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2011-0719 Council Mtg PACKET
CITY OF ASHLAND 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. Time permitting,the Presiding Officer may allow oral testimony. If you wish to speak,please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,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 speak,and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 19, 2011 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:00 p.m. Executive Session for discussion of potential litigation pursuant to ORS 192.660(2)(h). 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Study Session of June 20, 2011 2. Regular Meeting of June 21, 2011 3. Special Meeting of June 28, 2011 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation from the Ashland Forest Lands Commission on the new watershed map [10 minutes] VII. CONSENT AGENDA [5 minutes] 1. Will Council approve the minutes of City Boards, Commissions, and Committees? 2. Will Council, acting as the local contract review board, approve the award of two public contracts for janitorial services to Pathway Enterprises (QRF)? 3. Will Council approve an extension of an existing contract for legal services with Douglas McGeary, not to exceed $25,000? 4. Will Council approve a lease amendment to the existing Civil Air Patrol (CAP) lease, which would allow the hanger to be sold and would grant the City first right of refusal? and Will Council waive its first right of refusal to purchase the CAP hanger for the current offer of $40,000, thereby allowing the hanger to be purchased by a private party? 5. Will Council, acting as the local contract review board, approve the award of a public contract to L.N. Curtis & Sons for fire hose and related equipment? COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US 6. Will Council, acting as the local contract review board, approve the request for approval of a "Class Special Procurement" to use an alternative contracting approach (solicitation process) for fuel purchases? 7. Will Council authorize signature of an Intergovernmental Agreement with Jackson County to provide building inspection services? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) 1. Will Council hold a public hearing and approve a resolution titled, "A Resolution Adopting a Miscellaneous Fees and Charges Document and Repealing Prior Fee Resolutions 2001-05, 2007-34, and 2008-29 and the Hourly Service Charge Section of Resolution 1999-29"? 115 Minutes] 2. Does Council wish to approve an order authorizing a lease of real property to the Ashland Gun Club? [30 Minutes] IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] Please note.--'Comments or questions from the public that are of a defamatory nature, such as statements directed at individual Councilors'character, intentions, etc., are out of order because they interfere with the work of the Council. The Council will not answer questions posed during public forum but may direct staff to answer such questions later. X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Does Council wish to adopt the Economic Development Strategy? [20 Minutes] 2. Does Council approve the staff and consultant recommended solution for effluent disposal to meet temperature requirements for the new total maximum daily levels of the National Pollution Discharge Elimination System permit? [30 Minutes] XII. ORDINANCES, RESOLUTIONS AND CONTRACTS None. 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 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WE13 SITE AT WW11/.ASHLAND.OR.US CITY COUNCIL STUDY SESSION June 20, 2011 Page I of MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday,June 20,2011 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Silbiger, Chapman, Morris, Lemhouse, Slattery, and Voisin were present. 1. Look Ahead Review City Administrator Martha Bennett reviewed items on the Look Ahead. 2. Does the Council wish to schedule consideration and adoption of the recommended Economic Development Strategy for the July 19,2011 regular City Council meeting? Project Manager Adam Hanks provided a presentation on the Recommended Economic Development Strategy that included: • 2009-2010 Council Goal: Develop and implement a comprehensive economic development strategy for the purpose of, o Diversifying the economic base of the community i o Supporting creation and growth of businesses that use and provide local and regional products o Increasing the number of family-wage jobs in the community o Leveraging the strengths of Ashland's tourism and repeat visitors • Strategy Highlights(Page 5) • Support existing business • Support businesses that rely on creativity, innovation, design, prototyping • Support business that produce specialty goods and services for export • Support local purchasing opportunities • Maintain existing tourism strengths, shoot for year round success City Administrator Martha Bennett explained when staff revised grant criteria for the Economic Cultural and Sustainability grants, they would use the same filter. Council would make decisions on enterprise zones, re-zoning areas, and infrastructure if consistent with the Economic Development Strategy. It would focus on specialty goods, services frequently exported, and connecting local products to local businesses to achieve supply chain efficiencies. It would not recruit businesses from the outside. Council added the City needed to position itself to ensure available land sold at reasonable prices and it was easier for the right profile of business to establish in Ashland. o Improve Coordination among economic development partners o Support existing business o Support businesses that rely on creativity, innovation, design, prototyping o Support business that produce specialty goods and services for export • Focus on innovative, specialty value added, growth businesses for quality job expansion • Find out what they need • Be a partner in their physical growth • Provide or connect them with the resources/education/tools they need to succeed • Support local purchasing opportunities • Business to business supply chain purchasing • Develop and promote tools for businesses to identify local opportunities(connectory.com) • CITY COUNCIL STUDY SESSION June 20, 2011 Page 2 of 3 • Maintain existing tourism strengths, shoot for year round success • "Peak"season not a given • Increase fall, winter, spring activities • Expand offerings appealing to a wide demographic scope • Convention/Community Center? • Increase coordination among economic development partners • Integrate Ashland strategies with local and regional groups • Create means for regular communication • Provide coordinated info and marketing to businesses for programs and resources • Identify new local/regional funding opportunities The City needed to be aggressive in order to be successful with this strategy. The discussions revealed many people were unaware of existing economic development activities. City staff, the Mayor arid Council would also need to collaborate with regional economic development efforts. • Stuff that only the City can do • Public infrastructure(roads, water, sewer, electricity,parks, etc.) • Development regulations and process • Some funding(urban renewal, state/fed grants, etc.) Mayor Stromberg suggested forming Council economic liaison relationships. • Stuff the City can assist and support • Coordination • Data collection and distribution • Information resource and distribution hub • Indentifying and facilitating the creation of needed programs resources for Ashland businesses Mr. Hanks explained identifying and facilitating the creation of needed programs and resources would come from the Business Retention and Expansion Survey and indicate service gaps Ashland community had not accessed and why. The City would fund and conduct the study to determine those gaps and understand what profiled businesses needed. Council could also set aside grant money to help with funding. The benchmark used for the Measures of Progress & Success started in 2011. The percentage increase in total employment growth came from the State. Each of the items would have measures that matched specific actions. o Other funding/grant programs • Strategy First Actions—table • Phase I Implementation o 1.1 Conduct Business Retention and Expansion(B, R&E) Surveys o 1.2 Designate City Staff "point of contact" for economic development needs/projects/interactions • Priority I Actions—September 2011 1.1 retention & expansion surveys 1.2 designate City staff point of contact 2.1 formalize relationships 3.1 grants process 6.1 urban renewal districts 7.1 land use development Ms. Bennett will identify the key point of contact in City staff. In some cases, the contact will be a specialty person in a pertaining department. CITY COUNCIL STUDY SESSION June 20, 2011 Page 3 of 3 Council had concern with aggressive timeframes on items that made achieving them unrealistic. Staff would adjust the timeline to reflect realistic start and end dates for projects. Each priority task would have individual timelines. • Priority 2 Actions—2012 1.3 import substitution and local to local—March 2012 1.4 business resource & mentoring program—November 2012 2.2 routine communication with partners—January 2012 3.2 increased local access to funds—June • City Funding for Economic Development • Direct Funding thought General Fund: Tourism $501,743, Econ Dev $274,335 (Grants + Econ Dev Program) • Capital Improvement Plan—Infrastructure Projects identified in master plans • Staffing in Community Development, Public Works, etc. • Council Discussion Council majority supported the plan, wanted it to be aggressive but realistic, have priorities with detailed plans, frequent updates to Council in a format similar to the Look Ahead in addition to the annual updates to the actual plan. A key element was coordinating and capitalizing on activities already occurring in the community and throughout the region. Ms. Bennett added staff would contract an outside source to conduct the Business Retention and Expansion Survey. 3. Does Council agree with the TOT funding allocation proposed by staff? City Administrator Martha Bennett reviewed the final slide regarding proposed TOT allocation: • Proposed FY 2011-2012 Council-directed allocation BR&E Survey $25,000 City Staff Econ Dev Focus $20,000 Urban Renewal Plan $85,000 Improve Land Use Process staffing Set aside for FY 2013 or special projects $20,00 0 Total for FY 2011-12 $150,000 Ms. Bennett explained money not spent could go towards other projects and used downtown plaza improvement as an example. Council suggested adding "(if approved)" next to the Urban Renewal Plan allocation. Mayor Stromberg thought the plan should emphasize volunteerism and sustainability as well. Council and staff went on to discuss Study Session format. They eliminated staff presentations and would have agenda item discussions based on questions Councilors had after reading their packets. Also suggested having multiple topics and reserving a half hour to discuss the next night's Regular Council meeting agenda. Council will notify Ms. Bennett of their questions prior to the meeting so she can get the answers or arrange to have staff attend the Study Session to respond. Ms. Bennett will also arrange for speakers to present on unfamiliar topics as needed. Meeting adjourned at 7:10 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder AJHLANU(37 T CUUN(.7L MLL7INU June 11, 2011 Page I of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 21, 2011 Council Chambers 1175 E.Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Slattery,Morris, Lemhouse,Voisin, Silbiger,and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Forest Lands Commission, the Planning Commission, the Tree Commission,and the Audit Committee. City Administrator Martha Bennett announced the Parks and Recreation Commission would meet with the Oregon Shakespeare Festival (OSF) June 22, 2011 to consider a request that would allow OSF to relocate Bowmer Theatre performances to Lithia Park during repairs to that theatre. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of June 6, 2011, Executive Session of June 7, 2011 and Regular Meeting of June 7,2011 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Will Council approve two intergovernmental agreements to finance, through the Fund Exchange program, the overlay of two city streets? 2. Shall Council approve the resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland, Oregon on May 17, 2011 and Mayoral Proclamation? 3. Will Council approve a $5418 amendment to the existing contract with Hardy Engineering, Inc. for the design of the Ashland Creek Sewer Rehabilitation project? 4. Should Council approve the reappointments of Linda Butler and Doug Gentry and new appointment of Alan DeBoer, as recommended, to the Board of Directors for the Ashland Community Hospital? 5. Does Council wish to approve a Liquor License Application from Kelly Hay dba Key of C Coffeehouse& Bakery at 116 Lithia Way? 6. Does Council wish to approve a Liquor License Application from Paul Newcombe dba Ashland Shell at 2495 Ashland Street? 7. Will Council, acting as the Local Contract Review Board, approve the multiple contract awards for Water Treatment Plan and the Wastewater Treatment Plant chemicals for a term of one year beginning July 1, 2011 and'expiring June 30, 2012? 8. Does Council wish to approve the tentative agreement for a labor contract re-opener that staff has reached with the IBEW Clerical/Technical Union? 9. Does Council wish to approve a resolution clarifying certain conditions of employment for Management and Confidential Employees repealing Resolution No. 2010-20, and adopt a ASHLAND C17 CUUNCIL MP L771YU June 21, 1011 _ Page 2 of 6 resolution amending the pay schedules for Management and Confidential employees? Councilor Voisin requested Consent Agenda items 43 and#9 be pulled for discussion. City Administrator Martha Bennett added the appointment of Sandy Theis to the Ashland Community Healthcare Services Board of Directors at the request of the Ashland Community Hospital to Consent Agenda item#4. Ms. Theis' term would begin July 1, 2011 and end June 30, 2015. - Councilor Slattery/Lemhouse m/s to approve Consent Agenda absent items #3 and #9. Voice Vote: all AYES. Motion passed. Engineering Services Manager Jim Olson explained the amendment for the Hardey Engineering contract was an additional request by the City not in the original scope of services. Staff will bring Council amendments on contracts where the City has asked for additional work or when something unforeseen happened. The City will deny any request for more pay from contractors for additional work the City did not know of or approve prior. Councilor Voisin/Chapman m/s to approve item #3 on the Consent Agenda. Voice Vote: all AYES. Motion passed. City Administrator Martha Bennett confirmed department budgets would absorb salary increases for Fiscal Year 2011-12 but will be in the Budget for personnel the following year. Councilor Voisin/Slattery m/s to approve Consent Agenda item #9. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will Council approve a resolution titled, "A Resolution Establishing Rates for the Ashland Municipal Airport, and repealing Resolution 10-12" as recommended by the Airport Commission? City Engineer Jim Olson explained the Airport Commission analyzes rates and fees annually and this year's agreement would make the airport self-sustaining. The Federal Aviation Administration (FAA) and State Department of Aviation fund most of the airport improvements and maintenance. Councilor Silbiger added the City could make more money by building additional hangars. Public Hearing Open: 7:23 p.m. Public Hearing Closed: 7:23 p.m. Staff explained the lease stated lessees do not receive compensation for City performed maintenance. However, when a contractor exceeds their contract time they could incur liquidated damages assessed at $2,000 per day. Money collected would go into the Airport Fund unless otherwise directed by Council. The current contractor, Knife River had exceeded their time by two days. Councilor Silbiger/Slattery m/s to approve Resolution #2011-19. Voice Vote: all AYES. Motion passed. 2. Will Council approve the Interim Special Event Fees listed below and adopt the Resolution? Management Analyst Ann Seltzer explained staff lowered interim fees and made a distinction between events with entry fees and no entry fees. These Fees would cover City staff overtime for event set-up and ASHLA/VU(.71-Y (,UU/VLYL MEL77NU June 21, 2011 Page 3 of 6 clean up. Two corrections to the draft resolution changed the fee for an event lasting less than 4 hours from$750 to $700 and the word "no"was added to Small Event less than four hours "no"Entry Fee. City Administrator Martha Bennett further explained higher fees would 'deter smaller events from happening. Council had concern regarding events that were previously charged fees where no City staff was required, wanted to ensure recycling was included in the application and there was a distinction between City and non-City sponsored events. Public Hearing Open: 7:39 p.m. Public Hearing Closed: 7:39 p.m. Councilor Slattery/Lembouse m/s to approve Resolution #2011-22 as amended. Councilor Chapman/Voisin m/s to amend motion to add in Table 1 a new entry called Basic Event for$150 defined by little or no assistance from the staff. Voice Vote: all AYES. Motion passed. Voice Vote on Main Motion: Councilor Slattery, Morris, Lemhouse, Voisin and Chapman, YES; Councilor Silbiger,NO. Motion passed 5-1. Staff based fees on City staff overtime and not the number of participants. Large events were anything that required more than 4 hours of City staff time and small events less than 4 hours. Staff would meet with event organizers and advocate groups and anticipated a draft ordinance before the spring of 2012. PUBLIC FORUM -None UNFINISHED BUSINESS 1. Does Council have questions regarding the report of the Police Chief on crime in Ashland and use of force by the Ashland Police Department? Police Chief Terry Holdemess explained during 2010 the Police Department used force 20 times, 17 were the lowest level of force. The other three times required a higher level of force. Two consisted of long drawn out fights involving several officers and highly intoxicated suspects resisting arrest. The third subject received a dog bite by a Medford Police Department canine assisting the Ashland Police Department with a search. Five suspects claimed minor injuries that did not require medical treatment. The suspect bit by the dog received treatment at the hospital prior to booking. Of the officers involved, five received injuries that required medical treatment. Three injuries were minor and two required multiple treatments. The majority of suspects requiring use of force were under the influence of alcohol, narcotics, or a combination of both. All Police Officers received a minimum of 25 hours training on use of force throughout 2010. Ashland Police Department did not use Tasers in 2010 and officers always warn subjects prior to using one. Officers arrested 1,800 in 2010, issued approximately.2,700 citations, took over 100 people to the Sobering Center, and conducted 50 mental health screenings. The Federal Bureau of Investigation developed part one crimes to track crimes nationally in the 1930s and it did not include newer crimes like identity theft. Ashland experienced a 4% decrease in part one crime in 2010, down 23.6% since 2008. The index rate used was crime incidents per 1,000 residents. The national average was 34 crimes per 1,000 individuals, in Ashland it was slightly over 27 per 1,000. Additionally the national average of violent crimes was 4.3 per 1,000 and Ashland was 1.1 per 1,000. Clearance rates indicate the number of solved crimes. The national average for clearance rates is 22%. In ANHLANU W1 Y C UUNUIL MLL77NU June 21, 1011 Page 4 of 6 2010, Ashland was 34%. The most significant crime in Ashland was sexual assaults. There were 9 raised to the legal definition of rape totaling 28 sexual assaults reported. This amount decreased in 2010 but statistics were not reliable since only a small percentage was reported. The Police Department used the limited resources available for education and programs. There was a rise in armed robberies, 4-5 in both 2010 and 2009. Chief Holdemess explained street disorder could be part two or part three crimes and over the past two years, complaints relating to disorderly conduct increased 20%. Most complaints generated for disorderly conduct were incidences that did not violate Oregon State Law. The Police would mediate or create an environmental fix but were ultimately restricted when someone was doing something they had the constitutional right to do and it bothered someone else. Council commented not all the issues with disorder in the downtown area related to homelessness and the Homelessness Steering Committee would not be able to address them. Alternately, the Homelessness Steering Committee received several requests for more police presence in the plaza area and Pioneer and East Main streets. Chief Holdemess explained mental health issues in Ashland were higher than the national average and all employees in the Police Department received crisis intervention training. The most frequent crime committed in Ashland was theft from vehicles and that decreased in 2010. Council noted the importance of supporting the Police Department and community actively reporting crimes, suspicious behavior, and public disruptions. 2. Does Council have any questions regarding the AFN 2011 Annual Report? IT Director Rob Lloyd explained the 2010-2013 allocated capital spending was three times higher than the previous 4 years. The budget would support core needs but not provide fiber to premise or home and AFN needed to maintain services and gain speed efficiencies. In less than four years, intemet speed would be insufficient and there will be more capital need. - There were two options proposed for cable television but the challenge was the customer base continuing to erode as more switched to wireless internet. In the new contract the customer will pay for the cost of AFN rendering the service and it was higher than what they had paid in the past. The goal was to ensure AFN and the City did not subsidize that business. Option two was harvest the backend until television was gone or pair up with dish providers to offer services in tandem. Public education government (PEG) fees also declined nationally and the iteration of how public television will exist was undefined at this time. Customers were becoming more internet based and no longer doing subscriptions. City Administrator Martha Bennett added PEG fees were on customer's bills whether they subscribed to AFN or Charter Cable. Mr. Lloyd explained the master contract was delayed due to staff turnover in the Legal Department but Legal was in the process of reviewing the draft. AFN had met nine of their 19 performance objectives. Eight were on target or ahead of schedule and two incomplete. Council discussed hiring an additional staff person or working out a support system with a vendor. Collaborating with a vendor would gain customers by expanding the business. Other comments included the importance of having a knowledgeable person assist Council with decisions regarding AFN. ASHLAND C17'Y CUUNCIL Mtt771Vl/ June 21, 201/ Page S of 6 Council directed staff to research having AFN or hiring a vendor to provide service that would allow the City to expand AFN directly to customers. 3. Will Council approve findings supporting their prior decision approving, with conditions, ODOT's request to extend City water and sewer services outside of the urban growth boundary to the proposed Siskiyou Welcome Center and Rest Area? Public Works Director Mike Faught explained Council approved extending water and sewer services to the Welcome Center and Rest Area with the following conditions: • That water use from the City of Ashland was limited to potable use only, no irrigation. • The City would execute an intergovernmental agreement (IGA) prohibiting water and sewer services until the Welcome Center and Rest Area construction was complete and staffing funded. • There was a 4-year time limit to begin construction from that approval. • The facility contained an Oregon Police substation. Council had further directed staff to testify at the Jackson County hearing and on May 11, 2011 Mr. Faught presented these conditions to the Jackson County Board of Commissioners during their Public Hearing. The next step was Council approving the final order outlining the authority to make this decision. Interim City Attorney Doug McGeary explained a lawsuit was filed since the April 19, 2011 but the Findings were secure and based on the decision of the Council. Mr. McGeary read two changes aloud regarding the four-year limit to complete construction and water use as non-irrigation instead of potable. With changes, the paragraph read, "Approval of ODOT's application to extend for water and sewer contingent upon Welcome Center being built, water use from the City of Ashland be limited to non-irrigation use only and adequate funding for maintenance and staffing with a four year limit to complete said development." Councilor Morris/Slattery m/s to approve the order which approves, with conditions, and the revisions, ODOT's application to extend water services outside of the urban growth boundary (UGB) as amended. Roll Call Vote: Councilor Silbiger, Slattery and Morris, YES; Councilor Chapman, Voisin and Lemhouse, NO. Mayor Stromberg broke the tie vote with a YES. Motion passed 4-3. Councilor Lemhouse and Chapman explained they voted against the Findings because they did not agree that it was beneficial to the City of Ashland. 4. Does Council wish to adopt the findings to formalize the Council's decision on the 260 First Street appeal (PA 2010-01611)? DISCLOSURE STATEMENT Council and the Mayor had no conflicts of interest or ex parte to declare. Councilor Silbiger/Lemhouse m/s to adopt Findings on the 260 First Street appeal as presented. Roll Call Vote: Councilor Silbiger, Morris, Slattery, Chapman, Voisin and Lemhouse, YES. Motion passed. ANHLANU CH Y CUUNGIL MLt 11N1i June 21, 2011 Page 6 of 6 NEW AND MISCELLANEOUS BUSINESS—None ORDINANCES,RESOLUTIONS AND CONTRACTS 1. Will Council hold Second Reading of an ordinance titled, "An Ordinance Levying Taxes for the Periods of July 1, 2011 to and Including June 30, 2012, Such Taxes in the Sum of $9,997,229 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland,Jackson County, Oregon"? Councilor Slattery/Lemhouse m/s to approve Ordinance #3049. Roll Call Vote: Councilor Voisin, Slattery, Chapman,Morris,Lembouse and Silbiger,YES. Motion passed. ADJOURNMENT Meeting adjourned at 8:49 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND C17'Y C;UUNC/L W'LUTAL MLL77NU June 28, 2011 Page 1 of 3 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL June 28, 2011 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council chambers. ROLL CALL Councilor Slattery,Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. Councilor Silbiger/Chapman m/s to add to the agenda the following items: under PUBLIC HEARING: Will the Council hold a public hearing and approve the request for a noise variance as allowed in AMC 9.80.170 for sounds resulting from Oregon Shakespeare Festival performances in Lithia Park? and under NEW & MISC BUSINESS: Will the Council approve the issuance of a City of Ashland license to the Oregon Shakespeare Festival Association for terminable exclusive use of a portion of Lithia Park for theatrical performances in temporary tent structures? Voice Vote: all AYES. Motion passed. SPECIAL PRESENTATIONS & AWARDS The Mayor's Proclamation of July 15, 2011 as Oregon Child Development Coalition Day was read aloud. Mayor Stromberg noted the recent passing of Ric Sayre, shared his accomplishments and honored him with a moment of silence. CONSENT AGENDA 1. Will Council the minutes of the Boards and Commission? 2. Does Council wish to enter into an Intergovernmental Agreement with Emergency Communications of Southern Oregon to provide emergency dispatch services to Ashland? 3. Should Council approve a resolution titled, "A Resolution Transferring Appropriations Within the 2010-2011 Budget"to remain in compliance with Oregon Budget Law? 4. Does the Council wish to approve the collection agreement between the City of Ashland and the United States Forest Service to provide a watershed patrol during the summer Tire season? Councilor Slattery/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will the Council hold a public hearing and approve the request for a variance from the City's noise ordinance, AMC 9.08.170, for sounds resulting from Oregon Shakespeare Festival performances in Lithia Park? Acting City Administrator Lee Tuneberg explained how the variance would support the theatrical performance's in the park. Public Hearing Open: 5:40 p.m. Public Hearing Closed: 5:40 p.m. City Attorney Dave Lohman added the variance applied to other sounds in addition to amplified. Councilor Chapman/Slattery m/s to approve a noise variance to accommodate amplified sounds AJHLANU Cl7Y CUUNCYL JPBCC/AL MLLIJIVU June 28, 2011 Page 2 of 3 resulting from OSF performances in Lithia Park. Voice Vote: all AYES. Motion passed. PUBLIC FORUM -None NEW AND MISCELLANEOUS BUSINESS 1. Will the Council approve the issuance of a City of Ashland license to the Oregon Shakespeare Festival Association for terminable exclusive use of a portion of Lithia Park for theatrical performances in temporary tent structures? Acting City Administrator Lee Tuneberg explained the license would allow OSF to use Lithia Park for performances. The City granted the permit license in coordination with the Parks and Recreation Commission. All parties had reviewed the license and agreed with the contents. Councilor Silbiger/Chapman m/s to approve issuance of license to OSF for terminable exclusive use of a portion of Lithia Park for theatrical performances in temporary tent structure. Voice Vote: all AYES. Motion passed. 2. Will Council approve a resolution titled, "A Resolution Allocating FY2011-12 Economic Development Program Funds"? Acting City-Administrator Lee Tuneberg explained staff recommended allocating the $125,000 in the following manner: • Business Retention& Expansion Survey: $25,000 • City Staffing for Economic Development Strategy implementation coordination: $20,000 • Urban renewal Plan: $85,000 • Set aside for Strategy implementation FY 2012-13: $20,000 Councilor Slattery declared potential conflicts of interest on both items #2 and #3 under New and Miscellaneous Business because of his association with the Chamber of Commerce and asked to be recused. Councilor Silbiger/Voisin m/s to recuse Councilor Slattery. Voice Vote: all AYES. Motion passed. Councilor Slattery left the meeting at 5:47 p.m. Councilor Silbiger/Voisin m/s to approve Resolution #2011-25 with the provision that no remaining funds be spent without Council approval. Voice Vote: Councilor Morris, Lemhouse, Voisin and Silbiger,YES; Councilor Chapman,NO. Motion passed 4-1. 3. Will Council approve the proposed contract with the Chamber of Commerce for Visitor and Convention Bureau services for FY 2010-2011 in the amount of$293,160? Acting City Administrator Lee Tuneberg explained the supplemental contract would grant the Chamber of Commerce an additional $25,000 for the business retention and expansion survey. Councilor Morris/Lemhouse m/s to approve contract with Chamber of Commerce for Visitor and Convention Bureau services for FY 2010-11 in amount of$293,160. Voice Vote: all AYES. Motion passed. Will Council approve the proposed supplemental contract with the Chamber of Commerce for developing and completing a business retention and expansion survey consistent with the draft Economic Development Strategy in the amount of$25,000? Councilor Voisin/Lemhouse m/s to delay approval of supplemental contract with Chamber of Commerce in the amount of $25,000 until after Council has had opportunity to consider the AN'HLANU(,]I Y C UUNL/L N/'LC IAL MLL I EVO June 28, 2071 Page 3 of 3 Economical Development Plan further. DISCUSSION: Councilor Voisin explained the survey did not include non-profit organizations. She also questioned the strategy and the five components that determined what businesses would be surveyed. Roll Call Vote: Councilor Voisin and Chapman, YES; Councilor Morris,Lemhouse and Silbiger,NO.Motion failed 2-3. Staff would address the concerns raised by Councilor Voisin. Councilor Silbiger/Lemhouse m/s to approve the proposed supplemental contract with the Chamber of Commerce for developing and completing a business retention and expansion survey consistent with the draft economic development strategy in the amount of$25,000. DISCUSSION: Councilor Chapman would vote against the motion. He had concerns the survey was based on a draft plan Council had not yet accepted and did not think the goals were clear. Councilor Silbiger commented the survey was something the Chamber had done in the past and this was a continuation of previous economic development surveys. Roll Call Vote: Councilor Morris, Lemhouse and Silbiger,YES; Councilor Voisin and Chapman,NO.Motion passed.3-2. 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'ate:cl3°� , \ �'•-�' �A �•; ,3' r � P 4a~"�„” ix� v Att cnP - •vebRZA + lip! i + A ��f,,f���c�!� to_�. ,• rl.m+,tetce, ,� � a �t s ��n`� fGl �� ry t • y DA A Ali 1 yj Irr CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES June 28, 2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Siskiyou Room, 51 Winbum Way. Commissioners Present: Staff Present: Larry Blake Bill Molnar, Community Development Director Michael Dawkins Derek Severson,Associate Planner Pam Marsh Melanie Mindlin Absent Members: Council Liaison: Debbie Miller Russ Silbiger, absent HISTORIC DISTRICT DESIGN STANDARDS UPDATE Associate Planner Derek Severson provided a brief overview of the project that is underway to revise Ashland's Historic District Design Standards and introduced J.Todd Scott who is the project consultant. Mr. Scott provided a presentation to the Commission on the proposed revisions to the Design Standards. He commented on why it is important to revise the standards, and listed the areas of key interest as:additions, imitations, and height. He presented pictures of several historic district structures, and listed what elements were successful and where he would have recommended changes to the design features. Mr. Scott reviewed the proposed revisions to the Design Standards, and recommended the City develop brochures that cover what kinds of things you should and should not do with historic buildings. Mr. Molnar asked how Mr. Scott would address a second-story addition in the downtown, on a block such as the one where the Columbia Hotel is located. Mr. Scott discussed the need to protect the historic integrity of existing single-story buildings, noting that additions to single-story volumes can be more problematic than on taller, multi-story buildings. In general, he suggested the best way to protect the historic integrity of the building would be to set the second-story addition well back from the existing fagade line. COMMISSIONER COMMENTS Commissioner Marsh commented on public education being a key component to all of this. She noted the ideas put forward are counter-intuitive to most people, including that windows and new materials should not exactly match those of the existing historic structure. Mr. Scott agreed and stated you want to be able to tell what portion of a building is new. He discussed the educational component of this project,which could involve fact sheets to act as handouts to supplement the Standards document. He discussed the sample fact sheet he prepared for windows, and noted that these could be prepared for a number of other relevant topics. Commissioner Marsh spoke to the issue of driveway and garage placement in historic districts and stated this can have a big impact in how a block feels.There was a general discussion of how development patterns have changed overtime to address the role of the car in American life, including the evolution from narrow, long lots to lots that are wider than they are deep.Additional comments were made regarding the need to address how pedestrian access from the sidewalk to a home is treated. Commissioner Marsh noted her concern of the how Floor Area Ratios are calculated and suggested they consider revising this. Mr. Severson commented on the next steps in the process and explained the consultant will take the comments and suggestions presented tonight and make his final refinements to the Standards, which will then be presented to Council for review in August. If the City Council is supportive of the revised Standards,staff will move forward with drafting an ordinance and formal public hearings will be held before the Historic Commission, Planning Commission and City Council. Ashland Planning Commission June 28, 2011 Page 1 of 2 OTHER BUSINESS Commissioner Marsh commented on the membership of the Planning Commission and noted Commissioner Rinaldi has resigned and they are now down to five members. She encouraged the current members to solicit persons they feel would be a good fit on the Commission and invite them to submit an application to the Mayor's office. Commissioner Dawkins asked about the Planning Commission's Retreat schedule and recommended they hold this at the same time each year either in the spring or summer. ADJOURNMENT Meeting adjourned at 8:30 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission June 28. 2011 Page 2 of 2 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES June 14, 2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Larry Blake Bill Molnar, Community Development Director Michael Dawkins Derek Severson,Associate Planner Pam Marsh April Lucas,Administrative Supervisor Debbie Miller John Rinaldi,Jr. Absent Members: Council Liaison: Melanie Mindlin Russ Silbiger, absent ANNOUNCEMENTS Commissioner Rinaldi noted the final meeting of the Economic Development Ad-Hoc Committee was held yesterday and they voted to advance the final Plan to the City Council. He provided a brief overview of the Plan's elements and stated the City Council will discuss it at the June 20, 2011 Study Session. Commissioner Marsh requested the final plan be provided to the Planning Commission once it is approved by the Council. Commissioner Miller stated she attended the June Historic Commission meeting and noted they are finishing up their work on the updated Historic District Design Standards. Mr. Molnar thanked Miller for bringing this up and stated the draft standards update would be presented to the Planning Commission at their June 281h Study Session. Miller noted she would absent from the June Study Session and would submit her comments to staff in advance of that meeting. Community Development Director Bill Molnar noted the additional joint meetings that could be added to the Planning Commission's schedule in order to finish up the Transportation System Plan update. He stated the next joint meeting with the Transportation Commission will be July 26,and they are proposing another joint meeting in August. He stated the draft Plan should be ready by November,and the formal public hearing has been tentatively scheduled for February, 2012. CONSENT AGENDA A. Approval of Minutes. 1. May 10,2011 Regular Meeting. Commissioners Rinaldi/Miller mis to approve the Consent Agenda.Voice Vote:all AYES. Motion passed 5.0. PUBLIC FORUM No one came forward. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2011-00397 SUBJECT PROPERTY: 2234 Siskiyou Boulevard(accessed from Chitwood Lane) APPLICANT: Groundworks Community Development Corp. DESCRIPTION:A request for Outline and Final Plan review, and Site Review approval to construct a five-unit townhouse development under the Performance Standards Options Chapter(AMC 18.88)for the property located at 2234 Siskiyou Boulevard,also known as Chitwood Park.The applicants have also requested a Tree Removal Permit to Ashland Planning Commission June 14. 2011 Page 1 of 3 remove three trees six-inches in diameter or greater at breast height; Exceptions to Street Standards to allow a dead- end street in excess of 500-feet in length,a private drive to serve five units, and a separation between driveways of less than 24 feet; and an Administrative Variance to the Site Design & Use Standards to allow a reduction in the separation and screening between residential units and parking areas. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;ZONING: R-1.7.5;ASSESSOR'S MAP: 391E 14 CB; TAX LOT: 100 Commissioner Marsh invited the Applicant to come forward. Kerry Kencaim/Applicant's Representative/Announced they are withdrawing their application and provided a brief explanation as to why. Ms. Kencaim stated they tried to carry forth a project that was desired by the Housing Commission and City Council, and their intention was to create something that the community said they wanted. She noted the issues that have come up and stated because this is an affordable housing project they cannot afford the legal fees and time delays, and at this point they cannot afford to move forward. Commissioner Marsh noted that a number of citizens had signed up to speak and asked if any of them would still like to come forward. Edward McBride/2241 Chitwood Ln/Requested confirmation that the Commission received his letter and pictures and that they would be included in the record. Marsh clarified the Commission did receive the materials submitted by Mr. McBride. Matthew Terreril2252 Chitwood Ln/Stated he is saddened that this project will not move forward and would have liked to seen something done with that land. He commented on the importance of doing a project right and getting the facts straight, and stated there were a lot of things that were not taken into consideration by the Applicant. PRESENTATION A. Firewise Presentation Firewise Communities Coordinator Ali True provided an overview of the City's Firewise program. Ms. True's presentation covered: • General overview of the Firewise Communities program and concept • Fuel arrangement and fire behavior • Home ignition zone concept and defensible space zones • Basic concepts of Firewise landscaping, including fire-resistant plants and which fire-prone plants to avoid Mr. True explained that by taking away the fuels, you can affect how a fire bums or whether it bums at all. She encouraged fire resistant landscaping and building materials, and stated involving planners in the landscape and construction design is an important factor of the Firewise program. She explained that by controlling the fuels within 100 ft to 200 ft of a home,you can impact how a fire bums;and in urban areas like Ashland this is often a shared responsibility between neighbors. Ms. True reviewed plantings that are fire-prone (including Junipers, Italian Cypress, and Rosemary), and suggested Firewise approved alternates that could be used instead, including those that are appropriate for privacy screening. Ms. True clarified there are some communities in California that have mandated Firewise landscaping requirements; however, in Ashland participation is voluntary. She also clarified all of the City's street trees are fire resistant. Mr. Molnar asked about privacy screening for upper floors. Ms. True stated there are some tall, narrow tree varieties(such as Aspen and Maple)that tend to provide the same type of screening as Italian Cypress, but in a much safer way. Ms. True commented on the outreach she performs. She stated she teaches a Fire Resistant Landscaping course to contractors, and it will be offered for nursery associations and local contractors through the OSU Extension office. She added it will also be offered by SOU and RCC as part of their credit program. Commissioner Marsh thanked Ms. True for providing this presentation and recommended the Firewise Program information be handed out by staff to anyone who gets a building permit. Ashland Planning Commission June 14. 2011 Page 2 of 3 OTHER BUSINESS A. TSP Joint Meeting Follow-up Discussion. Commissioner Marsh commented on the TSP Subcommittee meeting she attended, and asked if the commissioners had any other TSP related items they wished to discuss. Commissioner Blake commented on a commuting survey that was done at SOU regarding whether students would be supportive of a quarterly fee to cover bus passes;and whether they would be more likely to support this fee if there was better service. He stated there was a fair amount of support for this, however a bus pass fee would not be likely to pass until RVTD improves their connectivity. Associate Planner Derek Severson noted the Census statistics that were reviewed by Senior Planner Brandon Goldman which showed that Ashland is less car-centric that any other metropolitan area in the State, including Portland. ADJOURNMENT Meeting adjourned at 8:20 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Plianing Commission June 14. 2011 Page 3 of 3 CITY OF -AS H LAN D ASHLAND HOUSING COMMISSION MINUTES March 23,2011 CALL TO ORDER Chair Regina Ayars called the meeting to order at 4:30 p.m. at the Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present: Council Liaison Jody Waters Mike Morris Regina Ayars Barb Barasa Staff Present: Ben Scott Linda Reid, Housing Specialist Richard Billin Carolyn Schwendener, Account Clerk Nikki Pons Commissioners Absent: James Dills, excused APPROVAL OF MINUTES Billin/Scott m/s to approve the minutes of the February 23, 2011 regular Housing Commission meeting. Voice Vote: All Ayars. The minutes were approved as presented. PUBLIC FORUM Sherry Smilo, who lives at the Tolman Creek Park, the manufactured home park located at 215 Tolman spoke. Ms. Smilo shared her concerns regarding the proposed pathway from Clay Street to Tolman Creek Road. She does not want to see any new walking paths or Streets by their homes as it creates more noise, litter and light pollution. Ms. Smilo said the traffic is already overwhelming and the residents at the park do not need to deal with any more. Barasa suggested that Ms Smilo contact Jim Olson in the public works department to discuss any traffic studies that have been done. It might help her case if she had some data to support her claim. TGM GRANT APPLICATION-NORMAL AVE NEIGHBORHOOD PLAN Brandon Goldman, City of Ashland Senior Planner, explained the Transportation Growth Management (TMG) application. At their March 1, 2011 meeting the City Council directed staff to prepare an application for the TGM program to fund the preparation of an area plan for the North Normal Avenue neighborhood. Goldman has requested that the Housing Commissions sign a letter of support for the project that could be included with the Grant Application. The Commissioners voted in favor of signing the letter. CDBG PRESENTATIONS Public Service Applications Children Advocacy Center— Mark Huddleston, District Attorney and Board Member with the Children's Advocacy Center presented the proposal. CAC has been providing services to youth and families in Jackson County since 1998. They serve over 800 youth per year. The requested funds in the amount of $30,000 will be used for staff members who provide direct vital services to victims of child abuse. Project objectives for the Ashland residents include providing child and teen abuse services to 45 victims and at least 5 training and education outreach events 1 March 23, 2011 to several groups to prevent abuse. Mr. Huddleston said CAC appreciates any support that the Commission can offer and will proceed with their goals even if they are not awarded this grant. Questions from Commissioners Are your programs available in Ashland? Yes. CAC has been awarded a small grant through the City's General Fund Social Service grant program. Without these monies what will happen to your services being offered? We have many fund raisers throughout the year including a Charity Ball that raises fifteen to twenty thousand. We are always continuing to look for new sources of funding. What is your total agency budget? Total cost of the Social Service Proposals is $979,269 St. Vincent DePaul — Volunteers Rich Hanson and Charlotte Dorsey were present to review and answer questions about their application. St. Vincent DePaul has applied for funds in the amount of $30,000 to help low-income families achieve affordable housing and move toward economic self-sufficiency. This grant specifically will help them defray the costs of rent and provide relief for people facing eviction notices. The monies will be used by the volunteer staff which makes up the Ashland Home Visitation Teams which serves southern Jackson County primarily in Ashland and Talent. St. Vincent DePaul received last year's grant money and has already utilized that money assisting over 30 families totaling 84 individuals to either stay in their homes or move into affordable housing. The grant money has allowed them to assist a family with rent for up to three months rather than once every twelve months as allowed through the St. Vincent regulations. All funds received will go directly to helping the poor, they have no paid employees. Mr. Hanson commented that as much as they need the grant money they also need volunteers. Capital Improvement Applications Access, Inc. — Merry Hart, Development Coordinator for Access, gave the presentation. Access is requesting $166,000 for the acquisition and predevelopment of a deed restricted parcel of land off of Dollarhide to be developed as six units of affordable rental housing. It is anticipated that there would be three- one bedroom units, one- two bedroom unit and two- three bedroom units. Their target population will be those earning 50% to 60% of the Area Median Income (AMI)and below with rents initially set at 50% (AMI). Questions from Commissioners What will the money be used for? Acquisition of the property itself as well as predevelopment fees such as building permits. Will you need to go through a planning action? Yes, this is expected to be accomplished later in the development process. An application was previously approved and we will need to be consistent with that approval. System Development Charges will be waived though Engineering and Community.Development fees will not. The units could easily all be made into one bedroom units and meet the needs of the Community stated Pons. Will there be services/a manager on site? No. Will this project be feasible if you receive less money then you have requested? 2 March 23, 2011 The most important part is to be able to cover the cost of the land purchase and closing costs. Community Health Center — Peg Crowley, Executive Director of the Community Health Center gave the presentation. The Community Health Center was founded in Ashland in 1972 by volunteers to promote the health of low-income, working uninsured and other vulnerable children and adults in Jackson County.The Center is asking for $14,900 to install ADA accessible automatic door systems for the Community Health Center's Ashland clinic site. The Center is located at 99 Central Ave. There are an increasing number of people who need this assistance. In recent years more previously homebound/mobility impaired people are getting out and about. Questions from the Commissioners What will happen if you don't receive the funds? We will continue to search for other grant money. How much General Fund social services grant money did you receive? $37,000 Ms. Crowley acknowledged the wonderful work that St. Vincent DePaul does in our community and commented "We would stand aside on this to give them the money" Living Opportunities—No one was present to give a presentation. Staff Recommendations — Reid did an evaluation of the five applications received to determine whether they meet the Federal CDBG regulations and address the priorities identified within the City of Ashland 2010-2014 Consolidated Plan. Staff recommends that the Access, Inc proposal be funded in the amount of$163,142 and recommends that the St. Vincent DePaul-Home Visitation proposal be fully funded in the amount of$30,000. Staff's motion: To recommend funding the ACCESS, Inc — Hyde Park acquisition proposal $163,142 to purchase property on Dollarhide on which to develop six units of affordable housing targeting families and individuals making 60% of the AMI or below for a period of not less than 60 years, and to fund the St. Vincent DePaul-Home Visitation Program for $30,000 to provide emergency rent and utility assistance to low-income populations in an effort to avoid homelessness. The Commissioners discussed the recommendation. Waters/Billin m/s to accept the staff recommendation. Voice Vote: All ayes. Motion passed unanimously. The motion will be forwarded to the City Council and final award will take place at the April 51" meeting. REPORTS AND UPDATES Liaison Reports Council — Morris said the Council approved raising the water and sewer rates. Social Service grants were awarded. The Council is still working on the budget. Parks —No report School Board— No report Planning— No report Transportation— No report SOU- Jordan Espinoza has applied to be on the Housing Commission as a student Liaison. Not sure if that 3 March 23, 2011 appointment has happened yet. Staff— Reid announced the date for Project Homeless Connect has been set for June 22 at the Medford Armory. There are many volunteer opportunities as well as the need for donations. La Clinica has already offered 40 dental appointments, Lunch will be served, a veterinarian, etc. A flyer with details will be handed out in the near future. APRIL 27, 2011 MEETING AGENDA ITEMS Approval of the draft Action Plan after the award is presented at Council ACLT would like to speak at the next meeting regarding some organizational changes. Dills and Billin will get together to discuss ideas for the Housing Trust Fund and present at the May meeting. Invite former chair of Medford Housing and Community Development Commission to discuss their proposals for funding an affordable housing trust fund. A representative from the Southern Oregon Housing Resource Center will be there to discuss ideas for a foreclosure prevention event An update and discussion on how the commission is addressing the five goals This was Commissioner Pons last meeting as she will be returning to Oklahoma to look for work. The Commissioners thanked her for her service and wished her well. , Quorum Check—Billin will be gone. Billin would like his mail sent to his home address at 520 Dogwood Way. UPCOMING EVENTS AND MEETINGS Homeless Task Force Meeting—April 19, 2011: 10:30-12:00 Housing Authority Conference Room 2231, Table Rock Rd City Council Meeting (ad-hoc Committee appointment&final grant awards)-April 5, 2011: 7:00 PM Council Chambers Nekt Housing Commission Regular Meeting 4:30-6:30 PM, April 27, 2011, Council Chambers, 1175 East Main Street ADJOURNMENT-The meeting was adjourned at 6:20 p.m. Respectfully submitted by Carolyn Schwendener 4 March 23, 2011 CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES April 27,2011 CALL TO ORDER Chair Regina Ayars called the meeting to order at 4:32 p.m: at the Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present: Council Liaison Nikki Pons Mike Morris Regina Ayars Barb Barasa Staff Present: Ben Scott Linda Reid, Housing Specialist James Dills Carolyn Schwendener, Account Clerk Commissioners Absent: Jody Waters, excused Richard Billin, excused APPROVAL OF MINUTES Dills/Pons m/s to approve the minutes of the March 23, 2011 regular Housing Commission meeting. Voice Vote: All Ayes. The minutes from the March 23, 2011 meeting were approved as presented. PUBLIC FORUM No one spoke At the last Housing Commission meeting Pons reported that she would be leaving town and will be resigning from the Commission. Her plans have since changed and she is not leaving town at this time and has decided to remain on the Commission. She did not submit a letter of resignation. The Commissioners discussed the idea of reducing the required amount of members on the Commission from nine to seven. Morris said the Planning Commission is also discussing the idea of reducing their members to seven from nine. Barasa/Scott m/s that we ask City Council to reduce the number of voting members from nine to seven. Morris will move the motion forward to the Council and bring back the decision to next month's meeting. ASHLAND COMMUNITY LAND T-UPDATE ON ACTIVITIES Krista Bolf, Board member of ACLT spoke. Bolf explained that the Land Trust was originally formed almost fifteen years ago as a collaboration between the Housing Commission, the City of Ashland and ACCESS, Inc. with a mission to provide affordable housing in the City of Ashland. The concept of the Land Trust was that the land remains in a trust so that upon resale the entity; (ACLT) would keep the land affordable by having the right of first refusal and basically the controller of the land. ACLT does this on behalf of the City of Ashland as almost all of the funding has been provided through CDBG funds. ACLT has been able to do the projects using volunteer Board members rather than paid staff. It is becoming more and more difficult for the volunteers to maintain the work that needs to be done as well as doing their real jobs. Krista presented the idea to the Commission of doing a merger or changing their status. ACLT is considering merging with another non-profit housing organization, most likely ACCESS or possibly Groundwork's. Krista said they welcome ideas and suggestion from the Commissioners. Steve Ennis, Board member of ACLT gave an overview of their properties. Currently ACLT has sixteen different units with two more under construction for a total of thirty-eight occupants, six land leases and ten rentals. The rentals vary in rent from $350 to $620. All tenants or lease holders fall within the fifty to sixty percent AMI range. ACCESS manages most of 1 I the ACLT properties at this time. Mr. Ennis acknowledged that the Bridge Street property (410 & 412 Bridge) is coming along quite nicely and is scheduled to occupy by June of this-year. Currently the project was designed for rentals but in the long term might be for sale. SOUTHERN OREGON HOUSING RESOURCE CENTER-OVERVIEW Karen Cooper, Housing Resource Specialist with ACCESS Inc and Kari Davis from Rogue Federal Credit Union KDRV and the Home Builders Association were present to discuss their programs and their resources for Foreclosure Prevention. ACCESS has been the Community Action Agency for Southern Oregon since 1976 and the HUD certified Housing Counseling Agency since 1991. They are the resource for Foreclosure Prevention. ACCESS has served thirty-five home owners last year and expects to exceed those numbers this year. Examples of assistance are; Loan modifications, special forbearance, repayment agreements, short sales, deed-in-lieu of foreclosure and foreclosure timelines. ACCESS has affordable rentals available for those who might need another place to live. ACCESS served six hundred and twenty-one home owners in their Housing Resource Center. They are seeing an increase in Ashland residence seeking their help. In 2009 RVCU partnered with KDRV and Jackson County Home Builders Association to form a program called Building Hope. Since the program began they have had over 3200 people attend their classes. Three classes are offered. 1. Crisis Budgeting 2. Modification process, updates regarding new laws and resources 3. Attorney, John Hanson, discusses the foreclosure process, home owner rights, what to watch out for, how to avoid scams, options, short sales, bankruptcy. It becomes like a town Hall meeting with questions for free legal advice. The Commissioners would like to be able to offer these classes locally for Ashland residents. What would be needed is a venue in order to have them. COMMUNITY AND SHELTER ASSISTANCE CORPORATION MEETING-OVERVIEW Commissioner Barasa gave a short update regarding her past presentation on Manufactured Housing and Manufactured Home Parks. Barasa's vision is that individual people could use manufactured housing for cheaper housing by putting the homes on their own lots or build a land trust model where an agency would own the land and lease the land at a reduced amount. In her exploration of what was available Barasa found two options ROC,USA, (Residential Owned Communities) and CASA (Community and Shelter Assistance Organization). Barasa met with the executive director of CASA, Peter Hainley. Hainley directed her to two promotional videos. Barasa showed one of the videos to the Commissioners explaining their program. Barasa had three suggested goals for the Commissioners 1. Include language in the Comprehensive Plan stating that preservation of manufactured housing is a priority. 2. Find out how the City can facilitate conversion of existing parks to ROC when possible 3. Review and possibly change LUO for manufactured housing. Reid acknowledged that at the regular planning staff meeting inconsistencies found throughout the land use code and specifically the Manufactured Home sections were discussed. Reid will find out when those updates will be completed. ACTION PLAN REVIEW AND APPROVAL The City of Ashland is an entitlement community under the U.S. Department of Housing and Urban Development's (HUD) CDBG Program. Reid reported that for the 2011 program year the City has received notification from HUD that it anticipates a funding reduction to the CDBG program of approximately 16.5%. The Housing Commission is charged to hold this public hearing to take comments regarding the use of CDBG funds and to make a recommendation regarding the 2011 Action Plan for the use of CDBG funds in order to fulfill the HUD requirements for public participation and review. No public input was given. 2 Dills/Scott m/s to approve the motion suggested by staff. "To approve the 2011 CDBG Action Plan with grant awards as presented with the understanding that final awards may be modified to reflect an anticipated 16.5% reduction in 2011- 2012 CDBG program funding as presented in the memo dated 412612011 or in accordance with the final funding amount from HUD." Voice Vote: All Ayes. Motion passed. HOUSING COMMISSION GOAL REVIEW AND DISCUSSION 1. Evaluate Housing/Demographic mix to better promote needed housing types that match the demographics of the Ashland community. Pons will work with Reid on an Ad-Hoc committee to address this goal. Reid said that the rental registry and ordinance has gone forward as part of the business license registry. 2. Preservation of vulnerable properties. Last year the Commissioners took a tour of the properties. Reid will update the list of vulnerable properties and bring it back to next month's meeting. 3. Clay Street — remaining acre developed as workforce housing. The City,Planning Department will be coming presenting option to the Council. Reid will send out an email to the Housing Commissioners with an update of what the options are. Ayars is interested in following through with this goal. 4. Foreclosure Prevention— Put together an informational brochure of resources for homeowners facing foreclosure. Provide education and outreach to homeowners facing foreclosure to insure that they are able to maintain stable housing options. It was suggested to host a presentation by Karen Cooper and Kari Davis the two ladies in Ashland to share with the public the information that they provided for the Commissioners. Perhaps at the Library. Reid will find out when they will be available. Maybe two separate times to meet everyone's schedule. 5. Identify a permanent funding source for the Housing Trust Fund. Dills and Billin are working on this goal. They will have an update at next month's meeting. The Commissioners have agreed to have a Request For Proposal in the CDBG cycle next year. Funds would be awarded in the Spring. REPORTS AND UPDATES Liaison Reports Council — Morris reported that at last month's Council meeting the Councilors discussed the property at Bud's Dairy off of Dollarhide. The Councilors concern was that the property can only be used for affordable housing so why was it so expensive? Wondered if the price had been negotiated at all. Parks—No report School Board— No report Planning— No report Transportation — Ayars attended the Transportation commission meeting though nothing on their agenda was related to housing. Their main topic was about the upcoming North Main Road Diet. SOU- No report Staff— No report MAY 25, 2011 MEETING AGENDA ITEMS Quorum Check—everyone will be here. UPCOMING EVENTS AND MEETINGS Homeless Task Force Meeting — May 17, 2011: 10:30-12:00 Housing Authority Conference Room 2231, Table Rock Rd, Medford City Council Meeting (ad-hoc Committee appointment &final grant awards)-April 5, 2011: 7:00 PM Council Chambers Next Housing Commission Regular Meeting 4:30-6:30 PM; May 25, 2011, Council Chambers, 1175 East Main Street ADJOURNMENT-The meeting was adjourned at 6:40 p.m. Respectfully submitted by Carolyn Schwendener 3 CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES May 25,2011 CALL TO ORDER Chair Regina Ayars called the meeting to order at 4:30 p.m. at the Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present: Council Liaison Nikki Pons Mike Morris Regina Ayars Barb Barasa Staff Present: Richard Billin Linda Reid, Housing Specialist James Dills Carolyn Schwendener, Account Clerk Commissioners Absent: Jody Waters Ben Scott APPROVAL OF MINUTES No minutes to approve. The April 27, 2011 Regular Commission Meeting minutes will be put in next month's packet. PUBLIC FORUM No one spoke VULNERABLE PROPERTIES DISCUSSION One of Housing Commission's Goals is the preservation of vulnerable properties. Reid discussed some of the funding mechanisms used to preserve affordable housing. There is quite a variety of loan programs and grants. Financing-Multifamily Loan Programs • Elderly& Disable Loan Program • Loan Guarantee Program and General (Lease)Guarantee Program • Pass-Through Revenue Bond Financing Program (Conduit) • Predevelopment Loan Program and Habitat Predevelopment Loan Program Risk Sharing Loan Program • Housing Preservation Community Inventive Fund • Grants and Tax Credits Both Rural Development and The Department of Housing and Urban Development (HUD) offer loans with an agreement to have twenty or thirty years of affordability. Rural Development offers several different financing programs for developers providing affordable housing including Section 533 Housing Preservation Grants, Section 514m 515 and 516 Multi-family Housing Revitalization Demonstration Program loans specifically for the preservation of affordable rental projects. HUD offers several different financing programs for developers providing affordable housing. Private Developers could get a loan from HUD or Rural Development in return the developer signed a contract to maintain as them as affordable for a period of twenty or thirty years. There are two types of 1 i affordable housing projects, subsidized projects which are essentially units subsidized similar to the section eight program. These subsidies are also known as project based vouchers. The person living in that unit can only pay rent and utilities for what they can afford and HUD says that is thirty percent of their income. The owners and investors are offered the opportunity to renew the contract. The last person to live in the unit receives a transferable (portable) voucher. Unit built utilizing Rural Development loans. These loans have different rules then the HUD financed units. They have a 20 year period of affordability and a long waiting period before owner can offer it on the open market. An example of this is the Stratford Apartments on Clay Street. It did get purchased by a developer of affordable housing and will remain affordable. The Commissioners received a list of Expiring Use/Preservation Units from Reid. They discussed what they could do to help see that these units would not go away. There might be an opportunity to use the Housing Trust Fund to assist with the preservation of these units. Energy tax credits are also available. Barasa is interested in putting together a notice for the affordable housing providers and property owners outlining the monies that could be available, City, State and Federal programs. Barasa will draft a letter and bring it back to next month's meeting for review. The Commissioners would like a field trip of vulnerable properties and discussed the possibility of inviting the Community to join them. Education of the public is important though not a Housing Commission goal at this time. Put on next month's Agenda the possibility of a television program showing the affordable housing units in Ashland as well as an open discussion. ACTION ON GOAL#1 Reid gave an update on the Rental Registry which is the Housing Commission Goal #1. Reid spoke with Bill Molnar, Community Development Director, and was given the go ahead to work on this project by June 1, 2011. The Council approved the Rental Registry fee change but not the part of the ordinance that pertained to the rental registry of properties with four or more units. The Commission was hoping to get data on unit size, bedrooms, etc. That information is not being taken at this time. It has gone back to legal. We may look into a separate ordinance possibly with the fire department, staled Reid. Brandon Goldman, Senior Planner with the City, will come to next month's meeting and give an update on the Clay Street property and plans that the City might have. MEMO TO COUNCIL RE: MEMBERSHIP NUMBER CHANGE The Commissioners reviewed the memo Reid had prepared for the City Council regarding the membership number change from nine to seven voting members. The Commissioners agreed to send the memo to City Council. MEMO TO COUNCIL RE: NUMBER OF CDBG AWARDS PER YEAR The Commissioners, wanting to be respectful of Reid's time, asked if administratively she could handle awarding three applicants CDBG funds in a given year rather than two. Reid acknowledged that she did not think it would be an issue and it would at least allow for that option if the opportunity arose. HOUSING TRUST FUND DISCUSSION Dills acknowledged that it is important to determine the scope of how the funds can be used and have clearly defined achievable goals before presenting funding options to the City Council. Both he and Billin agreed that they would like a variety of sources rather than just one or two. Billin commented that it's important to find a way of funding that is inoffensive and is not going to create a lot of opposition. A fee could be tacked on to any renewable permit, such as backflow or fences. Punitive fees for weed abatement or even a portion of hotel motel tax was suggested. Billin reminded the commissioners that a good source of funding should relate to Housing in some way. Ayars put forward the idea that the Housing Trust Fund could get a portion of any business license for rentals. The Commissioners will discuss this topic again at next month's meeting. 2 REPORTS AND UPDATES Liaison Reports Council— No report Parks— No report School Board— No report Planning — Pons watched the Planning Commission meeting and said they were reviewing the Chitwood Affordable Housing project. There is a discrepancy over the on street parking and the Commission has postponed the meeting until next month. Transportation— No report SOU- Dills said he and Nick O'Neill were excited about the student that had previously showed an interest in becoming the SOU liaison though since he hasn't showed up yet they are no longer counting on him. Dills asked Nick to keep him updated of any future prospects. They will be looking for someone who sees this Commission as part of their career path. Perhaps someone in City government, Political Science or a City Planner. Probably won't find anybody until Fall. Staff — Reid announced that Project Homeless Connect will be on June 22, 2011 at the Medford Armory from 9:00 a.m. to 4:00 p.m. JUNE 22, 2011 MEETING AGENDA ITEMS Quorum Check—Ayars will be absent so Billin will be Chair at next month's meeting. UPCOMING EVENTS AND MEETINGS Homeless Task Force Meeting—June 21, 2011: 10:30-12:00 Housing Authority Conference Room 2231, Table Rock Rd, Medford Next Housing Commission Regular Meeting 4:30-6:30 PM; June 22, 2011, Council Chambers, 1175 East Main Street ADJOURNMENT -The meeting was adjourned at 6:35 p.m. Respectfully submitted by Carolyn Schwendener 3 CITY OF -ASHLAND Council Communication Request for Approval of Public Contracts for Janitorial Services Services to be provided by Pathway Enterprises (QRF) Meeting Date: July 19, 2011 Primary Staff Contact: Mike Faught/Don Robertson Department: City/Parks E-Mail: Mike.faught a,ashland.or.us Secondary Dept.: Purchasing a Secondary Contact: Dale Peters/Rachel Dials Approval: Martha Bennett Q '� Estimated Time: Consent Statement: Will the City Council, acting as the Local Contract Review Board, approve the award of two public contracts for janitorial services (individual contracts awarded by City and Parks) to Pathway Enterprises (QRF)? Staff Recommendation: Staff recommends the public contracts for janitorial services be awarded to Pathway Enterprises (QRF) in accordance with ORS 279.835-855. Background: Pathway Enterprises is a local company certified as a Qualified Rehabilitation.Facility (QRF) by the State of Oregon/State Procurement Office/Department of Administrative Services. In accordance with ORS 279.835-855, the City of Ashland/Ashland Parks & Recreation is required to procure goods and services directly from a QRF, if the QRF-can.provide the services to the City's/Park's specifications and delivery timelines. _ Pathway.Enterprises has been providing janitorial services for the City the previous six (6) fiscal years and for Ashland Parks & Recreation the previous one (1) fiscal year. - The proposed costs for FY 2011-2012 are as follows: - City of Ashland - $76, 511.58 Ashland Parks & Recreation - $29,275.07 Note: The proposed costs for janitorial services include/require paying the City's Living Wage of $13.53/per hour effective June 30, 2011. Related City Policies: 279.835 Definitions for ORS 279.835 to 279.855. As used in ORS 279.835 to 279.855: (1) "Department"means the Oregon Department of Administrative Services. (2) "Direct labor" includes all work required for preparation, processing and packing, but not supervision, administration, inspection and shipping. (3) "Individual with a disability"means an individual who, because of the nature of disabilities, is not able to participate fully in competitive employment, and for whom specialized employment opportunities must be provided. Pagel of 3 Imo, CITY OF ASHLAND (4) "Public agency" or"public contracting agency" means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts and any public body created by intergovernmental agreement. (5) "Qualified nonprofit agency for individuals with disabilities" means a nonprofit activity center or rehabilitation facility: (a) Organized under the laws of the United States or of this state and operated in the interest of individuals with disabilities, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; (b) That complies with any applicable occupational health and safety standard required by the laws of the United States or of this state; and (c) That in the manufacture of products and in the provision of services, whether or not the products or services are procured under ORS 279.835 to 279.855, during the fiscal year employs individuals with disabilities for not less than 75 percent of the work hours of direct labor required for the manufacture or provision of the products or services. [1977 c.304 §3; 1983 c.690 §17; 1 989 c.224 §42; 1991 c.93 §1; 1993 c.500 §34; 2001 c.104 §96; 2003 c.794 §2296; 2007 c.70 §62] 279.840 Purpose. The purpose of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 is to further the policy of this state to encourage and assist-individuals with disabilities to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and constant market for sheltered workshop and activity center products and services, thereby enhancing their dignity and capacity for self-support and minimizing their,dependence on welfare and need for costly institutionalization. [1977 c.304 §2; 1989 c.224 §43;2003 c-794 §229c; 2007 c.70 §63] 279.845 Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules. (1) It is the duty of the Oregon Department of-Administrative Services to: (a) Determine the price of all products manufactured and services offered for sale to the various public agencies by any qualified nonprofit agency for individuals with disabilities: The price shall recover for the workshops the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement; (b) To revise such prices from time to time in accordance with changing cost factors; and (c) To make such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. (2) The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency, which the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and revisions thereof shall be distributed to all public purchasing officers. (3) The department may not delegate any duty imposed under this section to any person or public agency outside of the department. [1977 c.304 §4; 1989 c.224 §44; 2003 c.794 §229d; 2007 c.70 §64] 279.850 Procurement of product or service; agreements for procurement. (1) If any public agency intends to procure any product or service on the procurement list, that public agency shall, in accordance with rules of the Oregon Department of Administrative Services, procure such product or service, at the price established by the department, from a qualified nonprofit agency for individuals Page 2 of 3 11FALWA CITY OF ASHLAND with disabilities, provided the product or service is of the appropriate specifications and is available within the period required by that public agency. (2) In furthering the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335, it is the intent of the Legislative Assembly that there be close cooperation between the department, public contracting agencies and qualified nonprofit agencies for individuals with disabilities. The department on behalf of public contracting agencies and qualified nonprofit agencies for individuals with disabilities is authorized to enter into such contractual agreements, cooperative working relationships or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law requiring procurement of products or services. [1977 c.304 §5; 1989 c.224 §45; 2003 c.794 §229e; 2007 c.70 §65] 279.855 Entities that may obtain goods and services through Oregon Department of Administrative Services. The following may purchase equipment, materials, supplies and services through the Oregon Department of Administrative Services in the same manner as state agencies as provided in ORS 279A.140 to 279A.155 and 279A.250 to 279A.290: (1) Qualified nonprofit agencies for individuals with disabilities participating in the program set forth in ORS 279.835 to 279.855, 279A.025 (4) and 279035. (2) Residential programs when under contract with the Department of Human Services to provide services to youth in the custody of the state. (3)Public benefit corporations, as defined in ORS 65.001, that provide public services either under contract with a state agency, as defined in ORS 171.133, or under contract with a unit of local government, as defined in ORS 190.003, that funds the contract, in whole or in part, with state funds. [1977 c.304 §7; 1989 c.224 §46; 1991 c.419 §1; 2001 c.900 §51; 2003 c.794-§229f-, 2007 c.70 §66] Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the public contract awards. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the public contract awards. Attachments: Pathway Enterprises - Proposal Letter for City (Detailed Costing Workbooks available upon request) Pathway Enterprises - Proposal Letter for Parks(Detailed Costing Workbooks available upon request) How to do business with a QRF Page 3 of 3 IA, Pathway ISSA MEMBER Enterprises, Inc. Th` :,1:E1 nn Clpr,inq'and Sainten�nce June 15,2011 Kan Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland,OR 97520 Ms. Olson, I have prepared our Janitorial pricing proposal for the City of Ashland based on the current Living Wage data. Overall,by incorporating the new Living Wage our annual price for services is increased from$75,840.54 to$76,511.58 for a total annual increase of$671.04. The updated changes for 2011 services areas follows-------- - • The Living Wage increased from$13.40 per hour to$13.53 per hour. _- The following chart reflects the changes contained in the attached costing spreadsheets. .- _ CITY OF ASHLAND COSTING CHANGES 2011 -2012 — 2010-2011 2011 -2012 Increase Amount THE GROVE 10,512.75 10,605.31 92.56 SERVICE CENTER 9,916.47 10,003.24 86.77 STREET AND SHOP 4,416.09 4,450.80 34.71 POLICE DEPARTMENT 11,705.31 11,809.44 104.13 CITY HALL 12,897.88 13,013.57 115.69 COMMUNITY DEVELOPMENT 19,456.98 19,636.31 179.33 MUNICIPAL COURT 6,935.06 6,992.91 57.85 TOTAL ANNUAL COST 75,840.54 76,511.58 671.04 TOTAL MONTHY COST 6,320.05 6,375.97 55.92 Pathway . IAMEMBER Enterprises, Inc. TJr Y;E on:.�Pi in5 an 1��Eiry n.nre In total we propose an increase of less then I%for the upcoming year. Pathway Enterprises,Inc. truly appreciates the partnership we have with you and we hope to continue providing an expanding variety of services to you and your customers. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 655 Washington Street Ashland,OR 97502 (541)488-1536 (541) 601-4550 (541)488-5948 Pathway MEMBER Enterprises, Inc. Th `'``E nn Clan•,in5 and ktiNen.nrr. June 22,2011 Rachel Dials Recreation Superintendent City of Ashland 340 S. Pioneer Street Ashland,OR 97520 Ms. Dials, I have prepared an updated cleaning costing proposal for your facilities based on the change in Living Wage from$13.40 to$13.53 per hour. In addition, I have included additional prices for requested services you may have current or future need of. All of the pricing information incorporates the Ashland Living Wage of$13.53 per hour. In summary,my annual costing proposal is as follows: 2010-2011 Pricing 2011 -2012 Pricing Parks and Recreation Office $5,139.61 $5,184.73 Nature Center $3,946.09 $3,979.63 Community Center&Pioneer Hall $19,932.13 $20,110.71 Total Annual Cost $29,017.83 $29,275.07 The overall increase is for$257.24 annually. I have attached the costing work sheets for your reference. I truly appreciate the partnership we have with the City of Ashland and hope that we have the opportunity to serve you in the Parks facilities. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 655 Washington Street , Ashland,OR 97502 (541)488-1536 (541) 601-4550 (541)488-5948 Pathway = ISSA AIEM9ER Enterprises, Inc, nn Clvv m s Th. YI:E an 1 �itim nmce June 22, 2011 Additional Services Pricing List Nature Center Strip and Finish $200.00 per occurance Carpet Cleaning $0.12 per square foot ($100 Minimum) Pioneer Hall Strip and Wax $550.00 per occurance Pioneer Hall In place Drapery cleaning $12.00 per drape(6'x 8') Additional Hourly Rate for Hall Cleaning $ 20.00 per hour Search for QRFs by product, service or name online. http://dasapp.oregon.gov/qrf/index.aspx Qualified Rehabilitation Facilities Hlow to do Business with . • Q: What is a Qualified Rehabilitation Facility "QRF" and what do they do? A: A Qualified Rehabilitation Facility "QRF" is a non-profit organization that puts Oregonians with disabilities to work. It is a place of business and a training facility; with workshops, equipment, class and meeting rooms, offices and other business necessities. Many QRFs have other business locations as well, such as a downtown office, bakery or mailroom. The mission of a QRF is to help people with disabilities achieve self-confidence and self-sufficiency by working in the community in which they live and becoming productive citizens. A QRF often has a variety of programs to help people with disabilities achieve maximum economic and personal independence through vocational development. It is "qualified" because its programs are registered and reviewed on a regular basis by the Oregon Department of Administrative Services (DAS). Q: What are the reasons to do business with a QRF? A: As a purchasing agent or buyer for a taxpayer-supported political subdivision, such as a city, county, school district, or an agency of the state of Oregon, there are several reasons to do business with a QRF: 1. It is the right thing to do. People who work in a QRF business need your help; jobs depend on business,-orders. There are thousands of Oregonians who are out of work because of a disability. As a public purchasing agent, you can make a difference. Your cooperation and willingness to buy goods and services from QRF businesses puts disabled people to work. - 2. It is the smart thing to do. Oregonians with a disability who earn a wage require less taxpayer money. Your participation makes a difference to all Oregontaxpayers. 3. It puts you in the driver's seat. A negotiated contract process can allow you to tailor specifications to get exactly the product/service or performance you want. The long-term relationship with a QRF makes contract renewals a breeze. It also reduces the time to establish a contract. 4. It is the necessary thing to do. In 1977, the Oregon legislature passed the "Products of - Disabled Individuals" act. This law obliges all state and local governments, school districts, _and other tax-supported political bodies in Oregonto purchase goods and services from QRFs when the product or service is listed on the DAS Procurement List and meets the agency's requirements. The details of this act are contained in Chapter 279.835-855 of the Ore�<ri R�� ed_Statutes„(ORS 279). This Chapter, "Public Contracts and Purchasing,”spells out to all tax-supported state and local agencies how they are to spend the taxpayers' money on needed goods and services. Q: When should you do business with a QRF? A: Anytime you plan to make a purchase of the types of goods or services listed in the DAS Directory Of Qualified Rehabilitation Facilities (Pt'ochrernent,1,i_t), you are obliged to procure it from the listed QRF if it meets Your specifications and is available when you need to have it. Q: Who's in charge of this program? A: The State Procurement Office (SPO) of the Oregon Department of Administrative Services (DAS) manages the Products of the Disabled program. SPO approves each QRF in Oregon, and manages the list of those goods and services determined suitable for procurement by state and local governments, school districts and other taxpayer-supported agencies. It is the duty of SPO to work cooperatively with the QRF and the agency. Q: Why doesn't a QRF have to compete with other businesses for Government Contracts? A: Taxpayer-supported state and local political subdivisions do business with QRFS on a non- competitive basis. This means a QRF is not required to bid for your purchases in competition with for- profit contractors. Some of the reasons for this special treatment of QRF business enterprises are: 1. QRFS are non-profit enterprises. They have a mission to provide employment services to disabled members of the community. 2. QRFs provide special employment support to people with disabilities that cost time and money. Workers with disabilities require accommodations such as special training and job modifications that go far beyond what a commercial business could be required to provide. 3. The investment in the disabled worker is high, but in terms of public benefit it is returned many times over when long-term employment can be provided. Stable employment is critical to the success of these programs. 4. QRF businesses are self-supporting. Their prices for goods and services have to recover all the costs necessary to train, equip and supervise their workers. They are required by law to pay the prevailing wage in their area for the type and quality of work being done. Plus, the QRF pays for liability and workers' compensation insurance, and all the other overheat] expenses any business has. The purpose of the state "Products of Disabled Individuals" law is to encourage and assist disabled people to work, and to achieve gainful employment. Employment enhances the ability to be as self- supporting as they can be. They will be less dependent on welfare and costly institutionalization. Q: How to get started? .A: Once you have established the need to procure a product or service go to the Pr_QCUtennent List., published on SPO's website, to see if the product or service is provided by a QRF. If there is a QRF on the Procurement List, contact the QRF to see if they can meet your specifications and delivery timelines. If they are able to meet your specifications and timelines you may begin negotiating a contract with them. When looking to procure a product, ask the QRF representative to provide you with samples so you can make sure the products are right for you. Talk with the QRF representative if you need some minor adjustment or changes to suit your particular use of the product. You will find that QRFs have a can-do attitude and are eager to meet your needs. When looking to procure a service you may find more than one QRF available. Contact as many of those QRFS as you wish. Inquire which QRF is interested in servicing your needs. Invite those interested QRFs to meet with you and tour your facility. Provide them with your specification draft. You may narrow down your candidates through references, training they provide their employees, and/or by an interview process with the QRF representatives. Price may be used to determine your choice but the final price is determined by DAS/SPO. If no source is located on the Procurement List for your specific needs, you may move forward with your agency's procurement process. Q: How to negotiate the deal? A: If you are purchasing a product, such as plastic bags or blankets, and you are an ORCPP member you may simply make your purchase from the DAS Price Agreement. Nothing could be simpler. If you are purchasing a product or service from a QRF and DAS does not have an established contract for that product or service you may work directly with the QRF to negotiate your own contract. DAS must determine the price of that contract before the contract is initiated. If the initial price exceeds your budget estimate, let the QRF know and give them a chance to work through the numbers with you a second time. There could be a misunderstanding about your requirements or a mistake somewhere in the figures. It could be that your specifications exceed your budget. make the deal. When the price submitted by the QRF meets the agency's budget the QRF and the Agency may submit that price to DAS on an approved form for final determination. Sometimes, after both sides have negotiated in good faith, the deal just won't work. Usually, it will be price or specification that will get in the way. As the public purchasing agent, you should know what the limits of the program budget or specification tolerance will be. The QRF can drop the project or perhaps try again later. There have been rases where the agency was able to split up the work into smaller pieces in order to have partial QRF participation. The point here is to act in good faith towards the QRF. Be open and fair in your dealings with them. QRFs are looking for long-term business partnerships, not advantages. Q: How to deal with quality assurance and performance problems? A: One of the biggest advantages of doing business with a QRF is that it is a relationship, not just a one-time competitive bidding arrangement. QRF businesses are there to provide permanent jobs for disabled Oregonians, not to make money by cutting corners. They have a different outlook on your business than the commercial sector. They are in for the long haul. You should expect quality services and products. As a purchasing agent, you have the capability to make your agency's QRF contract successful. It just takes communication and cooperation. Talk to your QRF counterpart. Make sure your program people are introduced to the QRF representative and that everyone involved in the contract administration process knows what's expected of them. For example, if you have a QRF doing custodial services, plan a joint walk-through on a weekly basis from the beginning of the contract. Spend time talking about performance expectations at the beginning of your relationship and you will each get to know and understand the other. As your contract relationship settles into a routine, you can cut down on the frequency with which you meet with the QRF contractor. But still plan on regular meetings with the QRF representative to talk about their performance and to make adjustments in the contract as needed. Together, write down any changes you and the QRF agree to make. Amend your contract to reflect the mutually agreed upon changes. This bit of routine "housekeeping" will keep your mutual understanding of what's to be done fresh and current. If a problem does surface, however, you must tell the QRF management immediately. Don't wait, hoping-things will get better. They can't fix the problem if they don't know about it. If you have taken the time to get to know each other at the start of the contract, any issue will be easier to solve. Again, document any needed changes or complaints and share them with the QRF. Remember the old adage is true; take care of the little things before they get to be big things! If, after making these efforts, you cannot resolve your problems, remember that you have authority to terminate the contract just as you would with any commercial business. If there seems to be no other way, talk candidly with the QRF about termination. It may be in the best interests of everyone involved. Q:What is the process for contract renewal with a QRF? A: Here are a few points to consider when preparing for the renewal process: • Plan your annual renewal process well in advance of the ending date of the contract period. For a large custodial contract, for example, three or four months is not too early to start working with the QRF on the renewal process. • Revise and update your specifications to show any changes made during the contract period. At renewal, the QRF will review its pricing structure, which is to your advantage. Often, they are able to work with the agency to cut prices or costs as they gain experience with you and understand the fine points of the work to be performed. • A quality service or product can potentially be provided to your agency for many years to come, resulting in long-term benefits for disabled Oregonians and taxpayers alike. • Remember that DAS must approve any price changes in the renewal process. Q: Who can you call for more information or help? A: QRF Coordinators Patty Beans Darvin Pierce Tel: (503) 373-0975 Tel: (503) 378-4690 E-mail: ptitty.beanst sh(e or.us E-mail: darvin.uie.rce(�Llstateor.us State Procurement Office 1225 Ferry St, SE Salem, OR 97031 . FAX: (503) 373-1626 279.835 Definitions for ORS 279.835 to 279.855. As used in ORS 279.835 to 279.855: (1) "Department" means the Oregon Department of Administrative Services. (2) "Direct labor' includes all work required for preparation, processing and packing; but not supervision, administration, inspection and shipping. (3) `Individual with a disability" means an individual who, because of the nature of disabilities, is not able to participate filly in competitive employment, and for whom specialized employment opportunities must be provided. (4) "Public agency"or"public contracting agency" means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts and any public body created by intergovernmental agreement. (5)"Qualified nonprofit agency for individuals with disabilities" means a nonprofit activity center or rehabilitation facility: (a) Organized under the laws of the United States or of this state and operated in the interest of individuals with disabilities, and the net income of which does not more in whole or in part to the benefit of any shareholder or other individual; (b) That complies with any applicable occupational health and safety standard required by the laws of the United States or of this state; and (c) That in the manufacture of products and in the provision of services, whether or not the products or services are procured under ORS 279.835 to 279.855, during the fiscal year employs individuals with disabilities for not less than 75 percent of the work hours of direct labor required for the manufacture or provision of the products or services. [1977 c.304 §3; 1983 c.690 §17; 1989 c.224 §42; 1991 e.93 §I; 1993 c.500 §34; 2001 c.104 §96; 2003 c.794 §2296; 2007 c.70 §62] 279.840 Purpose. The propose of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 is to further the policy of this state to encourage and assist individuals with disabilities to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and constant market for sheltered workshop and activity center products and services, thereby enhancing their dignity and capacity for self-support and minimizing their dependence on welfare and need for costly institutionalization. [1977 c.304 §2; 1989 x.224 §43; 2003 x794 §229c; 2007 c.70 §63] 279.845 Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules. (1) It is the duty of the Oregon Department of Administrative Services to: (a) Determine the price of all products manufactured and services offered for sale to the various public agencies by any qualified nonprofit agency for individuals with disabilities. The price shall recover for the workshops the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement; (b)To revise such prices from time to time in accordance with changing cost factors; and (c) To stake such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 2790.335. (2) The department shall establish and publish a list of sources m potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency, which the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and revisions thereof shall be distributed to all public purchasing officers. (3)The department may not delegate any duty imposed under this section to any person or public agency outside of the department. [1977 c.304 §4; 1989 c.224 §44; 2003 c.794 §229d; 2007 c.70 §64] 279.850 Procurement of product or service; agreements for procurement. (1) If any public agency intends to procure any product or service on the procurement list, that public agency shall, in accordance with rules of the Oregon Department of Administrative Services, procure such product-or service; at the price established by the department, from a qualified nonprofit agency for individuals with disabilities, provided the product or service is of the appropriate specifications and is available within the period required by that public agency. (2) In furthering the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335,it is the intent of the Legislative Assembly that there be close cooperation between the department, public contracting agencies and qualified nonprofit agencies for individuals with disabilities. The department on behalf of public contracting agencies and qualified nonprofit agencies for individuals with disabilities is authorized to enter into such contractual agreements, cooperative working relationships or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law requiring procurement of products or services. [1977 c304 §5; 1989 c.224 §45; 2003 c.794 §229e; 2007 c.70 §65] 279.855 Entities that may obtain goods and services through Oregon Department of Administrative Services. The following may purchase equipment, materials, supplies and services through the Oregon Department of Administrative Services in the same manner as state agencies as provided in ORS 279A.'140 to 279A.155 and 279A.250 to 279A.290: (1) Qualified nonprofit agencies for individuals with disabilities participating in the program set forth in ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. (2) Residential programs when under contract with the Department of Human Services to provide services to youth in the custody of the state. (3) Public benefit corporations, as defined in ORS 65.001, that provide public services either under contract with a state agency, as defined in ORS 171.133, or under contract with a unit of local government, as defined in ORS 190.003, that funds the contract, in whole or in part, with state funds. [1977 c.304 §7; 1989 c.224 §46; 1991 c.419 §l; 2001 c.900 §51; 2003 c.794 §229f; 2007 c.70 §66] CITY OF ASHLAND Council Communication Contract for Legal Service Meeting Date: June 28, 2011 Primary Staff Contact: David H. Lohman Department: Legal E-Mail: david.lohman @ashland.or.us Secondary Dept.: Finance ��\,,,Secondary Contact: Lee Tuneberg Approval: Lee Tuneberg Q , Estimated Time: Consent Question: Will the City Council approve an extension of an existing contract for legal services with Douglas McGeary, not to exceed $25,000? Staff Recommendation: Staff recommends Council approve extension of an existing contract for legal services with Douglas McGeary. Background: The City Attorney's office has had only a part-time contract attorney, Douglas M. McGeary, for most of the last five months. David Lohman began his tenure as City Attorney on June 6, 2011, and feels it is necessary to extend Mr. McGeary's contract. Mr. McGeary would be instrumental in providing the City Attorney assistance with the day-to-day operations in setting up the new legal department over the next few months. The public contracting code requires "Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $50,000 prior to entering into the contract." AMC 2.50.120.A.1. Although the City Attorney's Office does not expect the contract to exceed $25,000, it could potentially be close to $25,000, depending on the length of time it takes to assist the new City Attorney. The proposed contract would allow the City Attorney's office to employ Douglas McGeary on a part-time basis, not to exceed amount of$25,000. This contract is for part-time services, twenty hours of work per week or less, that will be performed mostly on-site in the City Attorney's office. Related City Policies: AMC 2.50.120.A.1 - Personal Services Class Exemption for Attorney Services Council Options: 1) Move to approve a contract with Douglas McGeary. 