AMENDED CITY COUNCIL

MEETING AGENDA

April 21, 2022

6:00 P.M.
Medford City Hall, Council Chambers
411 W. 8th Street, Medford, Oregon
www.medfordoregon.gov

The public may view live and recorded City Council meetings through our website HERE.
_________________________________________________________________________________________________________

10. Roll Call

20. Recognitions, Community Group Reports

20.1 Employee Recognitions

30. Oral Requests and Communications from the Audience

The City Council sets aside 30 minutes for in-person public comments. Comments are limited to
two minutes per individual, group or organization. PLEASE COMPLETE A PUBLIC COMMENT
FORM BEFORE SPEAKING.

The City Council encourages written comments. Submit your comments by regular mail to City
Council, 411 W. 8th Street or by email to PublicComments@cityofmedford.org. Comments must
be received by noon on the date of the meeting to be noted in the record. Please include the
date of the Council meeting with your comments.

40. Approval or Correction of the Minutes of the April 7, 2022 Regular Meeting

50. Consent Calendar

50.1 COUNCIL BILL 2022-35
AN ORDINANCE approving and authorizing execution of a contract in the amount
of $1,809,999.10 with Knife River Materials, Inc. to perform asphalt pavement overlays
on various streets in the City of Medford.

50.2 COUNCIL BILL 2022-36

AN ORDINANCE approving and authorizing execution of an Intergovernmental
Agreement (IGA) with the Medford Water Commission.

Meeting locations are generally accessible to persons with disabilities. To request interpreters for hearing impaired or
other accommodations for persons with disabilities, please contact the ADA Coordinator at (541) 774-2074 or
ada@cityofmedford.org at least three business days prior to the meeting to ensure availability. For TTY, dial 711 or
(800) 735-1232.
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Amended City Council Meeting Agenda
April 21, 2022
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50.3 COUNCIL BILL 2022-37

A RESOLUTION approving the appointment of a new City representative as a voting
member of the Rogue Valley Metropolitan Policy Organization (RVMPO) to City of
Medford Boards and Commissions.

60. Items Removed from the Consent Calendar

70. Ordinances and Resolutions

70.1 COUNCIL BILL 2022-38
A RESOLUTION approving the withdrawal of $2.4 million in American Rescue Plan Act
(ARPA) Lost Revenue funding for the Rogue X Complex and replacing it with $3 million in
funding from the State of Oregon.

70.1 COUNCIL BILL 2022-39

A resolution ratifying the Mayor’s Declaration of a Local State of Emergency as a Result
of the Pacific Pride Fire.

80. Public Hearings

90. Council Business

90.1 Proclamations Issued
Days of Remembrance – April 24 through May 1, 2022
National Travel and Tourism Week – May 1 through May 7, 2022

90.2 Committee Reports and Communications

a. Council Officers Update

b. Committee Reports

100. City Manager and Staff Reports

100.1 Vision Implementation Committee Appointments – Kristina Wilson

100.2 Accessory Dwelling Unit Incentive Program Reauthorization – Matt Brinkley

110. Adjournment

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DEPARTMENT: Public Works AGENDA SECTION: Consent Calendar

PHONE: (541) 774-2100 MEETING DATE: April 21, 2022
STAFF CONTACT: John Vial, Public Works Director
Peter Brown, Public Works Operations

COUNCIL BILL 2022-35

AN ORDINANCE approving and authorizing execution of a contract in the amount of $1,809,999.10
with Knife River Materials, Inc. to perform asphalt pavement overlays on various streets in the City of
Medford.

SUMMARY AND BACKGROUND

Council is requested to consider approval of an ordinance awarding a contract to Knife River Materials
in the amount of $1,809,999.10 to perform asphalt pavement overlays on various streets in the City.
Annually the City contracts for a large portion of pavement maintenance to augment the work
completed by Public Works crews.

This contract includes overlays of failing pavement areas. Timely repair of streets decreases long-
term maintenance costs by postponing more costly reconstruction projects and produces a smoother
ride for the traveling public. Overlays are cost-effective for restoring structural integrity to an
otherwise sound street section.

PREVIOUS COUNCIL ACTIONS

On April 16, 2020, Council approved Council Bill 2020-45, awarding a contract to Knife River Materials
for asphalt repairs and overlays on streets in the City.

On April 15, 2021, Council approved Council Bill 2021-27, awarding a contract to Knife River Materials
for asphalt repairs and overlays on streets in the City.

On June 3, 2021, Council Bill 2021-49 was approved, adopting the 2021-2023 Biennial Budget for the
City of Medford, and making appropriations thereunder.

ANALYSIS
A Notice to Contractors was posted and advertised on March 1, 2022 to solicit proposals to complete
this pavement maintenance work. Two bids were received with Knife River Materials Inc. being the
apparent low bidder with a bid of $1,809,999.10. The other bid submitted was from CPI Acquisitions,
LLC for $2,184,963.33.

This work will be completed on five street sections including: 1) Biddle Road, 2) Golf View Drive,
3) McAndrews Road, 4) Oakdale Avenue, and 5) Stewart Avenue. The City’s Pavement Management
Analysis Report was used to determine which pavement sections are best suited to receive asphalt
overlays. The existing pavement condition has been analyzed, and it has been determined that this

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maintenance option will produce a smoother and safer ride for the traveling public at the lowest life-
cycle cost.

