HomeMy WebLinkAbout2004-0504 Council PacketCouncil Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CITY OF
ASHLAND
Important: Any citizen attending council meetings may speak on any item on the agenda, unless it
is the subject of a public hearing which has been dosed. The Public Forum is the time to speak on
any subject not on the printed agenda. If you wish to speak, please fill out the Speaker Request
'form located near the entrance to 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.
Ve
VI.
VII.
'VIII.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 4, 2004 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF MINUTES: Regular Council Meeting Minutes of April 20, 2004, Minutes
of Executive Session of April 20, 2004.
SPECIAL PRESENTATIONS & AWARDS:
1. Presentation of Mayor's Certificates of Appreciation to Alexi Butler, Charles Walker,
Amy Langford, Maya Hickman and Caitlin Emery.
v/2. Proclamation of May, 2004 as Mental Health Awareness Month.
v,'3. Proclamation of May 3 - 9, 2004 as National Historic Preservation Week.
v'4. Proclamation of May 16 - 22, 2004 as National Public Works Week.
5. Proclamation of May 10 - 16, 2004 as Cover the Uninsured Week.
v'6. Proclamation of April as School Library Media Month.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
PUBLIC-HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject ora Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
(None)
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. Appointment of Allen Douma to the Planning Commission for a' term to expire April
30, 2008 to replace Raymond Kistler.
2. Appointment of Olena Black to the Planning Commission for a term to expire April 30,
2008 to replace Cameron Hanson.
3. Appointment of David Williams to the Planning Commission for a term to expire April
COUNCIL MEETINGS AR[:. BROADCAST I.,IVI.;, ON CIlANNEL 9
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IX.
Xl.
30, 2008 to replace Colin Swales.
4. Council appointment of commissioner to Audit Committee for term to expire April 30,
2007.
5. Reading by title only of"A Resolution Creating tl~e Charter Review Committee."
NEW AND MISCELLANEOUS BUSINESS:
1. Ashland Forest Lands Restoration Project Summary.
2. Report and Recommendation on Financing Alternatives for Ashland Fiberoptic
Network (AFN).
3. Ashland Fiber Network Quarterly Report.
4. Reconsideration of Armory Decision Conditional Use Permit; Oregon Military
Department.
5. Letter suppoi'ting BPA Agreements with'Puget PoWer and PacifiCoi'p.
6. Request for water and sewer service to 295 Mistletoe.
ORDINANCES, RESOLUTION~ANDCO,NTRACTS:
VE. Reading by title only o/.~'A'~Resolution o~!~ City Council of the City of Ashland
Reiterating its policy o'Frelat~th-e-e-x~nditure of monies for Economic and Cultural
Development to the Hotel/Motel (Transient Occupancy) Tax and Repealing
Resolution 2000-25."
2(,,,?~'-r~-d~i~n~ by~itle only of "An Ordinance Amending the Definition of Gross
"l~ffues-b-S"TG"E'~clude Revenue from Cable Modems under the Telecommunications
~.Chapter of. the Ashland Municipal Code."
~' First reading 'b~le only of "An Ordinance Creating a Prohibition Against Public
4. Reading by title only ~"A.E..e.s_01utiO_j%E~tablishing the City of Ashland as a Partner in
the Cities for Climate Protection Campaign."
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
Xll.
LIAISONS:
ADJOURNMENT:
REMINDER
A Council Study Session will be held on Wednesday, May 5,
2004 at noon in Council Chambers. Topics of discussion
will include: 1) Electric Rate Discussion; and, 2)
Presentation by Rogue Valley Council of Governments.
In compliance with the Americans with Disabilities Act, ff you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
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Ashland City Council Meeting
April 20, 2004 - Page I of 8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 20, 2004
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, Hartzell, Jackson, Morrison and Hearn were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of April 6, 2004; Executive Session of April 6, 2004; Study
Session of April 7, 2004; and Continued Council Meeting of April 8, 2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Presentation of James M. Ragland Memorial "Volunteer Spirit" Community Service
Award.
Mayor announced Pete Belcastro as the recipient of the Ragland Award.
2. Presentation of Tree City U.S.A. Award and slide show.
Tree Commission members Bryan Holley and Ted Loftus, and Stewardship Forester for Oregon Department
of Forestry Teresa Vonn presented the City of Ashland with the Tree City U.S.A. Award. Mr. Holley
explained the necessary steps that the City has to follow in order to be eligible for this award. He also brought
to attention the City ordinances that protect the trees in Ashland. Mr. Lofms briefly explained the purpose of
the Tree Commission and the benefits of having trees in our community. He noted that Arbor Day is April
24th and the location of the Tree of Year.
Ms. Vonn spoke regarding the accomplishment by the City on eaming this award and the appreciation of the
Forestry Department to the City. She noted the National Arbor Day Association sponsors the Tree City U.S.A.
Award.
Tree Commission members Mary Pritchard, Laurie Sager and Bryan Nelson were introduced.
Slide show by Fred Stockwell was shown.
Eric Navickas/711 Faith St/Stated he respects the work of the Tree Commission, however does not believe
the City deserves this award. He noted the City's support of logging trees of all diameters and the logging in
riparian areas. Mr. Navickas spoke regarding the protection of the Winbum parcel, and stated this is a critical
piece of land and is of historic significance for the City. He explained that fire fuel reduction could be dealt
with through non-commercial means by hand piling and burning.
3. Proclamations of April 18 - 24, 2004 as Volunteer Recognition Week and Proclamation of April 26
- 30, 2004 as Respite Care Awareness Week were read aloud.
Proclamations of April 18-24 as Volunteer Recognition Week and Proclamation of April 26-30 as Respite Care
Awareness Week were read aloud.
Mayor DeBoer noted appreciation for Alexis Butler and the other volunteers who worked last week during the
National Youth Service Day, and stated he will be providing a Certificate of Appreciation to them at the next
council meeting.
Ashland City Council Meeting
April 20, 2004 - Page 2 of 8
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Mayor pulled Consent Agenda item #2 for discussion.
Councilor Hartzell/Jackson m/s to approve Consent Agenda item #1. Voice Vote: all AYES. Motion
passed.
2. Confirmation of Mayor's appointments/re-appointments to various boards, commissions and
committees.
Mayor DeBoer explained the process he used when making the annual appointments to various boards,
commissions and committees. He read out loud his appointments, which are included in the council packet
information. Mayor DeBoer noted the additional appointment of Dylan Robbins to the Bicycle & Pedesthan
Commission, which was not listed on the memorandum.
Michael Riedeman/632 Iowa/Spoke in regards to the non re-appointment of Colin Swales and noted what
he felt were qualities that Mr. Swales provided. He did not agree with the Mayor's reasoning and requested
that the Council deny the Mayor's appointment of Allen Douma to the Planning Commission.
Alan Sasha Lithman/460 Sunshine Circle/Spoke regarding the non re-appointment of Colin Swales to the
Planning Commission. Read aloud his statement and submitted it into the record.
Bill Street/180 Mead/Read aloud a note from Planning Commissioner Marilyn Briggs regarding the non re-
appointment of Colin Swales to the Planning Commission. Statement is attached to minutes. On behalf of
him, Mr. Street read aloud a statement and submitted it into the record.
Ryan Navickas/711 Faith St/Spoke regarding the non re-appointment of Colin Swales to the Planning
Commission. Mr. Navickas stated it appears to him that the Mayor is excluding Swales from City government
because of his actions in the DeBoer Appeal, and the Mayor wishes to reduce his standing from a trusted
advisor to a marginal activist. Mr. Navickas urged the Council to reject the Mayor's appointment.
Jon Uto/1361 Quincy St #8C/Spoke regarding the non re-appointment of Colin Swales to the Planning
Commission and shared his experience in the community as a volunteer. He stated that he appreciated the
challenge that Mr. Swales placed on community members, and stated Mr. Swales challenges the other
commissioners tolhink differently. Mr. Uto asked the Council to reconsider the Mayor's appointments and
keep Mr. Swales as a Planning Commissioner.
Jack Hardesty/575 Dogwood Way/Read aloud a statement in regards to the non re-appointment of Colin
Swales to the Planning Commission, which has been signed by 48 Ashland residents. Statement was submitted
into the record.
Ben Benjamin/881 S Mountain/Spoke against the non re-appointment of Colin Swales on the basis of him
being an activist. Mr. Benjamin stated opposing views need to be heard and studied.
Malena Marvin/361 Idaho/Presented over 200 signatures in opposition of the non-appointment of Colin
Swales to the Planning Commission. Read aloud a letter and submitted it into the record.
Russ Silbiger/562 Ray Lane/Questioned what makes the three newly appointed commissioners more qualified
than Colin Swales.
Ashland City Council Meeting
April 20, 2004 - Page 3 of 8
Ramona DeVaul/865 Palmer Rd/Spoke in regards to the non re-appointment of Colin Swales to the Planning
Commission. Commented on the need for honest individuals participating in our City.
Mayor DeBoer stated the three appointments to the Planning Commission are not placed in set positions, and
was a random placement of Allen Douma in Mr. Swales seat. He explained that he has given these
appointments a lot of thought and noted he had attempted to meet with Mr. Swales when making this decision.
Mayor DeBoer noted the controversy surrounding Mr. Swales initial appointment and explained that he had
received several emails from citizens who were opposed to his appointment and concerned with his objective.
He also stated that the perception Xhat someone could have a bias in a quasi-legal matter could put the City at
risk.
Councilor Hartzell invited the Mayor to respond to the questions raised by the public. Mayor DeBoer stated
if there is a person sitting on the Planning Commission, and they are perceived to have a bias, that puts the
Planning Commission at risk. He explained that every citizens who goes in front of the Planning Commission
needs to be provided a fair and unbiased opinion based on the information presented.
City Attorney Paul Nolte clarified that any person appearing before the Planning Commission is entitled to a
fair and impartial tribunal. If a commissioner has such a bias that it does not matter what evidence comes
before them, and the decision has been made prior to the hearing, then the applicant appearing before the
commission has been deprived of that fair hearing. Mr. Nolte added it is very difficult to prove such a bias
exists.
Councilor Morrison spoke on the number of commissioners requesting appointments and noted that Mr.
Swales is the only person who requested a re-appointment who did not get it. Morrison commented that Mr.
Swales is hardworking, and although he does irritate some people, this is not a good enough reason to not
appoint him. Morhson noted he had contacted three Planning Commissioners to get their input on the
appointments, and explained that he has not heard grounds that would warrant the non-appointment of Mr.
Swales. Morrison stated that he does not feel the appointments by the Mayor are the best appointments for
the Commission, and he cannot support them.
Councilor Heam explained that when he was first acting as the liaison to the Planning Commission, he
received calls from the other commissioners who were concerned with Mr. Swales. Because the Planning
Commission is a quasi-judicial body, some people were concerned with the possibility of a bias. Heam stated
the bigger question issue here is for the Council to remember their role. They can either approve or reject the
Mayor's appointments. Heam noted the commissioners should have nothing to do with construction, land use,
development, or .real estate, and this is why, as Morfison asked, they cannot appoint someone with more
experience. Those with the most experience are the most likely to have conflict of issues. Heam stated it is
not up to the Council to decide who should sit on the various commissions.
Councilor Laws shared his past experience as a councilor, and noted that the boards and commissions are
rarely representative of the entire community. Laws explained that the Mayor gets the most votes during an
election in comparison to any other elected position and therefore best represents the majority of the
community. He explained the role of the Council is to ensure that there are no blatant appointments made and
they should only reject the Mayor's appointments if there is an obvious problem with that person. Laws stated
that people have the right to expect an unbiased commission and feels it is necessary to respect the Mayor's
judgment.
Councilor Hartzell stated they are on shaky ground assigning such labels as 'activist'. Hartzell stated this
discussion is helpful and does not want the media to cast an image on Mr. Swales that he has some form of
bias and this was the reason he was not appointed. Hartzell asked the legal staff if they had any evidence of
Mr. Swales putting the City in jeopardy because of his role on the commission.
Ashland City Council Meeting
April 20, 2004 - Page 4 of 8
City Attorney Paul Nolte stated there are several examples, although he is not responsible for accumulating
those. He explained that when Mr. Swales fa-st began on the Planning Commission, it was evident that he was
using evidence not in the record to make his decision. At that time, they had counseled with Mr. Swales and
explained the requirements for sitting in a quasi-judicial capacity. Mr. Nolte stated he believes there have been
subsequent times when ex parte contact occurred, even up to and including the last hearing held before the
Council. Mr. Nolte stated he has learned of these instances, but does not keep a record of them. If asked, he
is sure they can find several times where the bias of Mr. Swales was fairly evident in several of the matters he
handled.
Councilor Hartzell commented on the Way the Mayor's aPpointments are made, and whai message this is
communicating to the public. She noted that if Mr. Swales is not re-appointed, she wanted to ensure the public
that his voice and perspective are not less valued.
Mayor DeBoer stated the Planning Commission is the only commission or committee that is quasi-judicial,
so it is different from the rest of the commissions. He does not mean, when he says 'activist' to mean it in a
negative way. Mayor DeBoer explained his criteria for the appointments, stating he was looking for three non-
builders, and non-people in the profession who represented the citizens. He also noted the state law, which
requires that no more than certain amount of a specific profession can be on the commission. Mayor DeBoer
stated these decisions needed to be made and he tried to do the best job. He also noted that he had asked the
Councilors to reply after sending them his proposed appointments.
Councilor Morrison stated that one his issues is that two of the applicants are appointed to two commissions,
and feels this is a burden to place on someone given the extent of work needed for the Planning Commission.
Morrison noted that Dave Williams states in his application that he tends to oppose high-density residential
projects other than those that might be required by Oregon law. Mon-ison feels that Mr. Williams should be
held to the same standards that Mr. Swales is being measured against. Morrison suggests that the Council
approves the other commission appointments, and ask that the Planning Commission appointments go back
to the drawing board. He further clarified his rational stating one of the applicants seems to have a
predisposition against high-density residential housing, one other person does not seem to have any
background at all and the last applicant is on two different commissions and does not have any background
in this area. Morrison stated that the Mayor's appointments to the Planning Commission send out the wrong
message to the community, and he believes there are better candidates out there.
Councilor Jackson/Hartzell m/s to approve Mayor's appointments other than the Planning Commission,
and include th~additional appointment to the Bike & Pedestrian Commission. DISCUSSION:
Councilor Heam stated there seems to be two competing issues, 1) Mr. Swales reappointment to the Planning
Commission, and 2) the background of the three people being proposed by the Mayor. City Attorney Paul
Nolte stated most people do have biases that they bring to the table, but as long as you can set those aside and
make a decision based on the criteria, then you are fine. Mr. Nolte added that the end of Mr. Williams
statement reads "other than those that might be required by Oregon law", which sustains that he is going to
apply the law despite any bias against high-density. Councilor Amarotico commented that someone serving
on two commissions should not be criteha for not confirming their appointment. Amarotico stated he will not
support the motion and feels all of the proposed appointees are qualified. Mayor DeBoer noted that the sitting
chair of the Planning Commission is required to sit on the Conservation Commission, by ordinance. He also
clarified that some of the double appointments were done because he felt there is a good tie between the two,
and gave an example of the double appointment to the Bike and Pedestrian Commission and the Traffic Safety
Commission. Voice Vote: All AYES. Motion passed.
Councilor Laws/Amarotico m/s to approve the Mayor's appointments to the Planning Commission.
Ashland City Council Meeting,
April 20, 2004 - Page 5 of 8
Voice Vote: Laws, Amarotico and Hearn, YES. Hartzell, Jackson and Morrison, NO. Motion failed
3-3. City Attorney determined that the Mayor is not allowed to vote.
Council took a break in order to allow the City Attorney to confirm the Mayor's inability to vote.
Mayor DeBoer stated the Council needs to make a decision, explaining they cannot leave the Planning
Commission sitting with only 6 members.
Councilor Laws motions for the Council to interpret the Ordinance allowing the Mayor to vote in the case of
a tie. Motion dies dues to lack of a second.
Mr. Nolte exPlained that it is his opinion that the Mayor cannot vote in ~his matter. He further explained that
an interpretation could be made unless it changes the meaning of the ordinance.
Council discussed whether it was urgent to come to a decision tonight. It was mentioned that the Mayor could
come back with new appointments to the Planning Commission at the next scheduled Council Meeting, which
would still be before the commissions next meeting on May 11.
Councilor Amarotico/Hearn m/s to approve the appointments of Allen Douma to replace Raymond
Kistler and Doris Mannion to replace Cameron Hanson to the Planning Commission. Voice Vote:
Amarotico, Laws and Hearn, YES. Jackson, Hartzell, Morrison, NO. 3-3 Motion Fails.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Mica Cardillo/Address Unknown/Encouraged the public to attend the Earth Day Event, this coming Saturday
at North Mountain Park.
Fred Caruso/102 Garfield #15/Spoke regarding health and sanitation. Proposed mandatory audible waming
devices for drivers on bicycles and suggests the banning of gas powered leaf blowers in the City.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Ratification of Labor Contract between the City and the Ashland Police Department.
Councilor Laws/Jackson m/s to authorize City Administrator to sign the labor contract, ratifying the
tentative agreement reached in negotiations. Voice Vote: ali AYES. Motion passed.
2. Strawberry Lane Property Partition - Proceeds of sale to fund Housing Trust Fund: Update on
Planning Process.
Community Development Director John McLaughlin presented the staff report and recommended that the
Council consider the requests of the concerned citizens of the upper Strawberry Lane neighborhood.
Mr. McLaughlin explained that this is a land use application, and that he is before the council tonight as the
applicant for the partition. He asked the Council if they would like to make any modifications to the
application before it moves forward to the Public Hearing scheduled for May 11.
Councilor Heam noted there had been discussion amongst the neighborhood that the partition would result in
1 acre lots. Mr. McLaughlin explained the neighborhood never reached a consensus. He also stated that based
Ashland City Council Meeting
April 20, 2004 - Page 6 of 8
on the neighborhood the .5 acre lot size, which would result from the partition, is not inappropriate for the
neighborhood. Council discussed the 5 conditions suggested by the residents of the neighborhood. Mr.
McLaughlin clarified the City does not require building envelopes with minor land partitions, unless it is in
a sensitive lands area.
Councilor Laws noted that 6 of the lots closest to the proposed partition are .5 acre or less. Mr. McLaughlin
clarified that the ordinance states that if it appears that a section of land is ultimately going to be developed
as a full subdivision, then the City can require all the conditions imposed for a larger subdivision. Mr.
McLaughlin explained the reason for this is because people use to divide off lots in a way that skirted having
to build a new road. The difference here is that the property is on a comer lot, it is relatively small, and has
· fully improved streets on two sides.
Mayor DeBoer stated it is his hope that someone will come forward and purchase the 3rd one-acre lot, before
it is partitioned into two.
Councilor Jackson questioned why they didn't just do the partition into 4 lots now. Mr. McLaughlin explained
that the base density in the RR.5 is 1.2 units per acre, which would only allow two houses on this property.
By creating 3, there is one lot that either the City or an individual could partition after 12 months time.
Mr. McLaughlin clarified that Staffneeds to know if the Council wants to make any modifications based on
the concerns that were raised before this application moves forward.
Councilor Amarotico/Jackson m/s to extend meeting past 10:00 p.m. Voice Vote: all AYES. Motion
passed.
Ron Roth/6950 Old Hwy. 99S/Stated he is very supportive of this project, and commented that a private
developer would follow the same procedure as staff is proposing. He stated the lot sizes are compatible with
the rest of the neighborhood, and he is in favor of the Mayor's idea of selling off the 3rd parcel as a whole.
Mr. Roth urged the Council to move forward with bringing this before the Planning Commission. He also
strongly encouraged the Council to strengthen their commitment that the funds resulting from the sale of the
property are dedicated to affordable housing and that it is a restricted fund and cannot be borrowed for any
purpose.
Council consensus to allow this application to move forward.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution Creating the Charter Review Committee."
Management Analyst Ann Seltzer stated thc Charter Review and Update is a current council goal and provided
a brief synopsis. Ms. Seltzer explained that normally you would not need a resolution for the formation of an
Ad Hoc Committee, but it has been proposed in this process to create a historical paper trail. She explained
the drafts provided in the packet are based on input from Sandra Arp, information from the National League
of Cities, and examples from other cities. Staff has put forward several discussion points for the Council to
review, including: 1) Public Input, 2) Appointment of the Committee, 3) Timeline and Meeting Frequency,
and 4) Extent of Review.
Councilor Hartzell explained her list of comments which were presented to the Council, and are included in
the record.
Councilor Jackson voiced concems with the timeline, and questioned if the proposed schedule was reasonable.
She stated it is important to take input from the public at an early point, and explained that her primary concern
was regarding the pressure of completing the review within five months. Jackson commented on the
Ashland City Council Meeting
April 20, 2004 - Page 7 of 8
committee starting with the model charter, and if they feel that existing elements of the charter should remain
then those aspects can be incorporated.
Councilor Heam also expressed his concern with the rigorous schedule, and the type of applicant that would
be able to adhere to such a schedule.
Councilor Laws stated one of the reasons they wanted to have the Charter Review completed by the fall
election was to look at the relationship between the Mayor and the City Administrator. If they are going to
change the duties of the Mayor in any way, it should not be done fight after a new Mayor has been elected.
If the process cannot be completed by November, the most- appropriate option would be to wait until the
Mayor's term has ended, which would be ano!her 5[ year.s..
Councilor Laws raised the question of the appointments, stating he does not believe they want volunteers. He
explained that in this case he does not believe they want a representative committee, but rather a prestigious
and intelligent committee. He feels the appointments should be made by the Mayor, and the Council should
be participatory in submitting recommendations to the Mayor.
Councilor Morrison stated his suggestion would be to have an all inclusive application process, and then have
the Mayor and two other persons review the applications and determine the members of the committee. He
explained that having weekly meetings will maintain the momentum, and although he does not believe they
will be able to have the review completed in time for the fall election, he still feels this is the best method to
achieve results.
Councilor Hartzell stated she is straggling with the Mayor making the appointment of the committee chair, and
suggests that the committee make their own recommendation. She believes the committee needs to be
transparent, and the meetings should allow the public to attend. Hartzell noted the committee needs to keep
in touch with the wants of the community.
Mayor encouraged councilors to come up with some writing and make some decisions.
o
Reading by title only of "A Resolution dedicating Property for Open Space Park Purposes Pursuant
to Article XIXA, Section 2, of the City Charter (Zaller and Geddes Property located at 755 Oak
Street)."
Councilor Hartzell/Hearn nas to approve Resolution #2004-08.
Amarotico, Jackson, Morrison, and Hartzell, YES. Motion passed.
Roll Call Vote: Hearn, Laws,
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Hartzell noted the police dispatch has moved to Medford, and there is a going away celebration
scheduled for April 26th, in the Council Chambers.
ADJOURNMENT
Meeting was adjourned at 10:26 p.m.
Barbara Chfistensen, City Recorder Alan DeBoer, Mayor
° Z
PROCLAMATION
· Our society, already stressed over inter- and intrapersonal issues, would benefit from
an awareness of mental health, as demonstrated by the effects of 9/11.
· People need to recognize the difference between the lack of mental health and the
process of creating mental health.
· Cultivating this awareness could help people avoid the consequences of untreated
anxiety, untreated depression and physical deterioration.
· The clearer a person's thought process is, the more opportunity he or she has to deal
with and grow beyond the stressors, and thus help to prevent the occurrence of
domestic violence, child abuse and family instability.
· Focusing and preparing for Mental Health Awareness can help transform a perception
of emotional deprivation and vulnerability into a perception of emotional prosperity
and effectiveness.
· The vehicle for promoting Mental Health Awareness can take the form of a United
States Postage Stamp, and every citizen could benefit from this constant reminder.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,
hereby proclaim May, 2004 as
MENTAL HEAL TH AWARENESS MONTH
and urge the citizens of Ashland to join in this observance.
Dated this 4th day of May, 2004.
Alan DeBoer, Mayor
Barbara Christensen, City Recorder
PROCLAMATION
Historic preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character while
enhancing livability.
The historic houses and buildings of Ashland help make our City unique _and provide
links with aspirations and attainment of the City's pioneers and their descendants.
· These fine examples of Nineteenth and Twentieth century buildings contribute to an
appreciation of our heritage.
· Historic preservation is relevant for communities across the nation, both urban and rural,
and for Americans of all ages, all walks of life and all ethnic backgrounds.
· It is important to celebrate the role of history in our lives and the contributions made by
dedicated individuals in helping to preserve the tangible aspects of the heritage that has
shaped us as a people.
"New Frontiers in Preservation" is the theme for National Historic Preservation Week
2004, co-sponsored by the City of Ashland's Historic Commission and the National
Trust for Historic Preservation.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,
proclaim May 3 - 9, 2004 as
"National Historic Preservation Week"
and call upon the people of the City of Ashland to join their fellow citizens~cross the United
States in recognizing and participating in this special observance.
Dated this 4th day of May, 2004.
Alan W. DeBoer, Mayor
Barbara Chfistensen, City Recorder
PROCLAMATION
· Public works services provided in our community are an integral part of our citizens'
everyday lives.
The support of an understanding and informed citizenry is vital to the efficient
operation of the public works systems and programs such as water, sewers, streets, and
highways, public buildings, and solid waste collection.
· The health, safety and comfort of this community greatly depends on these facilities
and services.
· The quality and effectiveness of these facilities, as well as their plarming design, and
construction, is vitally dependent upon the efforts and skill of public works officials.
The efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,
hereby proclaim the week of May 16 - 22, 2004 as
"NATIONAL PUBLIC WORKS WEEK"
in Ashland, and call upon all citizens and civic organizations to acquaint themselves with
the issues involved in providing our public works and to recognize the contributions which
public works officials make every day to our health, safety, comfort, and quality of life.
Dated this 4th day of May, 2004.
Alan DeBoer, Mayor
Barbara Christensen, City Recorder
PROCLAMATION
· Forty four million Americans do not have health care coverage.
· Eight out of ten of the uninsured are in working families that cannot afford health
insurance and are not eligible for public programs.
· Uninsured Americans live sicker and die younger because they are forced to go
without the health care they need.
A slow economy, higher unemployment and rising health costs mean that more
Americans are becoming uninsured in our community.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,
recognize the urgency of seeking solutions to one of America's greatest problems, and
hereby proclaim May 10 - 16, 2004 as
COVER THE UNINSURED WEEK
"Let's Get America Covered"
Dated this 4th day of May, 2004.
Alan DeBoer, Mayor
Barbara Christensen, City Recorder
National Library Week and School Library Media Month are national observances
sponsored by the American Library Association and school libraries across the country.
Our nation's libraries are changing and dynamic places and librarians are the ultimate
search engine, helping people of all ages find the information they need in 'print and
online.
Our nation's libraries are key players in the national discourse on intellectual freedom,
equity of access, and narrowing the "digital divide".
School Library Media centers throughout the State of Oregon have joined the American
Library Association in celebrating April 18- 24, 2004 as National Library Week.
Ashland's Schools and Ashland Public Library join together in celebra, ting the importance
of school library media centers and the contributions of our libraries and librarians.
· Ashland's School Library Media Program offers an environment conducive to reading and
learning, critical thinking, creative expression, investigation and research, and curriculum
development and enhancement.
· The theme for the month is "~ Your Library" - with emphasis on increasing public
awareness and support for the library and for school librarians for the key role they play in
our lives.
NOW, THEREFORE, the City Council and Mayor, hereby proclaim that the City of
Ashland joins with cities across the nation in declaring April
"SCHOOL LIBRARY MEDIA MONTH"
and ask that all citizens join us in supporting the aims and goals and heightening the
awareness of the importance of our school and public libraries.
Dated this 4th day of May, 2004.
Barbar-'-----~ Christensen-------'-~ ~-~ Recorde-----~
Ashland Traff, c Safety Comm,ssmon
Minutes
Members Present:
Doris Mannion, Terry Doyle, David Chapman,, Patti Busse, William Snell, Don Laws, ]im Green
Staff Present: Dawn Lamb, Officer Tom Cook, Ray Smith
Members Absent: Corey VanLandingham, Keith Massie Pam Hammond
II.
III.
CALL TO ORDER
APPROVAL OF MINUTES: February 26m Minutes approved with changes.
RETIRING OF BILL SNELL - Patti Busse thanked Bill Snell for his many years of service to the
community and for his dedicated service for the last six years to the Traffic Safety Commission.
be missed.
ITEMS FOR DISCUSSION:
A, PUBLIC FORUM ITEMS: None
He will
B. REVIEVV OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED
1. Results of North Main/East Main / Lithia Way Speed Study
Over a year ago at the request of this commission, staff transmitted a request to ODOT to reduce the
speed limits on several sections of North Main / East Main and Lithia Way. A copy of ODOT's study has
recently been received along with recommended changes. Following is a summary of our previous
request and ODOT's recommendation for the sections of street:
NORTH MAIN STREET - CITY LIMITS TO SHERIDAN STREET
Existing Speed Requested Speed ODOT Recommended Speed
40 mph 40 mph 40 mph
NORTH MAIN ST - SHERIDAN STREET TO GRANT STREET
Existing Speed Requested Speed ODOT Recommended Speed
40 mph 30 mph 40 mph
Existing Speed
30 mph
NORTH MAIN ST - GRANT ST TO MAPLE ST
Requested Speed ODOT Recommended Speed
30 mph 30 mph
Existing speed
30 mph
NORTH MAIN ST - MAPLE ST TO HELMAN ST
Requested Speed ODOT Recommended Speed
25 mph 30 mph
EAST
Existing Speed
25 mph
MAIN ST - HELMAN ST TO GRESHAM ST
Requested Speed ODOT Recommended Speed
20 mph 20 mph
LITHIA WAY - EAST MAIN ST TO HELMAN ST
Existing Speed Requested Speed ODOT Recommended Speed
25 mph 20 mph 2_0 mph
One recommendation to ODOT that was not accepted was the creation of a 25 mph speed zone
between Maple Street and Helman Street. Our reasoning for this zone was to provide additional safety
in the school zone near Briscoe and to slow traffic near the problematic intersection of Wimer and
North Main. Although Briscoe is no longer a public school, it has a similar usage. The Wimer / North
C:\WINDOWS\TEMP\March 25 04.doc Page i of 5
Hain intersection still has the highest accident rate in the City. A slower speed in this area may reduce
the crash rate.
We have 60 days to appeal ODOT's recommendation and if the commission elects we can ask ODOT to
reconsider the speed recommendation in the section of North Main between Maple and Helman Streets.
Discussion:
Chapman would like staff and the commission to challenge this recommendation. There is not enough
room for bikelanes and the speeds make it dangerous for pedestrians and bikes. There are future
developments on Grant Street that will effect the congestion the North Main area. Smith would like to
challenge, the Section B recommendation. This area could be 25 IVlPH for a smoother transition and
make the Wimer intersection safer. Green feels comfortable with the current speeds on North Main.
