HomeMy WebLinkAbout2002-1203 Council Mtg PACKETCouncil Meeting Pkt.
BARBARA CHRISTENSEN C l T Y 0 F
CITY RECORDER "AS H LAN D
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 3, 2002, 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of November 19, 2002.
IV. SPECIAL PRESENTATIONS & AWARDS:
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
(None)
VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
VIII. UNFINISHED BUSINESS:
(None)
COI..JNCII... MEETINGS ARE BROAD(TAS"I? LI'VE ON CHANNEl... 9
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IX. NEW AND MISCEL~O. US BUSINESS:
1. Presentation by ACCESS, Inc.
2. Presentation of Housing Action Plan.
3. Update on BPA Electdc Rates.
4. Library Intergovernmental Agreement with Jackson County.
X. ORDINANCES~ RESOLUTIONS AND CONTRACTS:
1. Reading by title only of "A Resolution Declaring the Canvass of the Vote of the
Election Held in and for the City of Ashland, Oregon, on November 5, 2002, and
Mayoral Proclamation."
2. First reading of"An Ordinance Repealing Chapter 18.114 of the Ashland Municipal
Code Relating to Regulatory Taking Claims (Ballot Measure 7-2000 Amendment to
Article I, Section 18, Oregon Constitution)."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS:
Xll. ADJOURNMENT:
REMINDER
City Council Study Session on Wednesday, December
4, at 12:00 p.m. Topics include: 1) Update regarding
the Forest Interface Wildfire Fuels Reduction Work;
and, 2) Update on the development of the CERT
Program.
In compliance with the Americans with Disabilities Act, ff you need special assistance to
participate in this meeting, please contact the City Administrator's office at (541) 488-6002
(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-
35.104 ADA Title I).
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Minutes of the Ashland City Council Meeting
November 19, 2002 at 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main
ROLL CALL: Councilors Morrison, Hartzell, Laws, Jackson, and Reid were present. Mayor DeBoer was absent.
Councilor Heam arrived at 7:03 p.m.
APPROVAL OF MINUTES: The Council Meeting minutes of November 5, 2002 were approved as presented with
typographical errors noted on page 2.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Environmental Assessment of old Nevada Street Substation Property.
Councilors Hartzell/Reid m/s to approve the consent agenda. Voice Vote: All Ayes. Motion passed.
PUBLIC HEARINGS
I. Opportunity for public comments on the adoption of the proposed standards, criteria and policy
directives to be used in the hiring of a City Administrator.
Interim City Administrator Brian AImquist noted that this past September the Mayor & Council, with the assistance
of an executive search consultant, developed a draft of the standards, criteria and policy directives to be used in the
hiring of a new City Administrator. The vacancy in this position has been broadly advertised and 140 applications
were received by the November ist deadline. Since the interview panel will consist of the entire City Council it will
constitute a public meeting, though interviews will be conducted in an executive session under the provisions of
State Law. He requested Council to adopt the draft of the standards, criteria and policy directives for the position in
order for the final screening of the most qualified candidates and the preparation of the questions to be used during
the interviews to be completed within the next ten days.
It was noted that the standards, criteria and policy directives are in narrative form rather than in a list.
Hartzell suggested that in the sentence, "...community input is welcomed and received," to change the word
"received," to "utilized," saying that this would better reflect that the Council will try to use and integrate public
input. Almquist noted that such a change could be made.
Councilors Laws/Reid m/s to adopt the standards, criteria and policy directives for the position of City
Administrator. Voice vote: All AYES. Motion passed.
Almquist gave an overview of the expected timeline for the process explaining that on the 28t~ of November the
consultant will meet with the mayor to narrow the candidates down from the current list of the top 13 to a list of
approximately 7 or 8. The consultant will bring along the other applications in the event the mayor would like to
consider some of those candidates as well. The interviews will be conducted on Saturday, December 14 with the
entire City Council acting as the interview panel. Following that the City Council will present the three top
candidates, who in their view, any one of which would be good for the City of Ashland. The mayor would then be
free to make a choice from those three candidates. It is expected to take anywhere from six to eight weeks to get
that person on board.
It was noted that the newly elected Council Member, Alex Amarotico, would be invited to attend.
PUBLIC FORUM: None.
UNFINISHED BUSINESS: None.
NEW AND MISCELLANEOUS BUSINESS:
1. Presentation of the Long Term Parks, Trails and Open Space Plan from the Parks Commission.
Parks Commission Chair Rick Landt presented an overview of the Long Term Parks, Trails and Open Space Plan,
noting a greater emphasis on trails. He explained that the Council had already approved the Short Term Plan and
requested that the Council now approve the Long Term Plan. He noted that the Summary is a document
City Council Meeting Page 1 of 4
November 19, 2002
summarizing the process and giving guidance to future Councils and Commissions to help show why things were
done the way that they were. The summary would be attached to a map of the properties.
Reid expressed concern that the development of parks and community resources might be used to try to short circuit
development, noting that such an effort would burden the community. She advocated controlling development
through zoning rather than by trying to buy control. She favored concentrating on maintaining school district
properties already in use as parks.
Parks Director Ken Mickelsen clarified that school parks are a part of the plan and that they would work with school
districts to keep park use open to the public. He said that Parks is in competition with developers to secure the lands
identified. Landt noted that perceptions and intentions can be very different and that the Commission looks at
property for inclusion in the Plan because it will make our town more livable. He clarified that if lands were not
identified on the Plan then there would be no opportunity or option for acquisition. It was noted that the Plan was
comprehensive, integrating extensive input from both Staffand the public.
Jackson expressed disappointment with how the Plan was presented, noting a lack of a statement of needs, criteria,
and uses. She suggested including criteria and documentation giving information, justification, and specifics.
Laws commented that as development occurs there is a need for more open space to mitigate the effects of growth in
the community. In his view there is a need for more active parks in the city.
Heam commended the Commission for their effort on the Plan noting their facilitation of extensive public input al
meetings. He commented that the City feels the pressure of growth and a sense of loss of open space, noting that we
need to remember that parks are an important aspect of our community.
Lew Nash/88 Baum St./Advocated the importance of trails and open space and urged the Council to keep trails high
on the list of priorities.
Rebecca Ostrom/777 Palmer Rd./Emphasized the importance of trails and open space, noting that with the loss of
trail and access to trails, the city is losing the atmosphere that first drew her to the area.
Patti Sanders/1037 Pinecrest Terrace/Spoke in favor of trails, trail access, and open space. She advocated
walking more and using cars less.
Michael Dawkins/955 B St/Spoke in favor the lands identified on the Plan but advocated obtaining open space just
to have open space. He thinks of open space as wild lands and animal habitats, and commented that open vistas and
drainages need to be protected.
Fred Caruso/102 Garfield/Spoke on the need to have a network of paths and places to walk that are not exposed to
traffic area. He commented that there is too much bike traffic in pedestrian areas on Siskiyou.
Morrison noted that there is a project on the boards right now with bike paths incorporated into the plan.
It was suggested that the Commission work with Staff to flesh out the summary. Landt clarified that there is a map
attached to the summary that speaks to the fact that there are criteria and that the criteria are available in the office.
It was commented that the Long Term Plan is visionary, looking out to the future. It was noted that identified
properties that are now outside of the City limits may not be outside the city limits in the future.
Reid expressed concern with the inclusion of Grizzly Peak, saying that she relies on State Land Use planning to
provide agricultural and forest lands around the City. It was commented that it might be a mistake to trust County
government to protect the view shed. It was noted that at this time conservation easements could be obtained a very
Iow cost and that inclusion of the property gives opportunity to protect the most important viewscape and natural
feature in Ashland.
It was noted that not all of the money that could be gained to implement this plan has to come from the meals tax or
the rate payers, and that having it on the list means that we watch for it, keep it in mind, and look for opportunities.
Councilors Hearn/Jackson m/s to approve the Long Term Parks, Trails and Open Space Plan as presented.
Voice vote: All AYES. Motion passed.
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November 19, 2002
It was noted that Mickelsen would be leading a hike on Saturday December 7th at 9 a.m. on the portion of the Beagle
property that will be part of the greenway. The public is invited to attend.
2. Acceptance of Audit Committee Report dated November 1, 2002, and the June 30, 2002 Comprehensive
Annual Financial Report (CAFR).
Finance Director Lee Tuneberg presented an overview of the Audit Committee Report and the CAFR, noting that
the City is in a good financial condition and state. He noted that the relationship with the new auditors, Pauly,
Rogers and Co., went well, with the auditors reporting a good audit, open books, and a knowledgeable and helpful
City Staff. He explained that in this year the City saw a change in fund balances as well as seeing assets go up ten
million dollars and some debt go down. He complemented the Finance department staff for a marvelous job.
Tuneberg was asked to comment on fund balances. He clarified that Fund Balances represent not only funds, but
also other assets maintained in each of our types of funds to guarantee or carry us through on our commitments.
One of those is capital projects. As we borrow monies, or receive monies, or save monies, such as SDC monies, for
projects, those fund balances grow. And when we get to those projects, if they are not delayed, then those funds are
dispersed and the fund balances themselves either drop or maintain at a lower level. However if a project is held
over, if we have a delay - say on a library or a fire station, or road project, or maybe even a community building --
our fund balances grow. As we complete those it is normal and natural for the fund balances to drop.
Councilors Reid/Jackson m/s to accept the Audit Committee Report as presented. Voice Vote: All AYES.
Motion passed.
3. Approval of Amendment No. 1 to Fund Exchange Agreement No. 18615-01 for the Water Street Bridge
Project between the City of Ashland and the Oregon Department of Transportation (ODOT).
Public Works Director, Paula Brown, presented an overview of the Amendment No. 1, and recommended Council
approval. She noted that of the four different ODOT agreements this is the second and concerns the Water Street
Bridge. It is about $100,000 over because of the skewed bridge, curvature of the creek, and having to move some
utilities. This project can be in construction by June and competed by December..
Councilors Hartzell/Reid m/s to approve Amendment No. 1 to Fund Exchange Agreement No. 18615-01..
Voice Vote: All AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. Second reading by title only of "An Ordinance Adding Chapter 2.17, Public Arts Commission, to the
Ashland Municipal Code."
Interim City Administrator Brian Almquist mad aloud the amendments made to the ordinance at thc first reading on
November 5, 2002.
Councilors Hartzell/Jackson m/s to approve Ordinance # 2890. Roll Call Vote: Hearn, Reid, Laws, Jackson,
Hartzell, Morrison: YES. Motion passed.
2. Second reading by title only of "An Ordinance Modifying Chapter 15.04 of the Ashland Municipal Code
Regarding Building Demolition and Relocation, Requiring Demolition Debris Diversion Plans in accord with
Adopted Standards."
It was asked if wording changes suggested at the last meeting would be included in the attachment. City Attorney
Paul Nolte clarified that that is something that gets adopted by the Demolition Review Committee and comments
would be relayed back to them concerning this.
Councilors Hartzell/Jackson m/s to approve Ordinance # 2891. Roll Call Vote: Morrison, Hartzell, Jackson,
Laws, Reid, Hearn: YES. Motion passed.
3. Reading by title only of "A Resolution Authorizing Jurisdictional Transfer Agreement No. 707 - Rogue
Valley Highway 63 to UPRR Overcrossing Section Green Springs Highway No. 21 (State Highway No. 21, or
Route 66) City of Ashland."
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November 19, 2002
Public Works Director Paula Brown presented a brief overview of the agreement, noting that ODOT negotiated with
the City and approved the $200,000 for this fiscal year. This will help pay for paving.
Councilors Reid/Jackson m/s to approve Resolution # 2002-32. Discussion: Brown clarified that we are staging
the funding approvals rather than getting the money all at once. Roll Call Vote: Hearn, Reid, Laws, Jackson,
Hartzell, Morrison: YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS:
Reid noted her recent attendance at the Northwest Energy Coalition Meeting in Portland and explained that from
what she learned there rates appear to be very unstable and she expects rates to increase. She expressed concern
over Bonneville Power Administration's (BPA's) commitment to pay their bills to the Federal Government and that
rates in Ashland could be affected and take a dramatic jump. She noted that conservation is the best buy in trying to
control rates.
Jackson noted her recent attendance at the League of Oregon Cities Meeting and discussed her various experiences
there. She noted that both State Senators spoke at the meeting.
Morrison brought forward the issue of how the City deals with abandoned vehicles, noting an email received about
abandoned vehicles on Faith Avenue. Police Chief Scott Flueter explained that the police department handles
vehicles abandoned on public roadways and that the City's Code Enforcement Officer, Adam Hanks, handles the
ones abandoned on private property. It was noted that there are steps the City must go through and sometimes the
process might not seem fast enough for some people.
Almquist noted that a study session concerning affordable housing is scheduled for January, and reminded the
Council to set aside all day Saturday, December 14th for interviews, and 7 p. m. December 12th for the Budget
Committee meeting. Council Goal setting is scheduled for February 8th.
Morrison acknowledged Bruce Bayard's work on the public arts issue.
Laws spoke about the traditional way to phrase a motion when passing to second reading and adopting an ordinance.
He noted that according to the City Charter, the Ashland City Council has a "Council Chairman," and not a "Council
President."
ADJOURNMENT:
The meeting adjourned at 9:06 p.m.
Jan Brunelle, Assistant to the City Recorder Alan DeBoer, Mayor
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November 19, 2002
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ASHLAND HISTORIC COMMISSION
Minutes
November 6, 2002
GOAL SETTING/ORIENTATION
The Histodc Commission met at 4:00 p.m. in the Shakespeare Room in the Community Development/Engineering
Services (CDES) Building to discuss items that have come up over the past year and to decide on a list of goals
to work on in the coming year. In attendance were members Dale Shostrom, Jay Leighton, Joan Steele, Keith
Chambers, Terry Skibby, Rob Saladoff, Joanne Krippaehne and Tom Giordano. Associate Planner Mark Knox and
Secretary Sonja Akerman were also present. Member Gary Foil was unable to attend the meeting.
Topics of Discussion
Downtown Plan Status - Knox reported improvements to the Downtown intersections will begin in the spring
of 2003. Bump-outs at the intersections on East Main Street and Lithia Way plus traffic and crosswalk lights
will also be included. Knox also mentioned the Planning Department will be doing an assessment on the parking
calculations that were gathered earlier this year.
· Detail Submittal Requirements - Knox stated the City has recently submitted notice to the Department of Land
Conservation & Development (DLCD) that the Planning Department will be applying for detail submittal
requirements. Applicants requesting approval from the Planning Commission will be asked to present a cross
section of details with a scale of 1 ¼ inch to 1 foot at the time of submittal. This proposed requirement should
go to the Planning Commission in December. If approved, it should be adopted by the Council in January. All
Site Reviews in the Historic District would be covered by this requirement. In discussing this, Kdppaehne said
she felt this would be too eady in the process for an amhitect or designer to submit such detail. Knox will work
with Krippaehne, Shostrom, Giordano, Saladoff and Leighton in discussing this further. Aisc talked about was
the Design Review Form used during the Thursday Review Board meetings and the need for shorter
handouts/checklists that can be given to people that have residential and commercial projects.
· Reference Material - Knox stated that he has recently ordered books and information on CD-roms regarding
historic preservation. Space will be set aside in the Lithia Room for reference matedal that can be used during
Review Board meetings.
· Maximum House Size - The study session with the Planning Commission was briefly discussed. Knox said
there will be another joint study session in December or January.
· Measure 7 - This measure (just compensation for regulatory takings) has been found to be unconstitutional.
It is likely, however, that it will come back in another form.
· Local Authority - Knox stated according to the City Attomey and Community Development Director, the Historic
Commission most likely will not get the final say on projects. Giordano said he feels it would save a lot of time,
however, if the Commission had the authority to approve or deny Site Review projects in the Historic District.
The Planning Commission relies on Histodc Commission expertise in these matters and it would lift some of
the workload off the Planning Commission. Knox said this is a political issue and the standards are not clear
and objective. Leighton noted that the Historical & Architectural Review Commission in Jacksonville has the
final say and Giordano added that Medford's Histodc Commission also has this authority. Steele said she thinks
it should be a goal of the Commission to establish parameters and set standards. The members expressed their
frustration in reviewing and commenting on designs only to find out that many applicants receive approval
knowing they don't have to abide by Histodc Commission recommendations.
· Comprehensive Plan Policies - Knox reminded the Commission to read Chapter I and to pay special attention
to the Goals and Policies sections under Historic Preservation.
· City Talk - Knox informed the members the City is sponsoring a new program on RVTV that will highlight the
City's commissions, committees and boards. One group will be featured on this live call-in show every third
Thursday of the month. The Histodc Commission will be scheduled for January or February. Knox asked that
Shostrom and Chambers represent the Commission.
