HomeMy WebLinkAbout2009-0421 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 21, 2009
Council Chambers
1175 E. Main Street
6:30 p.m. Reception honoring Ashland Woodlands & Trails Association - Lobby
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
Ill. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of April 6, 2009
2. Regular Council of April 7, 2009
3. Joint Council/Parks Commission of March 12, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Ragland Award [5 minutes]
2. Annual report of Rogue Valley Council of Governments (RVCOG) [10 minutes]
VII. CONSENT AGENDA [5 minutes]
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should the Police Department apply for a grant from the United States Department of
Justice under the Byrne JAG grant program to fund an additional 605 hours of park
patrol for each of the next four years? .
3. Does the Council wish to confirm Mayor annual appointments to the various
Commissions and Committees?
4. Will Council approve authorization for new Airport Lease Agreement?
5. Will Council approve Resolution for Standards of Cover for Ashland Fire and
. Rescue?
6. Should Council approve a Resolution authorizing the City Administrator, Finance
Director or designee to enter into a Full Faith & Credit financing agreement to
reimburse the City for capital costs on Water and Wastewater projects?
7. Does the Council wish to approve a Liquor License Application from Mark Rosewood
dba T's at 303 East Main Street?
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. All hearings must conclude by 9:00
p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds
vote of council {AMC §2.04.050))
1. Should Council approve first reading of ordinance amendment to the Ashland Land
Use Ordinance (ALUO) adding Chapter 18.63 Water Resource Protection Zones and
first reading of ordinance amendments related amendments of the ALUO and
Comprehensive Plan regarding the protection of wetlands, streams and riparian
corridors? [2 hours]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does the Council wish to make the annual appointment to the Audit Committee with
term ending 4/30/2012?"
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve the second reading of an ordinance titled
"An Ordinance amending the Ashland Land Use Ordinance Sign Regulations
Chapter (AMC 18.96) Concerning Recommendations for Additional signage by the
2008 Downtown Task Force? [5 Minutes]
2. Should the Council conduct and approve the first reading of an ordinance titled, "An
Ordinance Amending AMC 2.28.045, Relating to Delegations of Authority to the City
Administrator, Providing for Authority to Extinguish City Interests in Real Property less
than Fee Title, Authority to Enter into Month to Month Leases of Real Property,
Authority to Administratively Waive Food and Beverage and Transient Occupancy
Tax Penalties, Amending AMC 4.24.070 and Amending AMC 4.34.060?" [5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
None.
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US
CITY COUNCIL STUDYSESSION
April 6, 2009
Page 1 of 2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, April 6, 2009
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:32 p.m.
Councilor Navickas, Lemhouse, Voisin, Jackson, Silbiger and Chapman were present.
1. Look Ahead Review.
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Discussion regarding placing some or all of the City's Tier 2 Electric load on Northwest
Requirements Utilities, LLC.
Director of Electric Utilities Dick Wanderscheid reviewed the staff recommendation thatthe City purchase Tier
2 power from Bonneville Power Administration (BPA) instead of Northwest Requirement Utilities (NRU)
through the Northwest Intergovernmental Energy Supply (HIES). If the City chose to move some or the entire
Tier 2 Electric load to NRU, the maximum savings at 2028 would be approximately $160,000 with the
possibility of no savings at all. The savings compared to the operating costs and fees the City would incur in
managing two separate contracts for twenty years does not justify the effort. Currently it made sense to stay
with BPA. The 2-3 year rate period would provide the City the opportunity to switch to NRU in the future.
Mr. Wanderscheid further explained the City is committed to purchasing 21.59 average megawatts (MW) from
BPA. If that amount is not used, BPA will remarket it into the Tier 1 Pool. Ashland would not receive credit
but if everyone in the Tier 1 Pool used less power than allocated, BPA would resell and credit it back to the
Tier 1 Pool reducing the price. He commented the City has never paid for power it did not use and added that
load and population growth almost correlated and that electric consumption per capita has stayed flat for the
last 25 years.
3. Discussion of two separate Ordinances, one amending the Sign Code Chapter 18.96, and one
amending the Site Design Review Chapter 18.72.030 of the Ashland Land Use Code.
Community Development Director Bill Molnar explained what the Downtown Task Force was chartered to
accomplish and that amending the two ordinances was the next phase in the process.
Senior Planner Brandon Goldman provided a presentation that included:
• Downtown Task Force Recommendations
1. Additional Exempt includes incidental signs, open signs with 3 square foot (sq.ft.) allowance
2. Small three-dimensional (313) signs Downtown with 3 cubic foot (cu.ft.) allowance
3. Larger 3D signs outside of the Downtown with 20 cubic ft allowance
4. Exemption for Public Art
5. Allow for portable Sandwich boards and Pedestal Signs
6. Allow for City installed identification signs
7. Allow additional signs for Multi-Sided Buildings (City Council Directed)
8. Increase Projection Distance for Signs
• Key Sign Code Changes
• Area Definition
• New Area Definition
• Equal Areas
• Public Art Definition
Mr. Goldman clarified that art on private property not commissioned by the City and installed as part of the
Public Arts program, was considered a sign. City Administrator Martha Bennett added the sign code could
regulate time, place and manner but not content. The procedure required donating the object to the City,
establishing an easement and following the Public Art Commission process. The donation could be temporary
or the property owner could donate space for the City to provide its own art.
CITY COUNCIL STUDYSESSION
April 6, 2009
Page 2 of 2
• Construction and Real Estate Signs
City Attorney Richard Appicello noted staff would strike the language on page 2 of the ordinance, Section
18.96.020(10) Construction sign, following the word "construction."
• Multi Sided Buildings Proposed amendments would allow:
1. Maximum allowable signage Downtown: Existing Signage in conformance with code (40'
frontage)
2. Exempt Incidental Signs: New 3sq.ft. `Incidental' Sign, 7sq.ft. total (no permit required)
3. Exempt Incidental Sign as Portable sign: New 3sq.ft Portable Sign (permit required)
4. Exempt Incidental Sign as small 3-D sign: New 3cu.ft. 3-D Sign
5. Portable Sign Location: Must be on private property, no interference with ingress and
egress
• Three Dimension Sign Provisions
• Three Dimensional Sign Provisions for Downtown Commercial and Historic Districts
• Three Dimensional Sign Volumes for Commercial Districts
• Portable Sign Provisions
• Portable Sign Provisions
• Review History
• Next Step: City Council Public Hearing -First Reading 4-7-2009
The Council discussed with staff the duration of the Sign Code review, permits, and enforcement and
temporary signs. Ms. Bennett explained past enforcement started with a letter asking for voluntary compliance
prior to citation and added the City had not issued any citations to date.
Meeting was adjourned at 7:05 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page I of 8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 7, 2009
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 Stromberg noted that a Proclamation had been added to the agenda.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor announced current positions available for appointment to the Planning Commission, Public Arts
Commission and Tree Commission.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of March 16, 2009, Executive Session minutes of March 17, 2009 and
Regular Council minutes of March 17, 2009 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamations of April as "Donate Life Month," April 19-25 as "Independent Media Week" and April 5-11 as
"Arbor Week" were read aloud.
Jason Houk/277 Harrison Street/Spoke as a member of the Independent Media Committee and voiced his
appreciation of the City for acknowledging and investing in Independent Media.
Amy Anderson, Assistant Planner and staff liaison to the Tree Commission introduced Tree Commissioner
Bobby Townsend and Derrik Bums from the Oregon Department of Forestry. Mr. Bums presented the award
for Tree City USA, for the 24`h consecutive year to the City of Ashland. Events planned during the month of
April to celebrate Arbor Week and Ashland's designation as a Tree City USA was announced.
Mr. Townsend shared achievements the Tree Commission accomplished over the past year. These included
providing a review and recommendations on Planning Actions, informing applicants of other tree care and
advice not part of recommendations backed by the land use ordinance, completing Goal Setting and continuing
education. The Commission is planning pruning clinics for homeowners to assist with street and sidewalk
clearance and leading "tree lectures" in conjunction with North Mountain Nature Center. The Commission
continues to have the opportunityto publish Back Page Articles in the Daily Tidings and host communitytree
walks. The Commission is also in the process of completing the Recommended Street Tree Guide update.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Helena Darling dba Palace
Cafe at 542 A Street?
3. Does the Council wish to adopt a resolution titled, "A Resolution Adopting the National Incident
Management System for Use in Emergency Situations?"
4. Will Council authorize the City Administrator to sign a revised Oregon Water Resources
Department Water Conservation, Reuse and Storage Grant agreement in the amount of $111,256?
5. Will Council approve two intergovernmental agreements with the Oregon Department of
Transportation to fund American Recovery and Reinvestment Act public works projects?
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 2 of 8
6. Will Council authorize the Mayor to sign an application for an ARRA/2009 Oregon Safe Drinking
Water Revolving Loan application to reconstruct the Granite Street, "B" Street, and Terrace Street
water lines and the Ashland Loop Road Pump Station and Storage Reservoir Improvement
Project?
Councilor Chapman/Silbiger m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Should Council award up to $165,367 in Community Development Block Grant funds to one or
more of the respondents to the Request for Proposals in compliance with eligibility criteria of the
Department of Housing and Urban Development?
Senior Planner Brandon Goldman briefly explained the award process for the Community Development Block
Grant (CDBG). Housing Program Specialist Linda Reid presented the staff report and recommendation the
Council award funding to the Housing Authority of Jackson County (HAJC).
Ms. Reid clarified that the City had been awarded $55,000 in stimulus money but were not aware of how these
funds would be offered or when the City would receive them.
Public Hearing Open: 7:30 p.m.
Denise James/Habitat for Humanity/PO Box 688, Medford/Introduced herself as the Executive Director for
Habitat for Humanityand explained the process used for building low-income homes. Overthe past 22 years
in the Rogue Valley, Habitat for Humanity has completed 34 homes with zero foreclosures. The proposal was
asking for $164,000 to purchase property that would accommodate six homes. The project would start the end
of 2009 with building beginning spring 2010. Habitat for Humanity would contribute a partial amount for the
property and seek sponsorships and donations to build each house.
Mr. Goldman explained the condition of approval for the proposed land was restricted and could only be used
for affordable housing. The City would ensure units put on the property complied with the original conditions
of annexation that stipulated they had to be affordable for a 20-year period for people at 80% median income.
Habitat for Humanity's proposal would provide units to a lower income level for a longer period.
Betty McRoberts/1011 Rustler Peak Street/Housing Authority of Jackson County (HAJC)/Provided
handouts on the Snowberry Brook project on Clay Street and explained how the funding would be used for
infrastructure improvements specifically two new streets, the front of the Cooper property and a right hand turn
lane at Clay Street and Ashland Street. The two new streets will increase the property value and required
coming to the Council for CDGB money to fund them. Original estimates were hurried and presented to the
Council incomplete. Now that actual contractor bids had come in, the cost for the project was $300,000 more
than originally projected She added it was expensive to use CDGB funds for the public procurement process
but having the two interior streets did increase the value of the property.
Ms. McRoberts clarified the Planning Commission required the right-turn lane at Clay Street and Ashland
Street from the previous planning approval regarding the annexation of the l0-acre property.
Becky Simpson/Pathway Enterprises/929 Buck Point, Central Point/Explained she was the CEO of
Pathway Enterprises and how the two group homes in Ashland provide support services for ten individuals
with disabilities. She shared Pathway Enterprises mission and described how the grant would help these
individuals live on their own by providing funds for three staff with Pathway Enterprises matching $30,000.
Ms. Simpson furthered explained other funding sources came from Jackson County and the Pathway
Enterprises Contracts division. The process would take longer to achieve without the CDGB award because
there are no other funds available. However, Pathway Enterprises will seek stimulus funds if applicable.
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 3 of 8
Mr. Goldman clarified that guidelines for stimulus funds were not established at this time.
Ms. Reid noted staff's recommendation to the Council to award HAJC the CDBG funding because it met the
highest priority need. Staff also recommended if the Council and Housing Commission awarded the full
amount to HAJC, that HAJC provide full street improvements instead of partial.
Mr. Goldman explained the right hand turn was an original requirement for the subdivision and that since
HAJC proposed a modification to the current subdivision instead of a new one, the previous condition of
approval stands. Staff was recommending full street improvements because the affordable housing units
meeting that level of affordability do not pay Systems Development Charges (SDC) and the property is
reserved for affordable housing. Staff saw this as an opportunity to leverage CDBG funds to benefit future
affordable housing even HAJC outlined it was cost prohibitive and the additional costs were considerable.
The original contractor was obligated to build the affordable housing units even though they had not fulfilled
the contract.
Public Hearing closed: 7:52 p.m.
The Housing Commission's strong support for the HAJC project was shared. The Commission felt the owner
of the subdivision was negligent in their responsibility to the City. The presentation by HAJC convinced the
Housing Commission to award them the full grant amount.
The Council was reluctant to change direction from the Clay Street project at this point. Funding the smaller
projects was equally important and awarding $20,000 to Pathway Enterprises was suggested.
Councilor Voisin/Navickas m/s to award $165,367 to the Housing Authority of Jackson County for
public facilities improvements to Clay street and interior streets. DISCUSSION: Councilor Navickas
commented it was unfortunate the developer was unable to move forward on building affordable housing on
the property and hoped the Council would not be prejudiced against future proposals because of the history
associated with the property. Councilor Jackson expressed support for Habitat for Humanity and agreed that
$20,000 should go to Pathway Enterprises. Councilor Lemhouse supported all the funding going to HAJC
noting the Housing Commission's efforts on the project.
Councilor Jackson/Chapman m/s to amend motion and reduce the Housing Authority of Jackson
County award by $20,000 and give that $20,000 to Pathway Enterprises. Roll Call Vote: Councilor
Chapman, Silbiger and Jackson, YES: Councilor Voisin, Navickas and Lemhouse, NO. Mayor
Stromberg, NO. Motion failed 3-4.
Roll Call Vote on original motion: Councilor Voisin, Jackson, Silbiger, Navickas and Lemhouse, YES;
Councilor Chapman, NO. Motion passed 5-1.
2. Should the Council approve first reading of ordinance amendments to the Sign Code Chapter of the
Ashland Municipal Code (18.96)? Should the Council approve first reading of ordinance
amendments to the Site Design Review Chapter of the Ashland Municipal Code (18.72.030) relating
to the installation of Public Art on buildings listed as contributing historic resources within a
Historic District?
Community Development Director Bill Molnar presented the staff report, noted the work by the Downtown
Task Force and the proposed changes to the Sign Code.
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 4 of 8
Senior Planner Brandon Goldman provided a presentation that included:
• Key Sign Code Changes
1. Area Definition
2. Public An Exemption
3. City Informational and Directory Signs
4. Except Incidental Signs
5. Portable Signs
6. 3-D signs
7. Multi-Sided Buildings
8. Projection Distance
9. Vehicular Sign Limitations
• Downtown Task Force Recommendations
• Public Art
• Three Dimensional Sign Provisions
• Three Dimensional Sign Volumes for Downtown Commercial, Historic and Commercial
Districts
• Portable Sign Provisions
• Multi-Sided Buildings
• Images of Sign Code Success
• Sign Ordinance 1968
• Images of Rooftop Signs, Neon and Graphics Signs, Billboards, Content Neutrality Signage
from the Past
• Recommendations
Mr. Golden noted a correction to the proposed ordinance regarding the definition of a construction sign that
would strike language referring to content. He explained there was not a 3-D sign limitation in terms of
location if a ground sign already exists. Three Dimensional and portable signs could be required to be 10 feet
from a business. Businesses with frontage can apply for a 20 cubic foot sign or 30-foot wall sign, content is not
regulated but the sign could be required to be 10 feet from the business.
The Council discussed Sign Ordinance review, 3-D signs in perpetuity, and the definition of private art versus
public art. Staff provided examples of signs being phased out and suggested the Council could amend the
ordinance making 3-D signs temporary. The Council could also amend the ordinance making 3-D signs
permanent or use amortization for future changes. Staff explained private art was defined as not visible from
the street and was not regulated under the sign code. An object was considered a sign unless it was exempt
under Public Art standards with a review process approved by the Council. Staff clarified signs on the third
and fourth sides of a building need to be near a door assessable to the public during business hours.
Public Hearing open: 8:36 p.m.
Nort Croft/599 Ashland Creek Drive/Spoke on behalf of the Railroad District Business Association and
noted a letter sent to the Council on March 23, 2009 from the Association. The proposed ordinance would
resolve the issues the Railroad District has had with directional signs. The Oregon Department of
Transportation (ODOT) rules dictate Signage on the freeway for historic sites and the City provides directional
signs that steer drivers to the site. The historic Railroad District does not qualify for the ODOT historic sign
because allocations for historic signs are full and the City is reluctant to provide directional signs under the
current regulations. The proposed revisions to the Sign Code would resolve this issue and allow the
Association to apply for directional sign permits for the Railroad District. He urged the Council's approval of
the revised ordinance.
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 5 of 8
George Kramer/386 North Laurel/Explained he was a member of the Downtown Task Force and was there
to encourage the Council's adoption of the ordinance. He felt the intent of the sign code was to correct some
anomalies and sign creep that had occurred over time and did not comply with current code. The City has one
of the most complex sign codes in the State. None of the proposed changes can be construed as simplifying the
code and it should be more simplified for business owners. The Task Force supported a review in two years to
determine whether the proposed changes were appropriate as well as provide the opportunity to address other
issues. Mr. Kramer noted the second ordinance stating Historic preservation and Public Art has been a long-
term goal for the City. He commented on the difference between public art and signage as the most
complicated section of the Planning Code and that it may not make sense. He concluded Public Art and signs
are separate things that should never be mixed.
Dana Bussell/Explained she was a Public Arts Commissioner and was a member of the Downtown Task
Force. The Public Arts Commission supported the public art section of the sign code but thought the scale for
3-D signs outside the downtown area was too much. She briefly described the Public Art process and offered
another alternative where the 20 cubic feet of one sign could be the equivalent of 20 square feet of current
signage. She cautioned on the difficulty of removing approved 3-D signs once established regardless ofa two
year review.
Regarding the Site Design Review of Public Art, she noted the Public Arts Commission supported the common
interests of the Historic Commission in public art but had concerns about criteria and the means to evaluate
new proposals.
Brent Thompson/582 Allison Street/Thanked the previous and current Mayor and Council for appointing a
task force to deal with the sign code. He reiterated Mr. Kramer's testimony on the complexity of the sign code,
supported the ordinance and urged the Council to ratify the Planning Commissions recommendation. The only
reservation he had was that the third side of buildings would only be allowed 50%; this was not a huge issue
and could be readdressed when the sign code was revised.
Staff explained the Council could allow the record to remain open in order to receive input from the Public
Arts Commission regarding the Site Design Review ordinance.
Councilor Jackson/Voisin m/s to close the Public Hearing and leave the record open and continue the
Site Design Review ordinance until the May 5, 2009 Council meeting. Roll Call Vote: Councilor
Navickas, Voisin, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed.
Public Hearing closed for both proposed ordinances but record to remain open for Site Design Review
ordinance: 8:54 p.m.
Councilor Navickas/Voisin m/s to approve the first reading of the ordinance amending the Ashland
Land Use Ordinance Sign Code Chapter 18.96 concerning recommendations for additional signage by
the 2008 Downtown Task Force and move to second reading and removing the provisions for 20 cubic
foot signs outside of the Historic District.
City Attorney Richard Appicello read the title in full.
DISCUSSION: Councilor Navickas thought large three-dimensional signs could result in garish signage
outside of the downtown area and encouraged the Council to support the motion. Councilor Silbiger
commented that "less is more" looks better and thought the 1968 City Council did a greatjob in creating the
original sign code. The proposed changes were good recommendations but the Council might be pushing their
luck with 3-D signs. Councilor Jackson supported the whole package but thought the issue of the 3-D signs
would work if the location were approximate to the businesses. Councilor Lemhouse did not support the
proposed motion because it appeared to creep into content. The review period would provide the opportunity
to amortize and he was not anticipating large garish signs. He cautioned the Council did not want to regulate
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 6 of 8
content and supported the ordinance. Councilor Jackson suggested staff bring back information that relates the
size of the 3-13 signs to the maximum square footage that a property was eligible to have in signage.
Roll Call Vote: Councilor Navickas, Chapman, Voisin, Silbiger, YES; Councilor Jackson and
Lemhouse, NO. Motion passed 4-2.
PUBLIC FORUM
Betzabe "Mina" Turner/149 Almeda Drive/Spoke as a representative of Ashland's Amigo Club regarding
the City of Ashland's association with the Sister City of Guanajuato. The Amigo Club was hosting visitors
from Guanajuato the week of 4/13/09. She explained how the Amigo Club supports the City, the SOU Student
Exchange Program, noted the donations and training Ashland has provided Guanajuato as well as Mayoral
visits.
Catie Faryl/Spoke regarding relocalizing and the sustainability efforts being made by residents of Ashland.
She explained that 95%-97% of food and 100% fuel are imported to the valley. The renewed efforts in
farming, energy and creating sustainable products and practices in the valley will provide jobs and help the
community survive the economic turmoil and sustainable situations that may come in the future. She listed
sustainable businesses and asked the Council to consider awarding Economic and Development Grants and
Stimulus funds to support sustainable activities in Ashland.
Wes Brain/298 Garfield/Spoke regarding the Cultural and Economic Grants and made a case for KASQ
Radio to receive grant funding. He explained the radio station is a great asset to the community and asked the
Council to consider supporting the radio station through the grant process. He noted various speakers who
have participated on the radio show and invited the Council to listen to and support KASQ at 94.9 fin.
Brent Thompson/582 Allison/Asked that the Southern Oregon University (SOU) Liaison monitors what
occurs at the college and ensures the land is used prudently. He commented on the need to upgrade and
rebuild Fire Station #2 but did not think it should go into parkland. He suggested the Council work with
Public Works to complete landscaping the area from Clay Street to Highway 66.
Councilor Navickas responded SOU had presented their Master Plan to the Planning Commission and it
included higher density housing within the current boundary. They were also possibly looking at new parking
regulations.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Does the Council want to place some or all of the City's Tier 2 electric load on the Northwest
Intergovernmental Energy Supply (NIES), which is a corporation formed by Northwest
Requirement Utilities to provide power to local governments?
Director of Electric Utilities Dick Wanderschied presented the staff report that outlined the only options for
providing power to the City were Bonneville Power Administration (BPA) and Northwest Intergovernmental
Energy Supply (HIES). Staff recommended the City continue to utilize BPA to serve the Tier 2 load and not
contract with NIES because the added complexity and potential financial benefits was not justified at this time.
Mr. Wanderschied did not predict a significant additional load until 2015 and at the end of the rate period, less
than 15% of the City's load will be in Tier 2. He clarified that the City would be limited in using alternative
power in the Tier 1 portion of the contract because it was based on take or pay but the City could use any
source of power to displace Tier 2 power since it was not take or pay. However, purchasing landfill gas power
or wind power outside the City of Ashland could be problematic regarding transmission delivery and rates and
was more expensive than bringing in BPA power. He added BPA uses three-year rate periods to set fees.
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 7 of 8
Councilor Navickas/Jackson m/s the City to utilize BPA to serve the Tier 2 load and not contract with
NIES. Roll Call Vote: Councilor Chapman, Silbiger, Lemhouse, Jackson, Navickas, Voisin, YES.
Motion passed.
2. Does the Council wish to continue the current contract with RVTD to reduce transit fares in
Ashland by 75% or does the Council wish to change the contract to simultaneously restore Route 5
service and reduce the subsidy within Ashland to 50%?
Public Works Director Mike Faught introduced Julie Brown, the General Manager and Page Townsend, the
District Planner for the Rogue Valley Transportation District (RVTD). Ms. Townsend briefly described
RVTD's basic services. Mr. Faught provided a presentation that included:
• Background
• 2006 RVTD Experiences Financial Difficulties, Route 5 Costs Exceed City's Contribution
• Current Transit Subsidy Program
• Ashland Ridership 1997-2008
• City Hires a Transit Consultant (Nelson Nygarrd - Scott Chapman)
• Multi-Modal
• Transit Consultant's Short Term Recommendation
• Map of Ashland Routes
• RVTD Recommendation - Reinstate Route 5
• RVTD Route 5 Proposal #2
• RVTD Route 5 Proposal #3
• RVTD Cost Estimates Based on 25% of FY 04-05 Users
• State of Oregon Business Energy Tax Credits (BETC)
• Ashland Transit Matrix
Ms. Townsend explained the frequency and ridership potential. RVTD conclusions are based on ridership not
increasing in the City and several studies could be provided to demonstrate ridership potential dealing with
frequency and fare. The Council shared concern SOU students have regarding no bus service after 6:30 p.m.
and the need for transportation in the Mountain Meadows, Mountain View and Quiet Village areas.
Reinstating Route 8 was suggested. Mr. Faught explained the costs associated to reinstating a route were
substantial. He recommended postponing addressing an additional route until the Transportation System Plan
(TSP) could locate the bus turnaround site, tie it to multi-modal and look at costs to expand inter-city routes.
The Council and staff discussed possible subsidies for lower income riders and how there were riders that
preferred Saturday service instead of 15-minute service during the week. Mr. Faught acknowledged the
Transit Consultants findings showed a strong desire to move towards a Saturday route but currently costs for
weekend service were exorbitant and there was not enough detail.
Ms. Townsend explained the 9-hour service would allow a 7:30 a.m. start time and was based on traffic
patterns between the 8:00 a.m.-5:00 p.m. commute. Currently the RVTD tracks ridership daily for all routes,
but does not have the technology to track the actual time of day. Mr. Faught added that Option 2 or 3 would
meet peak hour service.
Councilor Jackson supported a fee increase but asked for cost comparisons on running Route 5 and 10 for 13
hours each.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve the Second Reading of an ordinance titled, "An Ordinance
Creating the Conservation Commission and Repealing Resolution 95-19"?
City Attorney read the title in full and noted changes.
ASHLAND CITY COUNCIL MEETING
April 7, 2009
Page 8 of 8
Councilor Jackson/Lemhouse m/s to approve Ordinance 92981. Roll Call Vote: Councilor Navickas,
Lemhouse, Silbiger, Jackson and Voisin, YES; Councilor Chapman, NO. Motion passed 5-1.
Continued discussion regarding RVTD service
The Council asked staff for further information on the following:
• Matrix of BETC for running Route 5 13 hours daily with no fare subsidy
• Provide RVTD studies on frequency, convenience and costs
• Options for either a pass or alternative fare box program for lower income riders
• The cost effectiveness on having free service for Route 10
Councilor Lemhouse/Voisin m/s to continue discussion to May 5, 2009 Council meeting. Voice Vote:
Lemhouse, Voisin, Jackson, Silbiger and Chapman, YES; Navickas, NO. Motion passed 5-1.
OTHER BUSINESS FROM COUNCIL MEMBERS (None)
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
ASHLAND
PARKS
CITY Of
ASHLAND
Ashland City Council
Ashland Parks and Recreation Commission
Joint Meeting Draft Minutes
March 12, 2009, 5:30 pm
Civic Center, Council Chambers, 1175 East Main Street
Attendance: City Councilors Jackson, Lemhouse, Navickas, Silbiger, and
Voisin were present. Mayor Morrison and Councilor Chapman
were absent.
Parks Commissioners Eggers, Gardiner, Lewis, Noraas, and
Rosenthal were present.
Staff: MARTHA BENNETT, CITY ADMINISTRATOR
DON ROBERTSON, PARKS DIRECTOR
LEE TUNEBERG, FINANCE DIRECTOR
I. CALL TO ORDER
Mike Gardiner of the Ashland Parks and Recreation Commission called the meeting to
order at 5:33 pm at Council Chambers, 1175 East Main Street in Ashland, Oregon.
II. PUBLIC INPUT
Keith Massie, 1615 Peachey Road in Ashland, spoke in support of the Food and
Beverage Tax and suggested changing the allocation from 20% Parks to 30% Parks and
authorizing the elected Parks Commission to spend the funds on both land acquisitions
and recreational facilities. He referenced a February 2009 meeting at which Bennett
suggested funding the services we need and want and said he thought city residents were
interested in supporting parks and recreational facilities.
Keith Swink, 1655 Peachey Road in Ashland, said, before he moved to Ashland, that the
biggest impression he had when visiting was of Lithia Park. He voiced support for
keeping parks strong and thriving despite recent budget cuts.
Drew Baily, 455 N. Laurel Street in Ashland, said he was the southern Oregon
representative for the Oregon Restaurant Association. He said his organization was
opposed to industry specific taxes but recognized that the meals tax was generally
accepted by the community as it benefited the community. He said his organization
proposed, after January 2010, that the council and commission give 2.5-5% of the total
meals tax funds collected back to the industry to promote culinary tourism in Ashland.
He expressed hope that the proposal would result in a win-win for the city, the
community, and restaurant businesses.
Denise Dahler, 96 N. Main Street in Ashland, co-owner of Liquid Assets wine bar, said
the food and beverage tax was important and could be beneficial for the tourism industry.
She said it took time from her schedule to collect the tax but she was not opposed to
paying or collecting it. She expressed interest in seeing a portion of the revenues directed
back toward the restaurant industry and suggested forming a subcommittee to help
organize an event to promote the industry.
Joint Meeting Minutes
Page I of 5
III. PENDING TAX AND FINANCIAL ISSUES
a. Food and Beverage Tax
Bennett said she and Robertson suggested retaining the same 5% Food and Beverage
tax rate, with 80% still directed to the sewer treatment plant and 20% directed toward
Parks for land acquisitions. She said Parks requested the authority to additionally use
the funds for park land development. She said the sewer bond was projected to be
paid off in 2013 but tax collections were flatter and she was reluctant to specify when
the bond would be paid off. She said not renewing the meals tax would greatly impact
businesses and the community and that sewer rates could increase by 55%. If
approved, she suggested placing it on the ballot in either November 2009 or March
2010, as the tax was set to expire in December 2010.
Discussion Among Council and Commission
City Councilors and Parks Commissioners offered the following points:
■ Direct some meals tax revenues to Parks for improvements or repairs of
Lithia Park, used by many tourists and community members.
■ Support for renewing the Food and Beverage Tax and of Parks using the
funds for capital improvements as well as land acquisitions. Questioning of
why restaurants were requesting a portion of the tax revenue when council
earmarked nearly $300,000 for the Chamber of Commerce in 2009 for
tourism promotion.
• Parks possibly nearing the end of its land acquisition cycle; commission
requesting the use of meals tax revenues for capital improvements.
• Parks previously utilized meals tax revenues to purchase properties on the
Open Space Plan but the acquisition period was ending. Consideration about
using tax revenues to develop some of the previously acquired properties,
with the goal of completing the Open Space acquisition plan.
■ Support for the meals tax renewal and for using the revenues for capital
improvements of Parks lands.
■ Support for the meals tax renewal, one of the fairest taxes that allowed
people (able to afford to eat out) to help pay for community amenities such
as parks and recreational facilities.
■ Support for the meals tax renewal; question to Parks Director Robertson to
explain the capital improvements for which the money might be directed.
Robertson said the money was currently earmarked only for acquisition of Parks land.
He said the money could be used to purchase properties like the lower Clay Street
property as well as riparian properties along creek banks. If allowed for capital
improvement projects, he suggested building out the Ashland Creek Park as well as
creating master plans for other properties previously purchased with the funds. He .
said the funds could also be used to repair playground equipment or the resurfacing of
the Calle Guanajuato, heavily used by restaurants, tourists, artisans, and community
members. He said the concrete walkway suffered from multiple utility cuts and the
uneven surface posed as a safety hazards for pedestrians.
Joint Meeting Minutes
Page 2 of 5
III. PENDING TAX AND FINANCIAL ISSUES
a. Food and Beverage Tax, cont'd.
Discussion Among Council and Commission
Bennett said the public was promised park land from those revenues but the acquired
land was often left undeveloped due to restrictions on the use of the funds. She spoke
of the need to invite the public to comment on this matter.
Silbiger spoke favorably of the current 80/20 split between the sewer bond and Parks
and suggested allowing Parks to spend it in the most appropriate manner.
Rosenthal said he was glad to hear that the councilors supported an extension of the
meals tax. He said Parks held a number of undeveloped park lands. He requested that
maintenance be included as a permissible use for the meals tax revenues in light of
the current cutbacks in the Parks operations budget.
Motion: Jackson moved to instruct city staff and the Parks Commission to structure a
renewal of the Food and Beverage Tax. Lemhouse seconded the motion.
Voice vote-City Council: All yes
Voice vote Parks Commission: All yes
Motion passed
b. Split of Permanent Rate for Property Taxes for FY 2010
Bennett said that of the $4.2865 millage collected, Parks historically received $2.09.
She said she and Robertson recommended maintaining the current split for FY 2009-
2010.
Discussion Among Council and Commission
■ Unanimous support was heard among elected officials for a continuation of
the existing split in the upcoming fiscal year.
• Potential future levies for targeted services of both the City and Parks were
discussed, with agreement for no action at this time. City and Parks agreed to
continue discussions at a later date.
Motion: Silbiger moved to allocate a property tax levy rate of $2.09 for the Parks
Commission in FY 2009-2010. Lemhouse seconded the motion.
Voice vote City Council: All yes
Motion passed
c. Discussion of Future Local Option Levies
Staff reintroduced the topic of future local option levies, stating that one of the
concerns would be loss of services if a local option levy were to fail.
Discussion Among Council and Commission
■ Discussion of potential local option levies to occur at a later date, with an eye
toward timing of other measures that might appear on the same ballot.
• Concerns raised that any services placed on a local option levy might risk
being eliminated should the local option levy fail.
Joint Meeting Minutes
Page 3 of 5
III. PENDING TAX AND FINANCIAL ISSUES
c. Discussion of Future Local Option Levies, cont'd.
Discussion Among Council and Commission
■ During troubled economic times, citizens often spend their time and money
utilizing local parks and recreation facilities, and parks and recreation
organizations are obligated to provide those services to those citizens.
d. Discussion of Tax Coordination
Bennett spoke of the importance of coordinating with other taxing bodies (schools,
county), as general obligation bonds share the same election dates and funding pools.
She said it was important to show sensitivity to citizens about the taxes they pay or
perceive that they pay.
Discussion Among Council and Commission
■ Importance of listening to citizens and concerns about the deepening recession
■ Further discussion about continuing the conversations after the budget season
IV. SERVICES EXCHANGED BETWEEN CITY AND PARKS AND RECREATION
a. Services Parks and Recreation Provides to the City
b. Services City Provides to Parks and Recreation
Tuneberg presented a draft Memorandum of Understanding (MOU) chart for FY
2009-2010 identifying services exchanged and paid for between the City and Parks.
Items included:
• Median strip maintenance
■ Accounting services
• Legal services
■ Airport maintenance
■ Potential combination of mechanical services (Parks / City)
Questions from elected officials included:
■ Clarification of areas maintained by Parks
■ Designation of FY 2009-2010 as a transitional year for equipment
maintenance
• Health insurance rate pools
• General comments about the importance of sharing resources, especially
during troubled economic times
V. DISCUSSION OF NEXT STEPS
Robertson summarized that the evening's discussion included agreement about:
moving forward with the Food and Beverage Tax renewal; ensuring the budgeting
ability of Parks; continuation of long-term finances for Parks; moving forward in a
quick and responsible manner.
Bennett summarized that the groups agreed to draft a Food and Beverage Tax renewal
proposal and to conduct community outreach to those initially involved as well as the
restaurant community. She said they also agreed to move quickly on those
discussions and to talk again, after the budget process, about a potential local options
levy. She said the MOU would come back to both bodies for formal adoption.
Joint Meeting Minutes
Page 4 of 5
VI. ADJOURNMENT
Gardiner adjourned the meeting at 7:00 pm.
Respectfully submitted,
Susan Dyssegard, Executive Secretary
Ashland Parks and Recreation
Joint Meeting Minutes
Page 5 of 5
CITY OF
ASHLAND
Council Communication
Police Grant Approval
Meeting Date: April 21, 2009 Primary Staff Contact: Terry Holdemess
Department: Police E-Mail: Holdemet@ashland.or.us
Secondary Dept.: Finance Secondary Contact: Tuneberl@ashland.or.us
Approval: Martha Benne 'Estimated Time: Consent Agenda
Question:
Should the Police Department apply for a grant from the United States Department of Justice under the
Byrne JAG grant program to fund an additional 605 hours of park patrol for each of the next four
years?
Staff Recommendation:
Staff recommends that Council vote to direct the Police Department to apply for a grant under the
Byrne JAG grant program to fund an additional 605 hours of park patrol for each of the next four years
Background:
As part of the Federal stimulus package the City of Ashland is eligible for a grant under the Byrne JAG
program of up to $22,173 over four years. The amount of money available under the program is based
on the jurisdictions population and violent crime rate. The money must be used for law enforcement
related activities and may not be used to supplant funds already budgeted.
Over the last two years the amount of money available to fund the summer park patrol has been
reduced by 50%. While that program is funded out the Park Departments budget the park patrol
program meets the criteria for a law enforcement related activity under the Byrne JAG program. The
Police Department is recommending that the funds available under the grant program be used restore
some of the hours of park patrol that have been lost due to previous budget reductions. The money
available under the grant would fund approximately 605 additional hours of park patrol for each of the
next four years.
Related City Policies:
None
Council Options:
The Council may either approve that the Police Department apply for the Byrne JAG grant or direct
that the department not apply for the grant.
Potential Motions:
I move to direct the Police Department to apply for a Byrne JAG grant.
I move to direct the Police Department not to apply for a Byrne JAG grant.
Attachments:
None
Page 1 of 1
CITY OF
ASHLAND
Council Communication
Annual Appointments to Commissions/Committees
Meeting Date: April 21, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb@ashland.or.us
Secondary Dept.: Mayor's Office Secondary Contact:
Approval: Martha Berne Estimated Time: Consent
Question:
Does the Council wish to approve the jayor'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, 2009. Proper notice was made in
our local newspaper and the City's website on the vacancies.
Appointments are 3-year appointments with terns ending April 30, 2012 with exception of the
Planning Commission which are 4-year appointments with terms ending April 30, 2013 and the Band
Board which are 1-year terms.
The following are the recommendations made by the Mayor.
Airport Commission
Reappointment Richard Hendrickson and David Wolske (terms ending 4/30/2012)
New appointment Alan Bender (term ending 4/30/2012)
Larry Graves (term ending 4/30/2011)
Band Board
Reappointment Marvin Belford, Don Bieghler, David Hoxie, Hang Kannasto, Mike Knox,
Doug MacDonell and Raol Maddox (tern ending 4/30/2010)
Building Appeals Board
Reappoint Carol Horn Davis (term ending 4/30/2012)
New appointment Royce Duncan (term ending 4/30/2012)
Conservation Commission
Reappointment Jim McGinnis, Risa Buck and Shelley Lotz (term ending 4/30/2012)
New appointment David Runkel (term ending 4/30/2010)
Forest Lands Commission
Reappointment Craig Gorson and Anthony Kerwin (term ending 4/30/2012)
Page 1 oft
CITY OF
ASHLAND
Historic Commission
Reappointment Allison Renwick, Dale Shostnun and Samuel Whitford (term ending 4/30/2012)
Housing Commission
Reappointment Regina Ayars and Benjamin Aaron (term ending 4/30/2012)
Planning Commission
Reappointment Dave Dotterrer and Lary Blake (term ending 4/30/2013)
Public Arts Commission
Reappointment Dana Bussell and Dudley Wynkoop (term ending 4/30/2012)
Transportation Commission
New appointment Mick Church (term ending 4/30/2010)
Tree Commission
Reappointment Zane Jones (term ending 4/30/2010)
New appointment Russell Neff (term ending 4/30/2012)
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:
Applications received
Resolution No. 89-24
Page 2 of 2
~r,
CITY OF
-ASHLAND
Memo
DATE: March 16; 2009
TO: Mayor & Council
FROM: City Recorder's Office
RE: 2009 Annual Commission/Committee Appointment Process
Please note attached hedule deadlines for `ubmiIWri recommendations forappointment Per
Resol n 01989-24
The following is a list of applications and requests for reappointment received for the Annual
Commission/Committee/Board Appointment Process.
Please note: Most Commissions are 3 year terms with the exception of the Band Board (1 year term)
and Planning Commission (4 year term). Becaus4 there are current vacancies on some Commissions
you will find several identified with different term ending positions.
Only new applications are attached. If you request further information on any person requesting
reappointment, please let me know. I have enclosed contact information on all our Commission
members if you should wish to contact them.
This information is also being submitted to the chairs of each Commission and staff liaisons.
AIRPORT COMMISISON (3 positions available) - Term ending 4(30/2012
(1 pasilfon available) - Tenn ending 4(30/2011
Requests Reappointment Richard Hendrickson
David Wolske
New applications Larry: Graves
Alan Bender
AUDIT COMMITTEE (1 posldon available) - Tenn ending 4/30/2012
New-applications Martin Levine
Roberta Stebbins
BAND BOARD (7 posiflons available) - Tenn ending 413012010
Requests Reappointment Marvin Belford
Don . ieghler
David Hoxie
Harry Kannasto
Mike (Knox
Doug MacDonell
Raoul Maddox
cq Hd
Cky Ro=Ws OMw Tet 54148MV7
20 E Man Fax 541-M-2059
AahWA OW 97520 TTY: 810.735-2900
rw..mldand.ar.us
BUILDING APPEALS BOARD (2 positions available) - Tenn ending 4130/2012
Requests Reappointment Carol Horn Davis
Darrell Jarvis
New applications Royce Duncan
CONSERVATION COMMISSION (3 positi, on available) - Tenn ending 41302012
(1 position available) - Tenn ending 41302010
Requests Reappointment Jim McGinnis
Risa Buck
Shelley ILotz
New applications David Rhnkel
FOREST LANDS COMMISSION (2 positions available) - Tenn ending 41302012
Requests Reappointment Craig Gorson
Anthony Kerwin
HISTORIC COMMISSION (3 positions available) - Tenn ending 41302012
Requests Reappointment Allison Renwick
Dale Shostrum
Samuell Whitford
HOUSING COMMISSION (2 positions available) - Tenn ending 41302012
Requests Reappointment Regina Agars
Benjamin Aaron
PLANNING COMMISSION (2 position available) - Tenn ending 41302013
f1 position available) - Tenn ending 4(302012
Request Reappointment Dave Dptterrer
Lary Blake
New applications Nick Frost
PUBLIC ARTS COMMISSION (3 positions available) - Tenn ending 41302012
Requests Reappointment Dana Bussell
Dudley iWynkoop
TRANSPORTATION COMMISSION (1 position available) - Tenn ending 4,/302010
New applications Mick Church (email attached)
TREE COMMISSION
(3 positions available) -Tenn ending 4/302012
(1 position available) - Tenn ending 41302010
Requests Reappointment Zane Jones (requesting 1 year appointment)
New applications Russell Neff
cay No
CRY ReWnWs oak. Tat 541Aa&5307 .
20 E Maki Fax 541452-2059
A"W, Om9m 97520 TTY: 810.135-2900
www.mhmnd.m.tp
CITY OF
ASHLAND
2009 Annual Commission/Committee
Appointment Process
(Per Reso.1989-24)
FA public notice entitled "Notice of Appointment" shall be published
(1) Deadline for applications from citizens; and (2) a complete set of
Friday, March 13 applications shall be forwarded to the Mayor and each Councilor within
three days after said deadline.
Monday, March 23 Final day for individual councilors to submit their personal
recommendations to the Mayor.
Friday, April 3 Mayor is to submit a preliminary list of recommended appointees in
writing to each councilor.
Wednesday, April 8 Final day for individual Councilors to provide the Mayor with any final
comments concerning the list of recommended appointees.
Monday, April 13 Mayor is to submit a final list of appointees for inclusion with the
agenda packet.
Tuesday, April 21 Appointments confirmed by the Council at Regular Council Meeting.
CITY RECORDER'S OFFICE
Barbara Christensen, City Recorder/Treasurer541-488-5307
IF 20 E Main Tel: Ashland, Oregon 97520 Fax: 541-552-2059
www.ashland.orms TTY: 800-735-2900
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EMBRY-RIDDLE
AERONAUTICAL UNIVERSITY
Dr. Alan R. Bender
Chair: Research and Scholarship Telephone: (916) 719-9506
Associate Professor-Aeronautics FAX: (541) 488-4411
Extended Campus E-Mail: alm.bender*erau.edu
Embry-Riddle Aeronautical University
Office: 145 Almond Street
Ashland, OR 95720
March 6, 2009 D
City Council { C~~~Jg
City of Ashland AR O
20 East Main Street
Ashland, OR 97520
Dear Councilors:
I would appreciate your consideration of my application to serve as a Commissioner on the Ashland
Airport Commission.
During my 4+ years as a citizen of Ashland, I have participated in more Airport Commission
meetings than many of the commission's own appointed members. No one else in Ashland has
shown that kind of dedication to the Commission. I have assisted on Ashland Airport Commission
projects and other work whenever called upon by the Chair, Lincoln Zeve.
1 am not a licensed pilot; however, I am a tenured professor of aeronautics, and my very broad
aviation teaching and research experience compliments the backgrounds of the current
Commissioners very nicely. My vita (attached) demonstrates my lifelong dedication to aviation
higher education and research.
I have twice before (2005 and 2006) applied for a post on the Ashland Airport Commission, and
twice before I have been turned down. I believe those decisions were somewhat a function of my
concurrent service on the Ashland Traffic Safety Commission. I was an Ashland Traffic Safety
Commissioner from 2005 until the Commission's last meeting in 2008.
I did not apply for a post on the new Ashland Transportation Commission (which recently replaced
Traffic Safety as well as Bike and Ped.) specifically because I wanted the opportunity to serve on the
Airport Commission. It is my sense that the City of Ashland would prefer to "spread the
wealth/work"-and not have individual citizens serving on multiple commissions.
I do serve on the Jackson County Airport Advisory Committee. However, I do not believe there is a
conflict of interest with the City of Ashland as my work on Jackson County aviation issues simply
allows me to bring more knowledge and information to the table when I participate in Ashland
Airport matters.
My record of service to the City, the Airport Commission, and aviation research and education make
me an outstanding candidate. Thank you for giving my application your consideration.
W:1_~
Attachments
Leading The World In Aviation and Aerospace Education
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chi istebtidashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Alan R. Bender, Ph.D.
Requesting to serve on: Ashland Airport Commission
Address: 145 Almond Street, Ashland, OR 97520
Occupation Professor of Aeronautics Phone: Home 488-4967
Embry-Riddle Aeronautical University Work 488-4967
Email:
alan.bender@erau.edu
Fax 488-4411
1. Education Background
What schools have you attended? UCLA and UC Berkeley
What degrees do you hold? B.A. (Honors) Geography, UCLA; M.A. Geography
UCLA; M.S. Air Transportation Engineering UC Berkeley; Ph.D. Geography
(Specialization: Transportation) UC Berkeley
What additional training or education have you had that would apply to this position?
Have attended and presented papers at innumerable air transport-related
conferences and seminars since I received my Ph.D. in 1987 (please refer to my vita,
attached).
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Over 20 years as a university professor specializing in aeronautics related issues;
publications in refereed transportation journals; aviation research work; aviation
related consulting work; National Air and Space Museum's (Smithsonian) 2001
Alfred Verville Fellow in Aeronautics; quoted on airport issues in virtually every
major newspaper in the United States over the last 10 years, plus on-air interviews
on CBS Radio, ABC, NPR, Fox, Bloomberg, CNN, MSNBC, and others.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Yes. Aviation is constantly changing!
Further education-conferences, seminars-are absolutely essential. I currently
attend approx. 6-8 such forums each year, many sponsored by my university.
CLI
3. Interests
Why are you applying for this position?
I feel I can an invaluable resource to the Ashland Airport Commission due to my
years of teaching airport management and operations, as well as conducting airport-
related research work for NASA, FAA, and the California Dept of Transportation.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. 1 can usually arrange my schedule so that I can attend the Airport
Commission's regular meetings-and special meetings as well. Note: Over the last
four years I've attended and participated in more Airport Commission meetings
than many of the appointed commissioners-even though I am not a commissioner!
I have assisted the Commission on a number of projects as well. Commission Chair
Lincoln Zeve will attest to my years of dedication to the Ashland Airport
Commission-despite the fact that I have never been a Commissioner, only a very
concerned citizen.
I am indifferent to day or evening meetings.
5. Additional Information
How long have you lived in this community?
I have lived in Ashland for approx. 4'/2 years.
Please use the space below to summarize any additional qualifications you have for this
position
Nearly all of our Ashland Airport Commissioners are local business leaders who
happen to be pilots. They bring real world experience to the table, and this is an
invaluable resource. In contrast, I am neither a business person nor a pilot. I am a
well-known and well-respected Professor of Aeronautics at America's leading
aviation/aerospace university. Every other week I fly to classes throughout America
and Europe to teach graduate level aviation courses. I've taught master's-level
classes in airport management and operations for many years; in fact, I'm currently
teaching two! Most importantly, I bring to the ble a very rich airport research
background that ompliments the hands-on p rience of the other commissioners.
~
Date Signature
~r,
CURRICULUM VITAE
ALAN R. BENDER, Ph.D.
Associate Professor of Aeronautics
Program Chair: Research and Scholarship
Embry-Riddle Aeronautical University Worldwide
6oo South Clyde Morris Blvd.
Daytona Beach, FL 32114
Office address: 145 Almond Street
Ashland, OR 97520
Tel. 541.488.49675 Fax 541.488.4411
Email: alan.bender@erau.edu
EDUCATION
Ph.D. Geography (Specialties: Transportation Geography; Economic Geography)
University of California, Berkeley 1987
M.S. Civil Engineering (Specialty: Air Transportation Engineering)
University of California, Berkeley 1978
M.A. Geography (Specialties: Urban Geography; Transportation Geography)
University of California, Los Angeles (UCLA) 1976
B.A. Geography (Honors)
University of California, Los Angeles (UCLA) 1974
ACADEMIC AND PROFESSIONAL APPOINTMENTS
Chair of Research and Scholarship, Embry-Riddle Aeronautical University Worldwide,
Daytona Beach, FL (2oo3-present)
Smithsonian Research Associate, National Air and Space Museum, Washington, DC (aooz-
present)
Associate Program Chair, Bachelor of Science in Transportation, Embry-Riddle Aeronautical
University Worldwide, Daytona Beach, FL (2oo6-2.oo8)
Alfred Verville Fellow in Aeronautics, Smithsonian Institution, National Air and Space
Museum, Washington, DC (zooo-zooz)
Visiting Professor of Aviation Business Administration, Autonoma University, Madrid,
Spain (1993-1995)
Associate Professor of Aeronautics, Embry-Riddle Aeronautical University, Daytona Beach,
FL (1993-present; tenured in 1997)
Assistant Professor of Aeronautics, Embry-Riddle Aeronautical University, Daytona Beach,
FL (1988-1993)
Teaching Assistant, Department of Geography, University of California, Berkeley, CA
(1980-1983)
Research Assistant, Department of Civil Engineering, Division of Transportation
Engineering, University of California, Berkeley, CA (1977-1981)
CURRENT PROFESSIONAL SOCIETY MEMBERSHIPS/AFFILIATIONS
National Academies, Transportation Research Board (Appointed University Representative
for Embry-Riddle Aeronautical University; Appointed Member-Aviation Economics and
Forecasting Committee)
Transportation Research Forum (Vice President-Elect)
Air Transport Research Society
Association of American Geographers
University Aviation Association
Washington Airline Society
Southern Oregon Historical Society
Aviation Pioneers Association
RESEARCH INTERESTS
Commercial Air Transportation
Transportation Economics
Transportation History
Transportation Policy
Travel and Tourism
Transportation Geography
Urban Geography
2
CURRENT PROFESSIONAL SOCIETY COMMITTEE ASSIGNMENTS
Member, Aviation Economics and Forecasting Committee (National Academy of Sciences,
Transportation Research Board)
Member, Air Transport Committee (Transportation Research Forum)
Member, Transportation Geography Specialty Group (Association of American
Geographers)
RECENT COURSES TAUGHT
Airport Operations and Management (Graduate)
Transportation Management (Graduate)
Aviation Labor Relations (Graduate)
Research Methods and Statistics (Graduate)
Graduate Research Project (Graduate)
Thesis (Graduate)
The Air Transportation System (Graduate)
Advanced Aviation/Aerospace Planning Systems (Graduate)
Management of Research and Development in the Aviation/Aerospace Industry (Graduate)
Advanced Aviation Economics (Graduate)
Airline Operations and Management (Graduate)
Airline Marketing (Graduate)
Aviation Labor Relations (Undergraduate)
Transportation Principles (Undergraduate)
Airport Management (Undergraduate)
Airport Planning and Design (Undergraduate)
Airline Management (Undergraduate)
Trends and Current Problems in Air Transportation (Undergraduate)
International Aviation Management (Undergraduate)
3
ELECTED OFFICES (ACADEMIC)
Speaker of the Faculty Senate, Embry-Riddle Aeronautical University Worldwide (1999-2oot;
x002-2004)
Vice Speaker of the Faculty Senate, Embry-Riddle Aeronautical University Worldwide
(1997-1999; 2001-200z; 2006-2007; 2oo8-present)
Secretary of the Faculty Senate, Embry-Riddle Aeronautical University Worldwide (1993-
1997)
MAJOR UNIVERSITY COMMITTEE AND SERVICE ASSIGNMENTS
Chair, Graduate Research and Communications Committee (Embry-Riddle Aeronautical
University Worldwide 1992-present)
Member, Admissions Committee, Aviation Ph.D. Program (Embry-Riddle Aeronautical
University)
Member, Tenure, Promotion, and Grievance Committee (Embry-Riddle Aeronautical
University Worldwide, 2004-present)
Member, Graduate Curriculum and Degree Requirements Committee (Embry-Riddle
Aeronautical University Worldwide 1989-2005)
Member, Master of Aeronautical Science Subcommittee (Embry-Riddle Aeronautical
University Worldwide, 1989-present)
Member, Faculty Handbook and Review Committee (Embry-Riddle Aeronautical University
Worldwide, 1989-zo02)
Member, Doctoral Program Task Forces/Committees (Embry-Riddle Aeronautical
University, 1992-1994; 1996-1998; 2000-2001; 2oo8-present)
Member, Tenure and Promotion Boards (Embry-Riddle Aeronautical University Worldwide
1998-current)
Representative of Embry-Riddle Aeronautical University Worldwide, to
accreditation/quality assurance site teams from the Southern Association of Colleges and
Schools (SACS), Quality Education Services Program (QES), Military Installation
Voluntary Education Review (MIVER), and the State of California (1991-present)
4
HONORS, AWARDS, AND RESEARCH GRANTS
Alfred Verville Fellow in Aeronautics (Smithsonian Institution, National Air and Space
Museum, rooo-xooz)
Business Research Award [with Professor Fred Stephenson) (University of Georgia, 1994)
Best Research Paper Awards (Society of Logistics Engineers, 1993; 1994; 1995)
Faculty Research Development Grants (Embry-Riddle Aeronautical University, 1989; 19go)
First Prize: Graduate Student Paper Competition (Transportation Research Forum, 198o)
Regents Graduate Fellowship (University of California, 1976)
President's Undergraduate Fellowship (University of California, 1974)
EDITORIAL BOARDS
Journal of Aviation/Aerospace Education and Research (zooo-present)
Journal of the Transportation Research Forum (199r-present)
Proceedings of the Transportation Research Forum (1997-present)
World Review of Intermodal Transportation Research (2oo5-present)
Transportation Research Board publications (various) (1998-present)
WORK WITH THE PRINT AND ELECTRONIC MEDIA
Since 1998, one of Embry-Riddle Aeronautical University's most prolific aviation
industry "expert commentators" for newspaper, magazine, radio, and television
stories. My perspectives on the commercial aviation industry have appeared in
virtually every major newspaper in the United States including the Wall Street
Journal, USAToday, Washington Post, New York Times, Los Angeles Times, Boston
Tribune, Detroit Free Press, Newsday, Christian Science Monitor, Miami Herald, Chicago
Tribune, Dallas Morning News, Houston Chronicle, Portland Oregonian, and scores of
others. On-air interviews include the following radio and television networks: ABC,
CBS, NBC, NPR, Fox, MSNBC, CNBC, and BBC.
5
PROFESSIONAL MEETING CHAIRMANSHIPS
Chair, "Sustainable Transportation in the Pacific Northwest" (Transportation Research
Forum, Portland, OR, 2oo9)
Chair, "Airline Fares and Allocative Efficiencies" (Transportation Research Forum, Ft.
Worth, TX, 2oo8)
Chair, "Financing the Airlines" (Transportation Research Forum, Boston, MA, 7007)
Chair, "Current Aviation Issues" (Transportation Research Forum, New York, NY, zoo6)
Chair, "Airline Industry Financial Performance" (Transportation Research Forum,
Washington, DC, zoos)
Chair, "Efficiency and Productivity in Air Transport" (Transportation Research Forum,
Chicago, 2004)
Chair, "Airline Economics Issues" (Transportation Research Forum, Williamsburg, VA,
zoos)
Chair, "Airline Mergers" (Transportation Research Forum, Annapolis, MD, 2000)
Chair, "Aviation Issues" (Transportation Research Forum, Washington, DC, 1999)
Chair, "Jet Crew Costs and Productivity in the Nineties and Beyond" (Transportation
Research Forum, San Antonio, 1996)
Chair, UPS Paper Session, "Changes in Business Travel Behavior and Demand"
(Transportation Research Forum, Daytona Beach, FL, 1994)
Chair, "Air Transport Geography Special Session" (Association of American Geographers,
Los Angeles, 1981)
PROFESSIONAL MEETING PAPERS/PROCEEDINGS
Bender, A, R. (2008). Long before airline deregulation. Paper presented at the 104th annual
meeting of the Association of American Geographers, Boston, MA.
Bender, A. R. (2007). U. S. non-scheduled airlines (i94os-r95os). Paper presented at the 1fh
annual meeting of the Conference of Historic Aviation Writers, Oklahoma City, OK.
Bender, A. R. (2003). America's first no frills airlines. Paper presented at the 44`h annual
meeting of the Transportation Research Forum, Washington, DC.
Bender, A. R. , Tacker, T., & Chumley, K. (1998). Social impacts of airline pricing. Paper
presented at the 40'h annual meeting of the Transportation Research Forum, Philadelphia.
6
Bender, A. R.
( 995)• Battle 2000: Nev; jet entrants versus the regionals. Paper presented at the
37`h annual meeting of the Transportation Research Forum, Chicago.
Bender, A. R. (1994). The future of U.S. business air travel. Paper presented at the annual
meeting of the Society of Logistics Engineers, Anaheim, CA. (Best paper award)
Bender, A. R. (1993)• The challenge faring the U. S. airline industry. Paper presented at the
annual meeting of the Society of Logistics Engineers, Ontario, CA. (Best paper award)
Bender, A. R., & Stephenson, F. J. (1992). Airline passenger fare strategies. Paper presented at
the 34`h annual meeting of the Transportation Research Forum, St. Louis.
Bender, A. R. (1gg1). The geography and politics of military air base reuse. Paper presented at the
87`h annual meeting of the Association of American Geographers, Miami.
Bender, A. R. (x988). Flying on the "cheap": The evolution of affordable airline service. Poster
session presented at the 84`h annual meeting of the Association of American Geographers,
Phoenix.
Bender, A. R. (1g8x). Local air service under regulation and deregulation. Paper presented at the
77`h annual meeting of the Association of American Geographers, Los Angeles.
Bender, A. R. (tg8o). Comparative analysis of Soviet and U. S. airline service patterns. Paper
presented at the annual meeting of the Canadian Association of Geographers, Montreal.
Bender, A. R. (1977). Geographical analysis of U. S. airline services. Paper presented at the
annual meeting of the Canadian Association of Geographers, Regina, SK.
INVITED GUEST LECTURES
Invited guest speaker, Transportation Seminar Series, Center for Transportation Studies,
Portland State University (Portland, OR, May zoo8)
Invited guest speaker, Washington Airline Society (Washington, DC, October 2002)
History of Technology Lecture, National Air and Space Museum, Smithsonian Institution
(Washington, DC, October 2oox)
Invited guest speaker, Transocean Air Lines reunion (Oakland, CA, September tool)
Invited guest speaker, Utah Air Travel Commission (Salt Lake City, June 1999)
Invited guest speaker, Autonoma University of Madrid (Madrid, Spain, October 1994;
November 1995)
Luncheon speaker, Transportation Research Forum, Northern California Chapter (Berkeley,
CA, September 1994)
7
Luncheon Speaker, Transportation Research Forum, Northern California Chapter (San
Francisco, October 1986)
REFEREED AND NON-REFEREED PUBLICATIONS
Bender, A. R. (2003, September/October). The right price. Aircraft Economics, 19-20-
Bender, A. R. (2000). Fasten your seat belts. Journal of Aviation/Aerospace Education d1
Research, 106), 9-10.
Bender, A. R. (1999, Spring). Yield management: A double-edged sword? The Leader, 21.
Bender, A. R. (1998, June 22). Allied airlines: The new robber barons? Aviation Week dT
Space Technology, 70.
Bender, A. R., & Stephenson, F. J. (1998). Contemporary issues affecting the demand for
business air travel in the United States. Journal of Air Transport Management, 4(2), 99-110.
Bender, A. R., Schultz, J. T., & Landgren, E. W. (1998). Guide to the Master's Thesis.
Daytona Beach, FL: Riddle Press.
Bender, A. R., Schultz, J. T., & Landgren, E. W. (1993; 1994; 1996; 1997; zoos). Guide to the
Graduate Research Project 6 , 2^a, 3,a, 4`n & 6" eds.). Daytona Beach, FL: Riddle Press.
Bender, A. R. (1996). Battle 2000: The new jet entrants versus the regional partners. Journal
of Aviation/Aerospace Education & Research, 6(1), 7-18.
Stephenson, F. J., & Bender, A. R. (1996). Watershed: The future of U. S. business air
travel. Transportation Journal, 35(3), 14-32•
Bender, A. R. (1993, June 14). Majors' inefficiency may benefit upstarts: Day of reckoning
for U. S. airline industry is at hand. Aviation Week & Space Technology, 97.
Kanafani, A., Gosling, G., Novak, E., & Bender, A. R. (1981). San Francisco Bay Area off-
airport terminal demonstration project (Institute of Transportation Studies Research Report).
Berkeley, CA: University of California, Institute of Transportation Studies.
Gosling, G., Kanafani, A., Bender, A. R., and Evmolpidis, V. (1977), Off-airport passenger
terminals (Institute of Transportation Studies Research Report). Berkeley, CA: University of
California, Institute of Transportation Studies.
RECENT PUBLIC SERVICE
Appointed Chair, Air Service Subcommittee, Jackson County, OR (2oo6-present)
Appointed Commissioner, Traffic Safety Commission, Ashland, OR (2005-20o8)
8
Appointed Member, Airport Advisory Committee, Jackson County, OR (2oo6-present)
REFERENCES
Available upon request
9
~ ~2
Larry Groves
1336 Prospect street
Ash/and, OR 97520
Hon. Mayor John Morrison
-City Council, Ash/and, OR
July 1st, 2008
Dear Mayor Morrison and members of the Ashland City Council,
I am writing to introduce myself and let you know of my interest in becoming a member of the Ashland
Airport Commission.
Ashland Municipal Airport is an incredibly valuable asset and resource to the community of Ashland,
and to all of General Aviation. From my very first visit to Ashland in 1973, my first out-of-state flight
experience as a newly-minted pilot landing at Ashland Airport in 1,978, and through the years to my
recent attendance at the Ashland Airport Appreciation Day, I have been enamored of this community
in large part due to Ashland Municipal Airport.