2) Withhold approval of the contract. Potential Motions: Council: Motion to withdraw item from consent agenda. Attachments: None. Page I of I IA, CITY OF ASHLAND Council Communication Approval of a Lease Amendment for the Civil Air Patrol Hangar Meeting Date: July 19, 2011 Primary Staff Contact: Mike Faught Department: Public Works E-Mail: faughtm @ashland.or.us Secondary Dept.: Administration Secondary Contact: Scott A. Fleury Approval: Martha Bennett �rQ��O Estimated Time: Consent Agenda Question: Will the Council approve a lease amendment to the existing Civil Air Patrol (CAP) lease, which would allow the hangar to be sold and would grant the City first right of refusal? Will the Council waive its first right of refusal to purchase the CAP hangar for the current offer of $40.000 thereby allowing the hangar to be purchased by a private party? Staff Recommendation: Staff recommends that Council approve a lease amendment to the existing CAP lease and waive the First Right of Refusal. Background: The Civil Air Patrol (CAP) has owned and been operating out of a hangar at the Ashland Municipal Airport since 1977. Their current lease expired in April of 2011. The lease contained a section that requires the CAP to remove the building from site at the end of the lease term if the lease is not renewed. The CAP has decided to not renew the lease due to lagging membership numbers in the Ashland senior squadron. The CAP would like to sell the hangar instead of removing it from the site. The Airport Commission agrees that the hangar is an asset to the Airport and should be left onsite. In order to facilitate transfer of ownership of the hangar the Legal Department has created a lease amendment that allows for first right of refusal by the City to either purchase the hangar at the current private party offer or decline and allow the CAP to sell the hangar directly to the third party. This lease amendment will allow for the hangar to stay onsite and the City to collect revenue via monthly rental agreement or long term land lease. The CAP has a current offer on the hangar for $40,000. At the July 5'h Airport Commission meeting staff discussed the existing offer on the hangar and whether to make a recommendation to Council to either pursue the first right of refusal to purchase the hangar or waive it. Staff and CAP estimate that an additional $20,000 will be required to bring the hangar up to a commercial rental standard. The Commission made the recommendation that Council should waive its first right of refusal to purchase the CAP hangar with regards to the current $40,000 offer from a private 3rd party. The Commission believes the hangar would be a better asset to the airport if it was owned and maintained by a private entity. The City in turn would collect a yearly ground lease on the property and would not be required to do any maintenance or upkeep on the hangar itself. Related City Policies: .The Council has authority to enter into lease agreements with individuals for the use of City property. The Council has the authority to waive the first right of refusal for purchasing property. Page I of 2 Council Options: • Council may approve the attached lease amendment • Council may revise the lease amendment • Council may reject the lease amendment and require the CAP to remove the hangar from site • Council may waive its first right of refusal • Council may accept the first right of refusal and purchase the CAP hangar Potential Motions: • Move to approve the attached lease amendment • Move to modify lease amendment • Move to reject the lease amendment • Move to waive the first right of refusal and allow the CAP to sell the hangar outright • Move to accept the first right of refusal and purchase the CAP hangar Attachments: • Lease Amendment • Current CAP lease Page 2 of 2 ADDENDUM TO HANGAR LEASE AGREEMENT BETWEEN CITY OF ASHLAND AND CIVIL AIR PATROL THIS HANGAR LEASE ADDENDUM ("Addendum") is entered into effective as of April 1, 2011 ("Effective Date") by and between tenant, Oregon Wing of the Civil Air Patrol, Inc, an auxiliary of the United States Air Force (hereinafter referred to as "CAP"), and landlord, the City of Ashland, Oregon (hereinafter referred to as "City"), by and through the Ashland City Council. RECITALS A. City and CAP (the "Parties") entered into an April 1, 2006 agreement(the "Lease") under which CAP leased a portion of the Ashland Municipal Airport for$1.00 per year for a term of five years. B. The leased premises ("Premises"), described in Exhibit"A" attached hereto, included both the subject real property and a hangar located on it and owned by CAP ("Hangar"). C. Paragraph 3.2 of the Lease required that CAP remove the Hangar at the termination of the Lease. Paragraph 15.2 required that CAP remove all improvements upon expiration or termination of the Lease. D. The term of the Lease expired April 1, 2011, and by mutual oral agreement, CAP continued, and still continues, to occupy the premises as a month-to-month tenant, still subject to all the provisions of the Lease except for Paragraph 2, which set forth the term of the Lease. E. The Parties now desire to modify and supplement the Lease to (1) document that CAP may continue as a month-to-month tenant; (2) provide to the City a right of first refusal to purchase the Hanger from CAP; and(3) clarify the Lease requirement to remove the Hangar at the termination or expiration of the Lease and waive this requirement in the event City exercises the right of first refusal as provided herein. NOW,THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by the parties, the parties hereby agree to amend their original April 1, 2006 Lease as follows: AGREEMENTS 1. The foregoing Recitals are incorporated by reference herein. Page 1 of 3 —ADDENDUM TO HANGAR LEASE 2. Paragraph 2 of the April 1, 2006 Lease is amended to include the following two additional provisions: "2.1 Upon CAP's continuation of possession of the Premises following expiration of the Lease, CAP shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of the Lease insofar as they are applicable to a month-to-month tenancy and at the same rental rate as provided in Paragraph 3.1 of the Lease." "2.2 CAP's month-to-month tenancy shall be terminable at any time by City or CAP upon written notice given to the other party not less than 30 days prior to the termination date, which shall be specified in the notice. CAP and City waive any notice that would otherwise be provided by law with respect to a month-to-month tenancy." 3. Paragraph 3.2 of the Lease is deleted in its entirety and replaced with the following provisions" "3.2 City shall have and CAP hereby grants to City a right of first refusal to purchase CAP's interest in the Hangar whenever CAP receives and desires to accept a bone fide offer ("Offer") from an unrelated third party to purchase CAP's interest in the Hangar ("CAP's Interest"). Prior to accepting any such Offer, CAP shall have the duty to present that Offer to City, and City shall have 30 days from the date CAP delivers notice and a copy of the Offer to City to notify CAP whether City elects to purchase CAP's Interest pursuant to the terms of the Offer. If City elects to purchase CAP's Interest, City shall provide written notice to CAP within the aforesaid 30 days ("Acceptance Notice"). Upon The City's delivery to CAP of an Acceptance Notice, City and CAP shall, within thirty (30) days after such delivery, cooperate to enter into a mutually acceptable purchase and sale agreement pertaining to CAP's Interest, which shall contain the terms of the Offer as well as customary provisions contained in similar agreements entered into between other Oregon airport owners and owners of hangers thereon." "3.3 If City does not exercise its right of first refusal within 30 days from the date CAP delivers notice and a copy of the Offer to City, then the City's right of first refusal lapses, and CAP may proceed to transfer CAP's Interest to a third-party upon the same terms and conditions set forth in the Offer; provided such transfer of Cap's Interest occurs within 60 days following the date CAP delivers notice and a copy of the Offer to City. City's failure to exercise or waive its right of first refusal in any instance shall not be deemed a waiver of City's right of first refusal for subsequent Offers. Page 2 of 3 —ADDENDUM TO HANGAR LEASE "3.4 In the event CAP's Interest is not transferred to a third party or to the City as provided herein, CAP shall remove the Hangar from the leased premises within 90 days after termination of the Lease, notwithstanding Paragraphs 3.2 and 15.2 of the Lease". 4. Except as expressly set forth in this Addendum to the Lease, the original April 1, 2006 Lease is otherwise is unmodified and remains in full force and effect. 5. This Addendum may be executed in multiple counterparts. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and deliver this Addendum effective as of the date set forth above. LESSEE: Civil Air Patrol, Oregon Wing CITY OF ASHLAND By: By: Its: Oregon Wing Commander Mayor By: By: Its: City Recorder Approved as to Form Approved as to Form Oregon Wing Legal Officer Attorney for the City of Ashland Page 3 of 3 —ADDENDUM TO HANGAR LEASE HANGAR LEASE AGREEMENT FOR THE ASHLAND MUNICIPAL AIRPORT Lease made this 1"day of April,2006, between City of Ashland ("City")and the Oregon Wing of the Civil Air Patrol, Inc., an auxiliary of the United States Air Force("Lessee"). RECITALS: A. City is the owner of the Ashland Municipal Airport(further referred to in this lease as"the Airport"). B. Lessee desires to lease a portion of the airport for the purposes described below. City and Lessee agree: 1 Description of leased premises. City shall lease to Lessee that portion of the airport described in the attached Exhibit"A". Unless from the context a different meaning is intended, the term"property" refers to unimproved real property, and the tens"premises"refers to the real property and any improvements located or constructed for use during the term of this lease: 2 Term. The term of this lease is five years, commencing at 12:01 AM on the 1°day of April 2006. 3 Rental to CiN. Lessee agrees to pay the City during the term of this agreement, the following sums and amounts: 3.1 The sum of$1.00 per year payable in advance. 3.2 In addition, it is understood and agreed that at the termination of this lease, or any subsequent lease, the hangar presently owned by the Lessee and on the property will be removed by Lessee. 4 Purpose. The Lessee shall use the premises solely for purposes related to or arising out of Civil Air Patrol's three missions: Emergency services, aerospace education, the cadet program, and any activity in support of federal, state and local agencies. 4.1 Use of hangar. CAP will monitor hangar use and meet CAP Wing Requirements. Any aircraft in the CAP hangar will be subject to the usual Ashland Airport tie down rate except for: a) aircraft used by CAP at Ashland Airport during an emergency action(i.e. search and rescue) b) CAP owned aircraft stationed at the Ashland airport. c) Radio. Lessee may maintain and operate such radio equipment as it deems necessary to function as a search and rescue and training facility, provided that all radio equipment is operated under the rules of the FCC, FAA,and the rules of the City of Ashland as they may now exist or hereinafter be adopted. d) Commercial activities prohibited. Lessee shall not engage in any commercial activities, but may perform maintenance on its own planes and equipment. e) Competition with FBO prohibited. Lessee shall not engage in any activities permitted by any fixed base operator by its lease with the City of Ashland, unless otherwise permitted by this lease. f) Fund-raising prohibited. Lessee shall not engage in fund-raising activities of any kind whatsoever on the property or at the airport without the written consent of the City first being given in advance. Violation of any of the provisions of this paragraph will result in the Lessee being subject to forfeiture of the lease. HANGAR LEASE AGREEMENT Page 1 of 9 C`LbovM,YE SMMpFCxrL.LINi_CQMiWC`y SpYgf.Tamp q 1MIIIM FVF'q/(CCAF LFy'p[9� g) Storage of fuel prohibited. Lessee shall not store aviation fuel or other flammables on the premises. 5 Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this agreement, at Lessee's sole expense,the following insurance: 5.1 Comprehensive insurance. Comprehensive general liability insurance protecting City and its officers, agents and employees against any and all liabilities from the negligence of CAP, its officers, employees, agents,contractors or volunteers, relating to the use of the leased premises, this insurance to be in the minimum amount of$500,000, combined single limit coverage. 5.2 Additional insureds. All policies shall include the City, its officers, commissions,elected officials,employees and agents as additional insureds. 5.3 Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this agreement,and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall,not later than 15 days prior to the termination or change in the insurance coverage,file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. In the event Lessee shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City Administration. 6 Indemnification. CAP agrees to indemnity, hold the City harmless,and,at City's election,defend the City from any claims,actions, liability,or costs, including attorney fees and other cost of defense, arising out of or in any way related to the activities performed under this agreement by CAP, its officers,employees, agents,contractors and volunteers, and arising from the sole negligence of CAP, its officers, employees, agents,contractors or volunteers. 7 Compliance with laws. The Lessee shall comply with all State and Federal rules, including but not limited to,the effluent standards or prohibitions established under Section 307(a)of the Clean Water Act for Toxic Pollutants. 7.1 Compliance with Minimum Standards Lessee shall comply with the"Oregon Department of Aviation Minimum Standards"dated April 17, 2002 adopted by the City Council on June 21, 2002(further referred to in this agreement as"the Minimum Standards")as they now exist or as they may be changed in the future. 7.2 Noise Impact. Due consideration for the noise impact on the community surrounding the airport will be given by the Lessee in the selection of aircraft and related activities, all in accord with the laws,rules and regulations and ordinances of the City of Ashland as they now exist or as they may be changed in the future. 7.3 Conflicting Standards. In the event the above standards conflict with the provisions of the City or other applicable local, state or Federal regulatory agency,the most restrictive standard shall be applied. 8 Lessee compliance with environmental laws. 8.1 Definition of"hazardous material". As used in this paragraph, the term"hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to those substances, materials,and wastes listed in the United States Department of HANGAR LEASE AGREEMENT Page 2 of 9 C� -SM�.111N_CWNM.ymeniMpNYy M FWfGIMLYAV I-ILC! Transportation Hazardous Materials Table(49 CFR§ 172,101)or by the United States Environmental Protection Agency as hazardous substances (40 CFR Part 302)and any amendments, ORS 466.567,466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality,petroleum products and their derivatives, and such other, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. 8.2 Lessee's compliance with laws and Permits. Lessee shall cause the leased property and all operations conducted on the leased property(including operations by any subtenants)to comply with all environmental laws. 8.3 Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the leased property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials,other than that reasonably necessary for the operation of Lessee's activities as contemplated under this agreement. 8.4 City's Rights. City shall have the right to conduct reasonable inspections and investigations of the leased property and the operations conducted on the leased property at any time and from time to time,and Lessee shall cooperate fully with City during such inspections and investigations. 8.5 Indemnification. Lessee agrees to defend(with counsel approved by City), fully indemnify, and hold entirely free and harmless City from and against all claims,judgements,damages, penalties,fines,costs, liabilities, or losses(including,without limitation, diminution in value of the leased property, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the leased property, damages arising from any adverse impact on marketing of space,sums paid in settlement of claims, attorneys'fee, consultant fees,and expert fees)which arise during or after the lease term and which are imposed on,or paid by or asserted against City by reason or on account of,or in connection with, or arising out of Lessee's generation, manufacture,use,transportation,refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 9 Federal Preeminence. All rights, privileges and liabilities imposed by this agreement are subject and subordinate to any conditions, restrictions, limitations, rules, regulations or future requirements for modification of this agreement, by any agreement or contract pertaining to the airport between the United States Government or any other department or agency of either the United States Government or the State of Oregon. 10 Minority Business Plan. The Lessee agrees to the terms and conditions of the City's adopted Minority Business Plan currently in effect with the FAA and to be amended from time to time as required by the FAA. 11 Termination. This agreement shall be terminated upon the following conditions: 11.1 Termination by Lessee. This agreement shall be subject to termination by Lessee in the event of any one or more of the following events: a) The abandonment of the airport as an airport or airfield by the City. b) The default by the City in the performance of any of the terms, covenants or conditions of this agreement,and for the failure to continue for a period of 30 days after receipt of notice from Lessee concerning the default, provided that if the remedy takes longer than 30 days,then the term of notice shall be so extended. HANGAR LEASE AGREEMENT Page 3 of 9 c� s+L murtwaais+ro.*. ..ice,.,r..aw.wr�..xm.pa c) Damage to or destruction of all or a material portions of the airport, and which are necessary for the operation of Lessee's business, and election by City not to replace such improvements within six months after destruction. d) The lawful assumption by the United States,or any authorized agent of the operation, control,or use of the airport, or any substantial part or parts, in such a manner as to substantially restrict Lessee from conducting business operations for a period in excess of 90 days. e) Any modification of the terms of this lease required as a result of paragraph 9. 11.2 Termination by City. This agreement shall be subject to termination by City in the event of any one or more of the following events: a) Failure to pay the basic or percentage fee or failure to pay any money due to the City as set forth in this agreement. b) The default by Lessee in the performance of any of the terms,covenants or conditions of this agreement, provided that City gives Lessee written notice of the default,with reasonable particularity, and Lessee fails to cure such default within 30 days. However, if the default is of such a nature that it cannot be cured within 30 days, Lessee shall be deemed to have remedied the default if Lessee commences action to remedy the default in 30 days and thereafter proceeds with reasonable.and in good faith to effect the remedy as soon as practicable. c) The filing of a voluntary petition in bankruptcy, including a reorganization plan,or filing in Charter 11 of the Bankruptcy Act, and general or other assignment for the benefit of creditors,or as adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Lessee. d) The failure to conduct the business or to perform any duty required in Section 4. e) If at any time during the term of this lease,the Lessee ceases to be active and to carry on the functions described in this lease at the airport, and specifically on the premises and to the full extent as is presently being done then the City shall have the right to immediately terminate this lease. 12 Affirmative Action Program. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR, Part 152, sub-part E,to insure that no person shall,on the grounds of race, creed, color, age, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR, Part 152,sub-part E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by the sub-part. The Lessee assures that it will require that its covered sub- organizations will provide assurances to the City that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations as required by 14 CFR, Part 152, sub-part E to the same effect. 13 Public Facilities. The Lessee shall also have a non-exclusive right to use, in common with others, all public airport facilities and improvements of a public nature which are now,or may in the future be connected with,appurtenant to, landing,taxiing, parking areas,and other public use facilities. 14 Airport Closure. The City may choose to do construction work or maintenance work on portions of the airport and accordingly the City may,when reasonable necessary,close the airport so that the Lessee will be required to temporarily suspend activities and will.not have ingress and egress to its operation. Except in cases of emergency, City shall give Lessee 30 days notice of such closure. HANGAR LEASE AGREEMENT Page 4 of 9 [�,vtl Swghml.L�C0.NMlpy ypp„i�,F I,yr,�FY(p1tL('.V Ltd 9Cly� 15 Improvements,alterations. maintenance: 15.1 Alternations or Improvements. Lessee may not make alteration or improvements without the prior written consent of City,which consent shall not be unreasonably withheld. Prior to any construction,construction plans must be approved by the City in writing as to the physical and aesthetic design, site location, color, landscape design, parking, and land use. All alterations or improvements that Lessee may desire to make to the premises shall be done by Lessee and at the expense of Lessee. The term"improvements"means any buildings,structures, or facilities placed or erected on the property. All such work shall be done in a good and workmanlike manner in compliance with all applicable building and zoning laws and ordinances. 15.2 Ownership of Improvements. Title to all improvements of a permanent nature shall be the property of the Lessee. Lessee shall remove all improvements upon expiration or termination of the lease. 15.3 Maintenance and Repair. Lessee shall be responsible for maintaining and repairing the premises and every part thereof, including but not limited to the foundations,exterior roofs,and structural aspects of the premises. Lessee shall be responsible for Lessee's use and its employees', agents',or invitees'use of the premises. Lessee shall,at the expiration of termination of this agreement, surrender the premises in as good order and condition as when received, reasonable wear and tear,damage from the elements,fire, acts of God or other casualty excepted. Lessee shall be responsible and shall pay for all damage or injury done to the premises by Lessee or any person who may be in or the premises with the consent of Lessee. 15.4 Upkeep. Lessee shall keep the leased premises and buildings under its control clean and in a neat condition. The premises shall be kept in good repair,free of waste material and debris. Landscaping shall be maintained and properly watered in a reasonable fashion. City reserves the right to conduct periodic on-site inspections to insure compliance with this paragraph. 16 Damage or destruction: 16.1 Proceeds and Repairs. If the improvements are damaged or destroyed by fire or other casualty, Lessee shall be required to repair and reconstruct the property and improvements or remove remaining improvements and debris and restore the site to its original condition. If Lessee elects the latter, this lease shall terminate 30 days after Lessee makes such election. Repairs,reconstruction, removal or restoration shall be accomplished by Lessee with all reasonable dispatch subject to interruptions and delays from labor disputes and matters beyond the control of Lessee. Nothing contained in this provision is intended to excuse Lessee's duty to repair pursuant to paragraph 15.3. 17 Utilities. Lessee shall make provision for and pay service and connection charges on all utilities including sewer. 18 Assignment. Lessee shall not assign, partially assign,or sublet the premises and, in the event any such assignment, partial assignment, or sublease is made,this lease may be immediately terminated by the City. 19 Default. The following shall be events of default: 19.1 Rent Delinguencv. Delinquency in the payment of rent in excess of ten days beyond the rental due date unless specifically extended in writing by City. HANGAR LEASE AGREEMENT Page 5 of 9 C?IbemvNW$Fltlphvrl,LINN CCINIfWUY.9�T� IM~F1r'{lltf.Y.W�)ppp."p 19.2 Noncompliance. Failure of Lessee to substantially comply with any term or condition or fulfill any obligation of this agreement(other than the payment of rent or other changes within ten days)after written notice by City specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within the thirty day period, this provision shall be complied with if Lessee begins correction of the default within the thirty day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 19.3 Liens. Failure to remove any lien or encumbrance placed upon the premises, except that Lessee may in good faith object, on behalf of the City or itself, to the validity or amount of any lien and may contest the validity or amount of the lien, provided City's interest in the premises is not jeopardized. 19.4 Other events of default: The occurrence of any of the following events: a) The making by Lessee of any general arrangement or assignment for the benefit of creditors; b) Lessee's becoming a"debtor'as defined in 11 USC§ 101 or any successor statute thereto(unless, in the case of a petition filed against Lessee, the same is dismissed within sixty days); c) The appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the premises or of Lessee's interest in this agreement,where possession is not restored to Lessee within thirty days;or d) The attachment, execution of other judicial seizure of substantially all of Lessee's assets located at the premises or of Lessee's interest in this agreement,where such seizure is not discharged within thirty days;provided,however, in the event that any provision of this subparagraph is contrary to any applicable law,such provision shall be of no force or effect,and not affect the validity of the remaining provisions. LESSEE: Civil Air Patrol, Oregon Wing CITY OF ASHLAND BY By: �.►. Its:Oregon Wing Commander ayo By: By: Its: City Recorder Approved as to Form Approved as to Form r7 Oregon Wing Legal Officer orney for Cty of As and HANGAR LEASE AGREEMENT Page 6 of 9 C�Wl LI LgN1VLL )I$MIYp�TMryprYyMxrM fiWNCS'lJ4r wW CITY OF ASHLAND Council Communication Approval of a Public Contract for Fire Hose & Related Equipment Meeting Date: July 19, 2011 Primary Staff Contact: John Kams Department: Fire E-Mail: karnsj @ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Approval: Martha Bennett Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, approve the award of a public contract to L.N. Curtis & Sons for Fire Hose & Related Equipment? Staff Recommendation: Staff recommends the public contract be awarded to L.N. Curtis & Sons, the lowest responsible and responsive bidder, for Fire Hose & Related Equipment. Background: This purchase will replace the fire department's inventory of structural firefighting hose, some of which is well past its service life. The purchase will also allow consistency with other regional fire departments in terms of fire hose connections. The majority of this purchase will be funded by a grant from FEMA's Assistance to Firefighter's Grant program. The City is responsible for a 10% match per the grant guidelines. The sourcing method for this public contract award is a Competitive Sealed Bid (Invitation to Bid), and the detailed bid tab is attached for your review. The City received five (5) bids in response to the ITB and the lowest responsible and responsive bid was submitted by L.N. Curtis & Sons. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: Section 2.50.080 Formal Processes- Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline)the public contract award. Page ] of 2 CITY OF ASHLAND Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the public contract award. Attachments: ITB 2011-102, Fire Hose & Related Equipment - Bid Tab Page 2 of 2 Invitation to Bid 42011-102 FIRE HOSE & RELATED EQUIPMENT Bid opening 2:OOpm,Tuesday,June 7,2011 Recipient Bid Amount Cascade Fire Equipment Option#1 - $41,300.00 (Hose only) Option#2 - $38,114.00 (Hose only) Sea Western Inc. Option#I - $69,481.48 Option#2 - $64,686.01 L.N. Curtis & Sons Option#1 - $64,989.25 Option#2— $61,911.25 MES Incomplete— Bid is missing pages of specs (Page 4-8 and 14-16 not submitted w/bid) Santiam Emergency Equipment INC. Option#1 - $59,823.71 —Minus mounting bracket for suction hose Option#2 - $56,509.11 —Minus mounting bracket for suction hose Exception: Polyester, not nylon fire hose Invitation to Bid#2011-102, Fire Hose& Related Equipment, BID TAB—June 7,2011 CITY OF -ASHLAND Council Communication Alternative Contracting Approach for Fuel Purchases Meeting Date: July 19, 2011 Primary Staff Contact: Lee Tuneberg Department: Finance, Parks E-Mail: tuneberl(a)ashland.or.us Secondary Dept.: Purchasing �a }Secondary Contact: Mike Morrison, Kari Olson Approval: Martha Bennett 4ry� Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, approve the request for approval of a "Class Special Procurement' to use an alternative contracting approach (solicitation process) for fuel purchases? Staff Recommendation: Staff recommends the request for approval be approved per the attached and completed Special Procurement, Request for Approval form. Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The attached and completed Special Procurement, Approval Request Form, is attached for your consideration and review. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: G. Special Procurements — a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the "Class Special Procurement'. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline)the "Class Special Procurement'. Attachments: Form #9, Special Procurement— Request for Approval Form Page I of 1 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Lee Tuneberg, Finance Director Kari Olson, Purchasing Representative Date: July 19, 2011 Subject: REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: FinancoTurchasing 2. Department Contact Name: •Lee Tuneberg 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1,2011 To June 30,2016 5. Total Estimated Cost: Exceeds$200,000 per fiscal year 6. Short title of the Procurement: I Fuel Purchases(Unleaded&B5-BioDiesel) Supplies and/or Services or class of Supplies and/or Services to be acquired: Fuel purchases-Unleaded&B5-BioDiesel- for City/Parks use Specifically truck&trailer deliveries of fuel to be unloaded in fuel tanks located at the City of Ashland- Service Center-90 N.Mountain Avenue,Ashland-Or 97520 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may, but is not required to,also include the following types of documents: Notice/Advertising,Solicitation(s), Bid/Proposal Forms(s),Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form#9-Special Procurement-Request for Approval,Page 1 of 4,7/6/2011 Background: Written quotes have been requested consistently from the two(2)known suppliers willing to deliver large quantities of the specified fuel by truck and trailer to the City of Ashland. The prospective suppliers are Hays Oil Company/Medford and Jerry Brown Company/Eugene. Proposed procedure: The fuel costs for FY 2010-2011 amounted to$265,317.25,which requires a Competitive Sealed Bid (ITB)solicitation process. This Special Procurement is requesting/proposing a written solicitation to obtain written price quotes for each individual fuel purchase(same as the solicitation process for an Intermediate Procurement). Encouraging and allowing competition is in the City's best interest. Obtaining written price quotes for each fuel purchase allows the City to consistently award public contracts for fuel to the lowest bidder-more flexibility when purchasing fuel,preferably when prices are decreasing, and the ability to compare prices to reasonably ensure the City is receivingipaying the most current and accurate price for fuel (today's lower fuel price, not yesterday's higher price). 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement.'Attach relevant documentation. State of Oregon Price Agreements for fuel are available for use, but they require the agency(buyer) to pay an additional amount for delivering the fuel to the supplier- $0.0481 to $0.05 per gallon for truck and trailer delivery or$0.13 per gallon for bobtail truck delivery. It is common practice for agencies to request quotes directly from suppliers for individual fuel purchases due to the additional charge for delivery, fluctuating prices for fuel and delivery timeline. It would be difficult for the City to monitor fuel pricing under a long term contract with a single supplier. This is due to the prices fluctuating on a daily basis (or more than once per day) and having to check the Eugene OPIS (Oil Price Index Service) at a specific time of the day (same time supplier calculates fuel prices) for the current prices(today's prices) and then having to calculate the actual cost of the fuel by adding the markup amount and applicable taxes. Requesting the supphers calculate an appropriate markup for an entire fiscal Year can be difficult too due to the fluctuating fuel prices and actual cost of delivering the fuel, which could result in the City paying more for fuel — not less, because the supplier would have to adjust the markup to cover the cost of delivering the fuel. Encouraging and allowing competition is in the City's best interest.Obtaining written price quotes for each fuel purchase allows the City to consistently award public contracts for fuel to the lowest bidder, more flexibility when purchasing fuel preferably when prices are decreasing, and the ability to compare prices to reasonably ensure the City is receiving/paying the most current and accurate price for fuel (today's lower fuel price,not yesterday's higher price). 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_(a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Each of the two known suppliers willing to provide truck and trailer deliveries of the specified fuel to the City will be given equal opportunity to provide the City with a price quote for each fuel purchase. The proposed process will not diminish competition because if/when we become aware of additional suppliers willing to provide/deliver price quotes for the specified fuel,they will also be given an equal opportunity to provide price quotes in response to a written solicitation (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement);and Form#9-Special Procurement—Request for Approval,Page 2 of 4,7/6/2011 X_(b)(i)will result in substantial cost savings to the contracting agency or to the public because: The City will have the flexibility to purchase fuel preferably when the prices are decreasing compare the prices submitted by each of the suppliers,and to award the public contract to the lowest bidder. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X_(b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055,279B.060,279B.065, or 279B.070,or any rules adopted thereunder because: Encourasina and allowing competition is in the City's best interest. Obtaining quotes for each fuel purchase will allow the City more flexibility when purchasing fuel,preferably when prices are decreasing, and the ability to compare prices to reasonably ensure the City is receiving12aving the most current and accurate price for fuel (today's lower fuel price,not yesterday's higher price). (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement) Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven (7)day protest period. Date Public Notice first appeared on www.ashland.or.us-[.Iulp 20, 2011-if approved by Counc ill Form#9-Special Procurement—Request for Approval,Page 3 of 4,7/6/2011 PUBLIC NOTICE Approval of a Special Procurement First date of publication: j.hdw 20, 2011---if Iopprmved h,h Council] A request for approval of a Special Procurement was presented to and approved by the City Council,acting as the Local Contract Review Board,on(July /9. '011- approved h'.Councill. This crlass special pracurcment is a reque l to custom design o contructins,al proach jrhich??cans un altc^rnirtire solicitation prtrce.se other than cr C.'ourlretitii a �'ei�ie<f/fid ilm>iuvion to Bich. which would result in a Inn;, tern?contract with a 4tn(,' 'supplier. 77re alterrttttice srr7icitation process that ii Its approved is the same competirive process used for an brtermMirmr Procurement, which requires a written Solicitation io obtain o MiMmum of three (3, irritien price. quotes. Erurora aging and aliowin;competition it nr the Cup's hest interest. Obtaining urine? price quote Y j o l,COCA,itel purchase will allrnc the (:its to coa si stetulc award public contracts,fw ircl to the /guest hidder, allow snore jli avibilit} trhen purchosing;fi.ret pri�f�rnbl�-,Then prices are do<ereasing: and the ahilin•to enrnpcne prices to recrsonuhl} err.cvre the. Cirn ie'recc:iviugj�nping the most current and accurate price:Jivai:el(loclm-s lowerftelprice. note ctt:rday'�sh /rertrrfcc%_ It has been detemrined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 27913.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,[Purchasing, 0J)ice, Kart Oboe. 90 X. Afounwin,4renue,Ashland,, OR 97 i20/. The seven(7)protest period will expire at 5:00pm on/.Inds 2.7. 2011 -it'approved hi�Council''19 ono'public notice posted on ?/?rl/ This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement-Request for Approval,Page 4 6f4,7/6/2011 CITY OF ASHLAND Council Communication Extension of an Intergovernmental Agreement for Building Inspection Services Meeting Date: July 19, 2011 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: bill@ashland.or.us Secondary Dept.: Legal �a Secondary Contact: Michael Grubbs Approval: Martha Bennett ���''rEstimated Time: Consent Question: Will the Council authorize signature of an Intergovernmental Agreement with Jackson County to provide building inspection services? Staff Recommendation: Authorize the signature of a contract (IGA) entitled `Intergovernmental Agreement for Building Inspection Services" with the County of Jackson, Board of Commissioners and the City of Ashland. Background: Since the mid 1990's, the City of Ashland and Jackson County have made certified inspectors available on dates requested by the other party to perform building inspections. This activity was previously agreed upon under Intergovernmental Agreement signed in June 2010. Accordingly, the extension of this IGA will continue the ability of both Ashland and Jackson County to mutually utilize services when necessary. Related City Policies: None Council Options: Approve the Intergovernmental Agreement between Jackson County and the City of Ashland to perform building inspection services within each respective jurisdiction. .Approve the Intergovernmental Agreement between Jackson County and the City of Ashland, along with any suggested modifications, to perform building inspection services within each respective jurisdiction. Potential Motions: Move approval of entering into a 2-year Intergovernmental Agreement with the County of Jackson to mutually perform building inspection services as needed. Attachments: Intergovernmental Agreement Page I of 1 INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES This agreement, hereinafter referred to as "Agreement", is made and entered into by and between the County of Jackson, Board of Commissioners,herein after referred to "County", and City of Ashland("City"). STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION', the County is authorized to jointly provide for the performance of a function or activity in cooperation with a"unit of local government" that includes a commission or other governmental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITAL 1. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and i 2. The County and the City require the services of qualified building inspectors for the performance of routine building code inspections; and 3. The County and the City employ inspectors with the particular training,ability,knowledge, and experience to meet the needs of the County and the City. NOW, THEREFORE in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT 1. The recitals set forth above arc true and correct and are incorporated herein by this reference. Intergovernmental Agreement-Jackson County 1 2. COOPERATION AND SERVICES TO BE SHARED a. County Responsibilities: 1) The County shall make available to the City Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the City. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Building Official and Jackson County Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The County Inspectors providing services to the City pursuant to this Agreement shall have all jurisdiction, authority, powers, functions,and duties of the City Inspectors with respect to any and all violations of State Law and City Ordinances. b. City Responsibilities: 1) The City shall make available to the County Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the County. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between Jackson County Building Official and Ashland Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The City Inspectors providing services to the County pursuant to this Agreement shall have all jurisdiction, authority,powers, functions, and duties of the County Inspectors with respect to any and all violations of State Law and County Ordinances. 3. APPORTIONMENT FOR FUNDING a. The County shall promptly reimburse the City for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of$70.00 per hour, not to exceed $10,000 for the contract term. b. The City shall promptly reimburse the County for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of$70.00 per hour,not to exceed $10,000 for the contract term. 4. PERSONNEL. No employees will be formally transferred pursuant to this Agreement. The County and City will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. The City and the County are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. The Agreement does not change the status of any employee, contractor or officer of the City or County. Intergovernmental Agreement-Jackson County 2 I 5. LIMITATIONS OF LIABILITY All parties agree that each party shall not be subject to claim, action,or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of services by the other party under this agreement. Each party shall not be liable or responsible for any direct, indirect special or consequential damages sustained by the other party to this agreement, including,but not limited to, delay, or interruption of business activities that may result in any manner whatsoever from any act or omission, interruption, or cessation of services. 6. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article Xl, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely responsible for its own actions and/or failure to act and shall indemnify and hold the-other party harmless from any liability, cost or damage arising therefrom. Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees or agents. The provisions of this paragraph shall survive the expiration or sooner termination of this agreement. 7. TERM OF AGREEMENT The term of this Agreement shall become effective upon the date which this Agreement is.fully executed by all Parties and shall continue in full force until June 30, 2013 or until earlier terminated as provided herein. 8. TERMINATION a. Mutual Consent. This contract maybe terminated at anytime by mutual consent of both parties. b. Parties' Convenience. This contract maybe terminated at anytime by either Party upon 30 days'notice in writing and delivered by certified mail or in person. C. For Cause. Either party may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to the City or County, or at such later date as may be established by the County, under any of the following conditions: 1) if any license or certificate required by law or regulation to be held by the City or the County to provide the services required by this contract is for any reason denied,revoked, suspended, or not renewed. d. For Default or Breach. 1) Either County or City may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall Intergovernmental Agreement-Jackson County 3 give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require,then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 2) Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term shall be waived or deleted except in writing signed in advance by the parties. 3) In the event of a dispute relating to this Agreement, the parties shall first attempt to resolve the dispute through mediation. The parties will share the administrative costs of the mediation and the mediator's fees equally. Mediation fees shall be limited to those customarily charged in Jackson County, Oregon by state court appointed mediators. The parties will attempt to jointly select a mediator within ten (10) days-ofa-party giving notice to the other party of its desire to undertake mediation. In the event the parties cannot agree to a mediator within such ten (10) day period,then within five(5)days thereafter,each shall select a mediator,and the two selected mediators will designate a third mediator who will then mediate the dispute. The first two mediators may charge the choosing party for its services to select the third mediator. In the event mediation fails to resolve the dispute, a party may commence legal proceedings, and in such case each party shall be responsible for its own costs and attorneys' fees incurred in connection which such proceedings. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS,AND MAKING PAYMENTS. All notices,bills,and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Jackson County City of Ashland Attn: Ted Zuk Attn: Carolyn Schwendener 10 South Oakdale, Room 100 51 Winbum Way Medford, OR 97501 Ashland, OR 97520 Phone: (541) 774-6921 Phone: (541)488-5309 . I Intergovernmental Agreement-Jackson County 4 10. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all parties hereto have executed this Agreement. b. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. C. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS,NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the parties hereby enter into this agreement. Each party,by signature below of its authorized representative,hereby acknowledges that it has read this Agreement,understands it,and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants having authority to execute this Agreement. JACKSON COUNTY, OREGON — CITY OF ASHLAND, OREGON Danny Jordan Date John Stromberg Date Administrator Mayor Approved as to Legal Sufficiency: County Counsel Intergovernmental Agreement-Jackson County 5 STATEMENT OF WORK EXHIBIT A Through this Agreement the City of Ashland agrees to perform site built electrical,plumbing, and structural/mechanical and manufactured home set up inspections on behalf of Jackson County and Jackson County agrees to perform site built electrical, plumbing and structural/mechanical and manufactured home set up inspections on behalf of the City of Ashland. A. The City of Ashland shall: When performing site built inspections for the County: I. Comply with all requirements and regulations of the ORS's and OAR'S pertaining to the electrical, plumbing, and structural/mechanical programs and-manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the County within two (2) business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the County). Return Inspection Report Form with correction notes to the County at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS's and OAR's. 7. Provide to the County a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection,type of inspection and inspection time spent. When requesting site built inspections to be done by the County: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location,type of inspection needed, and permit number and information. Intergovernmental Agreement-Jackson County 6 I B. The County shall: When performing site built inspections for the City: I. Comply with all requirements and regulations of the ORS's and OAR'S pertaining to the electrical,plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical,plumbing, structural/mechanical and manufactured home inspections as requested by the City within two (2) business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the City). Return Inspection Report Form with correction notes to the City at end of inspection day— 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS's and OAR'S. 7. Provide to the City a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the City: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and permit number and information. i Intergovernmental Agreement-Jackson County 7 CITY OF ASHLAND Council Communication Public Hearing to Increase Miscellaneous Fees & Charges Meeting Date: July 19, 2011 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl @ashland.or.us Secondary Dept.: All Departments Secondary Contact: None Approval: Martha Bennett P�Ve'Tstimated Time: 15 minutes Question: Will the Council approve a resolution titled, "A Resolution Adopting a Miscellaneous Fees and Charges Document and Repealing Prior Fee Resolutions 2001-05, 2007-34, and 2008-29 and the Hourly Service Charge Section of Resolution 1999-29"? Staff Recommendation: Staff recommends Council adopt the attached resolution establishing or adjusting miscellaneous fees and charges repealing Resolutions 2001-05, 2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 1999-29. Staff requests that any new fee will not be implemented for 30 days following approval of the resolution. Background: The City of Ashland has had 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 and are administered by separate resolutions however there are a host of small or general services provided that routinely had a "service" fee associated with them. Their many sources and timing differences for review and renewal have caused confusion over the last few years. A staff goal has been to create an annual process that deals with most, if not all, miscellaneous fees and charges, and a booklet that is comprehensive yet easy to use. During FY 2010-2011 staff from all departments worked together on the booklet and it is ready for Council's review. The booklet will make it easier for all users and for those who must administer the various programs. Attached are the draft booklet and a resolution to establish or update the included fees effective September 1, 2011. As you review the booklet you will see that new fees and chan eg s to old ones are identified in a proposed column and are bolded. If an entry is not bolded or identified as a new or changed fee it is the existing amount or methodology for calculating a fee. Please note that: 1. This is intended to become an annual process. 2. Items not approved may come back to Council separately or in this process next year. 3. Not all fees and charges are changing. 4. Not all previous fee resolutions are being repealed 5. City and Park fees are included. Page 1 of 3 CITY OF -ASH LAN D 6. Utility rates and system development charges are examples of charges that are not incorporated within this process and resolution Many of the fees have not been changed since 2009 or before, thus there are some increases that may seem significant for one year but are small dollar impacts when considering several years of no increases. Another important point is that many of the larger increases relate to "cost of providing the service" and if the citizen requesting the service does not pick it up, others will have to bear the cost. Older resolutions that would no longer be applicable with the approval of this resolution are repealed. We should expect that there may be some "errors and omissions" so staff is requesting through the resolution that it take priority over any disconnects or conflicts that may occur. When such incidents occur, staff will correct them as soon as possible and incorporate the revisions in updates to this new, annual process. To assist you in your review, the following proposed changes are highlighted: Administrative Services: A notification for delinquency (door hanger) fee of$10 is proposed. (New) Reconnection fees are adjusted to better cover cost. City Recorder: No fee changes are proposed but the potential cost for research is referenced. Community Development: Initial public hearing appeal fee of$150 is proposed. (New) Annual Consumer Price Index (CPI) increases set forth in resolution 2000-24 have been included Electric: Charges are increased to cover expenses for work requested by the customer. Three phase service installation moved to Actual Cost Proposed is a charge for repeated meter accuracy test requests if tested equipment proves accurate. (New) Fire: FireMed annual household fee increased $3. Police: Impound/Tow Fee reduced from $150 to $105 to correct for a transposition error. Public Works: Charges are increased to cover expenses for work requested by the customer. Special Vehicle Permit—Initial Fee increased $33. Street or Alley Vacation fee increased $135. Annual Consumer Price Index (CPI) increases set forth in resolution 2000-24 have been included Pagc 2 of 3 CITY OF ASHLAND Miscellaneous: References are provided for current Systems Development and Utility charges, fees and rates. Research information is provided. Municipal courts fees& charges and instructions are provided. Department representatives are available to answer specific questions on charges and changes within their area of expertise. 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 and document as presented. Revise, add to or remove elements of the resolution before approving the resolution. Leave rates at current levels and consider changes at a later time. Potential Motions: The Council moves to approve the resolution establishing or adjusting miscellaneous fees and charges repealing Resolutions 2001-05, 2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 1999-29. Attachments: Resolution Rate & Fee Booklet Resolutions to be repealed Page 3 of 3 Ir, RESOLUTION NO. 2011- A RESOLUTION ADOPTING A MISCELLANEOUS FEES AND CHARGES DOCUMENT AND REPEALING PRIOR FEE RESOLUTIONS 2001-059 2007-349 2008-29 AND THE HOURLY SERVICE CHARGE SECTION OF RESOLUTION 1999-29 Recitals: A. The City currently has many ordinances that establish fees for different departments and activities. B. The City desires to provide all of its miscellaneous fees and charges in one document so that citizens can easily determine the costs of city services. C. The City desires to repeal all prior resolutions that establish fees and charges and adopt all fees and charges with one resolution for convenience of its citizenry. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Miscellaneous Fees and Charges Document, which is attached hereto and incorporated herein by this reference, is hereby approved and establishes the fees and charges for City services. New fees, those not charged before, are not affective until 30 days following date of approval. SECTION 2. The following resolutions are specifically repealed: Resolutions 2001-05, 2007-34, 2008-29 and the Hourly Service Charges section of Resolution 1999-29. All other fees and charges inconsistent with the fees and charges set forth herein are repealed. SECTION 3. This resolution was duly PASSED and ADOPTED this day of 2011, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of July, 2011. John Stromberg, Mayor Reviewed as to form: Doug McGeary, Acting Assistant City Attorney CITY OF ASHLAND mar MISCELLANEOUS FEES AND CHARGES DOCUMENT ADOPTED: EFFECTIVE: MEN ASHLAND PARKS & RECREATION PARKS AND RECREATION MISCELLANEOUS FEES AND CHARGES ADOPTED: EFFECTIVE: Miscellaneous Fees and Charges page 2 Table of Contents CITY OF -ASHLAND MISCELLANEOUS FEES AND CHARGES ALPHABETICALLY BY DEPARTMENT SECTION 1 - Administrative Services/Finance AdministrativeBilling Charge..............................................................................................................................Page 8 Initial Business License Application Fee..............................................................................................................Page 8 Temporary Business License Application Fee .....................................................................................................Page 8 RenewalApplication Fee..........................:...........................................................................................................Page 8 RentalProperty Fees.............................................................................................................................................Page 8 LateApplication Fee.......................................:....................................................................................................Page 8 Late Renewal Fee(paid 30 days after the due date).............................................................................................Page 8 Utility Billing Administrative Fees ......................................................................................................................Page 9 ReconnectionCharge............................................................................................................................................Page 9 ServiceConnection...............................................................................................................................................Page 9 ParkingStructure Fees_................................_....._.........................................................._........__......__.............Page 9 SECTION 2 - City Recorder Copy Fees Black and White and Color...............................................................................................................Page 10 AudioTapes........................................................................................................................................................Page 10 LiquorLicenses..................................................................................................................................................Page 10 TaxicabLicenses................................................................................................................................................Page 10 LienSearches......................................................................................................................................................Page 10 Elections.............................................................................................................................................................Page 10 StreetJAlleyVacat ions........................................................................................................................................Page 10 Ambulance..........................................................................................................................................................Page 10 Annexation .........................................................................................................................................................Page 10 ResearchFee........ ............................................__.............................................................................................Page 10 SECTION 3 - Community Development Pre-Application Conference...............................................................................................................................Page 11 AdministrationActions.......................................................................................................................................Page 11 TypeI, 11 and 111 Reviews...................................................................................................................................Page 11 LegislativeAmendments....................................................................................................................................Page 12 Appeals...............................................................................................................................................................Page 12 SolarAccess.......................................................................................................................................................Page 12 CommunityDevelopment Fee............................................................................................................................Page 12 CopyFees...........................................................................................................................................................Page 12 PreparedDocument Fees....................................................................................................................................Page 12 ResearchFee..........................................,...........................................................................................................Page 12 Building Permit Fees for Commercial and Residential ......................................................................................Page 13 Plan Review Fee for Commercial and Residential.............................................................................................Page 13 Miscellaneous Fees for Commercial...................................................................................................................Page 13 Inspection Fees for Commercial and Residential ...............................................................................................Page 14 Residential Plumbing Permit Fees......................................................................................................................Page 14 Commercial Plumbing Permit Fees....................................................................................................................Page 15 Residential Mechanical Permit Fees....................................................................................................................Page 15 Commercial Mechanical Permit Fees.................................................................................................................Page 16 ElectricalPermit Fees.........................................................................................................................................Page 16 Residential Restricted Energy Electrical Permit Fees.........................................................................................Page 17 RenewableEnergy Systems................................................................................................................................Page 17 miscellaneous fees 8 charges page 3 Table of Contents SECTION 4 - Electric TemporaryService Drop....................................................................................................................................Page 18 MeterCharges ........................................................................................................................................:...........Page 18 ReturnedCheck Charge......................................................................................................................................Page 18 ReconnectionCharge..........................................................................................................................................Page 18 ServiceCalls...........-..........................................................................................................................................Page 18 ServiceConnect ion.............................................................................................................................................Page 18 ScheduledWork After Hours.............................................................................................................................Page 18 Unauthorized Connection...................................................................................................................................Page 18 Line Extension Charges....:.................................................................................................................................Page 18 Total Residential Subdivision fees per lot(less engineering fees).....................................................................Page 18 SECTION 5 - Fire FireIncident Reports..........................................................................................................................................Page 20 CopyFees...........................................................................................................................................................Page 20 ResearchFee.......................................................................................................................................................Page 20 FireFees.............................................................................................................................................................Page 20 Emergency Medical Services .............................................................................................................................Page 20 PlanChecks........................................................................................................................................................Page 21 Ot her...................................................................................................................................................................Page 21 FirstAid/CPR Classes........................................................................................................................................Page 21 InspectionSchedul e............................................................................................................................................Page 21 WeedAbatement................................................................................................................................................Page 21 SECTION 6 - Information Technology InstallationFees..................................................................................................................................................Page 22 DisconnectFees.........................................................................i.........................................................................Page 22 TruckRoll Internet..........................................................................................................:..................................Page 22 Field Technician Hourly Rate.............................................................................................................................Page 22 Consulting and Technical Support Hourly Rate.................................................................................................Page 22 Non-City Employee Staffing Screening.............................................................................................................Page 22 Fiber Service Installat ion....................................................................................................................................Page 22 TransitFees ........................................................................................................................................................Page 22 FiberFees...........................................................................................................................................................Page 22 Qualityof Service Fee........................................................................................................................................Page 23 Business Augmented Upload Package...............................................................................................................Page 23 Blue Flex Coaxial Conduit for Direct Bury Installat ion.....................................................................................Page 23 Non-Return of Customer Premise Equipment("CPE")Devices........................................................................Page 23 page 4 miscellaneous fees B charges Table of Contents SECTION 7 - Municipal Court AppealTranscript Fee ........................................................................................................................................Page 24 City Attorney Deferred Sentence/Diversion................................................................................._....................Page 24 CivilCompromise Costs.....................................................................................................................................Page 24 Court Appointed Counsel Fees and Charges.............................................................................._____..............Page 24 DefaultJudgment................................................................................................................................................Page 24 DiscoverFees.........................................:...........................................................................................................Page 24 Diversionby Municipal Court............................................................................................................................Page 24 Domestic Partnership Registration.....................................................................................................................Page 24 Extend/Amend City Attorney Deferred Sentence/Diversion..............................................................................Page 24 Failure to Appear for Jury Trial..........................................................................................................................Page 24 Forfeitureof Security..........................................................................................................................................Page 24 Mediation of violation(Municipal Court Mediation) ........................................................................................Page 24 NonSufficient Funds Check...............................................................................................................................Page 24 Warrant...............................................................................................................................................................Page 24 Withholding on County Assessment...................................................................................................................Page 24 CourtCosts ........................................................................................................................................................Page 24 Expunct ion..........................................................................................................................................................Page 24 Show Cause Admission of Allegation-%.............................................................................................................Page 24 BenchProbation Fee...........................................................................................................................................Page 24 SECTION 8 - Police PoliceReports...........................................................................:........................................................................ Page 25 ResearchFee.......................................................................................................................................................Page 25 VisaLetters.........................................................................................................................................................Page 25 FingerPrint Cards...............................................................................................................................................Page 25 Photographs(CD)...............................................................................................................................................Page 25 AudioTapes/ICOP Videos.................................................................................................................................Page 25 ReturnedCheck Charge......................................................................................................................................Page 25 Impound/Tow Fee...............................................................................................................................................Page 25 TaxiLicense.......................................................................................................................................................Page 25 BicycleLicense ..................................................................................................................................................Page 25 SECTION 9 - Public Works - Miscellaneous Fees & Charges Copy Fees,Black,White and Color....................................._............................................................................Page 26 Plat&Plan Check Rates.........................................:...........................................................................................Page 26 Engineering Inspections and Permit Fees...........................................................................................................Page 27 GISData&Mapping Services.................:.........................................................................................................Page 28 Sewer Connection Fees ......................................................................................................................................Page 28 Water Connection Fees.......................................................................................................................................Page 28 CemeteryFees.....................................................................................................................................................Page 29 CPI &ENR Calculat ions....................................................................................................................................Page 31 miscellaneous fees 8 charges page 5 Table of Contents SECTION 10 - Parks and Recreation Miscellaneous Fees and Charges a E PARKS WeddingPackages..............................................................................................................................................Page 33 GroupPicnic Rentals..........................................................................................................................................Page 33 Deposits..............................................................................................................................................................Page 33 General Building Reservations...........................................................................................................................Page 33 FieldUsage....................................... ...........................................................................................:..................Page 33 CalleSeating...................................................................................................................................-..................Page 34 DanielMeyer Pool..............................................................................................................................................Page 34 Youth& Adult Recreation Programs Ashland Rotary Centennial Ice Rink.......................................................Page 34 OakKnoll Golf Course Fees...............................................................................................................................Page 34 CommunityGarden Fees....................................................................................................................................Page 35 Nature Center School Programs.........................................................................................................................Page 35 Nature Center Community Programs.................................................................................................................Page 35 Oak Knoll Golf Course Wedding Fees...............................................................................................................Page 35 Maps...................................................................................................................................................................Page 35 SECTION 11 - List of Rates and Charges Set by Separate Resolutions System Development Charges (SDCs) List of Resolutions 10 Parks and Recreation Resolution 2000-29..........................................................................................................Page 37 Transportation Resolution 1999-42....................................................................................................................Page 37 .Sewer Resolution 2006-27..................................................................................................................................Page 37 StormResolution 2002-1 5..................................................................................................................................Page 37 WaterResolution 2006-27..................................................................................................................................Page 37 Utilities Rates and Fees.List of Resolutions AFNResolution 2010-28....................................................................................................................................Page 37 ElectricResolution 2009-26...................................................1...........................................................................Page 37 SewerResolution 201 1-09..................................................................................................................................Page 37 StormDrain Resolution 2009-28........................................................................................................................Page 37 Transportation Resolution 2009-27....................................................................................................................Page 37 WaterResolution 2011-08..................................................................................................................................Page 37 SECTION 12 - Research Fee ResearchFee.......................................................................................................................................................Page 37 SECTION 13 - Appendix Instructions for Application of Municipal Court Fees and Charges...................................................................Page 39 page 6 miscellaneous fees 8 charges Miscellaneous Fees and Charges page 7 Section 1-Administration Administration Services/Finance Miscellaneous Fees and Charges Administrative Billing Charge (up to 10%) Per Billing Business License Fees Initial Business License Application Fee Licensee shall pay a prorated fee of$10 for each month, $120.00 for first 2 employees* or portion of a month, remaining in the fiscal year from +$5.00 for each additional the date of the application with a minimum fee of$25.00 employee Temporary Business License Application Fee $25.00 Renewal Application Fee $75.00 for first 2 employees* +$10.00 for each additional employee Rental Property Fees Same as above for activity including six or more properties. Late Application Fee $25.00 Late Renewal Fee (paid 30 days after the due date) 10%with a minimum of$25.00 *Pursuant to AMC 6.04.020.E an employee is an individual who performs service for another individual or organization. The number of employees reported shall be the number of employees as of the date the new ap- plication or renewal will become effective if approved. It does not matter whether an individual is a full, part- time, or temporary employee for business license purposes. page 8 miscellaneous fees and charges Section 1-Administration Utility Billing Miscellaneous Fees and Charges Current Proposed Administrative Fees: Notification of Pending Collection N/A $ 10.00 Returned Check Charge $35.00 $ 35.00 Reconnection Charge During Business Hours $18.00 $ 25.00 After Hours or Holidays $75.00 $100.00 Service Connection Normal working hours $10.00 $ 10.00 Other Hours or Holidays $75.00 $100.00 Parking Fees Parking Structure Fees 6:00 a.m. - 6:00 p.m. (or segment) $ 1.00 6:00 p.m. - 2:00 a.m. (per hour) $ 1.00 6:00 a.m. - 2:00 a.m. (maximum) $ 3.00 After 6:00 p.m. the fees are $1.00/hour up to a $3.00 maximum. Parking permit (where applicable) 6:00 a.m. - 6:00 p.m. Monday- Saturday $20.00 miscellaneous tees and charges page 9 Section 2—City Recorder City Recorder Miscellaneous Fees & Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Audio Tapes: CD/DVD/Cassette $5.00 each Liquor Licenses: Temporary Liquor License (processing fee) $ 10.00 Liquor License (new processing fee) $100.00 Liquor License (change of ownership processing fee) $ 75.00 Annual Renewal Liquor License $ 35.00 Taxicab Licenses: New Certification application (one-time processing fee) $250.00 Annual Renewal of Certificate $200.00 (per vehicle) Lien Searches: (fees set by Ordinance 2385 in 1986) Routine requests $20.00 Rush/Fax Requests $30.00 Elections: (amount set by Resolution #2009-05) Required deposit for Citizens Initiative $500.00 Street/Alley Vacations: (filing fee set by Resolution 1994-24) Required deposit of filing fee $500.00 Ambulance: Annual renewal fee $300.00 Annual ambulance fee (each vehicle) $100.00 Annexation Processing fee for County Department of Assessment $300.00 Research Fee: Refer to Section 12 on page 37 page 10 miscellaneous fees and charges Section 3-Community Development Planning/Community Development Miscellaneous Fees and Charges Current Proposed Pre-Application Conference: $122.00 $125.00 Administration Actions: Final Plat Review: Partitions $122.00+$10/lot $125.00+$10/lot Subdivisions $310.00+$27/lot $318.00+$27/lot New Sign Permit $122.00+$2.50/sq. ft. $125.00+$2.50/sq ft Replacement Sign Permit $ 27.00+$2.50/sq. ft. $ 27.00+2.50/sq ft Home Occupation Permits $ 26.00 $ 27.00 Zoning permit (fence, accessory structure, etc.) $ 26.00 $ 27.00 Land Use Approval Extension Request $310.00 $318.00 Lot Line Adjustments $310.00 $318.00 Any other Administrative Action $310.00 $318.00 Type I Reviews: Tree Removal Permit (not associated with another action) $ 25.00 $ 27.00 Solar Setback Variance $938.00 $963.00 Amendments to Conditions $938.00 $963.00 Physical & Environmental Constraints Permit $938.00 $963.00 Conditional Use Permit - Accessory Residential Unit $625.00 $625.00 Conditional Use Permit (Type I only) $938.00 $963.00 Variance (Type I only) $938.00 $963.00 Residential Site Review $938.00+$62.00/unit $963.00+$64/unit Final Plan Performance Standards $938.00+$62.00/lot $963.00+$64/lot Land Partitions $938.00+$62.00/lot $963.00+$64/lot Commercial Site Review $938.00+0.5% of $963.00+0.5% of project value project value Any other Type I Review $938.00 $963.00 Type II Reviews: Conditional Use Permit (Type 11 only) $1,878.00 $1928.00 Variance (Type II only) $1,878.00 $1928.00 Outline Plan or Preliminary Plat for Subdivisions $1,878.00+$129/lot $1928.00+$132/lot Final Plan with Outline $2,506.00+$129/lot $2573.00+132/lot Any other Type II Review $1,878.00 $1928.00 Type III Reviews: Zone/Comprehensive Plan Map Change $2,506.00 $2573.00 Comprehensive Plan Change $2,506.00 $2573.00 Annexation $3,761.00 $3862.00 Urban Growth Boundary Amendment $3,761.00 $3862.00 Any other Type III Review $3,132.00 $3216.00 miscellaneous fees and charges page 11 Section 3-Community Development Legislative Amendments: Current Proposed Comprehensive Plan Map/Large Zoning Map Amendment $4,389.00 $4,507.00 Land Use Ordinance Amendment $4,389.00 $4,507.00 Comprehensive Plan Amendment $4,389.00 $4,507.00 City Sponsored Legislation (City Council Directive) $0 $0 Appeals: Appeal for initial Public Hearing $0 $150.00 Appeal for Final Decision of City (Planning Commission or City Council) $310.00 $318.00 Solar Access: Solar Access Permit (not a Solar variance) $51.00+$10.00 $50.00+$10.00 per lot affected per lot affected Community Development Fee: This fee is charged concurrently with Building Permit 1.1% of value of L I% of value of Fees at the time of building permit application for all new construction new construction building permits requiring a plan review (.011) (.011) Community Development Copy Fees Individual Copies: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Prepared Documents: Site Design & Use Standards $ 5.00 Street Tree Guide $ 5.00 Transportation Element $ 5.00 Downtown Plans (2001, 1998) $ 5.00 Street Standards Guide $ 5.00 Comprehensive Plan $40.00 Research Fee: Refer to Section 12 on page 37 page 12 miscellaneous fees and charges Section 3-Community Development Building Permit Fees for Commercial and Residential Total Value of Work Performed: $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2000.00 plus $6.00 for each additional $1000.00 or fraction thereof, to and including$25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including$100,000.00 $100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Plan Review Fee for Commercial and Residential: Plan Review Fee A plan review fee equal to 65% of the building permit fee shall be due at application Additional Plan Review Fee $65.00 per hour Deferred Submittal Fee 65% of building permit fee of deferred submittal valuation with a $50.00 minimum fee Miscellaneous Fees for Commercial: Commercial Fire Sprinkler/Fire Suppression/ Total value of work performed (see Building Permit Fire Alarm Fees) Commercial Fire Sprinkler/Fire Suppression/ 65% of building permit fee Fire Alarm Plan Review miscellaneous fees and charges page 13 Section 3-Community Development Inspection Fees for Commercial and Residential Inspections for which no building permit applies $ 65.00 per hour; (minimum 1 hour) per inspector Reinspection Fee $ 50.00 Inspections outside normal business hours (minimum 1 hr) $130.00 per hour; per inspector Residential Plumbing Permit Fees Description Cost Each New Residential: • 1 bathroom/kitchen (includes: first 100 feet of water/sewer lines; hose bibs; ice maker; underfloor low-point drains; and rain-drain packages) $285.00 2 bathrooms/] kitchen $345.00 3 bathrooms/] kitchen $405.00 Each additional bathroom (over 3) $ 45.00 Each additional kitchen (over 1) $ 45.00 Remodel / Alterations: Remodel / Alterations (minimum fee) $ 40.00 Each fixture, appurtenance, and first 100 ft of piping $ 15.00 Miscellaneous Residential: Minimum Fee $ 40.00 Piping or private storm drainage systems exceeding the first 100 feet $ 22.00 Backflow Assembly $ 15.00 Residential Fire Sprinkler (include plan review): $2.44 x total square footage of structure= Sprinkler Valuation (use Building Permit Fees Valuation Table on page 13 for fee calculation) Manufactured Dwelling or Pre-Fab Connections to building sewer and water supply $ 50.00 RV and Manufactured Dwelling Parks: Base fee (including the first 10 or fewer spaces) $150.00 Each additional 10 spaces $100.00 page 14 miscellaneous fees and charges Section 3-Community Development Commercial Plumbing Permit Fees Commercial, Industrial, and Dwellings other than one - or two-family: Minimum fee $40.00 Each fixture $15.00 Piping (based on number of feet) $.75/ft Miscellaneous: Minimum fee $40.00 Specialty fixtures $15.00 Reinspection (no. of hrs. x fee per hour) $65.00 Special requested inspections (no. of hrs x fee per hour) $65.00 Medical gas piping: Minimum fee $50.00 Valuation $500 to $2,000 $50 + $5 per $100 of valuation Valuation $2,001 to $25,000 $125 + $18 per$100 of valuation Valuation $25,001 to $50,000 $540+ $14 per$100 of valuation Valuation $50,001 to $100,000 $890 + $9 per $100 of valuation Valuation greater than $100,000 $1,340 + $8 per $100 of valuation Residential Mechanical Permit Fees Mechanical Permit Minimum Fee $50.00 Furnace/Burner including ducts & vents: Up to 100k BTU/hr. $12.00 Over 100k BTU/hr. $15.00 Heaters/Stoves/Vents: Unit Heater $15.00 Wood/pellet/gas stove/flue $15.00 Repair/alter/add to heating appliance or refrigeration $12.00 unit or cooling system/absorption system Evaporated cooler $15.00 Vent fan with one duct/appliance vent $ 7.50 Hood with exhaust and duct $10.00 Floor furnace including vent $15.00 Gas Piping One to four outlets $ 6.00 Additional outlets (each) $ .75 Air-handling Units, including Ducts Up to 10,000 CFM $10.00 Over 10,000 CFM • $15.00 miscellaneous fees and charges page 15 Section 3-Community Development Compressor/Absorption System/Heat Pump: Up to 3 hp/100K BTU $15.00 Up to 15 hp/500K BTU $25.00 Up to 30 hp/1,000 BTU $50.00 Up to 50 hp/1,750 BTU $60.00 Over 50 hp/1,750 BTU $75.00 Incinerator: Domestic incinerator $25.00 Commercial Mechanical Permit Fees Minimum Fee $50.00 Total valuation of mechanical system and installation costs .5% of valuation Miscellaneous Fees: Reinspection $50.00 Specially requested inspection (per hour) $65.00 Regulated equipment (unclassed) $50.00 Electrical Permit Fees Residential per unit, service included: Cost Each 1,000 sq. ft. or less $106.00 Each additional 500 sq. ft. or portion thereof $ 19.00 Limited energy $ 25.00 Each manufactured home or modular dwelling service or feeder $ 50.00 Multi-family residential $ 45.00 Residential and Commercial—Services or Feeders: installation, alteration, relocation: 200 amps or less $ 63.00 201 to 400 amps $ 75.00 401 to 600 amps $ 125.00 601 to 1,000 amps $ 163.00 Over 1,000 amps or volts $ 375.00 Reconnect Only $ 50.00 Temporary Services or Feeders: 200 amps or less $ 50.00 201 to 400 amps $ 69.00 401 to 600 $ 100.00 Over 600 amps or 1,000 volts, see services or feeders section above page 16 miscellaneous fees and charges Section 3-Community Development Branch Circuits: new, alteration, extension per panel: Branch circuits with purchase of a service or feeder S 3.00 Branch circuits without purchase of a service or feeder: First branch circuit $43.00 Each additional branch circuit $ 3.00 Miscellaneous Fees: service or feeder not included: Each pump or irrigation circle $50.00 Each sign or outline lighting $50.00 Signal circuit or a limited energy panel, alteration or extension $50.00 Specially requested inspection (per hour) $65.00 Each additional inspection over the allowable $50.00 Residential Restricted Energy Electrical Permit Fees Fee for all systems*: $25.00 Audio and stereo systems Burglar alarm system Doorbell Garage-door opener Heating, ventilation, & air-conditioning systems Landscape lighting & Sprinkler controls Landscape irrigation controls Outdoor landscape lighting Vacuum Systems Each additional inspection $25.00 *For new construction, this permit fee covers all systems listed or can be sold separately. Renewable Energy Systems: 5 KVA or less x $79.00 5.01 KVA to 15 KVA x $94.00 15.01 KVA to 25 KVA x $156.00 Over 25 KVA: $6.25 per KVA State of Oregon Surcharge - ORS 455.210(4) State of Oregon permit surcharge is 12% of structural, plumbing, mechanical and electrical components of the overall building permit. miscellaneous fees and charges page 17 Section 4—Electric Electric Miscellaneous Fees and Charges Current Proposed Temporary Service Drop: Single Phase Underground temp 300 amps or less $134.00 $206.00 Single Phase Overhead temp 300 amps or less $134.00 $253.00 Three Phase $279.00 Actual Cost Meter Charges: Meter Tests for accuracy: Once in twelve months No Charge No Charge Two or more times in twelve months $68.00 $120.00 Meter repairs/replacement (Damaged by Customer) Actual Cost Actual Cost Returned Check Charge: Per Miscellaneous Fees $35.00 $35.00 Reconnection Charge: Normal working hours $18.00 $25.00 Other hours or Holidays $75.00 $100.00 Service Calls Once in twelve months No Charge No Charge Two or more times in twelve months $18.00 $165.00 Other hours or Holidays $75.00 $203.00 Service Connection for Applicant Normal working hours $10.00 $10.00 Other hours or Holidays $75.00 $100.00 Scheduled work after hours $287.00 Actual Cost Unauthorized Connection $215.00 $215.00 Line Extension Charges: New Single-Family Residential Service: Overhead service in existing developed areas from distribution line to and including meter $432.00 $477.00 Overhead service upgrade or increased service for 300 amps or less $287.00 $477.00 Replacement of service from overhead to underground, 300 amps or less. Customer provides all trenching, conduit, backfilling and compaction as directed by the City. $505.00 $993.00 miscellaneous fees and charges page 18 Section 4-Electric Current Fee Proposed Fee Line Extension Charges Continued: Underground residential service of 300 amps or less. Customer provides conduit,trenching, back fill, compaction as directed by the City. $432.00 $602.00 *Underground Distribution Installation Charges: Per Lot less house service and engineering fees. $941.00 $1043.00 Subdivisions of 0 to 20 engineering fee per lot $136.00 $150.00 Subdivisions of 21+ engineering fee per lot $206.00 $227.50 Three Phase subdivision as required by city per lot $206.00 $227.50 Any overhead/underground service over 300 amps Actual Cost Actual Cost Commercial, Institutional and Industrial Service Actual Cost Actual Cost **Blower Door Leak Test (gas heat customers only) $50.00 $75.00 **Duct Leak Test (gas heat customers only) $50.00 $125.00 *Total Residential Subdivision fees per lot less engineering fees: $1,373.00 $1,373.00 *Methodology: Current ENR Rate—Old ENR Rate/Old ENR Rate= % x Old Rate = Rate 8573.87-8140.61/8140.61=5.3% Source: Engineering News Record Construction Cost Index (ENR) **Electric heat customers = no fee miscellaneous fees and charges page 19 Section 5-Fire Fire Miscellaneous Fees and Charges Copy Fees: Black and White Copy Letter/Legal Single Sided $ .20 each Black and White Copies Letter/Legal Double Sided $ .40 each Black and White Copies Tabloid Single Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copy Letter/Legal Single Sided $1.50 each Color Copy Tabloid $3.00 each Report Fees: Non patient Pre-hospital Care Reports $12.00 for 10 pages or less $15.00 over 10 pages Fire Incident Reports $12.00 for 10 pages or less $15.00 over 10 pages Photographs $12.00 per case request CD/DVD $19.00 per case request Mailing Cost Actual Cost Research Fee Refer to Section 12 on page 37 Fire Fees: Cost Recovery Equipment *Per Current Oregon State Fire Marshal Standardized Cost Schedule Personnel *$50.00 per person per hour—2 Hour minimum per person Hazardous Materials Cleanup Actual Cost Emergency Medical Services: Current Proposed FireMed Annual Household Fee-Annual Renewal $52.00 per year $55.00 per year Emergency Medical Service Fee—Aid Call $250.00 per patient $250.00 per patient Ambulance Base Rate $899.78 per patient $899.78 per patient Ambulance Mileage Rate $14.00 per mile $14.00 per mile' Ambulance Waiting Time $25.00 per % hour $25.00 per 1/2 hour Ambulance Stand By (2 hour minimum) $100.00 per hour $100.00 per hour On scene Coordinator $50.00 per hour $50.00 per hour Extra attendant $45.00 each $45.00 each Ambulance Service Area 1112010 rate schedule Base rates will be adjusted each year by the most current posted "Consumer Price Index" (CPI). Other rates and mileage charges will be adjusted only by approval of the County Commissioners. page 20 miscellaneous fees and charges Section 5-Fire Fire and Life Safety: Plan Checks: Any Building Permit - 24% of the Building Permit Fee and Plan Check Fees New Subdivision or Land Partition 24% of the Engineering Subdivision Plat Check Fee Other: Fire Hydrant Flow Tests required for new installations will be assessed at $100 per flow test. Any review required by the Oregon Uniform Fire Code, and which does not involve a building permit, will be charged at the rate of$50.00 per hour. A minimum charge of$25.00 will be assessed to these reviews. When the Building Division assesses additional fees for plan reviews and/or field inspections, any fire department staff time associated with that activity will be included in their fees at their specified rate. First Aid/CPR Classes: Basic Life Support (BLS) for Healthcare Providers CPR Class $55.00 per person Heart Saver CPR & First Aid Class $55.00 per person Heart Saver CPR Class $35.00 per person Family and Friends CPR Class $ 5.00 per person Inspection Schedule: Initial Inspection (Re-inspection Included) Occupancy Type "B" 0-1,000 sf - $32.00 Occupancy Type "A, E, F, H, 1, M, S" 0-3,000 sf+ B 1,001-3,000 $48.00 Occupancy Type "A,B, E, F, H, 1, M, S" 3,001-10,000 sf $ 96.00 10,001-20,000 sf $144.00 Over 20,000 sf $192.00 Occupancy Type "R, SR" 3 to 10 Units $ 48.00 11 to 40 Units $ 96.00 41 to 70 Units $144.00 Over 70 Units $192.00 Non-Compliance after 2°d Inspection Inspection Fee+ $ 50.00 Non-Compliance after 3rd Inspection Inspection Fee+ $100.00 Non-Compliance after 4`h Inspection / Subsequent Inspections Inspection Fee+ $150.00 Weed Abatement: Staff time Refer to Section 12 on page 37 Mailing Cost Actual Cost Weed Abatement by Contractor Actual Cost miscellaneous fees and charges page 21 Section 6-Information Technology Information Technology Miscellaneous Fees and Charges* Installation Fees: Basic installation-Pre-wired CATV outlets only (Additional charges for parts and supplies apply) $20.00 Add Trap ("filter") $10.00 Disconnect Fees Disconnect $50.00 Remove Trap ("Filter") $10.00 Truck Roll $20.00 Field Technician Hourly Rate Non-standard work such as advancing troubleshooting, non-standard outlets, fishing wire inside walls, etc. $40.00 Consulting and Technical Support Hourly Rate For support issues not related to AFN infrastructure, performance, and reliability. Minimum charge on hour. $70.00 Non-City Employee Staff Screening Charge for each vendor employee submitted for authorization to Access AFN and City Service Center facilities. $150.00 Fiber Service Installation $1,500.00 Minimum one-time fee for overhead served connections. Mandatory two-year agreement. Requests for underground served installations and/or for services beyond 1000' feet of exi sting overhead AFN fiber network will be charged by quote. Transit (a) 100 Mbps $300.00/month Transit A 1 Gbps $400.00/month Fiber Laver 3 15 100 Mbps $400.00/month Fiber Laver 3 (cD 1 Gbps $500.00/month Above services and rates for local loop service only Fiber Layer 3 measured at 95th percentile Call 541-552-2400 for further information page 22 miscellaneous fees and charges Section 6-Information Technology QoS ("Quality of Service") $ 3.50/month Primarily requested through Retail Partners for VOIP (phone) enhancement Available on AFN Choice or higher service Modem DOCSIS 1.1 compliant or greater Business Augmented Upload Package (additional 5 Mbps) $15.00/Month Available exclusively on AFN Direct with the following requirements: Current City of Ashland Business License Business Augmented Upload Package available only with: Small Office/Home Office (SOHO) Small Business Additional fee added to base AFNDirect retail rates on specific packages. Maximum SOHO upload speed with augmented upload service at up to 9 Mbps Small Office/Home Office Business Augmented Upload Package @$80/month Maximum Small Business upload speed with augmented upload service at up to 10 Mbps Small Business Augmented Upload Package @ $100.00/month Blue flex coaxial conduit for direct bury installation - new home construction First 50 feet @ no charge; thereafter @ per foot rate $ .50/foot Non-return of customer premise equipment ("CPE") devices $300.00 CPE's must be returned on disconnect date of AFN Anywhere and/or AFNMax services. * Resolution 2010-28 (Section 2,page 38)grants Information Technology management ability to set promotional rates. miscellaneous fees and charges page 23 Section 7-Municipal Court Municipal Court Miscellaneous Fees and Charges Court Administration Fees Crime Violation Other Appeal Transcript Fee: $35.00 $10.00 City Attorney Deferred Sentence/Diversion $60.00 $40.00 Civil Compromise Costs $75.00 N/A Compliance Inspection Fee N/A $25.00 Court Appointed Counsel Fees and Charges billed ranging from $250.00-$600.00 Default Judgment N/A $15.00 Discovery Fees Imposed in accordance with Miscellaneous Fee & Police Department Resolutions See Police and City Recorder Fees Diversion by Municipal Court: Classes I-IV, A-D Unclassified and Specific Fine Violations: N/A Base Fine Amount Domestic Partnership Registration N/A N/A $25.00 Extend/Amend City Attorney Deferred Sentence/Diversion: $45.00 $45.00 Failure to Appear for Bench Trial/ Show Cause hearing: $90.00 $70.00 Failure to Appear for Jury Trial $150.00 N/A Forfeiture of Security $25.00 $25.00 Mediation of violation (Municipal Court Mediation) , I N/A $65.00 Non Sufficient Funds Check $25.00+ $25.00+ Bank Costs Bank Costs Warrant $25.00 $25.00 Withholding on County Assessment 10% at monthly distribution The following fees are not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21, 26 and 27. (These are currently set to expire on June 30, 2011). Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges, the following fees and charges set forth in Table 2, are hereby approved and these fees shall become effective upon the expiration of Oregon Laws Chapter 659 or the expiration of any subsequent legislation extending the fees and charges of that chapter. Court Administration Fees Crime Violation Court Costs $ 35.00 $45.00 Expunction $250.00 $ 0.00 Show Cause Admission of Allegation $ 25.00 $10.00 Bench Probation Fee $100.00 N/A All other fees and charges inconsistent with the fees and charges set forth herein are repealed. Nothing in this Resolution is intended to detract from the inherent power of the Court pursuant to general law to impose fees and charges established in state law or City ordinance in addition to the fees and charges specified herein. page 24 miscellaneous fees and charges Section 8-Police Police Miscellaneous Fees and Charges Current Proposed Police Reports: $12.00 for reports 10 pages or less $12.00 for reports 10 pages or $15.00 for reports over 10 pages $15.00 for reports over 10 pages Research Fee: Refer to Section 12 on page 37 Visa Letters: $19.00 $19.00 Fingerprints Cards: $20.00 first card $20.00 first card $10.00 each additional card $10.00 each additional card Photographs (CD): $19.00 $19.00 Audio Tapes/ ICOP Videos: $19.00 $19.00 Returned Check Charge: $35.00 $35.00 Impound/Tow Fee: $150.00 Cash only $105.00 Cash only Taxi Operator License: $20.00 renewal $20.00 renewal $42.00 new $42.00 new Bicycle License: $ 2.00 $ 2.00 miscellaneous fees and charges page 25 Section 9-Public Works Public Works Miscellaneous Fees and Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Existing maps printed in color on HP1055CM plotter(241b bond Paper) Arch C 18 x 24 3.00 sq. ft. $18.00 Arch D 24 x 36 6.00 sq. ft. $36.00 Arch E 36 x 48 12.00 sq. ft. $72.00 Existing maps or copies of existing maps copied in B&W on Xerox 3030 large format copier (201b bond paper) Arch C 18 x 24 $ 8.00 Arch D 24 x 36 $12.00 Arch E 36 x 48 $16.00 Note: Maps printed on materials other than the specified bond are double the standard print fee Plat & Plan Checks: Current Proposed Subdivision Plats $686.00 plus $103.00 per lot $694.00 plus $104.00 per lot Condominium Plats $686.00 plus $103.00 per lot $694.00 plus $104.00 per lot Partition Plats (does not include 24%Fire Department Review Fee) $367.00 $371.00 Subdivision Improvement Plat Check 5% Engineer Fee(5% of 5% Engineer Fee(5% of the public improvement cost) the public improvement cost) Engineering Development Fee (this fee is charged concurrently with Building Permit Fees at the time of building permit applications. Applies To all new residential dwelling units and all commercial 0.75% of valuation 0.75% of valuation Construction permits. Residential remodels, additions and accessory Buildings are not assessed this fee.) page 26 miscellaneous fees and charges Section 9-Public Works Public Works/Engineering Inspections, Permits, etc.: Current Proposed Subdivision Construction Inspection/ Public Works Improvement 5% Engineer Fee(5% of 5% Engineer Fee(5% of Inspection the public improvement cost) the public improvement cost) Street or Alley Excavation Permit $185.00 plus per foot cost $187.00 plus per foot cost based on age of pavement based on age of pavement Encroachment Permit $184.00 $187.00 Miscellaneous Construction Permit $ 60.00, $ 61.00 (Construction of curb, sidewalk,driveway Apron,etc.) Dust Suppression Permit $ 60.00 $ 61.00 Driveway Painting Permit $ 15.00 $ 15.00 (includes a can of paint) Right-of Way Closure-Street $184.00 $187.00 Right-of Way Closure-Sidewalk(>72 hrs) $ 59.00 $ 61.00 Right-of Way Closure-Sidewalk(<72 hrs) $ 15.00 $ 15.00 Right-of Way Closure-Parking Space(>72 hrs) $ 59.00 $ 61.00 Right-of Way Closure-Parking Space(<72 hrs) $ 15.00 $ 15.00 Special Event Permits Large Event-4 hours or more with entry fee $1,000.00 $1,000.00 Large Event-4 hours or more, no entry fee $ 850.00 $ 850.00 Small Event-Less than 4 hours with entry fee$ 700.00 $ 700.00 Small Event-Less than 4 hours, no entry fee $ 350.00 $ 350.00 Basic Event (no city staff required) $ 130.00 $ 130.00 City Sponsored Event $ 0 $ 0 Block Party $ 15.00 $ 15.00 Sidewalk Dining-Annual Renewal (Minimum 50 sq. ft) $4.00 per sq. ft. $4.00 per sq. ft. Functional Item-Annual Renewal $ 59.00 $ 61.00 miscellaneous fees and charges page 27 Section 9-Public Works Public Works/Engineering Inspections, Permits, etc. (cont): Loaned Functional Item, Pennant Application Fee $125.00 $127.00 Publication Box Per Publication—Annual Renewal $ 25.00 $ 25.00 Special Vehicle Permit—Initial Fee $225.00 $258.00 Special Vehicle Permit—Annual Renewal $102.00 $103.00 Penalty for No Permit 150% of permit cost 150% of permit cost Street or Alley Vacation $500.00 $635.00 GIS Data & Mapping Services: Current Proposed GIS Hourly Rate $76.00 $77.00 Information on Disk $38.00 per utility per $38.00 per utility per quarter-quarter section quarter-quarter section Planning Pre-Application Maps $20.00 $20.00 Plotting Fee $6.00 per square foot $6.00 per square foot New Address Assignment $35.00 per address $35.00 per address number number Street Name Approval Fee $102.00 per street $103.00 per street page 28 miscellaneous fees and charges Section 9-Public Works Sanitary Sewer Connection Fees Current Proposed Sanitary sewer mainline video inspection (cost based on time and materials) $287.00 minimum $302.00 minimum Water Connection Fees 3/4 inch service connection from main line including meter $1,588.00 $1,669.00 If owner/builder/contractor provides trench and backfill $ 367.00 $ 386.00 1 inch service connection from main line Including meter $1,816.00 $1,909.00 If owner/builder/contractor provides trench and backfill $ 495.00 $ 520.00 1 1/2 inch service connection from main line including meter $2,497.00 $2,624.00 If owner/builder/contractor provides trench and backfill $1,046.00 $1,099.00 2 inch service connection from main line including meter $2,732.00 $2,871.00 If owner/builder/contractor provides trench and backfill $1,363.00 $1,433.00 3 inch service connection from main line including meter Actual Cost Actual Cost First Utility Locate at an address No Charge No Charge Additional Locates at same address $63.00 $66.00 Water meter re-read Once in 12 months No Charge No Charge Each additional re-read in 12 months $28.00 $29.00 Water Meter Field Test $45.00 $47.00 Water Meter Bench Test 3/4" or 1" Water Meter $97.00 $102.00 1 1/2" or 2" Water Meter $182.00 $191.00 Larger Meters Actual Cost Actual Cost miscellaneous fees and charges page 29 Section 9-Public Works Water Connection Fees Continued Current Proposed Water pressure check once in 12 month No Charge No Charge Each additional pressure check in 12 months $35.00 $37.00 Water Chlorination Test -Subdivision retest upon failure (cost based on time and materials) $577.00 $606.00 Water Pressure Test -Subdivision retest up failure (cost based on time and materials) $345.00 $363.00 Water Main Line Tap -up to 6 inch waterline (cost based on time and materials) $1,722.00/tap $1,810.00/tap Water Main Line Tap -above 6 inch waterline $2,299.00 $2,416.00 (cost based on time and materials) minimum+actual cost/tap minimum+actual cost/tap Cemetery Fees Sales of grave spaces or burial plots (fees split, 40%to the cemetery fund & 60%to the cemetery trust fund) Grave Space -Lawn and Monument Sections $475.00 $481.00 Grave Space-Baby Land $150.00 $152.00 Grave Space-Niches (bronze) $400.00 $405.00 Grave Space -Urn garden $150.00 $152.00 Grave space -Crypt $1,000.00 $1,012.00 Sales of liners and markers (fees split, 40%to the cemetery fund& 60%to the cemetery trust fund) Concrete cemetery box, including setting $400.00 $405.00 Concrete liners Cost plus 10% Cost plus 10% Final inscriptions $125.00 minimum charge $125.00 minimum charge Grave markers Wholesale cost times 2.5, Wholesale cost times 2.5, not to exceed $700.00 not to exceed $700.00 Grave marker setting, concrete base $150.00 $152.00 Monticello burial vault (sealed concrete) $1,100.00 $1,113.00 page 30 miscellaneous fees and charges Section 9-Public Works Sexton Fees Opening and closing graves, ground $400.00 $405.00 Opening and closing graves, double-deep $450.00 $455.00 Opening and closing graves, infant $150.00 $152.00 Opening and closing crypts $400.00 $405.00 Opening closed crypts $400.00 $405.00 Opening and closing niches $100.00 $101.00 Inter cremains in grave spaces $150.00 $152.00 Scattering of cremains $100.00 $101.00 Disinterment $1,000.00, paid in advance $1,012.00, paid in advance Saturday, Sunday or Holiday burial $400.00 $405.00 Miscellaneous Fees Grave Setup Rental $100.00/occurrence $101.00/occurence Tent Rental $50.00/day $51.00/day Perpetual care lots, sold before 1927 $100.00 $101.00 vases Galvanized $40.00 $40.00 *cemetery lees will be subject to a 1.5%finance charge per month if not paid within 60 days of use. All above services will be sold pre-need in installments,interest free,with a minimum payment of one-twelfth of the total sale. 2011 CPI and ENR Calculations Methodology: Current CPI Rate - Old CPI Rate/Old CPI Rate= % Rate of Adjustment (220.223-217.631)/217.631 = 1.2% Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate= % Rate of Adjustment (9011-8573)/8573 = 5.1% CPI used for: Plat & Plan Checks Public Works/engineering Inspections, Permits, etc. GIS Data & Mapping Services Cemetery Fees ENR used for: Sanitary Sewer Connection Fees Water Connection Fees miscellaneous fees and charges page 31 Section 10-Parks and Recreation a somp ASHLAMO PARKS 8� RECREATION Section 10 Parks and Recreation Miscellaneous Fees and Charges page 32 miscellaneous fees and charges Section 10-Parks and Recreation Parks Miscellaneous Fees and Charges Wedding Packages: Lithia Park Sites $ 800.00/8 hrs. $ 400.00/4 hrs. Community Center $1,150.00 park site included Pioneer Hall $1,150.00 park site included Group Picnic Rentals: Cotton Memorial Area $ 75.00/4 hrs. Madrone Area $ 60.00/4 hrs. Top Southern Lawn $ 55.00/4 hrs. Hillside Picnic Area $ 55.00/4 hrs. Sycamore Grove $ 75.00/4 hrs. Brinkworth Area $ 60.00/4 hrs. Root Memorial Area $ 60.00/4 hrs. Lawn below Upper Duck Pond $ 60.00/4 hrs. Butler Bandshell $220.00/8 hrs. Deposits: Picnic Areas $ 75.00 Lithia Park Weddings $ 75.00 Butler Bandshell $190.00 Buildings Security $300.00 for events (refundable) $150.00 for meetings (refundable) Alcohol Fee $150.00 (non-refundable) General Building Reservations: The Grove Full Facility $41.50/hr. on weekdays $50.00/hr. on weekends The Grove Otte/Petterson $22.50/hr. on weekdays $25.00/hr. on weekends Hunter Park Senior Center $19.50/hr. on weekdays $31.50/hr. on weekends Long Term User Fee $15.00/hr. (at least 6 days/yr) Oak Knoll Golf Course $I 9.50/hr. on weekdays $31.50/hr. on weekends Pioneer Hall/Community Center $19.50/hr. on weekdays $31.50/hr. on weekends Miscellaneous Equipment Fee $100.00 Field Usage: Tournaments $36.50/day each team Lights $28.00/hour miscellaneous fees and charges page 33 Section 10-Parks and Recreation Calle Seating: Artisans $4.00/sq. foot Restaurant Seating $4.00/sq. foot Daniel Meyer Pool: Admission $ 2.00 Lap Swim $ 2.50 Water Aerobics $ 3.25 Swim Lessons $45524550 (age of child/length of lesson) Private Lessons $ 18.00 Open Swim punch card $ 30.00 Lap Swim punch card $ 40.00 Water Aerobics punch card $ 55.00 Season Pass $140.00 Youth Recreation Programs: 60/40 split with instructor and Parks Department Adult Recreation Programs: 60/40 split with instructor and Parks Department Ashland Rotary Centennial Ice Rink: Youth Admission $3.25 Adult Admission $4.00 Skate Rental $2.50 Hockey Admission $5.50 Group Rental $5.00 Oak Knoll Golf Course: Annual Passes: Annual Pass-Single $1,100.00 Annual Passs-Family $1,540.00 Daily Adult Fees (ages 18 to 54) 9 Holes: November-February $11.00 March-October $16.00 18 Holes: November-February $15.00 March-October $24.00 Daily Senior Fees (ages 55 & up) Monday-Friday Only 9 Holes: November-February $11.00 March-October $14.00 18 Holes: November-February $14.00 March-October $22.00 page 34 miscellaneous fees and charges Section 10-Parks and Recreation Daily Junior Fees (ages 8 to 17) 9 Holes: Year-Round $ 5.00 18 Holes: Year-Round $10.00 Driving Range One token (35) balls $ 3.00 Cart Fees (per person) 9 Holes: November-February $ 6.00 March-October $ 8.00 18 Holes: November-February $11.00 March-October $13.00 Community Garden Fees: 10x10 $30-$35 - depending on location 10x20 $42-$47 - depending on location 20x20 $65.00 4x]2 $25.00 Nature Center School Programs: $200.00/Class Nature Center Community Programs: 70/30 split with instructor and Parks Department Oak Knoll Golf Course Wedding Fees: November-February $1,500.00 - full day November-February $ 800.00 - half day March-October $ 750.00 - full day March-October $ 400.00 - half day Maps: City of Ashland Map $3.00 (or 2 maps for$5.00) Watershed Map $3.00 (or 2 maps for$5.00) miscellaneous fees and charges page 35 Miscellaneous Fees and Charges page 36 Section 11-Rates and Charges Set by Separate Resolutions Rates and Charges Set by Separate Resolutions Listed Below* For full view click on appropriate resolution System Development Charges (SDCs) Parks and Recreation SDCs -Resolution 2000-29 Transportation SDCs -Resolution 1999-42 Sewer SDCs -Resolution 2006-27 Storm SDCs -Resolution 2002-15 Water SDCs -Resolution 2006-27 Utility Rates and Fees AFN Utility Fees -Resolution 2010-28 Sewer Rates -Resolution 2011-09 Storm Drain Fees -Resolution 2009-28 Transportation Fees -Resolution 2009-27 Water Rates -Resolution 2011-08 SECTION 12 - Research Fee A The City shall charge a research fee based on the hourly wage of the staff person doing the re search, and the fee shall be billed in fifteen minute increments. The hourly wage used to calcu late the research fee shall not include the cost of benefits. will establish a fee in its annual fee resolution that The research fee is reasonably calculated to reimburse the City for the actual cost of making public records available, including locating the requested records, reviewing the re- cords to delete exempt material, supervising a person's inspection of original documents to \ protect the integrity of the records, summarizing, compiling, or tailoring a record, either in organization of media, to meet the person's request. The City may charge for search time even if it fails to locate any records responsive to the requestor even if the records located are subsequently determined to be exempt from disclosure. Copies of documents provided by a routine file search of 15 30 minutes or less will be charged at a copy rate established in the annual fee resolution. B. The City may include a fee established to reimburse for the costs of time spent by the city attorney in reviewing the public records, redacting materials from the public records into exempt and nonexempt records. The City fee may also include the cost of time spent by an attorney for the City in determining the application of the provisions of ORS 192.505. C. The City may not establish a fee greater than $25 unless the requester is provided with written notification of the estimated amount of the fee and the requestor confirms in writing that he/she wants the City to proceed with making the records available. D. Prepayment shall be required if the amount of the request is greater than $25. if the actual charges are less than the prepayment, and overpayment shall be refunded. *All of the above resolutions can be found full text on the City of Ashland's Website: http://ashland.or.us miscellaneous fees and charges page 37 Miscellaneous Fees and Charges I� page 38 Section 13 -Appendix Instructions for Application of Municipal Court Fees and Charges 01.Appeal Transcript Fee. In the event an appeal is filed,the Municipal Court Clerks must prepare what is known as a transcript on appeal for transmittal to Circuit Court(This is a compilation of certified documents filed in the case- not -a verbatim transcript). This fee is established to recover the cost of this certified copy and transmittal service. The Ashland Municipal Court is not currently a Court of Record. [See ORS 221.342.) Accordingly,appeals to Circuit Court are de nova, that is, the matter is tried anew,as if nothing had happened below. [See e.g. ORS 138.057(1)(a)(f); - ORS 221.359;ORS 157.010 ,ORS 53.090]. 02. Bench Probation Fee. This fee continues a$100 surcharge fee imposed in Oregon Laws Chapter 659, Section 21 paragraph 7. The fee shall be imposed if the defendant is placed on probation under the supervision of the Court. This fee is not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9,21, 26 and 27. (These are currently set to expire on June 30,2011). 03.City Attorney Diversion/Deferred Sentencing Agreement [ORS 135.8811.—ORS 135.881 expressly permits a City Attorney to divert or defer certain criminal offenses such that there is no adjudication in the criminal justice system—no judgment and no sentencing order. A defendant enters a plea which is held while the defendant performs community service or some form of treatment. Successful completion of the diversion/deferred sentence results in dismissal of the charge. Failure to comply results in revocation and formal sentencing by the Court. This fee is established to recover the cost of establishing and monitoring diversion/deferred sentence agreements through the City Attorney's office and Court. For purposes of fees and charges, a conditional discharge on motion of the city attorney under ORS 137.533 is assessed the same fees and charges as diversion/deferred sentence. Court-appointed counsel fees and charges may not be waived if part of plea bargain or stipulated to as part of a - compromise. AMC 4.35.030. Plea bargained diversions,deferred sentences, and compromises may include negotiated waiver of fee. 04.Civil Compromise Costs [ORS 135.703(1)& (2)1.Certain criminal offenses may be civilly compromised. The civil compromise statute[ORS 135.7051 requires acknowledgement of satisfaction by the victim, in writing,and payment of all costs and expenses incurred, [including court appointed attorney fees] as a prerequisite to exercise of the Court's discretion to dismiss the charge. This fee is established to recover the administrative costs associated with civil compromise,including assurances that the victim has been satisfied and not coerced. Court-appointed counsel fees and charges may not be waived if part of plea bargain or stipulated to as part of a compromise. AMC 4.35.030. Plea bargained compromises may include negotiated waiver of fee. 05.Collection Fee 125%with a maximum of$250: ORS 137.1181. Oregon statutes allow a Municipal Court to add a collection fee to a money judgment in a criminal action. The fee is dictated by state statute and may not exceed 25%of the monetary obligation and shall not in any case exceed$250.00. The fee shall be waived if the defendant pays as agreed—i.e. the defendant pays in accordance with payment schedule arranged by the Court. If the Court show causes the defendant for failure to pay[e.g.ORS 161.685) for a violation or a crime,and the defendant has not paid as agreed,then the fee is not waived—because the defendant did not"pay as agreed.". Additional charges may also be imposed when cases are assigned to a collection agency. 06. Compliance Inspection Fee. This fee is imposed on violations when an inspection by police,code compliance or court staff is required to dismiss the ticket. This is the final step in a"fix it"ticket. The Court,Police or staff physically inspects to make sure the problem is corrected. 07.Court-Appointed Attorney Fees and Charges. State law prohibits paying court appointed counsel less than thirty dollars($30.00)per hour.ORS 135.055. The rate for court appointed counsel shall be two hundred and fifty dollars ($250.00) for cases involving one defendant when there is no trial. The rate shall be increased to four hundred dollars ($400.00)when there is a bench trial and six hundred dollars($600.00)when there is a jury trial. The rate is per defendant, including all associated cases;however each case that requires a bench trial orjury trial is subject to an additional one hundred dollar s($100.00)or three hundred dollars($300.00)per case,over the$300 no-trial cap, respectively. Court appointed counsel fees and costs may only be imposed,reduced or waived by the Court when miscellaneous fees and charges page 39 Section 13 -Appendix O8.Court Costs.This is the standard Court fee imposed for administrative costs associated with resolution of any misdemeanors or violation. The fee is charged when the Court finds a defendant guilty after a trial,accepts a guilty plea,accepts a"no contest"plea, or takes a default based upon an alleged violation of a state law or city ordinance. There are different fees for violations and crimes. There is an allowance for the Judge to waive court costs for additional cases/counts resolved on the same day as the first case,provided the first case is fully charged and is as serious as subsequent cases. AMC 4.35.030.D. This fee is incorporated into the bail schedule and is therefore paid in all cases where the ticket is uncontested. See note 19 in Resolution regarding suspension of this fee while state surcharge is in effect. This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030.The Court may also reduce or waive this fee for additional cases/counts resolved on the same day as the original offense when subsequent offenses are equal to or lesser than the original offense. AMC 4.35.030. This fee is not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2,9,21, 26 and 27. (These are currently set to expire on June 30,2011). 9.Default Judgment.The Court may take a default judgment on a non-criminal violation if the defendant fails to appear at first appearance [ORS 153.102(1)]. The default fee applies also when the City Attorney reduces a crime to a violation and when the Court,with the consent of the City Attorney, reduces a charge to a violation upon a failure to appear. [See. ORS 161.566&ORS 161.5681 However, State,County and City misdemeanor assessments remain applicable. The Court shall take a default judgment when the defendant fails to appear for trial or subsequent to first appearance in a violation proceeding. [ORS 153.102(2)]. Defendants may request relief from a default judgment by filing a motion,filed with the Court and served on the City pursuant to ORS 153.105. 10.Discovery. Discovery fee is charged for police records associated with an ongoing criminal case whether or not the defendant is represented by legal counsel. The fee is$12.00. Pursuant to Oregon law to protect victims of crimes, certain victim and witness information must be redacted(withheld)[ORS 135.815]. Other requests for public records are addressed pursuant to Miscellaneous Fees Resolution 2007-44 and subsequent Resolutions. Discovery fees will not be assessed for cases involving court appointed counsel. When Discovery exceeds 20 pages,the discovery fee is increased to$15.00,additional charges for tapes,DVDs,and photos,apply per Miscellaneous Fees Resolution 2007-44 and subsequent resolutions. This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030. 11. Diversion of Violation by Municipal Court. The Judge may divert violations,unless prohibited by statute or ordinance. However, the Court's authority to reduce fines for violations is strictly limited by statute. Whether the violation is a Class 1, 11, 111, IV,or unclassified violation the Court,"notwithstanding any other provision of law, may not defer,waive, suspend or otherwise reduce the fine for a violation to an amount that is less than 75%of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are also limited. Accordingly,even if the Court attempts to keep a violation off a defendant's record by diverting it, the reduction in the fine is limited by state statute. Base Fines are calculated using the formula in state law and City Ordinance and the fines differ based upon the classification of the offense. Essentially the base fine is one half the maximum fine with all assessments, including state,county and city assessments. The violation diversion fees set forth on the table below represent the base fine(including City Court Costs): State base fine *City Base Fine (including w/o surcharge Class of Offense Diverted Court Costs) $427 Court Diversion: Class I/A Violation $472.00 $242 Court Diversion: Unclassified Class 11 Violation $287.00 $242 Court Diversion: Class H/B Violation $287.00 $145 Court Diversion: Class HI/C Violation $190.00 $97 Court Diversion: ClasslV/D Violation $142.00 varies Court Diversion: Specific Fine Base Fine *The City Base fine including Court Costs is equivalent to the base fine including the state surcharge for corresponding classes of state law violations. page40 miscellaneous fees and charge Section 13 - Appendix 12. Diversion-Marijuana Less than an Ounce. The Oregon Legislature has established a specific procedure for marijuana possession less than an ounce, diversion in ORS 135.907 ORS 135.921. The specified fee is the required fee a defendant must pay to file a petition for a marijuana diversion pursuant to ORS 135.921. An additional evaluation fee of$90.00 must be paid to the agency providing the required diagnostic assessment. The filing fee may be paid on an installment basis and the judge may waive all or pan of the filing fee in cases of an indigent defendant. [ORS 135.909] Without this statutory marijuana diversion process, the minimum fine and assessments under state statute for possession of less than an ounce of marijuana would be$603.00($500 min fine, $37 state unitary assessment and$66 county assessment). City assessments would add$20.00. [State surcharges(e.g. $100.00) are not reflected in this fee.] 13.Domestic Partnership Registration. The City of Ashland has a register for domestic partners that pre-dates the Oregon State Statute providing for County Registration. 14.Drivers License Suspension. This$15.00 fee is specifically identified in ORS 809.267 to be imposed whenever the Court suspends or restricts the driving privileges of a defendant for failure to comply with a court order or any conditions imposed by the court or failure to pay a fine or for failure to appear as required by ORS 153.061. 15.Driving Record Traffic Offenses(certified) [ORS 153.6241. State law mandates that"in addition to any other costs charged a person convicted of a traffic offense, a court shall charge as costs and collect from any person convicted of a traffic offense any costs incurred in obtaining any driving records relating to the person." The cost of a certified record and accompanying documents from the DMV is now$11.50;$3.00 for a certified copy alone. 16.Expunction. This fee is to reimburse staff for administration of the process to seal the records of a Municipal Court conviction or an arrest per ORS 137.225. See note 19 in Resolution regarding suspension of this fee while state surcharge is in effect. This fee is not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2,9,21, 26 and 27. (These are currently set to expire on June 30, 2011). 17.Extend/Amend City Attorney Diversion/Deferred Sentence. On occasion a City Attorney diversion or deferred sentence needs to be extended or revised. This typically occurs when the defendant is given additional time to satisfy an obligation,or requests a change in the obligations. Extensions or amendments are also negotiated in lieu of revocation and formal sentencing. This involves negotiating,drafting and processing an amendment. This fee is intended to recover this cost. 18. Failure to Appear for Bench Trial/Show Cause Hearing. Substantial expense is involved in preparation for a bench trial on a violation or crime. This fee reimburses the City for preparation wasted when the defendant fails to appear(e.g. includes witness fees,subpoenas,officer overtime,staff or attorney time,court staff and judge time.) The fee is required to be waived if,based on competent evidence,the Court finds that the failure to appear is due to circumstances beyond the control of the defendant and through no fault of the defendant. AMC 4.35.030. 19. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for a jury trial. This fee reimburses the City for preparation wasted when the defendant fails to appear(e.g. includes jury fees,witness fees, subpoenas,officer overtime,staff and attorney time,court staff and judge time.) The fee is required to be waived if, based on competent evidence,the Court finds that the failure to appear is due to circumstances beyond the control of the defendant and through no fault of the defendant. AMC 4.35.030. 20.Forfeiture of Security. This fee covers the cost of providing notice that security posted by the defendant will be forfeited pursuant to the process set forth in ORS 135.280. This process is often combined with a warrant. 21.Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010. The interest on criminal judgments is set by statute. ORS 137.183 &ORS 82.010. The municipal judge may waive all or part of the interest payable on a criminal judgment in accordance with AMC 4.35.030. ORS 137.183(3). Generally,criminal judgments begin to accrue interest on the date the judgment is entered. Criminal judgments bear interest for a period of 20 years after the judgment is entered. 22.Mediation of violation (Court Mediation). [AMC 2.28.190] Ashland Municipal Code specifically authorized the miscellaneous fees and charges page 41 Miscellaneous Fees and Charges page 42 RESOLUTION NO. 2001- A RESOLUTION ESTABLISHING FEES FOR TAXICAB AN SPECIAL VEHICLE OPERATIONS AND REPEALING RESOLUTION 2000-08. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Chapter 6.28 of the Ashland Municipal Code, fees for taxicab, special vehicles and tour bus operations are established as follows: Sign Permit for Tour Bus or Special Vehicle $ 50 (6.28.035.E.2) Annual Tour Bus and S_ pedal Vehicle Permit $ 50 (6.28.035.H) Annual Taxicab Certificate $200 (6.28.060) Taxicab Driver Permit $ 42 (6.28.110.6) Taxicab Driver Renewal Permit $ 20 (6.28.110.E). Renewals for permits expiring on June 30, 2001, shall be issued for a renewal period of one year from the next birthday of the driver, which date shall be considered as the date of issuance for purposes of AMC § 6.28.110.E. Operator Certificate $ 250 (6.28.170.F) SECTION 2. Effective Date. The fees set forth in this resolution shall take effect immediately except for the Taxicab Driver Renewal Permit fee. The renewal permit fee shall take upon the effective date of Ordinance No.-==---,a8( e. SECTION 3. Resolution No. 2000-08 is repealed. This resolution was read by title only in accordance with Ashland Municipal Code §2M PASSED and ADOPTED this V day of r ' 2001. . J Barbara Christensen, City Recorder ca- SIGNED and APPROVED this day of F-e b , 2001. Alan W. DeBoer, Mayor Rev' ed a o form: Paul Nolte, City Attorney RESOLUTION NO. 2007- 3 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 services 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 Chame Per Police _ PD Report Request 10 pages or less $ 12.00 request . 11 pages or more S 15.00 request Public Works Penalty for no Permit Add 50%to established fee Varies occurrence Block Party Street/Sidewalk closure S 56.00 ocaRence Encroachment S 56.00 occurrence ROW Closure Sidewalk S 56.00 occurrence ROW Closure Parking space S 56.00 occurrence ROW Closure Street $ 174.00 occurrence Sidewalk Dining Initial fee $ 250.00 applicetimn Annual renewal $ 31.00 seat Electric Blower Door Leak Test $ 50.00 lest Dud Leak Test $ 50.00 test Community Development Standard Zoning Permit $ 25.00 occurrence Information Technology AFN Retail Rates: AFN Bronze Excludes VoIP Support $ 19.99 month AFN Silver Excludes VoIP Support $ 34.99 month AFN Gold Includes VoIP Support $ 39.99 month AFN Platinum Includes VoIP Support $ 79.99 month AFN Anywhere/Out of Town Rates Charge beyond City limits $ 44.99 month AFN Wholesale Ratas: AFN Bronze Excludes VoIP Support $ 14.99 month AFN Silver Excludes VoIP Support $ 23.99 month AFN Gold Includes VoIP Support S 26.45 month AFN Platinum Includes VoIP Support S 66.45 month Monthly Billing Minimum $ 1.500.00 =nth Static c 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 S 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 specked 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 wyorAshland Mu ' i I C §2.04.0 duly PASSED and ADOPTED this day of 07. Barbara Christensen, City Recorder SIGNED and APPROVED this JJr day of 2007. ZZ n co ' I Jo W. Moms , Mayor e d a for ichard Appicell taut i Attorney RESOLUTION NO. 2008- otol 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 services 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, 2008, and will not be increased within twelve months from date of approval and include: Department Fee Title Method Charge Per City Recorder Copy Fees Black&White LettedLegal Single-Sided $ 0.20 each Copy Fees Black 8 White Letter/Legal Double-Sided $ 0.40 each Copy Fees Black&White Tabloid Single-Sided $ 0.40 each Copy Fees Black 8 White Tabloid Double-Sided $ 0.80 each Copy Fees Color Letter/Legal Single-Sided $ 1.50 each Copy Fees Color Tabloid Single-Sided $ 3.00 each Audio Tapes Citizen provides Blank $ 3.00 each Audio Tapes City provides blank tape $ 5.00 each Processing Fee Liquor License-Temporary $ 10.00 each Liquor License-New $ 100.00 each Liquor License-Change in owner $ 75.00 each Liquor License-Annual Renewal $ 35.00 each Taxicab License-New $ 250.00 each Taxicab License-Annual Renewal $ 100.00 vehicle Lien Searches-Routine $ 20.00 each Lien Searches-Rush $ 30.00 each Fire FireMed Annual Household Fee Annual renewal $ 52.00 household Emergency Medical Service Fee $ 250.00 patient Fire Departemnt Reinspection Fee $ 75.00 reinspection 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, Section 2 and Section 3 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). Resolution transferring appropriations within the 2008-2009 Budget SECTION 6: This resolution was duly PASSED and ADOPTED this day of , 2008, and takes effect upon signing by the Mayor.ff Xi. Barbara Christensen, City Recorder J SIGNED and APPROVED this S day of aaaaz ' 2008. Joh _W. Morrison Mayor ie a to or Richard Appice , City Attorney RESOLUTION NO. 99- 9 A RESOLUTION ESTABLISHING INTERNET AND CABLE TV RATES FOR THE ASHLAND FIBER NETWORK THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached rate schedules(Schedule 2) are adopted as the rates and fees AFN Internet and AFN Television,and service connections provided by the City of Ashland Fiber Network effective with usage on or aRer August 1, 1999. SECTION 2. Installation charges,equipment rental,bulk rates and other charges may be set administratively.To the extent practicable such fees shall be set to recover,over a fiscally prudent period, the incremental cost of providing such service taking into account all costs actually incurred. Nothing in this section or section 1 of this resolution shall preclude AFN staff from (1) temporarily reducing or waiving rates or charges in conjunction with promotional campaigns;or (2)establishing different and nondiscriminatory rates and charges for commercial customers, as well as different nondiscriminatory monthly rates for commercial customers as allowable by federal law and regulations. The foregoing resolution was READ BY TITLE ONLY and DULY ADPPTED at a regular meetin f the City Council of the City of Ashland on the LSday of —, 1999. arbara Christensen,City Recorder SIGNED and APPROVED this L�day of_ �' 1999. Catherine M.Shaw,Mayor Reyi�tved as to fo�j Paul Nolte,City Attorney N:lacctgtelectriclaberlrate reso rV and Internet Resolution 99- Exhibit A Schedule 2 AFN Television Rates _ Base tee Franchise PEG FCC Use In rs amt Total fee eeee Tier Rates Per Month Tier I 55.94 $0.32 $0.60 $0.04 $6.90 $6.90 Tier II(Incremental to Tier I Rate) $3.56 $0.19 $3.75 $10.65 Tier III(incremental to Tier II Rate) $14.72 $0.78 $15.50 $26.15 Tier IIII(Incremental to Tier 91 Rate) $7.95 $0.42 $8.37 $34.52 Premium Rates Per Month Premium Services $7.95- $0.58 $11.53 $10.95 Pay Per View Per Event Price Vanes from$0 to$150 AFN Internet Rates Business Internet Monthly Rate $65.00 $3.41 $68A1 Residential Internet Monthly Rate $15.00 $0.79 $15.79 To: Barbara Christensen City Recorder Resolution 99-29 allows the City to administratively set installation, equipment rental,bulk rates,and other charges for the Ashland Fiber Network.The following is a list of fees and charges that are effective February 1,2000. Approved by ! � I I 2 De Mike Freeman Date Appr d by - W Pete ovr ich Date Apps oovv�eed by 3111 Turner D e AFN Installation and Equipment Costs (NOTE: A 5% franchise fee will be added to the installation and equipment rates shown below). FULL INSTALL.(up to 2 outlets/no previous wiring).................... $39.95* RECONNECT(already has wiring/up to 2 outlets)...................... $23.95** Install additional outlet,same visit.......................................... $10.00 ($10.00 each,above two outlets). Three outlets or more may require House Amp installation. House Amp additional,one-time charge. Additional outlets requiring drilling through concrete,brick,etc.and/or needing extra time because of fishing walls,working in limited crawl space locations and other'non-standard'installations will be charged an Hourly Service Charge plus$10.00 outlet charge.Additional 'non-standard'extra outlet charges will he determined by an AFN technician at time of in home visit. Note:Pre-wired outlets determined by an AFN technician to be damaged by contractor or homeowner,will be charged same install rate as an unwired outlet($18.00,see below). CATV Rates-Effective February 1,2000 Page 1 Install additional outlet, separate visit...................................... $18.00 ($12.50 each if pre-wired. If not pre-wired,$18.00 for first outlet and$10 for each additional outlet,standard installation. House Amp may be required).Additional outlets requiring drilling through concrete,brick,etc.and/or needing extra 6mE because of fishing walls,working in limited crawl space locations and other'non-standard' installations will be charged an Hourly Service Charge plus outlet charge.Additional'non-standard'extra outlet charges will be determined by an AFN technician at time of in home visit. Note: Pre-wired outlets determined by an AFN technician to be damaged by contractor or homeowner,will be charged_same install rate as an unwired outlet($18.00). Hourly Service Charge......................................................... $29.95 Truck Roll Charee............................................................... $12.00 (Trouble calls,non-AFN related.equipment retrieval,etc. SEE BELOW for other Truck Roll charges). ADDITIONAL AFN CHARGES Connect a VCR(initial visit)...................................................................... No charge Install AB switch(initial visit)................................................................... No charge ($10 charge for AB switch. AB switch required for Digital Box and VCR hook-up/recording) Install AB switch(separate visit).................._..............._.._....................... $12.00 (plus$10.00 charge for A/B switch. AB switch required for Digital Box and VCR hook-up/recording) Install House Amp(initial visit...one-time charge)...............................................$35.00 Install House Amp(separate visit...Amp is one time,$35.00 charge plus Hourly Service Charge for installation)............................................................................. STBD on premises Digital Upgrade(any service level requiring an AFN Digital Converter)..................... $23.95 Digital Converter Box/Remote on Extra Outlet................................................. $ 3.30 per month Standard.Converter/Remote(for non-cable-ready TV's).........._............................ $ 1.80permonth Unreturned Digital Converter Box and Remote Control............... $300 (Box $290,Remote Control $10) -Full Install is any customer's residence 150 feet or less from AFN's plant. Any AFN customer further than 150 feet from our plant will require a Service availability evaluation(there is no charge for this service)by an AFN field representative. Install charges plus materials will be quoted to customer following this evaluation. Underground installs requiring trenching and conduit may also require a Service Availability evaluation by an AFN technician prior to quoting an install rate and scheduling an installation appointment. '•A Reconnect is any customer already wired for AFN cable TV/internet moving from one location to another or any customer having the incumbent provider's(Charter Communications)cable TV or internet who connects to AFN's service. If customer reconnecting does not utilize existine outlets. Extra Outlet charges will apply and are additional. Underground installations may not apply for initial AFN reconnect fee(i.e.—a customer switching from incumbent provider's Internet/cable services to AFN services). An AFN technician will determine charges with a Service Availability evaluation. 2 CITY OF ASHLAND Council Communication Renewal of Ashland Gun Club Lease Meeting Date: July 19, 2011 Primary Staff Contact: Megan Thornton Department: Legal E-Mail: thomtm @ashland.or.us Secondary Dept.: Public Works Secondary Contact: Mike Morrison Approval: Martha Bennett �Qcp Estimated Time: 30 minutes Question: Does the Council wish to approve an order authorizing a lease of real property to the Ashland Gun Club? Staff Recommendation: Staff recommends approval of an order and execution of the lease. Background: The Ashland Gun Club (Gun Club) has been leasing approximately 32 acres of the 65 acres the City owns in that area to use as a gun club facility since at least 1968. The Gun Club provides pistol, rifle, bow and arrow, and shotgun facilities. The current Gun Club Lease expired in June 2009. The Council authorized a one year extension in 2009 and 2010, and a three month extension earlier this year. The current extension will expire on August 31, 2011. This lease has been in negotiation since the Gun Club presented a proposed lease to the City in June of 2007. On June 16, 2008, the gun club lease was discussed at a Council Study Session, and on July 15, 2008, staff proposed a lease to the Council that incorporated modifications. At the July 2008 Council Meeting, the Council made additional changes to the lease and those changes were reviewed by the Council at its meeting on August 5, 2008. However, many of the changes made by Council substantially changed the lease terms that the Gun Club had approved prior to the July 15`h meeting. In addition, the Council decided to undertake the environmental assessment before entering into a long term lease with the Gun Club. At the conclusion of the environmental assessment the City reevaluated the lease and its terms and began renegotiating a lease with the Gun Club. Draft Lease Terms: Staff has modified the draft lease in an attempt to incorporate feedback received from the study session from the Council, gun club members, and neighboring property owners. The term of the lease is a major concern for the Gun Club because if they cannot demonstrate that they will have use of the property for at least 10 years, the Gun Club will not be eligible for many available grants. Therefore, the term of the lease proposed is 10 years with the ability to renew the lease each year from 2021 to 2025 for an additional ten year term. If all extensions are granted, the maximum possible term is 25 years. The lease also contains two types of provisions that have been discussed at length as important aspects of the lease: 1) good neighbor issues, and 2) environmental issues, such as lead clean-up. The good neighbor issues that are addressed in the lease include things such as: • Limiting hours of operation in section 4.2(1); • Limiting the types of weapons that can be fired in section 4.2(4); Pagel of 3 I`, CITY OF ASHLAND • Providing notice to neighbors for unusual uses, such as night training for police or military; and • Limiting access to the property. The environmental issues that are addressed in the lease include: • Limitations on hazardous wastes in section 4.3; • Development of an Environmental Stewardship Plan that specifies prevention, strategies as well as remediation strategies in section 4.4(2); • Lead remediation and removal pursuant to a Schedule in section 4.4(3); • Completion of a lead distribution study by the City in section 4.4(3); and • Protection of the Riparian Corridor in section 4.6, which includes completing a lead distribution study and surface water-testing. In May 2011, the Gun Club suggested changes to be made to the draft of the lease that was before the Council in March 2011. The following changes were made to the lease: • Definitions for lead, remediation, and Resource Conservation and Recovery Act were added; • The National Forensic Laboratories, National Guard, and Reserve Units were added as agencies that can utilize the property after sunset in section 4.2(1)(a); • The agency utilizing the property after sunset must notify nearby property owners if the session is scheduled so that providing notice in the Gun Club Newsletter is not possible in section 4.2(1)(a); • Three of the holidays for which the property will be closed are listed in section 4.2(2); • The number of overnight events has been increased to two to allow one for archery in section 4.2(6); • Section 4.2(7) has been modified to make it clear that lead can be excavated by the Gun Club; • The riparian zone can be protected or removed from the leased property in section 4.6; and • The lease clarifies the Oregon Department of Environmental Quality will determine the appropriate permissible level of lead allowed on the property in section 12.3. Land Use Issues: It is important to be aware that the City property that the City leases to the Gun Club is outside of city limits and the urban growth boundary. It is zoned as Open Space Reserve (OSR) by the county and it is surrounded by properties that are zoned for Exclusive Farm Use (EFU). This designation would limit the Council's ability to utilize the property if it chose not to renew the Gun Club lease. Related City Policies: None Council Options: 1) Approve an order authorizing the proposed lease of real property. 2) Decline to renew the lease agreement. Potential Motions: (1) Move to approve an Order of the City Council authorizing the lease of real property to the Ashland Gun Club. (2) Move to continue the matter to [date certain]. Page 2 of 3 �r, CITY OF ASHLAND Attachments: • Revised Lease Agreement with attachments • Existing Lease Agreement—June 1, 1994 to June 1, 2009 • Study Session Council Communication for June 16, 2008 —attachments available online • Documents submitted at March 1, 2011, Council meeting • Documents submitted on July 11, 2011 • Documents submitted on July 13, 2011 Page 3 of 3 11VALI, ASHLAND GUN CLUB LEASE AGREEMENT THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as Lessor, and the ASHLAND GUN CLUB, INC., hereinafter referred to as Lessee. Whereas, Lessor is the owner of certain real property located in Jackson County, Oregon; and Whereas, the Lessor has formally leased the Property to Lessee since 1968 so that the Lessee could use the property as a shooting range and Ashland Gun Club facility; and Whereas, the current lease has been in effect since 1994 and it expired on May 30, 2009; Whereas, the Lessee has been allowed to continue leasing the property on a month-to-month basis until May 30, 2011, to allow for lease negotiations and completion of environmental testing; and Whereas, the Lessee would like to be eligible for grants from the State of Oregon and Federal agencies that provide funds for Hunter/Shooter Safety training, range improvements, lead abatement and other programs; and Whereas, many grant programs require applicants to have remaining lease periods of ten years or more; and Whereas, the Lessor wishes to enter into a new lease that will further the public interest by meeting grant requirements, requiring lead remediation, and establishing conditions and restrictions on the use of the Property that will address the concerns of abutting property owners and the City. NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS. The following definitions shall apply to this document: (1) Agreement: this document, entitled Ashland Gun Club Lease Agreement, and any exhibits incorporated herein. (2) Alterations: include the addition or removal of any buildings, sheds, structures, or the installation of any utilities, pipes, wiring, cables, and conduit on the Property. (3) Automatic Weapons: a firearm that reloads itself and continues to fire until the trigger is released. (4) Bodily Injury: any damage to a person's physical condition including pain or illness, including but not limited to, an injury resulting in death. (5) Effective Date: July 1, 2010, the date this Agreement will take effect. (6) Emergency: any human caused or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss that is declared an emergency pursuant to AMC 2.62, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil or hazardous material, contamination, disease, blight, infestation, civil disturbance or riot. Ashland Gun Club Lease Agreement Page 1 of 12 (7) Environmental Law: any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety, or the environment. (8) Hazardous Waste: any hazardous, toxic, infectious, or radioactive substance, waste, or material as defined or listed by the Resource Conservation and Recovery Act or any other Environmental Law and shall include, without limitation, petroleum oil and its fractions. (9) Lead: A component of bullets, shot, and other firearm projectiles that is used for its' intended purpose on a shooting range. (10) Lessee: Ashland Gun Club, Inc. (l l) Lessor: the City of Ashland. (12) Premises: the Property described on Exhibit A (except for remnants, structures and areas with historic significance, including, Pompadour Springs, all pipes, facilities and sources for obtaining Lithia water and all features marked on Exhibit C) and any alterations or improvements constructed by Lessee. (13) Propert y: certain real property located in Jackson County, Oregon, and described fully in Exhibit A, attached hereto and incorporated herein by this reference. (14) Remediation: A means of reducing the quantity of Lead on the Premises by using reclamation to collect Lead from the ground that is distributed on the property or imposing other technologies, techniques or strategies to reduce Lead on the Premises. Remediation shall occur while the lease is in effect and does not require the complete removal of Lead from the Premises. (15) Resource Conservation and Recovery Act: The Solid waste Disposal Act promotes the protection of health, the environment and the conservation of valuable material and energy resources by providing for the promulgation of regulations for solid waste collection, transport, separation, recovery, and disposal. (16) Sunset: the setting or descent of the sun below the horizon in the evening as determined by the Astronomical Applications Department of the United States Naval Observatory. 2. LEASE OF PROPERTY AND TERM OF LEASE. 2.1. Agreement to Lease. In consideration of the rent to be paid and covenants to be performed by Lessee under this Agreement, Lessor hereby agrees to lease the Property to Lessee, and Lessee agrees to lease the Property from Lessor on the terms and conditions set forth in this Agreement. 2.2. Original Term. The term of this lease shall be for a period of fifteen years, commencing on the Effective Date and the lease may be extended after expiration of the first 10 years in accordance with Section 2.3, unless terminated earlier as provided in this Agreement. 2.3. Extension Option. If the Agreement is not in default after the first ten years of the lease term has elapsed, the lease shall operate as follows: (1) Method of Extension; Lease Term. After the initial ten years of the lease has elapsed on June 30, 2021, the lease must be extended each year for the remainder of the lease term by giving written notice to Lessor at least ninety(90) days before June 30th starting in the year 2021. Each of the extension terms shall commence on July 1 st (the day following expiration of the preceding year) and shall continue for ten years. (See Table below). Giving such Ashland Gun Club Lease Agreement Page 2 of 12 notice shall be sufficient to make the Agreement binding for a renewal term of ten years unless the Lessor objects to the renewal request. (2) Rejection of Extension Request. The Lessor may reject Lessee's request to extend and renew the lease by providing written notice to the Lessee that the extension request will not be accepted within forty-five (45) days of receipt of the extension request from the Lessee. Failure to respond within 45 days of receipt of the extension request indicates that the Lessor accepts the renewal of the lease. (3) Adjustment of Rent Provision. The Lessor shall have the opportunity to adjust the rent established by this Agreement in section 3 once every three (3) years, starting in 2021. (See Table Below.) All other terms of this Agreement shall remain the same. March 30, 2021* July 1, 2021 June 30, 2032 March 30, 2022 July 1, 2022 June 30, 2033 March 30, 2023 July 1, 2023 June 30, 2034 March 30, 2024* July 1, 2024 June 30, 2035 March 30, 2025 July 1, 2025 June 30, 2036 * = years the rent terms may be reviewed. Section 2.4. Emergency Termination. In the case of an Emergency the Lessor may immediately terminate the lease and take possession of the Premises. If the Lessor exercises this right, the Lessor assumes all obligations of any grants and any obligations associated with any environmental assessments and/or any management plan adopted pursuant to Section 4.6 that Lessee has incurred due to this lease. In addition, Lessee will not be required to return the Premises to its original condition if the Lessor exercises this right. 3. RENT AND OTHER CONSIDERATION. 3.1. Rent. All taxes, insurance costs, utility charges, and other costs that Lessee is required to pay by this Agreement, and any other sums that Lessee is required to.pay to Lessor or third parties shall be considered rent. 3.2. Required Community Events. (1) Sighting-In Weekend. The Lessee shall provide access to its shooting ranges, during normal operating hours, free of charge for one weekend prior to the regular deer and elk hunting seasons as published in the Oregon Big Game Regulations by the Oregon Department of Fish and Wildlife. Lessee shall also provide Range Officers and other assistance as necessary to enforce regulations, safety and otherwise, during the weekend. (2) Community Open House Weekend. The Lessee shall provide access to the Premises during normal operating hours for all neighbors and community members at least one weekend per year to explain the programs and opportunities provided by the Lessee. Lessee may provide the opportunity for visitors to fire weapons on the range under strict control of the Lessee's Range Officers. (3) Historic Day. Lessee shall provide access to the Property for all neighbors and community members during normal operating hours for at least one day per year in which the shooting ranges will be closed to shooting. During the event activities will be focused on the historic importance of the site. Ashland Gun Club Lease Agreement Page 3 of 12 4. USE OF PREMISES. 4.1. Permitted Use. The Premises shall be used as a firearms training facility that provides indoor and/or outdoor facilities that allow the use of rifles, pistols, shotguns, and archery equipment. A number of facilities are already present on the facility and Lessee shall have the rights to such facilities. The Lessee shall have the right to construct such facilities as are normally associated with such use, including, but not limited to, ranges, berms, targets, target sheds, club buildings and parking lots, with the approval of Lessor and Jackson County. 4.2. Restrictions on Use. (1) Hours of Operation. Lessee shall post the hours of operation for the shooting ranges with a phone number where a responsible party can be reached. The hours of operation for the shooting ranges shall be: Monday through Friday from 8AM to 8PM or Sunset, whichever is earlier, and Saturday and Sunday from 9AM to 8PM to Sunset, whichever is earlier. (a) EXCEPTION. The Ashland Police Department, National Forensic Laboratories, National Guard, and Reserve Units may utilize the shooting ranges outside of the standard hours of operation for specialized training by having the Ashland Gun Club provide notice of specialized training sessions in its newsletter and to the Lessor in accordance with Section 13.3 at least thirty(30) days before the training session. If a training session is scheduled after the monthly newsletter is published, or so that the newsletter will not be received in time to give nearby property owners adequate notice, the Ashland Police Department, National Forensic Laboratories, National Guard, or the Reserve Units holding the training must notify nearby property owners of the event by other means at least two weeks before the event. Lessee agrees to provide contact information for nearby property owners to these agencies if requested. (2) Holiday Closures. The Lessee shall close the Premises completely for four holidays each calendar year. The four dates for which the Premises will be closed to all shooting activity will be listed in the first Gun Club Newsletter of each calendar year, but at a minimum will include Easter, Thanksgiving, Christmas, and one additional holiday selected by Lessee. (3) Areas not Subject to Permitted Use. Lessee shall not be permitted to use the pipes and access points for Lithia water, the remnants of historic buildings or structures, or the remnants of Pompadour Springs. The Lessor retains all rights to use and maintain areas of historic significance on the Property without interfering with scheduled events and uses of Lessee. (4) Firearm Restrictions. The following firearms shall not be used on the shooting ranges: (a) Firearms that exceed 6000 foot-pounds of muzzle energy; and (b) Automatic Weapons, unless the weapon is being fired in a standard or semi- automatic mode. (5) Shotgun Ranee. Lessee may be required to reorient the shotgun range, discontinue skeet or trap shooting, or install mitigating measures, such as a shot curtain, to prevent harm to wetlands and other properties affected by shot distribution if necessary pursuant to the Lead distribution study completed by Lessor. (6) Overnight Events. Lessee shall only be permitted to have two (2) overnight event per calendar year in which participants stay overnight for a multiple day event on the Premises. The hours of operation for the shooting ranges must be strictly complied with during the course of the event. Ashland Gun Club Lease Agreement Page 4 of 12 (7) Removal of Minerals and Gravel. Lessee shall not relocate or remove any minerals, rock, gravel or soil on or from the premises without the permission of the Lessor, except for the excavation and reclamation of Lead from the berms and ranges, which shall be done on a periodic basis in accordance with Section 4.4. 4.3. Hazardous Waste. Lessee may use or otherwise handle only those Hazardous Wastes typically used or handled in the prudent and safe operation of the use specified in section 4.1. Lessee shall refrain from causing Hazardous Wastes to be spilled, leaked, disposed of or otherwise released on or under the Property. Lessee may store such Hazardous Wastes on the Property only in quantities necessary to satisfy Lessee's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Wastes and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Wastes used, handled, or stored on the Property. 4.4 Lead Remediation. (1) Range Design and Best Management Practices. Lessee, in coordination with Lessor, shall hire a range designer to evaluate the premises and specify specific range management practices to implement with recommended deadlines in an Environmental Stewardship Plan (Plan), which shall be attached as Exhibit E upon completion. (2) Environmental Stewardship Plan. Lessee, in coordination with Lessor, will develop and adopt a management plan, also known as an Environmental Stewardship Plan, that, at a minimum, identifies remediation, prevention, and control strategies for Lead within 18 months of lease signing. All range management practices must comply with the Environmental Protection Agency's most current version of the Best Management Practices for Lead at Outdoor Shooting Ranges (EPA's Best Practices) to minimize and manage Lead contamination of the Premises. All requirements of the Plan shall be binding on Lessee. Lessee shall comply with the terms and timelines of the Plan developed as a result of the range designer's assessment and Lessor's environmental assessment and studies. Failure to develop the Plan shall constitute grounds for termination. (3) Lead Removal. Lessee currently conducts periodic Lead reclamation and recycling on the Premises. Lessee agrees to comply with the Lead Remediation & Removal Schedule (Schedule) that will be attached as Exhibit F at the conclusion of the Lead distribution study completed by Lessor. Lessee agrees to remove Lead as required by the Schedule in accordance with all applicable laws to minimize and manage Lead on the property. If the existence of Lead at any time in the future warrants testing and/or removal by requirement of environmental law, Lessor and Lessee agree to share the cost equally. On , the expiration or termination of this Agreement, Lessee shall remove, at its own expense, all Lead from the Property that exceeds permissible levels, as identified in the Oregon Department of Environmental Quality's regulations for the potential uses of the property pursuant to a beneficial use determination or equivalent study. (4) Financial Security. Beginning in 2021, Lessor shall have the right to require Lessee to post financial security for environmental clean-up of the site related to the Gun Club's use as a condition of an extension under Section 2.3. Each year an extension is granted Grantee may be required to post at least a proportion of the total amount deemed necessary to perform Lead removal on the site. The amount and the form of the financial security must be approved by the Lessee, Finance Director, and City Attorney. It is the intention of the Lessor and Lessee that grants and other environmental remediation programs during the tern of the Agreement will either reduce the amount of security or Ashland Gun Club Lease,Agreement Page 5 of 12 make posting financial security unnecessary. However, if Lessee is more than six months late in complying with the Schedule or the Plan, Lessor can require Lessee to post financial security. 4.5. Compliance with Laws. Lessee shall, at Lessee's own cost and expense, comply with all federal, state, and local statutes, ordinances, regulations, rules and requirements, relating to Lessee's use and occupancy of the Property. This Lease does not authorize any use of the Property in violation of applicable land use laws and regulations. 4.6. Environmental Assessment/ Riparian Corridor. The Lessor and the Lessee agree to complete additional testing recommended by the Oregon Department of Environmental Quality, including a lead distribution study and surface water testing, by January 31, 2012. At a minimum the lead distribution study shall: 1) determine the distribution of Lead on the premises and surrounding areas, 2) determine the volume of impacted soil, and 3) develop feasible remediation options that include time frames, costs, and ongoing monitoring and removal for the entire Property and other affected properties. The Lessee shall abide by the Water Resources Protection Chapter of the Ashland Municipal Code, including all prohibitions against alterations in the riparian corridor. If Lead is discovered in the riparian zones, then a plan will be developed to be approved by the Community Development Department Director that will address Lead removal, disposal, and restoration of the riparian zones. After any required Lead abatement is complete in the riparian area, Lessee will prevent future contamination of the riparian zone according to the Plan, and the riparian area will be protected, or removed from the leased premises by formal amendment at the discretion of the Lessor. 5. MAINTENANCE, REPAIRS AND RESTORATION. 5.1. Lessor's Obligations. Lessor shall be under no obligation to make or perform any repairs, maintenance, replacements, alterations, or improvements on the Property except for repairs and maintenance of the Lithia Springs Water facilities and other historic areas on the Property, including any existing lines or new lines that need to be installed to maintain Lessor's access to Lithia water, and maintenance of the riparian zones marked on Exhibit D. Lessor retains the right to adopt and institute a historical resource management plan for the benefit of historic areas marked on Exhibit C. Lessor will assume responsibility for any environmental clean-up that is required if the environmental assessment shows that there is contamination that is not the result of Lessee's activities. 5.2. Lessee's Obligations. Lessee shall be responsible for: (1) Repairs and maintenance of the boundary fence of the Property and Lessor's adjacent property described in Exhibit B. (2) Any repairs necessitated by the negligence of Lessee, its agents, employees, and invitees. (3) Any repairs or alterations required under Lessee's obligation to comply with laws and regulations as set forth in Section 4.4. (4) Any relocation or reorientation of Lessee's facilities that is required to allow for future construction, protection, and safe use of the Bear Creek Greenway. (5) The removal of Lead and Lead contamination from the Property that exceeds permissible levels, and payment for such removal as long as the Lead contamination is caused by Lessee's activities. Lessor acknowledges that Lead may be recycled and reused and that it may have value as a "scrap metal." Ashland Gun Club Lease Agreement Page 6 of 12 5.3. Lessor's Interference with Lessee. In performing any repairs, replacements, alterations, or other work performed on or around the Property, Lessor shall not cause unreasonable interference with use of the Premises by Lessee. Lessee shall have no right to an abatement of rent nor any claim against Lessor for any inconvenience or disturbance resulting from Lessor's activities performed in conformance with the requirement of this provision. 5.4. Lessee's Duty to Restore Premises. If at any time during the term of this Agreement, any improvements now or hereafter on the Premises are destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of Lessor, this Agreement shall continue in full force and effect. In such event, Lessee shall have the option of either causing the damaged or destroyed improvements to be removed from the Premises or, alternatively, Lessee may repair and restore the damaged improvements. In the event that Lessee causes the damaged or destroyed improvements to be removed from the Premises, Lessee may, at Lessee's discretion, cause replacement structures to be erected on the Premises. 6. OWNERSHIP OF ALTERATIONS. 6.1. Alterations Prohibited. Lessee shall not make Alterations or improvements on the Premises without first obtaining Lessor's written consent, and Lessor's consent will not be unreasonably withheld. All Alterations shall be made in a good and workmanlike manner, and in compliance with all laws and building codes. 6.2. Ownership and Removal of Alterations. Title to all Alterations or improvements, existing or hereafter constructed on the Premises by Lessee shall be and remain the property of Lessee and may be removed by Lessee at expiration of this Agreement. In the event that Lessee fails to remove any Alteration located on the Premises at the expiration of this Agreement, then such Alteration shall be and become the property of Lessor. However, Lessor may elect to remove such Alterations and charge the expense of such removal, and the physical damage resulting from the removal, to Lessee. In the event Lessor elects to remove the Alterations, Lessor shall make its election within 60 days after expiration or termination of this Agreement and shall notify Lessee of any such election. 7. INSURANCE; INDEMNIFICATION; LIENS 7.1. Liability Insurance. Lessee, at its sole cost and expense, commencing on the Effective Date, and continuing during the lease term, shall procure, pay for and keep in full force and- effect comprehensive commercial general liability policy(occurrence version) in a responsible company with coverage for Bodily Injury and property damage liability, personal and advertising injury liability, blanket contractual liability, contractual liability for obligations assumed under this Agreement, and medical payments with a general aggregate limit of not less than $2,000,000 per occurrence for combined single limit bodily injury and property damage claims, or$500,000 per occurrence for bodily injury and $250,000 per occurrence for property damage. Such insurance shall cover all risks arising directly or indirectly out of Lessee's activities on the Property or any condition of the Property. Such insurance shall name Lessor as an additional insured. Certificates evidencing such insurance and bearing endorsements requiring 10 days written notice to Lessor before any change or cancellation of the policy shall be furnished to Lessor before Lessee's occupancy of the property. 7.2. Indemnification. To the fullest extent permitted by law, Lessee shall indemnify, defend, and hold Lessor harmless from, and reimburse Lessor for, any cost, claim, loss, Bodily Injury (including injury resulting in death), or liability that is suffered directly or from a third-party Ashland Gun Club Lease Agreement Page 7 of 12 claim arising out of, or related to: 1) any activity of Lessee, or any agent, contractor, servant, invitee, licensee or employee of Lessee on the Property, 2) any condition of the Property in the possession or under the control of Lessee, 3) an act or omission of Lessee or any agent, contractor, servant, invitee, licensee or employee of Lessee, or 4) any failure by Lessee to perform all of its obligations under environmental laws, including any failure to perform during Lessee's previous occupation of the Property, or 5) any breach by Lessee under this Agreement. Lessor shall have no liability to Lessee for any injury, loss, or damage caused by third parties, or by any condition of the Property, unless it is caused in whole or in part by Lessor's negligence. This obligation to indemnify shall survive termination of the lease and include reasonable attomeys' fees, including attorneys' fees on appeal, and investigation costs and all other reasonable costs, expenses and liabilities incurred by Lessor or its attorney from the first notice that any claim or demand is to be made or may be made. In case that an action or proceeding is brought against Lessor because of such claim, Lessee, upon notice from Lessor, agrees to defend such action or proceeding by hiring counsel reasonably satisfactory to Lessor. 7.3. Liens. (1) Except with respect to activities for which Lessor is responsible, Lessee shall pay as due all claims for work done, services rendered, or materials furnished to the Property, and shall keep the Property free from any liens. If Lessee fails to pay any such claims or to discharge any lien, Lessor may do so and collect the cost as additional rent. Such action by Lessor shall not constitute a waiver of any right or remedy which Lessor may have on account of Lessee's default. (2) Lessee may withhold payment of any claim in connection with a good-faith dispute over the obligation to pay, as long as Lessor's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within 10 days after knowledge of the filing, secure the discharge of the lien or deposit with Lessor cash or sufficient corporate surety bond or other surety satisfactory to Lessor in an amount sufficient to discharge the lien plus any costs, attorney fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. 8. TAXES; UTILITIES. 8.1. Payment of Taxes. Lessee shall pay all real property taxes and special assessments levied upon the leased Property during the term of the Agreement. Lessee shall not cause any liens or encumbrances to be imposed upon the leased Property and if any lien or encumbrance is imposed upon such Property, Lessee shall proceed to remove the lien or encumbrance immediately. 8.2. Proration of Taxes. Lessee's share of real property taxes and assessments for the years in which this Agreement commences or terminates shall be prorated based on the portion of the tax year that this Agreement is in effect. 8.3. Utilities. Lessee agrees to pay or cause to be paid all utilities utilized in connection with the Property during the term of this Agreement. 9. REPRESENTATIONS. 9.1. Lessor's Warranty. Lessor warrants that it is the owner of the Property and has the right to lease it free of all encumbrances. Lessor will defend Lessee's right to quiet enjoyment of the Property from the lawful claims of all persons during the lease term. Ashland Gun Club Lease Agreement Page 8 of 12 9.2. Lessee's Warranty. Lessee warrants that it has the power to enter into this Agreement and that Lessee will abide by all of the terms and conditions of this Agreement. 10. ASSIGNMENT AND SUBLEASING. No part of the Property may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the Property be conferred on any third person by any other means, without the prior written consent of Lessor. This provision shall apply to all transfers by operation of law. No consent in one instance shall prevent this provision from applying to a subsequent instance. Lessor may withhold or condition such consent in its sole and arbitrary discretion. 11. DEFAULT. 11.1. Default in Other Covenants. If Lessee fails to comply with any term or condition or fulfill any obligation of this Agreement within 20 days after written notice from Lessor specifying the nature of the default with reasonable particularity, the Lessee shall be held to have breached the terms of this Agreement. If the default is of such a nature that it cannot be completely remedied-within the 20-day period, then Lessee will not be found in default as long as Lessee begins correction of the default within the 20-day period, and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 11.2. Abandonment. Failure of Lessee to occupy the Premises for 90 days or more shall result in default unless the Lessor consents to the absence in writing. 12. REMEDIES ON DEFAULT. 12.1. Termination. In the event of a default, the Agreement may be terminated at the option of Lessor by written notice to Lessee. Whether or not the Agreement is terminated by the election of Lessor or otherwise, Lessor shall be entitled to recover damages from Lessee for the default, and Lessor may reenter, take possession of the Property. Lessor may remove any persons or property by legal action or by self-help with the use of reasonable force, without liability for damages, and without having accepted a surrender. 12.2. Damages. In the event of termination or retaking of possession following default, Lessor shall be entitled to recover immediately, without waiting until the due date of any future rent or until the date fixed for expiration of the lease term, the following amounts as damages: (1) The loss of rent from the date of default until a new Lessee is, or with the exercise of reasonable efforts could have been, secured for the Property. (2) The reasonable costs of reentry and re-letting including without limitation the cost of any cleanup, refurbishing, removal of Lessee's property and fixtures, costs incurred, or any other expense occasioned by Lessee's default including but not limited to, costs of environmental studies, assessments, and clean-up associated with the remediation of Lead on the Property, any remodeling or repair costs, attorney fees, court costs, broker commissions, and advertising costs. 12.3. Condition of Property. (1) On expiration of the lease term, or earlier termination on account of default, Lessee shall deliver all keys to Lessor and surrender the Property free from all Lead and Lead contamination in excess of permissible levels, as determined by the Oregon Department of Environmental Quality, at its own expense. Alterations constructed by Lessee with permission from Lessor shall not be removed or restored to the original condition unless the terms of permission for the Alteration so allow. Depreciation and wear from ordinary Ashland Gun Club Lease Agreement Page 9 of 12 use for the purpose for which the Property is leased shall be excepted, but repairs for which Lessee is responsible shall be completed by the latest practical date before such surrender. (2) All Alterations, improvements and fixtures placed on the Premises during the lease term, other than Lessee's trade fixtures, shall be removed in accordance with Section 6.2. If Lessee fails to remove such fixtures, Lessor may do so and charge the cost to Lessee with interest at the legal rate from the date of expenditure. (3) Before expiration or other termination of the lease term, Lessee shall remove all furnishings, furniture, and trade fixtures that remain its property. If Lessee fails to do so, this failure shall be an abandonment of the property, and Lessor may retain the property and all rights of Lessee with respect to it shall cease or, by giving written notice to Lessee within 20 days after removal was required, Lessor may elect to hold Lessee to its obligation of removal. If Lessor elects to require Lessee to remove, Lessor may effect a removal and place the property in public storage for Lessee's account. Lessee shall be liable to Lessor for the-cost of removal, transportation to storage, and storage, with interest at the legal rate on all such expenses from the date of expenditure by Lessor. 12.4. Remedies Cumulative. The rights and remedies of Lessor under this Agreement upon a breach thereof by Lessee are not exclusive and Lessor shall have all rights and remedies allowed under applicable law in addition to the rights and remedies contained in this Agreement. 13. MISCELLANEOUS PROVISIONS. 13.1. Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not waive or prejudice the party's right to require strict performance of the same provision or any other provision in the future. Lessor's acceptance of Lessee's failure to perform an obligation required annually under this Agreement, such as payment of taxes or hosting of the community events in Article 3, shall not affect Lessor's remedies for failure to perform such other obligations. 13.2. Attorneys' Fees. If any litigation is commenced between the parties to this Agreement concerning the Property, this Agreement, or the rights and duties of either party, the prevailing party in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum for that party's attorneys' fees, including attorneys' fees on appeal. The amount of the fees shall be determined by the court in that litigation or in a separate action brought for that purpose. 13.3. Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to a party of this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party, any managing employee of the party, or, in lieu of personal service, when deposited in the United States mail, first class postage prepaid, addressed to the appropriate party as follows: LESSOR LESSEE City of Ashland . Ashland Gun Club 20 E. Main St. P.O. Box 953 Ashland, OR 97520 Ashland, OR 97520 13.4. Governing Law. This Agreement, and all matters relating to this Agreement, shall be Ashland Gun Club Lease Agreement Page 10 of 12 governed by the laws of the State of Oregon in force at the time any need for interpretation of this Agreement or any decision or holding concerning this Agreement arises. 13.5. Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 13.6. Entry for Inspection. Lessor shall have the right to enter on the Property at any time to determine Lessee's compliance with this Agreement or to make necessary repairs to the Property. Whether or not such inspection is made, the duty of Lessor to make repairs shall not mature until a reasonable time after Lessor has received written notice from Lessee of the repairs that are required. In addition, Lessor shall have the right, at any time during the last twelve months of the term of this Agreement, to place and maintain on the Property notices for leasing or selling of the Property. 13.7. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. 13.8. Entire Agreement. This Agreement and its attachments constitute the sole and only agreement between Lessor and Lessee respecting the leasing of the Property to Lessee. Any agreements or representations respecting the Property, their leasing to Lessee by Lessor, or any other matter discussed in this Agreement not expressly set forth or incorporated into this Agreement are null and void. 13.9. Recording of Agreement. Lessor and Lessee may execute a memorandum of this Agreement, which shall be recorded in Jackson County, Oregon. The Memorandum of Lease shall describe the parties, set forth a description of the Property, specify the term of the Agreement and incorporate this Agreement by reference. 13.10. Holdover by Lessee. If the Lessee does not vacate the Property at the time required, the Lessor shall have the option to treat the Lessee as a Lessee from month to month, subject to all provisions of this lease except the provision for term. 13.11. No Partnership or Joint Venture. Nothing in this Agreement shall be construed to render the Lessor in any way or for,any purpose a partner,joint venturer, or associate in any relationship with Lessee other than that of Lessor and Lessee, nor shall this Agreement be construed to authorize either party to act as agent for the other. 13.12. Extraterritorial Regulation. Nothing in this Lease shall interfere with the legislative authority of Lessor under ORS 226.010 or any other provision of state law. 13.13. Non-appropriation. Notwithstanding any other provision of this Agreement to the contrary, in the event that insufficient funds are appropriated for any obligation of the Lessor hereunder and the Lessor has no other lawfully available funds, then Lessor may terminate this Agreement at the end of its then current fiscal year and Lessor shall not be obligated to make subsequent payments under this agreement and this agreement shall terminate. Lessor agrees to deliver notice to Lessor of such termination within ten (10) business days from the determination by Lessor. Ashland Gun Club Lease Agreement Page I 1 of 12 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. LESSEE: President, Ashland Gun Club, Inc. Date ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this lease as set forth above. LESSOR: Mayor, City of Ashland Date Ashland Gun Club Lease Agreement Page 12 of 12 LEASE Lease between the City of Ashland,by and through its Parks and Recreation Commission, ('Lessor')and Ashland Gun Club, Inc. Messeel RECITALS: A. On July 27, 1983 Lessor and Lessee extended a sublease on certain property owned by Lessor outside the City of Ashland. This sublease was extended for a Lean expiring March 31, 1998. B. Lessee desires an extension beyond 1998 and the Parties have determined that the tiest method lo whlch to accompYSh this extension is to enter hto a new lease and (e ssee.te what leases,subleases end a#enslons#het may mist between Lessor and Lessee. Lessor and Lessee agree: 1. Termination of previous leases and subleases. Arry lease sublease or extension In effect prior to the date Of this lease I chiding lxt not limited to a lease -dated,May 21, 1968;a document abided-Sublease.dated December 16, 1969; a document entitled•MOdik8don of lease dated December 16, 1969;a dnalnlent entitled'Subleese'dated March 30, 1978; a document entitled'Extension of Lease- dated November to, 1978;a document arthUed'Extension of Wyse.dated March 30, 1983, and a document snuffed BdenslOn of Lease'dated July 27, 1983 between Lessor and Lessee concerning the Prop"described in paragraph 2 Is temminated effective June 1, 1994. 2 1)98""On of Property. Lessor leases to Lessee on the following teams and OS WOW"i described hm the eaadmed EtdQ*A and referred to in this lease terrrm. property. Uttess from the oonte#a different meaning Is Intended,the Property'refers to unimproved real property, and the term the real Property and any improvements located Or constructed 'Premises'refers to lease. Lessor reserves from INS lease: d�mg the term Of this 21. Little Springs water Or water facilities Indudvg existing and new Imes which the Lessor shaft have the right to Install at such places as I deems advisable. 2.2- The right to remove any rock or gravel from the premises. No rock or gravel shall be removed except after consulting with the Lessee as to the appropriate areas to remove rock in order to attempt to miNmize any impahmem of the Inure development of the property by Lessee. Lessor shall make no use Of Its adjoining property that unreasonably interferes with regularly scheduled events and uses Of Lessee on the leased property. PAGE 1-LEASE 3. Term, The term of this lease is 15 years commencing on June 1 1994 and terminating 15 years from such date. It is the desire of the Lessor to encourage the utilization of the property by the Lessee and in the event there is no regular use by the Lessee for any six month period, the lease shall be considered abandoned and the Lessor may revoke the same. 4. Rental. Lessee shall pay Lessor for the use of the leased property during the lease term the rental sum of one dollar. In addition, Lessee shelf maintain the boundary fence on the leased property and on the Lessor's property adjacent to the leased property. 5. Use. Lessee shall use the leased property for the purpose of a rifle, pistol and shotgun and archery range, and shall have the right to erect and oonatrud such facilities as are normally associated with such use.such as sheds, dub buildings,parking lots, eta It is s red that targets,target pe12 feet agreed that the Lessee previously constructed a range with a backstop 12 teat high, 100 tee ' 9t vAngs h eac��r s i d safety;targets are reined at 50 yards, 100 with safety yards and 206'ya�rds emer�Ha�"6�+�ppreved.rte^^' 5.1. Any,restoration Of facilities,such as Pompadour ft approval of the Lessor. Springs, must first have 5.2 lessee shat refrain from storing on or discharging from or onto the premises arty hazardous wastes or toxb substannces as dMI118d In 42 USC 449601• regarding end shelf not use the property In a manner to violate any stature or regulation regardng hazardous substances. These laws and regulations Include, but are not "ad to,the federal COmprehanslve Environmental Response,Compensation and Liability Act; Resource nervation and Recovery Act;Todc Substances control Act; Clean Water Act;Clean Air Ad;regulations of fie Un hed States Environmental Protection Agency(EPA);ORS 486.567,466.205,466.640 and 468.780 and regulations of the Department of En*MM mat Quality (DEG)and are collectively referred In this agreement as'erMrorvnertal laws' 5.3 Lessee shall Indemrdfy and defend lessor from and against any and all liabilities,lasses, and costs, Including reasonable attorney fees,which Lessor may Incur because of Lessee's failure to perform all of its obligations under environmental laws,fndudilg any failure to perform during lessee's previous occupation of the property under leases dating from 1968. 6. U61Iges. Lessee shall enitiate,contract for,and obtain, In its name,ail utility services required on the leased property, including gas,eledr city,telephone,water, and sewer connections and services, and Lessee shelf f>aY all charges for those services as they become due. h Lessee fails to pay the charges, Lessor may elect to pay them and the charges will then be added to the rental installment next due. PAGE 2-LEASE mv...w.ae...i Lessee shall be liable for any injury or damages to the equipment or service lines of the utility suppliers that are located on the leased property, resulting from the negligent or deliberate acts of Lessee, or the agents, employees, invitees or guests of Lessee. 7. Compliance with law. The Lessee agrees that it wild at its expense promptly observe and comply with all laws,orders, regulations,rules,ordinances and requirements of Federal, State,County and City governments with rasped to the use, care and control of the leased property. B. Representations. 8.1. Inspection. Lessee acknowledges that this lease is accepted and . executed on the basis of Lessee's own examination and personal knowledge out the value and condition of the leased property;dtat no representation as to the value, condition or repair of the leased property has been made by Lessor or its agents and that"Lessee agrees to take the leased property In the omxfitbn it Is in at the time of the execution of 4tfs lease. 8.2. Prior agreements. This lease is the antie,"and complete agreement of the parties and supersedes and replaces ad prior end existing written or oral understandings except as otherwise continued In effect by the tarts of this agreement. 9. Improvements,atterawns,maintenance. 9.1.Alterations or Improvements.`Except for alterations or improvements to Increase safety on the existing range,Lessee may make no aftara8 or Improvements to the leased property without the prior written consent of Lessor,which consent shad not be unreasonably withheld. Al alterations, or improvements that Lessee may desire to make to the leased property sat h be done by Lessee and at the expense of Lessee. The term timprovenlents'means,any buildings,structures,or facilities placed or erected on the leased property. All such work shall be done in a good and workmanlike manner n complier"with al applicable building and zoning laws and ordinances. 92. -ownership of Improvements. The parties agree that Improvements placed on the leased property by Lessee shad remain the property of the lessee and may be removed by the Lessee upon expiration or termination of this lease. All _ Improvements on the leased properly which remain 30 days after the expiration or termination of this lease shall,at the option of Lessor.become the property of the Lessor without additional compensation to the Lessee,free and dear of all such Claims Of Lessee or anyone claiming under Lessee and Lessee shall Indemnify and defend Lessor against all liability and loss arising from such claims. However, Lessor may elect to remove such improvements and charge the expense of such removal to Lessee. In the event Lessor elects to remove the improvements, Lessor shall make its PAGE 3-LEASE ,•s...w.�n.i election within 60 days after expiration or termination of this lease and shall notify Lessee of any such election. 9.3. Maintenance and Repair. Lessee shall be responsible for maintaining and repairing the premises. Lessee shall be responsible for Lessee's use and its employees',agents', or invitees' use of the premises. Lessee shall,at the expiration of tem0nation of this lease, surrender the premises in as good order and condition as when received, reasonable wear and tear, damage from the elements,fire,acts of God or other casualty excepted. Lessee shall be responsible and shall pay for all damage or injury done to the premises by Lessee or any person who may be in or on the premises-with the consent of Lessee. In the event Lessee or Lessee's representative removes any or all improvements from the leased property upon expiration or temtinabon of the lease. Lessee shall be responsible and shag pay Lessor for an damages to the leased property. 10. Indemnification. Lessee agrees to defend, Indemnify and save Lessor its agents, and employes harmless from any and all losses, darts, actions,costs, expenses, judgments, subrogaaoru,Or other damages resulting from inJu7,to (Including injury resulting in death,)or damage(n �y person Property.Of whatsoever nature arising out of or Incident to Lessee's destruction)of leased premises, Lessee's activities on the premises,or any condition existing on the leased premises Qncludng but not limited to the ads of employees, agents and others designated by Lessee to perform work or services attendant to this agreement). Lessee shall not be held responsible for any losses, expenses, claims,subro axons, actions,costs,judgments, or other damages,directly,solely, and proxlnatey caused by the negligence of Lessor. Lessor shag promptly notify Lessee of any clam su to this paragraph and cooperate with Lessee In an reasonable requests for Information necessary to defend any such daim. 11. Insurance. Lessee shag.at Its own expense, at all Tunas during the term of this agreement,maintain In force a comprehensive general Ilabgdy polity lichtdng coverage for conVectual liability for obligations assumed under this agreement, blanket contractual sabildy,products and completed operations and owWs and contractor's Protective Insurance. The liability under each policy shall be a minimum of$500,1100 per occurrence (Combined single Omit for bodily injury and property damage daims)or $500,000 per occurrence for bodily InOy and$100.000 per occurrence for property damage. Liability coverage ahell be Provided on an'oocurrenoer not dams'basis. The City of Ashland,its Officers,employees and agents shag be named as additional Insureds. Certificates of Insurance acceptable to the city shag be riled with city's Risk Manager prior to the possession of Lessee of the leased property under this agreement These certificates shall contain provision that coverages afforded under the pofxdes can not be canceled and restrictive modification cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company'wgl endeavor to mall'written notice is unacceptable. PAGE 4-LEASE tro.�,b..-nrwa 12. Default. The following shall be events of default: 12.1. Rent Delinquency. Delinquency In the payment of rent in excess of ten .days beyond the rental due date unless specifically extended in writing by Lessor. 12.2. Noncompliance. Failure of Lessee to comply with any term or condition or fulfill any obligation of this lease (other than the payment of rent or other charges within thirty days)after written notice by Lessor specifying the nature of the default with reasonable particularity. It the default is of such a nature that R cannot be completely remedied within the thirty day period,this provision shall be compiled with R Lessee begins correction of the default within the thirty day period and thereafter proceeds with reasonable di igence and In good faith to effect the remedy as soon as practicable. 12.3. Liens. Failure to remove any lien or encumbrance placed upon the leased lands. 13. Remedies. Lessor shall have the following remedies In addition to other equitable or legal rights and remedies in the event Lessee is In default under the terms of this lease agreement: - 13.1. Re-enter. Lessor may re-enter the premises immediately and remove the property and personnel of Lessee,store the property In a public warehouse or at a piece selected by Lessor,at the expense of Lessee. 13.2. Terminate. After re-entry Lessor may terminate the lease on gluing written notice of termination to Lessee. Without such notice,re-entry will not terminate the lease. On temdnatbn Lessor may recover from lessee all damages proximately resulting from the breach,including the roost of recovering the premises and the worth of the balance of this lease over the reasonable rental value of the premises for the remainder of the lease term, which sum shad be I nmedately due Lessor from Lessee. 14. Taxes,liens. Lessee shall pay all taxes or assessments levied upon the leased premises during the term of the lease. Lessee shall not cause any liens or encumbrances to be Imposed upon the leased premises and R any lien or encumbrance is Imposed upon such premises, Lessee shall proceed immediately to remove the lien or encumbrance. 15. Holdover. If the lessee does not vacate the teased premises at the time required,the Lessor shall have the option to treat the Lessee as a Lessee from month to month,subject to all the provisions of this lease except the provision for term. 16. Assignment Lessee shall not assign this lease or sublet the premises without first obtaining lessor's written consent which shall not be unreasonably withheld. PAGE 5-LEASE 17. Successor Interests. All the covenants, agreements, condiions and terms contained in this lease shall be binding upon, apply and inure to the benefit of the heirs, executors, administrators and assigns respectively of the Lessor and the Lessee and all of such covenants shall be construed as covenants mm�ing with the land. This paragraph shall not be construed as consent by the Lessor to the assignment or subletting of the premises. 18. Walver. Failure of the Lessor to Insist upon ft strict performance of the terms, covenants, agreements and conditions in this lease contained, or any of them, shag not oonn r enforce�a or be�s�as a waiver or relinqurshmem of the Lessor's right to any such term,oovanam, agreement or condidion,but the same shall continue in full force and effect. 19. Entire Agreement This lease contains the entire agreement between the parties and, except as Otherwise provided, can be changed,modified,amended,or terminated only by an instrument in writing executed by the parties. If is mutual) advawledged and agreed by Lessee and Lessor that there are no verbal agreements, representations,warranties,or other understandings affecting this lease. Lessor: Lessee: `CHAIR A5ni%-n.+1D QARIts chcnllon f PAGE 6-LEASE brmb..arr.� FIRST AMENDMENT TO 1994 LEASE AGREEMENT BETWEEN THE ASHLAND GUN CLUB AND THE CITY OF ASHLAND THIS AGREEMENT is made and entered into between the CITY OF ASHLAND,OREGON, by and through the Ashland City Council,hereinafter referred to as Lessor, and the ASHLAND GUN CLUB,INC., hereinafter referred to as Lessee. WHEREAS, the Lessee has formally leased from Lessor, certain City-owned Property for gun club purposes since 1968;and WHEREAS,the current 1994 Lease Agreement will expire May 30, 2009;and WHEREAS, the Lessor and Lessee desire to continue negotiating a new long-term lease that will further the public interest with the inclusion of a lead abatement/cleanup schedule, together with other conditions and restrictions on the use of the city-owned property that will address the concerns of abutting property owners and the City;and WHEREAS, the lease negotiations regarding the new lease may not be complete by May 30, 2009; and WHEREAS,on February 3,2009, to facilitate negotiations, the Ashland City Council authorized, inter alia, the execution of an Order extending the termination date of the 1994 Lease Agreement by an additional year;and WHEREAS, the Council specifically required that this lease extension not serve as an extension of the abatement/cleanup schedule in the proposed lease agreement; NOW THEREFORE,LESSOR AND LESSEE HEREBY AGREE THAT THE 1994 LEASE AGREEMENT IS AMENDED AS FOLLOWS: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference;and 2. Lease Extension. The 1994 Lease Agreement termination date as reflected in the body of 1994 Lease Agreement is hereby extended for a period of one year, from May 30, 2009 to May 30, 2010; and 3. Month to Month Termination. Notwithstanding any other provision of the 1994 Lease Agreement, the extension granted in paragraph 2 above may be terminated at the option of Lessor by giving W days written notice to Lessee if the Lessor determines, at any time, that a long-term lease is not in Lessor's best interest. If this extension is terminated, as provided for herein, Lessor may remove Lessee, and any of Lessee's members or property by legal action or by self-help with the use of reasonable force,without liability for damages, and without having accepting a surrender. 