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HomeMy WebLinkAbout2009-0908 Council Mtg PACKET CITY OF -ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers . The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 8, 2009 Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Regular Council of August 18, 2009 2. Special Meeting of August 25, 2009 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of September 11 - 20 as Eat Local Week VII. CONSENT AGENDA [5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Jim Mills dba Caldera Brewing Company at 540 Clover Lane? 3. Does the Council wish to approve a Liquor License Application from Jim Mills dba Caldera Tap House at 31 B Street? 4. Does the Council wish to approve a Liquor License Application from Emil McMillan dba BZ's Last Stand & Hacienda at 18 Calle Guanajuato? 5. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement requesting approval to enter into a contract with JACO Environmental to operate and offer a refrigerator and freezer recycling program to Ashland residents? 6. Will the Council approve a joint funding agreement with the US Geological Survey to continue the ongoing water data collection program which requires the City to provide one half of the $48,240 annual cost authorize the City Administrator to sign future agreements? 7. Will the Council, acting as the Local Contract Review Board, award the contract for surplus transformers to Jerry's Electric, Inc. who submitted the highest bid of $8,245.26? 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)) None. COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US 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 1. Will Council authorize staff to conduct Cross Connection surveys/site visits of water customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection exists? [10 Minutes] 2. Does Council approve first reading of an ordinance adding chapter 18.63, Water Resource Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments? [60 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Does the Council have questions for the Oregon Department of Transportation (ODOT) on the work of the Aesthetic Advisory Committee for Exit 14 and Exit 19? [20 Minutes] 2. Should the Council waive Community Development and Engineering fees in the amount of $38,295 (22,770 in Community Development fees and $15,525 in Engineering fees) for 15 affordable ownership housing units being developed by Rogue Valley Community Development Corporation and known as Rice Park? [25 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the Council conduct and approve first reading of an ordinance titled, "An Ordinance Relating to Exclusions from Park Property and Amending AMC 10.68.350" and schedule the ordinance for second reading? [5 Minutes] 2. Would the Council approve first reading of an ordinance to amend Ashland Municpal Code Chapter 2.41, 'Voluntary Contribution & Spending Limits for Candidates for City Offices" and schedule the ordinance for second reading? [10 Minutes] 3. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions," and move the ordinance on to second reading? [20 Minutes] 4. Should the Council approve first reading of an ordinance amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and move the ordinance on to second reading? [20 Minutes] 5. Should the Council approve first reading of an ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards, adding new AMC Chapters 2.10, 2.11, 2.15, 2.19 and 2.29 and amending AMC Chapters 2.12, 2.13, 2.17, 2.18, 2.21, 2.23, 2.24, 2.25 and replealing four resolutions, and move the ordinance on to second reading? [20 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Planning Commission 2. Sister City 40th Anniversary Visit XIV. SUMMARY OF MEETING XV. 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 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US ASHLAND CITY COUNCIL MEETING August 18, 2009 Page I of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 18, 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'S ANNOUNCEMENTS Mayor Stromberg referenced an article in the Oregonian regarding the care and honor a soldier in the 1/1 80h Infantry Battalion of the 41" Brigade Combat Team of the Oregon National Guard (1/186) received from his fellow guardsmen after losing his leg in an explosion. City Administrator Martha Bennett provided a brief report on the water supply explaining Ashland is using 3 million gallons more a day resulting in a 1 % draw from Reeder Reservoir daily. The City is continuing public outreach, has decreased usage by 20% within City facilities and is currently implementing a further reduction. If there is no voluntary decrease of water usage, the City will implement the formal water curtailment program. Ms. Bennett clarified the concern pertained to Reeder Reservoir and not the Talent Irrigation Ditch (TID) supply. Councilor Voisin noted the City of Ashland became the first city in southern Oregon to use "Home grown Fuel." Councilor Lemhouse spoke regarding the watershed tour hikes with the Forest Resiliency project and provided event dates and logistics. Mayor Stromberg noted vacancies on the Transportation, Housing and Forest Lands Commissions. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Regular Council meeting of August 4, 2009 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Community Development Director Bill Molnar presented the 2008-2009 Oregon Building Officials Association Outstanding Service Award to City Building Official Mike Broomfield in recognition of his years of leadership and dedication to building safety and education. CONSENT AGENDA 1. Does Council wish to confirm the Mayor's appointment of Kerry KenCairn to the Tree Commission with a term to expire April 30, 2010? 2. Will Council approve the land partition plat segregation land jointly owned by the City and by the Housing Authority of Jackson County, and authorize the Mayor to sign the plat? 3. Should Council authorize an agreement with The Waters-Oldani Consulting Group, Inc. for professional recruitment services at a bid price of $25,000? 4. Does Council wish to approve annual renewals on liquor licenses as requested by Oregon State Liquor Commission? 5. Should Council accept the quarterly report as presented? ASHLAND CITY COUNCIL MEETING August 18, 2009 Page 2 of 7 6. Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? 7. Will Council approve a thirty-day extension to an Airport Ground Lease Agreement dated August 16, 1989 between the City of Ashland and Sandler Films Inc.? Councilor Chapman requested that Consent Agenda item #2 be pulled. Councilor Jackson/Silbiger m/s to approve Consent Agenda items #1, #3 through #7. Voice Vote: all AYES. Motion passed. Councilor Jackson/Navickas m/s to approve Consent Agenda #2. DISCUSSION: Councilor Navickas commented the affordable housing project created long-term and immediate benefits and would stimulate the construction economy. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse and Jackson, Silbiger, YES; Councilor Chapman, NO. Motion passed 5-1. PUBLIC HEARINGS (None) PUBLIC FORUM Steve Ryan/624 %2 Park Street/Announced the 2009 Ashland Commuter Challenge September 12-25 sponsored by the City and the Rogue Valley Transportation District (RVTD). Citizens participate by emailing their non-single car commuter miles to Ashlandcommuterchallenge09pLmail.com. Mr. Ryan also noted "Car Free" day September 22 on Oak Street and RVTD's "Try Transit" week. OTHER BUSINESS FROM COUNCIL MEMBERS 1. Does Council wish to direct staff to prepare amendments to AMC 10.44.012 related to nudity within the City of Ashland? Councilor Lemhouse suggested staff research the legal ability to change the ordinance to provide buffer zones around schools at prescribed times as well as review the current ordinance. Liza Christian/843 Oak Knoll Drive/Stated her opposition to the current nudity. To have an ordinance allowing nudity in Ashland except for the downtown area was in error and the exclusion seemed to cater to tourists and lacked regard for the rest of the community. She felt public nudity was anti-social and noted that the American Medical Association and the Psychology Association agreed, calling it aberrant and have looked for ways to amend the behavior of people who practice public nudity. She hoped the Council would recall her comments when considering the ordinance in the future. City Attorney Richard Appicello clarified there was no prohibition on nudity in State law and that the City of Ashland passed an ordinance in 2004 prohibiting nudity in the C 1 District and City Parks. Additionally, there was no ordinance that allowed people to be nude in other parts of Ashland. Brenda Geyer/1565 Oregon Street/Shared her granddaughter's encounter with a naked man while walking home from school and read a letter her granddaughter had written to the Council describing her experience. Ms. Geyer added public nudity was not ok and wanted to live in a town where children felt safe and not scared. Lori Davis/190 Brierwood Drive, Talent/Explained she was a parent and an Ashland School District employee who was present during the incident where the little girl encountered the naked man. The police officer who responded was unable to act unless the naked man was visibly aroused. Having children discern whether a nude male was visibly aroused was not reasonable. It is different for grown ups encountering nude adults, for children, it could be an alarming experience. She encouraged the Council to look at the situation from a child's perspective when reviewing the ordinance, children deserved to feel safe. ASHLAND CITY COUNCIL MEETING August 18, 2009 Page 3 of 7 Peggy Case/925 Park Street/Agreed with other speakers and asked for a complete change in the ordinance. Nudity should not be allowed in town and children should be able to enjoy themselves and not encounter nudity. She should be able to go to a restaurant and not have a nude person standing outside the window and questioned where were her rights when she goes out to dine. Ms. Case urged the Council to show that Ashland is a community of integrity. Steve Case/925 Park Street/Noted he has lived in Ashland for over thirty years and felt public nudity should not exist and wanted children protected. He asked why the City should allow someone to come from outside Oregon and do what he or she would be arrested for in his or her own state. Chris Adams/955 Pinecrest Terrace/Distributed and read a prepared statement against public nudity. Ashland had ceded to a vocal minority, this was a misinterpretation regarding freedom of expression and the Council should prohibit all public nudity in the city. Lae Anne Cook/975 Golden Aspen Place/Has lived in Ashland since 1966 and recently experienced a nude person and found it shocking. She emphasized Ashland had both tourists and seniors. Allowing nudity in the town showed disrespect and degraded senior citizens and children. Her encounter with the nude male was disgusting and she felt these individuals were not taking responsibility for other people living in town or providing a good example for the children. Adam Pearson/246 Walker Avenue/Noted Ashland's artistic expression and added when that expression imposes negative impacts on so many community members, something needed to be addressed. Nudity is a big subject with parents and grandparents. Allowing nudity to proceed in city limits takes away the parents ability to address sexual subjects with their kids when they deem it appropriate as well as their rights. He encouraged the Council to change the ordinance. Jackie Hassell/250 Dead Indian Memorial Road/Explained she was a School District employee and worked with children daily. Children are innocent and it is up to the parents to decide when or if they are going to teach them about certain parts of human anatomy or sexual behavior. She acknowledged that being nude was not a sexual act but it was shocking for a child to see reproductive organs when they have never seen them before or do not know anything about it. Parents should have the right to decide when their child will be exposed to these things. Having public nudity enforced on parents and children was an infringement of their rights. She hoped the Council would give the ordinance the attention it deserved. Eva Fugitt/959 Golden Aspen Place/Shared her reaction as a teenager when she encountered a man nude in public. At eighty years old, she can still recall the shock and fear she felt. Nudity in the home was all right but in public, shocking and unacceptable. Councilor Lemhouse/Jackson m/s to direct staff to research and report back during executive session the possibility of an addition to the existing municipal code 10.44.010 regarding public nudity to include prohibiting the exposing of genitalia knowingly and intentionally within a prescribed buffer zone around schools between a specific time period and in addition have Legal staff review the existing ordinance as it currently stands. DISCUSSION: Councilor Lemhouse explained trivializing this issue underestimated the impact it has on adults and children. He noted the number of sexual assault cases he had investigated as a police officer. It was important to address public nudity legally. Councilor Jackson added it could be very difficult for the City to address but was worthwhile to have the Legal department research it. Councilor Navickas commented the Oregon Supreme Court ruled in defense of the first amendment. Laws are based on objective facts and not the subjective concepts of someone finding it offensive and provided several examples. Roll Call Vote: Councilor Voisin and Navickas, NO; Councilor Lemhouse, Jackson, Silbiger and Chapman, YES. ASHLAND CITY COUNCIL MEETING August 18, 2009 Page 4 of 7 Motion passed 4-2. Councilor Chapman explained he voted yes due to the review of the current ordinance but suspected the ordinance was unconstitutional. UNFINISHED BUSINESS 1. Does Council approve first reading of an ordinance adding chapter 18.63, Water Resource Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments? Community Development Director Bill Molnar and Planning Manager Maria Harris provided the staff report and background. Council and staff reviewed the list under Background on the Council Communication starting with requirement #2. Eliminate Restoration Requirements for Exempt Activities and Uses. Ms. Hams explained that Oregon Administrative Rules (OARs) required cities, even with exempt activities, to control the removal of native vegetation and replace non-native plant removal with native vegetation for fish bearing, riparian corridor streams. This requirement would not apply to the local, intermittent and ephemeral streams. Councilor Navickas/Jackson m/s to exempt all removal of non-native species and require them to be replaced with native riparian species in all stream zones, both minor and significant ones. DISCUSSION: Councilor Chapman asked whether the state law suggested appropriate native plants for riparian areas. City Attorney Richard Appicello responded the law indicated native riparian species. Roll Call Vote: Councilor Silbiger, Chapman, Jackson, Voisin, Lemhouse, Navickas, YES. Motion passed. Regarding requirement #3. Approval of Acceptable Native Plants and Prohibited Invasive Plants Council discussed maintaining a list of native and invasive plants with the consultation of staff, the Tree Commission and State and Federal websites for resources. Councilor Navickas/Voisin m/s approval of suggested amendment to issue #3 to add "state and federal." Roll Call Vote: Councilor Silbiger, Chapman, Jackson, Voisin, Lemhouse, Navickas, YES. Motion passed. Council debated whether requiring 100% or 50% native plant coverage was more practical and simplified the ordinance for requirement #4. Distribution of Native Plants through the Protection Zone. Staff explained this was primarily about mitigation after disturbance. When there is a reduction in a buffer area, the State requires better or equal protection for the resources through restoration of riparian areas, enhanced buffer treatment or similar measures. Council wanted the impact of the ordinance to be proportional to the amount of disturbance. Councilor Navickas/Voisin m/s to restrict planting within the riparian zones to 100% native plants. DISCUSSION: Councilor Navickas explained the motion clarified and simplified the ordinance. Councilor Jackson thought it was too broad and would not support the motion. Councilor Voisin supported the motion and did not see any barriers to the requirement. Councilor Chapman could not determine a basis to make a decision and therefore would not support the motion. Voice Vote: Councilor Jackson, Chapman, Silbiger and Lemhouse, NO: Councilor Voisin and Navickas, YES. Motion failed 4-2. Councilor Jackson/Navickas m/s for applications requiring land use approval, the entire protection zone shall designate a minimum of 50 % native plant coverage with all new trees consisting of native trees. Voice Vote: Councilor Voisin, Navickas, Lemhouse, Jackson and Silbiger, YES; Councilor Chapman, NO. Motion passed 5-1. Council next considered requirement #5. Use of Heavy Equipment and Machinery. Staff clarified the hand ASHLAND CITY COUNCIL MEETING August 18, 2009 Page 5 of 7 held equipment exemption could be replaced with a performance standard allowing those activities as long as they were not during the wet season, did not make permanent changes to the topography, moved minor soil or destroyed native plants. Council suggested adding compaction to the list, discussed the possibility of increasing the weight limit from 100 lbs to 300 lbs, require a permit instead of exempting heavy equipment completely, and establish performance standards and enforcement. Staff explained enforcement consisted of complaints received by citizens or actions observed by City employees. Council directed staff to research the use of heavy equipment further and report back with options. NEW AND MISCELLANEOUS BUSINESS 1. Has the Police Department's purchase and use of the Taser and lease and use of the downtown contact station been effective? Police Chief Terry Holdemess presented the staff report and explained that during the 16 months since implementation of Taser use, there were eight occasions where an officer removed their Taser from their holster. Two of the eight were recent and pending reviews. Although drawing a Taser from a holster is not considered a use of force, it was a concern to the Council. In six of eight cases where an officer drew their Taser, the Police Department reviewed the action as if it were a use of force and determined all six cases were reasonable, the remaining two upon initial review appear reasonable as well. To date, officers have not had to fire a Taser in Ashland yet. Officers attend a 4-6 hour training on the physical use of a Taser with updates occurring every two years. The Police Department trains on Use of Force monthly along with daily tests on aspects of General Orders. An officer is required to file a report whenever they remove a Taser from their holster per a request from Council for the first 6-12 months of implementation. Chief Holdemess knew of no other departments with this monitoring requirement and expressed concern the reporting process may deter officers from using a Taser when needed. Officers carry their guns on the right hand side and are easily accessible where Tasers are carried on the left and deliberately more difficult to pull. It was common practice to tase officers during training but a case decision where officers refused to be tased prompted the Taser Company to suggest Police Departments no longer tase officers. Currently it is the officer's choice. Chief Holdemess went on to explain the levels of force for Taser use, provided examples and noted that Ashland police can use a Taser when the level of threat towards an officer reaches physical violence. David Berger/575 Auburn Street/Explained he was a member of the American Civil Liberties Union (ACLU). He was speaking on the ACLU's behalf to thank the Council and Chief Holdemess for their response and reactions to the issues ACLU expressed two years ago during the initial Taser discussion. He commended the Ashland Police Department for changing the method of force noting it had reduced the risk of potential harm to citizens. Chief Holdemess continued the report with an update on the downtown Contact Station. The original goals were increased police presence, reductions in reported crime and disorder, the perception of crime and disorder, response time and ongoing improvement of services to the community. He explained reducing criminal activity versus displacing it and noted an overall reduction of crime throughout the city, a significant decrease in the downtown area with some displacement occurring. Response times needed to improve and the Police Department is working on that process. The Contact Station has increased interactions with businesses, residents and the homeless community. Public feedback has been positive and ASHLAND CITY COUNCIL MEETING August 18, 2009 Page G of 7 complaints regarding aggressive panhandlers in the area have decreased. Council discussed continued reporting on Taser use, if the Use of Force report was more comprehensive and gave consensus for the Chief to report on Taser use, as he deemed appropriate. Chief Holdemess briefly reported on the Driving Under the Influence of Intoxicants (DUII) saturation patrol that occurred August 14. The saturation patrol involved five agencies including the Ashland Police Department and resulted in 8 DUI arrests and 20 citations out of the 84 vehicles stopped. However, the Rogue Valley has experienced a significant decline in DUII arrests and citations over the years. 2. Will Council authorize staff to conduct Cross Connection surveys/site visits of water customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection exists? Delayed due to time constraints. 