The URL can be used to link to this page

Home My WebLink About2004-0106 Council Mtg PacketCouncil Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER CiTY OF ASHLAND Important: Any citizen, attending: .cpuncil meetings may speak on.any item on'the agenda, unless it is the Subject of a pub'.!ic hearing Which has.been closed. The Public.Forum is the time to speak on anysubject not onthe printed '.age:n'da. if YOu.wish to'Speak, Pleasefill out the: Speaker Request form Iocatednear the'entrancetO:.the CounCil Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time' granted will be.dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 6, 2004 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street II. III. IV. V. VI. VII. VIII. IX. PLEDGE OF ALLEGIANCE: ROLL CALL: MAYOR'S ANNUAL ADDRESS: "The State of the City." APPROVAL OF MINUTES: Regular Council Meeting Minutes of December 16, 2003. SPECIAL PRESENTATIONS & AWARDS: 1. Distinguished Budget Presentation Award. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject cfa Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) 1. Public Input for 2004/2005 Council Goals and Priorities. 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.) UNFINISHED BUSINESS: 1. Public Input Particulate Matter (PM10) in the Medford-Ashland Air Quality Maintenance Area (AQMA). NEW AND MISCELLANEOUS BUSINESS: 1. Election of Citizens Budget Committee members (2). 2. Council Election of Chair to City Council. 3. Mayor's appointments of council liaisons to various boards and commissions. 4. Update on sale of Strawberry Lane Property. 5. Amendments to Communication Services Subscription Agreement with Medford Police Department. COUNCIL MEETINGS ARE BROADCAST LWE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.[JS Xl. XlI. O. EJ;)l~b~a~lC~, RESOLUTIONS AND CONTRACTS: I ~..~~ing by title only of "An Ordinance Amending Various Provisions of the v ~d~ll~E~t~F~od and Beverage Tax in Ashland Municipal Code Chapter 4.34." 2( Se~__~j3~ding by title only of "An Ordinance Withdrawing an Annexed Area from "-Jackson County Fire Distdct No. 5 (Russ Dale Annexation, 250 Clay Street). 3. First reading by title only of"An Ordinance Amending Section 10.30.020 of the ~ipal Code to Simplify the Annual Consideration of Outdoor Buming Regulations by the City Cou~.il-:~--." ~ 4. Reading by title only of~tion__...~aring the city a hybrid entity under HIPAA." 5. Reading by title only o~lution~i_i_i_i_i_i_i_~ng a Yes Vote on Measure 30." (proposed by Mayor DeBoer) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL XIII. LIAISONS: ADJOURNMENT: II In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (54 t) 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). COUNCIl.. MEETINGS ARE BROADCAST LIVE ON CttANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHI. AND.OR.[JS Ashland State of the City Address January 2004 This will be the fourth opportunity that I will have to report on the City of Ashland during 2003 and comment on the future. This year has started on a chilly note, snow, rain and wintry conditions in town and for those trying to leave via the Siskiyous or northbound over mountainous areas. I would urge you all to slow down, and arrive safely. I would like to take this time to thank the citizens of Ashland for the experience and education that being your Mayor has provided for me. Over two hundred citizens volunteer for the various City commissions, committees and boards. There are currently 16 active boards and commissions and these hardworking volunteers spend many hours advising the Council and staff on policies and operations of the city. There are also numerous ad hoc committees that form from time to time and we are grateful to all the commissioners who selflessly volunteer their time. Their dedication and commitment is extraordinary. CERT (the Certified Emergency Response Team) now has almost 200 graduates and the program is expanding. It will provide support if an emergency befalls our area. This use of volunteers who have attended training and graduated will be of immeasurable benefit to the citizens and will be a group we would prefer to never use! CERT classes are held regularly and orientation for upcoming sessions will be held January 7th. If anyone is interested in becoming a CERT member they should contact the Fire Department for information. The year 2003 provided us with a new City Administrator and leader, Gino Grimaldi. Gino came to us after 14 years as Assistant City Manager with the City of Springfield, and has in essence returned to Southern Oregon after working many years ago for Jackson County. Paul Nolte, our City Attorney, is retiring after 12 years of service to the City of Ashland. We will miss him after he completes the first half of this year and wish him well with his future endeavors. A second attorney, Mike Franell, has recently joined the legal department. We also welcome Mike Bianca to the job of Chief of Police, one of our own officers who came up through the ranks to lead our Police Department. One year ago we were recognizing Mike for graduation from an FBI academy on the east coast. Ken Mickelsen resigned from the Parks Department after almost 30 years and moved to accept a position in Washington. Don Robertson is the newly appointed Director of the Parks & Recreation Department and we would also like to take the time to welcome him and his family to Ashland. I would like to thank all the Department Heads for their service to our city. Our Citizens employ almost 200 people; they keep your water flowing, lights working, the streets clean and safe and keep the City in great working order. Please take the time to thank them, not only for their work, but for the caring attitude that each and everyone has to be part of a great City. The completion of the Fire Station marks a major improvement in the City infrastructure and completes the last construction under previous voter approved bonds. The facility is a change for the better, and provides amenities more in keeping with the demands placed upon our Fire Department. The remodel of our historic Carnegie Library was marked by the return of the Ginko tree in the form of a wonderful work of art in the form of a butterfly and book. thank Tom Hopkins for his creativity and design. The library is a busy and vibrant place and teems with people on a day-to-day business. After a year of construction, Siskiyou is all but completed, with new pavement expected in the Spring. Additions of lights, signals and redesigned medians are a credit to both Public Works and the committee that spent hours on the final design. This project, including the Ashland Street section is a $5 million dollar project - 55% funded by ODOT funds. The project will significantly improve safety for pedestrians, bicyclists and vehicle users, as well as improve the storm drain system, undergrounding the electrical wires for the street lights and visually improving our main artery and entries into our City. The delay in final asphalt will allow a winter on the old and fresh pavement in the Spring. The final construction bill has been paid on the waste water treatment plant upgrade, ending five years of extensive reconstruction on the waste water plant. The final price tag was $30 million - resulting in a project that is the pride of Oregon and providing clean water into Bear Creek and setting the standard for water quality. With the completion of the Hosler Dam warning system you may have recently been hearing the test warning sirens. These sirens are located at the Bowmer Theater, at the Upper end of Granite Street in Lithia Park, the Dog Park near the waste water treatment plant, and Mike's Muffler. A safety analysis has been completed on the dam and the dam has proved to be structurally sound. Our challenges for the next year will be to provide AFN (Ashland Fiber Network) with solutions for long-term viability. This is a resource that is saving the residents of Southern Oregon millions of dollars by providing competition not enjoyed in other parts of the State. The active construction phase of AFN has been completed and the City has instituted new electric conduit construction procedures and standards for new residential developments in Ashland. The potential loss of students in our public schools will force us to look at family- friendly housing options and the cost of living in our City. The challenges in this country and the world in general should make us thankful that our major problems may be a complaint of a five-minute traffic delay. The Youth Activities Levy again passed muster with the citizens of Ashland and will provide numerous youth activities conducted at the elementary, middle and high school levels. Activities such as the Fresh Start Program, drama club, band, orchestra, athletics, brain bowl and so much more would not be possible without the passing of the Youth Activities Levy. We are privileged to live in a community with so many committed people supporting and cherishing our youth. Our thoughts are with the soldier overseas, their families and turmoil around the planet. I ask us to be thankful for what we have, do what we can for others and the areas around us. Be tolerant with others, pick up around you, park your car when you can to ride our free bus, and recycle all you can .... Thank you, ! wish each and every one of you a happy New Year! MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 16, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Laws, Amarotico, Hartzeli, Jackson, Morrison and Heam were present. APPROVAL OF MINUTES The minutes of the Regular Council Meeting of December 2, 2003 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor's Proclamation of January 10, 2004 as "Christmas Tree Recycle Day in Ashland" was read aloud by Councilor Hartzell. Paula Brown, Lynn Parlette, Dale Peters, and Kevin Flynn made a presentation to City Administrator Gino Grimaldi, acknowledging him for his patriotic support and allowing employees to participate in the Naval Reserve and National Guard. Recognition was also given to Rick Walsh. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointment of Jim Green to the Traffic Safety Commission for term to expire April 30, 2005. 3. Termination of a Road Easement in Strawberry Meadows Subdivision. 4. Request from the Rogue Basin Water Users Council, Inc. for Funding to Preserve Irrigation Rights to Water. Councilor Morrison requested that item #4 be pulled for discussion. Councilor Hartzell/Jackson m/s to approve Consent Agenda items #1, #2 and #3. Voice Vote: All AYES. Motion Passed. Councilor Morrison wanted to know ifRBWUCI had made any modified requests. 'City Administrator Gino Grimaldi stated he had spoken with Mr. Holtey and discussed his rational for recommending a deny to the request. RBWUCI is still requesting $15,000, however any contribution the City seemed fair, would be appreciated, such as a pro-rated figure based on the City's usage. Councilor HartzelFMorrison m/s to approve Staff's recommendation for Consent Agenda item #4. Voice Vote: All AYES. Motion Passed. PUBLIC HEARINGS 1. Public Hearing and Adoption of the Action Plan for the One Year Use of Community Development Block Grant Funds for Program Year 2004. Assistant Planner Brandon Goldman stated he was before the council to present an Action Plan that delineates which projects the City will undertake with the use of the CDBG funds for 2004. The proposed allocation and projects are: · $362,000 to RVCDC for the creation of 8-10 affordable housing units ASHLA ND CITY COUNCIL MEETING DECEMBER 16. 20(t3 IM(.iE I (i)t:'9 L I · $13,800 to RVCDC for public facility improvements within the Siskiyou and Faith Street right of way · $285,000 to ACLT for the acquisition and rehabilitation of a duplex located at 264 Grant Street · $16,841 to the City of Ashland for accessibility improvements to the Pioneer Hall restrooms · and CDBG Administration would exhaust the remainder of the funds ($51,200) Goldman stated that each year the City goes through an RFP process to allocate the funds, and then puts forth and action plan as to how those funds are distributed. Councilor Hartzell asked about the possibility of advancing the proceeds from the Strawberry Lane property to the CDBG fund. Goldman stated that he and HUD were aware of this possibility, but because no formal action has taken place yet, it is not included in this Action Plan. He added that they would be able to modify the Action Plan later in the year if necessary. Councilor Hartzell requested that a copy of this Plan be provided to the Budget Committee. Public Hearing Open: 7:19 p.m. Public Hearing Closed: 7:19 p.m. Goldman clarified that 60 days prior to the conclusion of each program year; the City produces a Consolidated Annual Performance Evaluation Report for HUD, which lists the goals and the actions taken. In addition, the report lists all of the actions the City has taken to meet the goal, not just those that utilize the CDBG funds. Goldman stated Goal 12 addresses economic activities. He also explained the City has adopted a living wage, which addresses poverty. Goldman noted if there are any other measures the Council feels should be included, he can add them to the Plan. He further explained that the Home Ownership Program, is a loan program available through Access, Inc., which assists qualified first time homebuyers and renters. Goldman noted this program would be advertised in the upcoming January City Source. Comment was made that'housing is mixed and not just affordable housing. Goldman explained that an accessory residential unit couldn't be greater than 50% of the primary house. All are under 1000 sq. ft., and many are as small as 500 sq. ft. As a result, the rent for these units is much less than the market rate of a full size house. Inquiry regarding public comment was made and Goldman stated that it in the 5 years he has worked for the City, they have not received public comment during the Action Plan public hearings. He did note that comments were received during the RFP process, but many citizens have the incorrect impression that the process is completed at this stage, and therefore do not come forward. Councilor Hartzell/Jackson m/s to approve adoption of Action Plan for the One Year Use of Community Development Block Grant Funds for Program Year 2004. Voice Vote: All AYES. Motion Passed. 2. Public Hearing and first reading by title only of "An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No. 5 (Russ Dale Annexation, 250 Clay Street)." City Attorney Paul Nolte explained this is a three-phase process. The land use phase was approved by the Council in February 2003. The second phase is thc actual annexation by resolution of the Council, and the third phase involves the withdrawal of the area including a public hearing and adoption of the ordinance. Nolte stated that the property owners have consented to the annexation, and there is no one residing on the ,'ISttL,4 ND CITY ( 'OUNC/L MEE'I'hVO' DECEMBER 16, 2()03 P,tG£ 2 0t:'9 property. Public Hearing Open: 7:28 p.m. Public Hearing Closed: 7:28 p.m. Councilor Morrison/Hearn m/s to approve first reading of the Ordinance and move to second reading. Roll Call Vote: Amarotico, Hearn, Laws, Morrison, Hartzell and Jackson, YES. Motion Passed. PUBLIC FORUM (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Request for Waiver or Reduction in SDC's and Building Permit Fees for new Car Wash Building at 2371 Ashland Street. Ken Khosroabadi. Community Development Director John McLaughlin explained that he and City Administrator Gino Grimaldi had met with the property owners, and explained the rational for the fees. Mr. Khosroabadi had stated that he was not going to attend tonights meeting, and although he was still concerned with the costs, he was not going to protest the fees. Councilor Laws/Hartzeli m/s to deny request. Voice Vote: Ali AYES. Motion Passed. 2. Status Report on The Grove. Management Analysist Ann Seltzer reported that Community Works notified the City earlier this fall that they could no longer continue to provide services for under served youth at The Grove. Since then, Staff has been contemplating different types of uses for the building. Seltzer stated that the community has voiced strong support that this location continue to be used for under served youth. Seltzer explained that staff is recommending that an Ad Hoc Committee be appointed to identify the needs of the community, and bring options and a recommendation back to the Council in January. In addition, Staff is recommending that the City look into buying out the 25% HUD investment to remove the HUD requirement, and therefore allowing greater flexibility of programs and services that could be offered. Seltzer explained there are two main funding mechanisms that could be utilized to buy out HUD investment: 1) Use a portion of the proceeds from the sale of the Strawberry Lane Property. 2) Borrow the funds from a non-restricted fund for a capital loan. (However, law requires that an interfund loan be re-paid within 5 years.) Mayor DeBoer stated he would like to get the facility open as soon as possible. City Administrator Gino Grimaldi stated the quickest way would be to buy out the HUD investment. Councilor Heam questioned which should come first: the formation of a committee or the buy out of the HUD investment. It was clarified that the Mayor has the authority to appoint the committee. Councilor Hartzell stated she has not heard of a coherent proposal for how the building could be used that would meet the need for which it was originally established within the HU .requirements. She suggested actingon the two recommendations separately. {-~ t~l.t~ ~I)1) ~lr~ Councilor Laws stated he would prefer to use the funds from the Strawberry Lane property, rather than to borrow from other funds. Laws also mentioned the high cost of maintaining and providing utilities to the building, and questioned who would be paying for these after the buy out. ASHL,4ND CITY COUNCYL MEE?TNG DE('EMBER 16. 2003 PAGE 3 OF 9 L ! City Attorney Paul Nolte explained for the council, that if the HUD grant that was given to the City is not being used for it's intended purpose, than the grant funds have to be paid back. Nolte also explained that it is not the original $250,000 amount that is to be paid back, but that the cost is determined on the value of the building at the time it is removed from the program. Goldman further clarified that the buy out amount will be 25% of the buildings current value. If the property has gone down in value, than the HUD allocation would be less than the original $250,000 investment. However if the property value has gone up, the cost will be more than $250,000. Councilor Jackson stated the City should start the process of assessing the value of the property, and determine what the actual cost will be, as well as establish a committee that will study how to make use of the building for youth services. Councilor Hartzell noted that if the City obtains full ownership of the building, they will not have to pay the $3000 rent listed, just the utilities and maintenance. Seltzer explained for council that she had been in contact with the Jackson County Assessor's Office, who has informed her of a couple of different approaches, including a comparison assessment based on facilities that offer similar services. ~t~-,e~ ~ 0J~L.~ l~o~M~ Councilor Hartzell suggested possibly relocating the Senior Center to the The Grove, which falls under the HUD regulations, and using the current Senior Center for youth programs. Gino Grimaldi explained moving the seniors could create concerns within the neighborhood, and would involve additional staff and costs. 'T Councilor HartzellfMorrison m/s for Staff to proceed with Option #1,/~ptio~#2, and Funding Mechanism Option 1. DISCUSSION: Jackson stated she would prefer to not max~'~'[decision on the funding mechanism until Staffknows how much money is involved for the buy out. Morrison stated he would like to ear mark the Strawberry Lane line of funding right now, knowing that they will have to borrow the money in some fashion. Voice Vote: All AYES. Motion Passed. 3. Acceptance of Audit Committee Report dated November 17, 2003 and the June 30, 2003 Comprehensive Annual Financial Report. Finance Director Lee Tuneberg presented the report from the Audit Committee. Tuneberg stated each year they are required to be audited and prepare an annual report. The auditors found that this report fairly reports the condition of the city, is relatively easy to read, and contains no material changes or errors. Tuneberg noted improvements and additions that had been made to the format of this year's report. Tuneberg explained the auditors found two reportable conditions: 1) an insufficient segregation of duties in the Courts Division, and 2) drawbacks within the utility billing software. Councilor Laws spoke on the Audit Committee's mention of the ambulance service; stating he had not heard any criticism of the service, and was concerned about raising doubts with nothing to base them on. Tuneberg stated the question was regarding establishing appropriate rates, and ensuring billing practices are where they should be. Tuneberg explained that as part of the conversion to GASBS 34, in regards to Ski Ashland Funds, that they changed their presentation and removed inappropriate information, and this was the basis of the discussion. Councilor Morrison/Jackson m/s to accept Audit Committee Report. Voice Vote: All AYES. Motion Passed. ASttLAND CI'I"Y CO(,WCIL MEE77NG DE('E34BER 16. 2003 ?AG£ 4 OF 9 4. Approval for the Oregon Department of Transportation's Intent to Designate a portion of Main Street and Lithia Way as a Special Transportation Area. Public Works Director Paula Brown explained that the Oregon Department of Transportation had approached Ashland with the opportunity to designate a segment of road from Lithia Way at E. Main, and Main Street from Siskiyou north to Maple Street as a Special Transportation Area. Brown explained this would benefit the City by allowing them to do improvements that would not normally be allowed on a state highway system, and could also provide additional funding. Brown stated that she could not find a downside to this opportunity. Councilor Morrison stated Wimer Street is an area to look at as well; noting it is one of the more dangerous intersections. Councilor Laws/Amarotico m/s to approve the designation of Main Street and Lithia Way as a Special Transportation Area. Voice Vote: All AYES. Motion Passed. ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Amending Various Provisions of the Ashland Food and Beverage Tax in Ashland Municipal Code Chapter 4.34." Assistant City Attorney Mike Franell explained that due to a recent review of the provisions of the Food and Beverage Tax, Staff is proposing the following amendments to make collection of the tax more efficient: 1) allow period specific payments of the tax retroactive to January 1, 2003 2) provide that all penalties collected will be received in the Central Services Fund for the purpose of funding collection and enforcement of the tax 3) change the refund claim filing period from three years to one year Franell stated they could be looking at $8,000-$10,000 to be collected from the penalties and deposited into the Central Services Fund. Ron Roth/6950 Old Hwy 99/Roth noted that he is a delinquent operator, and stated he is generally in favor of the ordinance, with the exception on adding a hardship clause. Roth explained there needs to be some discretion within the ordinance. Roth stated this is a step in the right direction, but would like to see City Staff look a little deeper into other parts of the ordinance. Roth read aloud the ordinance, which states that the Food and Beverage Taxes will be used for sewage treatment. Roth continued to explain that the taxes paid to the WWTP have been transferred to the Ashland Fiber Network through interfund loans, and feels this is a serious issue the City needs to address. Roth volunteered to be apart of an Ad Hoc Committee to analyze the ordinance, and craft something that is "Ashland like". City Attorney Paul Nolte stated that the collected funds will be used for the sewer plant, and that interfund loans are permitted and are paid back on an annual bases with interest. Finance Director Lee Tuneberg explained the City has spent over 33 million dollars on the wastewater plant, and noted that 13 million was directly from the Food and Beverage Tax collected. Councilor Morrison asked about Section 4, which is being repealed, and asked if the elimination could put the City in jeopardy. Franell stated the allocation of the funds is set forth in Section 4.34.20, and therefore they can eliminate Section 4.34.150. Tuneberg stated that changing the penalty from 10% to 5% would do nothing to the methodology. He explained this would lessen the funds coming into the City, which would be used to fund the work that is done to collect. Tuneberg also questioned if minimizing the penalty would make it easier for those to not pay the /tSttL,'~ ND CIT'Y C()UNCIL MEETING DECEMBER 16. 