HomeMy WebLinkAbout2006-0606 Council Mtg Packet
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 closed. 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.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 6, 2006
Civic Center Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES [5 minutes
]
1. Regular Council meeting minutes of May 16, 2006
2. Regular Council meeting minutes of May 18, 2006 (continuation of May 16 meeting)
V. SPECIAL PRESENTATIONS & AWARDS
1. Mayor’s Proclamation of June 12, 2006 as “Soroptimist International of Ashland Day”
[5 Minutes]
[5 Minutes]
2. Mayor’s approval of the US Mayors Climate Protection Agreement
VI. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
VII. PUBLIC HEARINGS (unless it is the subject of a
Testimony limited to 5 minutes per speaker,
Land Use Appeal
. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.040})
[20 Minutes]
1. Public Hearing to Consider Adopting the Annual Budget
VIII. 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
[15 minutes maximum]
on the number of individuals wishing to speak.)
IX. UNFINISHED BUSINESS
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
X. NEW AND MISCELLANEOUS BUSINESS
[45 Minutes]
1. RVTD Contract and Route 5 Costs
[10 Minutes]
2. Appointment of Council Position #1
3. Approval of Architect Selection and Agreement for Fire Station No. 2 Construction
[20 Minutes]
[20 Minutes]
4. Adoption of Finding Regarding the Formation of the Nevada Street LID
5. Review of Initiated Measure-Amends Chapter Requiring Voter Approval of Property
[10 Minutes]
Transfer Tax
6. Adoption of Findings for Planning Action 2004-141 – Annexation and Zone Change for an
approximately 10-acre parcel located on the east side of Clay Street, north of Ashland
[20 Minutes]
Street, at 380 Clay Street
[20 Minutes]
7. Purchase of Environmentally Preferred Power form BPA
8. Raw Waterline Replacement Contract & Brown & Caldwell Engineering Services Contract
[15 Minutes]
Amendment Approval
[15 Minutes]
9. Debt Service Scenarios for the City
XI. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Reading by title only of, “A Resolution adopting the Annual Budget and making
appropriations”
2. Reading in full of an ordinance titled, “An Ordinance levying taxes for the period of July 1,
2006 to and including June 30, 2007, such taxes in the sum of $9,797,262 upon all the
real and personal property subject to assessment and levy within the coporate limits of the
City of Ashland, Jackson County, Oregon”
3. Reading by title only of, “A Resolution certifying City provides sufficient Municipal services
to qualify for State subventions”
4. Reading by title only of, “A Resolution declaring the City’s election to receive State
revenues”
5. Second Reading by title only of, “An Ordinance Amending the Ashland Municipal Code
relating to Business License amending Chapter 6.04 Sections 6.04.080, 6.04.090,
6.04.120 and 6.04.130”
6. Reading by title only of, “A Resolution amending Resolution 1993-39 and Resolution
2005-46”
XII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
XIII. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (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).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
ASHLAND CITY COUNCIL MEETiNG
MAY /6,2006
PAGE I of 10
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 16,2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Silbiger and Chapman were present. Councilor Jackson arrived at 7:05 p.m.
Councilor Hartzell arrived at 7:55 p.m.
APPROVAL OF MINUTES
The Regular Council Meeting Minutes of May 2, 2006 were approved with the following amendment to page
I under Consent Agenda discussion, "It was clarified that a list of how long appointed members have served
is included in the packet materials and the process used by the Mayor is unchanged to what was used
before".
SPECIAL PRESENTATIONS & AWARDS
Mayor's proclamation of May 21-27,2006 as "National Historic Preservation Week" was read aloud.
Mayor Morrison noted the 2006 Ragland Award was presented to Melissa Mitchell Hooge prior to the
Council Meeting.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Liquor License Application - Helena Darling Catering.
3. APpointment to Audit Committee.
4. Appointment to Ashland Community Healthcare Services Board of Directors.
5. Approval of Public Contract Greater than $75,000 -1/10 Primary Aluminum Wire.
6. Report on Plaza repairs.
7. Confirmation of Mayor's appointment of Ronald Goodpastor as Interim Police Chief.
Councilor Silbiger requested Item #3 be pulled; Councilor Jackson request Item #4 be pulled; and Councilor
Hardesty requested Item #7 be pulled from the Consent Agenda.
Councilor Amarotico/Chapman mls to approve Consent Agenda Items #1, #2, #5, and #6. Voice Vote:
all AYES. Motion Passed.
Mayor Morrison noted that Councilor Hartzell would be arriving late and moved Item #7 to New and
Miscellaneous Business so that she could participate in the discussion.
Councilor Silbiger clarified the appointment to the Audit Committee is done by the Council, not the Mayor.
Councilor Silbiger/Jackson mls to appoint Greg Lemhouse to the Audit Committee. DISCUSSION:
Mayor Morrison agreed with Councilor Silbiger and stated that state law dictates this appointment be made by
Council. Voice Vote: All AYES.
Councilor Jackson commented on the process for appointing Hospital Board members. She stated the
ASHLAND CITY COUNCIL MEETING
MAY /6,2006
PAGE 2 of 10
Hospital Board submitted recommendations; however it is the Council's responsibility to select the members
and noted there is criteria listed in the City Charter. She suggested they accept the Board's recommendations,
but asked that they be informed of how many applications the Board considered. Mayor Morrison stated this
information is available from the Hospital Board and clarified the correct process was followed by the Board.
Councilor Jackson/Amarotico m/s to approve the Ashland Community Healthcare Services
recommended appointments. Voice Vote: all AYES. Motion Passed.
PUBLIC HEARINGS
1. Public Hearing and First Reading of a Resolution Authorizing and Ordering Improvements to
Plaza Avenue Under the Plaza Avenue Local Improvement District No. 85.
Public Hearin!! ODen: 7:10 p.m.
Staff ReDort
Assistant City Engineer Jim Olson explained the purpose ofthe public hearing is to consider testimony, both
oral and written, regarding the proposed improvements to Plaza Avenue. He stated that AMC 13.20.020
provides that a Local Improvement District (LID) may be initiated either by written petition from at least 50%
ofthe anticipated assessment district or by the Council. Mr. Olson noted the proposed improvements to Plaza
Avenue would include installation of curbs, gutters, paving, and sidewalks along one side of the street, which
would allow for parking on both sides. The improvements would also include storm drain facilities to address
the runoff. He explained the current decomposed granite surface is susceptible to surface erosion and dust
and needs to be taken care of. It was noted the petition for the LID is included in the packet materials, and is
signed by six property owners (or 37.5% of the proposed assessment district).
Mr. Olson addressed the concerns raised by the residents. Some of the property owners have stated they prefer
the rural atmosphere of the unpaved street, however Mr. Olson stated this is an urban community and the City
cannot afford to maintain this ambiance forever due to environmental and maintenance costs. Other concerns
included a lack of benefit to the property and increased safety concerns. Some residents fear the paved street
would lead to increased traffic speeds, however staffhas found the opposite to be true.
Mr. Olson clarified for Council the right of way width is 40 ft; that Plaza Avenue is mapped as a street, not an
alley; and sidewalks would be installed on one side only.
Those Wishin!! to Provide Testimonv
John Hurd/961 Plaza Avenue/Owns an undeveloped lot within the proposed assessment district
and believes this project would change the character of the alleyway and have a negative impact on his
property value. He stated that asphalt is very hot and will negatively impact the environment. He also stated
that fresh pavement would be an invitation to youngsters to come and try it out.
Inge Christ/1016 Plaza AvenueNoiced her support for the LID and shared her concerns regarding air
pollution, dust, and the potential health risks to residents. She stated the residents on Plaza Avenue have paid
for dust abatement services through a private contractor for many years and stated this money could have been
put towards a permanent solution. She stated the LID would eliminate the dust pollution, installs basic road
and safety measures and would reduce the maintenance costs to the City and property owners.
*Written testimony was submitted into the public record.
Allen Alsing/970 Walker A venue/Owns the property at 1040 Plaza A venue and explained that over the last
40 years the residents have tried many times to obtain the necessary signatures to get this street improved. He
stated that Plaza Avenue is surrounded by paved streets and noted the City's policy to pave all unpaved roads.
Mr. Alsing explained this project would benefit both the residents and the City by reducing dust and
ASHLAND CITY COUNCIL MEETING
MAY 16.2006
PAGE 3 of 10
particulates in the air, cutting down on mud in the wintertime, stopping the erosion of granite and doing away
with the dust oil the homeowners have to put down. He stated he has waited a long time for this project and
asked that the Council proceed with the LID.
Joy Light/980 Park StreetlExplained she was required to sign a no remonstrance agreement when she
received a Conditional Use Permit from the City, and her name appears on the petition for this improvement,
however she is not in favor. She stated the resin spray addresses the dust issue and rain naturally keeps the
dust down. She stated she prefers Plaza Avenue the way it is and stated it provides a cooler atmosphere.
Glenda Feinsmith/998 Plaza A venue/Explained when she first moved in she liked the quaint atmosphere of
the dirt road, however she has since developed eye and breathing issues because of the dust. She
commented on the issue of mud in the wintertime, stated the discomfort ofliving is substantial, and asked that
the road be paved.
John Christ/992 Plaza Avenue/Stated that Plaza Avenue is considered a back road by the residents whose
homes face Park and because of this they have no interest to improve Plaza. He explained it has been difficult
for the proponents of this project to gain the required signatures and requested Council move forward with
forming the LID. He added this would take a step towards the City's goal to eliminate all unpaved streets.
Suzanne Cruce/1030 Park StreetIVoiced her objections to the proposed improvements and stated this
project would decrease her property value and decrease safety. She stated she is against the paving and
sidewalk proposal and urged the Council to complete the study of the LID process and to find a less costly and
environmentally damaging alternative for dust control.
*Written testimony was submitted into the public record.
Steve Eadie/1050 Park Street/Noted the grade difference between his driveway and the alley and expressed
concern about the usability of his access if this is paved. He stated he prefers the dirt road and acknowledged
the dust issue, but feels there are other ways to address this problem aside from paving. He also stated this
would not be a benefit to his property.
*Written testimony was submitted into the public record.
Elaine Gilmartin/1054 Plaza Avenue/Commented on the long-term impacts the improvements would have
on the environment. She stated the main issue with the dirt road is the dust, however the residents have been
able to deal with this on their own and there are alternatives to paving that would solve the problem in a more
thrifty and sustainable way. She stated that paving heats the environment and the fiscal impact of this LID
would be a real burden to some of the property owners.
Jared Cruce/1030 Park Street/Stated this project contradicts the Historic Preservation Proclamation
presented tonight and noted the majority of the residents do not support this LID. He asked that the LID
evaluation be completed and commented on the division this has caused in the neighborhood. Mr. Cruce
stated the improvements would not be financially beneficial to his property and explained that he purchased
his property because of the quaint feel. He stated the. dust affects a small minority of the property owners
however this issue could be solved in other ways and requested the Council not accept this proposal.
Peter Dragula & Patricia Aguinaga/1024 Park Street/Mayor Morrison read aloud the letter submitted to
the Council, which voiced objections to the LID.
Mayor Morrison noted that written testimony was also received from:
Michael & Margaret Gerrard/1060 Park Street/*Written testimony was submitted into the public record.
ASHLAND CITY COUNCIL MEETING
MAY /6,2006
PAGE 4 of 10
Councilor Hartzell arrived at 7:55 p.m.
Peter Berney/l070 Plaza/Stated the alley creates an enormous amount of dust and noted the issue of mud in
the wintertime. Mr. Berney voiced his support for the LID and asked the Council to proceed with this project.
Art BulIock/791 Glendower/Submitted written materials to the Council and explained that he had surveyed
the neighborhood and the information submitted shows the results of that survey. He stated he was able to
contact all of the property owners and 11 of the 16 object to the LID. He explained this constitutes an official
remonstrance and prevents the Council from taking a vote. He stated the owners would like the dust problem
solved, but do not feel this LID is the best way to solve this issue.
Thomas Knudsen/1044 Park StreetlMayor Morrison read aloud the letter submitted to the Council, which
voiced objections to the LID.
*Written testimony was submitted into the public record.
Public Hearin2 Closed: 8:05 p.m.
City Attorney Mike Franell asked to examine the documents submitted by Mr. Bullock.
Mr. Olson clarified the maximum cost per unit is capped at $4,911. In regards to Mr. Eadie's concern, he
clarified the design would match the driveway to the paved street and they would excavate if necessary.
Abstentions. Conflicts of Interest. Ex Parte Contact
Councilor Silbiger, Amarotico, Jackson and Chapman declared site visits.
Councilor Hartzell questioned if coming in late would disallow her participation in this decision. Mr. Franell
stated it might not be necessary to make that determination and requested time to review Mr. Bullock's
documents.
Council Deliberation
Mr. Olson clarified the storm drain systems of the surrounding area for Council. He also commented on the
estimated assessment and clarified that staff estimated high in order to compensate for increasing construction
costs and stated it is impossible to make a precise estimate without a final design.
It was questioned if concrete could be used instead of asphalt. Mr. Olson stated that this has never been done
before and explained concrete would be expensive and difficult to maintain.
Mr. Olson clarified in the event the project costs exceed the estimate, the property owners could not be
assessed an additional 10% because of the cap.
Mr. Franell completed his review of the submitted materials and explained that more than 2/3 ofthe property
owners have objected to the LID and this constitutes a legal remonstrance. He said pursuant to the Ashland
Municipal Code the Council cannot move forward with this LID for at least six months. Mr. Franell provided
an explanation of how he determined this to be an effective remonstrance and suggested the Council move on
to the next agenda item. He also clarified that Ashland Municipal Code 13.20.050(c) allows for a property
owner to remonstrate against the LID, even if they had previously signed an agreement waiving their right to
remonstrate against improvements.
2. Public Hearing Regarding Planning Action 2006-00366 - Annexation, Comprehensive Plan and
Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland
zoning M-l (Industrial) and E-l (Employment for an approximately 8.43 acre parcel located at
ASHLAND CITY COUNCIL MEETING
MAY /6,2006
PAGE 5 of 10
the southern terminus of Jefferson Avenue, immediately north of the railroad tracks and west of
Interstate 5.
Mayor Morrison read aloud the public hearing procedure for land use hearings.
Public Hearin2 Open: 8:40 p.m.
Abstentions. Conllicts of Interest. Ex Parte Contact
Councilor Jackson declared a site visit and stated she was present at the Planning Commission meeting when
this planning action was reviewed.
Councilor Hartzell noted several months ago she had a conservation with former City Administrator Gino
Grimaldi regarding a p~ssible OECDD grant.
It was clarified the Council previously voted to support the City's application on Mr. Bramscher's behalf to
receive grant funds from OECDD.
Mayor Morrison stated he had visited the current location of Brammo Motor Sports and talked with Mr.
Bramscher, however this visit would not affect his ability to remain unbiased.
Staff Report
Interim Community Development Director Bill Molnar explained this is a request for an annexation and zone
change for an approximately 8-acre parcel located off Jefferson Avenue. The property is located within the
City's Urban Growth Boundary and abuts city limits on three sides. Mr. Molnar noted that the
Comprehensive Plan identifies the future zoning of the property as a mix of Industrial (M-l) and Employment
(E-l) districts. In April, the Planning Commission reviewed and granted the Site Review and Physical
Constraints Permit for the creek on the property.
Mr. Molnar explained all city facilities are available, are a logical extension along Jefferson Avenue, and stated
Jefferson would be improved to City street standards. He noted the street width would be reduced
where it crosses the creek and riparian area, and rather that culverting the creek, a bottomless crossing design
would be used. Mr. Molnar stated the Planning Commission found by an 8-to-l vote that the application met
the land use approval criteria for annexation and staff recommends the Council approve the request for
annexation. Mr. Molnar submitted four additional conditions from staff and recommended they be included
if the Council chooses to approve this request.
Mr. Molnar clarified the Applicant considered the proposed changes to the Riparian Ordinance in their
design and are proposing a 20 ft. buffer from the creek bank and a bottomless design for the crossing in order
to maintain the natural creek bed. Mr. Molnar stated the crossing design would withstand a 100-year flood
and noted the Applicant has identified approximately 30 trees to add to the riparian area.
Applicant
Craig Bramscher/7118 IDghway 66/Explained his business is growing rapidly and stated he would like to
keep this business and jobs in Ashland. He stated his business provides a high range of jobs and explained he
is working with Rogue Community College and has utilized State funds in order to train local residents. He
explained his business sales are primarily done over the internet; however they do have customers who come
and visit Ashland. Mr. Bramscher requested Council's approval and stated ifhe cannot get this approved, he
will be forced to move his business out of Ashland and does not want to do this.
Gary Caperna/Batzer Design/Explained that he is part of the design team for this project and stated the
design would alleviate the circulation problems on Jefferson A venue. He added this project seems like an
obvious addition to the City.
ASHLAND CITY COUNCiL MEETiNG
MAY /6.1006
PAGE 601/0
Mr. Bramsher noted he supports the four additional conditions proposed by staff.
Councilor Jackson/Amarotico m/s to extend public hearing to 9:30 p.m.
Those Wishin2 to Provide Testimonv
Aaron Benjamin/740 Emigrant Creek Road/Stated this is a wonderful opportunity for the City to add new
jobs to Ashland and strengthen the City's economic base, but urged the Council to consider the impact this
annexation will have on the City's work force housing inventory.
Paul Kay/1234 Strawberry LaneN oiced his support for this request and stated the technical intelligence of
the community will be benefited from this project. He stated this would be a wonderful asset to the
community and commented on the work habits and work environment of this company. Mr. Kay voiced his
support for the Brammo proposal and stated he sees no reason not to approve it.
Staff Response
Mr. Molnar clarified the zoning allows for a housing overlay, however neither the Applicant nor staff are
proposing an overlay at this time.
Applicant's Rebuttal
Mr. Bramscher stated that the housing issue is a concern for him as well and noted he has employees who
want to move to Ashland. He noted he had considered addressing this on the E 1 portion of the parcel,
however did not want to cause delays in the application process by requesting a residential overlay. Mr.
Bramscher stated this is something he would consider and stated there are other pieces of land he has
considered .acquiring for employee housing. He explained the philosophy of the business and noted they are
exploring an electric version of their vehicle. He stated this business could bring notoriety to Ashland and
noted that GM had recently visited their manufacturing plant.
Public Hearin2 Closed: 9:10 p.m.
Councilor Chapman requested a formal way to evaluate the costlbenefit analysis for annexations; however
stated in this case it is clear this is a benefit to the City.
Councilor HartzeWChapman m/s to approve the request for Annexation, Zone Change and withdrawal
from Jackson County Rural Fire District 5 of an approximately 8.43-acre parcel located at the
southern terminus of J efferson Avenue, immediately north of the railroad tracks and west ofInterstate
5; with the additional conditions proposed by the staff. Roll Call Vote: Councilor Hardesty, Amarotico,
Hartzell, Jackson, Silbiger and Chapman, YES. Motion Passed.
PUBLIC FORUM
Ambuja Rosen/Commented on a possible tethering ordinance and asked that the City adopt an ordinance of
their own.. She provided a recap of what she discussed at the previous Council meetings and shared an
experience she had with a chained animal at Emigrant Lake. She stated that chained dogs are a blight on
Ashland's landscape and explained why she is campaigning for this ordinance.
Bill Emerson/90 Fifth Street/Requested he be given time on a future agenda to discuss the Downtown Plaza
Area Plan and items that were not completed. He stated that only a portion of the design was implemented
and many problems the City now faces regarding the Plaza area are a result of this not being completed.
Mayor Morrison suggested that Mr. Emerson contact him to discuss his request.
ASHLAND CITY COUNCiL MEETiNG
MAY /6,2006
PAGE 7 of 10
Tracy Harding/334 Bridge Street/Commented on the success of the Bike Swap and noted the money raised
would be used for bicycle education. She suggested the Ashland Police Department consider having more
officers on bicycles and commented on the Walking Wednesday program at Walker Elementary.
NEW AND MISCELLANEOUS BUSINESS
1. Interim Police Chief Contract.
Councilor Hardesty stated he would have preferred to have been provided with more information.
Mayor Morrison commented on the process and explained that a selection committee, which included two
councilors, was formed and interviewed the three candidates for interim police chief. He stated the City needs
to have an interim chief in place while the search for the permanent replacement is conducted. Mayor
Morrison explained why Mr. Goodpastor was selected and commented on his experience as a successful
chief and the community-policing program he established in Tigard.
Councilor Hartzell voiced her concern with the lack of clear direction from the Council on where the Police
Department needs to be headed. She requested strong communication on behalf of the Mayor regarding a plan
and a timeline for how to move forward with hiring a permanent police chief and expressed her interest in
participating in this process. She also requested that the Mayor not accept Mr. Goodpastor's offer to assist in
selecting the permanent replacement.
Mayor Morrison clarified that both Councilor Hartzell and Silbiger were part ofthe selection committee, and
stated this process was done openly. He explained why Mr. Goodpastor was the best fit of the three and
requested Councils approval of this appointment. He added the City would have an open process involving
the community for selecting the permanent replacement.
Councilor JacksonlSilbiger m/s to accept the recommendation of the Selection Committee to appoint
Ronald Goodpastor as Interim Police Chief. DISCUSSION: Councilor Hartzell briefly commented on her
request for open communication as this issue moves forward. Mayor Morrison clarified that candidate
resumes are confidential, but are always available for viewing by the Council through the Personnel
Department. Roll Call Vote: Councilor Hardesty, Amarotico, Jackson, Silbiger and Chapman, YES.
Councilor Hartzell, NO. Motion Passed 5-1.
Mr. Tuneberg commented on the items remaining on the agenda and the amount of time left in the meeting.
2. Adoption of Findings for Planning Action 2006-00069 - Rear Y ard Variance for the Property
Located at 758 B Street.
Interim Community Development Director Bill Molnar explained this is the adoption of the fmdings for the
Council's denial of a rear yard variance for the property located at 758 B Street, applicant Philip Lang. He
noted the Public Hearing was held on Apri118, 2006 and additional deliberations on May 2, 2006 where the
Council found the application did not meet the approval criteria for the variance. Staff recommends the
Council adopt the findings are presented.
Councilor Amarotico requested he be allowed to abstain from voting on the Findings, since he did not vote on
the planning action.
Councilor JacksonlSilbiger m/s to allow Councilor Amarotico to abstain from the vote. Voice Vote:
Councilor Jackson, Silbiger and Chapman, YES. Councilor Hardesty, NO. Councilor Hartzell was out
of the room. Motion Passed 3-1.
ASHLAND CITY COUNCIL MEETING
MAY 16.2006
PAGE 8 of 10
Councilor Jackson/Chapman mls to adopt the Findings for Planning Action 2006-00069. Roll Call
Vote: Councilor Hartzell, Jackson, Silbiger and Chapman, YES. Councilor Hardesty, NO. Councilor
Amarotico, Abstained. Motion Passed 4-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading by title only of, "An Ordinance Amending the Ashland Municipal Code Relating to
Business Licenses Amending Chapter 6.04 Sections 6.04.080, 6.04.090, 6.04.120 and 6.04.130".
Administrative Services Director Lee Tuneberg explained this is an update to the ordinance for business
licenses. He requested Council's approval and stated this amendment would provide sufficient funds to cover
the work that is being done and would also provide continuing information on employment statistics.
Mr. Tuneberg clarified the City uses an honor system regarding the employee counts listed by businesses. He
stated the City does not have enough staff to go out and perform audits, however they are considering utilizing
the audit firm to do samplings. He clarified the amendment would help to cover the City's costs of
administering the program and stated the inherent purpose of the program is to regulate business within the
community.
Councilor HartzeW Amarotico mls to approve first reading and move to second reading of ordinance.
Roll Call Vote: Councilor Hardesty, Amarotico, Hartzell, Chapman, Silbiger, YES. Councilor Jackson
was out of the room. Motion Passed 5-0.
2. Reading by title only of, "A Resolution Authorizing the Amendment of the Fire Protection Plans
Review and Inspection Fee Schedule Adopted by Resolution 05-30".
City Attorney Mike Franell explained that in reviewing the codes, staff recognized the current ALUO has the
partition section in a separate section from subdivisions, and staff has brought forward this resolution to add
the review of partition plats as something that a fire review fee can be administered on. Mr. Franell noted a
correction that needed to be made to the proposed resolution, and stated it is missing Section 2, which would
read "This resolution shall be effective upon signing by the Mayor." Staffs recommendation is to adopt the
resolution as amended.
Councilor HartzeWJackson mls to adopt Resolution #2006-09 as amended. Roll Call Vote: Councilor
Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman, YES. Motion Passed 6-0.
3. Authorization to Dispose of Surplus Property in Excess of $10,000.
Administrative Services Director Lee Tuneberg noted this item was postponed at the last Council Meeting
due to time constraints. He explained the requirement that states if the property has a residual value greater
than $10,000, the City Council's authorization is required. Mr. Tuneberg noted the total value of this surplus
property is just under that amount and requested Council's approval to dispose of the surplus property.
Mr. Tuneberg clarified the items listed as "miscellaneous computer equipment" do not have much value and
would require repairs to get them in working order. Several suggestions were made regarding the disposal of
the computer equipment, including donating it to the Senior Program or hurricane stricken areas, or giving it
to a recycling firm in Phoenix.
Councilor JacksonlHartzell mls to approve the disposal of surplus property. Voice Vote: all AYES.
Motion Passed.
1. ALUO 18.68.050 Interpretation.
City Attorney Mike Franell explained this issue arose when a proposed project in the downtown area took
advantage of a peculiarity in the code regarding setbacks. He explained 18.68.050 provides for a special
setback along arterials and divides the arterials into two categories. For the two named arterials (East Main
ASHLAND CITY COUNCIL MEETING
MAY /6,2006
PAGE 9 of 10
Street between City limits and Lithia Way, and Ashland Street between City limits and Siskiyou Boulevard),
there is a setback that is provided from the centerline of the road in which a person cannot build. All the other
arterials fall under a second category and the code states front yards for properties abutting all arterial streets
shall be no less than 20 ft. with the exception of C-1-D district.
Mr. Franell commented on the definition of "front yard" and stated 18.08.420 provides that in the case of an
interior lot, the lot line separating the lot from the street other than an alley is the front yard. A corner lot shall
have one street line considered the front lot line and the narrower street frontage shall be the front lot line
expect when the Staff Advisor determines topographical or access problems make such a designation
impractical. Mr. Franell explained there is the provision for the Staff Advisor to make an exception if they
determine topographical or access problems exist, however the code does not indicate whether the "access
problem" is vehicular or pedestrian. He noted the Transportation System Plan indicates that vehicular access
should be on the lesser traveled road where possible.
Mr. Franell clarified for Council they are not making an interpretation specifically to the parcel mentioned
above; the interpretation would be applicable to all properties that fall under this section of the code. He
commented that LUBA would likely determine there was an intent for using the term "front yard" when
talking about the non-named arterials as this term is not used in the named arterials. Mr. Franell stated ifthe
current language does not accomplish the intent of the Council, they should direct staff to prepare an
ordinance amendment that would accomplish the intent.
Comment was made that the yard facing the arterial should be considered the front yard. Mr. Franell stated
this could be, although the natural reading of the ordinance does not lend itselfto this conclusion. Mr. Franell
noted if an application came in before changes are made, they would have to interpret what the ordinance
currently means. He also clarified for Council that Option 3 listed under potential motions in the Council
Communication would address the issue; however Council would need to clarify whether the interpretation
refers to commercial properties, residential properties, or all properties.
Councilor JacksonIHartzell m1s to extend meeting to 10:30 p.m.
Colin Swales/461 Allison Street/Shared his concern of an application coming through before this issue is
resolved. He commented on the varying sidewalk widths along Lithia Way and how this area is substandard.
Mr. Swales noted the recommendations contained in the Siegel Report regarding Lithia Way and stated it
would be fair to future development projects if this were made clear.
Ron Roth/6950 Old 99 S/Stated the real question is what should happen on the north side of Lithia Way. Mr.
Roth questioned why this language does not apply to old buildings (such as the Post Office) and why the new
Fire Station does not have a 20 ft. setback. He offered his suggestion that Lithia Way should not have a
setback.
John Fields/845 Oak Street/Commented on the difficulty in answering this issue and stated that piece meal
decisions can create conflict and further complicate the issue. He stated the language is better being unclear
and stated this was an irresolvable decision. He stated the Council could make the language consistent, but
does not believe this would satisfy the 1988 Downtown Plan.
Council discussed their options and comment was made voicing support for making an interpretation so this
problem does not arise in the downtown area again. Comment was made noting that modifying the ordinance
would take longer than making an interpretation. Statement was made that following Option 3 would
reinforce the intent of the language until an ordinance change could be made.
III
ASHLAND CITY COUNCIL MEETING
MAY /6.2006
PAGE /Oof/O
Councilor HartzeWAmarotico m/s that the Council interpret ALUO 18.08.420 is referring to
pedestrian access for all properties when the property is on a comer lot with one street being an arterial
and that consistent with downtown designs standards all comer lots in the downtown overlay area
which sit adjacent to an arterial street shall have the front lot line along the arterial street.
DISCUSSION: Councilor Hartzell noted that "and" is included in the motion and feels this effectively
separates the two statements. Roll Call Vote: Councilor Hardesty, Amarotico, Hartzell, and Silbiger, YES.
Councilor Jackson and Chapman, NO. Motion Passed 4-2.
Councilor HartzeWHardesty m/s to continue this meeting to Thursday, May 18, 2006 at 6:00 p.m. to
discuss the Downtown Plan Update and the Request from Councilor Hartzell to discuss the Proposal
for Park Maintenance of School District Playgrounds. DISCUSSION: Councilor Hartzell noted both
items are budget related and would like to address them prior to the Budget Committee meeting. Roll Call
Vote: Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman, YES. Motion Passed.
2. Downtown Plan - Phase 1 Council Update.
Continued to May 18, 2006 Council Meeting.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1. Request from Councilor Hartzell to discuss proposal for Park maintenance of School District
Playgrounds.
Continued to May 18, 2006 Council Meeting.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
April Lucas, Assistant to City Recorder
John W. Morrison, Mayor
CITY COUNCiL CONTINUED MEETING
. M/I Y 18, ::006
PAGE I of3
MINUTES FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
May 18, 2006
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the Continued Council Meeting to order at 6:00 p.m. in the Civic Center Council
Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Jackson, Silbiger and Chapman were present. Councilor Hartzell arrived at
6:05 p.m.
UNFINISHED BUSINESS
1. Downtown Plan - Phase 1 Council Update.
Interim Community Developer Director Bill Molnar explained this item is intended to provide an update on
the consultants work to defme the process and create a work program for the production of a revised
Downtown Plan. Mr. Molnar explained the consultants Crandall & Arambula conducted a workshop, which
had over 200 participants, and utilized the information they received to create a draft scope of work, identify
steps and a preliminary budget, and develop a timeline. He noted that members from the Downtown Planning
Committee were present to discuss possible next steps with Council. .
Mayor Morrison questioned what "agency staff' is referring to on Page 9 of the report. Mr. Molnar stated this
may be an error and stated he would fmd out what this term refers to.
Mr. Molnar clarified a full time employee would need to spend approximately 10 hours a week on the
Downtown Plan, depending on the final scope of work. He noted that additional support staff may also be
needed to organize the meetings and public involvement activities. He also clarified both the Planning and
Public Works staff would need to assist on the Collect and Review Information item.
John StrombergIDowntown Planning Committee/Commented on the history of this process and the
efforts of the Downtown Planning Committee. He noted the committee worked hard to get people involved
and stated they are a self-managed committee. Mr. Stromberg stated they have proved this committee has the
ability to perform some of the necessary staff functions and commented that the community is energized and
interested in this process. He requested that the Council direct the City Administrator to negotiate a contract
with Crandall & Arambula with a start date of September I, 2006 and to get this project started.
Michael DawkinslDowntown Planning Committee/Stated it is incumbent on the Council to make this
their number one priority and commented on the need to look at the Downtown Plan and to become more
proactive.
Larry Medinger/lIS Fork Street/V oiced support for taking on the Downtown Plan at this time. He stated a
new Planning Director will be key to carrying this process through to the end, but does not feel they should
wait to get started. He commented on Lithia Way becoming a "canyon", stated there are a number of
properties that are about to be developed, and recommended underground parking in the downtown area.
Ryan Langemeyer/1700 E. Nevada/Commented on the lack of residents in the downtown area and stated
Crandall & Arambula's plan would address this. He commented on the consultant's 120-day action program
and feels this is the most part of the program. He stated that after the program is done, the consultants would
remain involved to ensure that elements of the plan are implemented. Mr. Langemeyer voiced his support for
CITY COUNCIL CONTINUED MEETING
MA Y /8. 2006
PAGE 2 of3
this project and awarding Crandall & Arambula the contract.
Juli Teitelbaum/237 Almond Street/Owns property and businesses in the downtown area and voiced
support for protecting the downtown by developing a Downtown Plan. Ms. Teitelbaum stated the City would
start to lose tourists if this issue is not addressed and voiced her objections to postponing the development of
the Downtown Plan.
Bryan Holley/324 Liberty Street/Suggested the Chamber of Commerce possibly close the plaza area to
vehicles a few times a year in order to enhance commercial opportunities and commented that civil discourse
is becoming less civil and stated they are ways this plan can work for everyone.
Comment was made voicing appreciation for the efforts of the subcommittee, but noting the current demands
on the budget. Suggestion was made to follow staff's recommendation to stabilize the Planning Department
before taking on this project.
Councilor HartzeWChapman m/s to ask Planning staff to negotiate a contract with Crandall &
Arambula with a potential start date of September 1, 2006 to implement the next phase of the
Downtown Plan. DISCUSSION: Councilor Hardesty suggested including dates in the motion. Comment
was made clarifying potential motions were submitted to Council through an email from John Stromberg
Councilor Hardesty/Hartzell m/s to amend motion to draft a contract with Crandall & Arambula and
bring it to Council for approval at its first meeting in August, 2006; start date for Phase II should be
scheduled as close to September 1, 2006 as the consultant can accommodate. Roll Call Vote: Councilor
Hardesty, Amarotico, Hartzell, and Chapman, YES. Councilor Jackson and Silbiger, NO. Motion
Passed 4-2.
Councilor Hartzell noted her involvement in previous Downtown Plan projects and stated she is not interested
in indicating to the citizens that this Council cannot help staff move forward on things. She stated there is
conflict in the community regarding the downtown and believes the consultant has the capacity to move the
City through this and feels the citizen volunteers can assist.
Councilor Amarotico voiced his support for the Downtown Planning Committee and for Crandall & Arambula
but is not in favor of taking action at this time.
Councilor Silbiger commented that there are other priorities that need to come before this project, including
the hiring of a Planning Director and completion of the Operational Review and AMC review. He stated the
Council made some difficult decisions in setting priorities for this year and voiced support waiting until next
year to take action.
Councilor Hardesty stated the work of the Downtown Planning Committee has demonstrated this can get done
without a lot of work on staff and voiced support for moving forward at this time.
Councilor Jackson stated that this was not the time to revisit Council Goals and stated she is not in favor of
placing this one project ahead of all the other priorities in the Planning Department.
Councilor JacksonlSilbiger m/s to call for the question. Roll Call Vote: Councilor Hardesty, Amarotico,
Jackson, Silbiger and Chapman, YES. Councilor Hartzell, NO. Motion Passed 5-1.
Roll Call Vote on amended motion: Councilor Hardesty, Hartzell and Chapman, YES. Councilor
Amarotico, Jackson and Silbiger, NO. Mayor Morrison, NO. Motion Failed 4-3.
CITY COUNCIL CONTINUED MEETING
AfA Y 18.2006
PAGE 3 of3
Councilor Hartzell commented that the Council has not adopted Council Goals and therefore they have not set
priorities on those goals.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1. Request from Councilor Hartzell to discuss proposal for Park maintenance of School District
Playgrounds.
Item delayed due to time constraints.
ADJOURNMENT: Meeting adjourned at 7:00 p.m.
April Lucas, Assistant to City Recorder
John W. Morrison, Mayor
III
~ US Mayors Climate Protection Agreement
City of Seattle
Greg Nickels, Mayor
How many mayors have signed the Agreement?
As of April 28, 2006, 227 mayors representing over 44 million Americans in 40 states and Washington, D.C.
What does the Agreement do?
Mayors who sign on to the Agreement are making a commitment to reduce greenhouse gas emissions in their own
cities and communities to 7% below 1990 levels by 2012 through actions like increasing energy efficiency,
reducing vehicle miles traveled, maintaining healthy urban forests, reducing sprawl and promoting use of clean,
renewable energy resources. The Agreement also calls for Congress to pass legislation that sets meaningful
timelines and limits on emissions through a flexible, market-based system of tradable allowances among emitting
industries.
What does the USCM Resolution do?
The Resolution endorsed the US Mayors Climate Protection Agreement and urges all mayors to participate. It calls
for a strong partnership between the USCM and the ICLEI Local Governments for Sustainability to help the
growing number of participating cities implement the Agreement, and to track progress. The Resolution also
encourages the federal government to assist cities in sharing best practices on local Climate protection programs.
What's happened since the USCM meeting?
Cities throughout the country are working on climate action measures - from starting greenhouse gas inventories
to implementing measures to reduce global warming pollution. In addition to the US Mayors Climate Protection
. Agreement, there's been a lot of other activity:
. Late in 2005, countries that are part of the Kyoto Accord met in Montreal at the major international
conference on climate change and made a renewed commitment to meeting their targets. There was a lot
of interest by the international community in the US Mayors Climate Protection Agreement.
. Governor Schwarzenegger (R-CA) announced an ambitious target and plan to reduce global warming
pollution in California 11% by 2010,25% by 2020, and 80% by 2050. If California were a country, it would
rank 10th worldwide in greenhouse gas emissions.
. The Northeastern States Regional Greenhouse Gas Initiative (RGGI) agreed to a seven state cap-and-
trade program for greenhouse gas emissions.
. Major business leaders, including several Fortune 500 Companies like GE and DuPont, have made strong
commitments to clean energy and emissions reductions.
Why is this agreement important to mayors?
. They recognize that action on climate change is urgent, as cities throughout the US are already feeling the
impacts of climate change. For instance, more intense and frequent storms and sea level rises are
causing dangerous coastal flooding, and hydroelectric capacity and water supplies are less stable.
. Nine of the ten hottest years on record occurred in the last decade. People turn to their local governments
first for help during droughts, dangerous heat waves, floods, and wildfires.
. Many actions that reduce global warming pollution provide additional benefits that are important to the
quality of life in American cities, including cleaner air, decrea.sed dependence on imported oil and gas,
healthy urban forests and reduced energy bills.
. Mayors know that taking action now reduces the impacts - and costs - of climate change.
. Now is the time for reducing emissions to avoid even more significant global climate disruption. The US is
nearly alone among industrialized countries in lacking a national policy and program on climate protection.
Visit www.seattle.Qov/mavor/climate for more information,
including participation forms, media coverage, and climate resource links.
ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT
WHEREAS, the U.s. Conference of Mayors has previously
adopted strong policy resolutions calling for cities,
communities and the federal government to take actions
to reduce global warming pollution; and
WHEREAS, the Inter-Governmental Panel on Climate
Change (IPCC), the international community's most
respected assemblage of scientists, has found that
climate disruption is a reality and that human
activities are largely responsible for increasing
concentrations of global warming pollution; and
WHEREAS, recent, well-documented impacts of climate
disruption include average global sea level increases
of four to eight inches during the 20th century; a 40.
percent decline in Arctic sea-ice thickness; and nine
of the ten hottest years on record occurring in the
past decade; and
WHEREAS, climate disruption of the magnitude now
predicted by the scientific community will cause
extremely costly disruption of human and natural
systems throughout the world including: increased risk
of floods or droughts; sea-level rises that interact
with coastal storms to erode beaches, inundate land,
and damage structures; more frequent and extreme heat
waves; more frequent and greater concentrations of
smog; and
WHEREAS, on February 16, 2005, the Kyoto Protocol, an
international agreement to address climate disruption,
went into effect in the 141 countries that have
ratified it to date; 38 of those countries are now
legally required to reduce greenhouse gas emissions on
average 5.2 percent below 1990 levels by 2012; and
WHEREAS, the United States of America, with less than
five percent of the world's population, is responsible
for producing approximately 25 percent of the world's
global warming pollutants; and
WHEREAS, the Kyoto Protocol emissions reduction target
for the U.s. would have been 7 percent below 1990
levels by 2012; and
flexible, market-based system of tradable
allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol
targets for reducing global warming pollution by
taking actions in our own operations and
communities such as:
1. Inventory global warming emissions in City
operations and in the community, set reduction
targets and create an action plan.
. 2. Adopt and enforce land-use policies that reduce
sprawl, preserve open space, and create compact,
walkable urban communities;
3. Promote transportation opt~ons such as bicycle
trails, commute trip reduction programs,
incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy
by, for example, investing in "green tags",
advocating for the development of renewable
energy resources, recovering landfill methane
for energy production, and supporting the use of
waste to energy technology;
5. Make energy efficiency a priority through
building code improvements, retrofitting city
facilities with energy efficient lighting and
urging employees to conserve energy and save
money;
6. Purchase only Energy Star equipment and
appliances for City use;
7. Practice and promote sustainable building
practices using the u.S. Green Building
Council1s LEED program or a similar system;
8. Increase the average fuel efficiency of
municipal fleet vehicles; reduce the number of
vehicles; launch an employee education program
including anti-idling messages; convert diesel
vehicles to bio-diesel;
9. Evaluate opportunities to increase pump
efficiency in water and wastewater systems;
recover wastewater treatment methane for energy
production;
10. Increase recycling rates in City operations and
in the community;
11. Maintain healthy urban forests; promote tree
planting to increase shading and to absorb C02;
and
III
US Conference of Mayors Climate Protection Agreement - Signature Page
You have my support for the US Mayors Climate Protection Agreement.
Date:
Mayor:
Signature:
Address:
_ City:
State:
Zip:
Staff Contact Name:
Staff Contact Title:
Staff Phone:
Staff Email:
Please add my comments in support of the US Mayors Climate Protection Agreement.
We will add these to the Website (optional):
Please return completed form at your earliest convenience to:
US Mayors Climate Protection Agreement
BvMail:
c/o City of Seattle
Office of Sustainability and Environment
Seattle Municipal Tower
PO Box 94729
Seattle, WA 98124-4729
Bv Fax: (206) 684-3013
Bv Email: john.mauro@seattle.gov
For more information, please contact John Mauro, Climate Project Analyst at (206) 733-9084, or
Kim Drury, Senior Policy Advisor at (206) 684-3214.
Draft Resolution for U.S. Conference of Mayors
WHEREAS, American over-reliance on foreign oil is a growing and serious threat to the
national security and economic vitality of the United States;
WHEREAS, the United States of America, with less than five percent ofthe world's
population, is responsible for producing approximately 25 percent of the world's global
warming pollutants; and
WHEREAS, petroleum combustion accounts for about 40% of all U.S. C02 emissions.
WHEREAS, oil is only used to generate 2% of American electricity;
WHEREAS, recent, well-documented impacts of climate disruptiQn include average
global sea level increases of four to eight inches during the 20th century; a 40 percent
decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring
in the past decade; and
WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy
resolutions calling for cities, communities and the federal government to take actions to
reduce global warming pollution; and
WHEREAS, the 73rd annual U.S. Conference of Mayors endorsed the U.S. Mayors
Climate Protection Agreement as amended by the meeting and urged mayors from around
the nation to join this effort;
WHEREAS, plug-in hybrid vehicles can dramatically reduce reliance on imported oil
and decrease greenhouse gas emissions and other pollutants generated by vehicles;
WHEREAS, plug-in hybrid technology can accomplish reductions in greenhouse gas
reductions and reliance on oil more quickly than other emerging technologies;
WHEREAS, plug-in hybrids can be manufactured with flexible fuel engines thus
increasing business for American agriculture;
WHEREAS, plug-in hybrid vehicles will also help American citizens and businesses
save on fuel costs
WHEREAS, the City of Austin is leading the Plug-In Partners campaign to encourage
automakers to manufacture flexible fuel plug-in hybrids and to demonstrate a demand for
such vehicles;
WHEREAS, Cities are across America are providing leadership in fighting climate
change;
CITY COUNCIL STUDY SESSION
lvlA Y 11,2006
PAGE I of2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Thursday, May 11,2006 at 5:15 p.m.
Civic Center Council Chambers
1175 East Main Street
Mayor Morrison called the meeting to order at 5:20 p.m.
Councilors Hardesty, Jackson, Silbiger and Chapman were present. Councilor Hartzell arrived at 5:25 p.m.
Councilor Amarotico was absent.
I. AFN Debt Service Alternatives for the City
Administrative Services Director Lee Tuneberg explained the City has $15.5 million outstanding in full faith
and credit bonds for the construction and operation of AFN. He noted the debt has been separated from the
operations of AFN and stated the Council needs to identify a revenue stream to ensure the debt service
payments are made. Mr. Tuneberg stated next years debt service is $866,000 and climbs each year following
until it levels off at $1.43 million. He noted that these are 20 year bonds and the City has 18 years of payments
left.
Mr. Tuneberg commented on the single source and "cafeteria" approaches. He stated the benefit of the single
source approach is that you can see it, is it simple and direct, and easy to document and explain. He added the
cafeteria approach can be beneficial in that it could be tied to multiple services, which would spread out the
impact, and might be considered fairer to the community. Mr. Tuneberg provided an explanation ofthe tables
listed in the packet materials.
Mr. Tuneberg commented on the option of utilizing the BP A surcharge. He explained that the benefit to using
this revenue is that the citizens are already paying it. He stated that the plan was to transition away from the
surcharge and raise electric rates, however Council could decide to retain the surcharge and use these funds
to pay AFN's debt service. Mr. Tuneberg clarified staff's intent was to raise electric rates by 10% after the
BP A surcharge is eliminated, however if the Council decides to retain the surcharge and use it for the debt
payments,
he would consult with the Electric Department about a 5% increase instead.
Comment was made noting the possibility of selling the Strawberry Lane properties and putting the money
towards the debt. Mr. Tuneberg stated the sale of these parcels could yield as much as $2.0 million, however
it was noted that the Council has previously discussed using this money to fund affordable housing.
Mr. Tuneberg requested that Council discuss the different avenues, reach a consensus, and provide direction
so that he can bring back a proposal at the next council meeting. He stated their selection needs to be
enforceable, acceptable and reliable. He added Council could decide on a revenue source for this year and
then take a different approach to meet the future payments.
Mr. Tuneberg submitted a handout to the Council that identified an alternative solution. He explained this
option would place a fee on the total utility bill, and would include senior and low income assistance. This
option would provide adequate funds to cover the payment for next year and would cover a significant portion
of future payments. He stated this fee could be easily identified and listed separately on the utility bills. If
this option were selected, the BP A surcharge would be eliminated, however the City would still need to raise
electric rates at the end of the year; not as much as the 10% previously proposed, but possibly by 5%. He
stated this would have a net effect on the utility bill of a 4% increase.
Cf1Y COUNCIL STUDY SESSION
MAY J 1,2006
PAGE 2 of2
Council discussed the options presented by staff.
Comment was made that this new alternative would not generate enough revenue to cover 100% of future
years payments. Mr. Tuneberg agreed and stated this option was not the end all solution to cover the payments
for the next 20 years, but it does provide the opportunity to be managed each year and could go away
completely at a later date if the Council chooses to use one of the other alternatives. Using his home utility bill
as an example, Mr. Tuneberg stated with this option he would see a $4.00 fee on his bill.
Council listed a variety of options that could be used to meet the debt payments, including:
. Selling City Property, such as the Imperatrice Property
. Utilizing the $300,000 dedicated for the Council Chambers remodel
. Implementing an entertainment tax
. Reducing internal charges to AFN
. Utilizing property tax along in conjunction with the alternate solution presented tonight
. Utilizing a portion of the Transit Occupancy Tax
. Reducing expenses within the City
Mr. Tuneberg clarified that he would be bringing back a proposal at the June 6, 2006 Council Meeting and
stressed the importance of making a decision on this issue. Council agreed that they were interested in a
cafeteria style approach and it was suggested that each councilor provide further direction a$ to which options
they would like to proceed with. Mr. Tuneberg stated he would email a matrix, similar to what is used with
the grants, for the councilors to complete and return by the end of next week. Based on the information they
provide, he will construct a potential solution and return it to the Council for their approval.
Mayor Morrison noted the Parks & Recreation Department would be returning the benches to the Plaza area
and suggested that they be placed in different areas to optimize use. Council agreed to ask staff to present a
relocation option when this issue is presented at the next council meeting.
Meeting was adjourned at 6:55 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
Bicycle & Pedestrian Commission
April 20th, 2006
Regular Minutes
Council Liaison:
Staff:
RVTD liaison:
High school liaison:
Traffic Safety liaison:
Tracy Harding
Tom Marvin
Chair Dylan Robbins
Selene Aitken
David Chapman
Derek Severson, Assistant Planner (absent) Steve McLennan, Police Officer (absent)
Paige West, RVTD/TDM Planner (absent)
Vacant
Colin Swales (absent)
Secretary Christina Lacy (absent)
David Young (absent)
Vice Chair Julia Sommer
Paul Rostykus (absent)
Roll Call
SOU liaison: Nathan Meyerson
Call to Order
Chair Robbins called the meeting to order at 5:15 p.m.
Approval of Minutes - March 16th, 2006
The minutes of March 16th, 2006 were approved as presented.
Public Forum
Egon Dubois raised concerns about Eagle Mill Road, which he recognized as being beyond the city jurisdictions, as
being narrow with no shoulder and loose gravel at the edge. He noted that large construction vehicles, narrow
width, and speeding combine to make this a dangerous situation for cars and bicycles. Robbins noted that the bike
path runs parallel and can get anywhere you could on Eagle Mill via the bike path. Dubois was planning to suggest
making this road off limits to bicycles, but he suggested that at a minimum signage be placed encouraging the use of
the bike path. He also expressed concern about the placement of the Bike Friendly sign on such an unfriendly route.
Earth Dav
Harding discussed what was planned, and what materials she had for distribution. She stated that she and Meyerson
would be there early, and that Chapman and Aitken would arrive later. Chapman added that he would bring the
banner and foam board to mount maps.
Bike Swap
There was discussion of the upcoming volunteer meeting. Dubois noted issues with getting a food vendor on site
and with getting the music permit. Robbins pointed out that the Sneak Preview may donate an ad, and Harding
noted that she had flyers. Members discussed what prizes had been donated or could be made available. Harding
clarified that whatever proceeds don't go to sellers go to bike safety education. Robbins noted that the new skate
swap was and exciting addition to the event. Harding added that the Police Department would be on hand to register
new bikes on the spot.
Car Free Dav
Harding stated that the subcommittee would like help with the many things there are to do; she asked Robbins to
help involve the bike shops. Sommer noted that they would like to enlist the aid of other commissioners. Robbins
stated that the owner of Tabu was interested in having a street cafe. Harding noted that if the event covers two
blocks, both will need to have equally lively events. She suggested that the bike rodeo could be on one block, with
bike mechanics on one or both, and restaurants on both. Harding emphasized that the event cannot eliminate access
to the drive-through or night deposit at Wells Fargo. She suggested changing the tours to the morning from 11-2,
with the full event after. She stated that they were hoping for local celebrities, tree commissioners, and etc. to lead
tours and bike rides. Robbins suggested a scavenger hunt ride to engage both adults and children. Harding feels
that Marvin should organize the essay contest. Chapman would like a car smashing booth. There was discussion of
whether sales could occur at the booths. Members noted that they hoped to include a raffle. There was further
2006-0420 Bike & Ped minutes
Page I of3
discussion of the essay contest and how to get it underway with Tidings and JPR advertising to address substantive
changes to encourage a car free lifestyle.
Sommer noted that she would like to see employers take the lead in encouraging participation by their employees.
Harding stated that she would prepare a V4 sheet for distribution at the Bike Swap with details and some car free
alternative options. Chapman suggested involving the Tidings in the essay contest, with judging by the Tidings'
readers board.
Sommer noted she had prepared a letter for the merchants, and that she had already talked to them in person and was
planning to use the letter as follow up.
Members discussed possible films to be screened at the event, and the possibility of having films shown at the
Varsity Theater. Dubois also suggested a booth with information on becoming car free.
Sommer stated that she has initiated contact with the YMCA, and has offered to let them have a booth or provide
more substantive support. She explained that they are now sponsoring overnight bicycle touring trips.
Sommer explained that the subcommittee was looking for a clear statement of how much advertising and what other
details there are about RVTD's support this year. She noted that there was a level of uncertainty about how much
the Commission would have to pick up that RVTD covered last year. Harding suggested that less paid advertising,
combined with flyers and word of mouth about last year's success, should work well this year.
Marvin stated that he would look at a model and themes for the essay contest.
Liaison Reports
Chapman noted that Council would be looking at all commissions for efficiency; he suggested that next month there
be an agenda item to discuss the commission's mission statement and goals. Members briefly reviewed the mission
statement.
Chapman noted that there was likely a vacancy on the Jackson County Bicycle Advisory Committee, and Sommer
added that there was a position still on the RVMPO PAC. Harding noted that she, Chapman and Sommer had
attended RVCOG countywide meetings and that she would be more interested in getting involved at this level after
meeting people involved in this effort. Aitken suggested inviting the Jackson County Bicycle Advisory Committee
to Car Free Day. There was general discussion of working to improve liaison roles with the County and State
committees.
Meyerson discussed his work on campus with the AsWand Community Bike Program and the Bike Library. He
stated that they will be acquiring a new covered rack to accommodate 40 bikes, and explained that there was a $20
refundable deposit to rent a bike for one term. He emphasized that the biggest concern is getting the bike back, and
added that the students would maintain the bikes and be charged if they didn't return the bike. He concluded that
they hope to focus more on promotional efforts. Harding added that they have a surplus of bikes, but need to get
them into running condition. He added that another work party was in the works. Meyerson clarified for Dubois
that they have just begun a record-keeping system, but that they don't have any statistical data on the history of the
program to date. Harding clarified that this is a community program, and bikes are available to anyone not just
students. Meyerson noted that they are considering a $30 refundable deposit to community members due to the
greater difficulty in keeping track of them.
Meyerson noted that efforts continue to get funding back for RVTD service, and stated that he feels that this will
happen, but not until the next budget year.
Meyerson pointed out that there was work being done to create bike racks out of salvaged materials from old racks
and other materials that are stored at the SOU Physical Plant.
Sommer noted the need for a better public address system for Car Free Day. Harding stated that they had a
commitment from someone to provide a system.
2006-0420 Bike & Ped minutes
Page 2 of3
Sommer read the Mayor's letter responding to the commission's letter oflast month, and members discussed the fact
that Measure 37 claims have the city considering expansion of its urban growth boundary just to retain some control
of future development.
New Business
Chapman/Sommer m/s to direct staff to pursue signage on Eagle Mill Road directing cyclists to use the bike
path. Voice vote: All AYES. Motion passed.
Robbins noted that John Hinke was back in town, and he was hoping to convince him to come back to the
commission.
Marvin indicated that this Commission may not be the forum to pursue the North Main multi-use path. Members
expressed their support for the idea in concept and urged Marvin to continue his work to bring forth a formal
proposal. Marvin expressed his frustration with the ongoing discussions without ever taking action. Robbins noted
that there were practical issues of right-of-way acquisition that needed to be addressed before simply moving ahead
with a concept. Members discussed the relationship between a North Main Street multi-use path, the Downtown
Planning Process, and the fact that jurisdiction is shared with ODOT.
Chapman discussed the history of trying to gain two more feet of shoulder and get the speed limit lowered, and
noted that the slowness of the process was daunting.
Dubois expressed doubt about the success of a Downtown Plan as the only viable option he saw was to re-route
Highway 99 out of downtown. He suggested that the only other option was to demolish blocks of buildings and start
fresh.
Adiournment
The meeting was adjourned at 6:45 p.rn.
Upcomina Meetinas:
5: 15 P.M. Thursday, May 18th - Regular Meeting in the Siskiyou Room
2006-0420 Bike & Ped minutes
Page 3 of 3
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
April 17 , 2006
CALL TO ORDER - Vice Chair Matt Small called the meeting to order at 6:34 p.m at the Community Development and
Engineering Services Building, 51 Winburn Way, AsWand, OR.
Commissioners SOU Liaison
Faye Weisler, Absent Sunny Lindley
Bill Street
Jennifer Henderson, Absent Council Liaison
Alice Hardesty Cate Hartzell
Liz Peck
Carol Voisin Staff Present
Don Mackin Brandon Goldman, Housing Soecialist
Matt Small Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
Aaron Benjamin submitted a written correction to page 3. His correction is as follows: .One of the applicants does create a net increase of 6
units, using all of the available $360,000, while the other would add only 2 additional units using $328,000, with the remaining $32,000 being
used to pay a salary." Street/Voisin m/s to approve the minutes of the March 20, 2006 meeting as corrected. Voice Vote:
Approved. The minutes were approved as corrected.
PUBLIC FORUM
OLENA BLACK, 2110 Creek Drive, AsWand Planning Commissioner said she has a concern is that the information necessary
for Planning Commissioners to make comprehensive decisions regarding housing is missing. She stated that the Planning
Commissioners are trying to make policy decisions without having substantial information.
MICHAEL DAWKINS, 646 East Main St., Ashland Planning Commissioner, has spent 20 years in Aspen, Colorado and related
what has happened in Aspen to what is taking place in AsWand at this time. As the City of Aspen began to look at affordable
Housing they formed a Housing Commission which was an elected post. Mr. Dawkins stated that their Housing Commission
is in charge of all affordable Housing.
OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS
Hardesty acknowledged that the presentation by Brian Carlton was wonderful.
NEW BUSINESS
Condominium Conversion Ordinance Development Discussion
Goldman explained to the Commissioners that they are to look at the Condominium Conversion Ordinance and forward any recommended
changes to the Planning Commission. Goldman discussed the five different points to be addressed and explained their impact on the
ordinance. He stated that the Land Use Committee suggested working with the Planning Commission to establish and Ad Hoc Committee to
look at both the Condominium Conversion Ordinance proposed changes as well as the forthcoming Annexation Ordinance.
The Commissioners discussed the ordinance changes. Mackin asked Goldman if it is the state law that determines if an individual buys a
mobile home court and then evicts the tenants it they have to offer up to $3500 for relocation expenses. Goldman stated that if they give an
eviction notice for one year there is no relocation money offered. He also mentioned that when someone makes a filing for Condominium
Conversion they are obligated to provide all the existing tenants with a 120 day notice that the project is going through the Condominium
Conversion.
Street inquired how the 25% figure was arrived at for affordable housing and can it be changed to 30%, 35%, or even 40%? Goldman said
that changing the affordability requirement will bring into question whether it is requiring more affordable units than were required underneath
the grandfather ordinance. It's a matter of economics. If you are precluding Condominium Conversion through establishing an affordability
requirement that cannot be met, the project becomes not financially feasible.
Ms. Black asked how many ARU's have been built in Ashland. Goldman said since 1990 there have been 108 in the R-1 Zone. He also
explained that in R-2 zones we do not have ARU's but multiple dwelling units.
Public Testimonv
Michael Dawkins shared his concerns regarding the Condominium Conversions and taking rental units off the market. Loosing affordable
rental stock is something our town should not be doing. He would like to see a united voice from the Housing Commission to the Planning
Commission.
Olena Black asked how many units in Ashland are apartments that could be converted into Townhouses or Condominiums. Goldman
explained that he does not have that data and that a Rental Needs Assessment is something the Housing Commission has requested
through the budget process. .
Street proposed that the Housing Commission move the concept that has been discussed tonight forward to the Planning Commission with a
general agreement voted on by the Commission that Condominium Conversion does lead to a loss of affordable housing in Ashland. The
Commission needs to look at language which will change the Ordinance that will make that less likely. It leads to the loss of affordable rental
units. The Commissioners agreed to that proposal unanimously. At the next monthly meeting the Housing Commission will address the
details of the Condomiumn Conversion Ordinance after receiving more information on what other communities are doing.
It was agreed that the Land Use Committee will discuss this at their May 11, 2006 meeting. They will then bring their conclusions to the full
Commission meeting on May 15, 2006.
Community Development Block Grants
Goldman explained that through the Department of Housing and Urban Development the City as an entitlement community has to create an
action plan. The preparation of the action plan has to be available for public review for a 30 day period, and have a public hearing by which
the decision making body on the action plan hears testimony from the public. It has been notified in the paper and now the public needs to
be able to give testimony.
The City Council awarded ACL T funds for their project and tCC was awarded $32,000.00.
The shift to having the Housing Commission be the final decision maker on the action plan was part of the consolidated plan amendments
that were forwarded to Council earlier this year.
Goldman reviewed the action goals and discussed goal 9 page 19 of the action plan. Goldman met with the Fair Housing Council of Oregon
in an endeavor to try and do some Fair Housing activities in Ashland and Southern Oregon in general. As part of their application for HUD
funds, they will be proposing to do 4 web cast televised broadcast of Fair Housing Training. One each to realtors, landlords, tenant
advocates and to building officials and planning professionals. It was proposed to have those trainings all take place in Southem Oregon.
Hardesty was interested in knowing more about the employee assisted housing program. Goldman explained it was a City goal for City
employees. He met with Tina Gray, the City Human Resource Director. Ms. Gray will be sending out a survey to all City of Ashland
employees to find out what their housing needs and desires are. With that data they will be looking at what programs might be available.
Vice Chair Small opened the public hearing for discussion. Having no comments because no one was present to speak at the public hearing
was closed. Goldman stated that this item will come back to the Housing Commission as a final draft. If any public comments are heard at
that time they will either be incorporated into the plan itself or if not, appended to the end with a determination from staff as to why we did not
feel it needed to be incorporated into the plan itself. That will be the final review opportunity on May 15th. At that time it will be mailed off to
Department of Housing and Urban Development and they have a 30 day review period allowing public comment further before it's actually
closed.
Reports and Updates
Lithia Lot Update: Goldman stated that Kendrick Enterprise has not completed re-creating the project Performa. No meetings have taken
place since the Housing Commission meeting last month. Goldman reviewed the issues that Kendrick is dealing with and explained that
because of the large changes it will be recommended to come back before the Housing Commission for an evaluation of the proposal as it is
presented. It will then go to the City Council for final approval.
Peck asked if they can accept the Housing Authority Proposal as was unanimously voted on by the Housing Commission. Goldman said
that they would be in a position to then start negotiations with the Housing Authority to insure that their project is still feasible.
ASHLAND HOUSING COMMISSION
MINUTES
April 17, 2006
2
Subcommittee Reports
land Acquisition Update: Hardesty distributed a report the Land Use Committee meeting on April 13, 2006. Goldman will send the
Commissioners a copy of the 12 properties that were selected from Diane Paulson's report. These are selected properties that would be
purchased from the sale of the Strawberry Lane property
It was suggested that Paulson do the negotiations with the homeowners. Goldman said they would focus in on the three properties. Then
Paulson will bring forward the one which works best for the project and give feedback at the May 15th meeting.
The Commissioners discussed the possibility of forming a joint sub committee with the Planning Commission to talk about annexations, zone
changes and possibly the condominium conversions. Goldman suggested that the Ad Hoc Committee include Michael Dawkins, Olena
Black and Mike Morris along with members of the Land Use Committee. Hartzell suggested that the Housing chair write a letter to the
Planning Commission Chair for their next study session asking who might be interested in attending.
Education: Street reported that the Education Committee met on April 3, 2006 at the Ashland High School library where the May 4,2006
forum on work force housing will be. This forum is being planned with Melissa Mitchell Hooge of the Save Our Schools and Playgrounds
Foundation. The invitations will be going out this week and a large crowd is expected.
Finance: No report.
liaison Reports
Hartzell met recently with a member of the Ashland School Board and Parks to talk about the way the playground parks maintenance will
take place. Jim Lewis from Parks and Ruth Alexander from the Ashland Schools have shown interest in being on the Housing Committee.
Commission Coordination
Goldman stated that for the first time, the Oregon Senate Interim Revenue Committee will be meeting in the Medford City Council Chambers.
It had previously been in Salem.
Weisler has requested to be reappointed to the Housing Commission. Small will be stepping down. Hardesty thanked Small for his many
years of service to the Housing Commission. Small acknowledged that he has enjoyed his time on the Commission and feels that the
current commission is the best he has seen.
ADJOURNMENT - The meeting was adjourned at 8:35 p.rn.
Respectfully submitted by
Carolyn Schwendener, Account Clerk
ASHLAND HOUSING COMMISSION
MINUTES
April 17, 2006
3
CITY OF
ASHLAND
Council Communication
Meeting Date: June 6, 2006
Department: Administrative Services
Contributing Departments: NA -1JA
Approval: Martha Bennett /r~
Public Hearing to Consider Adopting the Annual Budget
Lee Tuneberg tW,~
tuneberl@ashland.or.us
NA
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Estimated Time:
15 Minutes
Statement:
The third phase of the annual budget process is the City Council holding a public hearing and
adopting the budget as approved by the Budget Committee with or without further adjustments by
Council. This hearing will result in Council action that establishes the budget, levies taxes and
authorizes state subvention revenues to be received for FY 2006-07.
Background:
The Budget Committee and/or Budget Sub Committee met numerous times this winter and spring and
thoroughly reviewed this budget. On May 24, 2006, the Budget Committee met and approved the
budget and recommended it for adoption. The Council must take the actions listed below to establish
the FY 2006-07 budget.
Oregon Budget law allows the elected body to increase expenditures by $5,000 or 10% (whichever
the greater) of any fund without further review and approval by the Committee. Council cannot
increase the tax rate without republishing of the amended budget and a second hearing by June 30.
Total changes to a fund beyond 10% also require re-publishing the amended budget and a second
hearing to be held prior to July 1. A summary memo is provided that identifies changes made to the
proposed budget to create the approved budget.
Enclosed within the packet are four actions requiring Council approval to complete this phase and
"set" the budget for FY 2006-07:
1. A Resolution certifying Ashland qualifies for State Subventions.
2. A Resolution declaring the City's election to receive State Subvention revenue.
3. A Resolution adopting the annual budget and making appropriations.
4. An Ordinance Levying taxes for the period July 1,2006 - June 30,2007.
Recommendation:
Staff recommends approval of the accompanying three Resolutions and the reading in full of the
Ordinance.
Attachments:
Memo to Council
Fiscal Year 2006-2007 Summary of Changes
rA'
CITY OF
ASHLAND
Memo
DATE:
June 7, 2006
TO:
Mayor and Council
/#.J
Lee Tuneberg, Budget Officer
FROM:
RE:
Fiscal Year 2006-07 Budget Message Addendum
Overview
I am pleased to submit the approved Fiscal Year 2006-07 Budget in the amount of $100,239,229. The
recommended total amount includes City-wide reduction in health care of $202,759 based upon new
premium estimates, changes in the Telecommunication Fund that reduced the fund total by $1,993,621
(including $864,454 moving to the Debt Service Fund) for the transition away from cable television
services and other changes approved by the Budget Committee. Also included is an operating property
tax rate increase of $.2600. The Debt Service Fund will receive $.1750 for the debt of AFN which is
Full Faith & Credit; the general fund will receive the remaining amount of$.0850 for general programs.
All the changes were reviewed and approved by the Budget Committee. They appear in the second
column of revisions.
A detailed accounting of the changes to the expenditure classifications follows. Please note that the
impact of these changes are included in the resolution and that any further changes made bv Council
must be done as an amendment to the resolution that establishes appropriations. Such changes will be
reflected in the final budget document in the attached table under the fourth column for revisions.
General Fund
In total the General Fund was reduced by $72,303 in Health Care Savings which will increase the ending
fund balance. The Fire Department increased the CERT coordinator to a full FTE at a cost of $20,000
and reduced its dispatch services by $43,000. In the Community Development Department $3,300 was
added for the Regional Land Use Plan, $25,000 for Rental Needs analysis and a Planner position was
added for half of a year, funded by the increased property tax. In the Administration Department three
items were added which are $100,000 for Community Visioning, $10,000 for Public Arts and $2,000 for
the ad hoc EGonomic Committee. These items are to be funded by the increase of property tax.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-488.5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
,.,
CITY OF
ASHLAND
Memo
Community Development Block Grant Fund
Approved change was the reduction in Health Care.
Street Fund
Approved change was the reduction in Health Care.
Capital Improvement Fund
Approved Budget includes reduction of Building upgrades and modifications of $620,000 and adding
$50,000 to fund a review of municipal building needs and funding. The savings of $570,000 that would
have increased the ending fund balance is being transferred to the Debt Service Fund to assist in paying
the full faith and credit debt. Reduction from savings in Health Care cost were all approved.
Debt Service Fund
Approved Budget includes a permanent property tax rate of $.1750 generating revenues of $296,000 for
payment of the full faith and credit debt. The remaining debt is funded by a transfer from the Capital
Improvement Fund of $570,000.
Water Fund
Approved change was the reduction in Health Care.
Wastewater Fund
Approved change was the reduction in Health Care.
Electric Fund
Recommended change was reduction of Electric's budget to accommodate the equipment structure
improvement of $220,000. Reduction from savings in Health Care cost were all approved.
Telecommunication Fund
Council approved AFN to transition away from cable television which reduced the fund by $1,993,621
including moving the debt of $864,454 to the Debt Service Fund. Reduction from savings in Health
Care cost were all approved.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
~A'
CITY OF
ASHLAND
Memo
Central Service Fund
Approved change was the reduction in Health Care. This fund also reduced its over all budget by
$262,506 to off set the reduction of internal payment from the Telecommunication Fund.
Equipment Fund
Approved change was the reduction in Health Care as well as the removal ofthe utility billing software
of $250,000, increasing the ending fund balance.
Parks and Recreation Fund
Approved change was the reduction in Health Care.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-488.5311
Ashland, Oregon 97520 TTY: 800-735.2900
www.ashland.or.us
rA'
City of Ashland
Fiscal Year 2006.2007 Summary of Changes
2007 2007 2007 Recommended 2007
Proposed Revisions Approved Revisions Adopted
GENERAL FUND
Administration Department 141,780 112,000 253,780 253,780
Administrative Services - Municipal Court 395,4SO (415) 395,035 395,035
Administrative Services - Social Services Granls 115,380 115,360 115,360
Administrative Services - Economic & Cultural Granls 504,6SO 504,650 504,6SO
Administrative Services - Miscellaneous 7,000 7,000 7,000
Administrative Services - Band 61,554 61,554 61,554
Police Department 5,354,896 (29,122) 5,325,774 5,325,774
Fire and Rescue Department 5,313,257 (SO,885) 5,262,372 5,262,372
Public Wor1<s - Cemetery Division 358,243 (2,868) 355,375 355,375
COmmuni1y Development - Planning DivisIon 2,263,304 50,287 2,313,591 2,313,591
Communi1y Development - Building Division 801,756 801,756 801 ,756
Transfers 500 500 500
Contingency 400,000 400,000 400,000
Ending Fund Balance 980,020 67,003 1,047,023 1,047,023
TOTAL GENERAL FUND 16,697,770 146,000 16,843,770 16,843,770
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Personal Services 35,900 (415) 35,485 35,485
Materials and Services 385,3SO 385,350 385,3SO
Other Financing Uses (Interfund Loans) 215,000 215,000 215,000
TOTAL CDBG FUND 636,2SO (415) 635,835 635,835
STREET FUND
Public Wor1<s - Street Operations 4,068,492 (8,224) 4,080,268 4,060,268
Public Wor1<s - Stonn Water Operations 739,870 739,870 739,870
Public Wor1<s - Transportation SOC's 274,850 274,850 274,850
Public Wor1<s - Stonn Water SOC's 47,500 47,500 47,500
Public Wor1<s - Local Improvement Districts 343,498 343,498 343,498
Contingency 153,000 153,000 153,000
Ending Fund Balance 6,300,542 8,224 6,308,766 6,308,766
TOTAL STREET FUND 11,927,752 11,927,752 11,927,752
AIRPORT FUND
Materials and Services 111,532 111,532 111,532
Debt Service 35,173 35,173 35,173
Other Financing Uses (Interfund Loans)
Contingency 5,000 5,000 5,000
Ending Fund Balance 12,382 12,382 12,382
TOTAL AIRPORT FUND 164,087 164,087 164,087
CAPITAL IMPROVEMENTS FUND
Personal Services 154,065 (1,658) 152,407 152,407
Materials and Services 394,7SO 394,7SO 394,750
Capital Outiay 3,626,000 (570,000) 3,056,000 3,056,000
Transfers 335,434 570,000 905,434 905,434
Other Financing Uses (Interfund Loans) 530,000 530,000 530,~
Contingency SO,OOO 50,000 50,000
Ending Fund Balance 1,678,870 1,658 1,680,528 1,680,528
TOTAL CAPITAL IMPROVEMENTS 6,769,119 6,769,119 6,769,119
DEBT SERVICE FUND
Debt Service 791,716 866,000 1,657,716 1,657,716
Ending Fund Balance 147,356 147,356 147,356
TOTAL DEBT SERVICE FUND 939,072 866,000 1,805,072 1 ,805,072
III
WATER FUND
Electric. ConselValion Division 172,005 172,005 172,005
Public Works. Forest Lands Management Division 196,000 196,000 196,000
Public Works. Water Supply 2,700,879 2,700,879 2,700,879
Public Works. Water Treatment 1,400,354 1,400,354 1,400,354
Public Works. Water Distribution 3,277,302 (13,190) 3,264,112 3,264,112
Public Works - Reimbursement SOC's 467,670 467,670 467,670
Public Works. Improvement SOC's 702,580 702,580 702,580
Public Works. Debt SOC's 123,932 123,932 123,932
Debt SelVlces 544,457 544,457 544,457
Contingency 152,000 152,000 152,000
Ending Fund Balance 5,368,117 13,190 5,401 ,307 5,401,307
TOTAL WATER FUND 15,125,296 15,125,296 15,125,296
WASTEWATER FUND
Public Works - Wastewater Collection 2,249,996 (9,339) 2,240,657 2,240,657
Public Works - Wastewater Treatment 2,022,260 2,022,260 2,022,260
Public Works - Reimbursement SOC's 192,160 192,160 192,160
Public Works. Improvement SOC's 108,090 108,090 108,090
Debt SelVlces 1,793,196 1,793,196 1,793,196
Contingency 149,000 149,000 149,000
Ending Fund Balance 3,026,100 9,339 3,035,439 3,035,439
TOTAL WASTEWATER FUND 9,540,602 9,540,802 9,540,802
ELECTRIC FUND
Electric. ConselVation Division 976,645 976,645 976,645
Electric - Supply 6,557,504 6,557,504 6,557,504
Electric. Distribution 5,206,012 (16,161) 5,189,851 5,189,851
Electric - Transmission 1 ,048,600 1,048,600 1 ,048,600
Contingency 381,000 381,000 381,000
Ending Fund Balance 1,169,731 16,161 1,185,892 1,185,892
TOTAL ELECTRIC FUND 15,339,492 15,339,492 15,339,492
TELECOMMUNICATIONS FUND
IT - Customer RelatlonslPromotions 223,608 223,608 223,608
IT . Cable Television 1,822,360 (1,349,930) 472,430 472,430
IT . Intemet 683,180 93,130 776,310 776,310
IT . High Speed 286,588 20,907 307,495 307,495
Debt SelVlces 864,454 (864,454)
Contingency 100,000 100,000 100,000
Ending Fund Balance 110,864 106,726 217,610 217,610
TOTAL TELECOMMUNICATIONS FUND 4,091,074 (1,993,621 ) 2,097,453 2,097,453
CENTRAL SERVICES FUND
Administration Department 1 ,033,615 (52,702) 980,913 980,913
Administrative Services Department 2,092,085 (191,786) 1,900,299 1,900,299
IT . Computer SeIVices Division 1,018,237 (39,571) 978,666 978,666
City Recorder Division 280,098 (7,855) 272,243 272,243
Public Worl<s . Administration and Engineering 1,538,706 (11,759) 1,526,947 1,526,947
Contingency 179,000 (8,000) 171,000 171 ,000.
Ending Fund Balance 43,626 49,167 92,793 92,793
TOTAL CENTRAL SERVICES FUND 6,185,367 (262,506) 5,922,861 5,922,861
INSURANCE SERVICES FUND
Personal SelVices 400,000 400,000 400,000
Materials and SelVices 661,291 661,291 661,291
Contingency 32,000 32,000 32,000
Ending Fund Balance 492,028 492,028 492,028
TOTAL INSURANCE SERVICES FUND 1,585,319 1,585,319 1,585,319
EQUIPMENT FUND
Personal SelVices 268,955 (2,479) 266,476 266,476
Materials and SelVices 519,955 519,955 519,955
Capital Ouday 1,665,000 (250,000) 1,415,000 1,415,000
Contingency 42,000 42,000 42,000
Ending Fund Balance 366,320 252,479 618,799 618,799
TOTAL EQUIPMENT FUND 2,862,230 2,862,230 2,862,230
CEMETERY TRUST FUND
Transfers 19,000 19,000 19,000
Ending Fund Balance 735,212 735,212 735,212
TOTAL CEMETERY TRUST FUND 754,212 754,212 754,212
PARKS AND RECREATION FUND
Parl<s Division 3,890,750 (22,500) 3,868,250 3,868,250
Recreation Division 969,700 (7,500) 962,200 962,200
Golf Division 416,000 416,000 416,000
Transfers 110,000 110,000 110,000
Contingency 35,000 35,000 35,000
Ending Fund Balance 637,250 30,000 667,250 667,250
TOTAL PARKS AND RECREATION FUND 6,058,700 6,058,700 6,058,700
YOUTH ACTIVITIES LEVY FUND
Personal SelVices 96,000 96,000 96,000
Materials and SelVices 2,335,361 2,335,361 2,335,361
Ending Fund Balance
TOTAL YOUTH ACTlVmES LEVY FUND 2,431,361 2,431,361 2,431,361
PARKS CAPITAL IMPROVEMENTS FUND
Capital Ouday 331,000 331,000 331,000
Ending Fund Balance 44,866 44,866 44,866
TOTAL PARKS CAPITAL IMP. FUND 375,866 375,866 375,866
TOTAL BUDGET 101,483,789 (1,244,542) 100,239,229 100,239,229
Less Ending Fund Balance 21,133,304 553,947 21,687,253 21,687,253
Total Appropriations 80,350,465 (1,798,489) 78,551,976 78,551,978
CITY OF
ASHLAND
Memo
DATE:
June 6, 2006
TO:
Mayor and Council
FROM:
Lee Tuneberg, Budget Officer
RE:
Budget Process Summary of Changes
After five months we are at the budget adoption point and I have tried to provide you with tools
in the way of information to assist in this process. Attached you will find a spreadsheet that
covers each fund and the changes we have recorded from Proposed to Approved or are
recommended as part of the Adoption step.
Since several of you voted no at the Approved level I would expect there are some things you
would like to discuss and/or reconsider. Below is a listing of the specific changes that were
discussed and approved or are important to get the resolution correct.
1. Heath care reductions. There was little discussion about reductions in the budget for lower
health care premiums but they are reflected in their own column and raise the ending fund
balance.
