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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. 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U W 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 . 2 r~' ~,f~ I ) \ /' l \ l ) 1\'/ 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. ~ :> AVALO~ WILSON ] ] a: () a: ~ .--.--..--- Ashland Service Area ....J ....J ~ RVTD Routes _10 -5 3/4 Mile Valley Lift Service Area D RVTD District Boundary .. Ashland City Limits W+E S Scale 0.5 0.25 0 - - 0.5 Miles Q May 2006 rn L_n- NEVADA '1) or: '1) M BRIDE ~~ ~\ J~ L o. ';Sl ~~ L .-. ".~-_..._._--._-. l ~r i:ii tt: ~~ 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 _eo D 314 Mile Valley Uft SelVice Area D RVTD District Boundary J _,J Q April 2006 ----- --' f' ~ / !Y /~) r / /< r I--'~ 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 . :: ... u .. . ...... .."" )o~ .. 0 ... j o I- el c '2 'j! 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E ~ '1 ~ E e '.2 iO :8 i 8 < ,5 ,2 t) ! ,~ 2 2 i ~ :.!I ,ll' ~ '. ic 0 0 :~ 0 i~ ~ I " E .~ !~ :E ~ ~ ,~ ,~ ~ if. e ~ 1i ~ ~ :s .e > iC li b !! ~ ~ '0 l! .e ill 'Z (J) (J) "" '" :CD :0 (J) t) D- o> W t) u.. iQ., (J) :~ ~ l! :"i 8 :8 ~ II: ;.!I D- o> " ':' ,:I ----r----- ..--.-to.... 91- I.., i : II. o ... ... .r. ... r4 -. ... o '" ..... ... ... r4 ... ... Ill: o "Ii i t! o II. t: II of o U ~ III r4 ... ... .. ... u II ... :E ~ 4( .s: II 1&1 >- .!! E III ..ll u II II. -,,---,-- 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 ,~, 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." ... ~ , ",. ~oneQ ~ \R' <6lolp . 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) r.t. , .../ Y . N ~ ~ ^ ~ ~ ^ '" ... N " .. ... ^ ".. ...~ ~,.. NY N^ ,~ ,,,., ^ ^' N^ ^" ^^ ...... ~... ..... ...... _. ^ , ,.. . . . ,.. y ,.. , Y N ^ ,.. A' '" '..A~hJ.~~Ci~ .Li:niitS.:...... ":. :':. :':. :.:,:'.~-'.., : CITY OF ASHLAND VICINITY MAP 2006 I ;/; .., .. .- '. " KEY Raw Waterline Replacement Project N A Water Features _ Streets ifJ Municipal Building Parcel Boundary City Owned Land City Limits CITY OF ASHLAND PUBLIC WORKS DEPT. ENGINEERING DIY. , , CJ One inch = 875 feet o 875 FT 1,750 i\ . 'I,Water . . ! . ., "." .<~ . Treatment .'. " Plant " ~, / / -(' .... 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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 -----.-----.-- --- - .. ;;e. ;;e. .~ 0 0 "" <0 :2 ii5 c 0 tit 't: 0 ::l c ;;e. 0 0 ~ 0 ~ 0 OS ... ~ ~ ~ ~ ;;e. Gi 0 0 0 0 0 S? 0 ~ <") C\l "" OS :I: C\l <") "" ~ ~ ~ ;;e. 0 <0 C\l CII It) "" 'g .. OS :I: c ;;e. ~ OS 0 0 E ~ ('" Q. OS ~ (.) ~ C\l 0 ~ ;;e. ;;e. ~ 0 g It) It) e C\l C\l OS E c( ~ ~ ~ <") <") "" "" C\l "" "" "" "" "" "" "" ! 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Q; C CIl tii () .c: .c: :5 :5 Q) Q) c: c: 5 5 a. a. a. E a:: a:: a:: 0 CI) w w w t!l CI) E 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. I I 0 ~ 0 (t) N CO N It) T"" 0 CO T"" ..... V (t) ..... ..... 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II) <1l III ~ (/) 'tl ... ~ <C Q) ~ > 0 .~ fti 0 :I CO cr~U 0:::0 Z<CU) ~ 0 <0 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. 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I;;; ~ Q) SE~ 13~.e i;: .^ ..1::<<;15 "E8~C!- R_l::w ilS,~ co 0) I;;, 1:: ~.~ QlQ) "0 ..c:....~c:: ~ 8. .~U;: .- >. e (1J (51::0.:"0 cCllO~ ~ ~ -;; zQ) cCllQ) (I) ,~ ;::, 'U5 :2'2~~ > I;;: '-LL. Q).2~e;, ~0~~ c '5,S C5 m If: ~ -0 ~Q)Q)c .:c:l=;]I 'C'g-.s::. (I) 0 00 _....~(1J i ~ ~1 . III ~ ":-i l!!cri~8" ~~,g-e= ::::J ~ "O~ -0 ::::JE iQ) ~E .s::.C:: _0 1ii~ il!! 1U~ ~! ::::JC Ol~ .s::::J ... 0 0>- o;~ C :i2 =- t: 0 .- c: ..c:::I ;S is =0 g", ::::JQ) S~ C5 E 'C: 2 0.- (1J.~ _(1J (1JE ll!! Q)e :20 ~13 "Ot: o ::::J -S ... (1)('1) "E>- 0'2 ~o ::::J ~ S:5 .!!! 8. ~ .!!! .....c: Q)- "g<( ::I ~i ="0 ,Q .- 'CiS ~ C"O 8.Q) ~~ ...- ::::J.s::. 001 >-.- (5E cQl o > _ (1J ::.s::. 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 r~' r .- ----- .....,-- ..... o "CO s::~ .!~ .c:o enN <( '- ~ nJ o Q) ~> - U ~ en u. ...."i 00.. o 0 N.., c( .., '" .., II> <: <: == '" 0 ... 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U W 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. ~-T-.---.__._----------r -- I I