2003 0t"9 Nolte explained to the council that the City can only recoup court fees, which is minimal compared to what was expended. Councilor Morrison stated it was an excellent idea to use a portion of the funds for educational purposes. Councilor Amarotico stated he was concerned with the interest and where the money for the penalties goes. Franell explained Section 4.34.60a and 4.34.60b explains the penalty provisions, and that the interest is separate. Councilor Amarotico explained how the ordinance appears to state the interest will be deposited into the Central Service Fund, and not go towards the wastewater treatment plant. Nolte stated that interest is not part of the penalty provisions, and that Staff can make the wording clearer if the Council desires. Franell explained they could revise this section to read "all sums collected pursuant to paragraphs A, B, and C of this subsection." Councilor Hartzell/Jackson m/s to approve first reading of the ordinance with the noted modification to Section 4.34.060, and move to second reading. Roll Call Vote: Laws, Jackson, Hartzell, Morrison, Hearn and Amarotico, YES. Motion Passed. 2. Reading by title only of "A Resolution adopting Health and Dependent Care Components of the City's Personal Choice Flexible Spending Account Program and Authorization for City Administrator to sign Personal Choice Agreement." Human Resources Manager Tina Gray explained that this is a "win-win" for the City and its' employees. Gray stated the program has already paid for itself, and the City is now able to expand the offerings to it's employees, while providing additional saving to the City through payroll tax. Councilor Hearn/Amarotico m/s to approve Resolution #2003-39. Roll Call Vote: Hearn, Morrison, Jackson, Hartzell, Amarotico and Laws, YES. Motion Passed. CoUncilor Laws stated that administrative employees and union members are required to pay 5% for their benefits, and asked why the council members did not have to do the same. Gray explained the council members get so little for their time commitment, and stated the benefit package is part of the offering. Laws stated he does not agree, and feels the councilors should have to pay 5%, instead of having the taxpayers pay for the councilors benefits. Councilor Morrison noted that the council members have the option not to participate in the benefits program, as he does. Reading by title only of "A Resolution of the City of Ashland Annexing a Contiguous Area to the City of Ashland, Oregon, and Providing for an Effective Date. "(Russ Dale Annexation, 250 Clay Street). Councilor Jackson/Morrison m/s to approve Resolution #2003-40. Roll Call Vote: Hartzeli, Jackson, ,~SttL.4 ND C/7'Y COIJNCIL MEET'ING DECEMBER 16, 2003 f'2(;E 6 0t:9 Laws, Morrison, Hearn and Amarotico, YES. Motion Passed. 4. Reading by title only of "A Resolution Transferring Appropriations within the 2003-2004 Budget." Finance Director Lee Tuneberg explained that upon request from Jackson County, Staff is proposing that the City transfer $5,000 from the General Fund for emergency support to the Jackson County Sobering Unit in Medford. Tuneberg stated the City obtains a benefit from this service. Councilor HartzeiFMorrison m/s to approve Resolution 1t2003-41. Roll Call Vote: Amarotico, Morrison, Laws, Jackson, Hearn and Hartzell, YES. Motion Passed. 5. Reading by title only of "A Resolution Adopting a Supplemental Budget Establishing Appropriations within the 2003-2004 Budget." Finance Director Lee Tuneberg explained that the changes are not greater than 10%, and therefore Staff is presenting the attached Supplemental Budget Resolution for approval. The recommended adjustments include: · $39,660 to the General Fund · $2,500 to the Electric Fund · $50,000 to the Telecommunications Fund (donation from the Cow Creek Tribe, which will be used for AFN operations) Councilor Jackson/Hartzell m/s to approve Resolution #2003-42. Roll Call Vote: Laws, Amarotico, Hartzell, Hearn, Morrison and Jackson, YES. Motion Passed. 6. Reading by title only of "A Resolution dedicating property for Open Space Park Purposes pursuant to Article XI)LA, Section 2, of the City Charter (Liberty Street Property). City Attorney Paul Nolte stated this requires the dedication of open space property and the approval of the land partition plat. Nolte explained half of the property is owned by a private owner, and the other half will be dedicated for park purposes. Councilor HartzelFMorrison m/s to approve Resolution 112003-43. Roll Call Vote: Jackson, Morrison, Hearn, Hartzell, Amarotico and Laws, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS 1. City Council Resolution regarding Proposed Changes to Requirements for New and Expanding Major Industry in the Medford-Ashland Air Quality Maintenance Area. Councilor Laws stated the DEQ, acting under guidelines from EPA, is making a decision on the level of particulates to set in the Rogue Valley. DEQ has set up an advisory committee to put forth advice and suggestions. There has been no consensus among the committee on the DEQ options, and the debate has now been opened to the general public. Laws explained that for many years, particulates in the Rogue Valley were very high, and it was determined that the EPA standards were being violated. Rogue Valley set up a program involving the DEQ and local government to address the problem, and as a result the levels are now well below the standard set by the EPA. However, as the valley continues to grow, particulates are going to increase again, and DEQ is now working on a new set of standards. DEQ has recommended an incremental increase to the standard each year to allow for growth and expansion in the valley. The advisory committee has agreed with the DEQ's recommendation l 1-9, however many citizens are opposed to raising the levels so much. Laws explained another suggestion was to allow the levels to continue to grow until it reached 10% below the EPA standards, and at that point activities which were causing the particulates would be decreased. Laws stated he recommends adopting the proposed resolution, which indicates that the Council and City of Ashland are opposed to any increases beyond what they are now. ,4SttL,4 ND CITY COUNCIl, MEETING DECEMBER 16. 2003 PAGE 7 0t:' 9 Councilor Hartzell expressed concern about the public's perception of the City's participation, and suggests submitting a letter along with the approved resolution, which would strongly voice the City's position. Councilor Morrison noted the transportation ramifications, and the small potential for interference of the City's Regional Transportation Plan, which could result in a lack of funding. Morrison noted the comment period deadline has been moved to the end of January, and suggests gaining more information before passing the resolution. Mayor DeBoer noted that 85% of PM1 Os comes from other than industry. Mayor supports keeping the levels where they are. Laws stated a third option could be to oppose any increase in the particulates created by industry. Councilor Jackson stated she favors staying with Option 1, which is the stricter approach. Councilor Morrison stated the plan needs to move ahead, however he is concerned with the one component that would change the industrial requirements. Morrison stated he feels they need a more clearly articulated resolution or letter to addresses this issue. Councilor Laws stated that DEQ is in the process of writing the rule, and the deadline may be within the next few months (possibly May). Laws noted the comments should be submitted soon. Council Hartzell stated she was comfortable with submitting a letter, as long as it carried as much weight as a resolution. Council agreed to continue this discussion, and decided this would be addressed again at the next council meeting in January. ADJOURNMENT Meeting was adjourned at 9:57 p.m. Barbara Christensen, City Recorder Alan DeBoer, Mayor ANttL,,IND CIT'Y COt,_//V(.'IL MEET'lNG DECEMBER 16. 2003 PAGE 3' OF 9 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 - 1210 312.977.9700 fax: 312.977.4806 November 10, 2003 Mayor Alan DeBoer Mayor City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Mayor DeBoer: I am pleased to notify you that City of Ashland, Oregon has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Bu. dget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Finance Department We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure www. gfoa.org L I Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 - 1210 312.977.9700 fax: 312.977.4806 November 10, 2003 PRESS RELEASE For Further Information Contact Stephen ~. Gauthier (312) 977-9700 Chicago--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that City of Ashland, Oregon has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: · a policy document · a financial plan · an operations guide · a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Finance Department. Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 900 entities have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 14,000 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. www. gfoa.org CiTY OF -ASHLAND ASHLAND HISTORIC COMMISSION Minutes December 3, 2003 CALL TO ORDER At 7:00 p.m., Chairperson Dale Shostrom called the meeting to order in the Siskiyou Room, located in the Community Development/Engineering Services Building at 51 Winbum Way. In addition to Shostrom, members present were Alex Krach, Jay Leighton, Tom Giordano, Jeanne Krippaehne, Robert Saladoff, Terry Skibby, Sam Whitford and new member Keith Swink. Also present were Associate Planner Mark Knox and Secretary Sonja Akerman. No members were absent. APPROVAL OF MINUTES Leighton moved to approve the November 5, 2003 minutes as submitted. With a second by Krach, the motion was unanimously approved. NEW MEMBER INTRODUCTION Knox introduced Keith Swink to the Commission. Swink was recently appointed by the Mayor to replace Keith Chambers, who is currently on sabbatical and won't retum until next summer. Knox stated Swink is a contractor who has worked on several projects in Ashland and will be able to add his expertise to the Commission. PUBLIC HEARING Planning Action 2003-152 Site Review and Conditional Use Permit 44 North Second Street Trinity Episcopal Church Because he is the architect for this project, Giordano declared a conflict of interest and stepped out of the room. Knox reported this application is for a 715 square foot addition to the back of the Padsh Hall. The roof pitch, width and depth will be similar to the existing building. He explained the need for the expansion is to accommodate more bathrooms, more storage and meeting space as well as a kitchen remodel. Although the Parish Hall is not on the National Register of Histodc Places, the Sanctuary is listed so plans for the addition were submitted to the State Histodc Preservation Office (SHPO) for review. SHPO had no problem with the design. Knox said Staff considers the addition to be an appropriate match with the existing structures and is recommending approval. Bill Bartlett, representing Trinity Church, stated he was available to answer questions. None were forthcoming from the Commission. Shostrom opened the public hearing, but there was no one in the audience to speak about the application. Skibby moved and Krippaehne seconded to recommend approval of this planning action. The motion was unanimously approved. Ashland Historic Commission Minutes December 3, 2003 Planning Action 2003-149 Site Review and 2 Variances 238 Eighth Street Janet Larmore and Tom Strong CITY OF ASHLAND Knox explained this application is being requested in order to make lawful an illegal unit that has been in existence for at least ten years, possibly more. The applicants purchased the property last year with the understanding the unit was an approved one, but while they were in the process of remodeling the building discovered it was not. Because a unit less than 500 square feet would not be allowed on a lot less than 6,500 square feet in an R-2 zone, a Variance is needed in order to keep the structure as a rental unit. In cases such as this, Knox explained, the R-2 zone is more restrictive than the R-1 zone. The second Variance is being requested to allow a reduction in the on-street parking standards. This would allow a 1:1 credit instead of a 2:1 parking credit. The main house on the lot is 670 square feet and the illegal unit is 357 square feet. After the applicants (who own and reside in the adjacent house) bought the property, they began to upgrade the site and the buildings. Both dwellings had separate water and electric meters. Knox commented the owners have accomplished a lot of improvements since they purchased the property. In addition, the owners have offered to lock in the unit as "affordable." As such, it will be one of the conditions of approval because all proposals submitted by the applicant become conditions. Staff is recommending approval. Janet Larmore, owner of the property, confirmed they have renovated both units on the property. She also said they have had a very positive response from neighbors, who are delighted with the progress. She has lived on the adjacent property for ten years and verified people have rented the illegal unit during that time. Additionally, Larmore stated there are only a few homes on Eighth Street that don't have driveways, so generally, parking is available on the street. Shostrom opened the public hearing. Paul Bergland, 255 Ninth Street Alley, stated he lives directly behind the illegal unit and he is supportive of the proposal. While it would be nice if no one lived there, he said that both units on the property look much better and he has no complaints. Shostrom closed the public hearing. Whitford moved to recommend approval of this application because the applicants are doing the right thing in maintaining property that has not been previously maintained. Giordano seconded the motion. Shostrom clarified that most issues are Planning Commission issues and commented that if the property were in an R-1 zone, this would comply. The scale of the unit fits in well with the Railroad District and there are unusual circumstances that triggered the need for Planning Commission approval. The motion passed with a unanimous vote. Planning Action 2003-150 Conditional Use Permit 22 Scenic Drive T. Michael Ryan Knox reported this application is for a new house that will exceed the recently adopted maximum house size standards in Ashland's histodc districts. The 8,569 square foot lot will only allow a 2,507 square foot house. The applicant is proposing to construct a house 25% over the maximum permitted floor area, requiring a Conditional Use Permit (CUP). This is the maximum amount that would be allowed under CUP criteria with Planning Commission approval. Knox stated the property also has steep slopes along Scenic Ddve, which constrain the location of the house on the property. The proposed residence would be 2,661 square feet with an attached 473 square foot garage, totaling 3,134 square feet. Knox explained the CUP process is discretionary. If an applicant proposes more square footage than what is allowed in the ordinance and it falls into the exception area, then the proposed house needs to be worthy, fit into the neighborhood, and not have an adverse affect on the Histodc District. This is the first application to exceed the maximum house size since the ordinance was adopted. Ashland Historic Commission Minutes December 3, 2003 2 CiTY OF ASHLAND Knox remarked the proposed residence will consist of vadous roof heights and stepped back walls, thus providing character to the design while breaking up the massing. The house will sit below Scenic Ddve because of the steepness of the slope so only a portion of the roofline will be visible from Scenic. The attached garage represents 19% of the 25% over the allowable size. If the garage was detached and separated from the house by at least six feet or made into a carport, the applicant would only need to ask for a 6% exception, and 6% represents 154 square feet. Knox said the Commission needs to consider what would happen to the volume and design of the house if the square footage was reduced by 6% and the garage detached. He also asked the Commission to pay attention to the maps, the location of the house on the property and the histodc ranking of the houses surrounding the property. The unusual circumstances of the sloping lot and the odd shape should also be considered. According to Knox, Staff is in the middle on this application. Applicant Michael Ryan stated he and architect Carlos Delgado began designing this house last September and were not aware of the maximum house size ordinance that was adopted in October. He said he had been in to the Planning Department several times but never made aware of the ordinance. Considering the proposal with the many constraints, he feels the design works well within the spirit of the ordinance. There is currently an eclectic mix of homes in the area. Ryan asked that this application be judged on the merits of the house rather than being the first one to ask for the exception. Architect Cados Delgado verified this was a difficult site and difficult timing. The owner wanted to submit his application for a building permit around the same time the maximum house size ordinance was being adopted. Regarding the neighborhood, Delgado said the average size of the houses in the immediate area is 2,750 square feet. Issues with this site include the hillside, shape of the property, setbacks and where to put the garage. The two-story house was designed with the walls stepping back and will actually look more like one story because of the slopes. He also explained the application will be up against the hillside ordinance because of the steep slope. According to the geo-tech that is working on this project, the grading and erosion control plan will be faidy simple. Giordano remarked that normally, when there is a difficult site such as this, the proposed residence would be smaller, not larger. Delgado explained the difficulties in separating the house from the garage because of the constraints of the site. Ryan clarified his options would be to receive approval for the project as proposed or to separate the garage by six feet if the CUP is denied. If denied, he would also need to reduce the size of the garage so it would be for a single car and take off 154 square feet from the house. He asked the Commission to consider what would happen to the mass in that case. In his opinion, by moving the garage six feet away from the house, the perception of mass would be increased because the buildings would be spread out. Also, he stated a denial would result in a hardship for him. Shostrom asked about the lot lines of the property and Ryan explained the lines were adjusted before he bought the property to make the lot more saleable. Delgado noted they had looked at separating the garage from the house but felt the design worked better if it were attached. Skibby recalled the applicant had come to a Review Board meeting before October and the design has remained unchanged. Knox reminded the Commission that regardless of when they came to the Review Board, the decision needs to be based on what is currently before it and base that decision on relevant cdteda in the recently adopted ordinance. Ryan asked if 6% reduction would really be perceived as less mass. Shostrom opened the public hearing. Stuart Gray, 1227 Munson Drive, stated Michael Ryan designed and built the addition on his home. He wanted to mention that fact because in his opinion, Ryan is an artist. He knows how to build so a structure doesn't look too big. Ashland Histodc Commission Minutes December 3, 2003 L I CITY OF ASHLAND Nick Damon, 2379 Old Military Road, Central Point, commented the design for Ryan's house will enhance the value of the homes in the neighborhood and community. Reducing the square footage will not help the design, which has merit as it is. He has seen and admired Ryan's renovation projects. Sara Sanders, 1227 Munson Drive, said she moved from a large home to a small home. Because of the lot size, expansion was limited. When he was initially contacted, Ryan came with a list of references. She stated he is an ethical person and built their addition to the letter of the code. She also commented that most people have a grace period when ordinances are adopted and would like to see Ryan receive that consideration. Marlene Mills, 34 Scenic Drive, noted she has lived on the adjoining property for 35 years and she is against this proposal. She supported the Historic Commission when it recommended a lower figure be used for the maximum house size in the historic districts. There has always been an empty lot there. After Robert McKee bought the property, he divided it in half. She said if the lots were one, a beautiful house could be built with a yard. Since there are now two lots, another large house of the same size could also be built. Her lot could accommodate three homes, but she wouldn't think of doing that. Infill that has occurred in the area has always allowed space around the houses. The lots have been larger and the identity with the neighborhood has not been lost. In addition, she does not feel the design is compatible with the neighborhood. She acknowledged it is a lovely house but not for that difficult lot. Planning Consultant Laurel Prairie-Kuntz, 522 Park Avenue, Medford, stated she represents Chris Wood and Dr. F.F. Sharkey. She read a letter into the record from Chris Wood, who has lived next to the subject property for 26 years and who was unable to attend the meeting. He asked for denial of the proposal, citing the tradition and need for more moderately sized homes with yards, and his concern that more people will be asking for exceptions. He feels the effect on neighborhood relations can be lasting, and not for the better. Prairie-Kuntz also submitted a letter identifying the third criteria under Conditional Use Permits as not being met in this application and supplying supportive tables. She stated her clients are concerned about the compatibility of the proposed design with the neighborhood. There are currently homes on various sized lots with beautiful yards and trees. The proposed house is much larger in mass than surrounding homes. She also stated that from a planning perspective, ignorance of the law does not get you out of the law. She commended the City for adopting the ordinance and added it has already served as an example. Praide-Kuntz also addressed concerns that the drainage flow is proposed to the northeast of the property, which is uphill. Francis Sharkey, 163 Granite Street, said the lot is adjacent and up the hill from hers. The lot is deceptive