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Home My WebLink About2011-1018 Council Mtg PACKET CI T Y 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 new 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 October 18, 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 IAMC 2.04.030.E.] 6:00 p.m. Executive Session for legal council pursuant-to ORS 192.660(2)0, ORS 192.500(1)(b), and ORS 192.502(4). 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE Ill. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Joint Study Session of October 3, 2011 2. Executive Session of October 4, 2011 3. Regular Meeting of October 4, 2011 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation regarding Ashland Forest Resiliency 2. Presentation and farewell to Martha Bennett 3. Proclamation regarding October 16 - 22 as National Friends of the Library Week VII. CONSENT AGENDA [5 minutes] 1. Will Council accept the minutes of the Boards, Commissions and Committees? 2. Does Council wish to approve a Liquor License Application from John Bohn dba Northwest.Pizza at 1585 Siskiyou Blvd.? 3. Does Council wish to approve a Liquor License Application from Xiao Yu dba Panda Garden at 1747 Ashland Street? 4. Does Council wish to ratify the new Labor Agreement between the City of Ashland and the IBEW Electrical Union Local No. 659? 5. Will Council, acting as the Local Contract Review Board, approve a contract amendment exceeding 25% of the original contract amount to modify the scope of services and exercise the triple guarantee clause in the original contract for professional recruitment services for a not to exceed amount of $15,000? 6. Does Council wish to confirm the appointment of Larry Patterson as Interim City Administrator? 7. Does Council have questions regarding the first quarterly update on the implementation COUNCIL 41LETIN6S ARF BRt)ADC ,\S'I' I,IVL ON ('I IANNEL9 VISI I' I I IF Cl I'Y Of' ASI IL AND'S \VIi1+ S) 1 6 :\T 1 '\\'\V.ASLII,A D.OR.t.IS of the Economic Development Strategy? 8. Does Council have any questions or directions for the Administration Services/Finance Department Customer Service Division regarding management of discount or assistance programs in place to aid customers in paying their utility bills? 9. Should Council approve a telecommunications franchise for Sprint Communications? 10. Will Council approve an extension of the existing contract for legal services with Douglas McGeary, not to exceed $45,000? 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 approve First Reading of an ordinance titled, "An Ordinance Amending the City of Ashland Comprehensive Plan to Adopt the Buildable Lands Inventory as Supporting Documentation to the City of Ashland Comprehensive Plan" and move the ordinance on to Second Reading? [10 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 1.. Will Council approve the recommendations of the Ad Hoc Homelessness Steering Committee? [30 Minutes] Please note: The Council has completed public input on this item. 2. Will Council approve a resolution replacing the annual budget process with a biennial (or two-year) approach, beginning with the budget for July 1, 2013 through June 30, 2015, and for each biennium thereafter until this resolution is repealed? [10 Minutes] 3. Will the Council clarity its direction on the conditions of the Reserve Amount of $700,000 in the agreement that was approved by the City Council on October 4 related to relinquishing the SUP and conveying assets for the Mount Ashland Ski Area? [15 Minutes] Please note: the public hearing on this item has been closed. No further testimony will be accepted. XI. NEW AND MISCELLANEOUS BUSINESS None. XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an ordinance titled, "An Ordinance Related to Meeting Quorum Requirements for City Appointed Boards and Commissions"? [5 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Does the Council have direction related to a request from Councilor Silbiger for guidelines for Commissions and Committees to sponsor events? XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at(541)488-6002(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COIjNCII %:IF[ TPN]GS ARF BROADCAST I_IV'CON CIIAN'N6L4 V ltI I 11 111, CITY (A: :ASI II ANDS M Fli S17 Ti AT \4�� W.AY II,AND.OR_t I$' CITY COUNCIL STUDY SESSION October 3, 2011 Page I of 3 JOINT STUDY SESSION WITH ASHLAND CITY COUNCIL AND RVTD BOARD OF DIRECTORS AGENDA Monday, October 3, 2011 SOU Stevenson Union Arena, 1250 Siskiyou Blvd. 5:30 p.m. Study Session Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Slattery, Lemhouse, Chapman, Silbiger, Morris, and Voisin were present. RVTD BOARD OF DIRECTORS: RVTD Staff: Connie Skillman Julie Brown, General Manager William Mansfield Paige Townsend, Senior Planner Sharon Kohlmeier Luanne Spencer, Executive Assistant Stan Littrell Nathan Broom,TDM Planner Wade Six Tim D'Alessandro, Operations Manager Joel Marks Scott Eason,Transportation Manager Rick Dyer 1. Will the City Council and the RVTD Board agree on near and long term transit goals that impact Ashland? Rogue Valley Transit District (RVTD) General Manager Julie Brown explained RVTD had been stable for the past three years and could continue to provide service at the current level through 2015 without additional funds or increased taxes. However, a demand to extend bus runs in the evenings and have Saturday service prompted RVTD to apply for a $983,000 competitive Congestion Mitigation Air Quality (CMAQ) Grant. If awarded, they could match the funds and provide the requested extended service for three years. Additionally, RVTD could have a ballot measure in 2012 or 2014 to secure more funds through a tax increase. Ms. Brown stressed the need for the region to work together to leverage more dollars and support projects. Ms. Brown described how an enhancement or addition to the service RVTD provided pulled resources from other areas within the District and used reinstating Route 15 as an example. The City of Ashland needed to determine trip generators, resolve parking issues, encourage Southern Oregon University (SOU) Student Services and employers to create pass programs, prioritize bike and pedestrian transit, and commit to a three year plan with RVTD. It was a cost and resource burden for RVTD to go through the contract renewal process annually. She went on to provide a summary of the long-term Tier Plan that included: Tier One,Extended Hours and Minor Service Expansion Region __ I Major Destination Southeast Medford I Barnett Rd x_N_Phoenix Rd/RVMC Expand service hours-4am l0 m All Routes except low productivity routes West White City Table Rd x Antelope Rd Saturday Service Base service from Sam to 6 m CITY COUNCIL STUDY SESSION October 3, 2011 Page 2 of 3 Tier Two,Tier One, Additional Routes,Express Routes,Peak Service Region Mayor Destination --- - ._. .. --._.... ............. West and southwest Central Point Twin Creeks TOD East Medford McAndrews Ed x Foothill Rd Ashland Talent Phoenix Circulators West of Hwy 99 in Talent and Phoenix/East of Hwy 99 in Ashland 4 Hour Peak Service All Routes except low productivity routes Southwest Medford/Jacksonville Stewart Ave x Lozier Rd Express Routes (15 min)to Ashland & White City Front St to Ashland Plaza & Front St to Cascade Shopping Center Northwest Medford Sage Rd x Rossanle Dr(North Gate Centre Tier Three,Tier Two,Additional Routes/Grid System Region Major Destination Foothills Rd Corridor from Barnett to Coker Butte Table Rock Rd Corridor from Midway Rd to Antelope Rd Hwy 99 Corridor from Table Rock Rd to Scenic Ave Delta Waters TOD Region not yet defined ........ .._........ .......-. ----- ------------------ - ......... ........... South Ashland Region not yet defined Direct airport service was not included in the plan. RVTD currently served the airport through their Medford transfer hub. Alternately, private shuttles effectively addressed airport service. ,Saturday service was limited from 8:00 a.m. to 6:00 p.m. with hourly runs but could change in the future once RVTD better understood whom they were serving. Council was concerned Saturday hours were not compatible with employees traveling to Ashland for work. RVTD would conduct a rider survey fall 2011. Mayor Stromberg suggested collaborating with the Ashland Chamber of Commerce to determine rider focus. Senior Planner Paige Townsend added RVTD was in contact with larger businesses, hospitals, and SOU to tailor expanded service hours to hit key shift and class time changes. Council suggested a cost study on Saturday service from 6:00 a.m. to midnight for people traveling to jobs in Ashland. SOU had established a new research center in their Economics Department that could possibly help with the study. Another Council concern was the City bearing the majority of cost and resources for a bus pass subsidy when participating organizations should contribute. Council and the Board discussed forming a team possibly consisting of Mayor Stromberg, Councilor Chapman, Ms. Brown, Ms. Townsend, and other Board members to strategize lobbying for RVTD to receive the CMAQ Grant. Public Works Director Mike Faught noted the December 31, 2011 deadline regarding the reduced fare program and summarized three possible options. One would end the reduced fare program and increase free fare for low-income riders at an estimated cost of$50,000. The second option would create a new program to provide a 50% subsidy for Ashland businesses at an estimated cost of $20,000. The third would subsidize private shuttles for Ashland tourists. Ms. Brown thought the highest priority was subsidizing low-income constituents. As for subsidizing bus pass programs for businesses, she suggested the City meet with RVTD TDM Planner Nathan Broom and work with a small committee to explore that option. RVTD had funds and the City should only pay a small subsidy, if any. An alternative would have businesses subsidize bus passes enough so the employee could purchase the pass at a deep discount. She did not encourage developing a private shuttle service unless the City felt the need. She thought the City should invest in Option 1 and Option 2 only if the CITY COUNCIL STUDY SESSION October 3, 2011 Page 3 of 3 amount allocated to subsidize business pass programs was lower. She reiterated the cost effectiveness of having a longer contract with RVTD. Council supported subsidizing low-income riders. There was a concern committing to a two year contract to buy down bus fares when there was no supporting data. Additionally, some thought employers should develop their own bus pass programs. Ms. Townsend explained Ashland could establish parking management policies through the planning process that require major trip generators to consider vehicular reduction strategies like car sharing, commuter resources, buss pass programs, and car pooling at no cost to the City. If RVTD failed to obtain the CMAQ grant, they would maintain present service without Saturday runs or extended hours. However, RVTD would continue to look for money to fund those services. Meeting adjourned at 6:55 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND C.77'Y C.UUNC.IL Mthl INU October 4, 2011 Page I of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 4, 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, Moms, Lemhouse, Voisin, Silbiger, and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on various Commissions. Councilor Voisin explained the Wildlife Committee would conduct a deer census October 13, 2011 and needed volunteers. Anyone interested in participating was encouraged to email deerashlandggmail.com. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of September 19, 2011 and Regular Meeting of September 20, 2011 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Council recognized the 2011 Ashland All-Star Little League Baseball players for their achievements and sportsmanship. The Mayor's proclamations regarding October 1 — 8, 2011 as Oregon Days of Culture and October 9— 15, 2011 as Fire Prevention Week were read aloud. Fire Chief John Karns and the A Shift were recognized for Fire Prevention Week. CONSENT AGENDA 1. Will Council adopt a resolution repealing Resolution No. 2011-01,which establishes an AFN Advisory Board? 2. Will Council accept a trail easement from the Ashland Christian Fellowship Church? 3. . Should Council authorize signature of an Intergovernmental Agreement with the City of Medford to provide building inspection services? Councilor Morris/Chapman m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will Council approve a resolution titled, "A Resolution Correcting,Amending and Deleting Sections of the Miscellaneous Fees and Charges Document Previously Approved by Resolution 2011-26"? Interim Assistant City Administrator Lee Tuneberg explained this was the first adjustment to the resolution and would correct the Consumer Price Index (CPI) for Public Works and Engineering, include the calculation of valuation for Building Permit fees, add the FireMed Plus medical air transport fee, and delete telecommunication coaxial conduit charges for new home construction. AJHLANU C.77 Y CUUNCtL Mhh71NG October 4, 2011 Page 2 of 7 Public Hearing Open: 7:18 p.m. Public Hearing Closed: 7:18 p.m. Councilor Silbiger/Chapman m/s to approve Resolution #2011-26. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Deb Van Poolen/78 4'h Street/Explained she was a sustainable farming consultant. Having a healthy watershed and water supply was important and the ski expansion at the headwaters threatened that. Liza Maltsberg/276 B Street/Spoke regarding public interest versus private interest. The current trend nationally was corporate desire superseded the people's interest. She wanted the public interest of Ashland citizens put first before private interests. Emery Way/753 Siskiyou Boulevard/Spoke regarding the Mt. Ashland ski expansion and the watershed. Council had as much at stake protecting drinking water as anyone and there was no excuse for feigning neutrality. The decisions made regarding the expansion would hang over the community for generations. He encouraged the Council as individuals to come out in support or opposition to the Mt. Ashland ski expansion. Political expediency on the matter was no excuse for silence. Destino Stonehouse/Lilac Street/Opposed the Mt. Ashland ski expansion and thought there were eco- tourism opportunities in the watershed and roadless wilderness instead of expanding the ski resort. Council should continue Teddy Roosevelt's intention to keep it a roadless and protected wilderness. Tenasi Rama Lazar/513 Carter Lane/Explained how the water tunnels underground in the proposed ski expansion area filtered water for the river. Any cuts through that area would seriously impair water quality. He invited Council to meet with him and Donna Mickley from the US Forest Service to walk the area of the expansion October 12, 2011 at 9:00 a.m. Xyara Asplen/1342 Seena Lane/The watershed was the water source that community needed to claim as part of everyone's home. It was vital at this time for people to educate themselves and play an active role in the community and continued protection of the waters. The expansion created the potential for negative economic impacts. Barry Tillman/2301 Siskiyou Boulevard/Introduced Global Ashland and explained it was an organization interested in unifying Ashland for World Peace. He shared Global Ashland's upcoming itinerary and invited everyone to join and bring in a new era. Carrie Zo1V78 North Mountain/Explained she was creating a program for eco-tourism and living industries from old growth forests. She was also working with Southern Oregon University and the Parks Department on an alternative to pesticides using bio-dynamics and permaculture. The impending logging in the proposed ski area could seriously impair the watershed. She encouraged Council to look at eco- tourism as an alternative for children to learn about bio-diversity and ultimately create a bigger vision that would not destroy eco-systems to make money. UNFINISHED BUSINESS 1. Does Council wish to affirm and finalize an agreement,as revised by City Council action on August 30, 2011,with the Mount Ashland Association (MAA) that would dissolve the existing lease agreement,replace the lease with new terms, convey the property currently owned by the City to MAA, and require the City to relinquish the Special Use Permit for the Ski Area so that MAA can directly obtain the SUP? AJ'HLANU C.11'Y C:UUNC IL Mtt/7NU Ocmber 4, 1011 Page 3 of 7 City Attorney David Lohman removed himself from the meeting due to a conflict of interest and Attorney Bob Steringer from Harrang, Long, Gary,Rudnick P.C.joined the meeting in his place. City Administrator Martha Bennett provided an overview of the amendments Council made to the draft agreement and MAA's response. One amendment changed the City appointed non-voting member on the MAA Board to a City appointed voting member the MAA could not veto. MAA was not in favor of the amendment and requested Council retain the original language of a non-voting member. The second amendment added Quality Control to the Quality Assurance statement and allowed a City appointed person to be on-site during any construction activities. MAA agreed with the amendment to have an inspector on site during construction. The third amendment increased the restoration amount to$700,000. MAA opposed the amendment and requested the U.S. Forest Service set the restoration amount in the Special Use Permit (SUP) instead. The fourth amendment would prohibit MAA from logging until they had sufficient funds for Phase I. MAA did not agree with the amendment and suggested alternate language that would allow the U.S.. Forest Service to determine how much they had to raise prior to proceeding with the expansion. MAA General Manager Kim Clark explained the MAA Board's main issue with having sufficient funds before Phase I expansion was due to the description of Phase 1. The U.S. Forest Service would review Phase I projects and possibly change them. MAA did not want a breach in their agreement with the City. The primary objective of the U.S. Forest Service was that Phase 1 produced revenue. He went on to explain the U.S. Forest service required MAA to have funding above the current restoration bond of$200,000. The$200,000 was a baseline and the U.S. Forest Service would determine adjustments. Additionally, MAA will post a performance bond before any construction to guarantee the work and will need the bond for permits. Council discussed each amendment MAA rejected. • Amendment 1, paragraph 4.a. (1)regarding City appointed Board Member. MAA rejected the proposed amendment as submitted and supported the original language of Paragraph 4.a. Council supported staff's recommendation to have a non-voting member that Council appointed but MAA could not veto. • Amendment 3, paragraph 4.d changing the Restoration amount to $700,000. MAA rejected the proposed amendment and wanted the U.S. Forest Service to determine the amount through the SUP. Council discussed restoration amounts. These were City assets and the U.S. Forest Service had indicated that in addition to the restoration costs, it would cost $750,000 to remove all of the equipment. The majority of Council agreed the restoration amount should increase to at least $700,000. There was concern setting the amount at $700,000 then having the U.S. Forest Service determine it was higher. Councilor Silhiger/Chapman m/s to amend Section 4(d) and remove the words "Restoration Amount" and require MAA to keep in reserve assets a minimum of$700,000 adjusted annually for inflation. DISCUSSION: Councilor Lemhouse supported the motion. Councilor Morris would support the motion but was not sure if the amount was correct or that it addressed the goal. Councilor Slattery thought the amount was low and restoration could cost more. Councilor Silbiger added this amount was separate from whatever number the U.S. Forest Service determined. Councilor Voisin stated the bottom line was protecting the watershed and water quality. AJHLANU C77'Y CUUNL7L MLL77NU October 4, 2011 Page 4 of 7 Councilor Voisin motioned to the amend motion to increase the $700,000 to$1,000,000. Motion died for lack of a second. Councilor Voisin would not support the main motion. Council needed more information from the U.S. Forest Service before making this decision. Roll Call Vote: Councilor Silbiger, Slattery, Chapman, Morris and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. • Amendment 4, new paragraph 4.e prohibiting MAA to log until they have sufficient funds for Phase I development. MAA suggested replacing the proposed language with the following: "...until sufficient funds, as determined by the USFS are raised for the approved Phase I project." Councilor Morris originally proposed the amendment because he did not want MAA to start the expansion without funds to continue. The issue was that no one knew what Phase I entailed or actual cost. He was more concerned all the restoration projects remained in Phase 1. Councilor Chapman/Lemhouse m/s to amend Section 4(e) removing language in brackets and replace with "as determined by U.S. Forest Service." DISCUSSION: Councilor Chapman did not think the section should be itemized until the U.S. Forest Service defined Phase 1. Mayor Stromberg questioned how the motion would protect the City if the U.S. Forest Service could determine initial logging was sufficient for Phase 1. He also questioned how cash and commitments would work regarding pledges. Councilor Chapman reiterated that according to U.S. Forest Service Phase 1 had to generate revenue. Councilor Slattery commented that'logging was revenue. Councilor Morris doubted MAA would start construction to make money on trees due to the expense of helicopter logging. Mayor Stromberg suggested adding language: "...a revised version of a complete Phase I as specified by the U.S. Forest Service,"to the amendment. Councilor Lemhouse supported the motion and transferring the SUP. Having the agreement would give the City legal recourse. Councilor Voisin would not support the motion based on the lack of information on how the U.S. Forest Service would define Phase I. Attorney Bob Stringer explained the agreement did not bind MAA to complete improvements or restoration projects in Phase I. Ms. Bennett added Council could specify projects and add a consultation paragraph stating the City and MAA would agree on the amount needed prior to construction once the U.S. Forest Service defined Phase 1. She clarified the project will be defined as it was in the Record of Decision (ROD). Councilor Voisin was against the expansion. Just cutting trees would disturb the equilibrium of the eco- system. She also wanted to have specifics included in Phase I. Councilor Silbiger suggested modifying the language for Phase I using"reasonably described"knowing it would not be exact. Mayor Stromberg asked whether Council would accept a pledge as a commitment. The majority of Council preferred cash but would support pledges. Mr. Stringer noted Council could firm up the financial commitments by referring to them as binding and add the performance bonding as part of what was needed to be secure. Councilor Chapman withdrew his motion with Councilor Lemhouse's consent. Councilor Chapman/Lemhouse to amend Section 4(e) to read as follows: "The MAA agrees that it will not proceed with any logging, earth movement,or construction activities related to the portion of the expansion identified as Phase I until MAA has received a combination of cash contributions, binding financial commitments and performance bonding necessary to cover the entire cost of the ASHLAND(.'I7 Y (:UUNCIL MLL/IIV U October 4, 2011 Page 5 of 7 Phase I improvements." And to add sentence as follows: "The final details of Phase I will be determined by permits issued by the US Forest Service but can be generally described as Ski Run Settlement Sale, a C-6 chairlift with new lower intermediate and novice runs, a warming hut, additional parking spaces,the widening of several existing runs,and 23 watershed restoration projects." Roll Call Vote: Councilor Silbiger, Slattery, Chapman,Morris and Lemhouse,YES; Councilor Voisin,NO. Motion passed 5-1. Councilor Lemhouse/Slattery m/s that the Council finds that conveying the Permit Property would further the public interest and that Council approve the Agreement with the specific modifications made by Council. Roll Call Vote: Councilor Silbiger, Slattery, Chapman,Morris and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. 2. Will Council approve a resolution replacing the annual budget process with a biennial (or two- year)approach,beginning with the budget for July 1,2013 through June 30,2015, and for each biennium thereafter until this resolution is repealed? Item delayed due to time constraints. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should Council approve the First Reading of an ordinance titled,"An Ordinance Related to. Meeting Quorum Requirements for City Appointed Boards and Commissions"and move to Second Reading? City Attorney Dave Lohman read the ordinance title aloud. Councilor Slattery/Silbiger m/s to approve first reading of ordinance and set the matter for a second reading. Roll Call Vote: Councilor Silbiger, Chapman,Morris,Lemhouse,Voisin and Slattery,YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Will Council approve the recommendations of the Ad Hoc Homelessness Steering Committee? Ad Hoc Homelessness Steering Committee (HSC) Chair Heidi Parker introduced the members of the committee and read the committee charge. Committee Vice Chair Rich Rhode described the processes used to gather and rate community solutions to the homelessness issue. HSC member Graham Lewis presented the recommendation to establish donation boxes in areas where there was a significant amount of panhandling. The Ashland Chamber of Commerce would pay for the cost of the boxes and a local non-profit would collect the funds. Chamber of Commerce Homelessness Task Force member Meiwen Richards added the Chamber would devise language for the boxes and work with the HSC finalizing verbiage. Business owners would purchase the boxes that the City would install and maintain. Initially the Chamber would collect the money but wanted a non-profit appointed. They were currently in discussions with St. Vincent De Paul to collect and manage funds. Donation boxes would alleviate some pan handling but not eliminate all of it. HSC member Regina Ayars presented the recommendation for a day use center The Salvation Army would manage that would provide basic services that included showers, laundry, and clothing. They needed a building to rent and approximately $24,000 for one year of rent. Future funds would come . through grants to pay for the venue. The Salvation Army Development Director Jackie Agee explained they would ask the City to help secure a source. The Salvation Army would not pay rent for the building but offer services to the homeless and those at risk for homelessness. Currently several owners were interested in leasing their buildings rent-free for the first year. Individual contributions primarily funded the transitional shelter in Medford with some funds coming ANHLANUC 17Y t.UUNCtL M6t77NU October 4, 2011 Page 6 of from the Veterans Administration and Housing and Urban Development. Additionally, the day center in Ashland would include a small thrift store in the front. Chair Parker presented the recommendation for 24-hour access to public toilets. The approximate cost for the Parks and Recreation Department to keep a public restroom open 24-hours was $8,000 annually. HSC suggested having three portable toilets on a trial basis at an annual cost of$1,026 per year for each unit and $1,578 per year and unit for handicap porta-potties. Sara Hopkins Powell presented Trinity Episcopal Church's recommendation to create a Listening Post for homeless people. Trained volunteers would be available to listen only and not counsel. The Church will move forward on this in conjunction with Peace House, United Methodist Church and run it during Uncle Foods Diner on Tuesday nights. The service could expand to the homeless day center or other venues. Vice Chair Rhode presented the recommendation to extend the HSC to March 2013 and provide staff for meetings. He described the positive collaborative efforts of the community and continued interest in contributing ideas. Councilor Silbiger/Chapman m/s to limit testimony to 2 minutes per person.Voice Vote: Councilor Lemhouse, Slattery, Chapman, Morris and Silbiger,YES; Councilor Voisin, NO. Motion passed 5-1. Clark Geil/753 Siskiyou Boulevard/Urged Council to pass the proposals by the HSC. The donation box was his least favorite and the 24-hour toilets were long overdue. The Ashland houseless did not have legal places to sleep at night. Showers and other services were greatly needed and a way of giving back to the public good as well as a way to treat those less fortunate more humanely. He asked Council to extend the Homelessness Ad Hoc Committee. Emery Way/753 Siskiyou Boulevard/Noted that six months prior he was in the Chambers opposing the exclusionary zone and supporting the HSC on homelessness. He supported extending the Ad Hoc for another year. The HSC received dozens of proposals and various groups formed regarding homelessness. The last six months proved the community was capable of finding ethical solutions to the problems that face it. He asked Council to extend the HSC. Keith Haxton/110 7th Street/Supported the Steering Committee and appreciated what they were doing but thought it should have a homeless representative or someone who worked closely with the homeless as a member. He was in favor of portable toilets but had concerns about the City running a thrift store at the day center. He was against the donation boxes, disagreed with the language, and noted it would not stop pan handling. Helga Motley/693 Clay Street/Attended several Ad Hoc meetings and was frustrated that attendees could not participate in the discussions. She shared times in her life when she was homeless but had friends help her out and noted the need to build up the empathy deficit to be more generous. Catie Faryl/1670 Siskiyou Boulevard/Explained the issues of homelessness was the tip of the iceberg to the current economic weakness and it was time to see things through a new lens. She believed the nation would encounter a triple dip economy. She thought the home free people should get a tax credit from Utility bills for leaving a lower carbon footprint. There was also a big disconnect with the collection boxes and another one between the residents and businesses three blocks off the plaza as well as the region. The collection boxes sent an inappropriate message about the problem. There were bigger issues and she hoped everyone would attend the Solidarity Event. ANNLANU 0777 UUUNUL MLL/7NU October 4, 2011 Page 7 of 7 Sandra Coyner/1160 Fern Street/Attended almost all the meetings of the HSC and was impressed with their hard work and wanted it to continue for another year. Her main concern was Council support the day center. The donation boxes were all right if it encouraged people to give but disagreed with the language. The Listening Post might have happened without the HSC but the Ad Hoc energized many to start thinking and working for homelessness in the community. Aaron Fletcher/General Delivery/Explained he was a local home free person. The homeless needed a place where they could legally sleep each night. The homeless also did not have an organized avenue for participating positively in the community. An inexpensive solution to the problem was homeless shelter houses. Individuals would be required to participate in neighborhood community service for one hour each day they stayed at a house and listed possible community services. At night, several long-term, participants vested in the program would manage the houses. Participants would sign a document stating compliance with the house rules,two sound decibel monitors would prevent unacceptable noise violations and the houses would enforce a strict drug and alcohol free policy. These homes could come from donations or be rented with donated funds. Eric Navickas/711 Faith Avenue/Thanked the Ad Hoc Committee. He explained free market capitalism was failing and an austere public sector was not a solution. It was time to invest in people. One way was to ensure citizens had housing. He spoke against the collection boxes. They would take from the most impoverished people, not generate any relevant revenue, and be divisive. It was important to keep the solutions in a positive light and help fellow citizens get through these tough economic times. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report from Council members who attended League of Oregon Cities Conference. Item delayed due to time constraints. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg,Mayor k Proclamation s l� • Friends of the Ashland Public Library support our library to achieve any and all of its goals and raise money that enables our library to move from good to great by providing the resources for additional programming, much needed equipment, ' support for children's summer reading, and special events throughout the year. • The work of the Friends highlights the fact that our library is a cornerstone of the community providing opportunities for all to engage in the joy of life-long s learning and connection with the thoughts and ideas of others from ages past to `> �•� * the present. # • The Friends understand the critical importance of well funded libraries and 'kr advocate to ensure that our library gets the resources it needs to provide a wide8 variety of services to all ages including access to print and electronic materials, a �` along with expert assistance in research, readers' advisory, and children's t services. The Friends' gift of their time and commitment to the library sets an example for `s all in how volunteerism leads to positive civic engagement and the betterment of our community. THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, do ; hereby proclaim October 16 - 22, 2011 as: National Friends of the Library Week ,• It in the City of Ashland, and 1 urge all people to join the Friends of the Library and thank them for all they do to make our library and community so much better. � r Dated this 18th day of October, 2011 John Stromberg, Mayor Barbara Christensen, City Recorder �� «�dmT.w n�«a •'�.'.° 40�« «, '�va"w:+°�. :*��Y`p``on.+< . .r Yww�'�' a ....�Y�5.. . "`�"b; ' ��R? CONSERVATION COMMISSION MINUTES 6-8 p.m. —September 27, 2011 Community Development Building---To be approved at the October 261h, Commission meeting CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm. Attendees: Risa Buck, Thomas Beam, Sheri Cellini, Stuart Corns, Cat Gould, Jim Hartman, Jim McGinnis, and David Runkel were present. City Council Liaison: Carol Voisin, Staff Representative: Lee Tuneberg, Larry Giardina, and Mary McClary. INTRODUCTION OF GUEST Mark Weir from Strawjet Corporation attended the meeting to better understand the Commission and what they accomplish. The members introduced themselves and Mark spoke of this background. Strawjet Corporation, based in Talent, Oregon builds alternative wood products primarily for east Africa, and Indonesia. His background included: environmental sustainability, Clean Development Mechanism projects throughout the world, and they are gold standard certified. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for August 24, 2011. Commissioner Corns made a motion to approve the minutes as stated and Commissioner Runkel seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PUBLIC FORUM No one present to speak. Chairperson Hartman reminded the Commission at the August 241b meeting they passed a motion to spend the entire meeting on the Sustainability letter to be brought in front of the City.Council, but Commissioner McGinnis was present at that time, so he went on to other business. Chairperson Hartman went over the agenda and timeline for the meeting. ANNOUNCEMENTS Set aside to end of meeting. The next Commission meeting will be October 26, 2011. NEW BUSINNESS Item B. from New Business Removed Item Cfrom New Business Removed Item A. from New Business: Sustainability Commission Draft Outline Waiting for Commissioner McGinnis Item A. from Old Business: Will be covered with Item A from New Business Item C. from Old Business: 4'" of July Planning Set aside until next meeting. Chairperson Hartman spoke to the Commission about the refurbishing of the compost area at the Recycling area, and the members supported their efforts. Item B from Old Business: Road Diet Commissioner Runkel put together a letter from discussions from the last meeting, to be submitted to the City Council asking for an environmental impact study to be performed in relationship to the upcoming project. The members discussed the letter content and any changes they would like to add. Councilor Voisin spoke to the Commission about the estimated cost of an environmental impact study and the members then looked at different ways to obtain the information they requested, possibly from other cities. She stated the purpose of the Road Diet was for safety and to encourage multi forms of transportation. The members discussed how this project would fit nicely with a Sustainability Commission. Commissioner Runkel pointed out this Commission would be primarily concerned with the environmental impact and without additional information, the City does not know if it impacts the area or not. They discussed the pros and cons. Chairperson Hartman asked to change the intent to an environmental assessment, instead of impact, and also to research what other cities have learned. Commissioner Buck pointed out if the re-alignment of Hersey and Wimer was done first, then the Road Diet would have been a second step. Commissioner Runkel will take the changes and rewrite the letter to be presented to the Commission at the next meeting that would include additional issues, including environmental issues, without a huge expense. Commissioner Beam suggested keeping in mind the successes of the Road Diet that could be used as a platform in other areas of the City. . Commissioner Buck announced that they are putting up signs at the Recycling center: "Kindly turn off your engine while unloading, we thank-you with every breath we take." Items D, E, and F from Old Business: Grey Water Update Local Source for local Bags Update on Water Master Plan Larry Giardina went over the memo Robbin Pierce sent to the Commission dated 09/27/11 regarding Rainwater Harvesting Policy, Greywater, Cloth bags for Earth Day giveaway, AWAC and Green Business. The Commissioner took some time to read over the memo: Rainwater Harvesting Policy—Rick Hackstock, Plumbing Inspector has submitted a draft to Mike Grubbs, Building Official and Bill Molnar, Planning Director for review. Here is a link for the details which we can discuss at a future meeting. . http://www.deg.state.or.us/wq/reuse/graywater.htm (Ongoing) Greywater— DEQ issued its ruling and the resulting policy and procedure is available for viewing at the ruling is strict and will result in a slow measured implementation. (Ongoing) Cloth bags for Earth Day giveaway— I have been in contact with a local vendor and will be receiving a bid (Ongoing) AWAC —The next meeting is scheduled for tomorrow September 28`". This group has not met since your last meeting. (Ongoing) Green Biz— I gave an update to the Parks Commission last month. I am working to certify Noble Coffee and New Age Cleaners. (Ongoing) Councilor Voisin relayed information she received from the Mayor of Central Point, who stated Medford does not have a water conservation policy of any kind and either does Central Point. She remarked the City of Ashland may be a pioneer in establishing policies for conservation and supporting a Conservation Commission. Item A from New Business: Sustainability Commission Draft Outline Item A from Old Business: Member's reflection of Goal summaries/Reconstruction/Retreat Lee Tuneberg explained the agenda for the City Council meeting on October 4`h has already been finalized, so if this letter receives approval from this Commission, the.soonest it could be placed on the Council's agenda is October 18". He also explained the difference between a consent agenda and new business in regards to the Council meetings. Commissioner McGinnis arrived and the Commission discussed the letter that was drafted by the sustainability subcommittee on August 30th, 2011. They reviewed sustainability mission statements and statements of purpose: Sausalito, CA, Flagstaff, AZ, Bloomington, IN, Benicia, CA, Lincoln City, OR, Red Wing, MN, Sedona, AZ, Dunwoody, GA, Carbondale, IL, Eugene, OR, and Portland, OR. They discussed the pros and cons of what a Sustainability Commission mission and purpose would consist of based on Ashland's specific unique character and circumstances. DRAFT The Conservation Commission recommends that the Conservation Commission be re-chartered as the Sustainability Commission. We think that a Sustainability Commission will better support the City Council in meeting current and future sustainability related Council goals, as well as support sustainability on a citywide basis. The new Sustainability Commission will broaden the current scope of the Conservation Commission, and will regularly work together with other City Commissions and Committees in areas related to sustainability. It is our assessment that the current Conservation Commission has been doing excellent work within our current scope of operations. However, since the original chartering of the commission in 1995, a more comprehensive understanding and acceptance of sustainability(which includes the current Conservation Commission scope) has emerged and has become broadly accepted by the general citizenry. We anticipate that the re-chartering of the new Sustainability Commission will involve disbanding the current Conservation Commission, and initiate a new Sustainability Commission application process. If the City Council concurs with our re-chartering proposal, the Conservation Commission will convene a 4-6 hour session in October to Flesh out a new Sustainability Commission charter, draft goals and objectives for City Council deliberation and approval in November. Below is our recommendation for the mission and purpose of the new commission: DRAFT Sustainability Commission Mission: To enhance environmental, social, and economic sustainability, the Sustainability Commission shall advise the City Council regarding policies, programs, regulations and strategies that will guide city operations, public awareness and action, toward best practices with measurable outcomes. Sustainability Commission Purpose: The commission is charged with the following roles and responsibilities: a. Develop and implement outreach and education programs that inform, engage, and promote sustainable practices. b. Review and propose sustainability related policies: Evaluate and make recommendations to Council regarding existing and potential new Council goals, regulations, incentive programs and policy documents to further promote sustainability. c. Advise on policy matters related to sustainable practices and climate change adaptation/mitigation including: • Energy(demand, supply) • Air(quality) • Water(consumption, supply, quality, wastewater, grey water, water policy, education) • Waste (composting, reuse, recycle) • Green Infrastructure (parks, open space) • Built Environment(green zoning land building codes, building design) The members were highly disappointed different city projects do not include the Conservation Commission when establishing these projects, for example, A WACK and the Road Diet. The members discussed different ideas and changes to the letter, sustainability responsibilities, establishing a charter, impact on the city and city staff, costs and finances, educational processes, frame work, liaisons for other commissions, clear goals, received guidance from Council, budget committee, different departments within the city, directions or mandates, policies, member qualifications, understandable definition of sustainability, UN definition of sustainability, Valdez principles, existing comprehensive plan and specific changes they want to make to the letter Itself. Commissioner Beam made a motion to adopt the letter to the Council regarding changing the Conservation Commission to a Sustainability Commission with stated changes. Commissioner Buck seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. Revised letter: September 27, 2011 Final Draft Dear Council Members, In response to the request from City Council to"Develop a concise sustainability plan for the community and for City operations' (per Jan. 2011 Council minutes), and the interest from City Council majority in the"Conservation Commission-taking on a form of sustainability planning" (per Apr. 2011 Council working group notes), the Conservation Commission recommends that it be re-chartered as the Sustainability Commission. The Conservation Commission was originally chartered in 1995. It does not include the more contemporary aspects of sustainability issues, as currently accepted by the Council and general citizenry. The Conservation Commission anticipates that the re-chartering of the new Sustainability Commission will involve disbanding the current Conservation Commission, and initiate anew Sustainability Commission application process. A Sustainability Commission will better support the City Council in meeting current and future sustainability related Council goals, as well as support sustainability on a citywide basis. This new Commission will work in a research and advisory role with other city commissions and committees, and include aspects of sustainability as outlined in our proposed Mission and Purpose below. If the City Council concurs with this re-chartering proposal, the Conservation Commission will convene a 4-6 hour session in October/November 2011 to flesh out a new Sustainability Commission charter, draft goals and objectives for City Council deliberation and approval in November/December 2011. Definition of Sustainability: The Conservation Commission July 28, 2010 letter to the Mayor and City Council defined sustainability as "Meeting the needs of the present generation without compromising the ability of future generations to meet their needs,including protecting the environment, developing a healthy economy, and ensuring social equality'(follows 1987 UN W ECD definition of sustainability). Below is our recommendation for the mission and purpose of the Sustainability Commission: RECOMMENDED MISSION AND PURPOSE Sustainability Commission Mission: To enhance environmental, social, and economic sustainability, the Sustainability Commission shall advise the City Council regarding policies, programs, regulations and strategies that will guide city operations, public awareness and action, toward best practices with measurable outcomes. Sustainability Commission Purpose: The Sustainability Commission is charged with the following roles and responsibilities: a. Develop and implement outreach and education programs that inform, engage, and promote sustainable practices. b. Via liaison with other City Commissions and Committees, review and propose sustainability related policies: Evaluate and make recommendations to Council regarding existing and potential new Council goals and the Comprehensive Plan, regulations, incentive programs and policy documents to further promote sustainability. c. Advise on policy matters related to sustainable practices and climate change adaptation/mitigation including: • Energy(demand, supply) e.g. supporting 2011-2012 City Council goal: "Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands. • Air(quality) e.g. dust abatement, noise pollution, greenhouse gas reduction. • Water (consumption, supply, quality, wastewater, grey water, water policy, education) • Waste Prevention and Diversion (reduce, reuse, recycle, compost) • Green Infrastructure (parks, open space)e.g. native planting to reduce water requirements and reduce fire hazard. • Sustainable Building Practices (green zoning and building codes, building design) e.g. Rice Park • Transportation (transit, bike, pedestrian, vehicle) • Businesses that produce/promote sustainable products and services; eco-tourism (e.g Standing Stone • Agriculture/Food Security e.g. farms, community gardens, farmers markets, farm-to-school • Other related issues that directly affect sustainability efforts considered by Council. d. Advise Council on possible partnerships to implement citywide and regional sustainability programs. Lee explained about the Council Communication that would accompany the letter to the City Council. Quarterly Liaison Report Recology—postponed until October meeting. COMMISSION ITEMS NOT-ON AGENDA Set aside ANNOUNCEMENTS (Set aside to end of meeting). The next Commission meeting will be October 26, 2011. Bear Creek Festival will be held on October 1,2011. The members talked of possible dates for a retreat, October 22,29", November 5th or 12th, or 19th". Commissioner Buck announced.the annual plastic round up , held October 14, and 15'"at the Armory from 9-4pm. Commissioner McGinnis reported the Climate Change Reality Presentation Event was attended by 160 people and he felt the event met their expectations. He asked the Commission for reimbursement of funds for a technician ($125.00) and flyers ($130.00). The Commission set aside budget requests until their next meeting. Commissioner Beam----------- Commissioner McGinnis announce a informal pot luck at his home for people who helped with his event; either on the 9'h or 12 from 5-7pm. Councilor Voisin announced October 13'" is the deer census, deerashland @gmail.com to volunteer. ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10 pm. Respectfully submitted by: Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305(TTY phone number is 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 Titlel). CITY OF A C li i t A 1► i T1 - PF., CITY or ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes August 3,2011 Community Development/Engineering Services Building-51 Winburn Way-Siskiyou Room CALL TO ORDER - REGULAR MEETING, 6:00 am Historic Commissioners Present: Dale Shostrom, Terry Skibby, Keith Swink, Sam Whitford, Tom Giordano,Allison Renwick Commission Members Absent: Ally Phelps(e); Kerry KenCairn (u) Council Liaison: Michael Morris, absent High School Liaison: None Appointed. SOU Liaison: None Appointed Staff Present: Planner:Amy Gunter; Clerk: Billie Boswell APPROVAL OF MINUTES Mr. Whitford moved to approve the June 8, 2011 minutes as presented and the motion was seconded by Mr. Swink and were approved unanimously. PUBLIC FORUM: None Chairman Shostrom welcomed Amy Gunter and the new staff liaison. NEW BUSINESS: PreApp-Underground Drive-Ups in the Historic District Ms. Gunter explained that a PreApp was received from the Ashland Co-Op for a potential application for a Type III Legislative amendment to the Zoning Code to allow underground drive-ups in the Historic District, The Historic Commission expressed concern about the impacts of underground drive ups and how those impacts would affect historical downtown development pattern including building orientation to the street, the scale, proportion, openings and overall horizontal rhythms. The Commission discussed the'black-hole'affect of a"hole"next to the sidewalk or adjacent to the right-of-way.Additionally the Commission expressed concern regarding the entrance/exit impacts to the sidewalks through the modification of typical traffic flow, vehicular queuing, and pedestrian safety and visibility. They felt that the design was unpredictable and that each application would be unique and that a Conditional Use Permit would be an appropriate way to review each application and its impacts on architectural compatibility, noise, and odor and traffic. The Commission also felt that the drive-ups should be restricted to parking lots,alleys and side streets and not be accessible from the main arterial streets. The Commission also discussed the definition of underground and whether that meant fully underground, if the definition of basement would be modified or if a'daylight'drive up would be permitted. The question was asked if any"basement"drive ups would be counted as one of the"approved"drive-ups or if these would be additional to the already approved number of drive-ups allowed by current code. Comments were made that the original limitation had to do with pollution and gas use the drive-ups encourage and this proposal would not address thoseissues. PUBLIC HEARING: None Ashland Historic Commission Minutes 9/29/2011 CITY or ASHLAND OLD BUSINESS: A. Review Board Schedule August 41h Terry, Keith, Allison August 11th Terry, Tom, Kerry August 18th Terry, Sam, Dale August 251h Terry, Ally;Allison September 81h Terry, Keith, Kerry C. Project Assi nments for Planning Actions BD-2007-01764 160 Heiman Batzer-Comm Bldgss(Recession Extension approved)) hostrom/Giordano PA-2007-01939 175 Lithia Wy formedy 165 Lithia Archerd&Dresner-Mixed Use Bldg-(Expired 7/2sq) Renwick BD-2011-00855 165 W Fork-New SFR on hillside(new owner-Suncrest Hms)(Modification submined) Swink/Shostrom BD-2011-00436 426 A St(Sidney Brown) Mixed Use Bldg (permit issued 5-18-11)) Giordano PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear(No permit yet;expired 8127110.) Swink PA-2010-00069 175 N Pioneer Deli Terrell (no ermit-code compliance letter written Shostrom PA-2010-00486 820 C St Ellison Accessory Structure(complete-no permit required) Giordano BD-2011-01029 400 Allison Robin Biermann New SFR (Ready to issue Whitford/Renwick BD-2011-00820 156 Seventh Annie McIntyre Issued 7-12-11 Renwick BD-2011-00368 928 C St 92 Eighth St) (Charter)ARU issued 7-11-11 Swink BD-2011-01059 260 First St S ken) house to retail sales(appealed-bldg permit issued 8-25-11) Phelps PA-2011-00244 485 A St Hoxmeier enclosed porch&food truck no permit) Giordano BD-2011-01079 134 Terrace Allman New SFR(�pplied-not issued Whitford BD-2011-00621 89 Oak St Amorotico New facade on building under construction Shostrom BD-2011-00802 66 Scenic(Forsyth) Solar Variance (issued 7-15-11) Phelps DISCUSSION ITEMS: Quarter 2 Attendance Report-Ms. Gunter reviewed the report with the Commissioners and said it would be forwarded to the City Council. Ms. Renwick pointed out her total was incorrect and should show 1 absence. The Commissioners recommended retaining Ms. Kencairn on the Commission but that a letter be sent reminding her of the rules. Gun Club Site Visit-The Council will not be doing a tour but the Mayor said it would be OK for the Historic Commission to visit. Ms. Gunter said on the tour the Commissioners could look at ways grant monies could be used to protect the historical sites such as fencing around the pumphouse. Chairman Shostrom recommended they wait until later in September or October when the weather cools and also to see what happens with the lawsuit. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 6:45 p.m. Ashland Historic Commission Minutes 9/29/2011 CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes September 7, 2011 Community Development/Engineering Services Building-51 Winburn Way-Siskiyou Room CALL TO ORDER - REGULAR MEETING, 6:00 Pm Historic Commissioners Present: Dale Shostrom, Terry Skibby, Keith Swink, Sam Whitford, Tom Giordano, Allison Renwick,Ally Phelps, Kerry Kencairn Commission Members Absent: Sam Whitford Council Liaison: Michael Moms High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Derek Severson; Clerk: Billie Boswell APPROVAL OF MINUTES Ms. Renwick moved to approve the August 3, 2011 minutes as presented and the motion was seconded by Mr. Swink and were approved unanimously. PUBLIC FORUM: None COUNCIL LIAISON REPORT: None NEW BUSINESS: PreApp-440 Normal Av, Temporary Relocation of Fire Station 2-Mike Morrison,Jr.explained that the City wanted to enlarge the door on the Ashland Cemetery office/workspace to accommodate the Fire Department's ambulance while Fire Station 2 is being remodeled. Mr. Skibby confirmed that the building is listed on the National Historic Register. Chairman Shostrom felt the larger door threw the proportions of the building off. Ms. Phelps asked how long the construction would take and if the original design could be restored. Mr. Morrison estimated about 18 months but said a restoration would not be cost effective. He pointed out that the City would be able to utilize the building for some of their larger equipment and would be able to eliminate at least one other out- building. Several Commissioners suggested using flat panels and matching the color of the building to minimize the look of the larger door. There was consensus that the benefit was practical and would not substantially affect the integrity of the 1940's to 1950's building. DISCUSSION: Band Shell color-Mike Morrison,Jr. said the Parks Department wanted to paint the Band Shell and preferred a color other than the current pink color. Previous color chips show it painted a yellow and before that a white color. Consensus of the Parks Commission and Ashland City Band was for a mint green color. The majority of the Historic Commissioners wanted an earth-tone color such as the pale manila color on Walker Elementary School. PUBLIC HEARING: None OLD BUSINESS: A. Historic District Design Standards Revision Project- Derek Severson and Todd Scott. Mr. Scott reviewed with the Commissioners the latest draft detailing the revisions made such as referencing the changes made to conform to the Secretary of Interior standards. The Commissioners suggested that in section 4B#9,the reference to wood shingles be removed. Also the Commissioners agreed to a statement being added that the Downtown District standards would prevail if they conflict with the Historic Development standards. The Commissioners like the shaded areas in the pictured standards. It was suggested that in the section on garage placement that the curb reference should be the same showing the garage behind the house preferably accessed from the side or alley or a driveway to the back if possible. Ashland Historic Commission Minutes 9/29/2011 CITY OF ASHLAND The five Historic Building Briefs were reviewed as follows: Brief No. 1 -Remove the second picture in order to reduce the size to one 2-sided sheet. Brief No. 3-Eliminate the wood shingles as an option on roofing since it is incompatible with Firewise standards in Ashland. Brief No. 4-Add a 2nd-story sample;change picture on second page to be clearer. Brief No. 5-Show pictures of garage doors that include sectional, automated doors. Mr. Severson said the Planning Director would decide when the final draft would go the Council meeting for approval. B. Review Board Schedule September 81h Terry, Keith September 151h Terry, Dale, Kerry September 22nd Terry, Sam,All September 291h Terry,Tom,Allison October 6th Terry, Keith C. Project Assignments for Planning Actions BD-2007-01764 160 Helman Batzer-Comm Bld s)(Recession Extension a rovedj Shostrom/Giordano PA-2007-01939 175 Lithia W y(formerly 165 Lithia Archerd&Dresner-Mixed Use Bldg-(Expired 7125110) Renwick BD-2011-00855 165 W Fork-New SFR on hillside(new owner-Suncrest Hms) (Modification submitted) Swink/Shostrom BD-2011-00436 426 A St(Sidney Brown) Mixed Use Bldg (permitissuedSla-11)) Giordano PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear(No permit yet;expired 8/27/10.) Swink PA-2010-00069 175 N Pioneer Deli Terrell no permit-code corn liance letter written Shostrom BD-2011-01029 400 Allison Robin Biermann New SFR (Ready to issue Whitford/Renwick BD-2011-00820 156 Seventh Annie McIntyre) Issued 7-12-11 Renwick BD-2011-00368 928 C St(92 Eighth St)(Charter ARU issued 7-11-11 Swink BD-2011-01059 260 First St Syken)house to retail sales(appealed-bldg ermit issued 8-25-11 Phelps PA-2011-00244 485 A St Hoxmeier enclosed porch &food truck no permio Giordano BD-2011-01079 134 Terrace Allman) New SFR(Applied-not issued Whitford BD-2011-00621 89 Oak St Amorotico New fa ade on building under construction Shostrom BD-2011-00802 66 Scenic Forsyth Solar Variance issued 7-15-11 Phelps DISCUSSION ITEMS: Gun Club Site Visit-Mike Morrison said to give him at least a 2-week notice to arrange a tour of the Gun Club site, preferably on a Monday or Thursday late morning. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 7:30 p.m. Ashland Historic Commission Minutes 9/29/2011 CITY OF ASHLAND ASHLAND HOUSING COMMISSION DRAFT MINUTES June 22,2011 CALL TO ORDER Vice Chair Richard Billin 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 Ben Scott Barb Barasa Staff Present: Richard Billin Linda Reid, Housing Specialist James Dills Carolyn Schwendener, Account Clerk Commissioners Absent: Jody Waters Regina Ayars, excused APPROVAL OF MINUTES Barasa/Pons m/s to approve the minutes of the April 27", 2011 regular Housing Commission meeting. Voice Vote: All Ayes, minutes were approved as presented. . Dills/Barasa m/s to approve the minutes of the May 25'"' 2011 Housing Commission meeting. Voice Vote: All Ayes, minutes were approved as presented. PUBLIC FORUM No one spoke PEDESTRIAN PLACES PROJECT Brandon Goldman, City Senior Planner, gave a presentation of the Transportation System Plan that Pubic Works is currently working on. Goldman wanted to update the Housing Commission on how this project could impact Housing. The overall objectives of the project is to promote higher transit use as well as provide alternative means of transportation looking at specific projects for enhancing the Transportation System City wide. Goldman explained that a Pedestrian Place is defined as a location in which you can live and work, where there is a concentration of pedestrian activity and where people generally congregate. These places are generally located at areas where transit is available allowing people to get around without a car. The three pedestrian connections the Transportation Commission is looking at are; • Walker Avenue and Ashland Street Tolman Creek Road and Ashland Street N. Mountain Avenue and E. Main Street The Planning Department is looking at this plan in a broader way. How can these parcels be developed and how will this fit into Housing. 1 MANUFACTURED DWELLINGS AND PARKS Goldman was available as a resource to answer any Planning questions that the Commissioners might have regarding the current Land Use Code for Manufactured Homes. There are two different areas to look at regarding Manufactured Dwellings. Manufactured homes that sit on individual lots in an R-2 and R-3 Multi-family Zone are permitted though subject to some criteria such as size, materials, skirting around the base, potential for dormers, pitch of roof, garage etc. The Ordinance also discusses putting the homes on property that is in relatively level zones and compatible with neighborhood Single Family Homes. Manufactured Homes are not permitted in Historic Districts and must meet State Building Codes. The other land use Code pertaining to Manufactured Homes addresses the creation of new Manufactured Home Parks. A subdivision where multiple units are constructed on one parent parcel are required to go through an outline plan review approval that eventually gets reviewed by the Planning Commission. The Commissioners wondered if it would be feasible to use the remaining Clay Street property for affordable Manufactured Homes. The main issue with this is density. It would make more sense to build two story units which would accomplish more units per acre then Manufactured Homes could. CLAY STREET OPTIONS AND RECOMMENDATION TO THE COUNCIL Reid said the staff is looking for a recommendation from the Housing Commission from the list below or a new one that the Commission would like to make. • Land bank, keep it until such time that the market turns around and the City could sell it. • Sell the land for Market Value • Solicit a proposal for an affordable/mixed-income development. Goldman acknowledged at the last Planning Commission meeting Groundworks, formerly RVCDC, withdrew their application for the development of the 14,000 square foot property at the end of Chitwood Lane. The project was going to be five affordable Housing units in which the Housing Commission initially recommended through a Request for Qualification process (RFQ). The decision to not move forward was due to a number of reasons; contentious planning application process with the surrounding neighborhood and appraisal value just to name two. Basically the price Groundworks would pay to build the units is higher then the appraised value of the finished units. Groundworks Board Members made the decision to focus on existing developments to make sure they go forward with those projects. They did not want the responsibility of the Chitwood property along with the current projects which have already exceeded budget. The Commissioners discussed the process of issuing an RFP. Since there are a limited number of affordable Housing providers it was suggested to contact each possible applicant before issuing an RFP to confirm they are not too busy to take on another project. Barasa/Pons m/s to issue a Request for Proposal to City Council for the Chitwood property. After a discussion the Commissioners made an amendment to the motion. Billin/Barasa m/s that the Commission issue a Request for Proposal for the Chitwood Property with the perimeters that they be ownership or rental units at 120 and below AML Voice Vote: All Ayes, motion passed unanimously. ScotUDill m/s that the Commission issue a RFP for the Clay Street Property with the same parameters as the Chitwood proposal. Voice Vote: All Ayes, motion passed unanimously. REPORTS AND UPDATES Liaison Reports Council— Morris reported that Council is still working on the Budget and Land Use appeals. 2 J Parks—No report School Board—No reports Planning — The next Planning Commission meeting will be a joint meeting with the Transportation Commission and RVTD to discuss different modes of transportation, shuttles, express routes, rail, cable cars, etc. Transportation—No report SOU- No report Staff— Reid reported that today was Project Homeless Connect. Though quite a few less attended then last year it was considered successful. About 270 people were served. Reid said all went well and expected television news coverage this evening as well as an article in today's paper. The organizers did purchase bus passes to give out but pets are not allowed on RVTD busses which may have created a problem for some attendees. Ashland Community Land Trust will be having their ribbon cutting ceremony for the Bridge Street project next week and everyone is invited to attend. It was suggested to add a section on the agenda for Commissioner announcements. Scott made an announcement about a project called Clean Energy Works Oregon. It was started in the Portland area as a low cost loan program to help people with energy efficiency upgrades such as windows and insulation. The program offers cash rebates ahead of time with no fees, closing costs or deposits. In our area it is financed through Southern Oregon Credit Union. JUNE 22, 2011 MEETING AGENDA ITEMS Barasa will bring the letter she wrote regarding vulnerable properties to the next meeting for review and approval. Dills has prepared a rough draft for the Housing Trust Fund and will email it to the Commissioners Goldman might be available to speak about the Buildable Lands Inventory preliminary draft. Quorum Check—Billin will be gone UPCOMING EVENTS AND MEETINGS Homeless Task Force Meeting—July 19, 2011: 10:30-12:00 Housing Authority Conference Room 2231, Table Rock Rd, Medford Next Housing Commission Regular Meeting 4:30-6:30 PM; July 27, 2011, Council Chambers, 1175 East Main Street ADJOURNMENT-The meeting was adjourned at 6:25 p.m. Respectfully submitted by Carolyn Schwendener 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES September 13,2011 CALL TO ORDER Vice Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Maria Harris,Planning Manager Eric Heesacker Brandon Goldman,Senior Planner Debbie Miller April Lucas,Administrative Supervisor Melanie Mindlin Absent Members: Council Liaison: Pam Marsh Russ Silbiger,absent Mick Church CONSENT AGENDA A. Approval of Minutes. 1. August 9,2011 Regular Meeting. 2. August 23,2011 Special Meeting. 3. August 23,2011 Study Session. Commissioners Miller/Dawkins m/s to approve the minutes for the August 9,2011 Regular Meeting and August 23,2011 Special Meeting.Voice Vote:all AYES. Motion passed 4-0. Commissioner Mindlin noted a correction request was received from Colin Swales regarding the public testimony he provided at the August 23,2011 Study Session. Commissioners MillerlHeesacker m/s to approve the minutes for the August 23,2011 Study Session with the following sentence added to Mr.Swales'testimony: "Swales stated there is already plenty of R-2 and R-3 land within the City that is underdeveloped(often a single family home on a large lot). No rezoning is required or needed"Voice Vote on minutes as amended: all AYES.Motion passed 4.0. PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARINGS A. PLANNING ACTION:#2011.01001 APPLICANT:City of Ashland DESCRIPTION:Application for approval of an ordinance amending the City of Ashland Comprehensive Plan to adopt the Buildable Lands Inventory(2011)as a supporting technical document to be included in the Comprehensive Plan Appendix entitled"Technical Report and Supporting Documents". Senior Planner Brandon Goldman stated the Buildable Lands Inventory is a technical document that delineates the land within the city limits and urban growth boundary that has development potential, and provided a brief explanation of how these numbers are determined. Mr.Goldman added following the August 23rd Study Session,staff went back and took a second look at historic district properties over 6,500 sq.ft. in size and determined there were 26 additional properties that could accommodate further development. He stated staff has adjusted these figures in the proposed Buildable Lands Inventory accordingly. Ashland Planning CoromJssiai September 13, 2011 Page 1 of 3 Commissioner Dawkins commented on rezoning the north side of Lithia Way and asked what they would need to do to covert this area to high density residential. Mr.Goldman stated the City is nearing completion of the Housing Needs Analysis,which will provide data on what housing types are needed over the next 20-40 years.He stated once they have this data they could hold an informed discussion on whether additional high density residential land is needed. Public Testimony Colin Swalesl143 Eighth Street/Commented on the Buildable Lands Inventory being used as a justification for annexation when there is not a real need. He commented on residential being looked at more holistically;and also stated some of the so-called buildable land is physically constrained and not really developable. Lastly, he noted the assessed values in Jackson County had been trending upward, however the newest assessment coming out this fall shows 25%of Jackson County properties have a real market value less than the assessed value,and questioned how this will impact the BLI's determination of redevelopable land. Commissioner Mindlin closed the public hearing at 7:30 p.m. Deliberations&Decisions Mr.Goldman commented on the concern expressed in public testimony regarding the redevelopable calculation.He agreed that using assessed values can fluctuate the figures wildly,which is why Ashland uses a partially-vacant calculation instead. He clarified instead of an assessment based on value,Ashland uses an assessment based on zoning and how much of the land is buildable. Mr.Goldman also clarified staff did subtract out steep slopes and floodplains in order to get the most accurate numbers possible. Support was voiced for adopting the Buildable Lands Inventory as presented. Commissioners Dawkins/Miller m/s to approve PA#2011-01001.Roll Call Vote:Commissioners Dawkins, Heesacker,Miller and Mindlin,YES. Motion passed 4.0. DISCUSSION ITEMS A. Revisions to the Development Standards for Wireless Communication Facilities. Planning Manager Maria Harris stated this is a continuation of their agenda item from the last meeting and no new information has been presented. Jim Fong/759 Leonard Street and Rod Newton/1196 Timberline Terrace addressed the Commission and presented the following questions and suggestions regarding the proposed ordinance changes: • AMC 18.72.180.B:Asked what changes were made to the applicability chart; what the difference between the three categories are;and whether all wireless installations could be required to go through a CUP process regardless of the zone. • AMC 18.72.180.D(1.e):Asked for clarification on whether wireless facilities are allowed in residential zones. • AMC 18.72.180.D(2.a): Requested language be added to subsection(i)that clarifies a"significant service gap"exists when the City fails to meet its legal requirements under the 1996 Telecommunications Act. Mr. Fong clarified the City should better define"infeasible", and stated the City is required to make services available but they are not required to accommodate every provider's individual service needs. In regards to subsection(iii),they asked that language be added that clarifies it must not be physically possible to add to an existing structure(not that there are no limitations, but that those limitations cannot be overcome).And regarding subsection (v),asked that language be added that elaborates that some interference obstruction can occur as long as the City can meet its requirements under the 1996 law. Mr. Fong concluded their testimony by asking the Planning Commission to include a recommendation for an independent technical analysis fee with their recommendation to the City Council. Ms.Harris clarified no changes were made to the applicability table; in terms of flow staff felt it was better to move it to its proposed location. She added this chart has been in the ordinance since it was originally adopted and explained what the three table headings meant. Regarding 18.72.180.D(1.e), Ms. Harris stated this is not new language and clarified wireless facilities are allowed in residential zones if they are attached to existing structures, but the structure has to be over 45 ft in height.She added the maximum building height in a residential zone is 35 ft; and this language could allow for facilities on structures such as the university or high school's stadium light towers. Ashland Planning Commission September 13, 2011 Page 2 of 3 Ms.Harris explained staffs intention was to incorporate the Council's decision but not change the other existing language in the ordinance. She stated the language in 18.72.180.D(2.a) is mostly new,and stated staff can look into the suggestions about tying this to the standards in the Federal Communications Act. Mr. Newton recommended the City also look into what it means to have coverage in an area and to seek legal guidance on whether they are required to accommodate a company's desire for higher levels of data reception. The Commission voiced support for looking into whether the City is required to allow every provider to have coverage within the City, and whether cellular telephone service constitutes coverage,or if they need to accommodate data streaming. B. Pedestrian Places Proposed Code Amendments. Ms. Harris noted staff provided an update on this item at their last meeting and stated this is the Commission's opportunity to discuss any outstanding issues before this comes back as a public hearing. Colin Swales/1143 Eighth Street/Questioned why these code amendments would go before the Council separate from the TSP update. Mr. Swales also commented on the arterial setback requirements and voiced concern with some of the wording. He stated he does not believe it is un-conducive to pedestrian places to have small plazas on the street. He stated there is no public plaza space requirement in the ordinance and expressed concern with all new buildings being built to the minimum setback. Ms.Harris clarified the Pedestrian Places project is a subset of the TSP Update. She explained Planning staff had submitted a separate grant application for this project; however the State contacted the City and agreed to fold this into the TSP Update in order to receive the grant award. She stated it was always conceived as a separate project,and Public Works and the consultants have no problems with moving this ahead since the land use changes proposed do not impact how the main street network functions. Ms. Harris also clarified there is a public patio space requirement for large scale projects and this is an existing requirement in the detail site review zone. She commented on providing some flexibility in the code on where to locate that space and stated sometimes a plaza off the side street or on the side of a building is more desirable and conducive to a functioning pedestrian place; and commented on allowing the design professionals to design a plaza space that works for that particular building and location. Correction was noted to 18.56.040.E(3)and E(4).Staff clarified these two items should have been combined and indicated this would be corrected. UPDATE A. Grant Application for Unified Land Use Ordinance. Ms. Harris announced the City Council has authorized staff to apply for a Technical Assistance Grant to create a unified land use ordinance. She stated creating a more user-friendly land use code was a recommendation of the Siegel Report,and if awarded this project would: 1)incorporate the various standards documents into the land use code, 2)make the code more approachable by improving the organization,formatting and graphics, 3)integrate a form-based approach where feasible,and 4)incorporate some of the green code updates. She clarified this project is not focused on policy changes, but rather repackaging the land use code to make it more user friendly. Colin Swales/143 Eighth Street/Stated the first stage of the Siegel recommendation resulted in major changes to the code and slated the idea of streamlining the code worries him. He gave examples of previous streamlining that caused problems and recommended they not tinker with the code if it is working. Mr. Swales also spoke to the Commission quorum issue that has come up at recent City Council meetings and stated it is worrisome when major issues are decided by so few people. ADJOURNMENT Meeting adjourned at 9:00 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission September 13, 2011 Page 3 of 3 CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: October 18, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christebnaashland.or.us Secondary Dept.: None Secondary Contact: � None Approval: Martha Bennet Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from John Bohn dba Northwest Pizza at 1585 Siskiyou Blvd? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in ownership. The City has detenmined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I IA, CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: October 18, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb@ashland.or.us ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Berm Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Xiao Yu dba Panda Garden at 1747 Ashland Street. Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page 1 of I PEA, CITY OF -ASHLAND Council Communication Ratification of Successor Labor Contract with the IBEW Electrical Union Local No. 659 Meeting Date: October 18, 2011 Primary Staff Contact: Tina Gray Department: Administration/HR E-Mail: tina @ashland.or.us Secondary Dept.: Administrative Serv, es Secondary Contact: Lee Tuneberg Approval: Martha Bennet Estimated Time: Consent Question: Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the IBEW Electrical Union Local No. 659? Staff Recommendation: Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor contract, ratifying the tentative agreements reached in negotiations. Background: The current labor contract with the IBEW Electrical Union expired on June 30, 2011. The City reached tentative agreement with this bargaining group after successful Mediation with State appointed Mediator, Janet Gillman. The tentative agreements reached are outlined below. Year 1: _ • 2% Cost-of-Living Adjustment (COLA) for all job classifications in the bargaining unit. • An additional I% City contribution into employee HRA-VEBA accounts, 2%total employer contribution, consistent with other bargaining units of the City. Year 2: • 2.5% COLA for all job classifications in the bargaining unit. If the CPI-W is 3.5% or greater, the City and union agree to re-open the contract to negotiate the amount of wage adjustment. Year 3: • 2.75% COLA for all job classifications in the bargaining unit. If the CPI-W is 3.5% or greater, the City and union agree to re-open the contract to negotiate the amount of wage adjustment. • The union also agrees to a contract re-opener at the City's request regarding the cost-share arrangement on healthcare in the final year of the contract. Fiscal Impact: The total fiscal impact in year one for implementation of the Classification.and Compensation Study salary recommendations and additional I% HRA-VEBA contributions will be approximately $39,729. The City did not budget for this increase so this amount will have to be absorbed into the Electric and Page] of 2 11FALI, CITY OF ASHLAND AFN Budgets. Currently there are salary savings from vacant positions which will offset the fiscal impact in Year 1. We will include the cost projections for years 2 and 3 into the budget process based on the CPI, and where employees are in their salary range at that time. Related City Policies: None. Council Options: Approve the IBEW Electrical Labor Agreement as presented. Delay approval of the Labor Agreement and provide staff new direction. Potential Motions: Move approval of the labor agreement between the City of Ashland and the IBEW Electrical Union and authorize the City Administrator and Mayor to sign the labor contracts, ratifying the tentative agreements reached in negotiations Attachments: None. Page 2 of 2 ��, CITY OF ASHLAND Council Communication Approval of a Contract Amendment — Professional Recruitment Services Meeting Date: October 18, 2011 Primary Staff Contact: Tina Gray Department: Administration E-Mail: gravt@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne e Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve a contract amendment exceeding 25% of the original contract amount to modify the scope of services and exercise the triple guarantee clause in the original contract for professional recruitment services for a not to exceed amount of$15,000? Staff Recommendation: Staff recommends that the contract amendment be approved. Background: The scope of services is modified to-exercise the triple guarantee clause in the original contract (for the recruitment of an IT Director) which allows for another executive search at a reduced fee which is intended for the position Assistant City Administrator. This contract amendment for a "not to exceed amount of$15,000.00" exceeds 25% of the original contract amount of$25.000.00, and therefore requires Council approval. Related City Policies: OAR 137-047-0270 Intermediate Procurements (3)Amendments. A Contracting Agency may amend a Contract Awarded as an Intermediate Procurement in accordance with OAR 137-047-0800, but the cumulative amendments shall not increase the total Contract Price to a sum that is greater than twenty-five percent (25%) of the original Contract Price. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Contract Amendment. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the Contract Amendment. Attachments: Contract Amendment Page I of I ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PROFESSIONAL RECRUITMENT SERVICES Addendum made this 3rd day of October , 2011, between the City of Ashland ("City") and Waters Consulting Group ("Consultant"). Recitals: A. On August 18, 2009 City and Consultant entered into a "City of Ashland Contract for Professional Recruitment Services" (further referred to in this addendum as "the agreement'). B. The parties desire to amend the agreement to modify the project, increase the compensation to be paid to the-consultant and extend the date of completion City and Consultant agree to amend the agreement in the following manner: 1. The scope of services is modified to exercise the triple guarantee clause in the original contract (for the Recruitment of an IT Director) which allows for another executive search at a reduced fee intended for the position of Assistant City Administrator. 