Ashland Historic Commission Minutes
November 6, 2002
CITY OF
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Goals
· Bi-Monthly Newsletter- This will be an opportunity to inform the public of what the Commission is doing and
what it is about. Although it might not be practical to mail out a newsletter to a specified group of citizens,
information regarding vinyl siding, vinyl windows, porches, alleys, mass and scale, etc. could be researched
and presented in a simple handout format. Steele will explore what can be done on the City's web site, linking
the Histodc Commission to these topics on other web sites with expert advice. Saladoff suggested having this
information available to the public in the lobby area of the CDES Building.
· Brown Ba.q Workshops - Based on the last workshop that was held in Jacksonville on a Saturday moming, it
was decided it would be best to stick to Fridays. Knox said the next one will be in mid-January, probably on the
17th and special assessment will be discussed. Saladoff recommended having one on American architectural
styles also. Saladoff volunteered to help Knox come up with ideas and stay focused in order to keep these
workshops happening.
· Monument Identification - Knox stated he will be asking for an intem to help identify and photograph
monuments in the sidewalks and streets. Due to an oversight a few years ago, the Public Works Department
overlooked an historical marker in Helman Street and as a result, it was destroyed. Public Works Director Paula
Brown is committed to helping get these monuments identified so it won't happen again. Knox said he would
appreciate input from everyone. Former members, local historians, authors, and local anthropologists and
archeologists will be consulted.
· Photo Archivinq/Screen Saver of Historic Photos - Archiving historic photos (in particular, Skibby's collection)
was discussed. Knox stated he would like the City to purchase a good quality scanner for this and added the
City could also purchase some of Skibby's time to help with this. Leighton and Skibby will meet with Knox to
discuss coordination of this project.
· National Histodc Preservation Week (May 5-12) - The theme for 2003 will be Cities, Suburbs & Countryside.
Knox related that he has met with State Histodc Preservation Office (SHPO) representatives to work out some
details of the Oregon Heritage Conference, which will be held in Ashland May 8 and 9. Govemor elect
Kulongoski, Senator Hannon, possibly Richard Moe (president of the National Trust) and possibly a
representative from Main Street National Trust will be in attendance. This conference will be included in the
events for the week. Saladoff and Kdppaehne will meet to help organize events and Steele volunteered to wdte
an article.
· Lithia Spdn.qs Property- Former Public Works Director Al Alsing had been talking with Shostrom regarding the
possible sale of the large piece of property that contains the headwaters of Lithia Springs. He would like to
make sure this land does not get partitioned and/or sold. Alsing would also like to see the property placed on
the National Register of Historic Places. Council Liaison Kate Jackson arrived at the meeting during this
discussion. She related that the Council does not intend to divide or sell this property at this time, but suggested
the Commission write a letter to the Mayor and Council regarding its concems so it will be on file. Shostrom will
set up a time to meet with Alsing at the site and work on a letter.
Shostrom will also write a letter to Interim City Administrator Brian Almquist, Mayor Alan DeBoer, Library Project
Coordinator Dick Wanderscheid, and Adroit Construction regarding the proposal to not finish the encasement of
the rafters in the comice on one side of the building. This side was to be designed like the other three sides of the
Camegie Library building and will look unfinished if it does not match.
At 6:10 p.m., the Commission adjourned for a dinner break.
CALL TO ORDER - REGULAR MONTHLY MEETING
At 7:35 p.m., Chairperson Dale Shostrom called the meeting to order in the Shakespeare Room. All members and
staff listed above were in attendance. In addition, Council Liaison Kate Jackson was present.
Ashland Historic Commission Minutes 2
November 6, 2002
CITY OF
SHLAND
APPROVAL OF: MINUTES
With a motion by Steelo and so¢ond by Krippaehno, tho minutes of the Octobor 2, 2002 meeting word unanimously
approved as submittod.
PUBLIC; HF:ARING$
Planning Action 2002-'125
C;onditional Uso Permit and Site Review
44 North Second Street
Trinity Episcopal C;hurch
Knox roported this application is for the dovelopment of a landscaped meditation aroa adjacent to Trinity Episcopal
Church. Tho Commission saw initial plans for this at tho Soptambor mooting. Nothing has changod in tho design
oxcept for tho portion on tho comer of North $ocond Stmot and Lithia Way, which will bo moro public with bonches
and planters. Staff is supportive of this wonderful amenity for tho community. Tho sug§estad conditions
recommended by Staff are consistent with what is found in the Downtown area and the CDES Building. Knox said
Staff would like input from the Commission on the brick material and the color of the fence.
Shostrom opened the public hearing.
The Reverend Anne Bartlett (Rector of Trinity Episcopal Church) introduced herself and Doyne Mraz, 95 Meade
Street, who is overseeing this project. She said there seems to be a difference of opinion with Staff regarding the
definition of public v. pdvate space. Although not in the odginal plans, two benches were added to the comer area
for the public. The lot belongs to the Church, and while they will be putting up a wrought iron fence, the entire lot
will be open to the public. Her concern is that just the comer area will be used for public space. The Church would
qke to invite the people to come into the garden area also. This is a gift not only to the Church padsh, but to the City
as well.
Mraz clarified the fence will be wrought iron and painted black. There is a portion of the original fence that still
exists. When asked about its age, he said he knows it has been there since the 1920s. The remainder will be
replicated. He said he understands the need for a 25 foot vision clearance area on the comer, and wondered what
effect the proposed bump-out on Lithia Way and North Second Street will have on the radius. Knox said that will
have to be taken into consideration when discussing the final plans prior to submittal.
Chambers stated this proposal will be a positive improvement to the lot. He also sees the addition of the benches
on the comer as a positive aspect because not everyone will want to come inside the fence to enjoy the
atmosphere. Bartlett said two benches have been added but any more would be a stretch. She added the Church
is trying to be generous with the benches on the comer, given there are public sidewalks that adjoin the property
on two sides. This prompted more discussion on public space.
Skibby asked if the fenced area will be locked and Bartlett responded there would be two gates that will be locked
at night. Skibby declared it will be nice to be able to sit on the benches in the comer area after the gates are locked.
Because the discussion on the public comer continued, Knox related Staff needs to look at what is good for the
general public when making a decision. He then asked the Commission for comments on the materials.
Mraz explained the bdck proposed for the walls of the columbadum and planters will be antique bdck, similar to the
Golden-Fields building on East Main Street. Knox added that condition 5 addresses the cap on the planters, which
will also allow them to be sitting walls.
Shostrom closed the public hearing.
Ashland Historic Commission Minutes 3
November 6, 2002
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Chambers said he likes the overall plan with the openness of the corner and expansion of the public area.
Shostrom commented he is not crazy about the brick on the Golden-Fields building nor the brick on the Kat Wol
building. In taking a straw poll, most of the Commission agreed with Shostrom. The Commission asked Bartlett ano
Mraz to keep this in mind as they choose the brick.
Skibby moved to recommend approval of this application with Staff's recommended conditions and Steele
seconded the motion. It was approved with a unanimous vote.
Planning Action 2002-126
Conditional Use Permit
199 Hillcrest Street
Regina Riley-Ayers
Knox explained this application is to convert the basement area of the existing house to a 499 square foot
accessory unit. The main floor of the house is 1,165 square feet. No exterior changes are proposed.
Shostrom opened the public hearing.
Regina Riley-Ayers verified there will be no exterior changes to the house. She also stated the basement is
currently unfinished. Access to the new unit will be from the parking pad on Hillcrest Street. Additional on-street
parking credit is derived from Terrace Street.
As there was no one else in the audience to speak for or against this application, Shostrom closed the public
hearing.
Giordano moved to recommend approval of this application and Leighton seconded the motion. It passed with a
unanimous vote.
Planning Action 2002-127
Site Review
Northwest Corner of North Main and Maple Street Intersection
Ashland Community Hospital Foundation (ACHF)
Knox explained this application is to convert the vacant lot to the north of Mountain View Retirement Center to a
23-space parking lot. Parking is not adequate for the ACHF medical building across the street and this will help
alleviate the parking problem. It will also help the parking situation for the adjacent medical office. On-street parking
is not an option for either building on North Main Street. Because ACHF is proposing to eventually build another
medical office on the front portion of the property, the parking lot is proposed on the rear two-thirds of the lot.
Knowing that a building will soon be constructed (which will require another Site Review), Staff is recommending
approval of this application. The lot will be landscaped and a bus shelter is proposed. ACHF will work with Staff and
the Rogue Valley Transportation Distdct (RVTD) to determine the location. When the Oregon Department of
Transportation (ODOT) sold this property to ACHF several years ago, one of the conditions of sale was that direct
access off North Main Street would not be allowed due to safety standards. Therefore, access will be via a shared
ddveway with the parcel to the north. The proposed building and the parking area will be screened, however, no
detail of the screening was submitted.
Skibby asked if the parking area will fit with the proposed building and Knox said it would meet the requirements,
with the building in front and the parking in the rear.
Shostrom opened the public hearing.
Pat Flannery, ACHF Director of Development, clarified the screening will consist of heavy landscaping. He also
noted there is a desperate need for more parking at the hospital and the medical office buildings. Because the
Ashland Historic Commission Minutes 4
November 6, 2002
CITY OF
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future building will not need 23 required parking spaces; the other medical offices will be able to continue using this
lot.
Shostrom closed the public hearing.
Steele moved to recommend approval of this application. With a second by Chambers, the motion was unanimously
approved.
OLD BUSINESS
Review Board - Following is the November schedule for the Review Board, which meets every Thursday from 3:00
to at least 3:30 p.m. in the Planning Department:
November 7th Skibby, Krippaehne and Steele
November 14th Skibby, Leighton and Saladoff
November 21st Skibby, Chambers and Steele
November 27th Skibby, Giordano and Shostrom
Project Assi.qnments for Planninq Actions
PA #2000-120 485 "A" Street (Steve Hoxmeier) Shostrom
PA #2001-029 455 Siskiyou Boulevard (Fire Station) Skibby
PA #2001-059 50 Sixth Street (Qwest) Leighton
PA #2001-075 348 Iowa Street (Eva Cooley) Knox
PA #2001-088 61 Nutley Street (William Machado & Denise Byron) Steele
PA #2002-002 472 Scenic Drive (Kirt Meyer & Vadim Agakhanov) Saladoff
PA #2002-010 103 S. Laurel Street (Laura Shrewsbury) Leighton
PA #2002-02'1 25 Granite Street (Carol Dutra) Foil
PA #2002-064 542 "A" Street (David Gremmels & Cary Bryant) Krippaehne
PA #2002-080 286 Eighth Street (John & Mary Ellen Cole) Foil
PA #2002-075 SE Corner of "A" & Pioneer Streets (Alan Sandier) Saladoff
PA #2002-094 340 Oak Street ("A" Street Marketplace) Saladoff
PA # 2002-098 521 North Main Street (Scott Young Medical Center) Leighton ....
PA #2002-100 142 East Main Street (Earthly Goods) ~~,~,~
PA #2002-125 44 North Second Street (Tdnity Episcopal Church) Skibby
PA #2002-127 NW Corner North Main & Maple Streets Intersection (ACHF) Krippaehne
NEW BUSINESS
Proposed Plans for Remodel/Addition at 79 Baum Street - Contractor Eric Laursen and owners Richard and Leslie
Lovett were requested by the Review Board to meet with the full Commission to present their plans for 79 Baum
Street. Laursen explained the Lovetts would like to expand the footprint of the existing house by 750 square feet
and build an upstairs. Existing additions will be removed and rebuilt; the back addition will be one story. He
submitted detailed elevations of the proposed plan with two other options and simple elevations of the existing
house.
Skibby commented he thought the proposal should be more modest and that the additions will entirely change the
look of the odginal house.
Laursen described the proposed changes as follows: double hung wood windows will be used, new wood siding
will replace all existing siding, the wing additions on each side will be set back 14 to 16 feet, the back existing
additions will be demolished, and the original front wall and plate height will be used. The Commission agreed the
original house will be lost and this would be, in fact, a de facto demolition. Chambers related that if the applicants
Ashland Historic Commission Minutes
November 6, 2002
CiTY OF
SHLAND
step into the shoes of the Historic Commission, they could see the concern that the original house will literally
disappear.
Knox asked if it would be possible to upgrade and add on to the existing house without changing it so dramatically.
Laursen responded it is one of the few houses in the area that does not have two stories. When asked about
square footage clarification, he stated the downstairs portion will be 1,600 square feet; the upstairs addition will total
830 square feet; the downstairs addition will be 820 square feet; and the original existing house as it now stands
is 1,450 square feet. Therefore, the house will be 3,000+ square feet.
Saladoff related that when this came to the Review Board, the members were not objecting to a second story
addition, but the entire style of the house has changed. Leslie Lovett stated there is nothing historic left of the
odginal house. Laursen stated the proposed house will only be 1½ feet higher than the original. He added they are
trying to create a house that looks historic. The original house does not fit with the expansion very well.
Giordano suggested taking the existing house elevations and putting the same care and detail into them as Laursen
did with the proposed elevations. This should help in the design of the additions. Saladoff also suggested quickly
looking at alternatives to the bays and dormers. Giordano wondered if the Lovetts had thought of shed roof dormers
and Leslie Lovett responded she does not want that style. She also asked why some large projects are allowed (for
example the garage/accessory unit next door) and some are questioned. She and her husband spent a great deal
of money on this property and they want to make a nice house out of it, a place where they can live for a long time.
Shostrom talked about simplifying the windows. He also said the porch is so much more grandiose compared with
the simple house it was originally. The proposed door is also much larger than the original. Leighton stated separate
double hung windows even on the sides would also help simplify the design. Laursen said the porch is actually the
same size as the original, however, he acknowledged the door would be bigger and with the thin vertical windows
on either side of the door, the porch looks larger.
Chambers stated the proposed designs are beautiful; however, this house is in a National Register District and the
proposed changes to the existing house affect the histodc inventory in Ashland. The Historic Commission exists
in part to protect the City's histodc resources. Because the existing house at 79 Baum Street will be essentially lost,
the Commission can not in good conscience approve what the Lovetts are proposing. He said he understands that
they want a dream house, but maybe that site is not ideally suited for their needs. An addition with a more modest
fac,,ade would work much better. It is necessary to look at the basic nature of the house versus what is being
proposed. The Commission does not want to see the house go away; the members would like to see an acceptable
change. Knox added the Planning Department does not want to see a domino effect. Society is now demanding
specialized rooms for many functions that used to take place in the same room. What used to work for a family of
six no longer seems to work for two people.
The Commission urged the Lovetts to work with Laursen in comin9 up with a more simplified design.
ITl=MS NOT ON AGI=NDA
No other items were addressed.
ADJOURNMENT
There being no further business, it was the unanimous decision of the Commissi°n to adjourn the meeting at 9:40
p.m.
Ashland Historic Commission Minutes
November 6, 2002
CITY OF
4kSHLAND
Council Communication
Title: Presentation to Ashland City Council by ACCESS, INC.
Dept: Administration
Date: December 3, 2002
Submitted By: Brian Almquist, Interim City Administra~rf~/
Synopsis:
Russ Kochlcr, Resource Development Man$¢r £or Access, Inc., will present information on the
£ollowing:
· Mission and information on ACCESS.
· General overview of services provided to our community.
· How many people have been served in Ashland through each program.
Further handouts will be provided at the time of the council meeting.
Recommendation:
None. Presentation only.
Fiscal Impact:
None.
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ACCESS DEPARTMENTAL CONTACT LIST
ACCESS Inc. f"ollllllunit . Action A 'enc .
3630 A\.iation Way, P.O. Box 4666
Medford, Oregon 97501
541-779-6691
Website Address: www.access-inc.org
Chil'f Ewcutin Offinr
I'all). C1ae)s 541-779-4328
pclae)s~i'mighty .net
f"hier Financial Officer
Joleen Escobar 541-774-4331
jsp@,mighty.net
~
Russ Koehler 541-774-4325
rkoehler@.might)'.net
~
Cindy Dyer 541-774-4319
cdyer@:might)..net
Famih. & Senior Sen'ices Mana er
Ellen Gray 541-774-4313
egra y(ji might)'. net
~
Dan Cunningham 541-774-4316
dcu nni ngham@:mighty.net
~
l'hilip Yates 541-774-4320
p)'ates@mighty.net
Junior Achie\'ement Pro ram l\Iana 'er
Mary Holbrook 541-774-4334
mholbrook@mighty.net
Plannin Grants & Contract Mana 'er
Edward J. Angeletti 541-774-4330
eangeletti@mighty.net
13
CiTY OF
,ASHLAND
Council Communication
TITLE: Presentation of the City of Ashland Affordable Housing Action Plan
DEPT: Department of Community Development
Planning Division
DATE: December 3, 2002 ~
SUBMITTED BY: John McLaughlin, Director of Community Development
APPROVED BY: Brian Almquist, Interim City Administrat~
Synopsis: The City contracted for a housing needs analysis, which was completed by
ECONorthwest in May, 2002. Following that effort, the City contracted with Cogan
Owen Cogan and Sextant Consultants for the preparation of an Affordable Housing
Action Plan which would outline the next steps for the community in addressing the
needs for housing for a broad range of income levels.
Kurt Webring of Sextant Consultants will be presenting the plan to the City Council at
the meeting.
