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HomeMy WebLinkAbout2007-0904 Council Mtg Packet CITY OF ASHL,AND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and infoml you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 4, 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) and real property transaction pursuant to ORS 192.660(2)( e) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes) 1. Executive Session meeting minutes of August 21, 2007 2. Regular Council meeting minutes of August 21, 2007 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of CAFR Award VII. CONSENT AGENDA [5 minutes] 1. Minutes of Boards, Commissions, and Committees 2. Acceptance of Donated Property 3. Liquor License Application - Brother's Restaurant 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 S2.04.040}) 1. Public Hearing to approve a Quitclaim Deed to Terminate a Portion of a Public Utility Easement at 659 Fordyce Street 2. Public Hearing to Adopt Miscellaneous Fees and Charges where Necessary 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] COt NCIL MITT!'\(JS i\Rf. !3RO-\D( AST L!VE ON ULo\NNEL 9 VISiT Tlll C! IY OF ASHL/\NIYS \\U~ Sill XL \\/WW.ASHL\N]) OR LiS X. UNFINISHED BUSINESS 1. Council Discussion of Direction Related to Special Use Permit and Council Resolution 2005-35 (Mt. Ashland) 2. Update on progress of Library Discussion (Please note: any attachments will be available at the meeting) XI. NEW AND MISCELLANEOUS BUSINESS 1. Designation of Voting Delegate to LOC Annual Conference 2. Schedule for Rates and Fees Review XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Reading of a Resolution titled, "A Resolution Establishing the City of Ashland Citizen Advisory Ad Hoc Committee" 2. Second reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Land Use Ordinance, Regarding Conversion of Existing Rentals Into For- Purchase Housing in Multi-Family Zoning Districts" 3. Second Reading by title only of an Ordinance titled, "An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 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 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35104 ADA Title I). COl '\( If [\]EFIT\U"; .\RI. BR(\\ I)(\\T UVL 0\; CJ 1\ '\:\Li <) VISIT TllI (I JY 01 ASI II .\Nll'S WI Ii SIIT\T \VW\V\S! I ]\\:1) 01<.\ is A,'if/LLvn CITY ('nuve/L MLET/:VG A I iG 1St 21. 2(){j 7 PAGE I ofl) MINlTES FOR THE REGULAR ~1EETING ASHLA]\"D CITY COUNCIL August 21, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.l11. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Navickas, Hartzell, Jackson and Silbiger were present. Councilor Chapman was absent. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced vacancies on the Citizen's Budget Committee, Tree Commission, Forest Lands Commission, and the Traffic Safety Commission. APPROVAL OF MINUTES The Executive Session minutes of August 7, 2007 and Regular Council minutes of August 7, 2007 were approved with the following clarification: Page 5, under the Planning Commission Ordinance discussion, Councilor Hardesty clarified she had vOiced support for a Transportation Commission to handle transportation issues and for the City to take more responsibility for economic and industrial development. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Quarterly Financial Report: April- June 2007. 3. Mayor's Appointment to Various Commissions. Councilor Hardesty requested Item #2 be pulled for further discussion. Councilor JacksonlNavickas m/s to approve Consent Agenda Items #1 and #3. Voice Vote: all AYES. Motion passed 5-0. Administrative Services Director Lee Tuneberg clarified there was less money from franchise f(~es due to the utility rates not being raised until the end of the year. He also noted the City had anticipated the selling of property, which did not occur, there were projects that were not completed, and a reduction in building activity contributed to the drop in revenue. Comment was made that this raises a "flag" for the furure and they need to be mindful of these problems at the next budget session. City Administrator Martha Bennett noted that staff had explained this was going to happen at the last budget session and noted that staff has seen this commg and has been planning accordingly. Councilor Hartzell/Hardesty m/s to approve Consent Agenda Item #2. Voice Vote: all AYES. :\lotion passed 5-0. PlTBLIC HEARINGS 1. Council Appeal of PA2007-00455, 247 Otis Street Final Plan. Mayor Morrison read aloud the procedures for public Land Use hearings and opened the public heanng at 7:13p.m. ABSTENTIONS, CONFLICTS, EX PARTE COi'iTACTS Councilors Hartzell, Jackson, Hardesty, Silbiger and Mayor Morrison reported no ex parte contact. Councilor Navickas disclosed he had attended the public hearing at the Planning Commission, but did not provide any comments. ASIIL-!ND Cln COUNC"n MEETING A UGUST.] I. .]1)()7 PA G/:" 2 of () City Recorder Barbara Christensen read aloud the lIst of applicable substantive criteria for this decision. Community Development Director David Stalheim clarified the applicable criteria for tonight is the final approval criteria set forth in Ashland MunicIpal Code 18.88.030(B)(5). CHALLENGES (None) STAFF REPORT Community Development Director David Stalheim noted the appeal proceedings set forth in AMC 18.108.110 and stated the applicable approval criteria is contained In AMC 18.88.030(B)(5). He listed the seven criteria and noted this information is also outlined in the Council Communication. Mr. Stalheim stated the Planning Commission voted 7-1 to approve the subdivision with the conditions outlined in the record. A timely appeal was filed by Art Bullock;however, Mr. Bullock has failed to identify any specific issues as to why this planning action does not meet the applicable criteria. Mr. Stalheim explained the Council Findings contained on page 65 of the planning action record address the alleged traffic mitigation errors and noted that no changes have been made between the preliminary plan approval and the final plan. Mr. Stalheim commented that both the Planning CommIssion and staff find that the planning action complies with the criteria for approval of final outline plan. Mr. Stalheim explained the Council must base their decision on the criteria listed in AMC Section 18.88.030(B)(5)(g) and noted they cannot go back and address the layout of the subdivision or any other issue that has been concluded. He stated the basis of the appeal is whether or not the project complies with the street standards and noted that Council had extensive discussion and resolved this issue at the preliminary plan approval. APPLICANT'S PRESENTATION Devian Aguirre and Kerry KenCairn addressed the Council. Ms Aguirre stated they are uncertain how to proceed because they are unaware of what the specific Issues are. She noted the outline plan was approved and their final plan is substantially the same. Ms. Aguirre stated she believes they are in compliance and stated they are interested in finding out what the appellant's issues are. Ms. KenCaim clarified the changes to the sidewalks were done in order to protect the wetlands and trees. It was also clarified they would be installing a pervious concrete path and noted the pavement would need to be cleaned periodically to maintain its perviousness. OPPONENTS AND THEIR REPRESENTATIVES Art Bullock addressed the Council and questioned if the packets, record, and DVDs for the prior proceedings before the City Council and the Planning Commission were included in the current record. Mr. Appicello clarified the minutes of the Planning CommIssion meetings as well as the packet information is included in the record. He stated the videos arc not included unless they are specifically incorporated or someone presents them and enters them into the record. Mr. Bullock requested the record be kept open for an additional seven days in order for him to present this information; however, if Council decides to enter thIs information themselves, he will consider withdrawing his request. Mr. Bullock provided the following seven alleged enors rcgarding the planning application: ilSllLIYD CITY COUVClL ;\iUJ!VG A ueJ CST] / ](jfJ7 PIGE 3 of!) I) Swimming Pool Leak. Mr. Bullock stated the neIghborhood has had a problem with this for decades and it has leaked for so many years that it has created a pem1anent wetland on the north side of the poolhouse. He stated the outline plan requires this to be resolved with a utility and st01l11drain plan, and stated this IS not included in the record. Mr. Bullock also commented that the wetland needs to be held in perpetuity. 2) Wetland Runoff. Mr. Bullock stated the wetlands flood the curb and gutters and overflows into the stormdrain, which empties at the end of Glendower Street. He stated the water from the hot springs creates a different kind of ecosystem and stated the environmental solution required by the outline plan has not been met. He also noted the runoffs proximity to Bear Creek. 3) Pedestnan Path. Mr. Bullock stated the Plan11lng Commission did not resolve the issues regarding the surface, depth, and tree protection of the path and stated the specifics mentioned by the applicant are not included in the plan. He also commented that this should have gone before the Tree Commission and it would be a legal error to approve this without the Tree Commission's approval. 4) Access Streets. Mr. Bullock stated the Ashland Municipal Code requires the developer to improve major development access streets to City standards; however, this information is not included in the plan. He commented on the concentration of traffic on Drager and Laurel Streets, and stated neither are shO\vn in the plan to be improved to City standards. He also questioned if Drager Street would be changed to "Draeger" Street inside the subdivision. Mr. Bullock commented on the developer's participation in a Local Improvement District (LID) for Laurel Street. He stated the application shifts the financial burden of improving Laurel Street from the developer to the property owners and he feels that the developer should be required to bring Laurel Street up to City standards. Mr. Bullock noted under Resolution #1999-09, the developer could revoke their participation a1:,'Teement. He also commented that the final plan should show the documents in detail that will satisfy the conditions of the outline plan and this has not been done. 5) Water Permit Requirement. Mr. Bullock stated this requirement has not been met. Mr. Bullock clarified the plan does not include a sidewalk from the development to Laurel Street and stated the sidewalk only covers the area on Otis Street next to the development. Comment was made questionmg what Mr. Bullock's sixth and seventh alleged errors are. Mr. Bullock stated the application has not been signed by the property O\vner and the identity of the signer is not clear, and the seventh error is regarding the delegation of discretion. He commented on the improper transfer of discretionary authority from the Council to staff and stated the Council needs to maintain this authority. THOSE WISHING TO PROVIDE TESTIMONY (None) REBUTTAL BY THE APPLICANT Devian Aguirre and Kerry KenCai1l1 commented that the alleged errors listed by Mr. Bullock are not relevant to the approval criteria. Ms. KenCaim noted that aSIde trom this, they would still take this opportunity to respond to Mr. Bullocks claims. Issue #1 - Swimming Pool Leak. Ms.KenCal1l1 explained the drainage issue of the pool and the wetland is addressed m the outline plan and the final plan, and the final engineenng plans are a condition of approval. She stated it is standard for conditions of approval to be met after the approval of the Planning Commission and stated it is staffs discretion to work with the applicant to make sure these conditions are carried out. .'Lc;IIL'lND CITY COiIVClL Ml:ET/NG lUG['ST]/, ]007 PAGE 4 oil) Issue #2 - Wetland Runoff. Ms, Aguirre noted the wetland on the west side of the property will be maintained and Ms. KenCalrn explained the runoff will be collected into a drainage system. It was noted that it is natural for these waters to flow into Bear Creek and it was clanfied that the wetland itself cools the water. Issue #3 - Pedestrian Path. It was expalined that the entire project was approved at outline plan and the path has not been altered. Ms. KenCairn noted the Tree CommissIOn did review this application at one time. She stated it was not taken back before the Tree CommissIOn for a second time; however, they do not see this as an issue since the plan did not change. Ms. KenCairn also noted she is a Landscape Architect and used to serve on the Tree Commission and understands how to properly build a path under trees. Issue #4 - Access Street. Ms Aguirre eXplained the access path does extend to Laurel from both Randy and Drager Streets, and noted this is shown in the narrative portion of the plans. She noted this issue was discussed at great length and is one of the conditions of approval. Issue #5 - Water Permit. Ms. Kencairn clarified the well on the property is of a size and capacity that does not require permits. Issue #6 - Signing the Application. Ms. AgUirre clanfied they signed as an agent and this is included in the record. Issue #6 - Delegation of Discretion. Ms. KenCalrn explamed that conditions of approval are the way planning actions are carried out and stated it is the discretion of staff to work with the applicant to finalize details after it is approved with conditions. She stated this is not illegal as claimed by the appellant and noted that most of the issues dealt with at that point are highly technical and are typically worked out with the City's Engineering Department. Ms. Aguirre clanfied they agreed to extend the sidewalks to Laurel Street from Otis and Randy Streets, not Drager as incorrectly mentioned earlier. She also notcd they are not trying to separate themselves from the neighborhood and will participate in any LID and are prepared to pay their share of the costs. Ms. Aguirre clarified based on the tratTic study that was completed, the access streets do comply with the street standards, with the exception of the sidewalk. She added there is no evidence that suggests these streets are overburdened from a transportation standpomt. Councilor Hartzell questioned if the applicant would be willing to include the use of pervious concrete in Condition IS. Both Ms. Aguirre and Ms. KenCairn stated "yes". Councilor Hartzell also noted a 1ypographical error in Condition 15, and stated it should read ..... t~encing should be a minimum on/eel". Ms. KenCairn addressed Mr. Bullock's claim that the stormdrain and utility plans are missing. She explained they have provided everything that was required of them both at outline and final plan and stated the plans were displayed as part of their public testimony at two previous meetings. Ms. KenCairn clarified "Drager" was spelled incorrectly m their materials and it is not their intention to change the spelling of the street name. Assistant City Attorney Richard Appicello commented on Mr. Bullock's request for staff to incorporate thc meeting videos into the record and questioned if Mr. Bullock would withdraw his request to leave the record open if Council incorporates these materials. Mr. Bullock clarified he would also like the packets and records incorporated. Mr. ApPlcello requested clanfication on which meetings inforn1ation he is requesting. Mr. Bullock stated he IS interested in all records that have been prcviously before Council and the Planning Commission pertail1lng to this project, including the DVDs of the meetings. ASf/L,IND CiTY COUNCiL MEETING WGr ST]! :;007 PI GE 5 ofi) Councilor Hartzell/Navickas m/s for all proceedings, documents, and DVD recordings of Planning Commission and City Council meetings specifically related to the outline and final plan ofthe current action be included in the record. Roll Call Vote: Councilor Navickas, Hardesty and Hartzell, YES. Councilor Silbiger and Jackson, NO. Motion passed 3-2. Mr. Bullock requested that the public record be kept open for an additional seven days. Councilor Silbiger/Jackson m/s to deny the request to keep the record open for seven days.. Motion was withdrawn. Mayor Morrison closed the public hearing. Councilor Hartzell/Silbiger m/s to reconsider the motion to include all proceedings, doclllments, and DVD recordings of the Planning Commission and City Council meeting specifically rdated to the outline and final plan of this project in the record. Roll Call Vote: Councilor Silbiger, Hardesty, Jackson and Hartzell, YES. Councilor Navickas, NO. Motion passed 4-1. City Recorder Barbara Christensen read aloud the original motion: "Councilor Hartzell/Navickas mls for all proceedings, documents, dvd recordings of Planning Commission and City Couneil meetings specifically related to the outline and final plan of the current action be included in the record." Roll Call Vote: Councilor Navickas, Silbiger, Hardesty, Jackson, and Hartzell, NO. Motion fails 5-0. Mayor Morrison annouced the record will close Wednesday, August 29, 2007 at 5 p.rn. The applicant indicated they would like the opportunity to submit final written argument. Councilor Navickas/Hartzell m/s to continue deliberations to the September 18, 2007 Council Meeting. DISCUSSION: City Administrator Martha Bennett explained the timing issues regarding the record being kept open for an additional 7 days and giving the applicant time to submit final written argument. The applicant agreed to an extension of the 120 day requirement. Roll Call Vote: Navickas, Silbiger, Hardesty, Jackson and Hartzell, YES. Motion passed 5-0. PUBLIC FORUM (None) UNFINISHED BUSINESS 1. Library Update. City Administrator Martha Bennett noted County Administrator Danny Jordan was present to provide an update on the progress the County has made in regards to reopening the libraries. Mr. Jordan commented on the work that has been done since the failure of the Library Levy and stated many things have happened over the last week. He eXplained the County does not know what the actual amount of the reauthorization from the Federal Government will be, but they believe it will be within 1% of what they received last time, which was $23 Million. Mr. Jordan explained of that money, $15.3M would go to General Fund Services, and $8.3M would go towards library services. Mr. Jordan commented on the legal boundanes regardmg the facilities and clarified the County does not have 15 libraries; it has one library with 15 branches. He commented on the unique circumstances regarding the various facilities and stated these circumstances limit their ability to consolidate and have fewer branches. Mr. Jordan stated the recommendation to their Budget Committee is to appropriate out of the General Fund Reserve $2.3M in addition to the $1.5M they have already budgeted and open all 15 branches of the library at .1SHI.,.I\D CITY COI /NCIL MEETING AI/GI,\T1/, ]007 PA G E 6 of () a reduced level of operating hours. He explamed five of the branches would be open 24 hours per week, four would be open 8 hours per week, and the remainder would be open 16 hours per week. Mr. Jordan stated Ashland is one of the five branches to be open 24 hours per week. Mr. Jordan provided an explanation of the criteria used to evaluate the proposals and noted that LSSI was the successful bidder. He stated the County is currently in contract negotiations with LSSI and clarified if Ashland wishes to increase the hours of operation to 40 hours per week, it would cost an additional $240,000 and to go from 24 hours to 48 hours per week would cost S360,000. Mr. Jordan stated the base contract with LSSI allows the County to negotiate, by jurisdiction, indIvidual desires from the various communities and cited examples of how other jurisdictions are considering supplementing the system. He added the County plans on opening all of the libraries at the noted service levels this November. Mr. Jordan clarified the contract would guarantee the price for 5 years; however, they would renew the contract annually. Comment was made questioning LSSI's record in other communities. Mr. Jordan noted the 2004 report and stated there were issues, both positive and negative, listed about LSSI's performance. He explained he performed a considerable amount of background work and stated LSSI's proposal addressed the issues raised in the 2004 report. He noted other government agencies working with LSSI, including the Library' of Congress and the Smithsonian Institute and stated that any issues would need to be handled through contract compliance. He commented on the need to build a contract that addresses all of the issues and noted the contract would have a 60-day termination clause. Councilor Navickas expressed his concerns regarding privatization and outsourcing and questioned if it is possible for Ashland to have a certain level of independence regarding book purchases and staff hiring, while maintaining a level of connectivity. Mr. Jordan commented on a possible "hybrid" option and stated if Ashland has a proposal, he would take it to the Board of Commissioners for consideration. He also explained that the book-buying element would be a part of the contract and LSSI would be required to work with each of the local advisory committees and Friends of the Libraries for each jurisdiction in terms of multiple issues within the contract, and not Just the book-buying element. Mr. Jordan clarified that as the contractor, the County does not control the number of employees, what they are paid, or how they get the work done; all they have control over is what they are requiring as the outcome. Mayor Morrison noted the City's ballot measure and stated that he believes this is something the City still wants to do, even give the County's decision. Mr. Jordan confirmed the City could use the funds from a local tax levy to seek enhanced services from LSSL Comment was made questioning if LSSI would be required to pay the City's living wage. Mr. Jordan stated it would difficult for LSSI to hire employees unless they offer a competitive wage package. Mayor Morrison noted the intent to open the libraries as soon as possible and to find a long-term solution and thanked the County for the efforts in working towards this direction. City Administrator Martha Bennett noted there arc some choices that the Council must make. She stated there is no option at this point to remove the ballot measure and they do not have an option to not certi~y the property tax levy by October I, 2007. Ms. Bennett listed the followmg options the Council does have, and noted they do not need to make a decision tonight: Option #1: Augment the services the County is proposmg to purchase through LSSI by adding hours. Option #2: Do nothing. Option #3: Attempt a hybrid option, which would entall the City hiring its own employees, but still using the County's collection and infrastructure system. A5IfLI\D CITY COI NC/L MFET/NG A[/GI5T]/. ]1)1)7 P'IGE oil) Option #4: Go it alone and have Ashland operatc its own library. Councilor Hartzell suggested the Council hold a SpecIal Meting to take public input on this issue. Amy Blossom/140 Susan Lane/Commented on the importance of the levy to operate Ashland' s library and stated it is essential that this levy passes so that Ashland can expand on the basic level of service to be provided by the County. Ms. Blossom noted thc need to bring the service level back up to where it was when the library closcd and encouraged everyone to vote. Pam Vavra/457 C StreetINoted she is Co-chair oftbe Committee to Opcn Ashland Library. She noted this committee has been holding mcetings every week to gather input from the public and stated they have received mixed views regarding the benefits and disadvantages of outsourcing and privatization. Ms. Vavra stated the community needs to come together and pass the Ashland levy to augment the County's service level and encouraged the citizens to vote. Joshua Gordon/945 Cedar Way/V oiced support for passing the levy and keeping the City's options open. He statcd that 24 hours a week is not what the community wants, and stated the library should be open a minimum of 40 hours per week. Mayor Morrison stated it is important for the citizens of Ashland to understand that the City is asking for the passage of a levy that will authorize the expenditure of up to $0.58 per $1,000 assessed property value, and clarified that the City has no intentions of spending more tban is necessary. Council offered their comments and input regarding the options before them. Councilor Si1biger voiced support for focusing on getting the levy passed. He stated the service levels the County is offering are not acceptable to the citizens of Ashland. He requested clarification on whether the City's Living Wage Ordinance would apply and voiced support for holding a public meeting to take public testimony and provide clarification. Councilor Navickas commented on the importance of the passage of the levy, and voiced support of a hybrid option in the long run. Councilor Hardcsty voiced support for holding an additional meeting and agreed that it is very important for the levy to pass. Councilor Hartzell requested legal guidance on how the ballot language would be impacted by their choices, and which of the choices would gain them the highest likelihood of getting the ballot levy passed. Mayor Morrison reiterated the key issues and stated that augmenting what the County is offering is the best way to proceed. He noted that this is not a permanent solution and once the libraries are back open tbey can begin working on a long-term solution. Mr. Jordan commented that there are job positions that would not qualify for the City's living wage and stated that the County cannot expect the contractor to pay more than they did. Ms. Bennett questioned what date the Councd would like to hold the Special Meeting on. Council agreed on Monday, June 27, 2007. Ms. Bennett recapped the Council discussion and stated: I) Council is interested in local community input and influence over the service, 2) Council is interested in the quality and content of the materials and services being offered, 3) Council is interested in fairness to the employees, and 4) Council is interested in preserving a local option and thc potential independence oftbe Ashland branch or tbe potential for a new governing structure to be formed. NEW AND MISCELLANEOUS BUSINESS (None) I. ORDI]\:ANCES, RESOLUTIONS AND CONTRACTS 1. Reading of a Resolution titled, "A Resolution Adopting a Supplemental Budget Establishing Appropriations Within the 2007-2008 Budget." ASHLLVD CiTY COUNCil. ME/JIVe; A[e;UST]/. ]()07 PA C; E 8 of () Administrative Services Director Lee Tuneberg stated this IS one of the three ways the budget can be adjusted and eXplained the supplemental budget is necessary due to revenue that was received late In the fiscal year from a regional task force operation. Mr. Tuneberg stated staffs recommendation is to approve the resolution, creating $66,900 in appropriations in the Police Department for a variety of different items including training, equipment, and professional services. Councilor Hartzell requested the public be made aware of the general orders that are being written. Police Chief Terry Holderness requested Councilor Hartzell specify which general orders she is interested in, such as the Taser Policy or the Use of Force Policy. Councilor Hartzell noted she is also interested in the policies dealing with mentally ill individuals and the youth. Councilor Hartzell/Navickas m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed. Mr. Holderness briet1y commented on the segway purchase. He stated the segway offers advantages that a bicycle doesn't and stated this is a good use for this tY']Je of funding. Councilor Hartzell/Jackson m/s to approve Resolution #2007-33. DISCUSSION: Councilor Navickas noted his preference for the majority of the funds to be spent on training rather than facilities, and stated he does not support the purchase of the segway unit and v\'ould rather this money be spent on purchasing bicycles. Roll Call Vote: Councilor Silbiger, Hartzell, Hardesty, and Jackson, YES. Councilor Navickas, NO. Motion passed 4-1. 