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HomeMy WebLinkAbout2006-1205 Council Mtg Packet CITY OF ASHLAND Important: Any citizen attending council meetings may .speak on pny item on the agenda, unless it is the subjectofapublichearing, which has been closed. The Public Forum is the time to speak on any.subjectnot on the printed agenda. If you wish to speak, please fill out thl'!$peakerRequestform located near the entr~J'lce to the Council>Chambers. The chair will recognize you and inform YQu as to the amount of tim~allottedto 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 December 5, 2006 Civic Center Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session to discuss City Administrator 6 month Evaluation pursuant to ORS 192.660 (2)(i) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes} 1. Executive Session meeting minutes of November 21, 2006 2. Regular Council meeting minutes of November 21, 2006 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes) 1. Minutes of Boards, Commissions, and Committees VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC 92.04.040}) 1. An appeal of Planning Action 2006-01294 - Request for a Conditional Use Permit to convert thirty existing apartments to thirty condominiums units for the property location at 719 Park Street [1 hour) 2. Continuation of an Appeal of Planning Action 2006-00078 - Request for an Outline Plan approval under the Performance Standards Option Chapter 18.88 for an 18-unit single- family residential subdivision for the property located at 247 Otis S1. An Exception to the Street Standards is requested to allow curbside sidewalk in sections of the Otis and Randy Street frontages to preserve trees, wetlands and the residence at 247 Otis St. [1 hour) COUNCIL MEETINGS /\R[ BROA[)C';\ST LIVE ON CIIANNFL <) VISIT THE CITY OF ASllLAND'S WEB SITE AT WWW.ASHLAND.OIUJS r- r IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Discussion of City Charter [30 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of an Ordinance Titled" An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion of 2006 Council Goals XW. 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). COt:NCIL!\-1EETINGS ARE BROADCAST LIVE ON CIJANNEJ. <) VISIT 1 liE CITY OF ASHLAND'S WEB SITE xr WWW.ASIILAND.OR.US ASHLAND CITY COUNCIL ,HLEf'/NG NOVE/vfBER 2!, 2()()6 PAGE! ors MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 21, 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, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced vacancies on the Tree, Bicycle & Pedestrian, and Housing Commissions. He noted there is also an opening for a SOU student liaison on the Forest Lands Commission. APPROVAL OF MINUTES The Executive Session minutes of November 7, 2006 and Regular Council minutes of November 7, 2006 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Tree of the Year - 2006 Award. Tree Commission Chair Bryan Holley introduced fellow commissioner Laurie Sager and staff liaison Amy Anderson. Mr. Holley provided an update of the Tree Commission's recent activities. He noted the removal of the "Tree of Heaven" and the selection process used to identify a Ginkgo Biloba to be planted as a replacement. He commented on the Committee's work to update Ashland Municipal Code Section 2.25 (Street Tree Commission) and stated the suggested amendments would be presented to the Council. The five "Tree ofthe Year" finalists were noted and the Pacific Madrone located at the Mt. View Cemetery was announced as the 2006 "Tree ofthe Year". 2. Presentation by ODOT regarding Exits 14 and 19. David Pyles and John McDonald with the Oregon Department of Transportation (ODOT) delivered a presentation on the Interchange Area Management Plan (lAMP) for the Green Springs and North Ashland Interchanges. Mr. McDonald explained an Interchange Area Management Plan is a 20 year plan for managing interchanges to achieve a balanced land use and transportation relationship. He stated lAMPs are needed because without effective management, the network may become overly congested and clogged, leading to interchange and local street traffic problems, and an lAMP provides the management tools necessary for the long-term sustainability of the network. Mr. Pyles presented diagrams of: 1) The Transportation-Land Use Development Cycle, 2) Basic Functional Classes, and 3) Balance Between Increments of Development and Improvements in Transportation Facilities. Mr. Pyles reviewed the lAMP content and displayed a process flowchart. Potential lAMP management tools, lAMP future effects, and Ashland's role were also reviewed. [ODOT's presentation was submitted into the public record.] It was clarified there will be a single technical advisory committee and a single citizens advisory committee covering both interchanges, and that the City and the County will work through this process together over the next several months. It was also clarified that representatives from the City and the County would be meeting ASHLAND CITY COUNCIL MEETING NOVE/vIBER 21, 20()6 PAGE 2 0(8 to determine the make-up of the citizens advisory committee, but if they are unable to come to a decision this committee could be split. Suggestion was made for the advisory committee to not be limited to property owners and business owners as many commuters will also be affected. 3. GFOA Award - 2006. The Certificate of Achievement for Excellence in Financial Reporting was awarded to the City of Ashland by the Government Finance Officers Association for its Comprehensive Annual Financial Report. Administrative Services Division Manager Cindy Hanks accepted the award on behalf of the City. Mayor Morrison announced the following changes to the Council Agenda: 1) Under New & Miscellaneous Business, the Ratification of the Police Union Contract has been added, and 2) Item #5 under Ordinances, Resolutions, and Contracts has been removed. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Termination of Easement at 1200 Prospect Street. 3 Revised Contract for Interim Chief of Police. 4. Appointment of Alexander C. Krach to the Historic Commission. Councilor Hartzell requested that Consent Agenda Item #2 be pulled for discussion. Councilor Hartzell/Jackson mls to approve Consent Agenda Items #1, #3 and #4. Voice Vote: all AYES. Motion passed. Councilor Hartzell noted staff's recommendation included that the quitclaim deed not be signed until such time as the existing utility line is relocated at the owners expense and the old line removed and received verification from Public Works Director Paula Brown that this provision would be included in Council's approval of the termination of easement. Councilor Hartzell/ Amarotico m/s to approve Consent Agenda Item #2. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM Mayor Morrison commented on the practice in which the Council allows public forum. He stated that the Council has a long-standing practice of accommodating public input at meetings and the Council has interest in what the public has to say, but voiced his disapproval with the small percentage of citizens who use this time to make personal attacks and false characterizations of others. He stated he would step in if citizens engage in disrespectful dialogue and encouraged citizens to contact him if they have any questions. Marilee Jenkins/Commented on the trail ofLt. Ehren Watada and noted she had submitted information on this subject. Ms. Jenkins commented on the changes she has seen in Ashland, stated she would be leaving Ashland, and read a short poem aloud. Ambuja Rosen/Stated the tethering ordinance is scheduled to come before Council on December 5, 2006 and commented on some of the questions that might come up during the hearing. Ms. Rosen noted that: 1) for almost two year, Topeka, Kansas has required that animals have a tip-proof water supply, 2) Big Springs, Texas has a requirement for a minimum living space for dogs, and 3) Tucson, Arizona has banned all tethering ASHLAND CITY COl !NClL i\4F:ETlNC, NOVEAfBER 21,2006 PAGE 30(8 of animals except horses. She noted that she has researched tethering ordinances of several municipalities and submitted her findings to the Council. UNFINISHED BUSINESS 1. Update on the Schedule to revise the Conservation Element of the City's Comprehensive Plan. Electric Director Dick Wanderscheid and Interim Community Development Director Bill Molnar presented the staff report. Mr. Wanderscheid noted that last spring, staff was directed to return to Council with a proposed schedule to revise the Conservation Element of the City's Comprehensive Plan. The proposed schedule outlines the following time line: · May to July 2008: Staffs revision of the Conservation Element, · July to September 2008: Review and revision by the Conservation Commission, · October 2008 to September 2009: Review and revision by the Planning Commission, and · March 2009: Review, revision and adoption by the Council. Mr. Wanderscheid explained this schedule is being proposed for the following reasons: 1) The conservation of electric energy could be treated differently after the new long-term power sales contract with Bonneville Power Administration takes effect, 2) The Planning Commission is committed to other high priority projects and they will not have adequate time to address this issue until those other projects are completed, 3) During the next legislative session, there are at least three bills which could impact the conservation element and the City's activities, 4) New Federal legislation could involve carbon tax credits, clean renewable bonds, and carbon offsets, and 5) The current element, which was adopted in 1991, is still very viable and provides a strong policy basis for the City's conservation activities. Councilor Hartzell expressed concern with waiting for BP A's decision before moving forward and questioned if they could begin other activities, such as setting appropriate targets. Mr. Wanderscheid noted there are water conservation targets in the Carollo Report and commented on the difficulty of separating the water and energy programs. He stated the City is on track to meeting the targets listed in the Carollo Report; however if the Council wishes to accelerate this it will require more budgetary and staffing facilities. Mr. Wanderscheid clarified there are a number of new programs staff is considering and stated the existing element provides them authority to do this. He advised that they focus on rolling out programs and revising the element right the first time. Comment was made that the Council could decide to officially adopt the targets listed in the Carollo Report. Mr. Molnar commented on the Carollo Report and stated it was very thorough and identifies a general goal and over 60 policies. He clarified there is ample policy within the City's Comprehensive Plan that would allow, from a land use perspective, staff to initiate any amendments related to resource conservation if they decided to do so in advance of the update to the Conservation Element. Mr. Wanderscheid clarified he anticipates being involved with this update through its adoption. Councilor Chapman/Amarotico m/s to agree with the proposed schedule. DISCUSSION: Councilor Hartzell indicated her preference that they move forward faster. Voice Vote: all A YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Establish Street Taskforce. Public Works Director Paula Brown commented on the need to find a long-term and stable funding source for streets. She noted Council had previously obligated themselves to form this task force and to move forwarding with finding better funding sources. Ms. Brown requested Council review the proposed task force goals and composition. ASflUND efTT COUNCIL AfEETlNG NOVE/'v!BER 2 I, 2006 PAGf~' 4 0(8 ,; It was questioned if the task force could look into funding sources for sidewalks as well as pavement. Ms. Brown clarified that this could be included in the goals. Councilor Jackson suggested they include an additional goal (Goal #7), which would address a funding source for sidewalks and parkrows. Suggestion was made for Goal #6 to coordinate with the budget process. Ms. Brown stated the 3-4 month timeline does coincide with the tail-end of this year's budget process. City Administrator Martha Bennett commented that 3-4 months was optimistic and they may not have conclusions that everyone agrees with in time for this year's budget process. Ms. Brown stated the way the streets are maintained now is good, and hopes they do not lower the standards. Councilor Silbiger questioned if Goal #3 should be removed. He stated if the Council does not want to reduce the standards this should not be included as an option. Ms. Brown clarified Goal #3 relates to the Council agreeing on a standard and directing staff to meet that standard. Councilor Hartzell stated that sidewalks and parkrows are addressed in the CIP and questioned if this should be included as one of their goals. She also questioned if they should identify a tolerable cap for the cost on an annual basis. She suggested they could ask the task force to bring back a funding strategy that would identify investing 'x' amount a year over 'y' years in order to meet the needs identified in the assessment. Ms. Bennett stated it is important for the Council to first set the standard and determine the costs. Councilor Jackson left the meeting at 9:00 p.m. Ms. Brown noted that the City has a great master plan and transportation system plan, what they lack is a consistent and reliable funding source to accomplish the work. Councilor Hardesty recommended two additional members be added to the task force composition: 1) a planning commissioner, and 2) a citizen at large member. Councilor Chapman/Silbiger mls that the Council give consent to Ms. Brown to move forward on the task force; in addition, add a Goal #7 that addresses sidewalks and parkrows. DISCUSSION: Councilor Hartzell shared her concern with including parkrows with the sidewalks. Councilor Hartzell/Chapman mls amend motion to eliminate Goal #6 and add the following members to the Task Force composition: One representative from the Planning Commission, one representative from the community at-large, and one representative from the handicap community. Voice Vote: all AYES. Motion passed. Voice Vote on Original Motion as Amended: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second Reading of an Ordinance Titled, "An Ordinance Adding a New Section to Tittle 14, Chapter 4, Restricting the Addition of Substances to the Drinking Water." Amy Cuddy/194 Logan Drive/Asked Council to postpone adoption of the ordinance and to research this ASJ/LAND CITY COUNCIL iHEFT/NG NOVE/v!BER 21. 200n PAGE 50(8 issue more fully before voting. Ms. Cuddy made the following four points: 1) We have a problem in our community, 2) There is a safe and effective solution to the problem, a solution which the ordinance before you pre-empts, 3) This is not a health issue it is, however it is a class issue, and 4) Experts on this subject are available and should be consulted before a significant policy decision is made. [A copy of Ms. Cuddy's testimony and a list of organizations that support water fluoridation was submitted into the public record.] Michael Riedeman/632 Iowa Street/Commented on why it is important to question authority when that authority's research is funded by industries with financial and political interests at stake. Mr. Riedeman noted the ties between researchers and the companies that support fluoridation and listed the results of a report released by the National Academy of Sciences which identified the harmful effects of fluoride in water. Mr. Riedeman requested the Council adopt an ordinance prior to the 2007 legislative session that clearly opposes the mandatory fluoridation of the City's drinking water. [A copy of Mr. Riedeman's testimony was submitted into the public record.] Art Bullock/Stated the proposed ordinance is poorly written and does not accomplish the Council's objective. He shared his concern that the ordinance fails to define the term "medication" and given the lack of definition the Supreme Court would base the definition on Webster's Dictionary which describes medication as a drug used to treat illness. Mr. Bullock suggested the following modifications be made to the ordinance: 1) Define the word "person", 2) Define the word "medication", 3) Specifically add terms like "minerals, vitamins, and health supplements" to prevent the argument that fluoride is not a medication, and 4) Include the term "fluoride" to insure the ordinance is upheld by the Oregon court or an Attorney General ruling. [A copy of Mr. Bullock's testimony was submitted into the public record.] Michael Framson/207 Bradford Way, Medford/Stated he provides educational services throughout Oregon on this issue and encouraged the Council to adopt the ordinance. Mr. Framson stated that people want safe, high quality drinking water, which is what the City of Ashland does, and this ordinance would acknowledge that this is the City's highest obligation to its consumers. He commented that Dr. Charles Gordon Hyde, who was a past president of the American Medical Association, had stated that he was appalled at the prospect of using water a vehicle for drugs, that fluoride is a corrosive poison that will produce serious effects on a long range basis, and attempts to use water this way is deplorable. Nick Frost/224 N. Third StreetNoiced his support of the proposed ordinance and stated that Mr. Bullock's brought up some good points. Mr. Frost noted that the American Dental Association had recently suggested that fluoridated water not be mixed with baby formula and stated there are a lot of questions remaining from a scientific basis on how flouride affects children. He stated there are still too many questions about fluoridation and not enough research. City Administrator Martha Bennett stated that staff reviewed whether this ordinance would effect the City's connection to TAP if Medford decides to fluoridate their water and noted the City Attorney had submitted d raft language to the Council that would address this issue. In regards to questions made by Mr. Bullock, City Attorney Mike Franell clarified the law has recognized the term "person" to include a corporation, partnership or business entity and does not feel this term is ambiguous as it would cover anyone putting a substance into the water. He added he would not object to the addition of "or entity". Councilor Hartzell suggested alleviating the issue raised regarding the term "medication" by modifying Section A to read, "...or add any substance to the public water supply for the purpose of treating or preventing illness". Mr. Franell stated he is not sure that tooth decay would be considered an illness. He also disagreed ASHLAND CITY COUNCIL A1EETlNG NOVE/vlBER 21,2006 PAGE 6 0(8 with the claim that the Courts would turn to Webster's Dictionary to determine the definition of "medication". He added that Oregon courts have consistently held that when a local government passes an ordinance, that local government is principle in interpreting the ordinance where there may be ambiguity. Councilor Hartzell suggested that it would strengthen the ordinance to state "medication or health supplement". She also questioned why there was no language on the penalties included in the ordinance. Mr. Franell stated the penalty for violations of the code that are otherwise unspecified makes it a misdemeanor, which is up to a $500 fine and up to 60 days in jail. Councilor Silbiger shared his concern that there has been no community discussion on fluoridation and opposed passing this ordinance before this discussion has been had. Councilor Silbiger motioned to table this ordinance until there is formal discussion with the public. Motion died due to lack of second. Comment was made that it is appropriate for the Council to set policy that that protects citizens against being treated through something as essential as water. Councilor Hardesty submitted an American Dental Association eGram into the public record. Councilor Hartzell/Hardesty m/s to approve Ordinance #2935 with the following amendments: 1) add "or entity" after the word "person" in Section A, 2) add the words "or health supplement" after the word "medication" in Section A, and 3) add Section C as drafted by staff. DISCUSSION: Council and staff discussed whether the amendments were substantiative enough to require a new first reading. City Attorney Mike Franell clarified if the ordinance is read aloud in full it can be adopted with the amendments at second reading. Mr. Franell read the ordinance with proposed amendments aloud in full. Roll Call Vote: Councilor Amarotico, Chapman, Hardesty, and Hartzell, YES. Councilor Silbiger, NO. Motion passed 4-1. Councilor Hartzell/Chapman mls to extend meeting until 10:30 p.m. Voice Vote: Councilor Hartzell, Hardesty, Amarotico, and Chapman, YES. Councilor Silbiger, NO. Motion passed 4-1. 2. Delegate to Jackson County Committee to End Homelessness. Councilor Hardesty/Amarotico mls to appoint Councilor Hartzell. DISCUSSION: Councilor Hardesty commented on the number of families that are homeless. She stated the precursors to homelessness are often unaffordable housing and jobs that don't pay enough and stated that these are critical issues for Ashland. Voice Vote: all AYES. Motion passed. 4. Council Discussion of Concepts for Proposed Agreement between Ashland Public Schools and Parks and Recreation Department for School Grounds Maintenance. City Administrator Martha Bennett noted the previous discussions regarding the school grounds maintenance and noted the recent ruling from the Oregon Supreme Court relative to the Eugene equivalent of Ashland's youth activities levy. She explained that Ashland School District Superintendent Julie DiChiro had presented a concept to readjust the allocation of the youth activities levy. This readjustment would stay faithful to the intent of the voters by making sure money still goes to youth activities, but would send any of the dollars affected by the recent ruling to the City's Parks & Recreation Department. Ms. Bennett stated that staff agrees with the proposed agreement between the Parks Department and the School District with the exception of the provision that the City will pay for the water at the two schools. She added that if all three boards (City Council, Parks & Recreation Commission, and Ashland School District) agree on this conceptual agreement, it will be sent to Legal for drafting of the actual agreement. ASHLAND CITY COUNCIL /'JFETliW; NOVEJ'vfBER 21,2006 PAGE 70(8 Parks & Recreation Director Don Robertson clarified that: 1) Overhead has not been charged in the past and was not included in this agreement, 2) The Parks Department would complete the maintenance at no charge f or 18 months, with billing taking effect on July 1,2008, and 3) The Parks Department would abide by the School District's current policies for vegetation control. Councilor Hartzell/Amarotico mls to direct staff to continue working on the intergovernmental agreement and to formulate it into a formal document with the elimination ofItem #10. DISCUSSION: Mr. Robertson further clarified it has been the Department's practice to keep things as affordable as possible for the schools, and noted they also don't charge overhead for the City functions they maintain. He noted this document is still a work in progress, as they have not received approval from the School District or the Parks Commission. Roll Call Vote: Councilor Hardesty, Hartzell, Amarotico, and Silbiger, YES. Councilor Chapman, NO. Motion passed 4-1. 5. Ratification of Police Union contract. City Administrator Martha Bennett stated the City has concluded negotiations with the Police Union over a new three-year contract and the draft contract has been ratified by the Union. She stated the major changes in the contract relates to wages and clarified the City is required set wages based on the averages of comparable city's in Oregon by population. The contract includes a wage increase of 6% in the first year, 5% in the second year, and 4% in the third year, for a total of%15; which is equivalent to the total wage increase given to the City's Fire Department. Ms. Bennett noted the change to increase certification pay for officers that hold advanced education and stated the remainder of the changes are housekeeping items to ensure consistent language. Staff recommends the Council approve the draft contract as presented. Councilor Amarotico/Silbiger mls to approve ratification of police union contract. Roll Call Vote: Councilor Silbiger, Chapman, Amarotico, Hartzell and Hardesty, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS (continued) 2. Second Reading of an Ordinance Titled, "An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code Relating to Rules of Procedure for Personal Service Contracts." City Attorney Mike Franell stated this is the personal services contract ordinance that Council considered at their previous meeting. He noted staff has made the changes requested to reduce the amount that would be required for to go out to bid from $75,000 to $50,000. Art Bullock/Stated this ordinance shifts power from Council to staff and makes it easier for consulting contracts to be initiated without coming to Council. He stated this prevents accountability, openness and transparency and reduces the public's opportunity to hold their public officials accountable. Mr. Bullock asked the Council to not approve the change, keep it at $25,000, and increase the accountability and the transparency of these consulting proj ects. Councilor Silbiger/Amarotico mls to approve Ordinance #2933. Roll Call Vote: Councilor Hardesty, Silbiger, Hartzell, Chapman and Amarotico, YES. Motion passed. 3. Second Reading of an Ordinance Titled, "An Ordinance Amending Chapter 2.50 of the Ashland Municipal Code relating to Rules of Procedure for Public Contracting." City Attorney Mike Franell explained this ordinance was originally brought before Council for first reading in July and stated the second reading was postponed until the ordinance amending the personal services contracts was approved. He stated passing one ordinance and not the other would have created some holes in the code. Mr. Franell noted one clerical change that needed to be made: in Exhibit B, the first sentence should read, "Under the Ashland Municipal Code, Chapter 2.50 Public Contracts, Section 2.50.115, Disposal of Surplus and Abandoned Property...". It was clarified LCRB stands for Local Contract Review Board and staff recommended the Council adopt the ordinance with the noted correction. ASflL1ND CITY COUNCIL A1EETlNCi NOVE/vfBER 21, 200n PAGE 8 0(8 Art Bullock/Stated if less people review these contracts it is more efficient in the sense that it gets done quicker, but this does not assist with accoutability and transparency. Mr. Bullock commented on the potential abuse of power by staff and suggested the approval to form be done by either the Mayor or the City Council as well as the City Administrator. City Adminsitrator Martha Bennett clarified there are two kinds of review that take place. One is a review on the contracts merits and the second is a review as to whether the document is in appropriate legal form. She stated it is appropriate for the Legal Department to perform the legal review and clarified herself and the Administrative Services & Finance Director are the two members of staff who review the merits of the contracts. She shared her opinion that the proposed ordinance strikes an appropriate balance between getting things done efficiently and doing it in a transparent and open manner. It was questioned if the changes made at the first reading should be identified. Mr. Franell stated that typically only changes made by staff between first and second reading are highlighted in the ordinance. It was noted that the wrong version of the ordinance was accidentally included with the Council's packet materials, however the correct version was posted for the citizens to view on the City's website. The changes made at first reading were listed and are as follows: 1) Strike exemptions #4 and #9,2) Remove the phrase "including bandwidth" from exemption #14, and 3) Insert a provision in exemption #10 to define used vehicles as being at least 12 months old. Mr. Franell clarified that as long as the Council is clear on what they are adopting it is fine to approve the ordinance. He recommended Council approve the ordinance, with the changes made at first reading, as well as the correction made to Exhibit B. Councilor Silbiger/Amarotico m/s to approve Ordinance #2934 with the noted correction to Exhibit B. Roll Call Vote: Councilor Hartzell, Amarotico, Chapman, Silbiger and Hardesty, YES. Motion passed. Request was made for future drafts between first and second reading include the mark-ups. 4. First Reading by title only of an Ordinance Titled "An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials." Item delayed due to time constraints. 5. First Reading by title only of an Ordinance Titled, "An Ordinance Amending the Ashland Municipal Code Relating to Regulations for Parades and Public Assemblies; Repealing Chapter 11.40 of the Ashland Municipal Code." Item removed from agenda. OTHER BUSINESS FROM COUNCIL MEMBERS 1. Discussion of 2006 Council Goals. Item delayed due to time constraints. ADJOURNMENT Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor ASHLAND AIRPORT COMMISSION OCTOBER 3, 2006 MINUTES MEMBERS PRESENT: RICHARD HENDRICKSON, PAUL WESTERMAN, BOB SKINNER, BILL SKILLMAN, GOA LOBAUGH, TOM BRADLEY, RUSS SILBIGER, LINCOLN ZEVE, ALAN DEBOER STAFF: DAWN LAMB MEMBERS ABSENT: CLAUDIA STOCKWELL Visitors: 1. CALL TO ORDER: 2. APPROV AL OF MINUTES: 3. Public Forum: 9:30 AM September 5, 2006, minutes approved as written. 4. OLD BUSINESS: A. Burl Brim Hilltop Helipad Development Deboer wanted to express his support of the airport developing and bringing in business to become self- sufficient. Brim has asked to expand the hangar by 20 feet to attach an office space. The increase would increase revenue and provide a working area for Brim's employees as well as a bathroom facility. The addition would be permanent and useful to future businesses who would want to utilize the existing hangar as a business. Discussion started with the addition being toward the back of the hangar and has moved to the area to west reserved for hangar growth. The addition would encroach on the next reserved space. The commission discussed whether to allow the expansion and what the potential benefits could be. The area was reserved for four private hangars for that row. Three would be 60 X 60 with the furthest western hangar being 60X80. This was accomplished with a minimum distance between the hangars being five feet. The addition of an extra 20 feet will not affect the layout other than shifting the 60 X 80 footprint to the far easterly location. Skinner felt that the area should be remeasured to be sure there is enough room. Lamb will look back in the minutes to see what the minimum distance between the hangars was determined. Bradley and DeBoer will go out and measure the area to verify the distance from the Brim hangar to the center of the taxiway. Burl would also like to have more parking space. He spoke with Skinner about the possibility of using the adjoining hangar space as a parking area until it is likely to be developed. The space could be leased out at the lower lease rate for the footprint. The lease could be a month to month so if a developer did want to build it would be an easy arrangement. Skinner and DeBoer discussed the options. Skinner supported the idea of adding the parking to lessen the burden on the space between his and the Sky hangar. DeBoer felt the addition of vehicles traveling on the taxilanes would increase and cause other issues. The type of parking surface could also be a problem because the rotor wash from the helicopters. The existing gravel areas near the ends of some of the hangars is already causing track out issues. A few years back the commission looked at how much paving these small sections would be to decrease the track out issue. Vehicles parked in these locations would encroach on the taxiways so it is important to mark them as no parking. Lamb will look back at the history of the paving and see if there are funds to complete the work. Skillman thought a month to month for the building pad would be a benefit. Zeve suggested letting Brim make a formal request for size and surface type before a decision was made. DeBoer spoke with Burl Brim regarding paying the fuel flowage fees. Zeve also spoke to Brim regarding C:\DOCUME-1\shipletd\LOCALS-1\Temp\Oct 3 2006 AC.doc 1 the fee and he said that Brim was not enthralled about paying for the fuel flowage. Skillman pointed out that if the fuel flowage fee is applied to only non-owned aircraft than the fees that Skinner has paid all these years for fuel he has used in his own aircraft should be refunded. The fee should be consistent. DeBoer and Lobaugh agreed hat the fee needs to be implemented. Hendrickson agrees that we don't want a defacto precedent for paying the fee. There is also risk involved with fuel pumping. Skinner and Lamb have copies of his insurance which covers the liability for pumping fuel. Users of the airport need to be supportive of financially supporting the airport in the goal of becoming self sufficient. Action: Hendrickson motioned to approve the request from Burl Brim to expand the hangar to the east by 20 feet conditional on the verification of the distance to accommodate the other three additional hangars. Seconded by Skillman and passed unanimously. Lamb, DeBoer and Bradley will work on verifying the distances. The parking area will be reviewed after a formal proposal or request is received from Burl Brim. Joanne Krippaehne, Madrona Architect will be working with Brim to expedite the planning action. B. Strategic Planning Action Items: Lobaugh reported that the web site has had about 300 visitors a month. June and July have shown the highest visits. The link back to the 99 web site is over 15% ofthe visitors. The time stamp is still not on the site and Lobaugh is not sure it will be possible. 4. NEW BUSINESS: A. QT Technologies Maintenance Agreement Skinner reported that the first year with the equipment required a lot of maintenance, but the system has been up and functioning much better. There has been one problem that Skinner has finally identified and now it is not a problem. The last service agreement covered enough repairs to pay for itself and then some with the installation of a new screen. There are different programs that are available that range in price. The platinum is the most inclusive and covers repairs and parts. The cost ofthe service agreement is paid out of the maintenance budget. The cost two years ago was $1,995.00 and they actually waived one year of service because there were so many issues when the system first went online. The commission discussed the pros and cons of the maintenance agreement and the extent of coverage needed. The service calls average around ten a year. This year the monitor needed to be changed out due to sun damage. The self-fueling accounts for 40% of all the fuel sales. The system initially cost $10,000. Skinner felt there was a need to include the lightening protection. Action: Bradley moved to direct staff to purchase the platinum service agreement for the self-fueling system for a two year contract for $1,495 per year. Seconded by Lobaugh and passed unanimously. 5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report. Review of Safety Reports August was an amazing month due to the 99 conference and other fly-ins. Hamilton did an amazing job of hosting the conference attendees. The Commission voted to send him a thank you for his time. The head of the conference was very impressed with Ashland and with the services. Lamb will send a letter of thanks to the 99s for choosing Ashland. The Tidings will be running an article on the airport and their operations. Skinner did not have a date yet. There have been two confirmed rattlesnake sitings so Skinner warned people to be cautious. Lamb is still working with the Facilities department to finish the quote for the FBO office renovations. 