The City’s Engineers Estimate for this work was $1,565,165 and the low bid of $1,809,999.10
constitutes a $15.6% increase over the estimated amount. If prices remain inflated, adjustments to
next year’s pavement plan will be needed to stay within budgeted amounts. The proposed contract
does contain provisions that allows the City to modify or cancel this contract if funds for the work are
not budgeted.

COUNCIL GOALS
Council Goal and Objective: Public Infrastructure
Strategy: Continue to maintain existing infrastructure based on the lowest life-cycle cost model.
The City will work to preserve critical transportation systems and maintain the appropriate level
of street integrity in order to handle future demands.
Deliverable: N/A

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

An expenditure of $1,809,999.10 is included on page 9-64 of the adopted 2021-2023 Biennial Budget
for the City of Medford. This contract will be paid from Fund 500, Street Utility Fund.

TIMING ISSUES
Work will start after July 5, 2022 and is scheduled to be completed by September 9, 2022.

COUNCIL OPTIONS
 Approve the ordinance as presented.
 Modify the ordinance.
 Deny the ordinance and provide direction to staff.

STAFF RECOMMENDATION
Staff recommends approval of the ordinance as presented.

SUGGESTED MOTION
I move to approve the ordinance as presented.

EXHIBITS
Ordinance
Exhibit A - Bid Tabulation
Exhibit B - Work to Be Done
Contract documents are on file in the City Recorder’s Office

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 ORDINANCE NO. 2022-35

AN ORDINANCE approving and authorizing execution of a contract in the amount of

$1,809,999.10 with Knife River Materials, Inc. to perform asphalt pavement overlays on various
streets in the City of Medford.

WHEREAS, timely repair of streets decreases long-term maintenance costs by postponing the
need for more costly reconstructions;

WHEREAS, asphalt pavement repairs are a cost-effective option for restoring structural
integrity to an otherwise sound street section and the repairs also result in a smoother and safer ride
for the traveling public at the lowest life-cycle cost;

WHEREAS, the City contracts for a large portion of pavement maintenance, because it is
seasonal work that exceeds the capacity of Public Works crews;

WHEREAS, the proposed contract includes overlays of failing pavement areas on five street
sections in the City: Biddle Road; Golf View Drive, McAndrews Road, Oakdale Avenue; and
Stewart Avenue; and

WHEREAS, a Notice to Contractors was posted and advertised on March 1, 2022 to solicit
proposals to complete this pavement maintenance work. Two bids were received and Knife River
Materials, Inc. submitted the lowest bid in the amount of $1,809,999.10; now, therefore,

THE CITY OF MEDFORD ORDAINS AS FOLLOWS:

The City Council hereby approves and authorizes execution of a contract in the amount of
$1,809,999.10 with Knife River Materials to perform asphalt pavement overlays on various streets in
the City of Medford. The contract documents are on file in the City Recorder’s office.

PASSED by the Council and signed by me in authentication of its passage this 21st day of
April, 2022.

ATTEST: _____________________ __________________________

City Recorder Mayor

APPROVED April 21, 2022 __________________________

Mayor

Ordinance No. 2022-35

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 EXHIBIT A
BID TABULATIONS Overlay Various Streets in the City of Medford

Project; Overlay Various Streets in the City of Medford

Location: Various Streets in the City of Medford 2022
Project No: MST-2209
Date of Bid Opening: March 15, 2022

Peter Brown
Public Works Operations
Engineering Tech IV

Low Bidder
CPI Acquisitions
Knife River Materials

Item Unit of Estimated

Item Description Unit Bid Amount Unit Bid
No. Measure Quantity

1 MOBILIZATION LS 1 $95,000.00 $95,000.00 $210,000.00

TEMPORARY WORK ZONE TRAFFIC

2 LS 1 $168,000.00 $168,000.00 $167,900.00
CONTROL, COMPLETE

3 EROSION CONTROL LS 1 $300.00 $300.00 $2,575.00

4 MINOR ADJUSTMENT OF MANHOLES EACH 60 $1,900.00 $114,000.00 $2,300.00

COLD PLANE PAVEMENT REMOVAL,

5 SQYD 67,042.6 $3.50 $234,649.10 $4.82
0 - 5 INCHES DEEP

6 LEVEL 3, 1/2 INCH ACP TON 7,400 $103.00 $762,200.00 $110.00

7 LEVEL 3, 3/8 INCH ACP IN LEVELING TON 1,650 $107.00 $176,550.00 $120.00

8 FIBER REINFORCEMENT IN HMAC POUND 7,400 $11.00 $81,400.00 $10.00

4 INCH ASPHALT CONCRETE

9 SQYD 5,300 $33.00 $174,900.00 $47.31
PAVEMENT REPAIR

10 EXTRA FOR ASPHALT APPROACHES EACH 3 $1,000.00 $3,000.00 $2,200.00

11 LOOSEN WATER VALVES T&M 0 $0.00 $0.00 $0.00

Total Bid = $1,809,999.10 $2,184,963.33

MST-2209 Overlay Various Streets In the City of Medford Bid Tabs:1

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 EXHIBIT B

SPECIAL PROVISIONS

WORK TO BE DONE

The Work to be done under this Contract consists of asphalt repairs, cold plane removal of
pavement and overlay of various streets, manhole adjustments and other appurtenances,
etc. on Five (5) street sections, in the City of Medford, Oregon.