2. First reading by title only of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Land Use Ordinance, Regarding Conversion of Existing Rentals Into For-Purchase Housing in Multi-Family Zoning Districts." Community Development Director David Stalheim noted the public hearing for this item has already occurred, the hearing and record is closed, and it is now time for Council deliberation. He stated that since this item was last before Council, the Housing Commission has given their support, and the Legal Department has completed its review of the ordinance. Mr. Stalheim noted the Legal Department has recommended the ordinance be amended regarding the reference to Resolution #2006-13 and stated this amendment is neccessary in several sections. Councilor Jackson left the meeting at 10:07 p.m. Housing Program Specialist Brandon Goldman noted there are members of the Housing Commission present and prepared to speak. Housing Commissioners Carol Voisin, Aaron BenjamIn and William Smith addressed the Council. Ms. Voisin noted she is speaking on behalf of the CommiSSIOn and commented on the need for workforce housing. She stated this ordinance helps secure rental units that are essential for affordable housing and noted the Housing Commission unanimously recommended the Council approve the proposed ordInance. Ms. Voisin stated this is an essential tool that will help build a viable affordable housing inventory in Ashland and stated it is their moral responsibility to provide affordable housing to residents and workers. Mr. Benjamin stated this is one of the strongest pieces of legislation that the Housing CommiSSIOn has been able to support. He stated the ordinance is not perfect, but it does provide the City an instrument where by some dq"rree it can control the number of affordable rental umts that remain on the market. Mr. Smith stated Ashland will become a victim of its own success if they cannot allow people in the service industry to live here and stressed the need for workforce housing. Councilor Hartzell commented on the concern that this ordinance could potentially diminish or serve as a ASf/LIND CITY COI "VCH M1:ETlVG A I 'G,rST.} 1. lorl7 1'4(;1:' 9 ()/I) disincentive for new apartments to be built and questioned if there is language that could be inserted that would serve as an incentive for individuals to build apartments. Mr. Goldman stated language regarding the incentive for new units is outside of the scope of this ordinance and suggested they consider an ordinance amendment to the R2 or R3 zones that regulates the develop of new housing. Councilor Navickas/Hartzell m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Councilor Navickas clarified the motion includes the amendments requested by the Legal Department. Councilor Hardesty noted concerns raised regarding this ordinance, but voiced support for movmg this to second reading. Councilor Silbiger noted his disappointment in the rental needs analysis and the lack of the Planning Commission's approval. He indicated he is willing to move forward with this ordinance, but would like to hear from the Planning Commission what their issues are. Councilor Hartzell suggested staff provide a summary of the Planning Commission's core issues and also suggested staff return within 6 months with a strategy to promote the creation of rental housing. Mr. Stalheim indicated that he does not feel it is possible for staff to produce a strategy within 6 months. Councilor Hardesty questioned if it is possible to hear more from the Planning CommiSSion before this ordinance comes back for second reading. Mr. Stalheim noted this ordinance will be back before Council in two weeks, and does not believe it is possible for the Planning Commission to weigh in before the Council meets again. Mayor Morrison voiced his support for the ordinance. He stated it is not perfect. but believes it is a step in the right direction. He also voiced his support for looking at ways to provide incentive to build new rental housing in Ashland. Roll Call V ote: Councilor Navickas, Hartzell, Silbiger and Hardesty, YES. Councilor Jackson }vas absent. Motion passed 4-0. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS (None) ADJOURNMENT Meeting adjourned at 10:30 p.rn. Barbara Christensen, City Recorder John W. Morrison, Mayor Bicycle & Pedestrian Commission July 19th, 2007 Regular Minutes Roll Call: David Young, Julia Sommer, Selene Aitken, Matthew Seiler, Mick Church, Tom Burnham Jim Olney (absent), Council Liaison: David Chapman Staff: Derek Severson, Associate Planner Steve McLennan, Police Officer RVTD liaisons: Steve Maluk, TDM Planner High school liaison: Vacant SOU liaison: Nathan Meyerson (absent) Call to Order Young called the meeting to order at 5:20 p.m. Approval of Minutes - June, 2007 It was noted that the first sentence under Public Forum needed to end with "is worn and needs repair." Severson noted that he would make this change, and added that he had followed up with Jim Olson in Engineering, who indicated that this was scheduled for repair in the near future. Church/Aitken m/s to accept the minutes of the June 2007 meeting as amended. Voice vot,e: All AYES. Motion passed. Public Forum Egon Dubois, bicycle safety instructor with the Bicycle Transportation Alliance, suggested there was a need to provide a map identifying public restroom facilities in town and to provide at least one bicycle rack at all such facilities. Subcommittee & Liaison Reports Seiler discussed the task list of items to be done for Car Free Day, and asked that members review the list and email him the items for which they were willing to volunteer. It was noted that RVTD was going to be tabling at the event and could provide a public address system. There was discussion of the fact that the event falls on a Saturday this year, and as such bus service will not be available. Members discussed their availability to table for the event, and Severson and Chapman tentatively indicated their willingness to help with tabling. Severson gave a brief update on the status of the Wheeldon memorial discussions, and noted that the Public Arts Commission had planned a public art installation in this location. He stated that he would follow up, in hopes of resolving the matter as soon as possible and getting a memorial in place. Severson noted that the lights, pedometers and helmets had been received. Young noted that the lAMP group met yesterday, and that the public session had been postponed, with a tentative reschedule date of August 16 in Pioneer Hall (concurrently with the next Bicycle & Pedestrian Commission meeting.) Young outlined some of the issues of discussion including the population projections which form the basis for some of the planning, bridge construction, vehicle miles traveled reductions, and the information center being discussed. Visit bv Anaela Koch and Scott Bricker from the Bicvcle Transportation Alliance (BTA) Angela Koch, Safe Routes to School Director, and Scott Bricker, Executive Director, from the Bicycle Transportation Alliance (BT A) in Portland were introduced. It was explained for new members that the BT A is a long-time partner of the Commission in presenting bicycle safety programs in Ashland Schools, and that they have also partnered on Safe Routes to School and International Walk/Bike to School events. Bricker, who serves as the BT A lobbyist in Salem, gave a legislative update including a detailed discussion of SB 108, the "three-foot rule" which relates to bicycle-related ordinance discussions later on the agenda, and also 2007-07/9 Bike & Ped minllles Page / of 2 discussed BT A's Campaign for Bicycle Boulevards (low traffic streets planned to better accommodate cyclists) and the Blueprint for Better Biking, a BTA report detailing 40 projects to most improve bicycling in the Porltand Metro area. Bicycle- & Pedestrian-Related Ordinances After general discussion, it was suggested that this would be a long-term item, and that a subcommittee form to look at the ordinances and what might be needed to update them. Issues such as cyclists taking the lane were discussed, as was the Grants Pass "three-foot rule" which requires motorists to pass cyclists at a safe distance. Burnham suggested that the ordinances could also be consolidated to address bicycling, pedestrians, and skateboarding in one section, and that plain English handouts could be provided. MacLennan suggested looking at things in light of the Oregon Revised Statutes. Church, Burnham, and MacLennan all indicated a willingness to work further on this item, and Chapman, Seiler and Young would also consider it as their schedules allowed. Car Free "First Friday" Sommer discussed her idea to add a car free element to First Fridays, noting that she felt there was a need to take being car free beyond an annual event. She suggested that she would like to see encouragement for people to be car free in the First Friday publicity, and that she would eventually like to incorporate street closures as well. She asked if there was any interest from others on the Commission in pursuing this. Young expressed concern with the idea of street closures, and it was noted that downtown street closures could require ODOT approval. Seiler suggested that this might best be accomplished incrementally, by starting small. Sommer stated that a car free element could initially be worked into publicity materials and the idea of street closures held for now. Dubois pointed out that the First Fridays could become more of a street fair. Aitken noted that there needed to be some sensitivity for those who don't walk, and Church noted that there needed to be viable alternatives in place and available. Sommer suggested that shuttle service could be developed. There was not a general consensus of members present to move this item ahead, but Sommer was encouraged to pursue it individually. New Business Aitken noted that she would be out of the country and unable to attend the August meeting. Burnham noted that there was a need for blackberry removal along the Central Ashland Bikepath, and also reiterated his desire for a traffic infractions summary to be reviewed by the Commission monthly. Agenda Items for Next Month Young stated that he would like to have an agenda item to begin development of a work plan based on the discussion during last month's goal setting discussion. Members discussed the lAMP meeting occurring concurrently with next month's meeting, which would be occurring in the nearby Pioneer Hall, and suggested that they would like to meet at the regular time, deal with pressing business, and then adjourn to allow members to attend the public sessions dealing with the lAMP. Adiournment The meeting was adjourned at 7: 10 p.m. Upcoming Meetings: Regular Meeting - August 16t\ 2007 at 5: 15 p.m. 2007-07/9 Bike & Perl minutes Page 2 0/2 CITY OF ASHLAND ASHLAND HOUSING COMMISSION DRAFT MINUTES JUL Y 26, 2007 CALL TO ORDER Vice Chair Carol Voisin called the meeting to order at 5:30 p.m. at the Community Development and Engineering Services Building, 51 Winbum Way, Ashland. OR 97520. Commissioners Present: Carol Voisin, Vice Chair Steve Hauck Re ina A vars Bill Smith Aaron Benjamin Absent Members: Richard Billin Bill Street i SOU liaison: Sunny Lindlev, Absent Council liaison: Alice Hardesty, Absent Staff Present:: Brandon Goldman, Housing Specialist r Sue Yates, Executive Sccretarv I I "--.- APPROVAL OF MINUTES Hauck/Benjamin m/s to approve the minutes of the June 2iL 2007 meeting. Voice Vote: Approved PUBLIC FORUM No one came forth to speak. Ayars said she talked with Eva Cooley. a citizen. who had some ideas about accessory residential units in Quiet Village in conjunction with weatherization. She thought it would increase the value of the homes and bring in additional revenue for families trying to buy homes. REPORTS AND UPDATES Subcommittee Report Education - No meeting/no report Finance .. See Housing Trust Fund Development below. Land Use - They discussed: l) Faith Street Tabemacle project and how it first came forward with multi-family units and then eventually came back with nine single family units. 2) Upgrading existing SOU owned homes for faculty members to purchase. 3) Clay Street Park A..cquisition.. Decided to go out for Request for Qualification to affordable housing providers. Liaison Reports Council Goals.- Goldman said he forwarded the Housing Commission's priority goals along with a letter he wrote to the Council. Those goals included: I) Establishment of a housing trust fund. 2) Looking at City owned property for employer-assisted housing for City employees. 3) Review changes to the annexation ordinance. The final Council goal list is included in this month's packet. Parks - No report. Schools - No report. Planning ... No report. Tripartite - No report. HOUSING TRUST FUND DEVELOPMENT Goldman said the Finance subcommittee has taken the lead on developing the housing trust fund. There is a memo from Goldman to the Housing Commission in the packet outlining the work the Finance subcommittee has done. They are looking at a 20 month timeline to establish a housing trust fund. The mission has been defined. Goldman reviewed each section of the memo with the Commission. He said the "Purpose" statement is broad and can be revised at a later date. The "Eligible Applicants" is meant to be broadly inclusive. ASHLAND HOUSING COMMISSION MINUTES JULY 26, 2007 Benjamin wondered if the "Eligible Applicants" section is n:~sp()nsive or proactive. With this generic framework. we'll have to wait for non-profits to come to us for funding. Or. are we going to go to them? He is inclined to keep the plan as flexible as possible. He would like. in anticipation of establishing the housing trust fund. to start asking the non-profits to start thinking about the projects they could do and what their needs will be in the next I R months, before casting the housing trust fund in concrete. Ask them for a budget. Try to have two to three organizations in mind. Hauck agreed we need to invite the non- profits and ask them to participate and explain their funding needs in the near future perhaps in the fornlat of a work session a public hearing. Goldman said we have a list of 20 individuals that are interested (from the survey). Guidelines It's possible these could be prioritized. Goldman said the timeline now is defining the uses. The next section is establishing an award process and fUl1her down the list is the selection criteria where a point value could be given to projects. The Commissioners discussed the item under Guidelines: "Dewlopments that include affordable units for the disabled and the homeless." Smith felt this was an awfully broad statement and if we are trying to accomplish creation of affordable housing and workforce housing. this seems outside the scope of the housing trust fund and more like a social service. Benjamin is concerned the Guidelines attempt to do all things for all people. Voisin would like to keep the Guidelines broad and open and leave the statement in the Guidelines. Hauck believes housing is for the citizens of Ashland. whoever they are. though he would like to have priorities. He doesn't want to take something off the list only to find it is needed. Benjamin would like the Guidelines initially to be void of anything that would create political opposition. Eliqible Activities What is capacity building') Hauck explained it is where an organization doesn't have the expertise available to do a specific part of the project. For example. someone might be needed with expertise in financing. Voisin said the Finance Committee wanted to prioritize everything that is directly related to increasing affordable housing. but including the others. just in case. Ayars thought that 'Transitional and Emergency Housing" should add at the end of the sentence. "through an established program to move people toward self-sufficiency. Ayars asked if "Conservation of Energy" was a stretch. Goldman said the intention is that if it is an affordable housing development that contains green technologies. that it would have a preference over one that did not. Conservation should be encouraged because it will lower the residents housing costs. The Finance subcommittee wanted the full commission to evaluate the work done so far on the housing trust fund and make a recommendation as to whether or not a special study session \\ould be in order. The Commissioners were satisfied with the language with the few changes as noted above. Goldman will look at a time in early September for a special study session. CLAY STREET PARK AND AFFORDABLE HOUSING DEVELOPMENT Goldman reported the City property acquired a 2.3 acre parcel in 2000 with Parks funds. Of that. 14.000 square feet was peeled off (map in packet) that could be used for Work Force Housing. One hundred twenty five thousand dollars was put toward the purchase of that area from the future proceeds of Strawberry Lane. The propeny has not yet been subdivided. The housing provider will have to go through a subdivision process to create five lots for each of the units and one lot for their open space. The City is looking for a developer. The Land Use subcommittee talked about sending out a Reque~,t for Qualifications. Staff is recommending the Housing Commission direct them to write up the RFQ. to form an ad hoc review committee and appoint a Housing Commission member to the committee. Goldman has contacted the Parks Dept. about appointing a Parks Commissioner to the ad hoc review committee. The Parks Commission will review it and get back to Goldman. The Housing Commission would be the final decision-maker to make a recommendation to the Council. Hauck/Smith m/s to direct Staff to develop an RFQ to send to affordable housing providers and initiate the formation of the ad hoc review committee. Voice Vote: Everyone fa\ored the motion and it carried unanimously. Ayars and Hauck expressed an interest in serving on the ad hoc review committee. RENTAL NEEDS ANAL YSIS REVIEW AND DISCUSSION At the last meeting the Housing Commission indicated they wanted an analysis of the Rental Needs Analysis. Questions have been raised by Planning Commissioners over the validity, strengths and weaknesses of the report. so the Housing Commission wanted an opportunity to talk about it in more detail. Goldman said the Rental Needs Analysis can be viewed as a factual ASHLAND HOUSING COMMISSION MINUTES JUL Y 26, 2007 2 based document and the facts are limited because there is no comprehensive rental data collection entity in the Rogue Valley. That is not necessarily a failing of the Rental Needs Analysis. but a failing we are in a market that is not large enough to support a data collection service. Goldman summarized his Housing Commission memo dated July 26. 2007 regarding Rental Needs Analysis Review. Discussion Points Medford has a rental registry (voluntary). There is a charge for it. The Fire Department would see a value because each unit would be delineated. J Cell phone research - Recent research is showing only eight percent of the population has only a cell phone. The single largest group owning only a cell phone is the Baby Boomers. The analysis could have been improved by better integrating the Buildable Lands Inventory infonnation. 'J If the analysis has value. we need to be proactive about talking to the key people we want to influence. This is the only data and survey information we have for the whole area. At least this is something on paper-more than a "gut" feeling. Goldman's analysis answers some of the concerns that have been expressed. Can it be tied to the condo conversion that this is a memo they should refer to before deciding on the condo conversion? The memo will be forwarded to the Council in advance of the condo conversion hearing with a memo expressing the soundness in the Rental Needs Analysis and reaffirming the Housing Commission's support of the condo conversion. Hauck/Voisin mls to reiterate their support for the condo conversion ordinance as written. Voice Vote: Unanimously approved. The condo conversion is scheduled for August 21't at the Council. Voisin. Smith. Ayars. Hauck and Benjamin all plan to attend the meeting. Street will not be there. FUTURE AGENDA ITEMS August Meeting Housing Commission Goals Land Use Ordinance Changes - Hope to bring to Land Use subcommittee - there are a couple of components that relate to housing. The Planning Commission public hearing is scheduled for September 11th. UPCOMING EVENTS AND MEETINGS Regular meeting - August 30th Special Study Session in September - Housing trust fund discussion Fair Housing Training geared to property owners and tenants August 221ld. live on RVTV from the Medford Council Chambers. ADJOURNMENT The meeting was adjourned at 7:25 p.m. ResfJectfu/1r suhmitted hr. Susan Yates. Erecuti\'c Secrelall' ASHLAND HOUSING COMMISSION MINUTES JUL Y 26. 2007 3 CITY OF ASHl#AND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Acceptance of Donated Property August 21, 2007 Primary Staff Contact: Information Technology E-Mail: Legal Secondary Contact: City Administrato Estimated Time: Joseph Franell franellj@ashland.or.us Richard Appicello Consent Statement: Mr. Joe Andrews of984 ary Jane Ave, Ashland, OR, has indicated a desire to donate to the City of Ashland, equipment used to provide wireless internet service. The equipment is valued at $26,155. Staff Recommendation: Staff recommends acceptance of the donation. Background: Mr. Andrews has been providing wireless internet access to approximately 50 homes outside of the City of Ashland via the equipment he wants to donate to the City. This system is fed by a direct fiber connection to the Ashland Fiber Network. Once the donation has been accepted by the Council, the wireless network will become part of the Ashland Fiber Network. Wireless internet service will then be provided to the associated customers by afnAnywhere. The City has authority to provide extraterritorial telecommunications services outside our regulatory jurisdiction. Related City Policies: Acceptance of this wireless network equipment supports the AFN Business Plan and the goal of increasing AFN revenues. Council Options: Approve or deny acceptancc ofthc equipmcnt. Potential Motions: I move that Council approve acceptance of the equipment as presented. Attachments: Letter ofIntent from Joe Andrews Inventory of Equipment Map of Area Serviced by Wireless Internet System Page I of I Council Communication - Acceptance of Donated_ Property.doc r~' JKA Systems 984 Mary Jane Ave Ashland OR 97520 (54J) 482-8034 21 August 2007 Ashland Fiber Network, City of Ashland I am freely donating the equipment listed in the attached inventory to the City of Ashland \vithout any expectation of payment. My only expectation is that existing (,'Ustomers be provided continued internet service under the umbrella of the Ashland Fiber Network There are no title or deed documents for the equipment, however 1 testify that I have purchased the equipment to provide service to the above mentioned customers and the equipment is free from liens or obligations II JKA Systems Ashland Wireless Network 984 Mary Jane Ave Asbllmd OR 97520 (541) 482.8034 Inventory Tranzeo TRmD 24P 5.8Gh2 FDuplex 24mbs Tep Radio (to Beacon HiH) Prox,m MP11 a 5.8Ghz Base HDupfex Radio (to Beacon HHf) 22dbi 75 Degree Grid Antenna Proxim MP,l a 5.8Ghz Base HDupiex Radio (to Pawlowski) 22dbi 7.5 Degree Gnd Antenna Proxim MP11 a 5.88hz Base HDuplex Radio (to Paden) 29dbi 7.5 Degree Grid Antenna Proxim MP,1 b 248hz Base HDuplex Radio (to E Nevada Bdcast) 240bi 75 Degree Grid Antenna Proxim MP11 b 248hz Base Houpte>: Radio (to N VaHey View Sdeast) 240bi 7.5 Degree 8rid Antenna Tranzeo TRSa 5.8811z: Base Hdupjex Radio (to Pilot View N Bdcast) 22dl:1l 75 Degree Grid Antenna Tranzeo TRSa 58Ghz Base Hduptex Radio (to Pilot View E 8dcast) 22dbi 7.5 Grid Antenna Hill Tranzeo TRFDD 24P 5.8Ghz FDuplex 24mbs TCP Radio (to OffICe) Proxim MP11a 5.88hz SU HOuplex Radio (to Office) 22db! 7.5 Degree Grid Antenna Proxim MP11 b 2.48hz Base HDuplex Radio (to Pilot Rock Bdcast) 12dbi 00 Degree Antenna Proxlm MP11 b 248hz Base Hdupiex Radio (to Siskiyou 6deast) Degree Antenna MP1!b 2AGhz Base Rad,o (to E Crk Rd Tr03nzeo TR6000 2.4Ghz Base HdUpiex Radio (to Pilot Rock Bdeasl #2) Air Industnal 403 Wind Turbine Generator w/regulator Sunwize 22iJW 20v de Solar Pane! Array TriSlar 6OA. ChargeJload Controller PVX-l040T l00AH 12v Battery 4 Battery Cabinet Control Cabinet 25' 2 Platform Custom Tower Proxlm MP11a 5.8Ghz SU HDuplex Radio (to Office) 16dbi 75 Degree Flat Panel Antenna Proxim MP11 b 248hz Base HDupiex Radio (to Pompadour Omni Secast) 9dbi Omm Antenna Aluminum Cabinet [Paden Proxim MP11a S.8Ghz SU HDuptex Radio (to Office) 22dbi 75 Degree Grid Antenna Proxim MP11 b 2.4Ghz Base Hduplex Radio (to W Valley Vlew Bocast) 12dbi 00 Degree Anlenna NetGear POE 8 Port Switch APC1200W UPS Total Units Cost Value 1 $1.900 $1,900 2 $850 $1 .700 2 $85 $170 1 $850 $850 1 $85 $85 1 $850 $850 1 $200 $200 1 $650 $650 $90 $00 $650 $850 $90 $90 $250 $250 $85 $85 $250 $250 $85 $85 1 $1.900 $1,900 2 $450 $900 2 $85 $170 $650 $650 $300 $300 $650 $650 $:380 $650 1 $260 $260 1 $1.200 $1,200 2 $1,160 $2,320 2 $350 $700 6 $200 $1,200 2 $500 $1.000 2 $240 $480 1 $950 $950 $450 $450 $100 $100 $650 $650 $80 $80 $240 $240 $450 $450 $85 $65 $650 $650 $300 $300 $110 $110 $85 $85 55 .