2. All other revisions or recommendations:
a - General Fund, Fire: Cut redundant dispatch (-43,000), increase CERT (20,000)
b - General Fund, Administration: Add Community Visioning (100,000), Public Arts Master
Plan (10,000) and Ad hoc Economic Development Committee (2,000) paid by property tax
c - General Fund, Com Dev: Add Planner for ~ year (34,000 from property tax), add Rental
Needs Study (25,000), add Regional Land Use Plan increase (3,300)
d - CDBG Fund: Fix publication error by moving health care savings to Materials & Services
e - Street Fund: Potential savings with Change in RVTD costs and service levels
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
~.l'
II,
CITY OF
ASHLAND
Memo
f - CIP Fund: Cut Capital Projects in favor of operating transfer to Debt Service Fund for AFN
debt service
9 - Debt Service Fund: Move estimated debt service from Telecommunications Fund with
resources
h - Debt Service Fund: Recommended adjustment to match actual debt service
i-Electric Fund: Cut position and Capital Outlay to absorb equipment shed project from CIP
Fund
j - Telecommunications Fund: CATV changes including moving debt payment to Debt Service
Fund and lower payment to Central Service Fund
k - Telecommunications Fund: Fix rounding error
1- Central Service Fund: Reductions corresponding to lower internal payments from AFN &
less required Contingency
m - Central Service Fund: Recommended revisions to originally approved reductions to better
meet operations needs- no change in fund total
n - Equipment Fund: Cut Utility Billing Software
3. Additionally there are several other issues to consider before adopting the budget. Some of
these are:
. Changes in the RVTD contract and service level provided, impacting the Street Fund.
One potential is identified in "e" above.
. Alternate revenue streams for meeting debt service requirements now located in the
Debt Service Fund.
. Corrections to make the math work on the final resolution identified in "k" above.
4. Finally, I am recommending revisions to the originally approved reductions in the Central
Service Fund to better meet operational needs with no change in the fund total.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-552-2059
Ashland. Oregon 97520 ffi: 800-735-2900
www.ashland.or.us
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City of Ashland
Comparison of Proposed Cuts in Central Services
Cuts Per Cuts On a Preliminary Recommended Difference
Proposed Cental Svc Percentage Identified Actual Actual to
Budget Rate Model Basis Cuts Cuts Approved
Administration - Mayor/Council & Admin $ 660,549 $ (45,324) $ (29,080) $ (33,000) $ (16,757) $ 16,243
Administration - Legal 373,066 (13,569) (16,424) (9,069) (7,300) $ 1 ,769
Administrative Services Department 2,092,085 (144,360) (92,103) (178,118) (158,893) $ 19,225
IT - Computer Service 1,018,237 (48,549) (44,827) (34,606) (30,884) $ 3,722
City Recorder 280,098 (8,672) (12,331) (6,197) (8,672) $ (2,475)
Public Works - Admin. and Engineering 1,538,706 (2,032) (67,741) (1,516) (40,000) $ (38,484)
$ 5,962,741 $ (262,506) $ (262,506) $ (262,506) $ (262,506) $
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Approval:
June 6, 2006
Administration ~"
Martha Bennett \' ~'1
RVTD
Primary Staff Contact: Ann Seltzer ~
ann@ashland.or.us
Secondary Staff Contact:
Estimated Time: 45 minutes
Statement:
Rogue Valley Transit District faces a $1.2 million shortfall for the upcoming fiscal year beginning July 1.
RVTD is proposing cuts in services and a fare increase from $1.00 to $2.00. RVTD notified the city that it is no
longer able to provide enhanced services in Ashland, Route 5 and free fare, for $290,000 per year and will
terminate their contract with the City of Ashland on June 30, 2006. The contract allows for early termination by
either party at any time.
Background:
The City of Ashland underwrites enhanced transit services for $290,000 each year. The enhanced services
include Route 5, an Ashland-only loop and free fare in Ashland on Route 5, Route 10 (inside Ashland) and
Valley Lift. Route 5 combined with Route 10 ensures 15-minute service between the downtown and university.
These enhanced services are paid through the Street Improvement Fund. As indicated in the budget message for
FY07, this fund's financial difficulty is due to rising operational and capital expenses associated with the fund.
The proposed budget includes a 15% increase in the transportation utility fee to offset anticipated expenses.
In previous years, Southern Oregon University (SOU) has paid RVTD $21,670 to help offset the cost of the
enhanced services. In August of 2005 SOU indicated to RVTD that it can no longer provide these funds.
RVTD needs to cut services and to raise fares in order to balance their budget. RVTD intends to cut Route 4 in
Medford and to raise the fare throughout the system to $2.00. RVTD will continue to provide Valley Lift
service within % of a mile of R VTD fixed routes, but will no longer provide Valley Lift service beyond that
distance.
RVTD is able and willing to continue to provide Route 5 and is proposing a means for the city to provide free
fare for citizens most in need.
Related City Policies:
The City of Ashland has supplemented public transportation for a number of years believing that increased use
of public transportation eases the transit demands on the community including parking and congestion.
Council Options:
1. Direct staff to develop and implement a "free fare program" for eligible (low-income) Valley Lift
clients and fixed route users using $100,000 of the currently allotted funds.
2. Continue to supplement the cost of Route 5 for $190,000 for one year to determine if ridership still
warrants the service.
1
~~,
3. Continue to supplement the cost of Route 5 for $190,000 for one year to determine if ridership still
warrants the service and direct staff to develop a "buy down fare" program for eligible (low-income)
Valley Lift clients and fixed route riders using $100,000 (balance of current allocation for enhanced
services).
4. Discontinue enhanced RVTD transit services.
Staff Recommendation:
Direct staff to implement a "free fare program" for eligible (low-income) Valley Lift clients and fixed route
clients using $100,000 of currently allocated funds and return $192,000 to the Street Improvement Fund.
NOTE: This recommendation will benefit Ashland citizens with the greatest need and who are in need of transit
assistance. However, it will place an added burden on the finance department and/or senior services to manage
and oversee the program. The program must include a means for the city to recoup the administrative costs
associated with the program. The program would possibly be administered by the Finance Department and
Senior Services. Neither the Finance Director nor the Parks Commission has had the opportunity to evaluate the
proposed program.
Potential Motions:
Move to direct staff to implement a "free fare program" for eligible (low-income) Valley Lift clients and fixed
route clients using $100,000 of currently allocated funds and return $190,000 to the Street Improvement Fund.
Attachments:
1) RVTD Memo from Craig Anderson with proposed options
2) Map of Ashland Service Area
3) Valley Lift Analysis
.
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DATE:
TO:
FROM:
RE:
Rogue Valley Transportation District
Support Services Department - Planning. Marketing. TDM
3200 Crater Lake Avenue. Medford, Oregon 97504-9075
Phone (541) 779-5821 . Fax (541) 773-2877
On the web at: www,rvtd,org
MEMORANDUM
May 31,2006
Ashland City Council
Craig Anderson, Senior Planner/Support Services Manager
RVTD Service Changes Affecting Service in Ashland
For the coming fiscal year, RVTD is facing a budget shortfall of approximately $1.2 million.
RVTD has therefore found it necessary to propose several changes in our current services in
order to close this budget shortfall. Included among these proposals is a District-wide fixed route
standard fare increase to $2 (currently $1) and the related re-negotiation of our services
agreement with the City of Ashland.
RVTD "baseline" service in Ashland includes 30-minute fixed route bus service along Route 10
along with "Valley Lift" paratransit service within a ~ mile radius of Route 10. RVTD "extended"
service, per our agreement with the City of Ashland, includes elimination of fares ($1 standard
fare on buses and $2 fare on "Valley Lift") along with an additional bus route (Route 5) that
overlaps with Route 10 and effectively provides 15-minute service frequency with the City. It is
difficult to calculate the exact costs of providing "extended" service to Ashland, but our
agreement with the City includes an annual payment of approximately $290,000 to RVTD for
these services.
In the process of taking a careful look at our existing operations, it has become apparent that
providing "free" service within Ashland may represent a much greater expense than was
originally anticipated. This is primarily due to the fact that the cost to RVTD of providing Valley
Lift service in Ashland has been determined to be in excess of $15 per ride, or over $223,000
per year, assuming current ridership levels. Since Valley Lift fares are federally limited to twice
the standard fixed route fare (free in Ashland), this represents a great expense to the District.
Table 1 below provides a summary of cost estimates assuming different service scenarios. The
figures in the table represent various assumptions, including ridership losses due to increases in
fare charges. In this table, the sum of the green colored cells minus the sum of the yellow cell,
represents RVTD's best estimate of the current cost to provide "extended" service in Ashland
per our current agreement. This amount totals $436,965.
RVTD Service
Route 5 "Ashland Loop"
Route 10 (Ashland only)
Valley Lift (Ashland only)
TABLE 1 - Summary of Service Cost Estimates
Approx.
Annual
Operating
Cost
(wi free
fare ")
Approx.
Annual
Ridership
(wi free
fare)
Approx. Approx. Approx.
Annual Annual A I
. nnua
Operatmg Fare Value* r: II I
Cost (forfeited wi .-a;e ;;. ue
(wi $2 Fare) free fare) (w. $ are)
Estimated
Annual
Ridership
(wi $2 fare)
103,947
181,939
14,376
$192,000
nla
$178,722
$99,789
$152,829
$46,003
83,158
127,357
11,501
RVTD staff has met with City staff in an effort to maintain a high level of transit service in the
City while also addressing RVTD's financial concerns. RVTD believes that maintaining the
cllrrent policy of "free" fare service, particularly for Valley Lift service, is not a realistic option.
However, City and RVTD staff believe that providing City-subsidized transit service for low-
income residents is one option that the Council may wish to consider.
Assuming that the City is willing to continue it's current commitment of $290,000 per year,
RVTD proposes the following s~enario:
$190,000
$50,000
Continue Route 5 I maintain 15-minute transit service
Purchase 12,500 $4 Valley Lift Coupons.
Coupons come in booklets of 10. The City could sell these booklets to eligible Valley Lift clients
for $5 each ($40 face value) and thereby recoup $6,250 for administrative costs while also
minimizing the likelihood of fraud/re-sell. Approximately 104 of these Valley Lift coupon booklets
could be sold per month under this scenario. There are currently 185 Valley Lift clients in the
City of Ashland service area (we do not know how many of these clients are low income).
Assuming 30% of these 185 clients are low-income, about two coupon booklets could be
distributed per eligible client per month.
$50,000
Purchase 476 monthly full fare passes* at $70 each (approx. $33,300)
Purchase 476 monthly halffare passes* at $35 each (approx. $16,700)
*Other fixed-route fare purchasing options include 20-ride punch cards at $40 each, day passes at $5 each or per
ride tokens at $2 (full-fare) and $1 (half-fare) each. Half-fare on the fixed route system-applies to those with
disabilities, youth age 10-17, and those over 62 years.
The City could charge $8.75 for the full fare monthly pass and $4.37 for the half fare monthly
pass to eligible (low-income) clients in order to be consistent with the charge to Valley Lift
clients. This would generate approximately $6,250 for the city while minimizing the possibility of
fraud/re-sell. This scenario would allow Ashland to pay the monthly transit expenses for
approximately 80 riders per month. The city may wish to consider ways to restrict this program
to full-time Ashland residents in order to discourage students from taking advantage of the city's
subsidy (and to encourage SOU to enter into a group pass program with RVTD). The purchase
of an equal number of full and half fare passes assumes that roughly half of the low-income
riders would qualify for the half-fare discount.
RVTD staff looks forward to the City Council meeting of June 6 where we can present this
information in greater detail and respond to any questions. In the meantime, please contact me
at 608-2415 if you have any questions.
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Ashland
Service Area
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RVTD Routes
_10
-5
3/4 Mile Valley Lift Service Area
D RVTD District Boundary
.. Ashland City Limits
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Scale
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May 2006
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Valley Lift Analysis
Client Locations
J~J
Client Locations (# of clients)
. 1-3
. 4-9
o 10-19
. 20-30
. eNer 30
RVTD Routes
_1
140
_10
_1demand
2
_30
_4
_40
_5
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D 314 Mile Valley Uft SelVice Area
D RVTD District Boundary
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April 2006
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CITY OF
ASHLAND
Council Communication
Appointment of Council Position #1
Meeting Date:
Department:
Contributing Departments:
Approval:
June 6, 2006
~~:ecorder f\\ \~
Martha Bennett, '~r
Primary Staff Contact: Barbara Christensen, (541)
488-5307 christeb@ashland.or.us
Secondary Staff Contact: None
Estimated time: 10 minutes
Statement:
On May 23, 2006, Councilor Jack Hardesty passed away.
Background:
City Charter does not provide for a Special Election for the filling of a vacant elective office. City Charter states that a vacant
elective office shall be filled within sixty (60) days (which is July 22, 2006) by the City Council electing some qualified person
to fill the 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 next biennial election will be
November 7, 2006.
Past council practice has been to advertise (as outlined below), determine a set of questions to be asked, interview
candidates and vote on appointment.
Related City Policies:
As the Elections Officer for the City of Ashland, the City Recorder will work with the City council with advertising and
scheduling of meetings for the election of this vacancy.
Council Options:
Approval of the following schedule:
1. Advertisement for this position in the local newspaper will be June 15 and June 24, with a deadline for applications
on Friday, June 30, 2006.
2. Council will be provided copies of applications by those individuals interested in the position prior to the July 19
Special Council meeting.
3. Candidate interviews will be conducted during the July 19 Special meeting and appointment for the position will be
made at the July 19 Special meeting
OR
Candidate interviews conducted at a time specified by council other than above but prior to the July 22 deadline.
Council direction:
1. Schedule meeting with RVTV to be televised.
2. Provide candidate questions to council prior to meeting.
Staff Recommendation:
Council to conduct appointment to Council Position #1 prior to July 22, 2006.
Attachments:
· Minutes from Council Special Meeting of June 8, 2005
· Minutes from Council Special Meeting of April 16, 2002
~.,
I I
CITY COUNCIL SPECIAL MEETING
JUNE 8, 2005
PAGE 1 ofS
MINUTES OF THE CITY COUNCIL - SPECIAL MEETING
June 8, 2005 -12:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
Mayor Morrison called the meeting to order at 12:00 p.m.
ROLL CALL
Councilor Hardesty, Amarotico, Hartzell, Jackson and Silbiger were present.
The Council discussed the method for how they would make their selection. Mayor Morrison suggested
that the individual who is selected be chosen by a majority vote.
INTERVIEW CANDIDATES
The questions are:
1) What do you believe you would contribute to the City Council based on your experience? What
are you good at?
2) What do you want to accomplish while serving on the City Council?
3) What do you think are the biggest issues facing the city?
4) Relative to the key issues mentioned, what approach would you recommend the Council take?
Andrew Ainsworth
1) Stated that he has watched the Council and is aware of the issues. Felt that he would bring a
younger voice to the Council and noted the need for diversity. Stated that he would bring a fair
voice that listened to the citizens, and take into account the wellbeing of all citizens, not just the
vocal ones. Stated that all citizens should have equal opportunity to preserve their quality of life.
If appointed, stated that he would delay his attendance to college.
2) Stated that affordable housing was an issue, but noted that this was only one part of the greater
problem of economic development. Stated that it is one thing to create housing, but where are they
going to work? Stated that he would like to see the city become more proactive in encouraging
more living wage jobs in Ashland and work on growing and diversifying our economy.
3) Stated that economic development, affordable housing, and increase in traffic were all issues
facing the city. Commented that he did not see any major problems with the City at this time or
any problems that could not be solved through local participation and well thought out ideas and
actions by the Council and Mayor. .
4) In regards to the economic development and affordable housing issues, he encouraged the Council
to be more proactive and seek additional businesses to our community which would encourage a
greater working class in Ashland. Commented that Ashland should not grow too large, but stated
that growth is not a bad thing if it is done properly.
Commented on his experience with debate and how he had to familiarize himself with issues. Stated that
he would bring diversity to the Council and hoped that they would consider choosing a moderate
individual for this position.
Larry Medinger
1) Stated that his biggest concern was affordable housing and stated that this was an area that he
knows a lot about technically. Noted his experience and participation in setting up the program for
affordable housing. Stated that his experience would contribute to the Council and noted that
there are many other issues before the Council that he finds intriguing.
2) Commented on the fear that citizens have in regards to change. Stated that the thing he fears the
most is the potential loss of diverse income. He noted that affordable housing was the main issue
facing Ashland and everything else seems to stem from that. Stated that he is hopeful that he can
CITY COUNCIL SPECIAL MEETING
JUNE 8, 2005
PAGE 2 of5
contribute to solving this problem.
3) Stated that another key issue aside from affordable housing was AFN and eXplained that AFN
needed to be more competitive and ran like a business. He noted that open space preservation was
a concern of his and gave examples of where additional open space could happen.
4) Noted the effort to access the ditch trail. Stated that practical solutions are normally the better way
to go.
Provided an example of how to address city problems given the issue of budget constraints.
Michael Morris
1) Stated that he is good at working with people and coming to solutions and conclusions. Shared his
experience as an engineer and how he worked with design and criteria.
2) Stated that he would like to see Ashland become more cohesive and would like to see a plan of
what Ashland wants to be in the future. Suggested that the Council obtain more input on a vision
for the community.
3) Stated that the biggest issue that encompasses all of them was a lack of positive vision for the
future of Ashland. He noted that as a Planning Commissioner, most of what they have to confront
is what the community does not want and stated that in order to progress you need to know where
you want to go. He noted an additional concern was the Council's reliance on emails to get things
done and noted the absence for the public to be able to access these emails and the openness of this
process. He stated that this was not an open and upfront process when decisions are made in this
manner.
4) Stated that he would like to have a balanced Council that has an open process. He felt that there
are citizens who do not feel they are represented and stated that the balance of people should be
looked at. Commented on his longevity in the community and stated that he has a connection to
the community that is missing from the Council.
Commented that the biggest financial issue was AFN; however this was not the issue that the majority of
citizens were worried about. Stated that it seems odd to him that the City would spend more on three
trucks for the water department than they would for their downtown plan. Noted the need for direction
from the Council. Also clarified that the older generation group and younger working group are not
currently being represented by the Council.
Eric Navickas .
I) Shared his background in architectural design and noted his experience with planning applications.
He stated that he has been involved in city government for some time and has a good
understanding of what the Council does. Feels that he represents a demographic that does not get
much representation in the city government, which is the younger generation of more progressively
minded individuals. Thinks that the Council should consider appointing someone the represents
this group that if often excluded from politics.
2) Stated that the big issues facing the city revolve around growth. Commented on the large building
standards and feels that the city should take a strong position in enforcing these standards. Also
commented on the water issue and noted that there are a lot of pressures on the city to allow the
TAP line to extend to Ashland. Stated that this would have severe repercussions with regard to
growth. Would like to take a strong position against any further growth of the urban growth
boundary and the potential for the TAP line to affect that. Also commented on the protection of the
municipal watershed and the need to look for a lighter-handed fuels reduction project.
3) Spoke regarding the growing intolerance in Ashland and cited examples. Felt that the business
community was against diversity and suggested that the city take a more aggressive position in
promoting diversity. Noted the pressure from increased property values on affordability and
suggested that the city take an aggressive role in lobbying the state to obtain progressive legislation
CITY COUNCIL SPECIAL MEETING
JUNE 8, 2005
PAGE 301'5
on the state level. Stated that he believes in being responsible with our spending, but not to the
point where it restricts the city's potential to support important programs like affordable housing
and the arts.
4) Recommended that the city not move forward with the TAP project and look to aggressive
conservation and a shift in the development patterns towards higher density development that
don't require single family houses with individual lots and yards. With regard to the large scale
development standards and the downtown plan, stated that he would like to see the city do an
inventory of the size of buildings currently in the downtown area and look at a real size limitation
that meets the current height restriction. Stated that the city should strengthen its Big B.ox
Ordinance, especially in the downtown. With regard to the UGB, thinks that the city should be
very strict in maintaining the boundary and not rapidly expanding it. Noted the opportunity of the
railroad property for high density housing and noted the need for more housing in the downtown
area.
Gave examples of buildings in the downtown area that are used for housing. Stated that the city needed to
promote smaller square footages in the housing downtown.
Colin Swales
1) Noted his experience on the Planning Commission and how this would be a benefit to the Council.
He also commented on his training in architectural design. Stated that he could bring to the
Council his skills in land use and city planning.
2) Stated that he would like to make sure that this community remains the best place to live. He
noted some of the benefits of the community that first brought him to Ashland.
3) Noted some of the Council goals and stated that one of the big problems facing the Council was
their inability to get through their business. Stated that he would like to work with the Council and
the Planning Department to make sure that the reasons for the planning appeals are lessened so
that the Council can get on with its job of governing the city. Noted the downtown plan and the
railroad property plan are two items that he would like to see brought forward. Noted his concern
of not having a year round economy in Ashland and stated that he would like to work toward
attracting businesses that could provide year-round, living wage employment for the citizens.
4) Noted the talent of the city department heads and the talent at the lower levels of staff. Hoped that
the Council would reach out to the entire city staff and listen to them.
Stated that he was supportive of AFN when it started out, but thinks there have been some
inefficiencies in the way it has been managed. Stated that he would look to the people who have the
expertise and have studied the issue for a solution, but stated that this problem needed to be sorted out
very quickly. Also commented on Measure 37 and would like for the city to look at creative ways to
deal with this.
Laurel Sutherlin
1) Noted his role as a community organizer and stated that he would bring to the Council a re-
energized civic involvement from many parts of the community that aren't as active. Noted his
role as a media spokesperson for the forest protection campaign involving the Biscuit logging
projects.
2) Stated that he was excited about the current composition ofthe Council and the opportunities to
push forward a progressive agenda. Thinks this Council has moved into sync with the community
and would like to see Ashland further some of the innovative programs currently underway.
Would like to see the city focus on improving alternative transportation and public transportation.
Stated the he is very interested in the city preserving other programs such as requiring open space
and preserving the quality of life for this community.
3) Commented on growth and economic pressure that if facing Ashland with the influx of people
CITY COUNCIL SPECIAL MEETING
JUNE 8, 2005
PAGE 4 01'5
who are moving in, and the pressure for the City to change its character and direction. Would like
to finds ways to incorporate the inevitable growth, but do so in a way that maintains the character
of the city. Thinks that AFN is an economic issue and solutions need to be found. Stated that the
pressure for development arid changing the nature ofthe city was the biggest threat facing the city.
4) Voiced his support for the current approach the city is taking with the Charter Review process.
Sees himself in a support role for the positive direction the city is currently taking.
Noted that his work has been in the non-profit sector and noted his understanding of lack of funds when
trying to promote programs. Felt that they could draw from the level of community support for certain
projects. Stated that this community has an economic opportunity that is not available to most
communities. He also noted that his experience in grant writing.
David Williams
1) Stated that he would contribute a view that reflects the mature members of the community. Noted
that he also has a point of view as someone who grew up in Ashland. Noted his interest in
preserving Ashland and would like to see the city not get carried away with growth. Stated that his
strong financial background could be useful and noted his experience in management and team
leadership. Stated that he is good at getting along with people and noted that he has had success in
dealing with difficult people.
2) Noted his interest in government and stated that he would look forward to learning more about
how city government works. Stated that he would represent those people who prefer a fiscally
responsible type of government, one that is efficient and addresses the interests of a long term
Ashland.
3) Stated that growth was a key issue in Ashland and noted that this was evident by what we are
seeing downtown and the noticeable increase in traffic. Would like to see the city be careful with
high density housing. Stated that the issue for Ashland was the preservation of the Ashland that
many have know for years and to not become like the other communities that have allowed growth
to become unchecked. Stated that the reality is that land is going to get more expensive because
Ashland is a very desirable place to live. Stated that Ashland should not feel responsible for
acquiring any further population than what is necessary and it is not Ashland's responsibility to
grow. Stated that Ashland has become more of a community of retirees, and this is likely to
continue. Stated that other communities will remain the centers of employment and Ashland
should maintain itself as a desirable place to live.
4) Recommended continuation and even more emphasis on not allowing too much growth other than
what is dictated by state statute. Stated that more than necessary growth was not desirable and
stated that he would like to see things stay the way they are.
COUNCIL DELffiERATION ON VACANCY COUNCIL POSITION #6
Mayor Morrison went over the process for selection and ballots were provided to the Council.
The following are the results of the three voting sessions:
Round 1
xx Andrew Ainsworth X Larry Medinger
XX David Chapman Michael Morris
XXX Tom Dirnitre Eric Navickas
John Gaffev XX Michael Riedeman
Steve Hauck Laurel Sutherlin
Don Laws XXX Colin Swales
XX Greg Lemhouse David Williams
Round 2
Candidates:
CITY COUNCIL SPECIAL MEE1'lNG
JUNE 8, 2005
PAGE 5 ofS
Andrew Ainsworth, David Chapman, Tom Dimitre, Greg Lemhouse,
Michael Riedeman and Colin Swales.
Councilor Amarotico
Councilor Hartzell
Councilor Silbi er
Councilor Jackson
Councilor Hardes
Round 3
Candidates:
David Cha man
David Cha man
David Cha man
Michael Riedeman
Michael Riedeman
Tom Dimitre, Colin Swales, and David Chapman.
Councilor Amarotico
Councilor Hartzell
Councilor Silbi er
Councilor Jackson
Councilor Hardes
David Cha man
Colin Swales
David Cha man
David Cha man
Colin Swales
Councilor Amarotico/Jackson m/s to appoint David Chapman to Council Seat #6. Voice Vote: all
AYES. Motion passed.
ADJOURNMENT: Meeting adjourned at 1 :56 p.m.
Barbara, Christensen, City Recorder
Kate Jackson, Council Chair
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
April 16, 2002 4:30 p.m.
Civic Center Council Chambers, 1175 E. Main Street
Mayor DeBoer called the meeting to order at 4:30 p.m. in the City Council Chambers. Councilor Laws, Reid, Hanson,
Morrison and Hearn were in attendance. Councilor Hartzell was absent.
I. Council Discussion/Questions for Interview Process
Council clarified that the process for interviewing candidates and how questions should be phrased. Council proceeded to
discuss and agree on the candidate questions:
1. How long have you lived in the community and what community activities have you been involved in? And what is your
primary motivation for seeking the vacant council seat?
2. What do you think is the biggest issue facing the city at this time, and how do you see yourself contributing to resolve
the issues?
3. What personal skills and time availability do you offer the council?
4. When moving ahead on a particular project, that is the best for the community at large, but would impact an existing
neighborhood, how would you handle this?
5. Do you see yourself representing a particular constituency or group?
6. Do you have any questions of the council?
II. Candidate Interviews
Kate Jackson
1) Moved to the community in 1993 and became involved with the city during the 1997 flood. She has increased her
involvement over the past few years through the Community Development Department and was appointed to the Ad
Hoc Transit/Transportation Parking Committee and the Citizen Design Committee for Siskiyou Boulevard! Ashland
Street Project. She sees herself becoming even more involved and sees this appointment as stepping up to a larger
table.
2) Multi component issue: maintaining livability during growth, increased traffic and traffic needs, and the need for
additional affordable housing. She felt that by being on the council, it would offer a larger perspective on these
issues.
3) Cited her personal skills as being a good listener and work group experience in fmding and developing common
ground. Her work background has been in the public sector and providing information. She noted that she currently
volunteers on a number of city committees and feels that the appointment to the council would be a consolidation of
these committees.
4) Felt that this is a big issue and that some of these impacts happen in spite of the council and noted parking issues.
5) She felt that she would represent her age group and natural resources, but does not intend to bring in specific
contingency.
6) Inquired of Council Hearn on the difference he found in regards to his previous position on the Planning Commission
and then appointment as a Councilor.
Elizabeth Bretko
1) Has lived in the community 5 year and has worked at the Ashland YMCA, Community Works and the Ashland Teen
Center. Has worked with at risk youth on the street and involving them in state and federal funding. She is a member
of the Ashland Community Action committee and is involved in various other activities. She stated that she is an
advocate for diversity and feels that this community has reputation for being magical and whimsical to the people who
visit our community. She felt that there is no representation for this on the councilor on commissions. She stated that
the young people of the community are asking to be represented and are being supported by the elders of this
community to be represented. She noted her high level of care for this community and its surrounding wild lands.
2) Biggest issue is all encompassing and includes development, growth, and affordable housing. She noted the high cost
of rent in this community.
3) Excellent listener is approachable and makes herself available and pledged to do so, as a councilor. She is committed,
well spoken, articulate, and has no personal agenda. She would like to be on the council because of the importance of
diversity, women and alternative ideas represented on the council. She stated that her time availability is very
flexible.
4) Stated that listening to the people that it impacts is important. She felt that she would bring to the council the ability
to speak from a lot of places and that she listens to the truth and would bring this balance forward. She stated that she
has no intention in stalling a process, and appreciates the council's energy and enthusiasm. She wants to be a partner
with the council by being a representation as a young person.
5) Felt that she would represent renters and youth.
City Council Special Meeting 04/16/2002
Page I of2
Gary Smith
1) Has lived in the community for five years. He previously sought the position of Mayor. He noted that you have to
look back in order to determine where you can be utilized the most. He felt that he is a servant and that by getting
involved in different committees was not his vehicle, but that his skills would be utilized best at the leadership level.
He strongly believes that a good leader that serves echoes the majority of the community.
2) Livability and affordability is the biggest issue. He felt that he would bring tools that would be helpful in solving
these issues. He noted that diversity on the council is important and the ability to speak for the silent majority.
3) His background is management for an advertising agency and could bring these skills with him. He is a people mover
and people adjuster, is a good communicator and has strong leadership skills. Noted that the transition for the
appointed councilor should be smooth. Stated that it is important to represent success, provide leadership and be a
team player.
4) Need to look at the neighborhood the issues at hand. Need to communicate the city issues and no outside
environment, other than the neighborhood itself, is spoken for. Need to listen to the individuals that are to impacted
and determine the costs involved. He felt that it is not always necessary to spend city monies and that it is important
to listen to all sides in order for the city to make the right decision.
5) Has no hidden agenda and would consider himself a representative for Councilor Hanson's constituents and the
projects that Hanson has been involved in. He would be a servant to the community and to do the best he could.
6) What is the council's agenda for this position? Laws explained that it was the council's intention to fmd the best
person that could the best job for the whole city.
Dave Williams
I) Explained that he had returned to the community in 1995 after being away since 1961. He attended Junior High and
High school in Ashland and has lived here approximately 12 years. He has been active in the City of Ashland
Volunteer Police Program, Ashland Watershed Patrol, Ashland Budget Committee and a number of various other
organizations as listed on his resume. He is interested in government because it effects everyone and is interested in
the community where he lives. His background and work experience has involved working and heading a lot of
teams. Wishes to see consensus on the city council in terms of what they do.
2) Stated that growth is the major issue and is interested in the water intertie, which he feels is too distant in the future.
He commented on the decision that needs to be made regarding the surrounding Forest Lands and the need for
affordable housing. He shared his analytical mind and his ability to consume large amounts of data at).d information.
He would base his decisions on the data and information received and is appropriate.
3) He is retired and has adequate time available that would be necessary to fill this position. His personal experience
with working with teams has resulted in good relationships with governments and state agencies. He considers
himself a consensus builder.
4) Stated that in the situation where there is impact on an existing neighborhood, that the city has to move forward,
regardless of the impact on a neighborhood, if it is for the good of the whole community. Stated that it is important to
the information out to the community and to provide a public forum where concerns and issues could be heard.
5) Does not represent a particular group or constituency and does not feel it is appropriate. Stated that all council
members should do the best job to represent the city as a whole.
6) It was clarified that Councilor Hanson's last council meeting would be May 7 and that the appointee would take office
after this time, unless Hanson is called to duty sooner.
Brent Thompson
I) Has lived in the community since 1983 and has served on the Citizen Advisory Planning Committee, Ashland
Planning Commission, Open Space Program and City Council. He enjoys being involved in the community and things
that are accomplished.
2) Biggest issue is coping with the growth that the community is forced to accept with the least amount of impact on the
community and surrounding environment.
3) Explained that he has the necessary time availability and can be controlled. He would commit the time needed to fill
this pro tern position. He noted his experience through deliberations, skills in planning, experienced through studies
and has traveled extensively. He believes in public process, public forum and moving things forward.
4) He felt that listening as careful as possible and litigating with the neighborhoods is important when making decisions
that affect these neighborhoods. Does not believe that decisions need to be made quickly and that making sure
everyone has been heard and all taken into consideration is important.
5) Does not represent a particular group, but represents the whole community.
6) Commented on his interest on environmental issues and noted the council goal to protecting riparian. Laws
commented that restrictions have been tightened up and the city does need to update the current ordinances to reflect
these changes.
Al Wilstatter
Mayor DeBoer noted that Al Wilstatter had expressed his interest, but that he would be out of town and not available for an
interview.
City Council Special Meeting 04/16/2002
Page 2 of2
III. Council Discussion
Council agreed to hold a brief discussion on their impression of the candidates. Hearn commented on his interpretation of
diversity and the council agreed that obtaining diversity is difficult. Laws commented that it is impossible for seven
individuals, which consist of the Council and Mayor, to represent all the different interests that exist in the City of Ashland.
He felt that it is important to have as much empathy as possible for a broad set of interest and to understand the different
groups as best they can in order to reconcile different interests that exist. Councilors shared their diverse backgrounds and
experience.
The council brought forward their comments regarding the candidates abilities and experience. Reid noted Brent
Thompson's historical perspective and planning experience. Dave Williams for his "community at large" perspective and his
experience on the Budget Committee. Gary Smith for his view on being a "leader" and representing taxpayers. Elizabeth
Bretko as an "idealist" and her representation of renters and youth. Kate Jackson for her practical view of council and
community work and her planning background.
Morrison noted that almost all of the candidates referred to themselves as good listeners. He noted Elizabeth Bretko's view
on being approachable, listening to people but not stalling the process. Kate Jackson on being accustomed to working within
groups and her experience with working with the public. Brent Thompson's experience on the Planning Commission and
City Council and his understanding of the process in order to achieve accomplishment of a goal. Reid noted her concern that
Thompson has not supported the public process in past actions that did not support his particular goals.
Hearn voiced his support for Kate Jackson and Brent Thompson. He noted Thompson as having the most experience and
being an idealog, he personally agrees with a lot of Thompson's land use planning issues.
Morrison commented on the strength of Jackson's contribution on the Siskiyou Boulevard Design Committee. Laws voiced
his support of Kate Jackson and commented on her strength and energy she brought forward to the Siskiyou Boulevard
Design Committee. Laws viewed her as being an individual who could represent the community and would be the easiest to
work with. Reid voiced her support for Kate Jackson and commented on the good job that Dave Williams does on the Budget
Committee and his familiarity with budget issues and the Capital Improvement Plan. DeBoer commented that he found
Jackson to be very articulate and easy to work with.
Hanson voiced his conflict of interest due to the fact that he plans on seeking this council position in the November election.
He stated his concern on placing an individual in this position that may decide to also seek this council position. He felt
confident that Gary Smith would represent his views. He also commented that there is not enough youth representation and
noted Elizabeth Bretko would bring this to the council. Hanson noted that Dave Williams could easily do the job and that
Brent Thompson may be the most experienced.
Council continued to discuss the various pros and cons on selecting the right applicant and commented on the outstanding
group of applicants. DeBoer noted his support of Dave Williams and commented that he had viewed the appointment as
nothing more than a pro tem position. He encouraged Elizabeth Bretko's involvement, but felt that it was up to the voters to
make a change by placing youth on the council. He noted Kate Jackson's involvement in the Siskiyou Boulevard Project
would be an asset to the council. Council discussed the proper process for choosing the applicant and again noted the
strengths of each applicant.
Reid voiced her support for Kate Jackson. Morrison and Hearn stated that Brent Thompson and Kate Jackson was their
choice as the two top applicants. Hanson stated that his two top choices were Elizabeth Bretko and Brent Thompson.
DeBoer stated that his choices, in no particular order, would be Kate Jackson, Elizabeth Bretko and Dave Williams. Laws
stated that his choices would be Kate Jackson, Elizabeth Bretko and Dave Williams.
Councilors Reid/Laws m/s to select Kate Jackson as pro tern council position #4. DISCUSSION: Hanson felt that this
would be an opportunity to pay more than lip service to the involvement of youth in our community. He felt that by
selecting Bretko would send a message that the council is serious about involving youth. Morrison commented that
Jackson most probably has the broadest perspective and has voiced her desire to learn. He questioned if the council
should wait until the regular meeting to do the actual voting on the pro tern position. Reid was not willing to
withdraw the motion. Roll Call Vote: Laws, Reid, Morrison and Hearn, YES; Hanson NO. Motion passed 4-1.
Meeting was adjourned at 6:45 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
City Council Special Meeting 04/16/2002
Page 3 of2
CITY OF
ASHLAND
Council Communication
Approval of Architect Selection and
Agreement for Fire Station No.2 Construction
ents: Finance, Legal
Primary Staff Contact: Keith E. Woodley, Fire Chief V
E-mail: woodleyk@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time: 20 minutes
June 6, 2006
Stateme t:
A Request for Qualifications was published on April 3, 2006, for architectural services in conjunction
with the reconstruction of fire station no. 2 at 1860 Ashland Street. Staff is requesting approval of
architectural firm selection and authorization to execute a "Standard Form of Agreement Between
Owner and Architect" for the fire station construction project.
Background:
Public discussion began in 1983 concerning the number and optimum location of fire stations required
to provide emergency services for the community of Ashland. In 1993, a citizen committee was
convened to establish response time standards for fire and emergency medical services within the city.
In September 1995, a fire department space needs study was completed. In July 1998, Council directed
staff to update the space needs study and conceptual drawings were prepared for reconstruction of both
City fire stations. In October 1998, staffwas directed to discuss property acquisition with property
owners adjacent to both existing fire station sites. In November 1999, it was decided to place separate
funding measures for the construction of the new library addition and headquarters fire station on the
ballot. The decision was made to not place a funding measure for fire station no. 2 reconstruction on
the ballot in an effort to reduce the total amount of the bond measures. Land adjacent to fire station no.
1 was acquired and construction of a new headquarters fire station was completed in August 2003.The
reconstruction of fire station no. 2 was identified as a City Council study session topic during council
goal setting in 2005. The study session was conducted on May 4,2005, and the Council was advised
that a funding measure for the project would not be proposed for the November 2005 election due to
insufficient time to complete preparation work. At the October 4, 2005, City Council meeting a project
timeline was presented and approved by Council. The timeline established benchmarks for funds to be
budgeted within the 2006-07 capital improvements budget for architect selection, and the preparation
of a program outline plan, which included an update of the space needs analysis and cost estimates for
the project. When these documents have been prepared, and reviewed by Council, staffwill request
Council to place a funding measure on the November 2006 ballot. In order to complete this work it is
necessary to retain the services of an architectural firm. A Request for Qualifications was published on
April 3, 2006, for architectural services in conjunction with the reconstruction of fire station no. 2. The
following architectural firms submitted proposals and project costs:
Ogden Roemer Wilkerson
Peck, Smiley & Ettlin
r.l1
Our legal department provided an architectural services selection guide which allocates preference
points based on the firm's experience with fire station construction, programmatic approach, design
team experience, quality of consultants proposed for the project, accuracy of cost estimating,
professional references and the proposed cost of services. Proposed costs for the project ranged from
$46,000 - $59,000 for all pre-bond election work and $281,000 to $297,000 for the total project
(includes pre-bond election costs). Peck, Smiley Ettlin Architects were found to possess the greatest
experience in fire station facilities planning and construction, and this firm also had the lowest
proposed cost. As a result of the review of proposals Peck, Smiley Ettlin Architects is the preferred
provider of architectural services for the fire station reconstruction project.