2009-2010 Ashland Gun Club Lease Extension Page 1 of 2 4. Savings. All other provisions of the 1994 Lease Agreement, not inconsistent with the above changes remain in full force and effect. LESSEE: Ashland Gun Club,Inc. Date ORDER Pursuant to ORS 271.360 the City of Ashland hereby approves and authorizes the First Amendment to the 1994 Lease Agreement between the Ashland Gun Club,Inc.and the City of Ashland, as set forth herein. LESSOR: r Mayor,City of Ashland Date Uj p d s tI ortnl�Q 2009-2010 Ashland Gun Club-Lease Extension Page 2 of 2 SECOND AMENDMENT TO 1994 LEASE AGREEMENT BETWEEN THE ASHLAND GUN CLUB AND THE CITY OF ASHLAND THIS AGREEMENT is made and entered into between the CITY OF ASHLAND,OREGON,by and through the Ashland City Council, hereinafter referred to as Lessor, and the ASHLAND GUN CLUB, INC., hereinafter referred to as Lessee. WHEREAS, the Lessee has formally leased from Lessor,certain City-owned Property for gun club purposes since 1968;and WHEREAS, the current 1994 Lease Agreement will expire May 30, 2010, and WHEREAS, the Lessor and Lessee desire to continue negotiating a new long-term lease that will further the public interest with the inclusion of a lead abatement/cleanup schedule, together with other conditions and restrictions on the use of the city-owned property that will address the concerns of abutting property owners and the City;and WHEREAS, the lease negotiations regarding the new lease may not be complete by May 30, 2010;and WHEREAS,on April 5ffi, 2010, the results of the level two environmental assessment will be discussed at a study session before the Ashland City Council; and WHEREAS, the results of the environmental assessment are important to the Council's upcoming decision regarding whether the City should continue to lease the property to the Ashland Gun Club;and WHEREAS, the Council specifically required that this lease extension not serve as an extension of the abatement/cleanup schedule in the proposed lease agreement; NOW THEREFORE,LESSOR AND LESSEE HEREBY AGREE THAT THE 1994 LEASE AGREEMENT 1S AMENDED AS FOLLOWS: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference; and 2. Lease Extension. The 1994 Lease Agreement termination date as reflected in the body of 1994 Lease Agreement is hereby extended for a period of one year, from May 30,2010, to May 30, 2011;and 3. Month to Month Termination. Notwithstanding any other provision of the 1994 Lease Agreement, the extension granted in paragraph 2 above may be terminated at the option of Lessor by giving 30 days written notice to Lessee if the Lessor determines, at anytime, that a long-term lease is not in Lessors best interest. If this extension is terminated, as provided for herein, Lessor may remove Lessee, and any of Lessee's members or property by legal action or 2009-2010 Ashland Gun Club Lease Extension Page 1 of 2 by self-help with the use of reasonable force, without liability for damages,and without having accepting a surrender. 4. Additional Extension Terms. a.The Gun Club will work with staff and consultant to select and implement Best Management Practices(BMP), to reduce the risk associated with lead shots. b.The Gun Club will work with Kramer&Company and staff to respond to Lithia Springs management plan about the historic artifacts. 5. Savings. All other provisions of the 1994 Lease Agreement,not inconsistent with the above changes remain in full force and effect. LESSEE: 77 Ashland Gun Club, Inc. Date ORDER Pursuant to ORS 271.360 the City of Ashland hereby approves and authorizes the First Amendment to the 1994 Lease Agreement between the Ashland Gun Club, Inc. and the City of Ashland, as set forth herein. LESSOR: 10 or, City of Ashland Date 2009-2010 Ashland Gun Club Lease Extension Page 2 of 2 THIRD AMENDMENT TO 1994 LEASE AGREEMENT BETWEEN THE ASHLAND GUN CLUB AND THE CITY OF ASHLAND THIS AGREEMENT is made and entered into between the CITY OF ASHLAND, OREGON, by and through the Ashland City Council,hereinafter referred to as Lessor, and the ASHLAND GUN CLUB, INC., hereinafter referred to as Lessee. WHEREAS,the Lessee has formally leased from Lessor, certain City-owned Property for gun club purposes since 1968; and WHEREAS,the current 1994 Lease Agreement will expire June 30, 2011; and WHEREAS,the Lessor and Lessee desire to continue negotiating a new long-term lease that will further the public.interest with the inclusion of a lead abatement/cleanup schedule,together with other conditions and restrictions on the use of the city-owned property that will address the concerns of abutting property owners and the City; and WHEREAS, the lease negotiations regarding the new lease may not be complete by May 30; 2011; and WHEREAS,on February 3, 2009, to facilitate negotiations,the Ashland City Council authorized the execution of an Order extending the termination date of the 1994 Lease Agreement by an additional year; and WHEREAS,on April 6, 2010, the Ashland City Council authorized the execution of an Order extending the termination date of the 1994 Lease Agreement by an additional; and WHEREAS, the Council made a motion to extend the lease by an additional four months on March 15, 2011,to allow for further negotiations; NOW THEREFORE,LESSOR AND LESSEE HEREBY AGREE THAT THE 1994 LEASE. AGREEMENT IS AMENDED AS FOLLOWS: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference; and 2. Lease Extension. The 1994 Lease Agreement termination date as reflected in the body of 1994 Lease Agreement is hereby extended for a period of four months, from May 30, 2011, to September 30, 2011; and 3. Month to Month Termination. Notwithstanding any other provision of the 1994 Lease Agreement, the extension granted in paragraph 2 above may be terminated at the option of Lessor by giving 30 days written notice to Lessee if the Lessor determines, at any time, that a long-term lease is not in Lessor's best interest. If this extension is terminated, as provided for herein, Lessor may remove Lessee, and any of Lessee's members or property by legal action or by self-help with the use of reasonable force, without liability for damages, and without having accepting a surrender. Page I of 2 4. Additional Extension Terms. The Gun Club will work with staff and consultant to select and implement Best Management Practices (BMP), to reduce the risk associated with lead shot. 5. Savings. All other provisions of the 1994 Lease Agreement, not inconsistent with the above changes remain in full force and effect. LESSEE: Ashland Gun Club, Inc. Date ORDER Pursuant to ORS 271.360 the City of Ashland hereby approves and authorizes the First Amendment to the 1994 Lease Agreement between the Ashland Gun Club, Inc. and the City of Ashland, as set forth herein. LESSOR: ay r, City of Ashland Date Page 2 of 2 CITY OF ASHLAND Council Communication Discussion on Ashland Gun Club Lease Meeting Date: June 16, 2008 Primary Staff Contact: Don Robertson Department: Parks E-Mail: robertsond(a ashland.onus Secondary Dept.: Administration Secondary Contact: Martha Bennett Approval: Martha Bennett Estimated Time: 45 minutes Question: Does the Council wish to extend the lease to the Ashland Gun Club? If the lease is extended, under what conditions and for how long will it last? If it is not extended, how will the property be used? Staff Recommendation: This is a study session item for discussion purpose only. Background: The Ashland Gun Club has been leasing property from the City to use as its gun club facility since at least 1968. The current Ashland Gun Club Lease will expire at the end of June 2009. Members of the club first requested a lease extension in February 2004. On July 20, 2005 the Council and Parks Commission had a joint study session to discuss a possible lease extension. At that time, input was provided by the Ashland Gun Club membership, but community members did not get an opportunity to speak. The specific issues for consideration at that meeting were: • Does the City have an interest in extending the lease for the Ashland Gun Club? • Does the Parks Commission have an interest in continuing the management agreement? At the conclusion of the City Council study session, staff was directed to develop a draft Lease for City Council to consider, which would extend the years of operation by the Ashland Gun Club. Ashland Gun Club members prepared and presented a proposed lease to the City in June of 2007 but review of their draft was put on hold during the time while the City was hiring a City Attorney. Ashland Gun Club members and supporters have sent dozens of letters to the City requesting renewal of the lease. City legal staff developed a draft lease in March of this year. This draft attempted to address the issues raised about the Ashland Gun Club's relationship to their neighbors. This draft was circulated to the Ashland Gun Club and to many of the neighbors of the property. The draft agreement is attached. After they received a copy of the draft lease, several of the neighbors contacted City and Parks and Recreation staff to discuss their concerns. Before raising particular concerns about Ashland Gun Club operations (addressed on page 5), one of the neighbors asked whether the City Council had already decided to extend the lease. These neighbors asked to address the City Council to make their case both about whether a gun club is an appropriate use of this property and about the particular conditions that should be placed on the operation if the City signs a new lease with the Ashland Gun Club. Page I of 7 061608 Gun Club Lease.Mdoc �r, CITY OF ASHLAND Discussion: Should the property be used as a shooting ranee/gun club? The Ashland Gun Club property, along with all other City lands, is being studied for potential other uses as part of the facilities master plan. For the purpose of preparing for this study session, staff considered all of the options that the City Council has for use of this property. In all of the options, we assume that the City will retain some form of ownership (whether it's direct ownership or an easement of some kind) over the portion of the property that contains the Lithia Water wellhead and other related historic structures. Some of the options we considered are: 1. Allow the Ashland Gun Club Lease to expire, retain City ownership of the property, and convert the property to another use, as allowed by County zoning (addressed on page 4). 2. Allow the Ashland Gun Club Lease to expire, retain an easement or ownership of the Lithia Water wellhead, declare the remainder of the property surplus, and sell this remaining portion. As a variation on this option, the City could declare a portion of the property surplus and seek to exchange it for another piece of land, such as Clay Street. 3. Offer a new lease to the Ashland Gun Club which.includes terms that limit the liability of the City for potential lead contamination and for all security issues and that address at least some of the "good neighbor" issues. The lease would also allow some limited use of the property for Public Works purposes. 4. The City could declare a portion of the property surplus (again, not the portion with the Lithia Water) and offer to sell it directly to the Ashland Gun Club. The City would address the good neighbor issues through deed restrictions, which could be enforced in court. Staff has not thoroughly explored this option, so if Council is interested in it, we'd want to do further work. The City does use the property not only for Lithia Water but for disposal of some of the spoils from public works projects and the street sweeper. The sweeper spoils were moved to this property after the City received numerous and repeated complaints from the neighbors of the "B" street yard. What Issues Need to be Addressed if the Ashland Gun Club Lease is Renewed? If the determination is to extend use by the Ashland Gun Club, the following issues will need to be addressed: • Good Neighbor Issues. Many of the concerns raised by the neighbors related to how early and often the Ashland Gun Club is used. Neighbors also are concerned about particular types of noise, such as that from repeating weapons or from weapons that have a great deal of power. • Hours of Operation. Should the use be restricted on weekends? .Should there be one weekend day of no use or a later start time on weekend mornings? Should evenings, particularly summer evenings,be more restricted? • Limitations on the types of weapons that are fired (automatic, semi-automatic, and weapons that have a high degree of force and are therefore noisy) • Noticing to neighbors of unusual/special use • Traffic • Security • Use for National Guard Training. • Term of the Lease. A major component of improvements on the site is funding via grants from ODFW, DSL and other entities, most of which require a minimum of 10 year lease. Page 2 of 7 061608 Gun Club Lease.CC.doc �r, CITY OF ASHLAND • Environmental clean up issues. One of the key issues for this property will be to ensure that the Ashland Gun Club can comply with the Best Management Practices for Lead at Outdoor Shooting Ranges as defined by the EPA. The City may want to require regular lead removal every three to five years. Federal and state grants are one of the means'of obtaining funding for lead abatement. What Issues Need to be Addressed if the Ashland Gun Club Lease is Allowed to Expire? If the determination is not to renew the lease, Council will need to discuss these issues prior to deciding whether to retain the property for an alternative use or to declare the property surplus (and sell or trade it). • Land Use regulations that affect the uses of the property (see page 4 and attachment) • Lithia Water Access and Historic Resource Preservation • Environmental Cleanup Needs and Costs • Public Infrastructure issues, including the condition of the road and the lack of available electric, telecommunications, water and wastewater utilities • Bear Creek Greenway Extension (the original plan calls for the Greenway to link Bear Creek with Emigrant Creek on the north side of the property and eventually link to Emigrant Lake) Facilities Master Plan In January 2008, the City Council initiated a Facilities Master Plan. The Council appointed a Committee to make recommendations for future improvements, uses, and dispositions of all City buildings and properties The Committee has identified the need to combine the city yards, currently located on B Street and 90 North Mountain and East Nevada, and has determined ten acres are needed. The Committee has considered the gun club property as a possible future site for the city yard. Pros: '• Land is sufficient in size to meet the needs of City yards and equipment • Reduces conflicts with the existing neighbors of the B Street and North Mountain Neighborhoods. Cons: • Property is outside city limits and outside UGB • Road is sub standard, is failing rapidly and will not support heavy equipment traffic • Property is low lying and parts of it are in the flood plain • No city utilities (water/sewer, electricity) • Several different well heads that produce Lithia water are on the property— if another well is needed city will need the flexibility to drill • Surrounding residential neighbors could be impacted by traffic and noise • Property location poses operational challenges: • Approximately 70 employees would add 7.3 miles to their driving time to work. • Staff estimates additional drive distance(from Hwy 66 to property) would result in approximately 330 additional gallons of fuel per week for city vehicles. Page 3 of 7 061608 Gun Club Lease.CC.doc Pr, CITY OF ASHLAND o City vehicles represent approximately 1250 round trips per week in and out of current city yard. • Property topography is hilly and not conducive to storage and access needs of a city yard. • Possible environmental concerns regarding installing fuel pumps, storage and equipment. The committee has not yet reached a decision on the best use of this property. Land Use Issues Affecting the Property Background and Site Characteristics The Ashland Gun Club is part of three city-owned properties (400, 700 & 800) totaling approximately 66-acres. Access to the property is from Emigrant Creek Road, a county road that passes through the northwest comer of the property. The topography of the area is varied, consisting of an expansive, relatively flat area along the property's northerly boundary, with the south and southeast potions of the property having slopes ranging between 10 and 30 percent. Additionally, Emigrant Creek, and its associated 100-year floodplain, traverses the north easterly comer of the property. Jackson County Zoning Designation The zoning is primarily Open Space Reserve (OSR), which is a Forest Resource Zone. A very small, insignificant corner of the property, lying just south of Emigrant Creek Road, is zoned EFU, Exclusive Farm Use. According to Jackson County Planning Department records, the Ashland Gun Club is a conforming use, permitted under the OSR zoning designation with a valid Jackson County land use approval in place(File 00-35-DAR). The purpose of a Forest Resource (FR) zoning Districts is to conserve forest lands. Various zoning districts, including Open Space Reserve(OSR), are applied to areas identified as forest land by Jackson County's Comprehensive Plan. A variety of permitted uses are described under the County's zoning code, including: ❑ Farm and Forest Uses ❑ Natural Resource Uses ❑ Residential Uses ❑ Commercial Uses ❑ Mineral, Aggregate, Oil and Gas Uses • Transportation Uses • Utility/Solid Waste Disposal Facilities • Parks/Public/Quasi-Public Uses • Outdoor Gathering Uses City or public yards are not listed as an allowable use in the OSR Zone, and county planning staff did not feel, at least preliminarily, that it would fit under any of the permitted or conditional uses listed for the property. Additionally, only large-tract residential use is permitted, consisting of a minimum lot size of 160-acres; thus, the gun club property is too small to allow this use. Page 4 of 7 061608 Gun Club Lease.CC.doc �r, CITY OF ASHLAND On-site Contamination Staff from the Department of Environmental Quality(DEQ) indicated that shooting ranges are required to go through an environmental assessment process for almost any change in use. Any activity that would involve grading or removal of soil also requires an assessment. There are various clean-up options that can come out of the assessment process and some similar gun club sites are currently undergoing cleanup at this time. Draft Lease: Staff has prepared a draft lease for council review and consideration. The draft lease agreement is an attempt to incorporate feedback from a number of meetings and conversations with gun club members and neighboring property owners. The provisions of the draft lease can be changed to address additional concerns. The draft was reviewed by two neighbors who met with staff to share their concerns. It should in no way be construed that the opinions of the two neighbors is representative of the entire neighborhood. Nor should this list be considered the definitive list of concerns of other neighbors. However they do present a thoughtful list of concerns that are believed to be shared by many of the neighbors. The concerns from the two neighbors that provided comments after the draft lease was completed include: 1. Grants should not dictate City Policy: This is in reference to the need to extend the lease beyond 10 years. • Response: There are federal and state grants for a number of activities. For example, the FAA awards grants for airport development, the Oregon State Marine Board provides funding for docks on public property, and the Oregon Department of Transportation supplies monies for transportation improvements. The terms associated with grant monies must be considered in all of these situations if the City wishes to receive the funding. Grant money is available for lead abatement, but the terms require a ten-year lease. It is in the City's best interest to take steps to make sure that lead abatement continues on the property, and grant funding is one means of ensuring that the City will not have to finance a clean-up in the future. 2. Automatic weapons/semi-automatic weapons—should they be there? • Response: Section 4.2(3) of the draft lease agreement prohibits the use of automatic weapons and weapons that exceed 6000 foot-pounds of muzzle energy. 3. National Guard or Paramilitary organizations (except APD)— should they be there? • Response: The National Guard utilizes the Gun Club facility for training approximately . 4 times a year during normal facility hours. Generally the National Guard's use of the facilities consists of individual soldiers in the community using the facility to meet requirements. Section 4.2(1)(a) of the draft lease agreement allows use by law enforcement agencies and military units outside of the normal hours of operation by giving notice to nearby property owners at least two weeks in advance. It is the police force that may be utilizing this night time exception for special training. 4. How do we determine true noise context and restrict decibels? • Response: Section 4.2(3) of the draft lease agreement, which prohibits automatic weapons and weapons with a muzzle energy that exceeds 6,000 foot-pounds, is a means of restricting noise. The muzzle energy of the weapon is what determines how loud the weapon is when it is fired. 5. Reasonable hours— 10 am—6 pm, closed either Saturday or Sunday, restrictions on Holidays Page 5 of 7 061608 Gun Club Lease.CC.doc CITY OF ASHLAND • Response: Section 4.2(1) of the draft lease agreement restricts the hours of operation during the week from 8AM to sunset, and on the weekends from 9AM to sunset. These hours were a compromise that came out of a number of discussions with the gun club and the neighbors since 2005. The ORS would allow shooting from 7AM to I OPM or any shooting conducted for law enforcement training purposes. ORS 467.131(3). Thus, the proposed hours are more restrictive than what Oregon law allows. 6. Paper Targets only, no metal targets • Response: The draft lease agreement does not currently address the types of targets that can be used, but the lease can be modified to restrict the use of metal targets. Currently the gun club requires the use of official paper or metal targets only. 7. No overnight or only once per year • Response: Section 4.2(4) of the draft lease agreement limits overnight events to one per calendar year; however, during the event the shooting range hours must be strictly complied with. 8. Require permission from City Council for any improvements • Response: Section 6.1 of the draft lease agreement requires the Gun Club to obtain the City's written consent before making any alterations or improvements. In addition, the Gun Club must comply with all laws, including zoning regulations, and building codes. 9. Financial Responsibility for hazards materials retroactive to current activities • Response: Section 4.3 of the draft lease agreement-requires the Gun Club to comply with all Environmental Laws and specifically with the Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges. Section 4.4 states that the Gun Club shall comply with all federal, state, and local laws at its own cost and 'expense. 10. Comply with DEQ noise regulations • Response: Oregon law exempts shooting ranges from civil liability for noise pollutions between the hours of 7AM and I OAM, or during law enforcement training; thus, the Gun Club is not subject to any noise restrictions. ORS 467.131. In addition, the Oregon legislature has pre-empted the City's ability to regulate the Gun Club property and declare shooting activities as a nuisance or a trespass. ORS 467.136. 11. Insurance coverage is too low • Response: Section 7.1 of the draft lease agreement requires the Gun Club to maintain a comprehensive commercial general liability policy of$1,000,0000. The City's general policy is to require $1,000,000 worth of insurance; however, the Gun Club currently has $2,000,000 in coverage. The lease could be modified to require more insurance. 12. Indemnification (who is the Gun Club organization? Bond?) • Response: Section 7.2 of the lease requires the Gun Club to indemnify the City to the fullest extent permitted by law, including reasonable attorneys' fees, investigation costs, and all other costs and expenses. 13. Default—who is responsible • Response: Section 1 1.1 of the draft lease agreement states that a default in any of the lease covenants must be remedied by the Gun Club. If the default is not remedied (generally within a 20 day period) the lease may be terminated and the City may collect damages. Page 6 of 7 061608 Gun Club Lease.CC.doc M CITY OF ASHLAND 14. Lease rate • Response: Article 3 of the draft lease agreement addresses the lease rate. The Gun Club is required to pay all taxes and insurance costs and provide at least three community events during each calendar year. Related City Policies: None Council Options: Provide direction to staff. No decision is needed at this time. Potential Motions: -None Attachments: • Draft Agreement • Property Maps • Jackson County Land Use Code Chapter 4.3 • Lithia Springs Property Historic Significance The Council packet and minutes of the July 20, 2005 meeting are available on-line.'Hard copies can be made available on request. Page 7 of 7 061608 Gun Club Lease.CC.doc FKr, arb -�/��D// v� CLINICAL RESEARCH INSTITUTE 111 c, rlr,,.O,KI.".PC 0 0 •� � yo 0 3860 Crale,Lake Ave.,Suiie 8, Medford,OR 97504 March 1, 2011 /'&•,,,:541.858.1018 r".,:541.858.1091 +,.clinicalreseardwregoncam Edward M.Kcrwirl,M.O., AGd,in(lJim9nr To: Ashland City Council 6"iirdWtoF`"(�"""°� Public Meeting of March 1, 2011 C,.,..,,,.:,:,...;"cv",:,drmv,,,.b Hand Delivered From: Edward Kerwin, MD Medical Director Clinical Research Institute of Southem Oregon, PC 3860 Crater Lake Ave. Medford, OR 97504 Homeowner, WineryNineyard Owner Genesee Estate, LLC 955 Dead Indian Memorial Rd. Ashland, OR 97520 Regarding: Notification of Intent to File Lawsuit against the Ashland City Council Members and the city for breach of fiduciary duty, and suspected RICO charges if the Ashland Gun Club lease is renewed without required due diligence testing requested by Oregon Department of Environmental Quality. Dear City Council Members, This letter is to make it crystal clear that each and every member of the Ashland City Council, as well as the City of Ashland and the Ashland Gun Club, will be sued for breach of fiduciary duty and for possible racketeering charges if you today extend the lease of the Ashland Gun Club for more than.a twelve month extension. The Ashland City Council and City of Ashland have a clear fiduciary duty to protect citizens of Ashland and Ashland public lands from chemical pollutants, heavy metal pollutants and other chemical exposures. Ashland city parklands do not have any certification or licensure to act as toxic landfills. Therefore, the city council has a fiduciary duty to ensure that all parklands under your trust and contract are protected from ongoing toxic waste, heavy metal pollution, etc. Not only does Ashland have a fiduciary duty to protect city parklands, but the following facts are clear: 1. The Ashland City Council in approximately 2009 commissioned a formal study to determine if lead wastes are building up in soils and groundwaters at the Ashland parklands leased by the gun club. This report's primary recommendation was that more study was needed to assess these potential risks- 2. The City of Ashland also referred the matter to the Oregon Department of Environmental Quality(ODEQ) in 2010. This body provided a detailed formal report. The primary recommendation of the Oregon DEO was that the original soil and groundwater study 41 above was not correctly done. Groundwater samples were not obtained in correct wetland locations and soil was not sampled in correct locations. Therefore, the Oregon DEO recommended additional much more credible testing be done with additional groundwater and soil samples to assess potential or likely environmental damage at the Ashland park leased by the gun club. In summary,the science is clear. Both assessments #1 and #2 above recommended and essentially required-further tests before any decision can-be made. Since the City of Ashland has a clear fiduciary duty to protect city parklands from ongoing toxic pollution, and since the City of Ashland commissioned and requested two studies (#1 and 92 above), and since BOTH STUDIES recommended additional environmental sampling and testing be done, therefore proceeding to renew a long-term lease is in violation of the fiduciary duty-incumbent on every member of the Ashland City Council. I and others will sue the city and the Ashland City Council for breach of fiduciary duty if the gun club lease is renewed for longer than a 6-12 month renewal without obtaining the additional soil and water and environmental tests recommended and required by scientific assessments 41 and#2 above. Racketeering law(RICO) rules apply when there is inside influence, favoritism or conspiracy used to illegally influence governmental agencies to make oversight decisions in ways that are outside of the law or outside of good governance. Traditionally, mobsters and organized criminals made payoffs to police officers, aldermen, city council members, etc., or they appointed relatives or friends to police positions or governmental offices. In those cases, governmental officers acting under the influence of friendships, or associations,or other non- fiduciary influences are guilty of racketeering. Racketeering crimes immediately go to federal court. Triple damages are assessed. The law is very broad to allow considerable scope of investigation when governmental agents are believed to be involved in racketeering. Jail sentences are possible as well. With regard to the Ashland Gun Club, any member of the Ashland City Council who has ever been a gun club member, or has ever shot guns at the gun club, or who has relatives who are members of the gun club, or who has close friends who are members of the Ashland Gun Club is immediately disqualified from deciding any question of soil and groundwater pollution at the Ashland park leased by the gun club. They must disqualify themselves. Even an appearance of impropriety must be avoided per good government rules,and do prevent racketeering influences on City of Ashland's municipal decisions. City council members cannot vote to sell city land to a friend or acquaintance, or colleague or family member. Similarly, they cannot vote to tone-term lease city land for$1 per year to a friend, a colleague, of family members or an acquaintance. With this letter 1 notify the city council that I will join in a lawsuit against the City of Ashland and each individual city council member who votes for a renewal of a long-term lease of the Ashland park currently leased to the gun club on suspicion of racketeering. Any Ashland City Council member who has ever been a member of the gun club, or any gun club, who has ever fired weapons there, who has friends, family members or long-term acquaintances who are members of the gun club, must recuse themselves, or they are in violation of good government rules and potentially engaged in racketeering. This notice is duly provided to the Ashland City Council at your meeting on March I, 2011. Edward M. Kerwin, MD Landowner 955 Dead Indian Memorial Rd., Ashland, OR 97520 March 15, 2011 TO: ASHLAND CITY COUNCIL FROM: TOM DIMITRE It has come to my attention that the City is contemplating entering into an agreement with the Ashland Gun Club for a long term extension of the current lease of City property out on Emigrant Creek Road. Recent reports of contamination at the Gun Club show that the area is highly contaminated, especially with lead. No clean up has been done over the past 30 years or so of the Gun Club's use of the property. In my opinion, the Gun Club's failure to clean up contamination from the site in the past violates the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA) and the Comprehensive Environmental Response Compensation and Liability Act (otherwise known as Superfund). Further, to the best of my knowledge, the Gun Club has not used EPA's Best Management Practices for Gun Clubs. The Gun Club's contamination and lack of clean up of the City's property may be negligence - in that the Gun Club may have had a duty to clean up the area, and has failed to do so. Though the proposed Lease is inadequate, I want to point out that there are numerous sections that make the Gun Club financially liable for clean up and other costs. These include, but are not limited to, the following: Section: . 4.2 - Reorientation of shotgun range. Mitigation measures. 4.4(1) - Hiring of range designer 4.4(3) - Removal of lead and other contaminants from the site. This could be a multi million dollar cost to the Gun Club. 4.4(4) - Post financial security 4.6 - Cost of compliance with Ashland Water Resources Protection ordinance 5.2(4) - relocation of facilities away from Greenway 6.2 - Removal of improvements at end of Lease term 7 - Insurance on all obligations including remediation tasks 7.2 - Indemnification of City 12.1 - In event of termination of lease or retaking, cost for environmental studies and cleanup. Since the Gun Club is responsible for the contamination of City land, the Gun Club is responsible for cleaning it up. I ask that you make it crystal clear in the Lease that the Gun Club must pay for the clean up of the site and that the cleanup must start now. Thank you very much. Tom Dimitre 901 Beach St. Ashland, OR 97520 Cathy DeForest 1067 Emigrant Creek Rd. Ashland, OR 97520 541-690-6976 cathv.'�i',j ubi I ationpress.com February 28, 2011 Mayor Stromberg & Ashland City Council 20 East Main Street Ashland, Oregon 97520 Via: Email Re: City Renewal of Ashland Gun Club Lease Dear Mayor Stromberg and City Council, I am out of town and would like my comments to be read at the March 1, 2011 City Council meeting. I appreciate the environmental studies the Concil has done in the past two years, but there is much more to do regarding the fiscal and environmental issues facing the City. Since you are poised to approve the renewal for the Ashland Gun Club lease for $1.00 a year for the next 25 years, I am would like to summarize the concerns I and the Citizens for Fiscal and Environmental Responsibility have raised since 2005. 1. Lead is a highly toxic substance that requires over 10,000 years to dissolve. 2. The City owns 66 acres of valuable property, renting 32 of the 66 acres to the Gun Club for one dollar a year since 1968. Because it is not safe for anyone to use the property adjoining the 32 acres, the Gun Club's activities actually control the use of the entire 66-acre parcel. Your new lease would rent the 32 acres to the Gun Club until 2036. Fiscally, the 68-year,zero income arrangement with the Gun Club does not seem fair to the Citizens of Ashland. 3. Even after spending over$60,000 of City money to assess the magnitude of the lead problem, DEQ has sent a report discussing the inadequacy of the study which was done and the need for further soil testing and environmental assessment. To renew the lease without such data is not responsible. 4. The Gun Club says they need a 10 year lease in order to receive grants for cleanup. However, in the past The Gun Club has said that these grants are very small in scope and the cost of cleanup in similar sites has ranged from $100,000 to millions of dollars. 5- The third and extremely important issue relates to the Historic and Cultural value of the Gun Club site related to its Native American relics and the heritage of Lithia Springs which helped to found the City of Ashland. Prior to early settlers, Native American tribes used the Lithia Springs to take care of their sick and aged. Between 191 1-1915, the Lithia waters were developed by the City of Ashland to promote mineral treatments. 'I lie water was piped from the Lithia Springs to the Plaza in 1915 and is still piped there today. Statue 358.920 states that it is illegal in the State of Oregon to damage or destroy any archaeological site in Oregon. Leasing a nationally registered historic site seems illegal and fiscally and morally irresponsible. 6. DEQ stated in their Jan 19, 2011 letter to the City of Ashland-that the layout of the Gun Club "discharges lead shotgun into the wetlands,which is widely recognized as a a practice that leads to increased environmental risk and liabilities." How can the Council renew a lease that continues these hazards? 7. Emigrant Creek pins the Gun Clob site. According to a report distributed by the EPA. "When lead ammunition contacts the soil, it corrodes.similar to car rusting. the lead oxidizes to form corrosion products, precipitate onto soil particles and as a layer around the pellets. The corrosion products are ahle to dissolve into the soil water(fixes)some of' the lead. The corrosion process is effectively dissolving the pellets into the soil." And "Contaminated shooting range soil: -has too much lead for the soil to soak up -much higher concentrations of lead are the result -chronic leaching of lead from the topsoil is likely to occur' How can the Council approve a lease that is known to conatminate soil and water sources that Ashland depends on? 8. The FEMA 100 year flood plan delineates acreage by Emigrant Creek that includes Gun Club accrage. What is the impact of lead if there is a flood? The recent DEQ report also raised the issue of flood concerns. 9. Non lead ammunition is available, and City Council could make this a requirement of leasing the property. If lead ammunition continues to be used, constant risk will occur and consatnt cleanup wil be needed. 10. Between 1967-1998 the former Reeder Pistol Range near Granite St. and Lithia Park was active as a shooting and skeet range. High concentrations of lead and leachable lead were found and as a result over 285 tons of soil were removed at significant cost. Nation,-illy; Gun Club cleanup costs have ranged from 5200,000 (I I acres in Michigan) to $25,000:000 (6 acre site in SF area Neither the Gun Chub or the City of Ashland has the money to clean up the site. Many law suits have also occurred nationwide, some against city governments, some against gun clubs. The City has an obligation to analyze its risks and utilize its assets for the benefit of the most people possible. Neither the City or the Ashland Gun Club have adequate sources of money to face such fiscal challenges. 1 1. Bear Creek Greenway Extension original plan calls Ibr the Greenway to link Bear Creek with Emigrant Creek on north side of property and eventually link to Emigrant Lake. Potential lead erosion is an important issue related to the Greenway Plan and the Valdez principles adopted by the City to "render no harm" to the environment. 12. The Ashland Gun Club property is surrounded by organic farms, homes and cattle ranches. The property is also an unofficial bird sanctuary with owls nesting on property a few acres away. The ti9innesota Department of Resources in 2006 researched 500 citations worldwide on the impact of lead on wildlife_ the environment and humans. They found over 130 species of wildlife that have been reported as being exposed or killed by lead ammunition. This includes birds, raptors,waterfowl and reptiles. 13. California has-outlawed lead in Condor breeding areas throughout the State. Recently. a pro gram in conjunction with the Portland Oregon Zoo has developed a Breeding program in Clackamas County to raise and reintroduce the Condors to Southern Oregon, California and the Grand Canyon. Grandmother Agnes Pilgrim. Chairperson of the lnternational Council ol' 1; Indigenous Grandmothers, and the oldest living member of the Taklima Siletz nation of Southern Oregon, publicly stated that a tribe living in Oregon is also working to reintroduce the native "Thunderbird" Condor to Oregon. Agnes Pilgrims main mission is to protect the waters and she is willing to support of farts to protect land and waters so that the Condor will return. If the City approves the lease without taking further measures to protect the environment and the historic sites, we regretfully feel complelled to join with other environmental groups in a law suit against the City and the Ashland Gun Club. We are not opposed to the Ashland Gun Club, we are opposed to the destruction of the environment and historic sites. We are also opposed to what appears hr be fiscal irresponsibility in a time of challenging economic deficits. Sincerely. s% Cathy Deforest Cc RGSC. RECEIVED JUL 112011 Dear Ashland Council Person Please peruse this folder and consider the Ashland Gun Club not as a neighborhood nuisance but rather as a community resource as we serve not only our members (over 500 family memberships) also these other Civic/Service Organizations Ashland Police Department Oregon National Guard R.O.T.C. from Southern Oregon University National Fish and Wildlife Forensics Laboratory Oregon Hunter Education Students Ashland Archers (AGC sub group) Jefferson State Regulators (AGC sub group that re-enacts old west style shooting) Concealed Weapons Class Training (And most recently) United States Department of Interior National Park Service Civil War Reenactments for a history class from Southern Oregon University (summer 2011) The Boy Scouts of America d C y M LIU OC Txy W \V m of msE .7;Z-2, Al tz iYx � � ` •i � _ ,a L r T • ' � • LL Q st i cf T' • �d F. t p Sl t • - C tr.:.'_r.� .[i .':yam— T.,;�Y ' :. �� •:� •l OW PP R O � r A N t ti r a F Sol United States Department of the Interior NATIONAL PARK SERVICE Crater lake National Part: 1907 QOM Post Office Box? A�Tros�r ryas 4 Crater lake,Oregw 97604 M REPLY REM TO April 19.2011 Chuck Parleyer, Ashland Gun Club P.O. Box 953 Ashland. Oregon 97520 541. 482.8903 ( home) 541.821.3224 ( cell ) Chuck, Please accept our sincere appreciation to you and the members of the Ashland Gun Club for the use of your well equipped Firearms Range on April 141 and 15" 2011. The Klamath Network of the National Park Service conducts its annual Law Enforcement In-Service Refresher Training each spring in Ashland, Oregon. Federal Law Enforcement Officers from Whiskeytown National Recreation Area California, Lava Beds National Monument California, Lassen Volcanic National Park California, Redwoods National Park California, Oregon Caves National Monument Oregon, and Crater Lake National Park Oregon spend the week in classroom and field exercises throughout the Ashland Area. Thank you for your generous offer to allow the National Park Service to conduct our Firearms Qualifications, Taser Recertification, and Tactical Firearms Exercises within your facility. The use of the Ashland Gun Club provided a firing range close to our training facility which reduced travel time and added expenses to the Federal Taxpayers. The firearm ranges were well kept and designed for officer training safety. The use of the on-site Club House provided a facility for classroom exercises and an indoor facility during the cool damp weather. I enjoyed your outgoing hospitality and your overall support of our local Law Enforcement Community. We hope that we have set up a good relationship with the Ashland Gun Club and that we will be welcome to return in the future. 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Question 1)'How:have`the-histdric features; as documented in the 1987 study, been-affected by the Gun Club's stewardships The 1987 study.Was flawed,•because:it did not take into consideration all that;has happened to the property since May. 23 193.8 when the property,was.transferred to the City.of Ashland. For example, • What changes occurred to the landscape associated with the dry ice plant that was built on the property in 1944? There is no mention of the 30 or so wells that were drilled, or the settling pon&:that formed as the result of,the'removal of carbonated water from the wells: • What additional changes occurred when the dry ice plant was razed in 19557 • What historic features were changed when the McGrew Brothers Lumber:Mill-dumped thousands of yards of sawdust- on the-Property' • What historic features were changed when the;City leased A ..portion of the Lithiu Springs property to the Ashland.Lancers Motorcycle:Club Inc. for. a racetrack in March, 1971?What soils,were moved,and changed for the sake of motorcycle racing The Ashland Gun Club has been in existence since before 1953. We officially signed a lease for use of the property with the City of Ashland on May 21, 1968. Since that time, we have protected the parts,of.,the property over whlch�the lease gave. us control The only damage that.has occurred:.under our watch has been from the elements, such as water'absorbing into the concrete and freezing, causing the exterior to flake off in places. All other concrete foundations are protected from human interference by the placement of berms to protect them. t It appears that the Historical,Committee did not take into consideration of all the uses and abuses the property has undergone since in 1915. Question 2) Target bunkers appear to have been increased from 2 to 10 since 1987. Has this massive redistribution of soils compromised or destroyed the archeological study potential? According to,our lease with the City of Ashland,our berms must be 12 feet tall. This has been accomplished without redistribution of existing soil on the property. The property is designated by the City for placement of excess soil and other materials. When possible, we have worked with the Parks, Water, and Streets departments in directing where the soil is placed. Doing so has'allowed us:to build the berms while at the same time protecting the areas of concern and not disturbing- the contour of the land (except-at the locations of the beans themselves). We have not disturbed destroyed any a- eologipp; study potential Question 3) What is.the impact of lead and debris from gunshot activity? Is an environmental evaluation needed. to determine the effects on soils and water quality? The City has some experience in this regard, after a cleanup was performed on the Reeder Pistol Range. The purpose of the 12-foot berm and side berms is to confine all lead projectiles within a small confined area. The lead is. monitored`and, when necessary, is dry-mined out. This process is very similar.to using a dry sluice box in gold reclamation. The water quality,of Emigrant creek is evaluated, at least once every year at a location near the airport and is consistently clear of any lead contamination. The City of`Ashland Water Department also-monitors; the'uthia Water on a regular basis. Due to-'the high water pressure and high mineral content of the'artesian springsr the lead does not degrade and enter the water table. Question 4) If there is an expensive environmental cleanup required, does the Gun Club have sufficient funds to pay the costs involved? Z. Due to the constant monitoring of our range and confinement of lead.in our berms any cleanup beyond our.current maintenance:;wouid be minimal Question 5) Are there-alternative sites for the Gun Club:activities whichwould have less impact on the'areas of-concern as listed-above? The current Ashland Gun Club site is the most practical location ,available.The Gun Club is used by the Ashland.:Police Department, the Talent Police Department, the United.States Fish and Wildlife Service Forensic Lab, the United States National Guard, the United Hunters and'Sportsmen (teaching children's hunter safety courses), and more than 400 Gun Club members (800 to 1200 family members). We are providing a location where training can be done without the need for traveling great distances and expending large amounts of money. We aren't aware of any other sites within a 50-mile" radius that will serve the purposes of the Gun Club.and its, constituents as well as this site. If a different sight could be located, the cost of moving from this sight to another would be cost prohibitive without the help of the City providing funding and manpower. I hope I have been able to address the questions the Historical commission has raised. The Ashland Gun Club has been in existence for over 65 years. We have been a part of the community and have been supplying men, women, and children, a safe and responsible place to train and shoot. My questions to the Parks Department would be: 1. Can the City protect the property from destruction from four-wheel drive trucks, motorcycles and other acts of vandalism? The Ashland Gun Club now does this. 2. Who would be able to monitor the property everyday as the Ashland Gun Club does now? 3. Does the City have monies available in their budget to cover the costs of maintaining the property, fences, and repairing the damage that will surely occur if the Gun Club is no longer on the property? The Ashland Gun Club now does this. 4. Can the city depend on the Sheriff's Department to regularly patrol the property and come out to the property 3 and come out to cite violators? The Ashland Gun Club currently provides protection from most acts of vandalism and other types of illegal activities on the property. S. How would the city protect the source of the Lithia Springs wel4 and pump? The Ashland Gun Club.currently does this. If you have any more questions.or documentation, please feel free-to contact me. Thank you for.your consideration. Bill Longiotti 541-621-0008 Vice.President Ashland Gun Club 4 F U Ashland Gim Club Attn:`Chuck Parlier LA PO Box 953 Ashland, OR 97520 April 10, 2004 Dear Mr. Parlier, I would like to take this opportunity to let you know what a valuable asset the Ashland Gun Club is to j7e Ashland Police Department- The police department has been using the Ashland Gun Club regularly since 1997 in order to train its officers in firearms, specialty impact munitions, use of force and other related skills. The range facility you have created for the police department has allowed us to increase our training in an area that is critical to the mission of the police department. I have seen an increase in our overall firearm proficiency and qualification scores that I believe are a directly attributed to our use of the Ashland Gun Club. Because of the proximity of the Ashland Gun Club our firearms instructors are able to take officers out to the range for one on one instruction during their scheduled shift. This one on one time has.improved the skills and confidence of our new officers as well as given our veteran officers additional training as needed. Several of our officers also use the range on their-own time.to work on their firearm skills. I know this wouldn't happen if they had to go clear to the Jackson County Sportsman Park in White City in order to shoot. If the Ashland Gun Club were not available to the police department we would be forced to share the use of the Jackson County Sportsman Park in White City with the other law enforcement agencies in Jackson County. With the use of the Sportsman Park, the city would incur additional costs for transportation and travel to and from White City. Our training time would be ' cut and during a typical 8-hour training day we would lose at least an hour and half for driving time. In addition our one on one training time would be eliminated and the amount of actual range time both on and off duty would decrease. The Ashland Gun Club is important to the success of the individual officer and to the Ashland Police Department. Its location, convenience and facilities have provided us with a training environment that if lost, would directly impact the Ashland Police Department and the City of Ashland Sincerely Kirk Cromwell Sgt.,Patrol Simpervisoi: Ashland Police Department ASHLAND POLICE DEPT. Tel: 541-482-5211 -Fax: CITY 1155 E.Mein 541-405351 O F. AeheiM,OR 97520 TTY: 80D735-2900 ASHLAND w .e9n1911dmxs HLAN VV- Aooew : �� ` ASHLAND POM DEPT. Tel: 541.482-5211 1155E Main Street Fat 541-4883351 CITY OF Aehiand•OR m: eoo.735-2ea ww.ehland.or.u ASHLAND y,. i r f _ a J Il �. f _ I I • I wx V. fir BOB RECTOR CITY OF TALENT Chief of Police POLICE DEPARTMENT April 20,2004 Ashland Gun Club Attn: Chuck Parlier PO Box 953 Ashland,OR 9752o Dear Mr.Parker, The purpose of this letter is to express appreciation for the excellent firearms training facility that currently exists at the Ashland Gun Club. The Ashland Gun Club complex has training facilities that support firearms training for handguns and long guns,with which we are regularly required to train. The location of your facility is much closer to our agency than the alternative training site. We very much appreciate having both the quality and convenience of your training facility available to us. The only alternative for firearms training for our department involves a 3o-minute drive to the White City Range Complex. The added cost for travel and officer time to that facility adds up to a substantial amount over time and it is my hope that your facility remains avarable for this critical law enforcement training. Sincerely, Bob Rector Chief of Police 604 Talent Avenue / P.O. Box 445 Talent, Oregon 97540 Phone (541) 535-1253 Fax (541) 535-8259 OREGON ARMY NATIONAL GUARD Headquarters and Headquarters Company 1"Battalion 186'"Infantry 1420 E.Main St., Ashland,OR 97520-1310 WPRPTO 08APR04 MEMORANDUM FOR ALL CONCERNED SUBJECT: ASHLAND GUN CLUB AND RANGE Speaking as the Readiness and Training NCO for the Headquarters of the local area National Guard units, I urge that the Ashland Gun Club and its-Range be maintained in its current status of club and community use. Many local citizens are serving their community, state and nation by service mi the-local-National Guard units. Throughout the year these citizen-soldiers keep their skills sharp and meet qualification requirements as soldiers thru use of this Range. Without the,Ashland Gun Range;these soldiers will have to utilize.precious tax dollars for transportation to distant ranges,affecting all taxpayers. Without this range,the military qualifications they need as -' soldiers will be adversely affected, which;again,impacts the whole community. Without this range, a tool that offers important t raining and recreation forall citizens of this area will be adversely affected. To us;in the.National Guard,having access to this:range is important for the readiness and soldierly survival skills of ouc soldiers who are our neighbors,son and husbands,and employees. Do not take this away from them. . Point of contact concerning this matter is the undersigned at(541)482-3566. GUARDIANS OF THE WESTERN GATE MARK E. KELLER SFC,ORARNG Readiness NCOIC OREGON ARMY NATIONAL GUARD 186th Guard Officer Leadership Detachment ' 1250 Siskiyou Boulevard x� z Ashland, Oregon 97520 1861' 6.O.L. 1. AROPT-186 GOLD 05 December 2004 MEMORANDUM FOR Ashland Gun Club, P.O. Box 953, Ashland, Oregon 97520 SUBJECT: Weapons range use. 1. The 186u' Guard Officer Leadership Detachment of the Oregon Army National Guard is interested in continuing the use of your weapons range.. The Guard Officer Leadership Detachment. (18e G.0.1.13 repla ced the existing R.O T.C. program at Southem Oregon University.and is a vital tool for the Oregon Army National Guard. to recruit young officers. Without the generosity.of the Ashland Gun Club our Officer Candidates would have to travel to Astoria, Oregon to qualify with their weapons at a much greater cost to the taxpayer. Our program is indebted to your club and-would dike to offer to help fix and or maintain your facility: The 186k' G:O.L.D. would like to continue to use your range in the spring and the.fall as well as a small number of visits by our instructors to maintain their skills. 2. Point of Contact is the undersigned at.(541) 552-6409. Please feel free to call and set up a time we can talk about our soldiers conducting facility, maintenance and the fees associated with membership. S - R. IRVING SFC, ORARNG G.O.L.D. NCOIC United States Department of the Interior R, FISH AND WILDLIFE SERVICE Office of Law Enforcement Clark R.Bavin National Fish and Wildlife Forensics Laboratory 1490 East Main Street IN REPLY REFER TQ Ashland,Oregon 97520 , April 12, 2004 Chuck Parlier President, Ashland Gun Club P.O. Box 953 Ashland, OR 97520 Dear Sir, On behalf of the National Fish and Wildlife Forensics Laboratory I would like to thank you and _ your organization for your continuous support of our laboratory through the use of your facilities. The primary function of this laboratory is the investigation of wildlife crimes. Many of those crimes involve the illegal killing of protected species as well as big game animals and game birds,with the use of firearms. We do not have a test-firing capability at this laboratory, therefore,we rely on local firing ranges when we test-fire rifles,handguns and shotguns,to obtain bullets and cases for comparison to crime scene evidence. We have used your range for test fires since the laboratory was established in 1989. Alternatives to your range would include the Jackson County Sports Park in Wbite City( a round trip driving distance of approximately 40 - miles)or a gravel pit in the Ashland area.,where safety becomes an issue. Sincerely, Michael D. Scanlan Senior Forensic Scientist-Firearms j, s _ oi l ' 1D HU`���n UNITED HUNTERS AND SPORTSMAN INC. J _ n P O BOX 3728 j19 CENTRAL POINT, OREGON 97502 j� 26 March 2004 To Ashland Parks Department: It is with this letter that I respectfully request renewal of the lease of the Lithia Springs property to the Ashland Gun Club. I am an NRA Certified Firearms Instructor;au Oregon Hunter Education Instructor as well-as a member of`the Ashland Gun Club. Over the many years that I have been an instructor for the National Rifle Association and the State of Oregon, I have utilized the facilities at the Ashland Gun Club to instruct firearm safety classes involving the general public.These classes involve both male and female students and have involved ages from 7 years to 75 years. In the past three years alone,the number of students attending adult firearm safety classes at the Ashland Gun Club number well in excess of 125.The Oregon Hunter Education Program students utilizing the Ashland Gun Club for the"required live fire"portion of the Hunter Education Program will number in excess of 225 per year. Loss of the lease would be the end of shooting sports in the south Rogue Valley. _ It would disenfranchise some 400 plus Ashland Gun Club "Family memberships" which involve in the area of 1000 persons. It would create hardships and safety issues for the Oregon Hunter Education Program by lack of local "safe" shooting facilities with which to perform activities required by the State of Oregon. It would eliminate"practical".firearms qualification shoots and practice for local Police Departments and create budgetary problems for them. It would displace to some other venue the"Jefferson State Regulators",a "Cowboy Action Shooting" entity that through it's competitive "shoots" attracts people from other areas,including"out of state"that increases revenue for Ashland. It would eliminate three separate"shot gunning sports",trap,skeet and sporting clays that are a very popular activity at the Ashland Gun Club. It would displace to another venue,The Oregon National Guard and their utilization of the Ashland Gun Club for qualification shoots. It would disenfranchise the 60 to 70 member Ashland Archers,who utilize Ashland Gun Club for sight-in procedures as well as a rather sophisticated"walk-thro"3-D archery target range.The Ashland Gun Club boasts the ONLY outdoor archery range in the valley. The.nearest others are Keno,Merlin and Yreka Loss of the lease would also displace the U.S.Fish and Wildlife Service Forensic Laboratory,which utilize the Ashland Gun Club for the test firing of firearms in the ballistic field,where they are instrumental in the prosecution of not only wildlife violations,but also homicide cases. In all,loss of the Ashland Gun Club facility would deprive hundreds of Ashland and Rogue Valley residents of a location at which they can safely enjoy the shooting sports: Jack Sutherland 11200 Highway.99 South Ashland,Oregon 97520 (541)4$2- 3467.. Ashland Daily Tidings April 1, 2004 Safe on the range Story by Bill Choy . Gun safety is vital for all hunters, especially those new to the sport. That's why there are hunter education programs throughout the Rogue Valley, including the Ashland Gun Club. Students, most 12 to 13 years old, take the education classes, which require 12 hours of classroom time and learning gun safety out on the range. The program is taught countywide and Is affiliated with the Oregon Department of Fish and Wildlife. . &� Anyone under 18 who wants to get a hunters r "j license is required to take the course. ' l Training includes firearms handling, hunter responsibility and ethics, hunter conservation, Billy Uric,10,ofMcdford aims a target during a tweet and first aid and survival skills Ph oby Sabuki Doi on at Ashland Gun Club- by club member and instructor Jack Sutherland of Ashland said the classes and training make quite a difference in his young pupils. He has had heard of students who have gone hunting with their parents and have corrected them on their hunter safety protocol. "They're giving there parents pointers," he said. "The dads are quite impressed with the program, which feels good." Diana Bauman, Jackson County area coordinator for the Hunter Education Program, said in the 16 years she has been in the program, all the students who have completed the course have a clean hunting safety record. "I think it definitely makes a difference," she said. "It helps prevent accidents and teaches them how to appreciate our sport. It's a great experience for all involved.' rr s r 1=� � __ .. lt Y y \�I , s !. •f7• ;[ ?w,l 3� F(��.r- �l S �-c it: ,< ! ( r , 1 yr it �d ���h 1-/"m'�✓ l�V t llt �t r tli rll 1��1 ( 1 l lr I ( 11 lil n r� 1.eP�4"'1 1 l A'lll/ r 1 f r \ t f r - , f fr, ' '! ✓��} ,r x i�!}` „ Il}�1 )' } It r r�lr�r! 'if �,l 1 ,c �r � � �(rh r � rte', ! ,f� ,t (�2'�✓}}rvl(�'{,.1yi�ri(1 j,'t iJ fllfl 1, ;4 LI I/1S( Il,�li�tll 11 l�j�, Ij r�liy��`�---'Ae' V! - t'/��Illjr �� 1 .' 17i 11' 11 {I iry S.t F rL� 'uICFr �! I �I!!. fll ){V6r lf� V4 �I Cr f \ 1,,p. � 1 L0 /\ ✓ I ...-7 1r r al,. 'i ,..t �'a 4(y1'11 i'Jlyl/�, lYll it"{ ,ro,1V r�s st°� � ') / . Y11rsl al4i'111 Irr r!?t i�117 nil if i� I If i us,..t (•Y`t'"(-'� I �/ .rry f PYp yl/i,r Il'/Yfl /',14 NI,I�J. L f Srl !�j "'lf.- ; jG igf1 �- r 7tt tl si , re..3LA rgd) r, �Ir1 •e fly. 1 • � d�� 1 v i.� l C . ••�Y 1/P r .fV l � i u: Alt �ca` i t tl PI 1 To all concerned; Ashland Gun Club lease My name is Rick Georgeson. I am the president of the Ashland Archers, a division of the Ashland Gun Club. I am urging the Parks Commission to allow the Ashland Gun Club to continue serving the local community by extending their lease. We have wide range of members from target shooters to hunters who want to hone their skills, from young families with their kids to a member close to eighty shooting on a regular basis. We have several shoots a year that are open to the public and have an annual campout and shoot for members. There isn't a better place in the valley to meet other people who are into archery.We have an annual pot luck at the range for archers to meet other archers. Our range consist of a sight-in area with berms on three sides and targets from 20 to 50 yards. There is a 28 target walk through course that is set up somewhat like a golf course. Targets are at all different distances and up and down hill. Our course was approved by a National Field Archery Association field inspector before we opened it to the public. The _ closest public archery range to us is, Merlin, OR to the north,Keno, OR to the east, and Yreka, CA to the south. There just isn't_a safe public place to shoot.in the Rogue Valley besides us. The Ashland Archers promote archery safety and help new archers to learn about the sport. Archery has been for years the fastest growing hunting sport. Archery isn't something you can do efficiently without a lot of practice. I am afraid that without our range a lot of people would have no place to practice and would go hunting without the skills they need to humanly kill an animal. Other people would just have to give up a sport they love for a lack of a place to shoot. Please help us continue providing a critical need not just for Ashland,but for archers all around the Rogue Valley Thank you, Rick Georgesonn President Ashland Archers Treasurer, Ashland Gun Club el , a � T d L r c fr , r s. s' I � r 3 j Fin- p WE KU THE JEFFERSON STATE WFERS4DN REGUI ATORS . gem E.Nusaba=4 President TATS A R A Sourdough Smoitty 3A33#45774 j. 5597 South Fork Little Butte Creek Road Eagle Pomt,OR 97524 EGIILATORS (541)826-2933 "COWBOY ACTION SHOOTING! IT' S A THING OF THE..PAST, -AND THAT' S THE WAY WE LIKE IT! " April 10,2004 City of Ashland Parks Department: My name is Kevin Eric Nussbaum,as President of The Jefferson State Regulators,an Old West re- enactment club,and as a fourth generation Jackson county resident still residing on our Lake Creek _ Homestead,I would like to address the issue of guns being compatible with and/or a part of history and" the continued use of the Ashland Gun Club location. Each month(on the 3rd Saturday) 35 to 45 history buffs gather at the Ashland Gun Club to bring back to life the late 1800's. This is the same time period Jackson County was being settled. For many of us our interest started with stories of our pioneering ancestors and by handling the irreplaceable heirlooms that we still possess. If you would like to know both the value and the price of western heritage, ask a Cowboy Action Shooter. After all,the items most often handed down from generation to generation " are photos, jewelry,watches,and firearms. As an extension of this interest we now use reproductions of both the firearms and of the clothing, some of which are-made by the competitors themselves,to add individuality,creativity and discussion to our competitions. If you would like to know how things used to.be made,again ask a Cowboy Action Shooter. Our members include;people who forge steel,cast brass;form leather,sew clothes and work with wood in order to recreate the items we cannot buy. Our annual shoot attracts 90 plus competitors,about 60 men and 30 women,and their family members to the Ashland area from Oregon, Washington,Idaho,Montana and California. This annual event serves as a competition,bazaar,reunion,right of passage,history lesson and a chance to visit the local stores and restaurants some of which have roots in western history. During an average year the Jefferson State Regulator's monthly matches host a total of about 550 competitors. Many of our members also use the facilities during the week for practice and training and often volunteer their time for work-parties that include maintaining the buildings,berms,firebreaks, weed-eating,raking,and yes,painting and cleaning the toilets. The Ashland Gun Club is special for several reasons: It provides members with a long established well-maintained facility in which to practice. It provides a place for families to pass on traditions and history to the next generation. It offers a training facility for hunter safety classes, sportsmen,local law enforcement personnel and National Guard troops and for testing purposes by the U.S.Fish and Wildlife National Forensics Laboratory. And of course the people;mentors who teach safety,respect, cooperation,community service, and sportsmanship. They have invested generations of sweat equity in creating a place to be proud o£ I'would:like to thank the City of Ashland for giving proactive history buffs lice the Jefferson State Regulators the opportunity to relive our history while enjoying our favorite sport,and ask that the lease be continued so that history can continue to be relived,remembered and passed on to others. Sincerely, y Kevin Eric Nussbaum Ashland Parks and Recreation Commission April 21,2004 Ashland, Oregon Dear Commission Members; I am writing with regard to the proposal you are considering to designate the property presently leased to the Ashland Gun Club(AGC)as an historical site. I urge you to extend the AGC lease on the property,regardless of whether you decide to apply that designation to the site. I have resided in the valley since 1964,and recently retired as Professor of Geology at Southern Oregon University. I have long enjoyed shotgun shooting sports, and it is this activity at the AGC that I wish to address. Before the property in question was leased to the AGC in 1968 it was necessary for me to travel to the Medford Gun Chrb on the Crater Lake Highway to shoot a round of skeet Shortly after the AGC leased the present site,hand gun and rifle ranges were built, and most activity immediately thereafter consisted of plinking with handguns and sighting in rifles prior the hunting season. I was grateful for those facilities,as finding a safe place to sight in a rifle was always a problem. Many local gravel pits and deserted roads were littered with riddled targets, broken glass, and punctured tin cans. There were no shotgun ranges at the site for some time after the lease was awarded. Over the years I have belonged the AGC we have constructed three separated ranges for shotgun shooting sports. These include a trap range, a sporting clays range, and a skeet range. Each of these ranges required considerable construction on the site, including pouring concrete walks and pads, installation of the machinery to throw the clay targets and buildings to house them, and electrical systems to operate the equipment. These facilities were constructed using the gun club funds for materials and machinery and the voluntary labor of its members. Each of these ranges now"serves numerous shotgun enthusiasts. Many of the shotgun shooters are retired and living in _ _ Ashla d,and I often bear them comment that they are pleased to find such a convenient and accommodating facility available to them I regularly come from Talent, and other club members come from all around the valley to use these ranges. In fact,there is no comparable facility in the valley for the sporting clays range. The time,money,and effort that have been devoted to developing,improving,and maintaining these shotgun ranges is substantial It is an important asset to the Ashland and surrounding communities. I think it important that the Ashland Gun Club be allowed to maintain their lease for those participating in the shooting sports. Yours truly, "41 .. 6. William B. Purdom 2300 Zemke Road Talent, Oregon cc:Ashland Heritage Commission _ rtt � e - / � Y I.L Jfm I J Ashland Gun Club Presents . . . Public Sight-In Days When: Sept. 27h &. 28h 9 a.m. until 3 p.m. Where: Ashland Gun Club Range Across from Ashland airport (1/2'mile up Dead Indian road, then turn on Emigrant- Creek road. Go. V mile, range on left). Bring: Rifle, Ammo,, Ear Plugs, Eye Protection, Targets Provided: Covered Firing Point, Bench Rests, Target Frames, and Assistance if needed. - - � rg s-0;61"if�R g xrsiYx'. z T-..s J tr~ zr' 's.r-'.., '-�'. ' Y'C'")f. yy�A� 4 k3..;�,ti �., )r..y sc`" bWk�8 y r $# d 2•,'�.5t�' .. :. H�`•• `�C)J A - i �" i^ tit. % F }i ,54.d —, a �"�s '% �SFtLA1�likf 'Irk2ULES r/ INi 1 (�a€ QRtNTATtON `r 4�" � -.- yY"—u� rC-S ,t� + t4 �]� ; lorefrdrtr,7 40 am tiusvueelcdays, and,8 ©OF am�d6+sF+wepkWdnds k £ 2 I Ni aloo i l drugs"v 11 he broug it onto orRusec� on AGC prQperCy }Yom` owe ue[ier, tfe utfiuenee shall ;enter AGC property j � 3� ,Alt fi�Ea ns`wal`bezma+ntb+ned, wzai $vnt ailed condition ezdept'when v �. d x-. p k'ya , fin-szr ;,;POIRe �'dOytn rsaige a(ld,�Oncth� f1Rng`tliRe}�,FAI[ actlors,{WI�{'Afem'dIR q PR open except when the firearm ss In use When holstered, pistols are k '' w;;a Icons+deredtsafer' When eo a a>�e do N > P Pl wr} riiiJe tio�ts are op�ri�arid r irk o=no` hai5dl+ngz ofi fireafms0,,-., ; {° Y' xARffirearins v�ill be unloaded where changing fi'1170 l statroff t'b' station ; 1315tOIS.,tiShOA1gd a«hotSterP.C�'w{lewin ngr`on,the- fire dine ';g )M+no�smust lie�upervisedkby;art adutinemberawher ills are at the }`rte � rrt ` 1 aGG rf Guests using the dFby an AGC�meyr itier;'rnust {.,���'�r;�' �;sign an, ;and,Rius� IWEVER be glyen the aces§��code`tc��►et entr�nee gate_ ' r PP y Any AGC member breaching th+s rule. wdF1iave their_ membership �4llpeOpre� uSingrt�ie range rflUSt Sign Irl f *�zi a` n§ r? 3 Ito fully autoriiatrcrearmsY will be aired on fiiil auto" -0R 4GC property K.13 Y 4' Z 55 1 t'{d'(•�, t Y � f ( .Y .1 n l�lo Shot lar en than #Z11� as :allowed"flrx the'tra Dr S ©rt+n A -a span a*s/a ` < g a , P g y g ° ° � All larger shot must be fired on"this rifle range and the memberris mspons+bfe #or supplying their own arget SSE eT r r - C?v , y k ✓ e + ^< ' < ;gin a r e, r Ai{ firing rs,�o be at paper targets on£tfie target stands, or approved ta, � steel targets r N© shooting'bottles, boxes, jok`other non sppro�i`ed targets 1^' Remove.-.,,a ll paper targets, etc from all startcls and take therr►,home vwffi THE,AGC DOES NOT HA E GARBAGE SERVICE CleansupNafter yourself < c r 77 u Always';be,sure of gout taFgettand backstops ' l2 The wildiife at=the AGC issprotected andi)must never be harassed a menace or endangered iii any manner ' rN3 ,1 { Pleases observe•the speeds hmif 'No peeling out or cutting#donuts +n the " fi parking ,lot S r tCaoperat+on 'and friendliness is the motto off AGG�, Be poliie ;artd ^x; _z intCOduce yourself to osiers• Check to see $if the}r>a« iierrbers 4': na c A�yOne Susp+cious or doltlgS something agaa+nst =the rules rot acting +n " ^) Kok yaiE#� safe manner should be reported = TafCe Ydownx the name}arid/cis w {c' license number andMgnre it to,sone of the club',offrcers 5r7his is our dt5 and it takes each oils' of us to keep safe for everyone r t w` t fY f !! s r c � r We feel the 26 acres the City leases to the Ashland Gun Club is a great asset to the community Please consider us a community service organization as well as,a -club Thank You When you have no further need of this folder please recycle to the Gun Club by returning it to Mike Morrison (Ashland Public Works Department) Y ;a o _ I f _ # 1 f". Ir WL Z J I. \ J f:9 If e "V kw. f�s. To Barbara Christenson JUC City Recorder 3 From : Cate Hartzel July 13, 2011 P& On behalf of the people submitting this document, please include this document in the packet for the City Council Meeting on July 19. Please see that the City Manager and City Council get this information this week. Thank you. Cate Hartzel July 13,2011 TO: Mayor Stromberg, Martha Bennett, and Ashland City Council FROM: Julie Norman,Bill McMillan, Kim Shelton, Marea Claassen,Ed Claassen, Dana Carmen, Bill Tuck,Nort Croft, Linda Croft, Linda Sussman, PhD, CC Byrd, John Byrd,Kate Geary,Vitaly Geyman,David Lorenz Winston,Jim Chamberlin, Mac Holbert, Sean Bagshaw, Matt Witt,Lewis Anderson,Gaelyn Larrick, Tom Glassman, Geri Mathewson,Teri Dixon,John Bruckman, Barbara Bruckman, Laura Driver, Samuel Glickel, Karen Horn, Len Lea, Diane Lea, Susan Rouzie,Bob Altaras, Udo Gorsch-Nies,Lynn Bazzell, Nancy Bardos, Sabina U. Nies, Shoshanah Dubiner, Dot Fisher-Smith,John Fisher-Smith, Miles Frode,Pam Vavra,Cate Hartzel,Anne Coyle,and Carol Schneider RE: ASHLAND GUN CLUB In preparing recommendations for the City Council to consider relative to its proposed renewal of the lease with the Ashland Gun Club, we have identified the following principles that are relevant to this issue. SUMMARY: A. The Lease must not be renewed. Due to the inadequacy of the proposed Lease, the City must not renew it at this time. B. The City of Ashland should assume a high standard when investigating and cleaning up hazardous pollution on public land. Existing lead and other hazardous pollution should be cleaned up to the highest standard. The City has not yet determined the extent of hazardous pollution by the Ashland Gun Club in water resources and on land at the site. If it were not for the efforts of Ashland concerned citizens, the City would have accepted the flawed results of the study it contracted. The City's behavior in this matter is inconsistent with the Valdez Principles, which the City has adopted. C. The City of Ashland should not sanction continued pollution of public land.Lead and other hazardous pollution of the land]eased to the Ashland Gun Club is harmful to humans and non-humans and should stop immediately. D. The City of Ashland should exercise more due diligence and require more accountability than it has before assigning responsibility of hazardous pollution cleanup over to an agent. There is no evidence to believe that the AGC has the will or financial capacity to perform the level of cleanup targeted on the site. As drafted, this proposed Lease fails to require cleanup activities until the Ashland Gun Club vacates the site, which may be 25 years from now, or 2036. The City of Ashland should exercise more due diligence and require more accountability 1 before assigning responsibility of hazardous pollution cleanup to the Gun Club. No clear and specific benchmarks and monitoring must be established within the proposed Lease. For example,the City is essentially foregoing rent on the assumption that the Ashland Gun Club will invest heavily in cleanup activities,yet does not even require that the Gun Club present an annual report to the City on its expenditures and activities. E. The City of Ashland has a duty to protect resources that have established historic value and to maintain them in the public domain whenever possible.Historic sites are a public resource, the protection of which must be guaranteed immediately. Access for the general public to historic sites located on the Property should be greatly expanded. F. The City of Ashland must protect its public assets. In 1968, the City, in good faith, leased rural land to the Gun Club. The heavy pollution caused by Gun Club activities has devalued this public asset, potentially by millions of dollars. Since 1968, the City has leases the property for$1.00 per year. The City Council must act to protect this public asset. Concern #1 - The Gun Club site has been a hazardous waste site since 1968. The Gun Club site has been contaminated with hazardous waste for over forty years. Hazardous waste ranges from lead in the water, soil and wetlands of the site to hazardous waste that was dumped by the City over the past thirty years, as "fill". Lead Contamination The Brown and Caldwell report measured lead at rates of up to 131,000 mg/kg on the site. This is nearly 10,000 times higher than the expected background level of 17 mg/kg. This report shows that the ground, as would be expected, is very heavily contaminated with lead from gun club activities. Despite this finding, the report is considered incomplete by the Oregon Department of Environmental Quality (DEQ) as it did not measure lead contamination in many areas where it would be expected due to the current and historic set up of the gun club. Berms and shooting ranges have been continually relocated on the property for the past fifty years. So, in all probability, the contamination is much worse then we know at this time. The Gun Club has contaminated much of the 32 acres under City ownership in a way that has greatly devalued the land. The continual deposition of lead for the past fifty years, with no cleanup ever having been performed,has created a parcel of land that is highly contaminated. It takes at least 10,000 years for lead to dissolve. Thus,the only way to remedy this situation is to provide for a comprehensive clean up of the property that removes lead from the land, water and wetlands so that it is no longer a threat to humans or the environment. Berms and other City "filled" areas The City of Ashland has been dumping street sweeper debris and other debris on 2 the site for many years or so. Sweeper debris may be made up of a variety of substances including heavy metals such as cadmium, asbestos and copper and oils, asphalt, garbage, litter and other debris. Tens of thousands of cubic yards of sweeper debris have been dumped on the property. We believe that wetlands have been filled with this debris and that Gun Club berms have been built with this debris. This fill was done without a permit issued by the Army Corps of Engineers, as we believe is required. Much of the time fill was occurring, the City did not even have the required permit from Jackson County.In addition, there is evidence that other materials, such as metal drums, plastic buckets and old plastic PVC pipe have been dumped on the site by the City. What was in these buckets and drums? We don't know. None of these items were allowed by the permit issued by Jackson County. We believe that the dumping of sweeper waste and other, non- permitted debris has also contaminated the site with hazardous waste. In 1968,the City of Ashland leased thirty-two acres to the Ashland Gun Club. At the time, the land had a market value that was similar to other adjacent properties. After nearly fifty years of contamination by the Gun Club, however, the value of the properly has been greatly reduced by the high level of lead and other contaminants that now exist on the property. The Ashland Gun Club has a fiscal and moral responsibility to maintain the property in a non-contaminated condition that is similar to the condition in which it was received. The City Council also has a fiscal and moral responsibility to its constituents to ensure that this City asset is properly protected from devaluation. Anything less is irresponsible. The cost to clean up the property is increasing (currently the incomplete cost to clean up the Gun Club is nearly $1 million)by the day due to the additional lead that is being deposited on the property and the high and steadily increasing cost of cleaning up the area. WHAT WE WANT: The most responsible position that the City could take is to: 1)Clean up the area as soon as possible. 2)Require only non-hazardous shot and bullets so that additional hazardous shot does not accumulate on the property. Concern # 2 Ashland Gun Club Trap and Skeet Puts Lead Shot in Wetlands and Violates Clean Water Act when Lead Migrates into Emigrant Creek In the Oregon Department of Environmental Quality's (DEQ), File Review and Environmental Status ECSI 5384, Geoff Brown noted that nearly every range design and environmental management document strongly advises against shooting into wetlands. He reported a wetland is located in the shot fall zone of the Ashland Gun Club shotgun range. The draft Brown and Caldwell LEVEL 11 SCREENING LEVEL ECOLOGICAL RISK ASSESSMENT REPORT, Feb. 23, 2010 for the City of Ashland reported that their field ecologist)wetland biologist Stephanie McDowell detected a hydrogen sulfide odor (similar to rotten eggs) at Wetland B and Wetland D, on August 11, 2009, and reported this in her field notes(Appendix D). The Site Alterations Important to Wetlands section notes "Emigrant Creek appears to have been diverted from its original channel"(1.6.2) and "sections of Wetland B are located in a section where Emigrant Creek once flowed" 3 (1.6.4.2). "Wetland D is located . . . . where Emigrant Creek once flowed" (1.6.4.4). Hydrogen sulfide(H2S) is a gas readily soluble in water to form hydro-sulfurous acid which in wetlands B or D would convert lead ammunition to a soluble lead salt dissolved in the groundwater, thus able to readily migrate along the original Emigrant Creek channel and enter the present Emigrant Creek channel where they join. The Brown and Caldwell sampling plan for lead included no sampling where the old channel(s)join the current channel, despite the report acknowledging"Wetland presence is also due to substantial subsurface water supply originating from Lithia Spring . . .. and other springs". The City of Ashland does not have the right to introduce soluble waste into the waters of the United States. WHAT WE WANT: 1. More definitive testing to establish whether Wetlands B and D and their associated channels are contaminated with lead. 2, We support recommendations in the DEQ File Review and Environmental Status ECSI 5384 prepared by Geoff Brown for additional soil sampling where shot fall is high, generally at 300-700 foot distance from the shotgun firing positions, with further evaluation of groundwater and surface water based on soil sampling. Concern #3: "Permitted Use" Provisions of Proposed Ashland Gun Club Lease Appear to Violate Jackson County Flood plain Ordinance and Federal Endangered Species Act In a historically flashy floodplain below an earth fill dam not designed for flood control, and with a growing concern over climate change, floodplain liability, and the presence of threatened Coho salmon we have increased concern over permitted uses on City lands, especially where a 43- year surface accumulation of known hazardous heavy metal, including lead, could be mobilized and spread far downstream. The Draft Lease in "4. USE OF PREMISES, 4.1 Permitted Use". states the Ashland Gun Club "shall have right to construct ranges, berms, targets, target sheds, club buildings, and parking lots". These developments could encroach on a regulatory floodplain and may encroach on a determined floodplain when FEMA establishes a 100- year floodplain boundary. Such development may also adversely affect ESA-listed species. A 100-year floodplain boundary has not been determined for Emigrant Creek but an approximate inland A-zone 100-year boundary has been mapped by Jackson County GIS approximately 75-feet from existing Ashland Gun Club facilities. A regulatory approach to ESA—FEMA compliance for Oregon floodplains is currently being developed by FEMA and NMFS. But even in the absence of regulations, the City of Ashland has responsibility to establish that development on City lands comply with their Water Resource Protection Chapter of the Ashland Municipal Code,the Jackson County Floodplain Ordinance, and meet provisions of the federal Endangered Species Act. The US Fish and Wildlife Service has listed Northern California/Southem Oregon Coastal Coho salmon as threatened, and NOAA has identified the High Intrinsic Potential (HIP) streams for Coho salmon recovery in the Rogue River Basin. NOAA shows the 4 HIP reach in Emigrant Creek extends up-stream to the confluence with Murphy Creek, approximately 1.16 miles above the Ashland Gun Club lease site. The Brown and Caldwell Screening Level II Report mentioned Coho salmon presence in Emigrant Creek and Ken Phippen, Southwest Oregon Branch Chief for National Marine Fisheries Service, has stated that Bear Creek (and tributaries) should be an "important component of Coho salmon recovery" in Southwest Oregon. WHAT WE WANT: We want the City Council to understand that when flooding occurs as it has in the past, and will in the future floods have the potential to move lead into Emigrant Creek and further downstream into Bear Creek. This distribution of lead downstream would be expensive to cleanup. Concern#4 Heavy metals are toxic to Coho salmon Coho salmon, which is a threatened species, may be affected in the Emigrant Creek area. National Marine Fisheries Service has mapped Emigrant Creek up to 1.6 miles upstream (above) the Ashland Gun Club as having high intrinsic potential for Coho salmon. There are Coho salmon in nearby streams as noted by Brown and Caldwell and others. Copper, cadmium, and zinc have been found to adversely impact smoltification in Coho. These include decreased hatch rate of Coho eggs, limited downstream migration success by smolts, and reduced survival transitioning from fresh water to salt water in an estuary as smolts enter the ocean. Lead, also a heavy metal, has been studied in other finfish species with similar results, and work is continuing. The presence of lead or soluble lead salts may be a concern for Coho recovery. Such concerns are covered under the Clean Water Act and Endangered Species Act. At the national level there are attempts to keep lead out of fresh water systems with petitions to eliminate the use of lead sinkers in fish habitats. Leasing land to a gun club with wetlands, and adjacent to an active creek, which provides critical habitat for threatened Coho salmon, does not make sense or fit the way national legislation is evolving. WHAT WE WANT: 1. Cleanup lead immediately. 2. Use non hazardous shot and bullets Concern #5: Lead is hazardous to birds Birds of prey, waterfowl, waterbirds, and migratory birds are all prone to ingesting lead. Using Klamath-Siskiyou eBird(www.ebird.org/Klamath-Siskiyou), a regional citizen science tool that is managed by the Klamath Bird Observatory-Redwood Sciences Laboratory Avian Data Center and Cornell University Laboratory of Ornithology local birders have been documenting observations of bird species encountered in the Emigrant Creek and Emigrant Lake area. Eighty-four species that are vulnerable to being poisoned by spent lead from ammunition have been observed. 5 Examples of birds vulnerable to lead ingestion are Wood Duck, Mallard, Canada Goose, California quail, Green Heron, Osprey, Barn Owl, Great Horned Owl, 6 kinds of hawks, and 4 kinds of gulls, to name just a few of the 84 birds. Here are specific examples: 1. Mourning Doves are particularly susceptible to ingesting lead shot. They collect hard objects like lead pellets for their gizzards as part of their digestion process. Lead poisoning causes weakness, regurgitation and vomiting, anorexia and head tilt, followed by ataxia, blindness and eventually death. Lead poisoning has led to 20 million dove deaths per year in the US. 2. It is well known that this bioregion is a pathway for many migratory birds. The Klamath-Siskiyou eBird data show that Canada Geese and Mallards occur in the area used by the Gun Club. 3. Lead shot has been banned for hunting waterfowl in the US since 1991. There is a federal requirement to use only nontoxic shot for hunting waterfowl. 4. Predatory birds such as the Peregrine Falcon and Golden Eagle tend to eat lead- poisoned prey. Golden Eagles nest at Emigrant Lake and feed in the surrounding ° area of the Gun Club. Eagles who ingest lead shot imbedded in tissues of waterfowl die within 10 to 133 days. Sources of information used to draft this concern are listed below. These same resources have been circulated to the Ashland City Manager and City Council from 2008-2011 by Cathy DeForest: L Klamath-Siskiyou eBird data query: http://ebird.org/ebird/GuideMe?step=saveChoices&getLocations=hotspots&paren tState=USOR&bMonth=O 1&bYear=1900&eMonth=l 2&eYear=2011&reportTyp e=location&hotspots=L389873&hotspots=L389848&hotspots=L450847&hotspot s=L389882&continue.x=49&continue.v=8 2. Ingestion of Spent Lead Ammunition: Implications for Wildlife and Humans (Abstracts from Boise State University Conference, May, 2008) 3. "Lead poisoning in Wild Birds" USGS National Wildlife Center http://www.nwhc.usgs.gov/publications/fact sheets/pdfs/lead poisoning wild birds 200 9.pddf 4.Petition to the EPA to ban lead shot, bullets and fishing sinkers under the Toxic Substance Control Act Submitted to the APA by the Center for Biological Diversity American Bird Conservancy Association of Avian Veterinarians Project Gutpile And Public Employees for Environmental Responsibility August, 3, 2010 6 WHAT WE WANT: Use of hazardous ammunition at the Ashland Gun Club. Ammunition manufacturers now make a wide variety of non-hazardous, nontoxic, shotgun pellets and bullets that can replace lead ammunition. EPA has long held that when a non-toxic substitute is available, articles made of toxic substances should be removed. In the states that have mandated the use of nontoxic substance bird deaths by lead ingestion have dropped considerably. In summary what we want is for the Ashland City Council to ban the use of lead and other hazardous ammunition on the Gun Club site form this point onward. Concern #6: The Ashland Gun Club is a Financial Liability for the Citizens of Ashland The Ashland Gun Club has utilized a valuable piece of City property for over 40 years. The City of Ashland is now considering an additional 25-year lease of the site to the Gun Club, meaning that the Gun Club would be in control of the property for nearly 70 years, while paying$1 per year for rent. This is not a reasonable use of city assets. To make matters worse, even though the Gun Club leases only a portion of the 66-acre site, because of the nature of its activities no one else can safely use any of the adjoining property. The lease is effectively for the entire 66 acres! Although both the City and the Gun Club have been asked numerous times to provide information as to the residency of the Gun Club members, no information has been provided. Anecdotal information suggests that most of the members of the Club do not even live in Ashland. If this is true, Ashland taxpayers are liable for damages incurred by a special interest group, many of whom aren't Ashland residents. The City is assuming on behalf of its citizens, the liability that accompanies Gun Club activities. Gun Club members are for the most part responsible gun users and gun- use educators,but that will not mitigate the City's liability if someone is injured or killed by a stray bullet. If an accident happens, the citizens of Ashland will pay. These questions and concerns are not being asked from an "anti gun"mentality. They are questions of fiscal responsibility being asked in a time of great economic need on the part of the City. It is both unfair and irresponsible of the City Councilors to provide a special interest group, a group that is likely made up primarily of non-Ashland citizens, with what is effectively 66 acres of property, for 68 years for$1 per year, while assuming at the same time the liability for accidental injury or death caused by the activity. Of course, the most egregious aspect of non-responsible fiscal activity is the fact that the city will have to someday clean up the site, and it may cost millions. WHAT WE WANT: We want the City and the Ashland Gun Club to cleanup the site now. I 7 Concern #7: Scientific studies conclude that lead shot deteriorates in soil and contaminates the environment 1. "Much of the range management information contained in the US Best Management Practices manuals is now incorrect'(Ref 2,Pg. 3). 2. "Lead shot must be removed from the soil, the soil chemically washed, and further contact between lead and soil must be eliminated..."(Ref 3,Pg. 1) (for instance by using) "a concrete pad... covering the entire shot-fall area..."(Ref 2, Pg. 3) This, "will be far cheaper than dealing with the soil contamination if soil is exposed to lead shot..."(Ref 3, Pg. 1) in an ongoing way. 3. "Gun club members [must adhere] to a general responsibility... to not contaminate the land..."(Ref 3, Pg. 3). The City Council of Ashland must not ignore science. The best science must be considered and acted upon. In a comprehensive 2008 review of "Impacts of Lead Ammunition On Wildlife, the Environment, and Human Health—A Literature Review and Implications for Minnesota, "M.A. Tranel and R.O. Kimmel, working for the Minnesota Department of Natural Resources (MDNR), considered over 500 articles. These showed, "there is considerable evidence that the use of lead ammunition impacts the health of wildlife, the environment, and humans."(Ref 4,Pg. 1) "Over 130 species of animals... [including many local Oregon species, such as Barn Owls, Mallards, Red-Tailed Hawks, Turkey Vultures, Gray Squirrels, White-Tailed Deer, and humans] have been reported in the literature as being exposed or killed by ingesting lead shot..." (Ref 4,Pg. 1). At least, "15 recent studies [demonstrate] the impacts of lead ammunition on human health..."(Ref 4, Pg. 1). The science is clear. Lead shot corrodes in soils both in alkaline and acidic soils (Figure I attached shows typical corrosion of lead shot bullets). Corrosion starts within one week and can continue for a hundred years or more(Ref 4). Acidic soil conditions especially magnify the buildup of lead concentrations in soil (Ref 1,Pg. 152,Figure 2). Lead levels in controlled tests rose to 6-10 mg/liter of soil(over 10,000 times proposed safe levels), with soil lead levels of over 10,000 mg/kg reported(Ref 1,Pg. 149). The most dangerous situation of all for, "leaching of lead at ranges... [occurs when there are] free-draining soils above shallow, unconfined aquifers..."(Ref 2,Pg. 3). This is the situation in portions of the Lithia Springs property. It is far cheaper to responsibly remove lead shot and clean the soil. To wait for years, and permit the ongoing corrosion of lead into soil and eventual complete soil contamination is a far more expensive and dangerous prospect. WHAT WE WANT: 1. The science of the devastating effects of lead contamination on soils must be respected by the City Council of Ashland(Ref 4). 2. No ongoing lead contamination of the Ashland Springs property can be authorized in any way- 8 3. All soils currently contaminated with lead shot, must have the shot removed from the soils, soils must be chemically washed, and no further contact can exist between any lead shot and the soils (Ref 2, Pg. 3). 4. The City Council of Ashland and gun club members must adhere to a general responsibility to not contaminate the land(Ref 3, Pg. 3). This land needs to be protected for this generation and for generations to come. 5. The city of Ashland must follow the best science in its decisions. If the best science is unknown,the city must avoid any action likely to bring further harm, until the best science(concrete barrier under all shot fall areas)can be determined. References: 1. C. Rooney, R. McLaren, L. Condron, Environmental Pollution, Control of lead solubility in soil contaminated with lead shot:Effect ofsoil pH. New Zealand: Elsevier Ltd, Vol. 149,Issue 2, 149-157, 2007. 2. C. Rooney, Agriculture and Environmental Division, IACR, Contamination at Shooting Ranges, New Zealand: Lincoln University. 3. C. Rooney,New South Wales, Outdoor Shooting Ranges and Land Contamination— Considerations for Councils, Australia: The LEAD Group, Inc, 2010. 4. M.A. Tranel,R.O. Kimmel,Impacts oflead ammunition on wildlife, the environment, and human health—a literature review and implications for Minnesota, Minnesota: The Minnesota Department of Natural Resources (MDNR). Concern #8: Historic buildings at risk The Gun Club site has been found to be eligible for protection as a historic archaeological site. The source of Lithia Springs Water is on the property used by the Ashland Gun Club. Prior to early settlers,Native Americans used the Lithia Springs to take care of their sick and aged. Between 1911-1915 Lithia waters were developed by the City of Ashland to promote mineral treatments. The water was piped from Lithia Springs to the Plaza in 1915 and is still piped there today. Photographs from 1915 show a well-built building. Many rounds of ammunition have been put into the designated historic pump over the past few years even though the Gun Club has been told to not disturb the historic designation. Photographs from 2004 verify the damage to this site. After concerned citizens raised issues in 2007 about the damage to this historic site, in July of 2008,the Ashland Historic Commission unanimously passed a motion to fund a management plan for the historic Lithia Springs property. In 2008 The City received a grant for$4,575 from the State of Oregon to help fund the Lithia Springs Management plan and a few other activities. The Ashland City Council approved a plan by George Kramer to maintain and preserve this historic site.in 2008. We are grateful for that action. WHAT WE WANT: 9 1. The historic site needs to be restored and protected from further damage. The residents and visitors to Ashland need access to the historic site. Concern #9: Access to Public Land The purpose of publicly owned parklands in the United States has been to conserve areas of nature and historic interest, and to bring benefits of recreation, education, and historical conservation to our public spaces. The idea that a city or municipality would own property on behalf of all its citizens, and then deny all citizens any access at all to these public lands is anathema, and a clear misappropriation of the public trust. The city of Ashland, acquired the Lithia Springs property on Emigrant Creek, housing thirteen documented historic structures dating back to 1916-1917, has excluded the citizens of Ashland from free access to this City property during the last 43 years, from 1968-2011. WHAT WE WANT: 1. Citizens of Ashland who own the property must have free access to visit the historical structures (14 of these were identified in the city commissioned "Lithia Springs Management Plan"George Kramer, issued August 2009). Access must be frequent, on all weekends,year round, and access must be safe(unhindered by gun activities). 2. Any areas to be leased for gun club use must be relocated at least 100 yards away from any of the historical structures. 3. No shooting ranges,berms, or skeet areas can be anywhere near to historical Lithia Springs' structures or creek properties. Use of lead shot in wetlands is anathema and has been illegal by federal law since 1988. Concern #10: The Ashland City Council has not been transparent about their relationships with the Ashland Gun Club Citizens have, in the past, mentioned their concerns about the relationship of Ashland City Councilors with the Gun Club, to Gun Club members, and Councilors participation in Gun Club activities. To date, individual counselors have not been transparent regarding these relationships. It is imperative that the citizens of Ashland are informed regarding relationships that could influence how each Councilor votes on this important issue. WHAT WE WANT: 1. That each city councilor declare: a. Their relationship with the Gun Club, members of the Gun Club, or their use of Gun Club facilities, or b. Their lack of a relationship with the Gun Club, members of the Gun Club, or their non use of Gun Club facilities. 10 f} �\ «/ ,__ 6 months 12 months 7. is months 24 months Fig. L r�-,el.......... o I ort Pb hta in,uhald lot ut, 1. 