HomeMy WebLinkAbout2007-0417 Council Mtg Packet
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 17, 2007
Civic Center Council Chambers
1175 E. Main Street
5:30 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660(2)(h).
6:30 p.m. Reception honoring 2007 Ragland Award Winner
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]
11. Executive Session meeting minutes of April 3, 2007
";2. Regular Council meeting minutes of April 3, 2007
VI. SPECIAL PRESENTATIONS & AWARDS
1. Swearing in of New Police Chief, Terry Holderness
2. Announcement of 2007 Ragland Award Winner - Ashland City Band
~3. Mayor's Proclamation of Independent Media Week
14. Mayor's Proclamation of Respite Care Awareness Week
VII. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Approval of Engineering Services Contract Amendment NO.1 for Water Treatment
Plant Process Improvements between the City and Brown and Caldwell (06-02)
3. Annual Appointments to Commissions/Committees
4. Liquor License Application - Ashland Bakery Cafe
5. Declare Vehicles and Equipment as Surplus and Authorize a Public Sale
6. Approval of Sole Source Procurement and Public Contract Greater than $75,000
Small Woodland Services, Inc.
7. Annual Ambulance License Renewal
COUNCILMEETTNGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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
~.o })_______
. F' tReading b.YJ.iUe only of an Ordinance titled, "An Ordinance Amending the
IShland Municipal Code, Adding a New Chapter 1 0.115, Tenant Rights in
{:d~~~ibJ~nVerSion"
2. . t ing byjj)le only of an Ordinance titled, "An Ordinance Amending the
Ashland Municipal Code, Chapter 15.04, Regarding Conversion of Existing Multi-
F' I Units into For-Purchase Housing in Multi-Family Districts"
First Reading b itle only of an Ordinance titled, "An Ordinance Amending the
Ashlan unlcipal Code Concerning Conversion of Existing Rentals into For-
Purchase Housing in Multi-Family Zoning Districts to Provide Additional Incentives,
Contractual Commitment, Density Bonus and Other Voluntary Mechanisms to
Increase Affordable For-Purchase Housing Stocks and Affordable Rental Units in
Multi-Family Zoning Districts"
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. Tripartite Housing Committee Report [15 Minutes)
o on ections with References to City Charter [15 Minutes)
First Reading by tit only of an Ordinance Titled "An Ordinance Amending AMC
o pp Y Ethics Provisions to Employees, Appointed Officials and Elected
Officials" [30 Minutes)
XI. NEW AND MISCELLANEOUS BUSINESS
XII.
~1.
~/
~
2.
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Information on the City Website Relating to the Charter Ballot Measure
XIV. 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 (ITY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CII/\NNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASI-ILAND.OR.US
ASHLAND CiTY COUNCiL A1EETfNG
APRIL 3. ]007
PAGE f of9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 3, 2007
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
Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
APPROVAL OF MINUTES
Councilor Hardesty clarified Mike Morris' comments captured on page three ofthe March 20, 2007 meeting
minutes were referring to the Tripartite Housing Committee, not the Housing Commission. The minutes of
the Regular Council Meeting of March 20, 2007 and Continued Council Meeting of March 23, 2007 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of Arbor Week was read aloud.
The Tree City USA award was presented to the City. A representative from the Tree Commission noted the
qualifications for receiving the Tree City USA award and commented on a few of the upcoming activities of
the Tree Commission.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Memo regarding Capital Improvement Financing.
Councilor Hartzell requested Item #2 be removed for discussion.
Councilor Hartzell/Chapman m/s to approve Consent Agenda Item #1. Voice Vote: All AYES. Motion
passed.
Councilor Hartzell requested the memo regarding capital improvement financing be provided to the Budget
Committee and clarified the CIP for FY07/08 had been approved by the Council; however they may need to
have additional discussion for the following years.
Councilor Hartzell/Chapman m/s to approve Consent Agenda Item #2. All AYES. Motion passed.
PUBLIC HEARINGS
1. 2007 Community Development Block Grant (CDBG) Award.
Housing Program Specialist Brandon Goldman presented the staff report to the Council and explained the
City has received $212,735 in Community Development Block Grants for the year 2007. Mr. Goldman stated
an application was received from the Rogue Yalley Community Development Corporation (RYCDC)
requesting $32,000 for their Y outhBuild Program that is developing affordable housing on Siskiyou and Park
Street. He added that ifRYCDC's proposal is accepted, this would leave a remainder of$152,000 in CDBG
funds that will need to be applied to eligible users.
ASHLAND CiTY COUNCIL MEETING
APRIL 3.2007
PAGE 2019
Staff recommended Council award $31,190 to R VCDC with the following conditions:
1) that RVCDC develop and provide to the City a marketing plan to recruit YouthBuild participants
from Ashland in that the majority of participants are Ashland residents, and
2) that RVCDC maintain a cost allocation plan for the YouthBuild program to ensure that Ashland
CDBG funds are exclusively used in support of the Y outhBuild Crew that is comprised of a majority
of Ashland residents.
Mr. Goldman stated staff also recommends that the remainder of the funds be retained by the City with the
intention of identifying a CDBG eligible project in support of affordable housing, and to expend these funds
during the 2007 program year. He clarified the remainder of the funds could be coupled with the funds
allocated during the last budget cycle for the acquisition of property for affordable housing.
Floyd Pawlowski, President of RVCDC/Breanna Welburn, Resource Director for RVCDC/
Ms. Welbum provided an explanation of the Y outhBuild Program and stated the program assists up to twenty
low-income high school dropouts each year who are between the ages of 16-24. The YouthBuild Program
provides construction education, life skills training, and job placement for these individuals. She noted
RVCDC is responsible for providing the construction site and a crew leader and explained that this program
meets the City's goal by providing job training and economic opportunity to low income, homeless and special
needs persons. Ms. Welbum stated this project will create six affordable homes on Siskiyou and Park Street
and noted they have already started to begin recruiting in Ashland.
Public Hearing Open: 7:32 p.m.
Public Hearing Closed: 7:32 p.m.
Councilor Jackson/Silbiger mls to approve the award of $31,190 to the RVCDC as outlined by staff
with the noted two conditions. DISCUSSION: It was clarified the motion also includes staffs
recommendation for the remainder of the CDBG funds to be retained by the City and expended on a eligible
program in support of affordable housing during the 2007 program year. Voice Vote: all A YES. Motion
passed.
2. Adoption of a Resolution Authorizing and Ordering the Formation of the Schofield/Monte Vista
Local Improvement District and Adoption of Findings.
Mayor Morrison noted the Council had a Study Session on April 2, 2007 where Local Improvement Districts
(LIDs) were discussed.
Public Works Director Paula Brown presented the staff report and clarified it is the Council's decision
whether to form an LID. She stated that depending on how they count the City's Hargadine Cemetery, there
are 19 lots within the proposed district boundary; with ten lots opposed and nine lots in favor. She explained
this LID has some unique issues and stated it has either 40% in favor, or up to 85% in favor, depending how
they count the lots and whether they count the prior signed in favor agreements that the majority of the
property owners had to sign as a result of the subdividing of their lots.
Ms. Brown stated staff supports the formation of this LID because, 1) it complies with Council's direction to
pave all unpaved City streets, 2) it will address the safety issues cased by the steepness of the street and the
entry onto N. Main Street, 3) it will address the water quality issues caused by the decomposed granite, and
4) it will provide better pedestrian and bicycle access. She acknowledged that this is not a clear-cut case as
half of the neighborhood supports the LID and the other half opposes. She noted Council will need to consider
the prior signed in favor agreements and assist staff is determining how the Cemetery lots should be divided.
Ms. Brown clarified the City would pay 75% of the LID costs, regardless of how the cemetery is counted.
ASHLAND CITY COUNCIL MEETING
APRIL 3. ]007
PAGE 3 of9
City Engineer Jim Olson addressed some of the concerns raised regarding this LID. In response to the claim
that sidewalks are not needed, he stated that pedestrian use must be provided for and stated that the City can
no longer build streets that only accommodate cars. He disagreed with the claim that unpaved streets are safer
in the winter, and stated the City is able to more effectively plow and apply de-icers to paved streets. He also
noted that the City could also apply coarser asphalt or textured concrete when they pave the surface. Mr. Olson
explained that installing curbs, gutters, and storm drains are essential in providing drainage control and
disagreed with the claim that traffic would increase due to the paving of the street.
Staff recommended Council move forward with the formation of the LID to improve Schofield and Monte
Vista Streets, with the assessment of cemetery to be at the discretion of the Council.
Mr. Olson clarified if the resolution before Council is approved, the next step is to design the project with the
assistance of the neighborhood, submit it to bid, and construct it. Once the construction is completed, there
will be a final assessment hearing and at that time assessment would be sent out to the property owners. Ms.
Brown noted that if a lot has more than one assessed unit, the property owner would be charged for one unit at
the time of assessment, but would not be required to pay for the rest of the units until either they subdivide or
sell the property. City Recorder Barbara Christensen clarified that disclosure liens are required to be placed on
the property at the time the LID is formed. She stated the City does not require that the assessment be paid
until the project is completed, however if the property is sold prior to completion, lending institutions often
require that the assessment be paid at that time. Ms. Christensen clarified the three payment options given to
property owners at the time of final assessment. The first is to pay the assessment in full, the second is to sign
an agreement with the City for the lien to be paid off over a ten-year period, with payments due every six
months, and the third is a deferment program for eligible property owners.
Assistant City Attorney clarified this is a preliminary process and disclosure of ex parte contact is not
required. Mayor Morrison stated that it would be a wise to request that any ex parte contact be disclosed at this
time.
Public Hearing Open: 8:09 p.m.
Ex Parte Contact:
Councilor Hardesty stated she is a friend of Austin Brayfield, who is a resident on Monte Vista Street. She
stated that they have talked about the LID, but not the assessment and does not feel that this has affected her
opinion ofthe LID. She also disclosed that she owns a plot in the Hargadine Cemetery. Mr. Appicello clarified
that Councilor Hardesty would not be financially affected by the assessment and therefore does not believe
this is an actual conflict of interest.
Councilor Hartzell stated that she had spoken with Austin Brayfield only to inform her that she needed to
consult with staff and determine the limits of the conversations she could have. She added that she is a friend
of Vance Littleton, who lives within the assessment area.
Mayor Morrison stated he has not had any contact and has only reviewed the letters and emails included in the
packet.
Councilor Jackson stated she has not had conversation with any of the residents, but did canvass this
neighborhood last November when she was running for office.
Councilor Chapman disclosed that he is friends with the Hendrickson's and an acquaintance of Pete Belcastro.
Councilor Navickas disclosed that he has had a conversation with Austin Brayfield, but does not feel this will
influence or bias his decision.
ASHLAND CiTY COUNCIL MEETING
APRIL 3.2007
PAGE 4 019
Art Bullock/Claimed Council's discussion last night during the Study Session was an improper quasi-judicial
authority and requested the Council postpone this hearing. Mr. Bullock stated the Council was bias on nine
different grounds and submitted a document into the public records outlining his claim. He requested Council
postpone and re-notice the hearing, and allow the parties an opportunity to review the ex parte contact and
rebut it prior to any Council discussion.
Mr. Appicello requested the Council incorporate into the record the discussion that occurred last night at the
Study Session. He clarified the questions asked of staff during last night's open meeting is not ex parte
contact. He noted it is not unusual for a City to own property within the assessment district and clarified that
this is not a quasi-judicial hearing.
Councilor Hartzell/Jackson m/s that the Study Session of April 2, 2007 be made part of the formal
record for this action. Voice Vote: all AYES. Motion passed.
The Councilors and Mayor indicated they had no bias and could make objective decisions.
Pete Belcastro/447 Monte Vista Street/Commented on how this issue has divided the neighborhood and
voiced his support for the LID. He noted his neighbors suffering due to the drainage problems and stated the
amount of debris is intolerable and unfair. He stated he was informed a rough surface would be applied to the
bottom of the road and stated this is currently a very dangerous situation because of the slope. Mr. Belcastro
stated more people use the street that do not live there than do, and voiced support for finding an alternative to
LIDs.
Isis and Robert Harrison/44 Schofield StreetN oiced their concerns with the dust problem and stated the
dust blows right into their house and they cannot open their windows in the summer. They stated the school
bus does not use their street and Mr. Harrison stated he had a difficult time getting home during the recent
snowstorms. They voiced their support of the LID in order to improve the neighborhood.
Mary Dutton/255 A valonlTime was given to Austin Brayfield.
Austin Brayfield/400 Monte Vista StreetN oiced concern with holding City Council meetings on holidays
and submitted a statement into the record from Yehudit Platt. Ms. Brayfield questioned why this LID is being
done and stated she prefers the natural and humble character of the neighborhood. She requested the Council
reconsider their blanket paving policy and to look seriously at alternative solutions. She requested that City
staff provide the data that shows cars do not move faster on paved roads and questioned if the debris issue
could be solved in other ways. Ms. Brayfield requested the Council oppose the LID, consider if their
constituents want to spend this much money to pave the roads, and consider individual creative solutions to
address the 10 miles of unpaved roads in Ashland.
Stuart Cotts/lOO Schofield StreetNoiced support for the LID. He stated the street is dangerous and the dust
is horrible. He commented that the dust abatement done every year by the neighborhood only lasts a few
weeks and stated he is looking forward to having a paved street.
Vance Littleton/465 Schofield Street/Stated his house is just below the recent development and stated he
gets a lot of debris. Mr. Littleton stated there is a huge amount of drainage and they need a solution to this
problem. He stated the storm drain efforts by the City did not work and noted that dust and traffic has increased
since the development went in. Mr. Littleton voiced his support for the LID and urged the Council to address
these problems.
ASHLAND CITY COUNCIL MEETING
APRIL 3. 1007
PAGE 5 of9
Sandra Hendrickson/444 Monte Vista Street/Noted there is a huge ditch next to the cemetery that causes
dirt to funnel into her driveway. She commented that the dust abatement done each year only works for a few
weeks, and voiced her support for paving and the installation of storm drains, curbs, and gutters.
Richard Hendrickson/444 Monte Vista Street/Stated that the flooding problem is acute and paving is the
obvious solution. He stated that Monte Vista Street is a muddy mess in the winter and a dusty mess in the
summer. Mr. Hendrickson commented on the safety issues, voiced his confidence in City staff's expertise, and
urged the Council to move this LID forward.
Judith Pentkowski/436 Monte Vista Streetrrime was given to Ed Pentkowski.
Ed Pentkowski/436 Monte Vista Street/Stated he has lived in this neighborhood for over 50 years and
voiced his opposition to the LID. He stated if the lower part of Schofield Street is paved it will become a
"death trap" due to the steepness of the street and its relationship to N. Main Street. Mr. Pentkowski stated
that traffic would increase if the street is paved and requested that all residents who live within this LID be
considered. He stated that every citizen will pay the City's portion of the LID costs and commented on the
taxes that citizens pay that go to the City.
Mayor Morrison explained that Mr. Bullock had already been given three minutes to speak and would not be
allowed to speak again on this issue. Councilors Navickas and Hartzell voiced their objections to not allowing
Mr. Bullock to speak again.
Public Hearing Closed: 9:03 p.m.
Comment was made questioning if there are other ways to mitigate the drainage and debris problems aside
from paving and installing curbs and gutters. Mr. Olson explained that staff has performed several activities to
try to control this, including building 75 ft. of curb and gutter to try to channel the water. He stated the
problem is that the streets are very steep and the water moves so fast it bypasses the catch basins and the curb
and gutter in place. He stated that staff is confident that the full street improvement will solve these problems.
Mr. Olson clarified the developer of the Blossom Hill subdivision paved Sheridan Street, installed curbs and
gutters, and installed sidewalks on one side. He added that the City does not require a developer to pave all
streets leading to their development, just one.
Councilor Hardesty voiced her objection to the cemetery having any votes and requested that any calculation
of percentages of those in favor and those opposed exclude the cemetery property. She also suggested that the
Council wait until the LID Committee is formed before they move forward with this LID.
Councilor Silbiger commented on the City policy to pave streets and the health and safety reasons behind this.
He noted the 85% of property owners who signed in favor of this LID and stated these individuals received a
benefit and the City should take this into account. He also commented on the desire for bicyclists and
pedestrians to be able to use these streets.
Councilor Navickas indicated that he will be voting 'no', and stated that the City has failed to meet its
procedural requirements to offer a fair and objective hearing.
Comment was made noting that the Council is not obligated by law to allow public comment on their
expressions of ex parte contact during the hearing. Mayor Morrison read aloud in the language listed on the
Speaker Request Forms regarding a challenge of conflict of interest or bias.
ASHLAND CITY COUNCIL AfEETlNG
APRIL 3. ::007
PAGE 60f9
Councilor Jackson voiced her support for City policies. She noted the water quality obligations and stated a
storm drain system is a necessary part to accomplish this.
Councilor JacksonlHartzell m/s to approve Resolution #2007-10 with Option #1. DISCUSSION:
Comment was made questioning how they should treat the cemetery. Ms. Brown clarified the City will pay
the same amount either way. She noted Council's options listed in the packet materials and noted that they
could select Option 2 instead, which assesses the cemetery property as one unit. Support was voiced for
accepting Option 2 and identifying where the money will come from. Motion withdrawn.
Councilor JacksonlHartzell m/s to approve Resolution #2007-10 with Option #2 adding that the City
Street Fund, or other appropriate source, will reimburse the Cemetery Fund for the assessment.
DISCUSSION: Councilor Hartzell clarified that the City is paying one way or another, this is really just a
matter of which "pot" the money comes from. Councilor Hardesty indicated that she will be voting 'no' due to
the expense on the taxpayers. She requested that in the future developers take full responsibility for messing
up the driveways below and addressing the other problems that can occur with hillside developments. She
also requested that they prioritize LIDs, especially with streets where children are walking to school. Roll Call
Vote: Councilor Silbiger, Hartzell, Chapman, and Jackson, YES. Councilor Navickas and Hardesty,
NO. Motion passed 4-2.
Councilor Hartzell/Chapman m/s to approve Findings on Schofield/Monte Vista LID. Roll Call Vote:
Councilor Navickas, Silbiger, Hartzell, Hardesty, Chapman and Jackson, YES. Motion passed 6-0.
PUBLIC FORUM
Pam Vavra/2880 Dead Indian Memorial Road/Spoke regarding HB 2761 and noted the support of Peter
Buckley for this bill. She explained if the bill passes, it would expressly permit communities to adopt Instant
Run-Off Voting and stated the purpose of the bill is to provide the counting rules. Ms. Vavra requested the
Council consider passing a resolution in support of this bill and provided copies of a proposed resolution to
the Council.
Councilor Hartzell/Navickas m/s to place this item on tonight's agenda. Voice Vote: Councilor
Navickas, Jackson, Silbiger, Hartzell and Hardesty, YES. Councilor Chapman, NO. Motion passed 5-1.
Art BullockIVoiced concern that the City voted on the LID decision at 9:37 p.m. He also spoke regarding
Measure 15-76 and stated the City Manager Amendment is not supported by Senator Alan Bates,
Representative Peter Buckley, County Commissioner Dave Gilmore, former Congressional Representative
Les AuCoin, and former County Commissioner Jeff Golden. Mr. Bullock stated this amendment would
remove accountability and transparency and does not believe this change would benefit Ashland.
Steve Ryan/657 C Street/Spoke regarding the Rogue Valley Transportation District (RVTD) and noted he is
the student representative for Southern Oregon University. Mr. Ryan commented on the need for the City to
assist in keeping RVTD operating.
Ambuja Rosen/Questioned whether the closure of the library is more important than that anti-tethering
ordinance she has proposed. Ms. Rosen stated she will miss the library more than most, but feels that it is more
important for dogs, cats, horses and other domesticated mammals to be able to walk. She stated the issue of
animals needing to be freed from their chains is much more pressing than the City's need to keep open the
library. Ms. Rosen's submitted her written testimony into the public record.
Mark Meninger/1362 Quincy Street/Spoke regarding the tethering ordinance and stated that the
community has spoken on this issue through the petitions submitted by Ms. Rosen. Mr. Meninger commented
ASHLAND CITY COUNCIL A1EETING
APRIL 3. 2007
PAGE 70f9
on the benefits of animals in our society and urged the Council to adopt an anti-tethering ordinance.
Councilor Hartzell/Chapman mls to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Brady DeForest/900 E. Main Street, Medford/Announced that April is "Sexual Assault and Awareness
Month" and commented on the awareness activities of the Sexual Assault Awareness Committee at
Community Works and the resources available to those affected by sexual assault.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading of a Resolution titled, "A Resolution Transferring Appropriations Within the 2006-2007
Budget."
Administrative Services Director Lee Tuneberg presented the staff report and explained there are instances
that require for appropriations to be moved around. He stated staff is recommending the following transfers of
appropriations: 1) move $100,000 to the Cable Television fund from the Customer Relations/Promotions
Fund to cover the costs due to an extension of the working cable television, 2) move $34,200 from the Central
Service Fund to the Legal Division to cover expenses for outside and contract legal services, and 3) transfer
$75,000 from the HR Division to the Central Service Fund to cover expenses for recruitment, staffing, and
outside legal counseL
Councilor Navickas/Jackson mls to approve Resolution #2007-12. Roll Call Vote: Councilor Jackson,
Hartzell, Navickas, Chapman, Hardesty and Silbiger, YES. Motion passed 6-0.
2. Second Reading by title only of an Ordinance Titled "An Ordinance Amending Sections 10.30.005,
10.30.020 A. and 10.30.030 A. of the Ashland Municipal Code Addressing Outdoor Burning and
Requirements for Permitted Fires."
Fire Chief Keith Woodley noted that Division Chief Margueritte Hickman has prepared six options for
Council consideration. Ms. Hickman noted a correction that needed to be made to the information contained
in the packet materials; the document title AMC Chapter 10.30, Controls on Open Burning, Draft Ordinance,
should read Option 5 at top of page, not Option 6. Ms. Hickman reviewed the six options outlined in the
council communication and noted if Option 5 is chosen, staff would return at the next council meeting with an
ordinance for first reading.
Councilor Chapman voiced his support of Option 1, but questioned the term "conducive" should be replaced
with stronger language. Forest Resource Specialist Chris Chambers recommended that the proposed language
be reserved in order to provide some level of interpretation to the staff issuing the bum permits. Suggestion
was made to insert the wording ".. where an owner can demonstrate hardship...", however Mr. Chamber's
stated this would be difficult for staff to determine.
Mr. Woodley clarified that the City does not charge for burning permits, per Council's previous direction.
Councilor Silbiger noted a potential conflict of interest and disclosed that his parents own a home in the
wildfire hazard zone. He voiced support for making it difficult for individuals to obtain bum permits, and
suggested reinstituting a fee that can be used to support a chipper program and/or an education program.
Councilor Chapman disclosed that he also lives in the wildfire zone.
Mr. Chambers cited reasons for why weed burning would be allowed outside the wildfire hazard zone. He
explained that there are areas outside of this zone where weeds are a problem and to the greatest extent
possible, you do not want to transport weeds and their seeds off site if you can avoid it.
ASHLAND CITY COUNCfL l'.1EETlNG
APRIL 3. 2007
PAGE 8 olY
Councilor Hartzell/Silbiger mls to approve Ordinance #2937 with Option #1. Roll Call Vote: Councilor
Navickas, Silbiger, Hartzell, Chapman, Hardesty and Jackson, YES. Motion passed 6-0.
Councilor Chapman/Hartzell mls to authorize the Fire Department to investigate collecting fees for
burning permits. Roll Call Vote: Councilor Chapman, Jackson, Silbiger, Hartzell and Hardesty, YES.
Councilor Navickas, NO. Motion passed 5-1.
UNFINISHED BUSINESS
1. Emergency Shelter Policy.
Management Analyst Ann Seltzer presented the resolution which sets forth the policies and conditions under
which the City would open an emergency shelter due to extreme weather. She explained the policy would
provide for anyone who needed emergency shelter. Ms. Seltzer stated the Congregational Church would
provide the staffing for the shelter, however the City's insurance company has required that documentation be
provided that indicates the staff has received training in the staffing of emergency shelters.
Comment was made questioning the policy of locking the doors at 9 p.m. and suggestion was made for the
Council to provide direction to Police Department that whenever they need to escort someone to the shelter,
that they are acting as a "peace officer".
Councilor Hartzell/Navickas mls to approve Resolution #2007-11. DISCUSSION: City Administrator
Martha Bennett clarified that the nights the City would need to open the shelter are nights where events would
typically be cancelled and does not believe this language will create a conflict. Suggestion was made to leave
the opening of the shelter to the City Administrator's discretion instead of listing a specific temperature;
however, support for voiced for retaining the temperature requirement in the resolution. Roll Call Vote:
Councilor Silbiger, Hardesty, Hartzell, Jackson, Navickas and Chapman, YES. Motion passed 6-0.
2. A Resolution Supporting HB 2761. (Brought forward by Pam Vavra)
Councilor Hartzell/Hardesty mls to approve Resolution #2007-13. DISCUSSION: Councilor Silbiger
voiced his preference to have had this item listed on the agenda and noticed so that the public could have been
given an opportunity to comment. Comment was made that if the motion does not pass, that this resolution be
placed on the next available agenda. Roll Call Vote: Councilor Navickas, Hardesty, Hartzell, YES.
Councilor Silbiger, Jackson, and Chapman, NO. Mayor Morrison, YES. Motion passed 4-3.
2. Tripartite Housing Committee Report
Delayed due to time constraints.
3. 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"
Delayed due to time constraints.
NEW AND MISCELLANEOUS BUSINESS
1. Community Development Planning Organizational Review
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Revision of City Council Rules
Delayed due to time constraints.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
ASHLAND CITY COUNCiL J1EETlNG
APRTL 3.2007
PAGE 9 vf9
John W. Morrison, Mayor
ASHLAND CITY COUNCIL A4EETlNG
APRIL :!. 2007
PAGE 10(3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, April 2, 2007 at 5:15 p.m.
Council Chambers, 1175 East Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 5: 16 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Silbiger, Hartzell, Hardesty, Navickas and Jackson were present. Councilor Chapman arrived at
5:19 p.m.
Mayor Morrison reviewed the agenda and requested Council identify which items on the April 3, 2007
Regular Meeting agenda they would like further information from staff on.
Councilor Hardesty requested they discuss the Schofield/Monte Vista LID, Council Rules, and the Outdoor
Burning Ordinance.
1. Look Ahead Review.
City Administrator Martha Bennett reviewed the items on the Look Ahead. She noted staff will add an
overview of the city attorney selection process to the April 16, 2007 Study Session and staff will also be
adding an Executive Session to April 17, 2007 Council Meeting to discuss pending litigation. Ms. Bennett
noted the items to be covered at the April 17, 2007 Council Meeting include: the swearing in of the new
Police Chief, an update of the ordinance that will need to be amended if the charter measure passes, a public
hearing for the supplemental budget, and the condo conversion ordinance. She stated there will be a Study
Session on April 30, 2007 to discuss parade permit procedures, and the May 1, 2007 Council Meeting will
include the possible appeal of the GlennIN. Main project and a public hearing for the Nevada Street LID final
assessment. Ms. Bennett noted there will likely be an Executive Session on May 1, 2007 to discuss the
selection of the City Attorney and stated staff has tentatively scheduled an update on the PERF Report for May
15, 2007. She also noted the new section listed at the bottom of the Look Ahead document titled "Future
Topics Not Yet Scheduled".
Request was made for staffto add the Transient Occupancy Tax to the "Topics Not Yet Scheduled" section.
2. Discussion of Local Improvement Districts (LIDs).
Public Works Director Paula Brown requested the Council discuss whether they want to continue to use Local
Improvement Districts (LIDs). She noted the packet materials include the historical perspective of LID's in
Ashland, the background of specific LIDs, and information on Resolution 1999-09. Ms. Brown clarified
Resolution 1999-09 indicates the percentages at which the City contributes as the following: sidewalks (60%),
storm drains (75%), street surface (20%), with the engineering and administrative costs split between the City
and the assessment district. She added that due to the rising cost of materials and labor and the assessment cap
included in the Resolution, the City's is currently paying approximately 75% of the LID costs.
Ms. Brown explained that it is up to the Council whether the City should continue with LIDs. She explained if
they decide to stop this process, they will need to reevaluate their policy for paving streets. She added that
depending on the outcome of this policy decision, staff could turn to the Street Financing Task Force to
determine how future street paving could be funded. Ms. Brown noted that there is roughly 10 miles of streets
and alleys within the City. She stated that there are some activities that staff can do to maintain the streets if
they are not paved, but due to the Council's current paving policy, staff does not typically go out more than
ASHLAND CITY COUNCIL lvlEETlNG
APRIL :!, 2007
PAGE:! 0(3
twice a year to grade the unpaved streets.
Ms. Brown clarified the Council is responsible for making the decision on whether to continue with LIDs.
Should they move forward and continue using LIDs, staff s recommendation is to send to the Street Financing
Task Force the finance element only, including: how does the City finance LIDs, what is the cost to the City,
what is that added benefit from the local improvement area, and is the pain of an LID worth the financing the
City receives. She stated the Street Financing Task Force would look at the data and bring a recommendation
to the Council. She added that staff is not recommending that this group look at modifying Resolution 1999-
09.
Ms. Brown clarified Resolution 1999-09 identifies that the assessment is based on the number of potential
units and noted the Planning Department is responsible for computing the number oflots based on the zoning,
infill requirements, and the policies of the Council.
Art Bullock/Suggested the Council separate the issue of should Ashland pave all remaining unpaved streets
from the issue of changing the LID policy. He noted he had conducted a survey and the majority of individuals
felt that the majority of a neighborhood should be in support of an LID before one can be formed. He stated
that the current LID process is broken and noted that individuals with several potential lots can be assessed
large amounts. Mr. Bullock stated that LIDs can create hard feelings amongst neighbors and stated that the
boundaries are a big issue.
Council discussed their preferences on whether to continue with LIDs. Councilor Jackson voiced her support
in continuing with LIDs, but suggested that the resolution could use some refinement. Councilor Navickas
suggested the Council reevaluate their policy for paving all Ashland streets. He stated an LID could be a good
tool when there is a greater percentage of approval in the neighborhood and noted the need to adjust the
resolution to make LIDs fairer. Councilor Hardesty voiced her preference for there to be less emphasis on
LIDs at this time, and recommended that they concentrate on LIDs for areas where sidewalks are needed for
school children. Mayor Morrison commented on the benefits associated with the current policy of paving
streets and recommended they come up with a more easily determinable policy for assessing the LIDs costs.
Councilor Chapman shared his experience with having to pay for the installation of sidewalks and a fire
hydrant in front of his home because the City did not require the developer to put them in. He stated there
elements he does not like about the way LIDs work, however he has not yet figured out a better way to do
things. Councilor Hartzell stated she is in favor of continuing to pave streets, but agreed that the resolution
should be looked at. She recommended this issue not be forwarded to a committee to tackle the policy
questions, and suggested staff provide a list of all LIDs with criteria in order for Council to prioritize.
Councilor Silbiger stated that LIDs are a useful tool, but the resolution needs to be reviewed.
Council consensus was to maintain LID's, but to review the Resolution 1999-09. Ms. Brown recommended
not taking on this project until after the budget season. She stated it is important that the Planning Department
be involved in this process and suggested a Study Session be held in October.
Comment was made requesting that staff prepare a memo on the ideas and concerns that have been brought
forward at tonight's meeting. In addition, request was made for staff to bring forward a recommendation for
an annual target to be spent on LIDs. Suggestion was made for a subcommittee of members of the Council and
Planning Commission be formed to discuss what the appropriate improvements for a neighborhood are.
3. Review of Regular Meeting Agenda for April 3, 2007.
Outdoor Burning Ordinance
Councilor Hardesty questioned if the purpose of the burning of noxious weeds is for wildfire fuels reduction.
ASHLAND CITY COUNCIL A1EETlNG
APRIL :!, 2007
PAGE 30(3
City Administrator Martha Bennett clarified in some cases removing noxious weeds can cause them to spread
and it is beneficial to bum these on site. She noted in other instances it may be difficult to get to an area to
remove the weeds and burning may be the only way to eliminate them. Comment was made noting that a bum
permit is required regardless of whether the property is inside or outside the wildfire reduction area. Ms.
Bennett noted that the Fire Department is recommending a reduction in the amount of burning that can take
place, the question before Council is whether this is enough of a reduction.
Council Rules
Councilor Hardesty voiced her concern with having this on the agenda and stated that there are two elements
that have yet to be resolved. Councilor Silbiger offered a brief explained as to why he believed this item was
ready to officially come before the full Council.
Schofield/Monte Vista Local Improvement District
Councilor Hardesty requested clarification on "half street standards". Public Works Director Paula Brown
clarified half street standards is typically sidewalks on one side, curbs and gutters, and often a curb on the
other side as well. She indicated the developer in question did meet the minimum standards from a planning
standpoint. Ms. Brown clarified the width of Monte Vista Street is not sufficient for sidewalks and there is
only enough width on Schofield Street for sidewalks on one side. She also clarified the potential units
identified for the City's cemetery land were based on the size of the lot (per Resolution 1999-09).
ADJORNMENT
Meeting adjourned at 6:49 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
MEMBERS PRESENT: Richard 'Brock (Chair), Anthony Kerwin, Jim Lewis, Dan Maymar,
Joseph Vaile, Zach Williams
Members Absent: Diane White
Staff Present: Chris Chambers, Nancy Slocum, Pieter Smeenk, Keith Woodley
Non-Voting Members Present: Eric Navickas
Also Present: Kate Jackson, Linda DuffY, Mel Wann
I. CALL TO ORDER: Temporary Chair Kerwin called the meeting to order at 5:37 PM in the
Siskiyou Room.
II. APPROVAL OF MINUTES: LewisNaile m/s to approve the minutes of February 13,2007 as
submitted. Motion passed unanimously.
III. PUBLIC FORUM: None
IV. ADJUSTMENTS TO THE AGENDA: Kerwin suggested moving New Business to the top of
the agenda. Commission agreed.
V. NEW BUSINESS
A. Discussion with Linda DuffY, Ashland Ranger District
Woodley, on behalf of the Commission, asked District Ranger Linda DuffY to update the
Ashland Fire Resiliency Project, speak to ways the City could be involved with AFR and the
possibility of sample prescription marking. DuffY began by introducing Mel Wann who would
be working with DuffY on AFR. She noted that Mollusk and Tree Vole inventories should be
complete by October, 2007.
As stated in her letter to the Mayor and City Administrator dated February 26,2007, as a way
to further collaborative efforts between the City and the Forest Service beyond what is
provided for in HFRA, DuffY proposed a 30 day advance governmental review of the Ashland
Forest Resiliency (ARF) FEIS whereby the City can review the completed FEIS and offer
collaborative feedback to the Forest Service in advance of the formal public 30-day objection
period. She cited the 1929 Memorandum ofDnderstanding (MOD) and believed this
governmental review met the spirit of that MOD. She also recommended the City participate
in a Forest Service sponsored pre-FEIS field demonstration of project conditions and
treatment. The timeline for the field demonstration would be approximately January, 2008.
DuffY said that the Record of Decision (ROD) would include "mitigation measures,"
"monitoring plan" and an "implementation plan." She requested that the City submit
comments describing how these mitigation measures or the monitoring framework could meet
the City's interests prior to the release of the FEIS (October, 2007). DuffY was also open to
ideas regarding methods and sequencing.
Vaile wondered if DuffY would be open to suggestions on marking. He noted that it would
benefit the public especially on the issues of tree size and NSO habitat (canopy).
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ASHLAND FOREST LANDS COMMISSION MEETING
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Navickas asked the status of the Ashland Watershed Protection Project (A WPP). Wann
reported that during the last six weeks they have burned 300 acres of debris piles (300 acres).
They have been underburning as funding and burning windows allow. They plan on burning
an additional 200 acres of hand piling by Fall 2007. Duffy added that the burning will be
finished about the time AFR is ready to implement. The commercial aspects of A WPP will roll
into those of AFR.
Brock asked about revising the Memorandum of Dnderstanding (MOD) as a way to address
the public's concerns about AFR being poorly defined and the desire to understand the project
as it develops. The commission's recent draft MOD included an annual update allowing the
City to comment as needed. In lieu of revising the MOD, would the Forest Service be willing
to include an annual report outlining what work was done, what monitoring would be done as
well as the next steps in the project? Duffy said the ROD, once released, could not be changed
in its scope and methods, but "adaptive management," if included, could include
modifications.
Duffy explained that the Forest Service would look at funding for the project after the resource
work was complete. The funding would be separated to include the commercial aspect, fuel
reduction completed by contract and fuel reduction completed by Forest Service staff. Pile
burning is expected to begin fall of 2008 while tree removal was expected to wait one fiscal
cycle.
Navickas thought fire management had historically lead to an increase in sediment. Duffy said
that would not happen if it was planned correctly. If the two agencies work together, the
needed protections could be provided. This was the time for the city to comment. Navickas
was in favor of revising the MOD. Duffy commented that road building increased sediment,
not forest management. Further, the 1997 slope movement happened where it was expected
and also in areas where there was no management activity. She thought revising the MOD
would not meet the City's needs only the existing relationship.
Navickas thought the Forest Service should assume liability for removing sediment in Reeder
reservoir. Lewis asked Duffy if, financially, the goal of the project was to make money or
break even. Duffy said no. Funding for the ROD would occur in 2008; implementation
funding in 2009. Vaile said that senators and representatives could be lobbied for funding the
project. Duffy said that lobbying could also discourage funding if they believed there could be
numerous delays. Jackson said the City Council was currently lobbying for one million dollars,
but agreed with Duffy that the request had to be framed correctly.
Duffy reminded the commission that Mel Wann had 36 years of experience in fire
management and knew the Ashland Watershed. Wann noted that the fire danger in the
watershed was extreme (can bum in one to two hours). He thought there was no chance to
suppress fire without the AFR project. Navickas wondered about the 9 Yz miles of fuel breaks
completed by Bill Rose in 1992. Duffy said the fuel breaks would be of no help today because
there was no money to maintain them. In addition, since 1992 there have been social/political
changes that discourage the use of fuel breaks.
Lewis asked ifthe Forest Service could give any assurances. Duffy explained that the Forest
Service worked from a federal mandate and the 1929 MOD. The only assurance the City had
would be if they purchased all the land in the watershed. Woodley added that the goal was
"managed" risk rather than "zero" risk.
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ASHLAND FOREST LANDS COMMISSION MEETING
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Duffy asked the commission what the City would do to fill the funding gap (mitigation
measures, monitoring and implementation). Both the Forest Service and the City have funding
limits.
Navickas had concerns about the infrastructure ofthe project. Duffy explained that the
construction of new roads would be limited to 0.2 miles; the balance would be road
reconstruction. This strategy was expected to improve erosion.
Duffy ended by saying that the Forest Service was willing to help, but the collaboration tools
she presented tonight was the limit of what she would do. The Commission thanked Duffy and
Wann for coming.
Jackson asked to meet with a commission subcommittee to explore how the city could fill the
"gap" Duffy spoke of. She would be unavailable in April.
VI. OLD BUSINESS
A. Winburn Management Plan - This item was tabled.
B. Maintenance Needs for Lower Parcel- Marty Main reported that he was currently working on
maintenance (reducing understory ladder fuels) on units closest to the City. He would like to
produce a prescribed burning schedule even though prescribed burning was less controllable.
Main planned on a maintenance schedule of one season's effort every five years. Brock listed
effectiveness monitoring, soil moisture monitoring and tree mortality and growth as evaluation
measures.
VII. COMMISSIONER COMMENTS
Woodley asked the commission to add AFR mitigation measures, monitoring and
implementation recommendations to the April agenda. He reminded the commission that the
plan could not be contradictory to NEP A and USFS contracting requirements. Brock
suggested commissioners look over the monitoring sections in both the DEIS and AFRCA
before the next meeting. Slocum suggested forming a subcommittee to meet separately to work
out the agenda and timeline for the recommendations. Brock, Maymar and Vaile were
appointed. Main would join the subcommittee as a consultant. The date was tentatively set for
April 5 at 4:00 PM at the Standing Stone Restaurant.
Smeenk noted that DEQ had a TMDL limitation on sediment in Reeder Reservoir. There was
a zero load increase above natural conditions permitted.
VII. ADJOURN: 7:30 PM
Richard Brock, Chair
Respectfully Submitted, Nancy Slocum, Clerk
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ASHLAND FOREST LANDS COMMISSION MEETING
Page 3 of 3
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
MINUTES
February 8, 2007
CALL TO ORDER -Acting Chair Mary Pritchard called the Ashland Tree Commission meeting to order at 7:04 p.rn. on February
8,2007 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way,
Ashland, OR.
Commissioners Present Council Liaison
Mary Pritchard Russ Silbiger, Absent
Kelly Cruser
Laurie Sager Staff Present
Steve Siewert Amy Anderson, Assistant Planner
Colin Guiley Anne Rich, Parks Department
Carolyn Schwendener, Account Clerk
APPROVAL OF MINUTES
December 7, 2006 Tree Commission Minutes - Siewert/Sager m/s to approve the minutes of December 7, 2006. Voice vote:
all A YES, Motion passed. The minutes of December 7,2006 were approved as presented.
January 4, 2007 Tree Commission Minutes. First page, second to the last paragraph should read "She suggested to the applicant to err
on the side of spending more money and purchasing bigger plants." Third page under Old Business middle sentence should read
"installation of the dedication plaque and it can be easily seen by the citizens." Sager/Siewert m/s to approve the minutes of January 4,
2007. Voice vote: all AYES, Motion passed. The minutes of January 4, 2007 were approved with corrections.
PUBLIC FORUM
None present
PUBLIC HEARINGS
PLANNING ACTION #2007-00091 Request for Subdivision approval of an eight-lot subdivision consisting of seven lots for
future development and an eighth commonly-owned lot to accommodate landscaping, parking and circulation, for the
properties located at 165 Lithia Way and 123 North First St. Site Review approval is requested for the proposed parking lot
and perimeter landscaping. A Tree Removal Permit is requested to remove four trees six-inches in diameter at breast height
and greater in size. [Note: This application is similar to a proposal under the Performance Standards Options chapter 18.88 on
last month's agenda, but a new application has been submitted for consideration under the Subdivision chapter 18.80.]
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l; ASSESSOR'S MAP # 39 IE 09 BA; TAX LOTS:
10100,11601,11701,9000,9001,9002&9003.
APPLICANT: Archerd & Dresner LLC and Redco Development LLC
Amy reviewed the staff report and explained the project. The Commissioners discussed the Planning Action and agreed to use
all oflast month's recommendations as well as the use of structural soil and tree protection fencing.
The Commissioners discussed a letter from a concerned neighbor regarding the concrete fence in the back of the property. The
neighbor would like to see the concrete fence continue. The Commissioners felt it would be appropriate to encourage the
developer to consider additional screening and to speak with the neighbor in order to come to some kind of agreement. The
Commissioners support the idea of more structurally sound privacy screening.
Recommendations:
1 )That an alternate tree from the Lithia Way recommended street tree list be chosen in place of the Chinese Pistache for the
street trees along Lithia Way.
2)That a conifer be planted in the northwest comer, near the parking area.
3)That street tree grates larger than 4-foot by 4-foot be used, such as 4-foot by 6-foot grates, and that applicant consider state
of the art tree grate options.
4)That structural soil shall be used throughout the project as deemed fit by the project Arborist.
5)That Tree Protection fencing shall be installed around all sides of the all of the parking lot trees and landscaping on the
adjacent City of Ashland parking lot property.
6)That the applicant shall coordinate with Ashland Parks and Recreation Department prior to the removal of any trees and / or
landscaping on the adjacent City of Ashland parking lot property.
7)That all new trees and landscaping shall be protected from construction impacts prior to site disturbance, storage or materials
and building or excavation permit approval at the time of individual site reviews with Tree Protection fencing.
Site Visits and Ex Parte Contacts - All the Commissioners did a site visit.
Applicant testimony -None present
ACTION ITEMS
Annual presentation by Electrical Department - David Wood was not present so no presentation was given.
Re-review of 655 Lit Way -Originally the applicant had supplied a very poor plan that was inaccurate. The applicant has now
provided a new plan prepared by a professional landscape architect. Amy reviewed the plans with the Commissioners. Amy
said that Robbin Pearce has reviewed the plans and everything appears appropriate including the irrigation plan. The
Commissions agreed that the applicant has done their due diligence.
Type 1 Review Sign-Ups
March 8 - Pritchard, Guiley, Cruser
April 5 - Pritchard, Sager, Guiley
May 3 - Sager, Siewert, Cruser
June 7 - Siewert
DISCUSSION ITEMS
Plaza Tree Replacement Event - February 15, 2007 at Noon - Sager will submit a story to the Daily Tidings for the
Backpage article. Included in the article will be an invitation to the planting. Amy also is sending out a press release.
Sager reported that she has ruled out using wood from the Tree of Heaven for Holley's picture frame because the wood is still
drying. Fred Stockwell will have the picture framed and bring it to the planting on the 15th. The Commissioners are meeting
with Bryan Holley on the 15th at the Blacksheep for a send off. They acknowledged that Holley has put a lot of energy and time
into the Tree Commission as well as many other activities serving the community.
Arbor Week/Day Planning - The Commission will be planting a Red Maple in celebration of Arbor Week. Rich commented
that the Parks Department will be removing some Liquid Ambers down from the Remax Realty office which might be an
appropriate site for the planting of the Red Maple. The Commissioners decided to invite the Chamber of Commerce. Amy will
talk with Public Works regarding blocking off the parking spaces and have Ann Seltzer submit a press release. Amy will be in
touch regarding a date and time.
The Commissioners decided that the Tree Walk for Arbor Day was worth doing again. The Triangle Park was suggested for
the walk. Seiwert and Guiley volunteered to do the tree walk on April 28, 2007 at 2:00 p.m.
The Mayor will read the proclamation of Arbor Week on April 3, 2007 at the City Council meeting, held at Council Chambers
at 7:00 p.m. Amy is going to request that ODF does their presentation of the Tree City USA Award the same date.
The Cemetery crew is ready for the installation of the Tree of the Year plaque. Amy will talk with Rocky at the cemetery to
arrange a date and time.