-.... Q) ........ ro E .- x e 0.. 0.. <( --- Q) 0> ro s.... Q) > o () '"0 C ro C/) c .0 ........ ro o o .....J Q) .0 2: Q) CI) C/) C/) Q) Q) s.... ~ '"0 C ro ...c C/) <( CITY OF ASH l..AN D Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application September 4, 2007 Primary Staff Contact: City Recorder ff E-Mail: Secondary Contact: Martha Bcn:1] Estimated Time: Barbara Christensen christeb(a:iashland.or. us Consent Agenda Statement: Liquor License application for Dan Durant dba Brother's Restaurant at 95 N Main Street. 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. Background: Application for liquor license is for a new ownership license. 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 complie~: 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. Related City Policies: None Council Options: Approve or disapprove Liquor License application. Potential Motions: Motion to approve Liquor License application. Attachments: None Page 1 of 1 ~.. r~~ CITY OF ASHlLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public Hearing to Approve a Quitclaim Deed to Terminate a Portion of a Public Utility Easement at 659 Fordyce Street September 4, 2007 Primary Staff Contact: Paula Brown, 552-2411 ?_ Public Works/ Engineering E-Mail: Paula@ashland.or.us . Legal Secondary Contact: James Olson, 552-2412 Martha Benn Estimated Time: Public Hearing; 15 min Statement: In conjunction with the reconstruction of the East Main Street railroad crossing the City will be installing improved pedestrian and bike crossings over the rails. To provide adequate clearance around the existing crossing gate standard, the sidewalk must be routed behind the crossing gate and onto private property. There are already several easements in place on this property and the owner has been hesitant to add yet another easement. An acceptable condition from the property owner in granting the new sidewalk easement would be to terminate a portion of the existing public utility easement. In accordance with ORS 93.808 the new easement must also be accepted by Council prior to recording. Staff Recommendation: Ouitclaim Deed Staff recommends approval of the attached quitclaim deed to terminate approximately 571 square feet of the existing public utility easement along the southerly boundary of Lot 16 of the Ashland Parkview Subdivision. Basis for staff support: 1. Staff negotiated several options with the property owner regarding purchasing an easement for bike and pedestrian access and the property owner requested release of a portion an existing easement as a condition in granting the new easement. 2. The railroad crossing improvement project has been approved by this Council, the Oregon Department of Transportation (ODOT) Rail Division, Central Oregon and Pacific Railroad and ODOT Bicycle and Pedestrian Section, and has been identified as having a high priority. The project can not proceed further without the needed easement to construct the sidewalk. 3. There are no viable alternatives to placing the sidewalk on private property. ODOT and Railroad Standards dictate that the sidewalk must pass at least five feet behind the crossing gate standard. 4. The City has received a grant from ODOT Bicycle and Pedestrian Section for $:1 00,000 to construct the pedestrian and bicycle improvements at this crossing. The cost of the easement and related work are included in this grant. 5. Other utility companies having an interest in the easement have voiced no objection of the termination of this easement. Easement Staff further recommends that the Permanent Bicycle and Pedestrian and Temporary Construction Easement be accepted by Council as required under ORS 93.808 and that it be recorded as soon as it is signed. Staffs recommendation for approval ofthe easement includes: Page I of4 G:lpub-wrksladminIPB CouncillStrcet Easement TenninationslCC Quitclaim Tenninatc PUE 659 Fordcye for RR 4Sep07.doc r~' 1. The $3,000 offer for this easement is based upon the square footage value of the land (without improvements) as established by the Jackson County Assessor. 2. Acquisition of this easement will allow the project to move forward and will satisfy the conditions ofODOT Rail Division final order and conditions of the ODOT Bicycle and Pedestrian Grant. CITY OF ASHl~AND Background: In 2004 Council approved a plan to improve five of the nine at-grade railroad crossings in Ashland. OBEC Consulting Engineers was selected to assist the City with the development of this project. Five crossings were prioritized according to safety and usage with the East Main Street crossing as the top priority. Other crossings include Oak Street, Hersey/Laurel, Walker Avenue and Glenn Street. An ODOT order to alter the East Main Street crossing was received on November 17,2006. The order authorized the City to construct sidewalks and bike lanes over the crossing and to replace the crossing surface with concrete panels. ODOT Rail Division has jurisdictional authority for all at-grade rail/highway crossing in Oregon and has developed a set of standards which guarantee that all crossings are safe and uniform throughout the state. For safety reasons, sidewalks are to be placed at least five feet behind the automated crossing gate and signal standard. This ensures that the crossing gate will not injure a pedestrian as it comes down and that the counter balance does not interfere with safe sidewalk passage. Very specific dimensions are also specified for the placement of the crossing gate as it relates to the rails and the street curb location. The right of way width of East Main Street is 60 feet, which does not provide enough width to keep the sidewalk on the right of way opposite the crossing gate. To meet safety standards it is necessary to extend the sidewalk approximately five feet beyond the right of way onto private property. The property owner, Ms. Denise Tschann, has agreed to grant the City the needed easement based upon the negotiated consideration which includes: 1. $3,000 (based upon the square footage value of the unimproved land as established by the Jackson County Assessor). 2. Termination of a portion of an existing public utility easement located along the south boundary of the lot. Ms. Tschann's lot is only 4,456 square feet in size and is surrounded on three sides by tm foot wide public easements. The addition of one more easement onto the already severely constrained lot was not acceptable to Ms. Tschann who asked that a portion of the public utility easement along the south boundary be terminated (see attached map and deed). The only utility presently occupying the easement is a small irrigation pipeline owned by TID. This pipeline will be relocated onto the East Main Street right of way by City crews under the direction of TID. The attached quitclaim deed would terminate approximately 571 square feet of easement. Eighty-six square feet of new easement will be acquired which will allow construction of the sidewalk and supporting retaining walls. The existing public utility easement does not provide the City with the legal right to construct the sidewalk. Page 2 of4 G:lpub-wrksladminIPB CouncillStrect Easemcnt TcnninationslCC Quitclaim Tcnninatc PUE 659 Fordcyc for RR 4Scp07.doc ~.. r_~'1 CITY OF ASHLJAND The quitclaim deed, if approved by Council will not be recorded until the existing irrigation pipeline is relocated and the old line abandoned. Related City Policies: Oregon Revised Statues Section 824.214 details the requirements for administration of all at-grade railroad/highway crossings. Council Options: Council may elect to approve or reject the quitclaim deed which would terminate approximately 571 square feet of public utility easement. If the quitclaim deed is approved, Council should also accept the easement once it is signed. Approval of the deed will allow the City to continue with the project. Rejection of the deed may force the City into condemnation procedures. Potential Motions: Council moves to approve the quitclaim deed and direct the Mayor and City Recorder to sign the deed, with the recording of the document to be delayed until the TID pipeline relocation is completed. With approval of the deed, Council also moves to accept the easement once it is signed by the owner. Council may move to delay deed approval pending further information to be provided by staff. Council may move to reject the deed for cause. Attachments: Photos Vicinity Map and Detail Maps Quitclaim Deed Easement for Pedestrian and Bicycle Use Page 3 of4 G:lpub-wrksladminIPB CouncillStreet Easement TenninationslCC Quitclaim Tenninate PUE 659 Fordcye for RR 4Sep07.doc ~'. IF~ .. CITY OF ASHl.AND Looking East at Crossing Gate. Sidewalk to be located to the left of the gate. Looking West along E. Main Street. Page 4 of 4 G:lpub-wrksladmin\PB CouncillStreet Easement TenninationslCC Quitclaim Tem1inate rUE 659 Fordcye for RR 4Scp07.doc ~.~ r_~ --=::H 7:-'/ ,\ I - ___ ~ 0 : ~l / V-- ~h~:~~o /1 '-' ) '\ . ~ ~o\'\fv\~ 'I> ... "f"'1:CS: \ ~ ~J . -:;.; . f~ ~~ \ _ .,0~"/ 70 1 ~..t' b 00 t;; _-'" c': r W f '/1--1,/. iP11'1:- D u "",.,.'....M'Tfr1, Z " ' ~'1h .~;r..I~tl~ I ~~"T' '. - ~ L.~I ~/ 0f ,T h lr-Y~" --.' /', o b --;/ RJ, -INti ~ ' T L r' ~ 11j'lJY ~ I'=/'J!:=4 I -Zr..~ -~l I ' -I . "f ~--lT'i ~ (rr ~ C::sl I--..:- ---L / I .' r ~..= 7--4L....... ~.' / - \,l III ~ ~ '1"-:1' ,0 i- . I //:F" . " _ l /:. 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'/7~-"""""" '0. . f @ "~~.. ;'-4'c/,'~ ...~;<(:~ ~. ... :;;:;; --;. ~~ '-. '- 'I",C _ on}. 1 5 ~ io ~ ,-" , ,/5' PUE oi gb '-. ~ '..... n 6 '-. ,~/~~ ~ 14 ... 1 S8~~3;&~L__L ~~ -,'-. 0-4D '- '- : 0\ I '-. 0 2~' 25' '-.'-. .....~ ~~ 16 :1; .......... '-. '- ..... ~ ~". to' Pl!E~ ~:,y_ ~ '- '- ..... ...........~,.c..:-?::~~:.:.... I '- '- ............ .;S.], '. '.:. ~;'.j'4'~":.) /____ '-. ~ t>l19"\!> - ------ t. "--- '- . __---- \-A~\ ~ S1Rt. IJROPOSED EASEMENT TERMINATION '- ~ ~ ~ ~3.00' 00.00' ~ to' PUE"-----: 10 ..... ~ ~ I ~ ';A..50' ~4.50' _0. ..__ _ __ .. ______ _ o;q_oo' ':' ~.on' w () >- a a::: o u... o on ~ ~ ..; o 24 ~ --- .l- \g J ~ ---0 S8Q' 59'36" I: 90.00' w ~ N '" o b on o .. z ~ 25 ~ \.0 N io o b o Vl # 1299 61.76' ;" ..... ......... 1+ Name of Transaction: Grantor: Grantee: Return Document to: Quit Claim Deed City of Ashland, an Oregon Municipal Corporation Denise M. Tschann Denise M. Tschann 659 Fordyce Street, Ashland OR 97520 No Monetary Consideration Grantee. True and Actual Consideration: Send Tax Statements to: QUITCLAIM DEED City of Ashland, Oregon, Grantor, releases and quitclaims to Denise M. Tschann, all right, title and interest in and to the following described real property: See Attached Exhibit A The purpose of this deed is to release and relinquish all the right, title and interest of the grantor in the described portion of the public utility easement located along the southerly boundary of Lot 16 of the Ashland Parkview Subdivision. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSION'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES [AND], TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. THE PROPERTY IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS. This dedication is made for good and valuable consideration. There is no monetary consideration. G:\pub-wrks\eng\dept-admin\SURVEYOR\391 ElOBC 5415 Quitclaim Deed Tschann 807.doc GRANTOR: Dated this day of ,2007. John W. Morrison, Mayor Barbara Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on ,200"7, by John W. Morrison as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: G:\pub-wrks\eng\dept-admin\SURVEYOR\391 ElOBC 5415 Quitclaim Deed Tschann 807.doc EXHIBIT A PUBLIC UTILITY EASEMENT TO BE QUITCLAIMED A portion of that public utility situated along the Southerly boundary of Lot 16 of Ashland Parkview Subdivision, a Planned Unit Development to the City of Ashland, Jackson County, Oregon, as now of record and being more particularly described as follows: Commencing on the Southeast corner of Lot 16 of said subdivision, thence South 790 14' 00" West, along the southerly boundary of said Lot 16 a distance of 10.18 feet to the True Point of Beginning; thence continue along said Southerly boundary, South 790 14' 00" West, 50.15 feet, to the Northeasterly line of a 10 foot wide irrigation easement; thence along said Northeasterly line, North 61006' 31" West; thence leaving said line, North 790 14' 00" East, 64.13 feet to the Westerly line of a 10 foot wide public utility easement; thence allong said Westerly line, South 000 06' 22" West, 10.18 feet to the True Point of Beginning. Description of Easement to be Quitclaimed Lot 16, Ashland Parkview Subdivision 391 E1 OBC Tax Lot 5415 August 22, 2007 G:\pub-wrks\eng\dept-adrnin\SURVEYOR\391 E 1 OBC 5415 Quitclairn Deed Tschann 8 07.doc Name of Transaction: Grantors: Grantee: Return Document to: Bicycle and Pedestrian Easement Denise M. Tschann City of Ashland, an Oregon Municipal Corporation Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $3,000.00 and other valuable considerations True and Actual Consideration: PERMANENT BICYCLE AND PEDESTRIAN AND TEMPORARY CONSTR:UCTION EASEMENT FOR CITY OF ASHLAND 1. Grant of permanent easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a public pedestrian and bicycle easement and sidewalk or path and supporting wall, across, along and upon the real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon and is described on the attached Exhibit A. 2. Grant Of Temporary Construction Easement. The above named grantor also grants to Grantee a temporary construction easement for the construction of retaining walls, sidewalks and appurtenances. The temporary construction easement shall terminate with the completion of the planned improvements known as the East Main Street Railroad Crossing Improvement Project No. 2005-15A or on January 1, 2010 which ever first occurs. The temporary construction easement shall be limited to that area as described in attached Exhibit B. 3. Use of surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provid,ed that Grantor shall not build or erect any structure upon the easement area without the prior written consent of Grantee. 4. Maintenance. Grantee, its successors, assigns, agents and invitees shall be responsible for the maintenance and repair of the easement including but not limited to maintaining the easement in compliance with any applicable governmental regulations. G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENTl659 Fordyce St Tschann RR Sidewalk Easement form 407.doc 5. Indemnification. Subject to the limitations of the Oregon Tort Claims Act, ORS 30.260 - 30.300, Grantee, its successors, assigns, agents and invitees, shall indemnify and hold Grantor, its successors, assigns, agents and invitees, harmless against any claim for injury to person or property which occurs, or is alleged to have occurred, during the course of a crossing of Grantor's land by any person, other than Grantor, grantor's successors, assigns, agents and invitees. Grantor and Grantee recognize that they may have certain immunities granted pursuant to ORS 105.672 et seq. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANTOR: By Denise M. Tschann State of Oregon County of Jackson This instrument was acknowledged before me on by Denise M. Tschann. ,2007, Notary Public for Oregon My Commission expires: CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND, Grantee By: John Morrison, Mayor STATE OF OREGON County of Jackson ) ) ss. ) ,2007. The foregoing instrument was acknowledged before me this day of ,2007, by John Morrison as Mayor of the City of Ashland. Notary Public for Oregon My Commission expires: PAGE 2-EASEMENT (p:jost.Eas) EXHIBIT A BICYCLE AND PEDESTRIAN EASEMENT Commencing at the most Southerly corner of Lot 16 of Ashland Parkview Subdivision, a Planned Unit Development in the City of Ashland, Jackson County Oregon, as now of record; thence North 790 14'00" East, along the Southerly boundary line of said Lot 16 a distance of 11.50 feet; thence leaving said Southerly boundary line, North 610 06' 31" West, 7.50 feet; thence South 790 14' 00" West, 11.50 feet to the Southwesterly boundary line of said Lot 16; thence South 610 06' 31" East, along said Southwesterly boundary line, 7.50 feet to the point of beginning containing 86.25 square feet more of less. Bicycle and Pedestrian Easement Lot 16, Ashland Parkview Subdivision (PUD) 39 1 E 10 BC tax lot 5415 August 22, 2007 G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\659 Fordyce St Tschann RR Sidewalk Easement form 407.cloc EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Commencing at the most Southerly corner of Lot 16 of Ashland Parkview Subdivision, a Planned Unit Development in the City of Ashland, Jackson County Oregon, as now of record; thence North 790 14'00" East, along the Southerly boundary line of said Lot 16 a distance of 12.00 feet; thence leaving said Southerly boundary line, North 100 46' 00" West, 10.00 feet; thence South 790 14' 00" West, 24.06 feet to the Southwesterly boundary line of said Lot 16; thence South 610 06' 31" East, along said Southwesterly boundary line, 15.67 feet to the point of beginning containing 180.3 square feet more of less. Temporary Construction Easement Lot 16, Ashland Parkview Subdivision (PUD) 39 1 E 10 BC tax lot 5415 August 22, 2007 PAGE 4-EASEMENT (p:jost.Eas) RESOLUTION NO. 2007- A RESOLUTION ADOPTING MISCELLANEOUS FEES FOR SERVICES WHERE NECESSARY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland provides certain miscellaneous services to citizens and customers through out the year as part of regular city business. These sHrvices are normally provided at the request of the customer, or are caused by the customer when applying for utility systems improvements, or are a part of normal accounts receivable collection activities. SECTION 2. The proposed fees fall outside of existing fees established by resolution or ordinance and will be incorporated within the appropriate process as all fees are reviewed and updated. SECTION 3. The fees and charges established by this resolution are reasonably based upon related costs to the city, will take effect October 1,2007, and will not be increased within twelve months from date of approval and include: Department Fee Title Method Charge Per Police PO Report Request 10 pages or less $ 12.00 request 11 pages or more $ 15.00 request Public Works Penalty for no Permit Add 50% to established fee Varies occurrence Block Party StreeVSidewalk closure $ 56.00 occurrence Encroachment $ 56.00 occurrence ROW Closure Sidewalk $ 56.00 occurrence ROW Closure Parking space $ 56.00 occurrence ROW Closure Street $ 174.00 occurrence Sidewalk Dining Initial fee $ 250.00 application Annual renewal $ 31.00 seat Electric Blower Door Leak Test $ 50.00 test Duct Leak Test $ 50.00 test Community Development Standard Zoning Permit $ 25.00 occurrence Information Technology AFN Retail Rates: AFN Bronze Excludes VolP Support $ 19.99 month AFN Silver Excludes VolP Support $ 34.99 month AFN Gold Includes VolP Support $ 39.99 month AFN Platinum Includes VolP Support $ 79.99 month AFN Anywhere/Out of Town Rates Charge beyond City limits $ 44.99 month AFN Wholesale Rates: AFN Bronze Excludes VolP Support $ 14.99 month AFN Silver Excludes VolP Support $ 23.99 month AFN Gold Includes VolP Support $ 26.45 month AFN Platinum Includes VolP Support $ 66.45 month Monthly Billing Minimum $ 1,500.00 month Static IP: AFN Gold First address $ 25.00 month AFN Platinum First address $ 25.00 month Additional Static IP: AFN Gold Each additional to 6 total $ 10.00 month AFN Platinum Each additional to 6 total $ 10.00 month Dynamic IP: AFN Gold Per address $ 5.00 month AFN Platinum Per address $ 5.00 month SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 5. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 6. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code S2.04.090 duly PASSED and ADOPTED this day of ,2007. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2007. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, Assistant City Attorney CITY OF ASHLJ\ND Council Communication Public Hearing to Adopt Miscellaneous Fees and Charges Where Neeessary Meeting Date: September 4, 2007 Primary Staff Contact: Lee Tuneberg tYr/;h Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: Contributing D ments Secondary Contact: Impacted Departments Approval: Martha Benne Estimated Time: 30 minutes Statement: The City should routinely examine its operations and the services provided to ensure fees are charged at the appropriate time and amount to maintain financial viability. This Council action would create new ones where necessary. Staff Recommendation: Staff recommends Council adopt the attached resolution establishing or adjusting miscellaneous fees and charges. Background: The City of Ashland has many resolutions and ordinances that set specific rates and fees for the multitude of services rendered to the public. Most fees and charges relate to the utility services provided however there are a host of services provided that have routinely had a "service'" fee associated with them. In June, 2005, Council approved the staff proposed new charges and fees identified at that time. Finance has informally referred to fee increases as phases, where Phase I represents changes based upon an inflationary factor approved within the originating resolution or ordinance, Phase II represents adjustments to established fees and charges based upon changes in the cost to provide those services and Phase III is when staff considers new miscellaneous fees and charges or those that that may not have been addressed before. The current action would address any Phase III fees that are new or require updating. The attached memoranda provide additional information on the fee(s) and need. As you know, departments routinely bring to Council specific rate adjustments for utilities, enterprises and programs such as impact fees or local improvements. As rate models are reviewed and updated, many of these miscellaneous charges and fees will be incorporated into other resolutions that are industry specific. The proposed charges are listed bellow and additional justification for implementing them can be found in the attached memorandums. Page I of3 C:C - Public Hearing on Miscellaneous Fees & Charges 090407 r~' C I T Y OF ASHLJ\ND Department Fee Title Method Charqe Per Police PO Report Request 10 pages or less $ 12.00 request 11 pages or more $ 15.00 request Public Works Penalty for no Permit Add 50% to established fee Varies occurrence Block Party Street/Sidewalk closure $ 56.00 occurrence Encroachment $ 56.00 occurrence ROW Closure Sidewalk $ 56.00 occurrence ROW Closure Parking space $ 56.00 occurrence ROW Closure Street $ 174.00 occurrence Sidewalk Dining Initial fee $ 250.00 application Annual renewal $ 31.00 seat Electric Blower Door Leak Test $ 50.00 test Duct Leak Test $ 50.00 test Community Development Standard Zoning Permit $ 25.00 occurrence Information Technology AFN Retail Rates: AFN Bronze Excludes VolP Support $ 19.99 month AFN Silver Excludes VolP Support $ 34.99 month AFN Gold Includes VolP Support $ 39.99 month AFN Platinum Includes VolP Support $ 79.99 month AFN Anywhere/Out of Town Rates Charge beyond City limits $ 44.99 month AFN Wholesale Rates: AFN Bronze Excludes VolP Support $ 14.99 month AFN Silver Excludes VolP Support $ 23.99 month AFN Gold Includes VolP Support $ 26.45 month AFN Platinum Includes VolP Support $ 66.45 month Monthly Billing Minimum $ 1,500.00 month Static IP: AFN Gold First address $ 25.00 month AFN Platinum First address $ 25.00 month Additional Static IP: AFN Gold Each additional to 6 total $ 1000 month AFN Platinum Each additional to 6 total $ 1000 month Dvnamic IP: AFN Gold Per address $ 5.00 month AFN Platinum Per address $ 5.00 month See attached supplemental documents The above fees may be approved in total or specific ones can be omitted and considered at a later time. Related City Policies: Outside of the established financial goal for maintaining a financially viable city, no formal policies can be specifically identified relating to miscellaneous charges and fees. Council Options: Approve the attached resolution as presented. Revise elements of the resolution before approving the resolution. Leave rates at current levels and consider changes at a later time. Page 2 01'3 CC - Public Hearing on Miscellaneous Fees & Charges 090407 ~~, CITY ()F ASHLJ\.ND Potential Motions: The Council moves to approve the resolution establishing or adjusting miscellaneous fees and charges as presented. Attachments: A Resolution adopting miscellaneous fees for services where necessary Contributing department memorandums: Engineering June 19 and August 16, 2007 Police July 19,2007 Community Development August 22, 2007 Electric - Conservation August 24, 2007 Information Technology August 27,2007 Page.3 01'3 CC - Public Hearing on Miscellaneous Fees & Charges 090407 r:., Memo CITY OF ASHLJ\ND Date: From: To: June 19, 2007 Nancy