Financial Impact:
Funds have been budgeted for within the Capital Improvement Projects budget for architect selection,
the preparation of a program outline plan, which includes an update of the space needs analysis and
cost estimates for the project. These funds are proposed to be reimbursed from the November 2006
bond proceeds, if approved by voters. If the bond levy is not approved by voters, pre-bond project
development costs will need to be reimbursed from the general fund.
Related City Policies:
The City Council has previously identified this project as a priority for the fire department.
Council Options:
Council may authorize, or choose not to authorize, staff to enter into a "Standard Form of Agreement
Between Owner and Architect" with Peck, Smiley & Ettlin Architects for architectural services in
conjunction with the reconstruction of fire station no. 2 project.
Staff Recommendation:
Staff recommends approval of request to enter into a "Standard Form of Agreement Between Owner
and Architect" with Peck, Smiley & Ettlin Architects.
Potential Motions:
Council motion to authorize staff to enter into a "Standard Form of Agreement Between Owner &
Architect" with Peck, Smiley & Ettlin Architects for architectural services in conjunction with the
reconstruction of fire station no. 2 project.
Attachments:
~ Standard Form of Agreement Between Owner And Architect
~ Excerpted section of Peck, Smiley & Ettlin Architectural Services Proposal
~A'
Date
May 2005
Fire Station No.2 Reconstruction
Project Timeline
Activitv
City Council Approval Of Fire Station
Project Work Plan & Schedule
Prepare Budget & RFQ For Architectural
Design & Construction Services:
~ Space Needs Analysis
~ Construction Programming
~ Site Planning
~ Schematic Design
~ Cost Estimates
February 2006 - May 2006
June 2006
July 2006
August 2006
September 2006
November 2006
January 2007
April 2007
May 2008
Complete Architect Selection
Update Fire Station No.2 Space Needs
Analysis / Program Outline
City Council Project Review
(Decision whether or not to place on
November ballot for bond approval)
If yes, prepare Final Fire Station
Construction Program Outline / Cost
Estimates
Prepare Preliminary Designs with
Design Review Committee
Conduct public open house(s) for
preliminary design review
Bond Measure Election
Development Of Construction Schedule
Begin Construction
Project completion
.
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AGREEMENT BETWEEN
OWNER AND ARCHITECT
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TlON WITH AN
A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TlON.
AGREEMENT
Made as of the
day of
in the year of two thousand and six.
BETWEEN the Owner:
City of Ashland
455 Siskiyou Blvd
Ashland, Oregon 97520
and the Architect:
For the followina oroiect:
Ashland Fire Station NO.2 Improvement Project
Architectural design, engineering and construction services
consisting of programming, site planning, schematic design
and cost estimates.
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the
Architect, Architect's employees and Architect's consultants as enumerated in
Articles 2 and 3 of this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the work.
Upon request of the Owner, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services which may be adjusted
as the Project proceeds, and shall include allowances for periods of time required
for the Owner's review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by
the Owner shall not, except for reasonable cause, be exceeded by the Architect
or Owner.
1.1.3 The services covered by this Agreement are subject to the time limitations
contained in Subparagraph 11.5.1.
1.1.4 The Owner's approvals of documents and other items, e.g., in
Subparagraphs 2.3.1, 2.4.1, and 2.5.1, are not waivers or releases of the
Architect's duty to provide the documents and other items in accordance with this
Agreement and in accordance with applicable professional standards.
1.1.5 The Architect accepts the relationship of trust and confidence established
between the Architect and the Owner by this Agreement. The Architect
covenants with the owner to furnish the best skill and judgment of the Architect
and to cooperate with the Owner, the Owner's representatives, contractors and
other interested parties in furthering the interests of the Owner. In order to
promote successful completion of the Project in an expeditious and economical
manner, the Architect shall provide architectural services for the Owner in all
phases of the Project to which this Agreement applies. The Architect
acknowledges that the Owner is relying on the architect to provide professional
services in a manner that is consistent with the interests of the Owner.
1.1.6 The Architect shall perform the Architect's services as an independent
contractor in accordance with generally accepted standards in the Architect's
profession. The Architect shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by the
Architect. The Architect shall, without additional compensation, correct or revise
any error or deficiencies in the Architect's services that are caused by the
Architect's negligence. The Owner's review, approval acceptance of, or payment
for, any of the Architect's services shall not be construed to waive any of the
Owner's rights under this Agreement or any cause of action arising out of the
Architect's services.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's basic services consist of those described in Paragraphs 2.2
through 2.6 and any other services identified in Article 12 as part of basic
services, and include normal structural, mechanical and electrical engineering
services and all other services that are normally or customarily furnished and
reasonable necessary for the Project.
2.2. SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain
the requirements of the Project and shall arrive at a mutual understanding of
such requirements with the Owner. As part of this review, the Architect shall
attend a series of meetings with the Owner's project team and the Architect's
consultants.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's
program, schedule and construction budget requirements, each in terms of the
other, subject to the limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design
and construction of the Project to contain costs within the Project budget limits.
2.2.4 Based on the mutually agreed-upon program, schedule and Project budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of
Construction Cost based on current area, volume or other unit costs. The
preliminary estimate of Construction Cost shall provide a level of detail
satisfactory to the Owner, and include estimates of Construction Cost for each
category of work involved.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in writing in the program, schedule or
Project budget, the Architect shall prepare, for approval by the Owner, Design
Development Documents consisting of drawings and other documents to fix and
describe the size and character of the Project as to architectural, landscape
architectural, civil engineering, structural, mechanical, environmental, interior
designs, and electrical systems, materials and such other elements as may be
appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary
estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth
in detail the requirements for the construction of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary
bidding information, bidding forms, the Conditions of the Contract, and the form
of Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments to previous
preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest preliminary estimate of Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals and assist in awarding
and preparing contracts for construction.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for
Construction and terminates at the earlier of the issuance to the Owner of the
final Certificate for Payment or 60 days after the issuance of a certificate of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the Contract for Construction
as set forth below and in the edition of AlA Document A201, 1987 Edition
General Conditions of the Contract for Construction as amended by Owner,
unless otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not
be restricted, modified or extended without written agreement of the Owner and
Architect.
2.6.4 The Architect shall be a representative of and shall advise and consult with
the Owner (1) during construction until final payment to the Contractor is due,
and (2) as an Additional Service at the Owner's direction from time to time during
the correction period described in the Contract for Construction. The Architect
shall have authority to act on behalf of the Owner only to the extent provided in
this Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals appropriate to the stage of
construction or as otherwise agreed by the Owner and Architect in writing, to
review the progress and quality of the Work completed and to determine if the
Work is being performed in a manner indicating that the Work when completed
will be in accordance with the Contract Documents. However, the Architect shall
not be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. On the basis of on-site observations as an
architect, the Architect shall keep the Owner informed in writing of the progress
and quality of the Work, and shall endeavor to guard the Owner against defects
and deficiencies in the Work
2.6.6 The Architect shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the Contract
Documents. The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of
any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in
preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when
direct communications have been specially authorized, the Owner and
Contractor shall communicate through the Architect. Communications by and
with the Architect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations of the Contractor's
Applications for Payment and after consultation with the Owner, the Architect
shall review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall constitute a representation
to the Owner, based on the Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the Contractor's Application for
Payment, that, to the best of the Architect's knowledge, information and belief,
the Work has progressed to the point indicated and the quality of Work is in
accordance with the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to
completion and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment shall further constitute a representation that
the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction means, methods,
techniques sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) ascertained
how or for what purpose the Contractor has used money previously paid on
account of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever the Architect considers it necessary or
advisable for implementation of the intent of the Contract Documents, the
Architect will have authority to require additional inspection or testing of the Work
in accordance with the provisions of the Contract Documents, whether or not
such Work is fabricated, installed or completed. However, neither this authority of
the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to
the Contractor, Subcontractors, material and equipment suppliers, their agents or
employees or other persons performing portions of the Work.
2.6.12 The Architect shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and
Samples, for the purpose of assuring that if the Work is performed as shown by
the submittals, it will be in compliance with the Contract Documents, and for the
checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action shall be taken with
such reasonable promptness as to cause no delay in the Work or in the
construction of the Owner or of separate contractors, while allowing sufficient
time in the Architect's professional judgment to permit adequate review. Review
of such submittals is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or
systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The Architect's
review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of construction means, methods, techniques,
sequences or procedures. The Architect's approval of a specific item shall not
indicate approval of an assembly of which the item is a component. When
professional certification of performance characteristics of materials, systems or
equipment is required by the Contract Documents, the Architect shall be entitled
to rely upon such certification to establish that the materials, systems or
equipment will meet the performance criteria required by the Contract
Documents.
2.6.13 The Architect shall prepare Change Orders and Construction Change
Directives, with supporting documentation and data if deemed necessary by the
Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval
and execution in accordance with the Contract Documents, and may authorize
minor changes in the Work not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent with the intent of the
Contract Documents.
2.6.14 The Architect shall conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion, shall receive and
forward to the Owner for the Owner's review and records written warranties and
related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment upon compliance with
the requirements of the Contract Documents.
2.6.15 The Architect is not authorized by the Owner to make any decision
concerning administration of the Contract for Construction that will increase or
decrease the contract time, the contract sum or otherwise materially affect the
rights and obligations of the Contractor or Owner. References in the Agreement
between the Owner and the Architect and the General Conditions of the Contract
concerning decisions and interpretations of the Architect shall be deemed to
mean "recommendations" by the Architect that are subject to approval of the
Owner. The Architect shall make written recommendations on all claims,
disputes, and other matters in question between the Owner and the Contractor
with due diligence.
2.6.16 The Architect's role in resolving claims, disputes, and other matters in
I -,-~--_.-
question between the Owner and Contractor shall be subject to the provisions of
the Contract Documents.
2.6.20 The Architect shall provide a reproducible copy of all Drawings,
Specifications, and other documents to describe fully the finally constructed
Work.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services
unless so identified in Article 12, and they shall be paid for by the Owner as
provided in this Agreement, in addition to the compensation for Basic Services.
The services described under Paragraphs 3.2, 3.3,_and 3.4 shall only be
provided if authorized or confirmed in writing by the Owner. If services described
under Contingent Additional Services in Paragraph 3.3 are required due to
circumstances beyond the Architect's control, the Architect shall notify the Owner
prior to commencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner shall give prompt
written notice to the Architect. If the Owner indicates in writing that all or part of
such Contingent Additional Services are not required, the Architect shall have no
obligation to provide those services
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in
Subparagraph 2.6.5 is required, the Architect shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the
Architect, and the Architect shall be compensated thereof as agreed by the
Owner and Architect. The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of AlA Document
B352 current as of the date of this Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project representation shall
not modify the rights, responsibilities or obligations of the Architect as described
elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other documents when
such revisions are:
.1 inconsistent with approvals or instructions previously given by the
Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
.2 required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents; or
.3 due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.3.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or
the method of bidding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other documentation and
supporting data, evaluating Contractor's proposals, and providing other services
in connection with Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substitutions proposed by
the Contractor and making subsequent revisions to Drawings, Specifications and
other documentation resulting there from.
3.3.5 Providing consultation concerning replacement of Work damaged by fire
or other cause during construction, and furnishing services required in
connection with the replacement of such Work.
3.3.6 Providing services made necessary by the default of the Contractor, by
major defects or deficiencies in the Work of the Contractor, or by failure of
performance of either the Owner or Contractor under the Contract for
Construction.
3.3.7 Providing services in evaluating an extensive number of claims submitted
by the Contractor or others in connection with the Work.
3.3.8 Providing services in connection with a public hearing, arbitration
proceeding or legal proceeding except where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential bids or
providing services in connection with bidding, negotiation or construction prior to
the completion of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and programming the
requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
rr--r-'--
3.4.4 Providing special surveys, environmental studies and submissions
required for approvals of governmental authorities or others having jurisdiction
over the Project.
3.4.5 Providing services relative to future facilities, systems and equipment.
3.4.6 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or other information
furnished by the Owner.
3.4.8 Providing coordination of construction performed by separate contractors
or by the Owner's own forces and coordination of services required in connection
with construction performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction manager
or separate consultants retained by the Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of material, equipment
and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture, furnishings
and related equipment
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equipment, or valuations
and detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showing significant
changes in the Work made during construction based on marked-up prints,
drawings and other data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance, and consultation
during operation.
3.4.18 Providing services after issuance to the Owner of the final Certificate for
Payment, or in the absence of a final Certificate for Payment, more than 60 days
after the date of Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part
of Basic Services.
3.4.20 Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted architectural
practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provided full information regarding requirements for the Project,
including a program which shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project, including the
Construction Cost, the Owner's other costs and reasonable contingencies related to all
of these costs.
4.3 If requested by the Architect, the Owner shall furnish evidence that financial
arrangements have been made to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf
with respect to the Project. The Owner or such authorized representative shall render
decisions in a timely manner pertaining to documents submitted by the Architect in order
to avoid unreasonable delay in the orderly and sequential progress of the Architect's
services.
4.5 The Owner shall, furnish surveys describing physical characteristics, legal limitations
and utility locations for the site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as applicable, grades and lines of
streets, alleys, pavements and adjoining property and structures; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data
pertaining to existing buildings, other improvements and trees; and information
concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be referenced
to a Project benchmark.
4.6 The Owner shall furnish the services of geotechnical engineers when such services
are requested by the Architect. Such services may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of
hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating subsoil conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such
services are reasonably required by the scope of the Project and are requested
by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner may
require to verify the Contractor" Applications for Payment or to ascertain how or for what
purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Paragraphs 4.5 through
4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner
becomes aware of any fault or defect in the Project or nonconformance with the Contract
Documents.
4.11 The proposed language of certificates or certifications requested of the Architect
or Architect's consultants shall be submitted to the Architect for review and approval at
least 14 days prior to execution. The Owner shall not request certifications that would
require knowledge or services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the
Owner latest preliminary estimate of Construction Cost that is approved by the
Owner of all elements of the Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost of current market rates of
labor and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable allowance
for the Contractor's overhead and profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and
for changes in the Work during construction.
5.1.3 Construction Cost does not include the compensation of the Architect and
Architect's consultants, the costs of the land, rights-of-way, financing or other
costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of
Construction Cost and detailed estimates of Construction Cost, if any, prepared
by the Architect, represent the Architect's best judgment as a design professional
familiar with the construction industry. It is recognized, however, that neither the
Architect nor the Owner has control over the cost of labor, materials or
equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Owner's Project budget or from any estimate of Construction Cost
or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of
this Agreement by the furnishing, proposal or establishment of a Project budget,
unless such fixed limit has been agreed upon in writing and signed by the parties
hereto. If such a fixed limit has been established, the Architect shall be permitted
to include contingencies for design, bidding and price escalation, to determine
what materials, equipment, component systems and types of construction are to
be included in the Contract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Documents alternate bids to
adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract Sum occurring after
execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days
after the Architect submits the Construction Documents to the Owner, any
Project budget or fixed limit of Construction Cost shall be adjusted to reflect
changes in general level of prices in the construction industry between the date
of submission of the Construction Documents to the Owner and the date on
which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph
5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner
shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize re-bidding or renegotiating of the Project within a reasonable
time;
.3 if the Project is abandoned, terminate in accordance with Paragraph
8.3; or
.4 cooperate in revising the Project scope and quality as required to
reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4., the Architect,
without additional charge, shall modify the Contract Documents as necessary to
comply with the fixed limit, if established as a condition of this Agreement. The
modification of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit. The Architect shall
be entitled to compensation in accordance with this Agreement for all services
performed whether or not the Construction Phase is commenced.
ARTICLE 6
USE OF ARTCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 All work, including all data, drawings, documents, plans, copyrights, specifications,
working papers and any other materials the Architect produces in connection with the
Agreement shall be considered work made for hire and shall be the property of the
Owner. Upon completion or termination of the Agreement the Architect shall deliver
these materials to the Owner. The Architect may retain for its own use and at its own
cost copies of all work made for hire. Any use or reuse the Owner makes of the work
made for hire other than the use for which the work was initially commissioned shall be
at the Owner's risk.
ARTICLE 7
ARBITRATION
7.1 There shall be a default under this Agreement if either party fails to perform any act
or obligation required by this Agreement within fifteen days after the other party gives
written notice specifying the breach with reasonable particularity. If the breach specified
in the notice cannot be completely cured within the fifteen day period, no default shall
occur if the party receiving the notice begins performance of the act or obligation within
the fifteen day period and thereafter proceeds with due diligence and in good faith to
cure the breach as soon as practicable.
7.2 Notwithstanding Paragraph 7.1, either party may declare a default by written notice
to the other party, without allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this Agreement.
7.3 In the event of a default, before either party may bring an action in any court
concerning this Agreement, such party must first seek in good faith to resolve the issue
through negotiation, mediation or through other non-binding alternative dispute
resolution.
7.4 Pending final resolution of a dispute, or pending termination of this Agreement under
this article, the parties shall proceed diligently with the performance of this Agreement.
7.5 If a default occurs and it is not resolved under Paragraph 7.3 above, the party injured
by the default may elect to terminate this Agreement and pursue any equitable or legal
rights and remedies available under Oregon law. All remedies shall be cumulative.
7.6 Any litigation arising out of the Agreement shall be conducted in Circuit Court of the
State of Oregon For Jackson County.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 In addition to the right to terminate this Agreement under Article 7 as amended by
this exhibit, the Owner may terminate by giving the Architect written notice thirty days
prior to the termination date.
8.2 If the Owner terminates this Agreement under Paragraph 8.1, the Architect may
complete such analyses and records as may be necessary to place its files in order and
if necessary to protect the Architect's professional reputation, to complete a report on the
Architect's services performed to date of termination.
8.3 If the owner terminates this Agreement under Paragraph 8.1 , the Architect shall be
paid for all fees earned and reimbursable incurred prior to the termination date plus
reasonable termination expenses. The Architect shall not be entitled to compensation for
lost profits.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 This Agreement will be governed by and construed in accordance with laws of the
State of Oregon. The Architect shall promptly observe and comply with all present and
future laws, orders, regulations, rules and ordinances of federal, state and local
governments with respect to the Architect's services.
9.2 Terms in this Agreement shall have the same meaning as those in AlA Document
A201, General Conditions of the Contract for Construction, 1987 Edition as amended by
Owner.
9.3 In the event of any breach of this Agreement by the Architect or negligent
performance of any of the services, the Owner's cause of action against the Architect
shall not be deemed to accrue until the Owner discovers such breach or negligence, or
should have, with reasonable diligence, discovered such breach or negligence.
However, the preceding sentence shall not be construed to allow the Owner to
prosecute an action against the Architect beyond the maximum time limitation provided
by Oregon law.
9.4 The Owner and Architect waive all rights against each other and against the
contractors, consultants, agents and employees of the other for damages, but only to the
extent covered by property insurance during construction, except such rights as they
may have to the proceeds of such insurance as set forth in the edition of AlA Document
A201, General Conditions of the Contract for Construction, 1987 Edition as amended by
Owner. The Owner and Architect each shall require similar waivers from their
contractors, consultants and agents.
9.5 The Owner and Architect, respectively bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither Owner nor Architect shall assign this
Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated agreement between the Owner
and Architect and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement, the Architect and Architect's
consultants shall have no responsibility for the discovery, presence, handling, removal or
disposal of or exposure of persons to hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances. However, the Architect shall report to the Owner the presence
and location of all hazardous material of which the Architect becomes aware.
9.9 The Architect shall have the right to include representations of the design of the
Project, including photographs of the exterior and interior, among the Architect's
promotional and professional materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has previously advised the
Architect in writing of the specific information considered by the Owner to be confidential
or proprietary. The Owner shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the Project.
9.10 The services covered by this Agreement shall be rendered by the Project team
identified in the Architect's proposal. shall act as the Architect's
representative in all communications and transactions with the Owner. The Architect
shall endeavor in good faith to honor reasonable specific requests of the Owner with
regard to assignment of the Architect's employees to perform services if the requests are
consistent with sound business and professional practices.
9.11 The Owner reserves the right to approve subcontracts with consultants that the
Architect proposes to retain for electrical and mechanical engineering and other services
covered by this Agreement. The Owner's approval shall not be unreasonably withheld.
9.12 The Architect shall endeavor in good faith to honor reasonable specific requests by
the Owner to retain consultants for lighting, acoustical engineering, and interior design, if
the requests are consistent with sound business and professional practices. If the
Architect does not consent to a request by the Owner to retain a consultant, the Owner
shall have the right to contract directly with the consultant, and in that event, the
Architect shall coordinate, but shall not be responsible for, the quality of the consultant's
services.
9.13 The Architect shall defend, indemnify, and hold harmless the Owner, its officers,
agents, and employees harmless from any and all claims, actions, costs, judgments,
damages, or other expenses resulting from injury to any person (including injury
resulting in death) or damage to property (including loss or destruction), of whatsoever
nature, arising out of or incident to the Architect's negligence (including but not limited to,
the acts or omissions of the Architect's employees, agents and others designated by the
Architect to perform services covered by this Agreement). The Architect shall not be held
responsible for any claims, actions, costs, judgments, damages, or other expenses
directly and proximately caused by the negligence of the Owner, the construction
contractor, or any consultant retained by the Owner pursuant to Paragraph 9.11.
9.14 The purpose of Subparagraph 9.13 above is to allocate risk for claims between
Owner and Architect. Nothing in this Agreement is intended to extend any rights to any
other person or organization or to waive any rights to indemnity that Owner or Architect
may have under the Contract Documents. To the extent permitted by law, the Contract
Documents shall require the construction contractor to defend, indemnify and hold
harmless the Owner and the Architect from any claims arising from the construction of
the Project and to carry liability insurance for such claims.
9.15 The Architect shall, at its own expense, at all times during the term of the
Agreement, maintain in force a comprehensive general liability policy including
coverage for professional errors and omissions and a comprehensive automobile liability
policy including owned and non-owned automobiles. The coverage under each liability
insurance policy shall be equal to or greater than the limits for claims made under the
Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined
single limit for bodily injury and $100,000 per occurrence for property damage.
Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to
the commencement of any services by the Architect. Each certificate shall state that
coverage afforded under the policy cannot be canceled and restrictive modifications
cannot be made until at least 30 days prior written notice has been given to the Owner.
A certificate which states merely that the issuing company "will endeavor to mail" written
notice is unacceptable.
9.16 The Architect is engaged by the Owner as an independent contractor in accordance
with the standards prescribed in ORS 670.600. The Architect shall be responsible for the
payment of:
.1 Social Security, Federal and State withholding taxes for the wages paid to the
Architect's employees.
.2 Taxes on payments to the Architect's principals and shareholders.
9.17 The Architect's officers, principals and employees shall not be deemed employees
of the Owner and shall not be entitled to any benefits from the Owner that generally are
granted to the Owner's employees, such as vacation, holiday and sick leave, other
leaves with pay, medical and dental coverage, life and disability insurance, overtime,
worker's compensation, unemployment compensation and retirement benefits.
9.18 The Architect shall comply with applicable provisions of ORS ORS 279C.505,
279C.515, 279C.520, and 279C.530. Pursuant to ORS 279C.520(2) any person
employed by the Architect who performs work under this Agreement shall be paid at
least time and a half pay for all overtime in excess of 40 hours in anyone week, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to
653.261 or under 29 U.S.C. Sections 201 to 209.
9.19 The Architect is a "subject employer" as defined in ORS 656.005 and shall comply
with ORS 656.017. Prior to commencing any work, the Architect shall certify to the
Owner that the Architect has worker's compensation coverage required by ORS Chapter
656. If the Architect is a carrier insured employer, the Architect shall provide the Owner
with a certificate of insurance. If the Architect is a self-insured employer, the Architect
shall provide the Owner with a certification from the Oregon Department of Insurance
and Finance as evidence of the Architect's status.
9.20 The Architect shall maintain all licenses and certificates that are required by law for
performing architectural services, including, but not limited to, certificates of registration
required by ORS Chapter 671.
9.21 Any notice required to be given under this Agreement or any notice required to be
given by law shall be in writing and may be given by personal delivery, mail, or facsimile
transmission. This paragraph shall not be construed to excuse either party from giving
notice in accordance with applicable laws.
9.22 No provision of this Agreement shall be deemed waived unless such waiver is in
writing and signed by the party waiving its rights. Any waiver of a breach by either party,
whether express or implied, shall not constitute waiver of any other breach.
9.23 If any provision of this Agreement is held by a court to be invalid, such invalidity
shall not affect any other provision of this Agreement. This Agreement shall be
construed as if such invalid provision had never been included.
9.24. If the amount of this contract is $16,379 or more, Consultant is required to
comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as
defined in this chapter, to all employees performing work under this contract and to any
subcontractor who performs 50% or more of the service work under this contract.
Consultant is also required to post the attached notice predominantly in areas where it
will be seen by all employees.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct salaries of the
Architect's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insurance, sick leave,
holidays, vacations, pensions and similar contributions and benefits.
10.2 REMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and
Additional Services and include expenses incurred by the Architect and
Architect's employees and consultants in the interest of the Project, as identified
in the following Clauses.
10.2.1.1 Expense of transportation in connection with Project; expenses in
connection with authorized out-of-town travel; long-distance communications;
and fees paid for security approval of authorities having jurisdiction over the
Project.
10.2.1.2 Expense of reproductions, postage and handling of Drawings,
Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess of that
normally carried by the Architect and Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting equipment time when
used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment
under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed within each phase
of service, on the basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph
11.5.1 of this Agreement is exceeded or extended through no fault of the
Architect, compensation for any services rendered during the additional period of
time shall be computed in the manner set forth in Subparagraph 11.3.2
10.3.4 When compensation is based on a percentage of Construction Cost and
any portions of the Project are deleted or otherwise not constructed,
compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated
proposal, or (2) if no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction Cost for such
portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of the
Architect's statement of services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from payments to
contractors, or on account of the cost of changes in the Work other than those for
which the Architect has been found to be liable
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable
Expenses and expenses pertaining to Additional Services and services
performed on the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually
convenient times.
10.6.2 The Architect shall develop and maintain complete books of account and
other records on the Architect's services which are adequate for evaluating the
Architect's performance. The Architect's records shall provide a clear distinction
between the expenditures and revenues related to the Project and the
expenditures and revenues related to the Architect's other business.
10.6.3 The Owner shall have the right to request an audit of the Architect's books
and records by a certified public accountant retained by the Owner.
10.7 The Owner shall not be indebted or liable for any obligation created by this
Agreement in violation of the debt limitation of Article XI, Section 10 of the Oregon
Constitution.
10.8 The Owner shall not be liable for any expenditure under this Agreement for which
statutory appropriation has not been made pursuant to ORS 294.305 et seq. (Local
Budget Law.
10.9 The Owner has appropriated funds for the Architect's services that will be provided
during the fiscal year that ends on June 30, 2006. In the event no funds or insufficient
funds to pay Architect's services are appropriated for subsequent fiscal years, the Owner
shall notify the Architect as soon as the budgetary decision is made, and this Agreement
shall terminate on the last day of the fiscal year for which appropriations are made. Such
notice is a condition precedent to invoking the limitation on payment stated in Paragraph
10.8.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Dollars ($ ) shall be made
upon execution of this Agreement and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services
included in Article 12 as part of Basic Services, Basic Compensation shall be
computed as follows: (Insert basis of compensation, including stipulated sums,
multiples or percentages, and identify phases to which particular methods of
compensation apply, if necessary.)
The Owner shall pay, in accordance with Subparagraph 11.2.2, Basic
Compensation in the amount of the following stipulated sum:
dollars ($ ).
11.2.2 When compensation is based on a stipulated sum or percentage of
Construction Cost, progress payments for Basic Services in each phase shall
total the following percentages of the total Basic Compensation payable: (Insert
additional phases as appropriate.)
PHASE PERCENTAGE IN NUMERALS
Preliminary Design Phase 15%
Design Development Phase 20%
Construction Document Phase 42%
Construction Administration Phase: 20%
Expenses 3%
Total Basic Compensation 100%
The architect fee proposal will provide a break-out of charges based on the
above listed project phases.
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as
described in Paragraph 3.2, compensation shall be computed as follows:
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in
Articles 3 and 12, other than (1) Additional Project Representation, as described
in Paragraph 3.2, and (2) services included in Article 12 as part of Basic
Services, but excluding services of consultants, compensation shall be computed
as follows: (Insert basis of compensation, including rates and/or multiples of
Direct Personnel Expenses for Principals and employees, and identify Principals
and classify employees, if required. Identify specific seNices to which particular
methods of compensation apply, if necessary.)
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those provided
under Subparagraph 3.4.19 or identified in Article 12 as part of Additional
Services, a multiple of ( ) times the amounts billed to the Architect for such
services.
(Identify specific types of consultants in Article 12, if required.)
11.3.3.1 The project consultants will be as follows:
Electrical & Mechanical Engineers
Structural Engineers
Civil Engineers
Soils Engineers
Level 1 Survey
Hazardous Materials Survey
Traffic Engineers
Topographical & Boundary Survey
Landscape Architects
Consulting Architect
Cost Estimator
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and
any other items included in Article 12 as Reimbursable Expenses, a multiple of
( ) times the expenses incurred by the Architect, the Architect's employees and
consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been
completed within ( ) months of the date hereof, through no fault of the
Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable () days from the date of the
Architect's invoice. Amounts unpaid () days after the invoice date shall
bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
Interest rate for delinquent payments:
11.5.3 The rates and multiples set forth for Additional Services shall be annually
adjusted in accordance with normal salary review practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1 The Owner's representative, authorized to act on the Owner's behalf, shall be:
James A. McNamara, PE. The Architect's representative, authorized to act on the
Architect's behalf, shall be: . Either party may substitute another
representative by giving notice to the other party.
12.2 The scope of work is as follows:
1. Provide preliminary design services as follows:
~ Review and update fire station no. 2 space needs analysis.
~ Complete concept studies for proposed sites.
~ Provide programming analysis review and revision.
~ Develop preliminary conceptual design diagrams.
~ Meet with department personnel to gather input on proposed site
development & floor plans.
~ Prepare preliminary site & floor plans to scale.
2. Provide design development services as follows:
~ Revise detailed site & floor plans from approved concept plans.
~ Provide elevation I section studies
~ Meet with community design committee to gather input on
proposed exterior designs and materials.
3. Provide preliminary bond election package materials as follows:
~ Prepare project site preparation and construction cost estimates.
~ Provide analysis of value engineering options.
~ Prepare architectural renderings for community display and
website posting.
~ Conduct community open house regarding proposed designs
~ Assist with preparation of bond election materials relative to cost
estimates
4. Provide planning analysis and submissions
~ Preparation of planning application documents
~ Presentation of planning application to Planning Commission
~ Findings to be developed by architect.
5. Provide construction administration services
~ Provide bidding services, conduct bid opening. (City will print bid
documents)
~ Construction meetings as required.
~ Review of all submittals.
~ Response to RFI's and other technical information requests.
~ Review of payment requests and project close-out.
This Agreement is executed under seal as of the day and year first written above.
OWNER
ARCHITECT
(Signature)
(Signature)
(Date)
(Date)
?OE:>1-pot\ed
-'co \.0\ ~)Olo D
Council Communication
Adoption of Findings Regarding the Formation VI "11~ nC"Vaua ~.~~ LID
Meeting Date: June 6, 2006 Primary Staff Contact: James H. Olson, 552-241f)IJ
Department: Public Works / Engineering E-mail: olsonj@ashland.or.us
Contributing Departments: Le~ Secondary Staff Contact: Mike Frannell, 552-2090
Approval: Martha Bennett 'to\" E-mail: frannelm@ashland.or.us
"~ Estimated Time: 20 Minutes
Statement:
The opinion for Circuit Court Case No. 04-397123(7), Art Bullock vs The City of Ashland, was
received on May 22, 2006. The court record indicated that it was devoid of findings on the part
of the Ashland City Council on two issues pertaining to the formation of the Nevada Street LID.
1. The court directed the Council to enter findings on how the boundaries of the LID were
established; and
2. The court directed that the council enter findings to indicate why the Council decided to
proceed with the formation of the LID despite stated conflicts of interest.
The court further directed the City to provide the necessary findings within 45 days of the
approval of the court's opinion (May 17, 2006). The required findings are provided for Council
approval.
Background:
On August 3, 2004 Council approved Resolution No. 2004-30 which set a public hearing
pursuant to the formation of the Nevada Street LID. The public hearing was held on September
7,2004 as ordered and the LID was formed by Resolution No. 2004-31. Council
Communications submitted for each of these council actions, along with oral presentations by
Paula Brown and Jim Olson, fully addressed the issues of the LID boundary and the possible
conflict of interest.
Following is a brief summary of the two issues at question:
1. Formation of the LID Boundary
Proponents of the LID argued that all residents of the surrounding subdivisions (Quiet
Village Subdivision Units #1, 2 and 3, Lynn Estates Subdivision, Williams Subdivision
Unit 1, Cedar Homes Subdivision and Old Helman Ranch Subdivision) or at a minimum
all lots north of Nevada Street should be included within the LID since all would be
impacted by any changes to traffic patterns or conditions on Nevada Street. By
expanding the boundaries to the surrounding area more citizens would have an actual
vote in the formation of the LID. Staff countered that there is a vast difference in being
"impacted" and being "benefited." Those properties which actually have a physical
frontage on Nevada Street would receive a direct and positive benefit from the
improvement including, but not limited to, the following:
a. Direct improvements to the front yards of many homes along the street would
add value to the property. The sidewalk project would improve the frontage of
homes along the street by providing a uniform border for landscaping, by
G:\pub-wrks\eng\dept-admin\LID\Nevada LID CC re Adoption of Findings 506.doc
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Page 1 of4
removing several unsightly dead trees, by removing or trimming overgrown
shrubbery, and by providing additional plantings. The overall visual appeal of
these homes will be enhanced.
b. A direct safety benefit would be derived for those families residing on Nevada
Street who have children who play in or occupy the street in front of their homes.
Slower traffic and improved safetyfeatures represent a direct benefit to these
families.
c. Many areas where concrete driveways are in disrepair or are not to code will be
reconstructed to provide a smoother and obstacle free walkway.
d. The most important element of any traffic calming project is to change the image
of the street to one which is more pedestrian friendly. It reminds motorists that
this area is first and foremost a residential neighborhood and not a thoroughfare.
This project is aimed at changing the image of Nevada Street to one which is
more livable and this has a most direct benefit upon those fronting the street.
The Billings Ranch Subdivision was included within the LID boundary as a condition of
approval by the Planning Commission. This 72 lot subdivision will add a significant
amount of traffic onto Nevada Street and the Planning Commission ruled that the
subdivision should participate fully in the LID.
The LID boundary includes all lots with actual frontage on Nevada Street between
Helman Street and the east boundary of the Billings Ranch Subdivision and all lots
within the Billings Ranch Subdivision. The LID is comprised of 72 lots within the Billings
Ranch Subdivision and 53 lots with frontage on Nevada Street.
Historically, Ashland's LID boundaries have been formed on the basis of frontage on the
street to be improved. In fact, up until 1999 all LID assessments were computed based
on the amount of street frontage per lot. Assessments were historically determined on a
cost per frontage foot basis.
The 2002 Tolman Creek Road LID is the sole LID which assigned benefit beyond the
actual lot frontage. Tolman Creek Road is considered a major collector I arterial street
and the improvements were above and beyond the normal residential street
requirements including sidewalks and bikelanes on both sides of the street, full street
reconstruction, oversized storm drains and multiple traffic calming and pedestrian safety
improvements. Additionally many of the subdivisions surrounding Tolman Creek Road
were required, by prior planning actions to be included within the LID boundary.
2. Formation of the LID
At the September 7,2004 Council meeting, Public Works Director Paula Brown declared
a potential conflict of interest as she and her husband own property within the LID
boundary (800 Cambridge Street). Besides this declaration for the record, Ms. Brown
had relegated all decisions pertaining to the formation of the LID and its proposed
boundaries to Project Manager James Olson. Ms. Brown did not benefit financially due
to her property ownership or her position with the City. Ms. Brown received the same
benefits and considerations that would have been offered to any other property owner
within the improvement district.
G:\pub-wrks\eng\dept-admin\LID\Nevada LID CC re Adoption of Findings 506.doc
Page 2 of 4
r~'
Related City Policies:
The action filed by Art Bullock constitutes a writ of review as prescribed under ORS 34.020
through 34.040.
Section 34.040 states that a writ shall be allowed in all cases in which a substantial interest of a
plaintiff has been injured and the City, in the exercise of judicial or quasi-judicial functions,
appears to have:
1. exceeded it's jurisdictions;
2. failed to follow the procedure applicable to the matter before it;
3. made a finding or order not supported by substantial evidence in the whole record;
4. improperly construed the applicable law; or
5. rendered a decision that is unconstitutional.
Since no findings were adopted, the court is unable to make a final determination under ORS
34.040 and has ordered the Council to adopt findings at this time.
Council Options:
Council may adopt the attached findings as prepared or may make whatever changes it deems
appropriate and then adopt the revis~d findings.
Staff Recommendation:
Staff recommends that the attached findings be adopted as quickly as possible so that the
approved and signed findings can be forwarded to the court in a timely manner.
Potential Motions:
Council may move to adopt the attached Findings, Conclusions and Orders or
Council may move to adopt the attached Findings, Conclusions and Orders with changes.
Attachments:
1. Circuit Court Case No. 04-397123(7) Opinion
2. Findings, Conclusions and Orders with attachments
G:\pub-wrks\eng\dept-admin\LID\Nevada LID CC re Adoption of Findings 5 06.doc
Page 3 of 4
'4.'
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
June 5, 2006
IN THE MATTER OF RESOLUTION SETTING A PUBLIC
HEARING AND ORDERING THE FORMATION OF THE
WEST NEV ADA STREET LOCAL IMPROVEMENT
DISTRICT FOR SIDEWALK AND TRAFFIC CALMING
IMPROVEMENTS ON WEST NEVADA STREET FROM
HELMAN STREET WEST TO THE BILLINGS RANCH
SUBDIVISION
APPLICANT: City of Ashland
RECITALS:
)
) FINDINGS.
) CONCLUSIONS
) AND ORDERS
)
)
)
)
)
)
1) On August 3, 2004, Council approved Resolution No. 04-30 to set a public
hearing with intent to form a local improvement district for sidewalk and traffic
calming improvements to West Nevada Street.
2) The Nevada Street LID boundary was approved by Council as being all those lots
with frontage on Nevada Street from Helman Street west to the Billings Ranch
Subdivision (53 lots) and all of those lots within the Billings Ranch Subdivision'
(72 lots).
3) The Council, following proper public notice held a public hearing on September
7, 2004 at which time a staff presentation was made, citizen testimony received
and exhibits presented. Council approved Resolution No. 04-31 authorizing and
ordering the improvements to Nevada Street consisting of sidewalks, curb
extensions, planter areas, pedestrian safety improvements and drainage and
associated improvements.
Now, therefore, the City Council ofthe City of Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the following exhibits will be used:
Exhibit 1 - Council Communication dated August 3, 2004
Exhibit 2 - Minutes of the August 3, 2004 Council meeting
Exhibit 3 - Resolution No. 04-30 setting a public hearing
C:\DOCUME-I\shipletd\LOCALS-I\Temp\Nevada St City Council Combined Findings 5 06.doc
Page I of4
Exhibit 4 - Council Communication dated September 7, 2004
Exhibit 5 - Minutes of the September 7, 2004 Council meeting
Exhibit 6 - Resolution No. 04-31 authorizing and ordering the improvement of
Nevada Street under the Nevada Street LID No. 85
SECTION 2. CONCLUSORY FINDINGS REGARDING BOUNDARY DETERMINATION
2.1 The City Council finds that it has received all information necessary to make a
decision based on the Council Communication dated August 3, 2004 and
September 7, 2004, public hearing testimony and the exhibits received.