Earth Day Event - The Commissioners agreed to do a booth again this year. They will offer an activity for the children and bring pictures of
all the past Tree of the Year winners. It was suggested to offer Heritage Tree applications at the booth.
Commission Appreciation Event -Amy will be attending and she will have the ISA brochures as well as the Street Tree guides available
for the attendees.
Rotating Chair - Pritchard agreed to Chair the next two meeting for March and April.
2
ITEMS FROM COMMISSIONERS
Liaison Reports - Rich reported that the Parks Department would like to remove some Liquid Ambers on Main Street across
from Nimbus. They have become a safety concern because they are breaking up the sidewalk. Their idea is to remove every
other one, eventually removing the trees entirely and replacing them with Street Trees. Pritchard inquired about rubber
sidewalk.
Rich also reported that the Raywood Ash Trees along Pioneer Street near Shakespeare are growing into the metal grates. The
Commissioners suggested they reuse and recycle the grates after they take them off.
Sager will correct the Street Tree Clearance Graphic.
Rich handed out some information regarding mistletoe.
OLD BUSINESS
Land Use Ordinance Review (Siegel Report) - Mr. Stalheim, Planning Director, said that the Land Use Committee is
working on taking care of the simple items that need corrected in the ordinance fIrst. Sager will bring back the comments to
Amy.
NEW ITEMS
Number of Commissioners - The Commissioners discussed the idea of having only fIve members and felt there was way to
much work for fIve Commissioners. They agreed to a minimum of seven. Amy reported that anyone living anywhere can be
on the Commission. There are no address limitations. Amy will work on a flyer and the Commissioners will take them around
and post them.
Current Balance - $79.39. This money will be used to purchase the picture for Bryan.
Revision of Street Tree Guide -Though Pritchard is not going to be on the Commission this coming year she volunteered to
be part of the sub-committee. The Commission will focus on this after April.
Heritage Tree List - With Amy's help Guiley will work on an article for the Backpage. Guiley will send the article around to
the other Commissioners for their input.
ADJOURNMENT - Commissioner Pritchard adjourned the meeting at 8:40 p.m.
Respectfully submitted by Carolyn Schwendener, Account Clerk
3
Council Communication
CITY OF
ASHLAND
Approval of Engineering Services Contract Amendment No.1 for Water Treatment Plant
Process Improvements between the City and Brown and Caldwell (06-02)
Meeting Date: April 17, 2007
Department: Public Works / Engineering
Contributing Departments: Fi ance / Recorder
Approval: Martha Bennett
Primary Staff Contact: Paula Brown 552-2410
E-mail: brownp@ashland.or.us ~-
Secondary Staff Contact: Pieter Smeenk '552-2413
E-mail: smeenkp@ashland.or.us
Estimated Time: Consent
Statement:
This item requires Council approval to amend the City's Contract with Brown and Caldwell who serves as the
City's engineering consultants for the Water Treatment Plant Process Improvements.
Staff Recommendation:
Staff recommends Council approve the Engineering Services Contract Amendment NO.1 for Water Treatment
Plant Process Improvements between the City and Brown and Caldwell to increase the total cost to $262,337.
Background:
In April 2006, staff solicited consultant proposals on the Process Evaluation for the Ashland Wastewater
Treatment Plant. Four engineering firms proposed on the project and the professional services contract was
awarded to Brown and Caldwell. This project was specifically split into three phases as outlined in the Request
for Proposals (see attachment 1):
Phase 1 - Process Evaluation (completed)
Phase 2 - Development of Plans, Specifications and Bid Documents (Amendment No.1)
Phase 3 - Construction Services
The RFP requested that the consultant specifically propose on Phase 1 and provide a conceptual understanding
for services under Phases 2 and 3. Both Phase 2 and 3 were dependent on the final product of Phase 1. The
original Professional Services contract was for Phase 1 only and was awarded to Brown and Caldwell for $25,000
(see attachment 2).
Brown and Caldwell have completed the Phase 1 - Process Evaluation and have thoroughly outlined the
requirements for Phase 2 and 3. Staff has met with and negotiated the Phase 2 and 3 work requirements. Phase
2 will encompass the development of design plans, specifications and final bid documents for the specific process
improvements. Phase 3 includes construction services for the elements of Phase 2.
Phase 2 of the Professional Services contract includes elements from several different FY07 to FY09 CIP
projects:
- Sodium Hypochlorite Conversion ($350,000)
- Sludge Lagoon and Waste Line Improvements ($100,000)
- Water Treatment Plant Process Improvements ($520,000 through FY09)
- Reeder Reservoir Sedimentation Study ($100,000)
- Ashland Creek West Fork Bridge Construction ($100,000)
G:\pub-wrks\admin\PB Council\water issues\CC BC Contract Amend 17 Aprll7 .doc
Page 1 of2
r~'
The engineering costs for these elements and a few additional requirements as a part of the overall process
improvements are detailed on the first page of the amendment and are in addition to the Phase 1 cost of $25,000.
Brown and Caldwell's initial proposal had an estimate for later phases of engineering work of 10% of total
construction cost for the design phase and 8% for the construction phase. These percentages are roughly
consistent with the initial estimate percentages. It is expected that the design could increase to 15-18% for
projects that require complicated analysis that is in conjunction with an operating plant or one in very space
constrained areas as the City faces at the Water Treatment Plant.
Staff has been pleased with the work performed by Brown and Caldwell and recommends continuing with their
services for the final design and construction services. Funding for this amended contract amount is included in
the FY07 and FY08 budget amounts in the Water Fund.
Related City Policies:
1. Ordinance 2917, adopted by City Council on March 1, 2005, Section 2.52.050, states that if a contract
amendment totals 25% or more of the original contract amount then the contract amendment must be approved
by the Local Contract Review Board.
2. Budget Documents including the Capital Improvements Program
Council Options:
Council has two options:
1. Approve the Engineering Services Contract Amendment NO.1 for Water Treatment Plant Process
Improvements between the City and Brown and Caldwell to increase the total cost to $262,337.
2. Disapprove the amendment which will require staff to submit a request for proposals for the additional
engineering work.
Potential Motions:
It is motioned that the City Council, acting as the Local Contract Review Board, approves approve the
Engineering Services Contract Amendment No. 1 for Water Treatment Plant Process Improvements between the
City and Brown and Caldwell to increase the total cost to $262,337.
Attachments:
1. RFP
2. Original Contract
3. Contract Amendment
G:\pub-wrks\admin\PB Council\water issues\CC BC Contract Amend 17 Aplil7 .doc
Page 2 of2
~~,
CITY OF
ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
PROCESS EVALUATION
FOR THE
ASHLAND WATER TREATMENT PLANT
PROJECT NO.:
06 -02
TYPE OF PROPOSAL:
PROFESSIONAL SERVICES
PROPOSAL DUE DATE:
MAY 18, 2006, 1:30 PM
TO RECEIVE A PROPOSAL CONTACT: Dawn Lamb, Administrative Assistant
20 EAST MAIN STREET
ASHLAND OR 97520
541/488-5587
r~'
A.trACM~f1-.t, L
TABLE OF CONTENTS
PAGE
Advertisement .................................................................................................................... 3
Concept .................................................................................................................... 4
Background .................................................................................................................... 4
Work Description .................................................................................................................. 4
Scope of Work.......................................................................................................... 4
Description of Consultant's Duties............................................................................ 6
Additional Consultant Responsibilities ....................... ............. .......................... ........ 6
City Responsibilities.................................................................................................. 6
Proposal Contents................................................................................................................. 7
Proposal Criteria ................................................................................................................... 7
Proposal Evaluation and Selection........................................................................................ 8
Contract and Terms............................................................................................................... 9
Contract .................................................................................................................... 9
Contract Term........................................................................................................... 9
Sample Contract..........................................................................................
City of Ashland Living Wage Requirement ..................................................
10
11
16
Appendix
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 WTP Process Evaluation RFP 3 06.doc Page 2 of 16
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
PROCESS EVALUATION FOR THE
ASHLAND WATER TREATMENT PLANT
The City of Ashland requests proposals for professional services required for an evaluation of the water
treatment process at the Ashland Water Treatment Plant. This project includes:
Evaluate the water treatment process at different critical periods of the year.
Make recommendations to strengthen the treatment process during these critical periods.
These recommendations may include changes in the physical plant, changes in treatment
chemicals or the treatment process.
Assist the City in the development of plans and specifications for the recommended
improvements.
Proposals must be received by 1 :30 PM, May 18, 2006, in the City of Ashland Engineering Office located at
51 Winburn Way, Ashland OR 97520; mailing address: 20 E. Main Street Ashland OR 97520.
Proposal documents are available at the above address and all proposals must address the RFP format.
Proposals are limited to 8 pages, excluding resumes and notices of transmittal. Consultant selection will be
based upon weighted criteria as cited in this Request for Proposals.
The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to accept any
proposal, which appears to serve the best interest of the City of Ashland.
To receive a proposal, contact Dawn Lamb, Administrative Assistant at 541/488-5587. For further
information regarding the project expectations, contact Pieter Smeek, Interim City Engineer at 552-2413.
Pieter Smeenk P.E.
Interim City Engineer
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
PROCESS EVALUATION FOR THE
ASHLAND WATER TREATMENT PLANT
CONCEPT
The City of Ashland intends to hire a competent professional to perform a process evaluation for the water
treatment plant.
BACKGROUND
The City of Ashland owns and operates a water treatment plant located on Ashland Creek. This is the sole
source of water for the entire population of Ashland. Due to the high water quality in Ashland Creek, the
treatment plant was originally design as a "direct filtration" facility. As demands have increased and during
certain periods of the year when the water quality deteriorates in Ashland Creek, plant operators have
found it increasingly difficult to meet the water needs of the community. In addition, hydraulic limitations
within the treatment plant make it difficult to meet peak summertime demands.
The water treatment plant was originally built in 1949, was upgraded in 1964 and again in the mid 1970's.
The last major renovation to the plant occurred in 1996. The rated filter capacity of the plant is 10.0 MGD
and the hydraulic capacity was suppose to be 8.0 MGD. However, the largest quantity of water ever
produced by the plant was 7.5 MGD. This is very close to the current maximum day demands of the
system and allows for no margin of safety.
WORK DESCRIPTION
I. Scope of Work: This project will be broken down into three phases: Phase 1 includes a complete
process evaluation of the water treatment plant and the development of a list of recommendations.
Phase 2 shall consist of assisting the City in the development of plans, specifications and bid
documents to make preferred physical changes to the plant. Phase 3 will include engineering
construction services if they are deemed necessary by the City.
The selected consultant will provide professional services that include, but not limited to:
A. Phase 1 - Process Evaluation
1) Consultant will perform an evaluation of the entire water treatment process. This
evaluation needs to specifically address the issue of how the treatment plant can improve
its wintertime and springtime treatment capacity when water conditions are less then
optimal. This evaluation should include both the physical changes needed in the water
treatment plant such as rapid mixing, flocculation, chemical injection points, etc. and the
possible changes in chemicals currently used in the treatment process.
2) Consultant will perform a preliminary hydraulic evaluation of the water treatment plant. The
goal of the City is to raise the hydraulic capacity to 10.0 MGD. The City is the process of
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changing an existing venturi meter to a mag- meter to reduce some of the head losses
within the plant. The Consultant shall determine the impact of this change and make
recommendations on how to effectively raise the hydraulic capacity to 10.0 MGD.
3) The Consultant shall submit findings regarding the above task to the City in the form of a
Technical Memorandum. The memorandum shall include not only a physical description of
the changes recommended but an estimate of the cost for the improvements and any
operational changes. It should also include a prioritization of the recommended changes.
B. Phase 2 - Development of Plans, Specifications and Bid Documents
1) After review of the technical memorandum and evaluating other fiscal constraints, the City
shall determine which recommendation(s) to undertake. Some or all of these
recommendations may be completed solely by the City of Ashland, but it is anticipated that
the more complicated or technical recommendations will require the services of the
Consultant.
2) Consultant will perform all engineering necessary to complete the design, develop
construction drawings, specifications, bid documents and schedules for completion of the
project as directed by the City.
3) Consultant will assist the City in coordinating and evaluating the construction bids and
responding to engineering inquiries during the bidding process.
4) Because the exact scope of work is unknown, the Consultant will provide an estimated cost
for these services based upon a percentage of the project costs. The actual scope of work
and final cost shall be negotiated with the City prior to Authorization to Proceed with Phase
2.
5) Acquire all necessary permits prior to construction.
6) The consultant shall supervise specialty consultant services for the following types of
specialties: environmental, geotechnical, geological, structural and any similar specialty
work items, as needed.
7) Consultant shall develop a scope of work and cost estimate for Phase 3 - Construction
Services.
C. Phase 3 - Construction Services
1) Consultant shall perform construction services including inspection, submittal approval,
project management and other associated tasks as needed to successfully complete the
project.
2) Since the exact scope of work for these services is unknown, the Consultant will provide an
estimated cost based upon a percentage of the project cost. The actual scope of work and
final cost shall be negotiated with the City prior to authorization to proceed to Phase 3.
D. Provide 15 copies of reports and technical memoranda for Phase 1.
E. Provide a copy of all technical memoranda, reports, specifications, bid documents and drawings
shall be in Microsoft Word, Excel, or Auto Cad format.
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2.
A.
Description Of Consultant Duties:
Provide a basic understanding to follow the scope of work, detailed cost estimates for the services
to be performed, time frame and an acceptable list of project personnel.
B. Research and prepare adequate materials for the project elements as described in the scope of
work.
3.
A.
Additional Consultant's Responsibilities:
Personnel, Materials and Equipment: The consultant shall provide qualified and competent
personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish
the work. All materials and supplies shall be of good quality and suitable for the assigned work.
B. Business License Required: The selected consultant must have a current City of Ashland business
license prior to conducting any work for the City.
C. Professional Responsibilities: The consultant shall perform the work using the standards of care,
skill and diligence normally provided by a professional in the performance of such services in
respect to similar work and shall comply with all applicable codes and standards.
4. City Responsibilities: In the development and implementation of this project the City of Ashland
will assume the following responsibilities:
A. Provide a project manager and liaison.
B. Staff will provide available background information on the water treatment plant and any existing
data.
C. Provide timely reviews of consultant's technical reports, design and other submittals.
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PROPOSAL CONTENTS
The consultant shall submit four copies of their proposal for consideration by the City. The proposal shall
address each of the following listed items and shall be organized in accordance with this section of the
proposal.
Proposal shall include the following information:
Title of Project: PROCESS EVALUATION FOR THE ASHLAND WATER TREATMENT PLANT
Proposer's Contact Information:
Name:
Title:
Address:
Phone & Fax Number:
Date of Opening: 1 :30 PM, MAY 18, 2006
PROPOSAL CRITERIA
Each proposal is limited to no more than 8 pages; resumes may be attached as an appendix; and shall
contain the following information:
A. Transmittal Sheet / Cover Letter
B. Project description including firm's scope of services
C. Firm's capabilities and resources
D. Proposed staff and proposed time commitments for primary staff members
E. Project Calendar with specific completion dates and milestone dates for each
section of work
F. References (maximum of five recent references on similar projects)
G. Cost of Services (fee structure, number of hours for each task and the total fee
including all reimbursable items)
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PROPOSAL EVALUATION AND SELECTION
I. REVIEW
Proposals will be reviewed and evaluated by personnel from the City of Ashland Department of
Public Works. Each proposal will be evaluated on content quality and completeness as described
in the preceding section. Interviews may be conducted with the top ranking firms if the City deems
it necessary.
II. EVALUATION CRITERIA
Each proposal will be judged as a demonstration of the consultant's capabilities and understanding
of the services requested. Evaluation will be as follows:
Criteria Maximum Score
A. Transmittal Sheet / Cover Letter 5
B. Project Description and Understanding 20
C. Firms Capabilities and Resources 25
D. Primary Staff and Proposed Time Commitments 10
E. Project Calendar 15
F. References 15
G. Cost of Services 10
TOTAL: 100
III. CITY RESERVATION
The City of Ashland reserves the right to waive irregularities or discrepancies in a proposal if the
City determines that the waiver is in the best interest of the City.
IV. ADDENDA TO THE RFP
The provisions of this RFP cannot be modified by oral interpretations or statements. If inquiries or
comments by offerors raise issues that require clarification by the City, or the City decides to revise
any part of this RFP, addenda will be provided to all persons known to the contact person who
have received or will subsequently receive the RFP. Receipt of addenda must be acknowledged
by signing and returning it with the proposal.
V. PROTEST
Any prospective consultant who contends that the provisions of the RFP or any aspect of the
procurement process will encourage favoritism in the award of the contract, or substantially
diminish competition, must file a written protest to the RFP at least ten days prior to the date set for
the opening of proposals. Failure to file a protest will be deemed a waiver of any claim by an
offeror that the procurement process violates any provision of ORS subchapter 279A or subchapter
279C, Ashland Municipal Code Chapter 2.50, "Public Contracts," or Chapter 2.52, "Personal
Service Contracts."
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CONTRACT AND TERMS
I. CONTRACT
The consultant selected by the City will be expected to enter into a written contract in the form
attached to this RFP in the Appendix. The proposal should indicate acceptance of the City's
contract provisions or suggest reasonable alternatives that do not substantially impair the City's
rights under the contract. If inclusion of any of the City's contract provisions will result in higher
costs for the services, such costs must be specifically identified in the proposal. Unconditional
refusal to accept the contract provisions proposed by the City without offering acceptable
alternatives may result in disqualification of the offeror or a less favorable evaluation of its
proposal. Proof of required insurance is made part of this contract. Acceptance is not complete
unless and until proof of required insurance is submitted to the City.
II. CONTRACT TERM
It is anticipated the consultant will define the time necessary to complete Phase 1 of the contract,
but in no case shall the analysis extend beyond 9 months (no longer than February 30,2007).
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APPENDIX
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ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant:
City Hall Address:
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002 Telephone:
FAX: (541) 488-5311 FAX:
Date of this agreement: ~ B: RFP date:
Proposal date:
~2.2. Contracting officer:
~2.4. Project:
~6. Consultant's representative:
~8.3. Maximum contract amount:
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City
for the project described above. Consultant submitted a proposal in response to the RFP on the date noted
above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perform services and duties in conformance to and consistent
with the standards generally recognized as being employed by professionals of consultant's caliber in the
locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors,
and other interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Consultant shall provide
professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advice during the
term of this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
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2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and
other consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on
completion of all services required by this contract unless sooner terminated as provided in this contract.
4. Authoritv of contractina Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to
authorize services, transmit instructions, receive information, interpret and define City's policies and make other
decisions with respect to Consultant's services.
5. Consultina Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act
as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of
information needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written
authorization from the contracting officer for work described in the RFP. Consultant shall perform the services
as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon
request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements
described in the RFP. Each schedule shall include allowance for periods of time required for City's review and
approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without
additional compensation, correct or revise any error or deficiencies in the services that are caused by
Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be
construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's
services. In the event of any breach of this contract by Consultant or negligent performance of any of the
services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such
breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The
preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant
beyond the maximum time limitation provided by Oregon law.
6. Assianment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and
transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business and professional
practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
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7.2. City will provide information, documents, materials and services that are within the possession or
control of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and
private property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by
Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant
and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this
payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the
end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation
coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide
City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the service work
under this contract. Consultant is also required to post the attached notice predominantly in areas where it will
be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent
permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold
harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, speCifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such
a manner as to provide a clear distinction between the expenditures and revenues related to the project and the
expenditures and revenues related to Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable
times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of
Consultant's books and records by a certified publiC accountant retained by City.
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12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including
injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out
of or incident to the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform
work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions,
costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined
single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. Each certificate shall state that coverage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the nature of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be
completely cured within the ten day period, no default shall occur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence
and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue
any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon
for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by
giving Consultant written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete
such analyses and records as may be necessary to place its files in order and, where considered necessary to
protect its professional reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned
and costs incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
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16. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing
and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address
provided for the Consultant in Recital A above.
17. Assianment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations
under this contract without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Gino Grimaldi
City Administrator
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Department Head
Coding:
Date:
Date:
(For City use only)
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CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~..
._~
amIper hour effective June 30, 2005
(Increases annually every June 30 by the
Consumer Price Index)
Employees must be paid a
living wage:
For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,379 or more.
~ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
rtion of business of their
ployer, if the employer has
or more employees, and
s received financial
sistance for the project or
business from the City of
Ashland in excess of $16,379.
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
~ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees.
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ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: BROWN & CALDWELL
City Hall Address: 9620 BARBUR BOULEVARD STE 200
20 E. Main St. PORTLAND OR 97219
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/244-7005
FAX: (541) 488-5311 FAX: 503/244-9095
Date of this agreement: August 15, ~ B: RFP date: April 7, 2006
2006 Proposal date: May 18, 2006
~2.2. Contracting officer: Paula C. Brown, PE
~2.4. Project: WTP Process Improvements
~6. Consultant's representative: Robert Willis, PE
~8.3. Maximum contract amount: NTE $25,000.00
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the
project described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide
the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this contract.
Consultant covenants with the City to perform services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals of consultant's caliber in the locality of the project.
Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties in
furthering the interests of City with respect to the project. In order to promote successful completion of the project in an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of
the project to which this contract applies, serve as City's professional consulting representative for the project, and give
professional consultation and advice during the term of this contract. Consultant acknowledges that City is relying on
consultant to provide professional consulting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the construction
industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
AITACtlf..-ttJ.JT '2-
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other
consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of
all services required by this contract unless sooner terminated as provided in this contract.
4. Authority of contractina Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to authorize
services, transmit instructions, receive information, interpret and define City's policies and make other decisions with
respect to Consultant's services.
5. Consultina Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements
relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as
City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information
needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authorization
from the contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is
consistent with professional skill and care and the orderly progress of the project. Upon request of City, Consultant
shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule
shall include allowance for periods of time required for City's review and approval of Consultant's services. Each
schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical
accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional
compensation, correct or revise any error or deficiencies in the services that are caused by Consultant's negligence.
City's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of City's
rights under this contract or of any cause of action arising out of Consultant's services. In the event of any breach of
this contract by Consultant or negligent performance of any of the services, City's cause of action against Consultant
shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable
diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow
City to prosecute an action against Consultant beyond the maximum time limitation provided by Oregon law.
6. Assianment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and transactions with
City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business and professional
practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or control
of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private
property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in
the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City.
No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior
approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of
the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A
above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this contract
shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons
who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to
209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior
to commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required
by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of
insurance. If Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon
Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter 3.12
of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work
under this contract and to any subcontractor who performs 50% or more of the service work under this contract.
Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent permitted by
law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless Consultant, its
consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of
plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the services
which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to
provide a clear distinction between the expenditures and revenues related to the project and the expenditures and
revenues related to Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to
verify Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and
records by a certified publiC accountant retained by City.
12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury
resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out of or incident
to the negligent performance of this contract by Consultant (including but not limited to, the negligent acts or omissions
of Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
contract). Consultant shall not be held responsible for any claims, actions, costs, judgments, damages or other
expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed
operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims
made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence
for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to
the commencement of any work under this agreement. Each certificate shall state that coverage afforded under the
policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been
given to City. A certificate which states merely that the issuing company .will endeavor to mail" written notice is
unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required
by this contract within ten days after the other party gives written notice specifying the nature of the breach with
reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured
within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or
obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the
remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party,
without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any
equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for
Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving
Consultant written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such
analyses and records as may be necessary to place its files in order and, where considered necessary to protect its
professional reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and
costs incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may
be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital
A above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for
the Consultant in Recital A above.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
17. Assianment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each are
bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under
this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be
construed to give any rights or benefits to anyone other than City and Consultant.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Administrative Services/ Finance Director
Printed Name
Its:
Fed ID#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Date:
Department Head
Coding:
Date:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: BROWN AND CALDWELL
City Hall Address: 6500 SW Macadam Avenue, Suite 200
20 E. Main St. PORTLAND OR 97239
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/977-6632
FAX: (541) 488-5311 FAX: 503/244-9095
Date of this agreement: August 15, 2006 B: RFP date: April 7, 2006
Proposal date: May 18, 2006
2.2. Contracting officer: Paula C. Brown, PE
2.4. Project: WTP Process Improvements
6. Consultant's representative: Robert F. Willis, PE
8.3. Maximum contract amount: NTE $25,000
B. AMENDMENT NO.1
1. Modification to Section 5. Consultinq Services.
In accordance with the existing scope of services in this contract, the following additional defined consultant
services are added as further defined in Exhibit A, attached.
Item No. Description Amount
A Phase 2 - Desiqn Services $149,378
B Phase 3 - Construction Services $26,835
C Reeder Reservoir Study $61,124
P:\ 131454 City of Ashland WTP\Project Management\Contracl Amendment No. 1 \Contract Amendment #1, 3-29-07.doc
AUAC1\t-\ENr~
2. Modification of Section 8. Payment
8.3 Total payment under this contract shall not exceed the adjusted total contract amount of $262,337.
A.
B.
Original Contract
Amendment No. 1
$25,000
237,337
$262,337
Adjusted total contract amount
CONSULTANT ~
By: ~_>~
Signature
CITY OF ASHLAND
By:
Lee Tuneberg
Administrative Services/ Finance Director
Bryan Paulson
Printed Name
Its: Vice President
Fed ID# 94-1446346
REVIEWED AS TO FORM:
By:
REVIEWED AS TO CONTENT:
By:
Legal Department Date:
Department Head
Coding:
Date:
(For City use only)
P:1131454 City of Ashland WTPIProject ManagementlContract Amendment No. 1 IContract Amendment #1 , 3-29-07.doc
EXHIBIT A
SCOPE OF SERVICES
Brown and Caldwell will provide design and construction services for necessary improvements to
the operation and capacity of the Ashland Water Treatment Plant (WTP). The level of effort for
these services is detailed in the Fee Estimate and Staffing Plan included herein. The level of effort
provided is based on the projects being completed by January 1, 2008.
PHASE 2 - DESIGN SERVICES
PHASE 200 Project Management
Task 100. Project Management. Consultant will provide project coordination between project
work groups. Contract and provide supervision to all subconsultants. Perform project status
reporting and communications necessary to inform City staff concerning the project. Perform all
accounting and billing functions necessary for the project.
Task 200. Compile Information for the Project and Conduct Kick-off Meeting. Consultant
will obtain, review, and compile existing information and plans for the WTP. A kick-off meeting
will be held to initiate the project, confirm the scope, identify available information, and make work
assignments.
Task 300. Project Closeout and As-builts. Consultant will perform the functions necessary to
complete the project, prepare as-built drawings for the work conducted, and complete the Oregon
Health Division requirements for the project.
PHASE 210 Hypochlorite Conversion
Task 100. System Design and Plans/Specifications. Consultant will design a conversion of the
existing free chlorine disinfection system to one using hypochlorite. Plans and specifications will be
provided sufficient to permit and contract for the conversion.
PHASE 220 Relocate Chemical Systems
Task 100. System Design and Plans/Specifications. Consultant will design the relocation of
the existing chlorine, potassium permanganate, soda ash, powdered activated carbon, and filter aide
diffusers. The soda ash system will be improved with a two tank system and metering pumps.
Instrument and Control changes will be detailed for the raw water butterfly valve, filter to waste
process, and backwash sequence. Reprogramming of the control system will be done by another
contractor to the City. Consultant will prepare plans and specifications sufficient to permit and
contract for the work and to allow the controls contractor to perform his work.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\131454\Project ManagemeOl\Contract Amendment No.1 \Ashland \,,"fP Amendment 1 Scope 3-28-07.doc Page 1 of 4
PHASE 230 Remove Hydraulic Choke
Task 100. Meter Evaluation and Plans/Specifications. Consultant will review the options to
remove the hydraulic choke created by the existing venturi meter. A design will be prepared to
remove the hydraulic choke. Plans and specifications will be prepared sufficient to permit and
construct the designed improvements.
PHASE 250 Replace WTP Waste Line
Task 100. Design and Plans/Specifications. Consultant will design a replacement pipeline for
the existing WTP waste pipeline. The pipeline will extend from the plant to the existing waste pond.
The design will include a new overflow for the flocculation basins. Plans and specifications will be
prepared sufficient to permit and construct the designed improvements.
PHASE 260 Emergency Pump
Task 100. Design and Specifications. Consultant will specify a portable emergency, engine-
driven pump that can by stored at the WTP. Specifications will be prepared sufficient to purchase
the pump.
PHASE 3
CONSTRUCTION SERVICES
Task 100. Bid/Award Assistance. Consultant services to assist the City in obtaining bids will be
as follows:
. Receive and respond to bidder's technical questions during the bid period.
. Draft addenda to the plans and specifications. City will prepare the final version and distribute
to prospective bidders.
· Attend the bid opening and review the bid tabulation prepared by the City. Assess the bids to
determine the low bidder for project award.
Task 200. Office Engineering. Consultant will provide office engineering services to assist the
City in performing contract administration. Assist in determining whether the project contractor is
providing the materials and construction methods in accordance with the plans and specifications.
Task 300. Field Engineering and Observation. Consultant will provide engineering services to
assist the City in providing onsite observation of the construction of the improvements. Duties
include assistance in maintaining a construction schedule that coordinates with the operation of the
WTP, assistance to the City's onsite construction inspector, coordination of special inspections, and
other assistance as necessary to fulfill the requirements of the task.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\131454\Project Management\Contract Amendment No.1 \Ashland WfP Amendment 1 Scope 3-28-07.doc Page 2 of 4
REEDER RESERVOIR STUDY
Task 100. Gather and Review Existing Data and Reports. Consultant will provide the
following services:
. Obtain and review U.S. Forest Service and other studies of reservoirs and sediment
transport/ content
. Collect past survey information and put into map form to use to compare to new data
. Compile relevant water quality (WQ) data, flow records, and personal observations from Darrell
McVey and others.
. Generate technical memorandum to index and summarize existing information.
Task 200. Inspection of Dam. Consultant will provide the following services:
. Contract and coordinate divers to inspect the dam and sediments behind the dam. Obtain the
dam plans and prepare a drawing for the divers to use. Divers will be asked to:
· Confirm what is there in relation to what is shown on the plans.
· Determine the condition of the metal structures found on the dam including both
outlet structures. Visually inspection for corrosion with a hammer test to determine
the rough soundness of the metal and depth of rust.
· Video tape the metal structures and any other found basic elements of the dam.
· Determine contents of the trash rack and whether items are piled in front of the
sluice way channel.
· Determine the depth of the silt layer interface behind the dam under the water
system outlet and collect a grab sample. Determining the thickness of the sediment
against the dam face and whether it is fine or coarse material.
. Review the findings and prepare a technical memorandum to index the data and provide
recommendations.
Task 300. Water and Sediment Sampling. Consultant will provide the following services:
. Take WQ proftles at two locations in the reservoir at a minimum of every 5 feet of depth.
Perform the profiles a total of three times during the summer and fall. Analyze the samples for
a minimum of temperature and dissolved oxygen concentration.
. Take four discrete water samples at each of the two sample sites when the proftles are being
made. Analyze the samples for total nitrogen, nitrate/nitrite, ammonia, total phosphorus,
soluble reactive phosphorus, and chlorophyll A.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\ 131454\project Management\Contract Amendment No.1 \Ashland \X'TP Amendment 1 Scope 3-28-07.doc Page 3 of 4
. Collect algae samples at the two profile locations in the reservoir at a time when algae is present.
Collect two samples from each site, one at the surface and one at 10 feet in depth. On the same
day, collect an algae sample from a location near the shore where algae is obviously present.
Analyze the samples to determine the concentration and primary species of algae.
. Collect 3 samples of the sediment from locations specified within the reservoir with a clam-shell
sampler. Analyze the samples for total organic compounds, orthophosphorous, Total Nitrogen,
and grain size distribution.
. Take two sediment core samples and analyze for moisture content, particle size, Total
Phosphorus, and Total Nitrogen.
. Prepare a technical memorandum to index and report on the findings.
Task 400. Sediment Surface Survey. Consultant will provide the following services:
. Conduct a sediment surface survey to determine the current surface of the sediment in the
reservoir and prepare a wide-area augmentation system-grade bathymetric map for the reservoir.
. Compare the new surface map to the available existing data and determine an estimated rate of
change.
. Prepare a technical memorandum to present the data and findings.
Task 500. Recommendations and Report. Consultant will provide the following services:
. Compile the technical memoranda from Tasks 100 to 400 into a report of the findings of the
study.
. Develop draft conclusions and recommendations to review with the City. Recommendations
will include a proposed monitoring plan for the City to follow for the reservoir.
. Prepare a final report for the study.
AsWand WTP-Amendment 1 Scope of Services
March 28, 2007
P:\131454\Project Management\Contract Amendment No.1 \Ashland \X'TP Amendment 1 Scope 3-28-07.doc Page 4 of 4
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CITY OF
ASHLAND
Council Communication
Annual Appointments to Commissions/Committees
Meeting Date: ~
Department:
Approval:
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
This is an annual confirmation by the City Council on the Mayor's appointments for the various
Commissions/Committees whose terms ended April 30, 2007 as established by Resolution No. 89-24.
AIRPORT COMMISSION
William Skillman - Term to expire 4/30/2010
Lincoln Zeve - Term to expire 4/30/2010
David Wolske - Term to expire 4/30/2009
AUDIT COMMITTEE
Guy Nutter - Term to expire 4/30/2010
CONSERVATION COMMISSION
Tracy Harding - Term to expire 4/30/2010
BAND BOARD
Marvin Belford -Term to expire 4/30/2008
Don Bieghler - Term to expire 4/30/2008
David Hoxie - Term to expire 4/30/2008
Harry Kannasto - Term to expire 4/30/2008
Mike Knox - Term to expire 4/30/2008
Doug MacDonell - Term to expire 4/30/2008
Raoul Maddox - Term to expire 4/30/2008
BICYCLE & PEDESTRIAN COMMISSION
Tom Burnham - Term to expire 4/30/2010
James Olney - Term to expire 4/30/2010
Michael Church - Term to expire 4/30/2010
Matthew Seiler - Term to expire 4/30/2010
Julia Sommer - Term to expire 4/30/2009
BUILDING APPEALS BOARD
John Fields - Term to expire 4/30/2010
Dale Shostrom - Term to expire 4/30/2010
HISTORIC COMMISSION
Terry Skibby - Term to expire 4/30/2010
Keith Swink - Term to expire 4/30/2010
James Watkins - Term to expire 4/30/2010
FOREST LANDS COMMISSION
Chris Iverson - Term to expire 4/30/2010
PLANNING COMMISSION
Pam Marsh - Term to expire 4/30/2010
Michael Morris - Term to expire 4/30/2010
HOUSING COMMISSION
Richard Billin - Term to expire 4/30/2010
William Smith - Term to expire 4/30/2010
TREE COMMISSION
John Rinaldi, Jr. - Term to expire 4/30/2010
PUBLIC ARTS COMMISSION
David Wilkerson - Term to expire 4/30/2010
Tomi Douglas - Term to expire 4/30/2010
TRAFFIC SAFETY COMMISSION
Doris Mannion - Term to expire 4/30/2010
Keith Massie - Term to expire 4/30/2010
Greg Lemhouse - Term to expire 4/30/2010
~~,
Background:
The ending term for most Commission/Committee members is April 30, 2007. Proper notice was made in
our local newspaper and our own city website on the vacancies.
Council Options:
Approve or disapprove Mayor's appointments.
Staff Recommendation:
None
Potential Motions:
Motion to approve annual appointments to the various City Commissions/Committees as recommended by
Mayor Morrison.
Attachments:
Applications received
2
AIRPORT COMMISSION
3 Positions Available:
· Two positions for terms to expire 4/30/2010
· One position for a term to expire 4/30/2009
(Created by resignation of Claudia Stockwell)
Members Requesting Reappointment:
· William Skillman
First Appointed 4/18/1995
· Lincoln Zeve
First Appointed 1/2/2001
New Applications:
· Susan Moen
· Olaf Paul
· David Wolske
~~@~JrWl~lID
I MAR 1 5 2007 lID
BY: ____________________
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Name S\..) Sc..<"'I. \'-\.ce...A.
Requesting to serve on: Aa f'Ot'\- ~\S~\OI\ (Commission/Committee)
Address 4~ f'.A.a,"(~~~" Dc F\~~\a.rd..
Occupation E)( ~v'L D'\(e.c....\or
J
-:fQ.C.\<:.so" Cov,",~ ~f\\l"\
Phone: Home
Work
Email
Fax
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1. Education Back2:round
What schools have you attended?
t-\ c. ("\.J c. ,0.. Co \ \ e.. ~ e..
BA
What degrees do you hold?
What additional training or education have you had that would apply to this position?
\ ~\<. ,"\u~~J \E'~sa"\.~ ~u~ C-\\'C.\ ~\ ~ ~~(" CV'\u ~\~~ \'\c.e.J'\'SQ..
\, \ \
2. Related Exoerience
What prior work experience have you had that would help you if you were appointed to
this position?
I \..LX)r\<:.e...O o.s Ca." ASS\'sb~ \JHe..c:..\r."\~ 'I\. T\\~ b- "" I w,,",,"cir.. -Tr..u~\ m~
~(:)U,) -\-t:> ~e..~ 0..\0":) J wo.\c::.. w\~ a. \.....h.O't. "o..~c..~ o<f pliL~Cl'\.c.. \. ""e.S _ co~hd
r~5C>\u~Qto., tuc...5. 0...", tl"V'\.~rml\.\ C::Of""'-~~,,-^\ o~ ~\.'S .)o~.
As 0.." CXc'c.ut\vc. D~r~c..tor o~ 0. ~-pmf\\ \ ~e... ~~e.<'\'~c::...c tL.:lOrk.,I\.~
~ oc.. H' 'c..~ ~ CC...h~ CA..x- \o~\ nosp'\i;;{s~
~ l'\o.V(~~"", ,,^t.. Q\'~f'<"~~ f'Le.o.~ ~ \~~\e. c.ou,,~ Cc.M1 ~-pn>~" Q.~trc;
Do you feellt wouffi be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? I Lucu\d de Sof'V\~ \',",d~<u'\\
re..seo.c-c:."-' Or'\. o~e..t u..~e.cS S~\\. o..(r~r\ o~~~'O^SI \q~~
c.\C:>f" >r ~e..~ c.o"~e..re.AC...~"S. Or ~~\ C'\.c...t"~ o...~
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3. Interests
Why are you applying for this position? As 0.. lV\e.t'v'\..~u- o~ CA. "~\\..'\\^j fC4M.,t~",{
~\- \c~s. A."" o.\rp~l\.~ at t\s\....\c..."c.\ \ 0'1V\. ,r,,\c..re.~\cd \^ b~~ P'^(\ Of
fue. ~\Q."^(~ ~r ~ ~\urc. o~ A.s\...\c...r..d ~r~(\.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Ye..S - cl.o.\..4 ~~ ~\^~
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Lt..:o..Aci Ols.o b~ po'S6\\o\~.
5. Additional Information
How long have you lived in this community?
Co Ll e-cs S
\
Please use the space below to summarize any additional qualifications you have for this
position
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t.otY'.~ ~~ ~~e.... \ 0.1\1'\ ~c.""\\\~r W \"'" ~~ c::..urn...",,\-
c.c('\.ci\~'ot\.s ~ Se.('-.)\'c..ec;. 0.-\ ",^c.. Q.trpo{"~, \'M l^~~ '"^
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CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(W.ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
OLAF
rAUL
Name
Requesting to serve on: ' 1/ oe !-V"\-r~ y\ h- ~ (Commission/Committee)
I
Address 2 7) ~. EC,J fJ\ 6 A i) D t.-J5 L. ;..
Occupation '/2L-.huJ C V D1wJ(w--~hone: H e 4 ff q 4 3 }
17 pJ~ L<:- )) '" ~A) Work .
'--'Iv' Email W\-Dh....--c::.f!/c1vvJr.-uIr.. i .~
Fax ~ or' 743 1
4 Grt a.,{ s; L> ~~~ I~~
/
1. Education Background
What schools have you attended?
What degrees do you hold?
~u at' on have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? ' ,r (I' ( ~
)V ~<, '^^ Wu--cQ ~ eM Cu..tA1 (.'11::<.< j,
~~:5j:o.-,. ~ U5^ d- h4~
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
RECEiVED
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3. Interests
Why are you applying for this position?
9' t~ lv~ a~ J V'LeA V
Vv~
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4. Availability
Are you available to attend special meetings, in addition to the regUl"}. scheduled
meetmgs? Do you prefer day or evemng meetmgs? I~;> IN ~~
I
5. Additional Information
How long have you lived in this community?
7~
Please use the space below to summarize any additional qualifications you have for this
position
O)~/ ~ I ,/Ob
Date ! !
&ifte if au)
~~,
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name: David P.Wolske
Address_l 390 Frank Hill Rd., Ashland, OR. 97520
~ ~ cg ~ jrW7~ lID
ml JAN 1 7 2007 lID
BY: ____________________
Requesting to serve on:
Airport_ (Commission/Committee)
Occupation_Aircraft mechanic/Inspector_Phone: Home_ 482-3233
Work
Email_david@davidwolske.com
Fax
1. Education Backe:round
What schools have you attended?
Colorado Aero Tech.
_ Univ. of Wisconsin, Univ. of Colorado,
What degrees do you hold? B.S. in psychology
What additional training or education have you had that would apply to this position?
FAA Airframe & Powerplant license. Current FAA Inspection Authorization,
Private Pilot rating
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? I have worked in several aviation positions since 1981, including
maintenance facility management, airline, commuter, corporate and general aviation
maintenance. I currently own and manage a company that provides aviation services, and
am a licensed pilot, owning an airplanes that have been hangared at Ashland Airport
since 2000.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? _Airport management and regulation, as
well as airport development opportunities are changing rapidly. It is valuable to stay
abreast of these changes, not only to meet necessary security and compliance
requirements, but also to take advantage of airport development resources. Conferences
and seminars may be vehicles for learning about current developments in these areas.
r~'
3. Interests
Why are you applying for this position? 1 have been actively involved with the local
airport since moving here in 2000. 1 think that with my experience and interest, 1 can
provide a useful perspective with regard to airport users' needs and wishes as well as
those of management and operations.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? _I am available in general. 1 prefer
day meetings.
5. Additional Information
How long have you lived in this community?
(starting my seventh year)
1 have lived here since January, 2000
Please use the space below to summarize any additional qualifications you have for this
position
_I think that my skills and qualifications are addressed in the earlier questions.
However, my interest, being an avid aviator, is in supporting a healthy and attractive
general aviation environment. The Ashland Airport is a valuable community resource,
worthy of support and appropriate development. 1 have been impressed with the
harmonious working relationship between the City and the Airport management. The
airport is an attractive and friendly place for enthusiasts as well as aviation businesses to
operate, and 1 wish to support that continuing development.
Date:J anuary 17, 2007
David P. Wolske
Signature
r~'
AUDIT COMMITTEE
1 Position Available:
· One position for a term to expire 4/30/2010
Members Requesting Reappointment:
· Guy Nutter
First Appointed 5/4/2004
New Applications:
· Roberta Stebbins
1m~@~llWn:~
IDl MAR 1 3 2001 W
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
E3'(:___.._._.......e.w~
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name Roberta W. Stebbins
Requesting to serve on: _Audit
(Commission/Committee)
Address III Granite St., Ashland, OR 97520
Occupation_Retired CPA
Phone: Home 552-1094
Work
Email robertas@mind.net
Fax
1. Education Back2:round
What schools have you attended? MIT
What degrees do you hold?
CPA
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Owned private CPA practice for 35 years which performed many governmental audits.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Possibly to become familiar with recent F ASB's, but not critical to performing the charge
of the committee.
~A'
3. Interests
Why are you applying for this position?
Interest in the financial stability of the city.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Usually available either day or
evemng
5. Additional Information
How long have you lived in this community?
Six years.
Please use the space below to summarize any additional qualifications you have for this
position
_I think it corresponds well with my current service on the Budget Comm.
3/12/07
Roberta W Stebbins Isl
Signature
Date
r:.,
BAND BOARD
7 Positions Available:
· Seven positions for terms to expire 4/30/2008
Members Requesting Reappointment:
· Marvin Belford
· Don Bieghler
· David Hoxie
· Harry Kannasto
· Mike Knox
· Doug MacDonell
· Raou I Maddox
New Applications:
· None
BICYCLE & PEDESTRIAN COMMISSION
5 Positions Available:
· Four positions for terms to expire 4/30/2010
· One position for a term to expire 4/30/2009
(Created by resignation of Arnold Bleicher)
Members Requesting Reappointment:
· Tom Burnham
First Appointed 1/2/2007
· James Olney
First Appointed 9/19/2006
New Applications:
· Michael Church
· Chris Iverson
· Bill Reeves
· Matthew Seiler
· Julia Sommer
· Patricia West
111 I~D~~'~ 4~-W PPLICA nON FOR APPOINTME~~f LAN D
By CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Michael Church
Requesting to serve on: Bicycle and Pedestrian (Commission/Committee)
Address: 2669 Takelma Way, Ashland
Occupation: Retired
Phone: Home 488-2245
Work NA
Email mickchurch@gmail.com
Fax None
1. Education Back2round
What schools have you attended?
Birmingham, England.
Manchester University and University of Aston,
What degrees do you hold?
B.A. in Geography and Urban Studies and Master
of Philosophy.
What additional training or education have you had that would apply to this position?
During my professional life I attended various conferences dealing with pedestrian and
bicycle issues. The conference that stands out for me is the annual Congress for the New
Urbanism. Its focus is much broader than just pedestrian or bicycle issues, but it
generally had useful things to say about both issues.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I recently retired as Planning Director for a city in the San Francisco Bay Area that was
working to revitalize its downtown and deal with traffic congestion. The treatment of
pedestrians and cyclists are integral to both these goals. My former community had spent
the last 40 years trying to facilitate the movement of the automobile, with little thought to
the pedestrian environment; and it only recently realized that this focus had created
rA1
environments where no-one wanted to walk. Similarly with bicycles: Bicycle routes had
only been provided as after thoughts, once the needs of the automobile were met. As a
long time bicycle commuter I believe I had an impact on how the organization thought
about both bicycle and pedestrian movements.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I believe that I have a good grasp of the broad issues facing pedestrians and bicycles, but
it is always useful to stay aware of developments in the field.