Recommendation: Staff recommends that Council accept the Affordable Housing Action Plan as a document
to support and direct the efforts of the Housing Commission and soon to be hired
temporary Housing Program Coordinator.
Fiscal Impact: The City Council allocated funds to hire a Housing Program Coordinator for a period of
six months. That position is currently being advertised and is expected to be filled at the
beginning of the year. The Action plan also identifies several other efforts that the City
could undertake to address housing that would involve additional funding. The extent of
the fiscal impact will be dependent upon future City Council action.
Background: The City of Ashland Affordable Housing Action Plan is attached.
City of Ashland
Affordable Housing Action Plan
Prepared for
City of Ashland, Oregon
by
Sextant Consultants, Inc.
3333 N.E. 18th Avenue
Portland, OR 97212
(503) 282-7807
Cogan Owens Cogen
813 S.W. Alder, #320
Portland, OR 97205
(503) 225-0192
October 2002
Table of Contents
1. EXECUTIVE SUMMARY ........................................................................................................ 1
2. BACKGROUND ......................................................................................................................... 3
A. Needs Analysis 3
B. Ashland's Efforts at Promoting Affordable Housing 4
3. HOUSING STRA TEGYS .......................................................................................................... 5
STRATEGY 1: PROVIDE FUNDING FOR AFFORDABLE HOUSING ....................................... 5
A. Apply for Housing Development Funding 5
B. Create an Affordable Housing Trust Fund 7
C. Develop Dedicated Funding Sources for the Housing Trust Fund 8
D. Encourage Employers To Assist Employees In Home Buying 10
STRATEGY 2: REDUCE DEVELOPMENT AND OPERATING COSTS ................................... 12
A. Waive System Development Charges 12
B. Waive Other Planning, Permitting or Other Fees 13
STRATEGY 3: ADOPT LAND USE REGULATIONS TO PROMOTE AFFORDABLE
HOUSING ............................................................................................................................................. 14
A. Identify and Zone Additional Land For Multi-Family and/or Affordable Housing Development__ 15
B. Limit or Restrict Single-Family Housing in Multi-Family Residential Districts 17
C. Further Encourage Development of Accessory Dwelling Units 19
D. Allow For Or Require Single-Family Residential Development On Small Lots 21
STRATEGY 4: PRESERVE EXISTING AFFORDABLE HOUSING; CREATE NEW
AFFORDABLE HOUSING ................................................................................................................. 22
A. Promote Permanent Affordability by Working with Non-Profits 22
B. Promote Long-Term Affordability Through Deferring or Waiving Fees 23
STRATEGY 5: DEVELOP ORGANIZATIONAL CAPACITY FOR AFFORDABLE
HOUSING ............................................................................................................................................. 23
A. Create a Full-Time Affordable Housing Coordinator Position 23
B. Develop Working Relationships with Housing Organizations 24
C. Continue the Ashland Housing Commission 24
STRATEGY 6: BUILD UNDERSTANDING AND SUPPORT FOR AFFORDABLE HOUSING
A. Develop a Public Information Program for Affordable Housing 25
B. Prepare an Annual Affordable Housing Report 26
B. Hold an Annual Affordable Housing Conference 27
4. ACTION PLAN. ....................................................................................................................... 27
ASHLAND AFFORDABLE HOUSING ACTION PLAN
1. EXECUTIVE SUMMARY
Disappearing affordability
For the past dozen years, Ashland made efforts to provide more affordable housing for those who
live and work in Ashland. Land use regulations were adopted to promote affordable housing.
The City received Community Development Block grant funds and used them in recent years for
housing. The City created the Housing Commission that prepared housing reports in 1990 and
1995 pointing out the need for more affordable housing. The City supported efforts by non-
profit organizations to build affordable housing in Ashland.
In spite of these efforts, the housing situation is getting worse for people with low and moderate
incomes. The median sales price of a house increased 50% from 1998 to 2001 when it reached
$277,742. Yet in 2001, the median household income in Ashland was $35,706. Using a
standard multiplier of 2.5, the average household can afford to buy a house worth $90,000. This
is not a problem of just low-income households. Housing affordability is a problem for persons
with moderate incomes.
About half of employees of Ashland's major employers cannot afford housing in Ashland. These
employers include the Ashland Community Hospital, the Southern Oregon University, the City
of Ashland, the Ashland School District, and the Oregon Shakespeare Festival. An indication of
the disappearing availability of affordable housing is that land zoned for multi-family housing --
typically less expensive than single family housing --is being developed with single family
homes.
With such strong market forces, Ashland is in danger of losing its economic diversity as owners
and renters get squeezed out of an escalating housing market. The fabric of the community is
threatened by declining school populations and impending school closure, caused by the
widespread inability of families with young children to purchase housing in Ashland that is
affordable to them.
A detailed analysis of incomes and housing costs are contained in the ECONorthwest report,
"City of Ashland Needs Analysis," April 2002.
Actions for affordable housing
This plan recommends a number of strategies that Ashland can take to address the problem of
affordable housing. The strategies are:
1. Provide funding for affordable housing.
The crux of providing affordable housing is finding ongoing funding sources to finance the
development of affordable housing. The plan recommends creating a Housing Trust Fund with
1
dedicated funding sources. Possible sources are identified. Deciding on sources will require
both study and building a consensus for adopting legislation for the fund.
2. Reduce development and operating costs.
Ashland has adopted several measures to defer systems development fees for affordable housing
developments. Additional measures could further reduce planning and development fees and
utility costs. Ashland should continue this approach while determining an annual limit so that
the impact on the City's budget can be known and planned for.
3. Adopt land use regulations to promote affordable housing.
The City is in a position to use its land use and zoning authority to assist in developing
affordable housing. Recommendations include: rezoning land to multi-family use, identifying
target properties for affordable housing that takes advantage of new state laws for tax
exemptions, examining the feasibility of expanding the Urban Growth Boundary for a property
owned by the school district, restricting single family housing in land zoned for multi-family use,
permitting accessory units in single family zones, and encouraging and promoting development
on small lots in new subdivisions.
4. Preserve and create affordable housing.
Affordable housing can be developed and kept permanently for low and moderate income
households leveraging funds from State and Federal housing programs where the development is
by non-profits or by the Jackson County Housing Authority. Where the City assists affordability
through the waiver of development or utility fees, the City should adopt a policy requiring long-
term affordability for a period of 60 years as required in City ordinances on affordable housing.
5. Develop organizational capability.
To provide a focus for its affordable housing efforts the City should immediately create a full-
time position of a Housing Coordinator to enable the development of affordable housing and
seek auxiliary funding sources to improve price and costs of housing for low and moderate
income households. The Housing Coordinator should develop good working relationships with
non-profit housing organizations. The Housing Commission will play an important role in
Ashland's affordable housing program.
6. Build understanding and support for affordable housing.
The Housing Commission should develop a public information program to explain the need and
benefits of affordable housing and build support for actions needed to develop and preserve
affordable housing. Other actions include preparing an Annual Housing Report, and holding an
Annual Affordable Housing Conference.
2. BACKGROUND
When Ashland formed an Affordable Housing Committee in 1990 to find ways to preserve the
diversity and character of the community, there was growing concern that housing prices were
outstripping incomes of Ashland residents. In spite of a number of constructive efforts by the
City to change its land use and housing codes to promote affordable housing, the situation is
worse now than when the first affordable housing study was completed 12 years ago. This is due
to strong market forces that drive up the price of housing.
Housing affordability directly affects people who live and work in Ashland. It is a particular
problem for renters, unlike owners who benefit from equity increases in their homes. Housing
costs are also a problem for first-time home buyers -- workers moving to Ashland, or sons and
daughters of residents who want to remain in the community they grew up in, but cannot find
housing within their means.
The City of Ashland commissioned a two-part study to assess needs and provide an action plan
for affordable housing. The overall goal of this effort is:
ITo develop an overall Affordable Housing Action Plan to provide a stable supply of
affordable housing for current and future residents of Ashland at all income levels
A. Needs Analysis
The "City of Ashland Housing Needs Analysis" prepared by ECONorthwest in March 2002
describes a community where housing affordable to all segments of the community is becoming
a more and more a difficult goal. Following are excerpts from the study.
· Fewer households own housing in Ashland compared to other areas.
(52% Ashland, 58% Medford, 67% Jackson County, 64% Oregon)
Service and retail sales, the fastest growing employment sectors in Ashland do not pay
enough for households to afford fair market rents. Rent was $601 in 2001 for a two-bedroom
unit without essential utilities while the average annual service job salary was $20,942 in
2000. The average service wage enabled a renter to pay $523 with all essential utilities, an
effective gap of nearly $200 per month. Home ownership was completely out of the
question.
· Housing prices increased 50% between 1998 and 2001 to an average sales price of $277,742.
· Ashland is falling short of providing rental housing. Between 1990 and 2001 91% of all
housing built was for single family, owner-occupied units.
· Ashland has a large deficit of affordable owner-occupied housing units. Less than 4%of
single-family dwellings are valued below $101,000, the maximum a household earning the
median income can afford.
· Ashland has a relatively small inventory of land zoned for multi-family housing. Single
family homes are often built on land zoned for multi-family housing thus reducing the supply
of available land for multi-family units.
· Approximately half of workers for the City, Ashland Community Hospital, Southern Oregon
University, and the Ashland School District live outside of Ashland, in part because of high
housing costs in Ashland. This results in higher transportation costs, more road
requirements, fewer children and young people in the community, and lack of long-term
sustainability.
The ECO Northwest Report made the following recommendations:
1. Encourage more multi-family housing by increasing the supply of land zoned for multi-family
housing, restricting the use of multi-family land for single family housing, and encouraging
redevelopment or reuse of structures.
2. Encourage more affordable single-family housing types by zoning more land for small lot
developments and making more land available for manufactured housing.
3. Develop more government-assisted housing.
4. Reduce development fees for targeted affordable housing developments.
B. Ashtand's Efforts at Promoting Affordable Housing
Thc City of Ashland has made a number of efforts in thc last decade to promote affordable
housing. These include:
· Permitting accessory units as a conditional use.
· Requiring 25% of units be affordable when new land is annexed for housing.
· Establishing a density bonus for development of affordable housing units. A one- percent
bonus is allowed for each percentage of affordable units developed up to a maximum of 25%
- 35%.
· Allowing for mixed use development (housing over commercial uses) in commercial zones.
· Allowing manufactured housing in residential areas other than historic districts.
· Revising development standards including narrower streets to reduce housing costs.
· Pursuing outside funding sources for housing including Community Development Block
Grant (CDBG) and government assisted housing.
· Creating the Ashland Housing Commission to provide guidance and direction for affordable
housing.
· Supporting the establishment of the Ashland Community Land Trust
In addition to City efforts, other organizations are addressing the affordable housing problem in
Ashland. These include: the Housing Authority of Jackson County, the Ashland Community
Land Trust which is building affordable units in Ashland, the Rogue Valley Community
Development Corporation which has built affordable, sales housing in Ashland and has been
4
awarded a state tax credit grant for affordable rental housing, Habitat for Humanity with a
program of assisted self-help housing, ACCESS, the Jackson County aniti-poverty agency, and
Options which provides housing for persons with disabilities.
The Housing Authority of Jackson County assists low income renters by providing rental
vouchers. As of June 2002 there were 197 families in Ashland receiving Section 8 housing
vouchers. There are 146 Ashland families on the Housing Authority's waiting list. Renters are
responsible for finding available rental units in the private housing market. The Housing
Authority does not own or manage rental units in Ashland. As rental rates increase, owners of
rental housing which accept Section 8 housing vouchers may no longer accept such tenants.
Thus a source of affordable housing may be priced out of the market.
3. HOUSING STRATEGIES
This plan recommends six major strategies for affordable housing in Ashland.
· Provide funding for affordable housing
· Reduce development and operating costs
· Modify land use regulations
· Preserve existing affordable housing and create new affordable housing
· Develop organizational capacity
· Build understanding and support.
S TRA TEGY 1: PR 0 VIDE FUNDING FOR AFFORDABLE HO USING
The objective of this strategy is to develop long-term, stable funding sources to produce
affordable housing. Funding is at the core of efforts to provide affordable housing. There are
many techniques for creating low-cost housing such as tax credits, reducing mortgage interest
rates, and providing loans and grants to organizations developing affordable housing. A
successful approach will use every available technique. Often what makes a project affordable is
the combination of several methods that reduce the costs.
A. Apply for Housing Development Funding
For Ashland, a major source of affordable housing funding is through programs of the Oregon
Housing and Community Services Department. The major programs relevant to Ashland are
shown in Table 1. The City will not be the developer. In order to access these funds, the City of
Ashland will need to work with local non-profit housing organizations such as the Ashland
Community Land Trust, the Rogue Valley Community Development Corporation, and ACCESS.
Table 1. Affordable Housing Programs of the
Oregon Housing and Community Services Department
1. HOME Program
The Ashland Community Land Trust in June 2002 received a $518,354 grant reservation of HOME
funds for new construction of five housing units in a residential neighborhood for low-income
families and individuals.
The HOME Investment Partnerships Program makes funds available for the development of
affordable housing for low and very low-income individuals and families, and encourages
partnerships among state agencies, local governments, not-for-profit, and for-profit organizations.
Approximately $20 million is available statewide per biennium.
2. Oregon Affordable Housing Tax Credit
Through the use of state tax credits, lending institutions can lower the cost of financing by as much
as four percent for housing for low-income households. Applicants can be profit or non-profit
housing sponsors, provided the savings from the reduced loans are passed on in the form of lower
rents to households. Approximately $25 million in tax credits will be available in this biennium.
3. Federal Low Income Housing Tax Credits
Federal income tax credits are available for 10 years to owners of qualified low-income, multi-
family housing. The tax credits are used to lower rents. Both profit and non-profit housing
sponsors may apply. Approximately $5 million per year is available statewide.
4. Risk Sharing Housing Loan Program
Loans for construction or rehabilitation of multi-family housing. Both profit and non-profit
housing sponsors are eligible. $60 million per biennium is available in Oregon.
$. Predovdopmont Loan Program
Short-term loans to pay recoverable affordable housing pre-construction costs.
$4 million revolving loan statewide.
6. Residential Loan Program
Provides below-market interest rate mortgages for eligible first-time homebuyers. The program is
aimed at moderate-income homebuyers. Applicants are lending institutions on behalf of moderate-
income homebuyers. $130 million per year statewide.
The City's role is to facilitate applications by non-profit organizations and other eligible
organizations. The City will need a Housing Coordinator who researches available funding
sources including application procedures and submittal deadlines, develops relationships with
funding sources, and works closely with organizations eligible for funding. Through a Housing
Trust Fund the City can also provide some of the local funding which is often needed in
affordable housing programs.
Recommendation:
The City, through a Housing Coordinator, will take necessary steps to facilitate the
process of applying for housing development funds by non-profit housing development
organizations and other eligible organizations.
Schedule: 1-5 years. Intermediate and long-term. (Dependent on funding cycles)
B. Create an Affordable Housing Trust Fund
The crux of building or rehabilitating affordable housing is funding the projects. Money is
needed to plan the housing, purchase land, provide equity to secure loans, and for up-front costs.
While there are many state and federal sources for funding affordable housing, in almost all
cases some local funds will be needed to match or supplement grants and loans.
Housing Trust Funds are a means to provide a flexible pool of funding to promote affordable
housing. What makes housing trust funds unique is that they have dedicated sources of ongoing,
public revenues. There are a wide range of funding sources used in the over 275 housing trust
funds that now operate in the U.S. Sources include funds from government bonds, from sale of
publicly owned lands, from lottery earnings from property taxes; development fees, and fees on
recording mortgages. Housing trust funds can also accept donations of property or funds from
individuals and corporations as well as receive funds from foundations.
There is legislation being developed in Congress that will provide a National Housing Trust
Fund to match funds for local communities with Housing Trust Funds.
There are at least 37 state housing trust funds including Oregon, Washington and California.
There are 42 city housing trust funds in 22 states, plus an additional 142 in New Jersey with a
state law that allows cities to levy fees on developers to raise funds for the trust funds.
In Oregon, Washington County has a Housing Trust Fund with revenues from a real estate
transfer tax of one-half of 1%. The City of Portland has a fund and has been working at the state
legislative level to obtain a real estate transfer tax to provide continuing funding.
Typically housing trust funds do not build or own housing. Rather, the funds distribute monies
to non-profit and government organizations that are experienced in building and owning
affordable housing. The funds act as a conduit for housing. City housing trust funds are able to
leverage their funds. For every $1.00 in the fund, they typically raise $4.89.
A Housing Trust Fund for Ashland could be a City program or it could be established as a non-
profit corporation. Either way, there will need to be a board that evaluates proposals for using
trust funds for housing projects and provides oversight. Members of the Ashland Housing
Commission could serve on such a board. The board could be augrnented by City staff such as
the city's Housing Coordinator and the Finance Director.
Recommendation
~ Form an Ashland Affordable Housing Trust Fund by directing the Ashland Housing
Commission to prepare a specific proposal for such a fund.