2. The reduced fee for this executive service is not to exceed$15,000.00. 3. The date for completion is extended to May 31, 2012. 4. Except as modified above the terms of the agreement shall remain in full force and effect. CONSULTANT: CITY OF ASHLAND: BY BY Department Head Its Date DATE Purchase Order t! Acct. No.: (For City purposes only) 1-CITY OF ASHLAND,ADDENDUM TO CONTRACT FOR PROFESSIONAL RECRUITMENT SERVICES CITY OF -ASH LAN D Council Communication Confirmation of Mayoral Appointment of an Interim Assistant City Administrator Meeting Date: October 18, 2011 Primary Staff Contact: Mayor Stromberg Department: Office of the Mayor E-Mail: john @council.ashland.or.us Secondary Dept.: Administration Secondary Contact: Martha Bennett Approval: Martha Benne Estimated Time: Consent Question: JIV Does the Council wish to confirm the appointment of Larry Patterson as Interim City Administrator? Staff Recommendation: Mayor Stromberg recommends that Council confirm the Appointment of Larry Patterson as Interim City Administrator Background: Since the Council first became aware of Martha Bennett's resignation, they have been networking and searching for someone who could serve as Interim City Administrator for the next 4-6 months while the City conducts a national search for City Administrator. Several Elected Officials and City staff had the opportunity to meet Larry Patterson while attending the League of Oregon Cities Conference. They were so impressed,with his grasp of issues facing City government; he was invited to Ashland for a formal interview and selection process with the Mayor and City Council. Larry was ultimately selected for appointment because of his extensive experience in Public Administration. Larry comes to Ashland after a 35-year career in municipal government which has spanned 5 cities in two different states. He has served in the role of City Manager for over 22 years, in Cities ranging in population size from 20,000 to 60,000. Larry's municipal management experience in Oregon includes 14 years as the City Manager of Bend, and up until April of 2010, he served as the City Manager for Oregon City for 7 years before retiring. The depth of experience Larry has working with Elected Officials and City Staff on complex issues has prepared him for a successful appointment as interim City Administrator in Ashland. While Larry is not interested in the job long-term, his collaborative management style will provide continuity of leadership to the community and City organization as we search nationally for a successor City Administrator. Larry is looking forward to the opportunity to serve the Citizens of Ashland and will be available to begin work immediately upon confirmation of his appointment as Interim City Administrator. Related City Policies: None. Council Options: Council could confirm the appointment of Larry Patterson as Interim City Administrator. Page I of 2 CITY OF -ASH LAN D Council could defer the appointment of an Interim City Administrator awaiting further information. Potential Motions: Move to appoint Larry Patterson as Interim City Administrator for the City of Ashland. Attachments: Employment Agreement for Interim City Administrator. Page 2 of 2 �r, CITY OF ASHLAND Employment Agreement Interim City Administrator THIS AGREEMENT made and entered into this _m day of October 2011, by and between the City of Ashland ("City") and Larry Patterson ("Employee"). RECITALS: A. City desires to employ the services of Employee as Interim City Administrator of the City of Ashland and establish certain conditions of employment for Employee; and B. City desires to (1) retain the services of Employee and to provide inducement for Employee to remain in such employment until the City employs a permanent City Administrator (2) make possible full work productivity by assuring Employee's morale and peace of mind with respect to financial security; and (3) provide a just means for terminating Employee's services when City determines Employees's services are no longer needed or in the event Employee is unable fully to discharge Employee's duties; and C. Employee desires to accept employment as Interim City Administrator of Ashland. City and Employee agree as follows: Section 1. Duties. City hereby agrees to employ Larry Patterson as its Interim City Administrator to perform the functions and duties specified in the job description for the position, and to perform such other legally permissible and proper duties and functions as the Mayor and City Council shall from time to time assign. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of City to terminate the services of the Interim City Administrator at any time, with or without prior notice of termination, subject only to the provisions set forth in this agreement. Page- 1 B. Employee agrees to remain in the employ of City until a successor City Administrator is appointed into the regular FIT position, which is anticipated to be between March 1 and April 30 of 2012, and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. If for any reason City does not appoint a successor City Administrator prior to April 30, 2012, City and Employee will negotiate a revised anticipated termination date. C. In the event City does not give Employee written notice of of termination of this agreement at least thirty (30) days prior to the termination date, City will pay the balance of Employee's rental housing costs for up to 30 days after the employment terminates, up to a maximum of $2,000. D. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall give the City three weeks must be prior written notice of such resignation, unless such notice is waived by the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to Employee's successor. Section 3. Compensation. A. City agrees to pay Employee a total monthly salary of $12,527/ month which equates to the second step in the salary range for City Administrator ($10,022/month), plus a cash payment of 25% ($2,505) added to salary in lieu of health benefits and retirement contributions. Salary shall be pro-rated for any partial month worked. B. City agrees to pay Employee a rental housing allowance of up to $2,000.00 per month for the term of this agreement, The allowance will be for the actual cost of the rental housing, including rent and utilities. Employee will provide documentation to the City of the actual monthly amount. Section 4. Automobile Allowance. Employee's duties require that Employee shall have the exclusive use at all times during employment with the City of an automobile to carry out the business of the City. City shall provide an automobile allowance of $350/month to allow the employee to use his own personal vehicle for City business. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of his personal vehicle. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end Employee will be allowed to take compensatory time off as Employee shall deem appropriate during normal office hours, so long as the business of the City is not adversely affected. The City recognizes, too, that, as a temporary employee, Employee will not accrue vacation and sick leave. Accordingly, so long as the business of the City is not Page-2 adversely affected, Employee may take reasonable amounts of time away from the City during the period of his employment to address personal business or in the event of illness. Section 6. Tools and Equipment. City agrees to provide the tools and equipment necessary for the Employee to efficiently perform his duties. Section 7. Severability. If any part, term, or provision of this agreement is determined by a competent court of law to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Dated this of 2011. Barbara Christensen, City Recorder John Stromberg, Mayor Accepted this day of 2011. Larry Patterson Page-3 CITY OF ASHLAND Council Communication Economic Development Implementation Plan — Quarterly Update Meeting Date: October 18, 2011 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm @ashland.or.us Secondary Dept.: None Department Secondary Contact: Bill Molnar Approval: Martha Berm ep}� � Estimated Time: Consent Question: Does the Council have any questions regarding the first quarterly update on the implementation of the Economic Development Strategy? Staff Recommendation: Staff recommends Council review and accept the quarterly Economic Development Strategy implementation update. Background: The Economic Development Strategy was approved by Council on July 19, 2011. As part of the adoption, Council directed Staff to provide quarterly updates on the implementation of the Strategy, particularly in regards to the listed "priority one" action items, which include: 1) Conduct a Business Retention & Expansion Survey 2) Designate City Staff"point of contact' 3) Formalize relationships and roles for Strategy implementation among major partners 4) Maximize impact of existing City Economic Development, Cultural and Sustainability grant process 5) Evaluate the use of Urban Renewal Districts 6) Improve the land use development process The attached report provides a description of the work to date on each of the six priority one actions. Related City Policies: 2011-12 City Council Goals - Economy 1) Adoption and Implementation of an Economic Development Strategy 2) Complete feasibility study for urban renewal/tax increment financing 3) Increase clarity, responsiveness and certainty of the land use development process Council Options: 1) Accept the quarterly update as presented. 2) Remove from the consent agenda to discuss, question staff and/or give direction. Potential Motions: N/A — Consent Page 1 of 2 1�, CITY OF -ASHLAND Attachments: Economic Development Strategy— Quarterly Implementation Plan Update, Oct 2011 Economic Development Strategy— Implementation Priority Plan & Schedule * Complete Economic Development Strategy document is available at: http://www.ashland.or.us/files/Ashland Economic DevelopmentStrateey Final.pdf Page 2 of 2 CITY OF ASHLAND Quarterly Update October 2011 In conjunction with the adoption of the Economic Development Strategy in July of 2011, the Council requested implementation updates on a quarterly basis as the project moves from strategy development and adoption to active implementation. The implementation plan contained the six "priority one" action items: 1) Conduct a Business Retention & Expansion Survey 2) Designate City Staff "point of contact" 3) Formalize relationships and roles for Strategy implementation among major partners 4) Maximize impact of existing City Economic Development, Cultural and Sustainability grant process 5) Evaluate the use of Urban Renewal Districts 6) Improve the land use development process 1) Conduct a Business Retention & Expansion Survey On June 28, 2011, the City Council approved a supplemental contract in addition to the annual Visitor & Convention Bureau services agreement between the City and the Chamber to conduct a Business Retention & Expansion (B, R & E) Survey. The survey will be targeted to local businesses that meet business attributes and profile established in the Strategy. The survey results will be used to further define and prioritize follow up actions, activities and programs to support the stability and growth of the local economy. The Chamber has begun preparation activities and anticipates the following schedule with a final report and presentation to Council in June of 2012. Business Retention&Expansion Survey Timeline Production and distribution of training materials September 2011 Leadership/Task Force Teams formed and trained Recruitment, training and coordination of task for members Independent Researcher selected (consultant) Development of survey questions October 2011 Task Force selects firms interviewers Recruitment/training of firm interviewers Econo 1l1C DEVELOPMENT STRATEGY Enhancing economic strength in community Selection/scheduling of firms to interview November—January 2011-12 Conduct interviews Finalize interviews February—May 2012 Computerize/analyze survey results Draft survey report—Task Force review June 2012 Present final report to Council As detailed in the contract, City staff will be a member of both the Leadership Team and Task Force and will participate in the selection of the research consultant, interview question development and firms to be interviewed. 2) Designate City Staff "point of contact' With the completion of the Economic Development Strategy, the Council made specific allocations for the $150,000 approved and reserved by the Citizen Budget Committee for Economic Development Program activities. Within this allocation was $20,000 to fund staff time expense relating to internal and external coordination efforts for Strategy implementation in the 2011-12 fiscal year. This $20,000 allocation will be utilitized in the Community Development Department budget with initial "point of contact' activities being assigned to the Community Development Director, Bill Molnar. Depending on the response and actions required, some of the activities will be distributed to other staff within Community Development at the discretion of the Director. 3) Formalize relationships and roles for Strategy implementation among major partners Limited activity has occurred to date on this action. City staff will be developing a work plan and schedule to implement this action over the next three months and will include it in the February quarterly update. 4) Maximize impact of existing City Economic Development, Cultural and Sustainability grant process Staff will be presenting Council with a draft Economic Development, Cultural and Sustainability Grant Policy, Process and Standards document at the October 18, 2011 Council meeting. The document attempts to more closely align the grant criteria to the Economic Development Strategy, while also improving the overall process and reporting requirements. Depending on Council response to the draft, new standards, criteria and process could be in place for the FY 2012-13 grant allocation process. 5) Evaluate the use of Urban Renewal Districts One of the adopted goals of the City Council is to conduct a feasibility study for urban renewal and tax increment financing as a method for funding infrastructure, public facilities, and III'"' EConoMiC DEVELOPMENT STRATEGY Enhancing economic strength in community economic development programs for the Croman Mill District, the Railroad District, and the Downtown area. Accordingly, the Community Development Department in light of the Council Goal and as a follow up step to the adoption of the Croman Mill Master Plan, obtained a consultant Council has had several study sessions to track the progress of the feasibility study. Staff is currently following up a several questions that have come out of the July study session. Additionally, besides tax increment financing, other means of paying for significant infrastructure projects could be presented to Council for consideration. After the results of the feasibility study are presented, Council can then determine what methods of infrastructure financing seem most appropriate, given future infrastructure needs, and whether to move forward with the development of an Urban Renewal Plan that would provide the legal structure, plan area boundaries, eligible projects and maximum indebtedness of the plan. 6) Improve the Land Use Development Process The Community Development Department continues to build upon the work completed in the 2006 Organizational Audit, by Zucker Systems, as well as initiate the next phase of recommendations contained in the Siegel Report —developmenfof a unified land use code. In July through August 2011, staff identified recommendations of the 2007 Organizational Audit that have been completed, recommendations that were no longer relevant(i.e. suggested increases in planning staff) and a list of the remaining priorities to be implemented over the next several months. Staff will present the list of remaining priorities identified in the audit for implementation at a future council meeting. Additionally, approximately a dozen Oregon municipalities responded to a questionnaire staff developed to ascertain information about how other similar communities managed internal coordination of development services. Some of the questionnaire findings will be implemented to improve communication and create better coordination amongst the several city departments that play a role in the development review and permitting process. As recommended in the Land Use Ordinance Review by Siegel Planning Services, LLC in 2006, city staff is moving ahead with efforts to improve Ashland's Land Use Code's construction, organization, format and graphics by integrating Chapter 18 and all subsequent amendments into one seamless document. On September 6, 2011, the Community Development Department received approval for the Council to apply for a Technical Assistance Grant to assist in the production of a unified land use ordinance. If the department is unsuccessful in its grant request, completion of the unified land use ordinance will be completed using existing staff resources. Econo is DEVELOPMENT STRATEGY Enhancing economic strength in community A. Implementation Priority Priority 1 Actions 16 Total) 1.1 Conduct a targeted Business Chamber,City Chamber Econ Dev Contract Retention and Expansion(B,R&E) survey 12 Designate City Staff"point of q City City Econ Dev budget contact'for economic development needs/projects/interactions (staff time) 2.1 Formalize relationships and roles BizOR,Chamber,City, City/SOREDI Econ Dev budget for Ashland specific strategy JackCo,SOREDI,SOU, (staff time) implementation among major partners RCC,SBDC,THRIVE 3.1 Maximize impact of existing City City,Chamber,Grant City Econ Dev budget Economic Development/Cultural Recipients,OSF Grants Process (staff time) 6.1 Evaluate the use of Urban Renewal q - City City Comm Dev/Econ Dev Districts to spur private reinvestment in 1 budget targeted commercial and employment areas of Ashland(in progress) (Contract+Staff time) 7.1 Improve the Land Use .1 city City Comm Dev budget Development Process I (Staff time) Conduct Annual Review and Update of q City City Comm Dev/Econ Dev Strategy document and Implementation I budget actions and schedules (staff time) This action was added by City Council at adoption hearing on July 19'h, 2010. See Reporting Section (pg.24)for details. Priority 2 Actions(17 Total) 1.3 Increase opportunities for local n Chamber,City,SOU, THRIVE Econ Dev Grant or import substitution and local to local G THRIVE contract purchasing 1.4 Create/Expand a local business Chamber,City, SOU/RCC- TBD resource &mentoring program SOU/RCC-SBDC SBDC 2.2 Create formal and routine BizOR,Chamber,City, City/SOREDI Econ Dev budget communication with all regional JackCo,SOREDI,SOU, economic development partners RCC,SBDC,THRIVE (staff time) ECOIIoMiC DEVELOPMENT STRATEGY Page 26 of 42 III $:I tl tl rl Clay r,�l,Oiy;!iY' SUPR{/.!,I tr1 r„'rl irl e�t7 rli( 3.2 Create opportunifies for increased City,Chamber,SOREDI Chamber Econ Dev budget local access to funds (staff time) 3.4 Create a coordinated economic BizOR,Chamber,City, Chamber/City Econ Dev/Admin development information and SOREDI,SOU/RCC budget(staff time) marketing plan to maximize public communication tools 4.1 Develop/expand programs to - ASD,SOU/RCC, ASD/Job Econ Dev budget connect local education partners with Chamber,Job Council, Council (staff time) business community for experience SOREDI,City and exposure to entrepreneurship, business development 8 operations 4.2 Develop,promote, and expand job Chamber,City,Job Chamber/Job Econ Dev Grant or training programs to meet skill needs Council,SOREDI Council contract identified by local business 5.1 Maximize City funded marketing 2 Chamber,City Chamber Econ Dev Grant or efforts targeted for'year-round'tourism contract 5.2 Determine market feasibility for a n Chamber,City,OSF, City Econ Dev budget convention/community center - G SOU (Staff time+contract) 5.3 Develop a capital improvement City City City budget plan and maintenance strategy for the (Staff time+contract) Plaza and downtown 6.2 Complete and maintain publicly n - City city PW budget accessible real-time online buildable G (Staff time) lands inventory 6.3 Complete transportation and utility City City CIP budget service connections to all commercial and industrial lands in the City limits (Staff time+Contract) and UGB 6.4 Pursue the expansion of a State E- n BizOR,Chamber,City, City/SOREDI Econ Dev/Admin Commerce Zone for Ashland G JackCo,SOREDI budget(Staff time) 7.2 Create incentives for development City City Comm Dev budget applications that meet certain pre- (Staff time) defined economic development eligibility criteria 7.3 Consider changes to Land Use City City Comm Dev budget Development Code that may be (Staff time) inhibiting redevelopment or new construction 7.4 Update the Economy Element of City City Comm Dev/Econ Dev the Comprehensive Plan budget(Staff time) Economic DEVELOPMENT STRATEGY Page 270f 42 frihUrll'lrlg r!rniC:,;iC iUfriy{h Ir';IipiaalurNly 7.5 Provide public access to City City PW budget development related data sets(GIS Mapping) (Staff time) Priority 3 Actions(a Total) 1.5 Assist local businesses in energy, City,Recology,Parks City Conservation Budget water,waste,supply chain reductions &Rec,DEQ,Avista (Staff time) and efficiencies 1.6 Determine feasibility/demand for BizOR,Chamber,City, Chamber/SOU TBD local business assistance and support SOREDI,SBDC,RCC, office SOU 6.5 Evaluate land availability for City City Comm Dev budget business expansion on lands on or (Staff time) adjacent to existing businesses 6.6 Determine feasibility and Econ Dev/Admin cost/benefit for public purchase of key budget industrial lands to make"shovel ready" City City 9 for re-sale for business development (Staff time) 6.7 Complete and maintain real-time 3 Chamber,City, City/Chamber Econ Dev Grant or commercial occupancy data SOREDI,Private contract (availability,price,contacts,etc.) 7.6 Integrate existing sustainable City City Comm Dev budget development concepts&practices into (stag time) development standards 7.7 Create and define quantifiable q City City Grant or contract community"Quality of Life"indicators J to measure economic development strategy success,both monetary and non-monetary 7.8 Develop and Implement a Fayade Chamber,City City Eton Dev/Admin Improvement Program budget(Staff time) EConorniC DEVELOPMENT STRATEGY Page 28 of 42 /// F!I,Iitrll'IgQ rlrir5!yn!It; til? r2g.!h Ii; (?)hlalitrli{ 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 0, Phase I . - ! rr 1.1 Conduct Business Retention and Expansion(B,R&E)Surveys 1.4 Create/Expand a local business resource & mentoring program 3.2 Create opportunities for increased local access to funds 3.3 Create a coordinated economic development information and marketing plan to maximize public communication 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 training programs to meet skill needs identified by local business 1.2 Designate City Staff"point of contact"for economic development needs/projects interactions rrrlll 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners 2.2 Create formal and routine communication with all regional economic development partners 1.6 Determine feasibility and demand for local business assistance and support office 3.1 Maximize impact of existing City Economic Development/Cultural Grants Process 6.1 Evaluate the use of Urban Renewal Districts to spur private reinvestment in targeted commercial and employment areas of Ashland (in progress) Econo IIC DEVELOPMENT STRATEGY Page 29 of 42 ' c U e R3h.`'� u; Y,p m rsl tr r1 iCy 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 7.8 Develop and Implement a Facade Improvement Program 7.1 Improve the Land Use Development Process 7.2 Create incentives for development applications that meet certain pre-defined economic development eligibility criteria 7.3 Consider changes to Land Use Development Code that may be inhibiting redevelopment or new construction 7.4 Update the Economy Element of the Comprehensive Plan 7.6 Integrate existing sustainable development concepts 8 practices into development standards 1 Actions 1161fir-UP/Dependent I Actions 1 , 1.3 Increase opportunities for local import substitution and local to local purchasing 5.1 Maximize City funded marketing efforts targeted for year-round" tourism 5.2 Determine market feasibility for a convention/community center 5.3 Develop a capital improvement plan and maintenance strategy for the Plaza and downtown 6.2 Complete and maintain publicly accessible real-lime online buildable lands inventory • 6.3 Complete transportation and utility service connections to all commercial and industrial lands in the City limits and UGB EconorniC DEVELOPMENT STRATEGY Page 30 of 42 r`:1hooGirlS, r'r_gr�?,+.i:ai sUcj2y; l lit CVal rll it rli;:i 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses 6.6 Determine feasibility and cesUbeneft for public purchase of key industrial lands to make"shovel ready"for re-sale for business development 6.7 Complete and maintain real-time commercial occupancy data(availability,price,contacts,etc.) 7.5 Provide public access to development related data sets(GIS Mapping) 1.6 Assist local businesses in energy,water,waste,supply chain reductions and efficiencies 7.7 Create and define quantifiable community"Quality of Life" indicators to measure economic development strategy success,both monetary and non-monetary.. F-gg on PRIORITY 1 ACTIONS - 1.1 retention 8 erpanson wrvep 11 d nnwe City stall pant of ro t= 2.1 to hze rel wal,ips 3.1 grant pr " 6.1 urban renewal dlsbicls 7.1 W um deselo;w e l 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. ECOAOIIIIC DEVELOPMENT STRATEGY Page 31 of 42 E:I h it n t uu; rr q ra;;::>,,; ti l r?v,1 t h Ira CITY OF -ASH LAN D Council Communication Report on Utility Assistance Program Meeting Date: October 18, 2011 Primary.Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Be nn Estimated Time: Consent Question: Does Council have any questions or direction for the Administrative Services/Finance Department Customer Service Division regarding management of discount or assistance programs in place to aid customers in paying their utility bills? Staff Recommendation: This is a report and does not require action. If Council wishes to make significant changes in programs or management practices, staff suggests a study session be scheduled to consider implications and implementation of proposed changes including potential revisions to the Ashland Municipal Code. Background: At the recent Public Hearing to adjust electric rates there was considerable discussion regarding assistance programs currently provided by the City and others.' The City's direct assistance programs include the Senior/Disabled Assistance program identified in AMC 14.02.015 and the Ashland Low Income Energy Assistance Program initiated prior to FY 2007. These programs are funded by Ashland. The ALIEAP support was implemented to be proactive by mimicking what is done by investor owned utilities as required by the PUC. Payments through all of these programs are accounted for by the City's Customer Service/Utility Billing Division so some information is available. City-funded FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Assistance Programs Actual Actual Actual Actual Actual Target Low Income Energy Assistance Applications 316 277 345 405 442 440 Distributed $ 55,409 $ 65,212 $ 72,522 $ 81,915 $ 91,948 $ 88,500 Average relief/applicant-family $ 175 $ 235 $ 210 $ 202 $ 208 $ 201 Senior/Disabled Program Applications 126 128 118 125 124 137 Distributed $ 27,965 $ 28,006 $ 20,979 $ 29,163 $ 30,496 $ 32,000 Average relief/applicant-family $ 222 $ 219 $ 178 $ 233 $ 246 $ 234 Page 1 of 4 CITY OF ASHLAND Citizen donation programs include Heat and Roundup. Donation-funded FY 2007 FY 2008 , FY 2009 FY 2010 FY1011 FY 2012' Assistance Actual Actual Actual Actual Actual Target Donations from the Public Heat $ 1,234 $ 1,711 $ 1,121 $ 2,086 $ 3,053 $ 2,800 Roundup 2,155 3,208 . 