because of the steep hill. Granite Street is a beautiful and much used street. From Scenic, only the top of the roof of the proposed house will be seen. From Granite Street and Lithia Park, however, it will be quite visible because the view will be looking up at it. She feels the owner should enrich himself and build his spec house elsewhere. She is concerned about the drainage because during the flood of 1997, the Bed & Breakfast at 163 Granite Street she owns was flooded for a week. Historic neighborhoods need to have homes that don't stand out like sore thumbs. Sharkey also stated she does not feel the style will fit in with the neighborhood. Delgado stated the drainage will be accomplished as proposed through a legal access following the contours of the site. He also stated the data brought forth in the findings he submitted contain the sizes of homes within a block of this lot. The neighbors submitted data from a larger area. Ryan commented it comes down to the fact that the neighbors want the lot left vacant. The ordinance was passed with a 25% allowance. There would be no perceived difference in mass if he reduced the size of the living area by 6% and detached the garage. He stated he would be willing to work with the neighbors on landscaping by bdnging in soil, etc. at his own expense. For his logic, this is a viable option, as the neighbors would see less of the proposed house. Shostrom closed the public hearing. Skibby stated the issue seems to be what could be built vs. what will be built if not approved. Ashland Historic Commission Minutes December 3, 2003 4 CiTY OF SHLAND Whitford remarked that he does not see the structure as fitting into the neighborhood. As the neighbors pointed out, the existing homes are on larger lots. While he realizes the house will be built and that it is a beautiful design, historically, it is not compatible. Giordano said he feels divided. Part of him sees no reason to grant approval because the applicant has suggested ways to make it comply with the ordinance. The garage location will always be an issue because there are problems with the lot and by moving it, it could create more of a mass. It is a difficult site. Usually, the building size would shdnk rather than grow with sites like this. On the other side, it is on the fdnge of the Histodc District. He can see the transitional size of the house, but it seems out of character with the neighborhood. It is incompatible because of the ratio of lot size and building size. He would have a hard time supporting a 25% increase. Saladoff stated he has the same two ways of looking at the project as Giordano. The purpose of the ordinance is to keep a more traditional streetscape by managing and controlling the scale, volume and rhythm of the street, including patterns of lot coverage. There is a street perspective and neighbor perspective. While the house sits below Scenic Drive, the neighbors have a point about seeing it from Granite Street. The lot coverage is inconsistent with the neighborhood. The house is well designed and looks great, but Saladoff said his concern is about the coverage and the applicant has pointed out ways he could meet the house size limitations. Swink could also see the pros and cons. The lot size vs.size of the structure is a big concern. However, the house will be built. The owner is willing to work with the neighbors to mitigate the appearance of size. It is important to find a way to make this work for the community. There is quite a mix of homes in the area. Also, there are different lots that will be built on. The trade-off of the 6% could backfire and it might be best to recommend approval. Skibby agreed. Leighton, however stated she would like to see the size of the home shrunk. She wondered if it mattered if the size of a spec home were reduced 100 to 200 square feet. In her opinion, design choices were made that allowed the house to be larger. Also, she acknowledged this is a difficult lot. Krach commented the Commission is getting proposals regarding large homes one after another and it is more than a little disheartening. He would like to see a house built that would fit the lot, rather than maxing out the CUP criteria. He would also like the people involved to work together, perhaps reducing the size of the house. Krippaehne stated she understands what the applicant meant when he said the house could be perceived to be larger if the garage was moved away from the house. She also thinks that because property is such a scarce land resource, it is only a matter of time before larger lots are split into smaller ones. Like it or not, more and more similar applications will be seen. If the size is reduced, the Histodc Commission would have no authority to do anything about the design. She added this is a nice design for the property. She would not like to see an old style arbitrarily assigned to that property. Krippaehne also noted there is no dominant style that she could discern in the area. Shostrom said he agrees with all he has heard but what this comes down to is a design issue. He feels the prairie style is fine in that location. From a design standpoint, the owner wants a larger house for a sale point of view. Shostrom also remarked there appears to be a three-foot overhang everywhere except the garage, which was drawn with an 18-inch overhang. He also noted there is no sense of entry on Scenic Ddve because the garage is on the front of the house. He asked what would the house feel like if there were no garage or carport? Could this be mitigated? Would it really change the volume? Would it be any better if the application was denied? Would the perception of the scale and bulk change? Saladoff said that Krach's comment about maxing out the Conditional Use Permit process made an impact on him. Leighton added the applicant has calculated the exact square footage exception that would be allowable for this lot. Ashland Histodc Commission Minutes December 3, 2003 CITY OF SHLAND Giordano asked if it is sufficient reason to approve because the property is located on the fringe of the Historic District. Leighton noted it is still important to respect the line, even if it is on the fringe. Knox pronounced the Commission does not have to feel obligated to vote yes or no on this - it is all right to be in the middle. He doesn't want the Commission to make a decision that will set a standard on the first application. It is necessary to look at the pros and cons. The applicant has said there are options. What will the next application be? The way we are going, infill will occur at the maximum exception. Consider the adjacent lot/house ratios. Look at the target zone. He recognized this will be a tough decision for the Commission to make. Krippaehne moved to recommend approval of the basic plan of this application with the condition a sense of entry be accommodated on Scenic Drive. Swink said he would like to amend the motion to provide a condition that the applicant work with the neighbors in mitigating the mass with landscaping. Saladoff stated he would like a condition that the applicant attempt to reduce the overall square footage volume. Shostrom asked, what attempts are being made to reduce the size? Giordano agreed - there has to be some areas where rooms can be reduced and stated he would like to request a continuance in order for the applicant to come back with reworked issues. Shostrom reiterated the design seems to turn its back on the street. Historically, entries are apparent on the street side of a house. There was no second to the motion. Kdppaehne then moved to recommend approval of this application subject to the applicant working out the entry. In addition, the applicant needs to work with the neighbors on landscaping to mitigate the issues on volume, and reduce the size of the house by 154 square feet but retain the attached garage. Leighton seconded the motion. Discussion ensued. Whitford stated he did not hear anyone speak in favor of the application that lives near the property. Shostrom stated the Commission has heard the neighbors and noted he does not feel the scale is out of proportion, rather the setbacks are out of proportion compared with the surrounding properties. Swink commented the bulk is locked in, but not having a sense of entry could have a negative impact. Krach said he does not feel this application should be pushed through and that if it were continued, it would allow the applicant to come back with design changes. Krippaehne withdrew her motion and Leighton withdrew her second. ~ Krippaehne moved to continue this application in order to give the applicant and architect time to work on the following issues: · Sense of entry on Scenic DriVe. · Work with neighbors on landscape issues. · Reduce size of residence by 154 square feet. · Retain attached garage or turn into carport or surface parking area. · Make roof eaves consistent. · Reduce modernization of south elevation where second story cantilevers over the first story. Leighton seconded the motion and it passed with a unanimous vote. Planning Action 2003-150 should come back to the Historic Commission on January 7, 2004. OLD BUSINESS Review Board - Following is the December schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: December 4th December 11th December 18th December 24th December 31 st Skibby and Krippaehne Skibby, Saladoff and Swink Skibby, Leighton, Giordano and Whitford Skibby and Krach Skibby, Shostrom and Swink Ashland Historic Commission Minutes December 3, 2003 CITY OF --ASHLAND Proiect Assiqnments for Planninq Actions PA #2000-120 485 "A" Street (Steve Hoxmeier) Shostrom PA #2002-100 142 East Main Street (Earthly Goods) Leighton PA #2002-125 44 North Second Street (Trinity Episcopal Church) Skibby PA #2003-005 35 S. Second Street (Winchester Inn) Krippaehne PA #2003-035 665 East Main Street (Kirk McAllister) Shostrom PA #2003-045/110/122 230/232 VanNess Avenue (Serin Eggling/Sherri Morgan) Leighton PA #2003-090 125 North Main Street (Lynn Thompson) Krach PA #2003-094 45 Wimer Street (Paul Crafft) Whitford PA #2003-108 115 Church Street (Nancy Seward and Tim Bond) Saladoff PA #2003-092 124 Alida Street (Kirt Meyer and Vadim Agakhanov) Krippaehne PA #2003-152 44 North Second Street (Trinity Episcopal Church) Swink Possible National Reqister Nomination for Lithia Springs Property - There has been no change on this. Carneqie Library Restoration - There was nothing new to report. NEW BUSINESS: None ANNOUNCEMENTS Knox announced the design charrette for the old Copeland Lumber site was occurring simultaneously with the Historic Commission meeting. The facilitators will take input from the meetings in order to generate an application. He invited the commissioners to stop by the existing building on the site to look at drawings that were created from input during the last charrette. The members would like a special session for the applicants to present proposals to the full Commission. Knox will set something up. ADJOURNMENT With a motion by Leighton and second by Saladoff, it was the unanimous decision of the Commission to adjourn the meeting at 9:52 p.m. Ashland Historic Commission Minutes December 3, 2003 7 ASHLAND AIRPORT COMMISSION November 4, 2003 MINUTES MEMBERS PRESENT: STAFF: MEMBERS ABSENT: CHAIRMAN PAUL ROSTYKUS, BOB SKINNER, FBO, , BRITTANY WISE, BRENT THOMPSON, ALAN DEBOER, RICHARD HENDRICKSON, ANN SKY, WILLIAM SKILLMAN, LINCOLN ZEVE, PAUL WESTERMAN, CLAUDIA STOCKWELL PAULA BROWN, DAWN LAMB CALL TO ORDER: APPROVAL OF MINUTES: Public Forum: 10:00 AM Odober 7th minutes approved with changes. 4. OLD BUSINESS: Welcome New Commissioner Paul Westerman Aa T-Hangar Request for Proposal - Options for Construction The Request for Proposals is in the editing phase. After a draft is done Brown will email to the commissioners for comments. Commissioners will have about a week for reviewing before final RFP is sent out. Financing is still up in the air. Tuneberg is still soliciting to some local banks for better rates. Two local banks have been solicited, Bank of America and Bank of the Cascades. To repay the loan, staff would like to consider implementing pre-signed 10 year leases. Base the pre-paid lease on a $240 per month lease or do a five year lease at $240 a month rate with a 3% additional cost. This will decrease the payoff time on the loan saving the 5.5% interest. The loan request is being advertised as a $300,000. The RFP requires about four weeks advertising, then engineering and permitting will take through winter and construction should begin around March or April. The construction should be complete prior to summertime. The footprint should support 12-14 t-hangars, the more t-hangars, the more rent. The commission will need to consider whether or not they would like more t-hangars built at the airport in the future. It will be a consideration for the master plan. The only build ready area at the airport right now is down adjacent to the taxiway next to Sky Research. That is where the fill was taken from the new taxiway and the t-hangar building area. Rostykus asked staff to double check with Dave Hard, Fire Marshall on the addition of more fire hydrants at the airport. Action: Staff will complete the draft RFP and email it to commissioners for review. Bo Sub-committee Report on Lease Review, Commercial Use & Rates Rostykus presented the subcommittee's report on hangar sizes and locations, SASO fees, Commercial use, Aircraft Storage and Privately owned hangars. Sizes in the Jack Day row are locked in and anyone applying must build to these C:\WINDOWS\TEMP\November 4 03.doc measurements: Spaces #2 & #3 are to be 60 feet wide by 80 feet deep with 8 feet between the hangars. There will need to be further discussion to establish vehicle access and parking. The area adjacent to the taxiway will be reserved for commercial hangars. Lease Option C gives a gives a minimum size requirement for a 60X40 hangar size. Subcommittee requested increasing this size to 60 X60. Commission discussed changing the requirement to a square footage instead of a dimension. Zeve felt limiting the size of the hangar could deter future income at the airport. DeBoer felt there would always be business opportunity for aircraft owners wanting to store aircraft outside of California to avoid taxes. These owners would want to have hangars for the first year. SASO Fees The Subcommittee recommended the following options: -All SASO Operations (hangar-based commercial operations) pay a SASO fee based on hangar footprint. -Recommend that SASO fees be uniformly calculated. -Recommend that SASO fees be based on hangar footprints times 1.0 - 1.6 times 17¢. Commission to establish exact multiplier (1.0 - 1.6) -Define a hangar keeper as any hangar lease holder with 2 or more non-owned airplanes in the hangar. Commission discussed these options. The idea of colleding 10% of the rental income also came up. Staff and some commission members do not support this concept due to the diligence of auditing the owners. The number of non-owned aircraft in the hangar makes as easier defining line. The charge would be for the aircraft over two, so the SASO fee would begin with the rental rate on the third aircraft. This will limit the amount of hangar keepers at the airport because most of the hangars cannot fit that many aircraft. There are eight or so different SASO categories including the hangar keeper category. The fee structure should address all these different types. Whichever matter of fee structure is chosen it will still be difficult to enforce and police the usage at the airpod. Stockwell commented that she is in support of the fees for airport use but does not want to create a nightmare of policing. A.Sky felt that some weight should be given to number of employees. Rostykus wants to be sure whatever is decided that the commercial and empty hangar clauses in the lease are updated. Zeve still wants to encourage business at the airport even if it is just one hangar owner renting out. There needs to be some equity. Adion: Rostykus will create a spreadsheet that reflects what costs would be associated with different calculators as well as different size hangars and email it to the commissioners prior to the meeting for review. C:\WINDOWS\TEMP\November 4 03.doc Master Plan - Update Century West Engineering conducted the first kick-off meeting with staff on October 28th. The meeting outlined the goal, time schedule and requirements. Rostykus and Zeve were present representing the Airport Commission's interest. Century West is now in an information gathering process and will be working with staff to research changes in the airport since the last Master Plan was complete. They exped to have a public meeting in January where they will present the first draft of the plan. A survey will be distributed to pilots and other interested parties. Staff will post the survey on the web and do an article about the master plan update. Brown expects two public meetings to be held at the 2 airport and the report will need to be taken before Council for adoption and there could even be a Council study session for Century West to present the report in more detail. Action: Staff and members will keep Commission up to date on progress. Do Taxiway Conflicts This continues to be a problem. The FBO office has talked to all delivery people they can catch and Sky has sent notices to all their suppliers stating that the taxiway is off limits and to use the new access road. There is more signage to be put up and Brown will call the Street Department to have this made a higher priority. A.Sky requested two signs, one that reads 'Delveries Only" for the access road and another that reads "Aircraft Only" for the taxiway. There will be a learning curve for the road since it is new. Brown wants to be careful not to oversign the airport. Skinner suggested getting a card operated automatic gate. It would cost a few thousand dollars. DeBoer felt that the airport should remain open and hospitable and we accept that there will be occasional conflicts. Rostykus feels it is more than just driving on the taxiway, it is also people parking their cars. Skinner has been working with FedEx to keep them off the taxiways. A.Sky has been asking other small airports how they deal with these situations. Palo Alto is a good example and they have been growing. Brown asked A.Sky to bring back some pictures of their signage for examples. Action: A.Sky will do wording for a sign and get it installed on the lamp post as soon as possible. Brown and Rostykus will review the wording prior to installation. Brown will work with Street Department for all other signs. NEW BUSINESS: AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports A.Sky asked Brown to bring in a disbursement record of how the money that is collected from the airport is used. Commission would like to see a quarterly report from staff. Skinner asked for direction in helping put in complaints about Yellow taxicab service. They are very unreliable. Brown will check with the City Attorney on how to handle this. Zeve asked if a loan car or a crew car could be available. Skinner had very bad situations happen when they tried that before. He will not endorse a crew car. Commission suggested contacting the chamber of commerce to encourage other companies, hotels especially to do a shuttle service from the airport. Car rental is available every day, Enterprise has been very reliable and Skinner Aviation supplies vehicles from Butler for rentals also. 6. NEXT MEETING DATE: DECEMBER 2ND, 10-'00 AM ADJOURN: Meeting adjourned at 11:30 AM C:\WlNDOWS\TEMP\November 4 03.doc 3 From: Mike bianca To: Fran berteau Date: 12/15/03 3:42PM Subject: agenda for dept. heads 1/17 item: Partnerships with Ashland School District. Thanks mb CiTY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Public Input for 2004/2005 Council Go~l~ and Priorities. Administration /]} J January 6, 2004 II// Gino Grimaldi, City Administrator ~'/,%'/ Synopsis: This public hearing is intended to allow the opportunity for the public to provide thc council with input on council goals and priorities for 2004/2005. Recommendation: Staff recommends that council solicit public input which can be considered when thc council develops thc final draf~ of goals for 2004/2005. Fiscal Impact: None. Background: Thc current Strategic Plan identifies thirteen broad categories of focus with a number of priorities/action items for each category. A goal setting workshop is scheduled for January 9 and 10, 2004, at which time thc mayor and council will review the 2004/2005 priorities for each category and then determine thc 2004/2005 priorities. Attachment: None. CITY OF kSHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Public Input Paniculate Matter (PMI O) in the Medford-Ashland Air Quality Maintenance (AQMA) Administration January 6, 2003 Ann Seltzer, Management Analyst Gino Grimaldi, City Administrator Synopsis: At the last City Council meeting on December 15, 2003, Council discussed the proposed Oregon Department of Environmental Quality (DEQ) State Implementation Plan for Particulate Matter (PM l0) and reviewed a draft resolution to be submitted as input to DEQ. Council asked staff to prepare a revised resolution and letter to be submitted to DEQ and agreed to continue the discussion at the January 6 meeting. Recommendation: Staff recommends submitting the attached resolution and cover letter to DEQ as public input in support of including option #1, Emissions Offset, in the proposed Medford-Ashland PM10 Attainment and Maintenance Plan and removing the Growth Allowance option within the State Implementation Plan. Fiscal Impact: None Background: The DEQ is seeking public input on the State Implementation Plan for Particulate Matter (PM~0) in the Medford-Ashland Air Quality Maintenance Area (AQMA). The plan demonstrates that the Medford area will continue to meet the PM~0 standards through at least 2015. The plan will be submitted to the Federal Environmental Protection Agency (EPA) for approval with a request that the legal status of the area be changed from non-attainment (non-compliant) to attainment (compliant). As noted in the Memorandum from State of Oregon DEQ which Council received at the December 15 meeting, there are two options that could be included in the proposed attainment plan: Emissions Offset (option #1) and Growth Allowance (option #2). Emission Offset retains the current stringent restrictions on the amount of particulate matter pollution that can be emitted by major industry. The Growth Allowance allows major industry to emit a greater amount of particulate matter and yet that allowance is still below Federal levels. Currently the proposed DEQ plan includes the Growth Allowance option and not the Emissions Offset allowance. Arguments have been made that the Emissions Offset option is too restrictive and is a deterrent for attracting new industrial businesses to the Rogue Valley or the expansion of existing industrial businesses. Supporters of the Growth Allowance option believe that the greater flexibility in PM~0 emissions could attract new industrial growth to the area or stimulate the expansion of existing industrial businesses. Supporters of the Emission Offset option point out that the improved air quality in the Rogue Valley contributes to the high quality of life in the area. Relaxing the current restrictions risks degrading air quality in the valley and could have an impact on public health. It is important that the plan move ahead so that the legal status can be changed to attainment. The plan establishes an emissions budget to cap future motor vehicle PMI0 emissions. The budget is used to ensure Transportation Conformity within the plan. Under conformity, emissions resulting overall from motor vehicle use cannot exceed the allowable level established in the air quality plan. This also assures that transportation related air quality strategies are funded and implemented during the transportation planning process. Failure to conform can seriously delay or jeopardize Federal funding for important transportation projects. The emissions budget established through this plan will govern the conformity analysis of each update to the Rogue Valley Region's Transportation Plan for the next eight to ten years. The largest emissions growth over the next twelve years is expected in motor vehicles. Attachments: 1. Proposed Resolution and DEQ Cover Letter 2. Memorandum from ODEQ CITY OF SHLAND January6,2004 David Collier Oregon DEQ Air Quality Division 811 SW 6th Avenue Portland, Oregon 97204 Dear Mr. Collier: Please accept this letter and attached resolution as public comment regarding the Medford-Ashland PMIO Attainment and Maintenance Plan as proposed by the Oregon Department of Environmental Quality (DEQ). After careful review and deliberation, the Ashland City Council strongly urges the DEQ to retain the stringent requirements currently in place in the Rogue Valley. The Council further recommends that the plan move forward with option #1 Emissions Offsets and recommends that the DEQ withdraw the Growth Allowance option which is currently written into the proposed plan described in the State of Oregon Department of Environmental Quality memorandum dated November 12, 2003. The improved air quality in the Rogue Valley is a significant factor in our quality of life and public health. The risk of jeopardizing that quality of life by allowing relaxed standards of emissions of PM~0 is too great. In fact, air quality may well be a consideration that attracts new business to our area despite the restrictions imposed on emissions control. Economic development in the Rogue Valley is an important and complex issue. Decisions companies consider in deciding to locate their business in any community are numerous and extend beyond PM~0 emissions allowances or restrictions. The Council further recognizes the importance of moving from non- attainment to attainment to ensure we do not risk potentially jeopardizing Federal funds for our regional transportation plan. The Council acknowledges the amount of time, energy and research invested in this plan and are appreciative of the attention and consideration given to the various view points within the plan. Sincerely, Gino Grimaldi, City Administrator CITY HALL Tel: 541488-6002 20 East Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or, us RESOLUTION NO. 2004- A RESOLUTION TO MAINTAIN OR IMPROVE AIR QUALITY STANDARDS Recitals: The City of Ashland is situated in the Rogue Valley, where the topographic effect of the surrounding mountains and the shape of the valley prevent lower level winds from cleating the air, thereby creating an inversion layer that traps air pollutants; The quality of the air we breathe is directly related to the health of Ashland and Rogue Valley residents, with our young, ill and elderly people especially vulnerable to air pollution; The quality of the air we breathe is directly related to the quality of life in Ashland and the Rogue Valley; and Co The economic health and development of any region is dependent on the knowledge and perception of citizens and businesses that it is a safe and desirable place to live; and D. The Rogue Valley has made huge improvements in air quality in the last 20 years. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1 .We request that the Oregon Department of Environmental Quality (DEQ) include the Emission Offset (option #1) in the proposed Medford-Ashland PMI O Attainment and Maintenance Plan and to remove the Growth Allowance from the draft plan. SECTION 2.We request that the proposed Medford-Ashland PMIO Attainment and Maintenance Plan be submitted to the Federal Environmental Protection Agency (EPA) with the Emissions Offset option a that the DEQ continue to work with the Medford Ashland Air quality Advisory committee to monitor and im current level of air quality in the Rogue Valley. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this __ day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this ~day of ,2004. Re ' wed as form: Paul olte, Clty Attorney Alan W. DeBoer, Mayor 1- H:\Recent~Admin\Council\DEQ resolution.wpd state of Oregon Department of Enviro, m.entn! Qu-n!ity Memorandu .m Date: November 12, 2003 To: Interested and Affected Public Subieet: Background Information: Proposed Changes To Requirements for New and Expanding Major Industry in the Medford-Ashland Air Quality Maintenance Area (AQMA). Background With assistance froma local air quality advisory.committee, the Department has developed an n_,,;nment and maintenance plan demonstrating that the Medford area will continue to meet PM~0 standards through at least the year 2015. Once adopted by the EQC, the plan will be submitted to EPA for approval with a request that the legal status of the AQMA be revised from non_n__ttn;nment to 8_ttninm~lL Tho PMto.plan will continue thc successful air quality strategies that have been respondble for reaching att._n.inment, with some additional flexibility provided for new and expanding major industry. Proposed Changes To Requirements for New and Expanding Major Industry The Department proposes to allow greater flexibility for new and expanding major industry in the AQMA under the New Source Review (NSR) program. These new requirements will become effective once the AQMA is redesiglmted to attnlnment for PM~0. This memorandum descn'oes th~ options consi'dered, and the Depatiment's initial recommendations. New ~mrce Rov[~ (NSR) is the program that governs emission increases from new. and expanding mn]or indus.. Once th~ AQMA is redesignated to n?n;nment for PMt0,.the NSR process ~ fall under a program called ~on of ~mi~eant Deterioration ~D). 'lite PSD ~ includes emission oontrol tedm°lo~ requirements for new and expandi~ n~or ~ as well as two d~ffetmt ah' qunlity analyses designed to ~ent. a violation of federal air quality standards, and limit the. amount of air. quality d~on that can occur fi-om indushisl emission increases..Nach'ne~ or expaudin~ facility und~g°es both analysesl Cur~t.R~quir~ments The NSR/PSD program includes three major elements. The first is called the Significant Bmission Rate (SER). The SEI~. is the emission'level that triggers the New Source Review program. The seoond is the type of emission oontrol technology to be used for_ red_uo~... _~_, emissions, and the third is the nirshed analysis and management approach used to uaetc mcmsmm emission increases and protect air quality. L I tho most stringent N~R mqulrmnmts apply in the Rogue Valley (because if its Tri~-~ ru~vel for NSR fSi -~i~on.t. ~l~i ..¢_'_o.. R~to): Tho NSR ~ for PMlo is S tons/~oar (and $0 lbs/day). This m~ans that any. now indufm~, or induslrial aqmsion with PM,o omi~ion~ greater than $ tons/year or .50 lbs/day must meet NSR requirements. In the rest of Oregon, the emissions threshold (SER) is 15 tons/year for PM~0. Because ofpast PMl0 violations in the AQMA and industry's close prOximity to population centers, previous Medford Air Quality Committees have recommeoded the lower NSR trigger as a way to closely track and manage emissions growth from industrial sources. Emission Control Technology:. Lowe~__ Achievable Emission Rate {LAER): LAER technology rcflec~ state-of-the-art emission control. It is generally the most costly emissions control approach, but is also the most affective at reducing emissions and the most protective of public health. Previous Medford Air Quality Committ0e~ have s~lpportod the ~ontinued use of LAER tochnology in tho AQMA.. Opflom for Chtnges to ~he NSR Requirem~U Once fhe AQMA is redesignated to .~_ ~m~._~t for PM~o, thoClean Air Act allows tho emission K. vds by afixed ~nom~ end requires emission offsets only fftho growth ellowance is exceeded. The mnount 0fthe I~r~vth ellowenco in.tMs case wes' esteblishedby EPA through tho Prevention of Sigaificant Deted~on (PgD) pr6gram and is e.llod tho PSD In~remmt ~ growth allommoes e0dst for daily and annual averago PM~0.1evels. Under th~ PSD program, proposed emi~on increases eau not e~cood the allowed increment (allowance), nor emi they cause or oootn'buto to a violation of PM~o standing. Tho inerem~ forPSD Igc: Daily PMt0 Growth Allowance: 30 ug/mJ Annual PM~o (~vth Allowance:' 17 ug/m~' In addition to anew airshed msn_%oement approach, the Cloa~ Air Act also offers some fl~ibility in choosing the level of emi~ion oontrol t/dmology that will apply to new and expanding major indtlstry. The Air Quality Commlttoo reviewed optiolls for e~lission control teohnology as well as options for the NSR trigger level (8ER) for the AQMA. Air Quality Committee Discussion ~md Reeommend~tlon~ The Medford-Ashland Advisory Committee discussed options for designing the NSR/PSD program that will apply once the AQMA is redesignated to attainment for PMI0. There was strong agreement'among the CommiRee on two ofthe three elemen/s. There was a difference of opiniOn within the Committee regarding airshed management options. Tri_~er for PSD: Significant Emission Rate (SER) The Committee reoommended that the Depaxtment retain the 5 ton/year (50 lbs/day) PM~0 SER, so that future industrial emission increases can be olosely tracked and managed. ,F. mission Control Tedmology The Committee also recommended that the LAER emission control technology requirement be retained. The Committee recognized that while L AER is generally the more costly .emission control approac~ it is also the cleanest and most pwtec/ive of public health~ Continuing to require new and expanding industry to install LABR technology also' provides equity for older existing facilities that have already invested signifioanfly in state-of the-art emission controls, . Airshed Management _O!~tions · There was a difference of opinion among Committee members as tq. the best option for managing ~ emission increase~ frolll lna~or indllsily. Booatlso tho Co~miilee did not reach a The seotion below desen'bes the optiom comi~ by tho ~ md tho Department's initial reoomm~~. The ~ent will consider further oomm~ from the Committee, stakeholderg,' elected officials, and the.public before making a final recommendation to the F. avilDnm~ll Qtlality Colmmi~,ion ~.' Two Ol~tions for _A~_hed MnnnRement Under NS ,WP~D Em!~lon Offsets: Option I is to keep the ourrmt requirem~ that all new and expanding indUStrial' faoilities off:set their emission inereasm so that industrial.growth does not delpade air qual~,'ty. AS stated earlier, the emission Offset approach, is the most protective of public health, but it may also make it more difficolt to alimct new industry to the area. Growth Allowance (PSD): Option 2 is to dimin~ the (mrrmt _,~ts~sion offset reqtdrement, end allow in~t,, ustrhl anission increases to oc~r, man~ed by the Preva~tion of Signifioant Deteribration(PSD) program. PSD allows some air quality degradation to ooour, but only by an amount anowed by .EPA. Emission offsets would Im required only fftho allowanoo (PSD increment) was exceeded. PSD also ensures oompHanoe with federal PMl0 standards. In disoussing the options, the Committee tried to balance the oommunlty priorities of eucouraging economic growth and protecting public health. Below are some of the points considered by the advisory committee: Recent health studies suggest that adverse public health effects can occur at PMl0 levels lower than the current federal standards. Because of these public health concerns, the emi._.~on offset requirement could be retained in order to keep industrial emissions as low as possible and helP keep PMi0 levels in the AQMA from increasing. The PMl0 emission offset.~ent will only affect industrial sources that produce particulate poHution.(PMlo).. The economy of the AQMA is diversifying, and there are a variety ofoppommities for increasing economic growth in the valley. Therefore, keeping the current emission offset requirement for major particulate sources is not necessarily a barrier to overall economic development in the AQMA. · The emlssi.'on of~t reiiuirement can be very diffioult to satis~ because there is a very limlt~l number of emi-~sion offset credits available. This potentially means that new or expanding industry would not be able to obtain an air quality permit from DEQ. The uncertainty about the availability of offset credits means that.the or,et requirement can be a si~ifl_cant barrier to aUmofing new industries to the AQMA. Nlhninating the offset program and allowing some air quality degradation (within allowed limits) would provide more flexl'bility for new and expanding industry without sacrifi~ oompliance with federal PMl0 standards. Nb-~Nb~)/8 afetv_.-Mnr~n If the cunent emission offset ~.e~.. is~llmlnnt_t.A, .then ftltH~ industrial emission ~n .,_cr~s_ win be managed under the. growth allo'w~ce provided by the PSD program~ In disc~ the PSD program, the Comm,ttee debated whether or not air quality'sh~ulc~ be allowed to degrade all the way up to federal PMm Standards (as allowed by EPA), or whether air quality degradation should be held to a level below federal Standards in order to provide an extra measure of public health proteotion. : The Committee diSoussed the option to create a PMl0 Safety-Mat, gin threshold ara level below federal.standards.thai would Prevent industrial emission increases from _r~' _~tn_o federal PMi0 standards, lfPMl0 hxlpa~ ~ anew.or expanding facility exoeeded tho'Slcr-ety. Mar~ n; _emission otf~ts (or some other emission reduotion aotion) would be required to reduce PM~o levels to allowed limits. The safety-margin threshold would apply everywhere in the AQMA. Howover, PMio levels in the majority of the Rogue Valley are very low, and it is unlikely that future PM~o levels in these cleaner areas would ever reach (or be limited by) the safety-margin. On the other hand, PM~o levels in the Medford and White City industrial areas are higher than in the rest of the A.QMA. 'In these areas (the industrially zoned lands of Medford and White City), the safety-margin could limit industrial PMl0 impacts to levels below feda'al standards. This may limit some opportunities for industrial expansion and growth in the COre Medford and White City industrial areas. The Department's modeling analysis shows that predicted PMlo impacts from industrial sources decrease very rapidly with distance from the core industrial areas, and are relatively low in the adjacent commercial and residential areas. This means that any additional public health protection provided by a safety-mar~'n would benefit a relatively _' ~mall geographic area (i.e. resideflti~ alld commercial areas that are. in closo proximity to tho Modford and White City industrial areas). The majority of the AQMA would not likely see a benefit from the safety- Figure 1 below illustrates the growth allowance and safety-margin concept. The chart shows: · model predicted annual avg. PMlo levels in 1998 (highest 200 values ranked from highest to lowest); · the allowable amount of air quality delFadation (PSD increment/growth allowance); · the annual average PMl0 standard of SO ug/m2, and · an ~ample safety-margj'n set a 45 ug/m~. 1. PM~0 levels are very low in the majority of the Rogue valley. In these cleaner areas, the .gWwth allowance itself would be more protective than the safety-margi~'n threshold (right side of 2. Ti~ areas where existing PMio levels are highest (left side of the cimrt) represent the White City and Medford industrial areas. In these areas, the growth allowance would allow air quality degradation all the way to up to federal standards. A lower safety-mar~'n could (depending on where it is set) limit the flltllre Erowth of industrial emissions in these areas. It could also · potentially make tiring anew facility in these areas'more diffiaflt. 3. There isa relatively small area in Medford and White City where industrial and residenliaYoomm~,cial land intat~. In these areas, the safety-margin concept .could provide some ..additional measure of health protection The safety-mar~'n conoept will not likely impact the ma~odty of residents in the area (beoause PMi0 levels in these areas are alreadyso low). smaller depending on the raze, type, and location of any new or zxpandmg major muusmm .facilit~ wi=hing~ to locate in tb~o areas. Fi~ffe 1: S~fely-Mar~in Concept Model Est. Annual Avg.'PM10 Impacts 1998 Actual EmissiOns 60.0 50.0 40.0 30.0 20.0 10.0 0.0 1 13 25''37 Optional Safety-Margin --HigUes~ ~O0.~oeVtom , General Geographic Areas Potentially Affected by PM10 Safety-Margin Air QualRy Committee' Diseussion~and Reeommendaflons Many on the ~ommi~c~ ~ th~ saf~.q31flrgin concept, but the Committ~ was not able to agree on on appropriate level for the safety-margin threshold. Below are highlights from the 'Committee's discllssion. EPA ahd'the scientific community have not yet reached any consensus about the risk to public health from lower PMi0 loveis and whetbor or not federal'PM~0'~andards should bo regised. Therofore~ there is at this time a considerable amount of sdentific uncertainty regarding an appropriate level for any PMso zafety-margim Until EPA completes its review of the latest heath effect~ ~mdies, the Depamnent has no clear scientific basis for Selecting a safety*margin level lower than federal standards. 'Hfis means tliat Selecting and justif]ting a PM~0 safety-margin level for the AQMA is as much a policy decision as it is a scientific one. By limifin~ industrial increases to a level below federal standards (through thc usc of a safety- margin), some additional public health protection could bo provided to the populated areas in close proximity to existing industrial areas. This could also be a barrier for existing industries that wish to expand and new industries wishing to locate in the Medford and White City industrial areas. The Committee discuss~ whether or not a safety-margin was needed to protect public health, and if so, what an appropriate PMl0 level would bo. Two main proposals were offered by Cornm~ltoe members.. No safety-margi~'n is needed. The NSR/PSD program should rely on federal PM~0 standards to protect public health. A Safety-margin threshold for NSR/PSD should be established at a level 10 percent lower than current federal PM~0 standards. After d lengthy discussion, the Committee was poled for their recommendation. Eleven members voted in favor of relying on federal standards in the NsR program (i.e. no safety- ~ is medea'). Nme members were opposed, and believe that a PM~0 safety-margin should bo e~ab~ The Department has considered all pempectives, voieed by the Committee in dev. eIoplng the following re~mmendatio~ Departmmt Reeommmdaflon · Tfiv4,,_er for PSD (S!?;f;csnt .Emt~_~_on ~te): The Department agrecswith the CxamniUee's recommenda~on and proposes to ~ the current Si~onifioant F. mission Rate of $ tons/year and 50 lbs/day for PM~0. ' - ~missibn Con, roi Technolo__Ry: The Department agrees with the Committee's · recommendation and proposes to reto!o the current requirement for Lowest Achievable Emission. Rate (LAER) technology. .. Airshed Ms~__e~t A~uro~oh: The ~ent ~mm~ ~ ~e ~t no~~t ~ ~i~ion o~ ~~~t ~ ~1~ ~& &e ~ ~1o~ a~le ~ ~e PSD pm~ ~e ~~t ~fi~ ~t ~ ~mmon~on ~'~ ~fio~ fl~V~ for ~no~o op~~ in ~e AQ~ ~om ~~mp~ ~ PMto ~. ~ ~ wo~d ~ ~ ~~t .~ ~e pl~ d~el~ for ~ P~ ~d ~ F~. PMI0_ Safotv-Mar~n~' In light of public health concerns, the Department recommends that a PM~0 safety-margin be established for the NSR/PSD program. The Departmeot rooommellds the following safety-margin thresholds. Both are approximately 5% below the federal PM~o standards: Annual Avg. PMi0 Threshold: Daily (24-hr avg.) PM~0 Threshold: 48 ug/m3 143 ug/m3 As stated earlier, until more definitive public health information becomes available, the selection of a safety-margin threshold is largely a policy choice. The Department does not consider the recommended thresholds above to be the definitive levels needed to protect public health. They are proposed only to provide an additional measure of public health protection beyond that provided~by the federal PM10 standards. The Department believes that the safety-mar~n; combined with the elimination of the current emission offset program, will allow si~onificant additional flexibility for new and expanding industry while also protecting public health. The Department iS seeking public comment on its recommendation and other possible alternatives. ,ti J, I, ). RESOLUTION NO. 2003- ~RESOLUTION TO MAINTAIN OR IMPRO~ AIR QUALITY STANDARDS RECITALS A. The City of Ashland is situated in the Rogue Valley, where the topographic effect of the sun'ounding mountains and the shape of the valley prevent lower level winds from clearing the air, thereby creating an inversion layer that traps air pollutants; B. The quality of the air we breathe is directly related to health of Ashland and Rogue Valley residents, with our young, ill, and elderly people especially vulnerable to air pollution; The City of Ashland consistently invests in urban and transportation design to encourage alternative and publ.ic transportation to reduce air and noise pollution and improve the health of our residents; D. The economic health of any region is dependent On the knowledge and perception of citizens and businesses that it is a safe place to live; E. The Rogue Valley has made huge improvements in air quality in the last 20 years; F. At the current level of PMl0 daily averages, EPA's Draft Particulate Document of 6/30/2003 would still place the Rogue Valley above the 95th Percentile for the worst air quality in the US; G. The pending Medford-Ashland PM~0 Attainment and Maintenance Plan with Oregon DEQ proposes to ease restrictions on PM~0 pollution to allow increases to nearly double current levels. THE CITY COUNCII. OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. We request that the Medford-Ashland Air Qimlity Advisory Committee withdraw the Medford-Ashland PMl0 Attainment and Maintenance Plan under consideration by Oregon DEQ and continue to work on a plan that maintains or improves the current level of air quality in the Medford-Ashland Air Quality Maintenance Are~ SECTION 2. We requczt that the Oregon DEQ cease consideration of the current Medford-Ashland PMl0 Attainment and Maintenance Plan and continue to work with the Medford- Ashland Air Quality Advisory Committee to craft a plan that maintains or improves the current level of air quality in the Rogue Valley. 