3. Interests
Why are you applying for this position?
I want to become involved with the community in which I live, and I think I can
contribute to the work of this committee.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I am willing to attend special meetings when needed. After a working life involving
many evening meetings, I prefer daytime meetings.
5. Additional Information
How long have you lived in this community?
My wife and I have been part-timers in Ashland for the past five years. I retired this
summer and we moved here full-time in early December 2006.
Please use the space below to summarize any additional qualifications you have for this
position.
I have educational and work background that gives me perspective on bicycle and
pedestrian issues. I am an advocate for greater use of bicycles in urban contexts and for
creating more pleasant and functional environments for pedestrians. I am also someone
who would look at the broad context when making a recommendation.
~14-,~
Date
1-~~
Signature
r.l'
BY: ____________________
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
~ ~(g~~\W~1ffi
ml MAR 0 2 2007 1W
Name
Chris Iverson
Requesting to serve on: Bicycle & Pedestrian Commission (Commission/Committee)
Address
868 'A' St. Ashland, Or 97520
Occupation_Grant Writer
Phone:
Work
Email
Fax
Home 503 209 9582
1. Education Backeround
What schools have you attended? Franklin H.S., Portland Community College, Portland
State University
What degrees do you hold? None
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
r:.,
3. Interests
Why are you applying for this position?_To become active in the community and serve
the people of Ashland and the region. _
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available and flexible to attend
special meetings.
5. Additional Information
How long have you lived in this community?
been connected to this area for two decades.
Almost one year, but I have
Please use the space below to summarize any additional qualifications you have for this
position
I work well with others. I have studied decision making and group dynamics. I currently
serve on the board of directors for three non-profits and am on a State appointed advisory
committee. I have experience in formal processes and applications.
_March 1, 2007
Date
Chris Iverson
Signature
r~'
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Bill Reeves
\.2'& \
f\-tS~r.QQ ~
Requesting to serve on: Bicycle and Pedestrian Commission
Occupation: Labor Arbitrator
Phone: Home \41.621.0254
Email~eves@ccountry.net
Fax 541.552.1139
1. Education Backeround
What schools have you attended? What degrees do you hold?
Gonzaga University: Spokane, WA
University of Alaska, Anchorage,AK
Whitman College, Walla Walla, WA
Juris Doctor (JD), 1975
Masters Business Administration (MBA), 1972
Batchelor of Arts (BA), 1967
What additional training or education have you had that would apply to this
position?
See "AdditionaI1nformation" below.
2. Related Experience
What prior work experience have you had that would help you if you were
appointed to this position?
1 was a planning commissioner for the Municipality of Anchorage from 1990 until
moving to Ashland in 1997 (1 chaired the commission from 1996 -1997). During that
time I attended several workshops and training sessions relating to the role of
commissioners, and gained knowledge and experience in the planning process.
Do you feel it would be advantageous for you to have further training in this field,
such as attending conferences or seminars? Why? Not Applicable.
JIr.W
..."1
3. Interests
Why are you applying for this position?
I am avid recreational cyclist. Additionally, I frequently walk or bicycle when shopping
or running errands in the City and County. I am particularly interested in safety and
planning issues related to bicyclists and pedestrians.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings?
Generally I am available.
Do you prefer day or evening meetings? I prefer evening meetings.
Additional Information
How long have you lived in this community?
I have lived in Ashland more than nine (9) years.
Please use the space below to summarize any additional qualifications you have for
this position
I have served as a board member or commissioner on numerous public, non-profit, and
private commissions, or boards including: Anchorage Planning and Zoning commission
(Municipality of Anchorage; 1990 to 1997 - Chair 1996 - 1997); Girdwood Land Use
Task Force (Municipality of Anchorage; 1994-1997); KSKA Citizens Advisory Board
(Alaska Public Radio); Alaska Workers Compensation Board (Designated Chairman);
Healy Clean Coal Project Disputes Review Board (Chairman); and trustee for several
multi-employer health and welfare, and retirement funds. Additionally, in my capacity as
a lawyer and arbitrator, I have chaired numerous judicial or quasi-judicial entities
including hundreds of arbitration hearings, workers compensation hearings, OSHA
review board hearings, police and fire retirement benefit claims, and Alaska Department
of Transportation construction claims.
January 22, 2007
@:TReeuA!AJ
Date
Signature
~A'
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(uashlandorus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name :17.A:lfNE-iAJ ~iLER
Requesting to serve on: B I Kr:... / PJS~Sl~ ,/1':rt-{
Address Z 6L/ WAf JJCK /~v6- J
~ .,~.---
~Committee)
Occupation 5c EN fe CP<i<fB.-iTf.i;/OS f
Phone: Home Cr:r3.- ~~~3
Work 4g2.-2.JI/ ^-34'::::>
Email f1'1 se. i fat 7'-( r;: l"ct~( /' J . C0YV)
Fax
1. Education Back2round
What schools have you attended?
What degrees do you hold?
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
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Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
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3. Interests
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5. Additional Information
How long have you lived in this community?
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m'~W~j 3/!~ CITY OF
U ASHLAND
MAR 0 7 2007 PLICA TION FOR APPOINTMENT TO
BY: -u_uu___uuu___ CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name ~~ ( ~ <:L
<'"'
~ DYY\ VY\-elf
Requesting to serve on:]S, ke.. +- 7 ~ de ~~ ;tuV) (Commission/Committee)
Address kIJr3 ~A1/l'L VV'. HsLt (~o{
Occupation Wri ~ /tcLb,,,j JlV\L6t'Cttlrfhone: Home S6.2 - /CfLf 2-
I ( Wo~
Email jiA.I.t!<..sOdr\v.V\evti}J.I~t..v.Lv
Fax
1. Education Back!!round
What schools have you attended?
What degrees do you hold?
U~-
BA-
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U'-?1CL"i
Cv~J~A/l1-t'41
What additional training or education have you had that would apply to this position?
2. Related Exoerience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
~t:~>
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3. Interests
Why are you applying for this position?
.-t-(~r1cevn~J tt0tne/-
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4. A vailabilitv
Are you available to attend special meetings, in addition to the regu13;r
meetings? Do you prefer day or evening meetings?
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5. Additional Information
How long have you lived in this community?
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Please use the space below to summarize any additional qualifications you have for this
position
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Signature ['
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CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chrisleb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Patricia West
Requesting to serve on: Bicycle and Pedestrian Commission
(Commission/Committee)
Address: 446 Briscoe Place, Ashland, OR 97520
Occupation: Retired Freelance Writer
Phone: Home 488-6834
Work
Email: westword@jeffnet.org
Fax
1. Education Backe:round
What schools have you attended?
University of Iowa
What degrees do you hold?
BA
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars?
Why? Yes, to stay up-to-date on subject.
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3. Interests
Why are you applying for this position?
I try to drive as linle as possible, so I am interested in safety and convenience for walkers
and bicyclists.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes; prefer day meetings.
5. Additional Information
How long have you lived in this community?
l5 months
Please use the space below to summarize any additional qualifications you have for this
position
Date: September] 3, 2006
Signature Patricia West
~~,
BUILDING APPEALS BOARD
2 Positions Available:
· Two positions for terms to expire 4/30/2010
Members Requesting Reappointment:
· John Fields
· Dale Shostrom
New Applications:
· None
CONSERV A liON COMMISSION
1 Position Available:
· One position for a term to expire 4/30/2010
Members Requesting Reappointment:
· None
New Applications:
· Tracy Harding
CITY OF
ASHLAND
1m ~ ~ u: ItW IT:Tffi
1Dl MAR 1 6 2007 lID
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
B Y: "~"'--.-r>leasetyp~- or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashJand.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Tracy Harding
Requesting to serve on: Conservation Commission
Address
334 Bridge Street Ashland
Occupation self employed
Phone: Home 488-7884
Email reclamation@riseup.net
1. Education Backeround
What schools have you attended? Southern Illinois University
What degrees do you hold? BFA
What additional training or education have you had that would apply to this position?
None, I am self-taught in some areas covered by the commission and
have plenty more to learn. I expect my interest in the work of this
commission to make the learning a pleasure.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have served three years on the Bicycle & Pedestrian Commission
and have on several occasions worked with Conservation and other
commissions to participate in events I have organized.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Certainly. However, I believe we have enormous expertise and
information within the commission, city staff and the community. I
would expect to learn from working with these people.
ri.'
3. Interests
Why are you applying for this position? I am very interested in the work of
this commission; I would be very excited to be part of the change they
are working towards. I believe that every single person has countless
opportunities in their day to make choices that either impact our
environment or no not, I think every little bit counts. I would like to
further my effort to help individuals realize they can and do make a
difference. I would like to help find a business interested in
becoming an Ashland Green Business by altering their transportation
choices. I am excited by the potential of an upcoming project that
would inventory the cities greenhouse gases (lCLEI).
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am able to make the
monthly scheduled meetings.
5. Additional Information
How long have you lived in this community?
6 years.
Tracy Harding
03-16-07
ri.'
FOREST LANDS COMMISSION
3 Positions Available:
· Three positions for terms to expire 4/30/2010
Members Requesting Reappointment:
· None
New Applications:
· Chris Iverson
lID ~@~TIW~1ffi
ml MAR 0 2 2007 Jill
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
BY: -nu-MNfs-elype-6r print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Chris Iverson
Requesting to serve on: _Forest Lands Commission_ (Commission/Committee)
Address
868 'A' St. Ashland, Or 97520
Occupation_Grant Writer
Phone:
Work
Email
Fax
Home 503 209 9582
1. Education Back2:round
What schools have you attended? Franklin H.S., Portland Community College, Portland
State University
What degrees do you hold? None
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
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3. Interests
Why are you applying for this position?_To become active in the community and serve
the people of Ashland and the region. _
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available and flexible to attend
special meetings.
5. Additional Information
How long have you lived in this community?
been connected to this area for two decades.
Almost one year, but I have
Please use the space below to summarize any additional qualifications you have for this
position
I work well with others. I have studied decision making and group dynamics. I currently
serve on the board of directors for three non-profits and am on a State appointed advisory
committee. I have experience in formal processes and applications.
_March 1, 2007
Date
Chris Iverson
Signature
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HISTORIC COMMISSION
4 Positions Available:
· Three positions for terms to expire 4/30/2010
· One position for a term to expire 4/30/2009
(Created by resignation of Mollie Owens-Stevenson)
Members Requesting Reappointment:
· Terry Skibby
First Appointed in 1989
· Keith Swink
First Appointed 11/18/2003
New Applications:
· James Watkins
December 27, 2887
1ID~(g~I1W~1ID
1m DEe 2 8 2006 1ill
BY: ____________________
Dear Mayor Morrison,
I am submitting my name to be considered for appointment to the
vacancy on the Historic Commission. I have lived in Ashland since
1995 and have been attending plays here since 1988. Hence, I have
a great appreciation for the historical nature of a sizeable
portion of this town and the need to preserve it, using common
sense and sensitivity to the needs of property owners and citizens
in general.
I spent my working years in education, teaching high school for
twelve years and administering public schools for twenty-three
years, holding a variety of administrative titles from Assistant
Principal to Superintendent. My teaching area was Social Science,
and within that field I taught History a good portion of the time,
although my specialty was Economics. As an administrator, I
became very familiar, perhaps more familiar than I would have
preferred, with committee work, chairing and serving on more
committees than I can remember. I also worked with several school
boards.
I recognize change is inevitable, and one should not preserve
something just for the sake of preservation if it is not in the
best interests of the town's future. But I believe there ;s much
in Ashland that is worth preserving, and to lose it would be a
mistake. I volunteer in the chamber's Vistor Booth on the plaza
during the summer and just about every week somebody mentions how
much they admire downtown Ashland and its buildings. The same can
be said for much of the Railroad District and other parts of the
Historic District. Change in this area should be done only after
careful thought.
I would appreciate the opportunity to serve on the Historic
Commission and believe I would be able to make a positive
contribution to it. Thank you in advance for giving my
appol;cation your consideration.
Sincerely,
~-~/= ~J~~~~,
(dme~' ~atk ins
581 Parkside Drive, Ashland
482-6221
jimjoann@mind.net
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email HYPERLINKmailto:christeb@ashlandor.us
. If you have any questions, please feel free to contact the City
Recorder at 488-5307. Attach additional sheets if necessary.
,
Name ~ 0 In.~ $: W?l -t- k.J h ,<";'
Requesting to serve on: l~ } st-D ,.. / c
Address ~r;DJ f~ rk",'" :)"'-~ ~ ]),.. J II.Q...
Occupation ~ -t r eJ
(~!Mcomrnittee)
Phone: Home 17; d-..-tY' ~ a)
Work - ,
Email,'i1mjO,?tj.,a> !nthrJ. he~
Fax
Education Background
What schools have you attended?
What degrees do you hold?
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What prior work experience have you had that would help you if you were appointed to
this position? ,
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Why are you applying for this position? tJ ~ ,; 'J j Ill,,, J j" ~). ~<; h '" '" I/~ if I
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Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Y..p~
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Additional Information
How long have you lived in this community?
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Please use the space below to summarize any additional qualifications you have for this
position . '. _}.
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HOUSING COMMISSION
3 Positions Available:
· Three positions for terms to expire 4/30/2010
Members Requesting Reappointment:
· Richard Billin
First Appointed 1/17/2007
New Applications:
· Donald Kamens
· Greg Lemhouse
· William Smith
lID ~cg~16WlE:1ffi C I T Y 0 F
illl MAR 0 2 2007 Jill AS H LAN D
APPLICA TION FOR APPOINTMENT TO
BY: _______u___uu__u CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(([lashland.OLUS. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
~
Name ~)OI1 ~
Ka.-IM ell J'
Requesting to serve on: f\o~s~
Po 60 'I 970 /
/
G \.11 "'" I.JJ/n\..
A~/~I
( Commission/Committee)
Address
Or-
Cf7r2-0
Occupation
R~,v~
Phone: Home SLff - '? 2. y... ??{l-
Work
Email
Fax
P...e.", 11 ?rJ'<-.. VI" V .
BA
1. Education Backeround
What schools have you attended?
What degrees do you hold?
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? , A
8",J~~ t-- ~aM.At~ ",vir,. au Ifin, &~y oJ.v. c~~u(l~.r ~( ~-.!1~(ftWf'r"K~4
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~MJ.~ 30 S.R-€J UMJ ~r l1tRJ 01 CfH.tSVlffer m~qtz./~~
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? ~(J'J:; ~ ~ ...oy.feYl'4tr~
~ v Jof"rr;;;.,.;'M clJrY~ c~tl;t;&U.r ~ 1~r- ~ ce;:trl bvk
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3. Interests /
Why are you applying for this position? 8-- /'.J2 //~ rH'tO r ..J) 'IfeY/4tr ~ Ca-", ~
V l-L -fvl ~ Iu ~ (f~ -ro ~r,f",L 7; LOqA/'V'it- .
4. A vailabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? ~ 10 ~...J<... ~ J1f ~"...r
5. Additional Information
How long have you lived in this community?
7lH~
Please use the space below to summarize any additional qualifications you have for this
position
f ..krv") "1, ').0"7
Date
"--I)~K~
Signature
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CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Gree. Alan Lemhouse
Requesting to serve on: Housine. Commission (Commission/Committee)
Address 2850 Wede.ewood Ln Ashland, OR
Occupation Police Sere.eant
Phone: Home 482-2507
Work 941-2438
Email glemhouse@yahoo.com
Fax
1. Education Backe.round
What schools have you attended?
Oree.on State University
What degrees do you hold?
Bachelor of Science - Sociolo2.V
What additional training or education have you had that would apply to this position?
Ammassed over 2,000 hrs of trainine.; Currently hold a Supervisor's Certificate; I
have attended numerous courses on leadership and studied extensively teambuildine.
and coachine..
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have spent the past 12 yrs in public service as a police officer, (includine. 2 with
the City of Ashland), and now as a Sere.eant. Durine. that time I have had the
opportunity to work with every facet of the community on a close and personal
basis. I have seen first hand issues that effect people, issues that many currently
only discuss, but have never personally experienced. I believe these experiences e.ive
me a unique insie.ht to findine. answers to our housine. problems. I have also had the
opportunity to lead men and women on a daily basis. This has required me to be a
patient motivator and to find consensus and creative ways to solve problems. I feel
that these leadership and team buildint! skills could positively effect the work of the
housine. commission.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? I have the opportunity to continually
work on my skills in this area and attend trainine: on behalf of my department.
~.,.
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3. Interests
Why are you applying for this position? Like many residents of Ashland, I recoe:nize
the shortae:e of affordable housine:. Unless definitively addressed, this issue wiIJ
fester and not ever be resolved to the point where the community is positively
impacted. Left alone, it wiH continue to be an issue that is talked about, but never
solved, which in the end wiH have a nee:ative impact on every citizen and prospective
citizen of Ashland. We must bee:in to put in motion salient and responsible plans to
deal with the need for affordable housine: in our town.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available Monday throue:h
Thursday at any time.
5. Additional Information
How long have you lived in this community?
community since 1995.
I have been part of the
Please use the space below to summarize any additional qualifications you have for this
position
In addition to the afore mentioned experience in team buildine: and leadership, I
have also had the opportunity to make critical decisions at critical times. While the
decisions made by the Housine: Commission may not be those of life and death, they
are ones that must be made and made with courae:e, understandine: that whatever
decision is made, may have unintended consequences. It is at this juncture that
leaders make even more difficult decisions that affect the community in the best way
possible. I believe I brine: the skills necessary to assist in this endeavor. Althoue:h I
have run for political office in the past, I brine: to this position no need to fie:ht
partisan political fie:hts, but rather focus on what is best for our town. As a youne:
workine: father of three children, I also brine: the perspective of the exact
demoe:raphic that many in town have felt that we need to have in our community. I
feel it is crucial to have that perspective actively represented on this issue.
020807
Greg A.Lemhouse
Date
Signature
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name: William R Smith
Requesting to serve on: /-Ioi/; i vtd'
Address: 1401 Oregon St #1061 Ashland OR 97520_
(Commission/Committee)
Occupation: SOU Assoc.V.P. for Housing & Dining Phone: Home_326-2020_
Work 552-6999
Email_ smithwi@sou.edu
Fax 552-6380
1. Education Backe:round
What schools have you attended? _Indiana University & Iowa State University_
What degrees do you hold? _RA. History; M.S. Student Personnel
Administration; abd Ph.D. in Hotel & Restaurant Management_
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
_I have headed several major housing construction projects totally over $60,000,000. I
served on the City of Bloomington, (IN) Housing Appeals Board. I served on the board
of directors for the Monroe County (IN) Food Bank.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? _ One can always gain new knowledge.
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3. Interests
Why are you applying for this position? Being responsible for the residence halls on
campus and an additional 150 plus units scattered through out Ashland, I feel it is
important for SOU and the City of Ashland have good lines of communication around
housing issues. I am also altruistic and want to be a positive active member of the
community.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? _ Yes. Evening are better, but days
will work also. '
5. Additional Information
How long have you lived in this community?
5 months
Please use the space below to summarize any additional qualifications you have for this
position
J CVVL- lit j Joo7
Date
WM/z 1)~
Signature
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PLANNING COMMISSION
2 Positions Available:
· Two positions for terms to expire 4/30/2010
Members Requesting Reappointment:
· Pam Marsh
First Appointed 1/17/2006
· Michael Morris
First Appointed 5/6/1997
New Applications:
· Michael Church
· Peter Gross
· Chris Iverson
· Greg Lemhouse
· Brent Thompson
f:;i;~-~:;:~;~O~~ ASHLAND
,uU PPLICA nON FOR APPOINTMENT TO
B CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Michael Church
Requesting to serve on: Bicycle and Pedestrian (Commission/Committee)
Address: 2669 Takelma Way, Ashland
Occupation: Retired
Phone: Home 488-2245
Work NA
Email mickchurch@gmail.com
Fax None
t. Education Back2round
What schools have you attended?
Birmingham, England.
Manchester University and University of Aston,
What degrees do you hold?
B.A. in Geography and Urban Studies and Master
of Philosophy.
What additional training or education have you had that would apply to this position?
During my professional life I attended various conferences dealing with pedestrian and
bicycle issues. The conference that stands out for me is the annual Congress for the New
Urbanism. Its focus is much broader than just pedestrian or bicycle issues, but it
generally had useful things to say about both issues.
2. Related Exoerience
What prior work experience have you had that would help you if you were appointed to
this position?
I recently retired as Planning Director for a city in the San Francisco Bay Area that was
working to revitalize its downtown and deal with traffic congestion. The treatment of
pedestrians and cyclists are integral to both these goals. My former community had spent
the last 40 years trying to facilitate the movement of the automobile, with little thought to
the pedestrian environment; and it only recently realized that this focus had created
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environments where no-one wanted to walk. Similarly with bicycles: Bicycle routes had
only been provided as after thoughts. once the needs of the automobile were met. As a
long time bicycle commuter I believe I had an impact on how the organization thought
about both bicycle and pedestrian movements.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I believe that I have a good grasp of the broad issues facing pedestrians and bicycles. but
it is always useful to stay aware of developments in the field.
3. Interests
Why are you applying for this position?
I want to become involved with the community in which I live. and I think I can
contribute to the work of this committee.
4. Availabilitv
Are you available to attend special meetings. in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I am willing to attend special meetings when needed. After a working life involving
many evening meetings, I prefer daytime meetings.
5. Additional Information
How long have you lived in this community?
My wife and I have been part-timers in Ashland for the past five years. I retired this
summer and we moved here full-time in early December 2006.
Please use the space below to summarize any additional qualifications you have for this
position.
I have educational and work background that gives me perspective on bicycle and
pedestrian issues. I am an advocate for greater use of bicycles in urban contexts and for
creating more pleasant and functional environments for pedestrians. I am also someone
who would look at the broad context when making a recommendation.
~ 14 I '2f;X:N
Date
l-
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Signature
er.,
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1m FEB 2 6 2007 lID
BY: ____________________
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMIITEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Peter Gross
Requesting to serve on: Planning (Commission/Committee)
Address: 523 Drager St Ashland OR 97520
Occupation: Self Employed
Phone: Home: 415-559-1160
Work
Email: peetasan@vahoo.com
Fax
1. Education Back2round
What schools have you attended?
San Francisco State University
What degrees do you hold? BA from San Francisco State University in
"Holistic Perspectives on Political Science." a self-designed degree. It is an integration of
Political Science. Holistic Health. and Speech Communication studies.
What additional training or education have you had that would apply to this position?
I took coursework in Policy Analysis. Policy Process. and Public Administration which
has given me an understanding of the multi-faceted nature of government. and the
discussion and creation of oolicy; coursework in Interpersonal Communication and
conflict resolution will aid in fostering an amicable communication environment; I have
received training in Horticulture which included the study of landscapes and planning;
awareness and knowledge of progressive concepts such as New Urbanism. Permaculture.
and I have a general commitment to progressive. environmentally sensitive practices.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I spent several years working as a carpenter/landsca.per/laborer. here in Ashland and
elsewhere. I understand codes and have paid close attention to how things are designed
and built and how oolicies relating to such are implemented.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Absolutely. When one feels that they can no
longer be educated. their lack of knowledge truly shows. Attending conferences and
seminars would further my knowledge. keep me up to date on the latest ideas and theories
in the planning arena. and put me in the DOsition to discuss my own ideas with leading
members in the field.
~;.,
3. Interests
Why are you applying for this position? I have a strong yearning to be involved in
City Government and feel that this is a good way to begin to learn the ins and outs of how
things are done in Ashland. I truly love this city and desire to see it thrive and be a model
for good planning. I feel that my presence and oerspectives can be a positive addition to
discussions and be a strong benefit to the city.
4. AvailabUitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Evening meetings are most likely
better for me. I generally try to make my own schedule so as to be flexible and am also
good with time management to schedule special meetings.
5. Additional Informatiop
How long have you lived in this community? I lived here for 5 years from 1996-2001 and
have recently returned to make Ashland my home.
Please use the space below to summarize any additional qualifications you have for this
position
1 feel I would be a strong candidate for this position. I bring you~ lots of enthusiasm.
a broad knowledge of a variety of cutting edge concepts and theories concerning
planning. community buildirnl. government. and policy creation. Strong
communication skills and a yearning to be a positive force in building a better
community here in Ashland are assets that should be required of anyone on any
commission. These are assets I possess and long to put them to use for the good of the
community.
'J.. / ~ cj () 1-
Date '
a b;r
~ Signature
~;.,
CITY OF
1ID~cg~TI\W~ml ASHLAND
IDl MAR 0 2 2007 illJ APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
BY: ____________________
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Chris Iverson
Requesting to serve on: Planning Commission (Commission/Committee)
Address
868 'A' St. Ashland, Or 97520
Occupation_Grant Writer
Phone:
Work
Email
Fax
Home 503 209 9582
1. Education Backeround
What schools have you attended? Franklin H.S., Portland Community College, Portland
State University
What degrees do you hold? None
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
~;.,
3. Interests
Why are you applying for this position?_To become active in the community and serve
the people of Ashland and the region. _
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available and flexible to attend
special meetings.
5. Additional Information
How long have you lived in this community?
been connected to this area for two decades.
Almost one year, but I have
Please use the space below to summarize any additional qualifications you have for this
position
I work well with others. I have studied decision making and group dynamics. I currently
serve on the board of directors for three non-profits and am on a State appointed advisory
committee. I have experience in formal processes and applications.
_March 1, 2007
Date
Chris Iverson
Signature
~A'
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1Bl MAR 0 1 2007 1W
BY: ____________________
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name Gre2; Alan Lemhouse
Requesting to serve on: Plannin2; Commission (Commission/Committee)
Address 2850 Wed2;ewood Ln Ashland. OR
Occupation Police Ser2;eant
Phone: Home 482-2507
Work 941-2438
Email glemhouse@yahoo.com
Fax
1. Education Back2;round
What schools have you attended?
Ore2;on State University
What degrees do you hold?
Bachelor of Science - SociololIT
What additional training or education have you had that would apply to this position?
Ammassed over 2.000 hrs of trainin2;; Currently hold a Supervisor's Certificate; I
have attended numerous courses on leadership and studied extensively teambuildin2;
and coachin2;.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have spent the past 12 vrs in public service as a police officer. (includin2; 2 with
the City of Ashland). and now as a Ser2;eant. Durin2; that time I have had the
opportunity to work with every facet of the community on a close and personal
basis. I have seen first hand issues that effect people. issues that many currentlv
onlv discuss. but have never personallv experienced. I have also had the
opportunity to lead men and women on a dailv basis. This has required me to be a
patient motivator and to find consensus and creative ways to solve problems. I feel
that these leadership and team buildin2; skills could positivelv effect the work of the
Plannin2; Commission. I also have extensive experience in the decision makin2;
process and I am fullv aware of the need to not onlv try and build consensus on
issues. but to ultimatelv make decisions and move forward. This ability can
sometimes be lackin2; in the most well-intentioned and Qualified people. but can
have drastic effects on our community bv causin2. our decision makin2. bodies to
become unresponsive and stae:nant.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Continual education in the area of
plannine:. zonin2. and land use issues or trends should be the chare:e of every
commissioner.
3. Interests
Why are you applying for this position? In Ashland. the Plannin2. Commission is one
of the most important decision makine: bodies that we have. In the most recent
years. however. the commission has seemed to lack focus and the ability to prioritize
responsibilities. While I believe there are very well intentioned and Qualified people
on the commission. I also feel that the ability to make decisions in a timely and
efficient manner is lackin2.. While decisions should be made with the most complete
information available. these decision should be made. I feel that I could brin2. a
unique perspective to the commission. not only to provide balance. but also
leadership and motivation to address the issues of the day and move forward in an
efficient and responsible manner. I believe that decisions made by the commission
should balance the needs of all the community members and should have the best
10n2. term interests in mind. void of political motivation. It is this bottom line
decision makin2. ability that I feel I could brin2. to the commission.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available Monday throue:h
Thursday at any time.
5. Additional Information
How long have you lived in this community? I have been part of the
community since 1995. My wife and her family have lived in the community for
over 25 years. We have three small children. who attend the local schools.
Please use the space below to summarize any additional qualifications you have for this
position
In addition to the afore mentioned experience in team buildine: and leadership. I
have also had the opportunity to make critical decisions at critical times. While the
decisions made by the Plannin2. Commission may not be those of life and death. they
are ones that must be made and made with coura2.e. understandin2. that whatever
decision is made. may have unintended consequences. It is at this iuncture that
leaders make even more difficult decisions that affect the community in the best way
possible. I believe I brin2. the skills necessary to assist in this endeavor. Although I
have run for political office in the past. I brin2. to this position no need to fight
partisan political fi2.hts. but rather focus on what is best for our town. As a young
workine: father of three children. I also brin2. the perspective of the exact
demo2.raphic that many in town have felt that we need to have in our community. I
feel it is crucial to have that perspective actively represented on this issue.
022807
Date
Greg A.Lemhouse
Signature
Brent Thompson
P.O.Box 201
Ashland, Or 97520
Irv~@~DW~m
W MAR 1 2 2007 l~)
9 March 2007
Mayor John Morrison
Ashland City Council
Ashland City Offices
20 East Main
Ashland, OR 97520
By
Re: Planning Commission
Dear Mayor Morrison and members of the City Council,
I am interested in serving on the Ashland Planning Commission.
I am currently President of Friends of Jackson County, a local land use oriented
group affiliated with 1000 Friends of Oregon focusing on reducing sprawl and
preserving farmland, forestland, open space and wild life habitat.
Occupationally I consider myself semi retired with experience in county level
social work and juvenile detention, building renovation and property management.
I have some development experience, but none involving covering vacant land
with buildings. Our projects have consisted of adding square footage to existing
buildings by excavating or "going up".
My goals in serving on the Planning Commission would be to contribute to
rewriting ordinances that staff, the Council, or Planning Commission felt were not
meeting current needs and to moving along current work loads by focusing on relevent
issues that would mitigate the impact of any development on neighborhoods and the
community as a whole. I have an orientation towards infill and alternative forms of
transport~on to the car. I previously served on the Planning Commission.
Thank you for considering me.
Sincer'ely,
~~~~
Brent Thompson
541 488-0407
PUBLIC ARTS COMMISSION
2 Positions Available:
· Two positions for terms to expire 4/30/2010
Members Requesting Reappointment:
· David Wilkerson
First Appointed 10/21/2003
New Applications:
· D. Claire Anderson
· Aaron Diomontopoulos
· T omi Douglas
· Margie Mee
· Sara Watson
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christcb(uJashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: D. Claire Anderson
Requesting to serve on: Arts Commission (Commission/Committee)
Address 401 Clinton St. Ashland, Oregon 97520
Occupation: Self Employed: Part time - Real Estate Investor/Property Manager
V olunteer BOD/Treasurer for Live2GIVE Inc (non-profit)
Artist
Phone: Home 488-7626
Work 928-607-1293
Email Darla_7@mac.com
1. Education Back!!round
Mt Hood Community College, Gresham OR - Portland State University, Portland OR
Academy of Art University, San Francisco, CA
What additional training or education have you had that would apply to this position?
I have taken a few classes in interior design. Have taken art classes in Solana Beach Ca
and have showed work in the Del Mar art show, and the Del Mar City Hall.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I worked as Director of Administration for the PLF Oregon State Bar (I am professional
and work well with people).
Have been on Board ofHOA in McCormick Ranch, Scottsdale AZ, I served on the
landscape committee (keeping the community looking great is very important to me)
I am currently a student of fine arts (painting) at the Academy of Art University.
I have done extensive remodeling and redesigning on numerous homes and I work very
well with contractors and sub-contractors.
r~'
3. Interests
Why are you applying for this position?
I am looking to expand the ART in my life, and to be involved in the community that I
live in. What better way to be involved in the community than to be doing something
that supports what I love.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes, my schedule is fairly flexible. I would prefer daytime meetings.
5. Additional Information
How long have you lived in this community?
We have been in Ashland just over 2 years., however I grew up in Ashland. I attended
primary thru I sl yr of college at sac before moving out of the valley.
January 30, 2007
D. Claire Anderson
Date
Signature
r~'
.~f~<Cl~ilW~1m
1 FEB 0 9 2007 lID
~'(:_-------------------
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hal~ 20 E Main Street, or ernail christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name: Aaron Diamontopoulos
Requesting to serve on: Public Arts Commission
Address 17 N. Main St. Ashland, Oregon 97520
Occupation: Owner Ashland Hardwood Gallery
Phone: Horne (541) 324-8664
Work (541) 488-6200
Email
Fax
1. Education Back2:round
What schools have you attended?
Verde Valley School, College Prep. Boarding School; Fort Lewis College
What degrees do you hold?
What additional training or education have you had that would apply to this position?
Amateur Jeweler
2. Related Exoerience
What prior work experience have you had that would help you if you were appointed to
this position?
As the owner of the Ashland Hardwood Gallery since November of2004, I have
learned how to work with artists to help them adapt their skills to the public taste. As an
assistant to the producer of three Jackson Browne festival concerts in Sedona, Az, I have
the skills to coordinate large and small events. As a board member and day-to-day worker
for the ONE DAY Foundation, a non-profit organization that succeeded in having
January, 1 2000 declared an international day of peace by the United Nations, and a
national day of peace by President Clinton, I am able to speak publicly, work well in
large and small groups and deal with elected officials and dignitaries.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Yes, it is always advantageous to expand and increase your skill.
r~'
3. Interests
Why are you applying for this position?
I have always been interested in the arts and public service.
4. A vailabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I am available at any time however I prefer meetings after regular work hours.
5. Additional Information
How long have you lived in this community? Two and a half years
Please use the space below to summarize any additional qualifications you have for this
position
q /7107
Date
~......
19nature
rj.1
.j I.
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
, >2~'~~JrW~1ffi
t -~t,~ 1 7 2007 Jill
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name Tomi Douglas
Requesting to serve on: Public Arts Commission
Address 806 Clay Street Ashland, OR
Occupation Marketing/OSF
Phone: Home 503-867-0640
Work 541-482-2111
Email tomid@osfashland.org
Fax 541-482-6917
1. Education Backe:round
What schools have you attended?
Portland State University/University of Portland
What degrees do you hold?
SA, Theatre Arts SA, Communications
What additional training or education have you had that would apply to this position?
I've been an arts administrator for most of my career (theatre primarily) and have a dozen
years of experience working with volunteer and community constituencies in various
nonprofit and community based organizations. I'm also a rabid "arts consumer" and
would love to use my problem-solving and consensus-building skills to bring more art to
our community.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
See above.. .ten years as an arts administrator (marketing and fundraising) has given me a
diverse and robust skill set. Primarily my experience in fundraising leads me to believe
that I might bring more than just artistic desire to the table-but a willingness and ability to
find and raise money for arts projects.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I'm always willing to add to my skill set and additional training would be welcomed.
~..
._~
3. Interests
Why are you applying for this position?
I'm a newcomer to Ashland and am looking for a way to contribute to my community
in a broader way and to get to know how city government works in this beautiful town.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. I'm very available and either day or evenings work fine for me.
5. Additional Information
How long have you lived in this community?
I just moved here at the end of December!
Please use the space below to summarize any additional qualifications you have for this
position
I have sat on several granting commission panels (Oregon Arts Commission, Regional
Arts and Cultural Council) and have experience in judging public arts projects as well as
funding them. In addition, I think I represent a fresh viewpoint but one that is very
sensitive to the unique character of Ashland.
Date
Signature
~~,
Application for Appointment to City Commission/committee on public art
MARGIE MEE
IJ7.~
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8 r:o.... :3 0 2007 JIJ
..........
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1049 East Nevada S1. Ashland, Or. 97520
Artist / retired
541-482 6687
rascelmee@ieffne1.or!!
I grew up in Sterling, Illinois and attended The University of Iowa in Iowa City where a
earned a B.A. majoring in Drama and a minor in Art.
I further studied at the Northwest college of Art, The College of Arts and Crafts, and
Portland Community College where I took classes in painting and sculpture during the
time I lived in Portland.
Art has always been a part of my life even when I was working and raising four
children. Many classes were taken in Madison Wis., Evanston III. And hear in the Valley
at the Rogue Gallery and Art center.
, Work Experience:
.
Helped found the Madison Civic Theatre in Madison, Wis. A professional theatre
Which is still in operation.
Elvehjem Museum of Art: 1978 to 1981 where I worked as director of membership
and corporate fundraising, and set a classical music program on Public Radio, which
is still broadcasting.
Friends of Lincoln Park Zoo/Chicago; Associate Director responsible for all
fundraising and events from 1981 to 1984.
Grant Park Concerts/Chicago: Executive Director of The Friends of Grant Park
Concerts responsible for fundraising, board development, education, Public relations.
Until moving to Portland in 1987.
Oregon Shakespeare Festival where I was the development director responsible for
All fundraising for the Portland Company until 1990.
Oregon Zoo/Portland, Executive Director of The Friends of the Zoo responsible for
All aspects of development, board development, events, and public relations.
.
.
.
.
.
I have been fortunate to live in some major cities in the United States and in Europe,
where I have observed many public art projects, and I am always curious to seek these
whenever I am traveling.
I am seeking this position because I love Ashland, and want to participate in some
community service. I live on 5 acres and haven't gotten involved in the life of the city
since moving hear nine years ago. I just seems like the right time!
I would be available for special meetings, in addition to regular meetings, and prefer
evening rather than daytime.
I believe living on my property by myself and making it my very own art project is
the best thing I can offer as a qualification to serve in public art. Life is art and I am
open to exploring all of that with passion and energy.
I also think it would be a great learning process! Many thanks for the opportunity to
apply!
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CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary .
Name: Sara Watson
Requesting to serve on: Public Arts Commission
Address: 100 Union ST Ashland, OR 97520
Occupation: Homemaker
Phone: Home 488-7692
Email: sarawatson@yahoo.com
1. Education Background
What schools have you attended?
Southern Oregon University
What degrees do you hold? BS Geography, Minor in Land Use Planning
What additional training or education have you had that would apply to this position?
Special studies in college about the relationship between open spaces, art
and the community.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Not only advantageous but desired. 1 would like to further my knowledge
about the impacts of art in communities.
rj.'
3. Interests
Why are you applying for this position?
1 think it would be a good footstool to a future career in planning and 1
would like to be engaging my education and my mind in something
worthwhile.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes, 1 would be able to attend special meetings and 1 prefer evening
meetings.
5. Additional Information
How long have you lived in this community?
A bout 25 years
Please use the space below to summarize any additional qualifications you have for this
position.
1 think my planning education has given me a foundation on how
communities value or don't value the public art in their area, and the
benefits of accessible art to community.
01111/07
Date
Sara Watson
Signature
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Letter Of Interest:
I have lived in Ashland for most of my life and I would like to find a way to
become more engaged in the community. I feel that serving as a public arts commissioner
would be a terrific way to do so.
I'm interested in finding ways in which art can help change deteriorating
communities for the better and help people value their communities more. A career in
land use planning is the path that I will most likely follow. I would like to find a way to
gear my training and experiences more towards the public spaces and public art realm of
public planning.
~
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TRAFFIC SAFETY COMMISSION
3 Positions Available:
· Three positions for terms to expire 4/30/2010
Members Requesting Reappointment:
· Doris Manion
First Appointed 4/20/2004
· Keith Massie
First Appointed 2/6/2001
New Applications:
· Greg Lemhouse
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.OLUS. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Gree: Alan Lemhouse
\ro..~l~ 6o.~e;Q..\.-
Requesting to serve on: H9HsiH! Commis~ion (Commission/Committee)
Address 2850 Wede:ewood Ln Ashland, OR
Occupation Police Sere:eant
Phone: Home 482-2507
Work 941-2438
Email glemhouse@vahoo.com
Fax
1. Education Backe:round
What schools have you attended?
Oree:on State University
What degrees do you hold?
Bachelor of Science - Sociolo2:Y
What additional training or education have you had that would apply to this position?
Ammassed over 2,000 hrs of trainine:; Currently hold a Supervisor's Certificate; ]
have attended numerous courses on leadership and studied extensively teambuildine:
and coachine:.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
] have spent the past 12 yrs in public service as a police officer, (includine: 2 with
the City of Ashland), and now as a Sere:eant. Durine: that time I have had the
opportunity to work with every facet of the community on a close and personal
basis. I have seen first hand issues that effect people, issues that many currently
only discuss, but have never personally experienced. I believe these experiences e:ive
me a unique insie:ht to fin dine: answers to our housine: problems. I have also had the
opportunity to lead men and women on a daily basis. This has required me to be a
patient motivator and to find consensus and creative ways to solve problems. I feel
that these leadership and team buildine: skills could positively effect the work of the
housine: commission.
Uo you teel ]t would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? I have the opportunity to continually
work on my skiJJs in this area and attend trainine. on behalf of my department.
~A'
3. Interests
Why are you applying for this position? Like many residents of Ashland, I recognize
the shortae.e of affordable housine.. Unless definitively addressed, this issue will
fester and not ever be resolved to the point where the community is positively
impacted. Left alone, it will continue to be an issue that is talked about, but never
solved, which in the end will have a nee.ative impact on every citizen and prospective
citizen of Ashland. We must bee.in to put in motion salient and responsible plans to
deal with the need for affordable housine. in our town.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available Monday throue.h
Thursday at any time.
5. Additional Information
How long have you lived in this community?
community since] 995.
I have been part of the
Please use the space below to summarize any additional qualifications you have for this
position
In addition to the afore mentioned experience in team buildine. and leadership, I
have also had the opportunity to make critical decisions at critical times. While the
decisions made by the Housing Commission may not be those of life and death, they
are ones that must be made and made with courage, understandine. that whatever
decision is made, may have unintended consequences. It is at this juncture that
leaders make even more difficult decisions that affect the community in the best way
possible. I believe I bring the skills necessary to assist in this endeavor. Althoue.h I
have run for political office in the past, I brine. to this position no need to fight
partisan political fie.hts, but rather focus on what is best for our town. As a young
working father of three children, I also brine. the perspective of the exaCt
demoe.raphic that many in town have felt that we need to have in our community. I
feel it is crucial to have that perspective actively represented on this issue.
020807
Greg A.Lemhouse
Date
Signature
TREE COMMISSION
3 Positions Available:
· Two positions for terms to expire 4/30/2010
· One position for a term to expire 4/30/2008
(Created by resignation of Ted Loftus)
Members Requesting Reappointment:
· None
New Applications:
· Michael Dawkins
· John Rinaldi, Jr.
l Ap~!l1Y.s~~,:f~(t .!~~~Sg.r:!1!!li~~LoD.......m......... ~...'. ..
.....k~.c:lQ~ 1J
From:
To:
Date:
Subject:
John Morrison
April Lucas; Barbara Christensen
1/18/20075:03:36 PM
Fwd: tree commission
1ID~(g~Ir\Wlblfl
IDl JAN 1 9 2007 ~i:
BY: _________________...
FYI. -Diana
>>> michael dawkins <michaeltdawkins@yahoo.com> 01/18/074:56 PM >>>
Hi John - I have thought about this for some time
....that I would like to serve on the tree commission
as well as being a planning commissioner. I love PC
and will probably volunteer as long as I am
reappointed, that is my first and primary obligation.
However, my knowledge of trees and plants in general
have been my life's work and I feel I have much to
contribute. In light of Bryan's leave, I request the
chance to fill some large shoes.
Respectively, Michael Dawkins
Get your own web address.
Have a HUGE year through Yahoo! Small Business.
http://smallbusiness.vahoo.com/domains/?p=BESTDEAL
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashlandorus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name ~~"-l ~l ~A.L;'O\ ~.
Requesting to serve on: ---==rr-ee..- ~ ~ ~ < ~ tT'--
( Commission/Committee)
Address 4SCj ~-e.)"S (.,OE.
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Occupation (Se.-w.:) ,d\ re),
Phone: Home 4:3B-\\'?G.
Work
Emailjvhn II r iY\a I&;"e+ ClJM.
Fax ~t'Je -~~n1
Cu PoV( ) SLl).J ,--U IS cfJl <5",,0) r A
~.S. ~eNTAL HVl.\IC()(;T~~
1. Education Backe:round
What schools have you attended?
What degrees do you hold?
had that would apply to
(j'(\... (
l\suJ-~~e/) l')o'+~Guitlltt,,~
2. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position? I n { L
~. ~ J; C-OYv\MPf'{~,ri& (~$~ Je.b~Ur\~ of? UVls~ fc{[:lN"v
-c lk IOfids)
Do you feel it would be advantageous for you to have fu:fi!]ler tr~g in thi~d, such
as attending conferences or seminars? Why? &1t..+~ ( (Jds tty--
).NJi'~ to l~y- J
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3. Interests
Why are you applying for this position? A ~:+:es otesh~,-t:c.... ,; ~d
clJ\~bJ i+~ I~v:~ Cl'l~ ;-ketM0 - i~:' ~;s ~~~
'1\J '~ ~s If L C/JIVv r.bJ-e '1"-' S M\€J
M.~ b ~ :-€J cQ ~ :z: ~J ~ ~lX'eJ.
4. Availability )
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? f:. \~
5. Additional Information
How long have you lived in this community?
~ a MaJ..hs
Please use the space below to summarize any additional qualifications you have for this
position J
l.\s 0.. N1NVfm~ -b~.$ Uv\t~b J1' uo-vvl ~ f~
_-to ~9.;\S+-:lk.,~:+01~ kif''d. ~ €~ ~
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Date
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CITY OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date:
Department:
Approval:
tf11\pril 17, 2007
City Recorder ~
Martha Ben~\
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.oLus
Estimated time: Consent Agenda
Statement:
Liquor License Application from Glenn Galloway dba Ashland Bakery Cafe at 38 E Main Street.
Background:
Application for liquor license is for an ownership change.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine if the applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing of this application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
r~'
CITY OF
ASHLAND
Council Communication
Declare Vehicles and Equipment as Surplus and Authorize a Public Sale
Meeting Date: April 17, 2007
Department: Finance Department
Contributing Departments: Public W r~..
Approval: Martha Bennett
Estimated Time: Consent Agen
Primary Staff Contact: Lee Tuneberg
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: Mike Morrison Jr.
E-mail: morrism@ashland.or.us
~
Statement:
This action is to request the City Council, as the Local Contract Review Board, to declare the vehicles and
equipment listed below as "Surplus Property", and to authorize the sale of surplus items by a public sale
(Invitation to Bid/Sealed Bid Auction).