Mannion felt that pedestrian traffic beyond Maple was Iow because there is no destinations for
pedestrians in that area. Chapman feels that pedestrians avoid the area because there is no safe way
to cross the streets. Chapman voiced that ODOT bases their reports on the 85th percentile which works
for highways, not on streets. ]If you have pedestrians and bicyclists these speeds make the bicyclist
unsafe and uncomfortable. Mannion feels the bikepath could be utilized for bicyclists. Chapman
countered that bicyclists on North Main have to go back through town to Laurel Street to access the
bikepath. Doyle looked at the pedestrian accident count on the ODOT report and sees a high
concentration of pedestrian accidents in Section C (Helman to Gresham) but not many accidents in the
other sections. Busse asked what the likelihood of changing ODOT's recommendation would be if we
challenged the report? Smith was not sure.
Chapman asked if we did not challenge how soon it would be until the recommendations were put into
effect, especially the ones through downtown. Smith will ask if those recommendations could be
accomplished sooner.
Decision:
Laws moved to have staff challenge the recommendation and resubmit our original recommendations.
Seconded by Doyle, in favor, Mannion, Snell, Doyle, Chapman, Laws and Busse; Green opposed.
2. Request for Stop Sign on Westwood Street & Orchard Street
David Chapman asked for staff to look at the intersection of Westwood and Orchard Streets.
reported that many drivers disregarded the yield sign and that the intersection was becoming
problematic.
He
The intersection of Westwood Street and Orchard Street was improved approximately 10 years ago
when a single yTeld sign was installed on Westwood Street. The alignment and configuration brings
about some site restriction problems at the southwest corner. The intersection is further complicated
by the curved alignment of Orchard Street and to some degree Westwood Street. The traffic volume on
both streets is extremely Iow and is probably the sole reason this intersection does not have a crash
record. The visibility blockage at the southwest corner could be improved by some evergreen removal,
but not completely solved. The 3' high bank, unless continuously trimmed and the location of a power
pole and utility closure will continue to create a vision blockage.
Because of the Iow traffic volumes through this intersection, it is difficult to determine with any degree
of accuracy the predominate movement. Even though the volume is Iow, there are a number of
unusual conditions which combine to make this a problematic intersection. Staff recommends the
following actions be taken:
1. The property owner at the southwest corner of the intersection should be contacted and requested
to remove vegetation within the 25-foot vision clearance triangle.
2. Replace the existing yield sign with a stop sign.
C:\WlNDOWS\TEMP\March 25 04.doc Page 2 of 5
Discussion:
The build out of the Strawberry Meadows Subdivision will effect this location also.
vegetation will help some but the corner is plagued with problems.
Clearing the
Decision:
Busse moved to accept staff recommendation of having the property owner at the southwest corner
contacted about removing vegetation and having the yield sign replaced with a stop sign. Seconded by
Snell, passed unanimously.
3. Request for Stop Sign on Jefferson Street at Washington Street
Tanya Aziere, 245 Tolman Creek Road #17, suggested that the existing' yield sign' on Jefferson Street
at Washington Street be replaced with a stop sign.
Ms. Aziere works in a nearby building and has observed several near crashes. She has noted that the
traffic on Jefferson Street commonly fails to yield causing some near misses.
This intersection is a standard T-intersection, with a large commercial driveway on the north side of
Washington Street that functions similar to a fourth leg on the intersection. The driveway is aligned
with Jefferson Street and, as with all driveways, a stop is required of motorists entering the intersection
from the drive. The driveway serves a large commercial/medical subdivision being developed.
Currently this driveway has little impact on the intersection, but usage is expected to increase greatly
within the next few years. This drive is one of only two entrances to the development.
Currently the predominant traffic movements are into and out of Jefferson Street, which is a dead end
street, from Washington Street. Washington Street, just west of the .lefferson Street intersection has
the highest volume of traffic. Nearly ninety-eight percent of the traffic exiting Jefferson Street turns
left onto Washington Street. Sixty-seven percent of the eastbound traffic on Washington Street turns
right onto Jefferson Street. Since the most common traffic movements through the intersection are
turns into and out of Jefferson Street many drivers fail to anticipate the through movement on
Washington Street. Drivers at the yield position often do not take time to determine if the approaching
traffic might travel past Jefferson Street rather than turning right as the majority of the traffic does.
Staff feels that a stop sign installed in place of the yield sign would provide the added delay required to
make this a safer intersection. Traffic volumes have increased in this area and warrants are now met
for the installation of a stop sign.
Discussion: -
Commission agrees that this area is growing rapidly.
Decision:
Snell moved to accept recommendation to install a stop sign, seconded by Doyle and voted in favor
unanimously.
4. Request for Crosswalks & Signs in the Mountain Meadows Retirement Community
A letter from Sharon Slack, President of the Hillside Condominiums Homeowners Association requested
several additions to Mountain Meadows Drive area.
A stop sign to be installed on Plum Ridge Drive at Mountain Meadows Drive.
:Installing two street lights along Mountain Meadows Drive.
Painting five marked crosswalks across Mountain Meadows Drive.
Each of these requests will be addressed individually in the following communication:
C:\WlNDOWS\TEMP\March 25 04.doc Page 3 of 5
A. Request For Stop Sign on Plum Ridge Drive at Mountain Meadows Drive
A similar request was considered by TSC at its December 4~ 2003 meeting when the commission heard
a request for a yield sign at this location. The commission decided to delay adding traffic controls at
the intersection for a period of one year or more following the development of the Meadowbrook Park
Subdivision which will add over 100 new lots and seven new streets to the area. It is anticipated that
the commission will wish to apply the same conditions to this request.
B. Request For Additional Street Lights
This request should be directed to the City Electric Department. The Electric Department will require
the association pay for the new lights and provide for all conduit installations including any and all
trenching and backfill..
C. Request For Crosswalks
The map provided by Ms. Slack requests that crosswalks be marked across Mountain IVleadows Drive at
the following five locations:
2.
3.
4.
5.
South of Fair Oaks Drive
On the south side of Stony Point Drive
On the north side of Cobblestone Court
On the north side of Boulder Creek Lane (north section)
On the north side of Boulder Creek Lane (south section)
All intersections include crosswalks whether marked or not. City policy does not allow for marking of
crosswalks except where justified by the following conditions: On arterials and major collectors; in
school zones; in areas of concentrated pedestrian usage such as a park; in commercial areas where
pedestrian usage is high.
The City seldom marks crosswalks in residential districts. As we all know, marking a crosswalk does
not necessarily make it a safer crossing for pedestrians and in some instances may actually make it
more hazardous for the user.
Staff recommends that the City not install these crosswalks as requested, however, if the condominium
association would wish to fund the crosswalks at $175 each crossing the following locations would be
considered:
1. At Fair Oaks Drive on the south side of the street. All marked crosswalks must include
approved handicap access ramps. The crosswalk must exit onto a sidewalk (not in a driveway
section) and must include ramps on both sides.
2. At Boulder Creek Lane (north section) on the south side of the street between existing curb
ramps.
3. At Boulder Creek Lane (south section) on the south side of the street between existing curb
ramps.
All markings must be in thermoplastic material which has a life expectancy of over 5 years. It should
be highly stressed that the markings of crosswalks may have NO positive impact on pedestrian safety.
Staff reported that they had forwarded this request to the Electric Department for the street
light addition. If Hillside Condo Association agrees to the funding that can be installed but they will
need to get in touch with the Electric Department. The Plum Ridge Drive request was delayed once
before and the development will have impacts on the future usage of the intersection. The crosswalks
were looked at for functionality as well as meeting code requirements.
Speed studies show that Mountain Meadows has the lowest speed in the city. The average speed is :~6
MPH. The traffic volumes are very Iow in this area. The installation of the crosswalks that are in
approved locations will need to be thermoplastic markings and funded by the Hillside Condo
C:\WINDOWS\TEMP\March 25 04.doc Page 4 of 5
Association. The street department will be able to install them for the association. The cost for the
three crosswalks would be approximately $175 each.
Sharon Slack, Hillside Condo Association, 799 Roca Street, this association has recently taken
possession from the developer and are unaware of previous requests. She did not realize that some of
these requests were duplicate. They would like the light to be installed because there is a dark area.
The lights are on a hill and around curves so this area is not as illuminated. She will return to the
Association to see if they have funding for the crosswalks and the light.
Chapman asked if the curb cuts on Plum Ridge could be painted. People are parking in front of them.
Laws asked what the usual policy on street light installation was for the City. The lighting is considered
during the development phases of the subdivisions and usually there is anywhere from 300 to 500 feet
in between. Smith agreed that this location does have some physical constraints for the illumination.
Busse asked if the lighting could be brighter to accommodate older eyes. Smith does not know what
the exact wattage or voltage but we do have to be wary of complaints of light pollution.
Decision:
Snell moves to accept staff recommendation of allowing the three approved thermoplastic crosswalks,
one at Fair Oaks Drive; one at Boulder Creek Lane north section; and one at Boulder Creek Lane south
section if they can be funded by the Hillside Condominium Association. Seconded by Chapman and
passed unanimously.
Follow-Up On Previous Actions:
Traffic Safety Education
1. Legal Aspects of Traffic Safety, April ]14, OSU
2. Safety Analysis & Evaluation, May 25-26th, OSU
Eo
Development Review
1. Bike & Ped Commission Agenda
2. Planning Commission Agendas
3. Hearings Board Agenda
Capital Projects Update-
Other
1. Jackson County Project Schedule for 2004-2005
2. City Source Message
3. Posting of Personal Email - Commissioners were fine with having emails posted.
4. Downtown Parking Limits Resume
5. Other- Doyle asked if the sidewalks could be re-stenciled "pedestrians only". Staff
encouraged him to call the street department and see if this could be done by a citizen.
- Officer Cook informed commission that the grant monies for the pedestrian safety
operations had been received and the operations were being scheduled for April.
- Green asked if our police officers ever did televised call in shows similar to the ones
aired in Medford; Officer Cook could ask, but currently no.
Adjourned 8:10 PM
C:\WINDOWS\TEMP\March 25 04.doc Page 5 of 5
Office of the Mayor
Alan ~. DeBoer
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 28, 2004
City Council Members
Mayor Alan DeBoer
Appointments to Planning Commission
May 4, 2004 Council Meeting
At the April 20, 2004 City Council Meeting, council discussed the three Planning
Commission appointments whose terms expire April 30, 2004. Additional time was
requested by council to review all applications received in response to the advertisements
for vacancies on the Planning Commission during the past year. All applications were
provided to city councilors with a request for input by April 27, 2004.
Based on council input, the following are my appointments to the Planning Commission:
· Appointment of Allen Douma for a term to expire April 30, 2008 in place of
Raymond Kistler.
· Appointment of Olena Black for a term to expire April 30, 2008 in place of
Cameron Hanson.
· Appointment of David Williams for a term to expire April 30, 2008 in place of
Colin Swales.
In accordance with Section 2.04.080 of the Ashland City Code, ! request confirmation
from City Council of the above-mentioned appointments.
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com
CITY OF
SHLAND
Draft ASHLAND HISTORIC COMMISSION
Minutes
April 7, 2004
Community Development/Engineering Services Building - 51 Winburn Way- Siskiyou Room
Historic Commissioners Present: Chair Dale Shostrom, Keith Swink, Tom Giordano, Alex Krach, Joanne
Krippaehne, Jay Leighton, Rob Saladoff, Terry Skibby and Sam Whitford.
Absent Members: None
Council Liaison: John Mordson (absent)
Hi.qh School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Associate Planner Mark Knox and Secretary Sonja Akerman
CALL TO ORDER
At 7:05 p.m., Chairperson Dale Shostrom called the meeting to order.
APPROVAL OF MINUTES
Krippaehne moved to approve the March 3, 2004 minutes as submitted. With a second by Saladoff, the motion
was approved with all voting aye.
PUBLIC HEARINGS
Planning Action 2004-026
Site Review
81 Central Avenue
Wes and Lucinda Vail
All members had site visits; none had ex parte contacts.
Knox briefly reviewed the Vails' presentation to the Historic Commission during the March meeting. Their
proposed building will be a two-story, mixed-use structure. The narrow property is part of the old rail sPur that
connected downtown businesses with the main Southern Pacific Railroad line. A,1,792~square foot apartment
will be on the second floor and the first floor will consist of 1,781 square feet that will be :for commercial use. A
423 square foot garage on the first floor will provide parking for the apartment and the base for a deck. An
existing alley at the rear of the property with access off Helman Street will be improved and paved to City
standards to the end of the applicants' property. The remainder of the alley right-of-way to Water Street is very
steep and will not be improved. This alley will provide access to the angled parking area for the property. There
will also be one space in the garage and one behind the garage.
Knox said the design of the building is traditional arid similar to the one the Vails built on Van Ness Avenue.
There is deviation to the front of the building and on the downhill side. The entry to the. apartment is in the front
of the building off Central Avenue. The entry on the Iow side of the building will lead to the commercial space.
Landscaping will complement the second floor apartment on Central Avenue as well as the commercial area
below. He stated the Historic Commission had concerns last month about the siding material but after
researching the durability and cost of wood shingles, the owners have decided to use the natural color hardi-
shingles. Staff feels the application meets the Site Design & Use Standards and is recommending approval. One
of the conditions of approval is that all recommendations of the Historic Commission be incorporated into the
building plans and that such plans shall be reviewed by the Review Board and approved by the Staff Advisor.
Ashland Historic Commission Minutes
April 7, 2004
CiTY OF
kSHLAND
Owner/Applicant Wes Vail clarified the two issues of concern during the last Historic Commission meeting were
the material for the siding and the plainness of the west side of the building. A band around the middle of the
building has been integrated into the design. The cornice line will also go around the entire building. Vail said
he feels strongly that the hardi-shingles are the only way to side the building. He has investigated the cost of
installing redwood shingles and received an estimate thai: would cost him between $175-200,000. Fie was also
told that that if second growth redwood is used, the building would most likely need to be painted after about four
years and that the shingles tend to curl after approximately five years. He would like to paint the exterior with
a darker color. Hardi-shingles will hold the paint and their shape.
Skibby asked about the spacing of the shingles. In response, Vail passed around a Hardi-panel brochure and
pointed out the two styles of the shingles, noting he would like to use the "staggered" style.
Giordano questioned the smallness of the pediment over the entry door to the apartment, saying that to him, it
should be more generous. Knox noted that since it is not the entry to the commercial portion of the building, it
would be best to keep that entry on the smaller side. Vail passed around a photograph of a building that he
modeled the design and material after and said he would agree to make the entry broader and use a wider door.
Vail said the door will also be inset about two feet. Skibby stated the Site Design & Use Standards encourages
a strong sense of entry so he agrees the entry may look better a little larger. Whitford stated he feels the entry
will stand out more when it is actually built, especially since the trim will be painted a different color. Swink
agreed. Giordano suggested they study the prospect of making the entry more substantial to see what it would
look like. Shostrom commented the added design elements make a nice continuation.
Krippaehne stated the Vails have done a good job in being responsive to the Historic Commission comments.
However, she will vote against it as a token expression in getting away from traditionally designed buildings. She
explained she has a philosophical aversion to creating new buildings with traditional styles. The style proposed
by the Vails for this new building is not found in many historic buildings in Ashland. It represents a bit of a
degenerate style. In her perspective, she sees a problem with introducing new buildings with older styles. She
would like to see the Historic Commission discourage applicants from bdnging in other styles like this to Ashland
and would like to see instead designs that are more compatible with the Historic District. This will be a symbolic
vote on her part.
Discussion ensued regarding the size of the shingle exposure after Vail passed around pictures of the hardi-
shingle matedal on existing homes. Vail said in his research, different colors of paint showed the gaps differently.
He would like to paint the building a dark color and use a narrower exposure. Whitford suggested using straight
shingles with no more than a 6 inch exposure. Giordano suggested painting the building first with a darker color,
then applying a thin layer of a lighter color for highlights. The Commission agreed the exposure should not ~be
more than 6 inches. Vail asked about the shingles, stating he would prefer to use the four-foot panels,:The
Commission agreed the panels could be four feet, also that they should be textured and straight across with no
staggers.
When asked about the windows, Vail said he would like to use double hung vinyl windows that are dark brown
clad. In discussing this, it was noted that the dark color was no longer available in the vinyl windows, only white
and almond. The Commission agreed the Vails should use clad windows rather than vinyl in order to avoid the
light color, which would precipitate changing the color of the building to much lighter tones.
Vail asked about the use of new windows with mullions that have shadow lines. Shostrom stated the
Commission typically suggests windows with mullions built in not be used because they are imitations. Real
mullions, however, would be fine.
Shostrom opened, then closed the public hearing because there was no one in the audience to speak either for
or against the application.
Giordano commended the applicants for a great job in the design of the building on such a difficult site.
Ashland Historic Commission Minutes
April 7, 2004
2
CiTY OF
-ASHLAND
Giordano then moved to recommend approval of this application to the Planning Commission with the foflowing
suggestions: 1) the shingles have no more than a 6 inch exposure - 4 foot panels are alright, 2) the shingles
be straight, not staggered, 3) the owners look at different kinds of paint- for example, a darker base coat and
a thin layer of a slightly lighter color, 4) the owners look at making the apartment entry on Central Avenue slightly
larger, 5) almond or white colored vinyl windows will not work with the design and color of the proposed building
- the owners should use clad double hung windows so they will be darker, and 6) unless the owners use
windows with real dividers, the windows should be unbroken with no mullions. Whitford seconded the motion,
which passed with afl voting aye except Krippaehne, who voted nay for the reasons stated above.
Planning Action 2004-018
Site Review
322 Pioneer Street
Al and Sandra Carlson
All members had site visits; none had ex parte contacts.
Knox explained there are still issues regarding parking and vision clearance so Staff is asking the owner for a
continuance on this Planning Action. Owner Al Carlson and Designer Gary Caperna were in attendance and
agreed, stating that based on the parking situation, they now want to make changes also. Since the application
will be continued, there was no need for a public hearing, however, Caperna and Carlson asked for Historic
Commission input. This Planning Action will come before the Commission in May as a public hearing.
Caperna explained the application, as proposed, is for retail space on the ground floor with an apartment on the
second floor. The site is odd, thus making it a challenge architecturally. On the recent upgrading of the existing
building, Caperna said the general feel of the original building was kept by reusing the siding and keeping it with
an industrial look. They don't want the addition to be historically deceptive so they have proposed using
unpainted CMU block, with cornices for articulation. The canopies will be the same galvanized metal material
as was used on the existing building. He also noted the doors will be recessed 16 inches. Because the owner
is unsure what type of business will occupy the space, they would like to be somewhat flexible with regard to
the design of the openings. Carlson stated he would like to have one tenant occupy the space rather than to
break it up for more tenants. They would also like to keep the apartment if possible.
Shostrom asked about the vertical element on the design that had been submitted and Caperna replied it is a
galvanized panel projecting from the building with a light behind it that will project up and out. He added the base
will be fluted CMU, the main portion of the building will be smooth water table block, and the comice will be split
face and smooth CMU. Krach asked about the size of the block and Capema said each block is 8" x 8" x 16".
He stated they want to clearly define the new portion from the existing building.
Swink related it is not necessary to bring in so much galvanized material to make the addition compatible with
the existing building. Saladoff agreed, then added this is an opportunity to think "outside the box" on this project,
which would be relevant to Krippaehne's remarks earlier. He said the design that was presented is OK and safe.
Caperna agreed the design is benign. Saladoff offered there have been interesting things done in Portland and
Seattle with industrial buildings.
Skibby conveyed this has always been an industrial area. Leighton commended Caperna for not using canvas
awnings.
Shostrom remarked the CMU block seems to be the "material of the day." He suggested using a buff color to
offset the new portion. The design fits and looks industrial and commercial. He also suggested making the
vertical light material smaller in order to look more like sconces rather than an architectural material.
Caperna stated if the apartment was removed because of the parking issue, they would still like to keep the
same mass and volume of the addition. The Commission commented it would like to see the apartment remain
if at all possible. Knox said if the square footage of the apartment were reduced to 500 square feet, the number
Ashland Historic Commission Minutes
April 7, 2004
3
CITY OF
*ASHLAND
of required parking spaces would be reduced. Carlson noted he was unsure if a smaller apartment would be
worth building.
OLD BUSINESS
Review Board - Following is the April schedule for the Review Board, which meets every Thursday from 3:00
to at least 3:30 p.m. in the Planning Department:
April 8th
April 15th
April 22nd
April 29th
Skibby and Krippaehne
Skibby, Swink and Whitford
Skibby, Giordano, Saladoff and Krach
Skibby, Shostrom and Swink
Project Assiqnments for Planninq Actions
PA #2000-120
PA #2002-100
PA #2003-005
PA #2003-092
PA #2004-017
PA #2004-026
485 "A" Street (Steve Hoxmeier)
142 East Main Street (Earthly Goods)
35 S. Second Street (Winchester Inn)
124 Alida Street (Kirt Meyer and Vadim Agakhanov)
364 Hargadine Street (Ken Kolar)
81 Central Avenue (Wes & l. ucinda Vail)
Shostrom
Leighton
Krippaehne
Krippaehne
Krach
Giordano
Carneqie Library Restoration - There was nothing new to report.
Possible National Reqister Nomination for Lithia Sprin.qs Property - The Commission was invited to tour the
Lithia Springs Property with the Ashland Parks Commission and the Ashland Gun Club on April 22 at 4:30 p.m.
National Historic Preservation Week - Knox stated Governor Kulongoski will be in Ashland for the Oregon
Heritage Conference and is scheduled to speak at the noon luncheon. Mayor Alan DeBoer will preside over the
award ceremony at the new fire station.
ITEMS NOT ON AGENDA
Leighton asked for volunteers to help her register the people attending the Oregon Heritage Conference and
also to help with the bus tour to Jacksonville on Saturday. Knox asked for volunteers to help with the walking
tours on Thursday, Friday and Saturday.
Krach said he is concerned about the many different designs of street lighting currently being installed in the City
(especially new subdivisions) and asked if the City has a lighting plan. Knox responded Scott Johnson in the
Electric Department is in the process of heading such a plan. The Commission shared Krach's concerns.
ADJOURNMENT
It was the unanimous decision of the Commission to adjourn the meeting at 9:35 p.m.
Ashland Historic Commission Minutes
April 7, 2004
Office of the Mayor
Alan ~ DeBoer
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 28, 2004
City Council Members
Mayor Alan DeBoer
Appointment to Audit Commission
May 4, 2004 Council Meeting
In accordance with Resolution No. 2003-07 (Resolutions 98-06, 95-24 and 91-16
repealed), voting members of the Audit Committee shall be appointed by the City
Council. Roberta Stebbins' position as Citizen-at-Large on the Audit Committee expires
April 30, 2004 and she has requested not to be considered for reappointment.
In response to advertisements in the Ashland Daily Tidings, postings on the City's Web
site and notice board in City Hall, one application was received from Guy Nutter. A copy
of Guy Nutter's application is attached.
Appointment by the City Council is requested to fill the vacant Citizen-at-large position
on the Audit Committee for a term to expire April 30, 2007.
Attachment:
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com
City Recorder's Office
Attention: Fran Berteau
20 E. Main Street
Ashland, OR 97520
Guy B. Nutter
1037 Pinecrest Terrace
Ashland, OR 97520
541-488-6900
Re: Application for Volunteer Positions
March 5, 2004
Dear Fran,
Per our telephone discussion, this letter is to let you know that I'm intei'ested in being
considered for appointment to one of the following Committees, Commissions or Boards:
A. Audit Committee - my first choice
B. Building Appeals Board - second choice
C. Traffic Safety Commission - a third choice
As of April 30, 2004, I will have finished serving a three-year term with the Bicycle &
Pedestrian Commission and I'm looking for the opportunity to serve on another volunteer
Committee, Commission or Board.
I have skills, which will be of value as a volunteer. I am, and have been, an attorney for
just under 30 years. While the bulk of my employment as an attorney was in Southern
California, I have also worked with the Internal Revenue Service and the Federal
Communications Commission in Washington DC. I have also been trained and worked as
a mediator, and a small claims judge.
The m~ority of my legal career involved corporate reorganizations. That entailed
working with businesses facing financial problems and constraints. I have had a
considerable amount of hands-on experience utilizing financial statements in locating
areas where unnecessary or redundant expenditures were occurring and where cost
savings could be implemented.
Should you need any additional information, please do not hesitate to contact me.
Sincerely,
CITY OF
, SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Charter Review and Update
Administration
May 4, 2004
Ann Seltzer, Management Analyst
Gino Grimaldi, City Administrator
Synopsis:
At the regular council meeting on April 20, the council discussed the charter review and update from
four perspectives and with varying viewpoints including the timeline, conunittee member appointments,
extent of review and public input process.
Some of the issues raised included the need for an educational component for both the committee and
the public, whether it was still possible to have a document ready for the November election, how to
recruit committee members and more.
Due to the lateness of the meeting, council was unable to complete its discussion of the points listed
below and did not reach a consensus on how to proceed. No direction was given to staff.
Recommendation:
Additional discussion of these key issues is recommended.
Suggested Discussion Points:
1) Public input is a critical element to the review of Ire charter. Should public input be expanded beyond
hearing public testimony at each meeting? Included in this packet is the Citizen Participation Plan which
was adopted by the council in 2001 and serves as a guide for designing and implementing a public input
process. Does this plan adequately serve as a guide for the public input process?
2) Appointment of the committee. The draft resolution creating the committee states the "no member shall
be appointed who c~rrently holds an elected position for the City of Ashland. The mayor and the council
shall make every effort to appoint members who are impartial, non-biased and free of any perceived political
gain and have some expertise in the knowledge of local government." How will it be determined if
applicants are impartial, non-biased and free of any perceived political gain? Would a formal interview
process with set questions be useful?
3) Timeline/Meeting Frequency. The draft timeline calls for weekly meetings of the committee and includes
the expectation that work will be completed in time to place a revised charter or amendments to the charter
on the November ballot. How important is it that a revised charter or amendments be ready in time for the
November elections? How important is it that the committee begin and complete their work within a specific
timeframe? (Deadline to submit information to the county for March 2005 election is early January eight
months from now and the deadline for May 2005 is early March~10 months from now.)
4) Extent of Review The draft resolution and expectations of the charter review committee set in motion a
comprehensive review of the charter without limitations. Should the city council wish to place any
limitations on the committee or have one or more reports back to the city council during the review, it would
be appropriate to provide that direction at this time. How important is it that the Charter Review Committee
be free of limitations? How might limitations placed on the committee be viewed by the community?
Should the council approve the attached resolution and draft Expectations of the Charter Review Committee
staff will begin the process to form a committee based on direction from council.
Should the council approve the Expectations of the Charter Review and Revision Consultant staff will
contact the three "Oregon experts" identified during the study session and invite them to submit a proposal
based on the attached expectations.
Fiscal Impact: ' ·
It is anticipated that contracting with a charter review specialist to assist the committee will cost between
$5,000 and $10,000. Ifa city holds a special election on a date other than the primary election or general
election it bears the expense of the election. Ashland's cost for the May 2003 election was $3,400 to include
the Youth Activities Levy on the ballot.
Background:
At the council study session on Wednesday, March 17, Sandra Arp, formally with the League of Oregon
Cities, spoke to the council about charter reviews and charter review committees and her experience in the
field. Sandra has assisted forty cities in Oregon with charter reviews and revisions.
Council directed staff to proceed with a draft of the charge of the charter review committee, the process and
the timeline and to engage the services of a consultant to review the existing charter.
Attached is a draft of the charge of the charter review committee, the expectations of the consultant and a
suggested timeline for the committee in order to meet the deadline for inclusion on the November ballot.
At the regular council meeting on February 17, the council requested that an expert in charter review and
revisions be invited to attend and present at a council study session.
Sandra Arp, charter review specialist, formally with the League of Oregon Cities, spoke to the council about
the importance of a charter review and update, a charter review committee and make-up and how a specialist
can assist in the process.
Ms. Arp explained that a city charter should grant powers in a broad general sense, should not include
specifics, which are'best placed in city code, and that a charter be examined from three perspectives: from a
legal standpoint, from a practical standpoint, and from a political standpoint. It is critical that the committee
has a strong chair and that members have some expertise and knowledge of the workings of local
government.
Ms. Arp stressed that a charter review committee should approach the charter review and charter revisions
looking towards the future and not at the present. She noted that the current charter was amended and
adopted in the early 1970s and that a review and revision is in order.
In addition to Ms. Arp there are two other Oregonians with experience in charter reviews and revisions: Tom
Sponsler and Tim Sercombe.
The current Charter of the City of Ashland was reviewed and amended in 1970. Voters approved the
proposed amendments in 1972.
Cities and counties update their charters for a variety of reasons: to clarify lines of authority, to clarify
confusing language, to improve the efficiency and cost effectiveness of government, to eliminate obsolete,
conflicting and ambiguous provisions. Some charters specify that the document is reviewed on a regular
timeline, other charters do not; some specify the make up of a charter review committee others do not.
Because the needs of communities change, and State and Federal laws change, it is important that a charter
be updated periodically and reflect the current times. Sometimes communities choose to adopt an entirely
new charter and include elements of the original.
A city charter is viewed as a city constitution. For this reason, city powers are generally stated in broad,
general comprehensive terms. The charter should deal only with the basic, broad fundamentals of city
government. It should be as concise as 'possible and adaptable to changing conditions to avoid the need for
frequent amendment.
A charter can only be amended by a vote of the people. Generally charter amendments are referred to a vote
by the Council but amendments can also be proposed by initiative petition.
Should the council decide to proceed, the following basic steps should occur.
1) A motion and vote of the council to create a citizen committee to undertake a review of the Ashland City
Charter.
2) Define the charge and make up of the committee.
3) Appoint a Charter Review Committee of no more than seven or ten people.
4) Hire a consultant with experience in charter drafting, legal review and evaluation to assist the committee.
5) Council reviews and deliberates on recommendations from the Charter Review Committee and then
decides what to place on the ballot.
Attachments:
II.
III
IV
V
VI
Memo from Cate Hartzell
Citizen Participation Plan
Draft resolution
Draft Expectations of Charter Review Committee
Draft Expectations of Charter Review Consultant
Ashland City Charter
MEMO TO CITY COUNCIL
From: Cate Hartzell
April 29, 2004
RE: Council's 2003-2004 Goal relative to this topic states: "Consider update of City
Charter"
In setting Council's 2003-2004 goals, there was agreement only for the "update" process.
To my knowledge, there have been no formal decisions by Council to move beyond a
basic update of the Charter. Substantial changes are typically initiated and campaigned
for by a group of citizens.
A fundamental question inherent in this matter is what role the Council should play in
governance changes to the Charter. If we decide: that City Council should not be
involved, then we should rely on the legal options that citizens have to campaign for
changes through the initiative process. If we decide that City Council should play a role,
then we should discuss what governance changes we are asking the Committee to
examine and clearly state the problems we are attempting to address by doing so.
Recommendation:
1. The Council and Mayor create a list of individuals to comprise a Charter
Technical Review Committee. This Committee would be small and comprised of
people with knowledge of legal aspects of Charters and Oregon municipal
functions. Since we would not be addressing governance changes, it could include
a member of Council, past elected officials/mayors, and citizens experienced with
governance bodies and charters/constitutions that guide them.
2. Council direct staff to create an RFP for a consultant to assist in the updating of
the Charter. Reconsider the $5,000 spread in estimate. Since we'd be limiting
work to updating, there is a cost-savings that needs to be calculated into RFP.
3. Technical Review Committee meets with consultant to develop recommended
changes to the Charter to only update it. This may or may not involve the use of a
model charter.