6. OTHER: A. Proposition 37 Claim Hendrickson recently heard of a claim for a large parcel of land that is located directly in the runway 30 flight path. He is concerned about the potential negative affect of a potential residential area developing under the C:\DOCUME-1\shipletd\LOCALS-1\Temp\Oct 3 2006 AC.doc 2 " I flight path. DeBoer knew of the application and felt because of several utility requirements that it would not be a feasible location for a densely populated subdivision. There is no water or sewer or other City utilities across the Freeway where it is located and it is far outside the urban growth boundary. Silbiger has seen no Council support of this application either. Hendrickson commented that the AOP A is weary of these types of developments happening and the airport being sacrificed to the development. He feels the commission should be made aware of these types of future developments. B. Airport Association DeBoer would like to see the Association be more active. C. FAA Inspection Summary The summary letter mentioned helicopter operations that were taking place at the same time as his inspection. The helicopter was operating dangerously. Skinner was involved with the complaint and did contact the pilot to warn them about the unwarranted operations. The pilot has not returned to the Ashland Airport. Hendrickson thanked Krippaehne for her time and to ensure her that the commission supported the growth at the airport. 7. NEXT MEETING DATE: November 71\ 2006, 9:30 AM ADJOURN: Meeting adjourned at 11:00 AM C:\DOCUME-1\shipletd\LOCALS-1\Temp\Oct 3 2006 AC.doc 3 Ir I CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES OCTOBER 16, 2006 CAll TO ORDER Vice Chair Bill Street called the meeting to order at 6:30 p.m. at the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, OR. Commissioners Present SOU liaison Bill Street, Vice Chair Sunny Lindley, present Jennifer Henderson Aaron Beniamin Council liaison Liz Peck Cate Hartzell, present Don Mackin Steve Hauck Carol Voisin Staff Present Absent Members Brandon Goldman, Housing Specialist Faye Weisler, absent Sue Yates, Executive Secretary APPROVAL OF MINUTES Mackin/Benjamin m/s to approve the August 21,2006 and September 18,2006 minutes. Street added that on page 2 of the September minutes under Education Report, Hartzell has agreed to be on the educational television program. Voice Vote: Approved. NEW BUSINESS Review of Current Pre-Applications 220-226 VanNess Street (4-unit condo conversion) Hauck stated that he is the Executive Director of a non-profit and he has a financial relationship with Tom Giordano who is their architect on a current project. TOM GIORDANO, agent for Carl Wright, applicant, said they are requesting a four-unit condominium conversion off VanNess. One unit will meet the City's affordable guidelines and will be one of the middle units. The owner would like the financial flexibility to either rent or sell the units. Giordano believes it is the upcoming ordinance change that has panicked owners that want their ability to sell their units. Goldman said he'd be happy to meet with the applicant about the first right of refusal for the current tenants. Giordano said the current tenants are paying $795 per month rent, soon to go up to $825. Goldman said under the current ordinance, the rent for an occupant earning 80 percent of median income would be $805 per month. Under the proposed ordinance, the 30 year term is targeted as a rental to 60 percent median income with the target rent at $585 a month. PUBLIC FORUM - No one came forth to speak. REPORTS AND UPDATES Subcommittee/Liaison Reports land Use - Goldman may be asking for their assistance in evaluating any Request for Proposals that are received for the Rental Needs Analysis. Finance - No report. Next meeting: November 13th from 5:30 to 7 pm. Education - Mayor Morrison attended their last meeting on October 4th and they discussed plans for their Housing Commission information television program now scheduled for November 15th. Currently, Hartzell and Morrison will be on the show. Comments: Benjamin and Lindley noted that they attended a recent local political candidate forum and they both felt the candidates and audience members were well-informed about Ashland's housing situation. Benjamin credited, in large part, the meetings, workshops and forums that have been held concerning affordable housing. Hartzell arrived at 6:50 p.m. Liaison - Street will be meeting again with members of the School Board to discuss possible ideas for workforce housing for employees of the school district. A possible agenda item for next month would be a review of the liaison relationships and some formalization of those relationships. Lindley has observed that most of the discussion that has occurred around affordable housing does not include the SOU student population. The Commissioners had a brief discussion and Street suggested an agenda item to invite college students to brainstorm with the Commission. Other Business from Housing Commission Members - There was none. NEW BUSINESS Survey of City Commission - The completed survey is included in this month's packet. Goldman provided a synopsis of the responses. The Commissioners are also welcome to fill out the comment sheets individually. Goldman will expand the fmal sentence of Question 7 (Commission's budget) that talks about holding an annual forum to say "to look for a consistency the larger budgets that other commissions have in order to accomplish that goal." The Commissioners want the budget to reflect what they spend. Question 9 - Lindley asked why the student liaison member is not a voting member. Hartzell explained that if the SOU student representative is made a voting member, he/she would have to be present for a quorum and over the years it has been difficult to have student appointees that have attended meetings consistently. Mackin said any time there is a vacancy on the Commission, the student liaison could apply. Street noted that though Lindley may not have a vote, the Commission values her attendance and input. Review of Current Pre-Applications Grizzly View Garden Apartments (84 unit apartment and annexation) Dave Richardson, Architectural Design Works and Bob Kendrick, project manager showed site plans and explained their project. Kendrick said he knows there is a lack of rental housing in Ashland. They are planning to construct mostly studio apartments. He will incorporate a community center for a gathering place. Their biggest obstacle is gaining a secondary means of egress. Goldman reiterated that an annexation requires a percentage of affordable housing when it is residential. The property is currently partially zoned E-l. They will have to request a zone change in their application and with that they need to demonstrate a public need for residential, or conversely, a lack of need for E-l. Mackin said this is a classic example of the type of project the city is going to have to look at in order to get multi-family housing. It is not prime property because of its location and the fact it has been vacant this long means it's not competing for single family housing. The rental needs analysis could provide the numbers needed to show public need for multi-family housing. Kendrick said he has given no consideration to converting these units to condominiums. He is trying to build an apartment community that is a long-term investment. He will show how many apartments have been built since 1994 and that's how he'll show the need. He is targeting one, two and three person households. The affordable units will be scattered throughout the development. He would like to incorporate as much green and sustainable building as possible. Lindley interjected that she believes student housing is packed with families and they could really use three bedroom units. A lot of families that live in student housing currently are looking for a place to live when they leave school. Kendrick will look at the design and the market to see what he can do. The Commissioners noted that the project is an excellent site that is close to transportation, access to banks, shopping and servIces. PROJECT UPDATES Lithia Lot UDdate - Goldman said the developer fee and the interest rate increases have created a $300,000 funding gap. ACCESS has hired a third party to see if they can cover the gap. And, ACCESS believes BOLl will apply to this project too. MEETING AGENDA ITEMS ASHLAND HOUSING COMMISSION MINUTES OCTOBER 16, 2006 2 11' I November 20, 2006 Meeting Liaison Appointments Rental Needs Analysis Update Update on progress of Housing Trust Fund (Note: Benjamin asked if the Commission should consider the concept of a land bank and explore the possibility of surplus underutilized land being made available. That land could go into the Housing Trust Fund and be kept in reserve and could continue to appreciate in value.) Pre-App Reviews - Evaluate and reflect on how that process has been going Unexcused absences - Goldman will bring definition Responsibilities of Subcommittees - Clarify assignments, expectations, reports December 18, 2006 SOU Housing Report/SOU Masterplan (tentative) Annexation Ordinance CONDO CONVERSION ORDINANCE UPDATE - The ordinance went before the Planning Commission on October 10th and has been carried over to their study session on October 24th at 7:00 p.m. Benjamin commented at the Planning Commission meeting and would strongly recommend there be Housing Commission representation at the study session. Tenants Right of Refusal- Hartzell said the Resolution states that the landlord has to document that they offered the residents the ability to purchase. She would like to see in addition to that wording, wording that would reflect the tenant's response. Goldman said the reporting is required back to the State. Hartzell would also like to know if first right of refusal only applies to the unit the tenant is living in or can we make the resolution flexible enough to offer the first right on any unit in the complex? ADJOURNMENT - The meeting was adjourned at 8:00 p.m. Respectfully submitted by Susan Yates, Executive Secretary ASHLAND HOUSING COMMISSION MINUTES OCTOBER 16, 2006 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES OCTOBER 10, 2006 CALL TO ORDER - Mike Morris called the meeting to order at 1 :35 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: Mike Morris Tom Dimitre Melanie Mindlin Council Liaison: Kate Jackson, (Council Liaison does not attend Planning Commission meetings in order to avoid conflict of interest.) Absent Members: None Staff Present: Maria Harris, Senior Planner Derek Severson, Associate Planner Amy Anderson, Assistant Planner Angela Barry, Assistant Planner Sue Yates, Executive Secretary APPROVAL OF MINUTES Dimitre/Morris m/s to approve the minutes of the September 12,2006 Hearings Board. Voice Vote: The minutes were approved. (Mindlin was not present at the 9/1212006 meeting and abstained from the vote.) TYPE I PLANNING ACTIONS PLANNING ACTION #2006.01754 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT FOUR EXISTING APARTMENTS INTO FOUR CONDOMINIUMS FOR THE PROPERTY LOCATED AT 1875 VENTURA CIRCLE. APPLICANT: KATHERINE M. KENNEDY This action stands approved. PLANNING ACTION #2006.01755 REQUEST FOR FINAL PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTION CHAPTER (AMC 18.88) FOR AN ELEVEN.UNIT, TWELVE. LOT MULTI.FAMIL Y DEVELOPMENT FOR THE PROPERTY LOCATED AT 829.857 N. MAIN ST. THE PROPOSED SUBDIVISION CREATES AN INDIVIDUAL LOT FOR EACH OF THE ELEVEN EXISTING TOWN HOMES AND A TWELFTH LOT AS COMMON AREA. APPLICANT: JERRY TONEY This action stands approved. PLANNING ACTION #2006.01692 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT EIGHT (8) EXISTING TOWNHOUSE APARTMENTS TO EIGHT (8) CONDOMINIUM UNITS FOR THE PROPERTY LOCATION AT 420-436 CHESTNUT STREET. APPLICANT: JONATHAN P. & TERRY L. TURRELL This action stands approved. PLANNING ACTION #2006-01792 REQUEST FOR SITE REVIEW APPROVAL TO CONSTRUCT AN APPROXIMATELY 1,500 SQUARE FOOT GEODESIC DOME, NATIVE PLANT NURSERY STRUCTURE FOR FORESTRY RELATED EDUCATION AND AN APPROXIMATELY THIRTY.FOUR FOOT TALL WEATHER STATION TOWER FOR THE SCIENCE WORKS PROPERTY LOCATED AT 1500 EAST MAIN STREET. APPLICANT: SCIENCE WORKS This action stands approved. " I PLANNING ACTION #2006-01569 REQUEST FOR A SOLAR ACCESS WAIVER FOR THE PROPERTY LOCATED AT 294 & 308 AVERY STREET AND A MODIFICATION OF THE LAND PARTITION APPROVAL (PA 2006-00085) CREATING THE LOT WHICH REQUIRED THAT NEW STRUCTURES MEET SOLAR SETBACK STANDARD A. THE OWNER OF THE ADJOINING PROPERTY TO THE NORTH AT 280 AVERY STREET HAS AGREED TO THE ADDITIONAL SHADING BEYOND THAT ALLOWED BY ORDINANCE. APPLICANT: GAYLORD & BETTY DIANE BUCK This action stands approved. TYPE II PUBLIC HEARINGS PLANNING ACTION #2006-01548 REQUEST FOR A MODIFICATION OF A PREVIOUSLY APPROVED SITE REVIEW (PA 2005-01673) FOR A MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT LOCATED AT 1651 ASHLAND ST., WITHIN THE DETAIL SITE REVIEW ZONE. THE PREVIOUS APPROVAL WAS FOR TWO, THREE-STORY MIXED-USE COMMERCIAL AND RESIDENTIAL BUILDINGS CONSISTING OF OFFICE AND RETAIL USES ON THE GROUND FLOORS, AND A TOTAL OF 23 RESIDENTIAL UNITS ON THE FIRST, SECOND AND THIRD FLOORS. THE MODIFICATIONS TO THE ORIGINAL APPROVAL PROPOSED HERE INVOLVE A REDESIGN OF THE SOUTH ELEVATION, ALONG THE ASHLAND STREET SIDE OF BUILDING #1, AND THE CONVERSION OF TWO OF THE FOUR AFFORDABLE UNITS TO AN ALTERNATIVE AFFORDABILlTY STANDARD BEING PROPOSED BY THE APPLICANT. APPLICANT: KIRT MEYER Site Visits and Ex Parte Contacts - There were none. ST AFF REPORT Severson explained the proposal as outlined in the Staff Report. In December, 2005, the applicant proposed four affordable units. The request is to convert two of the four affordable units to an alternative affordable standard and to redesign the south elevation along the Ashland Street frontage of Building 1. Only two units would typically be required as affordable units but since the applicant proposed four units, it was made a condition of approval. The applicant has now said because of the increases in construction costs, interest rates and the slowing in the real estate market, the economic viability of their project is in jeopardy. The two units would have a $225,000 sales price versus an approximately $148,000 sales price that would have been required previously. They also would retain the rental levels so if the units are rented, they will be rented at the City's affordability standards. The proposal also adds in a ten percent annual appreciation in the sales price of the units. Severson reviewed information provided by the City's Housing Specialist, showing how their request it is not far out of line with the current affordability standards. However, adding the ten percent annual appreciation would in ten years raise the sales price to 215 percent of median income needed to afford a $583,000 sales price. Staff doesn't agree that it meets the intent of providing four affordable units. However, only two units are required to be affordable under our ordinance. With regard to the modification to the Ashland Street fac;ade, Severson said it is Staffs opinion that the proposed change is a significant modification to the way Building 1 relates to the pedestrian environment on Ashland Street, and while it still incorporates changes in height, size, mass and direction, it seems to have lost some of the human scale relationship to the streetscape that was provided by the buffering affect of the larger third floor deck space. Staff believes the addition of the two tower elements draws the third story mass of the building forward and anchors it so that it seems to tower over the pedestrian corridor. If the Commission chooses to approve this application, five conditions have been included in the Staff Report. Harris noted it is 18 feet from the back of the sidewalk to the front of the building. PUBLIC HEARING TOM GIORDANO, 2635 Takelma Way, is the agent & architect for the project. Giordano reiterated that only two affordable units are required. They are requesting two modified affordable units. The rentals would stay the same. Because of the construction costs, interest rates and slower markets, the applicant is concerned about getting some return on the units. He believes the design does meet, ifnot exceeds, the Design Standards Guideline. He's explained the design modification thoroughly in his application. The modification is not a solid wall, but varying roof levels. Most of the building is much further back than required, still creating a human scale pedestrian walkway. There is also about five percent incline from the sidewalk. If anything, the building will be lower down on the site by about a foot. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES OCTOBER 10, 2006 2 " I Mindlin said the two additional affordable units came as part of the first hearings process and something was given to the applicant for that. She feels like the program the applicant has laid out starts out fine, but goes too far too fast in terms of pulling it away from affordability. She wondered if the applicant would be open to a revised affordability that is not as generous as the one proposed. Giordano said it will cost $225,000 to build each of the two units. KIRT MEYER, 678 Park Street, said the ten percent annual increase was a proposal, but they are not necessarily set on it. Mindlin suggested the two units could fall under the current ordinance. Harris noted that the current standard keeps the affordability for 30 years instead of 20. Negotiations between the Commissioner and the applicant ensued. Dirnitre asked with regard to the towers and the setback, what alternatives are viable, or is what is being presented the only thing they can do? Giordano believes they meet the setback for the front surface and they meet the guidelines. He just doesn't agree with Staffs concerns. COMMISSIONERS' DISCUSSION AND MOTION Affordable Units - The Commission discussed going with the current standard or continuing the hearing to give the applicants more time to study their options. Towers - Dimitre said the Planning Commission approved this previously and he does not want to approve the modification because he is concerned about how much more imposing the alternative will be on pedestrians. He is disappointed there are not more alternatives. Mindlin and Morris are not that concerned with the towers and the way the front fa<;:ade is broken up. MORRIS RE.OPENED THE PUBLIC HEARING Meyer will accept doing two affordable units under the earlier standards and two under the current standards if they are allowed to gain the additional square footage. THE PUBLIC HEARING WAS CLOSED COMMISSIONERS' DISCUSSION AND MOTION Dirnitre moved to continue the meeting for 30 days and have 30 days added to the 120 day time line so they can investigate timelines for the third and fourth units. The motion failed for lack of a second. Mindlin/Morris m/s to approve PA2006-0l548, adding a condition that two of the four affordable units will use the current affordability standard program set by the City and two under the previous program, and approve the modified design of the building fa<;:ade along Ashland Street. Roll Call: The motion carried with Dimitre voting "no." ADJOURNMENT - The meeting was adjourned at 2:45 p.m. Respectfully submitted. Susan Yates. Executive Secretary ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES OCTOBER 10, 2006 3 tr I CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 10, 2006 CALL TO ORDER - Vice Chair Michael Dawkins called the meeting to order at 7:00 p.m. Commissioners Present: Michael Dawkins Olena Black Tom Dimitre John Stromberg Pam Marsh Melanie Mindlin Mike Morris Absent Members: John Fields, Chair Dave DoUerrer Council liaison: Kate Jackson (Council Liaison, does not attend Planning Commission meetings in order to avoid conflict of interest.) Staff Present: Bill Molnar, Interim Planning Director Maria Harris, Senior Planner Sue Yates, Executive Secretary APPROVAL OF MINUTES AND FINDINGS Morris/Marsh m/s to approve the minutes of the September 12,2006 Planning Commission meeting. Voice Vote: Approved. Stromberg/Morris m/s to approve the minutes of the August 22,2006 Study Session. Voice Vote: Approved. Approval of Findings for PA2006-01294: There were no ex parte contacts declared. MarshlDimitre m/s to approve the Findings for PA2006-01294, Park Street Apartments. Voice Vote: Approved. PUBLIC FORUM BRYAN HOLLEY, 324 Liberty Street, said as a Tree Commissioner, he is concerned with the conditions of approval and monitoring of those conditions along with applicants not adhering to the Tree Commission recommendations to the Planning Commission. He cited two recent examples. Dawkins suggested Holley bring his remaining comments to the Study Session on October 24, 2006. ART BULLOCK, 791 Glendower, handed out "Ex Parte-Issues and Solutions, Part 2" dated October 10,2006. MOLNAR introduced the new Assistant City Attorney, Richard Appicello. TYPE II PUBLIC HEARING PLANNING ACTION #2006-00612 REQUEST FOR A SITE REVIEW APPROVAL TO CONSTRUCT A MIXED-USE DEVELOPMENT COMPRISED GENERAL OFFICE SPACE AND SIX RESIDENTIAL CONDOMINIUMS FOR THE PROPERTY LOCATED AT 160 HELMAN ST. APPLICANT: SISKIYOU LLC/JAMES BATZER Site Visits and Ex Parte Contacts - Mindlin had a site visit. She drove into the parking area and noticed the tightness of the area, the steep grade, and the high hill dominating the creek area. Dawkins had a site visit and noted, in particular, the setback and development pattern from North Main to Van Ness. Black had a site visit and was reminded of the consequences of having industrial next to residential when she smelled the pungent, fruit-rotting odor coming from the dumpster. She noted how much farther away from the street Buildings I and 2 look on the site map versus standing on the site. Marsh and Stromberg had a site visit. ST AFF REPORT Harris reviewed the project as outlined in the Staff Report. In applying the Site Review standards, the Planning Commission has some level of discretion especially in the Detailed Site Review Standards. Staff feels it is important to balance a strong ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 10, 2006 1 commercial component because it is in the E-l inventory and will target job creation in the future. At the same time, there should be a thoughtful and considerate building design and site layout to transition from the historic residential neighborhood across the street to this property. The area on the east side of Helman Street has been a light industrial area since the community was established. Staff believes the application meets most of the applicable approval criteria and design standards. Areas of Concern 1. Finished ground floor level of Building 2 (comer building). It appears the finished floor level (bottom floor) appears to be two feet below the sidewalk level at the intersection. 2. Setback of the comer building from Helman Street or from the sidewalk. Staff said up and down the street, there is a consistent green area between the buildings and the sidewalk. The current design doesn't seem to be consistent with the neighborhood development pattern. There is a historic district standard that applies to this project that speaks to maintaining historic fal;ade lines along the street and also dividing the building mass in heights and sizes that relate to human scale. The Historic Commission has reviewed the application several times informally and then two times after the application was submitted. Their recommendations are in the packet. They recommended approval of the applications adding some suggestions about giving more emphasis to the comer entry. The Tree Commission has reviewed the application two times and their recommendations are included in the packet. The Tree Commission did not object to the tree removal permit. The applicants propose to keep the existing parkrow width along Helman Street and widen the sidewalk to eight feet. The VanNess sidewalk is new and they propose to keep it in place. If the Planning Commission chooses to approve the application, Staff has suggested 28 Conditions. Harris said there is language under Chapter 18.72, Power to Amend Plans that is intended to allow for some flexibility. Every site is different. The applicant has considered the project all one building because it's attached by the above-ground plaza. The ground floor is 65 percent of the project. The Commission has to decide if they agree that it can be calculated that way. Staff believes it would still work if it was calculated as multiple buildings. . Dimitre asked about vision clearance. Harris said there is cantilevering over the vision clearance area and according to a memo from the City Attorney's office, the Planning Commission has discretion. The residential front yard setbacks up Helman on the opposite side of the street range from about 12 to 25 feet. Further up the street towards Main the commercial buildings tend to be closer to the street. PUBLIC HEARING MARK KNOX, 320 E. Main Street, introduced two project architects and Jim Batzer, property owner. They have been working on this project since November, 2004. The building is broken up into four buildings. The comer building was specifically designed to match the newer building across the street. The intent was to create a gateway into the Railroad District. They have intentionally designed the building to be up near the street so pedestrians can see into the windows and people from the buildings can see the street activity. The gap in the plaza is to give a break of light and air. The width is the same as the tallest point of the building. The sidewalk up and down the street is proposed at eight feet while the remaining sidewalk up and down the street is five feet. The three extra feet can be green space. Knox said they have planned for a six and one-half foot planting strip and an eight foot sidewalk so they are further back than the building across the street (on VanNess). He agrees with Staff that the building works using either the 65 percent or 50 percent calculation. Knox said the property goes from 0 to 12 feet downhill. They purposefully designed the comer building somewhere in between. They were trying to achieve a reduced mass/height by lowering the building a couple of feet. He is sure they can lift that building two feet up. With regard to vision clearance, Knox believes there should be enough room to put a planting strip along the curb and sidewalk. This property has an excessive amount of right-of-way. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 10, 2006 2 H' I JIM BATZER, property owner, 131 Terrace Street, said he wants to create a Green building, thus greatly reducing the energy costs. Dawkins said because we are bridging Residential with Employment, it is important to maintain that visual green space feel all the way down Helman. MARK MCKECHNIE, MCKECHNIE & ASSOCIATES, 4406 San Juan Drive, Medford, OR 97501, said there is a four foot drop of the building around the comer. They need to maintain vision clearance on the comer. He tried to have the front door at grade to VanNess, but below grade if the front door runs to Helman. Knox said all the utilities will be undergrounded on the site. They cannot underground everything. McKechnie said the pole is a main utility trunk and the City would have to underground it. McKechnie explained the parking circulation. Dawkins asked what would happen if the Commission asked to have the building moved back six feet. Knox said that could be done. ERIC NAVICKAS, 363 % Iowa, noted that he is saddened there was no more effort to preserve the existing buildings and Pyramid Juice as it was a real working class industrial part of the City that is being destroyed. This building is similar to the Northlight project that was considered two buildings. He believes it should be looked at as one building. The burden of proof is on the applicant to show it can be worked out both ways. The bigger issue is consistency. He thinks calculations are being done to benefit the developer. ART BULLOCK, 791 Glendower, stated his concerns are with bulk and scale across the street from a one story residential neighborhood. The buildings will completely dominate the view and will be exacerbated by bringing the building to the curb. There is no transition and it will adversely affect the view down the street. He is also concerned about transportation, specifically bike transportation on both VanNess and Helman. Tour buses park on Helman and it will be made worse because of the added traffic from this development. Molnar said this is a classic infill project. It is an underdeveloped site in the midst of a high value National Register historic neighborhood. Communities across the U.S. are now dealing with this type of development or in other words, the intensification ofland use and how to appropriately transition between uses. Though Staffrarely disagrees with the Historic Commission, they do in this case. Looking at this property in the context of the whole neighborhood, Staff feels one ofthe contributing elements is the establishment of a curb, planting strip, sidewalk, some sort of planting strip and then building fayade keeping it consistent with the six-block area. With the residential buildings, there is generally a platform stepping up to the building. One rarely walks down to a residence. It would be up to the applicant's design team to pull the building back. Harris said Building 1 is mostly a two-story volume with only a small three story portion. Balancing the volume and mass of the building with the smaller setback seems reasonable. Rebuttal - Knox said Pyramid Juice will still be in production in Ashland. The building or buildings, whether one or two, meet the requirements of 50 percent or the 65 percent ratio. They can raise the building on the VanNess side and that could reduce the ceiling height by a foot. They can have a five foot sidewalk. They can take a certain amount of the square footage and go into a parking space. McKechnie added that the building meets the 50 percent rule. They wanted each piece ofthe building to set back so it would reflect the neighborhood. COMMISSIONERS' DISCUSSION AND MOTION Black/Morris m/s to accept PA2006.00612 with the existing Conditions. The Commission discussed the two issues raised by Staff. This is a designated historic neighborhood and the Commission has a responsibility to look at how that sidewalk setback continues down the street and mirrors in a similar way the residential neighborhood across the street. The majority of the Commissioners favored the applicants coming back with other drawings that show the building relating to the Helman Street grade with the door accessible at street grade on the Helman Street side. This is also in keeping with the ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 10, 2006 3 Tr I historic neighborhood. Along with this issue, some of the Commissioners expressed concern over the bulk and scale of the building Stromberg/Black m/s to extend the meeting to 10:30 p.m. The motion was approved. Marsh said she would be willing, if the applicant comes back with pictures of the new grade, to do some compromising with the three foot setback on the Helman building. She believes a strip of landscaping is needed along the Building 2 fa<;ade. She would be willing to leave the building wall where it is with the sidewalk narrowed to five feet and three feet of landscaping between. If the developer simply cannot move the building back three feet, then she would be willing to go with three feet of landscaping and a narrower sidewalk and the building at street level. Black rescinded her motion. Batzer came forward. The Commissioners asked if the applicant would agree to a continuance. He agreed and agreed to a 60 day continuance of the 120 days. Marsh/Dawkins m/s to continue this action to the next possible meeting and ask the applicant to address issues of grade in relation to Helman Street and the issue of fac;ade at Building 2, and the addition of landscaping alongside the building. Also, that they address the issues of bulk and scale that may be created by pushing back the fac;ade at Building 2. The intent is that they maintain the same scale as it now appears on Helman Street. Some of the members have strong feelings that the fac;ade needs to be pushed back three feet and do not feel as strongly about pushing it back. Dimitre thought the Commission should be very specific in what they want. Do they want the three feet or not? He would like to be able to give the applicants clear direction. Bya show of hands, Dimitre, Stromberg, and Dawkins wanted to see the building moved back three feet. Marsh would like to hear them respond to the issue. Roll Call: Marsh, Dawkins, Morris, Dimitre, Mindlin, Stromberg voted "yes" and Black voted "no." Dawkins re-opened the public hearing. He announced the hearing will be continued to the November 14,2006 Planning Commission meeting at 7:00 p.m. in the Council Chambers. TYPE III PLANNING ACTION PLANNING ACTION 2006-01696 PROPOSED LAND USE ORDINANCE AMENDMENTS TO THE MULTI-FAMILY ZONING DESIGNATIONS (R-2 AND R-3 ZONES SECTIONS 18.24.030J AND 18.28.030J). THE PROPOSED AMENDMENTS MODIFY THE CRITERIA OF APPROVAL FOR THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVERSION OF EXISTING RENTAL UNITS INTO FOR-PURCHASE UNITS (CONDOMINIUM CONVERSIONS). THE PROPOSED CHANGES WOULD ESTABLISH A REQUIREMENT THAT HALF OF THE UNITS IN AN EXISTING APARTMENT COMPLEX ARE TO BE RETAINED AS RENTALS UPON CONVERSION. IN THE EVENT THE APPLICANT CHOOSES TO CONVERT ALL OF THE APARTMENTS INTO FOR PURCHASE HOUSING, THE PROPOSED ORDINANCE WOULD MAINTAIN THE CURRENT REQUIREMENT THAT 25% OF THE TOTAL NUMBER OF UNITS BE DESIGNATED AS AFFORDABLE HOUSING. A SEPARATE PROPOSED RESOLUTION WILL ALSO BE PRESENTED FOR REVIEW THAT WOULD ESTABLISH TENANT RIGHTS FOR RESIDENTS FACING DISPLACEMENT DUE TO CONDOMINIUM CONVERSIONS. FOLLOWING THE PUBLIC HEARING THE PLANNING COMMISSION WILL FORWARD ITS RECOMMENDATIONS TO THE CITY COUNCIL FOR CONSIDERATION WITHIN 45 DAYS OF THE HEARING. THE PROPOSED ORDINANCE AMENDMENT AND TENANT RIGHTS RESOLUTION IS AVAILABLE ON THE CITY WEBSITE AT www.ashland.or.us OR CAN BE OBTAINED AT THE ASHLAND PLANNING DEPARTMENT AT 51 WINBURN WAY. APPLICANT: CITY OF ASHLAND STAFF REPORT Goldman summarized the proposed ordinance amendment and resolution pertaining to tenant's rights as outlined in the Staff Report. Black/Dimitre m/s to continue the meeting to 11:00 p.rn. The motion was approved. Staff has suggested a change from what was presented in the packet. Under Conditional Uses ((2) at the bottom of page 3 of the Staff Report) for the conversion of rental units and for purchased housing (18.24.030), strike "four or more" in order to insure that when rental units are converted, at least 25 percent are affordable. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 10, 2006 4 H' I Tenant's rights would be enforced by the Planning Department. Goldman added that the City does not currently have a way to collect vacancy rate data. PUBLIC HEARING RICH ROHDE, 124 Ohio Street, is representing Oregon Action, a statewide social justice organization. A recent statistic stated 30 percent of the people in Jackson County are paying over 35 percent of their income for housing. Medford was only more affordable than San Francisco and San Diego in comparing incomes to housing costs. This conversion ordinance is an important ordinance because it focuses on the preservation of rentals and preservation of affordable housing. Oregon Action believes this is a balanced approach. They also support the Tenant's Rights Resolution. MARK DIRIENZO, 320 East Main Street, said it is difficult and confusing to understand and apply the term "affordable housing." The lowest cost housing on the market in Ashland is converted condominiums. He does not see it as much a rental cost problem as a housing cost problem. We will be doing fewer conversions by adopting a more restrictive ordinance. That means there will be fewer housing units available for sale at a low cost. Ashland is on the tail end of conversions. COMMISSIONERS' DISCUSSION AND MOTION Richard Appicello, Assistant City Attorney, reviewed the ordinance and resolution and does not see a problem with the wording. However, it is not immune to challenge. This action will be continued at the Planning Commission Study Session on Tuesday, October 24, 2006 at 7:00 p.m. OTHER - Dawkins stated he would like to have 30 minutes at the Study Session where the Commissioners can just talk about setting aside a time at each Study Session to talk about specific issues. He will e-mail the other Commissioners his ideas on this. Marsh asked if Dawkins could explain the Staff expectation. ADJOURNMENT - The meeting was adjourned at 11: 1 0 p.m. Respectfully submitted by, Susan Yates, Executive Secretary ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 10, 2006 5 Tr I CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES OCTOBER 24, 2006 CALL TO ORDER - Chair John Fields called the meeting to order at 7:05 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: John Fields, Chair Michael Dawkins Olena Black Tom Dimitre John Stromberg Pam Marsh Dave Dotterrer Melanie Mindlin Mike Morris Absent Members: No absent members Council Liaison: Kate Jackson (Council Liaison, does not attend Planning Commission meetings in order to avoid conflict of interest.) Staff Present: Bill Molnar, Interim Planning Director Brandon Goldman, Housing Specialist Sue Yates, Executive Secretary APPROVAL OF FINDINGS PA2006-01091, 203 North Mountain Avenue Report of Ex Parte Contact by Commissioners - There were no ex parte contacts made. Marsh/Morris m/s to approve the Findings. Voice Vote: Approved. TYPE III PLANNING ACTION (continued from October 10,2006 Regular Planning Commission Meeting) PLANNING ACTION #2006-01696 Proposed Land Use Ordinance amendments to the multi-family zoning designations (R-2 and R-3 zones sections 18.24.03OJ and 18.28.030J). The proposed amendments modify the criteria of approval for the issuance of a Conditional Use Permit for conversion of existing rental units into for-purchase units (Condominium Conversions). The proposed changes would establish a requirement that half of the units in an existing apartment complex are to be retained as rentals upon conversion. In the event the applicant chooses to convert all of the apartments into for purchase housing, the proposed ordinance would maintain the current requirement that 25% of the total number of units be designated as affordable housing. A separate proposed resolution will also be presented for review that would establish Tenant Rights for residents facing displacement due to condominium conversions. APPLICANT: City of Ashland STAFF REPORT Goldman reiterated points outlined in the October 10, 2006 Staff Report. Through condominium conversions there are opportunities for ownership at the lowest end of the housing market. However, there is a cost to the City in terms ofloss of rental units. The aim of the proposed ordinance is to protect what remaining rental stock we have. There is no change in the percentage of affordable units required under this ordinance versus the existing ordinance. The proposed ordinance provides a process by simply doing a permitted use to convert the existing units into one-half ownership units and one-half rental units. This would be less onerous than the current requirement to apply for a Conditional Use Permit. It would still fulfill the need of maintaining rental housing while still providing an opportunity for property owners to convert their units and create some ownership opportunities. Or, an owner still has the option to convert the remaining rentals into condominiums as well, besides meeting the 25 percent affordability standard along with going through a Conditional Use Permit process as a Type II planning action. There is a new provision that if the resulting affordable units are to be sold, they are sold to people who earn 80 percent median income. Goldman said there is a Tenants Rights Resolution included in conjunction with the proposed ordinance change. The intent is to provide ample notice to those tenants of pending conversions to allow them to relocate. Goldman said this is a legislative action and read part of Goal 10 of the Statewide Planning Goals. Molnar read the section in the Land Use Ordinance Chapter concerning legislative amendments. With regard to the Comprehensive Plan, the Housing Commission has seen a change in circumstances in that the number of rental units that are being built have been few. Tr I Goldman said the Land Use subcommittee looked at a number of ordinances from other cities and how they were implemented. They were looking at language, not analyzing the impacts of the ordinances. There will be other components that the Housing Commission will look at to increase the amount of affordable housing such as looking at creation of more land zoned for higher density housing, increasing density in multi-family zones, etc. Dotterrer asked if there was a study that tells us how many rental units we require. Goldman said the Housing Needs Analysis showed there is a segment of our population that would never enter the ownership market at the incomes they have. In order to house those people, we have to have rental units. They determined that 35 percent of all units anticipated from 2001 to 2020 would have to be multi-family (apartments, not owner occupied rentals) or in other words, 485 additional units would be needed by 2020. Goldman said the Council authorized Staff to do a rental needs analysis. The City will be hiring a consultant to evaluate our rental needs and gather more data. He noted there has not been a dramatic increase in rental costs over the past several years. In the last five years, 55 units have been created (39 converted to condominiums) for a net increase of 16 units. PUBLIC HEARING BILL STREET, 180 Mead Street, is a Housing Commission member but he is speaking for himself and not the Commission. He addressed a recent editorial printed in the Daily Tidings, simplifying the condo conversion issue. The headline stated "Condo Ordinance a Knee-Jerk Mistake." It also said "The Ashland Planning Commission is hot-footing an ordinance through the proper channels." The notion of "hot-footing" is completely wrong. The ordinance is based on the City's Affordable Housing Action Plan (2002), the Housing Needs Analysis (2002), and statewide land use goals established in 1970 laying out the need for a wide range of housing. Since April, there have been eight public meetings (three televised) concerning this ordinance. He considers what has been done for the last eight months is far from "knee-jerk." Condo conversions are happening throughout the country. Many other cities' response has been far more radical than what has been proposed tonight. It is false that according to the Tidings "The ordinance will block apartment building owners from converting from condominiums that can be sold rather than rented." The definition of "affordable housing" is public knowledge. Mindlin had questions about how Measure 3 7 would impact this ordinance. Goldman said that the Housing Commission, in evaluating the Park Street application, saw that through the conversion process and requiring 25 percent be affordable under the existing ordinance, that those households would be seeing a potential $100 increase in rent. When asked why rents are so low, Goldman said it's because landlords are getting what people can afford to pay. Molnar noted where no new one and two bedroom complexes have been built so the existing units are older. The question becomes: How do we create incentives to build more apartments? Dawkins said the whole discussion misses the point of what is happening. The City is gentrifying. He wants to protect some of the funky apartments - a room that doesn't cost much - as part of the realistic workforce that comes and goes. We are losing the soul of this town. In Aspen, when 400 units of an apartment complex sold and became condominiums that was the death of Aspen. Those were the funky units that people moved into. That type of thing is never replaced. COMMISSIONERS' RECOMMENDATION Dimitre agreed we need to do something and this is a small start. DimitrelMarsh m/s that the Commission recommends moving this ordinance to the Council for their review and approval. Marsh said the bottom line is that rentals in this market are a finite resource. There are dual economies in Ashland. There is the California economy that is fueling the ownership market and the value of land. The actual southern Oregon economy is what fuels the rental market. Our challenge is to preserve the rentals. The ordinance will have a minimal affect but it will protect us from the wholesale sellout of rental units to condominiums. Voice Vote: The motion carried with Dotterrer casting the only "no" vote. PUBLIC FORUM (continued from October 10,2006 Regular Planning Commission Meeting) BRYAN HOLLEY - Holley spoke as a Tree Commissioner to various planning action approvals by the Planning Commission that are currently active. He is concerned about how the Conditions of approval are carried out and enforced, specifically tree protection/removal. He believes there is a breakdown of communication in City departments. He would like to see the ASHLAND PLANNING COMMISSION STUDY SESSION OCTOBER 24, 2006 MINUTES 2 n' I Planning Commission more pro-active in asking for relief from the State for 120 day rule. The 120 day rule puts an artificial level of urgency on the process. The needed level of detail can't happen when the clock is ticking. Molnar said he believes the bigger issue is the role of the Tree Commission and how they communicate their concerns to the Planning Commission. Weare still in a learning curve with some of the items in our Tree Protection Ordinance. When it comes to tree protection fencing, there can appear to be a violation, but there really isn't. On the ground, some of the sites are tight and they are trying to balance what is allowed under the ordinances to uses that are permitted and allowed. There is always room for improvement. It is important for Staff to read aloud at the Planning Commission meetings the recommendations of the Tree Commission. Mindlin encouraged Holley and Tree Commissioners to come up with more detailed and restrictive conditions to propose the Planning Commission to help them out. ECONOMIC OPPORTUNITIES ANALYSIS CEOA) STUDY UPDATE The City of Ashland was awarded a grant from the Dept. of Land Conservation and Development (DLCD) and has hired Bob Parker, ECONorthwest to do an Economic Opportunities Analysis (EO A). They are currently conducting interviews with business owners and others who hold key positions in town. This falls under our Goal 9, State Economic Development Goal. In 2005, a Governor's Task Force re-evaluated how cities should comply with the Economic Goal. Cities are required to have a certain plan for economic opportunities over 20 years and a land base. The amended requirement will go into affect in January of2007. The Planning Commission will have some involvement with this over the next five months. Ashland is looking at a 20 to 50 year supply based on the physical form of the city to look at our vision for economic development. Weare looking for some conclusions based on division for economic development in the community. There are the "foot loose" businesses that can locate anywhere. Additionally, what are the likely target industries we would like to attract, do we have an adequate land supply, is the land located appropriately and do our ordinances encourage those target industries? This could end up being an amendment to the Comp Plan - Economic Element. Stromberg asked where these values are coming from. Molnar said we are looking to the community to take a look at the Economic Element and the goals and policies to see if they reflect where we want to go or do we want to add some additional policies into that. It is not intended to be a complete re-write or our Economic Element because ofthe timeline. OTHER Dimitre asked if we could have some time at the next Study Session to talk about a Housing Authority. What is it, the possibility of having one, how might it solve some affordable housing problems, etc.? ADJOURNMENT - The meeting was adjourned at 9:15 p.m. Respectfully submitted by, Susan Yates, Executive Secretary ASHLAND PLANNING COMMISSION STUDY SESSION OCTOBER 24, 2006 MINUTES 3 ( Council Communication CITY OF ASHLAND Discussion of City Charter Meeting Date: Department: Contributing De Approval: Estimat December 5, 2006 Ad m i n istration ents: Legal Primary Staff Contact: ann@ashland.or.us Secondary Staff Contact: Mike Franell franellm@ashland.or.us Ann Seltzer ~ inutes Statemen : The City hosted an open house on November 2, 2006 and solicited input on five specific topics: water language in the charter, ethics statement in the charter, city recorder/treasurer, method of elections and form of government. Comments from attendees (approximately 30 people) were recorded (see attached). Styt Recommendation: Detetmine if changes should be made to the draft charter based on comments received at the open house and direct staff to prepare ballot measure language for Council review in January. Background: A review of the city charter was a 2004-2005 council goal. A charter review committee was appointed during the summer of2004 and presented its final report to the Council on July 19,2005. At the council meeting on December 1, 2005 the Council agreed to move forward with a revised city charter based on the Oregon Model Charter and to incorporate recommendations of the charter review committee with the exception of the recommendations #1, #2 and #4. Council agreed that recommendation #1, shifting from a city administrator to a city manager working in partnership with the Mayor, would be drafted and presented to voters as a separate ballot measure. In addition, Council expressed interest in the committee's recommendation to study the issues of the city recorder and municipal judge as well as councilor salaries. The City Council held a special meeting on February 16,2006 and a study session July 13,2006 to discuss the charter. At the October 3,2006 council meeting, the council adopted a schedule for placing the two charter measures on the May 2007 ballot and to release the draft for public comment. Council Options: · Identify changes to the draft charter based on public input from the November 2 open house and/or direct staff to revise the draft and prepare city charter ballot measure language for Council review in January. · Direct staff to prepare city charter ballot measure language, based on current draft, for Council review in January 2007. Attachments: . Comments recorded at the Open House on November 2, 2006 · Draft water language · Draft City Charter and draft City Manager amendment · Timeline · Charter Review Committee final report without appendices. The final report with appendices is more than 200 pages and was previously distributed to all councilors and is posted on the city's website. 1 City Charter Open House November 2,2006 Approximately 30 people attended the Open House. Recorded Comments: Water Comments: · More "iron clad" than original to protect corporate "takeover" of our water. Don't include "commodity in language". Maybe need to form a sub panel to look at it more closely. Shouldn't be existing Charter Review Committee members. Need people who know about water including specialist in water law. · Need to control the water. Language needs to guarantee control and quality of water. · Charter language should not prohibit/limit us from leaving water in stream to benefit fish habitat. . No privatization in anyway. · Option #3 not good. Allows transfer outside city. · Need to state that "finished water cannot be resold. Can list any exceptions that may cause concern e.g. restaurants · Language/resale isn't accurate. Need to make sure doesn't conflict with water language in state law. . Cannot sell finished water as drinking water as commodity. Ethics . Ethics don't belong in Charter · We need more than to rely on the state ethics provisions. · Ifwe have anything relating to ethics in the Charter, it needs to be general statements of principal. City Recorder/Treasurer . Recorder should be appointed · Treasurer duties should be separated from Recorder and combined with Finance Director I · Should municipal judge preside over jury trails? Method of Elections · 4 x Put top three vote getters on charter ballot . 2 x Put IRV on ballot · Don't put top 3 on ballot per history (1970) encourage diversity/variety potential for richer community leadership . Do away with position system. . Do not put IRV on ballot Phone call received on 11/0306: supports at large elections top three vote getters (candidates with name recognition and money will always have an advantage in elections regardless of positions/wards/at large etc.) General Comments · If city moves to council/manager form, how to ensure continued strong political leadership? · Want to see a more clear demarcation between policy-making and professional management so I prefer council/manager form. · Ifpresent proposed charter amendment passes (#15-65) it should be in the proposed charter (perhaps Ch.11, SEC 40 or in misc, Ch 12) · "Ashland will have a comprehensive plan" should be in the charter . Keep charter clear and simple.. .put details in ordinance · Disagree with above, feeling details shouldn't come and go so easily (as in ordinance) Form of Government · I support have a strong mayor - setting him/her apart but support a strong professional manager for running the city administratively · What are the qualifications of elected mayor in terms of running a city? What are the qualifications of city counselors? 2 · Support for a council/manager so that councilors can't "go around" the city administrator and dictate city business e.g. fire department heads · Many, many comments supporting council/manager form of government - so to separate political body for adminlbusiness entity - so city can be run professionally without being micromanaged by council . If it ain't broke don't fix it · The mayor should be fully compensated. Email comments From Marie Pugh 11/07/06 Ann, I note that you wanted input from any citizen of Ashland, relative to the City Charter proposals: I strongly agree with the strong City Manager form of Government. Not an administrator with no force behind him or her, other than bowing to the will of the elected Council. He should be appointed by the Council, then set loose to manage. His big decisions of course will always, be evaluated by the Council, but his everyday management of personnel & duties end in his office. I would like to see some of the politics of Ashland left out of the everyday management. I also would like to see Councilmen elected at large, so the best qualified, in the public's opinion will be elected. As it is now, we can not have that choice, only ifthere happens to be a vacancy in a "Position"., so this facet of the Charter should be submitted to the voters. Thanks for listening to the public. Marie Pugh 1 7 5 Crowson Road Ashland, OR 97520 mpughI75@mind.net From Hal Cloer 11/07/06 Ann: I didn't look at what Don had recorded concerning form of muni government, so perhaps my comments are redundant. There's all kinds of evidence that the council/manager form of city government leaves a political leadership gap--even the ICCMA leadership says so, and the draft 3 charter makes no attempt to deal with that. (Beyond the functional, operational issues, diminished mayoral power will be a focus of opposition to acceptance of the proposed charter). Our discussions in the charter review committee reflected the consensus of the experts that what's needed is a strong mayor, strong council, and strong professional manager--and to support a strong mayor it is important to promote a team approach by the mayor and manager on certain political leadership issues. For that reason it is important, on page 2, Section 8 (f), of the Draft New City Charter, to retain all the duties and responsibilities except #1. Duty #3 would be shared with the manager's duty #8, and duty #4 would be shared with manager's duty #9 (City Manager draft, p. 2, Sec. 35d). An additional duty should be added to Sec. 8 (f) (to team with the manager's duty #6, Prepare and administer the annual city budget); Sec. 8 (f) 5: "Receive from the manager a proposed budget to be presented with comments to the budget committee and the council." Those additions would help make clear the expectation that the mayor and the manager would work as a team on certain issues calling for political leadership. I have two other comments to make, and I'll do that later. Regards, Hal. From Hal Cloer 11/08/06 Ann: As with the LOC Model, it's probably wise to detail election forms in ordinances, rather than embed them in the charter. Means for attaining goals of elections change as cities change; the National Civic League Model discussed 10 different versions found desirable under certain circumstances. As to the content of such an ordinance, two comments are relevant: Ex-Ashland Finance Director Bob Nelson claimed, in a letter to the Charter Review Committee, that with the possible exception of Portland, Ashland's Municipal Corporation is the most complex in Oregon--with the implied complexity of balancing the trade-offs, costs, and consequences among the various things Ashland citizens have asked the city to do over the years. Then, in an interview with Mayor Alan DeBoer, Tim Bewley said "my God, Alan, you're beginning to sound like a liberal," and Alan said, "the view from the inside is very different from the view from the outside." The average tenure for councilors is about two terms. Depending on prior apprenticeship experience on city bodies, it probably takes one term to fully master the councilor role. A national study found "councilor turnover" to be one of the major problems with council effectiveness. 4 These factors are among the reasons that the 1968-70 Charter Revision Committee recommended, after 44 years of experience with the "top 3" election system, that the city move to head-to-head election races. The "top 3" system is more open to gaming the system, and tends to produce greater council turnover than does the head-to- head system. There is more of a likelihood that debates between contestants would focus on the councilor role in head-to-head contests, with incumbents defending their roles, than when the incumbents and everyone else are running against the entire pool of candidates (popular though that may be with the electorate). Democracy is messy and difficult to control, but it's important to try to achieve the main goals of an election system: informed voting, valid community representation, and effective council operation. I'll attach my minority report regarding the CRC recommendation. Minority Opinion regarding the recommendation "The current position system for selecting council members should be eliminated in favor of citywide, at-large elections in which the top three vote getters win the council seats at issue." Among goals of a council election procedure are (1) informed voting, (2) valid community representation, and (3) effective council operation. Election procedures for attaining those goals change as the population of a city grows and becomes more diverse. The above recommendation is to return to a procedure that served Ashland well in an earlier time (1928 to 1972), when a higher proportion ofresidents were somewhat acquainted. Informed voting had become more dependent on media coverage. The 1968- 70 Charter Revision Committee recommended changing to head to head council contests in a numbered position system. Ashland voters approved the recommendation in 1972. Our committee member who wrote the "White Papers" and the "Topic Discussion Paper" on city council elections has called for continued investigation by the Council of various election procedures. The National Civic League's Model Charter discusses ten possible variations of election procedures. The League of Oregon Cities Model Charter recommends a charter provision calling for deviations from state and federal law to be in the form of ordinances, to provide the flexibility needed as conditions change. I would suggest that the council consider adopting the LOC Model's recommendation. At the 5/12/05 committee's 5 to 4 vote to make the above recommendation, proponents commented on the absence of rationales for the existing "numbered position" system. Ann Seltzer provided the committee with an Oregonian news account of the city of Sherwood's proposal to change the charter from the "top three" system to a numbered position system. On 5/18/05, the city recorder, Barbara Christensen, forwarded Sherwood's city recorder's report regarding the reasoning for the recommended change-- and also mentioned that Ashland had made the same change in 70's, and invited committee members to review information on the change. The 2/15/72 Ashland council's decision to recommend changing from he "top 3" system to a numbered position system was virtually unanimous, 5-1 (with the dissenter 5 saying he was voting against all 4 recommendations because he still felt the 1970 voter- approved charter was invalid). The 4/26/72 Tidings carried the LWV A's explanation of the measure: "Arguments for: 1. Under this provision a candidate would run against the record or program of a particular incumbent whose seat number he seeks--whereas, under the at large system there is no way to run directly against anyone. 2. Under the present at large system each candidate is in effect running against all others, even though he may in fact support some of them. 3. Voters can make clearer choices among candidates when they are adversaries for specified numbered positions." Arguments against: A voter might prefer two candidates among those running, and if both have filed for the same numbered position he can vote only for one. Under the present system the voter can vote for his top three preferences for the three open positions". At the 5/23/72 election, the change was approved by voters, 2,351 to 1,589. There are tradeoffs in a decision to move from a "top 3" to a numbered position system (or visa versa) for electing city councilors--generally between simplicity of indicating one's top three preferences, plus avoidance of elimination of desirable candidates in head to head contests vs. attainment of the three goals of the system: informed voting, valid community representation, and effective council operation. I would contend that city councilors were better positioned for evaluating those tradeoffs than were our committee members. We didn't know that city councilors had experienced our recommended system and had discarded it, and we didn't have access to their rationales for doing so. The councilors' preference for head-to-head contests seems largely to be a judgment that such contests produced campaigning and results more closely tied to counselor roles, rather than from purchased or irrelevant name recognition. In Sherwood, a non-performing councilor was constantly reelected, apparently from having greater name- recognition than others in the pool. They felt that operation of the council had been crippled when orchestrated block voting wiped out three incumbents. Further, Sherwood councilors claimed that large pool campaigning produced unclear messages for voters. In the 2/1 0/72 Ashland council vote to move from "top 3" to numbered positions, councilor McCannon said "Elections now are more or less a popularity contest." Councilman Roberts agreed, noting that he had favored such a provision when it was proposed two years ago in the draft of a new charter. Other councilors said that in the "top 3" system, council candidates are not running against anyone, so voters were faced with no clear choices. Another councilor felt that having incumbent councilors running against each other, with no rationale for that, was not productive. The editor of the Tidings wrote on 2/1 0/72: "The proposed position system would eliminate the kind of conspiracy in which a group of people trying to boost one specific candidate votes only for that candidate and doesn't vote for other council jobs that are open. The current system allows the situation in which, if the majority of voters happens 6 to have the same third choice for councilman, that candidate will get the highest number of votes. That distorts the mandate under which the council operates once it is constituted. The proposed system would likely lead to some lively campaigning, which undoubtedly would let voters know more about candidates...the proposed system would be a great help in letting voters pick those candidates who are most responsive to their needs and wishes." In a 5/22/72 editorial, adding to those arguments, the editor claimed, "The system would focus more attention on issues in council elections, as incumbents seeking reelection, for example, would have to defend their record against challengers." I feel that insufficient information on the tradeoffs between the voting systems was available for our committee's decision-making on this issue, with rationales being more speculative than evidence- based. (For example, the claim that "it ( the numbered position system) can allow unchallenged incumbents to avoid scrutiny" is directly opposed by Sherwood's claim that the constant reelection of a non-performing councilor in the candidate pool situation might have been stopped through direct contesting for his office). More importantly, I believe that sitting councilors are generally more attentive to and more knowledgeable about election systems and their trade offs than are our committee members, and that councilor judgments should weigh heavily in decisions. I believe that there is need for flexibility in attaining the goals of an election system as conditions change, and therefor no particular system should be embedded in the charter. Further, I feel that an ordinance authorizing a system different from that currently existing in Ashland should give adequate weight to the experience and judgment of sitting councilors. Submitted by Hal Cloer, 815 Creek Stone Way, Ashland. 482-8364. From Hal Cloer 11/11/06 Ann: Here's more input. Hal. I agree with John Morrison that the council should not put anything before the voters that it won't support. If the council is to put charter revision measures on the May ballot, there must be an advocacy campaign. The NCL Guide for Charter Commissions claims that "50% of the task is preparing the charter proposal; the other 50% is getting it accepted." There will be important opposition efforts and without an effective advocacy campaign, all the hours of study and deliberation by the CRC, all of Sponsler's work, and that of the council and staff are likely to be wasted. It's obvious from attendance at the Open House that charter revision is not high on the priorities of Ashland voters. It will take an interesting and effective campaign to communicate to the voters why it's important to move from the status quo regarding Ashland's city charter. In spite of claims that can be made, that will not be an easy sell ("If it ain't broke, don't fix it; if uncertain, vote no."). I would suggest that, starting in March, there be a short (90-day) campaign, with emphasis on the last 3 weeks. To be effective, the campaign must be of higher impact than usual city communication efforts. While there should be the usual "Report to the 7 Voters," establishing the validity of the review process, telling what principles the CRC followed, and explaining the merits and main features of the proposed charter, the campaign itself should be higher impact-- for example, started by a kickoff news conference with good visuals (big crowd, signs, refreshments, entertainment, etc., things government doesn't do well.), To put together an effective election campaign between now and March, there is much that should be done. A campaign committee should be established so that contributions and expenditures can be made. (It will be important that the name of the campaign committee convey the main message of the campaign, it's slogan, since that appears on all material the campaign produces.). The fundraising director should not only have high status in the community, he/she should also be someone who can approach potential contributors on a person-to-person basis for contributions (80-90% of contributions can be obtained on such a basis). The treasurer must be a trusted citizen. An effective campaign manager (skilled, energetic, with good political instincts, able make "best gut calls" compatible and trusted by campaign workers) should be selected, along with a steering committee consisting of the fundraising director, potential canvassing director, potential display advertising director, and potential letters to the editor director. A website should be establish for communication and recruitment-- with the campaign theme/slogan, simple arguments for support, and tasks for volunteers' selection. A time line of goals, including the 90-day campaign, should be developed, along with a budget (for newspaper ads, brochures and flyers, graphics, direct mail, etc.). A "Committee to Support" should be recruited among highly regarded members of the community--aiming ultimately at endorsements from opinion leaders of important organizations, editorial boards, and individuals that can be used in mass-support ads. A speaker's bureau must be trained for public presentations. All of this before March! 8 December 5,2006 DRAFT Water Language for City Charter As Currently Drafted: Section 43. Protection of City Water. Any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. NOTE: As discussed by Council in July 2006, this language should prevent us from privatizing the system, selling our source water, or transferring a water right. It should NOT prevent us from selling finished water, which then any retail business could reuse (or resell) as part of its business (e.g. the Co-op could sell its filter service...A spa can sell hot water baths, etc.) Suggested Water Language for City Charter: The City of Ashland shall own and operate the public water system and shall never transfer, though any means, the water system, any source water, or any water right. This shall not be construed to prevent the City from transferring a water right appurtenant to real property when the City is conveying, selling, transferring, trading or otherwise disposing of the property to which the water right is appurtenant. The City shall not transfer or sell water to any person or business for the purpose of repackaging the water for resale as water. Proposed Timeline for May 2007 General Election Charter Review/Update October 17 Council reviews draft charter. November 2 Council holds public hearing or public forum. December 5 Council reviews draft based on public input. January 16 Council reviews final draft of proposed measures. February 6 Council approves final draft of proposed measures. March 15 All materials due to Jackson County: Ballot Titles, Statement etc. May 15 General Election DRAFT NEW CITY CHARTER October 12, 2006 CITY OF ASHLAND CITY CHARTER PREAMBLE We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter. Chapter I NAMES AND BOUNDARIES Section 1. Title. This charter may be referred to as the 2006 Ashland City Charter. Section 2. Name. The City of Ashland, Oregon, continues as a municipal corporation with the name City of Ashland. Section 3. Boundaries. The city includes all territory within its boundaries as they now exist or are legally modified. The city will maintain as a public record an accurate and current description of the boundaries. Chapter II POWERS Section 4. Powers. The city has all powers that the constitutions, statutes and common law of the United States and Oregon expressly or impliedly grant or allow the city, as fully as though this charter specifically enumerated each of those powers. Section 5. Construction. The charter will be liberally construed so that the city may exercise fully all powers possible under this charter and under United States and Oregon law. Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters. This charter vests all other city powers in the council except as the charter otherwise provides. The council has legislative, administrative and quasi-judicial authority. The council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-judicial authority by order. The council may not delegate its authority to adopt ordinances. (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\CounciI\10 1706 final Draft New City Charter for council.docD Page - 1 Chapter III COUNCIL Section 7. Council. The council consists of six councilors nominated and elected from the city at large by position. Section 8. Mayor. (a) The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. (b) The mayor has no vote on council matters unless there is a tie vote. The mayor has veto authority over council legislative and administrative decisions. (c) With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. (d) The mayor must sign all records of council decisions. ( e) The mayor serves as the political head and chief executive officer of the city government. (/) The mayor must: (1) Appoint, supervise and remove city department heads with the consent of the councilors; (2) Deliver an annual state of the city report to the council and public; (3) Encourage and support regional and intergovernmental cooperation; (4) Promote cooperation among the council, staff and citizens; and (5) Perform other duties as assigned by the council. Section 9. Council President. At its first meeting each year, the council must elect a president from its membership. The president presides in the absence of the mayor and acts as mayor when the mayor is unable to perform duties. Section 10. Rules. The council must adopt by ordinance or resolution rules to govern its meetings. Section 11. Meetings. The council must meet at least once a month at a time and place designated by its rules, and may meet at other times in accordance with the rules. Section 12. Quorum. The mayor and three councilors or four councilors is a quorum to conduct business, but a smaller number may meet and compel attendance of absent members as prescribed by council rules. Section 13. Vote Required. The express approval of a majority of a quorum of the council is necessary for any council decision, except when this charter requires approval by greater number. A majority shall in all cases consist of a minimum of three votes. (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER o FILENAME \p H:\Recent\Admin\Council\10 1706 final Draft New City Charter for council.docD Page - 2 Section 14. Record. A record of council meetings must be kept in a manner prescribed by the council rules. Chapter IV LEGISLATIVE AUTHORITY Section 15. Ordinances. The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state "The City of Ashland ordains as follows:" Section 16. Ordinance Adoption. (a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of a quorum at two meetings. (b) The council may adopt an ordinance at a single meeting by the unanimous approval of the councilors present, provided the proposed ordinance is available in writing to the public at least one week before the meeting. (c) Any substantive amendment to a proposed ordinance must be read aloud in the Council meeting or made available in writing to the public before the council adopts the ordinance at that meeting. (d) After the adoption of an ordinance, the vote of each member must be entered into the council minutes. ( e) After adoption of an ordinance, the recorder of records must endorse it with the date of adoption and the recorder's name and title. The recorder must submit the ordinance to the mayor for approval. If the mayor approves the ordinance, the mayor must sign and date it. (f) If the mayor vetoes the ordinance, the mayor must return it to the recorder with written reasons for his veto within five business days of passage of the ordinance. If the ordinance is not so returned, it takes effect as if approved. (g) At the first council meeting after veto by the mayor, the councilors will consider the reasons of the mayor and again vote on the ordinance. If four councilors vote to adopt the ordinance, it will take effect. Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after adoption and approval by the mayor, or adoption after veto by the mayor, or on a later day provided in the ordinance. An ordinance adopted may take effect as soon as adopted, or other date less than 30 days after adoption if it contains an emergency clause. Chapter V COUNCIL ADMINISTRATIVE AUTHORITY Section 18. Resolutions. The council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions must state "The City of Ashland resolves as follows:" (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\Council\10 1706 final Draft New City Charter for council.docD Page - 3 Section 19. Resolution Approval. (a) Adoption of a resolution or any other council administrative decision reqUIres approval by the council at one meeting. (b) Any substantive amendment to a resolution must be read aloud in the Council meeting or made available in writing to the public before the council adopts the resolution at that meeting. (c) After approval of a resolution or other administrative decision, the vote of each member must be entered into the council minutes. (d) After approval of a resolution, the recorder must endorse it with the date of approval and the recorder's name and title. The recorder must submit the resolution to the mayor for approval. If the mayor approves the resolution, the mayor must sign and date it. (e) If the mayor vetoes the resolution, the mayor must return it to the recorder with written reasons for the veto within five business days of passage of the resolution. If the resolution is not returned, it takes effect as if approved. (I) At the first council meeting after veto by the mayor, the councilors will consider the reasons of the mayor and again vote on the resolution. If four councilors vote to adopt the resolution, it will take effect. Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions take effect on the date signed by the mayor, or on a later day provided in the resolution. Chapter VI QUASI-JUDICIAL AUTHORITY Section 21. Orders. The council will normally exercise its quasi-judicial authority by approving orders. The approving clause for orders may state "The City of Ashland orders as follows:" Section 22. Order Approval. (a) Approval of an order or any other council quasi-judicial decision requires approval by the council at one meeting. (b) Any substantive amendment to an order must be read aloud or made available in writing to the public at the meeting before the council adopts the order. (c) After approval of an order or other council quasi-judicial decision, the vote of each member must be entered in the council minutes. (d) After approval of an order, the recorder must endorse it with the date of approval and the recorder's name and title. Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on the date of final approval, or on a later day provided in the order or by ordinance. (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\Council\10 1706 final Draft New City Charter for council.docD Page - 4 Chapter VII ELECTIONS Section 24. Councilors. At each general election after the adoption of this charter, three councilors will be elected for four-year terms by position. The terms of councilors in office when this charter is adopted are the terms for which they were elected. Section 25. Mavor. At the general election held November 2008, and every other general election thereafter, a mayor will be elected for a four-year term. The term of the mayor in office when this charter is adopted is the term for which the mayor was elected. Section 26. State Law. City elections must conform to state law except as this charter or ordinances provide otherwise. All elections for city offices must be nonpartisan. Section 27. Qualifications. (a) To hold a city elective position, each person must be a qualified elector under state law, and reside within the city before election or appointment to office. The Municipal Judge shall not be required to be a resident of the City of Ashland. (b) No person may be a candidate at a single election for more than one city office. (c) Neither the mayor nor a councilor may be employed by the city. (d) The council is the final judge of the election and qualifications of its members. Section 28. Nominations. (a) An eligible elector may become a candidate for an elective city position by filing a nomination petition or a declaration of candidacy on a form prescribed by the secretary of state and available from the city recorder. (b) A declaration of candidacy must be accompanied by the filing fee, if any, established by council resolution. (c) A nomination petition must contain signatures of not fewer than 25 city-qualified electors. (d) The council may prescribe by ordinance other procedures for the nomination and election of persons for city elective positions. Section 29. Terms. The term of an officer elected at a general election begins when the officer is sworn in after the first of the next year immediately after the election, and continues until the successor qualifies and assumes the office. Section 30. Oath. To hold a city elective position each person must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and Oregon. Section 31. Vacancies: A city elective position becomes vacant: (a) Upon the incumbent's: (1) Death, (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER o FILENAME \p H:\Recent\Admin\Council\1 0 1706 final Draft New City Charter for council.docD Page - 5 (2) Adjudicated incompetence, or (3) Recall from the office. (b) Upon declaration by the council after the incumbent's: (1) Failure to qualify for the office within 10 days of the time the term of office is to begin, (2) Absence from the city for 30 days without council consent, or from all council meetings within a 60-day period without council consent, (3) Ceasing to reside in the city, (4) Ceasing to be a qualified elector under state law, (5) Disorderly conduct or refusal to perform duties of office. No incumbent may be expelled without notice, a hearing, and a decision by at least four councilors, or (6) Resignation from the office. Section 32. Filling Vacancies. A vacant city elective posItIon will be filled by appointment by a majority of the remaining councilors. 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. If a a councilor will be absent from office for more than 60 days with Council consent, the council may appoint a councilor pro tern. Chapter VIII OTHER ELECTIVE OFFICERS Section 33. City Recorder. (a) The office of city recorder is established as the council clerk, city custodian of records and city elections official. The recorder must attend all council meetings unless excused by the mayor or council. The recorder must make payments of all city funds appropriated by the council, and may audit city accounting records. (b) At the general election November 2010 and every other general election after that, a recorder will be elected for a four-year term. The term of the recorder in office when this charter is adopted is the term for which the recorder was elected. (c) When the recorder is temporarily disabled from acting as recorder or when the office becomes vacant, the council must appoint a recorder pro tem. The recorder pro tem has the authority and duties of recorder. Section 34. Municipal Court and Judge. (a) The office of municipal judge is established. The municipal judge will hold court in the city at such place as the council directs. The court will be known as the Municipal Court. The municipal judge must be admitted to practice in the Supreme Court of Oregon. (b) At the general election in November 2010 and every other general election after that, a municipal judge will be elected for a four-year term. The term of the (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\Council\10 17 06 final Draft New City Charter for council.docD Page - 6 I; I municipal judge in office when this charter is adopted is the term for which the judge was elected. (c) All proceedings of this court will conform to state laws governing justices of the peace and justice courts. (c) All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court. (d) The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinances. The court also has jurisdiction under state law unless limited by city ordinance. (e) The municipal judge may: (1) Render judgments and impose sanctions on persons and property; (2) Order the arrest of anyone accused of an offense against the city; (3) Commit to jailor admit to bail anyone accused of a city offense; (4) Issue and compel obedience to subpoenas; (5) Compel witnesses to appear and testify and jurors to serve for trials; (6) Penalize contempt of court; (7) Issue processes necessary to enforce judgments and orders of the court; (8) Issue search warrants; and (9) Perform other judicial and quasi-judicial functions assigned by ordinance. (f) Any defendant requesting jury trial may have a jury of six (6) members by demanding the same. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and shall have the qualifications of such jurors resident within the corporate limits of said City. (g) The council may appoint and may remove municipal judges pro tern. (h) The council may transfer some or all of the functions of the municipal court to an appropriate state court. Chapter IX APPOINTIVE OFFICERS Section 35. Citv Administrator. The office of city administrator is established as the chief administrative officer for the city government under the mayor. The mayor with the consent of the city councilors must appoint and may remove the city administrator. The duties of city administrator shall be established by ordinance. Section 36. City Attorney. The office of city attorney is established as the chief legal officer of the city government. The mayor with the consent of the city councilors must appoint and may remove the attorney. The attorney must appoint and supervise, and may remove any legal office employees. Chapter X PERSONNEL (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\CounciI\10 1706 final Draft New City Charter for council.docD Page - 7 Section 37. Compensation. The council must authorize the compensation of city officers and employees, the City Recorder and the Municipal Judge as part of its approval of the annual city budget. The council may authorize by ordinance compensation for the mayor and councilors. Any such ordinance may not take effect before January 1 of the year after a council election. Section 38. Merit Systems. The council by resolution will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees based on merit and fitness. Chapter XI PUBLIC IMPROVEMENTS Section 39 Procedure. The council may provide by ordinance for procedures governing the making, altering, vacating, or abandoning of a public improvement. A proposed public improvement may be suspended for six months upon remonstrance by owners of the real property to be specially assessed for the improvement. The number of owners necessary to suspend the action will be determined by ordinance. Section 40. Special Assessments. The procedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real property will be governed by ordinance. Chapter XII MISCELLANEOUS PROVISIONS Section 43. Protection of City Water. Any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. Section 44. Separate Fire and Police Departments. The City of Ashland shall maintain a fire department which is separate and distinct from the City police department. The employees of one department shall not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-86). Section 45. Hospital The council has authority to own, operate and conduct a municipal hospital. Section 46. Cemeteries The council has authority to f"mance the maintenance and upkeep of public and private cemeteries within the city. (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\Council\10 1706 final Draft New City Charter for council.docD Page _ 8 Section 47. Park & Recreation Commission (a) A park & recreation commission is created with five members nominated and elected from the city at large by position. At the first general election after the adoption of this charter and every four years thereafter, three commissioners will be elected for four-year terms by position. At the second general election after adoption of this charter and every four years thereafter, two commissioners will be elected for four-year terms by position. The terms of commissioners in office when this charter is adopted are the terms for which they were elected. (b) The park & recreation commission has authority over the management of all city lands dedicated for park purposes and all other lands acquired by the city for such purposes. The commission has control and management of all park funds budgeted by the City and must expend them judiciously for beautifying and improving City parks and for funding the City Band. The park & recreation commission will carry out its functions and duties in accordance with city ordinances. (c) The commission administers the city open space park program. The commission makes recommendations to the city council concerning land and easement acquisitions for the program. After such acquisition, the commission will administer, develop and operate such land. The city council may not use condemnation power to acquire fee simple ownership of any land for open space purposes. Funds dedicated to the open space program may only be used for open space purposes as determined jointly by the commission and the city council. Section 48. Airport The council has authority to acquire, own, conduct and operate a municipal airport either within or outside city boundaries. Section 49. City Band The City shall provide for the continued operation of a City Band. Section 50. Ethics The council shall by ordinance establish provisions relating to the standards for ethical conduct of the City's elected officials, appointed officials and employees. Section 51. Charter Review At least every 10 years beginning in 2015 the council will appoint a charter review committee of not less than nine members. The committee will review the city charter and any issues relating thereto. It will report to the council and the public its findings, conclusions and recommendations, including any proposed amendments to the city charter. Section 52. Debt. City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness. Section 53. Ordinance Continuation. All ordinances consistent with this charter in force when it takes effect remain in effect until amended or repealed. (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER D FILENAME \p H:\Recent\Admin\CounciI\10 1706 final Draft New City Charter for council.docD Page - 9 Section 54. Repeal. All charter provisions adopted before this charter takes effect are repealed. Section 55. Severability. The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter. Section 56. Time of Effect. This charter takes effect Julv 1.2007. (Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER o FILENAME \p H:\Recent\Admin\Council\10 1706 final Draft New City Charter for council.docD Page _ 10 DRAFT NEW CHARTER CITY MANAGER Thomas Sponsler February 9, 2006 CITY OF ASHLAND CITY CHARTER CITY MANAGER AMENDMENT The 2006 Ashland City Charter is amended by changing sections 8 and 31, and adding a new section 35 to read as follows: Section 8. Mayor. (a) The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. (b) The mayor has no vote on council matters unless there is a tie vote. The mayor has veto authority over council legislative and administrative decisions. (c) With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. (d) The mayor must sign all records of council decisions. (e) The mayor serves as the political head [and chief executive officer) of the city government [(j) The mayor must: (1) Appoint, supervise and remove city department heads with the consent of the councilors; (2) Deliver an annual state of the city report to the council and public; (3) Present a proposed annual city budget to the city budget committee and council; (4) Encourage and support regional and intergovernmental cooperation; (5) Promote cooperation among the council, staff and citizens; and (6) Perform other duties as assigned by the council.] Section 31. Vacancies: A city elective position becomes vacant: (a) Upon the incumbent's: (1) Death, (2) Adjudicated incompetence, or (3) Recall from the office. (b) Upon declaration by the council after the incumbent's: (1) Failure to qualify for the office within 10 days of the time the term of office is to begin, Based on 2004 LOC Model Charter Bold words are added to the Draft Ashland Charter [Bracketed and italics words are deletedfrom the Draft Ashland Charter) DRAFT NEW CHARTER CITY MANAGER Thomas Sponsler February 9, 2006 (2) Absence from the city for 30 days without council consent, or from all council meetings within a 60-day period, (3) Ceasing to reside in the city, (4) Ceasing to be a qualified elector under state law, (5) Disorderly conduct or inattention to duties of office. No incumbent may be expelled without notice, a hearing and a decision by at least four councilors, (6) Resignation from the office, or (7) Removal under Section 35(i). Section 35. City Manae:er. (a) The office of city manager is established as the chief administrative officer of the city government. The city manager is responsible to the mayor and council for the proper administration of all city business. The city manager will assist the mayor and council in the development of city policies, and carry out policies established by ordinances and resolutions. (b) A majority of the council must appoint and may remove the manager. The appointment must be made without regard to political considerations and solely based on education and experience with local government management. (c) The manager may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the council. The council must fill the office by appointment as soon as practicable after the vacancy occurs. (d) The manager must: (1) Attend all council meetings unless excused by the mayor or council; (2) Make reports and recommendations to the mayor and council about the needs of the city; (3) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits, and other city decisions; (4) Appoint, supervise and remove city employees; (5) Organize city departments and administrative structure; (6) Prepare and administer the annual city budget; (7) Administer city utilities and property; (8) Encourage and support regional and intergovernmental cooperation; (9) Promote cooperation among the council, staff and citizens in developing city policies, and building a sense of community; (10) Perform other duties as directed by the council; (11) Delegate duties, but remain responsible for acts of all subordinates. (f) The manager has no authority over the mayor or council or over the judicial functions of the municipal judge. Based on 2004 LOC Model Charter Bold words are added to the Draft Ashland Charter [Bracketed and italics words are deletedfrom the Draft Ashland Charter) 2 DRAFT NEW CHARTER CITY MANAGER Thomas Sponsler February 9, 2006 (g) The manager and other employees designated by the council may sit at council meetings but have no vote. The manager may take part in all council discussions. (h) When the manager is temporarily disabled from acting as manager or when the office becomes vacant, the council must appoint a manager pro tern. The manager pro tern has the authority and duties of manager, except that a pro tern manager may appoint or remove employees only with council approval. (i) Neither the mayor nor a councilor may attempt directly or indirectly coerce the manager or a candidate for the office of manager in the appointment or removal of any city employee, or in administrative decisions. Violation of this prohibition is grounds for removal from office by four councilors after a public hearing. In council meetings, the mayor and councilors may discuss or suggest any topic with the manager relating to city business. Based on 2004 LOC Model Charter Bold words are added to the Draft Ashland Charter [Bracketed and italics words are deletedfrom the Draft Ashland Charter] 3 ASHLAND CHARTER REVIEW COMMITTEE Final Report & Recommendations July 1, 2005 Introduction and Backe:round: The Ashland City council initiated a charter review process in May 2004 with the authorization of a 10-member ad hoc citizen Charter Review Committee. The newly constituted committee was directed to conduct an independent assessment of the existing charter (last reviewed in 1978) and, if necessary, to draft a new or amended document suitable to "serve the community well into the future." Appointed by Mayor Alan DeBoer, the committee began work in July 2004. Our ranks included co-chairs John Enders and Carole Wheeldon, and members Hal Cloer, Kate Culbertson, Laurie MacGraw, Pam Marsh, Don Montgomery, Keith Massie, and Michael Riedeman.1 The committee quickly realized that the task at hand would require more than a cursory review, and we agreed to undertake a systematic and comprehensive analysis of the charter. After a year of study, we are now forwarding our findings to the City council. In order to be enacted, charter revisions will need to be placed on the ballot by the council and approved by voters in a citywide election. Our work was ably staffed by Ann Seltzer, who fielded a tremendous number of requests from committee members and interested residents. City Attorney Mike Franell and Assistant Attorney Mike Reeder provided legal guidance, and Nancy Slocum and April Lucas provided us with minutes. In addition, the city engaged the services of Tom Sponsler, a consultant with expertise in charter reviews and revisions and the author of the Oregon Model Charter, who was contracted to assist the committee. This report summarizes our recommendations and work schedule over the past year. (See Appendix 1: Council Approved Documents Establishing the Charter Review Committee) Public Input Process From the beginning the committee understood that public involvement and testimony were critical to our mission, and we attempted to include the community beyond the requirements of the law. Throughout our deliberations the committee adhered to the Oregon Public Meetings laws, and, whenever possible, meetings were broadcast live on 1 Unfortunately, our tenth member, Roy Bashaw, resigned in December 2004. 1 RVTV (later available as streaming video on the city's website). We scheduled a public input session into each meeting agenda, and we planned a series of public forums and other outreach efforts to solicit comment. These efforts included: ./ Committee interviews with current and former elected and appointed officials. ./ Presentations to the Lions Club, Rotary, Chamber of Commerce, Green Party, and League of Women Voters. ./ Creation of an information brochure for distribution at public events ./ Articles in City Source. ./ Development of an employee survey designed to solicit input from city staff ./ Solicitation of extensive coverage in the Daily Tidings and, to a lesser extent, the Medford Mail Tribune. ./ Submission of letters to the editor and op-ed articles explaining the charter process. ./ Development of research documents (white papers and, later, topic papers) that investigated specific issues. ./ Utilization of the city of Ashland web site. All committee documents have been posted on the web in order to maximize public access and encourage input. ./ Use of a Charter listserv to disseminate information and discussion. ./ Appearances on RVTV. In addition to the regular broadcast of our meetings, committee members participated in two interview shows focused on charter reVIew. ./ Establishment of a public outreach subcommittee to plan and coordinate efforts. Public forums included: ./ A January 20th meeting at the SOU Rogue River Room attended by approximately 75 community members. This meeting was structured with small breakout groups in order to provide and overview of charter review and to gather initial public comment. ./ An April 7th meeting, also at SOU, focused on structure of government attended by approximately 30 people. Roundtable discussions invited residents to discuss the qualities/elements that enable government to provide good public service. ./ Issue forums. In addition, we scheduled a public input session on each specific issue prior to committee debate. Despite our best efforts, the committee was disappointed with the overall level of citizen participation. We realize, however, that the City council has an opportunity to generate significant public input during your review of our recommendations. A later section of this report ("Next Steps) suggests possible courses of action. (See Appendix II: Public Information Materials) 2 Structure of Recommendations Preliminary study and expert testimony enabled the committee to sort potential charter revisions into three areas of concern: 1) outdated charter language usurped by state law; 2) charter provisions that could be better legislated in the form of city ordinances; and, 3) structural and political provisions that seemed to warrant evaluation. Analyses produced by former city attorney Paul Nolte and by committee consultant Tom Sponsler highlighted significant sections of the charter containing outdated or extraneous language. After extensive discussion, the committee decided to adopt the Oregon Model Charter (developed by the League of Cities) as a template for the revised Ashland city charter. Our intent was to produce a document that clearly identifies the authority and accountability of local government and that reflects current state law. At the same time, the new streamlined charter would need to reflect the specific history and character that defines the Ashland community. Eliminating outdated language was easy; tackling sensitive political questions posed a much bigger challenge. As a result, the committee agreed to spend most of our time focused on a few key issues critical to the conduct of local government: ./ The mayor-manager/administrator relationship ./ Mayoral veto/ability to vote on council issues ./ Appointment of city commissions/committees ./ Election of city council by positions ./ Election of the city recorder ./ Election of the municipal judge ./ Election/powers of the Parks Commission and related issues re: the organization of the Parks Department ./ City Band Later in our discussions we identified two additional issues that seemed to warrant investigation: 1) council salaries; and, 2) periodic charter review. Kev Recommendations 1. The City of Ashland should be governed by a partnership between the elected mayor (the political leader), a city manager (the administrative leader), and the council (the legislative body). Elected officials are charged with responsibility for developing policy; the city manager should implement that policy. The manager's administrative powers should be expanded to include staff supervision (hiring, firing, and general accountability). Background: Article 4, Section 2 of the existing charter stipulates that the elected mayor is the "executive officer of the municipal corporation." Article 13 further delineates the mayor's powers, noting that s/he may "suspend and remove any appointive 3 officer at any time." In effect, the charter empowers the mayor to assume a range of administrative powers; in theory, the city administrator is responsible for implementing policy, but his/her managerial authority can be overshadowed by the mayor's broadly defined powers. Discussion: Proponents of the existing language argue: 1) that the mayor's position as an elected official should empower himlher to serve as a hands-on administrator; and, 2) that designation of a city manager could concentrate too much power in the hands of an appointed official. Conversely, critics of the current system believe: 1) that the size and complexity of city issues require professional management; and, 2) that policy is best created and implemented via a respectful partnership forged between elected and appointed officials. Outcome: Understanding and analyzing the appropriate roles and responsibilities that should be assumed by elected and appointive officials consumed months of the committee's efforts and generated significant interest from elected and appointed officials (current and retired) and from members of the public. In the end, the committee approved this recommendation via unanimous vote. In a subsequent motion (approved 7-1), the committee agreed that the council and mayor together should be responsible for hiring and firing the manager. Finally, the committee augmented the recommendation by unanimously voting to adopt language in the model charter that clarifies that the council should "determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees" that will guide personnel decisions. Specific duties delegated to the mayor and city manager are detailed in the appendix. (See Appendix III: Structure of Government) 2. The Ashland mayor should vote on all issues before the council; at the same time, the mayor's veto power should be eliminated. Background: Article 4, Section 3 of the existing charter stipulates that the mayor of the city is allowed to vote on issues before the council only in the case of a tie. At the same time, the mayor is required to approve or veto all measures within five days of passage. The council is allowed to overturn a mayor's veto via a two-thirds (4 of6) vote. Discussion: Proponents of the existing framework argue: 1) that the mayor's non-voting status better equips him/her to facilitate meetings and provide political leadership; 2) that the mayor's veto power is an appropriate tool used to force the council to re-evaluate hasty or ill-considered decisions. and, 3) that veto power conveys more political leverage than the ability to vote. 4 Conversely, critics state: 1) the mayor's non-voting status clouds the public's understanding of his /her position on the issues; 2) application of the veto produces contention instead of consensus; and, 3) that the mayor's ability to cast a vote is a stronger investment of political power than is contained in the occasional veto. Outcome: The recommendation was endorsed by the committee on a 6-3 vote. A subsequent motion that the veto be retained in addition to the mayor's new voting power failed, 7-2. If approved, the mayoral vote will eliminate an anomaly in the existing charter. Under current conditions, the council is allowed to meet if three members plus the mayor are present. In this circumstance, as few as two council members can constitute a majority. If the mayor becomes a voting member, at least three votes will be required to approve any measure. (See Appendix III: Structure of Government) 3. The mayor should continue to appoint members of city commissions and committees, subject to council approval. Background: Under current practice, the mayor is responsible for appointing members of city commissions and committee members, subject to council approval. Discussion: Proponents of the status quo argue that the mayor's appointment powers allow him/her to appropriately set the political tone and direction of the city. Conversely, critics claim that this structure concentrates too much power in the hands of mayor; they argue that the council should be allowed to nominate and approve candidates for appointment. Outcome: The committee voted 8-1 in favor of the recommendation, effectively retaining the status quo. A second motion that would have specifically allowed Planning Commission members to be proposed and appointed by the mayor and council failed, 7- 1. (See Appendix III: Structure of Government) 4. The current position system for selecting council members should be eliminated in favor of citywide, at-large elections in which the top three vote getters win the council seats at issue. Background: Article 8, Section 2 of the city charter delineates the existing system that governs selection of city council members. Existing language requires council members to be elected by position number (one through six); each candidate is required to 5 designate the number of the council seat to which he or she aspires. A candidate may run for one position in any given election. Discussion: Proponents of the status quo argue: 1) that the existing system produces richer debate and greater clarification of issues; 2) that the position system lends stability to local government by protecting incumbents from political movements that might be orchestrated to sweep sitting councilors from office; and, 3) that the position system may allow less-well known candidates to achieve office. Conversely, critics believe: 1) that the position system can be used to target specific minority candidates; 2) that it unnecessarily complicates the voting process and stymies a citizen's ability to support the candidates of his/her choice; and, 3) that it can allow unchallenged incumbents to avoid scrutiny. Outcome: This was among the committee's more contentious recommendations, approved in a 5-4 vote. Related issues that the committee discussed and dismissed for lack of interest included changing the number of council