2.2 The proposed LID boundary included lots fronting on Nevada Street (53
properties) from Helman Street west to and including the new Billings Ranch
Subdivision as depicted on the map attached to Resolution No. 04-30. This
boundary was selected as these 53 properties would be directly benefited by the
improvements along Nevada Street. Helman Street marks the beginning ofthe
residential district and since sidewalks are already in place between Helman
Street and Oak Street, that block was not considered for inclusion. The Billings
Ranch Subdivision (72 properties) was included as a condition of their planning
approval in accordance with the requirements of AMC 18.80.060 Bol. which
reads:
B. Improvements requirements.
Improvements to be installed at the expense of the land divider are as
follows: . . . 2. Exterior unimproved streets. When part of a proposed
subdivision or major land partition abuts and existing unimproved street,
the property owner, or a representative, shall satisfy the minor lands
partition improvements requirements and sign an agreement in favor of
improving said street in the future to full City standards as outlined in
this Section.
The proposed boundary was consistent with other neighborhood sidewalk and
traffic calming LIDs (Helman, Penny/Palmer) as only those properties directly on
the affected streets were included in the LID boundary area.
There had been some discussion that all of the Quiet Village Neighborhood or at
least all of the homes north of Nevada Street should be included in the LID
boundary as all will be affected by the improvements as most all residents travel
some part of Nevada Street to access their homes. The only LID in recent years
that went beyond the immediate street improvement area was Tolman Creek
Road. Tolman Creek Road is considered a major collector / arterial street and the
improvements were full street improvements (street reconstruction and overlay,
new storm drain system, sidewalks on both sides, traffic calming planters, etc.). In
that case, the boundary was extended to include all homes that directly and
C:\DOCUME-l\shipletd\LOCALS-l\Temp\Nevada St City Council Combined Findings 5 06.doc
Page 2 of 4
indirectly accessed Tolman Creek Road. This requirement was further reinforced
by the fact that nearly all subdivisions were required to participate in the LID as a
condition of the planning approval.
2.3 It was necessary that the Nevada Street Sidewalk and Traffic Calming LID be
formed by Council initiative in accordance with AMC Section 13.20.020.
Although staffhas worked with the neighbors and has received general consensus
. for the formation of the LID, actual signed petitions in favor of the LID had not
been collected by staff. However, in August, 2004 Staff sent a letter to each of the
property owners within the LID boundary and requested they return a postcard
marking their choice regarding formation of the LID. A clear majority of the
respondents were in favor of the LID. This information was presented at the
public hearing.
2.4 The proposed Nevada Street Local Improvement District is consistent with the
2002-2003 Capital Improvement Plan and identified in the 2002-2003 budget
adopted by Council in June, 2001.
SECTION 3. CONCLUSORY FINDINGS REGARDING CONFLICT OF INTEREST
3.1 The City Council finds that it has received all information necessary to make a
decision based on the Council Communications dated August 3, 2004 and September
7, 2004, public hearing testimony and the exhibits received.
3.2 At the September 7,2004 Council meeting Public Works Director Paula Brown
verbally declared a potential conflict of interest as she and her husband owned
property at the comer of Nevada Street and Cambridge Street (800 Cambridge Street)
which is located within the assessment district boundary. Ms. Brown took efforts to
mitigate any potential conflict by relegating all decisions regarding the formation of
the assessment boundary and other similar issues to Project Manager James Olson.
3.3 Council determined that Ms. Brown did not benefit financially from her ownership of
the property resulting from her position within the City and that she had taken the
proper steps to ensure that any conflict was mitigated. It was further determined that
Ms. Brown did not receive any benefits or considerations beyond that which would
have been available to any other citizen. Council determined that the potential
conflict should have no bearing upon the formation of the local improvement district.
SECTION 4. DECISION
4.1 Based on evidence contained within the whole record on this matter, the City Council
concludes that the establishment of the LID boundary is justified as presented by staff
and is supported by evidence contained within the record.
4.2 Council further concludes that the conflict of interest as stated by Paula Brown has
been fully mitigated and has no impact upon the formation ofthe LID.
C:\DOCUME-I\shipletd\LOCALS-I\Temp\Nevada St City Council Combined Findings 506.doc
Page 3 of 4
4.3 Therefore, based on our overall conclusions, the City Council authorizes formation of
the LID.
CITY OF ASHLAND, OREGON
By: John Morrison, Mayor Date
C:\OOCUME-I\shipleld\LOCALS-I\Temp\Nevada Sl City Council Combined Findings 5 06.doc Page 4 of 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Approval:
Review of Initiated Measure-Amends Charter Requiring Voter Approval of
Property Transfer Tax
Primary Staff contac~bara Christensen
488-5307 christeb@ashland.or.us
Estimated time: 10 minutes
June 6, 2006 P
City Recorder v1II J
Martha Bennett l'l 't;
Statement:
A qualified initiated measure for the November 2006 ballot was received by the City Recorder's
Office on May 24, 2006 and as is required, has been filed with the city governing body no later
than the next meeting of the council.
Background:
An initiative petition process to amend the City Charter "Requiring Voter Approval of a Property
Transfer Tax" began on March 17,2005.
As the City Elections Officer, the City Recorder verified that the proposed charter amendment
complied with the procedural constitutional requirements and forwarded the prospective
initiative petition to the City Attorney's Office. The City Attorney prepared the ballot title and
the City Recorder proceeded with the noticing requirements.
The Chief Petitioners were notified by the City Recorder that they had met the requirements for
circulating a petition on April 7, 2005.
On May 24, 2006 the required number of signatures was submitted to the City Recorder for the
review by City Council. Our City Municipal Code states that the required number of signatures
for an initiative is 15% of the total number of votes cast in the last Mayoral election, which
amounted to 1,582. The number of signatures verified for the initiated measure was 1,601.
As required by City Code, a deposit in the amount of $200 has been received.
Council Options:
State requires that this be submitted to city electors at the next available election date which is no
sooner than the 90th day after the completed initiative petition was filed with the city governing
body. The next available election date is November 7, 2006.
The Council may also refer a competing measure to the ballot at the same election where the
initiated measure will appear. If the council chooses to refer a competing measure, the measure
must be prepared no later than the 30th day after the initiated measure is filed with the city
council. This date would be no later than July 6, 2006.
,.,
Staff Recommendation:
None
Potential Motions:
Motion to refer initiated measure "Amends Municipal Charter Requiring Voter Approval of
Property Transfer Tax" to the city electors.
Attachments:
Initiated Measure
2
INITIATED MEASURE
FILED IN THE OFFICE OF THE CITY RECORDER
CITY OF ASHLAND
May 24, 2006
NOTICE IS HEREBY GIVEN that an initiated measure has met the required number of
signatures for an initiative and has been filed with the City Recorder.
The initiated measure is as follows:
CAPTION:
"AMENDS MUNICIPAL CHARTER REQUIRING VOTER
APPROVAL OF A PROPERTY TRANSFER TAX".
QUESTION:
"Shall Article 12, Section 4, be added to the Ashland City Charter
requiring voter approval of any property transfer tax?"
EXPLANATION:
"Currently state statute prohibits local governments, including cities, from
enacting and assessing any tax on the transfer of real property. If the state
laws were amended to allow the enactment of real property taxes, it may
be possible for the city to enact a real property transfer tax without
submitting the tax to the voters of Ashland. Passage of this measure
would amend the city's charter to require voter approval before any real
property transfer tax could be enacted in Ashland."
...
~
,
",.
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Council Communication
Adoption of Findings for Planning Action 2004-141 - Annexation and
Zone Change (Jackson County Rural Residential RR-5 to City of
Ashland Low Density Multi-Family R-2) for an approximately 10-acre
parcel located on the east side of Clay Street, north of Ashland
Street, at 380 Clay Street.
Meeting Date: June 6, 2006
Department: community~ D. velopment
Contributing Departments: .~~
Approval: Martha Bennett \\N\
Primary Staff Contact: Bill Molnar, 55~-~
bill@ashland.or.us 7 {,V'^
Secondary Staff Contact: Mike Franell, -
552-2105
Estimated Time: 20 minutes
Statement:
At the March 21, 2006 meeting, the Council approved the application for an Annexation of a 10-
acre parcel located at 380 Clay Street. Attached are the findings supporting that decision for
adoption by the City Council.
Background:
The attached proposed findings supporting the Council's decision to approve the Planning
Action were initially written by Chris Hearn, Attorney for the applicant. Legal and Planning
Department staffhave reviewed the findings and have amended condition # 28 in the document
to reflect the decision of the Council based upon evidence in the record.
At the Council hearing on this matter, staff had suggested a condition # 27 related to the timing
of affordable housing construction. This condition has been incorporated within the proposed
findings document. Included with the motion to approve the annexation was a condition # 28.
This condition required the applicant to provide a conservation easement or comparable
instrument over the two proposed larger open space areas, one at the northwest comer and one at
the southwest comer. It is staff's understanding that this condition was intended to provide
perpetual protection of the wetland area (northwest comer), as well as the open space containing
several large poplar trees.
The applicant has stated in a letter provided by their attorney that they find the proposed
condition # 28 somewhat problematic. The applicant's attorney notes that it is the applicant's
intention to sell the southwest parcel, which contains the older residence, out buildings and
poplar trees. The residence will be renovated and the parcel occupied by an Ashland family.
Consequently, the letter states: "It is therefore important that the scope of any conservation
1
'A'
easement still allow flexibility for the family to use their property for typical and reasonable uses
which any homeowner would expect." The written correspondence further explains that the
future property owner of the southwest comer, whoever that may be, may seek to redevelop the
parcel at a later date consistent with the R-2 zoning designation.
Staff Recommendation:
It is staffs opinion that the proposed wording of condition # 28 accurately reflects Council
discussion and the motion to approve the annexation at the March 21, 2006 meeting. If the
Council chooses, they may instruct staff to work with the applicant to ensure that the wording of
the conservation easement (or similar restrictive covenant) clearly permits flexibility for the
owner of the southwest parcel to use the property for typical and reasonable uses which any
homeowner would expect.
The decision of the Council, in staffs opinion, did not contemplate the future development of
multiple housing units on the property. If a future property owner wishes to develop additional
housing units on the property at a later date, the property owner would need to prepare a land use
application for an amendment to a condition of approval. This is permitted under the Procedures
section 18.108.040 of the Ashland Land Use Ordinance. Such a request would require public
notice to surrounding property owners and would need to comply with all relevant land use
approval standards including those related to affordable housing.
Staff recommends that the Council either adopt the findings as presented, or modify and adopt
the findings.
Council Options:
The Council may adopt the findings as presented or modify the findings and adopt the
modification.
Potential Motions:
Move to adopt the findings for approval of Planning Action 2004-141.
Move to modify and adopt the findings for approval of Planning Action 2004-141.
Attachments:
Council Findings, Conclusions, and Orders supporting P A 2004-141
Minutes of the regular Council meeting of March 21, 2006
Letter from Christian E. Hearn, Attorney
Planning Commission Findings, Conclusions, and Orders for P A 2004-141
Tree Protection Plan/Tree Removal Plan
Topographic survey of property with tentative wetland delineation and poplar tree inventory
2
?ob~or\ed
~ \Ql<6(o\o
Council Communication
Purchase of Environmentally Preferred Power from BP A
Meeting Date: June 6, 2006
Department: Electric
Contributing Depart. NI A
Approval: Martha Bennett
Primary Staff Contact: Dick Wanderscheid,
552-2061 wandersd@ashland.or.us
Secondary Staff Contact: NI A
Estimated Time: 20 minutes
Statement:
The City has been purchasing Environmentally Preferred Power (EPP) from the Bonneville
Power Administration (BPA) since 2001. Our yearly purchase has equaled laMW (8,760,000
kWh's) or about 5% of our power requirement under a 5 year contract (2001-2006). This
contract expires on September 30, 2006, and the City needs to decide if we want to purchase EPP
again during our next 3-year rate period.
Background:
The City of Ashland has been purchasing 1 aMW of EPP from BP A as a part of our wholesale
supply mix. This power represents about 5% ofthe approximate 20 aMW total electric load that
the City purchases from BP A. It is being purchased under a five year contract which is set to
expire on September 30, 2006. This power costs an additional $10.501 MWh which equates to a
premium of$91,980 in extra costs per year. These costs are included as part of our wholesale
power costs and are passed on to all electricity purchasers, and are not sold at a premium to
customers on a voluntary basis.
Half ofthe revenue that BP A derives from the sale ofEPP currently goes to the Bonneville
Environmental Foundation (BEF) to support their Renewable Resource and watershed
enhancement activities. Under BPA's new EPP proposal 36% of the revenue will go to BEF but
they will also receive 36% of any renewable energy credits (Green Tags) sales so they will
probably receive about the same amount of revenue for their programs as under the current
proposal. BEF was one of the major funding sources ofthe City's Solar Pioneer I program and is
also our formal Green Tag Partner under a cooperative market agreement with the City. We also
hope to partner with them on our proposed Conservation and Renewable Energy Bond funded
Solar Pioneer II project which is budgeted for next fiscal year.
The City is in the middle of a 10-year power agreement to purchase wholesale power from BP A.
The first rate period ofthe contract was 5 years (2001-2006). The second rate period will be 3
years (2007-2009), and the final rate period will be for 2 years (2010-2011).
1
BP A will soon be offering EPP contracts to all its customers. Utilities like Ashland, that are
already purchasing EPP will be given the first rights. The price for EPP has been set by BP A at a
$10.50 premium per MWh, the same as the price for our existing 5 year contract.
The City has been using our Conservation and Renewal Rate Discount (C&RD) to cover EPP's
extra cost. This discount is a method that BP A uses to reduce our wholesale power bill by 1/2
mill per kWh purchased. The utilities must demonstrate they have spent at least an equal amount
on conservation or renewable resource activities or the money must be paid back to BP A.
In the next 3-year rate period, BP A will again be offering this same type of mechanism which
will be called the Conservation Rate Credit (CRC). It has some new features and some changes
to how it operates. The Ashland CRC for Federal FY06-07 is $92,604.
The major change which could impact using CRC for the purchase of EPP is that BP A has
limited the total regional amount of the credit that can be used for the renewable resource
programs to $6 million/yr. Utilities must notifyBPA by July 15, 2006 if they plan to use some
or all of their credit for an EPP purchase. BPA will then assess the total amount of the claims and
if they exceed the $6 million cap, utilities will be notified of a prorated reduction in the amount
that would be eligible for a renewable resource credit.
For example, if Ashland were to use the credit to cover the $91,980 cost of purchasing 1aMW of
EPP and regional requests were $12 million, then only ~ of the credit (or $45,990) could be
claimed for EPP. Other eligible conservation measures would need to be installed, and credits
for these additional measures would then be used to make up the remainder ofthe claim. If the
$6 million cap is exceeded, BP A will notify all utilities with a prorated reduction notice on
August 1, 2006 and utilities will then be able to modify (reduce) their EPP purchase amount if
they desire.
During the current rate period, October 1,2001, through September 30,2006, total regional rate
credits for renewable programs were about $2 million per year with the exception of 2002 when
claims equaled $8 million. However, the voters of Washington State will probably be deciding
on a Renewable Portfolio Standard (RPS) in November via Washington State Initiative process.
If that initiative passes, many Washington utilities that will be affected by the RPS will probably
turn to BP A's EPP as a way to meet the new requirement. Therefore, it is very difficult to
predict if the $6 million regional cap will be exceeded or not.
This new EPP proposal does offer some advantages to Ashland because we were one of the
utilities that purchased EPP during the last 5 year period. Because ofthis, we get the first rights
to purchase EPP again and thus are assured that we can purchase the product even if BP A has
more requests for EPP than the inventory they have.
Secondly, if we purchase EPP again for the next 3 year period, we would have the first rights to
continue to purchase it again for the final two years of our BPA contract (FY10 &FY11) at the
current incremental price of$1O.50 MWh. In addition, purchasing EPP in FYlO & FYll allows
Ashland the first right to again purchase EPP under a new contract. There is no price guarantee
beyond our current 10-year contract. The EPP product that BP A will be offering is 100% wind
generated electricity.
2
Other Regulatory Issues
As mentioned earlier, Washington voters may have the opportunity decide in November whether
or not to approve an initiative that all electric utilities with greater than 25,000 customers must
have 15% of their resource portfolio be renewable resources by 2020. In addition, in February
2006, the California Public Utility Commission issued a formal notice that they will be working
on developing a cap on carbon emissions for the California investor owned utilities and also will
work with the California Governor's Office to ensure that municipal utilities in California will be
subject to similar limits.
Also, on May 4, 2006, eight U.S. Senators introduced the Enhanced Energy Security Act of
2006, which would require electric utilities to obtain 10% of their electricity from new or
existing renewable energy sources by 2020. The State of Oregon is also considering similar
requirements for Oregon's electric utilities. Oregon's Renewable Energy Action Plan, developed
by the Oregon Department of Energy in 2003 at the request of Governor Ted Kulongoski, has a
long term goal that "Renewable generation will meet 10% of Oregon's total load by 2010, which
is roughly about 1.% growth in renewable generation per year. This will increase to or exceed
25% ofload by 2025." One of the short term goals of this plan is for the State to perform "an
assessment ofthe feasibility of a Renewable Portfolio Standard (RPS) for the State." The
Governor's office has a responsibility in the plan to "support a Renewable Energy Working
Group (REWG) to be coordinated through the Governor's office and the Oregon Department of
Energy to guide implementation of this plan." The REWG was officially formed in January,
2006 and has met 3 times so far this year.
The City's Electric Director is serving on this group and represents both Ashland and the Oregon
Municipal Electric Utilities Association (OMEU). The group is diverse and also includes Carlos
Reichenshammer an Ashland builder and the current president of the Oregon Homebuilders
Association. This group has been tasked with developing a legislative proposal for an RPS that
will be presented for adoption in the 2007 legislative session. All ofthese activities would seem
to indicate there is a good chance that Electric Utilities in Oregon will be facing a State or
Federal mandate which will require that some of our power supply mix will need to be supplied
by renewable resources at some point in the future.
The Governor is also proposing that all State owned facilities purchase renewable resource
electricity for 100% of their power needs by 2010. The City could facilitate that kind of
purchase by passing on EPP costs the Southern Oregon University as a way for them to meet this
requirement. SOU uses about 1.5 aMW's of electricity annually.
Related City Policies:
The City strives to be environmentally aware and many of our programs and policies aim toward
that end. The Valdez Principles specifically encourage the use of renewable resources.
The City's Conservation Commission made a unanimous recommendation to the Council that the
City increase our EPP purchase to 2 aMW at its January 25,2006 meeting. At that time BPA was'
indicating that the cost ofEPP would be between $4 -$7 MWh not the $10.50 MWh that BPA
has set as the actual price for the product. A copy of their February 7,2006 memo to the council
has been included with this communication.
3
Council Options:
For the next 3 year rate period:
1) Continue purchasing EPP from the Bonneville Power Administration, or
2) Decline to purchase EPP from BP A
Staff Recommendation:
Staff recommends that the City issue a notice to BP A of our intent to purchase 1 aMW of EPP
from BP A for the next 3 years of our BP A Power sales contract for the following reasons:
. Continuing to purchase 5% of our Power as EPP will ensure our ability to continue to
purchase it in the future.
. The additional costs of purchasing EPP will be covered in part or entirely by the BP A
Conservation Rate Credit. The City can decide in the future to decrease or eliminate the
amount of our EPP purchase if our rate credit prorating is significantly reduced.
. Purchasing EPP supports Renewable resource programs in the Northwest and
demonstrates the City's environmental commitment by this action.
. Future RPS requirements from the State or the federal government could be met by the
City's purchasing EPP.
. The purchase supports the Valdez Principles as adopted by the City.
. The purchase ofEPP continues to support BEF and their activities.
Potential Motions:
1) Move that the City's Electric Department submit a Pre-Notice Claim to BPA to purchase
1 aMW of EPP for the next 3 year rate period.
or
2) Move that the City discontinue purchasing EPP from BP A for the next 3 year period
Attachments:
February 7,2006 Conservation Commission Memo
4
CITY OF
ASHLAND
Council Communication
RAW WATERLINE REPLACEMENT CONTRACT & BROWN & CALDWELL
ENGINEERING SERVICES CONTRACT AMENDMENT APPROVAL
Meeting Date: June 6, 2006
Department: Public Works
Contributing Departments: t.\ \ ~
Approval: Martha Bennett\~\J\!
Primary Staff Contact: Pieter Smeenk, PE SE 111S
E-mail: smeenkp@ashland.or.us
Secondary Staff Contact: James Olson, IPWD
E-mail: olsonj@ashland.or.us
Estimated Time: 15 Minutes
Statement:
On May 11, 2006, the Engineering Department received bids for the construction of the raw waterline and
penstock which runs from Hosler Dam to the Water Treatment Plant. Two bids were received from R&G
Excavating Inc. and James W. Fowler Co. The lowest apparent bidder was R&G Excavating out of Scio, Oregon
with a low bid of $2,813,340, which offered potential contract alternatives. -Some non-essential elements were
deleted and only necessary alternatives were included resulting in the recommended contract amount of
$2,732,490. The contract alternatives were selected by staff and the contract engineer, Brown & Caldwell, and
agreed to by R&G Excavating.
The low bid amount exceeded the consulting engineer's estimate of $2,365,000. Attached is a summary of bid
totals. The primary reasons for the 15% difference between the engineer's estimate and the low bid were: 1) rapid
escalation of ductile iron pipe prices; 2) uncertainty relating to constructability issues associated with this type of
project; and 3) general escalation of construction prices experienced recently on public works projects due to fuel
price increases.
The amended construction bid amount of $2,732,490 exceeds the budgeted amount of $2,452,000. When the
contract amendment for the construction phase engineering services is added to the construction bid, the total
shortfall is $520,000. This can be addresses by shifting funds from two sources: 1) carry forward $200,000 from
savings for field engineering of the recently completed main feeder line, and 2) appropriate $320,000 from the
supplemental appropriation.
Staff now needs Council approval to enter into contract with R&G Excavating for the construction of the raw
waterline as well as to amend the Brown & Caldwell engineering services contract to include construction phase
engineering services. Inspection services from the engineering firm include engineering services conducted
during the construction to modify the pipeline as it is being constructed. It is anticipated that, as with the previous
waterline project, required field engineering be included in order to initiate savings during construction. The
presence of unknown onsite conditions requires that decisions be made in a timely manner and with proper
engineering expertise. This may again be necessary to initiate cost savings to the City, and Brown & Caldwell has
budgeted accordingly to perform these services. During the course of construction, actively pursing any savings
opportunities could again issue savings on this project.
G:\pub-wrks\eng\03-16\3 permits & procurement\03-16 RG Contract Apvl Council Conununication 6 06.doc (5/31/06)
~.l'
Background:
As part of the Capital Improvement Plan, replacement of the raw waterline was deemed a high priority to ensure
water supply and quality. The line from Reeder Reservoir to the Water Treatment Plant was built in the early
1900s and, given its age, replacement is inevitable. Lee Engineering submitted an analysis of the main feeder
and raw waterline in January 2002 recommending replacement of the waterline. The project replaces the
approximately one-mile of existing 24-inch waterline and supporting structures with 24-inch ductile iron pipeline,
as well as improving drainage related to the support structures. The evaluation of the system was completed in
2002, which recommended relocating the line to the roadway.
The process for selecting a project engineer began in the fall of 2003. The City contracted with Brown & Caldwell
in December of 2003 to engineer, design and manage construction of the waterline. The original proposal
included the option for the City to amend the contract to include the construction phase services. The attached
amendment includes the cost estimate for the services by Brown & Caldwell.
On July 21, 2004, a public meeting brought together several key contributors; Brown & Caldwell, Fishman
Environmental Services, Terrasurvey, Small Woodland Associates and Golder Associates; to present engineering
plans delineating the preferred routing of the waterline, ecological impacts, project staging and potential conflicts
with scheduling. The meeting provided the first public introduction to the need for waterline replacement.
Staff and Brown & Caldwell used the input from the meeting to continue fine-tuning the engineering plans. The
City and contractor now need to seek potential easements from the US Forest Service and apply for permits from
Jackson County and the City of Ashland Planning Department. Staff has already applied for permits to work
within the creek and interface from the USFS Division of State Lands, the Oregon Department of Forestry, US
Army Corps of Engineers. Upon receipt of permit approvals, staff and Brown & Caldwell compiled the
specifications for construction bids and the project first advertised on April 4, 2006.
Brown & Caldwell coordinated with the Federal Energy Regulatory Commission (FERC) on the engineering
portions relating to the penstock. FERC is the governmental agency that oversees the hydroelectric portion of the
dam and water treatment plant. Extraordinary requirements spurred additional work for the engineers and City.
These unanticipated requirements increased the scope of work for Brown & Caldwell and increased the amount of
inspection needed for the construction of the pipeline.
If awarded the contract, R&G Excavating plans to begin work on this project as soon as possible to take
advantage of seasonal weather. The proximity of Ashland Creek makes this project sensitive and specific
measures will be implemented in accordance with permitting from the Department of Environmental Quality. The
contractor will be filing specific permits to conform to the DEQ standards for erosion and sediment control to
assure quality control throughout the project. The contractor will implement erosion control measures which will
appear on the City website and in the City Source.
Several measures to ensure public safety will need to be put in place. R&G Excavating crews will be accessing
the Water Treatment Road via Granite Street, thereby increasing the amount of truck and equipment traffic and
causing possible congestion along Granite Street and through the upper end of Lithia Park. Since Granite Street
at the top of Lithia Park is only 20 feet wide, and cars often park along the roadside to access the swimming hole
and hiking paths, making it difficult for construction equipment to pass. This potential conflict between trucks,
vehicles and pedestrians is of concern. To address the issue, the contractor has been instructed to install the
following signage:
"Construction Zone, Off Limits" at the access gate to the water treatment plant.
G:\pub-wrks\eng\03-l6\3 permits & procurement\03-l6 RG Contract Apvl Council Communication 6 06.doc (5/31/06)
~A'
"Pedestrian Detour" near upper Granite Street indicating the path to cross over Ashland Creek and then access
up to Glenview Drive to avoid the construction area.
"Alternate Parking" located at the concrete pit on Glenview Drive.
The parking prohibitions will be in effect from the beginning of the project and remain in effect until construction is
completed. The changes will remain in effect until the end of the project at the estimated at the end of December.
Mailings will also be sent to residents along Granite Street as to the project progress as they will see the increase
in traffic. Granite Street residents will also be alerted to the expected frequency of equipment and contact
information for project management. Regular updates on the City website and articles in the City Source.
Related City Policies:
This is a Capital Improvements Project adopted by the Budget Committee and by the City Council.
Public Works construction within the City of Ashland is in accordance with the American Public Works
Association/Oregon Department of Transportation - Oregon Standard Specifications For Construction 2002. City
staff and contract engineer will provide project management to ensure that these standards are met.
Council Options:
Staff needs approval to continue with the execution of the contract with R&G Excavation as proposed or as
amended to continue with the construction project. Council may accept the contract and funding sources or offer
alternative funding options to meet the proposed contract amount. The Council may approve the amendment to
accept the scope of work and estimate for the construction phase engineering services from Brown & Caldwell.
Staff Recommendation:
Staff recommends Council approve the amended contract amount to ensure a timely cost efficient project.
Extension or rebidding of this project would increase the contract cost with Brown & Caldwell for the engineering
portion and would most likely increase the price for the piping and other materials. The timing for pieces of this
project is limited to the in-water work period set by the Division of State Lands and must be completed prior to
September 15th. To meet this deadline, the contractor must have all in-water work construction complete before
this date to meet the contract schedule. Consideration must also be given to the onset of the fire restriction
season. Delay of executing the contract may produce time extensions that could potentially increase the contract
amount.
Potential Motions:
Council motions to approve the contract with R&G Excavating for the construction of the Raw Waterline
Replacement Project as amended for a total cost of $2,732,490; and approve the contract amendment with Brown
& Caldwell Engineering increasing the scope of the contract to include construction phase engineering services
for approximately $240,000.
Council motions to not approve the contract with R&G Excavating for the construction and the contract
amendment with Brown & Caldwell Engineering for the Raw Waterline Replacement Project
Attachments:
Vicinity Map
Bid summary
Scope of Work from Brown & Caldwell
G:\pub-wrks\eng\03-l6\3 permits & procurement\03-l6 RG Contract Apvl Council Communication 6 06.doc (5/31/06)
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CITY OF ASHLAND
RAW WATERLINE
CONSTRUCTION PERIOD
SCOPE OF SERVICES
Services during construction are based on the Consultant providing staff and assistance for two separate construction
contracts performed sequentially; one for the Main Feeder Pipeline followed by one for the Raw Water Pipeline. The
level of effort provided in this amendment is for the Raw Water Pipeline based on 6 months total construction time.
PHASE I.
PROJECT MANAGEMENT SERVICES
Task 1-1
Management, Coordination and Communication
The project management services subtasks, as defined in the original agreement for the design period, are amended to
continue and extend into the construction period. Consultant efforts will be as follows:
Subtask 1-1.1 Work Plan- Amend the engineering services agreement and the project management plan (PMP),
including a detailed schedule and task budgets. Identify tasks to be performed by Client staff. The schedule will
incorporate meeting dates and milestones when key actions are due. The PMP will be used to facilitate coordinated
work by the project team.
Subtask 1-1.3 Status Reporting and Communication- Continue activity as defmed in original agreement.
Subtask 1-1.4 Subconsultants Services- Prepare and administer agreements with subconsultants, monitor
performance of subconsultants' work, and administer consultant invoices in a timely fashion.
Subtask 1-1.6 Project Team Coordination- Assign work tasks to project team members and coordinate project
activities. Monitor progress of work, facilitate timely completion of quality work products, and guide the project
team to successful completion of their assigned tasks.
PHASE IV.
CONSTRUCTION PERIOD SERVICES
Task IV-1.
Bidding and Award Assistance
Consultant services to assist the Client in obtaining bids will be as follows:
Subtask IV-1.1 Bidder Questions-Receive and respond to bidder's technical questions during the bid period.
Keep notes of interaction with prospective bidders, including name of bidder, question(s) asked and response(s)
given, and date and time of contact.
Subtask IV-1.2 Addenda-Provide professional and technical services to prepare draft addenda. Client will
prepare final version of addenda and make copies for distribution. Client will distribute addenda to all plan
holders.
Subtask IV-1.3 Prebid Conference-Hold a prebid conference in Ashland with the Client and prospective
bidders. Lead the meeting, conduct a field tour of the project site, answer questions, keep notes, and address issues
. raised.
Subtask IV-1.4 Bid Opening, Assessment and Recommendations-Attend the bid opening and review the bid
tabulation prepared by the Client. Assess the bids to determine the low bidder to whom the project should be
awarded. Prepare a memorandum that defines which alternative bid items should be awarded. Client will review
bid documents for completeness and correctness.
Task IV-2.
Construction Management
The Consultant will perform all Construction Management subtasks as follows:
Subtask IV -2.1 Post Bid Setup- Update the project manual with copies of the Addenda issued during the bid
phase and executed contract documents; print and distribute copies of the modified manual to the Client (3 each),
Contractor (3 each plus I full size set of reproducible drawings and I full size set of blue line drawings), and
Consultant (4 each).
Subtask IV-2.2Project Record Keeping- Set up and administer the project record keeping system; develop a
document format for clarification requests, submittal review, progress payments, and change orders during the
construction period. Provide administrative staff to maintain project files, word processing, and other clerical
tasks.
Subtask IV-2.3 Construction Manager- Provide the services of a Construction Manager as the project needs
dictate. Duties will include all contract administration such as resolution of Contractor questions, response to
requests for changes, preparation of change orders, administration of the submittal review process, review and
recommendation of monthly payments to the Contractor, and review of the project schedule. Upon substantial
completion of construction, prepare punch lists of remaining work to be completed. Prepare and submit a
certificate of completion. Review the final payment request.
Subtask IV-2.4 Project Meetings- Hold meetings to facilitate communication among the construction team
members during the construction period. Members of the design team will periodically attend these meetings to
review construction compliance for the various disciplines.
Task IV-3.
Office Engineering During Construction
Consultant will provide office engineering services to assist Client's performance of contract administration and to
determine the Contractor is providing the specified construction materials and equipment and performing the
construction in accordance with the intent of the plans and specifications. Consultant duties will include:
Subtask IV-3.1-Submittals- Prepare a detailed list of required and potential anticipated submittals for use in
planning and anticipating submittals. Review technical submittals or resubmittals required from the Contractor to
demonstrate conformance with design concepts and compliance with the requirements of the contract documents.
Subtask IV-3.2 Job Site Visits- Make periodic visits to the site to observe that the work conforms with design
requirements.
Subtask IV-3.3 Request for Information- Provide professional service to interpret the contract documents and
provide clarifications concerning the intent of the design documents when requested by the Construction Manager.
Subtask IV-3.4 Change Order Assistance-- Provide professional and technical services to prepare technical
information for inclusion in change orders approved by the Construction Manager.
Subtask IV-3.5 Record Drawings and Documentation- Revise the reproducible drawings for record purposes
to show major changes made during construction using addendum drawings, change order drawings and marked-
up record drawings provided by the Contractor. Furnish the Client with one set of reproducible record drawings, as
well as a set in electronic format suitable for use in the Client's mapping system.
Subtask IV-3.6 FERC Requirements- Provide an experienced professional engineer to coordinate the provision
of construction related data and reports required by the FERC, assist the Client in negotiations with the FERC
regarding construction and project material requirements, monitor the work of the independent testing and analyses
required by FERC, and prepare progress and completion reports required of the Client by FERC. This task also
includes the funds allotted for the sub-consultants necessary to provide special services anticipated to be required
by the FERC.
Task IV-4.
Field Engineering and Construction Observation and Monitoring
Provide a qualified and experienced resident inspector on-site, as necessary during construction activities. Duties will
include observing construction, assessing subsurface conditions and adjusting design to maximize value for the Client,
documenting and maintaining records of construction activities, facilitating demonstrations that construction meets
contract requirements, and preparing monthly reports of construction progress. Call for surveying, geotechnical,
environmental, materials testing and engineering expertise periodically when conditions warrant. Hold regular site
meetings with the Contractor's representative and appropriate members of Client's construction team during the
construction period. The purpose of these meetings is to facilitate communication related to construction schedule,
construction progress, compliance with the plans and specifications, changes in the work, and similar details. Members
of the design team may periodically attend these meetings during their review of construction for compliance with
design requirements.
The construction documents require the Contractor to obtain the services of an independent testing company to
perform soil, concrete, asphalt and other materials tests and provide the results to prove compliance with the contract
documents. The resident inspector will define the location and timing of these tests, coordinate with the Contractor's
testing company, and review the results to determine Contract compliance. It is anticipated that additional or
confirming tests will be necessary beyond those required by the FERC. Since it is not possible to predict the amount
of these services that will be required, the budget for this task is on an allowance basis.
CITY OF
ASHLAND
Council Communication
Meeting Date: June 6, 2006
Department: Administrative Services
Contributing Departments: N/A . ~\.. I
Approval: Martha Bennett ,..'
Debt Service Scenarios for the City
Primary Staff Contact: Lee Tuneberg ~
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time: 15 Minutes
Statement:
This communication provides Council with information for paying the City's debt obligations relating to
Ashland Fiber Network.
Background:
During the Budget Committee deliberations a solution was afforded for funding approximately
$866,000 in debt service related to AFN for FY 2006-07. The committee approved the budget and tax
rate to meet the debt service requirements through a combination of operating transfers and property
taxes or a combination of fees. The committee left it up to Council to decide what components are to
be used to meet FY 2006-07's debt payment.
The effective property tax rate needed to team with an operating transfer is $0.1750 generating
approximately $296,000. Added to the $570,000 transfer covers the interest only debt service for one
year.
In the recent study session Council said it prefers a "cafeteria" solution for next year and also
extending into the future. The subsequent survey indicates that Council supports both a utility bill
surcharge and some element of property tax going into the future. The Budget Committee proposed
solution is part of a cafeteria approach with the property tax as part of the city's permanent rate and is
intended for one year only. A surcharge could be imposed to further diversify the revenue stream and
potentially reducing the reliance next'year on transfers or taxes.
If Council should so choose, any portion of the property tax or operating transfer could be reduced by
a utility fee as previously discussed. The attached table shows what impact an average surcharge
could generate and the impact on either of the other two sources. As in past recommendations, staff
would recommend that the rate be set as an average rate per bill allowing for commercial accounts to
pay more, residential accounts paying for a smaller amount and low income or senior discounts to be
employed. No other account would be exempt from the surcharge. The above would also be true if a
percentage rate was established instead of a set fee.
Related City Policies:
None
Council Options:
Utilize the transfer and property tax solution provided by the Budget Committee to meet FY 2006-07's
debt service requirements.
~.t. ,
OR
Change the transfer and property tax solution by proposing a surcharge to reduce either or both of the
other two revenue sources.
OR
Direct staff to bring back some other solution.
Staff Recommendation:
Council accepts the proposed solution or modify as desired for FY 2006-07.
Potential Motions:
Council moves to accept the solution for meeting AFN debt service requirements as approved in the
budget process which include a tax property rate of $0.1750 and a transfer of $570,000.
Council moves to modify the proposal, directing staff to bring a resolution to the June 20, 2006,
meeting, incorporating as a revenue source and reducing
revenue stream(s) in the FY 2006-07 budget to pay the AFN debt
service.
Attachments:
Debt Service Scenarios
Council member choices on AFN debt payment options - Short-term
Council member choices on AFN debt payment options - Long-term
~A'
City of Ashland
Debt Service Scenarios
Impact on $866.000 Debt Service in FY 2006-07
Rate Total Rate Total Rate Total Rate Total
Property Tax $0.1750 $ 295,680 $0.1000 $ 185,900 $0.0500 $ 84,500 $ -
(Estimated additional tax rate/$1000)
Operating transfer/Subsidy from CIP Fund 570,000 560,100 541.500 506,000
Utility charge/Surcharge $ $ 1 120,000 $ 2 240,000 $ 3 360,000
(Average charge/month/billing)
$ 865,680 $ 866,000 $ 866,000 $ 866,000
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CITY OF
ASHLAND
Council Communication
Meeting Date: June 6, 2006
Department: Administrative Services ~
Contributing Departments: NA \~
Approval: Martha Bennett r '"
A Resolution Adopting the Annual Budget and Making Appropriations
~
Lee Tuneberg
tuneberl@ashland.or.us
NA
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Estimated Time:
15 Minutes
Statement:
The fiscal year 2006-07 budget is submitted to the City Council for adoption along with the required
appropriations for the fiscal year.
Background:
The Budget Committee and/or Budget Sub Committee met numerous times this winter and spring and
thoroughly reviewed this budget. On May 24,2006, the Budget Committee approved the budget and
recommended it for adoption. The combined total appropriation for all funds is $78,551,976. This
number does not include the unappropriated balance of $21,687,253.
These amounts may be adjusted as determined by Council within the guidelines established by
Oregon Budget Law.
A summary is provided that identifies changes made to the proposed budget to create the approved
budget and Recommended Revisions staff is proposing based upon the latest review of capital
projects by Public Works.
Council Options:
Council may adopt this resolution as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Staff Recommendation:
Staff recommends approval of the attached resolution with or without adjustment.
Attachments:
Fiscal year 2006-2007 Summary of Changes
A Resolution Adopting the Annual Budget and Making Appropriations
~6'
SECTION 1.