Staff Recommendation:
Staff recommends that Council declare the listed items as surplus and authorize disposal by sale.
Background:
The vehicles and equipment listed here were scheduled to be replaced in the FY 2006-2007 budget due to their
age, mileage and/or wear. We have discovered through the years that the cost associated with keeping older
used vehicles is cost prohibitive and will cost the City more if not disposed of in a timely manner. These vehicles
still have a resale value now, but won't in the near future.
Veh/Equip # Year Make VIN/Serial # Estimated Value
281 1996 Jeep Cherokee 1J4FJ78S5TL248795 $2,300.00
456 2003 Ford Crown Vic 4 Door (Police) 2FAFP71VV33X154831 $2,100.00
500 2002 Honda Passport 4S6DM58VV224400023 $5,000.00
457 2003 Ford Crown Vic 4Door (Police) 2FAFP71VV33X154832 $2,100.00
136 1993 Ford Hon Dump Truck 2FDKF37H7PCA 14481 $4,800.00
357 1998 Dodge Ext Cab 1/2 Ton 4x4 3B7HF13Z3VVG182301 $4,000.00
399 2000 Chevrolet Malibu 1 G1 NE52J2Y6276949 $3,200.00
207 1994 GMC S 15 Sonoma 1 GTCS 14Z1 R8506909 $2,000.00
400 1998 Ford F150 4x4 Std Cab LVVB 1 FTZF 18VV9VVKA69769 $3,800.00
4 1968 FORD HOE/3400 214239 $4,000.00
28 1995 Ford F-350 4x4 Pickup 2FTHF36G8SCA51149 $4,500.00
49 1986 Ford F-800 Swap Loader 1 FDYF82K9GV A52184 $5,000.00
275 1996 Ford F250 4x2 pickup 2FTHF25H1TCA40032 $3,800.00
Related City Policies:
Council authorization is required prior to disposing of surplus property having a residual value of more than
$10,000, per the following:
AMC 2.50.127 Exhibit B
Under the Ashland Municipal Code, Chapter 2.50 Public Contracts, Section 2.50.115, Disposal of Surplus
and Abandoned Property, the City of Ashland Finance [Director is authorized to dispose of surplus or abandoned
property by] transfer to other departments, direct transfer or sale to political subdivisions, state agencies, or non-
,.,
profit organizations, sale, trade, auction, or destruction; provided however, that disposal of surplus property having
residual value of more than $10,000 shall be subject to authorization by the City of Ashland, Local Contract
Review Board.
Please Note: The words in brackets [ ] above are added to help clarify staffs understanding of the revised code. This
interpretation does not affect this Council action since authorization is coming from Council as the Contract Review Board.
Staff recommends the surplus property be offered in a public sale, after considering the other disposal methods as
follows:
AMC 2.50 EXHIBIT "B" Prior to offering Surplus Property for Public Sale
(1) Prior to offering surplus property for public sale, the Surplus Property may be made available by direct
transfer or direct sale to the following:
(a) Other City departments
(b) Political Subdivisions
(c) State Agencies
(d) Any non-profit organization determined to be eligible by the Purchasing Agent.
(2) Surplus Property acquired by political subdivisions, state agencies, or qualified not-for-profit organizations
through direct sales or transfers must be used only in the conduct of their official public programs.
(3) Surplus Property must not be acquired through warehouse floor sales or direct
transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution
unless otherwise pre-approved by the Purchasing Agent.
(4) Non-qualifying private entities and private citizens, separately or combined, must not be eligible to
acquire surplus property except at public sales.
The disposal method for this public sale would be an Invitation to Bid which is defined as follows:
5) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also
known as a bid advertisement.
Council Options:
The Council, acting as the Local Contract Review Board, can declare any or all of the vehicles and equipment as
"Surplus Property" and authorize a public sale or can decline to declare the vehicles and equipment as surplus
property, preventing disposal until further action is taken.
Potential Motions:
Council moves to declare the vehicles and equipment as surplus property and authorizes a public sale (Invitation
to Bid/Sealed Bid Auction) be held to dispose of the surplus property.
Attachments:
None
r4.'
CITY OF
ASHLAND
Council Communication
Approval of Sole Source Procurement and Public Contract Greater than $75,000
SMALL WOODLAND SERVICES, Inc.
Meeting Date: April 17 , 2007
Department: Fire Department
Contributing Departments: Legal, P. asing
Approval: Martha Benne
Estimated Time: Consent Age
Primary Staff Contact: Keith Woodley
E-mail: woodleyk@ashland.or.us
Secondary Staff Contact:
E-mail:
Statement:
This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a public
contract greater than $75,000 deemed to be Sole Source Procurement. It has been determined based on written
findings that Small Woodland Services (Marty Main/Owner) is the only company in the Rogue Valley capable of
providing the specialized skills and knowledge of an experienced Consulting Forester and the complex Forest
Land Management Services required by the City.
Staff Recommendation:
Staff recommends that the City enter into a public contract with Small Woodland Services, Inc. based on the Sole
Source Determination and Written Findings.
Background:
In 1996, the City of Ashland requested proposals from qualified persons to provide commercial and
non-commercial silvicultural activities on city-owned lands in, and adjacent to, the City of Ashland Watershed. At
that time only one response was received from Small Woodland Services, Inc.. A contract for work was entered
into with Small Woodlands Services, Inc., and the contract period was not specified because it was not known
how many years it would take, given funding cycles, to conduct silvi-culture projects across the 1,075 acres of
City-owned forest lands. In 2002, a second RFP was issued for continuation of project work and Small Woodland
Services, Inc. was the only response received. The contract for work entered into at that time was for five years
duration. This current contract will expire June 30, 2007, and it is necessary to renew it as further monitoring and
silviculture work has yet to be planned and completed on portions of the City ownership. It is recommended that
the City engage Small Woodland Services, Inc., in a two (2) year contract with the option of three (3) one year
extensions for a maximum period of five (5) years. The consultant will also provide technical services to the City of
Ashland with regard to the USFS Ashland Forest Resiliency (AFR) project. This effort is, in part, a pursuit of the
ongoing City Council goal of enhancing collaboration between the City of Ashland and the United States Forest
Service with regard to the Ashland Forest Resiliency Project (AFR). The estimated cost of this project is up to
$75,000 per fiscal year for a total amount not to exceed $375,000 over the course of five (5) fiscal years.
Related City Policies:
2.50.075 Sole Source
The appropriate department head shall determine when there is only one seller or price of a product of the quality required
available within a reasonable purchase area. To the extent reasonably practical, the appropriate department head shall
negotiate with the sole source to obtain contract terms advantageous to the contracting agency. The determination of a sole
source must be based on written findings that may include:
r~'
(1) That the efficient utilization of existing goods requires the acquisition of compatible goods or services;
(2) That the goods or services required for the exchange of software or data with other public or private
agencies are available from only one source;
(3) That the goods or services are for use in a pilot or an experimental project; or
(4) Other findings that support the conclusion that the goods or services are available from only one source.
2.50.020 Public Contractina Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior
Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:
Local Contract Review Board can approve the Sole Source procurement or decline to approve the Sole Source
procurement.
Potential Motions:
Local Contract Review Board moves to approve the public contract deemed to be a Sole-source Procurement.
Attachments:
Sole Source Determination and Written Findings
Scope of Services
r.l'
CITY OF
ASHLAND
Approval of Sole Source Procurement and Public Contract
Greater than $75,000
SMALL WOODLAND SERVICES, INC.
SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS
PERSONAL SERVICES
To: Lee Tuneberg, Director of Finance
From: Keith E. Woodley, Fire Chief
Date: April 10, 2007
Re: Sole Source Determination for Personal Services pursuant to AMC 2.52.050 for
a Consulting Forester and Forest Land Management Services - Small Woodland
Services, Inc.
Authority to enter into a Sole-Source Contract:
AMC 2.52.050 Formal Competitive Selection Procedures-Exemptions
C. The Department Head finds, in writinq and at his or her discretion, that there is
only one person or entity within a reasonable area that can provide services of
the type and quality required.
AMC 2.52.070 Selection Process
A. The Department Head shall make written findings justifying the basis for
the award.
Background:
In 1996, the City of Ashland requested proposals from qualified persons to provide commercial
and non-commercial silviculture activities on city-owned lands in, and adjacent to, the City of
Ashland Watershed. At that time, only one response was received from Small Woodland
Services, Inc. A contract for work was entered into with Small Woodlands Services, Inc. and the
contract period was not specified because it was not known how many years it would take,
given funding cycles, to conduct silviculture projects across the 1,075 acres of City-owned forest
lands. In 2002, a second RFP was released for continuation of project work and Small
Woodland Services, Inc. was the only company to submit a proposal. The contract for work
entered into at that time was for five years duration. This contract will expire June 30, 2007, and
it is necessary to renew it as monitoring and silviculture projects remain to be completed
throughout the City forest land ownership. It is recommended that the City engage Small
Personal Services - Sole Source Determination and Written Findings, Drafted 03/30/2007, Page 1 of 3
Woodland Services, Inc., for a two (2) year contract with the option of three (3) one year
extensions for a maximum period of five (5) years.
Findings:
Pursuant to ORS 2798.075 (2)(a): Provide findings supporting your determination
that the efficient utilization of existing goods requires the acquisition of
compatible goods or services from only one source.
The City of Ashland has engaged Small Woodland Services as its technical silviculture
consultant with regard to the USFS Ashland Forest Resiliency (AFR) Project. Because
of their fundamental role in the development of the Community Wildfire Protection
Project proposal to the USFS for the AFR project, it is essential that Small Woodland
Services. Inc. be retained in this consultation role until AFR is completed.
In the two previous RFPs released for Forest Work, Small Woodland Services, Inc. was
the only proposer to submit a proposal. This contract requires a service provider who is
capable of providing silvicultural work consultation services in addition to actual fuels
management on the ground. Small Woodlands Services, Inc. is uniquely qualified to
provide this broad range of services to the City of Ashland.
The City of Ashland has demonstrated a desire to use silvicultural work on its forest land
ownership as a learning laboratory, as well as carrying forth forest management actions
designed to improve forest ecosystem health. A variety of organon study plots, and
other experimental wildfire fuels treatment strategies have been undertaken by Small
Woodlands Services, Inc. on City-owned forest lands. It would be difficult, if not
impossible, to replicate or continue these existing strategies with a change in service
providers.
Pursuant to ORS 2798.075 (2)(d): Any other findings that support the conclusion
that the goods or services are available from only one source.
Small Woodlands Services, Inc. is uniquely qualified to provide the forest management services
required that must meet the following criteria:
. The experience of the offeror with silvicultural activities in municipal watersheds, with similar vegetation,
topography, wildlife habitat and fire regime as is found in the Bear Creek Watershed
. Projects conducted with minimal disruption to forest ecosystems.
. Projects utilized methods consistent with Ashland community values.
. Work performance that demonstrates an understanding of potential impacts upon forest health.
. Sensitivity to community attitudes regarding watershed values.
. Experience in community education regarding wildfire mitigation.
. Previous work performance that has minimized impacts on adjacent landowners and residential
neighborhoods.
. Previous work performance that has enhanced long term habitat creation within project areas.
. A general approach to project management which creates opportunities for city and community involvement
and is inclusive.
. Sensitivity to environment activism and special interest groups.
. Standards of performance which meet community acceptability.
Public Notice:
Personal Services - Sole Source Determination and Written Findings, Drafted 03/30/2007, Page 2 of 3
2
Pursuant to AMC 2.52.070 (C) and OAR 137-047-0275 (2)(3), the City of Ashland
will give such public notice at least seven days before Award of the Contract.
Date Public Notice first appeared on www.ashland.or.us - April 10, 2007
i"~ , ,.' .__>.'
V
PUBLIC NOTICE
Sole-source Procurement
First date of publication: April 10, 2007
It has been determined based on written findings that the following goods or services
are available from only one source:
The City intends to award a contract to Small Woodland Services, Inc. for the
services of a Consulting Forester and Silviculture Projects Services, which
will include the planning, development and execution of silviculture projects on
city-owned forest lands within, and adjacent to, the Ashland Watershed. These
projects include, but are not necessarily limited to, the supplying of all labor,
equipment, materials and silviculture consultation services necessary to conduct
wildfire fuel reduction and forest health enhancement activities on city-owned
forest lands. Marty Main (Owner of Small Woodland Services, Inc.) will also
provide the services of a technical consultant, on behalf of the City of Ashland, to
the USFS for the Ashland Forest Resiliency Project. The contracted services are
intended to begin on July 1, 2007, and will continue for a two (2) year period with
the option of three (3) one year extensions for a maximum period of five (5)
years.
The contract terms, conditions and specifications may be reviewed upon request by
contacting Keith E. Woodley, Fire Chief, at (541) 482-2770.
An affected person may protest the determination that the goods and services are
available from only one source in accordance with OAR 137-047-0710. A written
protest shall be delivered to the following address: Ashland Fire & Rescue, Keith E.
Woodley, Fire Chief, 455 Siskiyou Blvd, Ashland, Oregon 97520. The seven (7)
protest period will expire at 5:00pm on April 17, 2007.
This public notice is being published on the City's Internet World Wide Web site at
least seven days before the Award of the Contract.
This contract is subject to the final approval of the City's Local Contract Review
Board. Under AMC 2.50.010, the City Council is the designated Local Contract
Review Board; therefore, the contract recommendation will be presented to the City
Council on April 17, 2007.
Personal Services - Sole Source Determination and Written Findings, Drafted 03/30/2007, Page 3 of 3
3
Approval of Sole Source Procurement and Public Contract
Greater than $75,000
SMALL WOODLAND SERVICES, INC.
April 2007
SCOPE OF SERVICES
It is the intent of the City of Ashland to substantially reduce the risk of
catastrophic wildfire on city-owned forest lands in, and adjacent to, the Ashland
Watershed. The total project area encompasses approximately 1,075 acres of forest
land within the Ashland, Roca and Hamilton Creek watersheds. The City wishes to
engage in a personal services contract for the development and execution of silvicultural
projects, and consulting forester services, to achieve this objective.
Background
In 1992, as a result of general public concern over the potential impact of
a catastrophic wildfire to the resources of the Ashland Watershed, McCormick &
Associates were commissioned to prepare a Forest Management Plan for
city-owned forest lands. In February 1993, the City Council created the Forest
Commission to oversee forest management activities on city-owned forest lands.
A principle objective of this commission is to substantially reduce the risk and
impact of wildfire on these forested parcels. Proposed management activities are
designed to protect watershed values, provide maintenance of water quality and
quantity for the City, to promote forest and ecosystem health, and the reduction
of wild fire hazard and risk.
Goals
Employ ecologically responsible stewardship principles and an open and
transparent community decision-making process.
Promote healthy forest stands for the long term through reducing stand densities.
Maintain structures, features and processes critical to the functioning of late seral
forests such as tree densities appropriate to the forest type, biodiversity
appropriate to the forest type, large snags, down logs, multi-layer canopy, soil
structure and nutrient recycling.
Reduce significantly the likelihood of a large scale, high intensity wildfire through
activities that will ultimately restore a disturbance regime more closely emulating
the historic range of natural disturbances. This goal will not be accomplished with
a single management action and may take years or decades to complete.
Protect and improve aquatic and riparian transition zone habitat.
Increase stability and productivity of surface soils by increasing effective ground
cover, including coarse woody debris, mosses, native grasses and low shrubs.
Maintain and protect wildlife by preservation of key habitat characteristics and
retention of structural diversity across the landscape.
Specific Components of the Scope of Work
The following is a proposed list of the items that would be required during
some of the anticipated phases of the consultant's work. This is a preliminary
discussion of items and is, by no means, intended to limit or constrain the
proposer in their design and evaluation.
1. Examples of Planning Activities
Planning of wildfire fuel reduction / forest health enhancement projects.
Development of silvicultural prescriptions by project area.
Project analysis and identification of alternatives.
Project design, schedule and estimated costs.
Presentation to Forest Commission, and community groups as
necessary, on work plans.
Provide technical consultation to the City of Ashland regarding USFS
projects in the Ashland Watershed.
Meetings with City Staff as required.
2. Examples of Field Work
Obtain necessary project permits, i.e.: ODF, ODF&W, USFS.
Stand density reduction through non-commercial thinning, with
subsequent slash treatment
Reduction of dwarf mistletoe disease on a stand level basis where
indicated.
Creation of fuel discontinuities in both horizontal and vertical directions
Provide field supervision of operating personnel, including subcontractors.
Conduct inventory, implementation, effectiveness, and validation monitoring
3. Evaluation and Recommendations
Provide recommendations to City Staff on forest and ecosystem health issues.
Evaluate effectiveness of silvicultural activities.
Identification of future projects.
Provide technical support to Ashland Forest Lands Commission
4. Reports
Prepare reports as required addressing the following:
Costs per acre of silvicultural treatments.
Extent & nature of work completed.
Follow-up action required on site basis.
5. Standards of Performance
Projects conducted with minimal disruption to forest ecosystems.
Projects utilize methods consistent with Ashland community values.
Work performance which demonstrates an understanding of
potential impacts upon forest health.
Sensitivity to community attitudes regarding watershed values.
Experience in community education regarding wildfire mitigation.
Work performance which minimizes impacts on adjacent landowners
and residential neighborhoods.
Work performance which enhances long term habitat creation within
project areas.
General approach to project management creates opportunities for city
and community involvement.
Work performed in a manner that engenders community acceptability.
CITY OF
ASHLAND
Council Communication
Annual Ambulance License Renewal
Meeting Date: April 17, 2007
Department: Fire & Rescue ,
Contributing Departments: City R~CO ~
Approval: Martha Benn
Estimated Time: Consent Age
Primary Staff Contact: Keith E. Woodley
552-2217 woodleyk@ashland.or.us
Secondary Staff Contact:
Statement:
Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers
operating within the City of Ashland to apply annually for an ambulance operator's license.
Background:
The fire department has provided emergency services in Ashland since 1885. From 1926 to
1936, the fire department operated the ambulance service in Ashland, and in 1936 the ambulance
service was sold to Litwiller Funeral Home. The fire department obtained its first medical
response vehicle (Rescue 9) through community donations in 1973, and began providing first
response emergency medical services to the community. In January 1996, the City of Ashland
purchased the Ashland Life Support Ambulance Company and Ashland Fire & Rescue began
providing ambulance services within a 650 sq mile ambulance service area in south Jackson
County, known as ASA III. Ambulance services in Oregon are regulated by county governments,
and within the City of Ashland they are required to obtain an ambulance operator's license. This
license is renewed on an annual basis.
Related City Policies
AMC Chapter 6.40.110
Council Options:
Approve or deny renewal of Ashland Fire & Rescue's ambulance license.
Staff Recommendation:
Staff recommends approval of the ambulance service license renewal.
Potential Motions:
Motion to approve or deny Ashland Fire & Rescue's request for ambulance license renewal.
Attachments:
Ambulance license renewal application.
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CITY OF ASHLAND
APPLICATION FOR AMBULANCE OPERATOR LICENSE
AMC Ch. 6. 6.40
Applicant's Name: CITY OF ASHLAND
Trade Name, if any: ASHLAND FIRE & RESCUE
Address: 455 Siskiyou Boulevard
Ashland OR 97520
Telephone number: (541) 482-2770
Ambulance descriptions Manufacturer Vin # License #
1. 1992 FORD WHEELED 1 FDJS34M4NHA34394 EXEMPT
COACH
2 1992 FORD LIFELINE 1 FDKE30M7PHA05945 EXEMPT
3. 1996 FORD LIFELINE 1 FDKE30F8THA48282 EXEMPT
4. 1999 FORD LIFELINE 1 FDXE40F2XHA00469 EXEMPT
5. 2002 FORD LIFELINE 1 FDXF47F63EA1 0341 EXEMPT
6. 2006 FORD LIFELINE 1 FDXF47P06ED06467 EXEMPT
o Attach information showing that every proposed driver, attendant and driver-
attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as
required by the laws of the State of Oregon.
o Enclose with the application, the initial license fee of $300 plus $100 per ambulance.
o Enclose a performance bond in the amount of $500,000.
o Enclose an insurance policy meeting the requirements of AMC 96.40.110.7. Attach
additional pages as necessary. Explain any box not checked.
Submit your application and required enclosures to Barbara Christensen, City Recorder,
City Hall, 20 East Main Street, Ashland, Oregon 97520.
I certify that each ambulance listed above is adequate and safe for the purposes for
which it is to be used and that it is equipped as required by Ashland Municipal Code
Chapter 6.40 and the laws of the State of Oregon.
Signature:
Print name:
Title:
Date:
CITY OF
ASHLAND
Memo
TO:
FROM:
DEPT:
RE:
DATE:
Martha Bennett, City Administrator
Keith E. Woodley, Fire Chief
Ashland Fire & Rescue
Annual Ambulance Service License Renewal
April 9, 2007
In compliance with AMC 6.40.120, an inspection and test of all ambulance service vehicles,
equipment and fixed facilities has been completed as required for the annual renewal of the
ambulance service operator's license of Ashland Fire & Rescue.
All vehicles, equipment and facilities associated with the provision of ambulance services to
the City of Ashland have been found to be in compliance with ordinance requirements.
Ashland Fire & Rescue
455 Siskiyou Blvd.
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-482-2770
Fax: 541-488-5318
TTY: 800-735-2900
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CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE,
CONCERNING CONVERSION OF EXISTING RENTALS INTO FOR-PURCHASE HOUSING IN
MULTI-FAMILY ZONING DISTRICTS TO PROVIDE ADDITIONAL INCENTIVES,
CONTRACTUAL COMMITMENT, DENSITY BONUS AND OTHER VOLUNTARY
MECHANISMS TO INCREASE AFFORDABLE FOR-PURCHASE HOUSING STOCKS AND
AFFORDABLE RENTAL UNITS IN MULTI-FAMILY ZONING DISTRICTS
Meeting Date: April 17, 2007
Department: Community Develop ent
Contributing Departments: Le
Approval: Martha Benne
Primary Staff Contact: Brandon Goldman 552-2076(A~
E-mail: qoldmanb@ashland.or.us "-
Secondary Staff Contact: David Stalheim 552-2043 . .
E-mail: stalheid@ashland.or.us
Request:
Review and recommendation regarding amended provisions within the R-2 and R-3 multifamily
zones (Chapters 18.24.020, 18.24.030, 18.24.040, 18.28.020, 18.28.030, 18.28.040), and
procedures section (18.108.030) of the Ashland Land Use Ordinance relating to the Conversion
of existing multi-family rental units into for-purchase housing.
Statement:
The proposed ordinance is not ready for adoption as drafted. The changes to the ordinance are
considerable, and Community Development staff and the Planning Commission have not had
an ample opportunity to review these changes. As such, our recommendation will be to review
the ordinance as drafted, gather public input, and provide direction to staff in the review and
potential redrafting of this ordinance.
The proposed ordinance pertains to the conversion of existing multi-family rental units into for-
purchase housing. The purpose of these amendments is to ensure an adequate supply of
rental units remains within Ashland. An associated, but separate ordinance is proposed to
protect the tenant rights of those households facing displacement by conversions. A third
ordinance change is also proposed to amend the Building Code (chapter 15.04) to establish an
inspection and review procedure to protect the health and welfare of future residents. The
building code, and tenant rights ordinances are addressed under separate council
communications.
The proposed ordinance does not prohibit the construction of new condominiums, which is
currently a permitted use in the R2 and R3 zones, nor does it preclude conversion of existing
apartments into condominiums.
Under the proposed and existing land use ordinance, there are three basic paths that an
applicant can take for condominium development:
1) Construction of new condominiums is provided as a right under the existing and
proposed ordinance, provided that the new construction does not involve demolition of
an existing multi-family dwelling.
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2) Conversion of existing multi-family rental housing into for-purchase housing would be
allowable as a Permitted Use when 50% of the total units are retained as market rate
rentals, and these 50% of the total units not condominiumized into individual units of
ownership. Under this option, however, the ordinance does not provide any relief for
non-conformities, such as setbacks, parking, etc.
3) If the applicant wishes to have relief from non-conformities, then the third path is a carrot
and stick approach. The carrot is that there would be relief from certain standards, such
as setbacks and incentives provided, such as density bonuses and density transfers.
The trade-off would be requirements for providing affordable housing at specified levels
as set forth in the ordinance. This approach in the draft ordinance can go two different
routes: a permitted use where a development agreement is required, or a conditional
use permit path.
In the paths described above with incentives, a minimum of 25% of the units must be retained
as affordable. Additionally the application may request a density bonus for the affordable
housing units provided on site or to be transferred to an alternative site up to a 35% density
bonus. The proposed ordinance stipulates that in all cases adequate capacity of public facilities
and public safety (water sewer, electric, fire and police protection, storm drainage, traffic) must
be demonstrated. Further, site review standards for number of bike and automobile parking
spaces, landscaping, street trees, trash and recycling enclosures, are required.
Should an applicant proceed with the incentive paths that require affordable housing, the
following would be required. These affordability standards are consistent with the draft
ordinance originally reviewed by the Housing and Planning Commissions.
· All affordable units are to be sold or rented to qualifying households.
· In the event the unit is for-purchase, the household income could not exceed 80% of the
Area Median Income (AMI).
· In the event the unit is to be an affordable rental after conversion, then the occupant
household income could not exceed 60% AMI. The rental income targeted (60% AMI)
is a reduction from the previous income target for rentals of 80% AMI. .
The adjustment of what qualifies as an affordable rental to the 60%AMllevel also addresses a
current issue that such units currently renting at a rate that is affordable to households earning
80% are in some cases renting for more than prior to the conversion. As an example of this
change in rental cost, a 2 bedroom affordable unit under the existing ordinance, for a household
at 80%AMI, could rent for up to $805 per month, under the proposed ordinance that 2 bedroom
unit would rent for $586 to a household at 60% AMI.
The proposed ordinance aims to preserve existing rental units while continuing to afford the
opportunity to allow the condominium conversion process to provide a means of rehabilitating
older housing stock.
Deed restricted affordable units would in part offset the negative impacts of a decreasing rental
housing stock and would assist the City in meeting its affordable housing goals. As the Fair
Market Rents as defined by the Department of Housing and Urban Development for our area
are presently affordable to households earning 80% AMI, the change in the income target to
60%AMI secures units that are affordable to households that are otherwise overburdened in
market rate rental housing.
In consort with these proposed modifications a Tenants Rights Ordinance is also being
forwarded to the City Council for consideration. The proposed Tenants Rights ordinance aims to
minimize the adverse impacts upon existing tenants, within an existing apartment complex, that
are subject to displacement due to conversion of the complex into for-purchase housing.
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CITY OF
ASHLAND
Lastly specific building code modifications relating to conversion of multi-family rental units into
for purchase housing are addressed under a separate ordinance which is addressed in another
Council Communication. The Building code amendments aim to establish a required inspection
of converted units to ensure they are not substandard dwellings and that they comply with the
building code standards for previously existing buildings.
Background:
The development of the proposed condominium conversion ordinance included numerous
public meetings, the formation of an ad-hoc committee and a joint study between the Planning
and Housing Commissions. Public hearings were held before the Housing Commission and
Planning Commission.
6/27/2006 - Joint Housing and Planning Commission Study Session
7/20/2006 - Ad-Hoc Committee meeting - and Planning Commissions
7/25/2006 - Planning Commission Study Session
8/21/2006 - Housing Commission public hearing
10/10/2006 - Planning Commission Public Hearing
10/24/2006 - Planning Commission Public Hearing Continued
Subsequent to the public hearings for the originally drafted land use ordinance changes by both
the Planning and Housing Commissions, the Legal Department determined that the proposed
changes would be subject to a Measure 56 notice which requires direct notice to any impacted
party. The Planning Division provided notice all owners of multifamily zoned property currently
containing multi-family dwellings. Further the Legal Department evaluated the draft ordinance
and proposed resolution and determined that they were best processed as three independent
ordinances.
Each new ordinance was drafted in an effort to craft a comprehensive approach to addressing
the impacts of conversion and also to identify incentives that correlated with the provision to
include affordable housing in a voluntary process. The revised code language currently
presented was completed on April 6th, 2007. The Council review had been previously scheduled
for April 1 yth 2006 and noticed accordingly. The Planning Commission was presented with the
current draft code language on April 1 oth, 2007 to update them as to the changes in the
proposed ordinance that have been incorporated since last they saw it. Their concerns are
noted in the recommendations section of this Council Communication.
Related Policies
The criteria for a legislative amendment to the land use ordinance are as follows:
18. 108. 170.A. It may be necessary from time to time to amend the text of the Land Use
Ordinance or make other legislative amendments in order to conform with the comprehensive
plan or to meet other changes in circumstances and conditions. A legislative amendment is a
legislative act solely within the authority of the Council.
The establishment of criteria of approval establishing a requirement to retain rental units, or to
provide a percentage as affordable housing, for the conversion of existing apartments into for-
purchase housing is supported by both local Council Goals, elements within Ashland's
Comprehensive Plan, the Ashland Housing Needs Analysis (2001) and Affordable Housing
Action Plan, and the Oregon's Statewide Planning Goals and Guidelines.
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Council Goals
The City Council, as part of their annual goal setting process, adopted the following goal for the
2004-2005 year:
Derive a specific list of action items from the Housing Action Plan and Needs Analysis
with reasonable, measurable marks of progress.
· Consider the land use changes listed in the Housing Action Plan
· Adopt strategies to limit allowing single-family residential development in multi-family
residential zoning districts.
· Provide in-kind support to A CL T to further affordable housing for Ashland.
The proposed changes to the R-2 and R-3 zones addressing the conversion of rental units into
for-purchase is one Land Use strategy intended to assist in limiting owner occupied housing
types within Ashland's Multi-family residential zones.
Ashland's Housing Element of the Comprehensive Plan
The Ashland Comprehensive Plan's Housing Element's single goal (6.1 O)is to:
"Ensure a variety of dwelling types and provide housing opportunities for the
total cross-section of Ashland's population, consistent with preserving the
character and appearance of the city.
Ashland's Housing Element of the Comprehensive Plan states that multi-unit apartments are
successful at between 15-20 units per acre and further that "Ashland will use the R-2 or multi-
family residential, zone to meet the housing needs for this type of housing" (ch. 6.05(A)).
Further the estimate of land need for multifamily residential (MFR- High Density R-2 and R-3
zoning) table (6.06 VI-2) clearly establishes that the MFR lands were anticipated to
accommodate the subsidized and rental housing markets, and the moderate cost and high cost
housing types were not expected to be accommodated on these lands. The relevance here is
that to comply with a provision of Statewide Planning Goal 10 an incorporated City must
inventory its buildable lands to delineate where needed housing can be accommodated in the
City's Urban Growth Boundary. Ashland has determined in our Comprehensive Plan that
Multifamily Lands constitute 40% of the supply of land for all rental units in the City (others being
provided in single family h.omes, mixed use developments, or townhomes). Most notably the
MFR lands were not considered as supply for moderate and high cost ownership housing. To
maintain an adequate supply of rental units, it is incumbent upon the City to enact land use
ordinances that allow Multi-family zoned lands to be utilized to meet the rental housing need.
Affordable Housing Action Plan
The City Council adopted an Affordable Housing Action Plan in 2002 that outlines a number of
strategies to address Ashland's need for affordable housing. One such strategy was to
implement Land Use regulations to limit or preclude the consumption of Ashland multifamily-
zoned lands by single-family residential development. This recommendation was derived in
response to the trend that much of Ashland's R-2 and R-3 zones have been developed as
single family for-purchase housing, and very few apartments have been developed in recent
years. The Strategy aimed primarily to address the consumption of raw land by for-purchase
housing development (townhomes), however the conversion of rental housing to these types of
ownership housing is as detrimental to the City's maintenance of an adequate supply of rental
housing.
Strateav 38. Recommendation:
Restrict further development of single-family housing in multi-family zones by prohibiting it in one
or more multi-family districts or allowing it only as a conditional use subject to clear conditions
and criteria.
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CITY OF
ASHLAND
Housing Needs Analysis
The Housing Needs Analysis adopted by the City Council in May 2002 substantiates that
Ashland needs more multi-family rental housing to meet the projected and current need.
Specifically referencing building permit data from 1998-2001 the 2002 Housing Needs Analysis
found that only 9% of Ashland's new construction was of the multi-family development type.
Ashland is falling short of providing the housing types identified in the 1998 housing needs
analysis. The number of single-family permits issued between 1998 and 2001 exceeded identified need
by about 25%, while the number of multiple family units has fallen short of the 30% need by over 20%. No
government-assisted housing was built during this period. In summary, the City has fallen short of
meeting needs identified for multi-family and government assisted housing types.
The Housing Needs Analysis also indicates that Ashland's availability of multi-family units is
adversely affected through the development of owner-occupied units on the R-2 and R-3 Zones.
A recommendation of the Housing Needs Analysis was to "consider restricting uses in certain
zones to apartments. The building permit data suggest that a lot of the high-density housing has
been single-family attached types that are owner-occupied units."
The Housing Needs Analysis provides a delineation of what housing types are financially
obtainable by income level (table 3-9 below). In 2001 the table demonstrated that 25% of
Ashland's population could only afford apartments and could not own housing, an additional
45% could purchase or rent single-family attached or small lot single family housing.
Table 3-9. Financially attainable housing in Ashland, 2001
Market Segment
by Income Income range
High (120% or $48,480 or more
more of MFI)
Upper Middle (80%- $32,320 to $48,480
120% of MFI)
Financially Attainable Products
Number of Percent of
Households Households Owner-occupied
2,482 29% All housing types;
higher prices
2,503 29% Manufactured/Single-
family on small lots
Renter-occupied
All housing types;
higher prices
.
New Housing
Single-family attached; Used Housing
detached;
manufactured on lots;
Lower Middle (50%- $20,200 to $32,320
80% of MFI)
1,479
17% Manufactured on lots; Apartments;
single-family attached; manufactured in parks;
duplexes duplexes
Low (30%-50% or $12,120-$20,200
less of MFI)
1,161
13% None
Low cost apartments;
manufactured in parks;
duplexes; government
assisted housing
Very Low (Less Less than $12,120
than 30% of MFI)
1,020
12% None
Apartments;
government assisted
housing
Source: ECONorthwest
At the time of this studies data collection (2001) the median value of a home in Ashland was
$277,742. In 2006 that cost has increased by 78% to $494,000. It is obvious from this
increase that a considerable number of residents that may have been in a position in 2001 to
purchase single-family attached, manufactured housing or small lot units, are no longer able to
enter the present ownership market. This shift further substantiates the need to preserve
existing rentals and work to increase multi-family development in the future. As ownership
becomes less obtainable for a greater percentage of the population, the demand on available
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rental units will increase. Table 4-3 below shows projects of needed housing types based on
housing need and showed that 35% of all units anticipated over the planning period (2001-2020)
should be multi-family residential.
Table 4-3. Proposed modification to housing need by type, 2001-2020
Housing Unit Type
Allocation of
housing
need
Multi-family residential (MFR)
Multi-family residential detached: (MFR-D)
Manufactured housing units: (MH)
Manufactured housing units in Parks: (MHP)
Mixed Use, commercial with residential unit(s): (MU)
Single-family residential Detached: (SFR)
Single-family residential Attached: (SFR-A)
Government assisted housing: (GA)
Total
30.0%
4.0%
1.0%
2.5%
2.0%
45.0%
12.5%
3.0%
100.0%
Needed DU
based on
1998
allocation,
2001-2020
416
55
14
35
28
624
173
42
1.387
Proposed
modification
of housing
need
35.0%
5.0%
1.0%
2.5%
2.0%
37.0%
7.5%
10.0%
100.0%
Needed DU
based on
modified
allocation,
2001-2020
485
69
14
35
28
513
104
139
1.387
Source: Ashland Housing Needs Analysis, 1998; proposed modifications by ECONorthwest
Since 2001 there has been only a net increase of 16 multi-family residential units when
considering that 39 pre-existing apartments were converted to condominiums in that period. As
we have now past 1/5 of the planning period (2001-2020) the City should have added 97 units
of multifamily housing to our inventory to meet the projected need. The conversion of existing
apartments into condominiums further erodes the City's stock of existing multi-family rental
housing and as such increases the need for new multifamily units to compensate for this loss.
New multifamily housing construction remains at less than 10% of all new units developed, and
thus we are further from meeting the 35% annual allocation of need identified in the Housing
Needs Analysis.
Statewide land Use Goals - Goal 10 Housing
Goal 10 (ORS 197.295 to 197.314, ORS 197.475 to 197.490 and OAR 600.008).
Statewide planning Goal 10 requires cities to adopt policies that encourage housing at price
ranges commensurate with incomes.
Goal 10 defines needed housing types as "housing types determined to meet the need shown
for housing within an urban growth boundary."
The City has an obligation under the Goal 10 to plan for housing units in adequate numbers to
be available to a range of incomes at price and rent ranges commensurate with the financial
capabilities of the residents within the jurisdiction. While Ashland may continue to achieve a
high percentage of the planned densities within our multi-family zones, the high cost of new
condominiums and newly converted condominiums or townhomes will not be affordable to the
segment of our population earning incomes at or below median income. Such households are
typically in the market for rental housing.
Condominiums-conversions do provide an ownership opportunity that is at the low end of
Ashland's Housing ownership market, however the market price of such converted units is
beyond the means of most rental households. Preservation of rental housing stock, or the
creation of designated affordable housing stock, will allow the City to address its obligation to
provide housing types that address the need at "particular price ranges and rent levels".
Brief Summary of new Building Code and Tenants Rights Ordinance Provisions:
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CITY OF
ASHLAND
· Establish a requirement that an inspection of the premises be done by the Ashland
Building Department with a report being generated that sites violations of the building
code. The developer must correct such violations prior to sale of the unit, and provide
the buyer with a copy of the report. This provision is applicable to market rate and
affordable for-purchase units. (see separate Council Communication regarding
amendments to section15.04 of the building code).
o The current Land Use code does not provide for a trigger for building inspections, nor
does it provide for a means of informing purchasers of violations and corrections that
were completed prior to their purchase. There is an existing section in the Ashland
Municipal Buildings and Construction code (15.04.115) that states "Structures being
converted from multifamily rental units to condominiums shall conform to State Code
Standards in effect at the time of conversion, and a building permit shall be obtained for
such conversion. (Ord 2035 S6, 1797). The proposed additions aim to establish a
require an inspection, report, and disclosure of findings and corrections to the purchaser
of a converted unit. Further the amended language identifies that a fee schedule shall be
established for such reviews by the building department.
· The ordinance adding a new chapter 10.115 to the Ashland Municipal Code establishes
that tenants displaced by conversion are afforded certain rights most notably notice and
sufficient time to relocate, and or relocation costs to assist in covering the costs
associated with securing replacement housing. Additionally the Tenant Rights
Resolution, as proposed, aims to provide tenants with reasonable protections against
increasing rents or disturbance during their remaining period of occupancy. A separate
Council Communication addressing the specifics of this ordinance is provided.
Recommendations:
The Housing Commission voted to recommend the City Council approve the originally proposed
modifications to the Condominium Conversion Ordinance and establish the Tenant Rights
through an associated resolution.
The Planning Commission voted to recommend the City Council approve the originally
proposed modifications to the Condominium Conversion Ordinance and establish the Tenant
Rights through the associated resolution.
However, the version of the ordinance currently being presented to Council has not been
reviewed at a prior public hearing. Although the content of the ordinance amendments are in
large part similar to those versions reviewed by the Housing Commission and Planning
Commissions, notable changes have been incorporated following review by legal council.
Specifically, the inclusion of Negotiated Development Agreements in a new permitted use
category, transferable density bonus allocations in excess of 25%, and relief from non-
conformities through Negotiated Development Agreements were additions subsequent to the
prior reviews. On April 10th the Planning Commission was updated regarding these changes,
and they voiced their concern that these provisions have not been reviewed by the Commission
and as such as an advisory commission they would like the ability to fully examine any changes
if the land use ordinance that were not previously presented to them.
There was general agreement that the tenant rights ordinance and building code ordinance
amendments were in substantial conformance with what they had previously reviewed.
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Planning believes there are opportunities to address issues of readability through revision as
well as with direction from Council address some of the process and land use implications in a
revised land use ordinance.
Council Options:
The ordinance amendments presented before Council for consideration have been
noticed in accordance with Measure 56 to ensure potentially impacted property owners
are aware of proposed changes to the land use code. Impacted parties have been
informed that they will have an opportunity to address the proposed ordinance at a
public hearing. In the event the Council postpones review or adoption of the proposed
ordinances it is imperative that the rescheduled hearing date be explicitly stated in order
to preserve the Measure 56 notice.
Following a public hearing and deliberation on the proposed land use ordinance change
the City Council has a number of options:
· Move to accept the Tenant Rights Ordinance as presented or amended by
Council and proceed with first reading by title.
· Move to accept the Building Code Ordinance amendments as presented or
amended by Council and proceed with first reading by title only.
· Move to accept the land use ordinance as presented or as amended by Council
and proceed with first reading by title only.
· Direct staff to schedule a review of the proposed ordinance before the Planning
Commission to address provisions that have changed from their original review
and recommendation including the application procedures, the inclusion of
Negotiated Development Agreements, transferable density bonus allocations in
excess of 25%, and relief from non-conformities.
o Should the Council direct staff to proceed with this option it should be stated that the
hearing shall be rescheduled to be before the City Council on July 1 ih, 2007.
· Direct staff to modify the proposed land use ordinance to remain consistent with
the draft originally presented and recommended for approval by the Housing
Commission and Planning Commission, and to bring this revision back to the City
Council for review.
o Should the Council direct staff to proceed with this option it should be noted to the
hearing shall be rescheduled to be before the City Council on May 15th, 2007
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CITY OF
ASHLAND
Attachments:
. Ordinance No.
Amending the Land Use Ordinances Concerning Conversion of existing
multi-family rental units into for-purchase housing (Chapters 18.24.020,
18.24.030, 18.28.020 and 18.28.030) of the Ashland Land Use Ordinance
. Process flowchart (p3 20) ~
. Applicable Oregon Revised Statutes (P"~ 2/ - 2.3 ) -
. Table showing 2007 Fair Market Rents as defined by HUD L P<') 24 )
· Table showing 2007 Area Median Income including 60% and 80%AMI (p() 2f) ')
. Resolution 2006-13 (SDC Deferral Program) (f") 2<::: .- :3(' ')
. Staff Report dated October 10, 2006 (I"') 3i -4C)
· Planning Commission Study Session July 25,2006 (fb> '~I-44 ')
. 10/24/2006 - Planning Commission Public Hearing minutes Cpc') <:lee,"" '-17")
· 10/10/2006 - Plan~ing Com"!is~ion Pu~lic He~ring '!1inutes (~:) L;~ - ~(c~))
. 8/21/2006 - Housmg Commission public heanng mmutes C \) ".'3. "
. 7/25/2006 - Planning Commission Study Session minutes l f") [.;.;7 - ~'1 )
· 7/20/2006 - Ad-Hoc Committee meeting - and Planning Commissions minutes ( fS bO)
· 6/27/2006 - Joint Housing and Planning Commission Study Session minutes (l~ 0/ ')
(f'j'-' 1(1 lei)
Letters Attached:
. Don Skillman Letter dated July 28, 2006 (f''') &, l)
. Melanie Midland Letter dated April 11 , 2007li'~) (,"~ )
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
LAND USE ORDINANCE CONCERNING CONVERSION OF EXISTING
RENTALS INTO FOR-PURCHASE HOUSING IN MULTI-FAMILY ZONING
DISTRICTS TO PROVIDE ADDITIONAL INCENTIVES, CONTRACTUAL
COMMITMENT, DENSITY BONUS AND OTHER VOLUNTARY MECHANISMS
TO INCREASE AFFORDABLE FOR-PURCHASE HOUSING STOCKS AND
AFFORDABLE RENTAL UNITS IN MULTI-FAMILY ZONING DISTRICTS.
Annotated to show deletions and additions to the code sections being modified.
Deletions are . and additions are in bold.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly
or impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers home rule constitutional provisions reserved to
Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters, Local
1660, Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975; and
WHEREAS, ORS 91.225(3), expressly authorizes the City to enter into
contractual commitments with property owners for the express purpose of
providing reduced rents for low income tenants in exchange for certain benefits
applied to the property, including but not limited to density bonuses; and
WHEREAS, ORS 197.309(2) expressly permits local governments to create
affordable housing opportunities for low and moderate income citizens through
the creation of regulations providing incentives, contractual commitments, density
bonuses or other voluntary regulations; and
WHEREAS, Chapter 18 of the City of Ashland Municipal Code currently provides
for a density bonus mechanism, among other incentives implemented by
Resolution (e.g. SDC deferral) to create incentives for affordable housing
creation, including in the conversion of multi-family residenti~1 units to
condominiums, such measures being first established in 1991; and
WHEREAS, the City Council of the City of Ashland has determined that in order
to protect and benefit the health, safety and welfare of existing and future
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 1 of 10 ( ()
residents of the City, it is necessary to codify existing incentives and mechanisms
and provide for additional incentives and mechanisms to increase opportunities
for affordable housing and affordable rental units in the City of Ashland.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 18.24.020. of the Ashland Municipal Code is amended to
add the following new paragraph 18.24.020. K and L, as follows:
K. Conversion of existing multi-family dwelling rental units into
for-purchase housing, including the demolition and
redevelopment of existing multi-family dwelling rental units,
where up to 50% of the existing rental units are converted to
for-purchase housing is permitted by right for a subject
property, provided there is demonstrated compliance with all
General Regulations set forth in Section 18.24.040 (l)
L. Conversion of existing multi-family dwelling rental units into
for-purchase housing including the demolition and
redevelopment of existing multi-family dwelling rental units
where greater than 50% of the existing rental units are
converted to for-purchase housing is permitted for a subject
property subject to voluntary submission to a negotiated
Development Agreement pursuant to ORS Chapter 94 and
local implementing ordinance, if any. Negotiated
Development Agreements may offer incentives, on-site and
off-site density bonuses, and grant relief from specified code
provisions, as set forth in Section 18.24.040 (M) in exchange
for commitments to affordable for-purchase housing and
affordable rental rates or other considerations.