Schedule: Short Term (within 1-2 years).
C. Develop Dedicated Funding Sources for the Housing Trust Fund
The key to Ashland's success in creating a Housing Trust Fund is finding dedicated sources of
ongoing revenue. Ten years ago Ashland sold a surplus parcel of land and provided
approximately $90,000 for a Housing Trust Fund. However, it represented a one-time dedication
of funding that now has been used up to provide renter and first-time homebuyer assistance and
for housing studies.
Ashland also attempted to create an ongoing source of funds through a transfer fee on real estate
transactions. The proposal was brought to the voters in 1991 with limited time to discuss the
concept and build public support. The measure was defeated. At the state level, during the
2002-2002 legislative session a proposal to permit local governments to levy a real estate transfer
tax was developed by proponents from the Portland metropolitan area. The measure was
narrowly turned aside. Proponents are discussing strategies for reintroducing a similar measure
in the next session. At the federal level, legislation has been introduced to create a national
housing trust fund.
There are 38 states including Oregon with Housing Trust Fundsl. At the local level, there are 42
city housing trust funds in 22 states. Although many are in larger cities, there are housing trusts
in smaller cities: Menlo Park, Cupertino and Palo Alto in California, Santa Fe, New Mexico,
Burlington, Vermont, and Bainbridge Island, Washington.
I "Housing Trust Fund Progress Report 2002, Local Responses to America's Housing Needs." (June 2002), Housing
Trust Fund Project, Center For Community Change, pg. 7.
8
Typically city housing trust funds are administered by housing and community development
departments by city staff, although a few are independent or administered by a redevelopment
agency or a housing commission.
Ashland needs to evaluate a range of alternatives for providing dedicated funds for the Housing
Trust Fund. The following are potential sources.
1. Real estate transfer tax
A real estate transfer tax is applied when a home is sold. In Oregon, Washington County is the
only county with a real estate transfer tax. Passed in the 1970s, the tax is $1.00 per thousand. In
2001, the average price of a house sold in Ashland was $273,0632. If the Washington County
rate were applied in Ashland, the average tax would have been $273 per house, raising $102,398
for a housing trust fund.
Maryland has a tax when recording a property that has been sold. Rates vary by county ranging
from a low of $4.40 per $1,000 to $10.00 per $1,000. Using the lower tax rate of $4.40 per
thousand, if applied by Ashland would be a cost of $1,201 for an average house of $273,063 or
raised a total of approximately $450,000 in 2001.
Florida adopted a real estate transfer tax of $2.00 per thousand (0.02%) which was widely
supported by the housing industry including realtors as a way to invigorate the housing industry.
The tax generated $249 million in 2001. This rate applied to Ashland would have raised $546
per house sold in 2001 or approximately $204, 800
A real estate transfer tax in the Portland metropolitan area was unsuccessfully proposed in the
recent legislative session by the Portland regional housing trust fund. The proposed tax was a
rate of 0.75%. This rate, applied to Ashland, would have added a charge of approximately
$2,050 to the average home sold and produced approximately $767,000 in 2001. Affordable
housing advocates in the Portland area are considering a renewed legislative effort next year.
The effect of different rates used for a real estate transfer tax are summarized below:
Assuming 375 sales per year at an average of $273,063 would yield the following costs and
revenues:
Rate Cost Per House Sold Revenue Example
.001 $273 $102,398 Washington County, Oregon
.002 $546 $204,797 Florida
.0044 $1,201 $450,554 Maryland
.0075 $2,048 $767,989 Portland metro area (proposed)
2 Roy Wright Appraisal Services, Inc.
9
2. Hotel/motel tax
Ashland has a 7% tax on hotels, motels and bed and breakfast receipts. The tax generates
approximately $1.2 million per year of which two-thirds goes to the City's General Fund. The
remaining third ($384,000 in 2002) is allocated to economic and cultural development including
the Ashland Chamber of Commerce, the Oregon Shakespeare Festival and grants for economic
and cultural development.
A portion of this tax could be designated for affordable housing. For example, if the amount of
the tax devoted to the General Fund were reduced from 67% to 62% this could provide 5% for
affordable housing; the amount in 2002 would be approximately $58,000. This could be a part
of a funding base for Ashland's Housing Trust Fund.
3. Prepared food and beverage tax
This 5% tax generates $1.6 million last year and is dedicated 20% to parks and open space and
80% to wastewater treatment plant construction and debt service. The tax continues until 2010.
Any changes as well as renewal will require City Council approval and voter approval for
renewal. At the time of renewal in 2010, a portion of the tax could be dedicated to the Housing
Trust Fund.
4. Other possible source Some states use interest from "earnest money" held in escrow during
the sale of a house to help fund Housing Trust Funds. States include Washington, Missouri,
Wisconsin, Colorado and Maryland. This is a potential, though small source of revenue for the
trust fund. In 2001 there were 365 housing sales in Ashland with an average price of $277,742.
Assuming a 2% escrow amount held for 60 days, with interest at the prime rate of 4.5%, would
generate approximately $41 per house sold or about $15,000 per year.
Another source of revenue is a document stamp tax. This would apply to all documents, not just
real estate transaction filings. The Housing Commission could investigate and estimate the
income that could be derived from a document stamp tax and the costs of administering the tax
Recommendation
P Thc Housing Commission should develop recommendations for the City to establish
long-term, continuous funding sources for the Housing Trust Fund that provides
ongoing revenues for the fund and are supportable by the community.
Schedule: Medium to Long Term (2-5 years) I
D. Encourage Employers To Assist Employees In Home Buying
At the present time major employers in Ashland are finding that roughly half of their employees
live outside of Ashland. These employers include the City, Southern Oregon University,
Ashland School District, and the Ashland Hospital. The Oregon Shakespeare Festival also has a
need for both rental and sales housing in Ashland. Several Ashland organizations are concerned
10
that with staff turnover, new employees will not be able to find affordable housing in Ashland
and have to live outside the community.
The Ashland Housing Commission has convened an Employers Working Oroup to discuss the
issues and develop approaches to assist employees to find affordable housing in Ashland. In
other communities, major employers assist employees with down payments. For example, in
Portland Wacker Siltronics and Portland Public Schools have down payment assistance
programs. Up to $5,000 is provided. The principle is forgiven if the employee stays five years.
Interest rate payments on the loan vary among organizations from a subsidized rate to market
rates.
There are a number of programs aimed at helping employers and unions assist workers in
homcbuying and in developing rental housing. For example, the AFL-CIO has a Housing
Investment Trust that promotes housing development. Favorable terms include an interest rate
reduction of 0.5%, low 3% to 5% down payment, and mortgage insurance reduced by 30%.
The Federal Home Loan Bank has a Home Start Savings Program which includes homebuyer
education, a savings account at a local financial institution, and a grant which matches every
dollar saved with a $3 grant towards a down payment on a house. For example, $1,000 saved in
the account would result in a $3,000 grant for a total of $4,000 that could be applied to a down
payment on a house for first-time homebuyers.
The HomeStreet Bank with headquarters in Seattle has programs for first-time homebuyers
which operates in coordination with employers. The program includes homebuyer education,
reduced down-payment requirements, and lower interest rates. The bank has a program currently
operating in Portland and Salem and is considering expanding to other cities in Oregon
Recommendation
)~ The Housing Commission should continue to convene an employers group and develop
approaches whereby employers eau assist employees in securing affordable housing
either through down payment assistance for home ownership or through rental
programs that are assisted.
Schedule: Short term (1-2 years)
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STRATEGY 2: REDUCE DEVELOPMENT AND OPERA TING COSTS
The objective of this strategy is to lower the costs of both building and operating affordable
housing. Lower development costs will mean more low-income persons can buy homes or be
able to rent units at affordable levels. Ashland currently defers system development charges on
affordable housing. This practice should be continued. If budgetary impact is a concern, the
City can set a limit on the total amount of fees waived for affordable housing each year.
A. Waive System Development Charges
Approach
The City currently defers SDCs for affordable housing projects for the initial developer/buyer.
The SDC is secured by a second mortgage that is recorded, treated as a loan and accrues interest
each year. If the home is sold to a subsequent non-qualified buyer the principal and interest are
due. The City should remove this requirement and waive SDCs altogether for affordable units.
If the City does so, it is recommended that some measure(s) be taken to ensure that the housing
unit rornains affordable for 60 years. Otherwise, the benefit of the gDC waiver and increase in
the supply of affordable housing will continue to be only temporary.
Other cities with SDC waivers include:
· Salem. SDCs are waived for housing provided by the Salem Housing Authority and any unit
that receives city administered federal housing funds and is affordable to families below 80%
of the city's median household income (MHI).
· Eugene. SDCs are waived for rental housing for low-income persons (less than 60% MFI)
and owner-occupied housing for persons with less than 80% MFI.
· Lake Oswego. The city has a graduated SDC. The SDC may be proportionately reduced if
"evidence indicates that construction, alteration, additional, replacement or change in use
does not increase the parcel's or structure's use of the systems to the degree calculated in or
anticipated by the methodology for the particular SDC."
The City of Ashland's currently assesses SDCs for water, sewer, storm sewer, parks and
transportation facilities, as well as a separate connection fee. Fees vary by size of residential
unit. For single-family housing units, they total between approximately $6,500 for a 1,000
square foot home and $13,000 for a 3,000 square foot home, not including permit, community
development and engineering fees. For multi-family units, fees are somewhat lower.
Potential Impact
Waiving these fees would reduce the cost of building a new single-family home by between 10
and 13%, depending on the size and value of the home. If the City were to waive these fees for
10 affordable units per year, this measure also would reduce annual city revenues by about
$100,000 to $200,000. This would represent a significant investment in affordable housing (in
terms of deferred/lost revenues) by the City.
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Recommendations
~ Ashland should continue the program of deferring systems development charges for
affordable housing while requiring that participating housing units remain within the
pool of affordable housing.
~ Ashland should identify an annual amount of SDC fees waived. The cap should reflect
the amount of resources the City can reasonably devote to affordable housing programs
in light of other ongoing programs and implementation of other strategies identified in
this report.
Schedule: Short to Medium Term (within 1 - 3 years)
B. Waive Other Planning~ Permitting or Other Fees
Approach
Another cost-reduction method would be to waive other fees associated with housing
development, particularly planning, permitting and inspection fees. Currently, the City charges
three major fees - permit, community development and engineering fees. Estimated 2001 permit
fees ranged from $1,000 to $1,700 for single-family residences. Community development and
engineering fees are 0.90% and 0.75% of the value of the dwelling, respectively. For a $175,000
home, this equates to about $1,550 and $1,300 respectively.
Other cities in Oregon that currently waive these types of fees for Affordable Housing projects
include Portland and Eugene. In Portland, the Portland Development Commission annually sets
aside up to $500,000 for fee waivers for non-profit organizations that develop affordable
housing. Fees can be waived for building permits or zoning applications. The Portland Bureau
of Buildings also waives inspection, plan review and other fees for qualifying non-profit
affordable housing developers within certain guidelines. The City of Eugene waives planning
and development permit fees for affordable housing projects for up to $50,000 per year.
The City also charges a hookup fee for connection to sewer, water and electric utilities. Year
2001 connection fees were $3,537, or one to three percent of the value of a single-family home.
As the local sewer, water and electric utility provider, Ashland collects monthly fees for these
utility services. For apartment units, a typical utility bill is $40-$50; for single family homes,
$80-$90. The City could waive or reduce one or more of these fees for low-income households
meeting certain eligibility criteria.
Potential Impact
Waiving permit, community development and engineering fees in part or in total could reduce
the cost of housing development by about one to three percent of the cost of developing a single-
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family home. This could reduce housing development costs by an additional one to three percent
per unit and also reduce the monthly utility costs.
Recommendations
~ The City should determine which planning and development fees or utility fees could be
reduced or waived for affordable housing.
~ The City should determine an annual limit on the total amount of fees waived. The cap
should reflect the amount of resources the City can reasonably devote to affordable
housing programs in Hght of other ongoing programs and implementation of other
strategies identified in this report.
Schedule: Short to Medium Term (within 1 - 3 years)
STRATEGY 3: ADOPT LAND USE REGULATIONS TO PROMOTE AFFORDABLE
HO USING
Since preparing its original Affordable Housing Plan, prepared in 1990, the City has
implemented a number of regulatory strategies, including recommended in that plan, including:
· Allowing for the development of accessory residential units as a conditional use in single-
family residential zones
· Establishing a density bonus for development of affordable housing units. A one- percent
bonus is allowed for each percentage of affordable units developed up to a maximum of 25%
- 35%.
· Allowing for mixed use development (housing over commercial uses) in commercial zones.
Requiring that annexations include provisions to ensure development of a certain percentage
of affordable housing.
Additional regulatory strategies proposed and discussed in this report include:
· Zone additional land for multi-family development.
· Prohibit or restrict the development of single-family housing in multi-family residential
zones.
· Strengthen provisions for accessory residential units to encourage their development.
· Require a percentage of small lots in all single-family developments.
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A. Identify and Zone Additional Land For Multi-Family and/or Affordable Housing
Development
Approach
Multi-family housing tends to be less costly than single-family housing in terms of monthly
payments and the amount of money needed for a down-payment on a single-family home. This
is particularly true in Ashland, where single-family housing prices are very high. In Ashland,
multi-family housing represents an important source of affordable housing.
The Housing Needs Analysis prepared by ECONorthwest (ECO) indicates that over the past
three years, very little multi-family housing has been developed. Single-family housing has
accounted for 89% of all units built during that period. Between 1990 and 2001, single-family
housing accounted for about 85% of all residential housing units. In the last 10 years only 9%
(162 units) of the 1,842 building permits issued were for multi-family units. Historically, the
mix of housing units has been 52%/48% owner-occupied/rental housing. The majority of owner-
occupied units are single-family dwellings.
In addition, a significant amount of single-family development has occurred in multi-family
zones, in the form of single-family attached and detached (primarily attached), owner-occupied
housing. This has further reduced the supply of vacant land available for future multi-family
development. The ECO report indicates that the remaining supply of land for multi-family
housing is not adequate to meet long term (20 year) needs, given their estimate of the need for
new multi-family units. The report includes a recommendation to zone additional lands for
multi-family development to meet long term needs.
The following criteria could be used to identify lands to be rezoned for multi-family housing:
· Areas large enough to accommodate multi-family unit developments.
· Land with adequate transportation access, including close proximity to an existing or planned
transit route
· Relatively flat areas without significant physical constraints or environmental concerns (i.e.,
slopes, riparian areas and/or floodplains)
In addition to possibly rezoning land for multi-family use, it is recommended that the City
identify specific areas with high potential for future affordable housing developments. Criteria '
would be similar to those listed above. Targeting such land would help in specific area planning
efforts and in working with other affordable housing developers as they identify possible land to
acquire and develop.
15
Based on these criteria and review of the City's buildable lands inventory and map, City staff
have identified several potential areas to target for possible future affordable housing projects or
possible rezoning to allow for multi-family or mixed-use development:
· The area south of East Main Street between the city limits and urban growth boundary, and
east of the Ashland Middle School and west of Tolman Creek Road. This area is relatively
flat, includes several large parcels, and is adjacent to a transit route and close to commercial
services.
· The "Railroad Property" situated north of the railroad and bounded by Oak Street on the west
and Mountain Avenue on the east. This area historically has been considered for a mix of
uses including multi-family development. It is close to the downtown core, with good access
to transportation facilities and commercial services.
· The abandoned mill site south of Mistletoe Road and east of Tolman Creek Road. While this
site is zoned and historically has been used for industrial use, the City has examined previous
proposals for a mixed-use development on this site that could incorporate some affordable
housing or multi-family development, along with continued industrial or commercial use.
The site is fairly large, flat and has good access to transportation and commercial facilities.
· The "Tolman Creek Neighborhood Plannning Area" located east of Tolman Creek Road and
west of the Hamilton Creek floodplain. This is another relatively large, flat area. It is
currently zoned for single-family residential development but has been considered a
candidate for multi-family residential and neighborhood commercial uses.
· The area west of North Mountain Avenue and immediately north of the railroad tracks.
· Existing city-owned surface parking lots in or in close proximity to the downtown. These
sites could be targeted for application of recently enacted vertical housing development tax
exemptions. The new law provides a partial tax exemption for certified projects that include
a ground floor or lower floors occupied by commercial uses and one or more upper floors of
residential uses. The allowable exemption is for 20% of assessed value on land and
improvements for each floor up to four floors of residential use with a maximum partial tax
exemption of 80%. Other than these relatively small lots, the City does not own any parcels
suitable for affordable housing development.
In addition, the City, School District, Ashland Community Hospital and others have discussed
the possibility of partnering in an affordable housing development on a parcel of land outside the
City's urban growth boundary. In terms of land ownership, land costs, and the characteristics
identified above, it would make sense to target this property for development of affordable
housing. At the same time, it likely will be challenging to justify expanding the UGB to include
this property. To justify a UGB expansion, a City must prove the need for additional land to
meet long-term (20 year) needs for population/housing and employment.