My interest in making this application is that I wish to do what I can to help preserve Ashland
Municipol Airport for all current and future users I hope to volunteer my time, experience and
enthusiasm for flying in all its forms to aid in the deliberations of the Commission, and to make
excellent recommendations to the City Council and Mayor regarding the airport.
In addition to operating my own businesses, I have pursued many personal projects, including restoring
and operating my own vintage Cessna building a 61asair-III high performance kitplone, promoting the
Young Eagles program by taking dozens of kids (and a lot of parents) up for their first fligh t. During
six inter-sessions at a local Middle SchoolI have taught a one-week 'Intro to Flying' class I spent
several years teaching weekend seminars for the EAA's Sportair Aviation Workshop series,
"Composite Aircraft Construction Techniques"
I have a very strong affinity for flying, for airplanes and for people. Multi-tasking and team-building
come second-nature to me, and I am eoger to volunteer to assist the Ashland Airport Commission.
Sincerely,
Robert Lawrence (Larry) Groves
1336 Prospect St.,
Ashland, OR 97520
650-793-22776e11
541-488-5019 Evenings
lorry@graveshome.org
1336 Prospect St., Ashland, OR 97520 541-488-5019 lorry@graveshome.ory
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chnsteb@ashtand.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Robert Lawrence Graves (Larry)
Requesting to serve on: The Ashland Airport Commission
Address: 1336 Prospect St., Ashland, OR 97520
Occupation: Consultant Phone: Home: 541-488-5019
Work: 650-793-2277 (cell)
Email: larry@graveshome.org
Fax: 541-488-5019
1. Education Background
What schools have you attended? U.C. Davis; San Jose State University; Stanford University
What degrees do you hold? B. S. Aeronautics Operations, with Business Minor (SJSU)
What additional training or education have you had that would apply to this position?
American Association of Airport Executives Scholarship Award 1980; "Funding a Startup,"
Stanford University Extension Course, 1998, FAA Commercial Multi-Engine License,
Instrument Rating, Commercial Flight Instructor, Advanced Ground Instructor.
2. Related Experience: What prior work experience have you had that would help you if
you were appointed to this position?
I have work experience with the Regional Airline Association in Washington, D.C. (1980);
GTE Government Systems (1981 - 1991) modification of US Air Force SpecOps airframes;
Flying 20, Inc (1982) Incorporating this organization as a 501.c(3) non-profit,
Commercial Flight Instructor (1991 - 1995) teaching people to fly at Palo Alto Airport;
Founder, AirCrafters LLC (1998 - 2002) Custom Aircraft Completion Center working closely
with the FAA SJC FSDO and based at Watsonville (CA) Airport; Young Eagles Organization
(Associated with the EAA); member AOPA; Instructor for EAA Sportair Workshops
nationwide; numerous assignments and positions developing business plans, marketing. plans and
product-development plans for a variety of business interests; video advertising production;
production of camera-ready advertising materials; vendor-member, Watsonville Airshow.
CITY OF
ASHLAND
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I believe that staying abreast of developments and trends in community-based public policy and
the general aviation marketplace is important and relevant to the work of the commission, and I
would be willing to attend conferences and seminars with this goal in mind, however, I would
also be willing to do this "on my own nickel" and thus not cost the city of Ashland any additional
revenue.
3. Interests
Why are you applying for this position?
I have a lifelong and abiding interest in aviation, flying and in their promotion. I am a permanent
member of the Ashland community and I have a strong interest in the preservation of the
Ashland Municipal Airport for all current and future users.
4- Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I am available to attend special and regularly-scheduled meetings of the Ashland Airport
Commission, and I can attend either day or evening meetings.
5. Additional Information
How long have you lived in this community?
I have lived in Ashland since December 2006, and have been visiting Ashland regularly since
1973. My family considers Ashland their permanent home, I own property here and in Grants
Pass, and I have family in Grants Pass as well.
Please use the space below to summarize-any-additional-qualifications you have for this_ .
position:
I have the interest, motivation, aptitude and experience to add constructively to the deliberations
and recommendations of the Ashland Airport Commission, and I believe that my presence on the
Commission will help keep its place as a valuable resource to the City of Ashland.
Date : July 1 st, 2008
Signature: Robert Lawrence (Larry) Graves
IM ENO
Page 1 of 1
Barbara christensen - Re: Audit committee
From: "Martin H. Levine, CPA" <mhl@mhlcpa.com>
To: Barbara Christensen <barbarac@ashland.or.us>
Date: 1/12/2009 3:58 PM
Subject: Re: Audit committee
CC: Lee Tuneberg <tuneberl@ashland.or.us>
Hi Barb!
Consider this my "official" request for consideration as a member of the city's Municipal Audit
Committee. I understand the appointment, if made, will be affective after April 30th, 2009.
Thanx!
Marty
The advice we provide in this communication is not intended or written to be used, a
MARTIN H. LEVINE
Certified Public Accountant
Come visit us @ www.mhlcpa.com
Lee Tuneberg wrote:
Marty-
There is one position open and you should contact Barb Christensen to apply. H
thanks
lee
This email is official business of the City of Ashland, and it is subject to or
Lee Tuneberg
Administrative Services and Finance Director
541-552-2003
file://C:\Documents and Settings\christeb\Local Settings\Temp\XPGrpWise\496B68B6As... 1/12/2009
j (1/20/2009) Barbara christensen -Re: Audit Page 1
From: "Roberta Stebbins" <robertas@mind.net>
To: "Lee Tuneberg" <tuneberl@ashland.or.us>
CC: <christeb@ashland.or.us>
Date: 1/16/2009 10:45 AM
Subject: Re: Audit
Good Morning,
I just returned last evening via Redding, thanks to United's decision to
drop us there, so am late in replying to your message.
I did not file for the audit committee, but if you feel I might be of
service there, I am happy to do so. You know I am always pleased to give a
little back to this city that gives me so much, and more importantly, the
high esteem in which I hold you and every member of your Finance Department
(even when I don't always agree with you).
So, Barbara, pleased consider this my "hat in the ring". If you need
further info, let me know. I do not know when the appointments are being
made; I may be too late.
It was nice to hear from you. I always support you even if not
physically on a committee.
Roberta
Original Message
From: "Lee Tuneberg" <tuneberl@ashland.or.us>
To: "Roberta Stebbins" <robertas@mind.net>
Sent: Monday, January 12, 2009 2:20 PM
Subject: Audit
Roberta-
I hope the new year has been good for you.
Things are much the same here but I just have to ask...
Have you thought about applying to be on the audit committee again? We
could certainly use your experience.
lee
This email is official business of the City of Ashland, and it is subject to
Oregon public records law for disclosure and retention. If you have
received this message in error,-please let me know.
Lee Tuneberg
Administrative Services and Finance Director
541-552-2003
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
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CITY OF
ASHLAND
R~C~`V ED APPLICATION FOR APPOINTMENT TO
NpR 1gpg CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebr;ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name _ Royce Duncan
Requesting to serve on: -Building Appeals Board (Commission/Committee)
Address-] 065 Paradise Lane, Ashland
Occupation _ Retired Architect Phone: Home-448-4 101
Work
Email
Fax
1. Education Background
What schools have you attended? Cal Poly University, San Diego State University,
Arizona State University
What degrees do you hold? Bach. Of Architecture
What additional training or education have you had that would apply to this position?
Various Professional work shops & seminars related to the building industry.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I was a practicing architect for approximately 30 years. As founder and CEO of Duncan
Associates Architects for the last 19 of those years I was involved in the design and
construction of commercial, industrial and research projects in several western states. The
nature of many of those projects required special building code interpretations and
appeals including building classification, hazardous materials storage and ADA
requirements.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? -Always useful but not necessary.
3. Interests
Why are you applying for this position?
I have come to care a great deal about Ashland and our joint future. Members of Boards
of Appeal usually need some technical background regarding building code application.
I hope my past experience can be of some value to our city.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? _I am generally available for
meetings ether days or evenings.
5. Additional Information
How long have you lived in this community?
Our property in Ashland was purchased 18 years ago and we relocated here 9 years ago.
Please use the space below to summarize any additional qualifications you have for this
position
Registered Architect California
Registered Architect Arizona
NCARB certified
American Institute of Architects (past member)
Construction Specifications Institute (past member)
Industry advisor San Diego Fire Dept. Hazardous Materials Group (past)
Date
-"'Signature
v-'
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb ashland or us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Zoog
Requesting to serve on: (Commissionlft"i!ee)
Address Y G tj-._bsi
Occupation i, Phone: Home
Work
Email rz
Fax It 3.s Ile,
t' c
1. Education Baclceround
What schools have you attended?
What degrees do you hold?
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
C?i c
/ J
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
L w ,n W ~ c ` ti. ~T t r • L• ' ~ ° r K t f ~ t lr ` , f i l
3. Interests
Why are you applying for this position?
c~ jlLzti L `J" /-•..r'l r < A-
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? f
/'5
5. Additional Information
How long have you lived in this community? 7
Please use the space below to summarize any additional qualifications you have for this
position
D e Signature
~r,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebnaashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach addition eets if
necessary. ppA~
Name: Nicholas Andrew Frost MQR ~~ll~
er ' ! 10
Requesting to serve on: Planning Commission
Address: 1743 Homes Ave, Ashland, Or
Occupation: Notary, Editor, Database Programmer Phone: Home: (541)-324-3283
Work
Emai I:nikofrost@yahoo.com
Fax
1. Education Background
What schools have you attended? Ashland Public Schools, SOSC, U of O (briefly)
What degrees do you hold? None
What additional training or education have you had that would apply to this position?
Early architecture and planning courses at U of O, long personal study of urban design
and planned cities.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Currently a member of the housing commission. Looking at land appropriately zoned for
affordable housing.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars`! Why?
Yes, the field is always advancing.
3. Interests
Why are you applying for this position?
I have a long interest in planning and municipal government. Interested in bringing
together diverse elements of the community.
Are you available to attend special, meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. No preferred time for special meetings.
5. Additional Information
How iong have YOU lived in ilds community?
Thirty three years.
Please use the space below to summarize any additional qualifications you have for this
position
Long observation of Ashland's growth and demographic change resulting from planning
decisions, familiarity with city commissions and the comp. plan.
March 9, 2009
Date Signature
(2/9/2009) Barbara christensen - Re: re Transportation Commission Page 1
From: Mick Church <mickchurch@gmail.com>
To: John Stromberg <john@council.ashland.or.us>, <christeb@ashland.or.us>
Date: 2/5/2009 6:28 PM
Subject: Re: re Transportation Commission
John - Yes, I am interested. In terms of this big trip, there is a chance
that we will not be back until June - a slim chance but definitely
possible. In the interests of full disclosure I will almost certainly have
to take a trip back to England in September for my Dad's 85th birthday.
This will probably be a three week visit.
I read the authorizing resolution for the Transportation Commission on the
City website and saw that it was staffed by Engineering, but it did not
specify how often they will meet. What is the thinking on this?
I received the package for the next planning commission meeting yesterday.
We will probably be setting out on our adventure within a couple of days of
this meeting, and we have a fair amount of prep to do, so I will probably
not be at next week's meeting. In fact, given my impending departure, and
your suggestion concerning the possible appt to the transportation
commission, I'm thinking I should resign from the Planning Commission now
and give you the chance to appoint a replacement ASAP. If that works for
you, please accept this as my resignation from the Planning Commission. Let
me know if this is not what you want.
Mick
On Tue, Feb 3, 2009 at 10:55 PM, John Stromberg
<john@council.ashland.or. us>wrote:
> Hi, Mick
> You probably know that there's a new TC that replaces Traffic Safety and
> Bike and Ped.
> It has 9 members and I'm appointing them now. I intend to take 2 or 3 from
> each of the two'parent' commissions plus 3 to 5 other individuals.
> The Commission's big job for the coming year or more will be the
> Transportation System Plan Update. This will amount to a multi-modal plan
> for the whole city and my personal desire is that it will be based on public
> transportation. This has major land use implications and so I want to get
> some experienced land use Commissioners in the mix.
> In particular, I'd like to have you on the Commission and my plan is to
> appoint 8 members to the Commission next week, perhaps with 'automatic'
> renewals in April/May and to appoint you in April, to begin serving in May.
> I'm assuming that would more or less coincide with your return from
> traveling.
> Interested? Let me know. My office number is 552 2104; cell is 944 9227.
> Better yet reply by email to this msg and include Barbara Christensen as
> well. That could serve as your official application if you choose to do so.
> I'm really busy these days but will get back to you one way or another.
CITY OF
ASHLAND
APPLICATION FOR APPOEW MENT TO
CIT ty~
Y CONUMIWON/CONIl~II7TEE
Please type or print answers to the following questions and submit to the City Record at
City Hall, E Main Street, or email chriscewa)aswana or us. If you have any questions, 2QQ9
please feel fine to contact the City Recorder at 488-5307. Attach additional sheets if
N~
Requesting to serve on: ZF.,E >_S~~v►/ (Comn ission/Committee)
Address_ ZS'~ ~~iUr_ sT~_
Occupat=21ZZ-2 Phone: Home `
Email d~~
Pmr`-
1. Education Backarormd
What schools haveyou attended? P/¢ ~jTf Ui/U!/ .e~ ~y~4ep
What degrees do you hold?
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Do you feel it would be advantageous for you to ha a further ttammg in t~is field, syc~
as attending conferences or seminars? Why?
3. Interests
1
Why are you applying for this position?
~6/~
4. Avar7abitity ~yrro~jnnr ljUyy~y~~~~~5 oh
Are you available to7aspeLi eetings, in addition to the regularly sch ed
meetings? Do you prefer day or evening meetings?
5. Additional Wormation
How long have you lived in this community? Z
Please use the space below to summarize any additional qualifications you have for this
position
/t1ft'1.~ Gf-~iielt~rJ~'U
Date
CITY OF
ASHLAND
Council Communication
Approval of Airport Lease Template
Meeting Date: April 21, 2009 Primary Staff Contact: Scott A. Fleury
Department: Public Works/Engineering E-Mail: fleurys@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Mike Faught
Approval: Martha Berne Estimated Time: Consent Agenda
Question:
Will Council approve the City of Ashla d Municipal Airport Lease Template created by the Legal
Department and approved in whole by the Airport Commission?
Staff Recommendation:
Staff recommends approval of the lease template. This will allow all future leases to follow the same
standardized format.
Background:
The goal of the Ashland Municipal Airport is to become completely self sufficient in the near future.
Revenue sources include, aircraft fuel sales, Specialized Aviation Service Operator Contracts (SASO),
tariffs from freight operations, fees from aircraft tie downs along with fees from hangar leases and
rentals. Currently the FBO is responsible for collecting and monitoring these fees and has been
performing this duty since 1993.
Fees and rates are adjusted each year to keep pace with inflation and increased operating costs at the
Airport. Hangar rentals and leases provide a majority of the revenue and it is important to establish a
proper balance between need, availability and financial impact to ensure a steady revenue stream to the
City. Also, by accepting Federal Aid for improvement projects at the Airport the City is required to
follow the Fair and Equitable Treatment Act developed by the FAA. This act states that we must treat
everyone using the Airport fairly and grant no special privileges to tenants. To that end, the attached
hanger lease agreement is a uniform lease template that can be universally applied to all future hangar
rentals.
The Ashland Municipal Airport, established in 1965, is a City owned facility consisting of 59 hangars
and 120 airplane tie-down spaces. The Airport currently supports approximately 86 based aircraft. In
addition, the Airport currently has fueling, aircraft maintenance and repair facilities operated by
Skinner Aviation the sole fixed base operator (FBO).
Since the Airports establishment, all major improvements have been funded by grants from the Federal
Aviation Administration (FAA) and the Oregon Department of Aviation (ODA) which have totaled
over $4,000,000. Each FAA grant requires the City to enter into a list of assurances which require the
City to provide basic Airport related services and to continue to operate the Airport in accordance with
FAA requirements and standards. Maintenance of all navaids, aviation surfaces and facilities must
meet strict FAA standards and are inspected by FAA personnel annually. Primary maintenance
responsibility is born by the Public Works Department, but is supplemented by the City Electric
Page 1 of 2
Approval of Airport Lease Template.doc
CITY OF
ASHLAND
Department, Parks Department and the Facilities Maintenance Division. The Engineering Division
provides management services for the Airport including:
1. Staffing and support for the Airport Commission.
2. FAA compliance reviews and actions.
3. Administration in coordination with all improvements and construction contracts.
4. Budget administration.
5. Management of the FBO Contract (Skinner Aviation)
The Airport Commission assisted the Legal Department in developing an updated standard lease
template for all future leases at the Ashland Airport. There are two types of leases used at the Ashland
Airport, one is a ground lease for a City owned hangar and the second is a ground lease for a privately
owned hangar. The price varies with each of the two ground leases options from 19.1 cents per square
foot per year to 44.9 cents per square foot per year. The rate for these leases adjusts each year based on
the January CPI-U index. The lease rate can only go up, never down as stated in the leases. Lease
terms are generally for 25 years with two 5 year extensions. The lease was updated by the Legal
Department to better protect both the City "lessor" and the "lessee", along with better outlining the
terms and conditions of hangar leasing at the Ashland Airport. Once the Legal Department made the
updates to the lease template the Airport Commission reviewed and approved the changes.
Related City Policies:
The City, through its City Council, is empowered to approve documents relating to leasing City owned
property.
Council Options:
• Council may approve the lease template as presented
• Council may approve the lease template with modifications
Potential Motions:
• Move to approve Lease Template
• Move to approve Lease Template with modifications
Attachments:
I: Lease Template
2. Airport Development Map
Page 2 of 2
Approval of Airport Lease Template.doc
ASHLAND MUNICIPAL AIRPORT
MASTER HANGAR LEASE AGREEMENT
THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the
City Council, hereinafter referred to as Lessor, and the Lessee.
1. Lease Abstract. City and Lessee have signed a Master Hangar Lease Abstract ("the
abstract") which contains individual terms specific to the particular hangar or ground being
leased. By signing the abstract, City and Lessee have agreed to the terms and conditions of
this Master Hangar Lease Agreement.
2. Description of leased premises. City leases to Lessee a part of the Airport described in the
abstract ("the premises") and identified on Exhibit A.
3. Lease Fees. An initial rental is established as set forth in the abstract and shall be paid in
advance at the office of the fixed base operator (see Airport Contact Person listed in the
abstract)
3.1 Periodic rent increase. For month-to-month rentals, the rental fee is subject to
adjustment on July 1 of each year at the option of the City and is payable, monthly in advance,
on the first day of each month.
3.2 Annual rent increase. For other than month-to-month rentals, the rent shall increase
annually on July 1 of each year, but not decrease, based on the previous calendar year's
Consumer Price Index ("CPI"). The CPI will be calculated on the difference between January
of the prior year and January of the current year. The adjustment will be the increase in the
CPI using the All Urban Consumers (CPI-U), U.S. City Average, CPI--AII Items Index as
published by the Bureau of Labor Statistics of the United States Department of Labor. If the
CPI is no longer being published, then the Index shall be the figure reported in the U.S.
Department of Labor's most recent comprehensive official index then in use and most nearly
answering the description of the CPI. All sums resulting from the computation of annual lease
fees shall be rounded up to the nearest whole dollar.
3.3 Past due fees. Lease fees will become past due ten days past the due date and the
City will charge interest of 1.5% per month on past due lease fees.
3.4 Security Deposit. For month-to-month rentals, Lessee shall pay a deposit in the amount
of one month's rent to secure Lessee's compliance with all terms of this agreement. The
deposit shall be a debt from City to Lessee, refundable within 30 days after expiration of the
lease term or other termination not caused by Lessee's default. City may commingle the
deposit with its funds. Lessee shall not be entitled to interest on the deposit. City shall have the
right to offset against the deposit any sums owing from Lessee to City and not paid when due,
any damages caused by Lessee's default, the cost of curing any default by Lessee should City
elect to do so, and the cost of performing any repair or cleanup that is Lessee's responsibility
under this agreement. Offset against the deposit shall not be an exclusive remedy in any of the
above cases, but may be invoked by City, at its option, in addition to any other remedy
provided by law or this agreement for Lessee's nonperformance. City shall give notice to
Lessee each time an offset is claimed against the deposit, and, unless the agreement is
terminated, Lessee shall within 10 days after such notice deposit with City a sum equal to the
amount of the offset so that the total deposit amount, net of offset, shall remain constant
throughout the agreement term.
3.5 Improvement Fee. For leases which require Lessee to construct a hangar, Lessee may
be required to pay a non-refundable improvement fee at the time of executing the lease
abstract. The fee shall be used by City to make improvements at the airport.
Page 1 of 8 - AIRPORT MASTER LEASE
4. Term. The term of this lease is month-to-month (unless otherwise specified in the abstract)
commencing on the date specified in the front page abstract. A month-to-month lease may be
terminated by either City or Lessee at any time upon 30 days prior written notice delivered to
the other. For other than month-to-month leases, the term commences and ends on the dates
specified in the abstract and a Lessee not in default shall have the first right of refusal to lease
the premises from the City at the rates and terms then in effect as established by the City.
5. Use of Premises. Except as provided in this paragraph, the premises shall be used only for
the storage of aircraft. No commercial activities, including but not limited to aircraft mechanical
or maintenance work or repair or service, are to be conducted on the premises unless
otherwise permitted under section 5.3. The preceding sentence does not apply, however, to
work, maintenance, repair or service on aircraft owned by the Lessee. Other items of personal
property may be stored temporarily when such storage in no way interferes with the normal
storage area of the aircraft in the hangar, and does not otherwise violate this rental agreement.
5.1 Flammables and explosives prohibited. Lessee shall not store any flammable or
explosive liquids or solids within the premises. For the purpose of this rental agreement,
"flammable or explosive liquids or solids" shall not apply to fuel or other flammables contained
within any airplane placed in the hangar. Fueling of the aircraft while in the hangar is strictly
prohibited.
5.2 Pets and animals prohibited. Lessee shall not, without the City's written consent keep
any pets or animals on the premises. If allowed, Lessee agrees to be liable for damage to the
premises or other persons caused by the pet or animal.
5.3 When commercial activities permitted. For other than month-to-month rentals, Lessee
may conduct airport related commercial activities upon obtaining a business license, as
specified in the "Minimum Standards for Commercial Aeronautical Activities, Ashland,
Oregon", and entering into a Specialized Aviation Service Operator (SASO) lease agreement,
which allows the Lessee to operate as a Specialized Aviation Service Operator in accordance
with current adopted standards.
5.4 When vacant hangar not permitted. For month-to-month rentals, any hangar that
remains vacant of any aircraft for more than five months shall be a violation of this lease.
6. Rights Reserved to the City. The City reserves the following rights:
6.1 Improve landing area. The right to develop or improve the landing area of the airport
without interference or hindrance of the Lessee.
6.2 Maintain airport. The right, but not the obligation, to maintain and keep in repair the
landing area of the Airport, together with the right to direct and control all activities of Lessee.
6.3 Protect airport. The right to take any action considered necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, any building or other structure on the Airport which, in the
opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft.
6.4 Temporary closures. The right to temporarily close or to restrict the use of the Airport or
any of the facilities for maintenance, improvement, or for the safety of the public.
7. Compliance with laws. Lessee shall comply with:
7.1 The current adopted, or any future, "Minimum Standards for Commercial Aeronautical
Activities, Ashland, Oregon" (Minimum Standards) are part of this lease agreement. If this
lease and the Minimum Standards conflict in the requirements for the Lessee, the Minimum
Standards take precedence.
Page 2 of 8 - AIRPORT MASTER LEASE
7.2 All federal, state, county, and city laws, orders and ordinances, and rules and
regulations. Including but not limited to all rules and regulations of the Oregon Department of
Aviation and the Federal Aviation Administration.
8. Lessee compliance with environmental laws. As used in this paragraph, the term
"hazardous material" means any hazardous or toxic substance, material, or waste, including,
but not limited to, those substances, materials, and wastes listed in the United States
Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the
United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302)
and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the
Oregon State Department of Environmental Quality, petroleum products and their derivatives,
and such other substances, materials and wastes as become regulated or subject to cleanup
authority under any environmental laws. Environmental laws means any federal, state, or local
statutes, regulations, or ordinances or any judicial or other governmental orders pertaining to
the protection of health, safety, or the environment.
8.1 Lessee's compliance with laws and permits. Lessee shall cause the premises and all
operations conducted on the premises (including operations by any subtenants) to comply with
all environmental laws.
8.2 Limitation on uses of hazardous materials. Lessee shall not use or allow any agents,
contractors or subtenants to use the premises to generate, manufacture, refine, transport,
treat, store, handle, recycle, release or dispose of any hazardous materials, other than as
reasonably necessary for the operation of Lessee's activities as contemplated under this lease.
8.2.1 Disposal and contamination clean-up. Lessee shall be responsible for disposing
of all hazardous materials in compliance with environmental laws, and Lessee shall be
responsible for any environmental clean-up of the premises that is necessary due to
Lessee's activities.
9. Title to Improvements. For Type B leases, upon completion of construction and issuance of a
certificate of occupancy, improvements included in the Hangar Construction Requirement
including any further improvements to the premises approved by the Airport Commission, shall
become property of City, free and clear of all claims of Lessee, any one claiming under Lessee
or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under
Lessee, shall indemnify and defend City against all liability and loss arising from such claims.
10. Maintenance. Lessee shall keep and maintain the premises and all improvements in good and
substantial repair and condition, including the exterior condition. The City shall make all
necessary major repairs and alterations not directly attributable to Lessee's negligence, and
shall maintain the premises and all improvements in compliance with all applicable building
and zoning laws and all other laws, ordinances, orders and requirements of all authorities
having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage
and shall keep the premises free and clear of weeds, rubbish, debris, and litter at all times. City
shall have the right to conduct reasonable inspections and investigations of the premises and
the operations conducted on the premises at any time, and from time to time with reasonable
advance notice, and Lessee shall cooperate fully with City during such inspections and
investigations.
11. Utilities. Lessee shall promptly pay any charges for electricity, water and sewer, and all other
charges for utilities which may be furnished to the premises at Lessee's order or consent.
12. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services,
materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or
Page 3 of 8 - AIRPORT MASTER LEASE
ordered by Lessee which may be secured by lien against the premises. Lessee shall pay all
real and personal property taxes assessed against the premises, such payments to be made
no later than November 15 of the year in which the taxes become due and payable, and will
submit a copy of the receipt for the taxes to the City's Director of Finance.
13. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term
of this lease, at Lessee's sole expense, the following insurance:
13.1 Comprehensive insurance. Owner's, landlord and tenant or premises insurance
protecting City and its officers, agents and employees against any and all liabilities that may
allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum
amount of $500,000, combined single limit coverage. Such limit shall automatically increase in
the event of any change in the provisions of ORS 30.270, or in the event these limits are found
to be not totally applicable to a city.
13.1.1 All policies shall include the City, its officers, commissions, elected officials,
employees and agents as additional insureds.
13.1.2 A certificate evidencing such insurance coverage shall be filed with the City
prior to the effective date of this lease, and such certificate shall provide that such
insurance coverage may not be canceled or reduced or changed in any way adverse to
the City without at least 30 days prior written notice to the City. The policy shall be
continuous until canceled as stated above. If such insurance coverage is canceled or
changed, Lessee shall, not later than 15 days prior to the termination or change in the
insurance coverage, file with the City a certificate showing that the required insurance
has been reinstated or provided through another insurance company or companies.
Cancellation or termination of the policy shall terminate the lease.
In the event Lessee shall fail to furnish the City with the certificate of
insurance required, City may secure the required insurance or self-insure at the sole
cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost,
plus ten percent of the cost for City administration.
13.2 Property Insurance. Lessee shall bear the expense of any insurance insuring the
personal property of Lessee on the premises against such risks, but Lessee shall not be
required to insure his personal property.
14. Indemnification. Lessee will defend, indemnify and save City, its officers, employees and
agents harmless from any and all losses, claims, actions, costs, expenses, judgements,
subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out
of or incident to this lease. Lessee will not be held responsible for damages caused by
negligence of City.
15. Damage or Destruction of Premises.
15.1 For other than month-to-month rentals, if the premises or any improvements are
damaged or destroyed by fire or other casualty, Lessee shall:
15.1.1 Promptly repair, rebuild or restore the property damaged or destroyed to
substantially the same condition consistent with the applicable building codes; and
15.1.2 Apply for any net proceeds of insurance resulting from claims for such losses,
as well as any additional money of Lessee necessary.
If the damage or destruction which occurs is such that the cost of repair, rebuilding or
restoration of the property damaged or destroyed exceeds 50% of the fair market value of the
improvements, Lessee shall have the option within 60 days from the date of damage or
destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in
Page 4 of 8 -AIRPORT MASTER LEASE
accordance with paragraph 15.1 or to terminate this lease. Upon giving such notice to
terminate, this lease shall terminate on the date specified in the notice and City shall be
entitled to the net proceeds of insurance.
15.2 For month-to-month rentals, Lessee shall be responsible for damage or destruction to
the premises or any improvements resulting from Lessee's operations, or anything done or
permitted by Lessee under this lease.
16. Events of Default. The following shall be events of default:
16.1 Default in Rent: Failure of Lessee to pay any rent or other charge within ten days after it
is due.
16.2 Default in Other Covenants: Failure of Lessee to comply with any term or condition or
fulfill any obligation of the lease (other than the payment of rent or other charges) within 30
days after written notice by City specifying the nature of the default. If the default is such that it
cannot be completely remedied within the 30-day period, this provision shall be complied with
if Lessee begins correction of the default within the 30-day period and proceeds in good faith
to effect the remedy as soon as practicable.
16.3 Insolvency: Insolvency of Lessee and assignment by Lessee for the benefit of creditors;
the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is
bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an
involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition
within 30 days after filing; attachment of or the levying of execution on the leasehold interest
and failure of the Lessee to secure discharge of the attachment or release of the levy of
execution within ten days.
17. Remedies on Default. In the event of a default, the City at its option may terminate the lease
by notice in writing by certified or registered mail to Lessee. The notice may be given before or
within thirty days after the running of the,grace period for default and may be included in a
notice of failure of compliance. If the property is abandoned by Lessee in connection with a
default, termination shall be automatic and without notice.
17.1 Damages. In the event of termination of default, City shall be entitled to recover
immediately the following amounts as damages:
17.1.1 The reasonable cost of re-entry and reletting including the cost of any clean
up, refurbishing, removal of Lessee's property and fixtures, or any other expense
occasioned by Lessee's failure to quit the premises upon termination and to leave the
premises in the required condition, any remodeling costs, attorney fees, court costs,
broker commissions and advertising cost.
17.1.2 The loss of reasonable lease fee value from the date of default until a new tenant
has been or, with the exercise of reasonable efforts could have been secured.
17.2 Re-entry After Termination. If the lease is terminated for any reason, Lessee's liability to
City for damages shall survive such termination, and the rights and obligations of the parties
shall be as follows:
17.2.1 Lessee shall vacate the premises immediately, and within 60 days remove
any property of Lessee including any fixtures which Lessee is required to remove at the
end of the lease term, perform any cleanup, alterations or other work required to leave
the property in the condition required at the end of the term. City may re-enter, take
possession of the premises and remove any persons or property by legal action or by
self-help with the use of reasonable force and without liability for damages.
17.3 Reletting. Following re-entry or abandonment, City may relet the premises and in that
connection may:
Page 5 of 8 - AIRPORT MASTER LEASE
17.3.1 Make any suitable alterations or refurbish the premises, or both, or change
the character or use of the premises, but City shall not be required to relet for any use
or purpose (other than that specified in the lease) which City may reasonably consider
injurious to the premises, or to any tenant which City may reasonably consider
objectionable.
17.3.2 Relet all or part of the premises, alone or in conjunction with other properties,
for a term longer or shorter than the term of this lease, upon any reasonable terms and
conditions, including the granting of some lease fee-free occupancy or other lease fee
concession.
18. Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of
Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease
or any interest, nor license or permit the use of the rights granted except as provided in this
paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to
any successor through merger, consolidation, or voluntary sale or transfer of substantially all of
its assets, without prior written approval of the City. Written approval of the City shall not be
unreasonably withheld.
18.1 Right of first refusal. For other than month-to-month rentals, City shall have the following
described right of first refusal with respect to the interest of Lessee under this lease after the
expiration of the lease term and all extensions authorized under this lease:
18.1.1 Lessee shall not sell, sublease, assign or transfer to anyone other than City,
unless Lessee shall have first communicated to City, by written notice, a written offer to
sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in
commercially reasonable detail, the price, terms and conditions upon which Lessee is
willing to sell, sublease, assign or transfer this lease or any interest.
18.1.2 City shall have a period of 30 days, following the notice, within which to
accept the offer by giving Lessee written notice of acceptance. If the offer is accepted,
the parties shall be obligated to close the sale, sublease, assignment or transfer in
accordance with the terms of Lessee's offer. Closing shall occur within 60 days following
acceptance or within such longer closing period as may be specified in the offer.
18.1.3 If City does not accept the offer, Lessee may sell, sublease, assign or transfer
the lease or any interest to any other party, provided that such a sale must be
consummated within 60 days following the earlier of the expiration of the 30 day
acceptance period specified in paragraph 18.1.2 for the offer or the date of any written
rejection of the offer by City, and for and upon the same price, terms and conditions as
those specified in the offer.
18.1.4 City's rights under this paragraph shall apply to any subsequent or
contemporaneous offer made to Lessee or Lessee's successor or successors in
interest.
18.1.5 For the purposes of this subparagraph, a devise under a will by the Lessee
shall not be considered a sale, sublease, assignment or transfer.
18.2 Option to Purchase Lessee's Interest. For Type B leases, in addition to the
right of first refusal described above, City shall have the exclusive right and option to purchase
all of Lessee's right under this lease upon the following terms and conditions:
18.2.1 If City exercises this option, the purchase price during the initial year of this
lease for Lessee's rights under this lease will be the actual reasonable construction cost
of the hangar plus 10%. The purchase price during each subsequent year shall be the
purchase price determined in the immediately preceding sentence less 1/25th of such
purchase price for each full year the lease has been in effect.
18.2.2 This option shall be exercised by written notice given by City to Lessee at any
time, which notice shall specify that City has elected to exercise this option.
Page 6 of 8 -AIRPORT MASTER LEASE
18.2.3 Closing shall occur as soon as possible following exercise of this option by
City and, in any event, not later than the 35th day following the date of exercise of this
option.
18.2.4 At closing, Lessee shall deliver to City a duly executed and acknowledged
statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises
free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee
or caused, permitted or suffered to attach through Lessee.
18.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase
price.
18.2.6 City's rights under this paragraph shall apply to any successor of Lessee and
shall apply whether or not City exercises its rights under the right of first refusal
paragraph. City may not exercise its rights under this paragraph while the Lessee who
signed this lease is in possession and has not sold, subleased, assigned or transferred
its interest in the lease. For the purposes of this subparagraph, a devise under a will by
the Lessee shall not be considered as sale, sublease, assignment or transfer.
18.3 Subleases without consent. Lessee may sublease portions of the premises for the
purpose of placing other aircraft within the hangar without consent of City.
19. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not
be a waiver of or prejudice the party's right to require strict performance of the same provision
in the future or of any other provision.
20. Consent of City. Whenever consent, approval or direction by the City is required, all such
consent, approval or direction shall be received in writing from the City Administrator.
21. Hangar Construction Requirements. The Hangar Construction Requirements are
incorporated into this Agreement and shall apply to any construction that takes place on the
leased property.
22. Notices. All notices required under this lease shall be deemed to be properly served if sent by
certified or registered mail to the last address previously furnished by the parties. Until changed
by the parties by notice in writing, notices shall be sent to:
CITY: LESSEE:
City of Ashland At address shown on abstract.
Attn: City Administrator
20 E. Main Street
Ashland, OR 97520
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this lease
as set forth above.
LESSOR:
Mayor/Mayor's Designee, City of Ashland Date
Page 7 of 8 - AIRPORT MASTER LEASE
END OF AIRPORT MASTER HANGAR LEASE AGREEMENT
Page 8 of 8 -AIRPORT MASTER LEASE
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CITY OF
ASHLAND
Council Communication
Standards of Cover Ashland Fire & Rescue
Meeting Date: April 21, 2009 Primary Staff Contact: Scott Hollingsworth
Department: Fire E-Mail: Hollings@ashland.or.us
Secondary Dept.: None Secondary Contact: Larry Langston
Approval: Martha Berm Estimated Time: Consent
Question:
Should the City Council adopt the Resolution which approves the Standards of Cover document that
examines Ashland Fire & Rescues ability to respond to and mitigate emergency incidents and defines
the comprehensive analysis of detailed Fire, EMS, and Rescue systems?
Staff Recommendation:
Staff recommends the City Council adopt the Resolution accepting the Standards of Cover document
presented by Ashland Fire & Rescue and authorize the Mayor to sign it.
Background:
The format of this document is based on the State of Oregon's Standards of Response Coverage. This
proposed 2009 Standards of Cover for Ashland Fire & Rescue document examines Ashland Fire &
Rescues ability to respond to and mitigate emergency incidents created by natural or human-made
disasters, and is a comprehensive analysis of detailed Fire, EMS, and Rescue systems. The Standards
of Coverage are developed through the evaluation of Ashland Fire & Rescue's present practices,
regulatory requirements, historical response data, and comprehensive and scientific risk analysis. We,
your Fire & Rescue Department, hope this analysis will help the City Council and the community,
visualize what the current response system can and cannot deliver.
NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations,
Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments
describes what an optimal fire department emergency response would be, to safely and efficiently
handle different types of emergencies. The NFPA 1710 standard serves as a valid point of reference in
how AF&R should conduct our emergency operations for the citizens of Ashland and the surrounding
communities we serve. Current and future operations are based on moving us closer to the standards
set by the NFPA.
Related City Policies:
Council Options:
Council can
• Accept the proposed Standards of Coverage
• Revise the proposed Standards of Coverage
• Request major revisions prior to adoption
• Reject the proposed Standards of Coverage
Page 1 of 2
SOC Council Communication 2 .doe
CITY OF
ASHLAND
Potential Motions:
Motion to accept the Standards of Cover and authorize signature by Mayor.
Attachments:
Proposed Resolution
Ashland Fire & Rescue's Standards of Cover
Page 2 of 2
SOC Council Communication 2 doc
RESOLUTION NO.
A RESOLUTION ADOPTING ASHLAND FIRE AND RESCUE'S
"STANDARDS OF RESPONSE COVERAGE" DOCUMENT
CONTAINING FIXED AND MOBILE RESOURCE DISTRIBUTION,
DEPLOYMENT AND RESPONSE PROCEDURES FOR THE CITY OF
ASHLAND'S FIRE AND EMS ORGANIZATION
Recitals:
A. A critical element of the accreditation process of the Commission on Fire
Accreditation International (CFAI) is the adoption of Standards of Coverage; and
B. Ashland Fire and Rescue desires to adopt Standards of Response Coverage
based upon evaluation of Ashland Fire and Rescue's present practices, regulatory
requirements, historical response date and comprehensive risk analysis; and
C. The Standards of Response Coverage analysis is intended to help the City
Council and the Ashland Community visualize what the current and future Fire and EMS
response system can and cannot deliver to the Ashland Community
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. The attached Ashland Fire and Rescue Standards of Response Coverage
document is hereby adopted as the Ashland Fire and Rescue Department's official
standards for determining emergency medical, fire and rescue response; and
Section 2. The attached Ashland Fire and Rescue Standards of Response Coverage
document is hereby adopted as the official description of the City of Ashland's distribution
and concentration of fixed and mobile resources.
Section 3. This resolution takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
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STANDARDS OF COVERAGE
2009
1 '
ASHLAND FIRE & RESCUE
STANDARDS OF COVERAGE
INTRODUCTION
This document examines Ashland Fire & Rescue s ability to respond to and
mitigate emergency incidents created by natural or human-made disasters. It
differs from the Ashland's Emergency Management Program and Emergency
Management Plan, that to provide overall planning and coordination for
emergencies, in that it is a comprehensive analysis of detailed Fire, EMS, and
Rescue systems.
The format of this document is based on the State of Oregon's Standards of
Response Coverage, a critical element of the accreditation process of the
Commission on Fire Accreditation International (CFAI). "Standards of Response
Coverage" are those written procedures that determine the distribution and
concentration of the fixed and mobile resources of a Fire and EMS organization.
A systems approach to deployment, rather than a one-size-fits-all prescriptive
formula, allows for local determination of the level of deployment to meet the
risks presented in each community. In this comprehensive approach, each
agency can match local need (risks and expectations) with the costs of various
levels of service. In an informed public policy debate, a City Council "purchases"
the Fire, Rescue, and EMS service levels (insurance) the community
needs and can afford.
The Standards of Coverage are developed through the evaluation of Ashland
Fire & Rescues present practices, regulatory requirements, historical response
data, and a comprehensive risk analysis. The response analysis will help the City
Council and the community, visualize what the current, or a possible, response
system can and cannot deliver.
Printing of this document was done in black and white as a cost savings measure. A
color version is available via electronic medium on request.
2
TABLE OF CONTENTS
INTRODUCTION
1. COMMUNITY BASELINES ......................................................................4
A. History of Ashland Fire & Rescue ...........................................................4
B. Governance .............................................................................4
C. Geography ...............................................................................5
D. Existing Fire Deployment ..........................................................6
11. RISK ASSESSMENT ....................................................................................11
A. Risk Assessment Model ............................................................12
B. Risks by Type .......................................................................15
1. Structure Fire Risk ..........................................................15
2. EMS Risk ............................................................................................17
3. Wildland Fire Risk ............................................................................18
4. Technical Rescue Risk .....................................................20
111. CRITICAL TASK ANALYSIS .................................................................23
A. Structure Fires .......................................................................24
B. EMS .....................................................................................27
C. Wildland Fires .............................................................................................28
D. Technical Rescue ...................................................................31
IV. ESTABLISHING OBJECTIVES ...........................................................31
A. The Elements of Response Time ..............................................32
B. Dynamics of Fire Growth and Flashover ..................................33
C. Emergency Medical Services Benchmarks and Expectations ........36
V. RESPONSE RELIABILITY ....................................................38
VI. CONCLUSION ........................................................................40
3
SECTION ONE: COMMUNITY BASELINES
A. History of Ashland Fire & Rescue
Like many towns across America, Ashland has literally been shaped by fire. On
March 11, 1879, a devastating fire that began in a blacksmith's shop destroyed
many of the businesses on the west side of the plaza. Many of the masonry
structures that replaced the wooden buildings are still standing today.
a
;11: di
Ashland Hose Company No. 1, East Main Street, 1887
On August 3, 1885 the "Ashland Fire Committee" was formed under City Council
ordinance No. 14. In 1891, the City Council passed Ordinance No. 105
establishing the Ashland Fire Department, consisting of two hose companies.
The first Fire Chief was appointed in 1913. Today, Ashland Fire & Rescue
(hereafter referred to as "AF&R") is organized as a municipal service department.
B. Governance
The City of Ashland operates under the strong Mayor - Council form of
government with the Mayor elected for a four year term and six Council Members
4
elected, at-large, for four-year overlapping terms. Day-to-day operational
activities are overseen by a City Administrator who coordinates the duties and
responsibilities of eight Department Directors including the Fire Chief.The budget
process, organized under Oregon budget law, utilizes seven citizens as lay
members of the city budget committee, who are joined by the Mayor and Council.
The Budget Committee approves the budget, which is the annual spending plan
for the City. The City Council adopts the budget following a public hearing. The
adopted budget for AF&R in 2009 was approximately 5 million dollars. AF&R
generates over 700,000 dollars of revenue which accrues in the General Fund.
C. Geography
Urban Growth Boundary: The emergency medical services and fire
suppression auto/mutual aid boundaries of Ashland Fire & Rescue extend
beyond the Urban Growth Boundary of the City. The City Urban Growth
Boundary is as follows:
Northern Boundary - Jackson Rd. @ Hwy 99 North, Bear Creek, East
Main St.
Eastern Boundary - Dead Indian Memorial Rd., Tolman Creek
Southern Boundary - Upper Strawberry Lane, Pinecrest Terrace, Green
Meadows Way
Western Boundary - Ashland Mine Rd.
Primary topography: Ashland's elevations vary from 1,800 - 2,300 feet above
sea level, and are located on the edge of the eastern foothills of the Siskiyou
Mountain Range. Much of the surrounding lands are livestock grazing lands and
pasture lands. To the south, east and west there is mountainous terrain with
heavy timber. The valley floor consists mostly of farmland and pastureland.
Neil Creek, which runs along the northern city limits, emptying into Bear Creek.
Bear Creek continues along the northern boundary of the city and ultimately
empties into the Rogue River. The Talent Irrigation District maintains a major
canal which runs from southeast to northwest through the city, continuing
through into rural farmland.
Weather: Summer months have typically very low humidity, less than 20%.
Temperatures will range between 80 and 100 degrees Fahrenheit. These
conditions create extreme fire conditions during most fire seasons. Winter
months have typically moderate temperatures of 40 degrees with occasional lows
in the teens and twenties. In addition, winters usually bring snow, ice and wind.
This is particularly true for elevations above the basin floor.
5
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D. Existing Fire Deployment
Ashland Fire & Rescue employs thirty-four full time personnel (Two positions are
currently unfilled due to budget short falls). There are 6 Firefighters, 2 Engineers
and 1 Captain on each shift. There are three emergency response shifts. Each
shift works a 24 hour day, rotating days on and days off during a nine day cycle.
Each of the three shifts is under the command of the shift Captain. While each
shift is comprised of 9 personnel, the minimum daily required staffing is 7
personnel (1 Captain, 2 Engineers, and 4 Firefighters). These 7 - 9 personnel
operate out of the City's two fire stations. Fire Station No. 1 is also utilized for
administrative offices. The administrative staff includes the Fire Chief,
Operations Division Chief, EMS Division Chief, Fire & Life Safety (FLS) Division
Chief and Secretary. The following is the department's organizational chart:
I Fire Chief
Admin Secretary
DC/EMS FLS Division Chief
CERT Coordinator
Forest Resource
DC/Fire Ops sped= •CERT Msistant
A Shift Captain B Shift Captain C Shiff Captain
Engineer Engineer Engineer
Engineer Engineer. Engineer
Firefighter Firefighter Firefighter
Firefighter Firefighter Firefighter
Firefighter .Firefighter Firefighter
Firefighter Firefighter Firefighter
Firefighter Firefighter Firefighter
Firefighter Firefighter*". Firefighter
*indicates part time position funded by grant funds
" indicates positions that have not been filled due to lack of funding in the current
2008-2009 budget year.
6
Minimum Daily Staffing
Current Staffing
Station 1 Station 2
%Maw 0
Cain
Engineer Firefighter
tll ; 0 , * i
Firefighter Firefighter
Engineer Firefighter
Proposed Staffing
Station 1 Station 2
Engineer Firefighter
Captain Engineer
Firefighter Firefighter
7
The following will be the department's organizational chart with the proposed
budget cuts scheduled to take effect July 1, 2009 for the 2009-2010 budget
year). Full time staff will decrease to twenty-nine personnel (Down from thirty two
full time funded positions). In addition to the two firefighter positions that have not
been filled, the department would need to cut another two firefighters and the
C.E.R.T. coordinator. The Operations Division Chief position would be left vacant
and that individual placed on a shift to augment line staff. Minimum daily staffing
would then be reduced to 6 firefighters (3 Firefighters, 2 Engineers, and 1
Captain).
I Fire Chief
Admin Secretary
DC/EMS FIS Division Chief
Form Resource
Specialist .
•CERT Assistant
A Shift Captain B Shift Captain C Shift Captain
Engineer Engineer Engineer
Engineer Engineer Engineer
Firefighter Firefighter Firefighter
Firefighter,' Firefighter Firefighter
Firefighter. Firefighter Firefighter
Firefighter Firefighter Firefighter
Firefighter Firefighter Firefighter
LF LF LF il
Indicates part time position funded by grant funds
8
Calls for service
During the 2008 calendar year, Ashland Fire & Rescue responded to 3,418 calls
for service. Of these requests for service, 86% were related to Emergency
Medical Services, 14% were Fire related emergencies.
4000
U) 3500
0 3000
CL
N 2500
c 2000
1500-
E 1000-
Z 500
0
2001 2002 2003 2004 2005 2006 2007 2008
-s Total Calls 2630 2740 2922 3186 3285 3534 3556 3418
t Fire Responses 528 446 494 496 569 579 587 474
Medical Calls 2102 2294 2428 2690 2716 2955 2969 2944
❖ Note - While multiple units may respond on an emergency response,
it is only counted one (1) time for statistical purposes.
Fire Response numbers include the following:
Structure Fires
Brush Fires
Car Fires
Fire Alarms Sounding
Ruptured Gas Lines
Smoke Detector/CO Alarms
Power Line Hazards
Rescue Situations
Lift Assists to the Disabled
Miscellaneous Other
9
The following map shows AF&R's ambulance response area outside of the city
limits.
Ambulance Service Areas
Ambulance Service Areas
® Rogue River F.P.D.
® Ashland Fire & Rescue
Mercy Flights
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1
SECTION TWO: RISK ASSESSMENT
A. Risk Assessment Model
The City of Ashland must assess risks based upon the potential frequency
(probability of an incident occurring) and consequence (potential damage should
an event occur). For example, a terrorist act has a low probability; however, if a
terrorist act occurs, the damage and the psychological impact are potentially very
high. This same outlook regarding risk assessment can also be applied to natural
disasters. For example, an earthquake generally does not hit the same
community every year; but if it does strike, the damage can be great. Conversely,
medical emergencies happen every day. The overall potential damage from
medical emergencies to the community as a whole is not nearly as significant as
that from an earthquake or other natural disaster though these individual
incidents greatly affect those requiring the service. To design future deployment
strategies, the department must be able to compare the potential frequency and
potential damage of events that may affect the community and service area.
Risk management is the analysis of the chance of an event occurring and the
resulting damage that could occur as a result of the event.
For example: structure fires are relatively infrequent in comparison to medical
incidents in the City of Ashland and its service areas; however, the loss of
subsequent dollars, loss of irreplaceable items, and loss of business or jobs
make the consequences of such fires high; activation of automatic fire alarms is
high probability with low consequence; earthquakes or a large hazmat incident
may be infrequent but represent a large potential loss to life and property.
Comparatively, a dumpster fire may be a high probability but have little
consequence outside of the fire response. With an understanding of the different
levels of probability and consequences, proper strategic planning in respect to
risk management and resource deployment can take place.
The challenge in community risk management does not lie solely in the work
necessary to assess the probabilities of an emergency event in a community, but
in the political arena as well. It is the policy makers who will determine the level
of service to be delivered to the area being served.
The following risk Matrix helps identify the elements that must be considered
when assessing community risk. Each of the four categories represents a
specific level of risk based on the probability of that risk occurring and ties the
probability to the consequences that will be experienced if the risk occurs. Each
risk that a community faces can be identified and categorized using this
measurement of probability/consequences. As the level of risk increases, a
different commitment of fire resources is needed to keep the risk from escalating.
11
HIGH PROBABILITY HIGH PROBABILITY
LOW CONSEQUENCE HIGH CONSEQUENCE
IP
IR C
O Moderate Risk o Maximum Risk
B c
A
B distribution-~ ;
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L Low Risk
Significant Risk
1 a
T
Y LOW PROBABILITY LOW PROBABILITY
LOW CONSEQUENCE HIGH CONSEQUENCE
CONSEQUENCES
1. Maximum Risk: Maximum risk includes a high probability and maximum
consequence. This level of risk has the potential for a high level of life and
property loss as well as significant property damage across the entire geographic
area. Maximum risks will certainly have a devastating impact on the community's
ability to maintain its commercial, residential and industrial tax base. An event of
this magnitude would severely impact the community in multiple ways and
challenge the community's ability to recover. An event of this nature would most
likely include a disaster declaration by the Governor and/or the President of the
United States. An example of a Maximum Risk event would be Hurricane Katrina,
the Loma Prieta Earthquake, the Oakland Hills Fire or the bombing of the World
Trade Center in New York.
2. Significant Risk: Significant risk level has a low probability of occurrence and
a high level of consequences. This risk level has the potential for high to
moderate life and property loss. A significant risk may vary in magnitude and may
create varying threats to those people in the immediate area of impact.
Significant risks can also impact those in close proximity to the immediate threat
zone. The financial impact related to a significant risk is usually high by
threatening the community's economic and social structures. A significant risk will
require an extended recovery period but a community that has prepared can
recover within a reasonable period of time.
3. Moderate Risk: Moderate risk has a high probability of occurrence and a low
level of consequence. This level of risk can present a potential for life and
property loss but these are usually limited to only those areas, properties and
residents in the immediate threat zone. A moderate risk usually has an impact
both financially and socially but is limited to specific areas unless the community
has allocated adequate resources to respond to a risk of this level. Inadequate
12
resource allocations for moderate risk incidents can cause them to escalate to a
significant level of risk requiring additional resources and the possibility for
increased life and property loss. Recovery from a moderate risk is usually
completed within a brief period of time. Moderate risk incidents seldom require
assistance from outside the jurisdictional area.
4. Low Risk: Low risk has a low probability of occurrence and a low level of
consequence. This risk level presents little threat to the community's ability to
function unless the community does not have adequate resources allocated to
handle this level of risk. The occurrence of this type of event is infrequent and
presents little, if any, potential for significant life and property loss or damage.
The relationships between probability and consequence and the community's
adopted service level goals determine the needed concentration and distribution
of resources. Distribution is the location of resources throughout the city.
Concentration is the number of resources needed in a given area within the city.
This varies depending on many factors including the number of events (calls for
service); the risk factors of the area; the availability, reliability, and time of arrival
of secondary responding units; etc. A challenge will be to find the proper balance
for the distribution and concentration of resources needed to meet the service
level goals today and in the future as the city and the department service areas
continue to grow.
Distribution: The term distribution is used in the fire service to describe the
location of fire department emergency response resources in an effort to ensure
their availability to provide intervention for all risk levels. Because of the cost
related to the allocation of fire resources, fire departments use a static response
system. A static response system is a system in which fire stations are
strategically located in designated response areas across the community, or
coverage area. This allows fire department units to travel from one point to
another in a pre-designated period of time known as response times or
performance objectives.
A key component to a static response system is to ensure fire department
resources are properly placed based on current and future growth. Properly
spaced fire stations are needed to assure a rapid deployment of emergency
resources in order to respond to and mitigate average, or routine, emergency
calls for service in a timely manner.
Concentration: The term concentration is used to describe the spacing of
multiple fire department resources so a fire department can assemble an
"effective response force" at the scene of an emergency incident. An effective
response force is that which will most likely stop the escalation of the emergency
incident as it is categorized in each risk type. Differing incident types require
different levels of initial and secondary staffing based on the nature of the
13
incident. These incident specific resource requirements are called critical tasking
and are explained in detail later in this document.
It is a critical factor for fire departments to develop specific service level
objectives to address the concentration of resources for each risk area.
Fire Station #1 is located at 455 Siskiyou Boulevard. Current minimum staffing
is 1 Captain, 1 Engineer and 3 Firefighters who staff one command vehicle, one
engine and one ambulance. The station also houses an unstaffed backup
ambulance, engine, brush truck and wildland interface engine. Personnel can be
moved off one type of equipment and onto another to better respond to
emergency needs. Station 1's first in response area is that part of the city to the
west of the triple green line.
Station #2 is located at 1860 Ashland street. Current minimum staffing is 1
Engineer and 1 Firefighter who will respond in an engine or ambulance
depending on the type of call. Station 2 houses backup ambulances, a brush
truck and a technical rescue response trailer. Station 2's first in response area is
east of the triple green line.
The blue line shows the boundary for a 5 minute drive time from Station 1. The 5
minute drive time bounds from Station 2 is shown in red.
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h should be noted that those areas outside of the blue & red lines have a drive time greater than 6
minutes
14
B. Risk Type
Understanding community risk is important when conducting a fire department
response coverage assessment. Each risk presents the need for varying fire
resources. Based on the potential posed, each risk type may require an
increased number of fire department personnel, apparatus, equipment, and water
supply to keep a potential event from escalating beyond the department's
mitigation capabilities. This section explains the various risk types in the
community.
The potential risks include the following categories; Structure Fires, Emergency
Medical Services, Wildland Fires, and Technical Rescue.
1. Structure Fire Risk
A building categorized as Maximum Risk will be significant in size, absent of
automatic fire protection and alarm systems, require a large amount of water to
contain a fire and have a potential for a high life loss due to existing and non-
conforming exiting. These buildings will have an irreplaceable or a major financial
or social impact on the community if lost. A key factor that places a building in
this category is inadequate water availability for fire suppression operations at
the site of this building. An example of a building categorized as Maximum would
be as follows: An older, multi-story, non-reinforced masonry building considered
to have historical significance. This building would have no fire protection or
alarm systems, poor exiting, and a marginal water supply for firefighting
operations.
A building categorized as Significant Risk will be substantial in size and have the
potential for life and property loss. The potential for life loss varies between those
occupants in the immediate area to threatening the lives of all of the people in the
building. The financial impact to the community created by this level can be high
due to loss of jobs and/or loss of tax revenue. These buildings usually have
automatic fire protection and alarm systems. Examples of Significant buildings
include common hallway apartments, warehouses, office complexes, moderate
to large sized retail stores, hospitals, medical buildings, and older downtown
buildings that have retrofitted their buildings with fire protection systems.
Buildings categorized as Moderate Risk are average in size and can present a
potential for a high life loss but are usually limited to threatening only the
immediate occupants of the structure. The financial impact due to the loss of this
structure has an impact on the occupants or owners, but not the surrounding
properties. Examples of these buildings vary widely with the most typical in this
class being a single family residence. Smaller apartment buildings and smaller
businesses are also included in this category.
15
Buildings categorized as Low Risk have a very limited exposure. They are small
structures that are not normally occupied by people. They also generally have a
reduced amount of fire load, require small amounts of water to extinguish, have
limited potential to spread to other buildings, and have little financial impact to the
owners or the community. An example of a building in the Low Risk category
would be a carport, shed, or out-building with limited potential for spreading to
nearby buildings.
The table below illustrates the types and numbers of building occupancies that
can be found within the City of Ashland.
CLASSIFICATION # of BUILDINGS
Single Family Residential 7,800
Multi- Family Residential 258
Offices/Mercantile/Assembly 338
Educational Facilities 28
Fabrication & Manufacturing 27
Hazardous Materials 65
Health Care Facilities 4
Stand Alone Large Mercantile 28
Storage 6
Totals 8,554
" There are 1770 businesses that operate in the City of Ashland
It is important to note that the above table shows buildings only. There
are many structures that have multiple businesses within them.
16
2. Emergency Medical Services (EMS) Risk
Routine, single patient emergency medical service incidents in the Fire
Department's coverage area can be considered "Low" to "Moderate" risk. These
types of incidents have a very high probability of occurring but their
consequences only affect the patient and their immediate family. EMS incidents
with multiple patients, also known as Mass Casualty Incidents (MCI's) can be
considered "Moderate" to "Significant" risks. These call types occur less
frequently but have the potential to affect a greater number of people.
Emergency Medical Service (EMS) incidents make up the largest percentage of
responses for AF&R. This fact is also true for the fire service nationwide. During
the past 15-20 years fire departments across the country have taken a lead role
in providing basic and advanced life support services in their protection areas in
an effort to provide comprehensive pre-hospital care for the citizens they protect.
Nationally, EMS calls for service make up approximately 70% of any fire
department's overall emergency call volume
Assessing the risk related to the EMS system involves understanding the history
and types of EMS calls being responded to as well as the location in which those
calls are occurring. As the population in the United States ages, calls for
emergency medical service are certain to increase. During difficult economic
times, fire departments experience an increase in calls for EMS service.
Emergency Medical Service (EMS) responses are the most prevalent incident
type for AF&R. During FY 07/08 the Fire Department responded to 3,418 calls for
emergency service. Of those calls, 86% were calls related to emergency medical
services. The most typical types of patient symptoms generating EMS calls were
altered level of consciousness, cardiac arrest, chest pains, shortness of breath,
falls and seizures.
17
3. Wildland Fire Risk
Assessing Ashland's Wildfire Risk
Wildland fire risk and hazards have been documented as "High" (High is the
highest rating) in both the primary and mutual aid response areas of Ashland Fire
& Rescue. The State of Oregon and Jackson County wildfire risk assessments
rate the Ashland wildland urban interface (WUI) as among the most hazardous in
the State and the highest ranked community in Jackson County (State of Oregon
Wildfire Risk Assessment 2005, Jackson County Integrated Fire Plan, 2005). The
primary factors used for assessing a community's wildfire risk are the vegetation
types (fuels), steepness of the topography, housing density, fire starts, and
protection capabilities. The key factors that lead to Ashland's high rating are the
fuel loads that surround Ashland, the density of homes in the WUI zone, and the
upslope of the Ashland Municipal Watershed.
" Ashland Municipal Code refers to this area as The Wild_ fire Hazard Area.
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Composite Wildfire Assessment Map, Jackson County Integrated Fire Plan (2005). Red is high risk.
Wildfire Behavior and Suppression
18
Wildland fire behavior is driven by three primary factors: fuel, weather, and
topography. All three factors combine in the Ashland WUI to create potentially
extremely hazardous wildfires. The intensity and rate of spread (together referred
to as behavior) of a wildfire determine what suppression tactics will be effective.
Flame heights over 4 feet dictate the use of fire engines and bulldozers in a
direct or indirect attack strategy and flames over 8 feet dictate the use of airial
resources and construction of firelines well away from the fire front.
Wildfire Fuel Conditions
The fuel (vegetation) in and around
Ashland is often heavy although a~~ 44
significant area of fuels has been " . s=
modified through an ongoing AF&R
fuels reduction program. According'
to a City commissioned study in
2002, just over 80% of the WUI area
is either Extreme or High hazard
vegetation types (not including
~a
Federal lands), meaning flame
lengths of at least 4 feet and more likely 8 feet and greater over a larger
proportion of the protection area. The fuels reduction program has decreased the
potential fire behavior and increased potential suppression effectiveness on
1,431 acres of City and private land since 2002. However, without regular
maintenance these acres will revert back to pre-2002 conditions. The Forest
Resource Specialist is a staff position dedicated to wildland fire prevention and
mitigation.
Structure Vulnerability
An important unknown factor is the flammability of homes. As explained above
the wildfire risk is well quantified, but each individual home has its own hazard
rating depending on the construction and the immediate 100 foot area, often
called the "defensible space" zone, surrounding the home. There are 1,879
structures (2008) in the Ashland WUI zone, but it is unknown how many have
adequate defensible space for effective fire protection. Looking at WUI wildfires
in similar communities across the West, the prognosis for structure survival
during a major wildfire in Ashland looks grim. Factors including high housing
density, narrow and winding streets, a finite water supply (no water in many rural
portions in the mutual aid area), commonly hot and dry days, steep topography,
and highly flammable vegetation surrounding the community all spell out a
potentially challenging and hazardous environment for firefighting with limited
chances for avoiding home loss. Outreach and education efforts continue by
AF&R to encourage homeowner preparations, but the loss of the City's Code
19
Compliance Officer (2008-2009) increases difficulty in code enforcement when
hazardous situations are identified by AF&R. This decreases the effectiveness of
suppression and home protection actions and increases the risk to firefighter's
safety.
4. Technical Rescue Risk
In general, technical rescue is the application of special knowledge, skills and
equipment to safely resolve unique and/or complex rescue situations.