3,301 3,621 3,446 3,300 Total Donated $ 3,389 $ 4,919 $ 4,422 $ 5,707 $ 6,499 $ 6,100 The following table sums all uses for assistance managed by the City of Ashland through the coordinated efforts of the Senior Program and the Customer Service Division. FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Total Uses Actual '- Actual,, Actual Actual Actual Target Distributed Amount Low Income Energy Assistance $ 55,409 $ 65,212 $ 72,522 $ 81,915 $ 91,948 $ 88,500 Senior/Disabled Program 27,965 28,006 20,979 29,163 30,496 32,000 HEAT Program 1,141 160 7,490 2,460 5,500 - 5,500 $ 84,515 $ 93,378 $ 100,991 $ 113,538 $ 127,944 $ 126,000 Budget $ 83,775 $ 91,775 $ 91,775 $ 91,775 $ 91,775 $ 110,500 % of Distributed/Budget 101% 102% 110% 124% 139% 114% Please note that some of the public donated monies actually went toward the ALIEAP program over the years in that the goal was to provide an average of$70,000 in assistance per year. There are other assistance programs available to help families in financial hardship such as Access and those coordinated through local churches. These are not directly accounted for by the City so information on the level of assistance is not as readily available. Access and St Vincent DePaul provided the following information for the last two years: Page 2 of 4 5L CITY OF ASHLAND FY 2010 FY2011 Access Total Assistance $ 75,600 $ 69,969 Households Helped 267 261 Average Asistance $ 283 $ 268 St.Vincent De Paul Total Assistance $ 16,308 $ 20,207 Households Helped 101 115 Average Asistance $ 161 $ 176 The above tables do not take into account the considerable staff time and effort to manage City programs and to help coordinate non-city assistance. Staff does not have a good means of capturing such data in that this work is significantly integrated to the other daily tasks they perform. Although we routinely see it occur, the City has no quantifiable information to support the amount of direct assistance customers receive from other social organizations and good Samaritans. It should also be understood that some customers qualify for and receive the benefit of multiple programs, whether funded by the City or not. The City has insufficient resources to track this kind of information. Finally, during the session a proposal from the public raised questions about the benefits, and detriments, of establishing a moratorium on service disconnections from November through March each winter. Staff believes it would be better to remain proactive and help customers stay current through assistance rather than establish.a policy that defers accountability. The key issues from a staff perspective are: 1. Customers requesting help with utilities need it immediately. Often they are already behind with other expenses. 2. Delaying the requirement to pay something will mean a larger balance (think balloon payment) will eventually come due. 3. Customers who fall too far behind often find it insurmountable to get caught up. Such a program could send the wrong message to Ashland's seasonal customers. There is a risk that the temptation to skip on the large utility balance owing in the spring will become too great and result in larger write-offs for the utilities. This would seem to be a backward, uncontrolled way of providing additional assistance. And, if this does occur, the City not requiring utility payments for many months and inducing renters to skip could negatively impact rental property owners who may not receive rent for the last few months. If a study session is warranted staff would suggest all elements of the billing and collection process be included in the discussion to ensure the entire process meets current policies and operating needs. Page 3 of 4 CITY OF ASHLAND Related City Policies: AMC 14.02.015 Ordinance 2062 Resolution 92-22 Council Potential Motions: No motion is required to maintain the programs that are in place today. Attachments: AMC 14.02.015 Page 4 of 4 �r, City of Ashland,Oregon-Municipal Code htt p://ashland.or.us/CodePrint.asp?CodeID=2834 14.02.015 Senior Citizen Discount A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and 60 years of age and the total household income shall not exceed the Federal Community Services Administration poverty guidelines. B. The senior citizen discount shall only apply to the applicant's residence. C. A senior citizen desiring to receive a utility discount must submit an initial application to the City on forms provided by the City. In order to maintain continuous qualification for such discount, the senior citizen shall, not later than June 30th of each ensuing year, file an annual application for renewal on forms provided by the City. The City Administrator, or authorized designee, shall determine whether the applicant meets the qualifications and requirements of the City. D. In special hardship cases, a committee of two City Council members and the Senior Program Director, may recommend the City Administrator grant exemptions to the foregoing income limitations where the circumstances justify such exemptions. (Ord 2673, 1992) 1 of 1 10/12/2011 12:59 PM CITY OF ASHLAND Council Communication Authorization of Telecommunication Franchise to Sprint Communications Meeting Date: October 18, 2011 Primary Staff Contact: Douglas McGeary Department: City Attorney E-Mail: legalcontractor @ashland.or.us Secondary Dept.: Information Tech logy Secondary Contact: Lee Tuneberg Approval: Martha Bennet Estimated Time: Consent Question: yl Should the City Council approve a telecommunications franchise for Sprint Communications? Staff Recommendation: Staff recommends the Council approve the franchise agreement for Sprint Communications. Background: Sprint Communications requested the City of Ashland grant it a franchise to provide telecommunications services in the community. Sprint Communications stated their initial scale and installation will be approximately 13,000 linear feet. The Franchise Agreement provides Sprint Communications with a standard five-year agreement, as allowed under the City Charter, the City's ordinances, and Federal law. Franchises for telecommunications grant use of the City's rights-of-way and are non-exclusive. The franchise fee shall be the greater of the charge per linear foot installed or the percentage of gross revenues from services provided in the City. Documentation of this calculation by the franchisee is required under the Franchise Agreement. City Council may review its rights-of-way administration and fees for telecommunications franchises in 2011. The grant of this franchise is not anticipated to affect that review, nor affect the City's other franchisees. This Franchise Agreement explicitly recognizes that franchise fees. including those paid by Sprint, may change if the City revises its franchise ordinances. The Agreement has been signed by Sprint Communications. Related City Policies: 1) Ashland Municipal Code Title 16 2) City Council Resolution No. 99-70 Council Options: 1) The Council can authorize the Franchise Agreement as recommended by staff. 2) The Council can decline the Franchise Agreement, or decline and direct staff to make adjustments, re-negotiate, and bring the Agreement back for consideration at a later time. Potential Motions: 1) Move to authorize the Franchise Agreement for Sprint Communications. Page] o1`2 CITY OF ASHLAND 2) Move to decline to authorize the Franchise Agreement for Sprint Communications; direct staff to make adjustments as to (area of concern or terms), re-negotiate, and return by (date) for Council reconsideration. Attachments: None. Page 2 of 2 �r� CITY OF ASHLAND Council Communication Contract for Legal Services Meeting Date: October 18, 2011 Primary Staff Contact: David H. Lohman Department: Legal E-Mail: david.lohman@ashland.or.us Secondary Dept.: Finance Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Will the City Council approve an extension of the existing contract for legal services with Douglas McGeary, not to exceed $45,000.00? Staff Recommendation: Staff recommends Council approve amendment of an existing contract for legal services with Douglas McGeary. Background: The City Attorney's office has contracted with Douglas M. McGeary as a part-time contract attorney since January, 2011. David Lohman began his tenure as City Attorney in June, 2011. Since then, Mr. McGeary has provided legal services to the City on various matters, including all municipal court matters, for approximately 2 1/2 days per week. The City Attorney is still evaluating what skills the person filling the existing Assistant City Attorney position should have and whether a full-time Assistant City Attorney is needed. If the decision is-made to fill the Assistant Attorney position, Mr. McGeary's services would no longer be needed or paid for. In June, the Council amended Mr. McGeary's original contract for $50,000 by adding an additional $25,000. The proposed contract amendment herein would provide an additional $45,000 and decrease the hourly rate paid to Mr. McGeary, allowing access to his services for at least an additional six months, assuming he continues to spend approximately 20 per week on City legal matters. It is anticipated that the monthly fees to be paid to Mr. McGeary under this contract amendment will be less than the expected monthly cost to the City to fill the permanent full-time Assistant Attorney position. 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. This proposed amendment of Mr. McGeary's contract is considered to be an extension of the original contract with him and therefore requires Council approval again. If this contract amendment is approved, the City Attorney's Office will request a transfer of appropriations in the amount of$45,000 from Personal Services to Contract Services. Related City Policies: AMC 2.50.120.A.I —Personal Services Class Exemption for Attorney Services Pagel o1`2 Ir, CITY OF -ASHLAND Council Options: 1) Approve the contract amendment with Douglas McGeary. 2) Withhold approval of the contract amendment. Potential Motions: 1) Move to withdraw item from consent agenda. 2) Move to approve the contract amendment Attachments: None. Page 2 of 2 la, CITY OF ASHLAND Council Communication Public Hearing on the Buildable Lands Inventory Meeting Date: October 18, 2011 Primary Staff Contact: Brandon Goldman Department: Community Devel pment E-Mail: goldmanb @ashland.or.us Secondary Dept.: None Secondary Contact: Bill Molnar Approval: Martha Benne Estimated Time: 10 Minutes Question: Will Council approve First Reading of an ordinance titled, "An Ordinance Amending the City of Ashland Comprehensive Plan to Adopt the Buildable Lands Inventory as Supporting Documentation to the City of Ashland Comprehensive Plan" and move the ordinance on to Second Reading? Recommendations: The Planning Commission reviewed the draft Buildable Lands Inventory (BLI) at a study session on August 24`h 2011, held a public hearing on September 13, 2011, and following public testimony and deliberations the Planning Commission unanimously recommended approval of the ordinance and adoption of the Buildable Lands Inventory. Staff recommends the Council adopt the Buildable Lands Inventory as a supporting technical document to Chapter XII of the Ashland Comprehensive Plan. Background: The purpose of updating the "Buildable Lands Inventory" (BLI) is to quantify the amount of vacant and underdeveloped land in the City of Ashland. The updated BLI and associated Geographic Information System (GIS) database provide a detailed inventory of residential, commercial and employment lands. The BLI consists of a Geographic Information Systems (GIS) database that quantifies buildable areas for all tax lots within the City's Urban Growth Boundary (UGB). The attached technical report and associated BLI GIS Database describe: • the aggregate buildable area of parcels within each comprehensive plan designation; • allowable base densities by zone or comprehensive plan designation; • projected population growth and household size; • the size and locational characteristics of each parcel within the City's UGB; • the capacity of each parcel to accommodate future dwellings; and • the cumulative buildable acreage by zoning and comprehensive plan designation. The information assembled and presented in the BLI provides geographically based information regarding the capacity of potential future development locations. This BLI information is integrated into a number of City plans and functions including: • Provides a factual basis to assist in evaluating land use applications relating to annexation and or zone changes; • Provides information useful to implementing economic development strategies (Economic Opportunities Analysis forecasting, business land searches, etc); Page I of 2 ��, CITY OF ASHLAND • Provides necessary information to compare land availability with projected land needs in a Housing Needs Analysis; • Provides a basis for modeling future traffic generation and transit opportunities (Transportation System Plan and individual traffic studies); • Informs the Water Master Plan, and utility installation efforts to ensure new facilities are sized to accommodate future growth at installation; • Assists the Fire Department in weed abatement and hydrant testing prioritization efforts; • Informs Parks Master Planning efforts to identify future growth areas and neighborhood parks and greenway opportunities. In 1999, the City of Ashland prepared a Buildable Lands Inventory. In January 2005, the BLI was updated. The attached 2011 BLI has been updated to reflect all land availability for both residential and commercial lands current as of July 2011. In order to allow the Buildable Lands Inventory GIS database to be more regularly updated the ordinance presented for consideration includes a provision allowing future updates of the BLI to be approved by Resolution of the City Council. This provision will enable staff to more readily update the BLI and present the revised technical document to the City Council reflecting consumption of buildable land by development, and redevelopment, through the issuance of building permits as well as to make modifications to reflect any changes in residential development potential due to land use or zone changes as approved by ordinance by the City Council Related City Policies: Comprehensive Plan Chapter XII of the Ashland Comprehensive Plan Appendix A entitled "Technical Reports and Supporting Documents" Article 10 of the Ashland City Charter ALUO 18.108.170—Procedure for Legislative Amendments. Council Options: Approve the proposed ordinance amending the Comprehensive Plan to include the BLI as a supporting technical document, or recommend specific modifications to the ordinance or document to be presented at second reading. Potential Motions: Move to approve first reading of the ordinance amending the City of Ashland Comprehensive plan to adopt the Buildable Lands Inventory as a supporting document, and schedule second reading for November 1, 2011. Attachments: Draft Ordinance Exhibit A -Buildable Lands Inventory Exhibit B—Comprehensive Plan Appendix A: Technical Reports and Supporting Documents PA#2011-01001 Application Page 2 of 2 �r, ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADOPT THE BUILDABLE LANDS INVENTORY AS A SUPPORTING DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN Annotated to show deletiens and additions to the code sections being modified. Deletions are bold lined4hreuo and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States. and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City o Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the Ashland Comprehensive Plan contains policies regarding the urbanization of land within the urban growth boundary which are based upon the available inventories of specific land classifications. WHEREAS, in 1999, the City of Ashland passed Resolution 1999-058 which adopted the 1998- 99 Buildable Lands Inventory as the official inventory in support of the Ashland Comprehensive Plan, and established the methodology for conducting an inventory of available land. WHEREAS, the Buildable Lands Inventory adopted in 1999, and updated in 2005, does not reflect development that has occurred subsequent to its adoption date. WHEREAS, the Buildable Lands Inventory (2011) reflects the supply of developable land within the Ashland City Limits and Urban Growth Boundary based upon specific land classification and constraints to development current as of April 1, 2011. WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Comprehensive Plan at a duly advertised public Page 1 of 3 hearing on September 13, 2011 and, following deliberations, unanimously recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on ; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City.Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Comprehensive Plan in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents" is attached hereto and made a part hereof as Exhibit B. Previously added support documents are acknowledged on this Appendix. SECTION 3. The document entitled "The City of Ashland Buildable Lands Inventory, (2011)," attached hereto as Exhibit A, and made a part hereof by this reference-is hereby added to the above-referenced Appendix to support Chapter X11, [URBANIZATION] the Comprehensive Plan. SECTION 4. The document entitled "The City of Ashland Buildable Lands Inventory," may be updated by Resolution of the City Council to account for consumption of buildable land by development, and re-development, as reflected in the issuance of Building Permits by the City. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references . and any typographical errors. Page 2 of 3 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12011, and duly PASSED and ADOPTED this day of '12011. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_ day of 2011. 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These studies and reports shall not serve the purpose of creating new city policy, but rather the information, data and findings contained within the documents may constitute part of the basis on which new policies may be formulated or existing policy amended. In addition, adopted studies and reports provide a source of information that may be used to assist the community in the evaluation of local land use decisions. Chapter II, Introduction and Definitions The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter Il, Introduction and Definitions. 1. Croman Mill Site Redevelopment Plan(2008) by Ordinance 3030 on August 17, 2010 Chapter IV, EnvironmenW Resources The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter IV, Environmental Resources. 1. City of Ashland Local Wetland Inventory and Assessment and Riparian Corridor Inventory(2005/2007) by Ordinance 2999 on December 15, 2009. Chapter VII, Economy The following reports are adopted by reference as a support document to the Ashland Comprehensive Plan, Chapter VII, The Economy. 1. City of Ashland: Economic Opportunities Analysis (April 2007) by Ordinance 3030 on August 17, 2010 Chapter All, Urbanization The following reports are adopted by refereucs as a support document to the Ashland domprehensiye Plan, Chapter XII, Urbanization: 1.City of Ashland:Buildable Landslnventorv12011)"by Ordinance on CITY OF ASHLAND Plannin g Application Application for approval of an ordinance amending the City of Ashland Comprehensive Plan to adopt the Buildable Lands Inventory (2011) as a supporting technical document to be included in the Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents". DATE: 7/19/2011 Staff Contact: Brandon Goldman, Senior Planner 541-552-2076 or brandon.goldman @ashland.or.us Purpose The purpose of conducting an update of the "Buildable Lands Inventory" (BLI) is to quantify the amount vacant and underdeveloped land presently available within the political boundaries of the City of Ashland (City Limits, Urban Growth Boundary, and specific zones). A BLI ultimately assists the City in determining whether or not there exists an adequate supply of buildable land to accommodate future housing and business development. The Buildable Land Inventory (2011), and proposed Ordinance, are provided as attachments for the Planning Commission and City Council's consideration. As proposed the Ordinance would adopt the current BLI and would allow future updates of the Buildable Lands Inventory to be approved by Resolution of the City Council. Upon adoption the updated BLI becomes a supporting technical document to the Ashland Comprehensive Plan and as such would provide a factual basis for future legislative and quasi-judicial land-use decisions relating to available land supply. Background In 1999, the City of Ashland prepared a Buildable Lands Inventory which provided a complete inventory of vacant and redevelopable residential lands in the City's existing UGB. In January 2005, the BLI was updated to account for changes that had taken place on residential lands subsequent to 1999, and to further assess vacant and partially vacant employment and commercial lands. In 2007 the City began an evaluation of its economic land needs as the basis for the 2007 Economic Opportunities Analysis (EOA), which was adopted by the City Council in 2010. The EOA provided information regarding future commercial and employment land needs based on projected economic conditions. In 2007 a Rental Needs Analysis was completed to assess the needed rental housing types based on demographic information on households including size, age, and incomes. This Rental Needs Analysis supplemented information in a Housing Needs Analysis which was completed for the City in 2002. All of these studies project future land needs relative to the existing supply of land suitable for development. Beginning with the adoption of the City's local wetland inventory in 2009 the City approved the creation of an appendix to the Comprehensive Plan (Appendix A) as a systematic means of incorporating Department of Community Development Tel:541-488-5305 51 Winbum Way Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 , www.ashland.or.us various technical reports and supporting documents into the plan that may be used to assist the community in evaluating policy and local land use decisions. The appendix was expanded in 2010 to include the Croman Mill Plan and Economic Opportunities Analysis. The ordinance presented for consideration adopting the BLI also amends Appendix A to include the BLI by reference as a support document of the Ashland Comprehensive Plan's chapter on Urbanization (Chapter XII). The updated BLI document, and associated Geographic Information System (GIS) database, provides a detailed inventory of the supply of residential, commercial and employment lands. Methodology The development of the BLI, and subsequent analysis of land use, were completed using a geographic information system (GIS) database. A taxlot-level database containing all tax-lot records within Ashland's Urban Growth Boundary was assembled using Jackson County GIS and Assessor's data, the City of Ashland Building Permit data, and the GIS data from the 1999 and 2005 Buildable Lands Inventories completed by the City. Each record included such data as property size, ownership, zoning, Comprehensive Plan designation, real market value, and development type. The data was then supplemented with aerial photos taken for Jackson County in June 2010. City of Ashland building permit data and land use data was evaluated to ensure that current development activity was captured in the inventory. Based on the type and extent of development on each taxlot, and using definitions of vacant and redevelopable land from OAR 660-008-005 (residential lands) and 660- 009-005 (economic lands), a development status was assigned to every taxlot (e.g. vacant, partially vacant or redevelopable). Staff was then able to refine this assessment by evaluating constraints to future development such as the presence of floodplains, steep slopes and/or existing development patterns to determine the percentage of each site that retains development potential. By determining the amount of developable land on a given lot Staff was able to estimate the number of dwelling units that could be accommodated on each developable property and thus include this figure in the BLI database. For the purposes of estimating dwelling unit potential Staff assumed that buildable lands would develop according to the densities specified for the existing underlying zone for properties within the City limits, or comprehensive plan designation for properties outside the City Limits yet within the UGB. Through these methods the BLI as presented summarizes the amount of vacant residential and commercial lands available. Further, the potential number of dwelling units that could be accommodated on available lands, given allowable densities,-is quantified for all tax lots within the existing UGB by zoning and Comprehensive Plan designation. Results The full Buildable Lands Inventory is attached as a technical document. Information has been presented to show buildable lands and dwelling unit potential both within the existing City Limits, and within the UGB by zoning and Comprehensive Plan designation. The 2011 BLI provides a moment-in-time snapshot of Ashland's available land inventory current as of April 1, 2011. The GIS based database created to conduct the inventory can be updated on a regular basis to reflect consumption of land through development (issuance of building permits). Upon adoption the updated BLI becomes a supporting technical document to the Ashland Comprehensive Plan and as such will provide a basis for future legislative and quasi-judicial land-use decisions relating to available land supply. Attached: 2011 Buildable Lands Inventory Update Ordinance amending the Comprehensive Plan to include the BLI as a technical supporting document Department of Community Development Tel:541488-5305 51 Winbum Way Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 OF www.ashland.or.us CITY OF ASHLAND Council Communication Quarterly Report and Recommendations from the Ad Hoc Homelessness Steering Committee Meeting Date: October 18, 2011 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann @ashland.or.us Secondary Dept.: None Secondary Contact: Martha Bennett Approval: Martha Berme Estimated Time: 30 minutes Question: Will the Council approve the recommendations of the Ad Hoc Homelessness Steering Committee (HSC)? Staff Recommendation: After hearing the presentation of the Homelessness Steering Committee, senior staff discussed the recommendations and outlined some possible immediate actions for the Council to consider. Staff recommends Council take action on each recommendation separately. The following reflects input from the City Attorney, City Administrator, Finance Director, Police Chief and Community Development. Portable Toilets • Purpose: To provide a safe, clean restroom for the public after dark. • Staff Suggestion: o Approve placement of a portable toilet adjacent to the recycling area near the Calle on a trial basis for the rest of FY2012. This location's visibility and lighting makes it a safer alternative than placement next to the existing public bathrooms on the Calle. • Direct staff to identify a logical funding source from within the City's FY2012 budget. • Direct staff to contract with a portable toilet rental company for placement, stocking, cleaning and maintenance. • Direct staff to submit a brief report to Council and HSC on benefits and problems at the site every three months for the first year after placement of the unit and to have it removed immediately if it is damaged or causes unsafe or unsanitary conditions to exist in the area. • Ask the HSC to provide to the Council an interim evaluation of the benefits and problems at the Calle facility in time for consideration in the FY2013 budget development process next spring. • Ask the HSC to provide to the Council a final evaluation of the benefits and problems at the Calle facility within one year of its establishment and, if the Calle site appears to be achieving its purpose, to recommend sites and funding for up to two additional sites for portable toilets. The analysis of potential additional sites could include conferring with Jackson County on providing and funding a portable toilet at the Greenway parking lot. Pagel o1`4 CITY OF ASHLAND Day Use Center • Purpose: To establish a center for provision of basic services— including showers, laundry, emergency clothing and possibly food— for needy individuals and families in Ashland. • Staff Suggestion: • Ask the HSC to work with staff to narrow options for establishing a Day Use Center. • Direct staff to present to the Council for its consideration a detailed proposal, along with a non-binding letter of intent with a building owner, when an appropriate, feasible site is identified. (See "due diligence" criteria below.) • "Due Diligence" criteria for narrowing options: • Does the site already have a building suitable for use as a Day Use Center? If not, what improvements would need to be made to make it suitable? • Would access to the facility be convenient? • What would be the likely impacts on the surrounding neighborhood? • Would use of the building as a Day Use Center require any land-use approvals? 