1. Minor Adjustment of Manholes.

2. Cold Plane Removal of Pavement.
3. 4 inch Asphalt Concrete Pavement Repairs.
4. Place Level 3, 3/8 Dense ACP in Leveling.
5. Place Level 3, 1/2 Dense ACP.
6. Perform additional and incidental Work as called for by the Specifications and Plans.

This project includes work at the following locations:

   Street From To
1  BIDDLE RD  250' N of STEVENS ST  250' S of MCANDREWS RD 
2  GOLF VIEW   JUANIPERO WAY  E BARNETT RD 
3  MCANDREWS RD  220' East of CLA  SPRINGBROOK RD 
4  OAKDALE AVE  STEWART AVE  HOLMES AVE 
5  STEWART AVE  S RIVERSIDE AVE  E BARNETT RD 

APPLICABLE SPECIFICATIONS

 
The Specifications that are applicable to the Work on this Project is the 2018 edition of the
 
"Oregon Standard Specifications for Construction", as modified by these Special
Provisions. All Sections in Part 00100 apply, whether or not modified or referenced in the
Special Provisions.
 
 
All number references in these Special Provisions shall be understood to refer to the
 
Sections and subsections of the Standard Specifications bearing like numbers and to
Sections and subsections contained in these Special
  Provisions in their entirety.
 
 
CLASS OF PROJECT
 
 
This is a City of Medford Project.  
 
PROJECT INFORMATION  
 
Information pertaining to this Project may be obtained from the following:
 
Peter Brown, Engineering Tech IV, City of Medford
 
821 N Columbus Ave, Medford OR;  
 
Phone 541-774-2617.
 
 
5
Overlay Various Streets in the City of Medford MST-2209 

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DEPARTMENT: Finance AGENDA SECTION: Consent Calendar

PHONE: (541) 774-2030 MEETING DATE: April 21, 2022
STAFF CONTACT: Ryan Martin, CFO/Deputy City Manager

COUNCIL BILL 2022-36

AN ORDINANCE approving and authorizing execution of an Intergovernmental Agreement (IGA) with
the Medford Water Commission.

SUMMARY AND BACKGROUND

The City Council is requested to consider an Intergovernmental Agreement (IGA) with the Medford
Water Commission (MWC) effective from July 1, 2021 through June 30, 2023. The IGA outlines the
indirect costs associated with the MWC utilizing City internal services such as the computer system,
landscaping and janitorial services, maintenance, and utilities. Finally, the IGA states that the annual
fiscal year franchise fee paid by the MWC to the City shall be in the amount of the City’s annual water
use paid through the City’s individual utility bills as of the end of the preceding fiscal year. This
agreement excludes Harry & David Field in the calculation of the franchise fee as long as the use of
the field is functionally equivalent to a private business.

PREVIOUS COUNCIL ACTIONS

On June 6, 2019, Council Bill 2019-48 was approved, authorizing an IGA between the City and MWC.

On July 16, 2020, Council Bill 2020-94 was approved, authorizing an IGA between the City and MWC.

ANALYSIS
The City of Medford provides various services to the Medford Water Commission, and the costs are
captured through an indirect cost allocation. The costs increase annually by the Consumer Price Index
(CPI-U Pacific Cities and U.S. City Averages) and are paid in monthly installments to the City. The MWC
requested to remove City legal services in 2018, state and federal lobbying services in 2019, and City
Recorder services in 2020.

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

The City expects to receive approximately $107,300 from the MWC in FY2021-22 for service charges,
an increase of approximately $2,000 from FY2020-21. In addition to the service charge, the MWC also
pays the City a franchise fee equal to the amount of the City’s annual water use billed through the
City’s individual utility bills as of the end of the preceding fiscal year. This amounts to approximately
$389,000 for FY2021-22.

TIMING ISSUES
The agreement would have ideally been approved by both the MWC Board and City Council prior to
June 30, 2021. However, the negotiation of the removal of items in the IGA continued into 2022 and
the MWC Board approved the IGA on March 8, 2022.

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COUNCIL OPTIONS
Approve the ordinance as presented.
Modify the ordinance as presented.
Deny the ordinance and provide direction to staff.

STAFF RECOMMENDATION
Staff recommends approval of the ordinance.

SUGGESTED MOTION
I move to approve the ordinance authorizing the City Manager to enter into the attached
Intergovernmental Agreement between the City of Medford and the Medford Water Commission for
departmental charges of the City.

EXHIBITS
Ordinance
Agreement on file in the City Recorder’s Office

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 ORDINANCE NO. 2022-36

AN ORDINANCE approving and authorizing execution of an Intergovernmental

Agreement (IGA) with the Medford Water Commission.

WHEREAS, the City of Medford provides various services to the Medford Water
Commission, and the costs are captured through an indirect cost allocation. The costs increase
annually by the Consumer Price Index (CPI-U Pacific Cities and U.S. City Averages) and are paid
in monthly installments to the City;

WHEREAS, the IGA outlines the indirect costs associated with the MWC utilizing City
internal services such as the computer system, landscaping and janitorial services, maintenance,
and utilities;

WHEREAS, the IGA provides that the annual fiscal year franchise fee paid by the MWC
to the City shall be in the amount of the City’s annual water use paid through the City’s individual
utility bills as of the end of the preceding fiscal year. This agreement excludes Harry & David
Field in the calculation of the franchise fee as long as the use of the field is functionally equivalent
to a private business; and

WHEREAS, the City expects to receive approximately $107,300 from the MWC in
FY2021-22 for service charges, an increase of approximately $2,000 from FY2020-21.
Additionally, the MWC also pays the City a franchise fee equal to the amount of the City’s annual
water use billed through the City’s individual utility bills as of the end of the preceding fiscal year.
This amounts to approximately $389,000 for FY2021-22; now, therefore,

THE CITY OF MEDFORD ORDAINS AS FOLLOWS:

The City Council hereby approves and authorizes execution of an Intergovernmental

Agreement with the Medford Water Commission. The IGA is on file in the City Recorder’s
Office.