For a wide variety of reasons, victims become stranded and/or injured in the
areas in and around our city. Easy access to hiking and biking trails along with
extremes in the geography create technical rescue situations each year.
Furthermore, vaults, tanks, tunnels and trenches spread throughout the City
pose a risk to the employees who work in them and the citizens who might
become trapped in them. Maintaining a rescue response is not only mandated by
OSHA but is the prudent approach to these threats.
Rope Rescue
Rope rescue is defined as any rescue attempt that requires rope and related
equipment to safely gain access to, and remove victims from, hazardous
geographic areas with limited access such as slopes, cliffs, and buildings, above
or below grade structures, by means of rope systems. Rope rescues are divided
into two general categories, low/steep angle and high angle.
20
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Toothpick Trail Rescue - 2002
Both of these categories exist in and around the City. Each year AF&R is called
to treat and rescue injured victims from our watershed, park lands and frontier
areas we serve. Many of these victims are located in remote regions accessible
only by 4x4 vehicles, by foot, and in some cases helicopter. These calls for
service range from litter carry outs to technical rescues involving multiple
agencies and extended times to accomplish the mission.
Confined Space/Trench Rescue Risk
Confined spaces exist in the City in a variety of forms. Federal OSHA regulations
define a confined space as a space that:
-is large enough and so configured that an employee can bodily enter and
perform assigned work; and
-Has limited or restricted means.for entry or exit; and
-Is not designed for continuous employee occupancy.
21
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Examples of confined spaces in Ashland include:
• Sewers and sewer facilities (throughout city and at the waste water treat-
ment plant)
• Storm drains
-Electrical and communication vaults (serviced by Ashland Electric and
AFN)
-Tanks (fixed and mobile)
-Manholes
-Trenches and excavations (City Streets, Water and Electric departments
and private contractors)
-Tunnels (SOU)
Confined space rescue represents one of the most challenging and dangerous
operations undertaken by fire departments in America today. Nearly 60% of all
confined space deaths are would-be rescuers associated with secondary entries.
This includes fellow employees, bystanders and untrained or poorly trained
responders.
22
SECTION THREE: CRITICAL TASK ANALYSIS OF AF&R
In order to provide life safety and emergency mitigation efforts in an effective
manner it is imperative that firefighters respond to emergencies in a timely
manner and with enough trained firefighters to safely mitigate the emergency.
Critical tasks are those duties that must be conducted by firefighters in order to
safely control emergency incidents.
In order to effectively determine AF&R's ability to ensure effective service
delivery while maintaining a safe working environment the department must
conduct a critical task analysis. The critical task analysis is the process of
matching AF&R's resource deployment to each type of risk. A critical task
analysis identifies the necessary staffing level required to safely perform each
task and successfully mitigate each risk. A critical task analysis was conducted
for the following risk types:
• Structure Fires
• Emergency Medical Calls
an 1''
• Wildland Fires'
• Technical Rescues
23
A. Structure Fires
Low Risk Fires
The following table provides a task analysis for Low Risk structure fires and/or
incidents like rubbish fires, small grass fires, vehicle fires and incidents that
involve a light fire load. The example also takes into consideration that the
potential for injury or loss of life is non-existent and that the potential for exposure
issues related to adjacent properties is non-existent.
CRITICAL TASK PERSONNEL
Command / Safety 1
Pump Operator 1
Attack Line 2
Total Number of Firefighters 4
Low risk fires are normally handled by one fire unit and 4 firefighters as
demonstrated in the following diagram:
Low Risk Structure Fire -4 Firefighters
snsu Shea
r _
Attack Line
Pump Opefatof
Incident Command
24
Moderate Risk Fires
The following table and diagram represent the critical task assignments and
personnel requirements for an initial alarm assignment at a "Moderate Risk"
structure fire.
CRITICAL TASK PERSONNEL
Command / Safe! 1
Pump Operator 1
Attack Line 2
Back-up Line
Support / Search and Rescue 2
Ventilation 2
RIT 2
Total Number of Firefighters 1 12
" Back-up Line is required to meet OSHA's 2-IN / 2-OUT Policy.
xx Rapid Intervention Team (RIT). A dedicated crew of firefighters
who are assigned for rapid deployment to rescue lost or trapped
members.
Moderate Risk Structure Fire - 12 Firefighters
Ventilation
Team
Backup
Line
irk
Initial Attack
Pump Operator
Search & RIT
Rescue Incident Command
25
❖ NFPA recommends a minimum of 14 firefighters for initial response
on these types of fires
❖ Currently, at minimum staffing, AF&R is able to deploy 7 firefighters,
plus an additional 2 firefighters from Jackson County Fire Dist. #5 for
a total of 9 firefighters. Therefore, fire attack and rescue often cannot
be conducted simultaneously.
❖ After July 2009, we will be able to deploy 6 firefighters, plus 2
additional firefighters from Jackson County Fire Dist. #5 for a total of
8 firefighters.
❖ AFBR must at times operate in split or less then ideal modes on the
fire ground until sufficient staffing is on scene.
❖ Equipment and personnel responding may be reduced because of
multiple emergencies or extenuating circumstances.
Significant and Maximum Risk Fires
Fire departments should maintain the capability to provide additional alarm
assignments when situations are beyond the capacity of the initial first alarm
assignment. The National Fire Protection Agency (NFPA) standard recommends
when an incident escalates beyond an initial full alarm assignment, or when a
significant risk is presented, the Incident Commander (IC) upgrade the number of
resources at the incident scene to provide for the increase of the Rapid
Intervention Team (RIT) from a partial crew of 2 firefighters to a full Rapid
Intervention Crew of 4 firefighters. NFPA further recommends that the IC also
deploy a safety officer.
CRITICAL TASK PERSONNEL
Command / Safe 4
Pump Operators 2
Attack Lines 4
Back-up Lines 4
Search and Rescue 4
Ventilation 4
RIT 4
Total Number of Firefighters 26
26
❖ Equipment and personnel responding may be reduced because of
multiple emergencies or extenuating circumstances.
B. Emergency Medical Services
Routine, Single Patient EMS Incident
AF&R has determined that 2 Firefighter/Paramedics are able to provide the
necessary EMS care for the majority of EMS Responses. In those cases where
a significant life threatening emergency has been identified by the dispatch
center, 2 more personnel are dispatched to the scene to assist with the additional
critical tasks that these kinds of calls generate. These calls are coded a "David"
response.
The following illustration shows the resources needed at most medical
emergencies.
EMS RESPONSES
"David" Level Responses All Other Response Levels
1
Firefighter Firefighter
Firefighter Firefighter
Engineer Firefighter
❖ Equipment and personnel responding may be reduced because of
multiple emergencies or extenuating circumstances.
❖ Motor vehicle accidents and airplane incidents both start at the
"David" level response on first alarms.
"David" responses can be defined as those types of medical emergencies
which are immediately life threatening and will require more than 2
personnel to help mitigate the crisis.
27
Mass Casual Incident
r
To provide the resources needed to handle the needs during a mass casualty
incident that goes beyond the capability of local resources, Jackson County has
implemented the Ambulance Resource Management System (A.R.M.S.). The
A.R.M.S. allows one strategic dispatch to utilize all ambulance resources
available to respond to emergencies.
C. Wildland Fires
During peak fire season AF&R units respond to multiple wildland incidents both
inside and outside of the primary boundaries of our response area. AF&R's
primary responsibility is protection of life including evacuation of residents from
the fire area. Secondary to life, property protection is prioritized, meaning that the
advance of the fire may continue until protection of both life and property are
addressed. Mutual aid from Jackson County District #5, Oregon Department of
Forestry (ODF), and the U.S. Forest Service is absolutely critical to address
potentially overwhelming demands for protection of life and property, and to
suppress the wildfire itself if AF&R units are fulfilling primary goals first.
28
Small Wildland Fire
Two acre fire in Lithia Park
Because wildland fires could have such a disastrous effect upon the City, AF&R
has placed a significant interest in extinguishing any small brush/grass fires as
quickly as possible. Initial alarm assignments have all available personnel
responding to the scene. The fire pictured above occurred in Lithia Park in late
July. The mitigating factors that stopped the fire from spreading to up slope
homes and toward the watershed were a rapid response from fire crews and the
fuels reduction program which had eliminated ladder fuels from the area.
The following chart shows the initial alarm assignment for any wildland fire that
occurs within the City.
Small Wildland Fires less than one acre
CRITICAL TASK PERSONNEL
1
2
3
1
7
29
❖ At minimum staffing, the above numbers do not leave any personnel
available to staff an ambulance
❖ During the fire season°AF&R will also receive assistance from ODF
and the U.S. Forest Service, including helicopter and fixed wing
aerial resources.
❖ Equipment and personnel responding may be reduced because of
multiple emergencies or extenuating circumstances.
Small Wildland Fire - 7 Firefighters
❑ ❑ ❑ ❑ incident
Command
L
\ \ Attack Line
Brush Rig
Pump Operator
Operator
Pump
/ Operator
Large Wildland Fire
When wildland fires escalate beyond a first alarm assignment, additional
resources must be requested through additional alarms. Additionally, Strike
Teams and Task Forces may be requested from Jackson and Josephine
Counties. Further escalation of the incident or the potential for serious impacts to
the community can necessitate declaration of a conflagration in order to mobilize
State-wide resources. Typical critical tasks required during a large wildland fire
are listed below:
❖ Establish a Unified Incident Command Structure
❖ Provide an Incident Safety Officer
30
❖ Evacuate residents as needed
❖ Delegate Division and Group Supervisor "responsibility
❖ Request and direct fire control activities using air tankers and helicopters
❖ Fire control/structure protection with engines
❖ Fire control with dozers
❖ Fire control with hand crews
❖ Provide mobile water supply
❖ Tactical planning including structure triage and GIS mapping
D. Technical Rescue
The following graph indicates the minimum number and type of responders
needed to perform a Technical Rescue. At this time, because of the elimination
of the training funds for Technical Rescue, there is no actual "Team". As it
stands, there are several individuals on each shift who have a basic
understanding of various rescue disciplines. In cases where we need additional
expertise or services, AF&R might be able to utilize outside organizations for
assistance with a significant delay.
Incident type Technical Rescue Firefighters Total
Trained Firefighters
Reach and Treat Medical 1 3 4
Low Angle 1 6 7
High Angle 9 6 15
Confined Space no rigging) 6 4 10
Confined Space with rigging) 9 6 15
SECTION FOUR: ESTABLISHING OBJECTIVES
This section discusses the basis for fire department response objectives. Fire
department response objectives are typically based on:
1. The dynamics of fire growth.
2. The events involved in a life threatening emergency medical incident.
These two types of emergency responses have extensive scientific information
available thus making them quantifiable. This section provides the definitions of
31
response times, a discussion on each of the above items, and the associated
department goals.
A. The Elements of Response Time
Response times are a critical component in the control and mitigation of an
emergency incident. Understanding the standardized elements of response time
is important in order for a fire department to measure its response effectiveness.
The National Fire Protection Association definitions concerning fire
responses are as follows:
Dispatch Time - The point of receipt of the emergency alarm at the public safety
answering point to the point where sufficient information is known to the dispatcher and
applicable units are notified of the emergency.
Tumout Time - The time beginning when units acknowledge notification of the
emergency to the beginning point of response time.
Response Time - The travel time that begins when units are an route to the
emergency incident and ends when units arrive on scene.
Jackson County Ambulance Service Plan defines ambulance response times
as follows:
Notification Time - The length of time between the initial receipt of the request
for EMS by either a provider or an emergency dispatch center (911) and the
notification of the ASA provider.
Response Time - The length of time between the notification of each provider
and the arrival of each provider's emergency medical service unit(s) at the
incident scene or at the end of an ambulance access point.
On-Scene Time - The point at which the responding unit arrives on the scene of
the emergency.
System Response Time - The elapsed time from when the Public Safety
Answering Point receives the call until the arrival of the appropriate provider
unit(s) on scene.
32
B. Dynamics of Fire Growth and Flashover
In order for firefighters to provide the most effective service, and to significantly
reduce the risk of life and property loss, they must arrive at a structure fire in a
short period of time with adequate resources. Matching the arrival of resources
with a specific point in the fire's growth is one of the greatest challenges for a fire
department. Finding the specific point in a fire's growth can be accomplished by
identifying the stages of a fire.
Stages of a Fire
Regardless of the speed of growth, or length of burn time, all fires inside a
compartment or building go through the same stages. A fire in a compartment
begins with the "Ignition" stage and when left unaddressed will develop through
the Growth, Flashover, Fully Developed, and Decay stages. One particular stage
emerges as being very significant because it marks a critical change in
conditions. This phase is called the "Flashover' phase.
The following provides a brief overview of the stages of fire within a
compartment:
Ignition Stage - Ignition describes the period when a heat source is applied to a
combustible fuel package, in the presence of oxygen, and a continuous chemical
chain reaction known as combustion begins. At this point the fire is small and
generally confined to the material (fuel) first ignited.
Growth Stage - During this stage, the combustion process continues to release
increased levels of heat while nearby objects reach their ignition temperature,
and begin to burn. Superheated gases rise to the ceiling, spread outward and
begin to bank down the walls of the enclosure consuming all available oxygen in
the room and raising the heat levels to reach the next stage.
Flashover Stage - Flashover is the transition between the growth and the fully
developed fire stages. During flashover, the conditions in the compartment
change very rapidly, and the fire changes from one that is dominated by the
burning material first ignited, to one that involves all of the exposed combustible
surfaces within the compartment.
Fully Developed Stage - The fully developed fire stage occurs when all
combustible materials in a compartment are involved in fire. During this period of
time, the burning fuels in the compartment are releasing the maximum amount of
heat possible for the available materiels, and producing large volumes of fire
gasses. Afire at this stage requires significantly more resources (water, hoses,
and personnel) to control, due to the massive amount of heat energy involved.
Also, during this stage, hot unburned fire gasses are likely to begin flowing from
the compartment of origin into adjacent spaces or compartments. These gasses
33
ignite as they enter a space where air is more abundant, causing the fire to
spread further.
t~°. +E Mx 1 , ry
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Decay Stage - During this stage, the fire diminishes and temperatures begin to
decline because the fire has already consumed the available fuels in the
compartment.
Flashover
"Flashover" is a critical stage of fire growth for various reasons. The predominate
reasons that this phenomenon is so critical is that no living thing can survive in
the flashover room, and that it creates a rapid increase in the rate of combustion
which requires a greater amount of water to reduce the burning material below
their ignition temperature. After flashover has occurred the fire burns much hotter
and spreads at a much more significant pace. Once flashover has occurred
search and rescue efforts become more difficult in the remainder of the building.
Also, the occurrence of flashover causes an increased need for fire suppression
personnel to mitigate the incident in a timely manner.
The following graph represents the stages of fire growth. This graph also
identifies the time elements involved in flashover such as the detection and
reporting of the fire, dispatch processing time, and the fire department's response
time.
34
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D1910.701 -
1 1
The following table compares pre and post flashover conditions:
Before Flashover : After Flashover
Limited to one room May spread beyond one room
Requires smaller attack lines Requires more, and larger attack lines
Search and Rescue is easier/safer Compounds Search and Rescue
Initial assignment can handle Requires additional companies
Staffing and equipment needs can be reasonably predicted for different risk
levels and fire stages. The correlation of staffing and equipment needs with fires
according to their stage of growth is the basis for response coverage. The goal is
to maintain and strategically locate enough firefighters and equipment so a
minimum acceptable response force can reach a reasonable number of fire
scenes before flashover occurs.
To minimize risk, the department strives to extinguish small fires quickly before
they reach flashover potential to minimize risk. As flashover is such a significant
fire event, preventing this stage of fire behavior is imperative. Time is a key factor
in this effort. Once flashover potential is reached, an exponential increase occurs
not only in the rate of combustion, but in the amount of resources necessary to
mitigate the fire emergency. For these reasons Ashland Fire & Rescue has
established the following goal:
35
Goal #1
AF&R will respond to 90% of all fire suppression calls inside the City of
Ashland with a response time of 5 minutes or less. * AF&R will use the NFPA
established measuring criteria concerning emergency fire response times.
2008 FIRE RESPONSE GOAL
100%
so% '
80% 1 Al 11 --1 It
A ~4
ge d
(9 Arrival Within 5 Minutes of Dispatch 0Arrival After 6 Minutes of Dispatch
❖ Fire suppression calls include: Structure Fires, Wildland Fires,
Vehicle Fires, and Fire Alarm Sounding calls.
C. Emerciencv Medical Services Benchmarks and Expectations
Life Threatening Medical Emergencies - Basis for Response Objectives
Using life threatening medical emergencies as a basis for setting EMS response
time performance objectives has become a fire and EMS industry norm. The
American Heart Association has shown that the likelihood of a patient surviving a
36
life threatening medical emergency is improved if CPR and defibrillation are
initiated within 4 minutes of the onset of the medical emergency.
PATIENT SURVIVABILITY
WITH EARLY DEFIBRILLATION
100-
_J
5 80
fi0
a
w 40
U
i 20
V
0
1 2 3 4 5 6 7 8 9 10
ELAPSED TIME IN MINUTES
From an emergency medical perspective, the service-level objective typically is
to provide medical intervention within a six-minute timeframe, as brain damage is
very likely at six minutes without oxygen. However, in a cardiac arrest situation,
survivability dramatically decreased beyond four minutes without appropriate
intervention. Intervention includes early recognition and bystander CPR.
Early defibrillation is often called the critical link in the chain of survival because it
is the only way to successfully treat most sudden cardiac arrests. When cardiac
arrest occurs, the heart starts to beat chaotically (fibrillation) and cannot pump
blood efficiently. Time is critical. If a normal heart rhythm is not restored in
minutes, the person will die. In fact, for every minute without defibrillation, the
odds of survival drop seven to ten percent. A sudden cardiac arrest victim who is
not defibrillated within eight to ten minutes has virtually no chance of survival.
The shortest possible response times create the highest probabilities of
37
resuscitation. For these reasons Ashland Fire & Rescue has established the
following goal:
Goal #2
AF&R will provide emergency medical services to 90% of patients within
ASA time standards.
ZONE STANDARD
Urban 8 minutes
Suburban 15 minutes
Rural 45 minutes
Frontier 2 Hours
EMS RESPONSE GOAL
100%
90%
80%
2000 2001 2002 2007 2004 2005 2000 2007 2000
O# of Calls Within ASA Standards ® # of Calls Not Within ASA Standards
SECTION FIVE: RESPONSE RELIABILITY
Response reliability addresses the probability that the required amount of staffing
and apparatus will be available when a fire or other emergency call is received. If
38
every piece of apparatus in each station were available every time a fire call was
received, the response reliability for each station would be 100%. As the number
of calls per day increases, and line staffing decreases, the likelihood that a
needed piece of equipment and/or personnel will already be busy with an existing
incident will increase. For example, in January of this year there were 27 times
when two overlapping emergency responses occurred, 8 times when three
overlapping emergency responses occurred and 3 times when four overlapping
emergency responses occurred. Consequently, during these times, AF&R's
response reliability decreases. The following chart shows the number of times
there have been multiple alarms occurring at the same time:
MULTIPLE ALARMS
800-
C
700-
N
C
w
0
600 717 7 7
E 6' 4
3
Z 500
2005 2006 2007 2008
While AF&R utilizes mutual aid agreements to receive equipment and manpower
from neighboring departments, response times will be longer than those
recommended by NFPA and ASA standards. The following steps have been
taken to help with low staffing levels and multiple alarms:
1) All firefighting personnel have been issued a pager and are encouraged to
return to duty when a "call-back" for personnel is initiated.
2) An Automatic and Mutual Aid Agreement is maintained with all fire and
ambulance agencies in Jackson and Josephine Counties.
3) Automatic Aid is pre-programmed through six alarm assignments, providing a
systematic method to bring additional resources to the incident as needed.
4) AF&R maintains Automatic and Mutual Aid Agreements with the Oregon
Department of Forestry and the United States Forest Service for grass, brush
and forest fires.
39
, Y
SECTION SIX: CONCLUSION
NFPA 1710, Standard for the Organization and Deployment of Fire Suppression
Operations, Emergency Medical Operations, and Special Operations to the
Public by Career Fire Departments describes what an optimal fire department
emergency response would be, to safely and efficiently handle different types of
emergencies. Although AF&R is unable to meet these standards at this time,
AF&R will continue to use NFPA 1710 standard as a goal for improvement in the
future. AF&R will continue its efforts to meet the community's needs for fire
protection, emergency medical services, response to hazardous conditions,
community emergency preparedness, plans review, interface fuel reduction and
planning with the available resources.
40
CITY OF
ASHLAND
Council Communication
A Resolution Authorizing a Full Faith & Credit Financing Agreement and Related
Matters for Water and Wastewater Capital Projects, Reimbursing the City for
Costs and Repealing Resolution Nos. 2008-37 and 2008-40.
Meeting Date: April 21, 2009 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Dept.: Administration, Secondary Contact:
Public Works
Approval: Martha Benn Estimated Time: 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 reimburse the City for capital costs on Water
and Wastewater projects? -
Staff Recommendation:
Staff recommends approval of the attached resolution.
Background:
During the last two fiscal years the City has been constructing approved water and wastewater projects
and funding the costs on a cash basis. The projects should have been financed in advance but staff
availability and other barriers have delayed borrowing for projects. The delays in financing have
greatly reduced cash balances in both funds and these balances need to be restored to protect reserves.
Changes in the municipal financing market have also contributed to delays in financing and made it
more difficult to do some kinds of borrowing such as revenue-backed bonds. Such a difficulty is the
requirement to borrow large cash balances on revenue bonds and higher interest rates that, when
combined, force annual debt service amounts and utility rate increases that are difficult to accept.
Council did authorize Resolutions 2008-37 (revenue bonds) and 2008-40 (full faith & credit bonds) in
2008 but changes in the bond market, project lists and the introduction of stimulus package
opportunities stopped us from moving forward.
At this time, the work on subject projects is complete or near complete and the City would like to
reimburse itself for all qualifying costs. These projects do not qualify for reimbursement from
stimulus money since they are complete. The qualifying expenses paid by operations are $699,540 in
the Water Fund and $298,648 in the Wastewater Fund.
Staff recommends that any costs for completing the loan be included in the financing to maximize the
cash flow to the funds.
Staff and the financial advisor have contacted banks for interest in capital financing on a small scale
and Bank of America has offered an attractive quote for Full Faith & Credit financing. The initial
1
CC - Rcs for FF&C Financing of Water-Wastewater Projects 4-21-09.doc
CITY OF
ASHLAND
proposal is approximately 4.7% interest for 15 years. This offer makes it advantageous for the City to
repeal the previous resolutions totaling $8.5 million and bundle both enterprises' projects into a
relatively simple financing with lower debt service payment for each fund.
Accepting this offer removes the need to borrow additional monies to guarantee payment of annual
debt service, provides lower interest rates that saves money and gives the funds flexibility by pledging
to meet obligations with any legal source of revenue the City chooses. The annual debt service is
currently estimated at $70,000 per year in the water Fund and $30,000 per year in Wastewater for the
15 year financing.
If needed, the City would have to raise water and/or sewer rates to meet the annual obligation or could
utilize other revenue streams like property taxes, fees or charges during the life of the loan. In both
funds, the City would look first to water and sewer rates to be sufficient enough to meet the obligation.
The recent rate increases should be sufficient to meet the payment obligation with reasonable sales
revenue.
Attached is a resolution for the above. Only $1 million for projects (plus an amount for related
financing costs) will be borrowed at this time. As is routine, the resolution includes an amount
significantly greater than the actual amount of financing anticipated. In this case, the $3 million could
be reduced by half but Council may want to leave it as is to eliminate subsequent work if other projects
are subsequently approved and financing is needed.
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 Water and Wastewater
capital projects.
Attachments:
Resolution authorizing a financing agreement
Resolution 2008-37
Resolution 2008-40
2
CC - Res for FF&C Financing of Water-Wastewater Projects 4-21-09.doc
~r,
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY,
OREGON AUTHORIZING A FULL FAITH AND CREDIT FINANCING
AGREEMENT AND RELATED MATTERS.
WHEREAS, the City Council of the City of Ashland, Jackson County, Oregon (the
"City") is authorized by Oregon Revised Statutes Section 271.390 to enter into financing
agreements to finance real or personal property that the City Council determines is needed; and
WHEREAS, the City has paid for capital projects for the City's water and wastewater
systems (collectively, the "Projects"); and
WHEREAS, the City Council hereby determines that the Projects are needed, and that it
is desirable to refinance the Projects pursuant to ORS 271.390;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Ashland, Oregon as follows:
Section 1. Loan Agreement Authorized.
The City is hereby authorized to enter into one or more financing or loan agreements in an
aggregate principal amount of not more than $3,000,000 (each a "Loan Agreement") pursuant to
ORS 271.390. Loan proceeds shall be used to refinance the Projects and to pay costs associated
with each Loan Agreement. The City Administrator, the Finance Director, or the person
designated by the City Administrator to act as Finance Director under this resolution (each a "City
Official") are each hereby authorized, on behalf of the City and without further action by the
Council, to:
(1) Issue one or more Loan Agreements;
(2) Determine the final principal amount, interest rates, payment dates, prepayment rights and
all other terms of each financing;
(3) Negotiate, execute and deliver a note to evidence amounts due under each Loan
Agreement;
(4) Negotiate and execute each Loan Agreement with Bank of America, N.A or any other
commercial bank. Subject to the limitations of this resolution, each Loan Agreement may
be in such form and contain such terms as the City Official may approve;
(5) Determine whether each Loan Agreement will bear interest that is excludable from gross
income under the Internal Revenue Code of 1986, as amended (the "Code"), or is
includable in gross income under that Code. If a Loan Agreement bears interest that is
excludable from gross income under that Code, the City Official may enter into covenants
to maintain the excludability of interest on that financing from gross income;
Page 1 - Resolution No. FF&C Financing Agreement
(6) Designate each Loan Agreement as a "qualified tax-exempt obligation" pursuant to
Section 265(b)(3) of the Code if applicable;
(7) Execute and deliver any other certificates or documents and take any other actions that the
City Official determines are desirable to carry out this resolution.
Section 2. Security.
Each Loan Agreement shall constitute an unconditional obligation of the City, which is
payable from all legally available funds of the City. The City Official may pledge the City's full
faith and credit and taxing power within the limitations of Sections 11 and l lb of Article XI of the
Oregon Constitution, and any and all of the City's legally available funds, to make the payments
due under each Loan Agreement.
Section 3. Repeal of Previous Resolutions.
The City hereby repeals Resolution Nos. 2008-37 and 2008-40.
Section 4. Effective Date.
This resolution was duly PASSED and ADOPTED this 21st, day of April, 2009, and takes
effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 21st day of April, 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 - Resolution No. FF&C Financing Agreement
RESOLUTION NO. A00O -3
A RESOLUTION OF CITY OF ASHLAND, JACKSON COUNTY,
OREGON, AUTHORIZING THE ISSUANCE OF WATER REVENUE
BONDS FOR A TOTAL OF NOT TO EXCEED $5,975,000, AND
PROVIDING FOR PUBLICATION OF NOTICE.
BE IT RESOLVED by the City Council (the "Council") of the City of Ashland (the "City") that:
Section 1. Findings
The Council finds as follows:
1.1 It is financially feasible and in the best interests of the City to authorize the issuance of
bonds under ORS 287A.150 to finance improvements, property acquisition and other public
purposes related to the water system including reservoir improvements and water rights for the
supply system, water plant process and filter improvements in the treatment system, and water
lines, water line upsizing, and reservoirs for fire flows in the distribution system, and to pay all cost
incidental thereto (the "Projects").
1.2 The City is authorized to issue revenue bonds for any public purpose under ORS 287A.150
(the "Act"). Revenue bonds issued under the Act may be payable from all or any portion of the
revenues and other funds of the City's water system (the "Revenues").
1.3 It is desirable to obtain $5,975,000 of bonding authority to finance the Projects.
1.4 The City has previously issued water revenue bonds under the City's Master Water
Revenue Bond Declaration.
Section 2. Bonds Authorized
The City hereby authorizes the issuance of not more than Five Million Nine Hundred Seventy-five
Thousand Dollars ($5,975,000) in aggregate principal amount of revenue bonds to finance the
Projects and pay related costs. The bonds authorized by this resolution (the "Bonds") shall be
issued and sold in accordance with the Act, and shall be payable solely from the Revenues which
the City pledges to pay the Bonds.
Section 3. Notice; Procedure
3.1 No Bonds may be sold, and no purchase agreement for the Bonds may be executed, until at
least sixty (60) days after publication of the Notice of Revenue Bond Authorization, which is
attached to this resolution as Exhibit "A" (the "Notice"). The Notice shall specify the last date on
which petitions may be submitted, and shall be published in at least one newspaper of general
circulation in the City in the same manner as are other public notices of the City.
3.2 If petitions for an election, containing valid signatures of not less than five percent (5%) of
the City's electors, are submitted to the City by the date indicated in the Notice: the question of
issuing the Bonds shall be placed on the ballot at the next legally available election date; and, no
Page 1 of 4
Bonds may be sold under Section 5 of this resolution until the question of issuing those Bonds is
approved by a majority of the electors of the City who vote on that question. If sufficient petitions
to refer the question of issuing the Bonds to the electors are not submitted to the City, within 60
days after the notice is published the City may sell the Bonds pursuant to Section 5 of this
resolution.
Section 4. Bonds Payable Solely from Revenues
The Bonds shall not be general obligations of the City, and neither the authorization nor issuance
of the Bonds shall authorize the City to levy any additional taxes. The Bonds shall be payable
solely from the portion of the Revenues which the City pledges to payment of the Bonds.
Section 5. Delegation.
After the City is authorized to sell the Bonds in accordance with Section 3 of this resolution, the
City Administrator, the Finance Director, or the person designated by the City Administrator to
act as Finance Director under this resolution (any of whom is referred to in this resolution as a
"Finance Director") may, on behalf of the City and without further action by the Council:
5.1 Provide that the Bonds may be issued in one or more series, which may be sold at different
times.
5.2 Issue one or move series of Bonds as "Parity Obligations" under the Master Water
Revenue Bond Declaration.
5.3 Issue one or more series of the Bonds to provide interim financing for the Project, secure
those Bonds with subordinate liens on the Revenues, enter into lines of credit or similar
documents which permit the City to draw Bond proceeds over time, and issue Bonds to
refund the Bonds that provide interim financing for the Project.
5.4 Participate in the preparation of, authorize the distribution of, and deem final the
preliminary and final official statements and any other disclosure documents for each
series of the Bonds.
5.5 Establish the final principal amounts, maturity schedules, interest rates, sale prices,
redemption terms, payment terms and dates, record dates and other terms for each series of
the Bonds.
5.6 Select one or more commercial banks or underwriters and negotiate the sale of any series
with those commercial banks or underwriters, or publish a notice of sale, receive bids and
award the sale of each series to the bidder complying with the notice and offering the most
favorable terms to the City.
5.7 Undertake to provide continuing disclosure for any series of the Bonds in accordance with
Rule 15c2-12 of the United States Securities and Exchange Commission.
5.8 Apply for and purchase municipal bond insurance or other forms of credit enhancement
for any series of the Bonds, and enter into related agreements.
Page 2 of 4
5.9 Amend the Master Water Revenue Bond Declaration to adapt it to current market
conditions.
5.10 Finalize the terms of, execute and deliver bond declarations that describe the terms of each
series of the Bonds. The bond declarations may also contain covenants for the benefit of
the owners and any insurers of the Bonds.
5.11 Appoint and enter into agreements with service providers for the Bonds.
5.12 Determine whether each series of Bonds will bear interest that is excludable from gross
income under the Internal Revenue Code of 1986, as amended, or is includable in gross
income under that code. If a series bears interest that is excludable from gross income
under that code, the Finance Director may enter into covenants to maintain the
excludability of interest on that series of the Bonds from gross income.
5.13 Execute any documents and take any other action in connection with the Bonds which the
Finance Director finds will be advantageous to the City.
This resolution was duly PASSED and ADOPTED this -JL day of ~dU
2Xz ffect upon si gning by the Mayor.
Barbara Christensen, City Recorder /
SIGNED and APPROVED this ~ day of'! afti 2008.
John . Morriso Mayor
Reviewed as to form:
Ric d Appicello, Attorney
Page 3 of 4
Exhibit A
Notice of Revenue Bond Authorization
NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland,
Oregon (the "City"), adopted Resolution No.ZODS- 37 on November 4, 2008, authorizing the
issuance of revenue bonds to finance improvements, property acquisition and other public
purposes related to the water system including reservoir improvements and water rights for the
supply system, water plant process and filter improvements in the treatment system, and water
lines, water line upsizing, and reservoirs for fire flows in the distribution system, and to pay all
cost incidental thereto (the "Projects").
The revenue bonds described in this notice will not be issued in an aggregate
principal amount of more than Five Million Nine Hundred Seventy-five Thousand Dollars
($5,975,000). The bonds shall be payable solely from the portion of the revenues and other
funds of the City's water system that the City pledges to the payment of the bonds. The bonds
shall not be general obligations of the City, nor a charge upon its tax revenues, but will be
payable solely from the revenues which the City pledges to the payment of the bonds.
If written petitions requesting an election on the issuance of the bonds, signed by
not less than five percent (50/6) of the City's electors, are filed at the Office of the City Recorder
on or before 200 a 61 st day after the date of publication of the notice), the
question of issuing t fie bonds MT be placed on the ballot at the next legally available election
date.
The Office of the City Recorder is located at 20 East Main, Ashland, Oregon
97520.
The resolution authorizing the bonds is available for inspection at the Office of
the City Recorder.
The bonds will be issued and sold under the Act; this Notice is published pursuant
to ORS 287A.150.
By order of
THE CITY COUNCIL OF CITY OF ASHLAND,
Jackson County, Oregon
Page 4 of 4
Exhibit A to Resolution
RESOLUTION NO. 20iff- fol
A RESOLUTION OF CITY OF ASHLAND, JACKSON COUNTY,
OREGON, AUTHORIZING THE ISSUANCE OF BONDS TO FINANCE
WASTEWATER SYSTEM IMPROVEMENTS IN A PRINCIPAL
AMOUNT OF NOT TO EXCEED $2,500,000, AND PROVIDING FOR
PUBLICATION OF NOTICE
BE IT RESOLVED by the City Council (the "Council") of the City of Ashland (the "City") that:
Section 1. Findings
The Council finds as follows:
1.1 It is financially feasible and in the best interests of the City to authorize the issuance of
bonds under ORS 287A.150 to finance wastewater plant improvements, pump stations and
wastewater line improvements and realignments in cooperation with other projects (the
"Projects") and to pay related costs.
1.2 The City is authorized to issue bonds for any public purpose under ORS 287A.150. ORS
287A.150 requires the City to publish a notice describing the bonds and the revenues that will
secure the bonds.
1.3. ORS 287A.150 allows the City to secure bonds issued under the act with any revenues of
the City (as defined in ORS 287A.001(16)) that are described in the notice that the City
publishes pursuant to ORS 287A.150. ORS 287A.001(16) defines "revenues" as "all or any
portion of the fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges,
rentals and other income or receipts derived by the City or to which the City is entitled.
1.3 It is desirable to obtain $2,500,000 of bonding authority to finance the Projects pursuant
to ORS 287A.150, and to allow the City to secure those bonds with all or any portion of the
City's revenues, as defined in ORS 287A.001(16).
Section 2. Bonds Authorized
The City hereby authorizes the issuance of not more than Two Million Five Hundred Thousand
Dollars ($2,500,000) in aggregate principal amount of bonds pursuant to ORS 287A.150 to
finance the Projects and pay related costs. The bonds authorized by this resolution (the "Bonds")
shall be issued and sold in accordance with the Act, and shall be payable from the revenues of
the City which the City pledges to pay the Bonds. The City may provide that the Bonds will be
secured by all legally available revenues of the City. The City may pledge its full faith and
credit to pay the Bonds, and may pledge its taxing power within the limitations of Article XI,
Sections I 1 and l lb of the Oregon Constitution.
Section 3. Notice; Procedure
3.1 No Bonds may be sold, and no purchase agreement for the Bonds may be executed, until
at least sixty (60) days after publication of the Notice of Bond Authorization which is attached to
this resolution as Exhibit "A" (the "Notice"). The Notice shall specify the last date on which
petitions may be submitted, and shall be published in at least one newspaper of general
circulation in the City in the same manner as are other public notices of the City.
3.2 If petitions for an election, containing valid signatures of not less than five percent (5%)
of the City's electors, are submitted to the City by the date indicated in the Notice: the question
of issuing the Bonds shall be placed on the ballot at the next legally available election date; and,
no Bonds may be sold until the question of issuing those Bonds is approved by a majority of the
electors of the City who vote on that question. If sufficient petitions to refer the question of
issuing the Bonds to the electors are not submitted to the City within 60 days after the notice is
published the City may sell the Bonds pursuant to Section 5 of this resolution. "
This resolution was duly PASSED and ADOPTED this A? day of ~OVls4c yG/~ ,
2008, d takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder J'~
SIGNED and APPROVED this day of V~~/WJ'2'008.
Jo W. Morrison, ayor
Reviewed as to form:
'Ric yard Appicell ty Attorney
Exhibit A
Notice of Bond Authorization
NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland,
Oregon (the "City"), adopted Resolution No. on November 18, 2008, authorizing the
issuance of bonds to finance wastewater plant improvements, pump stations and wastewater line
improvements and realignments in cooperation of other projects and to pay related costs.
The bonds described in this notice will not be issued in an aggregate principal
amount of more than Two Million Five Hundred Thousand Dollars ($2,500,000). The City may
provide that the bonds will be secured by all or any portion of the City's legally available tax and
other revenues, and the City may pledge its full faith and credit and its taxing power within the
limitations of Article XI, Sections I 1 and 1 I b of the Oregon Constitution to pay the bonds.
However, the bonds will not be general obligations of the City and the City will not be entitled to
levy taxes outside the limitations of Article XI, Sections 11 and l lb of the Oregon Constitution
to pay the Bonds.
If written petitions requesting an election on the issuance of the bonds, signed by
not less than five percent (5%) of the City's electors, are filed at the Office of the City Recorder
on or before , 2009 (the 61 st day after the date of publication of the notice), the
question of issuing the bonds shall be placed on the ballot at the next legally available election
date. 4
The Office of the City Recorder is located at 20 East Main, Ashland, Oregon
97520.
The resolution authorizing the bonds is available for inspection at the Office of
the City Recorder.
The bonds will be issued and sold and this Notice is published pursuant to ORS
287A.150.
By order of
THE CITY COUNCIL OF CITY OF ASHLAND,
Jackson County, Oregon
CITY OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date: April 21, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennet Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Mark Rosewood dba T's at 303
East Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a change in ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application:
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of I
~I
CITY OF
ASHLAND
Council Communication
Public Hearing and First Reading of Ordinances Adopting
Chapter 18.63 Water Resource Protection Zones and
Related Ordinance and Ashland Comprehensive Plan Amendments
Meeting Date: April 21, 2009 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: molnarb@ashland.or.us
Secondary Dept.: None Secondary Contact: Maria Harris
Approval: Martha Berne Estimated Time: 2 hours
Question:
Should the Council approve an amendment to the Ashland Land Use Ordinance (ALUO) adding
Chapter 18.63 Water Resource Protection Zones and related amendments of the ALUO and
Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors?
Staff Recommendation:
These amendments are recommended by the Ashland Planning Commission and Planning Division
staff after several hearings, and considerable discussion and deliberation.
Background:
After approximately six months of study sessions, site visits and public hearings, the Planning
Commission recommended approval to the City Council of amending the Ashland Land Use
Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and related ALUO and
Comprehensive Plan amendments regarding protection of wetlands, streams and riparian corridors at a
special meetings on October 28, 2008 and November 6, 2008.
The package of amendments includes three components.
• Adding Chapter 18.63 Water Resource Protection Zones to the Ashland Land Use Ordinance
(ALUO).
• Modifying Chapter 18.62 Physical and Environmental Constraints of the ALUO.
• Amending the Ashland Comprehensive Plan to include a Water Resources Map, to revise the
Physical and Environmental Constraints Floodplains Map, and to adopt the Local Wetlands
Inventory (LWI) as a technical study supporting the Ashland Comprehensive Plan.
The September 9, 2008 Staff Department is attached and provided because it includes extensive
background information regarding the reasons for revising local regulations regarding the protection of
wetlands, streams and riparian corridors, the project history and timeline, the value and function of
water resources, a description of the proposal, and an assessment of the project impact.
Packet and Record
A packet of material for the Chapter 18.63 Water Resource Protection Zones and the related ALUO
and Comprehensive Plan amendments was distributed to the City Council on February 12, 2009 in
preparation for the March 2, 2009 City Council study session. The packet is in a binder and is titled
"Water Resource Protection Zones Ordinance: Reference Material." The packet includes the draft of
Page 1 of 5
AR
CITY OF
ASHLAND
Chapter 18.63 Water Resource Protection Zones, revisions to Chapter 18.62 Physical and
Environmental Constraints, the draft Water Resources Map, revisions to the Physical and
Environmental Constraints Floodplain Corridor Lands Map, a draft Stream and Wetland Enhancement
Guide, Planning Commission meeting minutes and the written comments received up to the March 2
study session.
The record for Chapter 18.63 Water Resource Protection Zones and the related ALUO and
Comprehensive Plan amendments is available on the project web page -
www.ashland.or.us/waterresources. The record is approximately 550 pages in length and will not be
provided as a hard copy to the City Council unless requested.
Attached to the Council Communication are eight items including the Planning Division September 9,
2008 Staff Report, the most recent "track changes copy" of Chapter 18.63 Water Resource Protection
Zones, a revised draft Water Resources Map, the draft Floodplain Corridor Lands Map, written
comments received since the March 2, 2009 City Council study session, and three ordinances for the
proposed amendments to the Ashland Land Use Ordinance and Ashland Comprehensive Plan.
The revised "track changes copy" of Chapter 18.63, the Water Resources Map and Floodplain Corridor
Lands Map are intended to replace the previous versions in the Water Resources Protection Zones
Ordinance binder. The "accepted changes copy" of Chapter 18.63 dated 3.2.09 in the binder is no
longer current and should be replaced with the Ordinance Amending the Ashland Land Use Ordinance
Creating a New Chapter 18.63 Water Resource Protection Zones.
Water Resource May Revisions
Kitchen Creek is identified as a fish-bearing stream by Oregon Department of Fish and Wildlife, and
was identified accordingly in the Local Wetlands Inventory (LWI). As a result, the stream is classified
as a Riparian Corridor. While the previous version of the map identified most of Kitchen Creek as a
Riparian Corridor (Kitchen Creek from Bear Creek to N. Mountain Ave., and the north fork of Kitchen
Creek from N. Mountain Ave. to the city limits), the south fork (between N. Mountain Ave. and the
city limits) was not highlighted as a Riparian Corridor. This has been corrected on the revised version
of the Water Resources Map.
Previously, the legend for the Local Streams and Intermittent and Ephemeral Streams included
language requiring a setback from the top of bank. This language has been deleted on the legend
because Chapter 18.63 currently measures the setback for these two stream classifications from the
centerline of the stream.
The revised Floodplain Corridor Lands Map has not been changed since the Water Resource Protection
Zones Ordinance binder was assembled. However, there were printing problems and the previous hard
copy had dropped information such as sections of creek designations. The replacement hard copy is
printed correctly.
Chanter 18.63 Revisions
The most recent "track changes copy" of Chapter 18.63 Water Resource Protection Zones includes the
revisions made after the Planning Commission recommendation decision on November 6, 2008 as well
as several revisions that occurred after the March 2, 2009 City Council study session. For the revisions
that were made after the March 2 meeting, the comment boxes begin with "Revision made after
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3.2.09 City Council study session." A summary of the most recent revisions follows. Section
number as well as the page number and corresponding comment box reference number are included for
each revision.
• In-channel Vegetation Removal, 18.63.060.A.1.f
page 14 - Comment [ul l]
This section was included in the exempt activities for wetlands, but inadvertently left out of
the exempt activities for streams.
• Herbicide Use, 18.63.060.A.3 and 18.63.060.B.3
o page 14 - Comment [u12]
page 20 - Comment [u35]
Exempts use of herbicides for removal of noxious or invasive plants in the stream
bank and wetland protection zones from the requirements of Ch. 18.63. Language
includes reminders to follow the product label, and recommends mowing and hand
removal. Recent research by the Legal Department determined state law effectively
preempts local regulation of pesticide use. [See ORS 634.057. Advocates for
Effective Regulation v. City of Eugene, 160 Or App 292, 981 P2d 368 (1999).
(Prohibition against local laws "regarding sale or use" of pesticides is broadly
construed to preempt any local regulation not within exceptions provided by ORS
634.063 (the exceptions concern building code and fire code).]
o page 24 - Comment [u49], page 25 - Comment [03], page 27 - Comment [u59] and
page28 - Comment [u62]
Deletes language requiring a planning application and land use approval for use of
herbicides to remove noxious or invasive plants in conjunction with restoration
activities. Again, deletion due to impact of state law on local regulation of pesticide
sale or use.
o page 39 - Comment [u72]
pages 40-41 - Comment [u73]
Deletes prohibition of herbicides, pesticides and fertilizers in restoration and mitigation
standards. Again, deletion due to impact of state law on local regulation of pesticide
sale or use.
• Trails, 18.63.060.A.7 and 18.63.060.B.6
page 16 -Comments [ul8], [u20], [u2l], [u23]
page 21 - Comments [u39 - u42]
These sections exempt the installation of unpaved trails in stream bank and wetland protection
zones from the requirements of Ch. 18.63. Language added to "Width and Grade" section b
to increase unpaved trail widths to meet accessibility requirements, and to allow wider trails
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CITY OF
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in high pedestrian traffic areas is public parks. Also, language added to allow educational
displays such as wildlife habitat structures.
• Structure Maintenance, Replacement and Expansion, 18.63.060.A.13.a and
18.63.060.B.9.a
pages 17-18 - Comment [u28]
page 22 - Comment [u45]
Language added requiring repair and reconstruction of nonconforming structures to be
consistent with the flood prevention requirements of Chapter 15.10 of the Ashland Municipal
Code (AMC).
Related City Policies:
Chapter IV Environmental Resources, Ashland Comprehensive Plan
Chapter 18.72 Physical and Environmental Constraints, ALUO
Chapter 18.88 Performance Standards Option, ALUO
Chapter 18.72 Site Design and Use Standards, ALUO
Section 18.108.170, ALUO
Council Options:
The Council may approve, approve with modifications, or deny the legislative amendment.
Potential Motions:
1. Move to approve first reading of the following ordinances and request that the ordinances be
brought back for second reading.
• An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63
Water Resource Protection Zones
• An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental
Constraints Chapter (AMC 18.62) Concerning Consistency with New Chapter AMC
18.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of
Claims
• An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV,
Environmental Resources to Add a New and Updated Resource Maps and Adopting the
Local Wetlands Inventory as a Supporting Document
2. Move to approve first reading with proposed amendments as noted after each ordinance, and
request that the ordinances be brought back for second reading.
• An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63
Water Resource Protection Zones
• An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental
Constraints Chapter (AMC 18.62) Concerning Consistency with New Chapter AMC
18.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of
Claims
• An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV,
Environmental Resources to Add a New and Updated Resource Maps and Adopting the
Local Wetlands Inventory as a Supporting Document
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CITY OF
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3. Move to deny the ordinance and related ALUO and Ashland Comprehensive Plan amendments as
proposed.
Attachments:
1. September 9, 2008 Planning Department Staff Report
2. Track Changes Copy of Chapter 18.63, Water Resource Protection Zones
3. Draft Water Resources Map
B,nA 4. Draft Floodplain Corridor Lands Map
5. Written comments received since March 2, 2009 City Council Study Session
6. An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63 Water
Resource Protection Zones
7. An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental Constraints
Chapter (AMC 18.62) Concerning Consistency with New Chapter AMC 18.63, Water Resource
Protection Zones and Reservation of Regulations for Purposes of Claims
8. An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV, Environmental
Resources to Add a New and Updated Resource Maps and Adopting the Local Wetlands Inventory
as a Supporting Document
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
September 9, 2008
PLANNING ACTION: 2007-01137
APPLICANT: City of Ashland
ORDINANCE REFERENCE: 18.62 Physical and Environmental Constraints
REQUEST: Adoption of an Ordinance adding Chapter 18.63 Water Resource Protection Zones to
and modifying Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use
Ordinance (ALUO). Also, an Ordinance to amend the Ashland Comprehensive Plan to adopt the
Water Resources Map including significant wetlands and riparian corridors with the Local
Wetlands Inventory and Assessment and Riparian Corridor Inventory adopted by reference, as a
technical study within the Ashland Comprehensive Plan, and to revise the Floodplain Corridor
Lands Map to provide consistency with the stream classifications with the Water Resources Map.
1. Relevant Facts
A. Background
The revision of Ashland's regulations regarding the protection of wetlands,
streams and riparian corridors has been a multi-year project involving a significant
amount of staff time, consultant time and volunteer time (Wetland and Riparian
Technical Advisory Committee, Planning Commission and City Council). The
project was identified as a City of Ashland Council Goal in 2001. In the spring of
2003, Fishman Environmental Services was awarded a contract to conduct a local
wetland and riparian inventory. Approximately 1,500 letters were mailed to
properties with potential natural resources sites, requesting the property owner to
permit the consultants' access to their property to conduct fieldwork.
Subsequently, two public open house meetings to discuss and update citizens on
the status of the inventory and project were held in June 2003 and in November
2003. The Oregon Division of State Lands approved Ashland's Local Wetlands
Inventory and Assessment and Riparian Corridor Inventory in March 2007.
The second phase of the project was conducted during 2004-2005 when staff
worked with the Wetland and Riparian Technical Advisory Committee to write a
draft ordinance. The draft that came out of the technical advisory committee was
reviewed by Fishman Environmental Services. The final phase of the project
began approximately a year ago with a series of Planning Commission study
sessions in August and November 2007. The study sessions were followed by a
public workshop in April 2008 for interested property owners and the general
public. Oregon state law requires a written notice to be mailed to property owners
when a proposed land use regulation may affect the use of their property. As a
result, approximately 1,800 notices were mailed to property owners that have
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report - 9.9.08
Applicant: City of Ashland Page 1 of 14
properties containing or located near wetlands and streams in Ashland. At the
April 22, 2008 Public Workshop, approximately 40 people attended, and thirteen
people asked questions and made comments regarding the draft ordinance.
While the revision of Ashland's regulations regarding wetlands, streams and
riparian corridors was initiated by the City Council in 2001, the revised
regulations are required to meet Statewide Planning Goal 5: Natural Resources,
Scenic and Historic Areas and Open Spaces. The Oregon Administrative Rules
(OAR 660-23-000) which outline the procedures and requirements for complying
with Statewide Planning Goal 5 was revised in September 1996. Under the
revised rules, cities and counties throughout Oregon are obligated to compile
inventories of "significant" wetlands and riparian corridors. As a second step, the
City is required to examine existing local ordinances and adopt or update their
regulatory program to address protection of significant wetlands and riparian
corridors. Cities and counties are required to address the revised Statewide
Planning Goal 5 rules when conducting periodic review and when amending
comprehensive plans and land use regulations. As with any local revision to land
use regulations, the Department of Land Conservation and Development (DLCD)
must approve the proposed revisions to the Ashland Land Use Ordinance and
Ashland Comprehensive Plan.
The revised rules for complying with Statewide Planning Goal 5 include a "Safe
Harbor" approach which is a prescribed course of action that satisfies the rule
requirements. The Safe Harbor approach includes requirements such as requiring
a riparian corridor boundary of 50 feet from top of bank for fish-bearing streams
with a flow less than 1,000 cfs, the protection of significant wetlands and placing
restrictions on grading, excavation, fill and vegetation removal in protected
riparian corridors and wetlands. Cities and counties have the option of using the
Safe Harbor approach in revising regulations for wetlands and riparian corridors.
The benefit of using the Safe Harbor approach is that the approval process through
DLCD is streamlined, and a fairly complex "ESEE" (economic, social,
environmental and energy) analysis is not required. The proposed ordinance and
Comprehensive Plan amendments have been drafted to meet the Safe Harbor
approach. Staff has been working with DLCD to determine if the proposed
package meets the prescribed course of action, but a decision is still forthcoming.
Ultimately, an ESEE analysis may be required by DLCD.
1. Project Time Line
The following summarizes the time line of the Water Resources Ordinance project
to date.
City Council Identifies "Developing an Updated Riparian
Area Protection Ordinance" as Council Goal April 2001
Wetlands and Riparian Corridor Inventory Work 2003-2005
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report - 9.9.08
Applicant: City of Ashland Page 2 of 14
Wetlands and Riparian Technical Advisory Committee 2004 - 2005
Technical Review of Draft Ordinance by
Fishman Environmental Services Nov 2005
City Council Identifies "Complete Riparian
Ordinance" as Council Goal 2005-2007
Goals
Oregon Division of State Lands Inventory Approval March 2007
Planning Commission Study Sessions Aug and Nov
2007
Planning Commission Public Workshop with
Measure 56 Notice April 22, 2008
Planning Commission Public Hearings May 13, 2008
June 24, 2008
July 22, 2008
2. Why are wetlands and riparian corridors valuable natural resources?
Wetland functions include water quality improvement, floodwater storage, and
fish and wildlife habitat. Wetlands function like natural tubs or sponges, storing
water and slowly releasing it. This process slows the water's momentum and
erosive potential, reduces flood heights and allows for ground water recharge.
After being slowed by a wetland, water moves around plants, allowing the
suspended sediment to drop out and settle to the wetland floor. Pollutants that are
dissolved in the water are often absorbed by plant roots and microorganisms in the
soil. Abundant vegetation and shallow water provide diverse habitats for fish and
wildlife.l
A riparian area is the area of land adjacent to a stream. Healthy riparian areas
reduce the chance of damaging floods, improve water quality and provide habitat
and food for fish and wildlife. Plants in healthy riparian areas perform numerous
functions: 1) provide wood to streams, creating fish habitat and slowing the
stream current during and after storms, 2) shade streams in summer for fish health
and minimize evaporation loss of water, 3) reduce erosion by holding soil in place
with roots, 4) filter sediment out of muddy runoff, keeping sediment from
smothering fish habitat, 5) allow heavy winter rains to soak into the soil instead of
running into the stream - this reduces flooding and allows water to be released
slowly to the stream during the dry season, 6) filter out pollutants, such as
fertilizers, pesticides and animal wastes and 7) provide important food sources,
homes, shelter and travel corridors for wildlife, fish and other aquatic organisms.
1 "Functions and Values of Wetlands", United States Environmental Protection Agency, September 2001
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Healthy riparian areas include a variety of types and ages of plants including trees,
shrubs, grasses and groundcovers. Plants adapted to local rainfall, climate, insects
and soil conditions tend to be easier to care for because they need less water and
pesticides.2
Wetlands and riparian areas are now largely appreciated for the myriad of
functions they provided to society as well as for their aesthetic and intrinsic
values. Cities are increasingly finding the conservation of wetlands and riparian
areas enhances community character and is an important quality of life measure.
The preservation and restoration of water resources and incorporation of wetlands
and riparian corridors in open spaces generally is considered a positive aspect of
property, whether it is privately held or a public open space.
3. Why revise local regulations regarding the protection of wetlands, streams
and riparian corridors?
• To further protect wetlands, streams and riparian corridors.
Wetlands and riparian corridors currently have limited protection under the
Ashland Land Use Ordinance (ALUO). The Physical and Environmental
Constraints chapter of the ALUO is the primary set of local regulations
addressing protection of water resources. While extensive revisions were
made to the ALUO in the late 1980's and early 1990's to address needed
changes to the City's flood management program, only modest modifications
have been undertaken since the mid 1980's to protect the functions and values
associated with wetlands and riparian areas.
The primary protection of wetlands is through the Performance Standards
Options chapter which requires identification and protection of significant
natural resources. Wetlands are not addressed in the Physical and
Environmental Constraints chapter. Standard protection measures for
wetlands such as a buffer area, a building setback from wetlands and
mitigation measures are not addressed in the ALUO. Similarly, of the more
than 20 streams in Ashland, only six of those are protected by delineated
floodplains (Ashland, Bear, Clay, Emigrant, Hamilton and Kitchen). Fish-
bearing streams such as Kitchen and Tolman creeks under state regulations
require a 50-foot wide buffer while existing ALUO requirements require a 20-
foot setback from the creek. Noxious and invasive plants are not addressed in
existing local regulations. Native plants are addressed only in the Site Design
and Use Standards for commercial, industrial and employment development,
and the existing local regulations do not address plant materials in the buffer
area for water resources in residential developments.
The majority of creeks, which do not include mapped floodplains, have
setbacks ranging 10 to 20 feet from the creek. Over the past decade and a half
2 "Taking Care of Streams in Washington, Oregon, Idaho and Alaska", October 2002, Pacific Northwest Extension
publication
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Applicant: City of Ashland Page 4 of 14
since the Physical and Environmental Constraints chapter was revised, it has
become apparent to Staff that structures placed within 10 feet of the creek
typically result in impacts within the 10-foot wide buffer (e.g. construction
impacts, structure maintenance impacts and construction of prohibited
structures).
• To make the ALUO consistent with the Ashland Comprehensive Plan.
The Environmental Resources Element of Ashland's Comprehensive Plan
(Chapter IV) includes a variety of goals and policies related to the preservation
and protection of Ashland's wetlands and riparian areas. The Environmental
Resources Element of Ashland's Comprehensive Plan was revised, approved
and adopted in 1991. The 1991 revisions included several goals and policies
related to Ashland's wetlands and riparian areas that were not implemented in
the ALUO. The following goals and policies are from the Environmental
Resources Element of the Ashland Comprehensive Plan.
Protect the quality of riparian resource lands, and preserve their wildlife
habitats.
To preserve and protect significant wetlands, and to mitigate potential
impacts on these areas due to development and conflicting uses.
Evaluate the quantity and quality of wetland resources inside the City
Limits and within the Urban Growth Boundary through the
compilation of an inventory of significant wetlands.
Develop site review procedures and performance standards, using
buffering techniques, setbacks and mitigation measures, to reduce the
impacts of development on significant wetland areas.
Examine the Physical and Environmental Constraints chapter of
Ashland's Land Ordinance concerning wetland and riparian areas,
and insure that existing zoning regulations maintain these valuable
areas in a natural state.
Utilize local resources to form a technical advisory committee to
identify potential plants and animals which relay on wetland habitat
for their continued existence. Retaining these area [in] a natural state
should be of high priority, and development should consider and
accommodate the habitat utilized by these plants and animals.
To preserve existing wildlife habitats and natural areas within the city
wherever possible.
• City Council Goal
Planning Action PA 2007-01137 Ashland Planning Department -Staff Report-9.9.08
Applicant: City of Ashland Page 5 of 14
The completion of the riparian ordinance is a City Council goal. The Physical
and Environmental Constraints chapter of the ALUO was last revised with
respect to riparian areas in 1989. Since then, the important functions and
values of wetlands and riparian areas, and connection to a community's
quality of life have become much more apparent, as reflected in the goal of the
City Council.
• Riparian protection has become part of Ashland's storm water
management plan.
The City of Ashland 2000 Storm Water and Drainage Master Plan advocates
non-traditional storm water management techniques that include protection
and restoration of Ashland's stream corridors. One of the recommended
regulatory tools identified for achieving the goals of the plan is the adoption of
riparian corridor protection measures.
• To comply with Statewide Planning Goal 5.
Statewide Planning Goal 5 requires local communities to inventory and adopt
land use protections for significant natural resources such as wetlands and
riparian areas. Adoption of a Local Wetland Inventory and an updated
ordinance that regulates activities within and adjacent to significant wetlands
and fish-bearing streams is intended to fulfill this State requirement.
4. Attachments
The following materials are attached to the Staff Report.
• Ashland Land Use Ordinance Chapters
o A: 18.63 Strikeout/Underline Copy - Draft Chapter 18.63 Water
Resource Protection Zones - changes made since 6.24.08 version
are shown
o B: 18.63 With Changes Copy- Draft Chapter 18.63 Water
Resource Protection Zones - changes shown in copy A are
integrated with notes explaining changes
o C: 18.62 Strikeout/Underline Copy - Draft Revised Chapter 18.62
Physical and Environmental Constraints
• Draft Water Resources Map
• Local Wetlands Inventory and Assessment and Riparian Corridor
Inventory with Oregon Division of State Lands Approval Letter
• Written Comments Received Since July 22, 2008 Planning Commission
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Applicant: City of Ashland Page 6 of 14
Meeting
• "A Guide to Riparian Tree Planting in Southwest Oregon", M. Bennett
and G. Ahrens, September 2007, Oregon State University Extension
Service
B. Description of Proposal
1. Chapter 18.63 Water Resource Protection Zones and Revisions to Chapter
18.62 Physical and Environmental Constraints
The revision of Ashland's regulations regarding the protection of wetlands,
streams and riparian corridors includes a proposed new chapter to the Ashland
Land Use Ordinance (ALUO), Chapter 18.63 Water Resource Protection Zones,
and the modification of an existing chapter of the ALUO, Chapter 18.62 Physical
and Environmental Constraints.
The revisions to Chapter 18.62 Physical and Environmental Constraints consist of
removing section 18.62.075 which pertains to development standards for Riparian
Preservation Lands. Additionally, the terminology of Riparian Preservation Lands
and drainage channels is replaced with the new classifications of Riparian
Corridors, Local Streams and Intermittent and Ephemeral Streams.
The proposed Chapter 18.63 Water Resource Protection Zones establishes
protection zones adjacent to streams and wetlands, as well as limits and, in some
cases, prohibits building, grading and paving in the protection zones. The focus
of the proposed chapter is establishing a buffer zone around wetlands and streams
to protect the functions of the natural areas. Wetlands and riparian areas improve
water quality, aid floodwater control, and provide habitat and food for fish and
wildlife. The buffer zone is largely protected from the impacts of new
development and from the removal of native vegetation. Removal of noxious and
invasive plants is permitted and enhancement and restoration is encouraged.
Exempt Activities and Uses are identified for the water resource protection zones
which generally address pre-existing situations that will become non-conforming
if the proposed chapter is adopted, and encouraging the restoration of the
protection zones if earthwork is not involved.
Three types of planning approvals included in the proposed chapter are Limited
Activities and Uses, Water Resource Protection Zone Reductions and Hardship
Variances. Limited Activities and Uses include a specific set of items which are
intended to address items such as streets and utilities that are necessary to balance
various city goals and policies that deal with issues such as adequate infrastructure
and a connected street network. Additionally, Limited Activities and Uses
provide a local review of wetland, stream and riparian area channel and
enhancement projects. Water Resource Protection Zone Reductions allow the
hearing authority to approve a reduction of the protection zone up to 50 percent if
development standards addressing restoration, enhancement and mitigation are
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report-9.9.08
Applicant: City of Ashland Page 7 of 14
addressed. Water Resource Protection Zone Reductions serve two purposes - to
provide pre-existing non-conforming lots an avenue for development and to
provide partitions and subdivisions an incentive to perform restoration and
enhancement of the wetlands and riparian corridors. Hardship Variances are
intended to provide an outlet for pre-existing lots that are rendered not buildable
by the application of the proposed chapter. A Hardship Variance process is
required by the Safe Harbor provisions for complying with Statewide Planning
Goal 5.
