HomeMy WebLinkAbout2020-01-07 Council MeetingCITY OF
-ASHLAND
important: Any citizen may orally address the Council on non -agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the
Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council
Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
Tuesday, January 7, 2020
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
6:00 p.m. Regular Meeting
I. CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. CITY ADMINISTRATOR REPORT
VI. APPROVAL OF MINUTES
1. Business Meeting of December 17, 2019
VII. SPECIAL PRESENTATIONS & AWARDS
1. Report on Statistical Transparency of Policing (STOP) Program
2. Report on the First Quarter of Ordinance 3176
Vill. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES
Airport Budget Conservation
Historic Housing and Human Srvs. Parks & Recreation
Forest Lands Climate Policy Cost Review
Planning Public Arts Transportation
Tree Wildfire Mitigation
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]
X. CONSENT AGENDA
1. Liquor License Approval for McCall Guestbook, LLC.
XI. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. Public hearings shall
conclude at 8:00 p.m. and be continued to a future date to be set by the Council,
unless the Council, by a two-thirds vote of those present, extends the hearing(s)
until up to 9:30 p.m. at which time the Council shall set a date for continuance
and shall proceed with the balance of the agenda.)
XII. UNFINISHED BUSINESS
1. Review of City Assets: Land and Structure Inventory
XIII. NEW AND MISCELLANEOUS BUSINESS
1. Housing Trust Fund — OHRA Homeless Shelter
2. Mayor Presentation Capital Needs and Financing
3. City Council Direction to Direct Staff Resources to Develop a Work Program
on 5G Telecommunications
XIV. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First Reading of an Ordinance to Amend the Ashland Fire Prevention Code
AMC Chapter 15.28
XV. OTHER BUSINESS FROM
XVI. ADJOURNMENT OF BUSINESS MEETING
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 (TTYphone number 1-800-735-
29009. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ONLINE RVTV.SOU.EDU (SELECT
CHANNEL RVTV PRIME), ON LOCAL CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180
OR 181. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US.
Council Business Meeting
January 7, 2020
Agenda Item
Report on Statistical Transparency Of Policing (STOP) Program
From
Tighe O'Meara
Police Chief
Contact
Tighe.omeara(aD-ashland. or. us; (541) 552-2142
SUMMARY
Staff is coming before the Council to give an update on the first year of data collection under 2017 HB 2355.
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
Council directed staff to return with a report on the first year of data collected under the STOP program. This
presentation will cover (almost) the first year from November 28, 2018 thru November 15, 2019.
BACKGROUND AND ADDITIONAL INFORMATION
In 2017, the State of Oregon adopted a new law under House Bill 2355 that requires all police agencies in the state
to self -report information on officer -initiated stops. The information collected pertains to the detained person's
perceived race, ethnicity and gender, as well as date, time, location of the state, under what (state, local, etc.)
authority the stop was conducted and whether a search was conducted. The new law further mandated that all police
departments start participating in the reporting system by July 1, 2020. Departments the size of Ashland were
required to start reporting by July 1, 2019. However, because Ashland Police Department (APD) was eager to
engage in this step toward greater transparency, the Department volunteered to start earlier, and "went live" on
November 28, 2018. Police staff will provide a report on the results of the first year of data collection.
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
N/A
ACTIONS, OPTIONS & POTENTIAL MOTIONS
No action is needed by Council.
REFERENCES & ATTACHMENTS
N/A
Page 1 of 1
CITY Of
-AS H LA N D
Council Business Meeting
January 7, 2020
Agenda Item Report on the First Quarter of Ordinance 3176
From Tighe O'Meara I Police Chief
Contact Tighe.omeara(&-ashland. or. us; (541) 552-2142
SUMMARY
Staff is coming before Council to give a first quarter update on use of Ordinance 3176.
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
Council approved Ordinance 3176 and directed staff to return and give quarterly updates.
BACKGROUND AND ADDITIONAL INFORMATION
On August 6, 2019 Council approved Ordinance 3176 that created the misdemeanor offense (Ashland Municipal
Code 10.58.200) of failure to provide name and date of birth to a peace officer. Under 10.58.200 it is unlawful to fail
to identify yourself if an officer is attempting to issue a citation for a municipal code violation. In order for this legal
threshold to be met, two other legal thresholds must have already been met: first, that the officer had reasonable
suspicion to stop the person under Oregon Revised Statue 153.039: second that the investigation has established that
probable cause exists to believe that a violation occurred.
A police officer's authority to stop someone and investigate the person for a violation is well established under ORS
153.039. Ashland Municipal Code (AMC) 10.58.200 does not enhance that authority. AMC 10.58.200 merely
assures that a person complies with an officer's attempt to issue a citation, as is mandated under the City of Ashland
Charter Section XIV section 2:
The Chief of Police shall attend all meetings of the City Council, and perform
the duties of the Sergeant -at -Arms of that body, watch over, care for and preserve
all the City property and good morals of the City; and it shall be his/her duty,
and the duty of any and all police officers, to see that all the laws and ordinances
of the City, and the provisions of this Charter, are enforced, to file complaint
with the City Judge against any persons violating any of the provisions of this
Charter, or the laws or ordinances of the City; and a failure or neglect to
faithfully perform any or all of such duties shall be cause for removal from office
by the City Council.
To date Ashland Police Department has not had to use the authority given to it under Ordinance 3176.
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
No action from Council is needed. Staff will return will quarterly updates until directed otherwise by Council.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
N/A
REFERENCES & ATTACHMENTS
N/A
Page 1 of 1
CITY OF
-ASHLAND
Council Business Meeting
January 7, 2020
Agenda Item
Approval of Liquor License Request For McCall Guestbook LLC
From
Melissa Huhtala
City Recorder
Contact
Melissa. huhtalaa-ashland.or.us; (541) 488-2307
SUMMARY
This is a request for approval of a Liquor License Application from McCall Guestbook LLC located at 153 Oak St.
Ashland, OR 97520.
POLICIES, PLANS & GOALS SUPPORTED
AMC Chapter 6.32 Liquor License Review
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
This is an application for Limited On -Premises Liquor License.
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
Staff recommends approval of the Liquor License application. 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.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to approve the Liquor License for McCall Guestbook LLC.
REFERENCES & ATTACHMENTS
Attachment l: Application
Page 1 of 1
CITY OF
-ASH LAN D
OREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
1. Application. Do not include any OLCC fees with your application packet (the license fee will be collected at a later
time). Application is being made for:
License Applied For:
❑ Brewery Vt Location
❑ Brewery 2"d Location
❑ Brewery 3`d Location
❑ Brewery -Public House Vt location
❑ Brewery -Public House 2"d location
❑ Brewery -Public House 3`d location
❑ Distillery
❑ Full On -Premises, Commercial
❑ Full On -Premises, Caterer
❑ Full On -Premises, Passenger Carrier
❑ Full On -Premises, Other Public Location
❑ Full On -Premises, For Profit Private Club
❑ Full On -Premises, Nonprofit Private Club
❑ Grower Sales Privilege 1" location
❑ Grower Sales Privilege 2"d location
❑ Grower Sales Privilege 3`d location
Limited On -Premises
Off -Premises
❑ Off -Premises with Fuel Pumps
❑ Warehouse
❑ Wholesale Malt Beverage & Wine
❑ Winery 1" Location
❑ Winery 2"d Location
❑ Winery 3`d Location
CITY AND COUNTY USE ONLY
Date application received:
Name of City or County:
Recommends this license be:
❑ Granted ❑ Denied
By:
Date:
OLCC USE ONLY
Date application receN
By:
Date application a
By: � :�Z
License Action(s)
zbz
Iz
d yalnitia!Xc r�lplete:
�/o
2. Identify the applicant(s) applying for the license(s). ENTITY (example: corporation or LLQ or INDIVIDUAL(S) applying
for the license(s):
(Applicant #1) (Applicant #2)
(Applicant #3) (Applicant #4)
OLCC USE ONLY I OLCC FINANCIAL SERVICES USE ONLY
• OREGON LIQUOR CONTROL COMMISSION
• BUSINESS INFORMATION
Please Print or Type
Applicant Name: I v\ LLa_( r tvf_M0CLk L-oL
Trade Name (dba): �.Jly
Phone: 4 ( " Aka : l (�
Business Location Address: (S r) A,
City: �Sc� '�� ZIP Code: cl'l 5_Q
Business Hours:
Outdoor Area Hours:
The outdoor area is used for:
Sunday
"7 e,,,,,to �
Sunday
to
❑Food service Hours: to
Monday
;ti�to _ ¢M
Monday
to
C1 Alcohol service Hours: to
Tuesday
V.,Nto
Tuesday
t _
❑Enclosed, how
Wednesday
� c",onto >yr ��
Wednesday
o
Thursday
1 t,_V,,to � v�
Thursday
to
The exterior area is equately viewed and/or
Friday
-1 a_,V. to ��
Friday
to
supervised by Se ce Permittees.
Saturday
�Un,,to.M
Saturday
to
(Investigator's Initials)
Seasonal Variations: )d Yes ❑ No If yes, explain:
-Argulgivull
Check all that apply:
9 ' • 111111111111111111111111,
•
❑
Live Music
❑ Kar e
❑
Recorded Music
Coin -operated Games
Sunday
Monday
to
t
❑
DJ Music
❑ Video Lottery Machines
Z
Tuesday
to
Wednesday
to
❑
Dancing
❑ Social Gaming
Thursday
to
❑
❑ Tables
Friday
to
Nude Ent ainers
Pool
Satu day
to
❑ Other:
Restaurant:
Lounge:
Banquet:
Outdoor:
Other (explain):
Total Seating: S�2 Ll)
OLCC USE ONLY
Investigator Verified Seating:(Y) __(N)
Investigator Initials:
Date:
I understand if my answers are not true ano complete, the OLCC may deny my license application.
Applicant Signature: `� Date: I � \ \.r � l
1-800-452-OLCC (6522)
4
OREGON LIQUOR CONTROL COMMISSION
FLOOR PLAN
• Your floor plan must be submitted on this form
• Use a separate Floor Plan Form for each level or floor of the building.
• The floor plans) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor,
video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.)
• Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a
Full On -Premises Sales license.
ApplicantName
r
..........OLCC USE ONLY..........
MINOR POSTING ASSIGNMENT(S)
Initials:
ih/ and ZIP code
1-800-452-01--CC 16S991
Council Business Meeting
January 6, 2020
Agenda Item
Review of City Assets: Land and Structure Inventory
Kelly Madding
City Administrator
From
Paula Brown
Public Works Director
kelly.madding(aD-ashland. or. us; 541-552-2103
Contact
paula.brown(cD-ashland.or.us; 541.552.2411
SUMMARY
This is the second part of a discussion on City assets; specifically, a land and structure inventory. This item
was requested during the City Hall decision to attempt to comprehensively evaluate the City's asset base. The
initial overview was presented at the Council Study Session on November 18, 2019. Council gave direction
to staff to look in more detail at a number of the properties that were initially labeled as having surplus
potential. Staff is requesting specific actions to move forward toward declaring a number of those properties
surplus and determining the appropriate follow on action.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals (supported by this project):
• Maintain Essential Services
Continue to leverage resources to develop and/or enhance Value Services
Emergency Preparedness
Address Climate Change
CEAP Goals:
1. Reduce Ashland's contribution to global carbon pollution by reducing greenhouse gas emissions
associated with City, residential, commercial, and industrial activities.
