HomeMy WebLinkAbout2010-0420 Council Mtg PACKET
I
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 20, 2010
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.]
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of April 5, 2010
2. Regular Meeting of April 6, 2010
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Ragland Award to the Ashland Food Project [5 Minutes]
2. Introduction of new CERT Coordinator [5 Minutes]
VII. CONSENT AGENDA [5 minutes}
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve the Mayor's recommendations for the Annual
Appointments to the various Commissions, Committees, and Boards?
3. Should Council approve a resolution authorizing the City Administrator, Finance
Director, or designee to enter into a Full Faith & Credit financing agreement to
refinance the DEQ loan that was used to construct the Wastewater Treatment Plant
and to dedicate ongoing Food & Beverage Tax proceeds allocated to the Wastewater
Fund to pay annual debt service?
4. Does Coun'cil wish to appoint Donna Rhee, Southern Oregon Land Conservancy, to
the Ashland Water Advisory Committee (AWAC) for the Water Master Plan update?
5. Will Council approve a contract with SlreamFix in an amount not to exceed $75,000
to design and facilitate the development of the Ashland Creek Bank Restoration
Project near Water Street?
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F
to add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
f. Should Council approve First Reading of an ordinance amending Chapter 13
to add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
g. Should Council approve First Reading of an ordinance amending Chapter 14
to add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
5. Should Council approve First Reading of an ordinance titled, "An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and move the
ordinance on to Second Reading? [20 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
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J
6. Should the Council accept the 2010-2011 Certified Local Government grant of
$15,360 from the Oregon State Historic Preservation Office for historic preservation
activities?
7. Should Council re-allocate $16,500 in unused Community Development Block Grant-
Recovery Act Funds, previously awarded to the Public Works Department for ADA
accessibility improvements along Iowa Street, to the Conservalion Division for
Weatherization and Energy Efficiency upgrades to homes occupied by low-income
homeowners?
.
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. All hearings must conclude by 9:00
p.m.. be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds
vote of council (AMC !l2.04.050})
1. Should Council adopt the Draft 2010-2014 Consolidated Plan for the use of the City's
allocation of Community Development Block Granl Funds? [30 Minutes]
2. Will Council award $168,484 in Community Development Block Grant funds as
recommended by the Housing Commission and Staff?
3 What direction does Council have on the proposed 2010-2020 SOU Campus Master
Plan and implementing ordinances?
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 lestimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
None.
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve Second Reading of an ordinance amending Chapter 9
concerning weed abatement? [5 Minutes]
2. Should Council approve Second Reading of an ordinance amending adding a
uniform violation abatement procedure to the Ashland Municipal Code? [5 Minutes]
3. Should Council approve Second Reading of an ordinance amending AMC Chapter
14.06 relating to waler curtailment? [15 Minutes]
4. Should Council approve First Reading of an ordinance amending Chapter 1.08 to
add provisions concerning the classification of offenses, and move the ordinance on
to Second Reading? [10 Minutes]
a. Should Council approve First Reading of an ordinance amending Chapter 4 to
add provisions concerning the classification of offenses, and move the
ordinance on to Second Reading? [10 Minutes]
b. Should Council approve First Reading of an ordinance amending Chapter 6 to
add provisions concerning the classification of offenses and move the
ordinance on to Second Reading? [10 Minutes]
c. Should Council approve First Reading of an ordinance amending Chapter 9 to
add provisions concerning the classification of offenses ang move the
ordinance on to Second Reading? [10 Minutes]
d. Should Council approve First Reading of an ordinance amending Chapter 10
to add provisions concerning the classification of offenses and move the
ordinance on to Second Reading? [10 Minutes]
e. Should Council approve First Reading of an ordinance amending Chapter 11
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CITY COUNCIL STUDY SESSION
April 5.2010
Page 1 of3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, April 5, 2010
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room.
Councilor Silbiger, Jackson, Voisin, Navickas and Chapman were present. Councilor Lemhouse arrived at
5:34 p.m.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Does Council have questions about the Lithia Springs Draft Level II (Screening Level) Ecological
Risk Assessment Report and the Management Plan for Historic Resources and have directions
related to the property?
George Kramer from Kramer & Company provided a summary of the Management Plan for Historic
Resources. He participated in a property review with the Historic Commission during 2005 to determine
National Register eligibility. The conclusion was damage had occurred to historic resources due to
inappropriate use by the Gun Club. During another review in the summer of 2009, he discovered the Gun
Club had not fully executed previous discussions on how to treat historical resources and shared examples
of further damage. Mr. Kramer recommended a "Keep Them Dry, Keep Them Clean and Don't Shoot at
Them" management plan with clear expectations the Gun Club can use to educate members on taking
better care of these historical resources.
Being on the National Register would enable the City easier access to grants. The property was also
identified as containing State archaeological sites and any excavation would require an archaeologist.
Kenn Conner the Environment Services Group Leader for Brown and Caldwell provided a summary of the
Level II Ecological Risk Assessment report that included:
Background
Evaluation Activities
. Vegetation Inventory
. Wetland determination
. Wildlife inventory
. Sensitive species and habitats
. Soil and water sampling
. Define chemicals of concern
. Identify complete exposure pathways
Mr. Conner provided examples of completed pathways that could consist of a sensitive bird species
ingesting lead through plants or water or lead leeching through groundwater to other properties and
affecting plant growth.
Brown and Caldwell tested groundwater by excavating 2 feet to collect samples. Due to the excavation
process, the chemical levels were elevated. Water samples produced arsenic, chromium, cobalt, cooper,
iron, lead, nickel and zinc, all below background concentrations except for cobalt, iron and lead. Iron
levels most likely came from a natural resource and cobalt was probably a background metal. Lead came
from shooting activities.
CITY COUNCIL STUDY SESSION
April 5.2010
Page20f3
Lead levels in the ground water were 21.9milligrams per liter and 5.2. The hazard level is 15milligrams for
drinking water. Since the water tested was 2-3 feet below the ground, there was little chance humans or
animals would drink from it. Soil samples were sieved and sifted prior to testing and did not include
recoverable lead.
Evaluation Activities cont'd.
. Calculate hazard quotients
. Determine whether the chemical concentrations for nay complete exposure pathways exceed
ODEQ Screening Levels
Results
. Emigrant Creek - No chemicals were detected above the ODEQ SLVs or above the upstream
sample
. Creek Sediment - No chemicals were detected above ODEQ SLVs or above upstream sample
except for cobalt
. Groundwater - No complete exposure pathway was identified
Mr. Conner explained if the pathway were not completed metals would not pose a problem to the receptors
that concern the City. This was an ecological assessment not a human assessment and no plants or animals
were using the groundwater. Installing a monitoring well would provide a more detailed test. They tested
sediment in the steam instead of rainwater. If lead traveled through groundwater to the creek, it would
settle if it were leachable and a certain particle size. A PH test of the rainwater as it flows through the area
to determine how is interacts with the lead was suggested. The ground acts as a sieve; if the lead became
soluble, it could migrate. The acidity in rain could also make lead soluble.
Results cont'd.
. Skeet Range Soil - Iron exceeded the ODEQ SL VS for invertebrates and plants.
Skeet ranges typically reveal pulverized skeet material and the assessment found larger pieces but very
little pulverized skeet. Bill Longiotti, the Vice President of the Ashland Gun Club explained that 80%-90%
of skeet material used is biodegradable.
. Range Berms Soils - Lead, arsenic, antimony, copper, iron, nickel, tin and zinc were above default
background levels exceeded ODEQ SL YS.
Berms are made of street sweeper debris and other City fill. The lead and copper came from shooting
activities. Zinc was most likely from downspouts and gutters. A device that shoots the equivalent of an x-
ray to screen soil was used to determine the type and concentration of metals present around the berms.
Clean up would consist of removing metal only from the first 6 inches of berm soil.
Conclusions
. Lead concentrations will drive decisions about cleaning up the site
. Iron and cobalt may be within site-specific background concentrations and should be evaluated to
establish a site background level
. Lead concentrations in soil exceed the RCRA hazardous waste criteria
ODEQ requires a licensed individual with hazardous operations training to perform lead removal. A
typical removal would consist of four piles, recoverable lead, contaminated soil needing treatment prior to
going to a landfill, contaminated soil not requiring pre-treatment prior to a landfill and a final pile of street
sweepings that could be re-used for berms unless the land was slated for recreational or residential purposes
in the future.
Placing rubber mats around berms to capture bullets in the rubber was a Best Management Practices and
allowed bullet harvesting. Similar materials could apply to targets as well.
CITY COUNCIL STUDY SESSION
April 5, 2010
Page 3 of 3
Conclusions cont'd.
. Some cleanup and disposal of contaminated soil is likely to be required
Going Forward
. Submit Level II Screening Level Report to ODEQ
. Request a meeting at the end of their review before they formalize their opinion
. Prepare a City-preferred approach prior to that meeting (Clean up berms, Surface removal at
trap/skeet ranges, Installation of BMPs, Regular cleanup)
. Be aware that ODEQ may require additional actions
. Do not self perform cleanup. Stringent requirements apply to cleanup of RCRA hazardous waste
Mr. Conner recommended the following Best Management Practices:
. Address rain and surface water
. Determine groundwater PH
. Continue current Best Management Practices with skeet debris
. Berm areas: install rubberized mats and sort the upper 6 inches of soil to remove stones, pebbles,
cobbles to prevent bullets pulverizing
. Maintain records on the number of people using the Gun Club on a yearly basis and what they are
shooting
The review timeframe for.oEQ could take up to 3 months or longer if Level III or N testing is required. In
the interim staff is requesting a 12-month lease extension for the Gun Club.
Setting residential standards for clean up with institutional or engineering controls was feasible because it
was metal and not a chemical or solvent. Mr. Conner will work with staff to determine the appropriate
language for Residential with Institutional Controls clean up.
Meeting adjourned at 7:09 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
April 6. 2010
Page I of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 6, 2010
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg shared an update on the 41;( Brigade Combat Team of the Oregon National Guard (11186)
and their transition home. The Demobilization Ceremony, tentatively scheduled for April 24, 20 I 0, will start
with a foot march from the Medford Annory and end at the Spiegelberg Stadium in Medford.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session meeting of March 15,2010 and Regular Meeting of March 16,2010 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Rogue Valley Council of Governments (RVCOG) Director Michael Cavallaro presented the annual RVCOG
report that included a financial overview and 2009 programs and projects.
The Mayor's Proclamations of Arbor Week in Ashland April 4-1 O,lndependent Media Week April 18-24, and
April as Sexual Assault Awareness Month were read aloud.
Assistant Planner Amy Gunter and representatives from the Tree Commission, the local Oregon Department of
Forestry and the head of the Oregon Department of Forestry Operation presented the City of Ashland as Tree
City USA for the 25th consecutive year.
CONSENT AGENDA
1. Does Council wish to approve a Liquor License Application from Sukhdev Singh dba Stop N Shop,
at 110 Lithia Way?
2. Should Council approve continuance of First Reading of an Ordinance related to Storage of
Vehicles to the May 4,2010 agenda?
3. Should Council approve continuance of First Reading of an Ordinance related to the Advanced
Financing of Public Improvements to the May IS, 2010 agenda?
4. Will Council approve and agreement with Jackson County for the City to assume maintenance
responsibilities for the improvements to be installed on Clay Street in conjunction with the
Snowberry Brook Subdivision development?
5. Does Council wish to authorize the Mayor to sign the second 12-month extension amendment to the
1994 Lease Agreement between the Ashland Gun Club and the City of Ashland, extending the lease
of real property to the Ashland Gun club to May 30, 2011?
6. Will Council approve a scrivener's error correction to Exhibit A of Resolution No. 2010-07 revising
rates for water service, which was approved at the March 16, 2010 Council meeting?
Councilor Voisin requested Consent Agenda item #5 be pulled for public input and discussion.
Councilor Jackson/Silbiger m/s to approve Consent Agenda items #1-4 and #6. Voice Vote: all AYES.
ASHLAND CITY COUNCIL MEETING
April 6. 2010
Page 2 of8
Motion passed.
Cathy DeForest/1067 Emigrant Creek Road/Added to the record a handout titled "Impacts of Lead
Ammunition on Wildlife, the Environment, and Human Health - A Literature Review and Implications
for Minnesota." This publication addressed the fatal impact to birds where grit is essential to their digestive
systems and they ingest lead shot instead. She requested an extension of the analysis of the impact of gunshot
lead on birds adding that Brown and Caldwell studied bird life only two days. She also submitted additional
material to the record titled "Ingestion of Spent Lead Ammunition: Implications for Wildlife and
Humans."
Bill Longiotti/245 Arnosllntroduced himself as the Vice President of the Ashland Gun Club and was available
to answer questions regarding Gun Club practices.
Councilor Voisin suggested extending the lease no more than six months and adding language that would
allow the City to terminate the lease within 24 hours if the Oregon Department of Environmental Quality
(ODEQ) found additional damage and asked whether the City was liable for the damage. Staff confirmed the
City is legally liable as owners of the property and the new lease incorporated several safeguards to protect the
City with a month-to-month termination clause.
Councilor Voisin motioned to continue the item until questions were answered. Motion died due to lack of
a second.
Councilor Jackson/Silbiger m/s to approve the extension ofthe lease for 12-months with the conditions
the Gun Club work with staff and the consultant to select and implement Best Management Practices
that are appropriate to reduce the risk and the Gun Club also work with Kramer and Company and
staff to respond to the Lithia Springs Management Plan about the historical artifacts.
Councilor Navickas motioned to amend the motion and require in a six-month interim a report on
implemented Best Management Practices. Motion died due to lack of a second.
Continued Discussion on original motion: Councilor Jackson explained the ecological study was going to
ODEQ and staff has been working with the Gun Club on renewing the lease and doing the studies. In order to
facilitate the City's continuing relationship with the Gun Club, a lease extension was required. Councilor
Navickas noted the one-year extension would allow time for environmental assessment processes and
additional studies. He thought the Gun Club should immediately implement Best Management Practices
(BMPs) and suggested switching to steel shot instead oflead to reduce some ofthe harmful impacts to bird life.
Councilor Voisin expressed concern how the BMPs would be monitored. Councilor Jackson commented on
the City's working relationship with the Gun Club and assumed the Gun Club was willing to implement
changes. Councilor Lemhouse added the Gun Club has expressed a strong willingness to assist the City in
moving forward and already have some BMPs in place. Mayor Stromberg explained the City's relationship
with the Gun Club has been positive and cooperative and that this was not an adversarial negotiation. Roll Call
Vote: Councilor Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES; Councilor Voisin, NO.
Motion passed 5- I.
Councilor VoisinlNavickas m/s to ask the Gun Club to return in three months and report on what has
been accomplished regarding Best Practices Management.
DISCUSSION: Councilor Voisin explained this would allow the Gun Club to provide a progress report on
BMPs. Damage has occurred to the property and the City was allowing it to continue. Councilor Navickas
thought the motion was in the interest of all involved parties and due diligence to ensure BMPs are followed.
Another practice they could implement immediately was using rubberized targets. City Administrator Martha
Bennett confirmed the City would fund any further studies ODEQ requests. The current lease requires the Gun
ASHLAND CITY COUNCIL MEETING
April 6. 2010
Page 3 of8
Club to return the property to the condition it was in when they took it over in the 1960's and it was previously
a motorcycle track. The City is ultimately the property owner and responsible. Roll Call Vote: Councilor
Voisin, Navickas and Jackson, YES; Councilor Lemhouse, Silbiger 'and Chapman, NO. Mayor
Stromberg broke the tie with a YES vote. Motion passed 4-3.
PUBLIC HEARINGS
1. Should the Council approve the first reading of ordinances adopting Chapter 18.53 Croman Mill
and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map
amendments?
Mayor Stromberg called the Public Hearing for Planning Action No. 2009-01292 to order at 7:48 p.m. and
stated the rules for the conduct of the hearing were in the Pubic Hearing Format for Land Use Hearings - A
Guide for Participants and Citizens and available on the wall in the back of Council Chambers.
ABSENTIONS. CONFLICTS. EX PARTE CONTACTS
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion.
ChapmanN oisin m/s to allow Councilor Silbiger to recuse himself from participation due to a conflict
of interest. DISCUSSION: Councilor Jackson eXplained Councilor Silbiger's potential future conflict of
interest was on a part of the action that was quasi judicial because it was re-zoning and this precaution went
beyond what was necessary. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson and
Chapman, YES. Motion passed.
Councilor Silbiger left the meeting at 7:50 p.m.
Councilor Chapman noted numerous conversations with individuals regarding the issue. Councilor Jackson
also noted conversations with members of the Planning Commission and the community involved in
development activities and specifically Mike DiRienzo who shared information similar to what he provided to
the Planning Commission. Councilor Lemhouse had no conflicts to declare. Councilor Navickas disclosed he
had attended all pre-meetings and Planning Commission meetings before the hearing, and had various
conversations with community members regarding this issue. Councilor Voisin explained everything she had
heard was in the record. Mayor Stromberg noted his involvement from the beginning and everything was
included in the record.
Mayor Stromberg announced all participants have the right to rebut and can challenge or discuss the issues
revealed in the Ex Parte contacts during Public Testimony. He then read aloud the list of the Ashland
Municipal Code applicable substantive criteria for the decision.
CHALLENGES - None.
STAFF REPORT
Community Development Director Bill Molnar provided history and a presentation that included the following:
Guiding Principles - Proposed Master Plan
. Land Use
. Circulation
. Policies and Regulations
Land Use - Principles
. Provide for a large number of family wage jobs
. Allow for Light Industrial and Manufacturing and Office employment
. Allow a mix of uses
. Consider a range of housing options
. Do not create uses that compete with downtown
ASHLAND CITY COUNCIL MEETING
April 6, 2010
Page 4 of8
Land Use - Compatible Industrial
. 35% of area
. Light industrial
. No residential
Land Use - Office Employment
. 30% of area
. Professional office
. No residential
Land Use - Mixed Use
. 20% of area
. Ground floor office or light industrial
. Upper story residential or employment
Land Use - Neighborhood Center
. 5% of area
. Neighborhood serving shops and services
. Upper story residential or commercial
Land Use - Open Space Conservation
. 10% of area
. Central Park
Land Use - Principles
. Preserve Streams and Wetlands
. Incorporate Public Gathering Space
Circulation - Principles
. Mitigate impacts of Auto and Truck Traffic
. Create Safe Routes to Bellview School
. Preserve Rail Access for commuters, passengers and'freight
Polices and Regulations - Principles
. Mandate Green Development
Councilor Jackson/Chapman mls to extend public hearing until 9:30 p.m. Voice Vote: all AYES. Motion
passed.
Senior Planner Maria Harris continued the presentation:
Planning Commission Highlights
. Industrial-Office Split
Land Use - Mixed Use
. Physical constraints
. Transition from residential
. Flexibility for residential units
Land Use Refinements
. ' Size limitation for retail, shops and restaurants
. Allowance for manufacturing in Office Employment overlay
. Lesser design requirements for industrial development off of Central Boulevard
Phase I - Begin Constructing Central Boulevard
Phase 2 - Alternatives for Central Boulevard
Transportation Analysis - Planning Commission Recommendation
. Green Development Standards
. Parking Management and Financing Strategy
. East-West Street Alignment Option & Revision
ASHLAND CITY COUNCIL MEETING
April 6. 2010
Page 5 of8
Public Hearing Package
. New Plan designation
. New zoning district
. Create development standards
THOSE WISIDNG TO PROVIDE TESTIMONY
Pam Marsh/696 Siskiyou Boulevard/Explained she was Planning Commission Chair and the Master Plan
was constructed on the principles articulated in the public meeting process. The Master Plan attempts to unifY
and organize development already allowed. It is conceptual, details can be amended or added during the
process and it is internally integrated changing one component affects others.
Ms. Marsh went on to explain the Planning Commission did not accept the Minority Report because it went
beyond specific planning decisions, incorporated testimony not part of the public record and was considered
inappropriate to include as part of the official Planning Commission documentation and provided an example.
Mike Montero/4497 Brownridge Terrace Ste #105, MedfordlRepresented the owners of the Croman Mill
Site and commented on the owners' willingness to work with local government to meet community needs. The
property owners appreciated the comprehensive analysis, supported the Master Plan, and urged Council to
adopt it. He added that Plexis Healthcare Systems Inc. were pleased with the progress and looked forward to
being a part of the plan and site.
John Kruese/148 Greenway Circle, Medford/Explained he owned property at the site and opposed the plan.
He expressed concern that Phase I would be implemented soon but Phase II may not occur for many years.
Changing Mistletoe Road into a 90-foot boulevard would cut through his property and he wanted to know how
the City would compensate the loss. The plan would have a major impact on his property and he wanted his
opposition noted in the record.
Paul Steinle/Associate Professor/Southern Oregon University (SOU)/478 Siskiyou BoulevardlRead a
letter from Jim Kline, the SOU Provost that was submitted into the record supporting development initiatives
that expand and diversifY the employment opportunities in Ashland and southern Oregon. Many students leave
the area to pursue their careers after graduating. A variety of employers who offer well-paying jobs can
provide more options for graduates and ensure the future well-being of the community.
Kathie Kennedy Hamlin/132 Greenway Circle, MedfordlDid not oppose or support the project but
explained how the plan affected the Hamlin-Kroese buildings. The buildings were on two tax lots with light
industrial for both. The proposed plan for Phase II discussed that evening was new to her but the previous plan
showed the commercial street going through both buildings and dissecting the tax lot. The possible "taking" of
value even though it may not happen for 10-12 years affects the property right now. If the City does not
modifY Phase II, they will not be able to negotiate right-of-ways on the proposed maps because it dissects the
tax lots and the buildings. She did not believe the City surveyed these properties. noting some maps show the
road going through the buildings while others show it going partially through the buildings. Phase I was not a
problem, Phase II was a major problem today, not ten years from now.
Graham Lewis/152 North PioneerlNoted the numerous public meetings held regarding the plan. Having a
sustainable economy required space for buildings to employ higher wage individuals. It will keep the
community vibrant and increase job opportunities. A vote for this plan was a vote for economic sustainability.
Mark DiRienzo/700 Mistletoe Road/Supported a plan to turn the Croman Mill Site into a vibrant flexible
dynamic economic center that encourages the growth of existing and new companies. The proposed
infrastructure will most likely cost more than the City, businesses and developers can afford. It was unclear
how many costly improvements the first business moving in would incur. He questioned why his businesses
ASHLAND CITY COUNCIL MEETING
April 6. 2010
Page 60f8
were thrown into the plan at the last minute when they had not participated in any ofthe planning. The change
to the existing zoning overlay and lack of inclusion from the start will have a detrimental impact to his property ,
and sends a message to new businesses an investment in Ashland commercial property is not a secure one. He
urged Council not to approve the plan, have it revised and simplified; made clear and affordable for existing
and new businesses to thrive the Croman Mill area.
Tom Bradley1700 Terrace Street/Noted his fifteen years experience as a commercial real estate owner,
developer and broker. He acknowledged the effort stakeholders put into the plan but expressed concerns
regarding over design and over regulating. Economic conditions that exist today will not be the same in ten
years. He suggested simplifYing some of the criteria and allowing more latitude for the future.
Zach Brombacher/1370 Tolman Creek Road/Owns E-I property from the Department of Motor Vehicles
(DMV) to Mistletoe Road. He was not against the plan but concerned it keeps changing and discouraged with
the path it is taking. The City is pushing this development for a private developer and has ignored adjacent
property owners. He suggested the City analyze what they intend to get out of it. He was extremely concerned
with the infrastructure needed and not interested in paying for someone else's development through another
Locallmprovement District (LID). He put in expensive infrastructure on his property and the City needed to
consider the current property owners' needs. He resented that no one' approached him about putting
Washington street right through the best piece of his property. He was leery of how the, plan was progressing
and did not think it was affordable.
Melanie Mindlinl1248 Calypso Court/Explained she was the primary author of the Minority Report and a
member of the Planning Commission and'noted a change to one design standard geared for businesses with
more than 100 employees now accommodated smaller businesses. The plan addressed the details of
implementation, not whether it is valid. Did the City really want a high-density area on the outskirts of town
that might be better suited to the downtown area reserving the Croman Mill Site for businesses requiring
space? The design standards set for this area will be very difficult for lower capitalized businesses to afford.
She recommended removing the complex and expensive design standards, determine the road system and
require a few environmental resources focused on standards like energy and water and let it develop naturally.
Michael Dawkins/646 E Main Street/Read previous comments by Ms. Marsh regarding the Minority Report
that the Planning Commission was typically assigned to consider technical aspects of the plans such as
materials used on buildings not to discuss big picture issues. He noted when the process first started former
Mayor Morrison gave'a directive that the area needed to be high density, Living Wage and green jobs. Mr.
Dawkins voiced concern then on over-regulating the property instead of infilling next to the downtown area.
He felt the Planning Commission failed at having public input and discussing the larger issues and disagreed
with Ms. Marsh's comment.
Cate HartzelI/Mayor Stromberg read a request from Cate Hartzell to leave the Public Record open for
additional input and project review.
John Fields/845 Oak Street/Explained he was a previous Planning Commissioner. The plan was off track,
geographically remote, lacked incremental steps and development and should be a 50-year plan. He did not
support it and thought there were fundamental critical pieces that needed to be resolved.
Colin Swales/Mayor Stromberg read a statement into the record from Colin Swales that the plan as presented
did not fulfill the City's industrial employment needs. He preferred the City focus on the "Railroad Property
Draft Master Plan 2001," "The Downtown Draft Plan II 2001," and the "Draft lnfill Study 1995" instead of up
zone the Croman Mill Site. Central locations would better provide opportunities for easily serviced businesses
in close proximity to established residential neighborhoods where transit is near or not needed.
ASHLAND CITY COUNCIL MEETING
April 6, 2010
Page 70f8
PUBLIC HEARING CLOSED - 9:] 6 p.m. Public Record will be kept open until 5 p.m. on May 4,20 I O.
Comments and responses will be done in writing.
It was clarified that it is not Ex Parte for Council to speak to staff.
Councilor Lemhouse expressed overall support for moving forward but was concerned about over regulating.
Councilor VoisinlLemhouse m/s to continue item until May 4,2010. Voice Vote: all AYES. Motion
passed.
PUBLIC FORUM
Zach Brombecher/1370 Tolman Creek Road/Spoke regarding the dumping and storing of items along
Mistletoe Road including railroad ties, garbage, mobile homes, cars and trucks and requested the Police
Department look into this problem.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve First Reading of an ordinance amending Chapter 9 concerning weed
abatement and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud. Division Chief - Fire Marshal Margueritte
Hickman explained the rewrite updated intent and made enforcement feasible and current. During the previous
year, the Fire Department mailed 500-600 letters focusing on weed abatement education with 90%-95%
compliance. Ten people were eventually cited with only one case going to court.
Mr. Appicello further explained the uniform abatement process and clarified the ordinance applied to city
limits. The Class "A" violation was limited to the City Charter and Chapter] 08 as it currently exists with up
to a $500 fine.
Councilor ChapmanNoisin m/s to approve first reading and set second reading for April 20, 2010.
Roll Call Vote: Councilor Jackson, Chapman, Lemhouse, Voisin and Navickas, YES. Motion passed.
2. Should Council approve First Reading of an ordinance amending adding a uniform violation
abatement procedure to the Ashland Municipal Code and move the ordinance on to Second
Reading?
City Attorney Richard Appicello read the ordinance title aloud. The ordinance was a companion to the Weed
Abatement Ordinance and allowed staff to address properties with debris that created a hazard.
Councilor Chapman/Jackson m/s to approve first reading and set second reading for April 20, 2010.
DISCUSSION: Councilor Lemhouse supported the ordinance and noted issues the City could have dealing
with hoarding or storingjunk that becomes hazardous. This was a good mechanism for the City to take action.
Roll Call Vote: Councilor Jackson, Voisin, Navicka~, Lemhouse and Chapman, YES. Motion passed.
3. Should Council approve First Reading of an ordinance amending AMC Chapter 14;06 relating to
water curtailment and move the ordinance on to Second Reading?
City Attorney Richard Appicello read the ordinance title aloud. Public Works Director Mike Faught eXplained
the proposed changes, clarified that some residences have an additional meter for irrigation purposes and
during water curtailment, those residences would not use their irrigation source. Staffwill research how many
ASHLAND CITY COUNCIL MEETING
April 6, 2010
Poge 8 of8
residences have two meters and whether this causes them to receive additional water as well as address the
request to have the water table in cubic feet or provide equation and conversion information to customers.
Council and staff discussed the Waste Definition that included restaurants providing water without asking
patrons and using City water for filling swimming pools in excess of 100 gallons during curtailment. Staff
clarified that Stage 4 Water Curtailment regulates outdoor use of water to trees, shrubs and food plants and
noted that Ashland has never gone beyond Stage I Water Curtailment. Currently staff was developing the
process for 14.06.060 Exemptions and Appeals (6) "For residential gardens where water supply
reductions will result in loss of food production crops, residential water curtailment rates identified in
the Water Allocation Table can be increased up to 25% after confirmation by the City that the account
has instituted all applicable water efficiency improvements."
Councilor JacksonlLemhouse mls to approve first reading and schedule second reading for April 20,
2010. DISCUSSION: Councilor Jackson addressed Stage 4 Water Curtailment and thought it was
inappropriate to use treated potable water for irrigation of food supply during a water curtailment situation.
Councilor Lemhouse suggested removing the language citing a resident for waste even though they had not
exceeded their allotment. It did not seem fair and thought there should be a clear definition of waste. Mayor
Stromberg noted that during curtailment there were certain maximums that included no car washing or filling
swimming pools. Councilor Navickas was not convinced during curtailment the City should allocate an
additional 25% for a residential garden and thought perennial trees would have a higher priority over food
crops. Councilor Voisin did not think it was fair for the City to encourage citizens to have food producing
gardens and not provide an additional water allocation. Roll Call Vote: Councilor Voisin, Lemhouse,
Navickas, Chapman and Jackson, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 10:06 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
March 9, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m, in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Staff Present:
Bill Molnar, Community Development Director
Richard Appicello, City Attomey ,
April Lucas, Administrative Assistant
Absent Members:
'Larry Blake
Council Liaison:
Eric Navickas, absent
'Commissioner Blake did not attend the first part of the meeting for the SOU Master Plan public hearing,
but was present for the Groman Minority Report and TGM Grant Application agenda items.
ANNOUNCEMENTS
Commissioner Marsh noted the Economic Development update will come before the Commission at their April meeting and
stated their March 30~ Study Session will likely be canceled. Marsh also added "Consideration of 2010 TGM Grant
Application" to the end of the agenda.
CONSENT AGENDA
A. Approval of Minutes.
1. February 23,2010 Planning Commission Minutes.
Commissioner Dotterrer clarified on Page 3 under Discussion of the motion, the minutes should indicate he was against the
properties at 650-750 Mistletoe Rd. being included in the Detail Site Review zone.
Commissioners Dotterrer/Morris to approve the minutes as amended. Voice Vote: all AYES. Motion passed 7-0.
PUBLIC FORUM
No one came forward to speak.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2009-00817
APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010-2020 as part
ofthe City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master Plan.)
COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: S.D.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Declaration of Ex Parte Contact
Commissioner Miller stated she performed a site visit. No ex parte contact was reported by any ot the commissioners.
Ashland Planning Commission
March 9. 2010
Page 1 of 7
Staff Report
Community Development Director Bill Molnar explained in July 2009 lhe Planning Commission held a public hearing on the
2010-2020 Campus Master Plan but ran out of time before the Commission could take a vote. A week later, the University
asked the City to put this item on hold so that they could conduct further outreach with the community. In December 2009, the
University submitted a revised plan and requested that this be put back on the Planning Commission's agenda. Mr. Molnar
stated tonight the Planning Commission will hold a new public hearing and issue a recommendation to the City Council.
Mr. Molnar reviewed the suggested conditions presented by staff, In terms of the faculty housing proposed for Ashland
St./Mountain Ave. and Henry Street, staff recommends: 1) conditional use permits be required, 2) the University adopt
additional design standards addressing building scale, bulk, coverage and articulation, and 3) a Transportation Impact
Analysis (TIA) be completed prior to final design. In regards to the faculty housing proposed for Walker Ave., staff is
recommending: 1) the University adopt additional design standards addressing building scale, bulk, coverage, and articulation,
2) the Transportation Impact Analysis be completed prior to final design, and 3) conditional use permils be required for
locations within 50 ft. of private property. For the mixed use development proposed for Ashland Street, slaff recommends: 1)
the project be subject to the City's Detail Site Review and Large Scale Development standards, 2) a Transportation Impact
Analysis be conducted prior to final design, and 3) the University adopt a Pedestrian Safety Plan and timeline for
implementation.
Mr. Molnar explained one area of concem the University has identified is the Floor Area Ratio (FAR) requirement in the Detail
Site Review zone. He stated the University has indicated the FAR maximum may be problematic for the types of buildings
they may propose, and since this standard was formulated to apply to discrete commercial parcels, staff is open to some
relaxation of this standard.
In regards to the Transportation Demand Management (TOM) strategies, Mr. Molnar stated staff is recommending SOU
promote the use of alternate modes of transportalion and refine the campus parking requirements. In addilion, staff is
recommending the University provide the City with their TGM strategies and a timeline for implementation.
Mr. Molnar clarified staff is recommending all of the above be conditions of approval. He also clarified that while the City
Council will review and adopt the entire plan, the Planning staff focused its review of the plan on the land use projects and
elements that will come before the Planning Commission as the master plan is implemented.
Comment was made questioning why staff is not recommending the TIA be completed prior to the adoption of the master plan.
Mr. Molnar explained master plans often indicate placeholders for development; however accurate traffic impact details are
not available until specific projects are ready to move forward. He stated at this point looking at intersection changes based on
the elements identified in the master plan would be premature; however the City's upcoming Transportation System Plan
update may identify areas within the campus where development is proposed and incorporate necessary facility
improvements.
Applicant's Presentation
Craig Morris and Eric Ridenour addressed the Commission. Mr. Morris noted last time they were before the Commission the
neighbors had a lot of misunderstandings about the University's proposed master plan; however since then. the University has
given the community time to share their concerns and also arranged a public meeting last October to discuss the plan.
Mr. Ridenour stated the master plan elements are driven by retention, recruitment, and fiscal responsibility; and he listed the
key elements of the plan as follows:
1) Two academic buildings are proposed for capital investments. Theater Arts will have a major renovalion and addition, and
an addition is proposed for the Sciences Complex.
2) Five buildings are identified for deferred maintenance projects: Churchill, Sciences, Britt, Central and McNeal.
3) The University's athletics program anticipates potential field use changes and increased access and visibility projects.
4) The plan proposes to remove the Cascade Complex and outlines a new generation of modem housing located north of
Ashland SI. and Siskiyou Blvd.
Ashland Planning Commission
March 9. 2010
Page 2 of 7
5) Faculty housing is proposed on Walker Ave. north of the railroad tracks, and also on Henry St. and Ashland St west of
Mountain Ave.
Mr. Ridenour clarified of the two housing types proposed, the student housing project is by far the higher priority of the
University. He also commented briefly on the circulation issues identified in the master plan, the enhanced pedestrian core,
and noted the master plan also lays out a series of sustainability strategies.
Mr. Ridenour stated following the last Planning Commission hearing the University held a neighborhood meeting and
members of the public were asked to vote on key questions. He shared some of the results from that activity and also
provided the following clarifications: 1) the Ecos Garden site will remain intact under the update, 2} Oregon state funds will not
be used to develop the proposed student and faculty housing, 3) the faculty housing improvements could be subject to
property taxes, 4} the University does not have plans to acquire additional property in the next decade, 5} all plans for
perimeter properties will have to follow the City's conditional use process, 6) any faculty housing developed on Ashland St. will
be limited to a 1 Y, story height limit, and 2 stories for housing west of Mountain Ave., and 7} SOU has owned the softball
fields north of Iowa St. for decades.
Mr. Ridenour noted the following elements of the proposed master plan have changed since the Planning Commission's first
hearing: 1) graphics and text have been updated to clarify that SOU does not have plans to expand into properties not
currently owned by SOU, 2) the housing goals have been refined and clarified (up to 800 beds of new housing with the intent
to replace beds in Cascade and potentially Susanne Homes). 3) the plan includes more data on commute patterns, 4) there is
additional information on the condition of the Cascade Complex, and 5) added the statement "New faculty housing on Ashland
St. (west of Mountain Ave) will not be more than 1 Y, stories tall."
Questions of Applicant
Mr. Ridenour clarified in general, the University. has no objections with the conditions proposed by staff; however for the TiA
they would like to look at the whole student housing area as a cluster rather than project by project.
Mr. Morris clarified the University is potentially looking at 600-1000 new students and roughly 40 new staff and faculty
positions over the next 10 years.
Mr. Morris commented on the student housing element and stated replacing the Cascade Complex is a major priority for them.
He explained they have talked with students and they have indicated their disapproval of this style of housing and stated
students now desire apartment-type living with living room spaces, kitchens and private bathrooms. He added the University
views this as a recruitment and retention issue and it will be a priority for them to move forward with this relatively quickly. Mr.
Ridenour noted their proposal is not to replace Cascade Hall on the same site, but rather to build new housing on the north
side of Siskiyou Blvd. He also indicated the University will conduct a market study to ensure there is a market for this type of
mixed use construction before they more forward. He stated they would not build the commercial square footage if they didn't
believe they could fill it, and clarified the commercial uses would be targeted to the student body.
Comment was made questioning if the University anticipates the increased number of students using public transportation
since the master plan does not propose additional parking. Mr. Morris stated the University plans on making better use of their
existing facilities and explained most classes currently occur between 9 a.m. and 1 p.m. He stated as the student body
expands they will hold classes later in the aftemoon, hold more evening classes, and have more use of their Medford facility,
Mr. Ridenour noted the master plan does recommend a review of the parking standards and to look for shared parking
opportunities.
Comment was made questioning if the University would be willing to do some of this transportation modeling upfront rather
than on a project by project basis. Mr. Morris provided an explanation of how the University receives funding and stated they
will not have the money to conduct a comprehensive transportation study until specific projects are identified and approved by
the board, He added it would be a financial hardship for them to agree to do a comprehensive study right now.
Ashland Planning Commission
March 9. 2010
Page 3 of 7
Mr. Molnar clarified the City's TSP update will evaluate the impacts of the campus master plan if it is adopted, and noted the
TSP will be looking at all modes of transportation. It was also clarified the University will be require to provide a pedestrian
safety plan before anything can be built north of Siskiyou Blvd.
Mr. Morris commented briefly on the proposed faculty housing and noted the difficulty the University faces in attracting new
staff due to Ashland's housing market. He stated the master plan indicates a placeholder for this, but he does not anticipate
the University will move forward with this right away,
Public Testimonv
Dominique Brown, Abraham Bettinger, Keith Erickson, and Lindsay Tidwell allocated their time to Rivers Brown.
Rivers Brown/1067 Ashland StlExpressed his concern with the prioritized phased development of the faculty village and
recommended the University prioritize their development as follows: 1) fully develop the north campus site first, 2) develop
faculty housing along Henry Street adjacent to where apartments already exist and gradually move eastward, and 3) develop
along Ashland St. just west of S. Mountain Ave. in the older established single-family neighborhood, Mr. Brown presented the
reasoning behind this recommendation and stated the faculty village would fit in best at the north campus location since this is
where all of the amenities for young families exist. Mr. Brown commented on why the faculty village may fail and shared his
concerns with abandoning student housing above the boulevard. He stated the traffic and safety problems on Siskiyou Blvd,
will only get worse and stated there is no good way to accommodate 3,000-6,000 extra crossings per day at the already
congested SiskiyoulWightman/lndiana intersection. Mr. Brown shared his concerns with the proposed mixed use student
housing and stated it is only the privatization aspect of this housing scheme that dictates transferring the students to below the
boulevard. He also shared his concerns with the University's open house and felt the University was not open to their input.
(Mr. Brown's full written testimony was submitted into the record.)
Cate Hartzel1/892 Garden Way/Stated SOU is integral to the community and it is good to see the University has plans to
replace the dorms; however: if this is a conceptual plan, the traffic and pedestrian issues should not be. Ms. Hartzell
recommended the Planning Commission ask staff to research the possibility of grant opportunities for the City and University
to come together and get the traffic study financed. She also recommended the mixed use housing be studied carefully given
the commercial property market in Ashland and cautioned that it may take some time before that kind of commercial property
~~ '
Sandra Slattery/1405 Pinecrest Terracellndicated she is speaking as a member of the SOU President's Advisory Board. Ms.
Slattery noted the University has 775 employees and the payroll alone contributes 48 million dollars annually into the City's
economy. She stated the connection between SOU and the growth and development of our community cannot be
underestimated, and in order to ensure SOU's continued success in this economy it must have a master plan. She stated the
proposed improvements will enrich and expand the existing educational and recreational opportunities, as well as provide
student and faculty enhancements. Ms. Slattery stated the development of faculty housing is an important incentive for the
future of the University, especially in the recruitment of young professionals that we need in this community. She stated
student housing options is an important selection criteria prospective students use, and urged the Commission to support the
SOU Master Plan.
Alan DeBoer/2260 Morada Lnllndicated he is also a member of the SOU President's Advisory Board but is speaking as a
citizen. Mr. DeBoer stated SOU is one of the great things about Ashland and asked that the Commission support this plan. He
voiced his support for the proposed student housing upgrades and the potential for faculty housing. Mr. DeBoer stated he
hopes the Commission does not require the University to do a transportation study up front. He noted they are a couple years
away from building anything identified in the plan and he anticipates there will be some changes in transportation over the
next 10 years. He added it makes more sense to do this study prior to the application when the University determines the
specifics about what they want to build.
James Ford/507 Tucker StlStated he is also a member of the SOU President's Advisory Board. Mr. Ford voiced his support
for the Campus Master Plan for the following six reasons: 1) the plan represents developments specific to the University's
existing education district and no new property acquisition is proposed, 2) the plan allows the University 10 become
operationally efficient and ready to act as opportunities and the economy allows, 3) the plan will provide for facilities with the
Ashland Planning Commission
March 9. 2010
Page 4 01 7
flexibility necessary to meet the ever changing needs of the campus, 4) SOU is a good steward and has been an excellent
corporate citizen, 5) the University is committed to recruiting, developing and retaining outstanding faculty and staff, and this
necessitates flexibility in faciiities and housing on campus, and 6) the plan will help SOU become more financially sustainable
by improving the academic facilities and residential options.
Rick Bleiweiss/1131 Highwood Dr/Stated he is a member of the SOU President Advisory Board but is speaking as a private
citizen. Mr. Bleiweiss voiced his support for the approvai of the University's master plan. He stated in addition to being the
largest employer in Ashland, SOU has the number one theater program west of the Rockies. Mr. Bleiweiss stated the theater
renovation project is going to be critical to keeping and maximizing that status, and it is also going to bring a lot of jobs. He
stated this plan creates a campus atmosphere committed to sustainability and he believes this plan goes hand in hand with
the University's climate action plan which set benchmarks for reducing carbon emissions and improving sustainable practices.
Mr. Bleiweiss stated the University is trying to be a responsible member of this community and thinks they should do whatever
they can to support SOU.
Rebuttal bvthe Applicant
Mr. Ridenour clarified the proposed housing is compatible with the surrounding area and noted the new design guidelines that
were submitted with the plan. He also clarified the mixed use development will not be a gated area, but rather will incorporate
good urban design principies and will also comply with the City's Detail Site Review Zone requirements. Regarding the
transportation issues, Mr. Ridenour stated they believe the strategy proposed by staff to tie the TIA assessment to significant
development that will change circulation is the logical way to go. He stated this will allow the University to move forward with
the master plan and pursue the funding they need to complete these projects and to do the necessary studies. He stated they
believe this gives the City and the community the assurance they need that the planning will be done ,in advance of the
impacts.
Mr. Morris commented on the process they have to follow with the State legislature for capital projects. He explained they
need to have a master plan that sets a vision so they have a concrete basis for the p~oects they will start talking to
legislatures about over the next few months. He asked the Commission to consider the impact not adopting this plan will have
ooh~ -
Advice from LeClal Counsel & Staff
Mr. Molnar clarified if the City's TSP update identifies issues with the University's plan, the master plan can be modified or the
City could impose conditions as these projects move forward.
Comment was made questioning if the TIA condition could be expanded to include all future housing projects, and not just
those within the north campus area. Mr. Molnar clarified the general focus was on the larger mixed use project on Ashland
Street, but this condition could be extended.
Comment was made questioning why the TIA is tied to the housing since the larger issue is the commuter trattic and how the
core of campus will be affected. Mr. Molnar commented that the appropriate vehicle to address the issue of future growth on
the campus is the City's TSP. Comment was made that this seems appropriate so long as the University is a player in that
process since it is their goals, their campus, and their impact.
Comment was made expressing concern with the pedestrian situation on Siskiyou Blvd, and with the options that have been
presented.
Comment was made questioning if the City has enough housing in the inventory for 600 more students. Mr. Molnar clarified
there is enough land within the City's urban growth boundary to meet our housing needs for the next 20 years, however the 5-
year inventory for multi-family housing within the City limits is pretty tight.
Commissioner Marsh closed the record and public hearing at 9:03 p.m.
Ashland Planning Commission
March 9. 2010
Page 5 01 7
Deliberations and Decision
Commissioners Dolterrer/Rinaldi m/s to recommend the Council's adoption of the 2010.2020 SOU Campus Master
Plan as part of the City's Comprehensive Plan, with the inclusion of staff's recommended conditions on pages 2.6 of
the Staff Report Addendum. DISCUSSION: Dotterrer clarified this recommendation includes the exemption for maximum
Floor Area Ratio (FAR), but does not exempt the separation of buildings requirement in the Detail Site Review standards.
Rinaldi recommended the Pedestrian Safety Plan condition be amended to read, "The Plan shall include but not be limited to
improved crossings with enhanced pavement design and access controls with an on-going monitoring of pedestrian flow
and safety issues." Commissioner Dotterrer accepted this amendment as part of the motion.
Rinaldi recommended the condition regarding the Transportation Impact Analysis and Access Management also be amended
to read, "All future housing projects fJr9fJesed vlithill !he Reith sampllS ar-ea shall be subject to a transportation impact
analysis (T1A) and access management standards described in the City of Ashland Transportation System Plan (TSP). "
Dotterrer accepted this amendment as part of the motion.
Commissioner Miller suggested the faculty housing be constructed at the Walker Ave. location before the Ashland
St/Glenwood Dr. area, Rinaldi commented that this could case the University some hardship and he would prefer to leave this
to the University's market analysis. He added he believes there is some benefit to having faculty housing cioser to campus:
Miller voiced her concern with adding more student housing on the north side of campus. She stated this takes away from the
campus feeling and stated she also has concerns with the proposed mixed use buildings. Dawkins shared his concern that the
proposed attached housing won't match the surrounding neighborhood. He stated he also has concerns with moving housing
below the boulevard. Marsh commented that she is comfortable moving this forward because the overall transportation
impacts will be incorporated into the City's TSP. She stated she believes the faculty housing on Henry St. is within the same
impact as the other housing in the area. Marsh also commented on the student housing component and voiced her support for
creating a zone of student activity near recreational facilities and potentially a commercial area. She acknowledged there is an
issue with students crossing Siskiyou Blvd, but stated crossing the street is an age appropriate activity for a college student.
Roll Call Vote: Commissioners Dawkins, Mindlin, Morris, Marsh, Dolterrer, Rinaldi and Miller, YES. Motion passed 7-0.
OTHER BUSINESS
A. Croman Mill District Plan - Minority Report
Commissioner Marsh explained this is the first time she has dealt with a minority report; and while she was initially open to
doing this, at this point she does not believe the report meets her personal standard for a minority report, She stated she
believes this report addresses issues the Commission never discussed and is much broader than she was anticipating.
Commissioner Marsh provided her opinion that the report should be presented to the City Council at their public hearing by the
individual members who drafted it.
The commissioners shared their opinions on whether it is appropriate to forward the minority report along with their formal
recommendations to the City Council. Commissioner Miller stated the report addresses a lot of the issues that have been of ,
concern to her and she is in favor of forwarding it to the City Council. Commissioner Morris gave his opinion that the report
addresses items that were not on the record and stated he is in favor of the commissioners going before the Council as
individuals and presenting their concerns. Commissioner Dotterrer stated he is comfortable with forwarding the minority report
to the City Council and if it makes the other members more comfortable suggested adding a caveat that approval by the
Commission does not imply an endorsement of the minority report's content. Commissioner Marsh clarified her primary issue
is that if the minority report is incorporated into the Commission's official recommendation, it needs to be based on the same
record of information. Commissioner Rinaldi voiced his support for others right to have a dissenting viewpoint, but does not
know why that should carry the stamp of the Planning Commission.
Commissioners MillerlMindlin m/s to forward the Minority Report to the City Council. DISCUSSION: Commissioner
Mindlin commented that forwarding the minority report would accomplish recognition that there were considerable issues
discussed that are not represented in the recommendation. She stated everything in the report she attempted to bring forward
during their discussions, and since they do not have verbatim minutes from their meetings it is difficult to see what was
actually discussed. Mindlin stated she was encouraged to do this and would like to see the minority report move forward.
Ashland Planning Commission
March 9. 2010
Page 6 01 7
Roll Call Vote: Commissioners Dawkins, Mindlin and Miller, YES. Commissioners Rinaldi, Dotterrer, Morris, Blake and
Marsh, NO. Motion fails 5.3.
Commissioner Marsh indicated she would like for the Commission to revisit the process that was used for the Croman Master
Plan at a later date, possibly at a study session or at their annual retreat.
2. City of Ashland 2010 TGM Grant Application
Commissioner Marsh explained the Planning COl1)mission is being asked to endorse a Transportation and Growth
Management (TGM) Grant Application. Mr. Molnar explained it is that time of year when the City competes for potential grant
dollars to do more advanced or long range planning. He stated the area identified for this grant is just south ot Normal Ave.
and East Main St; it is within the City's urban growth boundary, but outside the City limits. Mr. Molnar stated some of the
properly owners in this neighborhood have approached the City over the years with an interest in master planning the area,
but up until this point we have not been able to take on this project.
Mr. Molnar clarified in the past 6-months the Planning Division received a pre-application for a large development in this area
and the properly owners are seeking direction from the City on what they want to see happen for this area. He added if this
grant was obtained this project would be meshed with the City's TSP update.
Comment was made questioning if there are other areas the City could apply this grant to instead, such as the Tolman Creek
Rd/Ashland St area. Mr. Molnar clarified the Normal neighborhood is the main area within the City's urban growth boundary
that is slated for future development that at this point the City does not have a comprehensive plan tor. He added the City
already received a grant tor the TSP update and this project will evaluate the Tolman Creek/Ashland area.
Commissioner Miller noted she lives within the area identified. She stated there are areas along East Main that are not going
to be densely populated and stated she would rather seek funding for areas that really have a problem. .
Commission Mindlin indicated she would not be anxious to take this on unless there was development being pressed. Mr.
Molnar clarified the pre-application the City received was a proposal for annexation and zone change to construct 160
apartments.
General consensus was reached for Commission Chair Marsh to sign the letter of support.
ADJOURNMENT
Meeting adjourned at 10:00 p.m.
Respectfully submiffed,
April Lucas, Administrative Assistant
Ashland Planning Commission
March 9. 2010
Page 7 of 7
Council Communication
Annual Appointments to Commissions/Committees
Meeting Date: April 20, 2010 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb@ashland.or.us
Secondary Dept.: Mayor’s Office Secondary Contact: John Stomberg, Mayor
Approval: Martha Bennett Estimated Time: Consent
Question:
Does the Council wish to approve the Mayor’s recommendations for the Annual Appointments to the
various Commissions and Committees?
Staff Recommendation:
None
Background:
The ending term for most Commission/Board members is April 30, 2010. Proper notice was made in
our local newspaper and the City’s website on the vacancies.
Appointments are 3-year appointments with terms ending April 30, 2013 with exception of the
Planning Commission which are 4-year appointments with terms ending April 30, 2014 and the Band
Board which are 1-year terms.
The following are the recommendations made by the Mayor.
Airport CommissionConservation Commission
William Skillman David Runkel
Lincoln Zeve Sheri Cellini
Susan Moen
Forest Lands Commission
Audit Commission
John William
Guy Nutter Chris Iverson
Gary Pool
Band Board
Historic Commission
Marvin Belford
Don Bieghler Terry Skibby
David Hoxie Keith Swink
Harry Kannasto (one open vacancy)
Mike Knox
Housing Commission
Doug MacDowell
Raoul Maddox Rich Billin
Nikki Pons
Buildings Appeal Board
(one open vacancy)
John Fields
Dale Shostrum
Page 1 of 2
Planning Commission
Deborah Miller
(one open vacancy)
Public Arts Commission
David Wilkerson
Libby Edson
Nancy Parker (term ending 4/30/2012 – replacing Claire Baker)
Transportation Commission
Steve Hauck
Tom Burnham
Steve Ryan
Tree Commission
Kerry Kencairn
(two open vacancies)
Related City Policies:
Resolution No. 89-24
Council Options:
Approve or suggest changes to the Mayor’s appointments.
Potential Motions:
Motion to approve annual appointments to the various City Commissions as recommended by Mayor
John Stromberg.
Attachments
:
New submitted applications received
Resolution No. 89-29
Page 2 of 2
RESOLUTION NO. 89-~i
A RESOLUTION RELATING TO PROCEDURES FOR THE APPOINTI1ENT OF
PERSONS TO VARIOUS CITY BOARDS, COMMISSIONS AND CO~1ITTEES.
WHEREAS, Section 2.04.081 of the Municipal Code sets forth
public notice requirements regarding the appointment of
persons to various boards, commissions and
committees; and
WHEREAS, it is the desire of the Mayor and City Council to
encourage greater participation by citizens and by all
elected officials in the selection process.
NOW THEREFORE BE IT RESOLVED, as follows:
SECTION 1. The public notice requirements in section 2.04.081 of the
Municipal Code shall be considered minimum requirements.
SECTION 2. The number of days prior to the date on which annual
appointments or re-appointments are to be made and the specific
actions to be taken by those dates, shall be as follows:
60 davs. A public notice entitled "Notice of Appointment" shall
be published as set forth in Sec. 2.04.081 of the Municipal Code.
30 davs. (1) Deadline for applications from citiz.:!ns; and (2) a
complete set of applications shall be forwarded to "the Mayor and
each Councilor within three (3) days after said deadline.
20 davs. Final day for individual Councilors to submit their
personal recommendations to the Mayor.
10 davs. Mayor is to submit a preliminary list of recommended
appointees in writing to each Councilor.
7 days. Final day for individual Councilors to provide the Mayor
with any final comments concerning the list of recommended
appointees.
4 days. Mayor is to submit a final list of appointo:!es for
inclusion with the agenda packet.
SECTION 3. For vacancies which occur during the balance of the year,
the timetable set forth in section 2.04.081 shall apply.
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on thE! 20th day of
June 1 1989.
\ "
); /L./U L :;:~~dk:.~/~
Nan E. Franklin
City Recorder
SIGNED and APPROVED this O?/~1 day Of)7A~>~~
, 1989"
. '. ,( /-" ~
/a' ?/~,t-,..,.. ,A. 7~';'~r-(< c? -___
'catherine M. Golden
Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
A Resolution Authorizing a Full Faith & Credit Refinancing ofthe DEQ Loan on
the Wastewater Treatment Plant Secured by Portions of the Food and Beverage
Tax Revenue.
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
April 20, 2010
Administrative Services
Admin., Public W ks
Martha Benne
Lee Tuneberg
tuneberl@ashland.or.us
Mike Faught
Consent
Question:
Should Council approve a resolution authorizing the City Administrator, Finance Director or designee
to enter into a Full Faith & Credit financing agreement to refinance the DEQ Loan that was used to
construct the Wastewater Treatment Plant and to dedicate ongoing Food & Beverage Tax proceeds
allocated to the Wastewater Fund to pay annual debt service?
Staff Recommendation:
Staff recommends approval of the attached resolution.
Background:
The current annual debt service on the DEQ loan is $1.75 million. The Wastewater Fund annually
receives approximately $1.6 million in proceeds from the Food & Beverage tax. The difference is paid
by sewer rates.
Current economic conditions may be such that a'refinancing of the state-held loan could lower the
annual debt service and remove or reduce the legal requirement for a large cash reserve. The estimate
of annual savings from a refinancing a few months ago was above $100,0.00. With recent changes in
the financial markets, the estimated savings are well below $100,000 depending upon the conditions of
the sale on the date of financing.
Staff would like to position itselfto quickly issue refinancing bonds if the savings come close to an
acceptable level. The City should identify the minimum amount of savings that it would want before
refinancing. Staff believes that amount is $75,000 but Council may like a lower threshold because .
material savings could avoid or defer additional sewer rate increases. For example, a $33,400 savings
would translate to 1 % in sewer rates.
Passing this resolution.and monitoring the markets will meet the goal to be ready. The attached
resolution authorizes issuing refinancing bonds and pledging the annual F &B tax proceeds allocated to
the Wastewater Fund for paying debt service.
These are Full Faith & Credit bonds with a dedicated tax revenue stream but also guaranteed by a
pledge to use all legal means (revenues) to pay the debt. This pledge is the primary reason the interest
rates would be lower. Refinancing as FF&C bonds will remove the need for the $875,000 cash
reserve, making that amount available to meet the ending fund balance target. But, staff will still
Page 1 of2
"---
,,;. ,
CITY OF
ASHLAND
recommend sufficient cash balances beyond the target to ensure adequate cash flow for operations and
debt payment.
Related City Policies:
None
Council Options:
Council may accept this recommendation and authorize staff to proceed or take no action awaiting
additional information.
Potential Motions:
I make a motion to approve the attached resolution authorizing refinancing the Wastewater DEQ loan.
Attachments:
Resolution authorizing a refinancing of the DEQ loan with Full Faith & Credit bonds. ,
,
Page 2 of2
r~'
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
AUTHORIZING THE REFINANCING OF AN OUTSTANDING LOAN AND
RELATED MATTERS.
WHEREAS, the City of Ashland, Jackson County, Oregon (the "City") entered
into Loan Agreement No. R11750 (the "DEQ Loan") with the State of Oregon
Department of Environmental Quality to finance upgrades to the City's wastewater
treatment plant (the "DEQ Projects"); and
WHEREAS, the DEQ Loan is secured by revenues of the City's wastewater
system, a portion of the Food and Beverage Tax (also known as the Prepared Food &
Beverage Tax or Meals Tax) and a reserve account; and
,
WHEREAS, current interest rates are such that the City may be able to lower
debt service costs by refunding the DEQ Loan with a borrowing that is secured by the
City's full faith and credit; and
WHEREAS, refunding the DEQ Loan will also allow the City to release amounts
in the reserve account; and
WHEREAS, the City Council is authorized by Oregon Revised Slatutes Section
271.390 to enter into financing agreements to refinance real or personal property that
the City Council determines is needed and to authorize certificates of participation in
the right to receive the payments due from the City under those financing agreements;
and
WHEREAS, the City hereby determines that it is desirable to refinance the DEQ
Loan that financed the DEQ Projects;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Ashland, Oregon as follows:
SECTION 1. Determination of Need. The City Council hereby determines thai the DEQ
Projects are needed.
SECTION 2. Authorization. The City is hereby authorized to refinance the DEQ Loan
and the DEQ Projects pursuant to ORS 271.390 and ORS 287 A.360.
SECTION 3. Delegation. The City Administrator, the Finance Director, or the person
designated by the City Administrator to act as Finance Director underthis resolution
(each a "City Official") is hereby authorized, on behalf of the City and without further
action by the Council, to:
Page 1 of 3
1. Negotiate, execute and deliver one or more financing agreements (the
"Financing Agreements") in an aggregate principal amount that provides net proceeds
sufficient to refinance all or any portion of the DEQ Loan and to pay the estimated cosls
of the refinancing. The City Official may pledge the City's full faith and credit and taxing
power within the limitations of Sections 11 and 11 bof Article XI of the Oregon
Constitution to secure the Financing Agreements, and may agree to make the
payments due under the Financing Agreements from any or all of the City's legally
available funds. The City Official may also commit to pay the Financing Agreements
from the revenues of the City's Food and Beverage Tax and pledge those revenues to
secure the Financing Agreements. Subject to the limitations of this resolution, the
Financing Agreements may be in such form and contain such terms as the City Official
may approve.
2. Negotiate, execute and deliver one or more escrow agreements or similar
documents (the "Escrow Agreements") which provide for the issuance of one or more
series of "certificates of participation" or "full faith and credit obligations"
(the "Obligations") which represent ownership interests in the loan payments due from
the City under the Financing Agreements. Subject to the limitations of this resolution,
the Escrow Agreements and each series of Obligations may be in such form and
contain such terms as the City Official may approve.
3. Determine whether the interest payable on each Financing Agreement will be
includable in gross income or excludable from gross income under the Internal
Revenue Code of 1986, as amended (the "Code") and covenant for the benefit of the
owners of tax-exempt Obligations to comply with all provisions of the Code that are
required for the interest component of loan payments payable under the related
Financing Agreements to be excluded from gross income for federal income tax
purposes.
4. Designate the Financing Agreements and Obligations as "qualified tax-exempt
obligations" under Section 265(b) of the Code, if applicable.
5. Deem final and authorize the distribution of a preliminary official statement for
each series of Obligations, authorize the preparation and distribution of a final official
statement or other disclosure document for each series of Obligations, and enter into
agreements to provide continuing disclosure for owners of each series of Obligations.
6. Apply for and purchase ratings. municipal bond insurance, or other forms of
credil enhancements for the Financing Agreements and Obligations, and enter into
related agreements, as necessary.
7. Enter into additional covenants for the benefit of the purchasers of the Financing
Agreements and Obligations which the City Official determines are desirable to sell the
Financing Agreements and Obligations on favorable terms.
8. Engage the services of paying agents and any other professionals whose
services are desirable for the financings.
Page 2 of 3
9. Take actions to refund all or any portion of the DEQ Loan.
10. Determine the final principal amount of each Financing Agreement, the interest
rate or rates which each Financing Agreement shall bear, the City's prepayment rights
and other terms of each Financing Agreement and each series of Obligations, subject
to the limitations of this resolution.
11. Solicit competitive bids for the purchase of any series of the Obligations and
award their sale to the bidder offering the most favorable terms to the City, select one
or more underwriters, negotiate the terms of the sale of any series of Obligations, and
sell that series to those underwriters, or place the Financing Agreements with one or
more lenders.
12. Execute and deliver any other certificates or documents and take any other
actions which the City Official determines are desirable to refund the DEQ Loan or to
carry out this resolution.
SECTION 4. Effective Date. This resolution was duly PASSED and ADOPTED Ihis
20th, day of April, 2010, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 20th day of April, 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney'
, Page 3 of 3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Water Master Plan Update- Ashland Water Advisory Committee Member
Selection
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
April 20, 2010
Public Works
N/A
Martha Benne
Michael R. Faught
faughtm@ashland.or.us
Pieter Smeenk
Consent
Question:
Does the Council wish to appoint Donna Rhee, Southern Oregon Lands Conservancy, to the Ashland
Water Advisory Committee (A W AC) for the Water Mater Plan update?
Staff Recommendation:
Staffrecommends that Council approve the appointment of Donna Rhee, Southern Oregon Lands
Conservancy, for the Ashland Water Advisory Committee (A W AC) for the Water Master Plan update.
Background: ,
At the March 16,2010 City Council meeting, the City Council approved two of the three "at-large"
A W AC members recommended by the Mayor. As a result there is still one seat open on the A W AC
committee. The Mayor is now recommending that Donna Rhee, Southern Oregon Lands Conservancy
be appointed to fill the final vacant "at-large" committee member position.
Even though one seat remains open on the new II member A W AC committee, the first A W AC kick-
off meeting was held April 15, 2010. Donna Rhee was invited to attend the meeting in the event the
Council does approve the Mayor's appointment of Ms. Rhee to the committee.
A summary of the current list of A WAC committee members is as follows:
I. Donna Mickley, Forest Service
2. Darrell Boldt, SDC Committee
3. Alex Amarotico, Chamber of Commerce
4. John Williams, Forest Lands Commissioner
5. Amy Patton, Environmental Advocate
6. Leslie Adams, Environmental Advocate
7. Pat Acklin, At-Large
8. Vanya Sloan, At-Large
9. Kate Jackson, City Council Member
10. Carol Voisin, City Council Member
II. , At-Large
Council Options:
(I) The Council could decide to approve the Mayor's A WAC Committee Appointment.
(2) The Council could decide to modify ( ) the Mayor's A WAC Committee Appointment.
Page I of2
r~'
CITY OF
ASHLAND
Potential Motions:
(I) Move to approve the Mayor's A WAC Committee Appointment
(2) Move to modify ( ) the Mayor's A W AC Committee Appointment.
Attachments:
A W AC Charter
Pagc2of2
r~'
ASHLAND WATER REUSE AND CONSERVATION STUDY
&
WATER MASTER PLAN
ADVISORY COMMITTEE
- CHARTER -
PURPOSE:
\
Ashland is committed to undertaking an integrated Water Reuse and Conservation
Study and Water Master Plan (Water Program) to address long-term water supply
including climate change issues, security and redundancy, watershed health,
conservation and reuse, and stream health. The Water Program will address Ashland's
multiple water sources & multiple options for combining them to meet demands while
considering climate change, improving reliability of supply and increasing environmental
stewardship. The purpose of the Ashland Water Advisory Committee is to provide a link
with the community and to involve impacted persons and interest groups with Ashland's
Water Supply Planning Program and Utility. The Advisory Committee will provide
critical local input to the planning and policies that will guide the Water Supply Utility to
defining goals, objectives and rate structure.
DUTIES:
1. Identify and prioritize community issues, goals, and concerns related to the Water
Master Plan including water conservation, water recycling, public health protection,
water supply reliability, and water quality.
2. Work with City staff, the Technical Review Committee, and the consultant team to
adopt level of service goals for the Water Master Plan.
3. Review planning alternatives and planning recommendations and comment on
their ability to satisfy the established level of service goals and address other
identified community goals, issues, and concerns. .
4. Assist in gaining community input into the planning process and educating the
community about water planning issues.
AUTHORITY:
The Ashland Water Advisory Committee (AWAC) is to be established in accordance
with Ashland's committee policies and will be in existence throughout development and
implementation of the program. The purpose of this Committee is to serve as an
advisory group to the City and its water staff. As such, its authority will be limited to
collecting information, conducting analyses and making recommendations. All position
statements or recommendations of the Committee will be transmitted by its Chairman to
the City Council.
ORGANIZATION:
The AWAC will be chaired by a person [appointed by the Mayor or] selected by fellow
Task Force members. The Chairperson will establish the rules of order and conduct all
meetings. Each member will have one vote except for the Chairperson who will serve
as a non-voting member except in the case of ties. City staff will provide direct support
to the Committee and its Chairperson.
A Technical Review Committee consisting of the Director of the Talent Irrigation District,
the Ashland Water Department Project Manager, Treatment Plant Operator, Distribution
System Operator and Water Conservation Officer will provide technical support, input
and oversight to the AWAC.
MEETINGS:
It is anticipated that the Committee will meet approximately once every two months over
the next 16 months. The day of week and time for meetings will be established by the
Task Force at its initial meeting. The actual date of each meeting will be set by the
Chairperson. As the program takes shape additional meetings or subcommittee
meetings may be requested by the Chairperson. An initial schedule for committee
meetings with suggested agendas is attached.
The agenda for each meeting will be established by the Chairperson and distributed to
each member prior to the meeting. Suggestions for agenda items may be made to the
Chairperson by any member. A majority of the total number of Task Force members
may amend the agenda at any meeting.
Position statements regarding issue papers must be approved by a majority of the total
number of Committee members.
The Chairperson will document issues raised by the Committee as well as any recom-
mendations from the Committee and transmit them to the City. Meeting summaries will
be kept by Project staff and transmitted with the agenda and supporting materials to
each member prior to the subsequent meeting. All summaries or other written
communications from the Committee may be amended with approval of a majority of the
total number of Committee members.
Members of the Committee will not be compensated for their services or the expense of
attending meetings.
REPRESENTATION: lsuaaestedl
City Council Member; Neighborhood/Community Group(s); School District Committee;
Ashland Downtown Association; Chamber of Commerce, Home Builders Association;
Ashland Hospital, Ashland Fire Department; WISE Project, Ashland Coalition, Utility
System Development Charges (SDC) Committee, League of Women Voters,
Environmental Group(s), others.
Suggested Committee size of 9.
PROPOSED MEETING SCHEDULElTOPIC: lsuaaestedl
. February - Kick-off, Intra to Program and background, Intro to Level of Service
Goals
. April - Finalize Level of Service Goals
. June - Water Rights, Environmental Impacts, Climate Change
. August - Supply Alternatives '
. October - Alternatives Analysis and Selection Workshop
. December - Draft Water Reuse and Conservation Study
. February - Draft Master Plan and SDC/Rates
. April - Final Meeting
PROPOSED ASSOCIATED MEETINGS: lsuaaestedl
. March - Public Hearing (Program Intro and Public Listening Session)
. May - Report to City Council
. September - Public Hearing (Program Update and Listening Session)
. November - Report to City Council
. April - Final Report to City Council
'\
RECEIVED
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Bear Creek pact~
By RUSSELL WORKING
of the MaUlrlblJoe
ASHLAND - Flobbergasled
wi Lh the stDle Department of Eh.
vironmelllal Quality. t.he city
council TuesLlay delayeu. until
January signing 8 contrad that
would lead lo cleaning up Bear
Creek,
The council aod DEQ officials
. were sello sIgn 8n agreemenllbal
would have given Ashland until
July I 10 decide what 10 do about
upgrading Hs wastewater treat.
menl planl. DuL upon hearing that
its assumptions about flows In
Beaf Creek were wrong, the coun.
eit rerused to pullls name on the
dolled line.
The prohlem Brose when local
farmer and husinessman Ron
Roth said Ilear Creek has higher
waler levels in the summer than
in the winter. The city faces
stricler waler regulations In the
summer hecause there is less
water in the creek La dilute wasle.
waler - sO council members
lhoughlthe lJEQ had been telling.
them. '
To the t:O\lncll's astonishment,
DEQ. senior environmental engi-
neer Jonnthan Gasik agreed with:
Roth about the high summer-
nows_
Water levels are lower in the
winter, t1esl,ite rain anel snow, be-
cause local reservoirs hold back
water for Irrigation season.
Gasik said the real problem In
the slimmer Is that creek tem~
peralures are high, allowing algae
to grow. But council members
noteu that cHy waler released
into Ilear Creek is cooler than the
creek's summer temperature by
about? degrees.
When Gasik suggested Ashland
was violating temperature st3n~
darus, Mayor Nancy Golden re~
torted, lOll sounds like Bear Creek
Is violating temperature stan~
uanJs. Who do we lake to court1"
The city has consiclered various
plans for improving its waste~
water plant, ranging from piping
Its sewage to Medford to uesign-
ing 8 weLlantls lreatment facility.
Pricetngs vmy rrom $20 mHlion 10
$30 million. ..
"I am cOllllllitlell to improving
the waslewater treatment plant,"
saitl Councilwoman Susan Reid.
"Ilu.l I. can't see why we sho~ld. .
:AS~HL~~ti iclf ~ i~
. . . ~ . _. .~ ~ 1-,' J - 1-1-'-).-
. u__:=~ COUNCIL- ~+::N
In othel" Bellon, the council:
. Agreed 10 raise garbage
fales from $12 to $13.20 monlhly
101" a single can at the request 01
Ashland Ssnlliu)' . & Recycling,
which .run. lha garbage. Iran-
chlso for Ashland. The council
took lhe action ev4n though It
learned that Ashland Sanllal"Y
collecllon Is cheaper In Talent.
That's because Ashland agreed
. to higher nlos. 10 oncourage .
conservallon, an Ashland Sant-
. 'sry spokosman said.
. Agreed 10 pilch In wilh the
Oregon Shakespeare Feslivallo.
build an elevalor 10 Ihe second.
1I00r of city haJl, making II
wheelchair accesslblo_ Shake-.
speare palrons could also use
'he elovalor 10 gella the Angus
Bowmer Thea'er. The cost to the
city wIll be ro~ghly $75,QOO.
. AppOinted member Slavs
Hauck '0 the Medford Water Re-
clamation P~olod.
"
I'
,.
,
i
I
i
, .
i ,~
l'
J
H
I
,
sign something where we said;
we'll meet stantlarcJs lhat arc
ch8ngin~." . :
The J)EQ had saill it would start
assessing nnes Jan. 1 if Ashla.11l1
hadn'l made up ils mind what to
do.. bul Gasik agreed to give lhe
council unlillls Jan. 3 meeUng lo
sign an agreement, ralher thall hil t
them with $250.a-day fines. (The ~
threal of fines didn't have the. r
council shaking In Us boots: coun-
cil members no led, thaI 'it would
lake 4,2,~ ~.ears or fines 10 add up
10 tbe cosl or the planl.)
"The Intenl oflhe DEQ is Ilotlo
assess fines," Gasik said. "The in-
lent or the J>EQ is lo see ... 1m-
. provement or water quality."
Rolh crillcized lhe DEQ's plan
and suggesled Ihal Ashlamfcounl \
Ihe fish in Bear Creek ahove and
below Ashland Creek, where lhe
city wastewater is dumped Inlo,
Bear Creek, to see if the planl
really does arrecllhem,
"They based a lot on a COlllputcr
model which has nothing: to tlo
with the reality of Dear Creek:'
saiiJ fioth.
lie edueu, "There is n real hu-
reaucrnUc tyranny here. ... Lei':;
plead 'uol guilly.'''
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Award of Contact to Design and Facilitate the Development of the Ashland Creek
Bank Restoration Project
April 20, 2010 Primary Staff Contact:
Public WorkslEngineering E-Mail:
Community Develo ment Secondary Contact:
Martha Bennet Estimated Time:
Question:
Will the Council approve a contract with StreamFix in an amount not to exceed $75,000 to design and
facilitate the development ofthe Ashland Creek Bank Restoration Project near Water Street?
James Olson
olson i {alashland,or, us
Michael Faught
Consent
Staff Recommendation:
Staffrecommends the Council approve a contract with StreamFix in an amount not to exceed $75,000
to design and facilitate the development of the Ashland Creek Bank Restoration Project near Water
Street. .
Background:
Executive Summary
With the reconstruction of the Water Street Bridge in 2005, certain creek channel improvements were
identified as being crucial to improve flood capacity, enhance aquatic habitat and restore fish passage,
, Time constraints did not allow the completion of these improvements along with the bridge
construction and a separate project is being developed to accomplish these Ashland Creek
improvements, This contract is the result of a Request for Proposal (RFP) process that resulted in the
receipt of three proposals from qualified design teams, StreamFix was selected by an appraisal review
team consisting of Public Works Staff,
Request for Proposals
On February 12,2010, a RFP was advertised statewide in several publications and on the City's
website, Three qualified firms submitted proposals on March 15,2010, An appraisal team consisting of
three members of the City's engineering staff completed a comprehensive review of the three
proposals on April I, 2010, Scoring of the proposals was conducted individually and independently by
each team member with the scores totaled to determine the top ranked firm, The results of the scoring
are as follows:
. I, StreamFix'
2, ICF International
3, CEC, Inc,
275 Points
273 Points
257 Points
Proiect Description
Prior to the replacement of the Water Street Bridge in 2005, the City of Ashland commissioned OTAK,
Inc, to perform a hydraulics analysis of Ashland Creek in the vicinity of the bridge, The analysis
resulted in a "Hydraulics Technical Memorandum" published on June IO, 2003, which recommended
that the stream channel be designed to look similar to the native areas upstream and downstream of the
bridge, The design was to include placement of native boulders, removal of a mid-channel silt deposits
Page 1 00.
~~,
CITY OF
ASHLAND
and creation of various flow areas of pools, The finished design was to provide increased flood
capacity and a fish-friendly environment allowing passage of anadromous fish,
Due to time constraints, the recommended in-stream restoration work was not included with the bridge
construction project. This project will restore the creek banks of Ashland Creek in the area defined as
being approximately 100 feet upstream and downstream of the centerline of the Water Street Bridge,
The goals of this project are as follows:
. Provide channel capacity of approximately 3100 CFS throughout the length of the project area;
. Provide a stream channel with positional stability;
. Remove invasive and noxious plants within the project area and improve channel shading;
. Provide habitat restoration for the protection of endangered fish;
. Provide a fish-friendly stream corridor; /
. Provide protection for an adjacent historic structure;
. Provide a self-sustaining stream channel requiring little or no maintenance,
Proiect Development
This project involves work within a protected stream corridor which is a habitat for endangered fish
species and falls under the jurisdiction of the City's newly adopted Water Resources Protection Zone,
The actual physical effort and budget to complete the stream improvements is minor compared to the
efforts needed to prepare the project for construction, A list of the pre-design activities which the
consultant must satisfy include:
. Conduct an analysis of sediment within the stream flow;
. Provide a topographic survey of the expanded project area defined as being 150 feet upstream
and downstream of the Water Street Bridge centerline;
. Determine the extent and scope of other agency project review and permitting (i,e, ODFW,
NMFS, DSL, COE, etc,);
. Develop a design and implementation schedule;
. Develop a preliminary project cost estimate;
. Determine the extent and scope of other agency requirements for environmental, biological and
cultural assessments and provide all required studies, reports or analysis;
. Apply for and acquire all necessary permits including, but not limited to:
DSL / COE joint permit
City Physical and Environmental Constraints Permit
City Limited Use Activity permit under the Water Resources Protection Zones
Ordinance
Other permits as identified as a result of agency reviews;
. Coordinate with project stakeholders including City Public Works and Community.
Development Staff, adjacent property owners and other agencies;
. Develop options for attainment of the project goals and provide data to support each option,
Because of the complexity of this project, it is anticipated that the pre-design and design phase will
take a full year to complete, Many of the agencies which will issue permits for this work require 30 or
60 day public review process and many agencies have a backlog of several months before a review of
the application can even take place, .
Page 2 of3
r.l'
CITY OF
ASHLAND
This project will also be subject to an in-water work period beginning on approximately June 15th and
ending on approximately September 15th and is anticipated, therefore, that work will not begin before
June, 2011. '
Related City Policies:
The Council acts as the Local Contract Review Board to approve and authorize contracts for public
improvements,
Council Options:
. Council may approve a contract with StreamFix to design and facilitate the development of the
Ashland Creek Bank Restoration Project;
. Council may revise the scope of services to be provided by StreamFix;
. Council may reject all proposals offered in response to the request for proposals,
Potential Motions:
. Move to approve a contract with StreamFix to design and facilitate the development of the
Ashland Creek Bank Restoration Project;
. Move to modify ( ) the scope of services to be provided by StreamFix;
. Move to reject all proposals offered in response to the request for proposals,
Attachments:
Map
Photographs
Page 3 of3
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Ashland Creek, upstream from the Water Street Bridge
Upstream (west) side of bridge
i
,I
Looking southwest from bridge
Looking northeast from bridge
Downstream (east) side of bridge
Water Street looking south
Looking north along Water Street
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Certified Local Grant Acceptance
April 20, 2010 Primary Staff Contact:
Community Development E-Mail:
N/A Secondary Contact:
Martha Benn Estimated Time:
Derek Severson
seversod@ashland,or.us
Bill Molnar
Consent
Question:
Should the City Council accept the 2010-2011 Certified Local Government grant of$15,360 from the
Oregon State Historic Preservation Office for historic preservation activities?
Staff Recommendation:
Staffrecommends the Council accept the Certified Local Government grant, and authorize staff to sign
the grant agreement.
Background:
The Community Development Department received a Certified Local Government grant of $15,360
from the Oregon State Historic Preservation Office for historic preservation activities, The bulk of the
grant ($11,667) will be used for hiring a consultant to revise and expand our Iii storie residential design
standards to provide internal consistency within our Site Design and Use Standards as well as bringing
them in line with the Secretary of the Interiors Standards, including conducting necessary public
meetings, preparing graphics, and creating supporting educational materials, as described in our
Historic Preservation Plan, The remaining grant funds will go toward co-sponsoring a preservation
workshop with the cities of Medford and Jacksonville, staff and commissioner attendance at the
Certified Local Government Oregon Heritage conferences in Jacksonville in 2010 and Astoria in 2011,
and the local promotion of National Historic Preservation Week in 2010 and 2011.
The Certified Local Government program is designed to promote historic preservation at the local
level. It is a federal program of the National Park Service that is administered by the Oregon State
Historic Preservation Office, Local governments must meet certain qualifications to become
"certified" and thereby qualify to receive matching grants from Oregon State Historic Preservation
Office, The City of Ashland is a Certified Local Government.
Related City Policies:
N/A
Council Options:
Authorize staff to sign the 2010-2011 Oregon Certified Local Government grant agreement, or decline
the grant.
Potential Motions:
Move to authorize staff to sign the 2010-2011 Oregon Certified Local Government grant agreement.
Attachments:
Grant approval letter and grant agreement from the Oregon State Historic Preservation Office,
Page 1 ofl
~~,
11lcodore R. Kulongoski, GO\'ernor
Parks and Recreation Department
State Historic Preservation Office
725 Summer St NE, Ste C
Salem, OR 97301-1266
(503) 986.0671
Pax (503) 986.0793
www.oregonheritage.org
March 16,2010
Derek Severson
AsWand Historic Landmarks
20 East Main Sl.
Ashland, OR 97520
@ ~~ -'='-
"'''0..
-....
Dear Derek:
Congratnlations! As you know, your application for a 2010 Certified Local Govenunent Grant has been funded for
the amount and purpose listed below,
Grant Amount: $15,360
Start Date: 411/2010
End Date: 8/31/2011
Project Summary: Funds will be used to Revjse and expand residential standards ill the current
code and create supporting educational materials. Educational projects include
cosponsoring an HPLO worl<shop and offer National Preservation Month
acliviUes In 2010 & 2011, In addition, staff and commissioners will attend
conferences and trainings.
Heritage Division Grant #: OR-IO-02
Enclosed are two copies of your 2010 Grant Agreement. Carefully review the scope of work and requirements for
each category to be sure they are summarized correctly. Have the authorized signer sign both copies and return
them. You will receive back a fully signed original for your files. The signed Agreement must be returned to our
office within"30 days; ifnot returned in that periodJ it will be assumed that you are not accepting the grant award.
We don't want to pester you with the boring details of grant managementJ but there are things you need to know
and things that must be done. This 'year we are making it easy by having a short webinar to cover the basics.
Please attend and lllYite your billing folks or other who deal with the grant process, JOll1 us for a CLG Grant
Management Workshop Webinar on May 11,9:30.10:30, Reserve your Webinar Seat at:
https://wwwl.gotomeeting.com/register/311794512. Once you register, you will receive the cormection info via
email.
I am looking forward to working with you. Please let me know if you have any queslionsJ and. again.
congratulations and best wishes for a successful project.
7Z:'14-d~
KuriGill
CLG and Historic Cemeteries Program Coordinator
(503) 986.0685
Kuri.Gill@state,or,us
Enclosures
@
Grant Agreement
2010 Certified Local Govemment Grant (OR-10-02)
This Agreement is made and entered into on the date of final signature of this agreement by and
between the State of Oregon, acting by and through Oregon Parks and Recreation Department,
Heritage Programs, hereinafter referred to as the "State" and:
City of Ashland
20 E Main Street
Ashland, OR 97520
hereinafter referred to as "Grant Recipient."
I, GENERAL PURPOSE: The general purpose of this agreement is: to undertake the
heritaf!e-related protect as detailed in Attachment A,
2, AGREEMENT PERIOD: This agreement is for the period from 411/2010 to 8/31/2011 unless
otherwise extended or terminated in accordance with the terms and conditions of this agreement.
3, AGREEMENT COSTS: STATE will pay GRANT RECIPIENT a maximum of $15.360
for costs authorized by this agreement.
4, ATTACHMENTS INCLUDED AS PART OF TIDS AGREEMENT:
Attachment A: Scope of Work
Attachment B: Standard Terms and Conditions
5, SIGNATURES:
IN WITNESS WHEREOF, the parties sign and cause this agreement to be executed,
GRANT RECIPIENT:
Signature, Authorized Representative
Dale
Name and Title of Signer (Type or Print) .
STATE:
Roger Roper, Assistant Director
OPRD Heritage Programs
Dale
9/07
Attachment A -- Scone of Work
2010 Certified Local Government Grant
Gralltee: City of Ashland
Graut Amoullt: $15.360 Match Amollllt: $15.360
The grant funds and matching local contributions witi be used to accomplish the work items detailed in the Budget
and Work Description sections that follow, OPRD Heritage Programs staff mnst approve any changes to this
Scope of Work,
PROPOSED BUDGET
Administration
Staff _~I,4?g
Total
2 Other Preservation Activities
Travel $412
Staff $1,689
Volunteer $941
Registration, lodging and meals $!.c48O
Total
3 PJanning, Review and Compliance
Volunteer $2,142
Contractor $8,771
Staff $3,504
Travel $1,815
Meals & Lodging ~1,080
Total
4 Public Education
Materials & Equipment $1,600
Travel $122
Staff $3,313
Volunteer $2,297
Contractor $56
Other $20
Total
Total Project Budget"
$1,470
$4,522
$17,312
$7,408
$30,712
* I"c1udes gran' alllOlmt and loc(11 match, Note: This project lJIay include overmatch a/work
activities alld expenditures t!tat exceed the reqlll,.cmeltts a/tlris gmllt. The miltimlllll match
requirement is equal to tIre grallt amoll"l.
WORK DESCRIPTION
1, Administration
$1,470
Products:
Process; track, report for grant.
Standards:
Project Standards:
, Allowable costs and services must be related to the administration of this grant:
application/contract processing, project oversightJ reimbursement requests, etc.
2, Other Preservation Activities $4,522
Page 1 of3 Attachment A for Certified Loca) Government Grant # OR-I0-02
Products:
Two staff and six comrnisioners' attendence at CLG workshop and Oregon Heritage
Regional Round Up in Jacksonville in Ashallld. One staff and one co~ssioncr
attendance at Oregon Heritage Conference in April 201 1.
Standards:
Project Standards: Activities in Ihis program area include any activity that is eligible for
HPF assistance but that does not readily fall within one of Ihe Program Areas described
above, or involves Multiple Program Areas and the activity caUllot reasonably be divided
among the specific Program Areas. One example is HABSIHAER documentation
projects.
~ Completed work must be consistent with The Secretary of the Interior's II Standards for
Archeology and Historic Preservation. II which include the "Standards for Preservation
Plamring. II .
. The CLG must submit to the SHPO copies ofall contracts with the consultant(s) for
professional services and all reports, drawings, etc. completed for tbe project. Any
purchases or contracts for services over $500 should follow appropriate procurement
procedures, including obtaining at least Ibree bids,
. All reports and publications related to this project must give credit to the State Historic
Preservation and National Park Service. IlThis project was funded in part by a matching
grant from the Oregon State Historic Preservation Office through the National Park
Service Certified Local Govenunent Program."
3, Planning, Review and Compliance $17,312
Products:
Revise and expand existing residential standards in the Site Design and Use Standards
Section IV and develop supporting graphics andlor educational materials. Management of
the preservation program including public service, design review and commission
meetings.
Standards:
Project Standards:
. Eligible costs and activities include those related to local "design review" as well as to
participation with the SHPa ill state or federal compliance activities for properties within
the local government's boundaries.
. Activities and products must be consistent with local, state, and federal preservation
standards and guidelines, including the National Register bulletin "How to Apply the
National Register Criteria for Evaluation" and the Secretary of the Interior's "Standards
for Rehabilitation".
. The CLG must maintain records of cases it reviews and the decisions' it make.
4, Pnblic Education
$7,408
Products:
Co.sponsor a Preservation 101, public education presentation by the Historic
Preservation League of Oregon with the cities of Ashland, Medford and Jacksonville in
April 2010.
Page2of3
Preservation Month activities for 2010 & 2011 including guest speakers or workshops,
two guided walking tours and local preservation awards.
Standards:
Project Standards:
. Prior to starting the public education project, the grant recipient must receive written
approval from the SHPO on the fmal work plan,
. The CLG must submit to the SHPO copies of all contracts with the consultant(sHor
professional services and all reports, drawings, etc, completed for the project. Any
purchases or contracts for services over $500 should follow appropriate procurement
procedures, including obtaining at least three bids.
. Printed publications must include the following Slatement of Equal Opportunity and
Attachment Afor Cerllfied Locat Government Grant # OR-IO-02
Funding:
This publication has been funded with the assistance of a matching grant.in.aid from the
Oregon State Historic Preservation Office and the National Park Service. Regulations of
the U.S. Department of the Interior strictly prohibit unlawful discrimination on the basis
of race, CO]Of, national origin, age or handicap. Any person who believes he or she has
been discriminated against in any program, activity, or facility operated by a recipient of
Federal assistance should write to: Office of Equal Opportunity, National Park Service,
1849 C Street, NW, Washington, D,C, 20240,
Page) of)
Attachment A for Certified Local Government Grant # OR-IO.02
Attachment B
Standard Terms and Conditions - Historic Preservation Fund Grants
l. AuthorIty: The National Historic Preservatioo Act of 1966 and Amendments, 16 U,S,C 470, authorizes the SHPO to
provide grants to Certified Local Govenunents to carry out preservation projects authorized under the Act;
2, Work Plan Approval: Prior to commencing the project described in Attachment A, Grant Recipient shall receive
approval all a fmat work plan from the State.
3. Renegotiation or Modifications: This agreement may be amended, modified, or supplemented only by written
amendment to the agreement, executed by the same persons or by persons holding the same position as persons who
signed the original agreement.
4. Employment Practices Clause: In carrying out its responsibilities under this agreement, the Grant Recipient shall not
deny benefits to or discriminate against any person on the basis of race, color, creed, religion, national origin) sex,
disability, or sexual preference) and shall comply with all requirements of federal and state civil rights statutes, rules and
regulations including:
. Titlc VI ofthe Civil Rights Act of 1964 (42 USC 200d et. seq,),
. Section 504 oflhe RehabilitalionAct of 1973 (20 USC 794),
. Title IX ofthe Education Amendments of 1972 (20 USC 1681 et. seq,),
. Americans with Disabililies Act of 1990 (42 use sections 1210110 12213),
. ORS 659.400 to 659.460 relating to civil rights of persons with disabilities,
5, Statement of Support: All publicity, visual or oral, and all publications for and related to this project shall be
accompanied by the following statement: IIThis project is supported in part by a grant from the Oregon State Historic
Preservatio1J Office, Oregon Parks and Recreation Deparhnent, funded by the National Park Service through the
National Historic Preservation Act. If A sign to that effect, provided by the State, may be required on the project site as
well,
6. Reporting: Grant Recipient shall submit written progress reports and a final report as described in the grants manual and
ou forms provided by State,
7. Grant Payments: Grant funds are awarded by State on a reimbursement basis. Reimbursement requests shall be in
accordance with grant instructions and on fonns provided by State.
8. Records Administration: Grant Recipient shall maintain, or supervise the maintenance of all records necessary to
properly account for the payments made to the Grant Recipient for costs authorized by this contract. These records shall
be retained by the Grant Recipient for at least four years after the contract tenninates, or until an audits initiated within
the four years, have been completed) whichever is later. The Grant Recipient agrees to aHow State auditors, and State
Agency Staff. access to aJI the records related to tlus contract, for audit and inspection, and monitoring of services. Such
access will be during normal business hours, or by appointment.
9. Tax Obllgatfons: Grant Recipient will be responsible for any federal or state taxes applicable to payments under this
Agreement.
10, Indemnity Clause: Grant Recipient shall defend, save, and hold hannle.. the State of Oregon Parks and Recreation
Department, its officers, agents, employees and members, from all claims, suits or actions of whatsoever nature resulting
from or arising out of the activities of the Grant Recipient or its contractors, agents or employees under this Agreement.
t 1. Laws and RC2ulatlolls: Grant Recipient agrees to comply with all state laws and regulations pertaining to this
Agreement and the work to be carried out.
12, Repayment: In the eveut that Grant Recipient spends Historic Preservation Fund Grant funds in any way prohibited by
state or federal law, or for any purpose other than the completion of the project, Grant Recipient shall reimburse the
SHPO for all such unlawfully or improperly expended funds,
13. Termination: This contract may be terminated by mutual consent of both parties, or by either party upon a 30-day notice
in writing, delivered by certified mail or in person. On termination of this contract, all accounts and payments will be
processed according to the fmancial arrangements set forth herein for approved services rendered to date of tennination.
14. Entire Agreement: This Agreement constitutes the entire agreement between tbe parties. No waiver, consent,
modification or change oftenns of this agreement shall.bind either party unless in writing and signed by both parties.
Such waiver, consent, modification or change, jf made, shall be effective only in the specific instance arid for the specific
purpose given. There are no understandings, agreements) or representations, oral or written, not specified herein
regarding this agreement. Grant Recipient, by signature of its authorized representative on the agreement, acknowledges
that the Grant Recipient has read this agreement, understands it, and agrees to be bound by its terms and conditions. II
(revised 4108)
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Re-AlIocation of 2009 Community Development Block Grant- Recovery Act
(CDBG-R) Funds
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
April 20, 2010
Planning
None
Martha Benne
Linda Reid
reidl@ashland,or.us
Bill Molnar
Consent
Question:
Should the City Council re-allocate $16,500 in unused Community Development Block Grant-
Recovery Act Funds (CDBG-R), previously awarded to the Public Works Department for ADA
accessibility improvements along Iowa Street, to the Conservation Division for Weatherization and
Energy Efficiency upgrades to homes occupied by low-income homeowners?
Staff Recommendation:
Staff recommends re-allocation of the funds from the Public Works Iowa Street Project to the
Conservation department Weatherization and Energy Efficiency Program,
Background:
In February 2009 the City of Ashland, as a CDBG fund entitlement community, received additional
funds through the American Recovery and Reinvestment Act. The City received an allocation of
$55,622 in CDBG-Recovery Act funds, In May of 2009, the Housing Commission recommended to
the Council that $50,060 of the Recovery Act Funds to be targeted for weatherization in pursuit of the
healthy housing objective, The remaining 10% ($5,562) is reserved to administer the CDBG-R
program,
At the June 2, 2009, City Council meeting the Council awarded the Public Works Department $16,500
toward the Iowa Street ADA Accessibility Project, and award $33,560 to the Conservation Division for
the Affordable Housing Weatherization and Energy Efficiency Project.
The Public Works Iowa Street ADA accessibility project intended to spend approximately $16,500 in
CDBG-R funds to replace II wheelchair ramps along five blocks of Iowa street to meet ADA
requirements, After initial award by the Council in June 2009, the Public Works Department was
notified that the Recovery Act funding provided by the Oregon Department of Transportation for the
pavement overlay on Iowa Street could also pay for the wheelchair ramp improvements, Consequently
the Public Works Department no longer intends to use the $16,500, To expend these Recovery Act
funds in a timely manner the City needs to re-allocate the $16,500 at this time,
The Affordable Housing Weatherization and Energy Efficiency Project did a very limited direct
mailing to households receiving energy assistance through the City's program, The response has been
strong from low-income homeowners seeking to improve the energy efficiency oftheir homes, Given
this high demand. the re-allocation of the $16,500 to this use would be an expeditious means of
expending the funds on an eligible activity that benefits both individuals in need and the community as
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CITY OF
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a whole, With potential energy efficiency improvements averaging approximately $3000 per
household, these additional CDBG-R funds would be expected to assist 5-6 households,
Related City Policies:
2005-2009 Consolidated Plan
Council Options:
Re-allocate remaining CDBG-R funds to support the Affordable Housing Weatherization and Energy
Efficiency Project.
Re-issue an RFP for the $16,500 for be used for another eligible activity in a timely manner.
Potential Motions:
Move to approve the Re-allocation of$16,500 in CDBG-R funds to the City of Ashland Conservation
Division's Affordable Housing Weatherization and Energy Efficiency Project.
Attachments:
Regular Housing Commission Meeting Minutes May 28, 2009
Page 2 of2
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CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
May 28, 2009
CALL TO ORDER
Chair Steve Hauck called the meeting to order at4:30 p.m at the Community Development and Engineering Services
Building, 51 Winburn Way, Ashland, OR 97520.
Commissioners Present: SOU Liaison: Alex Amarotico, Absent
Steve Hauck, Chair
Alice Hardes~ Council Liaison: Carol Voisin
Graham Lewis
Aaron Be~min Staff Present::
Absent Members: Linda Reid, Housim:' Snecialist
Bill Smith Carolvn Schwendener, Account Clerk
Richard Hillin
RCP'ina Avars
Nick Frost
APPROVAL OF MINUTES
V oisin/Hardesty mls to approve the minutes of the April 23, 2009 meeting. V oice Vote: Approved
PUBLIC FORUM
No one came forth to speak.
Two guests in the audience introduced themselves. Jack Murphy, a senior at Ashland High School and Tobias Cook a student
at Rogue Community College. Both gentlemen have government classes in school and were auditing the Commission meeting.
REPORTS AND UPDATES
Subcommittee Report
Finance - No meeting/no report
Education -No report
Land Use -Hardesty reported that the sub-committee discussed what to focus their attention on for the near future. They
discussed the possibility of building over a parking lot or just focusing on the Clay Street property. [t was their decision to
concentrate on the 1.25 acres and start to develop an RFP. [f the meals tax passes then the Parks Department will buy the
portion of the Clay Street property that is near the soccer fields. If the meals tax is turned down then the City has the
option of developing the entire property. The Committee would like to target the marketing for that housing towards City
employee's, teachers or school staff though they do not want to discriminate against non teachers and non City employees.
Voisin said she would like to add the Hospital workers and Linda Vista Care center to the marketing target.
Madeline Hill was present at the land use sub-committee meeting to provide input about FHA and HUD rules for loans on
mixed-use structures. Ms. Hill stated that it is a problem for some developers because they are required to have a certain
amount of square footage devoted to Commercial. Graham said Ms. Hill is also concerned that we as a City understand the
ratio of commercial to residential in mixed use. Even if something is approved it might not really be qualifying for
affordable housing because of the ratio issues.
Reid acknowledged that the Housing Authority of Jackson County did receive their funding from Oregon Housing and
Community Services. HAlC was the number one application in the state. They do have a revised timeline and will submit
that soon to the Housing Commission. At the next land use sub-committee meeting on the 10m there is going to be a site visit to
the Clay Street property with the Ashland Community Land Trust (ACL T). Meet on the site at 3:00 pm.
ASHLAND HOUSING COMMISSION
MINUTES
May 28, 2009
1
Liaison Reports
Council - Voisin reported that the Council is working on their goals and prioritizing them. The Council has put the
Riparian Ordinance on the back burner until the July meeting because they are still discussing and working on it. They
have determined a budget and are getting ready to adopt it. The budget committee decided to raise property taxes to
make up for the short fall. Because property taxes will be raised they voted for a reserve of $215,000 in a savings
account that would have otherwise been used to pay for employees salaries that would have lost their jobs. The budget
will be finalized on June 16"' so that it can get to the State by July 1,2009. [fthe meals tax does not pass sewer rates
will increase by 60% the first year, 40% the second year and then 20% the third year.
Voisin would like to recommend that the Education sub-committee work on having a plan where people come to
Council during the public forum time and give a fact on affordable housing. Some of the Councilors at this time are
not at all convinced that affordable housing has anything to do with City Govemment. It would be beneficial for the
Council to hear that it is.
Parks - Hauck stated that he went to the Mayors meeting of Committee Chairs and the Parks Department reiterated
that if they pass the meals tax then they will be buying their portion of the Clay Street property. At the meeting they
discussed what each of the Commissions are working on and the Mayor gave them preliminary goals.
School Board - No report
Plannin~ - Benjamin reported that the Planning Commission has become deeply involved with the Croman Site. On
April 28t the Planning Commissioners went on a site visit to the eroman property and on May 12th there was a
discussion on the various aspects of their visit to the site. On May 26th they presented a tentative revised land use plan
which they thought very highly of, the staff did an excellent job. The site will include 24.8 acres of light industry, 21
acres of office and 12.7 acres of mixed use including housing over Commer'cial.
Pat Acklin brought in her class to make a presentation on walking distances between important sites within the city. It
is likely that the planning staff will devetop a map for tourist encouraging alternative transportation.
sou- No report
Staff - Reid reminded the Commissioners about Project Homeless Connect on June 5, 2009 at the Medford Armory.
Bus tokens to get there will be handed out by the downtown police. The City received the CDBG recovery Act funds.
Reid talked with the Fair Housing Council of Oregon regarding the analysis of impediments that they are working on
for the City. Reid will add it to next month's agenda the presentation from the Fair Housing Council and emailthe
surveys to the Housing Commissioners.
COMMUNITY DEVELOPMENT BLOCK GRANT PROJGRAM - RECOVERY ACT
The City of Ashland as an entitlement City was awarded Recovery Act funds in the amount of $55,622.00. Reid received the guidelines on
May 5 as to how the funds were to be used which shortened the timeline. It is currently necessary to amend the 2008 Action Plan and get it
back to HUD by June 5" puffing the City on a very tight timeline. The Federal Govemment with the Recovery Act Funds has a list they would
iike jurisdictions to target.
. Preserving and creating jobs and promoting economic recovery;
. Assisting those most impacted by the recession'
. Providing investment needed to increase economic efficiency' .
. Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits;
. Minimizing or avoiding reductions in essential services; or
. Fostering energy independence
. Modernize infrastructure
. Improve energy efficiency
. Expand educational opportunities and access to health care
Because of the short timeline it was not possible to do an RFP, which would have been the normal procedure. The City Council is the
deciding body and the Housing Commission is a recommending body. Bill Molnar, Planning Director, Brandon Goldman, City Planner and
Reid looked at activities in the City that the money could be used for. The City staff prepared the proposals for the City Council with their
recommendation. The Staff looked at what activities were currently going' on internally within the City that we could partner these funds with
or use the funds independently that would help meet some of the priorities estabiished under the recovery ,act rules and still meet the
requirements of the CDBG program, said Reid. They came up with three projects.
ASHLAND HOUSING COMMISSION 2
MINUTES
May 28, 2009
. Conservation Program-Weatherization
. Parks Department-Garfield Park Improvements - resurfacing the basketball pad, skateboard cement and replace playground
equipment.
. Public Works-Iowa Street ADA Accessibility Requirements - replacing the wheelchair ramps along the sidewalk.
Staft is recommending to the City Council that the Public Works Iowa Street project gets funded fully $16:500 and the Weatherization project
gets the remaining $33,560.00 which would assist approximately eleven households.
The Commissioners discussed the different proposals.
Hauck opened up the public Hearing: No one came forth to speak. The Public Hearing was closed.
Hardesty/ Benjamin m/s to recommend to the Council that the whole amount $50,060 of the CDBG Recovery Act funds be targeted
to the conservation program for weatherization in pursuit of the healthy housing objective.
Roll Call: Voisin, Hardesty, Benjamin and Graham voted yes, Hauck voted No. Motion Passed
CONSOLIDATED PLAN DEVELOPMENT
Reid gave an overview of the Consolidated Plan components. The Consolidated Plan has to be done every five years in order to receive
CDBG funds. The program has three main goals; decent housing, sustainable living environment and expanded economic opportunities.
The purpose of the Consolidated Pian is to evaluate your community needs and t~en prioritize your CDBG funding to meet those needs.
The Commission will form a sub-committee to create the new Consolidated Plan. The duties and responsibilities of those sub-committee
members will be to gather information from interviews and surveys, organize data, analyze data, discuss all information gained from
research/interviews/surveys and generate priority needs based on conciusions drawn from collected data. It was suggested to partner with
the college.
Hauck volunteered to be on the sub-committee and it was suggested that Ayars wanted to participate though she was not present. The
Commission will discuss who wants to be on the committee at next months meeting when those that are absent this evening might be
present.
HOMELESS LIAISON REPORT
Tabled until the July meeting
JUNE 25TH 2009 MEETING AGENDA ITEMS
Fair Housing Council
Quorum check- Graham and Voisin will be out of town.
Hardesty announced that she is moving to Portland the beginning of August. The next meeting will be her last. The
. Commissioners acknowledged she will be greatly missed.
UPCOMING EVENTS AND MEETINGS
June 2"' 2009 7 pm City Council Meeting - CDBG Recovery Act Grant A ward
July 21" 2009 7 pm City Council Meeting - HC Ordinance I" Reading
Aug 4" 2009 7 pm City Council Meeting - HC Ordinance 2"' Reading.
June 10" 3:00 pm site visit to the Clay Street property
Next Housing Commission Regular Meeting - 4:30-6:30 PM; Thursday June 25"', 2009 Community Development Building
ADJOURNMENT - The meeting was adjourned at 5:58 p.rn.
Respectfully submitted by,
Carolyn Schwendener, Account Clerk
)
ASHLAND HOUSING COMMISSION
MINUTES
May 28, 2009
3
CITY OF
ASHLAND
,
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing and Decision on the 2010-2014 Consolidated Plan for use of
Community Development Block Grant Funds
April 20, 2010 Primary Staff Contact: Linda Reid
Planning E-Mail: reidl@ashland.oLus
None Secondary Contact: Bill Molnar
Martha Benne Estimated Time: 20 Min
Question:
Should the Council adopt the Draft 2010-2014 Consolidated Plan for the use of the City's allocation of
Community Development Block Grant Funds?
Recommendations:
The Housing Commission recommends the Council to approve the 2010-2014 CDBG Consolidated
Plan.
Staff recommends the adoption of the plan as submitted.
Background:
The City of Ashland receives approximately $207,000 a year in CDBG funds from the U.S.
Department of Housing and Urban Development (HUD) for projects benefiting low- and moderate-
income residents. As a condition of receiving these federal funds, HUD requires the City to maintain a
five-year "Consolidated Plan" which assesses and prioritizes the City goals for use of CDBG funds.
The CDBG Consolidated Plan also contains "spending priorities" which determine the types of
. projects for which the funds may be used. These spending priorities must be consistent with the
national objectives of the CDBG program. The City is required to update the Consolidated Plan every
five years in order to continue receiving CDBG funds and to modify the plan according to changing
conditions if needed. The City's first Consolidated Plan covered 1995-1999, and was adopted in June
1995. The current plan, the 2005-2009 Consolidated Plan, was drafted in 2005, and expires on June
30,2010.
Ashland began receiving an annual allocation ofCDBG funds in 1994. Some of the projects funded by
CDBG dollars over the past 16 years include; the remodel of the new Community Health Center, the
acquisition of land to develop housing through the Ashland CommUllity Land Trust and the Rogue
Valley Community Development Corporation, the purchase of a site for the Interfaith Care Community
of Ashland to operate a homeless resource center, emergency repairs to homes owned by low-income
families through the Housing Authority of Jackson County, ADA improvements to City Buildings and
street and sidewalk improvements in support of a 60 unit low-income housing development.
To inform the development of the 2010-2014 Consolidated Plan the City and the Housing
Commission conducted a survey (mailed and online), conducted one-on-one interviews with housing
and social service providers, and held a public forum to elicit information about the housing and
community development needs in the City of Ashland. Following advertisement in the City Source
newsletter, the City held a community meeting on December 17th 2009 with representatives from non-
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CITY OF
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profit agencies, the Housing Commission, and the general public to discuss community needs and the
results of the community needs survey. The general consensus at this meeting was that the goals
identified in the 2005-2009 Consolidated Plan were still relevant. The "spending priorities" listed on
pages 07-12 of the currently proposed plan are consistent with the goals included in the 2005-2009
plan.
The Federal regulations prescribe the data that must be included in the plan, the time line for the plan
update, and the community involvement process. The Federal plan requirements stipulate that the
most recently completed Census (2000) be used as a basis for the plan's demographic information. As
this information is dated to some degree the City has also supplemented this data with information
made available from the 2006-2008 American Community Survey. As a result of these efforts there is
valuable data in the plan, that provides current information to support ongoing housing and social
service objectives.
As part of the update process, two public hearings are required. One hearing must be held during the
development of the plan, and one hearing held after a draft is completed. The first hearing was held on
December 17th 2009 by the Housing Commission and an additional meeting on the development of the
Plan was held on March 25th before the Housing Commission. As the decision making body, the
completed Draft 2010-2014 Consolidated Plan is presented to the City Council for adoption. The final
approved plan shall be submitted to HUD by May 17th for their review and approval.
Related City Policies:
2005-2009 CDBG Consolidated Plan
Council Options:
Upon review of the 2010-2014 CDBG Consolidated Plan, and testimony provided during the public
hearing, the Council shall determine whether the proposed strategies within the plan will continue to
effectively address the needs of Ashland's low-income and special needs populations. The Council
may incorporate changes to the Consolidated Plan if necessary to ensure the target populations are best
served by the use of the Community Development Block Grant funds.
,
Potential Motions:
Move to approve the 2010-2014 Consolidated Plan for use of Community Development Block Grant
Funds, with any specific modifications as directed by Council.
Attachments:
2010-2014 CDBG Consolidated Plan can be found: www.ashland.oLus/CDBGconsolidatedolan
Housing Commission Minutes December 17, 2009
Page 2 of2
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CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
December 17, 2009
CALL TO ORDER
Vice Chair Graham Lewis called the meeting to order at 4:30 p.m. at Pioneer Hall located at 73 Winburn
Way, Ashland, OR 97520.
Commissioners Present: SOU Liaison: None
Richard Billin
Graham Lewis Council Liaison: Carol Voisin
Nick Frost
Aaron Benjamin Staff Present::
Regina Ayars Linda Reid, Housing Specialist
Carolyn Schwendener, Account
Clerk
Commissioners Absent: Brandon Goldman, Long Range
Planner
Steve Hauck
APPROVAL OF MINUTES
The Minutes from the September 24, 2009 regular meeting and the October 22, 2009 Expiring Use and
Affordable Housing tour minutes were approved.as presented.
Graham welcomed the community members, staff and Commissioners. Each person introduced
themselves.
PUBLIC HEARING/FOCUS GROUP MEETING 2010-2015 CONSOLIDATED PLAN
Reid gave a power point presentation explaining the purpose of updating the Five Year Consolidated
Plan. The Consolidated Plan is a document required to be prepared by jurisdictions that receive
Community Development Block Grant Funds (CDBG) or other formula grant program funding from
HUD. It offers local jurisdictions the opportunity to shape the various housing and community
development programs. It also creates the opportunity for strategic planning and citizen participation and
to reduce duplication of effort at the local level. The three basic goals of the CDBG program are:
1. Decent Housing
2. Suitable Living environment
3. Expand Economic opportunities
Reid explained that this evening is the first of three public hearings that the City will be having. The
second meeting will take place in February of this year with the purpose of taking comments on the draft
plan. The third public hearing will be before the City Council when the plan is adopted. That meeting is
tentatively scheduled for April 20, 2010.
Reid posted on the City of Ashland's webpage a 'Consolidated Plan survey. Thirty-eight people took the
survey. Attached to these minutes are the results of that survey.
ASHLAND HOUSING COMMISSION
MINUTes
December 17, 2009
The meeting participants broke out into three smaller round table style discussion groups. Each table was
given the same question and had 15 minutes to discuss the questions. Participants were then asked to
move to a different table.
The questions were as follows:
1. What do you perceive as the greatest unmet needs for housing and human services among
the City's low income residents?
2. Are there particular groups or populations that have a greater need for housing or services
than others?
3. In your opinion what are the top three priority areas the City should address, what if any,
are the barriers to making an impact in those areas and what would you tackle first?
The entire results of the discussion are attached to these minutes. The three broad priorities that came out
of the discussion;
AFFORDABLE HOUSING
Preservation of existing affordable
The development of new affordable housing units
EMERGENCY SHELTER
Veterans
Peoples with disabilities
Homeless Populations
Transitional housing
SUPPORTIVE SERVICES
Life Skills Training
For populations as risk ofhomelessness
Transportation
Tenant assistance
Physical and Mental Case Management
JANUARY 28, 2010 MEETING AGENDA ITEMS
RFQ for Clay Street property
Appoint new Land Use sub-committee members
Goal review
UPCOMING EVENTS AND MEETINGS
February 2, 2010- 7 p.m. City Council Meeting-HC Ordinance I st Reading, Boards and
Commissions update Ordinance.
February 16, 2010 - 7 p.m. City Council Meeting-HC Ordinance 2nd Reading, Boards and
Commissions update Ordinance.
February 26'2010 - 7 p.m. CDBG Applications Due.
ASHLAND HOUSING COMMISSION
MINUTES
De~ember 17, 2009
2
Next Housing Commission Regular Meeting
4:30-6:30 p.m.; Thursday February 25,2010 Community De,,:elopment Building
ADJOURNMENT
Respectfully submitted by, Carolyn Schwendener
ASHLAND HOUSING COMMISSION
MINUTES
December 17, 2009
3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing on the 2010 Community Development Block Grant Award and
CDBG Action Plan Development
April 20, 2010 Primary Staff Contact:
Planning E-Mail:
None Secondary Contact:
Martha Benn Estimated Time:
Linda Reid
reidl@ashland.or.us
Bill Molnar
30 Minutes
Question:
Will the City Council award $168,484 in Community Development Block Grant funds as
recommended by the Housing Commission and Staff?
Recommendations:
The City of Ashland Housing Commission reviewed the grant requests at a public hearing held on
March 25th, 2009. The Housing Commission recommends that the City Council fund the St. Vincent
de Paul-Home Visitation Program at $30,000 for emergency rental and utility assistance and Ashland
Supportive Housing Respite Home Rehabilitation at $110,861 for the rehabilitation of a home to be .
used as a respite center.
Staff concurs with the Housing Commission's recommendation. Further, Staff recommends that the
balance oLivailable CDBG funds, in the amount of $27,623, be directed to the Ashland Affordable
Housing Weatherization and Energy Efficiency project.
Background:
The City of Ashland provides Community Development Block Grants (CDBG) to eligible affordable
housing providers and non-profit organizations for capital improvement with and public service
projects within the City of Ashland. Awarded projects must address the CDBG national objectives, and
be consistent with the City of Ashland 2005-2009 Consolidated Plan for Use of CDBG Funds. The
City received two proposals for $140,861. Upon review of the proposals, and after taking any public
testimony at a public hearing, the Council shall make an award to the selected applicant(s).
The total City of Ashland allocation ofCDBG funds for the 2010 program year is expected to be
$207,781. 20% of these funds go to administration of the CDBG program ($41,556). A maximum of
15%, approximately $30,000, is available for Public Service projects. An unallocated balance of
$2,370 in carryover funds is also available to be added to the Capital Improvement project funds. In
total there is approximately $168,484 currently available for award.
The City of Ashland has received two applications for the 2010 Community Development Block Grant
funds:
. St. Vincent de Paul - $30,000 for emergency rental and utility assistance
. Ashland Supportive Housing - $110,861 for land acquisition
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CITY Of
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The attached Staff Evaluations, dated March 25, 20 I 0, contains a complete background of funding
availability, the award process, Staffs assessment of each proposal, and the relevant CDBG program
criteria relating to the award of CDBG funds and each of the applications received.
The above grant requests total $141,181 of the $168,484 available. In the event each application
received is fully awarded there remains $27,623 available to be disbursed to an eligible activity
benefiting low-income individuals. One potential eligible activity that is ready to proceed which could
be funded at this time is the Ashland Affordable Housing Weatherization and Energy Efficiency
project. This project was awarded Community Development Block Grant- Recovery Act (CDBG-R)
funding by the City Council in June of 2009 and is presently active in providing energy efficiency
upgrades to low income occupied dwellings. The project to date has been very successful and has
generated more interest than staff had initially expected. It is anticipated that the City's allocation of
CDBG-R funds may not be enough to address the needs of those applicants currently in process.
Currently there are 17 dwellings that have applied for energy efficiency improvements with a
maximum possible grant amount of $3,000 per dwelling. The City presently only has enough dedicated
funding to complete 11 dwellings. Depending on the outcome of a separate Council action to
reallocate previously awarded CDBG-R funds, the total number of dwelling that could receive grants
increases to 18. Staff would like the Council to consider the option of uti Ii zing the unrequested CDBG
funds to address the unmet need and provided needed energy efficiency improvements to an additional
5-6 homes. If the council chooses to award these funds and they are not expended within the program
year, the Council can elect to re-advertise their availability during the 2011-2012 CDBG RFP process.
Related City Policies:
2005-2009 Consolidated Plan: Community Development Block Grants are federal funds awarded
through the City of Ashland to eligible projects that benefit low-moderate income households.
Ashland's 2005-2009 Consolidated Plan for use ofCDBG funds establishes which of the nationally
recognized eligible uses are prioritized locally. Staff evaluations are based on meeting the national
objectives for the CDBG program, the basic federal requirements for eligibility, locally recognized
priorities as established in the Consolidated Plan, and include evaluation criteria that was noted in the
Request for Proposals to provide applicants with the selection criteria used in assessing the proposals
, .
strengths and weaknesses.
Annual CDBG Action Plan: The City Council shall accept both general and specific public testimony
regarding the development of the 2010 CDBG Action Plan at this public hearing. Upon completion of
award selections by the City Council, an Annual CDBG Action Plan will be drafted to outline the
proposed uses(s) of the 2010 CDBG funds. A public hearing for review and approval of this 2010
Annual CDBG Action Plan will be held before the Housing Commission on May 27th, 2010, to insure
consistency with the awards designated by the City Council.
Council Options:
Upon review of the proposals received, and after hearing public comments, the Council shall determine
whether the projects effectively address the goals outlined in the Consolidated Plan (see goals under
assessment criteria in the attached staff evaluation).
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The Council can select to award funds as requested or modify the award amounts. However, the
application of CDBG funds to Public Service projects applications is strictly limited to no more than
$30,000 (15% of the City'S 2010 annual allocation).
The Council can award funds to one or more applicants, and direct Staff to develop an Annual CDBG
Action Plan according to that selection.
Potential Motions:
Move to approve the award of$30,000 to the St. Vincent de Paul Home Visitation Program for
emergency rental and utility assistance, $110,861 to Ashland Supportive Housing for rehabilitation of
an existing dwelling to be used as a respite home for peoples with disabilities, and $27,623 to the
Ashland Affordable Housing Weatherization and Energy Efficiency project.
Attachments:
Staff Evaluation dated March 25, 2010
CDBG Project Proposal Rating Criteria
CDBG Applications Received
. St. Vincent De Paul
. Ashland Supportive Housing
Page3 on
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CITY Of
ASHLAND
Staff Evaluation
TO:
Title:
Date:
Submitted By:
Ashland Housing Commission and City Council
Community Development Block Grant (CDBG) 2010 RFP
March 25, 2010
Linda Reid, Housing Program Specialist
The City of Ashland has received two applications for 2010 Community Development Block Grant
funds that are competitively available. The total City of Ashland allocation ofCDBG funds for the 2010
program year is expected to be approximately $207,000. The funds that have been offered
competitively are estimated from the previous year's allocation and have had the administrative portion
of20% removed (or approximately $41,000 for administration of the CDBG program). Ofthe available
2010 funds a set aside of 15% or approximately $30,000 is available for Public Service projects. An
unallocated balance of$2,370 in carryover funds may be added to the Capital Improvement project
funds. In total there is approximately $166,000 available for award.
The City of Ashland Housing Commission held a public hearing on March 25th to review the grant
request and make a recommendation to forward to the City Council.
Due to a lack of applicants for Capital Improvement funds, the City re-released an RFP for those funds.
Although the applications were not due until Monday March 29th. after the public hearing before the
Housing Commission, potential applicants have been encouraged to come before the Housing
Commission at that meeting to provide a summary of proposed projects, which allowed the Housing
Commissioners the opportunity to make a recommendation.
,
Staffs recommendation regarding the allocation of the 2009 CDBG funds is provided on the following
pages.
Proposals Received
Organizatiou Proposed Project CDBG Goal Consolidated
Funds Plan Goal # and
Requested Rank*
St. Vincent De Assist 620 Households with $30,000 Provide 620 low Goals 4.1
Paul emergency funding to income households Need Rank A
prevent homelessness with emergency Goals 4.2
servIces Need Rank B
Goals 4.3
Need Rank B
Goals 6.1
Need Rank B
Ashland Rehabilitation of an existing $110,861 Serve approximately Goal 6.1 and 6.2
Supportive home to be used a respite 416 special needs Need Rank B
Housing home for peoples with individuals annually
developmental disabilities
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Funding Requested/Available
A total of$166,000 in CDBG funds is expected to be available to distribute to eligible recipients for
projects meeting the CDBG national objectives, and which are consistent with the City of Ashland 2005-
2009 Consolidated Plan. The maximum allocation allowable to be used to support public services is
limited to approximately $30,000.
These funds will be available upon approval of the 2010 Action Plan, and upon the completion of any
regulatory requirements including but not limited to environmental review clearance.
Upon completion of the Action Plan a public hearing for review and approval will be held before the
Housing Commission to insure consistency with the awards designated by the City Council. The US
department of Housing and Urban Development (HUD) must review the annual Action Plan submitted
by the City to ensure the activities funded are consistent with federal requirements, and with the local
Consolidated Plan.
Assessment Criterion
Staff has assessed the proposal to determine whether it meets the Federal CDBG regulations and
addresses the priorities within the City of Ashland 2005-2009 Consolidated Plan.
Three areas are evaluated for each proposal regarding compliance with federal regulations.
. Projects must meet the National Objective of the Community Development Block Grant
Program.
. All CDBG funded projects must be an "eligible" uses under the Community Development Block
Grant Program.
. If a project meets all federal requirements and is selected for award, then federal regulations
must be met throughout the course of the project.
Some examples of federal regulations which pertain to Community Development Block Grant funded
projects are; All projects funded in whole or in part, with CDBG dollars require an environmental
review in accordance with the National Environmental Policy Act (NEPA). Construction projects must
use federal Davis-Bacon wage rates. Housing involving structures built prior to 1978 must be tested for
the presence of Lead Based Paint and if found steps to mitigate Lead Based Paint must be taken. Any
project involving the displacement of residents or businesses as a result of the federally funded project
are entitled to assistance under the Uniform Relocation Act. Most importantly the beneficiaries from the
application ofCDBG funds must qualify as eligible populations under the Federal requirements. Areas
of concern are described for each proposal received. The Housing Commission and the City Council can
only award CDBG funds to projects that can meet all federal requirements and meets an objective as
outlined in the City's 2005-2009 Consolidated Plan.
Priorities within the City of Ashland's 2005-2009 Consolidated Plan are given a priority ranking by
letter. The rankings of A, Band C are intended to assist in directing CDBG funds to the greatest needs.
In cases where there are competing projects for limited funds, the projects(s) that are ranked the highest
will be funded.
Page 2 0[6
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A- The City of Ashland plans to use the CDBG funds for projects that meet these needs.
B- The City of Ash/and may use CDBG for projects that meet these needs.
C- The City of Ashland does not plan to use CDBG funds for projects meeting these needs but will
consider certifications of consistency for other entities which are applyingfor federal assistance to meet
these needs. Additionally such needs may also be addressed by the City through the allocation of
Economic Development and or Social Service Grants from the City General Fund.
Proposal Evaluation
St. Vincent De Paul-Home Visitation Program
Staff has reviewed the St. Vincent de Paul program proposal to determine whether it meets the Federal
CDBG regulations, and if the proposal addresses the priorities within the City of Ashland 2005-2009
Consolidated plan. St. Vincent's has requested $30,000 to assist them in defraying the cost ofrent and
utility relief for people facing eviction and shut offs thereby preventing homelessness.
. This project proposal qualifies under the Low-Moderate Income (LMI) benefit national
objective.
. Generally Income payments (payments to an individual or family, which are used to provide
basic services such as food, shelter (including payment for rent, mortgage, and/or utilities) or
clothing) are ineligible public service activities when such payments are provided has a grant.
However, such expenditures are eligible if; the income payments do not exceed three consecutive
months; and the payments are made directly to the provider of services on behalf of an individual
or family. This project meets those criteria.
. Staff finds that St. Vincent's proposal is consistent with goals number 4.1, 4.2,4.3 and 6.1 of the
City of Ashland's 2005-2009 Consolidated Plan.
Goal 4: Support services for homelessness prevention and transition. Where
possible, give funding priority to services that are part of a comprehensive approach
that improves the living conditions of clients. Safety net services that meet basic
needs shall only be funded with CDBG dollars if it can be demonstrated that clients
receiving tbose benefits are part of a program that will eventually help them obtain
self-sufficiency.
. 4.1 Provide assistance to non-profit organizations that assist the homeless ant
those at risk of homelessness, provide transition assistance to the homeless,
and help prevent homelessness (A)
. 4.2 Strengthen the capacity of the Jackson County Continuum of Care to
plan activities reducing homelessness in the community. (B)
,
. 4.3 Support activities that expand service-enriching housing for the homeless
and other special needs populations, including increased shelter, transitional
and permanent supportive housing resources. (B)
Goal 6: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
Page 3 0[6
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developmental disabilities, persons with physical disabilities, persons with severe
mental illness, parsons with alcohol or other drug dependencies and persons
with HIV / AID or related illnesses.
. 6.2 Provide assistance to non-profit organizations that provide support
services to extremely low- and low-income special needs populations. (B)
In evaluating the proposal it is evident that the classification of "A" as a priority indicates that this is the
highest priority use for the CDBG funds.
A-The City of Ash/and plans to use CDBGfundsfor projects that meet these needs.
Staff sees that St. Vincent's proposal is an eligible use of the CDBG funds and is consistent with the
City of Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity assists in the
prevention ofhomelessness for low-income and special needs households. Further this project meets
and exceeds the 10% leverage requirement of the City of Ashland's CDBG program providing an equal
amount of funds to the project.
Ashland Supportive Housing (AS H)-Respite Home Rehabilitation
Staff has reviewed the Ashland Supportive Housing Respite Home Rehabilitation proposal to determine
whether it meets the Federal CDBG regulations, and if the proposal addresses the priorities within the
City of Ashland 2005-2009 Consolidated plan. ASH has requested $110,861 to assist them in .
completing rehabilitation of an existing single family unit to be used as a respite center for peoples with
developmental disabilities.
. This project proposal qualifies under the Low-Moderate Income (LMI) benefit national
objective.
. Generally Income payments (payments to an individual or family, which are used to provide
basic services such as food, shelter (including payment for rent, mortgage, and/or utilities) or
clothing) are ineligible public service activities when such payments are provided has a grant.
However, such expenditures are eligible if; the income payments do not exceed three consecutive
months; and the payments are made directly to the provider of services on behalf of an individual
or family. This project meets those criteria.
. Staff finds that St. Vincent's proposal is consistent with goals number 4.1, 4.2, 4.3 and 6.1 of the
City of Ashland's 2005-2009 Consolidated Plan.
Goal 6: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
developmental disabilities, persons with physical disabilities, persons with severe
mental illness, parsons with alcohol or other drug dependencies and persons
with HIV/AID or related illnesses.
. 6.1 Encourage development oftransitional and supportive housing for
extremely low- and low-income special needs populations (B).
. 6.2 Provide assistance to non-profit organizations that provide support
services to extremely low and low-income special needs populations. (B)
Page 4 0[6
....
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In evaluating the proposal it is evident that the classification of "B" as a priority indicates that this is an
activity that the City may use CDBG funds to support.
B- The City of Ash/and may use CDBG for projects that meet these needs.
Staff sees that ASH's proposal is an eligible use of the CDBG funds and is consistent with the City of
Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity assists people with special
needs, a population that is "presumed low income benefit" according HUD guidelines, and will provide
a service which is unduplicated in the community or in Southern Oregon, and for which there is a
documented need. Respite Care for peoples with developmental disabilities and their families and
caregivers. Further this project meets and exceeds the 10% leverage requirement of the City of
Ashland's CDBG program.
STAFF RECOMMENDATIONS
Staff recommends that the Ashland Supportive Housing - Respite Center Rehabilitation proposal be
fully funded. Staffs recommendation would be to fund the proposal since it meets a goal as outlined in
the Five year Consolidated plan and offers a valuable, needed, and unduplicated service to the
community while utilizing existing resources. Staff is supportive of funding Ashland Supportive
Housing's proposal with the full requested grant amount.
Potential Housing Commission Motion: To recommend funding the Ashland Supportive Housing-
Respite Home rehabilitation proposal $110,861 to complete repairs to an existing home to be used as a
respite center for peoples with disabilities.
CDBG Proiect Proposal Rating Criteria
The final step in the process of evaluating the proposals typically is for the Housing Commission to
apply the following compliance criteria to determine which project(s) best meet the City's spending
priorities. Projects are given a rating of High, Medium, or Low on each of the criteria listed below. The
categories proposed provide a valuable way for individual Commissioners to gauge the effectiveness of
the proposal in meeting City objectives.
A. The Project provides benefit to a demographic group that has a need documented in the City of
Ashland CDBG Consolidated Plan
B. The project assists low and moderate-income households in substantially improving their living
conditions. The proposed project must have or be part of a comprehensive approach that takes clients
from the beginning to the end of the process that improves their living conditions. "Safety net"
services or services that meet basic needs shall only be funded if it can be demonstrated that clients
receiving those benefits are part of a program that will eventually help them obtain self sufficiency.
Exceptions to this requirement are projects targeted at helping people with special needs.
C. The project is a proven effective strategy to improve conditions or solve an identified problem.
D. If the project is related to affordable housing, the project retains the units as affordable. The longer
the period of time the units remain affordable, the higher ranking the project shall be given
E. If the project is related to economic development for jobs for low and moderate-income people, at
least 51 % of the jobs shall be held by low and moderate income people. The longer period of time
the jobs are held by low and moderate-income persons, the higher the ranking the project shall be .
Page 5 0[6
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given. The larger percentage of jobs held by low and moderate-income persons the higher the
ranking the project shall be given.
F. The project maximizes partnerships in the community
G. The project has at least 10% of the total project in matching funds. The larger the amount of
matching funds the higher the ranking the project shall be given
H. The project utilizes already existing resources in effective and innovative ways. The project shall
not duplicate service provided by another organization
1. The agency submitting the proposal has the capacity to carry out the project
J. The budget and time line are well thought out and realistic
K. The proposal demonstrates CDBG funds are the most appropriate funding source for the project
L. The project is ready for implementation within a year of a CDBG award notification
M. The organization proposing the project has the experience and capacity to undertake the proposed
activity.
Letter St. Vincent De Paul ASH
A. High Medium
B. High High
C. Medium Medium
D. N/A High
E. N/A N/A
F. High High
G. High High
H. High High
1. High High
J. High High
K. High Medium
L. High High
M. High High
I O-High,l-Med,O-Low 9-High, 3-Medium, O-Low
Page 6 0[6
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CDBG ProiectProposal Rating Criteria
The final step in the process of evaluating the proposals typically is for the Housing Commission to
apply the following compliance criteria to determine which project(s) best meet the City's spending
priorities. Projects are given a rating of High, Medium, or Low on each of the criteria listed below. The
categories proposed provide a valuable way for individual Commissioners to gauge the effectiveness of
the proposal in meeting City objectives.
A. The Project provides benefit to a demographic group that has a need documented in the City of
Ashland CDBG Consolidated Plan
B. The project assists low and moderate-income households in substantially improving their living
conditions. The proposed project must have or be part of a comprehensive approach that takes clients
from the beginning to the end of the process that improves their living conditions. "Safety net"
services or services that meet basic needs shall only be funded if it can be demonstrated that clients
receiving those benefits are part of a program that will eventually help them obtain self sufficiency.
Exceptions to this requirement are projects targeted at helping people with special needs.
C. The project is a proven effective strategy to improve conditions or solve an identified problem.
D. If the project is related to affordable housing, the project retains the units as affordable. The longer
the period of time the units remain affordable, the higher ranking the project shall be given
E. If the project is related to economic development for jobs for low and moderate-income people, at
least 51 % of the jobs shall be held by low and moderate income people. The longer period of time /
the jobs are held by low and moderate-income persons, the higher the ranking the project shall be
given. The larger percentage of jobs held by low and moderate-income persons the higher the
ranking the project shall be given.
F. The project maximizes partnerships in the community
G. The project has at least 10% of the total project in matching funds. The larger the amount of
matching funds the higher the ranking the project shall be given
H. The project utilizes already existing resources in effective and innovative ways. The project shall
not duplicate service provided by another organization
1. The agency submitting the proposal has the capacity to carry out the project
J. The budget and time line are well thought out and realistic
K. The proposal demonstrates CDBG funds are the most appropriate funding source for the project'
L. The project is ready for implementation within a year of a CDBG award notification
M. The organization proposing the project has the experience and capacity to undertake the proposed
activity.