3. Should Council approve a letter of support to the National Forest Supervisor to encourage a timely approval of the Ashland Forest Resiliency Plan? Ashland Fire Chief John Karns and Forest Resource Specialist Chris Chambers presented the staff report and explained the letter of support would encourage a timely signing of the Record of Decision (ROD) for the Ashland Forest Resiliency Plan (AFR). There was clarification that the ROD remained unsigned due to the complex legal issues regarding the inventoried roadless area portion in the AFR. Mr. Chambers confirmed but thought it was important to send a message to the Forest Service that Ashland was vested. Deadlines for grants through the Forest Service had passed resulting in the City losing $225,000 for implementation because the ROD remains unsigned and there was potential to lose more funding. Council suggested contacting Oregon State Representatives Walden or Merkley and inquired on the status of the Ashland Watershed Protection Project. Fire Chief Karns reported there were 200-300 acres of piles to burn. All of the non-commercial work specified in the project was cut but not all had been burned. Regarding the prescribed fire, there were over 1,000 acres designated in the project and only 5-10 acres implemented. The prescribed fire did not have an expiration and the AFR did so the focus had shifted to the approval of the AFR project in an effort to retain funding. Councilor Lemhouse/Jackson m/s to approve the letter of support for the AFR to Scott Conroy, Rogue River-Siskiyou National Forest Supervisor. DISCUSSION: Councilor Lemhouse stated it was important to take advantage of this unique circumstance and thought it was more appropriate to have elected officials contact Oregon Representatives. Councilor Navickas explained the Healthy Forest Restoration Act (HEFRA) undermined a National Forest Policy Act that required a broad range of alternatives. One reason for the delay in signing the ROD was only one alternative was presented and it included controversial logging in the inventoried roadless area, did not have a diameter limit, required helicopter pad building and fuel break construction. There was concern of possible litigation. Councilor Navickas suggested annual increments, limiting the scope and moving forward on the ground portion. He also found the language in the letter offensive and asked for a revision. Councilor Silbiger commented when the Council gave approval the previous year, 90% of the public testimony agreed. He did not support starting over due to the significant amount of work that had gone into the project already and thought the Council should move forward with the letter. Councilor Voisin did not support the letter; it needed to address the monitoring system and she did not know if one was in place. Mr. Chambers explained there was an extensive monitoring system that covered part of the ASHLAND CITY COUNCIL MEETING August 18, 2009 Page 7 of 7 watershed and 700 plots across the project area that was unique for the Forest Service. Mayor Stromberg noted a meeting he and City Administrator Martha Bennett would attend August 19, 2009 with the District Ranger of Regional Forestry and others that could bring more information regarding the project. Councilor Voisin requested a response from the Regional Forestry regarding process. Councilor Navickas was not comfortable moving forward and reiterated issues with the letter. Councilor Chapman asked Ms. Bennett to review the letter and added he wanted the City to move forward on the non- controversial aspects of the project only. Roll Call Vote: Councilor Chapman, Silbiger, Jackson, and Lemhouse, YES; Councilor Navickas and Voisin, NO. Motion passed 4-2. Councilor Jackson/Lemhouse m/s to continue first reading of Water Resource Protection Ordinance to September 8, 2009. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 2. Planning Commission SUMMARY OF MEETING ADJOURNMENT Meeting was adjourned at 10:28 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND CITY COUNCIL SPECIAL MEETING August 15, 2009 Page I of 2 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL August 25, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 5:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. NEW BUSINESS 1. Will the Council ratify the City Administrator's decision to declare a water shortage emergency and implement Stage 1 Water Curtailment as outlined in the Ashland Municipal Code (AMC) 14.06? Public Works Director Mike Faught, Associate Engineer Pieter Smeenk and Water Conservation Analyst Robbin Pearce provided a presentation that included: • Determination of Water Shortage (AMC 14.060.020) • Findings - Demand for water in the City of Ashland • Findings - Volume of water in Reeder Reservoir • Findings - Standard drawdown curve for Reeder Reservoir • Findings - Projected curtailment date for Talent Irrigation District (TID) water • Findings - Flows in the east and west forks of Ashland Creek • Water Curtailment allocation Table in cubic feet (cf) (Residential) It was clarified that 3,600 cubic feet a month equaled approximately 900 gallons of water a day for a regular household. There are 7.48 gallons of water per cubic feet. Converting cubic feet to daily-allotted gallons is determined by multiplying the numbers of cubic feet by 7.48 gallons then divide by 30. Customers exceeding the allotted water allocation for stages 1, 2 or 3 will incur a surcharge of four times the rate in addition to what they would have paid prior to the surcharge. The typical daily use is 100 gallons per person per day, with a multiplier added depending on what type of irrigation is used. For Stage 1, the City is asking citizens to continue daily water needs inside the house but cut irrigation 50% unless they are already in excess. • 14.06.080 Excess water consumption surcharge The minimum water draw down for the reservoir is 35 feet and the City has never gone below 43 feet. The maximum draw down is 20 feet due to sediment and pipes that disrupts water quality. The total percentage draw down for the reservoir is 65%, which is where the City is. If the reservoir continues to drop at this trend, it will hit 35% by September 23, 2009. Staff explained all exemption requests were subject to careful review and required an audit, currently there were 25 exemptions. Shift changes to cover operations were discussed with an estimated $8,000 in overtime for the following two-week period that could double if the curtailment is extended. Mr. Faught was working with the TID Board on extending use from October 15 to October 30 as well. He went on to explain the challenge for the future was how to protect drinking water and augment with other sources. It is complicated to treat TID water, if the City had a separate system that ran through the irrigation system those two would not come into conflict. Alternatively, if it were augmented with the effluent another 2 million gallons a day would help. However, for the current situation, experience has shown that Stage 1 should be enough for Ashland as the community is quick to respond. Jim Moore/1217 Park Street/Voiced appreciation for City's response to the water crisis but had concern regarding citizens ability to read their utility bills accurately because billing used cubic feet while the ordinance used monthly gallons. A greater concern was plans for the future. The current crisis could have been avoided ASHLAND CITY COUNCIL SPECIAL MEETING August 25, 2009 Page 2 of 2 if the City had taken advantage of the TAP (Talent/Ashland/Phoenix) project earlier. He noted the loss of snow pack over the years and how the Request for Proposal (RFP) soliciting a review of water resources could take 6 years to award and complete the project during which the City could deal with potential drought. He encouraged the Council to start the TAP project immediately. Ron Roth/6950 Old Hwy 99S/Appreciated how quickly the City was able to start using TID water. He advocated using TID adding there was more water available through TID than what is proposed through TAP. TID could be part of the auxiliary supply so Reeder Reservoir could be kept close to full. He cautioned on the perception of the City running sprinkler systems for the medians while homeowners could not water their lawns. Staff responded to Council that TID was tested for herbicides and the results were treatable. Councilor Silbiger/Voisin m/s to ratify the City Administrators decision to declare a water shortage emergency and implement Stage 1 Water Curtailment as outlined in AMC 14.06. DISCUSSION: Councilor Silbiger thought the allotment for homes and businesses was generous and hoped citizens would respond as they have in the past. Councilor Lemhouse voiced appreciation to the staff and Community Emergency Response Team (CERT) volunteers for their efforts. Councilor Chapman expressed the difficulty citizens are experiencing converting cubic feet to gallons and knowing if their efforts were helping. City Administrator Martha Bennett acknowledged the difficulty and noted people could contact the Utilities Department for information on where they were regarding usage. Councilor Jackson agreed the conversions were hard and suggested people whose irrigation systems ran on timers to adjust the time to half instead of working with the formula. Councilor Navickas commented that a healthy aspect to the curtailment for the community is seeing how conservative citizenry can be with water. Roll Call Vote: Councilor Jackson, Chapman, Silbiger, Lemhouse, Voisin and Navickas, YES. Motion passed. Mayor Stromberg attended a Public Safety Coordinating Council meeting where a vote regarding truancy made him question whether he had the authority in this capacity to make decisions. City Administrator Martha Bennett explained a future Study Session would address this topic. ADJOURNMENT Meeting was adjourned at 5:46 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ~ a PROCLAMATION The Rogue Valley economy was built around its agricultural bounty. Small farms and ranches continue to nourish our bodies with fresh quality meat and produce. • Local farms and ranches contribute to the beauty and rural character t of our region, protecting open space and striking views. • A unique array of locally owned food businesses enhances the character of the Rogue Valley and creates a strong sense of place, f bringing visitors from across the nation. We laud the contribution of the region's food businesses to our economy and community. NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim September 11 through September 20, 2009 as: ~ a "Eat Local Week" s in the City of Ashland encourage every citizen to support our local farms, ranches and restaurants by eating locally produced foods. Dated this 8`h day of September, 2009. a eF John Stromberg, Mayor 41 Barbara Christensen, City Recorder a CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 14, 2009 CALL TO ORDER Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins, Chair Bill Molnar, Community Development Director Larry Blake Derek Severson, Associate Planner Tom Dimitre Richard Appicello, City Attorney Dave Dotterrer April Lucas, Administrative Assistant Pam Marsh Debbie Miller Melanie Mindlin Mike Moms Absent Members: Council Liaison: None Eric Navickas ANNOUNCEMENTS Community Development Director Bill Molnar announced the first Croman Advisory Committee meeting would be held July 15, 2009, at 5 p.m. in the Community Development Building. He also noted the Council is scheduled to resume deliberations on the Water Resources Ordinance at their July 21 meeting. CONSENT AGENDA A. Approval of Minutes 1. May 12, 2009 Planning Commission 2. May 26, 2009 Study Session 3. June 23, 2009 Study Session Commissioners Marsh/Dotterrer m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC FORUM No one came forward to speak. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2009.00551 SUBJECT PROPERTY: 426 A Street APPLICANT: Louis Plummer & Sidney Brown DESCRIPTION: A request for Site Review approval to construct a 3,992 square foot two-story mixed use building for the property located at 426 A Street. Also included are requests for a Mixed Use Parking Credit, a Variance to the parking requirements, an Exception to Street Standards, and a Tree Removal Permit to remove five trees. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E•1; ASSESSOR'S MAP 391 E 09 AB; TAX LOT: 6507 Commissioner Dawkins read aloud the public hearing procedures for land use hearings. Ashland Planning Commission July 14, 2009 Page 1 of 7 Declaration of Ex Parte Contact All of the commissioners declared site visits; No ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the staff report for the planning application. He reviewed the condition of the existing structures on the property, displayed several photos, and explained the Applicant's are proposing to demolish the house, shed, and garage, and construct a mixed-use building at the site. Mr. Severson stated the property is located in a Historic District, however the house is a non-contributing resource. He reviewed the site plan with the Commission and also commented on the landscape plan. Mr. Severson explained there are five trees on the site that the Applicant's are proposing to remove. One of those trees is a large cedar that has been topped heavily and is currently growing into overhead power lines, while the other four are smaller trees. He noted the building is proposed to be constructed to LEED Standards, and indicated the most significant portion of this application deals with the parking variance. Mr. Severson provided an explanation of the parking requirements and indicated the total parking required for the proposal is eight spaces. He stated the Applicant's proposal includes one handicap space and three standard spaces, and there is one on-street credit available, so the result is a shortage of three spaces. Mr. Severson commented on the parking availability in this area and stated in general staff has observed a 50% to 60% availability during business hours. He added that functionally there is an additional parking space available in front of the site on A Street, however this space does not count towards their parking total due the substandard width of A Street. Mr. Severson stated staff is recommending approval of the application with noted conditions, however there are a few last minute modifications to the conditions outlined in the staff report: 1) Condition 14d: Include that there is a small section of sidewalk along A Street that needs to be repaired; 2) Condition 1 and Condition 14g: Revise to allow issuance of certification of occupancy if the Applicant meets the established criteria for LEED certification, with the final LEED certification to come after; 3) Condition 13c: Revise to indicate the maximum lot coverage is 85%. Comment was made questioning how the two trees proposed for removal impact the parking. Mr. Severson clarified any effort to move the parking further up would push the location of the building towards the street. He added if the trees are preserved they would impact the options for the site. Mr. Severson also provided clarification on the City's Demolition Ordinance and the process it entails. He stated the Applicant's will have to go through a separate process to receive demolition approval and stated if someone wanted to challenge the demolition, the Demolition Ordinance provides more teeth for this type of challenge than the land use process. Applicant's Presentation Christopher Brown/545 A Street/Applicant's Representative/Mr. Brown presented images of the structures on the property and commented on their current state of decay. He stated the house is covered with black mold and a contractor assessor indicated it would cost over $400,000 to bring it up to a state of livability. Mr. Brown reviewed the site plan and explained the existing footprint is 1,855 sq. ft, and the footprint of the proposed mixed-use building is 1,998 sq. ft. He noted the two square footage amounts are comparable and stated they are not trying to do something excessive with the site. He stated the intention of the Applicant is to be very compassionate with the surrounding neighborhood and stated they see the two large Cedar trees on the comer to be a significant contribution and want to retain these. Mr. Brown noted the green roof system that will be installed and stated they will also be including permeable pavers, a permeable parking lot, and bioswales in the parkway. Mr. Brown commented on the proposed parking layout and noted the availability of on-street parking in this area. He stated in order to include the number of parking spaces required on the site, the parking lot would have to take up half of the total lot. He concluded by stating they do not believe this area needs more large parking lots. Comment was made that this looks like a modem building and it was questioned how it fits into the Historic District. Mr. Brown commented on the elements taken from the adjacent Craftsman style homes and incorporating the heavy industrial influence of the Railroad District. He stated their intent was to create moderation between these elements and noted the Historic Commission's approval of the design. Ashland Planning Commission July 14, 2009 Page 2 of 7 It was questioned why the office space is not delineated on the plan. Mr. Brown responded that the owners are hoping to stay flexible at this point in order to accommodate the future tenant. Mr. Severson clarified one of the conditions proposed by staff requires the breakdown to be provided at building permit submittal. It was questioned if the Applicant is working with the Public Works Department regarding the proposed storm drainage system for the alley. Mr. Brown asked the project's engineer, Tom Sissel, to come forward and respond. Tom Sissel/3501 Excel Drive, Suite 240, Medford/Clarified they have been in contact with the Public Works Department and the City's Associate Engineer has come out to the site. He stated they have discussed taking some of the water drainage from the alley and directing it onto the proposed parking area and to an on-site detention facility; from there it would flow into a bioswale and to a catch basin at the comer of 3m and A Streets. Mr. Sissel stated the City's Assoc. Engineer indicated that the standard alley requirement is to have everything drain to the center and would not commit to whether they would allow this to be changed. He stated if staff does not allow this to be changed, they will request to improve the existing drainage and catch basin. Commissioner Mindlin commended the Applicant for their efforts and hopes they will be able to implement this system. It was questioned what level of LEED certification are they shooting for and Mr. Brown clarified that they are on track to receive Gold Certification. Public Testimony Philip Lang/ A letter from Philip Lang was read into the record by Commissioner Dawkins. The letter voiced opposition to the proposal, specifically the demolition of a 100-year old, historic Railroad District house. Lang recommended that the property owners be asked to rebuild/reconstruct the property, preserving its authentic beauty and historic presence. Collin Swales/143 A Street/Stated the building design is fine, but is disappointed another one of Ashland's small, historic homes will be removed. Mr. Swales commented on the variance request and stated being located in a Historic District in itself is not a sufficiently unique or unusual circumstance to qualify for the variance. He voiced his approval for the energy efficiency of the building, but stated the fact that the Applicant is choosing to make it energy efficient should not qualify them for the variance. He added approving the parking variance because they are getting a green building is not currently the law. Anne Golden/247 Third Street/Stated she lives up the block from the proposed project and while she appreciates the efforts of the Applicant, has concerns with the parking. Ms. Golden commented on the reduction from 8 parking spaces to the Applicant's proposal of just 4 off-street spaces, and stated the on-street spaces mentioned by the Applicant are being used. She noted the residences that use on-street packing on Third St. and stated it is a faulty assumption that the residences will leave during the day and leave those spaces vacant for the office/retail use. Ms. Golden suggested the building design was too large for the lot and stated a more modest size building would be a more appropriate scale for the neighborhood. She thanked the Applicant for their green design, but requested 2-3 more parking spaces be provided on the site. Rebuttal by the Applicant Christopher Brown/Stated they were aware parking was going to be an issue. He stated the Palace Cafe and Noble Coffee businesses have created some congestion in the area; however at 10 a.m. this morning not one car was parked on the street. Mr. Brown voiced his concern with limiting the potential of this site because of the ownership of automobiles and added that this area is not zoned residential; it is an E-1 district. He commented on the necessity to create a commercially viable building at this site and stated at some point something is going to get built on this comer. He stated his clients are trying to find a solution that benefits the neighborhood, and noted the letter of support submitted by the neighboring property owner. Mr. Brown concluded by stating in addition to the parking spaces they are providing on the site, there is potential for 5-6 cars to be parked on Third Street, and 34 cars on A Street. Letter of support submitted by Tom Bradley, 266/268 Third Street, was read into the record by staff. Commissioner Dawkins closed the record and the public hearing at 8 p.m. Ashland Planning Commission July 14, 2009 Page 3 of 7 Deliberations & Decision Commissioner MarshlDotterrer m/s to approve PA #2009.00551, with the corrected conditions as noted by staff. DISCUSSION: Marsh stated she is comfortable with the variance and commented on the need to look at the parking situation in the Railroad District and the entire City as whole, and not on a case by case basis. Dotterrer concurred with Marsh's statement and stated he is comfortable with the variance; however, he warned that building a LEED certified structure is not a criteria for the variance and should not have been referenced in the staff report. Blake commented that anytime you introduce a new building into a Historic District you face challenges. He noted the proposed building materials and voiced appreciation for the way the building steps back and keeps with the scale of the historic houses in the neighborhood. Mindlin stated the fact that A Street is too narrow to award an on-street parking credit is a circumstance beyond the Applicant's control and therefore qualifies for the variance. She noted the way the parking has been laid out off the alley, which minimizes the pavement surfacing is also a reason to support the proposal. Dimitre commented if the required parking cannot fit on the site, this tells him that the building is too big. Roll Call Vote: Commissioners Marsh, Dotterrer, Blake, Dawkins, Miller, Mindlin and Morris, YES. Commissioner Dimitre, NO. Motion passed 7.1. TYPE III PUBLIC HEARINGS A. PLANNING ACTIONS: #2009.00817 APPLICANT: Southern Oregon University DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010.2020 as part of the City's Comprehensive Plan. (This plan replaces the previously approved 2000-2010 Campus Master Plan.) COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: S-0 Declaration of Ex Parte Contact Blake recused himself from the public hearing due to his affiliation with Southern Oregon University. Dawkins indicated his father was a teacher at the college and he attended SOSC. Mindlin stated she had received a communication from Rivers Brown through her work with Transition Town, and noted this document has been distributed to the rest of the Commission and made part of the record. She also indicated that she performed a site visit. Morris stated he lives a few blocks from the University, was a student at SOSC, and also donates time to ScienceWorks, which is located on University property. Marsh stated she performed a site visit, was a student at the University, and also lives a few block away. She added that she had read the recent newspaper articles and had a brief conversation with Matt Marr regarding the placement of the faculty housing, however no new information was shared in that conversation. Miller stated she has also read the newspaper articles and frequently walks by the campus. Dimitre stated he had performed a site visit. Staff Report Community Development Director Bill Molnar addressed the Commission and provided a brief overview of the land use process for this type of application and previous SOU Master Plan updates. He explained the University is required to go through this process every ten years and this plan outlines the direction the University would like to take over the next decade (2010 through 2020). Mr. Molnar stated the Commission's duty is to ensure that the proposed plan is consistent with the Ashland Comprehensive Plan from a land use standpoint. He added this is a Type III hearing and the Commission will take public testimony and forward a recommendation to the City Council, who will ultimately make the final decision. Mr. Molnar delivered the staff presentation on the SOU Master Plan 2010-2020 Update. The presentation focused primarily on the proposed University housing outlined in the plan, but also touched on campus parking standards and the need for Transportation Demand Management strategies. Mr. Molnar displayed several photos of the various areas planned for future development and presented the following staff recommendations: 1) SOU Faculty Housing at Ashland Street and Mountain Ave. Staff Recommendations: a) Project be subject to a conditional use permit, b) Adopt additional design standards addressing building scale, bulk, coverage, articulation, etc., and c) Conduct a Transportation Impact Analysis prior to final design. 