2. Prepare the city's communities, systems, and resources to be more resilient to climate change impacts.
Strategic Initiatives:
Maximize conservation of water and energy.
Support climate -friendly land use and management.
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs.
• Deliver timely life cycle capital improvement projects.
• Maintain and improve infrastructure that enhances the economic vitality of the community.
• Evaluate all city infrastructure regarding planning management and financial resources.
PREVIOUS COUNCIL ACTION
With Council's recommendations and direction, staff has reviewed the ten properties specifically discussed
during the November 18 meeting. Staff intends on making a presentation outlining each property with
recommended follow on actions. Please note on the following matrix, the properties highlighted in yellow are
currently leased.
In addition, during the November 18, 2019 meeting, Council provided direction to staff to assess and
recommend disposition of the "51 slivers" of rights -of -way that serve no dedicated City purpose and could be
declared surplus and returned to adjacent property owners thereby removing the maintenance (weeds and fire
Pagel of 3
CITY OF
-ASHLAND
prevention) responsibility from the City. Staff is working on evaluating those properties and will bring them
back to council for specific surplus disposition declarations over the next 6 to 9 months.
INDEX
Property Name
DEPT
Zoning
Comments
Recommendation
Lease FS house
Request this be declared surplus;
71
400 MISTLETOE RD
ADMIN
CM -CI
(purchased 1988 $360K)
get appraisal for eventual market value sale.
265 N MAIN ST
ADMIN
Lease (early appraisal
Request this be declared surplus;
89
BRISCOE SCHOOL
PARKS
R 2
$3.05M)
get appraisal for eventual market value sale.
380 CLAY ST
Staff is requesting to surplus the home. This is the
79
AFFORDABLE
ADMIN
R-2
front lot with home
final lot of the original 10-acre development.
HOUSING
Appraisal complete, intended for surplus once
61
1097 B STREET
PW
E-1, R-1-
appraised 2018 $1.8-
Hardesty is operational. Staff will bring back the
B ST YARD
5 (5 lots)
1.9M
formal action to surplus for sale.
Work with Parks (Trails Master Plan) and other
1
IMPERATRICE PROP
PW
EFU
purchased 1996 $900K
entities to define the needs for the northern lots
(NORTHERN LOTS)
- Total value $1.6M
and bring back to Council.
May be able to sell the lot/house with the northern
1291 OAK ST
Partition House and
portion preserved by perpetual easement for
88
HARDESTY PROP
PW
EFU
Sell (—$350K to $400K)
riparian protection and future wetlands. Staff is
requesting direction from council on this option.
Lease purchased 1996
92
IMPERATRICE PROP
PW
EFU
$900K —Total property
Longer term - evaluate best overall use
(SOUTHERN 2 LOTS)
value $1.6M
Lot Purchased Wimer/
Remove from list (property has a perpetual
13
430 N MAIN
PW
E-1
Hersey (2005 - $170K)
easement for parking)
Evaluate desire for pedestrian access, then
91
TERRACE ST ROW
PW
R-1
Not Likely to be used
determine the desire to return unnecessary
R R-. 5
portions to adjacent property owners.
FIRE STATION #2
FIRE
Sherwood Park well
Assess and work with Parks/Parks Commission for
76
SHERWOOD PARK
PARKS
R 2
used
any recommended changes
BACKGROUND AND ADDITIONAL INFORMATION
Periodically Council has discussed City owned lands and has taken individual actions to buy or sell lands.
The City has approximately 90 properties; 47 City utilized and managed properties and 42 that are managed
by Ashland Parks and Recreation.
Parks properties are in a separate category as they have been purchased by food and beverage funds or Parks
Foundation funds. By City Charter (Chapter 19), Parks properties belong to the City but are fully managed
and maintained by the Parks Department. The Parks Commission and Parks staff will need to be involved
with a change in use or disposition of current Parks managed or occupied properties.
FISCAL IMPACTS
Developing a comprehensive property and asset management strategy will take staff time, but the result will
provide an inclusive direction for the City. Land and structures have value. Should the City Council
Page 2 of 3
CITY OF
-ASHLAND
determine there is no future City use for a specific piece of property or structure for the City itself, the asset
could be sold for a broader community purpose either at market value or deliberately subsidized for a
specified community purpose.
STAFF RECOMMENDATION
Staff recommends council approve staff recommendations for each of the ten properties discussed.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
1. I move to approve of staff s recommendation regarding the recommendations on the presentation and
the matrix in this staff report.
2. I move to request that staff reevaluate the recommendation for [--- list the specific property
name/index and action desired -- J.
3. I recommend staff continue to evaluate each of the properties mentioned.
ATTACHMENTS
Attachment 1: City Owned Property Spreadsheets
Attachment 2: City Owned Properties Maps (two versions)
Page 3 of 3
CITY OF
-ASHLAND
CITY OWNED PROPERTIES
INDEX
Map/Taxlot
SITEADD
Property Name
Department
Use
Zoning
Surplus Potential
Comments
71
391E14AC1800
400 MISTLETOE RD
400 MISTLETOE RD
ADMIN
Lease
CM -CI
Yes
FS house (purchased 1988 $360K)
89
391E05DD2500
265 N MAIN ST 2
BRISCOE
ADMIN/PARKS
Lease
R-2
Yes
Lease (early appraisal $3.05M)
13
391E05DA2700
430 MAIN ST
430 N MAIN
PW
Lease
E-1
Yes
Lot Purchased Wimer/Hersey (2005 - $170K)
79
391E11C2500
380 CLAY ST
CLAY ST AFFORDABLE HOUSING
ADMIN
Housing
R-2
Yes
front lot with home
61
391E09AA1900
B STREET
B STYARD
PW
Yard
E-1, R-1-5
Yes
appraised 2018 $1.8-1.9M
1
381E33200
1925 EAGLE MILL RD
IMPERATRICE PROP (NORTHERN TOP LOTS)
PW
Open
EFU
Yes
purchased 1996 $900K -value $1.6M
42
393E09BC2500
59 WINBURN WAY
COMMUNITY CTR/PIONEER HALL
ADMIN
Community
R-1-7.5
Maybe
needs $1M work for both
8
391E04AC1200
255 NEVADA ST
ELECTRIC YARD
ELEC
Yard
R-1-5
Maybe
Better Use? Move electric (—$300K)
91
391E09CB1500
TERRACE ST
TERRACE ST ROW
PW
PW
R-1-10, RR-.5
Maybe
Not Likely to be used
84
391E17AA1112
596 ASHLAND CREEK DR
ASHLAND CREEK DR
PW
Water
RR-.5
Maybe
Along Ashland Canal
88
381E33400
1291 OAK ST
HARDESTY PROP
PW
WW/PW
EFU
Maybe
Partition House and Sell (—$350K)
31
391E16BD300
TERRACE ST
OPEN SPACE
PW
Open
WR-20
Maybe
Open Space, Parks?
30
391E16BC200
GLENVIEW DR
GLENVIEW DR PROPERTY
PW
Yard
WR-20
Maybe
18.84 ac open space
56
391E09BD6200
26 SECOND ST
SECOND ST PARKING LOT
ADMIN
Parking
C-1-13
Maybe
Likely Not
47
391E09BA11500
130 PIONEER ST
PIONEER ST PARKING LOT
ADMIN
Parking
C-1
Maybe
Likely Not
55
391E09BC201
E MAIN ST
SM PARKING LOT
ADMIN
Parking
C-1-D
Maybe
Likely Not
46
391E09BB10900
WATER ST
WATER ST PARKING LOT
ADMIN
Parking
C-1
Maybe
Likely Not
92
381E33200
1925 EAGLE MILL RD
IMPERATRICE PROP (SOUTHERN 2 LOTS)
PW
Lease
EFU
Maybe
purchased 1996 $900K -value $1.6M
83
392E07800
891 EMIGRANT CR RD
LITHIA SPRINGS GUN CLUB
ADMIN
I Comm/Lease
JEFU,OSR
I Maybe
17,kely Not
93
391E09100
20 E MAIN ST
CITY HALL
ADMIN
Office
R-1-7.5, RR-.5, WR, C-1-D, WR-20
No
needs $7+M rebuild
62
391E10900
1175 E MAIN ST
COUNCIL CHAMBERS/GROVE/APD/PW/ELEC
ADMIN
Comm/Office
E-1
No
Upgrades Nescessary ($.8-1.5M)
57
391E09BD6700
410 SISKIYOU BLVD
JACO LIBRARY
ADMIN
Community
C-1-1)
No
43
391E09BB14800
51 WINBURN WAY
COMM DEV
ADMIN
Office
C-1-D, R-1-7.5
No
Linked with City Hall Decision
54
391E09BC400
175 HARGADINE ST
HARGADINE PARKING STRUCTURE
ADMIN
Parking
C-1-D
No
58
391E09AC15300
455 SISKIYOU BLVD
FIRE STATION #1
FIRE
Fire
C-1
No
76
391E15AA6200
1860 ASHLAND ST
FIRE STATION #2/SHERWOOD PARK
FIRE/PARKS
Fire
R-2
No
53
391E09BB7100
GRANITE ST
ALICE PEIL WALKWAY
PW
Access
C-1-D, R-1-7.5
No
Needs Work (new stairs $300K)
59
391E09AC12600
750 MAIN ST
ASHLAND CEMETERY
PW
CEM
R-2
No
74
391E10DD100
440 NORMAL AVE
MOUNTAIN VIEW CEMETERY
PW
CEM
R-2
No
75
391E15AA6400
550 NORMAL AVE
SOUTH MAUSOLEUM
PW
CEM
R-2
No
36
391E32200
TOLMAN CR RD
WINBURN PROP
PW
Open
FR
No
87
391E09DB7300
FAIRVIEW ST
FAIRVIEW ROW
PW
ROW
R-2
No
performs as an alley
85
391E102700
NORMALAVE
FUTURE ROW/NORMAL AV
PW
ROW
RR-5
No
needed for future development
70
391E14D1300
SISKIYOU BLVD
MISTLETOE RD RIGHT OF WAY
PW
ROW
CM -CI, CM -MU, CM -OS, M-1, RR-5
No
needed for future development
22
391E08AC105
STRAWBERRY LN
DITCH ROAD PUMPSTATION
PW
Water
RR-.5
No
23
391E08DB201
201 HITT RD
FALLON RESERVOIR
PW
Water
WR
No
28
391E17600
GRANITE ST
UPPERGRANITE ST
PW
Water
WR-20
No
new Water Treatment Plant site
32
391E161100
GRANITE ST
WATER TREATMENT PLANTACCESS
PW
Water
FR
No
33
391E21200
1400 GRANITE ST
WATER TREATMENT PLANT
PW
Water
FR
No
Property inludes Electric Generation
34
391E20200
1500 GRANITE ST
HOSLER DAM
PW
Water
FR
No
35
391E28200
TOLMAN CR RD
REEDER RESERVOIR
PW
Water
FR
No
38
391E16BA1500
696TERRACE ST
CROWSON RESERVOIR
PW
Water
RR-.5
No
68
391E231802
1511TOLMAN CR RD
ALSING RESERVOIR
PW
Water
RR-10
No
86
381E311303
1001 JACKSON RD
TAP PUMP BUILDING
PW
Water
GC
No
49
391E0913B14000
E MAIN ST
OSF
ADMIN
OSF
C-1-D
No
48
391E098814700
E MAIN ST
OSF
ADMIN
OSF
C-1-0,
No
51
391E09BC1100
110 MAIN ST
OSF/CHAMBER OF COMMERCE
ADMIN
OSF
C-1-D
No
52
391E09BC901
40PIONEER ST
OSF THOMAS THEATRE
ADMIN
OSF
C-1-D
No
50
391E09BB14200
S PIONEER ST
OSF BRICKS
ADMIN
OSF"
C-1-1)
No
yellow leases
green needs corrective action
beige parking lots
ASHLAND PARKS AND RECREATION PROPERTIES
INDEX
Map/Taxlot
Address
Property Name
Department
Use
Zoning
SurplusPotential
Comments
64
391E16AA3700
GLENWOOD DR
GLENWOOD PARK
PARKS
R-1-7.5
77
391E14BB701
CLAY ST
CLAY STREET PARK
PARKS
R-1-5
78
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Council Business Meeting
January 7, 2019
Agenda Item
Affordable Housing Trust Fund Award for Winter Shelter
From
Linda Reid
Housing Program Specialist
Contact
reidl(aD_ashland. or. us-, (541) 552-2043
SUMMARY
OHRA is asking the City to provide $55,000 in Affordable Housing Trust funds to keep the shelter open through the
end of the Shelter season. For the winter of 2019/2020 Options for Helping Residents of Ashland (OHRA) opened
the Ashland Winter Shelter program, which offers seven nights of continuous shelter in a single location for the first
time since the inception of the Ashland Winter Shelter Program eleven years ago. The one -site location is the
culmination of a yearlong coordination effort and work by OHRA staff and board members, community volunteers,
members of the faith community, and the City. OHRA, the non-profit partner who offered to run the shelter
program, has received funding from the Department of Housing and Urban Development and the State of Oregon
through ACCESS, Jackson County's Community Action Agency, as well as funds and in -kind donations from the
local community and private foundations to make a comprehensive one -site shelter program a reality. However,
despite all of their efforts in seeking funding to support the shelter program, OHRA finds that their budget has a
$55,000 deficit to fund the ongoing operation of the shelter through the end of the shelter season, which will be
April 2020. Consequently, OHRA is requesting assistance from the City.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals and Objectives, approved November 4, 2014: 5. Seek opportunities to enable all citizens to meet
basic needs.