4. Tecl~ical Review Committee would work with staff to convene at least one
public meeting before forwarding recommended changes to Council. At least one
non-public hearing public meeting will be held after Council receives
recommendations.
5. Meetings of the Technical Review Committee will be open to the public and
scheduled according to the needs of its members, with emphasis on evening
meetings where possible to allow for public attendance.
6. The process will not be rushed, but will be provided with the support needed to
accomplish the task in a timely way.
7. Council communicates to the public that we will not be pursuing additional
Charter changes at this time, but that it is their right to do so.
1 of 3
Advantages of completing an update separate from a substantive governance changes:
As stated by the consultant, this would be a rather straightforward process and result
in a) a shorter process, b) that would be more likely to pass a vote of the electorate, c)
savings of staff time, and d) a lower level of public debate.
· It places the task of building political support for governance changes upon the
citizens, rather than Council.
If citizens advanced other political changes separately, the public would be voting on
them separately from Charter changes that are proposed for "housekeeping" reasons.
Disadvantage of completing an update separate from a substantive governance changes:
1. If a group of citizens secured support for other Charter changes, there would need to
be a separate vote of the public.
If majority of Council votes to include the option of changes to political governance
components in the update process, I have the following requests:
1. That the Council discuss governance changes that could be made in the Charter prior
to convening a Committee to determine whether Council wants to include or exclude
items from the work of a Committee. The Parks & Recreation Commission was
unaware of this process until this week;, we might want to include them in Council
discussion.
2. That if a committee is created, the Council and Mayor work collaboratively on its
composition.
3. That the public process leads this process. Work by a consultant will be used to
inform the public and Committee on housekeeping items only. Any work by a
consultant to explore options for "non-updating" items will be made after the
Committee holds public meetings and deliberates.
4. That the schedule for proceeding not be bound by an election cycle, but defined by
benchmarks for progress checks with Council. Meetings at night allow for the most
public attendance and meetings every week are a burden on Committee members and
the public.
5. That the Council remove most of the meeting rules proposed and provide a
professional facilitator for the Committee work. If not, the selection of a chair must
be made based on evidence of strong, demonstrated facilitation skills. Neither the
Consultant nor staff should facilitate meetings.
6. Task the committee first with the updating process, exclusive of governance changes.
Charge them with presenting those changes separate from any governance changes.
7. If Committee is to work on governance changes, charge them with documenting the
problem the change is meant to address, and an assessment of the advantages and
disadvantages of each, in addition to any recommendations they make.
8. Require a minimum of three public meetings separate from the Committee work
sessions to ensure that the work of the Committee reflects a large segment of the
citizens.
9. Require that members of the Committee reside in the City and set a minimum number
of years they have been residents.
10. Strengthen emphasis on public input during each meeting, perhaps at different points
in each meeting as different topics are discussed.
2 of 3
11. Re-examine decision making quorum requirements. It seems inappropriate that 6)
establishes that decisions can be made by 3 people. 7) establishes that 4 people
constitute majority for final recommendations, rather than whole committee. We
should mandate that the whole committee vote on the final recommendation and that
2/3 vote constitute approval.
Remaining questions that I think need discussion:
· Is selection of consultant a low-bid? Who decides which consultant is selected? Is a
$5,000 spread in consultant budget appropriate?
Is there an advantage to asking public to vote on a charter in sections, so that it's not
an all-or-nothing campaign and people are given ability to approve/disapprove
components of proposed changes? If so, that influences how it is brought to Council.
3 of 3
CITY OF
,ASHLAND
Tuesday, April 13, 2004
'CITIZEN PARTICIPATION PLAN
CORE ELEMENTS
February 2000
INTRODUCT~'ON
Ashland, like other American cities, is aware of a changing environment that
requires new ways of doing business. A new, more collaborative style of
decision-making is not only required, but results in better decisions. Problems
are increasingly complex, expensive to address, and require multifaceted
solutions. Getting people of different perspectives together to talk about
problems and potential solutions is essential. Collaboration has the highest
potential for building long-term and well-supported solutions. While it can be
frustrating and messy, drawing upon new skills and patience, it is
indispensable, and the City needs a process that will maximize its benefits.
Better government decisions depend on effective government, and a
collaborative government can serve as the leader and partner to developing
long-term solutions to problems. This requires a serious commitment from
everyone involved to embrace the change toward collaborative decision
making and learn together how to make it work.
C'zTIZEN PART1'CTPATTON
The goal of this Citizen Participation Plan is to provide a menu of choices for
including citizens' voices in decision making. Residents of the City of Ashland
are typically educated about issues, outspoken in their opinions, and involved
in shaping decisions. The City, of Ashland encourages !ts public officials and
employees to engage with its citizens. Therefore, citizens often enjoy good
working relationships with staff and decision-makers. This Plan offers
participation processes that will continue to build on the solid interaction
between citizens and City management.
Democracy relies on engagement by citizens as a means of forming better
solutions to civic matters. Citizen participation processes must be inclusive of
those who identify themselves as interested and/or affected by decisions that
will be made on issues of relevance to them. Citizen participation practices
must result in decisions that reflect the community's voices.
Citizen participation is not a substitute for decision-making by the City, but a
very important influence on it. Shared decision-making is not a cure for
conflict because it does not mean the final decision will make everyone happy.
ft lets everyone know the reasons for a decision in the hope that all or most
participants will accept that decision, even If they do not agree with it.
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Major Principles
Citizen participation should result in:
· Trust between government and citizens
· Informed judgements about City activities
· Face-to-face deliberation
· Decisions that reflect a thorough consideration of community issues and
perspectives
· Transparent and trackable decisions with stated accountabilities
· Common understanding of issues.and appreciation for complexity
Public participation is a process which allows City government to engage with
the public to jointly:
· Increase understanding of issues
· Determine possible options
· Generate new ideas
· Discover and explore possible compromises
· Gauge the greater public's support for various solutions
Successful citizen participation requires:
· Genuine intent and attitude by the City and its citizens to engage in a public
process to help make better decisions
· A clearly defined process that identifies participant roles
· A variety of ways to participate and influence decisions
· That it occur early enough in the process to influence the outcome
· Effective communication throughout the process, including identification of
assumptions about the issue, disclosing rationale for one's opinions, and being
willing to consider the merit in others' opinions
· Identifying and inviting people who are affected or interested in the issue to
be part of the process
· That dialog and deliberation be a part of the process
· That all participants work hard, listen to all sides, and attempt to
understand opposing viewpoints
· Considering the "public good" perspective on all issues, especially when
personal interests differ
C:]:T:i:ZEN EXPECTAT:I:ONS AND RESPONS]:BZLI:TI:ES
· A fair, respectful, and open process which allows all who are affected or
interested to have an equal opportunity_ to partici_pate_
· Clear, complete and straightforward information from the City and other
presenters
· To be involved early enough in the process to influence the outcome
· To work hard at learning about the issue, _listening to all perspectives,
attempting to understand opposing viewpoints, trying to reach compromise on
difficult issues, and to consider the "public good" perspective on all issues
· Follow-up to their involvement by receiving information about the final
decisions and why it was made
· To be'able to be part of the solution and to define a role in implementation
as is appropriate
ELECTED OFFZCZALS ROLES AND RESPONSIBZLZT~ZES
· Recognize the benefits of citizen involvement and serve as an advocate for
its use
· Provide resources and support City staff initiative in utilizing public
participation processes
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t'age .) Ol t3
· Decide the citizen involvement process that will be used before the process
is initiated
· Define the decision-making process and the roles that respective parties will
play
· Identify elements of the issue that may not be conducive to open process
· Assist in issue scoping
· Provide clear delegations of responsibilities between elected officials and
City staff, where appropriate
· Ensure that citizens are aware of the opportunities to participate throughout
the prescribed process
· Assist citizens to work hard to understand the issues, respect opposing
viewpoints, work for good solutions and help to define the "public good"
· Honor the spirit of the process as it is proceeding and respect the
ambiguous nature of the process
· Be informed about the process and engage where appropriate to ensure the
goals of the process
· Fulfill their role as decision-maker according to the selected type of citizen
involvement process being used
· Evaluate the effectiveness of each public involvement process
CITY STAFF ROLES AND RESPONSIBILITIES
· Recognize the benefits of citizen involvement and serve as advocate for its
use
· Inform themselves of the efficacy and appropriateness of public involvement
processes that may be useful in specific applications of their department's
work program
· Ensure that resources are adequate for staff's role in conducting the process
· Provide citizen involvement training to staff
· Utilize performance incentives that build and foster capacity for success in
public involvement
· Engage with the public as partners in the design and execution of the public
involvement strategy
· Help design and carry out the public: involvement process in a way that most
effectively ensures success
· Evaluate the effectiveness of each public involvement process
· Ensure that informational needs of the project are fulfilled
· To try and identify and involve as many affected or interested citizens as
possible by designing a process that goes out to the people and is easy to
become involved in
PHASES OF THE PUBLI'C INVOLVEMENT PROCESS
Step i - Issue Generation Phase
Issues derive from a multiplicity of sources: the City Council, City staff, or
citizen commissions may identify problems or opportunities. Federal or state
agencies or other governmental bodies can introduce new laws, regulations, or
even funding opportunities that initiate municipal action. Community members
often raise issues or suggestions for activity meant to improve quality of life.
Step~ 2 - Issue Identification Phase
This is the phase at which formal action begins through the scoping, or
defining the aspects of an issue or opportunity by the appropriate body. The
outcomes from this phase are a clear definition of the problem, the
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information and date that is compiled, a preliminary list of those who we could
predict would have a perceived interest in the outcome (stakeholders), and
the history of the issue or opportunity.
Step_ 3 - ~rdentification of Process Parameters Phase
If an issue is totally non-negotiable (that is, there is no way to alter what must
be done), it is not suitable for public participation. With City issues, this is
rarely the case, and usually the flexibility of decisions is suitable for public
decision-making. "'- ....
There are instances where some elements of a public decision making process
are non-negotiable. These elements usually are moral, ethical, legal, safety or
financial issues. The non-negotiable aspects of a decision process should be
clearly stated at the outset of designing the public involvement process. It is
important to note that these parameters must not be merely preferences.
Citizens may challenge these items, and the City must have defensible reasons
excluding them from the process.
Step 4 - Clarifying Decision-Nakers Phase
There needs to be a statement of whom has final authority to make the
decision. This is a policy call by the City, and it is vitally important that
everyone know at the outset who has final decision-making authority.
Step 5 - Goals and Timeline Determination Phase
:In this phase, the real or anticipated constraints on the process are identified,
such as time limitations, costs, staff availability, technical complexity, public
interest and political climate, and the size and nature of stakeholder groups.
The deliberating body considers the types of processes that would be
appropriate to the situation, given the constraints and needs. The outcomes of
this phase are the project goals, the benchmarks and timeline under which it
is expected to be implemented, and the assignment of responsibilities.
Step 6 - Citizen Participation Process Determination Phase
Depending on the type of issue that is being considered there are many
different ways to engage citizi~ns. If this issue requires individual judgement or
opinions, focus group interviews, random sample surveys, response forms,
newspaper inserts, or direct mail can be used. If the issue requires community
problem solving, workshops, charrettes, open houses and discussion forums
can be used. Complicated and technical issues might best use advisory or ad
hoc committees, a series of workshops or open houses, or working with
existing organizations. The outcome of this phase is the public participation
process plan.
S~tep ? -.La~y(ng the Foundation and Informational Gathering Phas_e
It is important for the people who will be involved in this phase to begin by
clarifying the problem or charge they have been asked to address and the
tasks that will be required to meet their goals. If a group is involved, it will
also need to define and/or adopt the behavioral guidelines under which they
will operate. This phase will likely involve compiling information, perhaps even
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educating other members of the community on the issue. Depending on the
issue, people may learn and gain insight into other or new perspectives. If it is
anticipated that the task phase will continue for very long, those involved may
develop a plan for communicating its progress to decision-makers and
interested parties.
Step 8 - Launch the Process Phase
If the steps up to this point are done well and the process is started with a
positive attitude, chances for success are enhanced. Clarifying the issues early.
in Situations of potential conflict can help to lower the sensitive nature of this
issue. By including people who may feel threatened by the outcome of the
issue and allowing them to help build the process, chances for a successful
outcome can be greatly improved. It is important to cast the net as widely as
possible so that as many people as possible are aware of the opportunities to
become involved. Initial outreach should always communicate the problem as
we know it, the decision parameters, the process, the preliminary timelines of
the project, and the various ways to become involved. These themes must be
stressed in all subsequent communications and information materials.
Between Steps 1 & 8 - Check and Feedback Phase
Before moving from each of the first eight phases, it is important to double
check results with decision-makers and stakeholders. This serves the purpose
of checking in to see whether new information has become available, laws
have changed, a new set of stakeholders or perspectives have emerged. If
not, the process moves forward. If there has been a shift, the process is
reviewed for its adequacy.
Step 9 - Project Completion Phase
Throughout the remainder of the project, it is important to communicate often
and clearly with citizen participants, elected officials, other City staff members,
general citizens, the news media and other affected agencies. Always err on
the side of too much communication rather than err on the side of too little.
The project will usually end up with a recommendation, decision, report or
some other end product. Make sure this is widely distributed to all of the
above mentioned parties also.
Step 10 - Decision-Making Phase
In this phase, those charged with making final decisions review the outcome of
the Project Completion phase and act upon it. This could involve acceptance
and/or revisions of the product. The decision and the rationale behind it are
communicated to the public.
Step 11 - Implementation Phase
The outcome of the decision-making phase is implemented.
Step__~2 - Evaluation Phase
In order to promote and refine our collective learning from these processes, it
Is essential that we evaluate the efficacy of both the public participation
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process utilized and the eventual outcome of the decision-making process. The
experiences of those directly involved in the process need to be collected
through a process or people who can be objective in the task. It is also
important, depending on the scale of the process, to collect the opinions or
experience of those who were not directly involved. The evaluations need to
be documented, shared with decision-makers and maintained in a manner that
makes them accessible for public review.
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Attachment III
RESOLUTION NO. 2004-
A RESOLUTION CREATING THE CHARTER REVIEW COMMITTEE.
Recitals:
A. The City of Ashland Charter was last reviewed and amended in 1970.
B.'A 2004-05 goal of the city council is to "complete a charter review and update".'
C. The City Council has determined that it wishes to form a Charter Review Committee to
evaluate the existing charter and to determine if the charter should be updated or changed.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. A Charter Review Committee is created which shall consist of nine voting
members and one alternate, non-voting member, all of whom shall reside within the City of
Ashland and who shall be appointed by the mayor and confirmed by the council. Two
members of the committee shall be former elected city officials and seven shall be selected
at large. No member shall be appointed who currently holds an elected position for the City
of Ashland. The mayor and council shall make every effort to appoint members who are
impartial, non-biased and free of any perceived political gain and have some expertise and
knowledge of the workings of local government.
SECTION 2. If the committee determines changes to the charter are warranted, it shall
prepare a draft charter or draft amendments to the existing charter for the City of Ashland
for review by the council for placement on the ballot for the voters of Ashland.
SECTION 3. The committee shall be subject to, and shall follow, to the greatest extent
feasible, the attached document entitled "Expectations of the Charter Review Committee."
SECTION 4. The committee shall terminate at the time a new charter or charter
amendments are voted on by the people of Ashland, unless the committee determines
changes are not warranted. In such case the committee shall terminate when it makes
such report to the city council.
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 Christensen, City Recorder
SIGNED and APPROVED this ~ day of
,2004.
Reviewed as to form:
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
H:\Recent\Charter Review~charter commission reso.doc
Attachment IV
CITY OF
-ASHLAND
DRAFT
Expectations of the Charter Review Committee
"Membership on a charter review committee is accepting responsibility for [eadership in
the most important single civic effort that any community 'can undertake. The duty of
leadership is to find the highest attainable level of improvement, not just a token advance.
Statesmanlike compromise is simply a means to this end." Guide for Charter
Commission, National League of Cities
Purpose and Overview
The primary function of the charter review committee is to review the existing charter to
determine if it will adequately serve the community well into the future. If necessary, the
committee is to prepare a draft charter for the City of Ashland. The proposed charter will
ultimately be reviewed by the city council for placement on the ballot for the voters of
Ashland.
The committee must be impartial, non-biased, and free of any perceived political gain and
may approach the task in whatever means results in a document that best serves the citizens
of Ashland.
In addition to adhering to the Oregon Public Meetings law, the committee will strive to
include the community beyond the requirements of the law. The council encourages the
committee to seek opportunities to educate the community about the process and purpose of a
charter review, the importance of a city charter and to solicit community input.
It is the council's experience that undertakings of this scope are best achieved within a set
timeline during which committee members are focused on achieving the task in a timely ~
manner. Stretching a task over a period of many months can result in a commi~e,e~
loses focus, interest and drive and a drop in attendance. As such, the counci(~hat the
committee-fallo,,v the attached timeli, Be so that the proposed charter can be plan the
November ballot. ~~
The city will engage the services of a consultant with expertise in charter reviews and
revisions that will assist the committee as detailed in the attached Expectations of the Charter
Review and Revision Consultant.
Membership
The committee will be comprised of nine voting members: two former elected city officials,
and seven other citizens. The mayor will appoint a member to serve as chair.
An alternate committee member will also be selected and will serve as a non-voting member.
Should a member of the committee be unable to fulfill duties, the alternate will assume the
role of the voting member. The city attorney will attend all meetings and will act in an
advisory role and a current city employee will staff the committee.
Expectations of the Charter Review Committee
The Charter Review Committee will adopt the following policies and procedures.
Regular Meetings
1. Committee will meet every week unless changed by a majority of the committee at a
regular meeting.
2) Meetings .will occur in council, chambers so that they may be televised and or taped.
3) The committee will consider written and oral testimony offered during the charter
review process.
4) At the first meeting, the committee should elect a vice-chair who will serve as chair in
the absence of the chair.
Attendance, Quorum
1) Three consecutive unexcused absences equal resignation.
2) Members will be notified after a second consecutive absence to allow an opportunity
to attend future meetings.
3) The committee will determine whether absences are excused.
4) Members unable to attend shall notify the staff liaison or chair by phone or e-mail in.
advance of the regular meeting.
6) A quorum of at least 5 committee members must be present to conduct business at any
meeting. A majority of a quorum is necessary to adopt any motion.
7) A quorum for the final report is two thirds of the committee membership at the time of
voting.
Subcommittees
Subcommittees may be formed for the purpose of gathering information and forming a
recommendation to be brought .forward to the full committee. However, only the full
committee can vote on and accept the recommendation. Subcommittees must meet the
requirements of the Oregon Public Meetings law.
Alternate Member
1) For the purpose of deliberations, the alternate member may attend all meetings, offer
suggestions and participate in discussions and abide by the same attendance rules as other
committee members.
2) The alternate member may not vote or make motions on final decisions by the
committee.
3) The committee will make every effort to consider the alternate member's positions,
respond to questions and treat the alternate member with due respect.
Testimony
1) Public testimony will be accepted at each meeting.
2) Meeting agendas will have a designated time for the purpose of hearing public
testimony.
3) Public hearings will be scheduled as part of the charter review.
4) Guests may be invited to speak to the committee.
Expectations of the Charter Review Committee
Motions
1) The chair will strive to reach consensus of the committee whenever possible.
2) Motions on changes to the charter constitute tentative approval of such changes
pending approval of the final report to the city council.
Consultant
1) The consultant will act in an advisory role to the committee.
2) The consultant will review the existing charter, identify needed changes and updates,
perform a legal review of the current charter, compare the existing charter to the model
charter and present the information at the first regular meeting of the committee for
committee review.
3) Prepare and explain substantive provisions for consideration, draft alternative political
provisions for discussion and consideration.
4) Draft a charter and revise the draft based on input from the committee.
5) Prepare a final version of the new charter for committee review and'council approval.
Prepare a ballot title and explanatory statement.
6) Attend a final meeting in Ashland for presentation to the city council.
Staff
1) The city attorney or designee will act in an advisory role to the committee.
2) Staff will support the work of the committee and assist the chair/vice chair in
preparing the agenda. Agendas will be mailed electronically or by post in advance of
meeting by staff. Staff will conduct research for the committee, send invitations to
speakers/guest requested by the committee. Should the committee require additional staff
support beyond what is provided, a request should be made to the city administrator.
3) Comprehensive minutes will be prepared from each meeting and will be sent to
committee members prior to the meeting.
4) Staff will post to the city's web page all information related to the committee's
proceedings.
Miscellaneous
1) Roberts Rules of Order will govern decisions at meeting.
2) The committee will be clear and simple in its procedures and the consideration of
matters coming before it. It should avoid invoking the finer points of parliamentary rules,
which may serve only to obscure the issues and 'to cause audience or citizen
misunderstanding or misapprehension about action taken at the meeting.
Attachment V
CITY OF
dkSHLAND
DRAFT
Expectations of the Charter Review and Revision Consultant
The consultant engaged to assist the charter review commission will:
Provide an educational presentation to the committee and the community on the
importance of a charter review and update, how a consultant helps in the process and the
various methods of approaching a review.
· -Review the existing charter and identify needed changes and updates
· Perform legal review of current charter provisions
· Compare 2004 League of Oregon Cities (LOC) model charter for t~pdated charter
provisions
· Attend the first meeting of the charter review committee to consult about the role and
function of a charter, discuss the project goals and expectations and agree on a
process and timeline and present the legal review of the current charter
· Provide general basic provisions for review
· Prepare and explain substantive provisions for consideration
· Attend a second meeting in Ashland with the charter review committee, halfway
through the process
· Draft alternative political provisions for discussions and consideration
· Distribute draft charter and discuss at a meeting in Ashland
· Revise draft charter based on input from the committee
· Prepare a final version of the new charter for council review/approval
· Prepare a ballot title and explanatory statement
· Attend a final meeting in Ashland for presentation to the City Council
The above list requires the consultant to attend three meetings in Ashland with the
committee, however additional meeting attendance may be necessary.
The City of Ashland will:
· Exercise overall administrative responsibility for the project
· Provide all organizational and staff support for charter review committee,
· Act as a liaison for the charter review committee and council
· Arrange for publication and distribution of drafts and final charter or amendments
· Provide final materials to the county clerk
ASHLAND CITY CHARTER
INTRODUCTION 00 History of the Ashland Charter
The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to
the City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of
the City,' which remained in effect until 1970, although amended numerous times over the years.
In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted
and amended without action bY the State Legislature. A vote of the Ashland citizens to amend the City
Charter 'or'"t6 ad0pt:a 'n6w One' i:an-effect.changes.in-:the., strue, tur. o .and p6wers of. 'Ashland city:
government. For this purpose, the Council may call a special election on the Charter by initiative
petition.
In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and
the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of
the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting
obsolete provisions, thereby simplifying this important do. cument and making it a more workable' one.
Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative
refinements, and these amendments have been incorporated into the following compilation of the City
Charter.
Notes: 1) City incorporated 10-13-1874
2) First Ordinance passed 11-14-1874 -Setting Boundaries of the City of Ashland
ARTICLE I Name and Boundaries
Section 1. Title of Enactment This enactment shall be referred to as the Ashland Charter of 1970.
Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a
· municipal corporation with the name "City of Ashland".
Section 3. ~ The City shall include all territory encompassed by its boundaries as they now
exist or hereat~er are modified by the voters, by the Council, or by any other agency with legal power to
modify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this
Charter, in each of which he/she shall maintain an accurate and_ up-to-date description of the boundaries.
The copies and descriptions shall be available for public inspection at any time during regular office
hours of the Recorder.
ARTICLE 2 poWers
Section 1. Powers of the City The City shall have all p.owers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow municipalities,
· as fully as though this C-harterspecifieally enumerated ea.ch Of those powers, as well as al.l powers, not-
inconsistent ~vith the foregoing; and, in addition thereto, shall possess ali powers hereinafter 'speCifically
granted.. Ali the authority thereof shall have perpetual succession.
Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the Scope of the powers, which the City would have if the
Page I of 16
ASHLAND CITY CHARTER
particular power were not mentioned. The Charter shall be liberally construed to the end that the City
shall have all powers necessary or convenient for the conduct of its municipal affairs, including all
powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the
State Constitution.
Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special
election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a
new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or
referendtim '6t:dinaflc~ 0~"}he' City -of Ashland,'o~ the laws of the- S'~a~e "of Oregon. - ' "'. - -: ' .... -- .-.-
ARTICLE 3 Elective Officers
Section 1. Elective Officers The elective officers of the City shall be: a Mayor, Recorder, six (6)
Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78)
Section 2. Qualifications All elective officers except the Municipal Judge_shall be residents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries Any change in the amount of the present compensation received by elective officers,
except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the
salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the
fiscal year 1974-75 'in the same percentage as the average salary adjustments of the other supervisory
employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will
initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the
average salary adjustment of the other supervisory employees and department heads of the City of
Ashland. (Charter amendment 5-23-78).
Section 4. yacancie~ An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction
of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or,
in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days
without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60)
days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of
the Council.
A vacant elective office in the City shali be filled 'within sixt~ (60} days by the Council electing some
qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon
appointment and shall continue until a successor, elected at the next biennial election, takes office for the
unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any
member of the Council for disorderly conduct in Council. or inattention to duties. No Council member
shall be expelled without notice and a hearing by the Council.
Section 5. Term The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in City_ Contracts During the 'term of office, .no elective offic, er shall violate any
provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote 11-
8-94.)
Page 2 of 16
ASHLAND CITY CHARTER
ARTICLE 4 Mayor
Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the
end of his/her term of office as fixed by the Charter of the City'in effect at the time this Charter is
adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be
elected for a term of four (4) years.
Section 2. power, s and Duties The Mayor is the executive officer of the municipal corporation and shall
exercise 'ch~eful sfiperv'isi6n 'over' the genei'hl-:affairs 'of the Ci'ty':and Over-appointive 'officers'.. H~/she
shall sign all orders and warrants on the Treasury for claims authorized by the Council.
Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council
except in the case ora tie vote, in which case he/she shall have the power to vote, and must vote either in
the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance,
either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or
passed by the Council over his/her veto.. The Mayor shall, in .case .he/she vetoes .any 9.rdinance or
resOlution, file such veto with the City Recorder, together with reasons for his/her disapproval, which
veto and message of disapproval shall be read at the next meeting of the Council; and such ordinance or
resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the
affirmative, it shall become law without the Mayor's approval, but not Otherwise. In passing all
resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote
thereon.
ARTICLE 5 Council Members
Section 1. Terms The Council members in office at the time this Charter is adopted shall continue in
office, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time
this Charter is adopted. At each biennial general election after this Charter takes effect, three Council
members shall be elected, each for a term of four (4) years.
ARTICLE 6 Recorder
Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until
the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted, At each biennial general election held in 1970, and every fourth year thereafter, a Recorder
shall be elected for a term of four (4) years.
Section 2. Power~ t~nd Duties The Recorder shall act ag Clerk of the 'Council and shall keep plain and
correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers
presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining
to his/her office, and these shall be open to the public. At the expiration of his/her term of office, he/she
shall turn over to his/her successor any and all records, books, and papers pertaining to said office.
The Recorder must draw all orders for 'the prOper payment of monies agaifist 'the proper funds that have.:
been approPriated by the c!.tY Council, and, together with the Mayor, sign. the same. He/she may make
periodic audits of all City accounting records.
Page 3 of 16
ASHLAND CITY CHARTER
The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the
same, together with any and ali special benefits and assessments then due, to the Clerk of the County
Court.
The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by
the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the
Mayor therein.
Section 3.: 'Vacancy A -willful absence.of.the Recorder from 'the City .for,m~e..than' thirty (30)daYs.
without the consent of the Coun6il, 6arelessness or 'inattention to the duties of the Recorder, shall be
grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as
vacancies in the office of Council members are filled.
Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tem
who, while acting in that capacity, shall have all the authority and duties of the Recorder.
ARTICLE 6A Judge
Section 1. Term At the biennial general election held in 1978, and every fourth year thereafter, a Judge
shall be elected for a term of four (4) years. (Charter amendment 5-23-78)
ARTICLE 7 Elections
Section 1. Regular Elections Regular City elections shall be held at the same times and places as
biennial general State elections, in accordance with applicable State election laws.
Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall
give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous
place in the City Hall, and by publication in a newspaper of wide and general circulation published in the
City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be
voted upon, and the time and place of the election. :4
Section 3. Special Elections The Council shall provide the time, manner and m~iins for holding any
special election which shall comply with.applicable State laws._ The_ Recorder shall give at least ten (10)
.days notice of each special election in the manne; provided by the aeti0n of the Council ordering the
election.
Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council
provides otherwise by ordinances relating to elections, the general laws of the State Shall apply to the
conduct of ali City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at
the election. The nomination must be by a petition that.specifies the office so.ught and must be in a form.
prescribed by the Council. The petiti'On shall :be signed by not fewer'than twenty-five (25) electors, and
with the candidate's written acceptance of such nomination. No elector may sign more than One petition
for eaek office to be filled at the election. If he/she does so;.his/her signature will be valid only on the
first sufficient petition filed for the office. The signatures to a nomination petition need not all be
appended to one paper, but to each separate paper of the petition Shall be attached an affidavit of the
Page 4 of 16
ASHLAND CITY CttARTER
circulator thereof, indicating the number of signers of the paper and stating that each signature of the
person appended thereto was made in his/her presence, and is the genuine signature of the person whose
name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or
residence, identified by its street and number or other sufficient designation. The Recorder shall make.a
record of the exact time at which each petition is filed and shall .take and preserve the name and address
of the person by whom it is filed. If the petition is not signed by the required number of qualified
electors, the Recorder shall notify the candidate and the person who filed the petition within twelve (12)
days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it
ifllmediately'-t0 the' person who'filed it,. certifying in writing: wherein ..the- peri,on -is. insufficient...T.h.e.. -
deficient petition may be amended and filed again as a new petition, or a substitute petition for the same
candidate may be filed, within the regular time for filing nomination petitions. All nomination papers
comprising a petition shall be assembled and filed in final form as one instrument with the Recorder not
less than twelve (12) days before the date that the Recorder must file the same with the County Clerk.
(Charter Amendment 11-2-82)
Section 6. Canvass of Returns In all elections hel. d. in conjunction with State and County elections, the
State laws governing the filing of returns by the County Clerk shail apPly. In each' special City election,
the returns therefrom shall be filed with the Recorder on or before noon the day fol..lo..wing; and, not later
than five (5) days after the election, the Council shall meet and canvass the returns. The results of all
elections shall be entered in the record of the proceedings of the Council. The entr~ shall state the total
number of votes cast at the election, the votes cast for. each person, and for and against each proposition,
the name of each person elected to office, the office to which he/she has been elected, and a reference to
each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make
and sign a Certificate of Election of each person elected and deliVer the Certificate to him/her within one
(1) day after the canvass. ,A Certificate so made and delivered shall be "prima facie" evidence of the
truth of the statements contained in it.
Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the Council.
Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an
oath or shall affirm that he/she will support the constitutions and laws of the United' States, the State of
Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the
duties of his/her office.
ARTICLE 8 Council
Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall
be vested in the Council and the Mayor.
Section 2. Composition The Council shall be composed of six (6) Council members elected in the City
at large and by position number. Each position shall bear a number running from one (No. 1) through six
(No. 6), and any candidate for Council shall, starting with his/her nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run for one
position at an electi0h..' ....