2) SOU Housing on Henry Street. Staff Recommendations match those outlined above for Item 1. Ashland Planning Commission July 14, 2009 Page 4 of 7 3) SOU Faculty Housing on Walker Avenue. Staff Recommendations: a) Adopt additional design standards addressing building scale, bulk, coverage, articulation, etc., and b) Conduct a Transportation Impact Analysis prior to final design. 4) SOU Mixed Use Housing on Ashland Street. Staff Recommendations: a) Project be subject to Detail Site Review and Large Scale Development Standards, b) Conduct a Transportation Impact Analysis prior to final design, and c) Adopt a Pedestrian Safety Plan and timeline for implementation. 5) Campus Parking Standards. Staff Recommendations: a) Promote the use of alternate modes of transportation, and b) Refine campus parking requirements. 6) Transportation Demand Management (TDM). Staff Recommendation: Require TDM strategies and a timeline for implementation. Applicant's Presentation Craig Morris, Vice President, SOU Finance and Administration Dept/Mr. Moms introduced the University's consultants for this project Eric Ridenour, SERA Architects and Greg Covey, Covey Pardee Landscape Architects. Mr. Ridenour stated the University's Master Plan is the long range vision of where they would like to go in the next 10 year period. He explained projects are generally identified in the Plan, and there will be a level of specific site planning that comes later. Mr. Ridenour delivered a presentation on the Master Plan Update and outlined the following key elements of the Plan: 1) Renovate and expand the Theatre Arts building; 2) Upgrade the Science building complex; 3) Upgrade the McNeal Pavilion area and build a better visual connection; 4) Expand residential capacity by creating more housing for students and faculty on the north side of campus. Mr. Ridenour 's time expired before he was able to complete his presentation. Before he concluded he clarified the faculty housing is proposed to be built around the existing park lot, the earlier proposal to move the community garden has been abandoned, and there will be no attempt to build housing next to Beach Creek. Public Testimony David Schieber/586 Glenwood/Stated he lives 100 ft, away from campus property and has a son who attends the University. Mr. Schieber stated the University's adoption of green building practices is great, but expressed concern with the lack of neighborhood participation in the development of this plan. He stated the data is mixed as to whether faculty housing would work and stated any new buildings should fit into the existing neighborhood and not dwarf the surrounding structures. Marcia McNamara/1007 Ashland/Stated the previous plan called for classroom buildings to be constructed in these areas and likes the idea of faculty housing instead. Ms. McNamara stated she has a 2-story house and there are others in her neighborhood as well, and to say any new structures have to be single story does not take into account what is currently there. She voiced her support for daylighting Beach Creek and stated she has been favorably impressed by what has been presented tonight. Mary Margaret Modesitt/540 S. Mountain/Voiced concern that the only way she was aware of this plan was because a citizen who opposed it contacted her. Ms. Modesitt recommended the University speak with the community before embarking on this plan. She commented that there used to be housing along Mountain before the University built a parking lot, and now they want to turn a parking lot back into housing. Marilyn Briggs/590 Glenview/Noted she was a Planning Commissioner when the previous Master Plan was adopted and voiced her opposition to the amount of housing in the proposed plan. She stated student and faculty housing should be integrated into the community and the proposed isolation seems like the wrong approach. She added the mission of the campus administration should be providing education, not housing. Cadta Culmer/1069 Henry/Stated the thought of looking out her window at a multi-story monstrosity leaves her feeling cold. Ms. Culmer voiced objection to the idea of faculty housing and stated this would destroy her neighborhood. She stated the Ashland Planning Commission July 14, 2009 Page 5 of 7 University already has a large number of houses and apartments that they rent out at lower rates, and if faculty cannot afford to live in Ashland, the University should offer a stipend to compensate for the higher housing costs. Ms. Culmer commented on the community garden and stated landscaping would only detract from its usefulness as an outdoor laboratory and the University should leave it be. Colin Swales/143 Eight/Agreed with the staff recommendation for this property to be brought into the Detail Site Review Zone. He also stated the proposed conditions regarding the Transportation Demand Management strategies and the Traffic Impact Analysis are appropriate. Mr. Swales commented on increasing student housing on the north side of campus and how to handle the pedestrian traffic crossing Siskiyou Blvd. He stated there are creative options available and they have an opportunity to create a pedestrian friendly node. Mr. Swales stated this plan needs a lot more study and far more public input from the neighbors and the community as a whole. Angie Thusiusl897 Beach/Stated the Master Plan does have some sustainable approaches, but two of the elements are inappropriate. Ms. Thusius stated the faculty housing would dwarf private homes, and moving 800 students below Siskiyou Blvd would require them to cross this dangerous street to get onto campus. She stated the students are much safer in the area they are in now. She also stated that it appears this plan was done in a hurry and with little input from the community. Commissioners Dotterrer/Miller m/s to extend meeting to 10:00 p.m. Voice Vote: all AYES. Motion Passed 7-0. Art Bullock791 Glendower/Stated this plan is not up to the sustainability standards we need from a 10-year plan. Mr. Bullock commented on the assumptions made in the plan and stated these may be drastically off a few years from now (including what type of housing students prefer). He agreed with staff that the transportation plan needs to be completed first since it will likely take time to make these types of changes. He stated allowing permitted uses in the plan removes the community's option to check in and recommended all of the plan's components be subject to the City's Conditional Use Permit (CUP) process. Keith Spear/570 Glenwood/Stated if a 2-story building is built as proposed, their mountain views would disappear. He stated they paid a premium for their home because of the view and recommended the concept of viewscape be discussed. Mr. Spear stated he would have liked to have seen some sensitivity to the surrounding neighborhood and the University needs to do more interfacing with the neighbors on a human scale. He noted a letter submitted into the record by Randall Hopkins and recommended the City not sign away its power in regards to the CUP process. Jesse Miller/430 Ashland/Stated he has been gardening in the community garden for three years and brought in a sample of a new variety of garlic he has grown. Mr. Miller stated food security is becoming a bigger concern and community gardens allow for local control of our food supply. He spoke to the benefits of the community garden and stated this is a place where agricultural skills are kept alive in our community and the garden also serves as a community meeting place. He noted the new version of the plan says the garden will be spared, however it is clear that the garden is not a priority. Mr. Miller voiced concern with surrounding the garden with condos and is wary of the University's offer to enhance the garden. He stated if they really want to enhance it, they should increase funding for it. He stated the current plan still moves the parking lot closer to the garden and it is unclear what is going to happen. He stated he is in favor of affordable housing for faculty, but there are other ways to accomplish this and faculty housing should be located on the north end of campus if it occurs. Charles Culmer/399 S. Mountain/Felt that the plan has been kept secret and the neighborhood has not been informed of the University's intentions. Mr. Culmer questioned if housing is built on the parking lot, how are they going to compensate for the loss of parking. He stated the parking lot is there for a reason and requested they be kept better informed. Sylvain Brown/1067 Ashland/Stated he is a neighbor and student of SOU and should have been informed of this plan a long time ago. Mr. Brown commented on why he selected to attend SOU, including its small town feel and expressed concern that the plan seems to be shifting to the idea that bigger is better. He suggested there are more preferable options that would bolster the school's image. Rhianna Simes/433 Liberty/Stated she moved to her house because of the community garden and the feel of the neighborhood. Ms. Simes stated she is pleased to hear the condos will not be placed on the garden, but said there is still an Ashland Planning Commission July 14, 2009 Page 6 of 7 air of mistrust and concern about what the plan actually entails. She commented on the benefits of the garden and stated the community and the students should be allowed to provide input on any type of future enhancements. Abraham Bettinger/367 Bridge/Stated he lives close to the University and feels he has been kept in the dark about their plans. Mr. Bettinger stated he would have liked for the University to put more emphasis into educational programs, and while he agrees that some of the facilities could be improved, thinks building new housing is a waste of energy. He noted he works at the community garden and the garden could enhance the green image of the University. Mr. Bettinger stated he is concerned with the plan and feels it needs to be a lot more transparent and made clear to the community. Alex Goldman/1153 Iowa/Agreed with the testimony previously delivered tonight and asked the Commission to not allow SOU to pave over the garden. Commissioners Mindlin/Dotterrer mis to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed 8.0. Rivers Brown/1067 Ashland/Stated he owns a home right next to the University and requested clarification on what happens to his home in the plan. Mr. Brown stated he does a lot of interaction with the University, however he only heard about their intentions by reading an article in the newspaper. He commented on the various houses included in the plan that the University does not have ownership of, and noted how these homes were included in the plan maps detailing where development would occur. He commented that 2-3 story buildings would block views for residents and the stated the neighborhood does not want a faculty village placed here. Mr. Brown stated faculty housing is a flawed concept, but if it is built it should be placed on the north side of campus and commented on why this is a better location. He stated the University should work with what they have and try to enhance it instead of wiping everything out and starting fresh. He also commented on the lack of input that has occurred in the development of this plan. Dawkins noted that this concludes the public testimony portion and due to the limited amount of time remaining suggested the Commission continue this item to the next regular Planning Commission meeting. Commissioners Dimitre/Dotterrer m/s to continue the public hearing to the August 11, 2009 Planning Commission meeting. Voice Vote: all AYES. Motion passed. OTHER BUSINESS A. Election of Officers Commissioners Pam Marsh and Michael Dawkins were nominated as Planning Commission Chair. Roll Call Vote: Commissioners Blake, Dawkins, Dotterrer, Miller, Mindlin and Morris voted for MARSH. Commissioners Dimitre and Marsh voted for DAWKINS. Pam Marsh was selected as CHAIR. Commissioners Dave Dotterrer and Michael Dawkins were nominated as Planning Commission Vice Chair. Roll Call Vote: Commissioners Mindlin, Dawkins, Marsh, Dotterrer, Dimitre and Miller voted for DAWKINS. Commissioners Morris and Blake voted for DOTTERER. Michael Dawkins was selected as VICE CHAIR. Commissioners Larry Blake and Melanie Mindlin were nominated as Planning Commission Second Vice Chair. Roll Call Vote: Commissioners Mindlin, Miller, Marsh, Dimitre, Dawkins and Blake voted for MINDLIN. Commissioners Morris and Dotterrer voted for BLAKE. Melanie Mindlin was selected as SECOND VICE CHAIR. ADJOURNMENT Meeting adjourned at 10:25 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission July 14, 2009 Page 7 of 7 CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JULY 14, 2009 CALL TO ORDER Commissioner Dawkins called the meeting to order at 1:30 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Derek Severson, Associate Planner Melanie Mindlin April Lucas, Administrative Assistant Larry Blake TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2009.00662 SUBJECT PROPERTIES: 155.157 Sixth Street APPLICANT: Allison Renwick DESCRIPTION: A request for Conditional Use Permit approval to exceed the Maximum Permitted Floor Area within the Railroad Addition Historic District and a modification of a previous Site Review approval (PA #2005- 968) to construct a 279 square foot addition to an existing residence, constructed in 2006, at 155.157 Sixth Street. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 391 E 09 AC; TAX LOT: 3300 Commissioner Dawkins read aloud the public hearing procedure for land use hearings. Declaration of Ex Parte Contact No ex parte contact was report. Blake and Dawkins both indicated they had passed by the property. Staff Report Associate Planner Derek Severson presented the staff report for the planning application. He provided a brief overview of the site and explained there are currently three structures on the property: 1) a 1,272 sq. ft. dwelling at the front of the property built in 1903, 2) a 216 sq. ft studio behind the front house along the alley, and 3) a 998 sq. ft. dwelling that was constructed at the rear of the property in 2006. Mr. Severson stated the Applicant is proposing a 279 sq. ft. addition to the dwelling at the rear of the property, and noted when this structure was built it received an award from the Ashland Historic Commission for "Historically Compatible New Multi-Family Construction." Mr. Severson commented on the maximum permitted floor area (MPFA) calculations and stated the proposed addition would put the property at 15% over the MPFA and therefore requires a public hearing and conditional use permit approval. Mr. Severson displayed several photos of the lot, structures, and proposed addition. He stated staff feels the addition is well designed, has good attention to detail, and the placement minimizes impact to the neighborhood. He stated staffs recommendation is to approve the application with the conditions noted in the staff report. Mr. Severson clarified the parking requirement has been met and also clarified the garden shed currently located on the property would be moved to the neighbors lot. He added keeping the shed in the same location would require a variance and if this was requested by the Commission staff would need to re-notice this action for a separate hearing. Applicant's Presentation Allison Renwick/ 157 Sixth Street/Clarified the garden shed is currently in a very inconvenient sport and moving it to the. neighbors property will provide some needed screening between the two houses. Ashland Hearings Board July 14. 2009 Page 1 of 2 Deliberations & Decision Commissioners MindlinlBlake m/s to approve PA #2009.00662 with the conditions proposed by staff. Voice Vote: All AYES. Motion passed 3.0. ADJOURNMENT Meeting adjourned at 1:50 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Hearings Board July 14, 2009 Page 2 or 2 n kid ~~6 C I T Y O F -ASHLAND TRANSIPO T N' -0N COMMISSION ' Th ; ~ day, July 211, Z01~9 Community s evelopm Ant,Building 51 Winburn Way Minutes Attendees: Tom Burnham, John Gaffey, Eric Heesacker, Julia Sommer, Colin Swales (Chair), Brent Thompson, Matt Warshawsky, David Young Absent: Ex Officio Members: Derek Severson, Larry Blake, Nathan Broom, Eve Woods, Steve MacLennan. David Chapman Staff Present: Mike Faught, Jim Olson, Betsy Harshman 1. CALL TO ORDER: 6:02 PM II. APPROVAL OF MINUTES: Sommer reported corrections to the minutes. Sommer moves to approve the minutes as corrected, Heesacker seconded the motion and it passed unanimously. III. PUBLIC FORUM IV. ADJUSTMENTS TO THE AGENDA: The agenda was adjusted in the following order. 1. Will Dodge Way traffic review 2. Presentation by SOU on Mountain Meadows transit needs 3. Presentation by RVTD on its long range plan 4. Bike parking in the Central Business District 5. Presentation by the SOU Summer School (Center for Social Ecology and Public Policy) on transportation issues 6. Car Free Day 7. 2009-10 Bicycle and Building Safer Communities mini grants - tabled due to time constraints V. BUSINESS 1. WILL DODGE WAY TRAFFIC REVIEW Jim Olson provided a staff report on Will Dodge Way. The alley was posted for one-way travel in 1990. Today there are 4 new building and many more accesses (40 total) than 20 years ago, and most of the one-way arrows are missing. Traffic counts show that 36% of alley users now travel in the illegal (wrong) direction. Staff wanted to bring this issue to the Transportation Commission for further direction. Warshawsky asked staff for a briefing on delivery trucks. Olson stated that trucks may stop and park in a loading zone and be actively unloading the truck under current code. He added that the Police and Fire Departments also have concerns regarding the alley. Margueritte Hickman, Fire Marshall for the Ashland Fire Department, said that they need alley access for emergency vehicles. If someone with a parked vehicle is there and can move it immediately, that is okay. Her concern is that often there are parked vehicles, and no one around to move them if needed during an emergency. It is very difficult to back up a fire truck on Will Dodge Way and she would prefer to see the alley remain one-way. She stated that keeping people moving forward is a practical and safe component. C:\DOCUME-1\shipletd\LOCALS-I\TempVCPGrpWise\7 21 09 TC Minutes.doc Page I of 3 If the alley was closed to vehicular traffic, an option would be for building owners to install fire sprinkler systems in all of the buildings along Will Dodge Way. The cost for the fire systems would be the responsibility of the building owner. Several business owners and residents on Will Dodge Way voiced their ideas and concerns, including: • Ed Bemis, 140 Lithia Way - Shared concerns regarding deliveries, as well as parking, and suggested putting the 15-minute loading signs back up for now. • Pam Hammond, 632 East Main also spoke about the need for deliveries to be made in a safe way, and emphasized that there really needs to be some decisions made on this issue. Bob Kendrick owns 3 businesses at 145 East Main, 90 Pioneer and 150 Lithia Way (also known as 153 Will Dodge Way. He shared his concerns, and feels that the biggest problem is people who leave their cars parked for an extended period of time. • Doug Irvine, 2113 Emigrant Creek Road commented on future plans for his property on Will Dodge Way. Geor eg Orrego, 140 Lithia Way, spoke regarding the one-way pattern. Following a long discussion and debate, Sommer requested that the Commission make a recommendation at this meeting. Faught determined that the issue is too complex to make a decision tonight. He would like to hear more feed back and return to the Commission at a later date with a recommendation from staff. 2. PRESENTATION BY SOU ON MOUNTAIN MEADOWS TRANSIT NEEDS Danielle Mancuso, SOU Community Resource Center, noted the transit needs for the senior living in the Mountain Meadows community. Arlene Rogers, Creekstone Way, shared her appreciation for the City's support for seniors. She feels that more could be done in terms of transportation. Many of the places that seniors need to go are not on an RVTD route. Madeline Hill, owner of Mountain Meadows, said that in addition to the seniors that need transportation services, they have about 100 employees that would benefit as well. Laura Obrien, SOU Dean of Student Housing, and also a resident of Mountain Meadows said that they looked at common transportation needs of SOU and Mountain Meadows. She encouraged RVTD and the City to use them as a resource when developing transportation plans. 3. PRESENTATION BY RVTD ON ITS LONG RANGE PLAN Paige Townsend agreed that funding for all social sectors is an issue. She encouraged participants to view RVTD's long-range plan on their website. 4. BIKE PARKING IN THE CENTRAL BUSINESS DISTRICT Olson introduced Alex Amarotico's proposal for dedicating one whole parking space in front of his business at Standing Stone to bicycle parking. Many of the employees bike to work, and Alex has offered bicycles as an incentive for them. Olson requested flexibility from the Transportation Commission while working with Armatico on this initial permit process. After discussion, Young motions to approve this specific project as a pilot program. Sommer seconds, motion passed unanimously. 5. PRESENTATION BY THE SOU SUMMER SCHOOL Students from the Center for Social Ecology and Public Policy at SOU shared the project that they had worked on. They encouraged more one-on-one contact with the citizens during the TSP update C:\DOCUME-I\shipletd\LOCAIS-I\Temp\XPGrpWise\7 21 09 TC Minutes.doc Page 2 of 3 process. They interviewed residents, and talked about their ideas. 6. CAR FREE DAY Steve Ryan requested liaison assistance and $50 to assist with funding. Faught authorized the expense. Swales agreed to be the Commission liaison. V. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS: VI. ADJOURN: 9:10 PM Respectfully submitted, Betsy Harshman, PW Management Assistant C:\DOCUME-1\shipletd\LOCALS-1\Temp\XPGrpWise\7 21 09 TC Minutes.doc Page 3 of 3 CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: September 8, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb((~ashl and. or. us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Jim Mills dba Caldera Brewing Company at 540 Clover Lane? 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 a change in license from Brewery to Brewery Public House. 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 1 ~r, CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: September 8, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb n ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett pal Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Jim Mills dba Caldera Tap House at 31 B Water 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 a change in ownership (prior Siskiyou Pub). 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 I of I ~r, CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: September 8, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb ashland.onus Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Emil McMillan dba BZ's Last Stand & Hacienda at 18 Calle Guanajuato? 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 a change in ownership (formally Pilaf Restaurant). 