5.3 Leverage partnerships with non-profit and private entities to build social equity programming.
5.4 Encourage the ongoing effectiveness of the Resource Center.
2019-2021 City Council Goals Resolution No. 2019-27: Develop and/or enhance the following "Value Services" by
leveraging the City's resources. The list of Value Services represents the priority Council is placing on these value
services as the 2019-2021 biennial budget is prepared, given the progress that has been made to date to address them
and the urgency with which they need to be addressed.
Tier 2: Moderate Priority
c. Housing Needs
e. Homeless Services
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
In 2019, Options for Helping Residents of Ashland (OHRA) received planning approval from Jackson County to
operate a temporary winter shelter in Ashland. This approval was the result of a yearlong coordinated effort which
included faith groups, OHRA, community volunteers and the City in an effort to provide a one -site location for a
seven day a week shelter throughout the winter months. The seven-day shelter operates from November to April
and is modeled after the Kelly Shelter run by Rogue Retreat, a model that includes a vulnerability assessment to
prioritize shelter beds for the most vulnerable populations, and includes case management to assist shelter guests to
attain permanent housing.
Page 1 of 3
CITY OF
-ASHLAND
The Ashland Winter Shelter Program began as an extreme weather shelter offered during inclement weather events,
staffed by volunteers and held in donated church space. Over the 11 years that the Ashland Winter Shelter Program
has been offered, the number of shelter nights and locations has increased. In the winter of 2018, for the first time
ever, the program was able to offer seven nights of shelter per week. By 2018 the shelter program had grown to be a
collaborative effort among seven faith groups, five nonprofits, the City of Ashland, and more than 200 community
volunteers. However, moving the shelter location each night was difficult for both the shelter volunteers and the
shelter guests. Finding available space to cover seven nights within churches and public buildings was also a
challenge. Having a single location for the shelter has allowed the shelter program to continue offering seven nights
of shelter again for the 2019-2020 shelter season.
Offering shelter services for seven nights a week, renting and maintaining a permanent location (where previously
the location costs were donated by faith based groups and the City), and the comprehensive wrap around services of
shelter staffing and case management, have increased operations costs significantly. Although offset by the
continued in -kind support of community volunteers and donations of meals and goods, OHRA still expects a
$55,000 deficit in covering shelter operation costs for the current shelter season (November 2019 through April
2020). Due to the increased costs, OHRA is requesting that the City provide funding to offset that deficit in order to
continue operating the shelter for the remainder of the shelter season.
At their regular meeting on October 24, 2019, the Housing and Human Services Commission heard an update on the
Ashland Winter Shelter Program, and a request from OHRA for the City of Ashland to help identify ongoing
funding to support OHRA's shelter program. After examining OHRA's facts and figures relating to the operation of
the winter shelter, the Housing and Human Services Commission unanimously agreed to recommend that the City
Council identify a sustainable City funding source to support OHRA and the ongoing success of the winter shelter.
The City has three grant resources that can support shelter activities: Community Development Block Grant
(CDBG) funding, Social Service Grant funding, and Affordable Housing Trust Funds. While all forms of funding
would be eligible to be used to support the Winter shelter, City staff feels that the most appropriate funding source to
support the Ashland Winter Shelter Program is the Affordable Housing Trust Fund (AHTF).
The Affordable Housing Trust Fund identifies Shelter funding as an eligible use (3.5.i):
Transitional and Emergency Housing for homeless individuals and families through an established
program to move people toward self-sufficiency.
The Council can authorize AHTF money to support the OHRA shelter. The AHTF granting policies require an
organizational match requirement of 50 percent. As OHRA received a $58,000 grant from ACCESS, this amount
would be considered matching funds thereby allowing a $55,000 grant.from the AHTF if approved by Council. The
in -kind donations of volunteer labor and goods valued at $200K would also be considered as match and thereby the
50% match requirement is more than satisfied.
CDBG funding to support shelter activities would be extremely limited (up to 15% of the annual allocation or about
$25K), and Social Service Grant funds will not be offered again until 2021, which will be too late to assist OHRA
with their current budget shortfall. Further, there is typically considerable competition by non-profit social service
providers for these limited CDBG funds.
FISCAL IMPACTS
Should the Council decide to authorize $55,000 in Affordable Housing Trust Fund monies to OHRA, the fiscal
impact would be a reduced AHTF allocation to offer through a competitive award process to other eligible
applicants.
The City offers AHTF grants on a biennial basis. The last award process for AHTF was held in 2018. The City
gave awards to two applicants and carried over a remaining balance of $47,000. The City is expected to have a
cumulative amount of $247,000 in affordable housing trust funds to offer for 2020. Dedicating $55,000 in AHTF
Page 2 of 3
i' CITY OF
-1SHLAND
money to OHRA for support of the Ashland Winter Shelter Program at this time would reduce the overall amount
available to other applicants through the competitive request for proposals process to $192,000. If the funds are
awarded to OHRA at this time, the award would be outside of the regular competitive grant cycle.
STAFF RECOMMENDATION
Staff recommends that the Council direct $55,000 in Affordable Housing Trust Funds to Options for Helping
Residents of Ashland, to support the Ashland Winter Shelter Program.
The Housing and Human Services Commission has previously recommended that the City Council identify a
sustainable city funding source to support OHRA and the ongoing success of the winter shelter.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to approve the award of $55,000 in Affordable Housing Trust Funds to Options for Helping Residents of
Ashland, to support the 2019-2020 Ashland Winter Shelter Program, outside of the competitive grant cycle.
REFERENCES & ATTACHMENTS
Attachment 1: Funding Request from OHRA dated December 27, 2019
Attachment 2: Affordable Housing Trust Fund Resolution 2008-034
Page 3 of 3
CITY OF
-ASHLAND
Options for Helping Residents of Ashland
OHRA Board Members
Ken Gudger, President
December 27, 2019
Ron Mogel, Vice President
Montye Male, Secretary
TO: Kelly A. Madding
Sarah Walcher, Treasurer
City Administrator
John Wieczorek, Past President
City of Ashland
Jackie Bachman,
Community Relations
FR: Michelle Arellano
Diane de Ryss, Fund Development
Executive Director
Akiva DeJack, Mental Health
Matt Endress, Washington Street
RE: OHRA Winter Shelter — Request for Funding
Rev. Dan Fowler,
Faith Community Relations
Dear Kelly:
Steve Russo, Operations
As we have discussed, here is a summary of the OHRA Winter Shelter's
current financial situation and our request for City support of this valuable
OHRA Staff
resource.
Michelle Arellano,
BACKGROUND
Executive Director
The OHRA Winter Shelter operates 7 nights per week serving 44
Pam Lott, Administrator
individuals at a cost of $38.82 per person per night. Guests are
David Stoebel, Administrator and
housed from 7:00 pm to 7:30 am and receive both dinner and
Volunteer Coordinator
breakfast as well as transportation to and from the shelter. They
also receive wrap -around case management both at the shelter and
Ashland Community
Resource Center (ACRC)
at the OHRA Resource Center during the day.
Tova DeJack, Director
The total budged for the Shelter operations is $263,259. In
Tina Stevens, Lead Navigator
addition, volunteers donate labor valued a $200,234 (using the
Department of Labor approved value for a volunteer hour) and the
Shelter receives in -kind goods, primarily donated food, valued at is
OHRA Winter Shelter (OWS)
$57,350. The total of all resources (funds + in kind) is $520,843.
Cass Sinclair, Shelter Director
NEED
Lisa Smith, Lead Navigator
Current budget for the shelter shows a shortfall of $55,000 for the
2019-20 year.
350 Community Volunteers
55 Community Partners
REQUEST
OHRA respectfully requests that the City approve $55,000 from
the Housing Trust Fund to assist in funding the Winter Shelter.
P.O. Box 1133
Ashland, OR 97520
www.helpingashland.org
Federal Tax I.D. Number 61-1693223
By helping people move from crisis to stability, OHRA builds more capable individuals,
stronger families and a better community.