PASSED by the Council and signed by me in authentication of its passage this 21st day of
April, 2022.

ATTEST:
City Recorder Mayor

APPROVED: April 21, 2022

Mayor

Ordinance No. 2022-36

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DEPARTMENT: City Manager’s Office AGENDA SECTION: Consent Calendar

PHONE: (541) 774-2000 MEETING DATE: April 21, 2022
STAFF CONTACT: Donna Holtz, Chief Administrative Officer

COUNCIL BILL 2022-38

A RESOLUTION approving the appointment of a new City representative as a voting member of the
Rogue Valley Metropolitan Policy Organization (RVMPO) to City of Medford Boards and Commissions.

SUMMARY AND BACKGROUND

Council is requested to consider approval of a resolution appointing a new City representative as a
voting member of the Rogue Valley Metropolitan Policy Organization (RVMPO) to City of Medford
Boards and Commissions per Medford Municipal Code (MMC) 2.436.

PREVIOUS COUNCIL ACTIONS

On January 20, 2022 Council approved Council Bill 2022-05, a resolution appointing representatives
to voting positions as the City representatives on certain boards, councils, committees and
commissions.

On March 31, 2022 Council President Stine requested Councilor D’Alessandro be appointed as the
voting member for RVMPO.

ANALYSIS
Appointments are made by the Council President. RVMPO is not one of the City of Medford boards
and commissions, but instead include a member from the governing body of the City as a voting
member of the board or commission. In these instances, the council member or alternate may act
as a voting member of the Board, not as a council liaison. Council members and alternates, when
appropriate, should obtain direction from the entire council prior to voting on a matter per MMC
2.436(6).

COUNCIL GOALS
Council Goal and Objective: Community Engagement
Strategy: Medford Government and Non-Profit Partnership Engagement
Deliverable: Establish and attend regular meetings with partners

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

None.

TIMING ISSUES
The Rogue Valley Metropolitan Policy Organization Committee’s next meeting is scheduled for
April 26, 2022.

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COUNCIL OPTIONS
Approve the resolution as presented.
Modify the resolution as presented.
Deny the resolution and provide direction to staff.

STAFF RECOMMENDATION
Staff makes no recommendation.

SUGGESTED MOTION
I move to approve the resolution as presented.

EXHIBITS
Resolution

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 RESOLUTION NO. 2022-37

A RESOLUTION approving the appointment of a new City representative as a voting

member of the Rogue Valley Metropolitan Policy Organization (RVMPO) to City of Medford
Boards and Commissions.

WHEREAS, City Council on January 20, 2022 approved Council Bill 2022-05, a resolution
appointing representatives to voting positions as the City representatives on certain boards, councils,
committees and commissions; and

WHEREAS, Council President Stine requested Councilor D’Alessandro be appointed as the

voting member for RVMPO; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDFORD, OREGON:

Section 1. Mayor and City Council hereby appoint the following representatives to voting
positions as the City representatives on the following boards, councils, committees and commissions
(deletions in strikethrough font and new appointments in bold font):
Organization Member(s) Alternate
Hospital Facilities Authority
Eric Stark / Michael Zarosinski Kevin Stine
(2 positions)
Rogue Valley Area
Commission on Transportation Tim D’Alessandro John Vial
(RVACT)
Rogue Valley Council of
Eric Stark Chad Miller
Governments (RVCOG)
Rogue Valley Metropolitan
Kevin Stine Tim D’Alessandro John Vial
Policy Organization (MPO)
Regional Rate Committee (2 Tim D’Alessandro / Michael
Chad Miller
positions) (Regional Sewer) Zarosinski
Southern Oregon Regional
Economic Development, Inc. Sarah Spansail Michael Zarosinski
(SOREDI)

Section 2. This Resolution shall become effective immediately upon its passage by the
Council and approval by the Mayor.

PASSED by the Council and signed by me in authentication of its passage this 21st day of
April, 2022.

ATTEST:
City Recorder Mayor

Resolution No. 2022-37

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DEPARTMENT: Finance AGENDA SECTION: Ordinances and Resolutions

PHONE: (541) 774-2030 MEETING DATE: April 21, 2022
STAFF CONTACT: Ryan Martin, CFO/Deputy City Manager

COUNCIL BILL 2022-38

A RESOLUTION approving the withdrawal of $2.4 million in American Rescue Plan Act (ARPA) Lost
Revenue funding for the Rogue X Complex and replacing it with $3 million in funding from the State
of Oregon.

SUMMARY AND BACKGROUND

Council is requested to consider a resolution to withdraw $2.4 million in American Rescue Plan Act
(ARPA) Lost Revenue funding for the Rogue X Complex and replace it with $3 million in funding from
the State of Oregon.

PREVIOUS COUNCIL ACTIONS

On October 7, 2021, Council Bill 2021-114 was approved allocating $5.3 million in ARPA funding to
various projects, one of which being $2.4 million to the Rogue X Complex from the Lost Revenue
expense category.