24 months in Waarnakariri soil at field caPIVitV mmoUrc content and 25-C: %tol . . . . . . . e �® : CITY Of ASHLAND Council Communication Adoption of Economic Development Strategy Meeting Date: July 19, 2011 Primary Staff Contact: Adam Hanks Department: Administration E-Mail: adarngashland.or.us Secondary Dept.: N/A f� Secondary Contact: Martha Bennett Approval: Martha Bennett NPV"Estimated Time: 20 Minutes Question: Does the Council wish to adopt the Economic Development Strategy? Staff Recommendation: The Mayor appointed ad hoc Economic Development Policy Committee and Technical Advisory Committee recommended the attached Economic Development Strategy for Council adoption at their final meeting on June 13, 2011. Staff recommends that Council adopt the Strategy. Background: Council adopted a goal of revising its strategic direction in 2007. In 2009, the City Council adopted a revised goal that specifically called for: The development and implementation of a comprehensive economic development strategy for the purpose of: • Diversifying the economic base of the community • Supporting creation and growth of businesses that use and provide local and regional products • Increasing the number offamily-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors In the fall of 2009, the City Council appointed people to two ad-hoc committees, a policy group and a technical advisory committee. These groups began working in November 2009, and the process they followed is outlined in the draft strategy;beginning in the appendix. In addition to the work of the Committee, public input was gathered using ten topic based focus groups (Specialty Manufacturing, Retail/Restaurant/Lodging, Housing, Sustainability, Construction/Development, etc), as well as two public open houses and an online questionnaire. Strategy Focus The Economic Development Strategy provides policy and operational direction for local economic development activities. The City is an active participant in supporting the local economy through infrastructure improvements, allocation of transient occupancy (TOT) funds"and other day to day activities. To better focus City efforts in support of our local economy, the Strategy is targeted to a subset of our overall local economy. In addition to ongoing support of our tourism sector, the strategy recommends that the City focus on existing businesses that utilize a competitive advantage from innovation, Page 1 of 3 r 1 CITY OF ASHLAND creativity, design and technology to produce specialty and value added goods or services with a market beyond the local economy. This targeted approach places emphasis on growth from existing businesses as well as those that gravitate to Ashland for its quality of life and other amenities rather than from formal business recruitment that may create short term job growth but can be unstable and not compatible with our community over the long term. Maximization of the local business network As a parallel target to the business profile/attributes, the Strategy contains actions to increase local to local business purchasing, integrating local purchases into the supply chain, which replaces or substitutes goods and services that would otherwise be brought in from outside of the region. Regional Coordination The Strategy also relies heavily on coordination and collaboration with local and regional economic development partners as many different groups share common goals and objectives. In many of the strategy actions proposed, the City's primary function is to act as a facilitator between local businesses and local and regional partners that provide specific services and resources to ensure that local businesses are able to take advantage of the various services and programs offered. This regional collaboration also provides direction and resources to assist in the placement of new businesses desiring to make Ashland their home. Tourism Ashland's tourism sector plays a significant role in our local economy and functions similarly to a traded sector business in that tourism brings money from outside the region into Ashland's local economy. The Strategy focuses attention on increasing tourism events and activities in the fall, winter and spring to maximize the utilization of existing tourist infrastructure (hotels, B &B's, restaurants, etc) providing more seasonal stability to tourist related businesses. Additionally, the Strategy encourages the development of programs, events and activities that expand the diversity of the demographic profile of our tourists reducing our existing reliance on Ashland's significant theater related tourism. Public Infrastructure The ability of businesses to succeed depends on access to the tools needed to operate. The City is a major contributor to the transportation and utility tools many businesses need to succeed. Several actions in the Strategy direct planning and future infrastructure resources to these critical tools. The use of urban renewal to fund needed improvements in our commercial and employment cores is one example of project and funding planning needed to ensure that local businesses have access to the tools needed to thrive. The City also has a role in how the development of property occurs and this Strategy recognizes the input of many who had concerns with the regulatory process required to construct and operate a business in Ashland. Removing unneeded land use code obstacles and a more collaborative relationship between the City and development applicants are two key issues addressed in this Strategy. Page 2 of 3 CITY OF ASHLAND Implementation Six of the thirty-one proposed implementing actions are listed as priority one actions, with many other actions dependant on the initial success of these top six. The six priority one actions are: • Conduct a targeted Business, Retention and Expansion (B,R&E) Survey • Designate City Staff"point of contact" for Economic Development • Formalize relationships and roles for Ashland specific strategy implementation among major partners • Maximize impact of existing Ciiy Economic Development grant process • Evaluate the use of urban renewal districts to spur private investment (in progress) • Improve the land use development process Related-City Policies: Economic Opportunities Analysis, March 2007 Ashland Comprehensive Plan Chapter VII, The Economy City Council Goals, 2009-2010 Council Options: 1) Adopt the Economic Development Strategy in its entirety 2) Provide Staff with direction for specific areas of modification to revise and bring back to Council at a future meeting Potential Motions: 1) I move to adopt the Economic Development Strategy as presented 2) I move to adopt the Economic Development Strategy with the following modifications 3) I move to direct Staff to modify specific elements of the Strategy to bring back to the Council for review and deliberation. Attachments: Economic Development Strategy— Complete document Economic Development Committee Member List— Policy and Technical Advisory The Citizen Involvement Report can be found at www.ashland.or.us/files/CI Final Report.pdf Additional background information on the Economic Development Strategy can be accessed at www.ashland.or.us/econdev Page 3 of 3 ECOTLOI iC DEVELOPMENT STRATEGY Enhancing economic strength in community July, 2011 ,ASHLAND The Task In January of 2009 the City Council met for an all day retreat to set their collective goals for the next 12 to 18 months. One of the resulting goals was to create an economic development strategy. Develop and implement a comprehensive economic development strategy for the purpose of: • Diversifying the economic base of the community • Supporting creation and growth of businesses that use and provide local and regional products • Increasing the number of family-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors To act on the goal, the Mayor and Council created an ad-hoc Economic Development Committee. The committee was made up of a wide cross-section of community stakeholders, local business owners and technical experts from the region and divided into a Technical Advisory Committee(TAC)and a Policy Group. The Questions The development of the strategy began with the committee asking themselves a series of questions about Ashland and its economy: What is economic development? Economic development describes a broad and sustainable increase in the standard of living,which includes quality of life as well as income. While there can be many definitions of economic development, the Committee defined it as: Economic development represents the community's commitment to the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. How is our economy different? (Advantages) While much of the local economy is connected to the regional economy of the Rogue Valley,Ashland has several key, and interrelated, comparative economic advantages: HIGH QUALITY PERFORMING ARTS CLUSTER The Oregon Shakespeare Festival lies at the center of this cluster and OSF's growth and international reputation, in addition to its direct impact on the local economy, has played a significant role in the expansion of the performing arts as well as the more broad creative arts cluster. I Econo iC DEVELOPMENT STRATEGY Page2of40 Enhancing economic strength in community HIGH OVERALL QUALITY OF LIFE The presence of Southern Oregon University, quality K-12 education, cultural and outdoor recreational opportunities, urban amenities and natural beauty makes Ashland unique among small towns in the West. This quality of life attracts new residents,fosters engagement and investment in the community, connects with people developing ideas and new businesses, and keeps existing businesses in the community as they grow and develop. HIGHLY EDUCATED RESIDENTS, BUSINESS OWNERS AND VISITORS Interwoven with and often generated by the quality of life, performing and creative arts and higher education opportunities is a distinct advantage relating to the high educational level of Ashland's residents, business owners and visitors. What is working for us now? (Strengths) In the past 20 years,Ashland's economic stability has relied upon several key sectors,such as: • Southern Oregon University • Oregon Shakespeare Festival • Lodging, restaurants and specialty retail • Value added specialty manufacturing • Specialty food and beverage innovation Efforts and actions that support these existing sectors should be maintained or enhanced and include: • Leveraging high quality visitor experience efforts as a gateway for visitors who may be considering starting or relocating a business. Many visitors attracted to Ashland as a destination to visit may also be attracted to the economic environment. In contrast to targeted business recruitment, this effort informs those that already have an interest and connection to Ashland. • Reinforcing the creative arts and cultural attractions both for their importance to the visitor sector and the significant employment and wage role they play in the local economy • Providing and maintaining a high quality of fire through Community events, natural environment protection and enhancement and recreational opportunities that appeals to citizens,visitors and those considering relocation • Providing resources and incentives for businesses to operate sustainably What is not working? (Weaknesses) Many of the qualities that create or enhance the quality of life of the community also contribute to local economic weaknesses or challenges. Some of the key weaknesses include: • Seasonality of the tourism sector • Comparatively high cost of housing • Distance to/from major economic markets • Relative lack of employmentfindusbial land supply ECOIIOIISIC DEVELOPMENT STRATEGY Page3of40 Enhoncing economic strength in community • Age demographic older than region, state and national averages Gaps and deficiencies in economic development services and support efforts exist locally and need to be identified and addressed, including: • Active support services for micro and small emerging businesses growth • Workforce development—employment pathways for new entrants,targeted training and recruitment • Direct, understandable and effective business location/expansion approval and development process from project idea through construction completion—Land supply, infrastructure, codes/regulations, etc • Local business to business partnering to increase buyer/supplier partnerships What do we want? (Vision) The Economic Development Strategy Committee developed a draft vision of Ashland's economy to. guide the economic development strategy. 2030 VISION STATEMENT Ashland is a vibrant and livable community,with a unique combination of performing and visual arts, natural beauty, outdoor recreation, business entrepreneurship, urban services and small- town friendliness. Its economy is adaptive, resilient,and flexible, built on a world class foundation of the arts, education at all levels, and a creative business sector that thrives on innovative and imaginative solutions to local, regional and global challenges. Its economic health is supported by high quality public services that include a commitment to connect our residents and businesses, physically and virtually, to the global economy. A focused tourism program infuses our community with visitors from around the globe who may one day want to live and operate a business here. All of the combined efforts of our community are conducted with an active and open civic culture that welcomes and expects a diverse range of opinions and ideas. How do we get there from here? (Strategy) Successful economic development is a collaborative effort encompassing not just business and the public sector, but organized labor, academia and the not-for-profit community.The strategies and associated actions proposed in this plan rely on many community stakeholders for their success. EconomiC DEVELOPMENT STRATEGY Page4of40 Enhancing economic %trenoth in community To be effective and efficient with the limited resources for economic development, the City's economic development strategies and actions will be focused on: • Existing businesses in the community with a commitment to operating their business and living in Ashland • Businesses that rely on and ear a competitive advantage from innovation, creativity, design and technology in their operations for new product development,creation or expansion of niche markets,process improvements,etc • Businesses that produce specialty and value added goods or services with a market beyond our local economy • Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region. For long term economic diversity and success,specific actions will be directed towards businesses with an identified business profile and operating attributes that complement and take advantage of Ashland's local economic, physical and community climate. Business Profile/Attributes operating sloucNr• Local design,engineering and pre-1 rotluctwn development with Ialger scale prod ulion oodarbg edewhere organizational sMUCtur•. . Locally based top leadash#dedsc n making team with same operahm funcliore posaily occurring elsewhere wortdoi ce Educated,creative and ainovative rand aPPr�coffloeiusaW counnunications Acceas m high speed broadband intencet services ' Physical Space . Limited need for large auto"storage,large state pioductim facilities or sgrmficerd off-site water or energy . needs for local operations Organisational values Ottalily of fife as a key business and personal measure of success. The combination of the four target areas and the profile&attribute focus will also assist in leveraging the efforts of our local and regional economic development partners and give visiting or relocating entrepreneurs a clear sense of the community's economic focus. The Plan The following strategies have been developed and formed by the Committee to meet the objectives set by the Council and to target the types of enterprises described above. Many of the strategies and implementing actions overlap,-reinforce and support one another. The specific implementing actions ECOAOMIC DEVELOPMENT STRATEGY Page5of40 Enhancing economic suen¢th ire eornalanily associated with the individual strategies are described in detail in the table below and contain suggested lead entities, partner groups,timelines, performance measures and cost/funding sources. The final plan will function as the working roadmap for implementation and will be used to provide plan and action updates and measurements of progress and success. As new economic needs and opportunities arise, the action plan will be updated to reflect new strategies and actions as approved by City Council. The seven strategies(or objectives)selected to implement the focus areas listed above are: • Assist local existing and emerging business stabilize and grow • Improve long term coordination and collaboration with local and regional economic development partners • Increase availability of investment capital for local businesses • Provide local educational&technical skills development to match local business workforce needs • Increase tourism in the fall,winter and spring and diversify the types of events and activities promoted • Provide appropriate land supplies for needed business growth/expansion with quality infrastructure to all commercial and employment lands • Manage the physical development process to ensure understandable requirements with timely and predictable results while safeguarding and improving the quality of the environment and the community Implementation Many of the individual actions linked to the seven strategies require agreement, coordination and engagement of multiple local and regional partners for their success. The priority level 1 actions represent the activities that have been deemed most critical to the early success of the overall strategy and also help define the path and priority of the remaining actions. Priority one, two and three actions contain both City led and key stakeholder led activities and projects. The City will engage key stakeholders and solicit their agreement and involvement in taking on a lead role in many of the speck actions with the City playing a supporting/coordinating/facilitating role. Priority two and three actions are no less important but typically are dependent upon other priority level one or two actions for their specific charge and implementation. To review relationships and dependencies between individual actions, see appendix A. ECOIIOICIiC DEVELOPMENT STRATEGY Pagesofao /j Enhancing economic s[rengen in cornmoniey 1. Assist local g and emerging . and grow –Conduct a targeted C 1 n on(e,R a E)Survey Retention and —1 —.f Chamber, City Exp s An overwhelming percentage of job growth in any community comes from existing business growth and expansion. Understanding what our existing businesses are challenged with gives the City and its partners the ability to assist businesses with those challenges,cooperatively identify and navigate future obstacles and opportunities with the ultimate goal of long term sustainable business growth locally. Several B, RS E surveys have been conducted in the past and have been useful in understanding the existing conditions for our local businesses. The survey will focus on businesses meeting the business profile and attributes identified above(The strategy-pg.5)and will identify"red flag"issues that may be impeding the growth of these businesses as well as areas of strength and potential where targeted attention could fuel growth and expansion. This process will assist in setting the priorities for many of the actions within the strategy. Understanding what businesses need and how to provide it to them is a critical function of these surveys and will drive the actions and programs taken by the City and its partners. 1. Assist local g and emerging business stabilize ®_ and grow 1.2 Designate City Staff"point,of contact":for Economic r 1 1 City Development needstprojects/interactions L— While many City Departments have roles and responsibilities that affect the local economy,there is no one"go to"staff contact for many local economic development issues.A designated point of contact would coordinate needed Department resources/responses and communicate internally on economic development related inquiries/needs. This staff assignment would also manage/monitor the City's participation in the Economic Development Strategy, including data collection/distribution, metrics reporting, updates to the Strategy and assist with collaboration and coordination with other local and regional economic development partners, including grants or other funding opportunities consistent with the Strategy. 1. Assist local g and emerging . and grow 1.3 Increase opportunities for local?import substitution and , Chamber, City, SOU; local to local purchasing THRIVE In efforts to increase local business sustainability and to increase the local money multiplier effect, a local supply and demand inventory would map what local goods and services are available and analyze ECGAOIIAC DEVELOPMENT STRATEGY Page7of40 Enhancing economic strength in cornmanily what may be missing locally that is currently being provided outside of our local economy. Much work in this area has already been started by local partners. Leveraging and expanding on this existing framework will quickly move the focus beyond the supply inventory and into the demand side of the equation,followed with ideas and solutions for encouraging/facilitating the local filling of the gaps in both supply and demand. Tools and programs can be developed or expanded to increase local to local purchasing within all business sectors from government to tourism to traditional traded sector/export based on data from the local business inventory,with particular emphasis on local supply chain needs versus local to local consumer purchases. 1. Assist local existing and emerging . . . F1.4 Create/Expand a local business resource&mentoring 2 Chamber, City, program SOU/RCC-SBDC, SVTG The community has an impressive stock of successful business owners, entrepreneurs, expert academics and others to leverage with programs to connect their experience and ekpertise with existing and new/emerging local businesses and non-profits to provide guidance and assistance as they grow and prepare for a sustainable business future. Some structure is already in place within the region for this type of program and could be more formally embedded locally through coordination and collaboration with a business incubator such as the Sustainable Valley Technology Group, SOU and its Small Business Development Center(SBDC), The Jefferson Grapevine and others. Assist 1. � local existing and emerging bstabilize �I and grow 1.5 Assist local businesses in energy,water,waste,supply 3 City, Recology, Parks chain reductions and efficiencies --- --� 8 Rec, DEQ,Avista The City of Ashland created an Ashland Green Business Program four years ago, managed and staffed through the Citys Conservation Division, as a coordinated multi-agency team(city-water,City-Electric, Recology-waste,Avsta-Nat gas,DEQ)to help businesses wanting to increase the efficiency and sustainability efforts of their business operations. The program conducts audits in all major consumption categories and works with businesses to develop plans and strategies to reduce initial consumption, reduce waste and eliminate toxic materials. In addition to reducing operating costs for local businesses and preserving community resources, successful implementation of audit findings result in job creation for the local construction/trades sector. This existing framework can be strengthened to expand services offered, increase the number of businesses that can participate, increase the level of detail and follow-up and coordinate funding programs and opportunities to meet the"green audit"results. ECOAOIIllC DEVELOPMENT STRATEGY Page eofao Enhancing economic su'ength in community 1. Assist local existing and emerging business stabilize and grow 1.6 Determine feasibty lfce and for a local business BizOR, Chamber, assistance/support o City, SOREDI, SBDC, RCC, SOU Currently, most business development assistance offices, resources and services are located in Medford(SOREDI, SOU Small Business Development Center,Job Council, etc)and may be underutilized by new,emerging/expanding Ashland businesses. Using results from B, R& E surveys and input from regional economic partners, options for increased involvement at the local level would be identified. If feasible options exist and the B, R& E results indicated demand,a local office would provide local businesses and potential start-up's much closer physical access to regional resources and would also assist with overall coordination and collaboration between economic development related agencies(See SUategy 2.0) Regional 2. Improve Long Term Coordination & Collaboration with Local and Development 2.1 Formalize relationship and roles for Ashland specific BizOR, Chamber, strategy implementation among,major partners(city of City, JackCo, Ashland,Chamber,Jackson County,SOREDI,Business Oregon,Job SOREDI, SOU, RCC, cO0"�'etc) SBDC, THRIVE The City currently participates as an ad-hoc partner with most of the local and regional economic development agencies in the Rogue Valley, but participation is typically connected to specific and often unrelated tasks or issues. The final adopted Economic Development Strategy will be utilized to identify common objectives between agencies. A joint strategy agreement will assist in leveraging common strategic goals between agencies over time and could result in joint grant applications, clearer delineation on staffing roles/responsibilities for joint projects,etc.Regional Economic Improve Local • Development ®_ _ 2.2 Create formal and routine communication with all regional r BizOR, Chamber, economic development partners 2 City, JackCo, SOREDI, SOU, RCC, — 11 SBDC, THRIVE Embedded within action 2.1 above, develop a joint communication plan that provides a meeting structure(live and virtual)for all regional economic development partners to share current activities, common issues, problems,future plans and ideas and generally have a better sense of the individual actions that are occurring in the region. This could result in embedding regional economic development > EconomiC DEVELOPMENT STRATEGY Pagesaao Enhancing economic srreogih in commanity issues into existing meeting structures or by the creation of a new partner meeting structure to focus specifically on economic development related issues. 3. Increase availability of investment capital for local 3.1 Maximize impact of existing City Economic Development City,Chamber, Grant Cultural Grants Process — Recipients J P 9 ty P The grant process has been modified several times in the past with the existing process working but possibly not maximizing the effect of the funds dispersed in the community. Issues for discussion include: 1)More defined performance measures and results reporting 2)Narrower definition of economic development(focus on jobs retained/created) 3)More distinct deliniation between economic development, tourism and cultural impact of applicants 4)Higher minimum grant award (currently$2,500)to increase impact vs. lower minimum grant award for more broad distribution of funds 5) Preference for applicants whose grant proposals address/take on priority actions of the Economic Development Strategy. 6)Criteria based preferences for applicants serving local start-up/emerging businesses(micro- lenders/seed capitaltangel funding, business incubators, etc, 7)Preference for applicants within or serving target attributes/profile(pg. 5) 6)Preference for applicants proposing to fill gaps in the local business import substitution inventory (see action 1.3). 3. Increase availability of investment capital for local business 3.2 Create opportunities for increased local access to funds 2 City,Chamber,r j SOREDI;BizOR, ` SBOC,THRIVE i Access to capital can be a major impediment to either starting or expanding a business. Local and regional banks have some flexibility and priority for local businesses, but are limited to some degree by national forces in how capital to start-up and emerging businesses can be provided. A review and assessment by local business assistance and lending professionals of current business capital programs and access/availability coupled with recommendations of additional opportunities to pursue to meet the varied scale of capital needs from small start-ups, to expansion to bridge loans including: 1)Utilize local personal investment to assist with local private capital needs rather than out of region investments(i.e.Southern Oregon Angel Conference). 2)Pursue local revolving loan program funding through USDA-Rural Development(REDL&G,RBEG, etc),US Economic Development Administration, etc.that could be managed by a number of different local partner groups ECOIIOIRIC DEVELOPMENT STRATEGY Page 10 of 40 Enhancing economic Strength in Community 3) Establish a micro-lending program to fit the needs of small start-up/emerging businesses 3. Increase availability of investment capital for local business 3:3 Oreate a coordinated economic development informa6onx :2 BizOR,Chamber, and markefina plan to maximize oubkc cemmu icationx City, SOREDI, , .r,� SOU/ROC The community has a variety of public communication resources such as City, Chamber and other economic development partner websites, social media outlets,direct mailing lists,e-newsletters, community TV(Rvrv), postings in community meeting spaces, City Commission&Committee packets, etc. A coordinated information and marketing plan would provide consistent and complete local and regional economic development information and services for the region. The system would integrate partner agency content to automate distribution across partner communication platforms for maximum efficiency and reach to the business community and the public. local 4. Provide . development to � '�i n 3 1 Develop/expand programs rto connect local education ASD, SOU/ROO, partners with business community for expenence and h- 4' Ohamber,Job exposure to enfrepreneurship/business development a Oouncil, SOREDI, yr operatwns. s ��_F Oity To develop and increase interest and skill sets of local students and provide"real-life'experiences in small business development and entrepreneurship, a placement system would increase the availability of local internship opportunities. The system would solicit local businesses to commit to taking on an 'intern (with some predetermined minimum qualifications)for a specified period of time to provide exposure to the working elements of the business. Businesses prosper from free or low-cost labor, with a possibility for a longer term employee, and students gain invaluable hands-on experience connecfing school work with real world applications. 4. Provide local educational &technical skills development to match local business workforce needs I e 4.2 Developlpromote/expand job training programs to meet 2 Ohamber, Oity,Job skill needs identified by local business Council, SOREDI Using the employment needs data from the business retention and expansion survey results(action 1.1)and other local and regional partner data, develop and market relevant training opportunities to increase the skill base of the existing workforce through a variety of channels (online, classroom, small group, webinar, one on one, etc)that relate to and supply skilled a workforce that meets the needs of the identified target clusterstprofile. ECOAOIRIC DEVELOPMENT STRATEGY Page 11 of 40 /j Enhancing economic strength in community f � Identification of local business employment needs would provide guidance to ASD, SOU, RCC and others in program planning and could connect with other initiatives in filling employment needs with intership programs, additional strategic partner developments (OIT?), etc.This data could assist students who want to remain in Ashland or the Rogue Valley by identifying educational pathways that would increase the likelihood of obtaining quality employment locally upon completion of their education. 5. Increase tourism in the fall, winter, and spring and diversify the types of events and activities promoted [ 5A Maximize City funded marketing efforts targeted for"year- 2 Chamber, Gity� round"tourism The Chamber of Commerce has been the community's tourism and marketing source for many years effectively utilizing Chamber member funds, City hotel/motel tax(TOT)funds and other sources of funding to develop and deliver targeted promotional campaigns to attract visitors to Ashland. Beyond that success,the Chamber has created campaigns that have leveraged our existing strengths to expand and grow. While being mindful of the need to maintain peak season efforts, funding specifically for"year-round"promotional efforts could further strengthen the tourism sector of our economy, building on existing campaigns and initiating new campaigns that target the community's stated economic priorities of reaching the full spectrum of age demographics, promoting eco- tourism/sustainability/outdoor recreation in addition to creative and performing arts, full utilization of. existing tourist infrastructure, etc. Performance measures tied directly to the targeted marketing efforts would display progress and success. 5. Increase tourism in the fall, winter, and spring and diversify the types of events and activities promoted __ 5.2 Determine market feasibility for a convention/community 2 Chamber, City,OSF, center SOU By lacking large meeting spaces,Ashland is disadvantaged as a large group destination location. Many professional associations, educational groups, club annual meetings,etc no longer consider Ashland as a potential site. Additionally, many local business, non-profit and community events are challenged to find quality space to conduct their on-going events. Analysis of existing and available data to determine the demand and viability for a convention/community meeting/event center would provide the community with an objective understanding of the appropriate size/scale, most viable site location, needed/desired associated complementary amenities, site needstconstraints, cost estimates, funding opportunities, ownership and operations options,etc. of a meeting/event space. EconormC DEVELOPMENT STRATEGY Page 12 of 40 Enhancing economic srrengtn in commanfty 5. Increase tourism in the fall, winter,diversify the types of events and activities promoted i and [5.�3Develop a capital improvement plan and maintenance h — 2 j city - strategy for the Plaza and downtown Downtown Ashland is the heart of the community for both residents and visitors. It sets the tone for our tourism economy and plays a strong role in the quality of life of residents. Because of its importance and the heavy use it receives, elements of the infrastrucutre and associated amenities are in need of repair, improvement,or replacement, including trash cans, benches, bike parking, sidewalks, lighting, landscaping, etc. Additionally, parking needs must be considered including how it is managed(time limits,charges, loading, bus, etc), how much and what types are available. Public art is also a way to further showcase the community and strengthens the ties of our cultural tourism promotion,quality of life for residents and energizing of the plazaldowntown. This strategy could be implemented on one end of the spectrum by a complete Downtown Plan,or a small task force to establish a"to do list"over a period of years. Funding could come from a variety of possible sources, including tourism qualified lodging tax capital projects, urban renewal district funds, parking ticket downtown business district fee. Possible task priority and timing: • Plaza redesigntupgrade(2011-12)—Increase pedestrian functionality and available space for special event use, Improve seating uses and configurations(benches,tables,chairs),improve plantingsloverall landscape,provide adequate lighting • Trash can replacement(2012-13)—Existing cans have no lid and plastic container very visible within outer shell. Recycling oontalneis wig be Integrated Into the replacement schedule(none cunentty In the downtown) • Black Swan Fountain&Plaza redesignlupgrade(2012.13)—Existing fountain leaks and needs complete rebuild. May redesign/charge fountain to be more interactive. Seating and general use needs review and updating. • Lighting upgrades(2012.14)—Replace,add new and/or convert existing downtown pedestrian scale lighting with LED tar better light,lower consumption and less maintenance • Tree grate installation(2012-14)—Removal of brick pavers,replace with metal grates. • Parking Utilization and Management Plan(2013-14)—An Inventory and assessment of all public parking locations,time[knits and frequency of use(occupancy rates)to determine maximum use configuration. Assess advantages/disadvantages of possible pail parking to influence parking demand and occupancy rates within , select,high demand locetiom. • Street light pennant upgrade(2013-14)—OSF replacement of 30+1950-60's ena pennants with new short temn pennant locations available for new permit applicants • Public Art installation(2013-14)—Significant public art installation in the plaza space between Fire Station#1 and the Library Page 13 of 40 / EconomiC DEVELOPMENT STRATEGY Enhancing economic s(leng(h in community supplies 6. Provide appropriate land employment growth/expansion with quality infrastructure to all Level commercial and 6.1 Evaluate the use of Urban Renewal Districts to spur �, City private reinvestment in targeted commercial employment areas of Ashland (in progress) As part of the recently completed Croman Mill Master Plan,an infrastructure financing task was included to address potential ways for needed infrastructure(streets, utilities, etc)to be installed to encouragefinduce development of the property. Because the predominant tool used for infrastructure financing is through tax increment financing(TIF)in designated Urban Renewal Districts,(URD)the City Council decided to expand the scope of the task to include a feasibility study for URDlrIF in and around the Croman Mill site,the Railroad property area and the downtown. The feasibility study,to be completed July/August of 2011, will provide the Council with information on the potential revenue streams, likely development growth, project cost estimates, etc for the three primary employment areas in Ashland. If feasible and desirable, an Urban Renewal Plan would be developed with boundaries formed, projects defined and prioritized and a frozen tax base set. Before deciding on implementing URD,the City and its stakeholder partners(other taxing districts, economic development partners, private property owners, citizens, etc)will need to meet to understand how URD and TIF work, how it affects the various stakeholders, and recommend to Council whether or not and Urban Renewal District(s)should be formed. employment 6. Provide appropriate land supplies for needed business rior growthlexpansion with quality infrastructure to all Level commercial and 62 Complete and maintain publicly accessible=real-time i 2 City j online buildable lands inventory 1111 _Ji A buildable lands inventory(BLI)has been maintained over the years by the Community Development Department with updates done in approximately five year intervals.This action would provide the City and the overall community with real-time up to date information on existing vacant lands, redevelopable lands(partially vacant or under developed)and land inventory by classification. In addition to the traditional work of a BLI update, this action would connect land use development approvals to the BLI database and "self-update"as development occurs on property in Ashland. Additionally,the database would be available online to the public in easy to view and download formats. Both public and private sector decisions on annexation, zone changes, land appraisal and business site selection would benefit from a real-time BLI. ECOAOIRIC DEVELOPMENT STRATEGY Page 14 of 40 Enhancing economic suength in community growth/expansion 6. Provide appropriate land supplies for needed business Priority all Level commercial and employment 6.3 Complete transportation and utility service connections to 2 City all commercial and industrial lands in the City limits and i! UGB Utilizing the data and recommendations from the work done in actions 6.6(business expansion analysis)and 6.5(shovel ready),transportation and utility improvements would be identified, prioritized and incorporated into the City's annual Capital Improvements Plan(CIP)to meet future commercial/industrial/employment demand.As with all CIP projects, funding sources could include SDC's,grants,dedicated revenues(gas.tax, etc), charges for services(electric, water,wastewater, etc) urban renewal(if implemented), etc. employment 6. Provide appropriate land supplies for needed business Priority growth/expansion with quality infrastructure to all Level commercial and 6.4 Pursue the expansion of a State E-Commerce Zone within i s 2 BizOR;Chamber, I �Ashland City,JackCo — - -- — -- -I --- -- � SOREDI The Oregon Enterprise Zone program allows a local community to designate a portion of their commerciaUndustrial lands to be eligible for property tax exemptions for three years with the potential for up to five years.The program is intended to provide a short term incentive for businesses making capital improvements to a property within the desigated zone.While the standard Enterprise Zone may be attractive to some existing and potential businesses in Ashland, of possibly more interest and potential is a secondary layer,called the E-commerce zone that expands the incentive to include specific E-commerce investments made by businesses within the zone that wouldn't qualify for the capital improvements requirement of the standard Enterprise Zone, such as computers, networking equipment, servers, software,etc relating to the Ecommerce portion of their business. Currently, State law limits the number of E-Commerce designations within Enterprise zones. With the existing and emerging retail and software/services sector of our local economy, an E-Commerce overlay to an Enterprise Zone could assist in the future growth and strength of that sector.The City and its local and regional partners would need to work with the State to legislate an expansion opportunity of the E-Commerce zone regulations. Page 15 of 40 / ECOAOIil1C DEVELOPMENT STRATEGY Enhancing economic suenglh in community 6. Provide appropriate land supplies for needed business Priority j growth/expansion all Level I commercial . employment 6.5 Evaluate land availability for business expansion on lands 3 BizOR, Chamber, on or adjacent to existing businesses City, SOREDI I - - — — ----- --- - -- -- --.J As most job growth comes from the expansion of existing businesses, it is critical to evaluate lands where business expansion is likely or desired to understand and anticipate obstacles and barriers of the adjacent lands for expansion while also looking forward using expected market growth need estimates over the next 10-20 years. Using the Urban Renewal District feasibility study,the EOA,the updated BLI, the B, R& E results and other related data, an initial analysis would be prepared. A small task force of local business and land development professionals could review and evaluate existing business expansion opportunities(adjacent lands), new business land needs consistent with identified target areas(profile/attributes action 1.1)and land needs and opportunities within the existing Urban Growth Boundary(UGB). The evaluation will include elements such as, infrastructure needs for the identified lands, existing and proposed zoning regulations and identification of potential conflicts with expansion forecasts/needs, etc. The results may indicate the desire and benefit for proactive adjustments to the zoning regulations, the inclusion of specific public projects in the City Capital Improvement Plan (CIP)and/or other policy modifications.The results will also provide those businesses contemplating expansion with upfront analysis of the practical and policy implications of a proposed expansion, removing much of the unpredictability of that process. growth/expansion 6. Provide appropriate land supplies for needed business Priority commercial . employment 6.6 Determine feasibility and cosf/beneft4or public purchase 3 BizOR,;.Chamber, of key industrial lands to make°shovel"ready°for re-sale City, SOREDI l for business development This feasibility analysis could work in conjunction with the business expansion analysis(action 6.3)or could be conducted independently with the intent of identifying lands that the open market has neglected, determining the existing barriers to development(lack of services,access limitations,zoning restrictions, abatement needs-environmental and physical, etc)and evaluating whether direct public financial involvement may be the most appropriate tool to address those barriers and make those lands more financially attractive and operationally functional for private development(i.e.,the railroad property) ECOIIOIL iC DEVELOPMENT STRATEGY Page 16 of 40 - Enhancing economic Strenelh in cornrnunity supplies 6. Provide appropriate land employment growth/expansion with quality infrastructure to all commercial and 6.7 Complete and maintain real-time occupancy data 3 Chamber, City, (availability, price, contacts,etc) 1! SOREDI, Private Similar to the real-time BLI,a real-time commercial occupancy inventory can assist in determining the supply and demand for the full spectrum of space needs based on what is already built and available, from retail to office space to industrial buildings. Having a comprehensive inventory in one location also assists the development community in determining the market demand for proposed development projects. The occupancy inventory also provides businesses looking to start-up/relocate/grow with one comprehensive source of information to initiate that process.This project could be developed as a public/private partnership with the real estate community and could be built as a layer of the BLI or could be developed as a stand alone database, similar to and maybe connected with the State"Oregon Prospector" (w .oregonorosoectorxom)program. Manage 7. physical development ensure understandable requirements with timely and predictable Level results while safeguarding . the environment and the community 7.1 Improve the Land Use Development Process ( City The B, R& E Survey from 2006-07 found the City's land use development process to limit economic development within Ashland. This opinion was repeated in many of the Economic Development focus groups and open houses held in the fall of 2010.Suggestions were made to"solve"this issue from moving to a Hearings Officer format to surveying applicants to improving public access to City staff and to documents, codes and property data.As a parallel goal to the Economic Development Strategy, the City Council charged City Staff with a goal to"Increase the clarity, responsiveness, and certainty of the development process"The goal was updated in January of 2011 to include an action plan to respond to the recommendations of both the Zucker and Seigel reports(consultant reviews of operations and code from 2006). As City Staff address that goal, its relationship with the Economic Development Strategy will be incorporated and will be contained within that action plan, which may include elements beyond those identified in the Zucker or Seigel reports that were identified as part of the development of the Economic Development Strategy such as:the relationship between City Staff and the residenttapplicanildeveloper, the way services and data are provided (online, handouts,front counter, field visits, video tutorials,etc), communication of the initial scoping/feedback of applicant proposals, etc. EconoMiC DEVELOPMENT STRATEGY Page norao E+rhoncing economic s[rea9trt in community The success of this action should result in better coordination between applicants and City Department Staff, better communication of existing standards and processes and a more efficient and timely application to approval schedule that maintains the high expectations of the community while providing solid and predictable business expansion and development decision making abilities to applicants. 7. Manage physical . . understandable requirements with timely and predictable improving results while safeguarding and of the environment and the community 7.2 Create incentives for development applications that meet 2 City certain pre-defined economic development eligibility criteria �I This action is based on the concept that the adopted Economic Development Strategy should contain specific goals that the business/development applicants can use as criteria for project approval, permit fees reductions/deferrals, expedited project review, etc. Criteria could include ensuring a certain number of jobs per acre, a target wage minimum(living/family wage) per job or other economic development/employment related benchmarks. The result would be three sets of criteria that would provide a roadmap for development in Ashland: 1)Design, use,function (e)asting), 2)"Green"criteria(LEED certification,solar,energy a water conservation targets/caps,em)(see action 7.6) 3)Economic criteria(job creation,wage targets,etc.) development 7. Manage physical process� understandable -. results while safeguarding and improving the quality of the environment and the community 7.3 Consider changes to Land Use Development Code that j 2 City may be inhibiting redevelopment or new construction This action aligns closely with action 7.1 and could be incorporated into the action plan response to the Zucker and Siegel Reports by expanding the scope of the review and resulting proposed actions. The Siegel Report was a 2006 review of the land use code to identify internal and external conflicts, inconsistencies, errors, needed updates, etc.As the action plan is developed, the scope of the response should include, or be followed with, a review of the recommendations as they may relate to current development/construction limitations or conflicts identified by the business retention and expansion survey(action 1.2)and business expansion analysis(action 6.6). ECOIIOIniC DEVELOPMENT STRATEGY Page 18 of 40 Enhancing econo+nit strength in community 7. Manage physical development process to ensure Priority understandable requirements with timely and predictable Level results while safeguarding . . the environment and the community 7.4 Update the Economy Element of the Ashland 2 ;; City Comprehensive Plan Ji All cities in Oregon are required to adopt and maintain a Comprehensive Plan. A Comprehensive Plan contains goals and policies in 13 areas, or elements, ranging from transportation to housing to environmental resources. The Economy element was last updated in 1990, and while it remains relevant in many ways, changes in the community and the local, national and global economy along with much more current economic data and the ultimate adoption of an Economic Development Strategy indicate that an update would be beneficial. An update ensures that the overall economic development goals, strategy and direction of the community are embedded into the legal policy framework of the City and carry forward beyond the completion of a single project or individual plan document and are consistent with Statewide Planning Goals. 7. . • physical development process to ensure understandable requirements with timely and predictable Level results while safeguarding and improving the quality of the environment and the community 7.5 Provide public access to development related data sets I 2 City (GIS Mapping) Geographical Information Systems(GIS) is the visual storage, display and analysis of any IandAocation based data.The City has developed a strong GIS database of utililty data (electric,water,sewer, storm drainage,etc),environmental attributes data (topography,streams,wetlands,etc)and regulatory/property data(taxlots,rights of way,buildings,zoning districts,etc). This data forms the basis for all development applications and in most cases is part of the requirements for the initial submittal. Some of Ashland's GIS data is provided to Jackson County for their successful"front counter"online mapping application. The remaining data is available internally to City Staff and available for purchase by the the public. Making all GIS data available online would provide residents, property/business owners and project developers with the ability to evaluate sites, plan for expansion/growth, prepare applications, etc Page is of 40 / EconorniC DEVELOPMENT STRATEGY Enhancing ec000ric strength in community 7. Manage physical development process improving understandable requirements with timely and predictable Level results while safeguarding and of the environment and the community 7.6 Integate existing s�iii-5ble developmnt concepts 8 Ashland has long had sustainable development standards, including the first in the nation solar setback ordinance ensuring solar access for future installation of solar panels in 1980.As sustainable development concepts are tested and put into practice, the City should continue to integrate them into the land development code.This strengthens the local economy by preserving and protecting the natural environment, adding to the quality of life and can provide a degree of long term insulation from external regulations and costs outside the control of the community, as well as stimulate the growing energy water efficiency sector of our local economy. development 7. Manage physical ensure understandable requirements with timely and predictable results while g and improving the environment and the community 7.7 Create and define quantifiable community"Quality of Life" EM��measug economic development strategMMone.a_Wandinon=1 A long standing and strong attribute of Ashland's"success'is the value of quality of life, meaning that residents and visitors alike choose Ashland for non-financial reasons and often in spite of financial reasons. To ensure that efforts towards increased economic development are both successful and retain or improve the quality of life of Ashland residents and visitors, specific locally based indicators could provide a scorecard and could be used to make adjustments to various economic development strategies and actions based on the indicator results. 7. physical development process to ensure Priority understandable requirements with timely and predictable Level results while safeguarding and improving the quality of the environment and the community 7.8 Develop and implement a facade improvement program EM for Downtown and Railroad District commercial property owners Commercial and public buildings form the physical backdrop for the Downtown and Railroad District commercial areas and are where our business activities take place. Many historical and newer structures have been maintained and upgraded over the years, but many have lagged behind and could ECOAOICLiC DEVELOPMENT STRATEGY Page 20 of 40 Enhon[ing economic strength in community benefit from targeted improvements. A fagade improvement program typically contains eligibility criteria, minimum and maximum project cost,dollar match requirement for building owner and loan or grant options. These programs are commonly funded as part of an Urban Renewal District(action 6.1), although other funding mechanisms are possible. The result would be access to capital funds specifically targeted to improvements that improve the appearance of the building, improve the viability/exposure of the business within the building and improves the overall aesthetic and feel of the Downtown and Railroad Districts. j Econo iC DEVELOPMENT STRATEGY Page 21 of 40 / Enhancing economic SirfgQ2A iq Coinaidnity Funding The Strategy document is intended to serve as a roadmap for the City Council and its local and regional partners in economic development. To successfully implement the Strategy, a combination of funding sources will be required over the course of the plan, including City Economic Development Grants, Departmental operating budgets, partner funding, regional, state or federal grant funds,etc. Decisions on the allocation of City funds towards each action will occur within the budget approval process far larger expenses and within Departmental operating budgets for process and staff time only actions and projects. Individual Department Heads will utilize the Strategy as they set Departmental goals and objectives each budget season. Individual actionstproject costs and funding sources will be determined on an action by action basis, as each action has different funding needs for their implementation and success. Many actions require City staff involvement regardless of the lead partner,with some triggering long term changes in City department operating methods and practices requiring supporting staff involvement. Measures of Progress & Success The primary measure of success is the creation of quality jobs in the community and the continued success of the tourism/visitor sector of our local economy. As the actions are initiated and developed, speck and targeted measures will be developed and utilized. For more broad measures of the progress and success of the Strategy overall, the following indicators may be useful: • Percentage increase in total employment growth(overall and within the target business profile/attributes) • Percentage increase in new business license registrations(overall and within the target business profile/attributes) • Percentage increase from the Business Retention and Expansion Survey on overall business climate • Percentage increase from the Community Development citizen and applicant survey on overall satisfaction of the land use development process • Percentage increase in the median household income in Ashland Reporting The City Council will receive updates which will include action status, changes in key stakeholder/participants, potential minor modifications to the approved action plan, target completion dates and expected deliverables, etc. Significant amendments and revisions to the adopted Strategy will be presented to the Council for their review and approval annually if needed. Initially,semi-annual progress updates will be provided to the Council and will be aligned with the City budget process to coordinate project funding decisions needed for implementation progress and success. After the first year,the reporting schedule and format can be revisited and modified if needed. Updates to stakeholder groups will be integrated into the Council update process via email and City EConoMiC DEVELOPMENT STRATEGY Page 22 of 40 Enhancing economic strength in community website. The completion of the regional economic development partner communication plan (action 2.2)will assist in ensuring long term communication on the strategy progress as well. > ECOAOIC iC DEVELOPMENT STRATEGY Page 23 of 40 Enhancing economic Sriengih in cornmuniiy APPENDIX A. Implementation Priority B. Implementation Schedule C. Process Background D. Citizen Involvement Summary E. Citizen Involvement Report—Jon Lange, PhD.,City Staff F. Economic Opportunities Analysis— Review and Update, 2009—E.D Hovee&Co EconomIC DEVELOPMENT STRATEGY Page 24 of 40 / Enhancing economic streagih in comoiunity A. Implementation Priority Priority 7 Actions(s Total) 1.1 Conduct a targeted Business Chamber,City Chamber Econ Dev Contract [Retention and Expansion(8,R3E)survey ---� 12 Designate City Staff'point of City City Econ Dev budget contact for economic development . needs/projectsnnteractions ,I (staff time) --.� � f BIzOR,Chamber,City, i cny/soRE—EI Eco-n�Dev budget Forms rel tion ed roles � for Ashland specific strategy �; JackCo,SOREDI,SOU, (staff time) I Implementation among major ParNere 1 " RCC,SBDC,THRIVE --- ----------_-- -- —JL_-- -- `- -- -- -- _ ---1 3.1 Maximize impact of existing City .t `;I City,Chamber,Grant �' City ,, Emn Dev budget 1� �ormo��opment/Cuitural 1 Recipients,OSF (aloft time) 8.1 Evaluate the we of Urban Renewal f City City Comm Oev/Eton Dev Districts to spur private reinvestment rn ! budget i ' targeted commercial and employment i areas of Ashland(in progress) I j (Contract a Staff time) I 7.1 Improve the Lend Use �.t City =— city Comm Dev budge Development Process I I' (Staff time) Priority 2 Actions(n Toted) 1.3 Increase opportunities for local i Chamber,City,SOU, j THRIVE Econ Dev Grantor import aubstitution and local to local THRIVE contract P _AJ 1.4 Create/Expand a local business �n � Chamber,City, SOU/RCC- �TSD resource &merdoring program G SOU/RCC-SBDC SBDC 2.2 Create formal and routine n BIzOR,Chamber,City, Chy/SOREDI �, Econ Dev budget communication with all regional G JackCo,SOREDI,SOU, (staff time) economic development partners RCC,SBDC,THRIVE ev 3.2 Create opportunities for Increased City,Chamber,SCREEN Chamber (6�ft time)ti local access to funds development Infardmretiond and economic 2 SOREDI,SOU/RCCtb. Chamber/City budget(staff time) EconondC DEVELOPMENT STRATEGY Page 25of40 Enhancing economic StIPgQ1h in cornoluh(ty marketing plan to maximize publics --- - communication tools _ 4.1 Developlexpand programs to � 2 I ASD.;Zr,U/RCC. ASDIJob Ecan Dev budget connect local education partners with mbe Job Council, Council loft time) business community for experience j I SOREDI,City (a and exposure to entrepreneurship, j business development&operations j ----- -- !- - -- ------- - --- - - --- 4 ---- –- - – — -– –- l -- -- 'Eton Dev Grant o 4.2 Develop,promote, and expand Job I� 2 I Chamber,City.Job ChambedJob tralntrq proWams to meet skill needs Camcil,SOREDI Council contr act Identified by local business - -- it I i 5.1 Mardmize City funded marketing 2 Chamber,Ciry Chamber Econ Dev Grant or efforts targeted for year-round'tourism contract 5.2 Determine market feasibility fora 2 Chamber,Ciry,OSF, ^ city Eton Dev budget convention/community center I SOU Sttaff tine+contract) 5.3 Develop a capital improvement City I F City Cky budget plan and maintenance strategy for the 2 - - Plaza and downtown I (Staff time+contract) L 6.2 Complete and maintain publicly Ciry City PW budget -- - 2 accessible real-time online buildable (Staff tune) I J lards inventory .i � n 8.3 Complete transportation and utility !r 2 city =--_ =City = -- CIP budget service connections to all commercial and Industrial lands in the City limits time+Contract)limits ' and UGB --j L - —- L 6.4 Pursue� QS ckCity, �_C-B-yI-S- `b o_n Dev/Adman Coer � aCo SOREDI — - _ met(Stefl ttrne) 7.2 Create Incentives for development 2 1F city CBy--, Comm Dav budget`� applications that meet certain pre- 2 i Ili (Staff tine) dented economic development eligibility criteria 7.3 ConsWercha ---��---�r ---- rages to Land Use 2 Ciry I' City [(Staff omm Dev budget Development Code that may be j tune) Inhibiti ng redevelopment or new construction —� 7.4 Update the Economy Eleme ma city City Comm Dev/Eton Dev the Comprehensive Plan budget(Staff time) 7.5 Provide public access ❑ City City PW budget s development related data seta(GIS (Staff tune) Mapping) Economic DEVELOPMENT STRATEGY Page 26 of 40 Enhancing economic sfrengih in commonrty Priority 3 Actions(6 Total) 1.5 Assist local businesses in energy, I ' - - - _- _- - eon j City,Recology,Parka City Conservation Budget waler waste,suPWY chain reduckans &R, Avista (Staff time) and efficiencies - — --- SOREDC Chamber, RCC, Ir------- BD 1 for � BizOR,Chamber,City I� Chamber/SOU I' TBD els assistance and support i SOU----- ---- 6.5 Evaluate land availability for -city it Comm Dev budget I business expansion on lands on or (Staff time) adjacent to existing businesses 6.6 Determine feasibility and �— j f- Econ Dev/Admin cost/bene6l for public purchase of key Industrial lands to make*shovel ready' 3 City city j budget for re-sale for business development i' (Staff time) 6.7 Complete and maintain reaF6me Chamber,City, r City/Chamber Ecen Dev Grant or commercial occupancy data �OREDI,Private i! contract (availability,Price,contacts. C -- — -! Comm Dev budget 7.6 Integrate existing sustainal development conce pts d pr actce into (slag ltrne) development standards L I 7.7 Create and define quantifiable j q City 1 City �' Grant or contract _ community•Quality of Life•indicators J to measure econornic development strategy success,both monetary and non-monetary 1 ---- r 7.8 Develop and Implement a Fa{ade p Chamber,City � City Eceri Dev/Admin Improvement Program -�L,J�I —� --� budget(Staff time)--J Reference Key to Partner Abbreviations Ash"School DiI 1 Avlab Avh;WWI—Naknal Dims Wray I Business,BISOR Omm Oregon,state,EcolwrNc Development Chamber Ashlard CharOer or Cammrca CLLy CIIyaAMIaM OEO Oregon Depamrent of Environmental Quality JukCO Jac County Jab CounUl ma Job Count)of Southern Oregon OSF Oregon Shakespeare FesUnil Parks 8 ftx Ashland Parks min Reaeagon DepaMent RCC Rag"Caaanity Ca" Rscelogy Remlogy All Sartary SeNce BBDC SOU Srleg awinon Oevelopnont Caner(a1 RCC) SOREDI Southern Oretpn Repcous Elamrric Devobpmnt Inc ECOAOITt1C DEVELOPMENT STRATEGY Page 27 of 40 Enhancing economic strengih in comaidniiy i BVfG Susfmnad•Velby Tedfflok yGY ---ll Sou I Souaaem Qepon llYVeeYty L TNRNE TM RoWu lNtlative b a VlW Ewr=V B. Implementation Schedule The following table displays the relationship between actions. Many actions are dependent upon other actions being successfully completed. This fact may result in actions being completed in a different order than originally anticipated. Changes in prioritization of actions will be part of the update process to Council. Phase I Implementation IFY 2011-12 Priority I Actions Follow-UP/Dependent Actions I 1.1 Conduel Business Retentbt and E�q�anabn(B,R3E)Surveys � jl n I 1.4 Create/Expand a local business resource & 1� 1 mentodng program r 3.2 Create opportunities for increased local access to funds____ - ---- �3.3 Geale a coordinated economk development information and marketing plan to mazlmize public communicatwn tools _ _ 4.1 Develop/expand programs to connect local education partners with business community for experience and exposure to entrepreneurship,business development&operations 4.2 Develop promote,and expand Job traf ling programs to meet shill needs identilled by local business F-1.2 Designate City Stalf'point of contact"for economic development neeedslprojectalinteractions _ 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners - - - - - - 2.2 Create formal and routine communication with au regional economic development partners rf—i.-6 Determine feasibllily and demand for local business assistance and support office '— -- _ _ _ Grants Pw�9 impact of existing CllyEconomic DevelopmentlCultural�, 6.1 Evaluate the use of Urban Renewal Districts to spur private reinvestment in targeted commercial and employment areas of Ashland (in progress) 8.4 Pursue the expansion of a State E-Commerce f Zone for Ashland 7.8 Develop and Implement a Pagoda Improvement ___ Program Page 28 of 40 I EcononuC DEVELOPMENT STRATEGY Ennoncing economic slrength in comotonily F_7t Improve the Land Use Development Process 7.2 Create incentives for development applications that most certain predefined economic development i eligibiliryemeda__ _ 7 3 Consider changes to Land Use DevelepmeM Cade that may be Inhibiting redevelopment or new construction _ - ___-__—_--__ _—_— .. 7.4 Update the Economy Element of the � Comprehensive-Plan___ J - te — — ' 7.8 Integrate ela-ting suefalnablo devell opment i concepts&practices into development standards Phase 11 Implementation FY 1 Priority •ns Follow-UP/Depend f.3 Increase opportnnitlea for lor:al import sulxitilution and localfo __ .t... - —. - . local purchasing 5.1 kAadmize City landed marketing efforts targeted for year-rcund' 5.2 Determine market feasibility for a convention/community center 53 Develop a capftw Improvement plan and maintenance strategy for ! the Plaza and downtown 6.2 CZr plete and maintain publicly accessible read-Akre online Wlldable lands inventory -- J 6.3 Complete transportation and utility service connections to all commercial and industrial lands In the LCity_knits and acs.__-- - --- __ _____j 6.5 Evaluate land availability for business epanslon on lands on or adjacent to eAsting businesses .- - - 8.8 Determine feasib-ilily and costfbenefd for public purchase of key industrial lands to make"shovel ready' _ Lfor re=sale for business development_ -- - -- . _ - - - -- -_- 8.7 Complete and maintain real-time commemial occupancy data(availability,prim,contacts,etc.) _— ,LI 57 Provide public access to development related data ses_(GIS Mapping) 1.6 Assist local businesses in energy,water,waste,it ply c 0 - reductions and efficiencies 7.7 Create and define quantifiable community'duafity oof Life' Indicators to measure economic development strategy success,both monetary and non-monetary I EcononuC DEVELOPMENT STRATEGY Page 29 of 40 Enhdncing economic strength in communiey l I j PRIORITY t ACTIONS 1.1 aflmbon a expanaron s="s I IP , ,Z deHynalaprystaapoodercontad III I i I I 2.1 romal¢e nxWtimsNps', ! I. 1 I _ I 3.1 WWI process I ! ! B.i mhan reneral debrcb --- —1 17.i land oee dmlopnerd I II I I i I The timeliness and outcomes of the priority level one actions will determine the implementation schedule for future actions,with the implementation schedule being a consistent component of the regular Council updates. Economic DEVELOPMENT STRATEGY Page 30 of 40 Enhancing economic srrenglh in community C. Process Background The 2007 Economic Opportunities Analysis(EOA) prepared for the City by ECONorthwest served as a foundation document and unofficial starting point for the overall strategy development project. In addition to fulfilling statewide planning Goal 9 requirements for commercial& industrial land availability, future demand and anticipated local job growth estimates, ECONorthwest conducted a public workshop and online survey to assist in preparing a draft implementation plan for Ashland's future economic development efforts. The draft implementation plan presented suggestions for an economic development vision and a set of six strategies and implementing steps based on their review of local data and public input. The strategies recommended included: • Complete and adopt the economic development vision and strategies .' Focus on the basic functions of government and do them well • Support efforts to create high-wage jobs in Ashland • Provide adequate infrastructure efficiently and fairly • Maintain quality of life • Take advantage of sustainability and green development opportunities Due to the significant changes on the national, regional and local economy in late 2007 and further into 2008,the City contracted with E.D. Hovee&Co. in the fall of 2009 to provide an update and analysis of the 2007 EGA. Highlights of the work of E.D. Hovee&Co. include: • Patterns of Economic Change -Global, National, State&Region • Updated State/Regional Employment Trends • Updated Demographic Data& Forecasts with Economic Development Implications • Review and Opinion of EOA Draft Implementation Plan • Recommended Additional Economic Development Data Sources The 2007 EGA,the 2009 Hovee Update and a complete list of other data used in the strategy process can be found in appendix. The committee reviewed existing trends from the data and discussed additional trends worth noting and also conducted a strengths,weaknesses,opportunities and threats(SWOT)analysis. The results of the Committee's work are detailed below. Overall lack of capital at the national levebmay lirriitbusiness relocating or growing herein"the short- > term Inability tosell residential real estate elsewhere limits in-migration including"finipreneurs who often EconoMiC DEVELOPMENT STRATEGY Page 31 of 40 Enhancing economic streagtn in community use house sale equity as start-up business capital Drop in housing prices has allowed some folks to buy who previously couldn't, yet housing options in the community remain limited in type and purchase prices are higher than the regional average Real estate at high end of the market is stagnant, limiting the movement of real estate investment capital A growing number(15%currently)of Ashland's employment is small se plf meme b my ent and often home based The community,and our visitors/tourists, are aging at a slightly higher rate than the State and National average Different demographic of people who are moving to Ashland, most are active, second career folks The portion of our community below the poverty level is increasing �I Assumptions Recent School District enrollment declines will stabilize over the next decade i Ashland's population growth trend of 1%to 1.5%will slow to between .3%and .5% —j Ashland's age demographic growth/transition will be into the 65+age groups Regional job growth will average approximately 1.5%per year 1 Existing Public Policies Ashland Comprehensive Plan-Economy Element(1989) Economic Opportunities Analysis(2007) Croman Mill Master Plan (2009) SWOT–Strengths - ----- -1 Recreational/cultural opportunities within minutes/miles Visitor experience excellent, people want to move here permanently ECOIIOIniC DEVELOPMENT STRATEGY Page 32 of 40 Enhancing economi[ $[length in.Community People can live anywhere,and Ashland has leveraged tourism and"top places"list Close to airport with growing connections OSF has loyal customer base and growing local customer base Entrepreneurial mindset and often not first-timers in starting a business here Community supports creativity beyond OSF; retail, restaurants, visual arts,entrepreneurs Community supports nimble thinking business, not"corporate"thinking Appreciation for buying local(without sacrificing quality Quality local retail sector without homogenization Growing specialty manufacturing sector, not corporate and tends to be creative Strong sense of preservation of things Ashlanders love High quality public schools — 1 Local wealth does exist Large existing infrastructure that is underutilized(shoulder seasoNtourist sector) Strong existing citizens/community members/Human Capital Physical location&connection on railroad line Local economy&residents comparatively resilient Excellent public capital(SOU,ACH,ASD, etc) Strong technology capital/foundation with Ashland Fiber Network(AFN) Strong overall community awareness&involvement Ashland is"real world", a genuine functioning town Physical attractiveness—well maintained Strong creative services cluster(Southern Oregon ranked#2 in Oregon for creative arts economy) Located on major interstate transportation route(Interstate 5) Page 33 of 40 / ECOAOIRIC DEVELOPMENT STRATEGY f,tnancing economic srrengtn in community Close proximity to"our own"alpine ski area Access to a broad range of commercial resources in Medford SWOT -Weaknesses Seasonality of tourism leaves retail sector vulnerable Housing–High cost and lack of a variety of housing types Displacement–new residents are typically older and less likely to be in workforce Constrained land supply–existing available land likely to be expensive/difficult to develop Lengthy land use development process with uncertain outcome Non-tourism sector operates almost"invisibly", citizens not conscious of their importance Non-tourism sector not valued or appreciated in community culture No good metrics/tracking of relationship between local economy and community health —J Lack of state support for education for K-12 and Higher Ed($$funding) Physical distance to/from market hubs(Seattle, Portland, San Francisco, Los Angeles) Disconnect and/or lack of awareness of business and economic realities Airport connections not good enough for many businesses(corporate/international travel) City lacks economic development coordination Lack of conference/community center meeting space No existing rail service(freight or passenger) Social capital/equity weak compared to other triple bottom line measures(economic, environment) Local retail market deficiencies prevent or reduce local money multiplier Public infrastructure maintenance needs have been deferred Lack of tax or other financial incentives(enterprise zones,etc) ECGIIGIRIC DEVELOPMENT STRATEGY Page 34 of 40 E,thancfng economic strength in communfty Negative perception/image of Ashland from surrounding Rogue Valley communities Disconnect/Disagreement on density of development(residential&commercial)as a tool for managing growth- — Hgher costs than others in region is comparative disadvantage FPoor access to local and regional public transportation system • Opportunities Growing specialty manufacturing sector/cluster Croman Mill site-redevelopment potential ----- ----- --LRailroad Property-redevelopment potential —� Expansion of OSF season °Coop place for innovation manufacturing Green/Sustainable business as a niche cluster Serving the needs of the aging demographic(silver tsunami effect) — Creation of a local angel funding system Expansion of AFN due to increased public/business demand for broadband connectivity - Increased partnership/alignment with regional economic development partners(Chamber, SOREDI, SOVA, Travel Oregon, Business Oregon, etc New demographic for outdoor recreation and geo-tourism Improve clarity, responsiveness, certainty of the local land use development process Growth of SOU in students, programs and other offerings SOU Strategic Plan goal"Commitment to the Arts and Region : Community Partner and Catalyst" Creation/expansion of retail university sector for SOU student population near campus Page 35 of 40 / EconoMiC DEVELOPMENT STRATEGY Enhancing economic strength in community e SWOT -Threats Watershed fire—Lack of protection Lack of available local credit/capital for small business start-up Potential railroad line closure Large shift in aging demographic(silver tsunami effect) Live events as a declining activity type nationally(relating to heavy dependence on live OSF events) Increased cost of entertainment, i.e.tickets,food, travel, lodging,etc(heavy dependence on affluent tourist) Perception of Ashland—"Retirement community'"mostly seniors"etc General local high cost of living L Business retention or growth beyond Ashland's scale Belief or perception that Ashland can be a self-contained entity insulated from outside impac�, Continued deterioration of our K-12 school enrollment figures High unemployment rate Increasing poverty level of Ashland residents Water supply -No back-up/redundancy to existing source of water Great competition for business relocations Aging infrastructure (water, sewer lines,streets, etc) Initial technology advantage(AFN)has diminished as others have"caught up" Strategies The committee,with input and assistance from the community, was charged with developing a set of strategies and corresponding actions that assist in moving the economy towards the shared vision. Of critical importance is the understanding of and alignment with the identified existing and predicted trends as well as recognizing and addressing the strengths,weaknesses,opportunities and threats of , our local economy. The most successful strategies and actions should enhance and leverage our strengths, capitalize on opportunities and reduce or mitigate our weaknesses and threats. Econonuc-DEVELOPMENT STRATEGY Page 38 of 40 Enhancing economic strength in community To connect and be compatible with the overall values and direction of the community, the strategies should also compliment or enhance the existing economic development policies from the Comprehensive Plan. Sample Strategies The Committee conducted several brainstorming exercises to generate and prioritize an initial list of potential strategies that could be considered. The list was substantial and, along with many clear strategies, contained specific actions as well as more broad values statements. The following strategies represent the results of the Committee's initial efforts at organizing and consolidating the initial list of over 60 ideas into 24 potential strategies in five general categories. BUSINESS&ECONOMIC GROWTH 1. Ensure a wide range of income opportunities, with a focus on growing the total number of family wage jobs in the private sector. 2. Expand on the tourist/visitor and creative arts clusters 3. Provide a system or mechanism for private investmentIcapital in local businesses 4. Create and promote a"sustainability cluster" 5. Develop a set of target industry groupings to guide business cultivation, research and job training strategies 6. Increase the viability of the existing tourist based economy by increasing tourism in the fall, winter and spring, as well as by diversifying the types of events and activities for our visitors 7. Develop a program for ongoing and coordinated efforts on local business retention and expansion CIVIC COMMUNITY/COLLABORATION 1. Increase partnershiphnvolvement with local and regional partners, particularly on issues that cross jurisdictional boundaries 2. Take advantage of compatible regional, state and federal economic development efforts 3. Leverage and connect/match up existing local business expertise with small business needs 4. Create an ongoing communication forum/system for community economic development issues (Economic Development Commission,Advisory Board, coalition, etc) S. Create community"Quality of Life"indicators DIVERSITY/INCLUSION 1. Ensure that all needed housing types are available across all income levels 2. Increase the availability of more diverse recreational facilities 3. Increase the"young family"demographic 4. Increase and promote opportunities for community and civic interaction (two-way)for residents (web, kiosk,forums, etc) Econom1C DEVELOPMENT STRATEGY Page 37 of 40 /j Enhancing economic strength in comnlanity 5. Embrace and celebrate diversity so all people can succeed in Ashland, regardless of age, income, race, ethnicity, religion, national origin, sexual orientation, physical ability or political beliefs EDUCATIONNVORKFORCE DEVELOPMENT 1. Provide local educational&technical skills development to match business workforce needs 2. Increase K-12/RCC 1SOU student intern work in the community(non-profit, government, private) 3. Connect"budding"entrepreneurs with established businesses and community leaders(local mentoring program) TRANSPORTATION/UTILITY INFRASTRUCTURE/PUBLIC SERVICES 1. Provide efficient infrastructure for all modes of transportation for personal, business and visitor uses 2. Ensure Ashland Fiber Network remains current and viable in the telecommunications market 3. Secure long term water stability 4. Provide a stable local power grid with competitive rates 5. Create a°menu"of financing/public investment tools for infrastructure needs for the business community 6. Maintain a"real-time"available lands inventory to ensure a supply of lands are available for the needs of the business community 7. Ensure Downtown/Plaza is a community hub&vibrant economic center 8. Ensure public facilities are utilized to full extent(land and buildings) 9. Provide a clear and understandable process for all phases of the land development& construction process, including site selection, data collection, zoning approval; construction plan approval and utility/infrastructure review, approval and installation. 10. Expand programs that creative incentives for businesses to conserve energy,water,and other natural resources. 11. Ensure the long-term viability of public transit services that meet the needs of employers and workers as well as residents. 12. Manage physical development in such a way that provides public services at the lowest responsible cost, improves environmental quality,and enhances Ashland's quality of life. 13. Preserve and expand Ashland's system of parks,trails, and open space, both inside and outside of the formal city limits boundary 14. Plan for an identifiable"University District"to strengthen Ashland's feel as a university town. Page 38 of 40 / EconorniC DEVELOPMENT STRATEGY E+th9nCin.q economR stlfrig1h in community D. Citizen Involvement To engaging the community and provide context to the input requested, the Committee worked through additional group processes to further narrow and define a set of draft strategies to present to the community for their review and feedback. The draft strategies listed below,along with the 2030 Economic Development Vision, formed the content used in the three citizen involvement elements(focus groups, open houses,online questionnaire)to solicit comment and feedback. G d > Business&Economic Growth G - Supporufacilitate a system or program to increase access to private investment capital for local businesses,with a focus on'seed funding'for small business start up and expansion. - Expand the tourism season beyond summer peak months and expand events and activities to attract and retain a diverse tourist demographic - Support/facilitate a system or program for ongoing and coordinated efforts to assist and encourage local business start-up,retention and expansion - Develop a set of target industry clusters/sectors to support and enhance new and existing business cultivation,research and job training strategies > EducationMorldorce Development - Support targeted education,skills and workforce development efforts to ensure a high quality local workforce prepared to meet both the needs of local employers as well as establish new business start-ups. �+ > Diversity/Inclusion tl -Encourage and support the availability of all needed housing types at price ranges and rent levels that match up with the incomes of Ashland households - Support or provide programs that enhance and increase business development(start-up or expansion)opportunities across all underrepresented demographic components/elements of our community(age,gender,ethnicity,etc.) - Establish and adopt a plan to provide demographic sustainability for the community,ensuring that the overall age demographics provide a relatively consistent student population for our schools Si > Civic/Community Collaboration - Increase partnershipslnvolvement with local and regional partners to better coordinate actions and initiatives where common goals and strategies exist - Develop methods/program to increase availability and access to existing local business expertise with existing and emerging business needs(volunteer,peer,retired,etc providing consulting advice&support) > Infrastructure/Public Services - Assure adequate land supplies are available for needed business start-up,growth and expansion - Continue to improve and develop quality local transportation systems to ensure a variety of transportation options are available to citizens,customers and businesses,both for goods receiving/delivery and personal access throughout the community - Maintain quality utility systems meeting or exceeding environmental standards for electricity,water, waste water,telecommunications and storm water with sustainable rate models Economic DEVELOPMENT STRATEGY Page 39 of 40 Enhancing eeonomic suengtn fn community The input of well over one hundred participants in the involvement was captured by an independent facilitator and City Staff and presented to the Committee in the report titled "Focus Group Report: Part of the City of Ashland's Economic Development Strategy"by Jon Lange Ph.D with two supporting City Staff documents summarizing the open house and online questionnaire elements of the involvement process. Summary of Feedback Much of the data collected was generated from the ten focus group meetings. The focus groups were held over a three week period and were organized into the following groupings: Creative Arts Housing/Diversity Sustainability Development/Construction RestaurantlRetail/Lodging Workforce Development Healthcare/Eldercare Specialty Manufacturing Venture Capital/investment Each focus group was asked identical sets of questions about the draft vision and strategies ranging from"Is the committee on the right track"to"What do you think is the single most important strategy or action to improve our local economy' While there was great variety in the responses, several themes emerged regarding the vision,the strategies and potential actions to take, including: VISION • Too general, too vague, too long • Sounds like now, not future vision STRATEGIES • City role should be mostly as community facilitator/collaborator • Greater participation in regional economic development activities and programs • Avoid duplication of economic development programs/services that already exist • Focus on local existing business development and growth ACTIONS • Review and improve land use development process-citizen/customer/staff relationship • Develop specific incentives to encouragetassist the"right kind"of business growth/expansion , • Conduct local supply/demand inventory for import substitution opportunities • Improve/expand City communication efforts to the business community and public on economic development related issues In addition to the primary function of collecting comment and feedback from the community on the work of the Committee to this point,the citizen involvement efforts served as a form of outreach and exposure to the project and generated additional interest and following of the progress of the project. The complete Citizen Involvement Report detailing the focus groups, open houses, online questionnaire as well as focus group meeting minutes is provided in appendix E. EconorniC DEVELOPMENT STRATEGY Page 40 of 40 Eithonefng economic Strength in comrnunfty CITY OF ASHLAND Memo DATE: January 22, 2011 TO: Economic Development Committee CC: Martha Bennett, Diana Shiplet FROM: Adam Hanks, Project Manager RE: Citizen Involvement Results Over the past several months the City has conducted several different types of outreach and feedback methods as part of the initial citizen involvement plan for the Economic Development Strategy. Attached for your review are the following: • Focus Group Report by Jon Lange Ph.D.,the City's contract facilitator/consultant. • Open House/Public Forum Summary Report by City Staff • Online Questionnaire Response Summary Report by City Staff All three citizen involvement elements will be used to further shape the Committee's initial draft vision and strategies and should form a strong foundation for the work to be done to finalize the vision and strategies as well as develop the implementing actions to make each strategy definable, measurable and ultimately successful. Each report provides a summary of their results with some consistency found between the three input elements. As is quickly evident, the bulk of the data and analysis came from the Focus Group component,but all three efforts provided detailed feedback on many elements of the draft vision and strategies, as well as new input for the committee to evaluate. As described in the executive summary on pages 1-6 of the Focus Group Report, several strong themes arose in most, if not all, of the group meetings in some form. Amid questions by many as to the City's intended role in local economic development, a consistent sentiment was encouragement that the City assume a role of facilitator and collaborator rather than in an active"command and control"role. Another strong and consistent suggestion for action was a review and improvement the land use development process, with an emphasis on the relationships and coordination between City Departments, applicants, citizens, Planning Commission and City Council more so than on specific design and construction code regulations or requirements. Each individual summary report is intended to highlight common themes, point out areas of agreement and disagreement and give the committee the community's perspective on concepts and actions that would benefit Ashland's local economy in both the short and long term. Oily M ad ADMINISTRATION DEPT Tel:541552-2048 20 Fast Man st Fax:541488-5311 Ashland,Onypn 97520 TTY: 800.735-2900 w .ashland.or.m edsm@wItlend.m.w FOCUS GROUP REPORT: PART OF THE CITY OF ASHLAND'S ECONOMIC DEVELOPMENT STRATEGY Presented by: Jon Lange, Ph.D. DECEMBER 26, 2010 2 EXECUTIVE SUMMARY Between mid-September and mid-October of 2010, ten focus groups, each lasting one and one half hours, were "run" by an experienced facilitator, the author of this report. Focus groups yield qualitative data from like-minded individuals responding to questions and interacting with each other. The data are illustrative and informative, though not statistically representative of a population. Focus groups also "involve" participants in the process and can serve an "outreach and education"function as well. Ashland's two, earlier-appointed economic development committees—Technical Advisory and Policy—drafted an Economic Development Vision 2030 and corresponding set of draft strategies. Focus group participants were asked to react to the draft vision and strategies and suggest actions the City might usefully take or avoid. The ten groups included workforce development, economic development committee members, restaurant/retaiUlodging, healthcare/eldercare, venture capital/entrepreneur, specialty manufacturer, sustainability, housing/diversity, development/construction and creative arts.' Focus group themes are listed below, with the critical proviso that many other informative and useful ideas--offered by only a single participant—will be found in the Results section. While it will be tempting to limit ones reading to this Executive Summary, doing so would severely compromise the utility of the focus group process. Reading the entire document is required to learn the breadth of participants' specific ' See Appendices for a fuller explanation of how the focus groups"fit"into the larger Economic Development Strategy process, as well as the speck questions asked, the participant list and methods used. 3 suggestions. That noted, the focus group themes--those ideas offered at least twice and usually more often--follow: Regarding the vision: • Concerns about it being too general, vague or long • Concerns that it emphasized business and growth too much or too little, depending on the group • Concerns that it was a political document • Lack of clarity about the exact role of the City in Ashland's economic development • Disagreement and confusion about just what°sustainability° is and its role in economic development strategies With regard to strategy, there were a number of people who wanted more focus on: • reducing complaints and concerns regarding planning and development • collaboration and facilitating collaborations • increasing support and encouragement for business, especially local business • technology and other"forward thinking" considerations, such as changing demographics, energy use, the likely future of SOU and ACH, etc. • entrepreneurship • thinking systemically, avoiding duplication (i.e., connecting to other City initiatives) • changing demographics • taking advantage of surrounding natural resources 4 Regarding the "most important" strategies: • Business should be emphasized more, particularly a wider, more diverse array of businesses (e.g., beyond tourism) • Use the already-available tourism infrastructure year-round, in addition to improving capacity during "the season" • There was an apparent ideological disagreement regarding seeking specific kinds of business (i.e., "enlightened") versus avoiding such a limiting, politically correct orientation • There was both a)a belief that"diversity and inclusion" can aid and is even necessary to economic development as well as b) some significant resistance to that idea. • Concern that Ashland isn't perceived as a place to "do business" and this has to change • Improving and/or maintaining infrastructure is seen by more than a few as critical • Civic/community collaborations are critical, e.g., partnering with non-profits • Strategy number three was mentioned several times: providing a system or mechanism for creating private investment/capital in local business • There is more to housing than just the affordability issue. It's needed in all sectors and could be an economic engine (though some argued against housing as economic development) . Adequate land supplies were mentioned by several people . Improving planning and development processes and reducing regulatory barriers 5 Themes emerging from questions about actions and what the city should not do follow: • One set of suggestions offered as much or more than any other involved the City's role as facilitator of economic development. The City should facilitate groups and processes, whether on specific issues for a specified length of time or for ongoing, problem-solving groups. • Related, it was thought the City should collaborate with established groups to advance economic development. Groups mentioned included SOU, the Chamber of Commerce, the hospital, OSF, the schools etc. • The City should "incentivize" businesses and groups of different kinds—that served the City's vision (e.g., green, innovative, artistic, etc.)--through things like increased grants, loans, reinvestment pools, reduced or waived fees, etc. • The City should improve its role as a source of information for economic development-related activity. Various suggestions on how are offered. • Many people commented on planning activity, as respondents wanted improvements in customer service as well as the streamlining and clarification of regulations and the planning process. • Infrastructure improvements of many kinds were suggested: transportation, parking downtown, public art, vertical housing, rezoning, sidewalk improvements and more. • The City should have one. "go to person" for the many different things related to economic development. 6 • There were a number of people who expressed concerns about panhandling, loitering and related activity that discouraged tourists and others from coming and doing business downtown. • Some mentioned water redundancy. • Others mentioned land acquisition. • Several offered a version of"do no harm," that is, don't ruin what is here. Process-related themes included: • Questions about whether and how this work will be used (e.g., Who is the audience?Will the plan "sit on a shelf"?) • Reminders that this must be an evolving, regularly evaluated document • Paying close attention to the prioritization and "roll out"of the strategies and actions once a plan is adopted Perhaps the responses most often heard involved planning and development processes; the City as facilitator/collaborator; and that the City should actively look for ways to support business. Concluding remarks, including comments about implementing economic development strategies, are offered at the end of the report. 7 INTRODUCTION The results are organized according to the questions posed, asking for participants' 1) Reaction to the 2030 Vision and Draft Strategies 2) Thoughts about "the most important strategy," or other strategies they wished to offer 3) Responses to questions about specific actions the City should take 4) Other responses to all other questions, including ideas about what the City should not do, if there was anything else they wished to add, etc. Responses are ordered by the ten different groups. For each group, the participants and city representatives present are identified (except for Adam Hanks and Jon Lange, who were present for all groups, and Diana Shiplet, present for eight). There are short summaries after the relevant sections, paralleling the Executive Summary above. 2 It is important to mention that some groups were better represented than others, either by sheer numbers or—perhaps—by degree of understanding of the City and economic development. RESULTS: Question One: General Reaction to Draft Vision and Strategies: The first question asked participants for their general reaction to the 2030 Vision and Draft Strategies: Were these generally on the right track"? 2 For ease of organizing,the responses sometimes appear in a different chronology than verbalized, since respondents often made suggestions about actions when asked about strategies. 