2. Changes to June 24 Draft of Chapter 18.63
Two copies of draft Chapter 18.63 Water Resource Protection Zones
(Attachments A and B) and one copy of the revisions to Chapter 18.62 Physical
and Environmental Constraints (Attachment C) are attached. Attachment A
shows the revisions made to the latest draft of Chapter 18.63 from June 24, 2008
with deleted text shown strikeetit new text shown in underline. Attachment B
is the same document with the changes accepted so as to provide the Planning
Commission with a version that is easier to read.
Edits from July 22 Planning Commission Meeting
At the July 22, 2008 Planning Commission meeting, the Commission provided
staff direction regarding the potential edits identified in the June 24 draft of
Chapter 18.63. The following summarizes the edits made based on that
discussion. All page number references correspond to Attachment A.
• Landscape Maintenance in Water Resource Protection Zone (p 4)
The June 24 draft expanded the definition of hand-held equipment or
machinery to include lighter power equipment such as chainsaws, weed eaters,
push lawn mowers and brush mowers. Removal of non-native, noxious and
invasive plants (e.g. weeds and blackberries) is an exempt activity with hand-
held equipment.
• Top of Bank Definition (p 7)
In the June 24 draft, staff had identified a possible change to the top of bank
definition from the City of Portland based on the change in slope. After
further research, staff believes the previous definition should be used. The
City of Portland has had difficulty administering the top of bank definition
using change in slope and is currently considering changing the top of bank
definition. A review of similar water resource ordinances in the state show
that the top of bank is widely used. Staff found that several jurisdictions
included a list of physical characteristics that indicate where top of bank is,
and this was added to the definition.
o Center Line of Stream (p 9) - For Local Streams and Intermittent
and Ephemeral Streams, the measurement for the Stream Bank
Protection Zone was changed to the center line of the stream.
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Applicant: City of Ashland Page 8 of 14
Riparian Corridors continue to be measured 50 feet from top of
bank, which is consistent with the Safe Harbor approach.
• Non-Native Planting
The June 24 draft included an exemption allowing 15 percent of the total lot
area in the Stream Bank Protection Zone to be planted in non-native
vegetation. This section was eliminated due to concerns about difficulty in
administration. Instead, the Planning Commission suggested the native plant
list be expanded to include native and compatible plants.
• Outdoor Use Area (p12)
The June 24 draft included an exemption allowing an outdoor yard or garden
area up to 150 square feet in size in the Stream Bank Protection Zone to be
planted in non-native vegetation. It wasn't clear whether the majority of the
Commission felt the provision should remain or be deleted, so it remains in
the current draft for further discussion.
• Nonconforming Structures (p14)
Language exempting the replacement of legally established nonconforming
"primary" structures that are destroyed by a fire or natural hazard from the
requirements of the proposed chapter was added. There was a discussion of
whether non-primary structures like outdoor seating areas and decks for
businesses should also be exempt. A potential solution was suggested
expanding the definition of primary structure to include all commercial
structures. It wasn't clear whether the majority of the Commission felt all
commercial structures (primary and non-primary) should be exempt if
destroyed by a fire or natural hazard, so language was not added to this effect.
• Previously Approved Building Envelopes and Driveways (p 14)
Language permits previously approved building envelopes and driveways that
would be nonconforming to be built as approved, and exempt from the
requirements of the proposed chapter. The Planning Commission suggested
adding a time limit to the exemption for previously approved building
envelopes and driveways. As a result, language was added allowing the
exemption for 3 years after the effective date of the ordinance.
Additional Edits
Many of the edits to the June 24 draft of Chapter 18.63 are to clean up and better
organize the document. For example, terminology was corrected for consistency,
numerical references were added and corrected as section numbers changed and
numbering and lettering sequences were corrected. There were several
substantive changes that are summarized below. All page references correspond
to Attachment A.
• Installation of Unpaved Trails (p 12 and p 16)
Language was added allowing unpaved trails in the Water Resource Protection
Zones. Members of the Planning Commission had raised the importance of
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Applicant: City of Ashland Page 9 of 14
allowing people to access and experience the natural areas in private and
public open spaces. Additionally, in discussions with Parks Department staff,
the installation of walking and hiking trails in public parks property was
identified as an important activity. Installation of paved trails would be
required to obtain a Limited Activity and Use planning approval.
• Paving and Reconstructing Existing Streets and Driveways (p 15 and p 19)
Replacement of existing streets and driveways in Stream Bank Protection
Zones was previously identified as a Limited Activity and Use. If a street or
driveway is in place in the Stream Bank Protection Zone and used to access
properties, it is likely to need to be paved, repaved and possibly reconstructed
in the future. An exemption was added permitting the paving and
reconstruction of existing streets and driveways if no more than five percent
additional surface area in the Stream Bank Protection Zone is disturbed. The
same projects that disturb more than five percent additional surface area in the
Stream Bank Protection Zone are required to obtain a Limited Activity and
Use planning approval.
• Reorganization of Limited Activities and Uses, Water Resource
Protection Zone Reductions and Hardship Variances
While the changes were not substantive, it is important to note that sections
18.63.070 - 18.63.110 were reorganized. The standards and criteria were
consolidated according to each land use approval and repetitive standards
were eliminated. Since each of the three planning approvals requires a
mitigation plan, standards related to vegetation preservation and restoration
were moved to the Mitigation Requirements section 18.63.120. Repetitive
language in the application requirements was also eliminated.
3. Water Resources Map and Local Wetlands Inventory and Assessment and
Riparian Corridor Inventory
The wetlands and streams addressed by the revisions to the Ashland Land Use
Ordinance are identified on the draft Water Resources Map. The map identifies
wetlands by two classifications - Significant and Possible Wetlands. There are 14
Significant Wetlands identified and approximately 30 Possible Wetlands. The
map also identifies streams by three classifications - Riparian Corridors, Local
Streams and Intermittent and Ephemeral Streams. There are six Riparian
Corridors, eight Local Streams and 20 Intermittent and Ephemeral Streams. The
Riparian Corridor streams are: Ashland Creek, Bear Creek, Emigrant Creek, Kitchen
Creek, Neil Creek, and Tolman Creek. The Local Streams are: Ashland Creek, Cemetery
Creek, Clay Creek, Hamilton Creek, Hamilton Creek Tributaries 1 and 2, Wrights Creek,
Wrights Creek Tributary 5. The Intermittent and Ephemeral Streams are: Ashland
Creek Tributary 1, Beach Creek, Cemetery Creek, Fordyce Creek, Golf Course Creek,
Hamilton Creek, Hamilton Creek Tributary 1, Knoll Creek, Mook (Clear) Creek, Mountain
Creek, Paradise Creek, Pinecrest Creek, Roca Creek, Strawberry Creek, Twin Creek,
West Fork Wrights Creek, Wrights Creek Tributaries 1, 2, 3 and 5.
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report - 9.9.08
Applicant: City of Ashland Page 10 of 14
The Water Resources Map is required to be adopted as part of the Ashland
Comprehensive Plan. In addition, the Floodplain Corridor Lands Map must be
revised so the stream classifications are consistent with the Water Resources Map
(i.e. Riparian Land Corridor will be changed to Local Stream, Riparian Land
Drainage will be changed to Intermittent and Ephemeral Streams). Currently, the
regulated riparian corridors are covered under Chapter 18.62 Physical and
Environmental Constraints, and are identified on the Floodplain Corridor Lands
Map, which is an adopted Comprehensive Plan Map.
The draft Water Resources Map and the revisions to the Ashland Land Use
Ordinance are in part based upon the Local Wetlands Inventory and Assessment
and Riparian Corridor Inventory. The streams identified on the draft Water
Resource Map were inventoried, identified as significant and adopted by the City
in 1987. Cities and counties throughout Oregon are obligated to compile such
inventories under Statewide Planning Goal 5: Natural Resources, Scenic and
Historic Areas and Open Spaces. The City is required to examine existing local
ordinances and adopt or update their regulatory program to address protection of
significant wetlands and riparian corridors.
Fishman Environmental Services conducted the Local Wetlands Inventory and
Assessment and Riparian Corridor Inventory of local wetlands and riparian
corridors within Ashland's Urban Growth Boundary (UGB). The initial inventory
work started in May 2003. Approximately 1,500 letters were mailed to properties
with potential natural resources sites, requesting the property owner to permit the
consultants' access to their property to conduct fieldwork. Approximately 625
(51 permission request forms were returned to the City, with over 500 property
owners allowing access to their property. The Planning Department with Fishman
Environmental Services conducted two public open house meetings to discuss and
update citizens on the status of the project. The first meeting was held on June 4,
2003 to describe the inventory requirements as prescribed under Statewide Goal 5,
while a second public meeting was held on November 20, 2003 to present the
draft inventory maps and solicit public comment. After refining the draft
inventory maps, the local inventory of wetland and riparian corridors was
forwarded to the Oregon Division of State Lands (DSL) in March 2004 for
review. The Oregon Division of State Lands (DSL) is required to review and
approve the inventory. After refining the draft inventory maps, DSL approved the
Local Wetlands Inventory and Assessment and Riparian Corridor Inventory in
March 2007.
II. Project Impact
The proposed Chapter 18.63 Water Resource Protection Zones has three primary areas of
revisions to existing regulations. First, the systematic protection of wetlands including a buffer
area will be established. Second, the size of the buffer area for streams will increase. In the case
of Riparian Corridors the increase is from 20 to 50 feet from top of bank, for Local Streams the
change is from 20 feet from top of bank to 40 feet from the center line of the stream, and for
Intermittent and Ephemeral Stream the change is from 10 feet from top of bank to 30 feet from
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report-9.9.08
Applicant: City of Ashland Page 11 of 14
center line of the stream. Finally, the nature of the activities in the water resource protection
zones will focus on protecting and enhancing wetland and riparian area functions through
limitations on building, paving and grading and the regulation of plant installation and removal
(i.e. native plant installation, noxious and invasive plant removal).
As stated earlier, the Physical and Environmental Constraints Chapter of the ALUO is the
primary set of local regulations regarding streams and riparian corridors. The regulations focus
on flood management and not impeding flood waters by locating structures outside of the
floodplain. For example, new residential construction is largely required outside of the
floodplain corridor lands and new non-residential uses are required to be located above flood
elevations and constructed to the flood-proof standards in Chapter 15.10. The application of
local floodplain regulations since 1987 has resulted in relatively little residential damage during
flood events, and the main benefit to riparian areas is creating corridors relatively free of new
residential buildings. For the 28 streams identified on the Water Resources Map, the majority of
these floodplain corridors range from 10 to 20 feet from the top of bank, with larger widths on
the six streams with delineated floodplains (Ashland, Bear, Clay, Emigrant, Hamilton and
Kitchen). Wetlands are not addressed in the Physical and Environmental Constraints chapter,
and have been protected through the Performance Standards Options chapter and by state
regulations.
The impact of requiring riparian buffers and regulating the Stream Bank Protection Zones will be
to create a protected area that will be relatively free of new building, grading and paving.
Additionally, the vegetation in the protection zone will be required to be managed in a manner
that supports stream and riparian functions of water quality, temperature control, floodwater
storage and fish and wildlife habitat. Currently, in most cases vegetation removal other than
trees in the riparian corridor is not regulated. As a result, established riparian plants can be
removed and plants not conducive to riparian area functions can be planted up to the stream
bank.
The impact of requiring wetland buffers and regulating the Wetland Protection Zones is similar
to that of the Stream Bank Protection Zone in terms of limiting building, grading and paving and
requiring vegetation management. While the preservation of wetlands is regulated by state and
federal agencies, the ordinance revisions provide additional protection measures for wetlands
such as a buffer area and a setback from wetlands.
One of the primary strengths of the ordinance is that it establishes requirements for mitigation
and enhancement for developments proposing to disturb the area of the protection zones. The
mitigation requirements are designed to be proportional to the size of the project ranging from a
Limited Activity and Use such as maintenance of a public utility line that disturbs surface area, to
a Hardship Variance to an addition to an existing single-family home to a Water Resource
Protection Zone Reduction for a subdivision.
In terms of impact to private property owners, increasing the size of the riparian buffers and
requiring wetland buffers can potentially impact the size of the developable area. For properties
adjacent to the six streams with delineated floodplains, the impact will be negligible because the
existing floodplain boundaries are wider and existing regulations already limit further
development. The proposed Water Resource Protection Zone Chapter 18.63 includes provisions
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report -9.9.08
Applicant: City of Ashland Page 12 of 14
for the transfer of density in the water resource protection zones to lands outside the water
resource protection zone within the same development for land divisions. Additionally, the
Water Resource Protection Zone Reduction and Hardship Variances provide two processes to
address lots existing before the effective date of the ordinance that will not be able to meet the
proposed requirements. Finally, vacant lots with non-conforming building envelopes and
driveway plans that were approved prior to the effective date of the ordinance are exempt from
the requirements of the proposed ordinance for a period of 3 years.
A. Talent Irrigation District (TID) Use of Streams
The issue of the use of natural streams for the distribution of TID water was raised in
previous discussion concerning the proposed ordinance revisions. According to data
from the Ashland Engineering Division, TID uses nine of the 28 streams identified on the
Water Resource Map for the distribution of irrigation water to customers and the return of
unused irrigation water. The streams used for TID water delivery and return are Ashland,
Tolman, Cemetery, Clay, Hamilton, Wrights, Golf Course, Paradise and Roca.
Therefore, three of the 20 streams classified as Intermittent and Ephemeral Streams are
used for TID delivery and return - Golf Course, Paradise and Roca. This is somewhat
counter to the assertion that all or most of the streams classified as intermittent and
Ephemeral would not flow if it were not for TID water.
III. Procedural
The procedure for a legislative amendment is described in 18.108.170 as follows:
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.
Planning Action PA 2007-01137 Ashland Planning Department - Staff Report - 9.9.08
Applicant: City of Ashland Page 13 of 14
IV. Conclusions and Recommendations
Staff recommends the Planning Commission recommend approval of revisions to Ashland's
regulations regarding the protection of wetlands, streams and riparian corridors including: 1)
adding Chapter 18.63 Water Resource Protection Zones to and modifying Chapter 18.62 Physical
and Environmental Constraints of the Ashland Land Use Ordinance, 2) the amendment to the
Ashland Comprehensive Plan to adopt the Water Resources Map including significant wetlands
and riparian corridors with the Local Wetlands Inventory and Assessment and Riparian Corridor
Inventory adopted by reference, as the official inventory of locally significant wetlands as well as
a technical study within the Ashland Comprehensive Plan, and 3) an amendment to the Ashland
Comprehensive Plan to revise the Floodplain Corridor Lands Map to provide consistency with
the stream classifications with the Water Resources Map.
Planning Action PA 2007-01137 Ashland Planning Department-Staff Report-9.9.08
Applicant: City of Ashland Page 14 of 14
CITY OF
ASHLAND
Additions - Water Resources Binder
Dear City Council,
The attached documents are new materials that should be inserted into your Water Resources
Binder for the April 21, 2009 Public Hearing.
• AMC Chapter 18.63 - Track Chancres (Tab #1)
Please replace the previous version dated 312109 with the enclosed.
• Water Resources Map and Revised Floodplain Corridor Lands Map (Tab #4)
Please replace the previously inserted maps with the enclosed.
• March 2. 2009 Study Session Minutes (Tab #6)
Please add the enclosed Minutes to this section.
• Public Comments (Tab #7)
Please add the enclosed Public Comments to this section.
If you have any questions, please contact Maria Harris at 552-2045 or harrism @ashland.or.us.
:
Track Changes Copy
Chapter 18.63
Chapter 18.63 E Water Resource Protection Zones E
WATER RESOURCE PROTECTION ZONES ...................................................E
SECTIONS:
18.63.010 Purpose and Intent
18.63.020 Applicability-Where Regulations Aoply
18.63.030 Definitions
18.63.040 Inventory of Ashland's Water Resources
18.63.050 Establishment of Water Resource Protection Zones
18.63.060 Exempt Activities and Uses within Water Resource Protection Zones
18.63.070 Limited Activities and Uses within Water Resource Protection Zones
18.63.080 Water Resource Protection Zones Reductions
18.63.090 Hardship Variances
18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within .
Water Resource Protection Zones
18.63.110 Approval Process
18.63.120 Mitigation Requirements
18.63.130 Map Errors and Adjustments
18.63.010 Purpose and Intent
The purpose and intent of this sChapter are:
A. To implement state and federal law with respect to the protection of clean water, pollution
control and preservation of endangered species.
B. To protect Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and
restoring the hydrologic, ecologic and land conservation functions these areas provide for the
community.
C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering
and separation of those land uses and activities that lead to or may create impacts on water
quality, as well as to reduce the risk to people and property resulting from the inappropriate
management of wetland and riparian areas.
D. To implement the goals and policies of the Environmental Resources chapter of Ashland's
Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding.
E. To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties
adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife
habitat and provide opportunities for trail connections.
Chapter 18.63 Water Resource Protection Zones
DRAFT Ordinance 1121188
Page 1 Ashland Planning Division
r
t,
D. All Water Resource Protection Zones shall be protected from alteration and development,
except as specifically provided in this sChapter. No person or entity shall alter or allow to be
altered any real property designated as a Water Resource Protection Zone, except as set forth in
an exemption, planning action or permit authorized in this sChapter. No person or entity shall use
or allow to be used, property designated as a Water Resource Protection Zone, except as set forth
in an exemption, planning action or permit authorized in this sChapter.
E. Where this sChapter and any other ordinance, easement, covenant or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there
will be some overlap between the regulations in this sChapter and those in sChapter 18.62
Physical and Environmental Constraints, which regulates development in physical constrained
areas including floodplains. Where two (2) regulations are in conflict, the most stringent shall
govern.
18.63.030 Definitions
Alter or Alteration - means any human-induced physical change to the existing condition of land
or improvements thereon including but not limited to clearing, grubbing, draining, removal of
vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of
structures or impervious surfaces or other construction. "Permit to be altered" means allowing or
failing to prevent the alteration.
Approval Authority - the Staff Advisor, Planning Commission or its Hearings Board, Hearings
Officer, or City Council as determined by the applicable procedural requirements.
Bank Full Stage - means the two (2) year recurrence interval flood elevation.
Gen eilirie' yoff St~ea'in) an imaginary line that is in the midpoint of the stream channel. In cases comme~c I~11 P> a on
dirccnon.figmyITM608 mec,,,,tmgi~y '
where a stream has multiple or braided channels, the centerline of stream is the midpoint between aei ni4on added rd aada oxasnnmmc
the outermost or upland sides of the stream channels (Figure 1)
. grp otegranYone when fig at earn. a"s"s
i
y,
Figure 1: Centedine of Stream
Chapter 18.83 Water Resource Protection Zoms
DRAFT Ord1rtance 1111109
Page 3 Ashland Planning Division
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'tsr.^r .cs , GeRfeFFRiAg
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Local Native Plant Species - means those plant species appropriate to planting in or adjacent to
a Water Resource that are native species indigenous to the Rogue River Basin. Local native plant
species are adapted to the elevation, weather, soils and hydrology of the area; will support the
desired. structures, functions, and values of the water resource; and once established require
significantly less maintenance than non-native species. The City of Ashland Planning Division
maintains a list of recognized site-appropriate local native plant species for both Welland and
stream!bank water resource applications, along with a list of known local suppliers. Plants may be
added to or removed from the Local Native Plant List if reviewed and approved by the Staff
Advisor and the City Horticulturist.
Mitigation - means taking one (1) or more of the following actions listed in order of priority:
1. Avoiding the impact altogether by not taking a:~ertain_ development action or parts of that
action.
2. Minimizing impacts by limiting the degree or magnitude of the development action and its
implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development action by monitoring and taking appropriate corrective
measures.
5. Compensating for the impact by replacing or providing comparable substitute resources or
environments.
Mitigation Plan - means a plan that outlines the activities that will be undertaken to alleviate
project impacts to sensitive areas.
Natural Resources Professional - a "natural resources professional" includes individuals who
have a Bachelors degree, or the equivalent or greater, in the field of natural resources, biology,
ecology, or related fields, and at least four (4) years of relevant post graduate experience.
Chapter 18.63 Water Resource Protection Zones
DRAFT Ordimnce 1121109
Page 6 Ashland Planning Division
y
11
water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection
Zone.
Stream, Intermittent - an intermittent stream generally flows only during part of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not have
flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent
and Ephemeral Streams is a type of Stream Bank Protection Zone..
Stream, Perennial - a perennial stream has flowing water year-round during a typical year.
Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental
source of water for stream flow.
Stream, Local - Local Streams is a type of Stream Bank Protection Zone.
Stream Bank Protection Zone - an area subject to the provisions of this sChapter which
includes a stream and an associated riparian buffer of varying width, as established herein,
located adjacent to the stream, and in which certain human activities are regulated in order to
protect the structures and functions of the stream. A Stream Bank Protection Zone is a type of
Water Resource Protection Zone. There are three (3) types of Stream Bank Protection Zones
defined, established and protected in this sChapter - Riparian Corridor, Local Streams and
Intermittent and Ephemeral Streams.
Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a
standard distance upland from the top of bank or from the center line of the stream as required in
section 18.63.050.
Stream Corridor Functions - include providing shade for the stream, stream bank and channel
stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the
stream, water filtration, aquatic and riparian fish and wildlife habitat.
Top of Bank - means the elevation at which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a clear, natural line impressed on the shore, a change from bare soil to upland
vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big
leaf maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional
sediment or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and
gravel to upland soils), absence of fine debris (3. needles, leaves, cones and seeds), and the
presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure
42). In the absence of physical evidence or where the top of each bank is not clearly defined, the
two (2) year recurrence interval flood elevation may be used to approximate the top of bank.
Chapter 18.83 Water Resource Protectlon Zones
DRAFTordlnan 4121189
Page 7 Ashland Planning Dhdelon
Wetlands, Locally Significant - means those wetlands identified on the Water Resources Map
and determined 'significant wetlands" using the criteria adopted the Oregon Department of State
Lands (DSL). Locally Significant Wetlands is a type of Wetland Protection Zone.
Wetlands, AtheFPossible - means an area that appears to meet wetland criteria but is too small
(less than a half (112) acre according to Oregon Department of State Lands (DSL) rules) to require
its inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in
the Other-Possible Wetland designation. However, there may be additional existing areas that
meet the Qth6F Possible Welland e6ignation DSL wetland criteria, but are not included on the
Water Resources Map. Other Possible Wetlands is a type of Wetland Protection Zone.
Wetland Boundary - means a line marked on a map or flagged in the field that identifies the
approximate wetland/non-wetland boundary.
Wetland Buffer - means an area extending away from the outer delineated wetland boundary or
upland edge that is preserved for the purpose of protecting the functions and values of the wetland
by serving to reduce the adverse effects of adjacent land uses.
Wetland Delineation - means a determination of wetland presence that includes marking the
wetland boundaries on the ground and/or on a detailed map prepared by professional land survey
or similar accurate methods.
Wetland Functions - include wildlife habitat, fish habitat, water quality and hydrological control.
Wetland Protection Zone - an area subject to the provisions of this 6Chapter that includes all
wetlands determined to be (Locally 6Significant and ether-pPossible wWetlands with confirmed
jurisdictional wetland presence, and an associated buffer area of varying width, as established
herein, located adjacent to the wetland, and in which certain human activities are regulated in
order to protect the structures and functions of the wetland. A Wetland Protection Zone is a type
of Water Resource Protection Zone. There are two (2) types of Wetland Protection Zones
defined, established and protected in this 6Chapter - Locally Significant Wetlands and Other
Possible Wetlands.
Wetl denirRr to echon' oneiBoundar an imaginary line that is measured horizontally at a c mmetlc [ue txe raae~aa«r ,
becausemadverteatTyi Toa4 of nays
standard distance upland from the delineated wetland boundary as required in section 18.63.050.
Wetland Specialist - means an individual who has the appropriate credentials verifying proven
expertise and vocational experience conducting wetland delineations.
18.63.040 Inventory of Ashland's Water Resources
The approximate locations of Ashland's Water Resources are identified on official maps adopted
by the City of Ashland and added to the Com rehensive Plan through ordinance 2419 (May 1987),
ordinance 2528 (July 1989) and ordinance 8' a -00 Because the Comprehensive
n
Chapter 16.63 Water Resource Protection Zones MAN
DRAFT Ordinance 4121109
Page 9 Ashland Planning Division
riparlan buffer
40 feet- 40 feet.
Centerline:
Stream BaWlProtectfon Z66o
Figure44: RipariaR RU#er Stream Bank Protection Zone for Local Streams
3. Intermittent and Ephemeral Streams- For streams classified as intermittent and
Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zane shall
include the stream, plus a riparian buffer consisting of all hands within thirty (30) feet from the
centerline of the stream (Figure 45,.
ripairlari buffer'.
30 feet': 30.feet
Ceiaterlina~
Strearrn13i ik Froteclion Zone;
Figure 45: Riparian -Buffs Stream Bank Protection Zone for Intermittent and Ephemeral Streams
4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part
of a significant wetland as identified on official maps adopted by the City of Ashland,the
distance to the Stream Bank Protection Zone boundary shall be measured from, and include,
the upland edge of the wetland.
Chapter 18.63 Water Resource Protection Zones wai,
DRAFT Ordnance Y21109
Page 11 Ashland Planning DMslon
wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of
Ashland that graphically represents the location of wetlands on a site plan map in accordance
with section 18.63.110.A.3. An average buffer width of twenty (20) feet may be utilized
( around the perimeter of a possible wetland upon submission of evidence and a detailed plan
by a natural resources professional demonstrating that equal or better protection of the
functions and values of the resource will be ensured.
Prolecta~2
Figure 67: Welland BUNBFProtection Zone for Otherossible wetlands
3. Determination of Protection Zone - The measurement of the Wetland Protection Zone
shall be a horizontal distance from the upland-wetland edge as specified above.
18.63.060 Exempt Activities and Uses within Water Resource Protection Zones
A. Exempt Activities Within Stream Bank Protection Zones. The following activities and uses
do not require a permit or authorization 49FA the Sity-under this Chapter to be conducted in a
Stream Bank Protection Zane, provided the restoration requirements included in sections ate ( 18.63.120.B.1.a and:b are met. NI applicable localyst- - and federal permits
shall be obtained ^cgmmenc s1 n r~a~a v an
prior to commencement of exempt activities and uses. Exempt activities and uses may qualifyis_ - - "8h0"'"~ b"° a
development as defined in section 18.62.0301 and may require a permit for development in
Floodplain Corridor Lands Chapter 18.62.
1. Lan is ac Dlna and'` e Maaii tint ce - The limitations imposed by this Chapter do not _ ~co.nmenr[dd] s<=a&n olv-
include the routine maintenance of existing vegetation within a Stream Bank Protection Zone. ~rmm agd`gmg'"a-C a"
exemp4ons concemN9 enstlng
provided that the following requirements are met. ego ~pma m st eam BankP o apggz
a. Lawn. Existinq lawn within the riparian buffer may be maintained, but not expanded
within the Stream Bank Protection Zone.
b. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum
and shall be in accordance with the Tree Preservation and Protection Chapter 18.61.
Chapter 18.63 Water Resource Protecdon Zones ~4r~
DRAFT Ordnance 4121189
Page 13 Ashland Planning DHision
1
"~e.~.:.....__. . _ _ _ : _ _ : i Fn t .9F!F!aGhineFy;
. . - - - - - - bove ro~malmuco a]oti~a d land ap~
GU#iRgAhiRRiRg 46 the
alleviate the potential hazard
4. Testing - Site investigative work with minimal surface area disturbance conducted by or
required by a city, county, state, or federal agencyT such as tenet irnited to surveys,
percolation tests, soil borings or other similar tests.
by r.. - - - - - t°"unent [ula]~n~d nit;
ebove..~.tomake eonsolid~a'.ie.d iandsvpggvg"8
ucnonRd'`8ay',:<➢x`~aiz'.r!a
yit* the C1.e..m Rank Pratedinn 7nnA
G0FGum6taFIG86 shall the maintenanGe PFUFIiAg be 69 severe that it GeMpFemi6es the
5. Reny Fences limited to open wire, electric or similar fence that will not collect debris or Comment [u15] via m a' '
Commrssron dvecna'n fmm"'FABt, 1-
obstruct flood waters may be installed in the half of the riparian buffer furthest away from the
meenng~ad~ded ~o~gotv~^Smnln ^
stream (Figures 8.9 and 10). Solid wood fencing is prohibited in the Stream Bank Protection ranas~acs a ga a~ e gas y
Zone. Fencing in a designated floodplain shall conform to the requirements of section
18.62.070.K.
6. Outdoor Uses -The establishment of outdoor uses such as yards and gardens where
the outdoor use area meets all of the following.
a. Area. The total outdoor use area in the Stream Bank Protection Zone, including
existing and new outdoor use areas in the Stream Bank Protection Zone, does not
exceed one hundred-fifty (150) square feet per lot.
b. Location. The outdoor use area shall be located '
~ ~a of e s a~th, 'ealfVAlie ripanambuffer funY~est away from#the stream
7F.i4ures,8:.9 andE1011 . 8cp Xmryanc [ i;gir"
_ _ _ _ _ _ _ _ _ _ _ _ _ _ - - 1Commrssron duecnonI .28 18
meeting ;added so Ne mhveDWt zone.
c. Patios and Walkways. Porous solid surfaces, with the exception of decks, may be tasese tree u s fcerou
installed in the outdoor use area. '"`®`-884su¢h as'~"-OS
Chapter 18.87 Water Resource Protection Zones w=,
DRAFr Ordinance 4121189
Page 15 Ashland Planning Division
t
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
9. Brahmge-Storm Water Treatment Facility Maintenance - Routine Mmaintenance of
storm water treatment
facilities such as detention ponds or sediment traps, vegetated swales and constructed
wetlands in order to maintain aatufal-flow and prevent flooding when conducted in accordance
with log state and federal permitting requirements and approved management plans. M
year' mamte° ola'ns for. exis6ng_stomi.'wa~tf gent cilitiestwwighoutTpr"ev(ousl4
app pr uedsmanagern ne llotans,reguire a Limit~d~Achvity'and"Use~Ferinit~insaccbidance wilts
secilon~8'63OZOtIS'i3' jcommeot`[uu)'ia~oae6~laeu~m
vidam&haacsm Mttateromntenmtee
p (folder fambu~:inthou[approved.
10. Public Utility Maintenance and Replacement - Routine maintenance and replacement mm aerm< tPSa~mPmu °
of existing public utilities and irrigation pumps if work disturbs no more fofaftsurface?area;tlian
r
the area inside the putSlic utility ea°semenffandto p'addifional:fi a (
io6I 51$per6entsurfacCgre'a
of the''putilic`utihtv"~easement,outsitle of ttie$public Ifbhty easemenf~ Comment [uzs] P Vim' ut~~.~.;
- - _ _ - icomrtiisk.Amr.dtiechunfrnm 10.28.Q& ~
11. Private Utility Maintenance and Replacement - Routine maintenance and replacement o eUm6 '
of existing private utilities and irrigation pumps .
12. Driveway and Street Maintenance and Paving - Maintenance, paving or reconstruction
of existing public and private streets and driveways if work disturbs no more tdtalydbi face area
than thefaiea ins'id`e=the street`iiatit of v v o(a'ocess?easem n-t'and uo to arrr additional'five (51
perceriY`s`urfaceiarea~ofithe stteetTrlaht f-wav. or access easementout'side of~the:rntit'of=waV
oceasement{ Public streets shall be located in public right-of-way or a public easement
' ,Commission dneohonfrom 1,0,26A8
imatnigt`:s
X813. Legally -Established -Nonconforming Activities, Uses and Structures -The
following legally established nonconforming activities, uses and structures may continue
subject to the following provisions.
a. Structure Maintenance, Replacement and Expansion. Existing legally
established nonconforming structures within or partially within a Stream Bank
Protection Zone may be used and maintained, but shall not have the existing building
footprint or impervious surface expanded or enlarged unless the expansion or
enlargement occurs outside the Stream Bank Protection Zone. Imresidehti lMind
distr cts,.a nonoonforming principa IOldina maygbe"replac rebuilt rf the ezistiiio
tii)ildinia:footonr3U'does not?chanoe Ws¢e or shape` and"additional surface a7eakin=ttie
Sgeam°,Bank'ProtectloffiOe is otdisturbed Additional stories may be added to comment{ n]~> ~n~~ a w
existing structures in the Stream Bank Protection Zone if the existing building footprint all dai
izonebbesbu,uwtDfm'~same zestd
f'~'~'~"ootprmt:
does not change in size or shape and additional surface area in the Stream Bank Nat~~a~ r-~ 11
mf
Protection Zone is not disturbedsRepait br6dtre nsthictidn:ofta,no`n' ' nfo m a Of na®a ea s
tprov,swnd al~lotX,lac®~ opt if
' bm~ng1eges,K6cy+n~d npairbr,s..-'.,
pdemulishM bq ohwcg ~
Chapter 16.63 Water Resource Protection Zones
DRAFT Ordinance 4121169
Page 1T Ashland Planning Division
r
ii. The driveway -will provide access to a legally sreated lot er-parsetef FeGerd
which was created prior to the effective date of this ordinance.
iii. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance.
x
.z<su,'r',^:sr~:•~ue.~saa~°a.r~ ,.vr;4.,:"»~axssrra~ez:.
eu.~n wEau.: Ls6°. •o{y~..r •a:.ws+;r•- ~.-~p..,#k~n .
µ~giet66E19 `~6AB~~
ssr--v
a, n: .z~z.y a° P,,..>'.•meat rs€
s v xz e,q Ewa , cm[ ~ d a er
ea69RieFit< i CommerltT[u30t•IMo"~ed ile~m~vr9,
[tU'mdrNove
B. Exempt Activities Within Wetland Protection Zones. The following activities and uses do not
require a permit or authorization teem theGi4y-under this Chapter to be conducted in a Wetland
Protection Zone, provided the restoration requirements included in sections 18.63.120.B.1 ara _ ent Nail+'>oemaadz~
are met. All applicable .local state and federal permits shall be obtained prior to commencement tCo1`smn:non srendaMs ; k
of exempt activities and uses. Exempt activities and uses may quality as development as defined
in section 18.62.030.E and may require a permit for development in Floodplain Corridor Lands
Chapter 18.62.
1. Ufi seabi-ff n 7 a Maintenande, The limitations imposed by this Chapter do not cdmme [uazl`se moCmeP,
include the routine maintenance of existing vegetation within a Stream Bank Protection Zone, rom bei°w~-a "•a~a-m~ al
exem pas wnum ens"6ng
provided that the following requirements are met. lavass m w~u u ae «n,±on ~~n,
a. Lawn. Existing lawn within the wetland buffer may be maintained, but not
expanded within the Welland Protection Zone.
b. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum
and shall be in accordance with the Tree Preservation and Protection Chapter 18.61.
Under no circumstances shall the maintenance pruning be so severe that it
compromises the tree's health, longevity, or resource functions (i.e. shade, soil
stability, erosion control, etc.)
c. Fire Hazard Prevention with Hand-held Equipment - Perimeter mowing or
thinning of vegetation in the wetland buffer with hand-held equipment or machinery for
fire hazard prevention, consistent with City standards for Wildfire Lands described in
Chapter 18.63 Water Resource protection zones
DRAFT Ordinance 4121189
Page 19 Ashland Planning Division
a. Maintenance psyAing ef existing tfees shall be kept tea Fnininium and shall he in
"ndArAn
tFee's health, longevity, OF FeGOUFG8 1UPWORS (i.e. shade, GGFI Stab lity, BF96FBR GeRtFOI,
e
b. Ponnneteir mewing and other outtiq FIBGessaFy in the wetland buffeF fOF hazard
ppeventieR with hand hold equipment 9F aGhiReFy.
5 -Felice Fences limited to open wire, electric or similar fence that will not collect debris or cow melt [u3s]ieaaa~
w°aend's vorre for"wmsstency ,
obstruct flood waters may be installed in the wetland buffer (Figures 6 and 7). Solid wood wa
°a~<'~'emPtla~ mYta:68 DaD A1a^%
fencing is prohibited in the Wetland Protection Zone. Fencing in a designated floodplain shall
conform to the requirements of section 18.62.070.K.
36. Trails - The establishment of trails ate-"dated'etliicatiohal:di9' avsti _h_er_e_aII_o_f _th_e _ _ _ _ comanenc [~a9a Re ifion made
following are met. - 1nRV 32':09 City Couocii'studF eenion.$y
a. Installation. The trail installation shall retain the general topography of the Wetland
Protection Zone.
b. Width and Grade. Trail width shall not exceed thi six 369 ;incfies, stair width canmeM [uaD7 R i on m 11
shall not exceed fifty (50) inches, and trail grade shall noted twenty 20~percent ;a er n` QUO
"
except for thtportion of the trail containing stairs. 3Grallst0publi5"63 s:mavibelp'B mmmmm,E f°raugs*edrry.
seve'T"'hHr"-fivov~('l2Ninches?in.widthito;ac'commod to 6iah oedestnari traf6g areas) _ _ t r~"c°"°' °"A 1
Canmen[{Wl] Reviaon made
after 3'209~City Coub"ndI stndy'~eesilon.`c. Tree Trimming. RIa4Tree trimming shall not exceed a height of eight (8) feet-and s M` arc° n
a width of sox (6-f82t 3F<.equ_~~y:~n edn°ationel'e`rrnts.
d. Native Tree Removal. Native trees larger than six (6) inches in diameter at breast
height and native shrubs or conifers larger than five (5) feet tall shall not be removed.
Tree removal shall be in accordance with the Tree Preservation and Protection
Chapter 18.61.
e. Trail Surface. Trails shall not be paved with concrete, asphalt or comparable
surfacing such as pervious concrete and asphalt.
f!Edu' oita[;Disp[a s..,ln conjunction with trail access, moderately sized displays .coam>~,t{;adz] nsM:a e ;
specifically intended to support educational opportunities, such as wildlife habitat aver 32 dtycsonei:r"araet'1°n
To addrtss displays such'as wadhfe
structures, shall be permitted as an exempt activity. ~haLiie sin c~ucaazNh"Moun"pmPmk.
fg. Consistency with State and Federal Permits. Trails construction shall be
permitted within a delineated wetland boundary Chapter 18.63 Water Resource Protection Zones
DRAFT Ordinance 0.21109
Page 21 Ashland Planning DMslon
Historic District, any nonconforming structures may be rebuilt if damaged or destroyed
by a fire or a natural hazard Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
§g. Exemptions for Historic Public Parks and Properties. €x♦sting legally
established+Nonconforming activities, landscaping, uses and structures included in
Lithia Park, Blue Bird Park and Calle Guanajuato and located in the Water Resource
Protection Zone may be used, maintained and replaced, but shall not be expanded or
enlarged within the Water Resource Protection Zone. Repair and reconstruction of a
nonconforming structure under this section shall be in accordance with the
requirements of the Flood Damage Prevention Regulations Chapter 15.10.
W, Piiil&dilFAprroved'Burldinu Ehyelones A previously approved building ;cm mgt lua7
7 r~
envelope within or partially within a Welland Protection Zone which would be w~tia ds aaeo Pnona ra a°"~'~ } "
s"a6m eagm icnsm3Q63060A.12d
prohibited by this Chadter or subject to the limitations and controls imposed by this
Chapter, may be built upon as originally approved and does not have to meet the
requirements of this Chapter if the following conditions are met:
i. The building envelope was established and received City of Ashland Planning
Division approval prior to the effective date of this ordinance
ii. The building envelope is located on a vacant lot.
iii. The building envelope is located on a lot which was created prior to the
effective date of this ordinance.
iv. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance
F~P_revtouslv?Apptdv-idiDriyeways..An approved driveway within or partiallv within Com Dt [uw rev age aadedto'
wetl®dsezem for onsuten
a Wetland Protection Zone, which would be prohibited by this Chanter or subject to Pn ons
svea~ ezengraons m':18:63 060A`126,
the limitations and controls imposed by this Chapter, may be built as originally
approved and does not have to meet the requirements of this Chapter if the following
conditions are met.
i. The driveway location was established and received City of Ashland Planning
Division approval prior to the effective date of this ordinance
ii. The driveway will provide access to a lot which was created prior to the
effective date of this ordinance.
iii. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance
Chapter 18.63 Water Resource Protection Zones
DRAFT Ordinance 1121108
Page 23 Ashland Planning Division
e1n.,dards desGObed a M' a^e"r 4n°+rnTh7 ti appiisatien she!! else addF866 the
3'=Multl-veal MaiMenanc&Pta sq.- mufti-year maintenance Plans may be authorized as__ commenc`[usit gaageaaa<afe
aedress:Yarlo„w,cywouk."'}
follows for existing areas or storm water treatment facilities in Stream Bank Protection Zones
de{urtmrnl concerns regm~g
which do not have a previously approved management Dlans ao ~a ofpa a~nam
tL~r+gan.+,;;.yL.,u.U`ds„cntloo po d5 udmirn[p~
'"cons4ia wUlmldr'~aee 1 i.0 8 kner
i`srymLa2it9T.t+,t#.1'i~.-!`;""s'?~S^ :ri"r&S:.eID"a`*+ie.,:ti>8.'~:ti!Tafb',(g'`.••F,4't}g5'u"`n xo6erta` e'rlu rn.«to"e,~;_
- MR
'4'Q4,4ae~+1. ';',^'t a~ ?~-*xu,~} ~r °.~zfat:,rra.~»*,~{p,'~tsts~.lci;.aabrY, T-t+r,~Z^=;. ,
-^Ie
- Cotrtn~leell~ [u53j Revision ma'd'e
ef[k~3 2:114 Giw coundI study, aeidaa.
ORS 63A OS'Fr ntslueal mgulahon°of
a. Publicly and Commonly Owned Properties. The routine maintenance and yeseaan teandsak,
enhancement of publicly and commonly owned Properties such as Public Darks and
private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm
water treatment facilities such as detention ponds or sediment traps vegetated
swales and constructed wetlands in order to maintain flow and prevent flooding
Routine maintenance of stone water treatment facilities in accordance with an
approved management plan is exempted as outline in section 18.63.060.A.9.
34. Building, Paving, and Grading Activities - The pPermanent alteration of the Stream
Bank Protection Zone by grading or by the placement of structures, fill or impervious surfaces
may be authoriz with the following limited aGitivities aRd Uses as follows.
a. New Public Access and Utilities. The location and construction of public streets,
I bridges, utilities, "aRd-4rails, path connections and utilities
deemed necessary to maintain a functional system and uF oon%M dm'g'i;thatlfno;otties
reaonableera temate fgcaUon ougideeltheTS(ream BankQ -rb tection~Zon0e fists: Thi
title the Compre ensrve P- T-- s~oriatfoo System Plait lAr„ N4y~,A4a_
- an
adopted«,util'rty masterolans and_ other adopted documents shall guide this cw„r~nt [gsal~lAVgnag$~arcd ;
determination. fnccnnsistency wld weilm'dlimikd `e
`''s£"stioxm*18 63.010 6 4.
^-PH . e seas Rd
b~Naw'x..Pri titr ecs; a Utilities =The location and construction of private_ oma~e~i [ussl,,~w pr,~:k aa~
streets, driveways and utilities to provide a means of access to an otherwise - ®d ' wee" a
dnysed nr.tiiaprenoosdcaR,
inaccessible or landlocked property where no other reasonable alternate location
outside the Stream Bank Protection Zone exists.
bc. Driveway and Street Maintenance and Paving. Maintenance, paving, repaviag
or reconstruction of existing public and nvate streets and driveways if work disturbs
more to a6surface`area= a"Itge area:insideithe:stre' ati>~-way or r s
easement+andran 5 d061naPl#W96 @1 er&htf-ddrtienaksurface area~nvtfrra the
Chapter 18.63 Water Res a Protection Zoma
DRAFT Ordinance 1121109
Page 25 - Ashland Ptanni DWon
enhancement activities not otherwise associated with development involving building, grading
or paving are encouraged, and planning action application fees associated with reviewing
these activities for compliance with applicable land use standards may be waived by the Staff
~I Advisor.
2. Removal of Vegetation - Removal of vegetation from within a Wetland Protection Zone is
prohibited, except for Exempt Activities and Uses in accordance with section 16.63.060.8 and
when authorized.with the feliewing limited ai;tivifias and uses as follows.
a. Non-native. Noxious and Invasive Vegetation Removal. Removal of non-native
vegetation, and noxious and invasive vegetation listed on the City of Ashland's
Prohibited Plant List with hand-held or power-assisted equipment or machinery.
. , ,wy Comment{u ].yMogedm cbelopr~'
-^Tr J Commeirt u59 ReH.NOn mad
aeaif
loan listed an the City ef.A.shlank PFAhihitAd P ant List by a oegfie
~OR$35J4Y'057"pemaIOat regulaGO of
Pesbcrd<use ®dele~
outlined in the Limited Use and A.Gfivitiei; appliGatlen, aRd shall be !iFRkBd tO the
The City of A6hjaRd Plapping Division maintains a list of appieved heFbirides that AFR
(
waived by the Staff A dvisnit
c. Fire Hazard Prevention with Power-assisted Equipment. Perimeter mowing and
other cutting necessary in the wetland buffer for fire hazard prevention with power-
assisted equipment or machinery. tFee _ _ _ _ _ _ Comment [u60] iM yedmexempt. tree that is --...dcttmy. .ac
,Ta
chapter 18.63 Water Resource Protection Zonea
DRAFT ordinance 4121109
Page 27 Ashland Planning Division
4
sd. Public Utility Maintenance and Replacement. Routine maintenance and
replacement of existing public and private utilities that disturbs .
lands within the Welland Protection Zone.
de. Storm Water Treatment Facility Installation and Replacement. Installation eF
and replacement of public and private
storm water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands.
ef. Replacement of Nonconforming Structures. Replacement of legally- established
nonconforming structures within of'fp6rt>6llv?'wittiJ5 the original building footprint, rgdQthl tu64]I ranSea6eadded l'r
provided replacement does not disturb additional surface area with the Wetland
s<chon m 18 b3 g7gA d2a,~
Protection Zone.
C. Approval Standards for Limited Activities and Uses within Water Resource Protection
Zones. All Limited Activities and Uses within Water Resource Protection Zones described in
section 18.63.070 shall be reviewed and a decision made through a Type I land use procedure.
The approval authority may approve or approve with conditions 'a request to conduct Limited
Activities and Uses in a Water Resource Protection Zone based upon findings that the following
standards have been satisfied.
1. All activities shall be located as far away from streams and wetlands, as practicable,
designed to minimize intrusion into the Water Resources Protection Zone and use-disturb as
little of the surface area of the Water Resource Protection Zone, as practicable.
2. The proposed activity shall be designed, located and constructed to minimize excavation,
grading, the-area of impervious surfaces, loss of native vegetation, erosion, and other adverse
hydrelegisal mpacts on Water Resources.
3.
eon stream beds.or banks within the bank full stage, in wetlands, and on slopes of twenty-five
(25) percent or greater in a Water Resource Protection Zone, excavation, grading, installation
of impervious surfaces, and removal of native vegetation shall be avoided except where no
practicable alternative exists, or where necessary to construct public facilities or to ensure
slope stability.
34. Erosion control measures shall be employed to ensure sediments are not transported to
the Water Resource. Erosion control measures shall be installed prior to site preparation or
ground-disturbing activities, where applicable. Access roads, staging areas, storage areas and
other areas of temporary disturbance necessary to complete the proposed activity shall be
restored as soon as possible, but not more than ninety (90) days after authorized land
disturbance. Erosion control measures shall be in place concurrently with construction or
establishment of the proposed activity. Temporary measures used for initial erosion control
shall not be left in place permanently.
Chapter M63 Water Resource Protecdon Zones
DRAFT grdirence 42VO9
Page 29 Ashland Planning Melon
shall be reviewed as part of the requested reduction, and shall not be subject to a separate
Variance application under Chapter 18.100. Reductions to dimensional standards may not be
used to reduce required Solar Access setbacks without evidence of agreement by the effected
property owner(s) to the north through a concurrent Solar Access Variance application as
described in section 18.70.060.
D. Any encroachment or change in on-site or off-site drainage characteristics which would
adversely impact the Water Resource has been considered and mitigated.
E. Erosion control measures shall be employed to ensure sediments are not transported to the
Water, Resource. Erosion control measures shall be installed prior to site preparation or ground-
disturbing activities, where applicable. Access roads, staging areas, storage areas and other
areas of temporary disturbance necessary to complete the proposed activity shall be restored as
soon as possible, but not more than ninety (90) days after authorized land disturbance. Erosion
control measures shall be in place concurrently with construction or establishment of the proposed
activity. Temporary measures used for initial erosion control shall not be left in place permanently.
F. A Water Resource Protection Zone reduction agreement shall be recorded in the public records
to give notice of the restrictions and maintenance obligations and to ensure no further
encroachment into the Water Resource Protection Zone occurs.
G. The applicant may dedicate a conservation easement or equivalent protection instrument to the
city, homeowners association or a conservation organization, provided the form of the instrument
is approved by the City Attorney and accepted by the council, if offered.
18.63.090 Hardship Variances
In cases where the limitations on activities within a Water Resource Protection Zone unduly
restrict the development or use of a legally Mated lot-GPpaFG4,9 reserd-, a property owner may
request a Hardship Variance. Hardship Variances described shall be reviewed and a decision
made through a Type II land use procedure. Hardship Variances are not subject to the Variance
requirements of Chapter 18.100. The approval authority.may approve or approve with conditions
a request for a Hardship Variance based upon findings that the following approval criteria have
been satisfied.
A. The applicant has explored all other reasonable options available under this sChapter and
throughout the Ashland Land Use Ordinance to relieve the hardship.
B. The proposed activity or use of land would have been permitted prior to the effective date of
this ordinance.
C. The Hardship Variance is the minimum necessary to permit use of the property in a manner
that could reasonably be expected to occur on similarly zoned parcels in the vicinity.
Chapter 18.63 Water Resoume Protection Zones
DRAFT Ordinance 1121109 CB=s
Page 31 Ashland Planning Division
4. Density may only be transferred within the subject property or to a lot or lots contiguous to
the subject property and within the same ownership.
t 5. The density transferred to lands not within the Water Resource Protection Zone may not be
increased to more than one and a half (1 112) times the base density of the underlying zoning
district. Fractional units are to be rounded down to the nearest whole number.
D. Management Plan. Long term conservation, management and maintenance of the Water
Resource Protection Zone consistent with the requirements of this echapter shall be ensured
through preparation and recordation of a management plan as described in section
18.63.120.B.2.f.
E. Mitigation Requirements. The approval authority may require a mitigation plan in
accordance with the requirements of section 18.63.120 to mitigate impacts resulting from land
divisions.
F. Exemptions for a Public Purpose. An exemption to the requirements described above shall
be granted for lots created for public park purposes, or privately-owned tracts created for the sole
purpose of conserving in perpetuity the natural functions and values of the lands contained within
the Water Resource Protection Zone.
18.63.110 Approval Process
A. Application - Required Plans and Information. The following plans and information shall be
submitted with the application for activities and uses in a Water Resource Protection Zone which
are required to be processed under a Type I or Type II land use procedure including Limited
Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances.
1. A narrative description of all proposed activities and uses including the extent to which any
Water Resource Protection Zone is proposed to be altered or affected as a result of the
proposed development activity or use (in terms both of square footage of surface disturbance
and cubic yards of overall disturbance).
2. Written findings of fact addressing all applicable development standards and approval
criteria.
3. Site development plan map, drawn to scale - The application shall include a site map of the
subject property prepared by a licensed surveyor, civil engineer or other design professional
that includes the information described below. The Staff Advisor may request additional
information based upon the character of the site or the specific nature of the proposal.
a. All watercourses identified (including any drainage ways, ponds, etc).
Chapter 18.67 Water Resource Protection coma
DRAFT Ordinance 4121109 F=,
Page 33 - Ashland Pta Inn Division
I. North arrow and scale.
m. Sources of information (federal, state and local).
4. Mitigation Plan prepared in accordance with the requirements described in section
18.63.120.
B. Building Permits and Development Activities. When approval of a planning action is not
required, other permit applications for the construction of structures or other development activities
on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor
to assure that Water Resource Protection Zones are accurately identified on a site plan and that
Limited Activities and Uses or other site disturbances will not be conducted within the Water
Resource.Prolection Zone.
1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion
control measures may be required to be installed to prevent encroachment and flow of
material or other debris into the Water Resource Protection Zone and to otherwise prevent
impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When
required, these measures shall be installed and site-verified by the Staff Advisor before any
permits are issued and prior to the commencement of excavation, grading, site clearing,
construction or similar site work resulting in changes to the land.
C. Required Information Waived - Determination. Applications under this gchapter involving
properties containing a Water Resource Protection Zone shall accurately indicate the locations of
these features and all other information as described and required above. The Staff Advisor may
waive one (1) or more of the required elements of the site development plan map in section
18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation,
grading, site clearing, construction or similar actions resulting in changes to the property are not
located within the boundaries of the Water Resource Protection Zone.
18.63.120 Mitigation Requirements
A. When a Mitigation Plan is Required. A mitigation plan is required for applications that involve:
Limited Activities and Uses, Water Resource Protection Zone Reductions, Hardship Variances, or
as otherwise stipulated by the approval authority as a condition of approval.
B. Mitigation Plan Requirements.
1. For Applications Involving mingle-Family Residences OR a existing Lot and or
Limited Activities and Uses - For applications involving a-single-family residences legated.
r Limited Activities and Uses, the application shall
Chapter 19.63 water Resource Protection Zones wr,
DRAFT Ordinanu 4121109
Page 35 Ashland Planning DMsion
in local native plant species and in accordance with low state- and federal-
ageRSy approved management plants. The use of noxious and invasive plants on
- the City of Ashland's Prohibited Plant List in Water Resource Protection Zones is
prohibited.
Stream Bank Protection Zone
so feet SO feet
Top of
Bank
i
Soy SO%
Native Native
225' ~ 100% Native Plantings 26'
Figure 8: Native Plant Requirements for Riparian Corridor Streams
Stream Bank PiotegNon Zone
4O'feet ' 40 feat
Centerline
50% 60%"
Native ; Native.
220-} .100% Native Plantings 20'
Figure 9: Native Plant Requirements for Local Streams
Chapter 18.67 Water Resource Protection Zones
DRAFT Ordinance 4121109
Page 77 Ashland Planning Melon
c
viii. Canopy trees shall be planted at 20-foot intervals or such other interval as
required to install materials required for tree mitigation pursuant to the tree
mitigation requirements of the Ashland Land Use Ordinance. The minimum
planting size shall be one (1) inch caliper. All new trees shall be staked and
protected by deer/rodent-proof fencing. Restoration areas that have an existing
vegetated tree canopy consisting of healthy trees at least four (4) inches dbh and
at an average spacing of twenty (20) feet on--oenter are considered compliant
with the restoration standards for trees.
ix. Erosion control material such as mulch, hay, lute-netting, or comparable
material shall be applied (e.g. Fnu!Gh, hay, juie to
disturbed, re-planted areas.
x. New plantings shall be irrigated for a period of five (5) years to ensure
establishment.
A. Local native plant species that do not survive the first two (2) years after
planting shall be replaced.
xii. Re-planting shall occur within ninety (90) days of authorized land disturbance.
xiii. A re-planting project shall include landscape and irrigation plans, with details
addressing the proposed plant species, variety, size of plant materials, number of
plants, timing of plantl ngss,plant spacing and installation methods. Rlastt eurse
19 .au
"The landscape plan shall address the plant commas [ui~rha~~ FI
Comrta~sioaduccu dam 14 08' .
coverage by local native plant species after five-years. meeang ~g x 48 R 2. '10'63 •x 07 R
- CpnmenL[u7 l lievlattu made
~aftir$:3.OgClfy Coued'I~tdy~aeaeion.
°ORS}634'057 prevenls7P`nocal regutatitioro
xiv. For appliGatiens not involving a planning aGti9A (8.g. exempt activities), soil Paw~e aaona ears
disturbance shall not result in permanent changes to the topography of the
Stream Bank Protection Zone.
2. For All Other Applications - For al~Iannin applications not covered in section 4
above18.63.120.B.1, the application shall include a mitigation plan including the information
described below. the-The mitigation plan shall
pmfessieaa , omply with all state and federal regulations and permitting requirements, and
conform to all local regulations and permit requirements related to flood areas, aRd GGntaiR at
Chapter 19.63 Wafer Resource ProtecOon Zotms w=,
DRAFT Ordinance 4121109
Page 39 Ashland Planning Division
IR 63 070 R 2
fe. Management Plan. As a condition of approval, except'
let tannin a lications involvin enly-a single family home and-or Limited
Activities and Uses, the applicant shall implement a management plan for the Water
Resource Protection Zone and resource areas under the applicant's ownership or
control, including the areas restored and enhanced to assure long term conservation
and maintenance. The management plan shall detail proposed monitoring and
maintenance, and shall include a schedule delineating how completed projects will be
monitored and reported to the Staff Advisor. The management plan shall contain the
following requirements.
i. The approved mitigation plan.
ii. Identification of Water Resources and Water Resource Protection Zone
management practices to be conducted and proposed intervals.
iii. The following statements.
• "There shall be no alteration of the Water Resource Protection Zones as
delineated and shown on the attached plan" (attach reduced plan).
• "There shall be no alteration of the size, shape or design of an approved
Water Resource Protection Zone without prior approval by the City of
Ashland".
• "There shall be no amendment or change to this Management Plan
without prior approval of the City of Ashland".
i
iv. Provisions for the ongoing removal and management of noxious or invasive
vegetation and debris.
v. Provisions for the protection of protected plant and animal species in
accordance with recommendations from applicable state and federal agencies.
vi. Specific provisions for city enforcement of the management plan.
vii. Any additional measures deemed necessary to protect and maintain the
structures, functions and values of the Water Resource Protection Zone (e.g.,
_ signage delineating preservation boundaries).
Chapter 16.63 Water Resource Protection Zone
DRAFTordlw=4121109
R;
Page 41 Ashland Planning Division
i
B. Mitigation and Management. Within thirty (30) days of notification by the City of Ashland
Planning Division of a vv ola6oon of a provision of this GChapte~ r or any condition of a permit issued
under this eChapter, militia Gon shalh e.rea lred and the Staff Advisor ma ireauire the3properlyr
owr" ier o umt a mitiga lan prepared bv+ na atural resource Drofesslonai end r#
ordanes".with Sertjfs3.120
+m91~~srearens::r`" e r r.;n.»zsis;,xxtst ;;2rxrg-
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C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as
restitution for the enforcement costs incurred by the City. This fee may be imposed upon any
person who violates any provision of this sChapter or who violates any permit or condition of any
issued permit under this GChapter. The fee shall be in an amount established by resolution of the
City Council.
(
Chapter 18.63 Water Resource Protection Zoms w=,
DRAFT Ordinance 1121109
Page 43 Ashland Mannino Division
r Water Resource Protection
9z Y yr ~ IJ e ,
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Stream Bank Protection Zones Wetland Protection Zones
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CITY OF
i ASHLAND
Physical and Environmental Constraints
Floodplain Corridor Lands
I - car umiu ;00 plain Corridor Lards
I, ( -_j
Urban cre,.6, Botaaary
I r ~
I ,L, \ F~F IntemYleeM and Ephemeral Stream. Piped, 70' buffer FEMAEsNgad
S00-YW FloodNam Corridor Lands
-----~1termittent and Ephemeral Stream, open dnnnal, t tr buffer 18.62.050.1
1 - 1 H-i-N% I : y` Riparian Praxrwtion Stream. 20' buffer Ashland Modified
I 1 .i T+` n 4 F~'° s f _ 16.82.050.4 lain Corddor Lands
1 1 r _ _ j I 1 0502
1-7 I l i11I r_i Yf '-r NOT TO SCALE
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CI7YCOUNCIL STUDYSESS/ON
March Z 2009
Page I of 2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, March 2, 2009
Siskryou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:35 p.m.
Councilors Lemhouse, Jackson, Silbiger, Chapman and Navickas were present. Councilor Voisin was absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Does the Council have questions for staff about Chapter 18.63 Water Resource Protection
Zones and the related Ashland Land Use Ordinance (ALUO) and Comprehensive Plan
amendments?
Community Development Director Bill Molnar shared the background on the ordinance. Planning Manager
Maria Harris provided a presentation that included:
• What is the Water Resource Ordinance?
• Update Package
• Chapter 18.63 Water Resource Protection Zones - Where the Regulations Apply
1. Stream
2. Wetlands
3. Associated buffer areas
• Water Resources Map: Encapsulates the inventory required for significant water resources under
Statewide Planning Goal 5 with significant water resources defined by local jurisdiction or the Safe
Harbor Approach in Statewide Planning Goal 5.
• Identifying the Regulated Area
• Stream Bank Protection Zones
1. Riparian Corridors - Protection zone 50 feet from top of bank
2. Local Streams - Protection zone 40 feet from top of bank
3. Intermittent & Ephemeral Streams - Protection zone 30 feet from center line of stream
Mr. Molnar explained the minimum buffer zone requirement for fish bearing streams is 50-feet and
follows the Safe Harbor Approach. Buffer areas for the other two categories are based on riparian buffer
widths established in other communities ranging from 35-200 feet and City goals. The current ordinance
under the Floodplain Corridor Lands identifies buffer areas at 10 and 20 feet for smaller streams. The City
used centerline measurement to be consistent and expanded regulations in place for the last two decades.
• Wetland Protection Zones
1. Locally Significant Wetland - Protection zone 50 feet from upland edge of wetland
2. Possible Wetland - Protection zone 20 feet from upland edge of wetland
• Approval Process
• Exempt Activities and Uses - No Permit Required
I. Landscaping
2. 50-50 Zone: Restoration Standards in the draft ordinance require compliance regarding
exempt activities and covers details on planting. The 50-50 provision applies to local and
intermittent streams as well.
3. Existing Structures & Infrastructure
• Limited Uses and Activities - Land Use Application Required
1. Landscaping
Ms. Harris explained that multi-year maintenance plans with the removal of noxious and invasive vegetation
possibly using herbicides was added in response to issues the Parks Department had regarding ongoing
maintenance of public and private open spaces.
CITY COUNCIL STUDY SESSION
March 2, 2009
Page 2 of 2
Mr. Molnar noted an omission in the current draft that will be changed making herbicide use consistent for
streams and wetlands.
2. Building, Paving & Grading l
• Protection Zone Reductions and Hardship Variances: Constrained or Nonconforming
Situation - Property gets flexibility - in exchange for restoration of resource
Ms. Hams clarified a single-family residential zone, in a Water Resource Protection Zone or flood plain can
rebuild in the same footprint if the home is destroyed-by flood. Mr. Molnar added Flood Plain Regulations
might require elevation or engineering provisions per the City's participation in the Flood Plain Management
Program.
• . Project History
• Project Timeline
• Key Issues
• Regulating Herbicide Use
• Purpose of Update
• Why are streams and wetlands valuable natural resources?
• Why update wetland, stream and riparian corridor regulations?
A suggestion was made to increase the 30-inch maximum for trails to 36 inches to meet the handicap
accessible requirement.
Concern was raised how some non-native plants are beneficial and their removal using herbicides can result in
erosion or other problems. It was noted the ordinance is written in conjunction with the Restoration Project
and is subject to restoration provisions for cover and canopy.