The Council members whose terms of office ·expire with the end of 1972 shall be assigned Seat numbers
1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision,
the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council
members.
Page 5 of 16
ASHLAND CITY CHARTER
Section 3. Council Meetings and Rules The Council shall hold a regular meeting in the City at least
once each month at a time and place which it designates. Other meetings may be .called as the Council
deems necessary, with notice given the Mayor and Council members and the. public as provided by
ordinance. Minutes of any such special meeting shall be presented at the next regular Council meeting.
The Council shall, adopt rules for its proceedings.
Section 4. Quorum The Mayor and not less than three (3) of the Council members, or four (4) of the
Council'members, ghall cOristitute'a quorum for conducting Council business,. -. '- · .'~ :.... .....
Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the
Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and
entered in the record.
Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motion
for the action and the vote .thereon take. place at.proce?dings o. pen to the. public-
Section 7. Mayor's Fuqetion at Council Meetings The Mayor shall preside over-the deliberations of the
Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine
the order of business under the rules of the Council.
Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year.
He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any
matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain
his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are
absent, the Council members present shall elect one of their number as Chair Pro Tern, who shall preside
at that meeting.
Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majority of
the members of the Council present at a Council meeting shall be necessary to decide any question
before the Council.
ARTICLE 9 Special Powers ofthe Council '~ .' - 4'.-.~.::' .'.~,' ~ "-
section 1. Violation of Charter. Ordinance and Laws The Council, at any regular or adjournedmeet~ng,
shall have the power within the limitg of the City of Ashland-to enact laws, ordinances and pass
resolutions not in conflict or inconsistent with the' laws of the United States, the State of Oregon, or the
provisions of this Charter; and to provide for punishment of any person or persons found guilty by a
competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter,--~
by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the/
working of such persons so convicted on the streets of the City or at any other work, and to provide the/
compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and{
the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Section 2. Levy of Tax~s The Council, by two-thirds vote of the Council at any .r6gular or adjourned
meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes
'on the taxable, property of the City made taxable by law for County and State purposes, not.to eXCeed
fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in
such further amount as may be necessary for the payment of interest or principal on any bonded
Page 6 of 16
ASHLAND CITY CHARTER
indebtedness now existing or hereafter to exist against the City and for payment of any judgment or
judgments obtained against the City..
Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by
law and by this Charter, the City Council of the City of.Ashland shall have the power and authority to
issue the general obligation bonds of the City in such amounts and with such maturity dates as the City
Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred
Fifty Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in
accord with current .construction standards of the. City's wat.e..r, ~e.w. er,,el~ctrical and storm se.w.e~ systems;
City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap~ at the Aslilanc~'"'
Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in
the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland
in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds
and for no other purpose; and shall have the power and right to designate the manner and time of
payment of said bonds and the interest thereon, provided that considering any discounts or premiums-
.paid,. the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State
of Oregon. The poWer herein granted 'shall be ex6reised by the Council without submitting the question
to a further vote of the electors and the bonds issued in pursuance to this Article_shall not be subject to
the limitation on bond or other indebtedness elsewhere contained in the Charter of s~id City.
Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law
and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue
the general obligation bonds of the City in such amount/s and with such maturity dates as the City
'Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred
Sixty Thousand Dollars ($360,000.00) for the purpose of financing the design and construction of
additions and improvements to the Ashland Community Hospital; and shall have the power and right to
designate the manner and time of payment of said bonds and the interest thereon, provided that
considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed
that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the
Council without submitting the question to a further vote of the electors and the bonds issued in
pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere
contained in the Charter of said City.
Section 3. S_t~gial Assessments The Council shall have the power at regular or adjourned meeting to
levy such special benefit assessments for road, sewer or other special improvements as they deem
reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon,
not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected
under the provisions of Article XII, Sections I and 2.
Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any
administrative error in the levying of any special benefit assessment and to cause a reassessment to be
made.
Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have
the power within the limits of the City of Ashland to borrow money upon the c~edit of the City and
authorize the issue of orders or notes therefor to an amount not exceeding $.5,0.00.00 when required for
municipal purposes, which orders and notes shall bear a reasonable rate'of interest'and shall not
aggregate at any time to exceed $5,000.00. .____~
Section 6. ~ The Council, by a two-thirds, vote at any regular or adjourned meeting, shall issue
bonds of the City for other purposes when duly voted and required by a majority of the electors of said
Page 7 of 16
ASHLAND CITY CHARTER
City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City
has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period
or greater rate of interest than the bonds to be liquidated. Ali bonds issued hereafter shall be amended to
this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically
repealed.
Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit
-any obstruction, pollution;'divemion, :w/iste,"extravagant-:use.of,,-waters'of Mill or Ashland Cr'eek,.'eithe/-'
within or above the City limits.
ARTICLE 10 Ordinances
Section 1. Enacting.Clause The enacting clause of all ordinances hereafter enacted shall be: The People
of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment
(a) Except as the second and third paragraphs of this Section provide'lo the contrary, every
ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in
open Council meeting and then on a different date by title only, unless a Council member or the public
requests that it be read in full for a second time, and it shall then be read fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at
a single meeting of the Council by unanimous vote of all Council members present upon being read first
in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the
public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each
Council member and three (3) copies are provided for public inspection in the office of the City Recorder
not later than one (1) week before the first reading of the ordinance and if notice of their availability is
given forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a
newspaper of general circulation and published in the City. An ordinance enacted after being read by
title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to
such reading, unless each section incorporating such a difference, is read .fully and distinctly in open
Council meeting as finally amended prior to being approved by the Council.
(d) .Upon the final vote on an ordihance, the-ayes and ~iays 6f the members shall be taken and
entered into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and
his/her name and the title of his/her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the
thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance
may provide a later time for it to take effect; and, 'in case of emergency, it may take effect immediately.
ARTICLE 11 Public Improvements
Page 8 of 16
ASHLAND CITY CHARTER
Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be
determined by the Council and declared by resolution of the Council describing the property and stating
the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the
Council or provided by State law.
Section 2. J[mprovements The procedure for making, altering, vacating or abandoning a public
improvement shall be governed by general ordinance or to the extent not so governed, by applicable
general laws of the State. Action on any proposed public improvement, except a sidewalk or except an
improvement unanimously declar ~. by the.Coun.eii to .b~ needed at. once because of an emergency, shall
be suspended for six months upon a remonstrance thereto by the owners of iwo-thirds'of the'land tobe'
specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where
the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by
the record holder of legal title to the land, the purchaser shall be deemed the "owner".
Section 3. Special Assessments The procedure for the levying, collecting and enforcing the 'payment of
special assessments for public improvements or other services to be charged against real property shall
be as provided in Article XI'I, SeCtions' 1 and 2 of this Charter.' ....... · : . ..
Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improving any public
place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the
probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general
circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done
in accordance with the plans and specific, ations approved by the Council. The Council shall have the
right to reject any or all bids without incurring any liability for such rejection.
ARTICLE 12 Taxation: Powers and Duties of the Council
Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate of
the County Clerk of the County Court of Jackson County, Oregon, 'showing the aggregate valuation of
the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes 'and
assessments as permitted in this Charter against the taxable property of the City of Ashland, and such
special assessments and penalties as may be due and unpaid, and cause the same to be certified to the
County Court, as provided in Section 2 of this Article.
Section 2. D. gt~ The Council shall, immediately after such levy, notify the Clerk of the County' Court,
under the certificate of the City Recorder, of the rate percent of thelax levy made by the Council and all
delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to
compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the
tax roll, and such taxes, special assessments and penalti.es shall be collected by the same officer, in the
same manner and at the same time as taxes for County purposes are collected, and the same shall be paid
over by the County Treasurer tO the City Recorder as provided by law for the paying over of city taxes.
Section 3. Coun _ty Road Tax The territory within the limits of the City of Ashland as now existing and
as nay be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson
County for .liceflsing purposbs and road purl~os, es, and the City council shall .have full and exclusi.ve
jurisdiction.over the same. The inhabitants of the City shall be eXempt from the payment of road taxes
and assessments of the property within the City for road work, except Such taxes as may be levied and
assessed by the City Council, and all such taxes shall be placed'in a sepanite fund and used for street
purposes within the limits of the City and not otherwise.
Page 9 of 16
ASHLAND CITY CHARTER
ARTICLE 13 Appointive Officers
Section 1. Appointive Officers The Mayor, with the confirmation by the Council, shall appoint a City
Administrator, City Attorney and such other officers as the Council deems necessary. The Council may
combine any two or more appointive offices. (Charter amendment 5-23-78)
Section 2. Seoarate Police and Fire Deportment..q The City of Ashland ahall maintain a fire department
Which is Sepai:-at'6 ~n3'distir~ct:~'rbm the ~ity pol'ic~' depart'n~e~i The employe~s' of ~ne"d~l~ar~ment shall
not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-
86)
Section 3. Qualifications. Duties. and Salaries The Council shall, by ordinances, prescribe the duties of
appointive officers, and determine their compensation and qualifications, except the Municipal Judge
shall'be a member of the Oregon State 'Bar. The Council may designate any appointive officer to
- -supervise any other appointive officeri except the Municipal Judge in the exercise o'f his/her judicial
duties.
Section 4. Removal The Mayor, with the consent of the Council, may suspend and remove any
appointive officer at any time.
Section 5. Interest in City_ Contract~ Except as provided otherwise by law, no officer, agent or employee
shall have any interest in any City contract made by him/her in his/her official capacity or by any public
committee, board, commission or department of which he/she is a member, agent or employee, excePt
that the employment of the officer, agent or employee shall not b6 considered a contract for the purposes
of this section.
ARTICLE 14 Chief of Police: Powers and Duties
Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of
Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the
authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the
same manner and to the same effect as required of constables under the statutes of this State. He/she
shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace
committed in his/her presence, and take them before the judge of the City Court, or some Justice of the
Peace for trial. He/she shall also have th.e power, u.nder any w _aj'rant_ from the Judge, or any Justice of the
Peace, to .arrest any person in any part of the State of Oregon for any criminal offense or the violation of
any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by
virtue of his/her office be Chief of such force.
Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of
the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good
morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all
the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint
.with the City Judge against any persons violating any of the provisions of this .Charter, or the laws or
ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be'
cause for removal from office by the City C0uficil. '
· ARTICLE 15 Court
Page 10 of 16
ASHLAND CITY CHARTER
Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of judicial business at regular times
specified by the Council. All area within the City shall be within the territorial jurisdiction of the court.
When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the
violation of a City ordinance shall be governed by the applicable general laws of the State governing
District Courts.
..Section 2, Judge ::T-he Muni. cipa!Judge shall be the judicial officer of the City. He/she shall exercise
original and exclusive jurisdiction of all offenses' defined and r~ade' punishable 6~'0rdinances and
Charter of the City and ali other offenses made punishable by State law over which the City is given
concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused
of an offense against the ordinances and Charter of the City, to commit any such person to jail or admit
him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any
process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for
· contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to
the City CoUncil. ' "-
Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter hmendment 5-23-78).
Section 4. Jury. A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and
shall have the qualifications of such jurors resident within the corporate limits of said City.
Section 5. Fines. Fees, Costs, and Cash Bail The City Council shall provide for the collection of all
Court fines, fees, costs and cash bail which shall be turned over to the City Recorder.
ARTICLE 16 Miscellaneous Provisions
Section 1. public Utilities - Water Works The City of Ashland, a municipal corporation, shall have the
power to provide the residents of said City with such services as water, sewer, electric power, public
transportation and such other public utilities as the people desire by majority vote; and to exact and
collect compensation from the uSers of such public utility, provided, however, that:-~~e~d..
water works and water rights now owned or which may hereafter be' a .C~l. Uil~~,~'~-~
..~ ~ :..j... ,.: .... · · ~_~.,_~..:...~
purpose of supplying the inhabitants thereof with water shall never be' rented,
of; nor shall the City ever grant any franchise to any person or corporation for the P~plYi~ '
the inhabitants of said City with water.
Section 2. Torts The City's immunity or liability for torts shall be as determined by State law.
Section 3. Existing Ordinances. Arts, Proceedings All existing ordinances in force when this act takes
effect and not inconsistent herewith shall be and remain in full force after this act takes effect and
thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business
whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of
this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or
proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall
continue to receive such compensation for their services during the balance of their term as appertained
to the office at the time they .were respectively elected or appointed thereto; and all rights vested or
liabilities incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds
theretofore issued by said City are hereby declared to be valid and of full force and effect, and all acts of
the Council heretofore done in good faith for the benefit0f the City and on which proceedings shall not
be instituted prior to July 1, 1970 are hereby legalized and made valid in every particular.
Page 11 of 16
ASHLAND CITY CHARTER
Section 4. Repeal of Previously-Enacted Provisions All Charter provisions of the City enacted prior to
the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter
of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as
Article XIV, Section i; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and
2, compiled herein as Article XII, Sections I and.2; and Territory Excepted for Road .Purposes and
Licensing Purposes; that is, Article XVII, Section 1, compiled herein as Article XII, Section 3; and those
provisions of the previous Charter Amendments included in the following:
· Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1
· -Article Vlt, Section 2, amended. 1,28-09,.compiled partially herein as:Article IX, Sections 2 and3 .... .-.
· Article VIIi Section 3, of 1898 Charter, compiled herein as Article IX, Section 5
· Article XXVIII, Sections I and 2, amended i !-4-30 and 10-16-59, compiled herein as Article XVII,
Sections I and 2
· Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled
herein as Article XIX, Sections 1, 2, 3 and 4
· Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article'XVIII, Sections
1, 2, 3, and 4
· 'Article XX[X, section 1, amended'l 1-4-30; compiled herein as Article XX, SectiOn 1 ~
· Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Sectjon 1
· Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2
· Article XIX, Section l-C, amended 3-12-57, compiled herein as Article XIX, Section 1-C
Section 5. Time of Effect of Charter Amendment This amended Charter took effect on July 1, 1970,
except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article
XIII, Section 1 and Article XXII tOOk effect on June 6, 1972.
ARTICLE 17 Hospital
Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a
municipal hospital within the limits of said City of Ashland under the authority and direction of the
Council.
Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it
may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose
· of providing funds with which to purchase real property for a hospital, construct a building or buildings
to be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds
shall bear the date established by the Council, be serial in character, callable at any interest payment date
in whole or in part on or after five (5) years from the date thereof after notice as provided by law, be
retired by the said City in a period of'not to ex6eed twen~-fiv6 (25) years, be in denomination of
$1,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of
said City, have semi-annual interest 'coupons bearing the facsimile signatures of the Mayor and Recorder
attached thereto, by the terms thereof pledge the full faith, and credit of the said City for their repayment,
and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein
named in legal tender of the United States of America, with interest thereon in like legal tender, at the
office of the City Recorder in said City or at such other office as the Council may, in its judgment,
determine, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the
maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not
hereiti mentioned shall be determin6d by the Council in the exercise of its. best judgment in order to carry
out the intention hereof. That it shall be the dut3( of the Council to attend to the proper application of the
funds derived from the sale of said bonds and the. purchaser or purchasers thereof shall in no event be
respOnsible or charged with the proper application of the funds derived from the sale thereof. That the
Council is hereby authorized and empOwered each year at the time of making the annual tax levy for City
purposes to include in such levy a sufficient amount to meet the payment of principal and interest on said
Page 12 of 16
ASHLAND CITY CHARTER
Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and
Oregon Constitution debt limitation.
ARTICLE 18 Cemeteries Trust Fund
Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual
levy for City purposes, to include in such. levy a sum equal to but not to exceed one mill on each dollar of
assessed valuation of property within the City, which sum shall be used for the purpose of maintenance
' and-upkee~ '6fcemeteries'held by; or under'control of the. City of Ashland.. Such. levy.shall not be .within
the limitation of taxation provided by law. Provided further that each year from the proceeds of such
levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which
shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated
to such an extent as to provide sufficient income for the purposes for which same was created, then no
further tax levy shall be made thereafter.
Section.2..The Council is hereby g!ven authority to receive control, for and on behalf of the City of
Ashland, or any privately-operated or owned cemetery within the 'said City for the purpose' of providing
proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon
conditions as to it may seem for the best interests ofthe City.
Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary
for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the
City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies
received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots
so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City
of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem
best for the protection of said City.
Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes
mentioned herein on behalf of the said City, which donations or bequests shall become a part of said
permanent trust fund, unless specified otherwise when any such bequests or donations are given.
ARTICLE 19 Park Commission
Section 1. ~ All those lands specified by the Charter Amendment of December 15, 1908 and
May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and
shall never be sold, leased, encumbered! Or used' for any phrpo~e inconsistent therewith; provided,
however, that such public buildings as may enhance the beauty of said park, or that shall not detract
therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided
further, that nothing contained in this act shall be construed so as to impair or interfere with proper
construction or operation of the City's light, power or water system.
Section IC. That the Ashland Park Commission, with the consent of the Common Council, shall have
the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the
State of Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast comer of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in 'lower
park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150
feet; thence, east 110 feet to west side of Hargadine Street; thence,, northerly on'west line
Page 13 of 16
ASHLAND CITY CHARTER
of Hargadine Street to northeast comer 'of park property; thence, following the
meandering north line of park property to place of beginning, containing approximately
two acres for the purpose of remodeling and expanding the present Festival theatre and
the construction of additional buildings which are hereby designated as public buildings
for use by the Oregon-Shakespearean Festival Association .for any of the purposes
authorized by the. corporate charter of said association, said use to be on such terms and
conditions as the Ashland Park Commission, with the consent of the Common Council,
deems in the best interests of the City; provided, however, that any lease shall not exceed
a period of ninety-nine (99) years. , ....... ..
Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of
Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective
by the proclamation of the Mayor published on the 17th day of December, 1908, and known' and
designated as the "Ashland Park Commission", be and the same, as constituted and created by said
Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with
ali the powers conferred and duties imposed by said Charter amendment and ordinances of the City of
'Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in
November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first
day of January, 1921, and that at the general biennial election to be held in November, 1922, three
commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923,
and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill
a vacancy, in which event he/she shall be elected to serve until the first day of January following the next
succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners
now constituting the present Ashland park Commission shall hold office for the term for which he/she
was elected, and until his/her successor is elected and qualified.
Section 3. Funding The said Park Commission shall have control and management of all the lands here
dedicated for park purposes and' of all other lands that may hereafter be acquired by the City for such
purposes. They shall have control and management of all park funds, 'whether the same is obtained by
taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the
City's parks.
It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City
Recorder for the information of the City Council and the public, a report of their doings for the preceding
month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a
clear statement of all monies expended and for what purpose. Ail purchases made and all labor
performed, together with the cost thereof, shall be embodied in said report. At the time for making the
tax levy for general City purposes in each year, the said Commission shall cause a careful estimate to be
made of the money required for park purposes for the'ensuing year and file the same with the City
Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2)
mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City
Recorder subject to the order of said Commission. The levy herein authorized shall be outside the
limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon.
Section 4. Salary_; Government The said Commission shall, serve without pay and shall have power to
formulate and adOpt rules and regulations for their government and for the purpose of carrying into effect
the purposes of their creation as Park Commission. They shall-enter upon the discharge of their duties
immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
Page i 4 of 16
ASHLAND CITY CHARTER
instruments by which said City obtained title thereto; which said instruments shill be considered as
carrying a more specific description of said lands.
ARTICLE 19a Open Space Park Program
Section 1. Creation, Powers and Duties An Open Space Park Program is hereby created to be
administered by the Ashland Park Commission. The Park Commission shall make recommendations to
the City Council concerning priorities for land and easement acquisitions for the Open Space Park
· Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall
be responsible for the administration, development and operation of such lands.
Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City
Council must agree upon land or easements to be acquired for open space park purposes. Before any
land or easements that have been acquired for the Open Space Park Program are disposed of and released
from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not
contain an emergency clause, thus giving to the people of the City of Ashland the opportunity to petition
for 'a referendum. Land or easements acquired for open space park purposes shall be dedicated by the
City Council for such purposes. Such dedicated lands or' easement shall be.under the control and
management of the Ashland Park Commission. The City Council shall n6t use the power of
condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails.
(Amended 8-14-90)
Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for
Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the
Open Space Park Program as the Council and Park Commission may jointly determine. All monies
dedicated for acquisition of Open Space Park Program lands shall remain under the financial
management of the City of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by
'the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes
by the City Council without further approval by the electorate. Said tax measures for funding of the
Open Space Park Program shall expire on December 31, 2010, unless extended by a vote of the
electorate. (Amended 8-14-90)
Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space
park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of
Ashland. (Amended 5-15-90). -
ARTICLE 20 Municipal Airport
Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct
and operate a municipal airport either within or outside the limits of the City of Ashland, under the
authority and direction of the Council.
ARTICLE 21 City Band
Section 1. At.the time of making the tax levy for general City purposes each year, the Council shall
cause a carefu! estimate to be made of the money required for the purpose ora City Band for the ensuing"
year, such estimate shall be presented and considered with the other items in the annual budget and there
Page 15 of 16
ASHLAND CITY CHARTER
shall be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar
for such band requirements, which fund, when collected, shall be deposited with the City Recorder,
subject to the order of the Council.
ARTICLE 22 Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be
Ashland Park Commissioners and their terms o£office shall be the same.
composed of the five (5)
Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the
Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from
such funds as may be appropriated from time to time by the City Council, and in no event shall any funds
be spent for recreation purposes that are received pursUant to Article XIX of this Charter and which
relates tO the Park Commission and a levy for park purposes.
Page' 16 of 16
CITY OF
-ASHLAND
Council Communication
Title: Ashland Forest Lands Restoration Project Summary
Dept: Ashland Fire & Rescue
Date: May 4, 2004 /7~
Submitted By: Keith E. Woodley, Fire Chief'
Synopsis:
The Ashland Forest Lands Restoration Project Phase 2 ti sale was completed on Wednesday, April
14, 2004. This council communication is intended to provide a project summary for the City Council.
Recommendation:
Information only.
Fiscal Impact:
Project financial report is included in this council communication.
Background:
The timber sale component of the Ashland Forest Lands Restoration Project was completed on
Wednesday, April 14, 2004. The Ashland Forest Lands Commission is to be commended for their
excellent effort on this project. The project progressed smoothly without mishap or major disruption of
public activities within the City of Ashland. The cooperation and support of the City of Ashland Public
Works and Police Departments was instrumental in the success of the project. During the period of time
that recreational access to portions of the Ashland Watershed was prohibited, the understanding and
cooperation of the community was greatly appreciated. A project financial summary and related timber
sale statistical information is provided below:
Financial Summary:
Total net payment to City of Ashland from log buyer (Boise Building Solutions) $262,650.49
Payment to Superior Helicopters $263,091.64
Project cost to City of Ashland $ 441.15
The sale of firewood generated by the project is still pending. Slash treatment is currently underway,
consisting of slash piling for later burning and felling of selected small diameter snags that are within
striking distance of recreational trails. These snags were too small or deteriorated to be merchantable at
time of timber sale. Slash treatment has been budgeted for within the Forest Interface Budget. A
statistical summary is provided below:
Logs removed
Average log size
Average log contained
Average truck load
Average helicopter load
Average helicopter turn
9,056 / 111 log truck loads
28 feet long / 6.5 inches diameter at top / 10 inches at breast height
47 board feet
8l logs (by comparison, private land timber sales - 16 logs per load)
6 to 8 logs / 4,700 lbs
2.7 minutes (a "turn" is the measured distance from the log truck loading
area to the forest unit being harvested and back again)
CITY OF
,-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved by:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Report and Recommendation on Financing Alternatives for Ashland Fiberoptic
Network (AFN) " ""
Finance Department
May 4, 2004
Lee Tuneberg, Finance Director
Gino Grimaldi, City Administrator .,~,~
AFN is five years old and construction and operations not paid for by revenues to
date have been financed by two bank loans totaling $7.4 million and internal
borrowings from other funds at $6.95 million. The debt-service on the bank loans
for FY 2004-05 will be $1.2 million and internal borrowings was projected to
increase another $800,000 by June 30, 2005 despite an increase in sales of
$500,000. The basic affect of paying principle on the bank loans is shifting debt
internally by borrowing cash short falls from other funds. After reviewing
options with financial advisors and bond counsel staff is recommending
restructuring all debt with an external financing, restoring amounts borrowed to
the originating funds and guaranteeing the new debt with AFN revenues, Electric
Fund revenues and other revenues of the city.
Council accept the recommendation from staff and authorize the Finance Director
to proceed with restructuring the AFN debt bringing back to Council a plan and
resolution within 30 days.
The financial impact of restructuring the debt varies based upon the method used
and interest rate obtained. Revenue bonds that are "taxable" is the most likely
scenario and 6.25% is the estimated rate, about halfway between the bank loan
rates but well above today's internal borrowing rate. It is safe to say that issuing
bonds will cost considerably more than internal borrowing due to higher rates,
issuance costs and fees to call the bank loans but will result in lower annual debt
service that better matches revenues and cash flows. It will simplify the annual
city budget by removing all borrowing for AFN and restore borrowed monies to
the lending funds.
AFN's debt load is approximately $14.0 million and is projected to remain in that
neighborhood for the next five years as revenues continue to increase and soon
become greater than operating costs. Debt service, on existing loans outstrips any
op.e. rating income and result in additional internal borrowings beyond the principle
amount paid to banks.
Discussions with bond counsel and financial advisors have identified that the city
could continue the current practice of borrowing internally; paying' it back the
next year and re-borrowing the needed amount for the ensuing year. However,
projects show the future need for internal borrowing eventually exceeding $9.0
million and staff is concerned that there will not be enough funds available during
the time frame it may be needed.
Instead of the status quo, discussions considered revenue bonds, general
obligation bonds, additional bank loans, taxes and/or subsidies to replace part or
all of the existing debt or to meet annual debt service. Each alternative has many
issues but the most promising is a "taxable" revenue bond issue restructuring all
internal and external loans.
The reasoning behind revenue bonds (especially ones that are not tax exempt per
the IRS Code) are as follows:
1. The intent remains that debt service will be paid by revenues.
2. Revenue bonds normally have a 20 year life and that better matches the
near future cash flow projections.
3. Taxable status gives the city maximum flexibility for construction and
operations financing.
4. Covenants can be constructed pledging AFN and Electric Fund revenues
first before looking to other city resources.
5. The market is still relatively good for this type of issue.
Additionally, a refinancing of the internal debt will restore other funds' balances
reducing confusion on the total budget and mechanics of borrowing internally as
well. It should be remembered that internal borrowing could be less attractive in
the near future if interest rates rise and the opportunity for restructuring passes the
city by.
Difficult aspects are not knowing the interest rate until bid opening, issuance costs
and fees may exceed $400,000 and bond covenants will require a coverage ratio
of net revenues for Electric and AFN to exceed annual debt service by
approximately 1.30 times.
Bond covenants include coverage calculations to provide assurance to the investor
that the city will take proactive steps over the life of the loan to generate enough
revenues to make debt payments. The usual approach is to compare net revenues
(loosely defined as operating revenues minus operating expenses) to the amount
of debt service in the same year. Covenants require the agency to take action if
the ratio does not meet or exceed the required ratio (example: a 1.30 requirement
calls for net revenues to be $1,300,000 if debt service that year is $1,000,000). In
the early years of the loan this is obtainable but there is not a great excess above
this required amount. The estimated coverage is in the 1.64 to 1.90 range and it is
projected to exceed 2.00 .after 6 years with what we. can calculate today.
The challenges in restructuring all debt include getting to the market and b~ing
well received by the financial community. AFN's success in acquiring about half'
of all cable television customers in Ashland (37% of residential passings) and
surpassing the competition for cable-modem customers (40% of residential
passings) will help but the financial community will look to the city commitment
to guarantee revenues that will be adjusted to meet or exceed bond debt service
requirements, including subsidies if necessary.
Staff will attempt to structure an offering that remains attractive to investors and
gives the city all the flexibility it needs to move ahead with AFN and meet or
exceed debt service over the life of the financing.
CITY OF
kSHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
AFN Quarterly Report
Electric & Telecommunication
May 4, 2004
Dick Wanderschei~c~
Gino Grimaldi
This is the third quarter report for FY03-04.
to March 31, 2004.
It covers the period of January 1, 2004
This report is for informational purposes only and no council action is required.
There is no fiscal impact.
As a part of the work done by the AFN Advisory Committee in fall 2001, a quarterly
report format was developed. This first report was completed in November 2001 and
reports have been submitted for each quarter since then. The last report was
submitted to the council on February 3, 2004 and included AFN for the period of July
1, 2003 through December 31, 2003. This report will add the first 3 months of 2004
to that data.
The targets in this report still reflect the original Pro Forma, not the revised Pro
Forma that was adopted by the council on March 18, 2004, as a result of the Navigant
report. This was done for 2 reasons: 1) The months of Jan-March were done before
the report was presented and the revised Pro Forma was adopted. 2) Staff hopes to
change the report to better reflect the new Pro Forma with revised targets, and this
will be done for future quarterly reports.
During the last quarterly report presented to the Council in February, 2003, there was
concern expressed about the number of cable modem customers that the revenue
allocation report was counting. Since that time, staff has revised the report so it gives
actual connected modems at the end of the month. Staff didn't have this data for the
first months of the year, so we trended beginning year totals to the actual counts in
March to develop the cable modem number for the first nine months of the year.
Therefore cable modem numbers for July-December will differ fi.om the previous
report.
We have tried to point out new targets fi.om the revised Pro Forma where we can, to
give a better sense of where we stand with both plans.
Electric/Telecommunication Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
As of March 31,
AFN had 3,133
CA TV customers.
The current plan
target for dune
30, is2,953. The
target from the
new Pro Forma is
3,127.
EOY
2,961
Jul
2,967
AFN Net Cable Connections by Month
FY 2003-2004 (Plan Year 5)
EOY Jut Aug Sep Oct Nov Dec Jan Feb Mar Apr May
l1 Actual per Billing + Target ]
Aug Sep Oct Nov Dec Jan Feb Mar Apr
2,977 3,024 3,081 3,108 3,096 3,082 3,119 3,133
Jun
May
.]lin
Page l
On the Internet
side, we had
3,414 residential
cable modem ac-
counts. This is
492 higher than
the dune 30, 200d
current Business
Plan target of
2,922. The target
from the new Pro
Forma is 3,465 at
the end of dune.
EOY
AFN Net Residential ISP Customers FY 2003-2004
(Plan Year 5)
EOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
[1Actual per Billing --e-- Target]
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
2,990 3,016 3,151 3,165 3,187 3,243 3,243 3,399 3,414
Jun
F 'P O
High Speed
Data accounts
totaled 32. 3 ].
Business Plan
Target for
dune 30, 2004
is 62. The new
Pro Forma
target is 34 at
end of year.
AFN
High Speed Data Connections FY 2003-2004
(Plan Year 5)
EOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Equivalent Units updated to meet Plan-Year 5
IActual per Billing · Target I
EOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
33.73 33.61 33.61 33.61 33.61 33.61 34.17 34.17 32.31 32.31
Bulk CA TV
service re-
mains constant
at 140.
The dune 30
target from the
2001 plan is
125. The new
Pro Forma
target is 140.