Slocum Lee Tuneberg REQUEST FOR POLICY CHANGE AND/OR RESOLUTION REGARDING ENGINEERING FEES FOR NONCOMPLIANCE Re: Ashland citizens and some contractors have very little knowledge regarding the requirements for Public Works / Engineering permits. The line between private property and public right of way is not obvious and is very site specific - many folks mistakenly believe their property begins at the curb. Public Works Administration sees public education as one of its primary aims. Recently staff has taken a more active role in public education by updating our webpage to include frequently asked questions and information on what, when, how and why permits are issued. Front counter staff has begun to emphasize the need for a public works permit when someone applies for a building permit. In addition, we now require that all other City departments (including Public Works) obtain permits to ensure proper tracking of any and all work within the public right of way. With increased education and administration, along with the potential loss of revenue from those that do not obtain permits, Public Works Administration requests the written authority to charge a double fee to anyone who tampers in the right of way without a permit. Historically citizens and contractors who do work within the public right of way are simply asked to stop work and obtain a permit. With no incentive staff finds that there are some who take advantage of this policy and obtain a permit only if they am "caught." Public Works seeks to increase our enforcement authority. Currently there are eight types of Public Works Permits as outlined in the tablE~ below: Type of Permit Cost Number ISisued in 2006 Excavation $170 base fee + a cost per linear foot 106 Encroachment $55 10 Rioht of Way Closure $55 sidewalk, parkino space; $170 street 15 Dust Suooression $55 5 Block Party $55 7 Sidewalk Dinino $30 per seat per year 9 Driveway Paintino $6 4 Miscellaneous Construction $55 46 ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5347 Fax: 541/488-6006 TTY 800/735-2900 r~' C:\DOCUME-l\morrisb\LOCALS-l\Temp\Double Fee memo to Lee (, 07.doc Obtaining a permit prior to work has several advantages: . Provides opportunity for on-site communication with staff to answer questions before a job begins thereby heading off potential problems . Verification that city specifications and standards are followed as the work progresses . Allows for coordination with other city departments and local agencies . Minimizes impact to citizens and infrastructure if permitted work must be redone There is a great deal of precedence for this request. Building departments all over Oregon (and the United States) use Section R 108.6 in the 2005 Oregon Residential Specialty Code to charge an "Investigation Fee" which is equal to the amount of the permit fee. Just ten minutes of researching public works permits on the internet netted no less than nine other jurisdictions with penalties ranging from a double or triple fee to a flat fee of $500. The change could be made with minimal staff time as so many examples exist. ENGINEERING DIVISION 20 E, Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5347 Fax: 541/488-6006 TTY 800/735-2900 "A1 C:\DOCUME-l\morrisb\LOCALS-l \Temp\Double Fee memo to Lee 6 07,doc City of Ashland Engineering Fees DRAFT ADDITIONS August 16, 2007 Service PLAT & PLAN CHECKS: SUBDIVISION PLATS CONDOMINIUM PLATS PARTITION PLATS Effective 8/1/2006 SUBDIVISION IMPROVEMENT PLAN CHECK $629.00 plus $95.00 per lot $629.00 plus $95.00 per lot $336.00 5%Engineer Fee (5% of the public improvement Cost) INSPECTIONS & PERMITS: SUBDIVISION CONSTRUCTION INSPECTION 5%Engineer Fee (5% of the public improvement Cost) Effective 8/1/2007 $645.00 plus $97.00 per lot $645.00 plus $97.00 per lot $345.00 5%Engineer Fee (5% of the public improvement Cost) 5%Engineer Fee (5% of the public improvement Cost) $170.00 plus per ft cost based on age $174.00 plus per ft cost based on age of pavement of pavement STREET OR ALLEY EXCAVATION PERMIT MISCELLANEOUS CONSTRUCTION PERMITS FOR CONSTRUCTION OF CURB, SIDEWALK, DRIVEWAY APRON, ETC. ENCROACHMENT PERMIT $55.00 $56.00 $56.00 $56 (Sidewalk, parking space) $174 (Street) $56.00 $55.00 $56.00 $6.00 $6.00 $250 initial fee, $3'f per seat renewal - Fee for actual permit PLUS 50% RIGHT OF WA Y CLOSURE BLOCK PARTY DUST SUPPRESSION PERMIT DRIVEWAY PAINTING PERMIT SIDEWALK DINING PERMIT FEE FOR PERMITS AFTER WORK HAS BEGUN GIS DATA & MAPPING SERVICES INFORMATION ON DISK MAPS $15.00 (zip disk fee) Plus $39.00 per quarter section $26.00 per Hour Plus $39.00 per quarter section and $26.00 per hour additional data development. Note: Base CPI (NOV 00) = 174.1 Current numbers: 205.352-199.8/205.352= 2.7 Factor: 102.70% The above numbers are rounded down to the previous whole dollar. $15.00 (zip disk fee) Plus $40.00 per quarter section $26.00 per Hour Plus $40.00 per quarter section and $26.00 per hour additional data development. C:\DOCUME-1\morrisb\LOCALS-1\Temp\Fee Schedule Change Draft 816 07.xls CITY OF ASHL,AND Memo DATE: July 19,2007 TO: Terry Holderness, Chief of Police FROM: Kelly Haptonstall, Records Supervisor DEPT: Ashland Police Department RE: Miscellaneous Fees increase The Ashland Police Records Division will charge the public a flat rate of $12.00 for all police reports 10 pages or less that are processed through our records division. The Ashland Records Division will charge a flat rate of $15 .00 for police reports over 10 pages or is more complex because of research needed, redactions, or size. Please let me know if you have any questions. Thank you, ~e:io~~~ Records Supervisor 6)C rrj)~ ASHLAND POLICE DEPARTMENT 1155 East Main Street Tel: 541-482-5211 Ashland, Oregon 97520 Fax: 541-488-5351 www,ashland,or.us TTY: 800-735-2900 ~~, CIT'r OF ASHIJAND Memo Date: August 22, 2007 From: Adam Hanks, Permit Center Manager To: Lee Tuneberg, Administrative Services/Finance Director Re: Phase III Miscellaneous Fees The Planning Division would like to include a new fee, which could also be described as an expansion of an existing fee, for a general zoning permit fee. AMC 18.112.010 provides authorization for the Planning Division to issue zoning pennits for all structures and buildings to ensure they are consistent with the zoning regulations of the Ashland Land Use Code. In most cases, the zoning permit is actually processed concurrently with the Building Division permit, in which case the existing Community Development Fee of 1.1 percent of the valuation of the project is collected for Planning Division review and processing. With recent changes in the State Building Codes regarding expansion of exemptions to the Building Division permit requirements, the use of a stand along zoning permit to verify basic zoning requirements such as setbacks for exempt shed construction has and will increase in frequency. A fee of $25 is proposed for a Standard Zoning Permit, which is consistent with several of the Division's existing ministerial approvals, namely home occupation permits and replacement sign permits. These are permits that are often very straightforward, but also can occasionally require a site inspection for verification of site conditions, typically after the construction has been completed. The anticipated primary application for this permit type will be for the construction of shed and other outbuildings that fall below the Building Code exemption of 200 square feet and for the installation of fences, although there are other development activities that could require land use review that do not otherwise trigger a Building Division permit. Community Development 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel 541/488-5305 Fax 541/488-6006 TTY 800/735-2900 .... ._~ CITY Of ASHI.,AND Memo DATE: TO: FROM: RE: August 24, 2007 Lee Tuneberg Dick Wanderscheid Fee for Blower door and Duct Testing The City of Ashland's Conservation Division has been offering Blower Door and Duct leakage testing since July 1997. This service is provided at no charge for homes with Electric heat but we also provide this service to gas heated homes for a fee. The fee was initially set at $25 for one test and $50 for both. The fee was increased to $50 for one test and $100 for both in November 2006. These tests have the potential to save a lot of energy and since most gas fired central heating systems also have air conditioning there are electric saving in gas heated homes also. Doing the blower door test usually takes and hour while both tests can take from 1.5 to 3 hours. These test are a great energy and customer service tool for our Conservation Division and we typically do about 50- 80 tests per year of which about 10-20% are in gas heated homes who pay for this service. I hope this info is helpful feel free to contact me if need more details or have questions. Electric Department 90 N Mountain Ave. Ashland, Oregon 97520 www.ashland.or.us Tel 541-488- 5357 Fax: 541-552- 2346 TTY 800-735-2900 rA' Information Technology Department 90 North Mountain Avenue Ashland, Oregon 97520 (800) 735-2900 City of Ashland Memo To: Lee Tuneberg, Finance Director From: Joseph Franell, Information Technology Director CC: Date: 8/27/2007 Re: New AFN Rates With the purchase and installation of the new Cable Modem Termination System (CMTS), the Ashland Fiber Network will be capable of providing additional and expanded products. These new products require the approval of both retail and wholesale rates. Listed retail rates are the rates that AFN will charge as a retail Internet Service Provider (ISP). The "Out of town afnAnywhere" rate, is a new monthly rate charged for residences outside of the City limits. This rate is higher than the "in-town" monthly rate since these residences do not pay property taxes. "AFN Gold" is the same as our current cable modem product. The Minimum Monthly Billing Rate covers City administrative costs associated with managing the relationship with a retail partner. Please add these to the September 4,2007 public hearing to approve new rates and fees. Following is some background information for your reference. More than a year ago, staff identified that the CMTS was past end-of-life and needed to be replaced. A new CMTS was put in the business plan, the capital improvement plan, and was approved for replacement in the 2007/2008 budget. As stated above, with the installation of the new Cable Modem Termination System (CMTS), the Ashland Fiber Network will be capable of providing additional and expanded products. These new products will allow the City to offer a broadband internet services competitive with dial-up and DSL services and will allow for expanded high-speed broadband products as well. The products offered with this rate plan were developed by a review of competitive offerings in the area and with input from AFN's retail partners. Resolution 2005-44 is the current resolution for AFN rates and remains in effect. Resolution 2006-44 is the current resolution for afnAnywhere rates and remains in effect. In 2008, after we validate the market acceptance of the new product line, Staff will bring to Council a resolution that consolidates all AFN rates and fees. The proposed rates are attached. Thanks, Joseph Franell ~ iiii _:,:, ~ } "r ~ :::: -;f ~ :::: -- :;:; ,g :j'j ~.:.: "C i"i ~ ::j: -- :;:: ~I ~illl .. r ~ ~. 1111~ !lll ili:~ ~lli :::: ~L6 E ~m~ 0.. ',i ~ a: ..i~ 0:::( .:. :.:. .:.: :.;. .:.: t ::;. r t :::: ~~~~ ::;: :::. m~ :::: 00 (!) (!) L{) I'-- N o 0 - - Cl.. Cl.. ::l ::l g!li~ I u Lt) a.J CJ') (f) CJ') ~ -- .0 CJ') CD E r--. CD L{) th th "0 .;. 0:': (!) .:. a: :; 0:::( .:. ~~~ u U a.J a.J CJ') Lt) (f) (f) CJ') oo::t -- -- .0 .0 CJ') CD E E M C'\I L{) (!) th th I L{) (V) N U U CJ') a.J a.J CJ') (f) (f) CJ') CJ') -- -- .0 .0 oo::t M E E M C'\I L{) (!) th th L{) N U U CJ') a.J a.J CJ') (f) (f) CJ') CJ') -- -- .0 .0 CJ') oo::t E E 'l'"" 'l'"" (!) (!) th th L{) L{) N N ~III CI) .:. <:: ::: u.: .:. "",:.: " ~~~ JI <:: ::: u.:m 0:::(::: (I) - C'I:I 0::: 2 (I) C'I:I C'I:I "'C0:::l/l C'I:I ._ (I) o C'I:I 0 -J:: 3: "'C C'I:I o c: 3: o c.. (I) Cl::JO::: a.J 01 C1l (f) ::l >, ..c - c o E '+- o a.J 01 C1l - C a.J U L... a.J Cl.. C1l C o t5 C1l L... '+- U <;::: .u a.J Cl.. (f) C1l a.J .0 .~ -u a.J (f) -- .0 E o o - ~ .0 C1l - (f) L... ::l a:l CITY OF ASHl~AND Memo TO: Mayor and City Council FROM: Diana Shiplet DATE: August 30, 2007 RE: Mt. Ashland Council Packet Items Attached are all the items for the Unfinished Business item titled, "Council Discussion of Direction Related to Special Use Permit and Council Resolution 2005-35 (Mt. Ashland)". The following items are attached to this memo: - Minutes from July 18, 2007 Council Meeting - Original Motion submitted by David Chapman - Memo submitted by Cate Hartzell on 8/29/07 - News article submitted by Cate Hartzell ADMIN ISlRA liON 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel 541-488-6002 Fax 541-488-5311 TrY 800-735-2900 ~.. .,-~ MINUTES FOR THE CONTINUED MEETING ASHLAND CITY COUNCIL July 18, 2007 Civic Center Council Chambers 1175 E. Main Street CiTY COUNCiL CONTiNUED MEETiNG JULY 18,2007 PAGE 1 of8 CALL TO ORDER Mayor Morrison called the continued meeting to order at 12:30 p.m. Councilors Navickas, Silbiger, Hardesty, Jackson and Chapman were present. Councilor Hartzell arrived at 12:48 p.m. PUBLIC FORUM Pam Vavra/457 C StreetIVoiced her appreciation to the council for filing the Library Measure prior to the deadline of July 19,2007 with the County. She noted that a group has formed called "Committee to Open Ashland Library" and provided contact information. She also indicated that they were soliciting individuals to endorse their argument in the county pamphlet. UNFINISHED BUSINESS 1. City Attorney Recruitment Process Update Human Resource Manager Tina Gray sought direction from the council in choosing a firm from one of the five firms that had submitted proposals for the recruitment of City Attorney and the salary range for this position. Mayor and council noted their preference for Bobbi Peckham & McKenney for the recruitment of the City Attorney process. Councilor Jackson/Hardesty m/s to hire the Peckhan & McKenney firm to conduct the City Attorney recruitment and approve the Sahli)' range as propo:-.ul by staff. Voice Vote: all AYES. :.IUliull passcu. PUI3LIC FORUM cont. Denise Tschann/659 Fordyce/Spoke regarding how the City and Pacific Railroad is proposing to take 118 square feet of less than her 1,000 square foot yard to put a sidewalk in. She indicated that she had previously sent the council a power point presentation that showed how much land this actually is. She stated that it brings the city easement within 4'li feet of her picture window of her house. She stated that the proposed sidewalk would raised so that pedestrians feet would be even with her picture window and enable individuals to step from the railing onto her house roof. She stated that this is not acceptable and is concerned that people will access her roof and injuries may occur. Ms. Tschann felt that there were excuses made on how the standards were being enforced. She also noted that the City planners put her property on thl~ TID (Talent Irrigation District) easement and that TID stated that her house is sitting on an active TID easement, which is illegal. She did indicate that she is working with city staff to have this easement given up. Mayor indicated that he would look into this matter and contact Ms. Tschann on this matter. 2. Prioritize Desired Library Services Management Analyst Ann Seltzer informed the council on the process that staff has taken to meet with county staff to draft mutually acceptable intergovernmental agreement (IGA) that will detail what the city desires and what the county is willing to provide in order to open and operate the Ashland public library. She clarified that the IGA would need to be approved by both the city council and the county commissioners. Ms. Seltzer stated that the county has issued a Request for Proposal (RFP) to contract with a private entity to CITY COUNCIL CONTINUED MEETING JULY 18,2007 PAGE 2018 provide library services. The RFP asks for two separate proposals 1) Operate the library countywide and 2) Operate individual municipal libraries. She indicated that more would be known after August 6. Staff is asking council for direction related to the IGA' s three points 1) prioritize what suppleIDi~ntal services might be desired; 2) identify other issues to resolve through IGA and 3) determine if city should continue seeking IGA if county determines to privatize library services. Staff is also recommending that council create and appoint a citizen advisory ad-hoc committee to review and evaluate the services that the library will provide in the short-term, identifY and recognize the delivery of future services and to be responsible for receiving community input concerning the Ashland public library. In the long-term, this group would work in conjunction with regional and municipal groups to identifY long-term library funding options and library governance options. In addition, this group would serve as a liaison with the county library advisory group. Pam Vavra/457 C Street/V oiced appreciation to city staff for the recommended priorities as presented. She shared that a group of library supporters were meeting weekly at Peace House. She suggested that staff continue to work with this group to receive and weigh the options that have come out of this: group when considering the prioritizing oflibrary services to be considered by council. She voiced her appn::ciation of the recommendation for a citizen ad-hoc committee and suggested that to include in the contract m:gotiations an early review that may provide flexibility with the contract based on the findings of the library ad-hoc committee. Councilor Hartzell arrived at 12:48 p.m. Ms. Vavra specifically suggested that when considering the amount for purchasing new materials, that staffing be included in this amount. In addition, she suggested that there are a number of items that are already paid for that should be available at no cost, omit items associated with increase use which could be covered by the user fee and in regards to privati;:ation suggested tkit tlleI:; Ie; ,l:i '\'ph,ut"' eL\use or a requirelllent by the city on any significant changes to the county's plan for operating the library. City Administrator Martha Bennett explained that the city \\'ould need to have an IGA even if the county privatizes, what it will affect is who hires the staff. The city would need to have a contract because the county owns everything in the building. The council needs to see what comes from the RFP that the county issues and to then review at that time if the "opt-out" clause is necessary. Council discussed the service priority, user fees, cost recovery for room use and the ad-hoc library committee. Clarification was made that the committee would not be involved in the negotiations of the IGA but would be involved in the operations aspect. Council voiced their concern with privatization and out-sourcing. Staff clarified that "outsourcing" would not be for private libraries but would be operated by a private company. Ms. Bennett stated that this may not be an issue and that staff was trying to determine how the council felt about this issue and that there: was nothing "concrete" at this point. Councilor Hartzell requested staff to review the language of proposed ballot measure on the liibrary levy to determine ifthere is requirement that the city spend the money in consort with the county. She indicated her desire to part of the ad-hoc committee. Staff clarified who would be subject to the user fee, what the over-due book cost included and if the proposed committee's duties could include examining the possibility of going into a district long-term. CiTY COUNCiL CONTiNUED MEETiNG JULY 18,2007 PAGE 3 of8 Councilor Hartzell noted the importance of selecting individuals who have not necessarily been supportive of the library proposal, that the committee should be a mix and that one meeting every 3 months may be too little initially. Councilor Silbiger cautioned against spending too much for new materials and advised taking advantage of the internet access. In regards to out-sourcing, he voiced concern with the city putting negative aspects in the IGA as he felt this was a short-term fix and should be separate from what the county decides to do permanently. He stated that if the city wants to run its own library it would be a "slippery slope" and should be a completely separate discussion outside the proposed 2-year plan. He felt this should be considered an interim plan and a long-term solution should be a separate issue. Councilor Navickas voiced support for an option where the city could do both the interim plan and a long-term plan. Ms. Bennett advised the council that they are "not there yet" and that the county will not meet with the city until they get the results of the RFP. She understood that there is a consensus by the council against out- sourcing but that they would need to wait to discuss further with the county. Staff would be bringing this back to the council for further discussion in several weeks. Councilor Jackson/Silbiger mls that staff proceed with advertising for the Library Ad Hoc: Committee along the lines of the draft presented. Voice Vote: all AYES. Motion passed. 3. Adoption of 2007 City Council Goals Councilor Hartzell voiced her appreciation of staff for bringing this to a level of completion. She does not believe that there is anything in the top votes, other than the visioning-plan that staff has not already begun to work on and is in the adopted budget. Having made this statement, she does not believe that what the council Jid was prioritize. Shed relt that by getting kip \utc.' i; r..,t1;;;;b i;hJIC [hilil a ",)t1':1\\ \utc" ;lId lh,;: ;:;1 ;ii,C::i.:;c:., prioritization needed to be fully discussed by the council. She encouraged council to schedule a study session to discuss and acknowledge the prioritization and impkrncllL,tion ortllese goals. 1\ls. Ilal1/ell also cbriticd that she did not place the Riparian Ordinance on the gOld list as she thought it has been on the goal list for the past six or seven years and is frustrated on what where they are with this goal and that it is moving too slowly on the priority list. Councilor Navickas voiced his support on the group of goals and does not feel that there is a need to prioritize and he feels they all have equal priority. He voiced his concern with the prioritization of the citywide transportation strategy and felt that the downtown plan process is more important as being more housing/pedestrian oriented. He felt that transportation has always been prioritized and how this exploits cities. He requested that the Downtown Plan be moved into the top goal group. Councilor Hardesty voiced her support with outcome of goal list but voiced her concern with how things are going to fit together and that if the visioning is included in the top group that it should encompass other goals. She stated that goals #2 and #5 are independent and should be initiated soon but that the transportation plan, workforce-housing plan and others are related and dependent upon the visioning process. She suggested that council discuss how to integrate "time wise" and use the Downtown Plan as part of the visioning. Councilor Silbiger agreed that some of these goals are independent and that the visioning leads into the transportation plan. He felt the council could realistically consider the Group A goals and that these should be the ones that are identified by what departments would be responsible. He is comfortable with accepting the Goal A goals as the councils goals and to leave the Group B goals for the next I 'l1 years. The council should CITY COUNCIL CONTINUED MEETING JULY 18,2007 PAGE 4 of8 be conservative in the number of goals they adopt and they should consider quality over quantity. Councilor Jackson voiced support with the Group A goals and noted the votes in both groups. She stated that visioning is first and that it leads to everything else and she does not consider the others as part of visioning. Visioning needs to be more broad and open-ended rather than focusing on the Downtown Plan. She endorses the Group A goals and suggests that staff come back with work plans as has been presented. Councilor Hartzell was not sure how goals were placed in each of the groups and advocated that the council not let goals fall away. She noted the following goals she would like to see moved forward I) Railroad property and 2) Employee Assistant Housing. She indicated that the Fire Departments are "heavy" on the goals associated with them. Councilor Hardesty stated that council should be flexible about the visioning because if it is al community visioning and citizens are involved there may be goals in the other groups that are brought forward. Councilor Jackson did feel that the council was being flexible and that the purpose of prioritizing is to give:: guidance to staff. City Administrator Martha Bennett explained that if departments have to choose the list allows dt~partments to make decision on what to choose first and that this is not a stop work order on any other projects. Councilor Jackson recommended that the goals be adopted and to allow staff to begin work on the plan. Mayor summarized the discussion to add the Riparian study to Group A, add the top three Group B goals to Group A for ten goals. Councilor Navickas/Hardesty m/s to adopt goals, add Riparian Ordinance to the given list and move the top four goals moved into Group A. DISCUSSION: Hardesty eXplained that workforce housing has come up several times in the past and if this is put into retention strategy, it makes it only three goals instead offollr. ~<a\'ickas aL;u sugg;.::iL>J tL~l: :Lis c\.~~dd be r~d1..:\: i..:,. t: .