....
..."
Potential questions: Staffs evaluation of the proposals is primarily based on the information provided in
the applications. In drafting this evaluation, staff thought of a number of questions which might provide
clarity in addressing some of the proposal rating criteria points, or which may serve to cast the
application in a more favorable light.
All Applicants:
Could you describe how your project maximizes partnerships in the community?
Could you expound upon how your project utilizes already existing resources in effective and innovative
ways, and describe how the service that you offer is unique to this area?
....
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Ahland Supportive Housing
and Community Outreach
Community Development Block Grant
Application
March 20 I 0
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CITY OF ASHLAND
2010 Program Year Community Development Block Grant (CDBG)
Application
These completed Sheets shall be included as the first pages on all submittals.
I. APPLICANT INFORMATION
Applicant Organization Name:
Ashland Supportive Housing and Community Outreach
Executive Director's Name(s): Sue Crader
Board Member Names (attach separate sheet)
Applicant Mailing Address:
P.O. Box 3536
Ashland, OR 97520
Applicant Street Address:
693B Washington St
P.O. Box 3536
Ashland, OR 97520
IRS Classification: 501 (c)(3)
Federal Tax 10#: 93-0805586
Mission Statement: (may be attached)
The ASH Board and Staff support persons with disabilities to live a rich,
fulfilling, and productive life with dignity and respect.
Total Employees: 36
Total Volunteers: 40
.
,
II. CONTACT PERSON (designate a contact person who is familiar with the project)
Name: Sue Crader
Title: Executive Director
Phone Number: (541) 488-2870
Fax Number: (541) 488-2682
E-mail Address: ashinc@ashlandoregon.org
III. PROJECT INFORMATION SUMMARY
Project Name or Title:
ASH Respite Home
Expected Completion Date: Spring 2011
Requested CDBG Funds:
$110,861
$ 30,194
$ 2,700
$143,755
Organizational Match:
Funds from Other Sources:
Total Project Cost:
.
,
Proiect Summary - Ashland Supportive Housinq
Ashland Supportive Housing (ASH) owns a home located at 1610 Clark Street in Ashland.
Formerly, this home was used as a group home for ten of our developmentally disabled residents.
After moving to two smaller, five bedroom homes it was placed on the market for sale in 2006,
and rented on a lease/option plan in 2008; the tenants lived in part and used a separate part as a
kindergarten. This project focuses on the residential home on the property; the other building on
the property is not a part of the project under consideration and is not in need of any renovation.
Due to their business failure and numerous discovered issues with the property it was returned to
us in January, 2010. After having been advised that the property would not sell in this market,
especially without a large amount of renovation, we plan to use this property to remedy a huge
unmet need for services in the Rogue Valley for out of home, temporary respite care for adults
with Special Needs. The people we serve will be those who have permanent care already in
place. There is a documented need for people in this demographic group to have a destination in
case their caregiver(s) are unable to care for them in the event of illness, or if the individuals or
their caregivers need a break from each other. With the dramatic increase in the rate of autism in
Oregon to 1 in 89 births, the need for this type of service is expected to continue to grow. In
addition to the services provided, this project will create 9 living wage jobs in Ashland.
When the tenant vacated, we found several areas that need repairs or upgrades in order to meet
our needs as a home for disabled adults. We need assistance in mounting the necessary
improvements for this house to be accessible to any adult with disabilities. Areas that need
renovation include: kitchen; bathrooms; laundry room; flooring; and concrete deck and walkways.
We also need to add another bedroom to be able to house enough clients to meet our income
needs.
In response to the RFP issued by the City of Ashland for Community Development Block Grant
funds, ASH is prepared to move forward with this application; we have the building vacant and
ready for construction. Bids have already gone out for this work and some additional work on
electrical service, sewers and landscaping. We have experience from three other projects when
we purchased ordinary homes and retrofitted them for special needs adults. Additionally, we
have served our residents in every aspect of personal care very successfully for almost 30 years.
We have the support of Jackson County Developmental Disabilities Services, and Creative
Supports, a community services broker located in Medford.
Through diligent management of our funding, we have saved cash sufficient to create matching
funds for development of the property. Project objectives include:
1. Provide quality housing and support services tailored to the individual needs and preferences
of up to four special needs adults at a time that may be in need of temporary housing. These
services will be provided at a rate that is determined by the State of Oregon according to state
funding levels for individuals with developmental disabilities.
2. Retrofit the property for accessibility for any disability.
3. Remodel the home to create four bedrooms and two bathrooms which will be accessible by
wheelchair.
4. Provide an outdoor living space that is clean, comfortable and free from accessibility barriers.
The house is curtently at ground level as accessed from the front and rear. Minor work will be
necessary to make doorways handicap accessible.
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Ahland Supportive Housing <
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693B W"h;ngton S"",' P.O. Box 3536, A,hland. OR97520 Td, 541.488.2870' Fax, 541.488-2682
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Application Contents
A complete proposal shall include a brief narrative summary on applicant
letterhead, full project cost, all federal, state and local subsidies requested for the
project, proposed ownership entity, phone number and mailing address of contact
person for the designated non-profit or certified Community Housing Development
Organization.
Provide the information listed below numbered and in the order
listed so that we can find the required information easily and
award full credit for your responses.
1) Complete Application Form (see page 16).
See attachment.
2) A project summary including a brief description, project
background and a list of project objectives
See attached project summary.
3) Property and Project Information relating to acquisition,
rehabilitation, site clearance, and development (section not
applicable for social service applications involving direct
services to qualified low- or extremely low- income persons)
Provide a map showing the project's location. If the project
will serve a specific area, proposed project boundaries should
be shown.
See attachment
Describe details regarding any property proposed for
acquisition, indicating the following:
a) Property location relative to jobs, schools, transportation,
shopping and services
N/A
b) Total floor area of buildings, and size of land site
N/A
c) Types of residential units, number of each type unit, and
total number of bedrooms
N/A
d) Number of extremely-low, low-, and moderate-income
units proposed
N/A
e) Number of units accessible to the disabled
N/A
f) Square footage of units and description of amenities such
as private balconies or storage areas
.
,
N/A
g) Square footage of common areas such as community or
laundry rooms
N/A
h) Square footage of commercial space, if any
N/A
i) Year property was built. If pre-1978, will it be occupied by
children under the age of six?
N/A
j) Describe condition of any existing housing proposed for
acquisition and any alterations planned. Briefly discuss
the total cost of the proposal relative to new construction.
N/A
k) If the project involves rehabilitation attach a description of
the work to be completed.
1. Replace electrical panel and run new electrical service
2. Remodel kitchen with new cabinets and appliances
3. Create a laundry room out of a former office and storage space
4. Move hot water heater that is outside the building to interior space
5. Update furnace and insulation
6. Wood laminate and vinyl flooring throughout for ease of access
7. Ramp all doorways for ease of access
8. Replace household drainage system
9. Test for lead painl and asbestos. Treat any that exist
10. Remodel bathrooms for handicap accessibilily
11. Replace two furnaces and weatherize
12. Create a curb cut on Walker Avenue for handicap accessibility
13. Replace concrete deck and walkways where cracked and broken
14. Create a cover for concrete deck area
15. Replace roof, gutters and downspouts
16. Move two interior walls to create four bedrooms from three.
I) Describe the target population. Include the suitability of
the property for the target population, the tenant selection
process, brief description of any residential services and
the resources identified to fund the services.
ASH intends to use this property to serve lhe special needs population of Jackson
County, with an estimated total population of over 800. Additionally, lhe service would also
be available to persons from outside Jackson County, as lhis type of facility is rare within
the US in general. The need we are addressing with this project is respite care for
persons with developmentai disabilities who are living with caregivers in the community.
Out of home respite care is not currently provided in Jackson or Josephine County and is
desperately needed. The ASH respite home will provide temporary housing, community
involvement, and personal care for special needs individuals at a rate set by the State of
Oregon. Funding for this service is provided to lhe individuals requesting service by the
State through Creative Supports or Jackson County Developmental Disability Services.
People will also be able to purchase the service with private pay at the same rate as
individuals funded through the state. Referrals for services will come from Jackson County
DD Services, Creative Supports, Lifespan Respite, and other community sources.
2
.
.
This property is felt to be suitable for the proposed use, given the necessary renovations,
as it was formerly used as a group home for developmentally disabled adults. The home
is single story on level grounds; fenced: has a fire suppression system and alarm system
in place; is conveniently located in relation to city services and next to a park; and has a
long and well established place in the neighborhood as a home for adults with disabilities.
m) Indicate how many years the property will remain
affordable and the mechanism that will be used to ensure
the affordability period.
Ashland Supportive Housing intends on maintaining this program in perpetuity, thus
ensuring the property will remain affordable. Our current program has been in existence
since 1982. Respite housing is desperately needed in the Rogue Valley which has an
estimate of 800 developmentally disabled adults living in the community. With the
dramatic increase in the rale of autism in Oregon to 1 in 89 births, and the overall increase
in developmental disabilities, the need for support services for this population will only
continue to grow. The project will be self-sustaining within 1 year wilh at least 60%
occupancy 7 days a week. We have a great deal of experience in weathering the kinds of
funding restrictions that come in a business which is government funded. We are still
open today, and eager to expand so that we can supply services for this population as
they face challenges in finding appropriate care.
4) Briefly describe the services to be provided, if any, and
describe the eligible target population receiving direct benefit
from these services (low-income, homeless, special needs).
The ASH respite home will provide temporary housing, community involvement, and
personal care to special needs individuals. These services include:
. Temporary housing (no longer than 60 day stay).
. Personal care includes: help with personal hygiene, meal preparation, laundry
services, administering medication, and other support services.
. Community involvement means that we will have options available for our guests who
want to participate in activities in the community; for example, community events,
going to. see a movie or play, shopping, and, other activities a guest may be interested
in. Support staff will be available to assist.
5) A work program and time line including a complete list of
tasks with estimated start and completion of each task
(please complete attached Form A - Project Schedule).
1. Conceptual Project Design
2. Board of Directors approval
3. Construction Bids
4. Sewer Repairs
5. CDBG Application
6. Testing for Asbestos and Lead Paint
7. Ashland City Council Meeting
8. Contract signed
9. Construction begins
10. Begin marketing the program
11. Construction completed
12. Hire and train program staff
13. Open Doors
February 2010
March 8, 2010
February - May 2010
March 15-19, 2010
March 26. 2010
April 15, 2010
April 20, 2010
July 1, 2010
July 1, 2010
November 1,2010
December 31.2010
January - March 2011
March 15. 2011
3
6) Financial Information
A budget describing total cost, cost per task, existing
(secured) project funds and unfunded costs. Identify any and
all source(s) of funding. This would include other Federal and
State grants and loans, monetary donations, in-kind
contributions, volunteer labor, donation of materials and
supplies, etc. In addition to addressing the questions below
please complete attached Form B - Uses of Funding & Form
C - Sources of Funding.
See attached project budget.
Provide a detailed financial description of the proposed
project, including Rent Schedule, Sources/Uses of Funding
and Operating Budget Income/Expense, and utility
allowances
See attached operating budget.
a) Describe the assumptions used to determine the total
project cost. Indicate the sources consulted and how costs
were determined.
Total project costs were determined by ttiorough inspection by licensed, local contractors
to determine necessity and scope of work needed, with three bids for service provided for
each section of the overall project. Bids have been obtained for all major sections of the
project; more may be needed depending on results of lead paint and asbestos testing. In
addilion, we have consulted an architect on drainage issues and design in relation to
replacement of the cracked, uneven patio.
b) Was consideration given to remaining economic life of the
property and potential cost increases such as
unanticipated repair or relocation costs? Maintenance
costs? Operating costs?
(Not applicable for social service applications involving direct
services to qualified low- or extremely tow- income persons)
The needs of this project were determined by the necessity to renovate the property in
order to extend its economic life and prevent unforeseen major repairs during the initial
startup phase. There will be no relocation costs. See attached budget for operating costs,
which includes maintenance and repair. Currently, maintenance costs are covered
through the ASH agency budget. Operating costs were determined by analyzing past
utility and maintenance costs on the property, and payroll, benefit and other operating
costs as currently incurred in the other, similar programs managed by ASH.
4
c) Describe the financial assumptions used to develop the
operating budget. Include projected rent increases, other
sources of income for operation and maintenance
expenses, and inflationary factors. For social service
award requests please include financial assumptions
relating to increases in wages, materials and overhead, or
other costs associated with the proposed activity.
The rate that can be charged for 24 hour respite care paid with State funds is set at a
range from $134 to $266 per night, dependant on agency expenses computed with a state
provided rate setting sheet The specific rate will be set once monthly expenses are fully
determined, but initial figures indicate rates will be at the high end of the scale. For the
purposes of creating an operations budget for planning, income was estimated by using
the median of the rate range with a projected occupancy of 4 beds filled 4 nights per week,
or 16 beds used out of 28 possible per week, while maintaining two full time staff persons
and one fulltime manager 24/7. ASH has set aside the initial startup costs to hire and train
staff and provide house wares, food, furnishings, and other needs items and expenses,
plus two months initial operating costs. In terms of inflationary factors, rates may be
adjusted to reflect cost of living increases.
d) Discuss non-typical expenses or those outside industry
standards.
None known at this time.
e) Attach letters of funding commitment from other sources,
if available.
See list of attachments.
f) Will a property tax exemption be requested for the
project? If so, what is the estimated dollar value of the tax
exemption over the twenty-year period? Please briefly
detail the calculation method used to estimate the value
and the process your organization would undertake to
obtain the exemptions or appraised value adjustment.
(Not applicable for social selVice applications involving direct
. selVices to qualified low- or extremely low- income persons)
ASH will seek tax exemption for the property utilized for this project The 2009 -2010 tax
was $2,820.29, which has been paid. The estimated dollar value over the twenly-year
period is $72,961.71. This was calculated with a 3% increase per year. ASH has filed for
and oblained property tax exemption for the three other homes it owns and operates in
Ashland, and will do the same for this property.
5
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7) Eligibility for Federal Funding
Will any of the following activities be part of the proposed
project?
. Property Acquisition - No
. New Construction (non-residential) - No
. Removal of Architectural Barriers - Yes
. Rehabilitation Costs - Yes
. Development Costs - Yes
. Client Services - Yes
. Specification Preparation(Construction/Rehab)- Yes
. Relocation Benefits (if required) - No
. Appraisal (for acquisitions) - No
Federal funding has certain regulatory requirements. The
following information is required to determine eligibility for
federal funding.
General Information
a) Is the proposed project within the Ashland City limits? If
not, explain.
Yes
b) Specify the proposed tenant or client income level; state
in terms of percentage below area median for the
Medford-Ashland standard metropolitan statistical area
(MSA). The current income guidelines are included on
page 10 above.
Because our target population is Special Needs individuals, 100% of
our client based is considered extremely low, low, and/or moderate
income.
c) Describe any financial or legal commitments made to the
project.
None
Housing Development, Land Acquisition, or
Rehabilitation Specific Information
d) Will permanent housing units be converted or
demolished? If so, how many?
No
e) Is the proposed housing site located in a 1 DO-year flood
plain?
No
6
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f) Has a Level 1 environmental assessment been done for
the site? If yes, attach the report.
No
g) Is the proposed housing site located adjacent to a major
arterial road or near a railroad?
No
h) Is the proposed site located adjacent to an aboveground
flammable storage tank?
No
i) Will the proposed project impact historic features? If yes,
explain.
No
8) Briefly describe the agency's mission and service history. The
City may request copies of the agency's financial audit or
review for the last two years prior to contract signing in order
to determine agency's capability to successfully complete the
project.
The ASH Board and Staff support persons with disabilities to live a rich, fulfilling, and
productive life with dignity and respect. ASH has been helping people with
developmental disabilities function in Ashland's community and assisting our clients to
engage in work and hobbies since 1982. We provide support at home and in the
community for our clients' individual needs while also encouraging independence. The
agency currently has 26 fulltime employees and 10 part time or temporary staff, and has
been able negotiate rates with the State of Oregon and manage income in order to provide
a living wage for all regular staff, which includes fully compensated medical and dental
benefils.
9) Will the project promote self-sufficiency for extremely low-,
low- moderate-income families, or individuals with special
needs?
As a provider of supportive services, ASH has aiways encouraged our clients to be
independent within their capabilities. The respite home will also encourage its guests to
be independent to their best of their ability, while also providing support where it is
needed. This home will promote a level of self-sufficiency by providing a low-cost
temporary housing and care support facility, to which, special needs individuals may come
without exhausting family and friend resources for care in the event that their primary
caregiver needs a vacation or medical leave.
7
.
10) Please identify how your project benefits extremely low-, low-
and moderate-income individuals or individuals with special
needs.
a) For proposed projects serving a low-income area (ie
public facility improvements, community center or
other neighborhood serving facility), provide the
following data, including documentation of the sources
of information for the following statistics:
. Number of extremely low-, low- and moderate-
income individuals served in the project area on an
annual basis.
N/A
. Total number of individuals served in project area on
an annual basis.
N/A
b) For proposed projects serving a target population (i.e.
homeless families, battered women, people with AIDS,
special needs populations, etc.) provide the following
data, including document sources of information for
statistics.
. Specify the target population to be served.
ASH's respite home will serve the Special Needs population in
Jackson County. Statistical data from 2007 for Jackson County
indicates a count of 786 adults, per DHS. Current estimate is over
800 adults with disabililies.
. Number of low and moderate-income individuals in
target population to be served on an annual basis.
(This count cannot include repeated visits or use by
the same individuals.)
Based on our projected bed use, we anticipate approximately 416
clients will be served by the respite house annually. all of whom
are special needs and classified as low and/or moderate income.
. Total number of individuals in target population to
be served on an annual basis.
416 individuals are projected to be served by ASH respite home
annually.
. Percent low and moderate income.
100% of our target population is considered extremely low, low,
and/or moderate income.
8
11) Briefly describe how your proposal will ensure that moderate-
income individuals do not benefit to the exclusion of
extremely-low or low-income individuals.
ASH's target populalion is the special needs population which is already considered
extremely-low and low-income; therefore, there is a very limited risk of excluding the
extremely-low and low-income individuals to the benefit of moderate-income individuals.
12) Indicate if you expect the project to cause low and moderate-
income housing to be demolished or converted to another
use (see attachment "Relocation Strategy Guidance"). If so,
explain.
N/A
13) Project Feasibility
Please describe your readiness to proceed concerning
whether land use issues have been resolved and whether
your organization has the administrative capacity to complete
the project proposed.
Describe the feasibility of the project:
a) Does the applicant have the experience and capacity to
complete and or manage the project proposed? Briefly
describe applicants capacity and experience in providing,
maintaining and managing housing, particularly low-
income housing similar to the proposed project.
Ashland Supportive Housing has been managing homes for developmentally disabled
adults since 1982. ASH has purchased, remodeled for accessibility, and moved our
clientele inlo lhree new group homes in the Quiet Village area of Ashland over the last five
years. This move in operations was undertaken due to our clients growing older and
developing greater needs for accessible housing in order to age in place. Our fifteen
residents are now housed in those three homes still under our care and supervision. We
consider ourselves well qualified to provide, maintain and manage homes for the
developmentally disabled.
b) Are the ongoing operating expense and maintenance
reserve estimates reasonable?
Yes. The budget we have submitted illustrates our plan for operational expenses for this
new home. ASH always keeps an operating reserve fund to cover normal expenses over
a two month period. In addition, A.S.H maintains a separate liquid maintenance reserve
account of roughly $50,000.
c) Does the applicant have a purchase option on the
property, letter of support from the property owner(s), or
some other assurance that the property is available for
acquisition?
N/A
9
d) Does the project require temporary or permanent
relocation and if so have comparable units been identified
and costs of relocation been accurately determined?
Provide a tenant relocation strategy, cost estimate and
existing tenant survey to address federal Uniform
Relocation Act requirements which may impact your
project.
N/A
e) Describe relocation strategy for the project.
N/A
f) Does the project require land use approvals such as Site
Review, Annexation, Zone Change, Minor Land Partition,
Demolition, or Conditional Use permits?
No
g) Has a pre-application been completed with the Ashland
Planning Department?
N/A
h) What is the condition of any improvements on the property
and what is the expected life of the property?
In 2006, ASH spent approximately $10,000 preparing the property for sale, but was not
able to fully renovate lhe property as needed for continued use as a group home for
persons with unknown needs for accessibility. The tenants who leased the property on a
lease/option took some steps to beautify the property and renovated the building on the
property which is not part of lhis project, but also began some renovations in lhe residence
that were not completed and caused some significant damage, as well as experiencing
new problems. Wilh lhe funding from the requested grant, we expect to complete many
necessary repairs. With these repairs and improvements complete, we expect the house
to last at least 50 more years.
i) Describe commitment of project funding from other
sources
United Way has agreed to build a shed and complete fencing on the property using
volunteer labor.
14) Indicate whether the project will have any negative impacts
on historic or architecturally significant properties on the
environment. All projects will be subjected to an
Environmental Review Report and certain projects depending
on scale, i.e. new construction, must undergo an
Environmental Assessment.
None
10
.
15) Please attach any other statistical data, letters of support,
applicable experience of the sponsor, evidence of financial
support from other funding sources, or other material you
believe will assist the City in its review of your proposal.
See list of attachments.
16) CDBG Application Checklist (see pages 25-26). Attach Forms
A, B, &C.
II
.
CmY;,G}F,;}ASHI1iAND
2b:l,O~ltr;ciQ'ramiY'i!af
C DBG'ARP6IG~fj0t;f!eHE€,*L!!IS'Ti
In order to determine compliance with all applicable HUD regulations and to help
to ensure that projects will be eligible for CDBG funding, the City of Ashland will
need to address all HUD requirements. The purpose of this checklist is to point
out areas where potential problems could arise. Obviously, this is a
comprehensive list, which must evaluate a wide array of different kinds of
proposals. Therefore, not every item will be applicable to every project. Please
fill it out entirely indicating all items which are not applicable and include it
as part of your proposal application.
1f~'!r#,ppJi~l"ries;Back~ ."i.,i,,")! i:~es;:;;<i ;:No?tf~ !fNIlMW:'
1. Is the applicant a legal non-profit organization or unit X
of government?
2. Do the proposed clients or users of the project meet X
HUD Income Guidelines (see paqe 10 for quidelinesl?
3. Does applicant have the capability to maintain written X
income documentation?
4. Has the applicant made a legal or financial X
commitment to a proposed project?
5. Is the applicant primarily a religious organization? X
6. Has the applicant administered a CDBG project X
previouslv?
7. Is your agency willing and able to provide all required X
reports and accountability to the City as required by
HUD?
~ElJill.e~piecJ:Uocllti()n anCl'liiinarUs'e"lssuesi;;d9,'!!fP:it'if'!ii:. "Yes" No". N/A',:
1. Has a location for the project been selected? X
2. Is the proposed project within the Ashland City X
limits?
3. Does the proposed project meet local zoning and X
land use laws?
4. Are any land use permits such as a Site Review, X
partition, annexation or Conditional Use Permit
required?
5. Have these approvals been obtained? X
6. Does the project comply with current building code X
requirements?
7. Does the project meet handicapped accessibility X
requirements?
12
C; Environmental Issues Yes No N/A
1. Is the project located in the 1 OO-year floodplain? X
2. Is a wetland located on the project site? X
3. Has any environmental contamination been identified X
on the project site?
4. Has asbestos been identified on the project site? X
5. If project involves an existing structure, was it built X
1978 or earlier? If year built is known, please specify. 1938
6. Is the proposed project located on a major arterial or X
near the railroad?
7. Is the proposed project located adjacent to an above X
ground flammable storage tank?
8. Does the proposed project involve a structure that is X
50 vears or older?
9. Will the applicant complete a Phase I environmental If
review upon receivinQ a CDBG award? required
D. LaborRequirements Yes No N/A
1. Does the project involve construction over $2,000 in X
cost?
2. Will the ptoject trigger Davis-Bacon wage X
requirements?
3. Will the project trigger BOll wage requirements? X
4. Does the project involve over $15,000 in City X
awarded Qrants or contracts?
E.Disi:>Iacement and Relocation. ...... Yes ,NO N/A
1. Will tenants be displaced by the project? X
2. Will a business be displaced by the project? X
3. Will housing units be demolished or converted? X
F. Property Data Yes No N/A
1. Does the applicant own the property by fee simple X
title?
2. Are taxes on the property current? X
3. Is insurance current? X
4. What is the current debt against the property? X
5. What is the current use of the property? Vacant
6. Has an appraisal on the property been conducted? X
If yes, what is the assessed value of the property?
13
Form A-1
To be completed for Development or Rehabilitation Proposals
March 2010
March 2010
nfa
Ma 2010
June 2010
June 2010
November 2010
14
Form B-1
To be completed for Development or Rehabilitation Proposals
Uses of Funding
f!K.c~ !.Ii~ltioJJ.L\to:.s.ts
Land
Improvements
Liens and other Taxes
Closing costs
Off-Site costs
Other
ASH owns
$111,161
nfa
nfa
nfa
nfa
$111,161
$102,561
$ S,600
nfa
$ 1,000
$ 1,000
System Development Charges
(SDCs)
Relocation Costs
Environmental Report / Lead
Based Paint Clearance
nfa
n/a
$ 5,000
included
nfa
$ 1,000
$ 794
$22,500
$ 5,000
Soils Report
Survey
Marketing
Insurance
Other - Equipment and Supplies
rlie_e_s
Arch itectu ral/Eng ineering
Legal/Accounting
Appraisals
Lender fees
Construction Loan
Permanent Loan
Tax Credit Fees
Developer Fee
Consultant Fee
Other
$ 1,000
$ 794
$22,500
$ 2,300
nfa
nfa
nfa
nfa
nfa
nfa
nfa
nfa
nfa
ffi"'mrf'l!!I """"'$'1'4"3'""'5' '5''''''0'''' "$'."1'0"S'6'1'
llW.J ~.. gjL;Yh;; L:.." Ylf. ':'>";;';-;:>'i~}<t;lk~ ~_, i C;.
$ 2,300
, , >'$3'2'''S'9''4Ph'91'''''',
;:''-'''.0''''><',\''';0. ff!t"?~:;\
,._:'h,_",:", ..... ,_ .._......,__",. ". Y,'.
15
Form C
SOURCE(S) OF FUNDS FOR OPERATING EXPENSES WORKSHEET
Completeness of this worksheet establishes the capacity of the organization to
sustain the operations of the program(s).
Federal Grants
State Grants
Local Grants
Non Governmental
Grants
Donations/Gifts
Applicant
Contribution
Program Income
$ 45,000
3/08/2010
At program
$205,216 im lementation
Loans
Other (specify)
Other (specify)
'f.\f1 ''', ,',
~. ',""ltj C
, ,,' ~,
,', ..'" ,
, '. ;(tF ,{ {' ""~
Please provide a description the timeline of loan and grant application dates as
'related to the proposed project. Specifically, for any tentative funding sources
please provide application dates, award dates and funding availability dates.
Should Community Development Block Grant funds be awarded, ASH will begin to seek and apply
for other grant sources, as well as initiate a fund raising and community awareness campaign.
Creative Supports and the ARC of Jackson County have indicate they will be referring clien1s for
Services; Creative Supports provides the brokerage service to help adults with disabilities find and
fund services. In addition, ASH has invested in a part-time development coordinator to manage
fundraising activities.
16
Form D
DISCLOSURE OF INTERESTS
To assist the City of Ashland in determining whether there may be a potential
conflict of interest related to the expenditure of Community Development Block
Grant funds we request the following information be provided by applicants:
ORGANIZATION NAME: Ashland Supportive Housinq and Community Outreach
Organization is:
1. Corporation ( )
2. Non-Profit 501C3 (x)
3. Partnership ( )
4. Sole Owner ( )
5. Association ( )
6. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please attach a separate sheet.
1. State the names of each "employee" of the City of Ashland having a financial or personal
interest in the above mentioned "organization" or project proposed.
Name, Job Title and City Department
N/A
2. State the name(s) of any current or prior elected or appointed "official", of the City of Ashland
having a potential "financial interest" in the organization or project.
NamelTitle
N/A
3. Provide the names of each "board member" of the Organization seeking CDBG funding
Name Board, Commission, or Committee (may be attached as a separate Sheet)
See attachment
If the applicant has provided names in question 1 or 2, please provide details
regarding any known potential conflicts of interest in an attached narrative.
N/A
17
Li st of
ATTACHMENTS
1. ASH Board of Directors
2. Map of Project Neighborhood
3. Project Plot Plan
4. House Plan of Respite Home
5. Project Budget
6. Operating Budget
7. Letter of Support from JC Developmental Disability Services
8. Letter of Commitment from Creative Supports, Inc.
9. Letter of Support from Rep. Peter Buckley
10.501 (c)(3)
11. Letters of Amendment (3)
12. ASH financial Statement - Jan. 2010
13. ASH financial Review - 2008-09
.
BOARD OF DIRECTORS - ASHLAND SUPPORTIVE HOUSING
Midge Binnewies - President
4884 Highway 66
Ashland, OR 97520
Retired Special Education Teacher
Amy Crumme Korth - Vice President
1566 E. Nevada St
Ashland, OR 97520
Cafeteria Manager, Helman'School
Mildred Buck - Treasurer
1001 Oneida Circle
Ashland, OR 97520
Agency founder; Parent of resident
Mia Driscoll- Secretary
365 Kent Street
Ashland, OR 97520
Teacher, Helman School
Tom Dalton
2589 Rosewood Street
Medford, OR 97504
Agency founder
Sales Representative: PayMaster Postal Equipment
Janel Salazar
225 Gangnes Drive
Talent, OR 97540
DHS Communications Office
Autism Policy Advisor: Rep. Peter Buckley
Donna Converse
790 Glendale Ave.
Ashland, Oregon 97520
Retired School Teacher
Chris Hince
2910 Siskiyou Blvd.
Ashland, OR 97520
Real Estate Agent
Rebecca Davenport
613 S. Ivy Street
Medford, OR 97501
Homemaker
Staff Representative:
Stephanie Kwiatkowski
Lead Staff, Pinel House Group Home
12/2009
1
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4
Ashland Supportive Housing
Since 1982
Project Budget - ASH Respite Home
1610 Clark Street Renovation
Item
Electrical Repairs, Panel & Service
Kitchen Remodel
Kitchen Cabinets & Countertops
flooring
Laundry
furnace
Weatherization
Bathroom Renovation
Added Bedroom
Asbestos/Lead paint removal
Architect
Concrete Deck, walk & Curb, drainage
Patio Cover
Roof /G utte rs/Downspouts
Bid
$ 6,130,00
$ 4,500,00
$ 5,524,00
$ 6,487,00
$ 6,530,00
$ 4,500,00
$ 3,500,00
$ 10,000,00
$ 30,000,00
$ 5,000,00
$ 2,300,00
$ 13,340,00
$ 3,000,00
$ 1O,OSO,OO
Total CDBG Contribution
$ 110,861.00
Expense Items Paid for with Matching funds by ASH
Landscaping
Office Equipment
furnishings
Appliances
House wares
Food Inventory
Marketing
Client Medical
Sewer Repair
Insurance
$ 4,000,00
$ 5,000,00
$ 7,000,00
$ 2,500,00
$ 2,000,00
$ 1,000,00
$ 1,000,00
$ 1,000,00
$ 5,900,00
$ 794,00
$ 30,194.00
Total A5H Contribution
Shed and Fence
Labor
Total Contribution
Items Contributed by United Way
$ 1,200,00
$ 1,500,00
$ 2,700,00
Total Project Cost
$ 143,755.00
Percentage Matched by ASH
21%
5
Accrual Basis
Ashland Supportive Housing
Operating Budget - ASH Respite Home
Projected Days of occupancy
4 Days a week
5 Days a week
Total projected Revenue
Projected Income
Projected number of clients
4 clients
4 clients
Projected Revenue
$ 167,100,00
$ 38,116,00
$ 205,216.00
Projected Expenses
Items Cost
Advertising $ 700,00
Oues & Subscriptions $ 400,00
Food $ 9,100,00
Insurance $ 600,00
Employee Benefits $ 11,200,00
Professional Fees $ 2,100,00
Household Supplies $ 1,500,00
Client Medical & Supplies S 1,000,00
Occupational Health $ 130,00
Office Supplies $ 160,00
Repairs & Maintenance $ 2,200,00
Salaries & Wages $ 149,760,00
Payroll Taxes $ 20,500,00
Telephone $ 600,00
Taxes & Licensing $ 200,00
Mileage $ 490,00
Utilities $ 4,500,00
Total Projected Expenses $ 205,140.00
Daily Expense $ 562,00
Respite Center
6
Department of Health and
Human Services
DcYClopmenlal Ohubilities
JACKSON COUNTY
oregon
TOllY Mendenhall, liS
Progrllm l\1anager
300 w. Main St.
Medford.Oregoll
Phone: 541 ~ 774-8205
Fax: (541)774-7978
March 25,2010
To whom it may concern;
I am happy to offer this letter of support for Ashland Supportive Housing's application for grant
funding for expansion of their community services to include a respite facility and service for
people with developmental disabilities.
Ashland Supportive Housing's board of directors, management and employees have a rich
tradition of ensuring quality community-based residential services to adults with developmental
disabilities in Ashland, This agency is a clear reflection of the community of Ashland in that they
place a high priority on ensuring a diversity of cultural, and environmental and social
opportnnities for those they serve. Given that the Community of Ashland is also valued for these
same priorities, the vision of ASH to provide people with disabilities supported access to this
unique community is exciting,
Supported respite services are, a critical but yet unmet need for adnlts with developmental
disabilities. It is also an important service for families and providers to have a break from the
often intensive needs of the individual to regrollp and refresh their foclls,
Should yon have any questions, please contact me at 541.774,8205
d~~
Tony Mendenhall,
Program Manager,
Jackson County Developmental Disabilities Services
7
Creative SUPPDrts, Inc.
Self.Determination for Adults with Developmental Disabilities
March 17,2010
To Whom It May Concern:
I am writing this letter to offer my full support of ASH's desire to develop a much needed
respite home for people with disabilities.
I am the director for Creative Supports, Inc, serving all of Josephine and Jackson
Counties, We serve adults who have developmental disabilities and are living in their
own home or the home of a family member.
One of the greatest needs in our area is for a safe respite option for these families, An
option like ASH would allow the parents of adults with developmental disabilities to
actually have an occasional weekend break or even a vacation.
I have been familiar with ASH for over eight years and with Sue Crader since she took
over as the director of ASH, I know the agency to be a high quality organization that
provides top notch supports and care to people with disabilities, I know that our agency
would immediately make referrals to ASH for respite care of the people that we serve,
I am so excited about the prospect of this resource being provided by ASH, If there is
any additional information that I can provide to help you in your decision making, please
call me at 54 I -864- I 673 or bhedricklalcreativesuDDorts,org,
Sincerely
~~,~U!~~
Barbara Hedrick, Executive Director
JACKSON COUNTY
930 W 8th Street. Medford, OR 97S01
(S41) 864-1673' Toll Free (866) 202-5924' Fax (541) 864-1676
Email: jackson@creativesupports,org
JOSEPHINE COUNTY
848 NE 7th Street, Suite 4 . Grants Pass, OR 97S26
(541) 472-0752' Toll Free (866) 472-0752' Fax (541) 472-0754
Email: josephine@creativesupports,org g
PETER BUCKLEY
State Representative
Majority Whip
DistrictS
Committees:
Chai~
Education Committee
Vice-Chair;
Elections, Ethics and
Rules
HOUSE OF REPRESENTATIVES
900 COURT ST NE ROOM
SALEM, OR 97301
Member:
Transportation
October 14, 2008
Dear City of Ashland:
I am writing to offer my strong support for the application put forth by Ashland
Supportive Housing for the City's grants for Affordable Housing projects, ASH is a vital
partner in long-term housing and care for Oregonians with developmental disabilities,
and is an organization our city and our state can be proud of.
There is a huge unmet need for quality affordable housing for this population, Two of
my sisters-in-law have developmental disabilities, and I have been actively involved in
this area for several years prior to my work in the legislature, But it wasn't until I began
working as a state representative that I began to see how pressing the need for quality
housing of this kind in the Rogue Valley and all across our state has become,
I have toured facilities throughout Oregon, and I can say without hesitation that ASH
ranks at the top of the list for housing and services, Assistance from the City of Ashland
that would allow ASH to expand its services would be a tremendous benefit to
individuals and families in our region, The challenge to find long-term housing and care
for this population is a hard burden on aging parents, and the quality of what ASH offers
is a godsend to these families,
In addition, the expansion of ASH's capacity would result in the creation of 12 new
living wage jobs in our city that would not be dependent on the vagaries of the economy
and would serve a clear and greatly needed social purpose,
I see this as an excellent investment across the board, and I hope you will give full
consideration and support to this proposal,
Sincerely,
Rep, Peter Buckley
Office: 900 Court 5t NE, Salem. OR 97301 - Phone; 503.986.1405 - rep.peterbucklcy@state.or.us - Fax: 503.986,1294
District: 71 Dewey St, Ashland, OR 97520. Phone: 541.488.9180. inro@peterbuckley.org .
1
Internal RlWenue Service
District Director
Department of the Treasury
t>
Jackson County Board of Advocates
for Severely Handicapped Adults
547 Clover Lane
Ashland, OR 97520
Employer Identification Number:
93-0805586
Accounting Period Ending:
June 30
Foundation Status Classification:
509(a)(1) and 170(b)(1)(A)(vi)
Advance Ruling Period Ends:
June 30, 1984
Person to Contact:
Ellen Oliver
Contact Telephone Number:
(206) 442-5106
Oate: 2 9 0 CT 1982
Dear Applicant:
Based on information supplied. and assuming your operations will be as stated
in your application for recognition of exemption. we have determined you are exempt
from Federal inccme tax under section 501(c)(3) of the Internal Revenue Code.
~
Because you are a newly created organization, we are not now making a final
determination of your foundation status under section 509(a) of the Code, However,
we have determined that you can reasonably be expected to be a publicly supported
organization described in section 509(a)(1) and l7.0(b)(1)(A)(vi).
Accordingly. you will be treated as a publicly supported organization, and not
as a private foundation, during an advance ruling period, This advance ruling period
begins on the date of your inception and ends on the date shown above.
Within 90 days after the end of your advance ruling period; you must submit to
us information needed to determine whether you have met the, requirements of the
applicable support test during the advance ruling period, If you establish that you
have been a publicly supported organization, you will be classified as a section
509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements
of the applicable support test, If you do not meet the public support requirements
during the advance ruling period. you will be classified as a private foundation for
future periods. Also. if you are classified as a private foundation, you will be
treated as a private foundation from the date of your inception for purposes of
sections 507(d) and 4940.
Grantors and donors may rely on the determination that you are not a private
foundation until 90 days after the end of your advance ruling period. If you submit
the required information within the 90 days, grantors and donors may continue to
rely on the advance determination until the Service makes a final determination of
your foundation status, However, if notice that you will no longer be treated as a
section 509(a)(1) organization is published in the Internal Revenue Bulletin,
grantors and donors may not rely on this determination after the date of such
publication. Also. a grantor or donor may not rely on this determination if he or
she was in part responsible for, or was aware of. the act or failure to act that
resulted in your loss of section 509(a)(1) status, or acquired knowledge that
the Internal Revenue Service had given notice that you would be removed from
classification as a section 509 (a) (1) organization.
P.O. Box 21224, Seattle. Washington 98111 (over) . Letter 1045(00) (6-77)
tD
If your souroes of support. or your purposes. oharaoter, or method of operation
ohange. please let us know so we oan oonsider'the effect of the ohange on your
exempt status and foundation,status. Also, you should inform us of a11'ohanges, in
your name or address. '
,;
Generally. you are not liable tor social seourity (FICA) taXes unless you file
a waiver of exemption oertificate as provided in the Federal Insurance Contributions
Act; If you have paid FICA taxes without filing the waiver. you should call,us, You
are not liable for the tax imposed under the Federal Unemployment 'Tax Act (FUTA).
.. . .
, Organizations 'that are-not private foundations are not subject to the exoise
, taxes under Chapter 42 of the Code. However, you are not automatioally exempt from
other Federal excise taxes. If you have any questions about excise, ,employment, or
other Federal,taxes, please let_ us:know.
Donors may deduct oontributions to you as provided in seotion 170 of the Code,
Bequests. legacies, devises, transfers. or gifts to you or for your use are
deductible for Federal estate and gift tax purposes if they meet the applicable
provisions of seotions 2055. 2106. and2522 of ' the Code.
You are required to file Form 990. Return of Organization Exempt from'Inoome
Tax. only if your gross receipts eaoh year are normally more than,$lO,OOO. If a
return is' required., it must be filed by the 15th day of the fifth month after the
end of your annual aocounting period. The law imposes a penalty of $10 a day. ,up to
a maximum of $5.000. when a return is filed late, unless there is reasonable cause
for the delay.
You are not required to file Federal, income tax returns unless you are subject
to the tax on unrelated business inoome under seotion 511 of the Code. If you are
subjeot to this tax, you, must file an income tax return on Form 990-T. ,In this
letter, we are not determining whether any Of your present or proposed aotivities
are unrelated trade or business as defined in seotion 513 of the Code.
You need an employer identifioation number even if you have no 'employees. If
an employer identifioation number was not entered on your applioation, a number will
be assigned to you and you will be advised of it. ,Please use that number on all
returns you file and in all correspondence with the Internal Revenue Service.
Because this letter could help resolve any ques~ions about your exempt status,
and foundation status. you should keep it in your permanent records.'
If you have any questions, please oontaot the person whose name and 'telephone
number are shown in the heading of this letter.
cc: .Bruce D. Smith
yours.
. ,
Letter 1045(00) (6-77)
.
12-N . Articles of Amendmedt-AAmpYofir-'
7f1>71.._
Submit in duplicate
Filil1{; Fcc: $5.00
$31,; 15
"
'"
~
,
:
FILED
II lilt offlCl Vf 1lt( ~l1OIl
~- ..t"ojf,' i>>' THfSTITfOf 0IIIlllJt
'--S ',:',\ '
..'.;.../
I rRANKJ.1::iEALY.
, aJRIl()RATlor. COMMlSSlOOER
Articles of Amendment,
of
Jackson County ,Board of, Advocates._f()T.,_,~~Y_~_r~!L1:I.~ndicapped
Adul ts, Inc.
Pursuant to ORS (j1.~7() these Arli'cles of Amendment were adopted by the undersigned corporation:
I. The present (not new) corporate name is __.l.1tckson.....G.Qunty Board of Advo"al'P'Q
_____.lot:.,?~'!e2:,~ ~y H<I.!!di,S~PI!l;LA.dul ts. Inc.
.---.---------.--------
2, The folloy,oing amendment of the Articles of Incorporation was adopted in the manner prescribed
by the Oregon Nonprofit Corporation Act:,
(Se!, forth artirte(s) in fnll as will be amended to Tead.)
Article 1 The name of this corporation is Advocates for
.~
Severely Band icallPed ,I nc .
We, the undersigned, declare ~nd'7r ,penalties .of perjury that we have examined the foregoing and
to the best of our' knowledge and belief, It IS true, correct and complete,
Jackson County Board of Advocates for Severely
H"nni"''''ppp.d Anlllts, Inc.
Present (not new) Corporate Name
By
C?~ (j ~
and /'Jta!el.t<.r:( /'1r~ .,,/2.Je-_
Its
Board
President
Its __Board
Secretary
Dated
October 24
,19~,3
l,fl1..--
.
Secretary of State
Corporation Division
255 Capitol Street NE. Suite 151
Salem, OR 97310-1327
Phone:(503)986-2200
Fax:(503)378-4381
www.sos.state.or.uslcorporationlcorphp.hbn
Registry Number: 157020-12
Type: DOMESTIC NONPROFIT CORPORATION
ADVOCATES FOR SEVERELY HANDICAPPED. INC,
POBOX 3536
ASHLAND OR 97520
Acknowledgment Letter
The document you submitted was recorded as shown below, Please review and verify the information listed for
accura9'.:. _, _ ,__ _ 'H - -'-, - - ,----- -
If you have any questions regarding this acknowledgement. contact the Secretary of State, Corporation Division
at (503)986-2200, Please refer to the registration number listed above, A copy of the filed documentation may
be ordered for a fee of $5,00, Submit your request to the address listed above or call (503)986-2317 with your
Visa or MasterCard number.
Document
APPLICATION FOR REINSTATEMENT AMENDED
Filed On Jurisdiction Nonprofit Type
09/26/2002 OREGON PUBLIC BENEFIT
Name
ADVOCATES FOR SEVERELY HANDICAPPED, INC, '
, Principal, Place of Business
556 "B" ST
ASHLAND OR 97520
-
Registered Agent
AMY CRUMME KORTH
1566 E NEVADAST
ASHLAND OR 97520
Mailing Address
POBOX 3536
ASHLAND OR 97520
President
AMY, CRUMME KORTH
1570 E NEVADA ST
ASHLAND OR 97520
Secretary
MILDRED BUCK
100~ ONEIDA CL
ASHLAND OR 97520
JANBRE
ACK
^^""''.:''.......n..
tlb
Secretary of State
Corporation OMsion
255 Capitol $treet NE, Suite 151
Salem, OR 97310-1327
Phone:(503)986-2200
Fax:(503)37a-4381
www.filinginor9gon.com
~v 10/7
2008 ANNUAL REPORT
RegiStry Number: 157020-12
Date of Incorporation: 11/17/1981
Fee: $50.00
Due Date: 11/1712008
Type: DOMESTIC NONPROFIT CORPORATION
.
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY ."
POBOX 3536
ASHLAND OR 97520
Name of Domestic Nonprofit Corporation
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY OUTREACH, INC.
---_. .~_...,-,--~
Jurisdiction: OREGON
Nonprofit Type: Public Benefit
The following Information is required by statute. Please complete the entire form. If any of the information is.incorrect,
you can make changes on this form. Failure to submit this Annual Report and fee by the due date may result in
inactivation on our records.
Registered Agent
ESTHER M BINNEWIES
4884 HIGHWAY 66
ASHLAND OR 97520
If the Registered Agent has changed, the new Agent
has consented to the appointment. Oregon street address
required.
1) Type of Business
2) Principal Place of Business (Str, address,city,state,zip)
693 B WASHINGTON ST
ASHLAND OR 97520
3) Mailing Address (Address,city,state,zip)
POBOX 3536
ASHLAND OR 97520
.----- --.--.---
4) President Name and Address
ESTHER M BINNEWIES
4884 HIGHWAY 66
ASHLAND OR 97520
5) Secretary Name and Address
MILDRED BUCK
1001 ONEIDA CL
, ASHLAND OR 97520
~(l~
8) Date
7) Printed Name
L, .5ve. ei"'4.de-
IO~Ir. / tJS
I ,
Make check payable to "Corporation Division" and mall completed form with payment to Secretary of State,
Corporation Division, 255 Capitol ST NE Suite 151, Salem, OR 97310-1327.
Note: You can also fax to (503) 378-4381. Filing fees may be paid with VISA or MasterCard. Submit the card number
and expiration date on a separate page for your protection.
9) Daytime Phone Number
C$l./I) I./fr8'-z.'07D
ANRPF1 09/26/08
Hv
ASH, Inc. Budget 2009-2010
2009-2010 New Actual 2009-2010 2009-2010
Budget One One Month January Difference Year to Date Difference
Year Budget 2009 One Month Actual Year to Date
INCOME
Mental Health 1,244,063.00 103,671.92 106,777.54 (3,105.62) 816,920.96 12,454.37
R & B 94,266.00 7,855.50 7,855.50 62,844.00 -
United Way 2,600.00 216.67 216.67 (0.00) 2,100.96 (367.63)
Donations 4,500.00 375.00 - 375.00 2,520.00 480.00
Rental Income 30,000.00 2,500.00 2,500.00 - 16,000.00 4,000.00
Food Stamps 23,250.00 1,937.50 1,852.15 85.35 16,100.30 (600.30)
Grants - - - - 752.84 (752.84)
Produce Donations - -
Fund Raising 280.95 (280.95)
Total Income 1,398,679.00 116,556.58 119,201.86 (2,645.28) 917,520.01 15,213.61
EXPENSES
Advertising 3,000.00 250.00 - 250.00 182.00 1,818.00
Special Events 4,000.00 333.33 354.74 (21.41) 506.00 2,160.67
Client Activities 4,500.00 375.00 100.00 275.00 2,619.61 380.39
Client Medical 2,700.00 225.00 65.77 159.23 1,140.79 659.21
Contract Services 21,000.00 1,750.00 1,662.50 87.50 5,600.00 8,400.00
Dues& Subscriptions 5,700.00 475.00 128.96 346.04 2,855.73 944.27
Food 45,000.00 3,750.00 4,766.48 (1,016.48) 27,858.96 2,141.04
Insurance 12,500.00 1,041.67 988.00 53.67 7,020.00 1,313.33
Interest 20,000.00 1,666.67 383.84 1,282.83 3,514.55 9,818.78
Employee Benefits 126,000.00 10,500.00 9,345.80 1,154.20 69,522.29 14,477.71
Household Supplies 8,500.00 708.33 736.78 (28.45) 5,517.73 148.94
Office Supplies 8,000.00 666.67 340.81 325.86 3,982.47 1,350.86
Occupational Health 2,800.00 233.33 205.00 28.33 1,024.20 842.47
Payroll 740,000.00 61,666.67 51,18145 10,483.22 450,469.52 42,863.81
Payroll Taxes 101,000.00 8,416.67 5,100.93 3,315.74 48,819.91 18,513.42
Professional Developmen 7,000.00 583.33 170.00 413.33 1,435.50 3,231.17
Professional Fees 18,000.00 1,500.00 862.50 637.50 12,468.75 (468.75)
Rent 9,400.00 783.33 775.00 8.33 6,200.00 66.67
Taxes & Licenses 12,000.00 1,000.00 - 1,000.00 3,204.39 4,795.61
Repairs & Maintenance 8,000.00 666.67 1,758.05 (1,091.38) 6,495.01 (1,161.68)
Telephone 6,000.00 500.00 463.53 36.47 3,565.91 434.09
Mileage 7,000.00 583.33 153.20 430.13 4,052.49 614.18
Travel 3,000.00 250.00 783.20 1,216.80
Company Vehicles 14,000.00 1,166.67 296.18 870.49 8,271.51 1,061.82
Meals & Entertainment 2,000.00 166.67 9.86 156.81 1,468.59 (135.26)
Utilities 24,000.00 2,000.00 1,673.81 326.19 12,036.74 3,963.26
Fundraising 2,500.00 208.33 - 208.33 679.16 987.51
Total Expense 1,217,600.00 101,466.67 81,525.19 19,691.48 691,295.01 120,438.32
Difference 181,079.00 15,089.92 37,676.67 (22,336.75) 226,225.00 (105,224.72)
Capital Expense
Computers 10,531.00
Pay Down Mortgage 57,547.00
Appliances&Funishings 3,197.00
Scion Van 16,751.96
Improvments 2,753.00
90,779.96
14,
-..=- )..
I,j
~
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
OUTREACH, INC.
P,O, BOX 3536
ASHLAND, OR 97520
2008 Exempt Org, Tax Return
J3
Richard W. Brewster, CPA, PC
670 Superior Ct. #106, Medford, OR 97504
(541) 773-1885
i
RICHARD W. BREWSTER, CPA, PC
670 SUPERIOR CT. #106
MEDFORD, OR 97504
(541) 773-1885
January 13, 20 I 0
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
OUTREACH, INC,
P,O, BOX 3536
ASHLAND, OR 97520
Dear Client:
Enclosed is your 2008 Federal Return of Organization Exempt from Income Tax, The original
should be signed at the bottom of page one, No tax is payable with the filing of this return, Mail
your Federal return on or before February 16,2010 to:
DEPARTMENT OF TREASURY
INTERNAL REVENUE SERVICE
OGDEN, UT 84201-0027
Also enclosed is your 2008 CT-12 Oregon Corporations and Certain Trusts Tax Return, The
original should be signed at the bottom of page two, There is a balance due of $229 with the
filing of this return. Make your check payable to "Oregon Department of Justice" and mail your
Oregon Form CT-12 and check on or before February 16,2009 to:
CHARITABLE ACTIVITIES SECTION
OREGON DEPT, OF JUSTICE
1515 SW 5TH AVE, SUITE 410
PORTLAND, OREGON 97201
Please be sure to call us if you have any questions,
Sincerely,
RlCHARD W, BREWSTER, CPA
- .,
2008, FEDERAL EXEMPT ORGANIZATION TAX SUMMARY
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
CLIENT ASHC173 OUTREACH, INC.
1/13/10
REVENUE
CONTRIBUTIONS AND GRANTS,
PROGRAM SERVICE REVENUE
INVESTMENT INCOME ."""""
OTHER REVENUE, ......,....,
TOTAL REVENUE
2008 2007
8,143 7,608
991,673 903,615
12, 071 18,215
21,400 7,500
1,033,287 936,938
719,253 660,281
173,100 249,163
892,353 909,444
140,934 27,494
1,S43,282 1,475,597
224,510 276,383
1,318,772 1,199,214
EXPENSES
SALARIES, OTHER COMPENSATION, EMPLOYEE B
OTHER EXPENSES..... ...,.......
TOTAL EXPENSES
NET ASSETS OR FUND BALANCES
REVENUE LESS EXPENSES,."""""
TOTAL ASSETS AT END OF YEAR..,
TOTAL LIABILITIES AT END OF YEAR"
NET ASSETS OR FUND BALANCES AT END OF YE
PAGE 1
93-0805586
11:44 AM
DIFF
535
88,058
-6,144
13, 900
96,349
58, 972
-76,063
-17,091
113,440
67,685
-51,873
119,558
/
/
2008
PAGE'-,- .
CLIENT ASHC173
1/13/10
. GENERAL INFORMATION
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
OUTREACH, INC.
93-0805586
11 :44AM
FORMS NEEDED FOR THIS RETURN
FEDERAL: 990, SCH A, SCH D, SCH 0
CARRYOVERS TO 2009
NONE
'.
2008
FEDERAL WORKSHEETS
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
OUTREACH, INC.
PAGE 1
CLIENT ASHC173
1/13110
93-0805586
1 1:44AM
RENTAL INCOME WORKSHEET
GROSS RENTAL INCOME "
EXPENSES
TOTAL EXPENSES, ,....,
., $
$
21,400,
0,
21,400,
NET RENTAL INCOME OR LOSS $
RECONCILIATION OF CHANGE IN NET ASSETS
TOTAL REVENUE..",.. ..." .,.,...., .,........,.... ... "" ,... ",.... ....".........,.. $
TOTAL EXPENSES ...., ...., ,.......... ................... ....., .,.., ....... ........ ,...,.
EXCESS OR DEFICIT FOR THE YEAR PER FORM 990............ ,...., ......, .............
NET UNREALIZED GAINS OR LOSSES ON INVESTMENTS..,...... ...... .,......,.... ....,..
TOTAL ADJUSTMENTS........, ,..., .... ....'................. ............., ...., .. ..,..., ....
EXCESS OR DEFICIT FOR THE YEAR PER FINANCIAL STATEMENTS.."..
1,033,287,
892,353,
140,934,
-21,376,
21,376,
119,558.
FORM 990, PART IX, LINE 24
OTHER EXPENSES
(A) (B) (C) (D)
PROGRAM MANAGEMENT
TOTAL SERVICES & GENERAL FUNDRAISING
CLIENT ACTIVITIES 3,406, 3,406,
CLIENT MEDICAL SUPPLIES 1,423, 1,418, 5,
DUES AND PUBLICATIONS 2,393, 1,874. 519,
FOOD 30,73l. 30,850, -119,
INSURANCE 9,134, 8,034, 1,100,
MEALS & ENTERTAINMENT 834, 362, 472.
OCCUPATIONAL HEALTH 2,081, 1,924, 157,
OFFICE SUPPLIES 5,004, 2,55l. 2,453,
PROFESSIONAL GROWTH 2,227, 1,634, 593,
SPECIAL EVENTS 75, 75.
SUPPLIES 7,368, 7,267, 10l.
TAXES, LICENSE & FEES 3,735, 399. 3,336,
UTILITIES 16,854, 15 , 55l. 1,303.
TOTAL $ 85,265, $ 75,345, $ 9,920, $ 0,
"
'F~rm 99'0
OMS Net. '~'j.0047
Return of Organization Exempt From Income Tax
Under section sal(e), 527, or 4947(a)(1) of the Internal Revenue Code
(except black lung benefit trust or private foundation)
~ The organization may have to use a copy of this return to satisfy state reporting requirements.
ear, or tax ear be inning 7/01 ,2008, and endin 6/30
o Employei' Identification Number
Department of lhe Treasury
Internal Revenue Service
For the 2008 calendar
B Check if applicable:
7~~r.~ ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
:~':: OUTREACH, INC.
~; P.O. BOX 3536
=<< ASHLAND, OR 97520
lions.
2008
~."'.'~~.;jj
~~'~15 .::;a;....
~.d.9iJ2Ji~~~~fl
,2009
93-0805586
E Telephone number
(541) 488-2870
Address change
Name change
lnitialrelum
Termination
Amended return
Applicatioo pending F Name and address of principal officer:
G Grossreceipls $
H(a) Is this a group relUJn for affiliates?
H(b) Are all affiliates included?
If 'No,' attach a list. (see instructions)
4947(a)(1) or
527
No
""",~
H(c) Group exemption number ~
L Year of Formation: 1982 M Stale of legal domicile: OR
o
u
o
m
E
o
>
o
"
..
o
~
;;;
~
2 Che~i this b~x -~-rrifthe-o;-g;ni;;ti~n-d~~~ti-;:;u~di~ ~~;;t~;;-s~;- dis~o~ed ~f-m~;; th;n-25% ~ its-a~s-;t;. - - - - - - - - --
3 Number of voting members of the governing body (part VI, line 1a).................................. 3 9
4 Number of independent voting members of the governing body (part VI, line 1 b). ............. 4 7
5 Total number of employees (Part V, line 2a).........,..................... ....,.... 5 44
6 Total number of volunteers (estimate if necessary).. 6 15
7a Total gross unrelated business revenue from Part VIII, line 12, column (C).. .......... 7a O.
b Net unrelated business taxable income from Form 990-T, line 34. .... . .. . . ... 7b 0_
8 Contributions and grants (part VIII, line lh}...
9 Program service revenue (part VIII, line 2g). . . . . . . . . . . . . . . . . . . . .
10 Investment income (part VIII, column (A), lines 3, 4, and 7d).
11 Other revenue (part VIII, column (A), lines 5, Gd, &, 9c, 10c, and l1e)..
12 Total revenue - add lines 8 throu h 11 (must e ual Part VIII, column (A), line 12).
13 Grants and similar amounts paid (part IX, column (A), lines 1-3)..
14 Benefits paid to or for members (part IX, column (A), line 4).
<<I 15 Salaries, other compensation, employee benefits (part IX, column (A), lines 5-10).
~ 16a Professional fundraising fees (part IX, column (A), line 11 e).. ..
o
e- b Total fundraising expenses (part IX, column (0), line 25) ~ 1,052.
w
17 Other expenses (part IX, column (A), lines lla.lld,llt,24f),.."""""""
18 Total expenses, Add lines 13,17 (must equal Part IX, column (A), line 25),.
19 Revenue less ex enses. Subtract line 18 from line 12................. ............
Prior Year
7,608,
903,615,
18,215,
7,500,
936,938,
o
~
o
o
>
o
a:
660,281.
Current Year
8,143,
991,673,
12,071,
21,400,
1,033,287,
719,253,
249,163,
909,444,
27,494.
~:
d 20 Total assets (part X, line 16)""""".."...,.."""",....
~: 21 Total liabilities (part X, line 26)...................................
~2
22 Net assets or fund balances. Subtract line 21 from line 20. . . . . . . . . . . . . . . . . . . . . .
'P.lii:tUl9i Si nature Block
Be innin of Year
1 475 597,
276,383,
1,199,214,
173 100,
892,353,
140,934,
End of Year
1,543 282,
224,510,
1,318,772,
Sign
Here
~
Under penalties of perjllfY, I declare that I have elCilmined this return, including accompanying ~ules_and statements, and to the best of my knowledge and belief, it is
true, corred. aOd complele. Declaration of pre parer (other than offICer) is based on air informallOl1 of wtJich preparer has any knowledge.
Signature of officer
Dale
~ SUE CRADER
Type or print name and title.
EXECUTIVE DIREC
Paid
Pre-
parer's
Use
Only
r-------
Date
Check it
"",
employed
Preparer's
,i,nalure ~ RICHARD W, BREWSTER, CPA
Fi,m",name (0' RICHARD W, BREWSTER, CPA, PC
:~;10~~. ~ 670 SUPERIOR CT, 11106
address, and
Z[P+4 MEDFORD, OR 97504
May the IRS discuss this return with the preparer shown above? (see instructions).
BAA For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.
1/13/10
EIN ..
Phooe no.
TEEAO 1121. 12/22108
Form'990'(20CB) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586 . Pa 2
'~art;1II1S Statement of Pro ram Service Accom Iishments see instructions
1 Briefly describe the organization's mission:
~~_Q~J~~~~~~~IC~tEP_~~I~IQ~~~___________________________________
2 Did the organization undertake any significant program services during the year which were not listed on the prior
Form 990 or 990-EZ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If 'Yes,' describe these new services on Schedule O.
3 Did the organization cease conducting, or make significant changes in how it conducts, any program services?
If 'Yes,' describe these changes on Schedule O.
4 Describe the exempt purpose achievements for each 01 the organization's three largest program services by expenses. Section 501 (c)(3)
and 501 (c)(4) organizations and section 4947(a)(1) trusts are required to report the amount of grants and allocations to others, the total
expenses, and revenue, if any, for each program service reported.
D Ves
D
[R]
[R]
No
No
Ves
4. (Code: ,_l (Expenses $ 749,867. including grants of $ 1 (Revenue $
J;E:~V]:!;~S_ ~Q.R_ !@ly'J;P!1~J _l!Il!! ..Pl~@l~I.J.!~S-, _ ~EllE;Ig\.b _ C~ ~ l~I!l!N_G _ QF_ _ _ _ _ _ _ _ _ _ _ _
J;E:Y.E_RE;&Yjr~OXQl!.~~"( ~N.JNc11" _lWlQI_C~PJ:!1 JWQ&T~ -'- _ ~Q~!1!!I1X _A~~F;.,S~ XRQ~~ ]98 _TlI~ _ _ _ _
_~]:~~J~~_i~~~1]:~NTJl______________________________________________
4b (Code: ~) (Expenses $
including grants of $
) (Revenue $
)
4c (Code: ,_) (Expenses $
including grants of $
) (Revenue $
4d Other program services. (Describe in Schedule 0.)
(Expenses $ including grants of $ ) (Revenue $
4e Total program service expenses ~ $ 749, 867. (Must equal Part IX, Line 25, column (8).)
BAA
TEEA0102L 12124108
Form 990 (2008)
Form 990 (2008) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
93-0805586
l'F.!artlO1:
Checklist of Renuired Schedules
, Is the organization described in section SOl (c)(3) or 4947(a)(1) (other than a private foundation)? If 'Yes,' complete
Schedule A ............................ ..................................................................... '...
2 Is the organization required to complete Schedule at Schedule of Contributors?. ..... .................
3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates
for public office? If 'Yes, I complete Schedule C, Part J. .................. ...........................................
4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities? If 'Yes,' complete Schedule C, Part II..........
5 Section 501(cX4), 501(c)(5), and 501(cX6) organizations. Is the organization subject to the section 6033(e) notice and
reporting requirement and proxy tax? If 'Yes,' complete Schedule C, Part III . ...... ........ .... ...... 5
6 Did the organization maintain any donor advised funds or any accounts where donors have the right to provide advice
on the distribution or investment of amounts in such funds or accounts? If 'Yes,' complete Schedule 0, Part I....... ..
7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the
environment, historic land areas or historic structures? If 'Yes,' complete Schedule 0, Part II...... ...... . . . .....
8 ~~ct",~/~t~r~~~~d~ienD~~~;;~7J ~~.".~~t~~~~. ~~ ~~~~~ .~f. ~~t.'. ~j.s.t~~i.~~I. ~r~.~~~~~~,. ~~ .~t.~~r. ~~~.il.~r. ~~~~.t~:. ~~ :~~~'. '.
9 Did the organization report an amount in Part X, line 21; serve as a custodian for amounts not listed in Part X;
Sc~~~~~e ~r~~~ cJV~.s.e.I~~~: ~.e.~t. ~~~~~.~~.~~t: .~~~~i~ .r~.~~i.r: .~r. ~~.~t. ~~~~.t~~t.i~~. ~~~i.c~.~~ ./:":.~~'" .c.~n::./~~~..
10 Did the organization hold assets in term, permanent, or quasi-endowments? If 'Yes,' complete Schedule D, Part V.
11 ?),1. ttntJk~~i;~i~~ ~~~i~able~~~~~~ .i~. ~~.~ .~'. ~i~.e.~ .1.~,. ~~: .1.~,. ~~: .~~ ~~? ./~ ":~.s:: ~~."!~!~~~ .~~~~~~/~.~: .~~~~ .~/:..
12 Did the organization receive an audited financial statement for the year for which it is completing this return that was
prepared in accordance with GAPJ'? If 'Yes, ' complete Schedule D, Parts XI, XII, and X/fl . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Is the organization a school described in section 170(b)(1)(A)(ii)? If 'Yes,' complete Schedule E.......... . .. .
14a Did the organization maintain an office, employees, or agents outside of the U.S.?................. . . ......... .......
bDid the organization have a!;lQregate revenues or expenses of more than $10,000 from grantmaking, fundraising,
business, and program servIce activities outside the U.S.? If 'Yes,' complete Schedule F, Part I...... . . ....... . .
9
10
11
12
13
14a
14b
Page 3
Yes No
1
2
x
x
3
4
x
X
6
X
7
X
8
X
X
X
X
X
X
X
X
15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or assistance to any organization
or entity located outside the United States? If 'Yes,' complete Schedule F, Pari II, " """" ""',' , , , , ,."", , , '" ,,' 15 X
16 Did the organization re~.Jrl on Part IX, column (A), line 3, more than $5,000 of aggregate grants or assistance to
individuals located outside the United States? If 'Yes,' complete Schedule F, Part III................. . .......... ... 16 X
17 Did the organization report more than $15,000 on Part IX, column (A), line 11e? If 'Yes, , complete Schedule G, Part I. 17 X
18 Did the organization report more than $15,000 total on Part VIII, lines 1c and Sa? If 'Yes,' complete Schedule G, Pari II 18 X
19 Did the organization report more than $15,000 on Part VIII, line 9a? If 'Yes,' complete Schedule G, Part /fl. ........ 19 X
20 Did the organization operate one or more hospitals? If 'Yes,' complete Schedule H... ...... .... ....... ...... ... 20 X
21 Did the organization report more than $5,CXXl on Part IX, column (A), line 1? If 'Yes,' complete Schedule I, Parts I and It. . . . . . . . . . . . . . . . . . . . . . . . . 21 X
22 Did the organ~ation report more than $5,000 on Part IX, column (A), line 21 If 'Yes,' complete Schedule I, Parts I and /II. , , , , , , , , , , , , , , . , . , , , , , , ,22 X
23 Did the organization answer 'Ves' to Part VI/, Section A, questions 3, 4, or 5? If 'Yes,' complete
ScheduleJ..,.."""", ,.,....,.."""""..."".."".........,..."".."""",.."....,
24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000
~~~~J~fe Is~h~%/~f~~jl~~~:g~n~ ~~;;;i~~ ~5~~~. ~~~.r. ~~.c.~~.~~r. ~.1: .~~~:. ~~ :~~~: ~ ~~~.~~~ .~~~~~i~~.S. ~~-:~ ~~~...
b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception?...... .... . . .. ...
c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease
any tax-exempt bonds?.............. ............................................................................ 24c
d Did the organization act as an 'on behalf of' issuer for bonds outstanding at any time during the year? . . . . . . . . . . . . . . . 24d
25a Section 501(c)(3) and S01(cX4) organizations. Did the organization engage in an excess benefit transaction with a
disqualified person during the year? If 'Yes, ' complete Schedule L, Part I . . . . . .. . . . . .. . . . .. . . . . . . .. . . . . . . . . . .. . . . . .
b ~igA~; y~~~n~7~~~~, ~~;~~k;w~~~~~~}~tL~a~n?~~~~. i.~ ~.~ ~~~~~~ .~~~~~i~ .t~~~.~~t~~~ .~~t.~ ~_ ~~~~~~~i:i.~~ .~~r.~~~ .~~~
26 Was a loan to or by a current or former officer, director, trustee, key emplovee, highly compensated employee, or
disqualified person outstanding as of the end of the organization's tax year? If 'Yes,' complete Schedule L, Part II.. ...
27 Did the organization provide a grant or other assistance to an officer, director, trustee, key employee, or substantial
contributor, or to a person related to such an individual? If 'Yes,' complete Schedule L, Part /fl. . . . . . .. . .. . .. . . .. ...
BAA
TEEA0103L 10113/08
23
24a
24b
25a
25b
26
27
X
X
X
X
X
Farm 990 (2008)
X
Form 990 (2008) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
f.>ifrt!JViio';,." Checklist of Re uired Schedules continued
93-0805586
28 During the tax year, did any person who is a current or former officer, director, trustee, or key employee:
a Have a direct business relationship with the organization (other than as an officer, director, trustee. or employee),
or an indirect business relationship through ownership of more than 35% in another entity (individually or collectively
with other person(s) listed in Part VII, Section A)? If 'Yes,' complete Schedule L, Part IV........ .............. ......
b Have a family member who had a direct or indirect business relationship with the organization? If 'Yes,' complete
Schedule L, Part IV . , . , , .. , , .. , . . . . . .. . , . . , , , , , . , . , , , . , , , , , , , , . , , . . , , , . . . . . . .. . . . , . , , , , , , , , , , , . . . , .. , , ,
, .. , , ,
c Serve as an officer, director, trustee, key employee, partner, or member of an entity (or a shareholder of a professional
corporation) doing business with the organization? If 'Yes,' complete Schedule L, Part IV.............................
29 Did the organization receive more than $25,000 in non-cash contributions? If 'Yes,' complete Schedule M.
30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation
contributions? If 'Yes,' complete Schedule M......................................................................
31 Did the organization liquidate, terminate, or dissolve and cease operations? If 'Yes,' complete Schedule N, Part l.
32 ~~h~~~/~r~n~::Ai~t .S.~I~,. ~~~~.~~~: ~.i~~~.s.~ ~.f: .o.r. ~r~.~~f~.r. ~~~~ .t~~.~ ~.~o. ~~ .i~~ .~~t. :~~~.t~:. ~~ :~~~: '. ~~~~~~t~....
33 Did the or~anization own 100% of an entity disregarded as separate from the organization under Regulations sections
301.7701, and 301.7701,3? If 'Yes,' complete Schedule R, Part ',..",.."."...."..,....."""".."..,..""'"
34 Was the organization related to any tax-exempt or taxable entity? If 'Yes, ' complete Schedule R, Parts II, III, IV, and V.
line ,...... ......... .......................... .......... ...... ..... ............................. ........ ...... ...
35 ~ac;rv,r~);~e~ ~.r~.a.~i~~.t~~~ .~ .c.~~t.r~~I.e.~ ~.~t!~ ~i~~i.~ .t~~. ~~~~~~~. ~~ ~~.~t~~~ .~~~~~~~1.~).~ ./: "~e.~, : ~~n:~./~~~ .~:~~~~/~. ~: .
36 Secti~n ~01~X3l org~nizations. Did the organization ~ake any transfers to an exempt non-charitable related
organization. If Yes, complete Schedule R, Part V, Ime 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is
treated as a partnership for federal income tax purposes? If 'Yes,' complete Schedule R, Part VI............ .........
BAA
TEEA0104L 12/18/08
Page 4
X
28b X
28c X
29 X
30 X
31 X
32 X
33 X
34 X
35 X
36 X
37 X
Form 990 (2008)
1 a Enter the number reported in Box 3 of form 1096, Annual Summary and Transmittal of U.S.
Information Returns. Enter -0- if not applicable.................... ......... 1a
b Enter the number of Forms W.2G included in line 1a. Enter -0- if not applicable.. 1 b
c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming
(gambling) winnings to prize winners? ............... ... .................. .".................. ................
2a Enter the number of employees reported on Form W.3, Transmittal of Wage and Tax Statements, filed for the
calendar year ending with or within the year covered by this return.............................. 2a
2b If at least one is reported on line 2a, did the organization file all required federal employment tax returns?
Note. If the sum of lines 1a and 2a is greater than 250, you may be required to e.fife this return. (see instructions)
3a Did the or~anization have unrelated business gross income of $1,000 or more during the year covered by
this return... _.......................................................................................
b If 'Yes' has it filed a Form 990-T for this year? ff 'No,' provide an explanation in Schedule Q............
4a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a
financial account In a foreign country (such as a bank account, securities account, or other financial account)~.........
b If 'Yes,' enter the name of the foreign country: ~
See the instructions for exceptions and filing requirements for form TO f 90-22.1, Report of Foreign Bank and
Financial Accounts.
5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year?...
b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? ....
c ~r~h~~l~~~ ~~~S~ih~It~~ t~a~~'a~~ro~~e. ~~~~~.i~~~j~.~ ~i.I~. ~~~~ .~~~'. ~i~~~~~~~~ .~~ .~~~~~~~~~~ .~~~i~~ .~~~.a.r~.i~~....
6a Did the organization solicit any contributions that were not tax deductible? .......... ...... ......................
b If 'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were not
deductible? ,....."......".".....,..""....,..".........,...."""""..,....,..""".,."...."""""", 6b
7 Organizations that may receive deductible contributions under section 170(c). ~~ ~S~;: ~m4
a Did the organization provide goods or services in exchange for any quid pro quo contribution of more than $75? . . . . . . . 7 a X
b If 'Yes,' did the organization notify the. donor of the value of the goods or services provided?.. ........... 7b
c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to tile
Form 8282? .. .. .. .. . . .. , .. .. .. . . . .. .. .. .. , , , . . . . .. .. ,
d If 'Yes,' indicate the number of Forms 8282 filed during the year... . . ........ 7d
Form 990 (2008) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
P.artiW!)il;'J Statements Re ardin Other IRS Filin s and Tax Com liance
93-0805586
e Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal
benefit contract? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract?
9 For all contributions of qualified intellectual properly, did the organization file Form 8899 as required? ......
h For all contributions of cars, boats, airplanes, and other vehicles, did the organization file a Form 1098-C as required? .
8 Section 501(c)(3) and other sponsoring organizations maintaining donor advised funds and section 509(a)(3}
supporting organizations. Did the supporting organization, or a fund maintained by a sponsoring organizatIon, have
excess business holdings at any time during the year? . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . .
9 Section 501(c)(3) and other sponsoring organizations maintaining donor advised funds.
a Did the organization make any taxable distributions under section 4966? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Did the organization make any distribution to a donor, donor advisor, or related person?
10 Section 501(c)(7) organizations. Enter:
a Initiation fees and capital contributions included on Part Vill, line 12................... lOa
bGross Receipts, included on Form 990, Part VIII, line 12, for public use of club facilities. lOb
11 Section 501 (c)(12) organizations, Enter:
a Gross income from other members or shareholders.................................. 11a
b Gross income from other sources (Do not net amounts due or paid to other sources against
amounts due or received from them.).................................... 11 b
12a Section 4947(a)(1) non.exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041? ............
b If 'Yes,' enter the amount of tax-exem t interest received or accrued durin the ea[.... 12b
BAA
TEEA0105L 04I08I09
Pa e 5
Sa
5b
x
X
5c
6a
X
7c
X
7e X
71 X
7 X
7h X
~m~
8
~~~
9a
9b
Form 990 (2008 ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586 Pa e 6
Govemance, Management and Disclosure (Sections A, B, and C request information about policies not
required by the Internal Revenue Code.)
Section A. Goveminn Bodv and Mananement
For each 'Yes'response 10 Imes 2,7b below, and for a 'No' ,esponse 10 Imes 8 or 9b below, descnbe Ihe ci,cumslances, Ii Ves No
. "1
processes, or changes In Schedule O. See mstrucflons. ,I lal ' , It"")
;~~I li"'~ ~
1 a Enter the number of voting members of the governing body. . . . . . . "'''' N '
........... .
b Enter the number of voting members that are independent. . . . . . . . . . . . ...... ..... ...,...1 1bl I
~ 1r~
2 Did any officer, director, trustee. or key employee have a family relationship or a business relationship with any other '. I'..:::;
officer, director, trustee or key employee?.... ..... .... ........ ..... .................... ................. .., ....... 2 X
3 Did the organization delegate control over management duties customarily performed by or under the direct supervision
of officers, directors or trustees, or key employees to a management company or other person?. . ....... ... . ......... 3 X
4 Did the organization make any significant changes to its organizational documents 4 X
since the prior Form 990 was filed?... ......... ..... .., .... .... .......... .., .. ....... ..............
S Did the organization become aware during the year of a material diversion of the organization's assets? . .. .... S X
6 Does the organization have members or stockholders?....... .. .... . . . . . . . . . . . . . . . . ....... .., ...... ..... .... 6 X
7 a Does the organization have members, stockholders, or other persons who may elect one or more members of the X
governing body? .......... .... .................. ......... ,.. ........ ....... .......... .... ..... ..... 7a
b Are any decisions of the governing body subject to approval by members, stockholders, or other persons?.. ....... ... 7b X
II II E
8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by ,,~.:~ _' .:!';,f
the following: !t (;;.i
a The governing body?......... .. ...... ....................... ... ............ ..... ........ .... ..... ........ .... .., 8a X
b Each committee with authority to act on behalf of the governing body?.. ...... .. . . . . . . . . . . . ........ ..... .., .... ..... 8b X
9a Does the organization have local chapters, branches, or affiliates?. .... ..... .... . . . . . . . . . . ..... . . . . . . . . . . . . . ...... 9a X
b If 'Yes,' does the organization have written pOlicies and procedures governing the activities of such chapters, affiliates,
and branches to ensure their operations are consistent with those of the organization?.............. .... ............ . 9b
10 Was a copy of the Form 990 provided to the organization's governing body before it was filed? All orWEizations must
describe In Schedule 0 the process, if any, the organization uses to review the Form 990. .SEE. .SC D.ULE. 0...... 10 X
11 Is there any officer, director or trustee, or key employee listed in Part VII, Section A, who cannot be reached at the
o~~~mization's mailinn address? If 'Yes,' provide the names and addresses in Schedule 0.... .. . . . . . .. . . .. . ... ..... .., 11 X
Section B. Policies
12a Does the organization have a written conflict of interest policy? If 'No,' go to line 13..............................
b Are officers, directors or trustees, and key employees required to disclose annually interests that could give rise
to conflicts?.. ...................... ....................
Yes No
12a X
12b X
c Does the organization regularly and consistentJy monitor and enforce compliance with the policy? If 'Yes, ' describe in
Schedule Dhow this is done"", ,SEE ,SCHt;DULE. .0""""..,.""..."...."..,.,.,.."""".."..""".., 12c
13 Does the organization have a written whistleblower policy?.... ..... ............. .....................,....... 13
14 Does the organization have a written document retention and destruction policy?...... ... ............
15 Did the process for determining compensation of the following persons include a review and approval by independent
persons, comparability data, and contemporaneous substantialion of the deliberation and decision:
a The organization's CEO, Executive Director, or top management official?..... .................... ....
bOther ollicers of key employees 01 the organization?" SEE ,SCHEDULE ,0...""""..""..""""",.."""", 1Sb
Describe the process in Schedule O. (see instructions) ~ mi
16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable !l1I ~ '
entity during the year? ............ ...... . .. . ......... .. .... ... 16a
b If 'Yes,' has the organization adopted a written policy or procedure requiring the organization to evaluate its participation ~
in joint venture arrangements under applicable federal tax law, and taken steps to safeguard the organization's exempt ~
status with respect to such arrangements?..................... .......... ....... ....... ........................... 16b
Section C. Disclosures
17 List the states with which a copy of this Form 990 is required to be filed .. _N.Q~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
18 Section 6104 requires an organization to make its Forms 1023 (or 1024 if applicable), 990, and 990,T (501 (c)(3)s only) available for public
inspection. Indicate how you make these available. Check all that apply.
o Own website 0 Another's website [R] Upon request
19 Describe in Schedule 0 whether (and if sO,J., how) the or~anization makes its governing documents, conflict of interest policy, and financial
statements available to the public. SEe SCHEDULE 0
20 State the name, physical address, and telephone number of the person who possesses the books and records of the organization:
~~Q~S~EB_~9~~9~3~~~_~~H~P_Q~JI~~_0~!l~~~~~~~_____________________
BAA
Form 990 (2008)
TEEA0106l 12118/08
Form 990 (2008) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586
lP.aitNJll'1 Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated
Employees, and Independent Contractors '
Section A. Officers, Directors. Trustees, Key Employees, and Highest Compensated Employees
1 a Complete this table for all persons required to be listed. Use Schedule J-2 if additional space is needed.
Page 7
. Lis~ all of the organization's current officers, qirectors. trustees (whether il')dividuals or org~nizations)J regardless of amount of
compensatIon, and current key employees. Enter -0- In columns (0), (EJ. and (F) If no compensallon was paId.
. List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who
received reportable compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099.MISC) or more than $100,000 from the organization and any
related organizations.
. List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of
reportable compensation from the organization and any related organizations.
. List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the
organization, more than $10,000 of reportable compensation from the organization and any related organizations.
List persons in the following order: individual trustees or directors; institutional trustees; officers; key employees; highest compensated
employees; and former such persons.
n Check this box if the ornanization did not comnensate anv officer, director, trustee, or kev emo[o\iee.
(A) (B) (c) (0) (E) (F)
Name and Title Average Position (check all that apply) Reportable Reportable Estimated
00= compensation from compensation from amount of other
per week Q5" ~ g '" 3,g. ~ the organization relatedo~nizatjOllS compensation
g,~ I! ~
0' ~J 3 (W-211099-MISC) (oN.211 -MISC) from the
s: . . .[j! organization
. ~ 3 .
n C 3
!f.!. ~ g n and related
" 0 organizations
:; " ~ ~
.
" 2 . .
. . ,
. ,. ~
. ,.
~
AMY CRUMME KORTH
---------------------
VICE PRESIDENT 0 X X 0, 0, 0,
_M.!~~~~ Jll1~IS. n _ _ _ _ _ _ n _
TREASURER 0 X X 0, 0, 0,
MIA DRISCOL
---------------------
SECRETARY 0 X X 0, o. 0,
MIDGE BINNEWIES
--------------------,
PRESIDENT 0 X X 0, 0, 0,
JANEL SALAZAR
--------------------
DIRECTOR 0 X o. 0, 0,
TOM DALTON
--------------------
DIRECTOR 0 X o. 0, 0,
DONNA CONVERSE
---------------------
DIRECTOR 0 X o. o. 0,
CHRIS HINCE
---------------------
DIRECTOR 0 X o. 0, 0,
.?~ _C~EB_ _ _ _ _ _ _ _ _ _ __
EXECUTIVE DIREC 0 X 37, 777 , 0, o.
--------------------
---------------------
---------------------
---------------------
---------------------
---------------------
---------------------
---------------------
BAA
TEEA0107L 04/24/09
Form 990 (2008)
Form 990 (2008) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
93-080SS86
Page 8
IIRanwmt Section A. Officers Directors Trustees. Kev Emnlovees and Hiohest Comnensated Em~ lovees (cont.)
(A) (8) (c) (0) (E) (F)
Name and Title Average Position (check alllhat apply) Reportable Reportable Estimated
"""" H ~ compensation from compensation from amount of other
per week Qa a Q '" the~ization related~nizations compensation
" .
@o~: ~ ~ 3 (!tN.211 -MISC) (W-211 .MISt) """,!he
0 .
. ~ . . organization
o c f 3
Q"!ll ~ and related
2 !l ~ organizations
.
" 2 . .
. . ~
. "
. "
~
---------------------------
----------- ----------------
- --------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
---------------------------
1 b Total ..... .... ..... .. .. ...... ....... .. .. ......... .... .., ........ .. .. .... ~ 37, 777, O. 0,
2 Total number of individuals (including those in 1a) who received more than $100,000 in reportable compensation from the
or anization .. 0
3 Didl.the or~an~tio~ list any former officer, directo~ or. t~ustee. key employee, or highest compensated employee
on me la. If Yes, complete Schedule J for such individual......................... ............. ............
4 For any individual listed on line la. is the sum of reportable compensation and other compensation from
~di~~u~7i~~.t~~~ .~~~.~~I~.t~~. ~~~~~.i~~~i~.~~ :.r~~"~~.t~.~~ .~~~:~~:.I.f. '.~~~~ ~~.~~.l~~~ .~~~~.~I~. ~ .f~~.~~~~....... ..
5 Did any person listed on line 1a receive or accrue compensation from any unrelated organization for services
rendered to the or anization? If 'Yes,' com lete Schedule J for such erson..................................
Section B. Independent Contractors
, Complete this table for your five highest compensated independent contractors that received more than $100,000 of
comoensation from the ornanization.
(A) (B) (C)
Name and business address Descriotion of Services Comocnsation
2 Total number of independent contractors (including those in 1) who received more than $100,000 in i?fi;.~liil-..#'..""ti;'J~h~y,;.iliJ
"~,;:m~'...,.."...-..r,. :~,. "."\1'1''''.
comoensation from the organization 0 ;~~/~ ':.;,i)fi~1r~:;;!;lN:"r)t~
~ .""l~i:$"'''~''"' ~"~-nfl;:\li
;;:";~" wJ1.5<Ult:&: '-~i;')',;;i'^
BAA
TEEA0108L 10/13108
Form 990 (2008)
93-0805586
Page 9
(C)
Unrelated
business
revenue
(0)
Revenue
excluded from tax
under sections
512, 513, or 514
"
~ ~ 1 a Federated campaigns.
::i~ b Membership dues..... .....
"'0
~::E C Fundraising events..
~'"
~ S d Related organizations.....
u)i! e Government grants (contributions). . . . .
~(;j
i= ffi f All other contributions, gifts, grants, and
~ ~ similar amounts not included above. . . 1 f
~ ~ 9 Noncash contribns included in Ins la-lt... $
8...: h Total. Add lines la-H. ............
8,143.
'"
=>
z
'"
;:;
a:
'"
u
;;
a:
'"
~
:E
'"
a:
"
o
a:
~
Business Code lr.b'::. .
2a MENTAL HEALTH
-----------------
bROOM & BOARD
-----------------
e
d
e
------------------
All other program selVice revenue. . .
Total.Addlines2a.2f................... ~ 991,673. ~~\Rili!i:W;~$k'lill~
3 Investment income (including dividends, interest and
other similar amounts)......................
4 Income from investment of tax.exempt bond proceeds ...
5 Royalties............. .........
12,071.
12,071.
~
(0 Securities
~
(i) Real
6a Gross Rents. 21,400.
b Less: rental expenses.
e Rental income or (loss) .. 21,400.
d Net rental income or Ooss). . . . . . . . . . .
(ii) Personal
(ii) Other
'"
=>
z
~
a:
a:
'"
i5
7 a Gross amount from sales of
assets other than inventory. .
b less: cost or other basis
and sales expenses .
c Gain or (loss).........
d Net gain or (loss). . . . . . . . . . . . . . .
Sa Gross income from fundraising events
(not includin~ $
of contributions reported on line 1 c).
See Part IV, line 18................. a
b Less: direct expenses. . b
c Net income or (loss) from fundraising events. .
9a Gross income from gaming activities.
See Part IV, line 19.............. a
b Less: direct expenses. . . . .. .. .. . . . .. b
c Net income or (loss) from gaming activities. . . . . . . .
lOa Gross sales of inventory, less returns
and allowances... ..... ............. a
b Less: cost of goods sold. . . . . . . . . . " b
c Net income or (loss) from sales of invento
Miscellaneous Revenue
"""'",,"""""""'""""
iii1}:W~~n
ml1iW~J,,,<~
11a
b
e
------------------
d All other revenue...............
e Total. Add lines lla-lld. .............
~
~~~S~~~1}~']l.;~~~~~:;; {~~~;;;~;~lqtr;~;~:::.., - ::ii itL~~~:$11~~14'f.:r~
12 Total Revenue. Add lines lh. 2g. 3, 4, 5, 6d. 7d. &, ge.
lOe, and lie............... .......................... 1,033,287.
BAA TEEA0109l 1211812008
21,400.
O. 1,003,744.
Form 990 (2008)
.
Form 990'(2008) ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586
Pai'f1XIlE Statement of Functional Ex enses
Section 501(c)(3) and SOl(cX4) organizations must complete all columns.
All other organizations must complete column (A) but are not required to complete columns (8), (C), and (0).
Do not include amounts reported on fines
6b 7b Db 9b, and lOb of Part VIII.
1 Grants and other assistance to governments
and organizations in the U.S, See Part IV,
line 21. . . . . . . . . . . . . . .
2 Grants and other assistance to individuals in
the U.S. See Part IV, line 22. .
3 Grants and other assistance to governments,
organizations, and individuals outside the
U.S. See Part IV, lines 15 and 16............
4 Benefits paid to or for members. . . . . .
5 Compensation of current officers. directors,
trustees, and key employees. . . . . . . . . . . . . . . .
6 Compensation not included above. to
disqualified persons (as defined under
section 4958(f)(1) and persons described In
section 4958(c)(3)(8)
7 Other salaries and wages. . . .
8 Pension plan contributions (include section
401 (k) and section 403(b) employer
contributions). . . . . . . . . . . . . .
9 Other employee benefits. .
10 Payroll taxes...................
11 Fees tor services (non.employees)..........
a Management. .........
b Legal........ ...........
cAccountlng. .................
d Lobbying...... .............
e Prof fundraising svcs. See Part IV, In 17..
f Investment management fees. . .
9 Other.
12 Advertising and promotion.
13 Office expenses. .........
14 Information technology.
15 Royalties............................
16 Occupancy.
17 Travel... . ... . ........ .
18 Payments of travel or entertainment
~~~s;~~~I:.~~ :~~~~~~'. ~~~~~'.:~ ~:~~~...
19 Conferences, conventions, and meetings...
20 Interest........ _ .. . . . . .
21 Payments to affiliates.
22 Depreciation, depletion, and amortization.....
23 Insurance........ ......... ..... ... ..
24 Other expenses. Itemize expenses not
covered above. (Expenses grouped together
and labeled miscellaneous may not exceed
5% of total expenses shown on line 25
below.) . . . .. . . . . . . . . . . . . . . . . . . .
. FOOD
bUTILITIES--------------
cINSURANCE--------------
d~Q~p1Ii~============_
e~f[IS~y~~~~~~________
f All other expenses.... ................
25 Total functional ex nses. Add lines 1 throu h 24f.
26 Joint Costs. Check here ~ if following
SOP 98.2. Complete this line onll'. if the
organization reported in column (1:3) joint
costs from a combined educational
cam ai nand fund raisin solicitation..
BAA
. Pa e 10
(A)
Total expenses
(8)
Program service
ex enses
37,777.
o.
37,777.
o.
O.
544,322.
O.
504,921.
O.
39,401.
o.
87 750.
49,404.
82 525.
42,965.
5 225.
6,439.
11 082.
363.
10,719.
831.
1,056.
345.
4.
486.
1,052.
24 802.
9 883.
12 666.
7,401.
12,136.
2,482.
8 312.
8,312.
31 869.
23,332.
8,537.
30,731. 30,850. -119.
16 854. 15,551. 1,303.
9,134. 8,034. 1,100.
7 368. 7,267. 101.
5 004. 2,551. 2,453.
16 174. 11,092. 5,082.
892,353. 749,867. 141,434. 1,052.
Form 990 (2008)
TEEAOllOl 12119108
93-0805586
SUPPORTIVE HOUSING AND COMMUNITY
(A)
Beginning of year
95,395. 1
31,170. 2
3
74,337. 4
1 Cash - non-interest-bearing. .....
2 Savings and temporary cash investments
3 Pledges and grants receivable, net.. .
4 Accounts receivable, net. . . . . . . . . . . . .
5 Receivables from current and former officers, directors, trustees, key employees,
or other related parties. Complete Part II of Schedule L. . . . . . . . . . . . . . . . . . . . .
6 Receivables from other disqualified persons (as defined under section 4958(f)(1))
and persons described in section 4958(c)(3)(B). Complete Part II of Schedule L ..
7 Notes and loans receivable, net. . . .
8 Inventories for sale or use.
9 Prepaid expenses and deferred charges. . . . . . .
lOa Land. buildings, and equipment: cost basis....
b Less: accumulated depreciation. Complete Part VI of
Schedule D.. ...........
11 Investments - publicly-traded securities. .....
12 Investments - other securities. See Part IV, line 11... .........
13 Investments - program.related. See Part IV, line 11...
14 Intangible assets.................................... .........
15 Other assets. See Part IV, line 11. ............ ..........
16 Totalassels. Add lines 1 throu h 15 (must equal line 34) ..... ..............
17 Accounts payable and accrued expenses........ .....................
18 Grants payable. ....... ..... ......... . .................... .....
19 Deferred revenue................
~ 20 Tax.exempt bond liabilities..
~ 21 Escrow account liability. Complete Part IV of Schedule O. ......
[ 22 Payables to current and former officers, directors, trustees, key employees,
I highest compensated employees, and disqualified persons. Complete Part II
T
I of Schedule L . . . . . . . . . . . . . .
E
5 23 Secured mortg;:.Jes and notes payable to unrelated third parties.
24 Unsecured notes and loans payable. . . . . . . . . . . .
25 Other liabilities. Complete Part X of Schedule D.
26 Total liabilities, Add lines 17 throu h 25......
, Organizations that follow SFAS '17, check here'" X and complete lines
27 through 29 and lines 33 and 34.
j 27 Unrestricted net assets....... .......................
; 28 Temporarily restricted net assets........... ............................
29 Permanently restricted net assets..............................................
R Organizations that do not follow SFAS "7, check here'" 0 and complete
H lines 30 through 34.
o 30 Capital stock or trust principal, or current funds. . . . . . . . . . . . . . . . . . . . . . .
I 31 Paid-in or capital surplus, or land, building, and equipment fund. ............... .
k 32 Retained earnings, endowment, accumulated income, or other funds. ............
~ 33 Total net assets orfund balances... . . . . . . . .. .. . . . . .. . .. . . .. . . . . .
S 34 Total liabilities and net assets/fund balances... .................................
'~ar:t}X11!ii Financial Statements and Re ortin
Page' ,
End ~?year
155,505.
42,945.
76,505.
5
~~::;:~t;;'~'.i~~V~~~ t~~ :.<tk,"";(~:!;;~-?i~.;-,:.r'1-~~!t;;1-;-4
~:3S;~:. ,~,~~"':,....",,'"'Cr' ;;;i;..'1: ~~i'\<'~~...E;..",-",i,l...\t:~J~]
A
S
S
E
T
5
lOa
1,275,541.
lOb
244,456.
1,033,574. 10c
223,222. 11
12
13
14
3,955. 15
1,475,597. 16
8,088. 17
18
19
20
21
\.~::"~;',:'''J::~;:S31Y-i'-:1t-:0.~ "~~ tai>.";,
",,-,""'(1' '~IY"(p.fJ1 -"-5" ~'~
~6"::"""~{'~1~~~':ib~ ,'-""'
22
132,609. 23
24
135 686. 25
276,383. 26
1~~~'~;i~.~~__,.~ ",::,,-~
~%,;::t<~'~l<.~t,~ J" >I, . ~ ". _".
~:::'~~~r~'?;;I: ." , . . . ~~".
1 199 214. 27
28
29
8,939.
1,543,282.
6,458.
~-!~~~;it~fr~~1
77 ,508.
140 544.
224,510.
30
31
32
1 199 214. 33
1 475,597. 34
1 Accounting method used to prepare the Form 990: 0 Cash [RJ Accrual 0 Other
2a Were the organization's financial statements compiled or reviewed by an independent accountant?...................
b Were the organization's financial statements audited by an independent accountant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c If 'Yes' to 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit,
review, or compilation of its financial statements and selection of an independent accountant? .. . . ..... . . . ......... .
3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single
Audit Act and OMS Circular A.133?.............................................................................
b If 'Yes,' did the organization undergo the required audit or audits?.... .. ....... .
BAA
TEEA0111l 12f22108
1,318 772.
1,543,282.
Yes No
<iffi1"~1f;,1li::'~,~
~:;;'-o';:' p- \",.. ~-<:""
2a X
2b X
2c X
3a X
3b
Form 990 (2008)
.
OMS No.1 545-0047
SCHEDULE A
(Fonn 990 or 99O-EZ)
Public Charity Status and Public Support
To be completed by all section 501 (cX3) organizations and section 4947(a)(1)
nonexempt charitable trusts.
~ Attach to Fo"" 990 or Fann 99O-EZ. ~ See separate instructions.
2008
Department of the Treasury
Internal Revenue Service
93-0805586
see instructions
Name of the m,,";zatioo ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
, OUTREACH, INC.
:Rai'Uil! Reason for Public Chari Status All or anizations must com
The organization is not a private foundation because it is: (please check only one organization.)
1 ~ A church, convention of churches or association of churches described in section 170(bX1XA)(i).
2 A school described in section l7O(b)(1XA)(ii). (Attach Schedule E.)
3 A hospital or cooperative hospital service organization described in section 170(bX1XA)(iii). (Attach Schedule H.)
4 A medical research organization operated in conjunction with a hospital described in section 170(b)(1XA)(iii). Enter the hospital's
name, city, and state: _ _ _ ___~___ ____ _ __ __ _________ __ __ _ ___ _ ____ __ _ ____ _____
5 0 An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section
l7O(b)(1XA)(iv). (Complete Part II.)
6 0 A federal, state, or local government or governmental unit described in section 170(b)(1XAXv).
7 D An organization that normally receives a substantial part of its support from a governmental unit or from the general public described
in section 17O(b)(1XAXvi). (Complete Part 11.)
8 0 A community trust described in section 170(b)(1XAXvi). (Complete Part 11.)
9 ~ An organization that normally receives: (1) more than 33.113 % of its support from contributions, membership fees, and gross receipts
from activities related to its exempt functions - subject to certain exceptions, and (2) no more than 33-1/3 % of its support from gross
investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after
June 30, 1975. See section 509(aX2~ (Complete Part 111.)
10 D An organization organized and operated exclusively to test for public safety. See section 509(aX4). (see instructions)
11 0 An organization organized and operated exclusively for the benefit of, to perform the functions of, or carry out the purposes of one or
more publicly supported organizations described in section 509(a)(1) or section 509(a)(2). See section 509(0)(3). Check the box that
describes the type of supporting organization and complete lines 11 e through 11 h.
a DType I b DType iI c 0 Type III - Functionally integrated dO Type 111- Other
e 0 By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other
than foundation managers and other than one or more pUblicly supported organizations described in section 509(a)(1) or section
509(a)(2).
If the or~anization received a written determination from the IRS that is a Type I, Type II or Type III supporting organization,
check thIS box. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
Since August 17,2006, has the organization accepted any gift or contribution from any of the fOllowing persons?
o
9
Yes No
h
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii) and (iii)
below, the governing body of the supported organization?.............................................. 11
(ij) a family member of a person described in (i) above? . . . . . . . . . . . . . . . . 11
(iii) a 35% controlled entity of a person described in (i) or (ii) above?. .......... 11
Provide the followin information about the organizations the or anization sup arts.
(I) Name of Supported . (ij) EIN (iii) Type of organization (iv) Is the (v) Did you nolify
Organization (described on lines 1.9 organization in col. the organization In
above or IRe section (i) listed In your col. (i) of
(see instn.lctions)) ~::r? your support?
(VI) Is the
organization in cot
(i) organized in the
U.S.?
(vii) Amount of Support
Yes
No
Yes
No
Yes
No
Total
BAA For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form 990.
TE.EA0401L 12/17108
Schedule A (Form 990 or 990.EZ) 2008 ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586
lJ:!aftllllilSupport Schedule for Organizations Described in Sections 170(bX1XAXiY) and 170(bX1XAXYi)
(Complete only if you checked the box on line 5, 7, or 8 of Part I.)
Section A. Public Su rt
Page 2
Calendar year (or fiscal year (a) 2004 (b) 2005 (c) 2006 (d) 2007 (e) 2008 (I) Total
beginning in) ...
1 Gifts. grants. contributions and
membership. fees received. 'fO
not include 'unusual grants.' . . .
2 Tax revenues levied for the
organization's benefit and
~~~r; g:~~I\O. i". ~~ .e.~~~~~~.~ . . .
3 The value of services or
facilities furnished to the
organization by a governmental
umt without charge. Do not
include the value of services or
facilities generally furnished to
the public without charge. . . .
4 Total. Add lines 1-3.
5 The portion of total
contributions by each person
(other than a governmental
unit or publicly supported
organization) included on line 1
that exceeds 2% of the amount
shown on line 11, column (f)...
6 Public support. Subtract line 5
from line 4......... ....... ....
Section B. Total Su ort
Calendar year (or fiscal year (a) 2004 (b) 2005 (c) 2006 (d) 2007 (e) 2008 (I) Total
beginning in) ~
7 Amounts from line 4. . . .
8 Gross income from interest.
dividends, payments received
on securities loans, rents,
royalties and income form
similar sources. . . . .
9 Net income form unrelated
business activities, whether or
not the business is regularly
carried on.
10 Other income. Do not include
gain or loss form the sale of
capital assets (Explain in
Part IV.)......................
11 [h~~;h~r.rt.. A.dd .Ii.nes? . . . . .
12 Gross receipts from related activities, etc. (see instructions)..
...--... ..~....
1!!~' ','2:;
- ". .;.
. '.
.-- <- -. .
12
13 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501 (c)(3)
organization, check this box and stop here. . . . . . .. . . . . . . .. . . . . _ _ . . . . . . . . . .. . . . . . .
Section C. Com utation of Public Su ort Percenta e
14 Public support percentage for 2008 (iine 6, column (I) divided by line 11, column (I)........
15 Public support percentage for 2007 Schedule A. Part IV.A, line 261................. ......... ...............
~o
14
15
%
%
16a 33.1/3 support test - 2008. If the organization did not check the box on line 13, and the line 14 is 33-113 % or more, check this box
and stop here. The organization qualifies as a publicly supported organization.. . .. .. .. .. .. . . . .. . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. 0
b 33-1/3 support test - 2007. If the organization did not check a box on line 13, or 16a, and line 15 is 33.1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization.. . .. . . . . . .. . . . . . . .. . .. . . . . . . . .. . . . . . . . . . .. . . .. . . .. .. 0
17a 10%-facts-and-circumstances test - 2008. If the organization did not check a box on line 13, 16a, or 1Gb, and line 14 is 10%
or more, and if the organization meets the 'facts-and-circumstances' test, check this box and stop here. Explain in Part IV how
the organization meets the 'facts-and-circumstances' test. The organization Qualifies as a pUblicly supported organization_ . . . . . . .. .. 0
b 10%-facts-and~circumstances test - 2007. If the organization did not check a box on line 13, 16a, 1Gb, or 17a, and line 15 is 10%
or more, and if the organization meets the 'facts.and-circumstances' test, check this box and stop here. Explain in Part IV how the
organization meets the 'facts-and.circumstances' test. The organization Qualifies as a publicly supported organization. ..
18 Private foundation. If the organization did not check a box on line, 13, 16a, 1Gb, 17a, or 17b, check this box and see instructions.. ~
BAA Schedule A (Form 990 or 990.EZ) 2008
TEEA0402l 12117108
Schedule A (Form 990 or 990-EZ) 2008 ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
lJ~art1111gi,1 Support Schedule for Organizations Described in Section 509(a)(2)
(Complete only if you checked the box on line 9 of Part I.)
Section A. Public Su ort
Calendar year (or fiscal yr beginning in).
1 Gifts, grants, Contributions and
membership. fees received. (Do
not include 'unusual grants.'). _ .
2 Gross receipts from
admissions, merchandise sold
or services performed, or
facilities furnished in a activity
that is related to the
organization's tax-exempt
purpose. . . . . .
3 Gross receipts from activities that are
not an unrelated trade or business
under section 513 . . .
4 Tax revenues levied for the
organization's benefit and
either paid to or expended on
its behalf.
5 The value of services or
facilities furnished by a
governmental unit to the
organization without charge. .
6 Total. Add lines 1.5. . . . . . . .. .
7 a Amounts included on lines 1,
2, 3 received from disqualified
persons....... .................
b Amounts included on lines 2
and 3 received from other than
disqualified persons that
exceed the greater of 1 % of
the total of lines 9, 1 Dc, 11,
and 12 for the year or $5,000..
c Add lines 7a and 7b .
8 Public support (Subtract line
7c from line 6. .... . . . . . . . . .
Section B. Total Su ort
Calendar year (or fiscal yr beginning in) ...
9 Amounts from line 6. ..
lOa Gross income from interest,
dividends, payments received
on securities loans, rents,
royalties and income form
similar sources....
b Unrelated business taxable
income (less section 511
taxes) from businesses
acquired after June 30, 1975.
c Add lines lOa and lOb.........
11 Net income from unrelated business
activities not included inline lOb,
whether or not the business is
regularly carried on. . . . . . . . . .
12 Other income. Do not include
gain or loss from the sale of
capital assets (ExQlain in
Part IV.). SEE. PART.. IV....
13 Total support. ("" 1m g. "<. 11. "".) i!,Sl!Wj![~Fl!lir~% ,il1!1!'ll1i~'~~
14 ~~tn7::ti~~~r~,;~~~htti~ob~ ~~i~t~o; ~~~e ~~~~~i.~~t~~~:~ .fi.r~~,. ~:.~~~~: ~~~r~:. ~~~~t~: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~
Q
Section C. Com utation of Public Su ort Percenta e
15 Public support percentage for 2008 (line 8, column (I) divided by line 13, column (I))..........................
16 Public su ort percentage from 2007 Schedule A, Part IV.A, line 27g........... ...... ...................
Section D. Com utation of Investment Income Percenta e
17 Investment income percentage for 2008 (line lOc, column (I) divided by iine 13, column (I)).................... 17 0.7 %
18 Investment income percentage trom 2007 Schedule A, Part IV.A, line 27h.. 18 0.0 %
19a 33-1/3 support tests - 2008. If the organization did not check the box on line 14, and line 15 is more than 33.113%, and line 17 is not fVl
more than 33.113%, check this box and stop here. The organization qualifies as a publicly supported organization........ .... . . ... ~ ~
b 33-1/3 support tests - 2007. If the organization did not check a box on line 14 or 19a, and line 16 is more than 33-113%, and line 18
is not more than 33-113%. check this box and stop here. The organization Qualifies as a publicly supported organization. ~
20 Private foundation. If the or anization did not check a box on line 14, 19a, or 19b, check this box and see instructions. ~
BAA TEEA0403L 01129/09 Schedule A (Form 990 or 990.EZ) 2008
.
93-0805586
(a 2004
2005
(d) 2007
e 2008
(c) 2006
14,137.
7,608.
5,269.
23,860.
138,982.
786,558.
903,615.
991,673.
843,152.
858,380.
800,695.
911,223.
996 942.
997,362.
867,012.
o.
o.
o.
o.
o.
O.
o.
O.
o.
O.
o.
O.
f~~jL~~~~
~t::;F~M~
a 2004
800,695.
(d) 2007
911,223.
e 2008
996,942.
2005
867,012.
c 2006
997,362.
18,215.
12,071.
o.
12 071.
o.
o.
18 215.
Page 3
I) Total
189,856.
4,383,378.
o.
o.
O.
4 573,234.
o.
o.
o.
O.
o.
O.
4,573,234.
I) Total
4,573,234.
30,286.
O.
30,286.
o.
7,500. 21,400. 28,900.
l~~lit~~t"'~ ~fi;!tj1~'lg 4, 632,420.
or fifth tax year as a section 501 (c)(3)
15
16
98.7%
100.0%
.
Schedule A (Form 990 or 990.EZ) 2008 ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586 Page 4
l'eait!IV;r,1 Supplemental Information. Complete this part to proyide the explanation required by Part II, line 10;
Part II, line 17a or 17b; or Part III, line 12. Provide any other additional information. (see instructions)
BAA
TEEA0404l 10107108
Schedule A (Form 990 or 990-EZ) 2008
.
2008 SCHEDULE A, PART IV - SUPPLEMENTAL INFORMATION PAGE 5
ASHLAND SUPPORTIVE HOUSING AND COMMUNITY
CLIENT ASHC173 OUTREACH, INC. 93-0805586
1/13/10
1 1:44AM
PART III, LINE 12 - OTHER INCOME
NATURE AND SOURCE
2008
2007
2006
2005
2004
RENTS
21,400.
TOTAL $ 21,400. $
7,500.
7,500. $
o. $
o. $
o.
.
SCHEDULE D
(Form 990)
Supplemental Financial Statements
OMS No. 1545-0047
Department of the Treasury Attach to Fonn 990. To be completed by organizations that f...~QJfenitote'U..bliCf.~~..~
Internal Revenue Service answered 'Yes,' to Form 990, Part IV,lines 6, 7, 8, 9, 10, '1, or 12. ~~lnsneCtion"W~1
:~=~a;;;ORTIVE HOUSING AND COMMUNITY I;;:~;;;~~~ti~numb~
ri>,a-rt1J~rOrganizations Maintaining Donor Adyised Funds or Other Similar Funds or Accounts Complete if
the organization answered 'Yes' to Form 990, Part IV, line 6.
2008
(a) Donor advised funds (bl Funds and other accounts
1 Total number at end of year. ..... ....
Z Aggregate contributions to (during year). .
3 Aggregate grants from (during year) . .......
4 Aggregate value at end of year. ........
5 Did the organization Inform all donors and donor advisors In writIng that the assets held In donor advIsed
funds are the organization's property, subject to the orgamzatlon's exclusIve legal control' 0 Yes DNa
6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds may be
used only for charitable purposes and not for the benefit of the donor or donor advisor or other
impermissible private benefit?? . ........................................ Yes No
:~aitm~ Conservalion Easements Com lete if the or anization answered 'Yes' to Form 990, Part iV, line 7.
1 Purpose(s) of conservation easements held by the organization (check all that apply).
~ Preservation of land for public use (e.g., recreation or pleasure) B Preservation of an historically important land area
Protection of natural habitat Preservation of certified historic structure
Preservation of open space
2 Complete lines 2a-2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day
a
b
of the tax vear.
1",,'1;:,1. Held atthe End o( the Year
Total number of conservation easements. ..... .... ......... .... ....... ....... .... Za
Total acreage restricted by conservation easements... Zb
Number of conservation easements on a certified historic structure included in (a). .. ... Ze
Number of conservation easements included in (c) acquired after 8/17/06. Zd
e
d
3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the taxable
year ..
4 Number of states where property subject to conservation easement is located ..
5 Does the organization have a written policy regarding the periodic monitoring, inspection, violations, and
enforcement of the conservation easement it holds? .......................... ....... DYes
6 Staff or volunteer hours devoted to monitoring, inspecting, and enforcing easements during the year ..
7 Amount of expenses incurred in monitoring, inspecting, and enforcing easements during the year" $
o No
8 Does each conservatIon easement reported on Ime 2(d) above satisfy the reqUirements of sectIon
170(h)(4)(8)(I) and 170(h)(4)(8)(II)?....... ....................... ........ ... .. .... 0 Yes 0 No
9 In Part XIV, describe how the organization reports conservation easements in its revenue and expense statement, and balance sheet, and
include, jf applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for
conservation easements.
l'P.artWIJj Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets
Complete if the organization answered 'Yes' to Form 990, Part IV, line 8.
1 a If the organization elected, as permitted under SF AS 116, not to report in its revenue statement and balance sheet works of art, historical
treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide, in Part XIV,
lhe text of the footnote to its financial statements that describes these items.
b If the organization elected, as permitted under SFAS 116, not to report in its revenue statement and balance sheet works of art, historical
treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following
amounts relating to these items:
(i) Revenues included in Form 990, Part VIII, line 1...... .......................... "'$
(ii) Assets included in Form 990, Part X . . . . . . . . . .' ,........... . . . . . . . . . . . . . . . . . . . . . . . .. ~ $
2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following
amounts required to be reported under SFAS 116 relating to these items:
a Revenues included in Form 990, Part Vllt, line 1... ..... .. .. . .. .... . . . . . . . ...
b Assets included in Form 990. Part X......
~$
~$
BAA For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form 990.
Schedule 0 (Form 990) 2008
TEEA3301l 12123t08
.
. Schedule 0 (Form 990) 2008 ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586 Pa e 2
P.liit111111 Or anizations Maintainin Collections of Art Historical Treasures or Other Similar Assets continue
3 Using the organization's accession and other records, check any of the following that are a significant use of its collection items (check all
that apply):
a ~ Public exhibition
b Scholarly research
c Preservation for future generations
4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in
Part XIV.
5 During the year, did the organization solicit or receive donations of art, historical treasures, or other similar
assets to be sold to raise funds rather than to be maintained as part of the or anization's collection? . . . ... Yes No
PartlW Trust, Escrow and Custodial Arrangements Complete if organization answered 'Yes' to Form 990, Part
IV, line 9, or reported an amount on Form 990, Part X, iine 21.
d 8 Loan or exchange programs
e Other
1 a Is the organization an agent, trustee. custodian, or other intermediary for contributions or other assets not
included on Form 990, Part X?.... .." ............................."..
b If 'Yes,' explain the arrangement in Part XIV and complete the following table:
DYes
DNo
Amount
1 c
ld
1.
11
1 a Beginning of year balance.
b Contributions. . . . . . . . . .
c Investment earnings or losses.
d Grants or scholarships. . . .
e Other expenditures for facilities
and programs. . . . .
f Administrative expenses. .
9 End of year balance.
2 Provide the estimated percentage of the year end balance held as:
a Board designated or quasi-endowment .. %
b Permanent endowment .. %
c Term endowment .. %
3a Are there endowment funds not in the possession of the organization that are held and administered for the
organization by: Yes No
(i) unrelated organizations ...... .... ... ......... ................ .................................... I
(ii). related organizations. .. . . . . . . .. . . .. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . .. . . . . . . . . . .. . . . . .. 3a Ii
b If 'Yes' to 3a(ii), are the related organizations listed as required on Schedule R?.................... . .. ........ ... 3b
4 Describe in Part XIV the intended uses of the oraanization's endowment funds.
I Rar'tNIIJlnyestments-Land Buildinas and Enuinment. See Form 990, Part X, line 10.
Description of investment (a) Cost or othe~)basis (b~ Cost or other (c) Depreciation (d) Book Value
(investment asis (other)
18 Land.......... . . . . . . . . . . . . . . . . . ....... ... 357,746. iWjIIif,'J~_~il!l 357,746.
b Buildings. . . .. . . . . . . . . . . . ....... ....... .. .. 888,415. 223,030. 665,385.
c leasehold improvements. . . ......... ......
d Equipment. .... ........... ... .. ...........
eOther.... ....................... . . . . . . . . . . 29,380. 21,426. 7,954.
Total. Add lines la.1e (Column (d) should enual Form 990, Part X, column (8), line 10(c).)........... ... ......... . 1,031,085.
BAA
Schedule 0 (Form 990) 2008
TEEA3302l 12123108
.
.
Schedule 0 (Form 990) 2008 ASHLAND SUPPORTIVE HOUSING AND COMMUNITY 93-0805586
P-ai1MI~ Investments other Securities See Form 990 Part X line 12. N/A
(a) Description of security or category (b) Book value (e) Method of valuation
Includin name of securi Cost or end.of- ear market value
Financial derivatives and other financial products. . . .
Closely-held equity interests........... ... . ...........
Other
Page 3
Total. (Column (Ii) should equal Form 990 Part,l; col. (8) line /2.) ~ m;:;f,;;;:",!j,~il'~"Jiii.~~i~~c~s'f~:\\1'~
See Form 990, Part X, line 13 N/A
(b) Book value (e) Method of valuation
Cost or end-of. ear market value
llifu~~~~~~1~4ffitJ~~1~~fui;i~~'11i~~~~~tr:J
N/A
) Book value
Total. Column ~ Total should equal Form 990, Part X, col.(8), line /5).........
Ral't~X~ Other Liabilities See Form 990, Part X, line 25
a Oescri tion of Liabilit (b
Federal Income Taxes
ACCRUED EXPENSES
ACCRUED PAYROLL
ACCRUED VACATION PAYABLE
DUE TO JACKSON COUNTY
~
Total. Column (Ii) ToWI (should e ual Form 990, Part,l; rol. (8) line 25) ~ 140, 544 .
In Part XIV, provide the text of the foolnole to the organization's financial statements that reports the organization's liability for uncertain tax
positions under FIN 48.
BAA TEEA3303L 10/29/08 Schedule 0 (Form 990) 2008
.
.'
.
Schedule 0 (Form 990) 2008 PPORTIVE HOUSING AND COMMUNI - Pane 4
l:""F.!ifrtJeXI:lliTReconciliation of Chanae in Net Assets from Form 990 to Financial Statements N/A
1 Total revenue (Form 990, Part VIII,column (A), line 1~................................................. .......
2 Total expenses (Form 990, Part IX, column (A), line 25) . . . . . . . . . . . . ... .......... ..... "H_ ...H......... ....
3 Excess or (deficit) for the year. Subtract line 2 from line 1....... .... ...... . . . . . . . . . . . . . . . ......... ...... ......
4 Net unrealized gains (losses) on investments. . . . . . . . ..... ....... .............. .. ...... ..... .............. ....
S Donated services and use of facilities. ... ........... ..... ,. ,. ........ .. ........ ...... ........ ........... ......
6 Investment expenses. . ....... ...... ... .... .... ... ....... .............. ... .... .......... ......... ,.
7 Prior period adjustments. . . . ............ .... .... ,., .... ... ... ...... .... ....... .. ........ ... .--...
8 Other (Describe in Part XIV)... ,. ...... ..... .... ... ... ...... ... ..... ,. .... ... ... ..... ..... ......
9 Total adjustments (net). Add lines 4-8.. ,.. .... ......... ...... ... ......... .... ................. .......
10 Excess or (deficit) for the year per financial statements. Combine lines 3 and 9. . .............. ..... ........
r'F.!aitrXII~J Reconciliation of ReyenueDer Audited Financial Statements With Reyenue oer Return N/A
1 Total revenue, gains, and other support per audited financial statements. ... ..... ....... ................ 1
Z Amounts included on line 1 but not on Form 990, Part VIII, line 12: Fi:a~:j!'
r.>F
a Net unrealized gains on investments. . ... ........ .......... .. .... ...... ..... 2a '"ffil'<<
'Ji, 1-,; - ~
b Donated services and use of facilities. 2b 'f
....... ................... ~"~<
c Recoveries of prior year grants. ...... .,. ... ................ ...... .. ..... 2e ;1
',W, "
d Other (Describe in Part XIV). . ................ .... .............. ....... ... 2d ~;Jt
e Add lines 2a through 2d . . . . , . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . ..... ........ .. ...... ................. .... Ze
3 Subtract line 2e from line 1. . .. . .. .. . . .. .. . . . . . . . . . . . . . . . . . . . .. . . . . . .... .......... ................. .... 3
4 Amounts included on Form 990, Part VIII, line 12, but not on line 1: I
.. ,
a Investments expenses not included on Form 990, Part VIII, line 7b. .. ......... 4a . ' ~
bOther (Describe in Part XIV)........,............... ............ ........ ..... 4b
e Add lines 4a and 4b . . . . . . . ................ . . . . . . . . . . . . ................ ....... .... ...... ............. 4c
S Total revenue. Add lines 3 and 4c. (This should equal Form 990, Part I, line 12.)......... ... . . . . . . . . . . . . . 5
r~artfXlIIWReconciliation of Exnenses ner Audited Financial Statements With EXDenses Der Return N/A
1 Total expenses and losses per audited financial statements.......... ... ... .... .......... ..... 1
2 Amounts included on line 1 but not on Form 990, Part IX, line 25: t~~re
a Donated services and use of facilities. ... ....... .... ... .... ...... ...... 2a nil
b Prior year adjustments. . !!.<.q~'
. . . . . . . . . . . . . . ...... ..... .......... ..... ... ........ 2b ~~:'lj;,..~
ct,''l-1:-\
c losses reported on F~rm 990, Part IX, line 25.. .......... .... ...... 2e ~'N,.
~..il-'j
d Other (Describe in Part XIV). . . ................ 2d !~,,"~
............ ..... .... ' "I,
e Add lines 2a through 2d . . . . ......... ............ ....... ...... ........... ... ............... . . . , . . . , . , 2e
3 Subtract line 2e from line 1.... ... ........... ...... ... ,. ........ ........ .......... ... ,. ....... .. .. .. 3
4 Amounts included on Form 990, Part IX, line 25, but not on line 1: ~~~
a Investments expenses not included on Form 990, Part VIII, line 7b... .... ..... 4a
ir:~"
b Other (Describe in Part XIV) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4b ."1J.",'1
eAdd lines4a and 4b........,.. ........ ......,..,....... ..............,...,.......................... ... 4c
S Total exnenses. Add lines 3 and 4c (This should equal Form 990, Part I, line 18.).. . . . . . . . . . . . . . . . . . . . . .... s
rF.!arftXlll.!f SiJDi>fementallnformation
ASHLAND SU
TY
93 0805586
Complete this part to provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part IV, lines 1b and 2b; Part V,
line 4; Part X; Part Xl, line 8; Part XII, hnes 2d and 4b; and Part XIII, lines 2d and 4b.
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BAA
TEEA3304l 12123108
Schedule 0 (Form 990) 2008
.
Schedule D (Form 990) 2008
leaitOOWI Supplemental Information (continued)
Page 5
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BAA
TEEA3305L 07124108
Schedule D (Form 990) 2008
.
..
.
SCHEDULE 0
(Form 990)
Supplemental Information to Form 990
OMS No. 1545-0047
2008
.. A~ch to .Form 99:0. To be completed by orvanizatio,,!s to provide ~.,,~~, ""'~
Department of the Treasury additionallnfonnation for ~sponses t~ ~pecl~C questi.ons for the ~~. ",,~g.1R. ~I!!iii~
Internal Revenue Service Form 990 or to provide any additional mformation. ~~~~~
Name of the organization ASHLAND SUPPORTIVE HOUSING AND COMMUNITY I Employeridentificationnumbet'
OUTREACH INC. /93-0805586
___~O~~~~~Y~BIYLq~E~I~~J_~________________________________________~___
_ _ ]~~_ !'!4S_ EQ Jl!!4L_IHEj) _ IIITf:kLj:!;:'[U]Ib ]_RQJi'E_RIT S:QliT~1~UJ1QNl' _ ~_cg~Q _DJlHN~ _ '[~ _ _ _ _ _ _ _
__JJ~~~_~}s~_~~_~l'!!k~_'[Hj:_[I~lli~Q[XQ~_~~~_~~_liOJ_~Jl!!!'~Q~______________
___~O~~~~?~BIYLq~E~I~~J_~____________________________________________
_ _ _ Tll~ _O_R~~J~~T}Q~ .!>~12. J'lQ,[ ~~E}~ ~ S~S-, _ ~OJ.l'~,_ ~!.~~~ '- SJ!' _O],!I~R_ :yEJI}f~EJ> _ '[lQI.l' _ __
__ySJQ~~B!Q~~~_l'~_I!.L}~~SJIYSJ~}Q~~f~___________________________________
_ _ _F_O_~M_~Q,?~.BI YJ.l !:I!l~}l! :..I:.o_R_M_ ~Q .B~I~ .!'.BQf~~S_ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __
DRAFT COPY OF REVIEWED FINANCIAL STATEMENTS AND 990 WAS PRESENTED TO THE BOARD FOR
APPROVAL PRIOR TO FILING THE 990.
__y~~~_~~!~~~~~~~]~~~~!~~~~~~~_~~~~O~!~~~N~~~!~~~~M~~!9~~_____________
THE BOARD MONITORS COMPLIANCE OF CONFLICT OF INTEREST POLICIES ON A ONGOING BASIS.
FORM 990, PART VI, LINE 15B - COMPENSATION REVIEW & APPROVAL PROCESS FOR OFFICERS & KEY EMPLOYEES
THE ORGANIZATION PAYS ITS EXECUTIVE DIRECTOR BASED ON REASONABLE COMPENSATION FOR A
NOT-FOR-PROFIT DIRECTOR IN SOUTHERN OREGON AND REVIEWS AND ADJUSTS THE SALARY FOR
INFLATION EACH YEAR.
FORM 990, PART VI, LINE 19 - OTHER ORGANIZATION DOCUMENTS PUBLICLY AVAILABLE
--------------------------------------------------------------------
COPIES OF THE ORGANIZATION'S RETURN ARE KEPT ON FILE AT THE OFFICE AND MADE
AVAILABLE TO THE PUBLIC UPON REQUEST.
--------------------------------------------------------------------
BAA For Privacy Act.nd paperwol1l Reduction Act Notice, see the instructions for Form 990.
TEEA4901l 12/19/08
Schedule 0 (Form 990) 2008
.
.
FORn Charitable Activities Section For Accounting Periods Beginning in:
CT -12 Oregon Department of Justice 2008
1515 SW 5th Avenue. Suite 410 VOICE (971) 673-1880
For Oregon Corporations Portland, OR 97201-5451 lDD (800) 735-2900
and Certain Trusts E-Mail: charitable.activities@doj.state.or.us FAX (971) 673-1882
Web site: http://www.doi.state.or.us
Section I. Generallnfonnatlon
1. Cross Through Incorrect Items and Correct Here:
(See instructions for change of name or accounting period.)
15036 Registration #:
Ashland supportive Hous ing and Community OtUrg_fibn Nanw .
P.O. Box 3536 Address:
Ashland, OR 97520 City. Slale. Zip:
(541) 488-2870 Phone: Fax: Amended
Report?
Email: 0
7/1/2008 6130/2009 Period Beginning: Period Ending:
2. Old a certified public accountant audit your financial records? - If yes, attach a copy of the auditor's report. financial statements. o Yes 0 No
accompanying notes. schedules, or management letters supplementing the report or financial statements.
3. Is the organization a party to a contract involving person-ta-person. advertising, vending machine or telephone fund-raising in o Yes II] No
Oregon?
If yes, write the name of the fund.raising finn(s) who conducts the campaign(s):
4. Has the organization or any officer, director, trustee. or key employee of the organization ever been involved in a voluntary
agreement with any government agency, such as a state attorney general, secretary of state, or local district attorney, or in a o Yes 0 No
legal action in any court regarding charitable solicitation, administration, management, or fiduciary practices? If yes, attach
copies of the agreement and a written explanation.
5. During this reporting period. did the organization amend its articles of incorporation, bylaws, or trust documents, OR did the
organization receive a determination letter from the Internal Revenue Service indicating a new or amended tax-exempt status? o Yes II] No
If yes, attach a copy of the amended document or letter.
6. Is the organization ceasing operations and is this the final report? (If yes, see instructions on how to dose your registration.) o Yes 0] No
7. Provide contact information for the person responsible for retaining the organization's records.
Name Position Phone Mailing Address & Email Address
Sue Crader Exec. Oir. (541) 488-2870 P.O. Box 3536, Ashland, OR 97520
B. List of Officers, Directors. Trustees and Key Employees. List each person who held one of these positions at any time during the year even if they did
not receive any compensation from the organization. Attach additional sheets if necessary. If an IRS form is attached that includes substantially the
same information. the phrase .See IRS Fonn. may be entered in lieu of completing this section. (Oregon law requires a minimum of three directors.)
(A) Name, mailing address, daytime phone number (B) TiUe& (q
and amail address average weekly Compensation
hours devoted to (enter $0 if
position position unpaid)
Name: See Attached IRS Form 990
----------------------------------------------------------
Address: ----------------------------------------------------------
Phone: ----------------------------------------------------------
Email:
Name: ----------------------------------------------------------
Address: ----------------------------------------------------------
Phone: ----------------------------------------------------------
EmaU:
Name: ----------------------------------------------------------
Address: ----------------------------------------------------------
Phone: ----------------------------------------------------------
Email:
Form Continued on Reverse Side
THO
BJ<l460 1.000
4
.
.
-
Section II. Fee Calculation
9. ~~ ~n~'1r::irent yn,.)"onFc.m ."ule9 on Form 9sO.EZ; Part l:une '128m Form 9sO.Pf; Uneg"onFam; 9. 033,287.00 rt~
,
1041 or Fonn 1041-A: or see page 3 of the Instructions ifnofedorallaJ:retum was prepared. Attach e>iplanation if
Total Rewnue Is SO.)
10. Re...enue Fee 10. 200.00
(See chart below. 'Mi~i~u~ iee"is $10, Mn itotar"rewnue"js "a ~ am:.unt.)
Amount on Line 9 .......FM ~!
SO - $24,999 010
$25,000 - $49,999 12'
550.000 - $99,999 S.'
$100,000 - $249,999 S75
5250,000 - $499.999 $100
$500,000 - 5749,999 $135 ~I
5750.000 - $999,999 $170
$1,000.000 " more S200
[J~
11. :;:~'4r;;:
11. Net Assets or Fund Balances at End of the Reporting Period. 318,772.00 !Ii" I
~
(From Una 22 (end of year) a1 Form 990 Line 21 on FOlTI1 99D-EZ or Part m. ,
, ~i.~~
Une 6 on Form 9llO-PF; or see page" to calOJlate.) ~
12. Net Fixed Assets Used to Condud Charitable Activities 12. ,031,085.00 i::~~
(Generally. from Pan X, line 10c on Form 990. Line 23B on Form 99Q..CZ or Part ~;-'.,~t,.. I
II, Une 14b on Form 99O-PF; or see page 410 calculate. See instructions if
organization owns income-produc:ing assets.)
13. Amount Subject to Net Assets or Fund Balances Fee 13. 287, 687.00
(Une 11 minus Une 12. If Une 11 minus Une 12 is less than $50,(0), write SO.)
14. Net Assets or Fund Balances Fee. 14. 29.00
(Line 13 multiplied by .0001. If the fee illess than S5. enter SO. Not 10 exceed $1,000. Roond cents to the nearest wtlole dollar.)
15. Are you filing this report late? D Yes @NO ................... . 15.
(tf yes, Ihe late fee is a minimum of $20. You may owe more depending on haN late the report is. See instruction 15 for acldltional information.)
16. Total Amount Due. 16. 229.00
(Add lines 10, 14, and 15. Mall:e d1ec:k payable 10 !he Oregon Department of Justice.)
17. Attach a copy of the organization's federal tax return and all supporting ::,'.;hedules and attachments that were filed with the IRS with the
exception that Form 990 & 990EZ filers do not need to attach a COPJ of their Schedule B. Also. if the organization did not file with the IRS,
but had Total Revenue of $25,000 or more, or Net Assets or Fund alances of $50,000 or more, see the instructions as the organization is
reCl..uired to com~lete certain IRS Forms for Oregon purposes only. If the attached return was not filed with the IRS, then mark any such return
as For Oregon urposes Only:
Please Under penalties of perjury, [ declare that I have examined this return, including all accompanying forms, schedules, and attachments, and
to the best of my knowledge and belief, it is true, COfTed, and complete.
Sign ~
Here Signature of officer Date Title
Paid ~
Prepare(s (541) 773-1885
Use Only Preparer's signature Date Phone
Richard W. Brewster, CPA 670 Superior C. Unit 106, Medford OR 97504
Preparer's name Address
THO
BJ44611.ooo
.
ROGUE VALLEY DISTRICT COUNCIL
SOCIETY OF ST. VINCENT DE PAUL
P.O. BOX ]663 . 2424 N. PACIFIC HWY. . MEDFORD, OREGON 97501
PHONE: (541) 772-3828 . FAX: (541) 772-6886 . www.stYincentdepauI.info
Feb. 26,2010
Ms. Linda Reid, Housing Program Specialist
City of Ashland, Department of Community Development
20 East Main Street
Ashland, OR 97520
Dear Ms. Reid:
Subject: City of Ashland CDBG Application
Thank you for the opportunity to apply for a Community Development Block Grant
through the City of Ashland. Attached is our application for $30,000 to help low- and
moderate-income families achieve affordable housing and economic self-sufficiency.