'SECTION 3. This resolution takes effect upon signing by the Mayor. DP.4FT 1/9/03 This resolution was read by title only in accordance with the Ashland Municipal Code 2.04.090 duly PASSED and ADOPTED this day of ,2003. Barbara Christensen, City Recorder SIGNED and APPROVED this __day of ,2003 Alan W. DeBoer, Mayor Reviewed as to form: Paul Nolte, City Attorney DRIFT 1/9/03 RESOLUTION NO. 2004- A RESOLUTION TO MAINTAIN OR IMPROVE AIR QUALITY STANDARDS Recitals: The City of Ashland is situated in the Rogue Valley, where the topOgraphic effect of the surrounding mountains and the shape of the valley prevent lower level winds from clearing the air, thereby creating an inversion layer that traps air pollutants; The quality of the air we breathe is directly related to the health of Ashland and Rogue Valley residents, with our young, ill and elderly people especially vulnerable to air pollution; The quality of the air we breathe is directly related to the quality of life in Ashland and the Rogue Valley; and The economic health and development of any region is dependent on the knowledge and perception of citizens and businesses that it is a safe and desirable place to live; and The Rogue Valley has made huge improvements in air quality in the last 20 years and the new air quality maintenance plan should include creative ways to address the transportation contribution to air quality, to monitor and analyze for the current sources and kinds of particulates, .to link private source contributions to the improvement of public vehicular sources of pollutants and to identify solutions without allowing an increase in measured pollutants in the total Air Quality Maintenance Area (AQMA). THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1 .We request that the Oregon Department of Environmental Quality (DEQ) include the Emissions Offset (option #1 ) in the proposed Medford-Ashland PMIO Attainment and Maintenance Plan (Plan) and to remove the Growth Allowance from the draft plan. SECTION 2.We request that the proposed Plan be submitted to the Federal Environmental Protection Agency (EPA) with the Emissions Offset option and that the DEQ continue to work with the Medford Ashland Air quality Advisory committee to monitor and improve the current level of air quality in the Rogue Valley. SECTION 3. We request that the proposed Plan include a strategy for emission offset exchanges between industry (point) sources and vehicle (non-point) sources, an approach taken in other regions of the country and one that benefits both the public and private sectors. SECTION 4. We request that the proposed Plan include a strategy to monitor both PM10 and PM2.5 and to analyze the specific point and non-point sources of these pollutants with the obiective to identify specific ways to further improve air quality in the AQMA in respect to respiratory illnesses. H:\RecentV~,dmin\Council\Kate DEQ resolution.wpd SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this ~ day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this __day of ,2004. Reviewed as to form: Alan W. DeBoer, Mayor Paul Nolte, City Attorney 2- H:\Recent~Admin\Council\Kate DEQ resolution.wpd Page 1 ~ From: To: Date: Subject: <AIBodin@aol.com> <council@ashland .or.us> 1/6/04 3:34PM Input on" Particulate Matter" To the Mayor and all City Councilors: We are unable to be present at the City Council meeting this evening in which the issue of "particulate matter" is on the agenda. As Ashland residents, we wish to express our firm opposition to the Jackson County Commissioners proposal to reduce our standards and allow for some "degradation of air quality." The Rogue Valley is already considered to have one of the poorest ratings in the country. We reside in a basin wherein both weather conditions and valley topography create an inversion layer. Having relocated from Los Angeles almost twenty years ago, we have experienced what inversion means whereby pollutants end up being contained and trapped in a virtual bowl. Like Los Angeles, automotive increase due to population growth and industrial contamination are typically the culprits. The Jackson County Commissioners wish to reduce current standards because there is a misguided claim that there is now room for "degradation of air quality". Such muddled thinking, for example, is tantamount to espousing the belief that since we now have improved medical treatments for lung cancer, we can, therefore, once more encourage people to smoke. Such a fuzzy rationale is irrational in terms of citizen health. In a recent study, further lessening of air quality standards showed that 10 microns/cm will increase liver cancer by 8% and heart disease deaths by 6%. We have relayed our concerns to the Jackson County Commissioners and wish to do likewise to our City Council. Under no circumstances do we accept the notion that air quality standards should be lessened. The health and well-being of all citizens must be preserved by providing an environment of the highest possible standards - not the lowest. Please support this basic concept to protect the air we all breathe and to achieve the best of standards possible. please adopt a resolution opposing DEQ's PM-10 pollution proposal I am here to request that the Ashland City Council adopt a resolution in opposition to DEQ's PM-10 proposal prior to their January 21 public hearing. I have very deep concerns about the pollution increase DEQ's proposal will allow. What's wrong with the DEQ proposal? Specifically, their request to eliminate the emissions offset requirement and replace it with their proposed "growth allowance." The emissions offset requirement has been the primary regulation which has inhibited a growth in industrial polution in our valley. DEQ's proposed plan allows up to 48 micrograms per cubic meter of particulate pollution--matching White City's pollution level--throughout the valley. Ashland now has levels between 16 and 20 micrograms; this would allow a tripling of particulate air pollution in most of Ashland. Our county today ranks in the dirtiest 10% for particulate emissions among all counties in the United States, which includes many large metropolitan and industrial centers. Topographically, our valley is one of the two worst smog- entrapping valleys in our nation. Jackson County's highest annual particulate level last year was significantly higher than any other county in Oregon containing a moderate or large-sized city. The DEQ so far is using economic benefits as their basis for proposing an increase in pollution. DEQ's jusitification is based upon the supposed economic benefits of industrial job-growth, relaxed industrial regulation procedures, and the threat of losing federal transportation funding. Back in 2001, the US Supreme Court ruled that the EPA is not allowed to consider cost when setting national air quality standards and that that the EPA should regulate air quality solely based upon considerations of public health and welfare. So now Oregon's DEQ, which regulates our air on behalf of the EPA, is using a cost-based justification contrary to that Supreme Court ruling. Not even the cleanest corners of our valley currently meet the lower particulate levels suggested in the latest scientific health evidence from the EPA, and yet DEQ's new proposal would allow far more pollution than we currently inhale, in direct contradiction to EP^'s mandate to protect public health and welfare. Industry is the major source of the particulates which exaccerbate hear1 and lung diseases and cause premature death. Even if it were legal for the DEQ to be considering such economic aspects, they have provided zero data to support their economic case. In the last 20 years, Rogue Valley's economy has shifted away from timber and agriculture to a services economy that is heavily dependent on tourism, recreation, and retirees. Today less than 5% of our county's jobs are from polluting manufacturers. The county's population has grown almost 50% since the 80's and yet our air quality has improved dramatically. This evidence refutes the assertion that jobs growth requires more pollution. I believe that increased pollution would make our community less desirable and could negatively affect most business investments and home values. To protect federal transportation funds it is absolutely not required, nor necessary, to relax PM-10 standards, as DEQ conceded at the last public hearing. DEQ's goal is to achieve the federal designation called "attainment," meaning we're in compliance with federal air quality standards. To our local air breathers, "attainment" would actually bring no benefit, it would simply give the DEQ greater power to regulate pollution levels... UP, as their current proposal indicates. DEQ will allow industry to pollute up to 5% below the maximum federally allowable pollution level. They call this 5% margin a "safety allowance." That's like locking someone inside a smokestack and giving them a cheap facemask as a "safety allowance." Currently regulation occurs before industry expansion is allowed, but DEQ's proposed growth allowance would let polluting industries exceed their elevated "safety margin" before regulating them. And even then, the budget of the local Medford Office of the DEQ does not have sufficient funds nor staff to handle a "monitoring" approach to air pollution regulation. In summary, lifting the emissions offset requirement would make it possible and very desirable for major polluting industry to locate in the I-5 corridor close to homes, offices and retail businesses in Ashland, Talent, Phoenix, Jacksonville, and east Medford. Please pass a resolution against DEQ's dangerous pollution proposal. In addition, it would also help if city council members would be willing to speak at the DEQ public hearing in opposition to DEQ's proposal, and use whatever influence you each may have to stop the proposal. If you need more information, I have sources and documentation to show that all of DEQ's arguments are nothing but smoke. Thank you. Michael Riedeman 488-3199 michael@muzzybeat.nel TO: FROM: DATE: RE: MEMORANDUM City Council Members Alan DeBoer, Mayor ~ January 2, 2004 CITIZENS' BUDGET COMMITTEE January 6, 2004 City Council Meeting There are two positions on the Citizens' Budget Committee that expire December 31, 2003. They are: · Raymond Olsen (1st appointed 10/01) Requests reappointment to December 31, 2006. · Russ Silbiger (1st appointed 1/01) Requests reappointment to December 31, 2006. One reply was received as follows in response to the advertisement in the Ashland Daily Tidings, the city's Web site and the notice board in City Hall. · Ed Small, 435 Terrace Street - 482-7602 Council members were previously provided a copy of the application to be given the opportunity to meet or talk with the interested applicant if they chose to do so. Please appoint or reappoint two members for terms to expire December 31, 2006. City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 ° Email: awdb@aol.com TO: FROM: DATE: RE: Office of the Mayor Alan l~. DeBoer MEMO City Council Members Mayor Alan DeBoer January 2, 2004 Council Liaison Appointments January 6, 2004 Council Meeting Listed below are the City Boards and Commissions. At the January 6, 2004 City Council meeting council liaison appointments will be confirmed and will be effective immediately. Airport Commission Ashland Fiber Network Programm Comm Audit Committee Band Board Bicycle & Pedestrian Commission Conservation Commission Forest Lands Commission Historic Commission Hospital Board Housing Commission Parks & Recreation Commission Planning Commission Public Arts Commission Senior Program Board Traffic Safety Commission Tree Commission Mayor DeBoer Alex Amarotico Mayor DeBoer Don Laws John Morrison Alex Amarotico Chris Hearn John Morrison John Morrison Kate Jackson Cate Hartzell Alex Amarotico Kate Jackson Chris Hearn Don Laws Cate Hartzell City Liaisons to Other Boards (Ashland): Ashland Community Land Trust Woodland Trails Association Parks & Trails Committee Mayor DeBoer Chris Hearn Chris Hearn Regional Boards: Medford/Ashland Air Advisory Bear Creek Greenway Committee Bear Creek Valley RPS Committee Chamber of Commerce Board Metropolitan Planning Rogue Valley Council of Govt. RVACT So Or Regl Econ Dev Inc (SOREDI) Kate Jackson Chris Hearn Kate Jackson Mayor DeBoer Mayor DeBoer Mayor DeBoer Mayor DeBoer Chamber (Sandra Slattery) City ofAshland · 20 East Main Street · Ashland, OR 97520 ° (541) 488-6002 ° Fax: (541) 488-5311 · Email: awdb@aol.com Council Other (Locial only, not appointed American Institute of Inspectors Ashland Housing Options Ashland Emergency Food Bank Ashland Rotary Foundation Ashland Watershed Partnership Ashland Watershed Stewardship All. Bd. of Dir. Talent Historical Soc. Ja. Co. Natural Resources Adv. Comm Or. State Bar's Land Use Section Rotary (Lithia Springs) Talent Parks & Recreation Comm YMCA Finance Committee (Above information provided by councilors) by Mayor): Chris Hearn Cate Hartzell Kate Jackson Mayor DeBoer Kate Jackson Cate Hartzell John Morrison John Morrison Chris Hearn Chris Hearn John Morrison Mayor DeBoer Council/Memo to Council re Council Liaisons 2004A From: Paul nolte To: Alan DeBoer Date: 1/6/04 2:28PM Subject: Appointment of liaisons Alan, appointment of liaisons varies from commission to commission. For the housing commission, a commission created by resolution 95-25, the mayor appoints "nine voting members, one of which shall be a city councilor appointed by the Mayor as liaison to the commission .... The voting members shall be appointed by the Mayor, with confrimation by the City Council." (Section 1, Resolution 95-25) Section 2 of this same resolution states that the "term of the council liaison shall be for one year." For the airport commission, the mayor is to appoint "nine voting members, one of which shall be the Council person appointed by the Mayor as liaison to the Commission .... The voting members shall be appointed by the Mayor, with confirmation by the City Council." AMC 2.23.010. AMC 2.23.020 provides that the "term of the council liason person shall be for one year." CC: Fran berteau; Shadene stephens CITY OF - SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Update on Strawberry Lane Property Planning Department January 6, 2004 John McLaughlin, Director of Comity Development Gino Grimaldi, City Administrator~ On November 4, 2003, the City Council directed staff to begin efforts to partition and sell the Strawberry Lane property, with the proceeds from the sale going to the establishment of the Affordable Housing Trust Fund, while also addressing the need to perhaps buy out the CDBG funds in The Grove. Attached is a map of the Strawberry Lane area, showing the City's property in relation to the recent subdivision activity in the immediate area. There are two options available for the partitioning of the property - one being to partition the lot into three parcels through a minor land partition process (three being the maximum number of lots that can be partitioned at one time) - and the other being to create three lots now, but divide the third lot a year from now, creating a total of four lots for sale. Staff would recommend creating Lots 1 and 2 for sale now, with the combination of Lots 3 and 4 being partitioned in one year and sold after that time. Staffbelieves that the four lot partition provides the greatest public benefit, while also creating lots that are compatible with the development pattern of the surrounding neighborhood. Recommendation: It is recommended that the Council direct staff to prepare and submit an application to partition the properOj on Strawberry Lane into, ultimately, four lots. Two lots would be available for sale after the initial three-lot partitioning, and two additional lots would be available for sale approximately one year later. Fiscal Impact: The sale of the lots will provide funds for the creation of the Housing Trust Fund, as well as provide funding to buy out the CDBG portion of The Grove. Background: Maps of the property are attached, as well as thc previous council communication regarding the potential sale of the property. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Vicinity Map Proposed Lot Partition Neighborhood Map with Proposed Partition Survey Map Council Communication - November 4, 2003 Council Meeting Minutes - November 4, 2003 .'_YO R 2.50 N89° 51'44" W Acres BOUNDARY 330.005' LINE AGREEMENT.~ Doc. No 78-09396 o.r.j.c.o. Zd- 2 ' N 89'~55'41"E 134.31' -. STREET .DEDICATION- 197. 17' ..... - S89°58'II"W Fd. 5/8" Iron Rod w/Alum....--'" Cop mad. CSN 1/64 - _LEGEND 8" deep .1: FEBRUARY 25y 1987 (5: /. / (4) EA$[ BOUNDAR '"-..~.'Doc. No. 7~ o.r.j.c.o _CERTIFICATE ~sional Land Surveyor of the State of conformable fo the field notes and the he requiremenf.~ n.a ......... 67. I/2"deep -+ '-SOUTH BOUNDARY N I/2 SW I 8EARING/DEI_'TA LENGT'H RADIUS- ( I ) ,A=89o50'26'' 47.04' 30.00' (2) N89o58'II"E (3) 4=50o41'37'' 88.475' I00.00' (4) N 39Ol6'34"£ 44.70' (5) A=15o04'40'' 32.500' 123.500' .11 L I /©~'I I 1 / / X I \ / ~'~! / / 1 I 1 ~'Z t- (/3 I I (I ;YOR 2.50 Acres BOUNDARY N 89° 51'44" W LINE AGREEMENT,_: Doc. No. 78-09396 o. r.j,c.o. $30.005' ROAD 8 PUBLIC UTILITY EASEMENT PARCEL No. 2 2.09 Acres 23.5' hJ _ · ~ 197. 17' -2----~Se9°58 II W Fd. 5/8' Iron Rod w/Alum./ cap mkd. CSN ~/64 - ~EGEND ~.,, ~,.~,,. NIl2 SW 8" deep + BEARING/~E~TA L~NGTH ~ADIUS FEBRUARY 23~ 1987 (I) &:89o50'26'' 47.04' 30.00' (2) N89OSs'Ii"E 36.il5' (3) A=50o41'3T'' 88.475' I00.00' (4) N 39o 16'34"E 44.70' (5) .~=15004'40'' $2.500' 123.500' CERTIFICATE 3sionol Lond Surveyor of the Store of conformoble to the field notes end the he requiremenf.~ ,-,,,~ ......... .LL L I CITY OF -ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Ashland Housing Commission Request to allocate Strawberry Lane Property as an Asset of the Affordable Housing Trust Fund Planning Department November 4, 2003 John McLaughlin, Director of Community Development Gino Grimaldi, City Administrator Synopsis: The City's adopted Affordable Housing Action Plan contains a strategy to create an affordable housing trust fund and identify and develop long-term and stable funding sources to support the City's efforts to develop affordable housing. While the Housing Commission is still investigating options for developing stable and continuous funding sources, interim bridge funding is needed to enable thc City to leverage public funding sources currently available and facilitate the development of affordable housing in the near term. The Council has previously discussed the option of selling or trading some of its real property assets (particularly City-owned lots on Strawberry Lane) to provide an interim source of revenue for the trust fund or for an alternate site that could suitably be marketed for affordable housing development. The Housing Commission voted unanimously on 9/24/03 to request that this action be accomplished as soon as possible. To facilitate this effort, the Commission requested that steps be taken to establish the affordable housing trust fund as a City special revenue fund and allocate or assign the real property assets on Strawberry Lane to the trust fund. With these assets specifically reserved to the affordable housing trust fund, City staff will be in a better position to potentially leverage other public funding sources and evaluate and develop plans for its most effective use. Recommendation: Staff recommends that the City Council establish the Affordable Housing Trust Fund, and allocate thc real property assets on Strawberry Lane to thc trust fund. Fiscal Impact: The Strawberry Lane property encompasses approximately 2.5 acres of land, with the potential to be approximately four separate single family lots. Lots in the area have been listed in excess of $300,000. Background: Minutes of the 9/24/03 Housing Commission meeting and a map of thc city's property are attached to this communication. http://www.ashland.or.us/PrintContentView.asp? ID= 1 ... Councilor Morrison pointed out the need to hire a new Housing Program Specialist, and asked when that would be completed. Community Development Director John McLaughlin clarified the advertising for this position will start next week, and will be done on a much smaller scale than for the previous hire. He also stated they have looked at the previous applicants, and will be calling some back for another interview along with the new applicants. Councilor Hartzell asked when the Riparian Ordinance would be developed. McLaughlin explained the inventory is the first step, but that they may be able to complete this prior to the timeline provided, and will know more after the November 20th meeting with the consultant. The Council decided on the 9th and 10th of January to work on goal setting. Councilor Hartzell asked why the activity for continued efforts for aggressive water conservation practices had been crossed out. City'Administrator Gino Grimaldi stated these efforts are mainly targeted during the summer months and that the summer water season is over. Paula Brown clarified that it is only crossed out because they are doing it, and continuing to put effort towards the water Communl ohn McLaughlin explained the Housing Commission has asked that the Council move forward with the signing of the Strawberry Lane property as an asset of the Housing Trust Fund, and direct staff to see that this happens. Councilor Laws asked if Staff has talked about this idea, and asked if there are any needs that should be considered along with this proposal. 8 of 17 City Administrator Gino Grimaldi stated they have not had 1/2/04 11:25 AM L I http://www.ashland.or.us/PrintContentView.asp?ID= 1... a lengthy discussion, however they are dealing with a one time source of money, and would want to avoid using this for ongoing programs. He also stated it is appropriate to use this for a one time expenditure, such as the Housing Program. Mayor DeBoer explained that the prior City Administrator, Brian AImquist purchased a large piece of land at the top of Strawberry Lane to install a water storage tank as part of the City's water delivery system i Included in this purchase was some land that he felt could be sold at a later date. They have since completed the installation of curbs and gutters at the Strawberry and Westwood intersection. There are now 3 or 4 highly desirable lots that could be worth $300,000 or $400,000 per lot that the City has clear title to. The discussion is now where the proceeds from this land would go. DeBoer suggested that some of the funds go towards removing the Grove, which would put the funds back into the CDBG process they just completed. He also suggested not to commit themselves to a project until the property has been sold. Councilor ~lackson stated she supPorted the idea of using the funds as seed money for the Affordable Housing Trust. Councilor Hartzell asked how many parcels are they dealing with, 3 or 4, and questioned the urgency. McLaughlin explained that 4 parcels would require a sub-division, and a more lengthy process; while 3 parcels could be done rather quickly as a partition. McLaughlin further clarified there are 4 potential lots on the land. Mayor DeBoer stated he would prefer to sell two lots, wait a year, and then sell the other two lots. Councilor Hearn advocated allowing other stake holders to come forward and make a proposal for the use of the funds. Hearn also stated that if they went through the sub-division process and maximized the number of lots to four, it would take longer, but it would also maximize the profit. Councilor Laws suggested putting all of the funds into "one pot", stating it was enough money to do something with 9 of 17 1/2/04 11:25 AM http://www.ashland.or.us/PrintContentView.asp?ID= 1 ... when its all together, but might not be if it starts to get divided up for different projects. Laws also asked Staff how long the sub-division would take. McLaughlin responded 3 to 4 months, however they may run into problems and have to do a two step process of partitions in order to create the four lots. Laws further commented that he feels that the housing "bubble" is going to burst, and there is a good chance that the housing prices will level off or go lower, and supports moving quickly on this matter. Eric Navickas/711 Faith/Stated he does not support selling the Strawberry Lane property or allowing high income development, but rather supports open space. Navickas proposes contributing the city owned land to the Ashland Land Trust or to RVCDC as a better way produce affordable housing. Rich Rohde/124 Ohio/Stated he strongly supports the dedication of the Strawberry Lane 'property to the Affordable Housing Trust Fund. Rohde explained that obtaining a dedicated source of revenue for the Trust Fund is key to obtaining affordable housing in our community. Jennifer Henderson/321 Clay/Stated she supports dedicating the Strawberry Lane property to the Affordable Housing Trust Fund. Henderson does not feel that the lots would be suitable for Iow-income, affordable housing as Navickas suggested. She also expressed this is an opportunity to allocate funds to affordable housing and to give the City the chance to be available to reach out towards matching grants that are available. Councilor Hartzell / Morrison m/s to request that Staff assess the options of the scenarios and include a timeline in order to understand the trade-offs. DISCUSS:ION: Councilor Hearn stated this is a good time to move forward now that the LTD has been completed. Councilor Laws expressed his concern that they leave the option to use the funds for the Grove open. Councilor Jackson / Amarotico m/s to amend the motion to dedicate the proceeds from the lands for affordable housing, including the option for using it as CDBG funding. DISCUSSION: Councilor Hearn 10 of 17 1/2/04 11:25 AM ,LI, L I http://www.ashland.or.us/PrintContentView.asp?ID= 1... expressed his concern over stifling public opinion, and does not see the benefit of dedicating the funds right now instead of waiting 4 or 5 months until the partitions are completed. Councilor .lackson stated passing this now would portray the Council's commitment to getting the Housing Action Plan implemented. CouncilorMorrison stated this was two issues, and thinks that they should be handled separately. Morrison explained he is very open to the possibility of using this funding for affordable housing, but feels it is premature to dedicate the funds at this time. Voice Vote: Laws, Amarotico, Hartzell, Jackson and Hearn, YES; Morrison, NO. Motion passed. Vote on original motion: all AYES. Motion passed. 