-\L' l\.:,,~;': IIuL:~~;:;D g('~~:. \~~ L~'ljj','l: 1 ~;d ll;l~l council not direct staff how to do it at this point and Navickas clarified that his motion was to \::ccp it at tcn goals. Councilor Hardesty voiced her support for including the Downtown Plan, as she believes this follows the visioning process and this goal is very important to her. Councilor Navickas agreed that the Downtown Plan is closely associated with visioning. Councilor Silbiger does not support this argument and noted that this goal received only two votes at the goal session, and that if it leads into the Downtown Plan that would be okay but it would also be okay if it does not. He felt that there are a lot more areas in this town that have equal or greater concern economically and he supports the top 10 goals that were presented as the official goals. Councilor Jackson voiced her objection to placing the Downtown Plan in the goals because it predetermines what is important about updating the municipal code. That there are many more acres available for redevelopment for both housing and econom ic use at the other commercial areas in town. That if there are jobs created other than tourist jobs; they will be outside the downtown area. Councilor Hartzell voiced her support of this goal, as it is a long-term goal. Roll Call Vote: Navickas, Hardesty and Hartzell, YES; Silbiger, Jackson and Chapman, NO; Mayor YES. Motion passed. 4-3. Councilor Hartzell left at 1 :35 p.m. Ralph Temple/Spoke on behalf ofthe Souther Oregon Coalition specifically on behalf of the Southern Oregon University Media Collective, Rogue Valley Unitarians Citizens for Peace and Justice, Ashland Elders, Ashland GTYCOUNCnCONnNUEDMEEnNG JULY 18,2007 PAGE 5 of8 Constitutioh.org, Ashland Committee on Police and Safety and the Southern Oregon Chapter of the ACLU. He stated that these groups had advocated to the council and their proposal had been accepted to make the selection of the City Attorney an open and participatory process. They are now disturbed and dismayed that the council in Executive Session made the decision to abort this process. He noted a letter that was sent to the Mayor and Council which called upon them to take corrective steps including giving the pubilc an explanation on why they aborted the process. He asked that as the council moves forward on this that they ke~:p the public involved and to formalize the process so that this is done in the future with any key city positions. He added personal comments where he recognized the time and effort that councilors put iinto making decisions that are before them. Mayor indicated that he would respond to Mr. Temple in writing. Art Bullock/Stated that selection process for hiring the City Attorney is a special case because there is a need to hire someone that has an Oregon State Bar License which is a limited field. He does not believ~: that this is a case where a "head hunter" needs to be hired and noted the cost saving benefit if it were done in-house. He stated that the proposed salary increase is not warranted and that evidence shows with the most recent process that there were candidates interested in the position at the current salary. He stated that decisions made in Executive Sessions are illegal and he asked that decisions be made in public as the law requires. 4. Continued Discussion on Follow-up of Mt. Ashland issues Mayor noted that the council had discussed in Executive Session the action to approve contracting up to $50,000 for litigation and a proposal by Councilor Chapman in regards to a strategy involving the Special Use Permit (SUP). He noted that council had not had time to complete this discussion last night and Councilor Chapman had requested that this be continued today. C;.I~jllcilur:~',i'ii~~.a~ vu;,,:~~I h:~ CUIL':.::n tll~tt ~;.:.l''',L;; ~ i: .,;1 ,ill "0'" :1:...Li ~t:...-,;" ,:,__;-~ ')\,-i~) j,,_i In; ;1-.... ;.,,:..i.........: this discussion and he does not feel this is appropriate t,) discuss this without notifying the public. Mayor clarified tlwt it is common practice of the coullcil to diSCI!",; items bruught t(H\\drd and that this meeting is a continued meeting from last night. That this item is 011 the agenda for discussion. Councilor Chapman felt that there needed to be more discussion on how to resolve the city's conflict with Mt. Ashland. He noted that at the June 27 meeting the council began discussion on the next steps for Mt. Ashland and council shared their long-term strategies. He stated that at that meeting he brought up the IPossiblity of transferring the SUP to Mt. Ashland. At the most recent Study Session he had stated that in order to resolve the issues with the Quality Assurance/Quality Control (QNQC) Team that the city require an agreement with Mt. Ashland. After giving this some thought, he thought this was inadequate and that it really takes all three parties (City of Ashland, Mt. Ashland and US Forest Service) to sit down and decide what to do. He feels that it is seriously time to consider a transfer with Mt. Ashland to achieve all that the city has been working toward. Councilor ChapmanlSilbiger m/s to authorize our City Administrator to represent the City to negotiate with Mt. Ashalnd Association and US Forest Service contractual agreements to transfer the Special Use Permit from the City of Ashland to Mt. Ashland Association. As our representative, she shall have the ability to seek legal, financial, technical or environmental advice at her discretion. The contract, approved by MAA, will return to the full council for final approval. This process sbould begin immediately. Our objectives are: 1) Obtain a final agreement on the QAlQC technical team and its authority, 2) Obtain a USFS agreement to re-evaluate restoration and adjust the bonding requiirement, 3) CITY COUNCIL CONTINUED MEETING JULY 18,2007 PAGE 6018 ReviewlUpdate MOU with USFS on watershed protection interests, 4) Form a MOU between the City and MAA on watershed protection interests, 5) Form an agreement with MAA to hold each other harmless with respect to the past and 6) Transfer the SUP and dissolve the lease agreement between the City of Ashland and MAA. DISCUSSION: Councilor Hardesty stated that she does not believe that this can be done. That it may be an interesting and worthy discussion but due to time contraints, not being prepared to discuss and no public notice it is not appropriate to do this now. Councilor Navickas agrees and believes that this is far-fetched and that the reason Mt. Ashland wants the city to give up the SUP is so to give up the directive. He believes that this maintains some of the directive and Mt. Ashland will continue to say the same things by not cooperating with a QA/QC team. That this is far-fetched and inappropriate to bring this up in this manner. Councilor Silbiger noted a newspaper article on the Mt. Ashland litigation issues and where neither side was willing to budge. He stated that the city is stuck in the middle between two sides that refuse to budge on an issue and it is costing the city time and thousand and thousands of dollars. That the two sides involved have one advantage in that the money being spent is not their money. He stated that the proposed motion is the first thing he has seen that may get the city out of this and he is tired of being in the middle of this issue as there is give on either side. Councilor Jackson stated that she has spoken several times on these same notions since beginning discussion on this subject in Executive Sessions because of pending litigation. She felt that it is worth a try to get the city out of the middle and spending tax payers dollars where no one else is willing to negotiate. She felt that there will be opportunity to discuss many more details than what is listed in the motion. That this is a good start and a that it is time for the city to change their attitude when looking for a solution. Councilor Navickas appealed to Mayor in terms of civic process and not to allow a vote at this time due to absence of a councilor and no public notice. He felt that this will result in incredible anxiety and antagonism \Vit}lin the CI1Vlr\"\lll:ll:nt:1l '.2l-lli-llllunit),. lIe ~<l;':i '1-: . 'f' ~::.; tLi.'; L:i\.:k \\'IICll tL,-'L.~ ;~.; .i r~;11,.>,~.1;,-il ~t:1J ~l properly noticed meeting. He asked that this he voted el(>\\;l. I k stated that this is nut only :\bOllt getting the city out ofa lawsuit hut ;mltecting our \\akr:-.h:d :h ,\ \\ ),,1: :'1\: plutccling uur cily (i":nUI1i::cc~:r:, !::Ihility. Mayor explained that although it is ideal to have a full council when making decisions there has been many times when decisions are made without a full council. He gave several examples of when this has happened. He clarified that public notice was given as part of this meeting which included follow-up discussion on Mt. Ashland issues. He stated that what is being proposed is not "giving anything away" but is something that everyone has been looking for which is a strategy which could yield win-win situations rather than continuing to spend taxpayers money and keep the city at odds. He felt that this offers an opportunity to protect our watershed by coming to an agreement which is formally written out, agreed upon and legally bound to, which the city does not have currently. He voiced his strong position of protecting our watershed, source of water and expecting MAA to operate in an economically responsible fashion. He is looking for ways to ensure this and if MAA is not willing to bargain in good faith, the city only ends up where they currently are and have lost nothing. He stated that any agreement with MAA with have to come before the council and if the City Administrator detects that MAA is unwilling to discuss issue than this will be reported back to tht: council. He does not see where there is great risk or downside but sees potential for an upside and a number of steps protecting the city along the way. He does not agree that because there is not a full council present makes it impossible to move forward on the decision. Ms. Bennett stated that she could not comment on the substance as the substance is a policy decision but did anticipate the question from MAA on why they should negotiate with the City Administrator and she can speak on behalf ofthe council. She stated that she can negotiate but not sure if she could deliver four votes ofthe CITY COUNCIL CONTINUED MEETING JU[ Y 18, 2007 PAGE 70f8 council. Mayor advised the council that is in favor of th is proposal that they should consider the position they are placing the City Administrator. Assistant City Attorney Richard Appecillo clarified that there is no requirement to have a public hearing or to take public input. Council is allowed to add items to the agenda, that they could consider voting to add this item to the agenda or not. Direction was made that council proceed with proposed motion. Mayor acknowledged that there may be harsh feelings involved by moving forward with the proposed motion. He asked if the council should consider the urgency ofthis issue and if they should wait until there is a full council to make a decision. Councilor Hardesty acknowledged that her role in the decision making for the Glen Street issue was a mistake and doing things with an incomplete council is political and that this would be a mistake too. She is not opposed to further discussion but she objects to doing it now. Councilor Chapman explained that he had been trying to discuss this since February and that this was placed on the agenda for the June 27 meeting. That this issues has been previously introduced and discussed. He stated that he would rather have a full council, but he did not realize that discussion was going to t:tke place on goal setting. He is aware of how Councilor Hartzell would vote and does not believe it would make any difference in the outcome. Councilor Hardesty stated that it is not a matter of knowing how a councilor would vote but that a councilor is not allowed to speak and that the public is not being allowed to speak.. Councilor Chapman voiced his confidence that City Administrator could do the negotiating as she is well aware of how all parties feel about this issue. Councilor Navickas stated that council should be very careful in doings this and that there is an established hi':?r~lrchy within the F(n~';t SCf\'ice 011 lc:1::;e'; and hn.! J"';i1':~'nw!:t pnlicics. Tk c':rh;"c"l :h"f 'h' F"r':"1 Service owns the prope:'ty ~1'1c1 gives to t~le Spec;11!' >,' 1:"),I':r \'.ho h:1; the l11C!st Jll'.!wri:y :1:>.1 ,1:,::, th:1t ;; Sivcl1 to a sub-le,!:.;cc, T:l:l[ tite.: SUP II,d.!cl i~ the:: I,': ,,:' '. :,::: 1';'I,t1 :'!:ii1:' :: ',,; " ::. 'J gives this up, unless the contract is so strong, he doubts that it will result in anything. His position is that the city has a strong case as long as they hold the SUP. That it is not just about this project but about long-tenn problems. As the SUP holder the city would have the power and leveraged to place on the MAA to address problems. He stated that the past there has been a neglible city government who has looked the other way over gross abuses. If we have a responsible city government that is willing to go up there, look at the problems and put pressure on MAA to address these problems as the SUP hold the city has this power. Councilor Jackson objected to the tenn "giving it up" and re-read aloud the objectives of the proposed motion. Stated that the council is not closing doors but looking at things in a different angle in order to make some progress. Councilor Navickas stated that the Forest Commission is already working on updating the Memorandum of Understanding (MOU) with the Forest Service which is included in the motion. He felt that this is a broad motion with a lot of possibilities and changes it. Given that he has just received this proposed motion he has not had time to understand what it is about and that it should have staff review before being put before the council. Roll Call Vote: Silbiger, Jackson and Chapman, YES; Navickas and Hardesty, NO. Motion passed 3-2. NEW AND MISCELLANEOUS BUSINESS CITY COUNCIL CONTINUED MEETING JUL Y 18, 2007 PAGE 8 of8 1. Renewal of Cooperative Marketing Agreement with the Bonneville Environmental Foundation for the Sale of Green Tags City Administrator Martha Bennett explained that the city has an agreement with Bonneville Environmental Foundation to market green tags and in exchange, the city gets $1 per green tag. This contract renews this arrangement with one change, which is that the city does not get the $1 if the green tag is sold to a non-profit or government agency. Staff is requesting approval to renew this agreement. Councilor Jackson stated that this is a program that the city has been involved in since its inception. It has been used as awareness tool to give people an opportunity to learn more about the energy situation and to invest in less impact means. Councilor Hardesty left the meeting at 2:15 p.m. Councilor Navickas left the meeting at 2:16 p.m. Councilor Jackson/Chapman m/s to approve renewal of cooperative marketing agreement with the Bonneville Environmental Foundation with the change regarding the $1 refund not applying to bulk governmental purchases. Voice Vote: all AYES. Motion passed. ADJOURNMENT Meeting was adjourned at 2: 17 p.m. /}/ !jfJ/~/,Ij t U"lir.c'~_ Barbara ChrIstensen, CIty Recorder \ C\ (\ ~) " \ \ J I ,'~'v--v~~-r \ ) \1 'L \ c '<"c__ Cjw. MmTi,o,t ~byo< SUP Transfer Motion David Chapman 7/18/2007 I move that We authorize our City Administrator to represent the City to negotiate with Mt. Ashland Association and US Forest Service contractual agreements to transfer the Special Use Permit from the City of Ashland to Mt. Ashland Association. As our representative, she shall have the ability to seek legal, financial, technical or environmental advice at her discretion. The contract, approved by MAA, will return to the Full Council for final approval. This process should begin immediately. Our objectives are: 1. Obtain a final agreement on the QA/QC technical team and its authoritJ. 2. Obtain a USFS agreement to re-evaluate restoration and adjust the bonding requirement. 3. ReviewlUpdate MOU with USFS on watershed protection interests. 4. Form a MOU between the City and MAA on watershed protection interests. 5. Form an agreement wffJl MAA to hold each other harmless with respect to the past. 6. Transfer the SUP and dissolve the lease agreement between the City of Ashland and MAA. MEMO To: City Council, Mayor Morrison, Martha Bennett From: Cate Hartzell August 29,2007 RE: Consideration of MAS A Special Use Permit I am forwarding for your review a preliminary list of questions that I believe are fundam(:ntal to discussions about negotiating away the MASA SUP. Several questions in the Strategy section are related to the motion approved July 18th by the Council majority. This list of questions is not exclusive, but is offered to indicate how complex ANY solution to a complex problem is going to h~. I will forward the results of my research later this week. A. Valuation: AI. If the City is prohibited from dispensing assets at less than market value, how do we go about determining the market value of a Ski Area SUP? . What are others of its size selling for? . What is the earning potential of the area, as reported in annual reports with existing activity? . What is the earning potential in comparable USFS Ski Areas that host varied activities year- round? A2. How shall we arrive at the value of the ski area-related assets that the city owns under the lease if the city sells the SUP, rather than gets "Minimum Liquidation Value?" A3. What form of payment is being considered? B. Impacts B 1. There's a broad and increasingly diverse range of activity that is automatically allowed at USFS Ski Areas. For financial and other reasons, the USFS is encouraging expansion ofthe types of activities that happen in ski areas. What is the full list of activities that can happen under a USFS ski area SUP? This relates to earning potential and market value (above), as well as to potential, unanticipated impacts to the watershed and community. The following activities are among those occurring at other ski areas: o Other recreation (biking on slopes and downhill to town), motorcycling, o Festivals (wine, music, etc) o Increased night lighting o Snow making o Resort/residential development o Ziplines and gondolas from local towns to ski area o Land trades B2. There's a market in USFS Ski Area SUPs, and evidence of consolidation. What regulations govern MAA selling the SUP? Presumably, the financial transaction is separate from USFS approving and processing a transfer of the SUP. What legal constraints would any agreement between MAA and the City have on a company that holds the SUP with the USFS? C. Restoration: C 1. One fundamental policy decision is whose standards would be used for restoration a(:tivity, the USFS or the City's. C2. What is the record of the USFS in enforcing restoration and rehabilitation in closed ski areas? Who pays, typically? How long does it take and what level of mitigation occurs? C3. The USFS has given its estimates on restoration of existing activity area? How will the City arrive at an independent estimate for restoring both existing and expansion areas? C4. Presumably, the City would require effectiveness monitoring ofrestoration efforts for more than 1-2 years. How is an independent estimate arrived at? Who pays for the work? Who conducts it, presuming MAA is no longer involved? C5. What is the record of an entity, governmental, environmental NGO, etc. successfully motivating the USFS to fund and repair unsuccessful restoration projects in ski areas 5-10 years after they are closed? C6. The 1997 Flood is one example of the USFS commitment to rehabilitating problem areas on the lands it manages after its management practices generate impacts on Ashland. How much did the USFS repair post-1997 flood? D. Strategic D 1. What power is conveyed to the holder of an SUP? D2. What is the range of authority that the City has as the SUP holder? D3. What legal power is it reasonable to expect that the City would have to influence aetivity that occurs in the SUP area without holding the SUP and what experience is this based on? D4. Given that the record appears to be weak on the USFS enforcing restoration of a closed Ski Area, what is the liability that the City has as an SUP holder? D5. What other strategies are available to the city to achieve the presumed goals of a move to negotiate away the SUP? D6. Strategically, why is this a preferable time to consider giving up the SUP? Global warming will sharpen conf] Dry regions that now rely on irrigation wiII feel a deep thirst By DOUG STRUCK The Washington Post FRESNO, Calif. - Steve J ohn- son scans the hot, translucent sky. He wants to make rain- needs to make rain - for the parched farms and desperate hydro companies in this Cali- fornia valley. But first, he must have clouds. The listless sky of- fers no hint of clouds. Inside a darkened room near the Fresno airport, Johnson's colleagues study an array of ra- dar screens. If a promising thun- derstorm appears, Johnson will send his pilots into it in sturdy but ice-battered single-engine planes, burning flares of silver jr)(1i j() try to coax l'ilin frol11 the douds. This year, few promising clouds have gathered, to the dismay of the farmers, ranchers and power companies who hire , Johnson's cloud seeders. "We can increase the rain- fall by 10 percent. But Mother Nature has to cooperate. Ten percent of zero is zero," says Johnson, a meteorologist and director of Atmospherics Inc. A few miles south of Fresno, Steve Arthur is looking the oth- er way for water. His company is working around the clock, drilling wells to irrigate fields in California's 400-mile-long Central Valley, one of the most productive food-growing areas in the world. "People are really starting to panic for water," said Arthur, whose father started drilling wells in 1959. They must drill ever deeper to tap the sink- ing water table. "Eventually, the water will be so deep the farmers won't be able to af- ford to pump it," he said. "There's only so much water to go around." As global warming heats the planet, people will take more desperate measures. The cli- mate will be wetter in some places, drier in others. Chang- ing weather patterns will leave millions of people without de- pendable supplies of water for drinking, irrigation and power. a growing stack of studies con- clude. At Stanford University, 170 miles away, Stephen Schneider, editor of the journal Climatic ,.~:f';> he said. But, "mechanistically, this is different. These projec- tions clearly come from a warm- ing forced by rising greenhouse gases." Farmers in the Central Valley, where a quilt of lush, green or- chards on brown hills displays the alehemy of irrigation, want to believe this is a passing dry spell. They thought a wet 2006 ended a seven-year drought, but this year is one of the driest on record. For the first time, state water authorities shut off irri- gation pumps to large parts of the valley, forcing farmers to dig wells. Farther south and east, the once-mighty Colorado River is looking sickly, siphoned by seven states before dribbling into Mexico. Its reservoirs, Lake Mead and Lake Powell, are dry- ing, leaving accusatory rings on to the shorelines and imperiling n river-ra n i 11.2' compan i e,:, Seager predicts that drought will prompt dislocations simi lar to those of the Dust Bowl. "It will certainly cause move- ments of people. For example. as Mexico dries out, there will be mi.gration from rural areas to cihes and then the U.S.," he said. 'There is an emerging sit- uation of climate refugees." Global warming threatens wa- ter supplies in other ways. Much of the world's fresh water is in glaciers atop mountains. They act as mammoth storehouses. In wet or cold seasons, the gla- ciers grow with snow. In dry and hot seasons, the edges slowly melt. gently feeding streams and rivers. Farms below are dependent on that meltwater; huge cities have grown up on the belief the mountains will al- ways give them drinking water; hydrDelectric dams rely on the flow to generate power. But the atmosphere's tem- perature is rising fastest at high altitudes. The glaciers are melt- ing, initially increasing the run- off, but gradually getting small- er; dis A Future of Downpours and Droughts Global warming is already affecting the water CJicle, increasing the number of dry days. punctuated with bursts of heavy precipitation - a trend that is projected to intensify. Climate projections from multiple models for the end of the 21st century- (compared with the end of the 20th century-': le:H rain ..-...- i --.. More rain ___"" L '''''''''''''''1 -(1,6 mmlda, 0.6 mmlday Precipitation Rainfall totals will Increase in some areas. decrease in others. ~' Precipitation intensity Total rainfall becomes concentrated into fewer days. Gl: thE en Th a I sp' thi tai d,'; lIli thl by ] tu< ed cr( Leu intense +--- --.. More Inteme ~'~',7i ..,f.f;'~~ 111; bu do fel ot] '~ ~ \:'j,,,1 <~- - ~-i;t:i"'" ~J::. .0'. ~,'r .""'. Dry days longer periods without rain. SOUilCf: Ir\I:~ParlM onamateChaoQe Change and a lead author for the authoritative Intergovernmental Panel on Climate Change (IPCC), pours himself a cup of tea and says the future is clear. "As the air gets warmer, there will be more water in the atmo- sphere. That's settled science," he said. But where and when it comes down is the big uncer- tainty. "You are going to intensify the hydrologic cycle. Where the atmosphere is configured to have high pressure and droughts, global warming will mean long, dry periods. Where the atmosphere is configured to be wet. you will get more rain. more gully washers. "Global warming will inten. sit: drought," he says. "Ar-d it will intensifY floods." ~. ",''If-=) 1na....~_1 #- -- I extreme wilds ~',""~J /' .i ~ ,/ #' _ dIy doys +- ~ lion dry days ~f[J...""~"'_' 'lfi "1"-__ rtPAll8:5lJNcuar;-T,*-~CIIlIPmT According to the IPCC, that means a drying out of areas such as southern Europe, the Middle East, North Africa, South Aus- tralia, Patagonia and the U.S. Southwest. These will not be small droughts. Richard Seager, a senior researcher at Lamont- Doherty Earth Observatory of Columbia University, looked at 19 computer models of the fu- ture under current global warm- ing trends. He found remarkable consistency: Sometime before 2050. the models predicted, the Southwest will be gripped in a dry spell akin to the Dust Bowl drought, which lasted through most of the 1930s. The spacing of tree rings suggests numerous periods of drought going back to A.D. 800, viII sharpen conflicts over water nd Droughts ru:reasing tlw number of dry days, md that is projected to intensify. 