Specifically, this grant will help us defray the costs of rent and utility relief for people
facing eviction and shut offs. It will be used by our Ashland Home Visitation Team
which serves southern Jackson County, primarily Ashland and Talent. The long-term
goal of this program is to do all that we can to avoid families from becoming
homeless.
Our Home Visitation Team responds to people in need by sending two-person teams to
their homes where we are able to assess the family's needs and offer help as appropriate.
Our budget covers rent relief for those facing eviction, help with utility bills for those
facing shutoffs and various other emergency needs. We are also able to refer our clients
to the main St. Vincent de Paul offices in Medford for additional help with food, clothing,
home furnishing, dental care, school supplies, job searches and training as appropriate.
We also inform our client families of other sources of help, such as ACCESS, The
Salvation Army, United Way, etc. And perhaps, most importantly, we offer a non-
judgmental ear to listen to their plight.
In today's economy of high unemployment, home foreclosures and meager prospects, the
demand for our services has never been greater. As our application explains in detail, the
Rogue Valley Council of St. Vincent de Paul is locally organized, funded and staffed to
help our neighbors in need. Our local council is a 501(c)(3) group with no financial
connection or obligation to any other organization, church or institution. We serve
everyone regardless of race, religion or ethnic origin. No effort is made to proselytize.
Most importantly, we bave no paid employees. More than 250 part-time volunteers
supply all staffing and services, accounting for almost 85,000 volunteer hours last year.
A good example of our efforts is the recent case of "Mary" and her eight-year-old
daughter. She began a new job last September and had been on the job less than a month
when she discoyered a breast lump. She was diagnosed with stage III cancer and had
surgery. She is now undergoing chemotherapy and radiation. Because of her short term
of employment she received no health or unemployment benefits. We now have her
enrolled in the Oregon Health Plan. Her only income until she is able to go back to work
in June is $400 in child support and $300 in food stamps. Her family is unable to help
her so we are assisting Mary with rental assistance and checking with other local non-
profits who may able to offer support.
If! can be of further assistance in answering your questions, please feel free to call me at
(541) 890-2606 or our Foundation Liaison Rich Hansen at (541) 770-6062. His e-mail
address is richhansen39@charter.net. Thank you again for the opportunity to work with
U.S. Bancorp.
Sincerely,
~/Jgrl
Alice Nagel
President. Ashland Home Visitation Team
Enclosures
r.,
CITY OF ASHLAND
2010 Program Year Community Development Block Grant (CDBG) Application
These completed Sheets shall be included as the first pages on all submittals.
I. APPLICANT INFORMATION
Applicant Organization Name:
RORue Vallev District Council ofthe St. Vincent de Paul Society
Executive Director's Name(s):
Len Hebert, President
Board Member Names (See Form D)
Applicant Mailing Address:
P.O. Box 1663, Medford. OR 97501
Applicant Street Address:
2424 N. Pacific HiRhwav, Medford, OR 97501
IRS Classification: 501 (c) (3)
Federal Tax 10#: 93-0831082
Mission Statement
As a reflection of the whole family of God, our Volunteers are drawn from eyery ethnic and
cultural background, age group and economic leye!. The Volunteers are united in an
international society of charity by their spirit of poverty and sharing, which is nourished by
prayer and reflection, mutually supportive gathering and adherence to a basic rule.
Organized locally, the Volunteers witness God's loye by embracing all works of charity and
justice. The society collaborates with other people of good will in relieving need and addressing
its causes, making no distinction in those served because, in them, they see the face of God.
1
Total Employees:
ZERO
Total Volunteers:
250+
CONTACT PERSON (designate a contact person who is familiar with the project)
Name: Rich Hansen
Title: Foundation Liaison
Phone Number: 541-770-6062
Fax Number: same
E-mail Address:richhansen39@charte.net
III. PROJECT INFORMATION SUMMARY
Project Name or Title:
Home Visits in Ashland and Talent in Times of Crisis to Preyent Homelessness
Expected Completion Date: OOl~oing
Requested CDBG Funds: $ 30,000
Organizational Match: $ 31.000
Funds from Other Sources: $ 6,000
Total Project Cost: $ 67,000
2
Home Visits in Ashland and Talent
In Times of Crisis to Prevent Homelessness
Proiect Summary
The Rogue Valley District Council ofthe St. Vincent de Paul Society sponsors an Ashland/Talent
Home Visitation team. They call on families in need at times of crisis to address their
immediate problems. In many cases, the primary objectiye is to ayoid homelessness by helping
with eyiction notices. We also help with utility shut off notices, prescription drug costs, food
and clothing as needed. Ashland CDBG funds will be used to support these homelessness
preyention activities, proYiding ongoing client support until self-sufficiency is regained. The
program also requests a small "Special Needs Fund" to be accessed by other local churches to
pay for unusual needs experienced by homeless people in Ashland who are not being assisted
through the St. Vincent program.
Need:
The St. Vincent program focuses on families at risk of becoming homeless. Few things can be so
disruptiye to a family's chance for economic adyancement and to a child's educational progress
than to be eyicted from their home. Yet in today's protracted economic downturn, that is
exactly what's happening with depressing regularity. Homelessness is a looming possibility for
families that lose an income and face eyiction or lose their home due to foreclosure.
The 2010 Homeless Survey conducted by the Jackson County Homeless Task Force showed that
of 1,034 homeless people in the county, 634 were in families. In Ashland the homeless
population is comprised of a mixture of males and females ranging in age from teens to elders,
experience a range of mental, cognitiye and physical disabilities. Ashland School District
reports 67 homeless youth ranging in age from elementary through high school. Those
youngsters may not be sleeping on the street, but their families may be doubled up or Iiying in
shelters. While the Jackson County Homeless Survey does not break figures out by city, it is
certain that Ashland has a homeless population that represents a cross-section of the oyer- all
total. See full results of 2010 Homeless Survey in Appendix B.
The City of Ashland's consolidated plan, as well as the Jackson County Plan to End
Homelessness in Ten Years (http://www.co.iackson.oLus/files/10-
Year Plan to End Homelessness.pdfj both point to the need to increase the availability of
affordable housing as the first and primary step to preyent homelessness. Many agencies that
build housing are working on that; however, in the meanwhile we must count on the service
3
component of the oyerall system to care for people who are already on the street or in shelters
or are at risk of losing their housing, with the goal of re-housing or maintaining people in their
own homes as best possible.
ACCESS, Inc., the agency that proYides rent and utility assistance to residents of the whole
Rogue Valley, receives state/federal funds periodically and distributes them immediately,
leaYing unlucky people who were not in line at the right time without help. The ACCESS
program does not proYide any follow-up case management assistance for the recipients of its
funding. The St. Vincent program is all about that counseling and coaching to get the family
back on its feet--in addition to proYiding the necessary payments. There is a real need for the
individualized hand-holding that St. Vincent volunteers are able to proYide in our limited
geographic area.
ProDosed Prol!ram:
One of the key aims of the St. Vincent de Paul Home Visitation program is to respond to calls
for assistance from families facing rental eYiction notices. Our team of eleyen yolunteers
respond by going to clients' homes, listening to their stories of financial crisis, observing their
IiYing conditions, counseling them on how we and other groups can help them, encouraging
them on ways to find permanent jobs and helping them transition from welfare to work.
The St. Vincent de Paul team, which has been operating here since 1982, coyers the southern
parts of Jackson County. About 60% ofthe clients liye in Ashland. We have eleven yolunteers
and no paid employees. In 2009 we responded to 587 calls and spent nearly $63,000 to help
these families. In 2010, we have budgeted $67,000 and hope to respond to 620 calls. The
families we call on are referred to us by area churches and other agencies. Virtually all ofthe
families we call on are at or below the federal poverty leye!. We have no formal offices in
Ashland as our yolunteers work out of their homes and make all of their "calls" to the homes of
those we are attempting to help. We haye yirtually no oyerhead or administrative costs.
We do not offer clients direct cash help, but intervene with landlords, utilities, pharmacies, etc.
to negotiate payments. When appropriate, we will also refer clients to other agencies who
might help them, such as ACCESS, The Salyation Army, United Way, etc. Sometimes, simply
haYing a sympathetic and non-judgmental ear to hear their difficulties is enough to help
motiyate the less fortunate to seek help. By meeting a client in their home we are better able
to create a bond of trust. Also, we can better assess their personal situation, specific needs and
abilities to pay.
4
Home Visitation teams are able to remain in contact with a client oyer an extended period of
time, as needed. We are sometimes able to work with a client long enough to witness them
being able to solye their temporary financial difficulties. Howeyer, with the bleak job situation
in Southern Oregon, we are too often seeing marginal long term improvement in our clients'
Iiyes. We do our best to offer them temporary relief. Our goal is to offer a lifeline that will
enable them to have the hope and confidence to move forward with their liyes. In some cases
we will check back with them from time to time to check on their progress.
Community Partners in combatine: homelessness in Ashland:
The St. Vincent de Paul Home Visitation program operates as one community partner is a larger
loose coalition of churches and the Community Health Center that serve the homeless or those
at risk of becoming homeless in Ashland. Other players included:
. Presbyterian Church, which opens its community hall Sunday nights for a weekly no-frills
shelter. This program started in December 2009. Since then has sheltered an average
off 9 people a night, for 19 nights (through 2/21/10) with a total of 42 host/yolunteer
nights. The shelter opens 7:30 PM and closes 8:00 AM. It will run weekly through
February and additionally only if there is extremely cold weather. The shelter serves
"regulars" plus people passing through.
. A group called, Sons of Glory/Men of Thunder, from the Alliance Bible Chapel and the
First Baptist Church host a potluck in the park for homeless people once a week; and
. First Methodist Church and Peace House, work together to sponsor Uncle Food's
Diner-a community meal on Tuesday afternoons.
. There is a rotational no-frills Cold Weather Shelter which comes into operation when
the weather drops below 200 F. This non-denominational warm place out of the cold
rotates between the Presbyterian Church, UCC and the Unitarian Church. Ashland's
Community Emergency Response Team (CERT) volunteers are called into action when
the Cold Weather Shelter is open to join church yolunteers in staffing the cold weather
shelter. Homeless people are allowed to sleep on the floor of the church activity
centers or sanctuaries, receiYing only minimal food or other services while there. All
these programs are supported by the congregations of the various churches through
donations of food, clothing, sleeping bags and volunteer hours.
. Community Health Center proYides services on a sliding fee scale. In addition, with a
grant from the Walker Foundation, CHC works with St. Vincent's to proYide prescription
medication assistance for low income indiyiduals.
. Community Works has a .5 FTE street advocate who works specifically with homeless
teens in Ashland. The sponsor a Wednesday drop-in center for food and basic needs at
Pioneer Hall. The basic services the program provides include referral to resources for
5
,
youth who seek safer liYing alternatives, work with drop outs to get back in school, and
proYide payment for assistance it getting identification documents.
There are a yariety of basic services offered in Ashland, howeyer, these services have their
limits: homeless people often experience needs that cannot be met through these in-kind
donations. There is need for a flexible fund to meet those extra-ordinary needs.
Special Needs Fund:
St. Vincent proposes to administer a small fund to be accessed for the benefit of clients by its
community partners. Some examples of the needs that could be met:
. bus passes to Medford to the Social Security Office, Disability Services Office, medical
appointments, employment services, etc.;
. homeless individuals who are ill or families with small children need to stay in a motel
for a night or two until more permanent solutions can be found. The Knights' Inn at the
South Ashland Exit is willing to accept Payment by check for homeless clients referred by
the program.
. one- time assistance, such as bicycle repairs or the purchase of specific durable medical
equipment.
. Potentially, the fund could purchase a bus ticket home for a runaway teen.
People who are homeless usually haye no income or are on low fixed incomes and are living
right on the edge. Often a small investment can make a huge difference in their liyes.
St Vincent de Paul's Home Visitation Program has offered to be the administrator for this fund
of $2,000. When an Ashland church or a local program, such as Community Health Center, is
approached about a need that cannot be funded through its traditional sources, a case
manager or worker from the organization will call the St. Vincent program, which will, in turn,
send a volunteer to call on the homeless person in need. They would meet the person where
they are IiYing or at the DHS Self Sufficiency Office. The St. Vincent volunteer will write the
check directly to the motel or yendor as needed.
BackJuound on the ADDlicant:
The Rogue Valley District Council of the St. Vincent de Paul Society was established in 1982 to
serve the poor and needy in Jackson County. We have no paid employees. More than 250
part-time volunteers provide all staffing and services, providing for 85,000 volunteer hours in
2009. We estimate this saved us at least $500,000 in salaries and benefits. Although the
Society's name is recognized around the world, each council is locally organized, funded and
staffed for the purpose of helping our neighbors in need. Our local council has no financial
connection or obligation to any other organization, church or institution. We serve everyone
regardless of race, religion or ethnic origin. No effort is made to proselytize.
6
Our facility in Medford consists of seyeral buildings on nearly three acres of land locate at 2424
N. Pacific Highway in Medford. Our Thrift Store moyed into a new 16,000 sq. ft. building in
2006. Our main building was renovated in 2007 and contains our Dining Room/Kitchen, Food
Pantry, Social Services and Administratiye Offices, as well as our Emergency Shelter that
proYides 48 beds for emergency family housing.
Major funding comes from cash sales in our Thrift Store, special church collections, direct mail
appeals, fund raising dinners and auctions, direct cash donations, foundation grants and non-
cash donations of food, clothing, household items, auto mobiles and livestock. Overall, our
annual Council budget is about $600,000. The Council is made up of nine operating diyisions:
Social Services, Thrift Store, Dining Room, Food Pantry, Emergency Shelter, School Supplies,
Ashland-Talent Home Visitation, Medford-Central Point Home Visitation and Administration.
St. Vincent's was originally founded by a group of Catholic laymen and is often thought of as a
Catholic organization. Howeyer, nearly a third of our yolunteers come from other faiths and we
receive support from several local denominations.
Financial Information:
St. Vincent de Paul is requesting
. $28,000 in CDBG funds for its homeless preyention, "Home Visitation Program," which
provides direct payments to landlords of rent assistance; to the City of Ashland,
Avista or Pacific Power for utility assistance; to pharmacies for prescription
assistance and
. $2,000 for the Special Needs Fund, to be administered by St. Vincent de Paul, but to be
distributed by referrals from other churches and programs located in Ashland
which serve the homeless directly.
Match for the funds will come from St. Vincent de Paul general funds. The St. Vincent program
is extremely cost effectiye, with yirtually all funds going direct to client services because all staff
time is donated by dedicated and skilled yolunteers.
AssumDtions used to determine total proiect cost and operatine: bude:et:
The need for rent and utility assistance is increasing eyery year with the decline in the economy. As long
as Southern Oregon is a high-cost-of-housingflow-wage area this will remain true. Since need is greater
than funding, and since Yirtually all program funds go for direct client services, total cost for the program
is based on the amount of funding we are able to supply. Last year we were able to proYide $62,000 in
assistance, but were limited in some of the services we proYided by budget restrictions. This year we
are grateful for the opportunity to apply to the City of Ashland for assistance because our Home
Visitation budget is capped due to the uncertainty of thrift store donations/sales and local cash
7
donations. We plan to increase the program to $67,000 in 2010 with the City of Ashland contribution of
$30,000 and a $6,000 grant we haye applied for through US Bancorp Foundation. If the economy
improyes and the overall St. Vincent's budget improyes, we will increase our match commitment to be
able to serve eyen more families in the South Valley. The $2,000 request for the Special Needs fund
was based on estimates from the various church groups. Since this is the first year this type of flexible
funding will be ayailable, we will know better at the close of the year whether the figure is appropriate.
Eligibility for Ashland CDBG Funding:
The St. Vincent Home Visits program meets Ashland Consolidated Plan spending priorities: Goal
4, Strategies 4.1, 4.1.2, and 4.1.3
Goal 4: Support senrlces for homelessness prevenllon and tnJnsltlon. WIIare possible, give funding priority to senrlces
that ate part of a comprehensive approach that Improves the living conditions of clients. Safety net services or services
that meet basic needs shall only be funded with CDSG doIlalS if It can be demonstnJted that cllenls receiving those
benefils are part of a program that will eventually help them obtain self-sufficiency.
4.1 Provide assistance to non-profit organizations that assist the homeJess and those at risk of homeless ness, provide
transition assistance to the homeless, and help prevent homelessness (A).
1.2 Strengthen the capacity of the Jackson County Continuum of Care to plan activities reducing homelessness in the
community. (B)
1.3 Support activities that expand serviaHlnriched housing for the homeless and other special needs populations,
incfuding increased shelter, transitional and permanent supportive housing resources (B).
And, peripherally, the project addresses
6.1 Provide assistance to non-profit organizations that provide support services for extremely Iow- and low-income
special needs popUlations (B).
And the Jackson County Plan To End Homelessness in Ten YealS of the Jackson County Continuum of
Care and Homeless Task Force strategies 2, 3 and 4.
#2 Increase agency coordination and service integration at all levels.
#3 Provide case management to help people maintain stable rental housing.
#4 Provide financial assistance and life skill training to help people move into stable housing.
The St. Vincent program provides counseling and case management designed to preyent
homelessness, for individuals and families at risk of losing their housing. Through the Special
Needs Fund, St. Vincent works with other local churches that proYide critical, otherwise
unfundable services to the homeless in order to addresses the immediate needs of people who
haye already lost their housing and may be looking for support to regain it.
The St. Vincent program meets the following additional criteria: The project is a proven
effective strategy to improve conditions or solye an identified problem; the project builds on
partnerships in the community (volunteers, in-kind contributions, cash contributions, multiple
organizations involved, etc.); the project has more than S5% of the total project in matching
funds; the project utilizes already existing resources in effective and innovative ways. The
project does not duplicate service provided by another organization; St. Vincent de Paul has the
proyen capacity to carry out the project; the budget and time line are well thought out and
realistic; and the project is ready for implementation.
8
Eliaibility for Federal Fundina:
a. The project is to proYide client services exclusiyely.
b. Is the project within Ashland City limits? Approximately 60% of program recipients live
in Ashland
c. Proposed tenant/client income level: virtually all (98%) program recipients are at or
below poyerty level.
d. No financial or legal commitments have been made to the projects beyond our match
commitment.
ComDlies with National CDBG Obiectives:
The project meets one ofthe National CDBG Anti-poyerty Objectiyes
a. Primarily benefit low and moderate income persons (at least 51% of beneficiaries must
be low/mod income persons/households).
Neither the project nor the agency, itself, falls within the list of "ineligible actiyities" as stated in
the City of Ashland's request for proposals.
ARenCY's mission and service historv:
St. Vincent de Paul mission: As a reflection of the whole family of God, our Volunteers are
drawn from every ethnic and cultural background, age group and economic level. The
Volunteers are united in an international society of charity by their spirit of poverty and
sharing, which is nourished by prayer and reflection, mutually supportive gathering and
adherence to a basic rule.
Organized locally, the Volunteers witness God's love by embracing all works of charity
and justice. The society collaborates with other people of good will in relieving need
and addressing its causes, making no distinction in those served because, in them, they
see the face of God.
Will the Droiect Dromote self sufficiency for low income families or DeoDle with sDecial
needs?
Yes. Our objectiye is to offer a "hand up," not just a "hand out." Because of the personal
nature of the Home Visitation program we are able to stay in touch with a client family for a
long enough period of time to help them get re-established. We attempt to work with them
until they gain some degree of self sufficiency.
Virtually all people who are long-term homeless have a disability of one sort or another. Many
add to the inability to live self-sufficient lives with substance abuse. Our proposed "Special
Need Fund" will assist the homeless with specific needs. Although there will be no strings
9
attached to this financial support, the opportunity for exchange created at the time the funds
are given will put St. Vincent de Paul case managers in face-to-face contact with homeless
indiYiduals and proYide a chance for a quick assessment and referral to additional resources.
Those referrals could ultimately lead to increased self-sufficiency if the person chose to take
advantage of them.
Identify how your proiect benefits extremely low-, low-, and moderate-income indiyiduals:
We respond to referrals, usually from area churches and non-profits. In 2009, we worked with
587 families and spent about $63,000 to assist them. This we hope to respond to 640 referrals
(including at least 20 families who will access our new Special Needs fund) and have budget
about $67,000 for rent, utilities, prescription drugs, food and other needs. As preYiously noted,
Yirtually all of our client families are at or below the poyerty leye!.
Describe how your pr02ram will ensure that moderate income individuals will not benefit
from the prollram to the exclusion of extremely low or low income individuals.
One ofthe first screens we perform is about income leyels and the client family's ability to pay.
Attachments
Appendix A: 2010 Jackson County Homeless Survey Results
Appendix B: Letters of support (final attachment)
Appendix C: 501(c)(3) Letter
Appendix D: Detailed Project Budget
CDBG Application Checklist
Form A-2 Social Service Proposals
Form B-2 Uses of Funding
Form C Sources of Funding
Form D Disclosure of Interests
10
Form A-2
To be completed for Social Service Proposals
St. Vincent de Paul Proposal
, . . . . .'
Activity . I . Completion Date
'. ' .'.,' Start Date .<: .\.
. ,. , -
....... . .
.
>.. . '. .. , .. . - , .'.
Home Visits in Ashland and Ongoing (Volunteers
Talent already in place)
Special Needs Fund Receipt of grant One year later
social services provides should list key benchmarks in the table above for their proposed
projects (IE hire of personnel, application for further funding, initiation of direct client
services, etc)
Form B-2 To be completed for Social Service Proposals
Social Service Proposals: St. Vincent de Paul Home Visitation Program
None
CDBG Request
.< ,(.~~~ooO"
None
Other Source(s)
" ,." "3-7JQpO.Ce
DirectOientServices "
Total Cost
$67;000. ..
t::<,-',..'"
.-.... ,;.-:.
Wages (of personal
prayiding direct client
services)
Materials/Supplies
Marketing/Outreach
All donated
None
None
None
None
13
Program Administration None CDBG Funds are
Includes overhead and not available for
general staffing necessary program
to administer the program administration
(accounting, management,
grant administration) but
that does not provide
direct benefits to the
client.
Total Project Cost 67,000 $30,000 $37,000
Form C
SOURCE(S) OF FUNDS FOR OPERATING EXPENSES WORKSHEET
Completeness of this worksheet establishes the capacity of the organization to sustain the
operations ofthe program(s).
I.. '
Sources Secured. Conditional Tentative Commitment
(awarded with Date
conditions)
Federal Grants
State Grants
Local Grants (Ashland 30,000
CDBG)
Non Governmental 6,000
Grants.
Donations/Gifts
Applicant Contribution 31,000 When program
starts
Program Income
Loans
Other (specify)
Other (specify)
TOTAL . . , 31,000 . 36,000
.. ,
14
Please provide a description the timeline of loan and grant application dates as related
to the proposed project. Specifically, for any tentative funding sources please provide
application dates, award dates and funding availability dates.
We have applied to the US Bancorp Foundation for a grant. We expect to hear from this
summer.
Form D
DISCLOSURE OF INTERESTS
To assist the City of Ashland in determining whether there may be a potential conflict of
interest related to the expenditure of Community Development Block Grant funds we request
the following information be provided by applicants:
ORGANIZATION NAME: Rogue Vallev Chapter. St. Vincent de Paul Societv
Organization is: 1. Corporation ( )
2. Non-Profit 501C3 (X)
3. Partnership ( )
4. Sole Owner ( )
5. Association ( )
6. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please attach a separate sheet.
1. State the names of each "employee" of the City of Ashland having a financial or personal
interest in the above mentioned "organization" or project proposed.
Name, Job Title and City Department
None
2. State the name(s) of any current or prior elected or appointed "official", ofthe City of
Ashland having a potential "financial interest" in the organization or project.
Name/Title
None
3. Provide the names of each "board member" of the Organization seeking CDBG funding
Name Board, Commission, or Committee (may be attached as a separate Sheet)
l_Len Hebert
2_patrick Wilson
3_AIZon
15
4_Dave Moosman
5_Mario laProva
6_Jim Van Orsow
7 _Nancy Hunt
8_Dennis Mihocko
9_Alice Nagel
10_Nola Geany
ll_Bob Hammer
12_Mary Hogue
13_Bob Christian
14_lrene Vaughn
1S_Charlie Burgess
16_ Chris Forsythe
16
@
Homeless Suryey 2010 (January 28)
Total Survevs comoleted: 628. Reoresenunf!: 1034 oeoole
Jackson County, Oregon
1) Have you been continuously homeless for a year or more, or had at least four episodes
of homelessness in the past three years?
Yes ---- 484 (49%)
No ---- 501 (51%)
2)
Please select your Household Type:
Unaccompanied Pregnant Youth (17 or under) ---- 0
Unaccompanied Youth(17 or under) --- 21
Single Adult(18 or older) ---- 379
Couple without children --- 61
One Parent Family with Children ---- 273
Two Parent Family with Children ---- 300
(0%)
(2%)
(36%)
(5%)
(26%)
(29%)
3)
Gender:
Male ---- 596
Female ---- 438
(57%)
(43%)
4)
Age:
0-17 ---- 298
18-23 ---- 117
24-44 ---- 267
45-54 ---- 114
55-69 ---- 67
70+ ---- 14
(28%)
(11%)
(25%)
(11%)
(6%)
(1%)
5)
Race/Ethnicity:
Asian ---- 2
Black or African American --- 32
Hispanic or Latino ---- 83
American Indian or Alaskan Native ---- 35
native Hawaiian or Pacific Islander ---- 8
White ---- 786
Unknown ---- 88
(0%)
(3%)
(8%)
(3%)
(0%)
(76%)
(8%)
6)
Length of Homelessness:
0-6 Months ---- 631
6-12 Months ---- 129
12-24 Months ---- 168
24-48 Months ---- 46
2+ Years ---- 60
(61%)
(12%)
(16%)
(4%)
(5%)
1
eja(ONSC 3rd Data Run Feb. 23, 2010.doc)
0)
7)
Veteran:
Yes ---- 141
No ---- 824
(15%)
(85%)
8) Farm Worker:
Yes --- 22 (2.2%)
No --- 964 (97.8%)
9) Domestic Violence:
Yes --- 80 (8%)
No ---- 905 (92%)
10) Corrections Release (in last 90 days):
Yes ---- 37 (4%)
No ---- 948 (96%)
11) Physical Disability:
Yes ---- 88 (8.9%)
No ---- 897 (91.1%)
12) Developmental Disability:
Yes --- 24 (2.4%)
No ---- 960 (97.6%)
13) Mental or Emotional Disorder:
Yes ----150 (15.2%)
No ---- 834 (84.8%)
14) Substance Abuse:
Yes ---- 201 (20.4%)
No --- 783 (79,6%)
15) Dual Diagnosis (MH and Sub. Abuse):
Yes ---- 85 (8.6%)
No ---- 898 (91.4%)
16) Children's Grade level in School (check the box next to the grade range that applies to each child):
K-5----118 (12%)
6-8 ---- 58 (6%)
9-12---108 (11%)
N/A --- 691 (71%)
17) Is your child attending school?
Yes ---- 269 (27.2%)
No ---- 53 (5,3%)
N/A --- 665 (67.5%)
2
eja{ONSC 3rd Data Run Feb. 23, 20l0.doc}
18) Where will you stay tonight?
Staying with Friends/Family ---- 239
Other --- 80
Camping --- 63
Street ---- 53
Car ---- 37
Squatting (Abandoned buildings) ---- 35
Motel/Hotel ---- 25
Hospital --- 5
@
(44,5%)
(14.9%)
(11,7%)
(9.9%)
(6.9%)
(6.5%)
(4.7%)
(.9%)
19) What caused you and/or your family to leave your last living arrangement?
(check all that apply)
Couldn't Afford Rent ---- 294
Unemployed ---- 283
Drug/Alcohol (self) ---- 201
By Choice ---- 151
Drug/Alcohol at home ---- 141
Kicked out by family/friends -- 136
Mental or Emotional Disorder - 111
Domestic Violence ---- 106
Evicted by landlord ---- 95
Criminal History ---- 83
Poor Rental History ---- 76
Other _m 69
Medical problem ---- 61
Credit ---- 47
Property Sold ---- 38
Runaway ---- 29
Pregnancy ---- 27
Child Abuse ---- 25
Gambling --- 9
(14.8%)
(14.3%)
(10.1%)
(7.6%)
(7,1%)
(6.9%)
(5,6%)
(5,3%)
(4,8%)
(4.2%)
(3.8%)
(3.5%)
(3%)
(2.4%)
(1.9%)
(1.5%)
(1.4%)
(1.3%)
(.5%)
3
eja(ONSC 3rd Data Run Feb. 23, 2010,doc}
@
Jackson County, Oregon
One Night Shelter/Homeless Count
Homeless Survey Data
2005 2006 2007 2008 2009
TOTAL SURVEY RESPONDENTS: 660 685 624 466 899
Have you been continuously homeless
for a year or more, or had at least four episodes
of homelessness in the past three years? Yes 58.4% 34.5% 61% 48% 66%
No 41.6% 65.5% 39% 52% 34%
Household Type:
Single Adult (18 or older) 47.3% 47.4% 81% 58% 82.3%
One parent family with children 16% 46,5% 11% 12% 9.7%
Couple without children 11.4 3.9% 4,5% 3% 3.6%
Two parent family with children 10,6% 2.2% 6% 13% 2,9%
Unaccompanied Youth (17 or under) 10.2% 0 3.3% 9% 1.3%
Unaccompanied Pregnant Youth 4,5% 0 ,2% 5% .2%
Number ofIndividuals in Household:
I person N/A N/A 81% 70% 85.2%
2 people N/A N/A 7,9% 10% 9,6%
3 people N/A N/A 5% 9% 3,7%
4 people N/A N/A 3.7% 8% 1%
5 people N/A N/A 1.6% 2% .5%
6 people or more N/A N/A .8% 1% ,1%
Gender:
Male 46.3% 65.5% 63.3% 56% 74.5%
Female 53,7% 34.5% 36.7% 44% 25.5%
Age:
0-17 (2005 & 06 / 0 - 19) 44,2% 17,5% 12% 27% 1.3%
18 - 23 (2005 & 06 / 20 - 39) 23.4% 26.3% 6.3% 17% 6,8%
24 - 44 (2005 & 06 / 40 - 49) 17.1% 17.3% 37.1% 35% 34%
45 - 54 (2005 & 06 / 50 - 59) 10,2% 10.6% 30% 16% 34.4%
55 - 69 (2005 & 06 / 60 - 69) 3,5% 4.3% 13.8% 5% 21%
70 or older 1,6% .5 ,8% 1% 2.5%
Race/Ethnicity:
White 79,5% 85.9% 79% 78% 82.5%
Black or African American ,9% 5,1% 2,7% 2% 8.3%
American Indian or Alaskan Native 3.9% 5,2% 7.1% 6% 4%
Hispanic or Latino 14.8% 7.1% 8,5% 9% 3.4%
Native Hawaiian or Pacific Islander .9% ,8% 1.5% 1% 1.3%
Asian 0 ,6% 1.2% 1% .5%
ej.( I 2005-2009 JX ONSC Tot.I}
~
----22. 2006 2007 2008 2009
Veteran: 11.7% 25.3% 36.2% 13% 49.4%
Farm Worker: 6,1% 2.6% 7.2% 2% 2,7%
Domestic Violence: 15,2% 11.5% 9,9% 10% 6%
Corrections Release: 6,9% 8% 5.3% 7% 5%
Physical Disability: 12.7% 16.3% 25.2% 11% 28,5%
Developmental Disability: 7.3% 3.7% 6.4% 1% 7.9%
Mental or Emotional Disorder: 16.9% 21.3% 23.1% 23% 37.8%
Substance Abuse: 17.7% 31.4% 29.2% 23% 45.4%
Dual Diagnosis (MH and Sub. Abuse): 5,6% 11.8% 9.9% 10% 27,6%
Where will you stay tonight?
Staying with FriendsIFamily 35.4% 21.2% 18,1% 26% 17.2%
Street 25,9% 20.8% 14.8% 16% 29.7%
Car 16,5% 12.6% 9.5% 6% 11%
Camping 14,5% 22.1% 12.5% 10% 9.7%
Motel/Hotel 3,7% 4,9% 2% 7% 7.4%
Squatting (Abandoned buildings) N/A N/A 2% 4% 3,2%
Hospital 1.3% .8% ,1% 1% 1.5%
Other 2.7% 17.5% 23% 30% 20.3%
What caused you to leave your last living
arrangement? (check all that apply):
Unemployed 13,9% 11.6% 26% 11% 32%
Couldn't Afford Rent 14.4% 11.3% 31% 14% 27,6%
Mental or Emotional Disorder 4,6% 6.7% 13% 7% 23,6%
Drug/Alcohol (self) 8.7% 16.3% 22% 11% 21.5%
By Choice 7.3% 10.3% 6% 5% 16.9%
Drug/Alcohol at home 6,5% 6% 8% 7% 16,1%
Criminal History 3% 4.6% 7% 4% 13.2%
Kicked out by family/friends 6,5% 5.8% 16% 5% 12.8%
Evicted by landlord 7.2% 6% 10% 5% 11%
Medical problem 5.5% 4.7% 10% 3% 10.2%
Other N/A 3.8% 12% 10% 8.6%
Credit 2.9% 2.9% 7% 1% 7.9%
Domestic Violence 6.4% 4% 10% 7% 7.8%
Poor Rental History 3.2% 2.2% 6% 3% 7.4%
Gambling 1.2% 1.1% .4% .3% 2.7%
Property Sold 1.2% .9% 2% .5% 2.5%
Child Abuse 3.2% .5% .4% 3% 2.4%
Runaway 1.7% .5% .5% 2% 1.5%
Pregnancy 1.2% ,6% 1% 1% .8%
Manufactured Park Closed N/A N/A .2% .2% ,7%
2
eja{l 2005-2009 JX ONSC Total)
Internal'Revenue Service
'listrict Director
'. .'
Department of the Treasury
POBox 2350 Room 5137
Los Angeles, CA 90053
@
Date: DEC. 15, 1986
SOCIETY OF ST VINCENT DE PAUL
ROGUE VALLEY COUNCIL
PO BOX 1663
MEDFORD, OR 97501
Eeployer Identification Number:
1'1""",
9] Oi€1187 93-013.3 foS2-
Case Nu~er'
956308023
Contact Person:
KORELL, ANTOINETTE
Contact Telephone.Number.
(213) 894-4405
Our Letter Dated:
Aug. 29, 1984
Caveat Appl ies:
no
Dear Appl icant.
This .odifies our
Hould be treated as an
the expiration of your
,
letter of the above date in.
organization Hhlch is not a
advance ruling period.
Hhich He stated,ttJat you
privBte'fOuhdation ~ntil
. , ,:'; :.:.::-'" ". : ':~.'; :.~ ~ ; :
Based on the infonDation you subeitted, He have deterlljned.that. YOll- are
not a private foundation Hithin the .eaning of Bilc;tiofi::SO~la)~~Ftfle:':~oterAel
Revenue Code, because you ar~ an. organization of' ~h~'t~~.~~~s~fl~a~i~~'~i~!O~
509.(a)(1) and 170(b) (1)(A) (VI). Your eICeapt status under se~tlon.59f(!f!{3VoT
the code is st i 'I in effect. -' ,.. CO'- ..'..,-',.0 ,..:".-...._'-
Grantors and contributors aay rely on this deteraination untCCthli.
~ . . - .'
Internal Revenue Service publishes. a notice to.th!! contrary.c".HowiW!if...a .
grantor or a contributor aay not rely on this ~et~raination. if h&~~t. she Has
in part responsible for, or Has aHare of, the ai:t-or'fai'lure"to 'act.'that:.
resulted in your loss of sect.ion 509(s) (1) statuB, or a'c:quriilC(lcnoiil~ge
, -' -- - .-...'
that the Internal Revenue Service had given notiCe that'you'Houl:cl b,!(.:relloved
from classification as a section 509(a) (1) organizatJoi'1.' "-"." ~" . -:.,~.,-..-:
Because th i s letter cou I d he I p reso I ve any que.s.t.i on~ .a~out your .pd vate
foundation status, please keep it in your peral\ri,ent iec6'i'as'~~ ,r.,,, ,.,:,.~,-
If the heading of this letter indicates that a caveat applies, the caveat
beloH or on the enclosure is an integral part o.f thi.!! ,,,etter. 'H - '~;;;'. 0=..
. . ..- .~
If you have any questions, please contact the.perso~ Hho~~ nalle and
telephone nUllber are shOlom above. .' ." .... .....:,. ,....c
Sincerely yo.urs,
~;Ifkb
Frederick C. Nielsen
District'Dir!cf~r
letter lQS.Q.CCG)
- . . - . ~, . .
@
Ashland Home Visitation Group
St. Vincent de Paul
Revenue and Expense Statements
2008-9 2009-10
ACTUAL PROJECTED
REVENUES
City of Ashland 0 30,000
St. Vincent de Paul 14,500 10,000
Area Churches 29,000 13,000
Fund Raising, Auctions 8,000 5,000
Grants 4,250 6,000
Donations 3,000 2,900
Total $58,750 $66,900
EXPENSES
Utilities 36,500 38,000
Rent & Shelter 22,000 24,000
Medical and Rx 1,800 2,000
Transportation 1,300 1,500
Misc. -Personal, Household, 1,250 1,300
Food
Admin. - postage, office 100 100
supplies
Total $62,950 $66,900
Expenses in Excess of Rev. ($4,200) 0
Our Lady of the Mountain Catholic Church
987 Hillview Drive
Ashland, OH 97520-3521
(541) 482-1146 Fax: (541) 488-5174 Email: olllloJ>@mind.lIcl
February 24, 2010
Ms. Linda Reed
Housing Program Specialist
City of Ashland
Department of Community Development
20 E Main Street
Ashland. OR 97520
Dear Ms. Reed:
This letter is to acknowledge that Our Lady of the Mountain Catholic Church is very
much in support of the St. Vincent de Paul AshlandlTalent Home Visitation program in
its outreach to the poor and needy in our area. We would strongly encourage the City of
Ashland to lend them financial support in whatever way possible. If you need further
endorsement from me or any additional information, please do not hesitate to contact our
parish office at 541-482-1146, ext. O.
;;;':d
Fr. Sean Weeks
Pastor
w
mffi
7Vt4t ~ e~
Siskiyou Blvd. at Walker
PO Box 626
Ashland, OR 97520
(541) 482-3536
February 24,2010
As the First Presbyterian coordinator of the Sunday/Emergency Shelter I can definitely
speak to the benefits of helping the homeless population in Ashland. While our church
has agreed to provide the use of Calvin Hall for these shelter nights and to absorb the
additional costs associated with heating the building, there continue to be unexpected
needs that come up for the people we serve. It would be very helpful to have a
"Special Needs Fund" available for us to access when the need for additional
assistance arises. Because of this, we support St. Vincent de Paul's DBDF grant
application.
Sincerely,
.4z~,{11.tL- .6 a:;1/1e~~
Barbie Breneiser
~ Ashland
First Congregational
United Church of Christ
717 Siskiyou Boulevard
Ashland, Oregon 97520
(541) 482.1981
Minister;
Rev. .Pam Shepherd
February 25;2010
Dear Ashland City Council,
I am writing a letter of support for the St. Vincent de Paul's CDBG application for
funding for services for the homeless and for homelessness prevention. They have a
history of helping arrange rent and utility support for low-income people in Ashland
Their all-volunteer efforts in their Home Visit program are direct and effective in helping
those in need to reestablish self-sufficiency. They provide skilled advise and support to
those they serve.
As pastor of the United Church of Christ, I am also excited to see a coordinated approach
that will add services for our neediest population. The creation of a "Special Needs Fund" .
that is flexible for referrals may help create the foundation for larger community projects
. in the future and the local St. Vincent's is an ideal ~ite for such funding.
Sincerely,
fi50.
Rev. Pam Shepherd
Pastor, United Church of Christ
717 Siskiyou Blvd.
Ashland, OR 97520
"That They May All Be One"
An Open and Affirming Congregation
A Just Peace Church.
February 23, 2010
To the Ashland City Council, -
. Asa coordinator of the local ecumenical winter shelter, I would like to encourage
your support of a CDBG grant for St Vincent de PauL The work of St. Vincent de Paul is
significant. They provide amazing services with consistent commitment. Their work has'
kept the heat on and a roof over many low income Ashland residents.
For those already on the streets, our shelter work is just one of several small
volunteer efforts in town. If the local St. Vincent de Paul had some added resources in a
Special Needs Fund, those ofus with direct homeless outreach could network with them
when we encounter folks in critical need We also respect their uIiderstanding of available
human seniices and their ability to advise the needy on strategies for economic survival.
A Special Needs Fund would provide a small bnt readily available resource and a .
framew'orkof cooidirumon to all our efforts. I believe that a grant to help fuild St.
Vincent de Paul would be a modest investment that will be used efficiently and
effectively.
Thanks for your thoughtful consideration,
t II 6m/fkz12
Ruth Coulthard
566 Faith AVe.
Ashland, OR <<)7520
541482-4843
CITY OF
ASHLAND
Council Communication
Public Hearin~ - SOU Campus Master Plan Update - 2010 to 2020
Meeting Date: April 20, 2010 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: bill{cV.ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: 60 minutes
Question:
What direction does Council have on the proposed 2010-2020 SOU Campus Master Plan and
implementing ordinances?
Staff Recommendation:
Staff recommends that Council adopt the 2010 to 2020 - SOU Campus Master Plan Update with the
proposed modifications suggested by' the Planning Commission, and prepare an ordinance
acknowledging the plan (with proposed modifications) as a guiding document for the campus within
Ashland's Comprehensive Plan.
Background:
Based upon staffs evaluation of the master plan, testimony at the public hearing from affected
neighbors and SOU representatives, the Commission recommended that several conditions accompany
the plan update. The conditions are intended to address the design of future faculty housing and mixed-
use development proposals to insure that the projects are sensitive to the character of surrounding
neighborhoods, as well as incorporate existing city standards related to size, scale and separation
between buildings. In addition, the conditions identify an obligation on the part of the university to
conduct future studies and adopt a variety of strategies, prior to development, that evaluate impacts
related to traffic and circulation, pedestrian safety, campus parking and transportation demand
management.
The Council has the option of accepting the amendments suggested by the Commission, as well as to
consider additional modifications. Ultimately, the SOU Master Plan Update will be adopted as a
subarea plan within the Comprehensive Plan, with any amendments inserted by Council attached as an
appendix to the plan.
The plan's Executive Summary notes that the updated Master Plan has been prepared to guide the
Southern Oregon University campus over the next decade (2010 - 2020). Student enrollment is
projected to increase over this period from 5,082 to 6,000. The plan prioritizes projects within several
distinct campus areas, which includes expansion and renovation projects for the Theater Arts and
Science buildings, as well as deferred maintenance projects for five key facilities.
The plan proposes a key shift in the structure of the campus through the relocation of existing housing
and a significant increase in future student housing within north campus areas. New housing will be
designed and constructed to contemporary standards on the university lands north of Siskiyou
Boulevard and Ashland Street. By .transitioning housing to the north campus area, existing locations
Page 1 of6
r.l'
CITY OF
ASHLAND
currently dedicated to housing, such as the Cascade Complex and Susanne Homes, can be identified
for potential long range growth of the academic core of the campus.
The Master Plan update includes an evaluation of the overall structure of the campus, providing
descriptions for proposed and recommended projects that the University would likely undertake over
the next ten year cycle. Future projects are grouped into several distinct categories, including Open
Space, Buildings (Academic and Housing), Athletics, Other Campus-Related Development and
Circulation. The plan also includes design guidelines for future development, for both buildings and
open spaces, which would be in addition to as well as complement existing City of Ashland site design
standards. Lastly, the Master Plan update provides a framework for sustainable planning, describing
the University's commitment to set goals to reduce greenhouse gas emissions and other environmental
impacts as well as specifying strategies that outline specific actions.
Planning Commission Recommendation
On July 14 2009, a public hearing was held regarding a request for adoption of the Southern
Oregon University Campus Master Plan 2010-2020 as a sub-area plan within the Ashland
Comprehensive Plan. The public hearing was continued with the Planning Commission taking
further testimony and concluding deliberations on March 9, 2010,
The Planning Commission recommended that the I O-year plan update be approved and suggested
several conditions of approval in order to provide additional clarification and to improve
coordination, review and approval of future university projects. Specifically, the Commission's
recommended that the following conditions be included with the Plan Update. These have been
organized into five categories that generally correspond to sections of the SOU Campus Master
Plan Update.
1. Housing and Student Life
Mixed Use Construction
. In addition to the mandatory Design Guidelines described in the Master Plan update, the
following areas designated for development shall be subject to Ashland's approval
standards for development within the Detail Site Review Zone (II-C-2), including those
additional standards for Large Scale Projects (II-C-3) (See Staff Exhibit "A"):
I. Along Ashland Street between Walker Ave and Wightman St, within ISO-feet of
the near edge of the Ashland Street right of way, and
2. Along Walker Avenue between Ashland Street and south of Webster Street,
within ISO-feet of the near edge of the Walker Ave. right of way.
3. Developments within these designated Detail Site Review overlay zones shall be
exempt from the maximum floor area requirement (FAR) standards as set forth
in sections II-C-2a(\) of the Site Design and Use Standards
2. Faculty Housing
. The following Design Guidelines shall be apply to faculty housing located along
Ashland Street and Henry Street west of Mountain Avenue, and along Walker Avenue:
Page2of6
'~.
r~'
CITY OF
ASHLAND
I. Building footprints shall be limited to 6,000 square feet total for a multi-family
building. Example: six attached 1000 square foot townhouses.
2. Buildings shall be no more than 120 feet long. For buildings longer than 60 feet, a
significant offset-5' or more-in the plane of the fa<;ade shall be created so that no
major fa<;ade plane is more than 60 feet in length. Projecting elements and/or
recesses-such as decks, bay windows and recessed entries-shall be applied to
facades to avoid long planar walls facing the street.
3. Buildings shall be limited to 3 stories above grade generally and 2 stories west of
Mountain Ave.
4. Building facades shall face the primary street or a shared open courtyard space
which in turn fronts on the street.
5. Building entries shall include porches, stoops and similar elements to create a
transition zone between the public street and the private home.
6. Individual entries to each dwelling unit are preferred. In no case shall more than
four dwelling units shall share a common entry from the street or common open
space. Example: traditional four-square style building, with two units above and two
at ground floor sharing an entry.
7. Buildings shall be designed with appropriate placement of interior spaces and
exterior winaows to provide views from active areas to the public street and/or
common open spaces [sometimes referred to as "eyes on the street"].
8. Shared parking shall not be located between the street and the primary fa<;ade of
dwelling units. To the greatest extent feasible, parking shall be located at the rear of
units. Where parking is located at the front of units, it shall be only in the form of
personal driveways serving individual units. In this configuration, garage entries
shall be set behind the primary fa<;ade of dwelling units by a minimum of five feet.
9. Exterior building finishes shall be similar to existing buildings in the surrounding
neighborhood. Vinyl siding is not an allowed finish material; metal siding is
discouraged, except as an architectural accent. Allowed materials include:
a. Wood siding or shingle;
b. Cementitious wood products;
c. Brick, stone and artificial stone.
10. Design elements that are representative of the surrounding residential
neighborhood context are encouraged, although literal repetition of historic styles is
not required or expected.
II. Landscape materials shall consistent with palette of the Ashland bioregion.
Native plants and drought-tolerant, non-invasive plantings are strongly encouraged.
Page) of 6
~~,
CITY OF
ASHLAND
. Conditional Use Permit Approval.
Faculty Village Housing proposed along Ashland Street and Henry Street west of
Mountain Avenue, and along Walker Avenue, is approximately 50-feet from privately-
owned property. Consequently, future development at these locations shall be subject to
approval of a Conditional Use Permit in order to address neighborhood context.
3. Demolition and Relocation of Existing Campus Buildings
. In addition to the requirements set forth in the Campus Master Plan for construction
waste reduction and on-site recycling collection facilities, proposals involving the
demolition or relocation of existing campus structures shall be subject to the procedures
and provisions of Ashland Municipal Code 15,04 - Demolition or relocation of
structures,
4. Transportation and Circulation
Student Housing -Pedestrian Safety Plan
. Prior to submission of a planning application for the development of new student
housing north of Ashland Street and Siskiyou Boulevard, the University will work with
the City, Oregon Department of Transportation and other stakeholders in developing a
specific plan for implementation that addresses actions targeted at improving pedestrian
safety. The Plan shall include but not be limited to improved crossings with enhanced
pavement design and access controls with an on-going monitoring of pedestrian flow
and safety issues. Design strategies shall be coordinated and prepared based upon the
expertise of both a traffic engineer and urban design professional.
Eastern Gateway - Pedestrian Safety Plan
. Concurrently with the transportation impact analysis and access management strategy,
the University will work with the City, Oregon Department of Transportation and other
stakeholders in developing a specific plan for implementation that addresses pedestrian
safety issues. Design strategies shall be prepared based upon input from both a traffic
engineer and urban design professional.
Student Housing - Transportation Impact Analysis and Access Management
. All future housing projects proposed shall be subject to a transportation impact analysis
(TIA) and access management standards described in the City of Ashland
Transportation System Plan (TSP). The final scope of this requirement will be evaluated
at the pre-application meeting preceding the land use application for Site Design
Review approval.
Eastern Gateway - Transportation Impact Analysis and Access Management
. Modifications to the University's Eastern Gateway area shall be subject to a
transportation impact analysis and access management standards as described in the
City of Ashland Transportation System Plan (TSP). The final scope of specifications for
Page 4 of6
r~.,
CITY OF
ASHLAND
preparation of a transportation impact analysis shall be coordinated through Ashland
Public Works Department.
Emergency Vehicle Access - Campus Circulation System
. Prior to any changes to the campus circulation system including vehicular and
pedestrian access ways, a site plan shall provided to and approved by Ashland Fire &
Rescue which demonstrates that that the proposed modifications are in compliance with
the emergency access provisions of the Oregon Fire Code.
5. Parking and Transportation Demand Management
Parking Requirements for On-Campus Student Housing
. Prior to submission of a planning application for campus housing, the University shall
development, through collaboration with city staff, specific parking standards for on-
campus housing. The standard is intended to reduce an over provision of off-street
parking and stress the use of alternate modes of transportation, by maximizing the
efficiency of established and future campus parking facilities through consideration of
the following strategies:
1. The University's development and implementation of Transportation Demand
Management strategies listed in the Master Plan;
2. Review of contemporary research, professional publications and other factors
effecting parking demand;
3. Analysis of shared parking scenarios; and
4. Review of potential impacts to neighborhood on-street parking supply
Transportation Demand Management (TDM) strategies
. That a list of potential Transportation Demand Management strategies accompanied by
a time line for implementation be developed and submitted in conjunction with campus
housing applications.
Related City Policies:
Ashland Comprehensive Plan - Public Services Element
Goal: To make maximum effort toward utilization of present and future educational and recreational
facilities and resources through public, private and city cooperation,
Council Options:
The Council may move to approve the 2010-2020 Southern Oregon University - Campus Master Plan
Update with the modifications suggested by the Planning Commission, and direct staff to prepare an
ordinance for first reading for adoption ofthe Plan (with the modifications).
The Council may move to approve the 20 I 0-2020 Southern Oregon University - Campus Master Plan
Update with the modifications suggested by the Planning Commission, as well as with additional
amendments, and direct staff to prepare an ordinance for first reading for adoption of the Plan (with the
modifications).
Page 5 of6
r~'
CITY OF
ASHLAND
Potential Motions:
. Move to approve the 2010-2020 Southern Oregon University - Campus Master Plan Update with
the modifications suggested by the Planning Commission, and direct staff to prepare an ordinance
for first reading for adoption of the Plan (with the modifications).
. Move to approve the 20 I 0-2020 Southern Oregon University - Campus Master Plan Update with
the modifications suggested by the Planning' Commission, as well as with additional amendments,
and direct staff to prepare an ordinance for first reading for adoption of the Plan (with the
modi fications).
Attachments:
I. Record for Planning Action #2009-00817, Amendment to the City of Ashland Comprehensive Plan
adoption the 20 I 0-2020 Southern Oregon University - Campus Master Plan Update
2. 2010-2020 Southern Oregon University - Campus Master Plan Update
Note: The latest version of the 20 I 0 to 2020 - SOU Campus Master Plan Update can be viewed on the
City of Ashland website at: http://www.ashland.or.us/SOU
Page6of6
r~'
CITY OF
ASHLAND
TABLE OF CONTENTS
2010-2020 SOU CAMPUS MASTER PLAN
PLANNING ACTION #2009-00817
PLANNING ACTION: #2009-00817
APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus
Ma$ter Plan 2010-2020 as part of the City's Comprehensive Plan. (This plan replaces the
previously adopted 2000-2010 Campus Master Plan.) COMPREHENSIVE PLAN
DESIGNA nON: Southern Oregon University; ZONING: 5-0
.....
DATE ITEM /. ... . <' . ..i '. '<<.. PAGE#.
4/13/2010 Planning Commission's Findings, Conclusions and Orders 1-5
4/07/2010 Pubiic Hearing Notices, Related Criteria, Affidavit of Mailing and Mailing Labels 6-18
3/09/2010 Planning Commission Meeting
Exhibit #1: Statement submitted by Rivers Brown 19-22
Meeting Minutes " 23-29
Speaker Request Forms 30-39
Agenda & Packet Materials 40-50
3/08/2010 Email submitted by Rivers Brown 51-56
2117/2010 Pubiic Hearing Notice, Related Criteria, Affidavit of Mailing and Mailing Labels 57-69
2117/2010 Measure 56 Notice. Affidavit of Mailing and Mailing Labels 70-73
8/04/2009 Letter submitted by Marilyn Briggs 74
7/21/2009 Applicant's Postponement Request Letter 75
7/15/2009 Email submitted by Gayl.e Vezie 76
7/15/2009 Email submitted by Tom Dimitre , 77
7/15/2009 Land Use Response Form submitted by Talent Irrigation District 78-79
7/15/2009 Planning Commission Meeting
Exhibit #1: Letter submitted by Rhianna Simes 80
Exhibit #2: Letter submitted by Heather Cook 81-82
Exhibit #3: Letter submitted by Carita Culmer 83
Exhibit #4: Letter and attachments submitted by Rivers Brown 84-95
Meeting Minutes 96-99
Speaker Request Forms . 100-124
Agenda & Packet Materials 125-133
7/14/2009 Email submitted by Rivers Brown 134-135
7/14/2009 Email submitted by Pamela Vavra 136
7/14/2009 Email submitted by Stephen Ryan , 137
7/14/2009 Email submitted by Darwin Thusius 138
7/14/2009 Email submitted by Randall Hopkins 139-140
7/14/2009 Email submitted by Craig Grossmann 141
7/13/2009 Email submitted by Linda Cannon 142
7/08/2009 Letter and attachments submitted by Rivers Brown 143-150
7/08/2009 Email submitted by Jean Taylor 151
6/25/2010 Public Hearing Notice, Related Criteria, Affidavit of Mailing and Mailing Labels 152-163
,
BEFORE THE PLANNING COMMISSION
CITY OF ASHLAND, JACKSON COUNTY, OREGON
April 13, 2010
In the Matter of Planning Action 2009-00817 regarding
Amendments to the City of Ashland Comprehensive Plan
to update the for Southern Oregon University 2010-2020
Campus Master Plan
)
) FINDINGS OF FACT AND
) CONCLUSIONS OF LAW
)
)
PBLlC HEARINGS:
On July 14 2009, a public hearing was held regarding a request for adoption of the
Southern Oregon University Campus Master Plan 2010-2020 as a sub-area plan within
the Ashland Comprehensive Plan. The public hearing was continued with the Planning
Commission taking further testimony and concluding deliberations on March 9, 2010.
Properties impacted by the proposed adoption of the Southern Oregon University
Campus Master Plan 2010-2020, or in the vicinity of the SOU campus, were provided
legal notice in accordance with ORS 227.186, Additional public information efforts
included a project web page included the proposed SOU Master Plan so that recipients
of the notice could obtain detailed information. The web page has been updated
throughout the public hearing process with meeting materials as well as the record. On
October sth, 2009, Southern Oregon University facilitated a public discussion with
campus neighbors and the surrounding community regarding the Master Plan update,
EVALUATION AND PLANNING COMMISSION FINDINGS:
The recommendation of the Planning Commission was based On consideration of the
following factors: .
A. Consistency with Oregon land use laws and regulations including specifically
OAR Chapter 197 regarding Comprehensive Land Use Planning Coordination
B. Applicable policies of the Ashland Comprehensive Plan.
The Planning Commission finds that the inclusion of conditions as outlined below is
necessary to provide additional clarification and to improve coordination, review and
approval of future university projects. With these conditions the Commission finds that
the proposed update of the SOU Campus Master Plan 2010-2020 is consistent with and
adequate to carry out the goals and policies in the Ashland Comprehensive Plan.
Findings of Fact and Conclusions of Law
Page 1
1
RECCOMMENDED CONDITIONS
Housing and Student Life
Mixed Use Construction
. In addition to the mandatory Design Guidelines described in the Master
Plan update, the following areas designated for development shall be
subject to Ashland's approval standards for development within the Detail
Site Review Zone (I1-C-2), including those additional standards for Large
Scale Projects (I1-C-3).
~ along Ashland Street between Walker Ave and Wightman St,
within I 50-feet of the near edge of the Ashland Street right of way,
and
~ along Walker Avenue between Ashland Street and south of
Webster Street, within I 50-feet of the near edge of the Walker
Ave. right of way.
~ Developments within these designated Detail Site Review overlay
zones shall be exempt from the maximum floor area requirement
(FAR) standards as set forth in sections I1-C-2a(l) of the Site
Design and Use Standards
Faculty Housing
. The following Design Guidelines shall be apply to faculty housing
located along Ashland Street and Henry Street west of Mountain A venue,
and along Walker Avenue:
J. Buildingfootprints shqll be limited to 6,000 square feet total for a
multi-family building Example: six attached 1000 square foot
townhouses,
2. Buildings shall be no more 'than J 20 feet long For buildings longer
than 60 feet, a significant oiJset-S' or more-in the plane of the
far;ade shall be created so that no major far;ade plane is more than 60
feet in length. Projecting elements and/or recesses-such as decks.
bay windows and recessed entries-shall be applied to facades to
avoid long planar walls facing the. street.
3. Buildings shall be limited to 3 stories above grade generally and 2
stories west of Mountain Ave.
4. Buildingfacades shall face the primary street or a shared open
courtyard space which in turn fronts on the street.
S, Building entries shall include porches, stoops and similar elements
to create a transition zone between the public street and the private
home.
Findings of Fact and Conclusions of Law
Page 2
2
5. Building entries shall include porches, stoops and similar elements
to create a transition zone between the public street and the private
home.
,
6. Individual entries to each dwelling unit are preferred In no case
shall more than four dwelling units shall share a common entry from
the street or common open space, Example: traditional four-square
style building, with two units above and two at ground fioor sharing
an entry,
7, Buildings shall be designed with appropriate placement of interior
spaces and exterior windows to provide views from active areas to the
public street and/or common open spaces [sometimes referred to as
"eyes on the street"].
8, Shared parking shall not be located between the street and the
primary faryade of dwelling units, To the greatest extent feasible,
parking shall be located at the rear of units. Where parking is located
at the front of units, it shall be only in the form of personal driveways
serving individual units, In this corifiguration, garage entries shall be
set behind the primary faryade of dwelling units by a minimum of jive
feet.
9, Exterior building finishes shall be similar to existing buildings in
the surrounding neighborhood Vi':lyl siding is not an allowedjinish
material; metal siding is discouraged, except as an architectural
accent, Allowed materials include:
a. Wood siding or shingle;
b. Cementitious wood products;
c, Brick, stone and artificial stone.
IO, Design elements that are representative of the surrounding
residential neighborhood context are encouraged, although literal
repetition of historic styles is not required or expected
I I, Landscape materials shall consistent with palette of the Ashland
bioregion, Native plants and drought-tolerant, non-invasive plantings
are strongly encouraged
. Conditional Use Permit Approval
Faculty Village Housing proposed along Ashland Street and Henry Street
west of Mountain Avenue, and along Walker Avenue, is approximately
50-feet from privately-owned property. Consequently, future development
at these locations shall be subject to approval of a Conditional Use Permit
in order to address neighborhood context.
Findings of Fact and Conclusions of Law
Page 3
3
Demolition and Relocation of Existing Campus Buildings
. In addition to the requirements set forth in the Campus Master Plan for
construction waste reduction and on-site recycling collection facilities,
proposals involving the demolition or relocation of existing campus
structures shall be subject to the procedures and provisions of Ashland
Municipal Code 15.04 - Demolition or relocation of structures.
Transportation and Circulation
Student Housing -Pedestrian Safety Plan
. Prior to submission of a planning application for the development of new
student housing north of Ashland Street and Siskiyou Boulevard, the
University will work with the City, Oregon Department of Transportation
and other stakeholders in developing a specific plan for implementation
that addresses actions targeted at improving pedestrian safety. The Plan
shall include but not be limited to improved crossings with enhanced
pavement design and access controls with an on-going monitoring of
pedestrian flow and safety issues. Design strategies shall be coordinated
and prepared based upon the expertise of both a traffic engineer and urban
design professional.
Eastern Gateway - Pedestrian Safety Plan
. Concurrently with the transportation impact analysis and access
management strategy, the University will work with the City, Oregon
Department of Transportation and other stakeholders in developing a
specific plan for implementation that addresses pedestrian safety issues.
Design strategies shall be prepared based upon input from both a traffic
engineer and urban design professional.
Student Housing - Transportation Impact Analysis and Access Management
. All future housing projects proposed shall be subject to a transportation
impact analysis (TIA) and access management standards described in the
City of Ashland Transportation System Plan (TSP). The final scope of this
requirement will be evaluated at the pre-application meeting preceding the
land use application for Site Design Review approval.
Eastern Gateway - Transportation Impact Analysis and Access Management
. Modifications to the University's Eastern Gateway area shall be subject to
a transportation impact analysis and access management standards as
described in the City of Ashland Transportation System Plan (TSP). The
final scope of specifications for preparation of a transportation impact
analysis shall be coordinated through Ashland Public Works Department.
Findings of Fact and Conclusions of Law
Page 4
4
Emergency Vehicle Access - Campus Circulation System
. Prior to any changes to the campus circulation system including vehicular
and pedestrian access ways, a site plan shall provided to and approved by
Ashland Fire & Rescue which demonstrates thai that the proposed
modifications are in compliance with the emergency access provisions of
the Oregon Fire Code.
Parking and Transportation Demand Management
Parking Requirementsfor On-Campus Student Housing
. Prior to submission of a planning application for campus housing, the
University shall development, through collaboration with city staff,
specific parking standards for on-campus housing. The standard is
intended to reduce an over provision of off-street parking and stress the
use of alternate modes of transportation, by maximizing the efficiency of
established and future campus parking facilities through consideration of
the following strategies:
>> The University's development and implementation of
Transportation Demand Management strategies listed in the Master
Plan;
>> Review of contemporary research, professional publications and
other factors effecting parking demand;
>> Analysis of shared parking scenarios; and
>> Review of potential impacts to neighborhood on-street parking
supply
Transportation Demand Management (fDM) strategies
. That a list of potential Transportation Demand Management strategies
accompanied by a time line for implementation be developed and
submitted in conjunction with campus housing applications.
CONCLUSIONS
Based upon the evidence in the whole record, the Planning Commission hereby
recommends the Council approve the adoption of the update of the SOU Campus Master
Plan 2010-2020 as part of the City's Comprehensive Plan, with the inclusion of the
recommended conditions.
i'trfrJ lJ/JtU.2!L#.
WI /3'; 0
Pam Marsh, Planning Commission Chair
Date
Signature authorized and approved by
the full Planning Commission this 13th
day of April, 2010
Findings of Fact and Conclusions of Law
Page 5
5
,.,
. Planning Department, 51 Winuurn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland,or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
PLANNING ACTION: #2009-00817
OWNER/APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010-2020 as
part of the City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master
Plan.) COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University ZONING: 8-0
ASHLAND CITY COUNCIL MEETING: April 20, 2010; 7:00 PM, Ashland Civic Center
Q ~1I L'IlO l,oa:lFflII
~flIltn..ar.fl>'''Pmc."",,_,,~
Notice is hereby given that a PUBLIC HEARING on this request to adopt the Southern Oregon University Campus Master Plan 2010-2020 as part of Ashland's
Comprehensive Plan will be held before the ASHLAND CITY COUNCIL on the meeting date shown ahove. The meeting will be at the ASHLAND CIVIC CENTER, 1175
East Main Street, Ashland, Oregon.
A copy of the related documents is available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning
Department in the Community Development & Engineering Services Building at 51 Winburn Way, Ashland, Oregon 97520.
During the Public Hearing, the Chair shaD allow testimony from the applicant and those in attendance concerning this request. The Chair shaH have the right to limit the
length of testimony. To receive a notice of the final decision, a person must participate in the public hearing submitting oral or written testimony and must submit a written
request to receive a notice of the final decision.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-
6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting. (28 CFR 35.102.-35.104 ADA Title n.
- lfyou have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305.
6
G:\comm-dev\planning\Notlccs MailedUOlOU009.Q0817 _ 4.20.10.doe
18.108.170 Legislative amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other
legislative amendments in order to conform with the comprehensive plan or to meet other changes in
circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the
Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a
property owner or resident of the City. The Commission shall conduct a public hearing on the proposed
amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing;
recommend to the CO!lllcil, approval, disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first considered.
The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After
receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on
the amendment. Notice of time and place of the public hearings and a brief description of the proposed
amendment shall be given notice in a newspaper of general circulation in the City not less than ten days
prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request,
except the Commission may permit a new application if, in the opinion of the Commission, new evidence
or a change of circumstances warrant it.
7
G:\comm.dev\planning\Norlee5 Mailed\2010\2009-00817_ 4.20. IO.doc
AFFIDAVIT OF MAILING
ST A TEOF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1 . I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 7, 2010 I caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice
to each person listed on the attached mailing list at such addresses as set forth on
this list under each person's name for Planning Action #2009-00817, SOU Master
Plan Update.
(,]y,~~) v/d,jI..tnA~
Signa e of'Employee
G;\conmd&v'4llallninglTl!Il1lIalesWlidavilofMa9l!LPlalU1lng Action Notice.doc 41W2010
8
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609 ELKADER
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3303 VALLEY VIEW RD
ASHLAND, OR 97520
391EIOCCI800
EADIE CAROL YN A TRSTE FBO
POBOX 3577
ASHLAND, OR 97520
391 E I ODC6800
ENGLE DOUGLAS M/LONNA M
1031 BEESON LANE
TALENT, OR 97540
391EI5BA8000
EPSTEIN MANUEL S TRUSTEE
2305 ASHLAND ST 266
ASHLAND, OR 97520
391EIOCCI201
FINCH PAUL JIVICKI J
420 BRIDGE ST
ASHLAND, OR 97520
391 E IOCC4000
FOSTER ROBERT RlF AYE
391 AVERY ST
ASHLAND, OR 97520
391EIOB03300
FREDRICKSON GLEN E TRUSTEE
1366 MAIN ST
ASHLAND, OR 97520
www.avery.com
1..s11VL.1::n...6.VI:DV
Easy Peel. Labels
Use Avery4!l Template 5160411
391EIOCBI5100
GALE JAN LOUISE
1283 QUINCY ST
ASHLAND. OR 97520
391EI5BA5700
GARNETT LISA ANNE
PO BOX 944
GRASS V ALLEY, CA 95945,
391 E09DA8300
GOSLING KENNETH ET AL
75-548\ MAMALAHOA HWY
HOLUALOA, HI 96725
391 EIOCC4200
GROTH PATRICIA A
1149 SISKIYOU BLVD
ASHLAND, OR 97520
r
391EI5BBI300
HALD JACQUE JEAN TRUSTEE ET
82\ JACKSON ST
MEDFORD, OR 97504
391 E09DA8200
HELLER FAMILY LLC
824 HOLTON RD
TALENT, OR 97540
391EIOCCI900
HILL ADRIENNE
420 TUCKER ST
ASHLAND, OR 97520
391EIOCD5500
HOUSING AUTH/JACKSON CO ORE
2231 TABLE ROCK RD
MEDFORD, OR 9750\
391EIOCC5400
INN FUTURE LLC
200 MEADE ST
ASHLAND, OR 97520
391E10CD5800
JEDTWICE LLC
3363\ 78TH PL
SCOTTSDALE, AZ 85262
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391EI5BA8200
GANT FRED/JEANNE L LEGRAND
715 S SUNRISE ST
ASHLAND, OR 97520
39IE\5BA6403
GODWIN DOUGLAS W/KA Y C
1508 OREGON ST
ASHLAND, OR 97520
39IE\5BA4500
GRACE EVANGELICAL LUTHERAN
660 FRANCES
ASHLAND, OR 97520
391EIOCC4100
HACKSTEDDE PAUL R
1555 MCANDREWS RD 303
MEDFORD, OR 97504
391 E IOCC5300
HANNAREID LLC
918 WALKER AVE
ASHLAND, OR 97520
391 E IOCD6000
HERRALD LlMATTHEW MCKINNON
373 WIGHTMAN
ASHLAND, OR 97520
391EIODB400
HODGIN MICHAEL
6714 COLEMAN CREEK RD
MEDFORD, OR 97501
391 E09DD4800
HOWE OLIVE J TRUSTEE ET AL
PO BOX 336
ASHLAND, OR 97520
39\ E09DD4700
ISSER STEPHEN/ISSER ANITA
84 GARFIELD ST
ASHLAND, OR 97520
39IE\6AA601
JEFFRIES JAMES ElIDA BELLE
593 S MOUNTAIN
ASHLAND, OR 97520
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391EIOCBI701
GARCIA GREGORIA GARCINFLOR
P,O, BOX 66805
ST, LOUIS, M063\66
391EIOCC\500
GOODMAN SANFORD R
1323 LEE ST
ASHLAND, OR 97520
391E15BB3\00
GRAF JOSEPH JR/S J COYNER
1160 FERN ST
ASHLAND, OR 97520 r
391EI5BBI200
HALO JACQUE JEAN 'TRUSTEE ET
600 ROCA ST
ASHLAND, OR 97520
391EIOBCI503
HEIMANN WILLIAM B TRISTEE E
647 SISKIYOU BLVD
ASHLAND, OR 97520
391EI5BA7700 HETLAND BARBARA I
TRUSTEE E
985 MAIN ST
ASHLAND, OR 97520
391 E I OCB 14600
HOlEN KRISTEN F
843 B ST A
ASHLAND, OR 97520
391EIOBCI402
HUMPHREYS BRUCE A/PEGGY J
1325 PAULA DR
BEND, OR 97701
391 E 15BA4600
JANSEN LLC
12042 SUNNYSIDE RD 442
CLACKAMAS, OR 97015
391EIOCB13300
JOHNSON ZUNA SUSAN
276 BRIDGE ST
ASHLAND, OR 97520
www.avery.c:om
1..ann..r..n..4\1-=DV
Easy PeelllD Labels
Use Averyfl) Template 516011D
391EI5BB2000
JONES THOMAS E1NA T ALlE C
605 ROCA
ASHLAND, OR 97520
391 E IOCA400
KANE KATHARINE MAYHER TRUST
175 WIGHTMAN ST
ASHLAND, OR 97520
391EIODC7100
KING JEFFREY/SUSAN MARSDEN
1617 PARKER ST
ASHLAND, OR 97520
391 E 16AA4000
KNOKE DANA LEE
1030 ASHLAND ST
ASHLAND, OR 97520
391EI5BB9401
KREISMAN PETER JON TRUSTEE
672 MONROE ST
ASHLAND, OR 97520
391 E I OCB2000
KUSTRON PAUL EDWARD TRUSTEE
1274 QUINCY ST
ASHLAND, OR 97520
391EI5BB9000
LEPLEY CARIM ALAN/DAMSTRA-L
260 WELLS FARGO DR
JACKSONVILLE, OR 97530
391EI5BB9500
LEWIS DONALD E/MARTHA S
1337 OREGON
ASHLAND, OR 97520
391EI0600
LOCKE RAYMOND LANCE TRUSTEE
1521 MAIN ST
ASHLAND, OR 97520
391EIOBCI403
LUKENS CARL B
43 CALIFORNIA ST
ASHLAND, OR 97520
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391 E I OCB 14900
JOYCE NEIL/KRISTIN BROWN
847 ARDEN DR
ENCINITAS, CA 92024
391 E 1 OCB500
KEARNS JOHN C
693 ROCA ST
ASHLAND, OR 97520
391EIOBD4100
KIRLIN CHARITABLE FOUNDATIO
PO BOX 1177
ASHLAND, OR 97520
,
391 E 15BB4500
KOCKS MARYLEN AGRELL
600 S MOUNTAIN AVE
ASHLAND, OR 97520
391 E I6AA200
KREPS RODNEY ElJULlA W
2844 117TH ST
SEATTLE, WA98125
391EI5BB7100
KUZMITZ ANDREW A/KATHLEEN R
710 ROCA ST
ASHLAND, OR 97520
391EI5BB8900
LEPLEY SACHA L YNDAlWILDGUST
935 HUNTER LN
SANTA ROSA. CA 95404
391 E IODC I 0400
LIGON WILLIAM C/JANET
POBOX 3534
ASHLAND, OR 97520
391 E IODC7000
LOCKLIN PAUL TRUSTEE ET AL
1350 NEVADA ST
ASHLAND, OR 97520
391 E09DD90008
MARSAK CARL TRUSTEE ET AL
PO BOX 507
MT SHASTA, CA 96067
4
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391EIOBCI700
JOYCE NEIL/KRISTIN L BROWN
847 ARDEN DR
ENCINITAS, CA 92024
391EIOBCI501
KELLER MARIE M
1923 1/2 WESTWOOD BLVD 2
LOS ANGELES, CA 90025
391EIOBD3800
KNAPP SUSAN
29 WIGHTMAN ST
ASHLAND, OR 97520
391EI5BB8800
KOZIOL JULIE A
15255 BOONES WAY
LAKE OSWEGO, OR 97035
391EI5BB9400
KRIESMAN JAMES B/MARION D S
1144 W IOWA AVE
SAINT PAUL, MN 55108
391EI5BB6300
LAUGHLIN ALISON DIANA
717 ROCA ST
ASHLAND, OR 97520
391EIOCD5300
LETTON JOHN BENJAMIN/LETfON
273 WILLOW WAY
TALENT, OR 97540
391EI5BA4400
LJH LLC
190 ASHLAND ST
ASHLAND, OR 97520
391EIODCI0100
LUDWIG ROBERT F
175 PILOT VIEW RD
ASHLAND, OR 97520
391 EIOBC8400
MARTIN CYNTHIA
1355 E MAIN ST
ASHLAND, OR 97520
www.8very.com
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391EI5BB4200
MARTIN SUSAN L TRUSTEE ET A
POBOX705
ASHLAND, OR 97520
391EI5BB3700
MATTSON VICTORIA
591 ELKADERST
ASHLAND, OR 97520
39 1 E09DD5201
MC NAMARA JAMES NMARCIA S
1007 ASHLAND ST
ASHLAND, OR 97520
391EI5BA300
MEISTER RICHARD J
870 CYPRESS POINT LOOP
ASHLAND, OR 97520
391EI5BA3200
MERCER DONALD J
1380 SISKIYOU BLVD
ASHLAND, OR 97520
391 E I OCD5600
MILLS RICHARD D
435 TERRACE ST
ASHLAND, OR 97520
391E09DD90003
MT VIEW-BEACH STREET LLC
2222 CHITWOOD LN
ASHLAND, OR 97520
/
391 E 15BB9100
NUTTER JERRY S/DEASCENTIS D
1336 MADRONE ST
ASHLAND, OR 97520
391 E 15BA 1300
ORE STATE/BOARD HIGHER ED/
1250 SISKIYOU BLVD
ASHLAND, OR 97520
3911i IOCA299
PAUL8T1CK ClIf.RLIi8 K/.'.DA Ii
NO ADDRli8S 81'PPUliD
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391EI5BB7300
MARX MELANIE J
2305-C ASHLAND ST 215
ASHLAND, OR 97520
391 E 16AA300
MAYNARD JIM
POBOX 340
ASHLAND, OR 97520
391EIOCB900
MCCRAE JAMES A
2442 NW MARKET ST 455
SEATTLE, WA 98107
391EI5BA700'
MEISTER'S BUY RITE INC
1450 ASHLAND AVE
ASHLAND, OR 97520
391 E IOBD700
MILL POND OWNER'S ASSOC INC
POBOX 3402
ASHLAND. OR 97520
391EI5BB4000
MODESITT WILLIAM K TRUSTEE
540 S MOUNTAIN AVE
ASHLAND, OR 97520
391 E I OBC8900
NORTHCUTT JACK D/BETTY A
1340 E MAIN ST
ASHLAND, OR 97520
391 E IOCB 13000
'OHMER DERIAL L
PO BOX 662
ASHLAND, OR 97520
391 E09DD51 00
ORREGO GEORGE H/A VERSA-ORRE
486 BEACH ST
ASHLAND. OR 97520
391EI5BA4402
PEOPLE'S BANK OF COMMERCE
750 BIDDLE RD
MEDFORD, OR 97504
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391EI5BB7600
MATTOS RICHARD A
687 LEONARD ST
ASHLAND, OR 97520
391 E 15BB8400
MC BAINE ROBERT V/MARSHA J
1300 OREGON ST
ASHLAND, OR 97520
391EIODB60I
MCMANUS ELISE M
268 WALKER AVE
ASHLAND, OR 97520
391 E 15BB7800
MELICK ANN
655 LEONARD ST
ASHLAND, OR 97520
391EI5BA7800
MILLER ROBERT M TRUSTEE
765 REITEN DRIVE
ASHLAND, OR 97520
39IEI5BA6500
MORGAN NICOLE
1480 OREGON ST
ASHLAND, OR 97520
391E15BA640I
,NUESSLE WILLIAM P TRUSTEE E
1516 OREGON ST
ASHLAND, OR 97520
391 E IODC6500
OLSON IV AN C/ELEANOR
1620 HOMES
ASHLAND, OR 97520
391 EIOCC6000
PALM STREET LLC
PO BOX 548
ASHLAND, OR 97520
391EIOBD3600
PETERSON SARAH/ERIK S
1380 MAIN ST
ASHLAND, OR 97520
www.avory.com
1_Dt\ft..t:n...AUI:DV
Easy Peele Labels
Use Avery4ll Template 5160Gll
391EI08CI502
PETROVICH MICHAEL/ANNE S
3715 W FIR
FRESNO, CA 93711
391EI58B7700
PRA Y JUDITH K
71675 SUN VALLEY DR
TWENTY NINE PALMS, CA 92277
391EI58B4100
RICHMOND TONI TRUSTEE ET AL
562 MOUNTAIN AVE
ASHLAND, OR 97520
391EI6AAI00
ROGUE VALLEY MEETING OF THE
543 S MOUNTAIN
ASHLAND, OR 97520
391EI58B3400
ROWE CHRISTOPHERlKA THLEEN
605 ELKADER ST
ASHLAND, OR 97520
391EI08DI200
RUST SUSAN P TRUSTEE ET AL
PO BOX 3505
ASHLAND, OR 97520
391EI08D800
SANCHEZ JOSEPH M
20 N WIGHTMAN ST
ASHLAND, OR 97520
391EI58B6600
SCHAAL BARBARA NATASHA TRUS
679 ROCA ST
ASHLAND, OR 97520
391EIOCB7590
SCHOENLE8ER W E IIIfTERRY J
993 1/2 SISKIYOU BLVD
ASHLAND, OR 97520
391EI58B7400
SEEVERS ROBERT EnOAN IRENE
725 LEONARD ST
ASHLAND, OR 97520
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391 E 1 ODB500
PHILLIPS-EDWARDS FAMILY TRU
1130 TOLMAN CREEK RD
ASHLAND, OR 97520
391EI58A6700
PRESTON WILLIAM EDWARD/ROSE
704 INDIANA ST
ASHLAND, OR 97520
391 E IOCC6400
ROBINSON IVAN L/JANICE
330 BRIDGE ST
ASHLAND, OR 97520
391 E09DA6600
ROMANO ETHEL M TRUSTEE ET A
912 SISKIYOU 8LVD
ASHLAND, OR 97520
391 E09DD4600
RPM PROPERTIES LLC
1875#10 HWY 99 S
ASHLAND, OR 97520
391 E09DD90007
SA JACQUELINE
119 MARIN CT
TALENT, OR 97540
391EI5888300
SATLER SERGIO 0
684 LEONARD
ASHLAND, OR 97520
391 E IMA500
SCHIEBER DA VID/L HERRICK
586 GLEN WOOD DR
ASHLAND, OR 97520
391EI01200
SCHOOL DISTRICT 5
885 SISKIYOU 8LVD
ASHLAND, OR 97520
391EIOCAI000
SEIFERT CARL M/KATHLEEN G
309 WIGHTMAN ST
ASHLAND, OR 97520
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391EI58B7500
PI'ITMAN GARTH M TRUSTEE ET
2625 TAKELMA
ASHLAND, OR 97520
391EIOC8800
RICHARDSON JUANITA F
160 CALIFORNIA ST
ASHLAND, OR 97520
391EI58B2100
ROCA STREET PROPERTIES LLC
1257 SISKIYOU 8LVD 25
ASHLAND, OR 97520
391EIOCA900
ROSBOROUG H WYATT 8/HELEN G
PO BOX 294
ASHLAND, OR 97520
391EIOCD6200
RUPP WILLIAM D TRUSTEE F80
938 CYPRESS POINT LOOP
ASHLAND, OR 97520
391E15884400
SAMEH SARAH
588 S MOUNTAIN AVE
ASHLAND, OR 97520
391EI5888200
SATLER SERGIO TRUSTEE ET AL
PO BOX 3157
ASHLAND, OR 97520,
391EIOC8501
SCHIPPER KIRSTEN
1375 IOWA ST #A
ASHLAND, OR 97520
391 E IOCC5500
SCHWARZER PETER F/R08IN L
1049 SISKIYOU BLVD
ASHLAND, OR 97520
391 E I ODB502
SEILER MATTHEW
PO BOX 184
EL PORTAL, CA 95318
WWWoavery.com
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Easy Peelllll Labels
Use Avery4D Template 5160CID
391 E IOCC2000
SHAMES JAMES G TRUSTEE
344 BRIDGE ST
ASHLAND, OR 97520
391EIOCBI2900
SHERMAN KAY LYNNE
322 BRIDGE ST
ASHLAND, OR 97520
391EIOCC5800
SISKIYOU OFFICE BUILDING LL
1025 SISKIYOU BLVD
ASHLAND, OR 97520
391 E09DA8000
SMITH DOMINIC C
965 SISKIYOU BLVD
ASHLAND, OR 97520
391E16AA400
SODERSTROM MARIE P ET AL
571 MOUNTAIN AVE
ASHLAND, OR 97520
391EI5BB2900
'STONE JEWELL V
588 ELKADER
ASHLAND, OR 97520
391EI5BA6400
TABER ROBERT E/MCKERNAN CHA
1500 OREGON ST
ASHLAND, OR 97520
391EIOCD5000
THOMPSON JOHN P
PO BOX 711
DALLAS, TX 75221
391EIOCBI3600
TUCK WILLIAM J
1372 IOWA ST
ASHLAND, OR 97520
391 E IOCA500
VEIS ROB WALTER ET AL
17337 TRAMANTO DR 112
PACIFIC PALISADES, CA 90272
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391 E09DD4500
SHEA RORY B
2768 QUAIL RUN RD
TALENT, OR 97540
391EIODB402
SHREWSBURY LAURENCE/LAURA
47 GRANITE ST
ASHLAND, OR 97520
391EI5BA6901
SMITH DENNIS UDOROTHY L
708 INDIANA ST
ASHLAND, OR 97520
391 E I OCB 13400
SMITH KIM
260 BRIDGE ST
ASHLAND, OR 97520
391EIOBCI405
ONNTAG JANET M
6141 MAURITANIA AVE
OAKLAND, CA 94605
391 E09DD5200
STOVALL SAM L TRUSTEE FBO
1015 ASHLAND ST
ASHLAND, OR 97520
391EI5BA8300
TAKEDA HIRAKAZU/ELlZABETH
730 PALMER RD
ASHLAND, OR 97520
391 E IOCB600
THORMAHLEN PHILIP TRSTE FBO
96 FORK ST
ASHLAND, OR 97520
391 EIODB600
TUSSEY KRISTEN
272 WALKER AVE
, ASHLAND, OR 97520
391EIODC6900
VEZIE RICHARD UGA YLE E
446 WALKER AVE
ASHLAND, OR 97520
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391EI5BB8100
SHEPHERD DANIEL P/AUSHNA A
650 LEAONARD ST
ASHLAND. OR 97520
391EI5BA800
SIERRA GRIZZLY LLC
PO BOX 970
MEDFORD. OR 97501
391EI5BA8100
SMITH DOMINIC
PO BOX 3270
ASHLAND, OR 97520
391 EIOCBI900
SMITH SHEILA TRUSTEE FBO
PO BOX 837
ASHLAND, OR 97520
391EIOBCI400
STEWARTC F LTD
PO BOX 622
ASHLAND, OR 97520
391EI5BA6000
STRASSER ANNE MARIE HYLAND
PO BOX 370785
MONTARA, CA 94037
391EIOBCI505
TAMASHIRO LESLIE B/GAIL M
3050 ALA PUAALA PLACE
HONOLULU, HI 96818
39iEIOBC5415
TSCHANN DENISE M
659 FORDYCE ST
ASHLAND, OR 97520
391EI5BBI700
UHTOFF KATHERINE J TRUSTEE
633 ROCA ST
ASHLAND, OR 97520
391EIOBCI500
WAHL SUSAN L
63 CALlFORNIAST
ASHLAND, OR 97520
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391EIODCI0200
WEBER,PAMELA K
472 WALKER AVE
ASHLAND, OR 97520
391EIODC6700
WENKER GEOFFREY JOHN/LISE A
PO BOX 1105
SCAPPOOSE, OR 97056
391EI5BA6900
WIES FRANK GEORGE
586 FIRST ST 224
SAN JOSE, CA 95112
391 E09DD600
WINTON-VOSS CHARLOTTE
361 SOUTH MOUNTAIN AVENUE
ASHLAND, OR 97520
391EI5BB8600
WRIGHT JEFFREY C
9208 NE 45TH ST
SEATTLE, WA 98115
391EIOCD6100
ZAP ELL JANET BLlNKA
PO BOX 1143
ASHLAND, OR 97520
ANGIE THUSIS
897 BEACH AVE,
ASHLAND. OR 97520
MARILYN BRIGGS
590 GLENVIEW DR.
ASHLAND, OR 97520
JESSE MILLER
430 ASHLAND
ASHLAND, OR 97520
ART BULLOCK
791 GLEN DOWER
ASHLAND, OR 97520
ALEX GOLDMAN
1153 IOWA STREET
ASHLAND, OR 97520
SLYVIAN BROWN
1067 ASHLAND
ASHLAND, OR 97520
ABRAHAM BETTINGER
367 BRIDGE
ASHLAND, OR 97520
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WHITENER VIRGINIA LOUISE
693 ROCA ST
ASHLAND, OR 97520
391EIOCBI000
WRIGHT FREDERICK FULLERTON
1593 PIONEER ROAD
TALENT, OR 97540
391EI5BB5800
ZASLOW DAVID B/DEBRA GORDON
692 ELKADER ST
ASHLAND, OR 97520
COLIN SWALES
143 EIGHTH ST
ASHLAND, OR 97520
KEITH SPEAR
570 GLENWOOD
ASHLAND, OR 97520
RHINNA SIMES
433 LIBERTY
ASHLAND, OR 97520
www.avery.com
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ATTN: LEGAL'PUBLICATIONS (NICK)
PUBLIC HEARING NOTICE
On April 20, 2010 the Ashland City Council will hold a public hearing regarding PA-2009-
00817, a request for adoption of the Southern Oregon University Campus Master Plan 20 I 0-
2020 as part of the City's Comprehensive Plan. (This plan replaces the previously approved
2000-2010 Campus Master Plan.) The meeting will be held at 7:00 p.m. at the Ashland Civic
Center, I 175 E, Main Street, Ashland, Oregon.
The proposed Southern Oregon University Campus Master Plan 2010-2020 is available for
review online at: www.ashland.or.us/sou and at the City of Ashland Department of Community
Development located at 51 Winburn Way, Ashland, OR between 8:30 a.m. and 4:30 p.m.,
Monday - Friday, Copies of the ordinance and file information are available for purchase if
requested. For additional inforqiation concerning this ordinance call the Ashland Planning _
Department at (541) 488-5305.
Oral and written public testimony regarding this matter will be accepted at the public hearing on
April 20, 2010. Written statements are encouraged and may be submitted prior to the hearing
date. Mail written comments to April Lucas, Administrative Assistant, City of Ashland
Department of Community Development, 20 E Main St, Ashland OR 97520, or via FAX at
(541) 552-2050, or via E-mail atlucasa@ashland.or.us. Failure to raise an issue in person or in
writing prior to the close of the public hearing with sufficient specificity to provide the reviewing
body opportunity to respond to the issue may preclude your opportunity for appeal on that issue.
To receive a notice of the final decision, a person must participate in the public hearings by
submitting oral or written testimony and must submit a written request to receive a notice of the
final decision.
By the order of Bill Molnar, Community Development Director
In compliance with the Americans with Dlsabll1tles Act, If you need special assIstance to partlclpate In this meeting, please contact
the City Adminlstrato~s office at (541) 488-6002 (TTY phone number 1-800-735-2900), Notification 72 hours prior to the meeting
will enable the city to make reasonable arrangements to ensure accesslblllty to the meeting (28 CFR
35.102-35,104 ADA TItle I).
Publish: No later than Saturday, April 10, 2010
E-mailed: March 19, 2010
Purchase Order: 87410
18
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:1.P6"l /h:ft~o ..s"Y:-_ i-f;1I. lk.c:- Rc~t2 fj] q vU/fd i:!,;o:itJ
Prioritized (Phased) Development of Faculty Village (for success).
Whereas,
To assure Faculty Village's success (if that is at all possible) the North
Campus location should be the first logical choice for success of this
controversial and 'iffy' scheme.
This superior location on North Campus for Faculty Village, is where it
would best fit in, both in scale and population density. This is where all of
the amenities for young family faculty (the target clients) are already
located: K thru 12 schools, playing fields, kid-intertie with family housing
nearby, Growers Market, Science Works, and the multi-use Creek to Crest
Trail connection to downtown and links to surrounding neighborhoods.
Also, there is no neighborhood opposition to this location.
Therefore,
Ashland Street and Glenwood Park neighborhood residents suggest that
the University prioritize their development with phasing according to the
below sequence:
1. Fully develop North Campus site first.
2. If this flushed out development works successfully, develop Faculty
Housing next along Henry Street adjacent to where apartments already
exist there, gradually moving eastward.
3. Develop along Ashland Street just west of South Mountain Ave., in the
older established single-family neighborhood there, as the last
alternative of this phasing.
Our reasoning on this issue is:
(a) Where would the Faculty Village concept be most likely to succeed and
not become some variant of rental property (possibly for students) if the
worst case scenario unfolds, and
(b) where would it be least likely to impact negatively the older established
single family neighborhoods' quality of life.
Thank you for your consideration on this very logical stipulation for
attachment to the SOU 2020 Master Plan,
19
City of Ashland
Planning ExhibIt
eXHIBIT . CO
PAN ~\~ ;""
DATE 'I (" STAFF P.
With this Faculty Village plan, the University exponentially grows into our
neighborhood, both with structure size and population density. Ashland
Street, especially, is not zoned for this type of development and we feel we
need protection from the worst consequences in case this plan
unfolds badly. Our residential neighborhood needs respite from the
constant business grind of the campus. We get breaks from the commotion
of the campus after school hours, weekends and during tri-mester breaks.
With such a large scale housing development our peaceful times that we so
dearly cherish now would be gone. We would have bustling activity 24/7-
365, and it would change our neighborhood forever, not for better.
There is a much better location on North Campus for this development,
where it would fit in both in scale and population density. This is where all of
the afore mentioned amenities for young family faculty are already located.
On just one aspect of it, the transportation of many young school children,
think of all the carbon emissions their not having to be car ferried, one by
one, or two by two to schools would save. Over on West Campus they
would be just within a 1 mile radius of elementary and middle schools, so
wouldn't be eligible for bus transport. It's subtle aspects like this that
outsourced planners don't quite get.
Reasons Faculty Village may fail: Cannot guarantee appreciation for the
'buyers' of the condos./ Would faculty really want to be 'locked in' to
staying on here when they realize after a few years this University may not
offer them the future they want./ What clear thinking faculty member really
wants their main 'corporate' competitors looking over their shoulder or
smoozing with their neighbors 24/7?/ It will create further institutional
insulatedness with the abandonment of the long held "town and gowns"
policy agreement the University and the City have traditionally had.
Starting this project on North Campus would also let the University
continue to use the eight houses on West Campus for renting out to Family
Housing, their most eagerly sought out housing category, without
diminishing their inventory for housing these students. Also, a few of these
have been recently upfitted and better insulated, so to just tear them out
now would be a loss.
Other Plan Issues:
Abandoning Student Housing above the boulevard is a bad idea.
Corralling the students down in a much more polluted and noisy commercial
20
zone cannot be good for them. The same 'Student Life' endeavors could be
instituted above the boulevard. Why throw the students into a fully
urbanized environment when they have it so well up where they are now?
The traffic and safety problem on the boulevard will only get worse. On
the latest plan they have eliminated the previous planner admonition that
there is really rio good way to accomplish 3 to 6 thousand extra crossings
per day at the already congested Siskiyou / Wightman / Indiana
intersection.
The 'mixed-use' first floor level of the planned student housing will impact
the local, homegrown merchants in the immediate commercial vicinity:
Without this mixed-use option developers will be less likely to buy into
building these dorms.
These below the boulevard dormitories will have to be 'secured' and become
more of a 'compound' with tall fences and few gateways, not only to protect
the students from 'off the street' occurrences, but also to protect the
developer's investment, Forget the laid back days of today, where the
students are relatively care free and casually stroll to and from class and
events without having to run the traffic gauntlet or interact with street
scenes. Forget also, the small time university feel that many students
choose this Ashland campus especially for. .
It's only the 'privatization' aspect of this housing scheme that dictates
transferring all the students to below the boulevard. If funding could be
found, it would be much better, and half the price, to upfit and remodel
Cascade dorms one wing at a time and still have concrete structures instead
of cardboard, and the University could still own and manage it.
Real, not 'in house,' studies should be done on this project, instead of
reverse engineered ones producing agenda skewed outcomes.
Paved and regimented core campus plaza vs. woodlands and meadows,
theme. We loose "the campus green."
Whole new roadway through open space field for the fuzzy benefit of a
dorm that could be decommissioned not far down the road.
The U. hardly heard a word we said at the 'open house.' In fact when
21
someone asked a somewhat related question they eagerly jumped ahead to
the different topic, prom'ising to return to 'faculty housing,' but never did. I
could hear the glee in their voices when that happened, knowing how it
would turn out. I wish the Administration hadn't 'locked down' the Rvtv
video of it so we all could see that spectacle in action again. You would be
especially entertained at how uppity the people got!
After being undernourished for years, public education is now under full
attack
Killing public education benefits corporations in two ways:
1) rich investors have new ways to make profitable investments (something
incredibly important to them during a recession).
2) Destroying public education allows for more public money to bailout
banks and expand war. The deficit created by pursuing these pro-
corporate policies is being paid for by cutting Education, Social Security, and
Medicare. '
.'
These are the real reasons behind the attack on public education through
privatization.
Forty three years ago next month, Rev. Martin Luther King, Jr. preached in
Riverside Church in New York City that "a time comes when silence is
betrayal." He was talking about this diversion of our resources from
primary needs to wars and the corporate structure, Dear planning
commissioners of our fair little town of Ashland, please don't join in this
silence about where we want our town to go. Speak out now and demand
more of the outsourcing newcomers who run our public institutions in the
middle of our city.
These privatizing aspects of the two very large and overreaching housing
projects, both of whiCh are headed in the wrong direction, need to be sent
back to the drawing board with more citizen input, At the very least, if you
are reticent to speak out loudly, then, at least, our prioritizing restrictions
should be attached to this Plan.
again:
1. Fully develop North Campus site first.
2. If this flushed out development works successfully, develop Faculty
Housing next along Henry Street adjacent to where apartments already
exist there, gradually moving eastward.
3. Develop along Ashland Street just west of South Mountain Ave., in the
older established single-family neighborhood there, as the last
alternative of this phasing.
22
Staff'ReDort
Community Development Director Bill Molnar explained in July 2009 the Planning Commission held a public hearing on the
2010-2020 Campus Master Plan but ran out of time before the Commission could take a vote, A week later, the University
asked the City to put this item on hold so that they could conduct further outreach with the community, In December 2009, the
University submitted a revised plan and requested that this be put back on the Planning Commission's agenda, Mr, Molnar
stated tonight the Planning Commission will hold a new public hearing and issue a recommendation to the City Council.
Mr. Molnar reviewed the suggested conditions presented by staff, In terms of the facuity housing proposed for Ashland
St./Mountain Ave, and Henry Street, staff recommends: 1) conditional use permits be required, 2) the University adopt
additional design standards addressing building scale, bulk, coverage and articulation, and 3) a Transportation Impact
Analysis (TIA) be completed prior to final design, In regards to the faculty housing proposed for Walker Ave" staff is
recommending: 1) the University adopt additional design standards addressing building scale, bulk, coverage, and articulation,
2) the Transportation Impact Analysis be completed prior to final design, and 3) conditional use permits be required for
locations within 50 It, of private property, For the mixed use development proposed for Ashiand Street, staff recommends: 1)
the project be subject to the City's Detail Site Review and Large Scale Development standards, 2) a Transportation Impact
Analysis be conducted prior to final design, and 3) the University adopt a Pedestrian Safety Plan and timeline for
implementation,
Mr, Molnar explained one area of concern the University has identified is the Floor Area Ratio (FAR) requirement in the Detail
Site Review zone, He stated the University has indicated the FAR maximum may be problematic for the types of buildings
they may propose, and since this standard was formuiated to apply to discrete commercial parcels, staff is open to some '
relaxation of this standard,
In regards to the Transportation Demand Management (TOM) strategies, Mr, Molnar stated staff is recommending SOU
promote the use of alternate modes of transportation and refine the campus parking requirements, in addition, staff is
recommending the University provide the City with their TGM strategies and a timeline for impiementation,
Mr, Molnar clarified staff is recommending all of the above be conditions of approval, He also clarified that while the City
Council will review and adopt the entire plan, the Pianning staff focused its review of the plan on the land use projects and
elements that will come before the Planning Commission as the master plan is implemented,
Comment was made questioning why staff is not recommending the TIA be completed prior to the adoption of the master plan,
Mr. Molnar explained master plans often indicate placeholders for development; however accurate traffic impact details are
not available until specific projects are ready to move forward, He stated at this point looking at intersection changes based on
the elements identified in the master plan would be premature; however the City's upcoming Transportation System Plan
update may identify areas within the campus where development is proposed and incorporate necessary facility
improvements,
ADDlicant's Presentation
Craig Morris and Eric Ridenour addressed the Commission, Mr, Morris noted last time they were before the Commission the
neighbors had a lot of misunderstandings about the University's proposed master plan; however since then, the University has
given the community time to share their concerns and also arranged a public meeting last October to discuss the plan,
Mr, Ridenour stated the master plan elements are driven by retention, recruitment, and fiscal responsibility; and he listed the
key elements of the plan as follows:
1) Two academic buildings are proposed for capital investments, Theater Arts will have a major renovation and addition, and
an addition is proposed for the Sciences Complex,
2) Five buildings are identified for deferred maintenance projects: Churchill, Sciences, Britt, Central and McNeal.
3) The University's athletics program anticipates potential field use changes and increased access and visibility projects,
4) The plan proposes to remove the Cascade Complex and outlines a new generation of modem housing located north of
Ashland Sf. and Siskiyou Blvd,
Ashland Planning Commission
March 9, 2010
Page 2 of 7
24
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
March 9, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p,m, in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Staff Present:
Bill Molnar, Community Development Director
Richard Appicello, City Attorney
April Lucas, Administrative Assistant
Absent Members:
'Larry Blake
Council Liaison:
Eric Navickas, absent
'Commissioner Blake did not attend the first part of the meeting for the SOU Master Plan public hearing,
but was present for the Croman Minority Report and TGM Grant Application agenda items,
ANNOUNCEMENTS
Commissioner Marsh noted the Economic Development update will come before the Commission at their April meeting and
stated their March 30th Study Session wili likely be canceled, Marsh also added 'Consideration of 2010 TGM Grant '
Application" to the end at the agenda,
CONSENT AGENDA
A. Approval of Minutes.
1. February 23, 2010 Planning Commission Minutes.
Commissioner Dotterrer clarified on Page 3 under Discussion of the motion, the minutes should indicate he was against the
properties at 650-750 Mistletoe Rd, being included in the Detail Site Review zone,
Commissioners Dotterrer/Morris to approve the minutes as amended. Voice Vote: all AYES. Motion passed 7.0.
PUBLIC FORUM
No one came torward to speak,
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2009.00817
APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Ma,ster Plan 201Q.2020 as part
of the City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master Plan.)
COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: S-O.
Commissioner Marsh read aloud the public hearing procedures for land use hearings,
Declaration of Ex Parte Contact
Commissioner Miller stated she performed a site visit. No ex parte contact was reported by any of the commissioners,
Ashland !='f8llning Commission
March 9, 2010
Page 1 of?
23
5) Faculty housing is proposed on Walker Ave. north of the railroad tracks, and also on Henry Sl. and Ashland St west of
Mountain Ave.
Mr, Ridenour clarified of the two housing types proposed, the student housing project is by far the higher priority of the
University, He also commented briefly on the circulation issues identified in the master plan, the enhanced pedestrian core,
and noted the master plan also lays out a series of sustainability strategies,
Mr. Ridenour stated following the last Planning Commission hearing the University held a neighborhood meeting and
members of the public were asked to vote on key questions, He shared some of the results from that activity and also
provided the following clarifications: 1) the Ecos Garden site will remain intact under the update, 2) Oregon state funds will not
be used to develop the proposed student and faculty housing, 3) the faculty housing improvements could be subject to
property taxes, 4) the University does not have plans to acquire additionai property in the next decade, 5) all plans for
perimeter properties will have to follow the City's conditional use process, 6) any faculty housing developed on Ashland Sl. will
be limited to a 1 Y, story height limit, and 2 stories for housing west of Mountain Ave" and 7) SOU has owned the softball
fields north of Iowa Sl. for decades,
Mr, Ridenour noted the following elements of the proposed master plan have changed since the Planning Commission's first
hearing: 1) graphics and text have been updated to clarify that SOU does not have plans to expand into properties not
currently owned by SOU, 2) the housing goais have been refined and clarified (up to 800 beds of new housing with the intent
to replace beds in Cascade and potentially Susanne Homes), 3) the plan includes more data on commute patterns, 4) there is
additional information on the condition of the Cascade Complex, and 5) added the statement "New faculty housing on Ashland
Sl. (west of Mountain Ave) will not be more than 1 Y, stories tall.'
Questions of ADDlicant
Mr. Ridenour clarified in general, the University has no objections with the conditions proposed by staff; however for the TIA
they would like to look at the whole student housing area as a cluster rather than project by project.
Mr. Morris clarified the University is potentially looking at 600-1000 new students and roughly 40 new staff and faculty
positions over the next 10 years.
Mr, Morris commented on the student housing element and stated replacing the Cascade Complex is a major priority for them.
He explained they have talked with students and they have indicated their disapproval of this style of housing and stated
students now desire apartment-type living with living room spaces, kitchens and private bathrooms, He added the University
views this as a recruitment and retention issue and it will be a priority for them to move forward with this relatively quickly, Mr.
Ridenour noted their proposal is not to replace Cascade Hall on the same site, but rather to build new housing on the north
side of Siskiyou Blvd. He also indicated the University will conduct a markefstudy to ensure there is a market for this type of
mixed use construction before they more forWard, He stated they would not build the commercial square footage if they didn't
believe they could fill it, and clarified the commercial uses would be targeted to the student body,
Comment was made questioning if the University anticipates the increased number of students using public transportation
since the master plan does not propose additional parking, Mr. Morris stated the University plans on making better use of their
existing facilities and explained most classes currently occur between 9 a,m, and 1 p,m, He stated as the student body
expands they will hold classes later in the afternoon, hold more evening classes, and have more use of their Medford facility.
Mr, Ridenour noted the master plan does recommend a review of the parking standards and to look for shared parking
opportunities.
Comment was made questioning if the University would be willing to do some of this transportation modeling upfront rather
than on a project by project basis. Mr, Morris provided an explanation of how the University receives funding and stated they
will not have the money to conduct a comprehensive transportation study until specific projects are identified and approved by
the board, He added it would be a financial hardship for them to agree to do a comprehensive study right now,
Ashland Planning Comm;sB;o/J
Marr:h 9, 2010
Page 3 of7
25
Mr. Molnar clarified the City's TSP update will evaluate the impacts of the campus master plan if it is adopted, and noted the
TSP will be looking at all modes of transportation, It was also clarified the University will be require to provide a pedestrian
safety plan before anything can be built north of Siskiyou Blvd,
Mr. Morris commented briefly on the proposed faculty housing and noted the difficulty the University faces in attracting new
staff due to Ashland's housing market He stated the master plan indicates a placeholder for this, but he does not anticipate
the University will move forward with this right away,
Public Testlmonv '
Dominique Brown, Abraham Bettinger, Keith Erickson, and Lindsay Tidwell allocated their time to Rivers Brown,
Rivers Brown/1067 Ashland StlExpressed his concern with the prioritized phased development of the faculty village and
recommended the University prioritize their development as follows: 1) fully develop the north campus site first, 2) develop
faculty housing aiong Henry Street adjacent to where apartments already exist and gradually move eastward, and 3) develop
along Ashland St just west of S, Mountain Ave, in the older established single-family neighborhood, Mr, Brown presented the
reasoning behind this recommendation and stated the faculty village would fit in best at the north campus location since this is
where all of the amenities for young families exist Mr. Brown commented on why the facully village may fail and shared his
concerns with abandoning student housing above the boulevard, He stated the traffic and safety problems on Siskiyou Blvd,
will only get worse and stated there Is no good way to accommodate 3,000-6,000 extra crossings per day at the already
congested Sisklyou/Wightman/lndiana intersection. Mr. Brown shared his concerns with the proposed mixed use student
housing and stated it is only the privatization aspect of this housing scheme that dictates transferring the students to below the
boulevard, He also shared his concerns with the University's open house and felt the University was not open to their input
(Mr. Brown's full written testimony was submitted into the record.)
Cate Hartzell/892 Garden Way/Stated SOU is integral to the community and it is good to see the University has plans to
replace the dorms; however, if this is a conceptual plan, the traffic and pedestrian issues should not be. Ms, Hartzell
recommended the Planning Commission ask staff to research the possibility of grant opportunities for the City and University
to come together and get the traffic study financed, She also recommended the mixed use housing be studied carefully given
the commercial property market in Ashland and cautioned that it may take some time before that kind of commercial property
fills up,
Sandra Slattery/1405 Plnecrest Terrace/Indicated she is speaking as a member of the SOU President's Advisory Board, Ms,
Slattery noted the University has 775 employees and the payroll alone contributes 48 million,dollars annually into the City's
economy, She stated the connection between SOU and the growth and development of our community cannot be
underestimated, and in order to ensure SOU's continued success in this economy it must have a master plan, She stated the
proposed improvements will enrich and expand the existing educational and recreational opportunities, as well as provide
student and faculty enhancements, Ms, Slattery stated the development of faculty housing is an important incentive for the
future of the University, especially in the recruitment of young professionals that we need in this community, She stated
student housing options is an important selection criteria prospective students use, and urged the Commission to support the
SOU Master Plan,
Alan DeBoer/2260 Morada Lnllndicated he is also a member of the SOU President's Advisory Board but is speaking as a
citizen. Mr, DeBoer stated SOU is one of the great things about Ashland and asked that the Commission support this plan, He
voiced his support for the proposed student housing upgrades and the potential for faculty housing, Mr, DeBoer stated he
hopes the Commission does not require the University to do a transportation study up'front He noted they are a couple years
away from building anything identified in the plan and he anticipates there will be some changes in transportation over the
next 10 years, He added it makes more sense to do this study prior to the application when the University determines the
specifics about what they want to build,
James Ford/507 Tucker StlStated he is also a member of the SOU President's Advisory Board. Mr. Ford voiced his support
for the Campus Master Plan for the following six reasons: 1) the plan represents developments specific to the University's
existing education district and no new property acquisition is proposed, 2) the pian allows the University to become
operationally efficient and ready to act as opportunities and the economy allows, 3) the plan will provide for facilities with the
Ashland e/a/J/JiI1Q Commission
Marcil 9,2010
Page 4 or 7
26
flexibility necessary to meet the ever changing needs of the campus, 4) SOU is a good steward and has been an excellent
corporate citizen, 5) the University is committed to recruiting, developing and retaining outstanding faculty and staff, and this
necessitates flexibility in facilities and housing on campus, and 6) the plan will help SOU become more financially sustainable
by improving the academic facilities and residential options,
, Rick Bleiweiss/1131 Highwood Dr/Stated he is a member of the SOU President Advisory Board but is speaking as a private,
citizen, Mr. Bleiweiss voiced his support for the approval of the University's master plan, He stated in addition to being the
largest employer in Ashland, SOU has the number one theater program west of the Rockies, Mr, Bleiweiss stated the theater
renovation project is going to be critical to keeping and maximizing that status, and it is also going to bring a lot of jobs, He
stated this plan creates a campus atmosphere committed to sustainability and he believes this plan goes hand in hand with
the University's climate action plan which set benchmarks for reducing carbon emissions and improving sustainable practices,
Mr. Bleiweiss stated the University is trying to be a responsible member of this community and thinks they should do whatever
they can to support SOU,
Rebuttal bv the Applicant
Mr. Ridenour clarified the proposed housing is compatible with the surrounding area and noted the new design guidelines that
were submitted with the plan, He also clarified the mixed use development will not be a gated area, but rather will incorporate
good urban design principles and will also comply with the City's Detail Site Review Zone requirements. Regarding the
transportation issues, Mr. Ridenour stated they believe the strategy proposed by staff to tie the TIA assessment to significant
development that will change circulation is the iogical way to go, He stated this will allow the University to move forward with
the master plan and pursue the funding they need to compiete these projects and to do the necessary studies, He stated they
believe this gives the City and the community the assurance they need that the planning will be done in advance of the
impacts,
Mr, Morris commented on the process they have to follow with the State legislature for capital projects. He explained they
need to have a master plan that sets a vision so they have a concrete basis for the p~oects they will start talking to
legislatures about over the next few months, He asked the Commission to consider the impact not adopting this plan will have
on them.
Advice from LeQal Counsel & Staff
Mr. Molnar clarified if the City's TSP update identifies issues with the University's plan, the master plan can be modified or the
City could impose conditions as these projects move forward.
Comment was made questioning if the T1A condition could be expanded to include all future housing projects, and not just
those within the north campus area, Mr, Molnar clarified the general focus was on the larger mixed use project on Ashland
Street, but this condition could be extended,
Comment was made questioning why the TIA is tied to the housing since the larger issue is the commuter traffic and how the
core of campus will be affected, Mr. Molnar commented that the appropriate vehicle to address the issue of future growth on
the campus is the City's TSP. Comment was made that this seems appropriate so long as the University is a player in that
process since it is their goals, their campus, and their impact.
Comment was made expressing concern with the pedestrian situation on Siskiyou Blvd, and with the options that have been
presented. .
Comment was made questioning if the City has enough housing in the inventory for 600 more students. Mr. Molnar clarified
there is enough land within the City's urban growth boundary to meet our housing needs for the next 20 years, however the 5-
year inventory for multi-family housing within the City limits is pretty tight.
Commissioner Marsh ciosed the record and public hearing at 9:03 p.rn.
Ashland Pff:HllJing Commission
, Marel. 9. 2010
Page 5 of 7
27
Deliberations and Decision
Commissioners Dotterrer/Rinaldi mls to recommend the Council's adoption of the 2010.2020 SOU Campus Master
Plan as part of the City's Comprehensive Plan, with the inclusion of staff's recommended conditions on pages 2-6 of
the Staff Report Addendum. DISCUSSION: Dotterrer clarified this recommendation includes the exemption for maximum
Floor Area Ratio (FAR), but does not exempt the separation of buildings requirement in the Detail Site Review standards,
Rinaldi recommended the Pedestrian Safety Plan condition be amended to read, "The Plan shall include but not be limited to
improved crossings wfth enhanced pavement design and access controls with an on-going monitoring of pedestrian flow
and safety issues," Commissioner Dotterrer accepted this amendment as part of the motion,
Rinaldi recommended the condition regarding the Transportation Impact Analysis and Access Management also be amended
to read, "All future housing projects Jll'9flsseli Vlithin the RSRh samJl/l& area shall be subject to a transportation impact
analysis IT/A) and access management standards described in the City of Ashland Transportation System Plan ITSP),"
Dotterrer accepted this amendment as part of the motion,
Commissioner Miller suggested the faculty housing be constructed at the Walker Ave. location before the Ashland
SUGlenwood Dr. area, Rinaldi commented that this could case the University some hardship and he wouid prefer to leave this
to the University's market analysis, He added he believes there is some benefit to having faculty housing closer to campus.
Miller voiced her concem with adding more student housing on the north side of campus, She stated this takes away from the
campus feeling and stated she also has concems with the proposed mixed use buiidings, Dawkins shared his concern that the
proposed attached housing won't match the surrounding neighborhood, He stated he aiso has concerns with moving housing
below the boulevard. Marsh commented that she is comfortable moving this fOlWard because the overall transportation
impacts will be incorporated into the City's TSP, She stated she believes the faculty housing on Henry St. is within the same
impact as the other housing in the area, Marsh also commented on the student housing component and voiced her support for
creating a zone of student activity near recreational facilities and potentially a commercial area, She acknowledged there is an
issue with students crossing Siskiyou Blvd, but stated crossing the street is an age appropriate activity for a college student.
Roll Call Vote: Commissioners Dawkins, Mindlin, Morris, Marsh, Dotterrer, Rinaldi and Miller, YES. Motion passed 7-0.
OTHER BUSINESS
A. Croman Mill District Plan - Minority Report
Commissioner Marsh explained this is the first time she has dealt with a minority report; and while she was initially open to
doing this, at this point she does not believe the report meets her personal standard for a minority report. She stated she
believes this report addresses issues the Commission never discussed and is much broader than she was anticipating,
Commissioner Marsh provided her opinion that the report should be presented to the City Council at their public hearing by the
individual members who drafted it.
The commissioners shared their opinions on whether it is appropriate to fOlWard the minority report along with their formal
recommendations to the City Council. Commissioner Miller stated the report addresses a lot of the issues that have been of
concern to her and she is in favor of fOlWarding it to the City Council. Commissioner Morris gave his opinion thatthe report
addresses items that were not on the record and stated he is in favor of the commissioners going before the Council as
individuals and presenting their concerns, Commissioner Dotterrer stated he is comfortable with fOlWarding the minority report
to the City Council and if it makes the other members more comfortable suggested adding a caveat that approval by the
Commission does not imply an endorsement of the minority report's content. Commissioner Marsh clarified her primary issue
is that if the minority report is incorporated into the Commission's official recommendation, it needs to be based on the same
record of information. Commissioner Rinaldi voiced his support for others right to have a dissenting viewpoint, but does not
know why that should carry the stamp of the Planning Commission,
Commissioners Miller/Mindlin mls to forward the Minority Report to the City Council, DISCUSSION: Commissioner
Mindlin commented that fOlWarding the minority report would accomplish recognition that there were considerable issues
discussed that are not represented in the recommendation, She stated everything in the report she attempted to bring fOlWard
during their discussions, and since they do not have verbatim minutes from their meetings it is difficult to see what was
actually discussed, Mindlin stated she was encouraged to do this and would like to see the minority report move fOlWard,
Ashland Planlling Commission
Marcil 9, 2010
Page 6 of 7
28
Roll Call Vote: Commissioners Dawkins, Mindlin and Miller, YES. Commissioners Rinaldi, Dotterrer, Morris, Blake and
Marsh, NO. Motion fails 5-3.
Commissioner Marsh indicated she would like for the Commission to revisit the process that was used for the Croman Master
Plan at a later date, possibly at a study session or at their annual retreat.
2. City of Ashland 2010 TGM Grant Application
Commissioner Marsh explained the Planning Commission is being asked to endorse a Transportation and Growth
Management (TGM) Grant Application, Mr, Molnar explained it is that time of year when the City competes for potential grant
dollars to do more advanced or long range planning, He stated the area identified for this grant is just south of Normal Ave,
and East Main St; it is within the City's urban growth boundary, but outside the City limits, Mr, Molnar stated some of the
property owners in this neighborl1ood have approached the City over the years with an interest in master planning the area,
but up until this point we have not been able to take on this project.
Mr, Molnar clarified in the past 6-months the Planning Division received a pre-application for a large development in this area
and the property owners are seeking direction from the City on what they want to see happen for this area, He added if this
grant was obtained this project would be meshed with the City's TSP update,
Comment was made questioning if there are other areas the City could apply this grant to instead, such as the To'lman Creek
Rd/Ashland St area, Mr, Moinar clarified the Normal neighborhood is the main area within the City's urban growth boundary
that is slated for future development that at this point the City does not have a comprehensive plan for. He added the City
already received a grant for the TSP update and this project will evaluate the Tolman Creek/Ashland area.
Commissioner Miller noted she lives within the area identified, She stated there are areas along East Main that are not going
to be densely populated and stated she would rather seek funding for areas that really have a problem.
Commission Mindlin indicated she would not be anxious to take this on unless there was development being pressed, Mr,
Molnar clarified the pre-application the City received was a proposal for annexation and zone change to construct 160
apartments,
General consensus was reached for Commission Chair Marsh to sign the letter of support,
ADJOURNMENT
Meeting adjourned at 10:00 p,m,
Respectfully submitted,
April Lucas, Administrative Assistant
,
Astlfand PIHlJIling Commission
Marcil 9, 2010
Page 7 of 7
29
.i'
i
i::"y
:j.
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone,
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair. usually 5 minutes,
5) If you present written materials, please give a copy to the Secretary for the record,
6) You may give written comments to the Secretary for the record if you do nol wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name !{l, l/(W2~<:
(please print)
Address (no P.O. Box)
Phone ,---J ~J./ r:; <60 6-
/2 02" , '
,h.";>f .l/--{:.,/j-t/
/ ,t'67-
/J-c::,.Jl- C 4---?!/ ,()
5 v'-;
Email .-:)/22.1l{::.-.ri--<{ /i)(/;:'7/ .:~t//:J ~.t/G::'.T
Tonight's Meeting Date
{J
'I /vt 4--rL
,,:? /!.Z";;;
Agenda item number
OR
Regular Meeting
'>J " / ,,~~, /, ,-1./<1<.- , ' - /J
, ,,-'u,-, ',,"," .,~r./ Yn../,)~/Z/~-/
TOl?ic for public forum (non agenda item) ~
Land Use Public Hearing '//,S~I'':[6'
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias. please write
your allegation,complete with supporting facts on this form and deliver it to the clerk immediately, The
Chair will address the written challenge with the member, Please be respeCtful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings, '-I ?Ui?r[..(:'
Written Comments/Challenge: A7L,,-- .-" , S' (,'-;-/ / ",:--z.,'''<:'
_~/t,li:':__rr'
,.(L.+t"5 . ( , /" , p">h.J
I A' c _/. '
.,J I- 'S
.
r-j t:J1"
The Public Meeting Law requires that all city meetings are open to the public, Oregon la11' does not
ahl'ays require that Ihe public be permitted to .\peak. The Ashlaml Planning Commission generally
invites Ihe public to speak on agendu items and during publicforum on non-agel/du items unless lime
comtraints limil public testimony, No person IlUS an absolute right to speak or participate in el'el)' phase
o(a proceeding. Please re.\pect the order of proceedings for public hearings and strietlvJi,lIow the
directions of the presiding (~tficl!r. Behavior or uctions 't\hic;h are lfnrf!as()nab~v lowl or disruptive are
disre'pecI!i.JI, ami may constitllte disorder/I' conduct. O/Temlers \ViII be requested tv I~ave the room,
Comments and statements by speakers do not represent the opinion of the City Council.
City Oft-icers Of employees ur the City of Ashland.
30
Planning Commission
Speaker Request Form
,
,
I) Complete this form and return it to the Secretary prior to tbe discussion of the item you wish to
speak about.
2) Speak to the Planning Conunission from the table podium microph;;ne,
3) State your name and address for the record,
4) Limit yourconunents to the amount of time given to you by the Chair. usually 5 minutes.
5) If you prcsent written materials, please give a copy to the Secretary for the rccord,
6) You may give written conunents to the Secretary for the record if you do not wisb to speak,
7) Speakers are solely rcsponsible for the content of their public statement.
Name helr) i Iv';()Lii,,"':
(please print) , _
Address (no P.O. Box) / 0 {>';'
Phone6lf'; - LIt'?. - 6<65" Email
-h, 'c> /', 'F
r.:JIC'L)L-VJV'
If,,; if[.. /f:)./~
her:: (y-'lnl
",,)r
C.~",/ 1"1-1 rilL::::! '''1<./.(
Tonight's Meeting Date
q
,,,,",.,- ~,/
r F I t;. I.! (;:-t~i
2- Llfc-'
Regular Meeting
Agenda item number
OR
Topic for public forum (non agenda item)
:'5CiC(. 2 </20 /11.itf 7t,::f (~t'v'
~~
..
Land Use Public Hearing cybJ
For: Against: .0;.-,.,,,-
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk inunediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings, I CilvC In"'J (~ !-)'1.(' 1-0 ;'/ ' NO)
Written Comments/Challenge: L-j C~?(--S ' 1.-
,/ (
cc5"--,
The Public Aleeting Law requires that all city meetings are open to the public, Oregon law does not
al1mys require that the public he permitted to speak The Ashland Planning Commis.\'ion generallv
invites the public to speak un agenda items and during publicfarum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in ellel)' phase
ora proceeding, Please respect the order urproceedingsfor pl/hlic hearings and strictlvfiJlluw tire
din.!ctinns ufthe presiding o.tfict?r. Behm'ior or actions "which are unreasonab~v loud or disrupth,t! are
disre.'pec(fitl. and maJ' constitute dison/t!r(v conduct. O.lfem/ers will be requested to leu\'t! the room.
Comments and statements by speakers do nut represent the opinion of the City CounciL
City Officers or employees or the City of Ashland.
31
Planning Commission
Speaker Request Form
;}
1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone,
3) State your name and address for the record,
4) Limit your comments to the amount of time given to you by the Chair. usually 5 minutes,
5) If you present written materials, please give a copy to the Secretary for the record,
6) You may give written comments to the Secretary for the record if you do not wish to speak,
7) Speakers are solely'responsible for the content of their public statement.
(please print)
Address (po P.O. Box) -;, Ot',
1\ \',^, r, \ .,
...., I I . 'I' 'f'\
: "..! ..;... '.lJ "
. ~ i J .
/'$ \-J i; ('
I~) .
(>,::,:H/'1"li'.r
Name
.'
Tonight's Meeting Date
.'. " ,~
" JEmail
~Iy)'[;
'\ ~, (+
f. , t, ~ I
:,1 . 1" \ "
l'\-.; s:(,,( \ ..--,)..rtl''\ : \ '"LV
\f i .' . r . 1
i~YH..v ,<..11.',
,
Phone ( S 'II \ (, 15 - >,-
.
Regular Meeting
,,"\
"-J)?
Land Use Public Hearing >(
For: Against:
Challenge for Conflict ofInterest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately, The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge wben you testify during the normal
order of proceedings, rl\~..,;,'J+ jv.... All.. t-^ PI.,,, ~ )1 oJ "t-
Written Comments/Challenge: /" 'A. [., (I
Fik.v1t'l V; lI,^~l
~o;:::.::-"'-'-._____~____."__. . ~. .-_0'__- ___ -- ---- n_.n_, -.--. -----",----._---
/ - - ----
/ ---- .
. . \
(-L oJ \v\- (I\:~ \ ;lY\e t<> R;Vd!' .') /
()(uv'" ^
-
,.-
,) t'..,J
OR Topic for public forum (non agenda item)
tll..;- ,-Ie: P I'A
Agenda item number
The Public lvleeting Law requires that all city meetings are open to the public, Oregon law does not
al\l'ays require that the public be permitted to speak. The Ashland Planning Commission generallv
invites the public to speak on agenda items and during public}orum on non-agenda items unless time
constraints limit public testimony, No person has an absolute right to speak or participate in ever)' phase
of a proceeding. Please re.'pect the order ~f proceedingsfor public hearings and stricllv./ol/ow lhe
directions of the presiding officer. Behavior or actions wltk'h are unreas{)nab~v loud or disruptive are
'disre,\pectfid, "illlmay constiulle disorderly conduct, (Jlfemlers\l'ill be reqllested to leave the room,
Comments and statements by speakers do not n:presenl the opinion (,[the City Council.
City Officers or ~mployees or the City of Ashland.
32
:1
.-j
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about,
2) Speak to the Planning Conunission from the table podium microphone,
3) State your name and address for the record.
4) Limit your conunents to the amount of time given to you by the Chair. usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record,
6) You may give written conunents to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
, VI i
Name '--'\.e th., I (L~\c."d
(please print) , , '
Address (no P.O. Box) ','J ';> t r)
~ I
t'n ( k)o ,....,
, f
1":-1,. ,
l '''V '"",:
, ,
GU
~
j,
'-
...-! -' L~'7 ./0 l
Phone )/) I' ,G0L
I)
Tonight's Meeting Date
Email
~)/'1//0
Agenda item number
OR
Regu!ar Meeting
Topic for public forum (non agenda item) <;-;, U
-2 c.JLo
,'(1' ., I
... [ i ~~ <.)..!.:o.. (, 1-- .:::t.,'V"
Land Use Public Hearing X
For: Against:
" "
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk inunediately, The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings, ~!lGi_/~ +/'VvL ,,-Iv rRl Vef~') IJ ('duJi"
Written Conunents/Challenge:
,) ;fou
---hJ'- f'Lt.-1J ( (C.' G7V1J '1(>....,; / O--n /0 41
-
,
(
The Public Meeting Law requires that al/ city meetings are open to the public, Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission general!v
inl'ites the public to speak on agenda items and during publicforum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in eVel)i phase
of a proceeding, Please re.\pect the order o(proceedingsfor public hearings and strictlv/ol/ow the
direction.y afthe presiding qtficer. Behavior or actions l-\'hich are unreasonab(v loud or disruptive are
disre.\pectlili, and may constitute disorderly conduct, Offenders will be requested to leave the 1'00111.
Comments and statements by speakers do not represent the opinion (If the City Council.
City Officers or employees or the City of Ashland.
33
I Planning Commission
Speaker Request Form
1) Complete this torm and return it to the Secretary prior to the discussion of the item you wish to
speak about.' .
2) Speak to the Planning Commission trom the table podium microphone,
3) State your name and address for the record,
4) Limit your comments to the amount of time given to you by the Chair. usually 5 minutes,
5) If you present written materials, please give a copy to the Secretary for the record,
6) You may give written comments to the Secretary for the record if you do not wish to speak,
7) Speakers are solely responsible tor the content of their public statement.
Name L\" r1"-,r:, , j'" 01\;(. II
(please prmt)
Address (no P.O. Box) ,G--:, ':s')0 F,
I.t), ( t. (.,
Phone
~) ~~) D 5 0(: Email
7,/ ci II 0
Tonight's Meeting Date
Regular Meeting
Topic for public forum (non agenda item) 5(\ L; df:.) .;;LO
Agenda item number
OR
Land Use Public Hearing
For:
Against:
x
"~
..s.;,
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning conunissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this torm and deliver it to the clerk immediately, The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt, You may also provide testimony about the challenge when you testify during the normal
order of proceedings, ,;l.i' , -;.' \ " ,
Written Comments/Challenge: i ,\ i { iTl V\/z \ '\\"" "'I'ii !<"III," r "
rT
(I /1 il''- ,)
lb r;" iJ,-, ,~J\ ((, (i""~",I'-"-1..:f
/) r"
,.",.....wr-
(-,=.>{\
:~dJ
2020
The Public .Iv/eeting Law requires that all city meetings an! open to the public, Oregon law does not
always require that the public be permitted to speak. The AshIamI Planning Commission generallv
invites the public to speak on agenda items and during publicfarum annan-agenda items unless time
constraints limit public testimony, No person has an absolute right to speak or participate in everv phase
o(a proceeding. Please respect the order o(proceedingsfor public hearings and strictlvfilllow lhe
directions of the presiding qfficer. Behavior or actions l-rhich are unn!a.wnab(v loud or disruptive are
disre,\pectlid, and may constitute disorderly conduct. Offenders will be requested to leave the /'oom,
Comments and statements by speakers do not represent the opinion of the City CounciL
. City Officers or employees or the City of Ashland.
34
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
,speak about.
2) Speak to the Planning Commission from the table podium microphone,
3) State your name and address for the record,
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes,
5) If you present written materials, please give a copy to the Secretary for the record,
6) You may give written comments to the Secretary for the record if you do not wish to speak,
7) Speakers are solely responsible for the content of their public statement.
Name e.. ' dX,12e \ '
Address (no P.6~~:~?rint)~4 2 Go.rJ.€.f\ ,^hy
Phone~' ~~~. 4\ \ \" 'Email' (,crt~@ 1M.\Y\6.. (\e.,-t
Tonight's Meeting'Date 3 V
'.
sou.. ~-\:e-\ V \0..\\ Regular Meeting
Agenda item number OR Topic for publie fornm (non agenda item)
W e~ 'me.. -\0
For:
Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testifY during the normal
order of proceedings,
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public, Oregon law does not
always require that the public be permitted /0 speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony, No person has an absolute right to speak or participate in every phase
ofa proceeding, Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer, Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the roonl.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland,
35
Planning Commission
Speaker Request Form
l,//
1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone,
3) State your name and address for the record, '
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name-S'O n d r;l
(please prin )[ ~
Address (no P.O. Box) , " 1'<2~. if',va CJ!...../
Phone Email
mu-- CI !d-D I (J
,
Tonight's Meeting Date
Regular Meeting
~l)()
Agenda item nnmber"y" OR
Topic for public forum (non agenda item)
Land Use Public Hearing
For: Agaiust:
Challenge for Conflict ofInterest or Bias
[fyou are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately, The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings, I
Written Comments/Cballenge:
The Public Meeting Law requires that all city meetings are open to the public, Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony, No person has an absolute right to;peak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer, Behavior or actions which are unreasonably loud or disruptive are
disrespectfitl, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
36
\
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission Irom the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair. usually 5 minutes.
5) If you present written materials. please give a copy to the Secretary for the record,
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
A-Gf\-'K-J
(please print)
Address (no P.O. Box)
~ ,;)
.D'E- ,160:t~. f---
,:"':2 ;;).. Coo IV\ 0 k A-I/) /i-.
L,<;i
Name
Phone '1&) - .:>~b 'i S Email
Ct L.Q.) c:9--l-., (6:, CL (:> . (c) )1'1
Tonight's Meeting Date
,3-C.' - \0
,yooi-OCFo 17
Agenda item number OR
Soe,\.
Regular Meeting
Topic for public forum (non agenda item)
.~~
X-. Land Use Public Hearing
For: Agahist:
I
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias. please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member, Please be respectful of the proceeding and do
not intenupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public !'vleeting Law requires Ihat all city meetings are open to the public. Oregon law does not
always require that the public he permitted to ,\peak. The Ash/and Planning Commission ge"era/~v
im';les the puhlic to speak on agenda items and during publicforwn on non-age1lda items unless time
constraints limit puhlic testimony. No person /ws an absolwe right to speak or participate in e\'eJ}-~ phase
0(0 proceeding. Please re,\pect Ihe order ofproceedingsfor public hearings and stricl!v!i,lIow Ihe
directions (~rthe presiding oj/icer. Behavior or udious H'hh:h tIre lInre(ls(}nah~l-' loud or disruptive are
disrespec(fitl, and may consfilUte disvrder~v conduct. O.tfenders will he n:ljllested to It:ave lhe room.
Comments and statements by speakers do not represent (he opinion of the City Council.