members, imposing term limits, and adopting a ward system for council election. The committee also discussed the possible adoption of charter language that would permit or enact an instant voter runoff system in city elections. In the end, the committee decided not to recommend IRV, citing concerns regarding cost, legality, and insufficient research. However, the committee did agree to forward to the council excellent background material prepared on the subject by IRV advocate Pam Vavra and to note the substantial public input we received endorsing IRV. (See Appendix IV Council Election Materials) 5. The city recorder should continue to be elected by the voters. However, charter language that dictates compensation should be removed; responsibility for salary issues would be assigned to the Citizens' Budget Committee. In addition, the city council should appoint a task force or committee to study the issues of the city recorder [and municipal judge] in additional depth. Background: Article 3 of the current charter describes the recorder as an elected city officer; section 3 pegs compensation to the 1974-75 level with specified annual adjustments. Discussion: Proponents of the status quo argue that election by the voters ensures that the recorder will remain independent and available to city residents; they note that the recorder is the only fulltime city official elected by the citizens. Conversely, critics point out 1) that most city recorders are now appointed and supervised by councils and managers; and, 2) that election may not guarantee that the winning candidate has the 6 requisite skills to fulfill the duties of the office. Proponents of the task force argued that the council should investigate whether the recorder should retain treasurer's duties now delegated to that office. Speakers on both sides of the election issue questioned the inclusion of compensation language in the charter, citing the committee's efforts to remove all specific funding notations from the document. Outcome: The committee endorsed the first recommendation unanimously; the task force endorsement was approved on a 5-4 vote. (See Appendix V Election of the City Recorder) 6. The municipal judge should continue to be elected by the voters. However, charter language that dictates compensation should be removed; responsibility for salary issues would be assigned to the Citizens' Budget Committee. In addition, the city council should appoint a task force or committee to study the issues of the [city recorder] and municipal judge in additional depth. Background: Article 3 of the current charter describes the municipal judge as an elected city officer; section 3 pegs compensation to the 1974-75 level with specified annual adjustments. Discussion: Proponents of the status quo argue that the election process allows voters to choose a municipal judge who will understand and incorporate local values in his/her approach to the judiciary. Conversely, critics question whether the current system is cost effective. Proponents of the task force suggested that the council investigate the level of judicial salary, imposition of a residency requirement, and the general powers and duties of the judge. As with the recorder, speakers on both sides of the election issue questioned the inclusion of compensation language in the charter, citing the committee's efforts to remove all specific funding notations from the document. Outcome: The committee endorsed the first recommendation unanimously; the task force endorsement was approved on a 5-4 vote. (See Appendix VI: Election of the Municipal Judge) 7 7. Members of the Parks and Recreation Commission should continue to be elected by city voters, and the Parks Department should continue to be administered as an autonomous entity independent of the rest of city government. However, existing charter language should be streamlined to combine the Parks Commission and the Recreation Commission. Finally, charter language that dictates the department's formula should be removed from the charter; the Parks and Recreation budget should be determined via the annual city budget process. Background: Article 19 of the existing charter (part of the original 1908 document) establishes the Parks Commission as an elected body of five residents invested with the control and management of city parkland and accompanying funding. Section 3 grants the commission independent taxing authority (not to exceed four and one half mills on the dollar) necessary to support the parks program. Finally, Article 22 specifies that the Park Commissioners also serve as members of the Recreation Commission. Over the years, the Park Commission's independent funding stream and elected status enabled the establishment of an independent Parks and Recreation department within city government. The Parks Commission hires and fires the department manager, establishes internal policy and procedures, and reviews the annual budget. Ballot Measure 50 (1997) effectively eliminated the department's fiscal independence; Parks and Recreation funding is now established through the Citizens' Budget Committee process. However, the Department continues to be administered as an independent arm of city government. Discussion: Proponents of the existing system argue: 1) that election by the voters provides powerful leverage and independence for the Commission; 2) that the department's autonomy has enabled it to creatively develop and maintain the expansive system of city parks; and, 3) that the city's park system is intrinsic to the aesthetic and character of Ashland, and warrants special charter protections. In turn, critics believe: 1) that the Parks Department is most appropriately administered under the auspices of the city administrator/manager, which would be consistent with the committee's recommendations to place all administrative functions under the city manager; 2) that the autonomy of the department creates inequities among city employees; 3) that the elected Commission usurps decision making powers that rightfully belong to the council; 4) that appointment, rather than election, might attract better qualified candidates for the commission; and,S) that the existence of an elected corhmission no longer provides fiscal protections for the department, given the passage of Measure 50. Outcome: The recommendation was approved by a vote of 8-1. Our decision to remove moribund funding language from the charter was consistent with our overall attempts to keep the charter free of budget figures. However, the committee 8 acknowledges that Parks funding is integral to its success; we recommend that the council consider implementing an ordinance that would formalize Parks funding. (See Appendix VII: Parks and Recreation) 8. The Ashland City Band should be retained in the charter; however, funding language should be removed and budget issues delegated to the Citizens' Budget Committee. The committee recommends that the Band be placed under the authority of the city Parks and Recreation Department. Background: Article 21 of the current charter requires the council to include in the annual budget an allocation not to exceed six-tenths (.6) mills on the dollar for the purpose of a City Band. By tradition (though not function), the Band falls under the auspices of the city finance director; as a result, the Band often operates quite independently from city structure. Discussion: Proponents of the current charter language argue that the City Band will survive and thrive through the specification of a funding formula embedded in the charter. Conversely, critics suggest that the charter should never cite specific budget numbers; instead, funding should be allocated through the annual budget process. Speakers on both sides of the funding issue agree that the Parks and Recreation Department is the most appropriate home base for the Band. Outcome: The recommendation was approved via unanimous vote. In addition, the Charter Committee notes that preservation of the band's funding is integral to its success; we recommend that the council consider implementing an ordinance addressing the band's funding requirements. (See Appendix VIII: Ashland City Band) 9. Charter language that requires voter approval of all increases in council salaries should be eliminated; salary levels should be established via a city ordinance. Background: Article 3, Section 3 of the current charter requires that changes to the level of compensation received by elective officers (except for recorder and judge) be submitted to a vote of the people. Right now, each city council member receives $350 per year and the mayor receives $500; these pay levels have been unchanged since at least 1976. However, elected officials also receive full medical, vision and dental benefits and a small life insurance policy that covers themselves and dependents. Discussion: Proponents argue that the existing system restrains the council from enacting costly and/or inappropriate pay increases. Conversely, critics of the status quo 9 claim: 1) that salary issues are best delegated via ordinance; and/or, 2) that council members deserve to be paid for the work that they perform. Outcome: The committee endorsed the recommendation via a 7-1 vote, with one member abstaining. Discussion that preceded the vote focused on the generous health benefits package now extended to council members. The committee suggests that council members consider assuming an insurance co-payment equivalent to that paid by city employees. (See Appendix IX: Council Salaries and Benefits) 10. The city council should convene a citizen-based Charter Review Committee at least every ten years. Background: The current charter does not address the question of periodic review. Discussion: Proponents of periodic review argue that a mandatory review process ensures that the charter remains relevant to the conduct of city affairs; critics question the necessity for such a requirement. Outcome: The committee unanimously endorsed the recommendation. Charter Housekeepin2 As noted earlier, analyses produced by former city attorney Paul Nolte and by consultant Tom Sponsler highlighted significant sections of the charter containing outdated or extraneous language, or addressing issues better delegated to a city ordinance. We have used that input to identify sections of the charter that should be eliminated from inclusion in the new model charter; these recommendations are detailed in the chart on the following page. (See Appendix X' Charter Mark-ups/Model Charters) Finally, as one of our last actions, the committee attempted to clarify language in Article 16, Section 1 (Public Utilities: Water Works). In response to concerns expressed by City Attorney Mike Franell, the committee unanimously approved an amendment stipulating that city water can be sold to businesses located within city limits. Later, we asked the city attorney to prepare additional wording prohibiting businesses from re-selling that water as a primary commodity. However, after discussion, the Charter Committee declined to take further action, agreeing that issues that might be viewed as amending water policy should be arbitrated by the city council. Mr. Franell's suggested language is contained in the appendix; the council may wish to initiate a task force or committee to look at this issue in the coming months. 10 (See Appendix XI: Suggested Language for Article 16, Section 1) Items to be changed or eliminated in the charter. ARTICLE SECTION TITLE ACTION REASON I 3 Boundaries: 2NU Remove State law ORS sentence ORS 192 OAR 166 III 6 Interest in City Remove ORS 244 Contracts IV 2 Mayor Mod ify to Complements enumerate model charter powers of section on powers Mayor. See of manager Appendix III item C. VI 2 Recorder; Powers and Remove Covered by Duties municipal code 2.08.020 VII 2&3 Elections; Notice & Remove ORS 254 Special VII 6 Elections; Canvass of Remove ORS 254 Returns VII 7 Tie Votes Remove ORS 254.575 VIII 5&6 Council; Journal, Remove ORS 192 Proceedings to the public IX All Special powers of the Remove "Dillon's Rule" Council Where express powers are granted, only those powers and those necessary to carry out the granted power are given. See City of Corvallis v.Carlile, 10 or 139 (1882) Broad powers grant overcomes this limitation. XI 1&4 Public Improvements Remove ORS 279 XII All Taxation Remove ORS 294,310 XIII 4 Appointive Officers Remove ORS 244 XIV All Chief of Police Remove Inherent in city structure. Sec. 2 possible ordinance. Consider ordinance to provide for a member of the police staff to be present at council 11 meetings as in Section 2. XV 2 Court Remove This has never been done. XV 3 Court Remove ORS 138 XV 4 Jury Retain Keep per City Attorney Mike Franell XVI 1 Public utilities Study Clarify language see Appendix X, item D. XVI 2 Torts Remove ORS 30 XVI 3 Existing Ordinances, Remove from ORS 30 Acts, Proceedings line 3 to end XVI 4 Repeal of previously Remove History of enacted provisions amendments are public record pursuant to public records laws ORS 192 XVII All Hospital Remove Committee is except for uncertain what the Section 1 current relationship Study is with the hospital remaining and is hesitant to sections to remove all explore current language until relationship clarified. Leave with hospital. Section 1 if language is accurate after study. XVIII All Cemeteries Trust Remove all Create ordinance to Fund reference to consolidate. Retain dollars and some reference. dates. XX All Airport Retain Language unique to Ashland. Next Steps The conclusion of the Charter Review Committee's work marks the end of the first phase of charter review2. Weare now pleased to pass the torch on to the city council. We suggest that you consider incorporating the following next steps into your process of reVIew: Voter Involvement: As a first priority, the council should launch a voter awareness campaign designed to provide residents with information on the proposed charter changes 2 See Appendix XII: Summary of Expenses 12 and to establish opportunities for interaction and dialogue. Such a campaign might include: · Media articles, interviews, television, radio. · Mini forum/public hearings, etc. · Informational events. . Talks to civic groups. · Flyers (such as in utility bills, etc.) Ballot Language: After preliminary review, the council should engage Tom Sponsler, the city's charter consultant, to prepare draft ballot language for the proposed charter changes. This can be done either before or after council review of the committee recommendations. As part of this process, the council will need to decide if proposed charter revisions should be presented to voters in one complex ballot measure, or, instead, structured as a series of single-issue measures that allows voters to pick and choose among options. Additional Research Committees: Consider establishing task forces or committees to: 1) pursue additional investigation of specific issues, including the roles and responsibilities of the city recorder and municipal judge; 2) develop city ordinances that might replace charter language; and, 3) conduct legal review of the draft charter. Timeline: Develop a timeline for council actions leading to ballot measures, including conceptual review of recommended changes, draft ballot language, public forums/hearings, and the selection of an election date. Finally, please feel free to engage any of us if you need background information, clarification of our recommendations, or additional insight into our decision rationale. 13 6u'o~~ned ~ ~\-\ \J <ll) \ CL CITY INITIATIVE PETITION IENDMENT REQUIRES MAJORITY VOTE FOR ELECTED POSITIONS, INSTANT RUNOFF ion be added to the Ashland City Charter requiring majority vote and instant runoff voting for aw and Ashland Charter provisions provide the candidate for elected office receiving the most votes date does not receive a majority of the votes cast. This provision would amend the Ashland Charter ~eceive a majority of the votes cast in order to be elected to office and would provide for a ranked ot so that runoff elections would not be generally required. The City Council could temporarily ms for any election in which there are: inadequate equipment and procedures to handle the instant runott voting; the City elections would not be conducted by the County elections office; or, the instant runoff provisions would result in excessive additional election costs to the City of Ashland. The People of the City of Ashland hereby amend the Charter of the City of Ashland to read as follows: ARTICLE VII - Elections shall be amended to add Section 9 to read as follows: Section 9. (1) Majority of the vote required for election. No one shall be elected to the offices of mayor, recorder, parks commissioner, council member, or municipal judge of the City without having received a majority of the votes cast for such office. (2) Instant runoff voting defined. For purposes ofthis charter, "instant runoff voting" shall refer to a voting system that, in a single election, allows voters to rank candidates in order of preference and determines which candidate receives each voter's vote through a process by which the least popular candidates are eliminated from consideration until two remain. Notwithstanding any language in this charter to the contrary, once all candidates for an office except two are eliminated from consideration, the candidate with the greater number of votes shall be the winner. (3) Instant runoff voting to be implemented. The city council shall codify procedures by which instant runoff voting shall be used to determine the winner of all elections for which a majority of the votes cast is required by Paragraph 1 of this section. The city recorder shall conduct voter and community education to familiarize voters with instant runoff voting. (4) Council may suspend implementation. The city council may, at its discretion, suspend implementation ofthis section upon its determination of one or more of the following: that a) the voting equipment and procedures are not technically ready to handle instant runoff voting in municipal elections; b) instant runoff voting will preclude the City from consolidating its municipal elections with the County; c) instant runoff elections will result in excessive additional City election costs. Such suspension shall be for a single election, after which this section shall come back into force unless again suspended by an act ofthe city council. CITY OF ASHLAND Council Communication An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020) Meeting Date: November 21, 2006 Department: Legal Contributing Departments: Approval: Martha Bennett Primary Staff Contact: Michael W. Franell E-mail: franellm@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 20 minutes Statement: Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of the code provisions has been added, with the City Administrator making that determination for applicability to employees and the City Council making the determination of applicability to appointed and elected officials. Background: The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in: 1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and appointed officials in addition to applicability to city employees; 2) Adding in a procedure for investigating and enforcing the ethics provisions; 3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have ethics provisions in its municipal code which can be enforced locally. The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from representing clients for hire before any board or commission or before the City Council on matters which would come before the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of public property for private benefit for instances which are specifically set forth as a benefit of employment and for the granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to provide violations are considered cause for discipline. Related City Policies: None. Council Options: The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated above. The Council could amend the proposed ordinance. r., The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only to city of Ashland employees. Staff Recommendation: Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. Potential Motions: I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . . and move to second reading. (Note: If you make amendments, please be sure to identify the included amendments when making this motion). Attachments: Proposed ordinance. r~' ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS Annotated to show deletions and additions to the code sections being modified. Deletions are lined through and additions are underlined. RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policv. The proper operation of democratic government requires that public oflicials, including elected officials, appointed ofticials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all.public omcials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all ,public officials by setting forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is also the purpose of this Code to assistj)ublic officials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and to increase public confidence !n the integrity of City ,public officials. B. Responsibilities of Public Office. l'ublic officials are agents of public purpose and are ;ngaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. I C. Dedicated Service. All j)ublic oflicials of the City should .work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive Page 1 of 4 FILENAME \p G:',recorder\Cit" Council PDcket<Packet Fiks2006-2007"2006-1121 'DONFORD - Ethics,do"," ~ !.~eleted: employees 1 'I j l~eleted: employees ; " L!>.eleted: employees l Deleted: Employees L!>.eleted: employed _J Deleted: Deleted: be Deleted: G'\legalIMike\OrdinaneeslEth ies Amendments Ord - 2,doe Deleted: G:\legallMike\OrdinaneeslEth Amendments.doc I"' I officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. I. Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other .public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. 1. Interest in Ap1Jointments. Canvassing of members of the Councilor Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No ,public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specifically defined benefit in compensation of employment. 3. Obligations to Citizens. No ,public ofticial shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except as otherwise permitted by law or ordinance. E. Conflict of Interest. No,public oniciaI'uwhether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat.public official's official duties in the public interestorwould tend to impair independence of judgment or action in the performance of that,public onicial's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for ,guidance..;. 1. Incompatible Employment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No .public official. shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any ,public official use such information to advance their financial or private interest, or the financial or private interest of others. 3. Gifts and Favors. No.public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is representing himself/herself as a private citizen on purely personal business. No appointed official shall represent a client for hire before the board or commission to which that official is appointed or in any action of proceeding before another board, commission or the City Council Page 2 of 4 FILENAME Ip Q \r<::c()r(I,I\C.ity..(g.~..o.~.il.J'.~(*,\,,\P~ch.<::l...r::.iJ.~2'2(J()(ic2()(17\2.))!)(J.,.I.J}J....QQ.NE.().RP..,Tt.b.j~.~,gQ~ ~It!~t!~:..m.. .~Illpl~~ees (mm.................................. .......... 'mmmm Deleted: employees . ---.'-"'1 I Deleted: employee -..-----; ~Ieted: employee ~Ieted: employee ~Ieted: employee's ~Ieted: employee's roeleted: the ~eleted: of ( 1 Deleted: employees . (E:eleted: . (E:eleted: e (E:eleted: mployee ~eleted: employee (E:eleted: employee r [)eleted:- G~;~~allMike\Ordin-~;~~s\E;h-' ~s Amendments Ord - 2.doc ~ r Deleted: G:\legalIMikelOrdinanceslEth l ics Amendments.doc I"' I on a matter which came or will come before the board or commission to which that official is appointed. No.,public official shall accept a retainer or compensation that is contingent upon a specific action by ~ City~ 5. Contracts with the City. Any .,public official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that .,public official. rrlaY be called to act in an official capacity. The .,public official shall refrain from participating in the transaction or the making of such contract or sale. f\,public official shall notbedeeIlleci)nterestedin any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended. approved, awarded, entered into, or authorized by the,public ofticial in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Councilor other appropriate authority the nature and extent of such interest. F. Political Activity. No employee in the administrative service shall use the prestige of their position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No ,public official.shall promise an a'ppointment to any municipal position as a reward for any political activity. I G. Applicability of Code - Emplovees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator, who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. H. Applicabilitv of Code - Appointed and Elected Officials. When an appointed official or an elected official has doubt as to the applicabilitv of a provision of this code to a particular situation. thev should apply to the Citv Council for a determination. The official seeking a determination shall have the opportunity to present any facts they deem relevant to the determination. They shall also have the opportunity to present any argument they may have as to what they deem an appropriate determination. The City Council. the Mayor or the City Administrator may request the City Attornev to provide an advisory opinion based upon the facts presented. The determination of the Citv Council as to the applicabilitv of a provision of this code to a particular situation shall be final. Page 3 of 4 FILENAME \p Q t(',Q,l.!,rD.iw..<:::9YD,ilj'a ck.<:t.c.\P~,h.('LFjl(,2f(1(!~:f(!OT;O!J.q:..I...I..;.L.QQNr:.\().R I2:Y!h.i.,.~...,lg<;. ~Ieted: employee ~Ieted: a Deleted: agency ~Ieted: employee ~Ieted: employee ~Ieted: employee ~Ieted: n . ~Ieted: employee ~Ieted: employee [Deleted: employee ~eleted: r'D;i;t~d':"G-:\I~~~i\M'i'k~\O;di~'~~~~~\E;h": ~s Amendments Ord - 2.doc [. Deleted: G:\legaIIMike\OrdinanceslEth '. ies Amendments.doe '---______.___._..___m..n_...__..._ _...mm_ . ".,.m.; I. Definitions: 1) Employee.... for the purposes of this section. the term employee shall mean one who is hired and paid a wage or salary to work for the City other than elected or appointed officials. 2) Appointed Ofticial - for the purposes of this section. the term "appointed ofticial" shall mean a person who is appointed to serve on one of the City's boards or commissions and shall also mean the City Administrator and Citv Attorney. 3) Elected Ofticial - for the purposes of this section. elected ofticial shall mean one who is elected by the registered voters of the City of Ashland to serve the city and shall include: the Mayor. the citv councilors. the city recorder. the municipal iudge and thc parks commissioners. \1 . Sanctions.,,_ Violation of any provision of this section. determincd after notice and an opportunity to be heard. shall constitute cause for disciplinary action. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of ,2006, and duly PASSED and ADOPTED this _ day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney Page 4 of 4 FILENAME \p (llscorsic[\Ci[y (,:<}yncill'~chct5:P~cbcLYiJc~':1()(J~,:1(I(l7\.:1Q\)(J,JI:1If)QNr()RD,Tthic~.g<}c. ~Ieted: H Deleted: Violation of any provisions of this code should raise conscientious questions for the employee concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the City Comment [COMMENT1]: Use the following wording on ordinances that are not mailed to council members prior to the council meeting: The foregoing ordinance was first READ on the _ day of . 2001. and duly PASSED and ADOPTED this day of , 2001. r--..--------------------------------..-..-.---..-.. - .-', Deleted: G:\legaIIMike\OrdinaneeslEth , ies Amendments Ord - 2.doe , "-- i I Deleted: G:\legaIIMike\OrdinaneeslEth .. I~:s Amen~-=-~~~.~_~..__m_.____ __~.J CITY OF ASHLAND Council Communication 2006 City Council Goals Meeting Date: November 21, 2006 Department: Administration Contributing Departments: Approval: Martha Bennett Estimated Time: 15 minutes Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm@ashland.or.us Statement: City Council members have asked to discuss the status of the City Council goals for 2006. Staff Recommendation: I recommend that Council use the draft 2006 Goals as a starting point for your 2007 Council goal- setting work. Background: The City Council met twice to set goals for the 2006 calendar year. These goals have never been adopted. During a recent email exchange between myself and Councilor Hartzell, I committed to putting an item on this agenda for you to discuss what you'd like to do with these documents. As noted above, I recommend that you focus on 2007 goal setting, and that the work you did in January and February of this year be the starting point for this discussion. I am attaching all of the documents that I have found that explain the "threads" of how you moved from the January 28, 2006 retreat to the February 10,2006 session to the revision produced by Councilor Hartzell and Councilor Jack Hardesty. Attachments: A. Consultant transcript of notes of January 28,2006 session. B. "Department Workload" document (43 pages) produced by staff after January 28 session as preparation for your February 10 session. C. Document (12 pages) that includes, in note form on the bottom of each page, agreements from February 10,2006 session. D. Revised document submitted on May 24, 2006 by Councilor Cate Hartzell and Councilor Jack Hardesty. I've also attached the transmittal email from Councilor Hartzell. r~' [~~rthaBennetEYi~ICl,~ !=l1e.:.0~~is. ~oals t:lJ)~', 0li~h' ListdOC. . --, ~"~~~~~~~ge~1J -4H-a..Ch~ A: C-lM.~4.-~ N~e,... [' rJ r\Qr.ts I".~ I /~6IOV Work Session Notes January 28,2006 Vision - a "picture" of whot we want (10 years) Goals/Mission/Milestones, some Mhow" to achieve the vision, broader categories (4 years) Projects/Policies - how, specific tasks (2 years) VisionIValues Elements(initial work is at end) · Opportunity - housing, jobs, young people can stay if they choose, basic human needs met by community · All voices are heard, respected, valued · Multi-functional downtown - vibrant, vital ~ and other urban centers · Safety and public health · Employees and residents feel connected to and participate in the community · Outdoor orientation, and history maintained/carried forward · Sustainable ~ economic ~ water energy, transportation ~ not reliant on continued growth · Community "foot print. growth, in-growth, impact are done consciously with community values · Capacity to respond to change - resilient . Healthy neighborhoods · Diversity - economic, cultural, employment, (richness through "layerednessH) and political. *** John will take this and produce a draft for the council Goals 2-4 years (Items in italics are ties to value statements) I. Effectively use, clarify, and/or establish community growth Uobs and housing) management tools/strategies to resolve competing values and opportunities. (community "footprint"; sustainable; multi-functional and viable centers) 2. We facilitate the development of affordable/workforce housing, netting at least 200 units by 2010. (diversity; opportunities; safety, community) 3. We ex pond , broaden, and preserve the economic base with year-round employment and family-wage jobs. (opportunity: capacity: sustainable: diversity) 4. We emphasize the vitality of the downtown area. (opportunity: multi-functional downtown: sustainability: community .Footprint~. diversity 5. We move towards energy and resource independence ~2'Yo reduction of electricity over 50 years. (sustainab1lity, conservation, environment) 6. We improve community ability to prevent, respond to, and maintain services in the event of emergencies (safety, sustainability) 7. Provide for fiscal responsibility by identifying, maintaining, and establishing future revenue sources; seeking and implementing cost savings. (Opportunities, public health, outdoor, capacity, sustainability) PrioritieS/pOlicies/projects (2 years) Goalt) Effectively use, clarify, and/or establish community growth (jobs and housing) management tools/strategies to resolve competing values and opportunities. (community "footprint:. sustainable: multi- functional and viable centers) 10. Review annexation and re-zoning. Achieve desired energy efficient results of annexation. lb. Define "family friendly. housing and give suggestions for accomplishing 1c. Define "density bonuses: and effective use of it. 1d. Identify ways that City inadvertently is an impediment to business opportunity (include Inventory and r-~~. . .. ...... '.. '. - , . - ........"....~..~~ , Martha Benl1~~.~.-..Y.ision elements, Goals and Wish q~t,~o~" . ,._"._~__.__~ '__0.' _.~_~~~~ . PaQ~3-J Analysis of special designations) 1e. Training for Council, commission members, and volunteers about comprehensive plan. if. Review in-fill policy for possible alternative strategies to accomplish or mitigate. Goal 2) We facilitate the development of affordable/workforce housing, netting at least 200 units by 2010 (diversity; opportunities; safety, community) 20. Establish a housing trust fund. 2b. Identify public/private/other agency partnerships. 2c. Establish employee-housing or employee assistance programs. Alternatives costs, trade-offs. 2d. Review salaries/policy of employees relative to Ashland housing costs. 2e. Conservation opportunities; what and how much can we accomplish with our 200 units. Goal 3) We expond, broaden, and preserve the economic base with year-round employment and family-wage jobs. (opportunity; capacity; sustainable; diversity) 30. Establish a City economic development Commission, alternative strategies for accomplishing. 3b. Identify/recommend policy for point-of-contact with City for economic development. 3c. Identify opportunities for partnerships to accomplish economic base expansion, etc. 3d. Include significant involvement of citizens and diverse stakeholders in 'old" action item #1. Goal 4) We emphasize the vitality of the downtown area. 40. Finish Downtown Master Plan. 4b. Evaluate/ recommend costs for implementation: commission re-design of downtown plaza. 4c. Funding strategies for 5b. 4d. Library, restrooms, civic center 4e. Pros and cons of police sub-station downtown. Goal 5) We move towords energy and resource independence 72% reduction of electricity over 50 years. (sustainab1Jity, conservation, environment) 50. Develop "game plan" for meeting 2'10 per annum target. 5b. Identify opportunities and/or incentives for conservation measures such as: zero-net-energy project; earth-advantage; commercial building (energy efficient); retrofitting 5c. What's the next step up in green fleet measures? 5d. What are obstacles and opportunities for weekend services, including services to Medford, etc? 5e. Evaluate City facilities for energy conservation and costs to improve. 5f. Evaluate opportunities for being more conservative in water use. (Right water, right use). Beyond 2050 plan? Goal 6) We improve community ability to prevent, respond to, and maintain services in the event of emergencies (safety, sustainability) 60. Develop long-term funding strategies for CERT and equipment. 6b. Compile "lessons learned" from drills; recommend policies as necessary. 6c. How can we help Forest Service with fuels-reduction in watershed. Funding/project support. 6d. Continue #19 on 'old" list. 6e. What will it take to operate our grid in case of regional grid failure? (solar-powered vehicle) Goal 7) Provide for fiscal responsibility by identifying, maintaining, and establishing future revenue sources; seeking and implementing cost savings. (Opportunities, public health, outdoor, capocity, sustainability) 7a. Establish task force, or . to evaluate funding/revenue opportunities. (Food and beverages) 7b. Establish task force, with public participation, to reduce AFN debt. Other projects/policies not tied to Goals ,". , l Mar:th~.!?