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 I of I CITY OF ASHLAND Council Communication Approval of a Special Procurement JACO Environmental - Refrigerator and Freezer Recycling Program Meeting Date: September 8, 2009 Primary Staff Contact: Dick Wanderscheid Department: Conservation E-Mail: wanders a ashland.or.us Secondary Dept.: Purchasing Secondary Contact: None Approval: Martha Bennett X9" Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve a Special Procurement requesting approval to enter into a contract with JACO Environmental to operate and offer a refrigerator and freezer recycling program to Ashland residents? Staff Recommendation: Staff recommends that the Special Procurement for the refrigerator and freezer recycling program be approved for the terms of the contract beginning October 1, 2009 and expiring on December 31, 2011. Background: A Special Procurement is a contracting procedure that differs from the procedures required for an Intermediate Procurement (3-written quotes), Invitation to Bid, Request for Proposal, Sole Source or Emergency. The proposed procedure being recommended is direct award per the attached Request for a Special Procurement. For more information, please see the attached Request for a Special Procurement. Related City Policies: The related rules of procedures are included in the attached Request for a Special Procurement. Council Options: The Council, acting as the Local Contract Review Board, can approve the Special Procurement or decline to approve the Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the request for a Special Procurement. Attachments: Request for a Special Procurement Written Findings Appliance Recycling Program (A proposal by JACO Environmental) Cost Scenario Analysis Summary Page 1 of 1 PEN, CITY OF FORM #9 ASHLAND REQUEST FOR APPROVAL SPECIAL PROCUREMENT To: City Council, Local Contract Review Board From: Dick Wanderscheid Date: August 26, 2009 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Conservation 2. Department Contact Name: Dick Wanderschied 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From October 1, 2009 To: December 31, 2011 5. Total Estimated Cost: The only cost to the City will be in labor to facilitate the recycling program. An Ashland resident desiring this service will contact JACO Environmental. JACO will then pick up the refrigerator or freezer at no charge and the Ashland resident will receive a $30 rebate from JACO. The City will in turn be billed by JACO for this service and the City in turn will bill BPA for reimbursement under either our Conservation Rate Credit or Conservation Acquisition Program. 6. Supplies and/or Services or class of Supplies and/or Services to be acquired REFRIGERATOR AND FREEZER RECYCLING PROGRAM 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. The contracting procedure being proposed is "direct award" for the term of this contract. Form #9 - Special Procurement - Request for Approval, Page 1 of 4, 8131/2009 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. JACO operates this type of program for 44 utilities in 19 states. JACO operates this program for the Energy Trust of Oregon in the service territory of Pacificorp which totally surrounds the City of Ashland's service territory. The proximity will help with the City's marketing efforts and also will help eliminate customer confusion since the program would operate seamlessly across service territories' JACO's program is certified by BPA so its costs would be eligible for reimbursement from BPA under their Conservation program funding. The City's volume of appliances that could be serviced under this type of program would be too small to allow another contractor to cost effectively operate such a program. JACO volumes, because they operate so many appliance programs, allow them to offer this service much more cost effectively. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City's volume of appliances that could be serviced under this type of program would be too small to allow another contractor to cost effectively operate such a program. JACO volumes, because they operate so many appliance programs, allow them to offer this service to smaller communities much more cost effectively. JACO provides this appliance recycling service to all residents serviced by Pacific Power throughout Jackson County. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The primary goal of the program is to cost effectively remove old refrigerators and freezers from customer's homes and make sure they do not return to use via donation, gifting and/or resale. A secondary goal is to recycle responsibly the appliances through a process that captures all hazardous materials and recycles as much material as possible (>95%). (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 27913.070, or any rules adopted thereunder because: This recycling program will promote the public's interest by providing a convenient and responsible method to dispose of refrigerators and freezers at no cost to the resident. In addition, the Ashland resident will receive a $30 rebate. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 831/2009 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.or.us -September 9. 2001 ***PENDINGCOUNCH APPROVAL*** PUBLIC NOTICE Approval of a Special Procurement First date of publication: September 9. 2009 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on September 3, 2009. The proposed contracting procedure is "direct award". The City of Ashland intends to enter into a contract with .TACO Environmental. ,TACO Environmental will then be operating and offering a recycling program for refrigerators and freezers to Ashland residents. An Ashland resident clesiring this service will contact JACO Environmental. JACO will then pick up the reffigerator or freezer at no charge and the Ashland resident will receive a $30 rebate from JACO. "I'he City will in turn be billed by JACO for this service and the City in tuns will bill BPA for reimbursement under either our Conservation Rate Credit or Conservation Acquisition Program. llte terms of this contract will begin on October 1, 2009 and expire on December 31, 2011. . It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, Ashland, Oregon 97520. The seven (7) protest period will expire at 5:00pm on September 16, 2009. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 4, Ml/2009 Authority to enter into a Special Procurement: AMC 2.50.070 Procedures for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: G. Special procurements as set forth ORS 2796.085 aul herein. ORS 279B.085 Specie( procurements. (l) As used in this section and ORS 279B.400: (a) "Class special procurement "meats a contracting procedure that differs from the procedures described in ORS 279B.055, 1798.060, 1798.065 and 279B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified class ofgoods or services. (b) "Contract-specific special procurement"meats a contracting procedure that differs front the procedures described in ORS 279B.055, 279B.060, 179B.065 and 279B.070 and is for the purpose of entering into a single contract or a number of related contracts for the acquisition of specified goods or services on a one-time basis or for a single project. (c) "Special procurement "meats, unless the context requires otherwise, a class special procurement, a conlract-speciftc special procurement or both. (2) Except as provided in subsection (3) ofthis section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable. that describes the proposed contracting procedure, the goods or services or the class ofgoods or services to be acquired through the special procurement and the circumstances that justify the use ofa special procurement under the standards set forth in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval ofa special procurement, tire contracting agency shall submit a written request to the Secretary of Sate or the State Treasurer, as applicable, that describes the proposed contracting procedure, the goods or services or the class ofgoods or services to be acquired through the special procurement and the circumstances that justify the use ofa special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurerfinds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use ofa special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of Smte or State Treasurer, will: (a) Be unlikely to encourage favoritism in the awarding ofpublic contracts or to substantially diminish competition for public contracts; and (b) (A) Result in substantial cost savings to the contracting agency or to the public: or (B) Otherwise substantially promote the public interest in a manner that could Plot practicably be realized by complying with requirements that are applicable under ORS 279B. 055, 279B. 060, 279B. 065 or 2798.070 or under any rules adopted thereunder. (5) Public notice of the approval of a proposed special procurement must be given in the same manner as provided in ORS 279B. 055 (4). (6) if a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer the contracting agency determines in writing to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class ofgoods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 ,,§57. 2005 c.103 ,§8d] OAR 137-047-0185 Special Procurements (1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements of ORS 279B. 085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval ofa Special Procurement in the smile manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. (3) Protest. An Affected Person may protest the request for approval ofa Special Procurement in accordance with ORS 279B. 400 and OAR 137-047-0700. Form #9 - Special Procurement- Request for Approval, Page 4 of 4, 8W/2009 CITY OF ASHLAND Memo DATE: August 31, 2009 TO: Lee Tuneberg FROM: Dick Wanderscheid RE: JACO Contract exemption from competitive bidding The City of Ashland has been offered the opportunity to enter into a contract with JACO Environmental to offer refrigerator and freezer recycling service to Ashland's residential customers. JACO offers this service to many other public and private utilities in the Northwest and has now offered to expand this service within the City of Ashland. Public utilities utilizing JACO are Central Lincoln PUD, Clatskanie PUD, Eugene Water and Electric Bd, Forest Grove Power and Light. Appliances that would qualify for the program could be either primary freezers or refrigerators displaced by new efficient units or older secondary units that many homes keep in basements, garages or other storage areas. Because JACO has a similar contracting relationship with the Energy Trust of Oregon they provide this appliance recycling service to all of the Pacific Power served areas of Jackson County. This will help with both marketing and coordination as all southern Oregon customers will be served by the same company when it comes to appliance recycling. The primary goal of the program is to remove inefficient old refrigerators and freezers from customer's homes and make sure they do not return to use via donation, gifting or resale. A secondary goal is to recycle responsibly the appliances through a process that captures all hazardous materials and recycles as much material as possible (>95%). Customers desiring this service will either call or email JACO and the appliance will be picked for free and the customer will also receive a $30 rebate from JACO. Ashland will in turn be billed by JACO for this service and the City in turn will bill BPA for reimbursement under either our Conservation Rate Credit or Conservation Acquisition Program. The city is requesting an exemption from Competitive bidding for this service for the following reasons: • JACO operates this type of program for 44 utilities in 19 states. • JACO operates this program for the Energy Trust of Oregon in the service territory of Pacificorp which totally surrounds the City of Ashland's service territory. The proximity will help with the City's marketing efforts and also will help eliminate customer confusion since the program would operate seamlessly across service territories. Electric Dept Tel: 541 -552 2 57 90 N Mountain St. Fax: 541-552 2436 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us CITY OF ASHLAND • JACO's program is certified by BPA so its costs would be eligible for reimbursement from BPA under their Conservation program funding.The City's volume of appliances that could be serviced under this type of program would be too small to allow another contractor to cost effectively operate such a program. JACO volumes, because they operate so many appliance programs, allow them to offer this service much more cost effectively. Electric Dept. Tex: 541-88-5357 90 N Mountain St. Fax: 541-552 2436 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL City of Ashland Electric Department Appliance Recycling Program Submitted to City of Ashland Electric Department August, 24, 2009 A Proposalby JACO Environmental Ilik JACO Contact Information: Mr. Bob Nicholas JACO Environmental 18323 Bothell Everett Highway, Bothell, WA 98012 Voice: 425.754.4894 Fax: 425.423.7873 Email: bobnnn iacoinc.net JACO Environmental page I August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL Table of Contents 1. Introduction 3 2. Program Rationale and Design 4 2.1. Program Rationale 4 2.2. Program Design 4 3. Program Implementation Components 6 3.1. Advertising, Marketing, and Public Relations 6 3.2. Call Center / Web Site Customer Service 7 3.3. Appliance Collection 7 3.4. Appliance Recycling 8 3.5. Incentive Check Fulfillment 8 3.6. Data Management 8 3.7. Cost Summary 9 4. Schedule, Duration, and Conclusion 10 5. Attachment A - Cost Scenario Analysis Summary 11 JACO Environmental - page 2 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL 1. Introduction City of Ashland Electric Department (Ashland) is interested in providing an appliance recycling program (ARP) to its residential customers to complement its energy efficiency program offerings. JACO Environmental, Inc. (JACO) is pleased to submit this proposal to deliver an ARP during August 2009 through December 2011 to the approximately 8,600 residential customers of Ashland. Ashland would like to offer a refrigerator (and freezer) collection and recycling service in order to capture significant energy savings and environmental benefits by encouraging customers to recycle old units. Refrigerators qualifying for the program could be either 1) primary refrigerators displaced by new refrigerators or 2) older working secondary refrigerators and freezers that many homes keep in a basement, garage or other storage space. The customer giving up a refrigerator would receive a $30 per unit "bounty" for one or two working appliances. The units would be collected from their home by an experienced utility refrigerator recycling program delivery contractor - JACO Environmental, Inc. The appliance recycling program would be promoted by Ashland through traditional channels such as bill inserts and/or its web site, and also could be incorporated into any Ashland area newspaper or TV promotion. The primary goal of the program is to remove cost effectively old refrigerators from customer's homes and make sure they do not return to the Ashland area (or nearby regional) grid through donation, gifting or resale. A secondary goal of the program is to recycle responsibly the refrigerators collected through a process that captures all the hazardous materials (including CFC-11 and CFC-12, oils, PCBs, mercury) and recycles as much material as possible (>95%). JACO currently implements similar ARP's for several other electric utilities or energy efficiency service providers in Oregon - most notably Energy Trust of Oregon (in the PacifiCorp and Portland General Electric service territories), as well as Central Lincoln PUD, Clatskanie PUD, Eugene Water and Electric, and Forest Grove Light and Power. The Clatskanie PUD ARP would use a program design and incentive levels similar to those other programs. JACO is currently (July 2009) operating ARP's (or (or soon will operate) for approximately 44 utilities in 19 states (Arizona, California, Colorado, Georgia, Idaho, Illinois, Massachusetts, Michigan, Nebraska, Nevada, New Jersey, New Mexico, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Washington, Wyoming), and one Canadian province (Quebec). JACO was recognized'during 2004 and 2007 by the U.S. Environmental Protection Agency (EPA). JACO Environmental page 3 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL 2. Program Rationale and Design 2.1. Program Rationale The ARP's core theory is that many customers retain and operate spare appliances even though such units are old, inefficient, and/or ineffectively operated (e.g., a secondary refrigerator is frequently mostly empty, or used simply to keep beverages cold). These circumstances occur because the customer 1) does not recognize the full cost of operating the units in this way and/or 2) perceives a hassle factor regarding the disposal of the unit. The ARP overcomes this inertia by 1) publicizing the true costs of running the old, inefficient units, 2) making unit disposal extremely convenient and hassle free, and 3) offering an incentive. The ARP also prevents the customer from either 1) using a haul-away and resale service, or 2) transferring the appliance to another Ashland (or Pacific Northwest power grid) customer. In either of these options, the older, inefficient appliance often continues to be utilized. 2.2. Program Design Key features of the successful ARP design proposed by JACO for Ashland include the following. Target primary and secondary refrigerators and stand-alone freezers with the following attributes: - Customer type: units must be located at a residential location served by Ashland. - Unit status: units must be demonstrated to be operating (i.e., producing appropriately cold temperatures) at the point of pick-up. - Unit types: refrigerators and freezers both are eligible. - Unit refrigerant type: any refrigerant type except ammonia or S02. - Size: units 10-30 cubic feet eligible (i.e., smaller and larger units not eligible) - Age: no vintage restrictions - JACO's experience from recycling thousands of refrigerators shows that 1) newer models will make up only a very small percentage of all the units, 2) the average age of recycled units is typically 20+ years, and 3) vintage restrictions can cause customer service issues for those customers whose refrigerators do not qualify. [If an age restriction must be utilized, JACO suggests limiting them to refrigerators and freezers, and basing it on the presence of a compressor that utilizes CFC-12 or CFC-22 (a surrogate for units manufactured before approximately 1995)] Efficiency: Energy Star refrigerators not eligible. Number: up to two units harvestable from any given customer account per calendar year. JACO Environmental page 4 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL Clear, call-to-action marketing - for Ashland, JACO recommends that the utility market the ARP through its typical customer communication channels (e.g., web page, bill inserts, retail store point of sale flyers, and possibly ads in local newspapers). JACO can provide advice, content and even templates at no cost. Reasonable incentive level - incentive levels for ARPs typically range between $25 and $50 per harvested unit. For the Ashland ARP, JACO believes it makes sense for the incentive level to match the $30 incentive offered in nearby service territories (e.g., Energy Trust of Oregon/PacifiCorp). The actual incentive level can be determined based upon the ranges cited above, the Ashland program budget, and/or cost-effectiveness test results. Excellent customer service - Ashland residential customers will be able to call a toll-free number and/or use the Internet to schedule pick-ups, and have an excellent customer service experience. Complete tracking - the system will track units from the time a customer contacts the program, to the customer site unit collection, and all the way through the recycling process. Tracking includes (but is not limited to) noting the disabling of appliances at the customer site, customer verification and full documentation of number, size and type of units recycled, and the total volume of materials recycled. Responsible, complete recycling - since the utility is encouraging customers to dispose of their refrigerators, it is incumbent upon the utility to provide the most responsible recycling. The JACO Environmental ARP offers the most complete recycling available. The process captures hazardous materials and Greenhouse Gas (GHG) Ozone Depleting Substances (ODS). The process also recycles over 95% of unit materials (e.g., metal, glass, plastic). The process has become the standard for programs offered essentially statewide in California, Georgia, Nevada, New Mexico, Utah, and Washington, and meets the requirements of the EPA's Responsible Appliance Disposal (RAD) program (see http://epa.gov/ozone/partnerships/rad/radusappldisl)osal.html Experienced program delivery company - JACO is the nation's premier provider of utility ARPs, and currently implements (or soon will implement) such programs at approximately 44 utilities. JACO's ARP has been nationally recognized by EPA twice (in 2004 and again in 2007). PG&E's ARP (as implemented by JACO) received ACEEE Exemplary Program recognition at its fall 2007 conference. Compensation directly tied to program-compliant unit volumes -JACO will invoice Ashland only for qualifying units harvested and recycled, and will submit documentation of refrigerators recycled with each monthly invoice. The utility thus only pays for program-eligible units that are removed from the grid and recycled. JACO Environmental page 5 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL 3. Program Implementation Components JACO Environmental offers a turnkey ARP implementation. The typical offering from JACO includes marketing/advertising, call center/web site customer service, in-home appliance collection, environmentally proper appliance recycling, incentive check fulfillment, and data management/reporting. Each aspect is discussed in turn below. Specific ARP responsibilities for the Ashland implementation are summarized in tabular form below. Ashland JACO ARP Function Responsibility Marketing/advertising X Call center/web site customer service X Appliance collection X Appliance recycling X Customer incentive check fulfillment X Data management / reporting X Customer service sub-issue: extracts of assumed yes selected customer database fields provided electronically to JACO? JACO provides all costs on a cost per unit basis. The aggregate, per unit cost for a recycled appliance will be billed to Ashland as a lump sum once the unit has been harvested and recycled. Billing (i.e., invoicing) will occur on a monthly basis. 3.1. Advertising, Marketing, and Public Relations JACO Environmental has developed a formula for determining how many refrigerators/freezers can be collected annually in any given utility service territory. Volumes are directly proportionate to the amount and type of marketing used to advertise the program. Since there are an average of 1.18 refrigerators and 0.35 freezers per household in the United States t, and since households replace their primary kitchen refrigerator approximately every 18 years 2, the number of available units is extremely large (and continues to be "replenished" on a daily basis). JACO's experience dating back to 2001 is that a geographically compact utility ARP can collect annual unit volumes amounting to a "annual harvest rate" (AHR) of approximately I% of the total number of residential electric service accounts with a modest marketing budget (i.e., i See http:i/www.cia.doe.aov/emeu/reps/enduse/erOI us tabl.html ; 126.0 million refrigerators divided by 107.0 million total households = 1.18 refrigerators per household; 37.9 million freezers divided by 107.0 million total households = 0.35 freezers per household. z SERA, "Revised/Updated EULs based on Retention and Persistence Studies Results", submitted to Southern California Edison, 7/8/05, Table 3.1, row entry 43. JACO Environmental page 6 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL comprised significantly of bill stuffers, utility web site materials, and retail store point of sale flyers, and possibly supplemented with newspaper and/or TV ads). Significantly higher annual harvest rates of [as high as] 3-4% are attainable for a number of consecutive years, but only if mass media (e.g., newspapers and TV commercials) are used relatively aggressively. JACO and Ashland have discussed these issues, and have agreed that Ashland should handle the marketing aspect of the ARP in-house, and should target a 1% AHR. JACO recommends a marketing budget of between $10 and $15/unit to achieve the 1% AHR ARP unit volume goal (see related discussion in Section 3.7 and Section 5/Attachment A). 