City Officers or employees or the City of Ashland.
37
/
t. ,"
Planning Commission
Speaker Reqnest Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission Irom the table podium microphone.
3) State your name and address for the record,
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes,
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
4~~'
(please print) L
Address (no P.O. Box) 70 '1
"M~ ~rd
-rrt)vt~.
(~~)
&4-,
Name
Phone (p IJ-- ~l.p(JDL(
Tonight's Meeting Date
Email
'3>lqhD
'7b V\.. Regular Meeting
Agenda item number ~- Topic for public forum (non agenda item)
Pl
\ CuA.'
Land Use Public Hearing
For:
Against:
Cballenge for Conflict ofInterest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately, The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You m'ay also provide testimony about the challenge when you testifY during the normal
order of proceedings.
Written Comments/Challenge:
.
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum annan-agenda items unless time
constraints limit public testimuny No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may cunstitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council.
City omcers or employees or the City of Ashland,
38
Planning Commission
Speaker Request Form
1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually S minutes,
S) If you present written materials, please give a copy to the Secretary for the record,
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name!~ I de R LC: r l.'( eJI....\
(please print)
Address (no P.O. Box)
PhoneC),O/-'O 717
. . ( l3 ( . HI r Jl WODU _/0.11 /VS .
Email F!.,;Ch f5([(vvPISj (ii~ (he, {'tlV}
Tonight's Meeting Date
':)
o
Regular Meeting
,soU
c
Agenda item number..::DU
OR
Topic for public forum (non agenda item)
Land Use Public Hearing
For:
Against:
Challenge for Contlict of Interest or Bias
lfyou are challenging a member (planning commissioner) with a contlict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately, The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings,
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permilled to speak. The Ash/and Planning Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
ofa proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding oJjicer. Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room,
Comments and statements by speakers do not represent the opinion of the City Council,-
City Officers or employees or the City of Ashland.
39
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak,
please rise and, atter you have been recognized by the Chair, aive vour name and comclete address for the record.
You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is
not allowed after the Public Hearing is closed,
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MARCH 9, 2010
AGENDA
I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II. ANNOUNCEMENTS
III. CONSENT AGENDA
A. Approval of Minutes
1. February 23,2010 Planning Commission Minutes
IV. PUBLIC FORUM
V. TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2009-00817
APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan
2010-2020 as part of the City's Comprehensive Pian, (This plan replaces the previously approved
2000-2010 Campus Master Pian.) COMPREHENSIVE PLAN DESIGNATION: Southern Oregon
University; ZONING: S-O
VI. OTHER BUSINESS
A. Croman Mill District Plan - Minority Report
VII. ADJOURNMENT
CITY OF
ASHLAND
~.l'
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 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 Titie 1).
40
ASHLAND PLANNING DIVISION
STAFF REPORT ADDENDUM
March 9, 2010
PLANNING ACTION: 2009-00817
APPLICANT: Southern Oregon University
LOCATION: Southern Oregon University campus boundary
ZONE DESIGNATION: SOU - Southem Oregon University
COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University
ORDINANCE REFERENCE:
18.64 Southern Oregon University
STATEWIDE PLANNING GOALS:
Goal 2 - Land Use Planning
OREGON REVISED STATUTES (ORS)
Chapter 197 - Comprehensive Land Use
Planning Coordination
OREGON ADMINISTRATIVE RULE (OAR): 660-030 Review and Approval of State
Agency Coordination Programs
REQUEST: Adoption of an Update of the Master Plan for Southern Oregon University: 2010-
2020
I. Background
At the Commission's regular meeting July 14,2009, a public hearing was held regarding
a request for adoption of the Southem Oregon University Campus Mastel' Plan 2010-2020
as a sub-area plan within the Ashland Comprehensive Plan. Given the amount of public
testimony, the Planning Commission was unable to complete their deliberations and
moved to continue the public hearing to the August I I, 2009 regular meeting,
On July 20'h, 2009, the Community Development Depa1tment received a letter from SOU
Vice-President for Finance and Administration, Craig MOl'l'is, The letter requested that
the SOU Mastel' Plan update temporarily be removed from the Commission's agenda so
that the University could schedule a meeting with campus neighbors and the sU1'l'0unding
community in the month of October. On October 5'h, 2009, John Fregonese, President of
Fregonese and Associates facilitated a public discussion on the Master Plan update,
In January 2010 upon a request by the University, the review and approval ofthe Campus
Mastel' Plan update was placed back on the Planning Commission agenda schedule.
Planning Action 2009.00817
Applicant: Southern Oregon Universily
Ashland Planning ~ivision - Slaff Report Addendum
Page lot8
41.
Changes to the document are identified by yellow highlights.
II. Project Impact - Suggested Conditions
The Master Plan update does not propose an expansion ofthe existing Southern Oregon
University campus boundary or an increase in area included within the Southern Oregon
University (SOU) zoning designation. Additionally, the revised Plan document does not
appear to incorporate any significant changes over what was presented to the Commission
at the July 2009 public meeting. As noted in the original staff report, there are several
areas covered by the Plan where staff believes additional clarification would be useful to
improve coordination, review and approval of future university projects. Following is a
list of suggested conditions that staff believes should accompany the 10-year campus
master plan update. The reasoning and basis for the conditions is included the July 2009
staff report, which has been included in the record for this action,
,
The primary areas covered in the Master Plan are included below and are accompanied by
a bulleted list of recommended conditions of approval.
Academic Bulldlngs (page 34)
. Demolition and Relocation of Existing Campus Buildings (Figure 12)
In addition to the requirements set fOlth in the Campus Master Plan for
construction waste reduction and on-site recycling collection facilities, proposals
involving the demolition 01' relocation of existing campus shuctures shall be
subject to the procedures and provisions of Ashland Municipal Code 15.04-
Demolition 01' relocation of structures.
Housing and Student Life (page 37)
'Studellt HOl/sillg
. A Pedestrian Safety PIau
Prior to submission of a planning application for the development of new student
housing north of Ashland Street and Siskiyou Boulevard, the University will work
with the City, Oregon Department of Transpo1tation and other stakeholders in
developing a specific plan for implementation that addresses actions targeted at
improving pedestrian safety. The Plan may include but not be limited to improved
crossings with enhanced pavement design and on-going monitoring of pedestrian
flow and safety issues. Design strategies shall be coordinated and prepared based
upon the expe11ise of both a traffic engineer and urban design professional.
. TranspOltation Impact Analysis and Access Management
Planning AcUon 2009.00817
Applicant: Southern Oregon University
Ashland Planning Division - Staff Report Addendum
Page 2 of 8
42
All future housing projects proposed within the north campus area shall be subject
to a transportation impact analysis (rIA) and access management standards
described in the City of Ashland Transportation System Plan (TSP). The final
scope ofthis requirement will be evaluated at the pre-application meeting
preceding the land use application for Site Design Review appro~al.
. Building Design for Mixed Use Construction
In addition to the mandatory Design Guidelines described in the Master Plan
update, the following areas designated for development shall be subject to
Ashland's approval standards for development within the Detail Site Review Zone
(II-C-2), including those additional standards for Large Scale P!'Ojects (II-C-3).
(See attached Staff Exhibit A);
· along Ashland Street between Walker Ave and Wightman St, within 150.
feet of the near edge ofthe Ashland Street right of way, and
· along Walker A venue between Ashland Street and south of Webster
Street, within ISO-feet of the near edge of the Walker Ave. right of way.
Note: The University has requested that the campus master plan be exempt f!'Om
the Detail Site Review standard establishing a floor area ratio requirement, and
that the separation between buildings provision be applied as a ratio of l.foot of
separation for every 3- feet of building height, with a minimum dimension not less
than 15.feet, Theil' proposal is described as follows:
· II-C-2a) Orientation and Scale #1 - maximum Floor Area Ratio (FAR)-
exempt
· 1I.C-3a) Orientation and Scale #3 . separation of buildings, when not
connected by a cOmIn.on wall. In lieu of this requirement, the space between
buildings in area and along the street frontages shall create a usable plaza,
with a minimum dimension of 15' feet and a minimum width of one foot for
every 3 feet of height, measured to the shorter of adjacent buildings.
S/ojjCollcerli/Recomlllelllln/lolll In a sense, the SOU campus is a series of individual, large
properties, separated by public streels, The application ofthe FAR requirement of.35 to ,5 was not
anticipated for use on f\ campus wide application. Consequently, some relaxation of this standard
may be understandable for future University development along this limited section of Ashland
Street.
At this point, however, staff does not support the proposed change in the separation between
buildings standard, The following Detail SIte Revlew standard:
II.C 3a) 3. Buifdings not connected by e common well shell be separeted by e distance equai to the
helghl of Ihe lallesl building. If buifdings 8re more than 240 feel in length, the separation shell be 60
feel,
allows for l.foot of separation for every I-foot of building height. Tltis seems consistent with
aclaiowledged urban design standards related to creating inviting public spaces that provide.
adequale, but not an overpowering, level of building enclosure abounding outdoor public spaces.
Pianning Action 2009-00617
Applicant: Southern Oregon University
Ashland Planning Division - Slaff Report Addendum
Page 3 of 8
43
FacilIty Village HOllslng
. Conditional Use Permit Approval
Faculty Village Housing proposed along both Ashland Street and Henry Street,
. west of Mountain Avenue, is approximately 50-feet from privately-owned
property. Consequently, future development at these locations shall be subject to
approval of a Conditional Use Permit in order to address neighborhood context.
. Building Size and Design
The 20 I 0-2020 Plan Design Guidelines shall be amended to clarity that the
current maximum length and footprint standards are not applicable to Faculty
Village Housing proposed along Ashland Street (across from Glenwood Park) and
Henry Street. Infill strategies and/or design guidelines for Faculty Village Housing
in these two areas shall be amended to include specific design standal'ds related to
building scale, bulk, footprint, coverage and articulation that take into account and
are sensitive to existing neighborhood character, while still recognizing the need
to accommodate faculty housing at locations and densities that create shott
walking distances to campus and encourage the use of alternate modes of
transpottation,
The following additional guidelines were submitted by the University at the
Public Hearing session of July 14u" 2009. When applied in conjunction with the
City's Basic Site Review Standards, it is staffs opinion that the proposed
guidelines address staffs concems noted above, and shall be added to the Design
Guidelines of the Master Plan, as submitted.
In the areas Identifiedforfaculty housing, the following design standards shall
apply:
I, Buildingfootprints shall be limited to 6,000 square feet total for a multi-
family building, Example: six attached 1000 square foot townhouses,
2, Buildings shall be no more than 120 feet long. For buildings longer than 60
feet, a significant offtet-5' or more-in the plane ofthefar;ade shall be
created so that no majorfar;ade plane Is more than 60 feet in length.
Projecting elements and/or recesses-such as decks, bay windows and
recessed entries-shall be applied to facades to avoid long planar walls
facing the street,
3, Buildings shall be limited to 3 stories above grade generally and 2 stories
west of Mountain Ave.
4, Bulldlngfacades shallface the prlmOlY sh'eet 01' a shared open courtyard
space which In turn fronts on the street,
Planning Acllon 2009-00817
Applicant: Southern Oregon Vnlverslly
Ashland Planning Division - Slaff Repo" Addendum
Page 4.01 8
44
5. Building entries shall include porches, stoops and similar elements to
create a transition zone between the public street and the private home.
6. Individual entries to each dwelling unit are preferred. In no case shall more
than foul' dwelling units shall share a common entry from the street 0/'
common open space. Example: traditionalfour-square style building, with
two units above and two at ground floor sharing an entry,
7, Buildings shall be designed with appropriate placement of interior spaces
and exterior windows to provide views fi'om active areas to the public street
and/or common open spaces [sometimes referred to as "eyes on the street"].
8. Shared parking shall not be located between the street and the primOlY
far;ade of dwelling units, To the greatest extent feasible, parking shall be
located at the rear of units, Where parking is located at the ji'ont of units, it
shall be only in the form of personal driveways serving individual units, In
this configuration, garage entries shall be set behind the primary far;ade of
dwelling units by a minimum offivefeet,
9. Exterior building finishes shall be similar to existing buildings in the
surrounding neighborhood Vinyl siding is nol an allowedjlnish material;
metal siding is discouraged, except as an architectural accent, Allowed
materials include:
a, Wood siding or shingle;
b. Cementitious wood products;
c. Brick, stone and artificial stone.
10. Design elements that are representative of the surrounding residential
neighborhood context are encouraged, although literal repetition of historic
. styles is not required 01' expected
],]. Landscape materials shall consistent with palette of the Ashland
bioregion, Native plants and drought-tolerant, non-invasive plantings are
strongly encouraged,
Circul.tion (p.ge 44)
Eastem Gateway
. Transp011ation Impact Analysis and Access Management Strategy
Modifications to the University's Eastern Gateway area shall be subject to a
transportation impact analysis and access management standards as described in
the City of Ashland Transport.tion System Plan (TSP). The final scope of
specifications for preparation of a transportation impact analysis shall be
coordinated through Ashland Public Works Depat1ment.
Planning Acllon 2009.00617
Applicant: Southern Oregon University
Ashland Planning Division - Slaff Report Addendum
Page 50f8
45
. Pedestrian Safety Plan
~oncurrently with the transp0l1ation impact analysis and access management
strategy, the University will work with the City, Oregon Department of
Transportation and other stakeholders in developing a specific plan for
implementation that addresses pedestrian safety issues. Design strategies shall be
prepared based upon input from both a traffic engineer and urban design
professional.
Changes to Campus Circulatloll System
. Emergency Vehicle Access
Prior to any changes to the campus circulation system including vehicular and
pedestrian access ways, a site plan shall provided to and approved by Ashland Fire
& Rescue which demonstrates that that the proposed modifications are in
compliance with the emergency access provisions of the Oregon Fire Code,
Parking
. Parking Requirements for On-Campus Student Housing
Prior to submission of a planning application for campus housing, the University
shall development, through collaboration with city staff, specific parking
. standards for on-campus housing. The standard is intended to reduce an over
provision of off-street parking and stress the lIse of alternate modes of
transpOltation, by maximizing the efficiency of established and future campus
parking facilities through consideration of the following strategies:
>> The University's development and implementation of Transportation Demand
Management strategies listed in the Mastel' Plan;
>> Review of contemporary research, professional publications and other factors
effecting parking demand;
>> Analysis of shared parking scenarios; and
>> Review of potential impacts to neighborhood on-street parking sllpply
. Transportation Demand Management (TDM) strategies
That a list of potential Transportation Demand Management strategies
accompanied by a time line for implementation be developed and submitted in
conjunction with campus housing applications.
III. Procedural- Required Burden of Proof
18,108.170 Legislative amendments
Planning Acllon 2009-00817
Applicant: Soulhem Oregon Unlverslly
Ashland Planning Division - Slaff Report Addandum
Page 6018
46
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or
make other legislative amendments in order to conform to the comprehensive plan or to
meet other changes in circumstances and conditions, A legislative amendment is a
legislative act solely within the authority ofthe Council.
B, A legislative amendment may be initiated by the Council, by the Commission, 01' by
application ofa propel1y owner or resident of the City, The Commission shall conduct a
public hearing on the proposed amendment at its earliest practicable meeting after it is.
submitted, and within thirty days after the hearing, recommend to the Council, approval,
disapproval, 01' modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the
Planning Department thirty days prior to the Commission meeting at which the proposal
is to be first considered. The application shall be accompanied by the required fee,
D, Before taking final action on a proposed amendment, the Commission shall hold a
public hearing, After receipt of the rep01t on the amendment from the Commission, the
Council shall hold a public hearing on the amendment. Notice of time and place of the
public hearings and a brief description of the proposed amendment shall be given notice
in a newspaper of general circulation in the City not less than ten days prior to the date of
hearing,
E. No application of a property owner 01' resident for a legislative amendment shall be
considered by the Commission within the twelve month period immediately following a
previous denial of such request, except the Commission may permit a new application if,
in the opinion of the Commission, new evidence 01' a change of circumstances warrant it.
18.108,060 Type III Procedure
A. The following planning actions shall be subject to the Type III Procedure:
I. Zone Changes or Amendments to the Zoning Map or other official maps, except for
legislative amendments,
2, Comprehensive Plan Map Changes 01' changes to other official maps, except for
legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B, Standards for Type III Planning Actions.
I. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may be
approved if In compliance with the comprehensive plan and the application
demonstrates that one 01' more of the following:
Planning AcUon 2009-00817
Applicant: Soulhem Oregon Unlverslly
Ashland Planning Division - Slaff Report Addendum
Paga 7018
47
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occulTed since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d, Proposed increases in residential zoning density resulting from a change from one
zoning district to another zoning district, will provide 25% of the proposed base
density as affordable housing consistent with the appl'Ov81 standards set fmih in
18,106,030(0);01'
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e, Residential Overlay), will not negatively
impact the City of Ashland's commercial and industrial land s<lpply as required in
the Comprehensive Plan, and will pl'Ovide 25% of the pl'Oposed base density as
affordable housing consistent with the appl'Oval standards set forth in 18.106.030(0)
,
The total number of affordable units described in sections D or E shall be
detelmined by rounding down fractional answers to the nearest whole unit. A deed
restriction, or similar legal instrument, shall be used to guarantee compliance with
affordable criteria for a period of not less than 60 years. Sections D and E do not
apply to council initiated actions.
IV. Conclusions and Recommendations
To reiterate statements in the original staff report, Ashland is f01iunate to have Southern
Oregon University within the community, The university adds to the community's
diversity, the richness of its culture, and strengthens the local economy. The master
planning effort presents an opportunity to assist the University in maintaining a strong
and viable institution within the Oregon University System, as well as make celiain that
significant changes to the campus built environment recognize and are in step with the
values and concerns of the Ashland community.
The suggested conditions of approval are directed at responding to issues raised with
respect to the shift of future housing n01ih of Ashland Street and Siskiyou Boulevard,
development of future faculty housing at selected locations at the perimeter of the campus
~ boundary as well as the need to suppmi and encourage the availability of a variety of
transportation choices for faculty, students and other university employees.
Staff endorses appl'Oval ofthe Master Plan update with the suggested conditions noted in
the staff rep01i addendum.
Planning AcUon 2009-00817
Applicant. Southern Oregon University
Ashland Planning Division - Staff Report Addendum
Page 80f8
48
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From:
To:
Date:
Subject:
Attachments:
Rivers Brown <jrivers@mind.net>
<commenUo _the _ council@list.ashland.or.us>
3/7/201010:57 PM
SOU 2020 Master Plan...& Privatization...
Part.001
From: Rivers <2020Plan@mind.net>
Date: Sun Mar 7, 2010 9:23:03. PM US/Pacific
Subject: PlanningCommission & SOU2020MasterPlan
Yes, friends, neighbors and fellow Ashlanders, below are some recent
(and not so) communications about the SOU 2020 Master Plan between a
neighbor friend and myself, Also, an opinion piece by me to the DT that
may be in tomorrow, Monday.
There was an articie in the DT Saturday, (
http://www.dailytidings.com/apps/pbcs. dll/articie? AI D=/20 1 00306/NEWS02/
3060311 ) that made me feel some of us dweiling here are experiencing
aiternate universes. Some of us are in 'insulated agenda boxes' while
others of us are stretched to try and cover the expanse of territory
separating our views of life and our values from some others around us,
Regrettably, these 'others' may be in more 'influential' positions,
Thanks for all you've done so far to tune into this ongoing issue.
Below is the article that shouid come out tomorrow in the Daily Tidings,
Rivers
To Guest Opinion - Daily Tidings:
Ever-greater Privatization
Hello Ashland, is anyone there? I wonder at this sometimes when the
only issues gaining any traction here are things like nudity and dog
park issues, while some very profound changes for our town are
stealthily headed our way that virtually no one knows about. So, here's
my take on the SOU 2020 Master Plan that comes to the Planning
Commission this Tuesday, March 9th, 7pm.
This Plan is a giant Privatization Scheme that pushes the envelope on
Fantasized Urban Molding, as if what is right for the Bay Area,
Portland, or SeaWe is what we as a community need arising in our
midst. In the last three years the financial services and the food
services on campus have' been privatized, much to the chagrin of many
students (the voiceless), This plan would now privatize the campus
student housing and even invent a privatized 'faculty housing,' as a
'next step' toward ever-greater privatization of staff and facuity
functions here,
The two housing projects, Student Housing and Faculty Housing, would
turn over large blocks of state land to private (possibly out of state)
developers to finance, build and manage these formerly state run
services, impacting the neighborhoods and retaii community they border
and project into,
51
RECEiVED
MAR - 8 2010
City of Ash:~nd
Community Development
I: (3/8/20fO),A.llriILuc:as-S()U ?020I\l1a~l;'r PI~n...&Privati:iati6n..
?ag~21
With the Student Housing all of the fee-paying students will be
transferred to below the boulevard while the subsidized Faculty Housing
will be Installed above the boulevard, a glaring example of
. 'Institutional Elitism' just on the face of it. The megalithic concrete
and steel dorms students now use will be bulldozed and the land 'land
banked' for some future grand and glorious Academic Expansion.
On July 14th, last summer, our 'Neighborhood and Community Garden
Working Groups' had the "Bastille Day" insurrection at the Planning
Commission meeting where 26 city residents signed in and spoke out
against this proposed plan. The University then withdrew the plan, and
had a 'SOU Master Plan Open House' in October because they had had so
little public input in this outsourced plan development process.
Attendees were all given 'clickers' to vote on a number of issues that
had questions very skewed toward their plan. We would all vote first,
then discuss the question. It would have been interesting with a second
vote after each discussion. Over 20% of 'clickers' indicated that they
worked for the University, Stili, with this, it didn't go well for the
University,
When i inquired about maybe getting a copy of the RVTV recording of the
'Open House,' i was told to make an appointment to see it 'in house', I
didn't go there, but did listen to a voice recording of it i had made,
and noticed some 'differences' between what the U's website poll result
showed and how 'excited' or 'not' the Neighbors were about The Plan, I
wish the U. wouid release. the video for public viewing so we all could
compare their 'poll results' with what the recording shows.
(the expunged paragraph below) yes, a bit much 'hatchet.' DT Person
said he couldn't go there, so (above paragraph) i toned it down, which
was good, r,
r,
(The RVTV recording of the 'Open House' was 'locked down' with no
public telecast of it and viewing of it only by appointment on a case
by case basis, The Administration said the comments on their web site
pertaining to The Plan would not be made public, and the 'resuits' of
the seriously skewed clicker poll posted on their web site were a bit
manipulated and even changed to make it look far more favorable to
their agenda, which was business as usual, with only a slightly
modified plan.)
Yes, it's true, our university system is in sad financial shape, and
this campus especially, through mismanagement over the years, has some
large infrastructure problems, The question is: does this mean that
'privatization' is the only answer now?
Maybe some among you readers out there can add some creativity to this.
To view The Plan you can go to either the SOU web site:
http://www.sou.edu/master-plan/index.htmlor the City web site:
http://www.ashland.or.us/sou (Page.asp?NavID=11872). The Planning
Commission is hoiding a Public Hearing on this Tuesday, March 9th at
7pm, in Council Chambers. Maybe you'd like to put your 2 cents worth
into what little public discussion we may be having on this issue
before it's a done deal.
52
I (3/812010).April.~uca~ :.sgu 2.02QMal'iorpl~~::,& f'!.i~~tiz'!ticin,..,
u.F'age:.~1
There are some good and some bad, even very bad, ideas in this Plan.
It's not just the two mega-sized and privatized housing projects that
need more public input and rethinking, Others like replacing the
central campus open space of 'woodland and meadows' theme with a square
paved plaza, and building a whoie new roadway diagonally crossing the
open grassy slope behind the Library and Suzanne Homes Dorm should be
severely questioned, if not outright objected to.
Many of us 'neighbors' are not happy about the University's abandoning
the 'town & gowns' philosophy with.the 'facuity housing' scheme. And
many are appalled at the 'step down' the students wili take being
corrailed beiow the boulevard in the commercial district, and with ail
the traffic and safety problems this pian entails, Maybe you should
check it out and have your say so, too.
Rivers Brown, Ashland
From: Rivers
Date: Sun Mar 7,2010 7:59:35 PM US/Pacific
To: "John"
Subject: Re: maybe...
Yes, "John", nice to hear from you. I did read the DT article. I found
some truth in it, but then again most of it just reinforced how 'in the
box,' at least from my perspective, the U. is, and how 'outsourced' the
whole plan is. It should be an issue about how administrators and
planners are invited into 'ashiand' to reshape the middle of the town
within a year to two of arriving without hardly getting to know what
ash land is about. It's iike they're in some corporate spaceship over
there, and step outside of it just to talk to us but don't really
listen to what we have to say. Maybe i'm being a little extreme here,
but i really had more hope for this little burg.
Just got off the phone with a DT person about printing my Guest
Opinion, He had a problem with one paragraph so ire-wrote it. M?ybe,
maybe not, the new paragraph will make it in. He said he'd try.
John Fregonese told me, at the end of the 'Open House' he facilitated,
"at least you're (the U. and Neighbors) within shouting distance now,"
Somehow, i feei he meant that the U. wasn't going to bend much. They've
got their ways and agenda, and i don't think the neighbors, or even the
students, count for much in their scheme of planning,
I've gotten two tours of Cascade and i stili feel those dorms couid be
upgraded for haif the price of new cardboard dorms down beiow the
boulevard in the 'commercial' district. The probiem is the U, and the
State have no money (supposedly) and this whole plan hinges on private
money for cutting them in on the take, probably quite handsomely, The
U, has to furnish big blocks of land to cede to a corporation that wiil
finance, build and manage these facilities, and just turning over
Cascade wouldn't work on that level.
I will go to the PC Tuesday and say my piece. I won't do a slide show
this time, but just go through pertinent pages of the plan that they
may be able to follow,
53
1:(31~/.?01())J\p'rii L~~as-..~.QlJ.2020.Maii'or f'lan::,a. Priva!iz~tio~",
Page 4 I
I'll be asking for a "prioritization" of the 'faculty village' plan, I
believe, since it's such a controversial and 'iffy' plan they should
start where it has it's best chance of succeeding, out on No, campus
where the schools, playgrounds, markets, kid-intertie with 'family
housing,' and multi-use paths are. Also, the architectural scale and
population density would be much more appropriate with no controversy,
If it could work there, then, in phases, try it on Henry Street, and
lastly on Ashland Street, in the heart of our oider established
neighborhoods, It could end up staff or even student housing if their
'grand plans' don't pan out.
The 'faculty village' concept could bomb, as there is no way to
guarantee appreciation, and some of the California colleges are
regretting that included condition now, The Cal. Board of Regents, are
a private corporation that controls the universities down there, These
corporations just don't respect their clients (students) and manage the
system much more like a for profit business (weapons labs) than 'public
education.' There's a picture of Santa Cruz, in the 2020 Master Plan
about their model 'faculty village' there. I've heard that they may be
opening that campus back up for business soon.
Anyway, i believe most of us 'neighbors' are weary and don't have the
time and energy to 'oppose' the U, much more about this plan. Some of
us have seen a little improvement as far as our personal impaction by
this pian. Some of us have just chosen to try and get on about our
lives. I haven't tried to organize anything up since "Bastille Day,"
but may send a littie note out to some folks whose emails i have from
before. The U: is a machine and we just aren't into how unfeeling and
agenda driven they are. There are quite a few unpieasant ramifications
built into this plan, I do not believe it bodes well for our town.
Thanks for your interest. Sorry for the somewhat disjointed letter.
Rivers
On Sunday, March 7, 2010, at03:11 PM, "John"wrote:
> Hey Rivers:
>
> What are your thoughts re the SOU plan, I was pretty disgusted with
> Larry Blake's comment in the Tidings (some people are only happy when
> there are no classes..,) The guy. is dense,
>
> Are you happy with the changes, or not. If not, let me know as I'd
> like to
> write some ietters about it.
>
> Thanks.
>
> "Johnll
>
> On Oct 7, 2009, at 7:30 PM, Rivers wrote:
>
> Hey "John",
>
54
I (?I8/2010) April Lucas: SqI,l2()2.0Map'''r Pian.,.&,Priv<itiz?tio.n.,...
. Page 51
> maybe, was it televised? They did say they wouid come back to 'facuity
> housing' but never did. Just sorta ran out of time, ; ) ; ) I do
> intend to go further with them as i see the folly of this plan unfold,
> i/we really want to help them do the right thing, and do it in harmony
> with the surrounding community. We still have to clue them in to more
> ramifications. it's just a indicator of how much insulated and
> outsourced, and 'old school' group think they've indulged in.
>
> One of the keys (which Craig Morris admitted to me) is that they have
> no money, so to get all this done will take privatization (PPP's), At
> least this is how they see it. So, more of the same old tear down and
> build thinking, But, it doesn't have to be this plan, another, more
> sustainable plan couid easily still incorporate PPP's. Not that i like
> the concept that much,
>
> An example would be upfit the existing fioors of Cascade, one wing at
> a time, maybe PPPing a floor or more added on top for students that
> want the swankier digs and have congregating space (for everyone) up
> there to, Talking about a view, and not taking away viewscape from any
> surrounding neighborhood dwellings (i've checked it out). This all on
> the same footprint currently occupied. The students get to stay above
> the boulevard (where everyone wants to be anyway) and this apex
> concrete and steel structure that could be here for a long, long time
> would not just be trashed for a cardboard one (or some).
>
> One of the subtle but obvious things that a student just told me as i
> was taking pics of Cascade and Madrone dorms was that she is really
> upset that more students aren't opposing this stupid plan and even
> more so, opposing how the legislature keeps cutting funds to education
> and the students get their class time (education) cut. She thinks if
> the students don't care the 'people', ie. taxpayers and legislators,
> will see this, and cut funds further.
>
> There are so many unwise facets to this plan, from my viewpoint, that
> i keep discovering them as my view of it evolves, It's so gigantic,
> maybe by design, so that it's hard to tell, at first, that the
> 'emperor has no clothes.'
>
> Craig Morris also sounded like he really wanted me to come and visit
> him and give him an ear full. Maybe they can be further tweeked, we'll
> just have to see, Maybe he just wants to hear about views they can
> 'work around' to accomplish some agenda besides what i see now? again,
> we'll just have to see,
>
> Our own personal situation, within SO zoning seems to be better now in
> that they announced all the landowners within this zone should ask the
> city to change our zoning, as they have no intentions of buying any of
> us out and expanding, and will inform the city of this,
>
> As i've been talking with different 'stakeholder' groups about this:
> students, garden, neighborhood, real estate, and retail, i feel like
> sort of a de facto, ad hoc, front man with representing, at least,
> some facets of impacted livelihoods and lifestyles surrounding the U.
> and think i could help them sculpt a plan that most could agree upon,
> If i'm even up to this. I don't really feel like i have to 'fix' it,
> but on the other hand, don't want to see the environment and people
(
55
I, (3i8/2()10)AprilhLJc:as.~ SOUn2Q2() Map'''rPI<ln,:,& Privatization,_,
l"agef3!
> around me be impacted negatively by this overreaching and
> undeiiverable plan, - .
>
> anyway, i could go on, but maybe we can talk about it some time if you
> would like.
>
> Rivers
>
>
> On Wednesday, October 7, 2009, at 03:09 PM, "John" wrote:
>
> Hi Rivers:
>
> It sounds like the meeting held re SOU was more like
> SOU justifying what they are planning, rather than
> actually listening to the residents...,
>
> IlJohnll
>
>
>
~
56
~.:. 1
Planning Department, 51 Winb Nay, Ashland, Oregon 97520
541-488--5305 Fax: 541-552-2050 www.ashland,or.us TTY: 1.800-735-2900
CITY OF
ASHLAND
PLANNING ACTION: #2009.00817
OWNER/APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010-2020 as
part of the City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master
Plan.) COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University ZONING: S-O
ASHLAND PLANNING COMMISSION MEETING: March 9, 2010; 7:00 PM, Ashland Civic Center
o ZllOOO l.oooFeet
~~...._ftw",...........""",.not_.....
Notice Is hereby given that a PUBLIC HEARING on this request to adopt the Southern Oregon University Campus Master Plan 2010-2020 as part of Ashland's
Comprehensive Plan will be held before the ASHLAND PLANNING COMMISSION on the meeting date shown above. The meeting will be at the ASHLAND
CIVIC CENTER, 1175 East Main Street, Ashland, Oregon.
A copy of the related documents is available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the
Ashland Planning Department in the Community Development & Engineering Services Building at 51 Winburn Way, Ashland, Oregon 97520.
During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right
to limit the length of testimony. To receive a noUce of the final decision, a person must participate in the public hearing submitting oral or written testimony
and must submit a written request to receive a notice of the final decision.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office
at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting, (28 CFR 35,102,-35,104 ADA Title I).
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305.
57
G:\eornm-dev\plaMing\Notices Mailed\2009\2009-OO817 _ 3.9-IO.doc
18.108.170 Legislative amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other
legislative amendments in order to conform with the comprehensive plan or to meet other changes in
circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the
Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a
property owner or resident of the City, The Commission shall conduct a public hearing on the proposed
amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing,
recommend to the Council, approval, disapproval, or modification of the proposed amendment.
C, An application for amendment by a property owner or resident shall be filed with the Planning.
Department thirty days prior to the Commission meeting at which the proposal is to be first considered.
The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing, After
receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on
the amendment. Notice of time and place of the public hearings and a brief description of the proposed
amendment shall be given notice in a newspaper of general circulation in the City not less than ten days
prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request,
except the Commission may permit a new application if, in the opinion of the Commission, new evidence
or a change of circumstances warrant it.
58
G:\comm-dev'.plannins\Nolius Mailed\2009\2009-00817 _3-9-IO.doc
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On February 17, 2010, I caused to be mailed, by regular mail, in a
sealed envelope with postage fully prepaid, a copy of the attached Public Meeting
Notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person's name for Planning Action # 2009-00817,
Southern Oregon University, SOU Campus Master Plan 2010-2020.
~
G:\comm-dev\planning~orms & Handouts\Affidavil or Mailing_Public Mtg Notice.doc
59
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BOARD/REGENTS/NORMAL SCHOOL
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391EI5BA8000
EPSTEIN MANUEL S TRUSTEE
2305 ASHLAND ST 266
ASHLAND, OR 97520
391EIOCCI600
COOK BRENT K
3120 ANDERSON CREEK RD
TALENT, OR 97540
391 EIOCB 13100
COVEY GREGORY T/ACKER KASEY
318 BRIDGE ST
ASHLAND, OR 97520
391EI5BA5500
CULHANE KEVIN/SUSAN
PO BOX 173
ASHLAND, OR 97520
391 E I6AA400
CUMMINGS CHRISTOPHER R
571 S MOUNTAIN.A VE
ASHLAND, OR 97520
391EIOCC6500
DANIELS MEGAN C
328 BRIDGE ST
ASHLAND, OR 97520
391EI5BB9300
DE LORENZO C/SUSAN
650 MONROE ST
ASHLAND, OR 97520
391EI5BA5600
DELUCA RONALD L TRUSTEE
1665 SISKIYOU BLVD 102
ASHLAND, OR 97520
391 EI5BB4300
EINHORN GARY A TRUSTEE ET A
580 MOUNTAIN AVE
ASHLAND, OR 97520
391 EI5BB3800
ENGLE MARY LOU
565 ELKADER
ASHLAND, OR 97520
391EIOCD5700
F ALLaN THOMAS E/KELLI A
703 BUTLER CREEK RD
ASHLAND, OR 97520
62
391EI5BB7900
COONEY KEVIN/LINDA ALPER
1280 MADRONE ST
ASHLAND, OR 97520
391 E IOCC5900
COWAN DIANE T TRUSTEE FBO
950 GLEN DOWER ST
ASHLAND, OR 97520
391 E09DD 1 00 I
CULMER CARITA MARIE
1069 HENRY ST
ASHLAND, OR 97520
391EIOBDI28
CUTTING KENT D TRUSTEE
1447 E MAIN ST
ASHLAND, OR 97520
391EI5BB3500
DAVIS CHELSEA
595 ELKADER ST
ASHLAND, OR 97520
391 E 15AB6700
DE LUCA RONALD L
800 ELLENDALE DR
MEDFORD, OR 97504
391EI6AA501
DONOV AN JUSTIN B
PO BOX 489
ASHLAND, OR 97520
391 E 15BA6402
ELITE NORTHWEST LLC
509 SECOND ST
TALENT, OR 97540
391EIODBI00
EPPINGER WENDY TRUSTEE ET A
190 WALKER AVE
ASHLAND, OR 97520
391E15BA5800
FERGUSON MARY C TRUSTEE FBO
1530 OREGON ST
ASHLAND, OR 97520
391EIOCCI201 FINCH PAULJIVICKI J
420 BRIDGE ST
ASHLAND, OR 97520
391El0CA1300
FITCH JAMES D JR/ZEL TSER-FI
181 VIA TRINITA
APTOS, CA 95003
391EIOBD3300
FREDRICKSON GLEN E TRUSTEE
1366 MAIN ST
ASHLAND, OR 97520
391EIOCBI701
GARCIA GREGORIA GARCINFLOR
P.O. BOX 66805
ST, LOUIS, MO 63166
391EIOCCI500
GOODMAN SANFORD R
1323 LEE ST
ASHLAND, OR 97520
391EI5BB3100
GRAF JOSEPH JR/S J COYNER
1160 FERN ST
ASHLAND, OR 97520
391EI5BB1300
HALD JACQUE JEAN TRUSTEE ET
600 ROCA ST
ASHLAND, OR 97520
391EIOBCI503
HEIMANN WILLIAM B TRISTEE E
647 SISKIYOU BLVD
ASHLAND, OR 97520
391E15BA7700
HETLAND BARBARA I TRUSTEE E
985 MAIN ST
ASHLAND, OR 97520
391 E IOCB 14600
HOlEN KRISTEN F
843 B ST A
ASHLAND, OR 97520
391El0CC1202
FINCH PAUL JIVICKI J
1253 SISKIYOU BLVD
ASHLAND, OR 97520
391 E IOCC4000
FOSTER ROBERT R/FA Y E
391 AVERY ST
ASHLAND, OR 97520
391EIOCBI5100
GALE JAN LOUISE
1283 QUINCY ST
ASHLAND, OR 97520
391 EI5BA5700
GARNETT LISA ANNE
PO BOX 944
GRASS V ALLEY, CA 95945
391 E09DA8300
GOSLING KENNETH ET AL
75-5481 MAMALAHOA HWY
HOLUALOA, HI 96725
391 E 1 OCC4200
GROTH PATRICIA A
1149 SISKIYOU BLVD
ASHLAND, OR 97520
391 EIOCC5300
HANNAREID LLC
918 WALKER AVE
ASHLAND, OR 97520
391 E09DA8200
HELLER FAMILY LLC
824 HOLTON RD
TALENT, OR 97540
391 E IOCC 1900
HILL ADRIENNE
420 TUCKER ST
ASHLAND, OR 97520
391 E IOCD5500
HOUSING AUTH/JACKSON CO ORE
2231 TABLE ROCK RD
MEDFORD, OR 9750 I
63
391 EIODC10500
FIRST FEDERAL S/L ASSN
III N WALL ST
SPOKANE, WA 99201
391 EIOBD2800
FRANTZ THOMAS
144 NORMAL AVE
ASHLAND, OR 97520
391E15BA8200
GANT FRED/JEANNE L LEGRAND
715 S SUNRISE ST
ASHLAND, OR 97520
391EI5BA6403
GODWIN DOUGLAS W/KA Y C
1508 OREGON ST
ASHLAND, OR 97520
391 E 15BA4500
GRACE EVANGELICAL LUTHERAN
660 FRANCES
ASHLAND, OR 97520
391EIOCC4100
HACKSTEDDE PAUL R
1555 MCANDREWS RD 303
MEDFORD, OR 97504
391 E 15BA200
HA YS R W PROPERTIES LLC
PO BOX 1220
MEDFORD, OR 97501
391EIOCD6000
HERRALD UMATTHEW MCKINNON
373 WIGHTMAN
ASHLAND, OR 97520
391EIODB400
HODGIN MICHAEL
6714 COLEMAN CREEK RD
MEDFORD, OR 97501
391 E09DD4800
HOWE OLIVE J TRUSTEE ET AL
PO BOX 336
ASHLAND, OR 97520
391EIOBCI402 391 E IOCC5400 391 E IOBC2500
HUMPHREYS BRUCE A1PEGGY J INN FUTURE LLC ISSER STEPHEN J/ANITA
1325 PAULA DR 200 MEADE ST 84 GARFIELD
BEND, OR 97701 ASHLAND, OR 97520 ASHLAND, OR 97520
391 E09DD4700 391E15BA4600 391EIOCD5800
ISSER STEPHEN/lSSER ANITA JANSEN LLC JEDTWICE LLC
84 GARFIELD ST 12042 SUNNYSIDE RD 442 33631 78TH PL
ASHLAND, OR 97520 CLACKAMAS, OR 97015 SCOTTSDALE, AZ 85262
391EI6AA601 391 E IOBC 1506 39 I E IOCB 13300
JEFFRIES JAMES E/IDA BELLE JOHNSON DAN M JOHNSON ZUNA SUSAN
593 S MOUNTAIN 2305 ASHLAND ST 210 276 BRIDGE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391EI5BB2000 39 IE IOCB 14900 391EIOCA400
JONES THOMAS ElNA T ALlE C JOYCE NEIL/KRISTIN BROWN KANE KATHARINE MA YHER TRUST
605 ROCA 847 ARDEN DR 175 WIGHTMAN ST
ASHLAND, OR 97520 ENCINIT AS, CA 92024 ASHLAND, OR 97520
391EIOCB500 391EIOBCI501 391EIODC7100
KEARNS JOHN C KELLER MARIE M KING JEFFREY/SUSAN MARSDEN
2620 E BARNETT RD H 19231/2 WESTWOOD BLVD 2 1617 PARKER ST
MEDFORD, OR 97504 LOS ANGELES, CA 90025 ASHLAND, OR 97520
391EIOBD4100 391EIOBD3800 391EI6AA4000
KIRLIN CHARITABLE FOUNDATIO KNAPP SUSAN KNOKE DANA LEE
PO BOX 1177 29 WIGHTMAN ST 1030 ASHLAND ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391EI5BB4500 391EI5BB8800 391E15BB9401
KOCKS MARYLEN AGRELL KOZIOL JULIE A KREISMAN PETER JON TRUSTEE
600 S MOUNTAIN AVE 15255 BOONES WAY 672 MONROE ST
ASHLAND, OR 97520 LAKE OSWEGO, OR 97035 ASHLAND, OR 97520
391EI6AA200 391EI5BB9400 391E15BA4800 "
KREPS RODNEY E/JULlA W KRIESMAN JAMES B/MARION D S KUNKEL EILEEN
2844 I 17TH ST 1144 W IOWA AVE 725 WALKER AVE
SEATTLE, WA98125 SAINT PAUL, MN 55108 ASHLAND, OR 97520
391EIOCB2000 391 E 15BB71 00 391EI5BB6300
KUSTRON PAUL EDWARD TRUSTEE . KUZMITZ ANDREW A/KATHLEEN R LAUGHLIN ALISON DIANA
1274 QUINCY ST 710 ROCA ST 717 ROCA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391EI5BB9000 391EI5BB8900 391 E 1 OCD5300
LEPLEY CARIM ALAN/DAMSTRA-L LEPLEY SACHA LYNDA/WILDGUST LETTON JOHN BENJAMIN/LETTON
260 WELLS FARGO DR 935 HUNTER LN 273 WILLOW WAY
JACKSONVILLE, OR 97530 SANTA ROSA, CA 95404 TALENT, OR 97540
64
391EI5BB9500
LEWIS DONALD E1MARTHA S
1337 OREGON
ASHLAND, OR 97520
391 E I 0600
LOCKE RA YMOND LANCE TRUSTEE
1521 MAIN ST
ASHLAND, OR 97520
391EIOBCI403
LUKENS CARL B
43 CALIFORNIA ST
ASHLAND, OR 97520
391EI5BB4200
MARTIN SUSAN L TRUSTEE ET A
POBOX 705
ASHLAND, OR 97520
391EI6AA300
MA YNARD JIM
POBOX 340
ASHLAND, OR 97520
391EI0CB900
MCCRAE JAMES A
2442 NW MARKET ST 455
SEATTLE, WA 98107
391EI5BAI00
MEISTER'S BUY RITE INC
870 CYPRESS POINT
ASHLAND, OR 97520
391 E 15BA3200
MERCER DONALD J
1380 SISKIYOU BLVD
ASHLAND, OR 97520
391EIOCD5600
MILLS RICHARD D
435 TERRACE ST
ASHLAND, OR 97520
391 E09DD90004
MT VIEW-BEACH STREET LLC
2222 CHITWOOD LN
ASHLAND, OR 97520
391EIODCI0400
LIGON WILLIAM C/JANET
POBOX 3534
ASHLAND, OR 97520
391EIODC7000
LOCKLIN PAUL TRUSTEE ET AL
1350 NEVADA ST
ASHLAND, OR 97520
391 E09DD90008
MARSAK CARL TRUSTEE ET AL
PO BOX 507
MT SHASTA, CA 96067
391EI5BB7600
MATTOS RICHARD A
687 LEONARD ST
ASHLAND, OR 97520
391 E 15BB8400
MC BAINE ROBERT V/MARSHA J
1300 OREGON ST
ASHLAND, OR 97520
391EIODB601
MCMANUS ELISE M
268 WALKER AVE
ASHLAND, OR 97520
391EI5BA700
MEISTER'S BUY RITE INC
1450 ASHLAND AVE
ASHLAND, OR 97520
391 E IOBD700
MILL POND OWNER'S ASSOC INC
POBOX 3402
ASHLAND, OR 97520
391EI5BB4000
MODESITT WILLIAM K TRUSTEE
540 S MOUNTAIN AVE
ASHLAND, OR 97520
391EI5BA4700
NAMANNY LINDA J ET AL
PO BOX 793
ASHLAND, OR 97520
65
391E15BA4400
LJH LLC
3555 PACIFIC HWY 171
MEDFORD, OR 97501
391 E 1 ODC 1 0 100
LUDWIG ROBERT F
175 PILOT VIEW RD
ASHLAND, OR 97520
391EIOBC8400
MARTIN CYNTHIA
1355 E MAIN ST
ASHLAND, OR 97520
391EI5BB3700
MATTSON VICTORlA
591 ELKADER ST
ASHLAND, OR 97520
391 E09DD520 I
MC NAMARA JAMES A1MARCIA S
1007 ASHLAND ST
ASHLAND, OR 97520
391EI5BA300
MEISTER RICHARD J
870 CYPRESS POINT LOOP
ASHLAND, OR 97520
391EI5BB7800
MELICK ANN
655 LEONARD ST
ASHLAND, OR 97520
391E15BA7800
MILLER ROBERT M TRUSTEE
765 REITEN DRIVE
ASHLAND, OR 97520
391EI5BA6500
MORGAN NICOLE
1480 OREGON ST
ASHLAND, OR 97520
391EI5BB8500
NELSEN TERRY A/WANDA L
1325 PROSPECT ST
ASHLAND, OR 97520
391EIOBC8900
NORTHCUTT JACK D/BETTYA
1340 E MAIN ST
ASHLAND, OR 97520
391EI5BB9100
NUTTER JERRY S/DEASCENTlS 0
1336 MADRONE ST
ASHLAND, OR 97520
391 E09DD5500
ORE STATE/BOARD HIGHER ED/
1250 SISKIYOU BLVD
ASHLAND, OR 97520
391 E09DD7600
OREGON STATE OF
1361 QUINCY ST
ASHLAND, OR 97520
39\E09DD7300
OREGON STATE OF
POBOX3175
EUGENE, OR 97403
391 E I OCA299
PAULST1CK CHARLES K/ADA E
NO ADDRESS SUPPLIED
o
391EIOBCI502
PETROVICH MICHAEUANNE S
3715WFIR
FRESNO, CA 93711
391E15BB7700
PRA Y JUDITH K
71675 SUN VALLEY DR
TWENTY NINE PALMS, CA 92277
391 EIOCB800
RICHARDSON JUANITA F
160 CALIFORNIA ST
ASHLAND, OR 97520
39IEI5BB2100
ROCA STREET PROPERTIES LLC
1257 SISKIYOU BLVD25
ASHLAND, OR 97520
391EIOBC8800
NORTHCUTT JACK/BETTY
13401/2 E MAIN ST
ASHLAND, OR 97520
391EIOCB13000
OHMER DERIAL L
PO BOX 662
ASHLAND, OR 97520
3911;09005891
QRECml Hf.TE OF
1259 ~ISKIYOU BLVD
.^.~HLMID, OR 97529
391 E15BB~g99
OREGON ~T t.TE OF
1259 ~lgKIYOU BLVD
.'.gHLA~ID, OR 97529
391 E09DD51 00
ORREGO GEORGE H/A VERSA-ORRE
802 W AINGARTH CT
DANVILLE, CA 94526
391EI5BA4402
PEOPLE'S BANK OF COMMERCE
750 BIDDLE RD
MEDFORD, OR 97504
391 E IODB500
PHILLIPS-EDWARDS FAMILY TRU
260 WALKER AVE
ASHLAND, OR 97520
391EI5BA6700
PRESTON WILLIAM EDWARD/ROSE
704 INDIANA ST
ASHLAND, OR 97520
391EI5BB4IOO
RICHMOND TONI TRUSTEE ET AL
562 MOUNTAIN AVE
ASHLAND, OR 97520
39IEI6AA100.
ROGUE V ALLEY MEETING OF THE
543 S MOUNTAIN
ASHLAND, OR 97520
66
391 EI5BA5900
NUESSLE WILLIAM P TRUSTEE E
1516 OREGON ST
ASHLAND, OR 97520
391 E IODC6500
OLSON IV AN C/ELEANOR
1620 HOMES
ASHLAND, OR 97520
39 I E09DD7400 OREGON STATE OF
UNIVERSITY OF OREGON
EUGENE, OR 97401
391 E09DD400
OREGON STATE OF
ATTN COMPTROLLERS OFFICE
CORVALLIS, OR 97330
391 E IOCC6000
PALM STREET LLC
POBOX 548
ASHLAND, OR 97520
391 E IOB03600
PETERSON SARAH/ERIK S
1380 MAIN ST
ASHLAND, OR 97520
39IEI5BB7500
PITTMAN GARTH M TRUSTEE ET
2625 TAKELMA
ASHLAND, OR 97520
391EIOCBI3500
REYNOLDS MICHAEL L1AM/SEEWE
1520 WINDSOR ST
ASHLAND, OR 97520
391 E IOCC6400
ROBINSON IV AN UJANICE
330 BRIDGE ST
ASHLAND, OR 97520
391 E09DA6600
ROMANO ETHEL M TRUSTEE ET A
912 SISKIYOU BLVD
ASHLAND, OR 97520
391EI0CA900
ROSBOROUGH WYATT B/HELEN G
PO BOX 294
ASHLAND, OR 97520
391 E 15BB3400
ROWE CHRISTOPHER/KATHLEEN
605 ELKADER ST
ASHLAND, OR 97520
391EIOBDI200
RUST SUSAN P TRUSTEE ET AL
PO BOX 3505
ASHLAND, OR 97520
391EIOBD800
SANCHEZ JOSEPH M
20 N WIGHTMAN ST
ASHLAND, OR 97520
39IEI5BB6600
SCHAAL BARBARA NATASHA TRUS
679 ROCA ST
ASHLAND, OR 97520
391 E IOCB7300
SCHOENLEBER W E lllffERRY J
993 1/2 SISKIYOU BLVD
ASHLAND, OR 97520
391EIOCAIOOO
SEIFERT CARL M/KATHLEEN G
309 WIGHTMAN ST
ASHLAND, OR 97520
39 I EIOCC2000
SHAMES JAMES G TRUSTEE
344 BRIDGE ST
ASHLAND, OR 97520
39IE10CBI2900
SHERMAN KAY LYNNE
322 BRIDGE ST
ASHLAND, OR 97520
391 E IOCC5800
SISKIYOU OFFICE BUILDING LL
1025 SISKIYOU BLVD
ASHLAND, OR 97520
39IE09DD"198
ROgg WILLI.'.M H
NO .'.OORESg SUPPLIED
-4
39IE09DD4600
RPM PROPERTIES LLC
1875#10 HWY 99 S
ASHLAND, OR 97520
391 E09DD90007
SA JACQUELINE
119 MARIN CT
TALENT, OR 97540
39IEI5BB8300
SA TLER SERGIO 0
684 LEONARD
ASHLAND, OR 97520
391 E I6AA500
SCHIEBER DA VID/L HERRICK
586 GLEN WOOD DR
ASHLAND, OR 97520
391EIOI200
SCHOOL DISTRICT 5
885 SISKIYOU BLVD
ASHLAND, OR 97520
391 E I OCB 13200
SEIFERT CARL M/KA THLEEN G
310 BRIDGE ST
ASHLAND, OR 97520
391 E09DD4500
SHEA RORY B
2768 QUAIL RUN RD
TALENT, OR 97540
391 E10DB402
SHREWSBURY LAURENCE/LAURA
47 GRANITE ST
ASHLAND, OR 97520
391EI5BA690I
SMITH DENNIS L/DOROTHY L
708 INDIANA ST
ASHLAND, OR 97520
67
39IE9900~199
ROSS WILLI.\M H/L..\L\ 0
~IO ADDRESS SUPPLIED
-4
391 E IOCD6200
RUPP WILLIAM 0 TRUSTEE FBO
938 CYPRESS POINT LOOP
ASHLAND, OR 97520
391 E 15BB4400
SAMEH SARAH
588 S MOUNTAIN AVE
ASHLAND, OR 97520
39IEI5BB8200
SA TLER SERGIO TRUSTEE ET AL
PO BOX 3157
ASHLAND, OR 97520
391EIOCB501
SCHIPPER KIRSTEN
1375 IOWA ST #A
ASHLAND, OR 97520
39IEIOCC5500
SCHWARZER PETER F/ROBIN L
1049 SISKIYOU BLVD
ASHLAND, OR 97520
391 E IODB502
SEILER MATTHEW
PO BOX 184
EL PORTAL, CA 95318
39IE15BB8100
SHEPHERD DANIEL P/AUSHNA A
650 LEAONARD ST
ASHLAND, OR 97520
391EI5BA800
SIERRA GRIZZL Y LLC
PO BOX 970
MEDFORD, OR 97501
391EI5BA8100
SMITH DOMINIC
PO BOX 3270
ASHLAND, OR 97520
391 E09DA8000
SMITH DOMINIC C
965 SISKIYOU BLVD
ASHLAND, OR 97520
391 EIOBCI405
SONNTAG JANET M
6141 MAURITANIA AVE
OAKLAND, CA 94605
391 E09DD5200
STOVALL SAM L TRUSTEE FBO'
1015 ASHLAND ST
ASHLAND, OR 97520
39IEI5BA8300
TAKEDA HIRAKAZUlELlZABETH
730 PALMER RD
ASHLAND, OR 97520
39IEIOBD3000
TARNAWA THOMAS/SHARON
1397 EVERGREEN LN
ASHLAND, OR 97520
391EIOBC5415
TSCHANN DENISE M
659 FORDYCE ST
ASHLAND, OR 97520
391EI5BBI700
UHTOFF KATHERINE J
633 ROCA ST
ASHLAND, OR 97520
391EIOBCI500
WAHL SUSAN L
63 CALIFORNIA ST
ASHLAND, OR 97520
391EI5BB6500
WHITENER VIRGINIA LOUISE
693 ROCA ST
ASHLAND, OR 97520
391 EIOCB 1000
WRIGHT FREDERICK FULLERTON
1593 PIONEER ROAD
TALENT, OR 97540
391EIOCB13400
SMITH KIM
260 BRIDGE ST
ASHLAND, OR 97520
391 E I OCA200
STEW ART CHARLES NEIL
PO BOX 622
ASHLAND, OR 97520
39IE15BA6000
STRASSER ANNE MARIE HYLAND
PO BOX 370785
MONTARA, CA 94037
391EIOBCI505
TAMASHIRO LESLIE B/GAIL M
3050 ALA PUAALA PLACE
HONOLULU, HI968I8
39IEIOCD5000
THOMPSON JOHN P
POBOX7I1
DALLAS, TX 75221
391EIOCBI3600
TUCK WILLIAM J
1372 IOWA ST
ASHLAND, OR 97520
391 E I OCA500
VEIS ROB WALTER ET AL
17337 TRAMANTO DR 112
PACIFIC PALISADES, CA 90272
391 E I ODC 10200
WEBER PAMELA K
472 WALKER AVE
ASHLAND, OR 97520
391EI5BA6900
WIES FRANK GEORGE
586 FIRST ST 224
SAN JOSE, CA 95112
39IEI5BB8600
WRIGHT JEFFREY C
9208 NE 45TH ST
SEATTLE, WA 98115
68
391EIOCBI900
SMITH SHEILA TRUSTEE FBO
POBOX837
ASHLAND, OR 97520
39IEI5BB2900
STONE JEWELL V
588 ELKADER
ASHLAND, OR 97520
391EI5BA6400
TABER ROBERT E/MCKERNAN CHA
1500 OREGON ST
ASHLAND, OR 97520
39IEIOBD3IOO
TARNAWA THOMAS/SHARON
1397 EVERGREEN LN
ASHLAND, OR 97520
391 E I OCB600
THORMAHLEN PHILIP TRSTE FBO
96 FORK ST
ASHLAND, OR 97520
39IEIODB600
TUSSEY KRISTEN
272 WALKER AVE
ASHLAND, OR 97520
391 E IODC6900
VEZIE RICHARD UGA YLE E
446 WALKER AVE
ASHLAND, OR 97520
391 E I ODC6700
WENKER GEOFFREY JOHN/LISE A
PO BOX 1105
SCAPPOOSE, OR 97056
391 E09DD600
WINTON-VOSS CHARLOTTE
361 SOUTH MOUNTAIN AVENUE
ASHLAND, OR 97520
39IEIOCD6100
ZAPELL JANET BLlNKA
PO BOX 1143
ASHLAND, OR 97520
391 EI5BB5800
ZASLOW DAVID B/DEBRA GORDON
692 ELKADER ST
ASHLAND, OR 97520
MARILYN BRIGGS
590 GLEN VIEW DR.
ASHLAND, OR 97520
COLIN SWALES
143 EIGHTH ST
ASHLAND, OR 97520
ANGIE THUSIS
897 BEACH AVE.
ASHLAND, OR 97520
ART BULLOCK
791 GLENDOWER
ASHLAND, OR 97520
KEITH SPEAR
570 GLENWOOD
ASHLAND, OR 97520
JESSE MILLER
430 ASHLAND
ASHLAND, OR 97520
SL YVIAN BROWN
1067 ASHLAND
ASHLAND, OR 97520
RHINNA SIMES
433 LIBERTY
ASHLAND, OR 97520
ALEX GOLDMAN
1153 IOWA STREET
ASHLAND, OR 97520
ABRAHAM BETTINGER
367 BRIDGE
ASHLAND, OR 97520
69
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1 . I am employed by the City of Ashland. 20 East Main Street. Ashland.
Oregon 97520, in the Community Development Department.
2. On Februarv 17. 2010. I caused to be mailed. by regular mail. in a
sealed envelope with postage fully prepaid. a copy of the attached Public Meeting
Notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person's name for Planning Action # 2009-00817.
Southern Oregon University. SOU Campus Master Plan 2010-2020. Measure 56
Notice.
I)~' /,/
(M ~) Xi /'J1?t/-.t.-r; dVvl.-(' J1? ./
Signat e of Employee .
G:\comm-dev\pIaMing\Fonns & Hanoouts\Affidavit of MailinQ.....Public Mlg Notice.doc
70
CITYOF
ASHLAND
NOTICE OF PUBLIC HEARING
This is to notify you that the City of Ashland has proposed a land use regulation that may affect the
permissible uses of your property and other properties.. The City has determined that adoption of the
Southern Oregon University Campus Master Plan 2010-2020 as part of the City's Comprehensive
Plan may affect the permissible uses of your property, and may change the value of your property,
This notice, including' the above statements, is required by Oregon state law,
March 9. 2010 Plannina Commission Public Hearina: On March 9, 2010 the Ashland Planning
Commission will hold a public hearing regarding the proposal to adopt the Southern Oregon
University Campus Master Plan 2010-2020 as part of the City's Comprehensive Plan (Planning
Action #2009-00817), . The Planning Commission makes a recommendation to the City Council on
the adoption of the Southern Oregon University Campus Master Plan 2010-2020. The public
hearing will be held at 7:00 p.m. at the Ashland Civic Center Council Chambers located at 1175 E.
Main SI., Ashland, OR. .
The proposed Southern Oregon University Campus Master Plan 2010-2020 and other related
information are available for review online at www.ashland.or.us/sou. and on file at the City of
Ashland Department of Community Development located at 51 Winburn Way, Ashland, OR between
8:30 a.m, and 4:30 p.m. Copies of the ordinance and file information are available for purchase if
requested. For additional information concerning this ordinance, call the Ashland Planning
Department at 541-488-5305.
Oral and written public testimony, regarding this matter will be accepted at the public hearing on
March 9, 2010. Written statements are encouraged and may be submitted prior to the hearing date,
Mail written comments to Maria Harris, Planning Manager, City of Ashland Department of
Community Development, 20 E. Main SI., Ashland OR 97520, via FAX at 541-552-2050, or via E-
mail at harrismtO'-ashland.oLus. Failure to raise an issue in person or in writing prior to the close of
the public hearing with sufficient specificity to provide the reviewing bodies opportunity to respond to
the issue may preclude your opportunity for appeal on that issue.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community
Development office at 541.488-5305 (HY phone number is 1-800-735-2900). Notification 48 hours prior to the meetin9 will enable the City to
make reasonable arranoements to ensure accessibililv to the meetino (28 CFR 35.102-35.104 ADA Title 1\. -
(turn over for summary page 2)
71
Summary of Propol>_. to Adopt the Southern Oregon University (SOU) Campus
Master Plan 2010-2020 as Part of the City's Comprehensive Plan
The SOU Campus Master Plan is referred to by Chapter 18.64 Southern Oregon University of the
Ashland Land Use Ordinance. Chapter 18.64 Southern Oregon University includes the land use
regulations specific to the City of Ashland SO zoning designation. The SOU Master Plan establishes
the permitted and conditional uses in the SO zoning district. In summation, Chapter 18.64 permits
uses directly related to the educational functions of SOU that are indicated and in conformance with
the adopted SOU Campus Master Plan and greater than 50 feet from privately owned property.
Additionally, uses that are not agreed upon in advance in the adopted SOU Campus Master Plan, or
uses that are within 50 feet of privately-owned property are conditional uses which require a
conditional use permit. While the proposal is to replace the previous SOU Campus Master Plan
which covered 2000-2010 with the SOU Campus Master Plan for 2010-2020, there are no changes
proposed to Chapter 18.64 Southern Oregon University,
The Ashland Comprehensive Plan identifies the Southern Oregon University (SOU) land use
classification as areas designed to provide for the unique needs of SOU, As outlined in the
Comprehensive Plan, the boundary of the SOU zoning district was mutually approved by SOU
and the City. The campus boundary encompasses approximately 164-acres that is roughly
split north and south of Siskiyou Boulevard. The Master Plan update does not propose an
expansion of the existing Southern Oregon University campus boundary and its
corresponding City of Ashland SO zoning designation,
The Master Plan update includes an evaluation of the overall structure of the campus, providing
descriptions for proposed and recommended projects that the University would likely undertake over'
the next ten year cycle. Future projects are grouped into several distinct categories, including Open
Space, Buildings (Academic and Housing), Athletics, Other Campus-Related Development and
Circulation. The plan also includes design guidelines for future development, for both buildings and
open spaces, which would be in addition to as well as complement existing City of Ashland site
design standards. Lastly, the Master Plan update provides a framework for sustainable planning,
describing the University's commitment to set goals to reduce greenhouse gas emissions and other
environmental impacts as well as specifying strategies that outline specific actions.
The proposed Southern Oregon University Campus Master Plan 2010-2020 and other related
information are available for review online at www.ashland.or.us/sou and on file at the City of
Ashland Department of Community Development located at 51 Winburn Way, Ashland, OR
between 8:30 a.m. and 4:30 p.m, Copies of the ordinance and file information are available
for purchase if requested. For additional information concerning this ordinance, call the
Ashland Planning Department at 541-488-5305.
72
391E15BB3900
ARCHDIOCESE OF PORTLAND ORE
2838 E BURNSIDE ST
PORTLAND, OR 97214
391 E09DD5400
BROWN JOSEPH R/DOMINIQUE F
1067 ASHLAND ST
ASHLAND, OR 97520
391E10BD4100
KIRLIN CHARITABLE FOUNDATIO
PO BOX 1177
ASHLAND, OR 97520
391E15BB4100
RICHMOND TONI TRUSTEE ET AL
562 MOUNTAIN AVE
ASHLAND, OR 97520
391 E09DD400
OREGON STATE OF
ATTN COMPTROLLERS OFFICE
CORVALLIS, OR 97330
391E15BB100
SOUTHERN OREGON UNIVERSITY
1250 SISKIYOU BLVD
ASHLAND, OR 97520
391 E15BB1300
HALO JACQUE JEAN TRUSTEE ET
600 ROCA ST
ASHLAND, OR 97520
391 E15BB4000
MODESITT WILLIAM K TRUSTEE
540 S MOUNTAIN AVE
ASHLAND, OR 97520
391 E09DD7400
OREGON STATE OF
UNIVERSITY OF OREGON
EUGENE, OR 97401
391 E10CD200
STATE BOARD/HIGHER ED
POBOX 3175
EUGENE, OR 97403
73
391 E15BA900
BOARD/REGENTS/NORMAL SCHOOL
1250 SISKIYOU BLVD
ASHLAND, OR 97520
JQ1E15B81200 HAlD JACQUE JENI
TRUSTEE ET
eOO ROC,^' ST
,^,SHLAND, OR Q7520
391 E15BB91 00
NUTTER JERRY S/DEASCENTIS 0
1336 MADRONE ST
ASHLAND, OR 97520
391 E09DD7600
OREGON STATE OF
1361 QUINCY ST
ASHLAND, OR 97520
391E09DD6199
ROSS WilLIAM H/LALA 0
NO ADDRESS SUPPLIED
o
2010- 2-11
SolA MbI5 k,rPlt\lY\
f'I\'5lP
590 Glenview Drive
Ashland, Oregon 97520
August '3, 2009
RECEIVED
Craig Morris
Vice President for Finance & Administration
Southern Oregon University
Ashland, Oregon 97520
AUG -4 _
City of Ashland
Community Development
Regarding: CAMPUS MASTER PLAN: include in any public comments documentation
Carbon Copy to PLANNING COMMISSION
Dear Me Morris & Master Plan Committee:
I received your letter of July 24th asking for conunents regarding the plan. I'm assuming
I received the letter because I spoke against the existing Master Plan housing elements at
the July 14th Planning Commission meeting. My interest stems from long-standing
affiliations. I am well acquainted with the Planning Process and with the campus itself I
was a Planning Commissioner for 8 years, present for the last SOU Master Plan. I taught
patt-time in the Art Department, my husband was a professor in the English Department
beginning in 1961, and two of our children have degrees from "SOC".
The CUlTent Master Plan emphasis on housing is a flawed, apart from the remodeling of
some dorms and some new "family housing". I had a conversation with Larry Blake in the
foyer of Council Chambers toward the end of the PlalUllng Commission hearing. He
explained that students often choose their college based on housing. I disagree; students
are most interested in the quality of the programs and professors!! Any University's core
mission is education, not housing..
Your "aftordable" campus housing would be a negative for the larger community. 1) It
would be off the City property tax rolls 2) It would also deprive the conununity of its
own rentals for students and faculty. In effect, it would create a ghetto instead of a
partnership of "town and gown".
Suggestions: I) A visionary use of the land closest to the Science Museum would be
banks of solar collectors to power your own campus. Include some miniature windmills,
water cleansing devices and other environmental projects and you have a whole new
teaching program. The Science Museum partnership would be a bonus. 2) If there are
too many parking spaces, use some to create more garden space adjacent to that existing.
Finally, the proposed outdoor "theater" opposite the Student Union is a wonderful idea.
};r.r;t~lIy su~d,.
f tlf.!!A-f PA C
Marilyn B~ 77
74
8
.
SOUTHERN
OREGON
UNIVERSITY
Bill Molnar, Director
Community Development
51 Winburn Way
Ashland, OR 97520
Dear Bill:
RECEIVED
JUL 2 1 2009
City 01 Ashland
Community Develupment
July 20, 2009
Southern Oregon University would like to request that its Campus Master Plan Update be
removed from the agenda of the August Planning Commission meeting. The University would
like to schedule a meeting with campus neighbors and the surrounding community in the month
of October to permit greater citizen involvement in the master planning process, The University
feels that this.effort at outreach to the neighborhood will ease many ofthe concerns that were
raised at the recent public hearing,
Larry Blake will contact you when the University is ready to continue the review process of the
Campus Master Plan,
Sincerely yours,
.~~j
I~" ,.<',.~;M.....-,:...~'
'.-... I
Craig Morris I
J
, t-{.f.L0\.-..-,
Vice President for Finance and Administration
1250 Siskiyou Boulevard
Ashland, Oregon 97520-5033
Tel 541-552-6319
Fax 541-552-6337
75
Page I ofl
RECEIVED
April Lucas - Fwd: RE: SOU Master Plan
tlUL r~ 'uu~
From:
To:
Date:
Subject:
Bill Molnar
Lucas, April
7/15/20091:30 PM
Fwd: RE: ~OU Master Plan
City 01 A5hland
CommUllity Development
Here are the comments posetd on the SOU site
>>> "Gayle" <gvezie@jeffnet.org> 07/15/09 1:26 PM >>>
The following is my comment already posted on the SOU Master Plan:
:
i
!
I have lived at 446 Walker Ave for more than 20 yrs, In this neighborhood there are 3 schools, only a
few owner-occupied homes and many un-kept rentals, mostly owned by SOU. So for me it has been an
on going battle with the University regarding their disregard for pride of ownership, I have dealt with
Evie Rosenburg, William Smith & I believe the current person's name is Michelle.
I know that I have asked the question "how would you like to have these SOU properties in your
neighborhood?" At least with Evie, she made me feel like I had legitimate requests and she took care of
the situations the best she could. Evie told me that she actually took a walk up our street to see for
herself,
I have mixed feelings about what the University is proposing as a Master Plan, One thing is, that I don't
see where it addresses the JPR building but I can see that it is on the Site Plan?? On one hand a nice
new building with attention to landscaping would be better to drive by many times in a day, than the
run down SOU rentals. But where will parking be & where is the access to that parking lot?
I would like to know that SOU truley cares about this neighborhood that they are designing and not just
"going through the motions" of asking for our comments,
Actually I don't remember anyone ever openly discussing putting speed bumps on Webster - they just
happened, Would love to find out how they did that because we could use some of those on Walker
Ave before it's too late as it was on Siskiyou & Garfield.
Thank you,
Gayle Vezie
,
I
'I
;
!
file://C:\Documents and Settings\lucasa\Local Settings~l'emp\XPgrpwise\4A5DD9E3Ash.., 7/15/2009
1(7/15@09) AprirLij(:as~ Re: SOLJ.
. . Page 11
RECEIVED
From:
To:
CC:
Date:
Subject:
Tom Dimltre <dimltre@mlnd.net>
Bill Molnar <molnarb@ashland.or.us> .
<blakel@sou,edu>, Deborah Miller <hmlller@jeffnetorg>, Michael DawtlM~ J 5 2009
7/15/2009 7:29 AM
Re: SOU C;ty of Ashland
Community Dev,elopment
HI.
Regarding SOU -- one of the questions that came up last night
was whether or not the SOU campus was expanding into currently
non SOU areas, I'd like a briefing on that either by em ail or at the
next meeting.
Also, for the record, I am concerned that we are being asked to make
a decision on the master plan, without any DATA that helps us decide
which alternative (or whether any alternative) is best. If we wait
until
each individual piece is built and only analyze that, we will never
be able
to look at the TOTAL impact of the project on the community. This
piecemeal approach doesn't work for me.
For instance, I'd like to see a traffic study (for one) up front.
let's look at
traffic in a way that we can COMPARE the alternatives. A traffic study
after approval of the master plan is too late, .
lastly, SOU should go back to the drawing board regarding the Master
Plan
and actually engage the community - solicit comments from the community.
This means NOTICE - and I believe that notice to the entire community is
appropriate, After all, SOU Is a community resource and it impacts more
than just the neighbors within 50 feet or so (and even those
neighbors apparently
did not get notice). The project will only be legitimized if SOU
properly and
throughly notices the entire community,
Oh, one more thing - since when are we required to disclose ex parte,
etc
on Type 3 projects? If we are prohibited from talking to people
about type
3's, then we should have been told In advance.......
Just my thoughts, for now.
Also, I'd like to congratulate Pam on becoming new chair,
THANK YOU VERY MUCH to Michael Dawkins for a job well done,
Tom
77
Updated Sn.1108
TALENT IRRIGATION DISTRICT
LAND USE AGENCY RESPONSE FORM
Phone: 541-535-1529
Fax: 541-535-4108
EmaiJ: tid@talentld.org
104 Vlllley View Avenue
P.O. Box 467
Talent OR 97540
NAME OF ENTITY REQUESTING RESPONSE: City of Ashland Planning Denartment
ENTITY REFERENCE NUMBER: 2009-00817
MEETING REVIEW DATE: Julv 14.2009
MAP DESCRIPTION: _
PROPERTY ADDRESS: Southern Orellon University Camous Master Plan 2010-2020
,
,
, .
,
i
;
,
!
o NO COMMENT ON LAND USE ISSUE (IF NOT MARKED, CONTINUE BELOW)
NO
COMMEN"('
o
o
IZl
o
o
II' CHECKED
COMMENTS
A Il.E Al'PI,ICABLE
o
A. WATERRIGHTISS~
1. Water rights need to be sold to someone or transferred back to Talent
Irrigation District. Number of Irrigated Acres: _
Comments: _
2. Must have District approval for water rights to remain in place on subject
prOperty.
Comments: _
o
B. EASEMENTS
DISTRICT EASEMENTS
), Easement needs to remain clear, No pennanent structures or deep rooted
plants will be allowed within the easement limits.
Comments: _
2. If facility is to be relocated or modified, specifications must meet the District's
standards and be agreeable to the District. A new written and recorded
easement must be conveyed to the District.
Comments: _
3. If a written aDd recorded easement does not exist for an existing facility, then
one must be provided in favor of the District.
Comments: _.
PRIVATE EASEMENTS
o 1. Property may have private facj]jties (ditch or pipeline) that the Dislrict does
not manage. Arrangements may need to be made to prOvide continued senricc
through the subject property for downstream water users.
Comments: _
sharedlwardlfonns
RECEIVED
JUL 1 5 2009
City of AShl,nd
Community Development
Talent Irrigation District Agency ~ponse Fonn
Page 1 of2
NO
COMMENT
IF CHECKJ;:D
COMMENTS
ARE API'LICABL&
Updntcd 5/21/08
o
PRIVATE EASEMENT PROVISIONS FOR MINOR PARTITIONS.
AND/OR LOT LINE ADJUSTMENTS
1. lfthe property currently has water rights and it is being partitioned or a lot line
adjustment is being made, easements must be written and recorded which
allow access for all oftbe pieces of property with water rights to continue to
have access to the water.
Comments: _
'0
WATER METER REQUIREMENT ON TRANSFERRED WATER
RIGHTS
I. If the water right on this property is a transferred water right that currently has
a water meter requirement, then each of the properties split off of tbe original
parcel all need to have water metersinstaIJed prior to the use of irrigation
water on the newly fonned parcels,
Comments: _
o
i:8l
C. FACILITIES (including but not limited to pipelines, ditches, canals, control
checks or boxes)
1. Upgrades to District facilities may be required to support any land use changes
or developments, such as pipe installations or encasing existing pipe under
roads or conc;rete.
Commen.ts: Some areas of construction or modification may imoact ialent
Ini!!ation District laterals or facilities alon!! or around Walker Stree~ __ Main
and the railroad tracks. For a more detailed location of facilities im _acted.
please contact th.e District office.
,
o
o
D. DRALNAGE/STORM-'NATER
The District relies on the Bureau of Reclamation's 8tonn Water Policy. No urban
stann water or point source flows will be allowed into the Disttict's facilities
without going through the Bureau of Reclamation process. (Developments in
historically agricultural areas need to be aware of agricultural run off water and
take appropriate action to protect the development from upslope water,)
Comments:
GENERAL COMMENTS:
1. No interruptions to irrigation water deliveries will be allowed.
2. T.LD, is a Federal Project and same facilities and/or easement issues may need Bureau of Reclamation
approval.
3, The developerlsub-dividerwill take all appropriate actions to en.sure the reliability and protection oCthe
original function of the District's facilities. .
tbe entity must receive a certification form from the District before
Date Signed: ~~....J,,\ ,'" . '2.00",
Talent Irrigation District AgencYr/itesponse Ponn
Page 2 of2
Comments In Response to Southern Oregon University 2020 Plan
Name: Rhianna Simes
Address: 433 Liberty St Ashland, OR
Date: July 14, 2009
The ECOS (Ecology Center of the Siskiyous) community garden, located on Mountain
A venue across from Southern Oregon University, benefits the neighborhood, local economy, and
the environment. The garden has seen consistent student involvement since its beginning in
1999, Although support for the garden has been expressed throughout the student body as
demonstrated by the signing of over 500 petitions, the University has revealed in recent meetings
that there are "no guarantees" about the future of the ECOS garden, SOU has already moved the
garden in 2001 because of forecasted development, but another move would prove devastating.
In the past month, the University has changed their 2020 plan several times including moving the
garden, expanding the parking lot over the wetlands, reducing the size of the garden, and/or .
uprooting the entire garden property, This lack of transparency has led to confusion about what
the plan really entails for the ECOS Community Garden and what 'enhancement' will ultimately
mean for the garden and surrounding neighborhood. .
The current draft of the 2020 plan says it wants to 'enhance the community garden so that
it becomes an asset to the SOU community.' However, the ECOS community garden is alreadv
an asset to the community and in my life personally. I have been a student at SOU and have
maintained several garden plots over the last four years. The Community Garden enables me to
grow my own food even though I am a renter in town, and provides countless other benefits in
my own life, Kate Giles, fellow Ashland resident and community garden member, has worked
with the Job Council for several years to encourage dozens of 'at risk' youth to tend and maintain
several community garden plots. These students come out to the garden to learn about growing
food, team building skills, and responsibility. In addition, the SOU Native American Student
Union has incorporated the garden into the Native American Studies minor curriculum at the
university, They utilize the garden to demonstrate the importance of growing the three sisters
(corn, beans, and, squash) which is an indigenous traditional planting style, These are only two
examples out of 50 other garden members whose volunteer labor help to make the garden so
successful. The l!arden supports student and community interactive learnin"Ii, it provides hands-
on educational opportunities, and represents a kev step in the march toward sustainability for
SOU and the Ashland community as a whole.
The ECOS Community Garden should not be relocated, but should instead be the focal
point of a 'sustainability village' where students and community members can come together to
practice hands-on skills, support local food production, and healthy land stewardship. This
environment would not be possible witb 2 or 3 story condominiums surrounding the area, The
facultv villa!!e needs to be moved to the North side of campus where there is already existing
space for such high density living conditions. Please consider moving the faculty village to the
other side of campus, leaving the ECOS Community Garden where it is, and allowing the existing
neighborhood to continue to invest in the garden as well. If the garden is going to be"enhanced'
then it is paramount that both students and 'community members have the opportunity to provide
input about the enhancement mentioned in the 2020 plan. This collaborative effort will insure the
continued involvement from both Ashland residents and SOU students in the sustainable growth
of the community garden.
SOU and the City of Ashland are striving for recognition in their efforts toward
sustainability. In this quest let us not forget the importance of gardens, of growing food, of
fostering community, and of protecting / enhancing the local environment. Placin!! a condo-
stvle facultv villa!!e on top of an existin!! community - is not what sustainabilitv looks like.
Put the faculty village on the North side of campus and leave the ECOS Community Garden to
flourish in its current location with participation from both Ashland residents and SOU students.
Thank you for yonr time and consideration, we believe you will do the right thing.
City of Ashland
Planning Exhibit
~,,~W\- \jJ \
PA If.)O ---X
BATE1 f
80
City or Ashland
Planning Exhibit
Ex. ~
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82
My name is Carita M, Culmer
{.Jive at 1069 Henry Street
City of Ashland
Planning Exhibit
EXHI -:-o::YO
PA
DA'tE'\ ",F
The cost of housing in Ashland is wrreasonably high. Jobs that pay above minimum
wage are scarce, and unemployment is rampant. Far too many of our residents are
struggling month to month just to keep a roof over their heads, Now the university is
asking these struggling renters or homeowners to pay for someone else's housing, too,
They want to build new, large housing complexes along Ashland and Henry streets, in
order to attract new, young faculty,
Building new housing for faculty is an unnecessary expense during these hard times. .
Even if the local economy improves dramatically within the next few years, new faculty
housing is not a good use of our tax dollars, There are viable alternatives,
I
The University already has a large number of both apartments and single-family
residences, which they rent to students at below-market rates. Underpaid faculty could
be allowed to rent them at the same rates. If students, who are working limited hours at
minimum wage can pay the rent, then surely salaried faculty can manage likewise.
,
If a prospective new faculty member would rather live outside of university housing,
there is another possibility. Economists have long held that housing should consume no
more than 25 to 30 percent of gross income, The newspaper frequently publishes reports
of average rental or mortgage costs for the county as a whole, and for each city in the
county, If the negotiated faculty salary is such that the average rental cost in Ashland is
more than 25% of that salary, then the university should offer an additional stipend to
cover the difference, Each year, as salary is renegotiated, the stipend can also be
updated, in line with the newly published cost of rentals in Ashland.
Either way, these forms of subsidized housing will be much less burdensome for
taxpayers who have to foot the bill.
An added problem of the whole housing scheme is what it would do to the community
garden and the surrounding area, As it is now, that area is a microcosm of a wildland-
urban interface, It is essentially a riparian marshland in miniature. The community
garden in its present form has minimal impact on the natural life around it. The area can
be used as an outdoor, year-round classroom for students in biology and ecology classes.
It has an abundance of both native and invasive species just waiting to be studied. If any
weed control is to be done, then let students do that by hand, and limited to nonnative
plants, Landscaping, park benches or any other amenities will only detract from its
usefulness as an outdoor laboratory, Leave it be.
Oregon's economy is in the pits; the state is in debt up to its ears. We, the taxpayers are
hurting. This is a good time for the university to consider less expensive problem
solving,
Thankyou for your attention.
83
To the Ashland Planning Commission, 14JULY200g
Please consider these comments on the SERA Master Plan for SOU that you are being
called upon to adopt tonight.
Whatever is contained in an adopted Plan probably becomes an outright permitted use
under the Municipal Code. SOU would thereafter not be required to seek a conditional
use permit for such development.
This would dramatically reduce the power by the City's planning staff, planning
commission and the town itself to control what happens with future development at
SOU, including that which impacts surrounding neighborhoods and businesses.
Granting a conditional use permit allows staff and the PC to balance adverse material
effect on livability of the impact area, taking into consideration all the real world
impacts outlined in 18.104,050 (similarity of bulk, scale and coverage, generation of
traffic on surrounding streets, architectural compatibility, air quality, generation of
noise, light and glare, etc). ~
With a conditional use permit, all these factors can be weighed, everybody in the
community can express their opinions and staff and the PC can use their expertise and
desire to benefit the town of Ashland. Much broader approval criteria than with a mere
site design review.
A better outcome for everybody (including SOU) with these large developments will be
more likely than if we simply outsource things to eyes on a computer screen hundreds
of miles away.
While 18.64 050 would still apply the conditional use permit requirement and
approval criteria for development within 50 feet of privately owned property, this
exception is at least partially illusory. By the time one adds up the width of streets and
associated public rights of way, many properties just across the street from SOD's
extensive boundaries will fall outside the protected zone. Simply setting the
development 'back' a few feet would also craft a further escape valve from the 50 foot
exception. City owned lands like public parks would also not trigger the exception.
An example of the desirability of Ashland maintaining greater community control
appears in the SERA Master Plan's treatment of pedestrian safety on Siskiyou.
We've seen a recent tragedy on that street and have been forced to invest much time,
effort and expense in making the best of a 'not best' situation regarding th~ conflict
between traffic and people trying to walk or bike to and from SOU, The work is on
gomg even now.
City of Ashland
Plnlllll"J Exhibit
~'H~,\--Q:JL\
PA .. " I
o",'ii\.\\\ \1,...(\~TAf'F .6..l_
84
Yet part of the Master Plan envisions a transfer of 'uses' and the student population
north of Siskiyou.
How can this not dramatically increase the traffic vs. pedestrian conflicts on Siskiyou?
Paying lip service to this reality, the Master Plan refers to 'several potential
improvements' to the gateway area of Siskiyou/Ashland/Indiana Streets. Page 46 of
the Plan recommends that 'Option 1 be pursued.' Option 1 basically involves use of
pavements and the like to create a 'pedestrian zone' citing Eugene as an example.
The current version of the SERA Master Plan states that this 'intervention' is relatively
inexpensive. See page 46,
The immediately prior version of the SERA l\1aster Plan, however, added one other
factor regarding the now recommended Option 1 - a sentence stating '(t)he drawback of
this option is that it does not substantially improve pedestrian safety when compared
to other interventions.' See page 44 of that version.
The sentence was excised from the final Master Plan. To make the Plan more
palatable, the confession regarding safety was removed, while the enticement of
inexpensiveness remains.
Many of the projects inside the Master Plan may well be very desirable and beneficial.
But they will be better executed for everybody if the City's planning staff, Planning
COmmission and the town at large maintains a greater ability to influence such
impactful developments.
As it is, the SERA Master Plan is all but flying below the public radar. It has been
scheduled for approval in the middle of the summer, when the students (who clearly
have interests here) are gone and people are distracted by vacations and summer
activities. They've already scheduled a Council vote to approve before the Planning
Commission has even had its say in the matter.
So I hope the PC and Council will take a long, slow careful look at the Master Plan.
Otherwise, I fear we will realize one day that we've irrevocably 'privatized' and
'outsourced' what should be community decision making over a critical part of Ashland
to our great detriment.
thanks for reading
Randall Hopkins,
an Ashland citizen.
85
.:"....
1--,
Plan Detail 4: Master Plan Detail Western Gateway & New Unrversity Wey Drop Circle,
with extension of circulation system to Lot 36 and EGOS Community Garden area.
T~~"--"
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and the Historic house next-.. .'!J1jI.
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to side? CAMPUS MASTER PLAN UPDATE 119-jU~09 PlANNING COMMISSION DRAR]
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L\
MASTER PLAN This ex t contrasts the CUrrent Mast! Plan and the prior
"draft" Master Plan -- See crucial omission regarding safety on Siskiyou!
Eastern Gateway ( at bottom of page )
The complex pair Of Inter.;ectlons at SISldl"JU/AsIllanO and Slski}1lu/lnalana/
W1g/1tl11an toget/lef fonn me most Important entJy point to the eastern ana Of
campus, as well as the entry to me entire north campus area. They also are a
critICal crossing point for peOestrians traveling belween the North ana SOu1l1
, Campus areas. Even under me current campus configuraUon, Where most uses
are to the south Of SiskiyOu BOulevarel. me sate crossing Of this IntersectIOn is
essential to the safety Of peOestrians ana paltlGlpatiOn In campus lite. This Will
become muCh mOTe true In the future as acttvlty north Of SIski}1lu is Increased.
s.
me curnmt contfgutatJon of the campus
entry at Indiana St. does not 1WVfde
a strofl/l we/a>m/ng gesture. Existing
s/8fJage is small and often obscured
I>J 1BndSt:D".,. BulJdings dO not nave .
prominent entries facing the area. and
circulaUon is lnairect
,
The sentence says:
56Yera1 potentlallmprovements to this gateWay area were dlsCusseO during me
planning process, IllCludinggraae separatea pedestrlan CIOSSiI1g,s ana potential
slg)1a1 Changes. 56Yera1 Of the suggestea Changes are aescribeO ana alsCusseO
In me sloe bar "Intersection Treatment Options for Eastern Gateway: TO
Improve pedeStrian sataty ana me overall pellestrian Mentation of this area, the
Unive!S1ty will WOrk with me CIty ana omer stakehOlders to Cleate a specifIC plan to
Improve me crossings with enhanced pavement desIflI ana on-golng monitoring of
pedestrian now and safety issues (see Plan DetailS],
";JheJd.r,awb,a!*hof2 ~hi$,optiO!'l;h~rJha~~it,-dQes not
substantially'improve1p'edestriarlrrsafety when
colfr a'Ncf'to'()rii~r.~lnteOl'J;htr uOS~1ts<gn, ,nr.:ll<lJng
.;).y_""'"Ij)......." 1,:...0, "'Pr"v"..l....,~. .."~.jW,.,, ....1"" ,;..,,(, ""'0,,.;9,-,,-,
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Sidebar: Conc:eptuallntersectlon Tl'elltment Options for Eastern Gateway:
Used pavements In ~t<wmEugene.
OR to create a pedestrla112'01l4i
/
1'9. 46 in Master Plan now.
This change was not
left out, it was taken out.
/u.
1'9, 44 in the prior Master Plan "draft.'
~SJskIyoIJ/AsI>la~tmaf!/lndill1la i-.ection serves a... ",nlral node OIl the
SOU campus Ilnldng the academic uses to the south to the proposed resfdenUal and
student lire selVlces to the north. PedestrIan sa~ at this intersectiOn win ~91"6
. paramount to the success of an Integrated sou campus BS th9 community contJnues"
'to 8<<1W. Below are five Bpproacbes that MJUld both imiJTOVe pedestrian safety and
enhance the Intetsection as a gateway featumofJhe camPus. ~ .
It is IBCOIllmefldad l/lat Op/JOIl ~ be pwsued, wllh de!siled desiBn input tn>m bath..
tramcetllf/neer and an urtJan des/blef. The-Intersection's performance shooJd be.
monJtDred on an.goIng basis as deVelopment takes place. "warranted or feaSible..
s/8TJa1 phaSe Improwments as discuSsed In Optfon 2 should be fncorporatBd.
Option :l; 1f11J)f(Mld pavement d8sIgn
1l!xtum, calOI and IigfItJll8 can enhance and draW attention to thIsfntsrsection Dnd,
as such. calm lramc and ImpllMl pedeSIt/a1I safelY. _ are more iTKIlnec/ to
sIaN down and pay attention in roadWay areas that are su~tlatty different tro.m the
flomwl road condition. Option iptOposes usiitg a variety ofhlSh-visib1lit;y materials
to accentuate Iho Intersection. inClUding COIorod paVllIS. stamped COIlCtlIttJ, nigh!l'-
relleCtivecrosswalk,'""tetiais,l1Ild _rliChtitl/~: '
~ t_1llS support street.1eVeI pedeStJiaIl m:ti~ which imtJlOVCS podcsttlail
safetY and vlsibit/ty by oath motOrists-and otJWr pedestrians. The interventions are
relatively i"""PflnslW>, as they do IlO/ Impact sIOOaiiZatlOn,lhe /HIDrlC ti8/It-ol-way, 0;
1Jdj8Wllt land useo. {~oo below for "mlssi"g" ""ntence thaI was previously here }
SOUIHERN OREGON UMVERSflY
Tnesa treatments support SlfeOl-level podesttfan aCllvity, which t_'OS pec/esrrlnn '
safety and vfslbl/!ty I>J both ITIOlOrists and oIher pedesUlans. ~ In.."'-entIOllS aro
rotatively l""-'(JenSIve. aslhey do nol/mpact slgrolizallon, Iha /HIlllle rlgnt-oI.,VD)'.
or adjacent land uses. The dmwbndt of this oDllon is 11m! It dooS 110:: substnntlal/v
imPfO'le fJ6(1eSlJ1lm $Drew when conwered to oUJ.er lntetventlons.
You decide. Is this an atlemptto smooth over the main kink In a
less than desirable plan? SOUlHERN OREGO/! UNIVE~SnY
88
\0
Y--/
MASTER PLAN
Agure 9. Framewotk DillIJrDm
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28
SOUTHERN OREGON UNIVERSI1Y'
89
.
\P
http://www.dailytidings.comlappslpbcs.dlI/article? AID=/20090709/0P...
r;; i Cl
Guest Opinions
SOU 2020 Master Plan will affect all of Ashland
By Rivers Brown
Guest opinion
July 09, 2009 4:20 PM
Who has ever heard of the SOU 2020 Master Plan? Very few readers will be able to answer this
affirmatively, for it is mostly a stealth operation, scheduled to (possibly) cruise through the Ashland
Planning Commission and on to the City Council for an up or down vote if the designers have their way.
The plan is a gigantic overhaul for the center of Ashland that will affect the whole town, with some
segments of our community more heavily impacted than others, And all done, somehow, while the
university, as everyone knows, has no money. '
The "local" planner, who was here barely two years before starting this university/city remake, and the
"outsourced" Portland planner, have schemed up an unbelievably ponderous plan that has so many
facets to it, one would be hard-pressed to be able to take in all its ramifications, even after a few hours of
reading. Although, they have simplified the plan by omitting any factual basis for their assumptions and
predications, so this, theoretically, would make it much more palatable for surface.level policy makers
to accept and we the people to swallow. '
Buried within the plan are some very needed uplifts and remakes for the core campus that everyone
knows are long overdue. But the main thrust of the plan is new housing, and plenty of it, all done with
PPPs (private public partnerships). These include a massive transfer of all but 96 resident students
(Madrone dorm) now living above the boulevard, to below the boulevard, This would mean more than
800 extra students crossing Siskiyou Boulevard multiple times a day, say somewhere between 1,600
, (bare minimum) to 6,400 (hopeful maximum) extra crossings per day on our main arterial street that has
been plagued by existing difficulties and recent tragedy (death of a student) with this very issue, Yes, of
course, the university has the well-being of the (feecpaying) students in mind here and will see that a
massive remake of our main street is (again, again) done to assure their safety, even though it was stated
in the plan that there is no good way to do this. At least before that exposing revelation was expunged
from the latest "final" Master Plan,
The ,predication of increased enrollment they mention in the second line of their opening "Executive
Summary" is pure wishful thinking, as was the previous 2010 plan's estimate that SOU would be up to
5,407 students by 2010 (now at 5,082), especially if our current and probably enduring economic
situation is considered. SOU has actually been the only university in the Oregon University System that
has negative numbers on its newly admitted undergraduates and has only held its overall numbers up by
the opening of the Higher Learning Center partnership in Medford, Flawed assumptions -and projections
do not a good plan make, ,
Other housing projects the university has in mind, as with the above-mentioned regular student housing,
are not about their current housing shortages: Family housing for the university is, and has been, 100
percent full with a long waiting list (regular housing hovers around 80 percent full), The planners would
like to create a Faculty Village, despite studies by the city that there is actually no shortage in affordable
'housing, This strategy would further impact the sagging real estate market here and the housing would
be built and managed by private developers within PPPs that fall outside the normal planning process
and outside the city's tax base,
One of the two options for this would place blocks of two- or three-story (with parking beneath) condos
along upper Ashland Street, across from the G1enwood Park single family neighborhood, from Beach
Creek up to Mountain Avenue, with corresponding rows of condos just below on Henry Street. This
very insensitive and intrusive - both in scale and population density - university interface with the
current '50s housing of this neighborhood has begun to see growing community resistance to having
their quality of life changed forever, not for better, by outside planners.
10f2
14/07/2009 9:26 AM
90
--I
.r;; b,
hllp://www.dailytidings.com/apps/pbcs.dll/article? AID=/20090709/0P. ,.
The concept of faculty housing is very controversial and unproven - it creates more insulation at an
already-insulated institution; appreciation, demand and profit cannot be guaranteed; it competes with
private sector and is not on city tax rolls; and beller faculty housing schemes are available. Even if it
were a viable option, there is a far superior location for it on the north campus where all the amenities
(schools, kid intertie family housing, playing fields, etc.) exist and where the scale and population
density fits in with what is already there,
There are more unfortunate ideas in the Master Plan that deal with cutting back most of the vegetation
on campus, including established trees, to slap down a big tight-grid, X-shaped plaza in the central core,
where a woodland and meadows theme currently exists, The denuding of campus under the "raising
visibility" mantra has already started to impact the core area view and soundscape negatively by
introducing street cruiser blowback into the core academic zones. Academic and social zones being
negatively impacted by an advertising scheme is never good, nor should be tolerated,
This giant plan that virtually no one knows about will affect nearly everyone in Ashland one way or
another. The plan is set to float through the Planning Commission and City Council this summer while
students are away, locals are on vacation and the sleepy little town of Ashland is busy entertaining itself
to wash away the downturn and future collision of the crises, Is there anything wrong with this picture?
If you think there may be, go to the SOU 2020 Plan Web site: www.sou.edufmaster-plan and check it
out. Then you may want to e-mail our working group at 2020Plan@mind.net for updated information
and beller options. You may also make a comment on the SOU site that will be delivered to the Planning
Commission.
If you'd like to have a say about this, the SOU 2020 Master Plan goes before our Planning Commission
on Bastille Day, Tuesday, July 14, at 7 p.m. at Council Chambers 1175 E. Main St. If you don't speak
up then, please, forever hold your peace on this, for they don't have to listen if you don't register your
resistance now.
Rivers Brown moved to Ashland nine years ago, buying a house next to Southern Oregon University,
He discovered the SOU Master Plan by reading an article in the Daily Tidings about SOU expansion and
followed the link to their Web site, where he discovered that one of the plans had him and his family
scheduled "outta here." Thus began his odyssey to explore the plan in depth: Currently, and technically,
he is "out from under" the plan as it now stands, and he has been assisting others in trying to get out
from under the negative impacts of the plan. His son recently finished his freshman year at SOU,
20f2
14107/2009 9: 26 AM
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[Citizen Resistance 0 Faculty Village Developmant on West Campus
This letter is to register my resistance to the section of the SOU Master plan that deals with
the Faculty Village between Ashland and Henry Street; I will be out of town on the on the
14th and unable to attend the public hearing with the planning commission,
I was truly surprised and distressed when I heard of the section of the university's plan that
involved building faculty condominiums in the Glenwood Park area. Such development
appears totally incongruent with the present setting of single family residences around a
small city park, The purposed development would overwhelm what is already there, doing
irrevocable damage and taking far more from the community than what the university actually
owns.
To the best of my knowledge the plans have been developed without any real input from
the local community. I live only a block and a half away and had not known anything about it
until recently, and not from the university.
I would strongly request that this part of the proposal be denied as there are other more
workable solutions that could be implemented. It is my understanding that the Community
Garden and Glenwood park neighborhood "working groups" have come up with a plan that
demonstrates there are other alternatives that are possibly more viable. This seems to be
a much needed start for the university and community working together.
Sincerely,
Craig Grossmann
880 Ashland ST
Ashland, OR
On Friday, July 10,2009, at 10:58 AM, Allan Peterson wrote:
I received the notice about the Ashland Street condo proposal and will send an em ail to the
names on the flyer stating my objections,( the concept of faculty housing and the
architectural incompatibility with the existing neighbor).
Thank you Allan Peterson 807 Beach
Ashland Street condo
Hello,
I would like to respectfully register my opinion re: the Ashland Street Condo proposal.
I strongly OPPOSE this development. Ashland Street has very few, ~, multi-family
homes and I feel that this plan does not support the current nature of the
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neighborhood.
It would put inappropriate strain on the facilities of Glenwood Park and add to the
current congestion already experienced in the neighborhood when the university is in
session,
Please vote AGAINST this part of the proposed SOU 2020 Master Plan.
Thank you for your consideration.
Sincerely,
.
Jean Taylor
734 Glenwood Drive
SOU 2020 Master Plan
Dear Planning Commission,
Mr. Norm Christlieb of 581 Morton St. asked me to pass on to you that he is against the
SOU 2020 Master Plan proposal to locate Faculty Villa~e in the Glenwood Park area of
Ashland Street, and 'west campus,' (passed on by Rivers Brown)
Dear Planning Commission,
Mr. James E. Jefferies and his wife, Ida B, Jefferies of 593 S. Mountain Ave. asked me to
pass on to you that they are against the SOU 2020 Master Plan proposal to locate Faculty
Village in the Glenwood Park area of Ashland Street, and 'west campus.' (their telephone
number: 482.0644) (passed on by Rivers Brown) ,
Jim Maynard
559 S Mountain Ave.
Ashland, Oregon 97520
Years ago SOU tried to sneak through twin high-rise apartment buildings at the corner of
Ashland Street at Mountain Ave. I was the only attendee at a hearing who spoke against it.
When I divulged that they were planning two 7-story buildings, the SOU rep got very
upset and was very loudly demandin~ how I knew "that".
Apparently, they weren't telling the City, .
It was stopped.
Below are the comments I just posted on http://sou.edu/master-plan/
The "sou-master-plan-poster09-draft.pdf' is deceptive. With just a quick
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glance I notice the following:
1. On "sou-master-plan-poster09-draft.pdf' the legend shows an incorrect
shading for "new buildings". It does not match what is in the drawing.
2. On "sou-master-plan-poster09-draft.pdf' there are just two places listing
"Faculty Village house at edges of campus". The area'on Ashland Street showing
the same legend symbol for "new buildings" is not indicated as being some of
the "Faculty Village".
3, On "sou"-master-plan-poster09-draft.pdf' the "Faculty Village house at edges
of campus" has, in just one place, a bubble saying"line residential street with
housing, to better interface with neighborhood". Left out was that these are
planned as 3-story complexes. A complex of that size on Ashland Street is NOT
a "better interface with neighborhood".
The performing arts building was a very obtrusive addition to the neighborhood.
This would be worse.
4. On "sou-master-plan~poster09-draft.pdf' there is a bubble saying
"Enhanced Gateway at path between Theater and Music and improved crossing
at Mountain Way". What/where is "Mountain Way? Are you referring to the street
Mountain Avenue? Or is there a pathway through the campus name Mountain
Way?
Sincerely,
Jim Maynard
559 S Mountain Ave,
Ashland, Oregon 97520
Gentlemen,
We are writing to express our response to the potential development of the
SOU/Glenwood park area. We have lived about three blocks from this neighborhood for
nearly 18 years, and are very familiar with the area, Our family has utilized Glenwood park
as a quiet respite and natural retreat - most recently yesterday, where we gathered with
extended family just to sit in the grass in the shade and enjoy the view and mellowness of
the neighborhood, Our morning walks frequently take us past the proposed building
location - where we appreciate the riparian zone of little Beach Creek, as well as the
community gardens that have seem to be thrivin~ so successfully, These natural qualities of
this neighborhood are exactly what has kept us living here for as long as we have.
Ashland has an excellent opportunity to be a leader in modern urban development, holding
with great care the principles of permaculture (please see definition below) which make the
relationship between humans and the environment that they inhabit, sustainable and
enjoyable, The community garden in this area is an excellent example of how a community
can utilize it's landscape to build relationships within ifs human population as well as building
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a direct relationship with it's food source, which is of vital importance during the transitional
times we are living in. We are wondering if the proposed building plans that SOU is
offering have taken any of these aspects into consideration. Is it possible that any building
proposal there could be required to include a community garden space, a stewardship of
the creek, and a commitment to modeling sustainable building practices so vital to the
. progress of our planet and species? IE: using green and sustainable building practices -
solar, wind, etc. We imagine an inspired designer could also create a building that would
also reflect a respect of the already established neighborhood in which is built.
As you face this planning decision, we encourage you to consider carefully not only the
potential impact of a condo unit in an old neighborhood, but also the potential of Ashland to
be a leader in sustainable design and practice in ifs approach to growth in the 21 st century.
Warmly,
Janie Chandler and Joseph Micketti
From Wlklpedla:
Permaculture is an approach to designing human settlements and
perennialagricultural systems that mimiC the relationships found in the natural ecologies. It
was first developed by Australians Bill Mollison and David Holmgren and their associates
during the 1970s in a series of publications. The word permaculture is
a portmanteau of permanent agriculture, as well as permanent culture.
The intent was that, by rapidly training individuals in a core set of design principles, those
individuals could design their own environments and build increasingly self-sufficient human
settlements - ones that reduce society's reliance on industrial systems of production and
distribution that Mollison identified as fundamentally and systematically destroying Earth's
ecosystems. .
While originating as an agro-ecoloQical design theory, permaculture has developed a large
international following. This 'permaculture community' continues to expand on the original
ideas, integrating a range of ideas of alternative culture, through a network of publications,
permaculture gardens, intentional communities, training programs, and internet forums. In this
way, permaculture has become both a design system and a loosely defined philosophy
or lifestyle~.
95
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Deliberations & Decision
Commissioner MarshlDotterrer m/s to approve PA #2009-00551, with the corrected condltlons as noted by staff.
DISCUSSION: Marsh stated she is comfortable w~h the variance and commented on the need to look at the parking situation
in the Railroad District and the entire City as whole, and not on a case by case basis. Dotterrer concurred w~ Marsh's
statement and stated he is comfortable with the variance; however, he wamed that building a LEED certified structure is not a
criteria for the variance and should not have been referenced in the staff report. Blake commented that anytime you introduce
a new building into a Historic District you face challenges. He noted the proposed building materials and voiced appreciation
for the way the building steps back and keeps with the scale of the historic houses in the neighborhood. Mindlin stated the fact
that A Street is too nanrow to award an on-street parking cred~ is a circumstance beyond the Applicant's control and therefore
qualifies for the variance. She noted the way the parking has been laid out off the alley, which minimizes the pavement
surfacing is also a reason to support the proposal. Dimitre commented if the required parking cannot fit on the site, this tells
him that the building is too big. Roll Call Vote: Commissioners Marsh, Dotterrer, Biake, Dawkins, Miller, Mindlin and
Morris, YES. Commissioner Dlmltre, NO. Motion passed 7.1.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTiONS: #2009-00817
APPLICANT: Southern Oregon UniverSity
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010.2020 as
part of the City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master
Plan.) COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: S.O
Declaration of Ex Parte Contact
Blake recused himself from the public hearing due to his affiliation with Southem Oregon University. Dawkins indicated his
father was a teacher at the college and he attended SOSC. Mindlin stated she had received a communication from Rivers
Brown through her work with Transition Town, and noted this document has been distributed to the rest of the Commission
and made part of the record. She also indicated that she performed a site visit. Morris stated he lives a few blocks from the
University, was a student at SOSC, and also donates time to ScienceWorks, which is located on University property. Marsh
stated she performed a site visit, was a student at the University, and also lives a few block away. She added that she had
read the recent newspaper articles and had a brief conversation with Matt Marr regarding the placement of the faculty
housing, however no new information was shared in that conversation. Miller stated she has also read the newspaper articles
and frequently walks by the campus. Dimitre stated he had performed a site visit.
.t
Staff ReDort
Community Development Director Bill Molnar addressed the Commission and provided a brief overview of the land use
process for this type of application and previous SOU Master Plan updates. He explained the University is required to go
through this process every ten years and this plan outlines the direction the University would like to take over the next decade
(2010 through 2020). Mr. Molnar stated the Commission's duty is to ensure that the proposed plan is consistent with the
Ashland Comprehensive Plan from a land use standpoint. He added this is a Type III hearing and the Commission will take
public testimony and forward a recommendation to the City Council, who will ultimately make the final decision.
Mr. Molnar delivered the staff presentation on the SOU Master Plan 2010-2020 Update. The presentation focused primarily on
the proposed University housing outlined in the plan, but also touched on campus parking standards and the need for
Transportation Demand Management strategies. Mr. Molnar displayed several photos of the various areas planned for future
development and presented the following staff recommendations:
1) SOU Facultv Housina at Ashland Street and Mountain Ave.
Staff Recommendations: a) Project be subject to a conditional use permit, b) Adopt additional design standards
addressing building scale, bulk, coverage, articulation, etc., and c) Conduct a Transportation Impact Analysis
prior to final design.
2) SOU Housina on Henrv Street.
Staff Recommendations match those outlined above for Item 1.
Ashland Planning Commission
July 14. 2009
Page 4 ofl
96
3) SOU Faculty Housina on Walker Avenue.
Staff Recommendations: a) Adopt additional design standards addressing building scale, bulk, coverage,
articulation, etc., and b) Conduct a Transportation Impact Analysis prior to final design.
4) SOU Mixed Use Housina on Ashland Street.
Staff Recommendations: a) Project be subject to Detail Site Review and Large Scale Development Standards, b)
Conduct a Transportation Impact Analysis prior to final design, and c) Adopt a Pedestrian Safety Plan and
timeline for implementation.
5) Camous Parkina Standards.
Staff Recommendations: a) Promote the use of altemate modes of transportation, and b) Refine campus parking
requirements. -
6) Transoortation Demand Manaaement (TOM).
Staff Recommendation: Require TDM strategies and a timeline for implementation.
Aoollcant's Presentation
Craig Morris, Vice President, SOU Finance and Administration DeptlMr. Morris introduced the University's consultants for
this project Eric Ridenour, SERA Architects and Greg Covey, Covey Pardee Landscape Architects. Mr. Ridenour stated
the University's Master Plan is the long range vision of where they would like to go in the next 10 year period. He explained
projects are generally identified in the Plan, and there will be a level of specific site planning that comes later.
Mr. Ridenour delivered a presentation on the Master Plan Update and outlined the following key elements of the Plan:
1) Renovate and expand the Theatre Arts building;
2) Upgrade the Science building complex; .
3) Upgrade the McNeal Pavilion area and build a better visual connection;
4) Expand residential capacity by creating more housing for students and faculty on the north side of campus.
Mr. Ridenour's time expired before he was able to complete his presentation. Before he concluded he clarified the faculty
housing is proposed to be built around the existing park lot, the earlier proposal to move the community garden has been
abandoned, and there will be no attempt to build housing next to Beach Creek.
Public Testlmonv
David Schleber/586 Glenwood/Stated he lives 100 ft. away from campus property and has a son who attends the University.
Mr. Schieber stated the University's adoption of green building practices is great, but expressed concem with the lack of
neighborhood participation in the development of this plan. He stated the data is mixed as to whether faculty housing would
work and stated any new buildings should fit into the existing neighborhood and not dwarf the sunrounding structures.
Marcia McNamara/1007 Ashland/Stated the previous plan called for classroom buildings to be constructed in these areas
and likes the idea of faculty housing instead. Ms. McNamara stated she has a 2-story house and there are others in her
neighborhood as well, and to say any new structures have to be single story does not take into account what is currently there.
She voiced her support for daylightlng Beach Creek and stated she has been favorably impressed by what has been
presented tonight.
Mary Margaret Modesitt/540 S. MountalnNoiced concern that the only way she was aware of this plan was because a
citizen who opposed it contacted her. Ms. Modesitt recommended the University speak with the community before embarking
on this plan. She commented that there used to be housing along Mountain before the University built a parking lot, and now
they want to tum a parking lot back into housing.
Marilyn Brlggs/590 GlenvlewlNoted she was a Planning Commissioner when the previous Master Plan was adopted and
voiced her opposition to the amount of housing in the proposed plan. She stated student and facuity housing should be
integrated into the community and the proposed isolation seems like the wrong approach. She added the mission of the
campus administration should be providing education, not housing.
Carita Culmer/1069 HenrylStated the thought of looking out her window at a multi-story monstrosity leaves her feeling cold.
Ms. Culmer voiced objection to the idea of faculty housing and stated this would destroy her neighborhood. She stated the
Ashland Planning Commission
July 14, 2009
Page 5017
97
University already has a large number of houses and apartments that they rent out at lower rates, and if faculty cannot afford
to live in Ashland, the University should offer a stipend to compensate for the higher housing costs. Ms. Culmer commented
on the community garden and stated landscaping would only detract from its usefulness as an outdoor laboratory and the
University should leave it be.
Colin Swales/143 Eight/Agreed with the staff recommendation for this property to be brought into the Detail Site Review
Zone. He also stated the proposed conditions regarding the Transportation Demand Management strategies and the Traffic
Impact Analysis are appropriate. Mr. Swales commented on increasing student housing on the north side of campus and how
to handle the pedestrian traffic crossing Siskiyou Blvd. He stated there are creative options available and they have an
opportunity to create a pedestrian friendly node. Mr. Swales stated this plan needs a lot more study and far more public input
from the neighbors and the community as a whole.
Angle Thusius/897 BeachlStated the Master Plan does have some sustainable approaches, but two of the elements are
inappropriate. Ms. Thusius stated the faculty housing would dwarf private homes, and moving 800 students below Siskiyou
Blvd would require them to cross this dangerous street to get onto campus. She stated the students are much safer in the
area they are in now. She also stated that it appears this plan was done in a hurry and with little input from the community.
Commissioners Dotterrer/Miller m/s to extend meeting to 10:00 p.m. Voice Vote: all AYES. Motion Passed 7.0.
Art Bullock791 GlendowerlStated this plan is not up to the sustainability standards we need from a 1 a-year plan. Mr. Bullock
commented on the assumptions made in the plan and stated these may be drastically off a few years from now (including
what type of housing students prefer). He agreed with staff that the transportation plan needs to be completed first since it will
likely take time to make these types of changes. He stated allowing permitted uses in the plan removes the community's
option to check in and recommended all of the plan's components be subject to the City's Conditional Use Permit (CUP)
process.
. Keith Spear/570 GlenwoodlStated if a 2-story building is built as proposed, their mountain views would disappear. He stated
they paid a premium for their home because of the view and recommended the concept of viewscape be discussed. Mr. Spear
stated he would have liked to have seen some sensitivity to the surrounding neighborhood and the University needs to do
more interfacing with the neighbors on a human scale. He noted a letter submitted into the record by Randall Hopkins and
recommended the City not sign away its power in regards to the CUP process.
Jesse Mlller/430 Ashland/Stated he has been gardening in the community garden for three years and brought in a sample of
a new variety of garlic he has grown. Mr. Miller stated food security is becoming a bigger concem and community gardens
allow for local control of our food supply. He spoke to the benefits of the community garden and stated this is a place where
agricultural skills are kept alive in our community and the garden also serves as a community meeting place. He noted the
new version of the plan says the garden will be spared, however it is clear that the garden is not a priority. Mr. Miller voiced
concem with sunrounding the garden with condos and is wary of the University's offer to enhance the garden. He stated if they
really want to enhance it, they should increase funding for it. He stated the current plan still moves the parking lot closer. to the
garden and it is unclear what is going to happen. He stated he is in favor of affordable housing for faculty, but there are other
ways to accomplish this and faculty housing should be located on the north end of campus if it occurs. -
Charles Culmer/399 S. Mountain/Felt that the plan has been kept secret and the neighborhood has not been informed of the
University's intentions. Mr. Culmer questioned if housing is built on the parking lot, how are they going to compensate for the
loss of parking. He stated the parking lot is there for a reason and requested they be kept better informed.
Sylvain Brown/1067 Ashland/Stated he is a neighbor and student of SOU and should have been informed of this plan a long
time ago. Mr. Brown commented on why he selected to attend SOU, including its small town feel and expressed concem that
the plan seems to be shifting to the idea that bigger is better. He suggested there are more preferable options that would
bolster the school's image.
Rhlanna Slmes/433 LlbertylStated she moved to her house because of the community garden and the feel of the
neighborhood. Ms. Simes stated she is pleased to hear the condos will not be placed on the garden, but said there is still an
Ashland Planning Commission
Juiy 14, 2009
Page 60'7
98
air of mistrust and concem about what the plan actually entails. She commented on the benefits of the garden and stated the
community and the students should be allowed to provide input on any type of future enhancements.
Abraham Bettinger/367 BrldgelStated he lives close to the University and feels he has been kept in the dark about their
plans. Mr. Bettinger stated he would have liked for the University to put more emphasis into educational programs, and while
he agrees that some of the facilities could be improved, thinks building new housing is a waste of energy. He noted he works
at the community garden and the garden could enhance the green image of the University. Mr. Bettinger stated he is
concemed with the plan and feels it needs to be a lot more transparent and made clear to the community.
Alex Goldman/1153 Iowa/Agreed with the testimony previously delivered tonight and asked the Commission to not allow
SOU to pave over the garden.
Commissioners Mindlin/Dotterrer m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed 8-0.
Rivers Brown/1 067 Ashland/Stated he owns a home right next to the University and requested clarification on what happens
to his home in the plan. Mr. Brown stated he does a lot of interaction with the University, however he only heard about their
intentions by reading an article in the newspaper. He commented on the various houses included in the plan that the
University does not have ownership of, and noted how these homes were included in the plan maps detailing where
development would occur. He commented that 2-3 story buildings would block views for residents and the stated the
neighbOrhood does not want a faculty village placed here. Mr. Brown stated faculty housing is a flawed concept, but if it is bum
it should be piaced on the north side of campus and commented on why this is a better location. He stated the University
should work with what they have and try to enhance ~ instead of wiping everything out and starting fresh. He also commented
on the lack of input that has occurred in the development of this plan.
Dawkins noted that this concludes the public testimony portion and due to the limited amount of time remaining suggested the
Commission continue this item to the next regular Planning Commission meeting.
Commissioners Dlmltre/Dotterrer m/s to continue the public hearing to the August 11, 2009 Planning Commission
meeting. Voice Vote: all AYES. Motion passed.
OTHER BUSINESS
A. Election of Officers
Commissioners Pam Marsh and Michael Dawkins were nominated as Planning Commission Chair.
Roll Call Vote: Commissioners Blake, Dawkins, Dotterrer, Miller, Mindlin and Morris voted for MARSH.
Commissioners Dlmltre and Marsh voted for DAWKINS. Pam Ma~h was selected as CHAIR.
Commissioners Dave Dotterrer and Michael Dawkins were nominated as Planning Commission Vice Chair.
Roll Call Vote: Commissioners Mindlin, Dawkins, Marsh, Dotterrer, Dlmltre and Miller voted for DAWKINS.
Commissioners Morris and Blake voted for DOTTERER. Michael Dawkins was selected as VICE CHAIR.
Commissioners Larry Blake and Melanie Mindlin were nominated as Planning Commission Second Vice Chair.
Roll Call Vote: Commissioners Mindlin, Miller, Marsh, Dlmitre, Dawkins and Blake voted for MINDLIN.
Commissioners Morris and Dotterrer voted for BLAKE. Melanie Mindlin was selected as SECOND VICE CHAIR.
ADJOURNMENT
Meeting adjourned at 10:25 p.m.
Respectfully submitted,
April Lucas, Administrative Assistanl
Ashland Planning Commission
July 14. 2009
Page 7 of7
99
Planning Commission
Speaker Request Form
I) Complete this limn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name
~~
(please print)
Address (no P.O. Box)
8J\-O~03
Phone
Tonight's Meeting Date
tpJ
Agenda item numbe~
?(o,.V\
Regular Meeting
';X)c.J
;}D!}.O f~Y\
OR
Topic for public forum (non agenda item)
Land Use Public Hearing
For:
Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a contlict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the c1crk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the nonnal
order of proceedings.
Written Comments/Challenge:
l SE:S 5"'-\-\- \ 'E,,\T ~ ';)GD\:\. - ClO \
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during publicjorum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
ofa proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonahly loud or disruptive are
disrespectjid, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
100
Planning Commission
Speaker Request Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
). l. I, ,.
Name r (?"Sse JV h I{ E'J r
v (please print) L}'< i~! L\ i I J' c-
Address (no P.O. Box) I ,-""j /'-'j'~)y'i! d (\" ,:) t
L./dZ'" UC. ? ,:<:..' L~!'l _. I 'f' '. /'.'''r {;-n.:.! A ::.:..'}'
Phone 'p ,,;, I ",,~-> ,;" Email t'- rlVV 1 \ 2;..: C:-','\ VI '-" ,
".../
Tonight's Meeting Date -S:J I; ti i 2f)c,')CJ
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Regular Meeting
Agenda item number
OR
Topic for public forum (non agenda item)
Land Use Public Hearing
Against: 5t11) /11,1:;-/-'1' pi, '()
,
For:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings. <'0 \ J ," 'A <' ( D" I II ' /~ '" ,'J," ~ ,-
Written Comments/Challenge: J . \. ~/ 1 Lr'.-':r~~-( ~) 21/'1 .' {~Q.\.; "." l/)~} v ~
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The Puhlic Meeting Law requires that all city meetings are open 10 the puhlic. Oregon law does not
always require that the puhlic he permilled to speak. The Ash/and Planning COll1mission generally
invites the puhlic to speak on agenda items and during puhlic forum on non-agenda items unless time
constraints limit puhlic testimony. No person has an ahsolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictlyfol/ow the
directions of the presiding officer. Behavior or actions which are unreasonahly loud or disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will he requested to lem'e the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
101
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minut~s.
S) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name C~e.t.I,pc; Iv/' r UI. "'iLl"\.-
(please print). " .
Address (no P.O. Box) .:3 C) 9 .->. fll-/; JrC/ E~
. /' I
Phone i,?/i -)?77 Email .
Tonight's Meeting Date 7 - / q - 0 9'
Regular Meeting
Agenda item number
OR
Topic for public forum (non agenda item)
Land Use Public Hearing
For:
Against:
Challenge for Conflict oflnterest or Bias
If you are challenging a member (planning commissioner) with a conflict of inierest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testifY during the normal
order of proceedings.
Written Comments/Challenge:
5 r:' I;;' /<-
wi; n/li ;;}:r /7 tfl/ ?L'
c;>'5-' lYe <7L- ,?,=-
).., y/'r:
I
~c5Y c:;f
i?,z,R(.</';<"/ b-_
,/
/,0C;'5
I
7'7:-
,- ,.
.;:>T+ k-r-
,
\
The Public Meeling Law requires Ihat all city meelings are open 10 Ihe public. Oregonlmv does not
always require Ihat Ihe public be permifled to speak. The Ashland Planning Commission generally
inviles Ihe public 10 speak on agenda ilems and during public forum annan-agenda ilems unless lime
conslraints limit public lestimony. No person has an absolule righl 10 speak or parlicipa/e in every phase
of a proceeding. Please respect Ihe order of proceedings for public hearinKs and slriclly follow Ihe
direclions of the presiding ojjicer. Behavior or actions which are unreasonably loud or disruplive are'
disrespectful, and may constitute disorderly conduct. Offenders will be requested to lem'e Ihe room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
102
Planning Commission
Speaker Request Form
1) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give. written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name .1:'(., ! V:J~~ Jf' p;/\>t, v 'VI
.j (please print)
Address (no P.O. Box) 1,()~77
/." -.
Phone ISi-J.( ! --;:J, U ':-1.). ~ Email
'! .
. ~ ,. .,,"'/' F' " '
._4,~.r:l . ..l-f-{/ .....L.
., f'
( ,
" ,
,j /! L'
/'4-:'}/.1' ( j rf C.: _ ,( ; '"f'
~)."' L 1,/,01,: d ~
.,
..~ i:'L /.. (j.
././ L~I ~(.~)./
I. . '"~ (::C- u'"'' ." '/ .. ..'
11.',i.1./!, f<_I._ . {,"f "- <. ~..;-vvt
. - (.>
Tonight's Meeting Date
Regular Meeting
~ .
~J'-~ L/
"l .', 'l
..i-...." oJ.-.
~}
1"')/.."
'1' (r'
" . 'k..,"'"
Agenda item number
OR
Topic for public forum (non agenda item)
~ Land Use Public Hearing
For: Against:
Challenge for Conllict orInterest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with suppol1ing facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the nonnal
order of proceedings.
Written Comments/Challenge:'
The Public Meeting Law requires Ihat all city meetings are apen 10 the public. Oregon law does not
always require that the public be permilled to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum annan-agenda ilems unless time
constraillls limit public testimony. No person has an absolule righl 10 speak or participate in every phase
of a proceeding. Please respect Ihe order of proceedings for public hearings and slrictly follow the
directions oflhe presiding officer. Behavior or actiollS which are unreasonably loud or disruplive are
disre;pectfitl, and may constitule disorderly conduct. Offenders will be rei]uesled 10 leave Ihe room.
Commen~s and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
103
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
I
Name 'A~ n.L-<...9/~'
(please print) ~ . 0 _ ;
Address (no P.O. Box). 8 cr 7 (~-v
Phon{S i~) ))' 2 -{J'T2~ail /
Tonight's Meeting Date
ft;-!it-v~
Regular Meeting
SOLL
.~O~CJ
Topic for public forum (non agenda item)
/rl c~re-,~ f !c.VvU
Agenda item number OR
Land Use Public Hearing )<
For: Against:
,
Cballenge for Connict orInterest or Bias
If you are challenging a member (planning commissioner) with a contlict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testii)' during the normal
order of proceedings.
Written Comments/Challenge:
The Public lvIeeting Law requires that all city meetillgs are opell to the public. Oregonlmv does not
always requi/'e that the public be permitted /0 speak. The Ashland Planlling Commission generally
invites the public to speak 0/1 agenda items and during public forum 011 non-agenda items unless time
constraints limit public testii/lOny. No person has an absolute right to speak or participate in every phase
of a proceeding. Please /'espect the order ~f proceedillgs for public hearings and strictly follow the
directiolls of the presiding '!ff/cer. Behavior or actiolls which are un/'easollably loud or disruptive are
disrespectful. and may cOllstitute disorde/'Iy cOllduct. Offenders will be requested to leave the room.
. Comments and statements by speakers do not represent the opinion of the City Council,
. City Officers or employees or the City of Ashland.
104
Planning Commission
Speaker Request Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Art Bullock
Name
(please print) 791 Glendower
Address (no P.O. Box)
Phone Email
Tonight's Meeting Date 2009Jul14
Information on this form is strictly confiden1ialtlo the fullest extent allowed by
Regular Mee 109
c;(~\18~~el~HRlili~l:lcords Ll{YRandlll~rf!R'tlllblic forum (non agenda item)
SOU 2020 Plan
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (pianning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this fOlm and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful ofthe proceeding and do
not interrupt. You may also provide testimony about the challenge when you testity during the normal
order of proceedings.
Written Comments/Challenge;
The Public Meeling Law requires Ihal all city meelings are open 10 Ihe public. Oregan law does nol
always require Ihallhe public be permilled 10 speak. The Ashland Planning Commission generally
inviles Ihe public 10 speak on agenda ilellls and during public forum annan-agenda items unless lime
conslraiJ1/S limil public leslimony. No person has an absolllle righllo speak or participale in eve,y phase
ofa proceeding. Please respecllhe order of proceedings for public hearings and stricllyfollow Ihe
direClions of the presiding oljieer. Behavior or actions which are unreasonably loud or disruptive are
disrespectfid, and may constitule disorderly conducl. Offenders will be requesled to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
105
Planning Commission
Speaker Request Form
I) Completethis form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name' \/~ C::'lD ,"' -
,......WU. .1.'_'-1
(ptease\ print) __
Address (no P,O. Box) "-':;'1 () C:> \.0"'_'- i,:.,,\.) D'o';'~/"'._
c, _ 1- \ t- ,. _"~','" ;j'- . \ _ :~.L\. ,... ,~, _,' .: ..-~i ~.\.... - ,..,
Phone. '-> -+ \ -<(;;, .!-_...::."J, Ematl (:".Y 1:"~..:.r"'" .-:,~... "c,w. ...:-~:.,
Tonight's Meeting Date --;)) '-I } tfl - . . .
Regular Meeting
Topic for public forum (non agenda item) '~::C) U
(.;"-1 ,:."
I - "','
{..,
" \ .o"~'_"
Agenda item number
OR
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of inte,'est or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
'not intemlpt. You may also provide testimony about the challenge when you testifY during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during pubiic forum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to !'peak or participate in every phase
ofa proceeding. Please respect the order ~f proceedings for public hearings and strict~v follow the
directions of the presiding ojficer. Behavior or actions which are unreasonably loud or disruptive are
disrespeciful, and may constitute disorderly conduct. Offenders will be requested to leave the /'00111.
,
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
106
I
Planning Commission
Speaker Request Form
1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planriing Conunission from the table podium microphone.
3) State your name.and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name YA..J vb (.., h.'I'C;...h~
.::::(;(!:E+~':e;f.:;:03-,<-
'.~.'
Tomght's Meeting D~te'
.~
0"\
~o ~ ;;LoC}..o
t1l~~yL.
Topic for public forum (non agenda item)
Agenda item number OR
Land Use Public Hearing
For:
Against:
, Challenge for Conflict ofInterest or Bias
If you are challenging a member (planning conunissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not intenupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permilled to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespecifUl, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland. .
107
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content oftheir public statement.
NamMA-12.6t A fY)c..rJaf'{\,Q}..cu
. (please pring I ~ . . _C"-L
Address ('!o P.O. Box) I 0Ii A-.sVy~d ~
Phone '-JZa-o~<Lr.o Email A-sc...~N\tt-..e.e.IA-@ ~oo, ~Nu
Tonight's Meeting Date / 09
Regular Meeting
Agenda item number VI OR
Topic for public forum (non agenda item)
Land Use Public Hearing
For:
Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testity during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum annan-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
(Jfa proceeding. Please respect the order of proceedings for public hearings and strictlyfollow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may constifute disorderly conduct. Offenders wi/! be requested to ieave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or t~e City of Ashland.
108
Planning Commission
Speaker Request Form
I) Complete this timn and retum it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content oftheir public statement:
Name
(plea~e pro
Address (no P,O. Box):::
Phone 0q \ -t.l ~A() Bk~i1
, '
Tonight's Meeting Date
.~ 7, (\f\)^ '0\ ~ 0 ~e ",) AF)o('.c..'
. \ ~ DD I
Regular Meeting
S(J U, (~
~
Agenda item number C'7 OR
Topic for public forum (non agenda item)
Land Use Public Hearing ~
For: Against: ~
Cballenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the .challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge: .
The Puhlic Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to 'peak on agenda items and during public forum annan-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
ofa proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding ~fficer. Behavior or actions which are unreasonabiy loud or disruptive are
disre,lpectjid, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
109
Planning Commission
Speaker Request Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your camme,;ts to the amount "ftime given to you by the Chair, usually 5 minutes.
5) If you present written materials. please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name I{MCl<'iAJ HfflG6S . .
(please prin!)., . t! . 1 'n
Address (no P.O. Box) '-.-) If 0 GtE.N I f:u./ Vlf.
Phone 19 J. Of()3 Emait "....-
Tonight's Meeting Date .:::Jl} 1-
;l001 <(}Obl1-
Agenda item numbJr / OR
Regular Meeting
Topic for public forum (non agenda item)
Land Use Public Hearing \
For: Against:
Challenge for Conflict ofInterest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeling Law requires that all city meelings are open 10 the public. Oregon law does nol
always require Ihat the public be permilfed to speak. The Ashland Planning Commission generally
inviles Ihe public 10 speak on agenda ilems and during public forum annan-agenda items unless time
constraints limit public lestimony. . No person has an absolute righl to speak or parlicipale in eve,y phase
ofa proceeding. Please respect Ihe order of proceedings for public hearings and striclly follow Ihe
directions of the presiding !1ficer. Behavior or aclions which are unreasonably loud or disruptive are
disrespeclful, and may conslitule disorderly conduct. Offenders will be requesled 10 leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
110
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name
,.,.. ,
.'. ,,",' 'I' I
'..~~r.- io:....., .
-~
.' _,..1..\ :./;, .t~~.:~\~-. ~~~
"...~' ~ <-I _.i'
(please print)'
Address (no P.O. Box)
....J
I L+'.",
! ....J
0e.ff.'
......'...~'t't,
.~.<:
>-,_,1 ,
;. . .. .. ;"l-.
./ '\:~"'!-, J'Y~J\ )
..; .... ....; :,,,,.~ .', <.
.,
Phone
Email
Tonight's Meeting Date
,'~.-.~~. \n,'
__ c_';.;
. f ~.
;~;.
;
-;......- ;...-
, "-- "'. t'
" ::"{'O..,.l
'~.... ::;"'
Regular Meeting
, I
Agenda it~m number'i \
OR
Topic for public forum (non agenda item)
Land Use Public Hearing
For: J -",'~ :.'-~'-' -"'''i . Against:
l' ".. ,. ,..,1''''
,iL_....\,,; , 1-_.- 1 ~..",
Challenge for Conflict orInterest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately.' The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testifY during the nonnal
order of proceedings.
Written Comments/Challenge:
.