Meeting was adjourned at 6:40 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Water Resources/Physical & Environmental Constraints Ordinances
Review & Recommendations
For: City Councilors
Submitted by: Rick Landt, Permaculture Designer, former Parks Commissioner,
founding member of Ashland Watershed Partnership, and stakeholder
with property along Ashland Creek and over 20 years of involvement with
local land use and environmental issues
Date: 15 April 2009
The proposed Water Resource ordinance and proposed amendments to the Physical &
Environmental Constraints ordinance in their present form are confusing, contradictory and in
some cases inconsistent with local conditions and best management practices. The
documents are not user friendly. The following outlines sections that need re-writing, some of
the reasons why I believe these ordinances require change and refinement before approval is
considered, and suggestions and recommendations for improving the document and making
it more user friendly.
Ashland Creek with a full tree canopy. There is a native shrub layer but almost no native groundcover on the
right bank and blackberries to the creek edge on the left bank.
The issues 1 and others are raising should have been resolved before these ordinances come
before City Council. Unfortunately, the public and internal processes for developing these
Water Resources/Physical & Environmental Constraints Ordinances Review & Recommendations Page 1 of 6
there is high likelihood that the protecting measures will be applied needlessly or not
applied when they should be.
• As noted, using the top of bank reference point for determining the protected zone, some
riparian areas are unprotected and some upland areas that have minor if any contribution
to the goals of the ordinance are included. I propose a topography basis for how the
Water Resource Protection Zone should be defined for perennial streams: 100 year
floodplain or 40 feet from center of creek, whichever is greater. I understand that this
approach creates challenges with the state and it is an example of where leadership
could be demonstrated by finding an approach that is not one size trying to fit all. Also it
would be user friendly for persons trying to determine what is in the Zone and what is
outside the Zone.
• Section 18.63.060.A.4 states "Fencing in a designated floodplain shall conform to the
requirements of section 18.62.070.K." Section 18.62.070.K states "Fences shall be
located and constructed in accordance with section 18.63.060.A.4."
• Section 18.62.020 states "It is likely that there will be some overlap between the
regulations in this Chapter and those of Chapter 18.63 Water Resources. Where the two
regulations are in conflict, the most stringent shall govern." Would it not be less confusing
and more straightforward if the ordinance did not address the same issue in two places?
Otherwise, someone could read one section and think they were following the ordinance
and be tripped up by a more stringent interpretation in another section.
• No provision is made for what happens when a stream changes course. Does the
protected area that no longer contains the stream but continues to support riparian
vegetation become unprotected and the new area become protected? I believe this
should be spelled out in the ordinance. If the floodplain defined the protection zone, this
would become moot, since the stream cannot, except in extraordinary, rare
circumstances, move outside of the floodplain.
• The handling of noxious and invasive vegetation is problematic. The Water Resources
proposed ordinance states "The City of Ashland Planning Division maintains a list of
recognized noxious and invasive plants. Plants may be added to or removed from the
Prohibited Plant List if reviewed and approved by the Staff Advisor and the City
Horticulturist." The number of noxious and invasive plants in Southern Oregon is very
large and is growing. The City's list includes only a fraction of invasive plants on the State
and Federal lists. The City of Ashland does not have the expertise nor staff resources to
keep on top of this issue. I suggest that the state or federal list, available on the internet,
be referenced in the document and be used instead of a City list. Most of the noxious and
invasive plants on my property in the riparian zone are not on the City's list.
• Some of the definitions are not clear. For example, the definition for Principal Building is
"a building in which the principal use of the zoning district in which it is located is
conducted." In the top of bank definition, one part of it describes top of bank "a change
from bare soil to upland vegetation." Naturally and per figure 2 top of bank in Water
Water Resources/Physical & Environmental Constraints Ordinances Review & Recommendations Page 3 of 6
t ~
• I question whether sufficient notice was given related to the proposed changes for
Chapter 18.62. 1 live on property affected by this ordinance and never received notice
that Chapter18.62 was going to be changed.
• Ashland Watershed Partnership, an organization with a long history of providing the City
with stream related input, provided the Planning' Commission with a list of
recommendations in the early stages of ordinance development. AWP has now
submitted a list of comments and recommendations to the Council. I urge the Council to
carefully consider both sets of documents as they represent a key stakeholder in the
process, and thus far, most of AWP's recommendations have gone unheeded.
r
A thick stand of miner's lettuce along Ashland Creek. When it recedes in late spring, invasive
grasses and annuals tend to replace it, even with a concerted effort to introduce native
plants.
Significant Issues Not Addressed in the Ordinances
• Incorporating a requirement of no net rise of floodwaters when construction occurs in
the floodplain, would be helpful in protecting property rights as well as keeping
structures minimized in the flood plain.
Water Resources/Physical & Environmental Constraints Ordinances Review & Recommendations Page 5 of 6
s Pagel of 2
April Lucas - Fwd: Comments on Water Resource ordinance for Council Packet
From: Maria Hams
To: April Lucas
Date: 4/15/2009 11:20 AM
Subject: Fwd: Comments on Water Resource ordinance for Council Packet
Attachments: ExhibitAwithJRedits.doc
for WR packet
Rick Landt <landtifam@opendoor.com> 4/15/2009 10:41 AM
Hi Maria,
Attached are comments from Joe Riddell, an environmental attorney in Austin, Texas.
Could you please add to Council Packet? It probably needs to be in color to show his additions.
Obviously, some pages could be deleted since they do not have changes or comments.
Thanks,
Rick
Begin forwarded message:
_ From: ]geriddtl1_@8gl Qqm
Date: April 14,2009 11:14:51 PM PDT
To: land(if0m@Qpend99r.com
Subject: my edits and comments are in the attached document
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Hi, Rick, APR 15 2009
i
City of AsNard
community Dev
file://C:\Documents and Settings\lucasa\Local Settings\Temp\3Pgrpwise\49E5C2EOAshD... 4/15
Exhibit A.
Chapter 18.63
WATER RESOURCE PROTECTION ZONES
SECTIONS:
18.63.010 Purpose and Intent
18.63.020 Where Regulations Apply
18.63.030 Definitions
18.63.040 Inventory of Ashland's Water Resources
18.63.050 Establishment of Water Resource Protection Zones
18.63.060 Exempt Activities and Uses within Water Resource Protection Zones
18.63.070 Limited Activities and Uses within Water Resource Protection Zones
18.63.080 Water Resource Protection Zones Reductions
18.63.090 Hardship Variances
18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within
Water Resource Protection Zones
18.63.110 Approval Process
18.63.120 Mitigation Requirements
18.63.130 Map Errors and Adjustments
18.63.140 Enforcement and Penalties
18.63.010 Pumose and Intent
The purpose and Intent of this Chapter are:
A. To implement state and federal law with respect to the protection of dean water, pollution
control and preservation of endangered spades.
B. To prated Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and
( restoring the hydrologic, ecologic and land conservation functions these areas provide for the
community.
C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering
and separation of those land uses and activities that lead to or may create impacts on water
quality, as well as to reduce the risk to people and property resulting from the Inappropriate
management of wetland and riparian areas.
D. To implement the goals and policies of the Environmental Resources chapter of Ashland's
Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding.
E.-To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties
adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife
habitat and provide opportunities for trail connections.
AMC Chapter 18.61 Water Resource Protection Zones Page 1
RECEIVED
A?R 15 2009
City o1 Mhtsnd
i Community oevewpment
j
or aflaw22Mit to be used, property designated as a Water Resource Protection Zone, except as
set font in an exemption, planning action or permit authorized in this Chapter.
( E. Where this Chapter and any other ordinance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will
be some overlap between the regulations in this Chapter and those in Chapter 18.62 Physical and
Environmental Constraints, which regulates development, in physical constrained areas including ;
floodplains. Where two (2) regulations are In conflict, the most stringent shall govem.
'
18.63.030 Definitiona
Alter or Alteration - means any human-induced physical change tD the existing condition of land
or improvements thereon including but not limited to Clearing, grubbing, draining, removal of
vegetation (jfychemical or otherwise), excavation, grading, placement of fill material, placement of
structures or Impervious surfaces or other construction. `Perm@ to be altered" means allowing or,
failing to prevent the alteration.
Approval Authority - the Staff Advisor, Planning Commission or its Hearings Board, Hearings
Officer, or City Council as determined by the applicable procedural requirements.
Bank Full Stage - means the two (2) year recurence interval flood elevation.:
Centerline of. Stream - an imaginary line that is in the midpoint of the stream channel. In cases
where a stream has multiple or braided channels, the centerline of stream is the midpoint between
the outermost or upland sides of the steam channels (Figure 1).
v
Figure 1: CeMedlne of stream
Clearing - means the removal, redistribution or disturbance of vegetation, still or substrate that
may include trees, brush, grass, ground cover, or.other vegetative matter from a site.
Drainage Ditch or Channels' include min MROesb" ~
1. Roadside ditches that carry only storm water runoff from the adjacent road and the I1h°''
immediate surrounding area. (Drainage ditches do riot include historically altered ;
streams or channels that convey surface water flows. These features are still classified
as streams for tl1e purpose of this ordinance.)
2. Constructed channels designed as part of the storm water infrastructure and drain
directly from storm water facilities or storm pipe systems.
AMC Chapter 18.63 Water Resource Protection Zones Pages
RECEIVED
rti R 15 1)99
( - ciN of Ashland
community Development
2. Minimizing imPnts by limiting the degree or magnitude. of the development adton and cis
Implementation,
3. Rectifying the Impact by repairing, rehabilRaing, or restoring the affected environment
4. Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development action,; k hymonitoring a .taking_appropriate_
corrective measures;
5. Compensating for the impact by replacing or.provielng comparable substitute resources or
environments. '
Mitigation Plan - means a plan that outlines the activities that will be underieken lo alleviate
project impacts to sensitive areas.
Natural Resources Professional - means an
individuals who hagys a Bachelors degree, or the equivalent or greater, in the field of natural
resources, biology, ecology, or a related fields, and at least four (4) year; of relevant post
graduate experience.
Non-native Spades - means a plant speaas which is not indigenous to the local area
Noxious and Invasive Vegetation - means plant species which are recognized as having a
significant potential to disrupt the functions and values of local Water Resource ecosystems. The
City of Ashland Planning Division maintains a list of recognized noxious and invasive plants.
Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the
Staff Advisor and the City Horticulturist.
Power-assisted Equipment or Machinery - means equipment or machinery other than hand-
held equipment or machinery. ; For the purposes of this ordinance, equipmeM or machinery with
wheels to tracks and a weight in excess of one hundred (100) pounds is
considered power-„
assisted equipment or machinery. Pmz r f
Principal Building - means a building In which the principal use of the zoning district In which it is- Fo.miaea: tact i, tart
( located is conducted:
FZ - mesas RWntion Zone, qs defined in StrM Batik Protection Zone or Wedand Famateeai Fon : Bola
Protection Zone. below. j m.
. ' .dam
Formatted: Pont. 71mea new
Restoration - means efforts performed to re-establish the functional values and Raman, EngM (U.S,)
characteristics of a critical area that have been destroyed or degraded by past alterations
such as filling, grading or draining.
Riparian Area - means the area adjacent to a stream, consisting of tie area of transition from an
aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream.
'AMC Chepesr 1a63 Water Resource Protection zones- page a _ ,
P C E I E
Top of Bank - means the elevation at which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a dear, natural One impressed on the shore, a change from bare soil to upland
( vegetation (e.g. oak, fir, pure), a change in vegetation from riparian vegetation (e.g. willows, big
leaf maple, alders) to upland vegetation (e:g: oak, fir, pine), a textural change of depositional
sediment or changes In the character of the soil (e.g. from sand, sand and cobble, cobble and
gravel to upland soils), absence of fine debris (e.g..needles, leaves, cones and seeds), and the
presence of water-0ome litter or debris, water-stained leaves or water lines on lose tanks (Figure
2). In the absence of physical evidence or where the top of each bank is not dearly defined, the
two (2) year recurrence interval food elevation may be used to approximate the top of bank.
..pornaNril. G .
One hnpmsr a
onshm
01
Upland eea, e.n
,ter Chat*
a ea
Figure t Top of Bank . - - _ -
Upland - means land not characterized by the presence of riparian area water bodies or
wetlands. `
Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland,
as distinguished from a. riparian or wetland buffer; (which extends upland from the Water
Resource).
Water Resources Map - means the adopted City of Ashland Tap which identifies the
approArnate locations of Water Resources in Ashland including officially reoognized streams and
wetlands identified on Ashland's Local Wetland Inventory.
Water Resource Protection Zone _ means an area subject to the provisions of this Chapter
which includes a Water Resource and an associated buffer of varying width, as established
herein, located adjacent to the Water Resource and in which certain.human activities are
regulated in order to protect the structures, functions and values of the resource. Water Resource
Protection Zone is a category including Stream Bank Protection Zones and Wetland Protection
. AMC Chapter 18.63 Water Resource Protection Zones Page 7
RECEIVED
ivii' _ G
gfty,of A^.h!. nd
Community Development
18.63.040 Inventory of Ashland's Water Resources.
The approtdmate locations of Ashland's Water Resources are Identified on official maps adopted
by the City of Ashland and added to the Comprehensive Plan through ordinance 2419 (May 1987),
ordinance 2528 (July 1989) and ordinance (May 2009). Because the Comprehensive
Plan maps are acknowledged to be appro>mate, the more precise wetland boundaries can be
mapped, staked and used for development review purposes without a modification of the
Comprehensive Plan maps.
18.63.050 Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water
Resources to protect their integrity, function and value. The boundaries of the following Water
Resource Protection Zones shall be established by an on-site survey based upon the following
standards.
A. Stream Bank Protection Zones. The following types of Water Resource Protection Zones are
hereby established to protect streams and their associated riparian resources. The approximate
locations of streams are identified on the Water Resources Map.
1. Riparian Corridor - For streams classified as Riparian Corridor fish-bearing streams with
an annual average stream flow less than one-thousand (1,000) cubic feet per second and on
the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands within fifty (50) feet upland from the top of bank (Figure
3).
riparian buffer riparian buffer
50 feet Top of do feet
Bank
Stream Bank ProtsaMon Zone
Figures: Stream Bark Protection Zone for Rlpartan Corridor stream
2. Local Streams- For streams classified as non-fish-bearing Local Streams and on the
Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands forty (40) feet from the oentedine of the stream (Figure
4).
AMC Chapter 18.61 Water Resource Protection Zones Pegs e _
RECEIVED
IH ~
f nt . ~ i'l'vJ
( City of Ashland
Community Development
upland to half of oth squired width or j -the udend limit wild" any existing
easement (e.g. drainageway, easement), whichever is greater. d
B. Wetland Protection Zones. The following types of Water Resource Protection Zones are
hereby established to protect wetland resources. The approximate locations of Locally Significant
Wetlands and Wetlands are identified on the Water Resources Map. The precise boundary of a
wetland and wetland buffer shall be established through conducting an on-site wetland delineation
and survey based upon the following standards: .
1. Locally Significant Wetlands - For wetlands classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands
within fifty (50) feet of the upland-wetland edge (Figure 6).. A wetland delineation prepared by
a qualified wetland specialist shall be submitted to the City of Ashland that graphically .
represents the location of wetlands on a site plan map in accordance with section
18.63.110.A.3. An average buffer width of fifty (50) feet may be utilized around the perimeter
of a significant wetland upon submission of evidence and a detailed plan by a natural
resources professional demonstrating that equator better protection of the functions and
values of the resource will be ensured, and that there will be an enhanced buffer treatment
through the implementation and maintenance of a restoration and enhancement Man within
the buffer area.
~eP
Is-,
(
Figure s: Wetland Probdlon Zone for Locally signNkaM wedanda
2. Possible Wetlands - For wetlands riot classified as Locally Significant on the Water
Resources Map, the Welland Protection Zone shall consist of all lands Identified to have a
wetland presence on the wetland delineation, pus all lands within twenty (20) feet of the
upland-wetland edge (Figure 7). Possible Wetlands includes all areas designated as such on
the Water Resources Map and any unmapped wetlands discovered on site. A wetland
delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland
that graphically represents the location of wetlands on a site plan map in accordance with
section '18.63.110A3. An average buffer width of twenty (20) feet maybe utilized around the
pedmeter.of a possible wetland. upon submission of evidence and a detailed plan by a natural
resources professional demonstrating that equal or better protection of the functions and
values of the resource will be ensured.
AMC Chapter 18.67 Wafer Resourea Protection Zones Page 77
RECEI`dED
r a7
City G Ash and
. Comnwt:Tv Uevr ,aPfnEnt
A. Non-native, Noxious and Invaelve Vegetation Ramoval with Handheld
Equipment - Removal of non-native vegetation, and noxious and invasive vegetation
listed on the City of Ashland's' Prohibited Plant List with hand-held equipment or
machinery. The act of removing non-native, noxious and invasive vegetation shall not
result in the removal of native vegetation.
a. Hazardous Tree Removal - Removal with hand-held equipment of a hazardous
tree. A hazardous tree is a tree that is physically damaged to the degree that it is
likely to fall and injure persons or property. A permit for Hazardous Tree Removal
shall be processed under the procedures and approval criteria described in the Tree
Preservation and Protection Chapter 18.61,
f. In-channel Vegetation Removal - Removal of emergent in-channel vegetation that
is 17cely to cause flooding using non-invasive methods such as mowing or weed-
Whacking that do. not disturb the underlying substrate. Mechanized removal of
emergent in-channel vegetation that would involve associated removal of soil below
the ordinary high water line is not permitted and would otherwise be subject to state
and federal wetland permitting requirements.
2. Routine Planting with Hand-held Equipment - The planting of local native plant species
or the replacement of non-native plants with local native plant species with hand-held
equipment or machinery.
3. Herbicide Use. Applicatlon of chemical control for removal of noxious or. invasive
vegetation listed on the City of Ashland's Prohibited Plant List and in support of stream
channel, riparian and wetland restoration and enhancement activities provided any chemicals
used are applied in conformance with the product label and approved for such use by state
and federal agencies.„ Altemative methods of removal such as mowing and hand removal are
. (Raorrrowts seowe
strongly recommended it 4. Testing - Site Investigative work with minimal surface area disturbance conducted by or.
( required by a city, county, state; or federal agency such as surveys, percolation tests, soil s^ n
borings or other similar tests:
5. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters may be installed in the half of the riparian buffer furthest away from the
stream (Figures 8, 9 and 10). Solid wood fencing is prohibited to the Stream Bank Protection
Zone. Fencing in a designated floodplain shall conform to the requirements of section
18.62 070.K.
6. Outdoor Uses - The establishment of outdoor uses such as yards and gardens where
the outdoor use area meets all of the following.
a Area. The total outdoor use area in the Stream Bank Protection Zone, including
existing and new outdoor use areas In the Stream Bank Protection Zone, does not
exceed one hundred-filly(150) square feet per lot
- AMC chapter 18.63 water Resource Protection Zorws Page 13..:.
RECEIVED .
t,i, 2ill'9
/ C't}' Or Asrarltl
Community DeMopmet
accordance with local, state and federal permitting requirements and approved management
plans. MuIB-year maintenance plans for existing storm water treatment facilities without
previously approved management plans require a limited Activity and Use Permit In
accordance with section 18.83.070.A.3.
10. Public Utility Maintenance and Replacement - Routine maintenance and replacement
of existing public utilities and irrigation pumps H work disturbs no more total surface area than
.the area inside the public utility easement and up to an additional five (5) percent surface area
of the public utility easement outside of the public utility easement
11. Private Utility Maintenance and Replacement- Routine maintenance and replacement
of existing private utilities and irrigation pumps.
12. Driveway and Street Maintenance and Paving - Maintenance, paving or reconstruction
of existing public and private streets and driveways if work disturbs no more total surface area
than the area inside the street right-of-way or access easement and up to an additional five (5)
percent surface area of the street right-of-way or access easement outside of the right-of-way
or easement Public streets shall be located in public right-of-way or a public easement.
13. Nonconforming Activities, Uses and Structures -The following nonconforming .
activities, uses and structures may continue subject to the following provisions.
a. Structure Maintenance, Replacement and Expansion. Existing nonconforming
structures within or partially within a Stream Bank Protection Zone may be used and
maintained, but shall not have the existing building footprint or impervious surface
expanded or enlarged unless the expansion or enlargement occurs outside the
Stream Bank Protection Zone. In residential zoning districts, a nonconforming
principal building may be replaced or rebuilt if the existing building foogxint does not
change in size or shape and additional surface area in the Stream Bank Protection
Zone is not disturbed. Additional stories may be added to existing structures in the
Stream Bank Protection Zone if the existing building footprint does not change in size
( or shape and additional surface area in the Stream Bank Protection Zane is not
disturbed. Repair and reconstruction of a nonconforming structure under this section
shall be in accordance with the requirements of the Flood Damage Prevention
Regulations Chapter 15.10.
b. Fire and Natural Disasters. In residential zoning districts, a nonconforming
principal building may be rebuilt H damaged or destroyed by a fire or a natural disaster
such as a flood. For properties located In non-residential zoning districts and in an
Historic District, any nonconforming structures may be rebuilt H damaged or destroyed
by a fire or a natural hazard. Repair and reconstruction of a nonconforming structure
under this section shag be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
c. Exemptions for Historic Public Parks and Properties. Nonconforming activities,
landscaping, uses and structures included in Uthta Park, Blue Bird Park and Celle
Guanajuato and located in the Water Resource Protection Zone may be used,
AMC Chapter 18.63 Water Resource Protection Zones Page is
FIECLIVIED
CJ'.i:nT.ni,j Os%! ~pPnt?:.f
b. Tree Priming. Maintenance pruning of existing bass shelf be kept to a minimum
and shag be in accordance with to Tree Preservation and. Protection Chapter 18.61.
Under no circumstances shall the maintenance pruning be so severe that it,
compromises the tree's health, longevity, or resource functions (i.e. shade, soil
stability, erosion control, etc.)
c. Fire Hazard Prevention with Hand-held Equipment - Perimeter mowing or
thinning of vegetation in the wetland buffer with hand-held equipment or machinery for '
fire hazard prevention, consistent with,City standards for Wildfire Lands described in
the Physical and Environmental Constraints Chapter 18.62, provided that the
cutgngdhinning Is the minimum necessary tealleviate the potential fire hazard. .
d. Non-native, Noxious and Invasive Vegetation Removal with Hand-held.
Equipment Removal of non-native vegetation, and noxious and Invasive vegetation
listed on the City of Ashland's Prohibited Plant List with hand-held equipment or:
machinery. The act of removing non-native, noxious and invasive vegetation shall not
result in the removal of native vegetation.
e. Hazardous Tree Removal - Removal with hand-held equipment of a hazardous
tree. A hazardous tree is a tree that is physically damaged to the degree that it is
likely to fall and injure persons or property. A permit for Hazardous Tree Removal
shall be processed under the procedures and approval criteria described in the Tree
Preservation and Protection Chapter 18.61.
fan-channel Vegetation Removal -Removal of emergent in-channel vegetation that
is likely to cause flooding using non-invasive methods such as mowing or weed
whacking that do not disturb the underlying substrate. Mechanized removal of
emergent in-channel vegetation that would involve associated removal of soil below
the ordinary high water line is not permitted and would otherwise be subject to state
and federal wetand permitting requirements.
2. Routine Planting with Hand-held Equipment - The planting of local native plant species
or the replacement of noxious, Invasive and non-native plants with local native plant species
with hand-held equipment or machinery. Noxous and invasive vegetation approved for., .
removal is identified on the City of Ashland's Prohibited Plant List
3. Herbicide Use. Application of chemical control for removal of noxxxus or invasive
vegetation listed on the City of Ashland's Prohibited Plant List and in support of streams 1.
channel, riparian and wetland restoration and enhancement activities provided any chemicals M1
used are applied in conformance with the product label and approved for such use by state '
and federal agencies. Agemative methods of removal such as mowing and hand removal are
strongly recommended.
4. Tasting -'Site Investigative work with minimal surface area disturbance conducted by br
required by a city, county, state, or federal agency such as surveys, percolation tests, soil
borings or other similar tests.
AMC Chapter 19.61 Water Resource Protection Zones Pape 17
accordance with local, state and federal permitting requirements and approved management
plans. Multi-year maintenance plans for existing slam water treatment facilities without
previously approved management plans require a Limited Activity and Use Permit in
accordance with section 18.63.070.6.3.
9. Nonconforming Activities, Uses and Structures -Nonconforming activities, uses and
structures may continue subject to the following provisions.
a Structure Maintenance and Expansion. Nonconforming structures within or
partially within a Welland Protection Zone may be used and maintained, but shall not
have the existing building footprint or impervious surface expanded or enlarged
unless the expansion or enlargement occurs outside the Weiland Protection Zone. In
residential zoning districts, a nonconforming principal building may be replaced or
rebuilt if the existing building footprint does not change in sae or shape and additional
surface area in the Weiland Protection Zone is not disturbed. Additional stories may
be added to existing structures in the Weiland Protection Zone if the existing building
footprint does not change in size or shape and additional surface area in the Weiland
Protection Zone is not disturbed. Repair and reconstruction of a nonconforming
structure under this section shall be in accordance with the requirements of the Flood
Damage Prevention Regulations Chapter 15.10.
b. Fire and Natural Disasters. In residential zoning districts, a nonconforming
principal building may be rebuilt if damaged or destroyed by a fire or a natural disaster
such as a flood. For properties located in non-residential zoning districts and in an
Historic District, any nonconforming structures may be rebuilt If damaged or destroyed
by a fire or a natural hazard. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
c. Exemptions for Historic Public Parks and Properties. Nonconforming activites,
landscaping, uses and structures included in Uthla Park, Blue Bird Park and Cade
Guanajuato and located in the Water Resource Protection Zone may be used,
maintained and replaced, but shall not be expanded or enlarged within the Water
Resource Protection Zone. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
d. Previously Approved Building Envelopes. A previously approved building
envelope within or partially within a Wetland Protection Zone, which would be
prohibited by this Chapter or subject to the limitations and controls Imposed by this
Chapter, may be built upon as originally approved and does not have to meet the
requirements of this Chapter If the following conditions are met:
i. The building envelope was established and received City of Ashland Planning
Division approval prior lo the effective date of this ordnance.
ii. The building envelope is located on a vacant lot
AMC Chapter 18.63 Water Resource Protection Zones Page to
~;~CEI\f[1
~,tV OI h..sgand
( - Cummm~ay j,,,,elopment
3. Multi-year Maintenance Plans j~Multi year maintenance plane may be auCrorized as)
follows for Lexisting areas or p storm water treatment Wi tyies in g_Stream Bank Protection a 3
Zones that whieh does not have a previously approved management plane.
a. Publicly and Commonly Owned Properties. The routine maintenance and
enhancement of publicly and commonly owned properties such as public parks and
private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm
water treatment facilities such as detention ponds or sediment traps,, vegetated
swales and constructed wetlands: in order to maintain flow and prevent flooding:
Routine maintenance of stone water treatment facilities in accordance with an
approved management plan is exempted as outline in section 1&63.060.A.11.
4. Building, Paving, and Grading Activities Permanent. alteration of. the Stream Bank
Protection Zone by grading or by the placement of structures; fill or impervious surfaces may be ,
authorized as follows.
a. New Public Access and Utilities. The location and construction of public streets,
bridges, trails, multi-use path connections and utilities deemed necessary to maintain
a funclional system and upon finding that no other reasonable, alternate location
" outside the Stream Bank Protection Zone exists. This title, the Comprehensive Plan,
Transportation System Plan, adopted utility master plans and other, adopted
documents shall guide this determination.'
b. New Private Access and Utilities. The locetion and construction of private
streets, driveways and utilities to provide a means of access to an otherwise
inaccessible or landlocked property where no other reasonable, alternate location
outside the Stream Bank Protection Zone exists.
c. Driveway and Street Maintenance and Paving. Maintenance, paving, or
reconstruclton of existing public and private streets and driveways K work disturbs
more total surface area than the area inside the street right-of-way or access
easement and an additional five (5) percent surface area of the street right-of-way or
access easement outside of the right-of-way or easement Public streets shall be
located in public right-of-way or a public easement
d. Public Utility Maintenance and Replacement Routine maintenance and
replacement of existing public utilities and irrigation pumps If work disturbs more total
surface area than the area inside the public utility easement and an additional five (5)
percent surface area of the public utility easement outside of the public utility
easement
e. Storm Water Treatment Facility installation.. Installation of public and private
storm water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands.
f. Replacement of Nonconforming Structures. Replacement of nonconforming
structures located within or partially within the original building footprint, except those
AMC Chapter 18.631' Water Resource. Protection Zones Pane 21,
a. Publicly and Commonly Owned Properties. The routine maintenance and
enhancement of publicly and commonly owned properties such as public parks and
private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of stone
water treatment facilities such as detention ponds or sediment traps, vegetated
swain and constructed wetlands in order to maintain flow and prevent flooding.
Routine maintenance of storm water treatment facilities in accordance with an
approved management plan is exempted as outline in section 18.63.060.8.9.
4. Building, Paving and Grading Activities - Permanent alteration of the Weiland
Protection Zone by grading or by the placement of structures, fill or impervious surfaces may
be authorized as follows.
a. New Public Access and Utilities. The location and construction of public streets,
bridges, trails, multi-use path connections and utilities deemed necessaryto maintain
a functional system and upon finding that no other reasonable, alternate location
outside the Wetland Protection Zone exists. This fitle, the Comprehensive Plan,
Transportation System Plan, adopted utility master plans and other adopted
documents shall guide this determination.
b. New Private Access and Utilities. The location and construction of private
streets, driveways and utilities to provide a means of access to an otherwise
inaccessible or landlocked properly where no other reasonable, alternate location
outside the Wetland Protection Zone exists.
c. Driveway and Street Maintenance and Paving. Maintenance, paving, or
reconstruction of existing public and private streets and driveways.. Public streets
shall be located in public rightof-way or public easement.
d. Public Utility Maintenance and Replacement Routine maintenance and
i replacement of existing public and private utilities that disturb lands within the
Wetland Protection Zone.
e. Storm Water Treatment Facility Installation and Replacement. Installation and
replacement of public and private stone water treatment facilities such as detention
ponds or sediment traps, vegetated swales and constructed wetlands.
f. Replacement of Noncomorming Structures. Replacement of nonconforming
strictures within or partially within the original building footprint, provided replacement
does not disturb additional surface area with the Welland Protection Zone.
C. Approval Standards for Limited Activities and Uses within Water Resource Protection
Zones. AN Limited Activities and Uses within Water Resource Protection Zones described in
section 18.63.070 shall be reviewed and a decision made through a Type I land use procedure.
The approval authority may approve or approve with conditions a request to conduct Limited
Activities and Uses in a Water Resource Protection Zone based upon findings that the following
standards have been satisfied.
AMC Chapter le.83 Water Reaoures Probetlon Zones Page 23
REGL-lV _D
j ('plCdll;p~ly ,jr.Ri.:~f*R:~if
B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently
perform the proposed activity and/or use. The proposed development shall minimize disturbance
to the Water Resource Protection Zone by utilizing the following design options to minimize or
reduce impacts of development
1. Multi-story construction shall be used.
2. Parking spaces shall be minimized to no more than that required as a minimum for the use.
3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a
pervious paving material.
4. Engineering solutions shall be used to minimize additional grading and/or fill.
C. The proposed use or activity is designed to minimize intrusion into the Water Resource
Protection Zone through the use of up to a fifty (50) percent reduction of any dimensional
standards (e.g. required front, side and rear yard setbacks; required distance between buildings;
or maximum building height) to permit development as far outside or upland of the Water
Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards
shall be reviewed as part of the requested reduction, and shall not be subject to a separate
Variance application under Chapter 18.100. Reductions to dimensional standards may not be
used to reduce required Solar Access setbacks without evidence of agreement by the effected
property owner(s) to the north through a concurrent Solar Access Variance application as
described in section 18.70.060.
D. Any encroachment or change in on-site or off-site drainage characteristics which would
adversely impact the Water Resource has been considered and mitigated.
E. Erosion control measures shall be employed to ensure sediments are not transported to the
Water Resource. Erosion Control measures shall be installed prior to site preparation or ground-
disturbing activities, where applicable. Access roads, staging areas, storage areas and other
areas of temporary disturbance necessary to complete the proposed activity shall be restored as
soon as possible, but not more than ninety (90) days after authorized land disturbance. Erosion
control measures shall be in place concurrently with construction or establishment of the proposed
activity. Temporary measures used for initial erosion control shall not be left in place permanently.
F. A Water Resource Protection Zone reduction agreement shall be recorded in the public records
to give notice of the restrictions and maintenance obligations and to ensure no further
encroachment into the Water Resource Protection Zone occurs.
G. The applicant may dedicate a conservation easement or equivalent protection instrument to the
city, homeowners association or a conservation organization, provided the forth of the instrument
is approved by the City Attorney and accepted by the council, H offered.
18.63.090 Hardship Variances
In cases where the limitations on activities within a Water Resource Protection Zone unduly
restrict the development or use of a lot, a property owner may request a Hardship Variance.
AMC Chapter 18.63 Water Resource Protection Zones Page 28
s:o~:,~ru;ty Oevdoprnent
2. A map shall be submitted showing the land area not within the Water Resource Protection
Zone to which the density will be transferred.
3. The Water Resource Protection Zone shall be included in a separate preservation tract to
be managed by a homeowner's' assocIabon or other common ownership entity responsible
for management of the area.
4. Density may only be transferred within the subject property or to a lot or lots contiguous to
the subject property and within the same ownership.
5. The density transferred to lands not within the Water Resource Protection Zone may not be
increased to more than one and a half (111/2) times the base density of the underlying zoning .
district Fractional units are to be rounded down to the nearest whole number.
0. Management Plan. Long term conservation, management and maintenance of the Water
Resource Protection Zone consistent with the requirements of this Chapter shall be ensured
through preparation and recordation of a management plan as. described In section
18.63.120.B.2.fg.
E. Mitigation Requirements. The approval authority may require a mitigation plan in
accordance with the requirements of section 18.63.120 to mitigate impacts resulting from tend
divisions.
F. Exemptions for a Public Purpose. An exemption to the requirements described aboveshaii ga rrepnornent r.
be granted for lots created for public park purposes, or privately-owned tracts created for the sole t`iuniro..t ast~tci
purpose of conserving in perpetuity the natural functions and values of the lands contained within
the Water Resource Protection Zone.
18.63.110 Approval Process
A. Application -Required Plans and Information. The following plans and informatic i shall be ,
submitted with the application for activities and uses in a Water Resource Protection Zone which
are required to be processed under a Type I or Type 11 land use procedure including Limited
Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances.
1. A narrative description of all proposed activities and uses including the extent to which any
Water Resource Protection Zone is proposed to be altered or affected as a result of the
proposed development activity or use (in terms both of square footage of surface disturbance .
and cubic yards of overall disturbance):'
Z Written findings of fact addressing all applicable development standards and approval
criteria
3. Site development plan map, drawn to scale - The application shall include a site map of the
subject property prepared by a licensed surveyor, civil engineer or other design professional
AMC Chapter 18.83 Water Resource Protection Zones Peps Z/
iud'vP V D
I. North arrow and scale.
(r m. Sources of information (federal, state and local).
4. Mitigation Plan prepared in accordance with the requirements described in section
18.63.120.
B. Building Permits and Development Activities. When approval of a planning action is not
required, other permit applications fa the construction of structures or other development activities
on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor
to assure that Water Resource Protection Zones are accurately identified on a site plan and that
Limited Activities and Uses or other site disturbances will riot be conducted within the Water
Resource Protection Zone.
1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion
control measures may be required to be installed to prevent encroachment and flow of
material or other debris into the Water Resource Protection Zone and to otherwise prevent
impacts to the Water Resource Protection Zone by dearly identifying its boundaries. When
required, these measures shall be installed and site-verified by the Staff Advisor before any
permits are issued and prior to the commencement of excavation, grading, site clearing,
construction or similar site work resulting in changes to the land.
C. Required Information Waived - Determination. Applications under this Chapter involving
properties containing a Water Resource Protection Zone shall accurately indicate the locations of
these features and all other information as described and required above. The Staff Advisor may
waive one (1) or more of the required elements of the site development plan map in section
18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation,
grading, site clearing, construction or similar actions resulting in changes to the property areis not
located within the boundaries of the Water Resource Protection Zone.
( 18.63.120 Millaotion Requirements
A. When a Mitigation Plan Is Required. A mitigation plan is required for applications that involve:
Limited Activities and Uses, Water Resource Protection Zone Reductions, Hardship Variances, or
as otherwise stipulated by the approval authority as a condition of approval.
B. Mitigation Plan Requirements.
1. For Applications Involving Single-Family Residences or Limited Activities and Uses -
For applications involving single-family residence s or Limited Activities and Uses, the
application shall include landscaping and irrigation plans addressing the following standards.
The Staff Advisor may require the mitigation plan to be prepared by a natural resource
professional.
AMC Chapter 18.63 Water Resource Protection Zones Page 29
- - - Steam Bank Protection Zone -
1
50 (sat so feet
Top of
. ' Bank
60% SOX
Native. - - Nath+a.
~ 26 100% Native Pl*nUnp
j
Figure 8: Native Plant Requirements for Riparian Conisor Streams
Stiieani Bank.P mtoction Zone
40 fist 40 Peat
Canino"
60%, 60%'
Natlw i use".
.100% No" P
Figure 9: Native Plant Requirements for Local Stra m.
AMC Chapter 18.83 Water Resource Protecdon Page 31
planting size shall be one (1) Inch caliper. AD new bees shall be staked and
protected by deer/rodent-proof fencing, Restoration areas that have an existing
_ vegetated bee canopy consisting of healthy bees at least four (4) inches dbh and
at an average spacing of twenty (20) feel on-center are considered compliant
with the restoration standards for trees:
ix. Erosion control material such as mulch, hay, jute-netting, or comparable
material shall be applied to disturbed, re-planted areas:
x. New plantings shall be irrigated for a period of five (5) years to ensure
establishment.
A. Local native plant species that do not survive the first two (2) years after
planti
ng shall be replaced.
xii. Re-planting shall occur within ninety (90) days of authorized land disturbance,
Al. A re-planting project shall include landscape and Irrigation plans, with details i%,
addressing the proposed. plant spades, variety, size of plant materials, number of
plants, timing of plantings, plant spacing and installation methods.. The landscape
plan shall address the plant coverage by local native plant species after five-
years. .
xlv. For exempt activities, soil disturbance shall not result in permanent changes
to the topography of the Stream Bank Protection Zone...
2. For All Other Applications - For planning applications not covered in section 18.63.120.8.1,
the application shall include a mitigation plan including the information described below: The
mitigation plan shall comply with all state and federal regulations and permitting requirements, and
conform to all local regulations and permit requirements related to flood areas. The Staff Advisor
may require the mitigation plan to be prepared by a natural resource professional.
( a. Assessment of Water Resource Protection Zone Structures, Functions and
Values. A mitigation plan shall include an assessment of the structures, functions and
values (i.e. water quality, flood control, habitat, etc.) that will be adversely impacted by
the proposed alterations of the Water Resource Protection Zone and a dew
explanation of how these impacts are to be mitigated. ,
b. Objectives and Standards of Mitigation. A mitigation plan shall state speak
plan objectives and establish dear and measurable standards for determining H
stated objectives have been accomplished. For example, the objective might be to
restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit
fish and reduce water temperature, while the standard might be a certain percentage '
of shade canopy coverage at the end of one (1) year and one-hundred (100) percent
shade canopy coverage after three years.
AMC Chapter 18.63 Water Resource Protection Zones Page 33 i•S~ iC.iYr_i.~
nn m:-..y Cie...a~,¢Cr
iv. Provisions for the ongoing removal and management of nordous or invasive
vegetation and debris.
v. Provisions for the protection of protected plant and animal spades In
accordance with recommendations from applicable state and federal agencies,
vi. Specific provisions for city enforcement of the management plan.
vii. Any additional measures deemed necessary to protect and maintain the
structures, functions and values of the Water Resource Protection Zone (e.g.,
signage delineating preservation boundaries):.,
viii. Provisions for the perpetual protection and maintenance of the: Water
Resource and Water Resource Protection Zone including but not limited to the
following.
!X- Record of a conservation easement.. or Conditions, Covenants, and oar t.sotAaevt6 t
Restrictions (CC&Rs) which prescribe the Conitions and restrictions set forth in c
the approved land use application, development permit, building permit, or
proposed public facilities plans, and any imposed by state or federal permits.
x Transfer'of the ownership and maintenance responsibilities for the area to a
willing public agency, non-profit association or private conservation organization
with a recorded conservation easement prescribing the conditions and restrictions
set forth in the approved land use application, development permit, building
permit, or proposed public facilities plans, and any imposed by state or federal..
permits.
A. Other mechanisms addressing long-term protection, maintenance and
mitigation consistent with the purposes and requirements of this ordinance as
deemed appropriate and acceptable by the approval authority.
3. A Performance Guarantee. In general, mitigation shall be Implemented prior to or concurrently
with the project. The approval authority may require a performance bond or similar monetary
Insurance of up to one hundred and ten (110) percent of the proposal's cost to guarantee that the
mitigation proposal will be carried out as approved, and to ensure that the objectives are met
through demonstration of compliance with measurable standards and that the site will be
maintained to keep the Water Resource functioning property.
18.63.130 Mao Errors and Adlustnerds
A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on
the Water Resources Map when the applicant has shown that a mapping error has occurred and
the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified
by DSL shall be used to automatically update the Water Resources Map and record the wetland
delineation document. No formal variance application or plan amendment is required for map
AMC Chapter 18.64 Water Resourca;Protection Zones Page 35
ild
n
Page 1 of 1
April Lucas - Fwd: Ashland Watershed Partnership
From: Maria Harris
To: April Lucas
Date: 4/15/2009 11:20 AM
Subject: Fwd: Ashland Watershed Partnership
Attachments: AWP Final Recs 4-09.doc
another one for WR
"Cyndi Dion" <cyndid@osfashland.org> 4/15/2009 10:58 AM
Hi Maria; Mayor Stromberg has asked to meet with members of AWP this afternoon regarding the current draft
of the Water Resource Protection Zone ordinance. We would like to submit this document to be included in the
packet to the counselors for the April 21, 2009 public hearing, and we will also be presenting it to the mayor this
afternoon.
Thank you very much,
Cyndi Dion
Cyndi Martin Dion
Business Office Manager
Oregon Shakespeare Fe5tlVa/
(541) 482-1111 Ext. 228
` please consider the environment before printing this e-mail
RECEIVED
APO 15 2009
City of Ashland
Community Development
i
file://C:\Documents and Settings\lucasa\Local Settings\Temp\XPgrpwise\49E5C300AshD... 4/15/2009
Specific Issues/concerns-
Public education materials came out before the ordinance was adopted.
The weight to surface ratio of equipment allowed in riparian areas must be an
error; 100 psi would allow 7.2 tons per square footl
Riparian zone and flood plain elements should be integrated.
Non-conforming uses, such as patios, fences and fixed amenities like benches
and picnic tables, should be addressed clearly.
Definitions of riparian zone and top of bank should be understandable to a
person without having to hire an expert.
"Local native vegetation" is not ascertainable for most people and does not
achieve the goal of resource/creek protection in some cases.
Important Issues not addressed in proposed ordinance:
There is no plan to get sewer lines out of the floodplain and water resources
protection zone.
Ephemeral and intermittent streams currently flow into the irrigation ditches,
rather than continuing downstream, thus changing stream hydrology and creating
the potential for disastrous results (i.e. what happened on Lantern Hill Drive
during the 1997 flood). This issue is not addressed.
RECEIVED
11 Pi? 20 9
City of Mbland
Page 2 of 2 Communiy Development
RECEIVED
April 13, 2009
APR 14 2009
City of Ashland City of Ashland
City Council Community Development
Ashland, OR
Dear Councilor Silbiger:
Time is running out. The City of Ashland Water-Resource Protection Zone Ordinance
will be brought to the public hearing for your approval on April 21, 2009. I have serious
concerns with this proposal.
So far, the public hasn't been allowed to speak before the Council on this issue. The
Mayor, who now tuns City Council meetings, previously directed this proposed
Ordinance through the Planning Commission as.its Chairman. He appears biased in
favor of its passage in its strictest form. I was allowed to observe but not to speak as he
and the City of Ashland Planning Department staff put the Council through an elaborate
indoctrination.
I fear the Council will regard this proposed Ordinance as a consensus of many points of
view which will result in improving our ecology. But for me, it would erode my right of
ownership and would devalue my property without compensation. My home and
business properties along Tolman Creek Road total over 20 acres. I estimate that over
2,000 feet of Hamilton Creek runs through them; this proposed Ordinance concerns me in
the following ways:
1. The study doesn't reveal that the City of Ashland uses our creeks as storm drains.
During past years, without notification or my consent, the City of Ashland has piped
untreated surface water from streets and subdivision homes into Hamilton Creek and
onto my property. When I questioned this practice I was informed that a city of
Ashland's size is unregulated in Oregon and although it's a questionable practice to
dump excess water onto anther's land, I would be required to sue the City to prevent it.
Are you also reserving my land to dump the runoff of future developments like the 55
acre Croman project? Why is this intrusive practice allowed, instead of creating a pipe-
controlled storm drainage system? Isn't that why we have service development charges?
2. Hamilton creek's normal flow width is 2 to 4 feet with a depth of 6 to 18 inches, and it
contains no fish. Why should this proposed Ordinance mandate an area 40 feet on each
side of creek center, a total of 80 feet? Does that justify taking my land and my
neighbors' back yards when a worse pollution problem may come from the City of
Ashland's storm drain program? Why does this small stream warrant such a wide
expanse of land to become so restricted and devalued?
1.
Subject: Comments on the Water Resource Protection Ordinance RECEIVED
To: Ashland City Council
APR -9
~ppg
Date: April 7, 2009
City of Ashland
Community Development
From: Royce Duncan
1065 Paradise Lane, Ashland
Background:
I have followed this ordinance closely through the planning commission process for the last
year, and have made comments when I felt they were useful. Here is a summary of my
current thinking.
These riparian areas along our creeks are very special areas and, in my view, they should
be embraced in the community fabric as natural environmental places to be. If we don't use
them we won't value them.
Issues with the draft ordinance:
The current draft only gives one message: 'keep out'.
My feeling is that, on the contrary, we should invite people in, to love these areas and to be
enriched by them so they will value and protect them.
Many of these areas have been very disturbed and need repair. This is not wilderness. You
could not create a wilderness ecology if you tried in these limited areas dispersed within an
urban community.
I sometimes think we are not approaching the issue correctly because we don't have a
word or clear concept for these close-in natural areas. We understand what a park is and
we understand what wilderness is. These are not parks and they are not wilderness. They
are an opportunity for daily contact with nature. They do take considerable maintenance so
they are more like a garden. Maybe a term like 'natural urban garden areas' would come
closer to describing their true contribution to the community.
I think the current draft may represent too narrow of a picture of these areas. Not a wrong
view, just too narrow. A standard practice in the design.profession is to take things apart to
look at the pieces and then reassemble them to see how they work together. This process
was systemized some 35 + years ago by Ian McHarg and has become standard in the
industry. It uses the concept of a layer system to describe each influence or process
relating to a property such as: Environmental, social, cultural, economic, historical,
recreational, vegetation, slopes etc. The composition of layers tells you things the
individual element layers do not. The current draft reads as if you pulled out only the
environmental layer and wrote the total ordinance around it, ignoring all other aspects and
opportunities.
By only considering the limited view of the environmental aspects of these areas, the draft
ordinance has attempted to optimize only the protection aspects and ignores any usage
aspect that would incorporate them into the community. This has produced a draft with
overly controlled and restrictive use of the surface areas. The excessive buffer setbacks,
especially of the intermittent drainages, often becomes very problematic when laid over an
inappropriate outcome or at the least a missed opportunity for a truly thoughtful progressive
ordinance suited to the community.
Every industry has a plan development process that is a variation of the basic scientific
method. In the building industry it's: programming, schematic design, design development,
documentation, construction, building fit up, post occupancy review. For an ordinance it
should be something like: problem identification, information gathering, expert input,
stakeholder input, reformulation of the problem, deliberation, set goals and desired outcome
and then write an ordinance.
Note: I would like to commend Mayor Stromberg for his efforts, as then chairman of the
planning commission, for extending the comment and deliberation period which did allow
for greater understanding and many improvements in the draft ordinance.
Other comments:
If this ordinance is intended to be an omnibus ordinance covering open space, riparian
corridors etc. it should be named as such, both for transparency and for clarity for users of
the ordinance.
The draft does not address Ashland's major source of potential water pollution to Bear
Creek which is the runoff water from approximately 95% of our land area which includes
roofs, driveways, most yards and streets which goes into our storm water system. This
draft will have little, if any, effect on Bear Creek water quality. In the State documents they
write: "A riparian buffer will have virtually no filtering effect on runoff that enters the stream
as canalized flow."
This ordinance was presented as mandated by the State. The State Goal 5 implementation
document only discusses fish bearing streams, not local or intermittent drainages and
makes no requirements for these elements.
The State Goal 5 Implementation document tells ordinance authors to consider all aspects
of a community when developing this ordinance. This should include "environmental,
social, economic, recreational, and historic".
Because of the negative nature of this draft ordinance I an concerned that we will create a
hostile attitude in property owners and these areas will be locked away in unused and un-
maintained blackberry thickets.
This draft reads as legacy single use zoning from the past and does not represent our best
efforts.
The current draft is some 40+ pages long. Even before changing any of the content you
can eliminate easily 12 to 15 pages just by removing the duplication in the permitted and
not permitted sections.
We all wish to feel we are environmentally doing the right thing, however a "feel good"
ordinance that does not accomplish its goals and places needless burdens on a portion of
our citizens does not represent our best efforts.
Thank you for your consideration
Royce Duncan
i
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET ASHLAND, OREGON 97520
RECEIVED
COMMISSIONERS:
Don Robertson
JoAnne Eggers J,e=. 1a Director
Michel Gardiner APR
Jim Lewis 209
-
t J' TEL : (541) 488-5340
Melody Names FAX: (541) 488-5314
Rich Rosenthal Rao?', City of Ashland
- Community Development
MEMORANDUM
TO: Maria Harris, Planning Manager
~G
FROM: Donn Todt, Parks Horticulturist
DATE: March 31, 2009 lll///
SUBJECT: Control of Non-Native Trees within the Riparian Corridor of Lithia Park
Within the "Purpose and Intent" section of the proposed Wetland and Riparian Ordinance,
it is stated that one of the goals is "to protect Ashland's significant wetlands and riparian
areas, thereby protecting and restoring the hydrologic, ecologic and land conservation
functions these areas provide for the community." Important provisions of the ordinance
address the protection and restoration of native plant communities within these zones.
Some people assume that all native plants are better adapted to our regional environments
than are non-native plants. For a variety of reasons this is not true. Many non-native
species are much more competitive than native species and so tend to displace the natives.
Within the Rogue Valley, for example, star-thistle is very competitive with and tends to
displace native species. Himalayan blackberry colonizes areas far more rapidly than does
our riparian-adapted native blackberry.
In many situations, especially near urban and agricultural lands, it is futile to attempt to
eliminate non-natives and control the landscape so that it contains only native plants. In
many areas it is not possible to maintain a semblance of native plant biodiversity without
continual maintenance.
But in some cases, it is possible to intervene effectively and economically to stop non-
native plant encroachment. For example, in Lithia Park, a few trees introduced to the park
in the early 1900s eventually seeded into the riparian zone along Ashland Creek, where
they compete strongly with native species. As these plants attain reproductive maturity
along the creek they set seed and continue to spread, not only along the Ashland Creek
(Lithia Park) corridor but also downstream to Bear Creek and from Bear Creek to the
Rogue River. It is disturbing to see how many non-natives currently grow along the wild
section of the Rogue River below Graves Creek.
Home of Famous Lithia Park
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET ASHLAND, OREGON 997520
COMMISSIONERS: RCCEIVED
F sH~ Don Robertson
JoAnne Eggers Director
Michel Gardiner
Jim Lewis APR - 2009 TEL : (541) 488-5340
Melody Nomas FAX: (541) 488-5314
Rich Rosenthal
REDO City of Ashland
Community Development
MEMORANDUM
TO Maria Harris, Planning Manager
FROM Donn Todt, Parks Horticulturist
DATE March 31, 2009
SUBJECT Perspective on the Relative Toxicity of the Herbicide Glyphosate
One of the elements of Ashland's proposed Riparian and Wetland Ordinance concerns the
use of pesticides. Should they be allowed? If so, under what conditions? If not, what may
be the trade-offs? Making these decisions requires some familiarity with how to evaluate
the validity and applicability of scientific data. The Parks and Planning Departments have
been proffered information regarding the potential toxicity of the herbicide glyphosate that
conflicts with the information upon which we base our decisions regarding herbicide
safety. The following is a partial analysis of the information distributed by the Northwest
Coalition for Alternatives to Pesticides.
From global warming to whether or not we vaccinate our kids, we rely upon the
information provided by science in order to assess our options. How can we evaluate the
often conflicting information that we gather or that is proffered to us? In a time like the
present when the sheer quantity of information available to us is mind-numbing, this is a
paramount question. It is sometimes tempting to form opinions or base policy on a narrow
range of information. Pesticide issues are a case in point.
Since science is neither culture-free nor experience free, I'll first state some of my biases.
I read Rachael Carson's Silent Spring when it was first published in the 1960s. It
continues to influence my perceptions of pesticide uses and abuses. I feel that the present
methods for evaluating the efficacy and safety of medical and environmental chemistries
are seriously flawed. Corporations that stand to gain immense fortunes if their products
are successfully marketed are in charge of evaluating the safety and efficacy of these same
products. As recent events have amply demonstrated, many large corporations have the
short-term rather than the long-term in mind when they make decisions. I have a
particularly long-term antipathy to Monsanto Corporation, largely because they have
successfully coupled intensive pesticide use with genetic engineering into a very profitable
Page I of 10
Home of Famous Lithia Park
When we first look at one of the Pesticide "Fact" Sheets reprinted from the Journal of
Pesticide Reform, the "facts" seem quite alarming. One "Fact" Sheet (Cox 1995) states
that glyphosate-containing products are "acutely toxic to animals, including humans" and
that these products may cause any number of developmental, carcinogenic and
reproductive effects.. f we look at other analyses of glyphosate we are led to an alternate
conclusion: that glyphosate is a relatively safe substance. The key word here is "relative."
The only way we can make a judgment about how toxic a substance might be is to
compare it with other substances. One commonly used measure of toxicity is known as an
LD-50. The LD-50 of most reactive substances can be looked up within the Material
Safety Data Sheets for these products or ascertained from a variety of sources on the
Internet.
For instance, let's look at the warnings on the MSDS sheet regarding aspirin and its active
ingredient acetylsalicylic acid. First, let's look at an LD-50 for the active ingredient: it is
200 mg/kg which makes it about 25 times more toxic than glyphosate. Among the hazards
identified on the MSDS sheet are:
I. Harmful if swallowed (the primary ingredient in aspirin!) or inhaled
2. Causes irritation to the skin, eyes and respiratory tract and may cause an
. allergic respiratory reaction
3. May cause mild burning in the mouth, stomach, anorexia, nausea,
vomiting, intense thirst, diarrhea, dizziness, irritability, confusion, coma,
and death from respiratory failure
4. Chronic exposure may cause tinitus, abnormal bleeding (gastric or retinal),
gastric ulcer, weight loss, mental deterioration and skin eruptions
5. May cause kidney and liver damage in susceptible individuals
6. May cause birth defects through embryo toxicity or fetal toxicity
7. The State of California considers acetylsalicylic acid to be carcinogenic
Obviously a very scary "Fact Sheet" regarding aspirin could be developed from an MSDS
sheet and other toxicological information pertaining to aspirin. It would give a whole
different perspective to the doctor's admonition to "take two aspirin and call me in the
morning." If this sheet were posted below the aspirin shelf in the drug store, sales would
plummet.
The point is not that aspirin is especially toxic but that all substances are, at some dose,
potentially toxic. The lethal dose for aspirin is about 20 to 30 grams with lesser effects
occurring at lower dosages. Aspirin taken as directed by the label, except under unusual
situations, would not cause the problems listed above. This highlights a very important
toxicological maxim: THE DOSE MAKES THE POISON.
Page 3 of 10
your position, is generally known as "cherry picking your data." Policy based on "cherry-
picked" data can have serious consequences. Think of the intelligence regarding "weapons
of mass destruction" in Iraq. My sense is that in their zeal to discredit Monsanto the
Journal of Pesticide Reform provides a very misleading analysis of the toxicity of
glyphosate.
-Another problem with articles in the Journal of Pesticide Reform is that unlike most
scientifically oriented periodicals, the articles are not peer-reviewed. If I write an article
and submit it to a scientific journal (I'm occasionally guilty of this), the editor sends it out
to two or three experts on the subject about which I am writing. Ideally these reviewers go
over the proposed paper with a fine-toothed comb. They look for inconsistencies and
inaccuracies in light of their own expertise and understanding of the subject. I appreciate
and learn from these careful reviews. I have a brother-in-law, a chemist, who stated
categorically (maybe after a beer) that he doesn't believe anything not published in a peer-
reviewed journal. I'm not quite that extreme but peer-reviewed journal articles keep
scientific articles from being opinion pieces and the process contributes to the self-
correcting nature of science. The Journal of Pesticide Reform "Fact-Sheets" on
glyphosate deal extensively with toxicology, but are not reviewed by a toxicologist. They
do not provide discriminating information that may be useful for determining whether or
not glyphosate would be a safe substance to use within riparian or wetland areas or
anywhere else for that matter.
There is a significant advantage that accrues to the fact that glyphosate is the most
commonly used herbicide in the world. It is also the most studied. In fact, there are
numerous meta-studies that summarize the voluminous literature on glyphosate
toxicology. These are found in such journals as Reviews of Environmental Contamination
and Toxicology and Regulatory Toxicology and Pharmacology. An article in the latter
journal is titled "Safety Evaluation and Risk Assessment of the Herbicide' Roundup and its
Active Ingredient, Gyyphosate, for Humans" (Williams et al. 2000). It is a review of about
200 articles dealing with the subject. Many of the conclusions are included in the abstract
below:
Reviews of the safety ofglyphosate and Roundup herbicide that have been
conducted by several regulatory agencies and scientific institutions worldwide
have concluded that there is no indication of any human health concern.
Nevertheless, questions regarding their safety are periodically raised. This review
was undertaken to produce a current and comprehensive safety evaluation and risk
assessment for humans. It includes assessments ofglyphosate, its major
breakdown product (aminomethylplhosphonic acid (AMPA)). Its Roundup
formulations, and the predominant surfactant (polyethoxylated tallowamine
(POEA)) used in Roundup formulations worldwide. The studies evaluated in this
Page 5 of 10
were not supported by available data" (Felsot 2000). A more rigorous and robust study of
pesticide applicators in Iowa and North Carolina provides "...evidence of no association
between glyphosate exposure and non-Hodgkin lymphoma incidence (De Roos et al
2005). In any case, we must remember that there is often confusion (deliberate?) between
"association" and "causation." Association doesn't imply causation. lee cream eating and
drowning are strongly associated but eating ice cream doesn't cause drowning. (They are
both associated with a third variable: warm temperatures.) Epidemiological studies
showing association need to be backed up by lab studies showing cause. Lab studies
provide the evidence THAT the EPA' uses to state that glyphosate is not a human
carcinogen.
Although herbicides are often perceived to be almost uniquely toxic, a surprisingly long
list of common substances that contain toxic chemicals (including known carcinogens) can
be made. It would include such foods as alfalfa sprouts, broccoli, cabbage, potatoes and
parsnips (I always knew there was some good reason not to like parsnips!). But not to
worry, the body generally easily processes these toxins. Again, THE DOSE MAKES THE
( POISON. With common plants the story is different. In fact, nationally, there are far more
plant poisonings than herbicide poisonings (Troy and Beringer 2005:1083). Nearly all of
the shrubs that have survived the onslaught of deer in Lithia Park and in our home
landscapes have toxic properties. The primary toxin in rhododendrons, andromedotoxin, is.
more than a thousand times more toxic than glyphosate. Buttercups, common small weeds
in lawns, are also highly toxic. Certain nuts and berries are problematic because people are
more likely to ingest them. Almost every year at the Parks Department we encourage a
parent to take a child to the ER because they have, or may have, eaten berries with
potentially toxic properties. I keep the Poison Control number ready by the phone. There
are certain plants within our landscapes that are incredibly toxic and which have caused
numerous fatalities nationally. Poison hemlock is about 540 times as toxic as glyphosate.
Some kids picked and consumed some poison hemlock on,a school ground in Talent last
year and ended up in the ER. From a risk management perspective, the most worrisome
plant within our landscapes is the appropriately named death-cap mushroom. It weighs in
at about 10,000 times the toxicity of pre-mixed glyphosate. From a risk management
perspective it doesn't matter. whether a potentially toxic substance is a natural chemical or
a man-made one.
Now, let's leave the realm of human toxicity and step down slope into the riparian areas
and wetlands. Pesticide use within these areas is a very legitimate concern. The misuse of
toxic pesticides can and has caused severe ecological damage within our riparian areas.
For instance, in 1996 the Talent Irrigation District caused the release of an algaecide into
Bear Creek causing the mortality of nearly 100,000 juvenile steelhead and a number of
coho salmon (Wood 1998). However, we must remember that while some pesticides are
highly toxic to aquatic organisms, others are not. The best review of the ecological risks of
Page 7 of 10
the nozzle-tip. Our applicators are instructed in three methods of avoiding drift, including
the common sense one of discontinuing spraying when the wind velocity exceeds 5 mph. I
have never seen an example of drift from a Parks Department application. The drift data
cited in the Glyphosate "Fact" sheets would have us take extreme data as "normal" when
in fact the data pertain to misapplications. Nearly anything can have a misapplication.
Should we not use laptop computers because someone once threw one out of a second-
story window and injured a person walking on the sidewalk below? .
Therefore, considering a preponderance of evidence supporting glyphosate's low toxicity
and low likelihood for drift under the Parks Department's conditions of use, we would like
to continue to use it in the environmentally benign way in which we have used it in the
past. We would like to continue to use it as one of our tools, along with extensive manual
control, to manage park vegetation and to control the spread of problematic non-native
plants within the areas for which we have been given the responsibility for stewardship.
Bibliography
Anonymous. "Non-Hodgkins Lymphoma Linked to Herbidices in Two New Studies" (A
reprint of information distributed by NCAP) Nov. 2008.
Anonymous. MSDS Sheet for Aspirin
htto://wwwjtbaker.com/msds/englishhtml?a7686.htm Accessed: 3/4/2009.
Borggaard, Ole and Anne Louise Gimsing. Fate of "Glyphosate in Soil and the Possibility
of Leaching to Ground and Surface Waters: A Review" Pest Management Science Vol. 64
442008.
Chirillo, Samantha. "Non-herbicidal Weed Control Strategies Implemented by City Parks
Staff in the Northwest: Maintaining Hardscapes and Fence Lines" Northwest Coalition
for Alternatives to Pesticides. 2008.
Chirillo, Samantha. "Non-herbicidal Weed Control Strategies Implemented by City Parks
Staff in the Northwest: Maintaining Shrub Beds and Landscaped Areas"
Northweast Coalition for Alternatives to Pesticides. 2008.
Chirillo, Samantha. "Non-herbicidal Weed Control Strategies Implemented by City Parks
Staff in the Northwest: Maintaining Tree Wells" Northwest Coalition for Alternatives to
Pesticides. 2008.
Chrillo, Samantha. "Non-herbicidal Weed Control Strategies Implemented by City Parks
Staff in the Northwest: Maintaining Turf"Northwest Coalition for Alternatives to
Pesticides. 2008.