Some cities have successfully expanded their boundaries to bring in land with specific
characteristics needed for certain types of development. For example, it is possible to justify
expansion to include large parcels with the potential for industrial development if no other large
16
parcels exist (even if the total acreage of small parcels is adequate to meet projected future
needs. Similarly it may be possible to include a parcel within the urban growth boundary for the
express purpose of accommodating a specific public need such as permanent affordable housing.
Potential Impact
It is difficult to quantify the direct impact of this strategy in terms of the number of affordable
housing units that could result. While it may not result in the immediate creation of additional
affordable housing, it would increase the potential for future development of multi-family and/or
affordable housing.
Recommendations
Identify additional land rezoning to multi-family use and/or development of affordable
housing. Use clear criteria and conduct an inclusive public process to do so.
} Identify a target site, preferably city-owned land with the potential for multi-story
mixed use development, for use of the new state vertical housing tax exemptions.
} Investigate with state agencies and others the feasibility of pursuing a UGB amendment
for the property outside the UGB owned by the Ashland School District.
Schedule: Medium to Long Term (1-3 years)
B. Limit or Restrict Single-Family Housing in Multi-Family Residential Districts
Approach
This strategy also is recommended in the ECO report as a possible means of maintaining the
long-term supply of land for multi-family housing. As noted above, because of the extremely
strong market for single-family housing in Ashland, a significant amount of single-family
housing has been built in multi-family zones. This reduces the supply of land for multi-family
development, which is particularly problematic given the potential difficulty in rezoning land
from single-family to multi-family use. Currently, the City's zoning ordinance allows single-
family homes as an outright permitted use in all multi-family districts. Several options that could
be used to restrict single-family development in multi-family zones are discussed below.
1. Do not allow single-family development at all in multi-family zones (i.e., remove it from
the list of permitted uses in these zones). This is the most restrictive of these options. While
it would be the most effective, it also likely could generate the most political controversy and
potential opposition from the public or development community. However, this option is not
without precedent. The City of Portland does not allow for new single-family development
in any of its multi-family zones.
2. Allow for single-family development as a permitted use in selected multi-family zones,
but not others. The City could continue to allow for single-family development in its
17
medium density multi-family (R-2) zone but restrict it in the high density (R-3 zone). This is
the approach taken by the City of Corvallis. In Corvallis, single-family dwellings or
townhouses are allowed in the City's RM1 multi-family zone. In the higher density RM2
zone, only replacement of a single-family dwelling is allowed. Finally, in the RH (multiple
family high-rise residential), single-family dwellings are not allowed. This approach is more
permissive and likely would be less effective than the more restrictive option described
above. At the same time, it may generate less controversy and/or opposition.
3. Allow for single-family development as a special permitted use in multi-family zones.
Currently, residential uses are special permitted uses in Commercial and Employment zones.
A similar approach could be considered in multi-family zones when, subject to additional
requirements, single-family uses on individual lots (attached or detached) could be permitted
only when in conjunction with rental housing. Some additional items to consider might
include setting a maximum percentage of single-family units in the project, as well as
affordability levels for rentals (i.e. households at 80% of the area median). This would have
to be structured as a voluntary provision.
4. Allow for single-family development as a conditional, rather than permitted use, in
multi-family zones. This approach is used by the City of Bend, where single-family
dwellings are allowed as conditional uses in selected multi-family zones. The conditions
upon which those or other conditional uses are allowed include:
(a) That the location, size, design and operating characteristics of the proposed use are such
that it will have a minimal adverse impact on the property value, livability and
permissible development of the surrounding area. Consideration shall be given to
compatibility in terms of scale, coverage, and density, to the alteration of traffic patterns
and the capacity of surrounding streets, and to any other relevant impact of the proposed
use.
(b) That the site planning of the proposed use will as far as reasonably possible, provide an
aesthetically pleasing and functional environment to the highest degree consistent with
the nature of the use and the given setting.
(c) If the use is permitted outright in another zone, that there is substantial reason for
locating the use in an area where it is only conditionally allowed, as opposed to an area
where it is permitted outright.
(d) That the proposed use will be consistent with the purposes of this ordinance, the
Comprehensive Plan, Statewide Goals, and any other statutes, ordinances or policies that
may be applicable.
Ashland could identify similar conditions for development of single-family homes in multi-
family districts. While conditions (a), (b) and (d) could be relatively easy to satisfy in many
cases, condition (c) is likely to be a fairly strong deterrent to continued development of single-
family in multi-family zones. The City alternatively could identify other conditions, such as that
a single-family development include a certain percentage of units affordable to people in certain
income ranges.
18
While this approach is less restrictive than completely disallowing single-family development in
multi-family zones, it could be very effective if the conditions are difficult to meet or result in
development of additional affordable units. It likely would be more effective than continuing to
allow for single-family dwellings as outright permitted uses in some multi-family while
disallowing them in others.
Potential Impact
It is difficult to quantify the direct impact of this strategy in terms of the number of affordable
housing units that could result. As with the approach of zoning additional land for multi-family
housing, this measure may not result in the immediate creation of additional affordable housing,
though it would increase the potential for future development of multi-family housing. Such
housing is expected to be affordable to a higher percentage of Ashland residents and workers
than much of the City's current stock of single-family homes.
Recommendation:
~ Restrict further development of single-family housing in multi-family zones by
prohibiting it in one or more multi-family districts or allowing it only as a conditional
use subject to clear conditions and criteria.
Schedule: Medium to Long Term (1-3 years)
C. Further Encourage Development of Accessory Dwelling Units
Approach
These units provide an excellent source of affordable housing, particularly for elderly or single
residents. Ashland already allows for the development of accessory units as a conditional use in
single-family residential areas. They must meet the same lot coverage and setback standards as
the base zone, are limited to 50% of the size of the primary unit on the lot, and cannot exceed
1 ,o00 square feet. Accessory units must be approved through a Type I procedure. This is the
most permissive of the City's conditional use approval procedures and allows approval at the
staff level of there is no public request of a Council review or public hearing process.
Additional steps could be taken to further encourage development of accessory dwelling units by
reducing potential barriers to their approval. Options could include:
· Make them an outright permitted use subject to existing planning, zoning and building
requirements. Additional criteria also could be developed to address possible public
concerns about design or compatibility with existing neighborhoods and structures (e.g.,
buffeting requirements, restrictions on placement on the existing lot or relative to the primary
dwelling, design guidelines, etc.). This also would reduce the cost of building accessory
units, as the current fee for a conditional use permit with a Type I review is $500.
19
· Relax lot coverage or setback requirements. For example, overall lot coverage limits could
be increased and rear setback requirements decreased. This would make construction of
accessory dwellings possible in more cases, particularly on lots where the existing primary
dwelling currently covers a larger percentage of the lot.
A number of other communities in Oregon allow accessory units as a permitted use. They must
meet conditions similar to other permitted uses (e.g., setbacks, lot coverage, etc.) but are not
required to go through a conditional use process. In some cases, this represents a change from
previous procedures. Following is a summary of how some of these communities approach this
issue.
Accessory Dwelling Units in Other Oregon Cities
City Practice/impact
Albany Practice
· Accessory units are allowed outright. The City recently has changed its code to emphasize
that accessory dwellings need to be subordinate to the main structure.
Impact
· Does not track amount of accessory dwellings permitted.
Corvallis Practice
· Accessory units are allowed outright. Prior to 1996, they were allowed as conditional uses.
Impact
· The city permitted a total of only 1 or 2 units before 1996. Since 1996, they have
permitted 20.
Eugene Practice
· Accessory units are allowed outright only in the R-1 residential zone. The City recently
updated its 30-year old code, which also allowed them.
Impact
· The City does not track the number of accessory units permitted.
Gresham Practice
· The City has allowed accessory units outright for the last four to five years. They
previously not allowed at all.
Impact
· Four accessory units have been permitted so far in 2002, one in 2000, and three in 1999.
Portland Practice
· The City always has allowed accessory units outright but recently liberalized requirements
for them.
Impact
· Since amending its requirements, the number of accessory units permitted annually has
approximately doubled, from 20/year to 40/year.
Salem Practice
· Accessory units are not allowed outright.
20
Potential Impact
During the past five years, the City has approved about 5 - 8 accessory dwellings per year.
Based on evidence from other communities summarized above, further reducing obstacles to
their development likely would increase the pace of this development, directly resulting in
development of more affordable housing units. If the number of units increased by 50% to 100%
(similar to other communities surveyed), about 3 - 8 additional units would be constructed per
year.
Recommendations
~ Amend current policies to allow accessory units as a permitted use in single-family
zones, subject to the same conditions for other types of single-family residences.
Slightly reduce maximum total lot size coverage requirements for accessory units.
Schedule: Short Term (within 1 year)
D. Allow For Or Require Single-Family Residential Development On Small Lots
Approach
In 1999, the Oregon Legislature passed House Bill 2658, prohibiting mandatory inclusionary
housing programs, i.e., requirements that developers include a certain percentage of affordable
units in any development. Therefore, inclusionary housing requirements per se are not an option
for Ashland at this time.
However, other requirements that could stimulate development of lower cost housing could be
implemented. For example, the City could require that developments of a certain size include a
certain percentage of small lots (e.g., 2,500 - 3,500 square feet). Given the high cost of land in
Ashland, this could result in development of more affordable single-family housing, though it
still may not be affordable to a significant portion of the population, given the single-family
housing market. Altematively, the City could reduce the minimum lot size in single-family
residential zones. While this ultimately could result in more development on small 10ts, it als0
could generate concerns about compatibility with the character of existing residential
neighborhoods and result in public or political opposition.
Small lot development has been allowed, encouraged and/or required in a number of large
residential developments in the Portland metropolitan region, including Fairview Village in
Fairview and Orenco Station in Hillsboro. In addition, many older, established residential
neighborhoods in the City of Portland contain a significant number of relatively small existing
lots (e.g., 3,300 square feet).
Potential Impact
21
It is difficult to measure the potential impact of this strategy in terms of development of
additional affordable units. Over the long term, it could result in a moderate number of new
affordable units.
Recommendation
~ Allow for or require a certain percentage of development on small lots within new
subdivisions.
Schedule: Short to Medium Term (within 1 - 3 years)
STRATEGY 4: PRESERVE EXISTING AFFORDABLE HOUSING; CREATE NEIV
AFFORDABLE HO USING
A. Promote Permanent Affordability by Working with Non-Profits
Ashland needs to both preserve the existing affordable housing stock in the community as well
as create new affordable housing through development. Private market forces in Ashland are
driving up the prices of housing. Housing sales prices increased almost 50% between 1998 and
2001. These forces will continue to increase housing costs for both homebuyers and renters.
The City has little ability to directly affect the rental and sales prices in the private housing
market. Direct interventions such as rent control that was used during World War II are rarely
used any more.
Permanent affordability is best assured when the units are owned by a non-profit affordable
housing organization such as the Ashland Community Land Trust, ACCESS, Options, or the
Rogue Valley CDC, or by a public entity such as the Jackson County Housing Authority.
Recommendation
} The City should promote permanent affordable housing by working with non-profits to
devel01 housing in Ashland. These include the Ashland Community Land Trust, the
Housing Authority, and other organizations such as ACCESS, Rogue Valley CDC, and
Options.
Schedule: Housing development: Long Term (1-5 years)
22
B. Promote Long-Term Affordability Through Deferring or Waiving Fees
Promoting affordability by providing deferment or waiver of fees (systems development charges,
utility charges, planning fees) in exchange for maintaining affordability does not necessarily
guarantee permanent affordability. Over time the value of the housing may increase so that the
owner may repay the fees and sell the property at market rates.
Long-term (but not permanent) affordability can be promoted where rents or sales prices are kept
affordable for 10, 20, 40 or 60 years in return for reductions in fees or other considerations. For
example, the Oregon Housing and Community Services requires multi-family projects developed
using their programs be maintained as affordable for 30 years. Portland's Housing Preservation
Ordinance requires any units built with City funds must remain affordable for a period of 60
years.
The City should promote long-term affordability by requiring that housing remain
affordable for a period of 60 years if it has received fee deferments or waivers.
Schedule: Policy development: Short Term (within 1 year)
STRATEGY 5: DEVELOP ORGANIZ,4 TIONAL C,4P,4 CITY FOR AFFORDABLE
HO USING
Over the last dozen years Ashland has taken a number of steps to address the issue of affordable
housing. Some of the significant steps include the formation of the Housing Commission, the
application for Community Development Block Grant funds and using the funds in recent years
primarily for housing, and preparation of two affordable housing studies in 1990 and 1995.
Within the City administration, coordination for affordable housing has been done by the
Planning Department. Because of the relatively small size of the City of Ashland and its
planning staff, affordable housing coordination is one of many functions of the planning staff.
However, affordable housing is a complex and demanding field. There are a wide array of
programs, funding sources, and perspectives requiring full-time attention.
A. Create a Full-Time Affordable Housing Coordinator Position
Create a full-time affordable housing coordinator to bring together all functions that directly
relate to affordable housing. These could include the following: preparing the Community
Development Block (]rant annual funding application, staffing the Housing Trust Fund and the
Housing Commission, coordinating with non-profit affordable housing development
organizations, maintaining relationships with the Oregon Department of Housing and
Community Services, and working with local lending institutions on affordable housing.
23
The role of the City would continue to be promoting and coordinating efforts for affordable
housing. The City would not become a developer or owner of affordable housing, but would
work with organizations that provide those services.
Potential Impact
A Housing Coordinator could bring focus and continuity to the City's affordable housing
programs. This should lead to a more effective program and additional outside funds coming into
the community for affordable housing. It would free up Planning Department staff time
currently required for affordable housing staff work. The staff position would require funding.
~ The City of Ashland should create a full-time position to coordinate affordable housing
programs.
Schedule: Short Term (within 1 year)
B. Develop Working Relationships with Housing Organizations
A major role of the Housing Coordinator will be to develop effective working relationships with
non-profit housing organizations that will be the developers, owners and managers of affordable
housing in Ashland. These include the Ashland Community Land Trust, Housing Authority of
Jackson County, Rogue Valley CDC, ACCESS, Options, and Habitat for Humanity.
The Housing Coordinator could serve on boards of the different housing development
organizations, attend planning meetings, or in other ways establish working relationships with
the staff of these organizations.
In addition to the non-profit organizations, the Housing Coordinator can also develop working
relationships with housing organizations in the private sector including the homebuilders, and
realtors.
~ The Housing Coordinator should develop effective working relationships with housing
organizations in the City and County.
C. Continue the Ashland Housing Commission
The Ashland Housing Commission has been a citizen group advocating for affordable housing.
The Commission produced two reports on affordable housing, one in 1990 and another in 1995.
The Commission should consider additional ways to provide both a voice and focus for citizen
efforts to promote housing.
As described in Strategy 6, the Housing Commission should develop a public information
program for affordable housing. The Housing Commission could also be the sponsor of an
annual Affordable Housing Conference. The conference could be designed to appeal to both
24
professionals in the field of housing, organization that are affected by the supply of affordable
housing such as the five major employers in the City (the University, Shakespeare Festival, the
hospital, the schools and the city) as well as citizens. The Housing Commission could also
develop an annual "Report Card" on affordable housing indicating strategies and
accomplishments.
)~ The Housing Commission should continue in its role as an advocate for affordable
housing including developing an affordable housing public information program, and
consider sponsoring an annual housing conference and a "Report Card" on affordable
housing.
STILl TEGY 6: BUILD UNDERSTANDING AND SUPPORT FOR AFFORDABLE
HO USING
There is considerable understanding and support for affordable housing among the civic
leadership in Ashland. In interviews with major Ashland employers, we found concern about the
need for housing within Ashland for their staff, and this concern is expressed in the participation
of the Employer Working Group. The City Council over the years has adopted ordinances
promoting and encouraging affordable housing.
As Ashland moves towards implementation action, it will be necessary to have broad-based
support of City actions to promote affordable housing. This support needs to be built among the
business community as well as among residents.
The case for affordable housing can be based upon the facts and trends outlined in the Needs
Analysis. The community is faced with very strong market pressures that will, in time, reduce
the supply of affordable housing. Current residents as well as new residents will find it harder
and harder to remain in Ashland (particularly if they are renters), or live in the City.
While there are very tangible impacts to such a pattern including increased commuting, effects
on traffic and air quality, inconvenience for employees and employers, the situation will also
change the character of the community. The City will lose some of its economic and cultural
diversity as well as stability which makes it the kind of place that it is.
A. Develop a Public Information Program for Affordable Housing
Those concerned with affordable housing including City leaders and the Housing Commission
will need to find ways to promote understanding as well as build support for specific policies and
actions. The Housing Commission should consider developing a public information program
that could include different messages, media, and programs.
~ The Housing Commission should develop a public information program for affordable
housing that explains the needs and build support among the general public as well as
community leaders.
25
The public information program could include some or all of the following:
1. Distribution of the "Affordable Housing Needs Analysis and Action Plan" to
community leaders.