8 Workforce Development/LaborFGroup City Reps: John Stromberg,Adam Hanks,Diana Shiplet Wes Brain,Jim Fong,Lynn Thompson,Julie DiChiro,Bill Huron,Heidi Parker,Dean Participants: Cropper Bill Huron was the first of many to follow who noted the generality of the strategies and suggested that actions are more important. Lynn Thompson led an array of people to follow saying 1)that there,seemed to be too much focus on political ideals, and 2) there should be a focus on reducing the complaints and barriers associated with the planning process. Juli agreed. She thought there is relatively little about rapidly changing technology and the continuous education that will be needed for our future. Heidi applauded the diversity emphasis, saying how important it was for economic growth. Wes liked the workforce housing ideas. Dean Cropper followed Lynn, stressing the need to provide opportunities for business, while pointing out that everyone still needs to gain from this process. Jim Fong said that entrepreneurship was essential, and the City needs to acknowledge what's in the way and then address those obstacles. Juli said—as did others later—that what she always hears is that the City may or may not be in the way, but they certainly don't want to help. She believes this is critical since small business will drive our economy and they do not feel supported by the City. They don't feel valued and they get discouraged. Juli also pointed out that how this process is rolled out by the City, how it begins, will be essential. The first actions must be successful and well-received in the community. Wes expressed concerns about the lack of"working class" focus group participants (and was reminded of the online questionnaire and open houses to follow.) Wes also 9 suggested that sometimes businesses thrived by paying too little in wages but Jim Fong said it isn't always the case and doesn't have to be like that. Restaurant/Retail/Lodging City Reps: Kate Jackson,Wendy Siporen,Adam Hanks,Diana Shiplet David Runkel,Don Anway,Dennis Slattery,Thom Bean,Lisa Beam,Alex Amarotico,Graham Participants: Sheldon,Rich Hanson Graham recommended being sure to distinguish between strategies and actions as the strategies are so general. Alex agreed and recommended focusing on the actions +a, when it comes to the public. Thom thought that emphasizing "diversity" can be an "economic growth detractor." He used the example of someone with lower income living in affordable housing who might have less to spend in shops, restaurants and who will pay lower taxes, thereby lowering the City's budget, etc., in contrast to someone who can afford the full price of a home. David thought that all the diversity/inclusion parts are "B.S." Dennis strongly disagreed as did Alex who cited Aspen, arguing that the City's workforce must be able to have their needs met here. Lisa asked, "Since diversity is in the vision, does it have to be in the strategies?" Graham said there is a fine line between gaining a workforce and keeping bums out; finding the balance is obviously difficult. The City must be inclusionary but still recognize there are societal rules to be followed and those who don't aren't welcome as they drive others (particularly tourists) away. Rich later said that the "homeless issue" is the "main deterrent" to successful businesses here and 10 should be addressed. A similar message is repeated later by different members of different groups. Dennis said that yes, it's about behavior, not housing. Don made the point that these strategies will need to be updated constantly and others immediately agreed. Dennis suggested that some may misinterpret these strategies so a question to be asked is: who will be using them. David said that technical jobs are usually developed where there are technical schools; let's not make Ashland something it isn't. Economic-Development Committee , , City Reps: John Stromberg,Adam Hanks,Diana Shiplet Jim Fong,Ron Fox,Ric Halt,Jim Klein,Mark Marchetti,Mallory Pierce,John Rinaldi,Wendy Participants: Siporen,Jim Teece In a slight twist, some members of both the Policy Committee and the Technical Advisory Committee were asked to participate in a focus group. Things began with Jim Teece wondering if they were brought here because someone with the City was unhappy with the strategies so far. Ric said that he was uncomfortable that some aspects of the Vision statement weren't reflected in the strategies and that he had sent an e-mail to that effect a while ago. Adam clarified that this was mainly an opportunity for members from the two committees to be brought together and experience the focus group process. Both Wendy and Jim noted things talked about in committee that no longer appeared. Regarding the overall vision and strategies, Ron opined that while these efforts never have end-products that come out in a neat bundle, the big picture is there. Jim thought the big picture was "cloudy" and while he doesn't see anything that would 11 prevent economic growth, he believes there is insufficient diversification of strategies. Heavy focus on tourism could be balanced by investment in other areas, particularly technology. Wendy agreed about diversifying the economic development focus, saying we were overly dependent on tourism, arguing—as many others eventually did—that there must be strong support for local businesses and new businesses that will create jobs. She would like to see an analysis of what the community is importing (goods, services, finances, etc.); this might help inform the question of what types of investments this plan might support. In a theme that emerged often in the different groups, John and Mark agreed that the exact role of the City isn't Gear, though Mark added that he didn't claim to know what it should be. Mallory thought Ashland could be a more "welcoming" community to different populations, saying the City hasn't grasped the changing country's demographics; she worried that this wouldn't be sufficiently addressed in the focus groups. Jim Klein also discussed changing demographics, noting there is little addressing the issue. Mallory agreed with Jim Teece that there is nothing there preventing economic growth but wondered if there are too many ideas "mushed together." Ric Holt talked about constantly evaluating and re-evaluating what the community values and structuring economic development (as opposed to economic growth) accordingly. He argued for supporting local entrepreneurs and that the diversityrinclusion strategy needs to be better defined. He said we need to do better at supporting Hispanic business development and that he didn't see sufficient attention to sustainability in the strategies. The theme of constant re-evaluation was brought up by 12 others in and outside of this group. 0'6400re/Elder Care City Reps: Pam Hammond,Greg Lemhouse,John Stromberg,Adam Hanks,Diana Shiplet Participants: Chris Dodson,Don Mackin,Laurie Schaff,Harvey Ray,Connie Saldana There was general agreement that the overall vision and strategies were on the right track but that, once again, a little vague as well as "warm and fuzzy." The issue of demographics re-emerged, as Don pointed to the growing elderly population in Ashland. He wanted to see strategies that addressed the high turnover in elder care facilities and the challenges of finding qualified staffing. Chris joined those arguing for"fluidity" of strategy deployment and was among the first to recommend coordinating with other City systems, such as transportation planning, in general, and planning for seniors, in particular. Though not specific, Harvey reminded the City to capitalize on its strengths already in place. Echoing Juli DiChiro's earlier theme, he suggested prioritizing actions. Harvey and Don were among the first, followed by other groups, to suggest emphasizing potential opportunities from collaboration between the City and others involved in economic development related endeavors. •VentureCapltal/Investment, � � ,�. t City Reps: John Fields,Adam Hanks Participants: Bill Thomclike,Jeff Monosoff,Meiwen Richards,Steve Vincent Jeff Monosoff also thought the Vision was too broad, and as a result, weakened individual elements. Meiwen wondered if all these strategies were realistic and 13 achievable. Steve basically agreed and wondered about the inconsistencies inherent in some of them. Bill Thomdike suggested considering the balance between uses of land for economic development and other activities. He added that future funding for both SOU and ACH will be critical, both potential °threats" that the committees may wish to consider: will these organizations remain as they are? Bill also recommended coordination with other regional entities and processes in leveraging economic development. SpecialtIpManufacturing City Reps: Annie Hoy,Kate Jackson,Adam Hanks Partidpants: Nancy Morgan,Jon Bauer,Diane Paulsen,Doug Massey,Susan Powell Members of this group were split among those who liked the vision and draft strategies and those who said both were too "general"and kind of"lofty." Nancy Morgan called them "a great start." This group included some of the many who discussed various things the City had to do to "get out of the way" of business and business expansion. Diane expressed frustration with the process of siting a new facility. Another theme was joined by Jon who said that obstructions to business made Ashland less competitive with other communities when hoping to attract new ones. Susan agreed and suggested the City look for ways to mitigate the challenges of the approval process, making as much information as possible "available up front" rather than later as the process went on. Jon agreed that start-up expansion information should be more readily available and understandable. Nancy wanted the City to assist with coordinating information. 14 Sustainability City Reps: John Stromberg,Ric Holt,Adam Hanks,Diana Shiplet Lesley Adams,John Alexander,Torry Blles,Larry Blake,Lynn Blanche, Heidi Dawn,Tracy Harding,John Lamy,Melanie Mindlin,Julie Norman, Participants: Stephanie Tidwell The relatively large number of people in the "Sustainability Group" generated a large number of ideas. This group criticized the vision more than any other. It was seen as too traditional/conventional, shooting too low("We're already doing much of that."), nowhere near green enough, too general (where are eco-, geo-, and edu-tourism? What kind of new jobs? How do you define sustainability?), too much about "growth" as opposed to "development"or"resiliency' (a strong theme for this group repeated by some others later), unconnected to anything outside the city limits (rivers, forests and other natural resources and the opportunities they afford), disingenuous ("....not admitting the negatives or weaknesses."), too little about quality of life vs. money and, finally, misguided (since government is unable to target "winning" industries). This group talked a lot about collaboration, including the City's role in its facilitation— between government, community, education, non-profits—and, as Lynn and John argued, that this should be in the vision. There was a lot of talk surrounding the infrastructure strategy: Tracy pointed out that there was nothing about agricultural lands there and words about transportation need to be stronger, more radical. Torry said that open spaces and parks aren't sufficiently 15 prevalent. Julie suggested adding language: When targeting industry clusters/sectors, the phrase "specifically sectors which address increased energy costs," should be appended. She suggested that the last two infrastructure strategies should add the phrase "with rapid investment in conservation and reduction in greenhouse gasses," as we will be shifting away from fossil fuels. Lesley recommended the City address the currently environmentally-unsound wastewater plant. This group was interested in energy-related issues, as various members wanted to emphasize ecological values, demographic sustainability and better transportation. This group joined others wanting an emphasis on local business and the local economy, e.g., in food production, transportation, and supporting joint ventures of groups already here. Development andpGorist�uction City Reps: Russ Slibiger,Adam Hanks, Diana Shiplet Darrell Boldt,Bob Kendrick,Mark Knox,Jac Nichols,Colin Mullane,Laurie Sager, Participants: David Wilkerson Not surprisingly, this group was very different from the previous. In addition, they were unique in the way they asked so many questions before the facilitator could pose any. Mark referred to a process in which he engaged some years ago and wondered if nothing came of that, how would this be different. Adam explained the connection between that process and this one. Bob asked how the strategies were developed and Adam explained. Collin asked about the Council's role in this and Russ talked about his and others' limited but clear participation, stating they wanted this portion to come from the community. Jac pointedly asked if the City or City Council were going to"take over" economic development or if they were going to let the Chamber of Commerce do what 16 they do best. Adam said that part of this process is to determine who is most appropriate for handling each action item and that for many things, it is clear that the City is best suited as a facilitator, not the lead entity. Darrel and David both wanted to get to the details (actions), noting the strategies were too general. David and others agreed that the Infrastructure strategy needed to include housing. There was a lot of talk about the "onerous" and "anti-business" public input process. The Northlight project was said to be killed by public sentiment, resulting in the blight that is there now. Mark and others said that Council leadership had to have sufficient backbone to stand up to the anti-development sentiment and instead let the market and the laws determine these issues. Laurie agreed and began the discussion about planning. She said "Love the place, hate the process." Paragraph number two of the vision isn't ok right now; our economy isn't adaptive and flexible. Our approval process for development is too long and unpleasant for developers to choose Ashland. Jac agreed and said it was also the Planning Commission and the Planning Department in addition to Council that made it hard. Mark said the Planning Staff are very capable but aren't supported or backed up by the Council. David thought it was financially unsound that staff is directed to spend equal time with people trying to prevent a project as someone trying to develop and pay the City for the project. He later added that the final paragraph of the Vision should read, "All of the combined efforts of our community are conducted with an active, open, and tolerant civic culture...." Bob was particularly strong about this, saying that the City has a culture of obstructing projects as opposed to supporting and encouraging them. Colin agreed with all this, noting the City had to shift this kind of culture quickly; we can 17 no longer be controlled by a small group of"nay-sayers." Jac and David hoped for a [new] Council that would understand and support economic development. Housing and'Drverft,,. City Reps: John Stromberg,Mallory Pierce,Adam Hanks,Diana Shiplet Participants: Regina Ayers,Jason Elsy,Don Mackin,John Wheeler The related name notwithstanding, this was a very different group from the last. There was general agreement here too, that the vision statement was too long, too general and perhaps simply reflecting what is true today. They wondered who the target audience is for the vision statement. Mallory said that the vision statement had to be "aspirational." The group spent most of its time on actions. (See below.) Creative Arts City Reps: Russ Silbiger,Adam Hanks,Diana Shiplet Participants: Peter Alzado,Kevin Christman,Carol Davis,Gary Lundgren,Mark Mularz,Tom Olbrich,Julie O'Dwyer,Howard Schreiber,Marcus Scott,Jim Young,Jess Webb Gary wasn't even going to come to the meeting until he read the vision and strategies; he liked them a lot. There was general agreement that the vision statement is comprehensive, though, as Tom Olbrich put it, it is "the longest vision statement I've ever seen." Others said it was wordy. Peter suggested the City look toward connecting to its surrounding natural resources, especially the Cascade Siskiyou National Monument. Julie wanted more emphasis on "support for entrepreneurial business Kevin joined those from previous groups who worried that there were so many 18 strategies; too few would actually be implemented. Marcus lamented there wasn't enough on "culture." Jim focused on finding a "cultural experience that was uniquely Ashland," that could not be attained elsewhere. Carol asked what "specialized and targeted tourism" meant. She encouraged pushing the envelope—supporting what's unique or new-- to bring a wider variety of people. Jess asked why SOU was the only organization specifically named. Summary of Question One: Reaction to the Draft Vision & Strategies While there were a number of ideas specific to different individuals--and careful readers will find them above—the themes emerging in response to the vision included: ➢- Concerns about it being too general, vague or long ➢ Concerns that it emphasized business and growth too much or too little, depending on the group ➢ Concerns that it was a political document ➢ Questions about whether and how this work will be used (e.g., who is audience? will it "sit on a shelf"?) ➢ Reminders that this must be an evolving, regularly evaluated document ➢ Lack of clarity about the exact role of the City in Ashland's economic development ➢ Disagreement and confusion about just what"sustainability" is and its role in economic development strategies 19 Responses about the strategies were more varied. They of course reflected the groups from which they came and these groups have different and sometimes conflicting interests. There were individual reactions—some of which may be useful and should be read above. There were more than a few who said there was not enough focus in each of the following areas: Reducing complaints and concerns regarding planning and development Increasing support and encouragement for business, especially local business ➢ Technology and other"forward thinking" considerations, such as changing demographics, energy use, likely future of SOU and ACH, etc. ➢ Entrepreneurship ➢ Collaboration and facilitating collaborations ➢ Thinking systemically(connecting to other City initiatives) ➢ Clarity of the City's role Changing demographics Taking advantage of surrounding natural resources ➢ Paying attention to the prioritization and "roll out" of the strategies and actions once a plan is adopted ➢ The need for periodic re-evaluation of both vision and strategies Several others wondered if there were simply too many strategies to easily grasp and therefore readily achieve. 20 Question Two: Most Important Strategy The second question, for most groups, asked what people thought was the single most important strategy—already on or not yet on the list—that they thought would benefit them or the "arena" in which they were located (e.g., creative arts, manufacturing). Some individuals responded With ideas that would benefit their particular organization exclusively. Many individuals, when asked about strategies, immediately reported on actions (see question three below), even though the facilitator attempted to clarify the difference. It is sometimes difficult even for those familiar with the distinction to separate them. In fact, both the Venture Capital/Investment and Sustainability groups moved directly to actions, so they are not included under this question. The following attempts to identify groups' additional suggested strategies. Workforce,'Development/Labor,"Group:. City Reps: John Stromberg,Adam Hanks, Diana Shiplet Wes Brain,Jim Fong,Lynn Thompson,Julie DlChiro,Bill Huron,Heidi Parker,Dean Participants: Cropper There was general agreement in this group about emphasizing business. Jim thought strategies number three and four were the most important, adding that "enlightened businesses" are of course preferable. Lynn cautioned use of the word "enlightened" as it could turn business away if it made Ashland seem too "politically correct." Heidi and others said there should be an emphasis on "diversity" of business, which is currently lacking. Juli argued that if the emphasis is on the future, we must do more to bring in the family age population, thus making diversity one of the most important strategies. Dean talked about creating opportunity and an environment in 21 which the PR could rightly claim that "Ashland is a place to do business." Jim suggested developing "sector groups," like the focus groups, similar to activity in New Brunswick, Canada, that would meet periodically to assess that sector's needs and how the City(or county or community) might assist. Restaurant/Retail/Lodging City Reps: Kate Jackson,Wendy Siporen,Adam Hanks,Diana Shiplet David Runkel,Don Anway,Dennis Slattery,Thom Bean,Lisa Beam,Alex Amarotico,Graham Participants: Sheldon,Rich Hanson Don and Dennis agreed that infrastructure-related work is the most important including inadequate parking and sidewalks. Lisa thought the city needed a face lift and expanding the tourist season was the most important strategy. Graham said expanding the season is important but that even in summer, hotels, restaurants, shops etc. are not at capacity so the strategy should read more like, "Increase the overall experience of tourism throughout the year." Alex added that"year4ound" is important but a face lift for the City is unnecessary; he came and stayed in Ashland for what it was. Lisa said that looking for ways that help tourists to "stay longer"would be useful. Economic Developmenf Committee City Reps: John Stromberg,Adam Hanks, Diana Shiplet Lim Fong,Ron Fox,Ric Holt,Jim Klein,Mark Marchetti,Mallory Pierce,John Rinaldl,Wendy Participants: I Siporen,Jim Teece As one might have guessed, there was a wide range of sentiment from this group. Mark and Jim agreed number three was important. Jim added number four. John said they can't be parsed; they all seem interdependent. Wendy argued for micro-capital for 22 investment and an increase in partnerships with non-profits. Jim made the case for putting technology more in the forefront, suggesting that to focus only on sustainability in this area is insufficient and that the AFN experience ought not to make city leaders gun shy of risk, or even failure. Ron said the first rule is to "do no harm," and not mess up what we've got. Ric made the case for investing in entrepreneurial growth by supporting culture, schools and diversity; this will draw entrepreneurs. He advocated for forming solid international business relationships, drawing capital from abroad. Ron reminded the group that entrepreneurs are a "fundamental gem" in this community. Health.Care/Elder Care My Reps: Pam Hammond,Greg Lemhouse,John Stromberg,Adam Hanks,Diana Shiplet Participants: Chris Dodson,Don Mackin,Laurie Schaff,Harvey Ray,Connie Saldana Chris and Harvey were drawn to the Civic/Community Collaboration strategy. Chris said this would help avoid duplication of services and Harvey pointed to the hospital as an example. Further, hospital issues are interdependent with housing issues (as patients and their families need places to stay). He also suggested that sustainability be reflected in the City utilities and other infrastructure issues. Don suggested the targeted industry cluster/sector strategy ought to think hard about health care. Just as hospice has been successful, with its attached federal funding, respite care is going to grow and people will need assurance that it's available if they are to continue to retire here. Control of these activities is best kept local, as other out- of-town companies will provide services if we don't. Harvey agreed saying that a well- educated workforce is needed for community balance, and that if we don't provide 23 what's needed here, services and systems down the road will. Laurie reminded the group that agencies like the Y get most of their funding from local business and community members and that we need those frequently lower paying jobs for necessary care and support of what is done here. Connie noted that housing and diversity/inclusion strategies will help keep care- givers in Ashland and perhaps help develop an in-home care business sector. She saw no disparity between good quality of life and good economic development. Chris said that balance gives an improved quality of life, mentioning "studies° showing that on an international scale, parts of the world scoring highest on quality of life are always those with multi-generational (intergenerational)families and others working and living together. Harvey suggested focusing on a continuum of care, from birth to death. Specialty Manufacturing City Reps: Annie Hoy,Kate Jackson,Adam Hanks Partidpants: Nancy Morgan,Jon Bauer,Diane Paulsen,Doug Massey,Susan Powell This and other groups made clear that"affordable housing" isn't the only housing issue. Susan pointed out that many families who work here prefer multi-generational types of housing, of which there is little to none in Ashland. Nancy talked about the need for a better educated workforce, but doesn't see how the City could carry that out. Nancy thought that a prime City role could be coordination of resources and information for economic development. Jon said the City needs to listen better to the community, citing the Croman Mill Master Plan as an example of not listening. 24 Development and Construction+ City Reps: Russ Slibiger,Adam Hanks,Diana Shiplet Darrell Boldt, Bob Kendrick,Mark Knox,Jac Nichols,Colin Mullane,Laurie Sager, Participants: David Wilkerson Collin thought the City should be concerned about maintaining a quality water system, bringing options for water from the outside. Bob thought the City should encourage housing of all types, including in the downtown area. Commercial development is also important. Mark stressed the Civic/Collaboration strategies. Darrel focused on workforce education, possibly through RCC or SOU and thus also emphasized the strategies related to collaboration, coordination and information provider. In contrast to some other groups, Jac suggested providing incentives to attract business, "rather than chase them away." David argued for encouraging new housing as an engine for economic development. Bob thought we needed high density building and lamented that it is near impossible to find land. Mark thought adjusting height limits might be useful. Wu ing4hd Diversity; r City Reps: John Stromberg,Mallory Pierce,Adam Hanks,Diana Shiplet Participants: Regina Ayers,Jason Elsy,Don Mackin,John Wheeler Don wanted the City to emphasize business start up, retention and expansion to create family wage jobs. He also stressed the importance of all types of housing, not just low income. Regina agreed about family wage jobs, would de-emphasize tourism 25 ("There's enough going on that's working.")and would like to see the town's rental supply increase. John thought affordable housing was the most important strategy, and suggested the City market that or partner on that: diversity comes from availability of housing options. In order to keep dollars in Ashland, he would like to see more businesses like Superior Windows, which eliminate the need for going to Medford. Jason stressed adequate land supplies, so that businesses don't have to go somewhere like White City to locate. He also thought this strategy should be moved under the Business and Economic growth category, as opposed to Infrastructure. Don and John talked about the perception that regulatory barriers are "off the charts" in Ashland and this hurts the City as it creates unpredictability and uncertainty. One hundred and eighty days is far too long for project approval and the process is too subjective. This comes up later in action items in a variety of groups. It may argue for somehow weaving in the now-separate Council goal regarding the Planning Process. City Reps: Russ Slibiger,Adam Hanks,Diana Shiplet Participants: Peter Alzado,Kevin Christman,Carol Davis,Gary Lundgren,Mark Mularz,Tom Olbrich,Julie O'Dwyer,Howard Schreiber,Marcus Scott,Jim Young,Jess Webb Howard thought the Education/Workforce strategy and the Civic/Community Collaboration process were the most important. He noted the absence of the words "marketing" or"advertising" in the strategies; perhaps they were implied but it made him wonder. For Mark, the two under Diversity were most important; he would like to see the City support businesses that are "thoughtfully innovative." Julie thinks expanding 26 the tourist season and working toward supporting public art are the two most important strategies. Mark and Kevin strongly agreed, stating that it will help with tourism. Carol "doubled down" on expanding the tourism season, talking about how tourist dollars affect the entire community as they"trickle down." Summary of Responses to Question Two: Most Important Strategies It should once again be stated that useful, individual comments appear above, in contrast to the following themes that emerged: ➢Emphasize business more, particularly a wider, more diverse array of businesses (e.g., beyond tourism) ➢Tourism infrastructure is here; let's use it year-round AND improve capacity during its usual season ➢There is a disagreement regarding seeking certain kinds of business (e.g., "enlightened) versus avoiding such a "politically correct" orientation which would continue to limit economic development ➢There is disagreement about how "diversity and inclusion" can aid and is even necessary to economic development versus some major resistance to the idea. ➢There is deep concern that Ashland isn't seen as a place to do business; this has to change ➢ Infrastructure is seen by more than a few as critical ➢Civic/Community collaborations are critical; partnering with non-profits for economic development-related activity would be useful 27 ➢A number pointed to strategy number three—providing a system or mechanism for private investmenticapital in local business ➢There is more to housing than just the affordability issue. It's needed in all sectors and could be an economic engine (though some would argue against that). ➢Adequate land supplies were mentioned by several people Improve planning and development processes/ Reduce regulatory barriers Question Three: Actions The next question asked participants about specific actions that might be taken by the City, to either III in" the specific draft strategies, or to be undertaken apart from them. Workforce DevelopmenULabor Group Heidi Parker: ❖ Provide grants and/or exempt businesses from certain regulations, if need be, for innovative and `vibrant" approaches Jim Fong and Juli DiChiro ❖ Create paths for young people to learn about business and entrepreneurship (so they will stay or return to the community). ❖ Assist them finding internships in businesses. Create a "Youth Success Seminar." Note: Both said they would be willing to work on such a series of activities. Wes Brain 28 ❖ Strengthen the living wage ordinance ❖ Adopt a sweat-free procurement policy ❖ Use economic development zones Restaurant/Retail/Lodaina Graham Sheldon r• Be sure to explain the difference between strategies and actions in any communication about this work 6• Find ways to create ad hoc groups with a mix of public and private to address specific issues (like the recent"deer meeting") Dennis Slattery S• Identify the users of this document +.• Support the 1-5 Welcome Center �:• Look for ways to partner with SOU Don Amway ❖ Plan must be constantly updated and revised Av Need better education and training of both staff and developers/business owners regarding the planning process ❖ Maybe there needs to be just one person handling commercial projects ❖ Address 24 hour parking on Hargadine, for weddings, etc. ❖ Keep Community Development and City Hall downtown (though the locked access isn't good) 29 David Runkel ❖ Create a loan fund to support small business Thom Beam ❖ Increase dollars available to promote and advertise tourism :• City could vacate all City parking spots on Winbum Way now d• Do something like Bend's Pole, Paddle and Putt event, through Parks and Recreation (which might require some freeing up of some rules related to alcohol) •3 Require permits for panhandling ❖ Partner on public arts projects 8• Buy land today and put on ballot (to build a convention center) later David Runkel &Thom Beam ❖ Build a small convention center Dennis and Graham ❖ Perhaps a community center is a better idea Don Amway •A With no affordable airport access and high costs of lodging, we are not a group destination. We need to understand who we are. Lisa Beam ❖ Increase general quality of public spaces (sidewalks, plaza, etc.) to encouragefincentivize business to succeed on Lithia Way ❖ Train (planning) staff in customer service 30 Rich Hanson ❖ Cigarette disposal available on every street or light pole d• Do a survey of all the builders, contractors and architects to find out what they find difficult about planning •: Continue to work on the parking challenges Alex Amarotico ❖ Hire a hearings officer(for planning issues) Economic Development Committee(s) Ric Holt ❖ Need constant evaluation and re-evaluation mechanism ❖ Need metrics for defining sustainability and quality of life ❖ Use terms"creativity and entrepreneurial" as opposed to only the latter Ron Fox d• Don't mess up what we've got. Do no harm. "Be Ashland." Mark Marchetti ❖ Streamline the planning process Mallory Pierce ❖ Do a branding study ❖ Develop an understanding of barriers to doing business in Ashland Jim Teece ❖ Encourage SOU's growth. Double its size. 4• Use SOU, ASD, ACH and CC to create a model of what works locally 31 Health Care/Elder Care Chris Dodson ❖ Serve as information sorting/inventory/resource center for Collaborations ❖ Be fluid with things in order to deal with the unexpected ❖ Improve transportation systems Harvey Ray •3 Help coordinate what we have (e.g., two vans for two care facilities) ❖ Help develop elder care facility owners association Harvey Ray and Connie Saldana ❖ Create more opportunities for in-home care business sector and support adult foster homes Don Makin ❖ Provide water redundancy 4% Develop an inventory list of services/organizations that people considering locating here could draw upon [Chris thought the Chamber/VCB might be better suited to that] Develop a "front desk" (concierge) concept as in Florence, OR where seniors call in for assistance with finding a plumber, cleaner or taxi company who has been vetted by the City. Perhaps there could be a "buy in bulk" co-op service to lower costs for seniors Chris 4• Ashland at Home is already developing something like this 32 Connie Saldana :• The National Aging and Disability Resource Center is working on a similar project Venture Capital/Investment Bill Thorndike ❖ Assess the cost of poverty to our communities and ask if everyone can shoulder that cost. ti• Examine the advantages and disadvantages of the local labor pool. ❖ Develop reinvestment pool of private equity funding and co-investment opportunities ❖ Expand communication efforts/audit current processes and tools, e.g., website to make sure information is available ❖ Consider an industrial lands task force to evaluate industrial land availability in order to ensure possibility of business expansion on existing or adjacent parcels Steve Vincent ❖ Develop Small Business Development Center satellite office or SOREDI satellite office in Ashland ❖ Help develop an "incubator project" to develop or attract businesses 4• The City could be involved in acquiring light industrial land and have it "shovel ready" for development Jeff Monosoff ❖ Reduce permitting/development fees for those who meet certain eligibility criteria (to be developed) (Much agreement from others) 33 ❖ Reconsider TAP intertie Steve, Meiwen and Bill ❖ Increase regional involvement Specialty Manufacturing Susan Powell ❖ Collaborate with other non-profits for grant administration and perhaps serve as a clearinghouse :• Streamline and simplify the permit process ❖ Implement team stakeholder process meetings to get everyone on a project together one time rather than do each step independently Jon Bauer ❖ Act as a primary source of information about business development Doug Massey ❖ Take a proactive role in making start up/expansion process information available, as well as reconfiguration and redevelopment Jon Bauer and Diane Paulsen ❖ Make planning information more readily available and understandable so people know what they are getting into at the start Diane ❖ Re-evaluate land supply issues 34 Sustainability Lynn Blanche ❖ "Save certain things for use and other things for beauty" ❖ "Support/facilitate a system or program to increase access to private investment capital...Don't we already have that in Medford? Can we collaborate with Medford on this?" Tracy Harding ❖ Purchase locally Stephanie Tidwell ❖ Increase use of renewables ❖ Commit to more local sourcing ❖ Perhaps preferential contracting for local business Julie Norman ❖ Work on youth employment solutions Torry Biles ❖ Collaborate with SOU to bring students/graduates into the community •b Local "rewards card"for lower cost purchasing at local businesses ❖ Don't go forward without first creating metrics on non-monetary growth (i.e., determine what we want/value in quality of life) John Alexander 6• Look for innovation when granting monies 4• We need happiness measures other than material or monetary (as in Bali's index) 35 :• Identify a "growth cap" ❖ Develop a local currency Melanie Midlin Examine ways to strengthen local transit ❖ Identify what supplies/suppliers we have here and what's needed and figure out how to target what we need to come here Development and Construction Collin Mullane ❖ "Rules aren't met to be prohibitive. Perhaps if a project meets 90% of the larger goals, it gets approval" (as with Earth Advantage Certification). ❖ Develop a plan to "re-friend"city business people. Apologize for previous lack of support. ❖ Look at other communities to come up with new ideas for Ashland Maybe SDCs could be charged as a long-term property tax, over time, instead of "upfront" Jac Nichols ❖ Develop SDC incentives for developments ❖ Maybe the fees, or a portion, can be deferred until the project is 100% approved ❖ Provide incentives to attract businesses, "rather than chase them away" Darrell Boldt ❖ Support programs already in place (e.g., at SOU, RCC)that educate skilled Workers 36 ❖ Provide information to business, workers and students about that education Bob Kendrick ❖ Re-develop areas, improve/re-develop urban development Mark Knox ❖ Maybe change building height limits Mark and Bob ❖ Create a larger downtown district Mark and Jac ❖ Amend codes to provide a "menu of opportunities," e.g., lower the parking requirements threshold if a developer is willing to choose a higher building ❖ Look to improve private-public partnerships (and though it may be risky, the City benefits from taxes from projects) David Wilkerson ❖ The Council puts in writing that they support development (of certain kinds and with certain criteria of course, e.g., if it meets certain council goals or economic development strategy). This might help mitigate those with overly loud voices influencing Council Housing and Diversity John Wheeler ❖ All the important words in the vision could have hypedinks on the website to ongoing or upcoming actions. ❖ Increase the accepting and use of CDBG monies, particularly for land acquisition 37 ❖ Help with marketing and partnering on Affordable Housing ❖ Develop a transportation hub, with public transportation into and out of Ashland, to tie ourselves to the rest of the valley :• The City should annex and buy property oust to the north of the City near Exit 19) and then subdivide and sell ❖ Have one staff member take ownership of each project and shuffle it through the planning process rather than let it lay untouched on someone's desk for weeks Jason Elsy and John ❖ Waive fees to attract business ❖ The City needs to assure an adequate land supply for business Don Mackin ❖ Make planning requirements Gear, predictable and less subjective ❖ Land that is already set aside and zoned correctly eliminates the uncertainty for siting a business ❖ Streamline the planning process ❖ Identify all vacant property and see if there is comparable zoning to accommodate target demographics. Have that property pre-zoned, as re-zoning is what takes up so much time ❖ Evaluate the use of enterprise zones as a tool for business expansion and retention ❖ Look to develop an executive or research development park here (as that is what we now have left with Brammo) 38 John and Don 4• Reduce the 180 day approval process; it's far too long Regina Ayers Increase the rental supply units in town ❖ Develop a rental registry ❖ More vertical housing Identify all multi-family use space and make sure that single family homes are not built there ❖ Develop waivers on density bonuses for affordable housing ❖ Develop car-free or pedestrian only areas and become less auto-focused ❖ Help develop the Northlight property which is an eyesore ❖ Develop a housing trust fund Creative Arts Peter Alzado ❖ Assist with the smaller theaters and art groups ❖ Establish a fund beyond the TOT to promote artists Many together the arts and sciences ❖ Support housing for artists or, more generally, provide financial support for theater companies. Tom Olbrich and Peter ❖ Expand grant programs for the arts 39 Mark Mularz Market what's here ❖ {Howard thought the process in place for permitting events is good.} ❖ Look to other communities to see what is innovative, new, challenging but necessary Jim Young A Change laws to better allow for parades and loud music Gary Lundgren :• Develop a way for small businesses to obtain easier access to capital Kevin Christman ❖ Could there be a PayPal link on the City website to support the arts? Marcus Scott ❖ Make the plaza off limits to cars ❖ Create an outdoor mall, open all year ❖ Create a space where businesses could be "incubated" and helped to grow. Jess Webb •> Connect with SOU and OSF for economic benefits A Create a staff member to act as liaison to film projects ❖ Provide incentives for encouraging film production here 40 Additional Questions: There were varying amounts of time left (on occasion, none at all)after groups finished the "actions" section, and since there were different emphases in each group, the facilitator used the last few moments in different ways.3 Sometimes, he asked what the City should avoid doing. In other groups, he asked, "If there was "just one thing" you would like to see the City do, what would it be?" On occasion, he simply asked if there was anything people wished to add. Workforce Development/Labor Group In terms of things the City should not do, Lynn Thompson respectfully suggested staying away from everything mentioned by Wes (a living wage ordinance, sweat-free procurement policy, economic development zones). Instead, the City should be setting up an attractive--not regulatory--community. Restaurant/RetaiVLodaina Though there was disagreement on this issue from within and outside of this particular group, David thought all references to diversity/indusion are "total BS. They don't belong in an economic development strategy." When David later suggested dedicating a portion of a lodging and food tax to a convention center, Thom cited AFN and the wastewater treatment plant as examples of failure. Thom further said that while he supported the convention center idea, it would be "social suicide"to recommend 3 That variance was determined mainly by the number of people present,as well as how verbose each group was. In addition, the introductory time (to each other, to the process, questions asked)also varied. 41 using lodging and food taxes for another project. Thom added that the City should not expand the downtown core while there are still vacant buildings in the current space. This group was asked if there were one thing you could direct the Council to do, what would it be. Almost the entire time remaining was spent discussing how to make the planning process easier and more predictable, as, according to Graham, it "currently feels like going through a meat grinder." Various problems were cited, and Lisa said it seems some City employees don't understand that people don't want to do business in Ashland because for them, time is money. Dennis said he thought the process seemed arbitrary(as did Graham) and capricious and there was too much "government mentality" at the expense of"entrepreneurial mentality." A variety of actions were offered (listed in the previous section of this document). Economic Development Committee(s) All of this group's responses are found in previous sections. Health Care/Elder Care Harvey emphasized "the good work" at Skylark (where everyone buys into the community). Perhaps that could be modeled; he would be willing to work with the City to see what could be extrapolated. He also recommended that the City support existing programs, and be careful not to duplicate them. 42 Venture Capital/Investment Bill cautioned the City from doing things that don't assist in generating and maintaining local money, or from engaging projects and programs that don't "pencil" on a cost-benefit analysis. Specialty Manufacturing Doug said to stay away from anything that creates roadblocks and instead adopt and maintain a role of facilitation and assistance. Diane agreed but added the City must avoid anything that disrupts the balance between business needs and community needs. Nancy stressed avoiding avoid service duplication. She added that she appreciated the direct access to information and staff that she couldn't have had in other communities. Susan cautioned against changing the "Ashland brand." Sustainability Melanie, with the group's agreement, strongly opposed "recruiting big business" from outside. Lesley noted that Ashland is the only municipality participating in the RPS process that chose to stay within its current boundaries. Tony and others added that Ashland should not expand beyond those boundaries. Lynn said not to be afraid to reach, or be extreme and to look for opportunities to focus on "green." Development and Construction A number of people in this group felt picked on or singled out in the past. Mark recommended that the City quit trying to manipulate the free market, avoid changing 43 codes without realizing the long-term consequences (e.g., disallowing condo conversions, resulting in no new apartments being built). Further, making affordable housing a "building requirement" isn't as useful as creating incentives to build them. Collin agreed, and suggested that the City can't make people want things; it should try to ascertain what people do in fact want. David said the City should stop passing "knee- jerk reaction ordinances" (e.g., condo conversion and the YMCA big building ordinance). Jac said the City shouldn't kill a project because of one, single issue (e.g., Northlight's setback). He further stated they should facilitate but not try to lead economic development and, contrary to suggestions from other participants, they don't have to hire full-time staff for it. David remarked that we need to find a way to be civil with one another, to disagree without being disagreeable. Mark added that he has worked with most people in the room and each is passionate about this community. "We all want to keep Ashland special." Housing and Diversity Both John and Don emphasized that because Ashland is perceived by others in the region as exclusionary, fewer people come here. This has to do with the meals tax, the focus on tourism and an `isolationist" image. The City needs to reverse that perception. John did add that he appreciates the SDC waivers, re-zoning to higher density and other things the City has done to assist business. 44 Creative Arts Howard mentioned that he thought the process in place for permitting events works well. All other responses from this group are documented in previous sections. Summary of Actions and Responses to "Other" questions Suggested actions ranged wildly and sometimes, as one might expect, contradicted each other. Responses differed along ideological lines; where interests were opposed; and when respondents' different visions for Ashland collided. While some wanted to emphasize diversity and inclusion, others cautioned to stay away from anything related. Some wanted to emphasize things"green;" others thought that ill-advised. As some suggested lifting regulations thought onerous to businesses, others wanted additional regulations. A few respondents said to avoid seeking (big, outside and/or new) businesses for location here; others suggested going after them or at least making it more attractive for them to come. In addition to the process-related suggestions listed earlier, under the strategies questions, others were offered here, including 1) making certain that the "audience"for all future documents was correctly identified and accounted for, 2) explaining clearly the difference between strategies and actions, and 3) making certain that any economic development strategy be constantly updated and revised. There were many, many creative and potentially useful ideas that were singularly offered (as well as some that might not be so useful). A few clusters of ideas offered a number of times (themes), include the following: 45 • One set of suggestions offered as much or more than any other involved the City's role as facilitator of economic development. The City should facilitate groups and processes, whether that be for specific issues for a specified length of time or for ongoing, problem-solving groups. • Related, it was thought the City should collaborate with established groups to advance economic development. Groups mentioned included SOU, the Chamber of Commerce, the hospital, OSF, the schools etc. • The City should "incentivize" businesses and groups of different kinds (that served the City's vision, e.g., green, innovative, artistic, etc.)through things like increased grants, loans, reinvestment pools, reduced or waived fees, etc. • The City should improve its role as a source of information for economic development-related activity. Various suggestions on how are above. • Many people commented on planning activity, as respondents wanted improvements in customer service as well as the streamlining and clarification of regulations and the planning process. • Infrastructure improvements of many kinds were suggested: transportation, parking downtown, public art, vertical housing, rezoning, sidewalk improvements and more. • The City should have one, "go to person" for many different things related to economic development. • There were a fair number of people who expressed concerns about panhandling, loitering and related activity that discouraged tourists and others from coming and doing business downtown. 46 • Some mentioned water redundancy. • Others mentioned land acquisition. • Several offered a version of"do no harm," that is, don't ruin what is here. 47 CONCLUSION Ten focus groups, each lasting one and one half.hours, were "run" by an experienced facilitator—the author of this report–between mid-September and mid- October of 2010. Qualitative data were obtained as individuals in like-minded groups responded to questions and interacted with each other. The process also attempted to involve participants via "outreach and education." Previously, Ashland's two Economic Development committees—Technical Advisory and Polic"rafted an Economic Development Vision 2030 and corresponding set of strategies. Focus group participants were asked to react to the draft vision and strategies and suggest actions the City might usefully take or avoid. The ten groups included workforce development, members from the two economic development committees, restaurant/retail/lodging, healthcare/eldercare, venture capital/entrepreneur, specialty manufacturer, sustainability, housing/diversity, development/construction and creative arts. Emergent themes are presented in the Executive Summary located at the beginning of this report. Additionally, it is important to say that a number of participants made clear their expectation that the City of Ashland would act as a result of all this work, implementing the best"actionable" strategies, ideas and suggestions that were offered. Fear that the focus group results and the larger report would "sit on a shelf"was expressed a number of times, during and in between focus groups. Several participants suggested the best way to do this was appoint a City "point person" for economic development and the ideas herein. Another method to ensure follow through is to attempt to immerse the City staff culture in economic development thinking. Of course 48 the exact strategies and tactics will be chosen by City officials. It is hoped that this report will ultimately aid some of those choices. 49 APPENDIX A. Methods B. Focus Group Selection C. Project Background/History D. Background Documents 1) Focus Group Member Rosters 2) Focus Group Member Packet 3) Sample Invitation 4) Focus Group Minutes 5) Facilitator/Consultant Bio 50 APPENDIX A. - Methods Focus group interviews are a type of qualitative research method, intended to yield richer, more in depth data than most numerical, quantitative approaches. The focus group interview dates back to the mid-fifties and has been used in thousands of investigations involving marketing, political, educational and other contexts. The technique gathers more or less homogeneous (like-minded) groups with an interviewer/facilitator to "focus" interviewee attention on a particular topic in order to create a group "synergy," the idea being to generate ideas that would perhaps not surface in a single person interview context. The interviewer asks participants a series of focused questions and then, as interviewees answer, repeats back, paraphrases, summarizes and probes in an attempt to "mine"as much information as possible. Areas of agreement and disagreement are noted, and interviewees are encouraged to "piggy back" on each other's ideas as a brainstorming-like effect is created. Jon Lange, Ph.D., Professor of Communication at Southern Oregon University, acted as the facilitator. Along with City project staff, a number of interview questions were generated. The questions reflect the specific data that the City of Ashland sought from its citizens regarding the creation of an economic development strategy. Not all questions were asked of all groups. (See Results section.) Questions: 1) Take a look at the list of strategies on the wall. Think silently for a moment and then I'm going to ask you, one at a time, if you think these strategies are on the right track. 51 2)What is the single most important economic development strategy the City could take on--either one that is already on the list or not—that you think would benefit you and your organization the most? 3),Again, from your perspective as a , what actions oractivities would go with or correspond to that strategy? 4) For the entire local economy, what is the single most important action or activity the City could and should take on? 5)Also, are there activities or ideas the Council or City should stay away from, that is, NOT do, in terms of local economic development? Additional questions if time: 6)What local economic development activities that are occurring now do you think are working and should continue or even be expanded, whether done by the City or by someone else (i.e. Chamber, SOREDI, SOU/RCC, etc) 7) If you could direct the Council to do anything you wanted with regard to supporting and/or enhancing the local economy, what would you have them do? 8) Is there any°general-big picture" or"specific-detailed" idea, about economic development, that we haven't gone over yet, or that you really want to re-emphasize, that you think ought to be heard by the Economic Development Committee or the City Council? 9) Are there any questions we haven't asked you that we should have? Is there anything else you wish to add? 52 APPENDIX B. - Focus Group Selection Focus group categories were proposed by City Staff and discussed and "finalized" by the Economic Development Policy Group & Technical Advisory Committees. Potential focus group members were generated for each of the nine categories based on input from the Economic Development Policy Group & Technical Advisory Committee, as well as from the Mayor and Council. Specific dates and times were predetermined for each focus group meeting. Invitations were sent to approximately 18- 20 people per category with a target of 10-12 accepted invitations per category and focus group meeting. (See appendix D for sample letter.) Many invitees could potentially"fit into" more than one focus group category and some movement between groups was made with a goal of securing a minimum of eight participants per group. While the end result was somewhat short of this goal in a few categories, in all nearly 70 people were able to participate in the focus group process. In all, the final participant list (see appendix D) provided a wide spectrum of expertise, interest and involvement in each of the focus group categories, which resulted in a healthy exchange of opinions, ideas and feedback for the two committees' use as the final strategy document is developed and presented to City Council. 53 APPENDIX C. - Project Background/History The Focus Group meetings were a significant component of the overall citizen involvement plan for the Economic Development Strategy project. Additional outreach and input methods included two open house/public forums, one held in the afternoon and one the following evening, as well as an online questionnaire. The format of the open houses/public forums were similar to that of the focus groups in that the same set of questions were posed of the group, with similar efforts of the facilitator to extract feedback from as many of the attendees as possible and attempt to conduct follow-up's and clarifications as time and flow permitted. The open houses/public forums also functioned as an information and outreach effort to provide background and history on current and previous economic development efforts by the City. Contact information was also collected for future outreach efforts to those interested in the progress and completion of the project as it moves forward through the final committee meetings and on to the City Council for formal review and ultimate , adoption. The online questionnaire, available on the City's website for roughly eight weeks while the focus groups and open houses/public forums were being held, was also based on the questions and format of the focus group meetings so that all three different outreach efforts could be collated and summarized with as much consistency as possible. t 54 APPENDIX D. — Background Documents 1) Focus Group Member Rosters City of Ashland Economic Development Strategy Focus Group Participant List VUor L r- "l:q"9iaea- '-E� YmvimG!' d� RS ,{. -T'•-. : kF_orce,Developmerit/,LaboraGrou�p`�"' � ,�.,Y,„.�,.,- „ Name Organization Wes Brain Southern Oregon Jobs With Justice Jim Fong The Job Council Lynn Thompson Attorney&Ashland Budget Committee Julie DiChiro Ashland School District Bill Aron Rogue Community College Heidie Parker Ashland School Board Dean Cropper BioSkin LLC-CEO/Founder Restaurant/Retall/Lodgings Name Organization David Runkel Anne Hathaway's Cottage/Ashland B&B Network Don Anway Ashland Springs Hotel Dennis Slattery Southern Oregon University-Hospitality/Tourism Services Thom Beam Pasta Piati,Tabu,Sesame Kitchen(Restaurants) Lisa Beam Pasta Piati,Tabu,Sesame Kitchen(Restaurants) Alex Amarotico Standing Stone Brewering Company Graham Sheldon Waterside Inn Rich Hanson Gold&Jems Jewelry Economic Development Committee �rh, 1 '_ _"" a, "' * ,«.tom a Name Organization Jim Fong The Job Council Ron Fox Southern Oregon Regional Economic Development SOREDI) Ric Holt Southern Oregon University-Economics Jim Klein Southern Oregon University-Provost Mark Marchetti Ashland Community Hospital Mallory Pierce Oregon Shakespeare Festival John Rinaldi Ashland Planning Commission 55 Wendy Siporen The Rogue Valley Initiative for a Vital Economy(THRIVE) Jim Teece Project A/Chamber of Commerce i F1ealth;Care%ElderrCare . Name Organization Laurie Schaff Ashland YMCA Harvey Ray Ashland Community Hospital(ACH)Board Don Mackin Former Ashland Housing Commissioner/ACH Foundation Connie Saldana Rogue Valley Council of Governments `Venture Capital/litves`tment :,, �3 =H T�+''& �r; ' Name Organization Bill Thorndike SOREDI Board Member Jeff Monosoff Ashland Certified Financial Planner Meiwen Richards People's Bank of Commerce Steve Vincent Avista Utilities/SOREDI Board Member S eda M n f cturm`'`IQ '. P. . hY. g ,J Name Organization Nancy Morgan Dreamsacks,CEO/Founder Jon Bauer Bauer Fly Reels,Owner Diane Paulsen Cascade Peak Spirits,CEO/Founder Doug Massey Dagoba Organic Chocolate Susan Powell Dagoba Organic Chocolate Name Organization Leslie Adams KS Wild-Rogue Riverkeeper John Alexander Klamath Bird Observatory Torrey Byles Economist-Granada Research/Former THRIVE Board Larry Blake Southern Oregon University-Planning&Sustainability Lynn Blanche Southern Oregon Sustainable Business Network Heidi Dawn Rogue Valley Growers Market Tracy Harding Rogue Valley Farm to School John Lamy Southern Oregon Sustainable Business Network Melanie Mindlin Planning Commissioner/Transition Town Julie Norman National Center for Conservation Science and Policy Stephanie Tidwell KS Wild De_v_elopment and Construction Name Organization Darrell Boldt DA Boldt Construction Bob Kendrick Commercial Building Owner/Developer Mark Knox Urban Development Services-Land Use Planning Jac Nichols Architectural Design Works,Inc 56 Colin Mullane Gateway Real Estate Lauire Sager Sager and Associates Landscape Architects David Wilkerson Ogden Roemer Wilkerson Architecture ,Flbusing,,andDlveitty,.', .'+� Name Organization Regina Ayers Ashland Housing Commission Jason Elsy Jackson County Housing Authority Don Mackin Former Ashland Housing Commissioner John Wheeler Rogue Valley Community Development Corporation L ` Y Y i..9 4 L Y Fi4nA ,Creatrve?Qrts{c , w i'4.. Name Organization Peter Alzado Oregon Stage Works Kevin Christman Sculpter/Painter Carol Davis Davis&Cline Gallery/Ashland Public Arts Commission Gary Lundgren Joma Films Mark Mularz Acorn Design Tom Olbrich Ashland Independent Film Festival Julie O'Dwyer Tease Ashland(Restaurant&Events) Howard Schreiber Southern Oregon University-CommunicationsNideo Marcus Scott Uthia Artisans Market Jim Young Lithia Arts Guild Jess Webb Southern Oregon Film&Television 57 2) Focus Group Member Packet(sample) CITY OF ASHLAND Focus Group Meeting H2 Restaurant/Retail/Lodging Sept 21',2010 10:00-11:30 Siskiyou Room,51 Winbum Wy 1. Mayor/Coundlor Introduction (1-2 minutes) • Welcome-Introductions • Economic Development Council Goal • Appointment of the Economic Development Committee IL Economic Development Committee Background (I-2 minutes) • Committee background work to due \ • Citizen Involvement plan III.Focus Group Process (2-3 Minutes) • Facilitator Introduction • Format,Intent aM Gmundndes of focus grmp III.Focus Group Questions/Dialogue(75-80 minutes) 1)Review the list of strategies(mjer to wall visuals/handour). Do you think dint these strategies are on the night track? 2)What is the single most imponard economic development sinwegy the City could take on,either one that is already on the list or noL that you think would benefit yen and your organization or business sector the most? 3)Again,from your perspective,what actions would go with or correspond with then priority strategy? 4)For the entire local economy,.what is the single most important action or activity the City could and should take on? 5)Are there activities or ideas the Council or City should nay away from that is,NOT do,in terra of local economic development? • Additional Questions If time permtts(see reverse side of page) Economic DEVELOPMENT STRATEGY Enhancing economic strength in community 58 6)What local economic development activities that are occurring now do you think are wotkiug and should conthme or even be expanded,whether done by the City or by someone else(i.e.Chamber,SOREDI,SOU/RCC,etc) 7)If you could direct the Council to do anything you wanted with regard to supporting and/or enhancing the local economy,what would you have them do? 8)Is there any"geneml•big picture'or"specific-detailed"idea,about economic - development,that we han m't gone over yet,or that you really went to reemphasize, that you think ought to be heard by the Economic Development Comumuee or the City Council? 9)Are there any questions we haven't asked you that we should have? Is there anything else you wish to add? ECOIIOI iC DEVELOPMENT STRATEGY Enhancing economic strength in community g � ( \ f / RL 0 CD ® \ CD 5' 0 -ME C En (� } \\ 70 727 c \ ( o 0vc 0 � k ) k $ i ) kl ; an _ ) } k • [ $ { [ � % 7 § �_ aCD § p ' 60 x ro CL a v m � w ro o M 'w 7 ' •J ' m rr•F m [� 0 O o A C Cl) 3 < C m a. r y s' m H x 3 m 3 'A a � n K 61 2030 Vision Statement Ashland is one of the most vibrant and livable communities in the West,with a unique combination of performing and visual arts, natural beauty,outdoor recreation,business entrepreneurship, urban services,with a small-town openness and friendliness not found anywhere else. Its economy is adaptive,resilient,and flexible,built on a world class foundation of the arts,Southern Oregon University,and a vibrant and Creative business sector that thrives on iMOVatiVe and imaginative solutions to local,regional and global challenges. The economic health of the community is supported by excellent education,high quality public services that include a commitment to the use of technology to connect our residents and businesses to the global economy. A specialized and targeted tOUrISM program is a major economic development asset as well, attracting people who may one day want to live and ran a business here. All of the combined efforts of our CO=Iulity are conducted with an active and open civic culture that welcomes and expects a diverse range of opinions and ideas. AEmlvl4lratlm 'RI:341/53:3016 30 E.Man strc Fu:511/48b3511 Econoni C DEVELOPMENT STRATEGY A WIL Orcgm 91530 =g 35-3900 w•wu,.g;11�20d mns Enhancing econ om i[strength in community 62 Proposed Draft Strategies The initial draft strategies convey a sense of the direction, and are flexible enough to evolve through a community process involving focus groups, open houses and online questionnaires. > Business&Economic Growth - Supportalaollate a systen or program to Increase access to private hwastnaol capital for loci businesses,with a lows on'seed lundrg'fa suet bushels stall up and expanslen. - Epand the lours an seasat beyond srmn peak ninths and expand events and adhities to attract and retain a cl V tourist demographic - Srpport/fadltato a systen or program for ongoing and coorcinated efforts to assist and encourage local business start-up,retention and expansion - Dovdop a std of target industry cl ustadsoctors to support and enhance new and odsting business cuWation,research and lob training strategies > EducationMorldorce Development - Supped targeted oducallon,skills and waddarce development eflUrls to ensure a high quality local 11 woridorce prepared to mod both the needs of local enployers as wet as establish new business,start-ups. i > Diversity/lnclusion III444 -Encourage aid sepal the availability of at needed hatstrg types at price ranges and red Isids that malch up with the hcornes of Ashland households - Support err proNdo proWr the ern) x and incoaso business cieudopmed(stet-up a expansion)opporlunilies across all untlartptesented cartographic earpornis/denels of err communiy(age,gander,dmlciy,du) - EstabOSh and adopt a plan to provide denngraphic sbstainabilly to the comttntly,insuring[hat Me overall ago donagepHCS prcMde a relatively consistent student population tar err schools > Civic/Community Collaboration iii - Increase ner5i Pan I asAwolwiml vAln local and regional perlrtea to bettor coarMde salons and histives wheal connon goals and strategies exist - Develop nethods/pogram to iraatise availability end access to edslig local business mpatiso with rndstlrg and eneghg business needs(volunteer pea,ratted,etc providing consulting adsco&support) > Infrastructure/Public Services - Asanm adequate land supplies are available far needed hUgness start-up,growth and egbaasion - Continue to improve aid tleveiop quality toed Irarxpodatien system to ensure a variety of lranspodallm options are salable to clams,customers and businesses,both to goods receMng/doiwry end personal access IWLkjhwt the carrmrity - Maintain quality utility systerre rneel or exceeding mdronmental standards for daclddy water, waste water,teloconnnications and lam water with sustainable rate models Admtnhtrrb n1:9111552-2M 2e E.stun seen F.:541/489-5311 ECOnonttC DEVELOPMENT STRATEGY Mhl.,k@egon 91520 TTY M735-2900 •swaAihnd.oras En ban Cing econ am Strength in Community 63 We'd love your input! Our citizen involvement process has been constructed to gather input and feedback on the initial work of the Committee using three*different involvement tools. 1 ■ FOCUS groups.Snnal groups of a to 10 individual,who,like you,represent one(or more)of nine different components or elements of our community.The focus groups will meet with an independent facilitator to hear a short introduction of the process and draft strategies then share thoughts on good elements,what may be missing,what is the highest priority,etc.The group categories are: Creative Arts Housing/Diversily DevelopmenVConstruction Restauran Retai/ odging World onee D e vebpnenl Healthcare/Eldercare •Specialty Manufacturing Ventura CapitaVEnlreprenuer 2 ■ Open houses.Designed to provide an overview,of the process to the entire community. An opportunity to catch up on sonne of the already completed background work and provide input and opinions on the initial draft strategies of the Committee. 3 ■ Online questionnaire. For community nnenibers that prefer individual research& study and the ability to comment and provide input at their convenience.The questionnaire win be available online on the Citys websile aid in hardcopy at City Hall and the Community Development Building throughout September and October. The combined content from the throe feedback efforts will be compiled in both summary and domil toms and will be used by the Economic Development Committee to reline the strategies and develop the actions to male the plan successful. Or, Connect with the Mayor.As always,individual input by email,letter,phone or appointment to the Mayor's Office is also available and encouraged.Background information on the Economic Development Strategy project,local and regional economic development statistics,as well as a link to the online questionnaire and direct link to submit comments to the Mayor's office can be found at www.ashlanderus/econdev. Written comments can be mailed to the Mayor's Office at 20 Fast Main Street and he can be reached by phone at 541-480-0002. AOmwsmdfth RI:MI/552-2616 20 E.Nfui Sftw Fu:54IH8&5311 FcononllC DEVELOPMENT STRATEGY ' I� nsnu6a age 97520 Trr.s 35.29w a a lrn a"d°r y Enhancing economic strength in community 64 3) Sample Invitation CITY OF ASHLAND September 20, 2010 Dear Since late 2009 the City of Ashland has been working on a community process to produce a new economic development strategy for our town. For the first stage of the process I appointed a Policy Committee and a Technical Committee to create an initial list of draft strategies that could be taken to the community for its feedback. We're now ready to begin that process and you may have a role to play in it. I am inviting you to attend and participate in the Venture Capital/Entrepreneur/Investment focus group. This group will meet from 10:00-11:30 on Monday October 4th in the Siskiyou Room of the Community Development Building located at 51 Winburn Wy. If you are willing and available, we will send you background materials by e-mail to review in advance of the meeting. These materials will include a list of draft economic development strategies on which you will be commenting plus logistical information about the session itself. If you feel that someone else within your organization is better suited to this process than you, please let us know as we are trying to engage and capture as much community expertise in our process as possible. If you are not able to attend but would like to comment, receive the background materials for personal review or have your name placed on a list for updates as the process moves forward, please let us know by contacting me at IohnCcDcouncil.ashland.or.us, or Project Manager Adam Hanks at adam(Washland.or.us or by mail to my office at 20 East Main St. Additional opportunities for involvement and feedback are also outlined in the enclosed citizen involvement flyer. All feedback collected from the focus groups, open houses,online questionnaire and individual responses will be compiled and organized for the Policy and Technical Committees to use as they form the final draft strategy document that will be proposed to the City Council for official adoption. Please let me know by September 28th by responding to Diana Shiplet at shipletd(ccDashland.or.us or 541-552-2100. I very much appreciate your time and involvement and hope your schedule permits you to join us in this important project. Best regards, John Stromberg, Mayor 1) Focus Group Minutes 9/17/10-Workforce Development/Labor 9/21/10—Restaurant/Retail Lodging 9/22/10 - Economic Development Committee 9/23/10— Healthcare/Eldercare 10/4/10—Specialty Manufacturing 10/4/10—Venture Capital/Investment 10/5/10—Sustainability 10/6/10— Housing & Diversity 10/8/10—Development& Construction 10/20110—Creative Arts All Focus Group Minutes are available by e-mail upon request to Adam Hanks, Project Manager—Administration at adam(Qashland.or.us or on the City's website at www.ashland.or.us/fgminutes 66 JON LANGE , PhD . 670 BERRY LANE • ASHLAND • OREGON • 97520 • 541.552.6425 • 541.778-4072 lange@sou.edu BIOGRAPHICAL SKETCH Jon Lange is Professor of Communication and Director of Training and Organization Development at Southern Oregon University. He received his Ph.D. from the University of Washington in 1980, was chair of the Department of Communication at SOU from 1986 through 1991, and currently teaches courses in organizational communication, mediation, negotiation and conflict resolution-areas in which he has authored dozens of papers and publications. Jon has extensive applied experience having facilitated groups and/or mediated disputes in business, environmental, non-profit, government and health sectors. His clients include a dozen different physician groups, hospitals, and health clinics; the United States Forest Service and the Bureau of Land Management; the cities of Medford, Ashland, and Grants Pass; Jackson, Josephine and Siskiyou counties; a wide range of Oregon state agencies; and many regional corporations including Boeing and Bear Creek Corporation. Jon has negotiated a number of labor contracts, facilitated numerous retreats and trained hundreds of mediators. He has conducted focus groups for public, private and government entities. He has served on several boards including--4ocally--Mediation Works, and in California, the Center for the Resolution of Environmental Disputes. Jon serves on the Roster of Environmental Mediators with the U.S. Institute of Environmental Conflict Resolution. CITY OF -ASHLAND Summary Report Open House/Public Forums November 3`d 3:00-5:00 PM November 4th 7:00-9:00 PM Citizen Involvement Plan Economic Development Strategy January 15, 2011 EConorniC DEVELOPMENT STRATEGY Enhancing economic strength in community Background The Citizen Involvement Plan for the Economic Development Strategy project contained three primary elements, all with a goal of providing the Economic Development Committee with feedback, input and recommendations on the Committee's initial draft vision and draft strategies. Each of the three elements; focus groups, open house/public forums and an online questionnaire,were selected to provide residents, business owners and others a variety of times and formats to learn about the project and provide input on their thoughts and recommendations on the Committee's work up to this point. Format Each open house/public forum was designed to operate as consistently as possible with the focus group format so the context of the responses collected are similar and overall summaries "make sense"when compiled. The meeting agenda/format and the minutes taken from the group question and answer portion of the event are provided in the appendix. Summary Open House#1 As expected when compared with the focus group format,the comments and recommendations received at both open houses were quite diverse, but many did echo comments made in the focus groups, including ideas for expanding the tourist season possibly with the development of some sort of a community event/conference space. As was repeated in focus group meetings and discussed at the Committee level prior was the concern that the land use development process was a deterrent to business growth and development, with a specific suggestion that City staff could benefit from customer service training and realignment of how their services are provided to the community. Also mentioned was further investigation on the potential for small cluster development, incubator and co-op formats to leverage existing business strengths and minimize capital needs. Open House#2 The evening open house had far fewer attendees, which provided somewhat of a different level of discussion among the participants. Rather than specific suggestions of actions, discussion regarding how various broad and impacting components fit together and impact economic development, such as maintaining or increasing quality of life while also increasing the economic prosperity of the community,the balance between eaming potential and cost of EconorniC DEVELOPMENT STRATEGY Enhancing economic strength in community living,how future climate change may affect the community and the role of economic development in adapting and possibly thriving with the changes. Again, the issue of the balance between the community's desire for strong land use development regulation and how that regulation is provided arose as a specific action or task for the City to address. There was general agreement and recognition that the City's role in other issues, tasks or actions discussed may not be as direct. EconorniC DEVELOPMENT STRATEGY Enhancing economic strength in community APPENDIX 1. Open House #1 — Agenda and Minutes 2. Open House #2 — Agenda and Minutes 3. Open House Meeting Advertisements (Daily Tidings, Mail Tribune) Economic DEVELOPMENT STRATEGY Enhancing economic strength in community CITY OF -ASHLAND D Economic Development Strategy . Open House #1 November 3rd, 2010 3:00-5:00 Pioneer Hall 75 Winburn Wy 3:00-3:15 Individual informal welcomes and orientation from Mayor,Committee Members& Staff. Nametags, Sign up sheet for e-mail notifications and a small packet of background documents 3:15-3:20 Formal welcome and introduction from Mayor Stromberg and/or Councilor Russ Silbiger thanking them for their time and interest and providing some background context with Council Goal background. 3:20-3:25 Welcome and comments from Committee member-Annie Hoy 3:25-4:00 Group Q &A with Facilitator Jon Lange opening statements prompting ideas and context for inpu, feedback and discussion. Committee members/staff available to respond. 4:00-4:05 Thank you from Mayor/Committee members/staff A welcome to stay for more casual conversation, individual interaction, completion of questionnaire, etc 4:05-4:45 Open Discussion time EConort'dC DEVELOPMENT STRATEGY Enhancing economic strength in community Open House November 3,2010 Page I of 4 MINUTES FOR THE ECONOMIC DEVELOPMENT OPEN HOUSE November 3,2010 Pioneer Hall 75 Winburn Way ROLL CALL Leadership members present: Adam Hanks, Diana Shiplet, Russ Silbiger, Mayor Stromberg, Jon Lange. Policy/TAC Group present: Bill Molnar, Ron Fox, Annie Hoy, Wendy Siporen, Ric Holt, Emile Amarotico, Sandra Slattery Participants present:Lisa Beach,Andreas Paulsen,Drew Bailey,Melissa Brandao,Risa Buck, Marie Donovan, Phil Messina, Huelz, Lloyd Haines, Jaime Marshall, Chris Clayton, Garrett Furukiti, Denise Daehler,Dennis Slattery (From sign-in sheet, others may have been in attendance) WELCOME AND INTRODUCTION Russ Silbiger welcomed the group and thanked them for their time. He gave a summary of the origins of the project,read to them the Council goal and explained the two-group process so far. Annie Hoy thanked the group for their time and gave and overview of her experience on the Policy Committee. She described how these draft strategies and vision statement were created and a little about the focus groups. Jon Lange welcomed the group,had them introduce themselves,and gave a little overview of how the rest of the open house will go. OUESTION 1: What is your general reaction to the Vision Statement and Draft Strategies? Are there specific actions the City can do in connection with the strategies? Do you have an_ythine to add or any questions? Risa: Has a question about the first line in the Vision Statement. What does"vibrant and livable" mean to the group? It's different for everyone. She thinks the Vision Statement can be successful because it can mean just about anything. She would like to see a commitment from the City to think seriously about waste management and making a goal of going to"waste zero"as soon as possible. If we are able to conserve our resources, we would be able to expand the local economy. Melissa: As she reads the Vision Statement she feels that Ashland is already represented there. A Vision Statement, though, should be what we are trying to achieve, not what we already have achieved. We need a vision of how to expand in a forward(and green)thinking way. The Vision Statement should be more aspirational. Jaime: As a bookkeeper, she's frustrated by the frequent lack of basic knowledge of how to run a businesses that is in this community. She would like to see a program for how to learn to run a business(legally and successfully). 'Perhaps if a person/group finished the course,they could have access to grant funding. Open House November 3, 1010 Page 2 of 4 Andreas: We often forget it's a global commerce age. We should have recognition of those businesses who work globally. Everything we create here is viable for use by someone somewhere else in the world — we just need to be open and encourage those connections with national and international businesses. Also, be open to national and international businesses setting up here. Melissa:Business today is about a specific model. Ashland could define itself by having a business model unlike any other— i.e. be the example of how to create unique businesses. Ashland has a micro business community and has every level of business here to use as the starting model. Garrett:Has there been any discussion in the groups or focus groups on using the"incubator"model of business development and growth? He is currently working with a group hoping to start using that model. The Rogue Valley Resiliency Fund is hoping to create a co-pack facility for local farmers for assistance in distribution of their product. Jaime: She and her friends have talked a lot about wanting to have a Trader Joe's here in town as an "anchor"business to attract other businesses and strengthen the ones we have. Annie: Ashland is the wrong size of market for a Trader Joe's. Drew: The Chamber did a review of businesses recently which showed the grade for,"an easy place to do business" was not good. We need to work to change that grade, to make it easier to do business here. Denise:One challenge for businesses is that there is no community space available for use. We can't host events or festivals (particularly off-season) due to the cost of the space, lack of size, etc. A community use space would be excellent, particularly in the 300- 500 people range. Another challenge is that it's a small town with a very short selling season(3 great months, 9 just scraping by). This means business owners must work very long hours which limits community involvement, access to additional training, etc. A third challenge for businesses here is that large delivery companies won't deliver to our businesses because we can't do consistently large enough orders. This means we pay a higher cost for the deliveries we do get and must pass that cost on to our customers. Action:Facilitate the bringing together of groups to expand buying power.Maybe create a"buying co-op". Risa: That's probably not something for the City to take on,but is an opportunity for businesses to see the gap and work together to solve the challenge. Lisa: Most important to her is seeing the tourism season expanded. Drew: Agrees that the off-season is very important. He would love to see that, like Bend,we have festivals(beer,etc.). Would like to see Ashland use the things we already have(breweries,Organic Nation, wineries, etc.)to create off-season festivals. Lloyd: Expansion of the tourist season is important and we do have the infrastructure in place to support that. He would like to see the City help support off-season festivals by waiving a tax for the event(like Food&Beverage or TOT). In other words,could the City incentivize the creation of new Open House November 3, 2010 Page 3 of 4 festivals? Marie: We need to work to change the perceptions of what Ashland is like, i.e. that we are only boutique businesses. Agrees that the planning process is daunting,we need a"step by step process" to follow in business creation. Lloyd: And it is more than just a perception. Our reputations are well earned. Melissa:The Ashland workforce has short-term jobs—could we create or cultivate off-season jobs? Could we create a cluster beyond theater where we specialize in fashion/clothing construction or woodworking? Huelz: Congress has been talking about"green jobs"but he doesn't see that reflected in the drafts. Can't we do things like become a center for building green products that we also use(create solar panels that are also on every hometbuilding in town)? Jaime:Lloyd's incentives ideas could be for the short term until businesses are viable.The question really is are we wanting something new or just wanting to expand what we already have? QUESTION#2: Is there one activity/action you'd like to see the City take on? Denise: Update the Plaza. Repair the sidewalks, clean up the landscaping downtown. "It looks tired." Dennis: In Community Development,there needs to be customer service training. There seems to be a misunderstanding of who they are serving. The planning process needs to not be open to everything but to be open to good ideas. They need the"team approach." Sandra: The City so often creates different plans for different areas(transportation,water, etc.)but don't always bother talking to one another. All the various plans should feed together and come to the same purpose. We need to consider all the other plans going on or approved. Risa: Create infrastructure that supports sustainable(green)economic development that permeates through all activities/decisions. Andreas: You can't have real economic development unless you know who all the players are. We need to know who else is working on this plan, what else is already going on in the community/region. We need to be able to supply answers(we need a better information source.) Wendy:Grants Pass is working on a similar information source project. It's called"The Connector" and Thrive is currently in the process of doing the database creation work. Ric: We need to ask if we are going to go beyond tourism—are we going to create business to meet the local aging population? John: Would like to see us creating an environment conducive to entrepreneurs. Believes it is necessary to foster groups of similar interests to work together and help each other. Open House November 3,2010 Page 4 of 4 OUESTION#3: Any last activities—even if they are out of the box? Risa: Train service. Denise: A gondola from the downtown up to Mt. Ashland. Respectfully Submitted, Diana Shiplet, Executive Secretary CITY OF ASHLAND Economic Development Strategy Open House #2 November 4th, 2010 7:00-9:00 Community Center 75 Winburn Wy 7:00-7:15 Individual informal welcomes and orientation from Mayor, Committee Members & Staff. Nametags, Sign up sheet for e-mail notifications and a small packet of background documents 7:15-7:20 Formal welcome and introduction from Mayor Stromberg and/or Councilor Russ Silbiger thanking them for their time and interest and providing some background context with Council Goal background. 7:20-7:25 Welcome and comments from Committee member—Pam Hammond 7:25-8:00 Group Q&A with Facilitator Jon Lange opening statements prompting ideas and context for inpu, feedback and discussion. Committee members/staff available to respond. 8:00-8:05 Thank you from Mayor/Committee memberststaff A welcome to stay for more casual conversation, individual interaction, completion of questionnaire, etc 8:05-8:45 Open Discussion`time Econo tt1C DEVELOPMENT STRATEGY Enhancing economic strength in community Open House November 4, 2010 Page 1 of MINUTES FOR THE ECONOMIC DEVELOPMENT OPEN HOUSE November 4,2010 Siskiyou Room 51 Winburn Way ROLL CALL Leadership members present: Adam Hanks, Diana Shiplet,Jon Lange. Policy/TAC Group present: John Fields, Pam Hammond Participants present: Dana Bussell,Nickhoma Brown, Steve Ryan,JoAnne Eggers, Vicki Aldous, Mike Moms, Huelz WELCOME AND INTRODUCTION Adam Hanks welcomed the group and thanked them for their time. He gave a summary of the origins of the project, read to them the Council goal and explained the two-group process so far. Pam Hammond thanked the group for their time and gave and overview of her experience on the Policy Committee. She described how these draft strategies and vision statement were created and a little about the focus groups. Jon Lange welcomed the group,had them introduce themselves,and gave a little overview of how the rest of the open house will go. QUESTION 1: What is your eeneral reaction to the Vision Statement and Draft Strateeies? Are there specific actions the City can do in connection with the strateeies? Do you have anythine to add or any questions? Joanne:Wants people to understand the importance of parks and open space and how they affect the economy (particularly tourism). Also wants City to really focus on sustainability and long-term climate change challenges. Dana: The Vision Statement says,"Ashland is one of the most vibrant and livable communities in the West, with a unique combination of performing and visual arts..." Ashland has the image of being a good place for the arts but the truth is that it's not a good place for artists to live. It's too expensive,there isn't access to the tools,products and supplies artists need. Most artists here have no connection to non-profit organizations and therefore no access to any of the City grants. The City needs to recognize that there is a problem. The needs of artists are similar to those of light industry— they both need space for work and affordable housing. The City needs to look for ways to assist visual artists. Action: Alter the current grant program to include visual artists. Mike: On the Planning Commission we often hear of concerns for lack of live/work spaces—would those help artists? Dana: Anything which makes space available is a benefit (even if the space is small.) Certain neighborhoods might lend themselves better to live/work space or artists spaces than others. Open House November 4, 2010 Page 2 of 3 Adam: Is there also a need for a retail element in the live/work spaces? Dana: Not necessarily—those places are already available,what's lacking is the creation space. Joanne:Collaboration with the Community is very important. Currently we have some collaboration between Heath Care,Schools,and the Parks Department,she would like to see more like this grow. She would like to see more focus on how to help people stay healthy rather than just focus entirely on "sick care." It would help to develop neighborhood parks close to people. How do you encourage facilities in parks to encourage healthy exercise or health improvements? She believes that Economic Development or Economic Growth is not just about money but is also about how we care for us as a community. Steve:After reviewing the drafts he's struggling with the fact that the strategies have a focus on the ability of workers to live here but there is no inclusion of that focus in the Vision Statement. Ashland workers need the ability to live here. There needs to be a, "balance between earning and cost of living." Huelz: Transition Town has ideas about climate change that are not reflected in these drafts. He doesn't see any consideration for"peak oil"concerns(i.e. drastic climate change.) How can we add those concerns to the plan? Nickhoma:The list of strategies seems big. The Vision Statement seems good,but vague. He's glad for the opportunity to think further and give on-line input. OUESTION #2: Is there one activity/action you'd like to see the City take on to assist with Economic Development? John: Oregon requires each city to have a Comprehensive Plan,and what we're working on here is the Economic Development portion of that plan. We need to make sure that plan is updated frequently and thoughtfully. We also need to connect this element with the rest of the plan. This whole process,ultimately, is get down to the actions we can take on. He would like to see Council adopt not 20 goals but t and actually get it done in the next 4 years. A good way to think about this process is the think of what's currently working here and how those can be expanded. "All this thought eventually has to lead us somewhere." Steve: Is worried about the first section of the draft strategies and targeting industries rather than letting them grown/develop naturally. He sees the word,"support" listed frequently but what does that mean in this context? Does it mean financial support? He worries about businesses becoming dependent upon government funding or subsidies. If we're talking financial support there needs to be a clear,firm sunset time. If a business can't be sustainable without subsidies then maybe it's not a viable business to begin with and not a viable thing for tax payers to support. He's also worried about the cost of businesses who start up and fail in this community—there needs to be more thought placed on what businesses should start here to begin with. Mike:Mentioned the Chamber report and how companies don't like the zoning and planning rules. There is a feeling that dealing with the City is a nightmare but he doesn't see that clearly reflected in Open House November 4, 2010 Page 3 of 3 the current strategies. Quality of life in Ashland is important but it's hard to live here too. Finding the balance between making living here easier while still maintaining the high quality of life is the struggle. Respectfully Submitted, Diana Shiplet, Executive Secretary $ | & >I AB ] § / k \ § t cc) a CO � CQ § / #C� ] [ � § { 01 g 2 ■ § | ! U § � ) § ; [ t v § kk ) z } zk ) § / \ < CITY OF -ASHLAND Summary Report Online Questionnaire Citizen Involvement Plan Economic Development Strategy January 15, 2011 EConorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community Background The Citizen Involvement Plan for the Economic Development Strategy project contained three primary elements, all with a goal of providing the Economic Development Committee with feedback, input and recommendations on the Committee's initial draft vision and draft strategies. Each of the three elements; focus groups, open house/public forums and an online questionnaire,were selected to provide residents,business owners and others a variety of times and formats to learn about the project and provide input on their thoughts and recommendations on the Committee's work up to this point. Format As with the other two involvement components, the online questionnaire utilized the same set of questions and the same packet of material was available for review and comment so the context of the responses collected are similar and overall summaries "make sense"when compiled. A deviation from the consistency between involvement methods or a general drawback to the online format is the inability to have a facilitated, interactive process that provides clarification opportunities, bouncing back and forth of ideas and comments between participants,etc. The online questionnaire was made available on the City's website in mid October after the completion of the focus group process and was active on the site for just over one month. Summary While possibly to be somewhat expected with this format and in contrast to the focus groups and open houses,the online responses tended to be more difficult to compare and"match up" with feedback from the open houses and focus groups. A sampling of comments include: • Rely on non-profits and others rather than the City taking more on • Increasing the ability for children raised in Ashland to stay in Ashland(local job groom) • Preserve and enhance Ashland's quality of life(don't mess things up) • Secure water source is critical to the community and to economic development • Streamline the land use development process • Support local businesses • Get specific with industry sectors/clusters • Vision Statement sounds too much like now, not a true future vision EConornlC DEVELOPMENT STRATEGY + Enhancing economic strength in community APPENDIX 1. Online Questionnaire - Complete Results 2. Questions Handout 3. 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Z ! ! § ! l ; = Z E ! / ! » % t ■ � k c ` • � ! ; i ■ k� . � $ 2 CL 2 J ! . � ƒ ok o ,■ § 22 ui { � ! a ! . s N O 2 V O M1 M 2 y C E a c � c R �m m E m n N d m N J C C O C M1 Jr C C N N yam. c v £ c 0 CL O d Y � d N d C M1 O c¢ Oa u `m9 W � L N _N m O Z M1 CITY OF -ASHLAND Economic Development Strategy Questionnaire Thank you for taking the time to give the City your input on the work done so far in developing an economic development strategy for the community. This project has been going for many months starting with the formation of an Economic Development Committee by the Mayor and Council. This Committee has been meeting and developing background information and sorting and prioritizing a set of initial draft strategies. The committee is now looking for feedback and input on the initial set of strategies. Your answers to the following questions will be combined in both summary and detail form and will be used by the committee to refine and further prioritize the strategies. Additionally, the input will be used to develop the actions and activities that will be needed to make the plan successful. *This questionnaire is also available online at www.ashland.or.us Vision The following Vision Statement was drafted by the Committee to guide the development of the strategies and actions. Ashland is one of the most vibrant and livable communities in the West,with a unique combination of performing and visual arts, natural beauty, outdoor recreation,business entrepreneurship,urban services,with a small-town openness and friendliness not found anywhere else. Its economy is adaptive, resilient,and flexible, built on a world class foundation of the arts, Southern Oregon University,and a vibrant and creativebusincss sector that thrives on innovative and imaginative solutions to local,regional and global challenges The economic health of the community is supported by excellent education, high qualitypubtic services that include a commitment to the use of technology to connect our residents and businesses to the global economy. A specialized and targeted tourismprogram is a major economic development asset as well, attracting people who may one day want to live and run a business here. All of the combined efforts of our community are conducted with an active and open civic culture that welcomes and expects a diverse range of opinions and ideas. Economic DEVELOPMENT STRATEGY Enhancing economic suength in community Question #1 Does the draft vision statement include the key elements of what we want Ashland to be in the year 2030? Question #2 Is something missing from the vision statement Question #3 Should anything be removed? Strategies Much of the work of the Committee centered around the development of a set of draft Economic Development Strategies to prioritize future efforts for our local economy. The draft strategies were sorted into five major categories and will be refined and prioritized based on public feedback and further committee review. BUSINESS &ECONOMIC GROWTH Support/facilitate a system or program to increase access to private investment capital for local businesses,with a focus on"seed funding" for small business start up and expansion. Expand the tourism season beyond summer peak months and expand events and activities to attract and retain a diverse tourist demographic Support/facilitate a system or program for ongoing and coordinated efforts to assist and encourage local business start-up, retention and expansion Develop a set of target industry clusters/sectors to support and enhance new and existing business cultivation, research and job training strategies Economic DEVELOPMENT STRATEGY Enhancing economic strength in community EducationMorkforce Development Support targeted education, skills and workforce development efforts to ensure a high quality local workforce prepared to meet both the needs of local employers as well as establish new business start-ups. Diversity/Inclusion Encourage and support the availability of all needed housing types at price ranges and rent levels that match up with the incomes of Ashland households Support or provide programs that enhance and increase business development(start-up or expansion)opportunities across all underrepresented demographic components/elements of our community(age, gender, ethnicity) Establish and adopt a plan to provide demographic sustainability for the community, ensuring that the overall age demographics provide a relatively consistent student population for our schools Civic Community/Collaboration Increase partnerships/involvement with local and regional partners to better coordinate actions and initiatives where common goals and strategies exist Develop methods/program to increase availability and access to existing local business expertise with existing and emerging business needs(volunteer, peer, retired,etc providing management/financial/marketing/consulting advice& support) , Infrastructure/Public Services Assure adequate land supplies are available for needed business start-up, growth and expansion Continue to improve and develop local transportation systems to ensure a variety of transportation options are available to citizens, customers and businesses,both for good receiving/delivery and personal access throughout the community Maintain quality utility systems meeting or exceeding environmental standards for electricity, water, waste water, telecommunications and storm water with sustainable rate models ECODOnnC DEVELOPMENT STRATEGY Enhancing economic strength in community Question #4 Based on the Vision Statement and Draft Strategies, is the Committee on the right track? Question #s Which major category from the draft strategies document should the City and the Committee place the highest priority on? Business&Economic Growth Education &Workforce Development _Diversity&Inclusion Civic&Community Collaboration Infrastructure&Public Service Question #6 Are there missing strategies the committee should Include? , Actions While developing the final prioritized list of strategies, the committee will also be creating an implementation/action plan. Each final strategy will contain many actions to be accomplished to implement the strategy and be successful. Each action will be assigned to an organization or agency who will act as the lead. The expected timeline for completion, progress and completion measurements and any costs associated with the proposed action will also be recorded Question #7 What is the single most important action the City or other local group could take on? • > Economic DEVELOPMENT ETEATEOY Enhancing economic strength In community Question #8 Are there existing programs or actions that the City is doing for local economic development that you think should continue or expand? Question #9 Are there any actions that you think the City or other local group should not do or take on? Demographies Do you live in Ashland? (circle one) Yes No Do you work in Ashland? (circle one) Yes No How long have you lived in Ashland? 