1'. (compared with the end of the 20th century-): Leu rain ~ ! ____ More rain """"""",,!", I ......_ -0.6 mm/day 0.6 mm/day he said. But. "mechanistically. this is different. These projec~ tions clearly come from a warm- ing forced by rising greenhouse gases." Farmers in the Central Valley, where a quilt oflush, green or- chards on brown hills displays the alchemy of irrigation, want to believe this is a passing dry spell. They thought a wet 2006 ended a seven-year drought, but this year is one of the driest on record. For the first time, state water authorities shut off irri- gation pumps to large parts of the valley, forcing farmers to dig wells. Farther south and east, the once-mighty Colorado River is looking sickly, siphoned by seven states before dribbling into Mexico. Its reservoirs, Lake Mead and Lake Powell, are dry. ing, leaving accusatory rings on the shorelines and imperiling river-rafting companies. Seager predicts that drought will prompt dislocations simi- lar to those of the Dust Bowl. "It will certainly cause move- ments of people. For example, as Mexico dries out, there will be migration from rural areas to cities and then the U.S.," he said. "There is an emerging sit- uation of climate refugees." Global warming threatens wa- ter supplies in other ways. Much of the world's fresh water is in glaciers atop Ll'.)llIltains. 'rhcy act a~ mammoth storehouses. In wet or cold seasons, the gla- ciers grow with snow. In dry and hot seasons, the edges slowly melt, gently feeding streams and rivers. Farms below are dependent on that meltwater; huge cities have grown up on the beliefthe mountains will al- ways give them drinking water; hydroelectric dams rely on the flow to generate power. But the atmosphere's tem- perature is rising fastest at high altitudes. The glaciers are melt- ing, initially increasing the run- off, but gradually getting small- 1:.) '\" ,~ i </t":;".'Ititi,:., lncreaseinMi~ . and East African i I J.euintense_~ l-- -:::,= )-J:"'~_J lnause in tropical i .,. ) ""Ione>wrth I : extreme winds \ andraint!U .1Ir ~:~il.",""" -":<1dap ~-I-;:;~~.~ , " f ,,-- trV4TT16JKQ.Aa-lI'.f:WilSltNiTOftI'OST According to the IPCC, that means a drying out of areas such as southern Europe, the Middle East, North Africa, South Aus- tralia, Patagonia and the U.S. Southwest. These will not be small droughts. Richard Seager, a senior researcher at Lamont- Doherty Earth Observatory of Columbia University, looked at 19 computer models of the fu- ture under current global warm- ing trends. He found remarkable consistency: Sometime before 2050. the models predicted, the Southwest will be gripped in a dry spell akin to the Dust Bowl drought, which lasted through most of the 1930s. The spacing of tree rings suggests numerous periods of drought going back to A.D. 800. er and smaller. Soon, many will disappear. At the edge of the Quelccaya Glacier, the largest ice cap in the Peruvian Andes. Ohio State University researcher Lonnie Thompson sat in a cold tent at a rarified 17,000 feet. He has spent rr.ore time in the oxygen- thin "death zone" atop moun- tains than any other scientist, drilling ice cores and measur- ing glaciers. He has watched the Quelccaya Glacier shrink by 30 percent in 33 years. Down the mountain, a multi- tude of rivulets seep from the edge of Quelccaya to irrigate crops of maize, the water flow- ing through irrigation canals built by the Incas. Even farther downstream, the runoff helps feed the giant capital, Lima, an- other city built in a desert. "What do you think is going to happen when this stops?" Thompson mused of the water. "Do you think all the people below will just sit there? No. It's crazy to think they won't go anywhere. And what do you think will happen when they go to places where people already live?" The potenbal for conflict is more than theoretical. Turkey, Syria and Iraq bristle over the Euphrates and Tigris rivers. Su- dan, Ethiopia and Egypt trade threats over the Nile. The Unit- ed Nations has said water scar- city is behind the bloody wars in Sudan'S Darfur region. In Somalia, drought has spawned warlords and armies. Researcher Seager suggests humans oug!tlt to bend more to nature than trying to bend nature. "We're not going to be able to carry on like we are," he said. "Do we really want to keep growing irrigated alfalfa in the high desert, in New Mexico and Arizona? It really makes no sense." tIIl11CtAn brings with her a unique and a contagious enthusiasm. Meridian MediSpa. we offer a range of treatment and skin packages. Call today to schedule personalized (()Ib~iltation m~rnol~n f'd (~(! i <1 League of Oregon Cities 82nd ANNUAL CONFERENCE and BUSINESS MEETIlVG September 27-29, 2007 - Bend Riverhouse Hotel & Convention Ce][)ter Designation of Voting Delegate at Annual Business Meeting The annual membership meeting will be held Saturday, September 29, at 8:00 a.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday morning prior to entering the business meeting. NOTE: Delegates may not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. FOR THE CITY OF VOTING DELEGATE: Name Title ALTERNATE: Name Title Submitted by (Signature) Return by September 7 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 Fax: (503) 399-4863 Name Title Telephone Number M \LOC\LOCCONF\2007\Voring Del Equip Exchange\voting de! equipxch Itr frrn wpd CITY OF ASHL.A.ND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Schedule for Rates and Fees Review September 4, 2007 Primary Staff Contact: Finance E-Mail: Public Works Secondary Contact: Martha Bennett Estimated Time: Lee Tuneberg AfVJ- Paula Brown Consent New D:> tvtinJ-f0 7 Statement: During the recent budget process and utility rate discussion, Council requested that staff review the City's rates and fees for the water, wastewater, storm drain and transportation utilities. This staff report provides the recommended schedule and process to evaluate and update these fees. Staff has also addressed the timing of an electric rates review so that Council may understand the timing and impact of projects before the City. Staff Recommendation: This item is presented for Council's information and to identify the rates and fees review process. Staff will continue to utilize the process as outlined below unless redirected by Council. Background: Each utility has a process to update the respective system's master plan which identifies tlhe specific elements, maintenance requirements, maintenance schedules, long-range planning for upgrades and improvements and critical capacity concerns. From those plans, the operating costs can be determined along with the systems development charges needed for system upgrades. Each utility is responsible for establishing rates and fees to provide sufficient funds to fully operate the utility system. The Ashland Municipal Code has the following sections pertaining to rates and fees: 4.26.020 Establishment of Transportation Utility Fee The City Council may establish by resolution a transportation utility fee to be paid by the owners or occupants of property within the corporate limits of the Ci(v. Such fee shall be established in such amounts which will provide sufficient funds to properly maintain local streets and provide for pedestrian facilities including handicap access and bicycle facilities throughout the City. ... The City Council may from time to time by resolution, change the fees based upon revised estimates of the cost of properly maintaining local streets and constructing pedestrian facilities including handicap access and bicycle facilities, revised categories of developed use, revised traffic generation factors, and other factors. During the budget process, the Finance Director was able to accurately characterize the difference between the operational costs and capital costs in the Street Fund (affecting both transportation costs and storm water portion of the utility) so that the basis for fees and rates can be readily updated. Pagelof4 cc- Rates and Fees Review ~A' CITY OF ASHL/\ND Currently staff is in the process of two actions that relate to the Transportation Utility Fee; 1) Completion of the Transportation (Street) Financing Task Force which will be presented to Council on October 1 st, and 2) Update of the Transportation System Plan (TSP) and Transportation System Development Charges (SDC). Staff is in the process of hiring a consultant (proposal review process to be completed on August 31, 2007) for the TSP and SDC update and expects the Plan to be completed not later than March 2008. It is proposed that the rates and fees discussion be a part of that analysis and potentially added to the consultant's contract. 4.27.050 Establishment of a Storm Drainage Utility Fee A storm drainage utility fee shall be paid by each person(.s) responsible and shall be established by resolution of the Councilfor commercial or industrial units, duplexes, mobile home parks. multiple family units, single family units and equivalent residential units. 1. Such fee shall be established in amounts which will provide sufficientfunds to properly manage and maintain public storm drainage facilities. 2. Such fee may be usedfor the construction of new storm drainage facilities orfor the extension of existing storm drainage facilities. 3. Council may from time to time by resolution, change the fees based upon revised estimates ol the cost o.l properly managing, maintaining, extending and constructing public storm drainage facilities. ... Currently staff is just beginning the Storm Water Master Plan update and SDC review, and has selected Kennedy Jenks to complete this work. It is anticipated that the project will be completed by the end of the calendar year. It is proposed that the rates and fees discussion be a part of that analysis and potentially added to the consultant's contract. 14.04.030 Water rate schedules The water rate schedules and senior discount rate shall be established by Resolution of the City Council.... copies o.l which shall be maintained in the office of the City Recorder and shall setforth the water rates for use and sale of water within and without the City Limits from the municipal water system. 14.08.025 Sewer Service Connection Rate Schedule Sewer service connection charges within the City Limits shall be as established by Resolution of the City Council.... copies olwhich shall be maintained in the office ol the City Recorder. The water and sewer master plans have either just been updated or are in relatively current condition. During the budget process, the Finance Director was able to accurately characterize the difference between the operational costs and capital costs so that the basis for fees and rates can be readily updated. The SDCs for water and sewer were completed in 2006, and other than validating project requirements, will not need a full update for the next several years. However, the rates for both water and sewer have not been evaluated for several years and should be done this fiscal year. It is proposed that staff write a request for proposals to evaluate the water and sewer rates and fees so that the work Page2of4 cc- Rates and rees Review ~~, CITY OF ASHLi\ND can be completed by March 2008. It is estimated that the cost of these services would be approximately $40,000. Status of Estimated cost Status of Master Status of SDCs Rates and to complete Plan(s) Fees Rates & Fees Analvsis Transportation In progress- In progress - Add to current Extra $10,000 completion scheduled completion scheduled SDC review for March 2008 for March 2008 Storm Drain In progress - In progress - Add to current Extra $10,000 completion scheduled completion scheduled SDC review for December 2008 for December 2008 Water Complete 2004 Completed 2006 Need a new Combined with (distribution) / 2006 evaluation WW (plant) (2008) Wastewater Complete 1998 (plant Completed 2006 Need a new Combined water (sewer) and will be updated evaluation and wastewater with the permit (2008) t()r a total of renewal in 2008) / $40,000 2004 (collection system) total (2008) $60,000 Not addressed in the above table are electric rates and their timing for review and adiustment. Below is an update. 14.16.030 Electric Rate Schedules The electric rate schedules shall be established by Resolution of the City Counci....copies of which shall be maintained in the office of the City Recorder. and shall setforth the electric rates for use and sale of electric energy and services within and without the City Limits.from the municipal electric system. (Ord 2250 S1, 1983; Ord 2673,1992) The need for changes in Electric rates remains fairly stable since we are enjoying lower costs from Bonneville Power Authority (BP A) that helps offset increased operational costs. Electric rate adjustments were put off until January 2008 and may not be required at that time. Staff will monitor costs and revenues and keep Council informed. A major rate review should be done as part of the next BP A contract negotiation that will be effect in the 2010-2011 timeframe. If Council is interested in significant rate structure changes staff would recommend that a review by an outside consultant occur late this fiscal year after most of the other adjustments have been addressed. The cost of the review would be dependant upon the outcomes desired and may be as expensive as the water and wastewater studies combined. Page 301'4 cc- Ratcs and Fees Rcvic\\ r:., CITY OF ASHLi\ND Related City Policies: City Budget Process Ashland Municipal Code Facility Master Plan documents: Transportation System Plan Wastewater Treatment Plant Facilities Master Plan Wastewater Collection System Master Plan Storm Water and Drainage Master Plan Water Treatment Facilities Master Plan Water Distribution System Master Plan Council Options: Council may accept staff's recommendations outright, provide alternative recommendations, request further analysis or reject the process as proposed. Potential Motions: This item is on the consent agenda and requires no specific action from Council. Should council desire to provide additional recommendations or redirect staff's efforts, this item may be called off the consent agenda and discussed this evening or discussed at a future time. Attachments: none Page 4 of4 cc- Rates and Fees Review r~' Council Communication CITY OF ASHIJAND Resolution Establishing the Citizen Library Advisory Ad hoc Committee Meeting Date: September 4, 2007 Primary Staff Contact: Ann Seltzer..t) Department: Administration E-Mail: ann@ashland.oLus Secondary Dept.: Secondary Contact: Approval: Estimated Time: 2 minutes Statement: Adoption of the attached resolution formally creates the Citizen Library Advisory Ad hoc Committee. Staff Recommendation: Adopt the resolution. Background: While standing committees are created either by resolution or ordinance, ad hoc committees are formalized via resolution at the discretion of the council. Given the potential length of time this committee may be in effect and the duties associated with the committee, council may wish to formally establish the committee via resolution. The City has received twenty one letters from people interested in serving on the committee. The Mayor is in the process of reviewing the letters, interviewing and finalizing appointments. The Mayor's recommendation for committee appointments will come to the Council, for confirmation, at the September 18 meeting. Related City Policies: ~2.04.080 Appointing Committees Council Options: Council can: · Adopt the resolution as written. · Identify changes to the resolution and adopt. · Decline to adopt the resolution. Potential Motions: I move adoption of the resolution establishing the Citizen Library Advisory Ad hoc Committee. Attachments: · Draft Resolution · ~2.040.080 AMC and Section 9 DRAFT Council Rules Page I of I ') 04 07 council communication Reso CLAC.doc -.. ._~ RESOLUTION NO A RESOLUTION ESTABLISHING THE CITY OF ASHLAND CITIZEN ADVISORY AD HOC COMMITTEE. RECITALS: A. The City of Ashland and Jackson County are working towards reopening the Ashland Public Library. B. The City desires to establish a committee to advise the City Council on matters relating to the Ashland Public Library, excluding daily administrative operations. THE CITY OF ASHLAND RESOLVES AS FOLLOWS SECTION 1. Committee Established. The Citizens Library Advisory Ad hoc Committee (CLAC) is established and shall consist of seven voting members. SECTION 2. Purpose and Duties. The purpose of the CLAC shall be to advise the City Council on matters relating to the Ashland Public Library, excluding daily administrative operations, once the library reopens. The committee shall have the following duties: A. Review services provided by the Ashland Public Library during the interim period from when the library reopens through June 2009. B. Identify and recommend the delivery of future services by the Ashland Public Library. C. Receive community input conceming the Ashland Public Library. D. Work in conjunction with regional and other municipal groups to identify long tem1 library funding options and library govemance options to be completed for council review by March 2008. E. Serve as a liaison with the County Library Advisory Committee. SECTION 3. Qualifications, Vacancies. Terms A. Voting members will include: one person with library experience, one person with finance and taxation knowledge, one person with issue-based election campaign experience and four at large positions preferably with representation of the various library users and partner organizations. B. In making the at large position appointments, the council shall give preference to applicants which represent the various library users and partner organizations. C. The CLAC shall establish a regular time. date and place of meeting and shall hold at least one regular meeting every three months and more frequently if needed. D. Any committee member, who is absent, without prior permission from the committee chair, from three or more meetings in a one-year period shall be considered no longer active and the position vacant and a new person shall be appointed to complete the term. E. The CLAC shall terminate in June 2009. SECTION 4 Meetings, Quorum, Reports A. At its first meeting the committee shall elect a chair, vice chair and one of its members to take minutes of the meetings and provide copies to the City Council. B. Four voting members of the commission shall constitute a quorum. C. Reports or recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city council. D. Meetings shall comply with Oregon Public Meeting laws. This resolution was read by title only in accordance with Ashland Municipal Code. 92.04.090 duly PASSED and ADOPTED this __ day of ,2007. Barbara Christensen, City Recorder SIGNED and APPROVED THIS _ day of 2007 John Morrison, Mayor Reviewed as to fonn: Richard Appicello, Interim City Attorney Attachment September 4, 2007 Ashland City Council Ashland Municipal Code 2.04.080Appointing Committees All committees not required by State law to be appointed by the Council shall be appointed by the Mayor with the consent of the Council, or in the Mayor's absence, any appointment necessary may be made by the presiding officer, with the consent of the Council. After the standing committees have been formally announced they cannot be changed except at a regular meeting of the Council and by a majority vote of the members present. All terms of boards, commissions and committees shall be extended to April 30 of each year, beginning with the terms expiring on December 31, 1989. (Ord. 1875, 1976; Ord. 2523(A) S2, 1989). Section 9.2 DRAFT Council Rules 9.2 Council Ad-hoc Committees The Mayor shall have the authority to form ad-hoc committees to deal with specific tasks within specific time frames and make recommendations to the Council. The Mayor or City Administrator may refer matters to the appropriate committee. The Mayor with the consent of the Council shall establish the tasks and the membership criteria for the committees. The reports of the ad-hoc committee shall only have the authority of recommendations to the Council. The Council has the authority to follow the recommendations, change the recommendations, refer the matter back to thc committee or take any action it sees fit. 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: September 4, 2007 Department: Community Development Contributing Departments: Legal Approval: Martha Bennett Primary Staff Contact: Brandon GoldmalJ 552-2076 E-mail: qoldmanb@ashland.or.us :;;:<< Secondary Staff Contact: David Stalheim 552-2043 E-mail: stalheid@ashland.or.us Estimated time (30 min) Request: Second Reading of an ordinance amending 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. Background The City Council held a hearing on the proposed ordinance on June 19th, 2007 and continued the First Reading of the ordinance to the August 21 st regular meeting. At this meeting the City Council approved the first reading of the ordinance and directed staff to modify the language in sections 18.24,040L and 18.28.040L to remove the qualifier "as now or hereafter amended by the Ashland City Council. " In reference to Resolution 2006-13. This term has been removed from the ordinance as currently presented. Upon further review of the ordinance the Legal Department has determined that the term "existing multi-family rental units" should be further clarified in the ordinance. As this term could be interpreted to mean either: . units that were in existence on the date the ordinance goes into effect, or . units that are in existence at the time an application for conversion to 'for- purchase housing is filed. Staff has provided two options for consideration below which would distinguish between these two distinct interpretations. Options Option A The following definition would establish that the proposed ordinance would only apply to conversions of apartments that were built prior to this ordinance: rA' For the purposes of sections 18.24.020 and 18.24.040 existing mllllti-family rental units are defined as dwelling units designed to house multiple households within one or more structures on a single property that were constructed and occupied prior to the effective date of this ordinance. Multi-family rental units constructed after the effective date of this ordinance are not subject to the provisions of Chapter 18.24.040 (L). This definition addresses a concern raised by members of both the Planning Commission and City Council that the ordinance as proposed could be a disincentive to future multi-family rental development. It has been standard practice in recent years for new developments on multifamily zoned property to be condominiums or town-homes from inception. It has been argued that this is due in part to the existing condominium conversion ordinance and the added affordability requirements that are triggered upon conversion. Thus this disincentive toward apartment development, as opposed to condominiums, has been in place since the original condominium conversion ordinance was adopted in 1989. Were future developments of multi-family rental units to be exempted from thH conversion provisions as shown in Option A, that would function to allow these developments to be initially be built as apartments, without subsequent provision of affordable housing. This change from Ashland's existing condominium conversion ordinance would provide further incentive to develop multi-family rentals as opposed to condominiums on vacant land when compared to the existing ordinance. Option B The following definition would establish that both currently developed apartmEmts as well as those built in the future would be subject to the requirements of the proposed ordinance regulating conversion of existing multi-family units into for purchasE! housing: For the purposes of sections 18.24.020 and 18.24.040, existing multi-family rental units are defined as dwelling units designed to house multiple households within one or more structures on a single property that were constructed and occupied prior to application for conversion into for- purchase housing. As the proposed ordinance would apply to both the R-2 and R-3 zoning districts the selected option would modify the Ashland Land Use Code by adding the definition under both 18.24.040L(8) and 18.28.040L(8). Related Policies A complete listing of related policies was included in the Council Communication dated April 1 yth, 2007 and is included in the public record for this ordinance adoption. 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 compmhensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. ') CITY 4:>F ASH Lfl\.N D 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 Ashlancl's Comprehensive Plan, the Ashland Housing Needs Analysis (2001) and Affordable Housing Action Plan, and the Oregon's Statewide Planning Goals and Guidelines. The spedfic sections of these documents that identify the public need to preserve multi-family rental housing as a needed housing type within the City of Ashland are provided in the Staff report dated October 10, 2006. Council Options: · Approval of Second Reading of the ordinance with amendments by reading in full any new sections (Option A or Option B as selected) · Deny the ordinance as proposed. Attachments: · Amended Ordinance No. incorporating either Option A or Option B as presented in this Council Communication Amending the Land Use Ordinances Concerning Conversion of existing multi-family rental units into for-purchase (Chapters 18.24.020, 18.24.030, 18.28.020 and 18.28.030) of the Ashland Land Use Ordinance Provided in the June 19th 2007 Council Packet · Ordinance No. Amending the Land Use Ordinances Concerning Conversion of existing multi-family rental units into for-purchase (Chapters 18.24.020. 