RESOLUTION NO. 2008- 3
A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR
ADMINISTRATION OF THE AFFORDABLE HOUSING TRUST FUND
RECITALS:
A. WHEREAS, the City of Ashland City Council approved the establishment
of the Affordable Housing Trust Fund (Ordinance �M to keep our
community diverse by facilitating the production and preservation of
affordable housing throughout Ashland; and
B WHEREAS, The policies and procedures for administration of the
Affordable Housing Trust Fund establish eligible uses, eligible applicants,
the method by which funds are awarded, and selection criteria; and
C. WHEREAS, the City Council understands the changing nature of the
housing market and corresponding housing needs, and therefore has
established the policies and procedures for administering the Ashland
Housing Trust Fund (AHTF) to remain flexible to respond to changing
market conditions and opportunities; now therefore
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Purpose
1.1 The purpose of the City of Ashland's Affordable Housing Trust
Fund (AHTF) is to establish a dedicated source of revenue to
provide ongoing funding for housing projects or programs that
address the housing needs of Ashland residents. To this end the
AHTF is established to address the primary purpose of encouraging
the creation of housing for homeownership or rent, at a cost that
will enable low and moderate income families to afford quality
housing while paying no more than thirty per cent of gross
household income on housing.
1.2 To promote the rehabilitation, preservation and production of
quality, well designed rental and ownership housing the AHTF will
award funds to community development partners that are furthering
the AHTF mission. It is expecting that the local contributions made
through Ashland's Affordable Housing Trust Fund will assist in
maximizing the leveraging of State and Federal funds, as well as
encourage private sector investment in affordable housing.
1.3 Understanding the high cost of housing regionally, it is evident that
low and moderate income households are not being served by the
housing market. To address the disparity between the cost of
housing and the means of resident households to afford housing,
the Affordable Housing Trust Fund aims to provide direct financial
support to projects that retain or increase the supply of needed
housing for households earning less than 120% the Area Median
Income as defined by HUD.
1.4 The Administrative Procedures associated with the Affordable
Housing Trust Fund, including fund administration, determination of
eligible applicants, eligible uses and activities, award preferences,
eligibility criteria, award process, and selection criteria are hereby
established.
Section 2. Eligible Applicants
2.1 The Affordable Housing Trust Fund is structured to ensure that
many different types of organizations are eligible to receive
financing.
2.2 Eligible applicants include governmental subdivisions, community
development corporations, local housing authorities, community
action agencies, community -based or neighborhood -based non-
profit housing organizations, other non-profit organizations, for -
profit entities, and private employers.
Section 3. Eligible Uses and Activities
3.1 Affordable Housing Trust Funds shall support the creation or
preservation of housing that is affordable to households with
incomes that do not exceed 120% of the area median income, as
defined by HUD for the Medford -Ashland metropolitan service area.
3.2 Affordable Housing Trust Funds will be focused on those activities
that create, preserve or acquire housing within the Ashland Urban
Growth Boundary.
3.3 Housing developments financed by the Affordable Housing Trust
Fund (AHTF) which receive subsidy, financing, tax credits or other
assistance under a State or Federal housing program, may contain
market rate units insofar as permissible under those programs
and/or to the extent that they are necessary to support the creation
of and/or on -going sustainability for the affordable housing units in
the development. However, Affordable Housing Trust Funds may
not be used to support such market rate units.
3.4 Affordable housing units developed utilizing subsidy from the
Affordable Housing Trust Fund shall comply with the income, rent
and purchase housing cost limits established by Resolution 2006-
13, as amended, and as restricted by a covenant prepared by the
City of Ashland.
3.5 The Affordable Housing Trust Funds can be provided as either a
grant or a loan depending on the project or program receiving
funding. To retain a significant degree of flexibility the eligible uses
have a broad application including the following:
3.5.a Acquisition and Construction of new affordable housing.
Eligible acquisition and construction costs include
reasonable costs associated with building or land purchase,
including but not limited to:
• Purchase price
• Option costs
• Financing fees
• Appraisal costs
• Closing costs
• Interest
• Inspection fees
• Title insurance
• Relocation costs
• Architectural/engineering fees
• Construction costs
3.5.b Conservation of energy through the use of "green"
technologies provided that the benefits of the energy savings
is passed on in the form of reduced costs to the qualified
occupants of the affordable housing.
3.5.c Land Banking: the purchase of land to be dedicated toward
the development of affordable housing in the near or long .
term.
3.5.d Predevelopment activities undertaken by a community
development organization in support of the development of
affordable housing including planning, architectural
services, engineering services, landscape design, legal
services, surveys, appraisals, site clearance and demolition,
environmental clearance, permit application fees and system
development charges.
3.5.e Bridge loans to assist in development of low-income
housing (for rental or owner occupancy). Bridge loans are
intended to provide funding to permit housing projects to
proceed in advance of the availability of permanent project
funding. Bridge loan funding is available for acquisition or
construction activities.
3.5f Capacity Building for non-profit affordable housing
providers in the form of direct grant awards to fund
administration of an affordable housing project or program.
3.5.g Rehabilitation and Emergency Repairs as part of an
established program to secure units as affordable or to
provide direct benefits to existing low -moderate income
households. Eligible rehabilitation and emergency repair
costs include but are not limited to:
• Architectural/engineering fees
• Construction costs
• Relocation costs
• Hazardous materials abatement including lead based
paint noticing consistent with The Federal Lead Safe
Housing Regulations HUD requirements at 24 CFR
§35
3.5.h Direct benefits to low -moderate income households through
an established program including down payment assistance,
rental assistance, mortgage foreclosure prevention,
emergency housing vouchers, homeownership training,
renter education, or other programs intended to increase
housing opportunities for Ashland's low -moderate income
residents.
3.5.i Transitional and Emergency Housing for homeless
individuals and families through an established program to
move people toward self-sufficiency.
3.5.j Other uses as deemed appropriate by the Ashland City
Council as supporting the development or preservation of
affordable housing within the City of Ashland.
Section 4. Preferences
4.1 The general criteria of selection are found in Section 8 and may be
modified through the annual Request for Proposals, however the
following preferences are provided as general guidance for future
applicants for Affordable Housing Trust Funds.
4.1.a Developments that produce "new" affordable housing units.
New affordable housing units shall include housing units
constructed where none had existed previously, abandoned
or fire -damaged residential units to be returned to residential
use, and non-residential or non -residentially -zoned property
converted to residential use. Any designated new affordable
housing unitsshall be secured as affordable through
recorded Resale Restriction Covenants.
4.1.b Developments that provide new affordability. New
affordability refers to existing housing where a new level of
affordability is provided that does not currently exist. This
could occur in rental or ownership housing where the
number of affordable units is increased; where a portion of
existing units will be made affordable to households at
income levels substantially lower than the units previously
served; or where the term of affordability on the units will be
extended for a period beyond thirty (30) years.
4.1.c Developments of housing utilizing the Land Trust model to
secure property and perpetual affordability.
4.1.d Developments that include joint ventures between multiple
non-profit developers and or for -profit developers, working in
partnership, to complete an affordable housing project
4.1.e Developments that include a joint venture between service —
providers and non-profit affordable housing developers to
create projects that contain additional benefits to low income
individuals in the development of the project, or additional
services for the residents upon completion.
4.1.f Developments that incorporate the use of "green" building
materials, use of energy -efficient appliances, low-water use
landscaping, and incorporation of building design and
operational factors that minimize energy use and resource
consumption as well as avoid indoor health impacts to
achieve Earth Advantage Certification.
4.1.g Developments that include affordable units for the disabled
and the homeless.
4.1.h Projects that propose long term affordability.
4.1.i Projects that are sponsored by non-profit organizations.
4.1.j Projects that use private funding sources and State funding
sources to leverage the least amount of Ashland's Affordable
Housing Trust Funds.
Section 5. Fund Administration
The Affordable Housing Trust Fund (AHTF) originated through the direction of the
Ashland City Council and Ashland Housing Commission,
5.1 The City of Ashland acts as fiduciary agent and administrator of the
funds.
5.2 Funds dedicated to the Ashland Housing Trust Fund shall be
exclusively reserved to support the eligible uses activities identified in
Section 3, and shall not be used for the general operation of the City.
5.3 The City of Ashland shall issue a request for proposals (RFP) to
announce the availability of funds. The Affordable Housing Trust
Fund RFP issuance shall be timed to run concurrent with the
Community Development Block Grant Program award process.
5.4 The City may issue a Notice of Funding Availability (NOFA) to
specifically target up to 10% in available Affordable Housing Trust
Funds to undertake eligible uses and activities identified in Section 3.
5.5 The City of Ashland Housing Commission, and City Staff as
designated by the Director of Community Development, shall review
applications for Affordable Housing Trust Funds to determine project
eligibility and evaluate the applications based on the selection criteria
provided in the issued Request for Proposals. The Housing
Commission, and City Staff, shall provide recommendations to the
City Council who shall make final award decisions.
5.6 ' The City aims to administer the Affordable Housing Trust Fund in a
manner consistent with other affordable housing programs such as
the Ashland Community Development Block Grant Program. The
implementation of a comparable application, application evaluation,
and approval process will provide housing developers with a
consistent and coherent method for securing housing funds from the
City. Coordination of the grant allocation process with other local and
state funding application timelines, will help ensure that AHTF funds
are best applied to leverage additional resources in support of the
housing projects.
5.7 Affordable Housing Trust Funds will be allocated in a manner
consistent with the threshold criteria provided Section 8, and
consistent with State and Local Public Contracting law.
Section 6. Match Requirements
6.1 The Ashland Housing Trust Fund is intended to support the
development of needed housing, but is not intended to provide the
sole source of funding for any development project or housing
program. To ensure that affordable housing providers, and
organizations that assist individuals and families in obtaining
needed housing, do not rely exclusively on AHTF to support their
activities, it has been determined that;
6.2 The Affordable Housing Trust Fund contribution shall not exceed
more than 50% of the total project, or program, cost. Required
Match can be met utilizing Community Development Block Grants,
State or Federal Funding, direct contribution from the applicant,
private donations, and the contribution of land, materials or labor to
the project.
6.2.a In the case that land previously owned by the applicant is
considered as required match, the value of the land shall be
determined by a City approved certified appraisal completed
by the applicant, unless otherwise directed in Oregon
Revised Statute or City Municipal Code.
6.2.b The valuation of land, and available equity to be considered
as matching funds, shall be verified by the City prior to the
disbursement of an AHTF grant when its value is considered
as required matching funds.
6.2.c Donated materials and labor which are proposed as required
match through the development of a project shall have their
value estimated at the time of application. The actual value
of these contributions is subject to verification by the City at
completion of the project.
6.2.d Award recipients shall provide verifiable accounting for
donated labor and materials, when such was necessary to
satisfy the AHTF match requirements.
6.3 A recipient of an AHTF grant that fails to verify the match
requirements have been satisfied at the conclusion of a project
would be considered cause for the City to require full or partial
repayment of any AHTF grants awarded to a project.
Section 7 — Allocation of Funds
The Affordable Housing Trust Fund is structured to allow the flexibility for the
City, and housing providers, to be responsive to opportunities that arise that
require an immediate expenditure of a relatively small amount of funds to secure
property, or financing, as well as to ensure the majority of Affordable Housing
Trust Funds are allocated through a annual competitive award process.