2. Request from Allan Frank Sandier to Purchase Air Space above Hargadine Parking Structure for 20-unit Affordable Housing Project. Community Development Director John McLaughlin explained that the Hargadine Parking Structure was constructed in a way that allowed for future development of additional levels to be added. McLaughlin also noted that the Housing Action Plan has a policy that the City should consider looking at its parking lots as opportunities for affordable housing. Since the parking structure has been completed, RVCDC has had some preliminary ideas for housing on top of the structure, and now the Council has received a formal request from Mr. Sandier. Mr. Sandier is requesting to purchase the air space above the parking structure for the development of 20 affordable housing units, utilizing tax credits as a way to finance. Mr. Sandier is also proposing that a deed restriction be placed on the property guaranteeing the units remain affordable for 60 years. McLaughlin stated that this proposal is in the very preliminary stages and Staff is seeking direction as to how to proceed. Staff has put forward 5 options for the Council to consider: 1) proceed with exclusive negotiations with Mr. Sandier 2) prepare a Request for Proposals to allow other developers to submit ideas 3) refer the request to the Housing Commission 4) evaluate all of the City parking lots, not just Hargadine 5) maintain the parking structure as is, and not entertain 11 of17 · 1/2/04 11:25 AM CITY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Reviewed By: Synopsis: Amendments to Communication Services Subscription Agreement with Medford Police, Fire, Legal, Finance, and Administration January 2, 2004 \ /~ ,,~ . _~. Michael Bianca, Chief of Police )/~/~ Gino Grimaldi, City Administrator' LIt/~. '- On February 28, 2003 the city of Ashland entered into an agreement with the city of Medford to provide for police and fire communication services (Attachment I). An amendment to the agreement (Attachment II) is needed to deal with the following issues. 1. Transfer of Ashland's dispatch consoles and associated equipment in exchange for Medford assuming all initial costs for connecting the Ashland's radio equipment to the Medford Communications Center (RVCCOM). 2. Parmering with Medford for software purchase used in the mobile data computers. 3. Providing monitoring of the Public Works radio channel after hours when crews are activated by RVCCOM. As an informational item, Ashland Police will pay to Medford $23,403 to fulfill existing contract requirement for dispatchers transferred vacation and sick leave banks. State law requires that this payment be made. It was not anticipated during the preparation of this year's budget but can be accommodated due to the savings incun'ed by transferring the city of Ashland's dispatch consoles to the city of Medford. Recommendation: City Council authorize the Chief of Police to execute the proposed amendment to the communications services subscriptions agreement with the city of Medford. Fiscal Impact: Fiscal Impact for each are item are as follows. 1. The transfer of equipment saves the City of Ashland paying $47,100 for the city's share of connecting the equipment to RVCCOM. 2. Cost to the city of Ashland will be $46,288. Seventy five percent of this cost qualifies for funding under an existing technology grant. Ongoing costs will be maintenance fees ($2500/yr) and operational charges ($7200/yr using ATT aircard). This year's budget can accommodate the purchase cost and the operating costs. 3. The city of Medford has agreed to monitor the city of Ashland Public Works Channel and page employees during emergencies at no additional cost. .11 L I Background: Transfer of Equipment/Communication Linkage The City of Medford is proposing to change the agreement so they pay for all costs of equipment and labor to create the communications link between the City of Ashland and the City of Medford Communications Center. The amendment to section 4 of the agreement incorporates this change. In exchange the City of Ashland will transfer the Motorola Centracom Gold Elite equipment to the City of Medford. The following are some advantages and disadvantages to transferring the Motorola Centracom Gold Elite equipment: Advantages · Provides the highest possible "sales" value since the equipment will continue to decrease in value · Removes any uncertainty with the ability to find a buyer should the sale take place in the future · Creates space needed for Police Department needs · Eliminates the cost to maintain the equipment in order to keep it functional · Should the city determine that it would like to re-establish a communications center in the future, it is not know if the existing equipment would be adequate to meet the city's needs Disadvantages · Should the city determine that it would like to re-establish a communications center in the future, it will require the acquisition of new equipment · Eliminates the potential to create a secondary communications center in the event that there is a total failure with RVCCOM and the backup systems in place with RVCCOM It is felt that the advantages of trading the equipment to the city of Medford at it's current value outweighs the disadvantages. Should the city of Ashland determine it would like to re-establish a communications center in the future, lack of personnel will be the major obstacle to overcome as opposed to the acquisition of equipment. The specific piece of equipment (ACU 1000) that provides "patching together" of the Medford and Ashland radio systems is new unproven technology. The proposed amendment to section 4 of the agreement provides language that protects Ashland from further costs if it does not function as intended. Mobile Data Computer Software The present computer aided dispatch system manufacturer has created new software for use with Mobile Data Computers. This software is less expensive to purchase and maintain than the software proposed in Schedule B of the original agreement. The Police Department has acquired the necessary hardware for the implementation of the Mobile Data Computers. The use of computers in the vehicles will allow for communications to occur over the computers, provide officers in the field with direct access to information currently provided through the dispatch center and will provide some capability for officers to complete reports in the field. Overall, it is anticipated that the Mobile Data Computers will improve the efficiency and effectiveness of dispatchers and officers in the field. Public Works Monitoring During the original agreement discussion, it was proposed that Ashland Public Works Radio Channel not be monitored at RVCCOM. Since then concerns raised have resulted in requesting RVCCOM to monitor the Ashland Public Works Radio Channel during emergencies. They are willing to do this and it appears the equipment being installed will handle this additional radio channel. Attachments Attachment I - Communications Services Agreement Attachment II - Proposed Amendment Original L I~ COMMUNICATIONS SERVICES SUBSCRIPTION-AGREEMENT Between THE CITY OF MEDFORD an Oregon Municipal corporation, Provider and THE CITY OF ASHLAND an Oregon municipal corporation, Subscriber. AUTHORITY. This Agreement is entered into pursuant to ORS 190.010 (4) PURPOSE. By this Agreement, the Provider shall furnish basic emergency communications services as herein defined, together with extended services as set forth in Schedule C (Extended Service) DEFINITIONS. As used in this Agreement: Basic emergency communications service (basic service) means those services particularly described on Schedules A and B for fire and police agencies, respectively; Board means the Medford Communications Center Board. Business/service call means a telephone or radio call for service handled by Provider for the Subscriber, and which is not a 9-1-1 call. CCOM, is an acronym that stands for Central Communications Extendedservlces are particular services provided by Provider beyond those included as basic service, particularly described on Schedule B. Field-itdtlated request means a communication which is handled by Provider from one of the Subscn'befs service units in the field. Incident means either a 9-I-1 call, a business/service call, or afield-initiated request as those Terms are herein defined, that generates an incident number for the Subscriber. Manager, means the Medford 9-1-1 CCOM Communications Manager. 9-1-1 call means a telephone call for service received over a 9-1-1 line. Provider means the City of Medford $ORC is an acronym that stands for the Southern Oregon Regional Communications Center Communications Services Sub~ription-Agreement Subscriber, where used in the plural or generic context (not capitalized) means any public agency subscribing to basic service from Provider under similar contract. Supervisor, means the Medford 9-!-1 CCOM Communications Supervisor. System Delivery and Services, means the shared computer aided dispatch, police, fire, and EMS System intended to serve the parties as referenced in this agreement. End user participation and connectivity to the system shall be the responsibility of the user. An agency wishing to access the system shall be directly responsible for the purchase of ali specified equipment, licenses, and installation services. An agency accessing the system shall be responsible for all maintenance, upgrades, and replacement of their equipment. COMMUNICATIONS LINKAGE AND MAINTENANCE. Subscriber shall independently, at their own expense, provide or arrange for installation, implementation, maintenance and support of all lines and equipment necessary to transmit telephone, radio and radio microwave signals to and from Provider's receiving point. Provider's responsibility is limited to accepting communications at its center and generating communications compatible with Subscriber's communications links. Provider shall have no responsibility for maintenance or support of communications lines and equipment except to contract with Qwest Communications, its subsidiaries, successors or approved Contractors for 9-1-1 and E-9-1-1 lines and equipment, and to provide for maintenance of other equipment and software required for Provider's effective operation of the system. DISPATCH PROCEDURES 5.1 Not later than 14 days prior to its effective date, Subscriber shall furnish Provider a complete copy of any proposed new or revised procedure, which would affect Provider's operations. Within 14 days after receipt, Provider shall notify Subscriber of any provision, which is incompatible with Provider's operating needs. Unless Provider gives such notice, any such new or revised procedure shall be accepted and implemented by Provider no later that ! 5 days after its receipt. Subscriber may designate a particular procedure change as critical, whcre that change is required by court order or other exigent circumstances. Provider shall, to thc extent possible, implement immediate procedures, which accommodate the change. If any such procedure is incompatt~ole with Provider's operating needs, Provider shall notify Subscriber of the reasons therefore while still implementing thc change to the greatest extent possible. 5.3 If Subscriber and Provider cannot informally resolve any dispute under paragraph 5.1 or 5.2 as to dispatch procedures, either party may request that the differences be reviewed by the Board, as provided in paragraph 7.6. 5.4 Provider shall train its personnel in those of Subscriber's procedures and regulations, which Provider deems necessary to effectively dispatch and communicate with Subscriber's personnel. Provider will Irain Subscriber's personnel as need is determined by Provider and Subscriber. Training of Subscriber's personnel will consist of radio procedure, introduction and review of the emergency communications system, and topics that the Subscn'ber and Provider agree will promote efficient and effective use of the communications system. 5.5 Subscn'ber shall provide and continuously update current personnel work schedules and information necessary for Provider to contact Subscriber's on-call personnel. Communications Se~ices Subscfiption-Agrcem~t 7o ADMINISTRATIVE RESPONSIBILITY. 6.1 Provider shall have full authority and responsibility over hiring, training, discipline, scheduling, and assignment of personnel assigned to perform and to supervise services provided under this Agreement. Provider shall have full discretion and authority to assi~on priority service among conflicting service demands at any given time. 6.2 Provider may contract to provide services to other agencies at its discretion; however, Provider shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to Subscriber. BOARD. To assure the best possible service to the Subscriber and other subscribers, and to provide an avenue for operational and budgetary input from the subscribers, the Subscriber shall be entitled to participate with other subscribers in a Board, having the authority, responsibility and functions described in this section. 7.1 The Board shall perform the following functions consistent with laws, ordinances, other agreements, and sound management practices: 7.1.1 Recommend phone answering and dispatch protocol, procedures and policies related to service delivery (including participation in determining 91 I/PSAP service if such service is transferred to another entity). 7.1.2 Recommend dispatcher training criteria and program related standards. 7.1.3 Recommend equipment replacement and improvement in order to maintain a progressive standard within the communications center. 7.1.4 Recommend general dispatch standards including timeliness, unit designator, and radio language. 7.2 COMPOSITION: The Board shall consist of one representative from each subscriber agency chosen by thc Subscriber Agencies as provided in this section, and one representative chosen by the Medford Chief of Police. 7~..I The Manager shall chair the Board and serve as the Board representative for thc Medford Police Department. In the absence of the Manager, the Manager shall designate a representative to chair the Board. In the absence of a Subscriber Agency representative, the Subscriber shall designate a representative to act on its behalf. 7.3 MEETINGS: The Board shall meet on a semi-annual basis. Thc next regular meeting date and location shall be established prior to adjourning each regular meeting. The Chair may call a special meeting at any time following a minimum of twenty-four (24) hours notice to all members. The Chair must call a special meeting within seventy- two (72) hours following a request to do so by any member of the Board, or by the Medford Police Chief. Meetings shall be held to correspond with the Manager's annual budget recommendation to the Board, on or about February I. The second meeting shall be held following thc termination of thc fiscal year, on or about July 1. Communications Sa'vie, cs Subscription-Agrcemcnt 7.4 7.5 7.6. RECORDS: The Chai~ shall keep the records of the Board. A location shall be provided by the lVledford Communications Center as a permanent and accessible depository for ali Board records. All Board correspondence shall be in written form and copies maintained with the Board's records. Subscribers shall be provided a copy of all Board m. eeting records. ADVISORY POWERS: The Board is advisor~ to the Chief of Police of the City of Medford, and to the governing bodies of Medford Communications Center subscribers. Consistent with laws, ordinances, and other agreements, the Medford Communications Center Manager shall comply with recommendations regarding service delivery from the Board, after approval by the Chief of Police of the City of Medford. DISPUTE RESOLUTION: 7.6.1 An individual subscriber having a concern affecting its service, may go directly to the Manager to resolve the situation. If the issue is not resolved to the satisfaction of the subscriber, the subscriber may then go to the Board. 7.6.2 If the issue is not resolved to the satisfaction of the subscriber by the Board, the subscriber may bring the matter before the Chief of Police of the City of Medford, who shall investigate and recommend a resolution. In the event the issue is not resolved by the Chief of Police to the satisfaction of the subscriber, the subscriber may appeal to the City Manager of the City of Medford. 7.6.3 Should Subscriber raise a concern that substantially affects other subscribers or the overall functioning of the center, the Manager shall refer the concern to the Board. 7.6.4 The Board's responsibility is to review the facts surrounding the dispute and attempt to mediate. Should the dispute be unresolved after the efforts of the Board, the ' Board shall forward a complete report of its findings and its efforts at mediation to the goveming bodies of the Providel' and the Subscn~. Neither party shall initiate any action at law, nor resort to any other legally available remedy without first having followed the procedure required by this section. 7.7 ANNUAL BUDGET RECOMMENDATION: 7.7.1 Thc Manager shall seek thc advice and recommendations of the Board to prepare his or her proposed budget, including desired service levels and subscriber assessments for each ensuing fiscal year. Prior to submitting a budget to the Chief of Police, the Managcr shall submit a proposed budget to the Board for approval and recommendation to the City's budget officer. Failure of the Board to approve a budget within two wceks prior to the deadline for submitting the budget to the Medford Finance Department shall relieve the Manager of obligation to seek Board approval.' 7.7.2 The Board and the Manager shall abide by the budget adopted by the Medford City Council with respect to any and all fiscal matters affecting the financial responsibility of subscribers to the Medford Communications Center. Any program or operational changes having expenditures requiring a supplemental budget under Oregon Communications Service~ Subsoription-Agre~mont 4 .11 L I, 10. 11. 12. Local Budget Law must go through all budget preparation and review stages involving the Board, as set forth herein. FEES. Subscriber shall pay an annual fee for services under this Agreement. That fee shall be computed as provided in Schedule C (Fee Schedule). Fees shall be due and payable in advance in equal quarterly installments as set forth in Schedule C. Should Subscriber be in arrears in payment of its fees hereunder, such default shall not be deemed a material breach unless Subscriber's entire account balance is still unpaid more than 45 days after written notice by Provider of intent to terminate. RISK ALLOCATION. Neither party or its officers 'and employees shall be considered the agents of the other for any purpose. Each party agrees to indemnify the other from each and every claim which the indemnitor would be legally liable to pay if. (a) a claim asserting the same loss or injury were made directly against the indemnitor, whether or not such a direct claim is actually made; and Co) the loss or injury sustained by the complainant resulted from the acts, errors or omissions of the indemnitor or those for whose actions the indemnitor is responsible under the Oregon Tort Claims Act. This mutual right to indemnity is in addition to and not in lieu of any other right of contribution or indemnity which may exist in favor of either party under Oregon Law; and the right to indemnity extends to officers, employees, and agents of the indemnitee party for claims made against them because of their actions or capacity as such. "Indemnify," as used herein, means to indemnify, defend, and save harmless. TERM AND TERMINATION: This Agreement shall be in effect commencing on the date of execution as set forth below and ending June 30, 2008. This Agreement shall be automatically renewed after the original term unless either party provides notice to the other as provided in this paragraph eleven. RENEWAL. Either party may terminate this Agreement at the end of the original term (June 30, 2008) without penalty or cause, by written notice of intent to terminate delivered to the other party no later than January 1, 2007. If no such notice is given the Agreement is automatically extended and shall remain in effect between the parties unless terminated in the following manner: After the end of the original term, the agreement may be terminated at the end of any risc. nd year, without penalty or cause, by written notice of intent to terminate delivered to the other party no later than 18 months prior to the end of that fmc. al year. Payment of fees shall be established pursuant to Schedule "C", attached. AME. NDMENTS. The parties may, from time to time, agree to amend the provisions of any schedules attached to this Agreement; provided, however, that the method used to compute Subscriber's annual fee as set forth in Schedule C shall not be amended unless all other subscribers agree to similar amendment. Costs associated with expansion of services, or new (not replacement) equipment shall not be included in the calculation of the basic service fee without the consent of all subscribers. All amendments shall be in writing, and signed by the patties' duly authorized representatives. As used in this section, "replacement equipment" means equipment which replaces a function previously performed by other equipment owned or leased by Provider, and which must be replaced because its repair or maintenance cost equals or exceeds its fair market value. The proposed extended service agreement (Schedule "B") includes: participation in the Computer Aided Dispatch (CAD), Records Management System (RMS), Mobile Data Computer System (MDC), CAD/MDC interface, Paperless Report Writing System, and MDC/RMS interface. Communications Services Subscription-Agreement 13. 14. COMPLETE AGREEMENT 13.1 Schedules A, B, C, and D, referenced herein above, are hereby incorporated as part of this Agreement as though fully reproduced herein. 13.2 This Agreement represents the complete and integrated understanding of the parties with respect to all particulars covered herein. Ali prior agreements, written and oral, are hereby canceled. No prior written or oral representation, negotiation, or statement which conflicts with the terms hereof shall be considered to in any way modify, abridge, or invalidate any provision hereof, and no evidence of such shall be admitted in any proceeding in which the terms and application of this Agreement are at issue. NOTICE Any notice required to be given to Provider under this Agreement shall be given to Provider's Chief of Police. Any notice required to be given to Subscriber under this Agreement shall be given to Subscriber's Chief of Police. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as the dates set forth below. CITY OF MEDFORD, OREGON THE CITY OF ASHLAND ~ City Administrator Date: ~ - ac:: ' t~9 -~ Approved: City of Medford Chief of Police City of Ashland Communications Services Subsctiption-Agrctnncnt 6 ,kL, L I. SCHEDULE A BASIC EMERGENCY COMMUNICATIONS SERVICE FOR POLICE, FIRE AND MEDICAL AGENCIES Answer "business/service" and "~-l-I emergency" calls for service. Dispatch "business/service" and 9-l-] emergency" calls for service. Dispatching operations will be conducted with the use of a computer aided dispatching system, of which Ashland is a member of the regional CAD project. Maintain and record unit status and availability. Paging services for "public safety purposes". (Shall include paging Ashland Public Works for emergencies.) Radio broadcasts of "administrative messages", "attempts to locate", "all-point bulletins", and "Street Closure Announcements". This includes screening ofteletypes and supplying that information to the proper jurisdiction. Provide DMV (Departmem of Motor Vehicle), NClC (National Crime Information Center) LEDS (Oregon Law Enforcement Data System), and Jackson County regional automated information as requested by field units and the Subscriber. Maintain (with mutual assistance) an equipment resource file, responsible persons file, personnel call- up list, programming for CAD files, and deparlment personnel work schedule. 9. Provide public safety telephone messages via the Communications Center. ! 0. Maintain backup radio and telephone equipment; also provide backup emergency power for radio and telephone service for the Communications Center. 1 I. Maintain recordings of all telephon9 and radio communications, provide retrieval at the subscriber's request. Audio-cassette copies will be provided at the subscriber's request. 12. Answer "business/service/emergency" drop line from Ashland Police Department. Phone equipment and lines to be provided and maintained by Subscriber. 13. Provide routine "testing" at agency's request 14. Maintain and update the Geographic Base File (Geo Base). This file will be established in each subscriber agency in conjunction with the City of Medford to cover geographic requirements within the Computer-Aided Dispatch program. 15. Assist with the maintenance and upgrade of MSAG (Master Street Addressing Guide) files for the Enhanced 9-1-1 System. Communications Services Subscription-Agreement SCHEDULE B EXTENDED SERVICES FOR THE CITY OF ASHLAND When systems are available and on-line, Provider will furnish Subscriber with the following extended services beyond Basic Emergency Communications Service as described in Schedules A and B, as applicable: 1. Connectivity to MDC (Mobile Data Computer) interface with CAD (Computer Aided Dispatching) System. 2. Connectivity to RMS (Record Management System) interface with CAD System. 3. Connectivity to CMS (Corrections Management System) interface with CAD. 4. Connectivity to Paperless Report Writing System interface with CAD, at the time that this system becomes available. 5. After hours paging Services for Ashland Public Works Personnel for "Public Safety Purposes" or during emergencies. PACKETCLUSTER CUSTOMER FEES Initial Infrastructure Costs: $2,688 Per Server License - Cl'his includes $1,688 software costs + $1,000 server upgrade) One time charge. Licensing Costs: $695. Client License required for each mobile and LAN-based machine. One time charge. Annual Program Costs: $796. Per Server License (Operating and Maintenance Fees) PACKETWRITER CUSTOMER FEES Initial Infrastructure Costs: $1,440 Per Client License - One time Charge Licensing Costs: $1,750. Per Client License (Includes $750. incident report + $750. Accident Report (one time fee) + $270. First year ~amual maintenance fee.) Annual Program Costs - After the First Year: $270. Per Client License - Maintenance Fee. MDC/CAD INTERFACE Initial Infrastructure Costs: No additional cost ifDispatch/PSAP Service is provided by Medford Police Department CCOM PACKET WRITER/RMS INTERFACE Communications Services Subscription-Agreement ,tI L I, TO be negotiated when implemented. Communications Services Subscription-Agreement 9 SCHEDULE C FEE SCHEDULE FOR THE CITY OF ASHLAND FY 2002-2003 FEES: Subscriber's fee for services provided under this Agreement shall be $337,210 for Basic Service Fee plus negotiated fee for any extended services, less Ashland's 9-1-1 funds. The fees shall be reviewed on an annual basis. Subsequent contract annual base fees shall be calculated on the percentage of workload generated by subscriber in relation to CCOM's total operating budget. 1.1 1.2 Extended Service Fee: For Extended Services, as set forth in Schedule "B", Subscriber shall pay based on service requested and the number of server/client licenses required Fee Formula for DispatchingtPSAP Fees based on the following: 1.2.1 1.2.2 Answering point for all Ashland PSAP calls, non-emergency phones, and after- hours utility phones. Full-Time Dispatch Service to Ashland Police, and Ashland Fire/Medical. .2.3 Ashland will maintain all necessary RF infrastructures to receive Medford's radio transmissions. .2.4 Per ORS 236.610 (4) Co), at the time of transfer, Subscriber shall pay to Provider a sum equal to the number of hours of accrued leave, retained by the transferred employees, times the employee's hourly rate of pay. Subscriber shall pay their transferred employees any compensation required by ORS 236. 1.2.5 The fees for f~cal year 2003-2004 shall be based on the 2002 calendar year calls for service as a percentage of CCOM's calls for service as applied to the budget for CCOM. 1.2.6 (Note: Ashland's calls for service for calendar year 2002 were 69,932 and th~ calls for service for CCOM for the calendar year 2002, including Ashland, were 248,821) The fees for fiscal year 2004-2005, and thereafter, shall be adjusted annually, based on the preceding calendnr year's actual calls for service as a percentage of total CCOM's calls for service as applied to CCOM's budget. Communications Services Subscription-Agreemmt !0 ANNUAL FEE SCHEDULE Cost Considerations: Figures based on estimate of 26% increase in workload to CCOM: Staffing Formula: Additional CCOM starting required: (1) Dispatcher - 24 hours x 365 days = 8,760 hours, divided by 1824 hours. (Staffing time available per employee) 4.8 employees. Five (5) Ashland Dispatchers by Lateral Transfer $270,000 Overtime five (5) Dispatchers x 50 hours per year x $31.00 7,750 Supervisor $70,500 x 10% 7,050 Manager $84,000 x 10% 8,400 Increase in Materials and Services 22,950 Administrative Costs $81,000 x 26% 21,060 $337,210' *Ashland 9-l-1 Funds, assigned to Medford or SORC (see paragraph 4 below), shall be debited from this contract figure. It is understood and agreed by the parties that the operating cost of"E-9-1-1" service shall, when made available by Provider, be automatically included in the budget for purposes of fee calculation. Subscriber shall be required to pay any additional fee based on the initial capitation of E-9-1-1 capability. These fees would only be those costs directly associated with providing E-9-1-1 service to Subscriber's venue. These fees will include such costs as master street address guide 0VISAG) development and maintenance, telephone lines installation and maintenance, and any other costs that are required to provide this service that are 'beyond which is required for providing this service to the City of Medford. 1.4 Subscriber will be respons~le for installing a telephone accessible to the public after hours at Ashland Police Department that rings into Provider's Communications Center;, install direct phoue to Provider's Communications Center from each of Subscriber's fire stations; install a business phone line to Provider's Communications Center that Subscriber's citizens can use when reporting non- emergency calls for service. 1.5 Warrant confmnation: It will be the responsibility of Ashland Police Department (APD) to enter their warrants according to LEDS/NCIC guidelines, complete a warrant worksheet for each warrant, listing all pertinent warrant information, and deliver the entered warrants to Medford Police Records Division (MPD) immediately after entry. The original warrant, completed worksheet, and pertinent teletypes will be filed in a 8.5 X 11" manila envelope. A typed label will be affixed to the top right hand comer of the envelope listing the last name, first name, and middle name. The label shall also contain either "APD" or "Ashland PD Communications Serviccs Subscription-Agreement 11 Any warrant locate teletype information received by APD will be relayed to the Medford Police Department as soon as possible. Upon receipt of the warrant envelope, MPD shall file the warrant alphabetically in MPD warrant files. MPD will conf'u-m the warrants and clear the warrants from LEDS/NCIC and the Tiburon Records Management System (RMS). MPD shall send cleared Circuit Court warrants back to Circuit Court or to the Jackson County Sheriff's Office to be served upon receipt of the defendant. Ashland Municipal warrants will be returned to APD. All completed warrant worksheets, teletypes and empty APD warrant envelopes will be returned to APD. EXTENDED SERVICE FEE: Subscriber may annually request renewal or modification of the extended services contained in Schedule "B". Provider shall quote a fee for such request based on the cost to Provider in extending those services. Provider's "Cost" shall take into consideration the total cost of providing such services. PAYMENT SCHEDULE: Once the Provider is able to provide basic communications service, Subscriber shall pay its total annual fee in advance in equal quarterly installments. Quarterly installment payments shall be due and payable on the following dates: July 30 - September 30 - December 31 - March 31 9-1-1 FUNDS: Ashland shall assign all 9-1-1 State funds to the City of Medford. All Ashland assigned 9-1-1 funds will be debited from the contractual annual fees. Should the State require Ashland 9-1-1 funds be assigned to SORC, the amounts so assigned to SORC shall continue to be deducted from the contractual annual fees due under this Agreement. For 2002-2003, 9-1-1 funds received by Ashland will be approximately $1.09187 per capita per quarter, multiplied by the city population of 19,770 or $86,345 per year. Communications Services Subscription-Agreement 12 SCHEDULE D SATELLITE OFFICE DURING TRANSITIONAL PERIOD It shall be the responsibility of Subscriber to arrange and provide for installation, implementation, maintenance and support of all lines and equipment necessary to transmit telephone, radio, and radio microwave signals to and from Provider's receiving point. The below listed terms shall be in effect during the transition period commencing on the date of execution of this contract and expiring upon Subscriber's completion of the radio/telephone connectivity. Provider will assume supervisory responsibility of Subscriber's current Dispatch/PSAP facility. Upon execution of the contract, the employment status of Subscriber's five (5) currently employed senior Dispatchers' shall be transferred to Provider's CCOM, per ORS 236.620. Subscriber's remaining two (2), currently employed, Dispatchers shall remain employees of the Subscriber, assigned to the satellite dispatch center until such time as Subscriber installs all equipment necessary to U'ansmit telephone and radio signals to and from Provider's receiving point. At that time, the employment status of the two (2) remaining dispatchers shall be transferred to Provider and listed as "regular laid-offemployees", per ORS 236.630 (3). Should vacancies in CCOM occur during this transitional period, the employee(s) will be immediately transferred to Provider as a full time Dispatcher(s). Subscriber will be responsible for all satellite office related communications equipment, and radio tower maintenance. 4. Provider will be responsible for all satellite office related material and services related costs. Communications Set. ices Subscription-Agreement 13 COMMUNICATION SERVICES SUBSCRIPTION - AGREEMENT Between THE CITY OF MEDFORD An Oregon Municipal corporation Provider And THE CITY OF ASHLAND An Oregon municipal corporation Subscriber The communications service subscription agreement dated 2/28/03 is amended as follows: 1. Schedule B, pages 8 and 9, are replaced by a new Schedule B attached and incorporated. 2. Section 4 entitled "Communications Linkage and Maintenance" is replaced by a new section 4 attached and incorporated. 3. Schedule A, paragraph 5, is amended by replacing it with the following paragraph 5: "5. Paging Services for "public safety purposes" which shall include paging Ashland Public Works for emergencies and then monitoring Ashland Public Works radio channel for duration of emergency." 4. All other provisions of the agreement remain as written. CITY OF MEDFORD, OREGON THE CITY OF ASHLAND By: By: Date: Date: Approved: Chief of Police City of Medford Chief of Police City of Ashland SCHEDULE B EXTENDED SERVICES FOR THE CITY OF ASHLAND When systems are available and on-line, Provider will furnish Subscriber with the following extended services beyond Basic Emergency Communications Service as described in Schedules A and B, as applicable: Connectivity to MDC (Mobile Data Computer) interface with CAD (Computer Aided Dispatching) System. A Plant Mapping interface (does not include Plant Mapping application). Connectivity to RMS (Record Management System) interface with CAD System. Connectivity to CMS (Corrections Management System) interface with CAD. Connectivity to Paperless Report Writing System interface with CAD, at the time that this system becomes available. MOBILE DATA COMPUTER/MAPPING INTERFACE SYSTEM FEES Initial Infrastructure Costs: The purchase price of the Tiburon MDS system and Plant Mapping Interface is $159,798. The price consists of 42 client licenses ~ $295 per license for a total of $12,390 and $147,408 for the base server system and related system technical and profession setup services. Medford will contract with Tiburon for the purchase of all 42 licenses and base system installation. Provider will be responsible for the 71% of the system costs (30/42 = 71%) and purchase of 30 licenses. Subscriber will be responsible for 29% of system costs (12/42 = 29%) and purchase of 12 licenses. Costs will be proportioned as follows: Provider at a cost of $113,510 (30 licenses X $295) + ($147,408 X 71%) and Subscriber at a cost of $46 288 (12 licenses x $295) + ($147,408 x 29%). Licensing Costs: The MDS software and licensing purchase, as defined above, provides the base system for the Provider, which includes Medford Fire, Medford Police, Central Point Police, and Subscriber, which includes Ashland Police and Ashland Fire. Any future additional client licenses requested by the above listed agencies would be the responsibility of the requesting agency at client license costs quoted by Tiburon, which is presently $295 per license. Annual Program Costs: After the first year, all participating agencies must also purchase annual Maintenance and Technical Support. Presently, the annual base system maintenance costs are $8,100 and client support costs are $36 per client license. Subscriber will be responsible for 29% of the base system maintenance costs and 100% responsible for their client license maintenance costs. Should new agencies contract for the MDS system, all Maintenance and Technical Support costs will be proportionally shared by all participating agencies based upon the total annual base system maintenance costs, quoted by Tiburon, and the total number of client licenses owned by all system participants. New Agency Purchases When new agencies contract for MDS services, the purchase charge for the Tiburon MDS system software shall be based upon the total number of client licenses the new agency will need, which is then combined with the number of client licenses held by Provider and Client to determine each agencies proportional cost for the Tiburon MDS base system. The initial cost of ($147,408) will then be divided by the combined total number of client licenses to determine the per client license capital contribution charge. The charge to the new agency will be the capital contribution charge multiplied by the number of client licenses they request. This charge reflects their proportional investment in the project, making them a partner in the project. The new agency must also purchase client licenses (currently $295 per license) in order to operate MDS software. Any funds received from a new agency contracting for MDS will be distributed to existing project partners based on each partners proportional investment in the project (currently, Provider at 71%% and Subscriber at 29%% of the total funds received). "Sample" - New Agency Cost Formula - New agency requires 10 client licenses, The 10 client licenses are added to the 42 existing client licenses for a combined total of 52 client licenses. The $147,408 initial costs of the software is then divided by 52 (the combined number of client licenses), which equals the per license capital contribution charge of $2,835 per license. The cost to the new agency would be 10 licenses X $2,835 = $28,350, plus the cost for each client license. The $28.350 received from the new agency is then distributed to Provider at 71% and Subscriber at 29%. The new agency then becomes a partner and the new formula for determining each agency proportional investment is Provider 58%, Subscriber 23% and new agency 19%. When new agencies choose to participate in the Tiburon MDS project, this agreement will be modified to reflect each agencies proportional investment rate. Section 4: COMMUNICATIONS LINKAGE AND MAINTENANCE. The communications service subscription agreement dated 2/28/03, Section 4 is amended as follows: Subscriber shall provide for maintenance and support of all lines and equipment necessary to transmit telephone, radio and radio microwave signals to and from Provider's receiving point. Provider shall provide or arrange for installation and implementation of a Fiber Interface, channel banks, an ACU 1000, and redundant Qwest T-1 phone line to establish radio signals to and from Provider's receiving point. Provider and Subscriber will approve an acceptance test plan for the ACU 1000 and associated equipment, which includes 100% reliability and thirty days continuous operation without loss of any communication. If ACU 1000 and associated equipment fails to function as designed or fails the acceptance test plan, Provider will be solely responsible to provide personnel and/or equipment necessary so that Subscriber has no loss of dispatch and communication services. Subscriber's only responsibility is payment for any new radio equipment to be installed in Subscriber's facilities that provides benefit to and will be owned by Subscriber only. After initial installation of radio equipment and communications links with acceptance by both parties, Provider's responsibility is limited to accepting communications at its center generating communications compatible with Subscriber's communications links. Provider shall have no responsibility for maintenance or support of communications lines and equipment except to contract with Qwest Communications, it subsidiaries, successors or approved contractors for 9-1-1 and E-9-1- 1 lines and equipment, and provide for maintenance of other equipment and software required for Provider's effective operation of the system. In exchange for costs associated with the above-defined establishment of installation and implementation of the radio signals, Subscriber shall transfer ownership of their current Motorola Centracom Gold Elite dispatch communications and console equipment (CEB and Consoles) to Provider for installation in Medford's RVCCOM center. CITY OF 4kSHLAND Council Communication Title: Dept: Date: Submitted By: Through: Approved By: An Ordinance Amending Various Provisions of the Ashland Food and Beverage Tax in Ashland Municipal Code Chapter 4.34 Legal Department //~,anuary 6, 2004 ichael W. Franell '[~ul Nolte Gino Grimaldi Synopsis: At the December 16, 2003, city council meeting, the council passed An Ordinance Amending Various Provisions Of The Ashland Food And Beverage Tax In Ashland Municipal Code Chapter 4.34, on first reading with oral amendments to Section 2 of the ordinance to clarify that only the penalties and not interest on delinquent food and beverage tax payments will be distributed to the central service fund. The amendments have been incorporated into the proposed ordinance for the second reading. Recommendations: Adopt second reading by title only with changes made at first reading of "An Ordinance Amending Various Provisions of the Ashland Food and Beverage Tax in Ashland Municipal Code Chapter 4.34." Fiscal Impact: The total fiscal impact is difficult to determine. However, staff anticipates vendor claims for refunds due to the retroactive provision could result in a refund liability of less than $10,000. Background: Under the current provisions of the Food and Beverage Tax, amounts received in payment are automatically applied to the oldest penalties, interest and tax. Some operators have expressed that this makes it almost impossible for an operator who gets behind to ever catch up. Even if they pay all amounts due for a current reporting period, the payment gets applied to the oldest debt and the operator is determined to be delinquent in the current period. The cun'ent code provisions also create difficulties for staff in collecting delinquent debts. When an operator becomes delinquent, if necessary, the legal department takes the operator to court and obtains a judgment on the debt. The operator continues making tax payments which are applied to the oldest debt first, arguably to the judgment amount. If the operator cannot completely pay all the back debt plus currently due taxes, the operator continues to be delinquent. The city must file a new action on any continuing delinquencies. If the operator were able to apply the current payments to period specific amounts, the operator could pay the taxes for current periods to avoid any new penalties. 1 - GNegal~Office\OR[Td%Cood and Beverage Tax, Food and Beverage Tax cc 0104.wpd The current code provisions provide for a three year period in which an operator can make a claim for overpayment of the taxes due to the City. This extended period is lengthy, unnecessary and creates a significant potential workload for which we are not adequately staffed. The operator is in the best position to know if the tax they are remitting is too much. Since they are in the best position of knowledge, a year limitation seems reasonable for making a claim for overpayment. Extending the period beyond that can make researching our financial records to evaluate a claim very time consuming. We are therefore proposing to change this period to one year. The current code provisions do not provide any funding for audit and enforcement activities. All funding, including penalties, are distributed to either parks or are distributed to wastewater for the treatment facility upgrade. The finance department would like to begin a periodic audit process to provide operator education and oversight. With appropriate funding this could become a reality. Since the penalties are generated through the collection process, they truly are not part of the tax and could be used to fund the audit and enforcement actions. The ordinance was amended by the Council on first reading to clarify that only the penalties collected, not including interest, will be distributed to the Central Service Fund. AMC Section 4.34.150 provides that all funds received through the tax are to go to the Open Space and Park program. This is in conflict with AMC 4.34.020 D. Since AMC 4.34.020 already has provisions for disbursement of the tax receipts, AMC 4.34.150 is redundant and unnecessary. Therefore, it is proposed to be repealed. Finally, these issues were brought to the forefront by some operators who are trying to get caught up on their delinquent taxes, but with their taxes perpetually being judged delinquent and penalties being assessed, they are finding it really difficult. The retroactivity of this ordinance was proposed as a way to get these operators back into compliance with the ordinance. Attachments: Attached ordinance. 