ANALYSIS
The City has been awarded $3 million from the State of Oregon legislature to assist in the construction
of the Rogue X Complex and staff proposes using that funding to replace the $2.4 million in ARPA Lost
Revenue funding. Through the use of the funds from the state, the project will see a net gain of
$600,000 to assist with the project contingency. This would allow the City to retain the full $10 million
available in ARPA Lost Revenue funding to be allocated through future Council action. The Lost
Revenue category of ARPA funding has significantly fewer restrictions than other eligible expense
categories under ARPA. The U. S. Department of the Treasury’s Final Rule allows for all cities to take
a standard allowance of $10 million in lost revenue or calculate their true lost revenue based on the
Treasury’s formula; the City has elected the standard $10 million allowance.

COUNCIL GOALS
Council Goal and Objective: Public Infrastructure
Strategy: Promoting Parks and Recreation Infrastructure
Deliverable: Construct the Rogue Credit Union Community Complex

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

The City will receive a total of $18.3 million in ARPA funds. The first half was received in June 2021 and
the second half will be received in June 2022. The staff recommendation will remove $2.4 million of
ARPA allocations, leaving $3 million allocated and $15.3 million available to be allocated. Of the $15.3
million available, the staff recommendation will allow $10 million to still be allocated through the Lost
Revenue expense category and $5.3 million to be allocated through the more restricted ARPA expense
categories.

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TIMING ISSUES
Quarterly reporting is due to the Treasury by April 30, 2022 and Council Action is required to remove
the allocation of $2.4 million in ARPA Lost Revenue.

COUNCIL OPTIONS
Approve the resolution as presented.
Modify the resolution as presented.
Deny the resolution and provide direction to staff.

STAFF RECOMMENDATION
Staff recommends approval of the resolution.

SUGGESTED MOTION
I move to approve the resolution as presented.

EXHIBITS
Resolution

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 RESOLUTION NO. 2022-38

A RESOLUTION approving the withdrawal of $2.4 million in American Rescue Plan Act
(ARPA) Lost Revenue funding for the Rogue X Complex and replacing it with $3 million in funding
from the State of Oregon.

WHEREAS, the City will receive a total of $18.3 million in ARPA funds. On October 7,
2021, Council Bill 2021-114 was approved allocating $5.3 million in ARPA funding to various
projects, one of which being $2.4 million to the Rogue X Complex from the Lost Revenue expense
category;

WHEREAS, the City has been awarded $3 million from the State of Oregon legislature to
assist in the construction of the Rogue X Complex and staff proposes using that funding to replace
the $2.4 million in ARPA Lost Revenue funding and provide an additional $600,000 to the project;
and

WHEREAS, withdrawal of the $2.4 million in ARPA funds will allow the City to retain the
full $10 million available in ARPA Lost Revenue funding to be allocated through future Council
action; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDFORD, OREGON:

Section 1. The City Council hereby approves the withdrawal of $2.4 million in American
Rescue Plan Act (ARPA) Lost Revenue funding for the Rogue X Complex and replace it with $3
million in funding from the State of Oregon.

Section 2. This Resolution shall become effective immediately upon its passage by the
Council and approval by the Mayor.

PASSED by the Council and signed by me in authentication of its passage this 21st day of
April, 2022.

ATTEST: _________________________ ___________________________

City Recorder Mayor

Resolution No. 2022-38

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DEPARTMENT: Legal AGENDA SECTION: Ordinances and Resolutions

PHONE: (541) 774-2020 MEETING DATE: April 21, 2022
STAFF CONTACT: Eric Mitton, City Attorney

COUNCIL BILL 2022-39

A resolution ratifying the Mayor’s Declaration of a Local State of Emergency as a Result of the Pacific
Pride Fire.

SUMMARY AND BACKGROUND

Council is requested to consider a resolution ratifying the Mayor’s Declaration of a Local State of
Emergency as a Result of the Pacific Pride Fire, through October 12, 2022.

PREVIOUS COUNCIL ACTIONS

None.

ANALYSIS
On April 12, 2022, a fire started in the area of 936 South Central Avenue, a Pacific Pride fueling station,
and rapidly involved the petroleum products stored at that location. The fire soon spread to other
neighboring businesses, ultimately destroying seven businesses in four buildings. The fire resulted
in a release of substantial quantities of petroleum products, which ultimately entered the City’s storm
drain system and then eventually Bear Creek, causing a yet-undetermined level of environmental
injury.

Pursuant to MMC Chapter 12, a state of emergency may be declared when there is “any human
caused or natural event or circumstances causing or threatening … injury to … property, … financial
loss, and includes, but is not limited to, fire, explosion … spills or releases of oil or hazardous material,
contamination … or the interruption of essential public services.” The emergency declaration allows
the City to take a variety of actions to address the emergency as listed in MMC 12.060, including
seeking assistance from State and Federal authorities, suspend standard City procurement
procedures for work related to the emergency, and direct departments of the City to take certain
actions to alleviate damage due to the emergency and provide for health and safety of the City’s
citizens.

COUNCIL GOALS
None.

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

The Emergency Declaration itself does not have any direct costs to the City. The costs to the City
resulting from the Pacific Pride fire itself and the resulting petroleum discharge are not calculated
here.

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TIMING ISSUES
Pursuant to MMC 12.050(1), Council should meet to consider ratification of the Mayor’s declaration
as soon as possible, and at latest at the next regularly-scheduled meeting.