~.nnett - Vi.s!one.l~ments, Goals a!~d Wish List.doc ._~._- --_._--- ----~- --'-page'~J -~__"',__-'----'-____."",,:,,:c:....;;...<~....:...;__......... ,. L Establish Public Safety Commission. b Do systematic neighborhood review for safety improvement opportunities. 1, Charter Review process. 1, Complete land use ordinance update. 5. Formalize "meet the mayor" program. Costs and structure? 6. Same for Town hall program. Public Works: Infrastructure management is adequate. Streets: maintenance needs. They will be coming to council to describe more fully in March. Drainages across private property... how to deal with these. Planning: meshing commission and council goal-setting. Assumption of staff available for committees and commissions... clarify this. Homeland security issues: inform council. FY 05-06 Goals List I. keep as consideration for final prioritization discussion 2. keep 3. keep 4. keep 5. keep 6. drop - supplanted by new goal 7. drop, except for Croman white paper ond Railroad Property Study in #3 goal above 8. keep 9. keep 10. modify - funding source maintenance green plan 11. drop 12. keep 13. keep 14. drop 15. keep 16. drop - wrapped into base work 17. merge with and keep 18. keep 19. merge with fuels reduction 20. drop, depending on decisions made February 21. 21. drop 22. merge with financial viability milestone 23. keep 24. keep Ongoing philosophies: Do succession planning coupled with fiscal responsibility (goal as well as philosophy) (economic sustainabl/ity) T.... .~ L~_~rth~ Benn~tt ~ Vision elements, Goals and If:Jish List.do.c - - Page 41 --.-------'-.-----.-.~----'.---'..-.~'O"':"':~............:.;;....___~~____.__"______J Initial work from two groups on values/vision: A community where: Young people can stay if they want... creating opportunity for this. All voices are heard. -Downtown is vibrant, healthy, and serving multiple functions (residential and commercial gathering spot). Urban living is a viable option. Streets are safe and efficiently designed. Facilitate the USe of multiple transportation modes - bikes, pedestrians, etc. City employees have vested interest and are actively engaged in and living in the community. People are active and healthy. History is preserved - buildings, legacy, neighborhoods. Economic base is diverse. Citizens use water efficiently from primary and secondary sources. City services are excellent and varied. Self-sustaining community Revitalized downtown with Satellite centers Coherent footprint Effective public transportation system Fire resilient watershed Plentiful supply of workforce housing Regional partnerships are in place. Broader array of job opportunities Housing for people of all income levels. Broader economic base -7 more better-paying jobs A community of social and economic diversity A viable and utilized mass transit system -7 reduced movement, more walking, more biking The ability to be self-sustaining (regional, local) -7 food, conservation of energy/resources, money, jobs, economical housing Ability to respond to changing resources -7 resilient What will our population be? (Stop now?) How many jobs? Basic human needs are met... warm, well-fed (not too) and the community ensures that it is so. City operates at a fiscally responsible level... now escalating out of control Title 1. II. III. IV. V. VI. VII. 1I1f~-13 .. sW WOr"'-Iva-c1 elf) t..~ Council Goal Settine 2007 Index Current Department Workloads Page 3 Goal 1 "community growth" · Community Development (1 a-I f) · Electric/Conservation (l a) 7 7 9 Goal 2 "workforce housing" · Community Development (2a, 2b, 2e) · Human Resources (2c, 2d) · Electric (2e) 10 10 13 14 Goal 3 "economic base" · Administration (3a-3d) 15 15 Goal 4 "downtown vitality" · Community Development (4a, 4b, 4d) · Electric/Conservation (4e) · Police (4e) 16 16 18 18 GoalS "energy & resource independence" · Electric/Conservation (5a, 5b, 5e, 5f) · Public Works (5e, 5e, 5f) · Administration (5d) 19 19 22 22 Goal 6 "emergency response" · Fire (6a, 6b, 6c, 6d) · Electric (6e) 24 24 26 VIII. Goal 7 "fiscal responsibility" · Administration (7a, 7b) · Finance (7a, 7b) 28 28 29 IX. Other Projects/Policies - Not Tied to Goals · Establish Public Safety Commission · Neighborhood review for safety improvements and opportunities · Charter review process · Complete Land Use ordinance update · Formalize "Meet the Mayor" · Formalize "Town Hall" 31 31 32 32 32 33 Page 1 of 43 · Public Works infrastructure management · Meshing Commission & Council Goal Setting · Homeland Security x. Existing Goals Carried Over · Economic Development Plan · Infonn & educate community on planning issues/regulations · Complete revision of downtown plan · Establish fonnal public involvement policy · Complete Riparian ordinance · Adopt Dark Sky ordinance · Develop urban forestry plan · Improve public trails system · Develop comprehensive public transportation plan · RemodeJ/replace City Council chambers · Increase safety at Wimer Street/North MainlHersey Street Intersection · Enhance water supply and conservation · Develop 5 year infonnation technology plan · Establish stronger role in stewardship of Ashland Watershed · Develop perfonnance measure program for aH City departments · Implement no-cost & low-cost Health and Human Services plan · 6-12 month City-wide community visioning process Page 2 of 43 33 33 33 34 34 35 35 35 35 36 36 36 37 37. 38 39 39 40 42 42 Current Department Workload Administration Nondiscretionary time is 80%. There are three employees in Administration: Diana, Ann and Gino. 100% of Diana's time is spent supporting Administration and Mayor and Council. Both Ann and Gino spend 70% of their time on nondiscretionary items. These items are generated externally (citizen needs), internally (budget preparation, training, seasonal projects, commission support, council, organizational needs, employees etc.) and by job description (intergovernmental projects, community liaison work, day to day operations, web development, RVTV etc.). Current discretionary projects (projects generated by council) but are not shown on the list of goals include: . AFN options · Railroad Property 20% of current staff time is available for discretionary projects Community Development Historically, approximately 0.5 FTE has been available for discretionary projects. This discretionary workload primarily has been distributed between the Community Development Director and Planning Manager, with the majority of discretionary workload directed to Director. Currently, Non-discretionary time is 100%. The Planning Division is currently operating at 3/4ths of normal full staffing levels. This includes the Planning Manager (currently Interim Community Development Director), Senior Planner and two Assistant Planners. With the hiring of a Community Development Director and an Associate Planner, it is assumed that the Department will be at full staffing levels by July 2006. Until the aforementioned positions are filled, it is assumed that the Planning Division has no additional capacity or staff time to dedicate toward discretionary/long- range projects. Current discretionary projects (projects generated by council) include: · Land Use Ordinance Update - Project management & implementation · Organizational Audit - Project management & implementation · Economic Opportunity Analysis of Industrial/Employment Lands (i.e. Croman & Railroad properties) - Project management & implementation · Final draft & adoption of Wetland & Riparian Areas Protection Ordinance - Project management, completion & implementation · Completion of Downtown Plan - Phase I - Project management Page 3 of 43 It is estimated that approximately four to five full-time planners are needed to carry out workload associated with on-going current planning applications (i.e. development applications) and general zoning administration (i.e. responding to citizen/customer inquiries and needs). This figure is supported by the findings included in the draft Organizational Audit (Zucker Systems). Increased complexity and scope of planning applications, number of development applications, and requests from commissions, committees and the general public places significant demands on stafftime, and has resulted in the delay or inability to accomplish long-range planning priorities of the Council. Once the Department is up to full staffing levels, it is estimated that time comparable to an approximately 1.0 FTE would be available to engage in work associated with discretionary/long-range planning efforts. This figure does not factor in an amount of time that allows the Department to accommodate priorities/policies and projects that frequently occur throughout the year and that cannot be anticipated at this time (i.e. free board). . Electri c/Conservati on The Electric and Conservation Departments currently consist of 21 + FTE' s who maintain and operate our electric utility, electric and water conservation programs. 85% of our operation field crew's time is consumed by maintenance and new construction projects. The other 15% is devoted to dealing with the public and outage situations. The Conservation staff devotes about 85% of their time to customer inquires and program related conservation activities. The other 15% is devoted to program planning, reporting, and special projects. Any significant new programs would require new or contracted staff for completion. Finance At this point I feel it is safe to say that there is no discretionary time available in Accounting, Customer Service, Finance Administration, Human Resources, Municipal Courts or Purchasing. Each area is tasked to meet daily requirements. These divisions provide internal and external customer service and the demands for high levels of service are normally generated by other city functions. The department works hard at documenting procedures, cross training and resoW"ce allocation to provide service, support and to meet pressures from changes in priorities. Many employees rotate between areas of expertise to alleviate work load pressures, only to return to their regular assignment hoping to get caught up before another reassignment. Supervisors are "working managers" who backfill to meet customer demands and tackle managerial responsibilities after hours and on weekends. Many areas have suffered from loss of key employees and "institutional knowledge" over the last three years and new areas ofresponsibility being shifted to the department such as parking enforcement, the Hargadine structure, AFN and risk management and related Page 4 of 43 I"' I insurances. Staff is hopeful that workloads will stabilize when vacant positions are filled, staff is trained and procedures have been developed or stabilized. However, there are areas going under served that will absorb any "free" time gained when there are changes in the above mentioned items. The department is a "can do" group who are always optimistic that changes can be made to resolve the problems intimated by the narrative above, given the time to work on them. Fire There is one department director and two program managers in administration: Fire Chief, Division Chief - EMS/Fire Training & Division Chief - Fire & Life Safety Services. Nondiscretionary time is 90% across all three administrative positions, and is allocated as follows: Fire Chief spends 50% of time managing daily department operations, approximately 35% of time is allocated to forest resource management issues, and 15% of time in responding to citizen inquiries and planning for future projects. Division Chief EMS / Fire Training allocates 50% of time managing Emergency Medical Services and related issues, 40% of time managing fire training program and 10% carrying out special administrative assignments. Division Chief - Fire & Life Safety Services spends 100% of nondiscretionary time managing the Fire & Life Safety Division and related issues involving planning actions and code enforcement & development. Discretionary time for all three positions is 10% and is allocated to attending continuing education classes, workshops and attending state and local professional association meetings. Line personnel, including the three shift supervisors, spend 100% of their time responding to emergencies, training, responding to non-emergency public service calls, and performing building and equipment maintenance functions. Due to nature of workload and rotating work schedule, these line positions are not in a position to relieve any portion of the management workload. Inability of management employees to handle all current workload initiatives results in prioritizing of programs. Successful recruitment of new Division Chief - Operations in May 2006 (two previous attempts were unsuccessful) should significantly improve management capacities and reduce backlogs. Human Resources Currently the Human Resources Division is comprised of2 FTE and we are fully tasked almost 100% of the time. Our days are unpredictable with employee benefit questions, work-related injuries, inquiries from job-seekers, Personnel Action Forms, selection processes, inquiries from the public, etc. Non-discretionary time is running at about 90- 95% for the Human Resource Manager and at least that for the Human Resource Analyst who also provides front office coverage for Administration. Many projects are on hold right now awaiting the discretionary time needed to complete them. Staff frequently forgoes training opportunities in favor of "desk time" to draft policies and attempt to get caught up. Page 5 of 43 We have a few large projects on the horizon, including several key staff recruitments, preparations for labor negotiations with our two public safety bargaining groups, open enrollment for health insurance benefits, review of risk management practices, etc. We have experienced a steady increase in recruitment workload due to turnover, and we anticipate this to continue as the baby boomers reach retirement age. Police The department is staffed with 42 employees. This includes sworn and non-swom personnel in administration, investigations, patrol and special assignments. Of om 16 patrol positions, 7 are probationary, meaning that 7 of our 16 patrol officers have been working for the city for less than 18 months. This translates into an enormous effort in hiring, training and integrating new people into both the department and community. Currently we are awaiting the draft report from our consultant,s (PERF). Following their departmental and community assessment, PERF will be offering a number of recommendations regarding our police structure and operation. I count on this report to provide creative & industry-sound suggestions which we can review and adopt as appropriate. Public Works Public Works operations divisions are responsible for the overall operation of the water and waste water plants, distribution and collection facilities, streets, and storm drains. They respond to citizen complaints and perform maintenance activities as required to keep the infrastructure functioning. There is some capacity to respond to emergencies and unanticipated maintenance needs. However, additional workforce needs in the divisions have been identified and it is not reasonable to expect the operations divisions to absorb additional significant duties. Fortunately, the Council Goals only require major involvement from Public Works Operations in only one area: Energy Conservation (Goal 5, Items 5c and 5e). This is addressed below. The administration and engineering divisions are responsible for general direction and oversight of the department, engineering and management associated with the capital improvements program, and staffing a number of City committees. The department director is currently on active duty in Iraq. Some administrative staff members are currently taking work home to meet deadlines on work assignments. Engineering is engaged in a significant capital improvements program. Many of these projects involve outside consultants. The outside consultant contracts and construction contracts require management by division personnel. It is safe to say that the current base workload does not pro~ide capacity to take on more significant projects. This condition is likely to last for at least the next two years. Page 6 of 43 Goal #1 Effectively use, clarify, and/or establish community growth (jobs and housing) management tools/strategies to resolve competing values and opportunities. (community 'foot print"; sustainable; multifunctional and viable centers) Priorities/policies/project (2 years) a) Review annexation and re-zoning. Achieve desired energy efficient results of annexation. b) Define "family friendly" housing and give suggestions for accomplishing c) Define "density bonuses" and effective use of it d) Identify ways that City inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designations) e) Training for Council, commission members, and volunteers about comprehensive plan f) Review in-fill policy for possible alternative strategies to accomplish or mitigate Responsible Department (la, Ib, Ic, Id, Ie and If): Community Development Understanding of Goal # 1 New and existing Comprehensive Plan goals and policies would need to be evaluated in light of influencing community growth management strategies, while considering competing values and opportunities related to family wage job creation and work force housing. The likely tools and activities available to the Community Development Department for implementation ofthis goal include: ../ Amendments to land use approval criteria with respect to Annexations and Zone Change requests. This could include defining and codifying into the land use ordinance elements associated with family-friendly housing, family-wage jobs, energy-efficiency standards, etc.; ./ Use of City appointed task force(s). Public discussion needs to occur in order to flush out questions and concerns related to in-fill and the City's historic desire to make efficient use of its land base, while maintaining a compact community footprint that provides a solid foundation for comprehensive transportation planning. A similar task force could be used to identify real and perceived impediments to attracting business opportunities of a scale and design commensurate with community values. ./ Adoption of neighborhood plans (similar to North Mountain Plan) for larger undeveloped tracts of land within and outside the City Limits. Such candidates would likely include the area north of Normal Avenue, between Walker and Clay Street, as well as the Croman Mill and Railroad properties. ./ Evaluate training opportunities for Council, Planning Commission and other citizen committees. Monthly study sessions could provide an opportunity for such discussions. Page 7 of 43 Estimated Costs Completion of this goal relies heavily upon the dedication and availability of staff. Some Comprehensive Plan and Ordinance Amendments could be executed during implementation of the recommendations associated with the Land Use Ordinance update. Siegel Planning Services is under contract to identify inconsistencies in the existing Land Use Ordinance and suggest possible revisions to improve clarity, consistency and predictability. The Siegel Report will be presented to the Council in early Spring 2006. The report estimates that adoption of the proposed revisions will take at least nine (9) months. Expediting the adoption of Comprehensive Plan policies, Land Use Ordinance Amendments and Neighborhood Planning Overlays relevant to achieving the stated goal could be expedited through the use of private consultants. Approximately $100,000 was budgeted for 2005-2006 for personal services contracts to carry out the Con:ununity Development Organizational Audit, Land Use Ordinance Review and Downtown Plan _ Phase 1. It may be difficult to count on a comparable amount given the competing interest of moving ahead with the Downtown Plan - Phase II. The estimated cost of the Downtown Master Plan - Phase II ranges from $175,000 to $400,000. Funding will need to be discussed as part of the 2006-2007-budget process. Personnel time Once the Department is up to full staffing levels (i.e. July/August 2006), it is estimated that approximately 1.0 FTE would be available to engage in work associated with long- range planning efforts. Alternatives Specialized task forces, appointed by the Mayor, will likely improve the process and produce better results that have cOn1munity support. Such task forces, however, do not always expedite the process or production of final reports, neighborhood overlays, Comprehensive Plan and ordinance amendments. Trade-Offs Ifthe Council would like to aggressively pursue the complete accomplishment of this Goal over the next two-years (July 1, 2006 - June 30, 2008), it would likely result in the following trade-offs: ./ Implementation and adoption of the suggested revisions in the Siegel Report (i.e. Land Use Update - Phase I) would likely have to be spread out over 24-months, rather than the projected nine-month scenario. Page 8 of 43 ./ The development and completion ofthe Downtown Master Plan - Phase II - would likely be spread out over the next 24-months, rather than the projected 12 to 15 months. ./ Economic Opportunities Analysis for the Croman Mill and Railroad properties would be spread over the next 12 to 15 months, rather than nine-months. This would move the estimated completion date to approximately July/August 2007. ./ Time line for the implementing the recommendations of the Community Development Department Organizational Audit would likely need to be adjusted. ./ Work related to the adoption of a Dark Sky Ordinance would not commence until after July 1, 2008. ./ Existing 2005-2006 Council Goals identified beyond the July 2006 - June 2008 period would not be advanced by the Community Development Department without Council direction and approval. Secondary Department (la): Electric/Conservation Understanding of Goal # 1 When the City annexes land we have broad powers to set conditions which could mandate that . all new homes be built to Earth Advantage standards. We estimate that about 20 hours of staff time is involved in modeling and certifying an EA home. Therefore if a total of 50 homes were built under the program a maximum of 1000 staff hours would be needed. However, depending on how many homes are included in each development, it may be possible to reduce this time requirement, as modeling each home may not be necessary and inspections of homes located in one development often times could be grouped together. Other economies of scale might also be achieved in other ways to reduce these costs. Based on our current rebates levels of $1,000 for each EA home, a cost of $50,000 would also be incurred under this scenario. However since we could mandate these requirements as a part of annexation these incentive payments could be eliminated. Also, we are currently working with BP A to try and get them to fund a portion or all of the EA incentive costs as a part of their regional conservation initiative. Page 9 of 43 ,. I Goal #2 Facilitate the development of affordable/workforce housing, netting at least 200 units by 2010. (diversity; opportunities; safety, community) Priorities/policies/project (2 years) a) Establish a housing trust fund b) Identify public/private/other agency partnerships c) Establish employee-housing or employee assistance programs. Alternative cost, trade-offs d) Review salaries/policy of employees relative to Ashland housing costs e) Conservation opportunities; what and how much can we accomplish with our 200 units Responsible Department (2a, 2b and 2e): Community Development Understanding of Goal #2 The creation or retention of affordable/workforce housing units is the purpose of this goal, which includes a target number (200) and completion date (2010) as performance measures of success. Further the establishment of a Housing Trust Fund and continued efforts to create housing through public/private partnerships are prioritized. Both the establishment of a Housing Trust Fund, and the development of partnerships are tools ultimately intended to facilitate the creation of affordable/workforce housing. As the terms "affordable housing", "low-income housing" and "workforce housing" have different meanings it would be valuable to further refine the terms by corresponding income ranges to ensure the Council Goal is addressed appropriately. To implement this goal the Community Development Department activities would include: ../ Defining workforce housing parameters · Income range, diversity, community need · Needed housing types (rentals or ownership). ../ Establish a Housing Trust Fund · Define Housing Trust Fund Uses and Programs through consultation with citizens, housing providers, developers, social service providers, and elected and appointed officials. · Establish award process and criteria for distribution of Trust Funds · Establish administrative responsibility to oversee the operation of the Trust Fund · Determine and secure an ongoing (sustainable) funding sources to maintain the viability of the Trust Fund. · Adopt ordinance establishing the Housing Trust Fund through public review process · Education/campaign to obtain voter endorsement of any funding stream tJ:1at requires such. Page 10 of 43 ,. I ./ Facilitate Public/Private Partnerships · Work with housing providers to develop property purchased in part with City funds (CDBG, General Fund) · Coordinate with Other local institutions (ASD, SOU, OSF, ACH, etc) to develop workforce housing · Encourage private sector sponsorship of affordable/workforce housing Estimated Costs . Direct subsidy to affordable housing projects is presently limited to approximately $210,000 per year (CDBG) and .75FTE of the Housing Program Specialist. The typical amount of subsidy per unit the City has contributed to housing projects in the recent past is approximately $50,000 per unit directly subsidized by the City, with additional subsidies received from the State or Federal Government. To directly subsidize all 200 units the City would have to anticipate a cost of approximately $10,000,000 at today's subsidy rates. However, it is understood that the City would not directly subsidize all units in the goal of200. Rather Land Use regulations for zone changes, annexations, condominium conversions, and large..scale development have provisions requiring the private developers to provide affordable housing units. These land use related affordable housing units generate between 15-35% of the development as low income (60% area median income) or workforce housing (120% AMI). To accomplish the development of200 such units through land use regulations alone would require the approval of zone changes and annexations that include a total of approximately 120 - 270 units per year. The range is dependant upon the targeted income level, 270 units necessary if only 15% are to be at or below the 60%AMI level, 120 units per year necessary if 35% of the total units are to be at the 120%AMI level. It is important to note that the City of Ashland historically has had only 120-150 new residential units added each year within the existing City Limits and the public need criteria (five year supply) has functioned to limit annexations and zone changes in the past. The land supply designated as multifamily land is diminishing, and thus the potential implications of using affordability requirements within the land use ordinance to address this goal are that the City may be in a position to examine the potential for UGB expansion and/or further incentives to create affordable housing. It is likely a combination of land use criteria and direct subsidy will be employed to address the goal of retaining or creating 40 units per year. Given that existing I.-and Use regulations available to promote affordable housing have not prompted the development of 200 units in 5 years, to accomplish the stated goal it may be necessary to re-examine and modify existing land use ordinances to further promote the development of affordable housing by the private market. Land use requirements alone will not likely accomplish the goal, and the limited CnBG subsidy provided for affordable housing is insufficient to create more than 3-5 units Page 11 of 43 annually. Thus an additional amount of subsidy will be necessary to meet the goal. Assuming up to 20 units per year are created through land use incentives (great(~r than the current average over the last 5 years) it is estimated that an additional subsidy to fund 15-20 units would be needed. Using an average subsidy of $50,000 per unit this extrapolates to a cost of $750,000-$1,000,000 the first year, with that amount and increasing annually by the percent of increase in of construction and land costs. Personnel time The Housing Program Specialist currently undertakes the task of creating affordable housing. Currently the Housing Program Specialists time is allocated with approx imately: ./ 15% being used to respond to citizen, developer, media, and affordable housing developer inquiries - ./ 20% in direct support of the Housing Commission and its subcommittees including education and outreach ./ 20% in research and development of ordinances, resolutions, and contract development (resale restrictions, fee waivers, income qualifications etc) related to affordable housing ./ 5-10% of his time is spent coordinating with local and regional organizations ./ 35% of his time is dedicated to administration of the Community Development Block Grant (CDBG) Program. The CDBG program administration time has been reduced to the minimum and cannot be redu~ed further. ./ The development of a Housing Trust Fund, would require approximately 25% of the Housing Program Specialist time in addition to the ongoing activities undertaken in support of the Housing Commission goals. ./ Legal Department and Finance Department assistance would be imperative to establish . the legal and financial frameworks for administration of the trust. These Departments would have to assess the time necessary to undertake their responsibilities. Alternatives The examination of existing land use ordinances is work currently being undertaken by the Housing Commission and it is anticipated that such efforts will require: ./ 10% of the Housing Program Specialists time through suggested modifications and adoption. ./ Planning personnel in undertaking examination of annexation and zone change ordinances, Goal 1 a - as they relate to energy conservation, some of the process of evaluation could incorporate additional recommendations intended to promote affordable housing. Trade-OIls The 'discretionary' items currently undertaken by the Housing Program Specialist that could be reduced or eliminated to create the additional time necessary to expedite the Page 12 of 43 development and implementation of a HTF and administer an increase in affordable housing projects include: ./ Regional coordination activities (Jackson County Housing Coalition, Southern Oregon Housing Resource Center, Housing Alliance, Jackson County Continuum of Care Consortium) and a reduction of time spent on education and outreach activities (workshops, presentations) unrelated to the development of a Housing Trust Fund. ./' Direct responsiveness to Housing Commission and Council requests (for information or specific activities and research) not outlined within a scope of work to address the Council Goals The purpose of reducing efforts associated with the above items would be to allow consistent and systematic focus on the Housing Trust Fund Development, contract development and review, and implementation, award processes, and administration of new and existing affordable housing projects.. The 35% of the Housing Program Specialists time currently dedicated to CDBG related activities is currently the minimum necessary to administer the program and is thus non- di scretionary. The Housing Program Specialists workload estimates do not factor in an amount of discretionary time that allows the Housing Program Specialist to accommodate new activities identified by the Housing Commission during the course of a year. To have the flexibility to be responsive to opportunities approximately 5-10% time allowance should be considered. ./ Existing 2005-2006 Council Goals identified beyond the July 2006 - June 2008 period would .not be advanced by the Community Development Department without Council direction and approval. Responsible Department (2c and 2d): Human Resources Understanding of Goal #2 As I understand this project, it is a component of the overall Council Goal of facilitating the development of affordable/workforce housing, netting at least 200 units by 2010. Human Resources can assist and support the Housing Program Specialist with this goal by being the point of contact for City of Ashland workforce housing issues. I view this as a multiple phase project. Phase I - Survey of current City workforce to determine the housing needs and preferences. This could be absorbed by current staff and resources in the Page 13 of 43 upcoming Fiscal Year by staggering other projects to accommodate this one. It is possible that Fannie Mae can assist in developing the survey with Human Resources being the conduit. If the survey indicates that a large portion of our workforce desires to live in Ashland but cannot afford to, we would move to Phase II. Phase II - Research other successful employer-assisted housing programs and develop a model program that would work for City of Ashland employees. This would take considerable more staff time --- exactly how much is difficult to quantify at the onset. Phase II could not be completed until the second year, and would require additional resources. Phase III - Upon approval and direction of the Mayor and Council, a pilot of the City of Ashland employer-assisted housing program could be implemented. This would take significant financial resource dedication and would require staff tim<;: from other departments such as Legal, Finance and Community Development. Estimated Costs Phase I could be absorbed within current budget with no additional costs. Phase II would require additional staff resources, or offloading of some Safety/Risk Management responsibilities in the upcoming year. Phase III would require significant budget and resource dedication at the direction of the City Council. Secondary Department (2e): Electric Department Understanding Goal #2 The 200 units that would be funded under this type of initiative would incur a maximum of about 4,000 hours of staff time based on our typical EA certification process. However, since the City would be playing a major role in this type of endeavor and also because a standard type:: design would probably be utilized, we feel that the time commitment could reduced significantly to probably somewhere in the 2500 hour range. Incentives of $200,000 would be incurred if these were single family type structures and we stayed with our current incentive structure. Hopefully BPA would cover a portion of the incentive costs and other creative financing options like zero interest loans could be explored to reduce the portion of the cost not born by BP A. Page 14 of 43 Goal #3 Expand, broaden, and preserve the economic base with year-round employment and family-wage jobs (opportunity; capacity; sustainable; diversity) Priorities/policies/projects (2 years) a) Establish a City economic development commission, alternative strategies for accomplishing b) Identify/recommend policy for point-of-contact with City for economic development c) Identify opportunities for partnership to accomplish economic base expansion, etc. d) Include significant involvement of citizens and diverse stakeholders in "old" action item #1 i.e. produce a working economic development plan) Responsible Department (3a, 3b, 3c and 3d): Administration Understanding of Goal #3 Administration's understanding of this item is that Council would like the City to take the lead role in Economic Development. Estimated Costs Dedicated staff person: $80K Personnel Time To adequately establish and maintain this project requires a full time dedicated employee. 