2. Prepare a summary of this housing report available for wider distribution.
3. Continue the "Affordable Housing" page on the City's website and expand it to
include a summary of this report.
4. Make presentations about the study to service clubs and professional organizations.
Encourage the Chamber of Commerce to create an Affordable Housing Committee as one
of its Community Issues.
5. Encourage the local press to prepare feature stories about affordable housing,
particularly when projects are being planned and developed.
6. Conduct an annual house tour of historical homes in Ashland and include information
or site visits to affordable housing projects. The house tour could be a fundraiser for the
public information program.
Schedule: Short Term (begin within 1 year; continue thereafter.)
B. Prepare an Annual Affordable Housing Report
As indicated previously, the Housing Commission should prepare an Annual Housing Report
that describes the progress towards carrying out the recommendations of this report. The "report
card" will give the Housing Commission and the community a chance to mark and celebrate
progress in providing affordable housing, and to restate the strategies and actions needed.
The report does not need to be elaborate, but it should be clear and to the point providing both
community leaders and the general public with a sense of progress that is being made.
~ The Housing Commission should prepare an Annual Affordable Housing Report.
Schedule: Short Term (begin within 1 year; continue thereat~er.)
C. Hold an Annual Affordable Housing Conference
Each year, the Housing Commission should hold a conference about affordable housing for local
affordable housing organizations, citizens, employers, and others concerned with Ashland's
affordable housing. The conference could be carded out with other municipalities in the Rogue
Valley including Medford, the Housing Authority and the non-profits involved in affordable
housing with the assistance of the State Division of Housing.
26
The conference will provide an opportunity to stake stock of the progress towards meeting
affordable housing strategies, educate citizens, and learn about successful techniques, funding
mechanisms and experiences of other communities.
~ The Housing Commission should hold an Annual Affordable Housing Conference.
Schedule: Short Term (begin by the second year; continue thereafter.)
4. ACTION PLAN
The Action Plan shown in the following table lists the strategies and specific recommendations
together with a schedule and who has key responsibility for implementing the action. Most of
the actions will be carried out over the same time period and in coordination with other actions.
ACTION PLAN
Strategy and Action SCHEDULE Responsibilit3
(YE~s)
Strategy 1. Provide Funding for Affordable Housing
A. The City, through a Housing Coordinator, should facilitate the 1-5 City,
process of applying for housing development funds by non-profit Non-profit
housing development organizations and other eligible organizations, developers
B. Form an Ashland Affordable Housing Trust Fund by directing
the Ashland Housing Commission to prepare a specific proposal for 1-2 City
such a fund.
C. Develop long-term, continuous funding sources for the Housing
Trust Fund that provides ongoing revenues for the fund and are 1-3 City
supportable by the community.
D. The Housing Commission should continue to convene an
employers group and develop approaches whereby employers can 1 Housin$
assist employees in securing affordable housing either through down Commissior
payment assistance for home ownership or through rental programs
that are assisted.
Strategy 2: Reduce Development and Operating Costs
A. 1 Ashland should continue the program of deferring systems 1-3 City
development charges for affordable housing while requiting that
participating housing units remain within the pool of affordable
housing.
27
A.2 Ashland should identify an annual limit on the total amount of
SDC fees waived. The cap should reflect the amount of resources the 1-3 City
City can reasonably devote to affordable housing programs in light of
other ongoing programs and implementation of other strategies
identified in this report.
B. 1 The City should determine which planning and development
fees or utility fees could be reduced or waived for affordable housing.
1-3 City
B.2 The City should determine an annual limit on the total amount
of fees waived. The cap should reflect the amount of resources the
City can reasonably devote to affordable housing programs in light of
other ongoing programs and implementation of other strategies 1-3 City
identified in this report.
Strategy 3: Adopt Land Use Regulations to Promote Affordable
Housing
1-3 City
A. 1 Identify additional land rezoning to multi-family use and/or
development of affordable housing. Use clear criteria and conduct an
inclusive public process to do so.
1-3 City
A.2 Identify a target site, preferably city-owned land with the
potential for multi-story mixed use development, for use of the new
state vertical housing tax exemptions.
1-3 City
A.3 Investigate with state agencies and others the feasibility of
pursuing a UGB amendment for the property outside the UGB owned
by the Ashland School District.
1-3 City
B. Restrict further development of single-family housing in multi-
family zones by prohibiting it in one or more multi-family districts or
allowing it only as a conditional use subject to clear conditions and
criteria.
1-3 City
C. 1 Amend current policies to allow accessory units as a permitted
use in single-family zones, subject to the same conditions for other
types of single-family residences.
1-3 City
C.2 Slightly reduce maximum total lot size coverage requirements
for accessory units.
1-3 City
28
D. Allow for or require a certain percentage of development on
small lots within new subdivisions.
Strategy 4: Preserve Existing Affordable Housing; Create New
Affordable Housing
A. The City should work to promote permanent affordable 1-5 City,
housing by working with non-profits to develop housing in Ashland. ,. Non-profit
These include the Ashland Community Land Trust, the Housing Developers
Authority, and other organizations such as ACCESS, Rogue Valley
CDC, and Options
B. The City should promote long-term affordability by requiring 1 City
that housing remain affordable for a period of 30 years if it has
received fee deferments or waivers.
Strategy 5: Develop Organizational Capacity, for Affordable
Housing
1 City
A. The City of Ashland should create a full-time position to
coordinate affordable housing programs.
1-5 City
B. The Housing Coordinator should develop effective working
relationships with housing organizations in the City and County.
2-5 Housing
C. The Housing Commission should continue in its role as an CommissioJ
advocate for affordable housing including developing an affordable
housing public information program, and consider sponsoring an
annual housing conference and a "Report Card" on affordable housing.
Strategy 6: Build Understanding and Support for Affordable
Housing
A. The Housing Commission should develop a public information 1 Housing
program for affordable housing that explains the needs and build Commissiol
support among the general public as well as community leaders.
2-5 Housing
B. The Housing Commission should prepare an Annual Commissiol
Affordable Housing Report.
2-5 Housing
C. The Housing Commission should hold an Annual Affordable Commissiol
Housing Conference.
29
ACKNOWLEDGEMENTS
We wish to acknowledge the assistance and contributions to this study from the many citizens of
Ashland, City staff, and organizations concerned with affordable housing. These include:
The Ashland Ho,using Commission: Kim Blackwolf, Andy Dungan, Diana Goodwin Shavey,
Cate Hartzell, Joan Legg, Larry Medinger, Nancy Richardson, Richard Seidman, Jonathon Uto.
The City of Ashland staff: John McLaughlin, Planning Director and Bill Molnar, Project
Manager for this study.
Many others provided information and insight into housing needs and programs in Ashland.
These include: Rich Rhode, Oregon Action; Rick Harris, Board of Realtors; Rod Demele,
Executive Director, Rogue Valley Community Development Corporation; Carlus Harris, former
Executive Director, Ashland Community Land Trust, Scott Foster, Betty McRoberts, Housing
Authority of Jackson County, Wayne Schumacher, Director of Housing, Southern Oregon
University, Elizabeth Peck, Oregon Shakespeare Festival, Mary Brookes, consultant for the
Center for Community Change, Bob Parker, ECONorthwest Consulting.
This study was prepared by Kurt Wehbring, Sextant Consultants, Inc., and Matt Hastie, Cogan
Owens Cogen.
SELECTED REFERENCES AND SOURCES
City of Ashland, Comprehensive Housing Affordability Strategies (CHAS), 1993.
Metro Regional Services, Portland, OR, Regional Affordable Housing Strategy, June 22, 2000.
National Housing Conference, Four Windows: A Metropolitan Perspective on Affordable
Housing Policy in America. 2001. April 2002.
Center for Community Change, Housing Trust Fund Project. Housing Trust Fund Progress
Report 2002, Local Responses to America's Housing Needs. Mary E.Brooks.
Center for Community Change, A Workbook for Creating a Housing Trust Fund. July 1999.
"The Price of Popularity." in Preservation, The Magazine of the National Trust for Historic
Preservation. May/June 2002.
30
CITY OF
-ASHLAND
Council Communication
TITLE: Update on BPA Electric Rates
DEPT: Electric & Telecommunication
DATE: December 3, 2002
SUBMITTED BY: Dick Wanderscheid
APPROVED BY: Brian Almquist
Synopsis: BPA has decided at this time not to trigger the Safety Net Cost Recovery
Adjustment Clause (SNCRAC), but to wait until more information on water
supply and power prices are available. They will reconsider it again in January
2003. A decision to trigger it in January would probably result in an additional
wholesale rate increase to the City in October 2003. Therefore, there is no need to
increase our electric rates until July 2003, if at all.
Recommendation: This report is for informational purposes only and no council action is required.
Fiscal Impact: The fiscal impact will vary depending if the SNCRAC is triggered, when it
triggers, and the amount of the increase. This information should be available
during the budget process and can be used to determine rates for July 2003.
Background: The City of Ashland has a 1 O-year power sale contract with BPA to purchase
wholesale electricity. This contract runs from 2001 to 2011. The current rate
period runs from Oct. 1, 2001 through September 30, 2006. When BPA set rates
for the period, they utilized a series of Cost Recovery Adjustment Clauses
(CRAC) that could be used to revise rates to reflect changing circumstances. The
three different CRAC's all serve different purposes.
The Load Based CRAC (LBCRAC) allows BPA to adjust rates every six months
to recover the costs of purchasing augmentation power- that is the firm power
BPA needs to serve loads beyond what the federal system can provide. The
Financial Based CRAC (FBCRAC) allows BPA to make annual adjustments to
base rates if their accumulated net revenues fall below a preset threshold. The
single largest influence in BPA revenues is the market for BPA's seasonal surplus
power sales. The Safety Net CRAC (SNCRAC) is a last resort adjustment that
goes into effect only if there is less than a 50% probability of BPA making it's
treasury payment.
E lectrio/Telecommunication Dept.
Dick Wander~hi~id, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
The city's rates already include the current LB and FB CRAC's costs and these
CRAC'S are projected by BPA to decrease over the remainder of the rate period.
BPA's forecasts of these are as follows:
Year LB & FB CRAC %
2002 43%
2003 45.5%
2004 39%
2005 37%
2006 40%
As you can see the highest forecast is for the current rate year (Oct. 2002 -Sept.
2003) at 45.5%. Ifthe SNCRAC were to trigger in Oct. 2003 it would be added
into a lower LB-FB corrected rate than currently have and therefore could be as
high as 6.5% and still not result in an actual increase above our current rates.
However, we are going to see a 1.5% rate increase in transmission in October,
2003. This will need to be figured in with the latest power rate information
during the budget process in order to set rates for the city's next fiscal year.
E l~'trie.~¢le~.ommmaication Dept.
Dick Wandersch¢id, Director
90 N. M~t~ Ave ~e: (541) 488-5357
Ashl~ OR 97520 F~: (541) 552-2436
CITY OF
SHLAND
Council Communication
Title: Library Intergovernmental Agreement with Jackson County
Dept: Legal Department
Date: December 3, 2002
Submitted By: Paul Nolte ~
Approved By: Brian Almqui~yq-~j
Synopsis:
This agreement defines the roles and responsibilities of the city and Jackson County in relation to the
newly completed Ashland Branch Library. Under this 50-year agreement the county is responsible for
operation of the library, repair and maintenance of the exterior and interior of the newly remodeled and
refurbished Carnegie Library building and the newly constructed addition to the Carnegie and for the
provision of building utilities and insurance. The city is responsible for the sidewalks, parking area and
grounds including liability for these areas.
Recommendations:
Approve the agreement and authorize the mayor to sign it on behalf of the city.
Background:
This agreement succeeds an intergovernmental agreement between the city and county entered into in
February 2000. The February 2000 agreement modified a 1970 agreement which was the first year in
which the county library system began operating the Ashland library. The February 2000 agreement
provided that when the library addition and improvement~ to the Carnegie were ~ub~tantially completed
"the agreement dated May 22, 1970, between the County and Ashland regarding the Ashland
Public Library (the "1970 agreement") shall terminate and the parties shall enter into a new
intergovernmental agreement regarding their roles and responsibilities. Until such time as the
new intergovernmental agreement is consummated, the terms and conditions of this
intergovernmental agreement shall control."
This new agreement follows essentially the same terms and conditions of the 1970 and 2000 agreements
except that it requires the county 1) to obtain consent from the city prior to any alterations and 2) to
procure and maintain property and liability insurance on the buildings (the previous agreements were
silent on these two matters).
1 - G:\legal\PAUL\Library\Library agreement - 2002 - final draft 11-02cc.wpd
INTERGOVERNMENTAL AGREEMENT BETWEEN
JACKSON COUNTY AND THE CITY OF ASHLAND
THIS IS AN AGREEMENT entered into this day of ,2003, by
Jackson County ("County") and thc City of Ashland ("Ashland").
1. STATUTORY AUTHORITY
a. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
"INTERGOVERNMENTAL COOPERATION", the County is authorized to enter into a written
agreement with any other unit of local government for thc performance of any or all functions or
activities that a party to thc agreement has authority to perform. By acceptance of this agreement
Ashland certifies that it meets the above criteria for eligibility for such cooperation with thc
County.
b. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government,
consolidated department, intergovernmental entity or administrative officers designated herein to
perform specified functions or activities is vested with all powers, rights and duties relating to
those functions and activities that arc vested by law in each separate party to the Agreement, its
officers and agencies.
2. RECITAL
WHEREAS,
A. County passed a bond measure in the May 2000 primary election for capital
construction and improvements of the entire county library system, including the Ashland
Branch Library. The Ashland Branch library is located on the following described property
which is collectively and further referred to in this agreement as "the premises":
All of lots 1, 2, 3 and 4 of Pracht's Addition to the City of Ashland, Jackson County,
Oregon.
B. Ashland passed a bond measure in the amount of $5.96 million in November, 1999,
for capital construction and improvements to the Ashland Branch of the Jackson County Library
system ("Ashland Branch Library"), of which $5.85 million would be allocated to construction
costs; and
C. County transferred to Ashland a sum of money from the bond proceeds sufficient to
construct the planned improvements to the Ashland Branch, thus eliminating the need for
Ashland to issue its own bonds as memorialized in the Intergovernmental Agreement Between
Jackson County and the City of Ashland, attached hereto as Exhibit A; and
D. The construction of new facilities and improvements to existing facilities at the
Ashland Branch are now complete.
Page 1 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002
3. COOPERATION AND SERVICES TO BE PERFORMED
A. County's responsibilities:
1. County will maintain and operate a free public library for the benefit of, and uniformly
available on the same terms to, all members of the public in Jackson County and is to use for
these purposes the property and property interests furnished by Ashland.
2. All books, furniture, furnishings and equipment previously transferred to the County
pursuant to the agreement dated May 22, 1970, between the County and Ashland regarding the
Ashland Public Library, shall remain the property of the County, and the transferred
Shakespearean Library shall remain the property of the Oregon Shakespeare Festival
Association. All new facilities and improvements to existing facilities constructed on the
premises shall be the property of Ashland.
2.1. County will decide on level of service and budget allocations, in its total discretion.
2.2. In the event the County, for any reason, should cease to operate a Countywide library
system, or a library at this location, then, and in that event:
2.2.1. All right, title, and interest in and to all of the books, furniture, furnishings
and equipment previously transferred to the County under the 1970 agreement and which
have not been discarded due to obsolescence, shall revert to Ashland.
2.2.2. This agreement shall be null and void and Ashland shall have the right to
immediate possession of the premises.
3. Except as provided in this subsection, upon.substantial completion of the project,
Ashland shall be under no obligation to make or perform any repairs, maintenance,
replacements, alterations, or improvements on the premises. County, at its expense, shall keep
the premises in good repair, operating condition, working order, and appearance, including,
without limitation:
3.1. Repairs and maintenance of the roof and gutters, exterior walls (including painting),
bearing walls, structural members, floor slabs, and foundation.
3.2. Repair and maintenance of exterior water, sewage, gas, and electrical services from
the point of entry to the premises.
3.3. Repair of the heating and air conditioning system including ordinary maintenance.
3.4. Repair of interior walls, ceilings, doors, windows, and related hardware, light
fixtures, switches, and wiring and plumbing.
4. County may make alterations to property to ensure patron safety and convenience, or to
Page 2 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002
facilitate efficient library operations subject to the following:
4.1. County shall make no improvements or alterations on the premises of any kind
without first obtaining Ashland's written consent, which will not be unreasonably withheld. All
alterations shall be made in a good and workmanlike manner, and in compliance with applicable
laws and building codes.
4.2. All existing improvements and all improvements and alterations performed on the
premises shall be the property of Ashland when installed.
5. Insurance.
5.1. Property Insurance. County shall obtain on or before the date of substantial
completion, and thereafter maintain in full force and effect during the term of this Agreement, a
property insurance policy or policies covering loss or damage to the premises, in the amount of
the full replacement value thereof, as the same may exist from time to time and be established by
Ashland, against all perils included within the classification of fire, extended coverage,
vandalism, malicious mischief, flood (in the event the same is required by a lender having a lien
on the premises), earthquake (in the event the same is required by a lender having a lien on the
premises) and special extended perils ("all risk" as such term is used in the insurance industry).