Establishment of two distinct and separate award processes is intended to
provide for both consistency and flexibility. The issuance of a Request for
Proposals (RFP) which will allocate 90% of the available allocation of Affordable
Housing Trust Funds will be coordinated with other local and State funding cycles
to allow applicants to best structure their project financing. Additionally a Notice
of Funding Availability (NOFA) may be announced, as funds permit, to allocate
up to 10% of the annual funding available. A NOFA is primarily intended to be
responsive to immediate needs for a limited grant or loan if needed for
predevelopment activities which will further the mission of the AHTF.
The distribution of any and all AHTF funds through Competitive or Non -
Competitive awards as described in Sections 7.1 and 7.2, will be in accordance
with State and Local Public Contracting laws.
7.1. Competitive Awards - Request for Proposals (RFP)
The City of Ashland has a limited amount of Affordable Housing
Trust Funds to use each year in comparison to the scope of the
housing needs within.the community. As a result, it is essential that
the funds are used to meet the City's priorities in an efficient and
cost-effective manner. To this end a competitive award process
has been established and a set of award criteria shall be developed
to evaluate proposals received through a Request for Proposals
(RFP) process in terms of how they address the specific priorities
outlined in the annual RFP.
The steps for making the competitive grant awards or loans is
outlined below.
7.1 a. The City of Ashland may issue a Request for Proposals on an
annual or intermittent basis depending on availability of funds,
providing applicants with a minimum of 45 days to respond to the
request.
7.1 b City Staff shall assess the project proposals to determine if the
eligibility criteria are met and shall develop a recommendation to
provide to the Ashland Housing Commission and the City Council.
7.1 c The Ashland Housing Commission will provide applicants the
opportunity to make a presentation on their project proposal and
provide community members the opportunity to comment by
holding a public meeting.
7.1 d The Ashland Housing Commission will develop a grant award
recommendation to the City Council using the AHTF criteria to
determine which projects best meet the City's spending priorities.
Each application will be rated on a numeric scale as established in
the annual RFP for each criterion of selection (Section 8).
7.1 a The Ashland City Council shall make a final decision on the award
of Affordable Housing Trust Funds.
7.1 f The City of Ashland shall prepare an agreement between the City
and the award recipient. The Agreement shall outline the conditions
of award and shall be executed prior to the disbursement of any
Affordable Housing Trust Funds.
7.2. Notice of Funding Availability (NOFA)
Upon electing to initiate a Notice of Funding Availability (NOFA) the
City shall issue a notice of funding availability through publication in
the Ashland Daily Tidings and on the City's Website providing 30
days for eligible applicants to submit qualifications for funding. The
City shall review all applications received to determine if the
applications meet the City's threshold criteria. If the criteria are met
then the funds are awarded to, or reserved for, the applicant. Funds
available through the NOFA process are awarded on a first come,
first served basis, until reaching the annual funding cap. A reserve
award granted to an applicant may be rescinded by the City if the
applicant does not undertake the activities identified in response to
the NOFA in advance of the City's issuance of another RFP or
NOFA.
7.2.a On an annual basis the City shall determine the amount of funds
available to be distributed through a NOFA procedure
7.2.b In no case shall the amount disbursed through the non-competitive
process exceed 10% of the annual AHTF revenue in a given
program year.
7.2.c The City of Ashland recognizes that the nature of affordable
housing development acquisition of property is often opportunity
dependant. Further many nonprofit housing developers lack the.
resources to undertake feasibility studies, due diligence
inspections, preliminary drawings and other activities required to
evaluate potential projects as well as apply for project financing.
7.2.d To enable non-profit organizations, community development
organizations, the Housing Authority of Jackson County, and the
City of Ashland, to be responsive to opportunities outside of the
annual Request for Proposals timeline, the City may reserve a
portion of Affordable Housing Trust Funds to support pre -
development activities.
7.2.d.1 Predevelopment activities undertaken by a community
development organization in support of the development of
affordable housing including planning, architectural
services, engineering services, landscape design, legal
services, surveys, appraisals, site clearance and demolition,
environmental clearance, and payment of permit application
fees may be supported through a non-competitive award of a
predevelopment grant that may be required to convert to a
loan if the project receives full funding.
7.2.d.2 For -profit developers are not eligible to apply for Ashland's
Affordable Housing Trust Funds to assist with
predevelopment costs.
7.2.e The City of Ashland is eligible to utilize the funds reserved for the
NOFA process to conduct eligible activities as described in Section
3.
7.2.f The City may fund through a NOFA process an ongoing down -
payment assistance program, rental assistance program, education
program, rehabilitation program, or other programs intended to
increase housing opportunities for Ashland's low -moderate income
residents which are administered by a non-profit or governmental
organization.
Section 8 AHTF Grant or Loan Award Threshold and Selection Criteria
8.01 The project is considered an eligible use or activity under Section 3,
and benefits households earning less than 120% the Area Median
Income.
(threshold verification)
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8.02 If the project is related to the provision of technical assistance to
affordable housing providers, the use of Ashland Housing Trust
Funds functions to increase the capacity of the organization to
specifically address the mission of the AHTF.
(threshold verification).
8.03 Affordable Housing Trust funds shall be limited to the minimum
amount necessary to complete the project. The lower the
percentage of AHTF funds requested, relative to the full project
costs, the higher ranking the project shall be given.
8.04 The project addresses the unmet housing needs as identified in the
Ashland Housing Needs analysis or Consolidated Plan.
8.06 The lower the income level that is targeted for the benefiting
households, the higher the ranking the project shall be given.
8.06 The project provides new affordable housing, or new affordability,
through retention or rehabilitation of existing housing, within the
City. The greater the number of units provided, the higher the
ranking the project shall be given.
8.07 The project retains the affordable housing units as affordable. The
longer period of time the units remain affordable, the higher ranking
the project shall be given.
8.08 The project addresses energy conservation through the integration
of green building technologies in new construction, or achieves
greater energy efficiency through rehabilitation of existing housing.
8.09 The project maximizes partnerships in the community (volunteers,
in -kind contributions, cash contributions, multiple organizations
involved, etc.).
8.10 The project utilizes already existing resources in effective and
innovative ways. The project shall not duplicate service provided
by another organization.
8.11 The agency submitting the proposal has the capacity to carry out
the project and has had demonstrated successes completing
projects of similar scope.
8.12 The budget and time line are thorough and realistic.
8.13 The project is ready for implementation.
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8.14 If the project includes the acquisition of property, the identified
property is currently available for acquisition and the applicant has
secured either a purchase option or letter of interest from the seller.
If the applicant is also applying for federal funding (Community
Development Block Grants or HOME) they should carefully review
procurement requirements and limitations before obtaining a
purchase option.
8.15 That relocation of existing residents will be minimized, and when
necessary the applicant has included accurate relocation
assistance costs as part of the project pro forma.
8.16 The proposal demonstrates that Ashland Housing Trust Funds are
the most appropriate funding source, and necessary, for the
project.
8.17 Additional selection criteria may be developed and included in the
annual RFP to best direct Affordable Housing Trust Funds toward
an identified priority need. Numeric Rankings for each of the
selection criteria shall be incorporated into the annual RFP.
SECTIO 9. his resolution was duly PASSED and ADOPTED this A-�-'
day of 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this �Z3 day of , 2008.
David Chapman, Coun�-ICh�air�
Reviewed as to for
U�JA—
llichakd- Appic 11 , City Attorney
Council Business Meeting
January 7, 2020
Agenda Item I Mayor Presentation Capital Needs and Financing I
From I Mayor Stromberg ( Mayor
I Contact I Council@ashland.or.us I
SUMMARY
During the June 4, 2019 City Council Business meeting I informed the Council that I had convened a working
group to produce recommendations for dealing with various situations created by or related to the recently adopted
budget for the 2019-21 biennium. The working group consists of the City Administrator and City Attorney,
Councilors Graham and Rosenthal, the Administrative Services Manager, and former Mayor, Cathy Shaw, plus
bond consulting by bond attorneys Harvey Rogers and Carol McCoog from the legal firm of Hawkins, Delafield &
Wood LLP.
We have met multiple times since then, both as a whole group and in smaller configurations depending on the
subject matter. Our process has produced sufficient information at this time that I can come forward to the City
Council with our first recommendation, contained in this Council Communication.
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
The working group started with multiple concerns. The City Administrator was concerned about necessary General
Fund infrastructure maintenance/development projects without provisions for their funding. Councilor Rosenthal
and I were concerned with cuts contained in the budget that would undermine delivery of essential services.
Councilor Graham had proposed during the Budget Process that we integrate the City's adopted Climate Energy
Action Plan with specific funding appropriations. Former Mayor Shaw suggested we explore issuing long term
bonds as a way of reducing the burden of PERS assessments and the rising cost of health care benefits. All of us
felt it was time to move ahead with a Live Entertainment Ticket Tax as a new source of revenue that would tap
discretionary income, primarily of visitors.
We have focused our efforts on four specific concepts, the first two of which are contained in this Council
Communication. They are:
1) Funding a bundle of capital projects via a 20 year facilities bond to be brought to the voters in the May, 2020,
primary election.
2) One component of the above bundle involves solar generating facilities for emergency power/disaster recovery
for General Fund departments and the EOC. (This 'qualifies' as carbon mitigation in the context of the CEAP.)
Similar generating capacity could be developed by the Water, Wastewater and Electric utilities for their disaster
recovery needs.
3) Restoring funding for currently vacant essential services staffing via a dedicated fee.
4) Starting the process of modifying the AMC to establish a Live Entertainment Ticket Tax.
Specifics of Items 1) and 2) are contained in this Council Communication. I will provide a recommendation to the
Council regarding item 4) at a Council meeting early in 2020. A recommendation for item 3) will wait for the
results of the facilities bond election (if the Council should choose to put it forth) because the City Administrator
will need to move all employees out of City Hall if the City is not making demonstrable progress on addressing its
seismic risk. The yet unknown cost of moving employees currently housed in City Hall will require additional
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funds not provided for in the current budget and must be addressed. Also, by May we will have a better assessment
of the performance of non -property -tax General Fund funding sources (Occupancy and Meals Taxes, franchise fees,
etc. as well as a possible ticket tax) all of which may affect the exact amount of the proposed meter fee.
And, with this preamble, I now bring you the following findings and recommendation for funding vital capital
expenditures:
Project
Estimated Cost
City Hall
$7,200,000
Resiliency - Solar
$2,100,000
Community Center
$500,000
Pioneer Hall
$500,000
Butler-Perozzi Fountain
$350,000
TOTAL
$10,650,000
City Hall: The City Council, during the October 15, 2019 City Council Business meeting, approved construction
of City Hall at the current location. Subsequently, during the December 3, 2019 City Council Business meeting the
City Council approved moving forward with a new City Hall building.
The new City Hall will:
• Be a two-story replacement of the existing building
• Not look like a two-story version of the four-story rendition that was presented to the City Council as a
previous Council meeting
• Have a faster project completion timeline than building a building within the current City Hall building.