1. Would the services be offered at the Day Use Center be deemed more intensive uses than those previously provided at the site so as to trigger requirements for additional parking, ADA accommodations, and other alterations? 2. Would a conditional use permit be required, as it would be if, for example, if the Center were located in a residential zone? • If a thrift store were part of the facility, will existing privately-funded thrift stores in Ashland object? • What sources could the City use to provide funding for the Center? Could supporters of the project be eligible to apply in the annual competition for CDBG funds next spring (a total of about $30,000 to be awarded?) Could the project be eligible for Housing Trust Fund monies? ■ Try to identify a feasible site in time to be considered in the spring FY2013 budget development process for the next fiscal year. • If a feasible site becomes available before June, 2013 and cannot be held until the next fiscal year, identify possible cuts or transfers in FY2012 budget items sufficient to provide the minimum funding needed to proceed with the project. (Inclusion of the project in a supplemental budget is not possible.) Donation Boxes • Purpose: To provide a convenient, secure place for those who do not wish to donate directly to panhandlers to nevertheless make contributions that will provide services and facilities for needy individuals and families in Ashland. • Staff Suggestion: • Select a location for placement of one secure donation box. • Identify a person or organization willing to collect funds from the donation box and deliver them to an appropriate receiving agent. • Identify an organization willing to 1) receive the donated funds; 2) either directly provide services to homeless individuals and families in Ashland or transfer the funds to an entity that does so and has been approved by the Chamber of Commerce; and 3) Page 2 of 4 VAR CITY OF ASHLAND provide to the City, the HSC and the Chamber of Commerce an accounting of funds collected and distributed from the donation box every three months. o Evaluate the success of the donation box and report back to the Council Within 6 to 12 months. If the first donation box is deemed to be successful, include along with the evaluation, a proposal for locating two additional donation boxes. Extend HSC for another year • Purpose: To provide more time for the HSC to build on the collaboration between sponsors and the committee as well as between the sponsors and other entities and to work with authors to fine tune incomplete proposals that have the potential to be implemented. • Staff Suggestion: • Ask the HSC to complete, to the extent possible, the current recommendations, prior to requesting extension. Resolution 2011-10 provides for the HSC to notify the Council it is no longer receiving stakeholder proposals or, it may proposed that it be reorganized in a manner that better suits its intended purpose. At the end of the year the HSC will make a recommendation to the Council regarding whether or not it should be continued. • Ask the F1SC to identify staffing needs, beyond what is currently provided, prior to the FY2013 budget development process next spring. Background: At the October 6 meeting, the Homelessness Steering Committee presented their quarterly report and recommendations. In April 2011 the City Council established the Ad Hoc Homelessness Steering Committee and requested quarterly updates on their work. Attached is their report, a summary of the proposals received to date, committee minutes of their review of city staff ideas related to homelessness, Resolution 2011-10 establishing the HSC. HSC Members Heidi Parker, Chair Connie Saldana Rich Rohde, Vice Chair Sara Hopkins-Powell Dee Ann Everson Graham Lewis Laura O'Bryon Regina Ayars Council Liaisons: Councilor Slattery and Councilor Voisin Related City Policies: Council Goals Council Options: • Determine which recommendations or partial recommendations to approve. • Determine what changes, if any, should be made to the recommendations. Page 3 of 4 11FAW, CITY OF -1SHLAN D Potential Motions: . 1. Move to approve/deny the installation of portable toilets as presented by the HSC and direct staff to 2. Move to approve the installation of portable toilet(s) with the following provisions and direct staff to 3. Move to approve/deny the Day Use Center recommendation as presented by the HSC and direct staff to 4. Move to approve the Day Use Center will the following provisions and direct staff to 5. Move to approve/deny the donation box recommendation as presented by HSC and direct staff to 6. Move to approve the installation of donation box(s) with the following provisions and direct staff to 7. Move to approve/deny extending the HSC recommendation as-presented by HSC and direct staff to 8. Move to approve extending the HSC with the following provisions and direct staff to Attachments: • Ad hoc Homelessness Steering Committee quarterly report with recommendations • Summary of proposals received • Minutes from the HSC meeting when the committee discussed the ideas city staff presented to the City Council in April including Community Outreach Workers, Community Assistance Program, Car Parks for Camping, Periodic Medical Screening, Drop-in Center/Permanent Support Housing/ Housing First/Transitional Housing/SRO Occupancy • Resolution 2011-10 A Resolution Defining the Duties and Responsibilities of the Ad Hoc Homelessness Steering Committee Page 4 of 4 QuarterCy Report of The Ad Hoc Homelessness Steering Committee To The Ashland City Council October 4, 2011 It is not news to anyone that homelessness is an issue in our community, our state, our country and around the world. With increasing pressures from the Great Recession and with an engaged and caring community, the Ashland City Council and Mayor appointed an Ad Hoc Homelessness Steering Committee on April 5, 2011. The Homelessness Steering Committee is comprised of eight community members: Regina Ayers, Dee Anne Everson, Sarah Hopkins-Powell, Graham Lewis, Laura O'Bryon, Connie Saldana, Rich Rohde, Vice Chair and Heidi Parker, Chair. There are two, non-voting City Council liaisons: Carol Voisin and Dennis Slattery, and one City staff member: Ann Seltzer. We had our first meeting on April 14, 2011, and have met two to three times per month since. The Homelessness Steering Committee (HSC) was charged to: • Solicit proposals from community stakeholders to address issues of homelessness in Ashland; • Deliver to the Council proposals that are well developed, factually supported, and capable of implementation; • Return proposals that are incomplete and encourage re-submittal of reworked proposals; • Connect stakeholders whose proposals complement or duplicate each other's for possible collaboration; and • Suggest alternative sponsorship if possible. The committee's first order of business was to design a way to solicit proposals from the community. We created a Flyer inviting submissions of 1-2 page proposals that stated what the issue to be addressed was, proposed solution, background information, and estimated cost to implement. Committee members then widely distributed the Fliers around town both to individuals and stakeholder groups, as well as posting it on the city's website. Since June 151, we have received 33 proposals. The Steering Committee then reviewed the proposals and decided whether each proposal should be: • Considered actionable as written • Returned to the submitter for further development or explanation, possibly with recommended changes or suggested partnership • Considered not actionable at present time, or • Forwarded to the City Council for consideration 1 (All submitted proposals became public documents and were posted on the City's website at: www.ashland.or.us/homelessness) Rather than using a numerical score sheet or letter grading to evaluate proposals, due to the complexity of the proposals,the committee adopted the consensus model. Following group discussion, which sometimes involved individual committee member research of related issues, the committee came to consensus regarding dispensation of each proposal submitted, placing each in one of the four categories listed above. We realize that our work as a committee is not yet complete. However, since we were told that the Council desired periodic reports from the HSC, this is our first round of recommendations to the Council. While each proposal individually may not solve all problems associated with homelessness, we believe that taken as a whole, these five proposals will help strengthen the overall support for the homeless in our community. The Homelessness Committee is proud to recommend the following five proposals for your approval: Chamber Donation Boxes, Public Toilets, Homelessness Steering Committee, Day Use Center, and The Listening Post. Thank you for the honor of serving our community. Heidi Parker, Chair Ad Hoc Homelessness Steering Committee *Please see attached documents 2 Proposal: Provide 24-hour access to public toilets at select locations in Ashland Sponsor: Stephen Auerbach HSC Recommendation: Provide access to public toilets in 3 locations: downtown,north and south ends of Ashland 24-hours/day,seven day a week,using portable toilets. Set up a trial period with annual review for evaluation of this program. Cost to City: Approximately$3,000-$3500 per year Implementation Date: Fall 2011 Recommendation Background: After speaking with Ashland Parks& Rec.Director,Don Robertson, Bruce Dickens,Park Superintendent,and Rachel Dials,Recreation Superintendent,about the pros and cons of leaving public bathrooms open 24-hours,we propose that the City,on a trial basis,provide 3 portable toilets located in different areas around town. Currently,there are 10 park sites with restrooms that open around 6 a.m.and are closed between 5-9 p.m. Don Robertson estimates that it would cost around$8,000/yr to keep one restroom open 24 hours. The city's insurance is$10,000 deductible for damages. One local Porto-Potti company charges$81.50/month,+5%damage waiver insurance (about$4/mo.),which also includes weekly service,for a total of$85.58/month. If the unit ' were totally destroyed,the$100 deductible insurance policy would fully cover the cost of replacement. This would be an annual cost of around$1,026 1year/unit. Since the unit is portable,if there were problems with vandalism,the unit could be either relocated or removed. Handicap porta-potties rent for$125/month + 5%damage insurance,or $1,5781yr/unit. We recommend that one location be beside the current Calle public restroom,since there is already lighting at the site. It is recommended that the second location be to the north,in the Greenway parking lot where Eagle Mill Rd. meets Valley View Road. Since that land belongs to Jackson County,we are awaiting a response from the Bear Creek Greenway Joint Powers Committee that would allow placement there,in addition to costs. The third location,south of downtown,is yet to be determined. 3 Pro - That the City allocate the necessary funds to pay rent for one year for a Day Center to be operated by The Salvation Army or secure a location for The Salvation Army to use at no charge for a minimum of one year.The 2000-3000 square foot Day Center will provide showers, laundry, hot meals, clothing, food pantry and case management if requested. A small thrift shop in the front will generate a small amount of operating income for the center and provide jobs to two (potentially homeless) individuals. Oversight and case management will be provided by existing Salvation Army staff and volunteers from the Medford location. Sponsor: Salvation Army, Medford,Jackie Agee, Development Director Cost to City or Donated: Rent estimated at$2,000 a month for a total of$24,000. Implementation Date: January 2012 Recommendation Background: The Committee found that there is a high need for basic services to be provided for individuals and families who find themselves homeless in Ashland. Several of the proposals received mention the needs, but did not provide specific solutions. The Salvation Army's proposal provides a model which has been tested in other areas of the country. However,the agency would like support to implement the model in Ashland for one or two years in order to be sure it is an appropriate model for our town. If the Day Center proves successful, Salvation Army will write grants and seek ongoing funding to sustain the project. Previous to recommending the City provide rent for the Day Center, Committee Member, Regina Ayars, and Salvation Army staff researched available properties that might be available rent-free: City-Owned Property: Per Martha Bennett there is currently no city-owned property designated as surplus as per the facility master plan completed and reviewed in 2009. There has been discussion of The Grove,but even if it were not designated for other use,its proximity to the Police Station would likely make it unusable by a segment of the homeless population. Private Property: 1.The vacant Tidings building on Siskiyou St.: Tribune thinks they can lease commercially 2.The old ICCA building on Ashland St.: Current owner wants to sell the property 3.Vacant restaurant at Shamrock and Ashland Streets: Lease signed. 4.Vacant commercial space in the Ashland Shopping Center: Space too small - 1,400 sq ft S. Hersey Industrial Park: Spaces too small Research will continue. 4 Proposal: Create locations for secure donation boxes for money to be given to organizations that can best help those who truly want to get out of homelessness. Educate Ashland residents and visitors to donate via the boxes or other recognized charitable organizations. Increase police presence in the downtown core. The Chamber will solicit businesses to sponsor donation boxes and work with the City to secure appropriate locations. They are considering downtown locations as well as grocery stores in high traffic areas. The Chamber is in contact with St. Vincent DePaul as a possible non-profit to administer the money. Other non-profits will be considered should St. Vincent not agree. The Chamber will develop a communication plan to educate residents, visitors, and businesses on donating via the boxes, not directly to panhandlers. The people on the streets will be informed about the program and how they can benefit from it. The Chamber will work with the City Ad Hoc-Steering Committee, appropriate City Departments, and non-profit social service organizations to finalize and publicize the program. Sponsor: Ashland Chamber of Commerce Homelessness Task Force: Pam Hammond, Mark Marchett, Nancy Morgan, Meiwen Richards, Lisa Beam, Cindy Bernard, Marie Donovan, Sandra Slattery HSC Recommendation: Forward donation box proposal to City Council. Council Action to provide installation and maintenance of donation boxes. Cost to City: To Be Determined Implementation Date: Before 2012 Summer Visitor Season Recommendation Background: The Chamber proposes paying for and placing "donation boxes" for people to deposit money to assist the homeless population. The committee liked this concept but expressed concern it did not identify a non-profit to collect and distribute the funds. Comments were made that many social service agencies advocate giving money to providers rather than to individuals and that, the proposal creates socially responsible philanthropy. The committee decided to move this concept forward to the City Council as a summary, rather than to submit the actual proposal and recommend the Council identify the appropriate non-profit to administer the funds. The donation box.proposal reflects 3 others who proposed the boxes and similar proposals from Ashland businesses. 5 Proposal: Create a permanent Homeless Steering Committee (HSC) comprised of citizens in the community who repeatedly express the desire to help the homeless. Sponsor: Lynn Ransford HSC Recommendation: The committee is recommending that HSC be extended one year to March, 2013 Cost to City: Staff for meetings Implementation Date: March, 2012— March, 2013 Recommendation Background: The proposal is to extend for one year HSC from March, 2012—March, 2013. The rationale is that the committee is building collaboration between sponsors and the committee as well as between sponsors and other entities providing services to the homeless. A number of proposals that clearly are focused on the needs of our community need fine tuning and some direction from the committee. The committee needs the time to work with the sponsors in an effort to bring more proposals to the council and/or to refer them to an agency or other entity. Citizens took to the time and energy to prepare well meaning proposals, now the committee needs to take them seriously and work with them to see that the proposals are doable for the city. Based on the second committee purpose, HSC is charged to "transmit to the Council those proposals that are well-developed, factually supported, capable of implementation and fall within the Council's scope of authority". Quite frankly, the committee needs more time to work with the sponsors to achieve this purpose. Moreover, the committee is still working on the third committee purpose where HSC is charged to"Return to their authors those proposals that are incomplete but that have the potential to fall under the second purpose(noted above), with specific recommendations for the necessary improvements and encourage resubmittal of the reworked proposals." The committee is carefully developing specific recommendations for improvements for several proposals. Those proposals are in the "parking lot", each to be taken up as time permits. In the meantime, the committee is anticipating receiving more proposals from the public. Therefore, the committee agrees with the sponsor that an extension for the committee is needed, but at this time only a year and not permanent status as a commission is requested. 6 Proposal: The Listening Post: an opportunity for homeless people to talk Sponsor: Trinity Episcopal Church HSC Recommendation: Inform City Council, even though no city funding required Cost to City: No Cost to City Implementation Date: Volunteers will be recruited in September with training in October and services beginning in mid October, 2011. Recommendation Background:. The committee selected this program even though it will not need funding, because it was an innovative way to serve the needs of homeless people in our community. The Listening Post is a proposal submitted by Trinity Episcopal Church to provide an opportunity for homeless people to talk. The listening post will be a place for listening ogly: no counseling, no hand-outs, no preaching, no fixing, no judging, and no rescuing. Listening to people's stories is a way to recognize people as individuals, something they do not often experience on the street. We are.aware of programs in Anchorage, San Francisco and Vancouver, B.C. The proposal is to offer a fixed number of hours per week (2-4) with trained volunteers who would be able to just sit and listen with respect and confidentiality. Volunteers will not be evangelizing, and all are welcome to seek services. Volunteers will be recruited in September, with training in October and services beginning in mid-October, 2011. The three coordinators from Trinity are: Martha Hutchison, MSW, Nancy Linton, a spiritual director, and Sara.Hopkins Powell, who has experience in administration and -program development. They will be using the training materials from the Anchorage program as a basis for the volunteer training. The program will operate during the hour's that Uncle Food's Diner is open. 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L L L a y � H F H O E a 0 0 s = d Z' 0 0 0 co f0 "O J c ro m v w 0 J N N C E > 0 0 0 .0 C L L N a > a a m t C N O Q U c N O - C N 2 N CL m N Y m m u ^ t d N o 0 E a m' 6 _ O = O O L L N N N M m m m Minutes May 26, 2011 Ad hoc Homelessness Steering Committee Gresham Room, Ashland Public Library 4:00—6:00 Attendance Saldana, Rohde, Parker, Lewis, Ayars, Voisin (council liaison), Hopkins-Powell, Slattery (council liaison) Seltzer(city staff) Absent O'Bryon, Everson Call to Order Parker called the meeting to order at 4:05. Approval of Minutes Minutes of the April 28 meeting were approved with corrections. The committee discussed how to proceed with the discussion on the proposals submitted by the city. Slattery explained the proposals submitted by the city have been vetted by the City Council and that the Council said "no" to some of the proposals(camping, portable toilets, sidewalk use limit) and those proposals were not submitted. He noted that these same topics could be submitted to the HSC from the community. Ayars reported feedback from the homelessness community was the"cards were stacked" and they are less than enthusiastic to submit a proposals. Slattery encouraged service providers to submit proposals. Parker explained the proposals submitted were for group discussion and not yet for decisions. Members spoke on each proposal separately. Proposals 1) Community Outreach Workers Generally, the committee felt this proposal was cost prohibitive. Ayars, who previously lived in Santa Cruz commented that Ashland has existing services and the homelessness community resents if people are making money off them (e.g. eaming a salary as an outreach worker). She mentioned there are others that are less vocal and not "home free" that are looking for these services. Parker wondered if trained volunteers could do this work. Lewis noted the concept is good but volunteers still need to have someone supervising them and coordinating efforts. Building relationships is so important in this kind of work and there is so much turnover both with workers and the people they serve. Hopkins-Powell commented that this could be a part of something but not the entire solution, Slattery feels the same. Voisin commented some people in the faith community want to develop a mentor program. Saldana said one size doesn't fit all, mentoring may work for a limited number of people, but 1 how will those people get information about a mentor program. An outreach person is out in the field versus a person who sits at one place. Outreach workers can connect people with services. 2) Community Assistance Program Hopkins-Powell asked how this is different from what St. Vincent DePaul does. Saldana says they work out of their home and a person must be referred to a St. Vincent DePaul worker for a visit. Lewis commented this is similar to what churches already do. Ayars commented that we are already doing an annual event to connect people with existing services. Hopkins-Powell feels this has a "nugget" of a long-term solution. Voisin feels we need a place where services are provided and is easy to get to. Saldana asked if a church would be such a location. Voisin says not, it needs to be neutral and open during "off'hours, something that meets their lifestyle. Rohde does not think this proposal is good on its own but perhaps could work in tandem with other proposals. 3) Car Parks Ayars is interested in this proposal. Saldana felt it could work in church parking lots. Lewis points out his church operates with a CUP (conditional use permit) and neighbors do not like the homeless feed service in the church parking lot. Voisin thinks the committee should ask the city for possible locations. Rohde asked about liability issues and how many cars need a space. Hopkins-Powell feels we need more information. Slattery feels there would be strong resistance by neighbors regardless of location abut agrees more research is needed. The committee asked staff to contact Lane County for more information on cost, liability insurance, growth or decline in numbers. Seltzer will follow through with Chief Holdemess. 4) Periodic Medical Screening Saldana and Ayars spoke of the annual Project Connect event which will occur on June 22. There was general discussion on whether a similar event could be held in Ashland. Saldana will raise the question at the next Jackson County Homeless Taskforce on June 16. 5) Drop-in Center, Permanent Support Housing, Housing First, Transitional Housing, SRO Occupancy General Discussion on these various options. Saldana explained the only Housing First model she is aware of is in Portland. Voisin wondered is the Jackson County Housing Authority would be a partner and Saldana explained the Housing Authority does not provide care management. Rhode does not like the SRO model. Saldana thought On-track could be a partner for Housing First. Parker feels these are complex options that need more explanation and discussion. Next meeting dates Thursday, June 9, Thursday, July 14 in the Gresham Room at the Library and Thursday August 18 in the Guanajuato Room at the Library/ The meeting adjourned at 5:30 p.m. 2 ,,,,yy RESOLUTION NO� Piz— A RESOLUTION DEFINING THE DUTIES AND RESPONSIBILITIES OF THE AD HOC HOMELESSNESS STEERING COMMITTEE RECITALS: A. The City of Ashland City Council adopted a goal to create the Homelessness Steering Committee to filter and qualify stakeholder proposals to the City Council. B. The City Council seeks to work with community stakeholders on issues related to homelessness. C. The City Council believes that solutions or actions submitted by stakeholders will benefit the community. D. Two City Council liaisons will work with the committee as non-voting members. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Committee Established. The Homelessness Steering Committee(HSC)is established beginning May 4, 2011 and shall consist of up to nine voting members. The HSC will automatically dissolve after one year from the date of its approval by the City Council. During this time the Committee may notify the Council that it no longer is receiving any more stakeholder proposals and therefore should be disbanded, or it may propose that it be reorganized in a specific way that better suits its intended purpose. At the end of the year the HSC will make a recommendation to the Council regarding whether or not it should be continued. SECTION 2. Terms, Qualifications, Vacancies. 1) All members will be appointed by the Mayor with confirmation by the City Council, except for City staff designated as ex-officio, non voting members. Members shall be named by the City Council and serve until the dissolution of the Homelessness Steering Committee. 2)The City Administrator and/or their designee shall serve as an ex-officio, non-voting member of the Homelessness Steering Committee. 3) Any member of the Homelessness Steering Committee who will be absent from a meeting the member must notify the chair or the staff liaison at least two hours prior to the meeting. Any member who has two or more unexcused absences in a six month period shall be considered inactive and the position vacant. Further any member not attending a minimum of two-thirds (2/3)of all scheduled meetings shall be considered inactive and the position vacant. 