The insurance shall provide for payment of loss thereunder to Ashland or to the holders of
mortgages or deeds of trust on the premises. If County shall fail to procure and maintain such
insurance coverage as required, Ashland may, but shall not be required to, procure and maintain
the same, but at the expense of County.
5.2. Liability Insurance. County shall, during the entire term and any extended term
hereof, keep in full force and effect a policy or policies of public liability and property damage
insurance (or in the alternative, provide evidence of a properly funded and administered self-
insurance program acceptable to Ashland, acting reasonably, and the holder of any debt secured
by the premises) with respect to the premises and activities conducted by County in the
premises, with a combined single limit for personal or bodily injury and property damage of not
less than $1,000,000. In the event the statutory limit of liability of a public body for claims
arising out of a single accident or occurrence is increased above the combined single limit
coverage requirements specified, County shall increase the coverage to the statutory limit for
such claims and increase the aggregate coverage to twice the amount of the gtatutory limit. The
policy shall name Ashland and County as insureds, and shall contain a clause that the insurer
will not cancel or change the insurance without first giving Ashland 30 days' written notice. The
insurance shall be provided by an insurance company licensed to provide such coverage in the
State of Oregon (or in the alternative, through a properly funded and administered self-insurance
program), and a copy of the policy or a certificate of insurance (or written evidence of such self-
insurance program) shall be delivered to Ashland. All such coverage shall be written to provide
primary coverage, not secondary or supplemental to coverage which Ashland may carry. All
such policies shall contain a provision that Ashland, whether or not named as an insured, shall be
entitled to recover under the policies for any loss occasioned to it, its officials, agents, employees
and representatives by reason of the negligence of County. All such insurance shall specifically
Page 3 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002
insure the performance of County of the indemnity agreement as to liability for injury to or death
of persons or injury or damage to property contained in section 4.
5.3. Subrogation. County waives its rights of subrogation against Ashland for any reason
whatsoever, and any insurance policies required to be procured by County shall contain an
express waiver of any right of subrogation by the insurer against Ashland.
6. County shall be liable for, and shall pay or cause to be paid before any delinquency
throughout the term of this Agreement, all charges for all utility services furnished to the
premises, including but not limited to light, heat, electricity, gas, water, telephone and
telecommunication service, sewage service, garbage disposal, hazardous waste disposal, and
other public or private utilities of every kind furnished to the premises.
B. Ashland's Responsibilities:
Notwithstanding the above-listed obligations of County in this subsection, Ashland shall
be responsible (a) to maintain in good, safe and presentable condition that part of the premises
comprising the grounds and approaches to the library, including, sidewalks, driveways, curbs
and parking areas located on the premises; (b) for the repairs and maintenance of any solar
panels that may be installed in the future, (c) for the repairs and maintenance of any other
improvements mutually identified by the County and Ashland as requiring extraordinary
maintenance or repairs and which may be undertaken in the future to meet Ashland's
environmentally responsible building standards. In the event Ashland elects to install solar
panels or undertake repairs or maintenance to meet its environmentally responsible building
standards, the parties shall enter into an amendment containing terms and conditions for such
installation or undertaking.
C. Limitations of Use:
Both parties agree and promise that the Ashland Branch Library and the land it will
occupy, including the existing building and land, will be used only for public library purposes
for as long as indebtedness remains outstanding on any bonds sold pursuant to the countywide
bond election for library capital improvements. Neither party shall allow any use of the premises
for any purpose or action which compromises the tax-exempt status of those bonds; this promise
shall be enforceable by injunctive, declaratory or other relief. In any event, if either party
breaches this specific promise, it shall indemnify the other party and all bondholders from any
resulting tax or financial impact.
4. LIMITATIONS OF LIABILITY/INDEMNIFICATION
A. This agreement is made upon the express condition that, except as set forth below,
Ashland shall be free from all liabilities and claims for damages and/or suits for or by reason of
any injury or injuries to any person or persons or property of any kind whatsoever, whether the
person or property of County, its agents or employees, or third persons, fi.om any cause or causes
whatsoever while in or upon the premises or any part hereof during the term of this agreement or
Page 4 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002
occasioned by any occupancy or use of the premises or any activity carried on by County in
connection therewith, and County hereby covenants and agrees to indemnify and save harmless
Ashland from all liabilities, charges, expenses (including counsel fees) and costs on account of
or by reason of any such injuries, liabilities, claims, suits or losses however occurring or
damages growing out of same.
County shall be free from all liabilities and claims for damages and/or suits for or by
reason of any injury or injuries to any person or persons or property of any kind whatsoever,
whether the person or property of Ashland, its agents or employees, or third persons, from any
cause or causes whatsoever while in or upon that portion of the premises comprising the grounds
and approaches to the library, and Ashland hereby covenants and agrees to indemnify and save
harmless County from all liabilities, charges, expenses (including counsel fees) and costs on
account of or by reason of any such injuries, liabilities, claims, suits or losses however occurring
or damages growing out of same.
B. Except as set forth below, County agrees to assume all risks of loss, injury or
damages of any kind or nature whatsoever to any building or other structure on the premises,
which may be now or hereafter placed upon the premises for library purposes, and all risks of
loss, injury, or damage of any kind or nature whatsoever to the contents of any such building or
structures, or to any goods, merchandise, chattels, or any other property now or that may
hereafter be upon the premises, whether belonging to the county or others, and whether such
loss, injury, or damage results from fire or other agency, and whether the same be caused by the
negligence of Ashland, or any of its employees or agents, or otherwise, and to save and keep
harmless Ashland from all claims and suits growing out of any such loss, injury or damage.
C. Despite the terms of sections A and B, above, County does not indemnify Ashland or
any other person or entity from any risk, loss or liability due to defective design or negligent
construction of the building. In the event of loss or litigation arising from the design or
construction of the building, there is no agreement between the parties as to indemnity or
contribution.
5. TERM OF AGREEMENT
-~.
The term of this agreement is 50 years beginning on the date first mentioned on page one.
6. APPROPRIATION FOR FUNDING
Notwithstanding any other provision of the agreement to the contrary, in the event
insufficient funds are appropriated for performing this agreement, and the County has no other
lawfully available funds, County may terminate this agreement at the end of its current fiscal
year, with no further liability or penalty to Ashland. County shall deliver written notice to
Ashland of such termination pursuant to the terms set forth in section 7.
7. TERMINATION
Page 5 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002
7.1. Mutual Consent. This contract may be terminated at any time by mutual consent of
both parties.
7.2. For Cause. County may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Ashland or at such later date as may be established
by County, under any of the following conditions:
1. If County funding from federal, state, or other sources is not obtained and
continued at minimum levels of service;
2. As provided in section 6.
7.3. For Default or Breach.
Either County or Ashland may terminate this contract in the event of a breach of
the contract by the other. Prior to such termination the party seeking termination
shall give to the other party written notice of the breach and intent to terminate.
If the party committing the breach has not entirely cured the breach within 15
days of the date of the notice, or within such other period as the party giving the
notice may authorize or require, then the contract may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
8. CONSTRUCTION/MODIFICATION
This agreement may not be amended, changed or modified in any way, except by written
agreement signed by all parties. This agreement constitutes the entire agreement between the
parties and supersedes any and all prior oral or written express and/or implied statements,
negotiations or agreements between the parties, except as otherwise noted herein. This
agreement shall become effective only upon the signatures of all parties.
Each party, by signature below of its authorized representative, hereby acknowledges that
it has read this agreement, understands it and agrees to be bound by it. Each person signing this
agreement represents and warrants she or he has the authority to execute it.
CITY OF ASHLAND BY: JACKSON COUNTY BY:
(Date) Susan E. Slack (Date)
Title: Jackson County Administrator
REVIEWED AS TO FORM: REVIEWED AS TO FORM:
City Attorney ~e~u'nty-Counsel
Page 6 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002
. v
INTERGOVERNMENTAL AGREEMENT
BETWEEN
JACKSON COUNTY AND THE CITY OF ASHLAND
THIS AGREEMENT is entered into this //~ay of ~~, by
Jackson County ("County") and the City of Ashland ("Ashland").
WHEREAS,
A. County intends to pass a bond measure in the May 2000 primary election for
capital construction and improvements of the entire county library system, including the
Ashland Branch Library. The Ashland Branch library is located on the following
described property which is further referred to in this agreement as "the premises":
All of lots 1, 2, 3 and 4 of Pracht's Addition to
the City of Ashland, Jackson County, Oregon.
B. Ashland passed a bond measure in the amount of $5.96 million in November,
1999 for capital construction and improvements to the Ashland Branch of the Jackson
County Library system ("Ashland Branch"), of which $5.85 million would be allocated to
construction costs; and
C. The parties wish to avoid unnecessary expense and duplication and to
coordinate the expenditure of public funds on the Ashland Branch such that if the
countywide measure passes, it will eliminate the need for sale of the Ashland bonds,
THEREFORE, the parties, in consideration of the mutual promises, terms and
conditions provided below, agree to the following:
1. If the bond election is held on May 16, 2000, Ashland will delay sale of the bonds
authorized in the November 1999 election until the result of the May 2000 election is
known.
2. If the countywide bond measure passes on May 16, 2000, Ashland will not sell its
previously authorized bonds and County will provide a grant to Ashland in the amount
of $5.85 million for purposes authorized in the County's bond measure. Those
purposes are capital construction and improvements associated with the expansion
and renovation of Ashland's city-owned library building, including furniture and
equipment (the "Library Project").
3. The County will provide the grant funds to Ashland by September 17, 2000, or within
30 days of the County bond sale, whichever date is sooner. The grant funds will be
provided upon the terms and conditions specified in this agreement, there being no
further requirement that the parties enter into a separate grant agreement. Ashland
covenants to use those funds in accordance with the County ballot title. Ashland may
invest the funds and keep the earnings, so long as such investment is pursuant tq~
County investment policy and County's tax certificate.
4. If the countywide library bond measure does not pass, this agreement is void in its
entirety.
5. Ashland shall construct and complete the Library Project. Ashland shall consult with
the Library Improvement Committee and the County Library Director and County
Facility Director as to design elements of the Library Project which may affect County's
costs in the operation and maintenance of the library. Ashland will adopt and utilize
their recommendations that address operation and maintenance to the extent such
recommendations are practicable, within the Library Project budget and do not
otherwise increase costs so as to exceed the amount of grant funds.
In any event, for purposes of compatibility only, County has final decision on design
and purchase of telecommunications, wiring, equipment, and all computer hardware
and software issues.
6. If the amount of the grant is exceeded for the construction and completion of the
Library Project, Ashland shall be responsible l=or any such excess costs.
6.1. If the Library Project is constructed and completed for less than the grant
amount, any remaining principal amounts shall be paid over to the County immediately
upon substantial completion. County will use these funds in its discretion for other
purposes authorized by the bond election.
6.2. The County shall be responsible for all bond issuance costs.
7. Ashland will own the real property improvements and fixtures. County will own
fumiture and equipment constructed or purchased for the Library Project. County will
manage those assets and is free to maintain, repair or replace furniture and equipment
in its sole discretion.
7.1. Upon substantial completion of the Library Project, the agreement dated
May 22, 1970. between the County and Ashland regarding the Ashland Public Eibrary
(the "1970 agreement") shall terminate and the parties shall enter into a new
intergovernmental agreement regarding their roles and responsibilities. Until such time
as the new intergovernmental agreement is consummated, the terms and conditions of
this intergovernmental agreement shall control.
7.2. County will maintain and operate a free public library for the benefit of, and
uniformly available on the same terms to all members of the public in Jackson County
and to use for these purposes the property and property interests furnished by
Ashland.
All books, furniture, furnishings and equipment previously transferred to the County
pursuant to the 1970 agreement shall remain the property of the County, and the
transferred Shakespearean Library shall remain the property of the Oregon
Shakespeare Festival Association.
7.3. County will decide on level of service and budget allocations, in its total
discretion.
7.4.1n the event the County, for any mason, should cease to operate a County-
wide library system, or a library at this location, then, and in that event:
7.4.1. All the right, title, and interest in and to all ofL~l~:~ fumiture, j~
~ ,. ,~,",'~,e~,,~ · a ,-~e-~,-~-~a..ea. ~ e~-~ d~ ..... --~ 4-6 .4~
furnishing9 and equipment previously transferred to the County under the 1970
agreement and which has not been discarded due to obsolescence, shall revert
to Ashland.
7.4.2. This agreement shall be null and void and Ashland shall have the
dght to immediate possession of the premises.
7.5. Both parties agree and promise that the Ashland Branch library and the land
it will occupy, including the existing building and land, will be used only for public library
purposes for as long as indebtedness remains outstanding on any bonds sold pursuant
to the countywide bond election for library capital improvements. Neither party shall
allow any use of the premises for any private purpose, nor take any other action which
compromises the tax-exempt status of those bonds; this promise shall be enforceable
by injunctive, declaratory or other relief, In any event, if either party breaches this
specific promise, it shall indemnify the other pady and all bondholders from any
resulting tax or financial impact.
7.6. Except as provided in this subsection, upon substantial completion of the
project, Ashland shall be under no obligation to make or perform any repairs, maintenance,
replacements, alterations, or improvements on the premises. County, at its expense, shall
keep the premises in good repair, operating condition, working order, and appearance,
including, without limitation:
7.6.1. Repairs and maintenance of the roof and gutters, exterior walls
(including painting), bearing walls, structural members, floor slabs, and foundation.
7.6,2. Repair and maintenance of exterior water, sewage, gas, and electrical
services from the point of entry to the premises.
7.6.3. Repair of the heating and air conditioning system including ordinary
maintenance.
7.6.4. Repair of intedor walls, ceilings, doors, windows, and related hardware,
light fixtures, switches, and wiring and plumbing.
Notwithstanding the above-listed obligations of County in this subsection, Ashland shall be
responsible (a) for the repairs and maintenance of any installed solar panels, (b) for the
repairs and maintenance of any other improvements mutually identified by the County and
Ashland as requiring extraordinary maintenance or repairs and which were installed to meet
Ashland's environmentally responsible building standards, and (c) to maintain in good, safe
and presentable condition that part of the premises comprising the grounds and
approaches to the library, including sidewalks, driveways, curbs and parkin9 areas located
on the premises.
8. This agreement is made upon the express condition that, except as set forth below,
Ashland shall be free from all liabilities and claims for damages and/or suits for or by
reason of any injury or injudes to any person or persons or property of any kind whatsoever,
whether the person or properly of County, its agents or employees, or third persons, from
any cause or causes whatsoever while in or upon the premises or any part thereof during
the term of this agreement or occasioned by any occupancy or use of the premises or any
activity carded on by County in connection therewith, and County hereby covenants and
agrees to indemnify and save harmless Ashland from all liabilities, charges, expenses
(including counsel fees) and costs on account of or by reason of any such injuries,
liabilities, claims, suits or losses however occurring or damages growing out of same.
EXHIBIT
nl i i i ii
............. "~=~ Ihmrv IGA cx)u 18t draft 127.wpd
County shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury or injuries to any person or persons or property of an), kind whatsoever.
whether the person or property of Ashland, its agents or employees, or third persons, from
any cause or causes whatsoever while in or upon that portion of the premises comprising
the grounds and approaches to the library, and Ashland hereby covenants and agrees to
indemnify and save harmless County from all liabilities, charges, expenses (including
counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims,
suits or losses however occurring or damages growing out of same.
9. Except as set forth below, County agrees to assume all dsks of loss, injury or damages
of any kind or nature whatsoever to any building or other structure on the premises, which
may be now or hereafter placed upon the premises, and all risks of loss, injury, or damage
of any kind or nature whatsoever to the contents of any such building or structures, or to
any goods, merchandise, chattels, or any other property now or that may hereafter be upon
the premises, whether belonging to the County or others, and whether such loss, injury, or
damage results from fire or other agency, and whether the same be caused by the
negligence of Ashland, or any of its employees or agents, or otherwise, and to save and
keep harmless Ashland from all claims and suits growing out of any such loss, injury or
damage.
10. Despite the terms of paragraphs 8 and 9, County does not indemnify Ashland or
any' other person or entity from any risk, loss or liability due to defective design or
negligent construction of the building. In the event of loss or litigation arising from the
design or construction of the building, there is no agreement between the parties as to
indemnity or contribution.
11. The term of this agreement is 50 years beginning on the date first mentioned on
page one.
CITY OF ASHLAND,
Title
JACKSO/~OUNTY
BY,~;:~-~°~ ~ Date: ~//'~/~,~
'Title ' ·
REVIEWED AS TO FORM:
City Attorney
CITY OF
dkSHLAND
Council Communication
Title: A Resolution Declaring the Canvass of the Vote of the Election Held in and for'
the City of Ashland, Oregon, on November 5, 2002, and Mayoral Proclamation
Dept: Legal Department
Date: December 3, 2002
Submitted By: Paul Nolte
Approved By: Brian Almquis~//J! -
Synopsis:
The resolution and proclamation set forth thc results of thc election on November 5, 2002, and make thc
canvass a matter of record as required by thc city charter.