RESOLUTION NO. 2006-_
A RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING APPROPRIATIONS
The City of Ashland resolves that the 2006-2007 Fiscal Year Budget,
now on file in the office of the City Recorder is adopted. The amounts
for the fiscal year beginning July 1, 2006, and for the purposes shown
below are hereby appropriated as follows:
GENERAL FUND
Administration Department
Administrative Services - Municipal Court
Administrative Services - Social Services Grants
Administrative Services - Economic & Cultural Grants
Administrative Services - Miscellaneous
Administrative Services - Band
Police Department
Fire and Rescue Department
Public Works - Cemetery Division
Community Development - Planning Division
Community Development - Building Division
Transfers
Contingency
TOTAL GENERAL FUND
$
253,780
395,035
115,360
504,650
7,000
61,554
5,325,774
5,262,372
355,375
2,313,591
801,756
500
400,000
15,796,747
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Personal Services
Materials and Services
Other Financing Uses (Interfund Loans)
TOTAL CDBG FUND
35,485
385,350
215,000
635,835
STREET FUND
Public Works - Street Operations
Public Works - Storm Water Operations
Public Works - Transportation SDC's
Public Works - Storm Water SDC's
Public Works - Local Improvement Districts
Contingency
TOTAL STREET FUND
4,060,268
739,870
274,850
47,500
343,498
153,000
5,618,986
AIRPORT FUND
Materials and Services
Debt Service
Contingency
TOTAL AIRPORT FUND
111,532
35,173
5,000
151,705
CAPITAL IMPROVEMENTS FUND
Personal Services
Materials and Services
Capital Outlay
Transfers
Other Financing Uses (lnterfund Loans)
Contingency
TOTAL CAPITAL IMPROVEMENTS
152,407
394,750
3,056,000
905,434
530,000
50,000
5,088,591
DEBT SERVICE FUND
Debt Service
TOTAL DEBT SERVICE FUND
1,657,716
1,657,716
WATER FUND
Electric - Conservation Division
Public Works - Forest Lands Management Division
Public Works - Water Supply
Public Works - Water Treatment
Public Works - Water Distribution
Public Works - Reimbursement SDC's
Public Works - Improvement SDC's
Public Works - Debt SDC's
Debt Services
Contingency
TOTAL WATER FUND
WASTEWATER FUND
Public Works - Wastewater Collection
Public Works - Wastewater Treatment
Public Works - Reimbursement SDC's
Public Works - Improvement SDC's
Debt Services
Contingency
TOTAL WASTEWATER FUND
ELECTRIC FUND
Electric - Conservation Division
Electric - Supply
Electric - Distribution
Electric - Transmission
Contingency
TOTAL ELECTRIC FUND
TELECOMMUNICATIONS FUND
IT - Customer Relations\Promotions
IT - Cable Television
IT - Internet
IT - High Speed
Contingency
TOTAL TELECOMMUNICATIONS FUND
CENTRAL SERVICES FUND
Administration Department
Administrative Services Department
IT - Computer Services Division
City Recorder Division
Public Works - Administration and Engineering
Contingency
TOTAl CENTRAL SERVICES FUND
172,005
196,000
2,700,879
1,400,354
3,264,112
467,670
702,580
123,932
544,457
152,000
9,723,989
2,240,657
2,022,260
192,160
108,090
1,793,196
149,000
6,505,363
976,645
6,557,504
5,189,851
1,048,600
381,000
14,153,600
223,608
478,746
776,310
301,179
100,000
1,879,843
980,913
1,900,299
978,666
272,243
1,526,947
171,000
5,830,068
INSURANCE SERVICES FUND
Personal Services
Materials and Services
Contingency
TOTAL INSURANCE SERVICES FUND
400,000
661,291
32,000
1,093,291
EQUIPMENT FUND
Personal Services
Materials and Services
Capital Outlay
Contingency
TOTAL EQUIPMENT FUND
266,476
519,955
1,415,000
42,000
2,243,431
CEMETERY TRUST FUND
Transfers
19,000
19,000
TOTAL CEMETERY TRUST FUND
PARKS AND RECREATION FUND
Parks Division
Recreation Division
Golf Division
Transfers
Contingency
TOTAL PARKS AND RECREATION FUND
3,868,250
962,200
416,000
110,000
35,000
5,391,450
YOUTH ACTIVITIES LEVY FUND
Personal Services
Materials and Services
TOTAL YOUTH ACTIVITIES LEVY FUND
96,000
2,335,361
2,431,361
PARKS CAPITAL IMPROVEMENTS FUND
Capital Outlay
TOTAL PARKS CAPITAL IMP. FUND
331,000
331,000
TOTAL APPROPRIATIONS
$
78,551,976
SECTION 2. This Resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Muncipial Code
~ 2.04.090 and duly PASSED and ADOPTED this _ day of , 2006.
Barbara Christensen, City Recorder
Signed and Approved on this _ day of June, 2006.
John W. Morrison, Mayor
Approved as to formS ( jV (~
~istant City Attorney
CITY OF
ASHLAND
Council Communication
An Ordinance Levying Taxes for the Period of July 1, 2006 to and
including June 30, 2007, such taxes in the sum of $9,797,262 upon all the
real and personal property subject to assessment and levy within the
corporate limits of the City of Ashland, Jackson County, Oregon
Meeting Date: June 6, 2006
Department: Administrative Services
Contributing Departments: NA .1\\ \ ~
Approval: Martha Bennett "\1
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Estimated Time:
Lee Tuneberg ~'" r
tuneberl@ashlani1.or.us
NA
15 Minutes
Statement:
An Ordinance levying taxes for the period of July 1, 2006 to and including June 30, 2007. Such taxes
in the sum of $9,797,262 upon all the real and personal property subject to assessment and levy
within the corporate limits of the City of Ashland, Jackson County, Oregon. The levy consists of three
. parts: (1) a permanent rate supporting the General Debt Service and Parks funds of $3.9747, totaling
$7,000,000 (2) a local option levy supporting Ashland Youth Activities Fund at a rate of $1.3800,
totaling $2,430,000, and (3) two bonded debt levies totaling $367,262.
Background:
The Property Tax rate is calculated to increase to 3.9747 from 3.7147 with .1750 to cover the City's
debt service requirements and an additional .085 for other General Fund programs.
The Ordinance is consistent with the Budget Committee's recommended approved tax rate.
Related City Policies:
None
Council Options:
Council may approve the following tax rate to cover the City's debt service requirements.
Council may lower, but not increase, the following tax rate and adjust its intended use.
Staff Recommendation:
Staff recommends approval of the attached Ordinance. This Ordinance has not been published thus it
cannot be read bv title on Iv .
,.,
Potential Motions:
Council moves to accept the tax rate as presented.
Attachments:
An Ordinance Levying Taxes for the Period of July 1,2006 to and including June 30, 2007, such taxes
in the sum of $9,797,262 upon all the real and personal property subject to assessment and levy within
the corporate limits of the City of Ashland, Jackson County, Oregon
r61
I I
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2006 TO AND INCLUDING
JUNE 30, 2007, SUCH TAXES IN THE SUM OF $9,797,262 UPON ALL THE REAL AND
PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the
permanent rate of $3.9747 per thousand an amount estimated to be $7,000,000, voter authorized Local Option in the
rate of $1.3800 per thousand an amount estimated to be $2,430,000, as well as $367,262 authorized for the repayment
of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting
July 1, 2006, on all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds:
Subject to General Excluded from General
Government Limitation Government Limitation Rate
Permanent Rate Local Option Bonded Debt Per $ 1,000
General Fund $ 3,006,000 1.7069
Debt Service Fund 308,000 0.17 50
Parks and Recreation Fund 3,686,000 2.0928
Youth Activities Levy $ 2,430,000 1 .3800
1997 Flood Restoration Bond Levy 83,452
2000 Flood and Fire Station Bonds 166,385
2005 Refinancing 117 ,425
$ 7 ,000,000 $ 2,430,000 $ 367 ,262
The foregoing ordinance was first READ on the _ day of June, 2006 and duly PASSED and
ADOPTED this _ day of June, 2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2006.
John W. Morrison, Mayor
Reviewed as to form:
~. J/Joa
Be A. Lori, Assistant City Attorney
CITY OF
ASHLAND
Council Communication
Resolution Certifying City Provides Sufficient Municipal Services to
Qualify for State Subventions
Meeting Date: June 6, 2006
Department: Administrative Services
Contributing Departments: NA ....~f'
Approval: Martha Benneu"\l
Primary Staff Contact: Lee Tuneberg ~
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: NA
E-mail:
Estimated Time: 5 Minutes
Statement:
The fiscal year 2006-2007 budget includes revenue and disbursements of funds from the State. In
order to receive and disburse monies the City Council must certify to the State that it qualifies based
upon the services rendered.
Background:
Council certifies this activity by resolution each year prior to adopting a second resolution that elects
to receive state funds. This is a necessary step in the 2006-2007 budget process.
Related City Policies:
None
Council Options:
Council certifies that the City qualifies based upon the services rendered.
Staff Recommendation:
Staff recommends approval of the attached resolution.
Attachments:
Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions
,~,
RESOLUTION 2006-
RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL
SERVICES TO QUALIFY FOR STATE SUBVENTIONS
RECITALS:
A. ORS 221.760 provides as follows:
Section 1. The officer responsible for disbursing fund to cities under ORS 323.455,
366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having
,more than 100,000 inhabitants according to the most recent federal decennial census,
disburse such funds only if the city provides four or more of the following services:
1 . Police Protection
2. Fire Protection
3. Street construction, maintenance, lighting
4. Sanitary Sewer
5. Storm Sewer
6. Planning, zoning and subdivision control
7. One or more utility services
B. City officials recognize the desirability of assisting the state officer responsible for
determining the eligibility of cities to receive such funds in accordance with 221.760.
Be it resolved, the City of Ashland hereby certifies that it provides the following municipal
services enumerated in ORS 221.760(1):
1 . Police Protection
2. Fire Protection
3. Street construction, maintenance, lighting
4. Sanitary Sewer
5. Storm Sewer
6. Planning
7. Electric Distribution
8. Water
This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090
and duly PASSED and ADOPTED this day of ,2006.
Barbara Christensen, City Recorder
SIGNED AND APPROVED this _ day of June, 2006.
John W. Morrison, Mayor
Revi...e~. e~d as to form:
;.V 5\:)'\\1
Beth A. Lori, Assistant City Attorney
CITY OF
ASHLAND
Council Communication
A Resolution Declaring the City's Election to Receive State Revenues
Meeting Date: June 6, 2006
Department: Administrative services~~
Contributing Departments: NA
Approval: Martha Benne
Primary Staff Contact: Lee Tuneberg IJIfJ-.-
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: NA
E-mail:
Estimated Time: 5 Minutes
Statement:
The fiscal year 2006-2007 budget includes revenue and disbursements of funds from the State. In
order to receive and disburse monies the City Council must elect to receive State revenue.
Background:
Council annually adopts a resolution electing to receive an apportionment of the Oregon Department
of Administrative Services General Fund revenues derived from tax imposed on the sale of liquor as
part of State Revenue Sharing.
Related City Policies:
None
Council Options:
Council may elect to receive state shared revenues.
Staff Recommendation:
Staff recommends approval of the attached resolution.
Attachments:
A Resolution Declaring the City's Election to Receive State Revenues
~&,
I I
RESOLUTION 2006-_
A RESOLUTION DECLARING THE CITY'S ELECTION
TO RECEIVE STATE REVENUES
RECITALS:
The City must annually adopt a resolution electing to receive an
apportionment of the Oregon Department of Administrative Services General
Fund revenues derived from tax imposed on the sale of liquor as part of State
Revenue Sharing.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
Pursuant to ORS 221.770, the City elects to receive state revenues for fiscal
year 2006-2007.
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 . 2006.
Barbara Christensen, City Recorder
SIGNED AND APPROVED this _ day of June, 2006.
John W. Morrison, Mayor
'\
Be 'A. lori, Assistant City Attorney
, \~
I I
A RESOLUTION DECLARING THE CITY'S ELECTION
TO RECEIVE STATE REVENUES
I certify that a public hearing before the Budget Committee was held on May 24, 2006
and a public hearing before the City Council was held on June 6, 2006, giving citizens an
opportunity to comment on use of State Revenue Sharing.
Barbara Christensen, City Recorder
CITY OF
ASHLAND
Council Communication
An Ordinance Amending the AMC relating to Business License
Chapter 6.04
Meeting Date: June 6, 2006
Department: Administrative Services
Contributing Departments: NA
Approval: Martha Bennett
Primary Staff Contact: Lee Tuneberg t9't19-
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: None
E-mail:
Estimated Time: 5 Minutes
Statement:
An ordinance is needed to adjust the fee schedule for business license applications and renewals.
Background:
The City of Ashland imposes a business license tax on all those who conduct business activity within the city limits
of Ashland. This applies to businesses physically located within Ashland, as well as those that travel into Ashland
to conduct business. The current fee schedule includes a base fee of $60, with a per employee fee of $10 for
each employee beyond two and makes no distinction between the initial application and the yearly renewal.
The proposed fee schedule addresses two issues that have come about during staff analysis. One is the cost
difference between processing a business license renewal and a license application. New license applications
have a more involved review process that includes a review for land use and building code compliance, as well as
additional data entry and verification. The second issue is the use of employee counts for the establishment of
the fee. For economic development purposes, it is important that employee counts are as accurate as possible
and it is clear in conducting unofficial audits of employee count records that the counts are not as accurate as we
would like.
The attached ordinance provides two different fee schedules, with the new business license fee charged at a
higher rate than renewals. Along with that change, the new license fee formula reduces the emphasis on the
number of employees in determining the total license fee. The goal is to lessen the incentive to under report the
true employee count for the business.
Related City Policies:
None
Council Options:
Council may accept this rate increase as presented, recommend modifications as discussed or defer acceptance
(take no action) awaiting further information or clarification.
Staff Recommendation:
Staff recommends approval of the attached ordinance.
~.l'
I .-----
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICPAl CODE RELATING
TO BUSIINESS LICENSES AMENDING CHAPTER 6.04 SECTIONS 6.04.080,
6.04.090, 6.04.120 AND 6.04.130.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Title 6, Chapter 4 of the Ashland Municipal Code shall be amended as follows:
6.04.080. License Tax Schedule. A person licensed under this chapter shall pay
an annual license tax in the following amount:
A. An application fee (first time licensee) of $10 per month (up to 11
months) this includes the first two employees. Additionally, $5.00 will be
charged for each additional individual. The number of employees should
be counted based at the start of the business. Each employee will be
counted as one regardless of their status as part time, full time or
temporary .
B. A renewal fee of $75.00 includes the first two employees and for each
individual in excess of two, add $10.00 for each individual. The number of
employees should be counted based on the anticipated number of
employees on the payroll as of July. Each employee will be counted as
one regardless of their status as part time, full time or temporary.
1. In arriving at the number of individuals carrying on a business,
the Finance Department shall count the proprietors, officers, partners and
associates actively engaged in such business and the individuals
employed regularly or on a part-time basis. Individuals employed by an
owner or proprietor of a business who work entirely outside the corporate
limits of the City shall not be counted. Trade apprentices receiving no
compensation shall not be counted.
6.04.090. Term. The business license term shall be for a fiscal year, beginning
July 1 and ending June 30 of the next year, and business license taxes are due
annually on or before July 1, of the fiscal year for which the license is required.
6.04.120 Temporary License. If a business licensed under this chapter is for a
limited duration of not more than 30 days the fee will be $25, regardless of the
numbers of the employees.
6.04.130 Delinauent Penalty. There shall be a penalty often percent (10%) with
a minimum of $25 added to all business license taxes paid later than 30
days after they are due.
I I -- --
Potential Motions:
Motion to adopt second reading of the ordinance change to AMC 6.04.080, 6.04.090, 6.04.120 and 6.04.130
regarding business license tax schedule.
Attachments:
Ordinance change to increase the business license rates.
,.,
~~.-----~.- -.--
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 , 2006 and
duly PASSED and ADOPTED this day of , 2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006:
John W. Morrison, Mayor
Reviewed as to form:
v' ~\~~~
Beth A.f;Lori, Assistant City Attorney
~~oned
~o \..Q \ <6\ 0 \..P )
Council Communication
Resolution Amending Resolution 1993-39 and R~u1.lVn ,vv.,-'tO
Primary Staff Contact: Brandon Goldman 552-20~
E-mail: goldmanb@ashland.or.us ~
Secondary Staff Contact: Bill Molnar 552-20~~
E-mail: molnarb@ashland.or.us- 1:J
Estimated Time: 30 Min.
Meeting Date: June 6, 2006
Department: Community Develop
Contributing Departments: Legal ~\ t
Approval: Martha Bennett ,~
Statement:
The Ashland Housing Commission is forwarding a proposed Resolution, to amend Resolution 1993-
39 and Resolution 2005-46, to establish a new methodology for designating qualified affordable
housing units, to establish qualified rental costs and purchase housing costs based on a range on
incomes (60%,80%,100%, and 120% AMI), and to establish a minimum 30 year period of
affordability for units assisted with a System Development Charge Deferral. Additionally the proposed
resolution would allow for a waiver of Community Development and Engineering Services fees for
eligible affordable units that are voluntarily provided exclusive of a Land Use condition of approval.
Background:
The Housing Commission discussed the System Development Charges deferral program at length on
June 13th, 2005, on August 15th, 2005, and concluded their review and recommendations on
December 19th, 2005. During these deliberations evaluated the SDC program to comprehensively
address issues regarding the period of affordability, determination of sale price and rent costs for
covered units for various income levels, and the potential waiver of Community Development and
Engineering Fees for voluntary affordable housing projects.
The City of Ashland currently defers System Development Charges (SDC) for "Affordable Housing
Units" for up to a 20 year period, at which time they are forgiven (waived). Currently the SDC Deferral
Program is the only mechanism in place to define units as affordable under the "Ashland Affordable
Housing Program". As it stands this program does not distinguish between income levels but instead
states an affordable rental is one that is affordable to households earning 80% Area Median Income
(AMI), and an affordable purchase unit is one that is affordable to households earning 130%AMI. The
Ashland Land Use Ordinance (ALUO) establishes specific levels of affordability to meet specific
criteria of approval for annexations, zone changes and density bonuses indicating a range of target
households at 60%,80%, 100%, and 120% AMI. In part the proposed changes to the SDC deferral
program are intended to address the variation in income ranges allowed through the land use
process. There was general consensus by the Housing Commission that affordability should be
considered met when a household spends no more than 30% of their income on housing costs.
Housing costs for any for-purchase units were considered to include Principal, Interest, Taxes, and
Insurance (PITI), plus any homeowners association or regular maintenance fees.
Currently the ordinances and the SDC program are incongruous. For example, currently it is possible
that a 2 bedroom unit required to be affordable to households earning 60%AMI could be sold to them
for up to $148,989 , whereas their true ability to afford would limit the purchase price to approximately
$75,000. Revising the SDC program to accommodate a range of income levels and corresponding
rents or purchase prices will resolve this disparity.
~.t. 1
I I
The proposed resolution eliminates a "not to exceed purchase price" (as outlined in the existing
resolution 2005-46) in favor of a ability to pay methodology that ties the purchase price of a covered
unit to a percentage of household income at the various income limits. Essentially the purchase price
of a covered ownership unit would no longer be a set cap, but rather adjusted dependant upon
variations in Principal, Interest, Taxes, Insurance, (PITI) and any homeowner's fees. The qualified
household would pay no more than 30% of their monthly income on these collective housing costs.
Attached to this Council Communication are tables that estimate how this methodology would
effectively establish an estimated purchase price for each income level (60%,80%,100%, 120%).
The proposed resolution also amends the methodology for establishing rental costs for covered units.
Rental units provided to serve 60% and 80% AMI households would now have established rents
commensurate with their ability to pay. Rental units provided serving households earning more than
80%AMI would not be considered affordable.
At the 80%AMllevel the affordable rental methodology outlined in 2005-46 would be unchanged
which establishes maximum rents to be no more than 23% of a household income based on average
household sizes dependant on the number of bedrooms. Under the proposed resolution rental units
provided at the 80%AMllevel would no longer be eligible for the SDC deferral. The existing resolution
did not address what was considered affordable to households earning 60%AMI and as such the
proposed rental cost for such covered units in the proposed resolution would be established by
referencing the State HOME program index for households at 60%AMI as adjusted annually. Rental
units provided at or below 60%AMI would be eligible for the SDC deferral.
In addition to the establishment of a new methodology for determining affordability of both rental and
ownership units, the Housing Commission evaluated the SDC program to comprehensively address
issues regarding the period of affordability and the potential waiver of Community Development and
Engineering Fees for voluntary affordable housing projects.
In discussing the period of affordability the Housing Commission deliberated on whether a unit that
voluntarily entered the program could buy-out of the program by paying off the deferred SDCs with
interest or an assessed penalty. The Commission determined that a strict 30 year period of
affordability was necessary to ensure the SDC deferral progrc,vn did not simply function as a loan
program but rather as an incentive toward promoting the long term provision of affordable housing.
Therefore the proposed resolution establishes that any unit that is provided with an SDC deferral be
required to remain affordable for not less than 30 years or longer as required by a Land Use
regulation.
The Housing Commission attempted to address in what cases the waiver of SDC's and Community
Development Fees should be granted and determined that covered units would only include those
rentals targeting households with incomes at or below 60%AMI or ownership units benefiting
households at or below 80% AMI. Further the Commission determined that although SDC deferrals
could be available for both units required to be affordable by a Land Use approval, and affordable
units provided voluntarily, that the Community Development and Engineering Services fees should
only be waived when affordable units are provided voluntarily in excess of any requirements unless
receiving specific approval of a waive by the Ashland City Council.
The proposed resolution maintains the requirement that the owners of covered units be required to
agree to the City of Ashland Affordable Housing Resale Restriction Agreement. The new resolution
establishes a requirement that the owner of a covered unit shall annually file certificate that
demonstrates that the covered unit continues to be occupied by an eligible household.
~A'
I -r-------
Related City Policies:
The Affordable Housing Action Plan supports the continuation of waiving SDCs as a means of
lowering the costs of building and operating affordable housing (Strategy2) and further recommends
that it be limited to units that remain within the pool of affordability (no voluntary exit).
Resolution 1993-39 Resolution 2005-46 would be amended by this proposed resolution
Fiscal Impact
The waiving of System Development Charges and Community Development and Engineering Fees
represents fees that go uncollected by the City. The System Development Charges waived are
intended to cover City wide improvements to Transportation, Parks, Sanitary Sewer, and water
systems associated with the impact of added residential units. Community Development and
Engineering Services fees are assessed as a percentage of the unit's valuation (0.9% and 0.75%
respectively).
The System Development Charges for an eligible unit would be approximately $6,500. This amount
in its entirety is currently deferred by the existing SDC Deferral Program for all eligible units. The
existing Resolution (2005-46) does not address Community Development and Engineering Services
fees which account for approximately $2000 in fees per unit.
The Council has established a goal of creating 200 affordable units by 2010, essentially anticipating
50 new affordable units per year. Assuming this goal is achieved the City would forgo the collection of
approximately $325,000 annually in SDCs. However, as the proposed resolution does not provide for
a waiver of Community Development and Engineering Services fees for affordable units provided to
satisfy a requirement of a Land Use approval, but rather only for those voluntarily provided, staff
believes the units eligible for the waiver of these fees will be limited to approximately 5-10 per year.
Therefore the City could forgo the collection of up to $20,000 in Community Development and
Engineering Services fees annually.
Council Options:
The Ashland City Council can approve, deny or direct Staff to modify the proposed resolution.
Recommendations:
The Housing Commission and Staff recommend approval of the proposed resolution as presented to
amend resolutions 1993-39 and 2005-46.
Potential Motions:
Motion to approve the proposed resolution amending resolutions 1993-39 and 2005-46.
Attachments:
Resolution 2006- A Resolution Amending Resolution 1993-39 and Resolution 2005-046
Housing Afforclability Tables (60%,80%,100%,120% AMI)
Housing Commission Memo dated May 25, 2005
Housing Commission Memo dated Dee 19th, 2006
Housing Commission Minutes Dec. 19,2005
Housing Commission Minutes Aug 15, 2005
Housing Commission Minutes June 13, 2005
Resolution 1993-39
Resolution 2005-46
'.1'
I I
RESOLUTION NO. 2006-
A RESOLUTION AMENDING RESOLUTION 1993.39 AND RESOLUTION 2005-46
RECITALS:
A. WHEREAS, in 1993, the City of Ashland passed Resolution no. 1993-39 which
established affordable housing income levels and rental and purchased cost levels.
B. WHEREAS, in 2005, the City of Ashland passed Resolution 2005-46 which
required provisions for homeowner and maintenance fees to be included in the
affordability calculations for its affordable housing program.
C. WHEREAS, neither resolution contained provisions establishing rent levels or
purchase price levels for households earning 60%, 80% 100% or 120% of the area
median income (AMI).
D. WHEREAS, neither resolution required Principal, Interest, Taxes and Insurance
(PITI) to be included in the maximum housing costs of eligible households in the
affordability calculations for the purchasing part of its affordable housing program.
E. WHEREAS both resolutions used "not-to-exceed purchase price" as a qualifying
criterion for purchasing housing units, which criterion requires annual revision, and the
current resolution seeks to replace the "not-to-exceed purchase price" with a "percent of
household income" criterion which does not require annual revision.
F. WHEREAS, the City considers that a range of qualifying incomes maximizes the
potential for success of its affordable housing program.
G. WHEREAS, the City desires that PITI be included in the affordability calculations
for the various income levels of qualified households and that the "percent of household
income" criterion be used in place of the "not-to-exceed purchase price" criterion.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Resolutions 1993-39 and 2005-46 are hereby amended in their entirety as follows:
SECTION 1. GENERAL ELIGIBILITY - RENTAL AND PURCHASED HOUSING
1 .1 All qualifying ownership or rental units required to be affordable through
density bonuses, annexation, zone change, condominium conversion, or other land use
approval under the Ashland Land Use Ordinance (ALUO) shall not be eligible to receive
a waiver of the Community Development and Engineering Services fees associated with
the development of said affordable units unless a waiver is approved by the Ashland
City Council.
------r-----".-----
1 .2 All qualifying ownership or rental units required to be affordable through
density bonuses, annexation, zone change, condominium conversion, or other land use
approval under the ALUO shall be eligible to receive a deferral of the System
Development Charges associated with the development of said affordable units.
1.3 All qualifying ownership or rental units voluntarily provided as affordable to
low income households, consistent with section 1.1 and 1.2, above, shall be eligible for
a System Development Charge, Engineering Service, and Community Development
Fee deferral or waiver without obtaining approval from the Ashland City Council.
1.4 Affordable Housing Units covered under this Resolution can only be sold
or rented to occupant households from the same income category as the original
purchasers or renters for a period of not less than 30 years, or as required through the
condition of approval for a unit required to be affordable through a land use approval.
1.5 System Development Charges, Engineering Services, and Community
Development Fees may be deferred or waived when units are sold or rented to low-
income persons. For purposes of this subsection, "low-income persons" means:
a. With regard to rental housing, persons with an income at or below
60 percent of the area median income as determined by the State
Housing Council based on information from the United States Department
of Housing and Urban Development; and
b. With regard to home ownership housing and lease to purchase
home ownership housing, persons with an income at or below 80 percent
of the area median income as determined by the State Housing Council
based on information from the United States Department of Housing and
Urban Development.
2. RENTAL HOUSING -. Units designated for affordable rental housing in
developments which have qualified for density bonuses, annexation, zone change,
condominium conversion , or other land use approval under the ALUO shall be rented to
individuals or households-whose annual income is consistent with the target income
identified in the planning approval. Incomes shall be qualified at the 60% or 80%
median income levels for households in the Medford-Ashland Metropolitan Statistical
Area (MSA). This figure shall be known as the "qualifying household income" and shall
be determined by the City's Department of Community Development in May of each
year from the annual family incomes published by the U.S. Department of Housing and
Urban Development (HUD) for the Medford-Ashland Metropolitan Service Area (MSA).
2.1 Area Median Income - 80%. The rent charged for such affordable rental
housing benefiting households earning 80% Area Median Income or greater, including
any home-owners association or maintenance fees, shall not exceed 23% of the
qualifying monthly income (qualifying family income divided by twelve) as provided in
the following formulas:
Studio Apartment 23% of the average of 1 & 2 person qualifying monthly
incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly
incomes
2 Bedroom 23% of the average of 3, 4, & 5 person qualifying monthly
incomes
3 Bedroom 23% of the average of 4, 5, 6, & 7 person qualifying monthly
incomes
4 Bedroom 23% of the average of 5, 6, 7, & 8 person qualifying monthly
incomes
The City's Department of Community Development shall maintain a table of
maximum rent levels permitted under these formulas and shall annually update the
table in May of each year.
2.2 Area Median Income - 60% or lower. The rent charged for such
affordable rental housing benefiting households earning 60% Area Median Income or
less, including any home-owners association or maintenance fees, shall comply with the
maximum rents established by the State of Oregon HOME Program based on the target
income qualification as adjusted annually by the Department of Housing and Urban
Development for the Medford-Ashland Metropolitan Service Area. The HOME program
indexed allowable rents are adjusted annually by the State of Oregon Housing and
Community Services Department (OHCS).
2.3. Owner's Obligation. The owner of the affordable rental housing shall
sign a 30-year agreement, or longer depending on the period of affordability established
through the ALUO, with the City of Ashland that guarantees these rent levels will not be
exceeded and that the owner will rent only to households meeting the income limits.
The agreement shall bind subsequent owners who purchase the rental housing during
the established period of affordability. The agreement shall also require the owner to
allow the unit to be rented to HUD Section 8 qualified applicants and agree to accept
rent vouchers for all of the affordable units when applicable. The City shall file the
agreement for recordation in the County Clerk deed records, Jackson County, Oregon.
2.3.1. Certification of qualifying occupants. The owner of record, or
the designated agent of the record, owner, shall annually file with the City of
Ashland a signed certificate stating the occupants of the record owner's rental
housing units continue to be qualified households within the meaning of this
Resolution, and any amendment made to it. The City of Ashland shall provide
the record owner or the record owner's agent with access to a form to complete
and sign to comply with this provision.
3. PURCHASED HOUSES - QUALIFYING. Units designated for affordable
housing available for purchase in developments which have qualified for density
bonuses annexation, zone change, condominium conversion , or other land use
approval under the ALUO must satisfy two criteria.
1. They shall only be sold to occupant households whose:
a. Annual income is consistent with the target income identified in the
planning approval for the development. Incomes shall be qualified at the
applicable 60%, 80%, 100% or 120% median income levels for
households based on number of people per household as adjusted
annually by the Department of Housing and Urban Development for the
Medford-Ashland Metropolitan Service Area.
b. Net assets, excluding pension plans and IRA's and excluding the
down payment and closing costs, do not exceed $20,000 for a family or
$130,000 if one family member is 65 years or older.
c. Mortgage payment does not exceed more than 30% of their
monthly income on total housing costs which includes PITI and any
homeowners or regular maintenance fees.
2. They shall remain affordable as follows:
a. The purchasers of the affordable housing units shall agree to the
City of Ashland Affordable Housing Resale Restriction Agreement
establishing a period of affordability of not less than 30 years.
b. For housing financed by Farmer's Home Administration (FmHA),
the affordability shall be assured by the FmHA's recapture provisions
FmHA which require sellers to repay FmHA for all the subsidies accrued
during the period the sellers resided in the housing unit.
SECTION 2. EFFECTIVE DATE. 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 , 2006.
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CITY OF
ASHLAND
Housing Commission Memo
Title:
Dept:
Date:
Submitted By:
Ashland Affordable Housing Program, SDC Deferral Program
Planning Department
May 25, 2005
Brandon Goldman, Housing Program Specialist
BACKGROUND
The City of Ashland currently defers System Development Charges (SDC) for "Affordable Housing
Units" for up to a 20 year period, at which time they are forgiven (waived). If a home enters the SDC
deferral program as affordable it can voluntarily exit the program and repay only the original SDC
amount plus 6% interest per year. Although this was thought to be a disincentive to exiting the program
when it was developed in 1993, given the current difference between "affordable" and "market rate"
housing prices this is no longer functional to keep units in the program.
Many units enter the program due to a requirement that they be affordable due to a land use action or
City contribution of funding. These include affordable units created through annexation or zone change
applications, condominium conversion applications, large scale development requirements, or CDBG
and City funded affordable housing projects. In each of these cases the affordability period requirement
exceeds the SDC Deferral Program 20 year limit, thus units stay in the program. However, the SDC
Deferral Program is currently the only mechanism in place to define units as affordable other than this
program. This program does not distinguish between income levels but instead states an affordable
rental is one that is affordable to households earning 80% Area Median Income (AMI), and an
affordable purchase unit is one that is affordable to households earning 130%AMI.
The Affordable Housing Action Plan supports the continuation of waiving SDCs as a means of lowering
the costs of building and operating affordable housing (Strategy2) and further recommends that it be
limited to units that remain within the pool of affordability (no voluntary exit). Given the recent
ordinance amendments to the zone change and annexation criteria of the Land Use Ordinance Staff
believes it is necessary to modify the SDC program to ensure future affordable units developed are
priced, or rented, at an affordable level. Currently the ordinances and the SDC program are
incongruous. For example, currently it is possible that a 2 bedroom unit required to be affordable to
households earning 60%AMI could be sold to them for up to $146,744 , whereas their true ability to
afford would limit the purchase price to approximately $78,000. Revising the SDC program to
accommodate a range of income levels and corresponding rents or purchase prices would resolve this
disparity.
r~'
Discussion Points
The following are offered for consideration by the commission
Period of Affordability
1) Require a minimum period of afford ability (30 years) to participate in the SDC Deferral Program
unless required to be longer by other ordinances or funding (IE 60 year zone change). Once
entering the program a resale restriction agreement would be recorded on the property ensuring it
remain affordable per the maximum rent/purchase price schedule set forth in the SDC Deferral
Program.
(this is the alternative proposed in the Affordable Housing Action Plan)
2) Allow voluntary entrance/exiting ofthe SDC Deferral program yet with greater disincentives to
exiting the program. Propose a sliding scale with significant penalties to encourage people to
voluntarily enter housing into the program, and remain in it for a longer period.
a) 0-5 year period repay all SDCs plus interest (6%) and assess a $10,000 penalty
b) 5-10 years period repay all SDCs plus interest (6%) and assess a $5,000 penalty
c) 10-15 years period repay all SDCs plus interest (6%) and assess a $3,000 penalty
d) 15-20 years period repay all SDCs plus interest (6%) and assess a $1,000 penalty
e) 20-30 years period repay all SDCs plus interest (6%)
t) 30 years or longer> all SDCs are forgiven
The legality of "Penalties" has not yet been investigated, should there be interest in this option
Staff can determine whether or not such an assessment is permissible.
Affordable Rents and Purchase Prices
Issue:
Currently the "Affordable Housing Program" is only defined by the SDC deferral resolution (93-39) that
establishes maximum rents for households earning 80%AMI, and Maximum Purchase Prices for
Households earning 130% AMI. As the zone-change ordinance and annexation ordinances provide
developers options to target a range of incomes (60%, 80%, 100%, 120% AMI) the existing resolution
does not ensure the households targeted can actually afford the units.
Options:
Establish new maximum purchase prices that are correlated to the specific income ranges, and adopt a
methodology, or standard, to establish maximum rents for the 60%, 80%, 100%, 120% levels.
Specifically rents should be consistent with the HOME Program to ensure federal Subsidy can be
directed to affordable rental projects:
RENTALS
60% AMI Rentals
Currently the Medford-Ashland HOME rental rate ranges (considered LOW and HIGH rent limits) for
units based on size (# of bedrooms) are as follows:
. Studios: $440
. 1 Bdr: $488-$523
. 2 Bdr: $586-$657
. 3 Bdr: $677-$846
Note the HIGH-HOME rents for studio, one bedroom, and two bedroom units are equal to the Fair
Market Rents noted in the Table above as HUD establishes the HIGH-HOME rent to be the lesser of
Fair Market Rent or ability to pay without exceeding 30% of a households income.
~A'
I I
It is appropriate that when Fair Market Rents are lower than the 30% of a households income that the
Fair Market Rent be the maximum a rental can charge. By utilizing the HOME rents they are adjusted
each year according to increases in median income.
80% AMI Rentals
The existing resolution (93-39) was developed to establish a maximum rent no greater than 23% of the
average household size depending on the number of bedrooms. This methodology assumes a 23%
housing costs to allow some money to go toward other housing costs (such as utilities). The resulting
rents are below:
Maximum Rents for 80% Median (per Res 93-39)
For rental properties covered under the Ashland Affordable Housing
Program
Studio $599
1 BDR $679
2BDR $794
3BDR $895
4BDR $959
100 and 120o/oAMI Rentals.
Currently there is not a housing cost burden for households earning more than 1 OO%AMI (defined as
paying more than 30% of income toward housing). Market rate rentals are currently less than their
ability to pay. However this may not be the case if market rate rents increase rapidly in the future. A
question that needs to be answered is given the burden of households earning less than 80%AMI, does
Ashland want to subsidize rental housing that targets households making more than 80% AMI with SDC
deferrals. The adoption of93-39 indicates that at that time (1993) there was not a such a desire at that
time and it seems that providing an SDC deferral for rentals targeted to such households is not presently
appropriate either.
FOR PURCHASE HOUSING
For any "for-purchase" unit the City must determine what it considers a housing cost when evaluating
whether a maximum purchase price is actually 30% of a households income. To do this, the City can
choose to include only the purchase price of the home or additionally include factors such as interest on
a loan, insurance, home owners association dues and taxes. Commonly referred to as "PITI", Principal,
Interest, Taxes, and Insurance are typically the contributing housing costs that are included when
determining the affordability of a purchase unit., This more comprehensive assessment of actual housing
cost is intended to ensure a household at a particular income range is not overburdened.
Tables are provided as an attachment to this memo to illustrate for discussion purposes what monthly
housing costs are affordable to each income range (60,80, 100, 120%AMI) depending on number of
rooms in a purchased housing unit.
Recommendations
Staff would like to come back to the Housing Commission at the subsequent meeting with
responses to questions and incorporate comments into a draft resolution for consideration. This
Resolution would establish the period of affordability, the maximum rental and purchase price
limits based on the income ranges to be consistent with the Land Use Ordinance. The new SDC
Deferral Program Resolution, if adopted by Council, would supplant resolution 93-39 for any new
developments regulated under the Affordable Housing Program.
~~,
.,---,-~
Upd
ated April 25, 2005
Income limits by Family Size: $/year
"For the Medford-Ashland Statistical Area as determined by the Department of Housing and Urban Development
2005
Income Level Number of Persons in Family
Category
1 2 3 4 5 6 7 8+
Extremely Low Income (30%) 10950 12500 14050 15650 16900 18150 19400 20650
Low Income (50%) 18250 20850 23450 26050 28150 30200 32300 34400
Income at 60% of Median 21900 25020 28140 31260 33780 36240 38760 41280
Moderate Income (80%) 29,200 33350 37500 41700 45000 48350 51700 55000
Median Income (100%) 36500 41700 46900 52100 56300 60400 64600 68800
Income at 120% of Median 43800 50040 56280 62520 67560 72480 77520 82560
Income at 130% of Median 47450 54210 60970 67730 73190 78520 83980 89440
~~,
-~ ,-----,------
CITY OF
ASHLAND
Housing Commission Memo
Title:
Dept:
Date:
Submitted By:
Ashland Affordable Housing Program, SDC Deferral Program
Planning Department
December 19th 2005
Brandon Goldman, Housing Program Specialist
BACKGROUND
The City of Ashland currently defers System Development Charges (SDC) for "Affordable Housing
Units" for up to a 20 year period, at which time they are forgiven (waived. Currently the SDC Deferral
Program is the only mechanism in place to define units as affordable under the "Ashland Affordable
Housing Program". As it stands this program does not distinguish between income levels but instead
states an affordable rental is one that is affordable to households earning 80% Area Median Income
(AMI), and an affordable purchase unit is one that is affordable to households earning 130%AMI.