3.2. Call Center/ Web Site Customer Service JACO operates a call center in Everett, Washington (JACO's corporate headquarters) with inbound toll-free numbers for utility customers to schedule appointments for specific dates to have their refrigerators picked up and recycled. Alternatively, customers can register online and create their own tracking number and choose their collection date. These services are offered in both English and Spanish, with other languages available as needed. JACO's call center and web site usually utilizes sophisticated pre-qualifying screening criteria and systems in its ARP implementations. Extracts of selected customer database fields (i.e., customer name, account number, service street address/city/zip code) are assumed provided by the utility on a weekly or monthly basis. This particular approach 1) results in relatively quick calls with the customer, 2) minimizes the chance of unit collection address data entry errors occurring, and 3) integrates with incentive check fulfillment and ARP reporting/invoicing. Program option: Ashland may choose to not provide JACO with extracts of customer database fields, with associated slightly increased implementation costs (see Section 3.7 discussion). The extra costs are reflective of extra incurred JACO manual processing of ARP information. 3.3. Appliance Collection JACO Environmental frequently has trucks on the road in the general vicinity of the Ashland service territory because of its various ARP implementations across the state of Oregon (e.g., the portion of the PacifiCorp service territory around Medford). This service will be extended to the Ashland service territory. Based on estimated unit volumes, JACO expects to conduct unit collections on a semi-weekly basis as needed. JACO will determine which days of the month are best to arrange the unit collections. The JACO appliance pick-up teams will call 24-48 hours ahead to remind customers of their appointments, and will set a morning or afternoon appointment window for the unit collection at that time. Upon arrival at the customer location, JACO staff will show ID badges, check the working condition of the refrigerators and freezers, and have the customer answer some questions regarding the unit and their ARP experience to date. The customer is given a copy of a triplicate Appliance Tracking Order (ATO) that the crew prints from the database for their daily collection route. The ATO also serves as a receipt for the customer incentive check, as well as documentation of unit title transfer from the customer to JACO. JACO Environmental page 7 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL The unit collection crew will move the appliance to the truck, and will cut the power cord, smash the cold control, destroy the door gaskets, mark the unit with a large colored "X" and tracking number on the side to indicate that the harvested unit is not to be reused or resold. 3.4. Appliance Recycling Units collected from Ashland customers will be sent to a JACO facility in Portland for processing. The CFC (or HCFC or HFC) refrigerant and compressor oil will be evacuated and recycled, any PCBs or mercury components will be removed, stored and destroyed as hazardous waste, and all plastic, glass, and metals will be separated and recycled. Significantly, JACO recycling processes offer capture and destroy 95+% of the CFCs and HCFCs used in polyurethane foam insulation material. Most refrigerators and freezers manufactured in the U.S. between 1975 and 1995 contain polyurethane insulation in the walls of the appliance. During this 20-year period, CFC-11 (an ozone- depleting chemical that also contributes to the Greenhouse effect responsible for Global Warming), was used as a blowing agent in this foam. Refrigerators typically contain approximately 1 lb. of CFC-11 in the foam insulation. Recycling a unit without addressing the presence of the CFC-11 foam will cause the gas to be released into the atmosphere when the unit is shredded for scrap metal (with the rest of the materials being land-filled). Approximately 35% of the CFC-11 will be released at the time of metal shredding, and it will continue to out-gas at a rapid rate in the landfill. For the program implementation period, CFC and HCFC foam will be destroyed by incineration at a location such as the Spokane WTE facility in eastern Washington. 3.5. Incentive Check Fulfillment The customer incentive payment process involves 1) getting the appliance tum-in forms from the recycling processing facility to JACO headquarters (shipped weekly, as applicable), 2) verifying all data, and 3) mailing the checks to the customer addresses. The incentive payment process is managed through JACO's comprehensive program tracking database. JACO will issue all incentive checks to Ashland ARP participants within four weeks of unit pickup. The four week time frame includes an allowance for delays in postal service and possible "returned mail" cycles. Most checks will be issued within 14 days of the actual pick up. If desired by Ashland, JACO checks will utilize the utility logo. As was noted in Section 2.2, JACO recommends a $30/unit incentive for up to 2 refrigerators or freezers per customer per calendar year. 3.6. Data Management All customers who schedule an appointment through the toll free number or online are given a unique tracking number in JACO's tracking system/database. This tracking number follows the appliance from the time it is scheduled until it is recycled and all the materials separated into various waste streams. JACO Environmental page 8 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL The tracking system will allow Ashland to see information such as when a unit was collected, how old it was, how much refrigerant and oil was in the unit, and whether or not it contained a PCB or mercury component. The database is based in Microsoft SQL Server, and has approximately 69 fields for program information pertaining to orders and units. Ashland program management can access this database on their desktops on demand via the JACO website reporting "dashboard", and can extract/print Excel spreadsheets or PDF files with whatever information they need at that time. For basic ARP planning and high-level monitoring purposes, JACO recommends use of a deemed savings approach. Specifically, JACO recommends that the Northwest Power and Conservation Council (NWPCC) Regional Technical Forum (RTF) 2008-established net annual savings values of 905 and 925 kWh be used for refrigerators and freezers, respectively; these values are the most up to date values published by the RTF. For ongoing ARP reporting and tracking purposes, JACO plans on characterizing annual energy savings on a gross basis using a unit-specific, "bottom up", "as experienced" approach. Specifically, JACO will attempt to match unit brand names and model numbers for all harvested units with an associated full-year usage annual kWh consumption value listed in an appliance database - most likely from homenergy.org (which utilizes when-new annual kWh values) JACO typically utilizes the homenergy.org source (based on relatively high coverage rates and a grounded understanding of its coverage biases). Record values from the agreed-upon database can be utilized in ARP reports (and associated invoices) as a cross-check with deemed savings values. In typical ARP implementations, these efforts result in approximately 50% of harvested units being matched; the match rate is not higher because 1) identifier tags frequently are partially rusted out (and therefore unreadable) and 2) database coverage is lower for units manufactured prior to the early 1970s). If desired by Ashland, program-wide adjustment factors (e.g., for partial-year use effects) can be identified based on JACO discussions with Ashland and/or the EM&V consultant, and can be applied to the reported annual kWh "bottom up" data. 3.7. Cost Summary The tables on the next page summarize the assumed unit volumes and pricing information for the Ashland ARP services. Pricing assumes the Base Case implementation (i.e., Ashland provides customer database extracts to JACO regularly). There are no costs assumed for marketing/advertising and public relations, since that particular ARP function will be performed by the utility (with some advice and content from JACO). ' The when-new data subsequently can be adjusted by an age degradation factor, e.g., 1.37% per year of age. The 1.37% factor is per Miller and Pratt, "Estimates of Refrigerator Loads in Public Housing Based on Metered Consumption Data", October 1998; refer to Table 3.2 in the study. JACO Environmental page 9 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL Unit Volumes 2009 2010 2011 Total Residential Electric Accounts (estimate) 8,600 8,600 8,600 Annual Harvest Rate 1 % 1 % 1% Year Fraction Factor 25% 100% 100% Units 22 86 86 194 Pricing Cost Cate go Cost Per Unit $ Units Total Cost $ Direct Implementation $110.00 194 $21,340 Marketing $0.00 194 $0 Incentive $30.00 194 $5,820 Total $140.00 194 $27,160 Program options relative to the Base Case are summarized in cost per unit terms below. Description Pricing Change Resulting New Total Cost No customer database extracts provided +$2.50/unit $142.50/unit, total cost Note that Section 5/Attachment A provides additional cost characteristics regarding the Ashland ARP implementation. 4. Schedule, Duration, and Conclusion The program described above could be launched within several weeks of Ashland contractual approval. JACO assumes a start date of October 1, 2009. Unit collections then would continue through the end of December 2011. JACO would be pleased to work with Ashland to offer an ARP to its customers. It can become a highly cost-effective component in Ashland energy efficiency program portfolio, as well as a hallmark of Ashland customer service. Please feel free to contact me with any questions about this proposal. Bob Nicholas Bob Nicholas Business Development Cell: 425.754.4894 Email: bobn(a4acoinc.net JACO Environmental page 10 August 24, 2009 Proposed City of Ashland Electric Department Appliance Recycling Program CONFIDENTIAL 5. Attachment A - Cost Scenario Analysis Summary Attachment A consists of an ARP cost scenario analysis workbook containing a variety of program planning information for Ashland. The workbook is provided below as an embedded Excel file object, and assumes the Base Case implementation (i.e., Ashland provides customer database extracts to JACO regularly). It can be accessed by double-clicking on the Excel icon. Ashland ARP Data JACO Environmental page I I August 24, 2009 City of Ashland FJectric Department ARP Cost Analysis Confidential Attachment A Cost Scenario Analysis Summary 2009-2011 Proposed City of Ashland Electric Department Appliance Recycling Program (ARP) -Frog. Assumptions Market Penmmdon (Program Volumes) PY 2009 Total Residential Electric Account Base 8,600 per utility Annual Harvest Rate (AHR) 1.00% scenano assumption Year Fraction Factor 25% assumes program runs 10/12009 -12/3112009 (3 months) Units 22 calculatetl value PY 2010 Total Residential Electric Account Base 8,600 per utility Annual Harvest Rate (MR) 1. W% scenano assumption Year FracGM Factor 100% assumes program was all year Units 86 .1cubtad value PY 2011 Total Residential Electric Account Base OWO per utility Annual Harvest Rate (MR) 100% scenan0 assumption Year Fraction Factor 100% assumes program tons all year Units 86 calculawdl value Measure Savings Attributes: Refrigerators Refrigerator Fraction of Total Program Volumes 80%JACO estimate for Pacific NW ARPs Refrigerator Net Energy Savings (annual kWhanit) 905 per Northwest Power and Conservation Cauncil(NWP Regional Technical FOmm(RTF), 2008 Refrigerator Net Demand Savings (avg kW) 0.10 based on net energy savings value and 8760 hriyr Measure Savings Attributes: Freezers Freezer Fraction of Tot2I Program Volumes 20%JACO estimate for Pacific NW ARPs Freezer Net Energy Savirgs(annual kWNUnit) 925 per Northwest Prover and Conservation Cwabhl(NWPCC) Regional Technical Forum(RTF), 2W8 Freezer Net Demand Savings to, kW) 0.11 based on net energy savings value and 87W hdyr Measure Savings Attributes: Welghtad Not Avg (RefdgemterlFraezer) Vil Avg. Net Energy Savings (annual kwh it) 909 calculated based on above assumptions Md. Avg. Net Ceramist Savings (avg kN) 0.10 based on net energy savings value and 87W hbyr Measure Ltte (appiic. to refigemtom and freezers) 8 per Northwest Power and Conservation Council (NVJPCC) Regional Technical Foram (RTF) Per4Jnit Implem adat im Cost Assumptions Direct Implementation $ 110.00 comprehensive Implementation services Advertising, Marketing and PR $ - Provided by utility Incentive $ 30.00 identical to 2W9 incentive levels elsvi in Pacific Northwest Tutallripl.tation Cosl S 140.W total of above Macroeconomic Assumption Discount Rate 5.5%JACO estimate for muniapal utility systems Annual-and 3~Ywr Total Program Meirics,(rios~ PY e'Itom year') PY 2009 PY2010 PY2011 3PY Totals Unit Volumes(mfngemtors and freezers) 22 86 86 194 Program Cosh (excl. ETO Prop. Admin and EMBV) %of Total 0mact Implementation $ 2,420 $ 9,460 S 9.480 $ 21.340 79% Marketing S - $ - S - $ - 0% Incentive $ 600 $ 2,580 $ 2,580 S 5,820 21% Total s 3,090 It 12,040 $ 112,040 $ 27,1$0 100% Net 1st Year Load Impacts Annual kWh 19,996 78,174 78,174 178,318 avg mW O.W 0.01 0.01 002 Detailed Yearly-Year Analysis for 3-Year Total Program Levellxad Cost Cal" (assumes all units In PY % begin accruing benefits on Jan 1 of PY PY 2W9 PY 2010 PY2011 blot Sumfor31 ProgramC stc $ 3,080 $ 12.040 S 12,040 $ 25,310 Net Annual kNII Load Impact Info PY 2009 PY 2010 PY 2011 Sum for 3 PY's 2009 19,998 19.9% 2010 19.998 78,174 98,172 2011 19,908 78,174 78,174 176,346 2012 19,998 78.174 78,174 178,34(l 2013 19,998 78,174 78,174 176.346 2014 18,998 78,174 78,174 176.346 2015 19,996 78,174 78,174 176,346 2016 19,998 78,174 78,174 176,346 2017 78,174 78,174 156,348 2018 78,174 78,174 Total Net Annual kM Impacts, 2009-2018 159,984 625,392 625,392 1,410,768 PV of Net Annual kWh Impacts, 2000-2018 1,098.227 Overall 2009-2011 Program Levelized COsts(SrkM) S 0.023 tend, mktg) JACO EnvimnmenWl July 10, 2009 CITY OF ASHLAND Council Communication Approval of a Joint Funding Agreement with the US Geological Survey Meeting Date: September 8, 2009 Primary Staff Contact: James H. Olson 552-2412 Department: Public Works/Engineering E-Mail: ' olsonj a,ashland.or.us Secondary Dept.: Finance Secondary Contact: Pieter Smeenk Approval: Martha Bennett V'~v Estimated Time: Consent Agenda Question: Will the Council approve a joint funding agreement with the US Geological Survey to continue the ongoing water data collection program, which requires the City to provide one half of the $48,240 annual cost and authorize the City Administrator to sign future agreements? Staff Recommendation: Staff recommends that the Council approve a joint funding agreement with the US Geological Survey to continue the ongoing water data collection program and authorize the City to pay one half of the total $48,240 annual cost. Background: Action Summary The US Department of the Interior, through its US Geological Survey (USGS), continues to operate, maintain and calibrate two stream gauging stations on Ashland Creek, and one on Bear Creek near the wastewater treatment plant. Although the stations have been in place for many years, the joint funding agreement is on an annual renewal basis so that minor changes in maintenance costs can be adequately reflected. The Council's approval of this program and agreement would allow the City Administrator to sign this and future annual agreements as long as the costs remain within approved budget constraints. History Stream gauging stations were first installed on the east and west forks of Ashland Creek in September of 1924. The first stations were cable crossings with a small gondola suspended under the cable. From this cable car, a technician would measure the depth and velocity of the stream at 5-foot intervals across the creek width. This procedure was only done once a year. The cable crossings have since been replaced with continuous data collectors which transmit water flow data every 15 minutes. The three Ashland gauging stations are part of the USGS's National Streamflow Information Program (NSIP) which has about 4,780 funded stream gauges nationwide. In Oregon there are 183 of these gauges with about 94 of these providing water quality information as well as water flow information. The Ashland stations provide only water quantity data in the format attached as Exhibits A, B, and C. The data is available online at the USGS website at www.waterdata.usgs.gov/or/nwis under the real-time data for: USGS 14353000 - West Fork Ashland Creek USGS 14353500 - East Fork Ashland Creek USGS 14354200 -Bear Creek Page I oft CITY OF ASHLAND Related City Policies: The council established policy for approval of annual renewable IGA's requires that the original IGA be approved by Council and that subsequent renewals may be approved by the City Administator. Council Options: • The Council may approve or reject the attached joint funding agreement with the USGS. Potential Motions: ■ Move to approve the attached joint funding agreement with the USGS ■ Move to delay or deny approval of the joint funding agreement with the USGS Attachments: Joint Funding Agreement Exhibit A - Water data for West Fork Ashland Creek Exhibit B - Water data for East Fork Ashland Creek Exhibit C - Water data for Bear Creek Photos Page 2 of 2 PSMso OF ThR. United States Department of the Interior N 9 US L GICAL U VEY Oregon Wergctence Lien er o"' 2130 SW 5"' Ave Portland, Oregon 97201 http://or.water.usgs.gov / f July 13, 2009 Mr. Mike Faught, Director of Public Works RECEIVED City of Ashland 20 East Main JUL 4 7 Ashland, Oregon 97520 Dear Mr. Faught City of Ast, f land This letter concerns our continuing cooperative data collection program for Federal fiscal year 2010 (October 1, 2009 to September 30, 2010). Total costs to continue the program for Federal fiscal year 2010 will be $48,240. The City of Ashland's share is $24,120. The U.S. Geological Survey will provide $24,120 of Federal Matching Funds to support this work. Summary of the FY 2010 costs associated with this program is as follows: Station City of Federal Number Station Name Ashland Matching Total 14353000 West Fork Ashland Creek near $8,040 $8,040 $16,080 Ashland, OR 14353500 East Fork Ashland Creek near 8,040 8,040 16,080 Ashland, OR 14354200 Bear Creek below Ashland Creek near 8,040 8,040 16,080 Ashland, OR $24,120 $24,120 $48,240 Total Attached are two original copies of a Joint Funding Agreement (JFA) to confirm our negotiations to continue this data collection program. Please sign both originals; return one signed original in the enclosed self-addressed envelope and retain the other original for your records. Mr. Faught In order to continue providing data and/or investigations for your agency, we will need to have the enclosed JFA signed and received in this office no later than October 1, 2009. If you feel that your agency cannot meet this target date, please let us know when we could expect to receive the signed JFA. Funds are not required at this time; a signed agreement is not a bill, only an agreement to pay for the work that will be done. The Water Resources Cooperative Program operates under the authority of statute 43 USC 50 which allows us to perform this work. The Oregon Water Science Center DUNS number is 137883463. Billing will be by DI-1040. Final billing for Federal fiscal year 2010 will occur near the end of June 2010. Work performed with funds from this agreement will be conducted on a fixed-price basis. The results of all work under this agreement will be available for publication by the U.S. Geological Survey. If you would like to consider a multi-year agreement, please let us know. We can enter into multi-year agreements up to a five-year period. At this time, we can provide costs out to Federal fiscal year 2014. Multi-year agreements can be amended as needed to meet changes in program needs and/or funding levels. We look forward to continuing our successful relationship during the upcoming year. If you have any questions concerning this letter or the data program in general, please feel free to contact Tom Herrett at (503) 251-3239. Sincerely, Dennis D. Lynch Center Director Enclosures - 2 JFA's w/return envelope 2 Page 1 of 2 Page 1 of 2 Form 9-1366 U.S. Department of the Interior Customer a: CR056 (Oct. 2005) U.S. Geological Survey Agreement N: Joint Funding Agreement Project: TIN 93.6002117 Fixed Cost Agreement F Yes' No FOR OREGON WATER SCIENCE CENTER THIS AGREEMENT is entered into as of the 1st day of October, 2009, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF ASHLAND, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in Cooperation a water resources data collection program on the Ashland Creek, Ashland, Oregon, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of $0. by the party of the first part during the period (a) $24,120.00 October 1, 2009 to September 30, 2010 by the party of the second part during the period (b) $24,120.00 October 1, 2009 to September 30, 2010 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other parry. https://gsvaresa0l.er. usgs.gov/W ebFonns/9-1366R. nsf/C2b886045170c623 852571330054... 7/14/2009 Page 2 of 2 Page 2 of 2 Form 9-1366 U.S. Department of the Interior customer oa056 continued U.S. Geological Survey Agreement Joint Funding Agreement Project TIN 93-6002117 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the parry of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983). U.S. Geological Survey City of Ashland United States Department of the Interior USGS Point of Contact Customer Point of Contact Name: Thomas A. Herrett Name: Mike Faught, Director of Public Works Address: USGS, OWSC Address: City of Ashland 2130 SW 51h Avenue 20 East Main Portland, OR 97201 Ashland, OR 97520 Telephone: 503 251 3239 Telephone: 541 552 2411 Email: herrett@usgs.gov Email: faughtm@ashland.or.us tur matures By Date 3la % By Date Name: Dennis D. Lynch Name: Title: Center Director Title: By Date By Date Name: Name: Title: Title: By Date By Date Name: Name: Title: Title: https://gsvaresa0l.er.usgs.gov/WebForTns/9-1366R.nsf/c2b886045170c623 852571330054... 7/14/2009 USGS Real-Time Water Data for USGS 14353000 WEST FORK ASHLAND CREEK NEAR ASHLAND,... Page 1 of 3 LA I EXHIBIT A USGS Home Contact USGS Search USGS '.gw National Water Information System: Web Interface Data Ca' or Geographic Area: USGS Water ResOurces Real-time (Oregon GO News New Mapper and Ex eo rimental Real-Time Web Service - updated August 2009 Annual Water Data Reports for Oregon Water Years 2002-07 (chick here) USGS 14353000 WEST FORK ASHLAND CREEK NEAR ASHLAND, OR PROVISIONAL DATA SUBJECT TO REVISION Available data for this site Time-series: Real-time data GO Station operated in cooperation with the city of Ashland. STATION.