18.24.030, 18.28.020 and 18.28.030) of the Ashland Land Use Ordinance · Exhibit A: Options for Conversion Matrix · Exhibit B : Actual Unit Table: Conceptual Conversion Alternatives Provided in the April 17'h 2007 Council Packet · Applicable Oregon Revised Statutes · Table showing 2007 Fair Market Rents as defined by HUD · Table showing 2007 Area Median Income including 60% and 80%AMI · Resolution 2006-13 (SDC Deferral Program) · Staff Report dated October 10, 2006 · Planning Commission Study Session July 25, 2006 · 10/24/2006 - Planning Commission Public Hearing minutes · 10/10/2006 - Planning Commission Public Hearing minutes · 8/21/2006 - Housing Commission public hearing minutes · 7/25/2006 - Planning Commission Study Session minutes · 7/20/2006 - Ad-Hoc Committee meeting - and Planning Commissions minutes · 6/27/2006 - Joint Housing and Planning Commission Study Session minutes Letters Attached:. Provided in the June 19th 2007 Council Packet Philip Lang Letter dated March 26. 2007 Melanie Mindlin Letter dated April 11, 2007 Don Skillman Letter dated July 28. 2006 · Brandon Goldman response to Melanie Mindlin letter (questions) dated June 11 2007. 3 ~A' ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE, REGARDING CONVERSION OF EXISTING RENTALS INTO FOR-PURCHASE HOUSING IN MULTI-FAMILY ZONING DISTRICTS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modi1~ Deletions are . and additions are in bold. ~ SECTION 1. Section 18.24.020. of the Ashland Municipal Code is amended to add the following new paragraph 18.24.020. K, as follows: K. Conversion of existing multi-family rental units, into for- purchase housing when authorized in accordance with Chapter 18.24.040 (L). SECTION 2. Section 18.24.030.J. of the Ashland Municipal Code is amended to read as follows: J. Condominium conversion of existing rentDI units subject to a Type I procedure Dnd demonstrDtion thDt at least 25% of the residentiDI units are affordDble for moderato income persons in Dccord with the standards estDblished by resolution of the Ashland City Council through proce8-Hfes contDined in said resolution. Current residents of rental units proposed for conversion to condominiums shDII hD'Ie first right of refusDI to purchase the unit. SECTION 3. Section 18.24.040. of the Ashland Municipal Code is amended to add the following new paragraph 18.24.040. L, as follows: L. Conversion of existing multi-family dwelling rental units into fc.r- purchase housing including the demolition of existing multi-family dwelling rental units, is subject to the following: 1) Existing multi-family rental unit structures may be allowled to convert all or a portion of the structure as set forth in Table 1 provided that the existing structure meets the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, CONDO CONVERSION ORDINANCE AMENDMENT 1 of8 outdoor recreation space, maximum permitted floor areill, waste enclosures, parking and bike storage. Table 1 Affordable Affordable Rontals(per Ownership (per Section Number of Dwelling Market Rate Section Market rate 18.24.040.L.5 Units on Tax Lot Ownership 18.24.040.L.5.B rentals .A) 2-4 100% 0% 0 0% 5-12 75% 0% 25% 0% 13-24 50% 0% 50% 0% 25-48 25% 0% 75% 0% 49+ 0 0% 100% 0% 2) Existing multi-family rental unit structures may be allowed to convert all or a portion of the structure as set forth in Talble 2 and the standards below when the existing structure dOles not meet anyone or more of the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, outdoor recreation space, and maximum permitted floor area. a. Conversion of an existing multi-family structures to for- purchase housing shall comply with the following general regulations and the site design and use standards of the zoning district: number of bike alnd automobile parking spaces, trash and recycling enclosures. b. Conversion of existing multi-family structures to for- purchase housing shall demonstrate that there ani! adequate public facilities and public services available to serve the development, including but not limited to water, sewer, electric, fire protection, and storm drainage. c. Conversion of existing multi-family structures to for- purchase housing shall improve the street frontagle to meet adopted Ashland Site Design and Use Standards and Street Design Standards, including landscaping, sidewalks and street trees. CONDO CONVERSION ORDINANCE AMENDMENT 20f8 Table 2 Affordable Affordable Ownership Rentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.24.040.L.5.B rentals 18.24.040.L.5.Al 2-4 75% 25% 0 0% 5-12 56.25% 0% 25% 18.75% 13-24 37.50% 0% 50% 12.50% 25-48 18.75% 0% 75% 6.25% 48+ 0.00% 0% 100% 0.00% 3) As an incentive to provide affordable rental housing uni1ts above minimum requirements in projects of five or more! units, an applicant shall be granted an equal percentage of for,. market ownership units per Table 3. Table 3: Affordable Affordable Ownership Rentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.24.040.L.5.B rentals 18.24.040.L.5.A) 2-4 na na na na 5-12 68.75% na 0% 31.25% 13-24 62.50% na 0% 37.50% 25-48 56.25% na 0% 43.75% 48+ 5000% na 0% 50.00% 4) Units designated as market rate or affordable rental units shall be retained as one condominium tract under one ownership. This remaining rental tract shall be restricted from furth~!r consideration of conversion to for-purchase housing. 5) Affordable Housing Units provided under 18.24.040 L(2) and 18.24.040 L(3) shall meet the following affordability standards: a. Affordable Rental Units shall be affordable for rent by households earning at or below 60% of the area median income in accordance with the standards established by Resolution 2006-13. b. Affordable Ownership Units shall be affordable fOlr purchase by households earning at or below 80% of the area median income in accordance with the standards established by Resolution 2006-13. Resolution 2006-13 is specifically incorporated herein by this reference and attached hereto as Appendix A. CONDO CONVERSION ORDINANCE AMENDMENT 30f8 6) Prior to offering any units for sale the developer must clJmply with section 15.104 of the Ashland Municipal Code 7) Conversion of existing rental units into for-purchase housing shall comply with the tenant rights provisions under Ch,apter 10.115 of the Ashland Municipal Code. 8) Insert either Option A or Option B here as selected by the City Council at the second reading of the ordinance on 5eptE~mber 4, 2007. SECTION 4. Section 18.28.020. of the Ashland Municipal Code is amended to add the following new paragraph 18.28.020. K, as follows: K. Conversion of existing rental units into for-purchase housing when authorized in accordance with Chapter 18.28.040 (IL) SECTION 5. Section 18.28.030.J. of the Ashland Municipal Code is amended to read as follows: J. Condominium convon:;ion of oxisting rent:J1 units subjoct to :J Typo I prooodure :Jnd domonstr:Jtion th:Jt :Jt 10:Jst 25% of tho rosidonti:J1 units :Jro aff-ord:Jblo for modor:Jto incomo porsons in :Jccord with tho st:Jnd:Jrds ost:Jblishod by roeolution of tho ^shl:Jnd City Council through proC08ttfes cont:Jinod in s:Jid resolution. Curront rosidonts of rent:J1 units proposod for convorsion to condominiume ch:J1I h:Jvo firet right of rofus:J1 to purchase tho unit. SECTION 6. Section 18.28.040. of the Ashland Municipal Code is amendl~d to add the following new paragraph 18.28.040. L, as follows: L. Conversion of existing multi-family dwelling rental units into for- purchase housing including the demolition of existing multi-family dwelling rental units, is subject to the following: 1) Existing multi-family rental unit structures may be allowE~d to convert all or a portion of the structure as set forth in Talble 1 provided that the existing structure meets the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, outdoor recreation space, maximum permitted floor area, waste enclosures, parking and bike storage. CONDO CONVERSION ORDINANCE AMENDMENT 40f8 Table 1 Affordable Affordable Rentals(per Ownership (per Section Number of Dwelling Market Rate Section Market rate 18.28.040.L.5 Units on Tax Lot Ownership 18.28.040.L.5.B rentals .A) 2-4 100% 0% 0 0% 5-12 75% 0% 25% 0% 13-24 50% 0% 50% 0% 25-48 25% 0% 75% 0% 49+ 0 0% 100% 0% 2) Existing multi-family rental unit structures may be allowl~d to convert all or a portion of the structure as set forth in Table 2 and the standards below when the existing structure dOE~s not meet anyone or more of the following general regulations of the zoning district: permitted density, yard requirements, maximum height, maximum lot coverage, outdoor recreclltion space, and maximum permitted floor area. a. Conversion of an existing multi-family structures to for- purchase housing shall comply with the following general regulations and the site design and use standards of the zoning district: number of bike and automobile parking spaces, trash and recycling enclosures. b. Conversion of existing multi-family structures to fl:>r- purchase housing shall demonstrate that there arE! adequate public facilities and public services availlable to serve the development, including but not limited to water, sewer, electric, fire protection, and storm drainage. c. Conversion of existing multi-family structures to for- purchase housing shall improve the street frontage to meet adopted Ashland Site Design and Use Stand,ards and Street Design Standards, including landscaping, sidewalks and street trees. CONDO CONVERSION ORDINANCE AMENDMENT 50f8 Table 2 Affordable Affordable Ownership Rentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.28.040.L.5.B rentals 18,28.040.L.5.AI 2-4 75% 25% 0 0% 5-12 56.25% 0% 25% 18.75% 13-24 37.50% 0% 50% 12.50% 25-48 18.75% 0% 75% 625% 48+ 0.00% 0% 100% 0.00% 3) As an incentive to provide affordable rental housing uni1ts above minimum requirements in projects of five or more' units, an applicant shall be granted an equal percentage of for.. market ownership units per Table 3. Table 3: Affordable Affordable Ownership Hentals(per Number of Dwelling Market Rate (per Section Market rate Section Units on Tax Lot Ownership 18.24.080.L.5.B rentals 18.28.040.L.5.A) 2-4 na na na na 5-12 68.75% na 0% 31.25% 13-24 62.50% na 0% 37.50% 25-48 56.25% na 0% 43.75% 48+ 50.00% na 0% 50.00% 4) Units designated as market rate or affordable rental units shall be retained as one condominium tract under one ownership. This remaining rental tract shall be restricted from furthnr consideration of conversion to for-purchase housing. 5) Affordable Housing Units provided under 18.28.040 L(2) and 18.28.040 L(3) shall meet the following affordability standards: a. Affordable Rental Units shall be affordable for rent by households earning at or below 60% of the area median income in accordance with the standards established by Resolution 2006-13. b. Affordable Ownership Units shall be affordable fOlr purchase by households earning at or below 80% of the area median income in accordance with the stand;ards established by Resolution 2006-13. Resolution 2006-13 CONDO CONVERSION ORDINANCE AMENDMENT 60f8 is specifically incorporated herein by this reference and attached hereto as Appendix A. 6) Prior to offering any units for sale the developer must c()mply with section 15.104 of the Ashland Municipal Code 7) Conversion of existing rental units into for-purchase hOlUsing shall comply with the tenant rights provisions under Ch.apter 10.115 of the Ashland Municipal Code. 8) Insert either Option A or Option B here as selected by the City Council at the second reading of the ordinance on SeptE~mber 4, 2007. SECTION 7. 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 pkmning ~ctions not othorwiso listod or dosign~tod ~s ~ Typo I, II or III procoduro. 9. Other planning actions not otherwise listed or designated als a Type I, II or III procedure. SECTION 8 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 9. 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 10. 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 5-7) need not be codified. CONDO CONVERSION ORDINANCE AMENDMENT 70f8 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: Richard Appicello, Acting City Attorney CONDO CONVERSION ORDINANCE AMENDMENT 80f8 CITY Of ASHLAND Council Communication _._---_.__.._~--------~-_._---_._. ---- ---,-'-- ---- ~.-. ,--- -------------- ... _Arl_Ordin~!lc~Revisin~ft.s~~~nd_ E!hic::s _Provi.sion~(AMC 3,.08.0~Q)___ Meeting Date: AUAI)sJ 7 ;aoo1 Department Legal . Contributing Departments:nnnriAI Jf( Approval: Martha B7f'l1/ Primary Staff Contact Richard Appicello E.mail appicelr@ashland.or.us Secondary Staff Contact E.mail Estimated Time: 20 minutes Statement: Attached please find two ordinances. The first ordinance is the marked up version the Council has seen thru April 2007. The second ordinance (version 2) is a clean copy of the first ordinance with a few recommended changes made after I discussed the ordinance with the Planning Commission. You have seen this ordinance once before. The differences occur in Paragraph E, E.7 and H and are discussed below. Both ordinances would amend the ethics provisions in Ashland Municipal Code in accordance with Council direction from last year The primary change 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 (Paragraph E.4) 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 (1st ordinance) or Mayor (2nd ordinance) making the determination of applicability to appointed and elected officials. The Council will be asked to consider additional Judicial Ethics in a separate ordinance. 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 (Paragraph EA) 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. (Paragraph 0.2) Finally, the proposed ordinance permits determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by the City Council (1 st) or Mayor (2nd) for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to provide violations are considered cause for discipline. After informal discussion of the ordinance with the Planning Commission I recommended a few changes to the draft ordinance. To address statutory requirements for some Boards and Commissions, the first Paragraph under E now contains the following disclaimer at the end: -~.~~-~-------_.__._-- JIIF~~. .,.. "1 ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS ~ ---~ ---~-----------~.--__~n_ ~---~---- 1 l_~;dO~~~~~~~ '~~~Wa~~:~~~~Sa~;~:dd:/lti~;~ tO~he cOd:_se:t~ns being modified. De~tions ar~ _ ___ RECIT ALS: 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 Q!l1:>ti.c officials, including_~lect~(L offi9aJsLapP9im~d offigalL'Lnd_employees be independent, impartial and responsible to the people; that governmental decisIOns and policy be made in the proper channels of the governrnental 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 empffiyeespublic...Qfficials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all ~eyeesR!!blic offic;ials 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 employccclPublic 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. I I B. 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 emplo)'eesQublic Qfficials. Responsibilities of Public Office. ~Pubhc officials are agents of public purpose and are employed~ngaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Page I of 4 FILENAME \p G:\lcgal\Mike\Or,linances\Ethics Amendments OId,Jdoc~e~!!l\Mike\Org.iI)B~ElhifL^metttlffieflI3 Ore ~~jes--^~.OO€ c Dedicat~d_ Servlc~ All empleyeesllld1:>Jic:: QLflgaL;; of the City should be--ffiyat-wQIktc ~.ldPj)0r1 the political objectives expressed by the electorate and the programs developed to attain those objectlves Appointive Qffic1i1l.S-,'lneJ employees should adhere to the rules of work and performance established as the standard for thelT positions by the appropriate authority. 1- Employees..__ ~uQllcQfjlC:lal~ should not exceed their authority or breach the Jawor ask others to do so, and they should work in full cooperation with other employee5gublic offi_cia~ unless prohibited from so doing by law or by ol1lC1ally recognized confidentiality of their work. J) Fair aneiJiQt1ill Jreatmcnt. I. Intere~Lill-^JmQImmeI1ts. Canvassing of mcmbers of the Councilor Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointmcnt to the City service shall disquahfy the candidate for appointment except with reference to positions fIlled by appointmcnt by the Mayor or Council. 2 Uss: of Public:: Propen}'. No emp]oyee Qll.bI i(;officUILshall request or pennit the use of city-owncd vehicles, cquipment, materials or property for personal convenience or profit, except when such services are available to the public generally or arc provided as municipal policy for the use of such employee in the conduct of official business _QLa~jL~ecjfica])'y'_gefll1~l_benefij ill e.:ompensi1Jion.Qf emQlQYillel11. 3. Ob]igationsJo Citizelli. No employeepublic official shall grant any special considcration, treatment or advantage to any citizen beyond that which is avai]able to every other citizen~~cpj <lli olhe[\v.lseps:.lJ:nit~djJy JawQL.9rdinarr.ce E Conf1ict.~of Interest. No-employeeRublic o[flcj~l, 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 eHlf}loyee's-Q\J.Qlj~Qffici.ill'~officia] duties in the public interest or would tend to impair independence of judgment or action in the performance of that cmp]oycc'spublic..Q.fficiill's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or politica] association. Specific conflicts of interest are enumerated below for the-guidance 6~; I Inco.1!illatib]c 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 Disc]osur~~LConfidentia] Information. No ewbli'2..QfficillLmpJ-oyee shall, without proper legal authorization, disclose confidential infonnation concerning the property, government or affairs of the City. Nor shall any emp]oyee public oJjiciaLuse such infonnation to advance their financla] or private interest, or the financial or private interest of others. 3. Gifts an.!! Favor~. No employee-public..QfIici<iLshall accept any valuable gift, whether in the forn] of service, loan, thing or prormse, from any person, firm or corporation which to their know]edge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (I) accept any gi ft, 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 shal! 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 FI LEN AM E \p G: \legallM ike\Qrdi n3!,ces\Ethics Arnend.meD15.Qrd.::.l" doc(J.JI!,g!!l1.~ik(;\ Or~fflet~Gffi -:c~aAMtk~~tffies-AmemlmeFlls4.}C representing hllllself/herself as a private citizen on purely personal business..H_ NQ .aj2QQJJ1t(~d QfficiaL~hall rL]JresenLa .(;henUor hire.hefuLel~ boani.9I cOfJ1mis~ion J9.\\I.!:licllJ.haLQffi.<=ialj~ <iPPQintf.9_ or in_<!r1Y.Al:1io1LQCm:Q<:eedl!}R.b~(QTI:..Qnother board, commission or th~Jd!y Council on_ama~r ~_bi(:hcame QL will come before th~_board or commission to wht<:h.JlmLQJficiillis <jppQinjf.d. No emp!Byee--public. official shall accept a retainer or compensation that is contmgent upon a specific: action by frthe City~. 5 Contra.cts---'Yith.Jhe City. Any empffiyeepublil: officiQl 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 employeqlgbIic official may be called to act in an official capacity. The ~yeepublicQff~i9J shall refram from participating in the transaction or the making of such contract or sale. An CffiJ}lByeepublic 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 recom1l1end~approved, awarded, entered into, or authorized by the employecPlJbliLofficjaJ in an official capacity 6. Disclosure of lnterest in Legisl<jtion. Any employee or appointed official who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Councilor other appropriate authority the nature and extent of such interest. F. Political Activity. No employee in the administrative service shall use the prestige of their position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No ~eepjlb]ic om~lal_-shall promise an appointment to any municipal position as a reward for any political activity. I G. AJmIicabili1J'..Qf 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 detennined to be more appropriate or desirable. H. Applicabili1Y...Q..[ Code.-=-;\Jlpointed and Elected Officials. When an appointed officJ3l or_Jlli._~lecJ~d official has doubt as to the applicability of a provision of this code to a particul<JI_~ituation..lh0' should ap12ly to the City CouncilJor a determination. The official seeking aJietenninatjon shall have the opportunity to present any facts they deem relevant to the detennination. ThG)'shall also have the QQl2Q.rtunit~L.!Q.Jlresent .JillY__argumenL.l.h9'_ll}Q}' have as to what.. they....d~em . an jlQl2IQp.r!.ll.\G Page 3 of 4 Fl LEN AM E Ip G:llegallM ikelOrdinanccs\Ethics Amendments Ord--=- 2 .doS;G: Ilegal'u\1 ikeIOrtlm8fl€eSIEthicsl\mem!-ment5--GHl --"MIDcG:' I cga I'M ik-e\Gftltoonees\8hi-es-AmeOOmffit:Hiee ciel~Jlllil1Q1iQllnI'bc_ C i tY_(~lJr:JglJ1I.~_M a YOLoLt be_e i Iy 1\ drni niSlra I or 1l1?L~CJu01 Ihe_~lty /\ tt9rnn ~mgvide alUldviglry OPJIllOILbased uQQI1Jbe fjJcls_PLc~nn~~g. Th~geDnLTI<ll!QI1QUb_e City~~oung I i:LslQlh~a[lIili ca bib!)' ()fil-DIovi SIon 0 f 1l1LLCQ9c;j ~lPJ!I1 icuJilf si tuati on~. shal lJ:>~[iIl.<iI, L~~iinitiQns: ll_EDmloyee ~ f9l LbcRUIPOscs_Qftbi~~ectjQn-,- t~ ~lJlLfmglQy~DhaUl12~aIlon~\'I1}Q l~lured and !2<lid_ LWilge or_~<iljlry to _\VQrk JouheCity othglban_elected QIappointeiit:l.HiciaLs, ----_2LA]JQointecLOf[igal --loLtb~mos~9LLh~~~ction. the tem1 "aQPoiI1l~d_Qfficial" shillImqm-'J person_who i,s-jlPJ2olJ}t~(UO_s(:D'~I1 one~fth~CItj"s bQCl[!ct~,-olSQmn1i~!t:lnsanQ ~halJ a]sium:i1I1 Ille City MministraLof <lniLCiIY-AllQf:n~, Jll;:kctedQffi~iiJj__ fPf thepumoses_of this~~cti9~electedoffi<:jqlsbiJjL meal1-9l1e \.YllQJ~elc:cteg by the_ITgiste~d,,",-QJ~f5-2Ltb~~of Ashland(() serveJh~ city andshall iIlcJud_C tl1eJy1jlY9f, Ib~cily CQ UllCiI ors ,Jb~c:iJy! c<.: 0 !d~Ltbe mUlli c i pa] itLdg ~ aIlClLb~par~C:Oll1fJli ~iQn ~r~ JH SanCL1()~. ~~m-fH~.ftny provisions of this code should fIli3e cOll3cientffiltl-~-effi--fOf--the ernplftyee-eeneeflTOO-nSle--wfieth er vo] unlary res i gnat i-en--er- otfle.r-u€ttOft. is-tneteated-te-premote- +he hes+--in+er-est--ol=-tfle-{-'.jty. V iolation_ofJ!I1Y-PI.QvisioIl-9f Ihis sectioIl. dcterrrunSclefter lJ()tic:c and iln 9P-PQ.I1.JJlllty_IQ.Q<? beillQ, shall constitute cause fOf 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 At10rney Page 4 of 4 FJ LEN AM [ Ip 0: Ilegill\MiI<eIOHljllanccs\Ethic~r~ndm~~.Qr(L__2Aoc~~1ll'u\~ffie\Qf.thtffi.l]cc3\Etht'-c'5::::t\:lttelVl~~"1 (X.fl ~~AMffie\{}Fdin;\fi€eS\f.lhies--Afflefldm€'ft1~ Nothing herein prohibits a public officer from engaging in any business, profession or employment that is permitted or required a~, regards the composition of a Board, Commission or Committee, (eg Planning Commissioners engaged in real estate pursuant to ORS 227030 or Building Code Board of Appeals, [AMC 1504200] members engaged in specific trades) Similarly, because state law is sometimes stricter, clarification was added in a new paragraph E. 7 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, (eg. Planning Commissioners are subject to more restrictive Conftict of Interest Provisions pursuant to ORS 244.135) Finally, for efficiency, under paragraph H, the determination was given to the Mayor with a possible call up by the Council The determination of the Mayor as to the applicability of a provision of this code to a particular situation shall be fmal, unless a majority of the Council calls up the determination for review by the full Council at the meeting following the determination. Related City Poli:cies: None Council Options: The Council could adopt the proposed ordinance (version 1 or 2) amending the Ashland ethics provisions as stated above The Council could suggest changes to amend the proposed draft ordinances. 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 (Version 2) 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 (version 1 or 2) 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 Counc:l adopt (version 1 or 2) 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 (version 1 and 2). ~.1I .,-~ ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPL Y ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS I--A~n;tat;d t;-~h-;~-d;l~tion-;' and additio~st;t-he c-~de -~~~t~-ns being~~dlfi~d~D~deti~~~-are---l L_~~~~_~nd ~d~tl<:>ns are underlined. ____________ _ _ ____ J 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 Codc of Ethics. J\ I)~c]'!I<DlonQ1J:)QIJ<.:Y The proper operatIOn of democratIc government reqUlres that pubhc officlals, lJlc]udmg elected ofilclals, appointed officJals and employees be 1l1dependent. ]mpartlal and responsIble to the people; that governmental deelslOns and polley be made m the proper channels of the governmentcd structure; that public office not be used for personal galll; and that the public have confidence m the 1l1tq,'Tity of its government. In reeOh'11it1On of these goals, there ]s hereby established a Code of Lthlcs for all public offiewls, whether paid or unpaId. The purpose of thIs Code IS to establish ethical stmdards of conduct for all public ofilclals by settmg forth those acts or actIons that are incompatible WIth the best interests of the CIty of Ashland. It]s also the purpose of thIs Code to assist public offiCIals 111 determining the proper course of action when Llced with uncertall1ty regarding the propriety of a contemplated actIOn, thereby preventing them li"om unwlltmgly entanglmg public and private interests. Through adoptIon of thIs Code the City hereby expresses its mtent to ma1l1tam hIgh ethIcal standards m the City servIce, and to increase public confidence in the mtegrity of CIty pubhc officIals. B. R~..Ql]:3lbilities.Qi:.r.ublic Office. Public offiCIals arc agents of public purpose and arc engaged for the benefit of the pubhc. They are bound to uphold the ConstitutIon of the United States and the ConstItutIOn of thIs State and to carry out lmpart13lly the laws of the nat1On, state and the City, and thus to foster respect for all government. They arc bound to observe m then ofilclaJ acts the hIghest standards of morality and to discharge faithfully the dutIes of then office regardless of persona] considerat1Ons, recognizing that the public mterest must be theIr pnmary concern. C pei:hca~d Servl~t:. All pubhc officials of the CIty should work to support the politIcal objectIves expressed by the electorate and the programs developed to attain those objectives. APPOll1tlve Page] of4 offiCIals and employees should adhere to the ru1cs of work and performance establ1shed as the standard for theIr positIOns by the appropnate authonty Public officials should not exceed their authonty or breach the law or ask others to do so, and they should work m full cooperatIOn with other pubhc officIals unless prohIbited from so dOing by law or by offlcially reeogmzed confldentJ3lity ofthelT work D. FaIL<lDd Equal Treatment. I. Inter~sJ m Appointments. Canvassing of members of the Council or Mayor. dIrectly or mdirectly, 111 order to obtain preferentIal consideratIon In connectlOn With any appointment to the City servIce shall disquallfy the candidate for appoll1tment except WIth reference to unpa]d positions filled by appointment by the Mayor or Council. 