Page 9 of 10
RECEIVED
To: Planning MAR 3 1 2009
From: Donn Todt (Parks) City of Ashland
Re: Sec. 9 Doe. ("Use of Herbicides" para. 3 and 4 on p. 19) Community Development
Para 3: ........Working with a certified professional (see definition below) will ensure
the following:
Para 4: Use of approved products that are specifically labeled for aquatic use, with no
surfactants, thus minimizing the risk for fish and other organisms.
The problems with the above statements are: (1) some herbicides registered for
aquatic use incorporate surfactants also registered for aquatic use. (2) the most common
products registered for aquatic use necessitate the use of a surfactant in order for them to
be effective. The manufacturer provides the herbicide; they rely upon the applicator to
provide the appropriate surfactant. This is specified within the product label. Examples
are given below:
Rodeo: "When using this product, unless otherwise specified mix 2 quarts of surfactant /
100 gal."
Accord: Under "Mixing" ...add the required surfactant." "When using this product,
unless otherwise specified, use a non-ionic surfactant with 80% active
ingredient." (They specify using a surfactant for all foliage applications)
(
Aquantaster: "This product requires the use of a non-ionic surfactant"
Renovate III: "Use a labeled non-ionic surfactant for all fotiar applications"
These are specifications within the product labels. The labels specify the lawful use of
the products based upon extensive testing. So, for most uses (except cut stump
treatments etc.), a surfactant is required with the use of these aquatically-registered
products. There are many surfactants specifically manufactured for aquatic use. These
include: Cide Kick H. Silenergy, N. I. S. 80, L.I.-700 and Liberate. The later product is
locally available and fits the Parks Departments policy for using the lowest toxicity
products available. The source of confusion is probably that the surfactants included
within many glyphosate products (Roundup etc) are not registered for aquatic use since
they have well-known toxicity to aquatic organisms. All surfactants are not the same.
Hope this is of some help.
Best,
Donn
im Julie Norman
MAR -2 2009 596 Herman Jr
Ashland, OR 97520-1144
TO: ASHLAND CITY COUNCIL
FR: JULIE NORMAN Ashland resident a~ o AsV&&Ahg~i
~ orthwest Coalition for Pesticides
DT: Monday March 2, 2009
RE: draft language in the Water Resource Protection Zone Ordinance allowing limited herbicide
applications along streambanks and in wetlands, to be enforced on all mapped riparian areas on
City properties, City Parks, and private properties.
Dear Council Members,
Please accept these informational documents and questions into the land use ordinance record.
I have included materials on:
- Ashland's existing herbicide policies
- list of pesticides/herbicides used in 2007 and 2008 by Ashland Parks Dept.
- descriptions of alternatives to chemicals and the successful Seattle strategy
- information on DEQ's program to identify Persistent Pollutants (including
70 pesticides/herbicides that represent 40% of Oregon's pollutant load)
I hope these documents are useful in your efforts to refine the riparian ordinance. -
RELATED CITY HERBICIDE POLICIES:
1. 1996 City Pesticide Ordinance #2790 (AMC 9.28). See attached. This "integrated pest
management" (IPM) policy requires all Ashland departments and divisions to "reduce or
eliminate the use of and exposure to pesticides." Ashland Parks and Rec Dept. is exempt from
this ordinance and have their own similar policy (see below).
2. City Parks Division Policy on the Use of Pesticides (revised 5/14/03) by Don Todt. See attached.
Requires Parks Division to "minimize the use of pesticides."
3. Ashland School District restrictions on timing of chemical applications on school grounds
QUESTIONS:
1. Shouldn't any new herbicide policy build upon and be consistent with the City's 1996 "integrated
pest management" (IPM) strategy, particularly in terms of steadily "reducing or eliminating" pesticide
uses and exposures?
2. How will the selection criteria be developed for the list of "approved" streamside herbicides?
3. Is the herbicide language enforceable on private property?
ATTACHMENTS:
• 2005 City Parks Division Policy on the Use of Pesticides
• 1996 Ashland Pesticide Ordinance 42790 (Ashland Municipal Code 9.28)
• 2007/2008 Summary of Ashland Parks Dept. Pesticide Uses (submitted yearly to ODA).
• ad for weed-flaming equipment and natural, low-toxicity herbicides
• Ten Step to Pesticide free Parks, How to Create Healthy Public Spaces in Your Community,
Northwest Coalition for Alternatives to Pesticides of Eugene
• Flame-Weeding: A Hot Alternative to Herbicides, Journal of Pesticide Reform (Spring 2003)
l • Non-chemical Methods for Removing Unwanted Blackberry Plants, Journal Pesticide Reform
• Pesticide Use Reduction Strategy, City of Seattle, Office of Environmental Management
J • 2009 "Persistent Pollutant List for Oregon DRAFT," DEQ (comment period ends Mar. 27)
• 2008 white paper on "Emerging Contaminants, " Natl. Center for Cons. Science and Policy
Submitted by Julie Norman
Page 1
Ashland, Olt: 1996 Ordinance Limiting the Use of Pesticides
posted on the Green Policy Website as a model policy for integrated pest management)
RECEIVE-0
Type: Ashland Municipal Code (AMC 9.28) Status: Adopted via Ordinance #2790 in 1996
Weblink: ; , - = c . I I ii, , - MAR - 2 2009
9.28 Pesticide Policy Comm Cry unity Of nshiand
Development
9.28.010 Policy Adoption
The pesticide policy set forth in this chapter is adopted for all departments and divisions of the City of Ashland.
This policy,does.not apply to the Ashland Parks and Recreation Department which is administered by the
Ashland Parks and Recreation Commission. The Ashland Parks and Recreation Department has a similar policy
in place. Q t 4rr
9.28.020 Purpose XP1TE GKAmr e b " FST µ&AAT ( '
This policy is designed to reduce the risk of illness or injury resulting from city employee and citizen exposure
to pesticides used in the course of performing city operations and also from the accidental exposure of
employees and other persons to such pesticides. The policy requires city workplace practices designed to reduce
'am
or eliminate the use of, and exposure to, pesticides.
9.28.030 Use of Pesticides
TJse of pesticides, including but not limited to herbicides, insecticides and growth retardants, shall be eliminated
Tithe city except as provided in this chapter.
A. Mechanical and cultural methods shall be utilized whenever practical for control of noxious vegetation and
pests. Practicality shall be determined by an Oregon Certified Pesticide Applicator and the respective
department head or the department head's designee. Worker safety and terrain shall be among the factors
considered in this judgement.
B. When mechanical and cultural methods are not practical, only the safest, lowest toxicity products available
shall be used. No "restricted use" pesticides shall be used.
C..Primarily, species which do not require high inputs of herbicide shall be used in landscaping.
D. City staff shall monitor noxious vegetation and pest populations and rely on biological control when
appropriate and effective.
9.28.040 Application of Pesticides
All pesticides shall be. applied by, or under the supervision of, an Oregon Certified Pesticide Applicator. The
certified applicator shall be responsible for overseeing and authorizing all pesticide use by city staff.
A. If pesticides with active ingredients having a greater acute toxicity than table salt (LD 50 = 2,500) are
applied, the area of application shall be posted in advance and for the duration of the re-entry time specified on
the pesticide label or MSDS sheet. For those application areas within fifty feet of the property line of a
sidence, written notice shall be given to such residence by mail or personally delivered.
IS~Effort shall be made to determine the LD 50 of inert ingredients prior to application of a pesticide. If
pesticides with inert ingredients having a greater acute toxicity than table salt (LD 50 = 2,500) are applied, the
Submitted by Julie Norman
Page 3
Oregon Department of Agriculture
PUBS
FIGGEIVED
/acs S'GT'
Pesticide Use Reporting 1`-
System MAR - 2 2009 Reporting System
07
6
it-Af. Ashland-__..-_ - ~-21 Use Reports come iapjWrmnt items 4 Page 1 of 2
Date Site Category SsItec Location Product(s) Used - Not
Use
11- Site with
Urban/General
17- Public 97520 MAKAZE
2008 Outdoor Access
10- Site with
Urban/General RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSIEMERGE?ICE, MN FINALE
31- 2008 Outdoor Acccess 97520 HERBICIDE
HERBICIDE, LILLY MILLER BLACKBERRY It BRUSH KILLER, AQUAMASTER HERB
Q9- Urban/General Site with RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, MAKAZE, FINALE
30- Public 97520 HERBICIDE, LILLY MILLER BLACKBERRY & BRUSH KILLER, ORTHO ROSEPRIDE ROSE &
2008 .Outdoor Access SHRUB DISEASE CONTROL CONCENTRATE
RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, MAKAZE, FINALE
08- Urban/General Site with HERBICIDE, LILLY MILLER BLACKBERRY & BRUSH KILLER, GRTHO RGSEPRIDE ROSE &
20 Public 97520 SHRUB DISEASE CONTROL CONCENTRATE, ORTHO WEED B GON CHICKWEED, CLOVER &
2008 Outdoor Acres OXALIS KILLER CONCENTRATE, CONCENTRATE WORRY FREE BRAND WEED It GRASS
KILLER
07- Site With RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSiEMERGENCE, MAKAZE, FINALE
Urban/Gene2l -
31- HERBICIDE, LILLY MILLER BLACKBERRY & BRUSH KILLER, ORTHO ROSEPRIDE ROSE &
2008 Outdoor Public 97520 Access SHRUB DISEASE CONTROL CONCENTRATE, CUTRINE-PLUS, BAYER ADV 12-MONTH TREE &
SHRUB INSECT CONTROL CONCENTRATE
06- Site with RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, MAKAZE, FINALE
30- Urban/General public 97520 HERBICIDE, LILLY MILLER BLACKBERRY & BRUSH KILLER, ORTHO ROSEPRIDE ROSE &
2008 Outdoor Access SHRUB DISEASE CONTROL CONCENTRATE, CUTRINE-PLUS
05- Site Site with RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, MAKAZE, FINALE
}t- O~~ Public 97520 HERBICIDE, LILLY MILLER BLACKBERRY & BRUSH KILLER, ORTHO RGSEPRIDE ROSE &
4008 Access SHRUB DISEASE CONTROL CONCENTRATE
04- Site with RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, MAKAZE, FINALE Urban/Gene I 30- Outdoor Public 97520 HERBICIDE, LILLY MILLER SULFUR
DUST, ORTHO MALATHION PLUS INSECT SPRAY
1 2008 Access CONCENTRATE, SAFER BRAND INSECT KILLING SOAP CONCENTRATE
03- Site with
31- Urban/General Public 97520 RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, MAKAZE, ORTHO
2008 Outdoor Access W® B GON CHICKWEED, CLOVER & OXALIS KILLER CONCENTRATE
02- Urban/General Site with CASORON 4G, RIVERDALE RAZOR HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, LILLY
28- 2008 Outdoor Acc~ 97520 MILLER POLYSUL SUMMER & DORMANT SPRAY CONCENTRATE, AQUAMASTER HERBICIDE
01- Urban/General Site with
16- Outdoor Public 97520 GREENVIEW PREEN GARDENS It BEDS
200.8 Access
Urban/General -
97520 ORTHO WEED B GON CHICKWEED, CLOVER & OXALIS KILLER CONCENTRATE OD.
f1f~ 2007 Outdoor Acrtel with
Edi
wu7 10 Urban/General Site with AQUAMASTER HERBICIDE, RIVERDALE RAZOR PRO HERBICIDE-BROAD SPECTRUM OR
31- Public 97520 POS EMERGENCE, LILLY MILLER BLACKBERRY & BRUSH KILLER, ROUNDUP ULTRAAW 11
21.07 Outdoor
Access HERBICIDE Edi
^0- Site with LILLY MILLER BLACKBERRY & BRUSH KILLER, PREEN GARDEN WEED PREVENTER,
Urban/General Public 97520 RIVERDALE RAZOR PRO HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, CUTRINE-PLUS OR
Outdoor Access ALGAECIDE/HERBICIDE, ROUNDUP ULTRAAIAX 11 HERBICIDE, TRANSLIHE, FINALE Edi
HERBICIDE, ORTHO ROSEPRIDE ROSE It SHRUB DISEASE CONTROL CONCENTRATE
Site with ROUNDUP ULTRAMAX II HERBICIDE, LILLY MILLER BLACKBERRY & BRUSH KILLER, PREEN
Urban/General Public 97520 GARDEN WEED PREVENTER. RIVERDALE RAZOR PRO HERBICIDE-BROAD SPECTRUM OD.
Outdoor POSTEMERGENCE. ORTHO ROSEPRIDE ROSE & `>HRUS DISEASE CONTROL CONNCEhTRATE- Ed!
Access FINALE HERBICIDE
Site V.dth ROUNDUP PRO HERBICIDE. ORi HO RGSEPRIDE ROSE & SHRUB OISFAE CONTROL
Urbar,i Geneia! Public 97520 CONCENTRATE, GLY STAR O^.:'G!NAL, FRIA'E HrF ICIOE, RIVERDALE RAZOR PRO
Outdoor Access HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, PREEN GARDEN WEED PREVENTER, E di
LILLY MILLER. BLACKBERRY & BRUSH KILLER, ROUNDUP ULTRAN.SX 11 HERBICIDE
06- Urban/General Site with LILLY MILLER BLACKBERRY & BRUSH KILLER, ORTHO RGSEPRIDE ROSE & SHRUB DISEASE OR
30- . Outdoor Public 97520 CONTROL CONCENTRATE, ROUNDUP ULTRAMAX 11 HERBICIDE, RIVERDALE RAZOR PRO
2007 Acres HERBICIDE-BROAD SPECTRUM POSTEMERGENCE, GLY STAR ORIGINAL Edi
05- Site with LILLY MILLER BLACKBERRY & BRUSH KILLER, ROUNDUP ULTRAMAX it HERBICIDE, ORTHO
31- Out Urban/Gene2l public 97520 RGSEPRIDE ROSE & SHRUB DISEASE CONTROL CONCENTRATE, GLY STAR ORIGINAL, OD.
2007 door Access ROUNDUP ORIGINAL MAX HERBICIDE, GORDONS PRO T/O EMBARK TURF & ORNAMENTAL Edf
GROWTH REGULATOR
ORTHO ROSEPRIDE ROSE & SHRUB DISEASE CONTROL CONCENTRATE, GLY STAR
i 05 Urban/Gene2l Site with ORIGINAL, SAFER BRAND Q-INSECTICIDAL SOAP CONCENTRATE, CASORON 4G
~0- Indoor Public 97520 DICHLOBENIL WEED AND GRASS KILLER, AQUAMASTER HERBICIDE, ROUNDUP ULTRAMAX OR
Edi
2007 Access If HERBICIDE, ORTHO WEED B GON CHICKWEED, CLOVER & OXALIS KILLER
-
03, Site with CONCENTRATE
Urban/General
2007 Indoor APublic ccess 97520 FINALE HERBICIDE, ROUNDUP ULTRAMAX II HERBICIDE, GLY SEAR ORIGINAL OR
Edi
Submitted by Julie Norman
Page 5
i '
Ten Steps to .Pesticide-free Parks:
How to Create Healthy Public
Spaces in Your Community
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Arbor Lodge is one of Portland, Oregon's first pesticide-free parks.
Northwest Coalition for Alternatives to Pesticides
PO Box 1393 RECEIVED
Eugene, OR 97440
MAR - 2 2009
ON of Ashi.md
Community Development
Submitted by Julie Norman
Page 7
JOURNAL OF PESTICIDE REFORMINNTER 2006 • VOL. 26, NO. 4
• ALTERNATIVES burners to kill weeds.`
Flame-weeders can be either hand-
FLAME-WEEDING: A HOT held with the propane back tank carried
in a cart or in a backpack, or tractor-
mounted. They all work in the same
way. ee Intense heat seats the leaves of the
weeds, causing the cell sap to expand,
ALTERNATIVE TO HERBICIDES
damaging cell walls. This causes leaves
to wilt and prevents water from moving
By BRAD CoREN and home garden usage. from the roots to the leaves. In a short
period of time, the plant withers and
Flame-Weeding in Agriculture dies.' The plant is not actually burned.
Since the beginning of civiliza- flame-weeding as we know it has How to Flame-Weed in One
Lion; fire has been a tool for managing been around since the mid-1800s. The Easy Lesson
vegetative growth in the landscape. first agricultural flame-weeder, or flam-
One source lists eleven major uses of er, was patented in 1852.2 However, it flame-weeding, like other forms of
fire by Native Americans: for hunting, wasn't until the 1940s that flame-weed- weeding, must be done in a timely
crop management, improving growth ing became recognized as an effective manner. It is very important to catch the
and yields, fireproofing, insect collet- tool in such crops as cotton, sugar weeds at a young state when the cotyle-
tion for consumption, pest manage- cane, and corn.' By 1965, there were dons, the first we leaves, are first begin-
ment, warfare, "economic extortion," roughly 25,000 flame weeders in com- ning to show, usually when the plant is
clearing areas for travel, felling trees, mercial use, but as herbicides became one to two inches tall. Broadleaf plants
and clearing riparian areas.' However, it popular, flame-weeding nearly died are much more susceptible to flaming
took quite some time to figure out how out. By 1990, flame-weeding was in use then grasses, because of the thinner,
to control fire for modem agricultural on approximately 10,000 acres around larger leaves. To be effective, the flam-
the U.S.' In recent years, with the re- ing wand is.slowly passed three to six
newed interest in non-chemical weed inches above the target weeds.' An ob-
control, gardeners and fanners are tak- servable "sag" in the weed indicates that
Brad Cohen is an intem With NCAP. He Is cur- ing another look at flame-weeding. it has been heated long enough.
rensy finishing his B.S., with a focus In Sustainable Plants do not die instantly. In fact,
Agriculture at Evergreen State College in Olympia, Non-Agricultural Uses there may be little noticeable difference
1 Washington, flam_ e-weeders have also found favor after treatment for a couple of hours,
among home-owners as even up to a day. Remember, it is not
a maintenance tool for necessary to bum the plants to the
around the yard and point of ashes; the sag indicates that
driveway. Flame weed- the weed has been killed.
o + t ers are great tools to Please be very careful when flame-
use around fence lines, weeding. Make sure to check for fire
l! } i ~t I'4{$~ tI , = around brick and other bans in dry areas. Always wear protec-
aCa garden paths, and on tive clothing: gloves, pants, and dosed-
gravel driveways or in toe shoes.
driveway cracks. How-
ever, don't use them Three Methods of Use
around the lawn; they There are three basic ways of using
t will leave brown burnt flame-weeders in gardens and on farms:
spots that aren't very selectively "spot-flaming," non-selec-
R' S = attractive! Parks depart- Lively treating entire beds, and as a treat-
' ments are using them to ment before planting. With spot flaming,
_ -r- maintain cracks in side- specific weeds are targeted and flamed
walks and parking lots, directly. This method is generally used
p around sign posts, and when the desirable plants or crop are
to weed baseball fields, big enough to be readily distinguished
from the wee
What Is Flame-
Xs Non selective flaming is used when
` L R Weeding?
both the weeds and desired plants are
Flame-weeding uses at a similar height. With certain hardier
Flame-weeders are very effective for weeding hardy perennial beds, the heat generated from plants such as corn, onion, and garlic,
as well as for gravel paths and cracks in driveways. one or more propane the tops in their early stages of develop-
r r,;r...1
~Cll ~tV'•_D
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIOESINCAP
6 P.O. BOX 1393, EUGENE, OREGON 974401 (541)344-5044 1 www.pesticide. org
,
MAR - 2. 2009
City cf P;hiand
Submitted by Julie Norman Community Development
Page 9
JOURNAL OF PESTICIDE REFORMISPR ING 2003"VOL. 23. NO.1
i A L T E R N A T I V E S
NONCHEMICAL METHODS FOR REMOVING
UNWANTED BLACKBERRY PLANTS
By CAROLINE Cox in the northeast U.S' It thrives in dis- stock once the berry plants are re-
turbed moist areas and at all eleva- moved is often critical.
tions up to 5,000 fee[; Blackberry removal techniques are
Blackberry branches, called canes, site specific. What works well in one
any Northwesterners have are known for their stout thorns. Canes site might not be_compatible or effec-
conflicting attitudes about wild black- are biennial, producing lateral branches tive at a different site: Choose a tech-
berries. A handful of ripe berries or a which hear fruit In their second year 2 nique that fits in with your goals for
piece of fresh blackberry pie is a Himalayan blackberries are robust. the site after the blackberries are gone.
scrumptious treat. On the other hand, They can be 10 feet tall and their canes Don't Get Discouraged!
it's easy to hate the brambles that take can grow as much as 20 feet. in a
over a back fence or a creek bed. season. Trailing canes can root where Many of the characteristics of the
if you decide to get rid Of unwanted they contact the soil, producing "dense, Himalayan blackberry make this plant
blackberries, you'll be faced with a impenetrable thickets."' difficult to remove. Don't get discour-
resilient and thorny plant. It's not tnue At the base of a blackberry cane is aged when you tackle a blackberry
that removal of these plants "must rely an irregularly shaped crown. Roots removal project without herbicides.
on foliage-applied herbicide treat- extend from this crown, and have been Remember that, according to the Uni-
ments."t With a little persistence you recorded up to 30 feet longj4 - versity of California, "blackberry plants
can remove unwanted blackberries Blackberry seeds are transported by usually regrow following herbicide ap--
without using chemical poisons. birds and mammals that eat the fruit. plication." r All techniques for retrov-
Seeds can remain viable in the soil for ing blackberries require persistence.
Basic Biology several years 5 Ilan to follow up your removal work.
The common weedy blackberry in New plants can also develop from
Don't Forget, Disposal
the Pacific Northwest is the Himalayan crowns and underground stems.t
blackberry, Ruhaa discolor. Despite its There are several native blackberry All blackberry removal techniques
name, it is a native of Europe. It is species in the Northwest.; (except grazing) will leave you with dead
widespread in southern British Colum- Focus on Desirable Plants or dying plant material, most of it thorny.
bia, Idaho, Washington, Oregon, and Before you start, figure out how you
northern California and is also common Start a blackberry removal project will cope with this material.
by thinking about what plants you In an urban setting, your own com-
® want in the area that's now blackber- post pile is a good solution. Alterna-
CaroflneCuxisJPR'sechor. ries. Planting desirable seeds or nursery tively, find out if your community
a B
Y
a r
`'s m
r a..~ C
O
W Blackberries' ability to resprout from crowns and roots, their abundant seed production, and their thoms make them a i1gc It plant to manage.
I _It plant
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDES/NCAP
( 10 P.O. BOX 1393, EUGENE, OREGON 97440 / (541)344-5044
MAR - 2 2009
Cll'v of Aohland
Submitted by Julie Norman Community Development
Page 11
Purpose
It is the policy of the City of Seattle to promote environmentally sensitive landscape pest
and vegetation management by phasing out the use of the most hazardous pesticides
and reducing overall pesticide use while preserving landscape assets and protecting the
health and safety of the public and our employees. The following strategy describes
how the City will achieve these goals and establishes pesticide reduction targets and
timelines.
Background
The City of Seattle's Environmental Management Program was developed in 1999 to
promote environmental stewardship in City operations. The pesticide use reduction
strategy is an outgrowth of two policies developed under that program. The Landscape
and Grounds Management policy promotes the design, construction and maintenance
of City landscapes in a way that protects and enhances the region's natural resources
and public health. The Landscape and Grounds Management Guidelines were
developed to implement that policy, including promoting the use of Integrated Pest
Management (IPM), which favors the use of pest prevention/tolerance over control.
It is the City's policy to reduce the toxicity and amount of hazardous materials used in
City operations. The Chemical Use Policy sets forth a framework for evaluating
hazardous materials used by the City and prioritizing products for phase-out and
replacement with less hazardous alternatives.
Regional Integrated Pest Management Initiative
The listing of Puget Sound Chinook salmon under the Endangered Species Act has
heightened awareness of the impact common practices have on the environment.
Recent studies documenting the presence of pesticides in area streams and effects of
pesticides on salmon point to the need for public agencies to serve as models of
environmental stewardship in landscape management.
Representatives from local jurisdictions in King, Pierce, and Snohomish counties
developed a model Tri-County IPM Policy and Guidelines in support of the goal of
reducing the potential impact of pesticide use on threatened and endangered species.
This pesticide use reduction strategy is consistent with the Tri-County Policy and
Guidelines.
Strategy Approach
The two main components of this strategy are (1) to eliminate the use of the most
hazardous pesticides (as defined below) and (2) to achieve a 30% reduction in overall
pesticide use. The following paragraphs discuss the approach to achievinQq these goals.
City of Seattle Pesticide Strategy AR - 2 2009
1
Office of Environmental Management
City of A.sNand
Submitted by Julie Norman Commurily Development
Page 13
• ` r
Exceptions
Exceptions to the restrictions will be considered based on:
a description of the pest problem,
rationale for chemical control with the proposed product,
a description of how the product will be used,
legal requirements,
public health and safety considerations,
preservation of landscape assets, and
an evaluation of all feasible alternatives including non-chemical and no action alternatives;
the safety, health, and environmental impacts of the alternatives also will be evaluated.
Exceptions may be granted on a one-time-only basis or as a programmatic exception
that applies across all departments.
One-Time-Only Exceptions- The Departmental IPM Coordinator and.the Office
of Environmental Management will be responsible for evaluating and approving
one-time-only exceptions within each Department.
Programmatic Exceptions - Departmental IPM Coordinators and the Office of
Environmental Management will meet, as necessary, to evaluate and approve or
deny programmatic exceptions. All programmatic exceptions will be re-evaluated
annually by the IPM Coordinators and the Office of Environmental Management
based on a review of alternatives and a re-evaluation of the need for the control.
For all exceptions granted, a Best Management Practice will be required to minimize
human health and environmental risk.
Overall Pesticide Use Reduction
City staff have already significantly reduced the amount and toxicity of pesticides used
through IPM. In order to identify ways to reduce pesticide use further, a survey of
specific pest management strategies was conducted and general alternative controls
were suggested. Many of the suggestions came from City gardeners based on their
knowledge and experience. Specific pest management strategies were evaluated for
ornamentals, turf, trees/woody brush, electrical substations, rights-of-way, and golf
courses. Alternative pest management strategies identified include:
Pest prevention techniques like mulching, irrigating, fertilizing, and using pest-
resistant species;
Mechanical pest control techniques like flame weeding, hand pulling, string trimming,
and hot water weeding; and
Alternative chemical controls like neem oil products, active bacillus products, and
potassium bicarbonate products.
Increasing pest tolerance thresholds was also suggested. Pesticide use reduction decisions
will consider preservation of the landscape asset, safety, and legal requirements.
Target: Reduce overall pesticide use by 30% bV;ttt-eU9 d3)f 2002. Ct/ ITV
~ i,AAR -2 ~QOg
City of Seattle Pesticide Strategy 3
Office of Environmental Management f~
Submitted by ~tJ~g ~o~ap.. °
SENATE BILL 737
DEVELOPMENT OF A PRIORITY PERSISTENT
POLLUTANT LIST (P'L) FOR OREGON
E
Water Quality Division
Oregon Department of Environmental Quality
811 SW Sixth Avenue
Portland, Oregon 97204
(505) 229-6251
MARCH 2, 2009
DRAFT FOR PUBLIC REVIEW H-EC EIVED
1dAR 2 2009
Gay of As`Iand
Community Doeeiq ment
Submitted by Julie Norman
Page 17
Phthalate Esters 6 pollutants 3% of P3 List
DEHP - used to make plastics flexible
Polychlorinated 5 pollutants 3% of P3 List
Naphthalenes (PCNs)
Dielectric fluids, flame retardants, fungicides;
largely banned by early 19801; legacy
contaminant
Perfluorinated 5 pollutants 3% of P3 List
Surfactants
Fabric treatments (Scotchguard" until 2003),
fire fighting foams, food wrapper coatings,
cosmetics
Dioxins and Furans 1 pollutant <1% of P3 List
No specific uses; by-products of incomplete
combustion processes (particularly plastics);
contaminants in herbicides, legacy
contaminants
F1EGE ET)
r
MAH
Div
Connmunity Ucveiopment
For more information about DEQ's Draft Priority Persistent Pollutant List, visit: htto://www.dea.state.or.us/SB737
I
J
Submitted by Julie Norman
Page 19
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Submitted by Julie Norman
Page 21
. _ o
Emerging Contaminants: A Review with Policy
Recommendations
Prepared by
Vicki Tripoli, Ph.D.
National Science Advisory Board Member
National Center for Conservation Science & Policy
and
Cindy Deacon Williams, M.S.
Senior Scientist
• National Center for Conservation Science & Policy
r
Ri G IV f.7
April 1, 2008 VAR _ ?OQ9
City Of Ashland
COMMUI iiiq Dnvalo anent
1 Y P.O. Bas 729
84 4`° Scree;
1 V'a tiona.l. Center for Ashland OR 97520
Conservation Science & Pofic (=A1)482-4459
(541) 482-7282 (fax)
Submitted by Julie Norman
Page 23
C
Recommendations for action are offered in four categories. The National Center strongly urges
that steps be taken immediately to respond to this emerging human and environmental health
problem.
Prevention
• Enact stricter guidelines for introducing new chemicals and drugs to the marketplace
• Mandate testing for persistent organic pollutants and pharmaceuticals in drinking water
• Enforce wetlands protection and strongly encourage `green' urban planning'
Re¢ulation
• Continue to ban toxics suspected of posing environmental or human health risks
• Legislate and regulate on `weight of evidence' not `cause and effect'
Remediation
• Require sewage treatment plants to remove persistent organic pollutants and pharmaceuticals
prior to discharge
• Establish standards for disposal of sewage treatment sludge contaminated with persistent
organic pollutants and pharmaceuticals
Responsible Government
i
• Sign and comply with international protocols and assist developing countries to do same
• Support interdisciplinary cooperation
• Act to lessen the influence that polluting industries have over legislation and regulation
• Take action to rectify environmental justice issues related to contaminant exposure
i~l~cl~ t4i
' tAA It~Qa
Giof hs.hizncl
11 Commurily i_i;;.,c:' pmant
Submitted by Julie Norman
Page 25
mixtures, both of which are poorly understood. This review highlights the current state of
knowledge on the source, occurrence, environmental fate, and possible effects of a number of
major types of emerging and modern organic pollutants. There are five categories that contain
the bulk of relevant contaminants: persistent organic pollutants, pharmaceuticals, inorganics,
nanotec ology particles, and radioactives. See Table 1 for a summary.
PERSISTENT ORGANIC POLLUTANTS
By far the most studied classification of contaminants, persistent organic pollutants (POPS) still
can be labeled as `emerging' because of unique characteristics that keep them circulating in the
biosphere at ever changing concentrations despite the fact that some o t em were banned 20-30
years ago. Adverse ecological effects now are being
A Great Lakes community has found due to their metabolites (Kodavanti 2005).
experienced significant declines Moreover, n~gativ~effectsincreasingly are being found
in the rate of male births. World at very low leve c of x ogre (Gerstenberger and Tripoli
wide, sex ratios range from 102 2001). The United Nations Environment Programme
to108 males for every 100 defines POPS as chemicals resistant to hotochemical,
females, or slightly over 50% biolo ical, heat and chemical egradation. Thus, they are
males. In this U.S. community transported in the atmosphere and ocean currents and
located near a large aggregation have been found in relatively high levels even in the
of industries the birth rate for Arctic and Antarctic areas where they have never been
males has dropped to 34% over used (Parris 2003). In addition, they have low water
the last five years (Mackenzie, et solubility and high lipid solubility leading to their
al. 2005). bioaccumulation in fatty tissues, where concentrations
can become magnt to o 000 times background levels
Sex ratios have been suggested found in the environment (Bilcke 2002). DDT is the
as a monitor of reproductive most well known example, a POP brought to public
health of a population (Davis et attention by Rachel Carson in her book Silent Spring for
al. 1998) and while there have its eggshell thinning effects on fish eating birds.
been reports of sex ratio skew in
wildlife (Reeder et al 1998) and Today people world-wide are exposed to numerous
laboratory animals chemicals, and as a result have approximately 500
(Gerstenberger & Tripoli 2001) chemicals stored in their bodies (McGinn 2000). Adverse
from exposure to endocrine . health effects have een observed in high trophic level
disrupting chemicals, not much is wildlife species and humans. Evidence has strongly
known about how these implicated POPS in immune dysfunction, re rop ductive
contaminants affect humans. impairment, developt~r glltaLallgorma rites and
neurological disorders (Tripoli 2000, Ross and Birnbaum
2003). There increasingly is concern that even low level exposure during fetal, neonatal and
childhood development may have severe ._th gjpgcts for generations to come (Damstra 2002).
Of the thousands of contaminants in this group, this review will focus on the most common and
those that are known endocrine disrupting chemicals (EDC). This group (summarized in Table 2)
includes chemicals used in plas_~s in the manufacture of pesticides, surfactants used in cleaning
products, and industrial chemicals, like PCBs and fire retardants. Many of the synthetic
chemicals discussed come under more than one use or category and the chemical names can be
complex, so they will be mentioned in relation to use and byproduct name when possible. Fi;. ;cal`c.U
2
Submitted by Julie Norman
Page 27 Vito o~ i•:;Llond
-rn R ril o c; L4 ►
pleaue E~~~eY jn~ V,~c ORVLk1 KeCur i6~tE► r QqSource.2OKCy ~ti^c~~Tnace
Tom Marr comments on Pesticide policy MAR - 2 2009 To 1
i
city of Ashland
Community Development
I am here to ask that you ban the use of all pesticides, including insecticides, fungicides and herbicides
on our publicly owned and maintained lands.
We may debate the toxicity of each individual chemical, please keep in mind that every banned
pesticide was once considered safe and legal. The chemical companies invent new pesticides faster than
the government can ban them.
A brief history of these dangerous and persistent toxic substances tells the story of how their
widespread use grew out of irresponsible agricultural practices, greed and misinformation. It began in
the South less than 100 years ago. When cotton was king and monoculture farming provided the ideal
conditions for a Boll Weevil epidemic. As the Boll Weevils destruction grew so did the bounty on it.
Southern States put out huge cash rewards for the death of the boll weevil. DDT scooped up those huge
rewards and hit the ground running. DDT killed most of the weevils in the first application. The surviving
weevils reproduced and needed to be resprayed, within a few generations farmers sprayed and
resprayed to the point of killing the cotton itself with their pesticide.
DDT's use in this country grew into the 10150's until Rachel Carson's book, SifentSpring. By that time DDT
was found in human mother's milk and had driven the Bald Eagle to the brink of extinction.
By Definition these chemicals are killers. Herbicide equals homicide,
pesticides equals genocide.
Many of these chemicals were created as weapons of war. The organophosphates, Malathion and its
variations were derived from nerve gas banned ever, as a weapon of war. The phenoxy herbicides such
at 245T and 24D were the main ingredients in Agent Orange, sprayed on Vietnam, where more than 120
new types of birth defects occurred and persist to this day. 24D can be purchased at your local grange
coop. Most laws and regulations amount to read and follow the label. Even these manufacturer written
labels say to keep the substances out of the watershed.
Today the problem is ever growing. In the last year alone studies have shown that pesticides interfere
with salmon's ability to navigate back to their native spawning grounds. Research shows a 100 percent
increase of Parkinson's disease for those exposed to pesticides. Most experts agree that pesticides play
a major role in colony collapse disorder plaguing bee pollutions worldwide.
In the meantime cancer, Alzheimer's, autism and immune disorders rates are skyrocketing. Our oceans,
rivers, streams and the fish in them have levels of toxins often too high for humans to be exposed to.
We can do our part to solve this problem. Stop sending our hard earned local tax dollars to chemical
refiners In Texas and India.
Instead let's use our Ashland tax dollars to put local residents to work. When Uthia Park was first
started, planted and maintained, pesticides had not even been invented yet and look what grew.
Pagel of 3
April Lucas - Fwd: Re: herbicides and blackberries
From: Bill Molnar
To: Harris, Maria; Lucas, April
Date: 2/25/2009 8:46 AM
Subject: Fwd: Re: herbicides and blackberries
FYI - Please include in record for Council
Bill Molnar
Community Development Director
City of Ashland, OR
Tel: (541) 552-2042
Fax: (541) 552-2050
molnarb ashland.or.us
This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure
and retention. If you have received this message in error, please let me know.
John Stromberg <john@council.ashland.or.us> 02/25/09 8:39 AM
Stewart,
Thanks for your message. I'm sorry you can't attend tonight's conversation. Why don't you and I get together
when you're back?
I'm Ccing Bill Molnar on this reply to you so he can include your message in the public record.
Best regards,
John
Original Message
From: "Stewart Reid" <westernfishes@opendoor.com>
To: john@council.ashland.or.us
Sent: Wednesday, February 25, 2009 7:30:25 AM GMT -08:00 US/Canada Pacific
Subject: herbicides and blackberries
Good morning Mr. Mayor,
Unfortunately, I will be out of town today and unable to attend your discussion on herbicide use in riparian
corridors and other wetlands.
However I would like to provide some perspective based on my experience.
I consider that the domination of riparian areas by invasive blackberry thickets is the greatest impediment to
community appreciation of the streams in our community.
However, I don't think herbicides are the answer.
Our property is on the lower end of Clay Creek and includes the full reach from East Main down to Bear Creek
Page 3 of 3
Stewart B. Reid, Ph.D.
2045 East Main St
Ashland OR 97520
(541) 488-5154; 890-1669 (cell)
WesternFishes@opendoor.com
Specializing in the Biology and Stewardship of Western Fishes
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JOURNAL OF PESTICIDE REFORM/WINTER 2004 • VOL. 24, NOA
bacteria:,7 However, this herbicide can
actually pose significant hazards to
human and environmental health. This CL7TLTnRf"ING1~1.+N S IN
article summarizes the research docu- jjVl'j~j j~
s g those hazards, with a foals
on re GLYPHOSAn HERBICIDES
on research published since 2000.
Inert Ingredients
Like most pesticides, commercial inert ingredients in commercial caused genetic damage in labon-
glyphosate herbicides contain ingredl- glyphosate herbicide products, with tory teSL9
en's other than glyphosate which, ac- examples of their hazards, Include - Polyoxyethylene alkylamine' is
cording to U.S. pesticide law, are called the following: an eye in'1tant.8 It is also toxic to
"inert."' Publicly available information - 5-Chloro-2-methyl 3(217)-iso-- Prsh9
about the identity of these ingredients thiazolone' caused genetic dam- - Propylene glycol' caused ge-
in glyphosate products is incomplete. age and allergic reactions in labo- netic damage, reduced fertility,
For information about the hazards ratory tests.'- and anemia in laboratory tests.to.
of some of the inert ingredients in - FD&C Blue No- 11 caused ge- - Sodium sulfhel caused genetic
commercial glyphosate products, see nedc damage and skin tumors in damage In tests with Ixyth labora-
"Inert Ingredients," at right. laboratory tests.` tory animals and human cells."
Research studies about glyphosate - Glycerine' caused genetic dam- - Sodium benzoater caused ge-
sometimes use commercial glyphosate age in tests with human cells and netic damage in tests with hu-
herbicide products, and other times laboratory animals. It also reduced man cells and laboratory ani-
use glyphosate alone. In this article fertility in laboratory tests i mats. It also caused developmen-
we identify as accurately as possible - 3-lodo-2-propynyl butyl carbalm tal problems and reduced new-
which was used in each study ate' caused thyroid damage and born survival in laboratory
discussed. decreased growth in laboratory tests.lz
Symptoms of Exposure tests 5 - Sodium sail of o-phenylphenoll
Light aromatic petroleum is a skin irritant. It also caused
According to reports made to the distillate (Chemical Abstract genetic damage and cancer in
California Pesticide Illness Surveillance Services No. 64742-95-6)' re- laboratory testCl3
( Program, symptoms of exposure to duced fertility and growth of new- - Sorbic acids is a severe skin irri-
glyphosare herbicides include eye irrl- boms in laboratory tests 6 taut and caused genetic damage
tation and Inflammation, burning eyes, - Methyl p-hydroxybenzoate' in laboratory tests."
blurted vision, shin rashes, burning or
itchy skin, nausea, sore throat, asthma 1. U.S. EPA. Os ice of Prevention. Pesticides, and Toxic Substances. 2004. Response to Freedom
and difficulty breathing, headache, leth- of Information Act request of October 19, 2004. Wwh)ngtw. D.C. Response dated November
n.
acgy, nose bleed, and dizziness? 2- National Institute for Occupational Sudety and Health. 2003. RTECS: 4-Isothiaza]in3one, 5.
Irritation" can seem like a less se- ehbro-2-methy4, vmw.edagov1nIos lecsnnx7c76b2html.
rious symptom than those caused by 3. National Institute for Occupaflonal Safety and HeattR 2000. RTECS: Ammonlum, ethyl (4-(p•
Other pesticides. However, it can be (ethl(e ufbbenzyl)amim)-alpha4"uffophenygbenzylidens)-2.5<ydohexadien-l-ylidene)(m.
significant. For example, Italian der- 4. Nations/ yQ-, Mo ro itle, Inner soh, dhodium salt www.rde.govmiosNrtawbg4e/906.himl.
p for pabonal Safety arid Health. 2003. RTECS: Glycerol. www.cdagwl
matologists in 2004 reported treating niosroneoslma7ad55o.hM.
a patient who knelt on the ground S. U.S. EPA. Prevention, Pesticides and Toxic Substances. 1997. Rereg'atrelion eligibility decision
here her son had just sprayed a (RED): 3-lodo-2-propynyl butylearbamate (IPBC). mvv.epa.gw/pesticides. p.7.
w 6. National Institute for Occupational Safety and Health. 1996. RTECS: Solvent naphtha (petro.
glyphosate-containing herbicide. Shc light seemed.. www.n4a9ovndoshMeoNw33e1 QJ W,
then put on clothing that had been 7. National Insulate for Occupational Safety and Heg6h. 2003. RTECS: gamete add, p-hydroxy.,
the round where he had sprayed methyl ester. www.cdcgwfnbsh/rlecs/dh256250JrtM.
on g a. National Institute for Occupational Safety and Heaitiu 1997. RTECS: Ethom ern T/1S. wr w odagow
and napped. Within hours her skin nioshh1ecs/ao92dda8.htmL
was burning and she developed a blls- 9. W.T. Haller and Stocker R.K. 2003. Toxicity of 19 adjuvants to )wenle Lepomis macochirus (bluepT
m rash on her back, legs, and feet san6sh). Em'ean ruxicd Chem 22:6/"19.
terg 8s, 10. National Institute for Occupational Safety and Health. 2003. RTECS: 1.2-Propanedtol,
that lasted for a month.11 wwwcdcgovinimhirtece4l e9480.1tml.
11. National Institute for Occupational Safety and H08M. 2003. RTECS: Sodium surda. www.odagow
Ability to Cause Genetic nlosh.Aecslwe20ce70.hlmL
Damage (Mutagenicity) 12. Nations] Institute for Occupational Safety and Health. 2003. RTECS: Benzoic acid, sodium sac.
w .0dc.govlnbsh/rtecs/dh657690.htM. -
Four laboratory studies published 13. National Institute for Occupational Set" and He fifth. 2003. RTECS: 243iphenybt sodium, sell.
in the late 1990s demonstrated the abll- `ede.govmiosvrtecsrdv757eM.lmnl.
14. National Insaarte for Occupational Safety and Heats. 1998. RTECS: Sorble acid, www.cdogov/
iry of glyphosate and glyphosate-con- nioswdacgnrg200b20.hmnL
taining herbicide pmducts to cause
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDESINCAP
P.O. BOX 1393, EUGENE, OREGON 974401(541)344-5044 twww.pesticide.org
(
Submitted by Julie Norman
Page 3
JOURNAL OF PESTICIDE REFORMI W INTER 2004 • VOL. 24, NOA
{ (spontaneous abortions)." In a study pregnant rats glyphosate-conraminated glyphosate.
of Ontario, Canada farm families, water caused changes in the activity A regional study, however, indicates
glyphosate use in the three months of several enzymes in the brains of that glyphosate can be a common con-
prior to conception was associated with their fetuses." A second study, from taminant. In a USGS Toxic Substances
an increased risk of late }between the the University of Lh erpool (United Hydrology Program survey of Midwest
12t an wee s of pregnancy) Kingdom) showed that Roundup ex- streams in 2002, glyphosate was found
miscarriages. (See Figure 4.) The study posure inhibited the growth and de- in over a third of the samples col-
vvas con acted by researchers from velopment of nerve cells.31 lected. The primary breakdown prod-
Health Canada and Carleton University Soil Persistence uct of glyphosate was found in over
(Canada).25 two-thirds of the samples. The study
Glyphosate-containing herbicides Glyphosate's persistence in soR var- also showed that glyphosate contami-
have also caused pregnancy problems ies widely. According to data rant- nated water from spring through fall
in laboratory tests. In a 2003 study pfled by the USDA's Agricultural Re- and described glyphosate in samples
conducted by scientists from two Bra- search Service, jglyphosate's half-lafe taken at harvest time as "unexpected"34
zilian universities, a Roundup herbi- varies from 2 to 1 • ys: (The half- because researchers had °presumed
cide fed to pregnant rats during the life is the amount of time required for that glyphosate would degrade by this
middle pan of their pregnancy caused half of the applied glyphosate to break late in the growing season."34
an increase in the number of offspring down or move away from the treat- USGS has also found glyphosate
with abnormal skeletons. The increase ment area.) contamination in a study of urban
in abnormalities was significant at all streams in ng Cotm Washington.
dose levels tested in this experiment1e Contamination of Water Glyphosa Ki nd in all six streams
Effects on Hormones Glyphosate is not included among that were tested in this study.35
the pesticides being studied by the Drift
Hormones are chemical messengers U.S. Gei>logical Survey's (USGS's) Na-
that regulate all biological processes, tional Water-Quality Assessment Pro- Drift incidents involving glyphasate
including the reproductive system.z7 gratn,i3 so there are no comprehen- are common. In 1999, the American
Scientists at Texas Tech University sive national statistics about contami- Association of Pesticide Control Offi-
studied the effect of a glyphosate- nation of rivers and streams by cials surveyed state pesticide regulatory
containing herbicide on hormone pro-
duction. They looked at hormone pro-
duction by Leydig cells, located in the Figure 4 Figure 5
testes, because these cells "play a Ability to Cause Miscarriages Ability to Disrupt Sex
crucial role in male reproductive Hormone Production
function." The scientists showed that
exposure to a Roundup herbicide 3 500
reduced sex hormone production in Note: Line on
t ese ce s y 94 percen[.2A <See and 0 95above bar is ° 400
Figure 5.) 43 confidence E
Association with Attention o 2 Interval. E 300
Deficit Disorder R a
Exposure of parents to glyphasate
has been linked with an ' -increased in- 200 i +
efdence of attention deficit diso ern o 1
children A 2002 study conducted by 700
researchers at the University of Min-
nesora found "a tentative association
between ADD/ADHD [attention defi- 0 9 mid=
cit disorder] and use of this herbicide"s' Unexposed Exposed Unexposed Exposed
by Minnesota farm families 29
The results of two laboratory stud- Source:
mil' ' Arbuckle, T.E., LLin, and L.S. Mary. Source:
ies are consistent with the results of 2001. An exploratory analysis of the effect Walsh. L.P. 2000. Roundup Inhibits
the University of Minnesota study in of pesticide exposure on the risk of steroldogenesis by disrupting
that they. show glyphosate and spontaneous abortion in an Ontario farm steroldogenic acute regulatory (St4R)
population. Environ Health Parsp. protein expression. ErMron. Health
glyphosate herbicides _cat!.ste brain and 109:851-657.. Persp. 108:769-776.
nerve damage. One study, conducted
at the Univenidad Naclonal de San Exposure to glyphosate herbicides is-linked with an increase in the risk of miscarriage. In
Luis (Argentina) showed that feeding addition, a glyphosate herbicide reduced sex hormone production in a laboratory test.
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDES/NCAP
P.O.BOX1393.EUGENE.OREGON97440/(541)344-6044/www.poslicide.org 13
Submitted by Julie Norman
Page 5
JOURNAL OF PESTICIDE REFORMI WINTER 2004 • VOL. 24, NOA
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tributed to exposure to glyphosate, alone or in ncepeon,. and sex of children bom to pest tGenetoxicity of select herbicides In Rana
combination. Unpublished database pMtouL tide applicaors living in the Red River Valley of cefesbeiana tadpoles wing the alkaline single-
Nov. 15. Minnesota, USA. Environ. Health Persp. tail gel DNA electrophoresis (comet) assay.
(10) Amato, P. at al. 2000. kin toil from gly- 110(Suppl. 3):441449. 048-- Envron. Mole. Mutagen. 29:277-288.45
~l phosats-sunactant formulation. micol. 42: 30. Darulch, J.. F. Lrulnik, and M.S. GimeneL 2000- Lalmanovich, R.C., M.T. Sandoval, and P.M.
317319. Effect of the herbicide glyphosate on enzymatic Peltzer. 2003. Induction of mortality and mallor-
11. National Library of Medicine. 2003. MED- activity In pregnant rats and their fetuses. motion In Scinax nasicus tadpoles exposed to
LINEPIus health Information. Merriam-Webster Environ. Res. A 65226-231, glyphosate formulations. Bid/. Environ. Concert.
medical dictionary. www.nim.nih.90v/ 31. Axelrad, J.C., C.V. Howard, and W.G. McLean. Toxicul. 70:612-61546
medlineduslmplwdlctiorary.htM. 2003. The effects of acute pesticide exposure 49. Nova, C.M. at al. 2004. Toxicity of glyphosate-
' 12. Bolognesd, C. at al. 1997. Genotoxic activity of on neumblastama cells chronically exposed to based pesticides to bur North American frog
glyphosate and Its technical formulation dazinon. Toxical. 185:67-78. species. Errvlrom Toxkol. Chem 23:1928-1938.
Roundup. J. Agic. Food Chem. 45:1957-1962 32. U.S. Dept. of Agricuhure. Agricultural Research 50. Hartford, K.G. and M.R. Fernandez. 2003. In-
13. Peluso- M. at al. 19911 RP-postiabeMg deter Sandi 1999. Pesticide properties database. vitro growth of fuselum head blight as affected
Iron of DNA adducts in mice treated with the Query for glyphosate. htpYlwww.arswdagcv/ by glyphosate-based herbicides. Can. J. Plant
herbicide Roundup Environ. Md. Muted. 31:55 awVeerviceslppdW. Pathrl. 25:120.
59. 33. U.S. Geological Survey. National water- 51. Sanogo, S., X.B. Yang, and H. Schem. 2000.
14. Liol, M.B. at al. 1998. Genotoxicity and oxida- Quality Assessment (NAWOA) Program. Effects of herbicides on Fularfum sdani I. sp.
hive sbeas Induced by pesticide exposure in bo- 2003. USGS NAWQA constituents - pestl idea. gtycines and development of sudden death syrl-
vine lymphocyte cultures In vitro. Mut Res. http://water.usgs.gov/nawga/constituents/ drome in glyphosate-tolerant soybean.
403:13-20. peatickhri.hhnl. Phympathabgy 90:57-66.
15. Lbl, M.B. at at. 1998. Cytogenedc damage and 34. Scribner, E.A. at al. 2003. Reconnaissance S2 Dissenayeke, N., J.W. Hoy, and J.L Griffin.
induction of pro-oxidanl slate in human lympho- data for glyphosate, other selected herbicides, 1998. Herbicide effects on sugarcane growth,
tyres exposed in vitro to gliphosate, vingozoAn, their degradation products, and i mbbic fics In Pythlum root rot, and Py hium a omane4
alrezine. and DPX-E9636. Em ron. Md. Mufag. 51 streams in nine Midwestern stem 2002- Pnytho535.
de
92x9-46. U.S. Geological Survey Toxic Rebalances Hy- 53. Nelson. K.A.A., K.A.A. Renner, and 18. Looked, A. at el. 2004. Synergistic DNA tlam- drology Program.
Open-File Report 03-21777. . Hammenuhmldl. 2002. Cultivar and herbicide
de
age by oxidative stress [induced by Hi htpY/ks.water.usgs.gov/Kweas/pubs/reports/ selection affects soybean development and the
congenotuxic environmental chemiicals in human o/r.03.217.hunl. Incidence of Sclerolina stem rot Agron. J.
fibroblasts. Toxiciy Lenora 147:35-43. 135. )Frans• LM 2004. Pesticides detected In urban 94:1270-1281.
17. National Institute for Occupational Safety and \..lovertrain Kmg County, Washington, 1999-2003: 54. Weed Science Society of America. Undated.
Health. 2004. Registry of Toxic Effects of U.S. Geological Survey Scientific Investigations Official WSSA definitions of 'herbicide
Chemical Substances: Glycine, N- Report 200x-5194. httpx/pubs.water-usga.gov/ resistance' and 'herbicide tolerance-'
(phoaphonomethyl) hlpd/www.cdc.guvmloslV yr2004-5194. www.weedsciencearg.
rlees/mc106738.1hImi. 36. Association of American Pesticide Canbd Officials. 55, Ref. A 6, p.207.
18. WfluXie, H.H. of al. 2001. Non-Hodgkin's lym. 1999. 1999 Pesticide drift enforcement survey. Q(9: Herbicide Resistance Action Committee. the
phoma and specific pesticide exposures In men: httpJ/aapw.cerls.purdue.edurdoc/sumeya/ North American Herbicide Resistance Action
Cross-Canada study of pesticides aid health. cUlIM-nmil. Committee and the Weed Science Society of
Cancer Epidemlol. Siomarkers Plea 10:1755- 37. orlsanto Company. 2003. Roundup Pro Hebl- America. 2003. International survey of herbicide
X1163. etle specimen label. www.odms.net. resistant weeds. Query for glyphosate.
(I ardell, L., M. Ericsson, and M. Nordstr6m. 38. Blackburn L.G. and C. Bourn. 20D3. Subtle at- wiew.we lloclence.org.
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDES/NCAP
P.O. BOX 1393, EUGENE, OREGON 974401(541)344-5044/www.pestitide.org -
(
Submitted by Julie Norman
Page 7
1 J/ :$E3HtHit:ttt~tutgnacror~.w_
don-H02)Dn Lymphoma Lmked to HMAcides to Two Now WIN
Other occupations were also linked. Technical salesmen, manufacturers' agents and construction workers had . A
elevated risk for both the high and low malignancy groups. Low malignancy NHL was more common among
blacksmiths, toolmakers, and machine tool operators. -
Other occupational agents associated with both high and low malignancy NHL included diesel fuel, Kdrates, organic
dusts, chlorophenols and arsenic compounds. Potential exposure to arsenic compounds was largely linked to
horticultural and tree nursery workers. The published study did not explain how these workers would have been
exposed to arsenic, but arsenic has been used as a wood preservative and pesticide in Sweden.'
SOURCES
Eriksson, M. et al. 2008.
Pesticide exposure as risk factor for non-Hodgkin lymphoma including histopathological subgroup
analysis.
International Journal of Cancer 123:1657-1663
di.n4e~~
Richardson, D.B., Terschuren, C., and W. Hoffmann. 2008.
Occupational risk factors for non=Hodgkiri s lymphoma: a population-based case-control study in
Northern Germany.
American Journal of Industrial Medicine 51:258-268.
Abstract
" Navas-Acl6n, A at al. 2002. Occupation, exposure to chemicals and risk of gibmas and meninglomas in Sweden. American
Journal oflndustrtal Medcfne 42(3):214-227.
( ) Homo About NCAP Join NCAP - Nova Journal Programs Publications
l Northwest Coalition for Altematives to Pesticides
PO Bar 1393, Eugene OR 97440-1393 a PR 541344-5944 s Fax 541-344-5923: Intoopeaticide.org
2 of 2 Submitted by Julie Norman 11/26/2008 3:01 PM
Page 9
Growing Trends
Chapter 6: new mechanical and cultural means to
All-Organic ®r't solve pest, weed and disease problems
would be successful. Through the
of Seattle success of the program over time, how-
ever, the group has come to fully support
the organic approach. The crew now
Since 1998, the waterfront properties, regularly attends the annual Green
parks, bike trails, greenbelts and habitat Gardening seminar, which offers alterna-
restoration sites that make up the Pori of tives to pesticides for professional land-
Seattle have all been maintained using scapers, as well as courses offered
organic methods. This might seem through the University of Washington's
surprising because seaports are generally ProHort program.
highly toxic, chemical-laden areas,
reeking of oil and the exhaust of com- The Big Switch
mercial spaces. Craig Chatburn, head of
the landscape department at the Port, To implement the organic approach,
has simply adopted a different philoso- Craig put together a plan based on
phy that looks at landscapes as opportu- information obtained from Seattle Tilth
nities to benefit and the Soil Food Web on alternatives to
the public and pesticides and then began to educate his
the environment. crew. They took things slowly and tried
"We d0 not miss using This requires that the new practices on smaller park areas
1 pesticides, and none of our other factors be to prove that there was no noticeable
- landscapers would go back taken into con- change in the quality of appearance of
to using them." sideradon along the landscapes and no added cost. After
j with traditional this test period, they made the commit-
-Craig Chatburn landscape aesthet- ment to eliminate all toxic pesticides and
Head of Landscape Department its, such as
Port of Seattle synthetic fertilizers in the 70-plus acres
increasing water that they maintain, using only least-toxic
conservation and pesticides such as insecticidal soap.
wildlife habitat,
! and eliminating the use of toxic pesti- The Way R Works
tides and synthetic fertilizers.
The landscapers at the Pon have become
i The Hard Sell more knowledgeable in identifying pest
or disease problems and in using this
When Craig made the decision to switch information to indicate the changes that
from a chemically dependent program at can be made to avoid the problem in the
the Port to an all-organic one, he was future. This also means that new
met with some resistance and doubt plantings are done with drought tolerant,
from his staff. His team of landscapers disease-resistant exotic species and native
had spent their careers depending on plants, with the goal of Craig and his
chemicals to solve their problems. Many staff being that ultimately all plantings
of the experienced members of the will be made up of at least 70% native
landscape crow were skeptical that the plants. The Port crew suppresses weeds
Submitted by Julie No"26
Page 11
Lsniam, u.K rimnngu a use or resuraues m ue wry - ur=u rummy wp~iwww.gxupuu~y.~iwcxpupruuc-nainauu-iocu,_vic aruau...
Ashland, OR Limiting the Use of Pesticides in the
City
From Green Policy
Type: Municipal Code
Status: Adopted via Ordinance #2790 in 1996
Source File: httpJ/www.ashland.or.us/CodePrint.asp?Branch=True&CodeID=2469
Text:
9.28 Pesticide Policy
9.28.010 Policy Adoption
The pesticide policy set forth in this chapter is adopted for all departments and divisions of the City of
Ashland. This policy does not apply to the Ashland Parks and Recreation Department which is
administered by the Ashland Parks and Recreation Commission. 'Ilse Ashland Parks and Recreation
Department has a similar policy in place.
9.28.020 Purpose
This policy is designed to reduce the risk of illness or injury resulting from city employee and citizen
exposure to pesticides used in the course of performing city operations and also from the accidental
exposure of employees and other persons to such pesticides. The policy requires city workplace
practices designed to reduce or eliminate the use of and exposure to, pesticides.
9.28.030 Use of Pesticides
Use of pesticides, including but not limited to herbicides, insecticides and growth retardants, shall be
eliminated by the city except as provided in this chapter.
A- Mechanical and cultural methods shall be utilized whenever practical for control of noxious
vegetation and pests. Practicality shall be determined by an Oregon Certified Pesticide Applicator and
the respective department head or the department head's designee. Worker safety and terrain shall be
among the factors considered in this judgement.
B. When mechanical and cultural methods are not practical, only the safest, lowest toxicity products
available shall be used. No "restricted use" pesticides shall be used.
C. Primarily, species which do not require high inputs of herbicide shall be used in landscaping.
D. City staff shall monitor noxious vegetation and pest populations and rely on biological control when
appropriate and effective.
9.28.040 Application of Pesticides
All pesticides shall be applied by, or under the supervision of, an Oregon Certified Pesticide Applicator.
The certified applicator shall be responsible for overseeing and authorizing all pesticide use by city staff.
1 of 3 submitted by Julie Norman 2/11/2009 11:26 PM
Page 13
.4ojAnb Ok, larmung= use o[ remcmes m= my-trmu ruucy uuprrwww.Srecu~rcruq.uvuicayu~rruuc-nsinauaioc~ vic .,...u...
G
All pesticides shall be stored in a safe, secure environment. The purchasing agent, certified applicators
and department heads shall have exclusive access to the storage area.
9.28.080 Annual Review
An annual review of policies and procedures regarding the use and application of pesticides shall be
conducted at the department head level. Attendance at the review is mandatory for all city personnel
who apply pesticides.
9.28.090 Violation of Policy
Violation of any of any portion of this policy shall be grounds for disciplinary action.
r
3 of 3 Submitted by Julie Norman 2/11/200911:26 PM
Page 15
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
CREATING A NEW CHAPTER 18.63 WATER RESOURCE PROTECTION ZONES.
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 Firefighters, Local 1660, Beaverton Shoo 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-
referenced recommended amendments to the Ashland Municipal Code at a duly
advertised public hearing on November 6, 2008 and following deliberations
recommended approval of the amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 21, 2009; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. A new Chapter 18.63 of the Ashland Municipal Code [WATER
RESOURCES PROTECTION ZONES] set forth in full codified form on the attached
Exhibit A and made a part hereof by this reference, is hereby added to the Ashland
Municipal Code.
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.
An Ordinance Adding a new Chapter AMC 18.63 Page 1
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word 'ordinance' may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1-
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 12009,
and duly PASSED and ADOPTED this day of 12009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this - day of , 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
An Ordinance Adding a new Chapter AMC 18.63 Page 2
Exhibit A.
Chapter 18.63
WATER RESOURCE PROTECTION ZONES
SECTIONS:
18.63.010 Purpose and Intent
18.63.020 Where Regulations Apply
18.63.030 Definitions
18.63.040 Inventory of Ashland's Water Resources
18.63.050 Establishment of Water Resource Protection Zones
18.63.060 Exempt Activities and Uses within Water Resource Protection Zones
18.63.070 Limited Activities and Uses within Water Resource Protection Zones
18.63.080 Water Resource Protection Zones Reductions
18.63.090 Hardship Variances
18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within
Water Resource Protection Zones
18.63.110 Approval Process
18.63.120 Mitigation Requirements
18.63.130 Map Errors and Adjustments
18.63.010 Purpose and Intent
The purpose and intent of this Chapter are:
A. To implement state and federal law with respect to the protection of clean water, pollution
control and preservation of endangered species.
B. To protect Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and
restoring the hydrologic, ecologic and land conservation functions these areas provide for the
community.
C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering
and separation of those land uses and activities that lead to or may create impacts on water
quality, as well as to reduce the risk to people and property resulting from the inappropriate
management of wetland and riparian areas.
D. To implement the goals and policies of the Environmental Resources chapter of Ashland's
Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding.
E. To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties
adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife
habitat and provide opportunities for trail connections.
AMC Chapter 18.63 Water Resource Protection Zones Page 1
G. To protect water associated with Ashland's hydrology for human uses, fish and wildlife and
their habitats.
H. To control erosion and limit sedimentation.
1. To protect the amenity values and educational opportunities of Ashland's wetlands, water bodies
and associated riparian areas as community assets.
J. To improve public appreciation and understanding of wetlands and riparian areas for their
unique ecosystem structures and functions and for the human-nature interactions they provide.
K. To improve and promote coordination among local, state, and federal agencies regarding
development activities near Ashland's wetlands, water bodies and associated riparian areas.