--14353000 WEST FORK ASHLAND CREEK NEAR ASHLAND, OR LOCATION.--Lat 420 08'55", long 1220 42155" near line between NW 1/4 SW 1/4 sec.28, T.39 S., R.1 E., Jackson County, Hydrologic Unit 17100308, in Rogue River National Forest, on left bank 0.3 mi upstream from city diversion, 2.5 mi south of Ashland, and at mile 0.4. DRAINAGE AREA.--10.5 mil, at diversion dam 0.3 mi downstream. PERIOD OF RECORD.--September 1924 to January 1933, water years 1954-60, 1963, annual maximum; December 1974 to September 1982, Oct. 2002 to current year. Monthly discharge only for some periods published in WSP 1318. GAGE.--Water-stage recorder and crest-stage gage. Datum of gage is 2,961.75 ft above NGVD of 1929. Sept. 10, 1924, to Jan. 31, 1933, water-stage recorder at site about 0.2 mi . upstream at different datum. Oct. 14, 1953 to Sept. 30, 1963, crest-stage gage at diversion dam 0.3 mi downstream at different datum. Oct. 1, 2002 to Aug. 29, 2005, water-stage recorder at same site at datum 1.00 ft higher. REMARKS.--No regulation or diversionabove station. EXTREMES FOR PERIOD OF RECORD.--Maximum discharge, 330 ft3/s Dec. 2, 1962, gage height, 15.51 ft, site and datum then in use, from rating curve defined by computation of peak flow over dam; minimum, 0.8 ft3/s Sept. 7, 2005 NOTE: The most current shifted rating for this site can be found at USGS,., Rating Depot website. Available Parameters Output format ~Days r All 2 Available Parameters for this site C Graph 1' - IT 00060 Discharge Graph w/ stats (1-60) GO r 00065 Gage height Graph w/o stats Table r: Tab-separated StIMMi)ry- of all_availabl.e data for_this site Discharge, cubic feet per second Most recent instantaneous value: 1.4 08-13-2009 15:15 ittp://waterdata.usgs.gov/or/nwis/uv/?site_no=14353000&PARAmeter_cd=00065,00060 8/13/2009 USGS Real-Time Water Data for USGS 14353000 WEST FORK ASHLAND CREEK NEAR ASHLAND,... Page 2 of USGS 14353800 ME57 FORK ASHLAND CREEK NEAR ASHLAND. OR 5.0 4.0 J G i. y 3.0 L m 6 2.e jau ru y r _wA t, ~dsrv, ,rArµ, rrlL I 't 1.0 . ' I m t u y .y 0 0.5 Aug 136 Aug 67 Rug 06 Aug 09 Aug 18 Aug 11 Aug 12 Aug 13 Provisional Data Subject to Revision Median daily statistic (22 years) - Discharge Create presentation-quality graph Parameter 00060; DD 01 Daily discharge statistics, in cfs, for Aug 13 based on 22 years of record more Most Recent 4ectt 80th Instantaneous ( Min - [Mean] ❑ percen- Max Value 1926] Median the 1.4 1.6 2.0 3.5 3.5 S.0 5.8 Gage height, feet Most recent instantaneous value: 0.92 08-13-2009 15:15 USGS 14353008 WEST FORK ASHLAND CREEK NEAR ASHLAND. OR 1.10 1.05 u 1.00 ...........E. _ _ u u e 8.95 - - m 17L JT6 ~ 8.90 t'__.. 8.85 .J;.,- 8.80 0.75 . ..1... Aug 06 Aug 07 Rug 88 Aug 89 Aug 18 Aug 11 Aug 12 Aug 13 Provisional Data Subject to Revision Create presentation-qualit ra hh Parameter 00065; DD 02 Questions about sites/data? ToE Feedback on this web site Ex planation of terms Automated retrievals Subscribe for system changes News USES Real-Time Water Data for USGS 14353500 EAST FORK ASHLAND CREEK N... Page I of 3 EXHIBIT B USGS Home Contact USGS Search USGS National Water Information System: Web Interface Dina Category: Gvn,r IWC Area: f~ uses ware. aeao",cea Real-time united states U GO News New flipper and Experimental Real-Time Web Servyu, - updated August 2009 USGS 14353500 EAST FORK ASHLAND CREEK NEAR ASHLAND, OR PROVISIONAL DATA SUBJECT TO REVISION Available data for this site i Time-series: Real-tim_e data GO; Station operated in cooperation with the city of Ashland. STATION.--14353500 EAST FORK ASHLAND CREEK NEAR ASHLAND, OR LOCATION.--Lat 42° 09'10", long 122° 42130", in NW 1/4, NW 1./4 sec.28, T.39 S., R.1 E., Jackson County, Hydrologic Unit 17100308, in Roque River National Forest, on left bank 0.1 mi upstream from city diversion dam, 2.5 mi south of Ashland, and at mile 0.2. DRAINAGE AREA.--8.14 m.i.2, at diversion dam 0.1 mi downstream. PERIOD OF RECORD.--September 1924 to January 1933, water years 1954-60, 1963, annual maximum; December 1974 to September 1982, Oct. 2002 to current year. GAGE.--Water-stage recorder and crest-stage gage. Datum of gage is 2,903.70 ft above NGVD of 1929. Sept. 10, 1924 to Jan. 31, 1933, water-stage recorder at site about 200 ft downstream at different datum. Oct. 19, 1953 to Sept. 30, 1963, crest-stage gage at diversion dam 0.1. mi downstream at different datum. EXTREMES FOR PERIOD OF RECORD.--Maximum discharge, 335 ft3/s Dec. 2, 1962, gage height, 5:42 ft, site and datum then in use, from rating curve defined by computation of peak flow over dam; minimum discharge, 0.47 ft'/s Mar. 14, 1977, result of freezeup. EXTREMES OUTSIDE PERIOD OF RECORD.--Flood of Jan. 15, 1974, is the highest since at least 1925. Discharge, 5,630 ft3/s by slope-area measurement of peak flow, gage height, 10.2 ft from floodmarks. Peak believed to be affected by release from debris dams breaking upstream. NOTE: The most current shifted rating for this site can be found at USGS Rating Depot website. Available Parameters Output format Days 7 All 2 Available Parameters for this site @ )Graph 000060 Discharge OGraph w/ stats Ii_bpl co 000065 Gage height OGraph w/0 stats OTable OTab-separated Summary of all available data for this site Discharge, cubic feet per second Most recent instantaneous value: 1.7 08-13-2009 15:15 http://waterdata.usgs.gov/nwis/uv?14353500 8/13/2009 USGS Real-Time Water Data for USGS 14353500 EAST PORK ASHLAND CREEK N... Page 2 of 3 USGS 14354088 EAST FORK ASHLAND CREEK TEAR ASHLAND, OR 5,B I 4.0 I i ~ o 3.0 - -M i i g I 1 e 1.e Avg 88 Aug W Rug e8 Aug A9 Aug to Aug 11 Aug 12 Dug 18 Provislonal Data Subject to Revision 6 Median dally statistic t22 years) - Discharge S~€@i8 presentation-ouality 11 I'al.,rete, 00060; Do 01 Daily discharge statistics, in cfs, for Aug 13 based on 22 years of record more Most Recent 20th 80th - Max 931 Inst Valueeous petileen- Median Mean petlen 982 1.5 1.7 2.1 3.5 3.8 5.1 6A Gage height, feet Most recent instantaneous value: 1.67 08-13-2009 15:15 USGS 14309500 EAST FORK ASHLAND CREEK REAR ASALRAD, OR 1.85 i - 7- - _ j - I ; o I , ~rY I.w _7 1.50 I -1---~---- ---i___ - I I i , Aug 88 floc D) Aug AN Aug 09 Aug 18 Aug U Aug 12 ' Aug 14 Provisional Data Subject E. Revision Create presentation-guality araoh Parameter 0006s; DO o2 Questions about sites/data? 792 Feedback on this web site - Explanation of terms Automated retrievals Subscribe for system chances News Accessibility FOIA Privacy Policies and Notices U.S. Department of the Interior I U .S- Geolonicai survey Title: USGS Real-Time Water Data for the Nation URL: http://waterdata.usgs.gov/nwis/uv? bra http://waterdata.Lisgs.gov/nwis/uv?14353500 8/13/2009 USGS Real=Time Water Data for USGS 14354200 13EAR CREEK BLW ASHLAND CR... Page 1 of 2 EXHIBIT C USGS Home Contact USGS Search USGS National Water Information System: Web Interface asta VSGS Wa[e,RUwmf e.rY: GmstateU: Reel-PUmUms UNteded states News Haw amppef and f ndmental Reat-Time Web Service - updated August 2009 USGS 14354200 BEAR CREEK BLW ASHLAND CREEK AT ASHLAND, OR PROVISIONAL DATA SUBJECT TO REVISION - Available data for this site • Tone-series: Station operated in cooperation with the City of Ashland and the Bureau of Reclamation. I STATION.--14354200 BEAR CREEK BELOW ASHLAND CREEK, AT ASHLAND, OR LOCATION,--Lat 42° 12'58", long 1226Y@176 93'16", in BE 1/4 SE 1/4 sec.32, T.38 S., R.1 E, Jackson County, Hydrologic Unit 17100308, on left bank, 0.1 mi downstream from Ashland Creek, and at mile 21.0. DRAINAGE AREA.--168 mil. , PERIOD OF RECORD.--July 1990 to current year. GAGE,--Water-stage recorder. Datum of gage is 1,686.64 ft above HGVD of 1929. REMAMS.--Flow, regulated since 1924 by Emigrant Lake. Water is diverted into basin from the Klamath River basin.Many diversions for irrigation and municipal use upstream from station. EXTREMES FOR PERIOD OF RECORD.--Maximum discharge, 12,000 ft3/a Jan. 1, 1997, gage height 11.00 ft; minimum discharge, 0.33 ft3/s Oct. 18, 1990. NOTE: The most current shifted rating for this site can be found at USGS Rating Depot webaite. Available Parameters Output format Davis ❑ All 2 Available Parameters for this site OGraph 7 R) 00065 Gage height OGraph w/ stats (1-60) GO Q 00060 Discharge OGraph w/o Stets OTable OTab-separated Summary of all-p-vallable data for this sitg Gage height, feet Most recent instantaneous value: 0.80 08-13-2009 15:15 pus 140 BEAR arer gut avanils cant in annuals, At 1 9.05 = e.w YFF I t ; ~ i I! i I 3 i I ( I ~ i i Aq M A; 07 Rut M Ar, M "a Am ft Au, 12 gut 13 - F .etainaal pet. subject to aavisi.e - Create presentation-duality araph Parameter 00065; DO 01 Discharge, cubic feet per second most recent instantaneous value: 47 08-13-2009 15:15 http://waterdata.usgs.gov/iiwis/uv?14354200 8/13/2009 USGS Real-Time Water Data for USGS 14354200 BEAR CREEK BLW ASHLAND CR... Page 2 of 2 i i U1t9 Sx3N300 BfpR tRfn[ tR.R 11JWM CIEEY RT n51M1ND, OR i ~ 1 1 ttt 1 i - _ x ' ~ ~ I I a o ' ; L ~ ° ; ° n f c 0 1 I ~ t l E l AM W pW aT arR p Rty eR Rur 10 An 11 put 12 pur 13 rroalolonai Data subject to Rmdalm a aa&an dally acoustic (19 yxra) - Ofmchaa" ate_acesentation-ouality oraoh Parameter 00060: Do 02 Daily discharge statistics, in cfs, for Aug 13 based on 38 years of recordmRrR . 20th Most Recent ❑~~/en MMin percen- Instantaneous 2003 the value Mean Medi n tie 2000) 5 40. 47 48 48 53 75 Questions about sites/data? TOO Feedback on this web site Explanation of terms Automated retrievals Subscribe for system changes News Accessibility FOIA Privacy Policies and Notices V.S. Department of ttlCi0t d" 11-5,-QaW2gical Survey F-N-,~ q' A Title: USGS Real-Time Water Data for the Nation t+- t=t URL: http://waterdata.usgs.gov/nwis/uv? Page Contact Information: Qj=njlyWjS Web Maintainer Page Last Modified: 2009-08-13 18:53:39 EDT 2.as r.w va02 http://waterdata.tisgs,gov/nwis/uv?14354200 8/13/2009 14 -1' ~ ,may/, V r• L *a • ~ 114 ~,Y a `w pf # t a .Zi, k .l y . .l`~,µ ~ • ~ Y~" L S y, a 4 mow- ~ ~ Hwy .yy t + a tea, 16, ilk #'p„ + a,., t ''~•J,`t•*t..+._ ~ Y~ i • `-4' ' ~x 4'{~a% -p l?Y~t,.. ~ t ~j e, s e* * 4 a. $w c ~ ~ ti.'„„ x ♦ P.iFV w r.aq-' L ti ail L -WU ~ x w 41 44 y . YS. txr a dY' o ,~n-d t_ ~y q ; t i~.{~~"V.1 yw~*st144.~ 5 ` .i~'f. f • D ~+m%~ ° ~`i A Fh7~'~'-~', ] ~'t.*",~tTy~~PA ~ ="t~*£ e ~ ro ~D. v .o ~i t ~ w t v £ .'fir £ r~ 4 t + ° 0 ~ 1 ~ ` £ py Oil + h, I ~t k AR ,M * i - low- low-, i i r l spa- ~ ~LI ~ r n/ • '4 » t k' iE , ~ FLr (5; ~jt ~r~ur~gc`~'Y = • ,t tQS.. , Y ' t3~t4W l R~ _ 'r ffi :d,~ly~Sa -~;.n 0'~ '=try +pf.,• c ° yy" 519: a^' - n.= © G ^n - v - - ~Pjo `2 o`P t ' s _ +tip, _ s -o _ CITY OF ASHLAND Council Communication Approval of a Public Contract for Transformer Disposal Services Meeting Date: September 8, 2009 Primary Staff Contact: Lee Tuneberg Department: Electric E-Mail: tuneberl@ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Dick Wanderscheid Approval: Martha Bennett P otl Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, award the contract for surplus transformers to Jerry's Electric, Inc. who submitted the highest bid of $8,245.26? Staff Recommendation: Staff recommends that the contract be awarded to the highest bidder, Jerry's Electric, Inc. Background: The Electric Department requested 41 transformers ranging from 25 KVA to 333 KVA be declared and sold as surplus. In accordance with AMC 2.50.127 Exhibit B, Surplus Property Disposal, Administrative Rules & Procedures, the purchasing representative contacted eight potential bidders and four submitted bids for the surplus transformers. The following bids were received: Jerry's Electric, Inc. $8,245.26 Transformer Technologies $6,277.00 T & R Electric Supply Co. $7,473.00 Solomon Corporation $6,227.50 Related City Policies: AMC 2.50.127 Exhibit B, Surplus Property Disposal, Administrative Rules & Procedures (1) Conduct (a) The Purchasing Agent or his/her designee must conduct public sales for the disposal of Surplus Property. (b) Methods of disposal may include, but not be limited to: oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. Council Options: The Council, acting as the Local Contract Review Board, can approve the contract award or decline to approve the contract award. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the contract award. Attachments: Transformer Bid List & Highest bid submitted by Jerry's Electric, Inc. Page I of I MAI i City of Ashland, Oregon INVITATION TO BID i SURPLUS TRANSFORMER DIPSOSAL SERVICES Bids are due by 12:00pm, Monday, August 31, 2009 Primary Secondary PBC City d KVA Serial # Maker Mount Voltage Voltage PPM Weight Price/{VA Total Price i 1584 37-1/2 77ZE49BO16 McGraw Pad 7200 120/240 2 800# $3.31 $124.13 i `1"5994 -50-- `-B5978824-- Line Mat: `""Pad- $-""7200-- --12072'40-'--0'-- ""732'# PP & L 37-1/2 GV331502 Line Mat. Pad 7200 120/240. 640# 13.31 $124.13 1604 37-1/2 GV382904 Line Mat. Pad 7200 120/240 0 640# $3.31 $124.13 1601 75 D3345301 Line Mat. Pad 7200 120/240 0 1200# $3.31 $248.25 1602 37-1/2 GV331422 Line Mat. Pad 7200 120/240 0 630# $3.31 $124.13 1603 50 FV134313 Line Mat. Pad 7200 120/240 0 755# $3.31 $165.50 1598 50 C3884103 Line Mat. Pad 7200 120/240 0 732# $3.31 $165.50 1597 37-1/2 C3993302 Line Mat. Pad 7200 120/240 0 630# $3.31 $124.13 1596 37-1/2 C3882806 Line Mat. Pad 7200 120/240 0 6304 $3.31 $124.13 1585 37-1/2 C3882803 Line Mat. Pad 7200 120/240 0 630# $3.31 $124.13 686 50 1853782 Moloney Pole 7200 120/240 3 930# $3.31 $165.50 840 25 60SC2089 West. Pole 7200 1201240 1 500# a x $3.31 $82.75 369 25 9657586 G.E. Pole 7200 120/240 2 400#a x $3.31 $82.75 560 37-1/2 9942978 G.E. Pole 7200 120/240 6 760# $3.31 $124.13 370 25 9657588 G.E. Pole 7200 120/240 1 400# a x $331 $82.75 2009 Surplus Transformers, Bid List, August 21, 2009, Page 1 of 3 i Primary Secondary PBC City # KVA Serial # Maker Mount Voltage Voltage PPM Weight Price/KVA Total Price j I 368 25 9657585 G.E. Pole 7200, 120/240 1 400# a x $3.31 $82.75 643 25 59SK28 West. Pole 7200 120/240 1 3509 apx $3.31 $82.75 110 25 3205845 RT&E Pole 7200 120/240 4 350# a x $3.31 $82.75 645 25 59SK34 West Pole 7200 120/240 1 350# a rx $3.31 $82.75 160 10 3048992 West Pole 7200 120/240 2 300# a x $3.31 $33.10 -7_5 -5-0- _ 63SD107- _,.Wgsl_ -Pole_ --7,200- ...2120/24.0_.._.._1.... -660#..- -$3.31- - $165.50 530 25 S55LO921 West Pole 7200 120/240 4 400# a x $3.31 $82.75 705 167 60SM1408 West Pole 7200 120/240 5 1400# $3.31 $552.77 i I 127 50 F942499-64K G.E. Pole 7200 120/240 0 715# $3.31 $165.50 I I 658 25 5851737 RT&E Pole 7200 120/240 0 450# a $3.31 $8275 418 50 6333208 West Pole 7200 120/240 6 831# $3.31 $165.50 477 25 6901766 West Pole 7200 120/240 1 700# a x $3.31 $82.75 313 25 5387810 West Pole 7200 120/240 1 600# a x $3.31 $82.75 382 25 5449160 West Pole 7200 120/240 1 550# a x $3.31 $82.75 651 37-1/2 5953964 RT&E. Pole 7200 120/240 1 680# $3.31 $124.13 56 50 68AE8142 RT&E Pole 7200 1201240 1 655# $3.31 $165.50 257 50 65AM3836 West Pole 7200 120/240 1 700# $3.31 $165.50 704 50 5R22398 Wagner Pole 7200 120/240 2 775# $3.31 $165.50 91 25 3204329 RT&E Pole 7200 120/240 2 500# a x $3.31 $82.75 90 25 3203631 RT&E Pole 7200 120/240 8 5009 a x $3.31 $82.75 2009 Surplus Transfomrers, Bid List, August 21, 2009, Page 2 of 3 Primary Secondary PBC City # KVA Serial # Malcer Mount Voltage Voltage PPM Weight Price/KVA Total Price i 321 37-1/2 5386512 West Pole 7200 120/240 31 730# $3.31 $124.13 314 15 F944605-64K G.E. Pole 7200 120/240 3 290# $3.31 $49.65 822 333 PDB-0209 Stand. Pole 7200 240/480 1 2530# $3.31 $1,102.23 823 333 PDB-0208 Stand. Pole 7200 240/480 1 2530# $3.31 $1,102.23 821 333 PDB-0207 Stand Pole 7200 240/480 1 2530# $3.31 $1,102.23 Method of Award: ORS 279B.070 Intermediate Procurements. (4) If a contract is awarded, the contracting.agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 2798.110. Bid Submitted by: Name: JIM SHAFER Company: JERRY'S ELECTRIC, INC. Telephone Number: 800-843-9834 Date: AUGUST 31, 2009 i 2009 Surplus Transformers, Bid List, August 21, 2009, Page 3 of 3 CITY OF ASHLAND Council Communication Water Regulation and Cross Connection Site Surveys Meeting Date: September 8, 2009 Primary Staff Contact: Mike Faught 552-2411 Department: Public Works E-Mail: faughtm@ashland.or.us Secondary Dept.: N/A Secondary Contact: Terry Oldfield Approval: Martha Bennett ~L Estimated Time: 10 minutes Question: Will the Council authorize staff to conduct Cross Connection surveys/site visits of water customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection exists? Staff Recommendation: Staff recommends that Council authorize staff to conduct Cross Connection surveys/site visits of water customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection exists. Background: There are currently 1036 TID connections in Ashland without confirmed backflow devices, signifying potential cross connections. In order to determine if a cross connection exists, staff is proposing to conduct a site survey of each of these properties. This plan is consistent with the October 7, 2008 approval of Ordinance No. 2965, an ordinance relating to water regulations and cross connection, and repealing Ordinance No. 2773. This new ordinance consists of updates that were requested by the Ashland Public Works Department and Water Quality Division due to numerous changes in the Oregon Administrative Rules. The new ordinance has three major revisions: Codification of the water regulations • Updated definitions to be consistent with state law and to reflect the current backflow assemblies allowed by the Oregon Department of Human Services ■ Modification of the penalty provision of the ordinance to state that the fine for a violation would be $500. Of the three major revisions to the code, protecting the water system from a cross connection or backflow represented the bulk of the new language in the ordinance. The proposed code changes are significant as a cross connection or backflow event represents the greatest threat to a potable water system. Therefore, it is important that the type and manner of connection is carefully regulated as the City of Ashland is responsible for the delivery of treated potable water to every business and resident in Ashland. And as such, the State of Oregon mandates that water purveyors provide cross connection and backflow control rules to protect the City's water system from contaminants and pollutants that could cause a public health hazard. The updates in Resolution No. 2965 bring Ashland's code into compliance with state requirements and provides staff with a clear direction to protect the City's drinking water system with a continuing program of cross connection control that effectively prevents contamination or pollution of all potable Page I of 2 ~r, CITY OF ASHLAND water systems (Ashland Municipal Code (AMC) 14.05.060 (A) (1). That direction includes a program that promotes the elimination or control of existing cross connection, actual or potential, between the customer's potable water system and non-potable water system (AMC) 14.05.060 (A) (2). To that end, staff has identified 1036 customers with both City water and Talent Irrigation District (TID) irrigation services that may have a potential cross connection between the city potable water system and TID irrigation water. The potential TID cross connection represents one of the highest threats of a cross connection to the City, and as such, each customer will be required to exhibit an Air Gap, or install a Reduced Pressure Principal Backflow Prevention Assembly (RP). The cost to install an RP depends on the size of the meter and is estimated to cost $500 to $1,100. While the number of potential cross connections is large, staff will have to conduct a site visit/survey of each property to determine if a cross connection exists. Given the size of the Public Works Water Distribution crew, staff believes that they can only complete 300 inspections per year, which means it will take three and a half years to complete the surveys. It is important to note however, that if during the site visit staff identifies a cross connection, the customer will be required to remedy the cross connection immediately with either an air gap or the installation of an RP. Once the appropriate level of cross connection and backflow protection has been installed it is then critical to make sure that those devices are tested annually. Related City Policies: AMC 14.05 Council Options: (1) The City Council could decide to authorize staff to conduct Cross Connection surveys/site visits of water customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection exists. (2) The City Council could decide to modify ( ) staffs recommendation. (3) The City Council could decide to deny staffs recommendation. Potential Motions: (1) Move to approve authorize staff to conduct Cross Connection surveys/site visits of water customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection exists (2) Move to modify staff recommendation. (3) Move to deny staffs recommendation. Attachments: ■ AMC 14.05 Page 2 of 2 CHAPTER 14.05 WATER REGULATION AND CROSS CONNECTION SECTIONs: 14.05.010 Definitions. 14.05.020 Water Service Connection and Water Meter. 14.05.030 Temporary Service Connection. 14.05.040 Hydrants. 14.05.050 Responsibility for Customer Facilities and/or Equipment. 14.05.060 Backflow Prevention. 14.05.070 Inspection of Premises. 14.05.090 Surge Control. 14.05.100 Pressure and Supply. 14.05.110 Noncompliance with Regulations. 14.05.120 Penalties. SECTION 14.05.010 Definitions. A. Administrator: the City Administrator for the City of Ashland. B. Applicant: an individual firm, corporation, or authorized agent applying for water service. C. AMC: the Ashland Municipal Code. D. Approved Air Gap (AG): a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressurized receiving vessel. An "Approved Air Gap" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than 1 inch (2.54 cm), and in accord with Oregon Plumbing Specialty Code. E. Approved Backflow Prevention Assembly: a Reduced Pressure Principle Backflow Prevention Assembly, Reduced Pressure Principle-Detector Backflow Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow Prevention Assembly, Pressure Vacuum Breaker Backsiphonage Prevention Assembly, or Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, of a make, model, orientation, and size approved by the Department. Assemblies listed in the currently approved backflow prevention assemblies list developed by the University of Southern California, Foundation for Cross- Connection Control and Hydraulic Research, or other testing laboratories using equivalent testing methods, are considered approved by the Oregon Department of Human Services. F. Backflow: the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any sources other than its intended source, and is caused by backsiphonage or backpressure. G. Backflow Prevention Assembly: a backflow prevention assembly such as a Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check-Detector Backflow Prevention Assembly, Reduced Pressure Principle Backflow Prevention Assembly, or Reduced Pressure Principle-Detector Backflow Prevention Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled as a complete unit. H. Backpressure: an elevation of pressure downstream of the distribution system that would cause, or tend to cause, water to flow opposite of its intended direction. 1. Backsiphonage: a drop in distribution system pressure below atmospheric pressure (partial vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction. J. Bore-Sighted Drain to Daylight: an unrestricted straight-line opening in an enclosure that vents to grade, and is sized and constructed to adequately drain the full flow discharge from a reduced pressure principle backflow prevention assembly thus preventing any potential for submersion of the assembly. K. Check Valve: a valve, which allows flow in only one direction. L. City: the City of Ashland, a municipal corporation in the State of Oregon. M. Contaminant: any physical, chemical, biological, or radiological substance or matter in water that creates a health hazard. N. Council: City Council for the City of Ashland, Oregon. 