SECTION 2. Section 18.24.030.J. of the Ashland Municipal Code is amended to
read as follows:
J. Condominium conversion of existing rental units subject to
voluntary submission to the conditional use standards through a
Type I procedure and voluntary commitment to domonstration that at
least 25% of the residential units are affordable for moderate income
persons in accord with the applicable affordable housing minimum
standards established in 18.24.040.M, including Appendix A
(Resolution 2006-13). SDC deferral is available for new units or
increased charges in accordance with Resolution 2006-13.
Notwithstanding anything in the conditional use standards to the
contrary, legal nonconformities for setbacks are excused for
purposes of conversions, however, strict compliance is required for
the following standards: number of bike and automobile parking
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 2 of lOll
spaces, landscaping, street trees, trash and recycling enclosures
and adequate public facilities and public safety, including but not
limited to water, sewer, electric, fire protection, police protection,
storm drainage and traffic are not subject to modification. by
resolution of the Ashland City Council through procedures contained in
said resolution. Current residents of rental units proposed for conversion
to condominiums shall have first right of refusal to purchase the unit.
SECTION 3 Section 18.24.040.A. of the Ashland Municipal Code is amended to
add the following exception under paragraph A.2
h) Conversions of existing multi-family rental units to for-
purchase housing provided the structures are not enlarged or
demolished.
SECTION 4. Section 18.24.040.B.(3)(d) of the Ashland Municipal Code is
amended as follows:
d. Affordable Housing and Rentals- for permitted use and
conditional use development, for every percent of units that
are affordable, an equivalent percentage of density bonus
shall be allowed. Maximum bonus of 25%. When authorized in
a negotiated Development Agreement, for every percent of
units that are committed as affordable, an equivalent
percentage of density bonus shall be allowed with a maximum
bonus of 35%. In Development Agreements, said bonuses
may be utilized onsite or used on another site in the same
ownership, subject to any terms and conditions of the
negotiated development agreement. Unless otherwise
specified in a local development agreement ordinance or other
code provision establishing receptor zones, said bonuses
shall not be considered transferable. Affordable housing
means at least 25% of the total number of units shall be
affordable for purchase by households earning 80% of the area
median income, or affordable for rent by households earning
at or below 60% of the area median income in accordance with
the standards established by resolution of the Ashland City
Council (2006-13) for a period of not less than 30 years.
Resolution 2006-13 is specifically incorporated herein by this
reference and attached hereto as Appendix A.
d. Affordable Housing for every percent of units that are
affordable, ~:m equiv31ent percent3ge of density bonus sh311 be
allowed. M3ximum bonus of 25%. Affordable housing bonus shall
bo for residential units that are affordable for moderate income
persons in accord with the standards established by resolution of
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 3 of 10 \ 2-
the City Council ~nd gu~r~nteed ~fford~ble through procedures
cont~ined in s~id resolution (Ord. 2630 SI, 1001)
SECTION 5. Section 18.24.040. of the Ashland Municipal Code is amended to
add the following new paragraphs 18.24.040. Land M, as follows:
L. Permitted Use Conversion of existing multi-family dwelling rental
units into for-purchase housing including the demolition and
redevelopment of existing multi-family dwelling rental units, is subject
to the following:
1) Conversions of existing rental units into for-purchase housing
shall be approved only when the existing multiple-family
dwelling is in compliance with density requirements of
18.24.040 A or 18.24.040 B.
2) Conversions of existing rental units into for-purchase housing
shall strictly comply with all current standards of the zoning
district, without relief for nonconformities, as well as the
following site review standards outlined in 18.72: number of
bike and automobile parking spaces, landscaping, street trees,
trash and recycling enclosures, adequate public facilities, and
adequate public utilities, including water, sewer, and electric.
3) In conversions of 50%, or fewer, of the existing rental units
into for purchase housing, all common areas may be
converted and the remaining percentage of the total units shall
retained as one rental unit condominium tract in single
ownership and shall not be separated into individual units of
ownership. Future conversion of the tract to for-purchase
housing is permitted only through a negotiated development
agreement in compliance with standards for those approvals.
Owner of the rental tract may also negotiate a development
agreement with the City for the rental tract to make available
reduced rents for low income tenants in exchange for certain
benefits applied to the property, including but not limited to
on-site and off-site density bonuses.
M. Minimum Development Agreement requirements and
authorized incentives and relief for conversion on of existing multi-
family dwelling rental units into for-purchase housing including the
demolition and redevelopment of existing multi-family dwelling rental
units, is as follows:
1) Development Agreements shall comply with ORS Chapter 94
requirements and any requirements of local implementing
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 4 of 10 13
development agreement ordinance. The City may negotiate
for certain commitments to provide specified levels of
affordable housing and affordable rentals in consideration of
incentives and relief authorized herein. At a minimum, when
for purchase units are proposed, and except as provided in
paragraph 2 below, at least 25% of the total number of units
shall be affordable for purchase by households earning 80% of
the area median income, or affordable for rent by households
earning at or below 60% of the area median income in
accordance with the standards established by resolution of
the Ashland City Council (2006-13) for a period of not less than
30 years. All incentives in the incorporated resolution may be
incorporated into a negotiated development agreement.
Resolution 2006-13 is specifically incorporated herein by this
reference and attached hereto as Appendix A.
2) Development Agreements may authorize the Owner to make a
monetary affordable housing contribution to the City of
Ashland in lieu of providing affordable units on site. The
amount of the fee shall be negotiated as part of a development
agreement but in all cases shall comply with the minimum, in
lieu, fee established by Resolution of the Council. .
3) Density bonuses in accordance with18.24.040.B.(3)(d) are
expressly permitted.
4) Relief from density requirements of 18.24.040 A or 18.24.040 B
is expressly authorized only in approved development
agreements.
5) Relief from all nonconformities, such as building setbacks,
height, separation between buildings, and lot coverage is
expressly authorized in development agreements. In a
negotiated development agreement, site review standards for
number of bike and automobile parking spaces, landscaping,
street trees, trash and recycling enclosures are subject to
modification. Adequate public facilities and public safety,
including but not limited to water, sewer, electric, fire
protection, police protection, storm drainage and traffic are
not subject to modification.
SECTION 6 Section 18.28.020. of the Ashland Municipal Code is amended to
add the following new paragraph 18.28.020. K and L, as follows:
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 5 of 10 14-
K. Conversion of existing multi-family dwelling rental units into
for-purchase housing, including the demolition and
redevelopment of existing multi-family dwelling rental units,
where up to 50% of the existing rental units are converted to
for-purchase housing is permitted by right for a subject
property, provided there is demonstrated compliance with all
General Regulations set forth in Section 18.28.040 (l)
L. Conversion of existing multi-family dwelling rental units into
for-purchase housing including the demolition and
redevelopment of existing multi-family dwelling rental units
where greater than 50% of the existing rental units are
converted to for- purchase housing is permitted for a subject
property subject to voluntary submission to a negotiated
Development Agreement pursuant to ORS Chapter 94 and
local implementing ordinance, if any. Negotiated
Development Agreements may offer incentives, on-site and
off-site density bonuses, and grant relief from specified code
provisions, as set forth in Section 18.28.040 (M) in exchange
for commitments to affordable for-purchase housing and
affordable rental rates or other considerations.
SECTION 7. Section 18.28.030.1. of the Ashland Municipal Code is amended to
read as follows:
I. Condominium conversion of existing rental units subject to voluntary
submission to the conditional use standards through a Type I
procedure and voluntary commitment to demonstr3tion th3t at least
25% of the residential units are affordable for moderate income persons in
accord with the applicable affordable housing minimum standards
established in 18.28.040.M, including Appendix A (Resolution 2006-
13). SDC deferral is available for new units or increased charges in
accordance with Resolution 2006-13. Notwithstanding anything in
the conditional use standards to the contrary, legal nonconformities
for setbacks are excused for purposes of conversions, however,
strict compliance is required for the following standards: number of
bike and automobile parking spaces, landscaping, street trees, trash
and recycling enclosures and adequate public facilities and public
safety, including but not limited to water, sewer, electric, fire
protection, police protection, storm drainage and traffic are not
subject to modification. by resolution of the I\shl3nd City Council
through procedures cont3ined in s3id resolution. Current residents of
rent31 units proposed for conversion to condominiums sholl hove first right
of refus31 to purch3se the unit.
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 6 of 10 \ 5
SECTION 8 Section 18.28.040.A of the Ashland Municipal Code is amended to
add the following exception under paragraph A.2
h) Conversions of existing multi-family rental units to for-purchase
housing provided the structures are not enlarged or demolished.
SECTION 9. Section 18.28.040.8.(3)(d) of the Ashland Municipal Code is
amended as follows:
d. Affordable Housing and Rentals- for permitted use and
conditional use development, for every percent of units that
are affordable, an equivalent percentage of density bonus
shall be allowed. Maximum bonus of 25%. When authorized in
a negotiated Development Agreement, for every percent of
units that are committed as affordable, an equivalent
per~e of density bonus shall be allowed wi~h a maximum
3S(oDOilus or'5(tO/o. In Development Agreements, said bonuses
may be utilized onsite or used on another site in the same
ownership, subject to any terms and conditions of the
negotiated development agreement. Unless otherwise
specified in a local development agreement ordinance or other
code provision establishing receptor zones, said bonuses
shall not be considered transferable. Affordable housing
means at least 25% of the total number of units shall be
affordable for purchase by households earning 80% of the area
median income, or affordable for rent by households earning
at or below 60% of the area median income in accordance with
the standards established by resolution of the Ashland City
Council (2006-13) for a period of not less than 30 years.
Resolution 2006-13 is specifically incorporated herein by this
reference and attached hereto as Appendix A.
d. Affordable Housing f{)r every porcent of units that are
affordable, an equivalent percentage of density bonus shall be
allo'Ned. Maximum bonus of 25%. Affordable housing bonus shall
be for residential units that are affordable for moderato income
persons in accord '.vith the standards established by resolution of
the City Council and guaranteed affordable through procedures
contained in said resolution (Ord. 2630 81,1991)
SECTION 10. Section 18.28.040. of the Ashland Municipal Code is amended to
add the following new paragraph 18.28.040. Land M, as follows:
L. Permitted Use Conversion of existing multi-family dwelling rental
units into for-purchase housing including the demolition and
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 7 of 10
I~
redevelopment of existing multi-family dwelling rental units, is subject
to the following:
1) Conversions of existing rental units into for-purchase housing
shall be approved only when the existing multiple-family
dwelling is in compliance with density requirements of
18.28.040 A or 18.28.040 B.
2) Conversions of existing rental units into for-purchase housing
shall strictly comply with all current standards of the zoning
district, without relief for nonconformities, as well as the
following site review standards outlined in 18.72: number of
bike and automobile parking spaces, landscaping, street trees,
trash and recycling enclosures, adequate public facilities, and
adequate public utilities, including water, sewer, and electric.
3) In conversions of 50%, or fewer, of the existing rental units
into for purchase housing, all common areas may be
converted and the remaining percentage of the total units shall
retained as one rental unit condominium tract in single
ownership and shall not be separated into individual units of
ownership. Future conversion of the tract to for-purchase
housing is permitted only through a negotiated development
agreement in compliance with standards for those approvals.
Owner of the rental tract may also negotiate a development
agreement with the City for the rental tract to make available
reduced rents for low income tenants in exchange for certain
benefits applied to the property, including but not limited to
on-site and off-site density bonuses.
M. Minimum Development Agreement requirements and
authorized incentives and relief for conversion on of existing multi-
family dwelling rental units into for-purchase housing including the
demolition and redevelopment of existing multi-family dwelling rental
units, is as follows:
1) Development Agreements shall comply with ORS Chapter 94
requirements and any requirements of local implementing
development agreement ordinance. The City may negotiate
for certain commitments to provide specified levels of
affordable housing and affordable rentals in consideration of
incentives and relief authorized herein. At a minimum, when
for purchase units are proposed, and except as provided in
paragraph 2 below, at least 25% of the total number of units
shall be affordable for purchase by households earning 80% of
the area median income, or affordable for rent by households
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 8 of 10 17
earning at or below 60% of the area median income in
accordance with the standards established by resolution of .
the Ashland City Council (2006-13) for a period of not less than
30 years. All incentives in the incorporated resolution may be
incorporated into a negotiated development agreement.
Resolution 2006-13 is specifically incorporated herein by this
reference and attached hereto as Appendix A.
2) Development Agreements may authorize the Owner to make a
monetary affordable housing contribution to the City of
Ashland in lieu of providing affordable units on site. The
amount of the fee shall be negotiated as part of a development
agreement but in all cases shall comply with the minimum, in
lieu, fee established by Resolution of the Council.
3) Density bonuses in accordance with18.28.040.B.(3)(d) are
expressly permitted.
4) Relief from density requirements of 18.28.040 A or 18.28.040 B
is expressly authorized only in approved development
agreements.
5) Relief from all nonconformities, such as building setbacks,
height, separation between buildings, and lot coverage is
expressly authorized in development agreements. In a
negotiated development agreement, site review standards for
number of bike and automobile parking spaces, landscaping,
street trees, trash and recycling enclosures are subject to
modification. Adequate public facilities and public safety,
including but not limited to water, sewer, electric, fire
protection, police protection, storm drainage and traffic are
not subject to modification.
SECTION 11. Section 18.108.030 A., of the Ashland Municipal Code, paragraph
8 is hereby amended and a new paragraph 9 is added to reflect a new Staff
decision:
8. Conversion of existing rental units into for-purchase housing
(18.24.020,18.28.020) Othor planning actions not othorvJiso listod or
dosignated as a Typo I, II or III procodure.
9. Other planning actions not otherwise listed or designated as a
Type I, II or III procedure.
SECTION 12 Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 9 of 10 /6
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses, or paragraphs of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 13 Savings Clause. Notwithstanding this amendment/repeal, the
City ordinances in existence at the time any land use action was commenced,
shall remain valid and in full force and effect for purposes of all cases and actions
filed or commenced during the times said ordinance(s) or portions thereof were
operative.
SECTION 14. Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (Le. Sections 12-13) need not be codified.
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 , 2007,
and duly PASSED and ADOPTED this day of ,2007.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Mike W. Franell, City Attorney
Ordinance Amendment Concerning Conversion Of Existing Multi-Family Rental Units Into For-Purchase
Housing 10 of 10 lL;
Conversion of Multi-familv rentals into for-purchase Housina
Process charts for Proposed Ordinance
Permitted Use (18.24.020 K) Staff Approval
50% for-purchase / 50% market rentals ..
(not subject to appeal)
No non-conformities
Onsite density bonus allocation allowed
Conditional Use Permit
Process
(18.24.030 J)
Strict compliance with specific
site review criteria (other than
legal non-conformities such as
setbacks)
Onsite density bonus
allocation allowed
25% affordability provided per
18.24.040M
Conditional
Use Permit
Hearings
boa rd
review
Planning
Commission
Hearing on
CUP
Council
Review
of CUP
on
appeal
Staff
Preliminary
Decision
Request
for
Hearing
Permitted Use with
Negotiated
Development Agreement
(18.24.020 L)
Requesting Relief from non conformities or
density bonus allocation
25% affordability provided per 18.24.040M
35% density bonus possible onsite or
transferable per 18.24.040B(3)(d)
Council
Review of
Negotiated
Development
Agreement
Current Conditional Use Permit Process for Condo-conversions
Current
Conditional Use
Permit Process
Conditional
Use Permit
Hearings
board
review
Planning
Commission
Hearing on
CUP
Council
Review of CUP
on appeal
25% Affordability
Requirement
Staff
Preliminary
Decision
Request
for
Hearing
20
Ore20n Revised Statutes
91.225 Local rent control prohibited; exclusions; exceptions. (1) The Legislative
Assembly finds that there is a social and economic need to insure an adequate supply of
affordable housing for Oregonians. The Legislative Assembly also finds that the
imposition of general restrictions on housing rents will disrupt an orderly housing market,
increase deferred maintenance of existing housing stock, lead to abandonment of existing
rental units and create a property tax shift from rental-owned to owner-occupied housing.
Therefore, the Legislative Assembly declares that the imposition of rent control on
housing in the State of Oregon is a matter of statewide concern.
(2) Except as provided in subsections (3) to (5) of this section, a city or county shall
not enact any ordinance or resolution which controls the rent that may be charged for the
rental of any dwelling unit.
(3) This section does not impair the right of any state agency, city, county or urban
renewal agency as defined by ORS 457.035 to reserve to itself the right to approve rent
increases, establish base rents or establish limitations on rents on any residential property
for which it has entered into a contract under which certain benefits are applied to the
property for the expressed purpose of providing reduced rents for low income tenants.
Such benefits include, but are not limited to, property tax exemptions, long-term
financing, rent subsidies, code enforcement procedures and zoning density bonuses.
(4) Cities and counties are not prohibited from including in condominium
conversion ordinances a requirement that, during the notification period specified
in ORS 100.305, the owner or developer may not raise the rents of any affected
tenant except in a proportional amount equal to the percentage increase in the All
Items Portland Consumer Price Index since the date of the last rent increase for the
dwelling unit then occupied by the affected tenant.
(5) Cities, counties and state agencies may impose temporary rent controls when a
natural or man-made disaster that materially eliminates a significant portion of the rental
housing supply occurs, but must remove the controls when the rental housing supply is
restored to substantially normal levels.
(6) As used in this section, "dwelling unit" and "rent" have the meaning given those
terms in ORS 90.100.
(7) This section is applicable throughout this state and in all cities and counties
therein. The electors or the governing body of a city or county shall not enact, and the
governing body shall not enforce, any ordinance, resolution or other regulation that is
inconsistent with this section. [1985 c.335 92]
21
100.305 Conversion condominium; notice to tenants. (1) A declarant of a conversion
condominium shall give each of the existing tenants of any building which the declarant
intends to submit to the provisions of this chapter notice of the conversion at least 120
days before the conversion condominium is submitted to the provisions of this chapter.
Thereafter, until the property is submitted to the provisions of this chapter, the declarant
shall provide a copy of such notice to any new tenant before the commencement of the
tenancy. The notice of conversion shall:
(a) State that the declarant intends to create a conversion condominium and include
general information relating to the nature of condominium ownership;
(b) State that the notice does not constitute a notice to terminate the tenancy;
(c) State whether there will be a substantial alteration ofthe physical layout of the
unit;
(d) State whether the declarant intends to offer the unit for sale and, if so:
(A) Set forth the rights of the tenant under ORS 100.310 (1) to (3);
(B) Set forth a good faith estimate of the approximate price range for which the unit
will be offered for sale to the tenant under ORS 100.310 (1) and (2); and
(C) Set forth a good faith estimate of the monthly operational, maintenance and any
other common expenses or assessments appertaining to the unit; and
(e) Be hand delivered to the dwelling unit of the tenant or sent to the tenant at the
address of the dwelling unit by certified mail, return receipt requested.
(2) A notice of conversion given under subsection (1) of this section shall:
(a) Be for the sole purpose of providing the tenant with general information regarding
the anticipated cost of acquisition of the unit and estimated monthly expenses.
(b) Not obligate the declarant to submit the property to the provisions of this chapter.
(c) Not constitute an offer to sell the unit to the tenant or an offer to sell at a particular
pnce.
(d) Not be a limitation on monthly common expenses or assessments.
(3) The notice of conversion given under subsection (1) ofthis section must be
delivered to the tenant at least 30 days prior to the presentation of an offer to sell under
ORS 100.310 (1) and (2).
(4) The declaration may be recorded prior to the end of the 120-day period required
under subsection (1) of this section with the written consent of all tenants who received
the notice of conversion less than 120 days before the date of such consent.
(5) The requirement under subsection (1) of this section to provide a copy of the
notice of conversion to new tenants shall not extend the 120-day period nor shall such
tenant's consent be required to record the declaration prior to the end of the 120-day
period as provided for under subsection (4) of this section.
(6) A notice of conversion shall not constitute a notice to terminate the tenancy.
[Formerly 94.116]
22
100.310 Rights of tenants in conversion. (1) Prior to the sale of any dwelling unit which
is to be retained as a unit in the conversion condominium without substantial alteration in
its physical layout, the declarant shall first offer to sell the respective unit to the tenant
who occupies the unit. The offer shall:
(a) Terminate 60 days after its receipt or upon written rejection of the offer by the
tenant, whichever occurs earlier.
(b) Be accompanied by a copy of all applicable disclosure statements issued by the
Real Estate Commissioner pursuant to ORS 100.700.
(c) Not constitute a notice to terminate the tenancy.
(2) The tenant's dwelling unit may not be shown to any prospective purchasers of a
conversion condominium unit without the tenant's permission before the termination of
the tenancy.
(3) The declarant shall not sell the unit to a person other than the tenant during the 60
days following the termination of an offer to the tenant under subsections (1) and (2) of
this section at a price or on terms more favorable to the purchaser than the price or terms
offered to the tenant.
(4) After the property has been submitted to the provisions of the Oregon
Condominium Act, the declarant, until a unit is offered for sale in accordance with
subsections (1) and (2) of this section, shall notify in writing any prospective tenant, prior
to the commencement of the tenancy, that the property has been submitted to the
provisions of the Oregon Condominium Act and the rights of a tenant under subsections
(1) to (3) of this section. [Formerly 94.122; 1997 c.816 ~8]
23
CITY OF
ASHLAND
The Final FY 2007 Fair Market Rents (FMRs) for
Unit sizes based on number of Bedrooms
Medford-Ashland MSA
The following table shows the Final FY 2007 FMRs by unit bedrooms as adopted
by the Department of Housing and Urban Development (HUD).
Final FY 2007 FMRs By Unit Bedrooms
Studio
One-
Bedroom
Two-
Bedroom
Three-
Bedroom
Four-
Bedroom
Final FY 2007
FMR
$471
$560
$703
$1,023
$1,053
Released March 19, 2007
The Final FY 2007 2-Bedroom FMR is simply the product of the 2000 Census
Base Rent, the 2000-to-2005 Update Factor and the 2005-to-2007 Update Factor
for Medford, OR MSA as determined above:
Medford, OR MSA Final FY 2007 FMR
2000 Census Base Rent = $583
= $583 x 1.1269 x 1.0332 x 1.0349 = $657 x 1.0332 x 1.0349 = $679 x 1.0349 = $703
24
C I T Y OF
ASHLAND
FY 2007 Income
Limits Summary
MEDFORD-ASHLAND MSA
FY 2007 Median FY 2007 Income 1 2 3 4 5 6 7
Income 8 Person
Limit Area Income Limit Category Person Person Person Person Person Person Person
Extremely Low
(30%) Income $11.100 $12.700 $14.250 $15.850 $17.100 $18,400 $19.650 $20.900
Limits
Very Low (50%) $18.500 $21 .150 $23.800 $26,450 $28.550 $30.700 $32.800 $34.900
Income Limits
Very Low (60%) $22200 $25390 $28540 $31620 $34280 $36790 $39340 $41890
Income Limits
Medford- Low (80%)
Ashland, $52,700 $29.600 $33.850 $38.050 $42,300 $45.700 $49.050 $52,450 $55.850
OR MSA Income Limits
100% Income $37000 $42310 $47560 $52,700 $57130 $61310 $65560 $69810
Limits
120% Income $44400 $50775 $57075 $63,240 $68550 $73575 $78675 $83775
Limits
This table indicates the 80% Area Median Income Level based on household
size.
Income Limit areas are based on FY 2007 Fair Market Rent (FMR) areas. For a
detailed account of how this area is derived please see our associated FY 2007
Fair Market Rent documentation systefI1.
Data file last updated Mon., Mar 19,2007.
The FY2007 national median family income estimate is 1 percent lower than the FY2006
estimate. Note that Income Limits have been frozen at the FY2006 level in those cases
where the Income Limit would otherwise be lower.
'7 co"
L-J
RESOLUTION NO. 2006- \~
A RESOLUTION AMENDING AND RESOLUTION 2005-46
RECITALS:
A. WHEREAS. in 1993. the City of Ashland passed Resolution no. 1993-39 which
established affordable housing income levels and rental and purchased cost levels.
B. WHEREAS, in 2005. the City of Ashland passed Resolution 2005-46 which
required provisions for homeowner and maintenance fees to be included in the
affordability calculations for its affordable housing program.
C. WHEREAS. neither resolution contained provisions establishing rent levels or
purchase price levels for households earning 60%, 80% 100% or 120% of the area
median income (AMI).
D. WHEREAS. neither resolution required Principal, Interest, Taxes and Insurance
(PITI) to be included in the maximum housing costs of eligible households in the
affordability calculations for the purchasing part of its affordable housing program.
E. WHEREAS both resolutions used "not-to-exceed purchase price" as a qualifying
criterion for purchasing housing units. which criterion requires annual revision, and the
current resolution seeks to replace the "not-to-exceed purchase price" with a "percent of
household income" criterion which does not require annual revision.
F. WHEREAS, the City considers that a range of qualifying incomes maximizes the
potential for success of its affordable housing program.
G. WHEREAS, the City desires that PITI be included in the affordability calculations
for the various income levels of qualified households and that the "percent of household
income" criterion be used in place of the "not-to-exceed purchase price" criterion.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Resolutions 1993-39 and 2005-46 are hereby amended in their entirety as follows:
SECTION 1. GENERAL ELIGIBILITY - RENTAL AND PURCHASED HOUSING
1.1 All qualifying ownership or rental units required to be affordable through
density bonuses, annexation, zone change. condominium conversion. or other land use
approval under the Ashland Land Use Ordinance (ALUO) shall not be eligible to receive
a waiver of the Community Development and Engineering Services fees associated with
the development of said affordable units unless a waiver is approved by the Ashland
City Council.
'--
2.-C
1.2 All qualifying ownership or rental units required to be affordable through
density bonuses, annexation, zone change, condominium conversion, or other land use
approval under the ALUO shall be eligible to receive a deferral of the System
Development Charges associated with the development of said affordable units.
1.3 All qualifying ownership or rental units voluntarily provided as affordable to
low income households, consistent with section 1.1 and 1.2, above, shall be eligible for
a System Development Charge, Engineering Service, and Community Development
Fee deferral or waiver without obtaining approval from the Ashland City Council.
1.4 Affordable Housing Units covered under this Resolution can only be sold
or rented to occupant households from the same income category as the original
purchasers or renters for a period of not less than 30 years, or as required through the
condition of approval for a unit required to be affordable through a land use approval.
1.5 System Development Charges, Engineering Services, and Community
Development Fees may be deferred or waived when units are sold or rented to low-
income persons. For purposes of this subsection, "low-income persons" means:
a. With regard to rental housing, persons with an income at or below
60 percent of the area median income as determined by the State
Housing Council based on information from the United States Department
of Housing and Urban Development; and
b. With regard to home ownership housing and lease to purchase
home ownership housing, persons with an income at or below 80 percent
of the area median income as determined by the State Housing Council
based on information from the United States Department of Housing and
Urban Development.
2. RENTAL HOUSING -. Units designated for affordable rental housing in
developments which have qualified for density bonuses, annexation, zone change,
condominium conversion, or other land use approval under the ALUO shall be rented to
individuals or households-whose annual income is consistent with the target income
identified in the planning approval. Incomes shall be qualified at the 60% or 80%
median income levels for households in the Medford-Ashland Metropolitan Statistical
Area (MSA). This figure shall be known as the "qualifying household income" and shall
be determined by the City's Department of Community Development in May of each
year from the annual family incomes published by the U.S. Department of Housing and
Urban Development (HUD) for the Medford-Ashland Metropolitan Service Area (MSA).
2.1 Area Median Income - 80%. The rent charged for such affordable rental
housing benefiting households earning 80% Area Median Income or greater, including
any home-owners association or maintenance fees, 'shall not exceed 23% of the
qualifying monthly income (qualifying family income divided by twelve) as provided in
the following formulas:
27
Studio Apartment 23% of the average of 1 & 2 person qualifying monthly
incomes
1 Bedroom 23% of the average of 2 & 3 person qualifying monthly
incomes
2 Bedroom 23% of the average of 3, 4, & 5 person qualifying monthly
incomes
3 Bedroom 23% of the average of 4, 5, 6, & 7 person qualifying monthly
incomes
4 Bedroom 23% of the average of 5, 6, 7, & 8 person qualifying monthly
incomes
The City's Department of Community Development shall maintain a table of
maximum rent levels permitted under these formulas and shall annually update the
table in May of each year.
2.2 Area Median Income - 60% or lower. The rent charged for such
affordable rental housing benefiting households earning 60% Area Median Income or
less, including any home-owners association or maintenance fees, shall comply with the
maximum rents established by the State of Oregon HOME Program based on the target
income qualification as adjusted annually by the Department of Housing and Urban
Development for the Medford-Ashland Metropolitan Service Area. The HOME program
indexed allowable rents are adjusted annually by the State of Oregon Housing and
Community Services Department (OHCS).
2.3. Owner's Obligation. The owner of the affordable rental housing shall
sign a 30-year agreement, or longer depending on the period of affordability established
through the ALUO, with the City of Ashland that guarantees these rent levels will not be
exceeded and that the owner will rent only to households meeting the income limits.
The agreement shall bind subsequent owners who purchase the rental housing during
the established period of affordability. The agreement shall also require the owner to
allow the unit to be rented to HUD Section 8 qualified applicants and agree to accept
rent vouchers for all of the affordable units when applicable. The City shall file the
agreement for recordation in the County Clerk deed records, Jackson County, Oregon.
2.3.1. Certification of qualifying occupants. The owner of record, or
the designated agent of the record, owner, shall annually file with the City of
Ashland a signed certificate stating the occupants of the record owner's rental
housing units continue to be qualified households, or are a household that
qualified at its initial occupancy, within the meaning of this Resolution, and any
amendment made to it. The City of Ashland shall provide the record owner or
the record owner's agent with access to a form to complete and sign to comply
with this provision.
3. PURCHASED HOUSES. QUALIFYING. Units designated for affordable
housing available for purchase in developments which have qualified for density
2c.
bonuses annexation, zone change, condominium conversion, or other land use
approval under the ALUO must satisfy two criteria.
1. They shall only be sold to occupant households whose:
a. Annual income is consistent with the target income identified in the
planning approval for the development. Incomes shall be qualified
at the applicable 60%,80%,100% or 120% median income levels
for households based on number of people per household as
adjusted annually by the Department of Housing and Urban
Development for the Medford-Ashland Metropolitan Service Area.
L The maximum monthly payment for a covered unit shall be
established to not exceed the affordability limits, established
above, indicated in following table:
Studio = 1 person household income for the designated income level
1 Bedroom = 2 person household income for the designated income level
2 Bedroom = 4 person household income for the designated income level
3 Bedroom = 6 person household income for the designated income level
4 Bedroom = 7 person household income for the designated income level
Households with a greater or lesser number of occupants shall remain
eligible for covered units but the sale price shall not be adjusted due to
household size above the limits established above.
b. Net assets, excluding pension plans and IRA's and excluding the
down payment and closing costs, do not exceed $20,000 for a household
or $130,000 if one household member is 65 years or older.
c. Mortgage payment does not exceed more than 30% of the monthly
income for the target income level indicated in 3.1 (a)(i) on total housing
costs which includes PITI and any homeowners or regular maintenance
fees.
d. The maximum monthly payment for a covered unit shall be
calculated by utilizing the interest rate for the Oregon Bond Loan
RateAdvantage as updated by the State of Oregon Housing and
Community Services Department.
2. They shall remain affordable as follows:
a. The purchasers of the affordable housing units shall agree to the
City of Ashland Affordable Housing Resale Restriction Agreement
establishing a period of affordability of not less than 30 years. In no event
will a purchaser be required to sell the unit subject to the aforementioned
21
Agreement for less than his or her original purchase price, plus any
applicable closing costs and realtor fees.
b. For housing financed by Farmer's Home Administration (FmHA),
the affordability shall be assured by the FmHA's recapture provisions
FmHA which require sellers to repay FmHA for all the subsidies accrued
during the period the sellers resided in the housing unit.
SECTION 2. EFFECTIVE DATE. This Resolution takes effect upon signing by the
Mayor.
This r solution was read by title only in accordance with AShlan=,iPal Code
~2. .090 duly PASSED and ADOPTED this eP/ day of , , 2006.
SIGNED and APPROVED this LI day of June, 2006.
~~CO~dlCMi'
Review as to form:
30
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
October 10, 2006
PLANNING ACTION: 2006-01696
APPLICANT: City of Ashland
ORDINANCE REFERENCE: R-2 and R-3 zones (18.24.020, 18.24.030, 18.28.020 and
18.28.030)
REQUEST: Adoption of amended provisions within the R-2 and R-3 multifamily zones
(Chapters 18.24.020, 18.24.030, 18.28.020 and 18.28.030) of the Ashland Land Use
Ordinance relating to the Conditional Use Permit issuance for Conversion of existing
rental units into for-purchase housing.
I. Backaround -History of Application
The City of Ashland Housing Commission Land Use Subcommittee began a
review of the Conditional Use Permit process for conversion of existing
apartments into condominiums in examining broader land use regulations relating
to affordable housing. The issue was more formally discussed by the Housing
Commission Land Use subcommittee in April of 2006 in relation to a tenant
displacement issue brought before the commission due to a recent condominium
conversion. In May of 2006 the formation of an ad-hoc committee with
membership between the Planning Commission and the Housing Commission
was initiated in an effort to begin drafting language to address impacts related to
such conversions.
On June 27 2006 the Housing Commission and Planning Commission held a joint
study session to share information regarding the housing market, the impacts of
condominium conversions, and at this time directed the formation of the ad-hoc
Condominium Conversion Committee to further research the issue and bring
recommendations back to the full commissions. The ad-hoc committee members
present met on July 20th, 2006 and discussed draft language presented by staff
that addressed both the criteria for conditional use approval for a conversion, as
well as language regarding tenant rights, which has been forwarded as a
separate resolution. The Planning Commission received the draft language and
ad-hoc committee comments on July 25th, 2006, at a regular study session. The
Housing Commission Land Use subcommittee met on August 17, 2006 to further
discuss draft language for inclusion in an Ordinance addressing the conversion of
rental units into for purchase housing. The attached Draft ordinance and Tenants
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10,2006
Page 1
.,
~i
Rights Resolutions were presented to the Ashland Housing Commission at their
regular meeting on August 21, 2006. Upon review of the ordinance amendments
relating to condominium conversions and the accompanying Tenant's Rights
Resolution, and hearing public testimony, the Housing Commission voted to
support the draft ordinance and Tenant Rights Resolution with the understanding
that further review by the Legal Department was still pending.
II. Purpose of Ordinance Changes
The purpose of the proposed sections of the R-2 and R-3 zoning ordinance
pertaining the Conditional Use Permit for the conversion of existing rental units is
to ensure an adequate supply of rental units remains within Ashland and to
protect tenants by referencing a separate resolution to protect tenant rights. The
provisions aim to insure a reasonable balance of availability of rental and
ownership housing in the City and to maintain opportunities for individual choice
in the tenure, type, cost, and location of housing. Further language is provided to
address the potential that a unit in disrepair could be sold without being improved
to standards outlined in the building code for existing buildings. For the purposes
of fire, life, and safety the developer would be required to complete needed
repairs prior to the sale of a converted unit thereby ensuring the purchaser
receives a unit in compliance with the building codes for existing buildings.
Under the proposed ordinance, conversion of existing rental units into for-
purchase housing would be allowable as a Permitted Use when 50% of the total
units are retained as market rate rentals. and not condominiumized into individual
units of ownership. Should the applicant voluntarily exercise the option to convert
all units to for-purchase condominiums the action shall be considered a
Conditional Use and be considered a Type II planning action requiring a public
hearing. In the event an apartment complex is to be converted entirely into
condominium units, the proposed ordinance establishes a means by which a
minimum of 25% of the units will be retained as affordable to the income range
typically occupying rental housing. If the resulting affordable units are to be sold
to qualifying households, the household income could not exceed 80% of the
Area Median Income (AMI). In the event the unit is to be an affordable rental after
conversion than the occupant household income could not exceed 60%AMI.
Although the proposed ordinance does not prohibit the construction of new
condominiums, which is currently a permitted use in the R2 and R3 zones, the
proposed ordinance does address the preservation of existing rental units while
affording the opportunity to allow the condominium conversion process to provide
a means of rehabilitating older housing stock. Such deed restricted affordable
units would assist the City in meeting its affordable housing goals.
A summary of the ordinance changes is provided in section V at the end of this
report.
III. Detailed Description of the Proposed Ordinance Changes:
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10, 2006
Page 2
"J ')
,') "'-
The ordinance amendments to both the R-2, Low Density Multifamily Residential
District, and R-3 High Density Multifamily Residential Districts are included in their
entirety within this section. The proposed changes to the permitted and
conditional use sections of each ofthese zoning designations.
Permitted Uses (18.24.020 and 18.28.020)
[Adds item 'K' in both sections]
K. Conversion of existing rental units into for-purchase housing including the
demolition and redevelopment of existing rental units, is subject to the following:
1) Conversions existing rental units into for-purchase housing shall be in accord
with all density and site review requirements of this code
2) In conversions of four or more rental units into for purchase housing, at least
50% of the total units be shall retained as rental units and shall not be separated
into individual units of ownership. Rental units shall be deed restricted through a
Resale Restriction Covenant to ensure that any future conversion to for-purchase
housing of these units shall be subject to the requirements of 18. 24. 030(J).
(3) That prior to offering any units for sale the developer must have the entire
premises subject to conversion inspected by a City of Ashland building codes
inspector. The inspection will cover major systems and components of the
building, including structural, mechanical, electrical systems and fire safety. A
report of items to be brought into compliance, if any, will be provided to the
developer. Exemptions allowable under the current building code for pre-existing
buildings shall be noted in the report. All violations revealed by the inspection
must be corrected, and the developer shall furnish a copy of the inspection report
to the buyer, at least 10 days prior to the closing of sale of a unit.
(4) That the current residents of rental units to be converted into for purchase
housing are provided with the rights established by resolution of the Ashland City
Council (2006- separate resolution to be forwarded independent of land use
ordmance change~
Conditional Uses (18.24.030 and 18.28.030)
[Amends item J in both sections]
J) Conversions existing rental units into for-purchase housing not meeting the
requirements of 18.24.020(K)(2) shall be a Type /I procedure and subject to the
following:
(1) That the development shall be in accord with all density and site review
requirements of this code
(2) In conversions of four or +Refe rental units at least 25% of the total number of
units shall be affordable for purchase by households earning 80% of the area
median income, or affordable for rent by households earning at or below 60% of
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10,2006
Page 3
,.,...,
.."'I..?
the area median income in accordance with the standards established by
resolution of the Ashland City Council (2006-13) for a period of not less than 30
years.
(3) That prior to offering any units for sale the developer must have the entire
premises subject to conversion inspected by a City of Ashland building codes
inspector. The inspection will cover major systems and components of the
building, including structural, mechanical, electrical systems and fire safety. A
report of items to be brought into compliance, if any, will be provided to the
developer. Exemptions allowable under the current building code for pre-existing
buildings shall be noted in the report. All violations revealed by the inspection
must be corrected, and the developer shall furnish a copy of the inspection report
to the buyer, at least 10 days prior to the closing of sale of a unit.
(4) That the current residents of rental units to be converted into for purchase
housing are provided with the rights established by resolution of the Ashland City
Council (2006- separate resolution to be forwarded independent of land use
ordmance changes)
IV. Procedural - Reauired Burden of Proof
The criteria for a legislative amendment to the land use ordinance are as follows:
18.108.170.A. It may be necessary from time to time to amend the text of the
Land Use Ordinance or make other legislative amendments in order to conform
with the comprehensive plan or to meet other changes in circumstances and
conditions. A legislative amendment is a legislative act solely within the authority
of the Council.
The establishment of criteria of approval establishing a requirement to retain
rental units, or to provide a percentage as affordable housing, for the conversion
of existing apartments into for-purchase housing is supported by both local
Council Goals, elements within Ashland's Comprehensive Plan, the Ashland
Housing Needs Analysis(2001) and Affordable Housing Action Plan, and the
Oregon's Statewide Planning Goals and Guidelines
Council Goals
The City Council, as part of their annual goal setting process, adopted the
following goal for the 2004-2005 year:
Derive a specific list of action items from the Housing Action Plan and
Needs Analysis with reasonable, measurable marks of progress.
· Consider the land use changes listed in the Housing Action Plan
· Adopt strategies to limit allowing single-family residential development in
multi-family residential zoning districts.
· Provide in-kind support to ACL T to further affordable housing for Ashland.
The proposed changes to the R-2 and R-3 zones addressing the conversion of
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10. 2006
Page 4
., -1
,..?"t
rental units into for-purchase is one Land Use strategy intended to assist in
limiting owner occupied housing types within Ashland's Multi-family residential
zones.
Ashland's Housing Element of the Comprehensive Plan
The Ashland Comprehensive Plan's Housing Element's single goal (6.10) is to
"Ensure a variety of dwelling types and provide housing opportunities for
the total cross-section of Ashland's population, consistent with preserving
the character and appearance of the city.
Ashland's Housing Element of the Comprehensive Plan states that multi-unit
apartments are successful at between 15-20 units per acre and further that
"Ashland will use the R-2 or multi-family residential, zone to meet the housing
needs for this type of housing" (ch. 6.05(A)). Further the estimate of land need
for multifamily residential (MFR- High Density R-2 and R-3 zoning) table (6.06 VI-
2) clearly establishes that the MFR lands were anticipated to accommodate the
subsidized and rental housing markets, and the moderate cost and high cost
housing types were not expected to be accommodated on these lands. The
relevance here is that to comply with a provision of Statewide Planning Goal 10
an incorporated City must inventory its buildable lands to delineate where needed
housing can be accommodated in the City's Urban Growth Boundary. Ashland
has determined in our Comprehensive Plan that Multifamily Lands constitute 40%
of the supply of land for all rental units in the City (others being provided in single
family homes, mixed use developments, or townhomes). Most notably the MFR
lands were not considered as supply for moderate and high cost ownership
housing. To maintain an adequate supply of rental units, it is incumbent upon
the City to enact land use ordinances that allow Multi-family zoned lands to be
utilized to meet the rental housing need.
Affordable Housing Action Plan
The City Council adopted an Affordable Housing Action Plan in 2002 that outlines
a number of strategies to address Ashland's need for affordable housing. One
such strategy was to implement Land Use regulations to limit or preclude the
consumption of Ashland multifamily-zoned lands by single-family residential
development. This recommendation was derived in response to the trend that
much of Ashland's R-2 and R-3 zones have been developed as single family for-
purchase housing, and very few apartments have been developed in recent
years. The Strategy aimed primarily to address the consumption of raw land by
for-purchase housing development (townhomes), however the conversion of
rental housing to these types of ownership housing is as detrimental to the City's
maintenance of an adequate supply of rental housing.
Strateav 38. Recommendation:
Restrict further development of single-family housing in multi-family zones by
prohibiting it in one or more multi-family districts or allowing it only as a
conditional use subject to clear conditions and criteria.
Housing Needs Analysis
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10. 2006
Page 5
35
The Housing Needs Analysis adopted by the City Council in May 2002
substantiates that Ashland needs more multi-family rental housing to meet the
projected and current need. Specifically referencing building permit data from
1998-2001 the 2002 Housing Needs Analysis found that only 9% of Ashland's
new construction was of the multi-family development type.
Ashland is falling short of providing the housing types identified in the 1998
housing needs analysis. The number of single-family permits issued between
1998 and 2001 exceeded identified need by about 25%, while the number of
multiple family units has fallen short of the 30% need by over 20%. No
government-assisted housing was built during this period. In summary, the City
has fallen short of meeting needs identified for multi-family and government
assisted housing types.
The Housing Needs Analysis also indicates that Ashland's availability of multi-
family units is adversely affected through the development of owner-occupied
units on the R-2 and R-3 Zones. A recommendation of the Housing Needs
Analysis was to "consider restricting uses in certain zones to apartments. The
building permit data suggest that a lot of the high-density housing has been
single-family attached types that are owner-occupied units."
The Housing Needs Analysis provides a delineation of what housing types are
financially obtainable by income level (table 3-9 below). In 2001 the table
demonstrated that 25% of Ashland's population could only afford apartments and
could not own housing, an additional 45% could purchase or rent single-family
attached or small lot single family housing.
Table 3-9. Financially attainable housing in Ashland, 2001
Financially Attainable Products
Market Segment
by Income Income range
High (120% or $48,480 or more
more of MFI)
Upper Middle (80%- $32,320 to $48,480
120% of MFI)
Number of Percent of
Households Households Owner-occupied
2,482 29% All housing types;
higher prices
2,503 29% Manufactured/Single-
family on small lots
Renter-occupied
All housi ng types;
higher prices
..
New Housing
Single-family attached; Used Housing
detached;
manufactured on lots;
Lower Middle (50%- $20,200 to $32,320
80% of MFI)
1,479
17% Manufactured on lots; Apartments;
single-family attached; manufactured in parks;
duplexes duplexes
Low (30%-50% or $12,120-$20,200
less of MFI)
1,161
13% None
Low cost apartments;
manufactured in parks;
duplexes; government
assisted housing
Very Low (Less Less than $12,120
than 30% of MFI)
1,020
12% None
Apartments;
government assisted
housing
Source; ECONorthwest
At the time of this studies data collection (2001) the median value of a home in
Ashland was $277,742. In 2006 that cost has increased by 78% to $494,000. It
is obvious from this increase that a considerable number of residents that may
have been in a position in 2001 to purchase single-family attached, manufactured
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10, 2006
Page 6
'" <"
.?b
housing or small lot units, are no longer able to enter the present ownership
market. This shift further substantiates the need to preserve existing rentals and
work to increase multi-family development in the future. As ownership becomes
less obtainable for a greater percentage of the population, the demand on
available rental units will increase. Table 4-3 below shows projects of needed
housing types based on housing need and showed that 35% of all units
anticipated over the planning period (2001-2020) should be multi-family
residential.