This is important due to the spatial and economic sensitivity of the downtown area
• Allow for 600 feet of additional space for no additional cost. This is due to the fact that the second
floor of the current City Hall is only partially enclosed. Mechanical equipment occupies space on a
part of the building's rooftop. Many people don't know about this as the mechanical equipment can't
be seen from the street.
Be less costly to meet the energy efficiency goals set out by the City Council via the Climate and
Energy Action Plan
Community Center: The Ashland Women's Civic Improvement Club was founded in 1908 for the purpose of
improving and beautifying Ashland. The home for this civic organization was built from 1921 to 1922, and was
later known as the Winburn Way Community Center (source: nps.gov). After the formal dedication of the
clubhouse, the facility was used for meetings, banquets, shows and tourist events until it became a USO
headquarters during World War II. After the War it served as the home of the Ashland Parks and Recreation
Department for a number of years.
The building became quite run down, and in 1985 the City of Ashland took control of the property, which was
restored and rededicated to its original use for local club meetings, dances, exhibitions and presentations. The north
facing wall of the building is canted such that the building has been declared unusable. The repair will entail, at a
minimum, a new roof structure and wall. As this is an older building staff is not certain that once the roof is
removed that there will not be more damage to repair. It has been estimated that the repair will no more than
$500,000.
Pioneer Hall: Pioneer Hall was originally built in 1921 with the kitchen added in 1925. Significant restoration and
expansion was completed in 1988. Pioneer Hall is a City -owned building that has traditionally been used as a
community hall, available by reservation for public and private events. A structural assessment and code evaluation
of Pioneer Hall identified a number of facility deficiencies primarily focused on the roof structure, seismic
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rehabilitation, HVAC and ADA requirements. The roof on Pioneer Hall can become overloaded with a snow load
and this limits its ability to be utilized in the winter. It has been estimated that the facilities repairs will cost no
more than $500,000
Butler-Perozzi Fountain: The fountain is an historical asset of Lithia Park and has been identified as a high priority
for repair due to its age and the rate at which the original stone is deteriorating. The Ashland Parks and Recreation
Commission (APRC), which is responsible for the fountain, has dedicated $70,000 from the Food and Beverage Tax
for its repair in the 2019-21 Biennium; however, it has been estimated that the full repair may cost as much as
$500,000. At this time APRC has identified some of the options for preserving and repairing the fountain; however,
an artist or craftsperson has not been located who can perform the work. While it is unlikely that $350,000 from the
bond, plus $70,000 dedicated from the Food and Beverage tax will complete the project, the Ashland Parks
Foundation is willing to launch another fund-raising effort that would focus on the Butler-Perozzi Fountain to bridge
the gap. Additionally, the Fregonese Family has also promised to help in the fund-raising effort to honor the late
John Fregonese, who was instrumental in repairing the fountain in 1999. With the financial assistance possible
through this bond, APRC is confident that the repair and preservation of the treasured Butler-Perozzi Fountain will
be successful, and many more generations will be able to enjoy this historic piece of Ashland.
Climate Change Resiliency — Solar: Three 200 kilowatt solar systems located on City facilities at the Service
Center. Three systems at the service center, would be a significant step towards a microgrid resiliency system for
the entire campus, which includes the Emergency Operations Center and the center of operations for both Public
Works and our Electric Department. It could be designed and built to be ready to incorporate batteries at some
point in the near future. Each system would cost approximately $700,000 or $3.50 per installed watt. The value of
the annual kilowatt production for the three systems is estimated to be $20,000425,000. That value increases over
time with kilowatt cost increases. The total project is estimated to cost $2.1 million and have cost savings to the
Facilities Fund of approximately $20,000425,000 annually. Finally, any excess production could be virtually net
metered to pay for the electricity use at Comm Dev and/or City Hall. Please note that the proposed solar facilities
are not associated with the water and wastewater treatment facilities, which are Enterprise Funds. Solar facilities
associated with those essential services must be paid for through rates.
FISCAL IMPACTS
The Mayor has assessed the available funding sources which include a fee or a General Obligation Capital Bond
and recommends a 20-year capital improvement bond. This is a typical method of funding capital expenditures.
For example, most recently the City used the funding mechanism to pay for Fire Station #2.
Project
Estimated Cost
20-Year Bond Per
$1,000 of Assessed
Value — Tax Rate
Capital Projects
$10,650,000
$0.2625
A property tax payer with a residence with an assessed value of $400,000 would pay an estimated $105.00 per year.
Currently that same property tax payer pays $92.00 per year in taxes that will go off the tax rolls June 30, 2020.
Property tax payers in Ashland currently pay $0.23 per $1,000 of assessed value for Fire Station #2 ($0.1035) and
the Jackson County Library Construction Bond which was used to build libraries in almost every town in Jackson
County including Ashland ($0.1265). These two bonds will go off the tax rolls on June 30, 2020. In essence, the
proposed 20-Year General Obligation Capital Bond to improve City -owned structures will be close to equal to the
amount that is going off the tax rolls making it no more than property tax payers are paying now.
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MAYOR'S RECOMMENDATION
The City Council has been moving forward with a new City Hall at the current location for over a year and the
question of where City Hall should be has been discussed for over 20 years. The City Council appointed an Ad
Hoc Committee whose recommendation was to keep City Hall in its current location downtown. It is time to move
forward with a new City Hall in the current location. The City Council has been informed that we are putting City
staff at risk, as City Hall is an unreinforced concrete building that will likely collapse in an earthquake. In addition,
the City Council is putting the financial wellbeing of the City at risk as City Hall is a known liability. The City has
two well -loved community buildings that are in desperate need of repair. These are old buildings and while they
have been regularly maintained the issues that these buildings are experiencing, while not foreseeable are not a
surprise considering the age of the structures. These buildings are used by the community and should be restored
for the communities' use. The issues with the Butler-Perozzi fountain are similar to that of the Community Center
and Pioneer Hall. Finally, the City needs to move forward with energy resiliency. In an emergency the Service
Center will be the hub of emergency services including the Emergency Operations Center and much of the Public
Works and Electrical Departments.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move that Staff produces the documentation to move forward with a $10,650,000 20-year General Obligation
Capital Bond with a tax rate of $0.2625 per $1,000 of assessed value to pay for the construction of a new City Hall,
rehabilitating the Community Center and Pioneer Hall, rehabilitating the Butler-Perozzi Fountain and solar
installations at the City's Service Center located at 90 N. Mountain Avenue for the May 12, 2020 Jackson County
election.
I move to direct City staff to develop a public involvement action plan to provide education to Ashland residences
and businesses regarding this action.
REFERENCES & ATTACHMENTS
N/A
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Council Business Meeting
January 7, 2020
Agenda Item
City Council Direction to Direct Staff Resources to Develop a Work Program on
5G Telecommunications
From
Kelly Madding
City Administrator
Contact
Kelly. madding@ash land. or. us; (541) 488-6002
SUMMARY
Councilor Graham has asked that, what will inevitably, be more than two hours of City staff resources be used to
develop policy on 5G telecommunications. Per Section 2.04.030(B)(2) requires that, "a Councilor who wants to add
to the Council's agenda an item requiring more than two hours of preparation by staff, including policy research and
document drafting, should first propose the addition at a Regular Meeting under Other Business from Council
members or at a Study Session."
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
None
BACKGROUND AND ADDITIONAL INFORMATION
The City Council heard a presentation by representatives from Oregon for Safer Technology on May 20, 2019.
Before that time and since, various members of the public have testified before the City Council regarding their
concern about 5G technology.
FISCAL IMPACTS
The majority of the cost of this project will come from staff time, with the emphasis being with the City Attorney.
However, there may be a need to hire a consultant specializing in this topic.
STAFF RECOMMENDATION
N/A
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to direct staff to prepare a work program regarding 5G technology policy for the City Council's review.
REFERENCES & ATTACHMENTS
N/A
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Council Business Meeting
January 7, 2020
Agenda Item
First Reading of An Ordinance to Amend the Ashland Fire Prevention Code
AMC Chapter 15.28
From
Ralph Sartain
Division Chief, Fire & Life Safety
Contact
ralph.sartain(cDashland.or.us; (541) 552-2229
SUMMARY
The Fire & Life Safety Division of Ashland Fire & Rescue wishes to amend the Ashland Municipal Fire Code to
adopt the current fire code edition, allow the Ashland Police Department to enforce Fire Code Violations on private
property by citing or towing unoccupied vehicles on private property creating a hazard to the community, prohibit
On Demand Mobile Fueling Operations and establish a section to enforce nationally recognized standards in the
enforcement and inspection of mobile and temporary food cooking operations.
POLICIES, PLANS & GOALS SUPPORTED
27.2 Inspections of Businesses and Multi -Family Residences
27.3 Target Hazard Fire Inspections
27.9 Burn Enforcement and Permits
27.11 Plans Review of Fire Protection Systems
49.1 Insure that codes and plan checks are consistently reviewed
PREVIOUS COUNCIL ACTION
Ord. 3156, amended 02-05-2018
Ord. 3104, 2014 to adopt 2014 Oregon Fire Code
Ord. 3037 amended 09-07-2010 to adopt 2010 Oregon Fire Code
Ord.2944 amended 11-06-2007 to adopt 2007 Oregon Fire Code
BACKGROUND AND ADDITIONAL INFORMATION
A review of the current sections contained in AMC Chapter 15.28 showed the need to modify and/or amend
language to bring the code up to current standards and requirements for the City. Please see listed changes per
section:
Section 1: Changes code from 2014 to 2019, and changes Appendix numbering to comply with new numbering in
Appendix of Fire Code
Section 2: No Changes
Section 3: No Changes
Section 4: Adds new code reference of Recordkeeping in section 108.3 of the 2019 Fire Code
Section 5: No Changes
Section 6: Letter E (d), is modified to give the Ashland Police Department the authority to cite an unoccupied
vehicle or tow the vehicle if the vehicle is creating a hazard when related to blocking fire suppression
systems.
Current letter N is moved to letter O and corresponding letters increased by one letter.
Letter N is changed to prohibit section 5707 On -Demand Mobile Fueling Operations within the City of
Ashland.
Letter S — Mobile and Temporary Cooking Operations. Provides a national standard of inspection and
maintenance for mobile and temporary cooking operations through NFPA 1 section 50.7 which is not
currently available in the 2019 Oregon Fire Code.
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Section 7: No Change
Section 8: No Change
Section 9: No Change
Section 10: No Change
Section 11: No Change
Section 12: No Change
Section 13: No Change
Section 14: No Change
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
Staff recommends approval of the first reading of Ordinance No. 3186 and to send the Ordinance to a second reading
on January 21, 2020.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to approve the first reading of Ordinance No. 3186 to amend the Ashland Fire Prevention Code AMC
Chapter 15.28 and to send Ordinance No. 3186 to a second reading on January 21, 2020.