The Public Meeting Lmv requires that all city meetings are open to the public. Oregon Imv does not
always require that the public he permit/ed 10 speak. The Ashland Planning Commission generally
invites the puhlic to speak on agenda items and during public forl/ln annan-agenda items unless time
constrail1ls limit public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order o(proceedings for puhlic hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespectjid. and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
111
Planning Commission
Speaker Request Form
1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name CUi' if~, IV), C [.d IYl eo 'r
(ptease print) .
Address (no P.O. Box) //)(;'7 f/en'~'f :')ftee-j-
Phone Lf'6",J - ."'- c:.rj _c,'o Emait
Tonight's Meeting Date/..
Regular Meeting
Agenda item number
OR
Topic for public forum (non agenda item) SdiA.. J.~ D l1a<;7e " fkfl
Land Use Public Hearing
For: Against: V
Challenge for Conflict orInterest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not intenupt. You may also provide testimony about the challenge when you testify during the nonnal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires Ihat all city meelings are open 10 Ihe public. Oregon law does not
always require that the public be permilfed to speak. The Ashland Planning Commission generally
inviles the public to speak on agenda items and during public forum annan-agenda ilems unless time
constrainls limit public leslimony. No person has an absolute righl 10 speak or participate in every phase
of a proceeding. Please respect Ihe order of proceedings for public hearings and striclly follow Ihe
directions of the presiding officer. Behavior or aclions which are unreasonably loud or disruptive are
disrespectful, and may constilute disorderly conduct. (jffenders wiil be requested 10 leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
112
Planning Commission
Speaker Req uest Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public stalement.
PhoneHI () J<lU'; -19 Y I
Tonight's Meeting Date 7
'7) t
()p tr'1:Jor
b r,~ I) 0, S+.
Email M { l./ '{. L\.t -hjf n~1 /17 (~ Y Ij ~ I) I)
,.)1
9. .
C:tq
Name-Abr.~~,^,O \f'f'i L't
(please prin!); . I
Address (no P.O. Box) ."'1 L 7
Regular Meeting
Agenda item numher
OR
Topic for puhlic forum (non agenda item)
(.
_)00
~ Land Use Public Hearing
For: (lfIl J I . Q. . , , Against:
he'\-\.U ,II, uf 'vIFA'J -fur ~&h<l\+(J~ 11\ShA& D'j:. ~U I!tIDfIM~~+
v..i!- Challenge for Contlict orInterest or Bias
[fyou are challenging a member (planning commissioner) with a connict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not intemlpt. You may als.o provide testimony about the challenge when you testify during the nonnal
order of proceedings.
Written Comments/Challenge:
OJ) , ()
MIA.
Plifv\
The Public Meelillg Law requires Ihal all city meelillgs are apelllo the public. Oregon law does 1101
always require thallhe public be permilled 10 speak. The Ashland Planning Commission generally
illviles Ihe public 10 speak 011 agellda items alld durillg public forum on 1I0n-agellda ilems anless lime
cOllstrainls limil public lestimollY. No persoll has an absolute righllo speak or parlicipale in every phase
of a proceeding. Please respeclthe order of proceedings for public hearings alld slriclly follaw the
direcliolls of Ihe presidillg officer. Behavior ar acliolls which are ullreasonably loud or disruplive are
disrespectful, and may cOllstilule disorderly cOl1ducl. Ojfellders will be requesled 10 leave Ihe rooll1.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
113
Planning Commission
Speaker Request Form
I) Complete this form and retum it to the Secretary prior to the discussion of the item you wish to
speak about. .
2) Speak to the Planning Commission Irom the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
. Ii /' ./'
Name)(l!e"/ ("'7, Idt"~
. I. / (please print) _' /'" '
Address (no P.O. Box) /1--\ <. .r"Co W;o- ~,+ .
, "
Phone '5'"' S I 7 'ETl! Emait~(f':' (' 'Ii), I, \{1J(e
Tonight's Meeting Date 1] I F/ii-]'f
(;Jt1' ~.Ji),; /, CO ,v,
'. \ .
'-~~
Regular Meeting
,Agenda item number
OR
Topic for public forum (non agenda item)
For:(;5'-'~'" ,'~.(/ (':IOI'~L"I Land Use Public Hearing Against:J)~'H !6fl<Cl \It/~=:~. :. .1,1")~b .
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a contlict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal '
order of proceedings. '.- -' \ ,.'
Written Comments/Challenge: [-,,; ,,! ,', . y.: 1 -.:" <~ "oi _n /1 f /'/ti'i,~ "
" t/
The Public Meeting Lmv requires that all city meetings are open to the public. Oregon law does not
always require that the public be permilted to speuk. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum annan-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in eve,y phase
of a proceeding. Please respect the order of proceedings}or public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested fa leave the room.
Comments and statements by speakers do not represent the opinion of Ihe City Council,
City Officers or employees or the City of Ashland.
114
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) [fyou present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
, \" '\-.., '\t' , '\"
Name \.... ..:\/,,1 ,I '-"_......1, \..k.,..l 1 :)'
(please print)
Address (no P,O. Bo'x) i i (; :;, 7'0-. ,'"
J -f,
i .
"-'j I
/I'T "t,;,...,,,(
Phone
,,""L,l I
'j I ,
," ,I /~,
"'l""!
I J-;
~~;<:-" .' ".',/
n-lj\-[ l"l
. Emai!'
Tonight's Meeting Date
"'7 /,;'1.-1 :':0 ~ I
, .. i ' //.~ I
Agenda item number
_fl\I,-J~~~_ ~i~ula~kl~i~~ (~-'J <=, (,~/..t.?""l
OR Topic for public forum (non agenda item) . \C \Cl
d, . . .-.( ,', ,.,
,'il.-, -"f"" ........ ,,"-.
:, V<..,__ ..... r ..
/11 (I {..,... ,". i
{, \~.(:"::-'-;)C . -,......1--, .l.-/-C./'
J
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testifY during the nornial
order of proceedings.
Written Comments/Challenge:
,
The Public Meeting [tM requires Ihal all cily meetings are open to the public. Oregon law does not
always require thallhe public be permiued 10 speak. The Ashland Planning Commission generally .
in viles Ihe public 10 speak on agenda ilems and during public forum on non-agenda items unless time
constrainls limit public testimony. No person has an absolllle right to speak or participale in every phase
of a proceeding. Please respectlhe order of proceedings ji,r public hearings and slrictly follow the
direClions of Ihe presiding officer. Behavior or aclions which are unreasonably loud or disruptive are
disrespectjid, and may constilute disorderlyconduct. Offenders will be requesled 10 leave Ihe room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
115
Planning Commission
Speaker Request Form
I) Complete this form and retum it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
J) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) (I' you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.'
i;J i/;,,;O::::,1.",(
[" .' . .~ F '-'_~ ~,.; .....J
Address (no p.it::~~ print~l,;:;';:_:<,:'
~.,"~ ./
{~!.:'/-~:()'1.A..:r '}.j /
Name
..//;:;;'j!-.,,).,~~/,:;-:./ :~)
,..'~
'-.; .
. l /~'<j
Phone //'::'('i
.....'t....
Email
,^
......, -''',-
,;.'/:'- ,~:'.,
F':;"",;:1"
-"":'.'''1'
;
-..Ir~.'i.~;' ;:'/?..- ~_),~. ': " .
Tonight's Meeting Date
.~ ''/ .. .,,-
Regular Meeting
.'
[70
-., .,'):'-" '--':' '~~ -'.
., '" (
Agenda item number
(J r',;..I.....,(-:_;..,,',..-;:. . ,
_' .- l/ F' ,.,:.'.~::<.":~:..
OR
,.~ '..-:: ...).::~-;/
Land Use Public Hearing
~/:~
,
';'~
.' h7:I',-~'
,
'/
.!
~ -'/.-",
'7r;;::::..,
L,j. .
For:
Against:
Challenge for Connict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete witl1 supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the nonnal
order of proceedings.
Written Comments/Challenge:
it ,I . ,', 'J
./'/...... '~ ..~~v' ". i.,. ~;-' ','.' i(' _
r~;:;;Y::/,:r2;~.~'r
,":.;;~.l':;:.~,n;~j,-;"
,;' ./i
(,~.~.,.. "
./ ,/,"'-i t..l
.,',... II
.-.
~:' ~-.r:;~ 1'.''''-':: _
... ...... .,.:/'t,,~..) ","
i
"
I
The Puhlic Meeling Law requires thaI alf city II/eelings are open to the public. Oregon law does nol
always require thallhe public be permifled 10 speak. The Ashland Planning Call/mission geueralfy
invites Ihe puhlic to .Ipeak on agenda items and during public forulI/ annan-agenda items unless lime
conslrainls limit public lestim(J//Y. No person has an absolute l'ighllO speak or parlicipate in every phase
of a proceeding. Please respecllhe order of proceedings for public hearings and slrictly follow Ihe
directions {?lthe presiding qj}icer. Behavior or actions which are unreasonably loud or disruptive are
disl'e,lpectjirl. and may conslilule disorderly conducl. Offenders will he reqllested 10 leave Ihe room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
116
Planning Commission
Speaker Request Form
1) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Spcakers are solely responsible for the content of their public statement.
Name7"'~P bf).t.L /1::7
(please prInt) / , l. '. ,
Address (no P.O. Box) ') , < ~ " tJ t) j.) tH11U J-"
Phone ..:::'17 ~ f>r 'if) 'J.l,;( Email .-fh/J../L.T(i!) /l( ;/V/\ ;Ui:::T
Tonight's Meeting Date JUt. J t htrtj
Regular Meeting
Agenda item number
nO, . -/~' ,1,
:r,cu-te- ,.({o...'" di/ /.t
OR TOP\~) for. P~bli~7 (uon ~genda item)
, / ft kilO!> ';75u i"P .
Land Use Public Hearing
For:
Against:
Challenge for Conflict of Iuterest or Bias
If you are challenging a member (planning commissioner) with a contlict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Mee/ing Law requires that all city meetings are apen to the public. Oregon law does no/
always require that the public be permitted to speak. . The Ashland Planning Commission generally
invites the public to speak on agenda items alld during publicforum olllloll-agenda items unless time
cons/raillts limit public testimony. No person has (m absolute right to speak or participate in evelY phase
of a proceeding. Please respect the order of proceedings jar public hearillgs and strictly follow the
directiolls of the presiding officer. Behavior or actiolls which are unreasollably loud or disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
117
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record. .
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name/-!r/!')ilcp !. ((lDr:
(ptease print) . .
Address (00 P.O", Box) .I b 1!I ,[,:'-'Clr/'h.:I'>J
Ij ,
k!'){{,-:'/
Pho~e,,-"II 6e! b .6 <3 (5 ':
Tonighfs Meeting Date "j.Ji'J /!; ....:. ()("}o""j
v'
'J
Regular Meeting
Topic for public forum (non agenda item) GJi) ,1lil,.J( ii'" /.y.,,'). .
Agenda item number
OR
.;
I
)f'/I, ;,'/,.,. o,:,,:.f ~., .'J','.' . -;,/;",:U/J /) (,4':;1.;( j
i."",' :to /ll(
, Land Use Public Hearing /
.' f.
For: Against: 'f"( .I in ,~',';;{7 ,')', ; r
J L."
Challenge for CouOict of Iuterest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or'bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
.
The Public Meeting Law requires that all ciry meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. 'The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony. No person has an absolute' right to speak or participate in every phase
ofa proceeding. Please respect the order of proceedings for public hearings and strictiy follow the
directions of the presiding officer. Behavior or aclions which are unreasonably loud or disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
118
Planning Commission
Speaker Request Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission Irom the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments,to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name ,J i-^ 'iLl" 11)., Vn..:)() 00.
(please print)
Address (no P.O. Box) \ \S '\ 1",._,:':- S\.
Phone '!''-\1-7nQ-Q''I1SEmail
\"\, j(\- ",:\'ll @ <'A..('\\'CO\"'\'
Tonight's Meeting Date I
Regular Meeting
Agenda item number
OR
Topic for public forum (non agenda item)
~\Cc..\.'SC
live '<' GlOwf').
For:
Against:
Challenge for Connict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not intemlpt. You may also provide testimony about the challenge when you testif)> during the normal
order of proceedings.
Written Comments/Challenge:
The Puhlic Meeting Lmv requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the puhlic to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
tif'a proceeding. Please respect the order of proceedings fiJl' puhlic hearings and strictly follow the
directions of the presiding ojjieer. Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may constitute disorderly conduct. Ojfenders will be requested to leave the /'Oom.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
119
Planning Commission
Speaker Request Form
I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name. and address for the record.
4) Limit your conunents to the amount oftime given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written conunentsto the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content oftheir public statement.
. " ,,',' - . .
~~k~'1'C0r
Address (no pl~:~~Print) ...... . gcrO." .. \lid i~ L/ ( r u) ~f f-b'6-! -
Pl1one:::S2..,L!-c,<--et 5' Emsil D..rY\\'('CV' ~'{? ~ ,\ n ~ kftVh'r CCON
. NSDle
. TOlught's Meeting.i>ste .
:l; l t'V-t' P'''-'1. '",--e__ '(-0
R.\ Jes-s 15/-oLu;....)
Agenda Item number OR
Regular Meeting
Topic for public forum (non agenda item)
Land Use PUblic Hearing
For: Against:
Challenge for Conllict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Conunents/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespectfUl. and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do nol represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
120
Planning Commission
Speaker Request Form
1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about. .
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name 'jn m ; jj 1- 0 V C ?)R.oL.(7;lJ'
, (please print) ,'; ,..' ' -,
Address (no P.O. Box) ;010-(-11 tcf'l-/j-1J\
Ph Ii "/?)' () "c.7 (,..---' 1,..)(2...... ",r. / )
one l-f-t;., t--" --' tv , "/:.J .', Email ~I .e:.~t~: ,~~~-. ': ,'y'\.
,
-' )
Tonight's Meeting Date / 0- "()/1 ('" Dei
:J I
"'~-~) h1 / ;;l ~j . J.'~ (?~;-
,~. r
Regular Meeting
.-:~j to ZCJ
c"')/) [,1._ pl-rl (~1: ~~/ f/,/l~) (it t-L
,t,
Agenda item number ' OR TopiC for public forum (non agenda item)
i)/L:;',-'";' I~,r., ~ /)., .- i. 1 /{/') -~. ~'l.;> '.,.-. I'
r (L"I':;~ I?""'-"-''SrL/ l-vt"-/, fl).}.'lC' I~C~ "v-/V,--__I,) --:)/-;";C.-{'\I~\..
! - -.-" .- -' - ,.
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not ilitermpt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeling Law requires Ihal all city meelings ore open 10 Ihe public. Oregon law does nol
always require Ihat the public be permitted 10 speak. The Ashland Planning Commission generally
inviles Ihe public to speak on agenda items and during public forum on non-agenda ilems unless lime
constrainls limil public testimony. No person has on absolute righllo speak 01' participate in every phase
(if a proceeding. Please re;pect the order (if proceedings for public hearings and slrictly follow Ihe
directions of the presiding officer. Behavior or actions which are unreasonably loud 01' disruptive are
disrespectfid. and may conslilute disorderly conduct. Offenders will be requested 10 leave Ihe room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Omcers or employees or the City of Ashland.
121
Planning Commission
Speaker Request Form
1) Complete this lorm and return it to the SecretaI)' prior to the discussion of the item you wish to
speak about. .
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary lor the record.
6) You may give wriuen comments to the SecretaI)' for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.-.
(-"
Name '7
(p se print)
Address (no P.O. Box) Il '5 L,
Phon~C;l(/ ).57(- JC/( d Email
Tonight's Meeting Date
'ie> j,J 0- S{. tkh \ CA ()). 'OY
I .
'{AM tW1oVl5e@<;.tv,~.(?{\\o:;:, ,,>'61J, 8dU
. G
Regular Meeting
Agenda item number OR Topic for public forum (non agenda item)
ea.l).e-l"'(i.:i./V\s4v WI/I" [V..e..r:S
and Use Public
1\ ,
For:
Against:
Challenge for Con Diet of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this fonn and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permilled to speak. The Ashland Planning Commission generally
invites the public 10 speak on agenda items and during public forum on non-agenda items unless lime
constraints limit public testimony. No person has an absolute right ta speak or participate in every phase
ofa proceeding. Please respect the order of proceedings for public hearings and strict!y follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disrespectful, and may constitU/e disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
122
Planning Commission
Speaker Request Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
'speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name 4=-12JPJ.\\C-E:SD UN \-\,6.;)\/\
(please print) 1" . I . fj :c., '\. '. I \
Address (no P.O. Box) t'),,: I n'1:__i.\i ;rjr:\
Phone
Email
Tonight's Meeting Date
Regular Meeting
Topic 'for public forum (non agenda item) 5,0 L)
Agenda item number
OR
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the ..yritten challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Lmv requires that all city meetings are open 10 Ihe public. Oregon law does nol
always require that the public be permitted to speak. The Ashland Planning Commission generalZv
invites the public to speak on agenda ilems and during public forum annan-agenda items unless lime
comlraillls limit public testimony. No person has an absolute right to speak or participale in every phase
of a proceeding. Please respect the order olproceedings fur public hearings and strictly follow Ihe
directiollS of the presiding officer. Behaviur or actions which are unreasonably loud or disruptive are
dfsrespectjili, and may constitute disorderly conduct. Offenders will be requesled to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
123
Planning Commission
Speaker Request Form
I) Complete this fonn and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name~Lll;i\.-t 'FETE,~S-O-Y1
. . (please print), ] 'r7~C ;, {j .\
Add~ess (no P.O. Box) P,\,j t:>~ ~-C-'
, .......... ' .
Phone
Emait
. .
.
Tonight's Meeting Date
Regular Meeting
Topic for public forum (non agenda item) ,$OL)
Agenda item number
OR
Land Use Public Hearing
For:
Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the nonnal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Lmv requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum annan-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are
disre;pectful, and may constitute disorderly conduct. Offenders will be requested to lem'e the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
124
Note: Anyone wishing to speak at any Plannin9 Commission meeting Is encouraged to do so. If you wish to speak,
please rise and, after you have been recognized by the Chair, olve vour name and comolete address for the record.
You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and nonnally is
not allowed after the Public Hearing Is closed.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
JULY 14, 2009
AGENDA
I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II. ANNOUNCEMENTS
III. CONSENT AGENDA
A. Approval of Minutes
1. May 12, 2009 Planning Commission Minutes
2. May 26, 2009 Study Session Minutes
3. June 23, 2009 Study Session Minutes
IV. PUBLIC FORUM
V. TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2009.00551.
SUBJECT PROPERTY: 426 A Street
APPLICANT: Louis Plummer & Sidney Brown
DESCRIPTION: A request for Site Review approval to construct a 3,992 square foot two-story mixed
use building for the property located at 426 A Street. Also included are requests for a Mixed Use
Parking Credit, a Variance to the parking requirements, an Exception to Street Standards, and a Tree
Removal Permit to remove five trees.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 39
1 E 09 AB; TAX LOT: 6507
VI. TYPE III PUBLIC HEARINGS
A. PLANNING ACTIONS: #2009-00817..
APPLICANT: Southern Oregon University ..
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan
2010-2020 as part of the CIty's Comprehensive Plan. (This plan replaces the previously approved
2000-2010 Campus Master Plan.)
COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: S-O
(
VII. OTHER BUSINESS
A. Election of Officers
VIII. ADJOURNMENT
CITY OF
ASHLAND
r.l'
In compliance with the Americans with Disabilities Act, if you need special assistance to participate In this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone;s 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meetln9 (28 CFR 35.102-35.104
ADA Title 1 \.
125
ASHLAND PLANNING DIVISION
STAFF REPORT
July 14, 2008
PLANNING ACTION: 2009-00817
APPLICANT: Southern Oregon University
LOCATION: SOU Campus Boundary
ZONE DESIGNATION: SOU - Southern Oregon University
COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University
ORDINANCE REFERENCE:
18.64 Southern Oregon University
STATEWIDE PLANNING GOALS:
Goal 2 - Land Use Planning
OREGON REVISED STATUTES (ORS)
Chapter 197 - Comprehensive Land Use Planning
Coordination
OREGON ADMINISTRATIVE RULE (OAR):
660-030 Review and Approval of State Agency
Coordination Programs
REQUEST: Adoption of the Update of the Master Plan for Southern Oregon University: 2010-
2020
I. Relevant Facts
A. Background . History of Application
Oregon Statewide Planning Goal 2 - Land Use Planning, as well as chapter 197 ofthe
Oregon Revised Statutes requires that the planning activities of Southern Oregon
University be coordinated with the City of Ashland to ensure compatibility with the
City's Comprehensive Plan and local land use ordinances.
In February of 2000, the Ashland City Council adopted the "Southern Oregon University
Campus Master Plan - 2000-20 I 0" as prepared by Southern Oregon University with
amendments by the City of Ashland.
In August 1990, the Ashland City Council adopted the "Southern 2000 Campus Master
Plan:' as prepared by Southern Oregon State College with amendments by the City of
Ashland.
Planning Action 2009.()0817
Applicant: Southern Oregon University
Ashland Planning Division - Staff Report
Page 10t8
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B. Detailed Description of the Site and Proposal
The plan's Executive Summary notes that the updated Master Plan has been prepared to
guide the Southern Oregon University campus over the next decade (2010 - 2020).
Student enrollment is projected to increase over this period from 5,082 to 6,000. The plim
prioritizes projects within several distinct campus areas, which includes expansion and
renovation projects for the Theater Arts and Science buildings, as well as deferred
maintenance projects for five key facilities.
The plan proposes a key shift in the structure of the campus through the relocation of
existing housing and a significant increase in future student housing within north campus
areas. New housing will be designed and constructed to contemporary standards on the
university lands north of Siskiyou Boulevard and Ashland Street. By transitioning
housing to the north campus area, existing locations currently dedicated to housing, such
as the Cascade Complex, can be identified for the long range growth of the academic core
of the campus.
The Master Plan update includes an evaluation of the overall structure ofthe campus,
providing descriptions for proposed and recommended projects that the University would
likely undertake over the next ten year cycle. Future projects are grouped into several
distinct categories, including Open Space, Buildings (Academic and Housing), Athletics,
Other Campus-Related Development and Circulation. The plan also includes design
guidelines for future development, for both buildings' and open spaces, which would be in
addition to as well as complement existing City of Ashland site design standards. Lastly,
the Master Plan update provides a framework for sustainable planning, describing the
University's commitment to set goals to reduce greenhouse gas emissions and other
environmental impacts as well as specifying strategies that outline specific actions.
. II. Proiect ImDact
The campus boundary encompasses approximately 1M-acres that is roughly split north
and south of Siskiyou Boulevard. The Master Plan update does not propose an expansion
of the existing Southern Oregon University campus boundary and its corresponding City
of Ashland SO zoning designation.
Overall, staff is excited about the changes being proposed over the next 10-years and is in
agreement with the majority of elements of the Plan. A representative from the
Community Development Department was invited to participate in the update of the
Master Plan and was included in the Steering Group. As with most comprehensive
planning efforts, however, there are several areas and issues covered by the Plan
document where staff believes additional clarification of the city's position is needed and
has recommended some modifications. Provided below is an overview of key aspects of
the Master Plan where additional coordination with local land use policies is
recommended through suggested conditions of approval. These are organized in sequence
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Planning Action 2009<)0817
Applicant: Southern Oregon University
Ashland Planning Division - Staff Report
Page 2018
127
with the proposed projects identified in several sub-sections of the report, which starts on
page 29 with a discussion of the Framework Plan and Campus Structure.
Academic Buildings - Renovations and Expansions (page 34)
Two buildings are identified as in need of significant renovation and expansion over the
planning period. An expansion of the Theater Arts complex was identified in the SOU
2000-2010 Plan update and is considered a top priority project. The Science building
. cluster is also identified for significant reinvestment and expansion.
Figure 12, shown on page 36, identifies structures slated for removal or relocation. The
University owns approximately 30 single family homes that are located within the
campus boundary. Several of these structures may be removed in order to accommodate
new uses. The Plan states that existing structures will be relocated to new sites, except
when structurally unsound. If relocation is not feasible, structures will be dismantled to
recover materials or for recycling potential. Sustainable Guidelines accompanying the
Plan require that recyclable material collection facilities be available for new construction
and renovations projects. It should be noted that building demolition and/or removal is
subject to the City's Demolition and Relocation Standards.
Staff has suggested that the following condition be adopted as part of the Plan approval
process:
. Demolition and Relocation of Existing Campus Housing
That in addition to the requirements set forth in the Campus Master Plan for
construction waste reduction and on-site recycling collection facilities, proposals
involving the demolition or relocation of existing campus structures shall comply
with the provisions AMC 15.04.
Housing and Student Life (page 37)
The Master Plan Update proposes major changes in the physical structure of the campus
with respect to the location of student and faculty housing. Currently, the University
houses approximately 25% of its students in campus housing, with almost 700 residents
residing in the Cascade Complex (corner of Indiana and Oregon). The University's goal
is to replace the quantity of beds in Cascade Complex, with the long term ambition of
land banking the area for the growth of the academic core.
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As noted earlier in the staff report, the University is proposing a significant shift in the
location of housing on the campus, with an overall strategy of accommodating up to 2000
students in campus housing and developing the majority of new housing on lands north of
Siskiyou Boulevard and Ashland Street. This long term direction with respect to the
location of future housing raises concerns about pedestrian safety, due to the projected,
considerable increase in the number of students expected to cross the two highways. The
Planning Action 2009-00817
Applicant: Southern Oregon University
Ashland Planning Division - Staff Report
Page 3018
128
potential impacts of these projects on the local transportation system also must be
carefully evaluated, with needed improvements to the system planned for well in advance.
Lastly, potentially large mixed-use buildings afe proposed at prominent locations along
one of the community's most visible transportation corridors. The design of these
developments should be consistent with local design standards related to site planning
and building design.
Staff has suggested that the following conditions be adopted as part of the Plan approval
process:
Student Housing:
. Pedestrian Safety Plan
Prior to submission of a planning application for the development of new student
housing north of Ashland Street and Siskiyou Boulevard, the University will work
with the City, Oregon Department of Transportation and other stakeholders in
developing a specific plan for implementation that addresses pedestrian safety
issues. The Plan may include but not be limited to improved crossings with
enhanced pavement design and on-going monitoring of pedestrian flow and safety
issues. Design strategies shall be coordinated and prepared based upon input from
both a traffic engineer and urban design professional.
. Transportation Impact Analysis and Access Management
That all future housing projects proposed within the north campus area shall be
subject to a transportation impact analysis and access management standards as .
described in the City of Ashland Transp<>rtation System Plan (TSP). The final
scope of this requirement will be evaluated at the pre-application meeting
preceding the land use application for Site Design Review approval.
. Building Design .
In addition to the mandatory'Design Guidelines described in the Master Plan
update, the area designated for new development adjacent to Ashland Street, east
of Walker Avenue, and along Walker Avenue, south of Webster Sireet, shall be
subject to Ashland's approval standards for development within the Detail Site
Review Zone (II-C-2), including those additional standards for Large Scale
Projects (II-C-3).
Faculty Village Housing
Faculty Village Housing is proposed for sites where the campus borders existing,
established residential neighborhoods. Consequently, issues of neighborhood context
and building design with respect to existing neighborhood pattern and character are
important to nearby residents. In staff s opinion, the Design Guidelines provided in
the Plan do not sufficiently take into account the full spectrum of issues related to
Planning Action 2009-00817
Applicant Southern Oregon University
Ashland Planning Division - Staff Report
Page 4 of 8
129
infill projects adjacent to existing neighborhoods. The Master Plan states that building
heights adjacent to existing residential neighborhoods will typically be lower in order
to make an appropriate transition to the surrounding context. While consideration has
be given to building height, the 35,000 square foot maximum footprint for residential
buildings is likely inappropriate for some of these infill sites at the edge of campus. In
addition to the following recommendations, staff would suggest that the University
consider changes and additions to the proposed Design Guidelines, which clearly
address specific elements of neighborhood character including but not limited to bulk,
scale, building footprint size and building articulation.
Staff has suggested that the following conditions be adopted as part of the Plan
approval process:
. Conditional Use Permit Approval
Faculty Village Housing proposed along Ashland @ Mountain and Henry Street is
approximately 50-feet from privately-owned property and therefore shall be
subject to approval of a Conditional Use Permit.
. Building Size and Design
;'"
Design Guidelines in the Plan shall be amended to make it clear that the current
maximum length and footprint standards for residential buildings shall not apply
to Faculty Village Housing proposed along Ashland Street (across from Glenwood
Park) and Henry Street. Infill strategies and/or design guidelines for Faculty
Village Housing shall be amended to include specific design standards related to
building scale, bulk, footprint, coverage and articulation that are sensitive to
existing neighborhood character, while still recognizing the need to accommodate
faculty housing at locations and densities that create short walking distances to
campus and encourage the use of alternate modes of transportation.
Circulation (page 44)
The draft Master Plan states that a combination of circulation and open space
improvements to the campus structure are intended to support Plan goals through
promoting a strong "sense of place" for the campus. A variety of circulation changes are
proposed that involve the existing University Way and adjacent service roads, while
improving pedestrian movements and way finding through campus. While staff is
generally supportive of the proposed changes, it is imperative that the plan concepts are
appropriately reviewed and approved by City staff to ensure that emergency access to
campus facilities is not impeded and that potential impacts to the local transportation
system are evaluated and mitigated.
Eastern Gatewav
Planning Action 2009-00817
Applicant: Southem Oregon University
Ashland Plannin9 Division - Staff Report
Page 50f8
130
The intersections at Siskiyou! Ashland and Siskiyou!Indiana/Wightman are critical
crossing points for pedestrian traveling between north and south campus areas.
Potential improvements to this eastern gateway were discussed during the planning
process and several suggested changes are described in the Plan. As noted above, staff
would like to reiterate the need to comprehensively evaluate potential impacts with all
concerned parties in advance of any changes.
Staff has suggested that the following conditions be adopted as part of the Plan
approval process:
. Transportation hnpact Analysis and Access Management Strategy
Modifications to the University's Eastern Gateway area shall be subject to a
transportation impact analysis and access management standards as described in
the City of Ashland Transportation System Plan (TSP). The final scope of
specifications for preparation of a transportation impact analysis shall be
coordinated through Ashland Public Works Department.
. Pedestrian Safety Plan
Concurrently with the transportation impact analysis and access management
strategy, the University will work with the City, Oregon Department of
Transportation and other stakeholders in developing a specific plan for
implementation that addresses pedestrian safety issues. Design strategies shall be
prepared based upon input from both a traffic engineer and urban design
professional.
Changes to Campus Circulation SYStem
The City of Ashland Fire Department has evaluated the proposed Master Plan update
and would like to make sure that any changes to the existing circulation system do not
compromise their ability to service the campus.
Staffhas suggested that the following conditions be adopted as part of the Plan
approval process:
. Emergency Vehicle Access
Prior to any changes to the campus circulation system including vehicular and
pedestrian access ways, a site plan shall provided to and approved by Ashland Fire &
Rescue which demonstrates that that the proposed modifications are in copmliance
with the emergency access provisions of the Oregon Fire Code.
Parking
University campus parking is provided by numerous off-street parking lots of various
sizes dispersed throughout the campus. A complete inventory of campus parking
Planning Action 200Q.{)OB17
Applicant: Southern Oregon University
Ashland Planning Di~sion - Staff Report
Page 60lB
131
\
facilities, as well as total space count, has been detailed in Table 2 found on page 23
of the draft document. Currently, there are approximately 100 more parking spaces
located within the campus than required through a strict application of the City's off-
street parking requirements.
Given that the update proposes a significant increase in the number of students
housed on campus, the draft Plan recommends that parking standards inline with a
more residential campus be developed. The City's current policies support the Plan's
goal t(j reduce the potential for over-provision of parking.
Staff suggests that the following conditions be adopted as part of the Plan approval
process:
.'. Parking Requirements for On-Campus Student Housing
Prior to submission of a planning application for campus housing, the University shall
development, through collaboration with city staff, specific parking standards for on-
campus housing. The standard is intended to reduce an over provision of off-street
parking and stress the use of altemate modes of transportation, by maximizing the
efficiency of established and future campus parking facilities through consideration of
the following strategies:
.
The University's development and implementation of Transportation Demand
Management strategies listed in the Master Plan;
Review of contemporary research and professional publications evaluating
parking generation;
Analysis of shared parking scenarios; and
Review of potential impacts to neighborhood on-street parking supply
.
.
.
. Transportation Demand Management (TDM) strategies
. That a list of potential Transportation Demand Management strategies accompanied
by a time line for implementation be developed and submitted in conjunction with
campus housing applications.
III. Procedural - Reauired Burden of Proof
18.108.170 Legislative amendments
A. It may be necessary from time to time to amend the text of the Land Use
Ordinance or make other legislative amendments in order to conform with the
comprehensive plan or to meet other changes in circumstances and conditions. A
legislative amendment is a legislative act solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or
Planning Action 20Q9-{)0817
Applicant: Southern Oregon University
Ashland Planning Division - Staff Report
Page 7018
132
by application of a property owner or resident of the City. The Commission shall
conduct a public hearing on the proposed amendment at its earliest practicable
meeting after it is submitted, and within thirty days after the hearing, recommend
to the Council, approval, disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with
the Planning Department thirty days prio~ t6 the Commission meeting at which the
proposal is to be first considered. The application shall be accompanied by the
required fee. .
D. Before taking final action on a proposed amendment, the Commission shall
hold a public hearing. After receipt of the report on the amendment from the
Commission, the Council shall hold a public hearing on the amendment. Notice of
time and place of the public hearings and a brief description of the proposed
amendment shall be given notice in a newspaper of general circulation in the City
not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall
be considered by the Commission within the twelve month period immediately
following a previous denial of such request, except the Commission may permit a
new application if, in the opinion of the Commission, new evidence or a change of
circumstances warrant it.
IV. Conclusions and Recommendations
Ashland is fortunate to have Southern Oregon University within the community. The
university adds to the community's diversity, the richness of our culture, and strengthens
the local economy.
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The master planning efforts of the university ensure that it will remain a strong and viable
institution within the Oregon University System, as well as make certain that it
recognizes the values and concerns of the Ashland Community.
Staff endorses approval of the Master Plan update with the suggested conditions noted in
the staff report.
Planning Action 2009-O0817
Applicant Southern Or8gon University
Ashland Planning Division - Staff Report
Page 80f8
133
Page I of2
EECEIVED
April Lucas - Fwd: AshStCondoResistFlyer-f1at copy
J'tjL 1 1\ ZUU:!
From:
To:
Date:
Subject:
Melanie Mindlin <sassetta@mind.net>
April Lucas <lucasa@ashIand.or.us>
7/14/20092:25 PM
Fwd: AshStCondoResistFlyer-flat copy
City of Ashland
Community Development
Hi April,
I received this e-mail on the date shown. Iexpectedtoseeitinthepacket,aslassumed it had been given
to Planning Department. Since it's not in the packet, and I will need to declare it as an ex-parte, do you
think you should make copies and distribute them tonight?
Melanie
~
Begin forwarded message:
From: Rivers Brown <SouITec(Q)mind net>
Date: June 23,200912:43:27 PM PDT
To: Uabroadcast+owner@goooleorouos com
Subject: AshStCondoResistFlyer-f1at copy
I do think reading about it, talking about it and "floating" the idea around are worthwhile, but
we are about to take a big step backwards in "transitioning" with the current SOU 2020 Master
Plan.
The Plan is also still a threat to the community garden.
Rivers
file://C:\Documents and Settings\lucasa\Local Settin1g1tremp\XPgrpwise\4A5C9565AshD... 7/15/2009
Page 2 of2
".'
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'IJ\Mhln tile SOU 2020 MDstor Plan (updato-d) I www,sou.odUlmas1of.planlJ it> n proposod ilning 01 Ashlnnd Slfeet
with three B.tory (Iocld, pk~. tJ/mo-n Condos ~6 pan of.o ~Facully Viltago" complo)( conSlrlJclod [I!l{I monoqod by
privllto dowlop{lrl61. Till!' "lnc.::uHy IIllusln9 COliC-ept" Is Cor'llrulfnlsl<d 8tH' lJllluo\ttJn: CIt'.Ulte.s mora irHiulflltKlr)oS'9lll
<'llllll({!nd~,' if)ijUlolPrd irll,hlutlOIl, "AI>f)ff:lc:la1mn." demMd lInd ptoljl tor Ihls mrldel cmmol be guaftlnlafld. Bettflr hou:lu'[I
s.chomes llvnllablEl A 100r flurpo,iOf local~n on North Cnmpus axisls, ltuwlng "uppe( campus Irea 10' fuluro needs.
ThO neighborhood 5unoullIJlng and near Glenwood Park, includillg UlH Pmk ilsnll. will face 10198 01 mountDln vlows
with the oversizcd r.;cnlo 01 thesc StruCIUlO5 and, also. n chnnge In tho chorDcler ollhi!:l special Hllle pa,t 01 "olde'~
Ashland with the ballooning populollon Bssocialed wilh the oomplex, Ule a5 we know 11 in Gle-nwood Park will he over.
The C\IIfAIll plAIl sl~-o\yS 0 6e\/t;JfG cro'.\'di/l9 01 Beach Creek .and Its riparian ZOlle, al-ong with r!;lnloysl 01 historic house
and large trees Ulere. Current we-II used pedeslrian alleyway 10 be abandoned and 3.story Condos built along Ashland
Sheet stretching up 10 MounlRin Ave. Private ,esidence in mkll:lle 01 project could also become condos, The shown
Condos CUD much undorscalod in illustrntion llnd parking access not shown, possibty schodulcd in through "wetlands.'
City Zoning Ordinances may have 10 allow exceptions 10 accotTIodt'lle clashing archltechlufe, populalion
density. lighting, parking, and lrafflc changes .or this neighborhood. This SOU Master Plan will have a
pUblic hearing before City Planning Commission on July 14th @ 7 pm. (Bastille Day I ) and 01110
City Ci1uncil (lentiltiveJy) scheduled lor August 18th @ 7 pm. Show up or email your council/commission!
Conlact: Rivers Brown @ 482.6565 (or) OneEarth@mlnd.net for further info. and "working group"
updates. Your Invo:>lvemenl and feedback is appreciated. Please register your resistance: Michael Dawkins.
PC Chair - michaeltdawkins@yahoo.oom I Eric Navickas, CC Liaison - eric@council.ashland.or.us
John Stromberg, Mayor. john@counciJ.ashland,or,us I Bill Molnar. Staff Liaison. molnarb@ashtand.or.us
AshStCondoResistFlyer-flat copy
file://C:\Documents and Setting~\lucasa\Local SettnigJ\Temp\xPgrpwise\4A5C9565AshD... 7/15/2009
.
1 (7/15/:1009) April_~ucas_ - [Comment_to. "-q_Council]Proposed Revlsed.Master Pla~. SOU
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page 1 'I
RECEiVED
From:
To:
Date:
Subject:
"Pam Vavra" <pam@nv.net>
<commenUo_the_council@list.ashland.or.us>
7/14/20092:58 PM
[CommenUo_the_councll] Proposed Revised Master Plan for SOU
JUL 1 4 2009
City of Ashland
CommUllity Development
Dear Mayor and Councilors,
I serve with 3 others from Peace House and South Mountain Friends Meeting to collectively manage and
oversee the interest that those two groups share as owners in common of the property located at 543 S
Mountain Av., on the corner of S. Mountain Av. and Ashland St.
I believe this property will be impacted by the proposed SOU Revised Master Plan that includes
construction of a major housing project on Ashland Street between Mountain Av and Beach St.
We received Notice of the July 14 Planning Commission Hearing and tonight's Council meeting Hearing
during the week of July 4th.
Between then and now, owing to having received less than 30 days notice and in part to summertime
vacation.schedules, the proper parties have not yet had an opportunity to review the proposed Plan in
sufficient detail to provide thoughtfully considered comment.
Consequently, I respectfully request that you make no decision to accept this Plan tonight. I also formally
request to receive notification of any decision that either you or the Planning Commission do make in
regards to this application. Thank you.
Respectfully yours,
.,. "j
Pamela C. Vavra
457 C St.
Ashland, OR 97520
Please send notice to:
Peace House & SMFM Joint Committee
P.O. Box 524
543 S. Mountain Av
Ashland, OR 97520 .
CommenUo_the_council mailing list
CommenUo':'the_council@list.ashland.or.us
http://list.ashland.or.us/mallman/listinfo/com menUo _the_council
136
I (7/15/2009) AprilllJcas ~ [Commenlto. ''''3_co~ncil] Comrnen\o~ ~OU Master Plan . date
Page 11
RECEiVED
From:
To:
Date:
Subject:
Attachments:
steve ryan <resolutionvideo@yahoo.com>
<commenCto_the_council@list.ashland.or.us>
7/14/20093:47 PM
[CommenUo_the_council] Comment on SOU Master Plan Update
Part.002
jUL 1 4 2009
City of Afihlond
Community DeOJelopment
Respected Councillors and Planning Commissioners, .
I reserve comment on the actual 2020 SERA Master Plan specifics because I have not yet heard both
sides' goals and arguments. But the amount of controversy apparent on this listserv, in public discussion,
public em ails etc., indicates Planning Commission should use the most discretion and caution before
approving this planning action, and instead reserve all available public options for review and approval
before sending this to Council. Council should do the same.
This planning action will have significant impact on the residents and the users of public and private
facilities in this area. The proposed action is controversial enough to warrant protecting the public interest
by not releasing oversight, but retaining all opportunities to modify, restrict, direct or oversee what belongs
to the public in the first place. The risk to the public interest outweighs any inconvenience SOU may
. experience in moving forward with the preferred development option, and may deliver a goodwill dividend
by including stakeholders, your constituents, in the final outcome.
Respectfully, Stephen D. Ryan
137
1(7/1~/2009}AprilLu<:as~ [C<mirnent to; "'l council] sou Master Plan-
.unn ~Page11
RECEIVED
From:
To:
Date:
Subject:
Attachments:
"SULA Technologies" <sula@mind.net>
<commenUo_the_council@list.ashland.or.us>
7/14/20095:46 PM
[CommenUo_the_council] SOU Master Plan
Part.002
JUL 1 4 2009
City of Agt',!Gnd
Community Oaveioprnont
ATTN: Ashland Planning Commission:
Only recently has the Ashland public become aware of the ambitious and far reaching SOU Master Plan.
Yet already that proposal has become the subject of considerable controversy involving SOU neighbors,
students and other users of the area surrounding the University. Tonight you will be asked to approve
this massive project. Please treat the subject with reserve and caution until you have had adequate time
to seriously consider the objections and reviews by Ashland residents.
Thank you for taking time to read this request.
Darwin Thusius
Ashland Resident & Business Owner
138
From:
To:
Date:
Subject:
RHopkins <tourfst@mlnd.net>
michael dawklns <mlchaeltdawklns@yahoo.com>
7/14120092:20:14 PM
Comments on the SERA Master Plan for SOU
FiC:CE1VED
JUL 1 4 2009
To the Ashland Planning Commission,
CUy of ,"s!l~i1nd
Community Devdoprnent
Please consider these comments on the SERA Master Plan for SOU that
you are being called upon to adopt tonight.
\
Whatever is contained In an adopted Plan probably becomes an outright
permitted use under lt1e Municipal Code. SOU would thereafter not be
required to seek a conditional use permit for such development.
This would dramatlcaDy reduce the power by the CIty's planning
staff, planning commission and the town Itself to control what
happens with future development at SOU, Including that which impacts
surrounding neighborhoods and businesses.
Granting a conditional use permit allows staff and the PC to balance
adverse material effect on livability of the Impact area, taking Into
consideration all the real world impacts outlined In 18.104.050
(similarity of bulk, scale and coverage, generation of traffic on
. surrounding streets, architectural compatibility, air quality,
generation of noise, light and glare, etc).
With a conditional use permit, all these factors can be weighed,
everybody In the community can express their opinions and staff and
the PC can use their expertise and desire to benefit the town of
Ashland. Much broader approval criteria than with a mere site design
review.
A better outcome for everybody (Including SOU) with these large
developments will be more likely than If we simply outsource things
to eyes on a computer screen hundreds of miles away.
While 18.64 050 would stili apply the conditional use permit
requirement and approval criteria for development within 50 feet of
privately owned property, this exception Is at least partially
lIiusory. By the time 0"8 adds up the width of streets and associated
public rights of way, many properties just across the street from
SOU's extensive boundaries will fall outside the protected zone.
Simply setting the development 'back' a few feet would also craft a
further escape valve from the 50 foot exception. City owned lands
like public parks would also not trigger the exception.
An example of the desirability of Ashland maintaining greater
community control appears In the SERA Master Plan's treatment of
pedestrian safety on Siskiyou.
We've seen a recent tragedy on that street and have been forced to
Invest much time, effort and expense In making the best of a 'not
best' situation regarding the conflict between trafflc and people
trying to walk or bike to and from SOU. The work Is on going even now.
Yet part of the Master Plan envisions a transfer of 'uses' and the
139
student population north of Siskiyou.
How can this not dramatically Increase the trafflc va. pedestrian
conflIcts on Siskiyou?
Paying lip service to this reality, the Master Plan refers to
. 'several potential Improvements' to the gateway area of Siskiyou!
Ashlandllndlana Streats. Page 46 of the Plan recommends that 'Option
1 be pursued.' Option 1 basically Involves use of pavements and the
like to create a 'pedestrIan zone' citing Eugene as an example.
The current version of the SERA Master Plan states that this
'Interventlcn' Is relatively Inexpensive. See page 46.
The Immediately prior version of the SERA Master Plan, however, added
one other factor regarding the now recommended Option 1 - a sentence
stating '(t)he drawback of this option Is that It does not
substantially Improve pedestrian safety when compared to other
Interventions.' See page 44 of that verslcn.
The sentenca was excised from the f1nai Masler Plan. To make the Plan
more palatable, the confession regarding safety was removed, while
the enticement of Inexpensiveness ramalns.
Many of the projects Inside the Master Plan may well be very
desirable and beneficial. But they wlll ba better executed for
everybody If the CIty's planning staff, Planning Commission and lhe
town at large maintains a greater ability to Influence such Impaclful
developments.
As It la, the SERA Master Plan Is all but flying below the public
radar. It has baen scheduled for approval In the middle of the
summer, when the students (who clearly have Interests here) are gcne
and people are distracted by vacations and summer activities. They've
already scheduled a Council vote to approve before the Planning
CommissIon has even had Its say In the matter.
So I hope the PC and Council wllltake a long, slow careful look at
the Master Plan. Otherwise, I fear we wlll realize one day that we've
Irrevocably 'prlvatlzed' and 'outsourced' whatshculd ba community
decision making over a crlUcal part of Ashland to our great detriment.
thanks for reading
Randall Hopkins,
an Ashland cltlzen.
co The Mayor, City Council, Bill Molnar
cc: Tom Dlmltre <dlmltre@mlnd.net>, Pam Marsh <pam.marsh@gmall.com>,
<hmlller@Jeffnat.org>, Melanie Mindlin <sasselta@mlnd.nat>. Bill Molnar <molnarb@ashland.or.us>.
Michael MorrIs <msquared@mlnd.nat>, ErIc Navickas <erlcnavlckas@hotmall.com>
140
RECEIVED
JUl 1 4 2009
>>> Craig Grossmann <cQ482@hotmail.com>07/13/09 5:50 PM >>>
City of Ashland
Community Development
This letter is to register my resistance to the section of the SOU Master plan that deals
with the Faculty Village between Ashland and Henry Street; I will be out of town on the
on the 14th and unable to attend the public hearing with the planning commission. I was
truly surprised and distressed when I heard of the section of the university's plan that
involved building faculty condominiums in the Glenwood Park area. Such development
appears totally incongruent with the present setting of single family residences around a
small city park._The purposed development would overwhelm what is already there,
doing irrevocable damage and taking far more from the community than what the
university actually owns. To the best of my knowledge the plans have been developed
without any real input from the local community. I live only a block and a half away and
had not known anything about it until recently, and not from the university. I would
strongly request that this part of the proposal be denied as there are other more
workable solutions that could be implemented. It is my understanding that the
Community Garden and Glenwood park neighborhood "working groups" have come up
with a plan that demonstrates there are other alternatives that are possibly more viable.
This seems to be a much needed start for the university and community working
together. Sincerely, Craig Grossmann, 880 Ashland SI., Ashland, OR
.
141
RECEIVED
....'.'
>>> "Ed/Linda" <canbas(a)charter.net> 07/12/09 12:40 PM >>>
JUL 1 3 2IlO9
. Dear Bill,
City of Ashland
Thank you for taking the time to open my e-mail. The SOU Master plan h~1Jt>PEf?\lI~[l1enl
to impact my family in two locations. My Mother owns property in the Glenwood Park
neighborhood and I own property on middle Wightman between the RR tracks and East
Main.
Our family disapproves of the proposed Condominium development proposed for the
Glenwood Park area. The area is beautiful.
I support the development of the lower Campus to include a Condominium development.
When I purchased my home on Wightman I knew that the expansion of SOU in my
neighborhood was likely. I purchased my home with the full knowledge development
was likely.
The City has been working very hard to develop low income housing and integrate the
housing into the Community. I believe it is the City's job, not the University's job to meet
the needs of our diverse population.
Sincerely,
Linda Cannon
.
142
COVER SHEET
FOR
COMMUNITY GARDEN & GLENWOOD PARK
NEIGHBORHOOD "WORKING GROUPS"
PROPOSAL TO IMPROVE
THE
SOU 2020 MASTER PLAN
SUBMITTED BY
RIVERS BROWN
1067 ASHLAND STREET
ASHLAND, OREGON
RECEiVED
JUL - 8 2009
City of ftsh!clnd
COmmur.ity Deveiopment
143
Community Garden & Glenwood Park
'. Neighborhood "working groups"
Proposal to Improve the SOU Master Plan:
1. Direct SOU to move "Faculty Village" from Ashland/Henry Streets area
to its most suitable location on North Campus where its architectural scale
and population density does not clash with neighborhood, but fits in and
compliments it. *
2. Direct SOU to explore the "Garden and Neighborhood" "Preferred
Alternative" of "Sustainability Village" which is already structurally in
place on West Campus and design such into Master Plan. *
This would eliminate opposition to University intrusion into neighborhood,
large student opposition, and create a far reaching and lucrative academic,
housing, and outreach option for the University. It would also be the
correct "interface" with the surrounding community there.
3. Student Housing - Cascade Complex - remove and relocate dining
services to space below Cascade, (west of Cox, and above Health Center).
Renovate Cascade Complex for student housing, one wing at a time.
The massive student transfer to below Siskiyou Blvd, and all the traffic
congestion and safety issues it would bring is close to unbelievable,
especially given the existing difficulties and recent tragedy on Siskiyou.
4. Abandon major landscape and open space overhauls in Campus Core,
The current landscape pattern in campus core is fine for students to
congregate in and for "first time visitors" finding their way. To cut back all
the wonderful trees and install a tight grid plaza would not be an
enhancement, only a regimentation. Students are already using these areas
just fine, and a little signage will help visitors.
Do a creative project like a "daylighted" and flowing Roca Creek down along
central path to pool near plaza, where it exits and goes back underground
just above the boulevard. Something like this would preserve and enhance
the fine "woodlands and meadows" theme there now and would definitely be
a "show stopper" for new visitors. Not to mention great PR for the
University's crowing "sustainability," and hands on expertise for the RECEiVED
Environmental Studies Department,
JUL - 8 2009
144
City of Ast:t,:lnd
Communi;y Development
Summary:
- Re-Locate and Create Right Village for the Right Neighborhood. *
- Renovate Cascade and move Cafeteria just below.
- Do modest enhancements to grounds and paths.
- Do all academic core upgrades scheduled.
In these times we need to get ourselves in place for a long drawn out
transition toward sustainability, if not survival. Upfitting and retrofitting
what we do have that is now working, supplemented by more modest
(affordable) new projects, are the order of the day in reality based planning
on all levels.
Southern Oregon University should become a Leader in this (and it would
help balance their budget).
* see attached photos that illustrate "Right Villages"
HcC:::IVED
JUL - R 2009
145
City of As!ll.;lnd
COffimUflit,/ Development
Community Garden and Neighborhood
"working groups" overview of
SOU 2020 Master Plan July 2009
The Master Plan needs to bring in the needs of all stakeholders. Sorne were left
out and this is not right for any significant sized planning endeavor.
"Stakeholder" was too limited and excluded those potentially most impacted by
plans gone 'rnisguided.'
Our local rights to decide for ourselves what form our community and
neighborhoods take should not be abrogated by a flawed planning process, The
process should now backtrack or start over to find the best solution for our little
town that is not Portland, S.F. or L.A., but uniquely Ashland, Oregon.
"Outsourced" won't do when planning so large in the center of our little town,
especially when it has the potential to impact us in many ways and was done
without due (actual) process. These factors, along with others, have compounded
to create a poor outcome. Better now, to enter into fixative measures, than regret
later with diminished community. After all, a totally good and positive outcome
is just about assured with sufficient public participation. We can find win, win,
win solutions to all our needs.
The 'Right Village for the Right Neighborhood' is what we all deserve. The
SOU 2020 Master Plan is not that now, but could easily be, when logic and
sensitivity is applied to place and culture in design. Overbearing architectural
scale and population density should not be forced upon an "elder neighborhood"
with which it does not blend, but impacts negatively. The most appropriate place
where developments of this size will prosper are where they fit in well with the
local neighborhood density and architecture, and have all the best amenities
nearby.
Faculty Village belongs on North Campus near the current student family
housing, and where it would have the middle and elemental}' schools just across
the street, with high school just 4 blocks away. This, alone would work great, but
it also has Science Works, Growers' Market, bike/pedestrian path and majestic
views, and a 2-3 block walk to Campus Core. Feeder streets to choice of arterial
streets give access by automobile or bicycle for needs based travel. This location
also fits the bill on scale of architecture and population density to assure an easy
fit with the neighborhood already ~here.
Amazingly (or not), the University does not even mention in the 2020 Master
Plan their greatest need: Student Family Housing is always 100% full with a
vel}' long waiting list. Regnlar Student Housing (what's called for in the MP) ~~2CEiVED
only about 80% full.
JUL - 8 2009
146
City of Ashland
Community Development
Sustainability Village is already partially happening on West Campus with
the 8 year old ECOS Community Garden and Bike Library. The handful of 9.
houses just north of the garden and south of Henry Street could easily transition
to become a research experiment zone for the Environmental Science
Department in conjunction with ECOS and the Housing Department, if not
others, also.
Leading edge environmental science isn't just about saving the environment
'out there,' global climate change, and studying our natural heritage, but also,
out of necessity, will swiftly evolve into how do we retrofit and upgrade our
habitation environs so that we may rnore successfully negotiate the 'long
emergency.' This not only just includes our homes, but our homes will become
ever more critical to adopt sustainability practices for. This knowledge and
systems of accomplishment are what an exponentially increasing number of
green jobs are indicating as already becoming a megatrend.
The University can be at the forefront of finding whole system solutions in this
emerging industry and export such out into the cornrnunity around, and
beyond, with outreach projects funded by public entities that will bare future
financial fruit. An Agricultural Experimental Station is. an example of a related
concept. This would be a "Retro" Greening Experimental Station, to "sustainably"
upfit the majority of our housing, not just the current primary focus on new
construction, which constitutes only a small fraction of our housing base. Plus
the related food factor, alternative energy generation aspects, and the social
networks of smallcomrnunities, can create quite an impressive interdisciplinary
endeavor.
We are hoping Commissioners will appreciate the win-win-win aspects of this
"Garden & Neighborhood Plan," and help guide the SOU 2020 Master Plan
accordingly. Thank you for your consideration.
flECE1'iED
j'UI .. '! e.nO"
. . '.' cu ~
147
C::~I \Of -''''~;I;f':::l1d
CommlJnl~Y 00'i':;rO;)m~nt
Constraints: (Zone Clashes) with "Faculty Village" on West Campus
Condo scale and population density clashes with older neighborhood.
Building a
Legend
Medium
Density
Res.idefIllal
ED
Sor.wwhm
C~m.."..hb~
c_
ZDne
Single
Family
A_
r:;:J
[6.iI
so ... .
University .. ..
." .
Glenwood D City Zones
CJso
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~e-l
_R-3
Viewshoo _....
Negatively C) l];;U R-'.'
Impacted l!:i'EI R-1-7..
tl...:1. R~1.~O
,........'--'-
Our Neighborhood "zones" will be
negatively impacted by larger scale
architecture and population density:
City and Comprehensive Plan Zones for
density Clash. More sensitivity needed.
Park and Neighborhood's Viewscape is
changed from Mountains and 50's single
level Single Family Homes to 2 or 3 Story
Blocks of Condos.
Breezescape is also impacted, altering
public and private micro-ecosystems.
Current Neighborhood life will
be changed forever, not for
better, if Condos arrive.
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SOUlHfRN OREGON UNl'iERsfIY
149
Community Garden & Glenwood Park
~--
The University can be at the forefront of finding whole system solutions in the emerging "green"
industry and export such out into the community around, and beyond, with outreach projects
funded by public entities that will bare future financial fruit. An Agircultural Experimental Station
is an example of a related concept. This would be a "Retro" Greening Experimental Station, to
'sustainably' upfit the majority of our housing, n,<;lt just the current primary focus on new con-
struction.The related food factor, alternative effi3'rgy generation aspects, and the social networks
-of small communities, will create quite an impressive interdisciplinary endeavor.
REC~ Page 1 of!
dVED
BiU Molnar - Ashland Street condo
,/UI - Q "l)Qg
From:
To:
Date:
Subject:
"Jean Taylor" <734jeant@charter.net>
<"Undisclosed-Recipient:; "@madrone.ashlandfiber.net>
7/8/20099:42 AM
Ashland Street condo
CiJy or Ashland
CommUnity Development
Hello,
I would like to respectfully register my opinion re: the Ashland Street Condo proposal.'
I strongly OPPOSE this development. Ashland Street has very few, if anv. multi-family homes and I feel that this
plan does not support the current nature of the neighborhood.
It would put inappropriate strain on the facilities of Glenwood Park and add to the current congestion already
experienced in the neighborhood when the university is in session.
Please vote AGAINST this part of the proposed SOU 2020 Master Plan.
Thank you for your consideration.
Sincerely,
Jean Taylor
734 Glenwood Drive
file://C:\Documents and Settings\molnarb\Local Sedrrigs\Temp\GW}OOOO1.HTM
7/812009
r~'
CITY OF
ASHLAND
Planning Department, 51 Wir, Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-"u:i0 www.ashland.or.us lTY: 1-8lJO.735-2900
PLANNING ACTION: #2009.00817
OWNER/APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010-2020 as
part of the City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master
Plan.) COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University ZONING: S-O
ASHLAND PLANNING COMMISSION MEETING: July 14, 7;00 PM, Ashland Civic Center
1I 2:lGCIOO l,llllllF..t
~1I1o...."..for~.on4t._..__
Notice is hereby given that a PUBLic HEARING on this request to adopt the Southern Oregon UniverSity Campus Master.Plan 2010-2020 as part' ()f
Ashland's Comprehensive Plan will be held before the ASHLAND PLANNING COMMISSION on themeetin9. date shown above. The meeting will be
at tho ASHLAND CIVIC CENTER. 1175 East Main Stroo~ Ashland, Oregon:. .
. . . . . . , .
. '. .
A copy of the related documents is available for inspeCtion :at" no cost and will be provided at r~asonable: cost If requ~t~d.' Al1.m~erial~ are':
, available at the Ashland Planning Department in the Community~DeveJopment & Engineering_Services Building at 51' Winburn ,WillY, Ashland,'
Oregon 97520. .
. . .
During the Public Hearing, the Chair shall allow testimony from the: applicant and tho~e In ~ttendan~e c::oncerning'this request. TheChai~, shall-have
the right to limit the length of testimony.' To receive a notice of the final decision, 8 parson must particlpate_ in the public hearing"submltting'oral:ar-
written teslim.any and must submit a written raquest to receive a no!!ce'C?f~he final decision.
In- compliance with the American with Disabilities Act, if you need special assistance ~oparticipate In this meeting, please contact theCity", .
Administrator's office at 541-488-6002 (TTY phone number 1~0()'735-2900). Notification 72 hours prior to the meetlngwill enable the City to make'
reasonable arrangements to ensure accessibility to the meeting.. (28, CFR 35.102.~35;104 ADA Title I).
.. . " '.
'" . ,,', .',". "'" " '",
If you have questions or comments concerning this request. ple_ase feel fre~ ~o ~ontact the.~hla~d ~I_anning Division, 541-488-5305.
152
G;\eomm-dev\pIam1iD.J\Notkcs Mai1cd\2009\2009-OO81'_REVlSED.doc
18.108.170 legislative amendments
A. It may be necessary from time to time to amend the text of the land Use
Ordinance or make other legislative amendments in order to conform with the
comprehensive plan or to meet other changes in circumstances and conditions.
A legislative amendment is a legislative act solely within the authority of the,
Council.
B. A legislative amendment may be initiated by the Council, by the Commission,
or by application of a property owner or resident of the City. The Commission
shall conduct a public hearing on the proposed amendment at its earliest
practicable meeting after it is submitted, and within thirty days after the hearing,
recommend to the Council, approval, disapproval, or modification of the
proposed amendment.
C. An application for amendment by a property owner or resident shall be filed
with the Planning Department thirty days prior to the Commission meeting at
which the proposal is to be first considered. The application shall be
accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall
hold a public hearing. After receipt of the report on the amendment from the
Commission, the Council shall hold a public hearing on the amendment. Notice
of time and place of the public hearings and a brief description of the' proposed
amendment shall be given notice in a newspaper of general circulation in the City
not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment
shall be considered by the Commission within the twelve month period
immediately following a previous denial of such request, except the Commission
may permit a new application if, in the opinion of the Commission, new evidence
or a change of circumstances warrant it.
153
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On June 25, 2009, I caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #2009-00817, SOU Master Plan Update.
(~'!)~I") yt~,t{,tJtde01.t~
Signatu(e of Employee
SIGNED AND SWORN TO before me this 26th day of June, 2009.
. OFFICIAL SEAL
BILLIE K. BOSWEll
NOTARY PUBLIC-OREGON
COMMISSION NO. 436471
MY COMMISSION EXPIRES APR. 7, 2013
C155eZ)b~
Notary Public for State of Oregon .
My Commission Expires: 'f- 7 - /3
Comm-Dev\Plannlng\T em plates
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464 BEACH ST 609 ELKADER PO BOX 352
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ASHFORD J/ROBYN GOODRICH ASHLAND COMMUNITY LAND TRUS ASHLAND SCHOOL DISTRICT #5
115 CALIFORNIA ST 550 MAIN ST 885 SISKIYOU BLVD
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BEACH EDWARD CILISA F BENOIT ROBERT H TRUSTEE FBO BERG SCOTT D/MARY CLAIRE
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705 ROCA ST 293 MEADOW DR 2172 BIRCHWOOD LN
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BISCHOF NORBERT S TRUSTEE BLACK CATHY RAE TRUSTEE FBO BLACKMAN K J/JASON SPEVAK
468 MICHIGAN AVE 570 GLENWOOD DR 317 WIGHTMAN ST
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325 WIGHTMAN ST 650 MONROE ST 1665 SISKIYOU BLVD STE 102
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PA-2009-00817 391 E15BB3700 PA.2009.00817 391 E16AA300 PA,2009.00817 391 E15BB8400
MATTSON VICTORIA MAYNARD JIM MC BAINE ROBERT VIMARSHA J
591 ELKADER ST PO BOX 340 1300 OREGON ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817 391 E09DD5201 PA-2009-00817391E10CB900 PA-2009.00817 391 E10DB601
MC NAMARA JAMES A1MARCIA S MCCRAE JAMES A MCMANUS ELISE M
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ASHLAND OR 97520 SEATTLE WA 98107 ASHLAND OR 97520
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PA-2009-00817 391 E15BA300 PA.2009-00817391E15BA700 PA-2009-00817 391 E15BB7800
MEISTER RICHARD J MEISTER'S BUY RITE INC M ELICK ANN
870 CYPRESS POINT LOOP 1450 ASHLAND AVE 325 A ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA.2009-00817391E15BA3200 PA-2009-00817 391 E1 OBD700 PA.2009-00817 391 E15BA7800
MERCER DONALD J MILL POND OWNER'S ASSOC INC MILLER ROBERT M TRUSTEE
1380 SISKIYOU BLVD POBOX 3402 765 REITEN DRIVE
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
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435 TERRACE ST 1480 OREGON ST 2222 CHITWOOD LN
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
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NORTHCUTT JACK D/BETTY A NUESSLE WILLIAM P TRUSTEE E OHMER DERIAL L
1340 E MAIN ST 1516 OREGON ST PO BOX 662
ASHLAND OR 97520 ASHLAND OR 97520 . ASHLAND OR 97520
PA-2009-00817391E10DC6500 PA-2009-00817391E15BA3800 PA-2009-00817 391 E09DD5100
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1620 HOMES ATTN DEAN OF ADMINISTRATION 802 WAINGARTH CT
ASHLAND OR 97520 ASHLAND OR 97520 DANVILLE CA 94526
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PO BOX 548 750 BIDDLE RD 3715 W FIR
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260 WALKER AVE 2625 TAKELMA WAY 627 CARRACK DR
ASHLAND OR 97520 ASHLAND OR 97520 ST MARYS GA 31558
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PRESTON WILLIAM EDWARD/ROSE RICHARDSON JUANITA F ROBINSON IVAN UJANICE
704 INDIANA ST 160 CALIFORNIA ST 330 BRIDGE ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
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ROCA STREET PROPERTIES LLC ROGUE VALLEY MEETING OF THE ROMANO ETHEL M TRUSTEE ET A
1257 SISKIYOU BLVD 25 543 S MOUNTAIN 912 SISKIYOU BLVD
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
P A-2009-00817 391 E 1 OCA900 P A-2009.00817 391 E 15BB3400 PA-2009-00817 391 E09DD4600
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POBOX 294 605 ELKADER ST 1875#10 HWY 99 S
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
161
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938 CYPRESS POINT LOOP PO BOX 3505 460 BEACH ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817 391 E15BB4400 PA-2009-00817 391 E10BD800 PA-2009-00817 391 E15BB8300
SAMEH SARAH SANCHEZ JOSEPH M SATLER SERGIO 0
588 S MOUNTAIN AVE 20 N WIGHTMAN ST 684 LEONARD
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817 391 E15BB8200 PA-2009-00817 391 E15BB6600 PA-2009-00817 391 E16AA500
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PO BOX 3157 679 ROCA ST 586 GLENWOOD DR
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SCHIPPER KIRSTEN SCHOENLEBER W E IIIfTERRY J SCHOOL DISTRICT 5
1375 IOWA ST #A 9931/2 SISKIYOU BLVD 885 SISKIYOU BLVD
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817391E10CC5500 PA-2009-00817391E10CA1000 PA-2009-00817391E10CB13200
SCHWARZER PETER F/ROBIN L SEIFERT CARL M/KATHLEEN G SEIFERT CARL M/KATHLEEN G
1049 SISKIYOU BLVD 309 WIGHTMAN ST 310 BRIDGE ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817 391 E1 ODB502 PA-2009-00817 391 E1 OCC2000 PA-2009-00817 391 E09DD4500
SEILER MATTHEW SHAMES JAMES (3 TRUSTEE SHEA RORY B
264 WALKER AVE 344 BRIDGE ST 2768 QUAIL RUN RD
ASHLAND OR 97520 ASHLAND OR 97520 TALENT OR 97540
PA-2009-00817391E15BB8100 P A-2009-00817 391 E 1 OCB 12900 PA-2009-00817 391 E10DB402
SHEPHERD DANIEL P/AUSHNA A SHERMAN KAY LYNNE SHREWSBURY LAURENCElLAURA
650 LEAONARD ST 322 BRIDGE ST 47 GRANITE ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817391E15BA800 P A-2009-00817 391 E 1 OCC5800 PA-2009-00817391E15BA6901
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PO BOX 970 1025 SISKIYOU BLVD 708 INDIANA ST
MEDFORD OR 97501 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817391E15BA8100 PA-2009-00817 391 E09DA8000 PA-2009.00817391E10CB13400
SMITH DOMINIC SMITH DOMINIC C SMITH KIM
PO BOX 3270 965 SISKIYOU BLVD 260 BRIDGE ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00817391E10CB1900 PA-2009-00817391E10BC1405 PA-2009-00817 391E10BC1600
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PO BOX 837 6141 MAURITANIA AVE PO BOX 622
ASHLAND OR 97520 OAKLAND CA 94605 ASHLAND OR 97520
162
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STEWART CHARLES NEIL STONE JEWELL V STOVALL SAM L TRUSTEE FBO
PO BOX 622 588 ELKADER 1015 ASHLAND ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
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STRASSER ANNE MARIE HYLAND TABER ROBERT E1MCKERNAN CHA TAKEDA HIRAKAZU/ELlZABETH
PO BOX 370785 1500 OREGON ST 730 PALMER RD
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3050 ALA PUAALA PLACE POBOX 711 96 FORK ST
HONOLULU HI 96818 DALLAS TX 75221 ASHLAND OR 97520
PA-2009-00817391E10BC5415 PA-2009-00817391E10CB136oo PA-2009-00817 391 E1 ODB6oo
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PA-2009-00817 391 E1 ODC6700 P A-2009-00817 391 E 15BB7500 PA-2009-00817 391 E15BB6500
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586 FIRST ST 224 25205 MALlBU RD 1593 PIONEER ROAD
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PO BOX 1143 692 ELKADER ST
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163
,
Campus Master Plan lJpdate
SERA
12 April 2010 City Council Review Draft
Prepared for Southern Oregon University
by SERA Architects
MANAGEMENT TEAM
Laurence Blake, Southern Oregon University
MASTER PLAN UPDATE STEERING GROUP
Dr. Mary Cullinan
President
James M. Klein
Provost
Craig Morris
Vice President for Finance & Administration
Jonathan Eldridge
Vice President for Student Affairs
Josie Wilson
interim Dean, Coiiege of Arts & Sciences
Dave Harris
Dean, Schooi of Business
Geoff Mills
Dean, School of Education
Dan Rubenson
Chair, Faculty Senate
Kelli A. Horvath
President, Associated Students of Southern Oregon University [ASSOU]
Carl Christy
SEIU
Karen Stone, Chris Sackett
Faculty, University Planning Committee representatives
Bill Molnar
City of Ashland Planning Director
Laurence Blake
Director of Planning and Sustainabii/ty
CONSULTANT TEAM
SERA Architects:
Tim Smith, Principal in Charge
Eric Ridenour, Project Manager
Allison Wildman, Benjamin Nielsen, Robin Moodie
Covey,Pardee Landscape Architects
Greg Covey, Principal in Charge
Table of Contents
Executive Summary
I ntroduction and Process
Existing Conditions Analysis
Master Plan
Framework Plan and Campus Structure
Open Space
Academic Buildings
Housing and Student Life
Athletics
Other Campus-Related Development
Circulation
1
3
11
27
27
27
32
35
39
41
44
53
61
Design Guidelines
Sustainability
Appendix 1: Alternatives Assessment
Appendix 2: Summary of Facilities Conditions Assessments
Appendix 3: Concept Designs of Proposed Projects
Appendix 4: Analysis of Potential for Solar Energy Production
Appendix 5: City of Ashland Site Design and Use Standards
67
73
77
81
95
Executive Summary
This Update of the Master Plan for Southern Oregon University has been prepared
to guide the campus for the period 2010-2020. It is precicated on projections
of enrollment growth to approximately 6,000 students, from a current student
enrollment of 5,082. It responds to the academic planning process, which has
been proceecing in parallel to the physical planning process, and several primary
goals of the University:
. Create Academic Distinctiveness and Quality
. A Commitment to the Arts and the Bioregion
. A Role as a Community Catalyst
. Financial Sustainability
The Master Plan Update is intendec to supersede the previous plan, prepared in
1999-2000. It plans for prioritizec development within the academic precincts
of the campus, including an expanSion and renovation projects for the Theater
Arts and Sciences buildings, as well as Deferred Maintenance projects for five key
facilities.
The plan also provides a framework for a significant shift in the structure of the
campus, to develop new housing to contemporary standards on the campus lands
north of Siskiyou Boulevard. This proposec deveiopment is basec on several
factors:
. the need to develop a strong student life component on the campus, to
support student retention and attraction:
. to support more sustainable development patterns, including development
at densities that are both appropriate to the campus setting and supportive
of transit and walkable communities; and
. a preliminary determination that the Cascade Complex requires extensive
upgrades and is not a residential model that serves contemporary students
well.
By transitioning housing to the north campus area, the plan aiso effectively 'land
banks' areas currently devoted to housing for long range growth of the academic
core of the campus.
A public-private partnership model is being explored to develop new housing. and,
where appropriate, the housing could include mixed-use building types. Creation
of clusters of faculty housing by the University is also planned for, in part, as a
means to enhance recruitment of faculty, and recuce carbon emissions from
commuting.
Additionally, the plan includes an analysis of the overall structure of the
campus, in particular the open spaces that are a defining characteristic of
SOU. Improvements to the open spaces are proposed that will enhance the
overall quality of the campus, especially those areas that serve as 'gateways'
and contribute to the first impression visitors have of the University. Circulation
CAMPUS MASTER PLAN UPDATE [12,APRIL-1D DRAFT)
EXECUTIVE SUMMARY
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The 2010-2020 Master Plan Update
addresses strategies to improve the
presence of the University along Siskiyou
Boulevard.
New campus housing ;s proposed for
students. In appropriate areas, this might
be in the form of mixed-use buildings.
1
EXECUTIVE SUMMARY
The UniversitY has signed on to the
American College & University Presidents
Climate Commitment, which calfs for an
aggressive approach to sustainabifity
for the campus, including green building
standards.
The Framework Plan, right, describes the
overall structure of the campus under this
plan.
2
changes are proposed for University Way and adjacent service roads.
Improvements to the pedestrian crossings at Siskiyou Boulevard and Indiana/
Wightman and Ashland Streets are also proposed.
The plan includes design guidelines for campus development - both buildings and
open spaces - intended to enhance the best qualities of the existing campus, and
provide a more consistent character to future development. Guidelines address
building size, massing, orientation and setbacks, in addition to materials. There
are also guidelines for open space and landscape elements.
The Master Plan Update provides a framework for sustainability planning,
recognizing recent commitments by the University and the Oregon University
System to set aggressive goals to reduce greenhouse gas emissions and other
environmental impacts. This plan proposes that a follow-up study be done in the
form of an Energy Master Plan to guide the University on energy issues affecting
conservation, infrastructure investments and renewable energy development.
A Transportation Demand Management strategy is also proposed to pursue
alternatives to single occupancy auto commuting.
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Introduction and Process
Brief History of Southern Oregon University
Southern Oregon University began as Ashland Academy in 1872, and went through
several changes in name prior to being named an official state normal school
in 1887. The school was closed due to lack of funding from 1890-95, before
re-opening as the Southern Oregon State Normal School [SOSNS], with state
funding, in 1899. In 1904, the school became a full state school, but funding was
again eliminated in 1909, leading to the closing of the campus. In 1926, the state
reestablished Southern Oregon State Normal School in Ashland at a new location
on land donated by the city. This is the site on which the university is still located.
The school originated in Churchill Hall, which was joined by Britt Hall in 1936,
Susanne Homes in 1947, and Central Hall in 1949. In 1939, the three state
normal schools were designated Colleges of Education by the state. In 1956, the
Southern Oregon College of Education became Southern Oregon College, and in
1975 was again renamed to Southern Oregon State College. Many buildings were
added over the post.war period - a time of growth throughout American higher
education - including McNeal Pavilion [1957], Science I [1959] and II [1967],
Cascade Complex [in phases from 1960-66], Taylor Hall [1965]. the original wing
of the library [1967], Greensprings [1968-69] and both the Music Building and the
Stevenson Union [1972]. The Sweden burg home. built in 1905 - was acquired by
the school in 1965, and is also known as the Plunkett Center.
Raider Stadium was added in 1983. The Visual Arts Center [2oooJ, Hannon
Ubrary expansion [2005] and Madrone Apartments [2005] are the most recent
major additions to the campus. The name Southem Oregon University was
adopted in 1997.
In 2008, Southern Oregon University entered a new phase of its history with
the completion ofthe Higher Education Center [HEC] in Medford. This center,
a collaboration with Rogue Community College, means that SOU can now offer
regular courses in Medford, the population center of the Rogue Valley: This both
expands the University's reach and gives existing students more flexibility to
balance their education with other life commitments: work, family, etc. It also
provides the University with a state of the art teaching facility with contemporary
technology services. However, the HEC also introduces logistical challenges, as
the University now functions somewhat as a two-campus system.
Campus Context
Ashland and the historic SOU campus are at the southern end of a string of
communities in the Rogue Valley [Figure 1]. Medford is th-e larger population
center, with 68,000 residents to Ashland's 20,400. Staff, faculty and students live
throughout the region, including the smaller communities of Talent and Phoenix.
Within Ashland itself, SOU is removed from the heart of downtown, with its
pedestrian-oriented streetscapes and bustling tourism, by just over one mile's
distance [Figure 2]. This is a limitation in some senses, but also allows a separate.
community focal point to exist in the context of the campus environment.
CAMPUS MASTER PLAN UPDATE [12.APRIL.1D DRAFT)
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The foundation plaque on Churchill Hall
commemorates the roots of the University.
The Higher Education Center;s pioneering
for the University for several reasons:
its partnership with Rogue Community
College, Its outreach to the Medford area,
and its strong commitment to sustainable
design.
5
INTROOUCTlON
Figure 1: Rogue Valley Region
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8 MASTER PLAN UPDATE
El13 (;J~ S~uthem Oregon University
Regional Map
_ sou campus boundary
EB
o
5
Miles
6
SOUTHERN OREGON UNIVERSllY
. INTRODUCTION
,
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,. . boundary
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o taidotS CJ Oownto~ ~hlaf!d
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7
INTROOUCTlON
Purposes of the Master Plan
A campus master plan serves multiple purposes. The plan is both a general guide
for good campus form and a basis for agreement between the University and other
entities, namely the Oregon University System [OUS] and the City of Ashland. The
goals of each of these parties shape the plan.
Southern Oregon University Goals
A primary objective of the Master Plan Update is to direct the University's internal
planning regarding the physical facilities - buildings, infrastructure and grounds -
of the campus. A master plan has numerous benefits for a campus, including:
. prioritization of projects including phasing;
. coordination of projects to avoid redundant work;
. integration of individual projects into'a larger vision for the campus
environment that supports the academic mission of the institution.
Strategic planning for the University has been occurring in parallel to the physical
planning process, and the key goals and emerging Objectives have contributed to
this Master Plan Update. These include:
. Academic Distinctiveness and Quality: heighten and sustain a powerfui
university culture that supports and inspires intellectual creativity,
connected learning, and a passion for making a difference.
. Commitment to the Arts and the Bioregion: be a regional leader in
curricula, research, and outreach that inspire creativity and model the
interplay of environmental, economic, and cultural facets of our bioreglon.
. Community Catalyst: be a regional leader as an economic and cultural
catalyst for external communities.
Financial Sustainability: increase the University's fiscal stability through
enrollment management, budget development and alignment, strategic
partnerships, and fundraising.
All of these goals are established to support the University's core teaching mission.
The central question underlying this master plan process. is: how can physical
planning support the larger goals of attracting and retaining students?
Academic planning projects enrollment growth to 6,000 [head-count] by 2013.'
OUS Institutional Planning figures indicate the campus would reach this 6,000
figure around 2020.
A student body of 6,000 wouid translate to 4,547 full.time equivalent [FTE],
projecting forward the current ratio of students to FTE. It is expectec that this
projected level of growth can be accommodated through a combination of:
. additions to Theater and Sciences buildings identified in this plan;
. renovation and efficiency improvements to other existing structures;
. expanded utilization of existing facilities through course scheduling;
. increased usage of the Higher Education Center at Medford;
. expanded distance learning and online programs.
1. DRAFT SOU Master Academic Plan.
8
SOUTHERN OREGON UNIVERSITY
In addition to these measures regarding academic buildings, the University will
also .pursue under this Master Plan Update the provision of modern, attractive
_ .housing for students. This strategy has demonstrated benefits for improving
student recruitment, retention, and academic performance, and is considered an
important part of reaching the primary goals.
Oregon University System Goals
, As part of the Oregon University System, SOU's campus planning needs to be
. . 'coordinated with system-wide priorities. State administrative rules require the
acceptance of a campus plan by the OUS Chancellor [OAR 580-060-0010]. OUS
, also manages the State's funding of capitai projects, and sets priorities for the
seven campuses. Therefore, coordination with OUS helps both entities to better
plan for major capital expenses.
An update of the formal statement of OUS goals for campus master plans is in
, process at the time of preparation of this Master Plan Update. Draft goals include:
. Develop acampus that promotes quality of life for students, faculty, staff
and theGbmmunity.
o Reftection of culture, values and aspirations of campus
o Promote community and opportunities for civil discourse
. Provide thoughtful stewardship of a resource-constrained environment
whose dimensions include the eco-system[s], land/real estate and financial
resources.
. All new construction shall have zero net addition of CO, to the campus
er1)issions. All construction on existing facilities shall lower the CO,
e.ni,issibns of the facility by no less than 25%.
,. Attain a 'right-sized campus' that makes the best use of existing
infrastructure and facilities.
o Reuse and repurpose before considering new construction
. Ensure consistency with the OUS Climate Action Plan Goals - see _
Sustainability section.
OUS planning is also in process to comply with the '40-4D-20' goal established by
the Governor's office: 40"10 of the state's population to have a 4-year degree, 40%
to have an associate's degree and 20% to have a high school diploma, by 2025.
City of Ashland Goals
Statewide planning laws [OAR 66D-30] require that plans for state institutions,
including the Oregon University System, be coordinated with the local jurisdictions
that host ther:n. The City of Ashland, which in91udes the SOU campus, has adopted
a zoning designation [SO] that is speCific to University-cwned lands of the campus.
This zoning is generally brief and incorporates the campus master plan - once
adopted by the City - as an agreement between the University and City. Under the
SO zoning, most University uses are allowed as permitted uses, with conditional
use approval required in certain circumstances. At the time of this Master Plan
preparation, these include buildings of more than 40 feet in height or within 50
feet of privately-cwned property. Other than the SO Zone requirements, certain
CAMPUS MASTER PLAN UPDATE (12,APRIL-10 DRAFTI
~"'"_-_..t.,i.-,,,,"..ot......,: . _,
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INTRODUCTION
9
~.-.".-":~~
:i~~
INTRODUCTION
MASTER PLAN UPDATE STEERING GROUP
Dr. Mary Cullinan
President.
James M. Klein
PrcMJst
Craig Morris
Vice President for Finance & Administration
Jonathan Eldridge
Vice President for Student Affairs
Josie Wilson
Interim Dean, College of Arts & Sciences
Dave Harris
Dean, School of Business
Geoff Mills
Dean, School of Education
Dan Rubenson
Chair, Faculty Senate
Kelli A. Horvath
President or designee, Associated Students of
Southern Oregon University (ASSOU]
Carl Christy
SEIU
Karen Stone and Chris sackett
Faculty, University Planning Committee
representatives
Bill Molnar
Pfanning Director, City of Ashland
Laurence Blake
Associate Vice President for facilities
Management & Planning
10
other provisions of the Zoning Code also apply to the University, including site
review, signage and off-street parking requirements.
As a result of earlier planning efforts, certain properties adjacent to campus lands
are currently assigned the City's SO Zone, but are not owned by the University [see
Figure 4]. This Master Plan does not assume any land acquisitions, and does not
propose constructon on any lands not owned by the University at the time of the
plan's preparation.
In addition to zoning compliance, the City has other interests in the University's
Master Plan, including coordinated transportation, infrastructure and service
planning. In addition, both parties have an interest in supporting a thriving
University Oistrict in the campus area to support local businesses and a vibrant
civic community. City plans and past campus plans have recognized the value of
the University as a catalyst for the surrounding area and its economy.
Planning Process
The University formed a Steering Group comprised of campus leadership to guide
the Master Plan Update. The consultant team of SERA Architects of Portland
partnered with Covey-Pardee Landscape Architects of Ashland was hired to create
the Master Plan Update under the Steering Group's direct on.
The consultant team and SOU staff met with key stakeholder groups throughout
the process. Interviews with smaller stakeholder groups were held, including
Athletics program staff, University Housing staff and Jefferson Public Radio.
Campus Forums were held for larger groups: University faculty and staff, campus
neighbors, and community residents. A question and answer briefing was held
for the SOU Foundation and an on-line website was produced to solicit comments
from students, neighbors, and any other interested parties.
After a review of existing ~nditions, including the current 2000-10 Master Plan.
the consultant team developed three master plan concept alternatives [see
Appendix 1] based on input from stakeholder groups. These alternatives were
formed to engage decision makers in discussions about the University's overall
strategic goals for long-term growth and development. Review of the alternatives
led to selection of a preferred alternative, with the strongest elements of each.
After further input from stakeholder groups, that preferred alternative evolved into
the proposed Master Plan. City of Ashland and OUS staff reviewed a draft as well.
SOUTHERN OREGON UNIVERSITY
SOU Master Plan
Thursday, January 29th, 2009
Faculty & Staff
Campus Neighbors
Help shape
the future of SOU',
Ashland campus
Southern Oregon
University is in the process
of updating the master
plan for the Ashland cam-
pus. The planning team,
led by SERA Architects, will
be on campus to discuss
the emerging plan, and
alternative strategies that
the campus could pursue.
Topics will include:
. how much student
housing should be
provided by the
University?
. how can the campus
best interface with the
larger community?
. what sustalnablllty
strategies ought to be
pursued?
Public Workshops
Meese Auditorium, Arts Complex
4:30 - 5:30 p.m.
7:00 - 8:30 p.m.
All in the community are invited to participate in a workshop to kick off this process:
Faculty and staff are encouraged to attend the 4:30 p.m. workshop.
SOU's neighbors are invited to come to an evening workshop beginning at 7:00 p.m.
SOUTHERN OREGON UNIVI~r<SITY
Comments on SOU Master Plan Alternatives
--'-1
,
Name [OJ:!Iionaij:
EmaUaddress[requl...d):
I
1
I I
1
, I
I
Street AddI8ss:
City [required]:
State: I9K:J
ZJp I:=:::J
HONwculd you describe your plimary relationship to SOU?
, !
, '
ClhldergraduateStudellt
C Graduate Student
..Starr
CFaculty
CCityCommissionerorofficial
r: Neighbor of lheAshland Campus
GAshlandresident
C Medford resident
... Otherlnl8resl8d Party
\
"
Please uselhe following spaces to provide any comments you have on the Master Plan altemates shown on this
websita. Clicking on maps will open Alternatives in a separo.te window.
CAMPUS MASTER PLAN UPDATE [12,APRll,lD DRAFTI
INTRODUCTION
Sidebar: Public Participation
---.
\
Stakeholder Participation
Stakeholder meetings were held at
project kick-off, after preparation of
plan altematives and after preparation
of a preferred alternative.
Stakeholder Groups:
. Staff, Faculty and Students
. Campus Neighbors/Community
Residents
. Residential Life/Housing Services
. Athletics Director
. SOU Foundation
. City of Ashland Officials
. Jefferson Public Radio
A public web site was also made
available for all parties to provide input
to the process [below].
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11
EXISTING CONDITIONS
Table 1: Campus Buildings, Area and Function
EDUCATION a GENERAL BUILDINGS
DEBOER SCULPTURE [ART EAST]
ART BUILDING
BRITT HALL
CENTRAL HALL
CHURCHILL HALL
COMPUTER SERVICES CENTER
EDUCATION / PSYCHOLOGY
EXTENDED CAMPUS PROGRAMS
HANNON LIBRARY
MARION ADY
McNEAL HALL
NORTH TICKET BOOTH
MOTOR POOL GROUNDS
MUSIC
NORTH CAMPUS RECREATION
RESIDENCE HALLS MAl NT/ FMP
PLUNKETT CENTER/ SWEDEN BURG
PRESIDENT'S RESIDENCE
ARMY GOLD BUILDING
RVTV
SCHNEIDER MUSEUM OF ART
SCIENCE HALL
ACCESS CENTER
SECURITY
OHSU/521 SOUTH MOUNTAIN
SOURS LIFE SCIENCE LAB
SOUTH HEAT PLANT
SOUTH TICKET BOOTH
STADIUM FACILITY
TAYLOR HALL
THEATER ARTS BUILDING
TOTAL
AUX1UARIES BUILDINGS
CASCADE COMPLEX
COX HALL
GREENSPRINGS COMPLEX
MADRONE RESIDENCE HALL
SUSANNE HOMES HALL
STUDENT HEALTH & WELLNESS CTR.
STEVENSON UNION
TOTAL
EDUCATION & GENERAL BUILDINGS
AUXILIARIES BUILDINGS
TOTAL
12
GSf AREA
8,263
19,254
66,980
56,544
36,098
32.770
51,245
2,384
135,282
36,431
113,986
98
2,420
45,461
1,200
34,375
8,974
5,285
1.225
8,300
6,108
80,998
9,575
1,749
2,305
2.162
9,918
98
24,256
45,867
58,782
908,393
GSf AREA
192,573
48,832
84,799
42,825
39,163
11,016
96,281
515,489
908,393
515,489
1,421,882
PRIMARY FUNcnON
ACADEMIC
ACADEMIC
ACADEMIC/ADMINISTRATIVE
ACADEMIC
ADMINISTRATIVE,! ACADEMIC
ACADEMIC/ADMINISTRATIVE
ACADEMIC
ADMINISTRATIVE
LIBRARY
ACADEMIC
ATHLETICS/ACADEMIC
ATHLETICS
MAINTENANCE
ACADEMIC
RECREATION
MAINTENANCE
ADMINISTRATIVE
RESIDENCE
ACADEMIC
TV STATION
GALLERY
ACADEMIC
ADMINISTRATIVE
SECURITY
ACADEMIC
ACADEMIC
MAINTENANCE
ATHLETICS
ATHLETICS
ACADEMIC
ACADEMIC.
PRIMARY FUNcnON
RESIDENCE HALL
RESIDENCE HALL
RESIDENCE HALL
RESIDENCE HALL
RESIDENCE HALL
HEALTH CENTER
STUDENT UNION
SOUTHERN OREGON UNIVERSllY
Existing Conditions Analysis
This Master Plan Update began with a review of existing conditions, including:
. Review of the 2000 Master Plan, its enrollment projections, space needs
and proposed projects and policies;
. Visual survey of the campus, both buildings and open spaces, leading to an
anaiysis of the structure of the campus;
. Review of University documents regarding the condition of campus
buildings, primariiy the facilities conditions analyses conducted in the Fali
of 2008 on five buildings of primary concern and a study of Cascade Dining
Hall;
Meetings with identified stakeholder groups to understand their needs and
perspective.
University Enrollment
SOU's enrollment for Fall 2008 [including the Higher Education Center in Medford]
was 5,082 students [head count]. for a full-time equivalent of 3,851. This was an
increase of 246 students [5.1%] in head count, and 86 FTE [2.3%] relative to the
prior fall. Enrollment at SOU has been relatively steady over many years, but is
projected to grow under this Master Plan Update to 6,000 students.
Campus Structure & Zones
The 164-acre SOU campus is divided into roughly equal land areas by Siskiyou
Boulevard. The southern portion [South Campus, 70 acresJ represents the heart
of the campus with virtually all academic uses and a majority of residential and
student life activities. The north area [North Campus, 94 acres] includes athletic
buildings and fields, and some residential uses and student life activities.
Several sub-areas of program concentrations exist on both the North and
South Campus [Figure 3J. There are a number of opportunities to strengthen
the relationship between these districts as new developments and building
renovations occur.
South Campus Sub-Areas
The South Campus is the main campus area, with most of the older buiidings, and
the defining open spaces of the campus.
Academic Core and 'Outer Core'
The Academic District makes up the majority of the South Campus. The inner
core includes all of the academic buildings and the most central administrative
buildings, including Education/psychology, Music, Theater, Taylor, Computing
Services, Central, Science, Britt, Churchill, Hannon Ubrary, and the visual arts
cluster [Marion My, Schneider Museum, Art and Deboer Sculpture]. There is also
a discernible 'outer core' of faciiities that are somewhat more isolated but have a
relationship to the core. This includes the Plunkett Center, the Central Utility Plant,
Cox Hall, and the Student Health and Wellness Center.
CAMPUS MASTER PlAN UPDATE [12,APRIL,10 DRAFTJ
EXiSTING CONDITiONS
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Boulevard, at Churchill Hall.
13
EXISTING CONDITIONS
Figure 3: Campus Zones
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r:.....mi:... . . c::J academic core L---.JreSldentl811lfe campus partnerships c::::JunlverSltydlstTlct:
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14
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SOUTHERN OREGON UNIVERSITY
Student Ufe Zone
A student life district exists up the hill from the academic district, consisting of the
residence halls: Susanne Homes, Madrone, and Cascade Complex. University-
owned houses are scattered along the South Campus perimeter and throughout
the adjacent neighborhooc.
Campus Edges - Outreach Potential
Several campus facilities provide a programmatic element that specifically
includes community outreach. Typically located at the campus edges, Cox Hall
[Eiderhosteijconference facility], the Plunkett Center [alumni center] and the
Campbell Center [lifelong learning programs] all provide a larger community
interface function on campus. By nature of both their program and location, each
of these are entry points to the campus for some users.
Siskiyou Arboretum
In 2003 a local multi-disciplinary planning team [including Covey-Pardee]
ptepared the master plan for the proposed Siskiyou Arboretum. located uphill
from the Science Building on Roca Street. The facility was designed to provide
the University's Biology Department with a unique outdoor classroom dedicated
to the display and preservation of native Siskiyou flora on a site nestled within the
Roca Creek riparian corridor. Construction documents were also prepared for the
first phase of development, which will include riparian restoration earthwork and
planting. accessible trail construction, site grading. and irrigation improvements.
The Science faculty has identified the Arboretum as an important component
for future teaching and research. The timeline to implement the first phase of
construction is contingent on funding.
North Campus Sub-Area~
As shown in Figure 3, North Campus sub-areas include a student family housing
district, the athletics area, a cluster of student housing [Greensprings], an
expansion district, and the University District.
Housing
The student family housing district includes two groups of rental apartments [Old
Mill Village Phase 1 and Phase 2] and the Schneider Children's Center, a facility
that provides childcare services for SOU students, faculty and staff, and the
larger Ashland community. The Schneider Children's Center also offers SOU Early
Childhood Education students opportunities for practcum, research, and work
experience in the field.
Athletics Zone
The athletics district is anchored by McNeal Pa~iIion, where most of the student
athletic programs, classes, and facilities are housed. The district also includes
sports fields [football, softball, soccer, and recreation], tennis courts, the Raider
Stadium and running track, and surface parking for these facilities.
CAMPUS MASTER PLAN UPDATE [12-APRIL-1O DRAFT]
EXISTING CONDITIONS
The ECOS Community Garden on the
western edge of campus is one example
of a campus use that can help with
outreach to the larger community.
The site for the proposed Arboretum at
Roca Canyon.
Daycare at SOU's student family housing.
15
EXISTING CONDITIONS
Figure 4. Existing Campus Buildings and Campus Lands
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Existing Campus lands & B~ildi~gs
CJ sou owned lands
_ SO Zoning Designation,
by City of Ashland
Q SOU parking and paths 0 taxlots
iiI SOU buildings Cl buildings
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16
SOUTHERN OREGON UNIVERSllY
University District
A University district was also identified in the 2000 Master Plan and includes
the area along Siskiyou Boulevard between Mountain Avenue and Wightman
Street, extending approximately 400 feet north into the adjacent residential
neighborhood. As proposed, the University district is intended to provide private
property owners the opportunity to interface with SOU at a strategic campus
crossing zone. In addition, the Master Plan identified two key interface areas
[Churchill Core and Stevenson Core, located opposite from those two campus
buildings, respectively] that are suitable for larger mixed-use developments that
could benefit both the SOU community and private property owners.
An expansion district was also identified in this area by the 2000 Master Plan
as being an area for additional student housing and public-private, mixed-use
development along Ashland Street, and the proposed Jefferson Public Radio
development. This area also includes the facilities of Rogue Valley Television
[RVTV], the facilities and housing maintenance and yard, and other campus uses
that are appropriately more remote from the core of the campus.
University Partnerships
A satellite district [Mark O. Hatfield Environmental Sciences Complex] exists north
of the railroad tracks and Creek to Crest multi-use trail. The complex is comprised
of the Oregon National Guard Armory, a US Fish and Wildlife Forensic Lab, and the
ScienceWorks Museum. The organizations housed in the complex lease the land
from the University but otherwise generally act independentiy.
. Buildings
The scope of this Update did not include a full building-by-building assessment of
the University's building stock. However, several buildings with particular known
needs were assessed in parallel with the planning process.
SOU has recently commissioned a series of five facility condition analysis [FCA]
studies, on the following buildings: Churchill Hall, Britt Hall, Central Hall, Science
I. and McNeal Pavilion. These reports are summarized brieflY in Appendix 2. In
general terms, all five buildings require upgrades to most systems evaluated
and would therefore benefit from a systematic upgrade. The University hopes to
incorporate modest but needed program-driven improvements to these facilities as
they are upgraded.
The Theater Arts building has identified programmatic shortcomings and is
currently serving roughly four times as many students as its design supports.
A Statement of Need for Modification of this facility was prepared in 2000,
and identified a strategy to improve the facility that includes both addition
and renovation. Major needs included a rehearsal studio separate from the
performance spaces, a new classroom, an upgraded costume shop, and several
improvements to the existing design loft, lab and offices.
The Cascade Complex is also projected to need either replacement or major re-
investment under this Master Plan Update. A study conducted in 2008 found that
CAMPUS MASTER PLAN UPDATE (12-APRIL-10 DRAFT]
EXISTING CONOITlONS
Businesses along Siskiyou benefit from
the presence of the University.
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several partnerships located at the far
northern edge of the campus.
17
EXISTING CONDITIONS
Figure 5. Existing Vehicular Circulation & Parking'"Fiiicifities
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Existing Transportation
_arterialstreet(public)
_ collectorstreet(public)
_ collector street (private)
.... campus road
....... service road
o par1dnglot#
_ parking lot
transit line
. transit stop
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18
SOUTHERN OREGON UNIVERSllY
it would require approximately $7.6 million in construction costs alone to upgrade
the kitchen and dining facilities in place to current standards'. The study also
noted several limitations of the building that would not necessarily be addressed
. under the project as described: the poor location and access to the loading dock
and impacts on circulation within the residence halls that comprise the rest of the
complex.
The Cascade residence halls themselves have several known limitations, including:
. Undesirable configuration with central toilet/bathing facilities;
. Security concerns related to the many entry points;
. Observed structural damage due to corrosion of pipes embedded in slabs;
. ,
. Identified seismic deficiencies;
. SystematiC inefficiencies and deferred maintenance in the heating and
plumbing systems;
. General age of the building and negative perceptions by students.
Many SOU campus buildings would benefit from some degree of reinvestment
and/or reconfiguration of programs to improve utilization. However. with limited
resources anticipated in the coming years. it will be necessary to set clear priorities
for pursuit of both OUS funding and other sources. Priorities should be set based
on a strategy of [iJ increasing programmatic efficiencies. [ii] reducing maintenance
costs and [iii] improving the campus iayout.
Vehicular Circulation and Parking
Siskiyou Boulevard Corridor
Vehicular circulation to the campus is along public local streets with the large
majority accessing the campus from Siskiyou Boulevard. Traffic from points
east and south uses a combination of Siskiyou Boulevard and Ashland Street
to approach the campus. These two rOads converge at the campus with a
complicated intersection that is linked to the intersection of Siskiyou Boulevard,
Indiana and Wightman Streets. Siskiyou Boulevard is a major arterial with ultimate
administrative control by the Oregon Department of Transportation [0001]. The
highway through Ashland was recently improved. including access management
[driveway formalization and consolidation] and improvements to the segment from
Wightman Street to Walker Avenue to include full sidewalks, bicycle lanes, four
travel lanes and a landscapec median/center turn lane.
Pedestrian crossing safety has been improved at the four non-signalized
intersections along Siskiyou Boulevard subsequent to the installation of tactile
warning strips, pedestrian refuges. lighting, advance stop bars. and flashing
beacons. Still, crossing Siskiyou remains an uncomfortable and potentially
dangerous pursuit and was raised as a key concern by SOU students. faculty and
staff. Since 2000, there have been 90 accidents on Siskiyou Boulevard [46 of
which have involved pedestrians in the crosswalks] including a fatality in February
of 2008.
2. SERA Architects, for SOU. Cascade Commons Vision Study, 2008.
CAMPUS MASTER PLAN UPDATE [12-APRIL-tD DRAFTI
EXISTING CONDITIONS
~~~tl;_~:
Diverse architectural styles and ages of
campus buildings.
19
EXISTING CONDITIONS
Figure 6. Existing Bicycle Facilities and Parking
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_ Bikeways and Bike Parking
_ on-street bike lane _ multi-use pathway
_ shared on-street bikeway {- _J designated 'safe route to schools'
EBO
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20
SOUTHERN OREGON UNIVERSITY
EXISTING CONDITIONS
Figure 7. Existing Pedestrian Corridors
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. MASTER PLAN UPDATE
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CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFT]
21
EXISTING CONDITIONS
Crosswalks at Siskiyou Boulevard_
Many of the entry paths off of Siskiyou
Boulevard are informal and ad hoc.
Some parking areas double as majo(
pedestrian ways. Campus parking lots
do not typically include good pedestrian
circulation and tree pJantings.
22
Transit service to the campus is part of the rewonal Rogue Valley Transportation
District [RVTD], which serves Ashland and Medford, as well as Talent, Phoenix,
.
Central Point, Jacksonville, and White City,
Vehicle, Bicycle and Pedestrian Circulation
South of Siskiyou Boulevard, a general pattern of circulation limits vehicles to
perimeter areas, and reserves the heart of the campus for non-motorized uses,
including bicyclists, pedestrians and skaters, The perimeter circulation system
is largely dedicated to vehicle movement and parking [Figure 5] and includes
Mountain Avenue, University Way, Indiana and Ashland Streets, internal service
roads, parking drives, and Siskiyou Boulevard, The southern portion of this loop is
somewhat unclear as it relies on a circuitous route of unmarked service roa-ds and
parking lots, On this southern perimeter loop, in particular, vehicular circulation
and parking lacks clearly defined boundaries, a condition which creates potential
conflicts with the numerous pedestrian movements through this portion of
. campus.
For the pedestrian, the heart of the South Campus is linked by a northwest-
southeast network of pathways and open spaces that connects the major
buildings [Figures 6 and 7], The buildings along this corridor generally have two
'fronts:'. one that is oriented to the central campus green and the other to parking
lots or Siskiyou Boulevard, This consistent pattern is one aspect of the campus
that should be clarified and enhanced with future development or renovations
[See Design Guidelines section].
The North Campus is roughly bordered by Ashland, Wightman, East Main and
Walker Streets, which provide vehicular access and limited pedestrian access
[sidewalks are generally on one side of the road], Bicycle access is provided on
Ashland Street, Walker Avenue and East Main Street, via striped bicycle lanes;
Wightman is a shared roadway_ The Creek to Crest multi-use trailtravels through
the northern portion of the North Campus and provides a rewonal connection to
Downtown Ashland, the Bear Creek Greenway and, ultimately, to Medford_ Iowa
Street bisects the North Campus and links Ashland High School, Ashland Middle
School and Walker Elementary School.
The southern portion of the North Campus has vehicular access on Stadium
Street, Webster Street, and College Way [Figures 5, 6 and 7], Pedestrian and
bicycle access is formally and informally provided on these roads, and consists
of a loose network of sidewalks and pathways between McNeal Pavilion and the
. South Campus, One of the bigger pedestrian circulation challenges on the North
Campus is providing clear access to Raider Stadium_ Stadium pathways and
entrances are ambiguous and accessing them requires navigating through parking
lots and loading areas, In addition, most of the North Campus athletic fields are
fenced and restrict pedestrian access along Walker Avenue and Iowa Street, which
can contribute to out-of-direction travel and create a disincentive to walking.
SOUTHERN OREGON UNIVERSITY
There is no sidewalk on the west side of Walker Avenue between Ashland and Iowa
Streets, and there is only a short length of sidewalk on the west side of Walker
Avenue between Iowa and East Main Streets_ The lack of sidewalks on the west
side of Walker Avenue limits Safe Routes to Schools for students walking to Walker
. Elementary School and the Ashland Middle School.
Parking _
Campus parking is primarily in off-street parking lots owned by the University [see
Figure 5 for numbered parking lot locations]. Commuter student parking In the
South Campus is located off Mountain Ave, adjacent to the Theater and Music
buildings [in Lot 36, west of Mountain and Lot 30, East of Mountain], Commuter
students can also park in the small lots south of the Science Building [Lot 24] and
west of the Plunkett Center [Lot 34]_ Faculty and staff parking is provided along
University Way [on-street], behind the Computing Services Center [Lot 27], behind
the Hannon Library [Lot 21/22], Britt [Lot 29], and the Center for the Visual Arts
[Lot 19]. The Cox Hall parking lot [Lots 12/13] is a muiti-use lot, serving on,-
campus students, commuter students, faculty, and staff and university visitors,
However, short-term university visitors are currently directed to the fee lot between
Britt Hall and Siskiyou Boulevard [Lot 29], where the admissions office is located,
Residence hall parking is located behind Madrone Hall [Lot 20a] and on the east
side of Cascade [Lots 15 & 16]_ Limited on-street parking is available on Indiana
and Madrone,
North Campus parking lots are generally located at the southern end of the district
near McNeal Pavilion and Greensprings housing [Lots 4 and 38 and Lots 5, 7, 8
and 9, which are arrayed along the Stadium Street loop], These permit lots serve
both commuter students and resident students with cars, Two large parking lots
[Lots 1 & 41] between Webster and Iowa Streets serve stadium and sports field
events as well as commuter students, On-street parking is available on Wightman
Street and one side of Walker Avenue,
Since there are no residential parking restrictions in the neighborhood north
of Siskiyou Boulevard, many students, faculty and staff park on the residential
streets_ This results in increased p~destrian crossings of Siskiyou Boulevard at the
four non-signalized intersections,
CAMPUS MASTER PLAN UPDATE [12-APRiL-10 DRAFTI
EXISTING CONDITIONS
Table 2: Parking spaces by lot/cluster.
See Figure 5 for fot locations.
Lot Location
1 West of McNeal 167
2 N. Stadium Way 27
3 West of Greensprings 20
4 Northwest of Greensprings 39
5 Drive east of Greensprings 22
6 Webster Street 24
7 East of Greensprings 34
8 North of S. College Way 42
9 South of S. College W<1j 40
10 East of Art East 14
11 North of Student Health 17
12/13 North of Cox Hall 163
14 Madrone Street 18
15 Street east of Cascade 34
16 South of Campbell Center 36
18 South of Art Building 9
19 South of Marion My 25
20 East of Suzanne Homes 21
20A South of Madrone Apts. 36
21 South of Ubrary [East] 51
22 South of Ubrary [West] 22
23 East of Heat Plant 11
24 west of Heat Plant [North] 46
25 west of Heat Plant [South] 10
26 South of Central Hall 16
27 S. of Computing Services 108
29 On Siskiyou Blvd. 52
29A North of Stevenson Union 19
298 East of Britt Hall 8
.30 South of Theatre Bldg. 133
31 West of Theatre Bldg. 9
32 South of EdJi's)<:h. Bldg. 47
34 West of Plunkett Center 38
35 South & West of RV1V 21
36 Large Mountain Ave. lot 404
37 University Way 56
38 South of McNeal 23
39 FMP/Housing 46
Maintenance
40 North of Campbell Center 5
41 Wightman & Iowa Streets 60
1982
23
EXISTING CONDITIONS
Landmarks along major paths can help
with wayfinding, in addition to creating
points of interest and commemorating
campus history.
North-facing spaces are less utilized than
south-facing. Due to the orientation,
spaces such as the entry to the SU and
the south side of Britt Hafl have a better
chance of success than those on the
north side of buildings, such as Taylor or
Sciences.
24
Campus Legibility
Good campus and urban planning practice recognizes that people tend to
experience a place by.moving along paths that connect activity areas, or "nodes,"3
Landmarks help to demarcate areas and provide a framework for wayfinding,
and gateways help people to understand when they are moving from one zone to
another.
In general terms, the core of the SOU campus has many of these organizing
principles - an integrated system of pathways, buildings, and open space - which,
if strengthened, will help make the campus more 'legible' to visitors and regular
users, Campus legibility has several direct and indirect benefits. In pragmatic
terms, it contributes to wayfinding by assisting new and occasional campus visitors
to navigate the campus easily and to locate their destinations_
In more abstract terms, legibility and physical appearance can also help make a
campus more memorable, There is some evidence that the ability to cultivate a
memorable place can translate into higher rates of involvement - and ultimately
support - from alulTlni. According to one 1987 study,' 62% of high school seniors
chose their institution of higher learning based on the appearance of the campus
architecture and landscape,.and most of them made the decision within the first
fifteen minutes of arriving. Later studies have supported this conclusion,
Open Space and Grounds
Open spaces on the SOU main campus fall into several categories: active gathering
spaces, contemplative spaces, and paSSive spaces, such as the sloped lawn
areas, that are used for studying and recreation, There are also several spaces
which have been provided as gathering spaces, but remain underutilized, Several
.- of the building entry landscapes - especially those on the north side of buildings
- reportedly do not get the level of use befitting the investment made in them.
Examples include the plazas north of the Science building's west wing, the north
. entry to the Cascade complex, the terraces north of Stevenson Union, the south
entry plaza of Britt Hall and to a lesser extent, the Visual Arts Complex Plaza,
Some spaces, such as the south entry to Britt Hall, have optimal orientation and
connection to pedestrian activity, and could be much more successful if they were
renovated to replace outdated design elements and overgrown vegetation_
Much of the core open space on the campus is used primarily as a circulation
space and for casual use by students. The series of open spaces that start
at Hannon Ubrary and reach toward the Stevenson Union and further west
are primarily spaces to move through, though there are some successful'
contemplative areas within them_ Opportunities exist along this circulation spine
in the heart of the campus to enhance existing activity nodes or develop new ones.
The campus has a need for more centrally located outdoor gathering areas for
students, faculty, and publiC assemblies, Developing clearly defined plazas and
3. Kevin Lynch developed the vocabulary of urban design elements in The Image of The City, and it has
been buiLt upon throughout pLanning literature.
4. Ernest Boyer, "College: The Undergraduate Experience In America. Harper & Row, 1987.
SOUTHERN OREGON UNIVERSITY
Site Furniture and Ughting
As a result of development over several decades through periods of divergent
architectural styles, the site furniture lacks consistency in style and materials,
The current facilities planning staff has made a concerted effort to establish and
implement a uniform style for benches, trash receptacles, bike racks, guard rails,
sign bases, skateboard deterrents, pedestrian shelters, and other miscellaneous Plaza at Britt Hal/_
site amenities throughout campus, Similarly, facilities staff has begun to replace
aging and mismatched styles of existing site lighting with a standardized light pole,
luminaire design, and lamp type.
'sub-plazas' in this area can strengthen open space continuity and enhance
visual legibility, The paving materials connecting these nodes are mixed and
generally lack a clear hierarchy between primary and secondary circulation routes,
Delineating circuiation hierarchies with standardized paving materials can help
improve visual clarity and wayfinding throughout campus,
Trees and Vegetation
In the spring of 2008, an Environmental Studies student completed a capstone
project to convert specific conventional landscape areas on campus to xeriscape,
or low water usage, planting areas, Environmental Studies faculty members have
encouraged subsequent students to continue expanding on the initial Xeriscape
Plan in their capstone projects. The campus has begun to implement selected
demonstration xeriscape plots identified in the Xeriscaping Plan, to assess its
performance and introduce the concept to the campus community, Several sites
have been discussed for this type of installation, inciudingthe southeastern end of
the system of paths in front of Churchill Hall, facing Siskiyou Boulevard,
The existing campus tree canopy is exceptionally diverse and rich in horticultural
value, particularly in the central zone of the South Campus, A balanced mix of
deciduous and coniferous species, including Oregon and California natives, provide
a pastoral campus atmosphere and ample shade for pedestrians_ The North
Campus has less tree cover and could benefit from additional planting in strategic
locations to increase shade canopy for athletic facility participants and spectators.
Due to a high level of care and management by campus maintenance personnel,
the tree canopy is in a healthy state and has increased steadily over the last
several decades_ Although speCific maps of campus trees currently do not exist,
maintenance staff has an interest in developing a GIS database of tree canopy in
cooperation with the geography department, and this study could be an invaluable
tool in monitoring the overall health of existing trees. The horticultural staff of the
Ashland Parks and Recreation Department has developed a list and a walking tour
of significant trees, primarily on the South Campus,
In the older portions of campus, the existing understory landscape is overgrown
and aging. and presents a safety risk to pedestrians traversing campus at
night. An inventory of existing landscape plantings to assess their condition and
recommendations for replacement would benefit the overall effort to upgrade
campus grounds.
EXISTING CONDITIONS
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CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFT] 25
EXISTING CONDITIONS
The presence of loadIng docks along
the main public frontage of the campus
undermines the first impressions of the
campus.
26
Opportunities and Constraints
The existing conditions analysis is summarized in the form of an Opportunities
and Constraints diagram [Figure 8J, This type of planning diagram is a map that
indicates the places where opportunities for development and/or improvement
to the campus structure exist, as well as constraints or factors that represent
problems or limits to campus development
Opportunities include potential development sites but also features that are
successful amenities which should be maintained or enhanced_ Constraints
include specific limitations to development, and known or perceived problems that
need to be addressed_
1. One of the major opportunities to increase the quality of the campus is to
continue to reinforce the main pedestrian spine through new plantings,
development of plazas and outdoor activity nodes, improved sight lines,
and better orientation and articulation of building entries,
2. The Siskiyou Boulevard face of the University presents several
opportunities for improvement Current entries to the campus often
approach loading docks and service uses [Stevenson Union and Britt Hall,
in particularJ, which are not well screened from public view_ There is a
need for a more deliberate and welcoming approach both from the west
and the east.
3. The pedestrian crossings of Siskiyou Boulevard are indicated as a
constraint, largely because they were identified by a cross-section of
stakeholders as a perceived safety concern, which was likely increased
due to the pedestrian fatality in 2008, as noted above, .
4, Cascade Complex's long-term status and the need to re-evaluate housing
options emerged as a major opportunity,
5, The needed renovation and expansion of Theater Arts introduces an
opportunity to improve the campus in this immediate area,
6, The expected improvements to the Sciences complex create an
opportunity to better link these critical programs to the academic core of
the campus
7_ Renovations of buildings under the deferred maintenance program will
allow for modest improvements to selected buildings_
8. There are several opportunities to infill housing or other development in
campus areas with inefficient current usage,
9_ The campus edges offer an opportunity to infill appropriate development
types such as faculty housing_
10, The softball fields north of Iowa Street are no longer used by the City of
Ashland's Parks and Recreation Department, and present an opportunity,
11. Important links, such as the multi-use Creek to Crest Trail, also present
opportunities to encourage alternative transportation and links to
surrounding neighborhoods,
12, The Roca Canyon area has been identified as an arboretum, and a plan
has been created for this area [see Appendix 3J, This project is an exciting
opportunity for the campus and the community at iarge_
SOUTHERN OREGON UNIVERSITY
EXISTING CONDITIONS
. MASTER PLAN UPDATE
-. Southern Oregon University
Opportunities & Constraints Map
o SOU parking and paths
eJ SOUbuildinp
o SOU campus boundary
CJ potentialuniversitydiStrlct
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CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFTI
27
MASTER PLAN
Figure 9. Framework Diagram
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28
SOUTHERN OREGON UNIVERSITY
Master Plan
Framework Plan and Campus Structure
The Master Plan Update provides a long-range vision for the campus based on a
clear organizational structure or framework that meets several goals, all of which
act together to build a sense of place. support learning. and help attract and retain
students:
. Enhance student life by increasing the percentage of students living on
campus and by providing modern housing with amenities that have been
demonstrated to attract students,
. Plan for long-term growth of the campus by reserving land for future
academic needs,
Improve the approach and entry sequences to the campus to build its
presence within the community.
Reinforce the main campus open space as the heart of the campus and
extend this spine to other areas of the academic core.
. Improve connections to the north campus area and continue to improve
pedestrian safety with appropriate measures at Siskiyou Boulevard
crossings,
. Provide for appropriate development types and scale at campus edges that
border residential neighborhoods,
This section describes the proposed and recommended projects that the University
will undertake within this planning cycle in order to advance this long range vision.
The following sub-sections address specific aspects of the plan: Open Space.
Buildings [including Academic and Housing], and Circulation [including parking].
Open Space
Enhanced Pedestrian Core
SOU has a strong and recognizable campus core, but there is room to enhance
and add definition to the campus that will both improve wayfinding and the overall
quality of the campus grounds,
A passenger drop-off is proposed on University Way at Stevenson Union to anchor
the west end of the pedestrian core of the campus: the intent is similar to the role
the circle at Hannon LIbrary plays on the eastern end of the core. Motor vehicles
would only be allowed to penetrate the southern campus core as far as these two
locations, allowing the rest of the campus core to be entirely pedestria~riented.
[See Circulation section for more detail.]
The vehicle drop-off point would be coupled with improvements to the segment
of University Way between the Stevenson Union and Ashland Street to the south,
including;
. Improved pavement at pedestrian crossings in this area to improve the
sense of connection between the core campus and the performing arts
area at the Music and Theater buildings;
. Closing University Way in this area either at all times or during peak
pedestrian times and prior to events at the performing arts buildings,
CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFT]
The central campus walkway connects the
Stevenson Union and Hannon Library, and
extends east to the Cascade Complex, as
well as west to the Music Building and
student parking areas.
With the current plantings, one can just
see the front of the SU from the area in
front of Hannon LIbrary,
29
MASTER PLAN
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MASTER PLAN UPDATE
E!J SOU buildings
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30
SOUTHERN OREGON UNIVERSITY
In order to link the core campus open spaces together in a manner that creates a
clear and deliberate sequence of spaces. several recommendations are made:
Main Campus Quadrangle
The existing main open space - generally bounded by Stevenson, Taylor, Central.
Britt, Hannon, and Churchill - is the defining open space of the campus. although
it is in some ways two distinct spaces, The upper segment, closer to the Hannon
Library and Churchill Hall, is more enclosed and wooded, and the path feels like
a meander through the woods, The lower segment of this main campus spine is
more open and in some ways resembles a traditional campus quadrangle [quad].
although there is somewhat steep topography descending from southwest to
northeast
Depending on the season and amount of tree canopy, one can see from the library
plaza to the SU plaza. and thereby orient to the campus layout The path from the
Library to the Stevenson Union is the widest of the many paths through this area.
but some minor measures could improve wayfinding through here and 'celebrate'
this important heart of the campus, For example. there is some potential for
confusion as to which path is the major spine at the point where Ashland Street
diverges toward the south side of Central Hall, It is recommended that the main
campus path from Hannon Library to Stevenson Union be upgraded to clearly
signify that is the primary pedestrian route through the campus_ The path should
use enhanced paving, that incorporates color and texture. and furnishings.
As currently configured, this central sequence of spaces offers few opportunities
to stop and congregate, Although the main quadrangle and path may continue to
function best as a circulation space, adding small gathering areas - in the form of
sub-plazas - can strengthen open space continuity in the heart of the campus,
There is also an opportunity to take better advantage of the southern orientation of
the Britt Hall entry, The existing plaza space should be updated by connecting it to
the main path, removing trees. and opening up a space to improved sun exposure
on the main circulation spine.
Stevenson Union Plaza
The plaza in front of the Stevenson Union is one of the liveliest spots on campus
and has southern exposure, Many campus open spaces are oriented to the north,
compromising their solar exposure, For example. the upper level outdoor terrace
at stevenson Union is north-facing and rarely used.
This entry plaza is one of the best locations on campus for a single large plaza
space. and the Stevenson Union program supports the further development of
this space as an actively programmed space where people can meet The existing
hardscape surface is appropriate to this use and could be expanded further into
the northwest corner of the main quad to accommodate larger events, This plaza
is one of the primary gathering spots on campus, and would benefit from adding
more places for people to sit, eat. study. and congregate, Adding well-placed and
coordinated site furniture can begin to define the space and make it more usable.
CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFT]
MASTER PLAN
The main campus open space transitions
in character from a wooded meandering
path near Churchill Hall to a more open
lawn in the area north of Central Hall.
The plaza at the SU is clearly one of the
most active outdoor spaces on campus.
The SU itself attracts students, and
the southern exposure helps tei shape
the space_ Seating and tables help
encourage people to gather,
31
MASTER PLAN
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A strong sculptural installation at the
drop-off circle would create a major
anchor at this major juncture in the
campus.
[example: Tanner Fountain, Harvard
University]
The lawn northeast of Theater and
Music is overlooked by slopes and could
readily be established as an informal
amphitheater, encouraging performance
to spill out from the surrounding buildings
and activate the space.
[example below: A bold sculptural
element-like this canopy at Coffee Creek,
Indiana - could act as a shelter and as a
landmark for the Arts area.]
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32
The sloping. landscaped area between the south side of Stevenson Union and the
north side of Taylor Hall offers an excellent opportunity to enlarge the existing plaza
space along the central walkway, This area could be designed as a small, stepped
plaza with additional seating, to enhance separation between activity nodes and
the main circulation routes,
Stevenson Union Drop-Off Circle
The drop-<lff circle proposed for University Way is a primary opportunity for a main
vehicular entry plaza_ This element would help to engage the visitor with more
detailed campus informational signage and directional guidance_
Design elements of the plaza should focus on the visitor's arrival sequence,
pick.up and drop-<lff, and the transition from auto to pedestrian circulation. This
is an ideal location for a low.volume or zerO<iepth water feature. possibly with a
sculptural element, that acts as an interior gateway for first time campus visitors,
Informal AmphItheater
Presently the performing arts complex is separated from the Stevenson Union
activity node by a large grade change, overgrown vegetation, and vehicle traffic on
University Way. The small lawn area east of Music and north of Theater has slopes
on the west and south, and could be easily transformed into a small informal
gathering area. The following improvements are suggested:
. Verify that surrounding uses do not create inappropriate noise sources;
close University Way to vehicles during larger events in the space,
. A small platform at the northeast corner of the space would encourage
informal performances by musicians or actors from the adjacent facilities.
If a simple shell covering were included, its visibility from the Stevenson
Plaza area would help to visually link the performing arts to the main area
of campus,
. Extend pedestrian improvements from University Way into the amphitheater
space, and strengthen visual and physical linkages to the Arts core.
Madrone Plaza
Although the location for student housing will gradually shift from the South
Campus to the proposed new residential core in North Campus, an apparent need
exists now for an outdoor gathering area for on-campus residential students in
the vicinity of Madrone and Indiana, One strategy would be to initially develop this
plaza as a 'soft' open space - with mostly plant materials - that can be converted
into a hard--scaped active space when this area of the campus transitions to
academic facilities,
Outdoor Classrooms
While significant new plaza spaces may be developed best in conjunction with
larger capital improvement projects, small outdoor classrooms and 'pocket plazas'
could be developed sooner for a relatively low cost. The goal of adding these
pedestrian-friendly spaces is to improve connections to the central open space
spine and create more opportunities for students, faculty, and visitors to interact.
Additions such as these can yield significant improvements in wayfinding and
visual clarity,
MASTER PLAN
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MASTER PIAN UPDATE
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CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFTJ
33
MASTER PLAN
Study. alone or in groups - is an
important role of the many fawns on
campus.
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Plans for an Arboretum at Roca Canyon -
for teaching and general enjoyment - have
been developed.
34
Arboretum
The Roca Canyon Arboretum plan will be developed as resources allow_ This plan
[shown in Appendix 3] will establish the arboretum as a learning resource_ This
facility will also help with outreach to the larger community, with interpretive signage,
It is strongly recommended that the Roca Street frontage be improved as the
Arboretum is developed, to create a character more defined by the Arboretum and
less by the existing residential sub-division character..
Academic Buildings
Anticipated Capital Projects: Renovations and Expansions
Generally speaking, projected university enrollment under this Master Plan can
be accommodated in existing academic buildings. as there are opportunities to
expand scheduling and classroom utilization_ As detailed in Table 1, current campus
buildings total 1,423.882 square feet of area, and current FTE is 3,851. a ratio of
370 SF per FTE enrolled. If that ratio is projected out to the projected FTE of 4,547
FTE, it would correspond to 1.681.223 SF, an additional 257,000 square feet.
Plan Detaif 1: Master Plan Detail of Academic Core
SOUTHERN OREGON UNIVERSITY
However, two specific buildings are expected to require significant capital
investment for renovation and expansion in the planning cycle covered by this
Master Plan Update: the Theater Arts complex and the Science I & II building
complex [see Plan Detail 1]. The University intends to submit for OUS Education
and General [Article XI-G Bonds] funding of these projects in this master planning
period. These funds require a local matching contribution from the campus, which
will likely be a limit on when the projects can move forward.
An expansion of the Theater Arts complex was identified in the 2000 Master Plan
as a priority project. based on enrollment three times the design capacity of the
space, Since that plan, enrollment has grown to four times the facility's design
capacity, A conceptual design for renovation and modest expansion of the Theater
Arts complex - including a review of deferred maintenance and specific needs -
has been completed, and the University and Foundation have undertaken local
fund-raising in support of this renovation, Among academic building projects, this
is considered the top priority project for both OUS and private funding.
The Science cluster - two joined buildings dating from 1959 and 1967 - is also
in need of significant reinvestment and expansion, The University has conducted
an initial study to define a project that would address major renovation' needs, A
fOllow-up study will be conducted to more tightly define the project prior to seeking
OUS funding. As discussed below, other sources of funds for remediation are also
being pursued for the older of the two wings [Science I],
It is likely that some expansion of the Science complex will be needed to
support contemporary teaching and research needs, It is also possible that
the programming and design team for this project will determine that part of
the Science complex warrants replacement rather than renovation_ The area
north of the existing Science complex, including parking lot 27, is included in the
opportunity site for this project to allow flexibility to replace part of the complex. if
needed_
Deferred Maintenance and Seismic Remediation Projects
As discussed in the Existing Conditions section and summarized in Appendix 2.
five campus buildings have been identified as priority projects, subject to Facilities
Condition Assessments_ The University intends to pursue dedicated funding for
these projects through the OUS Combined Deferred Maintenance and Seismic
Remediation Program, For Science I, the intent would be combine these funds
with OUS XI-G Bond funds to undertake needed upgrades to the building efficiently
and holistically.
Programmatic Improvements
Consistent with the 2000 Master Plan, several programs would benefit from
modest improvements and/or consolidation of their program spaces, As building
renovations for rehabilitation needs are scheduled, it is recommended that a
programming component be included in the design phase to identify appropriate
enhancements to accommodate programs likely to be housed in each facility_
Figure 12 summarizes the future status of campus buildings.
CAMPUS MASTER PLAN UPDATE [12-APRIL-1O DRAFTI
MASTER PLAN
The work at Theater Arts will include a
much-needed upgrade of the facilities_ It
should also include exterior elements to
improve the qualities of the area between
Theater and Music, to make a more
welcoming gateway for visitors attending
events here and daify campus users.
A preliminary program for renovation and
.expansion of the Sciences buildings has
been created, and will be updated prior to
this project.
35
MASTER PLAN
Figure 12_ Building Status
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I ~iI MASTER PlAN UPDATE
_..,,:-'" - ,:' Southern Oregon University
...M";~ Building Status Pliln
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= SOU buildings
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36
SOUTHERN OREGON UNIVERSITY
Housing and Student Life
Residence Halls
Under this Master Plan Update, the major changes in the physical structure of the
campus will be associ~ted with student and f~culty housing. The University will
pursue construction of new housing to current standards to serve three goals:
. repl~ce older housing structures that ~re ne~r the end of their useful life:
. exp~nd the percentage of students housed on campus in order to increase
the number of upper division students who live in campus housing and to
help improve student retention;
. maintain a compact campus with housing within a 5-minute walk of the
campus core.
New student housing will be constructed on the north campus, but within a
walkable distance from the heart of campus, The intent is to create a cluster of
housing that will support a more pronounced student life zone on c~mpus, and still
contribute to a walkable scale [see Plan Detail 2],
There is significant national evidence that increasing the number of students living
on or near a campus can improve student involvement, retention and academic
perform~nce.5 Studies have linked the provision of modern, quality housing for
first year students to a university's appeal to incoming students_ Internal analysis
by the University indicates that lack of appropriate housing for upper division
students contributes to less-than-desired retention_. The University is undertaking
market preference studies in parallel with this Master Plan Update to attain a more
detailed ~ssessment of housing types and their expected reception in the market
Currently, the University houses approximately 25% of students in campus
housing, with approximately 690 residents in the Cascade Complex_ The University
aspires to increase this percentage, in order to accomplish two key goals:
. improve the student experience by supporting a strong undergr~du~te
residenti~1 experience;
. reduce the impacts of commuting to campus by automobile by increasing
the amount of housing close to the campus,
5. See Mimi Benjamin and Craig M. Chatfiand "The Role of Residence ute Programs in
Recruitment. Transition and Retention" in Residence Ufe Programs and the New Student
Experience, William J Zeller. editor, ACUHO.
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CAMPUS MASTER PLAN UPDATE 112-APRIL-10 DRAFT]
MASTER PLAN
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The Cascade compfex is eight residential
halls organized around the dining hall and
kitchen.
Susanne Homes ["Suzie"] is the oldest
residence hafl on campus and is
considered popular among the current
housing options, due to its higher ceilings
and ~arger room sizes. Its 'ocation at the
edge of the academIc core could also lend
it to other uses over time.
Greensprings and Family Housing
are already located north of Siskyou
Boulevard,
Plan Detail 2: Master Plan Detail at new
quadrangle on North Campus,
Blue lines indicate approximate 5 minute
walking distance from Hannon Library,
37
MASTER PLAN
Madrone Hall has offe,ed SOU students
an apartment option for housing, and has
proven to be a popular model.
Housing for students with families is
complementary in scale and design with
adjacent residential neighborhoods.
Figure 13A. Suite-style student housing
Figu'e 138. Apa,tment-sty/e housing
38
Table 3: Current Campus Housing, by Facility
University Housing
Cascade Complex:
Aspen
Baker
Ceda'
Diamond
Emerald
Forest
Glacier
Hawthorne
# of Students
approx 70
app'ox 70
60
80
B9
86
54
87
96
approx 692
376
108
96
1272
980
Ivy
Cascade Total
Greensprings
Susanne Homes
Madrone Apartments [24 4-student quad apartments]
Total, Design Capacity .
Current Functional Capacity"
* -Represents reduced capacity, based on utilization for nolH8Sldentlal uses.
Family Housing:
Old Mill Complex
Individual Houses
165
33
As indicated in Table 3 above, total residence hall housing equals 1,272 beds, A
recent housing survey conducted for the University identified that a reasonable
near-term goal would be to build 670 beds of new housing to serve the existing
student body. This figure includes an estimated demand of approximately 400
beds from current commuting students and approximately 270 from residents of
the Cascade Complex that would likely locate to new campus housing, It is also
possible that Susanne Homes would be adapted away from residential uses, and
that these beds would be replaced by new housing.
,
Therefore, the University expects to build new student housing under this master
plan to replace the quantity currently provided by Cascade Complex [approximately
692 beds], as well as the quantity currently provided by Susanne Homes [108
beds]. Taken together, the University's goal under this Master Plan Update
is to build up to 800 beds of new student housing, replacing older buildings,
Successful new housing will contribute to the above goals of reduced commuting
and improved community because existing housing is under-utilized currertly,
Housing Types
The standard of quality for undergraduate college residences has improved in the
decades since most of SOU's campus housing was built. Contemporary student
housing tends to offer more privacy, independence, and amenities than older
dormitory models_ This has been demonstrated to improve both interest in a
campus by prospective students and student retention. There is growing evidence
that the community building activities that typically occu' in well-<iesigned, well-
operated housing also contribute to improved academic performance,
SOUTHERN OREGON UNIVERSITY
Suite and Apartment-Style Housing
Figures 13A and 13B show two conceptual residential configurations, Both differ
from traditional dormitory models by including bathrooms adjacent to smaller
clusters of private rooms, In the case of a suite, two private rooms - which could
be either single- or double-resident - share a bathroom_ In the same suite, there
is another pair of sleeping rooms with a shared bath_ The cluster of four rooms
and two baths then share a common living area, Residents typically take all their
meals in a campus dining hall.