The Affordable Housing Action Plan supports the continuation of waiving SDCs as a means of lowering
the costs of building and operating affordable housing (Strategy2) and further recommends that it be
limited to units that remain within the pool of affordability (no voluntary exit). Given the recent
ordinance amendments to the zone change and annexation criteria of the Land Use Ordinance Staff
believes it is necessary to modify the SDC program to ensure future affordable units developed are
priced, or rented, at an affordable level. Currently the ordinances and the SDC program are
incongruous. For example, currently it is possible that a 2 bedroom unit required to be affordable to
households earning 60%AMI could be sold to them for up to $146,744 , whereas their true ability to
afford would limit the purchase price to approximately $78,000. Revising the SDC program to
accommodate a range of income levels and corresponding rents or purchase prices would resolve this
disparity.
The Housing Commission has undertaken the process of reviewing the existing program in an effort to
revise it to be consistent with the Land Use Ordinance and ensure units within the program are
affordable to the intended households. The Housing Commission discussed the program at length on
May 25th, 2005, and again at their regular meeting on August 15th, 2005.
During these deliberations the Commission examined the options available for restructuring the
program. There was general consensus that affordability should be considered met when a household
spends no more than 30% of their income on housing costs. Housing costs for for-purchase units were
considered to include Principal, Interest, Taxes, and Insurance (PITI) Plus any homeowners association
of regular maintenance fees. It was undetermined whether housing costs for rentals should also consider
utility costs such as electric, water, and gas.
The Commission also discussed the period of affordability and whether a unit that voluntarily entered
the program could buy-out ofthe program by paying off the deferred SDCs with interest. If this was the
~~,
case the commission also discussed the potential of adding an early withdrawal penalty that was
structured as an incentive to remain in the program longer.
Ongoing Discussion Points
In order to draft a proposed resolution for consideration by the City Council it is imperative that the
Housing Commission determine the program requirements. Below are options the Commission can
consider for how the SDC Deferral Program would be structured:
Many developments with affordable units require some minimum period of affordability as
mandated by land use requirements ranging from 20 years (condo-conversions) to 60 years (annexations
and zonechanges). Further many affordable housing developments have state or federally regulated
periods of affordability (CDBG, HOME) of 20 years or more. Concern has been raised by a local
developer that the "voluntary" units that have no such requirements would be discouraged if the SDC
deferral was not available without the ability to exit the program by repaying the SDCs plus accrued
interest (letter attached).
Options before the Commission include:
Period of Affordability:
a) Mandated: Establish the period of affordability (suggested 30 years) with no early
withdrawal permitted and a waiver of the SCDs.
b) Voluntary: 30 year period for the SDC deferral, upon completion of the period of
affordability the SDC deferral becomes a "waiver" with no repayment, however if the unit
leaves the program prior to year 30 the owner must pay the deferred SDC amount + 6%
annual accrued interest.
c) Voluntary with Retention Incentive: 30 year period for the SDC deferral, upon completion
of the period of affordability the SDC deferral becomes a "waiver" with no repayment,
however if the unit leaves the program prior to year 30 the owner must pay the deferred SDC
amount plus interest and an amount based on years within the program: (this amount, to be
determined, would be high enough (ie $5-25,000) to encourage staying in the program)
Community Development and Engineering Services Fees:
a) Exemption: these fees be waived in their entirety for any affordable housing project
targeting households earning less than 80%AMI for ownership, and less than 60%AMI for
rentals, provided the units are obligated to be affordable for a period of not less than 30
years.
b) Application: these fees be assessed on all housing units regardless of affordability.
Staff recommends a 30 year minimum period of affordability with no early withdrawal permitted.
Further to reduce the costs of developing affordable housing units Staff recommends that development
of low income ownership and rental units be exempt from paying the Community Development and
Engineering Services Fees provided the units remain affordable for not less than 30 years.
RENTALS
Currently there is not a housing cost burden for households earning more than 100%AMI (defined as
paying more than 30% of income toward housing). Market rate rentals are currently less than their
ability to pay. However this may not be the case if market rate rents increase rapidly in the future. A
question that needs to be answered is given the burden of households earning less than 80%AMI, does
Ashland want to subsidize rental housing that targets households making more than 80% AMI with SDC
r1~'
deferrals. The adoption of93-39 indicates that at that time (1993) there was not such a desire at that
time and it seems that providing an SDC deferral for rentals targeted to such households is not presently
appropriate either. One may even consider whether it is appropriate to provide SDC Deferrals for rental
units targeted at the 80%AMI level given such rents would essentially be comparable to market rate
rents.
60% AMI Rentals
Currently the Medford-Ashland HOME rental rate ranges (considered LOW and HIGH rent limits) for
units based on size (# of bedrooms) are as follows:
. Studios: $440
. 1 Bdr: $488-$523
. 2 Bdr: $586-$657
. 3 Bdr: $677-$846
Note the HIGH-HOME rents for studio, one bedroom, and two bedroom units are equal to the Fair
Market Rents noted in the Table above as HUD establishes the HIGH-HOME rent to be the lesser of
Fair Market Rent or ability to pay without exceeding 30% of a households income.
It is appropriate that when Fair Market Rents are lower than the 30% of a households income that the
Fair Market Rent be the maximum a rental can charge. By utilizing the HOME rents they are adjusted
each year according to increases in median income.
Options before the Commission include:
a) 60%: Allow SDC, Community Development and Engineering Services Fee waivers (or
deferrals) only for rentals complying with the 60%AMI rent levels as established by the
State of Oregon Home Program for the Medford-Ashland Metropolitan Service Area.
b) 80%: Allow SDC, Community Development and Engineering Services Fee waivers (or
deferrals) only for rentals complying with the 80%AMI rent levels as established by City
of Ashland Resolution 93-39 as amended.
c) Choose (a) or (b) above with the added stipulation that SDC, Community Development
and Engineering Services Fee waivers only be provided to those affordable rental units
not required to be affordable as a condition ofland use approval (ie zone change or
annexation)
FOR PURCHASE HOUSING
For any "for-purchase" unit the City must determine what it considers a housing cost when evaluating
whether a maximum purchase price is actually 30% of a households income. To do this, the City can
choose to include only the purchase price ofthe home or additionally include factors such as interest on
a loan, insurance, home owners association dues and taxes. Commonly referred to as "PITI", Principal,
Interest, Taxes, and Insurance are typically the contributing housing costs that are included when
determining the affordability of a purchase unit. Further, Homeowners association dues or maintenance
fees are an additional housing cost to consider. This more comprehensive assessment of actual housing
cost is intended to ensure a household at a particular income range is not overburdened.
Options before the Commission include:
a) Principal, Interest, Taxes, Insurance (PITI) and Homeowners Association fees are all
considered part of ones monthly housing costs and in no case shall a household pay
more than 30% of their income in housing costs.
b) (a) above plus a utility allowance adjustable by CPI or other mechanism.
c) Principal only is evaluated in determining ability to pay.
~~,
I I
d) Establish a maximum purchase price (similar to Resolution 93-39) based on average
household size and a standardized conventional loan.
Staff recommends option 'A' above.
The new SDC Deferral Program Resolution, if adopted by Council, would supplant resolution 93-
39 with amendments, for any new developments regulated under the Affordable Housing
Program.
Sample Resolution attached- Upon recommendations from the Housing Commission the draft
resolution will be amended to reflect the alternatives selected. The final draft will be reviewed by
the Legal Department prior to consideration by Council.
~~,
RESOLUTION NO. 2005.
A RESOLUTION ESTABLISHING AFFORDABLE HOUSING INCOME LEVELS AND RENTAL AND
PURCHASED COST LEVELS AND REPEALING RESOLUTION 93-39
Recitals
A. In 2005, the City of Ashland passed resolution no. 2005- , establishing affordable
housing income levels and rental and purchased cost levels, and repeal of resolution 1993-39.
B. Resolution 1993-39 did not contain provisions to establish rent levels or purchase price
levels for households earning 60%,80% 100% or 120% of the area median income (AMI)
C. Resolution 1993-39 did not contain provisions to consider the maximum housing costs of
eligible households to include Principal, Interest, Tanxes and Insurance, with any homeowner
association or maintenance fees included in the affordability calculations.
C. The City desires that any said fees or assessments be included in the affordability
calculations for the various income levels of qualified households.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. Resolution No. 2005-
shall to read as follows:
1. RENTAL HOUSING. Units designated for affordable rental housing in developments which
have qualified for density bonuses, annexation, zone change, condominium conversion or
large scale development under the City's land Use Ordinance (lUO) shall be rented to
individuals or families whose annual income is consistent with the target income identified in
the planning approval. Incomes shall be qualified at the 60%, 80%, 100% or 120% median
income levels for households in the Medford-Ashland Metropolitan Statistical Area (MSA).
This figure shall be known as the "qualifying family income" and shall be determined by the
City's Department of Community Development in May of each year from the annual family
incomes published by the U.S. Dep~rtment of Housing and Urban Development (HUD) for the
Medford-Ashland Metropolitan Service Area (MSA).
1.1 The rent charged for such affordable rental housing benefiting households earning 80%
Area Median Income or greater, including any home-owners association or maintenance fees,
shall not exceed 23% of the qualifying monthly income (qualifying family income divided by
twelve) as provided in the following formulas:
Studio Apartment- 23% of the average of 1 & 2 person qualifying monthly
incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly
incomes
2 Bedroom, 23% of the average of 3,4, & 5 person qualifying monthly
incomes
3 Bedroom 23% of the average of 4,5,6, & 7 person qualifying monthly
incomes
4 Bedroom 23% of the average of 5,6,7, & 8 person qualifying monthly
incomes
~~,
The City's Department of Community Development shall maintain a table of maximum rent
levels permitted under these formulas and shall annually update the table in May of each year.
1.2 The rent charged for such affordable rental housing benefiting households earning 60%
Area Median Income or less, including any home-owners association or maintenance fees,
shall comply with the maximum rents established by the State of Oregon HOME Program
based on the target income qualification for the Medford-Ashland MSA. The HOME program
indexed allowable rents are adjusted annually by the State of Oregon.
1.3 The owner of the affordable rental housing shall sign a 30-year agreement, or longer
dependant on the period of affordability established through the LUO, with the City of Ashland
that guarantees these rent levels will not be exceeded and that the owner will rent only to
households meeting the income limits. The agreement shall bind subsequent owners who
purchase the rental housing during the established period of affordability. The agreement shall
also require the owner to rent to HUD Section 8 qualified applicants and agree to accept rent
vouchers for all of the affordable units where applicable.
2. PURCHASED HOUSING. Units designated for affordable housing available for purchase in
developments which have qualified for density bonuses annexation, zone change,
condominium conversion or large scale development under the City's Land Use Ordinance
shall
2.1. Only be sold to occupant households whose:
2.1.1. Annual income is consistent with the target income identified in the planning approval for
the development. Incomes shall be qualified at the applicable 60%, 80%, 100% or 120%
median income levels for households in the Medford-Ashland Metropolitan Statistical Area
(MSA).
2.1.2. Net assets, excluding pension plans and IRA's and excluding the down payment and
closing costs, do not exceed $20,000 for a family or $130,000 if one family member is 65 years
or older.
2.2. Have a mortgage payment that ensures the occupant household shall pay no more that
30% of their monthly income on total housing costs to include, principal, interest, taxes,
insurance and any homeowners or regular maintenance fees.
2.3. Be assured to remain affordable as follows:
2.3.1. ALL DEVELOPMENTS Requiring Affordability - For all developments requiring the
provision of affordable housing, affordability will be assured by requiring that the purchasers of
the affordable housing units agree to the City of Ashland Affordable Housing Resale
Restriction Agreement establishing a period of affordability of not less than 30 years, prior to
the issuance of a certificate of occupancy for the units.
2.3.2 System Development Charges, Engineering Services, and Community Development
Fees may be deferred or waived when units are sold or rented to low-income persons
For purposes of this subsection, "low-income persons" means:
~~,
1. With regard to rental housing, persons with an income at or below 60 percent
of the area median income as determined by the State Housing Council based
on information from the United States Department of Housing and Urban
Development; and
2. With regard to home ownership housing and lease to purchase home
ownership housing, persons with an income at or below 80 percent of the area
median income as determined by the State Housing Council based on
information from the United States Department of Housing and Urban
Development.
2.3.3 For all ownership units required to be affordable through density bonuses,
annexation, zone change, condominium conversion or large scale development under the
City's Land Use Ordinance (LUO), or having received a System Development Charge,
Engineering Service, and Community Development Fee deferral or waiver can only be sold to
occupant households from the same income category as the original purchasers.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090
duly PASSED and ADOPTED this day of I 2005.
r1~'
Upd
ated April 25, 2005
Income Limits by Family Size: $/year
"For the Medford-Ashland Statistical Area as determined by the Department of Housing and Urban Development
2005
Income Level Number of Persons in Family
Category
1 2 3 4 5 6 7 8+
Extremely Low Income (30%) 10950 12500 14050 15650 16900 18150 19400 20650
Low Income (50%) 18250 20850 23450 26050 28150 30200 32300 34400
Income at 60% of Median 21900 25020 28140 31260 33780 36240 38760 41280
Moderate Income (80%) 29,200 33350 37500 41700 45000 48350 51700 55000
Median Income (100%) 36500 41700 46900 52100 56300 60400 64600 68800
Income at 120% of Median 43800 50040 56280 62520 67560 72480 77520 82560
Income at 130% of Median 47450 54210 60970 67730 73190 78520 83980 89440
~~,
CITY Of
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
DECEMBER 19, 2005
CALL TO ORDER - The meeting was called to order at 6:30 pm by Vice Chair Matt Small.
Commissioners Present:
Absent Members:
Council Liaison:
Staff Present:
Matt Small, Vice Chair
Liz Peck
Don Mackin
Jennifer Henderson
Carol Voisin
Bill Street
Alice Hardesty
Faye Weisler
Cate Hartzell, arrived at 7:05 p.m.
Brandon Goldman, Housing Specialist
Sue Yates, Executive Secretary
APPROVAL OF MINUTES
November 21, 2005 Minutes - Henderson made a correction under "Finance," that should read, "Mary Brooks, Center for Community
Change." Under "Other Business" 'neighbors' was misspelled.
Mackin/V oisin m/s to approve as corrected. Mackin/V oisin m/s to approve the minutes as amended. Voice Vote: Approved.
PUBLIC FORUM
An unnamed woman spoke. They have no housing, no car and three children. They have been getting help from churches and
ACCESS. They are living in a motel room. They have lived in Ashland off and on over the past six years. She only has access to
minimum wage jobs. Her husband takes odd jobs but no steady work.
Hartzell arrived at 7:05 p.m.
AARON BENJAMIN, 740 Emigrant Creek Road, said the Planning Commission approved a mixed use project at 1651 Ashland Street at
last Monday's Planning Commission meeting. The project is mixed use with commercial use on the ground floor and residential
development on the second floor. There was no mention of the background on this site. There had been a project developed in
cooperation with RVCDC and a bank using CDBG money. The project fell through. He believes it would set a positive moral tone if
there is any way possible to press the developer to provide even more affordable units than required.
There was an editorial printed on 12/15/2005 talking about pros and cons of the Housing Commission becoming officially involved in
the planning process. The editorial suggested this would be another layer of bureaucracy. Benjamin read a letter that he prepared for
the Tidings because the Planning Commission is not being sensitive to the affordable housing issue and if they were, there would not
be a need for the Housing Commission to take a participatory role. It is time for the Council to take bold steps. He had a list of
suggestions.
Hartzell suggested he change the word "oversight" to "review" of planning actions.
Hardesty thought it might be a good idea for someone on the Commission to respond to the Tidings' article.
ALAN DEBOER, 2260 Morada Lane, was hoping the Housing Commission would work on setting policy for the City instead of
reviewing planning actions.
TOM BRADLEY, 700 Terrace Street, serves on the board of ACLT and they are proposing a joint venture with ACLT and the City for
the Handyman building to renovate the building for non-profit tenants on the ground floor and use the second and third floors for
residences. They would like a recommendation from the Housing Commission. Small suggested putting this on next month's agenda.
HUELEZ said as prices go up, zero net housing does not have utility bills. It costs 15 percent more initially, but it will pay in the long
run for affordable housing.
UPDATES
Housina Alliance Leaislative Aaenda - There is a memo in the packet talking about the meeting held on December 14, 2005. They will
be going to the State Legislature asking for $143,500,000. Of that, a significant amount would come from a Real Estate Transfer Tax.
There will be another meeting in February to finalize their strategies.
Reauest for Amendments to SDC Deferral Proaram - Discuss under Old Business.
Current Proiect UDdates - The project that Benjamin referred to will be required to have two units that are affordable. The applicants
offered to do four units. That was acceptable and approved by the Planning Commission.
Lithia Lot Neaotiations - There will be a meeting on December 21 sl to review a valuation of the property that was provided from Sam
Fung. Hopefully, they will be able to determine how much the proceeds from the commercial component will be.
ACCESS is currently the primary partner. ACL T has stepped out of the development. ACCESS has had more experience and will
manage the affordable housing.
Housina Commission Budaet- The budget is $750. The Commission has spent $317. They took funds out of other sections of the
Community Development budget to fund the Employer Assisted Housing meeting and some other expenses. The cost of the
Workforce Housing Summit is $35 per person.
CONSENT AGENDA
Subcommittee ReDorts
Education - Employer Assisted Housing Meeting - Notes were taken at the meeting and they are in the packet. There will be a
follow-up with perhaps a letter to the editor. Also, they are inviting businesses back for further discussion to see what kinds of needs
they have. The priorities of the Education Committee are listed in the packet. They will be meeting again on December 21 Sl.
Liaison ReDort - Juli DiChiro attended the Employer Assisted workshop and was one of the few that signed up to come back in
January. Three members of the School Board attended Diana Shavey's workshop later. Hardesty made copies of an article from the
New York Times regarding creating housing for teachers. She offered to send them to the members of the School Board.
Subcommittee of the Parks. City Council and School District - They are going to meet January 41h from 1 to 2:30 pm in the Parks Office
to discuss the details of the specific properties they are talking about preserving (playgrounds). Voisin and Hardesty can attend.
OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS - None
NEW BUSINESS
Council Presentation bv Housing Commission - On January 171h the Housing Commission will have an opportunity to present to the
Council a regular update on the Housing Commission activities. The Education Committee talked briefly about what the presentation
might entail. Goldman will present a short PowerPoint presentation to talk about the state of housing in Ashland, statistics, and
affordable housing projects that are completed and underway. The Commissioners will summarize what the Commission has done
this year. They considered using charts and graphs and letting the Council know that there is a housing crisis in Ashland. They want
to explain the collaborative efforts they have made over the past year, their priorities and accomplishments and what they see coming
up in the near future.
The other issue before the Council will be the Housing Commission's role in the planning review process in addition to the annual
update. Street volunteered to present the planning review process. Henderson agreed to help. The Commissioners generally agreed
that the two issues should be clearly separate.
Voisin suggested that everyone know what they are presenting by January 12th and send to Goldman what they will be saying.
Goldman can then distribute the presentation to everyone.
Voisin and Street will talk about workforce housing, Weisler and Small will represent the Finance Committee and talk about the
housing trust fund, Peck, Mackin and Henderson will discuss Land Use, and Hardesty will talk about collaboration.
VoisinlHenderson m/s to extend the meeting 15 more minutes. Voice Vote: Approved.
HOUSING PRIORITIES - Peck said the housing priorities have to get done before the next Housing Commission meeting to be ready for
the January 17th presentation. The Housing Commission will meet on January 9,2006.
SDC DEFERRAL PROGRAM
Goldman said this was last discussed in 2005 (see memo in packet dated December 19,2005). There is a program narrative in the
packet and a sample resolution. Option A would require a mandated 30 year period of affordability. Or, a voluntary 30 year period of
affordability with a six percent annual accrued interest return (essentially what it is today, but 20 years).
ASHLAND HOUSING COMMISSION
MINUTES
DECEMBER 19, 2006
2
I I
There are two options for the Community Development and Engineering Services fee. One is to exempt the fees outright for
properties that target households at 80 percent AMI for ownership and 60 percent for rentals. Currently that exemption has been
granted on a case by case basis by the Council. The SDC deferrals amount to $7000 to $10,000. The Community Development and
Engineering Services fee is about $2000.
StreetIV oisin mls to approve Staff's recommendation for a 30 year period of affordability with no early withdrawal period permitted
and to further reduce the cost of the affordable housing units, waiving the Community Development and Engineering Services fees.
Voice Vote: The motion carried unanimously.
Staff has recommended in the resolution that the SDC deferrals apply to those projects that benefit renters at 60 percent AMI. Units
coming in at 60-80-120 would all qualify as affordable housing units under the program. That is consistent with the zoning ordinance
and the annexation ordinance that sets those limits but the SDC deferrals would only be permissible that are benefiting low income.
Rent levels would be targeted at the 60 percent to the HOME program. That includes a set-aside for utilities. The 80 percent
ownership would be established by looking at the principal, interest, taxes and insurance as well as housing association fees. Instead
of setting a maximum purchase price, it would set a maximum monthly payment based on the household's ability to pay.
Staff is recommending Option A - 60 percent AMI for rental housing to provide a greater subsidy and incentive. The Commission
could also forward Option C.
Henderson/Hardesty mls to choose Option C with Option A. Voice Vote: The vote was unanimous in favor.
For-Purchase Housing.
There are four choices (see 12/19/05 memo). Staff is recommending: a) Principal, interest, taxes, insurance and homeowner's
association fees are all considered part of a person's monthly housing costs and in no case shall a household pay more than 30 percent
of their income in housing costs.
Voisin/Mackin mls to choose a). Voice Vote: The vote was unanimous.
Housing Priorities - They can just show the Council what they have thus far.
The Commissioners wondered what Staff s recommendation will be in reference to the Housing Commission reviewing planning
actions. Goldman thought Staff would outline workload rather than a recommendation for or against reviewing planning actions. The
Commissioners believe they should get this fully worked out before they go to the Councilor they should reconsider going to the
Council on the 17th. Hartzell said the Commission needs to be looking at proposals. We think it is important. How do we do that?
The Commission decided to meet on January 9,2006 to discuss housing priorities and review Staffs position concerning review of
planning actions. This meeting will take the place of the January 23rd.
ADJOURNMENT - The meeting was adjourned at 9:00 p.m.
Respectfully submitted by
Sue Yates, Executive Secretary
....
ASHLAND HOUSING COMMISSION
MINUTES
DECEMBER 19, 2006
3
I I
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
AUGUST 15, 2005
CALL TO ORDER
Chair Matt Small called the meeting to order at 6:40 pm. at the Community Development and Engineering Services Building located
at 51 Winburn Way, Ashland, OR 97520.
Commissioners Present:
Council Liaison:
Staff Present:
Matt Small, Chair
Alice Hardesty
Liz Peck
Faye Weisler
Bill Street
Carol Voisin
Don Mackin
Jennifer Henderson (new member)
Cate Hartzell (arrived at 6:45 p.m.)
Brandon Goldman, Housing Specialist
Sue Yates, Executive Secretary
Small introduced Jennifer Henderson who replaces Kim Miller. Small asked that it be noted in the minutes how much Kim Miller and
Amy Korth's (left the Commission a couple of months ago) efforts were appreciated by the Commission.
APPROVAL OF MINUTES
Mackin/V oisin m/s to approve the minutes of the July 18, 2005 meeting. Voice Vote: Everyone approved.
WeislerNoisin m/s to approve the minutes of the July 23, 2005 meeting. Voice Vote: Everyone approved.
PUBLIC FORUM
HULZ spoke regarding Dapper Dell's, the solar learning center, an idea he has for high- end homeless people. He is still working on it.
He said it really works.
OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS
New and Miscellaneous Commissioner Discussion Items Not on the Agenda
Small recalled that each subcommittee was going to look at their priorities one last time and report to the Commission at this meeting
those priorities along with a timeline for getting the work done. He thought vulnerable properties should be part of the Land Use
subcommittee. Henderson expressed an interest in working on the Land Use subcommittee and perhaps Finance. Hartzell asked to be
involved in the Land Use subcommittee for at least a couple of meetings. She asked Goldman to update the matrix and add it to next
month's agenda.
The Commissioners discussed the Action Items mentioned on Page 4 of the June 23, 2005 study session and what subcommittee
would be involved with each item.
· Creating a list of vulnerable properties. (Land Use)
· Inform the Downtown Plan Committee that public lots should be available for work force housing. (Education)
· Review information regarding density bonuses and condominium conversions for affordable housing provisions. (Land
Use)
· Have a conference call with Fannie Mae regarding employer assisted housing. (Education)
· Have a conference call with HUD regarding section 108 loan program. (discuss at this meeting)
· Request that other public bodies establish a liaison to the Housing Commission. (Education)
Goldman was going to draft a letter to Parks, School Board, Planning Commission, Conservation Commission and SOU.
· Housing Commission members to be liaisons to public bodies.
Parks - Street/Schools - Hardesty/ Planning Commission - Mackin, Peck, Henderson
· Draft letter for Housing Commission to send to ICCA regarding future use of 144 Second Street. Agenda item for tonight.
· Determine legality of restricting housing to families only. Goldman found out you can restrict housing to families. People
with children are a protected class.
ASHLAND HOUSING COMMISSION
MINUTES
AUGUST 15, 2005
I I
The Education Committee drafted Voisin to be chair and she recommended that the other committees do the same.
April is supposed to be the month we elect officers. Henderson moved to retain Small as Chair and Weisler as Vice Chair until April.
The motion died for lack of a second. It was agreed this item will be discussed at the September meeting.
Diana Goodwin-Shavey, former Housing Commissioner, will be in town on August 19th and offered to make herself available to spend
some time answering questions of Housing Commissioners. Goldman will e-mail her and find out exact times and let the
Commissioners know.
Goldman will get an updated copy of the HUD housing in Ashland.
The Commission agreed that committees should consider asking for community volunteers to help them. Hartzell suggested, if it is
approved by Legal, that a committee could establish an advisory group, especially Finance.
NEW BUSINESS
Interfaith Care Community of Ashland update
Goldman said Sharon Schreiber, Director ofICCA, indicated the property on Second Street is for sale. Any sale is contingent upon
ICCA finding another location in Ashland to purchase and operate services. Their goal is to continue operations in Ashland and not
pull the equity out of Ashland. They are looking for a site out of a residential area. Goldman said he will draft a letter to ICCA
complimenting them on their desire to stay in Ashland and encouraging them to continue their services here.
Discussion on recommendation to Council regarding additional Housing Staff
Gino Grimaldi, City Administrator, is willing to speak to the Housing Commission on September 19th. Goldman will itemize his
responsibilities, prioritizing by percentage of time spent on each task. Small asked Hartzell to be prepared to talk to Grimaldi at the
next meeting. She agreed.
OLD BUSINESS
SDC Deferral Program Changes
Goldman said since this was last presented, he has contacted non-profit and for-profit housing developers for their input into the
proposed changes to the SDC program. He received a letter from ACCESS, Inc., outlining their concerns. The proposed changes are
suggestions to clarify the SDC program as it relates to other sections of our code, namely the zoning ordinance and the annexation
ordinance that establish that units have to sell between 60 and 120 percent of median income or rent to those qualified households.
There is nothing in the SDC program that establishes what an affordable purchase price is for the different income levels. As a result
there is a potential that someone can create a unit that meets the zoning requirement and targeted to someone at 60 percent of median
income. The concern is that they may not be able to afford it if they have purchased it at the current maximum purchase price. (Refer
to Goldman's memo of May 25,2005 and his chart of examples.) The table establishes how much a monthly payment will be. The
rationale behind it is not to establish a maximum purchase price but rather say a household cannot spend more than 30 percent of their
income and if they get a better interest rate they can then afford a higher dollar value for the home. If their interest rate is lower, the
house would have to have a lower selling price. In other words, it shifts the focus from the current SDC program from a maximum
purchase price to maximum monthly mortgage. Whenever a unit transfers, it would be held to this program. However, a provision
could be added to protect the first time buyer to establish the resale amount so it cannot be less than their original purchase price.
The letter from ACCESS has asked what would happen in the case of a hardship. Goldman said in the event of a transfer, if it is a
qualified transfer, an owner would not have to pay the penalties. The penalties would only kick in if an owner wanted to get out of the
program by paying SDC's to sell the home at market rate.
There are less than a half dozen homes that fall under the SDC deferral program each year. These are now deed restricted.
Goldman said the program could be a voluntary "in" but with no voluntary "out". That would keep a unit affordable for 30 years. It
would be Staffs recommendation that units will remain affordable for a 30 year period and that the developer would be exempt from
paying the Community Development and Engineering Services Fee.
Weisler said in the hardship cases, would there be an entity that could buy it and hold it in affordability for the short term? She would
like the City to have the right of first refusal. Henderson said there is a model in ACLT.
Is the Commission favorable toward a minimum period of affordability or a voluntary inlvoluntary out? Does the Commission wish to
have the purchase price correlated to income (30 percent for a mortgage) or a maximum? Should utilities be included? For simplicity,
it would be better to do things that can be tracked over time.
PUBLIC HEARING
ASHLAND HOUSING COMMISSION
MINUTES
AUGUST 15, 2005
MELANIE MINDLIN, Fordyce Co-Housing, strongly supports going to a case by case basis for SDC deferral. She would encourage them
to go to 35 percent to encourage buyers to put together their best package and she would like it tied to percentage of income. She
would not prefer to have a term of affordability and have as little overlay as possible. All it does is get in the way of what the non-
profits are doing. She has a pet peeve about limiting equity on those creating affordable housing and buying affordable housing.
SHELLEY AUSTIN, ACLT, agreed with most of what Cyndi Dyer of ACCESS said in her letter. With regard to the period of
affordability, if there is any deferral program that has a disincentive for getting out of the program, anything less than 30 years, there
should be a $10,000 penalty. We've seen in Ashland so many times where the SDC's have been paid off and the units fall out of the
program.
Goldman said he'd come back with answers to questions and a draft resolution. Hartzell asked Goldman to craft some optional
language in the resolution for the points that have been brought up.
SUBCOMMITTEE REPORTS
Liaison Reports
Parks - Street spoke with Mike Gardiner, Parks Commission Chair. They've met twice with the School Board and City Council.
They will be meeting again on September 8th at the Council Chambers at 7:00 p.m. and affordable housing is at the top of the list.
However, Gardiner doesn't see that Parks will be very involved affordable housing solution. Street will talk with the other
commissioners to try to persuade Gardiner to shift a little bit.
Schools - Hardesty met with Ruth Alexander, School Board member and she is very interested. Hardesty has met with Amy Patton.
They are just talking at this point about how they can work together. Alexander is interested in coming to one of the Housing
Commission's meetings. They talked about the idea of little working groups that could be made of up of two to three Housing
Commission members as well as informal discussion with the School Board members that would include Juli DeChiro, Superintendent
of Schools.
Planning - Mackin said he and Peck attended the Planning Commission meeting to talk about condominium conversions. It will be
coming back to a Planning Commission study session, maybe on July 23,2005, 7:00 p.m. at the Council Chambers.
Conservation - Weisler asked them if they could support energy conversation for affordable housing. There is a possibility of
dedicating the sale of green tags for solar panels for affordable housing. They would have to go to the Council for approval. At the
end of the year, dedication of the proceeds will be decided. They might also consider applying for a grant from the Bonneville
Environmental Foundation.
Education - Voisin reported they have a call to Fannie Mae on how to best devise a survey to take to employers. They will establish a
time when a Fannie Mae representative can be a part of an employer assisted housing workshop (probably November) and the
outcomes they are looking for. Future meetings are August 29 at 5:15 p.m. and September 12, 5:15 p.m.
Next Quarterlv Studv Session
There are two October dates - the 15th or the 22nd for a meeting with Darcy Strahan from the State. Goldman will target the 22nd and
let Strahan know soon. The meeting time will be 8:30 a.m. to 2:30 p.m. The Commission will have Strahan for about I Y2 hours.
CITY COUNCIL LITHIA LOT PROPOSAL
The Council heard the proposals on August 3rd. They've set a Special Meeting for August 30th at 7:00 p.m. for this item alone.
Goldman is expecting a decision at that meeting. Hardesty will be there and she encouraged others to attend the meeting and come
prepared. Staff will have a separate recommendation from that of the Housing Commission.
Goldman said Kendrick submitted a Performa showing what their project is built on. He will check with Legal to see if it admissible.
Hardesty, Mackin and Street volunteered to go to the Council meeting.
AGENDA ITEMS FOR NEXT MEETING
Discussion of whether or not to vote for a new Chair and Vice Chair.
ADJOURNMENT - 8:45 P.M.
ASHLAND HOUSING COMMISSION
MINUTES
AUGUST 15, 2005
ASHLAND HOUSING COMMISSION
MINUTES
JUNE 13, 2005
CALL TO ORDER
Chair Matt Small called the meeting to order at 6:35 p.m. at the Community DevelopmentlEngineering
Services Building in the Siskiyou Room located at 51 Winburn Way.
Commissioners Present:
Matt Small, Chair
Faye Weisler
Bill Street
Alice Hardesty
Carol Voisin
Don Mackin (arrived at 7:45 p.m.)
Liz Peck
Cate Hartzell (absent)
Brandon Goldman, Housing Specialist
Carolyn Schwendener, Account Clerk
Absent Members:
Council Liaison:
Staff Present:
APPROVAL OF MINUTES
Before the minutes were approved Matt Small announced that Kim Miller is resigning from the
Commission due to health concerns. Mr. Miller is interested in coming back in the future if he receives
approval from his doctor.
It was noted that Susan Yates and Brandon Goldman did a masterful job with last month's minutes.
HardestyNoisin mls to approve the minutes of the May 25,2005 meeting.
PUBLIC FORUM
Allan Sandler inquired if he would be able to speak on item number five the Lithia Parking Lot Proposal.
Mr. Goldman explained that he had previously told respondants that the public hearing had been closed and
that it would be up to the Commission to decide if they want to allow more public testimony. It was
decided by Small that since the public forum was closed last month it should not be reopened. Goldman
shared that all applicants or interested parties will be able to speak before the City Council on that agenda
item.
Aaron Benjamin spoke regarding two items he wanted to bring before the Commission. Mr. Benjamin
stated that the Charter Review Committee made it very clear that it will recommend to the Council that the
Park Commission remain independent and that Commissioners be elected. Benjamin requested that the
Commission make a pitch to the Charter Review Committee to make a recommendation to encourage joint
use of publicly owned land.
Benjamin's second topic for discussion was that he wanted Goldman to give a progress report on the joint
project that was undertaken by the University Department of Geography and the Housing Commission.
Commissioner Hardesty addressed Mr. Benjamin's first comment. Hardesty stated that after talking with
some of the Charter Review Members it was her understanding that they felt this was such an enormous
change they were reluctant to do so at this time. She encouraged Mr. Benjamin to pursue the issue even
though he might have felt it was roundly rejected the first time. Commissioner Street said to remember
that the Parks Commissioners are elected and therefore they can make this topic an issue during the next
campaign. He suggested getting Commissioners on the board that are receptive to the idea of collaboration.
Mr. Goldman then gave an update to the inventory that the SOU students are working on. Eighteen
students participated making maps of each of the neighborhoods that are zoned multi-family. Those
eighteen students then went into those neighborhoods to count the number of units per parcel. The
I I
buildable lands inventory is structured on how many units per acre could there be but this inventory told us
how many units there are on each parcel, said Goldman. The students have completed the inventory work
and Goldman will be meeting with the coordinator on June 24, 2005 to go over the information. The
coordinator will be imputing the information into the GIS system so that Ashland will have an accurate
map that reflects how many units we have on each property in the multi-family zones.
Commissioner Weisler wanted to make a follow up comment to the parks discussion. She feels like the
real issue for the Commission is the source of funding. Weisler stated that the Commission needs to be
advocating for additional tax dollars that would be dedicated for affordable housing. Mr. Goldman said
that there is a potential in working with some of the institutions such as Parks and SOU by doing a transfer
of density off of the remaining property. Mr. Goldman gave the example of Lincoln School to explain the
transfer of density. It's an opportunity that exists when a portion of the property is designed for parks and
they don't need that density.
The Commission discussed the idea of sending a liaison to the Parks Department, School Board, Planning
Commission and the City Council. Commissioner Street stated the purpose would be to have a
spokesperson to represent the Housing Commission. Commissioner Hardesty volunteered to be the liaison
to the School Board, Street volunteered for the Parks Commission and Weisler volunteered to be the liaison
for the Planning Commission. Hartzell is already the liaison for the City Council.
SUBCOMMITTEE REPORTS
Commissioner Voisin gave a report from the Education Sub Committee. She presented an item they would
like the Housing Commission to put on the agenda for the City Council. Voisin said they would like the
real estate tax to be put to a vote in 2005. Goldman explained that the City Council could not impose a real
estate transfer fee except by vote of the citizens.
Voisin clarified that in order to get this item on the City Council July 10,2005 meeting she requested it be
on today's Housing Commission meeting agenda.
Voisin/Street m/s to approve putting this item on tonight's agenda. Voice Vote: All AYES, Motion
passed.
Voisin also stated that the Commission is planning on meeting with realtors to talk about the real estate tax,
both those in favor and those opposed.
Commissioner Voisin recommended that the Commission have another study session and each Sub
Committee come to that session with some homework done with regard to priorities and a time line for the
next year. It was suggested that the study session be Saturday July 23,2005. Goldman will keep everyone
informed by email regarding the date.
The next Education Sub Committee meeting will be determined at a later date.
Finance Committee will be meeting next Monday June 20, 2005 and again on Monday July 11, 2005 from
7:00 p.m. to 8:30 p.m. in the Community Development! Engineering Services Building.
OTHER BUSINESS ROM HOUSING COMMISSION MEMBERS
Commissioner Street asked if it was appropriate to talk about the mayor's appointment to the Housing
Commission. Goldman confirmed it would be vital that the Commissioners touch basis with other people
they know who are interested in serving on the Commission and urging them to submit an application.
Weisler suggested it might be a good idea rather then individuals suggesting recommendations that the
Housing Commission be supportive of a certain individual and recommending them to the Mayor.
Goldman said he doubted that a Commission had ever sent a recommendation for an individual forward
and that the Mayor appoints positions. He did encourage the Commissioners if they had strong feelings of
support for an individual to write a letter informing the mayor.
Voisin inquired about where they were with replacing the student liaison. Goldman stated that he had
contacted the student government requesting a student liaison and has not heard back. He also spoke with
professor Acklin and she will voice it to all her classes. Voisin stated that she had a student that would be
interested. Goldman told her to have the student submit a letter of interest to the mayor.
OLD BUSINESS
Lithia Parking Lot Proposal Evaluation: It was decided by the commission to come back to this agenda
item in hopes that they would have a quorum later in the evening.
NEW BUSINESS
Affordable Housing Program Changes and System Development Charges: Currently the city exempts
properties that are considered affordable from paying the SDC. Goldman stated that it doesn't exempt
them but provides them a loan with no repayment. If the property stays affordable for a period of 20 years
the loan is then forgiven entirely. Whenever this is done with a rental or for ownership they have to
provide income qualifications for the city to qualify that the person is affordable. That happens every time
there is a change of tenancy. Goldman explained there is a deed restriction recorded on the property that
requires it to be affordable through a land use action or through public funds going into the project. There
is not a deed restriction for those who voluntarily enter the program. Those people can voluntarily buyout
of the program by paying off the SDC and 6% interest as it accrued from the time that they took out the
loan until the time they left the program. Goldman used the Chautauqua Trace example. Many of those
home buyers voluntarily bought out of the program because the SDC were far less then the appreciation.