0-5 yrs 6-10 yrs 11-20 yrs 20+yrs EcononliC DEVELOPMENT STRATEGY Enhancing economic strength in community Additional Comments Thank you for your feedback. Is Mere anything else you would like to add to the citizen involvement record for the Economic Development Committee to consider? ECOIIotn1C DEVELOPMENT:STRATEGY Enhancing economic strength in communby $ ! b � [ S ) � } k § ]� � k \) ) A § \ � k\ /) f j _- @ f f 7 CD # 2 § § ° ~ � " k % � o ) 2 2k .2 @ \ Ee # � / ] 5 ) rd § !.j e 0 2 0 § 5$ / ! a z2 z ■ ) § ua < CITY OF ECONOMIC OPPORTUNITIES REVIEW & UPDATE IL2pK r'� 4� t}I�' IJ,� �II•t �\ A - _ ���'.,� f "Ashland ORyS��� f .♦�� � � - -� ' Prepared • City of Ashland December 31 1 1 Draft) Economic and Development Services _i_ ASHLAND EOA REVIEW & UPDATE SUMMARY This report provides a review and update for the Economic Opportunities Analysis(EOA)prepared on behalf of the City of Ashland in 2007.What follows is an at-a-glance summary of major findings and recommendations for consideration with the Ashland strategic economic development planning process. EOA Data Update Assessment. Much of the data compiled with the 2007 EOA is now out-of- date(including considerable reliance on 2000 Census information).Options available are to: a)update all EOA data sets now;b)wait for 2010 U.S. Census information before updating EOA data;or c)selectively update as needed to shape and validate Ashland's economic development strategy and implementation plan. Since the City will be taking the 2007 EOA for approval as the basis for updating Comprehensive Plan determinations of industrial land in 2010,the main focus of any data updating at this time would be as needed to shape and validate the strategic economic development planning process now underway. Global to Local Economic Change. Trends and projections important for consideration can be distinguished between those associated with the economic recession versus post-recovery. Downturn (& Early Phose Recovery) Post-Economic• Financial market restructuring • Financial market retrenchment • Changing competitive advantage • Jobless recovery? • Emerging economic&demographic drivers • Stalled development • Environmental&infrastructure drivers • Changing development paradigm Two areas of added focus are highlighted with this EOA review and update report—the changing face of American employment and aging demographics. Employment and demographic trends can be expected to affect economic outcomes locally as well as globally—as for job opportunity,retail and housing demand. Preliminary Implementation Plan Review.As the City of Ashland is currently planning to adopt the 2007 EOA as is,the focus of this implementation review is less on related provisions of the Comprehensive Plan and more on the implementation features of an economic development strategy— including but extending beyond land use considerations.In addition to implementation steps covered as part of the 2007 EOA,key themes suggested with this update analysis include: • Business clustering—focused on distinctive opportunity for competitive advantage • Emphasis on sustainahility—in green design,business marketing and practices • Transition to increasing focus on infill and redevelopment—to build from within rather than out This assessment is reinforced by reference to three Pacific Northwest communities facing similar opportunities and challenges—Bend and Corvallis in Oregon and Kirkland in Washington State. Framework for Community Based SWOT. Before launching the SWOT, it will be critical to frame the scope of the assessment—especially to address up-front how economic development is to be defined for Ashland.Also important to determine is the type and extent of stakeholder participation to conduct as a means of obtaining input for the SWOT assessment. How the SWOT is to be used in shaping the economic development strategy is a final question that warrants early-on discussion before getting underway. Recommended is that,before setting definitive economic development goals and implementation actions,the SWOT also include a discussion of generalized strategic options for economic development in Ashland. Each strategic option should be evaluated in terms of potential advantages and disadvantages,as well as requirements for successful implementation—before selection of a preferred strategic option with associated implementation. E.D.Hovee&Company,ac for City of Ashland: EOA Review&Update Page I Table of Contents ASHLAND EOA REVIEW & UPDATE SUMMARY i I. INTRODUCTION TO EOA REVIEW & UPDATE 1 II. EOA DATA UPDATE ASSESSMENT 3 III. GLOBAL TO LOCAL ECONOMIC CHANGE 6 IV. PRELIMINARY IMPLEMENTATION PLAN REVIEW 20 V. FRAMEWORK FOR COMMUNITY BASED SWOT 29 VI. SUMMARY NOTES 32 APPENDIX A. PREPARER BACKGROUND 33 APPENDIX B. DOCUMENTS REVIEWED 34 APPENDIX C. SOCIO-ECONOMIC DATA SOURCES 35 APPENDIX D. CASE STUDY PROFILES 39 END NOTES 43 E.D.Hovee&Company,uc for City of Ashland: EOA Review&Update 1. INTRODUCTION TO EOA REVIEW & UPDATE In April 2007, an Economic Opportunities Analysis(EOA)was prepared for the City of Ashland, consistent with the requirements of statewide planning Goal 9(Economy of the State)and the Goal 9 administrative rule(OAR 660-009). Subsequently, in June 2007,a companion document providing Recommended Implementation Steps to Develop and Implement a Community Economic Vision was also completed. This second 2007 document identified implementation steps that might be considered by the City of Ashland—both to implement land use(Goal 9)related provisions of a Comprehensive Plan update and broader strategic economic development objectives extending beyond land use. Recommended implementation steps also were intended to serve as a starting point in framing an economic development strategy for Ashland. BACKGROUND FOR 2009-10 UPDATE ASSESSMENT While update of the 2007 EOA is not technically required for conformance to state planning requirements, several factors have served as an impetus to considering whether and in what manner the EOA-related information should be updated: • Because the 2007 EOA and associated Goal'9 Comprehensive Plan update has not yet been adopted but is now planned for City Council consideration in 2010, the question has been raised as whether and how economic data associated with the earlier analysis should be updated. Data updates would be most pressing if the new or revised information were to materially affect conclusions related to industrial and commercial land needs for the City of Ashland. • The potential importance of obtaining more recent information is reinforced by the economic recession, a cyclical downturn that was previously unanticipated—especially with respect to its severity and potential lasting effects even with prospective economic recovery. • Finally,the Ashland City Council in July 2009 authorized taking steps to kick off the preparation of an Economic Development Strategy for the City of Ashland. This strategy includes but also extends beyond the land use provisions of a Comprehensive Plan for the purposes of ✓ Diversifying the economic base of the community ✓ Supporting creation and growth of businesses that use and provide local and regional products ✓ Increasing the number of family-wage jobs in the community ✓ Leveraging the strengths of Ashland's tourism and draw of repeat visitors As directed by the City Council, the strategy is intended to cover a broad vision for Ashland's economy, an evaluation of strengths/weaknesses/opportunities/threats (SWOT), specific goals for the economy, actions tied to each of the goals,performance measures, and an update process. Consequently, any updating of EOA-related data could also be useful to inform this broader strategic economic development planning process. E.D.Hovee$Company,LLC for City of Ashland., EOA Review&Update Page I APPROACH TO UPDATE ANALYSIS In November 2009,the City of Ashland contracted with the economic and development consulting firm E. D. Hovee &Company, LLC to assess the need and manner in which data provided by the 2007 EOA might most appropriately be updated. Key steps in this assessment process have included: • An update of the data collected in the 2007 EOA completed by ECONorthwest, with a focus on data found in Appendices A, B and C of the EOA Final Document—focused not on actual data or EOA document updates,but rather on assessing the existing data and recommending updates that should be completed as well as prospective data sources. • A review of the 2007 EOA data with current updates, analyzing how changes in the economy in the world, nation, state and region affect their conclusions and recommendations. • A review and opinion of the preliminary implementation plan provided by ECONorthwest in the 2007 EOA, providing any suggested modifications, additions or deletions to the suggested implementation of an economic development strategy for Ashland. • Development of a framework for a community based strengths, weakness, opportunity and threats(SWOT)analysis based upon both existing EOA and new data. This report is intended to be used primarily as a background resource for the strategic economic development planning process now underway. As consultant, E. D. Hovee& Company, LLC is prepared to address questions and comments regarding any aspect of this resource document.' REPORT ORGANIZATION The remainder of this economic opportunities analysis (EOA)review and update report is organized to cover the following topics: EOA Data Update Assessment Global to Local Economic Change Preliminary Implementation Plan Review Framework for Community Based SWOT Summary Notes Attached to this report are appendices providing more detailed background documentation. Appendix A provides a brief profile of E. D. Hovee & Company, LLC as preparer of this report. Appendix B lists City and regional documents considered with this review and update report. Appendix C provides a detailed data matrix describing data sources utilized with the 2007 EOA and sources potentially applicable for EOA data related updates.Appendix D contains abbreviated case studies for three Pacific Northwest communities similar to Ashland that have conducted similar economic development and/or tourism related strategic planning. It is noted that this is a review draft report, subject to revisions based on comments received as mutually determined by the City of Ashland and consultant. E.D.Hovee&Company,LLC for City of Ashland: EOA Review&Update Page 2 II. EOA DATA UPDATE ASSESSMENT The initial task scoped with this review relates to the question of whether and how to update demographic, economic and related data compiled for the 2007 EOA(particularly Appendices A-C) as completed by ECONorthwest. Reasons for potential updating of the existing EOA data set are at least three-fold: • Much of the data contained in the 2007 EOA is now fairly dated—including considerable information from the 2000 U.S. Census together with employment and other information from about the 2004-2005 period.' • Considerable growth and change has occurred both in Ashland and regionally in recent years—making information that is 5-10 years old perhaps even less reliable as a basis for understanding current local economic development needs and opportunities. • Finally, this process of change has been compounded by the severity and depth of the current economic recession—potentially bringing into question continuation of trends and other assumptions with the current EOA. This EOA review includes identification and discussion of potential options for data updating. This is followed by a recommended data update process. As added background for this discussion, Appendix C to this review/update report provides a detailed listing of the socio-economic data sources utilized with the previously prepared 2007 EOA. For each data variable identified, information is provided regarding potentially available update sources together with added explanatory comments. OPTIONS FOR DATA UPDATE At least three overall options are potentially available for consideration by the City of Ashland and participants in the economic development strategic planning process now getting underway: Option 1 - Update All EOA Data Sets Now. With this first option, the objective would be to update all EOA information—at least to the extent that appropriate, more recent information is found to be available. Advantages to this approach include the opportunity to use better information to form an economic development strategy, especially recent changes that could suggest re-shaping of local priorities. This option is most appropriate if the EOA document were to be amended in advance of Comprehensive Plan updates—especially the land use provisions addressing industrial and commercial land needs. More recent information is available for most(though not all)of the data sets covered by the 2007 EOA—though some of the information would need to come from sources other than what was indicated with the 2007 EOA document. Disadvantages are that this update process could prove time consuming(especially for data items for which information is not readily available). Updates covering effects of the recession may still be too premature to be relied on as a primary basis at this time for changing updates to the City's Comprehensive Plan or economic development strategy. There is less need to consider E.D.Hovee&Company,uc for City of Ashland., EOA Review&Update Page 3 this option if 2007 conclusions regarding industrial and commercial land needs are still viewed as valid and the current EOA is adopted essentially as is. Also noted is that the sources for updating census information(prior to 2010 results)are most readily available from national private data firms, which may be viewed as less reliable than public agency sources. Option 2 — Wait for 2010 U.S. Census Information Before Updating EOA Data. A second approach would be to wait for the next U.S. decennial census which will be conducted in the next few months. Advantages to this approach include opportunity for"apples-to-apples" comparisons with the existing EOA data sets, many of which rely on 2000 U.S. Census information. This approach also makes more sense if the existing EOA is to be adopted as is, reducing the need for any immediate update(as part of the Comprehensive Plan update process). Disadvantages are that local jurisdiction level data from the 2010 Census should not be expected to be available until about 2012, meaning that update of data items deemed most pertinent for the economic development strategy process now getting underway would not be possible at the present time. In effect, the strategy and resulting implementation plan would be primarily or wholly reliant on relatively dated information previously compiled for the 2007 EOA—and would miss any recent demographic or economic changes potentially viewed as significant for community economic development. Option 3 — Update as Needed to Shape & Validate Ashland's Economic Development Strategy& Implementation Plan. This third option is predicated on letting the strategic economic development planning process drive the determination of information sources for which more recent data would be viewed as most useful. Advantages include a selective approach to data updates, requiring less time and update effort— for those information items deemed most appropriate to the economic development strategic plan process. The determination of local data sets to update also could be based on Governance Group and TAC discussion of broader global, national and regional trends—as outlined in the next section. Like Option 2,this approach appears most appropriate if the 2007 EOA is to be adopted for Comprehensive Plan purposes as is. Disadvantages include time devoted to determination of priority update data items followed by staff or consultant time and budget to compile needed information. While much of the update information is available, some reliance will be placed on private database sources(which may prove to be less reliable than waiting for local-level 2010 Census results when available). RECOMMENDED DATA UPDATE PROCESS Our understanding is that the City of Ashland will be taking the 2007 EOA for approval as a technical document reference with Comprehensive Plan determinations of industrial and commercial land needs in 2010 without further EOA updating at this time.' This means that any data update would be driven by needs of the strategic economic development planning process and resulting implementation rather than by Goal 9 land use requirements associated with the Comprehensive Plan process.' E.D.Hovee 8 Company,uC for City of Ashland., EOA Review&Update Page 4 Consequently,an approach similar to Option 3 is outlined for consideration, including recommended steps to: Make a decision as to whether and which data to update after the strategic economic development planning process has proceeded to the point of reviewing global, national and regional trends and perhaps also to completion of an initial strengths,weaknesses, opportunities and threats(SWOT)assessment. • Based on this threshold data decision,proceed to determine high priority data items that may be deemed as most useful to providing local context or direction for the economic development strategy and implementation plan. Note: Examples of core data indicators that might be most useful to update at this time include population, covered employment(including information regarding number of firms and average payroll) by sector,per capita personal income, and median home sales pricing. • Allocate resources for near-term data updates using resources to be determined—that might include City staff, outside consultant, or third party assistance as from Southern Oregon University. • Plan on a more complete EOA data update process'after 2010 Census local jurisdiction- specific is made available (most likely in the 2012-13 time period)—including determination of a mechanism for appropriate monitoring on a periodic basis as needed to meet Comprehensive Plan and strategic economic development planning update schedules. E.D.Hovee&Company,uc for City of Ashland: EOA Review 8 Update page 5 III. GLOBAL TO LOCAL ECONOMIC CHANGE A second objective of this 2009-10 review and update report is to begin the discussion of how economic changes globally, nationally, statewide and/or regionally might affect earlier conclusions and recommendations of the 2007 EOA. This discussion starts with an overview identification of patterns of economic change now on the radar screen—likely to influence both short and longer term prospects for economic recovery and prosperity. This overview is followed by more detailed presentation of recent and forecast changes for two items of particular importance to most communities in Oregon—employment and demographics. The discussion concludes with delineation of implications for consideration with the Ashland economic development strategy and resulting implementation. PATTERNS OF ECONOMIC CHANGE On the following four pages is presented a matrix chart cataloging patterns of economic change as have been identified by economic research conducted by our firm over the last 1-2 years. This analysis draws from nationally recognized information sources, as well as more detailed case study and focus group research recently conducted throughout the Pacific Northwest' The matrix chart distinguishes between unanticipated changes brought on by the current economic downturn and longer term changes that can be expected post-recovery over the next 10-20 years. Specifically covered are the following overall topics: A. With Economic Downturn (& Early Phase Recovery) ✓ Financial Market Retrenchment—related to financial deleveraging, tightened consumer and business credit, and public sector intervention ✓ Jobless Recovery?—reflecting sectoral and location specific job loss with minimal expectations for substantial recovery likely extending beyond 2010 ✓ Stalled Development—including construction shut-down, declining home and investment real estate values B. Post-Economic Recovery (over 10-20 Years) ✓ Financial Market Restructuring—with more conservative underwriting and emerging public sector fiscal stress ✓ Changing Competitive Advantage—with competitive positioning favoring global pathways of economic opportunity ✓ Emerging Economic& Demographic Drivers—for targeted employment amid ongoing economic instability, aging demographics and urbanization ✓ Environmental& Infrastructure Drivers—including impetus for alternative energy, going green, and hard and soft infrastructure needs ✓ Changing Development Paradigm—affecting development feasibility,real estate chum, and residential and commercial development products E.D.Hovee&Company,uc for City of Ashland: EOA Review&Update Page 6 Economic Patterns of . Global . . . Economic Downturn (& Early Phase Recovery) Financial Market Retrenchment Financial Deleveraging: 2008 near collapse of major Cascading effect extending from financial institutions and industrial Risk of added local banking closures aggressive niche players(e.g. in 2010&maybe beyond;shifting Iceland)to U.S.&Britain to former firms;2009 extending to regional& balance to money center institutions stalwarts as diverse as Germany& community banks with added (at least near-term) Dubai closures expected into 2010 Tightened Consumer& Drives down consumer demand as Loss of locally generated purchasing Residential Lending:Effects households reduce debt,experience most severe in countries with rapid increased rates of housing Power is greatest in communities housing price escalation or financial foreclosure&less ability to finance With large housing overhang or job sector melt-downs residential purchases loss Tightened Business Credit: Most severe for small business& Widely varied depending on firms in weak sectors(e.g.auto Potential lender avoidance of non- vulnerability of industry base to manufacturing,construction&non- metro communities(both with& curtailed global demand&extent of without business closure issues) public sector intervention discount retail/dining) Bailout support starting with banks, Rapidly emerging state-local Public Sector Intervention: government budget shortfalls in then companies too big t fail,next Financial bailouts&stimulus California,Oregon&Washington support from national governments may et commercial mortgage (in relative order of severity); national debt including U.S.,Europe,Asia n substantialramp-up in Oregon State government vulnerable nationa due to income tax dependence Employmenf Downturn Jobless Recovery?Heavy losses Primary job growth(so far) in manufacturing,construction, maintained in health care& Oregon returns to ranks of high finance,retail&in countries government;otherwise tepid unemployment states due to natural dependent on exports(e.g.China) economic growth&prolonged resource&construction reliance; with slow recovery post-2009 unemployment thin 2012 is likely California is even worse off Staged Development Construction Shut-Down:At Little to no new commercial Previous high growth markets most virtual standstill except for construction thin 2012;potential detrimentally affected;growth development previously committed apartment demand and possible re- controls may have dampened the or with public sector funding support start of single-family construction downside in some communities Declining Home Values: Worst downturn in prior high growth Residential markets most adversely sunbelt states(except Texas);many Previous high growth markets(e.g. affected in formerly high growth, markets now bottomed out but with Central Oregon)most detrimentally easy credit markets(e.g.Spain, slow recovery generally expected; affected;land use&growth Ireland,U.S J;declining asset strongest potentials for global management controls may have valuation reduces consumer Pathway cities(e.g.Washington DC, dampened the downside in some spending for retail&services New York,Boston,San Francisco, communities Seattle) Investment Real Estate:Values Best near-term for apartments(once Most challenging for communities decline by average of more than doubling-up plays out),followed by with home foreclosures&high 40%off mid-2007 price peaks— industrial/distribution(gateway unemployment;suggests greater across U.S.&much of the metros),office(Bight to quality), economic development priority near- developed world retail(urban&grocery-led)& term for business retention hotels(worst now but will rebound) E.D.Hovee&Company,u.c for City of Ashland: EOA Review&Update Page 7 Economic Patterns of . Global . . Regional B. Post-Economic Recovery (over 10-20 years) Financial Market Restructuring Recovery to pre-recession property Non-metro communities more Conservative UndervvdHng: values further constrained by disadvantaged for capital access; Increased regulatory oversight& prospect of increasing interest rates best opportunities are for in-town less speculative lending,meaning &increased reliance on ability to property rehab,[hen infill higher equity requirements&lower raise rental rates—postponing a development or end-user needs values relative to property income return to new commercial for foreseeable future construction but incenting building resulting from business recruitment rehabilitation investment &expansion initiatives Federal capacity to support Continued Oregon vulnerability to Public Fiscal Stress Bailouts& development limited by larger debt cyclical nature&possible financial stimulus support from compounded by needs of aging downward pressure on income tax national governments including population;state/local governments receipts;many local governments U.S.,Europe,Asia best positioned are those with protected by assessed values still diverse revenue streams well below real market values anaina Comaefitive Adyantaae U.S.export potential greater with Potentially increased differentiation Competitive PosiNoning: declining value of dollar,but of state between economic winners Economic competitiveness to"push" increases cost of living;premier 24- &losers—with winners comprising &"pull"migration between hour gateway metros weather the regions with globally®ionally countries®ions of the globe; downturn,recover more quickly& competitive traded sector functions continued move of commodity represent an increased share of long- (as a mix of exported goods/ production to low-cost countries term investment compared to services,out-of-state incomes,& interior U.S.or secondary markets tourism) Global Pathways:Concentration Favored U.S.markets are generally Seattle&San-Francisco are in the of brampower,capital,&investment coastal;mid-America faces risk of top tier of favored U.S.pathway anticipated to be focused on 24-hour more rust-belt deterioration(except markets;Portland is viewed as god coastal cities offering global& cities/regions with global tier,needing to more clearly align multi-modal transportation services connectivity such as Chicago, with neighboring metro engines of (air,highway,marine,rail) Minneapolis,Denver) economic vitality MMMM Emerging Economic& Demographic Drivers Key industry clusters targeted for Targeted (Shilling) global competitive advantage by Employment:International Continued outsourcing for Business Oregon are advanced migration has shifted from south to commodity manufacturing&services;U.S.domestic manufacturing,clean technology, north back to a flow toward forestry&wood products,high developing countries—including opportunities best in technology, technology,outdoor gear&apparel; health care,education&resurgent increased opportunity for regional opportunities driven by professionals,students&female housing(with accumulating latent demand) agglomeration around traded sector workers anchors(including education/arts as well as manufacturing) Economic Installitity:Risk of Real estate's perceived historic increased volatility due to changing advantages of low volatility and Perceived investment risk greater for global competitive position of steady income require re-evaluation smaller&less diversified winners&losers;speed of the —both short&longer term;U.S. communities;may be exacerbated marketplace transaction activity may still prove attractive for by regulatory practices perceived as makes assessing&pricing risk ever investment despite slower growth more onerous than what is available more challenging due to perception of greater political in alternative locales &economic stability E.D.Hovee&Company,Uc for City of Ashland: EOA Review&Update Page 8 Economic Patterns of . Global National State & Regional Demographics:Rapid workforce Aging baby-boomers the dominant Likely increase in retiree share of aging in developed countries(U.S., driver of smaller households, population in most Oregon Europe,Japan)which have the shrinking workforce,reduced retail communities;maintaining balanced oldest populations,with continued &increased health care demand for age-profile requires intentional growth of young labor pools in Asia, the foreseeable future;offset only in strategy focused on high-wage job South America—especially the communities highly attractive to in- creation,education opportunity, Middle East&Africa migrants(e.g.young creatives, housing affordability&amenity foreign workers) values for high quality of life Urbanization:70%of global Secondary&small town markets Oregon rural&smaller metro population(of 9 billion)projected to without recreational resorts or communities remain more natural live in urban areas by 2050—projected attractions that suffer lhm long resource,tourism&retiree from 50r as areas as b winters less competitive for dependent—posing increasing long- intellectual talent term sustainability challenges Environmental S Infrastructure Drivers Alternative Energy 8 Transportation:While per capita Rising gas prices lead to reduced per Continued pressure to diversify from energy use is highest in the Middle capita vehicle miles&incent the hydro as well as work to disc East,North America&Europe, shift to alternate modes;rapidity of resources;may work ro disadvantage growth is strongest in Asia&other shift to non-petroleum energy of Waal communities dependent on emerging countries—making global affected by technology innovation& higher cost long-distance consensus for carbon footprint government incentives transportati on—whether for workers,visitors,or goods in transit ansil reduction a continued challenge Green buildings showing a clear Pacific Northwest at the forefront of Going Green:An expected price premium across more markets fundamental driver due to concerns &real estate product types;green the green movement- opportunities over climate change,peak oil& ethic can be expected to also extend continuing EED construction, opportunities rapidly growing consumer/investor to business practices including in design,LEED constmc[ion, demand "paperless"environments and more alternative energy,ecosystem work-at-home or office"hoteling" management,even retail&dining Hard Infrastructure Needs: Water issues a continued if not Emerging nations(China,India, Shift to urban areas as capital& increased driver of development in Africa)require massive investments operational expenses appear to be the West;residential&commercial ranging from water to transportation; increasingly disadvantageous for activity increasingly likely to shift to developed areas(U.S.,Europe) low-density communities urban infill including transit-oriented require reinvestment to upgrade aging 2016 century infrastructure development Soti Infrastructure Play: Continued advantage for metro Best opportunities in communities Economic winners are those with regions with recognized higher education&university-business with quality K-12 school system strong telecom(cell phone,high- linkages(e.g.Boston,North Plus higher education presence . speed internet,redundant data (despite Oregon weakness with Carolina,Austin,Silicon Valley)- - piping)si higher education capacity with new opportunity for more urban nationally recognized research — rkforneeds linked to changing and niche-oriented higher ed/ universities kage &university-enterprise workforce needs economic development partnerships linkages) E.D.Hovee&Company,LLC for City of Ashland., EOA Review&Update Page 9 Economic Patterns of . Global . . . Chanaina Develooment P.aradiam Development Feasibility?New Highest cost development types(e.g. Best options for incremental rather construction may be damaged long- high-rise)may be affected unless than dramatic increases in term if market supported values do development density&focus on not return,increased investor/ new,lower cost alternatives are communities with the most vibrant developer equity is required or found;for at least the near-term mid- commercial&industrial markets capitalization rates favored interest&ca avorty Projects may be most P fd (i.e. low vacancy,comparatively increase(as expected) strong pricing) Real Estate Churn:Slower Retail driven by the combo effect of Re-use of underutilized(including growth markets(Europe,Australia, weak space demand but constant t economic development brownfield)e U.S.)continue to attract investment, format reconfiguration;older retail sites likely a increasing source en of but older&poorly Ibca[ed real strip centers,"brown"buildings& meeting DLCD Goal 9 employment estate will be at greater risk of car dealerships are at special risk of land needs&reducing needs for abandonment except where reuse& obsolescence—requiring new uses& further UGB expansions rehabilitation proves feasible redevelopment Next generation projects oriented to Residential Development. Slow Growing gap between market infill,urbanizing communities, growth countries still experience transitonented development—with supported values&cost to.develop substantial development pressure to urban/infill housing—especially for house an aging population;high smaller/European style units closer to work&24-hour amenities; communities without higher wage growth countries need to house a apartment demand for young adult incomes or aggressive affordable& much larger urban population echo boomers senior housing programs Commercial Development: Retail slowed by changing Distribution sector consolidation to demographics&tenant chum(best major port/transport load centers; for urban infill);office slowed by Increased focus on institutional uses industrial differentiation between less labor force growth(more urban- including university,hospital& low-cost commodity producers and focused);industrial-distribution cultural facilities;Oregon small mass customization for niche dependent on trade(global pathway business emphasis also conducive to mass cu manufacturers dependent on virtual locations)—with non-metro growth of alternative business market information;turers dependent growing role of community niches for independently models including incubator and institutional uses a non-traditional owned businesses;hotels uncertain work/live space real estate development driver but perhaps best at limited service end(except for major destinations) Any or these patterns of economic change could well warrant added detailed analysis. Consistent with the experience of financial market retrenchment and the economic downturn, some patterns represent potential threats for local communities including Ashland. Others are suggestive of prospective opportunity—especially for communities that are both nimble at anticipating and shaping change on a basis that proves sustainable beyond the next economic cycle. The determination of which patterns are of greatest importance for Ashland represent an important topic of discussion as part of the strategic economic development planning and implementation process now underway. Two areas of added focus are highlighted with this EOA review and update report—the changing face of American employment and aging demographics. E.D.Hovee&Company,uC for City of Ashland., EOA Review&Update Page 10 ADDED FOCUS #1: CHANGING FACE OF AMERICAN EMPLOYMENT Looking back over the last generation, the composition of employment has changed dramatically in the U.S. While not all communities experience these changes in the same way, a similar if not accelerated impetus for continued change can be expected with economic recovery and for the next generation of workers nationally and in Oregon. WS. Employment Trends & Forecast. As of 2005, the U.S. had an estimated 133.7 million non-farm jobs—an increase of 48%over the 1980 nationwide job count of 90.5 million: • Over this 25-year time Figure 1. U.S. Non-Farm Employment Growth Rates period, employment (1980-2035) across the U.S. 2.5% increased at an average annual rate of 1.6%per year, 2.0% reflecting a particularly rapid $ 1.9%rate of job ( '5% growth during the E 1980s. The 1980-90 F time period also K coincided with entry of a large baby boom 0.5% cohort into the job market—together with rapid increases in 00% P iseoas 19a 1v 95 1"v nmos z 10 XW5 a152o zo2o-25 =5_W zaroes labor force participation by Source: Global Insight,2008 QR US Long-Term Outlook,as compiled women. by Metro. • During the first half of the most recent decade(2000-2005),job growth slowed dramatically to a rate averaging 0.3%per year,reflecting a post-2001 period of economic contraction followed by a slow recovery. • The remainder of the 2000-2010 decade looks equally anemic owing to the effects of the current recession(albeit with a brief run-up of employment growth mid-decade to 2007). Given the slow job growth experience of this past decade,there is some risk that projections over the next decade may prove overly optimistic. • The fastest period of future anticipated job growth is anticipated for 2010-2015 (at 1.5- 1.6%per year), reflecting catch-up of employment with economic recovery. However, both this catch-up and subsequent sustained employment growth may be conditioned on securing new economic drivers on a scale similar to the digital/high tech revolution that served as an impetus for strong growth in the 1990s. • Following 2015, U.S.job growth is projected to again drop back to a rate of about 0.9% by 2025-2035. At these rates of projected employment growth,the U.S. would have E.D.Hovee 8 Company,uC for City of Ashland., EOA Review 8 Update Page ]] about 173.5 million non-farm jobs by 2035, an increase of just under 40 million jobs(or 30%gain)compared to 2005 conditions. In summary, with the exception of the next five years (to 2015), when faster job growth is currently forecast with economic recovery, at no other point through 2035 is employment growth domestically expected to again come close to high growth experienced in the 1980s and 1990s. U.S. Sectoral Employment Change. When viewed by major employment sector, the most noteworthy change has been the continued shift of the nation's economy from industrial to service-related employment. This trend is expected to continue for any reasonably foreseeable future—extending to 2035 for purposes of this analysis. The following generalized trends are forecast nationally for manufacturing, other industrial employment,and service-related jobs. Manufacturing: Figure 2. U.S. Job Growth Rates (1990-2035) • Manufacturing has 1990-2005 dropped from just 4D% over l6%of all U.S. non-farm jobs in 3AR 1990 to between 10- 11% in 2005,and is 2.0% projected to decline to between 6-7% of 1.0% employment by 2035. 0.0% • Manufacturing has g $. . P been declining not • .g $ a just as a share of the total but also in terms -2 of numbers of jobs— shrinking from about 2005-2035 18 million jobs in 1990 to just over 14 million in 2005, with 30% further decline to a projected figure of 2D% about 11 million jobs nationally by 2035. • Every manufacturing o.oss category except a lumber experienced g i.oss job losses nationally s ° t �" I -W " r between 1990 and s a " u 2005, and all sectors +A =o9s are forecast for job Source: Global Insight,2008 QR US Long-Term Outlook,as compiled loss through 2035. by Metro. Durable goods E.D.Hovee 8 Company,LLC for City of Ashland: EOA Review 8 Update Page 12 production, which tends to be more capital intensive, has experienced less rapid job loss than non-durables (focused more on consumer goods). Other Industrial-Related Employment: • With the exception of natural resources,all other industrial-related sectors experienced job growth from 1990-2005 and are projected for continued job growth through 2035 for the U.S. These other sectors include construction, wholesale trade, transportation/ warehousing/utilities, and information.' • Between 1990 and 2005, these other industrial-related sectors experienced growth that was somewhat below rates experienced in non-industrial(service)sectors. However, through 2035 non-manufacturing industrial sectors are projected to again somewhat increase their,share of the nation's employment—from 16.2%(as of 2005)to 17.4%(by 2035). • From 1990-2005, the fastest growing industrial sector was construction, with jobs increasing at an average pace of 2.5%per year. Of course,this run-up occurred during a period of exceptionally strong real estate development, before subsequent financial and economic downturn. From 2005-2035, the biggest non-manufacturing but industrial sector gains are projected for jobs in transportation/warehousing/utilities (at 1.3% annually), followed by the construction and information sectors. Service Sector Employment: • Service sector jobs have increased rapidly since 1990 in most communities across the U.S. The most rapid growth rates are reported for education and health(up by a remarkable average of 3.1%per year)and professional services(3%). The slowest growing service job sectors have been retail(up by just 1.0%per year)and government (1.1%).7 • Overall,these service sectors have increased from about two-thirds(67%)of the nation's non-farm employment in 1990 to 73%as of 2005. The largest single service-related sector was government at 16.3%as of 2005, followed by professional services and then retail. • While all service sectors(except retail)are expected to add jobs, only professional services, education and health are projected to increase their share of the employment base across the U.S. over the next 25 years. Declining shares of total employment are now projected for previously robust sectors such as retail trade, financial activities, leisure and hospitality, and government. Statewide $ Regional Employment Trends. National trends and projections can also be evaluated in the context of Oregon statewide employment. For comparative purposes, information is also provided for the Portland metro area—as the state's largest urban area—with just over one-half of the state's employment base in the five Oregon counties of the metro area.' When viewed over a 25-year period extending from 1980-2005,patterns of employment growth nationally, in Oregon,and for the Portland metro area often seem rather similar—especially E.D.Hovee 8 Company,uc for City of Ashland: EOA Review&Update Page 13 when viewed in terms of time periods of rapid versus relatively slow growth. However, some key differences in these patterns can also be noted: • In the first half of the 1980s, Oregon and the Portland metro area were harder hit than the rest of the nation during a period of overall economic slowdown. In the latter half of the decade,this pattern was reversed as employment growth rates accelerated, exceeding 4% per year both statewide and for the metro region. Figure 3. Employment Growth Rates — U.S., Oregon & Portland PMSA (1980-2005) 5.0% 4.0% 3.0% 2.096 1.0% 0.0% 198045 1985.90 1990-95 1995-00 2000-05 -1.0% ■US ❑Oregon 0 PMSA _ Source: Metro,Oregon Employment Department,and E. D.Hovee&Company,LLC. • This pattern of strong employment growth statewide continued(though at somewhat slower rates)through the 1990s,with the nation nearly catching up to the state and Portland metro area in the latter half of the decade. • Two major shifts in the rate and location of job growth occurred from 2000-2005,before the current economic downturn. First, the overall rate of employment growth dropped dramatically from what was experienced in the latter half of the 1980s and 1990s. Second,the entire state, which had lagged the Portland metro area, moved ahead of both the state's largest metro region and the nation. Looking to the future(post-economic recovery),two questions can be posed of significance for southern Oregon and Ashland. The first question is whether employment growth rebounds to levels of the late 1980s and 1990s or remains well below these historic growth rates for the foreseeable future. Most forecasters currently project that national employment growth will not return to previous high growth levels. E.D.Hovee&Company,LLc for City of Ashland: EOA Review&Update Page 14 A second question is whether the in-Oregon shift of job growth from the Portland metro area to other parts of the state (especially smaller metro areas)will resume with economic recovery or represents an exception to a longer term pattern of growth favoring larger metro areas. The answer to that question remains less certain. Statewide & Regional Employment Growth Expectations. A synopsis of pertinent state and regional projections, mostly prepared since the 2007 EOA, includes the following observations: • Statewide non-farm employment Figure 4. Above Average Growth Industries projections prepared by the for Southern Oregon (2006-2016) Oregon Office of Economic Analysis(as of December 2008) Growth sector indicated a projected job growth (ranked from highest to average growth rate)* rate averaging 1.2%per year from Food manufacturing 2006-15. A year later, the Ambulatory health care services December 2009 forecast had been ISPs,search portals,&data processing cut in half to just 0.6%per year of Nursing and residential care facilities average annual job growth from Building material&garden supply stores s Hospitals the se I5. This was a reflection of Fabricated metal product manufacturing the severity of the recession, for Air transportation example, with 2009 statewide Management of companies&enterprises employment now expected to be Agriculture&forestry support services 73,200 jobs below what was Waste management&remediation services forecast just one year earlier. Food services&drinking places • The 2007 Ashland EOA Support services for transportation incorporates a forecast prepared Electronics&appliance stores by the Oregon Employment Furniture&home furnishings stores Department in 2004, which Note: Excluded from the chart are a much larger number of projected employment increasing sectors with projected below average regional job for Jackson and Josephine County growth prospects. at an average annual rate of 1.8% Source: Oregon Economic&Community Development per year from 2004-14. Two- Department,Regional Analysis:Jackson,Josephine, county job gains over this 10-year Klamath and Lake Counties, April 2008. forecast horizon were expected to be 30%above the growth trajectory forecast for the entire state. • Regional job forecasts have subsequently been updated by the Oregon Economic and Community Development Department for what is now a four-county employment region of Jackson, Josephine, Klamath and Lake Counties(as of April 2008). For the period of 2006-2016,regional job growth was forecast to average 1.5%per year. This most recent regional projection is below the prior EOA forecast(albeit for two counties)but most likely does not yet build-in the even more recent further dampened employment growth expectations for the entire state. • As indicated by the above chart to the right, this most recent job growth projection indicates strongest opportunities in health care and selected retail activities together with E.D.Hovee 8 Company,u.0 for City of Ashland: EOA Review&Update Page 15 a diverse set of traded sector functions including food manufacturing, intemet/data processing, metals manufacturing, air transport, business management, ag/forestry, and environmental services • As a final point of comparison,a 25-year regional forecast for the Portland metro region was released by Metro in 2009. Rather than a single forecast,a range of job growth scenarios was prepared. Average annual job growth is forecast to range between 1.5% per year with low growth to 1.9%annually with high growth. While this range reflects the uncertainty of prospective national economic conditions, a part of this variation may be related to the extent to which regions beyond the Portland metro area prove to be relatively attractive or unattractive for job-development in the years ahead. In summary, it would appear that if the 2007 EOA were to be rebuilt from the ground up today, lower employment projections would be a likely result for Ashland(as well as for other jurisdictions around the state). This potentially extends the time frame over which industrial and commercially designated properties may prove adequate to meet future growth, unless rates of job increase revert back to previously projected levels once the economic recovery is fully underway. Also noted is the impact of the continued national shift to service sector jobs which is largely reflected in projections for southern Oregon,especially for health care and selected retail activities. However, there are certain niches of traded sector(including natural resource and manufacturing activity) for which the region has demonstrated competitive advantage. While there may be opportunity for continued growth in these niche sectors, realistic prospects should be considered as less certain and potentially subject to widely varied(or less predictable) outcomes. Of final note is the seemingly optimistic projection for Portland metro growth compared to the rest of the state,although the forecast extends over a longer time period. If this projection pans out, it would suggest a reversion to Portland's longer term experience of capturing an increasing share of statewide employment growth and urban development(counter to the trend of at least the first half of this past decade). ADDED FOCUS#2: AGING DEMOGRAPHICS While this EOA review and update rightly focuses on changing employment patterns nationally and regionally, there is an emerging demographic trend expected to pose profound implications for economic development both short and longer-term. This is the rapid aging of residents anticipated nationally and across most regions of the U.S. Aging of Baby Boomers. There is a symbiotic (or feed-back)relationship between changes in population and associated demographics and economics—whether on the global, regional or local level. For the U.S. and the Pacific Northwest, a fundamental demographic driver over the last nearly 40 years has been the baby boom generation—specifically those individuals born between 1946 and 1964. Taken together,persons born in this 18-year span accounted for 28%of the nation's population as of 2000.10 E.D.Havee&Company,uc for City of Ashland: EOA Review&Update - Page }6 In the 1970s and 1980s, the entry of this generation into the workforce coupled with increasing participation by women drove the massive increase in employment nationally. The addition of more rapid in-migration caused employment growth to reach peak levels in the mid-late 1980s, but has tapered off substantially since 2000. The oldest baby boomer will turn 65 this coming year, in 2011. Rapidly changing household, shopping, savings and retirement patterns of this age cohort can be expected to substantially affect economic opportunities now and for the foreseeable future in many, if not most, communities across mature economies of the globe—including the U.S., western Europe and Japan. Forecast Illustration. For the first time in the nation's history, persons age 55 and over represent the majority of household growth that can be expected through at least 2025. With this report, the anticipated transition is depicted for the state's largest metro region by the following chart: Figure 5. Changing Age Composition of Portland Metro Households (to 2025)' 3090 1112010-15 ■2015-20 25%, ❑2020.25 20% 1596 1096 596 0% -Jul I i , i-, 15-24 25-34 35-44 45.54 55-64 65-74 75-84 a5+ Age Cohorts In Years •Note: Data is indicated for the seven county Portland metropolitan statistical area(MSA)—including five Oregon and two Washington State counties. Source: Metro and E.D.Hovee&Company,LLC. In effect, householders age 55 and over have gone from being less than 25%of the Portland metro market prior to 2000 to 60%and better post-2005. In the early part of this period(from 2010-15), householders age 55-74 are roughly equal in terms of net household growth. From 2015, the action shifts increasingly to the 65-74 age cohort, with substantial growth in the 75+ age categories and continuing beyond. E.D.Hovee 8 Company,uC for City of Ashland: EOA Review 8 Update Page 17 What is happening in the Portland metro area is being experienced to a lesser or greater degree in communities of all sizes throughout the country. Portland actually has proven more attractive to young creatives, with some dampening of the graying effect being felt across much of the U.S. Economic Implications. The long-term effects of this shift in age structure have yet to play out, and eventual results are still not fully certain. However, implications for local and regional economies can be expected to include: • Continued shift in housing demand even with slower overall population growth—to accommodate downsizing and changing needs of older households • Reduction of purchasing power for a significant component of the consuming public— aggravated by the loss of wealth and greater imperative to save for a large age cohort now quickly approaching retirement • Shrinkage of labor force growth as boomers retire—placing potential impetus for encouraging in-migration of a smaller national pool of younger workers and potential foreign in-migrants • Continued growth of health care demand—whether dampened or intensified by current national health care legislation and subsequent refinements STRATEGIC ECONOMIC DEVELOPMENT IMPLICATIONS Any of the patterns of global, national, state and regional economic change could serve as impetus to affect future potentials for economic vitality in Ashland. While uncounted permutations of possible outcomes could be calculated, this review of global to local economic change concludes with the following summary observations for consideration with the Ashland strategic economic development and resulting implementation planning process now underway: • The financial and economic downturn starting in 2007 carries both short and long-term implications previously unanticipated—as with the 2007 Ashland EOA. Even if Ashland continues to fare better than many Oregon communities through the current turbulence, economic recovery should not be construed as a return to"business as usual"Ongoing, and in some cases increasing, challenges to core competencies(or competitive advantages)can also be expected through the period of recovery and beyond. • Of particular importance is the manner and degree to which communities of all sizes seek to couple with or avoid global pathway opportunities. Global pathway regions are those which are linked 24/7 to traded sector activity—benefitting from multi-modal transportation linkages and generally high disposable incomes. For Ashland,there is opportunity to play to residential, cultural and business development driven from the highly sought-after Bay Area and Puget Sound regions (and from the Portland metro region as a second-tier global pathway). • The continued global and U.S.transition toward service sector employment potentially plays well to existing Ashland strengths—as in cultural entertainment, tourism, education and health care.Not to be overlooked are opportunities to build from local niches of competitive advantage for traded sector activity that support higher wage jobs and greater E.D.Hovee 8,Company,uc for City of Ashland: EOA Review 8 Update Page 18 community wealth—but that also may be associated with greater uncertainty over ongoing sustainability. • Aging demographics carry potentially profound implications for a high amenity community such as Ashland—offering both benefits and risks. There is opportunity to attract and retain quality oflife migrants looking for a small community in a setting boasting recreational, cultural and educational appeal. There is also an increasing commitment to public services that can be expected over time—together with the question of whether Ashland actively attempts to maintain demographic balance versus capitalizing on an available market niche,as with retirees. • A related and as yet unanswered question is whether and in what ways the trend toward urbanization and reduced carbon footprint work to stimulate or slow future economic and population growth in smaller metro regions such as Ashland-Medford. The external market forces shaping the ongoing destiny of Oregon's rural and metro communities will come as much from outside as in-state—especially as Ashland is situated 350450 miles midway between the San Francisco/Bay Area and Seattle/Puget Sound. As noted,the question of how communities like Ashland seek to embrace or hold these global market drivers at bay may prove to be a major determinant of localized economic outcomes both short and long-term. • Finally, a range of contingent outcomes can be considered one-by-one for specific commercial and industrial property types in the years ahead. Retail may be the most uncertain, except as offset by increased tourism demand including stronger shoulder/off- season activity. Commercial office and business park/flex space demand depends on availability of space for a range of business types and broadening the economic base of the community beyond current institutional use. Mixed use development also may represent opportunity for Ashland to a greater degree than for other similarly sized cities, due to a more urban focused demographic supportive of increased density and higher cost mixed use together with sustainable live-work options. E.D.Hovee d Company.u.0 for City of Ashland: EOA Review&Update Page 19 IV. PRELIMINARY IMPLEMENTATION PLAN REVIEW The foregoing assessment of data update needs coupled with review of short/long-term global to economic changes provide a platform from which to consider plan implementation. As outlined in the scope of services, a key purpose of this report is to provide a review and opinion of the Preliminary Implementation Plan prepared by ECONorthwest in conjunction with the 2007 EOA —with the objective of suggesting modifications, additions and deletions to the implementation of an economic development strategy for Ashland. REVIEW OF EOA IMPLEMENTATION RECOMMENDATIONS ECONorthwest completed the Ashland EOA report in April 2007. This was followed by a memorandum regarding Recommended Implementation Steps to Develop and Implement a Community Economic Vision in June. This 2007 implementation document provided: • Policy context for implementation—specifically as related to implementation of state planning Goal 9, Economy of the State • Level and type of economic development desired in Ashland—based on results from an online community development survey and public economic development workshop • Outline of potential economic development and strategies—essentially illustrating approaches that municipalities can adopt to achieve varied economic development goals • Recommended economic development strategy—as consistent with the EOA • Recommended Comprehensive Plan amendments—to effect implementation of the economic development vision As the City of Ashland is currently planning to adopt the 2007 EOA as is, the focus of this implementation review is less on provisions of the Comprehensive Plan and more on elements of a more extensive economic development strategy—including but extending beyond land use considerations. Range of EOA-Related Economic Development Strategies. Implementation steps recommended for consideration as of June 2007 centered on the following listing of potential economic development strategies: • Land use—related both to provision of adequate industrial/commercial land supply and cutting red tape • Public services—including focused public investment and communications infrastructure to support growth • Business assistance—ranging from business retention and recruitment activities to include options for development districts (such as enterprise zones and renewal districts), public/private partnerships, financial assistance,business incubators,mentoring,and export promotion • Workforce—covering job training and job access • Other strategies—suggested to address regional collaboration and quality of life E.D.Hovee 8 Company,u.0 for City of Ashland: EOA Review 8 Update Page 20 Recommended Economic Development Framework for Ashland. Based on public input received in 2007, overarching themes suggested at the time to frame the City's economic development strategies were recommended as including: a)preservation and enhancement of the quality of life;b) creation of a diverse and sustainable economy; and c) improved coordination and processes of civic and government sectors. Expanding on these themes, ECONorthwest recommended a potential economic development vision for Ashland encompassing elements predicated on: • Quality of life—with the recognition that"population growth needs to be accompanied by job growth" • Building on locational advantages to manage growth by targeting industries—as well as limiting industries that are not a good match for the community(consistent with the current Comprehensive Plan which identifies industries"unsuitable" for location in Ashland) • Avoidance of becoming a retirement or bedroom community—by providing options for "residents to work at good jobs in Ashland" • Attraction of new businesses to start, expand or relocate—focused on higher paying jobs • Providing developable land, good services and transportation, and an educated and skill labor force—welcoming any industry that helps Ashland achieve its economic vision • Maintaining and increasing the livability of the community as it grows—by being strategic about incentives given to business All of the elements identified with the 2007 EOA recommended implementation steps still appear to merit consideration at this time. What was suggested by the EOA was intended as a "starting point"for discussion rather than the final end product. Consequently, more explicit statements of how these elements can be made distinctive to Ashland is now recommended as the strategic economic development planning process proceeds. As an example,many communities now promote or pursue strategies to pursue"quality of life." However, this term can have widely varying definitions between communities. Quality of life means something different for Bend than for Corvallis or for Kirkland. To be implementable, it is vital that Ashland: a)define the most imperative quality of life attributes important to this community; and then b)determine how these qualities affect or can be used to also brand and market Ashland for business investment,jobs and payrolls. , Additional elements that might be considered with the economic development vision could include clarification of targeted business clusters most suitable for Ashland together with creation of opportunities to more explicitly link tourism and business development and to themes of sustainability/green design. Finally, it is appropriate to consider whether Ashland would. benefit from a more clear delineation between immediate priority elements(to help jump-start the economic recovery) versus strategic elements more suitable for longer term emphasis. E.D.Hovee d Company,uc for City of Ashland: EOA Review&Update Page 21 Recommended Strategies & implementation Steps. As a final step, ECO recommended seven strategies together with associated implementation steps (but not prioritized): • Strategy 1: Complete and adopt the economic development vision and strategies. • Strategy 2: Focus on the basic functions of government and do them well. • Strategy 3: Support efforts to create high-wage jobs in Ashland. • Strategy 4: Provide adequate infrastructure efficiently and fairly. • Strategy S: Maintain quality of life. • Strategy 6: Take advantage of sustainability and green development opportunities. • Strategy 7: Recognize the Croman Mill site as a key community and economic asset. As with the framework discussion,the primary suggestion resulting from this 2009-10 review would be to more explicitly link each of these strategies to"best bet" opportunities as priorities to pursue for Ashland. How best to hone these strategies should become more readily apparent once the strengths,weaknesses,opportunities and threats(SWOT)analysis is completed— assuming a broad base of business, community and civic input in the upcoming SWOT process. The most effective strategies will be those that feel and look like Ashland. The reader—whether a business owner,prospective developer or citizen-at-large—should be able to immediately recognize what a strategy means as far as what is and is not a community economic development priority for Ashland. Some strategies are also suggested for a careful reality check to assess whether there is both the community commitment and market support realistically needed to facilitate their achievement. A case in point is provided by Strategy 3—to create high wage jobs in Ashland. Due to the community's economic reliance on tourism and retail trade,the current Comprehensive Plan is predicated on a very different conclusion, stating: "It is not realistic to assume that Ashland wages can be raised to the level required for the average worker in Ashland to be able to afford the average new home in Ashland in 1990." Consequently,realization of high wage strategy could require implementation steps that run counter to a significant portion of the community's existing economic base. A more nuanced strategy may prove to be more effective on two levels: a) encouraging steps to increase pay for service sectors to standards equal to or better than those of comparable communities(as appears to be the case today for employees in arts and entertainment); and b) facilitating location of new business in sectors that pay at or above the current average wage for all employment in Ashland. A final suggestion is to consider formulating more implementation oriented strategies similar to Strategy 7—featuring the iconic importance of Croman Mill site redevelopment as potentially pivotal to Ashland's continued economic vitality. What appears to be missing from the 2007 EOA-recommended implementation program are similar strategies that would more clearly identify how the community can build on its other key existing assets in Ashland. E.D.Hovee&Company,uC for City of Ashland: EOA Review&Update Page 22 Existing assets to be called out might include the Oregon Shakespeare Festival Association and Southern Oregon University. More explicit attention to the needs and opportunities of local employers ranging from Ashland Community Hospital to small-scale niche manufacturers and high tech firms offering strong potential for sustained growth and stability is also suggested. Traded Sector Focus?Often missing from a local economic development strategy is the differentiation between traded sector activities that bring new wealth and economic vitality to a community versus non-traded economic activities that primarily serve local community needs. While traded sector functions have traditionally been associated with manufacturers that export across the U.S. or globally, increasingly a wide range of service activities fill a similar traded sector function. In Ashland, the Shakespeare Festival clearly serves fills a prime traded sector function—by drawing visitors to Ashland—who patronize area hotels, restaurants and shops. SOU serves a similar economic role to the extent that it draws non-local students and their spending. Most hospitals or food stores serve a largely community-focused role. However, as medical care becomes increasingly specialized,even community hospitals may develop specialties that draw business from beyond the local community. Similarly, specialty food stores (and co-ops)often , develop a reputation that draws customers or supports services of regional importance. Identifying and then leveraging traded sector functions is an explicitly recognized purpose of comparable community economic development—as is noted for the Bend,Corvallis and Kirkland case studies profiled with this review and update report(as Appendix D). An explicitly traded sector orientation is also suggested as a potential focus for Ashland's economic development strategy—but tailored to building those sectors viewed as most able to make a sustainable difference for Ashland. Business Clusters. Closely linked to the concept of traded sector development is the narrowing of economic development priorities to what can be described as targeted industries or business clusters. The concept of the"business cluster"rather than targeted industry is coming to be the marketing mechanism of choice. This is because it allows more ready branding with groupings of related business activities—outside the confines of traditional industry definitions, such as those of the North American Industry Classification System(NAICS). As applied,there can be confusion between the clustering terminology and varied selections made at the state,county/regional or local jurisdiction level. This is illustrated by the target industry sectors and business clusters that have been identified for the state of Oregon, southern Oregon(Jackson/Josephine Counties), and Ashland(as per the following chart). E.D.Hovee B Company,UC for City of Ashland., EOA Review 8 Update Page 23 Comparative Oregon State of • Clean technology • Food& beverage production • Headquarters • Wood& forest products (manufacturing&sales) • Elder care • Technology&advanced • Logging&support activities . Wood products manufacturing for forestry . Creative • Outdoor gear&active wear • Wood products (performing arts/other) • Metals manufacturing . Tourism& recreation • Wholesalers • Food&beverage production • Electronic shopping • Freight transport • Headquarters • Elder/health care • Creative • Tourism& recreation Source: Southern Oregon University Source:Oregon Economic& School of Business,Industrial Source:ECONorthwest,Ashland Community Development Clusters in Jackson and Josephine Economic Opportunities Analysis, Department, The OECDD Strategic Counties,prepared for U.S. prepared for City of Ashland,April Plan, adopted May 2009. Economic Development 2007. Administration,November 30,2006. Note: Business clusters shown in boldface type are those for which a recommended Ashland cluster is matched by a corresponding cluster at the regional or state level. The ECONorthwest growth industry recommendations of 2007 represent what appears to be a valid starter list for Ashland. In determining an updated list with a 2010 economic development strategy, consideration should be given to: • Business clusters of importance missing from the 2007 list or that perhaps no longer represent a good fit for new investment in Ashland • Ways in which the severity of the economic recession and prospective recovery may shape the most viable growth targets for the future • Opportunities to select clusters that match with regional and state priorities(as is well indicated with the 2007 preliminary listing) Based on these observations, suggestions for consideration with a 2010 economic development strategy include: a) Expanding the elder care concept to encompass a broader set of retirement cluster functions(though this previously has not been expected to be a major influence in Ashland's economy with the currently adopted Comprehensive Plan) b) Possible deletion of the wood products cluster as more appropriate for the rest of the Rogue Valley region rather than Ashland specifically(especially with respect to future growth or business recruitment) E.D.Hovee&Company,u c for City of Ashland: EOA Review&Update Page 24 1 c) Inclusion of a cluster similar to the OECDD(now OBDD)defined technology and advanced manufacturing cluster and possibly to clean technology(more aligned to green development) d) Possible added or refined business cluster(s)that may be identified as a result of playing off program strengths of SOU,especially for campus to entrepreneur incubation(which the current Comprehensive Plan indicates might occur through increased graduate and/ or research initiatives within the basic sciences component or market diversification through the business and social sciences programs) e) Greater specificity to better illustrate the types of businesses most appropriate within each cluster for Ashland(an item of particular importance to identify most likely niches for small-medium firms within the advanced manufacturing and/or clean technology clusters) A Framework for Action. As a final note, the economic development strategy should provide clear policy, marketing and business assistance guidance that will be directly useful for determining what implementation steps are of greatest importance—as well as what actions should be avoided. This is perhaps most clearly seen as the discussion moves from strategy to implementation, as now follows. FROM STRATEGY TO IMPLEMENTATION How these strategies best play out on the ground occurs with the identification of specific implementation steps (or action items)that stand behind each strategy. The chart on the following page outlines the implementation steps recommended for each of the 2007 EOA- recommended strategies. This is followed by discussion of other options that might be considered with the current 2010 update process. Key themes suggested with these options are: • Business clustering—focused on distinctive opportunity for competitive advantage • Emphasis on sustainability—in green design, business marketing and practices • Transition to increasing focus on infill and redevelopment—to build from within rather than out E.D.Hovee&Company,uC for City of Ashland., EOA Review&Update Page 25 EOA-Recommended Strategies & Implementation Steps Strategy 2007 • - • • - • 2010 Update Options Strategy 1: Plan policy/code changes can be adopted with • Continue community economic Complete and development dialogue—seek EOA and Comp Plan update.While economic adopt the consensus,avoid disagreement development should seek easy wins where there economic is community agreement,more challenging development • Identify&adopt plan policy/code issues likely still require ongoing dialogue,albeit strategy and visions changes for longer term resolution&action. • Monitor employment land supply Strategy 2:Focus on • Monitor the permitting process A refined strategy could more explicitly address the desired role and limitations of Ashland city the basic functions • Review development standards of government and . Update capital improvement plans government.Implementation steps should do them well � P � P Provide more specific direction,especially with —with priority to economic regard to permitting and development standards. development improvements A potentially key policy initiative for the • Coordinate with other economic economic development strategy—albeit with Strategy J:Support development organizations limitations related to existing key retail and efforts to create • Develop incentives to retain& cultural sectors.Most easily applicable to high-wage jobs in expand existing firms business recruitment over retention.Likely Ashland • Maintain/enhance Ashland image requires careful consideration of target clusters, strategy requirements and implications. • Identify key lands(including Continued focus on Croman Mill site consistent Strategy 4:Provide Croman Mill site)for employment with results of master plan process when adequate &remedy infrastructure adopted.Once Croman plan is in-place,attention to address infrastructure needs of might shift infrastructure • Coordinate capital improvement& ft efficiently and fairly land use plans to fit with adopted other employment areas,including redevelopment.This might include consideration economic development strategy of urban renewal,as for the downtown area. • Implement parks&recreation This is a real potential strength of a more clearly master plan articulated Ashland economic development • Review/adopt regulatory& strategy.Improvement priorities could be more Strategy 5:Maintain collaborative processes to protect clearly linked with major economic development quality of life environment quality initiatives,as for trails/bike paths/recreation amenities to employment sites and green streets • Identify ways to define/integrate design.Possible need to address housing sustainability with economic affordability,retirement living,and/or jobs- development housing balance with a quality of life strategy. • Promote/recruit companies less Consider a comprehensive economic Strategy 6:Take vulnerable to economic slumps development and sustainability strategy that advantage of • Find ways to cut energy demand encompasses green development,recruitment and expansion of green businesses,and sustainability and • Support land use for reduced encouragement of green business practices. green development transportation needs Collaboratively frame as a means to enhance opportunities • Consider designation of Croman rather than undermine competitive business - Mill site as"eco-industrial park' investment advantage for Ashland. Strategy 7. The Croman Mill is now Ashland's#1 potential Recognize the • Adopt Comprehensive Plan policy resource to accommodate added employment in Croman Mill Site as for mill as key employment an urban campus setting.The economic a key community opporumity,require master plan development strategy could also consider other • Prohibit/restrict residential uses site options including infill and redevelopment and economic . Apply to TGM to fund master plan for businesses seeking location in established asset business districts or on single end-user sites. E.D.Hovee&Company,u.0 for City of Ashland: EOA Review&Update Page 26 COMPARABLE COMMUNITIES With this report,we highlight three contrasting case studies of communities pursuing economic development—each in its own distinctive manner. Selected Case Studies. The three communities profiled are: • Bend, Oregon—addressing both economic and tourism development • Corvallis, Oregon—with a community based approach to economic development • Kirkland, Washington—combining economic development with a sustainability agenda Each of the three communities is located in the Pacific Northwest,each is comparably sized and shares some similarities in terms of economic and/or cultural base with Ashland. Case Study Themes & Findings. While a more detailed review of the key elements associated with each case study are provided as Appendix D to this report,overall observations from these three case study communities are highlighted as follows: • All three communities are well known for an attractive quality oflife, although the key livability qualities vary substantially between the three communities. One has a major university;the other two have connections with in-town or nearby educational resources of growing importance. Two of the three are well regarded as visitor destinations—one on a metro-wide and the other as a multi-state tourism draw. • While each of these communities has a reputation for livability and economic prosperity, each has or is facing significant challenges to its economic vitality. Bend has been most affected by the recession and a collapsing housing market. The impetus for economic development in Corvallis is, in large part,a result of the downsizing of the community's major employer—Hewlett Packard. Kirkland has been affected by dramatically declining tax revenues (citywide), causing the City to get aggressive about facilitating continued strong interest in downtown area redevelopment and a visible sustainability agenda. • Each community is vitally committed to being at the forefront of technology-led economic development, including increasing attention to business entrepreneurship. Sustainability and green development are pivotal to the emerging economic development strategies of Corvallis and Kirkland—both as a reflection of community aspirations and of prospective business competitive advantage. • Organizational responses to economic development have varied substantially and appear tailored to each community's existing political and business structure. Corvallis and Kirkland are well known for active citizen participation; Bend's tourism and economic development programs are driven more by business and city leadership. In none of these communities is there a single identified lead organization for economic development. Rather,multiple players are involved. Corvallis has attempted an umbrella approach with the Economic Vitality Partnership serving as a consortium for 14 public and private organizations. • The linkage between tourism and economic development is most actively expressed in Bend—although different organizations tend to take lead roles in each of these two E.D.Hovee&Company,a.0 for City of Ashland: EOA Review&Update Page 27 arenas. Kirkland serves as a regional specialty shopping and dining destination for the Puget Sound, a source of active collaboration between the City and downtown association. Corvallis has the weakest tourism related tradition, though this is of growing interest—including better opportunities to capitalize on visitation to OSU. • Finally,all three communities are actively involved in implementation and monitoring progress—each in its own way. Bend focuses on conventional metrics of transient room tax for lodging. Corvallis is actively checking off progress as it occurs with each of 48- adopted action items. Kirkland has identified,but not yet implemented,policy metrics for sustainability and economic development. In summary, this brief case study review suggests that there is value to forging intentional City- based economic development strategies in communities known for high quality of life. These strategies typically involve some form of broad City,private and regional partnership. Increasingly,economic development is not viewed as a stand-alone function but is ever more interrelated with other community objectives ranging from quality public services to livability and sustainability. E.D.Hovee&Company,u.0 for City of Ashland: EOA Review&Update Page 28 V. FRAMEWORK FOR COMMUNITY BASED SWOT The final objective of this EOA review and update report is to outline a possible framework for a community based strengths, weaknesses,opportunities and threats (SWOT)analysis. Conducting a SWOT was directed by the Ashland City Council(July 20, 2009)as a means to better identify the boundaries of the resulting economic development strategy. SWOT SCOPING With over 25 years of economic and development consulting in the Pacific Northwest, our firm has considerable experience with conducting SWOT analyses in a wide range of circumstances and for widely varied purposes. A range of options for scoping the SWOT is useful to consider early-on. What works for one community may not for another. With a SWOT assessment, strengths and weaknesses represent existing and recent conditions of the community for business and economic development. By comparison,the assessment of opportunities and threats is forward looking, often driven as much(or more)by forces external to the community as those within. Before launching the SWOT, it is important to frame the scope of the assessment. Perhaps the most important question to address up-front is how economic development is to be defined for Ashland. The implementation steps associated with the 2007 EOA suggest a definition that: Economic development is the process of improving a community's well-being through job creation, business growth,and income growth(factors that are typical and reasonable focus of economic development policy),as well as through improvements to the wider social and natural environment that strengthen the economy. This is a fairly traditional definition of economic development, though it opens the door for consideration of issues related to the social and natural environment. An even more expansive definition might address other business and employment related objectives or implications—as for education and culture,jobs-housing balance, community development, and sustainability. How broadly economic development is to be defined also will have a direct bearing on who should be involved in the SWOT process. A definition of what economic development means to Ashland could either be locked down before beginning the SWOT or left open as a topic for further discussion and refinement as part of the SWOT process and resulting recommendations. SWOT PARTICIPANTS How the SWOT is conducted is often as meaningful as the resulting analysis. This type of assessment can be conducted in a variety of manners—related primarily to the type and extent of stakeholder input requested. Levels of Participation. Potentially available for consideration are SWOT input mechanisms including: E.D.Hovee&Company,actor City of Ashland: EOA Review&Update Page 29 • Review of economic and planning documents compiled locally and other pertinent regional, state and national information—consistent with sources reviewed on a preliminary basis with this update report(including the 2006 Business Retention & Expansion Survey Results as prepared for the Ashland Chamber of Commerce). • Interviews or focus group sessions with a representative set of economic development stakeholders—typically about 20-25 for economic development as traditionally defined, but with more participants when broadened to encompass related community development interests. • A brainstorming process involving key strategic planning participants—including the Policy Group and Technical Advisory Committee convened for Ashland strategic economic development planning. • A more extensive and formalized community involvement process—potentially involving some combination of survey, focus group research, and town hall style meetings. • A hybrid approach involving a combination of the above methods—as with preparation of a preliminary SWOT based on review of existing information together with stakeholder interviews followed by refinement as part of a stakeholders and/or community involvement process. Along with the question of how information is gathered is the question of who prepares the SWOT. Potential choices range from in-house preparation(as by City staff)to a third party facilitator or consultant. Utilization of an independent third party more often occurs with processes involving greater levels of stakeholder or public participation. Selecting the Right Level of Participation for Ashland. The approach that makes most sense is a topic that deserves discussion by the City together with input from the Policy Group and the Technical Advisory Committee for this strategic economic development process. While taking more time, a broad citizen based effort may be appropriate when strong public interested in the resulting strategy is expected. This is particularly the case in communities where economic development is broadly defined, encompassing not just business development but related community development and quality of life objectives. However, this approach.can prove underwhelming or even counterproductive in communities where there is little public interest, as in a more narrowly defined economic development program. Conversely, a process focused on a more limited set of key stakeholders offers the advantage of input from those who may be most involved and responsible for implementation. However,this more focused input process may be perceived as not inclusive of other community interests. In effect,what is suggested is a level of participation in the SWOT process that can be framed to involve those who will want or need to have a voice in resulting strategy formulation, review before adoption, and with ensuing implementation. OPTIONS FOR ACTION How the SWOT is to be used in shaping the economic development strategy is a final question that warrants some early-on discussion before getting underway. Which results will carry more E.D.Hovee&Company,LLC for City of Ashland., EOA Review&Update Page 30 weight than others? How will this be sorted out with City, Policy Group, TAC and broader community interests? Suggested is that the City outlines a preliminary process and timeline for SWOT preparation and resulting inclusion in the economic development strategy before getting underway. Also recommended is that,before setting definitive economic development goals and implementation actions, the SWOT conclude with a discussion of generalized strategic options and implications for economic development in Ashland. These options might range, for example, from no change(status quo)to a tightly defined business retention and expansion program to a broadly inclusive economic and community development initiative—or other options as may be defined from the SWOT analysis. Each strategic option should be evaluated in terms of potential advantages and disadvantages, as well as requirements for successful implementation. Selection of a preferred option can then be followed by the determination of explicit economic development goals for Ashland and resulting implementation plan. E.D.Hovee&Company,u c for City of Ashland: EOA Review&Update Page 31 VI. SUMMARY NOTES This EOA review and update report concludes by illustrating a generalized strategic planning process consistent with analysis findings and observations. Highlights of this conceptual process include: • Proceeding with the 2007 EOA and Croman Master Plan parallel to but as an activity distinct from the economic development strategy process now underway • Utilizing results of this review/update assessment to evaluate top global to local trends of importance, define economic development as applicable to Ashland,address determined data to be updated,and set SWOT scope and participants • Inclusion of strategic options for action as a key step between the SWOT and the creation of Ashland's economic development strategy. Ashland Strategy Economic Development Process Economic Development Strafeav Related Acflvity EOA Review A Update Canes Plan safe •Top trends •Data 6 update •Definition Technical Documenfi •SWOT scope&participants •2107 EOA •Croman Master Plan *Conduct EOA D UpdUpdate Station •Selective as needed •Strategy focus TAC/Policy Group Review •Referred strategic option •Brainstorm vision,goals.implementation Aafl Econos Development Strategy •SWOT •Vision •Goals •Implementation Updated Comp lu Plan Adoption Draft Strategy Rem munnew •TAC/Policy Group •Coity interests •City Council Strategy Adoption •Fnal strategy •Councl adoption •Fust year work program This illustrative concept is recommended to serve as a basis for discussion with the Policy Group and TAC, with refinement as needed to best meet economic development planning needs and aspirations in Ashland. E.D.Hovee&Company,uC for City of Ashland: EOA Review 8 Update Page 32 APPENDIX A. PREPARER BACKGROUND This City of Ashland Economic Opportunities Analysis (EOA) Review and Update report has been prepared for the City of Ashland by the economic and development consulting firm E. D. Hovee &Company, LLC (EDH). Since 1984, EDH has conducted market and feasibility assessments, economic development planning analyses and targeted business development strategies for public agency, private and non-profit organizations—focused primarily on west coast states of Oregon, Washington and California. Our firm has considerable experience with economic development planning pursuant to urban growth management, Goal 9 and more recent Economic Opportunity Analysis(EOA) requirements of the State of Oregon Land Conservation and Development Department. Over its 25+year history, EDH has been committed to the ongoing process of economic restructuring for entire communities, for emerging and revitalized downtowns,and for business investment in both urban and rural settings. EDH has experience with industrial, commercial office,retail, residential,tourism/destination and mixed use development projects—including active coordination with regional and local jurisdiction economic development and redevelopment agencies. The firm also has been at the forefront of applying innovative public-private economic development tools—ranging from urban development finance to workforce training tailored to local community and business opportunities. Examples of related project assignments have included: • Goal 9 and(more recently EOA) analyses have been prepared for the Cities of Portland, Cascade Locks, Molalla, Forest Grove, Wilsonville, and Medford—as well as Metro with the 2009 draft Portland region's employment Urban Growth Report(UGR). • Strategic economic development planning has been conducted for Oregon jurisdictions including the Corvallis-Benton County Economic Vitality Partnership,McMinnville Economic Development Partnership, SEDCOR(for Marion-Polk-Yambill Counties), and Portland Development Commission—with strategic tourism planning for clients including the City of Bend and Yamhill County. • Outside Oregon, EDH has recently prepared community-wide economic development strategies for the Cities of Mount Vernon, SeaTac, and Covington (Puget Sound region), Quincy(eastern Washington), South Lewis County and Longview(I-5 corridor between Portland and Seattle). • EDH has also been involved in conducting strength, weakness, opportunity and threat(or SWOT)analyses in more than 45 communities throughout Oregon and Washington. Preparers of this EOA review and update report are Eric Hovee(Principal) and Andrea Logue (Research Coordinator). E.D.Hovee&Company,u.0 for City of Ashland: EOA Review&Update Page 33 APPENDIX B. DOCUMENTS REVIEWED The following documents specific to Ashland, the southern Oregon region and entire state have been reviewed as background information for this EOA review and update report: Ashland Chamber of Commerce,2007108 City Grant Annual Report: Economic Development, Visitor& Convention Bureau. Ashland Chamber of Commerce,Business Retention & Expansion Survey Results, prepared by Rebecca L. Reid(Consultant),January 18, 2006. City of Ashland, Comprehensive Plan (Section VII, The Economy),printed July 2005. City of Ashland, Council Communication,Economic Development Strategy, July 20, 2009 Meeting. ECONorthwest,Ashland Community Workshop Summary, prepared for City of Ashland, April 19, 2007. ECONorthwest, City of Ashland: Economic Opportunities Analysis, prepared for City of Ashland, April 2007. ECONorthwest,Recommended Implementation Steps to Develop and Implement a Community Economic Vision, prepared for City of Ashland,June 28, 2007. Jackson County, "Economy"Element,Jackson County Comprehensive Plan, July 2007. SOREDUOregon Economic Development Association, 2008 Presentation. Oregon Department of Administrative Services(Office of Economic Analysis), Oregon Economic and Revenue Forecast, issues of December 2008 and December 2009. Oregon Economic& Community Development Department,Regional Analysis:Jackson, Josephine, Klamath and Lake Counties, April 2008. Oregon Economic & Community Development Department, The OECDD Strategic Plan, updated May 2009. Southern Oregon Regional Economic Development, Inc. (SOREDI),Jackson-Josephine 2007-2013 Regional Investment Strategy, prepared and adopted by the Jackson-Josephine Regional Investment Board, November 15, 2007. Southern Oregon University School of Business,Industrial Clusters in Jackson and Josephine Counties, prepared for U.S. Economic Development Administration, November 30, 2006. Other information sources are as cited throughout this report. E.D.Hovee&Company,LLC for City of Ashland: EOA Review&Update Page 34 APPENDIX C. SOCIO-ECONOMIC DATA SOURCES This appendix provides: (A) detailed listing of the socio-economic data sources utilized with the 2007 EOA; and(B)added potential data sources that might be considered with future data updates. For each data variable identified, information is provided regarding potentially available update sources together with added explanatory comments. Data .r Update Sources (Year) Comments A. EO . - . Information • Annual estimates from these Portland State University Center for sources will likely vary Population Population Research(current year) . Estimates are re-benchmarked (City,County,State,US) U.S.Census Bureau(current year) Claritas/ESRI(current year) to U.S.Census @ decennial census Population Forecast to 2040 Oregon Office of Economic Analysis • 2007 EOA forecast by (City,County) (statewide forecast by county) ECONorthwest based on County adopted forecast Population Distribution by U.S.Census(2010) • Claritas/ESRI offers 5-year Age (City,County,State) Claritas/ESRI(current year) forecast • Claritas provides limited current Household Composition (City,County,Stale) U.S.Census(2010) year household composition data Ethnicity U.S.Census(2010) • Claritas/ESRI offers 5-year (City,County,State) Claritas/ESRI(current year) forecast Educational Attainment U.S.Census(2010) • Data provided for adults age (City,County,State) Claritas/ESRI(current year) 25+ Employmenh Covered Employment by Oregon Employment Department QCEW • Data reported by place of work Sector • City data w/s ecial run thru (City,County,State) (� ES202—provided quarterly&annually) OED P Total Employment by • 2007 EOA adjusted QCEW Sector Oregon QCEW combined with BEA data(for upwards based on Jackson (City,County) past year) County BEA data to account for non-covered employment • Optional method to combine Potential Growth Industries Oregon Employment Department with IMPLAN data showing (City,2-County Region, State) BEA,private forecast firms changing comparative advantage • 2007 interviews by Expansion Plans of Major Special survey/interviews ECONorthwest of 8 employers Employers(City) for EOA Employment Forecast—l0- Oregon Employment Department(previous • 2004-2014 regional EOA Year (2-County Region,State) year projected 10 years out) forecast by OED , E.D.Hovee&Company,uc for City of Ashland: EOA Review&Update Page 35 Data • • • • • • - Sources (Year) Forecast Employment& • 2007 EOA forecast includes Land Demand—20&50- Typically prepared by City and/or consultant projection of added jobs,refill Year pursuant to EOA and gross acreage to 2027;no (City) update required at present Othe►Economic Data: U.S.Census(2010 Median Household Income ) • Claritas/ESRI offers 5-year by Age&Median Family HUD(current year—only median family forecast organized as Income income) Households by Income and (City,County,State) Claritas/ESRI(current year) of Householddee Households Income and Age r • BEA data generally lags by 1 year(2007 data available in Per Capita Personal Income BEA(most recent year) 2009) (County,State,US) Claritas/ESRI(current year) • Claritas/ESRI available for city; BEA lowest goo unit is at county level Per Capita Personal Income by Source(County,State, BEA(most recent year) • Data not available at city level US) • Provides estimates of resident- Consumer&Retail Oregon Prospector(current year) supported purchasing power Expenditures(City) Claritas/ESRI(current year) • Does not include retail potential from non-local(visitor) spending sources Property Tax Rate Oregon Department of Revenue • Could consider expanded Comparisons Jackson County Assessor's office analysis to include other (City,State) comparable jurisdictions U.S.Census(2000,2010) • Local transportation/COG Commute Time to Work Claritas(current year) special surveys may provide (City,County,Stale) ESRI(2000,2010) more up-to-date information than Census data • Can be combined with Work/Residence Locations U.S.Census(currently thru 2008) illustrative mapping as with (City) 2007 EOA Housing: Dwelling Units-Type& U.S.Census(2010) • ESRI has current year estimates Tenure (City,County,State) Claritas/ESRI(current year) by tenure,not type • Claritas home value estimates are based on owner-occupied NAHB(past year) housing Median Home Sales Pricing Jackson County Assessor(past yr) • ESRI home value estimates are (City,County/Metro Area) Claritas/ESRI(current year) across entire inventory,noljust sales;also includes 5-year forecast E.D.Hovee&Company,uc for City of Ashland: EOA Review&Update Page 36 Data • • • • • • - Sources (Year) Stakeholder Interviews • 2007 EOA qualitative Qualitative Factors Community Survey(web-based or random assessment based on (City) sample method) stakeholder interviews&small Vision Process group community workshops B. Added Potential Data Sources AM Derrfographics �»- � �, Average Household Size U.S.Census(2010) • Useful information regarding (City,County,State) Claritas/ESRI(current year) demographics of local community Tenure by Year U.S.Census(2010) • Can be used as an indicator of Householder Moved into Unit Claritas(current year—Occupied Housing residential mobility locally (City,County,State) Units,Avg Length of Residence) compared to region&state Employment Status&Age U.S.Census(2000,2010) • Potential measure of economic of Children for Women 16+ status of women in Ashland (City,County,State) ESRI(2000,20 10) compared to county&state Employments ` U.S.Census(2010) • Participation measured for age 16+ Labor Force Participation OED(current year,monthly) (City,County,State) • OED data for county,state only Claritas/ESRI(current year) • ESRI offers 5-year forecast • OED data not readily available Resident Employment by U.S.Census(2010) at city level(may order special run) Industry&Occupation OED(past year) . provides useful counterpart to (City,County,State) Claritas/ESRI(current year) covered employment b lace y P of work • Useful as indicator for small Firm Size&Wage by business activity&comparative Industry Oregon Employment Department QCEW wages (City,County,State) (Past year) • For city geography,may require special OED nun/confidential data request • An increasingly used measure Jobs/Housing Balance From any of the employment and housing of adequacy of local (City,County,State) data)sources indicated(with comparable of &residential opportunity E.D.Hovee&Company,uc for City of Ashland: EOA Review&Update Page 37 Data Indicator Update Sources (Year) Comments Other Economic Data: • Local transportation/COG special surveys may provide more up-to-date information Work Transportation Mode &Households by Vehicles U.S.Census(2010) than Census data(as available) (City,County,State) • Useful for benchmarking progress to VMT reduction (as with transit-oriented development) • Compares residential spending Retail Sales& Leakage potential with actual retail sales (City,County,State) ESRI(current) • Geography can be customized (as to downtown or larger trade area) • Provides visitor spending by Visitor Spending Runyan as provided for Travel Oregon category (County,State) (per year) • Data not available at city level • Combines demographic& Psychographic Market consumer data for housing& Segmentation Claritas/ESRI(current year) retail development (City,County,State) • Claritas&ESRI each divide the U.S. into 66 market groupings Housing: Rental Rates&Vacancy U.S.Census(2010) • Potentially useful as means to (City,County,State) Property owners/managers(for Ashland assess comparative rental and/or Jackson County) availability&affordability C2ualiy o/ufe: • Provides 91 benchmarks covering economy,education, civic engagement,social support,public safety,built Oregon Benchmarks Oregon Progress Board(current) environment,natural environment (County,State) see http://benchmarks.oreeon.