0. Cross Connection: any actual or potential unprotected connection or structural arrangement between the public or user's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substances other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel, or change-over devices, and other temporary or permanent devices through which, or because of which, backflow can occur are considered to be cross connections. P. Customer: any individual firm or corporation receiving water service from the City. Q. Customer Facilities and/or equipment: facilities and/or equipment located on customer premises used for receiving, controlling, applying, and/or utilizing City water. R. Customer Control Valve: a valve installed at or near the outlet of water meter for use by customer to control water to premises. S. Director: the Public Works Director or Engineer for the City of Ashland. T. Distribution System: the network of pipes and other facilities, which are used to distribute water from the source, treatment, transmission, or storage facilities to the water user. U. Double Check-Detector Backflow Prevention Assembly (DCDA): a specially designed assembly composed of a line size approved double check valve assembly assembled with a bypass containing a specific water meter and an approved double check valve backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard. V. Double Check Valve Backflow Prevention Assembly (DC): an assembly of two independently acting approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly is designed to protect against a non-health hazard. W. Federal: the United States of America, Environmental Protection Agency. X. Health Hazard (Contamination): an impairment of the quality of the water that could create an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, or other substances. Y. Human Consumption: water used for drinking, personal hygiene bathing, showering, cooking, dishwashing and maintaining oral hygiene. Z. Hydrant: a device providing City water for fire protection; examples include fire hydrants and standpipes. AA. Local Administrative Authority: the individual official, board, department or agency established and authorized by a state, county or city to administer and enforce the provisions of the Oregon State Plumbing Specialty Code as adopted. BB. Non-Health Hazard (Pollution): an impairment of the quality of the water to a degree that does not create a hazard to the public health, but does adversely affect the aesthetic qualities of such water for potable use. CC. OAR: Oregon Administrative Rules. DD. ODHS: the Oregon Department of Human Services. EE. Oregon Plumbing Specialty Code (OPSC): the latest edition of the Uniform Plumbing Code as adopted and/or amended by the State. FF. Point of Delivery (POD): the point of connection between a public water system and the user's water system. Beyond the point of delivery, the Oregon Plumbing Specialty Code applies. See "Service Connection." GG. Pollutant: a substance that creates an impairment of the quality of the water to a degree which does not create a hazard to the public health, but which does adversely affect the aesthetic qualities of the water. HH. Potable Water: See Safe Drinking Water. Il. Potential Cross Connection: a cross connection that would most likely occur, but may not be taking place at the time of an inspection. JJ. Premises: means real estate and the structures on it. KK. Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB): an assembly consisting of an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with properly located resilient seated test cocks and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under backsiphonage conditions only. LL. Private Water Main: a water main installed by customer to serve customer' s premises. A private water main may provide, but is not limited to, private hydrants, private fire protection systems, landscape irrigation, multiple buildings or customer' s equipment. MM. Private Water System: any water system for water supply other than the City water system. Examples include: wells, springs, ponds, streams, and the Talent Irrigation District water. NN. Public Health Hazard: a condition, device or practice which is conducive to the introduction of waterborne disease organisms, or harmful chemical, physical, or radioactive substances into a public water system, and which presents an unreasonable risk to health. 00. Public Water System: a system for the provision to the public of piped water for human consumption, if such system has more than three service connections, or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by 10 or more individuals per day. Public water system also means a system for the provision to the public of water through constructed conveyances other than pipes to at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days of the year. A public water system is either a "Community Water System," a "Transient Non-Community Water System," a "Non-Transient Non-Community Water System" or a "State Regulated Water System." PP. Reduced Pressure Principle Backflow Prevention Assembly (RP): an.assembly containing two independently acting approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard. QQ. Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA): a specifically designed assembly composed of a line size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard or a health hazard. R.R. Regular Working Hours: Winter from 8:00am to 4:30pm and summer from 7:00am to 3:30pm, Monday through Friday, except holidays. SS. Safe Drinking Water: water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological or physical substances so that individuals drinking such water at normal levels of consumption, will not be exposed to disease organisms or other substances which may produce harmful physiological effects. TT. Service Connection: the piping connection by means of which water is conveyed from a distribution main of a public water system to a user's premise. For a community water system, the portion of the service connection that conveys water from the distribution main to the user's property line, or to the service meter, where provided, is under the jurisdiction of the water supplier. W. Spill Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB): an assembly containing an independently operating, internally loaded check valve and independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only. VV. Spring: a naturally occurring discharge of flowing water at the ground surface, or into surface water. Springs can be derived from groundwater or they can be surface water influenced. WW. State: the State of Oregon Department of Health and/or Department of Environmental Quality. XX. Surface Water: all water, which is open to the atmosphere and subject to surface runoff. YY. Temporary Service Connection: a service connection installed for circuses, bazaars, fairs, construction work, or similar short tern temporary usage, the location of such is to be determined by City. Z.Z. Vault: an approved enclosure above or below ground to house a backflow prevention assembly that complies with the local administrative authority having jurisdiction. AAA. Water Meter: a device for measuring water flow to water supply line housed in an approved meter box and located between the water service line and water supply line. BBB. Water Meter - Exempt: a water meter as defined above for a use that does not return water to the City of Ashland sanitary sewer system. Such meters will be exempt from sanitary sewer charges. Examples of exempt meters are meters used for landscaping or a self-contained process such as juice or soft drink manufacture. CCC. Water Supply Line: a customer owned water line located between water meter and plumbing on the premises. DDD. Water System: the City owned and operated water system, which includes, but is not limited to, water treatment facilities, dams, reservoirs, pumps, water mains, fire hydrants, and appurtenances. (Ord 2964, added, 10/07/2008) SECTION 14.05.020 Water Service Connection and Water Meter. A. Water Service Connection. I) Location. The City shall install the water service connection in a location approved by City. The water service connection shall be installed between the water main and the customer' s property line. If Customer requests an alternate location on customer' s property and City approves the location, an easement to the City shall be provided by customer for location of City approved water service connection or water meter. The Customer will pay all costs. 2) Size. The water service connection size shall be in accordance with OPSC. The minimum size of a water service connection shall be three quarters inch (3/4") inside diameter. B. Water Meters Including Exempt Meters. 1) Location. A water meter shall be installed by City at the termination of a water service connection. The water meter shall be located at the property line on public right-of-way or public property. If the Customer requests an alternate location on customer' s property, and City approves the location, an easement to the City shall be provided by customer to allow the City to install the City approved water service connection or water meter. Customer will pay all costs. 2) Size. The water meter size shall be determined by the City based on the OPSC and water meter manufacturer' s recommendation. The minimum size meter is three-quarters inch (3/4") inside diameter. C. Water Meter Accuracy. Customer may request a water accuracy test. Prior to the request being granted, customer shall deposit an amount with the City, as established by Council. If the water meter accuracy test is within t5% of manufacturer' s standard, customer shall forfeit deposit. If the water meter accuracy check exceeds f5 of manufacturer' s standard, City shall install a replacement water meter and deposit shall be refunded to customer. D. Installation Charges. Installation charges for water service connections and water meters shall be established by Council. E. System Development Charge (SDC). A reimbursement fee, a public improvement charge or a combination assessed and collected as specified in Section 4.20.070 of the AMC. F. Access to Service Connection. Customer shall keep premises free from any and all rubbish or material which would prevent City from having free access to any service connection and/or water meter. G. Ownership and Maintenance. 1) City is the owner of service connection. Authorized City personnel shall install and maintain service connections at City' s expense. If a customer damages the service, the customer is liable for all costs of repair and/or replacement incurred, and the Customer shall be billed by the City for all the costs. 2) Customer is the owner of the water supply line and is responsible for construction, repair, and maintenance of the water supply line. H. Joint Water Services. City may, at City option, serve two (2) or more premises with one water service connection. The size of a joint water service connection shall be determined by the City based on OPSC standards and the water meter manufacturer' s recommendations. 1. Sub-Meters. Sub-meters are water meters installed by customer for the convenience of customer. City will not famish or read sub-meters. J. Change in Size or Location of Water Service Connection and/or Water Meter. A customer requesting a change in location or size of a water service connection and/or water meter, shall be liable for all costs incurred by City as established by Council. City shall approve all relocations. K. Water Service Connection or Private Water main. City shall discontinue water service when a private water main or supply or private appurtenance(s) are not constructed or properly maintained by the customer in accordance with City, State, or Federal laws and these water regulations. L. Customer' s Control Valve(s). Customer is required to install a control valve which controls the water supply to customer premises. Customer control valve shall be located between the City water meter and the customer water supply line. The purpose of customer control valves is to provide customers with a method of discontinuing water service to their premises. The cost of furnishing and installing customer control valves by the City will be as established by Council. (Ord 2964, added, 10/07/2008) SECTION 14.05.030 Temporary Service Connection. A. Time Limit. Temporary service connections shall be disconnected not more than ninety (90) days from the date of installation. An extension may be granted by the City upon request from the customer. B. Charges for Installation. The customer shall be required to deposit with the City the following amounts as established by Council: 1) Estimated cost of installation and removal of temporary service connection. 2) Estimated cost of water served through the temporary service connection. 3) Cost equal to the value of the temporary service connection. C. Refund of Charges for Installation. I ) Refund. If the deposit exceeds the City' s costs, the City shall refund the customer deposit less the City' s cost of removing the temporary service connection. 2) Additional Billing. If the deposit is less than the City' s costs, the customer shall pay the additional costs to City. Permanent water supply lines shall not be connected to water service lines until costs are paid in full. D. Charges for Water Served. Charges for water shall be based on standard water rates established by Council. E. Responsibility for Temporary Water Service. The applicant and/or customer is responsible for all damage and/or maintenance required for temporary water service beginning at the time of installation and ending at the time of removal by City. (Ord 2964, added, 10107/2008) SECTION 14.05.040 Hydrants. A. Use of Hydrants. 1) No person shall tamper, damage, or use water from a hydrant without first obtaining written approval from the Director or designee. 2) Some city owned hydrants exist outside the corporate City limits. The use of such hydrants is restricted to City and authorized personnel only. Anyone desiring to use these hydrants must obtain written approval from the Administrator or designee. B. Relocating Hydrants. 1) Cost. If an applicant and/or customer requests relocation of a fire hydrant the applicant and/or customer shall be liable for all costs incurred. 2) Deposit. A deposit in the amount of estimated costs of relocating the hydrant shall be required. If the deposit exceeds the actual costs, the applicant and/or customer shall be refunded their deposit less actual cost. If the deposit is less than City' s costs, the additional costs shall be due and payable prior to activation of the hydrant. 3) Fire Department Approval. The applicant and/or customer shall receive written approval from the Ashland Fire Department prior to requesting relocation of a hydrant. (Ord 2964, added, 10/0712008) SECTION 14.05.050 Responsibility for Customer Facilities and/or Equipment. A. Condition of Customer Facilities. The customer shall install and maintain, in a good and safe condition, all facilities and/or equipment required for receiving, controlling, applying and/or utilizing City water. The City shall not be liable for any loss or damage caused by improper installation, negligence, want of proper care, wrongful act(s) of customer or customer' s tenants, agents, employees, contractors, licensees, or permittees installing, maintaining, using, operating, or interfering with customer' s facilities and/or equipment. B. Water Service Billing Adjustments. No reduction in charges for water service shall be made for any cause, including leaks, freezing or similar instances. However, if the customer' s facilities and/or equipment include facilities that are beyond the customer' s control, the customer makes an immediate and diligent effort to repair the break as soon as possible after its discovery, and circumstances warrant it, such as with a break-in, the City, upon written request by the customer, may make an adjustment to the water service charge. The adjustment shall be based on previous years usage for the same billing period. Adjustments shall not exceed 50% of the difference between current and previous usage. All adjustments shall be made in accordance with the AMC. C. Damage to Customer Facilities. The City shall not be responsible for damage to property caused by customer' s facilities and/or equipment when, or while, water service is in use by the City for repair or replacement of water mains, water services, or similar City owned and operated facilities relating to the production, treatment, or distribution of water to the customer' s facilities. When possible the City will make a reasonable attempt to notify the customer of such activity. (Ord 2964, added, 10/07/2008) SECTION 14.05.060 Backllow Prevention. A. Purpose. The purpose of cross connection and backflow control is to: 1) Protect the public potable water supply of Ashland from contaminants and pollutants by isolating the customer' s internal distribution system(s) or private water system(s) from the backflow of contaminants and pollution into the public water systems. 2) Promote the elimination or control of existing cross connections, actual or potential, between the customer' s potable water system and non-potable water systm, plumbing fixtures and industrial piping systems, and 3) Provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems. B. Cross Connections Regulated. All current or future cross connection assemblies shall be installed, used, or maintained in accordance with this Chapter. C. Backflow Prevention Assembly Requirements. 1) Customers adding chemicals or other substances to City water shall notify the City immediately. 2) Approved backflow prevention assemblies shall be installed at the location service connection, or as determined by the City certified cross connection control inspector. Customer shall be liable for all associated costs. 3) Customer' s water supply line and plumbing shall be open for City inspection. City authorized representative shall determine if structural or sanitary hazards exist due to cross connection devices. Upon the City' s awareness of a hazard, the City shall discontinue service to premises. Water service shall resume following correction, inspection, and City approval of the customer' s corrections. 4) Backflow protection shall be installed when a cross connection exists. The degree of the hazard shall determine the correction needed. (a) Premises with an auxiliary water supply connected, or intended to be connected, to the City water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. The City discourages such cross connections because of the high potential for backflow into the City water system. The City reserves the right to refuse such connections. (b) Premises that contain materials dangerous to health that could enter into the City' s water system shall install a an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. (c) Premises using or storing objectionable substance not hazardous to health shall protect the City water system by installing an approved backflow prevention assembly. (d) Irrigation systems may be protected by a DCVA, PVB, or RP assembly. (e) When water, gases, chemicals, or foreign substances that may contaminate the public water system as a result of backflow or backsiphonage are placed in the system, a reduced pressure principle backflow prevention assembly or an air gap separation shall be installed. 5) All City equipment using City water within the City water system shall protect the water with an approved assembly. Examples are street sweepers, fire trucks, and tanker or flusher trucks. 6) Installation of backflow prevention assemblies shall comply with the installation guidelines defined in these rules. 7) Customer shall keep backflow prevention assemblies in good working condition at all times. Customer shall have annual inspection and leakage tests by an individual certified by the State. Additional inspections shall be required when successive inspections indicate failure. Customer shall be financially liable for inspections and tests performed by City or private certified individuals. City shall be responsible for tests being completed in a timely manner. Defective backflow prevention assemblies shall be repaired, overhauled, or replaced at customer expense. All backflow prevention assembly testing records shall be submitted to the City Records of such tests, repairs, and overhauls shall be maintained by the City. 8) Existing backflow prevention assemblies, which do not meet requirements of these rules, but were approved devices at the time of installation, and have been properly maintained, shall be excluded from the requirements of these rules except for the requirement in subsection 14.05.060(C)(7). The City water system must be protected in a method as determined by City. Whenever an existing assembly is relocated, the assembly shall meet requirements of these regulations. 9) If internal cross connections are not correctable, or an intricate plumbing arrangement makes it impractical to determine if a cross connection exists, City shall determine what backflow prevention assemblies are required. 10) All installation shall be in accordance with the OPSC. 11) All new constriction plans shall be submitted to the Director or designee for approval. 12) If a backflow prevention assembly is required to accomplish the purpose of these regulations, installation shall be made by the homeowner, licensed landscape contractor, or licensed plumbing contractor. 13) If an appropriate cross connection application has not be filed with and approved by the City, water service shall be discontinued. 14) Pursuant to the ODHS and OAR Chapter 333, Division 61, an approved Double Check Valve Backflow Prevention Assembly (DC) shall be the minimum backflow protection for fire line services. (a) A Double Check Detector Backflow Prevention Assembly (DCDA) is required by City. (b) Systems that incorporate an antifreeze loop containing any type of chemical shall have an approved Reduced Pressure Principle Backflow Prevention Assembly installed on the antifreeze loop. D. Installation Requirements. To ensure proper operation and accessibility of all backflow prevention assemblies, the following is required: I ) No part of the backflow prevention assembly shall be submerged or installed in a location subject to flooding. If a backflow prevention assembly is installed in a vault or basement, adequate drainage shall be provided. (a) DCDA' s may be installed below grade in a vault, provided that plugs are installed in the test cocks. 2) Assemblies must be installed at the connecting point of the City water service connection. Alternate locations must be approved by the Director or designee prior to installation. 3) Assemblies must be protected from freezing and/or other severe weather conditions. 4) Backflow prevention assemblies shall be approved by the ODHS and the City. 5) Assemblies specifically approved by the Oregon Department of Human Services for vertical installation shall be installed plumb. 6) Assemblies shall be accessible for maintenance and testing. Assemblies 2" and smaller shall have a minimum 6" clearance on all sides of the assembly. All devices larger than 2" shall have a minimum clearance of 12" on the back side, 24" on the test cock side, 12" below the assembly, and 36" above the assembly. 