EOY
140.3
160
140
120
100
80
60
40
20
0
Jul
140.3
AFN Bulk Services Billed By Month FY 2003-2004
(Plan Year 5)
BOY Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
[IActual per Billing * Target1
Aug Sep Oct Nov Dec Jan Feb Mar Apr Ma)' Jun
140.3 140.3 140.3 140.3 140.3 140.3 140.3 140.3
Jun
Page 2
Business Plan Actual Revenues and Expenses.
Revenues for A FN
during the first 9
months totaled
1,753, 626 including
the $50,000 grant
received from
The Cow Creek
Tribe.
Charges for
services are at
77. 3% of budgeted
amount.
250,000
200,000
150,000
100,000
50,000
0
AFN Actual to Projected Monthly
Revenues - 2003-2004
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1Actual Revenues -.-- Plan Revenues
Jul Aug Sep Oct Nov Der': ,lan Feb Mar Apr May Jun
177,532 188,372 189,803 220,509 210,734 190,164 191,879 190,322 194,310
Expenses for the first
six months of the
fiscal year
equaled $2,678,433.
Operational and pro-
motional expenses
are at 76% o. f Budger
Jul Aug Sep
273,942 333,841 278,510
AFN Actual to Projected Monthly
Expenses - 2003-2004
Using the Plan's Depreciation and Interest Expense
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
[/ActuaiExpenses ~ PI~~l
May Jun
Oct Nov Dec Jan Feb Mar Apr
319,196 314,023 260,602 269,239 353,127 275,952
May Jun
Page 3
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Synopsis:
Reconsideration of Armory Conditional Use Permit; Oregon Military Department,
PA #2003-105
Legal Department
May 4, 2004
Paul Nolte V'-
Gino Grimaldi
Adoption of the attached revised findings would impose different conditions on the Oregon Military
Department (OMD) in the operation of non-military activities at the National Guard Armory located on
East Main Street. Those changes are more specifically set forth in the attached findings but basically
consist of permitting more low impact gatherings as outright permitted uses on the property such as
"weight-watchers meetings, gynmastics practices or events, holiday meals, private weddings, birthday
parties and anniversaries (and) non-profit events" so long as there is no live music or alcohol served.
Commercial uses, with some redefinition, remain subject to the conditions originally imposed by the
council. This matter was appealed to the Land Use Board of Appeals (LUBA) by OMD and two persons
intervened in support of the city (see below). OMD, the intervenors and city staff have all agreed that the
revised findings are acceptable.
Recommendations:
Adopt the revised findings.
Fiscal Impact:
If thc case is resolved at this level, many hours of staff time in preparing a brief and arguing the case
before LUBA will be saved. Since the case is not significantly complex, the amount of savings would
range in the neighborhood of $2,000 to $4,000.
Background:
Council approved a conditional use,permit in November 2003 which was requested by the Oregon. ..
Military Department for the National Guard Armory located on East Main Street. The permit approval
came to the council on appeal by the OMD 'from the planning commission. OMD appealed to the council
seeking a change in certain conditions imposed by the planning commission. Written findings supporting
the decision were adopted by the council on December 2, 2003.
G:\legal\PAUL\PLANNINGV~,rmory\findings revised for reconsiderationcc.wpd
OMD then appealed the decision to the LUBA on December 23, 2003. Two parties intervened in the
LUBA appeal, both in support of the City, Sidney C. Abrahams and Susan P. Rust. At the request of
OMD, the intervenors and city staff met with OMD to see if the issues could be resolved short of filing
briefs and arguing the matter before LUBA. Negotiations between the OMD and city staff and the
intervenors resulted in revised findings to be submitted to the council for adoption.
Attachments: ~- . .. .
1. Revised findings with annotations showing the revisions to the findings formerly approved by council.
2. Notice sent to all persons who originally appeared before council in this matter.
G:\legal\PAUL\PLANNING~Armory\findings revised for reconsiderationcc.wpd
Proposed findings for reconsideration. Changes in the findings originally
adopted by the city council on December 2, 2003, are indicated by stikeouts
and additions.
BEFORE THE ASHLAND CITY COUNCIL
IN THE MATTER OF PLANNING ACTION #2003-105, A REQUEST )
FOR A CONDITIONAL USE PERMIT TO ALLOW 6858 SQ.F]'. OFTHE )
INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY, )
LOCATED AT 1420 EAST MAIN ST., TO BE USED FOR A VARIETY )
OF EVENTS INCLUDING TRADE SHOWS, FLEA MARKETS,
COMMUNNITY EVENTS, AND PRIVATE PARTIES.
APPLICANT: Oregon Military Department
...... .. ................................... ~ ......... ~ ..... ~ ...................... ~ .............
RECITALS:
FINDINGS,
.CONCLUSIONS
AND ORDERS
1) Tax lot 1300 of 391E 10D is located at 1420 East Main Street and is
zoned SO, with a comprehensive plan designation of Southern Oregon
University lands..
2) The applicant is requesting a Conditional Use Permit to allow a portion of
the interior space at the National Guard Armory facility (approximately
6,858sq.ft. in area) to be used for a variety of events including Trade Shows,
Flea Markets, Community Events, and Private Parties.
3) The criteria for a Conditional Use Permit are described in Chapter 18.104
and are as follows:
A. That the use would be in conformance with afl standards within the
zoning district in which the use is proposed to be located, and in conformance
with relevant Comprehensive plan policies that are not implemented by any
City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved
access to and through the development, electricity, urban storm drainage,
and adequate transportation can and will be provided to and through the
subject property.
C. That the conditional use will have no greater adverse material effect
on the livability of the impact area when compared to the development of the
subject.lot with the target use of the zone. When evaluating the effect of the
proposed use on the impact area, the following factors of fivability of the
impact area shaft be conbidered in relation to the target use of the zone:
1) Similarity in scale, bulk, and coverage.
G:\legal\PAUL\PLANNING~Armory\findings revised for reconsideration.wpd
Proposed findings for reconsideration. Changes in the findings originally
adopted by the city council on December 2, 2003, are indicated by sfikeou~
and additions.
2) Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
3). Architectural compatibility with the impact area,
4) Air quality, including the generation of dust, odors, or other
environmental poflutants.
5) Generation of noise, light, and glare.
6) The development of adjacent properties as envisioned in the
Comprehensive Plan.
7) Other factors found to be relevant by the Hearing Authority for
review of the proposed use.
4) The Planning Commission, following proper public notice, held a Public
Hearing on September 9, 2003 at which time testimony was received and
exhibits were presented. The Planning Commission approved the application
as presented, with additional conditions of approval pertaining to the
appropriate use of the site and hours of operation.
5) An appeal was filed in a timely manner by the Oregon Military Department.
The appeal was heard before the Ashland City Council on November 18,
2003 at which time testimony was received and exhibits were presented. The
City Council approved the application as presented, with modifications to the
conditions of approval attached by the Planning Commission.
Now, therefore, The Ashland City Council finds, concludes and recommends
as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of
exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's-Exhibits, lettered with an "O" .. -.
Hearing Minutes, Notices, .Miscellaneous Exhibits lettered' with an "M"
2 - G:\legal\PAUL\PLANNING~,rmory\findings revised for reconsideration.wpd
IProposed findings for reconsideration. Changes in the findings originally
adopted by the city council on December 2, 2003, are indicated by stikeouts
and additions.
SECTION 2. CONCLUSORY FINDINGS
2.1 'The City COuncil finds that it has received all informati°n neCessary to'
make a decision based on the Staff Report, public hearing testimony and the
exhibits received.
2.2. The City Council finds that as no external modifications of the facility are
proposed, the proposal will have no impact on bulk, scale or architectural compatibility.
2.3. The City Council finds that site has adequate Capacity of City facilities for
water, sewer, paved access to and through the development, electricity, urban
storm drainage, and adequate transportation is provided to the subject
property. Additionally the subject property was found to have adequate on-
site parking for the intended uses.
2.4. The City Council finds that the original approval in 1987 was for a National
Guard Armory, which was indicated by the Military Department at that time to
be used as a military installation as well as for community functions .... The
approved outright permitted uses for the subject property, therefore, are for a
military installation and community functions.
These outright permitted uses are not subject to the limitations of hours or
numbers of time per month or other conditions imposed on the conditional
uses described below. The council interprets these outright permitted uses to
include, but not be limited to, military activities and community functions which
are to be defined as governmental meetings; educational-, informational-,
charitable-, health-, and recreational-type community gatherings such as
public school graduations, blood drives, weight-watchers meetings,
gymnastics practices or events, holiday meals, private weddinqs, birthday
parties and anniversaries, non-profit events, and similar community uses and
events, where such community functions do not include live or amplified music
or alcohol.
2.5. Community functions are to be distinguished from commercial functions
because such functions can have different impacts, beyond the large
gathering of peoPle, upon the neighborhood. Even community events, -where
alcohol is served or With liVe or' amplified music, -present their own set of
adverse- impacts distinct from such impacts where they are not present. The
council finds that the uses proposed by the applicant involving commercial
· '- .... '-'--' "-- o~,,,~.o,,,.,,,.trade
events (held to make a profit) such as ,,,~,o~ o,~,~,~ ~r~ ,,,~
shows, public dances, conceals, flea markets, far, ers,----"-'-, ,~, ~,~, ,~-'~ ~",~,,~,z
UQLQQIOI ~IIIII~OLI~ ~IU~O QIIU U~ ~IU~O ] ~1 ~llV~[~ ~V~llLO ~OU~II GO LII~O~
G:\legal\PAUL\PLANNING~rmory\flndings revised for reconsideration.wpd
Proposed findings for reconsideration. Changes in the findings originally
adopted by the city council on December 2, 2003, are indicated by stikeouts
and additions.
annN'ersa~y pa,~es") or farmers markets do not constitute community
functions. Because SuCh USes have not been agreed upon in adVance bY the
city as required in section 18.64.030.A, the applicant is required to obtain a
conditional use permit for them. In addition, the council interprets those
community events where alcohol is se~ed or involving live or amplified music
as not constituting "community functions" and are therefor not outright
permiEed.
2'.6. The city Council finds that the ~impaCt of the act~'v~fies proposed
LI I~ ~UI IUILIUI I~1 ~ ~LIviLl~,
~ ..... '~ from '~ ..... ~ .....:"~-~:-' ..... ~" impacts
~UII III I~1 ILO LI I~ I I~1 U~ I ~IU~I ILI~I ~1 U~I L~ O'~R~ :--~:~l~ ~k--I
LIIIUU~II I IlUlOUQ~ ~IIU U.UUGIII LIIIU~II I I.UU~III UII I IIU~ ~IIU d~LUlUG~.
I Ul[II~I~ ~11~ ~UlI~II III1~0 [11~/ [11~1~ Oil~EI ~ ~ ~ &~ R~
wJJJ outright permiEed uses posed by the applicant (as noted in 2.4) shall have
no greater adverse material effect on the livability of the impact area when
compared to the development of the properly by Southern Oregon University,
accordinq to its zone requirements. However, commercial uses as noted in 2.5
could have an adverse impact on the adiacent residential neiqhborhood.
Therefore, to ensure that those uses do not unduly impact the livability of the
impact area, based upon comments from nearby residential prope~y owners,
the city will impose conditions on the use of the auditorium on the prope~y
related to the hours or operation for the uses limited by this conditional use
permit.
The conditional use activities are to be limited to 8:00 am to 9:00 pm Sunday
through ThursdaY, and 8:00 am through 11:00 pm on Friday and Saturday.
Furtherl the COuncil finds that there shall be no more than 12 conditional use
activities occurring past 8:00 pm durinq any calendar month. The hour
limitation refers to the ending time of any particular event, and does not
include time'involved after the event has concluded for attendees to leave the
building and the parking lot, and for applicant to clean up and close down the
facility.
4 - G:\legal\PAUL\PLANNING~Armory\findings revised for reconsideration.wpd
Proposed findings for reconsideration. Changes in the findings originally
adopted by the city council on December 2, 2003, are indicated by stikeouts
and additions.
The City Council finds that with the attached conditions, the conditional uses
will have no greater'adverse material effect on the' livability of the impact area
when compared to the development of the subject lot with the target use of the
Southern Oregon University zone.
SECTION 3. DECISION
3.1 Based on the record of the .public hearing on this matter, the City Council
concludes that the following described conditional use activities et in the
auditorium of the National Guard Armory located at 1420-East Main Street are
supported by evidence within the record and the following activities are
allowed as a conditional use permit ~s granted for these actMtles: subiect to
certain conditions as listed below:
Commercial events in the auditorium.(where goods or services are sold for a
profit) such as trade shows, public dances, concerts, flea markets, farmers
markets held within the buildinq, holiday bazaars, gyr~nast~c,.,,~,o,-" '~'- dog ,.,u~,S-"
and-other similar events-
Any Commercial or Community function where alcohol is served, or live or
amplified music is played.
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, we approve Planning Action Cf
2003-105. Further, if any one or more of the conditions below are found to be
invalid, for any reason whatsoever, then Planning Action # 2003-105 is
denied. The following are the conditions and they are attached to the
approval:
The above uses shall be conditioned as follows:
That aAIl' proposals of the applicant shall be conditions of approval
Unless otherwise modified here. '
'"'- ~', ,,aL nNo_ Conditional Use of the interior of the Armory-shall coincide
with the exterior conditional use by the Rogue Valley Growers and
Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November.
(Use by the Rogue Valley Growers and Crafters Market is regulated by
G:~legal\PAUL\PLANNiNG~,rmory~findings revised for reconsideration,wpd
Proposed findings for reconsideration. Changes in the findings originally
adopted by the city council on December 2, 2003, are indicated by sfikeou~
and additions.
10.
a previously issued conditional use permit.)
The applicants shall obtain' a Sign Permit prior to ~nstallatlcJ,'~ of any
signs beinq displayed on the site. All requirements of Chapter 18.96
shall be met.
:rrhat-theThe operation shall comply with the noise levels as required in
9.08.170 of the Ashland Municipal Code.
ThatThe applicant shall provide a contact person for the facility shall-be
made who is available to address any concerns that may arise. This
person shall be identified and contact information submitted to the
Ashland Planning Division and the Ashland Police Department prior to
operation of the any conditional use.
That aAII Conditional Uses shall comply with applicable fire and building
code requirements prior to operation of the Conditional Use activities.
That Conditional Uses shall be limited to 8:00am to 9:00 pm Sunday
through Thursday, and 8:00 am through 11:00 pm on Friday and
Saturday.
That nNo more than 12 Conditional Use activities shall occur past 8:00
pm during ~ any month.
Any new outdoor lighting systems installed in relation to conditional use
activities shall be designed and operated so that the area ten feet
beyond the property line of the premises receives no more than 0.25 of
a foot candle of light from the premises lighting system. -Further, any
outdoor lighting systems installed in relation to conditional use activities
shall be recessed or shielded sufficiently so as to ensure that no light
source is visible from or causes glare on public rights-of-way or
adjacent property.- All outdoor lighting shall be shielded so as to not
emit light above a horizontal plane located at light source level.
-T-~Applicant shall maintain a I°g of uses at the Armory, and t,hat
the log Shall be available for review by the City'after advance notiCe is
given to the Armory. ·
G:\legal\PAUL\PLANNINGV~,rmory~findings revised for reconsideration.wpd
Notice of Reconsideration by Ashland City Council of a Request for a
Conditional Use Permit to Allow 6858 Sq.ft. Of the Interior of the
National Guard Armory Facility, Located at 1420 East Main St., to Be
Used for a Variety of Events Including Trade Shows, Flea Markets,
Community Events, and Private Parties, Planning Action #2003-105.
Applicant: Oregon Military Department
The city council will reconsider its decision in the above-entitled planning action on
May 4, 2004, at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland,
Oregon.
The decision being reconsidered was made by the council after a public hearing on
November 18, 2003. The decision approved a conditional use permit for the Oregon
Military Department with certain conditions. Written findings supporting the decision
were adopted by the council on December 2, 2003.
The Applicant (Oregon Military Department) then appealed the decision to the Land
Use Board of Appeals (LUBA) on December 23, 2003. Two parties intervened in the
LUBA appeal in support of the City, Sidney C. Abrahams and Susan P. Rust. The
Applicant, the Intervenors and city staff have agreed to submit to the council a revision
of the findings and conditions attached to the conditional use permit. Attached to this
notice are the revisions to be considered by the city council.
The city council will consider the revised findings and conditions at the time and place
set forth above. No public testimony will be taken at this time as only the parties to the
LUBA case, including the Intervenors, will have an opportunity to be heard.
If you have questions or comments concerning this matter, please feel free to contact
Susan Yates at the Ashland Planning Department, 541-552-2041, or Paul Nolte, City
Attorney, City Hall, 541-488-5350.
Attachment: Revised findings with annotations to identify the revisions,
G:\legal\PAUL\PLANNING~Armory\notice of reconsideration.wpd
CITY OF
SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Letter Supporting BPA agreements with Puget Power and PacifiCorp
Electric & Telecommunication
May 4, 2004
Dick Wanderscheid
Gino Grimaldi
BPA is proposing agreements with Puget Power and PacifiCorp regarding payment of
the $200 million reduction of risk discount and revising the benefits for residential
and small farm customers of the region's Investor Owned Utilities for FY 2007-2011.
These agreements would remove $200 million dollars fi:om BPA's power costs and
would reduce rates by about 6% in the last 2 years of the current rate period. BPA is
seeking comments fi:om its customers and interested parties by Friday, May 14, 2004.
Staffhas prepared a draft letter supporting this proposal for signature by the Mayor.
The Council authorizes the Mayor to sign the letter supporting this proposal and
forward to BPA prior to May 14, 2004.
These agreements would result in wholesale Power Savings of nearly $599,000 in
wholesale power costs during the last two years of the current BPA rate period.(Oct
1, 2004 to Sept 30, 2006).
BPA started the process of subscription of the NW Hydro System in 1998. As a part
of this process, BPA proposed a different method to provide residential exchange
benefits to the region's Investor Owned Utilities (IOU's). All six IOU's agreed to
benefits which equals 2,200 average megawatts (aMW) of power at a rate
approximately equivalent to BPA Preference Power Rate. These benefits could be
provided to the IOU's by BPA as either monetary payments or power delivery, which
then must be passed on to their residential and small farm customers.
When the IOU's loads, BPA customer loads, and Direct Service Industry loads were
aggregated these obligations exceeded the capability of the Federal Columbia River
Power System. Subsequently, available hydropower was severally curtailed as the
NW encountered one of the driest winters on record and in addition, power prices on
the West Coast skyrocket to unprecedented levels. To lessen the impact on these high
market prices on BPA's ability to meet firm load obligations, BPA's Administrator
asked BPA's customers to enter into load reduction agreements. Puget Power and
PacifiCorp executed agreements with BPA that removed BPA's obligation to deliver
fu'm power for the first 5 years of the contract period (FY2002-2006). BPA used this
freed up power to meet their power obligations to their other customers.
Electric/Telecommtmication Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
While all of this was occurring, there were a number of Public Utilities that objected
to the entire subscription process that BPA used to allocate power to the region's
utilities. As a part of the load reduction agreements, the IOU's negotiated a clause
that would require BPA to pay a $200 million litigation penalty ifBPA couldn't
convince those public utilities to drop their legal challenges to the subscription
process. This settlement had to occur by December 1,2001 or the payment would be
payable by BPA.
When no settlement was reached, there was an agreement to defer the $200 million
payment to allow additional discussion to occur with the hope of settling this
litigation. Both Pacific and Puget have deferred these payments and while they are
gathering interest, they have not been paid by BPA. In early 2004 their was another
regional effort to once again settle the lawsuits but this again, while favored by the
majority of the region's utilities, failed to get the necessary unanimous approval
needed to be implemented. These steps lead to this proposal that BPA is currently
seeking comments about.
This proposal would have Puget and Pacific forgiving $100 million outright and
deferring $100 million to the next rate period (FY2007-2011). They would receive
payments of this $100 million plus a portion of the original amount of interest in 60
equal payments beginning on October 1, 2006. Also, during the period 2007-2011,
this agreement would provide only financial benefits not power to all six of the
regional IOU's. It would set annual floor of $100 million and a cap of 300 million for
total financial benefits to all six of the IOU's. The actual amounts would be
determined by a methodology, which would use market prices of power to determine
the actual amount of the benefits available to the IOU's.
Payment of the $200 million penaky to Pacific and Puget would have occurred in the
2 year period between October 1, 2004 and September 30, 2006. It would have been
funded by increasing the Load Based Cost Recovery Adjustment Clause (LBCRAC)
by about 6%. These new agreements would result in that projected increase in the
LBCRAC not occurring. In Ashland's case, this would result in a net saving of nearly
$599,000 over this two-year period.
Staff feels that these agreements are a reasonable compromise that would accrue
immediate benefit to Ashland in the form of lower wholesale power bills. As such it
seems in our best interest to support BPA in this endeavor. The attached draft letter,
for signature by the Mayor would express Ashland's support for BPA moving ahead
with the agreements with the regional IOU's.
Electric/Telecommunication Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
May 4,2004
Steve Wright, Administrator
Bonneville Power Administration
PO Box 14428
Portland, OR 97293
Dear Mr. Wright,
The City of Ashland would like to formally go on record as supporting BPA's Proposal that would result
in new agreements between BPA and the Region's Investor Owned Utilities. (IOU's). These agreements
would result in immediate rate relief to Ashland of about 6% in October 2004 and as such would be
welcomed by the City.
Because the proposal would also limit future benefits during 2007-2011 to financial only in lieu of power
and also set floor and ceiling on these benefits, the proposal will be beneficial to Ashland beyond the next
two years of the rate period.
We appreciate BPA putting forth this proposal and would like to commend you for stepping up and being
proactive in a way that will help its utility customers provide rate relief for our customers, while trying to
balance all of the conflicting needs and values of the citizens of the Northwest.
Sincerely,
Alan DeBoer
Mayor, City of Ashland
CiTY OF
4 SHLAND
Council Communication
Title:
Dept: Public Works
Date: : May 4, 2004. '-
Submitted By: Paula Brown
Reviewed By: Paul Nolte
Approved By: Gino Grimaldi
Synopsis:
Request for Sewer & Water Service to 295 Mistletoe Road (Outside City Limits)
Mrs. Hazel Gessler who owns the property located at 295 Mistletoe Road (39 1E 14D Taxlot 1400) and
has requested connection to the City water and sewer systems. The property is located outside the City
limits, but within the urban growth boundary. Mrs. Gessler has received a violation notice from Jackson
County advising that her existing septic system has failed. In addition, a recent analysis of the water well
on the site indicates that it is contaminated. The existing home at 295 Mistletoe Road was constructed
prior to 1973.
Recommendation:
It is recommended that the Council approve the sewer and water service connections for Mrs. Gessler at
295 Mistletoe Road, and direct staff to obtain all necessary agreements prior to final connection. This
request meets the City's requirements for connection of services to properties outside the City limits.
Fiscal Impact:
There is no negative fiscal impact to the City for these connections and all service and connection fees
will be applicable. Mrs. Gessler is on a low fixed income and will be applying for a deferral of system
development charges under the City of Ashland's Affordable Housing Program.
Background:
In a letter dated March 15, 2004 (attached), Mrs. Gessler requested that the City provide water and sewer
services to her home at 295 Mistletoe Road (391E14D - Taxlot 1400). The property is located just
outside the City limits and is contiguous to the present City limits on the north and west sides and is
within the Urban Growth Boundary. The single family residence, constructed prior to 1973, has been
certified to have a failing septic system and a test: of the water well by Neilson Research Corporation has
indicated a failing test sample with the presence of fecal coliforms / E. coli. (letter and test results
attached).
The property is located just east of Bellview School and within the Hamilton Creek drainage. The
possibility of additional contamination entering the creek is very possible if the septic failure is not
addressed soon. Water and sewer mains are located within Mistletoe Road and a sewer lateral was
installed for this lot when the main was constructed several years ago. The water main is located within
the south shoulder of the street and can be accessed with little or no pavement cutting.
G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\CC Gessler 295 Mistletoe water sewer.doc
SEWER- Ashland Municipal Code Section 14.08.030, Connection - Outside City, Inside Urban Growth
Boundary (Amended Ord 2861,2000) An occupied dwelling or building located outside the City of Ashland
and inside the urban growth boundary may be connected to the sewer system when such connection is
determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be
detrimental to the City's sewerage facilities. Such connection shall be made only upon the following
conditions:
A. The applicant for sewer service pays the sewer connection fee and the systems development charges
established by the City Council. The applicant has been advised of the estimated costs for this
connection and is prepared to pay the water connection fee of $1,234, sewer connection fee of
$1',610 and SDCs estimated at'$2656,. Applicant will defer SDCs under, the Affordable Housing
Program.
B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any
reason, then the replacement dwelling or building may [continue to be] connected to the sewer
system of the City as long as the use of the sewer system will not be increased as determined by the
Director of Public Works. The applicant has been advised of this requirement. Successful
annexation will not have this requirement attached.
Co
The applicant shall be responsible for the full cost of extending the City.of Ashland sewer main or
line to the property for which sewer service is being requested. Sewer mains are in place along the
property and laterals have been extended beyond the pavement edge.
Do
The applicant shall secure, in writing, statements from Jackson County that the existing sewage
system has failed and that the provision of sewer by the City of Ashland does not conflict with the
Jackson County Comprehensive Plan, support documents, rules, or regulations. The County has
issued a specific written statement that the current septic system has failed.
E°
The applicant furnish to the City a consent to the annexation of the land, signed by the owners of
record and notarized so that it may be recorded by the City and binding on future owners of the land.
The property owner has signed consent to annexation.
F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an
amount equal to the current assessment for liabilities and indebtedness previously contracted by a
public service district, such as Jackson County Fire District No. 5, multiplied by the number of years
remaining on such indebtedness, so that the land may be withdrawn from such public service districts
in accord with ORS 222.520 and at no present or future expense to the City. The applicant will be
advised of this requirement.
G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior
to annexation to the City. The applicant has signed a deed restriction.
H. That the land is within the Urban Growth Boundary. The property is within the UGB.
(Ord 2704, 1993; Ord 2861,2000)
WATER - City Resolution 97-27 (attached) permits water to be supplied outside the City limits. Within
Section 2, one of the three provisions must be met. In this case, item C is the only fit.
SECTION 2. Premises outside the city may be connected to the city water system only as follows:
A. Connections authorized by the council prior to the date of this resolution. ]June 17, 1997]
B. Connections authorized by the council for city or other governmental facilities.
G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\CC Gessler 295 Mistletoe water sewer.doc
C. Connections authorized by resolution of the council where the council finds:
1. The connection is determined to be in the best interest of the City of Ashland and to not
be detrimental to the City's water facilities or resources. Staff recommends connection
of this property.
2. The applicant secures, in writing, a statement from the Environmental Health Division,
Health Department, Jackson County, Oregon, that the existing water system for the
premises has failed. Staffwill insure proper documentation is provided prior to the
start of the water connection.
3. The failed water system cannot be feasibly repaired or improved and there is no other
feasible source of water for the premises. Failing septic systems at this property and
adjacent properties have likely contaminated the surrounding well site. Deeper
wells could be sought, but contamination is unknown. Hauling water to the site is
an option. Staff recommends connection to the city's water system.
4. An Ashland water main or line exists within 100 feet of the premises. The City's water
main is 20 feet from the property and 125 feet from the residence.
5. The connection is to premises within the city's urban growth boundary. The property is
within the UGB.
SECTION 3. Connections authorized under section 2.C of this resolution shall be made only upon the
following conditions:
A. The applicant for water service pays the water connection fee for connections outside the city and
the systems development charges established by the City. The applicant has been advised of the estimated
costs for this connection and is prepared to pay the water connection fee of $1,234, sewer connection
fee of $1,610 and SDCs estimated at $2656. Applicant will defer the SDC fees under the affordable
housing program.
B. In the event dwellings or buildings connected to the water system are subsequently replaced for
any reason, then the replacement building or dwelling may continue to be connected to the water system of
the City as long as the use of the water system will not be increased as determined by the Director of Public
Works. The applicant has been advised of this requirement. Successful annexation will not have this
requirement attached.
C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction
preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of
record and notarized so that it may be recorded by the City and binding on future owners of the premises.
The cost of recording the deed restriction shall be paid by the property owner. The property owner has
signed consent to annexation and a deed restriction.
D. The property owner shall execute a contract with the City of Ashland which provides for: payment
of all charges connected with the provision of water service to the property; compliance with all ordinances
of the city related to water service and use; termination of service for failure to comply with such ordinances
and that failure to pay for charges when due shall automatically become a lien upon the property. A
memorandum of the contract shall be recorded in the county deed records with the cost of recording to be
paid by the property owner. The applicant has been advised that he will incur these costs.
Attachments:
Vicinity Map, P1at 'Map
Letter from Jackson County
Letter of 4/15/04
Neilson Research Test Results
G:\pub-wrksXeng\dept-admin\Waters\Sewer & Water Connections\CC Gessler 295 Mistletoe water sewer.doc
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LETTER OF INTENT
REQUESTING CONNECTION TO THE CITY OF ASHLAND
SERVICES OF SEWER AND WATER
I, Hazel Gessler am the owner of property located at'295 Mistletoe Road (see
current legal description of property attached) request connection to the City
services.
My. present sewer system is failing (see attached letter, by Todd Miller, .
Jackson County, dated: 03/10/04), and my well water is unfit to drink.
I am a widow surviving on a very limited social security income, and the cost
of and procedure will be difficult, but not impossible to meet the requested
connection cost.
This property at 295 Mistletoe Road will be left to my youngest daughter,
Rose Mary Weber (Post Office Box 59, Castella, Ca. 96017 [530] 235-2196)
upon my death at which time she will become the sole owner.
I declare under the penalty of perjury that the above statements are true and
correct.
Dated this 15th day of March, 2004.
"' Hazel Gessler
295 Mistletoe Road
'
Ashland, Oregon 97520
(541) 488-0537
Legal Description of Property
Letter Noting Failure
Signed Irrevocable Consent to Annexation Forms
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CITY OF
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved by:
Resolution Reiterating City's Policy of Relating the Expenditure of Monies for
Economic and Cultural ~Development tO the Hotel/Motel Tax and Repealing
Resolution 2000-25
Finance
May 4, 2004
Lee Tuneberg
Gino Grimaldi
Synopsis:
Recommendation:
Fiscal Impact:
Background:
An established Council ad hoc committee has met several times since December
5, 2003, and a study session of Council was held in April on this subject.
Documentation of that study session is attached. The attached resolution was
drafted for the study session as an example of how the resolution could be
changed to better meet the ad hoc committee's goals.
Adopt the resolution.
No direct fiscal impact is being proposed at this time. Grant amounts would be
budgeted as in the recent past recognizing the requirement to comply with state
statutes regarding allocation of Transient Occupancy Tax revenues for tourism.
The ad hoc committee appointed by the Mayor has met many times over the last
four months to review the history of the City's allocation of Transient Occupancy
Tax revenues to support economic and cultural programs. The impact of recent
state legislation regarding the use of such revenue to promote tourism was
reviewed and an amount was established by majority vote to be the "base" for
future annual expenditures.
A remaining issue is the direct allocation of significant portions of the tax
revenues to the Ashland Chamber of Commerce and the Oregon Shakespeare
Festival and what goals relate to those amounts. This could be resolved by
revising the resolution to hold the amount granted to these two entities at or near
the net amount granted in FY 2003-04, adjustable each year by the percentage of
inflation set by the Budget Committee for the General Fund. The Chamber of
Commerce amount would support tourism promotion and economic development.