Another possible model, which offers an increased level of independence, is
the apartment style unit. This is often structured similarly to the suite, but the
living area also includes a kitchen, Residents often prepare some meals in the
apartment and take others at the dining hall, This housing choice is especially
attractive to older and more independent students_
Mixed-Use Construction
The University will pursue mixed-use construction in areas where it is appropriate,
In particular, the opportunity site located on the north side of Ashland Street,
east of Greensprings is an ideal site for a mixed-use building with the potential for,
shops below and housing above, This development approach provides a cost-
effective way to develop by sharing fixed costs between university residential and
commercial development.
Mixed-use development also provides a better urban environment, as there tend to
be both day and night activities in a mixed-use area, providing 'eyes on the street'
at more times. In order to ensure a viable project. a variety of ground ftoor uses
would be allowed, including office and potentially academic uses; retail would be
preferred when economic conditions will support it. Figure 14 shows a diagram of
one way that this type of project could be configured,
Potential for solar pan~lson south-fagng roof ,8U~ceS
Student residential uriits-above
Active'Streetscape with:
-awnings
-street trees
-bike parking
-benches
~her,furnishings
G~~ allow
parking and
bSsement'uses
at lower grade
CAMPUS MASTER PLAN UPDATE 112-APRIL-10 DRAFT]
MASTER PLAN
Mixed use construction: the combination
of retail below and housIng above helps
activate a street for more times of day,
contributin~ to more interest and safety.
[example: Portland, OR}
Figure 14 [below}, Mixed-use development
concept along Ashland Street
39
MASTER PLAN
/"'~/uster and Courtyard Housing models
. I Where site configuration allows, faculty
I housing can be configured in courtyard
I and. other cluster arrangements that
, provide shared open space, which can.
;
! help support community building.
: There are many time-tested examples
of cluster housing including bungalow
courts, cottage clusters and co-housing.
[examples below from Portland, OR and
Denver, CO]
i
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Sid""; FACU~TY HOUS'N: 10.;' St",:~~I.:tro"'N""'''h'.'dl
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Strategies to Develop Faculty Housing on Infjfl Sites,
For the faculty housing adjacent to Parking Lot 36, private homes will need to be
buffered from the parking lot.
This can be accomplished with landscape elements, including storm drainage swales
and appropriate buffer plantings as shown in Option A.
Options ~ includes an alley to buffer homes from the parking lot and has the added
benefit of locating garages to the rear. This in turn improves the relationship between
the front of the homes and the street, supporting walkable communities.
i A: Driveways at front, landscape buffer at rear
~
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SOUTHERN OREGON UNIVERSITY
Public-Private Partnership Model
The University plans to pursue much of the new housing development under this
Master Plan through a partnership model, whereby the University would maintain
land ownership and ensure coordination with other campus housing, while the
private partner would finance, build, and operate the housing.
Faculty Housing
The construction of family housing for faculty will help the University to attract and
retain quality faculty, This housing type is proposed for sites where the campus
borders residential neighborhoods. See the sidebar on the opposite page for
appropriate concepts for this housing type.
This development type is proposed at two locations:
. along Walker Avenue, where neighborhood amenities such as. schools and
shopping are within a short walking distance and the center of campus is
accessible by a slightly longer walk and an easy bike ride, and;
on the west side of campus, where it will help ease the transition from the
larger scale of the campus to the smaller scale of neighborhoods_
Infill housing in such proximity to the campus is clearly preferable to more remote
locations where faculty currently can find affordable housing, and thus will help
reduce vehicle miles traveled and pressure for the area to sprawl.
/f;@"IIf., '!Ilk!!!,,, 'lcA.J;."fr,Ti( W']Qm;.~I""';;-'-2 :;;m;iil ;~WwtQl ~ ;]rioJ ~~@~i\'1 ~#;l).,
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Athletics
SOU men's varsity sports include basketball, crOS5-{;ountry, football, track and field,
and wrestling. Varsity sports for women Include basketball, cross-country, soccer,
softball, tennis, track and field, and volleyball, There are also club and intramural
sports, as well as a popular Outdoor Program [see Plan Detail 3J,
McNeal Pavilion Renovation
The current condition of McNeal Pavilion represents a liability for the University_
The widespread problems associated with deferred maintenance significantly limit
the building's usability, Moreover, in an age when recreational opportunities have
been demonstrated to be a strong attractor for student recruitment, the lack of a
modem well-equipped facility is a missed opportunity to build enrollment
McNeal is one of the priority projects for which dedicated deferred maintenance
funds will be sought during this planning cycle, Program improvements will be
incorporated into the physical upgrade to the greatest extent feasible_
CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFT]
MASTER PLAN
\ 1- . "
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Faculty housing has been successfuffy
built at many campuses recently,
and tends to be most successfuf in
constrained and expensive housing
markets, such as these units at the UC
Santa c;ruz campus. {Photo courtesy of uesel
.-'-"- - - - ~. - -- - :S"~-:w~!-
.
,
d,
\ - '.
.-~--~~~~'\hc"~~.-:. -
The top figure shows current commute
patterns of 413 SOU respondents to
an Oregon University System survey.
Bottom figure shows how the number
of commutes from each distance range.
could be affected by construction of 100
student housIng. unIts and 30 faculty;
staff units_
Each mile of commutIng avoided equals
approximately a pound of C02 not emitted
to the air, on average. Therefore, over
a school year, a new unit of housing
that prevents a commute from Talent or
Phoenix could result in over a ton of C02
not emitted.
41
MASTER PLAN
Redevelopment of the football field with
field turf;s a University goal, to provide
greater flexibility in tteld scheduling and
use.
The grandstand dominates this area of
the campus, but there is no direct way to
access it
The existing concession and locker
facilities north of Iowa are proposed for
expansion as a hub for women's sports.
42
Plan Detail 3: Master Plan Detail at Athletics
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Raider Stadium Field Improvements
The University will pursue a project to convert the existing grass field to a field
turf surface, which will allow it to be used more intensively for both practice and
competition. This upgrade would allow other field areas to be re-<:onfigured.
Field Area Reconflguratlons
Several reconfigurations of the field areas are being evaluated by the Athletic
Department, including potentially moving the soccer field to the area north of Iowa
Street. The existing softball fields along the eastern end of Iowa Street, used until
recently by the City's Parks and Recreation programs, are no longer needed for
that purpose.
One goal of reconfigurations will be to consolidate and improve facilities for
women's sports. The combined concession, locker, and restroom facility north of
Iowa Street will be expanded to provide a locker facility for these softball, soccer,
and tennis programs,
SOUTHERN OREGON UNIVERSITY
Both sets of existing University tennis courts are indicated as potential building
sitesin this Master Plan. If both of those sites should be needed for housing
development, tennis courts would be relocated to a site north of the stadium field.
Other Campus-Related Development
Physical Facilities
The University has replaced two of the four boilers in the primary central heat
plant, adjacent to the Science Complex. The other two boilers will be replaced
in phase two of the project but significant changes to the structure will not be
required. Campus infrastructure upgrades will be accomplished as needed and
feasible in conjunction with regular maintenance and building projects,
University Partnerships
Currentiy. the University lands include three 'partner' programs which lease land
from the University but otherwise function independently: the ScienceWorks
Museum. the National Forensics Laboratory. and the Armory. Rogue Valley
Television [RVTV] is also an independent institution within the campus lands in
a purpose-built building east of McNeal Pavilion. Jefferson Public Radio [JPR]
is an independent institution that currentiy operates in Central Hall. JPR has
developed conceptual plans to create a dedicated facility [See Appendix 3], which
is envisioned to include community facilities such as a museum of western radio
history, a small auditorium, and a cate, in addition to offices and broadcasting
studios. Preliminary conversations with the University have identified a site for this
use at the NW corner of Ashland Street and Walker Avenue. This site and use was
originally presented as part of a focused update to the 2000 Master Plan, and is
identified as part of this Master Plan Update.
University-Qwned Single-Family Structures
The University owns 37 single-family homes that lie within or near the campus
boundary [Figure 15]. Several of these may require removal from their current site
. to allow for new uses. The Building Status diagram [Figure 12] indicates which
buildings are slated for removal over time. In preparing the sites of the buildings
for new construction, the University will assess the condition of the existing
structures.
In compliance with City of Ashland policies on housing demolition, the structures
will be relocated to appropriate new sites, except when structurally unsound. If
intact relocation is not feasible due to deterioration, the structures will be de-
constructed in order to recover materials witt; re-use or recycling potential to the
extent supported by the existing local building industry.
CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFTI
MASTER PLAN
---------------~~
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Science Works Museum, on the far
northern edge of campus lands.
Scattered single-family homes in the
campus area are owned by the l!niversity.
43
MASTER PLAN
A University District wilt be cultivated,
with private businesses that benefit from
proximity to the University.
44
University District
The 2000 Master Plan called for establishing a University District Overlay Zone
with the intent to collaborate with private land owners and developers to create
mutually beneficial businesses. This concept remains vaiid, and while there
is not a University District Overlay per se, the City has Design Guidelines for its
Detailed Site Design Review process. which applies to commercial areas in the
campus environment. These guidelines are intended to support the pedestrian
environment in this area.
In 2007, the City of Ashland participated in a state-sponsored Transportation
Growth Management [TGM] study of.the Siskiyou Boulevard corridor. This study
identified three nodes of activity that should be approached as mixed-use activity
nodes, two of which are in the University District; the corners of Siskiyou/Bridge
and Ashiand/Walker. Both of these areas are important gateways to the campus
and have adjacent parcels which couid be redeveloped to help create active
nodes. The concept of creating more pedestrian-oriented activity in the area
adjacent to the campus supports this goal.
A successful University District provides several benefits;
. contributes to a more dynamic urban environment, which can increase
students' sense of community and engagement:
. allows for private businesses to benefit from the student market;
. a thoughtfully designed urban environment can increase pedestrian safety
by creating a streetscape supportive of pedestrian circulation.
The University will continue to work with the City and campus neighbors to support
and encourage this district. Public-private development on campus lands will
follow the City's urban design guidelines regarding building orientation, entries and
parking location [see Design Guidelines section].
SOUTHERN OREGON UNIVERSITY
MASTER PLAN
Figure 15. Unjversity-own~d single-famify houses
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. MASTER PLAN UPDATE
-. Southern Oregon University
University-Owned Housing
CJ SOU-owned lands . University-owned houses 0 taxlots
_ SO Zoning Designation, I!I!!J SOU buildings 1:.-::: buildings
by City of Ashland
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CAMPUS MASTER PLAN UPDATE 112,APRIL~ 10 DRAFT]
45
MASTER PLAN
Plunkett Center ;s a strong iconic
presence that should be cultivated to form
an even stronger gateway presence.
Improved entry signage - including
monument signage at major entries will
help create a more prominent impression
of the campus.
46
Circulation
A welcoming. safe and inspiring campus has been demonstrated to contribute to
the success of a university. There is growing evidence that the sense of belonging
and community that are fostered by a strong campus setting support the academic
achievements of students. The combination of circulation and open space
improvements to the campus structure proposed here are intended to support
these goals by promoting a stroog 'sense of place' for the campus.
Improvements to the circulation system in coordination with building-related
projects will add value to the overall campus. Minor open space improvements to
support these goals should be linked to adjacent capital projects. Larger projects
- such as an upgrade to the major campus pedestrian path or the proposed entry
to the stadium - would likely be attractive to private donors.
All streets that travel through the campus - whether public or private - should be
pedestrian-friendly and offer safe crossing locations. Improvements along these
streets should include lighting. landscaping, and other street furnishings to define
the campus limits.
Western Gateway
The approach to the campus from the east along Siskiyou Boulevard needs
improvement to create a more welcoming entry for campus visitors [See Plan
Detail 4]. Although the Plunkett Center presents a strong image to the public.
the combination of its setback, the relatively small signage, and the existing
circulation pattern make the entry sequence in this area unclear. The campus is
not prominent until one has passed the entry point at Mountain Avenue.
Several changes are proposed for this area to address these shortcomings:
. The University will work with the City and other stakeholders to pursue a
change in the circulation of University Way. Currently a one-way street that
runs northbound [Le. out from the campus], this street will be re-routed to
allow wo-way traffic.
Significant monument and directional signage will be added in the block
of campus between Mountain Avenue and University Way to increase the
visibility of the campus to first-time visitors and passers-by.
. A drop-off circle is proposed on University Way adjacent to the Student
Union to anchor the eastern end of the campus and more clearly define the
pedestrian-oriented core.
. Additional measures will be taken to better screen the loading dock
function of the Stevenson Union from the view of people on Siskiyou
Boulevard. Initial review suggests that access to this loading area could
be provided off of University Way. An existing berm would need to be
reconfigured, but grades appear compatible. This option should be
evaluated as a means to minimize conflicts at the existing driveway for the
SU loading dock.
. A mid-block crossing at Mountain Avenue will be pursued to provide a safe
path for daily and special event visitors. The main campus circulation
. system will be extended to better include Parking Lot 36 and the ECOS
Community Garden area.
SOUTHERN OREGON UNIVERSllY
As noted above, a change in the circulation pattern for University Way is proposed
to improve campus access and wayfinding on the western edge of campus.
University Way is a campus street, but it intersects Siskiyou Boulevard at the
north. Therefore circulation changes need to be coordinated and approved with
the City potentially including review by the Oregon Department of Transportation
[ODOT]. Due to the volumes of traffic on Siskiyou Boulevard, it is unlikely that the
University Way/Siskiyou Boulevard intersection would be able to have full turning
motions, including left turns to and from westbound lanes of Siskiyou. However.
a configuration allowing 'right~n, right-out' turns to and from the eastbound lanes
would improve circulation and access to this area of the campus.
At the far western edge of the campus. several changes are proposed to create a
strong and appropriate interface between the campus and the larger community.
This is one area where housing for faculty is proposed. New housing development
in this area will be consistent with the City of Ashland's policies on removal
of existing housing. and will be developed with sensitivity to the scale of the
surrounding neighborhood. The ECOS Community Garden will be maintained and
enhanced to ensure that it remains a positive eiement in the mix of l!5es in this
area. New faculty housing on Ashland Street [west of Mountain Avenue] would be
no taller than the existing houses on that street frontage.
Extension of the main campus circulation system across Mountain Avenue and
through Parking Lot 36 will serve to better connect the ECOS area to the heart of
the campus and to provide a more welcoming gateway to the many campus users
who enter from this edge [see Plan Detail 4].
Plan Detail 4: Master Plan Detail Western Gateway & New University Way Drop Circle,
with extension of circulation system to Lot 36 and ECOS Community Garden area.
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CAMPUS MASTER PLAN UPDATE 112.APRIL-1D DRAFTI
MASTER PLAN
Changes to University Way should offset
the potential loss of parking.
Drop-off circle at Hannon Library.
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The City's planning for stormwater
includes a long term goal to daylight
streams. A corridor has been identified
in the western edge of the campus,
for Beach Creek. Site planning for
development in this area will take into
account this goal and specific policies for
streams.
[Source: City of Ashland Draft Wetland
and Riparian Map}
47
MASTER PLAN
The current configuration of the campus
entry at Indiana St. does not provide
a strong welcoming gesture. Existing
signage is small and often obscured
by landscape. Buildings do not have
prominent entries facing the area, and
circulation ;s indirect.
Eastern Gateway
The complex pair of intersections at Siskiyou/Ashland and Siskiyou/Indiana/
Wightman together form the most important entry point to the eastern end of
campus, as well as the entry to the entire north campus area. They also are a
critical crossing point for pedestrians traveling between the North and South
Campus areas. Even under the current campus configuration, where most uses
are to the south of Siskiyou Boulevard, the safe crossing of this intersection is
essential to the safety of pedestrians and participation in campus life. This will
become much more true in the future as activity north of Siskiyou is increased.
Several potential improvements to this gateway area were discussed during the
planning process, including grade separated pedestrian crossings and potential
signal changes. Several of the suggested changes are described and discul\5ed
in the side bar "Intersection Treatment Options for Eastern Gateway." To
improve pedestrian safety and the overall pedestrian orientation of this area, the
University will work with the City and other stakeholders to create a specific plan to
improve the crossings with enhanced pavement design and on-going monitoring of
pedestrian flow and safety issues [see Plan Detail 5]. . 0
s
It should be noted that increasing pedestrian volumes can improve pedestrian
safety by increasing the awareness of pedestrians on the part of drivers. To
succeed. development should be accompanied by good urban design, including
special pavings, appropriate setbacks, and other measures.
Sidebar: Conceptual Intersection Treatment Options for Eastern Gateway:
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48
The Siskiyou/AshlandjWightmanjlndiana intersection serves as a central node on the
SOU campus linking the academic uses to the south to the proposed residential and
student fife services to the north. Pedestrian safety at this intersection will become
paramount to the success of an integrated SOU campus as the community continues
to grow. Below are five approaches that would both improve pedestrian safely and
enhance the intersection as a gateway feature of the campus.
It is recommended that Option 1 be pursued, with detailed design input from both a
traffic engineer and an urban designer. The intersection's performance shoufd be
monitored on an.going basis as development takes place. If warranted or feasible,
signal phase improvements as discussed in Option 2 should be incorporated.
"
Option 1: Improved pavement design
Texture, color and fighting can enhance and draw attention to this intersection and,
as such, calm traffic and improve pedestrian safety. Motorists are more inclined to
slow down and pay attention in roadway areas that are substantially different from the
normal road condition. Option 1 proposes using a variety of high-visibility materials
to accentuate the intersection, including colored pavers, stamped concrete, highly-
reflective crosswalk materials, and better lighting.
These treatments support street-level pedestrian activity, which improves pedestrian
safety and visibility by both motorists and other pedestrians. The interventions are
refatively inexpensive, as they do not impact signalization, the publiC right.of.way, or
adjacent land uses.
SOUTHERN OREGON UNIVERSITY
MASTER PLAN
Plan Detail 5: Master Plan Detail Eastern Gateway Concept
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Siskiyou/Ashland & Siskiyou/Wightman/Indiana
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In downtown Ashland, the combination of urban design factors signal to drivers that they are in an environment where pedestrians
should be anticipated: on~st'eet parking, streetscape design, zero-Jot-line setbacks, the relationship of bl!ilding height to street width
and the active presence of pedestrians. Near SOU, these elements are not as strong and this difference may contribute to higher
vehicle speeds and the perception among some that crossings are fess safe.
CAMPUS MASTER PLAN UPDATE [12,APRll-tO DRAFTI
_/
49
MASTER PLAN
The existing service road between Hannon
Library and Sciences buildings is not
needed and tends to bisect central areas
of the campus. It is proposed that this be
closed to all but emergency vehicles.
Signal Phasing for Pedestrian Crossing:
the Option 2 diagrams below show
phasing to accommodate pedestrian
crossings while vehicles are flowing on
intersections legs where they will not be
in conflict. The Option 3 diagram shows
a full pedestrian cycle, for potential use
when future pedestrian volumes become
high enough to warrant this phasing.
Red arrows represent pedestrian
movements, while blue represent
vehicular movements.
South Campus Circulation
As noted above, a drop-off circle is proposed for University Way at the Stevenson
Union as part of the Western Gateway. This builds on the success of the circle at
Hannon Library and 'bookends' the pedestrian core of the campus. Ultimately,
this pedestrian spine will also connect to any new academic development at the
current Cascade Complex site.
To better connect Theater Arts and Music to the campus core. University Way is
proposed to be a pedestrian-only area between the new circle at the Stevenson
Union and the parking lot behind Computing Services [Lot 27]. Closing this road
to cars is recommended at least during times of peak pedestrian flow and during
events at the PerformingAi'ls facilities. At a minimum, an enhanced pedestrian
crossing should be developed along this major pedestrian path. In addition. a mid-
block pedestrian crossing of Mountain Avenue should be provided to extend the
campus circulation system to Lot 36 and the ECOS Community Garden.
The perimeter access road behind Hannon Library could be realigned away from
Susanne Homes to connect to Madrone Street in the vicinity of the Madrone
Apartment Complex driveway. This detail will significantly improve privacy and
safety concerns for Susanne Homes residents, particularly for those who are living
at street level on the south side of the building.
The service road running north-south along the west side of the Library will be
ciosed to regular vehicle use in order to extend the pedestrian zone to the Science
area.
Option 2: Pedestrian phases combined with vehicle phases
Pedestrians CQuld be better accommodated with relatively minor adjustments to signal
phasing and timing within the existing intersection signal design. With adequate signal
timing, pedestrians can typically be accommodated while vehicles are moving on other
'legs' of the intersection. The diagrams below show which pedestrian movements can
be made during each signal phase.
By limiting queuing between the two intersections [e.g., diagram 2.4), more direct
pedestrian travel would be accommodated, with minimal impact on vehicular travel.
50
SOUTHERN OREGON UNiVERSITY
North Campus Circulation
Development of the north side of the campus to include more campus housing is
likely to necessitate upgrades to some of the local.circulation system in that area.
Currently, Webster Street is one-way for key stretches and has aggressive traffic
calming measures in the form of steep speed bumps and back-up prevention
devices. South Stadium Way - which is partially public and partially owned by the
University - runs northward from Ashland Street. Both of these roads may require
upgrades in order to accommodate access to new campus housing. The master
plan map indicates a potential new road from Walker Avenue toward the stadium.
This road would only be pursued if it was found that it could improve circulation to
new athletics facilities.
There is a need for clear and prominent access from the main campus area
to Raider Stadium and McNeal Pavilion. The connection between the eastem
gateway and McNeal Pavilion should be enhanced to establish a clear circulation
pattern in this area. This connection should tie into a plaza element in front of
the main entrance of McNeal Pavilion or. overlooking the stadium field prior to the
slope that drops down to the field area.
A promenade/plaza has been proposed to provide a clear and prominent entrance
to Raider Stadium from Wightman Street. This plaza could also serve as a
gathering place for pre-game events. This feature would be attractive to private
donors if designed as a commemoration of past student athletes or others worthy
of special recognition.
Option 3: Fuli 'pedestrian scramble' signal phase
Scramble signals are a type of traffic signal that give pedestrians exclusive access to
an intersection by stopping vehicular traffic on all approaches, allowing pedestrians to
cross diagonally or conventionally. These treatments are used throughout the United
States at select intersections with both heavy pedestrian and motor vehicle use. The
objective of the scramble is to eliminate conflicts between pedestrians and motor
vehicles, particularly from turning movements.
The benefits of a scramble signal are clear: numerous professional studies have
demonstrated that auto-pedestrian conflicts are dramatically reduced when a
scramble signal has been introduced. The costs to implement the system are relatively
inexpensive [signal engineering and some new hardware] when compared to other
interventions. Drawbacks include the real or perceived traffic flow disruption on
Siskiyou Boulevard.
MASTER PLAN
Currently, pedestrians traverthrough the
parking lots on the north side of campus
to get to the Athletics areas along the
straightest path, or 'desire fine.' This
raises potential safety issues, and
tends to isolate the Athletics areas and
contribute to an impression that this part
of the campus is disjointed.
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CAMPUS MASTER PLAN UPDATE [12.APRIL.1O DRAFTJ
51
MASTER PLAN
A co/or-coded parking permit program
assigns parking to preferred users: red for
residential students, green for commuting
students and yelfow for faculty and staff.
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52
Parking
Campus parking is provided in numerous off-street lots of various sizes and is
supplemented by parking on pUblic and private streets internal or adjacent to the
campus. A permit is needed to park in all but visitor spaces, and these can be
purchased on an annual. quarterly, or daily basis. Anecdotal evidence suggests
that numbers of students, faculty, and staff currently park in on-street spaces
in the neighborhoods adjacent to the campus and walk to campus. There are
currently no residential parking permit programs in place that would limit this
behavior.
Minimum and maximum parking requirements are established by the City of
Ashland through the Land Use Ordinance [18.92.020]. Those standards require
that parking be built both for academic buildings and residential halls. though a
shared parking provision wouid allow up to a 35% reduction in parking for uses
which do not occur at the same time.
Applying the City's parking ratios to the current campus configuration results in
a requirement for 1,218 spaces for non-fesidential uses, broken out below. A
parking ratio of 0.67 spaces per residence hali room has been applied under past
plans for campus residential uses. Use of this figure leads to a requirement for
657 additional space, for a total of 1.887. Currently, there are 1,982 spaces on
campus. as detailed in Table 2 [Existing Conditions section].
Category Quantity Ratio Spaces Required
Classrooms 142 1.50 213
Enrollment 5,082 0.20 1017
Campus Housing 980 0.67 . 657
Total n/a n/a 1,887
Option 4: Pedestrian overpass
Pedestrian overpasses allow fOf the uninterrupted flow of pedestrian movement
separate from the vehicle traffic. These facilities are typically used as a measure of
last resort where safe pedestrian crossing requires a grade-separated facility, like
over freeways, waterways, and train corridors. Pedestrian overcrossings need to meet
Americans with Disabilities Act [ADA] access requirements, which incfude either a
mechanical lift system or a ramp system that does not exceed an 8 percent grade with
landings.
The potential benefits of a pedestrian overcrossing are that it would provide exclusive
grade-separated pedestrian access across Siskiyou Boulevard and could be designed
to serve as a pronounced gateway to the district. The drawbacks include its high
construction and development costs, its impact on surrounding land uses, and the
likelihood that pedestrians would chose a more convenient crossing location than
travel out of direction to access the overcrossing. Pedestrians take the easiest and.
most direct route despite real and perceived barriers to their destination. Studies
have shown that many pedestrians will not use an overcros~ing if they can cross at
street level in about the same amount of time or less. At this partiCUlar location, many
pedestrians would be less likely to use the pedestrian overcrossing, because it would
be perceived as too onerous to access; some pedestrians would risk dashing across
the road on a more efficient line of travel.
SOUTHERN OREGON UNIVERSllY
Given that this Master Plan Update provides for a potentially significant increase
in the percentage of students housed on campus, it is recommended that parking
standards appropriate to a more residential campus be developed. The University
will collaborate with the City in the development of these standards.
Provisions in the City's Parking Ordinance [e.g., 18.92.060.A] requiring that parking
be within a 200' distance of a particular development have not traditionally been
applied to university projects. This is due to a recognition that the SOU campus
as a whole is a destination for many users, rather than a particular building. The
appropriate location of parking relative to campus uses should also be addressed
as part of a review of parking standards for the campus. For example, providing
resident parking in remote lots is one strategy that can help reduce incentives to
driving. but could conflict with policies requiring parking be proximate to buildings.
~~rr.t~~JsI..-m:,..:s.1foJ~-:coY'~C01~@PJ~q-ol?~~~~I;IH~~~~
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Option 5: Pedestrian undercrossing
Like a pedestrian overcrossing, a pedestrian undercrossing allows for the uninterrupted
trow of pedestrian movement separate from the vehicle traffic. Similarly to pedestrian
overcrossings. many pedestrians will not use an underpass if they can cross at street
level in about the same amount of time or fess. Pedestrian undercrossings have
special design considerations to ensure that they are welf-lit, adequately drained,
well ventilated, and secure. Personal safety is a major concern with pedestrian
undercrossings as they are often hidden from public view and tend to attract
undesirable activities.
This treatment is not recommended for the Siskiyou/Wightman/lndiana intersection
because the drawbacks far outweigh the benefit of eliminating pedestrian-motor
vehicle conflicts. In addition to personal safety issues, the drawbacks include high
design, construction and development costs, design issues regarding an extreme
change in grade between the north and south sides of Siskiyou. and the. potential
impacts on utilities and ground water.
Option 6: Center travel lane underpass
This treatment would lower the through lanes of tra.vel on Siskiyou to allow pedestrians
and local traffic to maneuver at-grade at the intersection. There are considerable
design chalfenges to this treatment including signalization issues at the intersection,
lack of vehicle queuing space on the bridge over the travel Janes, and the distance
needed to transition from grade t.o 17' below grade. Other drawbacks include extremely
high design, construction and development costs, impacts to adjacent land uses
[additional right-{)f-way and restricting access to existing businesses), and the potential
impacts on utilities and ground water.
CAMPUS MASTER PLAN UPDATE 112-APRIL.1D DRAFfI
MAS1ER PLAN
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53
MASTER PLAN
\!\dditional Transportation Analyses Require~
he following circulation assessments will be required prior to significant
evelopment under this Master Plan update. The assessments may be conducted
n a project-by-project basIs, or, when appropriate, nearby pianned deveiopments
n be consolidated In a circulation assessment for a sub-area of the campus.
I Transportation Impact Analysis and Access Management Standard~
II future housing projects proposed in thiS Master Plan shall be subject to a
ransportation impact analysis [TIA] and access management standards as
escribed in the City of Ashland Transportation System Plan [TSP]. The final scop
f thiS requirement will be evaluated at the pre-applicallOn meeting preceding the
and use application for Site Design Review approval
redestrian Safety Pla~
he University wlil work with the City. Oregon Department of Transportation and
ther stakeholders In developing a speCifiC plan for Implementation that addresse
edestrian safety Issues, This planning shall be undertaken concurrently with
he transportation Impact analysis and access management strategy, and pnor to
ubmlSSlon of a planning appiication for the development of new student housing
orth of Ashland Street and Siskiyou Boulevard
he Pian shall include. but not be limited, to improved crossings With enhanced
avement design and access controls With on-going mOnitoring of pedestrian flow
nd safety issues. Design strategies shall be coordinated and prepared based
pon input from both a traffic engineer and urban design professional.
rransportation Demand Management [TOM] Strategie~
list of potential Transportation Demand Management strategies accompanied
ya time line for Implementation shall be developed and submitted to the City in
onJunction With campus housing appllcallOns
~mergency Vehicle Access I
nor to any changes to the campus Circulation system including vehicular and
edestrian access ways, a site plan shall be prOVided to and approved by Ashland
ire & Rescue which demonstrates that the proposed modifications are in
mpllance With the emergency access prOVISions of the Oregon Fire Code
parking Requirements for On-Campus Student HouSin~
Prior to submiSSion of a planning application for campus housing, the University
hall develop. through collaboration with City staff, speCific parking standards for
Dn-campus housing, as described in the Parking sub-section, above]
54
SOUTHERN OREGON UNIVERSITY
Design Guidelines
The design guidelines for development under this Master Plan Update are
intended to serve several goals:
o Provide for buildings at a density appropriate both to a significant university
and to the scale of the Ashland community;
o Ensure that the scale and articulation of buildings enhance the 'sense of
place' of the campus and support walking within the campus environment;
o Express the permanence and long-term role of the University in the
community.
Building Density
Development density is a complex issue. with advantages and disadvantages at
both ends of the spectrum. Lower development densities can allow large unbuilt
areas around each building. but can also promote sprawl and hinder attempts
to foster pedestrian activity and support transit. Higher densities can lead to
undesirable shading of neighboring buildings or open space and increased traffic,
if the density is not accompanied by strong transit and other TOM measures.
Several factors specific to SOU support campus development at medium densities:
o SOU is relatively land-locked, and both the cost of land and the fact that
the campus is surrounded by established neighborhoods limit the potential
for expansion of the campus. Any future growth of campus enrollment to
meet OUS system-wide goals will likely need to be accommodated within
this limited land area. -
o The nature of academic programs warrants durable construction at a scale
that is cost effective and supports individual academic programs under
one roof.
o Creating a cohesive campus community that is dense enough to support
short walking distances -and ultimately improved transit - requires a
density higher than low residential densities.
However. the University also recognizes that it exists within a community with
existing neighborhoods and that its developments ought to be of a compatible
scale with those neighboring uses. In particular. the edges of campus need to be
of a similar scale. This is recognized by the SO Zoning provisions calling for tighter
restrictions on development within 50 feet of the campus edges.
CAMPUS MASTER PLAN UPDATE (12-APRIL-10 DRAFTI
Taller buildings are appropriate to sites
interior to the campus and on commercial
and mixed-use street edges. Buildings
adjacent to residential neighbors should
generally be more in-scale with that
context.
53
DESIGN GUIDELINES
Thoughtful orientation of buildings can
help create sunny outside spaces and
assist with management of sunlight as an
energy strategy within the bu;;ding as we;;.
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The unfortunate shading strategy
employed at Taylor Hall disconnects
building interiors and the landscape,
creating a sense of 'deadness' around the
building, and limiting daylight inside.
54
Building Massing and Orientation
Thoughtful orientation of buildings supports several important development goals.
Orientation of entries to the pedestrian circulation system increases the walkable
nature of the campus. A generally east-west orientation can help support energy
efficiency in building design. And the treatment of building scale - how it is
articulated and expressed - can help larger institutional buildings be compatible
with nearby residential uses. To accomplish the goals described above, the
following guidelines apply to new campus construction and major renovations
under this Master Plan Update:
Maximum Building Height
New construction will be limited to four story construction. Height in feet will
be dependent on specific construction types, and in some cases could require
conditional use approval per current requirements of the City's SO zone.
In areas adjacent to existing residential neighborhoods, building height will
typically be lower in order to make an appropriate transition to the surrounding
context. However, in order to create a campus that is compact, walkable and more
supportive of transit, sin!1)e story buildings are stron!1)y discouraged in all campus
areas.
Maximum Building Size
In order to avoid potentially monotonous conditions. individual buildings shall be
limited in overall length and footprint [i.e. ground area covered] as follows [See
Figure 16]:
. 300' maximum length for academic buildings
. 250' maximum length for residential buildings
. 45,000 SF maximum footprint for academic buildings
. 35.000 SF maximum footprint for residential buildings
Figure 16: Building Length and Articulation Guidelines
SOUTHERN OREGON UNIVERSITY
Building Articulation
For any building longer than 200 feet, the plan shall include design elements to
prevent unbroken wall lengths greater than 150 feet. These elements shall be an
offset or 'jog' in the plan or a significant recessed entry or court of at least 25' in ,
width [Figure 16].
Building Entries
Buildings that face a major street shall have a significant entry facing the street.
Buildings facing the m'ain campus open space shall have a major pedestrian entry
facing that open space. Where a building faces both a significant street and the
main campus open spaces, entries shall be provided to both. Entries shall be
strongly articulated and clearly understandable as entries.
Development Along Siskiyou Boulevard
Any development or redevelopment along the south side of Siskiyou Boulevard
shall seek to reinforce a strong relationship between the campus and the
boulevard, through an appropriate combination of the following strategies:
. Development of a strongly articulated facade and pedestrian entries facing
Siskiyou Boulevard.
. Minimization of service functions on the Siskiyou Boulevard face of the
building, and enhanced screening of these functions where they exist.
. Improved, consistent and significant signage acknowledging that visitors
have entered the campus.
Building Orientation
Wherever consistent with other design goals, such as street orientation. align
buildings with the longer dimension in the east-west configuration, to improve
potential for building design to capture energy savings related to passive solar
management.
Setbacks
Where campus development occurs across a street from off-<:ampus private
housing, buildings shall be set back from the public right-of-way by at least 15 feet.
to provide a bufferi ng landscape.
Where campus development is across from commercial development and includes
ground-floor non-residential uses, buildings shall be allowed and encouraged to
be sited at the back of the publiC right-of-way, to encourage a pedestrian-oriented
urban streetscape pattern.
Materials and Character
Materials and construction systems shall be selected for long-term durability, and
shall be generally consistent with existing campus buildings. While there is not a
clear established palette of materials for campus buildings, preference should be
given to materials similar to the more significant buildings on campus - such as
Churchill Hall and Hannon Library - including red brick, concrete and stucco.
CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFTI
DESIGN GUIDELINES
Churchill Hall represents a successful
example of a building that fronts onto two
faces, and makes both approaches feel
welcoming.
University development adjacent to
existing neighborhoods should be
designed to be appropriate to that
context.
55
DESIGN GUIDELINES
Where campus development occurs adjacent to or across a street from off-
campus private housing, the character of the development shall be appropriate to
that context. Scale, materials and massing shall be used to create an appropriate
transition from the campus to the neighborhoods.
Fuidelines for Faculty Village Housin~
he following gUidelines apply specifically to the areas designated for Faculty
illage HOUSing, Including all development In the block bounded by Ashland Street
nd Henry Street, west of Mountain Avenue
BLIIlding footprints shall be limited to 6.000 square feet total for a multi
amlly bUilding. Example: six attached 1,000 sf townhouses.
Buildings shall be no more than 120 feet long. For buildings longer than
o feet, a slgl1lficant offset [5 feet or more] In the plane of the fac;ade shall
e created so that no major fac;ade plane is more than 60 feet in length.
roJecting elements and/or recesses [such as decks, bay windows and
ecessed entries] shall be applied to fac;ades to avoid long planar walls
acing the street.
BUildings shall be limited to 3 stories above grade generally, and 2 stories
est of Mountain Avenue.
Building fac;ades shall face the primary street or a shared open courtyard
pace which in turn fronts on the street.
BUilding entries shall include porches, stoops and similar elements to
reate a transition zone between the public street and the private home.
Individual entries to each dwelling unit are preferred. In no case shall more
han four dwelling units share a common entry from the street or common
pen space. Example: traditional four-square style bUilding, With two Ul1lts
bove and two at the ground floor, sharing an entry.
Buildings shall be designed with appropriate placement of Interior spaces
nd exterior windows to prOVide views from active areas to the publiC street
nd/or common open spaces [sometimes known as -eyes on the street"].
Shared parking shall not be located between the street and the primary
ac;ade of dwelling units. To the greatest extent feasible. parking shall be
ocated at the rear of units. Where parking is located at the front of units.
t shall be only In the form of personal driveways serving individual units. In
hiS configuration. garage entries shall be set behind the primary fac;ade of
welling units by a minimum of 5 feet.
Exterior building finishes shall be Similar to eXisting bLIIldings in the
urroundlng neighborhood, Vinyl siding is not an allowed finish material:
etal siding is discouraged, except as an architectural accent. Allowed
aterlals Include:
o INOOd siding or shingle: I
o bementltious wood products:1
o ~rick, stone and artifiCial stone. I
o. DeSign elements that are representative of the surrounding residential
eighborhood context are encouraged, although literal repetition of histOriC
tyles is not required or expected.
1. Landscape materials shall be consistent with palette of the Ashland
loregioo. Native plants and drought-tolerant, non-invasive plantings are
tronglyencouraged.
Signiflcant paths should be differentiated
with improved paving, to assist with
wayfinding Below: an allee on the Penn
State campus is a central area where
students cross paths throughout the day.
56
SOUTHERN OREGON UNIVERSllY
Sustainability Guidelines
Additional guidelines relating to Sustainability best practices - including materials
and orientation - are described in the Sustainability section.
Open Space Guidelines
These guidelines are intended to improve the quality of outdoor spaces on the
campus and create a consistent visuai look for the campus.
1. The hierarchy of paths on campus should be clarified through the use of
design elements that help distinguish between the major paths through
the campus and secondary paths. Path width, materials and furnishings
should help signify the most important paths on campus. In particular, the
main circulation spine through the campus should be upgraded to serve as
a major wayfinding element through the campus.
Two different types of paving materials may be used for primary paths;
one for the portions of the pathway that are primarily for circulation. and
a different, accent material to mark prominent crossings or activity nodes.
Unpaved, frequently used pedestrian routes, commonly referred to as 'cow
paths' or 'desire lines' should be paved with a more durable solid or semi-
permeable material to decrease erosion and improve pedestrian safety.
2. The south-facing entry areas at major campus buildings should be
enhanced as activity nodes within the campus structure. Seating, tables
and similar amenities should be provided to encourage use of these
spaces for meeting, group study and actively programmed uses. Primary
activity nodes for larger spaces should also include some of the following
additional amenities:
o A variety of seating types, including benches, retaining or seat walls. and
building ledges
o Special paving materials and/or patterns
o Planters for trees and landscape plantings
o A mixture of sun and shade exposure
o Protection from wind by buildings or other screening structures, such as
pergolas or trellises
o Outdoor eating areas
o Water features
o Public art
o Terraced levels in areas with significant slopes
3. A campus standard for furnishings should be adopted and used
consistently across campus open spaces. A common paiette of materials
should be utilized for these elements, to create a recognizable look for the
campus, and ensure that furnishings have a durable and timeless design.
Campus site furnishings standards should address the following elements:
o Benches
o Tables and chairs
o Exterior lighting fixtures and lamp types
o Trash and recycling receptaCles
o Handrails and guardrails
o Bicycle racks
CAMPUS MASTER PLAN UPDATE [t2-APRIL-10 DRAFTI
DESIGN GUIDELINES
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Integrated seating create a comfortable
place for individuals and small groups to
gather.
A full inventory of existing trees will help
with 'o.ng-term landscape management.
57
DESIGN GUIDELINES
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A fully developed and well-maintained
garden program can offer numerous
benefits, as a working learning
experience, as an interpretive element
to educate visitors and as an am~nity for
campus residents. Like the ECOS garden
at SOU [above] these programs provide
outreach to the larger community.
Example: the Farm and Garden project at
UC Santa Cruz is the backbone of an agrcr
ecology program, It is a major part of the
Environmental Studies curriculum and
a campus amenity. The Alan Chadwick
Garden [below] in particular is maintained
to be attractive and welcoming to campus
visitors.
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58
o Bollards and other traffic-control devices
o Bus and pedestrian shelters
o Tree grates
o Skateboard deterrents
Landscape Standards
Trees
New tree plantings should be selected from the many species that will thrive in the
Ashland micro-climate, with careful consideration given to drought tolerance and
disease resistance. Annual rainfall Is significantly lower and summer temperatures
higher than most of Western Oregon. and choosing appropriate, water conserving
plant materials will become more important as population Increases in the
Rogue Valley. Consultation with the campus grounds and maintenance staff is
recommended when specifying new trees so that the existing diversity of tree
species on campus Is maintained. When designing new landscapes adjacent to
campus boundaries, the City of Ashland Recommended Street Tree Guide should
be consulted. The City Guide contains requirements that may apply to campus
grounds when public rights of way are involved, and the comprehensive lists of
trees for a variety of special conditions can also be applied to interior campus
landscapes.
Shrubs and Understory Plantlngs
As aging, overgrown shrub and understory plantings are removed, they should
be replaced with materials selected for drought tolerance, ease of long-term
maintenance, and pedestrian safety. Planting locally available native and
adapted species will help meet the University's sustainable development goals for
landscape management. Implementation of the Xeriscape Master Plan recently
. .
developed by capstone students in the'Environmental Studies program should
be strongly considered where appropriate to convert turf areas and older shrub
plantings to water-saving landscape materials. Use of water-loving plants such as
exotic shrubs and ftowering annuals should be limited to concentrated areas near
campus gateways and significant building entries.
Irrigation
As the University continues to replace outdated and inefficient components of
the campus irrigation system. a comprehensive long-term plan for minimizing
landscape water consumption should be developed. Utilizing emerging
technologies in low-volume irrigation design and regulating consumption with
automated weather monitoring can help reduce irrigation demands. Reducing
, .
large lawn areas wherever possible will help decrease the reliance on the Talent
Irrigation District water supply, which is seasonal and highly variable. An open
dialogue between Facilities staff. the SOU Sustainability Council, and interested
student groups can help move the campus towards a more integrated strategy for
saving water in the landscape.
SOUTHERN OREGON UNIVERSITY
Community and Educational Gardens
Existing and future gardens for teaching and for production of food by campus
residents - like the ECOS Community Garden off Mountain Avenue - is
encouraged. The gardens should be developed and maintained to be neat and
welcoming. and should include interpretive information to inform students and
campus visitors about the benefits of organic practices. water saving strategies
and other best practices demonstrated by the garden.
Parking Lots
Parking lots shall include safe, dedicated pedestrian paths and trees at a spacing
consistent with the City's Site Design and Use Standards:
"11-0.3 Landscape Standards
1. Parking lot landscaping shall consist of a minimum of 7% of the total
parking area plus a ratio of 1 tree for each 7 parking spaces to create a
canopy effect. "
To the greatest degree feasible, parking lots shall be designed to include localized
stormwater treatment and infiltration facilities. Whenever possible, these
stormwater treatment facilities should be above-ground structures that incorporate
appropriate plantings for pre-treatment and filtering of particulates and pollutants.
Sign age
Monument Signs
At the gateways to campus, the primary entry and directional signs should be
consistent in scale and materials. The base or backdrop for these monument
signs should be constructed of durable materials. selected for compatibility with
existing campus architecture. The preferred composition shall include natural
stone. concrete. or masonry bases sited to blend with the natural topography.
Earthen berms may be used to blend the sign base into the natural grade where
adjacent slopes warrant their use.
Signs shall consist of raised metal letters, painted metal panels, sand-blasted or
carved stone or concrete. or other durable, natural material. Landscape plantings
of trees, low to moderate height shrubs, and ground cover may be used to accent
the composition where appropriate. Lighting shall be designed to prominentiy
illuminate and accent the sign panel so it can be easily seen by motorists and
pedestrians. The use of wood, stucco, or interior-lit plastic signs is strongly
discouraged.
General Slgnage
The University and City of Ashland have developed a Sign Program, which guides
the placement and design of signs on campus. That program will be maintained
and updated as needed to accommodate new signage needs, with appropriate
standards for signs directed to the pedestrian and the vehicle driver. When
consistent with the Sign Program and this Master Plan, signage may be approved
via the City's permitting process rather than a conditional use process.
CAMPUS MASTER PLAN UPDATE (12-APRIL-10 DRAFT]
DESIGN GUIDEliNES
Parking lots should be developed with
dedicated walkways, trees to provide
shading. and stormwater management
facilities to treat and infiltrate run-off
water.
Signage and furnishings can be blended,
to create a strong design element that
helps blend the landscape and buildings.
59
DESIGN GUIDELINES
Campus signs will be designed to provide a recognizable and consistent look to the
campus. The University anticipates development of a changeable message sign
for athletic events at McNeal Pavilion. to be located near Wightman and Siskiyou
Boulevards. Inconsistent existing signage will be brought into compliance with
standards when affected by work in their vicinity.
Urban Design Guidelines for University District Development
The University District is intended to be a walkable neighborhood, serving the
campus and the surrounding neighborhood with services and gathering places,
Development in this area should be designed to support pedestrian activity,
.
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60
SOUTHERN OREGON UNIVERSllY
Sustainability
Environmental initiatives are not new at Southern Oregon University. There have
been numerous student-led and University-led efforts in the past to address
environmental impacts. In 2000, a 5 kW photovoltaic array was placed on the
roof of the Hannon Ubrary. The ECOS Community Garden and Bike Program are
on-going examples of programs to create a hands-<ln learning experience on low-
impact systems, as are student-led efforts to pursue xeriscape landscapes. The
Environmental Studies academic program continues to attract students interested
in many aspects of environmental ieadership.
The recen~y completed Higher Education Center in Medford - a partnership with
Rogue Community College - was a successful foray into green building. The
building is projected to receive the USGBC's LEEOO Platinum rating, pending
completion of a planned photovoltaic solar array. It is designed to save 37% of
energy rela~ve to a conventional code-minimum building.
At this time. as part of on-going strategic planning, SOU is making a new
coordinated and systematic commitment to sustainability in its operations and as
a unifying theme in its teaching. State policies and University initiatives commit.
the University to certain specific actions toward reducing environmental impacts
and acting as leaders for environmental stewardship. A new position - Director
of Planning and Sustainability - has been created to direct the sustainability
programs, in conjunction with the campus-wide Sustainability Council.
In September 2007, President Cullinan signed the American College & University
Presidents Climate Commitment, which commits the campus to significant steps
toward reducing the University's impacts related to carbon emissions. This
commitment puts the University on a path to carbon neutrality, including both on-
campus operations and transportation impacts. As a tangible action, it requires
that new construction by the University attain LEEDo Silver certification. See
sidebar for the full commitment.
In addition, State and OUS policies require SOU to meet energy conservation
targets. Executive Order 06-D2 provides for the OUS to assess the feasibility of '
green strategies and calls for the OUS to take a leadership role in research into the
fields of green building, sustainable forest products, water systems management,
and renewable energy. OUS has set the following goals as part of its Climate
. Action Plan:
. Achieve climate neutrality [Scopes 1 and 2] by 2020
. Develop a vibrant economy and strong communities
. Ensure sustainable use of resources
. Enhance economic self-reliance and human well-being
. Maintain and restore natural systems
. Preserve Oregon's economic, social. and environmental assets for future
generations
Oregon's State Energy Efficiency Design [SEED] program requires "that all cost-
effective energy conservation measures [ECMs] are included in state buildings and
that the building meets the 20 percent better than code provision".6
CAMPUS MASTER PLAN UPDATE [12-APRIL-l0 DRAFTI
The Higher Education Center integrates
storm water treatment and bike parking
near the entry.
-----~ ';'~
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Solar PV array on the Hannon Library
61
SUSTAINABILlTY
iili:l,3:,.'I.l' · "rJd!!''I$'.'
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Campus central heat plant.
Waste collection offers an opportunity to
promote campus recycling efforts.
62
Beyond these mandates. the University realizes that many environmental best
practices also have economic rewards. Energy and water efficiency, as well
as waste management programs often pay for themselves through reduced
utility costS. Moreover, universities have a special opportunity to be leaders on
environmental issues because they tend to own and operate buildings for a longer
period than many private developers. Therefore, potential operationai benefits
accrue more directly to an institution.
SOU is currently in the process of developing its own Climate Action Plan. This will
comply with OUS goals, including:
. By 2010. arrest the growth of greenhouse gas emissions and begin to
reduce greenhouse gas emissions.
By 2020, achieve greenhouse gas levels that are 10 percent below 1990
levels.
. By 2050, achieve climate neutrality.
Natural Resources and Related Services
In increasing the sustainable practices of the University, it will be important to
partner with utility service providers and others who help shape the campus'
'ecological footprint: The following is a summary of those service providers.
Energy Systems
Electricity is supplied to the campus by the City of Ashland Power utility,
which provides distribution. and generates a limited amount of hydroelectric
power. Power is purchased from other utilities such as the Bonneville Power
Administration. and increasingly from distributed renewable sources such as the
PV array on Hannon Library.
Heat for campus buildings is provided by the central heat plant, located adjacent
to the Sciences Complex. Two of the four boilers in this facility were upgraded in
2008, and the remaining two boilers will be replaced in 2010. A secondary heat
plant exists on the west side of McNeal Pavilion.
Cooling is provided to selected central campus buildings with sensitive equipment
and/or large internal heat loads; the central plant includes two chillers which
meet most of this demand, though some buildings have localized air conditioning.
Ashland's favorable climate and the reduced use of the campus in summer mean
that residence halls do not need cooling to provide comfort for users. It has been
the University's policy to provide limited mechanical cooling to these facilities.
Potable water from the City of Ashland is provided to all buildings and is used for
irrigation to a limited extent Most of the irrigation water used on campus comes
from the Talent Irrigation district [TID]. It is significantly less costly to the University
to use the TID water. but it is not available in some areas of the campus and it is
not available in early spring and late fall.
Campus recycling programs send collected materials to Ashland Sanitary, which
6. www.oregon.gov/energy.
SOUTHERN OREGON UNIVERSITY
permits commingled recycling for a number of recyclable materials, including
paper fibers. metals, etc.
Trash is trucked to or picked up by Ashland Sanitary and is landfilled at their landfill
north of Ashland.
Transportation
Transit service in the Ashland area is provided by the regional Rogue Valley
Transportation District [RVTD]. which serves Ashland and Medford, as well as
Talent, Phoenix. Central Point. Jacksonville and White City, Current transit service
to Ashland, including the SOU campus. is served by the #10 bus line [between
Ashland and Medford] and the recently added # 15 bus line [with stops at Tolman
Creek Road, the SOU campus. and the Plaza]. RVTD only offers service during
workday hours Monday-Friday. This limits the population that can rely on transit for
regular access to and from the campus.
As indicated in the chart beiow, most campus users travel to the campus by
automobile. with some of these commuting in carpools, As noted in the Circulation
section, on-campus parking is by permit. with a modest fee associated.
Campus commuting by mode of travel Students Faculty Staff
Commuting in private vehicles 39% 62% 76%
Driving Alone 33% 56% 65%
Carpooi Participants 5% 3% 10%
Bus Transit Riders 4% 2% 4%
Environmental Policies under this Master Plan Update
For the reasons indicated above. the University is adopting the following policies:
1. All major renovations and new, construction will meet energy efficiency
performance targets consistent with the Presidents Climate Commitment
and the implementing Action Plan that will accompany that commitment.
2. All new construction and major renovations by the University will be
designed and constructed to meet a minimum of Silver rating under
the U.S. Green Building Council's LEED@ Rating System. The costs and
benefits of certifying to a higher lev",1 will also be evaluated.
3. The OUS-estabiished goai for carbon.neutraiity will be pursued, assuming
that funding strategies can be identified that recognize the potential for
increased capital costs. accompanied by reduced operating costs.
4. For projects serving the University but built and operated by private
partners, the University will offer incentives as available to encourage the
builder to meet the LEED@ Silver minimum standard.
5. The University will create an Energy Master Plan that will address energy
consumption in a comprehensive way and identify the most cost effective
means to comply the President's Climate Commitment [see sidebar]. As
part of energy master planning. the University will evaluate the potential to
create an "eco-district"7 with the campus and surrounding neighbors.
7. Eco-districts are an"emerging mechanism to manage resources at a neighborhood scale. They are
being assessed by other OUS cam"puses as a means to partner with LocaL private sector businesses to
reduce impacts and create business opportunities.
CAMPUS MASTER PLAN UPDATE [12-APRIL.l0 DRAFTi
SUSTAINABILlTY
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during weekdays.
LEED@ has emerged as the industry
standard for evaluating green buildings.
63
SUSTAINABILITY
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The ECOS Community Garden and the
Bike library projects help promote a
'hands-on' approach to environmental
learning. It is recommended that these
be expanded and improved, and that a
strong interpretive efement be created.
Well-managed community gardens
could also serve as an amenity to famity
housing and other campus residents.
64
6.lnline with the energy master planning process, the University will continue
to evaluate opportunities to develop renewable energy infrastructure.
A review of potential capacity for photovolatic installations has been
conducted for the campus, and is attached as an Appendix to the Master
Plan Update.
7. The University will make a coordinated effort to reduce water consumption
through the following means: ,
. Review of landscape irrigation practices. including exploration of
xeriscape landscapes where appropriate;
. Use of low-flow fixtures and other emerging technologies that
demonstrate significant water savings;
Future buildings projects will assess the feasibility of both
greywater and rainwater reuse for appropriate purposes such as
irrigation, toilet flushing. and cooling water; and
Replace existing manual irrigation systems with automated
irrigation system to increase efficiency and reduce consumption of
TI D water.
.
8. The University will continue to manage solid waste streams to reduce
waste sent to landfill. Recyclable material collection facilities will be
accommodated in new construction and renovation projects.
9. The University will continue to partner with other relevant agencies -
including the City and RVTD - to develop appropriate Transportation
Demand Management strategies, Strategies that will be assessed include:
. Development of campus housing to facilitate full-time students
ability to live close to campus and reduce or eliminate
dependence on automobiles for basic commuting;
. Review parking policies and parking facilities to create
disincentives to single-occupancy driving;
. Cooperate with City staff to help ensure that campus parking
policies do not create an excessive burden on surrounding streets;
Provide bicycle parking, showers and other amenities to serve
bicycle commuters;
. Continue to advocate for improved transit service to the University,
and cooperate with RVTD on programs designed to encourage
transit usage;
. Investigation of specialized transit options such as carpool
matching programs. preferred parking incentives, vanpools and/or
reservation-based shuttles to events at the Higher Education Center;
A 'guaranteed ride home' program for staff that commute by bus but
may occasionally miss the final bus home due to work demands;
. Appropriate partnerships with local car sharing programs.
SOUTHERN OREGON UNIVERSITY
SUSTAINABILlTY
-",
Sidebar: Energy Master Plan Outline
The goal of energy master planning is to evaluate the potential for an institution to make wide-ranging and systematic
improvements to its infrastructure and transportation patterns to reduce the environmental impacts of conventional energy.
Buildings
1. Existing Conditions analysis
a. Review of available data:
i. Historical utility billings
Ii. Sub-meter data
iii. Climate data
a. Temperature. degree days, etc.
b. Insolation
c. Rainfall. humidity, etc.
d. Prevailing winds
b. Inventory of existing equipment
i. HVAC
ii. lighting
iii. plumbing fixtures
iv. etc.
c. Collection of additional data. where needed
i. Add critical sub-meters
Ii. Comfort surveys
iii. Light levels
2.
Analysis
a.
Comparison of existing resource patterns with standards:
L Code
iL ASH RAE
m. Energy Reduction performance targets
b. Review of energy use ~balance~ (Le., heat.gaining v. heat losing patterns by season, time of day)
c. Review of energy use by fuel type/application (Le., 'high' v. 'low' grade useS/fuels)
d. Review of water consumption patterns by use (interior, landscape. etc.]. time of year
e. Definition of projects:
i. Deferred maintenance
iL Systems upgrades
iii. Envelope upgrades
Prioritization of projects:
i. Payback analysis
3. Establishment of standard(s) for new construction:
a. Linked to larger program goals
energy Sou""",
1. Assess current energy portfoliO:
a. Fuels used for on-campus systems (Central Heat Plant. etc.)
b. Source mix by utility providers (coat. natural gas, nuclear, renewables, etc.)
2, Assess potential for renewable energy production
a. PV/insolation/hours assessment
b. Wind potential
c. Alternate fuels for central utility/district energy
d. Assessment of applicable incentives
f.
Transport
1. Review of commute patterns
a. Commute distance by population (Le., students, faculty, staff)
b. Commute mode (Le., walk, bike, bus, rail, carpool, single-occupant vehicle. etc.)
2. Evaluation of transportation demand management (TOM) strategies against core functions
a. Commute reduction
i. Provision of housing near institution
iL Tele-commuting
b. Voluntary trip reduction
i. Commuter education
ii. Services: carpool matching, etc.
W. Incentives: subsidized transit passes, etc.
c. Transit provision: shuttles, etc.
----~---)
~.
CAMPUS MASTER PLAN UPDATE [12-APRIL-10 DRAFf]
65
!
. ,
66
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I
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!
<-Sid~b~~:A;"~~;ca~-C~I~ge- & U~i~~~ity Presid~nts Clim~t~ Com;"itment
I
American College & University Presidents Climate Commitment
We, the undersigned presidents and chancellors of colleges and universities, are deeply concerned about the
unprecedented scale and speed of global warming and its potential for large~scafe, adverse health, social, economic and
ecological effects. We recognize the scientific consensus that global warming ;s real and is largely being caused by
humans. We further recognize the need to reduce the global emission of greenhouse gases by 80% by mid-century at the
latest, in order to avert the worst impacts of global warming and to reestablish the more stable climatic conditions that
have made human progress over the ~ast 10,000 years possible.
While we understand that there might be short-term challenges associated with this effort, we believe that there will be
great short., medium-, and long-term economic, health, social and environmental benefits, including achieving energy
independence for the U.S. as quickly as possible.
We believe coffeges and universities must exercise leadership in their communities and throughout society by modeling
ways to minimize global warming emissions, and by providing the knowledge and the educated graduates to achieve
climate neutrality._ Campuses that address the climate challenge by reducing global warming emissions and by integrating
sustainability into their curriculum wilt better serve their students and meet their social mandate to help create a thriving,
ethical and civil society. These colleges and universities will be providing students with the knowledge, and skills needed to
address the critical, systemic challenges faced by the world in this new century and enable them to benefit from the
economic opportunities that will arise as a result of solutions they devefop.
We further believe that colleges and universities that exert leadership in addressing climate change will stabilize and
reduce their long-term energy costs, attract excellent students and faculty, attract new sources of funding, and increase
the support of alumni and local communities. Accordingly, we commit our Institutions to taking the followIng steps In
pursuit of climate neutrality:
1. Initiate the development of a comprehensive plan to achieve climate neutrafityas soon as possible.
a. Within two months of signing this document, create institutional structures to guide the development and
implementation of the plan.
b. Within one year of signing this document, complete a comprehensive inventory of all greenhouse gas emissions
(including emissions from electricity, heating, commuting, and air travel) and update the inventory every other
year thereafter.
c. Within two years of signing this document, develop an institutional action plan for becomi!lg climate neutral,
which will include:
i. A target date for achieving climate neutrality as soon as possible.
ii. Interim targets for goalS and actions that wifllead to climate neutrality.
iii. Actions to make climate neutrality and sustainability a part of the curriculum and other educational
experience for all students.
iv. Actions to expand research or other efforts necessary to achieve climate neutrality.
v. Mechanisms for tracking progress on goals and actions.
2. Initiate two' or more of the following tangible actions to reduce greenhouse gases while the more comprehensive plan is
being developed.
a. Establish a policy that all new campus construction will be built to at least the V.S. Green Building Council's LEED
Silver standard or equivalent.
b. Adopt an energy-efficient appliance purchasing policy requiring purchase of ENERGY STAR certified products in
all areas for which such ratings exist.
c. Establish a policy of offsetting all greenhouse gas emissions generated by air travel paid for by our institution.
d. Encourage use of and provide access to public transportation for all faculty, staff, students and visitors at our
institution
e. Within one year of signing this document, begin purchasing or producing at least 15% of our institution's
electricity consumption from renewable sources.
f. Establish a policy or a committee that supports climate and sustainability shareholder proposals at companies
where our institution's endowment is invested.
g. Participate in the Waste Minimization component of the national RecycleMania competition, and adopt 3 or more
associated measures to reduce waste.
3. Make the action plan, inventory, and periodic progress reports publiCly available by providing them to the Association
for the Advancement of Sustainabi/ity in Higher Education (AASHE) for posting and dissemination,
I
I
I
In recognition of the need to build support for this effort among college and university administrations across America, we
will encourage other presidents to join this effort and become signatories to this commitment.
Signed;
I
\
111e Signatories of the American College & University
Presidents Climate Commitment
,
Source: http://www.preSidentsclimatecommitment.orglhtml/commitment.p~
---------------~-----_._~- --- -------
APPENDIX 1
ALTERNATIVES ASSESSMENT
CAMPUS MASTER PLAN UPDATE [12-APRIL-1O DRAFT]
67
APPENDIX 1
Master Plan Alternatives Assessment
The changes to academic buildings expected under this Master Plan Update
are not expected to include major new construction. but rather renovation and
modest expansion to existing facilities. Therefore, the primary differences between
the alternatives considered focus on faculty housing and student residential life
(housing and dining). The alternatives demonstrate several manners in which
growth in residential iife aspects of the campus can be strategically used to shape
and refine a long-range structure for the campus.
Alternative 1:
This alternative represented the least change to the campus, proposing in
student and faculty housing and academic buildings. In addition to the features
mentioned above in the Common Element section, some of the key features of
Alternative 1 include:
Renovate academic buildings: expand Theater and Sciences complexes. as
noted above.
. Renovate Cascade Complex in place: update and rehabilitate the first-year
student housing and dining facilities in the same general configuration as
the existing complex.
. Create new mixed-use student housing development: new apartment-style .
student housing with ground-floor retail on Ashland Street. .
. Build new faculty housing 'village:' new cluster housing development
(approximately 12 units) for faculty members on Henry Street west of
Mountain Avenue.
Alternative 2:
The focus of Alternative 2 was to develop a new significant student housing node
on the north campus that would provide a var.iety of graduated housing types
for students and establish this area as a distinct residential district. Student
housing facilities in this district could include quad dorms, suite-style housing, and
apartment-style housing.
In this alternative, the dining hall would be de-coupled frorn Cascade Complex, and
developed in a separate facility - possibly adjaceot to Cox Hall. The site indicated
in this alternative for dining services would enable campus food services to be
more widely available to students, faculty, and staff on the east side.of campus.
The residential facilities in Cascade Complex would be renovated and kept as first-
year student housing during the academic year and potentially conference lodging
in the summer.
Alternative 2 also indicated a faculty housing village of about 36 units at the
corner of Iowa Street and Walker Avenue. This location was targeted because of its
proximity to the local elementary and middle school on Walker Avenue. and to the
Old Mill Village student family housing compiex.
68
SOUTHERN OREGON UNIVERSllY
APPENDIX 1
Alternative 3:
Conceptually, Alternative 3 represented the greatest change from the existing cam-
pus structure. It located the vast majority of student housing and dining services
on the North Campus to develop a vibrant residential life node that is coupled with
athletics, student health, and residential life services.
Major student housing development expansion .in the north campus would occur
in a quadrangle between Ashland Street and Webster Street. This model could be
extended as demand warrants northward along the east side of Wightman Street,
from Webster Street to Iowa Street. Under this alternative, Cascade Complex, Cox
Hall, and the Student Health and Wellness Center would be removed entirely and
"land banked" for future academic core expansion on the east side of campus.
The existing Elderhostel, conferencing and Lifelong Learning programs would be
transitioned to Susanne Homes or a new purpose-built facility.
An expanded faculty village of approximately 48 units. would be developed behind
the existing long-term parking lot on Mountain Avenue. This location for'the faculty
housing village was chosen because of its compatibility with the adjacent existing
single-family housing and the opportunity to provide a positive interface between
the University and the adjacent neighborhood.
Other key concepts in Altemative 3 include:
. Re-routing the perimeter road behind Susanne Homes away from the
building to improve safety and privacy.
. Extending the perimeter road into the future academic core expansion area
and terminating the entry with a circle, similar to the facility near Hannon
Library.
. Relocating the existing tennis courts to vacant land along Iowa Street.
Preferred Alternative .
The Preferred Master Plan represents the best elements from each of the three
alternatives, and includes modifications based on feedback from university faculty,
staff, and students. The overall concept of the Preferred Master Plan relies on
. creating a significant student residential cluster on the north campus, substantially
improving the pedestrian circulation system to better connect the new student
residential life. node to the academic core. The preferred alternative also called
for new faculty housing, in some combination of the sites identified in the original
alternatives: around Lot 36, or along Walker Avenue, near the railroad and multi-
use path crossing. In both cases, these sites would let the faculiy housing serve as
an interface between the University and the adjacentneighborhoods.
CAMPUS MASTER PLAN UPDATE 112:APRIL-10 DRAFTJ
69
APPENDIX 1
Figure 15. Af~ernative 1. Minimal fntervention
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SOUTHERN OREGON UNIVERSllY
APPENDIX 1
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CAMPUS MASTER PLAN UPDATE (12-APRIL-1O DRAFTI
r
APPENDIX 2
SUMMARY OF FACILITIES CONDITIONS ASSESSMENTS
73
APPEN DIX 2
Facilities Conditions Assessment
In late 2008, SOU contracted with ISES Corporation to conduct detailed Facility Conditions Analyses affive major campus
buildings' Churchill Hall, Brttt Hall, Central Hall, Science I, and McNeal Pavilion. These reports were reviewed and the types
of work recommended are very briefly summarized below, as well as the costs identified for those items. ISES'reports
represent a review of work related to deferred maintenance, and used a ten-year period as the horizon to determine if
major reinvestment is warranted. .
The ISES reports note - and it bears repeating here - that these costs do not include other types of work that may be
appropriate during a major renovation, such as program changes, telecommunications, furnishings, window treatments,
'swing space' and contingency. In other words, these reports do not yet describe a full renovation project.
Churchill Hall
. ADA: first and second priority upgrades needed for code compliance
. Elevator - plan for future replacement
. Abatement of any remaining asbestos-containing materials: piping insulation, fire protection. finishes
. Fire/Life-safety:
o widespread upgrades to corridor elements. interior doors, hardware
o replacement of non-compliant fire alarm system
o install fire suppression throughout, replace at catwalk area
o install egress lighting
o exit signage to be replaced - LED recommended
. Exterior masonry & paint finish - ivy damage
. Water infiltration at basemenVfoundation wall
. Repair/replacement of eave gutter/downspout system
. Replace older [approx. 60%) exterior doors & windows
o Windows with historic profiles, modern asserryblies
o Basement level service doors
. Roof:
o Single-ply membrane: localized repair of membrane roof [new in 2008. but poorly installed]
o Tile roof areas: repair of valley flashings, past patches, etc.
. Foundation. timber posts: full seismic review recommended
. Mechanical:
o replace all HVAC equipment: VAV-CAV systems, based on space. w/ DDC and VFDs, as appropriate;-
o add local chilled water component.
. Electrical - major upgrades throughout: install new transformers. switchgear, conductors. connections,
terminations, power panels, switches. raceways, conductors, and devices.
. Plumbing - widespread replacement of supply piping and fixtures
. Interior wall finishes, widespread selective repair and upgrades
. Interior floors: selective VCT replacement. full carpet replacement
BrtttHall
. Replacement of ground floor exterior doo~s
. Exterior painting at wood trims
. Evaluation by SE of timber-framing, in selected areas
. Correct water infiltration at foundation walls, including at conduit penetrations
. Roof: single-ply membrane poorly installed, will require periodic repairs
. Remove and re-install attic insulation
. Ceiling finish repair. replacement and upgrades
. Consider cosmetic upgrades of floor finishes. integrated with other work
. Replace hardwood flooring at second floor stage area
. Upgrade interior door handles for ADA and fire/life-safety compliance
. Stairways and first floor raised terrace need compliant guardrails. handrails and nosings
. Fire/Life-safety:
o compliant fire separations needed throughout
o replacement of approx 30% of interior corridor doors
o replacement of non-compliant fire alarm system
o install fire suppression throughout, replace at catwalk area
o exit signage to be replaced at basement & second floor - LED recommended
. Mechanical: replace all HVAC equipment [including ductwork, terminals, fans, heat exchangers, controls. etc]:
YAY-CAY systems, based on space. w/ DDC and VFDs, as appropriate
. Electrical: widespread upgrades of whole system, including service from transformer
. Lighting: interior upgrade at second and basement levels
. Plumbing: widespread replacement of supply and drain piping; replace fixtures
. Elevator - plan for future comprehensive renovation
74 SOUTHERN OREGON UNIVERSllY
APPENDIX 2
Science I
. Exterior paint in 2-5 years. wood trims need more frequent re-painting
. Window replacement throughout
. Replacement of basement and roof service doors, and first floor egress doors
. Consider cosmetic flooring, interior wall and ceiling finish upgrades as part of major renovation
. Complete replacement of laboratory cabinets, furnishings
. Priority one and two accessibility upgrades: entries, paths. restrooms, signage, counters, etc.
. Abatement of any remaining asbestos-containing materials: piping insulation, fire protection, finishes
. Stairways need compliant guardrails, handrails and nosings
. Fire/Life-safety:
o compliant fire separations needed throughout
o upgrade of interior fire sep'aration doors and hardware
o replacement of non-compliant fire alarm system
o install fire suppression throughout
o exit signage recommended to be replaced- LED recommended
o upgrade, expand eyewash stations
. Me~hanical:
o provide new central HVAC for first floor and basement: VAV/CAV, including ductwork. terminal units,
piping, controls, electrical, etc.
o add air-cooled package chiller w/ HVAC upgrades
o full replacement of fume hoods with VAVexhaust
. Electrical:
o request upgrade of transformer
o upgrade full distribution network
o upgrade interior lighting, including egress lighting
. Plumbing:
o replace most supply and all drain piping
o upgrade all fixtures, except in few rooms recently upgraded
o replace hot water [exchanger.type] generator due to scaling, deterioration
Central Hall
. Repaint masonry in 6-10 years.
. Repair, repaint wood trims
. Replace single-ply roof membrane
. Repair tile roofing systems
. Repair of sealanVcaulking systems at windows, especially on south fac;ade
. Water infiltration at basemenVfoundation wall, especially in northwestern area
. Replace exterior deck coating on first floor terrace [off Room 142J
. Inspect floor structure and slab at former file storage area for integrity, due to observed slope; correct structure or
appiy topping slab to correct slope, depending on results of structural study
. Consider cosmetic flooring, interior wall and ceiling finish upgrades as part of major renovation
. Priority one and two accessibility upgrades: entries, paths, restrooms, signage, counters, etc.
. Upgrade interior door hardware per ADA requirements
. Stairways need compliant guardrails, handrail~ and nosings
. Fire/Life-safety:
o compliant fire separations needed throughout
o upgrade of interior fire separation doors and hardware
o replacement of non-compliant fire alarm system
o install fire suppression throughout
o exit signage recommended to be replaced- LED recommended
o . upgrade egress lighting system to utilize select normal lighting fixtures
. Mechanical: Install a new modern HVAC system with VAV and terminal VAV reheat, including new air handlers,
ductwork, terminal units, heat exchangers, pumps, piping, controls, and electrical connections. Incorporate VFDs
as applicable, and DDCs.
. Electrical: complete upgrade of all servic.e and distribution equipment, which is 'timeworn' and obsolete
. lighting: redesign and upgrade all interior lighting, including occupancy sensors
. Provide genera.tor-based emergency power system
. Plumbing:
o Upgrade supply and drain pipes, including sump pump; provide backflow prevention at supply service
o Selective upgrade of service sink faucets, replacement of toilet seats
CAMPUS MASTER PLAN UPDATE [12-APRIL-l0 DRAFTI
75
APPEN DIX 2
McNeal Pavilion
. Full structural assessment of bearing frame and walls
. Exterior paint in less than 5 years; repair & repaint wood trims sooner and more often
. Replace all older exterior doors and frames, including roll~ups: replace interior trims
. Replace exterior clerestory windows at gym
. Water infiltration at basemenVfoundation wall, especially at\north and east walls
. Replace membrane roof and associated insulation, flashings. penetrations, etc.
. Replace deck coating on terrace deck to north
. Extensive inspection and corrective repair to flashings, gutters of metal roof area
. Consider cosmetic flooring, interior wall and ceiling finish upgrades as part of major renovation
. Hardwood floors:
o refinish floor at basketball gym, with selective replacement
o replace floor at wresting gym
o refinish and repair hardwood floors at dance studio and practice gym
. Pool:
o replace/upgrade all equipment
o replace poolside deck
. Comprehensive renovation of locker rooms, including new furnishings
. Priority one and two accessibility upgrades: entries, paths, restrooms, signage, counters, etc.
. Abatement of any remaining asbestos-containing materials: piping insulation, fire protection, finishes
. Stairways need compliant guardrails, handrails and nosings .
. Fire/Life-safety:
o compliant fire separations needed throughout - especially at basement to stairs connections
o upgrade of interior fire separation doors and hardware - approx 75% of doors
o replacement of non-compliant fire alarm system
o complete installation of fire suppression throughout
o exit signage recommended to be replaced- LED recommended
o complete upgrade of egress lighting system to utilize select normal lighting fixtures
o provide source of emergency power adequate for full building load
. Mechanical upgrades to building HVAC:
o direct in-kind replacement of newer (but worn) components
o re-design and upgrade of older components
o replacement of supply piping and selected older drain piping
o fixture replacement in older area and element replacement as needed
o replacement of steam-coupled water generator
. Elevator renovation
76 SOUTHERN OREGON UNIVERSITY
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Figure A2-1. Proposed Jefferson Public Radio rendering
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APPENDIX 3
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APPENDIX 4
ANALYSIS OF POTENTIAL FOR SOLAR ENERGY PRODUCTION
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Building Name MeNealPavilion
Sub-Building S NE highest ( top roof)
Roof Piteh flat flat fiat flat
Orientation na na na
Roof Area sq ft 62,498 6,800 11,050 17,000
white white membrane white membrane white membrane
Roof Material membrane
EPDM EPDM EPDM EPDM
reroof due 2009 2009 2009 2009
Inspected by BaeGen Y Y Y Y
Obstructions vents, skylights vents, skylights vents, skylights
Parapet no no sloping, half ro.of
Shading trees, higher higher building vents
buildings, vents part
Solar Area sq ft
Est. Array size (W) 31,500 50,400 67,200
Combined Array Size (W) 149,100
# strings 71
DC amperage (A) 347
Crystalline 30 Crystalline 30 Crystalline 30
degree tilt 3 degree tilt 3 degree tilt 3
. Proposed Solar Technology panels in panels in panels in
landscape EW landscape EW landscape EW
30 panels, 2 18 panels, 4 16 and 9 panels,
rows rows 5 rows
Structural To be checked
mechanical room,
Disconnect existing conduit
. outside bid wall
Power usage . TBD
Voltage TBD
alternative:
SunLink racks,
Comment single rows, to be reroofed
minimum
penetration
Rating Pi
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Building Name Music Hall
Sub-Building
Roof Pitch flat
Orientation na
Roof Area sq It 21,080
Roof Material white membrane EPDM
last reroofed
reroof due 2009
Inspected by BacGen y
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Parapet 12"
Shading trees minimum effect
Solar Area sq It 11,000
Est. Array size (W) 65,100
Combined Array Size (W) 65,100
# strings 31
DC amperage (AI 152
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landscape EW 18 panels, 7 rows
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Building Name . Hannon library
Sub-Building
Roof Pitch flat
Orientation na
Roof Area sq ft 44,303
Roof Material white membrane EPDM
last reroofed
reroof due
Inspected by BacGen Y
Obstructions penthouses, existing array, vents
Parapet 12"
Shading trees, penthouses
Sola~ Area sq ft
Est. Array size (W) 65,100
Combined Array Size (W) 65,100
# strings 31
DC amperage (A) 152
Proposed Solar Technology Crystalline 30 degree tilt 3 panels in landscape
Structural
Disconnect on roof
Power usage
Voltage 480 3 ph
Comment existing array, shade from trees
Rating P3
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Building Name Education & Psychology
Sub-Building
Roof Pitch flat and tilt
Orientation
Roof Area sq It 10,640
Roof Material corrugated, membrane epdm
last reroofed ,
reroof due
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Obstructions
Parapet
Shading
Solar Area sq It
Est. Array size (W) 7g,120
Combined Array Size (W) 78,120
# strings 186
DC amperage (A)
Proposed Solar Technology First Solar panels, use 55! Clamp on tilted
roofs and unirac or Sunlink on flat roof parts
Structural
Disconnect
Power usage
Voltage
Comment This example was added to show a Thin Film
Design
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CITY OF ASHLAND SITE DESIGN AND USE STANDARDS[~q.~B.'lI)lf'c'" ",~\;
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APPEN DIX 5
C. Commercial, Employment, and Industrial Development
Commercial and employment developments should have a positive impact upon the
streetscape. For example, buildings made of unadorned concrete block or painted with
bright primary colors used to attract attention can create an undesirable effect upon the
streetscape.
Landscaping and site design for commercial and employment zones is somewhat different
from that required for residential zones. The requirement for outdoor spaces is, of course,
much less. The primary function is to improve the project's appearance, enhance the City's
streetscape, lessen the visuai and climatic impact of parking areas, and to screen adjacent
residential uses from the adverse impacts which commercial uses may cause.
One area in which Ashland's commercial differs from that seen in many other cities is the
relationship between the street, buildings, parking areas, and landscaping. The most
common form of modern commercial development is the placement of a smail buffer of
landscaping between the street and the parking area, with the building behind the parking
area at the rear of the parcel with loading areas behind the building. This my .be desirable for
the commercial use because it gives the appearance of ample parking for customers,
however, the effect on the streetscape is less than desirable because the result is a hast
hot, open, parking area which is not only unsightly but results in a deveiopment form which
the City discourages.
The alternative desired in Ashland is to design the site so that it makes a positive
contribution to the streetscape and enhances pedestrian and bicycle traffic. This is
accomplished through the following three level review process.
The foilowing development standards apply to manufacturing and commercial zones. Their
application depends on what area of the City the property is located. Generaily speaking,
areas that are visible from highly traveled arterial streets, and that are in the Historic District,
are held to a higher deve.lopment standard than projects that are in industrial parks. This
difference is detailed by the maps, which delineate a Detail site Review Zone. Properties
outside the zone only have to comply with Basic Site Review Standards, while projects in
the Zone have to comply with both Basic and Detail Site Review Standards.
U-C-1 Basic Site Review Standards
APPROVAL STANDARDS
i Development in all commercial and employment zones
, shall conform to the following development standards:
L_~
II-C-1 a) Orientation and Scale
1. Buildings shall have their primary orientation toward the street rather than
the parking area. Building entrances shail be oriented toward the street and
shail be accessed from a public sidewalk. Where buildings are located on a
corner lot, the entrance shail be oriented toward the higher order street or to
r:., Ashland Site Design & Use Standards
17
96
SOlIlHERN OREGON UNIVERSITY
APPENDIX 5
the lot corner at the intersection of the streets. Public sidewalks shall be
provided adjacent to a public street alon'g the street frontage. Buildings shall
be located as close to the intersection corner as practicable. (Amended
September 23, 2003 Ordinance # 2900)
2. Building entrances shall be located within 20 feet of the public right of way to
which they are required to be oriented. Exceptions may be granted for
topographic constraints, lot configuration, designs where a greater setback
results in an improved access or for sites with multiple buildings, such as
shopping centers, where this standard is met by other buildings. Automobile
circulation or parking shall not be allowed between the building and the right-
of-way. The entrance shall be designed to be clearly visible, functional. and
shall be open to the public during all business hours. (Amended September 23. 2003
Ordinance # 2900)
3. These requirements may be waived if the building is not accessed by
pedestrians. such as warehouses and industrial buildings without attached
offices, and automotive service stations. (Amended September 23, 2003 Ordinance #
2900)
. II-C-1b) Streetscape
One street tree chosen from the street tree list shall be placed for each 30 feet of
frontage for that portion of the development fronting the street.
II-C-1c) Landscaping
1. Landscaping shall be designed so that 50% coverage occurs after one year
and 90% coverage occurs after 5 years.
2. Landscaping design shall utilize a variety of low water use and deciduous
and evergreen trees and shrubs and flowering plant species.
3. Buildings adjacent to streets shall be buffered by landscaped areas at least
10 feet in width. except in the Ashland Historic District. Outdoor storage
areas shall be screened from view from adjacent public rights-of-way, except
in M-1 zones. Loading facilities shall be screened and buffered when
adjacent to residentially zoned land.
4. Irrigation systems shall be installed to.assure landscaping success.
5. Efforts shall be made to save as many existing healthy trees and shrubs on
the site as possible.
II-C-1d) Parking
1. Parking areas shall be located behind buildings or on one or both sides.
2. Parking areas shall be shaded by deciduous trees, buffered from adjacent
non-residential uses and screened from non-residential uses.
II-C-1e) Designated Creek Protection
1. Designated creek protection areas shall be considered positive design
elements and incorporated in the overaU design of a given project.
2. Native riparian plan materials shall be planted in and adjacent to the creek to
enhance the creek habitat.
II-C-1f) . Noise and Glare
Special attention to glare (AMC 18.72.110) and noise (AMC 9.08.170(c) & AMC
9.08.175) shall be considered in the project design to insure compliance with
these standards.
~.l' Ashland Site Design & Use Standards
18
CAMPUS MASTER PLAN UPDATE [12.APRIL.l0 DRAFTI
97
APPENDIX 5
II-C-1g) Expansions of Existing Sites and Buildings
For sites which do not conform to these requirements, an equal percentage of
the site must be made to comply with these standards as the percentage of
building expansion, ,e.g.. if a building area is expanded by 25%. then 25% of the
site must be brought up to the standards required by this document.
BASIC 5m: REVIEW CoNCEPTlJAL 5m: PLAN
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19
98
SOUTHERN OREGON UNIVERSITY
APPENDIX 5'
1I-C-2 Detail Site Review
APPROVAL STANDARDS
i Developments that are within the Detail Site Review Zone shall,
i in addition to complying with the standards for Basic Site Review,
: conform to the following standards:
II-C-2a) Orientation and Scale,
1. Developments shall have a minimum Floor Area Ratio of .35 and shall not
exceed a maximum Floor Area Ratio of ,5 for all areas outside the Historic
District. Plazas and pedestrian areas shall count as floor area for the
purposes of meeting the minimum Floor Area Ratio.
2. Building frontages greater than 100 feet in length shall have offsets, jogs, or
have other distinctive changes in the building facade.
3. Any wall which is within 30 feet of the street, plaza or other public open
space shall contain at least 20% of the wall area facing the street in display
areas, windows, or doorways. Windows must allow view into working areas
or lobbies, pedestrian entrances or displays areas. Blank walls within 30 feet
of the street are prohibited. Up to 40% of the length of the building perimeter
can be exempted for this standard if oriented toward loading or service
areas.
4. Buildings shall incorporate lighting and changes in mass. surface or finish to
give emphasis to entrances.
5. Infill or buildings. adjacent to public sidewalks. in existing parking lots is
encouraged and desirable.
6. Buildings shall incorporate arcades. roofs, alcoves, porticoes. and awnings
that protect pedestrians from the rain and sun.
II-C-2b) Streetscape
1. Hardscape (paving material) shall be utilized to designate "people" areas.
Sample materials could be unit masonry. scored and colored concrete,
grasscrete. or combinations of the above.
2. A building shall be setback not more than 20 feet from a public sidewalk
unless the area is used for pedestrian activities such as plazas or outside
eating areas. This standard shall apply to both street frontages on corner
lots. If more than one structure is proposed for a site, at least 65% of the
aggregate building frontage shall be within 20 feet of the sidewalk. (Amended
September 23, 2003 Ordinance # 2900)
1I-C-2c) Parking and On-site Circulation
1. Protected raised walkways shall be installed through parking areas of 50 or
more spaces or more than 100 feet in average width or depth.
2. Parking lots with 50 spaces or more shall be divided into separate areas and
divided by landscaped areas or walkways at least 10 feet in width, or by a
building or group of buildings.
3. Developments of one acre or more must provide a pedestrian and bicycle
circulation plan for the site. One-site pedestrian walkways must be lighted to
a level where the system can be used at night by employees, residents and
!:'.l" Ashland Site Design & Use Standards
20
CAMPUS MASTER PLAN UPDATE [12.APRIL.10 DRAFTI
99
APPENDIX 5
customers. Pedestrian walkways shall be directly linked to entrances and to
the internal circulation of the building.
II-C-2d) Buffering and Screening
1. Landscape buffers and screening shall be located between incompatible
uses on an adjacent lot. Those buffers can consist or either plant material or
building materials and must be compatible with proposed buildings.
2. Parking lots shall be buffered from the main street, cross streets and
screened from residentially zoned land.
II"C-2e) Lighting
Lighting shall include adequate lights that are scaled for pedestrians by
including light standards or placements of no greater than 14 feet in height
along pedestrian pathways.
II-C-2f) Building Materials
1. Buildings shall include changes in relief such as cornices, bases.
fenestration, fluted masonry. for at least 15% of the exterior wall area.
2. Bright or neon paint colors used extensively to attract attention to the
building or use are prohibited. Buildings may not incorporate glass as a
majority of the building skin.
DETAIL SIlE REVIEW CoNCEPTUAL SIlE PLAN
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SOUTHERN OREGON UNIVERSllY
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Detail Site Review Zone
Siskiyou Boulevard, Ashland Street and Walker Avenue
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Detail Site Review Zone
Crowson Road
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II-C-3 Additional Standards for Larae Scale Proiects
-- - ----.,-------.-----------.. --_._------~----
APPROVAL STANDARDS
,
, Developments/1) Involving a gross floor area in excess o~ 10,000 sq. ft.
or a building frontage in excess of 100 feet in leng1h, (2)located within
the Detail site Review Zone, shall, in addition to complying to the
standards for Basic and Detail Site review, shall cijilform to the
following standards:
. _~____ __~. .__ _.____.____ _..J
II-C-3a) Orientation and Scale
1. Developments shall divide large building masses into heights and sizes that
relate to human scale by incorporating changes in building masses or
direction, sheltering roofs, a distinct pattern of divisions on surfaces,
windows, trees, and small scale lighting.
2. Outside of the Downtown Design Standards Zone, new buildings or
expansions of existing buildings in the Detail Site Review Zone shall conform
to the following standards: (Amended September 23.2003 Ordinance # 2900)
a. Buildings sharing a common wall or having walls touching at or
above grade shall be considered as one building.
102 SOUTHERN OREGON UNIVERSllY
b. Buildings shall not exceed a building footprint area of 45,000
square feet as measured outside of the exterior walls and
including all interior courtyards. For the purpose of this section an
interior courtyard means a space bounded on three or more sides
by walls but not a roof.
c. Buildings shall not exceed a gross floor area of 45,000 square
feet, including all interior floor space, roof top parking, and outdoor
retail and storage areas, with the following. exception:
Automobile parking areas located within the building footprint and
in the basement shall not count toward the total gross floor area.
For the purpose of this section, basement means any floor level
below the first story in a building. First story shall have the same
meaning as provided in the building code.
d. Buildings shall not exceed a combined contiguous building length
of 300 feet.
Inside the Downtown Design Standards Zone, new buildings or expansions
of existing buildings shall not exceed a building footprint area of 45,000
square feet or a gross floor area of 45,000 square feet, including roof top
parking, with the following exception:
Automobile parking areas locate within the building foot print and in the
basement shall not count toward the total gross floor area. For the purpose
of this section, basement means any floor level below the first story in a
building. First story shall have the same meaning as provided in the building
code.
3. Buildings not connected by a common wall shall be separated by a distance
equal to the height of the tallest building. If buildings are more than 240 feet
in length, the separation shall be 60 feet.
4. All on-site circulation systems shall incorporate streetscape which includes
curbs, sidewalks, pedestrian scale light standards and street trees.
lARGE ScAlE DEVELOPMENT CoNCEPTUN. ElEVATION
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II-C-3b) Public Spaces
1. One square foot of plaza or public space shall be required for every 10
square feet of gross floor area.
2. A plaza or public spaces shall incorporate at least 4 of the 6 following
elements:
a. Sitting Space - at least one sitting space for each 500 square feet
shall be included in ttie plaza. Seating shall be a minimum of 16
inches in height and 30 inches in width. Ledge benches shall have
a minimum depth of 30 inches.
b. A mixture of areas that provide both sunlight & shade.
c. Protection from wind by screens and buildings.
104 SOUTHERN OREGON UNIVERSllY
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d. Trees - provided in proportiol1 to the space at a minimum of 1 tree
per 500 square feet, at least 2 inches in diameter at breast height.
e. Water features or public art.
f. Outdoor eating areas or food vendors.
II-C-3c) Transit Amenities
Transit amenities, bus shelters" pullouts, and designated bike lanes shall be
required in accordance with the City's Transportation Plan and guidelines
established by the Rogue Valley Transportation District.
II-C-3d) Recycling
Recycling areas shall be provided at all developments.
CAMPUS MASTER PLAN UPDATE [12.APRIL.l0 DRAFT]
105
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CITY Of
ASHLAND
Council Communication
Second Reading of Ordinance Amending Chapter 9 Concerning Weed Abatement
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: None Secondary Contact: Megan Thornton
Approval: Martha B Estimated Time: 5 Minutes
Question:
Should the Council approve Second Reading of an ordinance amending Chapter 9 concerning weed
abatement in the City of Ashland?
Staff Recommendation:
Staffrecommends Council approve the Second Reading and adoption ofthe ordinance.
Background:
On April 6, 2010 Council approved first reading of this ordinance.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve Second Reading of and adoption of the ordinance.
(2) Council can postpone Second Reading.
Potential Motions:
Staff: Conduct Second Reading:
Council: Motion to approve Second Reading and adoption of the Ordinance.
Attachments:
Proposed Ordinance
Page t of I
~~,
/
ORDINANCE NO.
AN ORDINANCE RELATING TO WEED ABATEMENT,
NOXIOUS VEGETATION, AMENDING AMC CHAPTER 9.04,
AMC 13.02.050 AND REPEALING AMC 9.08.100
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have' all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, weeds and noxious vegetation constitute a fire hazard to persons and
property within the city; and
WHEREAS, the weed abatement ordinance was originally adopted in 1951 and
revisions to the code are necessary to facilitate the removal of weeds and noxious
vegetation;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.002 [Purpose] is hereby added to read as follows:
9.04 Weeds and Noxious Veaetation Abatement
9.04.002 Purpose.
The purpose of this chapter is to reduce the risk of damaoe to property and
persons bv fire due to weeds, and to reduce hazards to public health.
aoriculture. recreation, and wildlife bv controllino the arowth of weeds and
noxious veoetation. Ashland Fire and Rescue and the city's Code
Compliance Officers intend to prioritize enforcement and abatement under
this chapter based upon the dearee of fire risk or other hazard caused bv
the violation and the availabilitv of resources.
SECTION 2. Section 9.04.005 [Definitions] is hereby added to read as follows:
Ordinance No.
Page I of5
9.04.005 Definitions.
A. Code Compliance Officer: all individuals desianated as such pursuant
to AMC 1.08.005, includina specificallv the Fire Chief.
B. Fire Chief: the City of Ashland Fire Chief or his/her authorized desianee.
C. Fire hazard: a written determination from the Fire Chief that the aualitv,
condition, and/or location of veaetation creates a risk of fire.
D. Noxious vegetation: all veaetation listed on the noxious weed list
promulaated bv the Oregon Department of Agriculture's Plant Division.
E. Owner: owner of real property, aaent of the owner, and/or occupant of
any lot or parcel of land.
F. Summer season: between Mav 15 and September 30 of any year, or the
end of fire season as declared bv the Oreaon Department of Forestrv,
which ever is later.
G. Weed:
(1) Vegetation, arass, shrubbery, and round wood that is less than 1/4
inch in diameter and more than four inches (4") high, and
(2) Veaetation that is a:
(a) Health hazard, such as providina harborage for vermin;
(b) Fire hazard due to the auantitv and/or location: or
(c) Traffic hazard because it impairs the view of a public
thorouahfare or otherwise makes use of the thorouahfare
hazardous.
SECTION 3. Section 9.04.010 [Weeds Declared Nuisance] is hereby amended to read
as follows:
9.04.010 Weeds Declared Nuisance
The arowth or maintenance of weeds upon lots and parcels of land, and
abuttina riahts-of-wav in the City durina the summer season, or at any
other time of year when deemed a fire, health or traffic hazard, is declared
to be a nuisance.
The growth of grass, weeds, shrubbery, and vegetation upon yacant and
other lots and parcels of land, and the streets and alleys abutting thereon,
in the City, during the summer season, constitutes a fire menace and
greatly increases the fire hazard in the City, and is declared to be a
nuisance.
SECTION 4. Sections 9.04.012 [Noxious Vegetation Declared Nuisance] through
9.04.015 [Exemptions to Nuisance] are hereby added to read as follows:
Ordinance No.
Page 2 of5
9.04.012 Noxious Veaetation Declared Nuisance
The arowth or maintenance of noxious veaetation upon lots and parcels of
land. and abuttina riahts-of-way in the City at any time is declared to be a
nuisance.
9.04.015 Exemptions to Nuisance
A. The term "weed" does not include veaetation that constitutes an
aaricultural crop or decorative residentiallandscapina, unless that
veaetation is a fire. health, or traffic hazard.
B. It shall not be a violation of this chapter for property owners to maintain
wetland or upland native veaetation in its natural state either on their
property or in common areas when reauired to do so pursuant to the
reauirements of state law, city ordinance or land use approval. Nothina
herein prohibits a property owner from preservina native veaetation in
its natural state in excess of the reauirements of state law or city
ordinance, provided the owner prepares and implements a manaaement
plan for maintenance of the natural area and said plan is approved and
on file with the community development department.
SECTION 5. Sections 9.04.020 [Removal - Responsibility] and 9.04.030 [Violation] are
hereby amended, and sections 9.04.024 [Responsibility of Owner -Removal of Noxious
. Vegetation] and 9.04.028 [Abatement Process] are hereby added to read as follows:
9.04.020 Responsibility of Owner - Removal of Weeds Responsibility
The owner of any lot or parcel of land within the limits of the City of
Ashland shall cut and/or remove weeds arowina thereon. and on adiacent
and abuttina riahts-of-way, between May 15th and June 15th of each year.
It shall be the duty of an owner to continue to cut and remove the weeds
throuahout-the summer season, or any other time of year when deemed a
fire, health, or traffic hazard.
The owner, agent of owner and/or oGGupant of any lot or parGel of land
within the limits of the City of Ashland shall Gut and remove the weeds,
grass, bushes and shrubbery, eXGept ornamental bushes and shrubbery,
growing ther-eon, or on adjaGent and abutting streets, avenues, and alleys,
between May 15th and June 15th of eaGh year and shall, where the same
grows a seGond growth, Gut the same a second time during the summer
and in Gase of failure to do so, said person or persons shall be subjeGt to
fine and/or imprisonment and tAe City may Gause such vegetation to be Gut
and removed and the expense incurred on account thereof sAall be
Ghargeable as a lien upon said lot or parGel as aforesaid.
9.04.024 Responsibility of Owner - Removal of Noxious Veaetation
Ordinance No.
Page 3 of5
The owner of anv lot or parcel of land within the limits of the Citv of
Ashland shall not permit noxious veaetation to arow upon their propertv
and on adiacent and abuttina riahts-of-wav. It shall be the dutv of an owner
to cut down or to destrov and remove all noxious veaetation as often as
needed to prevent it from becomina a fire, health or traffic hazard. from
becomina unsiahtlv, or maturina, spreadina. and aoina to seed.
9.04.028 Abatement Process
The Uniform Abatement Process set forth in chapter AMC 2.31 shall applv
to nuisances identified in this Chapter and mav be used to abate
continuina violations. Notwithstandina anv other AMC provisions, a code
compliance officer mav order the minimum abatement necessary to abate a
fire, health or traffic hazard, (e.a. creation of an adeauate fire break to '
protect adiacent propertv from fire exposure). Abatement of the nuisance
shall not prohibit the citv from seekina anv other remedv or sanction
provided bv law.
9.04.030 Violation Penalty
Any violation owner, agent of the owner, or occupant of any premises
'Jiolating any of the pro'tisions of this chapter, includina creatina or
maintainina a nuisance. shall be is punishable as a Class A violation and
each dav the nuisance is maintained shall constitute a separate offense.
prescribed in Sestion 1.08.020.
SECTION 6. AMC 13.02.050 [Obligations of City] is hereby amended to read as
follows:
13.02.050 Obligations of City
The exercise of jurisdiction and regulatory control over a public right-of-way by the
city is not official acceptance of the right-of-way for public access and does not
obligate the city to open or improve any part of the right-of-way. Upon
improvement of any public right-of-way to city street standards, the city shall
accept the improvement and maintain and repair such improvement to the
standard to which it has been improved. For purposes of .....eed abatement and
similar nuisance-tvpe ordinances imposing obligations upon property owners1
(e.a. snow removal, weeds and noxious veaetation, sidewalk maintenance)
the city shall be responsible for compliance with such ordinances in public rights-
of-way adiacent to or abuttina citv-owned or controlled real propertv.
SECTION 7. Repeal. Ashland Municipal Code Chapter 9.08.100 [Noxious Growth] is
hereby repealed in its entirety. Any municipal code provisions in conflict with the
provisions contained herein are also hereby repealed.
Ordinance No.
Page 4 of5
SECTION 8. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses. '
SECTION 9. Savinas. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Sections 7-10) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
)
Ordinance No.
Page 5 of5
Existing Code:
9.04 Weed Abatement
9.04.010 Weeds Declared Nuisance
The growth of grass, weeds, shrubbery, and vegetation upon vacant and other lots and parcels of
land, and the streets and alleys abutting thereon, in the City, during the summer season
constitutes a fire menace, and greatly increases the fire hazard in the City, and is declared to be a
nUIsance.
(Ord. 1141 SI, 1951)
9.04.020 Removal- Responsibility
The owner, agent of owner and/or occupant of any lot or parcel of land within the limits of the
City of Ashland shall cut and remove the weeds, grass, bushes and shrubbery, except ornamental
bushes and shrubbery, growing thereon, or on adjacent and abutting streets, avenues, and alleys,
between May 15th and June 15th of each year and shall, where the same grows a second growth,
cut the same a second time during the summer and in case of failure to do so, said person or
persons shall be subject to fine and/or imprisonment and the City may cause such vegetation to
be cut and removed and the expense incurred on account thereof shall be chargeable as a lien
upon said lot or parcel as aforesaid.
(Ord. 1141 S2, 1951)
9.04.030 Violation - Penalty
Any owner, agent of the owner, or occupant of any premises violating any of the provisions of
this chapter is punishable as prescribed in Section 1.08.020.
(Ord. 1810 (part), 1974; Ord. 1141 S3, 1951; Ord. 1956, 1978)
I
9.04.040 Notice to Abate - Contents
In case of failure or neglect of any such agent, owner or occupant to cut weeds and grass and
shrubbery as herein provided, the City Recorder shall cause to be served on such agent, owner,
and/or occupant a notice, describing the property with convenient certainty by its legal
description or by the street number of the house, requiring such owner or agent and/or occupant
'to cut said weeds, grass, and shrubbery within ten (10) days from the service thereof, or that the
City will require the same to be done, and the cost thereof charged as a lien against said property.
(Ord. 1141 S4, 1951).
9.04.050 Notice to Abate-Service-Removal by City-Lien
Such notice shall be served upon such owner, agent, and/or occupant in person if found upon
said premises or within the City, and in case said owner, agent, and/or occupant cannot be found
in person within the City after reasonable diligence and inquiry, such notice shall be posted in a
conspicuous place upon said premises, and a copy thereof mailed to the last known post office
address of such owner, agent, or occupant, if any such address is known, and return of service
shall be filed with the Recorder; and ifat the end often (10) days from the giving of such notice,
such owner, agent, and/or occupant, has failed and neglected to cut and remove such vegetation,
the Fire Chief shall cause the same to be done and shall file with the Council a verified itemize~
statement of the expenditure occasioned thereby, and the Recorder shall cause notice to be
served upon the owner, agent, or occupant in the manner hereinbefore described, such statement
will be considered and determined by the Council and a lien declared upon the property
involved, the time of which meeting shall be specified in the notice, more than ten (10) days
from the giving of the same, and the Council shall at such meeting hear any objections to such
statement, and by ordinance determine the correctness of the same, and declare such corrected
amount a lien upon the property benefitted and instruct the Recorder to enter the same upon the
City docket of liens in the same manner and with the same effect that street improvement liens
and sewer liens are entered, and said lien shall have the same force and effect as such street
improvement and sewer liens, and shall be certified to the county assessor in the same manner.
(Ord. 1141 S5, 1951).
CITY Of
ASHLAND
Council Communication
Second Reading of Ordinance Adding a Uniform Violation Abatement Procedure
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: None Secondary Contact: Megan Thornton
Approval: Martha e Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance adding a uniform violation abatement
procedure to the Ashland Municipal Code?
Staff Recommendation:
Staff recommends Council approve the Second Reading and adoption of the ordinance.
Background:
On April 6, 2010 Council approved first reading of this ordinance.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve Second Reading of and adoption of the ordinance.
(2) Council can postpone Second Reading.
Potential Motions:
Staff: Conduct Second Reading: ,
Council: Motion to approve Second Reading and adoption of the Ordinance.
Attachments:
Proposed Ordinance
Page t of 1
IIW..
...."
ORDINANCE NO.
AN ORDINANCE CREATING A NEW CHAPTER 2.31, RELATING
TO UNIFORM ABATEMENT PROCESS FOR VIOLATIONS, AMENDING
AMC 13.03.115, AMC 6.40.160, AND REPEALING AMC 9.08.240,
AMC 9.08.260 AND AMC 9.12.050
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" ~ <L and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which ,the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters, Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, a standardized abatement process would make it easier to abate various
violations of the Ashland Municipal Code;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Sections 2.31.010 [Abatement Notice] through 2.31.080 [Additional.
Remedies] are hereby added to read as follows:
2.31 Uniform Violation Abatement Process
2.31.010 Abatement Notice.
A. Upon determination by the Code Compliance Officer that a violation of
the Ashland Municipal Code exists that can be remedied by abatement: a
Code Compliance Officer shall cause a notice of abatement to be served on
the owner or person in charae of the property where the violation exists in
accordance with 1.08.005.E [Service, Service by mail, etc.l, directina the
owner or person in charae of the property to abate the violation.
C. The notice to abate shall contain:
1. a description of the real property by street address or otherwise, on
which the violation exists:
2. a direction to abate the violation within ten (10) days from the date of
Ordinance No.
Page I of 11
postina;
3. a description of the violation and a reference to the ordinance or Code
section number involved:
4. a statement that, unless the violation is removed, the City may abate
the violation and the cost of abatement shall be charQed to the person
responsible, assessed aaainst the property, or both;
5. a statement that the person responsible may protest the order to abate
by aivina written notice to the recorder within ten (10j days from the date
of service in accordance with AMC 2.30.020 [Administrative Appeals
Processl:
6. a statement that failure to abate a violation may result in abatement by
the City and may also result in issuance of a civil violation citation:
7. if the person responsible is not the owner, an additional notice shall
be sent to the owner, statina that all or part of the abatement costs not
paid by the person responsible will be assessed to and become a lien on
the property.
D. On completion of service, the persons responsible for service shall
execute and file certificates statinQ the date and place of service.
E. An error in the notice mailed shall not make the notice void.
F. The City is not reauired to post the property but may always provide
postinQ at its discretion to facilitate notice with the responsible parties.
2.31.020 Abatement by a Person Responsible.
A. Within ten (10j days after service of the notice as provided in AMC
1.0B.005.E [Service, Service by mail, etc.l, a person responsible shall
remove the violation or show that no violation exists by protestina the
violation as provided herein.
B. A person responsible, protestina the existence of a violation, shall,
within ten (10) days after service, file with the city recorder a written notice
of appeal specifvina the basis for protestinQ in accordance with AMC
2.30.020 [Administrative Appeals Processl. Failure to file a written notice
of appeal constitutes a waiver to any obiection that the person may have to
the findina that a violation exists or to the abatement of the violation by the
City.
C. After hearina the matter, the hearinQs officer may determine that no
violation exists, determine that a violation exists and order its abatement,
impose conditions on the person responsible, or delay the time for
abatement of the violation. The hearinas officer shall make written findinas
in support of its decision when a violation is determined to exist, and its
decision shall be final.
D. If the hearinQs officer determines that a violation does in fact exist, a
person responsible shall abate the violation within ten (10j days after the
hearina officer's determination, unless the hearinas officer has delayed the
time for abatement pursuant to subsection C.
2.31.030 Abatement by the City.
Ordinance No.
Page 2 of II
A. If the violation has not been completelv abated bv a person responsible
within the time allowed, the Code Compliance Officer mav abate the
violation or cause it to be abated.
B. The Code Compliance Officer shall have the riaht at reasonable times to
enter into or upon propertv in accordance with all laws, includina search
and seizure laws. to investiaate or cause the removal of a violation. The
Citv shall have the authoritv to dispose of all seized propertv in anv lawful
manner and shall, if practical, attempt to obtain salvaae value for material
that has a fair market value in excess of $25.00 per item.
C. The Code Compliance Officer shall keep an accurate record of the costs
incurred bv the Citv in phvsicallv abatina the violation.
,
2.31.040 Assessment of Costs and Entry of Lien.
A. The Code Compliance Officer shall serve the owner and the person
responsible with a notice statina:
1. The total cost of abatement, includina the administrative cost of
, abatement minus anv salvaae value;
2. The total cost of abatement will be assessed to the propertv and
become a lien aaainst the propertv unless it is paid within thirtv {301 davs
of the date of service of the notice or a pavment plan is confiaured to pav
off the total amount owed and financial securitv is posted:
3. Until the 30-dav notice has lapsed, the finance director shall
temporarilv enter the cost of abatement in the City's lien docket:
4. The finance director shall enter the cost of abatement in the City's lien
docket ifanv aareed upon pavment plan is violated and execute on anv
securitv instrument provided;
5. That a written notice obiectina to the cost of abatement mav be filed
with the finance director not more than ten davs after the date the notice
was mailed to the propertv owner or the person responsible.
B. If an obiection is received on or before the expiration of ten {101 davs
after the date the notice was served, the finance director, in the reaular
course of business, shall hear anv timelv obiection and determine the
costs to be assessed. The finance director's determination shall be bv
written order.
C. The propertv owner or person responsible mav appeal the finance
director's decision pursuant to AMC 2.30.020 [Administrative Appeals
Process]. An assessment of the costs of abatement shall be entered into
the City's permanent lien docket and shall become a final lien on the
propertv from which the violation was abated if the costs of the abatement
are: 11 not appealed in a time Iv manner, 21 not paid within thirtv {301 davs
from the date the notice was mailed, 31 or if anv pavment plan is violated. In
the event of a timelv obiection or appeal, the costs, if anv, shall be entered
upon conclusion of the obiection or appeal process.
D. The lien shall bear interest at nine percent {9%1 per annum or such
other rate as established bv Council resolution. The interest shall beain to
Ordinance No.
Page 3 of 11
run from the date of the entry of the lien in the lien docket.
E. The City may include in one foreclosure proceedina as many accounts
as the City may have aaainst separate properties for abatina violations and
may proceed to assess and collect sinale lot assessments aaainst each
property in a sinclle proceedina.
F. An error in the name of the person responsible for abatina the violation
shall not void the assessment, nor will a failure to receive the notice of the
total cost of abatement render the assessment void: the lien shall be a valid
lien aaainst the property.
2.31.050 Abatement - Joint Responsibility.
If more than one person is responsible for the violation. they shall be
iointly and severally liable for abatina the violation or for the costs incurred
by the City in abatina the violation.
2.31.060 Other Methods of Collectina Abatement Costs
The costs assessed for abatement of a violation may be collected pursuant
to ORS 30.310 or 30.315.
2.31.070 Summary Abatement Process
A. The city may summarily abate any violation or nuisance on any
property or premises which a Code Compliance Officer. in the exercise of
reasonable discretion, determines poses an imminent danaer or threat to
the public's health. safety or welfare. In the event a Code Compliance
Officer makes such a determination, it shall be set out in writina and at a
minimum include information on the followina:
1. The location of the property where the violation constitutina the
imminent threat or danaer is located:
2. The nature of said violation or condition; and
3. The attempts, if any. to contact the owner of the property and the
reason/sl why said owner or responsible person did not abate the
violation.
B. In the event the code compliance officer makes the above written
determination, the city need not provide pre-abatement notice consistent
with Section 2.31.010: however, the city shall provide notice to the owner of
the property within ten /101 days after the city's abatement of the violation.
Said notice shall include the followina:
1. A COpy of the written determination noted in 2.31.070.A:
2. A brief description of the action/sl the city took to abate the violation:
and
3. The costs, if known, incurred by the city to abate the violation.
C. The Code Compliance Officer shall have the riaht at reasonable times to
enter into or upon property in accordance with all laws, includina search
and seizure laws, to investiaate or cause the removal of a violation. The
City shall have the authority to dispose of all seized property in any lawful
Ordinance No.
Page 4 of II
manner and shall, if practical, attempt to obtain salvaQe value for material
that has a fair market value in excess of $25.00 per item.
2.31.080 Additional Remedies
The requirement to abate a violation is not a penalty for violatinQ the
Ashland Municipal Code: it is an additional remedy. The imposition of a
penalty does not relieve a person of the duty to abate the violation.
SECTION 2. Amendment. Ashland Municipal Code Section 13.03.115 [Summary
Abatement] regarding sidewalk cafe, special event, and publication box regulations is
hereby amended to read as follows:
13.03.115 Summary Abatement
If the condition of any item in the City right of way, including any street or
sidewalk is such that it creates a risk of serious injury to the persons or property,
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 2.31 ~ and to charge against the responsible
owner/operator the full costs of such abatement.
SECTION 3. Amendment. Ashland Municipal Code Section 6.40.150 [Revocation or
Suspension of License] through 6.40.170 [Penalties] is hereby amended to read as
follows:
6.40.150 Revocation or Suspension of License
A. Except as provided in section 6.40.160.8.3, before any license is suspended
or revoked, notice and hearing shall be provided in accordance with this section
1.08.005. An ambulance operator shall be afforded opportunity for hearing in
accordance with the terms of AMC 2.30 after reasonable notice, sen.'ed
personally or by registered or certified mail. 1\ hearing shall be held by the
council if the operator requests a hearing within ten days of receipt of the
notice. The notice shall include:
1. A statement of the operator's right to hearing, or a statement of the time
and place of the hearing.
2. 1\ statement of the authority and jurisdiction under ...:hich the hearing is
to be held.
3. .'\ r-eference to the particular sections of th.is chapter in'lol'.'ed; and
4. A short and plain statement of the matters asserted or charged. '
B. The HearinQ Officer council, if the matter is heard by the council, or the
city administrator, if no hearing is held, may revoke or suspend a license
Ordinance No.
Page 5 of II
upon finding that an ambulance operator fails to meet the requirements of this
chapter or is doing business in violation of this chapter or applicable federal,
state, or county laws, ordinances, rules or regulations.
C. Any person whose license has been denied or revoked may, after thirty days
from the date of denial or suspension, apply for a license upon payment of an
application fee in the amount of the annual license fee, which shall not be
credited to the applicant's annual license fee.
D. Any person whose license has been denied or revoked for a total of two times
within one year, or who has a combined total of four denials or revocations shall
be disqualified from applying for a license for a period of two years from the date
of the last revocation or denial.
6.40.160 Abatement of Violations
A. Upon finding that a violation of this chapter, or applicable federal, state, city, or
county laws, ordinances, rules or regulations has occurred, the city may utilize
the uniform abatement ptocess specified in AMC 2.31. In addition to the
remedies specified therein. if administrator shall pro\'ide written notice to
the ambulance oper-ator of the violation and demand that the violation be
corrected within a reasonable time as specified in the notice.
8. In the e\.ent of a notice under subsection l\ of this section:
1. The ambulance operator shall notify the city when corrective action has
been taken, and the city shall then cause an inspection to be made to
determine compliance.
2rlf the ambulance operator fails to take corrective action within the time
required, the city may also take action under section 6.40.150 to revoke or
suspend the license.
3. If the city administrator finds that the violation constitutes an immediate danger
to the public health and safety, the administrator may, by administrative order,
and consistent with AMC 2.31.070, direct the immediate cessation of activities
under the license pending a hearing. The hearing shall be held as provided in
section 6.40.150.
6.40.180 Penalties
A. In addition to any other procedures and remedies provided by law, any person
violating any section within this chapter shall be guilty of a infraction Class A
violation, subiect to the limitations of the Ashland Municipal Charter. as
set forth in section 1.QS.Q2Q except that the penalty shall be a fine not to
exceed $1,QQQ.
B. Each and every day during any portion of which a violation any section of this
chapter is committed, continued or permitted by any such person, is a separate
Ordinance No.
Page 6 of II
violation subject to a separate fine of $1 ,llOll and such person shall be punished
accordingly.
SECTION 4. Repeal. Ashland Municipal Code Sections 9.08.200 [Abatement Notice]
through 9.08.240 [Summary Abatement] regarding nuisance abatement are hereby
repealed.in their entirety. Any municipal code provisions in conflict with the provisions
contained herein are also hereby repealed.
9.ll8.2llll Abatement Notice
.11.. Upon determination by the Council that a nuisance as defined in this
chapter or any ordinance of the City exists, the Council shall forthwith
cause a notice to be posted on the premises 'I:here the nuisance exists,
directing the o.....ner or person in charge of the property to abate the
nuisance.
S. At the time of posting, the City Recorder shall cause a copy of such
notice to be fo,,\'arded by registered or certified mail, postage prepaid, to
the owner or person in charge of the property at the last kno'Nn address of
the owner or other person.
C. The notice to abate shall contain:
1. .II. description of the real property, by street address or otherwise, on
which the nuisance exists; ,
2.!'. direction to abate the nuisance within ten (1ll) days from the date of
the notice;
3. P. description of the nuisance; '-
4. A statement that, unless the nuisance is removed, the City may abate the
nuisance and the cost of abatement shall be a lien against the property;
5. A statement that the owner or other person in charge of the property may
protest the abatement by gi':ing notice to the City Recorder within ten (1 ll)
days from the date of the notice.
D. Upon completion of the posting and mailing, the person posting and
mailing the notice shall execute and file a certificate stating the date and
place of the mailing and posting.
E. An error in the name or address of the owner or person in charge of the
property or the use of a name other than that of the owner or other person
shall not make the notice '..oid and in such a case the posted notice shall
be sufficient.
9.ll8.21ll.'\batement Syowner
.11.. '.l'Jithin ten (1 ll) days after the posting and mailing of the notice as
provided in Section 9.ll8.2llll, the owner or person in charge of the property
shall remo\'e the nuisance or show that no nuisance exists.
S. The owner or person in charge protesting that no nuisance exists shall
file with the City Recorder a written statement which shall specify the basis
for so protesting.
Ordinance No.
Page 7 of 11
C. The statement shall be r-eferred to the Council as a part of the Council's
regular agenda at its next succeeding meeting. I'.t the time set fer
consideration of the abatement, the owner or other person may appear and
be heard by the Council, and the Council shall thereupon determine
whether or not a nuisance in fact exists, and the determination shall be
entered in the official minutes of the Council. Council determination shall
be required only in those cases where a written statement has been filed as
provided.
D. If the Council determines that a nuisance does in fact exist, the owner or
other person shall within ten (10) days after the Council determination
abate the nuisance.
9.08.210 !\.batement 8yowner
/
.~. \l\'ithin ten (10) days after the posting and mailing of the notice as
provided in Section 9.08.200, the owner or person in charge of the property
shall remove the nuisance or sho'^, that no nuisance exists.
8. The owner or person in charge protesting that no nuisance exists shall
file with the City Recorder a written statement which shall specify the basis
for so protesting.
C. The statement shall be referred to the Council as a part of the Council's
regular agenda at its next succeeding meeting. I'.t the time set fer
consideration of the abatement, the o'l:ner or other person may appear and
be heard by the Council, and the Council shall thereupon determine
whether or not a nuisance in fact exists, and the determination shall be
-entered in the official minutes of the Council. Council determination shall
be required only in those cases where a 'f.'ritten statement has been filed as
provided.
D. If the Council determines that a nuisance "does in fact exist, the owner or
other person shall within ten (10) days after the Council determination
abate the nuisance.
9.08.220 Abatement by City
.11.. If, within the time allowed, the nuisance has not been abated by the
O'J:ner or person in charge of the property, the Council may cause the
nuisance to be abated.
8. The officer charged with abatement of the nuisance shall have the right
at reasonable times to enter into or upon property to investigate or cause
the removal of a nuisance.
C. The City Recorder shall keep an accurate record of the expense incurred
by the City in abating the nuisance and shall include ther-ein a charge of
twenty percent (20%) of the expense for administrative overhead.
9.08.230 Cost assessment
Ordinance No.
Page 8 of II
I.. The City Recorder, by registered or certified mail, postage prepaid, shall
fol'\\'ard to the o':mer or person in charge of the property a notice stating:
1. The total cost of abatement including the administrative overhead;
2. That the cost as indicated will be assessed to and become a lien against.
the property unless paid v:ithin thirty (30) days from the date of this notice;
3. That if the 9'....ner or person in charge of the property objects to the cost
of the abatement as indicated, a notice of objection may be filed '::ith the
City Recorder not more than ten (10) days from the date of the notice.
8. Upon the expiration of ten (10) days after the date of the notiGe the
Council, in the r-egular course of business, shall hear and determine the
objeGtions to the costs to be assessed.
C. If the costs of the abatement are not paid within thirty (30) days from the
date of the notice, an assessment of the costs as stated or as determined
by the Council shall be made by resolution and shall thereupon be entered
in the docket of City liens, and, upon such entry being made, shall
constitute a lien upon the property from which the nuisance '....as removed
or abated.
D. The lien shall be enforced in the same manner as liens for street
improvements are enforced and shall bear interest at the rate of six percent
(60/.) per year. The interest shall commence to run from the date of entry of
the lien in the lien docket.
E. An error in the name of the owner or person i~ charge of the property
shall not void the assessment nor will a failure to reGeive the notice of the
proposed assessment render the assessment void, but it shall remain a
':alid lien against the property.
9.00.240 Summary ^batement
The procedure provided by this chapter is not exclusive but is in addition
to procedures provided by other ordinances, and the health officer, the Fire
Chief, or the Police Chief may proceed summarily to abate a health or other
nuisance .....hich unmistakably exists and .....hich imminently endangers
human life or property.
SECTION 5. Repeal. Ashland Municipal Code Section 9.08.260 [Separate Violations]
regarding nuisance abatement is hereby repealed in its entirety. Any municipal code
provisions in conflict with the provisions contained herein are also hereby repealed.
9.00.260 Separate Violations
1'.. Each day's violation of a provision of this chapter constitutes a separate
offense.
8. The abatement of a nuisance is not a penalty for violation of this chapter
but is an additional remedy. The imposition of a penalty does not relie\'e a
person of the duty to abate a nuisance.
Ordinance No.
Page 9 of 11
SECTION 6. Repeal. Ashland Municipal Code Section 9.12.050 [Violation - Notice to
Abate] regarding junk abatement is hereby repealed in its entirety. Any municipal code
provisions in conflict with the provisions contained herein are also hereby repealed.
9.12.050 Violation Notice to Abate
In case of the ':iolation of the pro'Jisions of this chapter, the police
department shall cause to be served on the owner, lessee, or occupant of
any private property upon which the junk is located and requiring said
person or persons to remove the junk or place the same in a building
wholly or entirely enclosed except doors for use for ingress and egress.
Said notice shall be given by' personal service to said person or persons or
the posting thereof in a conspicuous place on the property where said junk
is located. Said notice shall require compliance within ten (10) days after
the date of service or posting of said notice. No notice need be given to any
person ':iolating this chapter by the keeping of junk on a street or other
public property.
SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 8. Savinas. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 9. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 7-
9) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010,
and duly PASSED and ADOPTED this day of ,2010,
Barbara M. Christensen, City Recorder
Ordinance No.
Page IOofll
,
SIGNED and APPROVED this _ day of
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
,2010.
John Stromberg, Mayor
Page II of 11
("
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 1.08 Relating to Classification of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.oLus
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 1.08 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
May 4,2010.
Background:
Note: Four ordinances concerning the classification of city ordinance offenses were first advertised
for consideration on January 19,2010. Despite several continuances, all eight,classification
ordinances on this Agend~ have been re-advertisedfor Apri/20, 2010.
These ordinances raise three 3 policy issues for the City Council:
Classification of Offenses. As discussed below, staff recommends that Council classify different
violations of the Ashland Municipal Code. Under the proposed system, the most serious offenses - the
ones that pose the greatest threat to public health, safety, and welfare - would be classified as class
"A" offenses, and the least serious - the ones that have more limited harm - would be class "D
offenses." This proposal is discussed below in this memo, and each of the attached ordinances
includes proposals for how the existing Municipal Code offenses would be classified.
Base Fine Calculation. As a result of classifying all of the municipal ordinance offenses, the base fine
for city ordinance offenses will correspond with the class of offense. The classification system allows
for different base fines and maximum fines based on the severity of offense. Currently, all city
ordinance offenses have a base fine of $362 while the state surcharge is in effect. The classification of
offenses would result in base fines of $362 for class A violations, $287 for class B violations, $190 for
class C violations, and $142 for a class D violations. This is discussed in greater detail later in this
memo. This system has several advantages. First, it creates predictability of outcome for people
cited for violation of municipal code offenses. Officers are presently reluctant to cite city ordinance
violations because the possible penalty is too great with a base fine of $362 for all offenses. Under this
system(f someone pleads guilty or is found guilty, her/his fine cannot be greater thim the maximum
fine for the class of offense or less than 75% of the base fine amount. Coupled with the classification
system, it ensures that the fines for more severe violations will be higher than those for less severe
violations. Second, the system is extremely efficient, in that, it would allow people who do not wish to
Pagelof5
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CITY OF
ASHLAND
contest a citation to simply pay their citation in person or by mail. It would not require them to
. personally appear in court to plead guilty and receive a sentence.
The Municipal Court judge would be able to reduce a fine to 75% of the base fine amount in
accordance with state law. This limitation is exactly the same limitation that exists for all state law
violations. [See ORS 153.093] If state la~ did not provide limitations on judicial discretion to reduce
fines, judges could effectively nullifY the state legislator's and city and county council's legislative
determinations as to which offenses are more or less serious than others. For example, had the state not
imposed this limitation, a Class A violation could effectively be reduced to a Class D violation,
contrary to Council's legislative action. Allowing judicial discretion to set fine amounts would
significantly reduce gains in predictability, efficiency and fairness because there would be no incentive
to mail in the base fine amount if an appearance before a judge could result in a large reduction of the
fine. The base fine and minimum fine systems do not impact the ability of judges to divert city or state
violations in order to keep it off a person's record as long as the diversion fee is consistent with the
minimum fine statutes.
Clean Up of Municipal Code. In preparing these ordinances, staff did not initially update the existing
Municipal Code to remove outdated terms, such as "Victrola" in AMC 9.08.170 or "Invalid Chair." in
10.68.210. However, after receiving comments from City Councilors in accordance with Council
rules, staff made several obvious changes to the first three ordinances and also made several
corrections in the more recently provided ordinances.
Additional Discussion
The City Attorney's Office has previously addressed the City Council on the "one size fits all" generic
. nature of the Ashland Municipal Code. Specifically, every single violation offense in the code is
punishable by a fine of up to five hundred dollars, ($500.00). [AMC 1.08.020]. The City Police
Department and past and present City Code compliance staff favor a more precise identification of
levels of offenses and fines associated with such offenses. One predictable way to refine the Ashland
Municipal Code is to use the existing classification system for offenses in ORS Chapter 153. Such use
of the classifications is specifically authorized by Oregon law. However, the city could choose to have
a different classification system or to have a single classification, which is the current practice. Both
the City Police and the Municipal Court are familiar with this state classification system which allows
for the designation of offenses as Class A, Class B, Class C and Class D.
Pursuant to ORS 153.018, the maximum fines by Class of Offense are as follows:
Class A: $720
Class B: $360
Class C: $180
Class D: $90
As amended, AMC 1.08 designates all city ordinance offenses as Class B unless otherwise specified in
the Municipal Code. This default designation has the effect ofreducing the maximum fine from $500
to $360 for all offenses. The City Council is being asked to designate a Class [A, B, C or D] for all
offenses in the Code. The most commonly used chapters 9, 10 and II are being brought forward first.
While other amendments may come to mind as these chapters are reviewed, the primary focused these
ordinances is classification of offenses.
Page 2 of5
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CITY OF
ASHLAND
As a result of classifying all of the municipal ordinance offenses, the base fine for city ordinance
offenses will correspond with the class of offense. The State of Oregon uses a base fine calculation'
[ORS 153.125] to ensure fairness, consistency and predictability in the adjudication of violation level
offenses. (However, you are not required to uSf the state base fine calculation if you establish by
ordinance a separate system for city ordinance violations.) The classification system allows for
different base fines and maximum fines based on the severity of the offense. The base fine is the
amount written on the front of the ticket by the police officer or code enforcement officer. The amount
of the base fine, described below, is based on a formula which includes required assessments. For
offenses not requiring a personal appearance in Court, a defendant can just mail or drop offhis/her
payment of the base fine with a guilty or no contest plea and the matter is ended (unless the Court
sends a notice to appear). If a defendant goes to trial and is found guilty the judge cannot lower the
amount assessed to more than 25% of the base fine. Mandatory assessments would apply on top of
this amount.
Staff recommends clarifying offenses because it treats offenses based on their severity. Under the
existing system, an offense such as dog in the park [AMC 10.68.100] is the same level of offense as
failure to contain or leash a vicious dog [AMC 9.16.020]. Both are punishable by a maximum fine of
$500, plus assessments. The base fine amount calculated using the "one size fits all" maximum of a
five hundred dollar fine is $317.00 ($362.00 while the surcharge is operative). [Calculation is $250.00
foundation amount (//2 the maximum) plus $37.00 state unitary assessment, plus $30.00 county
assessment equals $317.00 plus the 2009 $45 surcharge to total $362.00]
A Defendant charged with a dog in the park violation will likely not plead guilty or no contest on the
back of the citation and mail in $362 to the court clerk. The defendant will likely decide to appear in
Municipal Court for this violation and ask the judge for a smaller fine. This is an extremely inefficient
use of the City's resources; the City Council can increase efficiency by more precisely addressing the
appropriate level ofthe offense legislatively.
The police and parks director would recommend classification of dog in the park as a Class D violation
offense punishable by a maximum $90.00 fine. (Compare to vicious dog, which would be classified
more seriously). More importantly, the police would use the bail schedule based on this "D"
classification and write the base fine amount of$97.00 on the ticket. ($142.00 while the surcharge is
operative). The offender is more likely to exercise the option to plead guilty or no contest by mail
(with or without an explanation) and submit the base fine amount with his or her plea. No personal
court appearance is necessary.
Please keep in mind, state law imposes a $37 unitary assessment on all violations as well as a County
assessment ranging from $5 to $66 based on the fine amount. Accordingly of the $97 submitted in the
above example, $37 goes to the State of Oregon and $15 to Jackson County. The City gets the
remaining $45 only. (While the $45.00 surcharge is in place, the surcharge goes to the City much like
the City Assessment which was proposed two years ago)
In general, the proposed ordinance amends Chapter 1.08 to clarify and refine the penalties associated
with criminal and violation offenses. The ordinance does the following:
Page} of 5
~.l'
CITY OF
ASHLAND
. Establishes Classes for violation offenses (i.e. Class A, B, C, and D) with corresponding fines.
[Page 2, Section 2] [Page 3, Section 3, Table 1]
. Sets all Violations of the Code not otherwise designated as Class B Violations. [Page 2,
Section 2]. Class B Violations are punishable by a maximum $360.00 fine, plus assessments.
[Page 3, Section 3, Table I]
. Establishes Base fine amounts consistent with state law for all Classes of violations. [Page 3,
Section 3.8. Table I] Staff recommends the base fine system to create more predictable
outcomes for sentences for people found guilty.
. Repeals the adoption of the criminal laws and procedures in AMC 10.104.010 which has not
been updated since 1989. [Page 4, Section 7]
. Repeals the adoption of the Oregon vehicle code in AMC 11.04.010 which has not been
updated since 1985. [Page 4, Section 7]
. Adopts current criminal laws and procedures, including violations procedures, as well as
vehicle code, and permits extra-territorial application on lands owned by the City. [Page 2,
Section C, paragraphs 1.-5]
. Specifies misdemeanor offenses are only those specified as such in the Code; establishes
offenses as Class B Misdemeanors, subject to City Charter penalty limitation of 60 days jail
and a $500 fine. [Pages I, Section I.A]
. Does not limit prosecution of state criminal law misdemeanors or violations in Municipal
Court. [Pagel, Section I.B] [Page 2, Section 2.A]
. Makes maximum violation fines subject to City Charter limitation of$500.00 fine. [Page 2,
Section 2.A]
. Sets Special Corporate Fine at double the fine for individuals. [Page 3, Section 2, B]
. Makes Special corporate fines subject to City Charter limitation to $500.00 fine for violations.
[Page 3, Section 2.A]
. Updates Violation Trial provisions, including authorizing code compliance staff to appear.
[Page 4, Section 4.A - F]
. Expressly authorizes Recorder to correct terminology and create table of offenses (e.g. change
infraction to violation). [Page 4, Section 6]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Page 4 of5
~.l'
CITY OF
ASHLAND
Council Options:
(1) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set Second Readingfor May 4,
2010.
Attachments: Proposed ordinance
Page 5 of5
~.l'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1.08 OF THE ASHLAND
MUNICIPAL CODE, ESTABLISHING CLASSES OF OFFENSES, AND REPEALING
AMC 10.104.010 AND AMC 11.04.010
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" ... ... and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.08.010 [GENERAL PENALTY: Penalty Imposed] is hereby
amended to read as follows:
1.08.010. GENERAL PENALTY Misdemeanor Penalties and Procedures. Penalty
Imposed.
A. Unless otherwise specifically provided, when the Ashland Municipal Code
identifies violation of its provisions as a misdemeanor or as subiect to this
section. any person violating any provisions or failing to comply with any of the
mandatory requirements of this code is guilty of a Class C misdemeanor offense.
Provided however. while the $500 dollar and sixty (60) day limitations of Article 9,
Section 1 of the Ashland City Charter are operative, any Any person convicted of a
misdemeanor under this code shall be punished by a fine of not more than five hundred
dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine
and imprisonment. In addition to a fine and incarceration, the Municipal Court may
impose any additional punishment. probation or remedial measure (e.f;!.
restitution) appropriate for the offense.
B. Each such person is guilty of a separate offense for each and every day during
any portion of which any violation of this code is committed, continued or permitted by
Page 1 of 6
any such person, and shall be punished accordingly. The costs of prosecution.
includina but not limited to court costs, assessments. fees, surcharaes.
restitution. and the like. shall not be included within the $500 limitation. The
prosecution in Ashland Municipal Court of state law misdemeanors and
violations pursuant to ORS 221. 339 is not limited by the fine and incarceration
limitations of the city charter.