Table 4-3. Proposed modification to housing need by type, 2001-2020
Housing Unit Type
Allocation of
housing
need
Multi-family residential (MFR)
Multi-family residential detached: (MFR-D)
Manufactured housing units: (MH)
Manufactured housing units in Parks: (MHP)
Mixed Use, commercial with residential unit(s): (MU)
Single-family residential Detached: (SFR)
Single-family residential Attached: (SFR-A)
Government assisted housing: (GA)
Total
30.0%
4.0%
1.0%
2.5%
2.0%
45.0%
12.5%
3.0%
100.0%
Needed DU
based on
1998
allocation,
2001-2020
416
55
14
35
28
624
173
42
1.387
Proposed
modification
of housing
need
35.0%
5.0%
1.0%
2.5%
2.0%
37.0%
7.5%
10.0%
100.0%
Source: Ashland Housing Needs Analysis, 1998: proposed modifications by ECONorthwest
Needed DU
based on
modified
allocation,
2001-2020
485
69
14
35
28
513
104
139
1.387
Since 2001 there has been only a net increase of 16 multi-family residential units
when considering that 39 pre-existing apartments were converted to
condominiums in that period. As we have now past 1/5 of the planning period
(2001-2020) the City should have added 97 units of multifamily housing to our
inventory to meet the projected need. The conversion of existing apartments into
condominiums further erodes the City's stock of existing multi-family rental
housing and as such increases the need for new multifamily units to compensate
for this loss. New multifamily housing construction remains at less than 10% of
all new units developed, and thus we are further from meeting the 35% annual
allocation of need identified in the Housing Needs Analysis.
Statewide Land Use Goals - Goal 10 Housing
Goal 10 (ORS 197.295 to 197.314, ORS 197.475 to 197.490 and OAR 600.008).
Statewide planning Goal 10 requires cities to adopt policies that encourage
housing at price ranges commensurate with incomes.
Goal 10 defines needed housing types as "housing types determined to meet the
need shown for housing within an urban growth boundary."
The City has an obligation under the Goal 10 to plan for housing units in
adequate numbers to be available to a range of incomes at price and rent ranges
commensurate with the financial capabilities of the residents within the
jurisdiction. While Ashland may continue to achieve a high percentage of the
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10, 2006
Page 7
2,7
planned densities within our multi-family zones, the high cost of new
condominiums and newly converted condominiums or townhomes will not be
affordable to the segment of our population earning incomes at or below median
income. Such households are typically in the market for rental housing.
Condominiums-conversions do provide an ownership opportunity that is at the
low end of Ashland's Housing ownership market, however the market price of
such converted units is beyond the means of most rental households.
Preservation of rental housing stock, or the creation of designated affordable
housing stock, will allow the City to address its obligation to provide housing types
that address the need at "particular price ranges and rent levels".
v. Summary. Conclusions. and Recommendations
Summary of Ordinance Provisions:
· Require 50% of the existing apartments to be retained as market rate
rentals through condominium conversion process that is a permitted use.
o This is not an option under the current ordinance
· Establish that demolitions of existing apartments and their redevelopment
shall be held to the requirement to provide 50% of the replacement units
as rental units.
o The issue of redevelopment is not addressed under the current
ordinance
· Allow for a conversion of all units into for purchase units provided at least
25% of the units are designated as affordable for purchase to households
earning 80%AMI or less, or if they are to be retained as deed restricted
rentals the shall be to households at or below 60%AMI
o The current ordinance has the 25% affordability requirement but
does not distinguish between ownership or rental, and as such
units can be qualified as affordable and rented to households
earning BO%AMI. Therefore this change will target a lower income
level (and correspondingly require a lower rent level) for units to be
reserved as affordable rentals to meet the standard.
· Estab~ish a requirement that an inspection of the premises be done by the
Ashland Building Department with a report being generated that sites
violations of the building code. The developer must correct such
violations prior to sale of the unit, and provide the buyer with a copy of the
report. This provision is applicable to market rate and affordable for-
purchase units.
o The current Land Use code does not provide for a trigger for
building inspections, nor does it provide for a means of informing
purchasers of violations and corrections that were completed prior
to their purchase. There is an existing section in the Ashland
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10, 2006
Page 8
3R
Municipal Buildings and Construction code (15.04.115) that states
"Structures being converted from multifamily rental units to
condominiums shall conform to State Code Standards in effect at
the time of conversion, and a building permit shall be obtained for
such conversion. (Ord 2035 S6, 1797).
· Establish that tenants displaced by conversion are afforded certain rights
most notably notice and sufficient time to relocate, and or relocation costs
to assist in covering the costs associated with securing replacement
housing. Additionally the Tenant Rights Resolution, as proposed, aims to
provide tenants with reasonable protections against increasing rents or
disturbance during their remaining period of occupancy.
o The current ordinance provides for first right of refusal and there
are State noticing requirements that developers of condominium
conversion projects have to abide by.
Conclusions
The "condominium conversion ordinance" as proposed is not intended to be a
panacea that will resolve the disparity between rental housing need and rental
housing supply. These amendments are only one of many strategies to be
implemented to encourage the development and retention of multi-family housing.
The ordinance in combination with the proposed Tenants Rights Resolution
would provided protections for residents of existing apartments facing conversion
to for purchase housing. Further, by allowing the conversion of up to 50% of the
units within an existing apartment complex into for-purchase housing it will allow
owners a measure of flexibility to finance the ongoing maintenance of the
development.
The Housing Commission, Ad Hoc Committee, and Staff endeavored to find a
balance between the value of retention of rental housing, and the value of
converted condominiums to the purchase housing market and to the
maintenance of older housing stock. It is clear that such converted units do
provide ownership opportunities to households that are otherwise priced out of
the single family or townhome markets. Such households may not be able to
purchase newly constructed condominiums, whereas rehabilitated apartments
converted into condominiums provide that first time ownership opportunity for
households earning above median incomes. For this reason the ability to permit
some conversion to create ownership opportunities has merit. However as
preservation of existing rental stock is vital to meeting the current and projected
housing needs of households earning less than median income the provisions
within the proposed ordinance function to refine the ordinance to better target the
housing needs of our community.
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10, 2006
Page 9
,...,c
_"? I
Recommendations
The Housing Commission reviewed the proposed ordinance at their regular
meeting on August 21,2006. The Housing Commission voted 4-1 in support of
the proposed ordinances changes to the R-2 and R-3 zoning ordinances to
address the conversion of rental units into for-purchase housing to the Planning
Commission and City Council for consideration. Further the Housing Commission
vote included support for the establishment of Tenants Rights and recommends
approval of the proposed resolution.
Commissioner's noted that the purpose of the ordinance and tenant rights
resolution is to retain some rental units, to foster affordability and to give tenants'
rights.
Staff recommends approval of the proposed modifications to the R-2 and R-3
zoning ordinances to address the conversion of rental units into for-purchase
housing and the establishment of a Tenant Rights Resolution.
The Planning Commission is charged to provide recommendations on the
proposed modification to the Land Use Ordinance to the City Council. Although
the Tenants Rights Resolution is not an amendment to the Land Use Ordinance it
is provided as an attachment for your review. The Planning Commission can
forward items for consideration regarding the resolution to the City Council along
with the review of the ordinance changes pertaining to the conversion of multi-
family rental units into for-purchase housing. Specifically as the Land Use
ordinance changes reference the Tenant Rights Resolution it is imperative that
the Planning Commission consider its implications in evaluating the efficacy of
the proposed land use modifications.
Attachments:
A1-2: Proposed Tenants Rights Resolution
B-1: Housing Commission Memo dated August 21, 2006
B-2-6: Housing Commission Minutes dated August 21,2006
C1-4: Planning Commission Study Session Memo dated July 25,2006
C5-7: Planning Commission Study Session Minutes dated July 25,2006
C8: Joint Planning Commission and Housing Study Session dated June 27, 2006
D1-5: Power Point Presentation at joint study session June 27, 2006
E1-3: Ordinance 2624
F1-3: Select Oregon Revised Statutes (91.225, 100.305,100.310
G1: Skillman Letter
Planning Application 2006-01697
Applicant: City of Ashland
Ashland Planning Department - Staff Report
October 10, 2006
Page 10
40
Memo
CITY OF
ASHLAND
TO:
Title:
Date:
Submitted By:
Planning Commission
Condominium Conversion Ordinance Review
July 25, 2006
Brandon Goldman, Housing Program Specialist
The City of Ashland Housing Commission Land Use Subcommittee began a review of the Conditional Use Permit
process for conversion of existing apartments in examining broader land use regulations relating to affordable
housing. The issue was more formally discussed by the Housing Commission Land Use subcommittee in April of
2006 in relation to a tenant displacement issue brought before the commission due to a recent condominium
conversion. In May of 2006 the formation of an ad-hoc committee with membership between the Planning
Commission and the Housing Commission was initiated in an effort to begin drafting language to address impacts
related to such conversions.
On June 27 2006 the Housing Commission and Planning Commission held a joint study session to share
information regarding the housing market, the impacts of condominium conversions, and at this time directed the
formation of the ad-hoc Condominium Conversion Committee to further research the issue and bring
recommendations back to the full commissions.
The ad-hoc committee met on July 20th, 2006 and discussed draft language presented by staff that addressed both
the criteria for conditional use approval for a conversion, as well as language regarding tenant rights, which could
be forwarded as a separate resolution from the land use amendments proposed. The ad-hoc committee
recommendations are not as of yet incorporated into the draft language on the following pages but are provided
below for consideration.
AD Hoc Committee Review
The suggested modifications to the land use ordinance from the ad-hoc committee included:
. Making conversion of existing rental units into for-purchase housing be subject to a Type 1/ procedure.
· Elaborating that under the exception permitting required rental units to be condominiums that they shall be
affordable for purchase by households earning 80% AMI or affordable for rent by households earning 60%
AMI. This provision is intended to allow greater flexibility in how a unit's ownership is structured while
maintaining housing that is affordable to prospective households.
The suggested modifications to the Tenant Rights provisions from the ad-hoc committee included:
· Establishing that the right to continued occupancy be a maximum of one year, or the term of an existing
lease which ever is longer.
· The right to continued occupancy could be reduced to six months for low-income or handicapped
households, or three months for for other tenant households in the event the owner pays relocation benefits
equal to three months rent (using fair market rents) if they are low-income or handicapped, or equal to one
months rent otherwise.
· Therefore the minimum right of continued occupancy shall be six months or three months as described
above (with relocation benefits), however upon mutually agreeable terms the owner and tenant household
can jointly agree to eliminate this period.
~~,
41
· Expansion of the Right to purchase to allow the tenant first right to purchase the housing accommodation in
which the tenant resides or a comparable unit within the development.
· The rights to relocation benefits section would be modified to correspond to the right to continued
occupancy provisions noted above. Specifically in the event the condominium developer provides a full
year notice, no relocation benefits would be required. In the event a notice to vacate is less than twelve
months the tenants would be entitled to relocation benefits equal to three months rent (using fair market
rents) if the tenants are low-income or handicapped, or equal to one months rent otherwise. The non
adjusted dollar amounts ($2400, and $800) would be eliminated per the ad-hoc committee
recommendations.
Existing Ordinance
The following Language is contained with the R-2 and R-3 zoning ordinance to address conversion of existing
apartments into condominiums:
18.24. 03 OJ; 18.28.0301
Condominium conversion of existing rental units subject to a Type I procedure and demonstration that at
least 25% of the residential units are affordable for moderate income persons in accord to the standards
established by resolution of the Ashland City Council through procedures contained in said resolution.
Current residents of rental units proposed for conversion to condominiums shall have first right of refusal
to purchase the unit. (Ord. 2624 S3, 1991)
Proposed Repeal and Amendments to the ordinance sections above
1) Conversion of existing rental units into for-purchase housing be subject to a Type I procedure and,
2) In conversions of four or more rental units, at least 50% of the total units be shall retained as rental
units and shall not be separated into individual condominiums.
(a) That an exception to 18. 24.030J(2) shall be permitted allowing all units to be
condominiumized provided, that at least 25% of the total number of units be affordable for
purchase by households earning 80% of the area median income in accordance with the
standards established by resolution of the Ashland City Council (2006-13) for a period of not less
than 30 years.
3) That the current residents of rental units to be converted into for purchase housing are provided with
the rights established by resolution of the Ashland City Council (2006- separate resolution to be
forwarded independent of land use ordinance changes)
~~,
~2
A Resolution Establishing Tenant Rights
Addresses tenants facing displacement resulting in the conversion of existing rental units into an
alternative use.
1) Riaht to Notice: Each Tenant shall be entitled to Notice of the Landlord's Conversion
or intent to Convert. The Notice shall include a summary of the Tenant's rights set forth
below.
2) Riaht to Continued OccuDancv: A Tenant shall have the right to continued
occupancy of such Tenant's Housing Accommodation until the expiration of the Tenant's
Lease or Rental Agreement or one vear after receipt of Notice, whichever is longer;
provided however, that an Elderly, Handicapped, or Low/Moderate Income Tenant shall
have the right to continued occupancy until the expiration of the Tenant's Rental
Agreement or two (2) vears after receipt of Notice, whichever is longer. The notice must
provide certain information including the time period to vacate and a copy of the
condominium documents. During this period, the rent in anyone year may not be
increased by more than the Consumer Price Index or 10%, whichever is less.
3) Riaht to Extend Term of Rental Aareement or Lease. If the Notice period referred
to in 18.24.030J(4)(b) exceeds the term of the tenancy in the Rental Agreement or
Lease, the term of the tenancy shall be extended to coincide with the expiration of the
Notice period. There shall be no other change in the provisions of the Rental Agreement.
4) Riaht to Terminate: Followina receiDt of Notice. a Tenant shall have the right to
terminate any Lease or Rental Agreement, without penalty or other termination charge, if
such tenant notifies the applicant for conversion in writing thirty days in advance of such
termination.
5) Riaht to Purchase: The Tenant shall have the first right to purchase the Housing
Accommodation in which the Tenant resides on terms and conditions which are
substantially the same as, or more favorable than, those which the Landlord extends to
the public, provided the Tenant executes a mutually agreeable form of purchase and
sale agreement within ninety (90) days after the Tenant's receipt of such form of
agreement from the Landlord. Right to Purchase shall extend for a minimum of 90 days
following a notice of termination.
6) Method of Givina Notice: Notice given pursuant to this section shall be personally
given to Tenants by one of the following methods: in hand, in the presence of a witness;
by certified or registered mail, first class, postage prepaid; by service by a constable; or
by FedEx or other recognized mail service with evidence of a signature indicating receipt
by tenants or mailed to tenants by certified mail.
The two items below are provided as additional options for consideration as rights
provided by other Cities in an effort to minimize the impacts of displacement and
conversion on tenants.
Tenant's Riaht to Nondisturbance/Landlord's Riaht of Access: For so long as the
Tenant has the right to occupy under 18.24.030J(4)(b) above, the Landlord shall not
undertake rehabilitation, repair, or improvement of the Housing Accommodation
occupied by the Tenant except for ordinary and necessary repairs, nor shall the Landlord
interfere with the Tenant's quiet use and enjoyment of common areas by creating
unreasonable noise or disruption of such areas. The Tenant shall not unreasonably
withhold consent to the Landlord or the Landlord's designees to enter the Tenant's unit
~~,
43
in order to inspect the premises or show the unit to prospective purchasers or their
contractors, provided the Landlord gives the Tenant at least two days' advance notice
and requests entry only at reasonable times.
Riaht to Relocation Benefits: Relocation benefits shall be paid to a Tenant who does
not purchase such Tenant's Housing Accommodation or another Housing
Accommodation in the same Condominium or Cooperative.
Relocation benefit for a an Elderly, Handicapped, or Low/Moderate Income Tenant shall
be equal to two thousand four hundred dollars ($2400), or three times the Fair Market
Rent (FMR) for a unit of an equal number of bedrooms as occupied by the tenant,
whichever is greater. Fair Market Rents are annually provided by HUD for the Medford-
Ashland Metropolitan Service Area. All other Tenants shall be entitled to a relocation
benefit of up to eiaht hundred dollars ($800.00) or one month's rent, whichever is
greater.
This payment shall be made as follows:
(a) The entire fee shall be paid to a tenant who is the only tenant in a rental unit;
(b) If a rental unit is occupied by two or more tenants then each tenant of the unit shall be
paid a pro-rata share of the relocation benefit;
(c) Landlord shall pay relocation benefits 30 days prior to the tenant's expiration of the
right of continued occupancy as described in the Right to Continued Occupancy
(d) If a tenant voluntarily exercises a Right to Termination of a Lease or Rental
Agreement they shall forfeit the Right to Relocation Benefit.
(e) Notwithstanding the foregoing, no Tenant shall be eligible for a relocation benefit
unless all rent due and payable under the Rental Agreement or extension of such Rental
Agreement, if any, has been paid by the Tenant prior to the date on which the Housing
Accommodation is vacated.
r~'
44
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 18.24.030J 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.
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 of loss 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.
~s
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 37 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. Dimitre/Marsh 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 2
STUDY SESSION
OCTOBER 24, 2006 .J ,
MINUTES "i"l-:o
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. We are 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 (EOA) 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 (EOA). 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. We are 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 of the 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
4'7
, (
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 10, 2006
CALL TO ORDER - Vice Chair Michael Dawkins caIled the meeting to order at 7:00 p.m.
Commissioners Present:
Michael I:>awkins
Olena Black
Tom Dimitre
John Stromberg
Pam Marsh
Melanie Mindlin
Mike Morris
Absent Members:
John Fields, Chair
Dave Dotterrer
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 P A2006-0 1294: There were no ex parte contacts declared. MarshlDimitre m/s to approve the
Findings for PA2006-0l294, 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 HoIley bring his remaining comments to the Study Session on October 24,2006.
ART BULLOCK, 791 Glendower, handed out "Ex Parte-Issues and Solutions, Part r dated October 10, 2006.
MOLNAR introduced the new Assistant City Attorney, Richard AppiceIlo.
TYPE" 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 smeIled the pungent, fruit-rotting odor coming from the
dumpster. She noted how much farther away from the street Buildings 1 and 2 look on the site map versus standing on
the site. Marsh and Stromberg had a site visit.
STAFF 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 especiaIly in the Detailed Site Review Standards. Staff feels it is important to balance a strong
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 10, 2006
4~
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 fayade 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.
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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 Staff rarely disagrees with the Historic
Commission, they do in this case. Looking at this property in the context of the whole neighborhood, Staff feels one of the
contributing elements is the establishment of a curb, planting strip, sidewalk, some sort of planting strip and then building
fa9ade 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 I 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 of the 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
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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 fayade. 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.
B/ack/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
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Tenant's rights would be enforced by the Planning Department. Goldman added that the City does not cunoently 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: 10 p.m.
Respectfully submitted by,
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
REGULAR MEETING
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CITY Of
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
AUGUST 21, 2006
CALL TO ORDER - Chair Faye Weisler 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
Faye Weisler, Chair Sunny Lindley, absent
Bill Street
Aaron Beniamin Council Liaison
Liz Peck Alice Hardesty substituting for Cate Hartzell
Don Mackin
Absent Members Staff Present
Jennifer Henderson Brandon Goldman, Housing Specialist
Carol Voisin Sue Yates, Executive Secretary
APPROVAL OF MINUTES
The Commissioners did not feel the July 31, 2006 minutes accurately reflected the discussion regarding the Ashland
Greenhouse subdivision pre-application review. The Commissioners decided they would write up draft changes to the minutes
to be presented at the September Housing Commission meeting. Benjamin noted a change he wished to make with regard to
the overall re-application review process. The minutes will be reviewed and approved at the September meeting.
PUBLIC FORUM - No one came forth to speak.
OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS
Peck and Mackin discussed at a Land Use Subcommittee the idea of sending a Housing Commission liaison to the Chamber of
Commerce Economic Development Committee. It seemed to Peck and Mackin that economic development could be the
missing link that goes along with affordable housing. It could be a way to educate and do outreach to the business community.
Goldman said he'd contact the Chamber to see if someone could attend their economic development meetings. Weisler said
she'd like to see if someone could be allowed to sit in on a few meetings to see ifit relates enough to the Housing Commission
to make it worthwhile for someone to continue attending.
PROJECT UPDATES
REGIONAL PROBLEM SOLVING PROJECT. KATE JACKSON said if the Commissioners are interested in more written
information concerning this subject, it can be found online in the Council packet from their August 15,2006 meeting. All the
information can be found on the Rogue Valley Council of Governments website at: www.rvcog.org.In 2000-2002 they had
the regional "Where do we want to grow?". During 2000-2005 they were going on a city-by-city basis creating maps of
proposed growth areas. ECONorthwest is currently working on a regional Housing Needs Analysis and a regional Economic
Opportunities Analysis. Ashland is in the enviable position of having a local Economic Opportunities Analysis done in the
near future by ECONorthwest and funded by a LCDC grant. Jackson further explained how these analyses are done.
The Regional Problem Solving Project is attempting to allow some shifting based on what different cities are seeing happen
and wanting in a map. In 2004 the Ashland City Council voted 4-2 not to add any growth areas. The Planning Commission
also voted not to have any more growth areas. She suggested this group look at some of the materials online and look at the
study then do the survey online or come to the open house that will be held on Thursday, September 7, 2006, 6:30 p.m. at the
Talent Middle School Library. The state wants the cities to look inside their boundaries to see what can be built upon.
Comments will be collated and lumped by topic areas. The Policy Committee plans to discuss the growth areas. This is just a
framework. The need for housing is tremendous and the ability of workers to remain here is a huge problem.
NEW BUSINESS
CONDOMINIUM CONVERSION ORDINANCE AMENDMENTS
Goldman said there is a copy of the draft language included in this month's packet. The ordinance process is outlined in his
memo to the Housing Commission of August 21,2006. The next steps are as follows: 1) The Housing Commission will
53
review the draft language and accept public testimony and make recommendations that would be forwarded to the Planning
Commission for consideration, 2) Draft language gets legal review, and 3) Planning Commission will hold a public hearing
(date not set).
Goldman discussed both the proposed changes to the ordinance and the draft resolution establishing tenants' rights as written in
this month's packet..
Weisler wondered if the committee discussed any other approaches used by other communities that might have been more
supportive of maintaining affordable housing. Hardesty said there were some communities that had more stringent tenants'
rights, however, the committee decided what they came up with was fine for their purposes.
Mackin has concerns about tenants afforded a one year lease if the landlord wants to do a conversion. There was definitely an
intent on the part of the ad hoc committee not to make the conversion easy. He believes the tenants' rights should be fair. Ifhe
was a landlord under the new ordinance, it would be beneficial for him to hike his rents and get as much revenue as he can
before he converts because he now has penalties to pay if he converts. Mackin said he was in the minority with the ad hoc
committee.
Hardesty said even though the tenants might be paying below market rate and have a nice relationship with the landlord, when
they move they may very well have to pay full market rate. The resolution would help to ease the pain a little.
DON RIST, 260 Joy Drive, Talent, OR, said he is a realtor in Ashland. He asked two attorneys to review the ordinance and
resolution. Both attorneys thought there was an opportunity for a Measure 37 claim for a landlord. Also, the 60 percent is
telling a landlord what they charge for rent. The attorneys did not even believe the relocation benefit was legal. It appears
some of this conflicts with land use law.
RICH ROHDE, 124 Otis Street, representing Oregon Action, thanked the Commission for including some tenants' rights. Oregon
Action strongly supports the draft ordinance. The closure of affordable rental units means a real loss of affordable housing in
the community. We have to look not only at what we are producing but what are we protecting in terms of affordable units.
This ordinance addresses the goals of preserving affordable housing as well as addressing fairly the balance between tenants
and landlords. He would recommend they get legal advice for strengthening the language. This also highlights the need for a
housing trust fund with a dedicated source of funding.
KATHIE KENNEDY, realtor, said no apartment buildings have been built in the last 13 years. The cost ofland is so high and the
rents are too low. Many owners augment rent or have a smaller return on the rents. She is not sure the Commission will get a
lot of affordable units by revising the ordinance. Owners would have to wonder if they would want to go through the daunting
task of converting. Even though the tenants' rights are very strong, they are pretty strident for landowners.
She would like to see the Commission solve the problem of building more apartments by using City owned land to develop
some affordable housing. Hardesty suggested Kennedy talk to the Parks Commission.
Hardesty noted that she is taking Cate Hartzell's place at this meeting, but not voting.
Mackin reiterated that he has a problem recommending an ordinance that has not been reviewed by the Legal Dept.
Goldman met with the Legal Dept. prior to writing the draft to see what areas could be looked at. The Legal Dept. has not
completed their review of all the issues but said that requiring a percentage of rental units is permitted under state law.
Goldman is not sure where this ordinance is on the Legal Dept.' s list of priorities.
Street asked if we are concerned with rental housing at market rate. Goldman said the Action Plan discusses not losing multi-
zoned property, but instead the development of condominiums as "for purchase" townhomes. The provision that 50 percent be
retained as rentals from existing housing stock is an off-set for the lack of multi-family housing stock. The condominium
conversion ordinance is not the end all; it is just one component.
Goldman said the ad hoc committee met once and was comprised of members of the Land Use Committee as well as Michael
Dawkins and Dave Dotterrer (Dotterrer was unable to attend) of the Planning Commission and Alice Hardesty, City Councilor.
Weisler/Peck m/s to support the draft ordinance with the understanding that it gets Legal review. The Housing Commission
expressed support for the condominium conversion ordinance and resolution supporting tenants' rights.
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Goldman said the intent of the ordinance is to allow an outright mechanism by which people can condominiumize their project,
provide some ownership opportunities and retain some rental stock without dictating a sales price.
Benjamin amended the motion to make sure included is the purpose of slowing down the conversion of affordable rental units
to market rate condos and in addition provide fair relocation benefits and protection of the rights of existing tenants
(introduction to the motion).
Hardesty said it is her feeling that the ordinance does what Benjamin stated but she believes the purpose is to retain some rental
units, to foster affordability and to give tenants' rights. Weisler would accept Hardesty's wording as a friendly amendment.
Voice Vote: Weisler, Peck, Street, Benjamin voted "yes" and Mackin voted "no."
ELECTION OF VICE CHAIR
Weisler/Benjamin m1s to nominate Street for Vice Chair. Voice Vote: Unanimous.
REAL EST ATE TRANSFER FEE - (Note of Explanation: This item refers to a Cit}' ballot measure that will be on the November
ballot. Approval would change how the City Charter now reads. A "yes" vote would not allow the City to impose a real
estate transferfee until it is referred to the voters for their approval or disapproval. It is not a votefor or against a real estate
transfer fee.}
DON RIST said if this is a good program the citizens will support it. He noted, however, that he has not seen a real estate
transfer tax he could support.
KATHIE KENNEDY also believes it is good this item is on the ballot and it gives the voters a chance to have a vote. She believes
one of the reasons the State of Oregon has always supported restricting a transfer tax is because in Oregon, the taxpayers
already carry the burden of paying property taxes.
RICH ROHDE, 124 Ohio Street, told the Housing Commissioners that their credibility on affordable housing is what is at stake
with this ballot measure. He told them not to lose their credibility by opposing the ballot measure.
Hardesty said Hartzell asked her to bring forth Hartzell's opinion. She would like the Housing Commission to vote against this
measure. She added that the Council voted for self-determination, not the Real Estate Transfer Fee. She remembers that the
Council supported the community to be able to do what the community wanted to do without the state telling them what to do.
Weisler asked if the Commissioners felt this measure would support the Housing Commission's mission to take a position one
way or the other. Peck does not believe it is supporting the Commission's mission if it's already on the ballot. Hardesty
agreed. Weisler is inclined not to take a position and yet use the opportunity for educating people about why the RETF is a
good idea. She believes it is important the Housing Commission takes a position reiterating their support for any reasonable
vehicle that could provide funding for affordable housing, but still stay out of the vote. Weisler asked for a show of hands all
those in favor of not taking a position on this, other than educational. All voting members present raised their hand.
REPORTS AND UPDATES
Subcommittee Liaison Updates
Land Use Subcommittee - Goldman said the RFP for a consultant to do a Rental Needs Analysis)s in final draft form. He said
the RFQ for the Revenue Analysis went back to the committee for review but should be issued soon. Weisler asked if the
Commission could review the final copy (bye-mail).
Peck said under "Deliverables" it says "Presentation of findings to the Ashland Housing Commission." She asked to add
"... and Planning Commission." Peck would like to see the Planning Commission included so they can be kept in the loop
concerning affordable housing issues. Goldman agreed to amend it.
Finance - Goldman said they'd met with ACCESS, RVCDC and Oregon Action that presented what they saw as the gaps
within funding sources by which the Housing Trust Fund, once instituted, should be able to fill those gaps.
Education - Goldman said they are working on a putting together a TV program (RVTV) to educate the public about affordable
housing. It should happen in October or November.
Liaison Reports - Who will take Hardesty's place as the liaison to the school board? This will be discussed at next month's
meeting.
ASHLAND HOUSING COMMMISSION
MINUTES
AUGUST 21, 2006
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STUDY SESSION DISCUSSION
Training for Pre-Applications
How Housing Commission positions on items are reflected in the minutes
The study session will be Tuesday, September 26,2006 from 4 to 7 pm.
NEXT MEETING AGENDA - September 18th
Homelessness ten year plan presentation
CDBG Consolidated Annual Performance Evaluation Report
ADJOURNMENT - The meeting was adjourned at 8:45 p.m.
Respectful~v submitted by,
Susan Yates, Executive Secretary
ASHLAND HOUSING COMMMISSION
MINUTES
AUGUST 21, 2006
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CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
JULY 25, 2006
CALL TO ORDER - Chair John Fields called the meeting to order at 7:00 p.m. at the Ashland Civic Center, 1175 E. Main Street.
Commissioners Present:
John Fields, Chair
Mike Morris
Olena Black
Tom Dimitre
John Stromberg
Pam Marsh
Dave Dotterrer
Mike Morris
Council Liaison:
Kate Jackson, present
Staff Present:
Bill Molnar, Interim Planning Director
Maria Harris, Senior Planner
Sue Yates, Executive Secretary
Absent Members: None
John Fields will take Dave Dotterrer's place at the August 8, 2006 Hearings Board.
I. HISTORIC RECONNAISSANCE SURVEY
Harris introduced Dale Shostrom, Historic Commission Chair and George Kramer, consultant hired to do the Historic
Reconnaissance Survey. The project was funded by a grant through the State Historic Preservation Office (SHPO) with a
Certified Local Communities Grant (CLG) in the amount of$15,000. The project is almost complete. It is the Historic
Commission's charge to inventory historic properties throughout the City.
Shostrom thought everyone would agree that the four existing historic districts add value to Ashland's and its character. We
can look at different ways of protecting the City's inventory by exploring further options.
Kramer said the four historic districts started out as local historic districts in the late 1970's and converted to National Register
Districts in the late 1990' s. At that time, when he examined the boundaries of each of the 1500 resources, it became obvious
that the boundaries had been fairly arbitrarily drawn. This is the culmination of continuing the process that was started in
Ashland in the 1970's by looking at everything else outside the historic districts.
Kramer said they chose the north quadrant (Helman area) with 900 lots. They came up with approximately 150 resources that
are 50 years old or older. He photographed the properties and the data was platted on a map. He made some preliminary
evaluations based on what the resource looked like and what historic information he had about whether or not they might
potentially be significant resources. The data will be transmitted to the City and Historic Commission by the end of this
month. The study goes to the State and they will also review it.
The vast majority of the resources in this district are built post 1956, post 1961. There are pockets of very dense development
prior to 1940 right up against the Skidmore Academy District. There are some phenomenal connections to Ashland's earliest
history in this district because it lined the creek.
It will be up to the Historic Commission to decide the next step. This was an informational process. After the public process,
the area could become a historic district or we could add onto an existing historic district.
Harris said there is value in having the information for people who want to know more about their property.
II. POWERS AND DUTIES OF THE PLANNING COMMISSION
Fields sees it as critical for the Planning Commission to know exactly what their role is and what the Council wants from them.
Volunteer commissions generate and contribute ideas, but oftentimes that work just stops or withers. Better communication is
needed between the commissions and Council.
Dotterrer recommended, based on the input at the retreat, revising and reviewing the roles and duties of the Planning
Commission. Councilor Jackson said the Council appointed a subcommittee (Hartzell, Chapman and Jackson) reviewing all
the commissions, comparing their duties to what they are doing and to what they'd like to do.
57
Dotterrer took the recommendations from the retreat and put together some roles and responsibilities. He chose not to include
the role of the Planning Commission and Citizen Involvement. Black will need to bring in the work she has been doing on
that. Dotterrer cautioned the Commission to look closely at all the wording, for example "direction" in 1. Is that the word that
is most appropriate?
The Commissioners reviewed Dotterrer's PLANNING COMMISSION ROLES AND RESPONSIBILITIES (Revised for the
July 25th Study Session Discussion)
Under the item, "Do We Drop'" is economic planning responsibilities because that is currently listed as one of the Planning
Commission's duties.
Dotterrer wondered if Staff could do more work on "urban renewal agency in lieu of."
Was anything missing from Dotterrer's list?
· Long-term strategic plan. If the Comprehensive Plan is being done correctly, is that long-term strategic planning?
· Coordinated planning with neighboring agencies. Regional planning - monitoring.
· The Big Look' that is, the statewide re-conceptualization of land use planning. Track or participate.
· The Commission wants to monitor, review, and coordinate the areas of mutual concern in Jackson County.
· The role of the Planning Commission concerning enforcement actions. Example: approval conditions on applications.
· The Planning Commission's ability to initiate planning actions.
· Language regarding CP AC (Citizens Planning Advisory Committee) envisions a pretty a close and structured relationship
between CP AC and the Planning Commission.
· All the duties should show up in one document.
· Adequate housing supply.
· If there are ten elements to the Comprehensive Plan, the Planning Commission's job is to maintain it, monitor it, oversee
periodic review and work packages. (Item 2. is a catch-all.)
Next Step - Dotterrer asked Dimitre to draft a statement regarding his issue (adequate housing). If others want to add
anything, send it to Dotterrer and he will add and contact the Legal Department.
If there is time, it could be on next month's agenda (August nnd).
III. CONDOMINIUM CONVERSION UPDATE
Fields introduced Alice Hardesty, past Housing Commissioner, and most recent appointee to the Council. Molnar and Brandon
Goldman, Housing Specialist, came up with some simple language based on input from Commissioners. Hardesty said they've
come up with a voluntary type situation with the idea of protecting the rental properties. By requiring that 50 percent of
converted condominiums remain rentals is doing that; however, we give the purchaser an option to make the whole thing
condominiums by imposing affordability restrictions. If an owner chooses to leave the condominiums as rentals, then they
should be affordable at the 60 percent AMI.
Lastly, there is a part of the ordinance identifying tenant's rights.
Dawkins said they were looking at creative ways to facilitate the protection of rentals and yet be able to give owners some way
out to do something else with the property, but making it tougher to convert. He suggested changing the planning process from
a Type I to a Type II because a Type II would allow more discussion to occur.
Molnar has a concern about requiring the conversion to be a Type II when they are trying to make this a fairly objective
ordinance.
Marsh said an objective ordinance could require an annual monitoring to see how it is working.
Dimitre believes this ordinance isn't really addressing the real problem. It seems like we are just going to keep losing ground
every year with affordable housing if this ordinance is passed.
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
JULY 25, 2006
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AARON BENJAMIN, Housing Commissioner, said the Housing Needs Assessment pointed out the need for 800 rental units for
the next ten years (that was five years ago). There is a real danger that units are being gobbled up. There is no clear picture of
what should be set aside for affordable. A rental needs analysis is what is needed as soon as possible.
Hardesty said this ordinance won't solve the problem by any means, but might slow things down a little. She mentioned the
resolution concerning tenant's rights that should also slow things down some.
Morris wondered if this ordinance would apply to anyone that owned their property before the ordinance went into effect under
Measure 37.
This ordinance is a good first step to test the waters.
LAND USE ORDINANCE REIVEW COMMITTEE - The next meeting is Wednesday, July 26,2006 at 3:30 p.m. in the Siskiyou
Room.
NEXT STUDY SESSION: August 22, 2006 - Kate Jackson will give a Regional Problem Solving presentation.
ADJOURNMENT - The meeting was adjourned at 9:15 p.m.
Respectfill~v submitted hy.
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
JULY 25, 2006
3
5'l
CITY OF
ASHLAND
Condo-Conversion Ad Hoc Committee
(Housing and Planning Commission)
MINUTES
Date:
Topic:
July 20,2006 Start Time: 12:00pm
Condominium Conversions and Tenant Riahts
Adjourned:
1:30
Attendees
Don Mackin
Alice Hardesty
Michael Dawkins
Aaron Benjamin
Staff Liaison: Brandon Goldman
Points of Interest Discussed
Condominium Conversions
Provisions for a draft ordinance were presented by Brandon Goldman including a listing of Tenant Rights that
could apply to individual households being displaced by Condominium Conversions.
AD Hoc Committee Review
Modifications to the existing land use ordinance were discussed including:
· Making conversion of existing rental units into for-purchase housing be subject to a Type Il procedure.
· Elaborating that under the exception permitting required rental units to be condominiums that they shall be
affordable for purchase by households earning 80% AMI or affordable for rent by households earning 60%
AMI. This provision is intended to allow greater flexibility in how a unit's ownership is structured while
maintaining housing that is affordable to prospective households.
The ad-hoc committee discussed the creation of a Tenant Rights Resolution and examined provisions from staff.
The Ad-Hoc Committee discussed:
· Establishing that the right to continued occupancy be a maximum of one year, or the term of an existing
lease which ever is longer.
· The right to continued occupancy could be reduced to six months for low-income or handicapped
households, or three months for other tenant households in the event the owner pays relocation benefits
equal to three months rent (using fair market rents) if they are low-income or handicapped, or equal to one
months rent otherwise.
· Therefore the minimum right of continued occupancy shall be six months or three months as described
above (with relocation benefits), however upon mutually agreeable terms the owner and tenant household
can jointly agree to eliminate this period.
· Expansion of the Right to purchase to allow the tenant first right to purchase the housing accommodation in
which the tenant resides or a comparable unit within the development.
· The rights to relocation benefits section could be modified to correspond to the right to continued occupancy
provisions noted above. Specifically in the event the condominium developer provides a full year notice, no
relocation benefits would be required. In the event a notice to vacate is less than twelve months the tenants
would be entitled to relocation benefits equal to three months rent (using fair market rents) if the tenants are
low-income or handicapped, or equal to one months rent otherwise. The non adjusted dollar amounts
($2400, and $800) could be eliminated per the ad-hoc committee recommendations.
?n
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
ASHLAND HOUSING COMMISSION
JOINT STUDY SESSION
JUNE 27, 2006
CALL TO ORDER - Chair John Fields called the meeting to order at 9:00 p.m. at the Ashland Civic Center, 1175 East Main
Street, Ashland, OR 95720.
Planning Commissioners Present:
John Fields, Chair
Michael Dawkins
Olena Black
Tom Dimitre
John Stromberg
Pam Marsh
Dave Dotterrer
Mike Morris
Kate Jackson, Council Liaison, absent
Housing Commissioners Present:
Faye We isler, Chair
Alice Hardesty
Bill Street
Jennifer Henderson
Liz Peck
Aaron Benjamin
Don Mackin, absent
Carol Voisin, absent
Cate Hartzell, Council Liaison, present
Staff Present:
Bill Molnar, Interim Planning Director
Brandon Goldman, Housing Specialist
Sue Yates, Executive Secretary
CONDOMINIUM CONVERSIONS
Molnar said one of the Council's tentative goals this year was to have a net increase of200 affordable units by the year 2010.
He explained that the City's Housing Action Plan and Housing Needs Analysis concluded that Ashland needs more affordable
rental housing, with a need to designate more land for apartments and consider restricting uses in certain zones to apartment.
An issue has come up concerning the impact on the rental market through condominium conversions; that is, apartments or
rentals converted to "for purchase" condominiums. Do we want to work toward a draft ordinance with a recommendation to
the Council?
Weare required under Goal 10 to have rentals because we have to provide the housing needs based on different income levels.
Ashland has seen a drastic change where the market isn't meeting the needs of the whole community.
Goldman reviewed the information in the Commissioners' packets. The condominium conversion is surpassing the number of
apartment units being constructed. He offered examples and statistics. He said the Council budgeted money to hire a
consultant to do a rental needs analysis with some kind of yearly maintenance. It is structured to assess how much land is
needed to accommodate different housing types that would typically apply to different income levels. The study should answer
most of the questions asked tonight.
Marsh encouraged the Housing Commission to draft an ordinance using language that actually asks for what we want. She
read language from an ordinance from Palo Alto that we could use as a guide.
Hardesty pointed out that a rental needs analysis will take awhile to complete. The Commissioners concluded that the Housing
Land Use Committee and Staff will continue their work and write a draft ordinance addressing condominium conversions and
bring it back to the Housing Commission and Planning Commission before sending it to the Council for their review and
approval. Dawkins and Dotterrer expressed an interest in working with the Housing Land Use Committee. Molnar thought
Staff could come up with some language pretty quickly.
Next Step - Fields announced that anyone interested in working on this issue should meet outside this meeting and work out a
date to meet. He suggested meeting in the mid-July.
ADJOURNMENT - The meeting was adjourned at 9:15 p.m.
Respectfillly submitted by
Susan Yates, Executive Secretmy
hi
July 28, 2006
Ashland Planning Commission
City of Ashland
20 E Main
Ashland, OR 97520
Re: Apartment/Condo conversion
Dear Commissioners;
For many years I've owned an apartment building in Ashland. Converting to
condominium units has always been an option, and in fact a goal, tor that building.
Concern that available rental units are diminishing in the city, while commendable, is
resulting in suggestions that ignore property rights by uncompensated taking of the ability
to create condos. This results in a "taking" that is remedied by Measure 37.
To encourage rental unit creation, or for that matter, "affordable housing", the City could
consider waiving development fees, adjusting city-imposed building codes, contribute
city street and utility work, and other aids which come from city assets and therefore
equally from all residents.
Sincerely,
Don Skillman
POB 1120
Ashland, OR 97520
1.7
l,t7~
Page 1 of 1
Brandon Goldman - Condo Conversion
From:
To:
Date:
Sub.iect:
CC:
Melanie Mindlin <sassetta@mind.net>
David Stalheim <stalheid@ashland.or.us>, Brandon Goldman <goldmanb@ashland.or.us>
4/11/2007 2:02 PM
Condo Conversion
John Fields <golden-fields@charter.net>, Pam Marsh <pam.marsh@gmai1.com>, Tom
Dimitre <dimitre@mind.net>, Olena Black <plan@aoblack.com>, David Dotterrer
<dotter@mind.net>, John Stromberg <pcstromberg@opendoor.com>, Michael Dawkins
<michaeltdawkins@yahoo.com>, Mike Morris <msquared@mind.net>, Cate Hartzell
<cate@mind.net>
Dear David, Brandon and Commissioners,
I have thought further about our discussion on the proposed Condominium Conversion Ordinance and would like to share these
thoughts with you, inviting your comments, with an eye towards submitting a letter to City Council on the matter.
1) It is the opinion of the Housing Commission, and perhaps all city officials, that having rental housing is the most important
thing we can do to have affordable housing in the City. Analysis of rental housing shows that prices are lower than most of the
state and fall within or close to the targets for income levels targetted by the existing and proposed conversion ordinance. There
are no trends indicating that this will be changing. In addition, as Michael Dawkins brought to our attention, apartment rentals
are generally permanent housing for their occupants which will not be lost due to turnover in ownership.
This raises a question in my mind about why we would want to offer incentives to going for Conditional Use Permit with 25%
permanently affordable housing instead of having 50% rentals. The same applies to the negotiated development agreement. If
we conclude that the permitted use is preferable, we should have some discretionary criteria written into the conditional use
permit to give the Planning Commission something to work with. Otherwise the CUP may as well be made an alternate
permitted use, since we will still be in the same situation we are now where there is no criteria on which to deny the application.
2) The main purpose of this ordinance seems to be to remove the potential for legal challenge to our current ordinance regulating
condominium conversion on the basis ofinclusionary zoning. This is being accomplished by including an outright permitted
conversion of 50% of the units. The other 50% cannot be converted in the future, creating 50% permanent rental units. If this is
legally permissible and if it is our commission and council's primary policy intent to stop the conversion of existing apartments
into condominiums, I wonder why stop at 50-50; why not allow only 25% to be converted for example?
3) As pointed out by John Fields, it is possible that the existence of any condominium conversion regulation will and is having a
dampening effect on the construction of new apartments. There has been no new construction of apartments in Ashland for
some time. Is this lack concurrent with our current ordinance on conversions? It would be interesting to see statistical analysis
and comparison with other locales to determine whether our conversion regulations are counter-productive.
4) With or without condominium conversion regulation, it would seem that the only way for the City to have apartments built is
to create new policies that address the issue directly. For example, a new zoning designation could be created that addresses
this housing need and land could be annexed into the City to provide an inventory for it. It would not need to be limited
to "affordable housing" but could be limited to a percentage of nonconvertible apartments. In addition, many localities charge a
hefty fee for the conversion of apartments into condominiums. The City could use such fees to fund the construction of
affordable housing.
Please feel free to rebut or elaborate any of these points.
Thanks,
Melanie
f. ...,
LJ?
file://C:\Documents and Settings\goldmanb\Local Settings\Temp\GW}OOOOl.HTM
4/12/2007
CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 15.04,
REGARDING CONCVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR
PURCHASE HOUSING IN MULTIFAMILY DISTRICTS
Meeting Date: April 17, 2007
Department: Community Development
Contributing Departments: Legal It
Approval: Martha Benn fV
Primary Staff Contact: Brandon Goldman 552-207~,.(J
E-mail: goldmanb@ashland.or.us ,-
Secondary Staff Contact: David Stahleim 552-2043-;"'~
E-mail: stalheid@ashland.or.us
Estimated Time: 30 Min.
Statement:
A proposed ordinance, to clarify regulatory control over the conversion of existing multi-family rental
units into for-purchase housing to ensure the converted units are inspected for compliance with the
Oregon Structural Specialty Code Chapter 34 for existing structures. The intention of the ordinance is
to trigger an inspection, and report to be completed by the Ashland Building Department that identifies
items that warrant correction to comply with the building code including exceptions for previously
existing buildings. These corrections shall be completed prior to the sale of the converted unit(s), and
a copy of the report and final inspections to the buyer.