Recommendation:
Council should adopt the resolution, and the mayor should make the proclamation.
Fiscal Impact:
None.
Background:
Article VII, Section 6, of the City Charter requires that the canvass of votes for all city elections be
made, and the results of the election "shall be entered in the record of the proceedings of the council."
The resolution sets forth the vote for each position, and the proclamation sets forth the name of each
person elected to office, all as required by this charter section.
(G:\legalXsharlene\COUNCIL\Communications\canvass of the vote cc 1202.wpd)
RESOLUTION NO. 2002-
A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE
ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON
NOVEMBER 5, 2002.
RECITALS:
A. The City Council of the City of Ashland met on the 3rd day of December, 2002, at
the City of Ashland's Civic Center and proceeded to canvass the vote cast at the
election held in and for the City of Ashland on the 5th day of November 2002.
B. The Council has canvassed the vote and has determined the number of votes for
the positions as follows'
COUNCIL MEMBER- POSITION NO. 2
Eric Navickas 2,254
Andrew Bangsberg 884
Brent Thompson 2,388
Alex Amarotico 2,474
W rite-I n s 3_~6
COUNCIL MEMBER- POSITION NO. 4
Kate Jackson 5,802
Cameron Hanson 2,116
Write-Ins 36
COUNCIL MEMBER- POSITION NO. 6
Corky Gardner 1,119
Chris Hearn 6,448
W rite-I ns 4_.~3
PARK COMMISSIONER- POSITION NO. 3
Rich Rosenthal 3,263
Michael Dawkins 3,126
Write-Ins 60
PARK COMMISSIONER- POSITION NO. 4
Diane Amarotico 4,912
J. Ellen G. Austin 1,691
Write-Ins 50
PAGE 1 - RESOLUTION DECLARING THE CANVASS OF THE VOTE G:~legal~sharlene\COUNCIL\ELEC 1102 RES.wpd
PARK COMMISSIONER- POSITION NO. 5
Michael Gardiner 4,617
Write-Ins 63
ASHLAND CITY MUNICIPAL JUDGE
Allen Drescher 4,059
Michael Balocca 1,053
David Schieber 1,326
Jud Holtey 1,902
Write-Ins 22
ASHLAND CITY RECORDER/TREASURER
Barbara Christensen 5,838
Write-Ins 50
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Alex Amarotico is declared to be the duly elected council member for
Position No. 2.
SECTION 2. Kate Jackson is declared to be the duly elected council member for
Position No. 4.
SECTION 3. Chris Hearn is declared to be the duly elected council member for
Position No. 6.
SECTION 4. Rich Rosenthal is declared to be the duly elected park commissioner for
Position No. 3.
SECTION 5. Diane Amarotico is declared to be the duly elected park commissioner for
Position No. 4.
SECTION 6. Michael Gardiner is declared to be the duly elected park commissioner for
Position No. 5.
SECTION 7. Allen Drescher is declared to be the duly elected municipal judge for the
City of Ashland.
SECTION 8. Barbara Christensen is declared to be the duly elected recorder/treasurer
for the City of Ashland.
SECTION 9. This resolution takes effect upon' signing by the mayor.
PAGE 2 - RESOLUTION DECLARING THE CANVASS OF THE VOTE GNegal~shadene\COUNCIL~LEC 1t02 RES.wpd
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of December, 2002.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ,2002.
Alan W. DeBoer, Mayor
R~wed ~
Pau/I N~o re, City Attorney
PAGE 3 - RESOLUTION DECLARING THE CANVASS OF THE VOTE (~;~legal~shadene\COUNClL~LEC 1102 RES.wpd
PR 0 CLAMA TION
I, Alan W. DeBoer, Mayor of'the City of Ashland,:Omgon, do proclaim that at the
election held in the City of Ashland, Oregon, 0n:::the5~ day~'o~:~:::N.ovember, 2002, there
was submitted to the voters thequestion of~theelecti~ons of person~::::i~to various elective
offices in the City, and it.~is hereby declared s,:wem, elected to
the positionslii~eF:forth next to their names: :.~.. :...:~:!ii!!i~ i!!!:??'.~ ~::..:~.:,:~!i::~:.~. ·
CoUnCil Member, Position #2 .....
C0U'nCil,?Member, Position #4 ....... ::~:::::.::.:~:.,:::::..~.::,~:i!ii~iiiiiii~i ~:i ,
C0~:n~il.~i!Membe:r:, Pos'ition#6 . .... :,~ .:~ i:, il 'i ii!ii:~i~i~ar~
Park~:':~m:missiOner, position :~3 ............. ~i~¢h'RO'~enthal
Parki,~:~ommissiOner, PoSition ~:.~:::,: ..... ~: i;?ii!Diane:~iAmaroti:co
Park Gem.missioner, Position #5:. ........ MiChaei. Ga~diner
"M u n ici pa I:.:J u dg.e ....................... :~ ..... ":: ?:iAIl,en,'~i.i~D:r e s ch e r
GityRecord erfT~easu ret .........
Dated at Ashland, Oregon, thiS day of' Dec:ember , 2002.
Alan W. DeBoer, Mayor
Long Format Report - Jurisdiction Wide
ENERAL ELECTION 11/05/2002 All Total Groups
[/15/2002 4:18:11PM Page: 5 of 15 Jackson County, Oregon
ace Candidate Votes Percent
SHLAND CITY COUNCIL MEMBER POS 2
ERiC NAVICKAS 2,254 24.45 %
ANDREW BANGSBERG 884 9.59 %
BRENT THOMPSON 2,388 25.90 %
ALEX AMAROTICO 2,474 26.84 %
Write-Ins 36 0.39 %
Total 8,036
Under-Votes 1,149 12.46 %
Over-Votes 34 0.37 %
Total Votes Cast 9,219
SHLAND CITY COUNCIL MEMBER POS 4
KATE JACKSON 5,802 62.94 %
CAMERON HANSON 2,116 22.95 %
Write-Ins 36 0.39 %
Total 7,954
Under-Votes 1,258 13.65 %
Over-Votes 7 0.08 %
Total Votes Cast 9,219
SHLAND CITY COUNCIL MEMBER POS 6
CORKY GARDNER 1,119 12.14 %
CHRIS HEARN 6,448 69.94 %
Write-Ins 43 0.47 %
Total 7,610
Under-Votes 1,605 17.41%
Over-Votes 4 0.04 %
Total Votes Cast 9,219
·
SHLAND CITY PARK COMMISSIONER NO. 3
RICH ROSENTHAL 3,263 35.39 %
MICHAEL DAWKINS 3,126 33.91%
Write-Ins 60 0.65 %
Total 6,449
Under-Votes 2,764 29.98 %
Over-Votes 6 0.07 %
Total Votes Cast 9,219
SHI~D -C~'Y P~ ........................................ COM1VIISSIONER NO. 4
DIANE AMAROTICO 4,912 53.28 %
J. ELLEN G. AUgTIN 1,601 l g.34 %
Write-Ins 50 0.54 %
Total 6,653
Under-Votes 2,561 27.78 %
Over-Votes 5 0.05 %
Total Votes Cast 9,219
I certify the votes recorded on this abstract correctly summarize the tally of votes cast at
the election indicated.
K~y ~j~ckett, Jackson County Clerk date
Long Format Report - Jurisdiction Wide
ENERAL ELECTION 11/05/2002 All Total Groups
1/15/2002 4:IS:I1PM Page: 6 of 15 ~ Jackson County, Oregon
a. ce Candidate Votes Percent
$HLAND CITY PARK COMMISSIONER NO. 5
MICHAEL GARDINER 4,617 50.08 %
Write-Ins 63 0.68 %
Total 4,680
Under-Votes 4,538 49.22 %
Over-Votes 1 0.01%
Total Votes Cast 9,219
.$H~' CiTY MUNICIPAL ~GE
ALLEN DRESCHER 4,059 44.03 %
MICHAEL BALOCCA 1,053 11'.42 %
DAVID SCHIEBER 1,326 14.38 %
JUD [-IOLTEY 1,902 20.63 %
Write-Ins 22 0.24 %
Total 8,362
Under-Votes 844 9.16 %
Over-Votes 13 0.14 %
Total Votes Cast 9,219
SHLAND CITY RECORDER/TREASURER
BARBARA CHRISTENSEN 5,838 63.33 %
Write-Ins 50 0.54 %
Total 5,888
Under-Votes 3,330 36.12 %
Over-Votes I 0.01%
Total Votes Cast 9,219
tITTE
No Declared Candidates 0 0.00 %
~~ Write-Ins 49 44.55 %
Total 49
61 55.45 %
Over-Votes ~ 0 0.00 %
Total Votes Cast 110
LrrT-~'~ALLS Town COUNciLPOS 4
No Declared Candidates 0 0.00 %
Write-Ins ~ 25 2'~ 73 %
Total ~7
Under-Votes %
Over-Votes 0 0.00-'~o
Total Votes Cast 110
;>
.<
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,mm
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,~ 0 t"-- t,~ 0 ~ ,'-- '~'
~= <
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CITY OF
SHLAND
Council Communication
Title: An Ordinance Repealing Chapter 18.114 of the Ashland Municipal Code Relating to
Regulatory Taking Claims (Ballot Measure 7-2000 Amendment to Article I, Section 18,
Oregon Constitution)
Dept: Legal Department
Date: December 3, 2002
Submitted By: Paul Nolte ~
Approved By: Brian Almquist/ff'-~
Synopsis:
This ordinance repeals the code chapter that established the process for takings claims filed under the
Ballot Measure 7-2000 amendment to Article I, Section 18, of the Oregon Constitution. Ballot Measure
7-2000 required the city to compensate landowners if the city enacted, enforced, or applied a regulation
that lowered the value of an owner's property by restricting its use.
Recommendations:
Move to adopt first reading of the ordinance.
Fiscal Impact:
None
Background:
On October 4, 2002, the Oregon Supreme Court unanimously upheld the Marion County Circuit Court's
decision that Ballot Measure 7-2000 was unconstitutional and therefore invalid in its entirety. The
Supreme Court's decision invalidated the constitutional amendment on the basis that it made two or
more amendments to the Oregon Constitution that were not closely related and that voters should have
voted upon separately. Since chapter 18.114 addresses only those claims that could have been filed under
the invalidated measure, there is no reason to retain the chapter in the code.
1- G:\legal\PAUL~ALO\M\Measure 7 2000\ord repealcc.wpd
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 18,114 OF THE
ASHLAND MUNICIPAL CODE RELATING TO
REGULATORY TAKING CLAIMS (Ballot Measure '/-2000
Amendment to Article I, Section 18, Oregon
Constitution)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.114 of the Ashland Municipal Code is repealed.
The foregoing ordinance was first READ on the day of ,2002, and
duly PASSED and ADOPTED this day of ,2002.
Barbara Christensen, City Recorder
SIGNED and APPROVED this__ day of ., 2002.
Alan W. DeBoer, Mayor
R~.~/~ .wed as t,o. form:
Paul Nolte, City Attorney
1- Ordinance G:\legal\PAUL~,LO\M\Measure 7 2000\ord repeal.wpd
Note: The chapter being repealed is set forth below for the reader's convenience:
CHAPTER 18.114
REGULATORY TAKING CLAIMS (Ballot Measure 7-2000 Amendment to
Article I, Section 18, Oregon Constitution)
SECTIONs:
18.114.010. Purpose.
18.114.020. Definitions.
18.114.030. Notice of Claim.
18.114.040. Completeness Review of Notice of Claim.
18.114.050. Procedure to Evaluate Claim.
SECTION 18.114.010. Purpose.
The purpose of this chapter is to:
A. Create a process for the evaluation of claims for regulatory takings filed under the 2000
Amendment to Article I, Section 18, of the Oregon Constitution adopted by the voters in November 2000.
B. Enable persons with claims an adequate and fair opportunity to present and resolve them in a
timely, efficient, thorough and consistent manner.
(Ord 2863, Added, 12/05/2000)
SECTION 18.114.020. Definitions.
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the
meaning given in this section. When not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular number and words in the singular
number include the plural number. Words not defined in this chapter shall be given the meaning intended
in Article 18, Section 1 of the Oregon Constitution, or as those words may be subsequently defined by
statute. If not defined there, the words shall be given their common and ordinary meaning.
A. Affected property means the private real property claimed to be reduced in value because of a
regulation and includes contiguous units of property under the same ownership and any structure built or
sited on the property, aggregate and other removable minerals, and any forest product or other crop
grown on the property.
B. Exempt regulation means
1. A regulation which imposes a restriction required under federal law, to the minimum extent
required by federal law; or
2. A regulation prohibiting the use of a property for the purpose of selling pornography, performing
nude dancing, selling alcoholic beverages or other controlled substances, or operating a casino or gaming
parlor, or
3. A regulation governing historically and commonly recognized nuisance laws, including those
nuisances described in Title 9 of the Ashland Municipal Code, as amended from time to time, and the
criminal laws of the State of Oregon and the City of Ashland.
C. Property owner means the owner of title to affected property or the contract purchaser of such
property, where the contract is of record.
D. Reduced in value means the difference in the fair market value of the property before and after
application of the regulation including the net cost to the landowner of an affirmative obligation to protect,
provide, or preserve wildlife habitat, natural areas, wetlands, ecosystems, scenery, open space, historical,
archaeological or cultural resources, or Iow income housing.
E. Regulation means a duly adopted city ordinance as codified in the Ashland Municipal Code, a
restriction on the use of property imposed under Title 18 of the Ashland Municipal Code, or any law, rule,
AMC Chapter 18.114 G:~legal\PAULV~LO\M\Measure 7 2000\ord repeal.wpd
ordinance, resolution, goal, or other enforceable enactment of the City of Ashland.
(Ord 2063, Added, 12/05/2000)
SECTION 18.114.030. Notice of Claim.
A. No claim arising from the 2000 Amendment to Article I, Section 18 (Measure 7) shall be
considered a claim unless notice of claim is filed as required by this section.
B. Notice of claim must be a written communication from a claimant filed with the city administrator
and must include:
1. Name, address and telephone number of person filing claim.
2. Names and addresses of all property owners and all persons who hold a security interest in the
affected property.
3. Legal description and street address of affected property including contiguous units of property
under the same ownership.
4. Preliminary title report, dated not more than 30 days from the date the claim is filed, from a title
insurance company licensed in Oregon.
5. Description of, and citation to, regulation adopted, applied or enforced on the affected property
causing a reduction in value.
a. Date regulation was adopted, applied or enforced on the affected property.
b. Date property owner or owners obtained title to property or became contract purchasers of record.
6. Description of the use that has been restricted by the regulation described in subsection B.5 of
this section.
7. Amount the affected property has been reduced in value because of the restriction.
8. Statements explaining why the regulation is not an exempt regulation.
9. A written appraisal by an appraiser certified or licensed under ORS Ch. 674 that provides an
opinion of the difference in the fair market value of the affected property before and after application of the
regulation.
10 Any exempt regulations, known to the claimant, that may apply to the affected property, whether
or not those exempt regulations affect the fair market value.
11. A statement explaining how the regulation restricts the use of the affected property and why the
regulation has the effect of reducing the value of the property upon which the restriction is imposed.
12. A statement of the effect a release of the regulation on the property would have on the potential
development of the property, stating the greatest degree of development that would be permitted if the
identified regulation were released from the property.
13. A statement of the relief sought by the claimant.
C. A notice of claim must be accompanied by a fee to be paid in advance of acceptance for filing to
cover the costs of completeness review and application processing. This fee shall be established by
resolution of the council. The application fee shall be refunded if the city or an appellate body determines
that just compensation should be paid.
(Oral Z863, Added, 1Z/OS/ZOO0)
SECTION 18.114.040. Completeness Review of Notice of Claim.
A notice of claim shall not be considered a claim until determined to be complete by the city administrator.
If the notice of claim is not complete, the city administrator shall inform the claimant in writing of the
additional information necessary to make the notice of claim complete. The notice of claim shall be
deemed complete at such time as the additional information is submitted and determined complete.
(Ord 2863, Added, 12/05/2000)
SECTION 18.114.050. Procedure to Evaluate Claim.
Claims shall be processed as follows:
A. Upon filing of a complete notice of claim, the city administrator shall make a recommendation to
the city council as to disposition of the claim and schedule the matter for consideration by the council.
AMC Chapter 18.114 G:~legal\PAULW, LO\M\Measure 7 2000\ord repeal.wpd
B. Notice of the time and date the council will consider the claim shall be mailed to the claimant (and
all owners of record of property on the most recent property tax assessment roll where such property is
located within 200 feet of the affected property) ten days prior to this date.
(Ord 2863, Added, 12/05/2000)
AMC Chapter 18.114 G:\legal\PAUL~LO\M\Measure 7 2000\ord repeal.wpd