This would result in the portion allocated to the smaller grantees to grow at a
more rapid pace to accomplish other goals considered by the ad hoc committee as
they agree with overall Council goals.
In times of deflation the amount allocated to all agencies would decrease a similar
amount not to fall below the state minimum. Reductions in the annually budgeted
revenue will result in a decrease to all recipients and the state minimum amount to
be spent on tourism.
An alternate resolution is attached. It incorporates changes that could be followed
on a trial basis as suggested by Councilor Jackson.
Attached are:
1. Minutes from the study session,
2. A report from the ad hoc committee chair,
3. A report from staff on one possible method of calculating the minimum or
base amount to be expended annually on promoting tourism,
4. A draft resolution allocating Transient Occupancy Tax revenues,
5. Minutes and other material from the meetings.
6. An alternate resolution.
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ASHLAND REITERATING ITS POLICY OF RELATING
THE EXPENDITURE OF MONIES FOR ECONOMIC AND
CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL
(Transient Occupancy) TAX AND REPEALING
RESOLUTION 2000,25
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the city council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Economic and Cultural Development Committee
is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
1) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development..
SECTION 3.
Beginning in Fiscal Year 2004~2005, the city council will appropriate thirty-three and
one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and
Cultural Development. Of the granted monies, the City of Ashland has determined that
as of July 1,2003, 42.7% were expended on tourism promotion, as defined in Chapter
818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion.
The remainder of the moneys may be allocated to grants in any of the three categories
set forth in Section 2 of this Resolution.
By January 31 of each year each recipient of grants under this resolution shall submit a
report to the city council setting forth how the grant funds received were expended in
furtherance of the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
1- 2004 TOT expenditure resolution
Cultural Development Grants:
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues'in
the Rogue Valley.
SECTION 5. Resolution 2000-25 is repealed upon passage of this resolution.
SECTION 6. 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- 2004 TOT expenditure resolution
RESOLUTION NO. 2004- Alternate
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ASHLAND REITERATING ITS POLICY OF RELATING
THE EXPENDITURE OF MONIES FOR ECONOMIC AND
CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL
(Transient Occupancy) TAX AND REPEALING
RESOLUTION 2000-25
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the city council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Economic and Cultural Development Committee
is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
1) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development.
SECTION 3.
Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty-three and
one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and
Cultural Development. The City of Ashland has determined that as of July 1,2003,
$186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism
promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be
spent on tourism promotion increased or decreased annually consistent with the
estimated TOT revenues budgeted.
The amount to be allocated annually to Ashland Chamber of Commerce (COC) and
Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall
be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation
or deflation established in the Budget process. An additional amount of $150,000,
adjusted each year by the amount of inflation or deflation established in the Budget
process, will be granted annually to COC for economic development projects in
1- 2004 TOT Expenditure Resolution - Alternate
cooperation with City staff.
Any additional amount for tourism required by Chapter 818 shall be allocated to COC,
OSF or other group during the budget process. The remainder of the monies budgeted
for these grants may be allocated to grantees for activities fitting in any of the three
categories set forth in Section 2 of this Resolution.
By January 31 of each year each recipient of grants under this resolution shall submit, a
report to the city council setting forth how the grant funds received were expended in
furtherance of the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley.
SECTION 5. Resolution 2000-25 is repealed upon passage of this resolution.
SECTION 6. 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- 2004 TOT Expenditure Resolution - Alternate
Memo
DATE:
TO:
FROM:
RE:
April 2, 2OO4
Mayor and City Council
Mike Franell, Assistant City Attorney
Lee Tuneberg, Finance Director
Calculation of Promoting Tourism per State Legislation
One of the difficult decisions the Council must make is to determine what percentage of Ashland's
transient occupancy tax (TOT) as of July 1, 2003, was actually being spent to fund "tourism promotion
or tourism-related facilities" pursuant to Section 11 (5) 2003 Oregon Laws Chapter 818. This decision
needs to be made in order to:
o
Facilitate compliance in the coming years;
Support the City Council Ad hoc committee in identifying possible revisions to Resolution 2000-
25 for distributing Transient Occupancy Tax revenues; and
Maintain flexibility for the city in allocating monies for promoting tourism and Economic and
Cultural development.
2003 Oregon Laws Chapter 818 defines tourist as someone who travels over 50 miles or stays overnight.
Tourism is defined as the economic activity resulting from tourists. Tourism promotion is activity
generally relating to the attraction of tourists or stimulation of future tourism.
Since the city has granted money to various entities identifying the source of those funds as proceeds
from the tax revenues it becomes important to calculate the amount meeting the state's definition. The
test is how much the city spends on tourism promotion or tourism related facilities. The difficulty arises
in that the express intent of the City in Resolution 2000-25 for the expense of its transient occupancy tax
revenue does not easily relate to the new state legislation in this area. Additionally, the accounting of
the funds received by Ashland Chamber of Commerce does not neatly consider the tracking required by
the new state legislation.
FINANCE D~A~TMEm
D. L Tuneberg, Director Tel: 541.488-5300
20 East Main Sl~e t Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735.2900
www.ashland.or, us
Memo
In the current fiscal year, the major grant recipients are the Oregon Shakespeare Festival (OSF) and the
Ashland Chamber of Commerce. The committee has accepted that all the money that goes to OSF
($112,332) can be considered promoting tourism given the size of OSF's budget for promotions.
The Chamber presented information identifying how they have, in this fiscal year, performed all of the
elements of economic and cultural development as defined in Resolution 2000-25. However, they assert
that all the money they received from the TOT was expended only for tourism prOmotion or support.
The Council TOT committee reviewed the material submitted by the Chamber and 'felt this assertion did
not comply with the City's intent in the distribution of the funds nor reasonably in the Chamber
expenditure of the funds.
The Committee recommends a determination that 30.7% of Chamber's total budget ($208,725 of
$680,900) was spent on activities meeting the state's definition. This figure is determined by
considering that Resolution 2000-25 identifies six separate areas of appropriate expenditure for
economic and cultural development. Only one or two of the six areas directly relate to tourism
promotion. Since the Chamber identified they performed functions in all six elements of 2000-25 it is
valid to consider only a percentage of the granted TOT mOney was spent for the tOuriSm 'functions. The
remainder was spent in the performance in the other areas of economic and cultural development.
The Chamber did not design its budgetary process in such a manner that easily allows tracking of the
expenditures in accordance with Chapter 818 definitions. Therefore, the Committee must make a
reasonable determination based upon the available information as to the TOT funds actually expended in
tourism promotion. To do this, the Committee looked at the total Chamber budget and took the
percentage of the total budget that is clearly identified as tourism promotion and applied that percentage
against the funds supplied by the City to determine the total amount of the TOT funds provided to the
Chamber that were expended on tourism promotion. (30.7% or $74,325)
Another assumption accepted by the committee was that most of the portion of the TOT revenue
allocated to other grant recipients (12% of 1/3 of budgeted receipts) were expended on projects to
enhance the quality of life for local and regional residents. The portion that may have been expended on
tourism promotion would be very difficult to track, is most likely very small and could be considered
deminimis and omitted from the calculation of the amount per the state's definition.
With the above definitions and interpretations and assumptions this translates into a total of $186,657
being spent to promote tourism per the state's definition for fiscal year 2003-04 since the effective date
is July 1, 2003. This amount is 14.23% of the budgeted TOT revenue of $1,312,000. This percent will
FINANCE DEPARTMENT
g. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-488-531
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.o~.us
Memo
need. to be adhered to as the city budgets TOT revenue each year and calculates the "base" amount or
minimum amount that shall be spent on promoting tourism attracting people from 50 miles away or to
stay over night in Ashland. The actual dollar amount to be spent will rise or lower with the estimated
amount of revenue budgeted each year.
FIN ANCE OEP ARTMENI
D. L Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-488-5311
Ashland, Oregon 97520 1-i-Y: 800-735-2900
w~w~.ashhand.or.us
TOT Subcommittee Chair's Report to Council
To: Mayor and City Council Members
Copies to: Gino Grimaldi, Lee Tuneberg, Mike Franell
From: Kate Jackson, TOT Subcommittee Chair
Date: April 7, 2004
RE: Subcommittee actions and recommendations
The TOT Council Subcommittee consisted of three Councilors: myself, Chris Hearn and Cate
Hartzell. We met 10 times from December 5, 2003 to March 11, 2004~. Eight of those meetings
were publicly noticed. One was an evening meeting to take public input from interested parties.
The Chamber and OSF attended all the noticed meetings and were included in discussion as
appropriate. In addition, a meeting was held on February 9 with Sandra Slattery, Lee Tuneberg and
myself to review their initial budget analysis. Minutes of all the noticed meetings are included in
this packet. Staff support included Bryn Morrison, Lee Tuneberg, Mike Franell, and Gino Grimaldi,
all very much appreciated.
The subcommittee was appointed at the November 3, 2003 Council meeting to recommend options
regarding the allocation of the TOT. During the first meetings in December, it became obvious that
first we would have to determine how the City's use of the TOT revenues relate to the new state
statute that establishes a 1% state lodging tax and limits future changes in local lodging taxes:.
Among the attachments today is a page with the applicable definitions in state law (HB 2267, ORS
305.824).
We approached our task in two major steps: a determination of funds expended on tourism as
defined in the new state statute, and a recommendation on whether and how to change the current
resolution.
The minutes of Feb 3, 23, and 24 meetings, along with Attorney Mike Franell's memo of April 2
titled "Calculation of Promoting Tourism per State Legislation" illustrate the discussion and decision
that 14.23% of the budgeted TOT revenue (or 45% of the granted TOT funds) for fiscal year 2003-
2004, or $186,657, be the minimum amount to be spent in future years on "tourism promotion" from
the Economic and Cultural Development Grant Program. This value is unrelated to the amounts
presently designated in the resolution. This determination was unanimously approved by the three
subcommittee members at the February 24 meeting. Chris Hearn now disagrees with the decision
(see his e-mail dated March 11). Paul Nicholson of the OSF provided a table to staff showing a
range of possible conclusions on March 4, 2004.
The Council must now decide to accept the original conclusion of the subcommittee or arrive at its
own conclusion.
I urge my fellow councilors to consider the following:
TOT Subcommittee Chair's Report to Council 2
1) For reasons of flexibility in use of our local tax monies, the minimum amount constrained to
"tourism promotion" is preferable. Local control has always been an important tenet of Oregon city
governance.
2) This assumption does not limit the amount we actually spend on tourism. It does give us more
latitude to use funds for other economic development activity and to address the impacts of tourism
on the community.
3) The determination does not specify who receives the funds required to be spent on tourism. The
Council may choose to alter the existing focus on OSF and the Chamber or retain its current
commitment to those organizations.
4) I believe two of the long-term impacts of our successful tourism promotion include the extremely
high cost of housing and the skewing of our demographics toward retirement ages and dramatically
away from families with children. Both of these impacts effect the livability and desirability of the
community.
5) It is important to me that the City and Chamber put more effort into diversifying the economic
base and supporting expansion and creation of locally owned businesses. Chamber staff and board
members with whom I have spoken agree with this concern and are already taking steps in that
direction.
For these reasons, I believe the rationale and conclusion by the subcommittee on Feb 24 is the best
for the community.
The subcommittee realized that Resolution 2000-25 does not reflect the impact of the new state
lodging tax rules. City Attorney Mike Franell advised us that it should do so. A proposed revision
is presented in this packet of materials. The main change is to first reflect the purposes for which the
City intends to spend the funds, and then to .acknowledge the minimum state "tourism promotion"
expenditure. Section 2 and 3 have been reversed in order and reworded. Sections 1 and 4 have not
changed. Section 5 repeals the existing resolution.
Separately, we can address the question of who receives the funds. The process for distribution of
grants can remain the same. Both large and small grantees would apply and later document their
expenditures, including the "tourism promotion" data needed to document City compliance with new
state law. The application process and review procedures can be changed without amending the
resolution. Staff has revised the application form to reflect the need for specific information. The
applications~have not been released yet, in order to assure that the forms accurately reflect the City's
intention for this fiscal year.
The Budget subcommittee meetings to review the applications are tentatively set for May 20 and 21.
Although we have traditionally made the distribution during the budget process, it is not essential
because staff determines the amount for distribution and simply includes that number as a
placeholder in the budget. As a courtesy to the grantees, a timely decision process helps them with
their own budgeting decisions.
At this point, the Chamber relies on the City funds for a significant percentage of its income (35%).
The OSF has also expected a specific amount each year bedause their allocation is specified as a
percentage of the TOT revenue. I suggest setting a specific dollar amount, for example $220,000 for
TOT Subcommittee Chair's Report to Council 3
the Chamber, with expectations that the Chamber apply for specific expenditures and projects, that
the use be accounted for in an annual report and that the City may identify specific tasks it wishes to
have performed (Section 2.b.5). In previous years, the contracts for grants lacked detail on the
City's intent. Staff is prepared to remedy that situation this year.
By setting a dollar amount, to increase with inflation or some other indicator, the City will, over
time, have more funds to distribute to other projects or groups, to be determined as needs change.
Keep in mind that none of these dollar amounts are affected by the amount the City must recognize
as committed to "tourism promotion".
I look forward to our discussion at Study Session next week. While the subcommittee has not
discussed the draft revised resolution, it was prepared by staff at our request and does reflect our
discussions of March 11. I would hope Council can agree to consider decisions regarding both steps
for action at the next Council meeting, April 20. We have a decision to make about "tourism
promotion" dollars. We have a decision to make about the resolution used to distribute the grant
funds.
Thank you for the opportunity to work on the TOT subcommittee.
~ Meetings were held in staff offices December 5, and 12, 2003 and February 9, 2004. Noticed meetings were
held in the Siskiyou Room, Community Development Building on the following dates: Jan. 5 and 20, Feb. 3,
10, 18, and 24, Mar. 11. On February 23, a noticed meeting was held with Chamber staff in the Finance
Conference Room. The February 18 meeting was held in the evening to take public input. The other
meetings were held from noon to 1:30 p.m.
Page
Dear TOT subcommittee and staff:
In our last meeting we continued the process of determining the appropriate
baseline for application of the new state law (HB 2267 - Hotel Motel Tax).
Having reviewed the matter in more detail and met with representatives of the
Chamber and OSF, I wanted to provide the following additional perspective:
Section 11(3) of HB2267 says:
"A unit of local government that imposed a local transient lodging tax on
July 1,2003, may not decrease the percentage of total local transient lodging
tax revenues that are actually expended to fund tourism promotion or
tourism-related facilities [emphasis added] on or after July 2, 2003."
Under Section 1(7), "tourism promotion" means "any of the following
activities:
"(a) Advertising, publicizing or distributing information for the
purpose of attracting and welcoming [emphasis added] tourists;
(b) Conducting strategic planning and research [emphasis added]
necessary to stimulate future tourism development;
(c) Operating tourism promotion agencies; and
(d) Marketing special events and festivals designs to attract
tourists."
Under Section 1(9), a "tourism-related facility"
"(a) means a conference center, convention center, or visitor
information center [emphasis added]; and,
(b) means other improved real property that has a useful life of
ten or more years and has a substantial purpose of supporting tourism or
accommodating tourism activities."
Under Section 1(13), a visitor information center "means a building or a
portion of a building, the main purpose of which is to distribute or disseminate
information [emphasis added] to tourists."
HB 2267.
I reviewing the applicable law, especially the underlined portions, my view
is that all of the VCB's activities qualify as "tourism promotion." Further,
even if the Council found a way of disqualifying the "tourism welcoming"
elements for the purpose of determining the baseline percentage, it is likely that
at least $73,000 of Chamber expenditure would qualify as 'tourism promotion."
It seems inconsistent for the Council to take the position for the last
twenty plus years that it is funding tourism promotion through the VCB; and then,
after a state law becomes effective, suddenly contend that it is funding the
entire operation of the Chamber. The Chamber and VCB budgets have been separate
for twenty years. The Chamber and VCB take advantage of economies of scale
by sharing staff, office space, and other resources. However, their budgets
are separate and the City funds, while perhaps not physically segregated, are
nevertheless earmarked for VCB funding. The Chamber Board confirms their
understanding has always been that the City funded the VCB budget.
Based on the above, I have come to the conclusion that the entire $242,000
was used by the Chamber for tourism promotion and welcoming of tourists under
Page 2 j
the terms of the law.
I have also come to believe that if we adopt an approach that is geared more
toward substantiating a baseline which promotes maximum City control over
future TOT funds, rather than openly complying with the letter and spirit of our
legislature's mandate, then we are being intellectually dishonest.
I just reviewed my oath of office. In it I solemnly swore in writing to
support the laws of the State of Oregon. I understand andappreciate the City's
understandable desire to retain power and flexibility over TOT funds. The
two-thirds of the TOT receipts which go into our general fund clearly retain that
flexibility.
Additionally, the money spent by the VCB and OSF not only promotes our local
economy in a variety of ways, but also ensures that we retain and ensure the
important TOT revenue which supplements our general fund every year.
Given all of the above, it is my opinion that the only baseline percentage
that would withstand legal and moral scrutiny would be the 27.3% that results
from the Chamber's $242,800 and the Festival's $112,332 being expressed as a
percentage of the $1.3m Transient Occupancy Tax for 2003.
Chris Hearn
Attorney (Oregon Bar # 91182; California Bar # 134842)
Ashland City Council (Position # 6)
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CITY OF
-ASHLAND
Transient Occupancy Tax
Sub-Committee'
Draft Minutes
December 5, 2003 12:00pm
Finance Conference Room, 20 E. Main St
Meeting began at 12:I5PM.
Roll Call
Committee Members Present: Cate Hartzell, Chris Hearn, and Kate Jackson
Staff Present: Lee Tuneberg and Bryn Morrison.
Discussion of Transient Occupancy Tax Revenues and Distribution
Committee members and staff discussed that the City should provide guidelines fOr what they
expect from the grantees, that the City may need a new resolution designating the funds, and
there may need to better identification of services the City will receive for monies granted.
They expressed the need to ask the Legal Department what portion of the 1/3 of the granted
monies meets the States definition of tourism and how much flexibility there wasin that, and if
any of the 2/3's qualifies as tourism. It was determined that a representative from the Legal
Department would be included in the next meeting. The Committee and Staff agreed to hold
the next meeting on 12/12/03 in Finance Conference Room.
Adjournment 1:25 PM
Respectively Submitted,
Bryn Morrison
Administrative Secretary
Finance Department
In compliance with the Americans with Disabifities Act, if you need special assistance to
participate in this meeting, please contact the City Administrator's office at (541) 488-6002
(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-
35.104 ADA Title I).
Pag_~e~l ~
CITY OF
SHLAND
Transient Occupancy Tax
Sub-Committee
Draft MinUtes
December 12, 2003 12:00 PM
Legal Department, Law Library, 20 E. Main St
Meeting began at 12:15 PM.
Roll Call
Committee Members Present: Cate Hartzell, Chris Hearn, and Kate Jackson
Staff Present: Mike Franell, Gino Grimaldi, Paul Nolte, Lee Tuneberg and Bryn Morrison.
Discussion of Transient Occupancy Tax Revenues and Distribution
Committee and Staff determined that the next meeting would need to be advertised and-held
in a public meeting area.
mis Jackson volunteered to be chair, Hearn second. Motion passed. All ayes ·
Committee and Staff recognized the need to identify goals. Goals are to diversify Economic
Development as a function, increase clarity about task and function, and accountability. They
reiterated from the previous meeting the need to identify how the grantees use the money they
are awarded and the possibility of creating a new resolution. Nolte explained the legislative
and legal aspects questioned in the previous meeting.
Adjournment 1:20 PM
Respectively Submitted,
Bryn Morrison
Administrative Secretary
Finance Department
In compliance with the Americans with Disabifities Act, if you need special assistance to
participate in this meeting, please contact the CiO/Administrator's office at (541) 488-6002
(T'FY 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).
CITY OF
SHLAND
Transient Occupancy Tax
Sub-Committee
Draft Minutes
January 5, 2004 12:00pm
Siskiyou Room, 51 Winburn Way
Call to Order
The meeting was called to order at 12:11 pm.
Roll Call
Council Present: Cate Hartzell, Chris Hearn, and Kate Jackson
Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg
, Others: Paul Nicholson, Sandra Slattery, and Mary Pat Parker
Approval of Minutes
Approval of previous sub-committee minutes dated:
December 5, 2003
December 12, 2003
Hartzell/Hearn mis to accepted minutes as presented.
Transient OcEupancy Tax
Tuneberg presented a chart of this year's grant recipients, showing additional
information on the proposed use of the funds in accordance with Resolution 98-23 and 2000-
25, and the demographics of visitors to Ashland. Slattery felt that all the money granted to the
Chamber was used for tourism. Slattery added that the grant is meant for people in business
or who want to start a business, specific to Ashland, and tourism. Tuneberg suggested that the
Chamber could identify what parts of D, E, and F of the resolution they meet. Slattery will
CITY OF
kSHLAND
address all categories in resolution. Tuneberg asked for any. numbers to use as a basis to help
with the demographics. Chamber representatives agreed to meet with staff in two weeks to
discuss their total budget and activities. Nicholson added that all of the money that is granted
to OSF is for tourism and that they spend approximately $1 million per year in marketing and
the grant is roughly 10% of budget. He will provide a financial statement.
Hartzell presented a suggested list of process steps and goals. Hartzell wasn't thinking of
changing resolution, she wants to figure out what the baseline is, are we achieving the goals
we have set. If they need to define more goals. She explained that the functions are what we
expect to accomplish by granting the money to the bigger grantees. Hearn agreed with
Hartzell. Jackson wanted to view how new statute would effect the grant process, and that we
need to determine a baseline for tourism.
Hearn asked what statute number the legislative material was and Jackson answered ORS
305.824. Staff provided a separate sheet on the definitions of ORS 305.824. Hearn added that
tourism is someone who comes from 50 miles away or more. Tuneberg said that the City plans
to base it's estimate of the amount spent on tourism promotion on it's intent in awarding the
funds for this fiscal year because the state law specifies the date of July 1,2003. Nicholson
added that OSF and the Chamber's funding is 88% of the 33.3%, if all of the..~0hamber:s
money was spent on tourism, then 88% of 33.3%=29.3 % becomes the baseline for tourism
expenditure. Hearn responded that according to the statute some of the 12%was for tourism.
Nicholson responded that it could be more than the 29.3%. Hartzell asked if.what they are
talking about was the promotion or provision of tourism. Franell responded itis the promotion.
Hartzell responded that they might need to clarify that to the grantees. Jackson suggested
sending a letter to the grantees to ask them what is their use of the funds. The City prefers to
define toudsm by using the information in the previous year's grant application and the
analysis coming from the Chamber.
Hartzell asked if we should look at 2002-03 grants. Franell said no due to the date specified in
the state law. Jackson asked if they request in writing from the grantees what the funds are
used for, if they are bound by what they say. Franell answered that they can assume that they
would be bound_ by it unless they have reason to believe it the numbers have been
manipulated.
Discussion continued regarding contacting grantees on the question of tourism promotion.
Jackson added that when they contact the grantees, that they would explain the changing in
the state law of what is tourism and how they think they have been spending the funds. Hearn
emphasized the need to be clear with the wording in the statute, that they followed the statute.
Gdmaldi suggested looking at other sources first, to look at the application, and what was our
intent when we spent it. Tuneberg didn't think that the intent on the demographics page did not
CITY OF
kSHLAND
reflect the tourism specifically well. Jackson added that some of the grants are so small that it
would take most of the money to write these reports for us, asked if we need to look more
closely at the information they provide. Tuneberg added he would like to have the discussion in
two weeks about changing the application and the minimums that they want the grantees to
report on. Tuneberg said that they would-like to have the applications ready for distribution by
February 1 and back from the grantees by the end of February.
Disussion continued regarding the next meeting and it was decided to meet on 1/20/04 at
noon.
Hartzell suggested having the other grantees come to the meeting since OSF and the
Chamber were there. Jacks°n responded that she was not prepared to have the public at the
next meeting because the committee need to discuss it's own goals first. Hartzell suggested
sending a notice of the meetings to the grantees. Where OSF and the Chamber could talk to
the grantees and possibly help them with services. Slattery responded that they would be
willing to discuss this option. Parker added that by inviting these groups that some of their
goals would be diffused. Hartz_ell responded that she doesn't want to go further Without
discussing this. Hearn added that it would be a violation of statute to lower the 12%. Tuneberg
responded that he does not want to lower percentage, just to change what it goes for.
The meeting concluded with discussion of the topics of the next meeting: when public input
would be invited, the application changes, and distribution of the grants. Grimaldi suggested
not changing the application until the goals are set.
Adjournment
The meeting was adjourned at 1:40 pm.
Respectively submitted,
Bryn MorrisorL
Administrative Secretary Finance Department
CITY OF
,SHLAND
Transient Occupancy Tax
Sub-Committee
Draft Minutes
February 3, 2004 12:00pm
Siskiyou Room, 51 Winburn Way
Call to Order
The meeting was called to order at 12:12 pm.
Roll Call
Council Present: Cate Hartzell and Kate Jackson
Council Absent: Chris Hearn
Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg
Approval of Minutes
Jackson and Hartzell agreed to wait to review and approve the minutes of January 20, 2004
until Hearn was present.
Approval of grant process calendar
Tuneberg spoke to the grant process calendar. He is proposing to make the applications
available March 1, the applications returned from the applicants by March 19, and the Budget
Committee meeting to allocate the funds on March 30 and 31. Hartzell asked what was
needed to be able to send out the applications. Tuneberg responded that they were waiting for
any direction tf~e councilors may have, and then they would prepare the paperwork and place
a public notice in the paper. Jackson added that the councilors should add any guidance to the
application before they are sent out. Hartzell suggested sending a cover letter to send with the
application notifying the applicants of the changes. Jackson and Hartzell approved the grant
process calendar as presented.
CITY OF
-ASHLAND
Jackson asked when the letter was mailed out to notify the applicants of the Transient
Occupancy Tax meetings and that public input would be taken on February 18. Morrison
responded that the letter was mailed January 30, 2004.
Ashland Chamber.of Commerce Financial Report Presentation
Sandra Slattery and Mary Pat Parker presented the financial report for the Chamber. They
spoke to how the Chamber adheres to the categories in Resolution 2000-25. (Please see
attachment that follows)
Jackson asked about the Visitors Convention Bureau (VCB), if it is a separate entity from the
Chamber. Slattery responded that the VCB has its own program, budget and mission and the
City grant funds are used for the VCB. Hartzell asked if there is a position on the VCB held by
a person from the City. Slattery responded that there always has been and currently the mayor
selects a person to appoint to the board. Jackson added that the VCB has a separate board of
directors and asked if they have to be a member of the Chamber to participate. Slattery
responded that they could be anyone who is involved in attractions or tourism... -
Hartzell asked what the $10,000 for the Toudsm and Economic Development (research
studies) in Appendix I was spent on in 2003-04 budget. Parker responded that one example
was Destination Ashland, and that 100% of the people surveyed were tourists..Slattery added
that they were trying to continue a program that was cut at SOU called Southern Oregon
Regional Services Institute and they are also trying to create a standard visitor survey for
scientific data that is seasonal specific and they are trying to develop what they want to use
from the information gathered.
Hartzell asked about the links on their web site and if they could be free of charge or a nominal
charge. Parker responded that the fee is $10 per month and that is a nominal charge, and that
they charge this so they are able to continue to improve the web site. Hartzell asked how
some of the money that is granted to the Chamber for their web site could assist other smaller
organizations, and if it could go toward the smaller organizations being linked on the
Chamber's web_site. Slattery added that the Chamber does not charge for the community's
events to be listed on the calendar.
Hartzell asked if the Chamber and OSF worked together for marketing. Slattery answered that
they respond to the community's needs that are brought to the attention of the committee and
market accordingly. Hartzell suggested that the City needs to give more attention to how it
works with the Chamber to promote the City. Slattery gave examples of how the Chamber
works to promote the City.
CiTY OF
,ASHLAND
Hartzell asked if the people on the event committees were required to be Chamber members.
Slattery responded that they didn't have to be Chamber members. Hartzell asked if the one on
one business help was free to members. Slattery responded that it is free to anyone, non-
members included.
Hartz. ell asked for a budget specific for the Chamber, and if the grant was only used for the
VCB budget. Slattery responded that the grant is only for the VCB budget and the Living and
Doing Business is part of the Chamber budget, none of the TOT funds go towards it. Hartzell
asked what the difference in cost was between annual and biannual reports. Slattery
responded that it was roughly $18,000 for the program, and $25,000 for Living and Doing
Business, without staff time and photos included. Hartzell asked about one stop permitting
process. Slattery responded that they are looking to be able to give information to the public on
one stops.
Jackson asked at what point the Chamber decides the level of tourism is where they want it to
be and sustain it and then market that differently than developing it. Slattery responded that
35% of the Chambers budget is tourism, and their direction is to improve the overall economic
development of the community and that is the direction they want to encourage. If they had ·
more revenue, they would do more sUrveying, analyze the data, continue web-site
development, and listen to what the customers wanted. Jackson voiced that she was uneasy
about the ovedap of the categories and that some of the tourism dollars are :used .for economic
development also. She asked what the $18,000 for the Festival of Light represented. Slattery
responded that it was for media advertisement, event organization, and that those costs relate
to tourism. Grimaldi suggested separating the two budgets for Chamber and VCB. Slattery
added that the VCB has always had its own budget. Hartzell suggested looking at the 2002-03
financials as a full budget to see a baseline under the new State Statute.
Tuneberg asked Paul Nicholson what the budget for OSF was. He responded $20.9 Million.
Nicholson added that OSF's contract with the City specifies that the grant is to be used for
tourism.
Tuneberg added that it is difficult to distinguish the Chambers figures as tourism because of
the overlapping of resources and staff. He added that if the City identifies the funds as to be
used to promote tourism, it would restrict them on who and how it is used. An alternate
method to proportion the funds could be if 35% of the Chambers budget is the VCB, then 35%
of the funds granted could be considered for tourism with 65% considered toward other
economic activities.
CITY OF
-ASHLAND
Hartzell added that they need to look at the Chamber's contract. Franell will review contracts
and Resolution 2000-25. Hartzell would like the wording changed on the meeting schedule for
the meeting on 2/18 and that there will be public input.
Adjournment
The meeting was adjourned at 2:00 PM.
Respectively submitted,
Bryn Morrison
Administrative Secretary Finance Department
CITY OF
- SHLAND
Transient Occupancy Tax
Subcommittee
Draft Minutes
February 10, 2004 12:00pm
Siskiyou Room, 51 Winburn Way
Call to Order
The meeting was called to order at 12:11 pm.
Roll Call
Council Present: Kate Jackson, Cate Hartzell, and Chris Hearn
Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg
Approval of Minutes
Approval of previous subcommittee minutes dated:
January 20, 2004
Hearn/Hartzell m/s to accept minutes as presented. All Ayes.
February 3, 2004
Hartzell/Hearn m/s to accept minutes as presented. All Ayes.