100% of 1 person, ongoing. Primary Staff City Administrator Alternative If this project were added to the list, council might consider making it a requirement of the new Com Dev director to have experience in economic development or make it a partial responsibility of the Assistant City Administrator or rely on SOREDI or contract with the Chamber. Page 15 of 43 I"' I Goal #4 Emphasize the vitality of the downtown area Priorities/policies/projects (2 years) a) Finish Downtown Master Plan b) Evaluate/recommend costs for implementation; commission re-design of downtown plaza c) Funding Strategies for identifying opportunities and/or incentives for conservation measures such as: zero-net-energy project; earth advantage; commercial building (energy efficient); retrofitting d) Library, restrooms, civic center e) Pros and Cons of police sub-station downtown Responsible Department (4a, 4b and 4d): Community Development Understanding of Goal #4 The completion of Downtown Plan - Phase I - is identified in the 2005-2006 Council Goals. Phase I is designed to produce a work program (i.e. outline of the process) for the development of a revised Downtown Plan. The Portland-based consulting firm, Crandall-Arambula, has been contracted to compile a work program for Phase II and present it to the Council for adoption. It is projected that the work program for Phase II will be adopted by May 2006. Staff understands that Goal #4 involves the process and document preparation associated with the production of a new Downtown Master Plan. The end product will include a new downtown plan document, as well as associated deliverables (i.e. revised design guidelines & standards, etc.). This goal does not include the implementation of possible capital improvement projects identified as possible action items in the plan. Such projects will staff time and cost associated with design, evaluation and approval of funding sources, permit approval and construction. Many of the projects or tasks associated with Goal #4 will be accomplished through the development and adoption of a new Downtown Master Plan. The approved planning document could be structured to include: ./ Identification of possible funding strategies ./ Identify locations for public rest rooms, police sub-station & future civic center ./ Evaluate current Plaza design and assess alternative location for public spaces (ii.e. maintain existing, seek additional public spaces) Page 16 of 43 '" I Estimated Costs The cost associated with the development of a new Downtown Master Plan has been projected to range between $175,000 to $400,000. A more specific cost estimate will be identified as part of the development of the work program in Phase I. Currently no funding has been identified for the development of the Downtown Master Plan - Phase II. If Goal #4 is a priority, funding for the development of a new Downtown Master Plan document will need to be identified during the 2006 -2007 annual budget process. The goal also identified the task of commissioning are-design of the downtown plaza. Funding for the design time associated with this effort has not been factored into development of the Downtown Master Plan - Phase II. Similarly, while ideal police sub- station locations could be evaluated and incorporated as part of the Downtown Master Plan - Phase II, funding for capital construction or the lease of space would be beyond the scope ofthe project and the tasks performed by the Community Development Department. Personnel time At the January 26th, 2006 workshop with the Downtown Planning Committee, George Crandall stated that the process associated with development of the Downtown Master Plan would take approximately nine (9) months and would not involve a significant amount .ofstafftime. Given the nature of the Ashland community and other projl~cts that compete for public involvement opportunities, this schedule seems overly optimistic. It is estimated that at least .25 FTE will be dedicated toward Project Management and other duties related to the completion of the Downtown Master Plan over the next 12 to 15 months. Many City projects and issues compete for public meeting time. Consequently, given the myriad of issues that surround a downtown planning effort it is overly optimistic to conclude that a new Downtown Master Plan would be ready for adoption within a 9-month scenario as described by the Crandall-Arambula. The nature and volume of possible deliverables resulting for the Downtown Planning process (i.e. Downtown Guidelines, Design Standards, Plan and Ordinance Amendments) would likely effect the cost and timeline for this project. Trade-Offs An aggressive timeline for completing Goals #1 and #2, it would likely result in the following trade-offs: ./ The development and completion of the Downtown Master Plan - Phase II - would likely be spread out over the next 24-months, rather than the projected 12 to 15 months. Page 17 of 43 I"' I ./ Existing 2005-2006 Council Goals identified beyond the July 2006 - June 2008 period would not be advanced by the Community Development Department without Council direction and approval. Responsible Department (4c): Electric/Conservation Understanding of Goal #4 The City has a wide array of energy efficiency programs that addresses almost all end Uses for electricity in the City. We don't have a zero net energy program and new commercial building do need more emphasis. City staff would be able to investigate various ways to add and strengthen our offerings in these areas with our existing staffing. There will no doubt bl~ costs involved in acquiring conservation in these areas if programs are implemented and this would be detailed as a part of these studies. We estimate that about 100 hours of staff time would be required to do this research. Responsible Department (4e): Police Understanding of Goal #4 While this is a broad goal, impacting the entire city government, a specific police contribution was noted. That is: Pros & Cons of police substation. Pros: Visible police location may increase sense of safety & security. Increased police presence does reduce uncivil behavior. Staffed location provides easier access of services for visitors. Physical location does provide convenience for officers assigned to area. Cons: Adds to an already crowded & competitive demand for government space needs downtown. Costly to build, lease and equip. Very costly to staff. Estimated Costs To establish and maintain an effective downtown presence in a sub-station will require 4 additional police officers. Page 18 of 43 Goal #5 Move towards energy and resource independence -. 2% reduction of electricity over 5,0 years. (sustainability, conservation, environment) Priorities/policies/project (2 years) a) Develop "game plan" for meeting 2% per annum target b) Identify opportunities and/or incentives for conservation measures such as: zero-net-energy project; earth-advantage; commercial building (energy efficient); retrofitting c) What's the next step up in green fleet measures? d) What are obstacles and opportunities for weekend services, including services to Medford, etc? e) Evaluate City facilities for energy conservation and costs to improve 1) Evaluate opportunities for being more conservative in water use (Right water, right use). Beyond 2050 plan? Responsible Department (Sa, 5b, 5e and Sf): Electric/Conservation Understanding of Goal #5 5a) Develop "game plan" for meeting 2% per annum target. Developing a "game plan" for meeting a 2% reduction in electricity purchases each year for 50 years is an extremely aggressive goal. Our current peak demand is growing at about 1.5% in the winter and 3% in the summer. With the recent increases in natural gas prices we could see even greater increases in electric load growth over what has occurred during the last six years. The City's actual electric power consumption for the last 6 years is as follows: 2000 169,662,420 kWh's 2001 168,026,070 kWh's 2002 170,059,545 kWh's 2003 171,930,200 kWh's 2004 173,821,432 kWh's 2005 177,794,000 kWh's This represents about a 1 % annual growth in electricity consumption. In order to meet the Council goal of a 2% reduction in the amount of purchased electricity from BP A, a 3% reduction oflast year's 177,794,000 kWh's in the consumption would be needed. This would equal 5,333,820 kWh's annually. Ifwe assume Y2 of this amount is acquired through generation and ~ is acquired by conservation, we would incur the following kind of costs: Page 19 of43 Generation 2,669,910's kWh of new generation is needed. The 15 kW police station solar system has produced about 129,088 kWh over the 5 Y2 years it has been in operation. This equates to about 23,450 kWh's per year. Therefore, we would need a solar system about 113 times the size of the 15 kW solar system located on the police station to produce Yz of the target and meet the 2% overall goal. Based on a cost of$6/watt, a 1,695 kW system (15kw X 113) would cost $10,170,000 and this amount of new solar cells would need to be added annually to continue to produce half of the yearly target via solar generation within the City each year. Just finding areas large enough to host this generation would also challenging. Our current wholesale power bill from BP A is about $6,900,000 per year for Power and Transmission. The reduction that would occur from this amount of solar generatilon would result in a wholesale bill savings of about $103,500 annually. Conservation To acquire the remainder of the target with Conservation would, according to the NW Power Planning Council, incur an average levelized cost of $.024/ kWh or about $2,200,000 per average megawatt. The 2,669,910 kWh's represents about 30% of an average megawatt so it would cost us about $660,000/year in additional conservation costs. Since this is about 2.6 higher than our existing conservation incentive budget which is administered by a staff of 1.75 FTE's, we would estimate at least an additional 2 FTEs would be needed to implement these programs. This would add about an additional $160,000/ year in salary and benefits annually in order to acquire this conservation resource. These numbers are just a very quick analysis and obviously can dramatically change if some of the base assumptions are changed, or the mix between conservation and solar is weighted more heavily toward conservation. The City is very lucky to be able to utilize federal hydropower resources that are available from BP A to meet our wholesale power supply needs. Other areas of the country and even areas of the region not served by Public Power would be extremely happy to get the benefits available to the City through our relationships with BP A. The City has been aggressively operating Conservation programs for nearly 25 years now, so to ramp to these higher levels and continue these higher levels for 50 years isn't possible. Taking all this into account and also considering the high cost of implementing this goal, makes it appears that this goal is unachievable in its present form and needs to be: modified to be something that is more realistic and affordable. We would therefore like to suggest the following goal that is more achievable, affordable and would make sense for the City to pursue. Page 20 of 43 "The City, through a combination oflocal renewable generation, conservation, the purchase of Environmentally Preferred Power (EPP) from BP A, and the purchas4~ of other renewable resources should strive to ensure that all new electric load growth beyond 2007 is carbon neutral." This goal would give us an incentive to pursue conservation activities to the maximum extent possible to reduce future load growth. Nex.t we would acquire local generation within the City, pursue cost effective regional and local renewable resource geDl~ration projects and then purchase EPP from BP A to make up the difference in annual load growth. The City of Seattle's Municipal Utility recently announced a goal along these lines as something they are pursuing and to my knowledge the City would be the first Oregon utility to adopt this goal. This goal also fits in well with the current regional decision making process which could result in allocation of the Federal generation on a prorated basis to each utility in 2011. 5b) Identify opportunities and/or incentives for conservation measures such as: zero-net- energy project; earth-advantage; commercial building (energy efficient); retrofitting. The City has a wide array of energy efficiency programs that addresses almost all end uses for electricity in the City. We don't have a zero net energy program and new commercial building do need more emphasis. City staff would be able to investigate various ways to add and strengthen our offerings in these areas with our existing staffing. There will no doubt be costs involved in acquiring conservation in these areas if programs are implemented and this would be detailed as a part of these studies. We estimate that about 100 hours of staff time would be required to do this research. 5e) Evaluate City facilities for energy conservation and costs to improve. The City will be able to provide staff to provide energy and water audits to all City facilities using existing staff within the first 6 months ofFY 06-07. Sf) Evaluate opportunities for being more conservative in water use. (Right water, right use). Beyond 2050 plan? City staffwill be presenting a paper to the Mayor and Council within the next 4-6 weeks that will detail the current status of our water conservation activities and whether we are on track to meet the 2050 plan's water conservation targets. This analysis will not only include existing programs but will also address future activities and try and assess the amount of savings that could occur by implementing them. One area that warrants further assessment outside our current efforts would be to provide better utilization of the existing Talent Irrigation District System and possibly expand its use by acquiring more water for the system and also invest in ways to use the existing resource more efficiently. Staff feels this is an appropriate' activity to pursue and estimates that we could contract with an outside consulting finn for $20,000 to $30,000 to work on this issue. This study could analyze at a minimum, piping and other conservation actions, lack of metering, Page 21 of 43 facility ownership, water rights availability and the costs to implement any recommended activities. Responsible Department (5c, 5e and 5f): Public Works Understanding of Goal #5 5c) The next step in green fleet measures. The department has a clear understanding of the goals to have an equipm~nt fleet which is as economical and environmentally benign as it can be. This has been a "proje:ct without a name" that the department regards as an ongoing responsibility. Recently, Council has given this initiative a boost in priority. It is important to develop plans to take this initiative to the next level. This project will be undertaken within the Fleet Operations division. A temporary assignment was made in that division to fill the Maintenance and Safety Supervisor position. Until the permanent department director returns this division manager will be on temporary assignment. The division will be shorthanded until that time. Givl~n current workloads and the current temporary assignment, it is not reasonable to expect the division to take on a project right now that goes beyond the ongoing effort to improve fleet efficiency. When the director returns and permanent assignments can be made within Fleet Operations (less than a year) it will be possible to develop the next steps toward accomplishing the green fleet initiative as envisioned by Council. Until that time it is not possible to identify costs or time commitments. 5e) Evaluate city facilities for energy conservation measures. Building operations and maintenance efforts are conducted under the leadership of the Maintenance and Safety supervisor. The situation with personnel assignments described above is an obvious obstacle to moving forward at this time. Responsible Department (5d): Administration Understanding of Goal #5 Admin understands this to mean the council would like the community to have extended evening and weekend bus service not only in Ashland but to and from Medford and to explore the various opportunities and challenges... Page 22 of 43 " I Estimated Costs The TTPe plan from 2000 estimates that $1.5 - $2 million would be needed for a transit program with no fare service, expanded hours and expanded routes (current costs $290K plus approximately $100K in MPO Ashland funds) Personnel Costs Getting RVTD to expand hours of operations will require some regional political pressure. For staff it is about building relationships, establishing a presence with RVTD board/staff and participating in regional transportation meetings, communicating Ashland's needs. . . Staff commitment possibly 12% of 1 person initially and gradually growing as project becomes more of a reality. Primary Staff Management Analyst Alternatives Consider establishing Ashland transit to augment, supplement current RVTD services e.g. in town shuttle services, jitneys, "fun to ride" smaller buses all ideas identified in the TTPe. The challenge of funding remains. Page 23 of 43 Goal #6 Improve community ability to prevent, respond to, and maintain services in the ev.ent of emergencies (safety; sustainability) Priorities/policies/projects (2 years) a) Develop long-term funding strategies for CERT and equipment b) Compile "lesions learned" from drills; recommend policies as necessary c) How can we help Forest Service with fuels-reduction in watershed? Funding/project support. d) Continue # 19 on "old list" (i.e. establish stronger, formalized role for City in stewardship of entire Ashland watershed e) What will it take to operate our grid in case of a regional grid failure? (solar powered vehicle) Responsible Department (6a, 6b, 6c, 6d): Fire Understanding of Goal #6 6a) Develop Long-Term Funding Strategiesfor CERT and Equipment. a) Provide for continuity of program coordination and development by converting .63 FTE to 1.0 FTE. b) Insure that required community CERT bases are established and adequately equipped. c) Continue to aggressively pursue Citizen Corps grant funds where available. Estimated Costs Increase in program coordinator's position from part-time to full-time will increase the fire department EMS Division budget by $20,000 annually. CERT equipment funding is adequate at present level of appropriation. Personnel Time Personnel time necessary is met by increasing CERT coordinator hours from 25 hrs per week to 40 hrs per week. Primary Staff CER T Program Coordinator / Division Chief - EMS Division Alternative None noted. Page 24 of 43 6b) Emergency Preparedness: Exercises, After-Action Reports and Policies a) Provide regular community-wide emergency preparedness exercises. b) Insure that "after-action" reports are completed and forwarded to City Council. c) Make recommendations on future improvements, and remedial corrections where necessary, in City emergency preparedness capability. Estimated Costs Current appropriation level within the Fire Operations Division budget should be sufficient to support EOC functions, identified enhancements and cover exercise expenses. Personnel Costs Staff time is distributed across several departments for conducting exercises and has been limited to approximately 10 hrs per year per participant. Primary Staff Fire Chief, City Emergency Management Team and selected support staff. Alternatives None noted. 6c) Assist USFS With Funding & Project Support For Watershed Projects Estimated Costs Costs will be dependent on degree of City interest in funding the collection of additional forest resource data, inventories and monitoring activities critical to the City's interests in current and future USFS projects in the Ashland Watershed. These costs may run $30,000 to $60,000 per year if grant support cannot be secured. Personnel Costs The on-going commitment of our City Consulting Forester to USFS projects on federal lands in the Ashland Watershed will result in approximately $25,000 annually in billable hours under current contract. The continued commitment of Fire Chief in Watershed program management functions will result in 35% of total work hours, or approximately $40,000 annually. Primary Staff Fire Chief, Clerk II, Consulting City Forester, Ashland Forest Lands Commission and community members. Alternatives None noted. Page 25 of 43 6d) Establish A Stronger, Formalized Role For City In Stewardship Of Entire Ashland Watershed. a) Propose amendments to USFS / COA MOU. b) Development of the Community Wildfire Protection Plan Alternative. c) Creation of AFRCAT committee as technical advisor to USFS For AFR. d) Promote development of monitoring plans for COA / USFS forest lands. e) Development of a riparian management strategy for COA forest lands. Estimated Costs Material costs have not been significant. Personnel Time City Personnel time to date has been significant with regard to meetings, GIS work and coordination. City Consulting Forester time commitment to date has been approximately $15,000 in billable hours. Primary Staff Fire Chief, Clerk II, Consulting City Forester, Ashland Forest Lands Commission, community members. Alternative None noted. Responsible Department (6e): Electric/ Conservation Understanding Goal #6 6e) What will it take to operate our grid in case of regional gridfailure? (solar-powered vehicle) The City's current operating procedure with respect to emergency electrical outages is to utilize backup fossil fueled generation for critical loads. We currently have diesel generators at 90 N. Mountain, the Waste Water Treatment Plant, the Water Treatment Plant and four portable generators for our sewage lift stations. In addition, we have natural gas fuel-back up generators at City Hall, the Police Station, and both Fire Stations. In addition, both Ashland Community Hospital and Oregon Shakespeare Festival have natural gas fuel backup generation. To try and keep the grid active during an outage is not feasible as there is no source generation within the City that could be used for power supply. The City's solar systems on both the Civic Center and the Police station have no battery backup systems or inverters which are designed to provide power in the advent of grid failure. Page 26 of 43 The City's hydro generation which is located at the City water treatment plant site can produce about 600 k W of power depending on water usage. Back in 1997 the City experimented with trying to utilize that resource to power the Water Treatment Plant in the event of a power failure to the plant. These experiments were unsuccessful because the quality and frequency of the power produced was not acceptable to operate the equipment at the plant and could result in damage to the plant's equipment. Since then, a 350kW diesel powered generator has been installed as a backup supply. This generation can operate 24-48 hours per 500 gallons of fuel and has a tank of 500 gallons in size. For extended outages the tank could be refilled assuming the plant is accessible. In addition, the old line that was built around 1910 that serves the Water Plant wilI be replaced soon with a new underground feed that is currently being installed as a part of the new water line installation. The old line will remain as a redundant feed to the plant that can be used if a disruption to the new line were to occur. A solar powered vehicle was also mentioned in the goal but there was very little information as to how the vehicle would be used. A mobile PV powered vehicle: would probably need a large set of storage batteries because a solar array that could be deployed in a mobile manner wouldn't be able to have much generation capacity and then:fore would need to utilize a battery storage system that would be large enough to accomplish the tasks that would be envisioned by the Council. If information is provided that defines the proposed use of this type of vehicle we would be happy to try and identify the cost of outfitting such a vehicle. Page 27 of 43 Goal #7 Provide for fiscal responsibility by identifying, maintaining and establishing future revenue sources; seeking and implementing cost savings (opportunities, public health, outdoor, capacity, sustainability) Priorities/policies/projects (2 years) a) Establish task force or to evaluate funding/revenue opportunities. (food and beverages) b) Establish task force, with public participation, to reduce AFN debt. Responsible Department (7a and 7b): Administration Understanding Goal #7 Administration's understanding ofthis goal is that council would like to have citizen involvement and a task force strategy to determine what action should be taken with the food and beverage tax sunset and to determine how government should reduce AFN debt. Estimated Costs a) $3000 (meeting space, outreach, advertising) b) $3000 (meeting space, outreach, advertising) Personnel Costs a) 10% of 1-2 people for 1 year (research minute taking, report writing, meeting coordination, data gathering/compilation etc.) b) 10% of 1-2 people for 1 year (research minute taking, report writing, meeting coordination, data gathering/compilation etc.) Primary Staff City Administrator Alternatives For both a and b make this a council discussion and decision not a task force and solicit public input through the current process of public hearing/public forums, web survey etc. Page 28 of 43 I"' I Goal #7 cont'd Secondary Department (7a and 7b): Finance Understanding Goal #7 To the Finance Director this translates into two focused projects aimed at helping to ma:intain the financial viability of the city. I believe much of this is done during the annual budget process but that Council is considering a different approach done independently. Tools already in place to assist with this include the budget process, established financial management policies including fund balance minimums, information from several previous reviews of revenue potentials and the data discussed above (prior year Goal #25) relating to performance measures and efficiencies. These require staff time to support, document or implement. Task forces can be (and have been) used to generate ideas of where "more money" can be "found" based upon specific uses that were warranted (Parks land, AFN, affordable housing, Ski Ashland, etc.). Usually there: is a need for an "expert" to speak to the potential and likely barriers to implementation. 7a) (Revenues Focus) would consist of the following: I. Inventory existing and potential revenue sources 2. Define them, identifying their potential, characteristics, requirements for implementation andlor susceptibility to change 3. Develop strategies for (a) implementing new revenue streams and (b) maintaining ongoing revenue streams. 4. Implement accepted strategies 5. Review and upd~te annually. Estimated Costs Depending on the self sufficiency of a task force to do this, working independen1tly, using existing information and tools available, then only manager time would be requilred to participate in their meetings as long as no minutes are needed. Personnel time I would estimate that there would be at least 8 hours of the Finance Director time spent on this each month the task force operates. The director would have to review output of the group and respond to inquires. As long as the group only needs help from "exempt from overtime employees" cost will be minimal. Page 29 of 43 Alternatives The city can: · Hire a consultant to do the review and report directly to Council. Cost may be around $10,000 for the consultant and still will require staff time to provide data, be available to meet and respond to questions. · Hire added staffto work in this area (.25 FTE) · Direct staff to pursue this project in preparation of the annual budget process. 7b) (Expense/Cost Savings Focus) would consist of the following: 1. Identify opportunities of cost contairiment through changes in levels of s€~rvkes, cost containment or efficiencies 2. Evaluate opportunities to determine feasibility, cost-benefit and priority 3. Develop strategies for implementing changes 4. Implement accepted strategies 5. Review and update annually. Estimated Costs Although an independent task force may be able to do much of this project, I believe it differs from the revenues project in that so much of this is reliant on internal business. experts to provide data, answer questions, evaluate options, design strategies and perform implementation. This means, for any group to evaluate things discussed, it will require significant participation of staff. Unless there are available hours from departments to work on this, the cost for this action will be the value of delayed or cancelled work. Personnel time I would estimate that there could be 16 hours of the managerial time spent on this each month the task force operates. Managers would have to review output of the group and respond to inquires and then work with their business experts to evaluate the cost and benefit of proposed changes. Depending on the number of changes and the complexity of their implementation, the cost of the work or "shifted tasks" could be considerable. Page 30 of 43 Other projects/policies not tied to Goals 1. Establish Public Safety Commission Responsible Department: Police Resolution prepared and awaiting submission to council. Suggest that council defers until after PERF report received and evaluated. Estimated budget for commission: $1500 Staff time can be absorbed in baseline: tasks. 2. Do systematic neighborhood review for safety improvement opportunities Responsible Department: Police Will provide response at February 10 Session. Secondary Department: Fire a) Review all neighborhoods within the Urban-Wildland Fire Zone for compliance with Fire-Wise domestic vegetation recommendations. b) Survey all neighborhoods for compliance with fire department emergency access requirements, ie: street & alleys, parking, encroachments, other clearance:s. c) Review all buildings for compliance with maintenance requirements for fire sprinklers, standpipes and connections, and alarm systems. d) Review all neighborhoods for compliance with Oregon Fire Code requirements for storage of Hazardous Materials, combustibles, Liquefied Petroleum Gas and processes associated with home-based businesses. e) Inspection of eating, dining and drinking establishments throughout the City that experience peak occupancy during holiday events, ie: Halloween, Festival of Lights, etc. Estimated Costs: Material costs would not be significant. Personnel Time: This goal could not be accomplished with current staff and would requin~ 1.0 FTE at an annual cost of $80,000 salary & benefits. Primary Staff: Fire Marshal, additional Fire Inspector FTE Third Department: Public Works Will provide response at February 10 Session. Page 31 of 43 3. Charter Review Process Responsible Department: Administration Administration's understanding of this project is to continue providing information to the council until council decides to place the issue on the ballot or table the project. For planning purposes we anticipate this project to be completed this fiscal year. Estimated Costs $5000 (ballot measure language) Personnel Costs 10% staff time for remainder of fiscal year. Primary Staff Management Analyst Alternatives None 4. Complete Land Use Ordinance update Responsible Department: Community Development Will provide response at February 10 Session. 5. Formalize "Meet the Mayor" program. Costs and Structure? Responsible Department: Administration Administration's understanding of this project is to facilitate and structure a means for the general public to meet with the Mayor in an informal setting four times per year. Estimated Costs $3000 (space rental, advertising, refreshments, printed materials) Personnel Costs 5% of 1 person for 2 years. Primary Costs Management Analyst Alternatives ? Page 32 of 43 6. Formalize "Town Hall" program Responsible Department: Administration Admin is unclear as to what this means Estimated Costs Personnel costs Primary Staff Management Analyst Alternatives 7. Infrastructure management is adequate. Streets: maintenance needs. They will be coming to council to describe more fully in March. Drainage across private property... how to deal with these Responsible Department: Public Works Will provide response at February 10 Session. 8. Meshing commission and council goal-setting. Assumption ofstaffavailable for committees and commissions ... clarify this Responsible Department: Community Development Will provide response at February 10 Session. 9. Homeland Security issues Responsible Department: Police Identify through council liaison scope of council's interest & mechanism to make reports. No additional cost. Can be handled in baseline tasks. Page 33 of 43 '" I Existing Goals Carried Over 1. Produce a working economic development plan Responsible Department: Administration Understanding of Existing Goal Administration's understanding of this item is to create community discussion to determine community goals for economic development resulting in an economic development plan which focuses on the economic development activities/desires within the community. Estimated Costs $5000 (community meetings, advertising, outreach, data capture/compilation) Personnel Costs 20% of 1 person for 1 year. Primary Staff City Administrator Alternatives Role this item into new council goal #1. 2. Continue to provide information to the community and foster discussion on growth and planning issues, with an emphasis on historic preservation, annexation requirements, State land use law, infill policy and impacts related to density, rate of growth, development standards, and processes. a) Refine and create program to educate the public about State land use laws and what the City has done to slow growth b) Review in-fill program as it relates to already densely populated neighborhoods. Responsible Department: Community Develooment Will provide response at February 10 Session. Page 34 of 43 '" I 3. Complete revision of downtown plan Responsible Department: Community Development Will provide response at February 10 Session. 4. Establish formal public involvement policy by 2006 a) Increase the level of effectiveness with which the Council and Commissions influence planning policies and challenges and increase public acceptance and engagement in directing the City's urban landscape b) Results in a process that meets LCDC Goal #1 Participation Goal Requirement to increase public acceptance and engagement in directing the City's urban landscape Responsible Department: Community Development Will provide response at February 10 Session. 5. Complete Riparian Ordinance Responsible Department: Community Development Will provide response at February 10 Session. 6. Adopt dark sky Ordinance to reduce light pollution on public and private property Responsible Department: Community Development Will provide response at February 10 Session. Page 35 of 43 ,. I 7. Develop urban forestry plan Responsible Department: Community Development Will provide response at February 10 Session. 8. Improve public trails system by developing a comprehensive trails plan that addresses minimizing public and private conflicts in cooperation with the Parks Commission. a) Include Bear Creek Greenway (dog park to Mountain Ave. park). Plan should discuss range of tools to obtain access and ways to estimtzte construction costs and costs to obtain easements b) Secure a method ofmaintaining the current level of access, natural beauty and value of Bear Creek Greenway c) Research funding source Per New Council Goals: Modify - funding source maintenance green plan Responsible Department: Community Development Will provide response at February 10 Session. 9. Develop a comprehensive public transportation, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's quality of life a) Secure expanded bus service in Ashland for evenings and/or weekends b) Evaluate TTPC Plan and develop action plan for items adopted. Responsible Department: Administration Understanding of Existing Goal: Administration's understanding of this project is to develop a comprehensive plan for transportation, traffic and parking and develop an action plan for TTPC items. Estimated Costs $2000 (printing) Personnel Costs Page 36 of 43 10% of 2 persons for 2 years. (Likely a combination of Admin staff and Public Works staff) Primary Staff Management Analyst and Public Works Alternatives This item relates directly to the project/priority/policy association with new GOAL Secondary Department: Public Works Will provide response at February 10 Session. 