Background:
The Housing Commission discussed developing a Condominium conversion ordinance to address
impacts associated with such conversions. Those impacts included loss of existing rental stock,
displacement of tenants, and the potential of substandard apartments being converted to for-purchase
and sold without review of the Ashland Building Department. The first two impacts noted above are
the subjects of separate ordinances that have been forwarded to the Council for Consideration. This
Council Communication specifically addresses the issue of providing the building department with
regulatory control over the conversion of multi-family rental units into for-purchase housing to protect
the health, safety and welfare of existing and future residents.
Originally, similar language stipulating the required inspection, report, and disclosure was included in
a draft land use ordinance that related to land use regulations associated with conversions of multi-
family rental units. Upon review of this draft ordinance the Legal Department determined that this
section of code language was more appropriately located in Chapter 15 of the Ashland Municipal
Code with addresses Building Code requirements.
As such the amendments to Chapter 15.04.115 as proposed are intended to address the items
previously contained in the draft land use ordinance. The development of the originally proposed
ordinance included numerous public meetings, the formation of an ad-hoc committee and a joint study
between the Planning and Housing Commissions. Public hearings were held before the Housing
Commission and Planning Commission.
6/27/2006 - Joint Housing and Planning Commission Study Session
7/20/2006 - Ad-Hoc Committee meeting - and Planning Commissions
7/25/2006 - Planning Commission Study Session
8/21/2006 - Housing Commission public hearing
r.l'
10/10/2006 - Planning Commission Public Hearing
10/24/2006 - Planning Commission Public Hearing Continued
3/28/2007 - Housing Commission Update (not a hearing)
4/10/2007 Planning Commission Update (not a hearing)
The Housing Commission and the Planning Commission have not reviewed the proposed ordinance
in its current format. Each advisory commission did review similar language establishing the
inspection, report, correction and disclosure process as outlined in the proposed ordinance.
In consultation with the Building Official he believed it was necessary to distinguish the type of units
covered to be explicitly conversions in multifamily zoning districts. Further the term "condominium"
was universally replaced with "for-purchase housing" as its applicability was not restricted to
condominiums alone. Rather conversion of multi-family rental units into town homes, rowhouses,
cooperatives, or condominiums would all be regulated under the broader term "for-purchase housing.
The originally developed ordinance modified the R2 and R3 zones, and as such conversions in those
zones alone would have been held to the inspection, report, correction and disclosure requirement.
By removing this section from a proposed land use code amendment, and instead inserting it into the
Building Code chapter as recommended by the legal department, it becomes necessary to clarify that
such requirements do not apply to mixed use projects in commercial zones which have different
building code requirements. To address this distinction, the term "in multifamily zoning districts"
should be inserted into the body of the ordinance language.
Recommendations:
Staff recommends approval of the proposed amendments to 15.04 with the following modification:
1) That section 15.04.115 be corrected to read as:
Conversion to For-Purchase Housing
Structures being converted from multiple-family rental unit use to
for-purchase housing in multi-family zoning districts....
The changes to the 'excerpt above include the removal of a redundant
word (conversion) and the addition of the qualifier "multi-family zoning
districts".
Staff believes that the ordinance as presented is in substantial conformance with the original draft ordinance
language reviewed by both the Housing Commission and Planning Commission. Although they have not held
public hearings on the Ordinance as currently presented each Commission had the opportunity to learn of
differences at their most recent regular meetings. Each commission indicated support of the Building Code
provisions and did not specifically request that they be further reviewed at the Commission level.
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Potential Motion:
· Move to accept the Ordinance amending Chapter 15.04 with changes as
recommended by staff, and proceed with first reading by title.
Attachments:
Ordinance No.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 15.04,
REGARDING CONCVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR
PURCHASE HOUSING IN MULTIFAMILY DISTRICTS
Minutes, memos and the Staff report relating to the Conversion of multi-family rental units into for purchase housing are included in the
Council Packet under the proposed Land Use Ordinance amendments. Those attached documents also relate to the proposed Tenants
Rights Resolution.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
CHAPTER 15.04, REGARDING CONVERSION OF EXISTING
MULTI-FAMILY RENTAL UNITS INTO FOR-PURCHASE HOUSING IN
MULTIFAMILY DISTRICTS
Annotated to show dolotions and additions to the code sections being modified.
Deletions are . and additions are in bold.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers home rule constitutional provisions reserved to
Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters. Local
1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975) and
WHEREAS, Chapter 15 of the City of Ashland Municipal Code contains local
building department regulatory control over the conversion of multi-family
residential units to condominiums, such measures being first established in 1979;
and
WHEREAS, the City Council of the City of Ashland has determined that in order
to protect the health, safety and welfare of existing and future residents of such
units, it is necessary to further clarify such regulatory control over condominium
conversion and to provide for additional regulatory measures not inconsistent
with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 15.04.115, Condominiums, is hereby amended to read as
follows:
SECTION 15.04.115 Conversion to For-Purchase Housing Con'..ersion
Condominiums.
CONDO CONVERSION ORDINANCE AMENDMENT
10f3
Structures being converted from multiple-family rental unit use to for-purchase
housing in multi-family zones condominiums shall conform to St3te Code
standards Oregon Structural Specialty Code Chapter 34 Existing Structures,
Sections 3404, 3405, and 3406, including but not limited to, structural,
mechanical, plumbing, and firellife safety, in effect at the time of conversion,
and a building permit shall be obtained for such conversion. Specifically, it
shall be unlawful for the owner or his agent of multi-family residential units
to convert said units and common areas to condominium ownership
without prior approval of the building official. Review of components
identified in Oregon Structural Specialty Code Chapter 34 Existing
Structures shall precede such approval. Owner shall notify tenants that the
City Building Division may be performing inspections of units and request
entry for such purpose. After completion of the review, a report of items to
be brought into compliance, if any will be provided to the owner or his
agent by the Ashland Building Official. Any and all corrective measures
and related construction permits with approved final inspections shall be
completed prior to sale of units identified in the report. Owner shall also
furnish a copy of the report and approved final inspections to the buyer, at
least 10 days prior to the closing of the sale of the unit. Physical
improvement or rehabilitation of units and common areas are subject to the
limitations of ORS 100.315. The fee schedule for the conversion review
shall be established by resolution of the city council.
SECTION 2 Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses, or paragraphs of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 3. Savings Clause. Notwithstanding this amendment/repeal, the
City ordinances in existence at the time any criminal or civil enforcement or other
actions were commenced, shall remain valid and in full force and effect for
purposes of all cases filed or actions commenced during the times said
ordinance(s) or portions thereof were operative.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections ) need not be codified.
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 ,2007,
and duly PASSED and ADOPTED this day of , 2007.
CONDO CONVERSION ORDINANCE AMENDMENT
2of3
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Mike W. Franell, City Attorney
CONDO CONVERSION ORDINANCE AMENDMENT
30f3
CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, ADDING A NEW
CHAPTER 10.115, TENANT RIGHTS IN CONVERSION OF EXISTING MULTI-FAMILY
RENTAL UNITS INTO FOR PURCHASE HOUSING
Meeting Date: April 17, 2007
Department: Community Develo
Contributing Departments: Legal
Approval: Martha Benne
Primary Staff Contact: Brandon Goldman 552-2076fj)
E-mail: Qoldmanb@ashland.or.us
Secondary Staff Contact: David Stalheim 552-2043 'hs
E-mail: stalheid@ashland.or.us
Estimated Time: 30 Min.
Statement:
A proposed ordinance, to establish Tenants Rights intended to address tenant displacement and
relocation difficulties experienced by households directly impacted by the conversion of existing rental
units into for-purchase housing.
Background:
The Housing Commission discussed developing a Tenants Rights Resolution in response to the
adverse impacts of existing tenants within an existing apartment complex when they are subjected to
displacement due to conversion of the complex into for-purchase housing.
A proposed resolution was reviewed in consort with the proposed Condominium Conversion
ordinance presently before Council for consideration. Upon review of the Tenants Rights Resolution
by the Legal Department it was determined that such provisions should best be codified through an
ordinance, not a resolution. As such the additional Chapter 10.115 as proposed is intended to
address the items previously contained in the draft resolution. The development of the originally
proposed resolution included numerous public meetings, the formation of an ad-hoc committee and a
joint study between the Planning and Housing Commissions. Public hearings were held before the
Housing Commission and Planning Commission.
6/27/2006 - Joint Housing and Planning Commission Study Session
7/20/2006 - Ad-Hoc Committee meeting - and Planning Commissions
7/25/2006 - Planning Commission Study Session
8/21/2006 - Housing Commission public hearing
10/10/2006 - Planning Commission Public Hearing
10/24/2006 - Planning Commission Public Hearing Continued
3/28/2007 - Housing Commission Update (not a hearing)
4/10/2007 Planning Commission Update (not a hearing)
Current state law provides some protections for tenants displaced through conversion of apartments
into for-purchase housing. However, the current protections in state law provide little to no practical
protection for tenants. The current protections are listed here. The shortcomings to these protections
are listed below.
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1. Notice must be given to tenants at least 120-days before a condo conversion will begin. The
notice does not serve as an eviction; it is only to inform tenants of the conversion plan. (ORS
100.305)
2. Tenants must be given first opportunity to purchase the unit they reside and at least 60 days
to reject the offer. (ORS 100.310)
3. Developers cannot show occupied unites to prospective buyers without permission of tenant.
(ORS 100.310)
4. Construction may begin on common areas of the complex, but no work may be done within
occupied units during the 120-day notice period. (ORS 100.315)
5. State law explicitly allows cities and counties to require developers to pay relocation expenses
for tenants displaced by condominium conversions. (ORS 100.320)
Shortcomings of Current State Requirements
1. Tenants are receiving simultaneous 120-day notice of conversion and 30-day "no-cause"
eviction notices rendering the 120-day conversion notice meaningless.
2. Tenants are receiving the 60-day opportunity to purchase after displacement due to "no-cause"
evictions or expiration of the 120-notice period.
3. Tenants may receive rent-increases that result in involuntary displacement during 120-notice
period.
4. No relocation assistance is provided except where required by local jurisdictions.
5. Rehab or improvement work in common areas is carried out in a fashion that dramatically
decreases quality of life for tenants (noise, debris, access to elevator, etc.)
The proposed Ordinance would establish tenant rights to be afforded to displaced tenants in order to
remedy the shortcomings noted above and to clearly establish the limits by which the allowable
protections under state law are ensured.
The Ordinance as proposed would establish:
· Advance notice of a conversion of existing multi-family rental units into for purchase units be
extended to one year unless relocation benefits are provided
· Relocation benefits equal to the higher of 3 months actual rent, or 3 months Fair Market rent.
if the tenant is asked to move in advance of 12 months notice.
· Tenant provided with first right of refusal to purchase the unit extended 90 days from the date
the offer is received.
· A recommendation to extend tenancy to coincide with the notice of conversion period. The
draft ordinance does not alter or amend existing contractual relationships between the tenant
and landlord. However relocation assistance is still required in the event a tenant is evicted
without cause during the notice of conversion period even if a month to month rental
agreement, or lease, expires in that period. The ordinance does afford the landlord protections
in that relocation benefits may be withheld if a tenant is evicted due to non payment of rent, or
voluntarily terminates the premises in advance of the 1 year occupancy period.
· Tenant Rights to non-disturbance through prohibition against improvements and rehabilitation
of the units (except ordinary repairs) during the first 120 days after notice of conversion is
received. This is intended to ensure the tenants are not forced to 'voluntarily' vacate the
premises due to unreasonable interference with the right to quiet use and enjoyment of the
premises.
. Scheduled rent increases per a written rental agreement are permissible during the period of
continued occupancy, or rent may be increased in an amount no greater than the Portland-
Salem Consumer Price index. This provision is intended to ensure that dramatic rent
increases during the period of continued occupancy are not imposed on the tenant to force an
early voluntary termination of tenancy and abandonment of the tenants rights to relocation
benefits.
· Notice of conversion to be served to all tenants as required by ORS 100.305 and further that a
copy of the notice and recipient list shall be provided to the City within 7 days of its delivery.
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. The proposed ordinance further establishes penalties for non-compliance with the relocation
assistance, right to purchase, and other provisions of the chapter.
The Housing Commission and the Planning Commission have not reviewed the proposed ordinance
in its current format. Each advisory commission did review the proposed resolution establishing
tenants rights, and each Commission recommended approval. The original resolution is attached.
Differences between the Tenant Rights Ordinance now before Council and the prior resolution
reviewed by the Planning Commission are as follows:
Proposed Ordinance
Tenant Right to Relocation Assistance.
Relocation Benefit" means a sum of money equal to
three (3) times the actual rent or three (3) times the
Fair Market Rent for the Medford-Ashland Metropolitan
Service Area for a unit of an equal number of
bedrooms as occupied by the tenant, whichever is
greater.
Legal review found that the division between
low moderate income, handicapped, and
median or high income households in the draft
resolution could potentially have a
discriminatory impact on a protected class.
Therefore it was the Legal departments
recommendation to alter this provision to have
a universal benefit ( 3 months rent) that
applied equally to all tenants.
Recommendation to Extend Tenancy
Nothing in this ordinance is intended to alter or amend
an existing contractual relationship between landlord
and tenant or the rights and remedies available to
landlords or tenants under existing state law.
However, it is recommended that if the Notice of
Conversion period exceeds the term of the
tenancy in the Rental Agreement, extension of the
tenancy to coincide with the expiration of the
Notice period provides for continued occupancy
and because early expiration of the tenancy after
the Notice is given does not relieve the declarant
from the requirement to provide relocation
assistance for existing tenants. In addition,
termination of a tenancy by the landlord for improper
purposes of avoidance or frustration of the rights
granted tenants by ORS Chapter 100 or this
ordinance, is a violation of this ordinance as detailed
below.
Legal review found that existing rental
agreements and leases shall be preserved.
However, as the landlord/owner is obligated to
provide relocation assistance whenever an
existing tenant is asked to move in advance of
Previous Draft Resolution Reviewed by
Planning and Housing Commissions
Riaht to Relocation Benefits:
Relocation benefits for a Handicapped, or
Low/Moderate Income Tenant shall be equal to
three times the actual rent or the Fair Market
Rent for the Medford-Ashland Metropolitan
Service Area, whichever is greater. All other
Tenants shall be entitled to a relocation benefit of
up to one month'sfent or the Fair Market Rent,
whichever is greater, for a unit of an equal
number of bedrooms as occupied by the tenant.
Riaht to Continued Occupancy:
A Tenant shall have the right to continued
occupancy of such Tenant's Housing
Accommodation until the expiration of the
Tenant's Lease or Rental Agreement, or one year
after receipt of Notice, whichever is longer.
Riaht to Extend Term of Rental Aareement or
Lease. If the Notice period exceeds the term of
the tenancy in the Rental Agreement or Lease,
the term of the tenancy shall be extended to
coincide with the expiration of the Notice period.
There shall be no other change in the provisions
of the Rental Agreement.
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the 12 month notice period the
"recommendation to extend tenancy" section
informs the landlord of this obligation.
In further discussions with the Legal
Department, Staff is recommending that the
section in bold above be reworded to be more
"readable as follows:
If the Notice period exceeds the term of
the tenancy in the Rental Agreement, it is
recommended that the length of tenancy
be extended to coincide with the expiration
of the Notice period to provide for
continued occupancy. Early expiration of
the tenancy after the Notice is given does
not relieve the declarant from the
requirement to provide relocation
assistance for existing tenants.
Right to Non-disturbance.
ORS 100.315 prohibits improvements or rehabilitation
of units, except ordinary and necessary repairs, during
the 120 day notice period prescribed by ORS 100.305,
without the permission of the tenant. This statute
provides a tenant occupying a unit with the right to
continued quiet use and enjoyment of the premises
and to be free from unreasonable interference with
that right. Declarant is not prohibited from making
improvements to common areas; however, declarant
shall not harass, molest, intimidate, interfere with, or
frustrating a Tenant's quiet use and enjoyment of the
premises by creating unreasonable noise or
unreasonable physical disruption of common areas,
including access and parking, during the notice period.
The salient changes here between the
proposed Ordinance and the prior draft
resolution is that the period of non-disturbance
in the proposed Ordinance has been reduced
to 120days consistent with state law, versus
the one-year period in the draft resolution.
Tenant's Riaht to Nondisturbance/Landlord's
Riaht of Access
For so long as the Tenant has the right to occupy
under the Right to Continued Occupancy above,
the Landlord shall not undertake rehabilitation,
repair, or improvement of the Housing
Accommodation occupied by the Tenant except
for ordinary and necessary repairs, nor shall the
Landlord interfere with the Tenant's quiet use
and enjoyment of common areas by creating
unreasonable noise or disruption of such areas.
The Tenant shall not unreasonably withhold
consent to the Landlord or the Landlord's
designees to enter the Tenant's unit in order to
inspect the premises or show the unit to
prospective purchasers or their contractors,
provided the Landlord gives the Tenant at least
two days' advance notice and requests entry only
at reasonable times.
rj.'
Recommendations:
Staff recommends approval of the proposed Tenant Rights Ordinance with the following modifications:
1) That section 10.115.030(c) further define Fair Market Rent to specify "as defined by the
Department of Housing and Urban Development. As modified this section would read as:
"Relocation Benefit" means a sum of money equal to three (3) times
the actual rent or three (3) times the Fair Market Rent, as defined by
the U.S. Department of Housing and Urban Development for the
Medford-Ashland Metropolitan Service Area, for a unit of an equal
number of bedrooms as occupied by the tenant, whichever is
greater.
2) That section 10.15.050 be reworded as follows:
SECTION 10.115.050 Recommendation to Extend Tenancy.
Nothing in this ordinance is intended to alter or amend an existing
contractual relationship between landlord and tenant or the rights
and remedies available to landlords or tenants under existing state
law. If the Notice Period exceeds the term of tenancy in the Rental
Agreement, it is recommended that the length of tenancy be
extended to coincide with the expiration of the Notice Period to
provide for continued occupancy. Early expiration of the tenancy
after notice is given does not relieve the declarant from the
requirement to provide relocation assistance for existing tenants. In
addition, termination of a tenancy by the landlord for improper
purposes of avoidance or frustration of the rights granted tenants
by ORS Chapter 100 or this ordinance, is a violation of this
ordinance as detailed below.
The ordinance as presented is in substantial conformance with the original draft resolution reviewed by both the
Housing Commission and Planning Commission with the exceptions of modifications to be in compliance with
state law. Although they have not held public hearings on the draft Ordinance each Commission had the
opportunity to learn of differences at their most recent regular meetings. Each commission indicated support of
the Tenant Rights Ordinance and did not request that it be further reviewed at the Commission level.
Potential Motion:
· Move to accept the Tenant Rights Ordinance as presented or amended by Council
and proceed with first reading by title.
Attachments:
Ordinance NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, ADDING A
NEW CHAPTER 10.115, TENANT RIGHRS IN CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS
INTO FOR PURCHASE HOUSING
Minutes, memos and the Staff report relating to the Conversion of multi-family rental units into for purchase housing are included in the
Council Packet under the proposed Land Use Ordinance amendments. Those attached documents also relate to the proposed Tenants
Rights Resolution.
r.,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
ADDING A NEW CHAPTER 10.115, TENANT RIGHTS
IN CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS
INTO FOR- PURCHASE HOUSING.
Annotated to show deletions and additions to the code sections being modified.
Deletions are . and additions are in bold.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly
or impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers home rule constitutional provisions reserved to
Oregon Cities. City of Beaverton v. International Ass'n of Firefiohters, Local
1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975; and
WHEREAS, ORS Chapter 100 sets forth certain minimum requirements for the
protection of the health, safety and welfare of tenants who are adversely
impacted by the conversion of multi-family residential apartment units to
condominium ownership; and
WHEREAS, the City Council of the City of Ashland has determined that in order
to protect the health, safety and welfare of existing and future residents of such
units proposed for conversion, it is necessary to exercise additional regulatory
control over conversion of existing multi-family rental units into for-purchase
housing, not inconsistent with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. New Chapter. A new Chapter 10.115 TENANT RIGHTS IN
CONVERSION OF EXISTING MULTI-FAMILY RENTAL UNITS INTO FOR-
PURCHASE HOUSING is hereby added to the Ashland Municipal Code to read
as follows:
TENANT RIGHTS IN CONVERSION OF EXISTING MULTI_FAMILY
RENTAL UNITS INTO FOR_PURCHASE HOUSING
SECTIONS:
10.115.10
10.115.20
10.115.30
10.115.40
10.115.50
10.115.60
10.115.070
10.115.080
SECTION 10.115.010
Declaration of Policy.
Notice of Conversion and Tenant Rights.
Tenant Right to Relocation Assistance.
Tenant Right to Purchase Unit.
Recommendation to Extend Tenancy.
Prohibited Harassment or Frustration of Tenant's
Rights
Additional Notice to Housing Staff.
Penalties.
Declaration of Policy.
It is hereby declared to be the policy of the City of Ashland Oregon to
utilize the full extent of the City's municipal charter authority in exercise of
its police power, for the protection of public health, safety and the general
welfare to assure a certain basic rights are provided to tenants of multi-
family residential units displaced or affected by conversion of existing
multi-family rental housing into for-purchase housing.
SECTION 10.115.020
Notice of Conversion and Tenant Rights.
A. In addition to the minimum content of notice provided in ORS
100.305(1 )(a), the declarant in a conversion of existing multi-family rental
housing into for-purchase housing shall also include in the notice of
conversion all the tenants rights contained in this Ordinance, with specific
reference to the Right to Relocation Assistance (moving expenses)
adopted pursuant to City Charter authority and ORS 100.320 and set forth
in Section 10.115.030 below. Notwithstanding this provision, Notice of
Rights shall be deemed sufficient if a copy of this Ordinance is included
with an ORS Chapter 100.305 compliant notice.
SECTION 10.115.030
Tenant's Right to Relocation Assistance.
A. Except as provided in paragraph B below, a declarant shall, no
earlier than sixty (60) days and no later than 20 days prior to the end of the
tenancy of a unit occupied at the time the Notice of Conversion is served,
pay to each and every vacating tenant of a unit a Relocation Benefit as
defined herein. The entire benefit shall be paid to a tenant who is the only
tenant in a rental unit; if a rental unit is occupied by two or more tenants
(as reflected on the lease agreement), then each tenant of the unit shall be
paid a pro-rata share of the relocation benefit.
B. A Relocation benefit shall not be required when:
(1) The declarant has provided a minimum of twelve (12)
months written Notice of conversion to tenant, in
accordance with this ordinance and ORS Chapter 100; or
(2) The tenant has not paid all rent due and payable to the end
of the tenancy under the Rental Agreement or extension of
such Rental Agreement, if any, twenty-eight (28) days prior
to the date the housing unit is to be vacated; or
(3) The tenant has purchased or is purchasing a unit within the
same conversion to for-purchase housing project; or
(4) The tenant quits the premises or otherwise voluntarily
terminates the tenancy prior to the end of the tenancy and
the 60 day payment deadline for relocation assistance for
that tenancy; or
(5) The tenant first occupied the unit after the notice of
conversion was sent to all unit owners and tenant received
a copy of such notice when tenant took occupancy.
C. "Relocation Benefit" means a sum of money equal to three (3)
times the actual rent or three (3) times the Fair Market Rent for the
Medford-Ashland Metropolitan Service Area for a unit of an equal
number of bedrooms as occupied by the tenant, whichever is greater.
SECTION 10.115.040
Tenant Right to Purchase Unit.
Notwithstanding lesser rights granted tenants in ORS 100.310, the
declarant shall first offer to sell the unit to the tenant who occupies the
unit, regardless of the extent of alteration to the physical layout of the unit.
Such offer shall not terminate before the expiration of ninety (90) days after
its receipt or upon written rejection by the tenant, whichever is earlier. For
ninety (90) days after the expiration of the offer to tenant, declarant shall
not sell the unit on terms and conditions which are more favorable to the
purchaser than the price or terms offered to tenant.
SECTION 10.115.050
Recommendation to Extend Tenancy.
Nothing in this ordinance is intended to alter or amend an existing
contractual relationship between landlord and tenant or the rights and
remedies available to landlords or tenants under existing state law. If the
Notice Period exceeds the term of tenancy in the Rental Agreement, it is
recommended that the length of tenancy be extended to coincide with the
expiration of the Notice Period to provide for continued occupancy. In
addition, early expiration of the tenancy after notice is given does not
relieve the declarant from the requirement to provide relocation assistance
for existing tenants. reoommended that if the Notioe of Conversion period
exoeeds the term of the tenancy in the Rental Agreement, extension of the
tenanoy to coinoide with the expir-ation of the Notice period provides for
continued oooupancy and because early expiration of the tenancy after the
Notice is given does not relie\'e the deolarant from the requirement to
pro':ide relocation assistanoe for existing tenants. In addition, termination
of a tenancy by the landlord for improper purposes of avoidance or
frustration of the rights granted tenants by ORS Chapter 100 or this
ordinance, is a violation of this ordinance as detailed below.
SECTION 10.115.060
Rights.
Prohibited Harassment or Frustration of Tenant
No declarant, or agent thereof shall engage in conduct which has the effect
of harassing, molesting, intimidating, interfering with, or frustrating a
tenant's enjoyment or exercise of rights granted pursuant to this Chapter
and ORS Chapter 100. Specifically, and without limitation, no declarant
shall engage in the following conduct which adversely impacts tenant's
exercise of rights:
A. Right to Non-disturbance. ORS 100.315 prohibits improvements or
rehabilitation of units, except ordinary and necessary repairs, during the
120 day notice period prescribed by ORS 100.305, without the permission
of the tenant. This statute provides a tenant occupying a unit with the right
to continued quiet use and enjoyment of the premises and to be free from
unreasonable interference with that right. Declarant is not prohibited from
making improvements to common areas; however, declarant shall not
harass, molest, intimidate, interfere with, or frustrating a Tenant's quiet use
and enjoyment of the premises by creating unreasonable noise or
unreasonable physical disruption of common areas, including access and
parking, during the notice period.
B. Tenant Right to Occupancy. This Chapter and ORS 100.310 provides
tenants with a right to purchase the unit they occupy at the time the notice
is provided in accordance with ORS 100.305. In addition, this chapter
provides for the payment of relocation benefit to tenant after the notice of
conversion is provided. Declarant shall not harass, molest, intimidate,
interfere with, or frustrate a Tenant's right to fully consider such offer to
purchase by attempting to terminate the tenancy during the offer period,
without legal cause, or increasing rent or assessments or by engaging in
other actions or conduct which adversely impacts the exercise of tenant's
rights. Notwithstanding this prohibition, a scheduled rent increase in
accordance with the provisions of a written rental agreement or an increase
in rent no greater than a percentage equal to the percentage increase in the
Portland-Salem Consumer Price Index for All Urban Consumers for All
Items as reported by the United States Bureau of Labor Statistics shall not
be considered a violation of this section. In addition, declarant shall not
harass, molest, intimidate, interfere with, or frustrate a Tenant's right to
collect the relocation benefit by engaging in conduct or actions, including
but not limited to those identified herein, which attempt to cause the tenant
to voluntarily quit the premises or otherwise abandon tenant's right to
relocation benefit.
SECTION 10.115.070
Additional Notice to City Housing Staff.
Notice of Conversion given pursuant to this ordinance shall be served as
provided in ORS 100.305, except that a copy of said notice and list of all
recipients shall be provided by regular mail or personal delivery to the City
of Ashland Housing Program Specialist within 7 days of its delivery or
mailing to tenants
SECTION 10.115.080
Penalties.
A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a
declarant, of a multi-family residential building to fail to strictly comply
with, or violate the notice, relocation assistance, right to purchase, or
prohibited actions provisions of this Chapter. For purposes of this
chapter, the term declarant includes the owner of the multi-family building,
regardless of the form of ownership, as well as declarant's authorized
agents and contractors.
B. Notwithstanding the fine limitations of AMC Section 1.08.020, the fine
for violation of any provision of this Chapter shall be a minimum of
$1000.00 for each unit affected. If the violation is a failure to pay the
relocation benefit or prohibited harassment or frustration of tenant's rights
and the offender is a corporation or other business entity, then an
additional special corporate fine shall be imposed, in addition to the
minimum fine, equal to an amount twice the relocation assistance amount
unlawfully withheld.
SECTION 2 Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the
other sections, provisions, clauses, or paragraphs of this Ordinance which
can be given effect without the invalid provision or application, and to this
end the provisions of this Ordinance are declared to be severable.
SECTION 3. Codification. Provisions of this Ordinance shall be
incorporated in the City Code and the word "ordinance" may be changed to
"code", "article", "section", or another word, and the sections of this
Ordinance may be renumbered, or re-Iettered, provided however that any
Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be
codified.
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 .,2007,
and duly PASSED and ADOPTED this day of ,2007.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
John W. Morrison, Mayor
Reviewed as to form:
Mike W. Franell, City Attorney
Tripartite Housing Committee
Report
March 20, 2007
The joint committee of Council, Parks, and Schools (dubbed the Tripartite) has met
intermittently over the past several months. Attached is a refined list of the goals and
priorities that resulted from one of their earlier meetings. Issues are ranked according to
the number of votes received. Goal number two, in the category of "Housing" is to find
solutions to the declining enrollment in schools and to provide more affordable housing.
Number four in the category of "Planning" is to look at land holdings and review
affordable housing options.
At the Oct. 5,2006 joint meeting I volunteered to call together a meeting of the Housing
Committee. Since then the committee has met three times. The membership has
consisted of:
Parks:
Housing Commission:
Citizen:
Staff Liaison:
Alice Hardesty
Eric Navickas
Heidi Parker-Shames
Ruth Alexander
Jim Lewis
Bill Street
Melissa Mitchell-Hooge
Brandon Goldman
Council:
Schools:
The meetings are informal, and interested members of the public have attended at times.
Representation is somewhat variable depending on individual members' workloads.
The committee has identified three major goals:
1. Bring 200 new students to Ashland through the creation of workforce/affordable
housing with the goal of opening (or reopening) an elementary school.
2. Bring additional families to Ashland to maintain the viability of our community
hospital.
3. Inventory all public lands to identify potential sites for workforce/affordable
housing.
The committee has also identified two sub-goals or specific outcomes:
1. Facilitate housing for 20 households with members employed by the Ashland
School District.
2. Facilitate housing for 20 households with members employed by the City of
Ashland and Parks Department.
To work toward accomplishing these goals the committee is asking each parent
organization to identify a piece of property that would be suitable for siting
Refined List of Goals and Priorities
Ashland City Council, Ashland School District, Ashland Parks and Recreation
Categories
Issues for Consideration (ranked by number of votes)
Schools Continue use of Lincoln and Briscoe Schools as neighborhood
parks to support goal of a neighborhood park within 1/4-mile of
every Ashland resident.
Housing Find solutions to declining enrollment in schools / provide more
affordable housing
Transportation Make it easy and affordable to use public transportation around
town; partner with City to advertise "green fuel" school and
regular buses; promote them to the general public and families.
Planning Look at land holdings and review affordable housing options.
Planning Consider economic development targets (impacts).
Budget Funding Fund the Open Space Plan that was adopted by the Parks
Commission and City Council.
Budget Funding Assess what basic services are needed and articulate the potential
taxation impacts on citizens of decisions made as elected officials.
Budget Funding Work on alleviating or controlling the costs of PERS and employee
health care.
Budget Funding Assess long-term options for the Youth Activities Levy.
Marketing and Promote strong individual to community-wide communication;
Education check attitudes toward what we think we need: are those things
"best" for the community as whole?
Miscellaneous, Promote greater coordination between other large
Community employers/governing bodies in the area, including SOU, Jackson
Visioning, Other County Commissioners, etc. Make more effort to lobby regionally.
Miscellaneous, Work on coordination of consumption and conservation of energy
Community between agencies.
Visioning, Other
Miscellaneous, Meet on an agreed-upon basis (monthly/quarterly) with three
Community elected groups; work on making progress with goals.
Visionine, Other
CITY OF
ASHLAND
Council Communication
Report on AMC Sections with References to City Charter
Meeting Date: April 17, 2007
Department: Administratyion
Contributing Departm31ets:
Approval: Martha Ben
Estimated Time: 15 min e
Primary Staff Contact: Ann Seltzer
Ann@ashland.or.us
Secondary Staff Contact:
Statement:
Former City Attorney Paul Nolte was engaged for the purpose of identifying and drafting code should
the proposed City Charter and/or City Manager Amendment be approved by voters in May.
Staff Recommendation:
This presentation is for informational purposes only. Council action will only be required should the
proposed City Charter and/or the City Manager amendment be approved by voters.
Background:
Adoption of the proposed City Charter and/or City Manager Amendment would require new code
including: ordinances that would establish the salaries for the Mayor, councilors, recorder and judge as
part of the annual budget process; an ordinance that would establish the budget process for the city
band and parks department as part of the annual budget process; an ordinance addressing city parks
and the Parks and Recreation Commission by protecting park land and preserving programs and the
OSF lease in the manner specified in the current charter; conform the municipal code to the city
manager ballot measure and address the cemetery trust fund. Other amendments may also be
necessary.
Should the proposed City Charter and the City Manager amendment be approved by voters the draft
ordinances will be brought to the council for consideration and action in June.
Council Options:
No action is required at this time.
Attachments:
Memo from Paul Nolte
1
.. . wu}>~~luN~~~~,~~l~Y~1" ...
38M) Fishel" Road
Rosdmrg. 1)7470
Phone 541-821-2271
law(ii) ashlandhome.net
Memo to Ann Seltzer
April 9, 2007
Ann, here are some ordinance amendments should the proposed charter be adopted. Please
review and advise if we're on the right track:
AN ORDINANCE TO ADD OR AMEND SEVERAL SECTIONS
OF THE ASHLAND MUNICIPAL CODE
TO CONFORM TO PROVISIONS
IN THE 2007 ASHLAND CITY CHARTER
Annotated to show deletions and additions to the code sections being modified or added.
Deletions are lined through and additions are underlined.
The City of Ashland ordains as follows: (Ann note this is a new ordaining clause as required by
the revised charter.)
Section 1. The following section is added to the Ashland Municipal Code:
2.08.050 Salary.
For services provided by the city recorder. the council shall authorize compensation as a part of
the council's approval of the annual budget. Compensation for the city recorder shall not be
diminished during the term for which the recorder was elected unless the compensation for
department heads is reduced during such term. In such case. the percentage reduction of the
recorder's compensation may not exceed the average percentage reduction of the compensation
for the department heads.
Section 2. Ashland Municipal Code Section 2.28.180 is amended to read:
2.28.180 tAl Municipal Court Department - Created A Municipal Court Department is hereby
created which is under the direction of the elected Municipal Judge, and consists of such
employees provided for by the position classification plan or City budget, and such other
employees as the City Administrator may assign to said Department.
(B) Salary - For services provided by the municipal iudge. the council shall authorize
compensation as a part of the council's approval of the annual budget. Compensation for the
1
judge shall not be diminished during the term for which the judge was elected unless the
compensation for the department heads is reduced. In such case, the percentage reduction of the
judge's compensation may not exceed the average percentage reduction of the compensation for
the department heads.
Section 3. Ashland Municipal Code Section 2.56.040 is amended to read:
2.56.040 Budget
Prior to the preparation of the City budget each year, the band board shall cause a careful
estimate to be made of the band's needs for the ensuing year in view of the funds to be available
and shall submit same to the director of finance for consideration with the other budgetary
matters. Through the city's budget process, the City Council shall provide for the continued
operation of a City Band and shall fix and determine the Band's budget for the ensuing year.
Section 4. The following section 10.68.025 is added to the Ashland Municipal Code:
10.68.025 Parks - Budget
Prior to the preparation of the City budget each year, the Park and Recreation Commission shall
cause a careful estimate to be made of the money required for park purposes and shall submit
same to the director of finance for consideration with the other budgetary matters. Through the
city's budget process, the City Council shall provide for adequate funding and continued
operation of the city's park system and shall determine the budget for the Park and Recreation
for the ensuing year.
Section 5. Section 10.68.010 of the Ashland Municipal Code is amended to read:
10.68.010 Parks - defined
(A) Unless some other meaning clearly appears, the words "park" and "parks" means the lands
dedicated for park purposes under and by virtue of that certain charter amendment adopted by a
vote of the people of the city at the annual city election held on December 15, 1908, and
proclaimed by the mayor December 17, 1908, together with all other lands since acquired or that
may hereafter be acquired, or may have been dedicated, or may hereafter be dedicated, for park
and recreation purposes, either by the city, by corporations, or by individuals.
(B) Except as otherwise provided in this section and section 10.68.025, the parks are reserved
and forever dedicated to the people of the City for park and recreation purposes and shall never
be sold, leased, encumbered or used for any inconsistent purposes.
(C) Nothing contained in AMC 10.68.010(2) is to be construed so as to impair or interfere with
the proper construction or operation of the city's light, power or water system.
(D) The Park and Recreation Commission, with the consent of the council, shall have the
authority to lease to the Oregon Shakespeare Festival Associaticm, a non-profit corporation of the
State of Oregon, any portion of Lithia Park.
2
Section 6. The following section 10.68.025 is added to the Ashland Municipal Code:
10.68.025 Open Space Park Program.
A. An Open Space Park Program is created for the same purposes as open space land in ORS
308.370. The program is to be administered by the Ashland Park and Recreation Commission
who shall make recommendations to the city council concerning priorities for land and easement
acquisitions for the program. Land or easements acquired for open space park purposes shall be
dedicated by the council for such purposes. After dedication, the commission shall be
responsible for the administration, development and operation of such lands.
B. Before any land or easements that have been acquired for the program are disposed of and
released from the program there shall be a public hearing. Disposal shall be by ordinance, which
shall not contain an emergency clause, thus giving to the people of the City of Ashland the
opportunity to petition for a referendum.
Section 7. Section 2.64.130 of the Ashland Municipal Code is amended to read:
Section 2.64.130 Trust fund
A trust fund is created to be known as "Cemetery Trust Fund" into which fund shall be deposited
sixty percent of all sums received from sale of burial plots or grave spaces, and sixty percent of
all sums received from owners of lots already sold who desire to secure a contract for the
perpetual upkeep thereof, and one hundred percent of all bequests and donations, and all other
sums which are-were required to be set aside under the provisions of former Section 1 of Article
XVIII of the City Charter prior to its revision in 2007. ,..-the The monies in this fund are to be
kept properly invested, and the income therefrom is to be used for the maintenance and upkeep
of cemeteries held by or under control of the City. The forty percent withheld from the purchase
price of grave spaces and from sale of perpetual upkeep agreements, shall likewise be used for
maintenance and upkeep of the cemeteries.
Section 8. The following section 2.04.150 is added to the Ashland Municipal Code.
2.04.150 Sergeant at Arms
A member of the police department, as designated by the chief of police, shall attend all
meetings of the council, and perform the duties of a sergeant at arms for the council.
Section 9. Sections 2.28.020, 2.28.030 and 2.28.040 are amended to read: (Ann, note this section
would be adopted if the city manager charter amendment passes. Note also there will be a
multitude of amendments necessary to change City Administrator to City Manager throughout
the code.)
2.28.020 City Administrator Manager - Department Created
A City Administrator Manager Department is created, under the direct control and management
of the City Administrator Manager, and shall consist of the City Administrator Manager, the
3
employees provided for by the position classification plan or a position ordinance, and such other
employees as the City Administrator Manager may assign to saitl the Department.
2.28.030. City '^1dministrator Manager - Duties - Generally
The City ;\dministrator Manager shall have the duties, responsibilities, authorities, and
jurisdictions provided by the City Charter, the ordinances and resolutions adopted by the
Council, and the laws of the state v.'herein they that relate to the administration of the City. With
City Council acknowledgment, the The City Administrator Manager is hereby empowered to
may make such rules and regulations for the conduct of the various administrative departments
of the City as may be deemed necessary from time to time.
2.28.040 City Administrator Manager - Administrative Responsibilities
The City .^1dministrator Manager shall have responsibility for the general administrative
coordination of all City departments except for those officers and employees of the Parks
Department. The City Administrator shall ha';e the right to submit recommendations to the
Mayor, with confirmation by the City Council, as to the appointment or dismissal of uny
principal officer or Department head. The Mayor and City Council, City Administrator, or the
appropriate Department head may directly appoint or dismiss any subordinate employee.
4
CITY OF
ASHLAND
Council Communication
An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020)
Meeting Date: April 17, 2007
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.t. ,
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.
rA'
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. Deletio~
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 Policy. The proper operation of democratic government requires that public officials.
including elected officials. appointed officials 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 employeespublic officials, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all employeesIlliblic 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 assist employeespublic 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 in the integrity of City employecspublic
officials.
B. Responsibilities of Public Office. EmployecsPublic officials are agents of public purpose and are
employedengaged 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.
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o' I
C. Dedicated Service. All employeespublic officials of the City should Be loyal work to support the
political objectives expressed by the electorate and the programs developed to attain those objectives.
Appointive officials and employees should adhere to the rules of work and performance established
as the standard for their positions by the appropriate authority.
Emplo:yees 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 employecspublic officials unless prohibited
from so doing by law or by officially recognized confidentiality oftheir work.
D. Fair and Equal Treatment.
1. Interest in Appointments. 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 employee 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 b~Defit in
compensation of employment.
3. Obligations to Citizens. No eIBf'loyeepublic official 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 employeepublic official, whether 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 of that empleycc's public official's official duties in the public
interest or would tend to impair independence of judgment or action in the performance of that
emfJleyee'spublic official'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 the-guidance of cmplo)'ees.~
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 epublic official mplo)'ec shall, without proper legal
authorization, disclose confidential information concerning the property, government or affairs of
the City. Nor shall any etllflloyee 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 emfJloyee 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
Page 2 of 4
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~G: \Jeglll\\4 iI{el.oraiRllftees\Etkics .'\meRameftts.aoc
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
on a matter which came or will come before the board or commission to which that official is
appointed.
No employee public official shall accept a retainer or compensation that is contingent upon a
specific action by a-the City ageney.
5. Contracts with the City. Any cmployeepublic 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 employeepublic official may be called to act in an official
capacity. The cmployccpublic official shall refrain from participating in the transaction or the
making of such contract or sale.
Aft em.ployecpublic official shall not be deemed interested in 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 em.ployeepublic official 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 Council or 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 em.ployeepublic official -shall promise an appointment to any municipal position as a reward for
any political activity.
I G. Applicability of Code - Employees. 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. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected
official has doubt as to the applicability of a provision of this code to a particular situation. they
should apply to the City 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
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~G:\legBI\M ike\OnlinsAee3\Ethics Amendments.doe
determination. The City Council. the Mayor or the City Administrator may request the City Attorney
to provide an advisory opinion based upon the (acts presented. The determination of the City Council
as to the applicability of a provision of this code to a particular situation shall be fmal.
I. Definitions:
I) Employee - for the purpos~s 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 Official - for the purposes of this section. the term "appointed official" 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 City Attorney.
3) Elected Official- for the purposes of this section. elected official 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 city
councilors. the city recorder. the municipal iudge and the parks commissioners.
JH. Sanctions. VielfttioR of any provisioRB of this code should mise eORseientious qHestioRs for the
employee eofteemoo as te '...hether YOluntllf)' resignation or other action is indieated to promote the
best interest of the City. Violation of any provision of this section. determined 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
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~G:\Ieglil\Mike\OrElill!llleesl,EtRies .^.metlEllftetlts.60e
.. I
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. Deletio~
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 Policy. The proper operation of democratic government requires that public officials,
including elected officials, appointed officials 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 officials, 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 assist public 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 in the integrity of City public officials.
B. Responsibilities of Public Office. Public officials are agents of public purpose and are engaged 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.
C. Dedicated Service. All public officials 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
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officials and employees should adhere to the rules of work and performance established as the
standard for their positions by the appropriate authority.
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 Appointments. 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 official 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. Nopublic official, whether 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 of that public official's official duties in the public interest or would tend to
impair independence of judgment or action in the performance of that public official's official duties.
Personal, as distinguished from financial, interest includes an interest arising from blood or marriage
relationships or close business or political association. Nothing herein prohibits a public officer from
engaging in any business, profession or employment that is permitted or required as regards the
composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real
estate pursuant to ORS 227.030 or Building Code Board of Appeals, [AMC 15.04.200] members
engaged in specific trades).
Specific conflicts of interest are enumerated below for guidance:
1. Incompatible Emplovment. 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 conceming 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
Page 2 of 4
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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
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 the 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 may 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.
A public official shall not be deemed interested in 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 official 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.
7. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses public
officers and employees from compliance with more restrictive state laws applicable to the
particular public position, (e.g. Planning Commissioners are subject to more restrictive Conflict
of Interest Provisions pursuant to ORS 244.135.)
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 appointment to any municipal position as a reward for any
political activity.
G. Applicability of Code - Employees. 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.
Page 3 of 4
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H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected
official has doubt as to the applicability of a provision of this code to a particular situation, they
should apply to the Mayor 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 Mayor may request the City Attomey to provide an advisory opinion based upon
the facts presented. The determination of the Mayor as to the applicability of a provision of this code
to a particular situation shall be final, unless a majority of the Council calls up the determination for
review by the full Council at the meeting following the determination..
I. Definitions:
I) 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 Official - for the purposes of this section, the tenn "appointed official" 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 City Attorney.
3) Elected Official - for the purposes of this section, elected official 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 city
councilors, the city recorder, the municipal judge and the parks commissioners.
J. Sanctions.. Violation of any provision of this section, determined 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
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CITY Of
ASHLAND
Council Communication
Resolution Repealing Nos. 81-20,81-63, 89-14 and Appointing Park
Commission to Facilitate Senior Program
Meeting Date:
Department:
Approval:
IIllJAPriI17,2;(tJ07 .
,,- City Recorder
Martha Benn
Primary Staff Contact: Barbara Christensen
488-5307 christeb@.ashland.or.us
Estimated time: 10 minutes
Statement:
The Senior Program of the City of Ashland has changed over the years since its establishment.
The proposed Resolution would make the Parks and Recreation Department responsible for
facilitation of all senior programs and activities for the City of Ashland.
The Parks and Recreation Department will have the authority to create an advisory committee for
the senior program, if necessary.
Background:
During the annual appointment process it was found that the practice set by Resolutions 81-20, as
amended by 81-63 and 89-14 which established this program and created an organizational
structure was no longer appropriate.
Council Options:
Approve or disapprove Resolution.
Staff Recommendation:
Approve Resolution to reflect current practices.