A. OSF FinanCial Report Presentation
Paul Nicholson presented the Oregon Shakespeare Festival's financial report. He presented
the committee and staff with a document regarding their tourism promotion expenditures. He
explained that OSF's fiscal year is different than the City's as the City's is July 1 through June
30 and theirs is based on a calendar year. He stated that of the $108,600 that was granted to
them, 100% was used for tourism promotion to potential patrons outside a fifty-mile radius of
Ashland. Jackson added that she is confident that the money granted to OSF is used for
CITY OF
dkSHLAND
tourism promotion. Hartzell asked if any of the 100% is spe~ on local advertising. Nicholson
responded only approximately 3% is local. Hearn asked how the total economic impact of the
festival for 2003 of $129 million was calculated. Nicholson responded that they look at the total
attendance and remove local people and people that do not come specifically for the shows
and then that leaves approximately 80% ofthe total audience. They then multiply that by the
Oregon Multiplier to obtain the $129 million. Hartzell added that she would like to see this
report annually. Hearn asked if the Time article and the terrorism abroad helped the festival.
Nicholson responded that it did, but they did not have any survey numbers that would show
that. Nicholson added that the festival is not looking at growth or adding any performances.
84-86% of the patrons are returning customers and they spend the funds on the 14-16% that
are not. Hearn asked about the challenge of promoting to the younger clientele. Nicholson
responded that they are doing diversity marketing. Hearn asked if the high school curriculum
still included Shakespeare. Nicholson responded that with the funding resources failing, staff
from OSF is stepping in to instruct and help out in the classroom. Hartz_ell asked What the
change has been in the last two years regarding their total economic impact. Nicholson
responded that this year they have changed their marketing to market eadier in the year rather
than once the plays start because patrons are not willing to commit themselves as eady as in
previous years. Hartzell asked if OSF monitors the patrons that come to the plays that also
attend other events. Nicholson responded that they do not. . ::;
Hartzell asked Franell about the contracts for OSF and the Chamber. Franell responded that
the contract refers to the application and the City does not require them to submit an
application. Hartzell asked if OSF's contract mentioned promoting tourism and Franell
answered that it did not. Tuneberg added that the cover letter that was attached did reference
tourism but did not refer to the states definition of tourism. Franell suggested that the City
should refer to Resolution 2000-25 rather than the contract, that it is more specific.
B. Compile list of outcomes for 2004 qrants
The subcommittee discussed the need to make recommendations on how they want to see the
grant monies distributed this year other than it has been in previous years. One suggestion is
to choose to emphasize one or more of the six categories of the resolution.
Jackson believes that category F.'s emphasis is to bring people to the City in the off-season.
Hartzell added that F. is not correct on the application, that it should follow the resolution.
Jackson pointed to a chart from the previous meeting showing how the funds that were
granted to each grantee were spent following the resolution. She stated that some of the funds
are used to support a greater diversity of cultural opportunities for our citizens and support
existing cultural opportunities. Hartzell cautioned against making that assumption and that the
grantees might argue that some of them bring people in from more than 50 miles away.
CITY OF
- SHLAND
Hartz. ell clarified that she was looking at that in terms of the goals, that they cannot look at all
the small grants and put them in the category of greater cultural activities for our citizens.
Jackson proposed to discuss the question of supporting local cultural activities and is it
important.to the City. Hartzell answered that it is important, to the City. She proposed the need
to diversify an economic strategy for categories A, B, C, and E. Jackson agreed. Hartzell
added that she would like to add #7 to the agenda list. She expressed the idea that people
want more money to allocate to smaller organizations. She sees #1 on the agenda as a
strategy and that it is the first place to start and that #2 is a tactic. She spoke to possibly
distributing the percentage between the categories.
Hartzell asked if the subcommittee decides locally how to calculate the percentages before the
state does, if it will stand. Franell answered that it would if there was a rational basis for the
allocations and it would prevail until they were told otherwise. He added that the subcommittee
should not wait for the Chamber's report to be presented to allocate the funds according to the
new statute, that it is the council's responsibility. Jackson and Hartzell agreed. Hearn asked if
the state put together administrative rules to help implement the new statute. Franell did not
see at this point that there was that authority present.
The subcommittee and staff discussed the problems that the public sees with ,the allocation of
the funds as they are presently. Hearn added that if they doubled or tripled the money,, there
would still be the problem of not having enough money to go around. Jackson responded that
they need to look at the resolution and the state's restriction and see if the resolution now
states the way they want the funds granted. Franell suggested possibly having a committee set
apart from the Budget Committee that reviews the applications after the allocation from the tax
is set. Hartzell added that they could have another category in the resolution for diversifying
economic development. The subcommittee discussed adding another element to the
resolution. It would have three categories: tourism, economic development, and cultural
development. Hartzell suggested that each category has a cap for fund amount that it cannot
go above.
The subcommittee discussed the next meeting and the public input. They asked for a display
advertisement and a news item on the web page.
Other Business
Jackson explained that Lee Tuneberg, Sandra Slattery and herself met to discuss the
Chamber and VCB's budget analysis. Slattery will present the City with a final set of numbers
CITY OF
kSHLAND
on their tourism budget shortly. Hartzell would prefer to be included in the meeting with
Tuneberg and Slattery in the future.
Adjournment
The meeting was adjourned at 1:32 PM.
Respectively submitted,
Bryn Morrison
Administrative Secretary Finance Department
CITY OF
4XSHLAND
Transient Occupancy Tax
Subcommittee
Draft Minutes
February 18, 2004~7:00pm
Siskiyou Room, 51 Winburn Way
Call to Order
The meeting was called to Order at 7:07 pm.
Roll Call
Council Present: Kate Jackson, Cate Hartzell, and Chris Hearn
Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg
Introduction
Jackson gave a summary of what had been discussed at the previous meetings. She referred
to Resolution 2000-25, the State of Oregon's new statute, and the 1/3 of the TOT funds that
are allocated in this process. Hearn added that the remaining 2/3 of the tax goes into the
General Fund and is used for City services. Hartzell spoke of the importance of setting and
measuring a baseline. She pointed to three questions: how they can leverage, or set up a
process to leverage the funds towards tourism promotion, how they reach an economy of
scale, and how they set a percent or aggregate a request on how the money is spent on
tourism. Hearn added that they are also looking at how the Chamber of Commerce could help
other groups with their allocation.
Public Input
Wendy Siporenl Southern Oregon Economic Development Coalition (SOEDC)
Siporen presented material for committee and staff. She gave a background of the
organization, that they support small businesses, and that their mission is to bring people
together to cultivate the local economy. Please see attachment.
CITY OF
-ASHLAND
Paige West/SOEDC
West gave an example of her personal experience of living in Sedona, AZ and the City's efforts
to encourage and support locally owned businesses. She suggested that Ashland encourage
and support locally owned business as Sedona has.
· 'BruCe Bayard/AShland Gallery AssoCiation, Public Arts COmmission
Bayard gave a background of the gallery functions and explained how the grant has helped
them. They have applied to the Chamber for assistance and now have a relationship with them
for the Taste of Ashland. They hope to include more downtown businesses with the next
function. Hartzell asked what the Chamber will assist with. Bayard responded that they help
with the logistics of the event: licensing, organizing the restaurants and wineries, and
promoting the event.
Bryan Holley1324 Liberty
Holley stated that he supports the sharing of the funds granted. He stated that OSF is not
struggling but is healthy and the City may not need to grant them any more funding. He added
that the smaller organizations could benefit more from the funds. He pointed to the Chamber
and what they spend on printing, direct mailings, and marketing. He presented the Yaldez
Principles and made suggestions on how the City and the Chamber could embrace a more
environmentally friendly printing option.
Kimberly Ward/Southern Oregon Women's Access to Credit (SOWAC)
Ward presented SOWAC's mission. She added that a portion of their support is to home based
businesses. They encourage purchasing locally and help these businesses to connect with
other local businesses. They suggest partnering with the Chamber for customer service,
financial support, and marketing. She suggested that OSF could give a discounted rate on
their playbills when they advertise local businesses. Jackson asked what their clientele
businesses were. Ward responded examples are some businesses located in the A street
marketplace, day spas, a photographer, Pilaf, and a coffee drive up. In 2002 they had 89
small businesses that they loaned $90,000 to. Hartzell asked about training help from the
Chamber and the cost. Ward responded that the cost is in addition to the membership and
some cannot afford membership.
Mark Pound/Rogue Valley Growers and Crafters Market
Pound spoke to the idea of partnering with other businesses in the off-season to attract more
business. He explained that they have an issue of finding a downtown marketplace now and
are looking for a site or the possibility of transportation to their current site. He would like the
Chambers help in marketing and finding a central location for the market in the City. Jackson
asked if there were two groups in the market. Pound responded that there is only one. Hartzell
CITY OF
-ASHLAND
asked if they provide training for the buyers. Pound responded that they have a program that is
in the initial stages, but hasn't begun yet.
Paul Copeland/462 Jennifer St.
Copeland asked how much money was the 1/3 of the tax last year. Tuneberg responded that it
was approximately $440,000. Copeland aSked if there was a change in the'allocation last'year.
Tuneberg responded that in September of 2000, Resolution 2000-25 was passed not allowing
monies to be carried over and put back into the year they were earned in. The Finance
department will estimate a figure and all payouts would be based on that estimate. If the
estimate is Iow, the remainder will go to the General Fund. If it is high, the General Fund will
receive less dollars. Hartzell added that the Chamber and OSF decided to not accept $30,000
last year. Tuneberg responded that those funds were put towards transportation costs.
Copeland asked if the 12% was allocated only towards economic development. Tuneberg
pointed to Resolution 2000-25 and the categories within it. Copeland responded that he has a
concern that the City is starving small non-profits and that the larger organizations do not need
the charity. He said that it is not about the money, that the City needs to show OSF that they
appreciate them in other ways. He added that the funding from the City does not have much of
an impact on OSF. The committee could look at any activity that is done in the City that makes
the City better as promoting tourism. Hartzell stated that OSF's grant from the,City is important
for them to show local support when seeking other funding. She pointed to the Resolution in
asking how they could leverage the support from the Chamber.
Lezley Sanders/Siskiyou Singers
Sanders gave a background of the history of the organization. She added that with Measure 30
failing, the schools need support from organizations like hers. She asked if the committee
considered rewriting the Resolution. Jackson responded that they could rewrite it and possibly
clarify the categories within it. Hearn added that the state law changed at July 1, 2003 and they
need to analyze what is spent for tourism. Jackson added that they need to define what is
spent for tourism in the region and that they are still working with the Chamber to see how they
spend the money granted from the City. She said they are leaning towards requesting certain
types of things d~ne with the money instead of designated an agency to fund so all applicants
are on equal footing. Hartzell added that they are trying to find flexibility and the ability to
leverage in as many ways as possible. Sanders asked What the citizens could do. Jackson
responded that they could let them know if they should do sustainable economic projects. They
would like to justify their decision on the percentages.
Holley asked about the 1/3 in the Resolution, if with the passing of the state law, the City could
change the 60%, 28%, 12% allocation percentages. Hartzell responded that was the City's
Resolution. Jackson responded that they do not have to rely on those percentages. They want
to look at the dollar figure spent for tourism and economic development and that those funds
CITY OF
-ASHLAND
do not have to go to OSF and the Chamber. Copeland added that people could donate funds
to OSF to show local support. He suggested that Council find out the figure that is donated to
OSF locally. Jackson asked if they could use the assets provided in the grant application as
leverage. Hartzell responded that they could. Holley asked why the state passed the new law.
Jackson responded that it is supposed to support Oregon market itself. She feels it takes away
'the local cOntrOl in tax authoritY and services the CitY may want to pay for. Hartzell added that
the state is looking at local trends in the changing marketplace. She added that she would
encourage the public to attend the future meetings.
Committee Discussion
Hearn stated that they are still doing analysis of the new state law and he would like to analyze
what was presented tonight. He encouraged further input. Jackson added that the grant
applications will be available March 1, they are due back March 19, and the subcommittee
meetings are March 30, 31. Hartz. ell added that they could be specific about what they want
done with the funds. Jackson added that the Youth Activities Levy supports the youth, and the
attorneys could advise them if they could use those funds in a broader way. Hartzell asked if
they are marketing Ashland or are they marketing the events. Jackson:stated that in talking.
· with the Chamber, they have noticed how much they are spending in .printing costs and are ~
looking at getting more with each dollar spent.
Graham Lewis/Chamber of Commerce appreciated the partnering with the Chamber as far as
marketing workshops, and leveraging the Chamber money towards smaller organizations.
Adjournment
The meeting was adjourned at 8:45 PM.
Respectively submitted,
Bryn Morrison
Administrative Secretary, Finance Department
CITY OF
SHLAND
Transient Occupancy Tax
Subcommittee
Draft Minutes
February 23, 2004 1:00pm
Finance Conference Room, 20 E. Main St
Call to Order
The meeting was called to order at 1:00 pm.
Roll Call
Council Present: Kate Jackson and Cate Hartzell
Staff Present: Lee Tuneberg
Background:
At the Feb 3 TOT meeting, Chamber Director Sandra Slattery and staff Mary Pat Parker
presented a report illustrating how the Chamber provides for five of the six goals under Section
3 of the existing Resolution 2000-25. On February 9, Sandra met with Kate, Lee and Bryn
Morrison to review a budget summary prepared by the Chamber to address the state
distinction between "tourists" and all visitors, and Visitor and Convention Bureau and Chamber
budgets. Sandra then consulted with Chamber staff and Board members concerning the
charts she was preparing. At the Feb 23 meeting, a properly noticed public meeting,
Ms. Slattery presented revised budget charts to those present.
Meeting minutes
Sandra presented a three page table showing the "VCB" budget with the tourism costs split
20%/80% for local/outside of region visitors, the Chamber budget, and a summary page. We
observed that many expenses are split between Chamber and VCB: postage, printing,
telephone, etc. The more we looked, the harder it became to be sure expenses were in the
appropriate column. Further, resources such as the photo files, are used by both sides of the
organization. On the advice of staff, we proposed applying the same percentage of the City
funds to total Chamber budget to estimate the proportion of city funds spent on
CITY OF
ASHLAND
tourism. This assumption seemed plausible in light of the fact that the City expects, and the
Chamber claims to provide to the City, economic development assistance as well as tourism
promotion services.
Councilors Hartzell and Jackson both expressed their desire to have the Chamber show how
their aCtions Will helP market Ashland as an affordable and family-friendly place to live and
work(, as opposed to attracting more residents in retirement).
Adjournment
The meeting was adjourned at 1:20 PM.
CITY OF
SHLAND
Transient Occupancy Tax
Subcommittee
Draft Minutes
February 24, 2004 12:00pm
Siskiyou Room, 51 Winburn Way
Call to Order
The meeting was called to order at 12:09 pm.
Roll Call
Council Present: Kate Jackson, Cate Hartzell, and Chris Hearn
Staff Present: Mike Franell, Gino Grimaldi, Bryn Morrison, and Lee Tuneberg
Approval of Minutes
Approval of minutes dated February 10, 2004.
HearnlJackson mis to accept minutes as presented. All Ayes.
Approval of minutes dated February 18, 2004.
Jackson revised the minutes on the last page to when Copeland stated how OSF could show
support: contributions for OSF were coming from local memberships support. On question of
what the state hoped to achieve with new law: Jackson replied that the state has a marketing
program and it Would market the state as a tourism destination. Graham' Lewis stated that he
liked the idea of partnering for the Chamber instead of appreciated.
HearnlJackson mis to accept minutes as corrected. All Ayes
Determination of "tourism" component of July1, 2003 budget:
Jackson spoke to the 12% of the funds that go to the smaller organizations and they will not
analyze them. She spoke to the letter that OSF presented on 2/10/04 and that 3% of the
brochures that they spend their granted funds on, stay in the community. She stated that she
CITY OF
-ASHLAND
believes that the funds that are granted to OSF are used fully for promoting tourism. Hearn
agreed.
Jackson spoke to the meeting from 2/23/04 with Lee Tuneberg, Sandra Slattery, Cate Hartzell
and herself. She said that the Chamber board approved and Slattery presented that of the
$242,800 that waS granted 'from the city last year, 80% was for promoting tourism outside 50
miles and 20% was for local promotion. Jackson stated that they cover most of the resolution
goals with the funds spent. Jackson prefers to look at the City's contribution as a portion of the
Chambers overall budget instead of being specifically for tourism promotion. She also stated
that Slattery had presented the Chambers budget previously, that the City's contribution is
approximately 35% of the Chambers budget.
Jackson referred to the option of taking the 80% out of the VCB Budget, as having been spent
outside the 50 miles, and that equals $208,725. She spoke to Tuneberg and Franell's emails
regarding a proration of the total amount budgeted for Chamber. Dividing the VCB budget by
the Total budget to obtain percentage. Hearn asked to clarify the email. Council and staff
presented:
Chamber
Total Budget
VCB Tourism
Inside 50 miles
Outside 50 miles
$680,900
34,075
208,725
$242,8OO
208,725: 30.7%
680,900
Please see attachments.
Jackson stated that Franell advised committee and staff to use the 30.7% as tourism
promotion. Hearn asked to clarify the Chambers total budget is either 30.7% or 35% that is
spent on tourism and that portion of the City's money goes to tourism promotion. Tuneberg
responded that the key with the states legislative action is what does the City spend on
promoting tourism. He asked Franell previously if it was acceptable to look at a proation for the
amount of money given to identify how much the City spent on tourism. He responded that
with the information provided we could focus on the 30.7% as tourism promotion. Jackson
asked if we state that as a dollar value spent on tourism. Tuneberg answered that they would
probably want to identify that as a baseline and then it may increment with growth over the
years but they will have to consult the legal department. Hartzell asked about the money that
the Chamber and OSF gave back last year. Tuneberg responded that it is not seen as spent
because it never left the City.
CITY OF
SHLAND
Bryan Holley stated that the City would like to be legally defensible if asked. He feels that they
need to identify all the other costs related to tourism, that the City money spent that may relate
to tourism. Tuneberg responded that they raised that question earlier in the process and found
it difficult to relate those to the Transient Occupancy Tax.
Mary Pat Parker asked to'clarify the 30.7%. Committee and Staff presented: '
30.7% x $242,140= $74,325
112,332
$186,657
OSF granted 03-04
proposed total OSF and Chamber amount as the state
definition of tourism
Hearn asked if the states new staiute d°es not allow the percentage or the dollar figure to
drop. Franell answered it was the percentage.
Hartz. ell asked if the 30.7% is an accurate and fair number. Tuneberg responded it is. Franell
thought that the appropriate number to use is $186,657. Hartzell proposed that either Franell
or Tuneberg write up the rational presented. Jackson asked if council needed to endorse the
numbers presented. Franell answered that council needs to adopt what staff.does to make~a
permanent record. Hartzell asked what the full percentage was of the TOT. Tuneberg .. '~:-
responded it is 14.23% of the budgeted total TOT revenue for 03-04. Franell stated that they
could come back when the actual figure is available in August and adjust it because the state
law says actual. Tuneberg explained that the dollar number will not change; the $186,657 will
not change. Franell added that the dollar amount will not change but the percentage will
change.
HartzelllHearn mis to forward to council for the report to state to use the $186,657 as
promoting tourism and that staff will present to council the actuals. All Ayes
Consideration of changes to resolution
Jackson spoke to the possibility of changing the resolution. She proposed that they could
change section 3.Hartzell asked if they change the resolution if they would have to change the
application and asked if the applications were sent out. Staff responded that the applications
have not been sent out yet. Jackson wanted to go to council in early March and wants to look
at section 2 differently. Hartzell stated she would like to create a process either annually or
semi annually for what they want from the Chamber, the who, how to leverage services,
programming services, partnering, and local buying. She would like to set services that the
grantees Could apply for in a simpler way. She suggested contract revision. Jackson does not
CiTY OF
-ASHLAND
want to specify in the. resolution what she would want each year from the Chamber, she would
rather refer to it happening but not freeze it in the resolution. Tuneberg stated that the
specificity in the contract will be resolved this year. Hartzell stated that she would prefer the
resolution to be more specific towards a set amount towards tourism, a set percentage towards
cultural development, and a set percentage towards economic development. Hearn agreed.
Hearn asked what the Purpose of the resolution was originally. Hartzell responded that was to
try to get rid of the small vs. big organizations and that it has calmed the process.
Hearn asked if category A in the resolution was tourism promotion. Jackson answered yes it is.
She added that she would like to create flexibility within the resolution to define the needs of
the City. Hearn clarified that it would be instead of section 2. Hartzell would like the language
of the process to determine the function each year. Tuneberg added that they have to
calculate the revenue and then appropriate the grant. Hearn asked if the subcommittee would
need to make a recommendation to Council or only present suggestions. Jackson would like to
go to Council with a recommendation.
Staff and Committee decided to meet again to decide on a recommendation before presenting
to Council. Hearn would like to review history of TOT before next meeting. Morrison will
provide minutes to Hearn. ~ ~ :- . ,-~. ,
Adjournment
The meeting was adjourned at 1:30 PM.
Respectively submitted,
Bryn Morrison _
Administrative Secretary Finance Department
CITY OF
SHLAND
Transient Occupancy Tax
Subcommittee
Draft Minutes
March 11, 2004 12:00pm
.. Siskiyou Room, 51.Winburn Way
Call to Order
The meeting was called to order at 12:08 PM.
Roll Call
Council Present: Cate Hartzell, Chris Hearn, and Kate Jackson
Staff Present: Mike Franell, Lee Tuneberg, and Bryn Morrison
Approval of Minutes
It was determined that the minutes from 2/23/04 still need to be approved. Tuneberg will -
present to council when prepared .... ,
Approval of subcommittee Minutes of February 24, 2004 ~
Minutes on page four, first paragraph, last sentence are revised to read, "Hartzell responded
that was to try to reduce the competition of the small and larger organizations.
HartzelllHearn mis to accept minutes as revised. All Ayes.
Transient Occupancy Tax
Please see attachments:
Hearn presented an email document to council and staff dated 3/11. A document that was
dated 3/6 from OSF and a memo dated 3/11by Mike Franell and Lee Tuneberg were also
presented.
Hearn put on record that he would like to change his previous position on the baseline
percentage. He believes that in HB 2267, that the money that the City spent on welcoming and
tourism promotion is 27.3%.
CITY OF
SHLAND
Consideration of chanRes to current resolution
Jackson believes that the Resolution should first, state what they want to achieve and
secondly, who. It was clarified that the percentage of tourism promotion is out of the 100% of
funds from the revenue of TOT. Hearn believes that welcoming from HB 2267 needs to be
define(J in'the new'ReSOlutiOn. It was determined that the Council needs to express a'baseline
for tourism promotion to abide by the state law and the state law doesn't necessarily have to
be included in the Resolution. Tuneberg suggested that the Resolution include two parts: the
percentage that is for grants (now 33%), and the percentage baseline or minimum for tourism.
Franell cautioned that the 15% might be misleading. Whatever percentage the Council
determines is the baseline for tourism promotion, you would multiply that by 3 and the rest
would be available, for other than tourism promotion. In the case of using 15%, 55% would be
available for other than tourism.
It was determined by the subcommittee to present the following to council in a study session
for the council meeting on April 6:
Hartzell/Jackson mis to recommend the following items to council. Hearn~apposed.
Section 1'
Retain
Section 3, revised to be Section 2:
Would include the following goals:
1. Promotion of Tourism
2. Economic Development and include categories A, C, D, and E from Section 3
of Resolution 2000-25.
3. Cultural Development
Section 2, revised to be Section 3:
Retain first sentence and last three sentences.
Add a sentence related to the percent going to tourism promotion.
Define State Law.
All grantees create a financial report and provide to Finance Department by
January 31 of each year.
CiTY OF
- kSHLAND
Hearn mis adding in section 2 after 60% to Chamber of Commerce for use by VCB per in
tourism promotion, and 28% for OSF. These funds will be considered tourism promotion.
Hearn stated he would keep the allocations as they are in the Resolution as he sees in
accordance with the state law. Motion failed due to lack of second.
Hartzel[/Jackson m/s"to ask coUncil to let the subcommittee continue to Io0k at econOmic
development process and the targets for the TOT funds, non-tourism related. All Ayes.
Grant Process
It was determined to not mail the grant applications until after the study session in April.
Adjournment
The meeting was adjourned at 2:00 PM.
Respectively submitted,
Bryn Morrison, Administrative Secretary, Finance Department
CITY OF
LAN D
Thursday, April 29, 2004
Minutes
City Council
04/07/2004
These Minutes are preliminary pending approval by Council at the April 20, 2004 City Council
Meeting
ASHLAND CITY COUNCTL STUDY SESSION
Wednesday, April 7, 2004 at :12:00 p.m.
Council Chambers, :1175 East Hain Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 12:00 p.m.
ATTENDANCE
City Council: Kate Jackson, 3ohn Morrison, Alex Amarotico, Chris Hearn and
Don Laws.
Councilor Hartzell arrived at 12:21 p.m.
Staff: City Administrator Gino Grimaldi, Finance Director Lee Tuneberg, Public
Works Director Paula Brown and Management Analyst Ann Seltzer.
I. Update regarding the Public Art Commission.
Ann Seltzer introduced Public Art Commissioners Bruce Bayard, Richard
Benson, Kip Todd, David Wilkerson, and [ngrid ]orgensen.
Engaging the Community:
It was explained that public art can help to beautify the environment,
memorialize and commemorate, unify, focus, revitalize and serve, and please
and challenge. A slide show was presented showing various examples of public
art, including the memorial in Lithia park, the Plaza statue, the arch over
entrance to SOU, a killer whale coming out of sand box located in multi-
housing units, and various other examples around town.
Celebrating Success:
The Public Arts Commission has set various goals and priorities, .including:
funding for the placement of art at the gateway island and Calle Guanajuato,
the completion of a Policies and Procedures Guide, and establishing working
relationships with various organizations and City departments. It was
explained the first draft of the Policies and Procedures Guide has been
http://www.ashland.or.us/PrintContentView.asp?ID= 1639&Agenda=True
4/29/2004
reviewed by City Attorney Paul Nolte, who stated they are off to a great start.
Project One: Calle Guanajuato Stairway
It was explained that the Calle Guanajuato Stairway was a perfect place for
public art. The Commission has been working with the Parks & Recreation
Department as well as landscape architects to establish public art in this
location. The proposed areas where they would be adding art are located at
the overlook at the top of Granite Street, the Sculpture Garden, the Stairway,
and the Gathering Area. The most immediate project is the overlook, and they
.... would then move on .to the sculpture garden. The theme for the artwork is
"The Celebration of Water", and was conceived by the Lithia Arts Guild. Tt was
explained that they would like to use art that would tie into our sister city,
Guanajuato. The Commission will request a call for entries to obtain artwork,
and there will be an established jury that will judge the entries and select the
winner. It was noted they do have some funding in place, however additional
funding is necessary to complete the project. The Public Arts Commission
plans on using this opportunity for funding and awareness to educate the
· community about the Commission.,
Project Two: Boulevard Gateway
The Commissioner noted the importance of the Boulevard Gateway, stating it
is a major focus of the City of Ashland. It is where the Fire Station, the
Library, and the Boulevard all intersect. The Public Arts Commission has
proposed that four areas be set aside for public art in this area: 1) the island,
2) the wall located in front of the Library, 3) the Gateway itself, and 4) the
bump-out at Evo's.
fdaking it Happen
The Commissioners handed out 'fake' money with statements written on them
as a way to demonstrate that there are all kinds of ways to raise funds. Some
of those examples included: local foundations granting seed money to the
Public Arts campaign, silent auctions, City approval of an annual line item in
the city budget for a public arts fund, and 1% allocation of private developers
project costs for the installation of public art at a prominent location.
The Commissioners clarified for Council that public art has become a good way
to memorialize passed family members, and they are solidifying the
acceptance of gifts policy in the Policies and Procedures Guide. They also
clarified they are-developing a master plan as a sort of road map to determine
what types of art pieces should go where.
Council questioned the timeline for the Guanajuato Project. Tt was explained
that the Parks Department received bids a few weeks ago, and a contractor
has not been selected yet. They are anticipating approximately 8 weeks to
complete the structure. The construction will take place first, and the public
art will be the last thing installed. It was noted the Parks Department has left
the overlook unfinished for the Public Arts Commission to complete. In
addition, to complete the projects they still need to assemble a jury for
judging the artwork, assemble the information packet for the interested
parties, 'and complete the fund raising.
Council expressed the need for the Commission to develop their budget
information. The commissioners clarified they will be working on the
Guanajuato Project first, and should have the final Policies and Procedures
http://www.ashland.or.us/PrintContentView.asp?ID= 1639&Agenda=True 4/29/2004
Guide by the end of the year.
[[. Proposed Billings Ranch Gold Course - Effluent Reuse
Options/Update on DEQ WWTP Temperature Standards and Permit
Renewal.
Public Works Director Paula Brown introduced Mike Peru, who is representing
the Billings Golf Course. Mrs. Brown explained that staff continues to pursue
effluent reuse options and "the right water for the right use". She also
explained that the useof treated effluent for golf courses has been a
traditional link for effluent reuse.
Mrs. Brown stated there is a proposal separate to this issue, but they will only
be discussing the effluent reuse option at this time. Mrs. Brown explained the
10 options being discussed for the use of treated effluent for golf course
irrigation. Those options are: 1) Golf course volumes, 2) Creek recharge
option, 3) infrastructure costs, 4) Membrane process, 5) Chemical use, 6)
Water trading opportunities, 7') Effluent Level TV designation, 8) Golf course
compliance, 9) Golf course benefit, and 10) City benefits.
Mrs. Brown explained the city is required to use membrane filters from May
1st through November 30th, which produces Level TV water. The water being
discussed for the Billings Golf Course would need to be Level TV - "unrestricted
use" effluent. Mrs. Brown stated that our ability to provide the golf course the
water they need would not be a problem. Mrs. Brown discussed the option to
"trade water back" to the Ashland Creek, explaining that they have discussed
the possibility of Ashland transferring all of it's summer time flows to the golf
course. The golf course would hold the water in their ponds and use what they
needed, and then release the cooler water from their ponds back into the
creek. This option, however, would need to be approved by the Department of
Environmental Quality (DEQ). Mrs. Brown explained that she is looking out for
the City's fiscal interest with all the options being discussed. Mrs. Brown stated
the City's membrane facility is utilized to remove phosphorus from the water,
however phosphorus for a golf course is a good thing. There is a possibility
that the City could adjust the alum dosage to the membrane facility to allow
the phosphorus to remain in the effluent. This option would also need to be
approved by DEQ. Mrs. Brown explained the process of transferring the
effluent to the golf course would benefit both parties. The golf course would
obtain the water-necessary for their needs, and the City would not have to
worry about the cooling process options now necessary for it's permit renewal.
Mrs. Brown explained that she is seeking Council's approval to continue to
pursue these conceptual ideas.
Council expressed concern with developing a dependence and commitment to
the golf course this far in advance. Mrs. Brown assured the Council she is
looking at all options to address Ashland's needs. Council expressed their
support of continuing to look at effluent reuse options.
Mr. Peru explained that this would work great for everyone and feels this is a
good option to work 'in concert with the city to address the temperature
issues.
Mrs. Brown gave a brief background of the temperature standards and
explained the new standards are required to protect the spawning and
http://www.ashland.or.us/PrintContentView.asp?ID=1639&Agenda=True
4/29/2004
migration of the salmon. Mrs. Brown explained that they have looked at
opportunities for reuse and also looked at riparian opportunities. This plan was
submitted to DEQ approximately a year and a half ago. The plan cited 4
options for cooling the water. Mrs. Brown stated Ashland will most likely end
up using a combination of the water reuse and trading, along with riparian
opportunities. She believes this is acceptable by the DEQ and EPA to look at
more of a holistic view of temperature management throughout the basin.