REFERENCES & ATTACHMENTS
Attachment 1: Ordinance No. 3186
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ORDINANCE BILL NO.3186
AN ORDINANCE TO AMEND THE ASHLAND FIRE PREVENTION CODE;
REPEALING AND REPLACING AMC CHAPTER 15.28
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
WHEREAS, the Fire and Life Safety Division wishes to amend the Ashland Municipal Fire
Code to adopt the current fire code edition, allow the Ashland Police Department to enforce Fire
Code Violations on private property by citing or towing unoccupied' vehicles on private property
creating a hazard to the community, and to prohibit On Demand Mobile Fueling Operations.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 15.28.010 Adoption of Oregon Fire Code
Except as specifically excluded or modified by this chapter, the City of Ashland adopts the 2019
Oregon Fire Code and appendices A through N and O and R ",
which will be referred to in the Ashland Municipal Code as the Oregon Fire Code ("OFC"). One
(1) copy of the Oregon Fire Code and appendices shall be filed in the office of the City Recorder.
(Ord. 3161 § 1, amended, 02/05/2018; Ord. 3104, amended, 2014; Ord. 3037, amended,
09/07/2010; Ord. 2944, amended, 11/06/2007; Ord. 2929, amended, 08/18/2006; Ord. 2925,
amended, 04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 2. 15.28.020 Establishment of Duties
The Oregon Fire Code shall be enforced by the Fire Code Official as defined by the Oregon Fire
Code. (Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006
SECTION 3. 15.28.030 Definitions
The following definitions govern the construction of this chapter:
A. "Jurisdiction," as used in the Oregon Fire Code, means the City of Ashland ("Ashland").
B. "Department of Fire Prevention," as used in the Oregon Fire Code, means "Fire and Life
Safety Division."dd
C. "Fire Code Official," as used in the Oregon Fire Code, means the Division Chief of Fire and
Life Safety or designee.
D. "Apparatus cost' means the standardized cost, including repairs and depreciation, for the use
ORDINANCE BILL NO. 3186
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of Ashland Fire and Rescue ("AF&R") and public works apparatus or equipment, as set forth in
adopted regulations of the State Fire Marshal or in City resolution, and the cost for the use of
apparatus or equipment of another jurisdiction which may respond to an incident pursuant to
statute or intergovernmental agreement.
E. "Direct costs" means those costs of supplies, apparatus and labor incurred by the City or
another jurisdiction in responding to an incident and as may be set forth in adopted regulations of
the State Fire Marshal or in City resolution.
F. "Direct fire or rescue services" means any service provided by employees of the City (1) to a
person whose person or property is injured or threatened with injury; or (2) to a person whose
property has injured or threatens to injure another person or another person's property, for which
a charge is not otherwise imposed under this code. "Direct fire or rescue services" includes, but
is not limited to, the suppression of fires, the rescue of persons or property, the provision of
medical assistance, and containment and cleanup of hazardous materials.
G. "Indirect costs" means those costs that are set forth in adopted regulations of the State Fire
Marshal or in City resolution, and which are the product of the state "average response
availability rate" and the time spent responding to an incident, together with the state "average
support services cost per incident," as defined by the State Fire Marshal.
H. "General costs" means direct or indirect costs that are not attributable to any particular
person who received direct fire and rescue services.
I. "Gross negligence" means conduct with conscious indifference to or reckless disregard of the
rights of others.
J. "Labor costs" means the compensation paid by the City to its employees, including but not
limited to base pay, overtime pay and fringe benefits, during the time spent responding to an
incident'
K. "Railroad right-of-way" means a right-of-way used for rail transportation.
L. "Transportation route" means a roadway or waterway against which no taxes or assessments
for fire protection are levied by the City. (Ord. 3161 § 2, amended, 02/05/2018; Ord. 3081,
amended, 04/02/2013)
SECTION 4. 15.28.050 Fire Protection System Maintenance
Fire protection systems service providers providing inspections, tests, and maintenance required
ORDINANCE BILL NO. 3186
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by OFC 901.6 and the referenced standards shall be qualified and shall provide the inspections,
tests, and maintenance in accordance with the referenced standards and section 108.3. Failure by
a company or individual service provider to follow the referenced standards is a Class I violation.
(Ord. 3161 § 3, amended, 02/05/2018; Ord. 3104, amended, 2014)
SECTION 5. 15.28.060 Restricted Uses During Fire Season
A. The City of Ashland will follow the Oregon Department of Forestry ("ODF") burn
restrictions and regulations during fire season. Open flame and fire pits are prohibited at high fire
index.
Exemption: A seasonal permit for contractors can be obtained for use within the City of Ashland
to allow for powered equipment use during fire season (i.e., landscape, construction, etc.).
Working on or within one -eighth (1/8) of a mile of ODF-protected property requires an
additional permit issued from ODF.
B. The Fire Code Official or designees may issue a permit which allows a person to conduct a
restricted activity as long as specified fire prevention measures are taken to reduce the potential
for fire ignition. Contractors, such as those performing landscape or construction work, may
obtain a seasonal permit for use within the City to allow for powered equipment used during fire
season. Working on or within one -eighth (1/8) of a mile of ODF-protected property requires an
additional permit issued by ODF. (Ord. 3161 § 4, amended, 02/05/2018; Ord. 3037, amended,
09/07/2010; Ord. 2944, amended, 11/06/2007; Ord. 2929, amended, 08/18/2006; Ord. 2925,
amended, 04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 6.15.28.070 City of Ashland Modifications to the Oregon Fire Code 2019 20"
Edition
Ashland Fire Prevention Code incorporates the Oregon Fire Code 2014 Edition except that the
following referenced OFC sections are modified as set forth below:
A. OFC Section 104.6.3 is modified by the addition of the following language:
Fire Investigation Reports for fires that are under investigation will not be released until the
investigation is complete. Exception: The Fire Chief may release incomplete Fire Investigation
Reports if warranted.
B. OFC Section 106.2 is modified by the addition of the following language:
1. Inspections outside of normal business hours: The Fire & Life Safety Division will make
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every attempt to conduct inspections during normal business hours (Monday thru Friday 8 am to
5 pm). If the applicant or business owner's agent requests an inspection outside of normal
business hours, or if the Fire Code Official determines a permit inspection is required and there
is no other alternative but to conduct the inspection outside of normal business hours, the Fire
Code Official shall inform the applicant or business agent there will be an after-hours inspection
fee of $150.00. The inspection will not be performed until the required fees have been paid.
For additional information see City of Ashland Fee Schedule.
2. Re -Inspection Fees, each Fire & Life Safety inspection is provided with one additional re -
inspection at no additional cost to the business. If a second re -inspection is required, a fee of the
base inspection plus $100 shall be assessed. If a third re -inspection is required, a fee of the base
inspection plus $200.00 shall be assessed. If a fourth re -inspection is required, a fee of the base
plus $400.00 shall be assessed.
For additional information see City of Ashland Fee Schedule.
C. OFC Section 105.1.1 is modified by the addition of the following language:
A schedule of permit and service fees not more than the actual or average cost of providing
service shall be established by resolution of the City Council and periodically amended by
Council resolution and kept at Ashland Fire & Rescue and in the City Recorder's office.
Required permits include, but may not be limited to, the following list:
1. Operational Permits:
a. Fireworks, public display of
b. Exhibits and trade shows
c. Fumigation and thermal insecticidal fogging
d. Liquid or gas -fueled vehicles or equipment in assembly buildings
e. Pyrotechnic and special effects material
f. Temporary membrane structures, tents and canopies over 400 square feet
g. Activities involving open flames
h. Haunted Houses
i. Marijuana processing
2. Construction/Use Permits:
a. Automatic fire -extinguishing systems
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b. Battery Systems
c. Compressed gases
d. Fire alarm and detection systems
e. Fire Pumps
f. Flammable and Combustible Liquid Storage
g. Hazardous Materials
h. Industrial Ovens
i. LP -gas > 125 gallons
j. Private Fire Hydrants
k. Spraying or dipping operations
1. Standpipe systems
m. Fire Sprinkler Systems
D. OFC Section 105.6.30, Open Burning, is modified by deleting the current language of this
OFC provision entirely and adding the following language: See Ashland Municipal Code 10.30.
E. OFC Section 503.4 is modified by the addition of the following language:
1. The Ashland Police Department shall have the authority to issue fire code citations for the
following offenses on public and private properties:
a. Obstruction of marked fire apparatus access roads and fire lanes (Ref. OFC 503.4; 503.2.1)
b. Failure to maintain existing NO PARKING — FIRE LANE signs/markings (Ref. OFC 503.3;
D 103.6)
c. Obstruction of fire hydrants and fire protection equipment (Ref. OFC 507.5.4; ORS 811.550
(16))
d. The Ashland Police Department may cite the registered owner of the vehicle if the
unoccupied vehicle is found to be standing in violation or tow the vehicle if in the opinion of
the officer the parked vehicle is creating a hazard to the community.
F. Section 506.1. Add the following sentence:
The key box shall be installed and maintained in accordance with the manufacturer's
instructions, and shall contain keys to gain necessary access as required by the Fire Code
Official.
G. OFC Section 507.5.1. Delete and replace with the following:
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Where required. Where a portion of the facility or building hereafter constructed or moved into
or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on -site fire
hydrants and mains shall be provided where required by the Fire Code Official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement shall be 300 feet.
2. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance
requirement shall be 600 feet (183 m).
H. OFC Section 307 is modified by deleting the current language of this OFC provision entirely
and adding the following language: Refer to AMC 10.30.
I. OFC Section 901.6, Records, is modified by deleting the current language of this OFC
provision entirely and adding the following language:
Records of all system inspections, tests, and maintenance required by the referenced standards
shall be maintained on the premises for a minimum of three years and service contractors shall
send reports of tests to the City of Ashland Fire & Life Safety Division within 30 days of
performing the inspection and test. The manner in which contractors shall submit ITM reports to
Ashland Fire & Rescue shall be specified by the Fire Code Official.
J. OFC Section 904.1.1 is modified by the addition of the following language:
Fire protection system service providers providing inspections, tests, and maintenance required
by OFC 901.6 and the referenced standards shall be qualified and shall provide the inspections,
tests and maintenance in accordance with the referenced standards. Where the manufacturer
requires only manufacturer certified technicians to conduct inspection, testing and maintenance
service on their engineered fire protection systems, uncertified technicians shall not service the
system. Prior to conducting service in the City of Ashland the technicians shall provide a current
manufacturer certification in a manner specified by the Fire Code Official.
K. OFC Section 5601.1.3 is modified by the addition of the following language:
Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR
837-012-0675, the sale of retail fireworks as defined in OAR 837-012-0610 is prohibited within
the City of Ashland.
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1. The sale and/or use of retail fireworks as defined in OAR 837-012-0610 is prohibited at all
times;
2. The sale and/or use of sparklers as defined in ORS 480.110 is prohibited at all times;
3. The storage of retail fireworks within the City of Ashland is prohibited at all times; and
4. The advertising of retail fireworks or sparklers is prohibited within the City of Ashland in
accordance with ORS 480.152 and OAR 837-012-0665.