2- G:~legal~Office\ORD~'~Food and Beverage Tax, Food and Beverage Tax cc 0104.wpd ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE ASHLAND FOOD AND BEVERAGE TAX IN ASHLAND MUNICIPAL CODE CHAPTER 4.34 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated t° show deletions and additions since the first reading of the ordinance. Deletions are ~ and additions are underlined. SECTION 1. Section 4.34.050 of the Ashland Municipal Code is amended to read: 4.34.050 Reporting and remitting. On or after July 1, 1993, every operator shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. At the time the retum is filed, the full amount of the tax collected shall be remitted to the director. A return shall not be considered filed until it is actually received by the director. Payments received by the director for application against existing liabilities will be credited toward the pedod designated by the taxpayer under conditions which are not prejudicial to the interest of the City. A condition which is considered prejudicial is the imminent expiration of the statute of limitations for a pedod or pedods. Nondesignated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting pedod will be first applied against any accrued penalty, then to interest, then to the underlying tax. The director, when in the director's discretion determines that it will be in the best interest of the City, may specify that a different order of payment credit should be followed with regard to a particular tax or factual situation. The director may establish shorter reporting pedods for any operator if the director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. When a shorter retum pedod is required, penalties and interest shall be computed according to the shorter retum pedod. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision. (Ord 2885, Amended, 08/06/2002) SECTION 2. Section 4.34.060 of the Ashland Municipal Code is amended to read: 4.34.060 Penalties and Interest. A. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. PAGE 1 - ORDINANCE G:~gal~Ofltce\ORD~-'~Food and Beverage Tax, Food and Beverage Tax Oral Amendments Final 0104.wpd .[L, L I~ B. Any operator who fails to remit any delinquent remittance on or before a pedod of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency' penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first impoSed. C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. (Revised June 1993) F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in para.qraphs A, B antic if~of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. SECTION 3. Section 4.34.100 of the Ashland Municipal Code is amended to read: 4.34.100 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in wdting, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the director within one year of the date of payment. The claim shall be on forms furnished by the director. B. The director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in wdting as to the validity of the claim. The director shall notify the claimant in wdting of the director's determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event a claim is determined by the director to be a valid claim, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of claimant's choice no later than 15 days following the date director mailed the determination. In the event claimant has not notified the director of claimant's choice within the 15 day pedod and the operator is still in business, a credit will be granted against the tax liability for the next reporting pedod, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. PAGE 2 - ORDINANCE C. No refund shall be paid under the provisions of this section unless the claimant established the dght by written records showing entitlement to such refund and the director acknowledged the validity of the claim. SECTION 4. Section 4.34.150 of the Ashland Municipal Code is repealed. SECTION 5. The amendments to Section 4.34.050 shall be considered effective as of January 1, 2003. Any operator which may be entitled to a refund or a credit for penalties assessed and paid due to the application of payments pursuant to AMC Section 4.34.050 as it existed pdor to enactment of this ordinance, but after January 1, 2003, must file a wdtten claim within 30 days from the effective date of this ordinance for a refund of such penalties with the director. Upon receipt of a written claim for refund of penalties assessed, the director will, within 30 calendar days, make a determination as to whether any refund is due. In the event a refund is due, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of the operator's choice no later than 15 days following the date director mailed the determination. In the event the operator has not notified the director of the operator's choice within the 15 day pedod and the operator is still in business, a credit will be granted against the tax liability for the next reporting pedod, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. Any operator who fails to file a claim for refund as set forth in this subsection shall be deemed to have waived any entitlement to refund of overpayment of penalties. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 16th day of December , 2003, and duly PASSED and ADOPTED this __ day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this day of .,2004. Paul Nolte, City Attomey Alan W. DeBoer, Mayor PAGE 3 - ORDINANCE G:~-,gal~Office\ORD~=~Food and Beverage Tax,Food and Beverage Tax Ord Amendments Final 0104.wpd CITY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Second Reading of an Ordinance Withdrawing an Annexed Area from Jackson County Fire District No. 5 (Russ Dale Annexation, 250 Clay Street) Legal Department January 6, 2004 ~ Paul Noltelf~// Gino Grimaldi~ The council approved the annexation of this property on February 4, 2003, and adopted first reading of this ordinance on December 16, 2003. This ordinance withdraws the property from Fire District No. 5. Recommendations: Move to adopt the ordinance. Fiscal Impact: The annexed property will become part of the city's tax base for purposes of property taxation. Background: This is the third phase of a three-phase process for a "full consent" annexation (where all of the landowners and at least 50% of the electors residing in the area to be annexed have consented to the annexation). The first phase is the land use phase coordinated through the planning department where hearings are held before the planning commission and the council. That phase was completed in February 2003 when the council voted to approve the annexation. The second phase was completed on December 16, 2003, when the council annexed the property by resolution. The third phase involves the withdrawal of the annexed area from any special district. For Ashland, the only special district the city generally withdraws from is Jackson County Fire District #5. This phase involves a public heating, which occurred on December 16, 2003, and council adoption of an ordinance withdrawing the area from the district. Attachments: Ordinance Withdrawing an Annexed Area from Jackson County Fire District No. 5 (Russ Dale Annexation, 250 Clay Street). 1 - G:qegahOffice\ORD~AV~nnex ord withdrawing (Dale - Clay Street) cc2.wpd ,iL L I. 'ORDINANCE NO. AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO. 5 (RUSS DALE ANNEXATION, 250 CLAY STREET) Recitals: A. The owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. There are no electors residing in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on December 16, 2003, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District No. 5. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is declared to be withdrawn from Jackson County Fire Distdct No. 5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 16th day of December , 2003, and duly PASSED and ADOPTED this day of ,2004. Barbara Chdstensen, City Recorder SIGNED and APPROVED this ~day of ,2004. Paul Nolte, City Attorney Alan W. DeBoer, Mayor PAGE 1-SPECIAL ORDINANCE G:~a~Ofr,~ORD~..x ord withdrawing (Dale- Clay Street).wpd ~1-772~846~ Iifrlar~(~hafter. net EXHIBIT A LEGAL DESCRIPTION Beginning at the' Southwest corner of Lot 39 of cHAuTAUQUA TRACE, PHASE 2, A PLANNED COMMUNITY, according to the official Plat: thereof, now of record, in Jackson County, Oregon; thence along the West line of said· PHASE 2 and the existing City of Ashland Boundary, South 00°05'27'' West, 111.48 feet to a found 3/4 inch iron pipe marking the Southwest·corner of said PHASE 2; thence South 00°07'16'' Wes·t, 131.52 feet.to a point from which-a found· 5/8 inch iron pin established by Survey No. 8604., on file in the Off~ce of the Jackson County Surveyor, bears· South· 00"07'16" West·; thence leaving said City BoundarY, ·North 89034'07'' West, '381.53.. feet; thence North 89°38'04'' west, 255.60 'feet 'to .the East line of Clay Street; thence North 89"55'19" west, 60 feet to the West line of Clay Street; thence along·said West line, North 00°04'41'' East, 32.2 feet, more or less, to the Southeast' corner Of Lot l'of ASHLAND MEADOW VILLAGE SUBDIVISION, PHASE 1, according to the official plat thereof, now. of record, in Jackson County,.'Oregon; thence along 'the existing City Boundary the following three courses, South 89°55'19'' East, 60 feet to the. East line of clay street;-thence along said East line, North 00"04'41",East, 176.74 feet'to an angle'point in said Boundary; · thence North '89"55'19" West,. 60 feet' to the Northeast corner of said ASHLAND MEADOW VILLAGE SUBDIVISION, PHASE'I; thence .leaVing s'aid"'City Boundary along the West. line bf Clay Street','N°rth .00"04'41" East, 824.99 fee~ to the SOuth line· of East Main Street; thence along said South line, South 83"33'13" East, 60·.37 'feet to-the EaSt line of Clay Street; thence al.cng said EaSt line, South 00"04'41" West, 701.39 feet tO an existing fence line; thence along the average location of said fence line,. South 89"26'59" East, 142.65 feet; thence South 89"43'43" .'East, 494.62. feet to the West line.of'said PHASE 2; thence along said West line, South 00"05'27"'West,. 8'3.68 feet to 'the point of beginning. Containing 5.94 acres·, more'or less. REVISED TRACT TO BE ANNEXED (Includes Clay Street R/W) Russ Dale 01-122 .October 22~ 2003 REGISTERED PROFESSIONAL L. AND :SURVEYOR ~/ · OREGON JU~.Y 17, 1986 · JAMES E. RXBBS ~ 2234 ~ L I, ~ I~/-~.a~ r~nnlng uepanment prelimir~nl¥ approved this request on June 18, 2003. This action will be ewed by the Ashland Planning Commission Heatings .Board at p.m. on July 8, 2003 at the Ashland CMc Center, 1175 East Main :~treet, Ashland, Oregon. No public testimony is allowed at this review. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this dght, a WRITTEN request must be received in the Planning Department, 20 East Main Street, prior to 3:00 p.m. on June 30, 2003. The wt~ttea request for the pubUc hearb~ must include your nme, address, the f'fle lumber of the planning action and the specific grounds for which the decision .should be reversed or modified, based ou the applicable criteria. If you do not SPECIFICALLY REQUEST A PUBUC HEARING by the time and date stated above~ them will be no public testimony permiffed. If a hearing is requested, it will be scheduled for the following month. Unless there is a co' ~ance, if a participant so requests before the conclusion of the h~.. ~g, the record shall remain open for at least seven days after the headng. b based on also Precludes your flg~ ~ appeal to LUnA °~ Ihat crlte~m. FMum d Itm NOTE: This Planning Action will also be heard by the Ashland Tree. Commission on July 7, 2003 in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winbum Way at 5:00p.n~ . PLANNING ACTION 2003-071 is a request for Final Plan approval for a 41-unit project under the Performance Standards Option for the approximately five-acre parcel located at 250 Clay Street. The application includes a request to apply a solar setback performance standard on 12 units, allowing for an approximately four-foot high shadow on the opposing south wall of the unit to the north. Comprehensive Plan Designation: Farm Five (current), Suburban Residential (proposed); Zoning: F-5 (current), R-1-3.5 (proposed); Assessor's Map #: 39 1E ! 1 CB; Tax Lot: 1000. APPLICANT: Russ Dale CITY OF -ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved by: Amendment To Outdoor Burning Ordinance Ashland Fire & Rescue January 6, 2004 Keith E. Woodley, Fire Chief Gino Grimaldi, City Administrator Paul Nolte, City Attorney Synopsis: Jackson County is amending their outdoor burning regulations to permit a two week burning period immediately following the termination of fire season. To facilitate coordination in burning permit issuance and regulation, and to reduce the potential for confusion within and between emergency 9-1-1 service areas, it is proposed that our outdoor buming ordinance also be amended. Additional amendments to the open burning ordinance are intended to reduce city council and staff time required by the annual review provision. Recommendation: Staff recommends that the Council accept this report, and adopt for first reading an amendment to the outdoor burning ordinance. Fiscal Impact: (not applicable) Background: This memo is provided as a report of residential burning activity for the calendar year 2003 in fulfillment of ordinance requirements. In some past years, the fall burning period has been cancelled county-wide due to lingering fire seasons and related dry, hazardous fire conditions. Jackson County plans to amend their county burning ordinance to allow outdoor burning permits to be issued for a two week period following the conclusion of fire season, if conditions are deemed safe for bUrning. It is important for the City of Ashland to establish and maintain outdoor burning regulations that work in harmony with those in place in Jackson County. This helps facilitate the coordination of permit issuance, enforcement activities and reduces the potential for conflict in identifying and dispatching real emergencies. The current ordinance was written to require an annual review by Council to monitor buming activity in consideration of achieving air quality standards. The burning practices within the City have been in conformance with Jackson County DEQ standards for several years now and are no longer a concern. It is proposed that the requirement for annual review be eliminated from the ordinance. A ten year summary of our burning activity is included with this report, which highlights the short buming period that has historically existed each fall due to fire seasons which typically extend into late October. ,LL L I~ Annual Report On Burning Page 2 A summary of our opening burning activity for the past ten years is depicted below: PERMITS ISSUED Period 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Spring 106 79 175 143 159 127 87 147 139 154 135 Fall 42 31 33 30 46 53 19 38 3 0 0 Total 148 110 208 173 205 180 106 185 142 154 135 The Spring burning period in 2003 occurred from March 1 through June 6. There were a total of 97 days within the burning period. There were 95 days at an index of 401 or above to allow burning. Due to the hot, dry conditions in October 2003 fire season was still in effect and outdoor burning was not permitted. ORDINANCE NO. AN ORDINANCE AMENDING SECTION '10,30,020 OF THE ASHLAND MUNICIPAL CODE TO SIMPLIFY THE ANNUAL CONSIDERATION OF OUTDOOR BURNING REGULATIONS BY THE CITY COUNCIL THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are "'-~"q *~- ..... ~' and additions are underlined. SECTION 1. Section 10.30.020 of the Ashland Municipal Code is amended to read: A. After a permit is obtained from the Fire Chief, outdoor fires are authorized as fcllowc: ~v~l, ~rl;~ ~;r,~ A c,,,,.,, March 1 ~ *~ ..... ~ ~-*~--31, 19~7 .......... ~ so,son, from March 1 until fire season is declared, and for a period of ~o weeks immediately following the termination of fire season, when the ventilation index is over 400 and fire fuel conditions are conducive to safely burning. 2 c: .... , ....... ;a,-,a; .... ~"""'*;"'"' A I '''~: ......... , ......... ~ .... COa~OP,, ,.,h~.., ,~,, ,h..,~ ...... ~. ,.,,~.,~. ,fil~+;~n ,, .~.;~N~v :$ ~.~.n~,~- ~/ll~n or, ........ B. Outdoor tiros aro portal,od on any tho ho vontilation indox is ovor 400 if tiro fuel conditions aro conducivo tdburnin~ and tho outdoor tiro is for the purposo of burnin~ a stmcturo or othor uso of tiro for trainin~ purposos by tho Fifo ~opadment or undor supo~ision of the Fifo C. Religious fires are permitted on any day of the year after notice of the specific date to the Fire Chief and provided that all safety precautions required by the Fire Chief are met. 1 - Ordinance C:\WINDOWS\TEMP\burnin9 ordano 1-04.doc D. Campfires in areas designated by the Park Commission are permitted in Lithia Park on any day of the year except during periods of extreme fire danger. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the __ day of ,2004, and duly PASSED and ADOPTI2D this day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this __ day of ,2004. iaultewed a~ to form: Alan W. DeBoer, Mayor 2 - Ordinance C:\WINDOWS\TEMP\burning ordano 1-04.doc CITY OF SHLAND Council Communication Title: Dept: Date: Submitted By: Through: Approved By: Hybrid Entity Resolution Legal Department uary 6, 2004 chael Franell 1 Nolte Gino Grimaldi Synopsis: Attached is a resolution declaring Ashland to be a hybrid entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), with the Fire and Ambulance Service being the only covered department. Recommendations: Pass this resolution declaring Ashland to be a hybrid entity. Fiscal Impact: This should save the City an undetermined amount in labor and paperwork necessary to make all departments HIPAA compliant. Background: The Federal Government passed HIPAA in 1996. The Act became effective in 2001 with a compliance deadline for medical providers of April 2003. One of the requirements under the Act is for medical providers to insure patient access to medical records and the confidentiality of those records. There is a substantial amount of paper work required for medical providers to comply with the confidentiality requirements of the Act. The Ashland Ambulance Service is considered a medical provider under HIPAA. The remaining functions the city performs Would not be generally covered, except for the fact that the Ambulance is a covered entity. The Act provides the opportunity for an entity to declare itself a hybrid entity when it has a portion of its function that is covered and a portion that is not covered. This allows the entity to avoid application of the Act to the functions that would otherwise not be covered, thus saving unnecessary paperwork for those functions. Attachments: The proposed hybrid entity resolution. 1- C:\WINDOWS\TEMP\HIPAA Hl.wpd ,LL L ! RESOLUTION NO. 2004- A RESOLUTION DECLARING THE CITY A HYBRID ENTITY UNDER HIPAA Recitals: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires covered entities to address the privacy of protected health information; and Bo The City of Ashland is a HIPAA covered entity because programs within some City of Ashland departments provide services covered by HIPAA while no services covered by HIPAA exist within other city programs; and Co The health care covered functions of the City of Ashland are not the City of Ashland's primary functions; and D° The City of Ashland is a "hybrid covered entity" as that term is described in the regulations (45 CFR part 164) that implement HIPAA; and E° The HIPAA regulations requires the City of Ashland to appoint a HIPAA Privacy Officer; and F° Policies need to be established to ensure that the City of Ashland complies with HIPAA and the implementing regulations. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1 .The City of Ashland government is designated as a "hybrid covered entity for purposes of HIPAA compliance. For purposes of HIPAA, the Ashland Fire and Ambulance Service is designated as the "health care component" covered by HIPAA; and SECTION 2.The Ashland EMS/Fire Training Director is designated as the City of Ashland HIPAA Coordinator and Privacy Official. The incumbent in the position identified in this paragraph is delegated the authority to designate, in writing, any additional or substitute Privacy Officials and Contact Persons the incumbent may deem necessary within their departments, from time to time, to assist with HIPAA compliance. SECTION 3.Departments identified in section 1 are directed to adopt HIPAA privacy rule policies forthwith in consultation with the city attorney, the city HIPAA Coordinator and the city PriVacy Official. Thereafter, departments identified above are directed to adopt HIPAA privacy rule procedures in accordance with the adopted policies. The city Privacy Official is directed to maintain copies of HIPAA policies and procedures adopted by departments as those policies and procedures may be amended from time to time. 1- C:\WINDOWS\TEMP\HIPAA Hybdd entity declaration.wpd SECTION 4. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this __ day of ,2004. Barbara Chdstensen, City Recorder SIGNED and APPROVED this __day of ,2004. I~aul Nolte, City Attorney Alan W. DeBoer, Mayor C:\WINDOWS\TEMP\HIPAA Hybdd entity declaration.wpd DATE: TO: FROM: RE: Office of the Mayor ~llan ~. DeBoer MEMORANDUM December 31, 2003 City Council Members Mayor Alan DeBoer Proposed Resolution regarding Measure 30 Attached is a resolution regarding Measure 30 for your consideration. I would encourage you to endorse this resolution urging a Yes vote on Measure 30 supporting a two-year temporary tax increase initiated by our state elected officials. I believe the economy is at a place where failure of such a measure in February will cause severe hardships for our schools, social services and medical care. Thankyou. City of Ashland · 20 East Main Street ° Ashland, OR 97520 ° (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com RESOLUTION NO. A RESOLUTION URGING A YES VOTE ON MEASURE 30 RECITALS: A) On February 3, 2004 the residents of Oregon are being asked to vote on Measure 30. Ballots will be received in mailboxes the third week of January. T . 0~C~ B) he Mayor and City Council urge all residents to vote~Yes on supporting the two-year temporary tax increase initiated by our State elected official's, with a provision for a third year tax increase if the economy does not improve. C) Although arguments may be made on government inefficiency and increased spending over the last decade, we feel a no vote will severely hamper our schools, social services, and medical care. As Oregonians we feel this is unacceptable to our citizens. D) The temporary tax increase will provide a buffer to allow our State leaders to enact leadership for stable funding to provide services to our population. One of the most important functions of our society is education. From pre-school through higher education, the successful education of our society will provide the basis for a strong economy for our state. We must also take care of our elderly and less fortunate. THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES: SECTION 1. The Mayor and City Councilors urge the residents of Ashland to take the time to study the issue, make sure they exercise their right to vote and-jei~--h'r voting Yes at the upcoming election. SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code Sec. 2.04.090 duly PASSEDvand ADOPTED this __ day of ,2004. Barbara Christensen, City Recorder SIGNED and APPROVED this __ day of ,2004. Reviewed as to form: Alan W. DeBoer, Mayor Paul Nolte, City Attorney G: fran~resolution~Vleasure3 0