C. Adoption of State Criminal Laws and Procedures
(1) All criminal procedures. provisions and reauirements applicable to
violations and misdemeanors, includina but not limited to Oreaon Evidence
Code, (ORS Chapters 40 and 41), ORS Chapter 153 violations, defenses, burden
of proof. aeneral principles of criminal liability, parties, and aeneral principles of
justification contained in Oreaon Revised Statutes Chapters 131 throuah and
includina 167. as well as Chapters 471 throuah 480 are hereby adopted in full and
made applicable to the municipal court.
(2) All misdemeanor and violation offenses and penalties described in ORS
Chapters 161, 162, 163, 164, 165, 166 and 167, as well as offenses described in the
Oreaon Vehicle Code and ORS Chapters 33.137.153,471,475,476. and 480. are
hereby adopted by reference. When cited as a city ordinance violation. violation
of an ORS section adopted by reference is an offense aaainst this city and shall
be punishable to the same extent as provided in the Code. Notwithstandina the
above. nothina herein prohibits or restricts the City police or City Attorney from
electina to pursue a charae and prosecute defendants with state law offenses in
the name of the State of Oreaon pursuant to ORS 221. 339.
(3) Except where the context clearly indicates a different meanina, definitions
appearina in the aeneral definitional and other particular sections of chapters
adopted by subsections (1) and (2) of this section are applicable throuahout this
chapter. Where appropriate, references to "state" and "state statute" shall be
deemed to also include "city" and "city ordinances."
(4) The city police. city attorney, assistant city attorney, and municipal court.
includina the municipal court judae. iudaes pro tem, court supervisor and deputy
court clerks, shall have all the powers. duties. and responsibilities provided
under Oreaon Revised Statutes, applicable to investiaation. prosecution,
administration. and adjudication of criminal offenses and violations within the
city of Ashland and on city-owned property as applicable..
(5) The statutes, codes and procedures adopted herein are expressly made
applicable within the city limits of the city of Ashland as well as outside the city
limits when concernina offenses occurrina on city-owned or controlled property
located outside the city limits of the city of Ashland. Oreaon.
SECTION 2: Section 1.08.020 is hereby amended to read as follows:
Page 2 of 6
1.08.020 GENER/\l PENI'.l TY Violation Penalties and Procedures Infractions
A. Violation offenses in the Ashland Municipal Code shall be classified as
either a Class A. Class B. Class C or Class D violation consistent with ORS
Chapter 153. ParkinQ violations are excluded from Classification and Base Fine
reQuirements. When not otherwise specified in the Ashland Municipal Code, the
violation offense shall be a Class B violation. The penalty for committinQ a
violation offense shall be as specified for the classification of the offense in the
Schedule of Violation Penalties. Section 1.08.030, [Table 11. or as otherwise
specifically desiQnated in the Ashland Municipal Code. Provided however, while
!!l!L$500 dollar limitation of Article 9, Section 1 of the Ashland City Charter is
operative, the fine portion of any monetary obliQation imposed by the Municipal
Court for a City Ordinance offense. shall not exceed $500. In addition, each and
every day durinQ any portion of which any violation offense is committed,
continued or permitted by any such person, or entity shall constitute a separate
violation subject to a separate fine and such person shall be punished
accordinQly. The costs of prosecution, includinQ but not limited to court costs.
assessments. fees, charQes, surcharQes. restitution, and the like, shall not be
included within the $500 limitation. The prosecution in Ashland Municipal Court
of state law misdemeanors and violations pursuant to ORS 221. 339 is not limited
by the fine and incarceration limitations of the city charter. ParkinQ violations are
excluded from Classification and Base Fine reQuests.
B. Subiect to Charter limitations. and notwithstandinQ any other provision of
the Ashland Municipal Code, the Council hereby establishes a special corporate
fine of twice the amount of fine specified for an individual per class of offense in
AMC 108.030 Table 1. "Corporate" fines are imposed when the entity responsible
for the offense is a corporation, partnership, limited liability company or other
entity. not a real person. In addition to a fine. the Municipal Court may impose
additional punishment or remedial measure (e.Q. restitution) appropriate for the
violation offense.
^ person who commits an infraction by violating designated pro'/isions of the
j\,shland Municipal Code shall not suffer any disability or legal disadvantage
based upon conviction of crime. The penalty for committing an infraction shall
be a fine not to exceed $500~ however, each and every day.during any portion of
which any infraction is committed, continued or permitted by any such person, is
a separate -:iolation subject to a separate fine of $500.00, and such person shall
be punished accordingly. The trial of any infraction shall be by the Court without
a jury. The City of Ashland shall have the burden of pro'/ing the infraction by a
preponderance of the e'/idence and the Defendant may not be required to be a
\...itness in the trial of such infraction. At any trial involving an infraction, the City
Attorney shall not appear unless the Defendant is represented by an attorney,
further, at any such trial, defense counsel shall not be provided at public
expense.
Page 3 of 6
SECTION 3: Section 1.08.030 is hereby added to read as follows:
1.08.030 Base Fines. Schedule of Violation Penalties
A. Base Fine. Pursuant to ORS 153.142. base fine calculations shall be
consistent with state law for all city ordinance violations and other violations
subiect to the iurisdiction of the municipal court, except that City assessment, if
any, shall be added to the foundation amount in the same manner as state and
county assessments are added to the foundation amount and incorporated into
the base fine. State. county and local assessments and surchar~es, if any, are
added to fines, not deducted from them. A reduction of a misdemeanor to a
violation retains the appropriate state. county as well as any city misdemeanor
assessments. .
B. Schedule of Violation Penalties. City ordinances offenses and other City
violations within the iurisdiction of the Municipal Court shall have the
classifications and base fines. noted on Table 1 below:
Table 1 Schedule of Violation Penalties..
Class A $720.00. $427.00 $472.00
Class B $360.00 $242.00 $287.00
Unclassified $360.00 $242.00 $287.00
Class C $180.00 $145.00 $190.00
Class D $090.00 $097.00 $142.00
· Subiect to Charter limitation on fine noted in AMC 1.08.020 the maximum fine
must be lowered to .$500.00 fine plus applicable state. county and city
assessments and surcharQes. if anyl
.. These provisions do not apply ~enerally to ParkinQ Offenses unless specified
in the AMC.
SECTION 4: Section 1.08.040 is hereby added to read as follows:
1.08.040 Violation Trial
A. The trial of any violation offense shall be by the Court without a iury.
B. The City of Ashland shall have the burden of provinQ the violation offense
by a preponderance of the evidence and the Defendant may not be reQuired to be
a witness in the trial of such violation offense.
Page 4 of 6
C. At any trial involvina a violation offense, the City Attorney shall not appear
unless the Defendant is represented by an attorney. or unless the City Attorney is
aranted leave of the Court to appear. Further. at any such violation trial. defense
counsel shall not be provided at public expense.
D. Consistent with ORS 153.083. in any trial of a violation offense, whether
created by ordinance or statute. in which the City Attorney is prohibited from
appearina. the City police officer or code compliance officer who issued the
citation for the offense is specifically authorized by law to present evidence,
examine and cross-examine witnesses and make arauments relatina to:
(1) The application of statutes and rules to the facts in the case;
(2) The literal meanina of the statutes or rules at issue in the case;
(3) The admissibility of evidence; and
(4) Proper procedures to be used in the trial.
E. Except as expressly provided above. only a person who is currently
licensed to practice law in the State of Oreaon by the Oreaon State Bar is
permitted to represent another person or entity in Ashland Municipal Court.
F. A person who commits a violation offense by violatina desianated
provisions of the Ashland Municipal Code shall not suffer any disability or leaal
disadvantaae based upon conviction of crime.
SECTION 5: Section 1.08.050 is hereby added to read as follows:
1.08.050 Remedies - Non-Exclusive
The riahts, remedies. and penalties provided in this Chapter are cumulative. are
not mutually exclusive. and are in addition to any other riahts. remedies and
penalties available to the City under any other provision of law. includina
specifically criminal prosecution.
SECTION 6. Substitution of Terms. The City Recorder is expressly authorized to
substitute the term "violation" or "violation offense" and plurals thereof, as appropriate,
for the term "infraction" and plurals thereof, throughout the entire Ashland Municipal
Code, to correctly reflect terminology used to describe non-criminal offenses.
SECTION 7. Tables of Offenses. The City Recorder is expressly authorized to create
tables for each chapter of the Ashland Municipal Code listing the offenses contained in
each Chapter by name, citation and classification. The tables may be codified in a
location determined by the City Recorder.
SECTION 8. Repeal. Subject to Section 10 below, Ashland Municipal Code
Section 10.104.010 [Adoption of State Criminal Law and Procedures] and Ashland
Municipal Code Section 11.04.010 [Adoption of Vehicle Code] are hereby repealed.
Page 5 of 6
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 6 thru 10,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 6 of 6
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 4 Relating to Classification of Offenses
Meeting Date: April 20, 20 I 0 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 4 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
May 4, 2010.
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3)Class C:
$180; (4)Class D $90. The Chapter contains the following recommended classifications:
Chapter 4
Revenue and Finance
AMC Title Class
4.20.110 System Development Charge A
connection to water, sewer storm
without payment ofSDC
4.24.130 A-E,G Failure to comply with Transient A
Occunancv Tax Regulations
4.24.130 F. Filing False or Fraudulent TOT Crime
return or claim CMisd.
4.26.060 Transportation Utility Fee- Violation A
4.27.080 Storm Drainage Utility -Violation A
4.28.050 Utility User Tax - Violation A
4.30.040 Privilege Tax - Violation A
4.32.220.A. Alarm Systems - nrohibited system A
4.32.220.B. Alarm Svstems - violation C
4.34.120 A-D, Failure to comply with Food and A
F. Beverage Tax Regulations
4.34.120 E Filing False or Fraudulent F&B Crime
return or claim CMisd
In addition to classification, ~hapter 4 is modified to address the following:
)
Page I of2
~.l'
CITY OF
ASHLAND
. Modification of "Confidentiality "provision to match voter -approved confidentiality language
for food and beverage public records. [4.24.140]
. Removal of inconsistent 'exemption' for class five alarms. [4.32.020]
. Change to Finance Director for submittal of alarm permits [4.32.100]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a date certain. .
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for May 4,
2010.
Attachments:
Proposed ordinance
Page 2 of2
~.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 4, REVENUE AND FINANCE, AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold"" .0. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS,. the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop. 20 Or.
App, 293, 531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1,08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 4.20.120 [System Development Charges - Enforcement] is hereby
amended to read as follows:
4.20.120 Enforcement - Violation.
Any service connected to the City water, sewer or storm sewer system after the
effective date of this chapter for which the fee due hereunder has not been paid
as required or an adequate secured arrangement for its payment has been
made, is subject to termination of service under the City's utility disconnect
policy. In addition to any other remedy or penalty provided herein. any
connection to the City water. sewer or storm system made without payment
as specified in this Chapter shall be considered a Class A violation.
Page 1 of7
SECTION 2. Sections 4.24.130 [Transient Occupancy Tax - Violations-Infractions]
through 4.24.140 [Confidentiality] are hereby amended to read as follows:
4.24.130 Violations InfraGtions
Any operator or other person '....ho fails or refuses to register as required
herein, or to furnish any return required to be made, or fails or refuses to
furnish a supplemental return or other data required by the Tax
Administrator, or who renders a false or fraudulent return or Glaim, or '....ho
fails, refuses or negleGts to remit the tax to the City by the due date, is
guilty of an infraGtion and shall be punished as set forth in SeGtion
1.08.020.
4.34.120 Violations - InfraGtions
All violations of this chapter are punishable as set forth in AMC 1.08.020. It
is a violation of this chapter for any operator or other person to:
A. fail or refuse to complv as reQuired herein;
B. fail or refuse to reQister as reQuired herein;
C. fail or refuse to furnish any return reQuired to be made;
D. fail or refuse to permit inspection of records;
E. fail or refuse to furnish a supplemental return or other data
reQuired bv the Tax Administrator:
F. render a false or fraudulent return or claim;
G. fail. refuse or neQJect to remit the tax to the city bv the due
date.
Violation of subsections A-E and G above shall be considered a Class A
violation. Filina a false or fraudulent return shall be considered a Class C
misdemeanor, subiect to AMC 1.08. The remedies provided bv this section
are not exclusive and shall not prevent the City from exercisina any other
remedy available under the law, nor shall the provisions of this ordinance
prohibit or restrict the City or other appropriate prosecutor from pursuina
criminal charaes under state Jawor city ordinance.
4.24.140 Confidentiality
Except as otherwise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release or make known in any manner any
Page 2 of 7
financial information submitted or disclosed to the City under the terms of this
Ordinance. Nothing in this section shall prohibit:
A. f1-} The disclosure of the names and addresses of any person who are
operating a hotel or recreational vehiclel campinq park; or
B. {2} The disclosure of general statistics in a form which would prevent
the identification of financial information regarding an individual
operator; or
C. (3) Presentation of evidence to the court, or other tribunal having
jurisdiction in the prosecution of any criminal or civil claim by the
!\dministrator or an appeal from the Administrator for amount
due the City under this chapter.; or
D. The disclosure of information when such disclosure of
conditionally exempt information is ordered under public
records law procedures; or
E. The disclosure of records related to a business's failure to
report and remit the tax when the report or tax is in arrears for
over six months or the tax exceeds $5,000.00. The City Council
expressly finds and determines that the public interest in
disclosure of such records clearly outweiQhs the interest in
confidentiality under ORS 192.501 (5).
SECTION 3. Section 4.26.060 [Transportation Utility Fee - Enforcement] is hereby
amended to read as follows:
4.26.060 Enforcement
Any charge due hereunder which is not paid when due may be recovered in an
action at law by the City. In addition to any other remedies or penalties provided
by this or any other ordinance of the City, failure of any user of City utilities within
the City to pay said charges promptly when due shall subject such user to
discontinuance of any utility services provided by the City and the City
Administrator is hereby empowered and directed to enforce this provision against
such delinquent users. The employees of the City shall, at all reasonable times,
have access to any premises served by the City for inspection, repair, or the
enforcement of the provisions of this chapter. In addition to any other remedy
or penalty provided herein, failure to remit the fee provided herein when
due shall be considered a Class A violation and each day the remittance is
late shall constitute a separate offense.
SECTION 4. Section 4.27.080 [Storm Drainage Utility - Enforcement] is hereby
amended to read as follows:
Page 3 of7
4.27.080 Enforcement
Any fee due which is not paid when due may be recovered in an action at law by
the City. In addition to any other remedies or penalties provided by this or any
other City ordinance, failure of any person responsible to pay fees promptly when
due shall subject the person responsible to discontinuance of any utility services
provided by the City and the City Administrator is empowered and directed to
enforce this provision against such delinquent users. The employees of the City
shall, at all reasonable times, have access to any improved property served by
the City for inspection, repair, or the enforcement of the provisions of this
chapter. In addition to any other remedy or penalty provided herein, failure
to remit the fee provided herein when due shall be considered a Class A
violation and each day the remittance is late shall constitute a separate
offense.
SECTION 5. Section 4.28.050 [Utility User Tax - Actions to Collect] is hereby amended
to read as follows:
4.28.050 Actions to Collect - Enforcement.
Any tax required to be paid by a service user under the provisions of this Chapter
shall be deemed a debt owed by the service user to the City. The Director of
Finance may take such actions to secure payment as provided in Section
14.12.050 of the Ashland Municipal Code. In addition to any other remedy or
penalty provided herein. failure to remit the tax provided herein when due
shall be considered a Class A violation and each day the remittance is late
shall constitute a separate offense.
SECTION 6 Section 4.30.040 [Privilege Tax - Payment and Collection of Tax] is
hereby amended to read as follows:
4.30 Privilege Tax
4.30.040 Payment and Collection of Tax
The tax imposed by this chapter shall be collected from the service user at the
time that payment is made for charges for electric energy or service. In addition
to any other remedy or penalty provided herein. failure to remit the tax
provided herein when due shall be considered a Class A violation and each
day the remittance is late shall constitute a separate offense.
SECTION 7. Section 4.32.020 F [Alarm Systems - Classification] is hereby amended to
read as follows:
Page 4 of 7
4.32.020 Classification of Alarm Systems
F. Exempt alarm systems are:
1. Those which iRGOrporate oRly aR OR premise aRRlIRGiator, a vislIal
aRRlIRGiator, or aRY GombiRatioR thereof;
1. Alarm systems owned, maintained and monitored by any government law
enforcement agency to protect their premises; and
2. Alarm systems protecting property of the City of Ashland.
SECTION 8. Section 4.32.100 [Alarm Systems - Permit Application] is hereby
amended to read as follows:
4.32.100 Permit Application
Each application for an alarm system permit shall be made on a form prescribed
by the Finance Director Police Chief, and shall contain the following
information:
A. The name, address and telephone number of the principal of the protected
premises.
B. The type of premises (home, office, variety store, etc.), and any business
name by which the premises is known.
C. The address of the protected premises, including, if it is in a residential,
commercial or industrial complex (office building, apartment house, shopping
center, etc.), and any name by which the complex is commonly known.
D. The names, addresses and telephone numbers, including home phone
number, of all agents.
E. The number and type of annunciators and automatic dialers which the alarm
system incorporates, the location of all remote annunciators, and the names and
phone numbers of all persons or businesses which are or may be preselected for
automatic dialer contact.
F. The application shall be accompanied by the fee prescribed under Section
4.32.120.
SECTION 9. Section 4.32.220 [Alarm Systems - Enforcement and Penalties] is hereby
amended to read as follows:
Page 5 of 7
4.32.220 Enforcement and Penalties
A. Use of a prohibited alarm svstem CAMC 4.32.030, 4.32.040 and 4.32.210)
is a Class A violation.
B. Any person failing Failure to comply with the provisions of this Chapter. not
addressed in A above, includina use of an alarm svstem without a
permit. shall be considered a Class C violation subject to the penalties
provided in Chapter 1.08.010 of this code.
SECTION 10. Section 4.34.120 [Food and Beverage Tax - Violations-Infractions] is
hereby amended to read as follows:
4.34.120 Violations -lnfraGtions
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a
violation of this chapter for any operator or other person to:
A. fail or refuses to comply as required herein;
B. fail or refuse to furnish any return required to be made;
C. fail or refuse to permit inspection of records;
D. fail or refuse to furnish a supplemental return or other data
required by the director;
E. render a false or fraudulent return or claim;
F. fail, refuse or neglect to remit the tax to the city by the due date.
Violation of subsections A-D and F above shall be considered a Class A
violation. Filina a false or fraudulent return shall be considered a Class C
misdemeanor, subiect to AMC 1.08. The remedies provided by this section are
not exclusive and shall not prevent the City from exercising any other remedy
available under the law, nor shall the provisions of this ordinance prohibit or
restrict the City or other appropriate prosecutor from pursuing criminal charges
under state law or city ordinance.
SECTION 11. Severability. If any section, proVISion, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other sections, provisions,
clauses or paragraphs of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to
be severable.
Page 6 of7
SECTION 12 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 13 Codification. Provisions of this Ordinance shall be incorporated in
the Ashland Municipal Code and the word "ordinance" may be changed to "code",
"article", "section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 11 thru 13,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 7 of 7
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 6 Class of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Be~15 Estimated Time: 10 minutes
Question: .
Should the Council approve First Reading of an ordinance amending Chapter 6 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading
for May 4, 2010.
Background:
The Classes and maximum penalties are follows: (1) Class A: $720; (2) Class B: $360; (3) Class.
C: $180; (4) Class D $90. The Chapter contains the following recommended classifications:
Chapter 6
Business Licenses and Regulations
AMC Title Class
6.04.150.A. lBusiness License Tax - Operating A
!without license - Penalties ,
6.04.150.B. lBusiness License Tax - other C
~iolation
.16.100 A. Pawnbrokers and Secondhand B
Dealers - Penalties
6.16.100 B Pawnbrokers and Secondhand A
Dealers - Penalties - Pledges from
minors prohibited
16.24.060 Solicitation - Penalties Crime
CMisd
6.28.170 1 axicab Certification - Violation - B
Penalty .
6.30.140. lOur Bus and Special Vehicles - B
Violation~= Penalty
6.36.130.A Motion Picture - Radio Television A
Production - Permit Required
Violation
Page 1 of2
~.l'
.42.100
otion Picture - Radio Television C
roduction - Violation
mergency Medical Services -
enalties
obacco Control - Penalties
6.36.130.B
6.40.180
In addition to classification, Chapter 6 is modified to address the following:
.
. Clarification of denial of business license for fraud and appeal pursuant to Administrative
Appeal Ordinance [6.04.115].
. Modification of "Confidentiality "provision to match voter -approved confidentiality
language for food and beverage public records. [6.04.170]
. Clarification that appeals of tax amounts, interest, and penalties go through
administrative appeals process and not to City Council. [6.04.190]
. Clarification of appeal via AMC 2.30 for license suspension under Tobacco Control
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor May
4,2010.
Attachments:
Proposed ordinance
Page 2 of2
~.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 6, BUSINESS LICENSES AND REGULATIONS, AND
REMOVING UNNECESSARY REGULATIONS
A:nnotated to show dolotions and additions to the code sections being modified.
Deletions are bold "---' ._L.- and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition
thereto, shall possess all powers hereinafter specifically granted. All the authority
thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiohters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 6.04.115 [Business License Tax - Consumer Protection -.
Revocation] is hereby amended to read as follow:
6.04.115 Consumer Protection-Revocation
Any individual or firm against whom a judgment is entered for fraud iR-a
commercial setting for profit related to the business for which the license is
issued, or which occurred within five (5) years preceding the date of application,
shall be subject to denial or revocation of a license to conduct business within the
City of Ashland upon petition for revocation thereof being duly filed in the
Municipal Court and good and sufficient cause appearing therefore. Denial
and or Revocation are subiect to the appeal process of AMC 2.30.
Page 1 of 6
SECTION 2: Section 6.04.150 [Business License Tax - Penalties] is hereby amended
to read as follow:
6.04.150 Penalties
Any person ':iolating any provisions of this Chapter is upon GonviGtion
thereof, punishable as provided in SeGtion 1.08,020 relating to infraGtions.
EaGh day any person shall Gontinue violating the pro'Asions of this Chapter
shall Gonstitute a separate offense.
A. Violation of AMC 6.04.030 rOperatinQ business without Iicensel in
accordance with this Chapter shall be considered a Class A violation,
subiect to the limitations of AMC 1.08.
B. Any violation of the reQuirements of this chapter, not addressed in A
above, shall be a Class C violation as defined by AMC 1.08 and punishable
as set forth in that section.
SECTION 3 Section 6.04.170 [Business License Tax - Confidentiality] is hereby
amended to read as follow:
6.04.170 Confidentiality
A-Except as otherwise required by law, it shall be unlawful for the City, any
officer, employee or agent to divulge, release, or make known in any manner,
any financial or employee information submitted or disclosed to the City under
the terms of this Ordinance. Nothing in this Section shall prohibit:
A. -1-. The disclosure of the names and addresses of any persons to
whom business licenses have been issued; or
B. 2. The disclosure of general statistics in a form which would prevent
the identification of financial or employee information regarding an
individual business licensee or applicant; or
C. 3. Presentation of evidence to the court, or other tribunal having
jurisdiction in the prosecution of a claim by the Finance Department; or.
D. The disclosure of information when such disclosure of
conditionally exempt information is ordered under public records law
procedures; or04.1151
E. The disclosure of records related to a business's failure to
report and remit the business license tax when the report or tax is in
arrears for over six months. The City Council expressly finds and
determines that the public interest in disclosure of such records
clearly outweiQhs the interest in confidentiality under ORS
192.501 (5).
Page 2 of 6
SECTION 4: Section 6.04.190 [Business License Tax - Appeals] is hereby amended to
read as follow:
6.04.190 Appeals
Any person aggrieved by any determination of the Director of Finance with respect to
the amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC
2,30. to the City Council by filing within fifteen (15) days of the serving or mailing
of the determination of tax due. The Council shall fix a time and place for hearing
such appeal, and the Administrator shall gh<e five (5) days notice in writing
thereof, to such peFSon at the last kno'....n address, The Findings of the Hearinas
Officer Council shall be final and conclusive, and shall be served upon'the appellant, in
the manner prescribed above for the service of notice of hearing. Any amount found to
be due shall be immediately due and payable upon the service of notice.
SECTION 5: Section 6.16.095 [Pawnbrokers and Secondhand Dealers - Pledges from
minors prohibited] is hereby added / relocated to read as follows:
6.16.095 Pledaes from minors prohibited
Under no circumstances shall any pawnbroker, dealer in iunk, or
secondhand dealer in the City purchase, or receive on deposit, or take as a
pledae, any aoods, wares, or merchandise, when the same are offered for
sale, deposit, or pledae, by any minor.
SECTION 6: Section 6.16.100 [Pawnbrokers and Secondhand Dealers - Penalties] is
hereby amended to read as follows:
6.16.100 Penalties
A. Any violation of the provisions of this Chapter shall be a Class B
violation, ",ny person \'iolating any of the provisions of this Chapter is
punishable as prescribed in Section 1.08.020.
B. Notwithstandina the above, violation of the prohibition on takina pledaes
from minors in AMC 6.16.095 shall be a Class A violation. Under no
circumstances shall any pa'....nbroker, dealer in junk, or secondhand dealer
in the City purchase, or recei'!e on deposit, or take as a pledge, any goods,
wares, or merchandise, when the same are offered for sale, deposit, or
pledge, by any minor.
SECTION 7: Section 6.28.170 [Taxicab Certification - Violation-Penalty] is hereby
amended to read as follow:
6.28,170 Violation. Penalty
Any violation of the provisions of this Chapter shall be a Class B violation,
Page 3 of 6
punishable as prescribed in Section 1.08.020. Any Person that violates any
provision of this Chapter through its operation of a taxicab servise from
points originating within the City of Ashland shall be deemed guilty of a
separate ':iolation on eEach and every day or portion thereof during which the
violation is committed, continued or permitted, and upon conviction of any such
violation, the Perscm shall be punished as pressribed in AMC 1.08.020.
SECTION 8: Section 6.30.140 [Tour Bus and Special Vehicles - Violation] is hereby
amended to read as follow:
6,30,140 Violation - Penalty
Each operation of a tour bus or special vehicle in violation of this section is a
separate violation, whether the prohibited operations occur within the same day,
different days, or relate to the same or different tour bus or special vehicle. A
violation of any provision of this chapter is a Class B violation and shall be
punished as set forth in AMC 1.08.020.
SECTION 9: Section 6.36.130 [Motion Picture - Radio Television Productions -
Violation] is hereby amended to read as follow:
6.36.130 Violation
Violation of the provisions of this Chapter is determined to be an infrastion
and may be punishable as spesified in Sestion 1.08.020 of this Code.
A, Violation of AMC 6.36.020 rPermit ReQuiredl shall be considered a Class
A violation. subiect to the limitations of AMC 1.08.
B. Any violation of the reQuirements of this chapter. not addressed in A
above. includinQ violation of permit conditions. shall be a Class C violation
as defined by AMC 1.08 and punishable as set forth in that section,
SECTION 10: Section 6.40.180 [Emergency Medical Services - Penalties] is hereby
amended to read as follow:
6.40.180 Penalties
A. In addition to any other procedures and remedies provided by law, any person
violating any section within this chapter shall be guilty of a Class A violation
infrastion as set forth in section 1.08.020 exsept that the penalty shall be a
fine not to exseed $1,000.
B. Each and every day during any portion of which a violation of any section of
this chapter is committed, continued or permitted by any such person, is a
Page 4 of 6
separate violation subject to a separate fine of $1,000 and such person shall be
punished accordingly.
SECTION 11: Section 6.42.100 [fobacco Control - Penalties] is hereby amended to
read as follow:
6,42,100 Penalties
A. Any person who violates any provision of this chapter, other than seGtion
6.42.030, shall be subject to a fine as a Class A violation, and mav or have a
the license issued under this Chapter suspended as follows:
1. In the Gase of a first violation within tv.-o years, the IiGensee shall be
fined $200.00 and shall be notified in writing of penalties to be levied for
further 'Jiolations.
2. In the case of a second violation within a two year period, the licensee
shall be fined $350.00 and the license suspended for 45 days.
3. ~. In the case of three or more violations within a two year period, the
licensee shall be fined $500.00 and the license revoked. Any person whose
license has been revoked shall be ineligible to apply for a new license, at any
location, for six months after the effective date' of the revocation.
B. Any person who violates section 6.42.030 shall be subject to a fine of
$500.00 for each day a violation occurs.
C. License suspensions are subiect to appeal pursuant to AMC 2.30.
Failure to pay a fine levied under this Ghapter within 30 days of the date set
by the Gourt shall result in the suspension of the IiGense until SliGh fines
are paid.
SECTION 12. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 13. Codification, Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le.
. Sections 12 and 13) need not be codified and the City Recorder is authorized to correct
any cross-references and any typographical errors.
Page 5 of 6
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(B) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 6 of 6
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 9 Relating to Classification of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 9 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
May 4, 2010.
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3) Class C:
$180; (4) Class D $90. The Chapter contains the following recommended classifications:
Chapter 9
Health and Sanitation and Removing Unnecessary Regulations
AMC Title Class
9.08.020 Dangerous Animals B
9.08.030 A-C Animal at Large D
9.08.040 A-G Keeping of Animals C
9.08.050 Removal of Carcasses D
9.08.060 A-J, Nuisances Affecting the Public A
Health
9.08.070 Abandoned Refrigerators A
9.08.080 A-B Attractive Nuisances B
9.08.090 A Snow and Ice-Removal D
9.08.100 Noxious Growth C
9.08.110 Scattering Rubbish B
9.08.120 A-C Trees - Hedges C
9.08.130 Parking Strips C
9.08.140 A-B Fences B
9.08.150 A-B Surfaces Waters - Drainage B
9.08.160 A-B Radio and Television - Interference B
9.08.170A-C Unnecessary Noise A
9.08.175 Heat Pumps or Mechanical Devices B
9.08.180 Notices - Advertisements C
9.08.190 B General Nuisance B
Page 1 on
~&,
CITY OF
ASHLAND
9.08.270 Coal Sale C
9.12.020 Keeping Junk - Unlawful Out of B
Doors
9.12.030 Keeping Junk - Exposed to View B
Unlawful
9.12.035 A-G Storage and Disposal of Junk on B
Calle Guanajuato
9.12.060 Nuisance-J unk Penalty for 9.12 B
generally
9.16.010 Dogs Control Required D
9.16.020 Vicious Dogs-Control Required B
9.16.040 Dogs-Leash Required D
9.16.050 Unattended Dogs D
9.16.055 Removal of Dog Waste D
9.16.060 Dogs-City Parks or Plaza Islands D
9.16.065 Dogs - City Cemeteries D
9.20.030 A-B Polystyrene Foam Banned - Food B
Packaging (see 9.20.050)
9.24.060 Woodstove Curtailment 9.24.010- B
9.24.060. ,
9.24.060 Woodstove Curtailment disclosure A
Councilor Silbiger's comments were addressed as follows:
. Animals at large modified to remove superfluous language and clarified to refer to all animals
consistent with keeping of animals section.
. Keeping of animals clarified to refer to minimum care statute. Clarified to require minimum
care for all animals.
. Update to noise producing device list, with clarification that appeals go through uniform
appeals ordinance. [a revision to noise ordinance is scheduled for later this year]
. No change regarding prohibited sale of coal.
. Junk is defined in AMC 9.12.010
. Term "service animal" replaces dogs for blind and deaf
. Woodstove penalty changed to Class A from $500.
Related City Policies:
, Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Page 2 of3
~.t. 1
CITY OF
ASHLAND
Council:
2010.
Move to approve First Reading of the ordinance and set second readingfor May 4.
Attachments:
Proposed ordinance
Page) of 3
r.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 9, HEALTH AND SANITATION AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... oL and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop, 20 Or.
App. 293,531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless othelWise specified; this Chapter is being amended to specify classifications
where appropriate. '
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.08.020 [Dangerous Animals] through 9.08.190 [Declaration of
Nuisance - General Nuisance] are hereby amended to read as follows:
9.08.020 Dangerous Animals
No owner or person in charge of an animal shall permit an animal which is
dangerous to the public health or safety to be exposed in public. Danaerous
animals is a Class B violation,
9.08,030 Animals at Large
No owner or person in charge of any dOQ, livestock, or poultry of the
Page 1 of 16
follo'....ing animals shall permit the animal to run at large; animals at larae is a
Class D violation.
A. ^ female dog in heat.
Iii. ^ male dog during the months of April, May, June and July.
C. li\'estoGk or poultry.
9.08,040 Keeping of Animals
A. Except as otherwise permitted by ordinance, no person shall keep or maintain
more than three (3) dogs over the age of three (3) months on anyone (1) parcel
or tract of land.
B. No person shall keep or maintain swine. Notwithstanding the preceding
sentence or the provisions of section 18.20.020, keeping or maintaining swine
commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied
pigs (sus scrofa vittatus) is allowed, subject to the following:
1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or
weigh more than 95 pounds.
2. No more than one such pig shall be kept atany one parcel or tract of land.
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the person
keeping or maintaining them or to the property of another if such other person
has given express permission;
b. Be confined to a car or truck when off property where otherwise confined; or
c. Be on leash not longer than six feet in length.
4. Such pigs shall be kept in accordance with the'standards of minimum
care for domestic animals as setforth in ORS 167.310. have aGGess to an
enGlosed strUGture suffiGient to proteGt them from wind, rain, snow or sun
and .....hiGh has adequate bedding to proteGt against Gold and dampness.
Confinement areas must be kept Glean and free from waste or other
Gontaminants.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. No person shall keep or maintain poultry within seventy-five (75) feet of
another dwelling.
Page 2 of 16
D. No person shall keep or maintain rabbits within one hundred (100) feet of
another dwelling or within seventy-five (75) feet of a street or sidewalk.
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container
of any kind or character wherein bees are hived, within one hundred fifty (150)
feet of another dwelling or within one hundred fifty (150) feet of a street or
sidewalk.
F. No person shall keep or maintain a stable within one hundred (100) feet of
another dwelling.
G. Where the conditions imposed by subsections (B) to (F) of this section differ
from those imposed by another ordinance, the provision which is more restrictive
shall control.
H, The applicable minimum care reauirements of ORS 167.310 shall applv
to all animals identified in this section.
I. Keepina of animals is a Class C violation.
9,08.050 Removal of Carcasses
No person shall permit an animal carcass under their ownership or control to
remain upon public property, or to be exposed on private property, for a period of
time longer than is reasonably necessary to remove or dispose of the carcass.
Removal of carcasses is a Class D violation.
9.08.060 Nuisances Affecting the Public Health
No person shall cause, or permit on property under their ownership or control, a
nuisance affecting public health. The following are nuisances affecting the public
health and may be abated and/or cited as provided in this shapter the AMC:
A. Privies. An open vault or privy constructed and maintained within the City,
except those constructed or maintained in connection with construction projects
in accordance with the Oregon State Board of Health regulations;
B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are
not removed within a reasonable time and that affect the health of the City;
C. Stagnant Water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests;
D. Water Pollution. Pollution of a body of water, well, spring, stream, or drainage
ditch by sewage, industrial wastes, or other substances placed in or near the
water in a manner that will cause harmful material to pollute the water;
Page 3 of 16
E. Food. Decayed or unwholesome food which is offered for human
consumption;
F. Odor. Premises which are in such a state or condition as to cause an offensive
odor or which are in an unsanitary condition;
G. Surface Drainage. Drainage of liquid wastes from private premises;
H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or
which cause an offensive odor;
I. Slaughterhouses and Tanneries. A slaughterhouse or tannery.
J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from
private or public lands onto public roads without taking reasonable precautions to
prevent mud, dirt, or debris from becoming airborne or washing off the site.
These precautions shall include prompt removal of such material from the paved
road surfaces and such other precautions including, but not necessarily limited
to, the conditions listed below. The City may require the imposition of building
permit 'conditions for the prevention of trackout. Conditions imposed may include,
but are not limited to the following:
The posting of a bond sufficient to assure available funds for roadway cleanup by
the City if the contractor or permittee is negligent in cleanup of adjacent public
roadways.
1. Street sweeping, vacuuming or other means of removing trackout material
from public roadways.
2. Installation of wheel washers at exits of major construction sites.
3. Use of temporary or permanent barricades to keep traffic off unpaved areas.
4. Require graveling of access roads on site.
5. Limit the use of public roadways by vehicles.
6. Issue stop work order if trackout occurs and is not promptly corrected. A
violation of a stop work order shall be considered a violation of this section. A
stopOwork order issued pursuant to this section shall be posted at the work site
and delivered personally or by certified mail to an alleged violator.
7. For access to property, paving of the entry way or driveway for its entire length
or a distance of 50 feet, whichever is shorter.
Page 4 of 16
Nuisances affectina public health are considered Class A violations.
9.08.070 Abandoned Refrigerators
No person shall leave, in a place accessible to children, an abandoned or
discarded icebox, refrigerator, or similar container without first removing the door,
unless the same has a magnetic catch or similar catch which can easily be
opened from the inside. Abandoned refriaerators is a Class A violation.
9.08.080 Attractive Nuisances
A. No owner or person in charge of property shall permit thereon:
1. Unguarded machinery, equipment, or other devices which are attractive,
dangerous, 'and accessible to children.
2. Lumber, logs, or piling placed or stored in a manner so as to be attractive,
dangerous, and accessible to children.
3. An open pit, quarry, cistern or other excavation which is substantially below
the level of the adjacent street without safeguards or barriers to prevent such
places from being used by children.
B. This section shall not apply to authorized construction projects with
reasonable safeguards to prevent injury or death to playing children.
C. Attractive nuisances are Class B violations.
9.08.090 Snow and Ice - Removal
A. No owner or person in charge of property, improved or unimproved, abutting
on a public sidewalk shall permit:
1:. A.-Snow to remain on the sidewalk for a p.eriod longer than the first two
(2) hours of daylight after the snow has fallen.
2. So.lce to remain on the sidewalk for more than two (2) hours of daylight
after the ice has formed unless the ice is covered with sand, ashes, or
other suitable material to assure safe travel.
B. Snow and ice removal is a Class D violation.
9.08.100 Noxious Growth
No owner or person in charge of property shall permit weeds or other noxious
vegetation to grow upon such property. It shall be the duty of an owner or person
in charge of the property to cut down or to destroy grass, shrubbery, brush,
Page 5 of 16
bushes, weeds, or other noxious vegetation as often as needed to prevent them
from becoming unsightly, from becoming a fire hazard, or, in the case of weeds
or other noxious vegetation, from maturing, or from going to seed. Noxious
arowth is a Class C violation.
9.08.110 Scattering Rubbish
No person shall deposit upon public or private property any kind of rubbish, trash,
debris, refuse, or any substance that would mar the appearance, create a stench
or fire hazard, detract from the cleanliness or safety of the property, or would be
likely to injure a person, animal, or vehicle traveling upon a public way.
Scatterina rubbish is a Class B violation,
9,08.120 Trees. Hedges
A. No owner or person in charge of property that abuts upon a street or public
sidewalk shall permit trees, bushes, or hedges on such property to interfere with
street or sidewalk traffic. In addition, it shall be the duty of such owner or person
to remove, from any tree on such property, all branches that overhang the
sidewalk or street to a height of not less than eight feet above the sidewalk and
not less than twelve feet above the street. For purpose of the preceding
sentence, the duty to remove branches extends to trees on any parking strip
adjoining the street or sidewalk that abuts such property.
, B. No owner or person in charge of property shall allow to stand a dead or
decaying tree that is a hazard to the public or to persons or property on or near
the property.
C. No owner or person in charge of property shall place or maintain thereon,
along a street or public sidewalk, a thorn-bearing hedge or a hedge in excess of
four (4) feet in height.
D. Trees.Hedaes are a Class C Violation.
9.08.130 Parking Strips
It shall be the duty of the owner or person in charge of abutting property to grade
the area between the sidewalk and the curb to the level of the sidewalk and curb
and to maintain the area as a grass plot; provided, however, that the area may
be used also for ornamental plants and shrubbery in a manner not in conflict with
this chapter or any ordinances. Parkina strips is a Class C violation,
9.08.140 Fences
A. No owner or person in charge of property shall construct or maintain a barbed-
wire fence thereon, or permit barbed wire to remain as part of a fence, along a
Page 6 of 16
sidewalk or public way, except such wire may be placed above the top of other
fencing not less than six (6) feet, six (6) inches high.
B. No owner or person in charge of property shall construct, maintain, or operate
an electric fence along a sidewalk or public way or along the adjoining property
line of another person.
C. Fences is a Class B violation.
9,08,150 Surface Waters - Drainage
A. No owner or person in charge of a building or structure shall suffer or permit
rainwater, ice, or snow to fall from the building or structure on to a street or public,
sidewalk or to flow across the sidewalk.
B. The owner or person in charge of property shall install and maintain in a
proper state of repair adequate drainpipes or a drainage system so that any
overflow water accumulating on the roof or about the building is not carried
across or upon the sidewalk.
C. Surface Waters - DrainaQe is a Class B violation.
9.08.160 Radio and Television -Interference
A. No person shall operate or use an electrical, mechanical, or other device,
apparatus, instrument, or machine that causes reasonably preventable
interference with radio or television reception by a radio or television receiver of
good engineering design.
B. This section does not apply to devices licensed, approved, and operated
under the rules and regulations of the Federal Communications Commission.
C. Radio and television interference is a Class B violation.
9.08.170 Unnecessary Noise
A. No person shall make, assist in making continue, or cause to be made any
loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or
endangers the comfort, repose, health, safety, or peace of others.
B. The standard for judging loud, disturbing and unnecessary noises shall be that
of an average, reasonable person with ordinary sensibilities after taking into
consideration the character of the neighborhood in which the noise is made and
the noise is heard. Such noises which are in violation of this section include but
are not limited to the following:
Page 7 of 16
1. The keeping of any bird or animal, includinC! specifically any doC!, which by
causing frequent or long-continued noise disturbs the comfort and repose of any
person in the vicinity;
2. The attaching of a bell to an animal or allowing a bell to remain on an animal;
3. The use of a vehicle or engine, either stationary or moving, so out of repair,
loaded, or operated as to create any loud or unnecessary grating, grinding,
rattling, or other noise; .
4. The sounding of a horn or signaling device on a vehicle on a street, public
place, or private place, except as a necessary warning of danger;
5. The" blowing of a steam whistle attached to a stationary boiler, except to give
notice of the time to begin or stop work, as a warning of danger, or upon request
of proper City authorities;
6. The use of a mechanical device operated by compressed air, steam, or
otherwise, unless the noise thereby created is effectively muffled;
7. The erection, including excavation, demolition, alteration, or repair of a building
in residential districts, other than between the hours of seven (7:00) a.m. and six
(6:00) p.m. weekdays, and on weekends and Holidays between the hours of
eight (8:00) a.m. and six (6:00)p.m., except in case of urgent necessity in the
interest of the public welfare and safety and then only with a permit granted by
the City Administrator for a period not to exceed ten (10) days. The permit may
be renewed for periods of five (5) days while the emergency continues to exist. If
the Council determines that the public health, safety and welfare will not be
impaired by the erection, demolition, alteration, or repair of a building between
the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further
determines that loss or inconvenience would result to any person unless the work
is permitted within these hours, the Council may grant permission for such work
to be done within specified hours between six (6:00) p.m. and seven (7:00) a.m.
upon application therefore being made at the time the permit for the work is
awarded or during the progress of the work. (Ord. 2580, 1990)The actual owner
of property may do work on "property which is actually owner occupied between
the hours of six (6:00) p.m. and ten (10:00) p.m. without obtaining a permit as
herein required;
8. The use of a gong or siren upon a vehicle, other than police, fire, or other
emergency vehicle;
9. The creation of excessive noise on a street adjacent to a school, institution of
learning, church, or court of justice, while the same are in use, or on a street
adjacent 10 a hospital, nursing home, or other institution for the care of the sick or
infirm, which unreasonably interferes with the operation of such institution or
Page 8 of 16
disturbs or unduly annoys patients;
10. The discharge in the open air of exhaust of a steam engine, internal
combustion engine, motorboat, or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises and the emission of
annoying smoke;
11. The use or operation of an automatic or electric piano, musical instrument.
stereo pheRograph, gramepheRe, Victrela, radio, or similar device,
television, computer, loudspeaker, or any instrument for sound producing or any
sound-amplifying device so loudly as to disturb persons in the vicinity thereof or
in such a manner as renders the use thereof a nuisance. However, upon
application to the City Administrator, or desiQnee and a report from the Chief of
Police, the City Administrator or desiQnee may grant permits to responsible
persons or organizations for the broadcast or amplification of programs of music,
news, speeches, or general entertainment as a part of a national, state or City
event, public festivals, or special events of a noncommercial nature. If the City
Administrator or desiQnee disapproves such a permit, the matter may be
appealed pursuant to the AMC 2.30, and the decision of the HearinQs
Officer, who shall not be the Citv Administrator, te the City CellRcil whese
decisioR shall be final. The broadcast or amplification shall not be audible for a
distance of more than one thousand (1,000) feet from the instrument, speaker, or
amplifier, and in no event, shall a permit be granted where any obstruction to free
and uninterrupted traffic, both vehicular and pedestrian, will result.
12. The making of a noise by crying, calling, or shouting or by means of a
whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or
other device for the purpose of advertising goods, wares, or merchandise,
attracting attention, or inviting patronage of a person to a business. However,
newsboys may sell newspapers and magazines by public outcry;
13. The conducting, operating, or maintaining of a garage within one hundred
(100) feet of a private residence, apartment, rooming house, or hotel in such
manner as to cause loud or disturbing noises to be emitted there from between
the hours of eleven (11 :00) p.m. and seven (7:00) a.m.)
C. Any source of noise which exceeds the following standards is considered a
public nuisance:
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50--45 DBA
L 10--55 DBA L 10--50 DBA
L 1--60 DBA L 1--55 DBA
where:
Page 9 of 16
L50 = noise level exceeded 50% of the time
L 10 = noise level exceeded 10% of the time
L 1 = noise level exceeded 1 % of the time
2. Standards for measurement. Standards for measurement of noise sources
shall be described in "Sound Measurement Procedures Manual," current
revision, as adopted by the State Department of Environmental Quality.
3. Where measured. Measurement of a noise source shall be made from the
closest residential structure in a residential zone.
,
4. Construction activities exempted. Noise from temporary construction activities
is exempted from the noise performance standards from 7:00 a.m. to 9 p.m.
5. Variances. The Council may grant variance to the Decibel Noise Standards
when it finds that strict compliance with the ordinance would cause an unusual
and unreasonable hardship to a commercial or industrial use.
a. The Council shall notify all adjacent residential structures within 200 ft. of the
proposed variance and shall hold the public hearing on the variance prior to
making any decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable
hardship.
D. Unnecessary noise is a Class A violation.
9.08.175 Heat Pumps or Mechanical Devices
No person shall cause or permit to exceed, on property under their ownership or
control, the standards set forth in Section 15.04.185 of the Municipal Code. Heat
Pumps or Mechanical Devices is a Class B violation.
9.08.180 Notices - Advertisements
A. No person shall scatter, litter, or cause to be scattered, or littered any
placards, advertisements, or other similar materials on public or private property.
Notices - advertisements is a Class C violation.
9.08.190 Declaration of Nuisance - General Nuisance
A. The acts, conditions, or objects specifically enumerated and defined in Section
9.08.020 through Section 9.08.180 and in Section 13.16.065 are declared public
nuisances and such acts, conditions, or objects may be abated by any of the
procedures set forth in AMC 2.31 and this Chapter. SectioR 9.gS.2gg through
SectioR 9,gS.2Jg. Abatement procedures in AMC 9.08 are non-exclusive
Page 10 of 16
remedies for identified nuisances and aeneral nuisances.
B. In addition to the nuisances specifically enumerated within this chapter, every
other thing, substance, or act which is determined by the Council to be injurious
or detrimental to the public health, safety, or welfare of the City is declared a
nuisance and may be abated as provided in this chapter.
C. General nuisance under 9.08.190.B. is a Class B violation.
SECTION 2. Sections 9.08.270 [Prohibiting the Sale of Coal] is hereby amended to
read as follows:
9.08.270 Prohibiting the Sale of Coal
No person, firm or corporation shall sell, trade, deliver or give away coal within
the City of Ashland. This shall apply to coal that is intended or suitable for use in
stoves for heating and does not include charcoal. Violation of this Section is
subject to the penalties set forth in section 9.08.250. Coal Sale is a Class C
violation.
SECTION 3, Sections 9.12.020 [Keeping Junk - Unlawful Out of Doors] through
9.12.035 [Storage and Disposal of Junk on Calle Guanajuato] is hereby amended to
read as follows:
9.12.020 Keeping Junk -Unlawful Out of Doors
It is determined and declared that the keeping of any junk out of doors on any
street or other public property, lot, or premises within the City, or in a building that
is not wholly or entirely enclosed except doors for use for ingress and egress, is
a nuisance and is unlawful. Keepina Junk - Unlawful out of doors is a Class B
violation.
9.12,030 Keeping Junk - Exposed to View Unlawful
It is unlawful for any owner, lessee, or occupant to keep any junk on any lot or
premises within the City, or in a building that is not wholly or entirely enclosed
except doors used for ingress and egress. It is unlawful for any person, their
agent or employee, to keep any junk on any street or other public property.
Keepina iunk - exposed to view unlawful is a Class B violation.
9.12.035 Storage and Disposal of Junk on Calle Guanajuato
A. The regulations in this section shall apply to properties that have access to
Calle Guanajuato, that area of Lithia Park that is between Winburn Way and
North Main Street, and betwee'n the Plaza and Granite Street.
B. In addition to the regulations on junk contained in this chapter, junk shall only
Page 11 of16
be stored within a building, in an area completely enclosed from view that is
closed tightly so that flies, odors, junk, liquids, and vermin cannot escape from
the junk and affect Calle Guanajuato. '
C. The Council may approve a storage device which may be used on private land
that is not entirely enclosed in a building, if, in the Council's opinion, it provides
sufficient protection from odors, waste materials, waste liquids, oils, fats, and
flies.
D. The Council may set aside a common area for storage of junk and recyclable
materials for the use of businesses located on properties that have access to
Calle Guanajuato. The Council shall assess each business its pro-rata share of
the costs of disposal of junk from the common area. Every business shall be
assumed to benefit from the disposal area unless it has an area for its own use
that is entirely enclosed within a building, and of sufficient size to accommodate
the junk and other waste produced by the business.
E. In assessing the pro-rata share of disposal costs to a business, the Council
, may use average waste produced or expected to be produced by that type of
business. The costs shall be assessed on the normal electric utility bill, and be
the responsibility of the person to whom the electric utility account is registered.
F. It is a violation of this ordinance for a person to use the common area for
disposal if they are not being assessed for the costs of the disposal of junk from
that area.
G, Storaae and disposal of iunk on Calle Guanaiuato is a Class B violation.
SECTION 4. Section 9.12.060 [Violation - Penalty] regarding 9.12 [Nuisance -- Junk] is
hereby amended to read as follows:
9.12.060 Violation - Penalty
If the notice is given as provided in section 9.12.050 and the owner, lessee, or
occupant fails to comply with this chapter, or any person keeps junk on any street
or other public property, then said person is in violation of this chapter and, upon
conviction, is punishable as prescribed in Section 1.08.020. Unless otherwise
specified. violation of this chapter is a Class B violation.
SECTION 5. Sections 9.16.010 [Control Required] through 9.16.080 [Penalties for
Violation] are hereby amended to read as follows:
9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property
of the person owning, harboring or having the charge, care, control, custody or
Page 12 of 16
possession of such dog; however, it shall be permissible for a dog to be confined
by fence, leash or obedience tra.ining to the property of another if such other
person has given express permission. Provided, however, that the City Council
may, in its discretion, designate certain areas within the City where dogs may be
permitted to run free while under the owner's or keeper's control. Control
reauired is a Class D violation.
9.16.020 Vicious Dogs - Control Required
Any dog that is vicious or dangerous to the safety of persons must be confined
by enclosure or a leash to property of its owner or keeper. Vicious doas-control
reauired is a Class B violation.
9,16.030 Dog - Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its
owner or keeper, and such confinement may be either by physical means or by
obedience training. The duration and circumstances of the confinement
shall be consistent with minimum care for the animal under Dreaon
statutes protectina animals from mistreatment or abuse.
9,16.040 leash Required
Any dog not confined to property as set forth above in this chapter and which is
on either public or private property must be on a leash not longer than six (6) feet
in length. leash reauired is a Class D violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by
their owner or person having the custody of such dog; and, it shall be unlawful for
any person to tie or permit to be tied or remain tied a dog or any other animal to
any tree, hydrant. railing, or other object on the public property of the City of
Ashland. Unattended doas are a Class D violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog,
shall be in possession of tools for the removal of, and shall remove, excrement
deposited by the dog:
A. In any public area not designed to receive those wastes, including but not
limited to streets, sidewalks, parking strips, the Plaza islands, city parks and trails
or roads paralleling ditches, swales, culverts, canals and similar facilities owned
or operated by the Talent Irrigation District or the City of Ashland, or
Page 13 of 16
B. On any private property. It is an affirmative defense to a prosecution on any
charge under this subsection that the property owneror person in charge of the
property consented to such use of the property.
Removal of dOQ waste is a Class D violation.
d) 9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for service animals. seeing eye dogs when in the clIstody 3nd
control of 3 person legally blind, are not permitted in any of the city parks or the
Plaza islands under any condition except as provided in section 9.16.030; except
that the Ashland Park Commission may designate certain defined area within such
parks where dogs may be allowed on a leash which conforms to the above
requirements; and except that a person may walk a dog on a leash through the
Plaza islands if the dog remains on the paved portions of the Plaza islands.
"Service animal" for purposes of this Chapter means an animal that is
trained to perform tasks for an individual with a disability. The tasks may
include. but are not limited to. QuidinQ a person who is visually impaired or
blind. alertinQ a person who is deaf or hard of hearinQ. pullinQ a wheelchair.
assistinQ with mobility or balance. alertinQ and protectinQ a person who is
havinQ a seizure. retrievinQ obiects. or performinQ other special tasks. A
service animal is not a pet or companion animal. DOQS - City Parks or Plaza
islands is a Class D violation.
9,16.065 Dogs - City Cemeteries
Dog!\, except for service animals, .....ith the exception of seeing eye dogs,
are not permitted in any of the City cemeteries under any condition. DOQS - city
cemeteries is a Class D violation.
9.16.070 Dogs Noise
It shall be lInla\\'flll for any person to keep within the City of ^shland any
dog which by long continlled barking distllrbs or 3nnoys another person
within the City.
9.16.080 Penalties for Violation
I',ny person who '/iolates any provision of this chapter shall be pllnished as
set forth in Section 1.08.020 of the Ashland MlInicipal Code,
SECTION 6. Section 9.20.030 [Polystyrene Foam Banned - Food Packaging] is hereby
amended to read as follows:
Page 14 of 16
9.20.030 Polystyrene Foam Banned - Food Packaging
A. Effective January 1, 1990, no No restaurant, retail food vendor or non-profit
food provider shall serve food, and after March 31, 1990 no food packager shall
package eggs, bakery products or other food in polystyrene foam (PSF) ,
containers, manufactured with chlorofluorocarbons (CFCs) which do not reduce
the potential for ozone depletion by more than ninety-five percent (95%),
compared to the ozone depletion potential of CFC-12 (dychlorodifluorothane).
Compounds banned include: CFC-11, CFC-12, CFC-113, CFC-114, CFC-115,
Halon-1211, Halon-1301 and Halon-2402. Food vendors may be required to
furnish a written statement from the manufacturer or supplier of polystyrene foam
products used by that food vendor, indicating that the chemical compounds used
in the manufacture of the vendor's polystyrene foam products meet the
provisions of this ordinance. This section does not apply to meat, including beef,
poultry, seafood or pork, packaged in polystyrene foam containers.
B. Effecti'..e January 1,1991, no No restaurantfood packager, non-profitfood
provider or other person shall serve, sell, give away, deliver or provide in
anyway, food in any polystyrene foam (PSF) products, nor sell polystyrene foam
(PSF) products intended for use as disposable food containers, unless such
person has developed a method for recycling said PSF packaging used on-site.
In no case, after January 1,1991 however, shall such PSF packaging be used
for carry-out service, nor shall such packaging leave the premises of the vendor
or provider.
SECTION 7. Sections 9.20.050 [Enforcement] regarding 9.20.030 [Polystyrene Foam
Banned - Food Packaging] is hereby amended to read as follows:
9.20.050 Enforcement
The City Attorney, upon determination that a violation of this Ordinance
has occurred, shall issue a .....ritten notice of the ...iolation by certified mail
to the '..eRdor or food packager '....hich will specify the ...iolation and
appropriate penalty.
Violations of this ordinance shall be deemed a Class B violation an iRfraction,
and shall be punishable as set forth in section 1.08.020 of the Municipal Code.
The '/endor or food packager shall, upon receipt of a notice of violation,
pay to the City the stated penalty, or appeal the finding of a violation to the
Ashland Municipal court by requesting a hearing within fifteen (15) days of
receipt of the notice,
SECTION 8. Sections 9.24.060 [Penalty] regarding 9.24.010 - 9.24.060.[Woodstove
Curtailment] is hereby amended to read as follows:
Page 15 of 16
9.24.060 Penalty
Failure to complv with the Disclosure. Removal. Disposal and Certificate
reQuirements of AMC 9.24,055 is punishable as a Class A violation. In
addition, the cost of Court or Administrative proceedinQs to enforce the
removal reQuirement shall be imposed. Any person violating or causing anv
other tile violation of any of the provisions of this Chapter shall be punishable as
a B violation prescribed in Section 1.08.020 of the Ashland Municipal Code.
SECTION 9, Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall 6e held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 11. Codification, Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 9 thru 11,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 , 2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
.
Richard Appicello, City Attorney
Page 16 of 16
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 10 Relating to Classification of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benn~ Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 10 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading ofthis ordinance and set Second Reading for
May 4, 2010.
Background: The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B:
$360; (3) Class C: $180; (4) Class D $90. The Chapter contains the following recommended
classifications:
CHAPTER 10
PUBLIC PEACE, MORALS AND SAFETY
AMC Title Class
10,04.030 Interference with a public safety radio C
10,26.050 Swimming Pool Barrier - Penalty A
10.30.050 A- Outdoor Burning Penalties A
B
10.40.030 Consumption of alcoholic liquors in public B
places prohibited
10.40.040 Open Containers Prohibited B
10.46.020 Camping Prohibited B
10.46.030 Sleeping on Benches D ,
10.56.030 A- Prohibited Uses of Fountains and A
B Monuments
10.60.020 Horses Prohibited B
10.60.050 Library property-Retention past due date D
prohibited
10.64.030 Sidewalk Obstruction A
10.68.060 Prohibited Commercial Activity - Parks A
10.68.080 Notices prohibited D
10.68.090 A- Intoxicating liquor prohibited B
C
10.68.100 Littering Prohibited B
10.68.110 Iniuring or defacing property prohibited B
10.68.120 Park property - Prohibited uses C
10.68.130 Betting prohibited B
Page I of3
11'..
.._~
CITY OF
ASHLAND
10,68.140 Firearms and explosive prohibited A
10,68.150 Iniuring wildlife prohibited A
10,68.170 Park waters -Use B
10,68.180 Whistles Prohibited D
10.68.190 Park rules-Destruction of notice prohibited A
10.68.200 A- Animals in Parks D
D
10.68.210 A- Vehicles- Use restricted C
D
10.68.220 Emergency vacation A
10,68.230 Sleeping prohibited D
10.68.240 Comfort stations D
10.68.250 "No admittance" or "reserved" sign- A
Compliance B
10.68.260 Swings - Hammocks D
10.68.270 Fires outside designated areas B
Fires when Fire Restricted A
10,68.280 Permit - Inspection D
10.68.290 Permit - Conditions B
10.68.300 Barriers - Compliance C
10.68.310 Park Officers - Obedience required C
10.68.330 Prohibited Camping C
10.68.370 Parking limitations- Campers C
10.68.380 Lithia Park Curfew D
10.92.020 A- Discharging weapons A
B
10.100.010 Prohibited Social gambling B
10.110.070 Fair Housing Penalties A
10.115.080 Tenant Rights Penalties A
A-B section
8-10
Councilor Silbiger's comments are addressed as follows:
. "Service animal" replaces reference to dogs for blind and deaf.
. Intoxicating liquor is modified to allow for alcohol at the Golf Course
. Exceptions to firearms use in I 0.92.020.B, acknowledged.
. Allowance for dogs offleash in dog parks addressed.
. Firearm and weapons discharge authorized at licensed facilities.
.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a date certain.
Page2of3
JIr..
IF_ .,
CITY OF
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor May 4,
2010.
Attachments:
Proposed ordinance
Page 3 of3
r.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC
CHAPTER 10, PUBLIC PEACE, MORALS AND SAFETY AND REMOVING
UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... ... and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660, Beaverton Shop. 20 Or.
App, 293, 531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.030 [Interference with Police] through Section 10.04.040
[Penalties] are hereby amended to read as follows:
10.04.030 Interference with poliGe a public safety radio
A. No person sllallllinder, delay, obstruGt or resist a police officer or
person duly empowered with poliGe autllority wllo is aGting in tile
disGllarge of offiGial duties. .
8. No person shall operate any generator or electromagnetic wave or otherwise
cause a disturbance of such magnitude as to interfere with the proper functioning
of any police, fire, or emerqency radio communication system of the city.
Interference with public safety radio is a Class C misdemeanor.
Page 1 of 17
C. No person shall refuse to lea...e the area of an arrest, Gustody, or stop, or
ha'/ing left that area, re enter it, after being direGted to lea':e the area by a
person kno'.... to him to be a peaGe offiGer. "To leave the area of an arrest,
Gustody or step" means to physically move to a location not less than ten
(10) feet extending in a radius from I....here a police offiGer is engaged in
effeGting an arrest, taking a person into Gustedy, er stopping a person,
pro':ided that the peaGe efficer may extend the radius beyond ten (10) feet
when the effiGer reasonably believes that the extensien is neGessal)'
beGause of substantial risk of physiGal injury to any person.
10.04.040 Penalties
Any persen 'Jielating this seGtion shall be guilty ef a misdemeanor as set
forth in SeGtion 1.08.010.
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are
hereby amended to read as follows:
10.12 Assault
10.12.010 Assault and 8attel)'
Ne persen shall attaGk, assault, or Gommit a battery upen anether,person.
10.12.020 Offensive PhysiGal CentaGt
Ne persen shall Gause or attempt to Gause another persen reasenably te
apprehend that the person \\'i11 be subjeGted to any effensive physiGal
Gontact, inGluding but not limited to tOUGhing, gr-abbing or striking, either te
the person or to personal preperty in the person's immediate pessession.
10.12.090 Penalties
.^,ny person ...iolating any seGtion within this chapter shall be guilty ef a
misdemeaner a~ set ferth in SeGtien 1.08.010.
SECTION 3. Section 10.26.050 [Swimming Pools -Barrier- Penalty] is hereby amended
to read as follows:
10.26.050 Violation - Penalty
Any person, firm or corporation found in violation of the terms of this chapter, and
upon conviction, shall be guilty of an infraGtion a Class A violation and shall
,be punished as set forth in SeGtion 1.08.020 of the MuniGipal Cede.
Page 2 of 17
SECTION 4. Section 10.30.050 [Outdoor Burning- Enforcement and Penalties] is
hereby amended to read as follows:
10.30.050 Enforcement and Penalties
A, Any person, firm or corporation, whether as a principal agent, employee or
otherwise, violating or causing violation of any of the provisions of this ordinance,
includina but not limited to unpermitted burnina or violation of permit
reauirements. has committed an infraction a Class A violation, and upon
conviction thereof, is punishable as prescribed in Section 1.08.020 of the
Ashland Municipal Code. Such person, firm or corporation is guilty of a separate
violation for each and every day during which any violation of this +itIe Chapter
is committed or continued by such person, firm or corporation.
B. Outside burning without a permit or a campfire in violation of this chapter is a
'public nuisance and may be summarily abated by the Fire Chief, Chief of Police,
or their representatives.
SECTION 5. Section 10.40.010 [Liquor Regulations - Bartender not to drink on duty]
through Section 10.04.040 [Open Container Prohibited] are hereby amended to read as
follows:
10.40. Liauor Reaulations
10AO.010 8artender not to drink on duty
No bartender shall drink or consume alcoholic liquor, or be under the
influence of alcoholic liquor, while on duty in a licensed premise.
10AO.020 license scope Conformance required
No licensee, or employee of licensee, shall have in possession on the
licensed premise alcoholic liquor that is not included \\'ithin the scope of
the license for such premises.
10.40.030 Consumption of alcoholic liquors in public places prohibited
No person shall drink or consume alcoholic liquor in or upon any street, alley,
public ground, or other public place unless the place has been licensed for that
purpose by the Oregon Liquor Control Commission. Consumption of alcoholic
Iiauors in public places prohibited is a Class C violation.
10.40.040 Open Containers Prohibited
A person commits the offense of violation of the open container law if the person
possesses on one's person, while in or upon any street, alley, public ground, or
Page 3 of 17
other public place unless the place has been licensed for that purpose by the
Oregon Liquor Control Commission, any bottle, can or other receptacle
containing any alcoholic liquor, which has been opened, or a seal broken, or the
contents of which have been partially removed, It shall not be a violation of this
section, however, if the bottle, can or other receptacle is within a motor vehicle
and in compliance with ORS 811.170, the open container law in a motor vehicle.
Open containers prohibited is a Class C violation.
SECTION 6. Section 10.44.010 [Disorderly Conduct] is hereby amended to read as
follows:
10.14.010 DiserElerly GenduGt
A. Ne person shall without goed Gause, while en the premises ef a drive in
restaurant, drive in bank, drive in theater, dri':e in business, publiG parking
faGility, er other publiG or pri':ate property where parking or drive in
faGilities are effered er extended te publiG use, impede the orderly
movement ef vehiGles er pedestrian traffiG.
SECTION 7. Sections 10.44.015 [Pedestrian Interference] is hereby amended to read
as follows:
10.14.015 Pedestrian InterferenGe
^- Ne persen shall bloGk er interfere with, er attempt to bleGk er interfere
with, any persen aleng a publiG side'....alk or any area designed er
designated fer pedestrian traffiG, by any means, inGluding but net limited te
standing, sitting or lying, on that part ef the side.....alk er area used fer
pedestrian tr-a':el er plaGing any ebjeGt er vehiGle in SUGh sidewalk er ar-ea,
with the intent te interfere with free passage.
8. Ne persen shall bleGk or interfere 'I:ith, or attempt to bleGk er interfere
with, pedestrian er '/ehiGular entranGes te publiG er private preperty
abutting a publiG sidewalk with the intent to interfere with the tree ingress
te er egr-ess trem SUGh preperty.
C. This seGtien shall not apply to any aGtivity otherv.'ise made lawful.
SECTION 8. Section 10.46.020 [Camping Prohibited] and Section 10.46.030 [Sleeping
on Benches] are hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-
way, park, or any other publicly-owned property or under any bridge or viaduct,
unless otherwise specifically authorized by this code, by the owner of the
Page 4 of 17
property, or by emergency declaration under AMC 2.62.030. CampinQ
prohibited is a Class B violation.
10.46.030 Sleeping on Benches or '1'!ithin Doo/'\':ays Prohibited
A. No person shall sleep on public benches between the hours of 9:00 p.m. and
8:00 a.m. SleepinQ on benches is a Class D violation.
8. No person shall sleep in any pedestrian or vehicular entrance to public
or private property abutting a public sidewalk.
SECTION 9. Section 10.46.050 [Penalties] is hereby amended to read as follows:
10.46.050 MitiQation of Penalties
,I\". Any person \'iolating section 10.46.020 or 10.46.030 shall be guilty of a
violation as set forth in Section 1.08.020.
8. Up to 48 hours of community service may be ordered by the Court and
such service may include clean up of illegal campsites. The court shall
consider in mitigation of any punishment imposed upon a person convicted of
prohibited camping whether or not the person immediately removed the campsite
upon being cited. For purpose of this section, removal of the campsite shall
include all litter, including but not limited to bottles, cans, garbage, rubbish and
items of no apparent utility, deposited by the person in and around the campsite.
All litter in and around the campsite shall be presumed to be deposited by the
person convicted of prohibited camping. Such presumption shall be rebuttable,
however.
SECTION 10. Section 10.56.030 [Prohibited Uses of Fountains and Monuments] is
hereby amended to read as follows:
10.56.030 Prohibited Uses of Fountains and Monuments
A. No person shall climb, stand, lie or sit upon any public statue, monument or
decorative or drinking fountain except that a person may sit upon that portion of
any such monument or decorative fountain designed for sitting.
B. No person shall wash, bathe, shower, brush teeth or wash clothes or other
articles in any decorative or drinking fountain.
C. Prohibited uses of fountains and monuments is a Class A violation.
SECTION 11. Section 10.60.020 [Injury to or removal of property] is hereby amended
to read as follows:
10.60.020 Injury to or removal of property Horses prohibited
.'\.. No person, ':Jithout proper authority, shall Cllt, remo\'e, deface, or in any
Page 5 of 17
manner injure or damage real or personal property of the city within or
'f:ithout the corporate limits
8. No person, '....ithout proper authority, shall wilfully deface, injure, tamper
'Nith, break, or destroy any property, real or personal, belonging to or under
the control of another.
~ No person shall lead, drive, or ride a horse on public property, except upon
that portion of a street where vehicular traffic is authorized. Horses prohibited is
a Class B violation.
SECTION 12. Section 10.60.050 [Library Property- retention past due date prohibited]
and Section 10.60.060 [Violation Penalty] are hereby amended to read as follows:
10.60.050 Library property - Retention past due date prohibited
No person shall willfully or maliciously detain any book, newspaper, magazine,
pamphlet, or manuscript belonging to the public library for thirty (30) days after
notice in writing from the librarian of such library, given after the expiration of time
which by regulations of such library such book, newspaper, magazine, pamphlet,
phonograph record, or manuscript may be kept. The notice. shall bear upon its
face a copy of this section and Section 10.60.060. Library property - retention
past due date prohibited is a Class D violation. NothinQ herein shall
prohibit criminal prosecution for theft under OreQon Law.
10.60.060 Violation Penalty
Any person '.<iolating any of the provisions of this chapter is guilty of an
infraction and shall be subject to the penalties set forth in Section 1.08.020.
SECTION 13. Sections 10.64.010 [Opstructing passageways] through 10.64.030
[Penalty for Violation] are hereby amended to read as follows:
10.64.010 Obstructing passageways
A. Except as otherwise permitted by ordinance, no person shall use a street or
public sidewalk for selling, storing, or displaying merchandise or equipment.
B. The provisions of this section shall not apply to the delivery of merchandise or
equipment, provided the owner or person in charge of the merchandise or
equipment or the property abutting on the street or sidewalk upon which the
merchandise or equipment is located removes the merchandise or equipment
within a reasonable time.
C. Except as otherwise permitted by ordinance, no person shall place any object
on a public sidewalk which restricts the clear passageway for pedestrians to less
than eiQht feet. except when the sidewalk is less than eleven feet in width.
Page 6 of 17
then the measure shall be six feet, or place any object on a public sidewalk at a
street corner or within five feet of the curb return.
10.64.030 Penalty for Violation
Any person who violates any provision of this Chapter shall be punished as set
forth in Section 1.08.020 of the Ashland Municipal Code. Sidewalk obstruction
is a Class A violation.
SECTION 14. Section 10.68.060 [Penalty for Violation - Sidewalk obstruction] is
hereby amended to read as follows:
No one shall sell or offer for sale any article or perform or offer to perform any
service for hire in any of the parks without a written permit for such concession
properly and regularly granted by the Park Commission. No one shall hawk or
peddle popcorn, ice cream, candy, soda water, peanuts, or similar wares within
or on any of the park grounds of the city without first securing a permit to do so
from the Park Commission. Unpermitted commercial activitv is a Class A
violation.
SECTION 15. Section 10.68.080 [Notices prohibited] is hereby amended to read as
follows:
10.68.080 Notices prohibited
No one shall erect on any pole or post or attach any notice, bill, poster, sign,
wire, rod or cord to any tree, shrub, fence railing, fountain, wall, post, structure or
other device of any kind whatever, on any of the bases, statues, bridges, or
monuments in any park without permission of the Park Commission. Notices
prohibited is a Class D violation.
SECTION 16; Section 10.68.090 [Intoxicating Liquor prohibited] through Section
10.68.330 [sleeping prohibited] are hereby amended to read as follows:
10.68.090 Intoxicating liquor prohibited
It is unlawful for any person to take any intoxicating liquor or beverage into any
portion of the public parks of the city, except that:
A. Intoxicating liquor or beverages may be transported through the Lithia Park
extension area which is located between North Main Street and Winburn Way
and between Ashland Creek to the west and the Plaza to the east.
B. This section and the prohibitions on the possession and use of intoxicating
liquor shall not apply to that portion of the park that is leased to the Oregon
Shakespeare Festival Association.
Page 7 of 17
C. This section and the prohibitions on the provision and use of intoxicating liquor
shall not apply to the park property commonly known as Calle Guanajuato only
when such is served with prepared meals and with the express approval of the
Ashland Park and Recreation Commission and the Oregon Liquor Control
Commission.
D. This section and the' prohibitions on the provision and use of
intoxicatina Iiauor shall not applv to the park propertv commonly known as
Oak Knoll Golf Course only when such is served as part of the City Golf
Course operation or approved concession with the approval of the Ashland
Park and Recreation Commission and the Oreaon Liauor Control
Commission.
E. lntoxicatina Iiauor prohibited is a Class B violation.
10.68.100 Littering Prohibited
No one shall obstruct the free use and enjoyment of any park, or place any straw.
dirt, chips, paper, shaving, shells, ashes, swill or garbage or other rubbish even
though not offensive to health in or upon any portion of the Park. Litterina
prohibited is a Class B violation.
10.68.110 Injuring or defacing property prohibited
No one shall remove. destroy, break, injure, mutilate, or deface in any way, any
structure, monument, statue, vase. fountain, wall, fence, railing, vehicle. bench.
tree, shrub. fern, plant, flower, or other property in the park. lniurina or defacina
property prohibited is a Class B violation.
10.68.120 Park property - Prohibited uses
No one shall climb any tree. or walk, stand, or sit upon the monuments. vases,
fountains. railings, or fences in any park. Parks property-Prohibited uses is a
Class C violation.
10.68.130 Betting prohibited (unless authorized consistent with statute)
No game of chance or betting of any kind will be permitted within the park
boundaries. Bettina prohibited is a Class B violation.
10.68.140 Firearms and explosives use prohibited
Except as permitted by AMC 10.92.020.B.. no No one shall use firearms,
fireworks, firecrackers, torpedoes, or explosives of any kind in any park.
Firearms and explosives use prohibited is a Class A violation.
Page 8 of 17
10.68.150 Injuring wildlife prohibited
No one shall use any weapon, stick, stone, or missile of an kind to destroy,
injure, disturb or molest any wild or domestic animal, fowl, or fish within the park
limits. IniurinQ wildlife prohibited is a Class A violation.
10.68.170 Park waters - Use
No one shall fish, wade, swim, or bathe in any of the parks except the places
designated for such purposes, except, however, that children of the age of
thirteen (13) years and under shall be permitted to fish within the present, or
hereinafter designated, boundaries of Lithia Park. Park waters-use is a Class B
violation.
10.68.180 Whistles prohibited
Except for sports officials and coaches durinQ scheduled events, Vyisitors
shall not sound whistles in any of the parks. Whistles prohibited is a Class D
violation.
10.68.190 Park rules-Destruction of notice prohibited
No person shall injure, deface, or destroy any notice of rules and regulations for
the government of the parks, which shall have been posted or permanently fixed
by order or permission of the park commission. Destruction of notice is a
Class A violation.
10.68.200 Animals
A. Dogs, except for service animals, seeing eye dogs and dogs for the deaf,
when in the Gllstody and Gontrol of a person legally blind or deaf, are not
permitted in any of the City Parks under any conditions except as provided in
Section 9.16.030; and except that the Ashland Parks and Recreation
Commission may designate certain defined areas within such parks or "doQ
parks" where dogs may be allowed on or off a leash. whiGh Gonforms to the
provisions of SeGtion 9.16.040 of this code. "Service animal" for purposes
of this Chapter means an animal that is trained to perform tasks for an
individual with a disability. The tasks may include. but are not limited to.
QuidinQ a person who is visually impaired or blind. alertinQ a person who is
deaf or hard of hearinQ. pullinQ a wheelchair. assistinQ with mobility or
balance. alertinQ and protectinQ a person who is havinq a seizure,
retrievinQ obiects. or performinQ other special tasks. A service animal is
not a pet or companion animal.
B. Animals shall not be allowed to run at large, and if found within the park limits,
may be impounded.
Page 9 of 17
C. No animals of any kind shall be allowed to enter any of the lakes, ponds,
fountains, or streams.
D. Owners of dogs or other animals, damaging or destroying park property, will
be held liable for the full value of the property damaged or destroyed, in addition
to the penalty imposed for violation of this chapter. .
E. Animals reQulations are class D violations.
10.68.210 Vehicles - Use restricted
A. No one shall ride or drive any bicycle, motorcycle, scooter. motor vehicle,
truck, wagon, horse, or any vehicle or animal in any part of the parks, except on
the regular drives designated therefore; provided, that baby carriages, iR'/alid
wheelchairs, and such vehicles as are used in the park service are not included
in the foregoing prohibition. No one shall ride or be upon any skateboard in any
part of Lithia Park.
B. No one shall drive any hearse, vehicle in a funeral procession, market wagon,
milk wagon, dirt cart, moving van, dray, truck, heavy-laden vehicle, or vehicles
carrying or ordinarily used in carrying merchandise goods, tools, material, or
rubbish, except such as are used in the park service, over any drive or boulevard
in any of the parks; provided, however, the park commission may in its discretion
grant permission in writing for vehicles to carry materials over the park drives or
boulevards to buildings abutting on parks, when no other road, street, or way is
accessible or passable.
C. Vehicles shall be driven with great caution and at a reasonable speed, having
regard for the traffic, the safety of the public, and use of the parks. The speed on
any of the public driveways in the parks of the City shall not exceed fifteen (15)
miles per hour.
D. No one shall hitch horses or other animals to any tree, shrub, fence, railing, or
other structure, except such as are provided for such purpose, or allow horses or
other animals to stand unhitched while the driver or attendant is beyond reach of
such horse or other animal.
E. Vehicles-Use restricted reQulations are class C violations.
10.68.220 Emergency vacation
In case of emergency, or in any case where life and property are endangered, all
persons, if requested to do so by the superintendent or other park employee,
shall depart from the portion of the grounds specified by such officer or
employee, and shall remain off the same until permission is given to return.
Page 10 of 17
Failure to obev an lawful order to evacuate due to an emerQencv is a class
A violation.
10.68.230 Sleeping prohibited
No persoR sRall sleep OR tRe seats or benGRes in any park at any time. No
person shall sleep or Gamp any place within the boundaries of any park,
including public roads, between the hours of nine (9:00) p.m. and eight (8:00)
a.m. SleepinQ prohibited is a class 0 violation.
10.68.240 Comfort stations
No male person other than a child with its mother, or a park employee in the
discharge of such employees regular duties, shall enter a public comfort station.
marked "women," or loiter about the entrance of such comfort stations. Comfort
stations is a class 0 violation.
10.68.250 "No admittance" or "reserved" sign-Compliance
No person shall enter any building, enclosure, or place within any of the parks
upon which the words "No Admittance" or "Reserved" shall be displayed or
posted by sign, placard, or otherwise, without the consent of the superintendent
or other officer of the parks. Violation of no admittance is a class A violation;
violation of reserved is a Class B violation.
10.68.260 Swings - Hammocks
No swings or hammocks shall be hung or swung in any of the parks, except on
the posts erected for the purpose. SwinQs-Hammocks is a class 0 violation.
10.68.270 Fires
No person shall build any fire at any place within the limits of any park except by
an employee of the park commission or in an area designated by the park
commission for picnic fires. Fires outside desiQnated areas is a class B
violation. When Fire Restrictions are in place violation is a Class A
violation.
10.68.280 Permit -Inspection
Any person claiming to have a permit from the park commission shall produce
and exhibit such permit upon request of any authorized person who may desire
to inspect the same. Permit-Inspection is a class 0 violation.
Page 11 of 17
10.68.290 Permit - Conditions
All permits issued by the park commission shall be subject to the city ordinances
and the persons to whom such permits are issued shall be bound by said rules,
regulations, and ordinances as fully as though the same were inserted in such
permits, and any person or persons to whom such permits shall be issued shall
be liable for any loss, damage, or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permits shall be
issued, as well as for any breach of such rules, regulations, and ordinances, to
the person or persons so suffering damages or injury. When not otherwise
specified in the Code. violation of permit-conditions is a Class B violation.
10.68.300 Barriers - Compliance
No person shall ride, drive, or walk on such parts or portions of the parks or
pavements as may be closed to public travel or interfere with barriers erected
against the public. Barriers-Compliance is a Class C violation.
10.68.310 Park officers - Obedience required
No person shall refuse a request to obey any reasonable direction of the park
officers or employees. Failure to complv is a Class C violation.
10.68.320 Park officers Interfer-eAse with prohibited
Nothing contained herein shall prevent the performance of any act or service by
the park officers or employees which has been duly authorized by the park
commission in charge.
10.68.330 CampinQ Sleeping prohibited
No person shall camp within the park limits within the city of Ashland, or
on the park side of any street adjacent to the parks. Prohibited Campina is
a Class C violation.
SECTION 17. Section 10.68.370 [Parking Limitations] is hereby amended to read as
follows:
10.68.370 Parking limitations
No person shall park or permit to remain parked any motor vehicle which
bears a motor home or camper license on any street within, or on the park-
side of any street adjacent to the parks of this city, between the hours of
2:00 A.M. and 6:00 A.M. It shall be rebuttal presumed that any vehicle
parked contrary to the provisions of this section was parked by the
registered owner thereof. ParkinQ a Camper is a Class C violation.
Page 12 of 17
SECTION 18. Section 10.68.380 [Curfew] is hereby amended to read as follows:
10.68.380 Curfew
Except for Police, Fire and Park Department employees on official business no
one shall be in Lithia Park between the hours of 11 :30 P.M. and 5:30 A.M.
Curfew is a Class 0 violation: Nothina in this provision prohibits citation
for trespass under state law.
SECTION 19. Section 10.72.010 [Theft-Stolen Property] through Section 10.72.020
[Petty Theft] are hereby amended to read as follows:
10.72 Theft
10.72.010 Stolen property
No person shall buy, receive, conceal, or attempt to buy property that is
known or should be known to such person to have been stolen.
10.72.020 Petty theft
No person shall take or carry away property of value not to exceed two
hundred dollars ($200.00) which is the property of another '.vith the intent to
deprive such other of such property permanently.
SECTION 20. Section 10.88.010. [Miscellaneous Offenses by or against Minors-
Minors generally] through Section 10.88.050 [Children Confined n Vehicles] are hereby
amended to read as follows:
10.118 Miscellaneous Offenses by or ^gainst Minors
10.118.010 Minors generally
It.. No person shall purchase property or an article of value from a minor or
have dealings respecting the title of property in the possession of a minor
.....ithout the written consent of the parent or guardian of the minor.
10.88.020 Tobacco sales to and consumption by minors
^. No person shall sell, barter, trade, give, or in any manner furnish to a
minor under the age of eighteen (18) years, f-or the consumption of such
minor, any tobacco, cigars, or cigarettes in any form, or any compound in
.....hich tobacco forms a component part.
8. No minor under the age of eighteen (18) year shall smoke, use, or have
in such minor's possession a cigar, cigarette, or tobacco in any form in a
Page 13 of 17
public place. No proprietor, clerk, assistant, or employee of a place of
business shall permit a minor under the age of eighteen (18) years to
freEjuent the place of business .....hile the minor is using or smoking a cigar,
cigarette, or tobacco in any form.
10.88.040 Minors misrepresenting age
No person shall falsely represent hisiher age in order to obtain cigars,
cigarettes, or tobacco.
10.88.050 Children confined in vehicles
A. A person having custody or control of a child under 10 years of age
commits an infraction if the person lea'/es the child unattended in any
vehicle .....here the circumstances indicate that the person knew or should
ha'le kno'Nn that there was a likelihood of danger to the health or welfare of
the child or others.
8. It shall be la.....ful for a police officer finding a child confined in '/iolation
of this section to enter the vehicle and remove the child using such force
as is reasonably necessary to affect an entrance to the vehicle. The Judge
in the trial of this offense shall have discretion to order the Police
Department to pay for the damages to the vehicle if the Judge believes that
such payment .....ould be fair, just and eEjuitable.
SECTION 21. Section 10.90.010. [Penalties] through Section 10.90.030 [Separate
Violations] are hereby amended to read as follows:
10.90 Penalties
10.90.030 Penalties
Any person '}iolating this section shall be guilty of a misdemeanor as set
forth in Section 1.08.010.
10.90.010 Penalties
Except as otherwise noted, any person violating this title is guilty of an
infraction and shall be subject to the penalties set forth in Section 1.08.020
10.90.020 'Norking prisoners
In any conviction for violation of this title or any ordinance of the city
where the penalty fixed by the court is confinement in the city jail for any
term, the court additionally may order that the convicted person, during the
term of confinement, labor upon the streets or public works of the city
under the direction of the proper authorities.
Page 14 of 17
10.90.030 Separ-ate '/iolations
Each violation of a provision of this title constitutes a separate offense.
be fair, just and equitable.
SECTION 22. Section 10.92.020. [Discharging Weapons] is hereby amended to read
as follows:
10.92.020 Discharging weapons
A. Within the City limits of the City of Ashland. no No-person other than an
authorized peace officer shall fire or discharge a firearm. crossbow. bow and
arrow. blowqun or other gun, including spring or air-actuated pellet guns, air
guns, or BB guns, or other weapons which propel a projectile by use of
gunpowder or other mechanism, explosive, jet, or rocket propulsion, without the
consent of the Chief of Police.
B. The provisions of this section shall not be construed to prohibit the firing or
discharging of a firearm or weapon by a:
1. Person in the lawful defense or protection of such person's
property, person. or family. as set forth in ORS 161.195:
2. Peace officer or member of the militarv discharQinq a firearm
or weapon while actinQ within the scope of his or her official duty:
3. Government employee discharqinQ a firearm or weapon when
authorized and required by his or her employment or public office to carry
or use firearms or weapons and while actinq within the scope of his or her
official duty:
4. Person conductinq an athletic contest who fires blank
ammunition in a pluqqed firearm toward the sky:
5. Person authorized by permit of the chief of police to
discharqe blank ammunition or a weapon for a lawful purpose (e.Q.
ceremony)~
6. Person lawfully enqaqinq in huntinQ in compliance with rules
and requlations adopted by the State Department of Fish and Wildlife:
7. Person discharqinq a firearm or weapon on a licensed public
or private shootinq ranae. shootinq qallerv or other approved area
desiqned or built for the purpose of tarqet shootinq, when such person is a
member or quest of said ranqe or area:
C. Discharqinq weapons is a Class A misdemeanor if the weapon
discharQed constitutes a firearm under Oreqon law. Discharclinq weapons
is a Class A yiolation if the weapon discharQed is not a firearm under
Oreqon law.
Page 15 of 17
SECTION 23. Section 10.100.010. [Social Gambling] is hereby amended to read as
follows:
10.100.010 Social gambling
Social gambling and social games as defined in ORS 167.117 are hereby
permitted in charitable, fraternal and religious organizations. Unpermitted social
QamblinQ is a Class B violation.
SECTION 24. Section 10.110.070. [Fair Housing - Penalties] is hereby amended to
read as follows:
10.110.070 Penalties
Any person violating or causing the violation of any provision of this ordinance
has committed an infraction a Class A violation, and, upon conviction thereof,
is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code.
Such person is guilty of a separate violation for each and every day the violation
continues.
SECTION 25. Section 10.115.080. [10,115 Tenant Rights in Conversion of Existing
Multi-Family Rental Units For-Purchase Housing - Penalties] is hereby amended to read
as follows:
10.115.080 Penalties
A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a
declarant, of a multi-family residential building to fail to strictly comply with, or
violate the notice, relocation assistance, right to purchase, or prohibited actions
provisions of this Chapter. For purposes of this chapter, the term declarant
includes the owner of the multi-family building, regardless of the form of
ownership, as well as declarant's authorized agents and contractors.
B. A violation of anv provision of this Chapter shall be a Class A violation.
The minimum fine for violation of any provision of this Chapter shall be $500.00
for each unit affected, excluding any required state and local assessments.
SECTION 26. Severability. If any section, provision, clause, sentence,' or
paragraph of this Ordinance or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other sections, provisions,
clauses or paragraphs of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to
be severable.
SECTION 27 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
Page 16 of 17
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
thi.s Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 28 Codification. Provisions of this Ordinance shall be incorporated in
the Ashland Municipal'Code and the word "ordinance" may be changed to "code",
"article", "section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and, cross references may be
corrected by the City Recorder, provided however that Sections 26 thru 28,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 17 of 17
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 11 Relating to Classification of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Be Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter II to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
May 4,2010.
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3) Class C:
$180; (4) Class D $90. The Chapter contains the following recommended classifications:
Chapter 11
Vehicles and Traffic
AMC Title Class
11.16.090 Boarding or alighting from vehicles B
11.16.110 Unlawful riding B
11.16.120 Clinging to Vehicles B
11.16.140 Skis on streets D
11.16.150 A- Damaging sidewalks and curbs A
C
11.16.170 Failure to remove glass and debris D
11.20.040 Private Marking A
11.28.20 Tire Markings D
11.28.20 Tire Markings D
11.32.040 Abandoned Vehicles Penalty B
11.40.010 Parade -permit required D
11.40.040 Driving through procession D
11.44.005 Use of sidewalks D
11.44.010 Illegal cancellation of a Traffic Citation A
11.44.020 Crossing at right angles D
11.44.030 Crosswalk - Use required D
11.52,030 A. Regulations: Riding D
11.52.030 B. Regulations: Racing D
11.52.030 C. Regulations: Method of riding D
11.52.030 D Regulations: Carrying articles D
11.52.030 F Regulations: Speed on bicycle routes D
Page I of2
r~'
CITY OF
ASHLAND
11.52.030 G Regulations: Riding abreast D
11.52.030 H Regulations: Hitching on vehicles B
11.52.030 I Regulations: Parking D
11.52.050 Responsibility of Parent or Guardian C
11.52.060 Failure to Report Accidents B
11.52.070 Bicycle License Required D
11.54 Skateboard Regulations D
11.60.040 Truck Rules D
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set Second Reading for May 4,2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading o/the ordinance and set second reading/or May 4,
2010.
Attachments:
Proposed ordinance
Page 2 of2
r.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC
CHAPTER 11, VEHICLES AND TRAFFIC, AND REMOVING UNNECESSARY
REGULATIONS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" .. ... .L. and additions are bold underlined. '
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
. enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and; in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to ,Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiqhters, Local 1660. Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.12.050 [Temporary blocking or closing of Streets] is hereby
amended to read as follows:
11.12.050 Temporary blocking or closing of streets.
A. Notwithstanding other provisions of this title, the GOURGiI may authorize aRd
direGt the City Administrator. or desianee. is deleaated authority bv Special
Order to temporarily block or close a City street to traffic and prohibit its use
when deemed necessary for any of the following reasons:
1. To prevent disturbing and interfering with parades, dances, races. or other
celebrations on the street when such temporary use has been reviewed and
approved bv the Public Works Director. Police Chief and Fire Marshal
authorized by the GOURGiI;
Page 1 of 13
2. To reduce traffic congestion or noise which disturbs a theatrical, sport,
religious, or other event where a substantial number of people have
congregated;
3. To assist in an emergency.
8, The street shall be blocked or closed by the use of signs, barricades, personal
directions of police officers, or other means which would inform the general public
that the street is closed or blocked.
SECTION 2. Sections 11.16.010 [Speed limits - Public parks] through 11.16.190
[Emergency Vehicle] are hereby amended to read as follows:
11.16.010 Speed limits Public parks
,No person sholl drive 0 'lOhicle upon 0 stroet in 0 public pork ot 0 speed
excoeding fifteen (15) miles per hour unIOE:!> !>igns erected indicate otholv"ise.
11.16.020 Driving under the influence Penalty
No person \\:hile being under the influence of intoxicating liquor,
barbiturates, or narcotic drugs shall dri'/e a \'ehicle upon a street or public
property. A person violating this section is, upon conviction thereof,
punishable as prescribed in Section 1.08.010.
11.16.030 Reckless driving
No person shall drive a vehicle upon a street or public property carelessly
and heedlessly in willful or .....anton disregard of the rights or safety of
others. It. person violating this section is, upon conviction thereof,
punishable as pr-escribed in Section 1.08.010.
11.16.040 U turns
A. No person operating a motor vehicle shall make a U turn benyeen street
intersections or at intersections where "No U Turn" signs ha'/e been
posted.
8. No person shall back a vehicle into an intersection or an alley for the
purpose of making a U turn at those places where U turns are prohibited.
11.16.050 Vehicles in motion Right of way
P. vehicle '",hich has stopped or parked at the curb shall yield to moving
traffic.
11.16.060 Limitations on backing
Page 2 of 13
The driver of a vehicle shall not back the vehicle unless the mo\'ement can
be made with reasonable safety amI without interfering with other traffic
amI shall in every case yield the right of way to moving traffic amI
pedestrians.
.'
11.16.070 Dri'Jing on divided streets
If a street has been divided into two (2) roadways by leaving an intervening
space or by a physical barrier or clearly indicated dividing section so
constructed as to impede vehicular traffic, a 'Jehicle shall be dri'Jen only
upon the right hand road'flay and no vehicle shall be dri':en over, across,
or within the dividing space, barrier, or section, except through an opening
in the physical barrier or dividing section or space provided fer vehicle
movement or at an intersection.
11.16.080 Emerging from vehicle
No person shall open the door of or enter or emerge from a vehicle in the
path of an approaching vehicle.
11.16.090 Boarding or alighting from vehicles
No person shall board or alight from a vehicle while the vehicle is in motion.
Boardinq or aliClhtinCl from vehicles is a Class B violation.
11.16.100 Riding on motorcycles
A person operating a motorcycle shall ride only upon the permanent and
regular seat attached thereto, and the operator shall not carry another
person nor shall another person ride on a motorcycle unless the
motorcycle is equipped to carry more than one person, in which event a
passenger may ride upon the permanent and regular seat if equipped fer
two (2) persons, or upon another seat firmly attached at th~ rear of the seat
fer the operator.
11.16.110 Unlawful riding
No person shall ride on a vehicle upon any portion thereof not designed or
intended for the use of passengers. This provision shall not apply to an employee
engaged in the necessary discharge of a duty, or to a person or persons riding
within truck bodies in space intended for merchandise. Unlawful ridinq is a
Class B violation.
11.16.120 Clinging to Vehicles
No person riding upon a bicycle, motorcycle, coaster, roller skates, sled, or toy
Page 3 of 13
vehicle shall attach the same or himself to a moving vehicle upon the streets.
ClinclinCl to vehicles is a Class B violation.
11.16.140 Skis on streets
No person shall use the streets for traveling on skis, toboggans, sleds or similar
devices except upon play streets, Skis on streets is a Class D violation.
11.16.150 Damaging sidewalks and curbs
A. The driver of a vehicle shall not drive upon or within a sidewalk or parkway
area except to cross at a permanent or temporary driveway.
B. No person shall place dirt, wood, or other material in the gutter or space next
to the curb of a street with the intention of using it as a driveway.
C. No person shall remove or damage a portion of a curb or move a heavy
vehicle or thing over or upon a curb or sidewalk without first notifying the City
Administrator. A person who violates this section shall be held responsible
for all damage in addition to any penalties imposed upon con\'iction.
D. DamaClinq sidewalks and curbs is a Class A violation. In addition to any
penalties imposed. the court shall order payment of restitution. ,
11.16.170 Remo'ling Failure to remove glass and debris
A party to a collision or other vehicular accident or any other person causing
broken glass or other debris to be upon a street shall immediately remove or
cause to be removed from the street all glass and other debris. Failure to
remove C1lass and debris is a Class D violation.
11.16.190 Emergency vehicle
The provisions of this title regulating the operation, parking, and standing
of vehicles shall apply to authorized emergency vehicles except as
pro,..ided by the motor vehicle laws of Oregon and as follows:
A. ,1l" driver when operating the vehicle in an emergency, except when
otherwise directed by 3 police officer or other authorized person, may park
or stand notwithstanding this title;
8. A driver of a police vehicle, fire department vehicle, or patrol vehicle
.....hen operating the vehicle in an emergency may disregard regulations
governing turning in specified directions as long as such action does not
endanger life or property;
Page 4 of 13
C. The foregoing exemptions shall not, howe'fer, proteGt the driver of the
vehiGle from the GonsequenGes of negligent aGts.
SECTION 3. Sections 11.20.010 [Signs and Signals - Obedience Required] through
11,20.040 [Private Marking Unlawful] are hereby amended to read as follows:
11.20 Signs and Signals
11.20.010 Signs and Signals ObedienGe Required
A. No driver of a vehiGle shall disobey the in$truGtions of a traftiG sign,
signal, marker, barrier, or parking meter pi aGed in aGGordanGe with the
motor vehiGle laws of Oregon or this Title, inGluding those ereGted by an
authorized publiG utility, department of the City, or other authorized person,
unless it is neGessary to avoid GonftiGt '.'lith other traftis or when othel'\'1ise
dirested by a poliGe oftiGer.
B. No unauthorized person shall move, remove, defase, tamper with, or
alter the position of a traftiG sign, signal, marker, barrier, or parking meter.
11.20.020 Vehisles Stopping at Stop Signs
'Nhen stop signs are ereGted at or near the entranGe to an interseGtion, the
driver of a 'fehiGle approaGhing the sign shall Gome to a full stop before
entering a Gross\\'alk or interseGtion, eXGept when direGted to proseed by a
polise oftiGer or traftiG sontrol signal.
11.20.030 Stop 'Nhen Tr-aftiG Obstrusted
No dri':er shall enter an interseGtion or a marked Grosswalk lII:Jless there is
suftisient spaGe en the opposite side of the interseGtion or srosswalk to
aGsommodate the vehisle without obstruGting the passage of other
'tehiGles or pedestrians, notwithstanding traffiG Gontrol signal indisation to
proGeed.
11.20.040 Private Marking Unlawful
No person shall letter, mark, or paint in any manner letters, marks, or signs on a
sidewalk, curb, street, or alley, or post on a parking strip anything designed or
intended to prohibit or restrict parking in front of a sidewalk, dwelling house,
business house, or in any alley, except in compliance with this Title. Street name
signs designating privately owned streets, alleys, or driveways, may only be
erected if authorized by the City Council. Location, graphics, color, materials, and
height shall be to City standards as approved by the Director of Public Works.
The Director of Public Works may allow painting of yellow curbs designating no
parking zones at private driveways to standards established by the Director of
Public Works. A permit must be obtained from the Department of Public Works
Page 5 of 13
prior to installation of said yellow curb. The property owner to whom the permit is
issued is responsible for maintaining the yellow curb in good and visible
condition. Private markina is a Class A violation.
11.24.0110 lights on parked 'Jehicle
No lights need be displayed upon a vehicle parked in accordance with this
chapter or parked upon a street \\'here there is sufficient light to re'.teaJ a
person or object upon the street within a distance of five hundred (500)
feet.
SECTION 4. Section 11.28.020 [Tire Markings] is hereby amended to read as follows:
11.28.020 Tire Markings
No person shall obliterate or conceal any marking by a police officer, code
compliance or parkina officer of the tire of a vehicle for the purpose of
preventing the police officer, code compliance or parkina officer from
determining the length of time that said vehicle has been parked. Tire markinas
is a Class D violation.
SECTION 5. Section 11.32.040 [Penalty] regarding 11.32 [Abandoned Vehicles] is
hereby amended to read as follows:
, 11.32.040 Penalty
Violation of this chapter is a Class B violation. punishable in accordance with
AMC 1.08.020.
SECTION 6. Section 11.40.010 [Parade- Permit required] is hereby amended to read
as follows:
11.40.010 Parade Permit permit required
No procession or parade, except a funeral procession or military parade, shall
occupy, march, or proceed along a street except in accordance with a permit
issued by the Chief of Police and approved by the City Administrator. The permit'
.may be granted where it is found that such parade is not to be held for any
unlawful purpose and will not in any manner tend to a breach of the peace,
unreasonably interfere with the peace and quiet of the inhabitants of the City, or
cause damage to or unreasonably interfere with the public use of the streets.
_ Parade permit required is a Class D violation.
Page 6 of 13
SECTION 7. Section 11.40.040 [Driving through procession] is hereby amended to
read as follows:
11.40.040 Driving through procession
No driver of a vehicle other than an authorized emergency vehicle shall drive
between the vehicles comprising a funeral or other authorized procession while
in motion except where traffic is controlled by traffic control signals or when
otherwise directed by a police officer. DrivinQ throuQh procession is a Class
D violation.
SECTION 8. Sections 11.44.010 [Use of sidewalks] through 11.44.030 [Warrant] are
hereby amended to read as follows:
11.44.005 OW Use of sidewalks
Pedestrians shall not use a roadway for travel when abutting sidewalks are
available for doing so. Use of sidewalks is a Class D violation.
11.44.010 Traffic CitatioR Illegal cancellation of a Traffic Citation
No person shall cancel or solicit the cancellation of a traffic citation without the
approval of the municipal judge. lIIeQal cancellation of a traffic citation is a
Class A violation.
11.44.020 Crossing at right angles
No pedestrian shall cross a street at any place other than by a route at right
angles to the curb or by the shortest route to the opposite curb except in a
marked crosswalk. CrossinQ at riQht anQles is a Class D violation.
11.44.020 CitatioR
For the violatioR of this title, except Chapters 11.28, 11.32 aRd 11.52, a
police officer may issue a citaticm which shall be iR the Rature of a notice to
appear at a time aRd place certaiR, as required by law. If a persoR fails to
comply with the terms of the citation, the Chief of Police may seRd to the
perSOR, or the Olf/Rer of the motor vehicle, a letter iRfermiRg the perSOR, or
the OWRer, of the violatioR with a .....amiRg that if the letter is disr-egarded for
a period of teR (10) days a warraRt of arr-est will be issued.
11,44.025 'NamiRgs aRd CitatioRs by Code ERfercemeRt Officer aRd
CommuRity Service Officer
1. The code eRfercemeRt officer or commuRity service officer may issue a
'J:amiRg Rolice fer aRY 'JiolatioR of this code which is pURishable as an
Page 7 of 13
infraction. '.~arning notices shall gi':e a brief description of the violation,
the name of the city department and employee to contact regarding the
\'iolation, the name of the person issuing the .....arning notice, the date
the v:arning ......as issued, and a statement that failure to correct the
alleged violation or to contact the named department may result in
issuance of a citation to the municipal court. The warning notice shall
be served upon the person accused of the \<iolation.
2. The code enforcement officer and community service Elfficer are
authElrized tEl enfarce, and tEl issue a citation for, any viEllatiEln Elf this
cElde which is punishable as an infraction. The citation and service Elf
the citation shall conform tEl the requirements of ORS 153.110 to
153.310.
11.44.030 Crosswalk --Use use required
I n blocks with marked crosswalks, no pedestrian shall cross a street other than
within a crosswalk. Crosswalk use reauired is a Class 0 violation.
11. H .030 'Narrant
If a persEln fails to comply with the terms of a traffic citation, the Chief of
Police shall farthwith secur-e and have served a warrant for the arrest of the
person.
SECTION 9. Sections 11.52.020 [Equipment] through 11.52.070 [Bicycle License
Required] are hereby amended to read as follows:
11.52.020 equipment
The fallo.....ing equipment is r-equired on all bicycles and it is unlawful to
operate a bicycle without its having such equipment:
1'.. Brakes. Brakes adequate to control the movement of and to stop and
hold such bicycle.
8. Lights. No bicycle shall be permitted on any bicycle route, lane, street,
or any other highway between thirty (30) minutes after sunset and thirty
(30) minutes before sunrise v.'ithout a clear, white light visible under normal
atmospheric conditions from the front for not less than five hundred (500)
feet, indicating the approach or presence of the bicycle, and also a r-ed light
or reflector mirror 'Jisible far three hundred (300) feet from the rear; said
lights, or reflectors, must be attached to the bicycle or, in the alternati'Je,
an arm light may be used '.vhich may be placed OR either the arm or leg of
the bicycle rider.
Page 8 of 13
C. 1.lldible Signaling De...iGe. A biGYGle rider Ilsing any sidewalk mllst make
, an alldible signal to warn pedestrians they are approaGhing from the rear,
and at a distanGe to allow the pedestrian to mO'/e to the right in order to
allow passage of the biGYGlist an the left of the pedestrian.
11.52.030 Regulations
A. Ridinq on sidewalks in the C-1-D Central Bllsiness District. No person
shall ride or operate a bicycle on a sidewalk in the Gentral bllsiness
district or commercial zone. Ridina on sidewalks in the C-1- D District
is a Class D violation.
B. Racinq. No person shall engage in, or cause others to engage in, a
bicycle race upon the streets or any other public property of this City
without permission of the City Administrator. Chief of PoliGe. Major
races involving closure or restructuring of city streets must be permitted
pursuant to AMC 11.12.050. pr-esented to the City COllnGiI throllgh
the Chief of PoliGe. Racina is a Class D violation.
C. Method of Ridinq. A person shall not ride a bicycle other than with their
feet on the pedals and facing the front of the bicycle. No bicycle shall carry
more persons at one time than the number for which it is equipped.
Method of ridina is a Class D violation.
D. Carrvinq Articles. No person operating a bicycle shall carry any
packages, bundles, or articles which prevent the rider from keeping at
least one (1) hand upon the handlebars and in full control of said bicycle.
Carrvina articles is a Class D violation.
E. Traffic Requlations. The use of a bicycle in the City shall be subject to
all of the provisions or laws of the State and the laws of the City, including
those applicable to the drivers of motor vehicles, except as to the latter,
those provisions that by their very nature have no application.
F. Speed on Bicvcle Routes. No bicycle shall be ridden on a bicycle route
at a speed greater than reasonable and prudent for the circumstances
when approaching a pedestrian. Speed on bicycle routes is a Class D
violation.
G. Ridinq Abreast. No person shall ride a bicycle upon any street,
highway, bicycle route or lane in the City abreast, or side-by-side of any
other person so riding or propelling a bicycle when it interferes or impedes
the normal and reasonable movement of traffic or pedestrians. Ridina
abreast is a Class D violation.
Page 9 of 13
H. Hitchinq on Vehicles. No person, while riding a bicycle shall in any way
attaches themselves or the bicycle to any other moving vehicle. HitchinQ
on vehicles is a Class B violation.
I. TakinQ or Usin!'! '!\'ithout Permission. No person shall take or use
any bicycle .....ithout the consent of the owner.
J. RidinQ '.!I.'hile Intoxicated. It is unlawful for any person to operate a
bicycle on any street, highway, bicycle lane or route of the City while
under the influence of any intoxicants.
K. Bicvcle Parkinq. No person shall park a bicycle upon a street, other
. than in the roadway and against the curb, or against a lamppost
designated for bicycle parking, or in a rack provided for the purpose of
supporting bicycles, or on the curb in a manner so as to afford the least
obstruction to pedestrian traffic. Bicvcle parkinq is a Class D violation.
J. Bicvcle Impoundment. In addition to anv other penaltv. the court
mav order impoundment of a bicvcle used in an offense committed
under this chapter until such time as mav appear iust and
reasonable.
11.52.040 Right of 'Nay
The oper.ator of a bicycle emerging from an alley, drive.....ay, bicycle lane or
route, building or otherwise approaching on a side.....alk, and upon entering
the roadway, shall yield the right of way to all '/ehicles or bicycles
approaching on such road'....ay that ar-e so close as to constitute an
immediate hazard.
11.52.050 Responsibility of Parent or Guardian
The parent or guardian of any child shall not authorize or knowingly permit any
child to violate any of the provisions of this Chapter. Violation of this section is
a class C violation.
11.52.060 Failure to Report Accidents
The operator of any bicycle involved in an accident resulting in injury, death, or
damage to personal property shall within seventy-two (72) hours file a written
report of such accident with the Police Department. Failure to report accidents
is a Class B violation.
11.52.070 Bicycle License Required
Page 10 of 13
No persons shall operate a bicycle upon the streets, lanes or routes of the City
unless such bicycle has been licensed as provided for in this Chapter. A non-
resident who has complied with the bicycle registration provisions of the city or
county in which they are a resident may operate a bicycle without having first
acquired an Ashland bicycle license. Bicvcle license reauired is a Class D
violation. In addition to anv other penaltv. the court mav order
impoundment of a bicvcle used in an offense until such time as mav appear
iust and reasonable.
SECTION 10. Section 11.52.110 [Penalties] regarding 11.52 [Bicycles] is hereby
amended to read as follows:
11.52.110 Penalties
A. Any person who 'Jiolates any of the provisions of this Chapter is, upon
con'/iction thereof, punishable as prescribed in Section 1.08.020.
8. Upon conviction, the court may, in addition to any other penalty,
order that the bicycle that ......as used at the time of the offense be
impounded until such time as may appear just and reasonable.
SECTION 11. Sections 11.54.040 [Penalties] through 11.54.050 [Enhanced Penalties
in Downtown Area] regarding 11.54 [Skateboards] are hereby amended to read as
follows:
11.54.040 Penalties
Upon the first conviction for a violation under this chapter. the person shall
be punished bv a fine of $25.00. Except as provided in section 11.54.0501...~
A, All subseauent violations of this chapter are Class D violations. In
addition to anv other penaltv. the court mav order impoundment of a
skateboard used in an offense until such time as mav appear iust and
reasonable.
./I.ny person who violates any of the provisions of this chapter is, upon
conviction, punishable as prescribed in Section 1.08.020.
8. Upon conviction, the court may, in addition to any other penalty, order
that the skateboard that was used at the time of the offense be impounded
until such time as may appear just and reasonable.
11.54.050 Enhanced Penalties in Downtown .'I,rea
^ny person who ':iolates any of the pro'/isions of this chapter in the
downtown area defined in section 11.52.020.8.1 is, upon conviction,
punishable as follo'....s:
Page 11 of 13
a. First offense. Upon the first conviction for a violation under this chapter,
the person shall be punished by a fine of $25.00 (to include all costs and
assessments). This fine shall not be suspended or deferred, but the court
may authorize community service in lieu of all or part of this fine.
b. Second offense. Every person who is convicted of a violation of this
chapter for a second time within a five year period shall be punished by a
fine not less than $50 nor more than $250. Fifty dollars of the fine shall not
be suspended or deferr.ed, but the court may authorize community service
iF! lieu of all or part of this fine. In addition, the court may order forfeiture of
a skateboard which 'Nas ridden in violation of this chapter, unless it is
pro':en to the court by a preponderance of the eyidence that the defendant
is not the owner of the skateboard and the owner did not or could not have
reasonably known that the skateboard would be ridden in violation of this
chapter.
c. Third or subsequent offense. E':ery person who violates this chapter a
third or more times within a fiveOyear period shall be punishable by a fine
of not less than $100.00 nor more than $500.00. One hundred dollars of the
fine shall not be suspended or deferr.ed, but the court may authorize
community service in lieu of all or part of the fine. Upon conviction of a
third or subsequent violation of this chapter within a fi':eOyear period, the
court may order forfeiture of a skateboard which was ridden in '/iolation of
this chapter, unless it is proven to the court by a preponder-ance of the
evidence that the defendant is not the owner of the skateboard and the
owner did not or could not have reasonably known that the skateboard
would be ridden in 'Jiolation of this chapter.
SECTION 12. Section 11.60.040 [Penalties] regarding 11.60 [Truck Routes] is hereby
amended to read as follows:
11.60.040 Penalties
Anv violation of this chapter is a Class D violation. Any person, firm or
corporation which ':iolates any pro':ision of this Chapter is guilty of an
infraction and shall be subject to the penalties set forth in Section 1.08.020.
SECTION 13. Severability. If any section, provision, clause, sentence, or paragraph
of this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 14 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
Page 12 of 13
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 15 Codification. Provisions of this Ordinance shall be incorporated in
the Ashland Municipal Code and the word "ordinance" may be changed to "code",
"article", "section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 13 thru 15,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
day of
,2010.
SIGNED and APPROVED this
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 13 of 13
CITY OF
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 13 Relatin~ to Classification of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: None Secondary Contact: Megan Thornton
Approval: Martha Be Estimated Time: 10 Minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 13 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
May 4,2010.
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3) Class C:
$180; (4) Class D $90. The Chapter contains the following recommended classifications:
Chapter 13
Streets and Sidewalks
AMC Title Class
13.02.040 Unpermitted use or occupancy of right of way Crime
CMisd
13.02.040 Violation of code requirement, franchise, permit, A
license, concession or term, condition, or
requirement thereof
13.03.110 Unpermitted use or occupancy of right of way Crime
CMisd
13:03.110 Violation of code requirement, franchise, permit, A
license, concession or term, condition, or
requirement thereof
13.04.090A. Construction, Repair Alteration Sidewalks Crime
without Permit -Penalties CMisd
13.04.0908. Construction, Repair and Clear Sidewalks A
Penalties other
13.12.130A. Street Evacuations without Permit- Penalties Crime
CMisd
13.12.130B Street Evacuations - Penalties - other A
13.13.017A,B Street Oiling without permit, unapproved oil- Crime
Penalties- CMisd
13.13.017C Street Oiling - Penalties-other A
Page I of2
r.l'
CITY OF
ASHLAND
13.l6.100A,B Street Trees -without permit, abuse Penalties- Crime
CMisd
13.16.100C Street Trees - Penalties -Other- A
In addition to classification, Chapter 13 is modified to address the following:
· Clarification that City maintains sidewalks adjacent to its property. [13.02.050] (also in Weed
Abatement Ordinance)
. Clarification that summary abatement is handled in accordance with new section 2.31, Uniform
Violation Abatement Ordinance [13.03.115]
. Clarification that Sidewalk repair and abatement is handled in accordance with AMC 2.31.
[13.04.060]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor May 4,
2010.
Attachments:
Proposed ordinance
Page 2 of2
~.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 13, STREETS AND SIDEWALKS
nnotated to show dolotiClAS and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition
thereto, shall possess all powers hereinafter specifically granted. All the authority
thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiohters, Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC 13.02.050 [Obligations of City] is hereby amended to read as
follows: '
13.02.050 Obligations of City
The exercise of jurisdiction and regulatory control over a public right-of-way by the
city is not official acceptance of the right-of-way for public access and does not
obligate the city to open or improve any part of the right-of-way. Upon
improvement of any public right-of-way to city street standards, the city shall
accept by resolution the improvement and maintain and repair such improvement
to the standard to which it has been improved. For purposes of weed abatement
and similar nuisance-type ordinances imposing obligations upon property
owners, (e.Q. snow removal. weeds and noxious veaetation. sidewalk
maintenance) the city shall be responsible for compliance with such ordinances in
Page 1 of7
public rights-of-way adiacent to or abuttinCl city-owned or controlled real
property.
SECTION 2. Section 13.03.115 [Summary Abatement] is hereby amended to read as
follows:
13.03.115 Summary Abatement
If the condition of any item in the City right of way, including any street or
sidewalk is such that it creates a risk of serious injury to the persons or property,
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 2.31 -t.08 and to charge against the responsible
owner/operator the full costs of such abatement.
SECTION 3. Section 13.04.010 [Definitions] is hereby amended to read as follows:
13.04.010 Definitions
Duty to repair ami clear sidewalks.
SECTION 4. Sections 13.04.030 [Standards and Specifications] through 13.04.050
[Supervision] are hereby amended to read as follows:
13.04.030 Standards and Specifications
A. Sidewalks shall be constructed of Portland cement concrete; shall be not less
than five (5) feet in width, and shall be located one (1) foot from the property line
extending toward the curb, unless otherwise approved by the City Council.
B. The City Administrator or desiClnee shall establish supplemental standards
and specifications for sidewalk construction, repair, or alteration to provide
durable and practical sidewalks at a suitable grade determined by the City
Administrator to be in accordance with the system of the City street grades.
C. The City Administrator or desiClnee shall report to the City Council changes in
sidewalk standards and specifications and shall keep a copy on file in the City
offices for the use of the public.
D. Sidewalks shall be constructed, repaired, or altered in accordance with the
standards and specifications established under this section
13.04.040 Permits
A. No person shall construct, repair, or alter a sidewalk without first obtaining a
permit from the City.
Page 2 of 7
B. An application for a permit shall be filed with the City Administrator or
desianee on a form provided by the City, together with such other information as
may be required by the City. After determining that the proposed sidewalk
construction, repair, or alteration conforms to the applicable standards and
specifications, the City Administrator or desianee shall issue a permit to the
applicant. If the City is requiring the repair of the sidewalk, the permit shall state
the date within which the work shall be completed.
13.04.050 Supervision
The City Administrator or desianee may inspect any materials or construction
details as may, in the Administrator's judgment, be required to insure compliance
with the permit and with the applicable standards and specifications.
SECTION 5. Sections 13.04.060 [Required Sidewalk Repairs] through 13.04.080
[Assessment] are hereby amended to read as follows:
13.04.060 Required sidewalk repairs
A. If a sidewalk is not beina maintained in accordance with this Code, the
Citv Public Works Director or anv Code Compliance Officer mav issue a
Notice and Order directina the responsible person or entitv to obtain a
permit and abate the violation within a specified number of davs. not to
exceed thirtv (30 ) davs in the case of sidewalk repair. The Uniform
Abatement Process set forth in Chapter AMC 2.31. includina lien provisions
thereof. shall applv to all violations identified in this Chapter and mav be
used to abate all such violations lJ!hen the City Council determines that a
sidewalk needs repair, it shall, by resolution, direct the City !\.dministrator
to issue a notice.
B. The nstice shall require the owner of the property adjacent ts the
defective sidewalk ts obtain a permit and to complete repair sf the side'Nalk
within thirty (30) days or such period of time as determined by the City
Council. The nstice shall alss state that if the repair is not made by the
owner, the City may repair the sidewalk and the cost of the repair will be
assessed against the prsperty adjacent ts the sidewalk.
C. The City J'.dministrator shall cause a certified copy sf the notice to be
served personally upsn the owner sf the preperty adjacent to the defecti':e
sidewalk or the notice may be sen.-ed by registered or certified mail, return
receipt requested. If after diligent search the owner is not discovered, the
City Administrator shall cause a certified copy of the notice to be posted in
a conspicuous place on the property and such posting of notice shall ha\'e
the same effect as sen.'ice of notice by registered or certified mail or by
perssnal service upsn the swner of the property.
Page 3 of 7
D. The person serving the notiGe shall file with the City ReGorder an
affidavit stating the time, plaGe, and manner of ser\'iGe of notiGe. (Ord. 1515
S6, 1967)
13.04.070 City may make repairs
If repair of the sidewalk is not completed within thirty (30) days after the service
of notice to repair, the City Administrator, or designee shall order the repair or
completion of the repair of the sidewalk done by the City. Said repair and
assessment shall be Qoverned by the Uniform Violation Abatement
Ordinance, AMC 2.31. Upon Gompletion of the sidewalk repair, the City
Administrator shall submit a report to the City Council whiGh report shall
contain an itemized statement of the Gost of the repair and the
proportionate share of the Gost on eaGh lot or parGel of land adjaGent to the
side'....alk upon 'lJhiGh the repair has been made.
13.04.080 Assessment Repairs by City
Upon receipt of the r-eport, the City CounGiI shall, by ordinanGe, assess the
cost of r-epairing the sidewalk against the property adjaGent to the repair-ed
sidev:alk. The assessments shall be GolleGted in the same manner as is
provided for the collection of other improvement assessments. If a
sidewalk r-epair assessment is not paid within ten (10) days after notiGe of
SUGh assessment is given, ten perGent (10%) of the amount of the
assessment shall be added to the assessment as a penalty
SECTION 6. Section 13.04.09 [Penalties] is hereby amended to read as follows:
13.04.090 Penalties
A. Knowinaly alterinQ a sidewalk, (includinQ construction. reconstruction,
repair or other alteration) without a permit issued by the City in accordance
with this Chapter shall be considered a Class C misdemeanor offense.
subiect to the limitations of AMC 1.08.
B. Anv violation of the requirements of this chapter. not addressed in A
above. includinQ violation of the terms and conditions of a permit or failure
to maintain a sidewalk, shall be a Class A violation as defined by AMC 1.08
and punishable as set forth in that section.
Any person .....ho violates any of the provisions of this Ghapter is guilty of
, an infraction shall be subjeGt to the penalties set forth in SeGtion 1.08.020.
SECTION 7. Section 13.12.130 [Street Excavations - Penalties] is hereby amended to
read as follows:
Page 4 of 7
13.12.130 Penalties
A. Knowinalv excavatina. cuttina. breakina. diaaina UP. or damaaina in any
manner. includina underminina or tunnelinq under a public street or allev
without a permit issued bv the City in accordance with this Chapter shall be
considered a Class C misdemeanor offense. subiect to the limitations of
AMC 1.08.
B. Anv violation of the reauirements of this chapter, not addressed in A
above, includina violation of the terms and conditions of a permit.
includina failure to restore the work site. shall be a Class A violation as
defined bv AMC 1.08 and punishable as set forth in that section.
.I't.ny person violating any provision of this chapter is guilty of an infraction
and shall be subject to the penalties set forth in Section 1.08.020.
SECTION 8. Section 13.13.017 [Street Oiling - Violation-Penalty] is hereby amended to
read as follows:
13.13.017 Violation - Penalty
A. Knowinqlv applvina oil to a street or allev without a permit issued bv the
City in accordance with this Chapter shall be considered a Class C
misdemeanor offense. subject to the limitations of AMC 1.08.
B. Knowinalv applvinq an unapproved or contaminated oil to a street or
allev shall be considered a Class C misdemeanor offense. subiect to the
limitations of AMC 1.08.
C. Anv violation of the reauirements of this chapter. not addressed in A and
B above. includina violation of the terms and conditions of a permit. shall
be a Class A violation as defined bv AMC 1.08 and punishable as set forth
in that section.
(,
Any person, firm or corporation violating any of the provisions of this
Chapter, or failing to comply '.'dth them, is, upon conviction thereof,
punishable as pr-escribed in Section 1.08.020 af the Ashland Municipal
Cade relating to infractions.
SECTION 9. Section 13.16.100 [Street Tree - Violation-Penalty] is hereby amended to
read as follows:
13.16.100 Violation - Penalty
Page 5 of 7
",AY persoA who ':iolates aAY of the provisioAs of this Ghapter is guilty of
aA iAfraGtioA aAd shall be subjeGt to the peAalties set forth iA SeGtion
1,08.020.
A. KnowinQly removinQ a tree without a permit issued by the City in
accordance with this Chapter shall be considered a Class C misdemeanor
offense, subiect to the limitations of AMC 1.08.
B. KnowinQly abusinq. destroyinQ, mutilatinQ, electritvinQ. poisoninq or
contaminatinq any tree, shrub or plant in a public plantinq strip or on any
other public property shall be considered a Class C misdemeanor offense.
subiect to the limitations of AMC 1.08.
C. Any violation of the requirements of this chapter. not addressed in A and
B above, includinQ violation of the terms and conditions of a permit. shall
be a Class B violation as defined by AMC 1.08 and punishable as set forth
in that section.
SECTION 10. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 11. Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 12. Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 10 thru 12,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
Page 6 of 7
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 , 2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 7 of 7
CITY OF
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 14 Relatin~ to Classification of Offenses
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder Secondary Contact: Megan Thornton
Approval: Martha Benn Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 14 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
May 4,2010
Background:
The Classes and maximum penalties are follows: (I) Class A: $720; (2) Class B: $360; (3) Class C:
$180; (4) Class D $90. The Chapter contains the follo.wing recommended classifications:
Chapter 14
Public Utilities
AMC Title Class
14.04.060.E. Water Rates and Regulation - A
Connection outside City Limits
14.05.120 Water Regulation/ Cross Connection A
- Penalties
14.06.090 Water Curtailment - Penalties B
14.08.050 Sewer System - Failure to Connect - A
Penalties
14.09.01O.E. Sewer System Regulations- C
Phosphate Ban
14.12.095 Electric System Regulations - A
Penalties
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for May 4,2010.
(2) Postpone First Reading to a date certain.
Page I of2
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CITY OF
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor May 4,
2010.
Attachments:
Proposed ordinance
Page 2 of2
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ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING
AMC CHAPTER 14, PUBLIC UTILITIES, AND REMOVING UNNECESSARY
REGULATIONS
Annotated to show doletions and additions to the code sections being modified.
Deletions are bold" .. ... .. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition
thereto, shall possess all powers hereinafter specifically granted. All the authority
thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of FirefiQhters. Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for
City ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class B,
unless otherwise specified; this Chapter is being amended to specify classifications
where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 14.04.010 [Water System - Rates and Regulations - Regulations
adopted] through 14.04.020 [Penalty for Violation] is hereby amended to read as follow:
14.04.010 Regulations adopted
The "regulations go\'eming water service" marked Exhibit "N' and on file in
the offise of the City Recorder are incorporated into this chapter as though
fully set forth herein and they are the rules and regulations gO'/eming the
use and sale of .....ater within and without the City from the municipal water
) system.
14.04.020 Penalty for \'iolation
Page 1 of 5
Every person who willfully violates any of the provisions of Section
14.01.010 is, upon conviction, punishable as prescribed in Section 1.08.010.
SECTION 2. A new Section 14.04.060 [Water System Rates and Regulations - Service
Outside City Limits] is hereby added to codify existing Resolution 97-027, as follows:
14.04.060 Water Connections Outside City the Limits
A. No premises located outside the City of Ashland may be connected to
the city water system except as provided herein.
B. Premises outside the city may be connected to the city water system
only as follows:
1. Connections authorized by the council prior to June 18, 1997.
2. Connections authorized by the council for city or other
Qovernmental facilities.
3. Connections authorized by resolution of the council where the
council finds:
i. The connection is determined to be in the best interest of the
City of Ashland and to not be detrimental to the City's water
facilities or resources.
ii. The applicant secures, in writinQ, a statement from the
Environmental Health Division. Health Department. Jackson
County. OreQon, that the existinQ water system for the
premises has failed.
iii. The failed water system cannot feasibly be repaired or
improved and there is no other feasible source of water for the
premises.
iv. An Ashland water main or line exists within 100 feet of the
premises.
v. The connection is to premises within the city's urban Qrowth
boundarv.
C. Connections authorized under section B.3. above shall be made only
upon the followinQ conditions:
1. The applicant for water service pays the water connection fee for
connections outside the city and the systems development charQes
established by the City.
2. In the event dwellinQs or buildinQs connected to the water system
are subsequently replaced for any reason. then the replacement
buildinQ or dwellinQ may continue to be connected to the water
Page 2 of 5
system of the City as 10nQ as the use of the water system will not be
increased as determined by the Director of Public Works,
3. The applicant furnish to the City a consent to the annexation of the
premises and a deed restriction preyentinQ the partitioninQ or
subdivision of the land prior to annexation to the City. siQned by the
owners of record and notarized so that it may be recorded by the
City and bindinQ on future owners of the premises. The cost of
recordinQ the deed restriction shall be paid by the property owner.
4. The property owner shall execute a contract with the City of
Ashland which provides for: payment of all charQes connected with
the provision of water service to the property: compliance with all
ordinances of the city related to water service and use; termination
of service for failure to comply with such ordinances and that failure
to pay for charQes when due shall automatically become a lien upon
the property. A memorandum of the contract shall be recorded in the
county deed records with the cost of recordinQ to be paid by the
property owner.
D. The requirements of this Section are in addition to, and not in lieu of,
land use approvals and authorizations necessarv for extra-territorial
extension of water service required by OreQon law.
E. A violation of any provision of this chapter shall be punishable as a
Class A Violation as set forth in AMC 1.08.
SECTION 3. Section 14.05.120 [Water Regulation and Cross Connection - Penalties] is
hereby amended to read as follow:
14.05.120 Penalties
A violation of this seetion any provision of this chapter shall be punishable as
a Class A Violation as set forth in AMC 1.08. ~y a minimum fine of $500
upon eon'/ietion.
SECTION 4. Section 14.06.090 [Water Curtailment - Penalties and Enforcement] is
hereby amended to read as follows:
14.06.090 Penalties and enforcement.
The penalties for violations of this chapter shall be cumulative in that they may be
in addition to. not in lieu of, other penalties, remedies or surcharges established
by this chapter.
A. A person shall not violate or procure aid or abet in the violation of any
provision of this chapter. A violation of any provision of this chapter is !
Page 3 of 5
Class B violation an infraGtion and shall be punished as set forth in
section 1.08.020 of the Municipal Code.
B. If a customer exceeds the maximum volume for more than one billing
period, the City may install a flow restricting device at the service meter
which reduces water flow and pressure. For services up to one and one-
half inch size the City may install a flow restricting device of two gallon-
per-minute capacity, and for larger services, comparatively sized
restricting devices for larger services, for a period of seven days. Before
normal service will be restored, a flow restrictor installation and removal
charge of $100 shall be paid by the person who subscribes for the water
service.
C. Service may be terminated to any customer who knowingly and willfully
violates any provision of this chapter.
SECTION 5. Section 14.08.050 [Sewer System - Rates - Penalties] is hereby amended
to read as follow:
14.08.050 Penalties
Any person violating provisions of this chapter, includinQ failure to connect to
an available sewer system. is guilty of an infr-aGtion Class A violation if
convicted and shall be subject to the penalties as set forth in Section 1.08.020.
SECTION 6. Section 14.09.010.E [Sewer System - Regulations - Phosphate Ban] is
hereby amended to read as follow:
E. Penalty. Any person, firm, or Gorporation violating any of the provis"ions of
this chapter is, upon conviction. there of, punishable as desGribed in SeGtion
1.08.020. Quilty of a Class C violation and shall be subiect to the penalties
as set forth in Section 1.08.020.
SECTION 7. Section 14.12.090.A. [Electric System - Regulations - General
Provisions] is hereby added to read as follow:
14.12.090 General Provisions
A. No one, but duly authorized employees of the City, is allowed to run any
service wires on City poles or make any connection with City wires on City poles
or underground or make any connection with City wires on service side of meter
and all unauthorized persons are warned that they are liable for such
connections under Section 164.365 [Felony. Criminal Mischief] SeGtion
164.620, Oregon Revised Statutes.
SECTION 8. Section 14.12.095 [Electric System - Regulations - Penalties] is hereby
added to read as follow:
Page 4 of 5
14.12.095 Penalties
Anv person violatinQ provisions of this chapter is Quiltv of a Class A
violation if convicted and shall be subiect to the penalties as set forth in
Section 1.08.020.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 9 thru 11,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
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 , 2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of 5
CITY OF
ASHLAND
Council Communication
Ordinance & Resolution: Fees and Char~es for Municipal Court Administration
Meeting Date: April 20, 2010 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us
Secondary Dept.: City Attorney's Ice Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 20 minutes
Question:
,Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and move the ordinance on to
Second Reading?
Staff Recommendation:
Staff recommends the Council receive public comment on the proposed ordinance and draft fee
resolution consistent with ORS 294.160. Staff requests direction on the -5- Ouestions contained
below. Staff further recommends Council approve First Reading of the ordinance and move the
Ordinance to Second Reading on May 4,2010.
Background:
The attached Resolution entitled "A Resolution Establishing Fees and Charges for the Administration
of the Ashland Municipal Court." will be placed on the Council's Agenda for May 4, 2010 for
approval with a delayed effective date to correspond with the effective date of the Ordinance-
proposed to be July I, 2010. On May 4,2010 the Council may again take public input on the
Resolution. If there are changes to the Resolution, it can be delayed again but the Resolution must be
adopted prior to the effective date of the ordinance
This Agenda item [including ordinance, resolution and instruction document] is substantially
unchanged from what was presented in June 2009. However, because the Oregon Legislature adopted
several temporary surcharges which function as local assessments, some fees and charges are delayed
or adjusted to acknowledge the operation of the surcharge. The surcharges became effective October
2009 and remain in place until June 30, 2011.