10. Evaluate and create a plan for re-model/replacement of City Council Chamber (seating, sound, design, Web access) Responsible Department: Administration Understanding of Existing Goal: Estimated Costs $30,000 (Architectural concept CIP for FY06) $300,000 (Construction CIP for FY2008) Personnel Costs 5% of 1 person for five months. Architectural concept will be completed this fiscal year. 10-20% of 1 person for one year Depending on construction/implementation Primary Staff Management Analyst Alternatives None Secondary Department: Public Works Will provide response at February 10 Session. Page 37 of 43 11. Increase safety at Wimer Street/North Main/Hersey Street Inetersection Responsible Department: Administration Administration's understanding is funding must be found to accomplish needed safety improvements to this location. Estimated Costs Minimal (construction, engineering, ROW acquisition is separate) Personnel Costs 5% of I person for I year. Admin staff attends MPO tech meetings and has made a proposal to RV ACT for $ I. I million for this project. Primary Staff Management Analyst Alternatives None Secondary Department: Public Works Will provide response at February 10 Session. 12. Enhance water supply and conservation to meet targets a) Develop citywide focus "the right water for the right use" b) Explore and potentially develop 3- year plan to improve and extend our current TID system c) Negotiate for other water supply options d) Complete pre-design plan for future extension of TAP water line, including priority for conservation e) Pursue water quality and temperature improvements Responsible Department: Public Works Will provide response at February 10 Session. Page 38 of 43 13. Develop a five-year plan to identify, fund and fully integrate all information technology functions within the organization Responsible Department: Public Works Will provide response at February 10 Session. Secondary Department: Computer Services Will provide response at February 10 Session. 14. Establish stronger, formalized role for City in stewardship of entire Ashland Watershed a) Pursue ways to reduce risk of stand-replacing fire in watershed (Municipal and Federal lands) b) Improve the overall management of the Ashland Watershed by working with the Forest Service and continue efforts to reduce the wildfire threat in the watershed a. Lobby for $$$ b. Collect water quality/quantity source data c. Continue community wildfire protection plan d. Review relationship with Mt. Ashland / Ski Area e. QAQC f. Promote and support, with City resources, the implementation of the Ashland Forest Resiliency Community Alternative in collection with Ashland Ranger District of the Rogue Rive'r National Forest Responsible Department: Fire Understanding of Existing Goal a) Propose amendments to USFS I COA MOU. b) Development of the Community Wildfire Protection Plan Alternative. c) Creation of AFRCA T committee as technical advisor to USFS For AFR. d) Promote development of monitoring plans for COA I USFS forest lands. e) Development ofa riparian management strategy for COA forest lands. Page 39 of 43 Estimated Costs Material costs have not been significant. Personnel Time City Personnel time to date has been significant with regard to meetings, GIS work and coordination. City Consulting Forester time commitment to date has been approximately $15,000 in billable hours. Primary Staff Fire Chief, Clerk II, Consulting City Forester, Ashland Forest Lands Commission, community members. Alternative None noted. Secondary Department: Public Works Will provide response at February 10 Session. 15. Develop performance measures program for all City departments Responsible Department: Finance Understanding Existing Goal This is an ongoing goal and project since 1999 but deserves more time and energy than it is getting. Currently it is scheduled for concentrated effort in the coming budget year. The expectation is that meaningful measures, reported on in a timely fashion, will help in decision making and result in cost savings or added support by the public. Elements of performance measures are presented in the annual budget document but no program that incorporates all departments has been formally adopted or developed. Such a plan will require dedicated staff time from each department (including a project manager from Finance) to identify meaningful measures, develop targets, criteria and methodologies, and organize the program so as to: 1. Identify meaningful areas to measure and the metrics that are important. 2. Report on at least two years of actual performance for each measure. 3. Estimate short-term (and possibly long-term) targets. 4. Monitor performance compared to targets. 5. Make adjustments in operations to meet targets. 6. Monitor impacts of adjustments or improvements. Page 40 of 43 Performance measures are best when they are meaningful to the department AND the reader and they come from base operations requiring minimal additional work to monitor and report upon. Estimated Costs Most of this program must be accomplished through internal staff and changes in priorities. However, shifting workloads will have a cost implication that may best be quantified by the department having to delay or forget doing certain projects in tOlvor of developing and managing performance measures. Internal cost could be in the $25,000 per year range. An expectation is that the ClOst ofthe time and expenses invested will yield equivalent or better benefit. Personnel time I believe a lead person in this area could spend up to 25% of their time developing, implementing, and reporting on this program in the first year. Subsequent years would require less time ofthe coordinator and added time from each department. Since much ofthis work requires advanced accounting, spreadsheet and report writing skills and training, my estimate is $22,500 in direct personnel, benefit and training costs in the finance department the first year and $10,000 in each following year of maintenance and upgrade. For discussion sake, costs for other departments to participate in development during the initial year and to take over management in subsequent years would be the reverse to Finance Department costs, on average. The first year would be approximately $2,500 and grow to $15,000 per year for all other departments combined. Alternatives In 1998 a consultant helped the city develop some performance measure goals that lost momentum once the expert stopped and key staff left. As stated above, the city needs to have these as an important priority and take ownership for the measures to be done and maintained. The city can: · Continue to develop these in the budget process as time allows. · Invest sufficient funds to develop a program, trusting that the benefit derived will surpass the cost. · Wait I to 2 years for organizational changes that may provide discretionary time in Finance and other departments to work on this in earnest. · Stop allocating resources. Page 41 of 43 16. Implement no-cost and low-cost strategies within the Health and li'uman Services Plan in partnership with service providers that aid in the delivery of services to people most in need Responsible Department: Administration Understanding of Existing Goal Admin understanding of this item is that the council would like the City to implement a means of assisting those in need by compiling all the various sources of assistance into an easily understood and useful single information piece for distribution. Estimated Costs: Minimal (printing) Personnel Costs: Minimal (research, contacting other agencies etc.) Primary Staff: Management Analyst Alternatives: ? 17. Plan and implement a 6-12 month City-wide community visioning process Responsible Department: Administration Understanding of Existing Goal Admin understands this goal to mean a thorough and comprehensive process which engages all levels of citizenry in order to identify community values and then to prioritize actions. Estimated Costs $200K-$250 (based on Tualitin, population $25,000. Initial requirement was $250K, council approved $200K; $150K for process and $50K for advertising, outreach etc. Per Tualitin, "$150K is a bare bones process relying heavily on volunteers and low-te:ch methods") process involves surveys, public outreach, citizen meetings, consultant assistance, data gathering/compilation etc. Personnel Costs It is likely that a project of this scope would require dedicated stafftime of about 30% of 1 person for two years. Page 42 of 43 Primary Staff Management Analyst Alternatives Council might consider trying to accomplish this objective on a smaller scale by using a citizen survey and designing the survey tool accordingly. This might cost $25K -- $30K and require dedicated staff for a much shorter period of time. Possible bring in other partners to help shoulder the costs, Hospital, SOU, Parks, Chamber etc. Page 43 of 43 f} Huc.-l~r C .~~v...,....e.....J ~ , ~ "'~~ ~ ~~;wv''n cr; ~ bt~olO ~.r~. Council Goal Settine: 2007 . Index Title I. Goall "community growth" Page 2 II. Goal 2 "workforce housing" 3 III. Goal 3 "economic base" 4 IV. Goal 4 "downtown vitality" 5 V. GoalS "energy & resource independence" 6 VI. Goal 6 "emergency response" 7 VII. Goal 7 "fiscal responsibility" 8 VIII. Other Projects/Policies - Not Tied to Goals 9 IX. Existing Goals Carried Over · Establish formal public involvement policy · Complete Riparian ordinance . Adopt Dark Sky ordinance · Develop urban forestry plan · Improve public trails system · Develop comprehensive public transportation plan · Remodel/replace City Council chambers · Increase safety at Wimer Street/North Main/Hersey Street Intersection · Enhance water supply and conservation · Develop performance measure program for all City departments · Implement no-cost & low-cost Health and Human Services plan · 6-12 month City-wide community visioning process 10 X. Budget Considerations · Fiscal Year 2007 . Fiscal Year 2008 12 Page 1 of 12 Goal #1 Effectively use, clarify, and establish community growth, includingjobs and housing. Use management strategies to resolve competing values and opportunities. Priorities/policies/project (2 years) a) Review annexation and re-zoning. Achieve desired energy efficient results of annexation. b) Define "family friendly" housing and give suggestions for accomplishing c) Define "density bonuses" and effective use of it d) Identify and correct ways that City inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designations) e) Training for Council, commission members, and volunteers about comprehensive plan f) Review in-fill policy for possible alternative strategies to accomplish or mitigate From Feb 10 Meeting: Council agreed to absorb the intent of this goal as much as possible during ongoing business. They will defer all other portions to beyond Fiscal year 2008. With the exception of"e" which will be done in Fiscal Year 2008. There was a vote on whether "f' should be on the list for this biennium: 4 - yes, 2 - no. Page 2 of 12 Goal #2 Assist in the development of workforce housing, with the goal of gaining at least 200 units by 2010. Priorities/policies/project (2 years) a) Establish a housing trust fund b) Identify public/private/other agency partnerships c) Establish employee-housing or employee assistance programs. Alternative cost, trade-offs d) Review salaries/policy of employees relative to Ashland housing costs e) Conservation opportunities; what and how much can we accomplish with our 200 units f) Implement land use code changes relative to implementing this goal From February 10 Meeting: Council agreed that this goal can be accomplished as long as very few tasks are added, allso includes a significant reduction in regional involvement. This starts immediately and is ongoing. Change the number of units in the goal statement. (Bill suggested 125), Check with John, Bill will check on this also. "f' added. Page 3 of 12 Goal #3 Expand. broaden, and preserve the economic base with year-round employment and family-wage jobs Priorities/policies/projects (2 years) a) Establish a City economic development commission, alternative strategies for accomplishing b) Identify/recommend policy for point-of-contact with City for economic development c) Identify opportunities for partnership to accomplish economic base expansion, etc. d) Include significant involvement of citizens and diverse stakeholders in "old" action item #1 i.e. produce a working economic development plan) From February 10 Meeting: Administration, with an ad hoc commission, will take on Economic Development Plan in this Biennium. Implementation is dependant upon recommendations and future Council decision (b, c, d under Priorities would be part of Commission's charter.) Page 4 of 12 Goal #4 Emphasize the vitality of the downtown area Priorities/policies/projects (2 years) a) Master Plan: Initially lower than land-use ordinance review and Goal #2. Ifthis stays lower priority (see table), seek funding mechanisms early, to facilitate later planning. From February 10 Meeting: Updating code, downtown plan (contingent on funding), land-use ordinance update - which is higher priority? Downtown Goal # 2 Housing Land use Alex 3 2 1 Kate 3 1 2 Cate 3 1 2 Russ 3 1 2 David 1 3 2 Jack 1 2 3 Page 5 of 12 Goal #5 Move towards energy and resource independence Priorities/policies/project (2 years) a) Develop "game plan" for meeting 2% per annum target b) Identify opportunities and/or incentives for conservation measures such as: zero-net-I~nergy project; earth-advantage; commercial building (energy efficient); retrofitting c) What's the next step up in green fleet measures? d) What are obstacles and opportunities for weekend services, including services to Medford, etc? e) Evaluate City facilities for energy conservation and costs to improve f) Evaluate opportunities fOT being more conservative in water use (Right water, right use). Beyond 2050 plan? From February 10 Meeting: Dynamic tension between cost efficiency and independence (includes a, be, e, and part of f) Staff will frame discussion ideas for Council to give direction to Conservation Commissilon. "c" study in Fiscal Year 2008 and imple~ent after that. "d" watch for this in other goals "f' watch for this in other goals: Existing goad #12 and others Page 6 of 12 Goal #6 Improve the City' ability to prevent, respond to, and maintain services in the event of emergencies Priorities/policies/projects (2 years) a) Develop long-term funding strategies for CERT and equipment b) Compile "lessons learned" from drills; recommend policies as necessary c) How can we help Forest Service with fuels-reduction in watershed? Funding/project support. d) Continue #19 on "old list" (i.e. establish stronger, formalized role for City in stewardship of entire Ashland watershed From February 10 meeting Fit 6a into budget if possible. Page 7 of 12 Goal #7 Provide for fiscal responsibility by identifying, maintaining and establishing future revenue sources. Seek and implement cost savings Priorities/policies/projects (2 years) a) Establish task force or to evaluate future funding/revenue opportunities. (e.g. food and beverages) b) Do a city-wide services assessment (not likely to be done until after Fiscal Year 2008 unless other resources are identified). From F ebruarv 1 0 Meeting: See changes to priorities above. Page 8 of 12 Other projects/policies not tied to Goals 1. Establish Public Safety Commission Will be presented to Council within a couple of months 2. Do systematic neighborhood review for safety improvement opportunitles Keep this without priorities attached to it 3. Charter Review Process Moving fOlWard 4. Complete Land Use Ordinance update Ongoing 5. Formalize "Meet the Mayor" and "Town Hall" programs. Costs and Structure? Will be done, absorb in base program of work 6. Infrastructure management is adequate. Streets: maintenance needs. They will be coming to council to describe more fully in March. Drainage at.:ross private property ... how to deal with these To Council in March. 7. Meshing commission and council goal-setting. Assumption. of staff available for committees and commissions ... clarify this Council will be looking at all commission structure - advise commissions that they have impact on staff time. Page 9 of 12 Existing Goals Carried Over 1. Establish formal public involvement policy by 2006 a) Increase the level of effectiveness with which the Council and Commissions influence planning policies and challenges and increase public acceptance and engagement in directing the City's urban landscape b) Results in a process that meets LCDC Goal #1 Participation Goal' Requirement to increase public acceptance and engagement in directing the City's urban landscape Send to Planning Commission 2. Complete Riparian Ordinance Status report - Update and what will it take to complete. 3. Adopt dark sky Ordinance to reduce light pollution on public and private property David will research this and develop it. 4. Develop urban forestry plan After Fiscal Year 2008. By this time next year, Tree commission will have a report on this. 5. Improve public trails system by developing a comprehensive trails plan that addresses minimizing public and private conflicts in cooperation with the Parks Commission a) Include Bear Creek Greenway (dog park to Mountain Ave. park)" Plan should discuss range of tools to obtain access and ways to estimate construction costs and costs to obtain easements b) Secure a method ofmaintaining the current level of access, natural beauty and value of Bear Creek Greenway c) Research funding source Per New Council Goals: Modify -funding source maintenance green plan May be federal funding for this through transportation funding... Public Works project? Update what's been done, and fe-write. Needs more clarification to identify trade-offs. Page 10 of 12 6. Develop a comprehensive public transportation, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's quality ofl~fe a) Secure expanded bus service in Ashland for evenings and/or weekends b) Evaluate TTPC Plan and develop action plan for items adopted. Coming to Council in Study Session in May. 7. Evaluate and create a plan for re-modeVreplacement of City Council Chamber (seating, sound, design, Web access) In process 8. Increase safety at Wimer StreetINorth Main/Hersey Street Inetersection In process 9. Enhance water supply and conservation to meet targets a) Develop citywide focus "the right water for the right use" b) Explore and potentially develop 3- year plan (0 improve and exte'nd our current TJD system c) Negotiate for other water supply options d) Complete pre-design plan for future extension of TAP water linl~, including priority for conservation e) Pursue water quality and temperature improvements In process 10. Develop performance measure~ program for all City departments Later 11. Implement no-cost and low-cost strategies within the Health and Human Services Plan in partnership with service providers that aid in the deliver)' of services to people most in need Underway 12. Plan and implement a 6-12 month City-wide community visioning process Will come in Budget Discussion. Page 11 of12 Budget Considerations Fiscal Year 2007 · Goal 2 and ongoing. Salaries in Fiscal Year 2007 · Goal 3 Commission, following the charter review process · Goal 2f and ongoing · Goal 5e · Goal 7a Fiscal Year 2008 · Comprehensive planning training (Goal 1 f) · Green fleet "big" items in Fiscal Year 2008 and implementation after that (Goal 5c) Page 12 of 12 ~f}It~~ D: ~VlCO'V'I\.S ~\) ei.uL Qy\ S J;~ --I' DI./' Jo 1- {b"-f1 (..J-I 0/ ~"'T- ~ II - COv-'lc.du/ ~ ~/d.L5~ Page 0 2 3 4 5 6 7 8 9 10 Council Goal Settine 2007 Index Title I. Goall "community growth" II. Goal 2 "workforce housing" III.Goa13 "economic base" IV. Goal 4 "downtown vitality" V. GoalS "energy & resource independence" VI. Goal 6 "emergency response" VII. Goal 7 "fiscal responsibility" VIII. Other Projects/Policies - Not Tied to Goals IX. Existing Goals Carried Over · Establish formal public involvement policy · Complete Riparian ordinance · Adopt Dark Sky ordinance · Develop urban forestry plan . Improve public trails system · Develop comprehensive public transportation plan · RemodeVreplace City Council chambers · Increase safety at Wimer StreetINorth MainlHersey Street Intersection · Enhance water supply and conservation · Develop performance measure program for all City departments . Implement no-cost & low-cost Health and Human Services plan · 6- I 2 month City-wide community visioning process X. Budget Considerations . Fiscal Year 2007 · Fiscal Year 2008 12 Page I of6 Goal #1 (unease the Cih 's use of existinl! manal!ement strate2ies & tools and develop new ones as needed to j'esolve competinf! "alues. .obJcctives a) Review annexation and re-zoning to ensure their effectl\ el1ess 1IJ Illt't"tin!! eSl<Jblished Ci!\ Pli01itic\ b) pev~lop standards for "family friendly" housing. c) gl'I.'.~~nniJ)e e:0!'iting..density bonus, JilllJ;!}!!.D, ,,,-nsl J.\l:fill policy Jo enSll.I~~JJ~~IUfjl'cll~ncss' ill meeting t'.?laliliibed'!'.:!.!l.prionties: ~l) De\,('loo strJt\;.\!). tilllclmc for upda1iillL1hf..comprehensive plan Goal #2 Assist in the development of workforce housing, with the goal of gaining at least 200 units by 2010. pbiecti\c~ a) Establish a housing trust fund J:!) Establish employee-housing or employee assistance programs1ill:S~IlL.rJ!.1plo\'t't~s. . ~) Review salarie!i,andpoli~,fQI Cilvemployees relative to Ashland housing costs g> Deve tQJUl..l1!J~':S2.'iJ.Qr.I~1.!.lilil('11 n~~ cQ~,.!iQt'11 c:J}L'Wg.h:~is tlf.t:n t"r~ con sc rv J lLt:01Li!1.~ITorda b Ie housim! units ~ Identifv Jand use code changes relative to implementing this goal Goal #3 j)evefop a \\'orking Economic Development Plan ,Qbicctive,s a) Establish a City Economic12evelopment.<,,:ommission, b) Ensure that the Plan ('onlains: ~ Establ,1iilll~~ipolicy for point-of-contact with City for economic development.lnquiries )dentilies opportunities for partnership to accomplish economic base expansion, . SilmifiC:Jntinl()IHrn~nt of cilizen~,and diverse stJkehoJder~ · ,.'3tratt"llies to ensure appropriatt" Cit\' slliWQl1-'2.f..PJlsiness otlPortuniti~indudim1. Inventor\' and :\nalvsis of special dt"si!!nations) Page 2 of6 ; Deleted: Effectively use, clarify, and tltablasll community crowtb, including ! jobs and housing_ Use man_geIMnt : st,.tecit~ to resolve comprting valun ',~~~.~~o~~niti..., ; Deleteo~: Lxm . ~~~~~~~~:~ec! __-=-_=~_ ; Deleted:. Achieve c!esiJed energy >:~)Cient ~,~uJ~~~~'=~7~~._ '"'=_.,..~. >-~~:~e:~~,=.., .~" ! Deleteo~: and give suggestions for [~~:~~e~~~"=,"~', , ~ ~~: es:~~~.~~~~",._, i Deleted: and effective use of it >'o.-=r____.......'-...__......~.,.._=....."...............__,..,,"' : Deleteo~: d) Identify and conec. way. ! that Ci'Y inadvertently is an impediment : to busim:ss opportunities (include i Inventory and An.lysis of special ',' i, des~~~~s!!c._,.,_~_,.~L'-"JJJJ . j_~eteo~;.~r~':~ f~_~~~~~!.:. ( ,..El] ~~~: f) Review ":f~!'?!~QW j, ~~~:,~.7~~.~~,L:"'~JJ , :~~~~~.L.!.d~!2:_~.,Jdill ~,~~.: A..!.~~_~~~,:~~~!,.de.oIT5' i Deleteo~: d ~====~=""""==--:-_"'='=~==--=.-"",::,,""::==~ .. : Deleted: I '. .~-====-==o,..."""-=""==~.".-'=.."..,="=,.="',,. : Deleted: y .~..-..............._'"""'~...._-"...=--.~ ...... " Deleted: 0 Deleted: e Deleteo~: 5:~n~~a~~~ ~~ Deleteo~: f ~~:,.~!'~~;'..~_"n \. DeJete~: Expand, broaden,;,~CJ1D l~~.:~~~~_~_r.:[8Tl [ Deleteo~: e .__~""',z."=.,_-=_,'=,..,,.,...._.__~___ . i Deleted: d . ': Deleted: c . '-----" --.--------- ':".:, <;=21~~~~~:~~~~-.~r:;i~ . .[ Deleted:~~~~n~__n"'_' '. i Deleted: c) Identify 0 '- , , 'j Fonnaltted: Bullets and Numbering --- ; Deleted: . <Ie '1' Deleted: , .===-,--~-=.:....".:,=~.=:::,"'O . ,l~: d) lncludesignific~ 1 ~ ~nmlemen~~oD=,1.,_ c::Iilll Goal #4 &vital~ the downtown area I !)~~-:"~i~:;~ Downtown Master Plan. including. consideration oflibrary, restrooms, civic center b) Evaluate/ recommend costs and funding strategies for implementation; I .~) Assess pros and cons of police sub-station downtown. I. Goal #5 Establish realistic tarf!ets and stratef!ies for, reducing energy and resource .dependence on outside sources. .obieClih>S . a) ..\5.'C'i'i.lhl: r~<.lslbil.!1i..Qfmeeting iL2% per annum rCc:JlIcllollln.dl:s:J~Lc:J!li't)ll!illl]illJj(m. ,h) Assess next step in gre.en .fleet~!Qg!am ,f) ~~)n.Q!.IQ.>:.QS1:benelit analvsis for illl.QIovi!1g cllerg\' collsen at ion iLl. City facilities, tjJ,L\.~hi':.'-~:u<l"o'iIn.'d enemy efficient results ofanncxation illOES 'UIIS \lI~'\\.I~,-,!J.!L'~\~J2ollcJ~ 1hat cr,>at_cs l'l1cr~v efticiencv criteria for <.ll1l1l'xations')) I . Goal #6 Improve the City' ability to prevent, respond to, and maintain services in emergency events 2 year Priorities/policies/projects) a) Develop long-term funding strategies for CERT and equipment b) Compile "lessons learned" from drills; recommend policies as necessary !1L ~\nlJ!1ll!~.\!\2trenQ.!.1J~1I ,1 t\)ml,ili~e.!Lnl!~..LQ.d:i!y_~le\'@!SJ!:;!)jI?of i:n)J.I!:.~\s111.'!I}si \\ at!'I'sJl.~~ c) Assess ways to help Forest Service with fuels-reduction in watershed Goal #7 Develop stratc!?\' to assure that the Citv Hudect is Iin:lncialh stable. eSllcciall\' the ten-v ear projection.. ,QMcli,,~~ .. . a) Establish task force or strategy to evaluate future funding/revenue opportunities fur.CiJ::: pn()~!!.I.f,~ b) COJ)duct assessment of city services for OPDOl1unities for cost ~l11d st'r\ in' n:duclion and fee for ser~.i~~ Page 3 of6 t Del~:!c~~"s~~ ~h~. ~~~:I!""""~"",,, l~~?~..,_, _" ; Deleted: tim l.~~oritie~Do.~~~~~~~ ; Deleted: ; , Deleted: e i Deletedl: 0) Commission re-design of ! downtown plaza.' !d , Deletecjl: Imolt1Tltlllation: 1 i If this is low priority, seck funding : mechanisms early. to facilitate later : Deleted: ~ ~~~~~~~~~:~:~~1~._~,..==..:~.~. Fonnatted: Indent; Left: 0", First : line: O. . :~~~~!:...~evel.?!, "gome plan '; Deleted:" for " DeI~~:~J.~~ '; Deleted: b) Identify opportunities and/or mccnrivcs for conserv2hon measw~i. such as: zero-nel-energy pJOjec:l; l~arth-ldv8ntage; cOnuneJcial [ building (energy dlicieTll); rctrofitting1l o Delete~: measures Delete~: d) Assess obslac1cs and . opportunities for weekend services. I including services 10 Medford, etc.' ~._~_.",-.,..=-"-""..,..=...- "'-'_"',,: "'--_""'''':,-~-,-o- Deleted: Evaluate l Deleted: for energy conser-varion and l~~~~:?"~J~~:~=='=""_'_,,,",,__:~"~:"'_''''e~_. [ Deleted: f) Evalua.'e opportunities for ; bemg more ConscrVltlVC tn WltCT use . (Right water, right use). Beyond 2050 '.,..1'.1~1 =~"~~ _~__~~~.~. Deleted: 1I11DlenlClllarion1 : Staff will frlme discussion ideas for ( : C01D1cillO give direction to Consnvarion ~ '!,~~~i~~~~~=,~~~." _.m-L:::.!!~-' , Deletld: d) Continue to strengthen a . . ~ fonnali:~ role for -~:.c;;:JBD : Deleted: Inmlcmcnlation, '. '}it 6a ;,~ budget ifpossible.!.~".=.~.=.. . Deleted: Provide for fiscal ,~po~~~~ly b!~~~~ _ CJilll r DeI~;-~ - , l Priori~~~~~~ctts . ._... ..... I : Existing Goals Carried Over 1. Establish fonnal public involvement policy by 2006 a) Increase the level of effectiveness with which the Council and Commissions influence planning policies and challenges and increase public acceptance and engagement in directing the City's urban landscape b) Results in a process that meets LCDC Goal # I Participation Goal Requirement to increase public acceptance and engagement in directing the City's urban landscape 2. Complete Riparian Ordinance 3. Adopt dark sky Ordinance to reduce light pollution on public and private property 4. Develop urban forestry plan After Fiscal Year 2008. Tree commission will have a report on this in 2007. ****5. Improve public trails system by developing a comprehensive trails plan that addresses minimizing public and private conflicts in cooperation with the Parks Commission a) Include Bear Creek Greenway (dog park to Mountain Ave. park). Plan should discuss range of tools to obtain access and ways to estimate construction costs and costs to obtain easements b) Secure a method of maintaining the current level of access, natural beauty and value of Bear Creek Greenway c) Research funding source Per New Council Goals: Modify - funding source maintenance green plan 6. Develop a comprehensive public transportation, traffic, and parking plan to reduce pollution and congestion, and to improve Ashland's quality oflife a) d) :\SS,'SS obslaclt:s and opportunities for wt'ckend ser"i~~s, .!!l<:;l!!-din!!, sCI\~'5~S.J9 ~1edrord_ f!.~ Secure expanded bus service in Ashland for evenings and/or weekends b) Evaluate TIPC Plan and develop action plan for items adopted. 7. Evaluate and create a plan for re-model/replacement of City Council Chamber (seating, sound, design, Web access) 8. Increase safety at Wimer StreetfNorth Main/Hersey Street Intersection 9. Enhance water supply and conservation to meet targets dl b:aluale npPoT1ullitics for beinl2. more conservative 11l waler Lise (Ri!dll \\.:lIer. 1;l!ht use). B~Y()lill]J!2QJ21~ Page 4 of6 i Deleted: 1 : ImDlem..~' ! Not likel)' to be done until after Fistal ; Ycu 200:~ unless olher resolUCes are >-~;::~E~" ~~,..~"_._~_.~~~_' : Deleted: Othtr projec:tl/policin nol ' ; tied to Gl:>als, :, : I. ESlablish Pub/it Safn)' Commissio""l : 1. Do sysr~","'ic ftftgJrborlrood r,wtw , for sof..,. improvrm."t opportuniti'" J. Chan'rr Rrvirw Procr"" , 4. Comp,frtr Land USL Ordinantr i ..pdat" ; 5. FDrma/iu MMtn ,ht Mil)""" anti "To.,.,,, Jj'IIl/" prolrlllrlS , : 6. J"rrrrflt~ individual commissions' :,~~rlc ~;'J~.~'!.""dJ gDIII.s~~!_ '-- a) Develop citywide focus "the right water for the right use" b) Explore and potentially develop 3- year plan to improve and extend our current TID system c) Negotiate for other water supply options d) Complete pre-design plan for future extension ofT AP water line, including priority for conservation e) Pursue water quality and temperature improvements 10. Develop performance measures program for all City departments 11. Implement no-cost and low-cost strategies within the Health and Human Services Plan in partnership with service providers that aid in the delivery of services to people most in need 12. Plan and implement a 6-12 month City-wide community visioning process Page 5 of6 6J2pendices Budget Considerations Fiscal Year 2007 Goal 2 and ongoing. Salaries in Fiscal Year 2007 · Goal 3 Commission, following the charter review process . Goal 2f and ongoing · Goal 5e Goal 7a Fiscal Year 2008 . Comprehensive planning training (Goal If) · Green fleet "big" items in Fiscal Year 2008 and implementation after that (Goal 5c) Other proiects/policies not tied to Goals I. Establish Public Saldr Commission 2. Do sl'stemotic ndf!.l1borhood review (or so(ell' imp1'OI'emenr oP/Jol'tllllities 3. Charter Rel'ieH' Process 4. Complete Laml Use Ortli1l(lIlce update 5. Formalize "Meet (hI' !llaror" and "Towll Hall" prOf?rams 6. Imef.!.rate indh'idllill commissions' work with council f!.Oal-sel1illf,!, Page 6 of6 Page 2: [1] ~Ieteel cate Hartsell 5/21/2006 2:47:00 PM d) Identify and correct ways that City inadvertently is an impediment to business opportunities (include Inventory and Analysis of special designations) e Page 2: ['2):Deleted Oate Hartsell 5/21/2006 3:04:00 PM Training for Council, commission members, and volunteers about Pi!!ge'~: ra]'DeIeted cate Hartsell S/2:tl2006 3:06:00 PM f) Review in-fill policy for possible alternative strategies to accomplish or mitigate ---Pa~ 2: [4] Deleted ---~-----------cit;Hartsell- ----- 5/21/2006 3:12:00 PM-- 2 year Priorities/policies/project Page.2:[&J;Deleted cate Hartsell b) Identify public/private/other agency partnerships c 5/21/20063:09:00 PM Page 2: [61Deleteel Oate Har:tse" 5/21/2006 3:18:001 PM Conservation opportunities; what and how much can we accomplish with our 200 units ----~ ---------.--------- ----- -"---...----- Page 2: [7'lDelet~ cate Hartsell 5J'2.1/2006 3:30:001 PM Expand, broaden, and preserve the economic base with year-round employment and family-wage jobs Page 2: [f$JDeleteel 2 year Priorities/policies/proiects Page 2: [9] Deleted cate Hartsell , alternative strategies for accomplishing _~m._.____~___ _._.__________,.._~______.__..._...___._._____"_.__.__ Pagei2:p10]Formatted Oate Hartsell 5/21/20063:38:0<1 PM Bulleted + Level: 1 + Aligned at: 0.25" + Tab after: OS' + Indent at: OS' Pag1l22:.[111Deleteel cate Hartsell 5/21/20063:39:00 PM d) Include significant involvement of citizens and diverse stakeholders in "old" action item #1 i.e. produce a working economic development plan) Page 2: [121Deieteel Oate Hartsell Implementation: Administration & ad hoc commission will develop Economic Development Plan in this Biennium. Commission's charter would include b, c, d under Priorities. -.-.-------- --- cate Hartsell 51-21i/'2006 4:13:01~PM cate Hartsell 5/21/2006 3:24:DC:1 PM 5/21/2006 3:33:0<1 PM 5/21120063:44:04) PM Pag~3:. [al;~~1!d Implementation Staff will frame discussion ideas for Council to give direction to Conservation Commission. "c" study in Fiscal Year 2008 and implement after that. "d" watch for this in other goals . "r' watch for this in other goals: Pige.,3: (j.41 Deleted Gate Hartsell 5,.2.-1/,20064:18:00 PM d) Continue to strengthen a formalized role for City in stewardship of entire Ashland watershed Page 3: [15] Deleted Oate Hartsell 5/2-i/20~4:25:00'PM Provide for fiscal responsibility by identifying, maintaining and establishing future revenue sources. Seek and implement cost savings ~irtha B~_n.~tt -_Plan~in_~_~__.~_______ From: To: Date: Subject: "Cate Hartzell" <cate@mind.net> "'Martha Bennett'" <bennettm@ashland.or.us> 5/24/20067:01 :23 AM Planning Martha and John, I would like to suggest and ask for help on a few things. First, there are several people upstate whom I talked with about brownsfields about 3-4 years ago, relative to our potential projects. I think they were brownsfield specialists from DEQ and I have forgotten the other agency. Given that there is a potential that the UP Railroad is not going to be especially receptive to our issues about trucking dirt in and out of the railroad area, and given the fact that they have done this kind of project far more often than we have, I would like to see the City bring in a legal brownsfield specialist to consult with us. I think it's imperative that we not expend any more energy on this project than we have to; the biggest step towards that goal is knowing our rights and responsibilities ahead of time. I expect that once it starts, it's going to run its course pretty fast. I am very disappointed that UP/DEQ don't plan on holding another public hearing. I have not seen anything that resolves my serious questions about the hydrology on and downslope (heavily residential) from the site. Second, I think it's important that we establish and communicate a timeline and plan for filling the vacancies that we have in Comm Dev and Police Chief. I would like to work with you on the process for the latter. Third, Jack and I spent Sunday afternoon working on editing the draft Council Goals. (attached) We signed up for that at goal setting, but hadn't gotten to it until then. It was our intention to suggest a study session on them; if we had to it could happen at a regular meeting, but having worked on them, I think there's enough happening with them that we're best served by the less formal, longer setting. I collected the various files from Integrations and Gino and would like to work with staff or Martha to make sure the Council has all the materials needed from our Jan-Feb meetings to refresh our memories and arrive at a set of goals, ideally prior to the issuance of the final Budget document. Fourth, I assume that we are planning a community reception for Martha, Joe, and the Interim Police Chief that includes a welcome home for Paula. Since my June calendar is filling up (June 14 the DEQ meeting, June 20, the Homelessness Summit in Salem, etc), it would be really great to select the date for that and get it on our calendars. In addition, Jack and I have talked about the Council hosting the next social get-together with department heads. We think it's very important to continue to create venues that foster relationships with staff. Is it possible for Diana to help with that? Since Don Robertson's wife has l,Tloved here, we'll have to find a new venue, but again, given all the changes, I think it would be very helpful. Thanks for your attention to my requests. Please let me know what I need to do to facilitate getting these various requests addressed. -~~ Page 1 i ._~~.:,.....c"'~~"':":''':''''''''''''''._,O'.___~--,_,.J Martha Bennett -' Planr;ir'lg __"_._ ' '_,.~ _ . ",~","""'~_~',"~. . .-'-.____--::...____..____~1.........._..____'_'_'._______~_~__..:.._,~~_ Cate cc: .'John Morrison'" <morrisoj@ashland,or.us>, <council@ashland.or.us> ,~~~~?~ T- r