Ashland's permit is coming due, and now that the temperature requirements
have been passed by the DEQ, Ashland is required to meet those
requirements. Mrs. Brown also stated that the permit will have a Ther. mal Load
Limit, which mea'ns that the City can only disCharge effluent at a certain
temperature. Mrs. Brown explained there is some leniency on the amount for
the first few years as we determine exactly what we can do with the treatment
plant, how to keep the thermal loads down within the plant itself, and how
looking at how the riparian plantings will effect our options. There is a Public
Hearing scheduled for Nay 3, 2004, and the permit conditions should go
before the Environmental Quality Commission later this spring.
Mrs. Brown clarified for the Council the effluent temperature is approximately
72-74 degrees. The new temperature requirements are 64-68 degrees
depending on the time of the year. Mrs. Brown also clarified that Staff will
have a Plan B in case the golf course were to fail.
III. Discussion regarding the allocation of Transient Occupancy Tax
Revenues for Cultural and Economic Grants.
Finance Director Lee Tuneberg explained there was a lot of time spent during
the meetings going through the history of the allocation of the TOT. They have
looked at the activities that have changed, looked at who receives the money,
and what they do with the funds.
Councilor Jackson stated they need to accomplish figuring out the tourism
component as the state defines it, which is a separate issue from changing the
resolution that is currently in place.
Assistant City Attorney Mike Franell submitted a memo included in the packet,
which states that Oregon Law defines a tourist as someone who travels over
50 miles or stays overnight. Mr. Franell explained that part of the difficulty
Staff was having-was that the new State legislation states that the City can
not reduce the percentage of the Transient Occupancy Tax funds that are
being spent on tourism. In addition, Ashland does not have a tracking policy in
place to determine this amount, so we are now having to back track and
determine what of last year's allocations were spent on tourism. Staff is also
proposing that the Council adopted a new resolution that better defines the
new requirements set by the State. IVlr. Franell explained that they have met
with the Chamber of Commerce and the Oregon Shakespeare Festival to
determine what they have spent their funds on, but they do not have an
accurate tracking system either. The committee has struggled with
determining what percentage of last year's allocated funds were being spent
on tourism, but have determined that roughly 31% of the Chambers' budget
was used for tourism promotion.
Councilor Jackson clarified this determination is separate from the resolution
and separate from determining who gets what. The Committee has spent a
great deal of time looking at the Chamber's numbers and have agreed on the
http://www.ashland.or.us/PrintContentView.asp?I D= 1639&Agenda=True 4/29/2004
proportions. Jackson noted that a portion of the Chamber's funds go towards
economic development and not just promoting tourism. 3ackson stated it
became very uncomfortable diving into the details of the Chamber's budget,
and they did not want to make a public discussion of what their budget is. As
chair of the committee, she supports the 3:[% determination.
Councilor Hearn stated he initially agreed with the allocation, however on
subsequent meetings with the Chamber he came to the conclusion that the
accounting data provided could be looked at in a variety of different ways.
Councilor Hartzell noted that the grantees have tried to represent their work
towards whatever is it the City is trying to accomplish. So far, they have only
asked the Shakespeare Festival and the Chamber of Commerce to provide
their figures.
Mr. Tuneberg stated that beyond the math to meet the State requirements,
the resolutions have not well addressed what needs to be accomplished. He
stated that the City would like good outcomes from the money they grant and
they should focus on what they want out of the money, not who should get it.
Then, have those organizations measure and' report their spending.
Mayor DeBoer stated he believes they should use the figure given by the OSF
and Chamber and lock that in for the requirement.
Councilor Laws stated some of the Visitor's Center's funds go toward things
that do not draw people in from over 50 miles, noting the Christmas
promotion.
Councilor Hartzell stated the committee thoroughly discussed the accounting
issues and wants to make sure that any changes that are proposed are done
in a way that works for everyone. She does not want to short change an
organization that was relying on this funding.
Jackson clarified the real purpose of redrafting the resolution was to better
reflect the City's intentions.
Mayor DeBoer noted that this issue will come back to the Council in a Public
Hearing. _
Mr. Tuneberg expressed the need to get the applications out and with that the
applicants will want to know how much money is available. Councilor Hartzell
suggests attaching a cover letter to the applicants explaining the Council was
still in discussion. Mr. Tuneberg feels they need to straighten this out before
they get much further in the process.
Meeting was adjourned at 2:04 p.m.
End of Document - Back to Top
http://www.ashland.or.us/PrintContentView.asp?ID= 1639&Agenda=True
4/29/2004
February 10, 2004
Transient Occupancy Tax Committee
Ashland City Council
City of Ashland
Ashland, OR 97520
OlOregn
Shakespeare
Festival ,.o. ox,,8
~5 South Pioneer Street
Ashland, OR 97520
54~ 482 2m
54~ 482 o4461'~x
54~ 4.82 433~ box of:rice
www. osfashland.org
Dear Committee Members:
Following recent conversations I'm pleased to provide information to assist you in your
deliberations regarding the distribution of hotel/motel tax monies. I confirm that in our last fiscal
year the Oregon Shakespeare Festival received a grant of $108,600 from the Transient
Occupancy Tax. It spent 100% of this grant on tourism promotion to potential patrons outside a
fifty-mile radius of Ashland. As a result of our tourism promotion activities, attendance in 2003
was 381,340, the second best in the Festival's history.
To put the City grant into perspective, I provide the following information regarding our, tourism
promotion expenditures for 2003:
Season brochure (printing and mailing) $ 239,000
Advertising $ 129,000
Travel shows $ $,000
Promotional material $ g,000
Diversity marketing $ 32,000
Web site $ 4,000
Salaries $ 288,000
Total $ 708,000
The $108,600 grant represented 15.3% of our marketing expenditure and 0.54% of the Festival's
total 2003 expenditure of $19,960,000. We calculate that the total economic impact of the
Festival tbr 2003 was $129M.
Should you require further information I would be happy to respond to your request.
Sincerely,
OREGON SHAKESPEARE FESTIVAL
Paul E. Nicholson
Executive Director
' ~a?b~-8~ristensen - Alternate TOT resolution ............................................ Page1
From:
To:
Date:
Subject:
Kate Jackson <KateJackson@opendoor. com>
Council <council@ashland.or. us>
5/3/04 10:52:26 PM
Alternate TOT resolution
Dear colleagues,
Since the Study Session when Council had little time to spend on a
discussion of the TOT grant funds, I have spoken with many of you and
brought more focus to my suggestions.
1. Alternate draft resolution.
2. OSF to receive $110,000 per year for 3 years.
3. Chamber to receive $230,000 per year for 3 years ($80,432 tourism,
$150,000 economic).
4. All grantees more than $4,999 to report on finances and products
annually.
5. Separately from the resolution, Council give direction to staff on
economic projects with Chamber.
Lee Tuneberg has drafted an alternate TOT resolution that reflects some
of these ideas. I believe that we should not drastically alter the
Chamber funds. I am suggesting the OSF receive $110,000 per year for
three years. The Chamber would receive a total of $230,000 for three
years. The Chamber's funds would be divided as $80,432 for tourism
promotion and $150,000 for economic development projects. These
figures are slightly lower than last year and will provide a more
significant increase in other grants, because those dollars have been
so limited before. The precise dollar figure can be decided among us.
The key for me is to have a specific term for fixing the economic
portion of the Chamber grant, so that the Council can revisit the
arrangement soon.
It is important to closely track the use and success of grants funds.
I would suggest a floor of $4,999 above which recipients would be
required to produce an annual report with financial accounting and
demonstrating the product achieved with the funds.
With the City intending to take a more active role with the OSF and the
Chamber, I propose the following criteria for use of funds:
1) Move to a different marketing image in all Chamber and OSF
publications: safe and family-friendly community, great schools, great
parks, beautiful place to live and work, variety of cultural amenities,
many outdoor recreation opportunities. De-emphasize retirement.
2) Chamber to collaborate with each year's small grantees on services:
eg free web links, free or reduced course offerings, advertising
assistance (brochures in booth and office, other publicity). To be
worked out in detail after grantees selected and express interest.
3) Develop strategies for two or more non-tourism business sectors
appropriate to our existing business types: medical, food products,
visual arts, publishing, AFN, research associated with University...
~,"Barbara christensen - Alternate TOT res°i-U~i~n ............................................... 15age 2
4) Analyze effectiveness of advertising programs. Look for cost
savings potential. Keep in mind whether tourism in being adequately
supported, since the hotel tax supports the General Fund as well as the
grant program.
5) With small grants, give closer consideration to programs that
provide fresh ideas in economic and cultural benefit: buy local
program, visual arts, birding tourism ....
For the TOT subcommittee, Lee Tuneberg prepared a table of this year's
grants showing the type of use under the six criteria in the current
ordinance. I will ask Bryn to provide copies of this table and this
memo for the meeting Tuesday.
Thanks, and see you soon.
Sincerely,
Kate
Kate Jackson
Ashland City Councilor
20 East Main Street
Ashland OR 97520
541-482-2612
katejackson@opendoor, com
CC: Lee tuneberg <tuneberl@ashland.or. us>, bryn morrison <morrisb@ashland.or. us>
' '9~'?l:;~ra'-Cii'~:i-stensen- tot 0504.dOc .......................................................................... page 'i
MEMO
From: Cate Hartzell
May 4, 2004
RE: TOT Ordinance changes
2004-2005 Amounts
2005 Proposed TOT income: $1,338,240
33.3% for Econ& Cult Devel grants $ 441,619
14.23% committed to tourism promotion $ 190,431
Not constrained by State in 33.3% $ 251,188
Allocations within Tourism Promotion
Kate's Cate's Other 1 Other 2
OSF 110,000 108,000
Chamber of Commerce 80,431 74,188
Chamber of Commerce for 0 8,243
services to other grantees * (10%)
Total $190,431 $190, 431
* Non-fee links on Chamber website, inclusion in promotional materials, technical assistance
as identified, etc.
Allocations to Economic Development
Chamber of Commerce $150,000
Free bus program $ 20,000
Economic and Cultural Development grants $ 65,000
Economic development activities that are decided by the City Council in $ 16,188
cooperation with the Chamber of Commerce and Southern Oregon
Economic Development Coalition, and Southern Oregon Women's Access
to Credit
Legal issues and reporting requirements
I suggest the following:
l)
That City Council continue the work of the subcommittee staffto propose
administrative changes for implementing reporting requirements, collaboration
strategies and leveraging TOT money.
2) Clarify why we require all grantees (except the Chamber of Commerce) to be non-
profits, and apply those same standards to the Chamber. In at least two cases in the
recent past, the subcommittee has withheld money from small grant applicants
because they did not meet the Section 4 a) requirement. I am told that the Chamber is
not a non-profit.
3) Adopt Kate's suggestion about reporting requirements that tier to the amount
received. I suggest that the $5,000-15,000 have a lesser reporting level that those
4)
grants that are over $15,000, certainly once it gets to $50,000 we should be seeing
detail in line items.
Obtain from Chamber of Commerce the equivalent of 990 forms, audits and/or tax
returns, information responding to Living Wage ordinance requirements.
Require OSF to include budget details, and report on how their 40% personnel costs
comply with Living Wage Ordinance.
Other recommendations:
1) Establish a TOT ending fund balance policy that designates a reserve that a
percentage of the amount above the annual budgeted estimate be maintained as a
buffer for years with decreased revenues.
2) Eliminate Section 4 c) and e); it's not useful
Other
I proposed an allocation specific to Economic Development through collaboration in part
from a concern that we are not putting in place a mechanism whereby the City develops
economic development priorities and designates some of the money reallocated through
this process for that specific purpose, as opposed to seeing what grantees propose, lfthe
money goes towards Cultural Development this year, pulling it back towards Economic
Development will likely prompt a response from grantees.
As funding becomes tighter, it seems appropriate to:
a) account for the non-capital benefits (eg. banners that OSF hangs throughout
downtown).
b) Leverage dollars as far as they will go through intentional cooperation and
collaboration
CITY OF
,-ASHLAND
Council Communication
· Title:
Dept:
Date:
Submitted By:
Approved By:
SynOpsis:
An Ordinance Amending the Definition of Gross Revenues to Exclude Revenue
from Cable Modems under the Telecommunications Chapter of the Ashland
Municipal Code
Legal Department
May 4, 2004 ~r~
~,'x..~ Paul Nolte~ _-
Gino Grimaldi
Telecommunication providers within the public fights of way are now required to pay a 5% franchise fee
on all telecommunication gross revenues generated within the city. This ordinance amends section
16.04.040.L of the Ashland Municipal Code to remove cable modem fees from the calculation of gross
revenue.
Recommendations:
Adopt the amendment.
Fiscal Impact:
Since the inception of AFN, one of the two telecommunication providers receiving revenue generated by
cable modems, approximately $185,000 have been paid to the city as a result of this fee. The fee raises
approximately $50,000 per year. The city would no longer receive this fee from AFN if the amendment
is adopted.
The other provider is Charter Cable Television who has never paid the fee citing federal law preemption.
Charter owes approximately $250,000 for fees never paid but an exact figure is not possible as Charter
refuses to report any revenues generated by cable modem. Charter would no longer be required to pay
the fee, which is estimated to be approximately $50,000 per year if Charter complied with the ordinance,
for revenues generated after June 2004. This amendment does not forgive any fees Charter has failed to
pay prior to July 2004.
Background:
The provision of cable modem services is a telecommunication service under the city's
telecommunication code (Title 16 of the Ashland Municipal Code). AFN was granted a
telecommunications franchise in 1999 and has paid all fees due under the franchise.
GSlegal\Office\ORD\T~telecomm cable modem amendment 3-04cc.wpd
Charter has refused to obtain a telecommunications franchise for cable modem services and refuses to
pay a franchise fee for such service under its cable television franchise. The issue of cable modem
services under the 1996 Federal Telecommunications Act is the subject of much litigation at the federal
level. The FCC adopted a regulation in 2002 defining cable modem service as an information service,
not a cable service or a telecommunication service. (Under its cable franchise Charter is required to pay
5% of gross revenue derived from cable services.)
AFN's compliance with the city's code for the payment of franchise fees on cable modem fees puts it at
a competitive disadvantage in light of Charter's refusal to comply. This amendment will level the
playing field until the litigation over these issues is resolved at the federal level.
Attachments:
An Ordinance Amending the Definition of Gross Revenues to Exclude Revenue from Cable Modems
under the Telecommunications Chapter of the Ashland Municipal Code
2- G:\leg~l\Office\ORD\'lStelecomm cable modem amendment 3-04cc.wpd
ORDINANCE NO.
AN ORDINANCE AMENDING THE DEFINITION OF
GROSS REVENUES TO EXCLUDE REVENUE FROM
CABLE MODEMS UNDER THE TELECOMMUNICATIONS
CHAPTER OF THE ASHLAND MUNICIPAL CODE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
IAnnotated to show deletions and additions to the code sections being modified.
Deletions are t~ and additions are underlined.
SECTION 1. Section 16.04.040.L of the Ashland Municipal Code is amended to read:
L. Gross Revenue. Except for a telecommunications utility, gross revenue means
gross revenue derived by grantee from the provision of telecommunications
services originating or terminating in the city on facilities covered by the
franchise. After July 1,2004, gross revenues shall not include any revenue
derived from cable modem services. For the purposes of this definition net
uncollectibles from revenue included in gross revenues may be excluded from
gross revenues. For a telecommunications utility, gross revenue means those
revenues dedved from exchange access services, as defined in ORS 401.710,
less net uncollectibles from such revenues.
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 ADOPTED this
day of
,2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of ,2004.
Alan W. DeBoer, Mayor
CiTY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted by:
Approved by:
Approved by:
An Ordinance Creating a Prohibition Against Public Nudity
Ashland Police
May 4, 2004
Michael Bianca, Chief of Police
Michael Franell, Assistant City Atto]fi/j~
Gino Grimaldi, City Administrator
Synopsis: _-
Police department requests a city ordinance to address uncivil behavior occurring in past summers o£
adult persons going without clothes in public areas of town.
Recommendation:
Adopt first reading by title only of the ordinance.
Fiscal Impact:
Violators could be fined up to $250 in Ashland Municipal Court.
Background:
No state law specifically bans public nudity. Situations of naked people in public are generally awkward
for police to address but become problematic when the person is not intoxicated, delusional or violent.
Such behavior is very upsetting to community sensibilities. Ordinance gives authority for police to stop
and detain violators and to give a lawful order to 'cover up'.
Attachments:
Proposed Ordinance.
ORDINANCE NO.
AN ORDINANCE CREATING A PROHIBITION
AGAINST PUBLIC NUDITY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
IAnnotated to show (leletiec, s and additions to the code sections being modified.
Deletions are licte6~4:~reugh and additions are in bold.
SECTION 1. A new section 10.44.012 of the Ashland Municipal Code is adopted to
read:
10.44.012 Public Nudity.
It is unlawful for any person to expose his or her genitalia while in a
public place or place visible from a public place, if the public place is
open or available to persons of the opposite sex. This provision is
not intended to apply to a person who is prepubescent or who. has
taken steps to create an envelope of privacy upon their own property
and the nudity occurs within that envelope.
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 ADOPTED this
day of .,2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
__day of ,2004.
ewed as tolform:
Paul Nolte, City Attorney
Alan W. DeBoer, Mayor
C:\DOCUME-l\stephens\LOCALS-l\Temp\Public Nudity.doc Page - 1
CITY OF
-ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Resolution Establishing the City of Ashland as a partner in the CRies for Climate
Protection Campaign
Electric & Telecommunication
May 4, 2004
Dick Wandersch~t
Paul Nolte~ (////
Gino Grimaldi
The City's Conservation Commission has been approached by a group of citizens
fi:om the local faith community about becoming a partner in the CRies for Climate
Protection Campaign, sponsored by the IntemationalCouncil for Local Initiative
(ICLEI). The Commission and staffhave researched the costs and benefits of this
partnership and are proposing using Southern Oregon University graduate students to
accomplish the tasks necessary to implement this program.
Staff recommends the Council adopted the attached resolution and directed staffto
begin implementing the program tasks, in partnership with the SOU Environmental
Education Program and the City's Conservation Commission.
A $600 fee to access ICLEI software and program materials would be funded fi:om
the Conservation Commission's FY03-04 budget. Also, Conservation staffwould
coordinate the work with the Commission and SOU graduate students. Maximum
stafftime should not exceed 20 hours for phase I of the program.
In December 2003, local representatives of the Ashland Faith community approached
the City's Conservation Commission with the idea of the City becoming a partner in
the Cities for Climate protection program. These citizens wanted to be involved both
with initial program development and later with implementation. The Commission
directed staff to research what was entailed to develop this program. It was
determined City participation would require adopting a Resolution agreeing to
implement the five milestone included in the program.
These steps are:
1) Conduct a local emissions inventory and forecast of greenhouse gas emissions
2) Adopt an emissions reduction target
3) Draft an action plan
4) Implement the action plan
5) Evaluate and report on the progress
Electric/Telecommunication Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
Staff informed the Commission and the citizens making the request, existing
Conservation staff would not be able to spend much time on this project and therefore
implementation of all steps would take a considerable length of time.
At the next Commission meeting, at the request of the citizens, SOU professors Greg
Jones and Eric Ditmer, attended the meeting offering SOU Environmental Education
Graduate Students and their capstone projects as a way to speed up implementation of
the steps.
In early April, staff attended the initial SOU spring term class of these students and
explained what Phase I of the project would entail. Three students fi:om the class
agreed to choose this as their project and have been working with City Conservation
Staffto begin the data gathering needed to conduct the local emissions inventory
phase of the project.
There is an initial $600 fee payable to ICLEI that provides forms for collecting data
and software for conducting the emissions inventory as well as determining co-
benefits, cost savings and criteria for our pollution prevention. Also sample action
plans prepared by other participating cities are available to participating jurisdictions.
The Conservation Commission agreed on April 28th to fund this $600 out of this
year's Commission budget.
The list provided by ICLEI showed that 146 cities are participating in this program.
This list and other explanation documents fi:om ICLEI have been included with this
communication.
Discussion with SOU students and their professors indicated that each phase of the
programs could potentially use a different set of students to work on that phase.
Right now, it is expected that Phase I would be completed by the three volunteering
students this spring. Subsequent classes would work on the other phases.
Staff feels this is a worthwhile program, which can be achieved over the next year or
so with the help of the SOU graduate students. Many of the action items will
probably involve existing City Conservation programs and this initiative would allow
another opportunity to emphasize and market those programs. Because the local faith
community has committed to reach out to other local congregations and service
organizations, the City will have a new way to spread the word about the City's
efforts encouraging the wise use of resources.
Electric/Telecommunication Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
RESOLUTION NO. 2004-
A RESOLUTION ESTABLISHING THE CITY OF ASHLAND
AS A PARTNER IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN,
SPONSORED BY THE INTERNATIONAL COUNCIL FOR LOCAL
ENVIRONMENTAL INTIATIVES (ICLEI).
Recitals:
A. A scientific consensus has developed that carbon dioxide (CO2) and other greenhouse gases
released into the atmosphere have a profound effect on the Earth's Climate, and
B. The National Academy of Sciences (NAS) reviewed and confirmed the consensus of the
environment and public health communities and declared global warming a real problem to
vulnerable populations, and
C. Local Governments significantly influence the Communities energy use by exercising key
powers over land use, transportation, construction, waste management, and energy supply and
management.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland commits to participate in the Cities for climate Protection
Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about
the causes and impales of climate change.
SECTION 2. The City of Ashland will undertake the Cities for Climate Protection program five
milestones to reduce both greenhouse gas and air pollution throughout the community, and also
requests assistance from the International Council for Local Environmental Initiatives (ICLEI) Cities
for Climate Protection Campaign to accomplish the milestones.
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 and duly
PASSED and ADOPTED this day of ,2004.
Barbara Christensen, City Recorder
SIGNED AN APPROVED THIS
DAY OF ., 2004.
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
Date:
To:
From:'
Re:
December i0, 2003
Conservation Commission, City of Ashland
Global Warming Task Force of Ashland Congregational United Church of Christ, et al
CITIES FOR CLIMATE PROTECTION
A Global Warming Forum to which the Ashland community was invited was sponsored by the
above committee and co-sponsored by Oregon Interfaith Global Wanning Campaign (see
attachment A). Well over forty people attended; and fffieen attended the followup discussion two
weeks later. Many worthwhile recommendations were made, and at the core was seen the need
to conduct a loCal emissions inventory in order to forecast greenhouse gas emissions with
present practices and have a basis for adopting an emissions reduction target.
This congregation (since 1888) has voted to undertake the renovation of its "public use" buildin~
(built in 1926), and one of the first steps was the energy audit conducted by the City of Ashland
this fall in order to know where to make the necessary' changes for our part_ .in improving energy
efficiency. This is part of our mission to educate for earth stewardship.
P_ro.p_O.~S~ That Ashland become a City for Climate Protection.
In the process of coordinating the above, we learned of a way that the City of Ashland can
participate in a campaign with the potential of international impact (see attachments B & C).
Note that Portland, Multnomah County, and Corvallis are the only jurisdictions in our state that
are participating so far. We also learned that Mayor DeBoer signed the"'U. S. Mayors' Statement
'on Global Warming 2003" (see attachment D).
We are aware and grateful to you all that our City is focused on conservation and are cognizant of
stafftime required in various areas (see Q&A at bottom ofp. 1, attachment B). Note that
technical assistance is available when committing to achieving the CCP 5 Milestones listed
thereom Our forum speaker from SOU has.stated that both the Geography and Environmental
Studies programs have student intern(s) that could do the research for local emissions inventory
on this project that is "sure will be a valuable experience for both the student and the city." A
sample job description and tips on finding and working with an intern and technical assistance to
the intern are available from the' International Council for Local Environmental Initiatives (ICLEI)
,Cities for Climate Protection Campaign (CCP) once you have made the commitment:
To thai end, we urge you of the Conservation Commission to submit the following
resolution, or one of your own making, to the City Council for action.
How We Will Support You
For our part, we plan to contact other local congregations and service organizations, inviting
them to consider co-sponsoring an educational brochure to be distributed to the community that ·
urges a personal commitment to lower emmissions--for the sake of our grandchildren, Granted,
this may seem an overwhelming prospect to many, yet a simple 1-2-3 Program outlined with some
understandable statistics in such form can make a difference (see attachment E). We anticipate
this effort early in 2004 and invite the City of Ashland's co-sponsorship. ~io t~03
WHEREAS, a scientific consensus has developed that Carbon Dioxide (CO2) and
other greenhouse gases (ghg) released into the atmosphere have a profound effect on
'the Earth's climate; and
WHEREAS, scientific evidence including the Third Assessment Report fi.om the
International Panel on Climate Change ([PCC) and the U.S. Global Change Research..
Program's (USGCRP) First National Assessment indicate that global warming has
begun, with the 1990's the honest decade in recorded history; and
WHEREAS, more than 160 countries pledged under the United Nations Framework
Convention on Climate Change to reduce its greenhouse gas emissions; and
WHEREAS~ in 200 l at the request of the Administration, the National Academy~of
Sciences (NAS) reviewed and confu'med the con, ems of the environment and public
health communities arid declared global warming a real problem impacting key
vulnerable populations. The NAS report also confirmed that global wanning is
caused/n part by the actions of humankind; and
WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts
for more than 80% of U.S. greenhouse gas emissions; and
wHEREAs, local governments significantly influence the community's energy usage
by exercising key powers over land use, transportation, construction, waste
management, and energy supply and management; and
WHEREAS, local government actions taken to reduce greenhouse'gas emissions and
· increase energy efficiency provide multiple local benefits by decreasing air
pollution, creating jobs, reducing energy expenditures, and saving money for the
local government, its businesses and its residents; and
~, the Cities for Climate Protection Campaign, sponsored by the
International Council for Local Environmental Initiatives (ICLEI), has invited the
City of Ashland, Oregon, to become a partner in .the Campaign;
NOW Tr~ERF_.~ORE, BE IT RESOLVED that the City of Ashland commits to .'
participate in the Cities for ClimateProtecfion Campaign and, as a participant,
pledges to take a leadership role in promoting public awareness about the causes and
impacts of climate change. The City of Ashland will undertake the Cities for
Climate Protection program 5 milestone~ to reduce both greenhouse gas and air
pollution emi~ions throughout the community, specifically:
... conduct a greenhouse gas (ghg) emissions inventory and forecast to determine the-
source and quantity ofghg emissions in the jurisdiction;
... establish a greerihofi~e gas emissions reduction target; .......
... develop an action plan with both existing and future actions which when
implemented will meet the local ~eenhouse ~_as reduction target;
... implement the fiction plan; and
... monitor'to review progress; and
BE IT FINALLY RESOLVED, that the City of Ashland requests assistance fi.om the
International Council for Local Environmental Initiatives (ICLEI) Cities for Climate
Protection Campaign (CCP) as it progresses through the milestones.
Susan Ode
Outreach Director
International Council for Local Environmental Initiatives
ICLEI's Cities I'o~' Climate Protection Campaign
15 Shattuck Square Suite 215
Berkeley, California 94704
510.54043843 ext 311 Telephone
510.540-4787 Fax
ICLEI's Cities for Climate Protection® CCP
Frequently Asked Questions
What is ICLEI?
The International Council for Local Environmental Initiatives is an international
membership association of local governments dedicated to addressing environmental
problems through
· local actions.
What is the Cities for Climate Protection Campaign®?
Cities for Climate Protection (CCP) Campaign® is an ICLEI program that engages cities,
towns, and counties in reducing the pollution that causes global warming. The CCP
began in 1993.
HoTM many cities, towns, and counties participate?
More than 140 cities, towns, and counties in the United States and ov_&r 550 worldwide
participate in the Cities for Climate Protection Campaign.
· How does a jurisdiction participate in the CCP?
Any city, county, or town can participate in the CCP by adopting a resolution or making'
an executive proclamation, committing to achieving the CCP 5 Milestones.
· What do participating jurisdictions do?
Participants in the CCP commit to reduce local emissions fl~at contribute, to global
warming.
The process is not linear and consists of working through five CCP Milestones:
1) Conduct a local emissions inventory and forecast of greenhouse gas emissions
2) Adopt an emissiOns reduction target
3) Draft an action plan to achieve the target
4) Implement the actiOn plan
5) Evaluate and report/an progress
How do jurisdictions benefit from CCP7
Jurisdictions in the CCP reduce global warming pollution, cut traffic, save tax dollars,
clean the air, and improve quality of life in their communities.
CCP participants have access to a national and worldwide network of local governments
that act to protect the climate through innovative and proven projects.
ICLEI develops and provides case studies, training workshops, publications and other
learning opportunities.
ICLEI staff assists with the emissions inventory and connects jurisdi.ctions with state,
regional and federal government and other resources.
How much stafftime does the CCP require?
A staff liaison to the CCP from Energy, Planning, Public Works or other department.
integrates CCP work with ongoing department activity. The time requirement varies
depending on the size and complexity of the local government, the pace at which the
community opts to address the milestones, and involvement from community members.
What technical assistance is available?
Most CCP jurisdictions address Campaign milestones with internal staff along with the
assistance ofCCP-US staff. Other options:
Hire or work with a local student intern to assist with the emissions inventory and action
plan development. ICLEI provides a sample job description as well as tips on finding and
working with an intern and technical assistance to the intern.
Hire a local consultant energy or environment expert.
How do local governments inventory emission?
Collect relevant data on local .transportation, waste, and energy consumption. ICLEI
provides forms for collecting data and sof~ware for conducting the emissions inventory.
The sol,rare computes emissions numbers as well as co-benefits such as-cost Savings
and criteria air pollution prevention. The inventory establishes a GHG baseline.
How do jurisdictions develop emissions reduction plans? _:
Cities and counties follow the CCP Toolkit through the CCP Milestoni~ process, The
Toolkit helps participants identify emissions reduction ideas and strategies. Sample
action plans prepared by other CCP local governments are available from ICLEI and are
available to participating jurisdictions on the web.
HOW do jurisdictions implement Local Action Plans?
The Local Action Plan helps a city or county design a local strategy based on the results
of the emissions inventory with a focus on action. Each CCP local government uses the
Local Action Pl/m to implement pollution cutting measures, quantify benefits of the
actions, and track success in meeting targets.
How much does CCP cost?
Thc CCP is free and does not require being a member oflCLEI. Membership in ICLEI is
also available and provides discounts on publications, events and sof~ware.
How can a jurisdiction join ICLEI?
ICLEI members pays an annual fee based on population. Members are invited to. attend
worldwide forums, receive discounts on workshop and other fees, have access to all
ICLEI resources and programs, and participate in ICLEI's organizational structure.
iCLEI CRies for Climate Protection-U.S.
15 Shattuck Square, Suite 215 * Berkeley, CA 947134
· phone 510.540.8843 * fax 510.540.4787 * email iclei_usa~iclei.org
Learn more about ICLEI and the Cities for Climate Protection Campaign:
Visi't
HYPERLINK htt p://www.iclei, org/us
www. iclei, org/us
or call 510.540.8843.