5. As a limited exception from the prohibitions in provisions 1 through 4 above, the use of
fireworks for public display is allowed in conformance with NFPA 1123 Code for Fireworks
Display, current edition, with a valid Ashland Fire & Rescue Fireworks Permit.
L. OFC Section 5601, Storage of Explosives —Prohibited, is modified by the addition of the
following language:
The scope referred to in Chapter 5601 of the Oregon Fire Code which references the Oregon
Revised Statutes and Oregon Administrative Rules related to explosives is amended as follows.
The sale, manufacture, possession, transfer and storage of explosives as defined by ORS
480.200(3) are prohibited in all areas within the City of Ashland except as specifically permitted
in writing by the Fire Code Official.
M. OFC Section 5704, Above -Ground Storage of Flammable or Combustible Liquids, is
modified by the addition of the following language:
The limits referred to in Section 5704.2.9.6.1 of the Oregon Fire Code in which the storage of
flammable or combustible Class I and II liquids in above -ground tanks outside of buildings is
restricted are established as follows: All City of Ashland residential and historical district areas
as defined in the Comprehensive Plan. All installation and removal of above ground storage units
requires an operational permit from Ashland Fire & Rescue. New above -ground bulk storage
plants for flammable or combustible liquids are prohibited within this jurisdiction.
N. The City of Ashland is prohibiting section 5707 On -Demand Mobile Fueling Operations
within the City Limits.
N. O.OFC Section 6104, Storage of Liquefied Petroleum Gases — Restricted:
The limits referred to in Section 6104.2 of the Oregon Fire Code, in which storage of liquefied
petroleum gas is restricted, are established as follows: All City of Ashland residential and
historical district areas as defined in the Comprehensive Plan are limited to the aggregate
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capacity of anyone installation shall not exceed a water capacity of 500 gallons.
Exception: In particular installations, this capacity limit shall be determined by the Fire Code
Official, after consideration of special features such as topographical conditions, nature of
occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection
to be provided and capabilities of the City of Ashland Fire & Rescue Department.
0. P.OFC Appendix A101.11 is modified by the addition of the following language:
A decision by the Ashland Fire Code Official may be appealed to a Board of Appeals established
pursuant to Oregon Fire Code Section 108 of the Oregon Fire Code. An appellant aggrieved by
the decision of the Board of Appeals may appeal to the Oregon State Fire Marshal as provided in
ORS 479.180 if the subject of the appeal concerns a matter governed exclusively by the Oregon
Fire Code and the appeal is filed within 10 days of the Board's final order. If an appeal from the
decision of the Board of Appeals, however, concerns a matter reserved by this Ashland Fire
Prevention Code (Ashland Municipal Code Chapter 15.28) for local decision -making, such an
appeal must be submitted in writing to the Ashland City Council within 10 days of the Board's
final order. A decision by the City Council shall be the final decision of the City and may not be
appealed to the State Fire Marshal.
P. Q. OFC Appendix D105.1, Aerial Fire Apparatus Access Roads, is modified by deleting the
current language of this OFC provision entirely and adding the following language:
Where required. (Buildings or portions of buildings or facilities exceeding 24 feet in height
above the lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.) Where the
vertical distance between the grade plane and the highest roof surface exceeds 24 feet approved
aerial fire access roads shall be provided. For the purposes of this section, the highest roof
surface shall be determined by measurement to the eave of a pitched roof, the intersection of the
roof to the exterior wall, or the top of parapet walls, whichever is greater. Overhead utility and
power lines shall not be located within the aerial fire apparatus access roadway or between the
aerial fire access road and the building.
Q.R. OFC Appendix D105.2 is modified by deleting the current language of this OFC provision
entirely and adding the following language:
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Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the
immediate vicinity of any building or portion of building more than 24 feet in height. (Ord. 3161
§ 5, amended, 02/05/2018; Ord. 3104, amended, 2014; Ord. 3059, amended, 04/17/2012; Ord.
3037, amended, 09/07/2010; Ord. 3006, amended, 03/02/2010; Ord. 2944, amended, 11/06/2007;
Ord. 2932, amended, 10/18/2006; Ord. 2929, amended, 08/18/2006; Ord. 2925, amended,
04/18/2006; Ord. 2921, amended, 01/05/2006; Ord. 2876, amended, 09/04/2001; Ord. 2871,
amended, 08/07/2001)
S. Mobile and Temporary Cooking Operations
The City of Ashland will follow nationally referenced standards of inspection and
maintenance provided by the National Fire Protection Agency (NFPA 1 National Fire Code
section 50.7) for Mobile and Temporary Cooking Operations.
SECTION 7. 15.28.090 New Materials, Processes or Occupancies — Permits Required
The Building Official, the Fire Chief and the Fire Marshal shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard, any new materials,
processes or occupancies for which permits are required in addition to those now enumerated in
the Oregon Fire Code. The Building Official, in accordance with Section 104.9 of the Oregon
Structural Specialty Code, shall record and enter in the files of the Building Department any
action granting approval of new or alternate materials. (Ord. 3161 § 6, amended, 02/05/2018;
Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01 /05/2006)
SECTION 8. 15.28.100 Penalties
A. Any person violating or causing violation of any of the provisions of this chapter has
committed a Class I violation and, upon conviction thereof, is punishable as prescribed in AMC
1.08.020. Such person, firm or corporation is guilty of a separate violation for each and every
day during which any violation of this chapter is committed or continued by such person, firm or
corporation. This violation can be retroactively applied to the first day the occupant or owner
was made aware of the violation by the Fire Code Official.
B. For any violations of this chapter deemed to be life -threatening, a citation can be issued for
each and every occurrence, including multiple occurrences in one (1) day. Life -threatening
hazards include but are not limited to overcrowding, locking or obstructing doors designated to
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remain unlocked, and shutting off or removing designated fire protection equipment.
C. The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions. (Ord. 3161 § 7, amended, 02/05/2018; Ord. 3059, amended, 04/17/2012;
Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006)
SECTION 9. 15.28.110 Severability
Should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted
be declared for any reason to be invalid, it is the intent of the City of Ashland that it would have
passed all other portions of this ordinance independent of the elimination here from of any such
portion as may be declared invalid. (Ord. 2929, amended, 08/18/2006; Ord. 2925, amended,
04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 10. 15.28.130 Firefighting Outside City - Authorized
In accord with ORS 476.290, the Fire Chief or representative is authorized to extinguish
uncontrolled fires that are found to be burning in unprotected areas situated outside the
boundaries of the City and that are causing or may cause an undue jeopardy to life or property if,
in the opinion of the Fire Chief or representative, such fire is causing or may cause an undue
jeopardy to life or property. (Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006;
Ord. 2921, amended, 01/05/2006; Ord. 1698 § 1, amended, 1971)
SECTION 11. Firefighting Outside City —Resources
In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative may
employ the same means and resources used by them to extinguish similar fires within the City.
(Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006)
SECTION 12. 15.28.150 Plan Review/Permits — Fees
For application in this City, Oregon Fire Code plan review fees shall be established by resolution
of the City council. (Ord. 2929, amended, 08/18/2006; Ord. 2921, amended, 01/05/2006; Ord.
2906, added, 04/06/2004)
SECTION 13.15.28.160 Code Compliance Inspection —Fees
The schedule for fire code compliance inspections shall be established by resolution of the City
Council. (Ord. 3161 § 8, amended, 02/05/2018; Ord. 2929, amended, 08/18/2006; Ord. 2921,
amended, 01/05/2006; Ord. 2906, added, 04/06/2004)
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SECTION 14. 15.28.170 Cost Recovery Fees
A. Fire and Rescue Service Charges Imposed.
1. Any person receiving direct fire and rescue services from AF&R as a result of a motor
vehicle collision, a hazardous materials incident, a victim rescue or an occurrence on a
railroad right-of-way or transportation route that requires AF&R service, shall be liable to
the City for the direct and indirect costs incurred by the City in responding to the incident.
2. Whenever a fire is extinguished or attempted to be extinguished by AF&R outside the
City of Ashland, the owner of the property involved in such fire shall be liable to the City for
the direct and indirect costs of fire and rescue services incurred by the City in responding to
the incident.
3. When more than one person receives direct fire and rescue services from AF&R in a
single incident, the general costs incurred may be apportioned pro rata among the recipients
of the services not otherwise exempt from payment or among the parties involved in the
incident, or through any other apportionment which reasonably allocates the costs of the
benefits received.
B. Exemptions from Charges.
1. Except as provided in this section, a person liable for a charge imposed under Section
15.28.170 shall be excused from paying the charge if the person presents satisfactory proof
to the City that, at the time of the incident giving rise to the charge, the person was a resident
of the City, owned real property within the City, or was the holder of a valid license from the
City issued under Chapter 6.04.
2. The exemptions of this section do not apply to:
a. Drivers of vehicles under the influence of alcohol or drugs;
b. Persons who commit acts of gross negligence or are otherwise in violation of local
law or state statute;
c. Persons causing incidents that require hazardous materials clean-up; or
d. Fire extinguishment efforts by AF&R on property outside the City of Ashland.
C. Interest on Charge. Any charge imposed under this section shall be due to the City upon
demand or billing by the City. Any person who fails to pay such charge within ninety (90) days
of receipt of a bill from the City shall also pay interest on the charge from the date of the billing
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at the rate of 12 percent (12%) per year; interest for a fraction of a year shall be prorated.
D. Use of Payments Received. Fire and rescue service charges collected by the City shall be
deposited in accounts designated for such payments. Funds in such accounts shall be expended
only for operational costs of the fire department, police department, or the public works
department, to reimburse the City for costs of administering and collecting charges for fire and
rescue services.
E. Failure to Pay Charge — Violation.
1. Any person who fails to pay a fire and rescue service charge within ninety (90) days of
receipt of a bill from the City, or within such additional time as may be allowed by a written
extension of time by the Fire Chief, is in violation of this code. The issuance and
enforcement of a citation for this violation is governed by the provisions of AMC Chapters 1
and 15, and any other remedy provided by municipal or state law.
2. It shall be a defense in any proceeding that:
a. The person did not receive fire or rescue services;
b. The person is exempt from the payment of the charge; or
c. The charges were improperly computed and billed.
3. Failure to pay a fire and rescue service charge when due shall also subject the obligee to
the general penalties for violation of City ordinances and any other remedy provided by
municipal or State law.
F. Appeal Procedures. A person AF&R determines to be liable for fire and rescue services
charges may appeal AF&R's determination as provided in AMC 2.30.020 [Administrative
Appeals Process]. A person whose application for a permit for exemption from fire restrictions is
denied by the Fire Code Official or who objects to fire inspection fees or fees imposed by the
Fire Code Official for noncompliance with regulations in AMC Chapter 15.28 or the Oregon Fire
Code may appeal the decision as provided in AMC 2.30.020, which appeal shall be decided in
compliance with Appendix A of the Oregon Fire Code. (Ord. 3 08 1, amended, 04/02/2013)
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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 2020, and duly PASSED and ADOPTED
this _ day of 2020.
Melissa Huhtala, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
David H. Lohman, City Attorney
2020.
John Stromberg, Mayor
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