4)Homelessness Steering Committee will elect a person to serve as Chair and Vice Chair from among the voting members at the first meeting. SECTION 3. Ouorum and Rules. At least six voting members shall constitute a quorum. The Homelessness Steering Committee shall establish rules for its meetings as it deems appropriate and shall meet as many times as necessary. SECTION 4. Responsibilities. The committee shall be responsible for: 1) Soliciting proposals from stakeholders to the City Council, whose intent is to address issues of homelessness in Ashland 2) Transmitting to the City Council proposals that are well-developed, factually supported, capable of implementation and fall within the Council's scope of authority to implement 3)Return to the authors those proposals that are incomplete but that have the potential to fall under#2 above, with specific recommendations for the necessary improvements and encourage resubmittal of the reworked proposals 4) Connecting stakeholders whose proposals either complement and/or duplicate each other's for possible collaboration 5)For proposals that don't fall in the above groups, suggest alternative sponsorship if possible. SECTION 5. Reports. Recommendations of the Homelessness Steering Committee to the City Council considered advisory in nature and shall not be binding on the Mayor or City Council. The Committee will report to the Council quarterly. This resolution was duly PASSED and ADOPTED this 5 day of and takes^t upon signing by the,Mayor. Barbara hriste sen City Recorder SI D APPROVED thi G day of _, 2011. John Stromberg, Mayor Reviewed as to form: TW DodWs Mc( ea , egal Co tractor CITY OF -ASHLAND Council Communication Ordinance Amending Meeting Quorum Requirements for City Boards and Commissions Meeting Date: October ]8, 2011 Primary Staff Contact: David Lohman Department: Legal Department E-Mail: david.lohman.ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: 5 Minutes Question: Should the City Council approve the Second Reading of an ordinance titled, "An Ordinance Related to Meeting Quorum Requirements for City Appointed Boards and Commissions"? Staff Recommendation: Staff recommends Council approve the Second Reading of this Ordinance. Background: On October 4, 2011, the Council approved First Reading of this Ordinance without changes. Related City Policies: Not applicable. Council Options: 1) Move to approve Second Reading of Ordinance by Title Only. 2) Council can postpone Second Reading. Potential Motions: Motion to approve Second Reading'by title only and approve adoption of the Ordinance: Attachments: Proposed ordinance Page I of I ORDINANCE NO. AN ORDINANCE RELATED TO MEETING QUORUM REQUIREMENTS FOR CITY-APPOINTED BOARDS AND COMMISSIONS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Ashland Municipal Code Chapter 2.10 [Uniform Policies and Operating Procedures for Advisory Commissions and Boards] currently contains a provision on the number of members necessary to constitute a quorum for meetings of City advisory boards and commissions that is susceptible to two different interpretations and has therefore resulted in some uncertainty; and WHEREAS, the City Council wishes to clarify the meeting quorum requirements applicable to most of the its Advisory Commissions and Boards; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.10.040 is hereby amended to read as follows: 2.10.040 Quorum and Effect of Lack Thereof. A meeting Unless otherwise ordained, a meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions. Non-voting ex officio members, staff and liaisons do not count toward the quorum. A majority of the quorum is necessary to adopt any motion. Members need not be physically present at the meeting if another means of attendance (e.g. telephonic, internet etc.) has been established by the membership and public meetings law requirements are met. If there is no quorum for a meeting, no official business shall be conducted and all matters advertised shall automatically be continued.to the next regularly scheduled meeting. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Ordinance No. Page 1 of 2 Section 2(C) of the City Charter on the day of , 2011, and duly PASSED and ADOPTED this day of 12011. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2011. John Stromberg, Mayor Reviewed as to form: David Lohman City Attorney Ordinance No. Page 2 of 2 CITY OF ASHLAND Council Communication Mount Ashland Association Agreement Clarification Meeting Date: October 18, 2011 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm @ashland.or.us Secondary Dept.: None /I Secondary Contact: None Approval: Martha Bennet�d Estimated Time: 15 Minutes Question: �� Will the City Council clarify its direction on the conditions of the Reserve Amount of$700,000 in the agreement that was approved by the City Council on October 4 related to relinquishing the SUP and conveying assets for the Mount Ashland Ski area? Staff Recommendation: Staff is seeking direction on whether the Council intended that the Reserve Amount include the amount the Forest Service requires for a restoration set aside or is in addition to any amount set by the Forest Service. Special Note: The Public Hearing on this item has been closed. Council should take no further public testimony on this item. Staff is simply requesting clarification on one term in the agreement. Background: After your last meeting, one or two Council members and the Mount Ashland Association members asked staff whether the "reserve amount" that the City Council approved at your October 4, 2011 City Council meeting is inclusive of the amount that the USDA Forest Service will require for restoration or whether the City's reserve amount should be considered in addition to the amount that the Forest Service places in an eventual SUP. After reviewing the minutes of the October 4, 2011, it does not appear that Council directly deliberated or decided on this issue. In other words, it's difficult for staff to tell what you intended. Staff requests direction from the Council on this point. There are two ways we could go: If the City's Reserve Amount can include the SUP Restoration amount, we would draft the paragraph this way: d) MAA agrees to maintain a minimum reserve of$700,000 in unencumbered funds or assets, i.e., readily transferable assets.subject to no lien ("Reserve Amount'). MAA agrees to increase the amount it maintains as the Reserve Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), US. City Average, CPI—All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the assets Page I of 2 CITY OF ASHLAND and funds maintained for the Reserve Amount. The intent of this paragraph is to ensure that at least 3700,000 in unencumbered assets and funds, as increased pursuant to this paragraph, are available to meet both the requirements of the restoration that will be required pursuant to any Special Use Permit and to return to the City under the requirements of MAA's Articles of Incorporation in the unlikely event of the MAA's dissolution. If the City's Reserve amount has to be added to the SUP amount, the paragraph would look something like this: d) MAA agrees to maintain a minimum reserve of$700,000 in unencumbered funds or assets, i.e., readily transferable assets subject to no lien ("Reserve Amount'). MAA agrees to increase the amount it maintains as the Reserve Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI—All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA shall ensure that any security interest in its assets that it has granted or•may in the future grant excludes the assets and,funds maintained for the Reserve Amount. The intent of this paragraph is to ensure that at least 5700,000 in unencumbered assets and funds, as increased pursuant to this paragraph, is transferred to the City pursuant to MAA's Articles of Incorporation in the unlikely event of the MAA's dissolution. This is in addition to any amount required by the Special Use Permit issued to MAA by the USDA Forest Service. Council Options: • Direct staff that the Reserve amount can include the amount that the Forest Service will include as part of the SUP. • Direct staff that the Reserve amount is in addition to the amount that the Forest Service will include in the SUP. Potential Motions: • 1 move that the intention of the City Council was to include the amount the Forest Service will require in the SUP as part of the $700,000 reserve amount and that this is not a cumulative amount. • 1 move that the intention of the City Council was that the City's Reserve amount is in addition to the amount that the Forest Service will require in the SUP. Attachments: Revised Agreement as currently drafted Page 2 of 2 ��, AGREEMENT WHEREAS, the City of Ashland, as lessor("the City"), and the Mt. Ashland Association, as lessee ("the MAX'), on or about July 9, 1992, entered into the Mt. Ashland Ski Area Lease ("the Lease") a copy of which is attached hereto and marked as Exhibit "I"; WHEREAS, the City desires to surrender to the United States Department of Agriculture Forest Service Special Use Permit ("the Permit") as described in the Lease if a comparable permit is issued to MAX and the MAA desires to have the Permit or a comparable permit issued to it; WHEREAS, the City is the owner of certain improvements in and on that certain real property located on Mt. Ashland in Jackson County, Oregon, which is described in and is subject to the Permit ("the Permit Property"); WHEREAS, the City is the owner of certain personal property, fixtures, furnishings, inventory and items of equipment used in connection with the operation of the Mt. Ashland Ski Area and/or located on the Permit Property including but not limited those items described in the Lease and identified in Exhibit "B" to the Lease (the "Equipment"); and WHEREAS, the City has determined that it would improve MAA's ability to provide winter recreation to the Rogue Valley, which is beneficial to the economy of the region if MAA became the holder of the Permit and the owner of the property; and WHEREAS, the City has further determined that it would reduce the potential legal and financial liability of the City to convey the Permit and property to MAA; and WHEREAS, the City has determined that conveying the Permit Property and Equipment to the MAA would further the public interest and the MAA desires to receive the Permit Property and the Equipment to-use in the operation of the Mt. Ashland Ski Area; Based on the foregoing and the mutual promises and covenants contained herein, the City and the MAA shall as soon thereafter as practicable accomplish the following: 1. The City will surrender the Permit to the Forest Service, and the MAA will apply for issuance of the Permit. The City agrees to assist reasonably the MAA in the process of issuing the Permit or a comparable permit to the MAX 2. The City shall convey whatever interest it has, or by rights should have, in and to the Permit Property and the Equipment to the MAA by execution of a bill of sale for personal property and a statutory quitclaim deed for real property. 3. Upon issuance of the Permit or a comparable permit to the MAA, the provisions of the Lease shall have no further force or effect whatsoever, except that MAA will remain responsible for any amounts the City is required to pay pursuant to the Permit as a result of the City's surrender of the Permit. 4. The parties further agree that: Page 1 of 4 a) The City shall have the right annually to appoint one person to serve as a non-voting liaison to the Board of Directors of the MAA. The City's liaison will be provided with all information provided to directors, except that the City's liaison will not participate in personnel or legal matters. b) MAA will provide the City with copies of all architectural, engineering, construction and logging plans, including without limitation any related environmental impact studies, relating to any improvements contemplated by MAA within the Permit Property, now or in the future. MAA will deliver such plans to the City no less than thirty(30) days prior to the commencement of any construction, earth movement or logging. Within 30 days of receiving the plans from the MAA, the City may but is not required to conduct a technical review of MAA's plans with respect to its impact on water quality, including without limitation erosion, sedimentation, stormwater, revegetation, watershed restoration, wetlands, and spill control. MAA agrees to confer with the City in good faith on any matters raised in a technical review relating to water quality. The City of Ashland may appoint a representative to provide daily on-site monitoring and inspection during any earth movement, logging or construction, and MAA agrees to provide access to the City's representative. MAA and the City will confer with the USDA Forest Service and any affected regulatory agencies if issues are identified during construction as ones that will affect water quality, erosion, sedimentation, and spill control. C) MAA agrees to comply with any obligations imposed with respect to sedimentation in Reeder Reservoir in the July 2007 Total Daily Maximum Load (TMDL) document prepared by the Oregon Department of Environmental Quality to meet the requirements of Section 303(d) of the 1972 Federal Clean Water Act. d) MAA agrees to maintain a minimum reserve of$700,000 in unencumbered funds or assets, i.e., readily transferable assets subject to no lien ("Reserve Amount"). MAA agrees to increase the amount it maintains as the Reserve Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI —All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the assets and funds maintained for the Reserve Amount. The intent of this paragraph is to ensure that at least $700,000 in unencumbered assets and funds, as increased pursuant to this paragraph, is transferred to the City pursuant to MAA's Articles of Incorporation in the unlikely event of the MAA's dissolution. e) The MAA agrees that it will not proceed with any logging, earth movement, or construction activities related to the portion of the expansion identified as Phase 1 until MAA has received a combination of cash contributions, binding financial commitments, and performance bonding necessary to cover the entire cost of the Phase I improvements. The final details of the projects included in Phase I will be defined by permits issued by the USDA Forest Service, but Phase I can generally be described as the Ski Run Settlement Sale, a chairlift with new lower intermediate and novice runs, a warning hit, additional parking spaces, the widening of several existing runs, and 23 watershed restoration projects. Page 2 of 4 f) The MAA agrees not to amend its articles of incorporation, without the express written consent of the City, in any way that would impair its current provision that, in the event the MAA dissolves, all of its assets which remain after MAA's creditor claims and other obligations are satisfied shall be distributed to the City. g) The MAA agrees that in the event it dissolves, that none of its assets shall be distributed to a director, officer or other private person or private entity. h) MAA agrees that it will not, without the express written consent of the City, which consent shall not be unreasonably withheld: (1) transfer or convey to another person or entity the Permit or the comparable permit issued to MAA as contemplated in this Agreement; or(2) enter into an agreement with any other person or entity whereby the rights and obligations under the Permit or the comparable permit issued to MAA as contemplated in this Agreement would be assumed by any other person or entity. i) MAA will reimburse the City for the City's reasonable attorney fees and any other out-of-pocket expenses up to $7,500 incurred in connection with the negotiation and performance of this Agreement through the date the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. The City will provide MAA with a complete accounting of its attorney fees and out-of-pocket expenses within thirty (30) days after the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. MAA will pay the amount owed under this paragraph within ten (10) business days after the City delivers its accounting of those fees and expenses. 5. This Agreement is conditioned on the Forest Service issuing to MAA the Permit or a comparable permit and, with the exception of Paragraphs 3 and 4(i), shall be of no force or effect if that condition is not met on or before December 31, 2012. 6. Miscellaneous: a) There are no oral agreements or representations between the parties hereto which affect this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, warranties, representations and understandings, if any, between the parties. b) The paragraph headings set forth in this Agreement are set forth for convenience purposes only, and do not in any way define, limit or construe the contents of this Agreement. C) If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then that determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect. d) It is the intention of the parties that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. Page 3 of 4 e) If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in that suit or action or any appeal there from shall be entitled to recover, in addition to any other relief, the sum which the court may judge to be reasonable attorney fees. I) Any notice required or permitted under this Agreement shall be deemed to have been given and delivered when personally delivered or when deposited in the United States mail, as certified mail, postage prepaid, and addressed to the last-known address of the party being provided with the notice. g) The MAA may not assign its interest in this Agreement to any third party without the express written consent of the City. This agreement shall inure to the benefit of and shall be binding upon the City and any permitted successors and assigns of MAA. h) This Agreement is being executed in two counterparts, each of which shall be an original, and both of which shall constitute a single instrument, when signed by both of the parties. i) Waiver by either party of strict performance of any of the provisions of this Agreement shall not be a waiver of, and shall not prejudice the party's right to subsequently require strict performance of, the same provision or any other provision. j) The consent or approval of either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act. k) This Agreement shall be governed and performed in accordance with the laws of the state of Oregon. 1) In the event of a dispute pertaining to this Agreement, the parties agree to attempt to negotiate in good faith an acceptable resolution prior to commencing litigation. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non- binding mediation before commencing litigation. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Jackson County, Oregon, and agrees that any legal proceedings with respect to this Agreement shall be filed and heard in the appropriate court in Jackson County, Oregon. Date: Date: MT.ASHLAND ASSOCIATION—LESSEE CITY OF ASHLAND,OREGON—LESSOR By: By: Title: Title: Page 4 of 4 CITY OF ASHLAND Council Communication A Resolution to Adopt the Biennial Budget for the City of Ashland Beginning with Fiscal Years 2013-2014 and 2014-2015 Meeting Date: October 18, 2011 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl @ashland.or.us Secondary Dept.: None / Secondary Contact: None Approval: Martha Bennep Estimated Time: 10 Minutes Question: ��%%��,, Will the Council approve a resolution replacing the annual budget process with a biennial (or two- year) approach, beginning with the budget for July 1, 2013 through June 30, 2015, and for each biennium thereafter until this resolution is repealed? Staff Recommendation: Staff recommends that Council approve the resolution. Background: Council's stated goal was to implement a biennial budget for FY 2012-2013. This action will meet Council's goal one year later. Council held a study session on this topi0on September 19, 2011. Concerns identified during the session included: • Timing in relation to the State's biennium, PERS rate changes for employers, and Ashland's social service grant allocations (all done for two years). • Timing in conjunction with replacing the City Administrator. • Operational issues in the two years that revenues or expenses must change. After significant discussion, staff offered to bring a resolution adopting a biennial budget approach beginning with the two fiscal years starting July 1, 2013, to Council for consideration. Staffwill also take the opportunity to model the two-year format during the coming single-year budget preparation for FY 2012-2013, to help address questions and provide a better understanding for Council and the Budget Committee. The attached resolution adopts, and delays, the biennial budget process for the above reasons. The City and Budget Committee will begin the next budget process in early calendar year 2012, for the fiscal year beginning July 1, 2012 and ending June 30, 2013. Unless Council takes ancillary action, fiscal year ending June 30, 2013, will be the last single-year budget. Related City Policies: None Page 1 of 2 lL CITY OF ASHLAND Council Options: 1. Approve the resolution as presented, establishing a biennial format as standard, beginning with fiscal years 2013-2015. 2. Approve a revised resolution as desired 3. Take no action, maintaining the single-year budget process. Potential Motions: 1 move to approve a resolution adopting the standard of a biennial budget for the City of Ashland beginning July 1, 2013. Attachments: Draft Resolution Page 2 of 2 FAIR RESOLUTION NO. A RESOLUTION ADOPTING A BIENNIAL BUDGET PROCESS FOR THE CITY OF ASHLAND, EFFECTIVE WITH THE TWO FISCAL YEARS BEGINNING JULY 19 2013 THROUGH JUNE 309 2015, AND THEREAFTER UNTIL THIS RESOLUTION IS AMENDED OR REPEALLED THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The City of Ashland follows the Oregon Local Budget Laws ORS 294 in preparing its budget. ORS 294.311 provides for Oregon municipalities to adopt a biennium (or two year) budget. The governing body(elected board) decides on whether a biennial budget is prepared. Absent such a decision, ORS requires a one-year budget. Adopting a two year budget process and a biennial budget for the City is thought to provide: • Savings in time and effort by eliminating the formal budget process every other year • Opportunities for better fiscal planning and review in the "second year" • Better control by considering twenty-four months when projecting revenues, expenditures, capital improvements and reserves SECTION 1. Council has set moving to a biennial budget, effective for the FY 2013-2015 period, as a goal. . SECTION 2. The City Charter and the Ashland Municipal Code do not prohibit the City from using a biennial budget. SECTION 3. With this resolution, Councir directs staff to take the necessary steps to prepare, approve and adopt biennial budgets for the City of Ashland, beginning with the budget for the period of Julyl, 2013, through June 30, 2015. SECTION 4. This resolution takes effect upon signing by the Mayor. This resolution was read by title only, in accordance with Ashland Municipal Code §2.04.090, and duly PASSED and ADOPTED this day of October, 2011. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 The Climate Reality Project r l,�I I • ' r o . al Iona / . r F y r ASh and y� et qr 0 e '�. Str shy a �� ° � o .:a sop OLearn About Climate Change Impacts In AA O No Host Wine and The Rogue Valley Beer OLive Web A Q Learn How To Take Presentations Local Action from Boulder,CO *City of Ashland &Victoria,BC Energy And Water Sustainable Rebates and Incentives Business Presentations Q Complimentary Q Exhibits For All Ages Finger Food & Beverages QFree Prizes a Sponsored by the Ashland Conservation Commission k Venue, Food, Beverages, poster design and Prizes Graciously Supplied By: H`St° 136 Science, .- SPORT' }�'�X At �. ° J �•d , onzteen � F Vii ne iuiiYnY •— owq nr �shlando}od�6o op - _ og rnor, h, a lease contact: cIimatechangerv@m l.�co 8=5 I MINUTES 6-8 p.m. —August 24, 2011 Community Development Building CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm. Attendees: Risa Buck, Thomas Beam, Sheri Cellini, Stuart Corns, Cat Gould, Jim Hartman, Jim McGinnis, and David Runkel were present. ' City Council Liaison: Carol Voisin, Staff Representative: Lee Tuneberg, Larry Giardina, Robbin Pearce, and Mary McClary. INTRODUCTION OF RECOLOGY INTERN Kye Mihaljevich,an energy management major at Lane Community College,will be doing an intern with Recology for approximately a month. He gave the Commissioner a brief background and the Commission introduced themselves to Kye. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for July 27, 2011. Chairperson Hartman wanted a statement added to explain we believe the City will not have to pay Tier II power . rates for approximately one year. Commissioner Buck corrected the spelling of Chico. Commissioner Buck made a motion to approve the minutes as corrected and Commissioner McGinnis seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PUBLIC FORUM No one present. ANNOUNCEMENTS The next Commission meeting will be Sept 27, 2011. Commissioner Buck announced Recology is collecting old running shoes to help Nike with their recycling efforts. Chairperson Hartman went over the agenda and timeline for the meeting. NEW BUSINNESS Item B. from New Business: Rain Water Harvesting Policy—Robbin reported Rick Hackstock, the City of Ashland's building inspector, is working on a policy and procedures for rainwater harvesting. Robbin and Rick will both present the policies and procedures for the Jackson County rain barrel class on September 14, 2011. The event has been listed in the Ashland City Source. Grey Water---The end of August is the deadline for DEC, and she believed they have moved the deadline to November, but does not have that confirmed. She will keep the Commission posted. Local Source for Local Bags—Robbin has not yet contacted Tracy Harding regarding a proposal for mass production of the bags and what they would cost. She would like to see them used as a give-away for Earth Day. Update on Water Master Plan—Robbin updated the Commission about the Ashland Water Advisory Committee last meeting,where they discussed storage and pumping capacity options. The two main solution options are: 1) Mini Tap-tying into Talent Water 2) New Water Treatment plant for drinking A. Additional Classes for Worm Set aside B. Name change for the Commission Also Item E: Sustainability Planning Goal Commissioner McGinnis and Corns went over a memo they sent to the other Commissioners and asked the Commission to meet from 4-6 hours on a weekend in October to develop a Sustainability Commission Charter and goals to be presented to the City Council. On December 2010 the Conservation Commission recommendations to the City Council with regards to Sustainability Planning were: Adopt a goal to develop a concise Ashland City and Community Sustainability Action Plan The recommendation to implement the plan would be for the City to appoint a citizen ad-hoc committee or task force. In January 2011,the City Council adopted the goal: "Develop a concise sustainability plan,for the community and for City operation". In their April working group meeting,the City Council notes reported: "Council majority did not support an ad hoc committee and was interested in the Conservation Commission taking on a form ofsustainability planning. The Conservation Commission would involve the Planning, Transportation, Budget, and Airport Commissions as needed. Council saw sustainability as two plans, one for the City and the otherfor the community". Related to providing City support for the Sustainability,Planning Goal adopted by City Council, in May at a Budget meeting,Martha Bennett recommended that the City Council approve a Deputy City Administrator position and a Conservation Division Manager position. The budget committee approved the deputy position, but voted 7-7(thus a no)against funding the Conservation Division Manager position. Subsequently,Conservation Commissioners met with all but one City Councilor to argue in favor of getting them to approve funding the Conservation Manager Position at next city Council meeting. We heard from the majority of City Counselors that they did not wish to go against the budget committee recommendations. They would like to see a full time Conservation Manager who could dedicate a 25%minimum toward supporting sustainability planning,building the Conservation Division programs. Commissioner Corns is strongly in favor of having a separate retreat meeting, so they can come together as a group to develop their goals and straggles for the future rather than adopt or lake ownership of other people's ideas. The members discussed the possibility of an October retreat and how they would approach a sustainability committee/commission. Councilor Voisin pointed out by coming up with a plan and presenting it to the Council, showed support and leadership towards the Council goal. Commissioner Runkel believed it was important to use the retreat to develop a sustainable action plan, and not so much re-create the charter. Commissioner Buck believed before they construct and commit to constructing plans,the Commission needs to be connected with their political leaders and not make assumptions. She would like to see a letter of intent drafted and sent to the Council. Commissioner McGinnis believes the Charter, if approved, by Council would then address these issues. Commissioner Beam questioned if any portion of Conservation would be left out and reminded the Commission he is comfortable working for Conservation, but a Sustainable Commission is a much larger project. Commissioner Beam made a motion that the Conservation Commission sends a letter to be read at the Council meeting, September 13th,prior to the Commission retreat in October, and in regards their goal to change into the Sustainability Commission. The members discussed this item placed on the consent agenda and also just having members discuss this issue with some of the Councilors. Commissioner Gould wondered what would be different between the Conservation Commission and the Sustainability Commission. Larry Giardina summed up the present duties of the Commission is to advise over energy and water conservation activities, and what they would be asking the Council to do is give the Commissioner a broader authority to allow them to advise over many Commission's activities in many fields other than energy and water. Commissioner Cellini feels the Council does not necessarily take this Commission seriously because AWAC did not include anyone from the Conservation Commission and felt they should have been a voting member with this committee. She feels the Commission needed to be involved. Commissioner Beam suggested he may not be the right person to move from the Conservation Commission to a Sustainable Commission but supports creating a charter, action plan and feels there should be more regional involvement. Commissioner Beam made a motion to add a 13'h meeting this year. Commissioner Beam withdrew both motions. Commissioner Runkel was in favor of drafting out a plan,then asking Council for endorsement. Commissioner McGinnis was in favor of speaking to different councilors and postponing a retreat to November. The Commissioners talked about what would be the best approach to accomplish this goal, including a retreat, drafting a letter, goals, City Council goals, and/or forming a subcommittee. Chairperson Hartman would like to see a retreat that would be focused, organized and able to move forward with an action plan and charter. Commissioner McGinnis made a motion that the Commission meet on October 22 for 4-6 hours to define our mission and charter as a sustainability Commission to fit with the City Council goals and any other sustainability area that were relevant. Motion was seconded by Commissioner Runkel Motion withdrew, second withdrew. Commissioner Cellini moved the Commissioner move the September meeting from September 2e to September 27 h, focusing the entire meeting on a draft outline for the sustainability Commission. The motion was seconded by Commissioner Beam. Voice Vote: All Ayes. The motion passed with a unanimous vote. The members formed a subcommittee to meet ahead of time to do some prep work on constructing a letter to the Council. (Jim McGinnis, Stuart Corns, Cat Gould and Sheri Cellini will meet.) Lee Tuneberg spoke to the Commission regarding the structure of a letter to the Council. Item F Budget Prepaid Leaf Bags Commissioner Buck gave the history of this project and the Commission participation. She announced Recology will be holding 3 free leaf drop off days. Public Works Department contributes $500.The members discussed different options. Larry Giardina reported to the Commission regarding the LED winter light project they discussed in past meetings. The Festival of Lights event is paid for by the Chamber of Commerce, approximately$20,000 a year. They do have a plan to change all the lights to LED lighting and have created a standard. Other options include funding snowflakes or a lantern at approx. cost of$250.00 a lantern. Commissioner McGinnis made a motion to contribute $300.00 to the Leaf Bag Program. The motion was seconded by Commissioner Cellini. Voice Vote: All Ayes except Commissioner Buck who did not vote. The motion passed with a majority vote. Old Business, Item B North Main Road Diet Commissioner Runkel spoke to the Commission about concerns regarding the project and the environment. He would like to see an environmental study be proposed to the City Council, to determine the consequences of converting the mile and one-half of North Main Street. He doesn't believe anyone has looked at that aspect, and as a Conservation Commission, they should address any energy usage, and potential environmental problems. The commissioners discussed different aspects of the project, including safety, property values, businesses, different areas in the city, sustainability aspects and making changes without knowing the outcome. Commissioner Runkel made a motion the Conservation Commission urges the City Council to do an environmental and energy impact study concerning the "Road Diet". The motion was seconded by Commissioner McGinnis. Voice Vote: All Ayes. The motion passed with a unanimous vote. Chairperson Hartman will draft a letter for the Commission to review. Commissioner McGinnis asked if the Commission would be willing to sponsor his event on September 24`". He asked for 3 posters that would highlight the goals and conservation measures. Commissioner McGinnis made a motion that the Conservation Commission officially becomes a sponsor of the Climate Change Reality presentation on September 24, 2011, at the Ashland Armory. Commissioner Gould seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. Quarterly Liaison Report Recology--postponed COMMISSION ITEMS NOT ON AGENDA Set aside ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10 pm. Respectfully submitted by: Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Community Development office at 541 4188-5305(TTY phone number is 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 Titlet). CITY OF ASHLAND 1W CONSERVATION COMMISSION MINUTES 6-8 p.m. —September 27, 2011 Community Development Building---To be approved at the October 26r n, Commission meeting CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm. Attendees: Risa Buck,Thomas Beam, Sheri Cellini, Stuart Corns, Cat Gould,Jim Hartman, Jim McGinnis, and David Runkel were present. City Council Liaison: Carol Voisin, Staff Representative: Lee Tuneberg, Larry Giardina, and Mary McClary. INTRODUCTION OF GUEST Mark Weir from Strawjet Corporation attended the meeting to better understand the Commission and what they. accomplish. The members introduced themselves and Mark spoke of this background. Strawjel Corporation, based in Talent, Oregon builds alternative wood products primarily for east Africa,and Indonesia. His background included: environmental sustainability, Clean Development Mechanism projects throughout the world, and they are gold standard certified. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for August 24, 2011. Commissioner Corns made a motion to approve the minutes as stated and Commissioner Runkel seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PUBLIC FORUM No one present to speak. Chairperson Hartman reminded the Commission at the-August 24'" meeting they passed a motion to spend the entire meeting on the Sustainability letter to be brought in front of the City Council, but Commissioner McGinnis was present at that time, so he went on to other business. Chairperson Hartman went over the agenda and timeline for the meeting. ANNOUNCEMENTS Set aside to end of meeting. The next Commission meeting will be October 26, 2011. NEW BUSINNESS Item B. from New Business Removed Item C from New Business Removed Item A.from New Business: Sustainability Commission Draft Outline Waiting for Commissioner McGinnis Item A.from Old Business: Will be covered with Item A from New Business Item C. from Old Business: 4`"of July Planning Set aside until next meeting. Chairperson Hartman spoke to the Commission about the refurbishing of the compost area at the Recycling area, and the members supported their efforts. Item B from Old Business: Road Diet Commissioner Runkel put together a letter from discussions from the last meeting, to be submitted to the City Council asking for an environmental impact study to be performed in relationship to the upcoming project. The members discussed the letter content and any changes they would like to add. Councilor Voisin spoke to the Commission about the estimated cost of an environmental impact study and the members then looked at different ways to obtain the information they requested, possibly from other cities. She stated the purpose of the Road Diet was for safety and to encourage multi forms of transportation. The members discussed how this project would ft nicely with a Sustainability Commission. Commissioner Runkel pointed out this Commission would be primarily concerned with the environmental impact and without additional information,the City does not know if it impacts the area or not. They discussed the pros and cons. Chairperson Hartman asked to change the intent to an environmental assessment, instead of impact, and also to research what other cities have learned. Commissioner Buck pointed out if the re-alignment of Hersey and Wimer was done first, then the Road Diet would have been a second step. Commissioner Runkel will take the changes and rewrite the letter to be presented to the Commission at the next meeting that would include additional issues, including environmental issues,without a huge expense. Commissioner Beam suggested keeping in mind the successes.of the Road Diet that could be used as a platform in other areas of the City. Commissioner Buck announced that they are putting up signs at the Recycling center: "Kindly turn off your engine while unloading, we thank-you with every breath we take." Items D, E, and F from Old Business: Grey Water Update Local Source for local Bags Update on Water Master Plan Larry Giardina went over the memo Robbin Pierce sent to the Commission dated 09/27/11 regarding Rainwater Harvesting Policy, Greywater, Cloth bags for Earth Day giveaway, AWAC and Green Business. The Commissioner look some time to read over the memo: Rainwater Harvesting Policy—Rick Hackstock, Plumbing Inspector has submitted a draft to Mike Grubbs, Building Official and Bill Molnar, Planning Director for review. Here is a link for the details which we can discuss at a future meeting. . http://www.deg.state.or.us/wg/reuse/graywater.htm (Ongoing) Greywater—DEO issued its ruling and the resulting policy and procedure is available for viewing at the ruling is strict and will result in a slow measured implementation. (Ongoing) Cloth bags for Earth Day giveaway— I have been in contact with a local vendor and will be receiving a bid (Ongoing) AWAC—The next meeting is scheduled for tomorrow September 28`".This group has not met since your last meeting. (Ongoing) Green Biz—I gave an update to the Parks Commission last month. I am working to certify Noble Coffee and New Age Cleaners. (Ongoing) Councilor Voisin relayed information she received from the Mayor of Central Point,who stated Medford does not have a water conservation policy of any kind and either does Central Point. She remarked the City of Ashland may be a pioneer in establishing policies for conservation and supporting a Conservation Commission. Item A from New Business: Sustainability Commission Draft Outline Item A from Old Business: Member's reflection of Goal summaries/Reconstruction/Retreat Lee Tuneberg explained the agenda for the City Council meeting on October 4`"has already been finalized, so if this letter receives approval from this Commission, the soonest it could be placed on the Council's agenda is October 18`". He also explained the difference between a consent agenda and new business in regards to the Council meetings. Commissioner McGinnis arrived and the Commission discussed the letter that was drafted by the sustainability subcommittee on August 30`", 2011. They reviewed sustainability mission statements and statements of purpose: Sausalito, CA, Flagstaff,AZ, Bloomington, IN, Benicia, CA, Lincoln City, OR, Red Wing, MN, Sedona,AZ, Dunwoody, GA, Carbondale, IL, Eugene, OR, and Portland, OR. They discussed the pros and cons of what a Sustainability Commission mission and purpose would consist of based on Ashland's specific unique character and circumstances. DRAFT The Conservation Commission recommends that the Conservation Commission be re-chartered as the Sustainability Commission. We think that a Sustainability Commission will better support the City Council in meeting current and future sustainability related Council goals, as well as support sustainability on a citywide basis. The new Sustainability Commission will broaden the current scope of the Conservation Commission, and will regularly work together with other City Commissions and Committees in areas related to sustainability. It is our assessment that the current Conservation Commission has been doing excellent work within our current scope of operations. However, since the original chartering of the commission in 1995, a more comprehensive understanding and acceptance of sustainability(which includes the current Conservation Commission scope) has emerged and has become broadly accepted by the general citizenry. We anticipate that the re-chartering of the new Sustainability Commission will involve disbanding the current Conservation Commission, and initiate a new Sustainability Commission application process. If the City Council concurs with our re-chartering proposal, the Conservation Commission will convene a 4-6 hour session in October to flesh out a new Sustainability Commission charter, draft goals and objectives for City Council deliberation and approval in November. Below is our recommendation for the mission and purpose of the new commission: DRAFT Sustainability Commission Mission: To enhance environmental, social, and economic sustainability, the Sustainability Commission shall advise the City Council regarding policies,programs, regulations and strategies that will guide city operations, public awareness and action, toward best practices with measurable outcomes. Sustainability Commission Purpose: The commission is charged with the following roles and responsibilities: a. Develop and implement outreach and education-programs that inform, engage, and promote sustainable practices. b. Review and propose sustainability related policies:Evaluate and make recommendations to Council regarding existing and potential new Council goals, regulations, incentive programs and policy documents to further promote sustainability. c. Advise on policy matters related to sustainable practices and climate change adaptation/mitigation including: • Energy(demand, supply) • Air(quality) • Water(consumption, supply, quality, wastewater, grey water, water policy, education) • Waste (composting, reuse, recycle) • Green Infrastructure (parks, open space) • Built Environment(green zoning land building codes, building design) The members were highly disappointed different city projects do not include the Conservation Commission when establishing these projects, for example,A WACK and the Road Diet. The members discussed different ideas and changes to the letter, sustainability responsibilities, establishing a charter, impact on the city and city staff,costs and finances, educational processes, frame work, liaisons for other commissions, clear goals, received guidance from Council, budget committee, different departments within the city, directions or mandates, policies, member qualifications, understandable definition of sustainability, UN definition of sustainability, Valdez principles, existing comprehensive plan and specific changes they want to make to the letter Itself. Commissioner Beam made a motion to adopt the letter to the Council regarding changing the Conservation Commission to a Sustainability Commission with stated changes. Commissioner Buck seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. Revised letter: September 27, 2011 Final Draft Dear Council Members, In response to the request from City Council to"Develop a concise Sustainability plan for the community and for City operations" (per Jan. 2011 Council minutes), and the interest from City Council majority in the"Conservation Commission taking on a form of sustainability planning" (per Apr. 2011 Council working group notes), the Conservation Commission recommends that it be re-chartered as the Sustainability Commission. The Conservation Commission was originally chartered in 1995. It does not include the more contemporary aspects of sustainability issues, as currently accepted by the Council and general citizenry. The Conservation Commission anticipates that the re-chartering of the new Sustainability Commission will involve disbanding the current Conservation Commission, and initiate a new Sustainability Commission application process. -A Sustainability Commission will better support the City Council in meeting current and future sustainability related Council goals, as well as support sustainability on.a citywide basis. This new Commission will work in a research and advisory role with other city commissions and committees, and include aspects of sustainability as outlined in our proposed Mission and Purpose below. If the City Council concurs with this re-chartering proposal,the Conservation Commission will convene a 4-6 hour session in October/November 2011 to flesh'out a new Sustainability Commission charter,draft,goals and objectives for.City Council deliberation and approval in November/December 2011. Definition of Sustainability: The Conservation Commission July 28, 2010 letter to the Mayor and City Council defined sustainability as "Meeting the heeds of the present generation without compromising the ability of future generations to meet their needs;including protecting the environment, developing a healthy economy, and ensuring social equality'(follows 1987 UN WECD definition of sustainability). Below is our recommendation for the mission and purpose of the Sustainability Commission: RECOMMENDED MISSION AND PURPOSE Sustainability Commission Mission: To enhance environmental, social, and economic sustainability, the Sustainability Commission shall advise the City Council regarding policies, programs, regulations and strategies that will guide city operations, public awareness and action, toward best practices with measurable outcomes. Sustainability Commission Purpose: The Sustainability Commission is charged with the following roles and responsibilities: a. Develop and implement outreach and education programs that inform, engage, and promote sustainable practices. b. Via liaison with other City Commissions and Committees, review and propose sustainability,related policies: Evaluate and make recommendations to Council regarding existing and potential new Council goals and the Comprehensive Plan, regulations, incentive programs and policy documents to further promote sustainability. c.Advise on policy matters related to sustainable practices and climate change adaptation/mitigation including: • Energy(demand, supply)e.g. supporting 2011-2012 City Council goal: "Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands. • Air(quality) e.g. dust abatement, noise pollution, greenhouse gas reduction. • Water(consumption, supply, quality, wastewater, grey water,water policy, education) • Waste Prevention and Diversion (reduce, reuse, recycle, compost) • Green Infrastructure(parks,open space)e.g. native planting to reduce water requirements and reduce fire hazard. • Sustainable Building Practices(green zoning and building codes, building design) e.g. Rice Park • Transportation (transit, bike, pedestrian, vehicle) • Businesses that produce/promote sustainable products and services; eco-tourism (e.g Standing Stone • Agriculture/Food Security e.g. farms, community gardens, farmers markets, farm-to-school • Other related issues that directly affect sustainability efforts considered by Council. d. Advise Council on possible partnerships to implement citywide and regional sustainability programs. Lee explained about the Council Communication that would accompany the letter to the City Council. Quarterly Liaison Report Recology—postponed until October meeting. COMMISSION ITEMS NOT ON AGENDA Set aside ANNOUNCEMENTS (Set aside to end of meeting). The next Commission meeting will be October 26, 2011. Bear Creek Festival will be held on October 1,2011. The members talked of possible dates for a retreat, October 22,29`", November 5th or 12th, or 19th". Commissioner Buck announced the annual plastic round up , held October 14, and 151"at the Armory from 9-4pm. Commissioner McGinnis reported the Climate Change Reality Presentation Event was attended by 160 people and he felt the event met their expectations. He asked the Commission for reimbursement of funds for a technician ($125.00)and flyers($130.00). The Commission set aside budget requests until their next meeting. Commissioner Beam----------- Commissioner McGinnis announce a informal pot luck at his home for people who helped with his event, either on the 91"or 12 from 5-7pm. Councilor Voisin announced October 13'"is the deer census, deerashland @gmail.com to- volunteer. ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10 pm. Respectfully submitted by: Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting, please contact the Community Development office at 541 A88-5305(TTY phone number is 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 Titlet). CITY OF ASHLAND �il., The Ad Hoc Homelessness Steering Committee would like to respond to the city staffs Recommendations re.the HSC's proposals presented to you on 10/04/11. Portable Toilets: Our committee believes that it is the responsibility of the City of Ashland to provide the public with access to toilets 24 hours/day, 7 days a week. This is a public health issue,and creates problems for everyone, including business owners, residents,and visitors alike,when these basic facilities are not available to the public. The cost of providing portable toilets in 3 locations is minimal: $1,026.00 41,578.00/year/unit,and could be funded by contingency fund monies currently within the city's budget. The HSC believes that one portable toilet is too few to be considered a feasibility study. Day Use Center: The HSC believes that a day-use center is a major need for our community, providing laundry,showers,and basic services for needy individuals and families in Ashland. We believe that a day-use center would relieve some of the stress that is currently felt by downtown business owners and community members alike,and that the concept, if not the specifics,should be endorsed by the Council. Our committee is committed to helping this become a reality by identifying and partnering with churches,volunteers,service organizations,and social service agencies in our community. Donation Boxes: The HSC feels that one donation box is an insufficient number to be considered on a trial basis. In order for the concept to work, there would need to be a minimum of 4 boxes placed in and around the downtown area. The Committee is eager to work with the Chamber and City to create appropriate and sensitive signage,and to identify non-profit, social service agencies to distribute the funds collected to benefit the homeless in our community. The cost to the city is minimal, and would require only the labor to install the boxes. The Homelessness Steering Committ ee seeks to work with the City of Ashland and community stakeholders in a collaborative manner to find solutions to address the issues surrounding homelessness,and to help strengthen the overall support for the homeless in our community. As the governing body of the City of Ashland,it is the responsibility of the City Council to ensure that these needs are addressed in a timely manner. On behalf of the Ad Hoc Homelessness Steering Committee,we.thank you,for the honor of serving our community. Respectfully; Heidi Parker,Chair Rich Rohde,Vice Chair Homelessness Steering Committee 5a,b-A� NXAC*d ro�r8�i/ CITY OF ASHLAND Three Options for Direction on Paragrah 4. d) I. If the City's Reserve Amount can include the SUP Restoration amount, we would draft the paragraph this way: d) MAA agrees to maintain a minimum reserve of$700,000 in unencumbered funds or assets, i.e., readily transferable assets subject to no lien, inclusive of and not in addition to any unencumbered funds or assets MAA maintains pursuant to the Property restoration requirements of any USDA Forest Service Special Use Permit ("Reserve Amount'). MAA agrees to increase the amount it maintains as the Reserve Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI—All Items ("standard reference base period° 1982- 84 = 100) in the previous twelve (12) calendar months. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the assets and funds'maintained for the Reserve Amount. The intent of this paragraph is to ensure that at least $700,000 in unencumbered assets and funds, as increased pursuant to this paragraph, are available to meet the Property restoration requirements of any USDA Forest Service Special Use Permit, with the remaining assets and funds returned to the City under the requirements of MAA's Articles of Incorporation in the unlikely event of the MAA's dissolution. 2. If the City's Reserve amount has to be added to the SUP amount, the paragraph would look something like this: d) MAA agrees to maintain a minimum reserve of$700,000 in unencumbered funds or assets,'i.e., readily transferable assets subject to no lien ("Reserve Amount'). MAA agrees to increase the amount it maintains as the Reserve Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI—All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the assets and funds maintained for the Reserve Amount. The intent of this paragraph is to ensure that at least $700,000 in unencumbered assets and funds, as increased pursuant to this paragraph, is transferred to the City pursuant to MAA's Articles of Incorporation in the unlikely event of the MAA's dissolution. The Reserve Amount required by this paragraph is in addition to any amount required by the Special Use Permit issued to MAA by the USDA Forest Service. Page 1 of 2 �r, G 1 T Y - O F ASHLAND 3. The original paragraph that was in the August 30, 2011 version of the agreement was tied to the SUP. d) The Permit or a comparable permit will require MAA to maintain a "Restoration Amount, " which shall mean and refer to the maintenance of available funds or assets by the MAA to cover area restoration in the unlikely event of the ski area closure. MAA agrees to increase the amount it maintains as the Restoration Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-Q), U.S. City Average, CPI—All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA further agrees that it shall at all times maintain the Restoration Amount (as increased pursuant to this paragraph) in unencumbered funds or assets, i.e., readily transferable assets subject to no lien. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the funds maintained for the Restoration Amount. Page 2 of 2 1