COUNCIL OPTIONS
Approve the resolution as presented.
Modify the resolution as presented.
Deny the resolution and provide direction to staff.

STAFF RECOMMENDATION
Staff recommends approval of the resolution.

SUGGESTED MOTION
I move to approve the resolution as presented.

EXHIBITS
Resolution
Mayor’s Declaration of April 18, 2022

Page 18
 RESOLUTION NO. 2022-39

A RESOLUTION ratifying the Mayor’s Administrative Order dated April 18, 2022, and
in effect through October 12, 2022, for a Local State of Emergency in the City of Medford as a
Result of the Pacific Pride Fire.

WHEREAS, on April 12, 2022, a fire started in the area of 936 South Central Avenue, a
Pacific Pride fueling station, and rapidly involved petroleum products stored at that location, and
soon spread to other neighboring businesses, ultimately destroying seven businesses in four
buildings;

WHEREAS, the fire resulted in a release of substantial quantities of petroleum products,

which ultimately entered the City’s storm drain system and eventually Bear Creek. Bear Creek and
the surrounding area have suffered a yet-undetermined level of environmental injury as a result of
the petroleum discharge;

WHEREAS, pursuant to ORS 401.309(1), the governing body of a city may declare, by
ordinance or resolution, that a state of emergency exists within the city;

WHEREAS, pursuant to MMC Chapter 12, if the Mayor determines that a state of
emergency exists, the City may declare a state of emergency when there exists “any human caused
or natural event or circumstances causing or threatening loss of life, injury to person or property,
human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe
weather, earthquake, spills or releases of oil or hazardous material, contamination, disease, civil
disturbance, terrorism, riot, or the interruption of essential public services.” MMC 12.060 sets out
the actions the City can take, which include appropriate financial and procurement procedures and
various actions to address human suffering and financial loss resulting from emergencies; and

WHEREAS, Pursuant to MMC 12.050(1), the City Council shall consider ratification of
the Declaration of a State of Emergency at its next Council meeting; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDFORD,

OREGON:

Section 1. City Council hereby ratifies the Mayor’s Administrative Order dated April 12,
2022, and in effect through October 12, 2022, for a Local State of Emergency in the City of
Medford as a Result of the Pacific Pride Fire. The Order is attached hereto as Exhibit A and
incorporated by reference.

Section 2. This Resolution shall become effective immediately upon its passage by the
Council and approval by the Mayor.

PASSED by the Council and signed by me in authentication of its passage this 21st day of
April, 2022.

ATTEST:
City Recorder Mayor

Resolution No. 2022-39

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DEPARTMENT: City Manager’s Office AGENDA SECTION: City Manager and Staff Reports
PHONE: (541) 774-2000 MEETING DATE: April 21, 2022
STAFF CONTACT: Communications Manager Kristina Wilson

AGENDA ITEM 100.1

Vision Implementation Committee Appointments – Kristina Wilson

SUMMARY AND BACKGROUND

Council is requested to review and appoint the Vision Implementation Committee (VIC)
representatives as presented.

As detailed in the Medford 2040 Community Vision and Action Plan, the purpose of the Vision
Implementation Committee is to monitor and support the implementation of the Council adopted
Vision Action Plan, encourage lead partner action, recommend modifications to the Plan, and
promote public awareness and input related to its progress.

PREVIOUS COUNCIL ACTIONS

On June 6, 2019, Council approved Council Bill 2019-45 adopting the budget for the City of Medford
for the biennium commencing July 1, 2019, and making appropriations thereunder.

On December 17, 2020, the Council appointed members to the Medford 2040 Vision Task Force with
the duties to create a Vision Statement and Action Plan.

On June 3, 2021, Council approved Council Bill 2021-49 adopting the budget for the City of Medford
for the biennium commencing July 1, 2021, and making appropriations thereunder.

On June 10, 2021 Study Session, Council reviewed the proposed Vision and Focus Area Statements
and provided comments for inclusion into the attached statements.

On June 17, 2021, Council approved Council Bill 2021-57 approving and adopting the Medford 2040
Vision and Focus Area Statements as recommended by the Vision Task Force.

On December 9, 2021 Study Session, Council reviewed the proposed Medford 2040 Vision and Action
Plan and requested that staff bring forward for formal adoption on January 20, 2022.

On January 20, 2022, Council approved Council Bill 2022-08 adopting the Medford 2040 Vision and
Action Plan as recommended by the Medford 2040 Vision Taskforce.

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ANALYSIS
Medford 2040 is a plan for the future, developed by people who live, work, and seek services in the
community. Over a year in the making, the Vision Statement and Action Plan represent a collaborative
and proactive effort on behalf of Medford residents, businesses, and government to shape the growth
and development of the community over the next 20 years. The Vision is a picture of the community
in the year 2040 as seen by community members from diverse backgrounds, cultures, and interests.

The Vision Implementation Committee members are appointed by the City Council and reflects the
composition of the Medford population with a cross-section of interests and lead partners.

Membership includes the following representatives:

 Public-at-large Co-Chair’s
 All Lead Partners with two or more assigned actions
 Latino/a/x community member representative
 Four community members, with one from each Council Ward
 Medford City Council Liaison

The proposed community representatives were determined through the same application and
interview process used to appoint volunteer boards and commission members.

Councilors conducted interviews of the applicants in their ward and the list reflects their
recommendation to represent their respective ward.