¢ov • Data not provided by city; selected analysis could be used to supplement 2007 EOA stakeholder interview& discussion group information Note: The following information is currently available from the U.S.Census website regarding the anticipated release of Census 2010 data.Population counts for the United States and each state will be available by December 31,2010,as required by law for apportionment purposes.The 2010 Census data are the official census counts that will be used for other official purposes such as grant applications and redistricting.The Census Bureau will provide products for use in legislative redistricting(both demographic data and geographic products)to state officials by March 31,2011, also as required by law. Demographic profiles,summary files of aggregated data,and data reports will be released on a flow basis between April 2011 and September 2013.All 2010 Census data products will be available on the internet on the Census Bureau's website. E.D.Hovee&Company,1LC for City of Ashland., EOA Review&Update Page 38 City of Ashland Economic Development Strategy Member List Policy Group Russ Silbiger City Councilor, Chair John Stromberg Mayor Wendy Siporen Executive Director, THRIVE Ric Holt Southern Oregon University, Economics Dept Dean Cropper Owner, Cropper MedicalBioSkin Technologies Mark Marchetti CEO Ashland Community Hospital Jim Klein Provost, Southern Oregon University Tom Bradley Bradley Properties/Board Member Ashland Community Land Trust DeeAnn Everson Executive Director, United Way of Jackson County Pam Hammond President, Ashland Chamber of Commerce Board of Directors Annie Hoy Board Member, Ashland Chamber of Commerce John Fields Golden-Fields Construction Emile Amarotico Citizen Laurie Gibbs, Owner Winchester Inn Technical Advisory Committee Sandra Slattery Executive Director, Ashland Chamber of Commerce Larry Holzgang Oregon Business Development Department Mallory Pierce Marketing Director, Oregon Shakespeare Festival Ron Fox Executive Director, SOREDI Jim Fong Executive Director, Job Council of Southern Oregon Bill Molnar, Community Development Director, City of Ashland John Rinaldi Citizen/Planning Commission Jeff Griffin Regional Coordinator, Economic Revitalization Team, OR Business Dev Dept CITY OF ASHLAND Council Communication Wastewater Master Plan NPDES Temperature Solution Meeting Date: July 19, 2011 Primary Staff Contact: Michael A. Faught Department: Public Works E-Mail: faughtm @ashland.or.us Secondary Dept.: Administration g�� Secondary Contact: Scott A. Fleury Approval: Martha Bennett dry Estimated Time: 30 Minutes Question: Does the Council approve the staff and consultant recommended solution for effluent disposal to meet temperature requirements for the new total maximum daily levels (TMDL) of the National Pollution Discharge Elimination System (NDPES) permit? Staff Recommendation: Staff recommends that Council approve moving forward with the recommended effluent temperature solution. Background: - At the March 14, 2071 Council Study Session, the Council heard a staff presentation on potential solutions to the City's effluent temperature issues. Staff outlined six potential solutions with _ recommendations to.: roceed with "water quality trading" or shading. Shading was deemed the-best option both on an environmental level and a cost level. The Director of DEQ, Dick Pedersen,was in attendance at the meeting to voice DEQ's support towards water quality trading as a solution to effluent temperature requirements. In addition, City staff has also presented the six options developed by the consultant to local stakeholders includiig the Bear Creek Watershed Council and the Ashland Parks Commission to address any concerns or questions regarding the improvement. Local stakeholders have been supportive of the project and would like to keep receiving information on the project if it moves forward in order to comment and develop a final improvement that creates the largest benefit to the community of Ashland. At the June 15, 2010 Council meeting; the Council awarded the $303,400 wastewater master plan update to Keller Associates. While the consultant has accomplished many of the scope of work items (evaluation of regulatory compliance, existing and future treatment plant flow and load projections, updated collection system sewer model, wastewater treatment plant existing conditions evaluation and improvements) the most timely and critical work has been focused on developing options that bring Ashland's effluent temperature into compliance with the new 2007 Bear Creek Temperature standards (TMDL). The reason staff required the consultant to work on the effluent temperature compliance issue as the highest priority is due to the fact that the City's National Pollutant Discharge Elimination System (NPDES) Permit is up for renewal. The City's existing NPDES permit, which was issued in May 2004, does not address the 2007 Bear Creek TMDL. The permit expired in December 2008 but was administratively extended by DEQ and is now up for renewal. DEQ has indicated that the renewal will include restrictions on excess thermal loads. By regulation, NPDES permits cannot be issued for Page I of 6 100FAi, CITY OF ASHLAND longer than five years and they must be updated to meet new regulations during the renewal period. To that end the consultant researched six compliance options and has recommended that the City pursue one at this time. Table 1 outlines the six options. Table 1: Maximum Irrigate 433 acres Beneficial use of High Cost. $14.1M $(58,000) $13AM Savings Reuse on with treated water. Lower stream Bows. assume that Imperatice ef➢uent. Existing water right membranes Properly Pipeline to site, could be used to are not 138-166 MG augment potable water used. storage.Shoulder supply. season storage Potential for ' required/winter membrane and _ discharge. chemical savings. Mitigate concerns of "future"more stringent regulations. Partial Reuse Similar to Option [A. High Cost. $11.7- $53,000 $124- Additional on Introduces complexities in 12.4 M 13.0 M costs for Impertatice monitoring and wastewater cooling Properly-- management. would be Periods of No Higher O&M costs than required for Discharge Option IA. discharge Reduced stream Bows during each available for fish. month. Discharge to Pipeline to Talent Mitigate"near field' Not a standalone solution-- Not Not Not - TID Canal. concerns. still need to offset excess Evaluated Evaluated Evaluated Reduction in them_ical thermal loads. costs. High opposition from downstream users _ anticipated. District concerns about chemicals. Storage for shoulder seasons likely required. Schedule and approval outside of City control. Cooling Mechanical Addresses temperature Chillers required for hottest $6.1 - $200,000 S8.6- Cost range Tower cooling tower, concerns. periods. 8.IM 11.6M reflects use Storage facilities. Allows continued Upstream/downstream of ponds discharge. storage also required for versus Maximum control in night-time operation concrete terms ofcompliance - storage schedule. reservoirs Trading 8 miles of Lowest cost Some uncertainty-- $3,645,000 spread our $2.9M (Shading) shading. alternative. participating properly over 20+years Channel to Bear Allows continued owners to be identified; Creek discharge. migration blockage Constructed Improved fish habitat evaluation to be completed. wetland pond. and other Potential minor additional environmental local cooling required. benefits. Blending/ Blend additional Additional stream Cannot meet temperature Not Not Not Not a viable Flow water discharges flow. targets by itself Evaluated Evaluated Evaluated alternative. Augmentatio from Ashland Uses water that could be n Creek or TID. used for potable water usage. Additional water quality testing may show additional water quality concerns. Page 2 of 6 CITY OF -ASH LAN D Hyporheic Subsurface Low operations costs. Difficulty in locating site Not Not Not (shallow disposal of Simple technology. with suitable soils. Evaluated Evaluated Evaluated groundwater) treated Significant additional effort wastewater to required to determine shallow ground feasibility. water. Potential large land requirement. In addition to the excess thermal load on a watershed basis, the City's discharge must also meet DEQ "near field" requirements associated with potential thermal plumes created from the effluent entering the local waterway. Thermal plume regulations were adopted by DEQ after the City's existing NPDES permit was issued. The current effluent discharge into Ashland Creek creates near field temperature impacts that include fish migration blockage, thermal shock, and spawning impairments during several months of the year. The City of Ashland Wastewater Treatment Facility needs to relocate its outfall from Ashland Creek to Bear Creek to eliminate the current temperature impacts in Ashland Creek. In addition to relocating the effluent outfall, the City also needs to reduce the temperature of the effluent by approximately 1 degree Celsius before it enters Bear Creek to mitigate any temperature impacts the effluent would create in Bear Creek. The Ashland Parks Department controls nearly 20 acres of land adjacent to the treatment facility which is more than suitable to both convey effluent to Bear Creek through Ashland pond and cool the effluent though the use of existing and enhanced forested wetlands. The City of Ashland Public Works over a period of four meetings worked directly with the Parks Department to obtain permission to use parks land in a phased approach that will allow Public Works and the Parks Department to work together in order to develop a final design that will meet the needs of Public Works and maintain the integrity of Ashland Parks. Phase 1 of the project would begin in the fall of 2012 and end November 2014. A primary purpose of Phase 1 of the project is to collect the information needed to determine the amount of effluent that infiltrates into the Ashland Creek through the forested wetlands. It is anticipated that this interaction will occur, but the extent is unknown. The amount of infiltration that occurs will influence the requirements for additional wetland enhancements of the area. More infiltration will mean less space would be needed for additional wetland cooling treatment. Phase 1 is also needed to determine the actual cooling that occurs from the existing forested wetlands. With this information, the Parks Commission and Public Works will be able to design the best option for wetland enhancements based on actual needs. Phase 1 -Wetlands Discharge and Data Collection (Fall 2012- Fall 2014) • Relocate the outfall of treated effluent from Ashland Creek to discharge to the existing forested wetlands in between the facility and Ashland Pond. There will be minimal to no work in the forested wetlands under phase one. The treated effluent would simply be discharged to the existing channel that currently conveys Otis Springs water to Ashland Pond. A minimal amount of construction work will be done in the wetland area during phase I. The channel will be surveyed and analyzed to determine how effluent will flow into Ashland Pond. The existing forested wetland will be enhanced with additional plantings, a fish screen will be placed over the intake pipe to the pond and the existing Ashland Creek divergence will be removed. A monitoring station will be installed near the outfall of effluent from the plant, at the head gate to the pond and at the outfall of the pond in order to collect data on flow and Page 3 of 6 1r, CITY OF -ASHLAND temperature. Additional monitoring equipment may be needed to monitor flow and temperature data from the spring. This will allow the Public Works Department and DEQ to monitor the effective cooling and hyporheic activity that occurs between the treatment plant and the pond. • Create fish screens at the inlet of the pond to prevent stranding. Juvenile fish currently get stranded in the pond. They enter through the diversion from Ashland Creek and cannot exit the pond to Bear Creek due to the large fall. A Fish screen would be installed at the pond inlet to prevent fish from entering the pond. • Divergence removal: Currently ODFW has concerns that the existing divergence creates a juvenile fish passage barrier in Fall and subsequently the divergence would be removed from Ashland Creek since the pond will be fed directly through the'existing channel from the treatment plant. • Monitoring of flow and temperature data before it reaches the pond. It is anticipated that temperature reductions and infiltration of effluent to Ashland Creek will decrease the amount of space required for additional reductions. Data collected from Phase I will enable the Public Works Department to work directly with the Parks Commission on design alternatives if they are required to meet the effluent temperature requirements of the NPDES permit. Phase 2 — Project Design (Winter 2015-Sring 2016) • Park Commission and Public Works Design Alternatives. With data collected from Phase 1, Public Works will have a clear understanding of the amount of additional cooling needed and will be able to provide more precise information on wetland acreage requirements that need to be incorporated into final park designs. The Parks Commission and Public Works will jointly develop design alternatives to consider in order to meet NPDES requirements. These design improvement alternatives will also consider other stakeholders use of the existing park land. It is estimated that approximately 5 acres of wetlands are needed to meet temperature reduction requirements. It is anticipated that number will decrease once data from Phase 1 is compiled and reviewed. The Parks Commission and the City currently own more than 20 acres adjacent to the treatment facility. Much of that property is currently wetland that could be improved for all habitat. The Parks Commission could also consider enhancements to Ashland pond that would create more habitat diversity and potential off-channel habitat for juvenile salmon and steelhead. Given the available space adjacent to the treatment plant enhancements to the pond would not be a requirement for Public Works, only an option for the design group to consider. • Alternatives Evaluation and Selection. Once design alternatives are completed and evaluated for temperature effectiveness and park user values, the Parks Commission and Public Works can make a final selection and proceed forward with the required engineering and permitting to perform construction related improvements. Phase 3—Engineering, Permitting and implementation (Summer 2016—Fall 2016) • Project Engineering and Permitting—Permits from various federal and state agencies will be required if work occurs in flood plains or within wetland boundaries. Permitting agencies are responsible to ensure project designs will not cause degradation or impacts to fish, wildlife, wetlands, or water quality. The permitting process will require final engineering designs. The permitting process can be lengthy. Construction on the final approved design would likely not start until the summer of 2016. Page 4 of 6 �r, CITY OF ASHLAND Financial The City is currently researching project funding from the Clean Water State Revolving Fund (CWSRF). The City has been notified that they are eligible for up to 1.65 million dollars of CWSRF monies for the membrane upgrade project. In addition, DEQ has a "sponsorship option" program that allows a reduction in the loan interest rate if the membrane project is combined with a water resource improvement. In our case it would reduce the interest rate to 1%. Background The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1977. Under the CWA, Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry. The EPA has also set water quality standards for all contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal,system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. In order to meet water quality standards DEQ performed tests on waters to determine if they met the established standards. If they did not, then DEQ created Total Maximum Daily Level (TMDL) permits for point source discharges. In 1992, a TMDL was developed for the Bear Creek Watershed. Ashland has a point source discharge that is part of the Bear Creek Watershed and thus must follow a DEQ developed NPDES permit. The TMDL permits developed by DEQ for point source discharges are good for five years. At the end of each five year permit iteration a renewal process begins and new permits will include updated standards that have been developed. The 1992 Bear Creek TMDL developed standards which included phosphorus, ammonia and chlorine load allocation requirements. These requirements where addressed as part of the 1998 wastewater treatment plant upgrade. The 2007 Bear Creek TMDL develops load allocations for temperature, bacteria, and sediment. Out of these new standards for load allocations the primary focus for Ashland is the temperature requirements for effluent. Through the NDPES permit the City must address "far field" impacts and "near field" impacts with regards to temperature. DEQ has provided an analysis to Keller Associates and the City that the current effluent discharge into Ashland Creek creates near field temperature impacts that include fish migration blockage, thermal shock, and spawning impairments during particular months of the year. In order to meet the new NDPES permit requirements the City must address these near field issues with a compliance schedule developed with the approval of DEQ. With respect to the far field impacts, over the past couple of years new protocols and procedures have been developed that make temperature trading a more viable option to address the far field TMDL concerns. Temperature trading is a kind of creek side riparian restoration that involves planting trees and vegetation to block the solar impact to waters. The City will need to meet both near field thermal requirements and far field heat load reduction as part of a new NDPES permit. Page 5 of 6 C_\ CITY OF ASHLAND Next Steps • Finalize-Master Plan • Staff to provide DEQ with phasing timeline for project improvements to be incorporated into DEQ NPDES permit • City of Ashland to receive new NPDES permit from DEQ Staff to move forward with procuring finances for preliminary design and project phasing as per approved NPDES permit Related City Policies: City of Ashland NPDES DEQ Permit Council Options: • The Council may approve the recommended effluent temperature solution • The Council may require more investigation into a temperature solution • Council may direct staff to another solution from table 1 Potential Motions: • Move to approve the staff and consultant recommended option for effluent temperature improvements • Move to amend current recommendation • Move to require more investigation into a temperature solution Attachments: • Wastewater Master Plan Draft Chapter 10 • DEQ Memorandum — City of Ashland excess thermal loads limits • Freshwater Trust Project Cost Estimate • DEQ Sponsorship Option fact sheet • Pond & Wetland site map Page 6 of 6 • COMPREHENSIVE SANITARY SEWER MASTER PLAN K E L L E R aesocietes 10.0 EFFLUENT DISPOSAL ALTERNATIVES 10.1 BACKGROUND During certain periods of the year, the wastewater effluent from the City's treatment plant accounts for a significant portion of the flow in Ashland Creek and Bear Creek. Higher effluent temperatures can raise the temperature of the creek and negatively impact aquatic habitat. DEQ will include new standards for excess thermal load limits when the NPDES permit for the City of Ashland's wastewater treatment plant (WWTP) is renewed to address the waste load allocation in the TMDL. DEQ may also include a temperature limit to address local impacts to aquatic habitat. Current effluent temperatures have the potential to exceed allowable levels for the May through October period. Keller Associates reviewed the previous five years of temperature and flow data, and determined that there is an existing excess thermal load of approximately 44 million kcal/day (critical month is October). This is anticipated to increase to approximately 53 million kcal/day by 2030. Similar calculations by DEQ correspond to Keller Associates' calculation results[1]. Reducing the excess thermal load from the Ashland WWTP is important in meeting target downstream temperatures in Bear Creek. An evaluation of wastewater disposal options completed in 2009 [2] looked for strategies or alternatives to address the excess thermal loads. This master plan builds upon the work previously completed. Additionally, since the completion of 2009 evaluation, guidelines for evaluating the local (near field) impacts and temperature trading programs have been more fully developed by the State. Representatives from DEQ, the City of Ashland, Keller Associates, Oregon Department of Fish and Wildlife (ODFW), and other stakeholders met on several occasions to better define the impacts of Ashland's wastewater discharge. DEQ completed a thermal plume analysis for continued discharge to Ashland Creek as well as discharge to Bear Creek. Because of concerns with near field spawning impairments, thermal shock, and migration blockage, it is unlikely that continued discharge into Ashland Creek would be permitted without first significantly cooling the effluent [1]. Relocating the outfall to Bear Creek would eliminate concerns of thermal shock and greatly mitigate,other near field impacts. Based on 3D modeling completed by DEQ, a side bank discharge would allow discharge to Bear Creek without impairing spawning. However, based on historical data, there still remains a potential for migration blockage during the month of September[1]. Keller Associates' scope of work for this study was to update the evaluation for the three most promising disposal alternatives. However, because of continued interest on the part of the City and new developments, six alternatives were evaluated in more detail. The findings of this evaluation follow. 10.2 REUSE OPTIONS Reuse options include those options that recycle treated wastewater. Land application of wastewater effluent during the growing season could reduce or eliminate the discharge of thermal loads to Ashland and Bear Creek during critical periods. Another benefit of reuse is that the treatment process is likely to be less affected by future changes in regulations requiring increasingly more stringent levels of treatment for discharge. For example, had the City of Ashland chosen to land apply their effluent rather than remove phosphorous via nRnI-7 CITY OF ASHLAND •..- • COMPREHENSIVE SANITARY SEWER MASTER PLAN a solo aE R tes membrane filtration 10 years ago, they would not now be faced with addressing temperature concerns. As discussed in Chapter 2, two items on the horizon that may affect future discharge requirements for the plant include 1)stricter ammonia limits, and 2)Oregon Senate Bill 737, which addresses pharmaceuticals. In addition to regulatory benefits, recycling water has the potential to offset potable water demands and make better use of available water resources. Maintaining stream flows has been a priority to the City in the past. One of the drawbacks with any reuse alternative that involves removing the existing discharge flow from Ashland Creek is that the recycled water would not be available for use for potential downstream users or to create higher flow conditions for aquatic habitat. From a water rights standpoint, the City of Ashland is not required to keep their effluent discharge in the creek. However, according to ORS 537.132, the following woulO:oews it the City were to move forward with removing their flow for reuse purposes: • The Department of Water Resources (DWR) would notify affected users if discharge from Ashland WWTP to Ashland Creek were to cease (this because Ashland has 4: discharged for more than 5 years and the WWTP discharge may at times make up ` 50%or more of the flow). • An affected downstream water right holder would need to demonstrate to DWR that the `cessation of discharge by the municipality substantially impairs the ability to satisfy a water right. . " and if this person is successful, they.would get preferential use of the reuse water. • The City is not required to incur additional expenses (beyond a more favorable alternative)to deliver water to the affected person desiring the reuse water. 10.2.1 Recycling Water(Reuse) on Imperatrice Ranch Property The City has property north of 1-5 (Imperatrice Ranch) that could be used for crop irrigation using effluent. A conveyance pipeline crossing Ashland Creek was constructed when the City was considering a project in 1997 for biosolids application, effluent storage and irrigation on the property. Due to steep terrain and other limiting features (Talent Irrigation District canal, wetland swale), portions of the Imperatrice site are not useable for irrigation. Limiting irrigation to slopes less 20% and providing necessary buffer zones for the canal, swale and property lines provides a usable irrigation area of 412 acres for Class C effluent, or 433 acres for Class B effluent(smaller buffer to property lines)(3]. One of the primary benefits the City would realize with recycling water on the Imperatrice Ranch property is that the water rights currently used there could be transferred and used as additional water supply for the potable water system. Two recycling options are summarized for the Imperatrice Property — Option 1A includes maximizing the total amount of water recycled on the property, and Option 1B includes recycling only the amount necessary to offset the existing water rights. Regardless of the disposal option selected by the City, Keller Associates recommends that the City work with DEQ so that future NPDES permits allow for recycling of treated effluent. nRArT CITY OF ASHLAND ••.- • • • COMPREHENSIVE SANITARY SEWER MASTER PLAN K E L L E R associates 10.2.1.1 Option 1A: Maximum Reuse on Imperatrice Property The potential for thermal shock and migration blockage in Ashland Creek would be averted by eliminating discharge from June through October, and potential salmonid spawning impairment from thermal discharges would be prevented by reducing/eliminating discharge during November and March through May. Storage volumes for this option were determined based on irrigating as much land as possible without supplemental water, and discharging excess to the creek only to the extent that impairment of salmonid spawning is avoided. This results in limited discharge during March, April and November, and discharge of stored excess during January and February when creek temperatures are low enough to easily accommodate the thermal load. Alfalfa, pasture grass, and grass seed are potential crops; pasture grass and grass seed use more water than alfalfa and thus have lower storage requirements. Based on average net irrigation requirements and 70% irrigation efficiency, the acreage available on the Imperatrice property is sufficient to use 442 MG or 492 MG if planted to grass seed or pasture grass, respectively. Since the amount applied to crops is less than influent flows to the WWTP, the remainder would be discharged. At year 2030 flows (average 2.59 mgd), storage would be needed to provide sufficient volume during June, July and August. Additional storage volume would allow excess flows to be stored for discharge in the winter. An irrigated area of 433 acres of pasture grass would handle (without supplemental water) up to 2.77 mgd, with a storage volume of 138 MG (water balance in Appendix). A total of 512 MG would be discharged to the creek from November through April. The same acreage in grass seed would handle year 2030 flows with a storage volume of 139 MG and 496 MG discharged (November through April). The estimated project cost for Option 1A is approximately$10.8 million. Eliminating the need for phosphorus removal required for surface discharge would result in annual savings of $71,000 a year for alum. An estimated additional $100,000 potential annual savings could be realized in energy and chemical (sodium hypochlorite and citric acid) with elimination of the membrane operation. However, it is understood that the public perception may require the continued use of the membranes. If membrane operation were eliminated as part of the reuse option, the combined savings ($171,000) would more than offset the estimated $113,000 annual costs of pumping to storage on the site and from storage to irrigation. Though effluent quality would still need to be monitored with reuse, testing requirements (and related costs)are expected to decrease with the elimination of discharge. 10.2.1.2 Option 1 B: Partial Reuse on Imperatice Property Keller Associates also evaluated an alternative that would recycLe just enough effluent to offset the existing 424 ac-ft of irrigation rights on the Imperatrice property, and maintain the remaining flow in the stream. This scenario would allow the water right to be transferred to the City's potable water system and would also allow continued discharge to the creek. However, under this scenario, the temperature requirements of the TMDL would have to be met by employing other improvement alternatives. To offset the 424 ac-ft water right, enough water would need to be supplied to irrigate approximately 136 acres of land. The amount of storage required would depend on how much is discharged during speck periods of time. If minimum storage were provided, then close to half of the existing discharge during July and August would be. used for irrigation, while the balance would be discharged to the creek. With additional storage, discharges nRnr-r CITY OF ASHLAND •..- • • COMPREHENSIVE SANITARY SEWER MASTER PLAN K E L L E R associates could be eliminated during specific periods and restricted during others to eliminate the need for additional treatment to reduce thermal and phosphorus loads for discharge. (Existing alum and membrane treatment would still be required.) This approach would require close monitoring to consistently meet the discharge limits. If the City's primary objective is to maximize the discharge available during critical periods for aquatic habitat while offsetting the water right, this alternative could be adjusted to include increased storage during high stream flow periods and continued effluent discharge during low flow and spawning periods. The estimated project cost for Option 1B, not including a cooling component, is approximately $5.3-8.9 million (includes 6.5-168 MG storage). Since discharge to the creek would continue, all the costs for phosphorus removal discussed above would be included in the annual operation and maintenance cost of this option. In addition, there would be the added costs (estimated $35,000/year) of pumping to storage on the site and from storage to irrigation. 10.2.2 Option 2: City-wide Reuse City-wide reuse (on parks, golf courses and other public spaces)was evaluated as part of the water master plan as an alternative to reduce potable water use [4]. From an implementation standpoint, Keller Associates would envision this being phased in over many years. Reuse on City property could be phased with agricultural reuse on the Imperatrice property. Since the distribution system for city-wide reuse may be extensive, the cost for implementation will exceed that of the option to apply all effluent to the Imperatrice property. In addition, storage during shoulder seasons would still be required for temperature TMDL compliance (storage location could be at Imperatrice property). 10.3 RELOCATED DISCHARGE OPTIONS 10.3.1 Option 3: Discharge to Talent Irrigation District (TID) This alternative would involve discharging the City's effluent into the TID irrigation system. The likely discharge location would be Talent Canal, which has a capacity of 35 to 45 cfs. According to the District, the Talent Canal services approximately 35004000 acres. One of the benefits of this alternative would be the reduced chemical requirements needed to remove phosphorous, because most of the water would be reused or land applied downstream. This alternative would mitigate concerns about near field impacts to aquatic habitat, and would reduce the thermal load requirements to the extent that the effluent is reused downstream. On October 5, 2010, representatives from Keller Associates and the City met with TID board members to further discuss this alternative. The following concerns would need to be addressed before approval could be obtained for this option: • Real and Perceived Concerns of Receiving Effluent — The TID currently does not receive any treated effluent. The district has a number of patrons who have already expressed deep concerns about receiving Ashland's effluent. n RAFT CITY OF ASHLAND •.. -• • COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER asaocie tes • Not Wanting Any Additional Chemicals — downstream farmers have already fought with the district to eliminate other chemical additives for moss control in the district's canals. This concern is heightened by the number of organic farmers. • Approval of Patrons — Because of the controversial nature of this alternative, the board indicated that they would want their patrons to weigh in on the matter, possibly even having a vote of the patrons. Educating the public, addressing their concerns, and obtaining approval at this time would require a great deal of effort with an uncertain outcome. This would also require many months to do. • Removal of flow from Ashland Creek. ODFW has expressed a desire to keep as much flow in Ashland and Bear Creek as possible. There may also be other downstream water right impacts that would need to be addressed by removing discharge. • Other Potential Additional Regulatory Requirements • Additional Maintenance Requirements: • The district's water chemistry is very sensitive to temperature. Even a small increase in temperature or phosphorous is believed to increase the potential for moss growth in their system. • Receiving water during the shoulder seasons — particularly October and November—would adversely affect district operational practices. The City would need to plan on being able to store their effluent during these periods. • Additional fish screening may be required by DEQ. If these screens are required at outfalls, this could result in more maintenance to the district. In addition to needing to address the above concerns, this option would also require that Ashland quantify and then mitigate excess thermal loads corresponding to the portion of flow that is not reused downstream. Given the number of issues and potential road blocks, Keller Associates recommends that this alternative not be pursued at this time. However, it may be that in the future as public perception changes and if drought conditions make the water resources more valuable, R may be beneficial to reevaluate this alternative. 10.4 OPTIONS FOR CONTINUED DISCHARGE TO ASHLAND/BEAR CREEK 10.4.1 Option 4: Cooling Tower/Heat Exchanger/Chiller Background A cooling tower could be used to reduce the temperature of the effluent through evaporation to reduce the effluent temperature. The primary benefit of the cooling tower alternative is it addresses the temperature requirements without concern for off-site improvements, water rights, potential reduced flows in the stream, or potential compliance schedules. However, this alternative would be an energy-consuming option because the effluent would have to be pumped to the top of the cooling tower and a large fan would be operated continuously. This option was determined to be a viable alternative by Carollo in an evaluation of disposal alternatives completed in 2009 [2]. However, as noted in the Carollo report, a cooling tower nRncr CITY OF ASHLAND •..- -• • COMPREHENSIVE SANITARY SEWER MASTER PLAN K E R asaocie tes could not meet the limits all the time and a chiller would have to be added to reduce the temperature of the effluent to meet the limits during some days. In a cooling tower, air is simultaneously drawn up through the tower in the opposite direction from the water flow. A small portion of the water is evaporated, which removes the heat from the rest of the water. Warm, moist air is discharged to the atmosphere and cooled plant effluent is discharged to the creek. There are two types of cooling towers that would be considered for Ashland: open loop and closed loop, both using plastic media. In the open loop design, the plant effluent would be pumped to the water distribution system at the top of the cooling tower for distribution evenly across the top of the media. In the closed loop design, the plant water is kept separate from the cooling water. The advantage to the closed loop system is that the cooling water is separate from the wastewater, and anti-scaling chemicals could be added to prevent scaling in the tower without affecting the effluent water quality. There are two types of closed loop designs. In one, the plant effluent would be pumped through coiled tubes from the top of the cooling tower to the bottom of the cooling tower. Cooling water would be pumped to the water distribution system at the top of the cooling tower for distribution evenly across the top of the media. In the second design, the layout is the same as the first except that the cooling water is put through a plate heat exchanger to further cool the cooling water. For larger systems, like that needed for Ashland, this closed loop option is less expensive. The cooling tower would not have to be operated year-round. Its months of operation would be spring to fall. Effluent temperature limits are a daily maximum of 13 eC from October 15 to May 15, and a daily maximum of 18 eC from May 16 to October 14. The effluent temperature regulations allow for exceedence of the effluent limits when the daily maximum temperature exceeds the 90"' percentile of the last ten years of the maximum daily temperature 7-day average. Based on the last 10 years of temperature data from the Medford Airport (closest weather station to Ashland), the 90'" percentile maximum daily temperature is 93.3 OF. When the cooling tower cannot meet the effluent limit, a chiller would also need to be used to reduce th&temperature of the effluent lower than can be done by evaporation alone. A chiller uses condensers and electrical energy to obtain the additional cooling required similar to a refrigerator. The Oregon Administrative Rules (OAR) provide some relief for meeting the temperature limits with an air temperature exclusion (340-41-0028(12)(c)) and a low receiving stream flow exclusion (340-41-0028(12)(d)). The air temperature exclusion provides that effluent temperatures that exceed the limit are not considered violations when "the daily maximum air temperature exceeds the 90th percentile value of annual maximum seven-day average maximum air temperatures calculated using at least 10 years of air temperature data." Analysis Continuous Discharge. A cooling tower can continuously cool the effluent wastewater to approximately 50F above the atmospheric wet bulb temperature. During each day the wet bulb temperature increases and decreases with the air temperature. The historical climate data for the Medford airport provided daily minimum, maximum, and average wet bulb nRGFT CITY OF ASHLAND •..- . • COMPREHENSIVE SANITARY SEWER MASTER PLAN a9sK E L L E R ocietea - temperature. Using this historical climate data from January 1, 1999 to August 30, 2010, the plant effluent temperatures can be calculated for the minimum, maximum, and mean wet bulb temperatures. Plots showing the estimated cooled WWTP effluent temperature at the mean, minimum and maximum wet bulb temperatures, respectively, are shown in Charts 10.1, 10.2, and 10.3. The mean wet bulb temperature graph is based on the average effluent temperature, while the maximum wet bulb temperature graph shows the maximum daily effluent temperature, and the minimum wet bulb temperature graph shows the lowest daily effluent temperature achievable using a cooling tower. These charts show that, using only a cooling tower and continuous discharge, there would have been a significant number of temperature violations over the last 11 years. When the temperature exclusion discussed above is considered, there still would have been more the 40 violations over the last 11 years. Chart 10.1 —Calculated WWTP Effluent Temperature at the Mean Wet Bulb 25.00 —Mean W at BuIC Temaaratum — -ERNant llmit 2000 ' 1 O 15.00 t ICY 111 �-1 f 111 It•II 10.00 5W 1 ' �Tl lllllllll l IS I OM W1111991 M4/1WO 12/&1999 4/182001 8112002 11142061 521V21105 1810200 2222009 1/02009 11/19201 41112012 a 0 testa Temperature nRAFr CITY OF ASHLAND •..- • r COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER associates Chart 10.2-Calculated WWTP Effluent Temperature at the Minimum Wet Bulb Temperature 25.00 20.00 I 15.00 - , I i U IIg 10.00 If [ 5.00 f3 C a 9.00 &11 997 7n4/i 12/61 00 12 1/1 QW5 IWIC 2 IN 012 6 6 0 —MmMUm Wet BuIE Temilerah9e 10.00 —E01uen1 LImB -15Ao -20.00 ow. Chart 10.3-Calculated WWTP Effluent Temperature at the Maximum Wet Bulb Temperature 30.09 • 25.00 2D.00 Qg 10.00 E a e 5.00 8 o.00 3/11 IW7 124/1999 12/0/1890 M19n001 0112002 1/142lp4 &292ea5 10/1e2 222!2009 1/0/2009 11/16201 M1 012 W 0 O -10.00 —Max Wet Bulb Temperature -15.00 ---Effluent Limit -20.00 Dab nRaFr CITY OF ASHLAND •..- • • COMPREHENSIVE SANITARY SEWER MASTER PLAN Q KELLER associates Storage. In order to meet the effluent temperature limits with a cooling tower, Keller Associates looked at using storage to cool plant effluent only during the night when the air temperatures are lower. A discharge period of 12-hour period was assumed. The storage would be sized for half the peak flow between April and October, as some of the potential violations for continuous treatment are in the shoulder periods. The estimated peak daily flow during this period is 5.5 mgd, and thus the storage tank would be sized at approximately 3.0 million gallons. The Oregon Department of Fish and Wildlife (ODFW) has indicated that they would want the City to continue to provide continuous discharge to maintain a more uniform flows in the creeks. This would require the City to store the cooling tower effluent and discharge continuously from this tank. For planning purposes the effluent tank was also assumed to be 3.0 million gallons. Since the cooling tower effluent would be stored, the final effluent temperature would be between the effluent at the mean and minimum wet bulb temperatures shown in Charts 10-1 and 10-2. Thus, there would still be several violations of the effluent temperature limit. The cooling tower may not meet the DEQ effluent temperature requirements all the time without additional treatment utilizing chillers to lower the effluent temperature during hot nighttime weather periods. Chiller. In order to prevent any discharge temperature violations, a chiller would be needed to reduce the effluent water temperature further. A chiller would use condensers and electrical energy to obtain the cooling required. Based on the climate data analysis, the chiller may be required to reduce the effluent a further 3 eC at times. To reduce the size of the chiller, it would be installed in the effluent line from the final storage tank and thus be sized for 5.5 mgd or 3800 gpm. The preliminary sizing of the chiller is 1,500 tons. The chiller would also need to be installed in a building. Cooling Tower and Chiller Alternative A cooling tower/chiller alternative that would allow the City to meet the effluent temperature limits at all times would consist of the following components: • Cooling tower inlet storage, sized to hold 12 hours of plant effluent flow from 10 AM to 10 PM during the period April 1 to October 30. The tank would hold 3.0 million gallons (50% of the peak dry weather day in 2030). For budgeting purposes, Keller Associates assumed the storage would be a concrete tank (high range) or a lined pond (low range). • Pumps, sized to pump the daily flow from the storage tank to the cooling tower (assumes permeate pumps or filter pumps can feed the tower). • Cooling tower, closed loop type, sized for the twice the peak dry weather day flow (7,600 gpm) in order to pump the peak day during the 12 coolest hours of the day. For budgeting purposes, Keller Associates assumed that the cooling tower would include a plate heat exchanger for the cooling water and non-chemical water treatment system for the cooling water to prevent scaling. • Cooling tower effluent storage, sized at 3.0 million gallons; assume continuous gravity discharge at the plant influent flow rate via a motor-controlled valve. For budgeting nRnrT CITY OF ASHLAND •..- • • • COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER associates purposes, Keller Associates assumed the storage would be a concrete tank (high range)or a lagoon (low range). • A 1,500 ton chiller, sized to cool 3,800 gpm 3 eC, in a building (approx. 32 feet by 22 feet and 16 feet high). The estimated capital cost for this option is $ 6,100,000 to $8,100,000, depending on the type of storage. The estimated annual O&M costs for the cooling system are approximately $200,000 (for either storage option). The O&M challenges are: • Scale control in tower and chiller. • Turning cooling tower system on as temperature limit is approached and off as tower is not needed. • Controlling the pump rates to the tower and chiller and outlet rate from the final effluent equalization tank. • Operating chiller when needed. 10.4.3 Option 5: Trading (Shading) Temperature trading allows for excess thermal loads to be offset by shading (from riparian vegetation) and other approaches that reduce heat loading such as constructed wetlands, flood plain restoration, and restoration of cold water refugia. In recent years, the temperature trading program has been developed more fully in the State of Oregon. With project protocols, verifications, and reporting procedures in place and accepted by DEQ, trading is now a viable solution for cities facing new thermal load limits like Ashland. DEQ allows for offsets in the TMDL area to apply both upstream and downstream of the point discharge. While there are few opportunities for trading in Ashland Creek, there are many opportunities to trade along Bear Creek and within the Bear Creek watershed. In evaluating this alternative, a non-profit organization, The Freshwater Trust, assisted in the analysis. To complete the analysis, The Freshwater Trust coordinated with and received and field verified data from DEQ's Heat Source models for Bear Creek to determine the extent of opportunities for riparian revegetation with native species to create shade and minimize solar loading in the TMDL area. In addition to using DEQ data for the analysis, The Freshwater Trust worked closely with DEQ technical staff to confirm its analysis procedures. The heat source data for Bear Creek was divided into three equal interval classes: LOW, MID and HIGH, based on the difference between existing shade cover and potential shade cover. Areas with the highest potential for improvements and shade credits are designated as HIGH. The lengths and potential solar load reductions for these reaches are summarized in Table 10.1. The location of LOW, MID, and HIGH Bear Creek river stretches is further illustrated in Chart 10.4. nRAFT CITY OF ASHLAND •.. COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER associates Table 10.1 Bear Creek Heat Source Analysis Results* Average of 25% #Miles by %Miles by Deliverable Solar Kcal Potential Potential per mile Potential Potential Load Reductions Category (kcal/day) Category _Category Kcal/day TOTAL 111100-WIM 3,257,325 5.16 19% 16-18-0-71797 MID 6-18-18-1843 16.65 61% 113,533,736 W.-G 10,141,007 5.34 20% 54,152,977 6,795,378 TOTALS (weighted averse 27.15 100% 184,494,510 'Information provided by The Fresh Water Trust Chart 10.4 Bear Creek—Potential Solar Load Reduction by River Mile PotentialSOWr Load Ibducti0n •' ii�A. ,,..�. � 6 0D10 to - t4 / 14 1 17,�e IB f +../ i..r- .. 21 22 —wq A 22` 21' f uemi mis '\ ; 47 ' Acres 191:1 .�t• - F ZB. 25 ownen 291'. ' " Id OgnK 437„r) ( t •.+ . , - ',law Parcntial Tota1lmBlian X.Q 1,243 5.0 10.9 15.0 20.0. and Poontl.r TOm ffwiu on Kcal w1 •' j t�itiorsafKaUmilekay Lsls 'w T talc ftdm PolPldlal 367 I �. _MUs i/ The Heat Source analysis showed that revegetation projects on Bear Creek will produce. between 3,257,325 and 10,141,007 kcal/day per mile with a weighted average of approximately 6,800,000 kcals/day per mile. Using this weighted average, to meet the projected 2030 excess heat load of 53,000,000 kcal/day, an estimated 7.8 miles of riparian revegetation will be needed. The actual length of shading requirements will depend on the existing conditions for the reaches targeted. nRnFr CITY OF ASHLAND •..- • • COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER associates With over 27 miles of riparian area, over 80% of which are in the mid to high-potential range, the data show there are sufficient revegetation opportunities along Bear Creek to meet reduction targets. For the purpose of this analysis, two conservative assumptions were made: first, the Solar Load Change actually projected is reduced by half to account for planting along only one side of the stream bank; and second, DEQ requires that the load be reduced by half again to cover risk factors of temporal loss and uncertainty. Under this alternative, the temperature of the effluent is not cooled prior to discharge. This creates the potential for near field (local) impacts to aquatic habitat that must be accounted for. To address these concerns, Keller Associates has worked closed with regulatory agencies, the City, and other stakeholders to develop a plan that will work. This includes the following improvements intended to address near field concerns: • Relocating the outfall from Ashland Creek to Bear Creek. Keller Associates proposes that this be completed via an open channel arrangement that would convey treated wastewater to Bear Creek via a side bank discharge. Based on modeling completed by DEQ, this single improvement would alleviate all near field concerns with the exception of potential migration concerns in September (there have been a few days in the last five years that would require the effluent temperature to be lowered from 23.5C to 22.3C in September). Using an open channel conveyance could further cool the effluent via shading and interaction with shallow ground water. • Modifying the existing wetland pond. While this improvement,may not be required to meet DEQ thermal load improvements, the wetlands could further serve to cool the effluent and improve aquatic habitat. The existing pond is too deep to encourage growth of vegetation and additional shallow groundwater interaction that would further cool the water. Creating a shallower wetland could support growth of wetland vegetation that would further cool the effluent. Additionally, ODFW has expressed a desire for off channel habitat which could be provided through properly designed wetlands. The final size of the wetlands may need to be expanded depending on a number of issues yet to be determined such as hyporheic action, shading in the channel and wetlands, and other shading activities along Bear Creek upstream of the ouffall, and additional flow and temperature data. • Other improvements that could be added into this alternative to improve conditions for fish include: 1) removing the current outfall structure which allows fish to enter the effluent pipeline of the WWTP (and possibly be trapped), 2) constructing a fish barrier (i.e. waterfall) in the new discharge channel from the WWTP, 3) modifying the existing pond by replacing/removing inlet and outlet structures. The Oregon DEQ has expressed support for temperature shading as a means for meefing thermal compliance at WWTPs. Other benefits of this alternative include: • Low capital and O&M costs. On-going power costs associated with other alternatives such as cooling towers can be avoided. Costs are also spread out over the duration of the project. • Flows remain in the stream for improved conditions for aquatic habitat during low flow periods. • Shading along the creek also improves aquatic habitat. • Other aesthetic and environmental benefits associated with trees. nRAP7 CITY OF ASHLAND • • COMPREHENSIVE SANITARY SEWER MASTER PLAN KE L LE R BBBOCIates An estimated cost for this alternative was prepared with input from The Freshwater Trust, and has an estimated net present value of approximately $2.7 million. Actual costs could vary depending on the final sections of river that are targeted for shading and the final scope of improvements targeted for the outlet relocation and wetlands work near the treatment plant. 10.4.4 Option 6: Blending/ Flow Augmentation The concept of blending or flow augmentation involves releasing cold water upstream of the Ashland WWTP. The source of this water would be either flow from TID (ideally from lower depths of the Emigrant Dam) or from Ashland Creek. The City of Ashland is currently in the process of permanently securing an additional 600 ac-ft of additional water rights formerly belonging to the City of Talent. The purpose of this right would be to augment existing flows in Ashland Creek and/or provide additional potable water supply. One of the benefits of this alternative is that increased stream flows could improve stream conditions in Ashland and Bear Creeks. For flow augmentation to work, the water quality and temperature conditions of the supplemental water need to be considered. This study does not include a comprehensive evaluation of these parameters. However, the City did install a temperature monitoring device in the TID system for about a week in August of 2010. Based on this temperature data; flow in the TID system already exceeded the target temperature thermal limits (18eC) and therefore would not be able to cool Ashland's effluent to levels that met the TMDL standard. Additionally, it should be noted that if flow augmentation were used, that DEQ has indicated that they want to see information on presence of parameters in the source water for which Ashland and Bear Creeks are water quality limited (see 1992 and 2007 TMDLs) and additional parameters may be needed depending on origin of source water. Given the need for additional potable water rights and the preference of the City to use Ashland Creek water over TID supplied water, it is unlikely that if additional Ashland Creek water rights could be supplied, that these rights would be used for flow augmentation during critical low flow conditions when they would be needed the most for flow augmentation. While flow augmentation may help mitigate thermal impacts during certain times of the year, Keller Associates does not recommend this as a sole solution to address excess thermal loads. 10.4.5 Option 7: Hyporheic(shallow groundwater mixing) The hyporheic zone is the region where shallow ground water interacts with the surface water in a stream or river. Depending on numerous conditions (e.g., channel geometry, soil characteristics, diurnal variations, season, etc.), the hyporheic exchange can act as a buffer for river temperatures and/or as a mechanism to cool/warm river temperatures. Using a hyporheic discharge was previously recommended for future study as a disposal option for temperature control. Implementing this process can take several forms, which can be divided into either a direct or indirect injection .into the water table. Each application must satisfy the following requirements [5]: 1. Definition and maintenance of a Waste-Management Area (WMA), which defines the confines of the infiltrate influence (Chart 10.5). The WMA must be situated so that the infiltrate remains within the confines of the property and does not affect existing wells. nRAFr CITY OF ASHLAND •..- • COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER associates Also, it needs to be shown that the infiltration will not contaminate the groundwater/aquifer. 2. Site/soil suitability, primarily that the hydrology of the site would permit the injection of the proposed quantity of effluent. 3. Public acceptance of the practice. Chart 10.5—Waste-Management Area [5] I...� .._.. _.. Effluent I Cx Discharge Boundary pest I 1 n L isyuxioa � a I Limit Gamdwatensurface F�:cy°a'asrc-k[anagement -d Water Interface a—y'L ..Diffuser_ l e e n kith 0 u t Figure 1 Shape and down steam limit Plan view Schematic of The Mixing Zone to be determined by the Mixing Indirect Surface a Model Model and stream dynamics. To Suliace Rater Notes: 1. At L,provide groundwater whine,selociry and concentration of key water quality parameters for mixing zone model.These typically will be estimates based on calculations or modeling. 2. L amctions as a surface water diffuser. 3. Effluent discharge m the WasteMavgement Area can be in groundwater,hyporheic water,or both. 4. Limits of Waste-Management Am are determined by horizontal dispersion of the effluent in groundwater, hyporheie water or bath Symbols:, e verification monitoring well location(i.e.,deteraon monitoring well) Cx Concentration of key wastewater effiuem parameters. Cy Concentration of key efibtent parameters m groundwater or hyporheic water at transition to surface water for mixing zone analysis,e.g.concentration for diffuser at 1. L Length of Waste-Management Area u receding water body. While the effluent temperature could conceivably be reduced through dispersion and conduction with ground water, this relationship cannot be adequately described without sufficient site data. A rough, preliminary design can be completed using semi-conservative values, which can be used as a basis to formulate site parameter investigations. nRAFT CITY OF ASHLAND •..- COMPREHENSIVE SANITARY SEWER MASTER PLAN K E l L E R asaocia cos A planning level evaluation of this alternative was completed for Ashland. This section includes summary information. For more detail refer to Appendix XX. A preliminary evaluation of the Imperatrice property was considered. However, due to the low permeability of the Imperatice property's soil, potentially shallow soil depth, significant slope, and incomplete WMA control, the site would likely not be well suited for effluent infiltration and hyporheic exchange. The hyporheic option could be implemented at other sites in close proximity, assuming property acquisition was a possibility. Soil maps from the National Wetland Inventory indicate substantial soil type differences in the valley, namely the presence of sandy characteristics in some areas. Sandy soils typically have a higher permeability rate, with typical values ranging from 0.13 to 12.96 in hr for clayey sand. Over this range of values, the foot print for each MGD of effluent would be between 780 and 8 acres (assuming 15 ft of head and 300 m spacing between the river and the infiltration basin). These areas only include that needed for the WMA; due to plot dimensions, considerable additional property would likely be purchased as well. If this option were pursued, the following phased approach should be completed in stages, obtaining more and more detailed estimates of the site characteristics, while minimizing potentially unwarranted expenditures. Initial sample planning should be based on the aforementioned design, first assessing if the City owns property that could be isolated enough to satisfy the groundwater protection requirements while providing an adequate footprint for the above design. Behind each stage is a progressively more accurate model of the ground/hyporheic water flow and the river mixing, which determines the viability of the design and directs subsequent investigations. We would recommend the following approach, each phase of which could be conducted in stages: Phase 1 —Initial Site Assessment and Monitoring Well Installations A preliminary assessment of the sites suitability for this approach can be completed by installing ground water monitoring wells throughout the site, as directed by the preliminary design. Placing the wells near the creek's edge as well as toward the site's boundaries will allow the wells to be used in the future for compliance testing, assuming the site is suitable. Recording soil properties and water levels in the drilling processes of the wells should provide a rough approximation of the site's geology and ground/hyporheic water state. These parameters could be used to estimate the site's infiltration capacity and subsurface conductivity. With these estimates, a rough design of the infiltration basins could be completed, balancing the need to minimize the waste-management area while maximizing the distance between the infiltration basin and the creek. Phase 2—Single and Multiple Well Aquifer Tests, Mixing Model Precursors Assuming that the preliminary design completed using the estimated'site parameters were viable, a more refined estimate of the site hydrology should be completed. To accomplish this task, wells should be drilled according to the predicted design, with locations in the infiltration area(s). Single well aquifer tests should then be performed to obtain actual conductivity information for the site, using the previously installed monitoring wells to observe the site's response. Using the results from these tests, the actual distribution of site conductivities can be more accurately estimated. These values can then be used to refine the previously developed model to reassess the site's viability. Tracer studies could also be used to determine ground water flow and dispersion. DRAFT CITY OF ASHLAND '..- . �� • COMPREHENSIVE SANITARY SEWER MASTER PLAN a E aER tes The Oregon DEQ requires a mixing model analysis to be performed to determine the impact of the hyporheic exchange on the creek temperature profile, to estimate the mixing effects. To approximate these effects, the creek profile should be approximated over the range of available property, determining cross section profiles, depth, and velocity. An estimate of the hyporheic mixing capacity would also be of help. As indicated by the research of Lancaster et al.[6], if properly distanced from the creek, the injected heat should not substantially impact the creek temperature. Phase 3—Long Term Monitoring Provided that the refined design was still viable, the behavior of the groundwater should be observed to determine seasonal variation and response to rainfall and creek flows. These observations would provide additional insight into the actual response of the site to real infiltration, allowing further calibration of the model and verification of the groundwater flow direction and velocity. Phase 4—Scaled Infiltration Test Using a full scale design based on the estimated infiltration capacity and ground water response as a guide, a large scale infiltration test would provide a final model verification prior to full construction. Using this approach, the capital investment required for an accurate model (which is expected for permitting [5] could be expended in stages, each of which would allow for the overall evaluation of the process, to determine if further investment is warranted. Other Hypoehic Considerations It should be noted that hyporehic activity can also occur through leaky wetlands. Thus some hyporehic activity could occur if the City's existing effluent outfall were relocated from Ashland Creek to Bear Creek via a channel and possible downstream wetlands. 10.5 SUMMARY AND RECOMMENDATIONS Table 10.2 on the following page summarizes the disposal alternatives, benefits, drawbacks, and costs. Based on the available information, Keller Associates recommends that the City proceed with Option 4, Trading (Shading). Concurrent to pursuing Option 4, Keller Associates recommends that the City pursue recycling as needed to address future potable water supply needs. nRAFT CITY OF ASHLAND '..- • COMPREHENSIVE SANITARY SEWER MASTER PLAN KELLER associates Table 16.2-Ashland WW Disposal Option Comparison Chart Net Description Capital Annual Present Opuion Project Elements -Benefits Drawbacks Cost Cost Value Commentlp 1A Maximum Irrigate 433 acres Benefwial use of water. High Cost. $10.1 M $(581000) $13AM Savings Reuse on with treated Existing water right could Lower stream flows. assume that Imperatrice effluent. be used to augment membranes Property Pipeline to site, potable water supply. are not used. 138-166 MG Potential for membrane storage. and chemicalsavings. Shoulder season Mitigate concerns of storage required "future"more stringent /winter regulations. ` discharge. SB Partial Reuse Lower cost does Similar to Option SA. High Cost. $5.3— $35,000 $5.8— For lower on includes Improvement could be Introduces complexities in 8.9 M 9.4 M cost range, Imperatrice minimum completed later if Option monitoring and wastewater need to add Property-- storage. 3 or 4 is pursued. management. cost of 424 ac•R/yr Highercost Higher O&M costs than Option 3or4 assumes more Option IA. to address storage,and Reduced stream flows cooling periods of no available for aquatic habitat. requirement discharge. 2 Discharge to Pipeline to Mitigate"near field" Not a standalone solution— Not Not Not TID Talent Canal. concerns. still need to offset excess Evaluated Evaluated Evaluated Reduction in chemical thermal loads. costs. High opposition from downstream users anticipated. District concerns about chemicals: Storage for shoulder seasons likely required. Schedule and approval outside of City control. 3 Cooling Tower Mechanical Addresses temperature Chillers required for hottest $6.1- $200,000 $8.6- Cost range cooling tower. concerns. periods. 8.1M 11.6M reflects use Storage facilities. Allows continued Upstream/downstream of ponds discharge. storage also required for versus Maximum control in night-time operation concrete terms of compliance storage schedule. reservoirs 4 Trading 8miles of Lowest cost alternative. Some uncertainty-- $3,645,000 spread out $23M (Shading) shading. Allows continued participating property over 20-years Channel to Bear discharge. owners to be identified, Creek. Improved aquatic habitat migration blockage Constructed and other environmental evaluation to be completed. wetland pond. benefits. Potential minor additional local cooling required. 5 Blending/ Blend additional Additional stream flow. Cannot meet temperature Not Not Not Not a viable Flow water discharges targets by itself. Evaluated Evaluated Evaluated alternative. Augmentation from Ashland Uses water that could be Creek or TID. used for potable water usage. Additional water quality testing may show additional water quality concerns. 6 Hyporheic Subsurface Low operations costs. Difficulty in locating site with Not Not Not (shallow disposal of Simple technology. suitable soils. Evaluated Evaluated Evaluated groundwater) treated Significant additional effort wastewater to required to determine shallow ground feasibility. water. Potential large land requirement. nRAFT CITY OF ASHLAND •..- • • COMPREHENSIVE SANITARY SEWER MASTER PLAN EL KL ER esssc ietes References 1. John Gasik: City of Ashland Excess Thermal Load Limits, WQ File No. 3780, ODEQ Memorandum, February 16, 2011. 2. Carollo Engineers: City of Ashland Update to WWTP Facilities Plan and Permitting Evaluation, Temperature Management and Water Recycling, November 2009. 3. Carollo Engineers: City of Ashland Wastewater Treatment Plant Upgrade Project, Project B—Offsite Facilities Predesign Report, November 1997. 4. Carollo Engineers: City of Ashland Water Conservation & Reuse Study (WCRS) & Comprehensive Water Master Plan (CWMP), Technical Memorandum No. 7 — Recycled Water Regulations, September 2010. 5. Oregon DEQ (2007). Disposal of Municipal Wastewater Treatment Plant Effluent by Indirect Discharge to Surface Water via Groundwater or Hyporheic Water.Internal Management Directive.State of Oregon Department of Environmental Quality.Portland. 2007. 6. Lancaster, S., Haggerty, R., Gregory, S., Farthing, K.T., and Biorn-Hansen, S. Investigation of the Temperature Impact of Hyporheic Flow: Using Groundwater and Heat Flow Modeling and GIS Analyses to Evaluate Temperature Mitigation Strategies on the Willamette River, Oregon. Final Report to Oregon Dept. Environmental Quality.Oregon State University, Corvallis. 2005. nRAFT CITY OF ASHLAND �..- OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY Memorandum WESTERN REGION-MEDFORD To: Ashland STP File Date: February 16, 2011 From: Jonathan Gasik, MS, PE, Senior Engineer State of Oregon Western Region Medford Office Department of Environmental Subject: City of Ashland Excess Thermal Load Limits Quality WQ File No.3780 BACKGROUND The Ashland WWTF discharges into Ashland Creek approximately 1600 ft(490m)from its confluence with Bear Creek. Although Ashland Creek is not currently on the 2004/2006 303(d) list for temperature,a review of temperature logger data,from Ashland Creek above the WWTF discharge point indicates that the stream should be listed year-round for an exceedance of the applicable temperature criteria(Table 16). In July 2007, DEQ finalized the Bear Creek Watershed TMDL. The Bear Creek TMDL allocates the Ashland WWTF a 0.IOC increase (HUA) above the applicable criterion in Ashland Creek as well as at the point of maximum impact. The TMDL also states that"As part of the NPDES permit renewal process,the city of Ashland may wish to compute daily or monthly thermal waste load allocations based on the applicable standard,actual receiving water flows,and actual.WWTF discharges." In April 2008, DEQ issued the Temperature Standard Implementation Internal Management Directive(IMD). This memo will use the methods described in the IMD to calculate Excess Thermal Loads based on the 2008 Bear Creek TMDL, and evaluate whether the Ashland WWTF can immediately comply with the new Excess Thermal Load Limits. EXCESS THERMAL LOAD LIMITS For point sources,TMDL wasteload allocations(WLAs)are implemented through effluent limits in NPDES permits. Thermal WLAs are expressed in permits as thermal load limits. Because the TMDL is based on a Human Use Allowance above the applicable criterion,the thermal load limit is known as an excessAermal load(ETL). As mentioned above,the TMDL allows for the thermal limits to be based on various river flows. Therefore, DEQ may calculate ETL limits based on critical case low-flows or actual measured flows. As described in the IMD and the TMDL, the thermal WLA can be converted directly to ETLs using the following equation: Thermal WLA=HUA * (Qps+Qr) * c Where, HUA=Human Use Allowance Qps=Point Source Effluent Flow(cfs) Qr=upstream river flow(cfs) C =conversion factor(2,446,665 kcal•sl*C•ft3•day) City of Ashland Excess Thermal Load Limits Page 2 of 13 February 16, 2011 Critical low-flow based limit: A conservative approach would be to use a critical low river flows(Qr) to calculate the WLA and apply this WLA directly as an ETL limit for each water quality limited season; summer(May 16 -Oct 14)and spawning(Oct 15 —May 15). The critical low flow is the lowest seven day average that has a 10 year recurrence(7Q 10). This approach has the advantages of simplicity and that no additional information in needed. However, it may be overly conservative and may result in an unnecessarily restrictive ETL limit. For Ashland Creek,the critical low-flow based ETL limits are as follows: Month '; a Applicable D`ry, Y" Re a wing r. �vHuman p}}t,WLPA"° Effluent ' Cntenon Weather Water se x (MW) Temp °C 'Desrgn 7Q10 Iowa ce 6H�;,a, Limit Fix€sue �e ' ° Flows , CFSs Q a E,st C HUA i wr n May 16— 18C 3.65 1 OAC .. .055 18.13 Oct 14 Oct 15 — . 13C 3.65 3 O.IC .079 13.18 May 15 The TMDL WLAs are in megawatts,but the Temperature IMD directs staff to calculate the ETL limits in kilocalories. Therefore, the critical low-flow based ETL limits are 788 Kcal and 1 132 Kcal, for the summer and spawning seasons respectively. Actual Stream Flow-based Limit: The ETL limit may also be based on the actual stream flow. In this case, Ashland would need to collect and,report stream,flow data. The ETL limit would be calculated by direct conversion of the WLA using the equations above: Parameter Limitations Shall not exceed a rolling seven-day average based on the Excess Thermal Load(ETL)` equation: ETL =(Qps+Qr) 0.245 million kcal•s/°Gft3•day (Year Rom) Where, Qps=Effluent Flow(cfs) i r=upstream river flow cfs EXCESS THERMAL LOAD(ETL) The ETL calculated using the following equation: Thermal Load d=Qps*AT*c Where, Qps=point source effluent flow AT=difference between the effluent temperature and the applicable criterion(Te- Tcriterion) C =unit conversion factor(2,446,665 kcal-s/'C-0-day) As discussed above, the applicable criterion is either the biologically-based numeric criteria or the natural thermal potential(NTP), whichever is higher. Ashland Creek was not Heat Source modeled by DEQ as part of the temperature TMDL. In the absence of modeling the temperature criteria that applies to Ashland Creek is 13.0°C(55.4°F)October 15 through May 15; 18.0°C City of Ashland Excess Thermal Load Limits Page 3 of 13 February 16, 2011 (64.4°F) May 16 through October 14(Biologically Based Numeric Criteria OAR 340-0041- 0028). The ETL is calculated as a weekly average by using the seven day average of the effluent flow and the seven day average of the daily maximum effluent temperatures. The City of Ashland collects daily effluent flows,effluent temperatures, and receiving stream (Ashland Creek)flows. The following table shows a comparison of the maximum ETLs with the critical case based ETL limits: Month Critical Low flow ETL Maximum ETL _ Limit May 16—Oct 788 Kcal 46,000,000 kcal 14 Oct l5—May 1132 Kcal 45;000,000 kcal' 15 As mentioned above, the TMDL allows for the thermal limits to be based on various river flows. The following charts use data from Ashland W WTP's discharge monitoring reports from 2009 to show the flow-based ETL limit and the ETL. Summer Thermal Limits 50 4s 40 m 35 v � 30 m Y 25 c 0 20 15 —ETL 10 — — ETL Limit 5 7W � r ` — — — amaa0g0000000000 $ 00 � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � N N N N N N N N N N N N N N ry N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ d N N O 01 00 1� O V !11 N N Of OD 1� O N O ti ti i� City of Ashland Excess Thermal Load Limits Page 4 of 13 February 16, 2011 Spawning Season Thermal Limits 50 40 30 m ZZ 20 1 10 od C 0 ETL -10 _ ETL Limit -20 -30 u m m m m m m m m m m m rn rn m rn m m m m g000SSoSoo . . . O N N N N N N N N N N .N . . . . . .N N N N N N N N N N � N N � N N � N � N N � -'I N � •i N ti N N N N m !1 f 1 a 0 � I! O rl •\'I N N N N rl rl rl rl rl As can be seen by the charts above,the current ETL exceeds the ETL limit during both the summer and spawning seasons. Existine Facilities and Strategies for Temperature Management Recognizing that significant thermal reductions would be required by the Bear Creek TMDL, the City began exploring options in 2006 with the formation of an ad hoc committee. The committee's goal was to explore options to meet the proposed thermal limitations with an emphasis on water recycling. The City continued to work on options and in November 2009 completed a report which included 4;strategies, cost estimates,non-economic evaluation, and a recommendation. The following table is.a summary of the report: Strateg Strategy Description Capital Present=., • Non-EconomicEvaluat�on yf r' .uF3Y 5. 1 i Y COSY Worth No'. 1 Effluent Cooling in $2,500,00 $2,540,00 Proven technology. May need mechanical cooling 0 0 storage ponds for critical towers pen ds. No. 2 No discharge,with $1,600,00 $1,630,00 Poor local public perception effluent reuse via 0 0 regarding reuse. TID's discharge to Talent irrigation season does extend Irrigation District Canal into Fall. TID No. 3 No discharge with $11,700,0 $11,750,0 Supplements City water supply. effluent reuse in City 00 00 Poor local public perception identified property regarding reuse. No. 4 Discharge to hyporheic $2,600,00 $2,600,00 Maintains stream flows. water 0 0 Opportunities to improve riparian zone. New strategy, unproven. City of Ashland Excess Thermal Load Limits Page 5 of 13 February 16, 2011 The report recommended pilot study to further evaluate Strategy No. 4 (hyporheic discharge). If this study shows that hyporheic discharge has limited potential to address temperature issues in Ashland Creek, the recommendation is to construct a cooling tower. Regardless, the report recommends that the City continue to work with the TID to identify opportunities for taking recycled water into the TID system and using stored water to offset flow impacts of effluent withdrawal. Thermal Plume Analysis In addition to the temperature criteria, the mixing zone rule contains limitations regarding thermal plumes. In accordance with OAR 340-041-0053(2)(d), temperature mixing zones and thermal effluent limits will be established as necessary to prevent or minimize the following adverse effects on salmonids: A) Impairment of an active salmonid spawning area where spawning redds are located or likely to be located. B) Acute impairment or instantaneous lethality. C) Thermal shock caused by sudden increase in water temperature. D) Migration blockage caused by temperature differential between the plume and the receiving stream. The following chart shows the minimum, maximum, and average effluent temperatures reported on Ashland's Discharge Monitoring Reports from Ashland STP Effluent Temperature 25 20 d 15 to s Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec The City of Ashland collected stream temperature data from July 2004 to August 2005. The reported stream temperature exceeded 30°C on several days. However,due to the sudden jump in the temperature, these appear to be periods when the temperature sensor was exposed to air, and not the actual water temperature. Excluding these periods from the dataset, the Ashland Creek temperatures are as follows: City of Ashland Excess Thermal Load Limits Page 6 of 13 February 16, 2011 Ashland Creek Temperature (7 day average) 25.00- ---------------------------- ---------------------------- ... ..................................................................... ......... ................................................ 20.00 15.00 ' m - c" 10.00 ` 5.00 0.00 eF�� 04 li z In previous studies, DEQ estimated the 7QI0 flow in Ashland Creek at l cfs. Since that time, the City has collected almost 10 years of flow data. The following table shows the lowest seven day average stream flow, the average STP flow, the average stream temperature, the average STP temperature,and the calculated stream temperature after mixing by month: Month Lowest seven Average STP Average 'Average STP Stream day average flow(mgd) UpStream - Temperature Temperature stream flow Temperature after complete cfs mixing January 1.36 2.49 4.86 13.39 11.16 February L66 2.35 -' 5.22 13.47 10.88 March 0.98 2.27 7.01 15.70 13.80 April,', 1.67 ` 2.19 8.64 17.01 14.25 May '0.87•1 -,'2.22 11.02 19.99 18.17 June`. 0.87 2.08 14.83 22.06 20.52 July T 1.77 2.04 18.83 25.40 23.04 August 1.22 2.01 20.51 25.40 24.02 September L66, 2.02 17.06 1 23.50 1 21.27 October `L'I4 2.00 12.67 21.79 1 19.33 November 1.13 2.01 8.55 18.36 1 15.75 December 111 1 2.30 5.25 14.74 1 12.49 Impairment of spawning is prevented or minimized by limiting potential fish exposure to temperatures above 13 degrees Celsius [OAR 340-041-0053(2)(d)(A)]. The area in the immediate vicinity of the discharge is an active spawning area-for winter steelhead, summer steelhead, resident trout, and coho salmon. Figure 271B of OAR 340 Division 41 designates Ashland Creek as spawning from October 15 through May 15. City of Ashland Excess Thermal Load Limits Page 7 of 13 February 16,2011 Because Ashland Creek is so small,there is currently no regulatory mixing zone or ZID assigned to the wastewater treatment plant. The discharge is currently configured so that the discharge transverses the entire stream almost immediately and DEQ is not able to allow any significant dilution in the ZID. Therefore, because the effluent exceeds IYC during all of the spawning period, the effluent has the potential to impair spawning. Additionally, the table and charts above show that the effluent causes entire stream to exceed the IYC during March, April, May, October, November, and December. Active Acute impairment or instantaneous lethality is prevented or minimized by limiting potential fish exposure to temperatures of 32°C or more to less 'thin,two seconds. Acute impairment requirements are met because all of the City's effluent temperature data was below this temperature. The highest effluent temperature recorded is 26.3°C on 7/27/2003. Thermal shock is prevented or minimized by limiting potential,fish exposure to temperatures of 25°C or more to less than 5 percent of the cross section of the water body, unless the upstream temperature is above 23°C.Migration blockage is prevented or minimized by limiting potential fish exposure to temperatures of 21°C or more to, than 25 percent of the cross section of the water body,unless the upstream temperature is above 21°C. The figure above shows that the seven day average stream temperature does not exceed 23°C. However, there are periods in July and August that are above 21°C. The table below shows the calculated stream temperatures based on the lowest 7 day average stream flow, the average STP flow, the highest 7 day average STP temperature_and the average stream temperature after mixing with 5 percent and 25 percent of the stream flow. Periods when the stream temperature was 21°C or greater were excluded from the 25 percent calculation: Month Stream'Temp Stream Temp after' mixing , after mixing with 5% ' 'with 25%, January 13:24 12.69 February 1329 '12.62 March ' 15.58 ` 15.11, April - 16.81 16.10 May 19.87 19.45 June `21.96 21.60 July 25.22 23.38 August 25.29 ! 23.79 September 23.33;' 22.74 October 21.62 21.02 November 18.18 17.54 December 14.60 14.06 The table above shows that the effluent has the potential to cause thermal shock during June and July and cause a migration blockage during June,July, August, September, and October. Therefore, effluent temperature limits are needed to mitigate potential spawning impairments, thermal shock,and migration blockage concerns. City of Ashland Excess Thermal Load Limits Page 8 of 13 February 16, 2011 Calculation of Thermal Effluent Limits Rased on Thermal Plume Requirements in Ashland Creek SPAWNING IMPAIRMENT: Per the TMDL, the ambient temperatures in Ashland Creek are above 13°C during late October. Therefore, per the IMD, the spawning criteria and the human use allowance of 0.1 °C, rather than a thermal plume limitation, will determine permit limits. These limits would be temperature limits, in addition to load limits, to prevent spawning impairment. The temperature limits are as follows: Te=(Tc+HUA)(Qe+Qr)- r Tc)/Qe i; Where,HUA=0.1°C Qe=Effluent Flow in cfs Qr=Stream Flow in cfs Tc=applicable numeric criterion= l3°C THERMAL SHOCK: Pursuant to the Temperature Standard Implementation IMD, the following formal should be used to prevent the temperature of Ashland Creek from exceeding 25°C after mixing with 5%of the 7Q10 low flow: Te=D(25-Tr)+Tr Where,D=dilution=(Qe+0.05QrYQe Tr=7 day average upstream temperature in°C' From the above analysis,thermal shock limitations are only applicable July and August. MIGRATION BARRIER: Pursuant to the Temperature Standard Implementation IMD, the following formal should be used to prevent the temperature of Ashland Creek from exceeding 21°C after mixing with 256/o of the 7Q 10 low flow: Te=D(21-Tr)+Tr From the above analysis,migration barrier is only a concern during June through October. SUMMARYOF THF.RMALI.IMITS FOR ASHLAND CREEK DISCHARGE Month Temperature Temperature Limit Temperature Most Limit(°C)based (°C)based on Limit(°C)based Limiting 'on spawniug thermal shock on migration criterion im airment blockage Janus 13.15 na na Spawning February 13.17 na na Spawning March 13.14 na na Spawning —April 13.18 na na Spawning May 13.14 na na Spawning June Na na 30.93 Migration July Na 25.27 21.82 Migration August Na 25.14 22.37 Migration September Na na 22.79 Migration October 13.16 na 29.54 Spawning City of Ashland Excess Thermal Load Limits Page 9 of 13 February 16, 2011 November 13.16 na na Spawning December 13.15 na na Spawning The most limiting criterion would be used to calculate the temperature limit. Note that in addition to the temperature limit above, the City must also meet the excess thermal load(kcal/day). BEAR CREEK OUTFALL EVALUATION The City has also requested an evaluation of the thermal plume effects if the outfall was moved to Bear Creek downstream of the confluence with Ashland Creek. The evaluation follows: The US Geological Survey maintains a gage in Bear Creek downstream of Ashland Creek. 7Q10 flows for each month at this location were derived using the program-DFLOW. These values are presented in the following table: Min of;AshlandlCreek,Flow `-.' Bear Creek Below Ashland Month above outfallF CFS ' 7Q10 flow cfs January 1.36 13.80 February 1.66 16.70 March 0.98 19.40 April 1.67. 19.00 May 0.87 21.40 June 0.87 24:10 July 1.77 23.80 August 1.22 28.90 September 1.66 9.22 Octobers 1.14 4.19 November 1.13 6.50 December . 1.11 11.00 Since August 2004,"the"Jackson County Water Master has collected temperature data in Bear Creek above the confluence with Ashland Creek (near Neil Creek). Using the same methodology as that for"the discharge into Ashland Creek, the following table shows the Bear Creek 7Q10`stream flow, the`average STP flow, the average stream temperature, the average STP temperature,and the calculated stream temperature after mixing by month: Average of 7 day average Bear Creek role'rmiap Bear Creek Average Temps Max of l3treamrt r Below of " i above Effluent (Temp" ,"Stream Ashland Effluent Ashland Temper i 4afteiT;i . Temp"7Q10 flow Flow Creek(Deg at re Ot 0/off after Month cfs m d C Ue(C „' m zi_ '5"/ mix January 13.80 2.49 1 5.15 13.39 6.95 12.14 9.50 February 16.70 2.35 6.53 13.47 7.77 12.17 9.76 March 19.40 2.27 8.47 15.70 9.58 14.13 1 11.51 April 19.00 2.19 1 10.49 17.01 11.48 15.591 13.21 City of Ashland Excess Thermal Load Limits Page 10 of 13 February 16, 2011 May 21.40 2.22 13.71 19.99 14.58 18.49 16.16 June 24.10 2.08 17.06 22.06 17.65 20.70 18.80 July 23.80 2.04 16.80 25.40 17.81 23.04 19.78 August 28.90 2.01 18.76 25.40 19.40 23.29 20.76 September 9.22 2.02 19.90 23.50 20.81 23.04 21.97 October 4.19 2.00 14.04 21.79 17.33 21.29 19.83 November 6.50 2.01 8.86 18.36 11.94 17.46 15.10 December 1 11.00 2.30 1 4.96 1 14.74 1 7.36 1 13.44 1 10.48 The table above shows that moving the outfall to Bear Creek below the confluence with Ashland Creek would eliminate thermal shock concerns, reduce that time period when there is potential migration blockage, and provide opportunities to reconfigure,the thermal plume to minimize spawning impairment. Calculation of Thermal Effluent Limits Based on Thermal Maine Requirements in Bear Creek SPAWNING IMPAIRMENT: Salmon and steelhead spawn in the receiving water downstream of the proposed discharge location in Bear Creek, there is potentially active spawning in the proposed thermal plume, and the effluent temperature is greater than 13°C during the spawning season (October 15 through May 15). Additionally,the upstream temperatures are above 13°C in October. Therefore, per the IMD, the spawning criteria and the human.use allowance of 0.1 °C, rather than a thermal plume limitation, will determine'permit limits in May-and October. The formula for temperature limits is the same as for the Ashland Creek example. Bear Creek is, however, large enough to allow fora smalt zone of immediate dilution (ZID). Bear Creek is approximately 30 feet wide at the proposed,discharge point. For streams of this size, DEQ could propose a mixing zone no to 60 feet in length and a ZID that is 10% of the mixing zone. Therefore, DEQ could allow a ZID that reaches approximately 6 feet from the point of discharge. Using the CORMIX model,and assuming that the effluent is introduced into Bear Creek through a 4 foot wide channel flush with the bank, the dilution at this point is approximately 1.3:1, or about 30 percent of the stream flow: THERMAL SHOCK: From the above analysis, moving the outfall to Bear Creek would eliminate the potential for thermal shock. MIGRATION BARRIER:From the above analysis, moving the outfall to Bear Creek would limit the potential foi thermal shock to September only. The formula for temperature limits is the same as for the Ashland Creek example.. SUMMARYOF THERMAL,LIMI7S FOR ASHLAND CREEK DISCHARGE Month Temperature Temperature Temperature Temperature Limit(°C)based Limit(°C)based Limit(°C)based Limit(°C) on TMDL HUA on spawning on migration criteria and ZID blockage January 13.46 19.53 na 19.5 February 13.56 19.90 na 19.9 March 13.65 18.81 na 18.8 April 13.66 16.27 na 16.7 May 13.72 na na 13.72 June Na na na na City of Ashland Excess Thermal Load Limits Page t I of 13 February 16,2011 July Na na na na August Na na na na September Na na 22.26 22.26 October 13.24 na na 13.24 November 13.31 15.01 na 15.01 December 13.41 18.77 na 18.77 Note that in addition to the temperature limit above, the City must also meet the excess thermal load(kcal/day). Water Quality Tradine to Meet Thermal Requirements The City is considering water quality trading to meet the thermal requirements discussed above. Water quality is an innovative approach to achieve water-quality goals more efficiently than traditional methods. The proposed trade would involve non-point source.thermal reductions (i.e. riparian improvements or other similar thermal improvements). The framework for evaluating water quality trades is contained in "Water Quality Trading in NPDES, permits Internal Management Directive"(Trading IMD). Per the Trading IMD, the City may trade their point source thermal load with non-point source thermal load within the Bear Creek watershed to the point'of maximum impact, which has been determined to be four miles upstream of the mouth of Bear Creek. However, as discussed above, the City must also meet the thermal plume requirements. The City may use trading to mitigate thermal plume concerns, however this mitigation must be above the discharge point. This is because cooler upstream temperatures are needed to-offset near field thermal plume impacts. Earlier evaluations determined that there is insufficient non-point source reductions available in Ashland Creek above the discharge to offset the thermal load. Therefore, without effluent cooling, continued discharge into Ashland Creek is unacceptable because of thermal shock, migration blockage,and spawning impairment. From the evaluation above, if,the effluent is moved to Bear Creek, no effluent cooling is needed to eliminate thermal .shock concerns. Also, the effluent need only be cooled to 22.3°C to eliminate-the migration blockage concerns. Alternatively, the City may implement non-point source reductions upstream and trade for a higher temperature limit. Cooling the effluent so that the temperature of Bear Creek is raised no more than 0.1 would eliminate the potential for spawning impairment. However, water quality trading allows point sources to continue.to'discharge at a higher temperature. So, even though the thermal load is offset elsewhere in the ,watershed, the potential for localized impacts to salmonid spawning remains. On option for'establishing temperature limits for spawning protection described in the Temperature IMD is to re-configure the discharge to disperse the plume and/or maximize mixing. DEQ has modeled a Fall spawning scenario using the CORMIX model, assuming an effluent temperature of 18°C and an upstream temperature of I IT. This model shows that the plume is buoyant and initially floats over the spawning area. The model shows that the effluent is cooled to below IYC before it mixes to the bottom of the stream. The following figures are a 3- D view, a plan view, and a profile view of the CORMIX output: City of Ashland Excess Thermal Load Limits Page 12 of 13 February 16, 2011 f. C Figure 1. CORMIX 3-D view of side bank discharge into Bear,Creek during early spawning season. I .._. ,m Figure 2. CORMIX plan view of side bank discharge into Bear Creek during early spawning season. City of Ashland Excess Thermal Load Limits Page 13 of 13 February 16, 2011 8° Figure 3. CORMIX profile view of side bank discharge into'Bear Creek during early spawning season. 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Water Quality Division combined loan.This"sponsorship option" Clean Water SRF encourages communities to pursue water DEQ reviews,scores and ranks new loan 811 SW 6•Avenue restoration or protection projects in conjunction applications three times a year.Proposed Portland,OR 97204 with"traditional"wastewater projects by s onsorshi ro cets are ranked based on Phone: (503)229-5622 sponsorship projects (800)452-4011 offering a financial incentive with minimal environmental benefit of just the traditional Fax: (503)229-6037 impact to ratepayers. wastewater project. Financing of a sponsorship Contact:Maneae Simpson option loan depends on the eligibility of the hnp.-IA w.dea..rrare.or.usr Traditional wastewater projects include building water resource activity,ranking of the traditional w 1loansnoans.him or improving a sewer interceptor,pump station, wastewater project and availability of program treatment process,biosolids disposal process or funds. other activities.Water resource activities are generally nonpoint source projects that improve Requirements for water resource activity DEQ's mission is to be an Oregon's water quality through restoration or descriptions active leader in restating, protection of a strear side area or wetland. Sponsorship loan applicants must describe their maintaining,and enhancing project's water resource activity and provide the quality of Oregon's air, Sponsorship option benefits information on the topics listed below.The water and land. As an incentive to encourage public agencies to resulting narrative should clearly describe the pursue water resource activities,DEQ reduces water resource activity and how the project will i the combined loan's interest rate so the semi- either restore or protect the quality of the annual repayment for the combined project associated water body. equals what the semi-annual repayment would have been for just the traditional wastewater L Describe the water body addressed by the project,or 1 percent,whichever is highest.Loan rD oject. terms range from five to 20 years. Describe the streandriver riparian area,lake, pond,wetland or other type of water body, Implementing a sponsorship option including the water body's length/size and its A public agency may either implement the water location.Describe any geographic or economic resource activity itself or enter into a sponsorship relationship between the water body and loan agreement with a partner who implements the applicant. activity.An implementing partner can be a local government,non-governmental organization or 2. Describe the water body's biological private company.The public agency(sponsoring importance. community)remains responsible for both the What species(fish,mammal or plant)habitat is successful completion of the water resource associated with this water body?Is this water activity and for the loan repayment. body seasonally important to any specific species,or any listed threatened or endangered The loan agreement requires the borrower to species?What water quality beneficial uses maintain the results of the water resource activity (such as fishing,recreation)apply to this water through property restrictions such as body?What is the biological importance of conservation easements. Projects may include restoring or protecting this water body? acquiring streamside areas or wetlands. 3. Explain the project's restoration facets. Loan application process Describe any activity that currently degrades the Applicants for the sponsorship option must: water body.Explain what safeguards will be • Complete a point source application(for the incorporated to protect the water body once traditional wastewater project) restoration is complete.List any other known • Provide a description of the water resource environmental issues affecting the water body activity(see below) that your project will not address. Last Updated:4/612011 By:tarry McAllister I1-WQ-M 4. Explain the project's protection efforts. Western Reeion Describe the project's proposed activities in detail.What aspects will ensure the water body's Project officers: long-term environmental protection?If land Jaime Isaza,Eugene acquisition or a conservation easement is 541-687-7341 proposed,who will manage these to ensure Isaza.qaime@dgq.state.or.us environmental protection in perpetuity? Bob Haberman,Eugene 541-687-7359 5. Describe moiect planning. Haberman.bob(d),deg.state.or.us Who is responsible for planning this project? What planning experience does this entity bring Technical assistance: to this project?What is the planning entity's Shannon Jones,Eugene relationship to the project and the property 541-687-7343 owner?What legal oversight will ensure the Jones.shannon @deq.state.or.m project is implemented as planned? Eastern Repine 6. Describe any implementing partner. A third party can be involved in implementing a Project officer: water resource activity.If there will be an Sharma Bailey,Pendleton implementing partner,describe that organization, 541-278-8681 if different from the public entity applying for Bailey.shanna(a deg.stale.Or.us the CWSRF loan or those planning the project. Describe the partner's experience with this type Technical assistance: of work as well major conditions anticipated in Todd Hesse,Bend any agreement between the sponsoring 541-633-2026 community and implementing partner. Hesse.todd(a),deu.state.onus 7. Discuss long-term viability of this water Northwest Reeion resource activity's results. State what safeguards you'll implement to Project officer: protect the water body for the long term.Explain Tiffany Yelton Bran Portland who will manage the resource to ensure its 503-229-5219 environmental health in perpetuity. Yelton.tiffanv(adeg.state.or.us For more information Technical assistance: Contact the appropriate DEQ regional project Shannon Jones,Eugene officer for more specific information on applying 541-687-7343 for the sponsorship option. Jones.sbannon@dea.state.or.us Alternative formats °rO10010ry Alternative formats(Braille,large type)of this '""01ee4ni"" document can be made available.Contact DEQ's • W W RNw. a Office of Communications and Outreach, snmES` „: »`erg ,'=r•;,. Portland,at 503-229-5696,to call toll-Gee in Oregon at 1-8004524011,ext.5696. E . o• WE51 aEGpN r,prxs sc+.i^Yfory Bc i.°:: tit, log{ N3FASrERN NEGgN •M A 0 w • NOp.YrryW 1 IYY rlWpn F ae VA., uEUrct 1 �yro i •w f � J n .R •. tt O�, ;.f it � � � �' M �.� � r f ' � � ..»:�� o �y! � I •. r r sL iy . ''• � r E yr *.�J . Jfl '{ 4` 'fi rLA�r`i-41t}�1�'.i arL5 o6�.. IL