Effective October 1,2009, HB 2287 [sections 2,10,21,26, and 27) imposes fees [i.e. surcharges) on
violation and misdemeanor convictions, bench probation and violations thereof diversions, and
expunction. Unlike most state surcharges in the past, for Municipal Courts the surcharges collected
are delivered to the City general fund, not the State treasury. The surcharges expire July 1, 2011.
[See HB 2287AttachmentJ.
Surcharges imposed by state law are incorporated into the bail schedule (they will be reflected in the
amount written by the officer on the face of the ticket). The surcharges shall be imposed by the Court.
There is an exception only when no fine is imposed.
Page I 0[6
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CITY OF
ASHLAND
Summary of2009 State of Oregon surcharges'
. $45 Violation [Section 1 (I)(c)]
. $35 Misdemeanor [Section 2(I)(b)]
. $100 Bench Probation [Section 21 (7)]
. $25 Violation of Bench Probation [Section 21 (II)]
. $100 Diversion petition (including DUll and Marijuana) [Section 26]
. $250 File an expunction application [Section 27]
Discussion:
. $45 Violation Surchal'fle {Section 2 (l)(c)J
. $35 Misdemeanor Surcharf!e {Section 2(1 )(b)/
The previously proposed Ordinance and Resolution for fees and charges for Municipal Court
Administration would have imposed (and added to the bail schedule) a $40 local assessment fee for
misde11}eanor crimes and $20 local assessment fee for violations. On the resolution the local
assessment consisted of two fees, numbered as fees 09 and 10:
09
10
Court Costs Crime
Court Security & Training Fee Crime
- $25.00
- $15.00
Violation- $15.00
Violation- $5.00
Local Assessment Totals
added to bail schedule
Crime
$40.00
Violation- $20.00
However, the State of Oregon imposed a higher fee (surcharge) for violations [$45 rather than $20]
and a lower fee for misdemeanors [$35 rather than $40).
Option: The Council could elect to change the local assessments in the draft Resolutionfrom the
figures above to be more consistent with the state surcharge currently in effect. This way, when (and
ij), the surcharge goes away the local assessment will be exactly the same. To do this the Council
would simply pass a motion to revise fees 09 and 10 to be consistent with the surcharge. Then, line 09
and lOon the resolution would read as follows:
09
10
Court Costs n4 n5 Crime
Court Security & Training Fee n4 n5 Crime
- $25.00
$10.00
Violation - $35.00
Violation - $10.00
Optional Local Assessment Totals
Consistent with Surcharge
$35.00
$45.00.
QUESTION 1. Should fees 09 and lObe increased for violations and decreased for crimes to match
the surcharge currently in effect until June 30, 2011 or should they remain as previously proposed?
Page 2 of6
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CITY OF
ASHLAND
Staff recommends the Council adopt fees 09 and 10 as previously proposed. NO change has been made
in the draft Resolution. [However Council has the option to make the fee consistent with current
surcharge and can direct staff to do so by motion) Staff has added a note to the Resolution to delay
the effectiveness of these fees during the operation of the surcharge.
. $100 Bench Probation Surcharfle [Section 21 (7)[
We did not have any fee proposedfor bench probation (State surcharge is $100.00).
A new fee would look as follows:
37
Bench Probation Fee n4 n5
Crime
- $100.00
Violation - N/A
QUESTION 2. Should fee 37 Bench probation be added, to go into effect after the surcharge
expires?
On the Resolution this new fee is numbered 37. This fee has been added to the proposed resolution.
Staff recommends the City add a fee for bench probation. Staff has added a note to the Resolution to
delay the effectiveness of these fees during the operation of the surcharge.
. $25 Violation of Bench Probation Surcharfle [Section 21 (11)1
We do have thefunctional equivalent of the $25.00feefor probation violation. It is number 34 on the
Resolution Show Cause:
34
Show Cause Admission of Allegation n4n5
Crime
- $25.00
Violation -$10. 00
QUESTION 3. Should fee 34 Show Cause - Probation Violation remain unchanged for crimes, to
go into effect after the surcharge expires?
Staff recommends leaving the Show Cause- Probation Violation fee (jor crimes) of $2'5.00 the same.
Staff has added a note to the resolution to delay the effectiveness of this fee during the operation of the
surcharge.
. $100 Diversion petition surcharfle (inc/udinfl DUll and Mariiuana) [Section 261
The $100 surcharge for diversion is added to the state fees already established for DUll and
Marijuana diversion - we had not proposed any additional fees for these state diversion programs.
QUESTION 4. Should a $100 fee be added to DUll and Marijuana diversion programs?
Staff recommends not adding any additional fee or charge in response to the surcharge. Drug and
alcohol treatment is the priority in such matters and additional fees are just an impediment to
treatment. The City has a fund for.donations to loan to persons ordered to do drug and alcohol
treatment as a condition of probation. A new fee would be counter-productive.
Page 3 of6
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CITY OF
ASHLAND
. $250 File an expunction application surc/larf!e [Section 271
We had only proposed a local fee of$25 for expunction and the State set the charge at $250.00
Expunction does involve considerable staff time and the fee increase is justified.
19
Expunction
Crime
~ $25.00
Violation -N/A
QUESTION 5. Should the fee for Expunction (sealing a record or arrest or conviction) be
increased to be consistent with the state surcharge?
Staff recommends setting the expunction fee consistent with the surcharge at $250.00. This fee has
been revised on the proposed resolution. Staff has added a note to the resolution to delay the
effectiveness of this fee during the operation of the surcharge.
Material below the double line is essentially unchanged from June 2009 except for italics.
The Ashland Municipal Court currently imposes several types of fees and charges for Court actions
and services. [See 5-28 2008 email from Vicki Christensen]. In addition, court appointed counsel fees
are currently set by the Court at $250,00 per case up to five hours, then $50.00 per hour; $400,00 for a
bench trial and $600.00 for a jury trial. . Finally, during last year's [i.e. 2008J Ashland Budget
Committee meeting, the Municipal Court Judge indicated a need to establish a local court fee to set up
a payment plan (commonly known as an Installment Fee).
In general, absent state law, (i.e. statute imposing a specific fee or granting specific authority to impose
a fee), all Court fees, like all municipal court operations, are subject to City ordinances, [Ashland City
Charter: Article 15, Section 1 & Section 5]. The City Council may establish by Ordinance or
Resolution such fees and charges as the Council deems appropriate. However, ORS 294.160(1)
requires the City provide for an opportunity for interested persons to comment on the enactment of any
ordinance or resolution prescribing a new fee or increasing a fee. The attached ordinance and
resolution comprehensively address all local fees and charges for Administration of the Ashland
Municipal Court. [Please review the Classification of Offenses Council Communication and power-
point presentation for explanation of how local assessment (fees) fit in with other required state and
county assessments.]
The proposed Ordinance, together with the Implementing Resolution, set forth the actions or events
triggering the imposition of a local fee or charge, "Notes" in the Resolution reference the allowance in
the Ordinance for waiver or reduction of fees within the discretion of the Court. A separate document
entitled "Instructions" explains the application of the fees and charges. A comparison matrix was
prepared by Assistant City Attorney Megan Thornton to show examples of fees and charges by other
Courts. Additional ordinance provisions' concerning classification of offenses and minimum fines
Page 4 of6
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CITY OF
ASHLAND
[that were included in a 2008 draft of this ordinance] are presented in a separate companion ordinance
amending AMC Chapter 1.08.
While the Judge did not request this ordinance and resolution, the Installment Fee is included in the
proposed Resolution. [See No. (24)]. Several of the existing Court fees [see 5-28-08 email] are
incorporated into the Resolution to allow for public input on the fees and to clarify their application,
Some fees are simply discontinued. Several new fees are added. The Resolution also compiles in one
place other commonly used fees and charges which are required or specified in state law. [See for
example: (5 - Collection Fee), (14- Marijuana Diversion Fee),(16- Drivers License Suspension
Fee),(l8 - Driving Record Fee),(25-Interest on Criminal Judgments),(33-Per Diem Jail
Reimbursement), and (35-Subpoena Fee).]
As noted, some of the fees listed (e.g. those just above) reflect state law and are merely compiled for
convenience. As regards other fees, the City Council should carefully review the proposed Resolution,
examine the applicable Notes and Instructions and then consider and discuss whether the specified fees
and charges are desirable from a policy perspective, ,Reading the Notes and Instructions (and
referenced Ordinance provisions) is absolutely necessary to inform the discussion.
For example Fee 26 is a $100 fee for a Jury Trial. This fee, per Note 1 is not imposed if the defendant
is found not guiltv of the charged offense or a lesser included offense. The fee is imposed when the
defendant is fOWld guilty, Note 4 grants to the Court the discretion to waive or reduce the fee based on
AMC 4.35.030C - which Ordinance provision calls for a written finding based on evidence, that the
defendant is indigent, cannot pay on an installment basis, and further that no fine or state or county
assessments have been imposed. [These are standards for waiver or reduction of state assessments].
The Instructions clarify that the Council could in fact require a deposit for a jury trial up to $60.00
pursuant to ORS 221.354(3); however no deposit is being required here, the fee is imposed only if the
defendant is found guilty or settles the case within 18 hours of the trial date. (This is because jurors
are compensated at $10.00 each even if the matter settles the day of trial). The Council can consider
the policy decision to not require a deposit - staff made this choice, Council can override it. Council
can also consider whether the allowance for waiver or reduction is appropriate in the circumstances
described, staff made the choice that waiver or reduction is appropriate, Council can override it.
Finally, despite the policy choices made by staff, Council could decide that as a policy matter, that the
exercise of the right to jury trial is more important than any cost recovery, [even if expressly
authorized by statute], and that no fee should be charged so as not to cloud the right with the threat of a
fee. Some jurisdictions (e.g. St. Helens - see matrix) have made this policy choice.
Related City Policies:
City C;harter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve First Reading and continue the matter to May 4,2010 for Second Reading.
(The Resolution will be on the Agendafor May 4.2010 and is not currently requested to be approved)
(3) Move to postpone approval of the First Reading of the Ordinance until May 4,2010
Page 5 0[6
r.l'
CITY OF
ASHLAND
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only]
Council: Motion to approve First Reading and set Second Readingfor May 4,2010
Attachments:
Ordinance, Fee Resolution wlnotes and Instructions,
Page 60f6
r.t.'
ORDINANCE NO.
AN ORDINANCE ESTABLISHING FEES AND CHARGES
FOR MUNICIPAL COURT ADMINISTRATION
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" .. .L and additions are bold underlined.
WHEREAS, Article 2, Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter'specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted, All the authority thereof shall have perpetual succession,
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiahters, Local 1660. Beaverton Shop. 20 Or.
App, 293, 531 P 2d 730, 734 (1975); and
WHEREAS, Article 9, Section 1 of the City Charter also expressly provides for the
recovery of the "costs of prosecution"; and
WHEREAS, Article 15, Section 1 of the Charter for the City of Ashland authorizes the
City Council to adopt ordinances governing the operations and conduct of the Municipal
Court; and
WHEREAS, the City of Ashland Municipal Court incurs administrative costs in
processing various criminal actions as defined in ORS 131,005, including both
violations and misdemeanor offenses; and
WHEREAS, those who commit criminal actions, including violations and misdemeanor
offenses should pay at least a portion of administrative costs incurred.
WHEREAS, in accordance with ORS 294.160(1), on April 20, 2010 and May 4, 2010
the City Council of the City of Ashland provided an opportunity for public comment on
this proposed ordinance and on the proposed resolution for Municipal Court
Administration Fees; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated
herein by this reference. .
SECTION 2: Short Title: This ordinance shall be known as the "Municipal Court
Municipal Court Administration Fees and Charges
Page 1 of6
Administration Fees and Charges".
SECTION 3. New Section: The following new Section 4,35, together with subsections
thereof, is hereby added to the Ashland Municipal Code:
4.35 Municipal Court Administration Fees and Charaes
4.35.005 Establishment of Fees for Administration of Municipal Court.
The Ashland Citv Council is herebv authorized to establish bv resolution of the
Council. atter compliance with ORS 294.160(1), fees and charaes to be imposed in
criminal actions concernina administration of the Ashland Municipal Court.
Consistent with ORS 131.005, "criminal action" for purposes of this ordinance
includes anv non-criminal violation as well as anv criminal misdemeanor offense
within the iurisdiction of the Court. The implementinQ resolution includes
specific tvpes of fees and charaes. dollar amounts. notes and instructions that
mav be modified bv future resolutions of the Citv Council without amendina this
chapter.
4.35.010 Imposition of Fees and Charaes bv the Municipal Court.
The Ashland Municipal Court and Violations Bureau shall impose in every
criminal action. the applicable Municipal Court administration feels) or charae(s)
as described in this chapter and set forth in the resolution. unless a waiver or
reduction is aranted in accordance with AMC 4.35.030 or aenerallaw. Unless
properlv waived. the amount of applicable fees and charaes specified in the
resolution shall be included as part of anv iudament for all those who admit or
are otherwise determined to have committed a criminal action.
4.35.020 Imposition of Specific Fees and Charaes.
A. Uncontested non-criminal violations/ mail. The fees for Court Costs and
Court Securitv & Trainina shall be incorporated into a bail schedule published bv
the Citv Administrator or desiQnee in accordance with Citv Code. The
incorporation of such Citv fees and charQes into the bail schedule shall result in
correspondinalv hiaher base fine amounts noted on violation citations issued bv
the Citv Police and Code Compliance Officers. The fees for Court Costs and
Court Securitv & Trainina shall be included 'in the base fine amount bv the Court
and Violations Bureau on every iudament arisina from a citation that is
uncontested and delivered to the Court bv U.S. mail.
B. Guiltv Pleas. Trials. & Default Judaments. If the Court or Violations Bureau
in a criminal action. finds a defendant auilty atter a trial, accepts a Quiltv plea.
accepts a no contest plea, or orders a default iudQment (in the case of a violation.
or reduced criminal charqe). the Court shall impose the fees for Court Costs and
Court Securitv & Trainina. and in appropriate cases the fees for Trial or Default
Municipal Court Administration Fees and Charges
Page 2 of6
Judaments. as set forth in the resolution, and said fees shall be reflected on any
iudament.
C. Diversions. Deferred Sehtences. Compromises and Mediations. If the
Court or Violations Bureau. approves a City Attornev diversionl deferred
sentence. a Court diversion for a violation, a civil compromise. a Court mediation
or City Attornev mediation. the Court shall impose the correspondina feels) and
charaels) as set forth in the resolution. and said fees shall be reflected on any
such aareement.
D. Show Cause-Probation Violation. Diversion and Other Violations. If the
Court or Violations Bureau. finds a defendant in violation of the terms of a Court
probation. a Court diversion. a City Attornev diversion I deferred sentence. an
approved civil compromise. a Court mediation or City Attornev mediation. either
bv admission. plea or followina a hearina. the Court shall impose the
correspondina feels) and charaels) as set forth in the resolution. and said fees
shall be reflected on any iudament or aareement.
E. Installment Payment. If the Court or Violations Bureau. sets up an
installment payment plan because the monetary obliaation of the defendant will
not be paid in full within 30 days. the Court shall impose the Installment Fee and
assess interest on the iudament as set forth in the resolution. and said fees shall
be reflected on any iudament or aareement.
F. Other Fees and Charaes: The Court shall impose all applicable feels) and
charaels) as set forth in the resolution. unless a waiver or reduction is aranted in
accordance with AMC 4.35.030. and said fees shall be reflected on any iudament
or aareement.
4.35.030 Waiver or Reduction of Fees and Charaes bv the Municipal Court.
Notwithstandina any other provision of law. the Ashland Municipal Court or
Violations Bureau may not defer. waive suspend or otherwise reduce the fees and
charaes set forth in the resolution except as follows:
A. No fees or charaes shall be imposed when the Municipal Court or iury. after
trial, determines that the person issued the citation or complaint did not commit
the offense charaed. or any lesser included offense: or
B. No fees or charaes shall be imposed when the charae is dismissed bv
motion of the City Attornev. for whatever reason. includina a plea baraain. For
purposes of this section. fees and charaes shall not include restitution to the
victim for an offense dismissed bv pleabaraain. Routine motions to dismiss
successfullv . completed diversions. deferred sentences. compromises.
mediations, and like actions shall not cause such actions to be exempt from fees
and charaes under this section.
Municipal Court Administration Fees and Charges
Page 3 of 6
C. Specified Fees and charQes may be waived or reduced in whole or in part
when the Municipal Court makes a written findinQ supported bv competent
evidence in the record (i.e. a sworn Financial Statement) that:
1) the defendant is indiQent: and
2) the defendant cannot pay the obliQation on an installment basis: and
3) the Municipal Court has imposed no fine and the Court has imposed no
other state or county assessment on the charQe.
The specified fees and charQes subject to this type of waiver or reduction are the
followinQ: Bench Trial. Discovery and JUry Trial. Attornev fees may on Iv be
imposed. waived or reduced in accordance with Qeneral state law. Attornev fees
shall not be waived bv the Court for civil compromises and City Attornev
diversion/deferred sentences when repayment of such fees was aQreed to as part
of a neQotiated plea barQain or compromise.
D. After imposition of all applicable fees and charQes for one criminal action.
the Ashland Municipal Court may waive or reduce specified fees and charQes
prescribed for other criminal actions disposed of on the same day. This
authorized local waiver or reduction does not automaticallv waive or reduce state
and county assessments. The subsequent actions where fees are waived or
reduced shall be of equal or lesser severity to the initial oriQinal criminal action
(in terms of classification) where all fees and charQes are assessed. The
specified fees and charQes subject to this type of waiver or reduction are the
followinQ: Court Costs. Court Security & TraininQ. Installment Fee. Motion
reQuirinQ a hearinQ. and Show Cause.
E. The Ashland Municipal Court shall waive fees and charQes prescribed for
Failure to Appear at Bench Trial. or Show Cause HearinQ and. Failure to Appear at
JUry Trial. inclusive of fees and charQes associated with any default taken under
ORS 153.102. if the Court makes a written findinQ based on competent evidence
in the record that the failure to appear was due to circumstances bevond the
control of the defendant and otherwise throuQh no fault of the defendant.
F. The Municipal Court may waive interest on JudQments in accordance with
state statute
4.35.035 Deductions from Posted Bail or Securitv/ Return
A. Application. In the event posted bail or financial security is forfeited for
any reason, includinQ but not limited to, violation of a security release aQreement,
or applied to discharQe monetary obliQations imposed in a judQment. the
applicable fees and charQes prescribed in the resolution shall be deducted from
posted bailor financial security. unless properlv waived or reduced pursuant to
AMC 4.35.030.
Municipal Court Administration Fees and Charges
Page 4 of6
B. Return charqes. If all monetary and other obliqations are discharqed and
posted financial security is returned. the Court shall retain administrative
charQes. of fifteen {15%1 percent of the security. and not less than five dollars
($5.001. exclusive of interest per ORS 135.265.
4.35.040 Additional Monetary ObliQations
All City fees and charQes specified in this ordinance and implementinQ resolution
shall be monetary obliaations in addition to. and not in lieu of. any other State or
County assessments. Such local fees and charaes. toaether with State and
County assessments shall be added to. and shall not be deducted from. minimum
fines specified by state statute or local ordinance.
4.35.050 No Limitation.
NothinQ in this chapter is intended to detract from the inherent power of the Court
pursuant to aenerallaw to impose additional fees and charaes established in
state law or City ordinance in addition to the fees and charaes specified herein.
4.35.060 No Taxation.
The City Council determines that the Municipal Court Administration Fees and
Charaes authorized by this chapter and imposed by resolution of the City
Council are not taxes subiect to the property tax limitations of the Oreaon
Constitution.
4.35.070 Not applicable to Parkina.
The fees and charaes 'authorized by this chapter and the resolution do not apply
to citations for violation of parkinQ limitations established by city ordinance.
resolution or order.
SECTION 4. Suspension of certain fees and charqes durina surcharqe period.
While Oreaon Laws Chapter 659. Sections 2, 9. 21, 26 and 27. [surcharaesl is
effective. {presently to July 1. 2011 I. specified fees and charqes in the
implementina resolution for this ordinance shall be suspended. includina
specifically but not limited to Court Costs. Court Security and TraininQ. Bench
Probation Fee. Show Cause {Probation Violationl. Expunction and DUll and
Mariiuana Diversion.
SECTION 5. Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid, such invalidity
Municipal Court Administration Fees and Charges
Page 5 of 6
shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 6, Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and
the word "ordinance" may be changed to "code", "article", "section", "chapter' or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, and
typographical errors and cross references may be corrected by the City Recorder,
provided however that Section 1, and Sections 5 and 6, unincorporated Whereas
clauses and boilerplate provisions and Exhibits (Le, attached Resolution, etc.) need not
be codified.
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 ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Municipal Court Administration Fees and Charges
Page 6 of 6
RESOLUTION NO. 2010-
A RESOLUTION ESTABLISHING FEES FOR THE ADMINISTRATION
OF THE ASHLAND MUNICIPAL COURT
Recitals:
A. Section 4.35 of the Ashland Municipal Code specifically authorizes the City
Council to establish fees and charges for Administration of Municipal Court; by
Resolution of the City Council; and
B. On April 20, 2010 and May 4, 2010, the Ashland City Council provided an
opportunity for public comment on the proposed fees and charges contained
herein in accordance with ORS 294.160(1); and
C. The Council finds and determines that the imposition of administrative fees and
charges is appropriate to support the efficient and cost effective operation of the
Ashland Municipal Court; and
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to AMC 4,35, Municipal Court Administration Fees and Charges,
the following fees and charges set forth in Table 1, and described in the incorporated
Notes and Instructions below are hereby approved and established and shall have the
full force and effect of law:
TABLE 1
CITY OF ASHLAND MUNICIPAL COURT ADMINISTRATION FEES
COURT ADMINISTRATION FEES '. ,. CRIME VIOLATION
01 Appeal Transcript Fee $35.00 $10,00
02 Bench Trial n1 n4 $60.00 $30,00
03
City Attorney DiversionlDeferred Sentencing n2 $60.00 $40.00
04
Civil Compromise Costs n2 $75.00 N/A
05 Collection Fee 125% - maximum of $2501 25% 25%
06 Compliance Inspection Fee N/A $25.00
07 Court Appointed Counsel Application Fee n3 $5.00 N/A
08 Court Appointed Counsel Fees and Charqes n3 as billed N/A
09 Court Costs n4 n5 n19 $25,00 $15,00
10 Court Security & Traininq Fee n4 n5 n.19 $15.00 $5.00
11
Default Judqment n6 N/A $15,00
12
Discovery n4 n7 $12,00 $12.00
13 Diversion by Municipal Court: Class A -0, N/A $25.00 plus
Page 1 of 4
Unclassified and Specific Fine Violations n8 Base
Finelclass
14 Diversion by Court: Possession Less than Ounce
Marijuana N/A $233.00
15 Domestic Partnership Registration
$25.00 N/A N/A
16 Drivers License Suspension n10 $15,00 $15.00
17 Drivers License Reinstatement after suspension n11 $50.00 $50.00
18 Driving Record -Traffic Offenses (certified) n12 $11.50 $11 .50
19 Expunction n19 $250,00 $0,00
20 Extend/Amend City Attorney DiversionlDeferred
Sentence $45.00 $45.00
21 Failure to Appear for Bench Trial/Show Cause
hearinq n13 $90.00 $70.00
22 Failure to Appear for Jury Trial n13 $150.00 N/A
23 Forfeiture of Security $25,00 $25.00
24 Installment Fee n5 $25,00 $25,00
25 Interest on Judqments in Criminal Actions n14 9% 9%
26 . JUry Trial n1 n4 $100.00 N/A
27 Mediation of criminal action -motion of prosecutor n15 $0.00 N/A
28 Mediation of violation (Municipal Court Mediation) N/A $65.00
29 Motion Not Requirinq a Hearinq $0.00 $0,00
30 Motion Requirinq a Hearinq n5 n16 $20.00 $20,00
31
Non Sufficient Funds Check n17 $25.00 $25.00 '
32 Public Records Reauest Resolution Resolution
33 Reimbursement [Per Diem Jaill Cost $60.00 N/A
34 Show Cause Admission of Alleaation n4 n5 n19 $25.00 $10,00
35 Subpoena Fee n18 10.00 10,00
36 Warrant Issued $50,00 $50.00
37 Bench Probation Fee n19 $100.00 N/A
38 10% at monthly
Withholdina on Countv Assessment distribution
n1 Trial Fee is not charged if Defendant is found not guilty of the offense charged and
. all lesser included offenses pursuant to AMC 4.35.030A
n2 Includes conditional discharges under ORS 137.533 and diversionldeferred
sentences under ORS 135.881.. Court-appointed counsel fees and charges may not be
waived if part of plea bargain or stipulated to as part of a compromise, AMC 4,35,030,C,
Plea bargained diversions, deferred sentences, and compromises may include
negotiated waiver of fee,
n3 When a defendant is ordered to repay court appointed counsel fees the amount is as
billed by court appointed counsel. Notwithstanding any other designation of rates, the
rate for court appointed counsel appointed after the effective date of this resolution shall
be fifty dollars ($50.00) per hour with a cap of $300.00 when there is no trial. The cap is
increased to four hundred dollars ($400,00) when there is a bench trial and six hundred
Page 2 of 4
dollars ($600.00) when there is a jury trial. The rate is per defendant, including all
associated cases; however each case that requires a bench trial or jury trial is subject to
an additional one hundred dollars ($100.00) or three hundred dollars ($300.00) per
case, over the $300 no-trial cap, respectively, Court appointed counsel fees and costs
may only be imposed, reduced or waived by the Court when supported by the record, in
accordance with applicable state law,
n4 Fees and charges marked with this note may be reduced or waived by the Judge in
appropriate cases in accordance with AMC 4.35.030,C.
n5 Fees marked with this note may be waived or reduced by the Court for additional
caseslcounts resolved on the same day as the original offense when subsequent
offenses are equal to or lesser than the original offense. AMC 4.35.030.0.
n6 Includes misdemeanor crimes reduced to violations by City Attorney [ORS 161.566]
or Court reductions, with consent of the prosecutor, when the defendant fails to appear
[ORS 161.568]. .Misdemeanor assessments, including city misdemeanor assessments,
still apply,
n7 When Discovery exceeds 20 pages, discovery fee is increased to $15,00,
additional charges for tapes, OVOs, photos, apply per Resolution 2007-44.
n8 Base Fines are established by the formula or by adopted bail schedule, The
specified diversion fee is added to the base fine, State law prohibits the Court from
deferring, waiving, suspending or otherwise reducing the fine for a violation below 75%
'of the base fine amount for Class A, B, C, 0 violations and unclassified violations, (Le,
no more than a 25% reduction). ORS 153.093(1 )(a). Specific fine violations may be
reduced to 20% of the base fine. (80% reduction). ORS 153.093(1 )(b), Reductions
below a specified minimum fine are not authorized. ORS 153.093(2)(b), Assessments
and fees are "in addition to" fines, including minimum fines, not "in lieu of' or deducted
from them. ORS 137.290(1), ORS 137.309(2), AMC 4,35.040.
n9 Judge may waive all or part of the marijuana diversion filing fee in appropriate cases
in accordance with ORS 135.909(2). '
n10 Pursuant to ORS 809.267 the Court adds $15.00 to the Judgment when license is
suspended,
n11 This reinstatement fee is in addition to full satisfaction of existing monetary
obligation.
n12 The cost for a certified copy of the driving record. suspension order, and mailing
list and certification receipt for one person is $11.50. A certified copy of the record only.
is $3.00.
n13 Waived if the Court finds, based on competent evidence, that the failure to appear
was caused by circumstances beyond the defendant's control and through no fault of
the defendant. AMC 4,35.030, E,
n14 May waived by the Judge in appropriate cases in accordance with AMC 4.35,030.F.
n15 Mediation of crime may be part of City Attorney diversion, deferred sentence or
plea bargain, and may include cost of mediation and attorney fees,
n16 This fee is waived if defendant prevails on the motion before the Court.
n17 Add any bank charges assessed to the City.
n18 Add statutory mileage
Page 3 of 4
n 19 These fees are not imposed during the operative period of the offense surcharges
established by Oregon Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are
currently set to expire on June 30, 2011).
SECTION 2'. All other fees and charges inconsistent with the fees and charges set forth
herein are repealed, Nothing in this Resolution is intended to detract from the inherent
power of the Court pursuant to general law to impose fees and charges established in
state law or City ordinance in addition to the fees and charges specified herein.
SECTION 3. ,This Resolution was duly PASSED and ADOPTED this day of
, 2010, and after signing by the Mayor takes effect on July 1, 2010,
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form
Richard Appicello, City Attorney
Page 4 of 4
Instructions for Application of Municipal Court Fees and Charges
01. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks
must prepare what is known as a transcript on appeal for transmittal to Circuit Court
(This is a compilation of certified documents filed in the case - not a verbatim
transcript). This fee is established to recover the cost of this certified copy and
transmittal service, The Ashland Municipal Court is not currently a Court of Record,
[See ORS 221.342.] Accordingly, appeals to Circuit Court are de novo, that is, the
matter is tried anew, as if nothing had happened below. [See e.g. ORS
138.057(1)(a)(f); ORS 221,359; ORS 157.010, ORS 53.090].
02. Bench Trial. No deposit is required for a bench trial which is a trial before the
Court without a jury, No fee is charged a defendant who is found not-guilty following a
bench trial on a violation or a misdemeanor. If the defendant is found guilty after trial,
the City Charter [Article 9, Section 1] specifically authorizes recovery of the cost of the
prosecution. This fee is established to recover the cost of the time spent by the Judge,
court staff, and city staff, Fees for less complicated violation trials are less than
misdemeanor bench trials, Allowance is provided for reduction or waiver of the fee in
AMC 4,35.030 C,
03. City Attorney Diversion/Deferred Sentencing Agreement [ORS 135.881].-
ORS 135,881 expressly permits a City Attorney to divert or defer certain criminal
offenses such that there is no adjudication in the criminal justice system - no judgment
and no sentencing order. A defendant enters a plea which is held while the defendant
performs community service or some form of treatment. Successful completion of the
diversionldeferred sentence results in dismissal of the charge. Failure to comply results
in revocation and formal sentencing by the Court. This fee is established to recover
the cost of establishing and monitoring diversion/deferred sentence agreements
through the City Attorney's office and Court. For purposes of fees and charges, a
conditional discharge on motion of the city attorney under ORS 137.533 is assessed
the same fees and charges as diversionldeferred sentence.
04. Civil Compromise Costs [ORS 135.703(1) & (2)]. Certain criminal offenses may
be civilly compromised, The civil compromise statute [ORS 135.705] requires
acknowledgement of satisfaction by the victim, in writing, and payment of all costs and
expenses incurred, [including court appointed attorney fees] as a prerequisite to
exercise of the Court's discretion to dismiss the charge, This fee is established to
recover the administrative costs associated with civil compromise, including
assurances that the victim has been satisfied and not coerced.
05. Collection Fee [25%with a maximum of $250: ORS 137.118].
Oregon statutes allow a Municipal Court to add a collection fee to a money judgment in
a criminal action. The fee is dictated by state statute and may not exceed 25% of the
monetary obligation and shall not in any case exceed $250,00. The fee shall be
waived if the defendant pays as agreed - Le. the defendant pays in accordance with
payment schedule arranged by the Court. If the Court show causes the defendant for
Page 1 of 7
failure to pay [e,g. ORS 161.685] for a violation or a crime, and the defendant has not
paid as agreed, then the fee is not waived - because the defendant did not "pay as
agreed.". Additional charges may also be imposed when cases are assigned to a
collection agency,
06. Compliance Inspection Fee. This fee is imposed on violations when an
inspection by police, code compliance or court staff is required to dismiss the ticket.
This is the final step in a "fix it" ticket. The Court, Police or staff physically inspects to
make sure the problem is corrected.
07. Court Appointed Counsel Application Fee. As with County Courts, this fee is
imposed to recover the cost of verification of information submitted on the Financial
Statement as part of applications for court-appointed counsel. In criminal cases,
qualification for court-appointed counsel is governed by ORS 135,050(1) and requires
a written and verified financial statement. If the Court, in accordance with general law,
imposes the obligation to repay attorney fees and costs, this fee is part of the costs. If
the Court waives or reduces repayment of attorney fees, this fee is also waived.
08. Court-Appointed Attorney Fees and Charges. State law prohibits paying court
appointed counsel less than thirty dollars ($30.00) per hour ,ORS 135.055. The rate
for court appointed counsel appointed after the effective date of the fee resolution shall
be fifty dollars ($50,00) per hour with a cap of $300,00 when there is no trial. The cap
is increased to four hundred dollars ($400.00) when there is a bench trial and six
hundred dollars ($600.00) when there is a jury trial. The rate is per defendant,
including all associated cases; however each case that requires a bench trial or jury
trial is subject to an additional one hundred dollar s($1 00.00) or three hundred dollars
($300.00) per case, over the $300 no-trial cap, respectively. Court appointed counsel
fees and costs may only be imposed, reduced or waived by the Court when supported
by findings and evidence in the record, in accordance with requirements of state law,
09. Court Costs. This is the standard Court fee imposed for administrative costs
associated with resolution of any misdemeanors or violation. The fee is charged when
the Court finds a defendant guilty after a trial, accepts a guilty plea, accepts a "no
contest" plea, or takes a default based upon an alleged violation of a state law or city
ordinance. There are different fees for violations and crimes. There is an allowance
for the Judge to waive court costs for additional caseslcounts resolved on the same
day as the first case, provided the first case is fully charged and is as serious as
subsequent cases. AMC 4.35.030.0. This fee is incorporated into the bail schedule
and is therefore paid in all cases where the ticket is uncontested, See note 19 in
Resolution regarding suspension of this fee while state surcharge is in effect.
10. Court Security & Training Fee. The fee is charged when the Court finds a
defendant guilty after a trial, accepts a guilty plea, accepts a "no contest" plea, or takes
a default based upon an alleged violation of a state law or city ordinance, This fee is
incorporated into the bail schedule and is charged in every criminal action. This fee is
imposed for traininq or court and enforcement staff and for court room security
Page 2 of 7
associated with resolution of any misdemeanor or violation offense, The fee may be
waived for additional caseslcounts resolved on the same day per AMC 4,35,030.0,
See note 19 in Resolution regarding suspension of this fee while state surcharge is in
effect.
11. Default Judgment. The Court mav take a default judgment on a non-criminal
violation if the defendant fails to appear at first appearance [ORS 153.102(1 )]. The
default fee applies also when the City Attorney reduces a crime to a violation and when
the Court, with the consent of the City Attorney, reduces a charge to a violation upon a
failure to appear. [See. ORS 161.566 & ORS 161.568] However, State, County and
City misdemeanor assessments remain applicable, The Court shall take a default
judgment when the defendant fails to appear for trial or subsequent to first appearance
in a violation proceeding, [ORS 153.102(2)]. Defendants may request relief from a
default judgment by filing a motion, filed with the Court and served on the City pursuant
to ORS 153.105.
12. Discovery. Discovery fee is charged for police records associated with an ongoing
criminal case whether or not the defendant is represented by legal counsel. The fee is
$12.00, Pursuant to Oregon law to protect victims of crimes, certain victim and witness
information must be redacted (withheld)[ORS 135,815]. Other requests for public
records are addressed pursuant to Resolution 2007-44 and subsequent Resolutions,
13. Diversion of non-criminaJ Violation by Municipal Court.
The Judge may divert non-criminal violations, unless prohibited by statute or
ordinance, However, the Court's authority to reduce fines for violations is strictly
limited by statute. Whether the violation is a Class A, B, C, D, or unclassified violation
the Court, "notwithstanding any other provision of law, may not defer, waive, suspend
or otherwise reduce the fine for a violation to an amount that is less than 75% of the
base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are also
limited. Accordingly, even if the Court attempts to keep a violation off a defendant's
record by diverting it, the reduction in the fine is limited by state statute. Base Fines
are calculated using the formula in state law and City Ordinance and the fines differ
based upon the classification of the offense. Essentially the base fine is one half the
maximum fine with all assessments, including state, county and city assessments. The
violation diversion fees set forth on the table below represent the base fine (including
City Court Cost and Court Security fee), plus a uniform $25.00 diversion fee:
State Base Class of Offense Diverted City Base with Div Fee
Minimum
$427 Court Diversion: Class A Violation $447.00 $472.00 $354.00
$242 Court Diversion: Class B Violation $262,00 $287.00 $215,25
$242 Court Diversion: Unclass - Violation $262,00 $287.00 $215,2~
$145 Court Diversion: Class C Violation $165.00 $190.00 $142.50
. . ...
$97 $142,00
Court Diversion: Class D Violation $Tf'7.00 $106.50
varies Court Diversion: Specific Fine Base BF+ $25.00 x,75
Page 3 of 7
[App!iq~ble violation surcharg~sare not reflected lQthetable above andstlSpf!nded
'city assessments 09 and.10GGwil/need to be remov/lcJ::frpmCity Base andreplaqec:lwitti
\,::",' :";':::::::>>,.,..... .,' '.<:C' ''':<::;'''''''><:'" . >..o",,:>:>,:""";;;,<::!..::.. .... .......<':..:.;:>..<:::::;;:::'.j.~
the.urch,gge - This tab.'f!Wil/:"e.f!d. to be cha"gedGfflowe.\Ier Counci/.cJirectio,.i::is
~ . nQUESTiON.1 ~'4f22~'10Council Corrlln'iifiitfatlolilbefore thecl1ajjg'e:l!i~l!made]
"-'~ <C*-'~~_____ '. ." L~",",_"" - . ... . .... -.- '""m,""'ON"",,,,,,-_J. '. .. _._.",~ """"""'"
The Municipal Court has no legal authority to divert misdemeanor offenses. [ORS
135,881 grants diversion authority to City Attorney]. [Municipal Court may not approve
a conditional discharge of a misdemeanor crime without approval of the City Attorney
under ORS 137.533.] [ORS 135.755 limits the Court's authority to dismiss a criminal
case. See State v, Stouah, 148 Ore. App. 353 (1997)(Court's dismissal authority under
ORS 137,755 reserved for "severe" situations)].
14. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has
established a specific procedure for marijuana possession less than an ounce,
diversion in ORS 135,907 ORS 135.921. The specified fee is the required fee a
defendant must pay to file a petition for a marijuana diversion pursuant to ORS
135,921. An additional evaluation fee of $90.00 must be paid to the agency providing
the required diagnostic assessment. The filing fee may be paid on an installment basis
and the judge may waive all or part of the filing fee in cases of an indigent defendant.
[ORS 135,909] Without this statutory marijuana diversion process, the minimum fine
and assessments under state statute for possession of less than an ounce of
marijuana would be $603.00 ($500 min fine, $37 state unitary assessment and $66
county assessment). City assessments would add $20,00. [State surcharges (e,g,
$100.00) are not reflected in this fee.]
15. Domestic Partnership Registration. The City of Ashland has a register for
domestic partners that pre-dates the Oregon State Statute providing for County
Registration,
16. Drivers License Suspension. This $15.00 fee is specifically identified in ORS
809.267 to be imposed whenever the Court suspends or restricts the driving privileges
of a defendant for failure to comply with a court order or any conditions imposed by the
court or failure to pay a fine or for failure to appear as required by ORS 153.061,
17. Drivers License Reinstatement after Suspension. This is the fee paid for
Reinstatement of Driving Privileges (including producing a compliance letter) following
complete satisfaction of the monetary obligations of the defendant or other conditions
which caused the suspension.
18. Driving Record Traffic Offenses (certified) [ORS 153.624]. State law mandates
that "in addition to any other costs charged a person convicted of a traffic offense, a
court shall charge as costs and collect from any person convicted of a traffic offense
any costs incurred in obtaining any driving records relating to the person." The cost of
a certified record and accompanying documents from the DMV is now $11.50; $3.00
for a certified copy alone.
Page 4 of 7
19. Expunction. This fee is to reimburse staff for administration of the process to seal
the records of a Municipal Court conviction or an arrest per ORS 137.225. See note
19 in Resolution regarding suspension of this fee while state surcharge is in effect.
20. Extend/Amend City Attorney Diversion/Deferred Sentence. On occasion a
City Attorney diversion or deferred sentence needs to be extended or revised, This
typically occurs when th'e defendant is given additional time to satisfy an obligation, or
requests a change in the obligations, Extensions or amendments are also negotiated
in lieu of revocation and formal sentencing, This involves negotiating, drafting and
processing an amendment. This fee is intended to recover this cost.
21. Failure to Appear for Bench Trial/ Show Cause Hearing. Substantial expense
is involved in preparation for a bench trial on a violation or crime. This fee reimburses
the City for preparation wasted when the defendant fails to appear (e,g, includes
witness fees, subpoenas, officer overtime, staff or attorney time, court staff and judge
time.) Fee is required to be waived if failure to appear is due to circumstances beyond
the control of the defendant and through no fault of the defendant. AMC 4.35,030.E,
22. Failure to Appear for Jury Trial. Substantial expense is involved in preparation
for a jury trial. This fee reimburses the City for preparation wasted when the defendant
fails to appear (e.g, includes jury fees, witness fees, subpoenas, officer overtime, staff
and attorney time, court staff and judge time.) Fee is required to be waived if failure to
appear is due to circumstances beyond the control of the defendant and through no
fault of the defendant. AMC 4.35,030.E,
23.Forfeiture of Security. This fee covers the cost of providing notice that security
posted by the defendant will be forfeited pursuant to the process set forth in ORS
135.280. This process is often combined with a warrant.
24. Installment Fee. When the Municipal Court sets up an account for defendant to
pay a monetary obligation over time, the Court may charge a fee for setting up the
account. This fee may be waived by the Court for additional cases resolved on the
same day. AMC 4.35.030.0. The Court may also charge interest when judgments are
paid over time.
25. Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010.
The interest on criminal judgments is set by statute, ORS 137.183 & ORS 82.010. The
municipal judge may waive all or part of the interest payable on a criminal judgment.
ORS 137.183(3).
26. Jury Trial. No deposit is required for a jury trial, although Oregon law authorizes
a deposit (up to $60.00) in certain circumstances. ORS 221.354(3) No fee is charged
a defendant who is found not-guilty following a jury trial on a misdemeanor. This fee
applies if a defendant has been found guilty or settles the case less than 18 hours
before the jurors report to the Court for the scheduled trial. Allowance is provided for
reduction or waiver of the fee in AMC 4.35.030 C.
Page 5 of 7
27. Mediation of criminal action [ORS 135.951]. The City Attorney as well as the
Ashland Police Department may propose mediation of a criminal offense. Mediation of
crime may be part of City Attorney diversion, deferred sentence or plea bargain,
includi.ng a condition of probation. This fee is intended to recover the costs incurred in
pursuing mediation. The cost of mediation and attorney fees will be added to the fee.
28. Mediation of violation (Court Mediation). [AMC 2.28,190] Ashland Municipal
Code specifically authorized the Court to offer mediation on a violation offense, This
fee is intended to recover the costs incurred in pursuing mediation, The cost of
mediation will be added to the fee,
29. Motion Not Requiring a Hearing. No charge.
30. Motion Requiring a Hearing. This fee charged for Court time to hear motion, This
fee is waived if defendant prevails on the motion before the Court, Provision is made
to waive fees for subsequent motions resolved on the same day, AMC 4,35.030.0,
31. Non Sufficient Funds Check. This fee is charged by the City for checks returned
for non-sufficient fu nds,
32. Public Records Requests ICopies The Municipal Court charges the fees required
for records requests according to Public Records Resolutions 2007-43 and 2007-44,
as amende.d.
33. Reimbursement of per Diem Jail Cost The Municipal Court may impose a
requirement that defendant pay the cost of incarceration as general condition of
probation. State v. Johnston, 176 Or App 418,31 P3d 1101 (2001) This per diem cost
is consistent with ORS 169.151 (2) which also expressly permits the city to pursue legal
action (civil suit) against defendants for the per diem cost of incarceration,
34. Show Cause Admission of Allegation. This fee (also generically known as
probation violation) is imposed to recover the cost of the process to hold defendants to
the conditions of their probation or other orders of the Court. This may include but is
not limited to probation violations, diversion and deferred sentence revocations, as well
as the terms and conditions of other Court obligations. Included in this process is the
process for show cause for failure to pay on violations and crimes (punishable by up to
30 days jail pursuant to ORS 161.685). See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
35. Subpoena Fee. This fee simply reflects the statutory fee for subpoenas currently
set at ten dollars, plus mileage.
36. Warrant Issued. This fee covers the cost of warrant issuance by the Court for
both violations and crimes,
Page 6 of 7
37. Bench Probation Fee This fee continues a $100 surcharge fee imposed in
Oregon Laws Chapter 659, Section 21 paragraph 7. The fee shall be imposed if the
defendant is placed on probation under the supervision of the Court. See note 19 in
Resolution regarding suspension of this fee while state surcharge is in effect. .
38. Withholding on County Assessment. ORS 137.309(8)(b) specifically authorizes
the City to withhold an amount equal to the reasonable costs incurred by the clerk in
collection and distribution of the County assessment imposed in ORS 137.309.
4-09-10
Page 7 of 7
Page 1
Index of Surcharges and Fees By Page of Enrolled Bill (Attached)
Chapter 6S9 Oregon Laws 2009 (Enrolled HB 2287)
Section 1
Section la
Establishes the Judicial Surcharge Account (JSA) (eff. on passage)
Provides for surcharges and fees created in the bill to be deposited to
the JSA (eff. on passage)
The JSA is the Judicial Department Stabilization Fund
Page 2
Page 3
Page 6
Page 11
Page 13
Page 17
Page 22
Page 23
Section 2
Section 3
Section 4
Section 9
Section 13
Section 14
.'
Section 21
Section 2S
Section 26
Section 27
Section 28
Establishes Offense Surcharges
Extension of 2007 surcharges to September 30, 2009 (eff. on passage)
Establishes Surcharges Operative October 1, 2009 for fees
Removes $200 cap on the security release cost of IS % of the security
deposit for any security release agreement
Third-party Complaint Fee (paid by 3" Party Plaintiff and each 3" Party
Defendant appearing)
Civil filing fee changes
1. Increases base filing fee for Plaintiff and Respondent
2. Creates new "additional party" fee to be paid for "each additional
party" by plaintiff or moving party and each appearing defendant or
respondent
3. Creates "amount claimed" fee schedule to be paid by each plaintiff
and any defendant or respondent
Creates Bench Probation Fee and Probation Violation Assessments
Creates the fee for an annual or final accounting in a probate proceeding
or a conservatorship proceeding.
Creates a DUll Diversion program administration fee paid by defendant
Creates a fee to be ordered by the court upon the filing of a motion to
set aside a conviction
Creates an "additional party" fee for appeals or petitions for judicial
review in Court of Appeals and Supreme Court
Page 24
Page 2S
Page 26
Section 32
Section 33
Section 34
Section 38
Creates a settlement conference fee to be paid by each party
"participating in the conference" in the circuit court in civil, domestic
relations, adoption, name change and probate
Creates an appellate continuance fee
Raises the cap on the account receivable fee
Creates a fee for "filing or submission of an ex parte order or judgment
for purposes of signature by the judge"
The October 1 effective date surcharges, fees, and assessments established in this Act have a June 30,
2011 sunset clause.
75th OREGON LEGISLATIVE ASSEMBLY..2009 Regular Session
Enrolled
House Bill 2287
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). . Presession filed (at the request
of House Interim Committee on Judiciary)
CHAPTER
AN ACT
Relating to courts; creating new prOVISIons; amending ORS 1.202, 18.999, 21.010, 21.110, 36.170,
135.265, 137.540 and 153.125 and section 15, chapter. 860, Oregon Laws 2007; appropriating
money; declaring an emergency; and providing for revenue raising that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
JUDICIAL SYSTEM SURCHARGE ACCOUNT
SECTION 1. (1) The Judicial System Surcharge Account is established in the General
Fund of the State Treasury. All moneys in the account are continuously appropriated to the
Department of Revenue to be distributed by the Department of Revenue according to allo-
cations made by the Legislati~e Assembly. The Department of Revenue shall keep a record
of moneys transferred into and out of the account.
(2) The Department of Revenue shall deposit in the General Fund all moneys remaining
in the account after the distributions required by subsection (1) of this section have been
made. Moneys deposited in the General Fund under this subsection are available for general
governmental purposes.
SECTION 1a. (1) During the biennium commencing July 1, 2009, the Department of Re-
venue shall make monthly distributions from the Judicial System Surcharge Account. The
department may not make a monthly distribution if the balance in the account is less than
$500,000 at the time the distribution would otherwise be made.
(2) Before a monthly distribution is made by the department under this section, the de-
partment shall distribute to itself the lesser of 0.05 percent of the balance in the Judicial
System Surcharge Account or the amount necessary to pay the department's costs incurred
in administering the account.
(3) As soon as possible after making the distribution required by subsection (2) of this
section, the Department of Revenue shall make the following distributions from the Judicial
System Surcharge Account:
(a) To the Judicial Department, 65 percent of the remaining balance in the account, to
be used for court operations. Amounts distributed to the Judicial Department under this
paragr~ph in the biennium commencing July 1, 2009, may not exceed $6.5 million.
(b) To the Public Defense Services Commission, 35 percent of the remaining balance in
the account, to be used for trial-level indigent defense. Amounts distributed to the Public
Enrolled House Bill 2287 (HB 2287-B)
Page 1 .
,
Defense Services Commission under this paragraph in the biennium commencing July 1, 2009,
may not exceed $3.5 million.
OFFENSE SURCHARGE
SECTION 2. (1) In all cases of conviction for the commission of a crime or violation,
excluding parking violations, the trial court, whether a circuit, justice or municipal court,
shall impose upon the defendant, in addition to any fine, cost or other monetary obligation
imposed, an offense surcharge under this section. Except when the person successfully as-
serts the defense set forth in ORB 419C.522, the offense surcharge shall also be imposed by
the circuit court and county court in juvenile cases under ORS 419C.005 (1). The offense
surcharge is a penal obligation in the nature of a fine and shall be in an amount as follows:
(a) $35 in the case of a felony.
(b) $35 in the case of a misdemeanor.
(e) $45 in the case of a violation as described in ORB 153.008.
(2) A court may waive all or part of the offense surcharge required by this section only
if the court imposes no fine on the defendant.
(3) The offense surcharge required by this section shall be imposed only for offenses that
are committed on or after October 1, 2009, and before July 1, 2011.
(4) Offense surcharges imposed under this section are part of the base fine for the pur-
poses of ORS chapter 153.
(5) Offense surcharges imposed in a circuit court under this section are category 3
monetary obligations for the purposes of ORS 137.295 and shall be collected as provided in
ORS 137.295. Offense surcharges imposed in a justice court, county court or municipal court
under this section are category 4 monetary obligations for the purposes of ORS 137.295 and
shall be collected as provided in ORS 137.295. Amounts collected as offense surcharges u~der
this section may not be deposited in the Criminal Fine and Assessment Account, or trans-
ferred to the Department of Revenue, under ORS 137.295 (5), but must be deposited or paid
as follows:
(a) Offense surcharges imposed in circuit courts shall be deposited by the Department
of Revenue in the Judicial System Surcharge Account.
(b) Offense surcharges imposed in a justice court or county court shall be paid to the
county treasurer.
(c) Offense surcharges imposed in a municipal court shall be paid to the city. treasurer.
(6) The collections and revenue management program established under OKS 1.204 ,may
not be reimbursed under ORS 1.204 from amounts imposed as offense surcharges under this
section.
SECTION 2a, ORS 153.125 is amended to read:
153.125. (1) The base fine required in violation proceedings under this chapter is the sum of a
foundation amount calculated under ORS 153.125 to 153.145 plus the unitary and county assessments
established under ORS 137.290 and 137.309, and the offense surcharge under section 2 of this
2009 Act, for the violation. The amount of the county assessment under ORS 137.309 shall be cal-
culated using the foundation amount determined under ORS 153.125 to 153.145, and may not be
calculated using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
in calculating the base fine required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
for a specific fine violation in calculating the base fine required in a violation proceeding under this
chapter is the maximum fine provided for the violation.
(4) If the law creating a violation establishes a minimum fine, and the foundation amount cal-
culated for the violation under ORS 153.125 to 153.145 is less than the minimum fine for the vio.
Enrolled House Bill 2287 (HE 2287-B)
Page 2
lation, the foundation amount to be used in calculating the base fine required in a violation
proceeding under this chapter is the minimum fine established for the violation.
SECTION 2b. The amendments to OKS 153.125 by section 2a of this 2009 Act apply only
to offenses that are committed on or after October 1, 2009, and before July 1, 2011.
SECTION 2c. ORS 153.125, as amended by section 2a of this 2009 Act, is amended to read:
153.125. (1) The base fine required in violation proceedings under this chapter is the sum of a
foundation amount calculated under ORS 153.125 to 153.145 plus the unitary and county assessments
established under ORS 137.290 and 137.309L and the offense surcharge under section 2 of this 2009
Act,] for the violation. The amount of the county assessment under ORS 137.309 shall be calculated
using the foundation amount determined under ORS 153.125 to 153.145, and may not be calculated
using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
in calculating the base fine required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
for a specific fine violation in calculating the base fine required in a violation proceeding under this
chapter is the maximum fine provided for the violation.
(4) If the law creating a violation establishes a minimum fine, and the foundation amount cal-
culated for the violation under ORS 153.125 to 153.145 is less than the minimum fine for the vio-
lation, the foundation amount to be used in calculating the base fine required in a violation
proceeding under this chapter is the minimum fine established for the violation.
SECTION 2d, (1) The amendments to ORS 153,125 by section 2c of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORS 153.125 by section 2c of this 2009 Act do not affect the im-
position of a surcharge under section 2 of this 2009 Act for an offense committed on or after
October 1, 2009, and before July 1, 2011.
EXTENSION OF 2007 FILING FEE SURCHARGES
TO SEPTEMBER 30, 2009
SECTION 3. Section 15, chapter 860, Oregon Laws 2007, is amended to read:
Sec. 15. (1) In addition to the fees provided for in ORS 21.010 (1), for the period commencing
September 1, 2007, and ending lJune] September 30, 2009, at the time of filing a response in the
Court of Appeals or the Supreme Court, the State Court Administrator shall collect a surcharge of
$8.
(2)(a) In addition to the fees provided for in ORS 21.110 (1), for the period comme.ncing Septem-
ber 1, 2007, and ending lJune] September 30, 2009, at the time of filing in the circuit court of any
civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from
the plaintiff, appellant or moving party a surcharge of $5. In addition, at the time of filing any ap-
pearance in any such action, suit or proceeding upon the part of any defendant or respondent ap-
pearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall
collect from the party or parties a surcharge of $4.
(b) In addition to the fees provided for in ORS 21.110 (2), for the period commencing September
I, 2007, and ending lJuneJ September 30, 2009, the clerk of the circuit court shall collect a sur-
charge of $3 from the plaintiff, appellant or moving party, and shall collect a surcharge of $3 from
any defendant or respondent appearing separately, or upon the part of defendants or respondents
appearing jointly, in the actions described in ORS 21.110 (2).
(3)(a) In addition to the fees provided for in ORS 21.111 (1), for tl;1e period commencing Septem-
ber 1, 2007, and ending lJune] September 30, 2009, in the proceedings specified in ORS 21.111 (2)
the clerk of the circuit court shall collect a surcharge of $5 from the petitioner at the time the pe-
tition is filed, and shall collect a surcharge of $3 from the respondent upon the respondent making
an appearance.
h:nrolled House Bill 2287 (HB 2287-B)
Page 3
(b) In addition to the fees provided for in ORB 21.111 (3), for the period commencing September
1, 2007, and ending lJuneJ September 30, 2009, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the filing of a motion for the modification of a decree
of marital annulment, dissolution or separation, if the motion is filed more than one year after the
entry of the decree in the register of the court.
(4) In addition to the fees provided for ORS 21.114 0), for the period commencing September 1,
2007, and ending lJuneJ September 30, 2009, the clerk of the court shall collect:
(a) In an adoption proceeding, a surcharge of $2 from the party filing the petition for adoption
and a surcharge of $1 from an objecting party appearing separately or objecting parties appearing
jointly.
(b) In a change of Dame proceeding, a surcharge of $2 from the party filing the application for
change of name and a surcharge of $1 from an objecting party appearing separately or objecting
parties appearing jointly.
(5) In addition to the fee provided for in ORS 21.114 (3), for the period commencing September
1, 2007, and ending [JuneJ September 30, 2009, in any adoption or change of name proceeding in a
court having jurisdiction, the clerk of the court shall collect from the party having the affirmative
of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law
involved therein, a surcharge of $2.
(6)(a) In addition to the trial fee provided for in ORS 21.270 (2), for the period commencing
September I, 2007, and ending lJuneJ September 30, 2009, the clerk of the circuit court shall collect
from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a surcharge
on the trial fee of $4 for each full or partial day of the trial.
(b) In addition to the jury trial fee provided for in ORS 21.270 (3), for the period commencing
September 1, 2007, and ending lJuneJ September 3D, 2009, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee of $10
for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a
trial by a jury of six persons, a surcharge on the jury trial fee of $6 for each full or partial day of
the trial.
(7) In addition to the hearing fee provided for in ORS 21.275 (3), for the period commencing
September 1, 2007, and ending lJuneJ September 30, 2009, the clerk of the circuit court shall collect
a surcharge on the hearing fee of $2 if the hearing period is not more than three hours or $4 if the
hearing period is more than three hours.
. (8)(a) In addition to the fees provided for in ORS 21.310 0), for the period commencing Septem~
ber 1, 2007, and ending lJuneJ September 30, 2009, the clerk of the court shall collect the following
surcharges for the filing of the initial papers in any probate proceeding, including petitions for the
appointment 'of personal representatives, probate of wills and contest of wills, or in any
conservatorship proceeding:
Where the amount of the estate is:
1. Not more than $10,000--a surcharge of $1.
2. More than $10,000 and not more than $25,000--a surcharge of $4.
3. More than $25.000 and not more than $50,000--a surcharge of $8.
4. More than $50,000 and not more than $100,000--a surcharge of $12.
5. More than $100,000 and not more than $500,000--a surcharge of $15.
6. More than $500,000 and not more than $l,OOO,OOO--a surcharge of $19.
7. More than $1,OOO,OOO--a surcharge of $23.
(b) In addition to the fee provided for in ORS 21.310 (3), for the period commencing September
1, 2007, and ending [June] September 30, 2009, the clerk shall collect a surcharge of $1 for the filing
of the initial papers in a~y guardianship proceeding.
Enrolled House Bill 2287 (HB 2287.8)
Page 4
(c) In addition to the fee provided for in ORS 21.310 (5), for the period commencing September
I, 2007, and ending lJuneJ September 3D, 2009, at the time of filing any answer, motion or objection
in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the an-
swer, motion or objection shall pay a surcharge of $1 to the clerk.
(d) In addition to the fee provided for in ORS 21.310 (7), for the period commencing September
1. 2007. and ending lJune! September 30. 2009. the clerk shall collect from the party having the
affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues
of fact or law involved therein, a surcharge on the trial or hearing fee of $2.
(9) In addition to the fees provided for in ORS 21.325 (3), for the period commencing September
1, 2007, and ending (JuneJ September 30, 2009, the clerk of the court shall collect a surcharge of
$2 for the filing of a copy of foreign judgment and affidavit filed as provided in ORS 24.115 and
24.125 or the filing of a copy of child custody determination of another state filed as provided in
ORS 109.787.
(10) In addition to the fee provided for in ORS 34.340, for the period commencing September 1,
2007, and ending (JuneJ September 30, 2009, the clerk of the court shall collect a surcharge of $1
upon the filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORS 36.520 (5), for the period commencing September
1, 2007, and ending lJuneJ September 30, 2009, the clerk of the circuit court shall collect from the
party making application for setting aside under ORB 36.520 (1) a surcharge of $2 and from a party
filing an appearance in opposition to the application a surcharge of $1.
(2) In addition to the fee provided for in ORS 36.522 (3), for the period commencing September
1, 2007, and ending (JuneJ September 30, 2009, the clerk of the circuit court shall collect a sur-
charge of $1 for the filing of an arbitral award or application for enforcement of an arbitral award
under ORS 36.522.
(13) In addition to the fee provided for in ORS 36.524 0), for the period commencing September
1, 2007, and ending lJuneJ September 30, 2009, the cle"rk of the circuit court shall collect a sur-
charge of $1 for the filing under ORS 36.524 (1).
(4) In addition to the fee provided for in ORS 36.615 (l)(b), for the period commencing Sep-
tember I, 2007, and ending [JuneJ September 30, 2009, the clerk of the circuit court shall collect
a surcharge of $2 upon the filing of a petition to seek confirmation, vacation, modification or cor-
rection of an award under ORS 36.700, 36.705 or 36.710, and a surcharge of $1 from a person filing
an appearance in opposition to the petition.
(15) In addition to the fees provided for in ORS 46.570 (1), for the period commencing September
I, 2007, and ending [JuneJ September 30, 2009, in the small claims department of a circuit court the
clerk of the court shall collect:
(a) A $1 surcharge when a plaintiff files a claim and the amount or value claimed does not ex-
ceed $1.500;
(b) A $2 surcharge when a plaintiff files a claim and the amount or value claimed exceeds $1,500;
. (c) A $1 surcharge when a defendant demands a hearing and the amount or value claimed by
the plaintiff does not exceed $1,500; and
(d) A $2 surcharge when a defendant demands a hearing and the amount or value claimed by
the plaintiff exceeds $1,500.
(16)(a) In addition w the fees provided for in ORS 105.130 (21. for the period commencing Sep-
tember 1, 2007, and ending [JuneJ September 30, 2009, upon filing a complaint in the case of a
dwelling unit to which ORS chapter 90 applies, the clerk of the court shall collect a surcharge of
$3.
(b) In addition to the fees provided for in ORS 105.130 (3), for the period commencing September
1, 2007, and ending lJuneJ September 30, 2009, if the defendant demands a trial after a complaint
is filed under ORS 105.130 (2). the plaintiff shall pay a surcharge of $2.
(17) In addition to the fee provided for in ORS 107.434 (1), for the period commencing September
1, 2007, and ending [JuneJ September 30, 2009, the clerk of the court shall collect a surcharge of
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Page 5
$3 upon the filing of a motion seeking enforcement of a parenting time order or a substantial vio-
lation of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (1)(d), for the period commencing Sep.
tember 1, 2007, and ending [JuneJ September 30, 2009, the clerk of the probate court shall collect
a surcharge of $1 for filing of an affidavit under ORS 112.820 (1).
(19) In addition to the fee provided for in ORS 114.515 (6), for the period commencing Sept~mber
1, 2007, and ending [JuneJ September 30, 2009, the clerk of the probate court shall collect a sur-
charge of $1 upon the filing of an affidavit under ORS 114.515. .
(20) In addition to the fee provided for in ORS 130.200 (8)(a), for the period commencing Sep-
tember I, 2007, and ending [JuneJ September 30, 2009, the clerk of the circuit court shall collect
a surcharge of S3 for the filing of an agreement or memorandum of agreement under ORS 130.200
(6) and a surcharge of $2 for the fIling of objections under ORS 130.200 (7).
(21) In addition to the fee provided for in ORS 138.560, for the period commencing September
I, 2007, and ending tJuneJ September 30, 2009, a petitioner shall pay a surcharge of $1 at the time
of fIling a petition under ORS 138.560.
(22) In addition to the fee provided for in ORS 166.274, for the period commencing September
1, 2007, and ending [JuneJ September 30, 2009, the clerk of the court shall collect a surcharge of
$5 for the filing of a petition for relief under ORS 166.274.
(23) In addition to the fee provided for in ORS 419B.555 (6), for the period commencing Sep-
tember I, 2007, and ending [JuneJ Sept~mber 30, 2009, the clerk of the court shall collect a sur-
charge of $4 for each application for emancipation under ORS 419B.555.
(24) Except as provided in subsection (25) of this section, surcharges imposed under this
section on or after July 1, 2009, and before October 1, 2009, shall be deposited in the Judicial
System Surcharge Account. The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from surcharges imposed under
this section on or after July 1, 2009, and before October 1, 2009.
(25) A surcharge imposed by a county court under subsection (8) of this section or ~y a
justice court under subsection (16) of this section shall be paid to the county treasurer.
SURCHARGES OPERATIVE OCTOBER 1, 2009
SECTION 4. (1) In addition to the fees provided for in ORS 21.010 (1), for the period
commencing October 1, 2009, and ending June 30, 2011, at the time of filing a response in the
Court of Appeals or the Supreme Court, the State Court Administrator shall collect a sur-
charge of $8.
(2)(a) In addition to the fees provided for in ORS 21.111 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, in the proceedings specified in ORS 21.111 (2) the
clerk of the circuit court shall collect a surcharge of $5 from the petitioner at the time the
petition is filed, and shall collect a surcharge of $3 from the respondent upon the respondent
making an appearance. ,
(b) In addition to the fees provided for in ORS 21.111 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the' filing of a motion for the modification of
a decree of marital annulment, dissolution or separation, if the motion is filed more than one
year after the entry of the decree in the register of the court.
(3) In addition to the fees provided for ORS 21.114 (1), for the period commencing October
1, 2009, and ending June 30, 2011, the clerk of the court shall collect:
(a) In an adoption proceedhtg, a surcharge of $2 from the party filing the petition for
adoption and a surcharge of $1 from an objecting party appearing separately or objecting
parties appearing jointly.
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Page 6
(b) In a change of name proceeding, a surcharge of $61 from the party filing the appli-
cation for change of name and a surcharge of $61 from an objecting party appearing sepa-
rately or objecting parties appearing jointly.
(4) In addition to the fee provided for in ORS 21.114 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, in any adoption or change of name proceeding in a
court having jurisdiction, the clerk of the court shall collect from the party having the af-
firmative of the issue, at the time the proceeding comes on for trial or hearing upon the is-
sues of fact or law involved therein, a surcharge of $2.
(5)(a) In addition to the trial fee provided for in ORB 21.270 (2), for the period com-
mencing October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect
from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a
surcharge on the trial fee of $33 for each full or partial day of the trial.
(b) In addition to the jury trial fee provided for in ORS 21.270 (3), for the period com-
mencing October 1, 2009, and ending June 30, 2011, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee
of $32 for each full or partial day of the trial. The clerk shall collect from the plaintiff or
appellant, for a trial by a jury of six persons, a surcharge on the jury trial fee of $40 for each
full or partial day of the trial.
(6) In addition to the hearing fee provided for in ORS 21.275 (3), for the period com-
mencing October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect
a surcharge on the hearing fee of $12 if the hearing period is not more than three hours or
$33 if the hearing period is more than three hours.
(7)(a) In addition to the fees provided for in ORS 21.310 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the court shall collect the following
surcharges for the filing of the initial papers in any probate proceeding, including petitions
for the appointment of personal representatives, probate of wills and contest of wills, or in
any conservatorship proceeding:
Where the amount of the estate is:
1. Not more than $10,000--a surcharge of $1.
2. More than $10,000 and not more than $25,000--a. surcharge of $4.
3. More than $25,000 and not more than $50,000--a surcharge of $8.
4. More than $50,000 and not more than $100,000..a surcharge of $12.
5. More than $100,000 and not more than $500,000--a surcharge of $15.
6. More than $500,000 and not more than $l,OOO,OOO--a surcharge of $19.
7. More than $1,OOO,OOO--a surcharge of $23.
(b) In addition to the fee provided for in ORS 21.310 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk shall collect a surcharge of $1 for the filing
of the initial papers in any guardianship proceeding.
(c) In addition to the fee provided for in ORS 21.310 (5), for the period commencing Oc.
tober 1, 2009, and ending June 30, 2011, at the time of filing any answer, motion or objection
in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the
answer, motion or objection shall pay a surcharge of $1 to the clerk.
(d) In addition to the fee provided for in ORS 21.310 (7), for the period commencing Oc"
tober 1, 2009, and ending June 30, 2011, the clerk shall collect from the party having the af-
firmative of the issue, at the time the proceeding comes on for trial or hearing upon the
issues of fact or law involved therein, a surcharge on the trial or hearing fee of $2.
(8) In addition to the fees provided for in ORS 21.325 (3), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $2
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Page 7
for the filing of a copy of foreign judgment and affidavit filed as provided in ORS 24.115 and
24.125 or the filing of a copy of child custody determination of another state filed as provided
in ORS 109.787.
(9) In addition to the fees provided for in ORS 21.325 (4), for the/period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $6
for issuing a writ of execution or a writ of garnishment.
(10) In addition to the fee provided for in ORS 34.340, for the period commencing October
1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $1 upon
the filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORS 36.520 (5), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect from the
party making application for setting aside under ORS 36.520 (1) a surcharge of $2 and from
a party filing an appearance in opposition to the application a surcharge of $1.
(12) In addition to the fee provided for in ORS 36.522 (3), for the period commencing Oc~
tober 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a surcharge
of $1 for the filing of an arbitral award ~r application for enforcement of an arbitral award
under ORS 36.522.
(13) In addition to the fee provided for in ORS 36.524 (1), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a surcharge
of $1 for the filing under ORS 36.524 (1).
(14) In addition to the fee provided for in OKS 36.615 (1)(b), for the period commencing
October I, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a sur-
charge of $2 upon the filing of a petition to seek confirmation, vacation, modification or
correction of an award under ORS 36.700, 36.705 or 36.710, and a surcharge of $1 from a
person filing an appearance in opposition to the petition.
(15) In addition to the fees provided for in OKS 46.570 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, in the small claims department of a circuit court
the clerk of the court shall collect:
(a) A $24 surcharge when a defendant demands a hearing and the amount or value
claimed by the plaintiff does not exceed $1,500; and
(b) A $50 surcharge when a defendant demands a hearing and the amount or value
claimed by the plaintiff exceeds $1,500.
(16)(a) In addition to t~e fees provided for in OKS 105.130 (2), for the period commencing
October 1, 2009, and ending June 30, 2011, upon filing a complaint in the case of a dwelling
unit to which ORS chapter 90 applies, the clerk of the court shall collect a surcharge of $12.
(b) In addition to the fees provided for in ORS 105.130 (3), for the period commencing
October 1, 2009, and ending June 30, 2011, if the defendant demands a trial after a complaint
is filed under ORS 105.130 (2), the plaintiff shall pay a surcharge of $2.
(17) In addition to the fee provided for in OKS 107.434 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of
$3 upon the filing of a motion seeking enforcement of a parenting time order or a substantial
violation of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (1)(d), for the period commencing
October I, 2009, and ending June 30, 2011, the clerk of the probate court shall collect a sur-
charge of $1 for filing of an affidavit under ORS 112.820 (I).
(Ig) In addition to the fee provided for in ORS 114.515 (6), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the probate court shall collect a sur.
charge of $1 upon the f"Iling of an affidavit under ORS 114.515.
(20) In addition to the fee provided for in ORS 130.200 (8)(a), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a sur-
charge of $3 for the filing of an agreement or memorandum of agreement under OKS 130.200
(6) and a surcharge of $2 for the filing of objections under ORS 130.200 (7).
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Page 8
(21) In addition to the fee provided for in ORS 138.560, for the period commencing Octo-
ber I, 2009, and ending June 30, 2011, a petitioner shall pay a surcharge of $1 at the time of
f"ding a petition under ORB 138.560.
(22) In addition to the fee provided for in ORS 166.274, for the period commencing Octo-
ber 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $5
for the filing of a petition for relief under ORS 166.274.
(23) In addition to the fees provided for in ORB 305.490, for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, the clerk of the tax court shall collect the following
surcharges:
(a) For a complaint or petition in the magistrate division, $50.
(b) For a complaint or petition in the regular division, $100.
(c) IT a complaint or petition is specially designated under ORB 305.501 for hearing in the
regular division, a fee of $100. '
(24) In addition to the fee provided for in ORB 419B.555 (6), for the period commencing
October I, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of
$4 for each application for emancipation under ORB 419B.555.
(25) Except as provided in subsection (26) of this section, surcharges imposed under this
section shall be deposited in the Judicial System Surcharge Account. The collections and
revenue management program established under ORS 1.204 may not be reimbursed under
ORB 1.204 from surcharges imposed under this section.
(26) A surcharge imposed by a county court under subsection (7) of this section or by a
justice court under subsection (16) of this section shall be paid to the county treasurer.
SECTION ._ ORB 18.999 is amended to read:
18.999. This section establishes the right of a plaintiff to recover certain moneys the plaintiff
has expended to recover a debt under ORS 18.854 or to enforce a judgment and establishes proce-
dures for that recovery. The following apply to this section;
(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff
may proceed as follows:
(a) Before crediting the total amount of moneys received against the judgment or debt, the
plaintiff may recover and keep from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall
credit the remainder of the moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid
on and to be credited against the original judgment or debt sought to be enforced. No additional
judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those
described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific
judgment or debt that the specific garnishment or attachment was issued to enforce or upon which
the payment was received. Moneys recoverable under subsection (1)(a) of this section remain re-
coverable and, except as provided under subsection (8) of this section, may be recovered from mo"n-
eys received by the plaintiff under subsequent garnishments, attachments or payments on the same
specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements under subsection (3) of this sec-
tion, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
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Page 9
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed ($12J $18 for
each garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to motions filed after entry of a
judgment.
(b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for
judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and
ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the following:
(a) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section
and making the accounting available for any, proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under sub-
section (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section remain subject to all other pro~
visions of law relating to payments, or. garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this
section or other moneys in any manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recov-
erable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or to a debt enforceable under ORS 18.854.
SECTION 6. The amendments to ORS 18.999 by section 5 of this 2009 Act become--- opera-
tive October 1, 2009, and apply only to writs of garnishment issued on or after October 1,
2009, and before July I, 2011.
SECTION 7. ORS 18.999, as amended by section 5 of this 2009 Act, is amended to read:
18.999. This section establishes the right of a plaintiff to recover certain moneys the plaintiff
has expended to recover a debt under ORS 18.854 or to enforce a judgment and establishes proce.
dures for that recovery. The following apply to this section:
(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff
may proceed as follows:
(a) Before crediting the total amount of moneys received against the judgment or debt, the
plaintiff may recover and keep from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall
credit the remainder of the moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid
on and to be credited against the original judgment or debt sought to be enforced. No additional
judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those
described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific
judgment or debt that the specific garnishment or attachment was issued to enforce or upon which
the payment was received. Moneys recoverable under subsection (1)(a) of this section remain re-
coverable and, except as provided under subsection (8) of this section, may be recovered from mon-
eys received by the plaintiff under subsequent garnishments, attachments or payments on the same
specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements under subsection (3) of this sec.
tion, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
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Page 10
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed [$18] $12 for
each garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to motions filed after entry of a
judgment.
(b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for
judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and
ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the following:
(a) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section
and making the accounting available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under sub-
section (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section remain subject to all other pro-
visions of law relating to payments, or garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this
section or other moneys in any manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recov.
erable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or to a debt enforceable under ORS 18.854.
SECTION 8. (1) The amendments to ORS 18.999 by section 7 of this 2009 Act become op-
erative July 1, 2011.
(2) The amendments to ORS 18.999 by section 7 of this 2009 Act do not affect the amount
that may be recovered under ORS 18.999, as in effect immediately before July 1, 2011, for
writs of garnishment issued on or after October 1, 2009, and before July 1, 2011.
I
SECURITY RELEASE DEPOSITS
SECTION 9. ORS 135.265 is amended to read:
135.265. (1) If the defendant is not released on personal recognizance under ORS 135.255, or
granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional
release, the magistrate shall set a security amount that will reasonably assure the defendant's ap-
pearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court
before which the proceeding is pending a sum of money equal to 10 percent of the security amount,
but in no event shall such deposit be .less than $25. The clerk shall issue a receipt for the sum de-
posited. Upon depositing this sum the defendant shall be released from custody subject to the con-
dition that the defendant appear to answer the charge in the court having jurisdiction on a day
certain and thereafter as ordered by the court until discharged or final order of the court. Once
security has been given and a charge is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the original security in that court subject
to ORS 135.280 and 135.285. When conditions of the release agreement have been performed and the
defendant has been discharged from all obligations in the cause, the clerk of the court s~all return
to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85 ...
percent of the sum which has been deposited and shall retain as security release costs 15 percent,
but not less than $5 lnor more than $200J, of the amount deposited. The interest that has accrued
on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk
Enrolled House Bill 2287 (HB 2287.B)
Page 11
of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300. The amount retained by a jus-
tice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation treasury. At the request of the de-
fendant the court may order whatever amount is repayable to defendant from such security amount
to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant
may deposit with the clerk of the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with equity not exempt owned by the de-
fendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by affidavit. The magistrate may further ex-
amine the sufficiency of the security as the magistrate considers necessary.
SECTION 10. (1) The amendments to ORB 135.265 hy section 9 of this 2009 Act apply only
to security deposits made on or after October 1, 2009, and before July 1, 2011.
(2) All amounts retained in a circuit court under OKS 135.265 as security deposit costs
from security deposits made on or after October 1, 2009, and before July 1, 2011, that are in
excess of $200 shall be deposited in the Judicial System Surcharge Account. All amounts
retained in a justice court under OKS 135.265 as security deposit costs from security deposits
made on or after October 1, 2009, and before July I, 2011, that are in excess of $200 shall be
paid to the county treasurer. All amounts retained in a municipal court under OKS 135.265
as security deposit costs from security deposits made on or after October 1, 2009, and before
July 1, 2011, that are in excess of $200 shall be paid to the city treasurer.
(3) The collections and revenue management program established under OKS 1.204 may
not be reimbursed under OKS 1.204 from amounts retained as security deposit costs that are
in excess of $200 pursuant to the amendments to OKS 135.265 by section 9 of this 2009 Act.
SECTION 11. ORB 135.265, as amended by secti9n 9 of this 2009 Act, is amended to read:
135.265. (1) If the defendant is not released on personal recognizance under ORS 135.255, or
granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional
release, the magistrate shall set a security amount that will reasonably assure the defendant's ap-
pearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court
before which the proceeding is pending a sum of money equal to 10 percent of the security amount,
but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum de-
posited. Upon depositing this sum the defendant shall be released from custody subject to the con-
dition that the defendant appear to answer the charge in the court having jurisdiction on a day
certain and thereafter as ordered by the court until discharged or final order of the court. Once
security has been given and a charge is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the original security in that court subject
to ORS 135.280 and 135.285. When conditions of the release agreement have been performed and the
defendant has been discharged from all obligations in the cause, the clerk of the court shall return
to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85
percent of the sum which has been deposited and shall retain as security release costs 15 percent,
but not less than $5 nor more than $200, of the amount deposited. The interest that has accrued
on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk
o~ a circuit court shall be paid over as directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300. The amount retained by a jus-
tice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation treasury. At the request of the de-
fendant the court may order whatever amount is repayable to defendant from such security amount
to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant
may deposit with the clerk of the court an amount equal to the security amount in cash, stocks,
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Page 12
bonds, or real or personal property situated in this state with equity not exempt owned .by the de-
fendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by affidavit. The magistrate may further ex-
amine the sufficiency of the security as the magistrate considers necessary.
SECTION 12. (1) The amendments to ORS 135.265 by section 11 of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORS 135.265 by section 11 of this 2009 Act do not affect the
amount of security release costs that may be deducted from security amounts deposited on
or after October 1, 2009, and before July 1, 2011.
THIRD-PARTY COMPLAINT FEE
SECTION 13. (1) When a person files a third-party complaint in a civil action, suit or
proceeding in circuit court, the clerk of the court shall collect from the third-party plaintiff
the same fees, charges and surcharges that would be required of a plaintiff filing the same
complaint in an original action.
(2) When a third-party defendant files an appearance in a civil action, suit or proceeding
in circuit court, the clerk of the court shall collect the same fees, charges and surcharges
that would be required of a defendant filing the same appearance in an original action.
(3) This section applies only to third-party complaints and appearances filed on or after
October 1, 2009, and before July 1, 2011.
(4) All amounts imposed as fees under this section shall be deposited in the Judicial
System Surcharge Account.
(5) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from amounts imposed under this section.
FILING FEES
SECTION 14. ORS 21.110 is amended to read:
21.110. (1)(a) Except as otherwise provided in this section, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of t$107J $117 as [aJ the flat and uni-
form filing fee for a single party. In addition, at the time of filing any appearance in any such
action, suit or proceeding by any defendant or respondent appearing separately, or upon the part
of defendants or respondents appearing jointly, the clerk shall collect from the party or parties the
sum of t$107J $117 as [aJ the flat and uniform filing fee for a single party.
(b) Except as otherwise provided in this section, at the time of filing in the circuit court
of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of $117 for each additional party
named in the pleading. In addition, at the time of filing any appearance in any such action,
suit or proceeding by any defendant or respondent appearing separately, or upon the part
of defendants or respondents appearing jointly, the clerk shall collect from the party or
parties the sum of $117 for each additional party named in the pleading.
(2) In the following actions, the clerk of the circuit court shall collect the sum of l$68J $78 as
a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is
filed, and shall collect the sum of {$68J $78 as a flat and uniform filing fee from any defendant or
respondent appearing separately, or upon the part of defendants or respondents appearing jointly,
at the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages only when the amount claimed does not ex.
ceed $10.000.
(b) Actions for the recovery of specific personal property when the value of the property claimed
and the damages for the detention do not exceed $10,000.
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Page 13
'--
(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out
of contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount
claimed for such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the
value of the property involved does not exceed $10,000.
(0 Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed
does not exceed $10,000.
(3) In any action for the recovery of mODey or damages, the clerk of the circuit court
shall collect the following sums from the plaintiff at the time the action is filed, and shall
collect the following sums from any defendant or respondent appearing separately, or upon
the part of defendants or respondents appearing jointly, at the time of filing any appearance
in the action:
(a) If the amount claimed is $50,000 or more, and less than $150,000, the clerk of the
circuit court shall collect a fee of $225.
(b) If the amount claimed is $150,000 or more, and less than $500,000, the clerk of the
circuit court shall collect a fee of $275.
(c) If the amount claimed is $500,000 or more, and less than $1 million, the clerk of the
circuit court 'shall collect a fee of $325.
(d) If the amount claimed is $1 million or more, the clerk of the circuit court shall collect
a fee of $375.
l(3)J (4) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from
the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed. Fees
collected under this subsection shall be deposited into the Judicial Department Operating Account
established in okS L009.
l(4)J (5) For purposes of [subsection (2) of] this section, the amount claimed, value of property,
damages or any amount in controversy does not include any amount claimed as costs and disburse.
ments or attorney fees as defined by ORCP 68 A.
l(5)J (6) A pleading or other document shall be filed by the clerk only if the fee required under
this section is paid by the person filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform
fee shall cover all services to be performed by the court or clerk in any such action, suit or pro.
ceeding, except where additional fees are specially authorized by law.
l(6)J (7) Any plaintiff, appellant, moving party, defendant or respondent that files an action or
appearance that is subject to the filing fees established under subsection (2) or (3) of this section
must include in the caption of the pleading lthe following words: "Claim of not more than $10,000."J
a statement of the amount claimed.
l(7)) (8) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(0 Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee
is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the
action or proceeding.
[(8)J (9) The fees described in this section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the filing of any case, motion, document,
stipulated order, process or other document relating to the provision of support enforcement ser-
vices as described in ORS 25.080.
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Page 14
SECTION t5. (1) The amendments to ORS 21.110 by section 14 of this 2009 Act apply only
to civil actions, suits and proceedings filed on or after October I', 2009, and before July 1,
2011.
(2) All fees imposed pursuant to the amendments to ORS 21.110 by section 14 of this 2009
Act shall be deposited in the Judicial System Surcharge Account.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under OKS 1.204 from fees imposed pursuant to the amendments to ORS
21.110 by section 14 of this 2009 Act. '
SECTION 16. ORS 21.110, as amended by section 14 of this 2009 Act, is amended to read:
21.110. (l}t(a)J Except as otherwise provided in this section, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of l$117J $107 as ltheJ a flat and uniform
filing fee [for a single partyJ. In addition, at the time of filing any appearance in any such action,
suit or proceeding by any defendant or respondent appearing separately, or upon the part of de-
fendants or respondents appearing jointly, the clerk shall collect from the party or parties the sum
of [$117J $107 as [the] a flat ~nd uniform filing fee [for a single party].
[(b) Except as otherwise provided in this section, at the time of filing in the circuit court of any
civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the
plaintiff, appellant or moving party the sum of $117 for each additional party named in the pleading.
In addition, at the time of filing any appearance in any such action, suit or proceeding by any de-
fendant or respondent appearing separately, or upon the part of defendants or respondents appearing
jointly, the clerk shall collect from the party or parties the sum of $117 for each additional party named
in the pleading. J .
(2) In the following actions, the clerk of the circuit court shall collect the sum of [$78J $68 as
a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is
filed, and shall collect the sum of l$78J $68 as a flat and uniform filing fee from any defendant or
respondent appearing separately, or upon th.e part of defendants or respondents appearing jointly,
at the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages only wh~n the amount claimed does not ex.
ceed $10,000.
(b) Actions for the recovery of specific personal property when the value of the property claimed
and the damages for the detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out
of contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount
claimed for such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the
value of the property involved does not exceed $10,000.
(0 Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed
does not exceed $10,000.
l(3) In any action for the recovery of money or damages, the clerk of the circuit court shall collect
the following sums from the plaintiff at the time the action is filed, and shall collect the following sums
from any defendant or respondent appearing separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the action:J
[(a) If the amount claimed is $50,000 or more, and less than $150,000, the clerk of the circuit court
shall collect a fee of $225. J
[(b) If the amount claimed is $150,000 or more, and less than $500,000, the clerk of the circuit court
shall cotlect a fee of $275.]
[(c) If the amount claimed is $500,000 or more, and less than $1 million, the clerk of the circuit
court shall collect a fee of $325. J
[(d) If the amount claimed is $1 million or more, the clerk of the circuit court shall collect a fee
of $375.J
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Page 15
[(4)J (3) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from
the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed. Ii"ees
collected under this subsection shall be deposited into the Judicial Department Operating Account
established in ORS 1.009.
[(5)J (4) For purposes of this section, the amount claimed, value of property, damages or any
amount in controversy does not include any amount claimed as costs and disbursements or attorney
fees as defined by ORCP 68 A
[(6)J (5) A pleading or other document shall be filed by the clerk only if the fee required under
this section is paid by the person filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform
fee shall cover all services to be performed by the court or clerk in any such action, suit or pro-
ceeding, except where additional fees are specially authorized by law.
[(7)J (6) Any plaintiff, appella~t, moving party, defendant or respondent that files an action or
appearance that is subject to the filing fees established under subsection (2) [or (3)J of this section
must include in the caption of the pleading [a statement of the amount claimedJ the following words:
"Claim of not more than $10,000."
[(8)) (7) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(D Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee
is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the
action or proceeding.
[(9)J (8) The fees described in this section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the filing of any case, motion, document,
stipulated order, process or other document relating to the provision of support enforcement ser-
vices as described in ORS 25.080.
SECTION 17. The amendments to ORS 21.110 by section 16 of this 2009 Act become op-
erative July 1, 2011.
SECTION 18. ORS 36.170, as amended by section 26, chapter 860. Oregon Laws 2007, is
amended to read:
36.170. (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the
time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected
from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected
from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1)
or (3), 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2)
or 105.130, or if the action is filed in the small claims department of circuit court and the amount
or value claimed exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department of circuit court and the amount or
value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Adminis-
trator into the State Treasury to the credit of the General Fund.
SECTION 19. ORS, 36.170, as amended by section 26, chapter 860, Oregon Laws 2007, and sec-
tion 18 of this 2009 Act, is amended to read:
36.170. (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the
time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected
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Page 16
from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected
from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1)
lor (3)], 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, sll:it or proceeding is subject to the filing fees established by ORS 21.110 (2)
or 105.130, or if the action is filed in the small claims department of circuit court and the amount
or value claimed exceeds $1,500.
(c) $3, if the action; suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department of circuit court and the amount or
value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Adminis-
trator into the State Treasury to the credit of the Gener~l Fund.
SECTION 20. (1) The amendments to ORS 36.170 by section 18 of this 2009 Act become
operative October 1, 2009.
(2) The amendments to ORS 36.170 by section 19 of this 2009 Act become operative July
I, 2011.
BENCH PROBATION FEES AND PROBATION
VIOLATION ASSESSMENTS
SECTION 21. ORS 137.540 is amended 10 read:
137.540. (1) The court may sentence the defendant to probation subject to the following general
conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the probationer has ille-
gally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by the supervising officer and follow
the recommendations of the evaluator if there are reasonable grounds to believe there is a history
of substance abuse.
(e) Remain in the State of Oregon until written permission to leave is granted by the Depart-
ment of Corrections or a county community corrections agency.
(f) If physically able, find and maintain gainful full-time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement must be based on a finding by the
court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of
Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probationer or the probationer's work
site or residence and to conduct a walk-through of the common areas and of the rooms in the resi-
dence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon the request of a representative of
the supervising officer if the supervising officer has reasonable grounds to believe that evidence of
a violation will be found, and submit to fingerprinting or photographing, or both, when requested
by the Department of Correc~ions or a county community corrections agency for supervision pur-
poses.
(j) Obey all laws, municipal, county; state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections
or a county community corrections agency.
(L) Not possess weapons, firearms or dangerous animals.
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Page 17
(m) If recommended by the supervising officer, successfully complete a sex offender treatment
program approved by the supervising officer and submit to polygraph examinations at the direction
of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to 163.467;
(B) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex
offense under ORS 163.305 to 163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow
the recommendation of the evaluator.
(0) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of
State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of birth;
(D) Within 10 days of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher
education.
(2) In addition to the general conditions, the court may impose any special conditions of pro-
bation that are reasonably related to the crime of conviction or the needs of the probationer for the
protection of the public or reformation of the probationer, or both, including, but not limited to, that
the probationer shalL
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jailor be restricted to the probationer's own residence
or to the premises thereof, or be subject to any combination of such confinement and restriction,
such .confinement or restriction or combination thereof to be for a period not to exceed one year
or one-half of the maximum period of confinement that could be imposed for the offense for which
the defendant is convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be
subject to other custodial sanctions under community supervision, or both, as provided by rules of
the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a
special condition of probation that the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides, without the approval of the
person's supervising parole and probation officer, or in which more than one other sex offender who
is on probation, parole or post-prison supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the Department of
Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole
and probation officer of a person subject to the requirements of this subsection shall review the
person's living arrangement with the person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and community safety. As used in this
subsection: .
(a) "Dwelling" has the meaning given that term in ORS 469.160.
(b) "Dwelling" does not include a residential treatment facility or a halfway house.
(c) "Halfway house" means a publicly or privately operated profit or nonprofit residential facil-
ity that provides rehabilitative care and treatment for sex offenders.
(d) "Sex offender" has the meaning given that term in ORS 181.594.
(4)(a) If the person is released on probation following conviction of a sex crime, as defined in
ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years
Enrolled House Bill 2287 (HB 2287.6)
Page 18
of age, the court, if requested by the victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is
required to reside in that county;
(B) The person demonstrates to the court by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of the evidence that imposition
of the condition will deprive the person of a residence that would be materially significant in aiding
in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. As used in this subparagraph, "halfway house" means
a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.
(b) A victim may request imposition of the special condition ~f probation described in this sub-
section at the time of sentencing in person or through the prosecuting attorney_
(c) If the court imposes the special condition of probation described in this subsection and if at
any time during the period of probation the victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change the probationer's residence in order
to comply with the special condition of probation. .
(5) When a person who is a sex offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections agency, whichever is appro-
priate, shall notify the chief of police, if the person is going to reside within a city, and the county
sheriff of the county in which the person is going to reside of the person's release and the conditions
of the person's release.
(6) Failure to abide by all general and special conditions imposed by the court and supervised
by the Department of Corrections or a county community corrections agency may result in arrest,
modification of conditions, revocation of probation or imposition of structured, intermediate sanc-
tions in accordance with rules adopted under ORS 137.595. (
(7) The court may order that probation be supervised by the court. If the court orders
that probation be supervised by the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be deposited by the clerk of the
court in the Judicial System Surcharge Account. Fees imposed in a justice court under this
subsection shall be paid to the county treasurer. Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer.
l(7JJ (8) The court may at any time modify the conditions of probation.
l(BJJ (9) A court may not order revocation of probation as a result of the probationer's failure
to pay r:estitution unless the court determines from the totality of the circumstances that the pur.
poses of the probation are not being served.
l(9JJ (10) It is not a cause for revocation of probation that the probationer failed to apply for
or accept employment at any workplace where there is a labor dispute in progress. As used in this
subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.
(II) If the court determines that a defendant has violated the terms of probation, the
court shall impose a $25 assessment against the defendant. The assessment becomes part
of the judgment and may be collected in the same manner as a fine. Assessments imposed
under this subsection in the circuit court shall be deposited by the clerk of the court in the
Judicial System Surcharge Account. Assessments imposed in a justice court under this sub.
section shall be paid .to the county treasurer. Assessments imposed in a municipal court
under this subsection shall be paid to the city treasurer.
lOG)J (12) As used in this section, "attends," "institution of higher education," "works" and
"carries on a vocation" have the meanings given those terms in ORS 181.594.
SECTION 22. (I) The amendments to ORS 137.540 hy section 21 of this 2009 Act apply only
to orders of probation and probation violation determinations made on or after October 1,
2009, and hefore July I, 2011,
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Page 19
(2) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from assessments imposed by a court under the amend.
ments to ORS 137.540 by section 21 of this 2009 Act.
SECTION 23. ORS 137.540, as amended by section 21 of this 2009 Act, is amended to read:
137.540. (1) The court may sentence the defendant to probation subject to the following general
conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the probationer has ille-
gally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by the supervising officer and follow
the recommendations of the evaluator if there are reasonable grounds to believe there is a history
of substance abuse.
(e) Remain in the State of Oregon until written permission to leave is granted by the Depart-
ment of Corrections or a county community corrections agency.
(0 If physically able, find and maintain gainful full-time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement must be based on a finding by the
court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of
Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probationer or the probationer's work
site or residence and to conduct a walk-through of the common areas and of the rooms in the resi-
dence occupied by or under the control of the probationer.
(0 Consent to the search of person, vehicle or premises upon the request of a representative of
the supervising officer if the supervising officer has reasonable grounds to believe that evidence of
a violation will be found, and submit to fingerprinting or photographing, or both, when requested
by the Department of Corrections or a county community corrections agency for supervision pur-
poses.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections
or a county community corrections agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully complete a sex offender treatment
program approved by the supervising officer and submit to polygraph examinations at the direction
of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to 163.467;
(B) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex
offense under ORS 163.305 to 163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow
the recommendation of the evaluator.
(0) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of
State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of birth;
(D) Within .10 days of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher
education.
Enrolled House Bill 2287 (HB 2287-8)
Page 20
(2) In addition to the general conditions, the court may impose any special conditions of pro-
bation that are reasonably related to the crime of conviction or the needs of the probationer for the
protection of the public or reformation of the probationer, or both, including, but not limited to, that
the probationer shall:
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jailor be restricted to the probationer's own residence
or to the premises thereof, or be subject to any combination of such confinement and restriction,
such confinement or restriction or combination thereof to be for a period not to exceed one year
or one-half of the maximum .period of confinement that could be imposed for the offense for which
the defendant is convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be
subject to other custodial sanctions under community supervision, or both, as provided by rules of
the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as
specifically ordered by the court in order ~o pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a
special condition of probation that the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides, without the approval of the
person's supervising parole and probation officer, or in which more than one other sex offender who
is on probation, parole or post-prison supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the Department of
Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole
and probation officer of a person subject to the requirements of this subsection shall review the
person's living arrangement with the person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and community safety. As used in this
subsection:
(a) "Dwelling" has the meaning given that term in ORS 469.160.
(b) "Dwelling" does not include a residential treatment facility or a halfway house.
(c) "Halfway house" means a publicly or privately operated profit or nonprofit residential facil-
ity that provides rehabilitative care and treatment for sex offenders.
(d) "Sex offender" has the meaning given that term in ORS 181.594.
(4)(a) If the person is released on probation following conviction of a sex crime. as defined in
ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years
of age, the court, if requested by the victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is
required to reside in that county;
(B) The person demonstrates to the court by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of the evidence that imposition
of the condition will deprive the person of a residence that would be materially significant in aiding
in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. As used in this subparagraph, "halfway house" means
a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders. .
(b) A victim may request imposition of the special condition of probation described in this sub-
section at the time of sentencing in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation described in this subsection and if at
any time during the period of probation the victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change the probationer's residence in order
to comply with the special condition of probation.
Enrolled House Hill 2287 (HB 2287-8)
Page 21
(5) When a person who is a sex offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections agency, whichever is appro.
priate, shall notify the chief of police, if the person is going to reside within a city, and the county
sheriff of the county in which the person is going to reside of the person's release and the conditions
of the person's release.
(6) Failure to abide by all general and special conditions imposed by the court and supervised
by the Department of Corrections or a county. community corrections agency may result in arrest,
modification of conditions, revocation of probation or imposition of structured, intermediate sanc.
tions in accordance with rules adopted under ORS 137.595.
[(7) The court may order that probation be supervised by the court. If the court orders that pro-
bation be supervised by the court, the defendant shall pay a fee of $100 to the court. Fees imposed
under this subsection in the circuit court shall be deposited by the clerk of the court in the Judicial
System Surcharge Account. Fees imposed in a justice court under this subsection shall be paid to the
county treasurer. Fees imposed in a municipal court under this subsection shall be paid to the city
treasurer. J
[(8) J (7) The court may at any time modify the conditions of probation.
[(9)J (8) A court may not order revocation of probation as a result of the probationer's failure
to pay restitution unless the court determines from the totality of the circumstances that the pur-
poses of the probation are not being served.
l(10)) (9) It is not a cause for revocation of probation that the probationer failed to apply for
or accept employment at any workplace where there is a labor dispute in progress. As used in this
subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.
l(11) If the court determines that a defendant has violated the terms of probation, the court shall
impose a $25 assessment against the defendant. The assessment becomes part of the judgment and may
be collected in the same manner as a fine. Assessments imposed under this subsection in the circuit
court shall be deposited by the clerk of the court in the Judicial System Surcharge Account. Assess-
ments imposed in a jus~ice court under this subsection shall be paid to the county treasurer. Assess-
ments imposed in a municipal court under this subsection shall be paid to the city treasurer.J
[(12)J (10) As used in this section, "attends," "institution of higher education," "works" and
"carries on a vocation" have the meanings given those terms in ORS 181.594.
SECTION 24, (1) The amendments to ORS 137.540 by section 23 of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORS 137.540 by section 23 of this 2009 Act do not affect any fee
or assessment that was added to a judgment under ORS 137.540 before July 1, 2011.
PROBATE ACCOUNTING FEES
SECTION 25. (1) In a court with probate jurisdiction, the clerk shall charge and collect
the following fees for an annual or final accounting filed in a probate proceeding or a
conservatorship proceeding on or after October 1, 2009, and before July 1, 2011:
(a) If the amount of the estate is not more than $500,000, a fee of $100..
(b) If the amount of the estate is more than $500,000 and not more than $1 million, a fee
of $200.
(c) If the amount of the estate is more than $1 million, a fee of $300.
(2) In detennining fees under subsection (1) of this section in a probate proceeding, the
amount of a settlement in a wrongful death action brought for the benefit of the decedent's
surviving spouse or dependents is not part of the estate.
(3) All fees imposed under this section in a circuit court shall be deposited in the Judicial
System Surcharge Account. All fees imposed by a county court under this section shall be
paid to the county treasurer.
(4) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
Enrolled House Bill 2287 (HB 2287.B)
Page 22
DIVERSION PROGRAM ADMINISTRATION FEE
SECTION 26. (1) In addition to the fees provided in ORS 135.921 and 813.240, upon the
riling of a petition for diversion under ORS 135.909 or 813.210, the court shall order the de-
fendant to pay $100 to the court as a program administration fee.
(2) This section applies only to petitions for diversion filed on or after October 1, 2009,
and before July I, 2011.
(3) Fees imposed under this section in the circuit court shall be deposited by the clerk
of the court in the Judicial System Surcharge Account. Fees imposed in a justice court under
this section shall be paid to the county treasurer. Fees imposed in a municipal court under
this section shall be paid to the city treasurer.
(4) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
EXPUNCTION FEE
SECTION 27, (1) In addition to tbe fee provided in ORS 137.225, upon the filing of an ap-
plication under ORS 137.225 (1), the court shall order the defendant to pay a fee of $250 to
the court.
(2) This section applies only to applications filed under ORS 137.225 (1) on or after Octo-
ber 1, 2009, and before July 1, 2011.
(3) Fees imposed under this section in the circuit court shall be deposited by the clerk
of the court in the Judicial System Surcharge Account. Fees imposed in a justice court under
this section shall be paid to the county treasurer. Fees imposed in a municipal court under
this section shall be paid to the city treasurer~
(4) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from amounts imposed under this section.
ADDITIONAL PARTY FEES IN APPELLATE CASES
SECTION 28. ORS 21.010 is amended to read:
21.010. (1) Except as provided in Lsubsection (2) of] this section, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee
of $154 in the manner prescribed by ORS 19.265. The respondent in such case and any other person
appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay
to the State Court Administrator the sum of $154. The party entitled to costs and disbursements on
such appeal shall recover from the opponent the amount so paid.
(2) Except as provided in this section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals shall pay $154 for each addi-
tional person named as an appellant or petitioner. The respondent in such case, and any
other person appearing in the appeal, shall pay $154 to the State Court Administrator for
each additional person named as a respondent. The party entitled to costs and disbursements
on such appeal shall recover from the opponent the amount so paid.
[(2)J (3) Filing and appearance fees may not be assessed in appeals from habeas corpus pro-
ceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court
under ORS 419A.200 and the involuntary commitment of persons determined to be mentally ill under
ORB 426.135 or persons determined to be mentally retarded under ORB 427.295, or on judicial review
of orders of the Psychiatric Security Review Board under ORS 161.385 (9) or orders of the State
Board of Parole and Post-Prison Supervision.
l(3)J (4)IFiling and appearance fees shall be assessed in an appeal from an appeal to a circuit
court from a justice court or municipal court in an action alleging commission of a state offense
Enrolled House Hill 2287 (HH 2287.B)
Page 23
designated as a violation or an action alleging violation of a city charter or ordinance, but not in
an action alleging commission of a state crime.
l(4)J (5) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTION 29. (1) The amendments to ORB 21.010 by section 28 of this 2009 Act apply only
to filings and appearances made on or after October 1, 2009, and before July 1, 2011.
(2) All fees imposed under the amendments to ORS 21.010 by section 28 of this 2009 Act
shall be deposited in the Judicial System Surcharge Account.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under the amendments to ORS 21.010
by section 28 of this 2009 Act.
SECTION 30. ORS 21.010. as amended by section 28 of this 2009 Act, is amended to read:
21.010. (1) Except as provided in this section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $154 in the
manner prescribed by ORS 19.265. The respondent in such case and any other p~rson appearing in
the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State
Court Administrator the sum of $154. The party entitled to costs and disbursements on such appeal
shall recover from the opponent the amount so paid.
[(2) Except as prouided in this section, the appellant in an appeal or the petitioner in a judicial
reuiew in the Supreme Court or the Court of Appeals shall pay $154 for each additional person named
as an appellant or petitioner. The respondent in such case, and any other person appearing in the ap-
peal, shall pay $154 to the State Court Administrator for each additional person named as a respond.
ent. The party entitled to costs and disbursements on such appeal shall recover from the opponent the
amount so paid.]
[(3)J (2) Filing and appearance fees may not be assessed in appeals from habeas corpus pro-
ceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court
under ORS 419A.200 and the involuntary commitment of persons determined to be mentally ill under
ORS 426.135 or persons determined to be mentally retarded under ORS 427.295, or on judicial review
of orders of the Psychiatric Security Review Board under ORS 161.385 (9) or orders of the State
Board of Parole and Post-Prison Supervision.
l(4)J (3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit
court from a justice court or municipal court in an action alleging commission of a state offense
designated as a violation or an action alleging violation of a city charter or ordinance, but not in
an action alleging commission of a state crime.
[(5)J (4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTION 31. The amendments to ORS 21.010 by section 30 of this 2009 Act become op-
erative July 1, 2011.
SETILEMENT CONFERENCE FEE
SECTION 32. (1) In any civil proceeding subject to a fee under ORB 21.110, 21.111, 21.114
or 21.310 in which the parties request a settlement conference before a judge, or in which a
settlement conference before a judge is required by law.. or by the court, each party partic.
ipating in the conference shall pay a $50 fee to the court before the conference is conducted.
(2) Notwithstanding ORS 3.428 (3), the fee required under subsection (1) of this section
must be paid when parties request a settlement conference through a family law facilitation
program.
(3) The fee imposed under this section applies only to settlement conferences conducted
on or after October 1, 2009, and before July 1, 2011.
(4) All fees imposed under this section shall be deposited in the Judicial System Sur-
charge Account.
Enrolled House Bill 2287 (HB 2287.B)
Page 24
(5) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
APPELLATE CONTINUANCE FEE
SECTION 33. (1) In any proceeding in the Court of Appeals or Supreme. Court, the clerk
of the court shall collect a fee of $50 from any party filing a motion for continuance or a
motion for an extension of time for the filing of a brief or other document in the proceeding.
(2) The fee imposed under this section applies only to motions filed on or after October
1, 2009, and before July 1, 2011.
(3) All fees imposed under this section shall be deposited in the Judicial System Sur-
charge Account.
(4) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
COLLECTION ACCOUNT FEES
SECTION 34. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this state, and all commissions, departments
and divisions of the judicial branch of state government, shall add a fee of not less than $50 and
not more than [$1001 $200 to any judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall be added to cover the cost of establishing
and administering an account for the debtor and shall be added without further notice to the debtor
or further order of the court. The fee shall be added only if the court gives the defendant a period
of time in which to pay the obligation after the financial obligation is imposed. Fees under this
subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and all commissions, departments and
divisions of the judicial branch of state government, that use the Department of Revenue or private
collection agencies shall add a fee to any judgment referred for collection that includes a monetary
obligation that the state court or the commission, department or division is charged with collecting.
The fee shall be added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without further notice to
the debtor or further order of the court. The fee may not exceed the actual costs of collection
charged by the Department of Revenue or private collection agency. Fees under this subsection
shall be deposited in the Judicial Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) A court may not waive or suspend the (ees required to be added to judgments under the
provisions of this section.
SECTION 35. (1) The amendments to ORS 1.202 by section 34 of this 2009 Act apply only
to judgments entered on or after OCtober 1, 2009, and before July 1, 2011.
(2) Notwithstanding ORB 1.202 (1), all fees imposed under ORS 1.202 (1) after October 1,
2009, and before July I, 2011, that are in excess of $100 shall be deposited in the Judicial
System Surcharge Account.
(3) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under ORS 1.202 (1) that are in excess
of $100 pursuant to the amendments to ORS 1.202 by section 34 of this 2009 Act.
SECTION 36. ORS 1.202, as amended by section 34 of this 2009 Act, is amended to read:
1.202. (1) All circuit courts and appellate courts of this state, and all commissions, departments
and divisions of the judicial branch of state government, shall add a fee of not less than $50 and
not more than {$200J $100 to any judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall be added to cover the cost of establishing
and administering an account for the debtor and shall be added without further notice to the debtor
or further order of the court. The fee shall be added only if the court gives the defendant a period
of time in which to pay the obligation after the financial obligation is imposed. Fees under this
subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and all commissions, departments and
divisions of the judicial branch of state government, that use the Department of Revenue or private
collection agencies shall add a fee to any judgment referred for collection that includes a monetary
obligation that the state court or the commission, department or division is charged with collecting.
The fee shall be added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without further notice to
the debtor or further order of the court. The fee may not exceed the actual costs of collection
charged by the Department of Revenue or private collection agency. Fees under this subsection
shall be deposited in the Judicial Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) A court may not waive or suspend the fees required to be added to judgments under the
provisions of this section.
SECTION 37. (1) The amendments to ORS 1.202 by section 36 of this 2009 Act become
operative on July 1, 2011:
(2) The amendments to ORB 1.202 by section 36 of this 2009 Act do not affect any fee
imposed before July 1, 2011, and all amounts added to judgments under the amendments to
ORB 1.202 by section 36 of this 2009 Act that are collected on or after July 1, 2011, shall
continue to be deposited in the Judicial System Surcharge Account.
EX PARTE ORDER OR JUDGMENT FEE
SECTION 38. (1) In any civil proceeding subject to a fee under ORS 21.110, 21.111, 21.114
or 21.310, the clerk of a circuit court shall collect the sum of $10 for filing or submission of
an ex parte order or judgment for the purpose of signature by the judge and entry.
(2) The fee established under this section may not be collected for filings or submissions
in small claims actions.
(3) The fee imposed under this section applies only to ex parte orders or judgments filed
or submitted on or after October 1, 2009, and before July 1, 2011.
(4) All fees imposed under this section shall be deposited in the Judicial System Sur-
charge Account.
(5) The collections and revenue management program established under ORB 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
INTERIM COMMITTEE ON STATE JUSTICE SYSTEM REVENUES
SECTION 39. (1) There is created the Interim Committee on State Justice System Re-
venues, consisting of three members of the Senate appointed by the President of the Senate
and three members of the House of Representatives appointed by the Speaker of the House
of Representatives. The Chief Justice of the Supreme Court and the Oregon State Bar shall
designate nonvoting liaisons to the interim, committee.
(2) The interim committee shall conduct a review of all existing Judicial Department fees,
fines and surcharges. The review shall identify:
(a) How the current revenue structure was developed, including when fees, fmes and
surcharl';'es were imposed and adjusted;
(b) Any deficiencies in the current revenue structure;
(c) All revenues generated under the current revenue structure, including revenues from
fees and charges established by order of the Chief Justice;
(d) The distribution processes for all revenues generated under the existing revenue
structure;
Enrolled House Bill 2287 (HB 2287.B)
Page 26
(e) How revenues generated from fees and surcharges affect low-income individuals;
(f) The feasibility of implementing a program to accelerate and enhance collections of
fines and assessments; and
(g) The feasibility of collecting a portion of outstanding debts through renegotiation of
fines and assessments, or use of community service, in connection with programs such as
Project Clean Slate.
(3) The interim committee shall develop recommendations, including draft legislation, on
improvements to the existing revenue structure. The recommendations should be based on
the following principles:
(a) Simplification of the revenue collection and distribution process, minimization of ad-
ministrative and public costs, and transparency in the revenue collection process;
(b) Preservation of, or improvement to, state judicial system access;
(c) Ensuring legislative oversight of all state judicial system revenue collections, dis-
tribution and use; and
(d) Where practical, aligni~g justice system access and costs with the revenues collected.
(4) The interim committee shall receive periodic reports from the Judicial Department
on all revenue collected by the department, including revenues from the temporary sur.
charges and fees imposed under this 2009 Act and revenues from fees and charges established
by order of the Chief Justice, and prepare reports to the Legislative Assembly on the revenue
forecast for those surcharges, fees and charges. If a special session is held during 2010, a
report shall be made to the Seventy.fifth Legislative Assembly within five days after the
special session is convened. In addition, a final report by the committee shall be made to the
Seventy-sixth Legislative Assembly in the manner provided in ORS 192.245.
(5) The interim committee shall receive periodic reports from the Judicial Department
and other justice system entities. The reports shall address the status of the justice system,
including caseloads, the costs of resentenCing defendants and other factors affecting the
operating needs of the justice system during the 2009-2011 biennium.
(6) The interim committee shall recommend distribution to justice system entities of
surcharge and fee revenues generated under this 2009 Act.
(7) A majority of the members of the interim committee constitutes a quorum for the
transaction of business.
(8) Official action by the interim committee requires the approval of a majority of the
members of the interim committee.
(9) The President of the Senate shall designate one of the members appointed by the
President to serve as co-chair of the interim committee. The Speaker of the House of Rep-
resentatives shall designate one of the members appointed by the Speaker to serve as co-
chair of the interim committee.
(10) If there is a vacancy for any cause, the appointing authority shall make an appoint-
ment to become immediately effective.
(I1) The interim committee shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the interim committee.
(12) The interim committee may adopt rules necessary for the operation of the interim
committee.
(13) The Legislative Fiscal Office, the Legislative Administrator and the Judicial Depart-
ment shall provide administrative support to the interim committee.
(14) All agencies of state government, as defined in ORS 174.111, are directed to assist
the interim committee in the perfonnance of its duties and, to the extent pennitted by laws
relating to confidentiality, to furnish such information and advice as the members of the
interim .committee consider necessary to perform their duties.
SECTION 40. Section 39 of this 2009 Act is repealed on the date of the convening of the
next regular biennial legislative session.
Enrolled House Bill 2287 (HB 2287-B)
Page 27
CAPTIONS
SECTION 41. The unit captions used in this 2009 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act.
EMERGENCY CLAUSE
SECTION 42. This 2009 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect
on its passage.
Passed by House June 26. 2009
Received by Governor:
.M.................
..............., 2009
Chief Clerk of House
Approved:
........M...........
............2009
Speaker of House
Passed by Senate June 29, 2009
Governor
Filed in Office of Secretary of State:
President of Senate
........................M......
........2009
Secretary of State
Enrolled House Bill 2287 (HB 2287-8)
Page 28
1"'<:"I,~QClraf~PP',I.~~!.t.9-,:".~Y.'(9":"E:,~~~,_.,_
r:-.~Y~".,I,,_'I
From:
To:
Date:
Subject:
Vicki Christensen
Richard Appicello
06/02/2008 9:52:25 AM
Fwd: FEES
>>> Vicki Christensen OS/28/08 4:26 PM >>>
Fees that Court has at this time:
Collection fee-$1 00.00
Compliance fee-$25.00
Court fee up to $1 00.00 (varies on conditions)
Criminal Diversion fee (varies on charges)
Deferred Sentencing fee (varies on charges)
Dismissal fee up to $100.00 (varies on conditions)
Domeslic Partner fee - $25.00
Infraction Diversion fee (varies on charges)
Non Sufficient Funds fee (set by what the bank charges the cily) $24.00 at this time
Suspension fee - $50.00
Traffic Diversion fee depends on the base fine (from 97.00 up to 500.00 sometimes' more based on the
charge)
Warrant fee-$25.00 to $100.00
Copy fee - based on resolution 2007-44
Public Record fee - based on resolution 2007-43 & 2007-44
We also have Court Appointed Attorney Reimbursement fee, but no sure if that is to be included in the fee
category .
...
'.. - ,. ",~,
J
CITY Of
ASHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 14.06 relatin~ to Water Curtailment
Meeting Date: April 20, 2010 Primary Staff Contact: Michael R. Faught
Department: Public Works E-Mail: faughtm@ashland.or.us
Secondary Dept.: N/ A Secondary Contact: Richard Appicello
Approval: Martha Bennett Estimated Time: 15 minutes
Question:
Should the City Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance relating to Water Curtailment, Definitions, Exhibits, Determination of Water Shortage,
Water Curtailment Stages, Exemptions and Appeals, and Amending Sections 14.06.010 through
14.06.060"?
Staff Recommendation:
Staff recommends Council approve the Second Reading and adopt the Ordinance.
Background:
At the April 6, 2010 City Council meeting, the Council approved First Reading with proposed
changes; the changes are incorporated into the attached Ordinance and identified by highlighting.
During the staff presentation, the City Council identified the following areas of concern regarding the
proposed Water Curtailment Ordinance:
1. The Water Allocation Table provides customers who have both residential and irrigation meters
an extra allotment of water than those customers with just a residential meter. As an example,
stage I of curtailment allots a customer with both residential (3,600 cf) and irrigation meters
(1,800 cf) equaling a total of 5,400 cf, as compared to a customer with a residential meter only
who is allocated 3,600 cf.
As staff reviewed the rationale for approving an additional irrigation meter for the existing 79
customers who have both residential and irrigation meters, it was determined that most of the
approved irrigation meters were recommended by the conservation staff following an on-site
evaluation where staff agreed that the customers need (size of lot/pervious area) warranted the
additional water allocation during the effected stages of curtailment. Given that the cost to
install the additional irrigation meter is substantial and the need was evaluated by the
conservation staff, staff is recommending that the additional irrigation meter allocations for
those customers not change. This is consistent with the water conservation staffs
recommendation to evaluate water budgeting in the future.
However, if the Council decides to reduce the amount of water used by those customers with
both irrigation and residential meters, staffrecommends adding the following language to the
bottom of the Allocation Table in AMC 14.06.015 Water Allocation Table:
Page I of4
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CITY Of
ASHLAND
* for those residential customers that have both irril!ation and residential meters.
the total monthly water allotment shall not exceed the residential allocation for
each of the curtailment stal!es.
2. The Water Curtailment Code includes a restriction on wasting water (AMC 14.06.010) and
concerns were expressed as to why a resident restricted to xxx cf per month could not make his
or her own decision as to how to use the allotted water at each stage of curtailment
The recommendation to remove "waste" restrictions from the water curtailment ordinance has
both positive and negative impacts. The positive side of removing the "waste" restriction is
that water customers would be able to manage their water allotment based on their own needs
and priorities.
The negative side of removing "waste" restrictions is as follows:
. It removes the option of the City Administrator to declare a prohibition of water waste
prior to implementing stage I of the curtailment ordinance.
. It could impact the City's water conservation efforts where staff promotes the "right
water for the right use," such as the most efficient irrigation use (not watering during
the hottest temperatures of the day, water runoff into street, sidewalk alley or adjacent
property, or washing vehicles without shutoff nozzle).
. The current restriction on both water allotment and ",waste" has a positive track record
resulting in immediate reductions in water use. In addition, the City has never been
required to implement a stage 2 or higher curtailment. If customers are allowed to use
their full allotment, including currently prohibited waste activity, it is possible that the
City might have to move to higher curtailment stages.
If the Council decides to remove "waste" restrictions from the Water Curtailment Ordinance,
sections 14.06.010 Definitions, 14.06.020 Determination of water shortage, and 14.06.030
Water Curtailment stages, should be amended to remove all reference to waste. The specific
amendments are as follows:
J. "~'aste" MeaRS:
1. To use City wllter to irriellte outsille plllots:
II. Betweeo the hours of 10:00 Il.m. 110118:00 p.m. MIlY throueh July or betweeo 10:00
Il.m. 11011 7:00 p.m. Aueust throul:!:h October, except thllt IIrip irrielltioo systems
mil'" be uselllluriof: these times.
b. io such II mllooer liS to result io ruooff 00 II street, sillewlllI., Illlev or Illlillceot
property for more thllo fi'ie mioutes.
2. To use City wllter to Wllsh sillewlllks, wlllI.WIlVS, streets, IIrivewllYs. Pllrldof: lots, opeo
f:rouoll or other hllrll surfReell Ilrells ellcept where oeceSSllrV fer public helllth or
Sllfet....
3. To 11110"" City wllter to escllPe from brelll.s withio II plumbiof: system for more thllo 21
hours after the persoo who owos or is io eootrol of the system is ootifiell or lIiseoYers
the brenl..
Page 2 of 4
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CITY Of
ASHLAND
1. To use City wllter to Wllsh ellrs, bOlltS, trllilers, Ilirerllft. or other yehieles b': hose
without usio!:: Il shutoff oozzle exeept to wllsh sueh vehieles Ilt eommereilll or Ileet
vehiele wllshio!:: flleilities usio!:: wllter recyelio!:: elluipmeot.
S. To scrve City wllter for IIrioldol:!: Ilt Il restllurllot. hotel. cllfe. cllfeterill or othcr publie
plllce where feoll is solll, seryell or offerell for sllle. to aoy persoo uoless expressly
'rclluestellbY sueh persoo.
(I. To use City wllter to clean, fill or maiotllio lIeeorlltive fountllios. 11l1,es or ponlls uoless
all sueh wllter is reeireullltell.
7. Except fer purposes of builllinl:!: eonstruetioo. to use City wllter fer eoostruetioo,
comPllction. lIust cootrol, elelloinl:!: or wettiol:!: or for builllin!:: '1I'llshllowo (elleept io
prepllrlltion for Pllintio!::).
8. To use City wllter f-or fillin!:: swimmiol:!: pools or for fillio!:: to'I. plllY or other pools with
Il cllPlleity in exeess of 100 l!llllons, proyillell. however, thllt wllter mllY be Illlllell to
swimmio!:: pools to replllce yolume los lIue to eYIlPorlltioo.
11.0(1.020 (A)
prohibit wllste IlS lIefinell io sectioo 11.0(10.010
11.0(1.020 (B)
terminllte wllste prohibitions or
11.0(1.030 Wllter Curtllilmeot 8tlll:!:es
Durin!:: Ilny stlll:!:e, 00 persoo shllll wllste City wllter.
3. Whether or not it is appropriate to use potable water for residential gardens or increase the
allocation by 25%.
Ifthe City Council determines that they do not want to provide an additional 25% allotment for,
customers, staff recommends removing the proposed language "6. For residential l!ardens
where water supplv reductions will result in loss of food production crops. residential
water curtailment rates identified in the Water Allocation Table can be increased UP to
25% after confirmation bv the City that the account has instituted all applicable water
efficiency improvements." in AMC 14.06.060 Exemptions and Appeals
Related CitY Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
I. Move to approve Second Reading and adopt the Ordinance.
2. Council can postpone Second Reading.
Page) of 4
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Potential Motions:
Staff: [Conduct Second Reading of the ordinance by title only.]
Council: Motion to approve Second Reading and adopt the Ordinance.
Attachments:
. Amended Ordinance
Page 4 of 4
CITY Of
ASHLAND
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ORDINANCE NO.
AN ORDINANCE RELATING TO WATER CURTAILMENT, DEFINITIONS, EXHIBITS,
DETERMINATION OF WATER SHORTAGE, WATER CURTAILMENT STAGES,
, EXEMPTIONS AND APPEALS, AND AMENDING SECTIONS 14.06.010 THROUGH
14.06.060
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" .. H.' and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the City desires to amend the water curtailment ordinance.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Sections 14.06.010 [Definitions] through 14.06.060 [Exemptions and
Appeals] are hereby amended to read as follows:
14,06.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed as
defined in this section unless from the context a different meaning is intended.
A. "Billing period" means that period used by the City for the reading of water
meters consisting of approximately 30 calendar days.
B. "City water" means water sold or delivered by the City of Ashland and includes
Talent Irrigation District water delivered through the City's water system.
C. "cr' means cubic feet.
D. "Customer" means that person or persons designated in City records to receive
bills for water service.
E. "Multi-family dwelling" means a building containing two or more residential units.
F. "Outside plants" means grass, lawns, ground-cover, shrubbery, gardens, crops,
vegetation and trees not located within a fully enclosed building.
G. "Permanent resident" means a person who resides at the dwelling at least five
Page 1 of 7
"
days a week, nine months a year.'
H. "Temporary or Drop-In Guest" means a person who resides at the dwelling less
than 3 consecutive months per year.
I. "Water Allocation Table" means that table of meter types and sizes and
maximum volumes of water set forth in AMC 14.06.015. Exhibit "N' attached to
this Ordinance.(See section 14.06.010 Exhibits for water table)
J. "Waste" means:
1. To use City water to irrigate outside plants:
a. Between the hours of 10:00 a.m. and 8:00 p.m. May through July or
between 10:00 a.m. and 7:00 p.m. August through October, except that
drip irrigation systems may be used during these times.
b. in such a manner as to result in runoff on a street, sidewalk, alley or
adjacent property for more than five minutes.
2. To use City water to wash sidewalks, walkways, streets, driveways, parking
lots, open ground or other hard surfaced areas except where necessary for
public health or safety.
3. To allow City water to escape from breaks within a plumbing system for more
than 24 hours after the person who owns or is in control of the system is
notified 'or discovers the break.
4. To use City water to wash cars, boats, trailers, aircraft, or other vehicles by
hose without using a shutoff nozzle except to wash such vehicles at
commercial or fleet vehicle washing facilities using water recycling equipment.
5. To serve City water for drinking at a restaurant, hotel, cafe, cafeteria or other
public place where food is sold, served or offered for sale, to any person
unless expressly requested by such person.
6. To use City water to clean, fill or maintain decorative fountains, lakes or
ponds unless all such water is re-circulated.
7. Except for purposes of building construction, to use City water for
construction, compaction, dust control, cleaning or wetting or for building
washdown (except in preparation for painting).
8. To use City water for filling swimming pools or for filling toy, play or other
pools with a capacity in excess of 100 gallons, provided, however, that water
may be added to swimming pools to replace volume loss due to evaporation.
K. "HOA" means Home Owners Association
14.06.015 14.06.010)', Water Allocation Table Exhibits.
The '.llJater Allocation Table set forth below is substituted for the '.^.later Allocation
Table adopted as Exhibit.'\ and defined in section 14.06.010.1.
WATER ALLOCATION TABLE (IN CUBIC FEET)
CATEGORY METER METER STAGE 1 STAGE 2 STAGE 3 STAGE 4
TYPE SIZE
Res Irrig A 0.75 1800 600 100 0
Res Irria 8 1.00 1800 600 100 0
Res Irria C 1.50 1800 600 100 0
Page 2 of 7
Res Inla.' {) 2.00 1800 600 100 0
Com IrrfO A 0.75 3200 1100 100 0
Com Irria 8 1.00 6100 2100 200 0
Com Irria G 1.50 10400 3700 400 0
Com Irria {) 2.00 15200 5300 500 0
Com Irria E 3.00 30400 10600 1100 0
Gov Irria A 0.75 3200 1100 100 0
Gov Irria 8 1.00 6100 2100 200 0
Gov Irrig G 1.50 1 0400 3700 400 0
Gov Irria {) 2.00 15200 5300 500 0
Gov I rria E 3.00 30400 10600 1100 0
Gov Irria f: 4.00 48100 16800 1700 0
TID Irria f: 4.00 48100 16800 1700 0 ,
Comm=1 A 0.75 6400 4800 3200 1600
CATEGORY METER METER STAGE 1 STAGE 2 STAGE 3 STAGE 4
+tPE SIZE
Comm=1 8 1.00 12200 9200 6100 3100
Comm=1 G 1.50 20900 15600 10400 5200
Comm=1 {) 2.00 30400 22800 15200 7600
Comm=1 E 3.00 60800 45600 30400 15200
Comm=1 f: 4.00 96200 72200 48100 24100
Comm=1 G 6.00 186400 139800 93200 46600
Comm=1 W 8.00 304400 228300 152200 76100
Condo/Multi AU All 2700 2000 1300 700
Familv
Resid=1 A 0.75 3600 2500 1800 900
Resid=1 8 1.00 3600 2500 1800 900
Resid=1 G 1.50 3600 2500 1800 900
14.06.020 Determination of water shortage.
A. The City Administrator is authorized to prohibit waste as defined in section
14.060.010 or implement water curtailment stages upon determination that a water
shortage emergency conditions exists. Such determination shall be based on an
analysis of the demand for water in the City, the volume of water in Reeder
Reservoir, the standard drawdown curve for Reeder Reservoir, the projected
curtailment date for Talent Irrigation District water and flows in the east and west
Page 3 of 7
forks of Ashland Creek. The determination of the City Administrator under this
section shall be effective until the next council meeting following such determination
at which time the council shall either ratify or invalidate the determination.
B. The City Administrator is authorized to terminate waste prohibitions or water
curtailment stages upon determination that a water shortage emergency condition no
longer exists. Such determination shall be based upon factors listed in section
14.06.020 and the billinq cvcle. The termination shall be effective until the next
council meeting following the determination of the City Administrator at which time the
council shall either ratify or invalidate the determination.
14.06.030 Water curtailment stages.
Depending on the severity of the potential water shortage, the City Administrator may
implement the following water curtailment stages. During any stage, no person shall
waste City water.
Stage1. The following restrictions are effective during water curtailment Stage 1:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 1 in
the Water Allocation Table. .
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from Stage 1 restrictions if their water
consumption is otherwise reduced by 20% from the volume of water delivered in
the same billing period for the first previous non-water curtailment year.
Stage2.The following restrictions are effective during water curtailment Stage 2:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 2 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from Stage 2 restrictions if their water
consumption is otherwise reduced by 30% from the volume of water determined
under Stage 1.
Stage3.The following restrictions are effective during water curtailment Stage 3:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 3 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from 3 restrictions if their water
consumption is otherwise reduced by 40% from the volume of water determined
under Stage 2.
Page 4 of 7
Stage4.The following restrictions are effective during water curtailment Stage 4:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 4 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities may have separate account allotments combined into
one "agency" allotment and are exempt from Stage 4 restrictions if their water
consumption is otherwise reduced by 50% from the volume of water determined
under Stage 3.
3. No City water shall be used to irrigate outside plants, except for trees, shrubs
and food plants. If the customer has an irrigation meter, the irrigation meter shall
not be used. The watering of trees, shrubs and food plants shall be through the
non-irrigation meter and the total allocation shall not exceed the amount allowed
for the non-irrigation meter.
14.06.060 Exemptions and Appeals.
A. Any person who wishes to be exempted from a restriction imposed by any water
curtailment stage shall request an exemption in writing on forms provided by the City
and file the request for exemption in writing with the Utility Billing Office.
B. Requests will be reviewed after a water audit is conducted by the City and a
determination made by the utility billing account representati'.'e Conservation
Analvst as to the validity of the request for an exemption. No exemptions will be
considered until the City has conducted a water audit.
C. Exemptions may be granted for the following:
1. Any person with substantial medical requirements as prescribed in writing by a
physician. Examples would be hydrotherapy pools or life support systems.
2. Residential connections with more than four permanent residents in a single
family residence or three permanent residents per unit in a multi-family dwelling
can receive up to 350 cf per month per additional permanent resident. A census
may be conducted to determine the actual number of permanent residents per
living unit. Temporary or drop-in guests will not be considered for additional
allocations.
3. For commercial or industrial accounts where water supply reductions will result in
unemployment or decrease production, after confirmation by the City that the
account has instituted all applicable water efficiency improvements.
4. For any other reason upon showing of good cause and where necessary for
public health or safety.
5. For commercial accounts where water meter is undersized (as determined under
the Uniform Plumbing Code) for the current occupancy, the allocation for such
accounts may be increased up to the allocation for the water meter size
designated for such occupancy in the Uniform Plumbing Code.
6. For residential Qardens where water supplv reductions will result in loss of
food production crops, residential water curtailment rates identified in the
Water Allocation Table can be increased UP to 25% after confirmation bv
Page 5 of 7
the City that the account has instituted all applicable water efficiency
improvements.
D. Exemptions will not be allowed for steam cleaning or similar uses of water. The
amount allocated for any given customer will include such uses and no additional
allocation will be allowed.
E. The utility billing account representative Conservation Analvst shall report to
the Director of Public Works the findings and conclusions resulting from the review.
The Director shall approve or deny the request for exemptions and may impose
conditions. Such conditions may include the amount volume restrictions may be
exceeded and that all applicable plumbing fixtures or irrigation systems be replaced
or modified for maximum water conservation. If the Director and the applicant are
unable to reach accord on the exemption, or if the applicant is dissatisfied with the
decision, the applicant may appeal to the City Administrator in writing who will make
the final determination.
F. Except for an exemption granted under section 14.06.060.C.1, C.2 and C.5, the
water consumption surcharge specified in section 14.06.080 shall apply to all
exemptions.
SECTION 2. Section 14.06.090 [Penalties and enforcement] is hereby amended to read
as follows:
14.06.090 Penalties and enforcement.
The penalties for violations of this chapter shall be cumulative in that they may be in
addition to, not in lieu of, other penalties, remedies or surcharges established by this
chapter.
A. A person shall not violate or procure, aid or abet in the violation of any provision
of this chapter. A violation of any provision of this chapter is a Class B violation
an infraction and shall be punished as set forth in section 1.08.020 of the
Municipal Code.
B. If a customer exceeds the maximum volume for more than one billing period, the
City may install a flow restricting device at the service meter which reduces water
flow and pressure. For services up to one and one-half inch size the City may
install a flow restricting device of two gallon-per-minute capacity; and for larger
services, comparatively sized restricting devices for larger services, for a period
of seven days. Before normal service will be restored, a flow restrictor
installation and removal charge of $100 shall be paid by the person who
subscribes for the water service.
C. Service may be terminated to any customer who knowingly and willfully violates
any provision of this chapter.
Page 6 of 7
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savinas. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil ,enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 3-
4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 7 of 7