COUNCIL GOALS
Council Goal and Objective: Community Engagement
Strategy: Medford 2040 Community Vision Process and Plan
Deliverable: Adoption and Implementation of the Action Plan

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

Council and Budget Committee will utilize Plan to prioritize funding in future biennia for the
implementation on action items specific to the City of Medford.

TIMING ISSUES
Appointment of the Vision Implementation Committee members is necessary in order to begin
implementation of the Medford 2040 Community Vision and Action Plan.

COUNCIL OPTIONS
Approve the Vision Implementation Committee as presented.
Modify the Vision Implementation Committee and approve.

STAFF RECOMMENDATION
Staff recommends approval and appointment of the Vision Implementation Committee membership
as presented.

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SUGGESTED MOTION
I move to approve the appointment of the Vision Implementation Committee membership.

EXHIBITS
Proposed Vision Implementation Committee membership list

Page 24
Proposed Medford 2040 Vision Implementation Committee

Co-Chairs (Public-at-Large)
Christina Medina
Daniel Bunn

Lead Partner Representative

City of Medford Brian Sjothun
Downtown Medford Association Renatta Tellez
Jackson County Continuum of Care Debra Lee
Medford School District Bret Champion
Medford Urban Renewal Harry Weiss
Rogue Community College Cathy Kemper-Pelle
Rogue Valley Transportation District Paige West
Rogue Workforce Partnership Jim Fong
SO Education Service District Scott Beverage
SOREDI Colleen Padilla
Travel Medford/Chamber T.J. Holmes

Latino/a/x Community Laz Ayala

Ward 1 Vicky Armstrong
Ward 2 Jared Davidson
Ward 3 Marta Tarantsey
Ward 4 Bill Ihle
Council Liaison

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 Item No: 100.2

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DEPARTMENT: Planning AGENDA SECTION: City Manager and Staff Reports

PHONE: (541) 774-2380 MEETING DATE: April 21, 2022
STAFF CONTACT: Matt Brinkley, Planning Director

AGENDA ITEM 100.2

Accessory Dwelling Unit Incentive Program Reauthorization – Matt Brinkley

SUMMARY AND BACKGROUND

Council is requested to consider a motion to allocate $150,000 to support the reauthorization of the
Accessory Dwelling Unit (ADU) incentive program and direct staff to prepare necessary enabling
legislation for consideration at a subsequent City Council meeting.

PREVIOUS COUNCIL ACTIONS

On November 19, 2020, Council approved Council Bill 2020-139 amending the municipal code
pertaining to the reduction of City Systems Development Charges assessed for construction of
Accessory Dwelling Units. The ADU SDC Reduction Program began on December 1, 2020, and will
continue through June 1, 2022.

ANALYSIS
The current program was intended to induce higher production of ADUs through temporary
elimination of the cost of System Development Charges (SDCs) and creation of permit-ready ADU
plans. Cost reduction was achieved through a fifty percent reduction in city-assessed SDCs that was
matched with funds from the Housing Opportunity Fund (HOF), and effectively eliminated SDCs that
would ordinarily be paid by a property owner who wants to build an ADU.

The program has been highly successful at stimulating ADU construction. Between 1998 and 2021,
231 building permits were issued for ADUs in Medford, an average of ten per year. The average is
slightly skewed by several high production years; median production is slightly lower with eight ADUs
per year. Despite growing interest in ADUs, the linear trend for future ADU production after 2021 is
not significantly higher than the average rate.

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ADUs Produced, 1998 - 2021 and 2 year projection

35
ADU Total 33
30 #

25
Linear
20 (ADU 21
Total #) 17 18
15 15
13 14
12
10 10 10
8 7 8 8
5 5 6
3 4 5 4 3 4
2 1
0
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Staff set an ambitious goal for the program to permit/produce 40 ADUs over the 18-month program
period. Based on the historic average, we would have expected approximately 15 ADUs to be
permitted during this period. Within the first 13 months of the program, 31 ADUs were permitted
through the program, of which 10 received a certificate of occupancy. This is particularly remarkable
given the rapid escalation in construction costs observed over the same period.

The value of the reduction program seems to have effectively encouraged property owners to pursue
construction of an ADU. The average value of the SDC reduction to applicants was roughly $6,000.
The average match provided by the HOF was $3,600 and the average 50% reduction to city-assessed
SDCs was $2,400 (the split between the two was not equal due to the regional nature of SDC
collections for wastewater treatment). For applicants who take advantage of the permit-ready plans
and SDC reduction, the value of the program will probably be between $8,000-9,500. Without the
contribution of the HOF, however, the program is of much less value to those interested in
constructing an ADU. It is important to keep in mind that although this cost reduction may only
account for 5-10% of total project costs, this is a significant savings for everyday homeowners who
are working with very tight budgets. Staff have already heard reactions to the loss of the HOF-funded
portion of the program that suggest property owners are more reluctant to build an ADU without full
SDC reduction.

Staff recommends reauthorization of the 50% reduction of city-assessed SDCs as well as allocation of
funding to cover the portion that was previously paid through the HOF. The HOF recently completed
its Request for Proposal (RFP) process, and although the Housing Advisory Commission has yet to

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make an award recommendation to City Council for its consideration (scheduled for May 19), it is
likely that all funds available for this RFP cycle will be committed through that process. The City
received many strong applications with a total funding request of $1,362,900, nearly double the
$682,310 available. Thus it is likely that no funds from this cycle will remain to support the ADU
program.