They then could sell the property at full market rate.
When the city provides the subsidy units they want to ensure that households are not paying more then they
can afford for the property, stated Goldman. Goldman reviewed the tables that he had included in the
Commissioners packet that correlates the purchase price of the house and what someone's ability to pay is.
Whether or not to include utilities in the number would be a discussion point for the Commission. The
detriment is that they are highly variable. What it aims to do is establish instead of a maximum purchase
price a maximum ability to pay. After the Land Use Committee has time to review it and discuss it
Goldman would like the Commissioners to present either a modification or an elimination of the existing
resolution and then a new resolution would be adopted by City Council that establishes what an affordable
housing unit is and what the city will grant a SDC for. Weisler asked what the downside is. Goldman
stated that the concerns might be how a maximum monthly cost would effect there ability to get SDC
deferrals.
Weisler inquired about the success in Ashland with our climate of solar panels. She felt that for
affordability it would make since to try and get energy efficient units rather then just an energy refrigerator
for example. Goldman talked with Larry Giardina, City Conservation Analyst, who felt that the repayment
of the solar panel is 30 years at a $30,000 cost. Weisler felt it would be worth looking into programs that
might help with that cost so it doesn't add to the cost of the unit for those needing affordable housing.
Hardesty inquired what determines what people can pay. It's an established process. The applicant submits
an application to the city and Mr. Goldman screens the buyer. He reviews their W-2 and income earning
statements to determine what their income level is and then contacts the seller to let them know if they are
an eligible buyer. At this time Mr. Goldman reviews about 18 to 20 changes in occupancy a year.
Hardesty asked if they should be making a decision regarding this today. Brandon said he has it on next
month's agenda. His hope was to begin the conversation but conclude it at next months meeting.
Weisler asked Goldman why have a voluntary exit. Goldman explained if they enter the program
voluntarily the idea was that it might encourage people to offer an affordable unit that might not otherwise
have to. Weisler commented that they probably enter the program originally because they get the SDC
waived. Should we allow them to get out asked Weisler? Goldman commented that any SDC are
mandated under state law that any proceeds for those have to go to provide for city wide systems such as
transportation and sewer. Goldman stated that in recent year's non profits have used it more often then
private developers though in the coming years he anticipates a shift to more private developers.
Weisler would like to have this item placed back on next months agenda. The topic for discussion would
be what kind of penalty should be implemented.
Street suggested that instead of assessing a penalty we require that they donate to the Housing Trust Fund.
Frame it more positively. Street suggested that perhaps there could be a financial incentive over a period of
time. Hardesty asked about paying the SDC up front and them getting rebates back throughout the years.
It was agreed by the Commission that the waived SDC up front really helps the home owner and they might
not like the idea of having to pay it at all.
Small asked Goldman about the for profit developers. Does he see any problem with the whole set up with
developers and their inability to make ends meet. Brandon offered to talk with non profit large developers
in town who are currently proposing annexations and give them the opportunity to come back with an
analysis regarding how it is going to work for them. They will be best to tell the commission how it will
affect them adversely stated Goldman
Commissioner Street asked someone to call Don and Cate so that they could discuss the Lithia parking lot
proposal. They cannot forward a recommendation to the City Council without a quorum. Don Mackin
arrived shortly after but no one was able to get a hold of Cate Hartzell.
COMMISSION COORDINATION
City Council Lithia Lot proposal evaluation.
It was the legal departments position that it should go before the City Council at the soonest opportunity to
limit any kind of suite on behalf of the respondent saying we weren't meeting the provisions of the
advertisement.
Hardesty suggested that the Commission meet again since they do not have a quorum.
Street asked Goldman if he could remind the commissioners of the meeting on the day of it.
JULY 18. 2005 MEETING AGENDA ITEMS.
Oregon Housing and Community Services
Darcy Strahan will be here on July 18, 2005 for the meeting. She will have a 10 minute presentation and
then be available for general questions about those programs.
SDC deferral program changes: Goldman will talk to the legal department about the penalty provisions of
that and provide a copy back of a common deed restriction that will be recorded on the property. Goldman
will also request developers and non profits to attend.
Small mentioned with the SDC discussion next month we will need to include 'regarding whether to include
utilities in that and PITI and to include that too.
Weisler asked if there were state incentives currently and local for solar panels or a program that might also
offset the cost to the home owner. Goldman stated there was an article in the sneak preview by Don Laws
talking about the city engaging in an aggressive way of helping fund solar panels.
ADJOURNMENT: The Meeting adjourned at 8:00 p.m.
Submitted by,
Carolyn Schwendener, Secretary
RESOLUTION NO. 93- .]1
A RESOLUTION ESTABUSHING AFFORDABLE HOUSING INCOME
LEVELS AND RENTAL AND PURCHASED COST LEVELS AND
REPEALING RESOLUTION 91-32
RECITALS:
A. The City of Ashland desires to provide affordable housing for its citizens;
and
B. The Land Use Ordinance has been amended to provide density bonuses for
providing affordable housing; and
C. The Land Use Ordinance requires the City Council to adopt a resolution to
establish afford ability standards to implement the affordable housing density bonuses.
The Mayor and City Council of the City of Ashland, Oregon resolve as follows:
1. RENTAL HOUSING. Units designated for affordable rental housing in
developments which have qualified for density bonuses under the City's Land Use
Ordinance (LUO) shall be rented to individuals or families whose annual income does
not exceed 80% of the median income for families in the Medford-Ashland
Metropolitan Statistical Area (MSA). This figure shall be known as the "qualifying family
income" and shall be determined by the City's Department of Community Development
in May of each year from the annual family incomes published by the U.S. Department
of Housing and Urban Development (HUD).
The rent charged for such affordable rental housing shall not exceed 23% of the
qualifying monthly income (qualifying family income divided by twelve) as provided in
the following formulas:
Studio Apartment
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
23% of the average of 1 & 2 person qualifying monthly incomes
23% of the average of 2 & 3 person qualifying monthly incomes
23% of the average of 3,4, & 5 person qualifying monthly incomes
23% of the average of 4,5,6, & 7 person qualifying monthly Incomes
23% of the average of 5,6,7, & 8 person qualifying monthly incomes
The City's Department of Community Development shall maintain a table of
maximum rent levels permitted under these formulas and shall annually update the
table in May of each year.
The owner of the affordable rental housing shall sign a 2Q-year agreement with
the City of Ashland that guarantees these rent levels will not be exceeded and that the
owner will rent only to families meeting the income limits. The agreement shall bind
subsequent owners who purchase the rental housing during the 20-year period. The
PAGE 1-RESOLUTION (p:planning\aff0rd2.Rcs)
III
I I
agreement shall also require the owner to rent to HUD Section 8 qualified applicants
and agree to accept rent vouchers for all of the affordable units where applicable.
2. PURCHASED HOUSING. Units designated for affordable housing available for
purchase in developments which have qualified for density bonuses under LUO, shall
2.1. Only be sold to individuals or families whose:
2.1.1. Annual income does not exceed 130% of the median income for
families in the MSA.
2.1.2. Net assets, excluding pension plans and IRA's and excluding the
down payment (to a maximum of 20 percent of the purchase price) and closing
costs, do not exceed $20,000 for a family or $130,000 if one family member is
65 years or older.
2.2. Have a purchase price not exceeding the following amounts:
Type of Unit
Purchase Price
(revised annually)
Studio
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
$75,985
$86,718
$97,665
$108,396
$117,028
The purchase price shall be annually revised in May of each year by the
City's Department of Community Development. The annual revision shall be
calculated by multiplying the current purchase price by the annual percentage
change in median family income as published by HUD for the MSA.
2.3. Be assured to remain affordable as follows:
2.3.1. FARMER'S HOME ADMINISTRATION (FmHA) - For housing
financed by the FmHA, afford ability will be assured by the recapture provisions
required by FmHA which requires sellers' to repay FmHA for all the subsidies
accrued during the period that they resided in the housing.
In addition, FmHA financed housing shall be subject to a covenant that
for the first five years after the initial purchase, resale can only be to individuals
from the same income category as the original purchasers.
2.3.2. ALL OTHER DEVELOPMENTS - For all other developments
obtaining density bonuses for the provision of affordable housing, affordability
will be assured by requiring that the purchasers of the affordable housing units
PAGE 2-RESOLUTION (p:plllllDioglaff0rd2.Res)
III
agree to the City of Ashland Affordable Housing Resale Restriction
Agreement prior to the issuance of building permits for the units.
3. REPEAL OF RESOLUTION 91-32. Resolution 91-32 is repealed.
The foregoing resolution was READ and DUL;~PTED a))l1e~ular
meeting of the Ashland City Council on the - day of ~ ,1993.
sse II E. Chadick, Jr.
cting City Recorder
SIGNED and APPROVED this Je7~ay of ({J~
,1993.
~.- ~
pe..~
Catherine M. Golaen
Mayor
Approved as to form:
?aJ0~
Paul Nolte
City Attorney
PAGE 3-RESOLUTION (p:p1anninglafford2.Res)
,,.
City Of Ashland
Affordable Housing
Income and Rental Cost Levels
October 19, 1993
Qualifying Incomes for RENTAL HOUSING (as of May 5, 1993)
Family Size
Annual
Income level (80% of median income)
1
2
3
4
5
6
7
8
$19,700
$22,550
$25,350
$28,150
$30,400
$32,650
$34,900
$37,150
RENTS for affordable units shall not exceed the following:
Apartment Type
Maximum
Rent level
Studio
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
$405/month
$459/month
$536/month
$604/month
$647/month
,..
RESOLUTION NO. 2005- L.{ to
A RESOLUTION AMENDING RESOLUTION 1993-39 TO INCLUDE
HOMEOWNER ASSOCIATION OR MAINTENANCE FEES IN ANY
AFFORDABILlTY CALCULATIONS
Recitals:
A. In 1993, the City of Ashland passed resolution no. 1993-39, establishing
affordable housing income levels and rental and purchased cost levels.
B. Resolution 1993-39 did not contain provisions to include any homeowner
association or maintenance fees in the affordability calculations.
C. The City desires that any said fees or assessments be included in the
affordability calculations
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Resolution No. 1993-39 shall be amended to read as follows:
1. RENTAL HOUSING. Units designated for affordable rental housing in developments
which have qualified for density bonuses under the City's Land Use Ordinance (LUO)
shall be rented to individuals or families whose annual income does not exceed 80% of
the median income for families in the Medford-Ashland Metropolitan Statistical Area
(MSA). This figure shall be known as the "qualifying family income" and shall be
determined by the City's Department of Community Development in May of each year
from the annual family incomes published by the U.S. Department of Housing and
Urban Development (HUD).
The rent charged for such affordable rental housing, including any home-owners
association or maintenance fees, shall not exceed 23% of the qualifying monthly
income (qualifying family income divided by twelve) as provided in the following
formulas:
Studio Apartment
1 Bedroom
2 Bedroom,
3 Bedroom
incomes
4 Bedroom
incomes
23% of the average of 1 & 2 person qualifying monthly incomes
23% of the average of 2 & 3 person qualifying monthly incomes
23% of the average of 3,4, & 5 person qualifying monthly incomes
23% of the average of 4,5,6, & 7 person qualifying monthly
23% of the average of 5,6,7, & 8 person qualifying monthly
The City's Department of Community Development shall maintain a table of
maximum rent levels permitted under these formulas and shall annually update the
table in May of each year.
1- Resolution amending Reso 1993-39 affordability calc - final-final G:\IegaI\Mike\Resolutions\Resolution
amending Resa 1993-39 affordability calc - final.doc
The owner of the affordable rental housing shall sign a 20-year agreement with the
City of Ashland that guarantees these rent levels will not be exceeded and that the
owner will rent only to families meeting the income limits. The agreement shall bind
subsequent owners who purchase the rental housing during the 20-year period. The
agreement shall also require the owner to rent to HUD Section 8 qualified applicants
and agree to accept rent vouchers for all of the affordable units where applicable.
2. PURCHASED HOUSING. Units designated for affordable housing available for
purchase in developments which have qualified for density bonuses under LUO, shall
2.1. Only be sold to individuals or families whose:
2.1.1. Annual income does not exceed 130% of the median income for families in the
MSA.
2.1.2. Net assets, excluding pension plans and IRA's and excluding the down payment
and closing costs, do not exceed $20.000 for a family or $130,000 if one family member
is 65 years or older.
2.2. Have a purchase price not exceeding the following amounts:
Type of Unit
Purchase Price
(revised annually)
The purchase price shall be annually revised in May of each year by the City's
Department of Community Development. The annual revision shall be calculated by
multiplying the current purchase price by the annual percentage change in median
family income as published by HUD for the MSA.
2.2.1 The purchaser of a unit designated for affordable housing shall not be assessed
any home-owners association or maintenance fees in addition to the maximum
purchase price.
2.3. Be assured to remain affordable as follows:
2.3.1. FARMER'S HOME ADMINISTRATION (FmHA) - For housing financed by
the FmHA, affordability will be assured by the recapture provisions required by FmHA
which requires sellers' to repay FmHA for all the subsidies accrued during the period
that they resided in the housing.
2- Resolution amending Reso 1993-39 affordability calc - final - final
G:\Iegal\Mike\Resolutions\Resolution amending Reso 1993-39 affordability calc - final.doc
In addition, FmHA financed housing shall be subject to a covenant that for the first
five years after the initial purchase, resale can only be to individuals from the same
income category as the original purchasers.
2.3.2. ALL OTHER DEVELOPMENTS. For all other developments in which the
planning action approval includes the provision of affordable housing, afford ability will
be assured by requiring that the purchasers of the affordable housing units agree to the
City of Ashland Affordable Housing Resale Restriction Agreement prior to the issuance
of building permits for the units.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
~2. .090 duly PASSED and ADOPTED this b- day of b.~ ' 2005.
~
SIGNED and APPROVED this L day of ~, 2005.
Reviewed as to form:
'~L"'-'- I.-~
Micheal M. Reeder, Assistant City Attorney
\ .............-......
3- Resolution amending Reso 1993-39 affordability calc - final - final
G:\legal\Mike\Resolutions\Resolution amending Reso 1993-39 afford ability calc - final.doc
DOCUMENTS SUBMITTED AT THE
JUNE 6, 2006
COUNCIL MEETING
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Art Bullock, 791 Glendower (Jun 6, 2006 Council meeting)
Issue 1. Circuit Court just held that City Council violated the law in Nevada LID. I spoke to you in
Jan&Feb that you had violated Res. 1999-09, and asked you to redo the LID legally. City attorney
represented that you could circumvent the law by re-Iabeling the project. Some of you bought that. Circuit
Court didn't. The Judge held that you illegally benefited LID property owners. Most of the benefit went to
Billings subdivision, thousands of dollars. Public Works Director Paula Brown also benefited from the
illegal percentages, which she developed and proposed.
You misused taxpayer money to subsidize a development. That's not an allegation. That's a fact,
proven in Circuit Court. To remedy this illegal ripoff, you need to void Nevada LID under AMC 13.20.150,
pause construction safely and temporarily, and redo the LID legally. To do otherwise is to sacrifice your
moral authority to govern this city.
To win the court case, we needed to prove that City violated the law and made a legal error. Circuit Court
held that the corporation known as City of Ashland made 3 legal errors, and the order indicated that the
court will rule on 17 more allegations. The court referred other allegations to GSPC, the 'state ethics
board', and the disciplinary arm of City's human resources department.
We've won the court case. And there's more.
Issue 2. The record. It took 4 court orders to define the record, which is complicated, with multiple
supplements. Quasi-judicial law require you to make findings on the whole record, and exclude anything
NOT in the record. You can't start on findings until all of you review the whole record, AS THE COURT
DEFINED IT. None of you may have seen the whole record, even if you attended all 5 council meetings.
The whole record is not in the packet or on the web. You can't rely on minutes, because of court-ordered
remedies for alleged inaccuracies in Christensen's minutes. Minutes are NOT the core record.
Issue 3. We have a special situation for Russ and David, who didn't attend the 5 council meetings. If
you 2 haven't viewed the court-ordered videotapes and audiotapes for these meetings, you need to request
a postponement until you do so. If any of you haven't read the entire 150+ pages of text, you need to
request a postponement until you do so.
Issue 4. Affected vs. benefited. Your staff packet is inaccurate and incomplete. To respond to the court
order, you must answer 2 questions:
1. Were side streets affected by Nevada LID? Yes or No. This issue is Christensen's failure to send
public notice.
2. Were side streets benefited by Nevada LID? Yes or No. This issue is the improper LID boundary.
Staff confuses the question to be whether side streets were 'as affected', or 'as benefited' and that's not the
court order.
Issue 5. Brown's conflicts. You admitted to the court that all 6 councilors and mayor knew of 8--not 1, 8--
conflicts of interest for Paula Brown. The staff packet has you deciding she had none, and that you can't do
based on the record. City attorney found that she had an actual conflict of interest. The record shows NO
disclosures as required by law. To make a finding on Brown's conflicts of interest, you must know ORS
244, conflict criteria, and related cases.
Issue 6. Ex parte. Findings are quasi-judicial, so ALL ex parte contact must be disclosed, including
Brown's. Courts held that ALL--not some, not most--ALL ex parte contact must be disclosed before
deliberations begin, with an opportunity to rebut and remedy. This includes ALL emails, telephone contact,
fax, letters, and face-to-face communication with anyone in the LID or on side streets.
Thank you.
1
- - ------- --...,----------
SUGGESTION FOR ACTION ON RVTD SUBSIDY
Don Laws
June 6, 2006
The Budget Committee has recommended $290,000 to continue subsidizing
"extra services" from RVTD. Since then, negotiations with RVTD have made it apparent
that they cannot continue existing services at anywhere near that price. Our staff has
suggested that Route 5 be dropped from our subsidy, that RVTD be allowed to charge $2
per ride for Route 10 and $4 per ride for Valley Lift (the door-to-door transportation for
disabled), and that the City buy $50,000 worth of free ride tickets for Route 10 and
$50,000 worth for Valley Lift and return $190,000 to street improvements. The tickets
would be distributed by the City to very low income riders.
These figures are based on very rough guesses about how many ''very low income
riders" we have and how they are distributed between Valley Lift and Route 10 riders. I
respectfully suggest that you not prescribe any distribution in the budget, but leave it up
to staff to recommend a formula in a few weeks.
Secondly, the need may be considerably more than $100,000 for subsidized rides.
Although, the average number of rides per Ashland Valley Lift client last year was 79,
there are many who needed many more. RVTD's staff is proposing that you limit
Valley Lift subsidized tickets to 20 per eligible (physically and financially) rider per
month. This is 10 round trips. Many eligible riders now need more than that for doctors
visits, pharmacy visits, etc. Some have physical therapy several times per week. Some
go to the Senior Center every week day for lunch (sometimes their only hot nutritious
meals) and other activities (often their only social and physical activities). They could
lose significantly from having only 10 round trips a month. Many do not have alternative
transportation because of moved and lost relatives and friends.
There is even less information about Route 10 riders.
The point is that some time may be required to determine how much money is
needed to subsidize the truly needy persons and how best to distribute it between types of
transportation and types of people.
May I suggest that you leave the full $290,000 where it is for now and allow staff
time to bring more informed alternatives to you. You can then decide what portion of it
should be transferred to street improvements. I think it is all in the Transportation Fund,
and that Lee will tell you that the paper shuffiing will be fairly simple.
r
-,----
CITY OF
ASHLAND
Memo
DATE:
June 6, 2006
TO:
Mayor and Council
FROM:
Lee Tuneberg, Budget Officer
RE:
Budget Process Summary of Changes
After five months we are at the budget adoption point and I have tried to provide you with tools
in the way of information to assist in this process. Attached you will find a spreadsheet that
covers each fund and the changes we have recorded from Proposed to Approved or are
recommended as part of the Adoption step.
Since several of you voted no at the Approved level I would expect there are some things you
would like to discuss and/or reconsider. Below is a listing of the specific changes that were
discussed and approved or are important to get the resolution correct.
1. Heath care reductions. There was little discussion about reductions in the budget for lower
health care premiums but they are reflected in their own column and raise the ending fund
balance.
2. All other revisions or recommendations:
a - General Fund, Fire: Cut redundant dispatch (-43,000), increase CERT (20,000)
b - General Fund, Administration: Add Community Visioning (100,000), Public Arts Master
Plan (10,000) and Ad hoc Economic Development Committee (2,000) paid by property tax
c - General Fund, Com Dev: Add Planner for % year (34,000 from property tax), add Rental
Needs Study (25,000), add Regional Land Use Plan increase (3,300)
d - CDBG Fund: Fix publication error by moving health care savings to Materials & Services
e - Street Fund: Potential savings with Change in RVTD costs and service levels
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
WWN.ashland.or.us
r~'
._,.~- ~_._~~
CITY OF
ASHLAND
Memo
f - CIP Fund: Cut Capital Projects in favor of operating transfer to Debt Service Fund for AFN
debt service
9 - Debt Service Fund: Move estimated debt service from Telecommunications Fund with
resources
h - Debt Service Fund: Recommended adjustment to match actual debt service
i-Electric Fund: Cut position and Capital Outlay to absorb equipment shed project from CIP
Fund
j - Telecommunications Fund: CATV changes including moving debt payment to Debt Service
Fund and lower payment to Central Service Fund
k - Telecommunications Fund: Fix rounding error
1- Central Service Fund: Reductions corresponding to lower internal payments from AFN &
less required Contingency
m - Central Service Fund: Recommended revisions to originally approved reductions to better
meet operations needs- no change in fund total
n - Equipment Fund: Cut Utility Billing Software
3. Additionally there are several other issues to consider before adopting the budget. Some of
these are:
. Changes in the RVTD contract and service level provided, impacting the Street Fund.
One potential is identified in "e" above.
. Alternate revenue streams for meeting debt service requirements now located in the
Debt Service Fund.
. Corrections to make the math work on the final resolution identified in "k" above.
4. Finally, I am recommending revisions to the originally approved reductions in the Central
Service Fund to better meet operational needs with no change in the fund total.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-552-2059
Ashland. Oregon 97520 m: 800-735-2900
www.ashland.or.us
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City of Ashland
Comparison of Proposed Cuts in Central Services
Cuts Per Cuts On a Preliminary Recommended Difference
Proposed Cental Svc Percentage Identified Actual Actual to
Budget Rate Model Basis Cuts Cuts Approved
Administration - Mayor/Council & Admin $ 660,549 $ (45,324) $ (29,080) $ (33,000) $ (16,757) $ 16,243
Administration - Legal 373,066 (13,569) (16,424) (9,069) (7,300) $ 1,769
Administrative Services Department 2,092,085 (144,360) (92,103) (178,118) (158,893) $ 19,225
IT - Computer Service 1,018,237 (48,549) (44,827) (34,606) (30,884) $ 3.722
City Recorder 280,098 (8,672) (12,331) (6,197) (8,672) $ (2,475)
Public Works - Admin. and Engineering 1,538,706 (2,032) (67,741) (1,516) (40,000) $ (38,484)
$ 5,962,741 $ (262,506) $ (262,506) $ (262,506) $ (262,506) $
--l~--..._-"'_.'-' --
From Marilyn Briggs
To: Mayor and City Council
June 6, 2006
I don't believe that our Mayor and City Councilors acknowledge the depth and breadth of
citizen anger and frustration regarding your collective inability to formulate FAIR and
speedy solutions to governing problems. Today's example concerns your resolution to
pay down the AFN debt, PLUS "riders", by increasing property taxes. The resolution
totally ignores the recent citizen outcry of your attempt to add a tax onto the utility bill.
Merely shifting the tax show an outrageous disregard for your own responsibilities!!
And, the 3 "riders" on this tax are outrageous "pork".
You must show the public examples of your own fiscally responsible choices, (noted is
denying funds for the Downtown Plan at this time). You must give up spending on the
backs of the people. You must sell the City owned surplus land across the freeway as a
positive show of responsibility. And you must delete the 3 tax "riders", a $100,000
community vision process, a $10,000 public arts master plan, and new personnel in the
Planning Department, (which absolutely is an item that belongs in thl= general operating
fund. The vision process and public arts plan are bells and whistles which we cannot
- afford now, but they COULD BE done, for free, by the citizens.
Furthermore, this proposed tax has no sunset provision; it is open-ended. It is also
contrary to all efforts of "affordable housing" policies because every landlord in town will
pass on the cost in rent increases!
Respectfully submitted,
)11~r P~fr
~[!@~DW~~
W JUN-O 6 2006 W
By
T---- - -- -- -----~--
MELANIE MINDLIN
1338 Seena Lane, Ashland, OR, 482-7909
August 31, 2005
Dear Housing Commissioners,
I believe that the Housing Commission is going about the rethinking of the SDC deferral
program from the wrong direction. Here is the one program which the City of Ashland
has agreed to fund in order to give incentives for the creation of new units of affordable
housing. The proposal seems to address the question of, "How can we use this program
in order to g~t people who are already planning to do some affordable housing make their
project conform more closely to the City's ideal situation." (i.e., long-term affordable
housing stock, keeping the % of income paid for housing down). I would suggest that a
more appropriate question would be, "How can we use this program to encourage more
affordable housing units to be created?"
As I told you at the Housing Commission meeting, I am totally in support of the change
from a fixed price to a percentage of household income as the definition of a qualified
project. However, this proposal also suggests restrictions (penalties) in the form oflong-
term affordability or short-term financial penalties for withdrawal. I believe that these
proposed restrictions will be completely counterproductive.
Nonprofit developers are doing virtually all affordable housing construction in Ashland.
How will it encourage them to do more in our City if we make it even more difficult for
them? Remember, they have a choice about whether to work in our community or
elsewhere. When you talk about penalties for withdrawing from the program, think for a
moment about the possible scenarios for that to occur. The nonprofits and the
government programs that finance them have their own rules and goals for equity return
both to the low-income owner and to the organizations themselves. Placing further limits
on this puts the City in conflict with the nonprofit organizations from the start.
If there is a penalty at the time of sale by the homeowner which may cause them to lose
money, be unable to pay other obligations or even not realize a reasonable equity growth,
you cannot get funding from any federal loan programs. Other lenders will almost
certainly look askance at this as well, and a homeowner who achieves such a purchase
would face a big financial risk themselves. In addition, you are adding a huge risk factor
to the developer who may encounter difficulties of many kinds, ranging from losing
expected grant monies or sources of financing to loss of particular clients on whom they
have based their calculations. Any of these factors could cause them to fail to meet the
exact terms of your requirements and have to pay yout penalty themselves--another
disincentive to building affordable housing in our community.
T
As Brandon has made very clear to me, private developers will only be building
affordable housing if required to do so by the terms of land-use actions, as our current
density bonuses are insufficient to create a financial return. These land-use actions
already carry a 60 year term of affordability. Therefore, there is no reason to enact such
penalties in order to accomplish these goals with them. No private developers have
requested SDC deferrals for voluntary projects in recent times. The only other people
likely to come to the City with a proposal to create affordable homes are individuals who
meet the guidelines for the program and have managed to come up with a way to create
an affordable home for themselves.
I had the experience of assisting Glenda Rackleff to do just that a few years ago. Glenda
is a nurse and single parent who had lived in our community for over 20 years, made
about 80% of median income, and had managed to save a few thousand dollars with the
dream of owning her own home. She went in with friends to purchase a splittable lot, got
a private short-term loan for her part of the land, and had friends donate planning action
assistance, house plans, finish carpentry and come to work parties for demolition, tiling
and painting. She scrounged for used appliances and fixtures. She used the SDC
deferral program and the small subsidy available for assistance with closing costs, and
managed to squeak into her home for about $95,000--with the maximum mortgage on
which she could get approval. I'm proud of having helped her, and I think it was a
worthwhile expenditure of City funds.
Brandon told me that Glenda paid offher SDC subsidy when refinancing her home after
just a few years. He seemed to think that illustrated a problem with the program. Was
that because it showed that the unit was no longer affordable or that she didn't really need
the money in the first place or that it was a financial loss for the City? I would disagree
with all three suppositions. The City got it's money back with interest, so they didn't lose
financially. This home is still affordable whether you look at the price including the SDC
costs, or whether you look at the percentage of her income represented. Refinancing
either lowered her mortgage costs or allowed her to borrow funds which she needed for a
different purpose, and cannot be considered housing costs, but rather an example of how
owning a home provides individuals with financial security, as she may have needed
those funds for medical expenses or her children's education. I know personally that
Glenda could not have built her home without this small subsidy, as I helped her calculate
her financial plan down to the last dollar.
Now Brandon tells me that no one could do what Glenda did in today's housing market,
but I disagree. With varying interest rates depending on your income level, Rural
Development will fund homes for all qualified income levels up to $175,000. Even
without such assistance, if a person was able to do all the things that Glenda did, and
have savings sufficient for 20% of their down payment plus $20,000 or more, as allowed
by the SDC deferral program, I believe it is still possible to pull off an affordable home,
and I believe that the City should assist such private parties. The private sector is very
creative, and the government should not assume that they know what can and cannot be
accomplished.
r----
~~-
As you probably know, I am assisting FSCC in creating housing affordable to median
income households. This is another way in which middle-income individuals have put
together a plan which hopefully will allow them to obtain homes in Ashland. An SDC
deferral program which was based on a percentage of income as proposed could make the
difference between whether or not some of the FSCC households who have limited
down-payment funds are able to stay in the project or not. However, they would not be
able to incur the additional risk of the penalties proposed. Here you have a situation
where although the housing would be built regardless, it could go either for an income-
qualified person with an SDC deferral, or for someone with more money. I believe
providing this kind of assistance would be a positive use of City funds.
My own experience of getting involved in affordable housing has been very humbling.
When I started investigating the matter, I expected that there would be a method which
you could just plug into if you wanted to do it. The opposite has turned out to be the
case. Debbie Price, the former head of State Housing for Southern Oregon told me,
"Every affordable housing project is completely unique. It needs to come up with it's
own particular congruence of financing, government regulations and clients, which is
always very complicated. That's why it's so difficult to do." The City of Ashland seems
to take the position that if we just say we want our affordable housing to be long-term
and cheap, that will make it so. I find that extremely arrogant. Have you investigated,
for example, what the effect of these limitations on the SDC program will be on the
ability to get loans? This was never done when the 60-year equity rule was written into
the rezoning and annexation ordinance, and I was only able to find one way to finance it--
through Habitat for Humanity, who finance their own homes. Do you really have any
information to lead you to believe that these changes will make the SDC program more
of an incentive to the building of affordable housing?
I was really shocked by the kind of discussion which was held at the Housing
Commission when this proposal was presented. The opinion of Access, the .largest
nonprofit housing developer, was glossed over. The financial difficulties oflow-income
households in meeting their expenses was lamented. A call for penalizing anyone who
dared to use this program and then withdraw was voiced. No hard questions were asked.
It seems to have become the un-debated position of the Housing Commission and their
staff person that they will only promote affordable housing which is long-term (preferably
permanent). While this is obviously preferable for the City, I ask you, why should
nothing be done for affordable housing which serves people who need it now, even if it
can't be long-term?
FINANCING long term affordable housing is highly problematic. The federal HUD
programs which sold their units after 20 years can be viewed as a "mistake" by critics
who would see it as a loss of affordable housing stock, but it was the ability to sell after
20 years which financed this program in the first place. When the government issues
bonds to pay for affordable housing, they are borrowing money which must be paid back.
They can accomplish this by selling the housing after a period of time. Hopefully,
additional funds are generated which can be used again for more affordable housing,
T
although the government generally reserves the right to decide where its funds will be
spent. This is also the rationale behind the funds in the Rural Development program.
They expect repayment so they can use their funds again. (It makes them angry when
someone like the City of Ashland tries to force them to use their funds in a way that
removes them from the reusable pool.)
A similar rationale lies behind local programs used in other cities that share equity
growth with owners of affordable housing. The amount of local subsidy can grow with
the value of the home and be paid back at sale in an amount which represents the same
percentage of real estate value. The equity limitations proposed by FSCC follow this
model, but share the equity growth with future owners rather than with the City.
Nobody is trying to say that these are the best way to make the affordable units
permanent. They are, however, the way to get money to build affordable housing.
PENALIZING THE RECIPIENT of affordable housing is the other problem. For some
reason, it has become popular in some vocal circles of Ashland to think of getting an
affordable home in our fair town as such a great gift to the recipient that they should
forego all desire to participate in the primary method of obtaining financial security used
by everyone else in America--equity in your home. I constantly hear, "They should be so
grateful" and "They get the security of having their own home" (meaning the can't be
evicted), and "It's outrageous that someone thinks we should help them out and they can
profit from it too." To this way of thinking, I want to say two things.
1) Ashland needs low and middle income people to perform important jobs and it is
valuable to us that they should actually live in our town for the following reasons which
you will also find in the Comprehensive Plan and the Housing Needs Analysis:
Transportation. Having all our workers drive to town is bad for the environment and
creates a huge parking need for which we have no land in the area where it is required.
Security in case of emergencies. Medical, police and fire personnel may not be able to
get all the way to Ashland from their homes in Central Point, or wherever, in case of
emergency.
Stakeholders in community issues. We want teachers, government workers, medical
personnel, and police who are our friends and neighbors, who really understand and care
about the problems and challenges of our community.
How can we act like these people, who are so important to our community, should forego
their long-term financial security in order to live here with us?
2) Tlie City is not building or paying for affordable housing themselves--they expect it to
be done by private developers, the state and federal government, and private nonprofits.
All of these entities (except ACL T) have different goals than the City of Ashland. The
state and federal government and private nonprofits all have goals of assisting individuals
,-
to improve their financial situation. This is considered a valuable, ethical goal by the
larger society which is why state and federal funds are provided by voters and the reason
that private donations are made to nonprofits such as Habitat for Humanity.
Private developers have the goal of making money. They are not going to be applying
for this rebate because the City is not offering any incentives sufficient to make money
on affordable housing. Private developers will only do it if required under rezoning or
annexation rules. Simple density bonuses are no longer a sufficient economic motivator.
The only private parties that would be seeking SDC deferrals from the City are private
developers acting altruistically (imagine that) or private individuals who need an
affordable home themselves and have managed to figure out a scheme to build one. The
restrictions proposed for the SDC program would almost certainly prevent it from being
used by these private parties, due to the short-term financial risk or long term equity
limitation. I believe most banks would not even consider loaning with such restrictions.
Why should these people not be provided a small subsidy which will be paid back with
interest as an incentive to their voluntary efforts, which I believe was the original intent
of the program?
Equity growth is extremely important to everyone involved in the financing and
ownership of affordable housing. While there is a niche for the creation of permanently
affordable housing (as filled by ACLT), it cannot be a significant supplier of housing
unless it is deeply funded, as was done in Burlington, VT, the supposed model for the
ACL T program. In Burlington, the City has supplied large amounts of money over a
long period of time in order to accomplish their model program. The City of Ashland has
shown no interest in this kind of financial commitment.
Banks and government loan sources all need equity growth in order to function. The
homeowner needs equity growth in order to protect their long-term financial security.
Access to the equity in the home is needed just to ensure a source of funds for repairs and
maintenance in the future. The proposed restrictions to this program will cause the
program to be unusable as an incentive to the creation of affordable housing, because no
one who is not already required to meet such restrictions would choose to, or be able to,
do so.
It is easy to sit on a commission and voice opinions backed by good intentions. It is
much harder, in the area of affordable housing, to figure out how to do something of
value. Many previous housing commissioners have left the commission in frustration at
their ineffectiveness. I ask you now to think more deeply and seriously about how the
SDC deferral program can be used to more positive effect. If you feel dubious about the
information I have mentioned here, I urge you to call Rural Development and some banks
who handle Fannie Mae and Freddie Mac loans and ask them what effect these
restrictions would have on their ability to loan.
I see no evidence to suggest that having a program without these restrictions and
penalties would result in large numbers of applicants placing a financial burden on the
T----.---.-----~
I I
..
City. And I see no evidence to suggest that the restrictions will significantly change the
longevity or cost to the recipient ofthe housing being built. To my mind, the only result
of placing the proposed restrictions on the program would be to make the job of the
nonprofits more difficult and to squeeze out the few private parties who might benefit
from the program.
Therefore, I am asking that you recommend the change in the SDC deferral
program from a set price to 30% of homeowner income, but not to recommend the
additional restrictions and penalties that have been proposed.
Thank you for taking the time to read this lengthy commentary.
Sincerely,
Melanie Mindlin
"-,-
Jul 18 05 02:44p
ACCESS INC
54' ??4 4304
p.2
3630 Aviation Way
P.O. Box 4666
Medford, OR 97501
iDe
Investing In Our Community
~"",,,,:':':":"~"'!~"".oI.:-~'':~_-~~:,''':'O. ......_-:~~.._.:..~ >
July 14, 2005
Brandon Goldman
City of Ashland
20 East Main St.
Ashland, Or 97520
Re: Ashland Affordable Housing Program, SDC Deferral Progr::am.
Dear Brandon,
I am writing to you on behalf of the AC;:CESS Housing Department, and in response to
your memo outlining the proposed 'changes to the SDC Deferral Program that the
Housing Commission will consider on July 18, 2005. It appears that there are several
issues that the City would like to address with this one program and three specific areas
that I would like to comment on.
1. Maximum purchase prices do not correlllte with various income ranges. If the
proposed changes are used only to set a maximum purchase price for the developers,
then this method of calculation seems to have merit. However, ifused to qualify the
purchaser, then there could be problems because the current market is demanding
higher prices for homes. How would restricting the maximum sales price to no more
than 30% of what a family can pay for principle, interest, taxes and insurance (pITI)
annually, allow someone to buy a home? All of the different mortgage lenders, FHA,
Fannie Mae, Freddie Mac and Rural Development have different ratios that they use
when a borrower comes to apply. Those range from 28% to 38% for pm depending
on the individual circumstances. They all generally allow an additionall 0%
assigned to other consumer debt. This use could potentially have the effect of
discriminating against a low-income buyer who has worked hard to mmntain their
credit. maintain low overhead andlor debt, and who could be eligJ."ble for some of the
lowest interest rates possible in the market today- thereby allowing them greater
purchasing power. Example: Family of 4 with. 2 adults and 2 children. The 2 adults
each work full-time, earning $10.00 p/hr. Together they earn 541,600.00 annually.
The maximum income limit at 80% AMI is currently $41.700.00. With good credit
and low debt to income ratios, this family has purchasing power of approximately
$166,400.00. However, the 80% AMI example provided in the proposed change
packet suggests a maximum purchase price of$102,7S0.oo. .
Office: (541) 779-6691 · fAX: (541) 779-8886 · CCB #111194 · TAX 10# 93-0665396
www.access-inc.org
,~~~~- ------~
Jul 18 05 02:44p
ACCESS II'tC
541 ??4 4304
p.3
2. SDC prog,."". participants are opting out of the program by paying off the lien Ilnd
the home Is thereby lost to the affordable marlcet.. .ifthe proposed change is legally
acceptable it may be a disincentive to the participant. However, our recent market
changes would hardly deter anyone from opting out of the program even given the
proposed penalties. Would you have a specific process in place for hardship cases?
Have any other ideas been explored? (I.e. shared appreciation or equity share
programs. partial property tax exemption etc.).
3. Rental program~ should be consist~nt with the HOME Progl"lUll.. . this makes
complete sense for the 50% and 60% income limits. However, the HOME program
does not address the 80% income limit. This should be incorporated into the City's
new program and believe that the proposed application has merit.
We appreciate the City's willingness to review and revise program criteria in an effort to
address the local affordable housing crisis.
Thank you for your time and consideration.
~
Housing Manager
ACCESS, Inc.
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