L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when
offset by appropriate mitigation, as stipulated in the ordinance and other applicable state and
federal requirements.
18.63.020 Where Regulations Apply
A. The provisions of this Chapter apply to all lands containing Water Resources and Water
Resource Protection Zones. Water Resources and Water Resource Protection Zones are defined,
established and protected in this Chapter.
B. State and federal wetland and riparian regulations will continue to apply within the City of
Ashland, regardless of whether or not these areas are mapped on Ashland's Water Resources
Map. Nothing in this Chapter shall be interpreted as superseding or nullifying state or federal
requirements. Additionally, the City of Ashland shall provide notification to the Oregon Department
of State Lands (DSL), as required by Division 23 of Oregon Administrative Rules, for all
applications concerning development permits or other land use decisions affecting wetlands on
the inventory.
C. The burden is on the property owner to demonstrate that the requirements of this Chapter are
met or are not applicable to development activity or other proposed use or alteration of land. The
Staff Advisor may make a determination based on the Water Resources Map, field check, and any
other relevant maps, site plans and information that a Water Resource or Water Resource
Protection Zone is not located on a particular site or is not impacted by proposed development,
activities or uses. In cases where the location of the Water Resource or Water Resource
Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation
prepared by a natural resource professional, or a sworn statement from a natural resource
professional that no Water Resources or Water Resource Protection Zones exist on the site.
D. All Water Resource Protection Zones shall be protected from alteration and development,
except as specifically provided in this Chapter. No person or entity shall alter or allow to be
altered any real property designated as a Water Resource Protection Zone, except as set forth in
an exemption, planning action or permit authorized in this Chapter. No person or entity shall use
AMC Chapter 18.63 Water Resource Protection Zones Page 2
or allow to be used, property designated as a Water Resource Protection Zone, except as set forth
in an exemption, planning action or permit authorized in this Chapter.
E. Where this Chapter and any other ordinance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will
be some overlap between the regulations in this Chapter and those in Chapter 18.62 Physical and
Environmental Constraints, which regulates development in physical constrained areas including
floodplains. Where two (2) regulations are in conflict, the most stringent shall govern.
18.63.030 Definitions
Alter or Alteration - means any human-induced physical change to the existing condition of land
or improvements thereon including but not limited to clearing, grubbing, draining, removal of
vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of
structures or impervious surfaces or other construction. "Permit to be altered" means allowing or
failing to prevent the alteration.
Approval Authority - the Staff Advisor, Planning Commission or its Hearings Board, Hearings
Officer, or City Council as determined by the applicable procedural requirements.
Bank Full Stage - means the two (2) year recurrence interval flood elevation.
Centerline of Stream - an imaginary line that is in the midpoint of the stream channel. In cases
where a stream has multiple or braided channels, the centerline of stream is the midpoint between
the outermost or upland sides of the stream channels (Figure 1).
Wnley E /
n / y
/
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Figure 1: Centerline of Stream
Clearing - means the removal, redistribution or disturbance of vegetation, soil or substrate that
may include trees, brush, grass, ground cover, or other vegetative matter from a site.
Drainage Ditch or Channels" include:
1. Roadside ditches that carry only storm water runoff from the adjacent road and the
immediate surrounding area. (Drainage ditches do not include historically altered
streams or channels that convey surface water flows. These features are still classified
as streams for the purpose of this ordinance.)
2. Constructed channels designed as part of the storm water infrastructure and drain
directly from storm water facilities or storm pipe systems.
AMC Chapter 18.63 Water Resource Protection Zones Page 3
Enhancement - means actions performed to improve the condition or functions and values of a
Water Resource and its associated Protection Zone. Enhancement actions include but are not
limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally
compatible erosion controls, and removing invasive plant species.
Fill Material - means a deposit of earth or other natural or manmade material placed by artificial
means.
Filling - means the act of placing fill material in any amount, including the temporary stockpiling of
fill material.
Fish Bearing or Fish Habitat - means inhabited at any time of the year by anadromous or game
fish species or fish that are listed as threatened or endangered species under the state or federal
endangered species acts. Fish use is determined from Oregon Department of Forestry Stream
Classification, Oregon Department of Fish and Wildlife and Oregon Department of State Lands
maps for salmonid fish distribution.
Hand-Held Equipment or Machinery - means equipment or machinery held in and operated by
hand. Hand-held equipment or machinery includes but is not limited to manual tools, weed eaters,
chainsaws, and equipment or machinery with wheels and a weight of one-hundred (100) pounds
or less such as push lawn mowers and brush mowers. For the purposes of this ordinance,
equipment or machinery with wheels and a weight in excess of one-hundred (100) pounds is not
considered hand-held equipment or machinery.
Impervious Surface - means surface materials which prevent the normal infiltration of storm
water into the ground.
Lawn - means grass or similar materials maintained as a ground cover of less than six (6) inches
in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of
the species used.
Local Native Plant Species - means those plant species appropriate to planting in or adjacent to
a Water Resource that are native species indigenous to the Rogue River Basin. Local native plant
species are adapted to the elevation, weather, soils and hydrology of the area; will support the
desired structures, functions, and values of the water resource; and once established require
significantly less maintenance than non-native species. The City of Ashland Planning Division
maintains a list of recognized site-appropriate local native plant species for both wetland and
stream bank water resource applications, along with a list of known local suppliers. Plants may be
added to or removed from the Local Native Plant List if reviewed and approved by the Staff
Advisor and the City Horticulturist.
Mitigation - means taking one (1) or more of the following actions listed in order of priority:
1. Avoiding the impact altogether by not taking a certain development action or parts of that
action.
AMC Chapter 18.63 Water Resource Protection Zones Page 4
2. Minimizing impacts by limiting the degree or magnitude of the development action and its
implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development action by monitoring and taking appropriate corrective
measures.
5. Compensating for the impact by replacing or providing comparable substitute resources or
environments.
Mitigation Plan - means a plan that outlines the activities that will be undertaken to alleviate
project impacts to sensitive areas.
i
Natural Resources Professional - a "natural resources professional" includes individuals who
have a Bachelors degree, or the equivalent or greater, in the field of natural resources, biology,
ecology, or related fields, and at least four (4) years of relevant post graduate experience.
Non-native Species - means a plant species which is not indigenous to the local area.
Noxious and Invasive Vegetation - means plant species which are recognized as having a
significant potential to disrupt the functions and values of local Water Resource ecosystems. The
City of Ashland Planning Division maintains a list of recognized noxious and invasive plants.
Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the
Staff Advisor and the City Horticulturist.
Power-assisted Equipment or Machinery - means equipment or machinery other than hand-
held equipment or machinery. For the purposes of this ordinance, equipment or machinery with
wheels and a weight in excess of one-hundred (100) pounds is considered power-assisted
equipment or machinery.
Principal Building - a building in which the principal use of the zoning district in which it is
located is conducted.
Restoration - means efforts performed to re-establish the functional values and characteristics of
a critical area that have been destroyed or degraded by past alterations such as filling, grading or
draining.
Riparian Area - means the area adjacent to a stream, consisting of the area of transition from an
aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream.
Riparian Buffer - an area located adjacent to the stream and including the riparian area that is
preserved for the purpose of protecting the functions and values of the stream and the riparian
area by serving to reduce the adverse effects of adjacent land uses.
Riparian Corridor -'Riparian Corridor' is a Goal 5 resource that includes the water areas, fish
habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian
Corridor is a type of Stream Bank Protection Zone.
AMC Chapter 18.63 Water Resource Protection Zones Page 5
Stream - a stream means a channel such as a creek that carries flowing surface water, including
perennial, intermittent and ephemeral streams with defined channels, and excluding man-made
irrigation and drainage channels. Drainage channels do not include historically altered streams or
channels that convey surface water flows. A stream is a type of Water Resource.
Stream, Ephemeral - an ephemeral stream generally flows only during and following a rain event.
Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of
water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection
Zone.
Stream, Intermittent - an intermittent stream generally flows only during part of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not have
flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent
and Ephemeral Streams is a type of Stream Bank Protection Zone.
Stream, Perennial - a perennial stream has flowing water year-round during a typical year.
Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental
source of water for stream flow.
Stream, Local - Local Streams is a type of Stream Bank Protection Zone.
Stream Bank Protection Zone - an area subject to the provisions of this Chapter which includes
a stream and an associated riparian buffer of varying width, as established herein, located
adjacent to the stream, and in which certain human activities are regulated in order to protect the
structures and functions of the stream. A Stream Bank Protection Zone is a type of Water
Resource Protection Zone. There are three (3) types of Stream Bank Protection Zones defined,
established and protected in this Chapter - Riparian Corridor, Local Streams and Intermittent and
Ephemeral Streams.
Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a
standard distance upland from the top of bank or from the center line of the stream as required in
section 18.63.050.
Stream Corridor Functions - include providing shade for the stream, stream bank and channel
stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the
stream, water filtration, aquatic and riparian fish and wildlife habitat.
Top of Bank - means the elevation at which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a clear, natural line impressed on the shore, a change from bare soil to upland
vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big
leaf maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional
sediment or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and
gravel to upland soils), absence of fine debris (e.g. needles, leaves, cones and seeds), and the
presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure
2). In the absence of physical evidence or where the top of each bank is not clearly defined, the
two (2) year recurrence interval flood elevation may be used to approximate the top of bank.
AMC Chapter 18.63 Water Resource Protection Zones Page 6
C
Upland
Veyetation Riparian
Clear natural vegetation
line impressed
VII I
. , y, 11{tt~r"., on shore
g^t2j R.y f"
Upland Soil Bare
Soil
Upland
v~
Soil
-dam •od
CObb~~ y. Textural Change
in Soil
Figure 2: Top of Bank
Upland - land not characterized by the presence of riparian area, water bodies or wetlands.
Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland,
as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource.
Water Resources Map - the adopted City of Ashland map which identifies the approximate
locations of Water Resources in Ashland including officially recognized streams and wetlands
identified on Ashland's Local Wetland Inventory.
Water Resource Protection Zone - an area subject to the provisions of this Chapter which
includes a Water Resource and an associated buffer of varying width, as established herein,
located adjacent to the Water Resource and in which certain human activities are regulated in
order to protect the structures, functions and values of the resource. Water Resource Protection
Zone is a category including Stream Bank Protection Zones and Wetland Protection Zones, and is
used throughout this chapter to refer to Stream Bank Protection Zones and Wetland Protection
Zones.
Wetlands - means those areas that are inundated or saturated by surface or ground water at a
frequency or duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type
of Water Resource.
Wetlands, Locally Significant - means those wetlands identified on the Water Resources Map
and determined "significant wetlands" using the criteria adopted the Oregon Department of State
Lands (DSL). Locally Significant Wetlands is a type of Wetland Protection Zone.
AMC Chapter 18.63 Water Resource Protection Zones Page 7
Wetlands, Possible - means an area that appears to meet wetland criteria but is too small (less
than a half (1/2) acre according to Oregon Department of State Lands (DSL) rules) to require its
inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in the
Possible Wetland designation. However, there may be additional existing areas that meet the
DSL wetland criteria, but are not included on the Water Resources Map. Possible Wetlands is a
type of Wetland Protection Zone.
Wetland Boundary - means a line marked on a map or flagged in the field that identifies the
approximate wetland/non-wetland boundary.
Wetland Buffer - means an area extending away from the outer delineated wetland boundary or
upland edge that is preserved for the purpose of protecting the functions and values of the wetland
by serving to reduce the adverse effects of adjacent land uses.
Wetland Delineation - means a determination of wetland presence that includes marking the
wetland boundaries on the ground and/or on a detailed map prepared by professional land survey
or similar accurate methods.
Wetland Functions - include wildlife habitat, fish habitat, water quality and hydrological control.
Wetland Protection Zone - an area subject to the provisions of this Chapter that includes all
wetlands determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional
wetland presence, and an associated buffer area of varying width, as established herein, located
adjacent to the wetland, and in which certain human activities are regulated in order to protect the
structures and functions of the wetland. A Wetland Protection Zone is a type of Water Resource
Protection Zone. There are two (2) types of Wetland Protection Zones defined, established and
protected in this Chapter - Locally Significant Wetlands and Possible Wetlands.
Wetland Protection Zone Boundary - an imaginary line that is measured horizontally at a
standard distance upland from the delineated wetland boundary as required in section 18.63.050.
Wetland Specialist - means an individual who has the appropriate credentials verifying proven
expertise and vocational experience conducting wetland delineations.
18.63.040 Inventory of Ashland's Water Resources
The approximate locations of Ashland's Water Resources are identified on official maps adopted
by the City of Ashland and added to the Comprehensive Plan through ordinance 2419 (May 1987),
ordinance 2528 (July 1989) and ordinance (May 2009). Because the Comprehensive
Plan maps are acknowledged to be approximate, the more precise wetland boundaries can be
mapped, staked and used for development review purposes without a modification of the
Comprehensive Plan maps.
18.63.050 Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water
Resources to protect their integrity, function and value. The boundaries of the following Water
Resource Protection Zones shall be established by an on-site survey based upon the following
standards.
AMC Chapter 18.63 Water Resource Protection Zones Page 8
A. Stream Bank Protection Zones. The following types of Water Resource Protection Zones are
hereby established to protect streams and their associated riparian resources. The approximate
locations of streams are identified on the Water Resources Map.
1. Riparian Corridor- For streams classified as Riparian Corridor fish-bearing streams with
an annual average stream flow less than one-thousand (1,000) cubic feet per second and on
the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands within fifty (50) feet upland from the top of bank (Figure
3).
riparian buffer riparian buffer
So feet SO feet
Top of
/Bank`
i i
Stream Bank Protection Zone
Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams
2. Local Streams - For streams classified as non-fish-bearing Local Streams and on the
Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands forty (40) feet from the centerline of the stream (Figure
4).
riparian buffer
40 feet 40 feet
Centerline
Stream Bank Protection Zone
Figure4: Stream Bank Protection Zone for Local Streams
AMC Chapter 18.63 Water Resource Protection Zones Page 9
3. Intermittent and Ephemeral Streams - For streams classified as Intermittent and
Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall
include the stream, plus a riparian buffer consisting of all lands within thirty (30) feet from the
centerline of the stream (Figure 5).
riparian buffer
(-30 feet 30 feet
i
i
Centerline
Stream Bank Protection Zone
Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams
4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part
of a significant wetland as identified on official maps adopted by the City of Ashland, the
distance to the Stream Bank Protection Zone boundary shall be measured from, and include,
the upland edge of the wetland.
5. Determination of Protection Zone - The measurement of the Stream Bank Protection
Zones shall be a horizontal distance from the top of bank or from the center line of the stream
as specified above. For streams that were piped or culverted prior to the effective date of this
Chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or
the width of any existing easement (e.g. drainageway easement), whichever is greater.
B. Wetland Protection Zones. The following types of Water Resource Protection Zones are
hereby established to protect wetland resources. The approximate locations of Locally Significant
Wetlands and Wetlands are identified on the Water Resources Map. The precise boundary of a
wetland and wetland buffer shall be established through conducting an on-site wetland delineation
and survey based upon the following standards.
1. Locally Significant Wetlands - For wetlands classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands
within fifty (50) feet of the upland-wetland edge (Figure 6). A wetland delineation prepared by
a qualified wetland specialist shall be submitted to the City of Ashland that graphically
represents the location of wetlands on a site plan map in accordance with section
18,63.110.A.3. An average buffer width of fifty (50) feet may be utilized around the perimeter
AMC Chapter 18.63 Water Resource Protection Zones Page 10
of a significant wetland upon submission of evidence and a detailed plan by a natural
resources professional demonstrating that equal or better protection of the functions and
values of the resource will be ensured, and that there will be an enhanced buffer treatment
through the implementation and maintenance of a restoration and enhancement plan within
the buffer area.
~e~`add Protect/on
2OO
la e
J~
a
`c
Wetland
Figure 6: Wetland Protection Zone for Locally Significant Wetlands
2. Possible Wetlands - For wetlands not classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus all lands within twenty (20) feet of the
upland-wetland edge (Figure 7). Possible Wetlands includes all areas designated as such on
the Water Resources Map and any unmapped wetlands discovered on site. A wetland
delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland
that graphically represents the location of wetlands on a site plan map in accordance with
section 18.63.110.A.3. An average buffer width of twenty (20) feet may be utilized around the
perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural
resources professional demonstrating that equal or better protection of the functions and
values of the resource will be ensured.
~e'%"d Pro 11011
° r0%
b~
J~
D
4
3
Figure 7: Wetland Protection Zone for Possible Wetlands
3. Determination of Protection Zone - The measurement of the Wetland Protection Zone
shall be a horizontal distance from the upland-wetland edge as specified above.
AMC Chapter 18.63 Water Resource Protection Zones Page 11
18.63.060 Exempt Activities and Uses within Water Resource Protection Zones
A. Exempt Activities Within Stream Bank Protection Zones. The following activities and uses
do not require a permit or authorization under this Chapter to be conducted in a Stream Bank
Protection Zone, provided the restoration requirements included in sections 18.63.120.B.1.a and b
are met. All applicable local, state and federal permits shall be obtained prior to commencement
of exempt activities and uses. Exempt activities and uses may qualify as development as defined
in section 18.62.030.E and may require a permit for development in Floodplain Corridor Lands
Chapter 18.62.
1. Landscaping and Tree Maintenance - The limitations imposed by this Chapter do not
include the routine maintenance of existing vegetation within a Stream Bank Protection Zone,
provided that the following requirements are met.
a. Lawn. Existing lawn within the riparian buffer may be maintained, but not expanded
within the Stream Bank Protection Zone.
b. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum
and shall be in accordance with the Tree Preservation and Protection Chapter 18.61.
Under no circumstances shall the maintenance pruning be so severe that it
compromises the tree's health, longevity, or resource functions (i.e. shade, soil
stability, erosion control, etc.)
c. Fire Hazard Prevention with Hand-held Equipment - Cutting or thinning of
vegetation with hand-held equipment or machinery, consistent with City standards for
Wildfire Lands described in the Physical and Environmental Constraints Chapter
18.62, provided that the cutting/thinning is the minimum necessary to alleviate the
potential fire hazard.
d. Non-native, Noxious and Invasive Vegetation Removal with Hand-held
Equipment - Removal of non-native vegetation, and noxious and invasive vegetation
listed on the City of Ashland's Prohibited Plant List with hand-held equipment or
machinery. The act of removing non-native, noxious and invasive vegetation shall not
result in the removal of native vegetation.
e. Hazardous Tree Removal - Removal with hand-held equipment of a hazardous
tree. A hazardous tree is a tree that is physically damaged to the degree that it is
likely to fall and injure persons or property. A permit for Hazardous Tree Removal
shall be processed under the procedures and approval criteria described in the Tree
Preservation and Protection Chapter 18.61.
f. In-channel Vegetation Removal - Removal of emergent in-channel vegetation that
is likely to cause flooding using non-invasive methods such as mowing or weed-
whacking that do not disturb the underlying substrate. Mechanized removal of
emergent in-channel vegetation that would involve associated removal of soil below
AMC Chapter 18.63 Water Resource Protection Zones Page 12
the ordinary high water line is not permitted and would otherwise be subject to state
and federal wetland permitting requirements.
2. Routine Planting with Hand-held Equipment - The planting of local native plant species
or the replacement of non-native plants with local native plant species with hand-held
equipment or machinery.
3. Herbicide Use. Application of chemical control for removal of noxious or invasive
vegetation listed on the City of Ashland's Prohibited Plant List and in support of stream
channel, riparian and wetland restoration and enhancement activities provided any chemicals
used are applied in conformance with the product label and approved for such use by state
and federal agencies. Alternative methods of removal such as mowing and hand removal are
strongly recommended.
4. Testing - Site investigative work with minimal surface area disturbance conducted by or
required by a city, county, state, or federal agency such as surveys, percolation tests, soil
borings or other similar tests.
5. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters may be installed in the half of the riparian buffer furthest away from the
stream (Figures 8, 9 and 10). Solid wood fencing is prohibited in the Stream Bank Protection
Zone. Fencing in a designated floodplain shall conform to the requirements of section
18.62.070.K.
6. Outdoor Uses -The establishment of outdoor uses such as yards and gardens where
the outdoor use area meets all of the following.
a. Area. The total outdoor use area in the Stream Bank Protection Zone, including
existing and new outdoor use areas in the Stream Bank Protection Zone, does not
exceed one hundred-fifty (150) square feet per lot.
b. Location. The outdoor use area shall be located in the half of the riparian buffer
furthest away from the stream (Figures 8, 9 and 10).
c. Patios and Walkways. Porous solid surfaces, with the exception of decks, may be
installed in the outdoor use area.
d. Native Tree Removal. No trees six (6) inches diameter at breast height (dbh) are
removed.
7. Trails - The establishment of trails and related educational displays where all of the
following are met.
a. Installation. The trail installation shall retain the general topography of the Stream
Bank Protection Zone.
AMC Chapter 18.63 Water Resource Protection Zones Page 13
b. Width and Grade. Trail width shall not exceed thirty-six (36) inches, stair width
shall not exceed fifty (50) inches, and trail grade shall not exceed twenty (20) percent
except for the portion of the trail containing stairs. Trails in public parks may be up to
seventy-two (72) inches in width to accommodate high pedestrian traffic areas.
c. Tree Trimming. Tree trimming shall not exceed a height of eight (8) feet.
d. Native Tree Removal. Native trees larger than six (6) inches in diameter at breast
height and native shrubs or conifers larger than five (5) feet tall shall not be removed.
Tree removal shall be in accordance with the Tree Preservation and Protection
Chapter 18.61.
e. Trail Surface. Trails shall not be paved with concrete, asphalt or comparable
surfacing such as pervious concrete and asphalt.
f. Educational Displays. In conjunction with trail access, moderately sized displays
specifically intended to support educational opportunities, such as wildlife habitat
structures, shall be permitted as an exempt activity.
8. City Emergency Activities - Emergency repair authorized by the City Administrator or
his/her designee which must be undertaken immediately, or for which there is insufficient time
for full compliance with this Chapter, in order to address at least one of the following.
a. Prevent an imminent threat to public health or safety.
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
9. Storm Water Treatment Facility Maintenance - Routine maintenance of storm water
treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands in order to maintain flow and prevent flooding when conducted in
accordance with local, state and federal permitting requirements and approved management
plans. Multi-year maintenance plans for existing storm water treatment facilities without
previously approved management plans require a Limited Activity and Use Permit in
accordance with section 18.63.070.A.3.
10. Public Utility Maintenance and Replacement - Routine maintenance and replacement
of existing public utilities and irrigation pumps if work disturbs no more total surface area than
the area inside the public utility easement and up to an additional five (5) percent surface area
of the public utility easement outside of the public utility easement.
11. Private Utility Maintenance and Replacement - Routine maintenance and replacement
of existing private utilities and irrigation pumps .
12. Driveway and Street Maintenance and Paving - Maintenance, paving or reconstruction
of existing public and private streets and driveways if work disturbs no more total surface area
AMC Chapter 18.63 Water Resource Protection Zones Page 14
than the area inside the street right-of-way or access easement and up to an additional five (5)
percent surface area of the street right-of-way or access easement outside of the right-of-way
or easement. Public streets shall be located in public right-of-way or a public easement.
13. Nonconforming Activities, Uses and Structures - The following nonconforming
activities, uses and structures may continue subject to the following provisions.
a. Structure Maintenance, Replacement and Expansion. Existing nonconforming
structures within or partially within a Stream Bank Protection Zone may be used and
maintained, but shall not have the existing building footprint or impervious surface
expanded or enlarged unless the expansion or enlargement occurs outside the
Stream Bank Protection Zone. In residential zoning districts, a nonconforming
principal building may be replaced or rebuilt if the existing building footprint does not
change in size or shape and additional surface area in the Stream Bank Protection
Zone is not disturbed. Additional stories may be added to existing structures in the
Stream Bank Protection Zone if the existing building footprint does not change in size
or shape and additional surface area in the Stream Bank Protection Zone is not
disturbed. Repair and reconstruction of a nonconforming structure under this section
shall be in accordance with the requirements of the Flood Damage Prevention
Regulations Chapter 15.10.
b. Fire and Natural Disasters. In residential zoning districts, a nonconforming
principal building may be rebuilt if damaged or destroyed by a fire or a natural disaster
such as a flood. For properties located in non-residential zoning districts and in an
Historic District, any nonconforming structures may be rebuilt if damaged or destroyed
by a fire or a natural hazard. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
c. Exemptions for Historic Public Parks and Properties. Nonconforming activities,
landscaping, uses and structures included in Lithia Park, Blue Bird Park and Calle
Guanajuato and located in the Water Resource Protection Zone may be used,
maintained and replaced, but shall not be expanded or enlarged within the Water
Resource Protection Zone. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
d. Previously Approved Building Envelopes. A previously approved building
envelope within or partially within a Stream Bank Protection Zone, which would be
prohibited by this Chapter or subject to the limitations and controls imposed by this
Chapter, may be built upon as originally approved and does not have to meet the
requirements of this Chapter if the following conditions are met:
i. The building envelope was established and received City of Ashland Planning
Division approval prior to the effective date of this ordinance.
ii. The building envelope is located on a vacant lot.
AMC Chapter 18.63 Water Resource Protection Zones Page 15
iii. The building envelope is located on a lot which was created prior to the
effective date of this ordinance.
iv. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance.
e. Previously Approved Driveways. An approved driveway within or partially within
a Stream Bank Protection Zone, which would be prohibited by this Chapter or subject
to the limitations and controls imposed by this Chapter, may be built as originally
approved and does not have to meet the requirements of this Chapter if the following
conditions are met.
i. The driveway location was established and received City of Ashland Planning
Division approval prior to the effective date of this ordinance.
ii. The driveway will provide access to a lot which was created prior to the
effective date of this ordinance.
iii. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance.
B. Exempt Activities Within Wetland Protection Zones. The following activities and uses do not
require a permit or authorization under this Chapter to be conducted in a Wetland Protection Zone,
provided the restoration requirements included in sections 18.63.120.B.1.a and b are met. All
applicable local, state and federal permits shall be obtained prior to commencement of exempt
activities and uses. Exempt activities and uses may qualify as development as defined in section
18.62.030.E and may require a permit for development in Floodplain Corridor Lands Chapter
18.62.
1. Landscaping and Tree Maintenance - The limitations imposed by this Chapter do not
include the routine maintenance of existing vegetation within a Stream Bank Protection Zone,
provided that the following requirements are met.
a. Lawn. Existing lawn within the wetland buffer may be maintained, but not
expanded within the Wetland Protection Zone.
b. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum
and shall be in accordance with the Tree Preservation and Protection Chapter 18.61.
Under no circumstances shall the maintenance pruning be so severe that it
compromises the tree's health, longevity, or resource functions (i.e. shade, soil
stability, erosion control, etc.)
c. Fire Hazard Prevention with Hand-held Equipment - Perimeter mowing or
thinning of vegetation in the wetland buffer with hand-held equipment or machinery for
fire hazard prevention, consistent with City standards for Wildfire Lands described in
the Physical and Environmental Constraints Chapter 18.62, provided that the
cutting/thinning is the minimum necessary to alleviate the potential fire hazard.
d. Non-native, Noxious and Invasive Vegetation Removal with Hand-held
Equipment - Removal of non-native vegetation, and noxious and invasive vegetation
AMC Chapter 18.63 Water Resource Protection Zones Page 16
listed on the City of Ashland's Prohibited Plant List with hand-held equipment or
machinery. The act of removing non-native, noxious and invasive vegetation shall not
result in the removal of native vegetation.
e. Hazardous Tree Removal - Removal with hand-held equipment of a hazardous
tree. A hazardous tree is a tree that is physically damaged to the degree that it is
likely to fall and injure persons or property. A permit for Hazardous Tree Removal
shall be processed under the procedures and approval criteria described in the Tree
Preservation and Protection Chapter 18.61.
f. In-channel Vegetation Removal - Removal of emergent in-channel vegetation that
is likely to cause flooding using non-invasive methods such as mowing or weed-
whacking that do not disturb the underlying substrate. Mechanized removal of
emergent in-channel vegetation that would involve associated removal of soil below
the ordinary high water line is not permitted and would otherwise be subject to state
and federal wetland permitting requirements.
2. Routine Planting with Hand-held Equipment - The planting of local native plant species
or the replacement of noxious, invasive and non-native plants with local native plant species
with hand-held equipment or machinery. Noxious and invasive vegetation approved for
removal is identified on the City of Ashland's Prohibited Plant List.
3. Herbicide Use. Application of chemical control for removal of noxious or invasive
vegetation listed on the City of Ashland's Prohibited Plant List and in support of stream
channel, riparian and wetland restoration and enhancement activities provided any chemicals
used are applied in conformance with the product label and approved for such use by state
and federal agencies. Alternative methods of removal such as mowing and hand removal are
strongly recommended.
4. Testing - Site investigative work with minimal surface area disturbance conducted by or
required by a city, county, state, or federal agency such as surveys, percolation tests, soil
borings or other similar tests.
5. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters may be installed in the wetland buffer (Figures 6 and 7). Solid wood
fencing is prohibited in the Wetland Protection Zone. Fencing in a designated floodplain shall
conform to the requirements of section 18.62.070.K.
6. Trails - The establishment of trails and related educational displays where all of the
following are met.
a. Installation. The trail installation shall retain the general topography of the Wetland
Protection Zone.
b. Width and Grade. Trail width shall not exceed thirty-six (36) inches, stair width
shall not exceed fifty (50) inches, and trail grade shall not exceed twenty (20) percent
AMC Chapter 18.63 Water Resource Protection Zones Page 17
except for the portion of the trail containing stairs. Trails in public parks may be up to
seventy-two (72) inches in width to accommodate high pedestrian traffic areas.
c. Tree Trimming. Tree trimming shall not exceed a height of eight (8) feet.
d. Native Tree Removal. Native trees larger than six (6) inches in diameter at breast
height and native shrubs or conifers larger than five (5) feet tall shall not be removed.
Tree removal shall be in accordance with the Tree Preservation and Protection
Chapter 18.61.
e. Trail Surface. Trails shall not be paved with concrete, asphalt or comparable
surfacing such as pervious concrete and asphalt.
f. Educational Displays. In conjunction with trail access, moderately sized displays
specifically intended to support educational opportunities, such as wildlife habitat
structures, shall be permitted as an exempt activity.
g. Consistency with State and Federal Permits. Trails construction shall be
permitted within a delineated wetland boundary in accordance with local, state and
federal permitting requirements and approved management plans.
7. City Emergency Activities - Emergency repair authorized by the City Administrator or
his/her designee which must be undertaken immediately, or for which there is insufficient time
for full compliance with this Chapter, in order to address at least one of the following.
a. Prevent an imminent threat to public health or safety.
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
8. Storm Water Treatment Facility Maintenance - Routine maintenance of storm water
treatment facilities such as detention ponds or sediment traps, vegetated swales and
constructed wetlands in order to maintain flow and prevent flooding when conducted in
accordance with local, state and federal permitting requirements and approved management
plans. Multi-year maintenance plans for existing storm water treatment facilities without
previously approved management plans require a Limited Activity and Use Permit in
accordance with section 18.63.070.B.3.
9. Nonconforming Activities, Uses and Structures --Nonconforming activities, uses and
structures may continue subject to the following provisions.
a. Structure Maintenance and Expansion. Nonconforming structures within or
partially within a Wetland Protection Zone may be used and maintained, but shall not
have the existing building footprint or impervious surface expanded or enlarged
unless the expansion or enlargement occurs outside the Wetland Protection Zone. In
residential zoning districts, a nonconforming principal building may be replaced or
AMC Chapter 18.63 Water Resource Protection Zones Page 18
rebuilt if the existing building footprint does not change in size or shape and additional
surface area in the Wetland Protection Zone is not disturbed. Additional stories may
be added to existing structures in the Wetland Protection Zone if the existing building
footprint does not change in size or shape and additional surface area in the Wetland
Protection Zone is not disturbed. Repair and reconstruction of a nonconforming
structure under this section shall be in accordance with the requirements of the Flood
Damage Prevention Regulations Chapter 15.10.
b. Fire and Natural Disasters. In residential zoning districts, a nonconforming
principal building may be rebuilt if damaged or destroyed by a fire or a natural disaster
such as a flood. For properties located in non-residential zoning districts and in an
Historic District, any nonconforming structures may be rebuilt if damaged or destroyed
by a fire or a natural hazard. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
c. Exemptions for Historic Public Parks and Properties. Nonconforming activities,
landscaping, uses and structures included in Lithia Park, Blue Bird Park and Calle
Guanajuato and located in the Water Resource Protection Zone may be used,
maintained and replaced, but shall not be expanded or enlarged within the Water
Resource Protection Zone. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
d. Previously Approved Building Envelopes. A previously approved building
envelope within or partially within a Wetland Protection Zone, which would be
prohibited by this Chapter or subject to the limitations and controls imposed by this
Chapter, may be built upon as originally approved and does not have to meet the
requirements of this Chapter if the following conditions are met:
i. The building envelope was established and received City of Ashland Planning
Division approval prior to the effective date of this ordinance.
ii. The building envelope is located on a vacant lot.
iii. The building envelope is located on a lot which was created prior to the
effective date of this ordinance.
iv. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance.
e. Previously Approved Driveways. An approved driveway within or partially within
a Wetland Protection Zone, which would be prohibited by this Chapter or subject to
the limitations and controls imposed by this Chapter, may be built as originally
approved and does not have to meet the requirements of this Chapter if the following
conditions are met.
i. The driveway location was*established and received City of Ashland Planning
Division approval prior to the effective date of this ordinance.
AMC Chapter 18.63 Water Resource Protection Zones Page 19
ii. The driveway will provide access to a lot which was created prior to the
effective date of this ordinance.
iii. Building permits are approved and construction is commenced there under
within thirty-six (36) months from the effective date of this ordinance.
18.63.070 Limited Activities and Uses within Water Resource Protection Zones
The following activities and uses within Water Resource Protection Zones are allowed under a
Type I land use procedure provided the activities or uses comply with the standards set forth in
section 18.63.070.C.
A. Limited Activities and Uses within Stream Bank Protection Zones.
1. Channel and Riparian Enhancement Activities - Stream channel repair and
enhancement as well as riparian habitat restoration and enhancement resulting in a net gain
in ecological function. Channel and riparian enhancement activities not otherwise associated
with development involving building, grading or paving are encouraged, and planning action
application fees associated with reviewing these activities for compliance with applicable land
use standards may be waived by the Staff Advisor.
2. Removal of Vegetation - Removal of vegetation within a Stream Bank Protection Zone is
prohibited, except for Exempt Activities and Uses in accordance with section 18.63.060.A, and
when authorized as follows.
a. Non-native, Noxious and Invasive Vegetation Removal with Power-assisted
Equipment. Removal of non-native vegetation, and noxious and invasive vegetation
listed on the City of Ashland's Prohibited Plant List with power-assisted equipment or
machinery.
b. Fire Hazard Prevention with Power-assisted Equipment - Cutting or thinning of
vegetation with power-assisted equipment or machinery, consistent with City
standards for Wildfire Lands described in the Physical and Environmental Constraints
Chapter 18.62, provided that the cutting/thinning is the minimum necessary to
alleviate the potential hazard.
3. Multi-year Maintenance Plans - Multi-year maintenance plans may be authorized as
follows for existing areas or storm water treatment facilities in Stream Bank Protection Zones
which do not have a previously approved management plans.
a. Publicly and Commonly Owned Properties. The routine maintenance and
enhancement of publicly and commonly owned properties such as public parks and
private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm
water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands in order to maintain flow and prevent flooding.
Routine maintenance of storm water treatment facilities in accordance with an
approved management plan is exempted as outline in section 18.63.060.A.9.
AMC Chapter 18.63 Water Resource Protection Zones Page 20
4. Building, Paving, and Grading Activities - Permanent alteration of the Stream Bank
Protection Zone by grading or by the placement of structures, fill or impervious surfaces may be
authorized as follows.
a. New Public Access and Utilities. The location and construction of public streets,
bridges, trails, multi-use path connections and utilities deemed necessary to maintain
a functional system and upon finding that no other reasonable, alternate location
outside the Stream Bank Protection Zone exists. This title, the Comprehensive Plan,
Transportation System Plan, adopted utility master plans and other adopted
documents shall guide this determination.
b. New Private Access and Utilities. The location and construction of private
streets, driveways and utilities to provide a means of access to an otherwise
inaccessible or landlocked property where no other reasonable, alternate location
outside the Stream Bank Protection Zone exists.
c. Driveway and Street Maintenance and Paving. Maintenance, paving, or
reconstruction of existing public and private streets and driveways if work disturbs
more total surface area than the area inside the street right-of-way or access
easement and an additional five (5) percent surface area of the street right-of-way or
access easement outside of the right-of-way or easement. Public streets shall be
located in public right-of-way or a public easement.
d. Public Utility Maintenance and Replacement. Routine maintenance and
replacement of existing public utilities and irrigation pumps if work disturbs more total
surface area than the area inside the public utility easement and an additional five (5)
percent surface area of the public utility easement outside of the public utility
easement.
e. Storm Water. Treatment Facility Installation. Installation of public and private
storm water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands.
f. Replacement of Nonconforming Structures. Replacement of nonconforming
structures located within or partially within the original building footprint, except those
nonconforming principal buildings exempted in section 18.63.060.A.13, provided
replacement does not disturb additional surface area within the Stream Bank
Protection Zone.
g. Erosion Control. Erosion control and stream bank stabilization measures that
have been approved by the Oregon Department of State Lands (DSL), the U.S. Army
Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-
structural bio-engineering methods.
h. Storm Water Outfall. Construction of a storm water outfall discharging treated
storm water from an adjacent developed area provided that the discharge meets
local, state and federal water quality regulations.
AMC Chapter 18.63 Water Resource Protection Zones Page 21
i. Bridges. The installation of a bridge or similar, bottomless crossing structure for the
purpose of constructing a public or private street, bicycle or pedestrian crossing, as
well as to provide a means of access to an otherwise inaccessible or landlocked
property.
j. Flood Control Measures. Installation or expansion of structural flood control
measures, including but not limited to concrete retaining walls, gabions, gravity
blocks, etc., shall generally be prohibited, but approved only if demonstrated that less-
invasive, non-structural methods will not adequately meet the stabilization or flood
control needs.
B. Limited Activities and Uses Within Wetland Protection Zones.
1. Wetland Restoration and Enhancement Activities - Wetland restoration and
enhancement activities resulting in a net gain in ecological function. Wetland restoration and
enhancement activities not otherwise associated with development involving building, grading
or paving are encouraged, and planning action application fees associated with reviewing
these activities for compliance with applicable land use standards may be waived by the Staff
Advisor.
2. Removal of Vegetation - Removal of vegetation from within a Wetland Protection Zone is
prohibited, except for Exempt Activities and Uses in accordance with section 18.63.060.B and
when authorized as follows.
a. Non-native, Noxious and Invasive Vegetation Removal. Removal of non-native
vegetation, and noxious and invasive vegetation listed on the City of Ashland's
Prohibited Plant List with hand-held or power-assisted equipment or machinery.
b. Fire Hazard Prevention with Power-assisted Equipment. Perimeter mowing and
other cutting necessary in the wetland buffer for fire hazard prevention with power-
assisted equipment or machinery.
3. Multi-year Maintenance Plans - Multi-year maintenance plans may be authorized as
follows for existing areas or storm water treatment facilities in Wetland Protection Zones which
do not have a previously approved management plans.
a. Publicly and Commonly Owned Properties. The routine maintenance and
enhancement of publicly and commonly owned properties such as public parks and
private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm
water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands in order to maintain flow and prevent flooding.
Routine maintenance of storm water treatment facilities in accordance with an
approved management plan is exempted as outline in section 18.63.060.B.8.
AMC Chapter 18.63 Water Resource Protection Zones Page 22
4. Building, Paving and Grading Activities - Permanent alteration of the Wetland
Protection Zone by grading or by the placement of structures, fill or impervious surfaces may
be authorized as follows.
a. New Public Access and Utilities. The location and construction of public streets,
bridges, trails, multi-use path connections and utilities deemed necessary to maintain
a functional system and upon finding that no other reasonable, alternate location
outside the Wetland Protection Zone exists. This title, the Comprehensive Plan,
Transportation System Plan, adopted utility master plans and other adopted
documents shall guide this determination.
b. New Private Access and Utilities. The location and construction of private
streets, driveways and utilities to provide a means of access to an otherwise
inaccessible or landlocked property where no other reasonable, alternate location
outside the Wetland Protection Zone exists.
c. Driveway and Street Maintenance and Paving. Maintenance, paving, or
reconstruction of existing public and private streets and driveways. Public streets
shall be located in public right-of-way or public easement.
d. Public Utility Maintenance and Replacement. Routine maintenance and
replacement of existing public and private utilities that disturb lands within the
Wetland Protection Zone.
e. Storm Water Treatment Facility Installation and Replacement. Installation and
replacement of public and private storm water treatment facilities such as detention
ponds or sediment traps, vegetated swales and constructed wetlands.
f. Replacement of Nonconforming Structures. Replacement of nonconforming
structures within or partially within the original building footprint, provided replacement
does not disturb additional surface area with the Wetland Protection Zone.
C. Approval Standards for Limited Activities and Uses within Water Resource Protection
Zones. All Limited Activities and Uses within Water Resource Protection Zones described in
section 18.63.070 shall be reviewed and a decision made through a Type I land use procedure.
The approval authority may approve or approve with conditions a request to conduct Limited
Activities and Uses in a Water Resource Protection Zone based upon findings that the following
standards have been satisfied.
1. All activities shall be located as far away from streams and wetlands, as practicable,
designed to minimize intrusion into the Water Resources Protection Zone and disturb as little
of the surface area of the Water Resource Protection Zone, as practicable.
2. The proposed activity shall be designed, located and constructed to minimize excavation,
grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse
impacts on Water Resources.
3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of twenty-
five (25) percent or greater in a Water Resource Protection Zone, excavation, grading,
AMC Chapter 18.63 Water Resource Protection Zones Page 23
installation of impervious surfaces, and removal of native vegetation shall be avoided except
where no practicable alternative exists, or where necessary to construct public facilities or to
ensure slope stability.
4. Erosion control measures shall be employed to ensure sediments are not transported to the
Water Resource. Erosion control measures shall be installed prior to site preparation or
ground-disturbing activities, where applicable. Access roads, staging areas, storage areas and
other areas of temporary disturbance necessary to complete the proposed activity shall be
restored as soon as possible, but not more than ninety (90) days after authorized land
disturbance. Erosion control measures shall be in place concurrently with construction or
establishment of the proposed activity. Temporary measures used for initial erosion control
shall not be left in place permanently.
5. Plans for stream channel repair and enhancement, riparian habitat restoration and
enhancement plans and wetland restoration and enhancement are required and shall be
submitted with the land use application. The plan shall meet the mitigation requirements in
section 18.63.120, comply with all state and federal regulations and permitting requirements
and conform to all local regulations and permit requirements related to flood areas.
6. Water, storm drain and sewer systems shall be designed, located and constructed to avoid
exposure to floodwaters, and to avoid accidental discharges to streams and wetlands.
18.63.080 Water Resource Protection Zone Reductions
A Water Resource Protection Zone may be reduced by up to fifty (50) percent by the approval
authority through a Type I land use procedure to allow alteration within the Water Resource
Protection Zone based upon findings that the following standards have been satisfied.
A. The application demonstrates that equal or better protection for identified resources will be
ensured through restoration, enhancement and mitigation measures. The structures, functions
and values of the Water Resource will be restored through the implementation of an enhancement
and restoration strategy set forth in a mitigation plan prepared in accordance with the standards
and requirements described in section 18.63.120. The plans shall comply with all state and
federal regulations and permitting requirements, and conform to all local regulations and permit
requirements related to flood areas.
B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently
perform the proposed activity and/or use. The proposed development shall minimize disturbance
to the Water Resource Protection Zone by utilizing the following design options to minimize or
reduce impacts of development.
1. Multi-story construction shall be used.
2. Parking spaces shall be minimized to no more than that required as a minimum for the use.
3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a
pervious paving material.
AMC Chapter 18.63 Water Resource Protection Zones Page 24
4. Engineering solutions shall be used to minimize additional grading and/or fill.
C. The proposed use or activity is designed to minimize intrusion into the Water Resource
Protection Zone through the use of up to a fifty (50) percent reduction of any dimensional
standards (e.g. required front, side and rear yard setbacks; required distance between buildings;
or maximum building height) to permit development as far outside or upland of the Water
Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards
shall be reviewed as part of the requested reduction, and shall not be subject to a separate
Variance application under Chapter 18.100. Reductions to dimensional standards may not be
used to reduce required Solar Access setbacks without evidence of agreement by the effected
property owner(s) to the north through a concurrent Solar Access Variance application as
described in section 18.70.060.
D. Any encroachment or change in on-site or off-site drainage characteristics which would
adversely impact the Water Resource has been considered and mitigated.
E. Erosion control measures shall be employed to ensure sediments are not transported to the
Water Resource. Erosion control measures shall be installed prior to site preparation or ground-
disturbing activities, where applicable. Access roads, staging areas, storage areas and other
areas of temporary disturbance necessary to complete the proposed activity shall be restored as
soon as possible, but not more than ninety (90) days after authorized land disturbance. Erosion
control measures shall be in place concurrently with construction or establishment of the proposed
activity. Temporary measures used for initial erosion control shall not be left in place permanently.
F. A Water Resource Protection Zone reduction agreement shall be recorded in the public records
to give notice of the restrictions and maintenance obligations and to ensure no further
encroachment into the Water Resource Protection Zone occurs.
G. The applicant may dedicate a conservation easement or equivalent protection instrument to the
city, homeowners association or a conservation organization, provided the form of the instrument
is approved by the City Attorney and accepted by the council, if offered.
18.63.090 Hardship Variances
In cases where the limitations on activities within a Water Resource Protection Zone unduly
restrict the development or use of a lot, a property owner may request a Hardship Variance.
Hardship Variances described shall be reviewed and a decision made through a Type II land use
procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100.
The approval authority may approve or approve with conditions a request for a Hardship Variance
based upon findings that the following approval criteria have been satisfied.
A. The applicant has explored all other reasonable options available under this Chapter and
throughout the Ashland Land Use Ordinance to relieve the hardship.
B. The proposed activity or use of land would have been permitted prior to the effective date of
this ordinance.
AMC Chapter 18.63 Water Resource Protection Zones Page 25
C. The Hardship Variance is the minimum necessary to permit use of the property in a manner
that could reasonably be expected to occur on similarly zoned parcels in the vicinity.
D. Adverse impacts on the structures, functions or values of the resource including water quality,
erosion, or slope stability that would result from approval of this Hardship Variance have been
minimized and will be mitigated to the greatest extent possible through restoration and
enhancement of the Water Resource Protection Zone in accordance with an approved mitigation
plan. The applicant has agreed to implement a mitigation and management plan prepared in
accordance with the standards and requirements described in section 18.63.120. The plan shall
comply with all state and federal regulations and permitting requirements, and conform to all local
regulations and permit requirements related to flood areas.
18.63.100 Approval Standards for Land Divisions and Property Line Adjustments Within
Water Resource Protection Zones
Planning actions and procedures containing Water Resource Protection Zones and involving the
division of land or lot line adjustments shall comply with the following provisions and shall include
the plan requirements in section 18.63.110.A.3.
A. Building Envelope Established. Each lot shall contain a building envelope outside the Water
Resource Protection Zone of sufficient size to permit the establishment of the use and associated
accessory uses.
B. Conservation Area. Performance Standards Option, Subdivision Partition, and Site Review
applications shall include the Water Resource Protection Zone within a conservation easement or
recorded development restriction, which stipulates that the use or activity within the Water
Resource Protection Zone shall be consistent with the provisions of this Chapter. The approval
authority may require that the Water Resource Protection Zone be included in a separate tract of
land managed by a homeowners' association or other common ownership entity responsible for
preservation.
C. Density Transfer. Density calculated from the land area contained within the Water Resource
Protection Zone may be transferred to lands outside the Water Resource Protection Zone
provided the following standards are met.
1. Partitions and subdivisions involving density transfer shall be processed under the
Performance Standards Options Chapter 18.88.
2. A map shall be submitted showing the land area not within the Water Resource Protection
Zone to which the density will be transferred.
3. The Water Resource Protection Zone shall be included in a separate preservation tract to
be managed by a homeowner's association or other common ownership entity responsible for
management of the area.
4. Density may only be transferred within the subject property or to a lot or lots contiguous to
the subject property and within the same ownership.
AMC Chapter 18.63 Water Resource Protection Zones Page 26
5. The density transferred to lands not within the Water Resource Protection Zone may not be
increased to more than one and a half (11/2) times the base density of the underlying zoning
district. Fractional units are to be rounded down to the nearest whole number.
D. Management Plan. Long term conservation, management and maintenance of the Water
Resource Protection Zone consistent with the requirements of this Chapter shall be ensured
through preparation and recordation of a management plan as described in section
18.63.120.B.2.f.
E. Mitigation Requirements. The approval authority may require a mitigation plan in
accordance with the requirements of section 18.63.120 to mitigate impacts resulting from land
divisions.
F. Exemptions for a Public Purpose. An exemption to the requirements described above shall
be granted for lots created for public park purposes, or privately-owned tracts created for the sole
purpose of conserving in perpetuity the natural functions and values of the lands contained within
the Water Resource Protection Zone.
18.63.110 Approval Process
A. Application - Required Plans and Information. The following plans and information shall be
submitted with the application for activities and uses in a Water Resource Protection Zone which
are required to be processed under a Type I or Type II land use procedure including Limited
Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances.
1. A narrative description of all proposed activities and uses including the extent to which any
Water Resource Protection Zone is proposed to be altered or affected as a result of the
proposed development activity or use (in terms both of square footage of surface disturbance
and cubic yards of overall disturbance).
2. Written findings of fact addressing all applicable development standards and approval
criteria.
3. Site development plan map, drawn to scale - The application shall include a site map of the
subject property prepared by a licensed surveyor, civil engineer or other design professional
that includes the information described below. The Staff Advisor may request additional
information based upon the character of the site or the specific nature of the proposal.
a. All watercourses identified (including any drainage ways, ponds, etc).
b. Surveyed location of the Water Resource Protection Zone, as described in section
18.63.050. For applications involving single-family residences or Limited Activities
and Uses, in lieu of a surveyed location, the Staff Advisor may approve a field
determination of the Water Resource Protection Zone by the Staff Advisor or his/her
designee in which the applicant shall be required to stake the top-of-bank or the
upland-wetland edge and the boundary of the Water Resource Protection Zone.
AMC Chapter 18.63 Water Resource Protection Zones Page 27
c. For activities and use proposed within a Stream Bank Protection Zone:
identification of the stream as being either fish-bearing or non-fish-bearing;
identification of the top-of-bank or center line as required; and surveyed location of
the stream's floodway and floodplain, if applicable.
d. For activities and uses proposed within a Wetland Protection Zone: a wetland
delineation (with an accompanying site map) prepared by a natural resource
professional and that has been concurred with by the Oregon Department of State
Lands (DSL); and an aerial photo with the wetland boundaries identified.
e.:Topographic information at two (2) foot contour increments identifying both existing
grades and proposed grade changes.
f. Surveyed locations of all trees six (6) inches in diameter at breast height (dbh) or
greater located in the Water Resource Protection Zone and within fifteen (15) feet of
the Water Resource Protection Zone, identified by edge of canopy, diameter at breast
height and species;
g. The outlines of non-tree vegetation, with a dominant species and any occurrence of
non-native, invasive species identified.
h. Location of existing and proposed development, including all existing and proposed
structures, any areas of fill or excavation, stream or wetland crossings, alterations to
vegetation, or other alterations to the site's natural state.
i. The location of natural features, proposed and existing structures, and other
proposed and existing improvements associated with lands within one-hundred (100)
feet of the Water Resource Protection Zone.
j. Proposed and existing land uses within one-hundred (100) feet of the Water
Resource Protection Zone.
k. The location of temporary fencing and erosion control measures installed to prevent
encroachment and flow of material into the Water Resource Protection Zone, such as
sediment fencing and hay bales, etc.
1. North arrow and scale.
m. Sources of information (federal, state and local).
4. Mitigation Plan prepared in accordance with the requirements described in section
18.63.120.
B. Building Permits and Development Activities. When approval of a planning action is not
required, other permit applications for the construction of structures or other development activities
on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor
to assure that Water Resource Protection Zones are accurately identified on a site plan and that
AMC Chapter 18.63 Water Resource Protection Zones Page 28
Limited Activities and Uses or other site disturbances will not be conducted within the Water
Resource Protection Zone.
1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion
control measures may be required to be installed to prevent encroachment and flow of
material or other debris into the Water Resource Protection Zone and to otherwise prevent
impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When
required, these measures shall be installed and site-verified by the Staff Advisor before any
permits are issued and prior to the commencement of excavation, grading, site clearing,
construction or similar site work resulting in changes to the land.
C. Required Information Waived - Determination. Applications under this Chapter involving
properties containing a Water Resource Protection Zone shall accurately indicate the locations of
these features and all other information as described and required above. The Staff Advisor may
waive one (1) or more of the required elements of the site development plan map in section
18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation,
grading, site clearing, construction or similar actions resulting in changes to the property are not
located within the boundaries of the Water Resource Protection Zone.
18.63.120 Mitigation Requirements
A. When a Mitigation Plan is Required. A mitigation plan is required for applications that involve:
Limited Activities and Uses, Water Resource Protection Zone Reductions, Hardship Variances, or
as otherwise stipulated by the approval authority as a condition of approval.
B. Mitigation Plan Requirements.
1. For Applications Involving Single-Family Residences or Limited Activities and Uses -
For applications involving single-family residences or Limited Activities and Uses, the
application shall include landscaping and irrigation plans addressing the following standards.
The Staff Advisor may require the mitigation plan to be prepared by a natural resource
professional.
a. Vegetation Preservation and Construction Staging. The following standards
shall apply when construction activity is proposed in areas where vegetation is to be
preserved within a Water Resources Protection Zone.
i. Work areas on the immediate site shall be carefully identified and marked to
reduce potential damage to trees and vegetation. Temporary construction
fencing shall be placed at the drip line of trees bordering the work area. No
equipment maneuvering, staging or stockpiling shall occur outside of designated
work areas.
ii. Trees shall not be used as anchors for stabilizing equipment.
iii. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water
Resource Protection Areas on a permanent basis. Temporary storage shall
AMC Chapter 18.63 Water Resource Protection Zones Page 29
employ erosion control measures to ensure sediments are not transported to
adjacent surface waters.
iv. Temporary erosion control measures shall be installed to prevent encroachment and flow of
runoff, material or other debris into the Water Resource Protection Zone. These measures shall
be installed prior to the commencement of excavation, grading, site clearing, construction or
similar site work resulting in changes to the land.
b. Restoration. For applications involving a planning action, disturbed areas shall be
re-planted and an additional area restored, re-planted and enhanced at a one square
foot to one and a half square feet (1:1.5) ratio (e.g. if 100 square feet of surface area
is disturbed, 150 square feet shall be restored, re-planted and enhanced). For
exempt activities, disturbed areas shall be re-planted at a one square foot to one
square foot (1:1) ratio. Re-planting activities shall follow these standards:
i. Priority shall be given to removal of noxious and invasive vegetation and
planting of local native plant species.
ii. For streams, the area from the stream to the midpoint of the riparian buffer and
parallel to the stream shall be one-hundred (100) percent plant coverage in local
native plant species. The remaining half of the riparian buffer shall be a
minimum of fifty (50) percent plant coverage in local native plant species (Figures
8, 9 and 10). For wetlands, the Wetland Protection Zone shall be one hundred
(100) percent plant coverage in local native plant species and in accordance with
local, state and federal approved management plans. The use of noxious and
invasive plants on the City of Ashland's Prohibited Plant List in Water Resource
Protection Zones is prohibited.
Stream Bank Protection Zone
50 feet 60 feet
Top of
Bank
5000 50%
Native
Native
25' 100% Native Plantings * 26'
Figure 8: Native Plant Requirements for Riparian Corridor Streams
AMC Chapter 18.63 Water Resource Protection Zones Page 30
Stream Bank Protection Zone
40 feet 40 feet
Centerline
50% 50%
Native Native
201 ~ 100% Native Plantings ~20'
Figure 9: Native Plant Requirements for Local Streams
Stream Bank Protection Zone
30 feet 30 feet
Centerline
50% 50%
Native Native
15' 100% Native 15'
Plantings
Figure 10: Native Plant Requirements for Intermittent and Ephemeral Streams
iii. Plant materials shall be located in such a manner as to maximize
enhancement and restoration of the Water Resource Protection Zone, with
particular emphasis on temperature reduction of watercourses, erosion control,
bank stabilization and wildlife habitat enhancement.
iv. Nearby riparian plant communities should be used as a guide for developing a
re-vegetation plan.
v. Re-planting shall include ground cover, shrubs and tree canopy layers unless
the site soils or substrate do not typically support the growth of one (1) or more
vegetation layers.
AMC Chapter 18.63 Water Resource Protection Zones Page 31
vi. Ground cover shall be planted and maintained to provide a minimum of ninety
(90) percent total coverage of the restored area within a five (5) year period. The
minimum planting size shall be four (4) inch pots. Restoration areas that have
existing healthy ground cover consisting of local native plant species that covers
at least ninety (90) percent of the restoration area is considered compliant with
the restoration standards for ground cover.
vii. Shrubs shall be planted and maintained to provide a minimum of fifty (50)
percent total coverage of the restored area within a five (5) year period. The
minimum planting size shall be one (1) gallon. Restoration areas that have
existing vegetated under-story consisting of healthy riparian shrubs that covers at
least fifty (50) percent of the restoration area are considered compliant with the
restoration standards for under-story plantings.
viii. Canopy trees shall be planted at 20-foot intervals or such other interval as
required to install materials required for tree mitigation pursuant to the tree
mitigation requirements of the Ashland Land Use Ordinance. The minimum
planting size shall be one (1) inch caliper. All new trees shall be staked and
protected by deer/rodent-proof fencing. Restoration areas that have an existing
vegetated tree canopy consisting of healthy trees at least four (4) inches dbh and
at an average spacing of twenty (20) feet on-center are considered compliant
with the restoration standards for trees.
ix. Erosion control material such as mulch, hay, jute-netting, or comparable
material shall be applied to disturbed, re-planted areas.
x. New plantings shall be irrigated for a period of five (5) years to ensure
establishment.
A. Local native plant species that do not survive the first two (2) years after
planting shall be replaced.
xii. Re-planting shall occur within ninety (90) days of authorized land disturbance.
xiii. A re-planting project shall include landscape and irrigation plans, with details
addressing the proposed plant species, variety, size of plant materials, number of
plants, timing of plantings, plant spacing and installation methods. The landscape
plan shall address the plant coverage by local native plant species after five-
years.
xiv. For exempt activities, soil disturbance shall not result in permanent changes
to the topography of the Stream Bank Protection Zone.
2. For All Other Applications - For planning applications not covered in section 18.63.120.B.1,
the application shall include a mitigation plan including the information described below. The
mitigation plan shall comply with all state and federal regulations and permitting requirements, and
AMC Chapter 18.63 Water Resource Protection Zones Page 32
conform to all local regulations and permit requirements related to flood areas. The Staff Advisor
may require the mitigation plan to be prepared by a natural resource professional.
a. Assessment of Water Resource Protection Zone Structures, Functions and
Values. A mitigation plan shall include an assessment of the structures, functions and
values (i.e. water quality, flood control, habitat, etc.) that will be adversely impacted by
the proposed alterations of the Water Resource Protection Zone and a clear
explanation of how these impacts are to be mitigated.
b. Objectives and Standards of Mitigation. A mitigation plan shall state specific
plan objectives and establish clear and measurable standards for determining if
stated objectives have been accomplished. For example, the objective might be to
restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit
fish and reduce water temperature, while the standard might be a certain percentage
of shade canopy coverage at the end of one (1) year and one-hundred (100) percent
shade canopy coverage after three years.
c. Mitigation Site/Grading Plan. A statement and detailed plan of the location,
elevation, and hydrology of the mitigation area, including a grading plan at two (2) foot
contour intervals. For applications involving Wetland Protection Zones, the application
shall demonstrate that plants have adequate access to site hydrology. For
applications involving Stream Bank Protection Zones, the grading plan shall identify
newly planted areas and include slope stabilizing measures to prevent erosion,
ensure vegetative coverage and limit plant mortality.
d. Landscape Plan. For streams, the area from the stream to the midpoint of the
riparian buffer and parallel to the stream shall be one-hundred (100) percent plant
coverage in local native plant species. The remaining half of the riparian buffer shall
be a minimum of fifty (50) percent plant coverage in local native plant species
(Figures 8, 9 and 10). For wetlands, the Wetland Protection Zone shall be one
hundred (100) percent plant coverage in local native plant species and in accordance
with local, state and federal approved management plans. The use of noxious and
invasive plants on the City of Ashland's Prohibited Plant List in Water Resource
Protection Zones is prohibited. The landscape plan shall address the plant coverage
by local native plant species after five (5) years, and shall be size- and species-
specific, with details addressing the timing of plantings, proposed plant placement and
plant spacing.
e. Management Plan. As a condition of approval, except planning applications
involving a single family home or Limited Activities and Uses, the applicant shall
implement a management plan for the Water Resource Protection Zone and resource
areas under the applicant's ownership or control, including the areas restored and
enhanced to assure long term conservation and maintenance. The management plan
shall detail proposed monitoring and maintenance, and shall include a schedule
delineating how completed projects will be monitored and reported to the Staff
Advisor. The management plan shall contain the following requirements.
AMC Chapter 18.63 Water Resource Protection Zones Page 33
i. The approved mitigation plan.
ii. Identification of Water Resources and Water Resource Protection Zone
management practices to be conducted and proposed intervals.
iii. The following statements.
• "There shall be no alteration of the Water Resource Protection Zones as
delineated and shown on the attached plan" (attach reduced plan).
• "There shall be no alteration of the size, shape or design of an approved
Water Resource Protection Zone without prior approval by the City of
Ashland".
• "There shall be no amendment or change to this Management Plan
without prior approval of the City of Ashland".
iv. Provisions for the ongoing removal and management of noxious or invasive
vegetation and debris.
v. Provisions for the protection of protected plant and animal species in
accordance with recommendations from applicable state and federal agencies.
vi. Specific provisions for city enforcement of the management plan,
vii. Any additional measures deemed necessary to protect and maintain the
structures, functions and values of the Water Resource Protection Zone (e.g.,
signage delineating preservation boundaries).
viii. Provisions for the perpetual protection and maintenance of the Water
Resource and Water Resource Protection Zone including but not limited to the
following.
ix. Recordation of a conservation easement or Conditions, Covenants, and
Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in
the approved land use application, development permit, building permit, or
proposed public facilities plans, and any imposed by state or federal permits.
x. Transfer of the ownership and maintenance responsibilities for the area to a
willing public agency, non-profit association or private conservation organization
with a recorded conservation easement prescribing the conditions and restrictions
set forth in the approved land use application, development permit, building
permit, or proposed public facilities plans, and any imposed by state or federal
permits.
AMC Chapter 18.63 Water Resource Protection Zones Page 34
A. Other mechanisms addressing long-term protection, maintenance and
mitigation consistent with the purposes and requirements of this ordinance as
deemed appropriate and acceptable by the approval authority.
3. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently
with the project. The approval authority may require a performance bond or similar monetary
insurance of up to one hundred and ten (110) percent of the proposal's cost to guarantee that the
mitigation proposal will be carried out as approved, and to ensure that the objectives are met
through demonstration of compliance with measurable standards and that the site will be
maintained to keep the Water Resource functioning properly.
18.63.130 MMa Errors and Adjustments
A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on
the Water Resources Map when the applicant has shown that a mapping error has occurred and
the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified
by DSL shall be used to automatically update the Water Resources Map and record the wetland
delineation document. No formal variance application or plan amendment is required for map
corrections where an approved delineation with a DSL letter of concurrence is provided.
Approved delineations shall be subject to the terms of expiration set forth in the DSL approval.
18.63.140 Enforcement and Penalties
A. Fine. A violation of any provision of this Chapter, a permit issued under this Chapter or any
condition of a permit issued under this Chapter shall be a violation as defined by General Penalty
Chapter 1.08 and punishable by a fine as set forth in that section.
B. Mitigation and Management. Within thirty (30) days of notification by the City of Ashland
Planning Division of a violation of a provision of this Chapter or any condition of a permit issued
under this Chapter, mitigation shall be required and the Staff Advisor may require the property
owner to submit a mitigation plan prepared by a natural resource professional and in accordance
with section 18.63.120.B.
C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as
restitution for the enforcement costs incurred by the City. This fee may be imposed upon any
person who violates any provision of this Chapter or who violates any permit or condition of any
issued permit under this Chapter. The fee shall be in an amount established by resolution of the
City Council.
AMC Chapter 18.63 Water Resource Protection Zones Page 35
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
PHYSICAL & ENVIRONMENTAL CONSTRAINTS CHAPTER (AMC 18.62)
CONCERNING CONSISTENCY WITH NEW CHAPTER AMC 18.63,
WATER RESOURCE PROTECTION ZONES, AND RESERVATION OF
REGULATIONS FOR PURPOSES OF CLAIMS.
Annotated to show de'vc cries and additions to the code sections being modified.
Deletions are bold lined4hreuo and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on November 6, 2008 and following deliberations recommended approval of the
amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 21, 2009; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
Ordinance Amending AMC Chapter 18.62 Page 1
SECTION 2. Chapter 18.62 (section index) of the Ashland Municipal Code
[PHYSICAL & ENVIRONMENTAL CONSTRAINTS] is hereby amended to read as
follows:
Chapter 18.62
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
SECTIONS:
18.62.010 Purpose and Intent.
18.62.020 Regalatiees Where Regulations Apply.
18.62.030 Definitions.
18.62.040 Approval and Permit Required.
18.62.050 Land Classifications.
18.62.060 Official Maps.
18.62.070 Development Standards for Flood plain Corridor Lands.
19.62.07-5 Development Standards fGF Riparian PreseFyat*en Lands.
18.62.080 Development Standards for Hillside Lands.
18.62.090 Development Standards for Wildfire Lands.
18.62.100 Development Standards for Severe Constraint Lands.
18.62.110 Density Transfer.
18.62.130 Penalties.
SECTION 3. Section 18.62.020 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Regulations] is hereby amended to read as
follows:
SECTION 18.62.020 Where Regulations Apply Regulations.
The type of regulation applicable to the land depends upon the classification in which the
land is placed, as provided in Section 18.62.050. if these regulations 004106t with
etheF ulations of the Pity of AshlaRd'S M..nioipal Code, the °f.ingent of
the two regulations shall govern. Where this Chapter and any other ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail. It is likely that there will be some overlap
between the regulations in this Chapter and those in Chapter 18.63 Water
Resources. Where two (2) regulations are in conflict, the most stringent shall
govern.
SECTION 4.. Sections 18.62.040A - C of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Approval and Permit Required] are hereby
amended to read as follows:
SECTION 18.62.040 Approval and Permit Required.
A Physical Constraints Review Permit is required for the following activities:
A. Development, as defined in 18.62.030.D, in areas identified as Flood plain Corridor
Land, Riparian PFeseFve, Hillside Land, or Severe Constraint land.
Ordinance Amending AMC Chapter 18.62 Page 2
B. Tree removal, as defined in 18.62.030. INT., in areas identified as Flood plain
Corridor Land aAd Ripa.:..., Prey .w
C. Commercial logging, in areas identified as Flood plain Corridor Land, Riparian
PF86eFve, Hillside Land, or Severe Constraint Land.
SECTION 5. Section 18.62.050 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Land Classifications] is hereby amended to read
as follows:
SECTION 18.62.050 Land Classifications.
The following factors shall be used to determine the classifications of various lands and
their constraints to building and development on them:
A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The
following lands are classified as Flood plain Corridor lands:
1. All land contained within the 100 year Flood plain as defined by the Federal
Flood Insurance Program, and in maps adopted by Chapter 15.10 of the
Ashland Municipal Code.
2. All land within the area defined as Flood plain Corridor land in maps adopted by
the Council as provided for in section 18.62.060.
3. All lands which have physical or historical evidence of flooding in the historical
past.
4. For all other streams not included in section 18.62.050.A.1. 2 and 3. AN all
areas within twenty (201 feet (horizontal distance) of any stream rree dcc g: a:ed
feFidentified as a Riparian Preservation in 18.62.050.8 and
an the official maps
adopted pursuant to section 18.62.060.
5. All areas within ten 1100) feet (horizontal distance) of any stream drainage
channel identified as an Intermittent and Ephemeral Stream depicted on maps
on the official maps adopted pursuant to section
18.62.060.
B. Riparian Rreservatien The folio ing Fleed pia:., CeFF*d^. Lands aFe also
designated fGF Riparian Preservation for the PUFPeses of thus sertion and as
listed on the Physical and EAV*FGRrnental CenStFaints Overlay Maps. Tolman
Hamilton, Clay, BeaF, Kitehen, Ashland, Nell and Wrights CFeeks.
6 B. Hillside Lands - Hillside Lands are lands which are subject to damage from
erosion and slope failure, and include areas which are highly visible from other
portions of the city. The following lands are classified as Hillside Lands:
1. All areas defined as Hillside Lands on the Physical Constraints Overlay map and
which have a slope of 25 percent or greater.
BC. Wildfire Lands - Lands with potential of wildfire. The following lands are classified
as Wildfire Lands:
1. All areas defined as wildfire lands on the Physical Constraints Overlay map.
Ordinance Amending AMC Chapter 18.62 Page 3.
ED. Severe Constraint Lands - ands with severe development characteristics which
generally limit normal development. The following' lands are classified as Severe
Constraint Lands:
1. All areas which are within the floodway channels, as defined in Chapter 15.10.
2. All lands with a slope greater than 35 percent.
FE.. Classifications Cumulative. The above classifications are cumulative in their
effect and, if a parcel of land falls under two or more classifications, it shall be
subject to the regulations of each classification. Those restrictions applied shall
pertain only to those portions of the land being developed and not necessarily to the
whole parcel.
SECTION 6. Section 18.62.070 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Development Standards for Flood Plain Corridor
Lands] is hereby amended to read as follows:
SECTION 18.62.070 Development Standards for Flood plain Corridor Lands.
For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirements of Chapter 15.10:
A. Standards for fill in Flood plain Corridor lands:
1. Fill shall be designed as required by the International Building Code and
International Residential Code, where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as
defined in section 15.10, and the fill shall not exceed the angle of repose of the
material used for fill.
3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill and
other material imported from off the lot that could displace floodwater shall be
limited to the following:
a. Poured concrete and other materials necessary to build permitted structures
on the lot.
b. Aggregate base and paving materials, and fill associated with approved
public and private street and driveway construction.
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and shall not
exceed the above amounts. These amounts are the maximum cumulative fill
that can be imported onto the site, regardless of the number of permits
issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill
materials must be obtained on the lot from cutting or excavation only to the
extent necessary to create an elevated site for permitted development. All
additional fill material shall be obtained from the portion of the lot in the Flood
plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the outside
edge of the Flood plain Corridor as feasible.
B. tream crossing for streets, access or utilities of any
waterway or stream Greek identified on the official maps adopted pursuant to section
18.62.060 must be designed by an engineer. Stream crossings shall be designed to
Ordinance Amending AMC Chapter 18.62 Page 4
the standards of Chapter 15.10, or where no floodway has been identified, to pass a
one hundred (100) year flood without any increase in the upstream flood height
elevation. The engineer shall consider in the design the probability that the culvert
will be blocked by debris in a severe flood, and accommodate expected overflow.
The crossing shall be at right angles to the stream channel to the greatest
extent possible. Fill for stream crossings shall be kept
to the minimum necessary to achieve property access, but is exempt from the
limitations in section (A) above. Gulverting OF bFidging Of StFeams identified as
Ripa.o^^ o.^°^.yation ° ubjeGt to the . nts of 18 co nee
C. Non-residential structures shall be flood-proof to the standards in Chapter 15.10 to
one foot above the elevation contained in the maps adopted by chapter 15.10, or up
to the elevation contained in the official maps adopted by section 18.62.060,
whichever height is greater. Where no specific elevations exist, then they must be
floodproofed to an elevation of ten feet above the Greek stream channel on Ashland,
Bear or Neil Creek; to five feet above the creek tream channel on all other Riparian
-Prpqpn:^ ~^^k>Preservation Streams defined in eGtmen 11Q co nen o identified
on the official maps adopted pursuant to section 18.62.060: and three feet above
the stream channel on all other drainage ways identified Intermittent and
Ephemeral Streams identified on the official maps adopted pursuant to section
18.62.060.
D. All residential structures shall be elevated so that the lowest habitable floor shall be
raised to one foot above the elevation contained in the maps adopted in chapter
15.10, or to the elevation contained in the official maps adopted by section
18.62.060, whichever height is greater. Where no specific elevations exist, then they
must be constructed at an elevation of ten feet above the creek stream channel on
Ashland, Bear, or Neil Creek; to five feet above the creek stream channel on all
other Riparian serve creeks Preservation Streams defines section
118.62:050.6 identified on the official maps adopted pursuant to section
18.62.060: and three feet above the stream channel on all other drainage ways
identified Intermittent and Ephemeral Streams identified on the official maps
adopted pursuant to section 18.62.060, or one foot above visible evidence of high
flood water flow, whichever is greater. The elevation of the finished lowest habitable
floor shall be certified to the city by an engineer or surveyor prior to issuance of a
certificate of occupancy for the structure.
E. To the maximum extent feasible, structures shall be placed on other than Flood plain
Corridor Lands. In the case where development is permitted in the Flood plain
corridor area, then development shall be limited to that area which would have the
shallowest flooding.
F. Existing lots with buildable land outside the Flood plain Corridor shall locate all
residential structures outside the Corridor land, unless 50% or more of the lot is
within the Flood plain Corridor. For residential uses proposed for existing lots that
have more than 50% of the lot in Corridor land, structures may be located on that
portion of the Flood plain corridor that is two feet or less below the flood elevations
on the official maps, but in no case closer than 20 feet to the channel of a Riparian
Preservation Greek Stream identified on the official maps adopted pursuant to
section 18.62.060. Construction shall be subject to the requirements in paragraph D
above.
Ordinance Amending AMC Chapter 18.62 Page 5
G. New non-residential uses may be located on that portion of Flood plain Corridor
lands that equal to or above the flood elevations on the official maps adopted in
section 18.62.060. Second story construction may be cantilevered or supported by
pillars that will have minimal impact on the flow of floodwaters over the Flood plain
corridor for a distance of 20 feet if it does not impact riparian vegetation, and the
clearance from finished grade is at least ten feet in height and have Fninimal
W mpaet on the flow of fleedwateFS. The finished floor elevation may not be more
than two feet below the flood corridor elevations.
H. All lots modified by lot line adjustments, or new lots created from lots which contain
Flood plain Corridor land must contain a building envelope on all lot(s) which
contain(s) buildable area of a sufficient size to accommodate the uses permitted in
the underling zone, unless the action is for open space or conservation purposes.
This section shall apply even if the effect is to prohibit further division of lots that are
larger than the minimum size permitted in the zoning ordinance.
1. Basements.
1. Habitable basements are not permitted for new or existing structures or additions
located within the Flood plain Corridor.
2. Non-habitable basements, used for storage, parking, and similar uses are
permitted for residential structures but must be flood-proofed to the standards
of Chapter 15.10.
J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is
not permitted in Flood plain Corridor lands.
K. Fences struoted ..:N.:^ 20 feet of any Rlpa^a.; o'^°a....Fea^ Creek
designated by this shapteF shall be limited to WiF8 OF sls.d.:.. fee , :
fence that woll not oellect debFiS OF ebStFUGt flood waters, but not Ineluding
WIFe mesh OF ^h^i^ "^k sa^^'^^ Fences shall be located and constructed in
accordance with section 18.63.060.A.5. Fences shall not be constructed across
any waterway or stream identified on the official maps pursuant to section
18.62.060 identified riparian d.ai^a^a OF FlpadaR preservation creek. Fences
shall not be constructed within any designated floodway.
L. Decks and structures other than buildings, if constructed on Flood plain Corridor
Lands and at or below the levels specified in section 18.62.070.C and D, shall be
flood-proofed to the standards contained in Chapter 15.10.
M. Local streets and utility connections to developments in and adjacent to the Flood
plain Corridor shall be located outside of the Flood plain Corridor, except for crossing
the Corridor, and except as provided for in Chapter 18.63 Water Resource
Protection Zones, or in the BeaF Greek Flood plain corridor as outlined below:
1. Public street construction may be allowed within the Bear Creek Flood plain
corridor as part of development following the adopted North Mountain
Neighborhood Plan. This exception shall only be permitted for that section of
the Bear Creek Flood plain corridor between North Mountain Avenue and the
Nevada Street right-of-way. The new street shall be constructed in the general
location as indicated on the neighborhood plan map, and in the area generally
described as having the shallowest potential for flooding within the corridor.
2. Proposed development that is not in accord with the North Mountain
Neighborhood Plan shall not be permitted to utilize this exception.
Ordinance Amending AMC Chapter 18.62 Page 6
SECTION 7. Section 18.62.075 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Development Standards for Riparian
Preservation Lands] is hereby amended to read as follows:
48.62.076 Development Standards for Riparian,-PFesewation-lands on aFeas A. All development indicated fa. Riparian Pre.sewaa^^1 define d
seGtffien 18.62.050(B), shall romply with the following .
Development shall be subject to all Development Standar Is ao. Flood plain
GGFFIdGF Lands (18.62.070)1
2 Any t.ee eveF SIX inches d h h• shall be .eta fined to the greatest extent feasible
Z Coll and Culyerting shall be .nutted O ly fa. streets, arcess, OF Utilities The.
GFOSSing shall be at . ght a gles to the. s ek channel to the w atest exten
possible. Coll shall be kept to a minimum.
SECTION 8. Note: Reservation of Existing Regulations for Purposes of Claims.
Notwithstanding that existing land use regulations are being amended and/or repealed
in this Ordinance and that those amendments and/or repeals shall be reflected in the
Codification of the Ashland Municipal Code, the amendments and/or repeals
implemented by this ordinance shall not be effective for purposes of claims against the
City of Ashland, including but not limited to regulatory taking and Measure 49 claims.
Notwithstanding the amendments and/or appeals shown herein, existing regulations
that are shown as amended or repealed in this Ordinance shall continue in full force and
effect with regard to any claim filed, and shall stand behind the new or amended
regulations should the new or amended regulations be set aside. The City Recorder
shall maintain a copy of the existing 18.62 regulations without the amendments and
repeals implemented by this ordinance for purposes of future claims and shall place a
note in Section 18.110 [Measure 49] indicating the reservation of existing ordinances for
purposes of claims.
SECTION 9. 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 10. Savings. Notwithstanding this amendment/repeal, 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
Ordinance Amending AMC Chapter 18.62 Page 7
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
8-11) 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 2009,
and duly PASSED and ADOPTED this day of 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of , 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC Chapter 18.62 Page 8
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE
PLAN CHAPTER IV, [ENVIRONMENTAL RESOURCES] TO ADD A NEW
AND UPDATED RESOURCE MAPS AND ADOPTING THE LOCAL WETLANDS
INVENTORY AS A SUPPORTING DOCUMENT
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold lined-thfough and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on October 28, 2008 and following deliberations recommended approval of the
amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 21, 2009; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Comprehensive Plan in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. The City of Ashland Comprehensive Plan, Chapter IV,
[ENVIRONMENTAL RESOURCES] is hereby amended to add the 2009 Ashland Water
Resources Map, attached hereto as Exhibit A, and made a part hereof by this reference.
SECTION 3. The City of Ashland Comprehensive Plan, Chapter IV,
[ENVIRONMENTAL RESOURCES] is hereby amended to replace the existing Physical
and Environmental Constraints Floodplain Map with a new 2009 Physical and
Environmental Constraints Floodplain Map Ashland Water Resources Map, attached
hereto as Exhibit B, and made a part hereof by this reference.
SECTION 4 The City of Ashland Comprehensive Plan, Chapter IV,
[ENVIRONMENTAL RESOURCES] is hereby amended to add as a support document
to the Comprehensive Plan, Ashland Local Wetlands Inventory, attached hereto as
Exhibit C, and made a part hereof by this reference.
SECTION 5_ Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the
City Comprehensive Plan and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Sections 1, 4-6) 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 , 2009,
and duly PASSED and ADOPTED this day of 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
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P E
CITY OF
ASHLAND
Council Communication
Appointment to Audit Committee
Meeting Date: April 21, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christebt2washland.or.us
Secondary Dept.: none Secondary Contact: none "
Approval: Martha Bennett Estimated Time:
5m
Question:
Does the Council wish to make the annual appointment to the Audit Committee with term ending
4/30/2012?
Staff Recommendation:
None
Background:
This is the annual appointment to the Audit Committee with a term ending 4/30/2012. The vacancy
.was created upon the election of member Greg Lemhouse to the City Council in 2008.
Applications were received from Roberta Stebbins and Martin Levine.
Related City Policies:
Resolution No. 2008-24
Council Options:
Choose to appoint Roberta Stebbins or Martin Levine to the Audit Committee.
Potential Motions:
Motion to appoint to the Audit Committee with a term ending 4/30/2012.
Attachments:
Applications received
Resolution No. 89-24
Page 1 of I
~r,
RESOLUTION NO. 004 -o
A RESOLUTION CLARIFYING THE DUTIES AND RESPONSIBILITIES OF THE
MUNICIPAL AUDIT COMMITTEE AND MAKING THE CITY RECORDER AN EX
OFFICIO MEMBER AND REPEALING RESOLUTION NO. 2003-07.
RECITALS:
A. The role and responsibilities of the Municipal Audit Committee were established in
June 1991 pursuant to Resolution 91-16. The committee was re-established in 1995
with modified objectives and responsibilities as set forth in Resolution 95-24, 98-06 and
2003-07. Recent changes in audit requirements and internal operations create a need
to adjust the responsibilities of the committee and its members.
B. The city council desires to reaffirm the expectations and composition of the
committee, making the city recorder a non-voting member and allowing the mayor to
serve as a voting member.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Committee Established. The Municipal Audit Committee is established and
shall consist of four voting members. The committee may request the presence of any
city official at its meetings.
SECTION 2. Terms. Qualifications Vacancies.
A. Four voting members shall be appointed by the City Council and shall
consist of one council member or mayor, one budget committee member,
and two citizens at large. The fifth member shall be the city recorder, a
non-voting member. The terms of the council member or mayor and
budget committee member shall be for one year each expiring on April 30
of each year; and the terms for the citizens at large shall be for three-year
terms, expiring on April 30, or until their respective successors are
appointed and qualified. In such a case as both.at large positions are
filled simultaneously the terms shall be staggered for two and three years.
B. In making the appointments, the council shall give preference to persons
with accounting or auditing experience, background or expertise.
C. Any committee member, other than the city recorder, who is absent,
without prior permission from the chair, from two or more meetings in a
one-year period shall be considered no longer active and the position
vacant, and a new person shall be appointed to complete the term.
SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The
committee shall establish rules for its meetings and shall meet at least semi-annually
(once prior to the onsite audit and once to receive the annual report) and at such other
times as may be necessary.
SECTION 4. Responsibilities. The committee shall be responsible to:
A. Recommend to the council an independent firm of certified public
accountants, qualified to perform the annual audit of the city.
B. Analyze and report to the council significant findings in the annual audit
report and make recommendations regarding such findings.
C. Make recommendations, if any, to the council regarding the following
financial documents:
1. Annual financial statements,
2. Management letter submitted by the independent auditor,
3. Response to management letter submitted by city staff, and
4. Financial Management Policies.
D. Review component unit information as necessary in relation to the city's
annual financial report and recommendation(s) to be made to council.
E. Perform similar duties for the Ashland Parks and Recreation Commission
as authorized by the Commission.
SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to
the council. Reports or recommendations of the committee shall be considered advisory
in nature and shall not be binding on the mayor or city council or Parks Commission.
SECTION 6. Repeal. Resolution No. 2003-07 is repealed.
This re lution was duly PASSED and ADOPTED this _Z_ day of
Aar6ara d t kes effect signing by the Mayor.
hrist ensen, City Recorder
SIGNED and APPROVED this / day of 2008.
John W. Mornso Mayor
viewed qA_io fo
V~~ 7~)L:
Rich rd Appi o, City Attorney
Page I of 1
Barbara christensen - Re: Audit committee
From: "Martin H. Levine, CPA" <mhl@mhlcpa.com>
To: Barbara Christensen <barbarac@ashland.or.us>
Date: 1/12/2009 3:58 PM
Subject: Re: Audit committee
CC: Lee Tuneberg <tuneberl@ashland.or.us>
Hi Barb!
Consider this my "official" request for consideration as a member of the city's Municipal Audit
Committee. I understand the appointment, if made, will be affective after April 30th, 2009.
Thanx!
Marty
The advice we provide in this communication is not intended or written to be used, a
MARTIN H. LEVINE
Certified Public Accountant
Come visit us @ www.mhlcpa.com
Lee Tuneberg wrote:
Marty-
There is one position open and you should contact Barb Christensen to apply. H
thanks
lee
This email is official business of the City of Ashland, and it is subject to or
Lee Tuneberg
Administrative Services and Finance Director
541-552-2003
i
file://C:\Documents and Settings\christeb\Local Settings\Temp\XPGrpWise\496B68B6As... 1/12/2009
(1/2012009) Barbara christensen - Re: Audit Page 1
From: "Roberta Stebbins" <robertas@mind.net>
To: "Lee Tuneberg" <tuneberl@ashland.or.us>
CC: <christeb@ashland.or.us>
Date: 1/1612009 10:45 AM
Subject: Re: Audit
Good Morning,
I just returned last evening via Redding, thanks to United's decision to
drop us there, so am late in replying to your message.
I did not file for the audit committee, but if you feel I might be of
service there, I am happy to do so. You know I am always pleased to give a
little back to this city that gives me so much, and more importantly, the
high esteem in which I hold you and every member of your Finance Department
(even when I don't always agree with you).
So, Barbara, pleased consider this my "hat in the ring". If you need
further info, let me know. I do not know when the appointments are being
made; I may be too late.
It was nice to hear from you. I always support you even if not
physically on a committee.
Roberta
Original Message
From: "Lee Tuneberg" <tuneberl@ashland.or.us>
To, "Roberta Stebbins" <robertas@mind.net>
Sent: Monday, January 12, 2009 2:20 PM
Subject: Audit
Roberta-
I hope the new year has been good for you.
Things are much the same here but I just have to ask...
Have you thought about applying to be on the audit committee again? We
could certainly use your experience.
lee
This email is official business of the City of Ashland, and it is subject to
Oregon public records law for disclosure and retention. If you have
received this message in error,-please let me know.
Lee Tuneberg
Administrative Services and Finance Director
541-552-2003
No virus found in this incoming message.
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CITY OF
-ASHLAND
Council Communication
Ordinance Amending the Sign Code Chapter 18.96: Second Reading
Meeting Date: April 21, 2009 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: Community Devel 1~ent Secondary Contact: Brandon Goldman
Approval: Martha Benne, Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance amending the Ashland Land Use Ordinance Sign Regulations Chapter (AMC 18.96)
Concerning Recommendations for Additional Signage by the 2008 Downtown Task Force?"
Staff Recommendation:
Staff recommends Council approve the Second Reading and adopt this ordinance.
Background:
On April 7, 2009 the Council considered the proposed ordinance amending the sign code and directed
changes, including the following:
The following Three-Dimensional Sign allowance was deleted from Section 6 of the ordinance and
subsequent section renumbered:
4. Three Nmensional-~.
lUumber
n
50 lineal feet. Th*s *s addition to the limitafiens establ-ish-P-n in
wall. eround. a Ras.
h C 0...,. A _..O
Zr
P. °-rrncpmpmt.
The three dimensional siffn shall he leeated a minimumin of ten feet &em a arenem line and-no
d. Dimensions.
No three dimensional sien shall have a heielit.wWth, or denth in exeess of six feet;
e. Volume.
rvetanEular eube endesine the extreme limits of nil varts of the sk!n and shall not exeeed 2-0
or denth shall be eonsWered one foot-.
L Materials
The three dimensional siens shall be eonstrueted of Faetahweed. bronze. eonerete. stone
telass, u1.i rL.PJJi or other durable matedal, all of whieh are treated to prevent eerresion
dimensional swe-s shall not be internn'bi, illuminated or eentain any eleetrm*
g. Three di-p-manal signs leented in - Histerie Distriet shall be limited to th
Page 1 of 3
CITY OF
ASHLAND
In addition, the following changes are proposed based on comments during the study session and
staff's proofreading of the ordinance:
In Section 2, the definition of construction sign is shortened:
10. Construction sign
A temporary sign erected on the premises where construction is taking place during the period of
construction,
In Section 2, definitions for Real Estate and Replacement sign are correctly alphabetized, definitions
formerly 21-25 are renumbered, and the definition for Real Estate sign is made less content based:
28. Real Estate Sien
A siEn veirtain*ne to the sale or lease of the premoses, or nortion of the premises, on whieh the-m--
loemed
23. Real Estate Sign
Awn erected on the premises, where the property, or a portion of the property, is actively listed for
sale or lease, during the period of sale or lease.
In Section 4, superfluous text at the end of 18.96.040F is removed:
F. No three-dimensional statue, caricature or representation of persons, animals or merchandise shall be used
as a sign or incorporated into a sign structure except as may be provided in Sections 18.96.080(B15, and
)4 .
Section 10 "Codification" is modified to add that the City Recorder may correct the existing mistaken cross-
reference in AMC 18.96.050 A.3. (should be 18.96.130 not 18.96.150)
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", or another word, and the sections of this Ordinance
may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Sections 1, 8-10) need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors, including correcting the existing mistaken cross-reference in AMC 18.96.050 A.3.
(should he 18.96.130 not 18.96.150).
These changes are reflected in the revised ordinance and must be read at second reading.
Related City Policies:
Ashland City Charter Article X
Council Options:
(1) Move to approve Second Reading of "An Ordinance amending the Ashland Land Use Ordinance
Sign Regulations Chapter (AMC 18.96) Concerning Recommendations for Additional Signage by the
2008 Downtown Task Force"
(2) Postpone Second Reading.
Potential Motions:
Staff: [Conduct Second Reading] [Read Changes from First Reading].
Page 2 of 3
CITY OF
ASHLAND
Council: Motion to approve Second Reading of "An Ordinance amending the Ashland Land Use
Ordinance Sign Regulations Chapter (AMC 18.96) Concerning Recommendations for Additional
Signage by the 2008 Downtown Task Force
Attachments:
Ordinance with changes noted herein
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
SIGN REGULATIONS CHAPTER (AMC 18.96) CONCERNING RECOMMENDATIONS
FOR ADDITIONAL SIGNAGE BY THE 2008 DOWNTOWN TASK FORCE
Annotated to show deletiens and additions to the code sections being modified.
Deletions are bold Uned-thfeugh and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shoo 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the Mayor of the City of Ashland formed a Downtown Task Force to make
recommendations to the Ashland Planning Commission and Ashland City Council
concerning inter alia the appropriate amount of signage in the commercial downtown
overlay district, and other areas; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on February 10, 2009 and following deliberations recommended approval of the
amendments, with modifications, to the City Council on February 24, 2009; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 7, 2009; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. Chapter 18.96.020 of the Ashland Municipal Code [SIGN
REGULATIONS: Definitions Related to Signs] is hereby amended to read as follows:
SECTION 18.96.020 Definitions Relating to Signs.
1. Alteration
Any change excluding content, and including but not limited to the size, shape,
method of illumination, position, location, materials, construction, or supporting
structure of a sign.
2. Area
The area mnGluded within the outeF dimensions of a sign.
The entire area within circles, triangles or rectangles which enclose the
extreme limits of lettering, logo, trademark, or other graphic representation,
together with any frame or structural trim forming an. integral part of the
display used to differentiate the sign from the background against which it is
placed. In the case of a multi-faced sign, the area of each face shall be included in
determining sign area, excepting double-faced signs placed no more than 24 inches
back-to-back.
3. Awning
A temporary or movable shelter supported entirely from the exterior wall of a building
and composed of non-rigid materials except for the supporting framework.
4. Building Face of Wall
All window and wall area of a building in one plane or elevation.
5. Bulletin Board or Reader Board
A sign of a permanent nature, but which accommodates changeable copy.
6. Business
A commercial or industrial enterprise.
7. Business Frontage
A lineal front footage of a building or portion thereof devoted to a specific business
or enterprise, and having an a pedestrian entrance/exit open to the general public
during all business hours .
8. Business Premises
A parcel of property or that portion thereof occupied by one tenant.
9. Canopy
A non-movable roof-like structure attached to a building.
10. Construction sign
A temporary sign erected on the premises where construction is taking place
during the period of construction.
a-0.11. Direct Illumination
A source of illumination on the surface of a sign or from within a sign.
44-.12.Election
The time designated by law for voter to cast ballots for candidates and measures.
1213. Flashing Sign
Sign Code Amendments April 21, 2009 Page 2 of 15
A sign incorporating intermittent electrical impulses to a source of illumination or
revolving or moving in a manner which creates the illusion of flashing, or which
changes color or intensity of illumination. This definition is to include electronic time,
date and temperature signs.
13.rent~a
A single wall surfaGe of a building faGing a given diFeGtIGR.
14. Ground Siqn
A sign erected on a free-standing frame, mast or pole and not attached to any
building. Also known as a "free-standing sign".
15. Indirect Illumination
A source of illumination directed toward a sign so that the beam of light falls upon
the exterior surface of the sign.
16. Illegal Sign
A sign which is erected in violation of the Ashland Sign Code (18.96).
17. Marquee Sign
A sign which is painted on, attached to, or supported by a marquee, awning or
canopy.
18. Marquee
A non-movable roof-like structure which is self-draining.
19. Non-conforming Sign
An existing sign, lawful at the time of enactment of this Ordinance, which does not
conform to the requirements of this Code.
20. Projecting Signs
Signs other than wall signs, which are attached to and project from a structure or
building face, usually perpendicular to the building face.
21. Portable Siqn
A permitted sign not permanently attached to the around or other permanent
structure including sandwich boards, pedestal signs, 'A' Frame signs, flags,
and wind sians (not including flags of national, state or city governments).
22. Public Art
Public Art defined, approved, and installed in accordance with section 2.17 of
the Ashland Municipal Code shall not be regulated as a sign per the
provisions of this Chapter.
23. Real Estate Sign
A sign erected on the premises, where the property, or a portion of the
property, is actively listed for sale or lease, during the period of sale or lease.
24. Replacement Sian
A change in the size or materials of a sign in a location where a permitted sign
had previously existed prior to the proposed installation
24-.25. Roof Sign
Any sign erected upon, against, or directly above a roof or top of or above the
parapet of a building.
22-26. Shopping Center or Business Complex
Any business or group of businesses which are in a building or group of buildings,
on one or more lots which are contiguous or which are separated by a public right-
Sign Code Amendments April 21, 2009 Page 3 of 15
of-way or a privately owned flag drive used for access and not greater than 35 feet in
width, which are constructed and/or managed as a single entity, and share
ownership and/or function.
23.27.Sign
Any identification, description, illustration, symbol or device which is placed or
affixed directly or indirectly upon a building, structure, or land, Interior illuminated
panels, fascia strips, bands, columns, or other interior illuminated decorative
features located on or off a structure, visible from the public right-of-way, and with or
without lettering or graphics shall also be considered a sign and included in the
overall sign area of the site. Public Art shall not be considered a sign.
24.28. Sign, Public
A sign erected by a public officer or employee in the performance of a public duty
which shall include, but not be limited to, motorist informational signs and warning
lights.
25-29. Street Frontage
The lineal dimension in feet that the property upon which a structure is built abuts a
public street or streets.
26.30. Temporary Sign
A sign which is not permanently affixed. All devices such as banners, pennants,
flags, (not including flags of national, state or city governments), searchlights;
signs, curb signs, balloons or other air or gas-filled
balloons.
31. Three-Dimensional Sign
A sign which has a depth or relief on its surface greater than six inches
exclusive of the supporting sign structure and not to include projecting wall
signs.
32. Vehicle Sign
A sign mounted on a vehicle, bicycle, trailer or boat, or fixed or attached to a
device for the purpose of transporting from site-to-site.
27.33. Wall Graphics
Including but not limited to any mosaic, mural or painting or graphic art technique or
combination or grouping of mosaics, murals, or paintings or graphic art techniques
applied, implanted or placed directly onto a wall or fence.
234. Wall Sign
A sign attached to or erected against the wall of a building with the face in a parallel
plane of the building wall.
29-35. Wind Sign or Device
Any sign or device in the nature of banners, flags, balloons, or other objects
fastened in such a manner as to move upon being subject to pressures by wind or
breeze.
SECTION 3. Chapter 18.96.030 of the Ashland Municipal Code [SIGN
REGULATIONS: Exempted Signs]- is hereby amended to read as follows:
SECTION 18.96.030 Exempted Signs.
Sign Code Amendments April 21, 2009 Page 4 of 15
The following signs and devices shall not be subject to the provisions of this chapter
except for 18.96.040 and 18.96.140
A. Informational signs placed by the City of Ashland, or by the State or Oregon in the
publicly owned right-of-way. Collective identification or directory signs placed by
the City of Ashland showing the types and locations of various civic,
business, recreation, historic interest areas, or other similar uses, when such
signs are located on publically owned right-of-way or on City of Ashland
property.
B. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in
size.
C. Flags of national, state or local governments.
D. Signs within a building provided they are not visible to persons outside the building.
E. Temporary signs not exceeding four square feet, provided the signs are erected no
more than 45 days prior to and removed within seven days following an election.
(Ord 2844; S1 1999)
F. Temporary, non-illuminated real estate t^^• than one per tax GQ eF
senStr+fctien signs not exceeding six square feet in residential areas or twelve
square feet in commercial and industrial areas, provided said signs are removed
within fifteen days from the sale, lease or rental of the property OF - within seven
days of completion of the PFGieGt-.
Such signs shall be limited to one sign per
lot. Freestanding temporary real estate signs shall be no greater than five
feet above grade.
G. Temporary non-illuminated construction signs on a lot with an aggregate area
not exceeding sixteen (16) square feet in residential areas or thirty-two (32)
square feet in commercial and industrial areas, provided said signs are
removed within seven days of completion of the project. Such signs shall be
limited to no more than four signs per lot. Freestanding temporary
construction signs shall be no greater than five feet above grade.
H. Small incidental signs provided said signs do not exceed two square feet in area per
sign, not more than two in number on any parcel or two per street business
frontage, whichever is greater. Within the Downtown Design Standards Zone,
three incidental signs with a total area of seven square feet, provided no
single incidental sign exceeds three square feet in area, are allowable per
business frontage.
1. Temporary signs painted or placed upon a window in a non-residential zone,
when such signs do not obscure more than twenty percent of such window area, and
are maintained for a period not exceeding seven days. Signs which remain longer
than seven days will be considered permanent and must comply with the provisions
of the Ashland Sign Code (18.96).
J. Any sign which is not visible to motorists or pedestrians on any public highway,
sidewalk, street or alley.
J K. Strings of Lights. Strings of 7neandessent lights in non-residential zones where
.the lights do not exceed 5 watts per bulb, the bulbs are plaGed no G1068F than "
wand do not flash or blink in any way. Strings of lights in residential zones are
not regulated.
Sign Code Amendments April 21, 2009 Page 5 of 15
K-. L-. Temporary non-illuminated signs not exceeding 16 square feet for charitable
fundraising events placed by non-profit and charitable organizations. Such signs
shall not be placed more than seven days prior to the event and must be removed
within two days following the event. No more than two such events may be
advertised in this manner per lot per year.
All of the foregoing exempted signs shall be subject to the other regulations
contained in this Chapter 18.96 relative to the size, lighting or spacing of such sign.
SECTION 4. Chapter 18.96.040 of the Ashland Municipal Code [SIGN
REGULATIONS: Prohibited Signs] is hereby amended to read as follows:
SECTION 18.96.040 Prohibited Signs.
A. No sign, unless exempted or allowed pursuant to this Chapter, shall be permitted
except as may be provided in Section 18.96.030.
B. No movable sign, temporary sign or bench sign shall be permitted except as may be
provided in Section 18.96.030.
C. No wind sign, device, or captive balloon shall be permitted except as may be
provided in Section 18.96.030 and 18.96.080(B)6
D. No flashing signs shall be permitted.
E. No sign shall have or consist of any moving, rotating, or otherwise animated part.
F. No three-dimensional statue, caricature or representation of persons, animals or
merchandise shall be used as a sign or incorporated into a sign structure except as
may be provided in Sections 18.96.080(B)S.
G. No public address system or sound devices shall be used in conjunction with any
sign or advertising device.
H. No roof signs or signs which project above the roof shall be permitted.
1. No exposed sources of illumination shall be permitted on any sign, or for the
decoration of any building, including, but not limited to, neon or fluorescent tubing
and flashing incandescent bulbs, except when the source of illumination is within a
building, and at least ten (10) feet from a window which allows visibility from the
public right-of-way, or when a sign is internally illuminated or the source of light is
fully shielded from the public view.
J. No signs which use plastic as part of the exterior visual effects or are internally
illuminated in the Historic District, as identified in the Ashland Comprehensive Plan,
or in any residential districts shall be permitted.
K. No bulletin boards or signs with changeable copy shall be permitted, except as
allowed in Section 18.96.060(D).
L. No wall graphics shall be permitted.
M. No unofficial sign which purports to be, is an imitation of, or resembles an official
traffic sign or signal, or which attempts to direct the movement of traffic, or which
hides from view any official traffic sign or signal shall be permitted.
N. Vehicle signs used as static displays such that the primary purpose of the
vehicle is the display of the sign, placed. or parked
pfeniises-er on the public right-of-way for a continuous period of 2 days or
Sign Code Amendments April 21, 2009 Page 6 of 15
more. Vehicles and equipment regularly used in the conduct of the business
such as delivery vehicles, construction vehicles, fleet vehicles, or similar
uses, shall not be subjected to this prohibition.
SECTION 5. Chapter 18.96.080 of the Ashland Municipal Code [SIGN
REGULATIONS: Commercial Downtown Overlay District (C-1-D)] is hereby amended to
read as follows:
SECTION 18.96.080 Commercial-Downtown Overlay District (C-1-D).
Signs in the Commercial-Downtown Overlay District shall conform to the following
regulations:
A. Special Provisions.
1. Frontage.
The number and use of signs allowed by virtue of a given business frontage shall
be placed only upon such business frontage. and no building shall be Gredited
with more than two business s""stages
2. Aggregate number of signs.
The aggregate number of signs for each business shall be two signs for each
business frontage (a fFOn«age with a en•.aneetexit open to the a ...1
publiG).
3. Material.
No sign in the Commercial-Downtown Overlay District shall use plastic as part of
the exterior visual effects of the sign.
4. Aggregate area of signs.
The aggregate area of all signs established by and located on a given street
frontage shall not exceed an area equal to one square foot for each lineal foot of
street frontage. Aggregate area shall not include nameplates, and real estate and
construction signs.
B. Types of Signs Permitted.
1. Wall Signs.
a. Number.
Two signs per building frontage shall be permitted for each business, or one
sign per frontage for a group of businesses occupying a single common
space or suite.
b. Area.
Total sign area shall not be more than one square feet of sign area fe
one lineal feet of legal business fFentage This area shall not a ed
sixty a feet
Buildings with two or fewer business frontages shall be permitted one
square foot of sign area for each lineal foot of business frontage. For
the third and subsequent business frontages on a single building, the
business shall be permitted one square foot of sign area for every two
lineal feet of business frontage. The maximum sign area on any single
Sign Code Amendments April 21, 2009 Page 7 of 15
c
business frontage shall not exceed sixty (60)square feet.
Business frontages of three or more, on a single building, shall comply
with the following criteria established within the City's Site Design and
Use Standards:
L A pedestrian entrance designed to be attractive and functional, and
open to the public during all business hours
ii. The pedestrian entrance shall be accessed from a walkway
connected to a public sidewalk.
c. Projection.
Signs may project a maximum of eighteen :nGhes two feet from the face of
the building to which they are attached, provided the lowest portion of the sign
is at least eight feet above grade. Any portion lower than eight feet may only
project four inches.
d. Extension above roof line.
Signs may not project above the roof or eave line of the building.
2. Ground Signs.
a. Number.
One sign, in lieu of a wall sign, shall be permitted for each lot with a street
frontage in excess of fifty lineal feet. Corner lots can count one street
frontage. Two or more parcels of less than fifty feet may be combined for
purposes of meeting the foregoing standard.
b. Area.
Signs shall not exceed an area of one square foot for each two lineal feet of
street frontage, with a maximum area of sixty square feet per sign.
c. Placement.
Signs shall be placed so that no sign or portion thereof shall extend beyond
any property line of the premises on which such sign is located. Signs on
corner properties shall also comply with the vision clearance provisions of
Section 18.96.060(F).
d. Height.
No ground sign shall be in excess of five feet above grade.
3. Marquee or Awning Signs.
a. Number.
A maximum of two signs shall be permitted for each business frontage in lieu
of wall signs.
b. Area. Signs shall not exceed the permitted aggregate sign area not taken up
by a wall sign.
c. Proiection.
Signs may not project beyond the face of the marquee if suspended, or above
the face of the marquee if attached to and parallel to the face of the marquee.
d. Height.
Signs shall have a maximum face height of nine inches if placed below the
Sign Code Amendments April 21, 2009 Page 8 of 15
marquee.
e. Clearance above cirade.
The lowest portion of a sign attached to a marquee shall not be less than
seven feet, six inches above grade.
f. Signs painted on a marquee.
Signs can be painted on the marquee in lieu of wall signs provided the signs
do not exceed the permitted aggregate sign area not taken up by wall signs.
4. Projection Signs.
a. Number.
One sign shall be permitted for each business or group of businesses
occupying a single common space or suite in lieu of a wall sign.
b. Area.
Except for marquee or awning signs, a projecting sign shall not exceed an
area of one square foot for each two feet of lineal business frontage that is
not already utilized by a wall sign. The maximum area of any projecting sign
shall be 15 square feet.
c. Projection.
Signs may project from the face of the building to which they are attached a
maximum of two feet if located eight feet above grade, or three feet if located
nine feet above grade or more.
d. Height and extension above roof line.
Signs shall not extend above the roofline, eave or parapet wall of the building
to which they are attached, or be lower than eight feet above grade.
e. Limitation on placement.
No projecting sign shall be placed on any frontage on an arterial street as
designated in the Ashland Comprehensive Plan.
5. Three-Dimensional Signs.
a. Number.
One three-dimensional sign shall be permitted for each lot in lieu of one
three square foot incidental sign otherwise allowed per 18.96.030H.
b. Surface Area.
Flat surfaces in excess of two square feet shall count toward the total
aggregate sign area per 18.96.080(A)4.
c. Placement.
The three-dimensional sign shall be located so that no sign or portion
thereof is within a public pedestrian easement or extends beyond any
property line of the premises on which such sign is located into the
public right-of-way unless the sign is attached to the face of the building
and located eight feet above grade, or the sign is attached to a marquee
with the lowest portion of the sign not less than seven feet, six inches
above grade not projecting beyond, or above, the face of the marquee.
d. Dimensions.
No three-dimensional sign shall have a height, width, or depth in
excess of three feet.
Sign Code Amendments April 21, 2009 Page 9 of 15
e. Volume.
The volume of the three-dimensional sign shall be calculated as the
entire volume within a rectangular cube enclosing the extreme limits of
all parts of the sign and shall not exceed three (3) cubic feet. For the
purposes of calculating volume the minimum dimension for height,
width, or depth shall be considered one foot.
f. Materials
The three-dimensional signs shall be constructed of metal, wood,
bronze, concrete, stone, alass, clay, fiberglass, or other durable
material, all of which are treated to prevent corrosion or reflective glare.
Three dimensional signs shall not be constructed of plastic. Three
dimensional signs shall not be internally illuminated or contain any
electrical component.
6 Portable Business Signs
a. Number
One portable business sign, limited to sandwich boards, pedestal signs,
'A' frame signs, flags, and wind signs, shall be allowed on each lot
excepting that buildings, businesses, shopping centers, and business
complexes with permanent around signs shall not be permitted to have
portable signs.
b. Area.
Sign area shall be deducted from the aggregate sign allowed for exempt
incidental signs established in 18.96.030(H). Signs shall not exceed an
area of four (4) square feet per face includina any border or trim, and
there shall be no more than two (2) faces.
c. Height.
Sandwich board sians and 'A' frame sians shall not extend more than
three (3) feet above the around on which it is placed. Pedestal signs
shall not extend more than four (4) feet above the around on which it is
placed. A freestanding wind sign shall not extend more than five (5) feet
above the around on which it is placed.
d. Placement.
Signs shall be placed so that no sian or portion thereof shall extend
beyond any property line of the premises on which such sign is located.
Portable signs shall be located within ten feet of the business entrance
and shall not be placed on public right-of-way. No portable business
sian shall be constructed and placed so as to interfere with pedestrian
ingress and egress as regulated within the Ashland Municipal Code.
e. General Limitations
Signs shall be anchored, supported, or designed as to prevent tipping
over, which reasonably prevents the possibility of signs becoming
hazards to public health and safety. Signs shall not be constructed of
plastic, illuminated or contain any electrical component. No objects
shall be attached to a portable sign such as but not limited to balloons.
Sign Code Amendments April 21, 2009 Page 10 of 15
banners. merchandise, and electrical devices. Portable business signs
shall be removed at the daily close of business. These signs are
Prohibited while the business is closed.
SECTION 6. Chapter 18.96.090 of the Ashland Municipal Code [SIGN
REGULATIONS: Commercial, Industrial and Employment Districts] is hereby amended
to read as follows:
SECTION 18.96.090 Commercial, Industrial and Employment Districts.
Signs in commercial, industrial and employment districts, excepting the Downtown-
Commercial Overlay District and the Freeway Overlay District, shall conform to the
following regulations:
A. Special Provisions.
1. Frontage.
The number and use of signs allowed by virtue of a given business frontage shall
be placed only upon such business frontage. and no building shall be Gredited
2. Aggregate number of signs.
The aggregate number of signs for each business shall be two signs for each
business frontage.
3. Aggregate area of signs.
The aggregate area of all signs established by and located on a given street
frontage, shall not exceed an area equal to one square foot of sign area for each
lineal foot of street frontage. Aggregate area shall not include nameplates, and
temporary real estate and construction signs.
B. Types of Signs Permitted.
1. Wall Signs.
a. Number.
Two signs per building frontage shall be permitted for each business, or one
sign per frontage for a group of businesses occupying a single common
space or suite.
b. Area.
Total sign area shall not be more than one square feet of sign area fe
one I:neal foot of legal h..°iness frontage This area shall not w ee d
sixty squaFe feety
Buildings with two or fewer business frontages shall be permitted one
square foot of sign area for each lineal foot of business frontage. For
the third and subsequent business frontages on a single building, the
business shall be permitted one square foot of sign area for every two
lineal feet of business frontage. The maximum sign area on any single
business frontage shall not exceed sixty (60)square feet.
Business frontages of three or more, on a single building, shall comply
with the following criteria established within the City's Site Design and
Sign Code Amendments April 21, 2009 Page 11 of 15
Use Standards:
L A pedestrian entrance designed to be attractive and functional, and
open to the public during all business hours
ii. The pedestrian entrance shall be accessed from a walkway
connected to a public sidewalk.
c. Projection.
Except for marquee or awning signs, a projecting sign may project a
maximum of eighteen es two feet from the face of the building to which
they are attached, provided the lowest portion of the sign is at least eight feet
above grade. Any portion lower than eight feet can only project four inches.
d. Extension above roof line.
Signs may not project above the roof or eave line of the building.
2. Ground Signs.
a. Number.
One sign shall be permitted for each lot with a street frontage in excess of fifty
lineal feet. Corner lots can count both street frontages in determining the
lineal feet of the street frontage but only one ground sign is permitted on
corner lots. Two or more parcels of less than fifty feet may be combined for
purposes of meeting the foregoing standard.
b. Area.
Signs shall not exceed an area of one square foot for each two lineal feet of
street frontage, with a maximum area of sixty square feet per sign.
c. Placement.
Signs shall be placed so that no sign or portion thereof shall extend beyond
any property line of the premises on which such sign is located. Signs on
corner properties shall also comply with the vision clearance provisions of
Section 18.96.060(F).
d. Height.
No ground sign shall be in excess of five feet above grade.
3. Awning or Marquee Signs.
a. Number.
Two signs shall be permitted for each business frontage in lieu of wall signs.
b. Area.
Signs shall not exceed the permitted aggregate sign area not taken up by a
wall sign.
c. Projection.
Signs may not project beyond the face of the marquee if suspended, or above
or below the face of the marquee if attached to and parallel to the face of the
marquee.
d. Height.
Signs shall have a maximum face height of nine inches if attached to the
marquee.
e. Clearance above grade.
The lowest portion of a sign attached to a marquee shall not be less than
seven feet, six inches above grade.
Sign Code Amendments April 21, 2009 Page 12 of 15
f. Signs painted on a marquee.
Signs can be painted on the marquee in lieu of wall sign provided the signs
do not exceed the permitted aggregate sign area not taken up by wall signs.
4. Portable Business Signs
a. Number
One portable business sign, limited to sandwich boards, pedestal signs,
'A' frame signs, flaps, and wind signs, shall be allowed on each lot
excepting that buildings, businesses, shopping centers, and business
complexes with permanent ground signs shall not be permitted to have
portable signs.
b. Area.
Sign area shall be deducted from the aggregate sign allowed for exempt
incidental signs established in 18.96.030(H). Signs shall not exceed an
area of four (4) square feet per face including any border or trim, and
there shall be no more than two (2) faces.
c. Height.
Sandwich board signs and 'A' frame signs shall not extend more than
three (3) feet above the ground on which it is placed. Pedestal signs
shall not extend more than four (4) feet above the ground on which it is
placed. A freestanding wind sign shall not extend more than five (5) feet
above the around on which it is placed.
d. Placement.
Signs shall be placed so that no sign or portion thereof shall extend
beyond any property line of the premises on which such sign is located.
Portable signs shall be located within ten feet of the business entrance
and shall not be placed on public right-of-way. No portable business
sign shall be constructed and placed so as to interfere with pedestrian
ingress and egress as regulated within the Ashland Municipal Code.
e. General Limitations
Signs shall be anchored, supported, or designed as to prevent tipping
over, which reasonably prevents the possibility of signs becoming
hazards to public health and safety. Signs shall not be constructed of
plastic, illuminated or contain any electrical component. No objects
shall be attached to a portable sign such as but not limited to balloons,
banners, merchandise, and electrical devices. Portable business signs
shall be removed at the daily close of business. These signs are
prohibited while the business is closed.
SECTION 7. Chapter 18.96.110 of the Ashland Municipal Code [SIGN
REGULATIONS : Abatement of Nuisance Signs] is hereby amended to read as follows:
SECTION 18.96.110 Abatement of Nuisance Signs.
The following signs are hereby declared a public nuisance and shall be removed or the
nuisance abated:
Sign Code Amendments April 21, 2009 Page 13 of 15
A. Flashing sign visible from a public street or highway.
B. Temporary,-r movable signs or portable signs located on the publicly owned
right-of-way.
C. Illegal signs.
D. Signs in obvious disrepair which are not maintained according to the standards set
forth in 18.96.120(C).
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. Savings. Notwithstanding this amend ment/repea1, 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 10. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
8-10) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors, including correcting the existing mistaken
cross-reference in AMC 18.96.050 A.3. (should be 18.96.130 not 18.96.150)..
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 2009,
and duly PASSED and ADOPTED this day of 12009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of , 2009.
John Stromberg, Mayor
Sign Code Amendments April 21, 2009 Page 14 of 15
Reviewed as to form:
Richard Appicello, City Attorney
Sign Code Amendments April 21, 2009 Page 15 of 15
CITY OF
-ASH LAN D
Council Communication
Ordinance Delegating of Authority to City Administrator
Meeting Date: April 21, 2009 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Administrate~ Secondary Contact: Martha Bennett
Approval: Mart ha Berm ty/(/►~~ Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Amending AMC 2.28.045, Relating to Delegations of Authority to the City Administrator, Providing
for Authority to Extinguish City Interests in Real Property less than Fee Title, Authority to Enter into
Month to Month Leases of Real Property, Authority to Administratively Waive Food and Beverage
and Transient Occupancy Tax Penalties, Amending AMC 4.24.070 and Amending AMC 4.34.0607
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance.
Background:
On January 6, 2009 the Council authorized delegation of authority to the City Administrator to waive
penalties and interest for certain late payments of food and beverage and transient occupancy taxes,
under specified limited conditions. The attached ordinance incorporates the requested delegation of
authority in Section 2.28.045.E. (City Administrator -Delegated Duties) with cross references in the
TOT and F&B Chapters of the Code.
Legal staff included two additional delegations of authority for housekeeping purposes. The first
additional delegation is located at AMC 2.28.045.C. and allows the City Administrator to extinguish
City interest in real property in limited situations without conducting a public hearing before the City
Council. Adoption of this alternative procedure is authorized under Oregon law. The power delegated
is strictly limited to interests in real property which are less than fee title, (e.g. easements), and requires
a finding that the interest is not necessary for public use, together with sign off by legal counsel and the
responsible department head.
The second additional delegation is located in AMC 2.28.045.13, and grants the Administrator
authority to execute month to month leases without having to bring such leases to the City Council for
approval of an Order or Ordinance.
Related City Policies:
Ashland City Charter Article X
Council Options:
(1) Move to approve First Reading of "An Ordinance Amending AMC 2.28.045, Relating to
Delegations of Authority to the City Administrator, Providing for Authority to Extinguish City
Interests in Real Property less than Fee,Title, Authority to Enter into Month to Month Leases of Real
Property, Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax
Penalties, Amending AMC 4.24.070 and Amending AMC 4.34.060"
(2) Postpone consideration.
Page 1 of 2
CITY OF
-ASHLAND
Potential Motions:
Staff: [Conduct First Reading)
Council: Motion to approve First Reading of "an Ordinance Amending AMC 2.28.045, Relating to
Delegations of Authority to the City Administrator, Providing for Authority to Extinguish City Interests
in Real Property less than Fee Title, Authority to Enter into Month to Month Leases of Real Property,
Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties,
Amending AMC 4.24.070 and Amending AMC 4.34.060" and set second reading for May 5, 2009.
Attachments:
Proposed ordinance
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 2.28.045, RELATING TO DELEGATIONS
OF AUTHORITY TO THE CITY ADMINISTRATOR, PROVIDING FOR
AUTHORITY TO EXTINGUISH CITY INTERESTS IN REAL PROPERTY LESS
THAN FEE TITLE, AUTHORITY TO ENTER INTO MONTH TO MONTH LEASES
OF REAL PROPERTY, AUTHORITY TO ADMINISTRATIVELY WAIVE FOOD
AND BEVERAGE AND TRANSIENT OCCUPANCY TAX PENALTIES,
AMENDING AMC 4.24.070 AND AMENDING AMC 4.34.060.
Annotated to show delet'ans and additions to the code sections being modified.
Deletions are bold and additions are bold underlined.
WHEREAS, ORS 221.725 requires a public hearing when the City extinguishes an
interest in real property; and
WHEREAS, ORS 221.727 allows municipalities to adopt alternative procedures to
ORS 221.725 for the sale of individual parcels of real property, or classes of real
property in which the municipality has any ownership interest, and
WHEREAS, the City would like to establish an alternative procedure that allows the
City Administrator to vacate or extinguish interests in real property for which the City
has less than fee title ownership, and
WHEREAS, ORS 271.360 requires leases of real property owned by municipalities
to be authorized by ordinance or order of the governing body, and
WHEREAS, the City would like to delegate its authority to enter into month to month
leases to the City Administrator because tenants of month to month leases change
regularly, and
WHEREAS, on January 6, 2009, the City Council directed that a limited delegation
of authority be given to the City Administrator to waive penalties and interest for late
payments received less than three business days after the due date, under
specified conditions.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by this reference.
SECTION 2. Amendment. Section 2.28.045 [City Administrator - Delegate Duties]
is hereby amended to read as follows:
2.28.045 City Administrator - Delegated Duties
City Administrator Delegated Duties Ordinance Page 1 of 6
A. Acceptance of real property, or interest therein. Except when a public
hearing before the governing body is required by state or local law, the City
Council hereby authorizes and delegates to the City Administrator the
authority to indicate, for purposes of recording in Official Deed records, the
City of Ashland's acceptance of real property title or an interest in real
property pursuant to ORS 93.808. The City Administrator may execute an
instrument conveying fee title to the City or conveying any interest in real
property to the City, after approval of the form by the City Attorney and
approval of the description of the property by the City Surveyor. City
acceptance shall be in substantially the following form:
CITY ACCEPTANCE (ORS 93.808):
CITY OF ASHLAND. Grantee
By:
City Administrator
City of Ashland, Oregon
STATE OF OREGON)
) ss. 20
Jackson County )
The foregoing instrument was acknowledged before me this day
of 20 , by as City Administrator of the
City of Ashland.
Notary Public for Oregon
My commission expires:
B. Renewal of intergovernmental agreements. The City Council hereby
delegates its authority to renew intergovernmental agreements to the City
Administrator when:
1) state or local law does not require a public hearing before the governing
body7,and
2) the terms of the intergovernmental agreement will remain the same, or be
modified in accordance with the agreement, and
3) the renewal is approved by the City Attorney and the department head that
is affected by the renewal.
City Administrator Delegated Duties Ordinance Page 2 of 6
C. Extinguishing Interest in Real Property. The City Council hereby
delegates its authority to vacate or extinguish City interests in real
property to the City Administrator under the following circumstances:
1) the City interest being vacated or extinguished is less than fee title,
and
2) with the exception of ORS 221.725, state or local law, does not
require a public hearing before the governing body, and
3) the interest in real property is not necessary for public use, and
4) the written order vacating or extinguishing the interest in real
property is approved by the City Attorney and the department head that
is affected by the order.
D. Execute Real Property Leases. The City Council hereby delegates
its authority to enter into month to month leases of real property to the
City Administrator, including but not limited to airport hangar leases,
provided the written order entering into the lease of real property is
approved by the City Attorney and the department head that is affected
by the order. The City Council retains its authority to enter into all
other real property leases of any duration.
E. Waiver of Penalties and Interest for Late Tax Payments. The City
Council hereby delegates its authority to waive penalties and interest
for certain late tax payments to the City Administrator under only the
following circumstances:
1) the waiver of penalties and interest concerns either a tax owed under
AMC 4.24 (Transient Occupancy tax] or under AMC 4.34 (Food and
Beverage tax], and
2) the operator submits a report that is complete and paid in full no
more than seventy-two (72) hours or three work days delinquent,
whichever is longer, and
3) the operator has reported and paid all monies(including food and
beverage and transient occupancy tax) due to the City on or before the
due date for each reporting period for the each of the prior twenty-four
(24) consecutive months or eight (8) consecutive quarters, and
4) the operator has not been the subject of a Food and Beverage tax or
Transient Occupancy tax audit where the City found the operator's
record keeping, reporting or remitting deficient, during the prior twenty-
four (24) consecutive months or eight (8) consecutive quarters, and
City Administrator Delegated Duties Ordinance Page 3 of 6
5) the written order granting the waiver is approved by the City Attorney
and the department head that is affected by the order.
C F. The City Administrator shall biannually report to the City Council on the
matters executed pursuant to this Chapter.
SECTION 3. Amendment. Section 4.24.070 [Penalties and Interest] is hereby
amended to read as follows:
4.24.070 Penalties and Interest
A. Original Delinquency. Any operator who fails to remit any portion of any
tax imposed by this chapter within the time required, shall pay a penalty of
ten percent (10%) of the amount of the tax, in addition to the amount of the
tax.
B. Continued Delinquency. Any operator who fails to remit any delinquent
remittance on or before a period of thirty (30) days following the date on
which the remittance first became delinquent, shall pay a second
delinquency penalty of ten (10%) percent of the amount of the tax in addition
to the amount of the tax and the ten (10%) percent penalty first imposed.
C. Fraud. If the Tax Administrator determines that the nonpayment of any
remittance due under this chapter is due to fraud, a penalty of twenty-five
(25%) percent of the amount of the tax shall be added thereto in addition to
the penalties stated in subparagraphs (A) and (B) of this section.
D. Interest. In addition to the penalties imposed, any operator who fails to
remit any tax imposed by this chapter shall pay interest at the rate of one
percent (1 per month or fraction thereof on the amount of the tax,
exclusive of penalties, from the date on which the remittance first became
delinquent until paid.
E. Penalties Merged with Tax. Every penalty imposed and such interest as
accrues under the provisions of this section shall become a part of the tax
herein required to be paid.
F. Waiver of Penalties. Penalties and interest for certain late tax
payments may be waived pursuant to AMC 2.28.045.E.
SECTION 4. Amendment. Section 4.34.060 [Penalties and Interest] is hereby
amended to read as follows:
4.34.060 Penalties and interest
A. Any operator who fails to remit any portion of any tax imposed by this
chapter within the time required, shall pay a penalty-of ten percent of the
City Administrator Delegated Duties Ordinance Page 4 of 6
amount of the tax, in addition to the amount of the tax.
B. Any operator who fails to remit any delinquent remittance on or before a
period of 60 days following the date on which the remittance first became
delinquent, shall pay a second delinquency penalty of ten percent of the
amount of the tax in addition to the amount of the tax and the penalty first
imposed.
C. If the director determines that the nonpayment of any remittance due
under this chapter is due to fraud, a penalty of 25% percent of the amount of
the tax shall be added thereto in addition to the penalties stated in
subparagraphs A and B of this section.
D. In addition to the penalties imposed, any operator who fails to remit any
tax imposed by this chapter shall pay interest at the rate of one percent per
month or fraction thereof on the amount of the tax, exclusive of penalties,
from the date on which the remittance first became delinquent until paid.
E. Every penalty imposed and such interest as accrues under the
provisions of this section shall become a part of the tax required to be paid.
(Revised June 1993)
F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to
the penalty provisions in paragraphs A, B and C of this section shall be
distributed to the City of Ashland Central Service Fund to offset the costs of
auditing and enforcement of this tax.
G. Waiver of Penalties. Penalties and interest for certain late tax
payments may be waived pursuant to AMC 2.28.045.E.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 6. Savings. 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 7. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "bode", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
City Administrator Delegated Duties Ordinance Page 5 of 6
or re-lettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 1, 5-7) 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 , 2009,
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
er
SIGNED and APPROVED this _ day of , 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
City Administrator Delegated Duties Ordinance Page 6 of 6