Staff proposes a programmatic target for ADU production during this extension period of 30-40
additional ADUs, creating a need for roughly $150,000 to achieve a 100% reduction. Council Vision
Funds or ARPA could provide needed funding. The process for allocating Council Vision Funds and
ARPA has been discussed at two recent study sessions (February and March 10, 2022). Funding the
ADU program with Council Vision Funds was presented as a possibility, but neither that particular
allocation nor the overall funding prioritization process have been formally adopted.

COUNCIL GOALS
Council Goal and Objective: Housing
Strategy: Preserve and promote the development of a range of safe and affordable housing
choices in Medford that meet the needs of its current and future residents
Deliverable: Increase housing opportunities throughout Medford and in target areas.

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

Reauthorization of the 50% reduction in SDCs for ADUs will reduce SDCs collected for transportation,
sanitary sewer collection (but not treatment), stormwater, and parks and recreation facilities.
Foregone SDCs, however, are offset by the larger number of ADUs than would have otherwise been
permitted. In other words, SDC funds will experience an overall increase in fees collected. Property
values will increase, providing more real estate tax revenue supporting the general fund.

TIMING ISSUES
The 50% reduction of SDCs assessed for newly constructed ADUs will expire on June 1, 2022. In order
to provide a seamless extension of the program, an extension would need to be approved prior to
that date. Staff also recommends that the program be reauthorized for a twelve month period, at
which time Council and advisory bodies can assess the effectiveness of the program and desirability
to extend it at that time.

COUNCIL OPTIONS
Approve the motion as presented.
Modify the motion as presented.
Decline to motion the motion and provide direction to staff.

STAFF RECOMMENDATION
Staff recommends approval of the motion.

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SUGGESTED MOTION
I move to direct staff to prepare a resolution allocating $150,000 to the ADU SDC Reduction Program
and to an ordinance extending the fifty percent (50%) reduction of SDCs assessed for newly
constructed ADUs for an additional twelve month period for future consideration by City Council at
the May 19, 2022, meeting.

EXHIBITS
Projected program needs
Breakeven analysis

Page 29
 Exhibit A
Projected Program Needs

The program funding needs presented below are based on SDC costs as of 2022. Four scenarios were
calculated to determine a range of potential program costs based on the number of ADUs built with the
program (30-40) and whether or not an ADU is assessed the “direct access to higher order” street SDC or
the “no direct access to higher order” street SDC.

“Total Cost to SDC Fund” is the amount of foregone SDC collections; “Total Cost to Other” is the amount
needed to achieve a 100% reduction in SDCs collected for the construction of a new ADU. “Total Cost to
Other” ranges between $118,647 for 30 ADUs that are assessed the “no direct access to higher order” street
SDC to $168,590 for 40 ADUs that are assessed the “direct access to higher order” street SDC.

Difference
covered by
SDC Cost/ADU Cost at 50% Other
Street--no direct access
to higher order $2,078.87 $1,039.44 $1,039.44
Street--direct access to
higher order $2,598.58 $1,299.29 $1,299.29
SS--treatment $1,078.72 $1,078.72 $1,078.72
SS--collection $699.23 $0.00 $699.23
Storm $300.00 $150.00 $150.00
Parks $1,975.00 $987.50 $987.50

Total "Higher Order" $6,651.53 $3,515.51 $4,214.74

Total "No Higher Order" $6,131.82 $3,255.66 $3,954.89

Total Total Cost to Total Cost Total Total Cost to Total Cost
Production SDC Fund to Other Production SDC Fund to Other
Street--no direct access
to higher order 30 $31,183.05 $31,183.05 40 $41,577.40 $41,577.40
Street--direct access to
higher order 30 $38,978.70 $38,978.70 40 $51,971.60 $51,971.60
SS--treatment 30 $32,361.60 $32,361.60 40 $43,148.80 $43,148.80
SS--collection 30 $0.00 $20,976.90 40 $0.00 $27,969.20
Storm 30 $4,500.00 $4,500.00 40 $6,000.00 $6,000.00
Parks 30 $29,625.00 $29,625.00 40 $39,500.00 $39,500.00

Total "Higher Order" $105,465.30 $126,442.20 $140,620.40 $168,589.60

Total "No Higher Order" $97,669.65 $118,646.55 $130,226.20 $158,195.40

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 EXHIBIT B
BREAKEVEN ANALYSIS

The breakeven analysis presented below assumes that ADU production follows the historic trend, reaching
roughly 12 units produced in the 2022-2023 time period. Based on the “no direct access to higher order”
street SDC scenario, 24 ADUs would need to pay the reduced SDC in order to generate the total amount
that would be collected if the projected number of ADUs were constructed and paid 100% of SDCs.

Total ADUs Total SDCs # ADUs Total SDCs

SDC produced-- collected needed ADU collection
collected linear historic by to break target based on
SDC trend for 2022 category even target
Street--no direct
access to higher
order $2,078.87 12 $24,946 24 30 $31,183
Street--direct access
to higher order $2,598.58 12 $31,183 24 30 $38,979
SS--treatment $1,078.72 12 $12,945 24 30 $16,181
SS--collection $699.23 12 $8,391 24 30 $10,488
Storm $300.00 12 $3,600 24 30 $4,500
Parks $1,975.00 12 $23,700 24 30 $29,625
Total (based on
"higher order"
scenario) $79,818 $99,773

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