2. Use_Q[J:>ublic Property. No publlc offlcial shall request or permlt the use of clty-owned vehicles, equIpment, materials or property for personal COT1\TllIenCe or proflt, except when such serVlces are aV2lilable to the publlc generally or arc prOVIded as mumclpa] policy for the use of such employee in the conduct of official business or as a speclflcally defined benefit m compensation of employment, 3 O.bllg<11ions to ('jJyens. No public ofJlcial shall grant any speCIal conslderatlOn, treatment or advantage to any citlZen beyond that which IS available to ('VCTY other cltlzen except as otherwise permitted by law or ordinance. E CODjllCt of Interest. No pubhc offlcial, whether paId or unpaId, shall engage m any business or transaction or shall have a Ilnancial or other personal mterest, dIrect or mdlrect, whIch ]S mcompatible WIth the proper discharge of that public official's offlClal duties m the publ1c mterest or would tend to ImjXIIT mdcpendence of Judgment or actlOn m the performance of that publIC offIcIal's offlcial duties. Personal, as distinguished from Ilnancial, interest mcludes an IIltcrest ansmg from blood or marriage relationships or close busmess or political aSSOCIatIon. Nothmg herem prohIbIts a public officer from engagmg many busmess, profession or employment that IS perrmtted or reqUJred as regards the compositlOn of a Board, Commission or Committee, (eg. Planmng CommlssJoners engaged in real estate pursuant to ORS 227.030 or Building Code Board of Appeals, IAMC 15.04.200] members engaged in specific trades). Speclflc conflicts of interest are enumerated below for gUldance : I. lrrcompatible Employment. No employee shall engage 111 or accept pnvate employment or render servIces for private interests when such employment or service IS mcompatible w]th the proper d]scharge of that employee's official duties or would tend to JJl1palT mdependence of Judgment or actlOn in the performance of that employee's offic]a] dutles. 2. Disclo~mre of Confidential Information. No publ1c offlcla] shall, WIthout proper legal authoTlzation, dlsclose confidential informatlOn concern1l1g the property, government or affairs of the City. Nor shall any public official use such mformatlOn to advance theIr financial or private mterest, or the financial or private interest of others. 3. GIftS and Favors. No public official shall accept any valuable glft, whether III the form of service, loan, thing or promise, from any person, flrm or corporatIon whIch to their knowledge is mterested directly or indirectly in any manner whatsoever Il1 busllless dealmgs with the City; nor shall any such employee (l) accept any glft, favor or thmg of value that may tend to influence the employee in the discharge of their duties. or (2) l:,'Tant, III the dlseharge of their duties, any Improper favor, service or thing of value. 4. Repr:.e_o~e.nting Private Interests Before Cityj\genc]es oruC~,)UTtS. No employee whose salary lS paid In whole or in part by the City shall appear m behalf of pnvate mterests before any agency of the City. An employee shall not represent pnvate mterests Il1 any actJOn or proceedmg against the Page 2 of 4 Interests of the CIty many IIt]gatlOn to whIch the CIty ]s a pany. unless the employee IS representmg hnnself/herself as a pnvate elt]zen on purely personal busmess. No appomted official shall represent a client for hIre bcfon.' thc board or commISSIon to whIch that officl3l ]S appomted or in any actJOn of proceedmg bci"ore another board, commISSIon or the C]ty Council on a matter whIch came or wll] come beforc the board or commlssJOn to whIch that offie131 is appomted. No public officIal shall accept a retainer or compensatIon that is contmgent upon a specific action by the City. 5.C<)J:Jtracts W1Jh the (lty. Any public official who has a substantIal or control]lI1g fInancIal interest III any busmess entity, transactJon or contract w]th the C]ty, or m the sale ofrea] estate. materials, supplies or services to the CIty, shall make knmvn to the proper authOrity such mterest 1I1 any matter on which that public offie]al may be called to act 1I1 an oftlCla] capacIty. The public official shall refrain from partlclpatmg m the transactJOn or the makmg of such contract or sale. A public official shall not be deemed mtcrested 1I1 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 authonzed by the public official m an offIcIal capacity. 6. Dlsclosu~Q[JlJterest in L<,:gislatiOI}. Any employee or appomted offic]al who has a fll1ancial or other private interest, and who parlJcipates III d]scusslon with or gIves an officla] opllllOn to the Council, shall disclose on the records of the COll1lcll or other appropriate authOrity the nature and ex tent of such interest. 7. More RestrictIve State Law ProvIsions. Nothlllg m thIS ordinance rellevcs or excuses public officers and employees f)-om compliance WIth more restTlctive state laws applicable to the particular public positIOn, (e.g. Planning CommIssIOners arc subject to morc restnctlve Conflict of Interest Provisions pursuant to ORS 244.13 S) F fobt]cal ActiviJy. No employee in the admllllstral] ve service shall use the pres1Jge of their positIon in behalf of any politIcal party. No employee m the admll1lstratlve servIce shall orally, by Jetter or otherWIse, sohcit or be in any manner concerned III SOllCltlllg any assessment. subscriptJOn 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 polit]cal campaIgns for candidates whl]e m the performance of dutIes in an official capacity. No public offiCIal shall promIse an appomtmcnt to any mUlllcipa] positlOn 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, thcy should apply to the CIty Admm]strator, who is charged with the implementation of this code for an adVIsory opmion, and be guided by that opinion when given. The employee shall have the opportulllty to present their mterpretatlOn of the facts at issue and of the applicable provision(s) of the code hefore such advisory dec]sJon ]S made. A]l such requests for advice shall be treated as confidential. ThIS code shall be operatIve Il1 all instances covered by its provisions except when superscded by an appl1cable statute, ordlllance or resolutIon, and each statute, ordinance or resolution actJOn IS mandatory, or when the appllcatlOn of a statute, ordinance or resolution provision is dIscretionary hut determll1ed to be more appropriate or desirable. Page 3 of 4 II 6pphcablhLL of Code .~ Appomted and Elected OtrlC1al~. When an appomted officIal or an elected officIal hao doubt as to the applicabilIty of a prO\'ISlon of thIs code to a partlcu]ar situation, they should app'y to the Mayor for a detenninatlOn and ('Ity Council wl11 be mformed of the mquiry. The offic131 seeking a detennmatlOn shall have the opportul1lty to present any facts they deem relevant to the determination. Ofhey shall also have the opportUl1lty to present any argument they may have as to what they deem an appropnate determmatlon. The Mayor may request the CIty Attorney to provide an advlsory opmion based upon the facts presented The determmation of the Mayor as to the applicability of a provision of thIS code to a partlcltlar SituatIon sha11 be final, unless a majority of the Council cal1s up the detenllinatlOn for n:vlew by the full Councll at the meeting following the determmation. . 1. Defimtions: I) Employee - for the purposes of thIS sectIOn, the term employee sha11 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 ternl "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 Admimstrator and City Attorney. 3) Elected Official- for the purposes of thIS sectIOn, elected offiCIal sha11 mean one who is elected by the registered voters of the CIty of Ashland to serve the cIty and shal1 Include. the Mayor, the city councllors, the city recorder, the mumclpal Judge: and the: parks commIssioners. J. Sanctions.. Violation of any provislOn of thIS se:ctlon. de:termmed after notlce and an opportunity to be heard, shal1 constitute cause for dIsciplinary actlon The foregoin9 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 4 168 North Wi!-!Illman SI Ashland (~~j) 9)1-10)3 City Council and J'vlayol ~ - 20 East Main St /\shland. OR 97S20 II II I, [I ,I I\lav 28 10(ji B Dear City Council Members and "13ym I currently have the privilege of serving as a member of the Ashland Historic Commission As an archaeologist my primary interests Il1 Ashland's historv relate to archaeological resources rather than the architectural Styles of historic buildings During my time on the commission I've learned a great deal about Ashland's architectural history [Tom the designers and architects who serve on the commission I've observed and sometimes paJ1icipated in numerous discussions involving design details, mass and scale and contextual issues as they relate to varIOUS proposed projects in Ashland !n general, these discussions are extremely helphil to the individuals appearing before the commission The value of these discussions is due prirnanly to the insight and suggestions of the design professionals who arc on the commission These individuals routinely and metIculously avoid conflicts or Interest by recusing themselves if they are personally involved in a project I'm concerned that the nnv ordinance vyd] lead te' the reSignations of the very commission members who are most qualified to discuss issues brought before the commission For this reason I urge you to remove the sentence in Section E4 thai contains the phrase" or any action or proceeding before another board, commission or City Council. " Failure to change this segment of the ordinance will have the unintended consequence of substantially weakening the ability of the historic commission to function effectively 'fhank you for your consideration Tnc1;reIY, ~ 7___- ~A [-[~ r: JUN 0 1 Z007 -~~ ~_nVM.__e-_~{jJ;1 1 '>00 WINDSOR S 1 Rf [1 A'>HLAND, OR 97"2[1 1EL: "41 ""2 103'1 FN< "41""2 106,1 ~ June 1, 2007 City Councilors and Mayor City of Ashland, OR Honorable Councilors and Mayor, I am writing this letter to express my concern over the Proposed City Ethics Ordinance, particularly Section EA. of the proposed ordinance. My understanding is that this section will prohibit members or officials of a commission or board from representing clients before any City board, commission or the City Council if the matter in question is to come before the board or commission to which the member or official is appointed. Having been a member of the Ashland Historic Commission and being a practicing architect in the City of Ashland, it is my opinion that this provision represents an unnecessary limitation on the ability of profeSSionals to serve in a voluntary capacity in the interest of the City and its citizens. , can understand and agree with provisions which would require a board or commission member to recuse himself or herself from hearing matters pertaining to a client before the board or commission on which such board or commission member sits, but to prohibit the member from representing a client before any commission, board or the City council on the grounds that the matter in question may eventually come before the particular body on which the member sits seems unwarranted. In my opinion, this measure will discourage capable professionals within the City from volunteering for positions on boards and commissions that are important to the community--positions which are difficult enough to fill with qualified and knowledgeable citizens. I don't see a benefit to the City in this provision but I do see a limitation on the effective operation of the City's vital boards and commissions Sincerely, Allen Crutcher 1 Eobert Sal:id( dr, j\ rc Inlect 150 Church Slreet i\shbwL ()I\ ()752Cl 54 ] - 4 82- 3772 54 I - 4 t\t\ 08(lC) (f 10 b(a),salarc h. com 1'[ '-, I' I r~ !l~ I: ilil JUN II liDO, " i~~-.:~-~~_~~~~=_~~( I 1\1 ay 31, 20Cl7 J ;~stccmed C( )ulHil( )rs and l\1ayor, I recently resigned my posnion as a Illembn of the i\shJand J-hstoric ComllllssJOn, after serVJ1W two terms for:1 total of SIX vears. It was very rewarebnp (J _ ~ (J' and J believe we IHovlded a [lTcat service to the commU11Jtv. Durin(,r that time I was () -' () ') unable to presentrny client's project before the J jislonc C:omnussion. For those pr<lJects) either my client or the contractor presellTed the IHO)ect before the Histonc Commission. They often felt unprepared and uncomfortable doing so, but J agree there is conflict of interest for the other Connnissloners and myself in those cases. was able, however, to represent my client before the other Commissions. J was deeply cbsapp01nted to read 111 the :\shland DaiJy Tidings that 'counciJ rnembers voted to give 1l1ltJal approval for extendIng ethlCS mles that apply to paid employees, to themselves, and the many volunteers who serve on city commissions, committees and boards." As a former mem ber of o!](' of our city's cOJTIJnissions, and as someone who would like to serve the COmlllUJ1ltv JJ) the future in another appointed position, I would stJongly urge YO\l to reconSIder inclusion of proposed limJtations to "volunteers" In this new ethics rule I rein speciflcalJy as it limits volunteers in sectionE 4 whlch rcads, "... or any aCTIon c)f proceeding before another board, commission or City Council" ] believe that if the new ethics rule was extended to volunteers our citv would , J lose many of ItS most highly trained, profess]()nallv expenenced, and knowledgeable citizens who have volunteered their expertise for the betterment of our community. J would, In fact, be unable 10 take on that role as ]( would limit my ability to do my job and pursue my livelihood on behalf of my clients I'vl anv of the most informed, expenencc, and competent volunteers curren t Iy servJJ1g on tlle cOJmnlttees may also decide to step down, because of the new bro:ld-s\veepJIlg ethics rules that disallow a volunteer cOTT1I1lJssiuner to testify for a client befcnc ()ther commissions. As a sole proprietor, therc is no other person in my offIce to take on that role. In addirjon, my reachng of the new rules would limit others \VJth flll;\llclal intercst in the project (i.e. partners, employees, ere) from represenrjng clients of that organiza60n. These new rules are far too sweeping for a small town lIke i\shhnd, and tJle rules may actually create a bias agamst smaJJ businesses and owners who ;Jlso have an interest in serving I~I ljA t3Y~~5!'d.~_~~~__i~ -:~~-~ J , ,- '.\1 I \,yl 1_ KRAMER & COMPANY JUN U 4 rj[J MEMO E-MAIL DISTRIBUTION HI5!OrIC Pr(:~erYatJon Consultant~ :386 l'\Jcrt' I ( ')'11.1(3/ .1 f] ! ,-,' _ J' cern CJ r-i d I C) r C; 1 ,;W ) .; rC(_~Cl Date: ()/")/:l()() TIY \I:l\'ol loho \1cnflSOO I'\: TVifrnbel' ,>I lilt' (]I\' ( "Olllll Re: Ploposed EthIcS Provisions, AMC .:I.OR.020 Df~r i\1r )1 ~ml ;\JembcIs of the Counc]L 1 ~rn Wfltlllg to Hl]Ce some conce,,] 1)\'('1111, j'lof'osed rens]ons to the i\shJ~nd i\luJl]CJp~J Code Icg~J(lJJ1g :thlc~1 SLI]](l~l[b 101 e]IY cmployn's, :lppOJnl,d :llld eln I,d ,>fflcl~ls Obv]()usJv, on Its f~ce, the ]ntclll ,)f thc orehn~nce]' 13ll(l:1blc ~nd beltn defInes the )"'(l'lltI:1I Issues \)1;11 c~n ~flse from Ifldlv](lu~Js who :IPPIO\'t' IlJC pllnJege of emplovnlcnt 01 ~ppollltIl1eJ)t fOI pCI""Ld i,:llll Th~t 5~j(1, ] kllOw th~t rnllllY of the ( Ill'" \"(,lllll\('l"1 (OnlllllSSJOIlS rely upon professlon~Js ]n rhe fJcld fm serVlCe 1 ~bo kww th~t En(hng (Iu~hf]ed lJ1(hv]dull1s, \\111, the \vdhngness 10 serve as well ~s :oomc b~(kgJound In the IHea of d]s< mSJOn (;1il be ch~IJCllg][lg If n')1 IJJ1pussd,j, Th]s]s p~JtlculaJ]Y true of the) llSIOIlC Curnllllsslull, wh'lIe knowledge uf Ll1uldlng, desIgn :Jnd :lIe:l ;lll h]kl tllre 11It' III] CTJuc~J for th~t bod v to ~SSJq the SIJff III J('\']('\\lllg appLcatJoll5 1 ''-'lOW that H) YC~IS P~q Ihe SI~l1t' B'Lllcl,>I ):lhlCS ~cru~lIy used hlStOflC commJSS)Oll IllcmhCls ;lS IIJ) ex~mple In w})J(h :-maller towns ILlve to bal:J]]( e ,I',~llllng l'\fJ<ltJse \v1th the occ~sJ()n~1 conDlcl of Interest C:t'II~lJllv when a C:OrJlI1l1'S10!l member hilS such ~ (onllll I, thev IllU'! I('cuse thelnselves, leave the rooru ~llcl acl Ilccoldln?h hut] am hopefllJ th:l1 vou WIU nOI IlltnprCI tillS OI(!JnlIIH C' to prn lude people WHh duect tr~llung or expnll'llCl' ]ll thl' bmJe!Jng field frolll sl'I\"1ng on rhe Ashbnd J 11'!()lJC ( ,'llll!l]SSH,n As an ~~.]de, In yc~rs p~SI the HISIOJ]( !.'JlllIllISS]Oll, (Y>\ the TIel' Comnllsslon and even'J rafflc S:det\" \vue seen :15 'tralJllllg grounds' for ~pp01lll1Tlents to Ihe 1'1:lnl1Jllg COmITllSSIOn, ~ssuflng that rnembers of th~t bodv had f~mlLllIllY \<llh both pubLc process and rI]t\,hl~Ild IDO \Ve seem to have moved aWllY fJom that polIcy. ,,'lth sevu:d curren I Planf1lng CommISSIoners :lj'!lo]lltcd With btde OI no b~ckground 111 p13n111ng OJ 111 publIc process 1 do not bebeve thts h:ls been a s\Hu'ssfuJ '11~tegv) C:Juslng addllJOnal delay 111 the revlewprucess, lllCJeased burden for staff, ~nd confusloll for applIC1nts Stflngent lllterpret~tIon of thIS ploposed I:JngU:Jge, parncuJaIly SectJon F(4) offers the possJiJJJJtv ,>I forces qu~bfled ~ppLcants to all volunteer boards to rcslgn due to :1 need to wOlk, r('fllOvIllg IheH knowledge flon] the process That ISIl' a trade-off worth consldellng 1 hope you ,'nil cleaI]y express that such IS 1101 the expectlltlon OI reCjuucrnent of tms amendment pllor to lIS adoptIon Thank you for ~ttcntJon to thIs rn~l1el J regret 1 \\-1]J be unable to attend the hcanng next Tuesd:IY hut would bke thlS entered to the record on thlS pJOposcd :Jfllenclmcnt Sincerely, I J OCr ~--~-~D, ./'-------~ \. \ /~-1 C------~...._~ \ .! I <-=--~--'"_~1jJ r----- CeOlge Kf<lll1CI, 1\1 S I~~.~.=.~C~'-----",'-:r' i' L i Ii J U N () 5 / ( I Proposed City Ethics Ordinance [, , Testimony for City Council Mtg. June 5, 2007l[~I__w My name is Dale Shostrom, and I live at 1240 Tolman Creek Rd. Ashland. I am presently the chairman of the Historic CommisSlion which I have served on for the last 10 years. By Profession, I have been a Designer-Builder in Ashland since 1974 ! am here again to express some concerns! have '.;vith the proposed changes to the City Ethics Ordinance. Previously, I gave testimony on this subject before the City Council on March 20. I then watched the Councri meeting of May 15, on RVTV and to my surprise, with little debate, the Council passed the first reading of the Ethics Ordinance as proposed. Tonight I am asking the Council to reconsider your decision because' foresee serious repercussions that include discrimination, arbitrary applications, and unintended consequences if passed as is. The area of question is: Sec. E - CONFLICT OF INTEREST, Part 4 _ REPRESENTING PRIVATE AGENCIES BEFORE CITY AGENCIES OR COURTS - The last sentence reads: "No appointed official shall represent 8 client for hire before the Board or Commission to which that o"fficia' is appointed, or in any action of proceedings before another Board, Commission, or the City Council on a matter which came or wi" come before the Board or Commission to which that official is appointed." My concern is with the second part, which reads: "No appointed official shall represent a client for hire in any action of proceedings before another Board, Commission, or City Council on matters which came or will corne before the Board or Commission to which that Official .is appointed." This portion of the ordinance is too restrictive - it takes conflict of interest too far. This last sentence should be struck from the ordinance for the following reasons: 1. As proposed, it would prohibit Architects, Planners, Landscape Architects, building and landscape contractors, archeologists, or arborists trom presenting their expertise tor hire before City proceedings it they serve the City and the Public as members of a Commission. The greatest potential negative impacts of this provision, would be the loss of the ;\shland City Council, u) l~ I ff----F\l Iii J iJ N 0 6 700 fill JI By _ Q~N' ~ ~1'0: C - M1Ar'l J June ()Ih, 2007 J W~lS hopIng to speak to the Council last night on the amendment to the EthJCS Ordmancc, but do to time constraints the Councjl ran out of time and there was some uncertaJJlty as to when it would be back on your docket NeveJ1helcss, 1 wanted to ex press my thoughts with you: Since I left my position with the Ashland Planning Department I've always hoped to return to civil serVlce in at least the form of a volunteer position on one of the many City COIllIlllssions or Boards that help guide Ashlaml's future This is my commumty - this is my children's community' 1 owe it to them for not only the benefIts of retaining ;\shlaml's many attributes, but to also reveal the importance of paJ11clpating in civic artaJrs SUllmsingly, r ve never had much interest with a Planning Commissioner's or ('ity Councilor's position (after watching last night's 31'2 hour Council meeting 1 remembered why), but instead have gravitated towards the thought of the Traffic Safety Commission, I Iistonc Commission or School Board I've also entertained the jdea of volunteering on one of the many appointed committees such as the recently fonned Ashland Street /1-5 Ovell)aSS CommIttee or the Mount Ashland Oversight Committee. Unfortunately, this thought no longer appears to be possible based upon an amendment to the e~osting Ethics Onlll1ance, specifically, Chapter 308.020 E.4 which reads: 3 08. 020 E 4 RepreSe}1ljnf!, PrjY{Jl~ Jnler(~,)Ls Be(Qre Cily Af!,e'.1Cles ()rJ~ol:'r!s No emplovee whose solmy is peJ/d In whole or In parI by Ihe Cily sholl appear in !iChal! o!pnvute IlIteresls before any agency of Ihe City An employee sholl not represent pnvote inleresls in any acllOn or proceeding against the Interesls of the elly /11 any IIligalion 10 which the ('ily is a porly unless Ihe employee IS represenllng III mself/h erself os a privale cilizen on purely personal husiness No oppolllled ojJiclil1 sha!! represenl a clIenl fe)!' hire hefore Ihe board or commiSSIOn 10 wl1lch Ihal ofJIcwl is appoinled or in any aClion of proceeding before anolher board commiSSIOn or Ihe CilY Council on (] me1ller which came or will come before Ihe hoard or commission 10 which Ihal official is appoinled. Overall, I support all of the proposed changes to Chapter 3.08.020, but for a portion of the last sentence of scction E.4. ('H or in any action of proceeding hefore another hoard commission or the City Council on a matter which came or will come hefore Ihe hoard or commission to which that official is appointed.). To me this portion is not rational and unfair to certain profcssionals who want to participate in their own community's aft~jirs How can it reasonably be expected to obtain "qualified" professionals such as an Architect to participate on the Planning Commission whcn he/she could never present their findings to "another" board commission or the City Council such as the Historic Commission, Tree Commission, Traffic Safety or City Council. The same thing applies to a CcrtjJied Arbonst or Transportation Engineer who we as a community should desire to sit on the Tree Commission or Traffic Tile adrlJtJOnal wordlllg 10308020 E'1 may sound good on thc surface, but iI's not. It's a m;lJor mistake with rcpercussions that last] 00' s of years \Vhat wc need ]S more ('ommisslOner traming not eliminatIon of the mos1 qU;lll flcd Thank you again for your C1VIC contriblltlOn and hopefully the maJoJlty or you agrce that this addilional wording needs to be thoroughly analyzed and pubhcly dIscussed prior to final adoptIon. Sincerely, Mark Knox 276 W Nev;lda Street 482-7016 Oc{ ktn.chM !tiOd ,,,[)'oLri ORS 244.040(6) No person shall attempt to represent or represent a client for a fee before the governing body of a public body of which the person is a member. This subsection does not apply to the person's employer, business partner or other associate. Current text: No appointed official shall represent a client for hire before the board or commission to which that official is appointed or in any action or 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. Better text: No appointed official shall represent a client for a fee before the board or commission to which that official is appointed or in any action or 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. Add only prohibition on pro bono No appointed official shall represent a client pro bono or represent a client for a fee before the board or commission to which that official is appointed or in any action or 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. Add only prohibition adding elected officials (Parks C) No elected or appointed official shall represent a client for hire before the board or commission to which that official is elected or appointed or in any action or 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 elelcted or appointed. Add elected and prohibition on pro bono (Parks C) No elected or appointed official shall represent a client pro bono or represent a client for a fee before the board or commission to which that official is elected or appointed or in any action or 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 elected or appointed. Add elected and prohibition on pro bono (Parks C & Council) No elected or appointed official shall represent a client pro bono or represent a client for a fee before the council, board or commission to which that official is elected or appointed or in any action or proceeding before another board, commission or the City Council on a matter which came or will come before the council, board or commission to which that official is elected or appointed.