Potential Motions:
Motion to approve Resolution repealing Resolution Nos. 81-20,81-63,89-14 and appointing
Park Commission to facilitate Senior Program.
Motion to deny Resolution repealing Resolution Nos. 81-20, 81-63, 89-14 and appointing Park
Commission to facilitate Senior Program.
Attachments:
Resolutions 81-20, 81-63 and 89-14
r~'
RESOLUTION NO.
A RESOLUTION REPEALING RESOLUTION NOS. 81-20,81-63,89-14 AND
APPOINTING PARK COMMISSION TO FACILITATE SENIOR PROGRAM
Whereas, the Senior Program of the City of Ashland has changed over the years since its
establishment; and
Whereas, the original Resolutions 81-20, as amended by 81-63 and 89-14 establishing the
program and creating an organizational structure are no longer appropriate.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF ASHLAND:
SECTION 1. That resolutions 81-20, 81-63 and 89-14 are repealed.
SECTION 2. The Parks and Recreation Department shall hereafter be responsible for
facilitation of all senior programs and activities for the City of Ashland.
SECTION 3. Parks and Recreation will have the authority to create an advisory
committee for the senior program, if necessary.
SECTION 4. This resolution shall become effective upon the signing ofthe Mayor.
The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the
City Council on the day of , 2007.
Barbara Christensen
City Recorder
Signed and Approved this
day of
,2007
John W.Morrison
Mayor
~-,
. ~')
/
./
f/~(
RESOLUTION NO. 81-~ C>
A RESOLUTION ESTABLISHING A SENIOR PROGRAM
BOARD AND DEPARrMENT OF SENIOR PROGRAMS AND
REPEALING RESOLUTION NO. 73-28.
WHEREAS. the Senior Program of the City of Ashland has changed
over the years since its establishment; and
WHEREAS, the original Resolution 73-28 establishing the program
created an organizational structure and program descrip-
tion which is no longer appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF ASHLAND:
SECTION 1. That Resolution 73-28 is repealed.
SECTION 2. That a seven member Senior Program Board be
appointed by the Mayor, with confirmation by the City Council, to
make general policies for the conduct of City programs servicing
Ashland's senior citizens. Two members of the Board shall be
City Council members. Board members will be appointed for three
year terms. The Board shall elect officers and meet in accordance
. with written rules adopted by the Board.
SECTION 3. A Department of Senior Programs is hereby estab-
lished. Administrative supervision of the Department will be by
a Senior Program Director/Advocate who shall be appointed by the
Mayor and confirmed by the Council, upon recommendation of the
City Administrator. The Director/Advocate shall be responsible to
the Senior Board concerning program policy questions and to the
City Administrator concerning administrative questions.
SECTION 4. The Department will be responsible for administer-
ing the City's Utility Discount and Taxi Subsidy programs for
seniors, senior information and referral, outreach, transportation
and other programs primarily for senior citizens.
The foregoing Resolution was READ and DULY ADOPTED at a regular
meet!y~ of the City Council of the City of Ashland on the /,~6l.day
of ~I ,1981.
.~.~
an . an 11.n
City Recorder
SIGNED and APPROVED this If day of ~?;~ . 1981.
~2?L~~
. or on e ar1.S .
~ayor
~
RESOLUTION NO. 81 - ~3
. A RESOLUTION A}1ENDING RESOLUTION NO. 81-20,
EXPANDING THE SENIOR PROGRAM BOARD TO EIGHT
MEMBERS.
BE IS RESOLVED by the Mayor and City Council of the City
of Ashland as follows:
SECTION 1. Resolution No. 81-20 shall be amended by changing
the first sentence of Section 2 thereof to read as follows:
"That an eight (8) member Senior Program
Board be appointed by the Mayor. with con-
firmation by the City Council. to make general
policies for the conduct of City programs
servicing Ashland's Senior Citizens.1I
The foreBoing Resolution was READ and DULY ADOPTED ata
regular meeting of t~ City Council of the City of Ashland
on theq?tl ~day of ~~ , 1981.
~~ ~ :;;C/~~
Nan E. Fran in
City Recorder
SIGNED and APPROVED this ~.::I d'ay of (j)11~ , 1981.
~ .
, . .'~~L~
L. or on Me ar~s
,
'"
~
RESOLUTION NO. 89-/~
A RESOLUTION AMENDING RESOLUTION NO. 81-20 WITH
RESPECT TO THE MEMBERSHIP OF THE SENIOR PROGRAM
BOARD.
BE IT RESOLVED by the Mayor and city Council of the City of
Ashland as follows:
SECTION 1. Resolution No. 81-20 as amended by Resolution 81-63,
is hereby amended by changing the second sentence thereof to read
as follows:
"One (1) member of the Board shall be a city
Council member.1I
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the city of Ashland on thl~
-,'
, ,....
day of
, '
, , ,
, , L--<... '
, 1989.
~,/
// I ). /.
/' - !.-{._," G.
Nan E. Frariklin
City Recorder
'- /"'-<-. , -
SIGNED and APPROVED this
(,
day of
/);'.-,
/. I
, 1989.
~~~~~
catherine M. Golden
Mayor
CITY OF
ASHLAND
Council Communication
A Resolution Updating the Forest lands Commission Membership,
Quorum, Powers and Duties and Repealing Resolution 2005-31
Meeting Date: April 17, 2007
Department: Fire & Rescue
Contributing Departments: L
Approval: Martha Benne
Primary Staff Contact: Keith E. Woodley
E-mail: woodleyk@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time: 10 Minutes
Statement: A resolution updating the Forest Lands Commission membership, Quorum, Powers and duties and
repealing Resolution 2005-31.
Background: The Ashland Forest Lands Commission was created by Resolution No. 93-06, which set forth
commission membership, quorum, powers and duties. In 1996 Resolution No. 96-21 was approved by the City
Council, which amended the number of voting members from nine to seven and a quorum from five to four.
Resolution 2005-31 was approved in 2005 which further updated the Forest Lands Commission by removing the
requirement that at least one member of the commission be an owner of forest land. The title of "Forest
Management Plan" was also amended to read "Ashland Forest Plan", and it was also established that a
commissioner would be deemed no longer active if they were absent for four or more meetings in a one-year
period without notice. The Ashland Forest Lands Commission, as one of its stated three-year goals in 2005, has
completed a review of Resolution No. 2005-31 and has provided proposed amendments for City Council
consideration. Specific revisions proposed include a general update of resolution language, as well as the addition
of a statement of purpose, substitution of "may" for "shall" regarding inclusion of certain non-voting ex-officio
members as members of the commission. Representatives of these other agencies, with the exception of the Fire
Chief and a representative from the Public Works Department, do not attend commission meetings unless they
have been invited to make presentations regarding issues the commission is currently addressing. A statement
has been added in the powers and duties section that references the development of forest ecosystem
management plans and related activities, in which the commission has been heavily involved over the past few
years. Approval of the proposed amendments will keep the resolution up to date with the current and future forest
management activities on City-owned forest lands.
Related City Policies: Resolution No. 2005-31
Council Options: Approve, disapprove and/or direct staff to modify resolution language.
Staff Recommendation: Staff recommends approval of proposed amendments to resolution.
Potential Motions: Motion to approve, disapprove and/or revise proposed Resolution.
Attachments: Proposed resolution updating the Forest Lands Commission membership, quorum, powers and duties
and repealing Resolution 2005-31.
~~,
RESOLUTION NO. 2007-
A RESOLUTION UPDATING THE FOREST LANDS COMMISSION MEMBERSHIP,
QUORUM, POWERS AND DUTIES AND REPEALING RESOLUTION 2005-31
RECITALS
A. Resolution No. 2005-31, a resolution updating the Forest Lands Commission, was
approved July 20,2005.
B. It is desirable to remove the requirement that no less than one owner of forest
management lands be a member of the Forest Lands Commission.
C. It is desirable to replace the term "Forest Management Plan" with the correct title of
"Ashland Forest Plan."
D. It is desirable to consider a commissioner no longer active and the position vacant if said
commissioner was absent for four or more meetings in a one-year period without notice.
E. No other changes are desirable at this time and the powers, duties and responsibilities of
the Commission should remain the same.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Purpose. The Forest Lands Commission has as its primary purpose the protection
and enhancement of conditions of late-successional and old-growth forest ecosystems on city-
owned forest lands to provide high quality water for domestic supply.
SECTION 2. Established - Membership. The established Forest Lands Commission shall consist
of seven voting members including a representative of the Ashland Parks Commission. The
Commission may also consist of certain non-voting ex-officio members, including a
representative of the USDA Forest Service Ashland Ranger District, a representative of the
Oregon Department of Forestry, a member of the City Council, a representative from the Tree
Commission, the Director of Public Works, Director of Planning, Fire Chief, Police Chief, Parks
and Recreation Director or their designees. Voting members shall be appointed by the Mayor
with confirmation by the City Council.
SECTION 3. Terms - Vacancies. The term of voting members shall be for three years, expiring
on April 30 of each year. Members now on the Commission shall serve their remaining terms.
Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council
for the unexpired position of the term. Any Commissioner who is absent from four or more
meetings without notice in a one-year period shall be considered no longer active and the
position vacant, and a new person shall be appointed to fill the vacancy.
SECTION 4 Quorum - Rules and Meetings. Four voting members of the Commission shall
constitute a quorum. If a quorum is present, the affirmative vote of a majority of Commissioners
Page 1 0 f 3 - C:\DOCUME-I \shipletd\LOC ALS-I \ Temp\2007 Charter Revision Resolution Draft.doc
present at the meeting and entitled to vote shall be sufficient to conduct business. The
Commission may make rules and regulations for its meetings and procedures consistent with
City Ordinances, and shall meet at least once every month. At its first meeting in May, the
Commission shall elect a chair and vice-chair. The Director of Public Works, or a designee, shall
serve as secretary.
SECTION 5. Powers and Duties - Generally. The powers, duties and responsibilities of the
Forest Lands Commission shall be as follows:
A. To implement the Ashland Forest Plan developed and adopted by the City of Ashland
in June, 1992.
B. To provide integrated, interdisciplinary direction and oversight for the development
of forest ecosystem management plans and related activities in the Ashland
watershed.
C. To develop a strong community volunteer program to assist in the implementation of
the Ashland Forest Plan.
D. To submit recommendations to the City Council regarding forest management.
E. To ensure that plans integrate the forest management needs and concerns of the City
and of private land owners in the wildland urban interface.
F. To promote public knowledge and acceptance of the Ashland Forest Plan programs.
SECTION 6. Reports. The Commission shall submit copies of its minutes to the City Council
and shall prepare and submit such reports as from time to time may be requested of them by the
City Council.
SECTION 7. Compensation. Voting members of the Commission shall receive no compensation
for services rendered.
SECTION 8. Resolution No. 96-21Repealed. Resolution 96-21 "A Resolution Updating the
Forest Lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution
93-06" is repealed.
SECTION 9. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland Municipal Code S 2.04.090
and duly PASSED and ADOPTED this day of ,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John W. Morrison, Mayor
Page 2 of 3 - C:\DOCUME-l \shipletd\LOCALS-l \Temp\2007 Charter Revision Resolution Draft.doc
Reviewed as to form:
Michael W. Frauell, City Attorney
Page 3 of 3 - C:\DOCUME-l\shipletd\LOCALS-l\Temp\2007 Charter Revision Resolution Draft.doc
RESOLUTION NO. 2005- 31
A RESOLUTION UPDATING THE FOREST LANDS COMMISSION MEMBERSHIP,
QUORUM, POWERS AND DUTIES AND REPEALING RESOLUTION 96-21
RECITALS
A. Resolution No. 96-21, a resolution updating the Forest Lands Commission, was approved
May 8, 1996.
B. It is desirable to remove the requirement that no less than one owner of forest
management lands be a member of the Forest Lands Commission.
C. It is desirable to replace the term "Forest Management Plan" with the correct title of
"Ashland Forest Plan."
D. It is desirable to consider a commissioner no longer active and the position vacant if said
commissioner was absent for four or more meetings in a one-year period without notice.
E. No other changes are desirable at this time and the powers, duties and responsibilities of
the Commission should remain the same.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Established - Membership. The established Forest Lands Commission shall consist
of seven voting members including a representative of the Ashland Parks Commission. The
C9mmission shall also consist of certain non-voting ex-officio members, including a
representative of the USDA Forest Service Ashland Ranger District, a representative of the
Oregon Department of Forestry, , a representative from the Tree Commission, the Director of
Public Works, Director of Planning, Fire Chief, Police Chief, Parks and Recreation Director or
their designees. A member of the City Council shall serve as a non-voting liaison. Voting
members shall be appointed by the Mayor with confirmation by the City Council.
SECTION 2. Terms - Vacancies. The term of voting members shall be for three years, expiring
on April 30 of each year. Members now on the Commission shall serve their remaining terms.
Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council
for the unexpired period of the term. Any Commissioner who is absent from four or more
meetings without notice in a one-year period shall be considered no longer active and the
position vacant, and a new person shall be appointed to fill the vacancy.
SECTION 3 Quorum - Rules and Meetings. Four voting members of the Commission shall
constitute a quorum. If a quorum is present, the affirmative vote of a majority of Commissioners
present at the meeting and entitled to vote shall be sufficient to conduct business. The
Commission may make rules and regulations for its meetings and procedures consistent with
City Ordinances, and shall meet at least once every month. At its first meeting in May, the
Page 1 of 3 - C:\DOCUME-l\christeb\LOCALS-l\Temp\AFLC Draft Resolution Final_2.doc
,- I
Commission shall elect a chair and vice-chair. The Director of Public Works, or a d{:signee, shall
serve as secretary.
SECTION 4. Powers and Duties - Generally. The powers, duties and responsibiliti{:s of the
Forest Lands Commission shall be as follows:
A. To implement the Ashland Forest Plan developed and adopted by the City of Ashland
in June, 1992.
B. To provide integrated, interdisciplinary direction and oversight to planning teams
preparing the following plans:
1. A Fire Management Plan for the wildfire lands including lands within the City
limits.
2. A Recreation Plan for the wildfire lands, including some Rogue River
National Forest Lands, that utilizes the recreational potential in ways which
are consistent with fire management and other resource goals.
3. An Ecosystem Management Plan for the Ashland watershed.
C. To develop a strong community volunteer program to assist in the implementation of
the Ashland Forest Plan.
D. To submit recommendations to the City Council regarding forest management
practices.
E. To ensure that plans integrate the forest management needs and concerns of the City
and of private land owners in the wildfire lands.
F. To promote public knowledge and acceptance ofthe Ashland Forest Plan programs.
SECTIONS. Reports. The Commission shall submit copies of its minutes to the City Council
and shall prepare and submit such reports as from time to time may be requested of them by the
City Council.
SECTION6. Compensation. Voting members of the Commission shall receive no compensation
for services rendered.
SECTION 7. Resolution No. 96-21Repealed. Resolution 96-21 "A Resolution Updating the
Forest Lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution
93-06" is repealed.
SECTION 8. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with AShlan~ciPal Code ~ 2.04.090
and d PASSED and ADOPTED this c/o day of ,2005.
~
SIGNED and APPROVED this
c?~ day of
~ ,2005.
Page 2 of 3 - C:\DOCUME-I\christeb\LOCALS-I\Temp\AFLC Draft Resolution FinalJdoc
Page 3 of3
~~ o..c..\:::s: ~
Kate Jackson, Council Chair
CITY OF
ASHLAND
Council Communication
Information on the City Website Relating to the Charter Ballot Measures
Meeting Date: April 17, 2007 Primary Staff Contact: Martha Bennett, bennettm@ashland.or.us
Department: Administration Ann Seltzer, ann@ashland.or.us
Contributing Departments: Legal Secondary Staff Contact: Paul Nolte, under contract
Approval: Martha Benn law@ashlandhome.net
Estimated Time: 10 minute
Statement:
Councilor Hartzell has requested that Council discuss the document posted by staff titled "Frequently
Asked Questions" related to the City Charter ballot measures. A copy of her email request is attached.
Errors pointed out in this email have been corrected.
Staff Recommendation:
Staff recommends that Council take no action.
Background:
Staff began receiving telephone calls from the public about the two proposed ballot measures
amending the City Charter immediately after the measures were initially placed on the ballot at the
Council's February 20 meeting. Those questions accelerated after the Council's second discussion on
March 6 and after a flyer with several statements on it was circulated in the community. We
developed the frequently asked question in an attempt to provide factual information that would be the
same for anyone who contacted us. Weare then able to direct anyone - no matter their position on the
Charter - to the same information.
Staffs goal is to have the information be neutral and accurate because City is prohibited from using
any resources, including staff time, to advocate in opposition or in favor of any matter on the ballot.
We contracted with Paul Nolte, who now provides contractual services to the League of Oregon Cities,
to revise the initial drafts to ensure it meets the requirements of Oregon law.
We have corrected the information as errors were pointed out to us. We received citizen and Councilor
concerns about some of the material. One complaint was that the wrong version of the City Manager
amendment had been posted. This complaint was correct, and we placed the correct version on the
City web site on the same day. One complaint was that the "F AQ" said that the water language was
"verbatim." There was indeed a minor difference between the two versions, and so we removed the
word "verbatim" to eliminate confusion.
Others have stated that they feel that the statements are "opinion." Staff disagrees. The answers are
straightforward and provide the facts as they relate specifically to the existing and proposed charters.
Staff made every attempt not to "debate" issues, but rather to provide relevant references to the
proposed charter, the existing charter and to state law.
Council can opt to direct staff to remove these materials if so desired. Staff is concerned that the City
would then be providing no information about a measure that the Council has placed on the ballot.
~A'
If a citizen disagrees with the City's actions in this matter, they have a right to complain to the
Elections Office of the Secretary of State's office.
Related City Policies:
None.
Council Options
Council can take no action as staff recommends
Council can direct staff to remove the material from the City website.
rj.l
Martha Bennett - Re: Major Problems With Ashland's Ballot Measures
Page 2
From: "Cate Hartzell" <cate@mind.net>
To: "'Mike Franell'" <franellm@ashland.or.us>, <council@ashland.or.us>
Date: Mon, 9 Apr 2007 00:00:32 -0700
CC: '''Barbara Christensen'" <barbarac@ashland.or.us>
Subject: Re: [CommenUo_the_council] Charter FAQs
Greetings, all.
I confess to being a bit confused about whom to address this to. Mr. Franell has a limited set of tasks he is
working on and I don't think the charter is on it, I heard that the City hired Mr. Nolte to craft the Charter
FAQs, and the Council and Mayor oversee the Legal Dept.
I guess since the City Recorder is our clerk, I will ask her to steward a
response to my questions. Martha, there is a request for an agenda item
lower in this email.
I am concerned about questions raised by citizens recently about the city's website section on the charter
(3/29,8:20 PM and 4/7, 12:55 AM) and would like to make two requests:
1. I would ask Martha to pull the F AQs and certain documents listed with
them from the website, until the following questions are answered:
a. In "Current Charter with City Manager Amendment," Article 13,
Section 4(i) still has the wording that was changed by the Council a month
or so ago (prohibiting 'coercion' of the City Manager 'in administrative
decisions' and giving four Councilors the ability to remove the remaining
Councilor(s) for violating this prohibition).
????? I'd like confirmation from the City Recorder that this language is
NOT what the County has for voting purposes and ask that the City not post this document until it is
accurate.
b. The posted City Manager Amendment reads, "the 2007 Ashland City
Charter is amended by changing sections 8. and 31. and adding a new section 35. to read as follows:"
???? I assume this was changed by the judge, and my question is whether this language about the "2007
charter" will take affect in either the existing or draft revised charter, depending on the outcome of the May
vote?
c. The second "Answer" in the "Charter FAQ" claiming the current
prohibition restricting water sale is repeated in the proposed charter
"verbatum." That appears not to be the case. I think it's important to have
that "Answer" reflect the differences. That would include the significance
of omitting the section about other utilities from the draft revised
charter.
2. I would ask Martha to put this matter on the April 17th Council agenda
unless we receive a response to these issues by next Wednesday. It is my hope that it doesn't need to be
placed on the agenda. I assume that staff is interested in resolving these kinds of issues when they come
up, and letting us know about it.
Thank you for your assistance.
Cate Hartzell
-----Original Message-----
From: com ment_ to_the _ council-bounces@list.ashland.or.us
! Martha Bennett - Re: Majo-r Problems With Ashland's Ballot Measures
Page 3
[mailto:comment_to_the_council-bounces@listashland.or.us] On Behalf Of Pam Vavra
Sent Saturday, April 07,2007 12:55 AM
To: comment_to _the _ council@listashland.or.us
Cc: ashland-community-action@lists.riseup.net
Subject [CommenUo_the_council] Charter FAQs
Dear Councilors,
Upon reading the FAQs re the Charter-related ballot measures, as posted on the city website, and having
observed the enormous amount of discussion that took place in Council meetings about proposed
changes to the water language, I find myself in a state of disbelief!
The second "Answer" in the "Charter FAQ" invites readers to compare Article 16, Section 1 of the current
charter with Section 43 of the proposed
charter, claiming the current prohibition restricting water sale is repeated
in the proposed charter "verbatum."
Now, perhaps it depends on what the meaning of the word, verbatum, is; but, the two sections are
obviously quite different, both in words and in
meaning. Below please find the two citations and the "Answer" from the FAQs for your inspection.
The claim in the FAQ, made particularly convincing by citing the sections
for comparison, might well be accepted as True by voters, most of whom are too busy to actually locate
and compare the two sections.
Voters need and expect truth and accuracy in City government-provided
information on ballot measures.
While the uninitiated reader of this message might think the erroneous
information is a simple matter of human error, Council Minutes over many
months contain numerous references to discussion of changes to the water language. Anyone who is
familiar with the charter review work that has transpired is forced to conclude that this must be a clear and
intentional attempt to mislead voters.
I ask that you direct Staff to correct or remove from the City website,
voter information that is demonstrably (and arguably knowingly) false, in a
timely manner, before too many voters are misled by it
I bring this to your attention as an inhabitant of the City of Ashland who
resides within the City limits, concerned about voter access to accurate
information about ballot issues.
Thank you for your prompt attention to this very serious matter.
Yours,
Pam Vavra
457 C St
[Excerpt from
http://ashland.or.us/Files/F AQ%20Proposed %20City%20Charter. pdt]
The prohibition in the current charter restricting the sale of water (Article 16, Section 1) is repeated
verbatim in the revised charter (Section 43). The revised charter neither removes voter powers nor grants
City new powers regarding selling water to corporations.
[Excerpt from http://ashland.or.us/Files/Current%20City%20Charter. pdt]
Martha Bennett - Re: Major Problems With Ashland's Ballot Measures
Page 4
ARTICLE 16 Miscellaneous Provisions
Section 1. Public Utilities - Water Works The City of Ashland, a municipal
corporation, shall have the power to provide the residents of said City with
such services as water, sewer, electric power, public transportation and
such other public utilities as the people desire by majority vote; and to
exact and collect compensation from the users of such public utility;
provided, however, that 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.
[from http://ashland.or.us/Files/F AQ%20Proposed%20C ity%20Charter. pdt]
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 residents 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 residents of said City with water.
Comment_to_the_council mailing list
Comment_to _ the_ council@list.ashland.or.us
http://Iist.ash land. or. us/mailman/listinfo/comment_ to_the _ cou ncil
Finding fabulous fares is fun.
Let Yahoo! FareChase search your favorite travel sites to find flight and hotel bargains.
cc:
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Ashland City Charter
FAQ
Question
I've read printed materials that claim the proposed charter is based on a corporate-owned
"model charter" written by a Portland attorney.
Answer
The model charter is published and owned by the League or Oregon Cities and is a public
document available to all citizens. The League is not a corporation, it is an
intergovernmental entity formed by agreement with virtually every city in Oregon. It was
first formed over 80 years ago. Its mission: "To strengthen livable communities:' This
model charter, published in 2004, is the latest in a continuing series of model charteTs
dating from 1947.
Portland attorney - Tom Sponsler, the author of this latest model charter, is the leading
authority and scholar in Oregon on charters. He has an extensive and impressive
background in representing state and local governments and was hired by the League of
Oregon Cities to update the previous model charter published in 1988.
Question
I've read the proposed charter "empowers the City to sell or lease Lithia Park, in whole
or in part removing the current charters parkland protection".
Answer
State law prohibits this from occurring and if the proposed charter is adopted will provide
the same protection. ORS 271.31 O( I) provides that real property by a city may be sold if
it is not needed for public use or whenever the public interest may be furthered and ORS
271.310(3) provides that unless the governing body determines under
subsection (I) that the public interest may be furthered, "real property needed for public
use. . . shall not be sold, exchanged, leased or conveyed. . . except that it may be
exchanged for property which is of equal or superior useful value for public use.")
Question
I've read the proposed charter "empowers the City to sell water to corporations without
quantity limits for the purpose of reselling Ashland's water as bottled water (or many
purposes. "
Answer
The prohibition in the current charter restricting the sale of water (Article 16, Section I)
is repeated in the revised charter (Section 43). The revised charter neither removes voter
powers nor grants City new powers regarding selling water to corporations.
Question
I've read the proposed city charter "removes the rights of property owners to suspend an
LID (bcal improvement district) with a 2/3 neighborhood objection vote. An LlD puts
liens on neighborhood homes to pay for speed bumps, sidewalks, and street or alley
pavIng.
Answer
The revised charter does remove Article 11, Section 2 from the existing city charter,
which allowed a suspension -- not a prevention -- of a project for six months upon a 2/3
neighborhood vote. The existing charter never prevented the City from putting liens on
homes for neighborhood projects. Current city ordinances (AMC Ch. 13-20 and state law
ORS Ch. 223) provide for hearings prior to projects being approved and prior to liens
being placed on properties. Such protections will not change under the revised charter.
Question
I've read the proposed city charter "allows council to set its own salary and fringe
benefits (currently requires taxpayer vote)."
Answer
The current charter in Article 3, Section 3, requires salary adjustment for the mayor and
council to be submitted to a vote of the people. The mayor currently receives $500 per
year and council members currently receive $350 per year. These amounts were set
decades ago and have remained the same since then.
The revised charter would permit in Section 37 the council to "authorize by ordinance
compensation for the mayor and councilors. Any such ordinance may not take effect
before January I of the year after a council election."
Question
I've read the proposed charter "allows council to lower salary and benefits for Judge and
Recorder after unfavorable decisions'".
Answer
The revised charter in Section 37 requires the council to authorize compensation for the
City Recorder and the Municipal Judge "as part of its approval of the annual city budget."
The proposed charter makes no mention that the salaries will be set based on unfavorable
decisions.
Question
I've read that the proposed charter allows the council to redefine the Police Chief role
currently limited to 'conservator of the peace'.'"
Answer
The current charter in Article 14, Section 1, states the police chief will be the
"conservator of the peace" and grants the chief such authority as the council allows. The
authority of the chief and the definition of the chiefs role has been set forth in Ashland
Municipal Code Chapter 2.28 for decades. The role of the chief as a law enforcement
officer is comprehensively provided for in state statutes. The revised charter removes
mentrm of the police chief. The current state statutes and the city code adequately define
the chiefs role and duties.
Question
rve read that tlr proposed city charter "dramatically expands the city's 'general powers'
with the new phrase 'all powers possible.... under state and federal law.
Answer
The proposed charter simplifies but does not expand the "all powers" provisions of the
current charter. The current charter in Article 2. Section I, states that the City "shall have
all powers which the constitutions, statutes. and common law of the United States and of
this State expressly or impliedly grant or allow municipalities, as fully as though this
Charter specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all powers
hereinafter specifically granted. All the authority thereof shall have perpetual
successio n."
The proposed charter simplifies the "all powers" language: "The city has all power~ 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."
In addition, the current charter provides in Article 2, Section 2: Construction of tht::
Charter: In this charter, the mention of a particular power shall not be construed to be
exclusive or to restrict the scope of the powers which the City would have if the
particular power were not mentioned. The Charter shall be liberally construed to the end
that the City shall have all powers necessary or convenient for the conduct of its
municipal affairs, including all pO\\ers that cities may assume pursuant to State laws and
to the municipal Home Rule provisions of the State Constitution."
The proposed charter in Section 5 simplifies this language by stating: 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."
Question
rve read that the proposed charter "reduces funding for the City Band and Parks".
Answer
The proposed charter does not reduce funding for the City Band or Parks. The proposed
charter removes from the current charter language relating to the amount of property
taxes which can be levied for the Band or Parks. These charter provisions were
invalidated by the 1997 amendments to the Oregon Constitution known as Measures 47
and 50. The Oregon Constitution takes precedent over the city charter.
Question
I've read that the proposed charter gives "unilateral authority to the city administrator
(renamed city manager) to hire and fire 8 key departm:nt heads".
There are two measures on the ballot: the first is the proposed city charter, the second is
the change is the form of government from a mayor/council to a council/manager.
Article 4 Section 2 Powers and Duties of the Mayor in the current dnrter states: "The
Mayor is the executive officer of the municipal corporation and shall authorize careful
supervision over the general affairs of the City and over appointive officers. He/she shall
sign all orders and warrants on the Treasury for claims authorized by the Council."
Further, Article 8 Section 7 Mayor's Function at Council Meetings in the current charter
states: "The Mayor shall preside over the deliberations of the Council. He/she shall have
authority to preserve order. enforce the rules of the Council, and determine the order of
business under the rules of the Council.
If the first measure, the proposed city charter is approved by voters, the Mayors duties are
stated in Chapter 2 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 legislation and administrative decisions
(c) With the Consent of the Council, the Mayor appoints members of the
commissions and committees established by ordinance and resolution.
(d) The Mayor must sign all records of council decisions.
(e) The Mayor serves as the political head and chief execttive officer of the City
government.
(f) The Mayor must:
(I) 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.
If voters also approve the second measure changing the form of government the proposed
city charter Chapter 2 Section 8 Mayor remains the same as above without item (f) and
Chapter 9 Section 35 City Manager states:
(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 City Manager. The
appointment must be made without regard to political considerations and solely
based on education and experience with local government management.
(c) The City 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 Counci I must fill the
office by appointment as soon as practicable after the vacancy occurs.
(d) The City 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; and
(11) Delegate duties, but remain responsible for acts of all subordinates.
(e) The City Manager has no authority over the Mayor or Councilor over the judicial
functions of the Municipal Judge.
(f) The City Manager and other employees designated by the Council may sit at
Council meetings but have no vote. The City Manager may take part in all
Council decisions.
(g) When the City 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 City Manger, except that a Pro
Tern Manager may appoint or remove employees only with the Council approval.
(h) Neither the Mayor not a Council may attempt directly or indirectly to coerce the
City Manager or a candidate for the office of manager in the appointment or
removal of any city employees.
If voter approve the second measure but not the first the above Ciy Manager language
will be stated in the current City Charter.
DOCUMENTS SUBMITTED AT THE
APRIL 17,2007
CITY COUNCIL MEETING
....~
'f:~'~:~j~st
April 17, 2007
To: City Council
Planning Dept
Re.: Planning File 2006-01696 (Condominium Conversion)
The proposed condominium conversion ordinance is meaningless and
useless. The reasons are as follows:
1) Allowing condominium conversions effectively violated the City
of Ashland's stated housing goals re: affordable housing.
2) In 1979, Ordinance 2035 was adopted that allowed condominium conversion in R-2
and R-3 zones subject to: a demonstration of public need and
lack of detrimental effec~on the supply of rental units...."
It was adopted with a finding of emergency.
THERE IS NO REASON WHY THIS IDENTICAL AND EFFECTIVE CONDOllINIU11
CONTROL ORDINANCE SHOULD NOT BE READOPTED.
3) The proposed ordinance w~ll do nothing to slow or stop condominium
conversions. In fact passage of this ordinance will make it clear
that City policy is favorable to conversions with only a few and
effectively insignificant requirements.
a) Right to continued occupancy - this may slow the ultimate conversion,
it does not prevent or deter it.
b) The "first right to purchase" is meaningless in the face of ~
who the renters usually are and their financial circumstances.
They usually lack both the down payment, and the credit to secure
financing.
The way condominiumization works mitigates against current tenant
purchase. Condominiumization is the quickest way for developers to
reap a profit. It is cheaper to buy older, perhaps run-dmvn
buildings than to build new ones. Purchase, "improvement"
and hefty profits mean that such units will not be affordable as
either rentals or for purchase.
c) The "relocation benefits are insigificant costs to the developer
when compared to the profits to be made.
4) The requirement that 50% of the units be retained at market rate:
a) has no inspection, enforcement or other guarantees.
b) many of the units are currently rented at less than "market rates".
Condominium Conversion Ordinance - 4/17/07 - p. 2
5) Planning Dept. staff is already misleading the public about how such
conversions \vill "benefit affordable housing". For example, the
30 unit Park St. conversion (currently under litigation) is listed
in a recent edition of the D~ as adding 6 affordable units. The fact
is that 30 units of affordable housing will be lost - or at least
24 if 6 are somehow enforceably retained as "affordable".
6) The most preposterous claim of all is that families will now be able
to afford homes. In a 3/27/07 editorial entitled "Condo switcheroo
shows changing housing trends", the editor opinined that "efforts
to block condo conversion to apartments (sic), may actually block
the development of affordable housing (~nderlining added)
Ho\v is this preposterous claim supported? "One resident of such an
apart~ent may buy it for less than $100,000, thus converting a
young Ashland family from renter to owner".! How many "young Ashland
families have the $100,000 "or less" (ho\-.T much "less" given that
20% down is the norm and the condos are going for $250.000 and up?)
Our "young Ashland families have neither the cash down, the income,
or the credit to either come up with UD to $100,000 down, or carry
the payments.
PHIL IF c. 't'Ai'lG
Affordable housing provider since 1985.
FROM :LITHIA REALTY
FAX NO. :5414882297
Dec. 05 2005 04:30PM P2
December 5, 2006
Ash] and City Council
Ashland, Oregon 97520
Dear Council Melnbers,
I am sorry that I cannot attend tonights meeting, but I would
like to urge you to give further study to the Proposed Ashland
Condo Conversion Ordinance for the following reasons:
1. Demonstrated Need
While the Statewide Planning Goals and ORS 197.307 certainly
recognize the need for jurisdictions to provide affordable housing,
the City of Ashland has not demonstrated that there is an unmet
need for affordable housing or that that need cannot or will not be
satisfied in other ways. Unless there is additional documentation
supporting this ordinance amendment, The City has failed to
establish that there are a sufficient number of renters being
displaced and not finding alternative arrangements to warrant what
amounts to a moratorium on condo conversions. Providers of low
cost housing, including local cOlnmunityland trusts, serve the
needs of those with lower, mjddle and fixed incomes by providing
affordable housing options driven by market demand. Assuming
the Ashland Comprehensive Plan does not reflect a shortage of
affordable housing, unless and until it is also modified, artificially
regulating the balance of housing is inconsistent with the Plan.
2. Measure 37
Measure 37 prohibits local jurisdictions from enacting land use
regulations that restrict the use of private real property and result in
a reduction of value of that property. If this ordinance were to pass,
any person who owned rental units capable of being converted to
condominiums prior to the effective date of the ordinance would
likely have a valid Measure 37 claim. It appears the City is aware
FROM :LITHIA REALTY
FAX NO. :5414882297
Dec. 05 2006 04:31PM P3
of this possibility and is thus trying to formulate this revision as
enacted for the purpose of "fire,life and safety" in an effort to take
advantage of the exception in Measure 37 for regulations that
protect public health and safety. Although the inspection portion of
the ordinance could arguably be for purposes of health and safety
the affordable housing mandate has nothing to do with public
health and safety, and would thus not be exempted from the relief
granted by Measure 37.
3 Extended Notice Period
The Resolution requires a one year notice of conversion prior to
terminating the lease or rental agreement. This notice period is
considerbly longer than the 120 days required by ORS 100.305. I
believe this conflict creates a basis for contesting the Resolution.
4.Automatic Extension
The Resolution provides that the term of the tenancy shall
automatically extend to coincide with the expiration of the notice
period. Therefore, if a tenant was in the last month of their lease
when they received notice of the conversion, theoretically the tenn
of the lease could be extended nearly another full year. I can't
imagine this would survive a legal challenge. This has to be some
kind of interference with existing contractual relations or business
interest that would not survive the scrutiny of the courts. Again,
additional research is needed on this Ordinance.
5. Tenants Right to Terminate
The Resolution also provides that upon notice of the conversion
the tenant may terminate any Lease or Rental Agreement without
penalty or termination charge so long as the tenant provides 30
days notice. Similar to the automatic extension above. this
provision is likely to be deemed an interference with existing
FROM :LITHIA REALTY
FAX NO. :5414882297
Dec. 05 2006 04:31PM P4
contractual relations if a current lease between a landlord and
tenant provides for a longer notice period.
6. Right to Purchase Provision
The Resolution provides a 90 day fITst right of purchase option
whereas ORS 100.310 provides a 60 day notice. Similar to the
extended notice period in Section 3 above, the degree to which this
conflict creates a basis for much more study being done on this
whole Ordinance.
I urge you to not pass this until there is further clarification of the
potential conflicts ll1entioned above.
Thank you, J
'fP-r- (0w-1
Don Rist
260 Joy Drive
Talent, Oregon 97540
AMBUJA ROSEN S SPEECH IN PUBLIC FURUH. ~. lJ/vi
r.ve (nedltated for 25
long. It's not unusual
i ir\tuitively ~:r.\o~' .tt"\8
1 t :i 1...1.':3 t c om>::~ '5 .
Years. When YOU do an effectlve medItatIon that
to develoD lntuitlve abilities. More and more.
'T:u.tu.r~~. 1 don)t tr'\/ to c:u.J.tiva.t."" i.~r\i':;; a.blJit\/:;
I ~ve known intuitively
ordlnance will oaS5.
when It WIll pass, out
Tor _ lone time th~t Ashland
I don1t knol.'1 Nhat th~'? df~tall'5
1 knOI~1 I..'IE J.J. ['\r..l.\'€.'! ::;omei;hlno.
:~:; tE~ t h€~ f' i nel
o tit 1.'11. 11 b12.
CJ ['
So for those ot you In the aovernment seats 1gesture to councllorsJ
B.nd In the CCHHOl'..!.nlt\1 ".Iho af'E:c: ':ltill l'E?::;1.::;tlno th1.~,;, 1 :::;U..::IC\E:..t "fCll.). let
go, and 00 N1th the flaw. It'~ g01.ng to naooen anywavs, sa why was~e
t i iT\€~ r ".~:s :i.:; t i no "
'1€.:d.~hE:rln<:l 11mit';,; a.f'~=: a. n.3.tionl."1de r;rE~nd. ~~\':;hla.fld 1'::; onf,'~ (:)1' the") mo,,:;t
ol'ocln.?:::;.;:;i.vI2 t..1Vln';::; In the cO'..!.nti'y. bCl it"'.;:; only 10g1cal tn.s.t 1t :shol.....ld
be one oi the ilrst one hundred communitles to limit the tetherina of
animals at the1r homes.
UnE',' o'f tht:I;' most common ar'clu.ment.s aq-3.1fH-5t th~.:.~ or'clin-3.nce 1=:; "SomE'~ peDpl'ii:~
can1t afford a fence, or ~ant affo~d to move to a place that has a
'fE:~nc~:?" r=€:~nc\:'==:; C-3.n tJ'= bU.1lt vef",,.. cr\",~apiy'. Elu.t b€:-'!'~:>lc:IE"':S th.a.t. iO''::lk a.t
the people who have been the most outspoken in oopcsino the
or'dinance--.....the OnE!=-:; I.."ho a.tt"'=nd~~c} th,;:? .Jaril...I..:tY"'V ~:~nd he.a.r'inq Clr' oCJ':,tl:::~d on
the city Nebslte. Thel~ reasons have nothing to do wlth fences.
f:;i=:nE:~r'a].lv', theY'I"E! c"lthE~f' lndu.",tl"-' pE!Dple I,,'lho '::}Df'l t I.~l.ant ;3.ny'~hlng to
. to,:
1 n -i:;i,-:; \- r'u.p t bU.'5 1 n'::::~'";'5 .,1'5 <...1:51...1.-:1. i. . I.] r' t \"I'=!Y" r'>::~ fa 1 \- i \i \,'i=~ 11."''''1:; 'J'''''d Cl P ,:.:~op 1. ',-:; 1>1('10
could easily afford even an exoenS1ve fence. Some donJt even chaln
.:"n1.ma.l',,:; .
Why wouia people who don t even cha1n an anImal bother to attend a
heal'lng or post on the C1tV webs1.te to opp05e the chain1.ng law?
t i in.:? .
[j"-lol d
has a lot to do WIth these two charts I showed YOU last
up charts.] Remember this perspective that many oeoole
[Point to fil'st chart.J (hat human belnos are the center
and all the other soeCles ~evolve around them and only
I -=:~ u. ::; [J -;':i:~ c: 'i:; 1 t
.:;:;tlil ha.v'2?
oft 1'1>:-~ 1.>10 \- 1 d
eXIst tc) ber1ei:it then\?
fhl,,; '::;","c:ond pc'..";:;pec:tlve [point to .;:;ec:ond ch.:tf'tJ i=; '50m:~,:!thinCi SOC1Elt\/
is adopting more and mo~e: That we humans are paf't of the family of
specles. fhat we should not domlnate other species, but instead
respect their rIaht to enjoy thlS world iust as we do. Itts the1~
1..lorld, tCJO.
Uur tethering ordinance lS one small s~eo ln this direction.
Some peoole have a hard time movlng from th1s perspective [point to
first chart] to ~nIS one [point to second chaf'tJ. It1s threatenina to
them to move out of the oosition of top dog. You're always going to
get some reSIstance every time SOCIety gIves more pONer to the
underdog. Look at all the people who resisted the suffragettes. It
felt threatenina to gIve women ~he pONef' to vote.
And ~~en abolitionists fougn~ against slave~y, ~nlS Qot the hackles un
of many people who didn t want to give Blacks power.
Many people must have resisted the fi~st child protection laws. They
wanted children to remain lecal property, powerless against abuse.
IJm not saying everyone opposed to the tethering ordinance is
objecting on this basis [Point to the charts.] But I suspect a lot of
the objection is because of this.
Thank you.
flpi I J /1 dGCI _
p(.<r r , Cc:u~l(lil() rsJ ncy~p~ 'f~.,/t'cE: ell ief) eiTIj
f1&i)11 n I s trCL fo r; ciu' (l..t 11-J.. i4 Horne.ed :
lie,r.c cn'-= ! (~ll( 7 /11 cf"'- r~r!-{' as'kl^J 'J0Li
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h m\ C"1t (t i I't e! cc I)Ptt N' ^- .tlCj ~2 y} (7) ClAlJr u'rore tf(Q CUi1ftf)
-fe' VI 0 0- L7a I l" ,1 '
teh.( t1 '3~ ()~~kd~eV -to i1V! sh:eJ-icr) 3~'Pf
+tlc0, ~er -ff\.c<;[1 eyt<!/J do Vl~1 h i~1g, 11v:' sk\!i-cr
yci& ~(u~ ffi/fLk{ VYl9- r-c SCfrleane I DfJ-(' ,{telt: dCfJ,
. 17 \ a !,\,(! --to c t 1'1 H~ ? h.d"t c:F' ~-rt1J? d clj I V\
't (\.0, 'f,-(,t Il \ . ~CJ s no w_ S ,,( <;a U.J hIm Ql"\cd I1e cO
t ice j'-Q U f\. tl \ ii'Lt {'c.q'Vl i/{j n~ () t~, " . .
'pe \' i1L C. <; Cl ~E' ,c+ .a.~ I n1ClI s [t /:. E' ii, (s cn~
ri'ter') c 1U~s a --k'i1'\Q.n^-J {1m 1'1-, '^, r,' ." , '
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Dear Councilors and Mayor:
I'm conc:erned about the anim.als J.n Ashland I..,ho ar'e tied up .at their homes
for excessive periods. They suffer loneliness. frustr.ation and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting att.acked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please p~ss a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at thei r homes.
By doing this, you
~uisance. The~'re
also help people. Ch.ained
likely to bite eo~le
~
of ten a ba r'k i ng
r dogs are.
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness. frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, a~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives en short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animal9
at their homes.
~
..3--=J2__.____
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also help people. Chained
likely to bite eo~le
'"
often a bar-king
r dogs are.
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Dear Councilors and Mayor:
I'm concerned abcJut the animals in Ashland ~"ho ar'e tied up at their homes
for excessive periods. They suffer loneliness. frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, o~ dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
'J/ic; I ::r)omes. Lor;~l.-{ )~f1 PC<-/A /5on J @51Zt1-a?/5~~.~" CC/~
By doing this, you will also help people. Chained dogs are often a barking
nuisance. They're als more likely to bite eORle than oth r dogs are.
~.:v ~ . "'
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Dear Councilors and Mayor;
I'm concerned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness. frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
adults, getting attacked by animals, or dying of heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
By doing this, you
~_._.~qU~isance. They"re
.~~
also help people. Chained
likely to bite eORIe
....
rD
are often a barking
oth r dogs are.
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Dear Councilors and Mayor:
I'm concHT~ned about the animals in Ashland ,...,ho ar'e tied up at their hChn~~s
far excessive periods. They su:~er loneliness, frustration and boredom.
They also run the risk of stranq11ng to death, getting abused by kids or
.adults, getting attacked by ani,\1a.ls, ell' dying of heatstroke.
/
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a l~w to make this kind of animal abuse
illegal. Please heavily restric', the tethering of dogs and other animals
at thei r homes.
By doing this, you will also help: people. Chained dogs are often a barking
r1J~!,u.isance. They're al~Q more likely to bite eop.le tha.n oth r dogs are.
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They also run the risk of ~trangling to death. getting abused bv kids or
adults, getting attacked by animals, aT dying of heatstroke.
J~ckson County allows an1mals to be tied for their entire lives on short
cnalns. This is not a life that anyone in Ashland, including pets. should
have to endure. Please pass a law to make this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
a t i;hE~ i [' homes.
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland who are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kids or
.adults, getting attacked by animals, 0"" dying '::If heatstroke.
Jackson County allows animals to be tied for their entire lives on short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to make this kind of animal abuse
. illeqal. Ple,ase heavily restrict the tethering of dogs and othat'~an.imaIS
at their homes.
By doing this, you often a arking
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