7) Any assembly installed inside premises shall be readily accessible during the City' s regular working hours. S) If an assembly is installed inside of premises, 5' above the floor and 2.5" or larger, the assembly must be equipped with permanently installed scaffolding approved by the City. Installation must also meet the U.S. Occupational Safety and Health Administration requirements and the State of Oregon Occupational Safety and Health Codes. 9) Reduced Pressure Principle Assemblies may be installed in a vault only if the relief valve discharge can be drained to daylight through a "boresight" type drain. The drain shall be of adequate capacity to carry the frill rated flow of the assembly and shall be screened on both ends. 10) An approved air gap shall be located at the relief valve orifice. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than I". 11) When a backflow assembly is deemed necessary by the City, the model of assembly and installation plans shall be submitted to the City Water Department for approval prior to installation. 12) Upon completion of installation, the City shall be notified and all assemblies must be inspected and tested by certified personnel. All backflow assemblies must be recorded with the City. Registration records shall provide the installation date, make, model, serial number of the backflow assembly, and the initial test report. Any variances from these installation requirements shall be requested in writing by the customer and approved by the Director or designee in writing prior to assembly installation. E. Access to Premises. Authorized employees of the City, with proper identification, shall have access during reasonable hours to all parts of the premise. If a customer refuses to give the City access to the premise for the purpose of inspection after receiving reasonable notice of the inspection at a reasonable time, then either a reduced pressure principle assembly shall be installed at the service connection to customer' s premise at customer' s expense by the City, or the City may discontinue water service to the premises. F. Annual Testing and Repairs. All assemblies installed by a customer as required by the City shall be tested immediately upon installation and then annually by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced. The City may deny or discontinue water service to the premise for noncompliance of testing and/or repairs. All testing and repairs are the financial responsibility of the customer. G. Variances. Any variances from these requirements shall be requested in writing by the customer and approved by the Director or designee prior to assembly installation. H. Cost of Compliance. All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the responsibility of the customer. 1. Termination of Service. Failure on the part of the customer to discontinue the use of all cross connections and to physically separate cross connections is sufficient cause for immediate discontinuance of water service to the premises. OAR Chapter 333, Division 61. The Director or designee shall make said determination. (Ord 2964, added, 10107/2008) SECTION 14.05.070 Inspection of Premises. The City reserves the right to inspect the customer' s premises if there is reason to believe that an unsafe condition exists. The City may refuse water service and disconnect the service connection from the water supply line if the plumbing, appliances or equipment using the water are dangerous, unsafe or not in compliance with all City, State or Federal laws or standards. 14.05.080 Grounding Wire Attachments. The attachment of any ground wire(s) to any plumbing or water supply line shall be at the customer' s risk. The City assumes no liability for damage to customer' s premises or persons on customer' s premises caused by the ineffectiveness of such a grounding wire or system. The City shall hold customer liable for any damage to City property caused by customer' s grounding wire or system. (Ord 2964, added, 10/07/2008) SECTION 14.05.090 Surge Control. A. City Control. The City may discontinue water service if customer' s facilities and/or equipment create excessive pressure surges in City water system. The Director or designee shall determine "excessive pressure surges." B. Customer Responsibility. If the applicant and/or customer' s facilities and/or equipment creates excessive pressure surges in the City water system, the applicant and/or customer shall be responsible to install the City approved surge control equipment and maintain the surge control equipment in proper operating order at applicant/customer' s expense. If the City determines excessive pressure surges from the applicant and/or customer' s facilities and/or equipment has caused damage to the City water system, the City may bill the customer for cost of repairs of said damage. (Ord 2964, added, 10/07/2008) SECTION 14.05.100 Pressure and Supply. The City assumes no responsibility for loss or damage caused by lack of water volume or water pressure. The City agrees to provide water service to the applicant and/or customer at pressures and volumes as are available in the water system. Water service is subject to shut-downs and variations required for the operation and maintenance of the water system. (Ord 2964, added, 10/07/2008) SECTION 14.05.110 Noncompliance with Regulations. The City may discontinue water service if the customer fails to comply with this ordinance. The cost of discontinuing and restoring water service to the customer shall be established by the Council. (Ord 2964, added, 10/07/2008) SECTION 14.05.120 Penalties. A violation of this section shall be punishable by a minimum fine of $500 upon conviction. (Ord 2964, added, 10/072008) CITY OF ASHLAND Council Communication Update from the Oregon Department of Transportation Aesthetic Designs for Exits 14 and 19 Meeting Date: September 8, 2009 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: seltzera(a ashland.or.us Secondary Dept.:- None Secondary Contact: None Approval: Martha Bennett 0s; q1` Estimated Time: 20 minutes Question: Does the Council have questions for the Oregon Department of Transportation (ODOT) on the work of the Aesthetic Advisory Committee for Exit 14 and Exit 19? Staff Recommendation: This is for informational purposes only. Background: Last fall ODOT asked the City to establish an Aesthetic Advisory Committee (AAC) of Ashland citizens to work with the ODOT project team to identify desired aesthetic improvements for Exits 14 and 19. In December 2008, the City Council created an ad hoc Aesthetic Advisory Committee and appointed members who included Councilor Kate Jackson, a representative from the Planning Commission, Public Art Commission, Bike-Ped/Transportation Commission, Tree Commission, and Historic Commission, a representative from the Visitor and Convention Bureau and two area businesses to serve on the committee. The committee met four times during the spring. ODOT then held two community open houses in May to display the aesthetic improvements and designs that reflected the input of the committee. The committee then met for the final time in August. This presentation is to update the City Council on the work of the Aesthetic Advisory Committee and to present the approved aesthetic designs for Exists 14 and 19. Related City Policies: AMC 2.04.090 Council Options: Presentation is for informational purposes only. Council is encouraged to ask questions for clarification. Potential Motions: No action is required. Attachments: Conceptual aesthetics for Exits 14 and 19. Page I of I ck f~ Z v m x 2 G7 3 A; N r p S. d i m d 8_ o s RI a n o - ~ = F ' d'. t7 ~0 oAO-0oo am - m~ N vm~y CAO D = Z m m ~ 0 3 H Z -DI I o m ~y \ ~ N N ^ m s ZZ Z \ RBI . I t 7 \ L ' kk 4^n -f I- "n I t i q s i p , i I It S 0o m .M ; mt m41 . T f t;5 ~ JY Y ~ a l{~t Y 1~ . m ~ Z E d.tik e l i J S i gi, f r Oyu RMN 3 y' },1e y. wk$T?•S,{~Yyq ~p ~3Y,~pf ~i1y~+~ti ~ a ~~Y✓t"' S~f i ~~°k~"~5%^~..,_~ tq{,'` f~v 74 . F4 a ~M~, y4 .Y S yyrr 5 x r r rte. 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Jm_lr P CITY OF ASHLAND Council Communication Community Development and Engineering Fees Waiver Request - Rogue Valley Community Development Corporation (RVCDC) Meeting Date: September 8, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb@ashland.or.us Secondary Dept.: Public Works Secondary Contact: Linda Reid, Mike Faught Approval: Martha Bennett /001f(C Estimated Time: 25 Minutes Question: Should the City Council waive Community Development and Engineering fees in the amount of $38,295 ($22,770 in Community Development fees, and $15,525 in Engineering fees) for 15 affordable ownership housing units being developed by Rogue Valley Community Development Corporation and known as Rice Park? Staff Recommendation: Staff recommends that the Council not approve the request to waive the Community Development and Engineering fees for the Rice Park project. The project will receive a waiver of system development charges totaling approximately $97,000, which is a considerable illustration of the City's commitment and support for affordable housing projects. In this case, city resolution 2006-13 allows Community Development and Engineering fee waivers at the discretion of the Council. However, staff has reservations and concerns about the timing of the request, given previous and projected shortfalls in revenues related to the overall downturn in higher-valued development activity. Background: In 2007 The City of Ashland approved the annexation of an 11.64 Acre parcel known as Verde Village. As a condition of this annexation, 25% of the base density or 15 of the 68 residential units were required to be affordable to home buyers or renters at or below 100% of the Area Median Income (AMI) or less. The land designated for affordable housing was dedicated to Rogue Valley Community Development Corporation (RVCDC). The affordable housing units to be developed by RVCDC are deed restricted to be affordable to homeowners at 80% AMI and below and therefore qualify for a deferral of the System Development Charges (SDC's) assessed on those properties as per Resolution 2006-13. Under Resolution 2006-13 the 15 units are not automatically eligible for a waiver of Community Development and Engineering fees, however, a fee waiver may be approved by the City Council. Related City Policies: Resolution 2006-13, Section 1.1: All qualifying ownership or rental units required to be affordable through density bonuses, annexation, zone change, condominium conversion, or other land use approval under the Ashland Land Use Ordinance (ALUO) shall not be eligible to receive a waiver of the Community Development and Engineering Services fees Associated with the development of said affordable units unless a waiver is approved by the Ashland City Council. Page I of 2 ~r, CITY OF ASHLAND Council Options: Waive all Community Development and Engineering fees in the amount of $38,295 ($22,770 in Community Development fees, and $15,525 in Engineering fees) Waive a portion of the $38,295 total in Community Development and Engineering fees Deny the request by RVCDC to waive Community Development and Engineering fees in the amount of $38,295 Potential Motions: Move to approve the request by RVCDC to waive Community Development and Engineering fees in the amount of $38,295 for the 15 affordable units being developed by Rogue Valley Community Development Corporation, known as Rice Park Move to deny the request by RVCDC to waive Community Development and Engineering fees in the amount of $38,295 for the 15 affordable units being developed by Rogue Valley Community Development Corporation, known as Rice Park Move to waive a portion of Community Development and Engineering fees in the amount of $ for the 15 affordable units being developed by Rogue Valley Community Development Corporation, known as Rice Park Attachments: RVCDC Letter Estimation of Fee Calculations - RVCDC for Rice Park Page 2 of 2 ~r, May 6, 2009 v-r oevienvraxr cevvawciow #.56N ROGUE`VALLEY CDC: Ashland City Council emiDING. HOMES & CHANCINs UVW City of Ashland 20 East Main PO Box 1733 Ashland, OR 97520 Medford, OR 97501 T 541 . 734 .2355 Dear members of the Ashland City Council, F 541 .245.6966 www.rvcdc.org rvodc@grrtech.com Rogue Valley CDC is close to beginning site work and closing construction loans for the first phase of its 15-home affordable homeownership BOARD development at Rice Park at Verde Village. The project will benefit 15 Floyd Pawlowski lower-income families in our Mutual Self Help Housing program in the next President two years and will provide permanent affordable housing opportunities for Michael Travis future homebuyers in Ashland through our community land trust. Homes will vice President be Net Zero Energy Ready and earn the Earth Advantage Platinum Rebecca Brown certification. Secretary Clara Rowe Treasurer The requirement for "net zero energy ready" homes was a requirement by the Dwayne Murray City, and an excellent challenge and learning opportunity for us. We are Sergeant atArms happy to be able to provide this opportunity not only for affordability, but for Sam Hung the high sustainability and energy efficiency standards. Steven Hussey Liz Irish These standards have increased the costs above previous developments. We Heather Johnson have also revised our development plan to include the cost of public Fred Lucas improvements, which were initially going to be provided to our site without Joan MiddendorR cost to us. Laura Reed Gary Swanson We make every effort to make these homes as affordable as possible in order STAFF to ensure reasonable monthly mortgage payments, increased eligibility, and to preserve the incentive to participate in a sweat equity program and long Andrea Miranda term land trust. Seven of eight homebuyers needed to start Phase I have Director, Finance and Operations qualified for initial prices without the cost of these fees, and are ready to John wheeler move forward. Director, Acquisitions and Construction The City has no direct financial investment in this project, though the project Roxana Zepeda qualifies for SDC deferrals, which we will apply for. The land was made Homebuyer Services available by the City's annexation affordable housing requirement. Layne Morel] Youthbuild Crewleader Rogue Valley CDC hereby respectfully requests a waiver of Community Robert Sweeney Development and Engineering Services Fees for each of the 15 homes in the construction asst. Rice Park at Verde Village affordable housing development. This request is Kristin osterhout made in accordance with Resolution No. 2006-13, Section 1.1. Bookkeeper Sincerely, This organization is an equal opportunity provider. Andrea Miranda and John Wheeler Co Directors V Estimation of Fee Calculations for RVCDC - Rice Park Address Comm Dev Engineering Subtotal SDC's Total 119 Almeda $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 880 Perozzi $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 882 Perozzi $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 884 Perozzi $1,584.00 $1,080.00 $2,664.00 $7,074.74 $9,738.74 886 Perozzi $1,584.00 $1,080.00 $2,664.00 $7,074.74 $9,738.74 888 Perozzi $1,584.00 $1,080.00 $2,664.00 $7,074.74 $9,738.74 111 Almeda $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 115 Almeda $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 862 Perozzi $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 864 Perozzi $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 866 Perozzi $1,584.00 $1,080.00 $2,664.00 $7,074.74 $9,738.74 868 Perozzi $1,584.00 $1,080.00 $2,664.00 $7,074.74 $9,738.74 870 Perozzi $1,584.00 $1,080.00 $2,664.00 $7,074.74 $9,738.74 872 Perozzi $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 874 Perozzi $1,474.00 $1,005.00 $2,479.00 $6,060.68 $8,539.68 Total $22,770.00 $15,525.00 $38,295.00 $96,994.56 $135,289.56 CITY OF ASHLAND Council Communication Council Deliberation and First Reading on Ordinances Adopting Chapter 18.63 Water Resource Protection Zones and Related Ordinance and Ashland Comprehensive Plan Amendments Meeting Date: September 8, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarboashland.or.us Secondary Dept.: None Secondary Contact: Maria Harris Approval: Martha Bennett Bev Estimated Time: 1 hour Question: Does the City Council approve first reading of an ordinance adding chapter 18.63, Water Resource Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments? Staff Recommendation: Staff recommends the Council provide direction on any revisions that Council wishes prior to first reading. Staff further recommends that, after the Council concludes their deliberations, first reading of the ordinance be continued to the October 6, 2009 Council meeting. Background: At the July 21, 2009 meeting, the Council continued deliberations and worked through the first two items below. The list below includes issues that were identified during the May 19, 2008 Council deliberations and in subsequent discussions with staff. 1. Length and Complexity of Chapter 18.63 • Should the exempt and limited use sections be combined to reduce the length of the document? 2. Eliminate Restoration Requirements for Exempt Activities and Uses • Should the requirement to use native plants for planting associated with exempt activities, those activities and uses that do not require a planning action approval, be eliminated, and be replaced with allowing use of any type of plant that isn't noxious or invasive? Note: After further review of the applicable Oregon Administrative Rules by planning and legal staff staff believes that riparian vegetation is required to largely remain unaltered and if removed, replaced with native plants - see information below. Since the July 21, 2009 meeting, staff has further examined the possibility of removing the native planting requirements from the draft ordinance. In review of the state procedures and requirements for complying with Statewide Planning Goal 5: Natural Resources, Scenic and Historic Areas, and Open Space, it appears that local jurisdictions are required to control the removal of riparian vegetation and require the replacement of removed non-native vegetation with native plants species for streams in the Riparian Corridors classification (see below). Page I of 3 ~r, CITY OF ASHLAND OAR 660-023-090 (8) b) The ordinance shall contain provisions to control the removal of riparian vegetation, except that the ordinance shall allow: (A) Removal of non-native vegetation and replacement with native plant species; and (B) Removal of vegetation necessaryfor the development of water-related or water- dependent uses. • Should the requirement to restore disturbed areas of the protection zone resulting from exempt activities with native plantings be removed from the Exempt Activities and Uses ? 3. Approval of Acceptable Native Plants and Prohibited Invasive Plants • Should the city maintain a list of native plants acceptable for installation in water protection zones as well as a prohibited list of invasive plants? • Should additions and deletions to each list be allowed by the Staff Advisor through consultation with the City Horticulturalist, Tree Commission and other professional group or local agency with demonstrable expertise? 4. Distribution of Native Plants through the Protection Zone • Should only actions by property owners that require a planning application and land use approval be subject to the standard that requires the landscape plan to show that: ✓ The half of the protection zone closest to the creek channel shall have 100 percent native plant coverage; and ✓ the half of the protection zone furthest from the creek channel shall have a minimum of 50 percent native plant coverage • Should actions by property owners that require a planning application and land use approval be permitted additional flexibility to the above native planting standards, such as: ✓ The approved landscape plan for the entire protection zone shall designate a minimum of 50 percent native plant coverage, with the installation of new trees only to consist of native trees from the City's list? 5. Use of Heavy Equipment and Machinery • Should the requirement for a planning action approval to use heavy equipment in the protection zones be eliminated, and be replaced with exempting the use of heavy equipment or machinery in the protection zones with some stipulations about not negatively impacting the protection zone (e.g. working during the wet season, permanent changes to the topography, moving a minor amount of soil, destruction of native plants)? 6. Provide Exemption for Maintenance and Restoration of Water Resources in Public Parks • Should the requirement for a planning action approval for a maintenance plan for maintenance and restoration of water resources on parks property be eliminated, and an exemption be provided for maintenance and restoration of protection zones in public parks performed by the Parks and Recreation Department? Page 2 of 3 orpFA1111 Fr CITY OF ASHLAND 7. Provide Exemption for Existing Agricultural Activities • Should an exemption be added that would allow existing agricultural activities, such as grazing livestock and growing crops, to continue? 8. Provide Exemption for Stream Restoration Activities with Limited Impacts • Should an exemption be added that would allow stream restoration projects that involve minor earth moving activities (e.g. excavation or placement of 5 cubic yards soil or earth-moving activity disturbing a surface area greater than 1000 sq. ft) and that do not involve in-stream work? 9. Mitigation Requirements and Hardship Variances • Should planning actions involving existing single-family homes be required to mitigate impacts to protection zones? 10. Water Resource Protection Zone Reductions • protection zone may be reduced up to 50% ✓ Should maximum protection zone reduction be lowered to 25%? • Type I procedure - decision by Staff Advisor, appealable to Planning Commission • Type II procedure - public hearing and decision by Planning Commission, appealable to City Council ✓ Should this be changed from a Type Ito a Type II procedure? The Council originally continued first reading and this item is schedule as such. However a revised draft ordinance language is not being provided at this time. The current draft of Chapterl8.63 is referenced in this memo as well as the attachment. The current draft was in the April 21, 2009 Council packet, attached to the Council Communication as Attachment 6: An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63 Water Resource Protection Zones. Related City Policies: Chapter N 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: None provided at this time. Staff requests direction from the Council on desired revision to the draft ordinance. Revised ordinances will be prepared. Staff recommends that first reading be continued to October 6, 2009. Attachments: None Page 3 of 3 ~r, CITY OF ASHLAND Council Communication Park Exclusion Amendment Meeting Date: September 8, 2009 Primary Staff Contact: Richard Appicello Department: Legal Department E-Mail: appicelr@ashland.or.us Secondary Dept.: Legal Department Secondary Contact: Megan Thornton Approval: Martha Bennett Estimated Time: 5 minutes Question: Should the City Council conduct and approve the first reading of an ordinance titled, "An Ordinance Relating to Exclusions from Park Property and Amending AMC 10.68.350"? Staff Recommendation: Staff recommends Council approval of the first reading by title only and that Council move the ordinance to a second reading. Background: Currently, AMC 10.68.350 establishes penalties for park violations. In addition to a fine, the AMC provides that an individual that violates park regulations can be excluded from any city park for ten (10) days. The right to exclude is a fundamental property right the City possesses like any other owner or real property. The proposed ordinance updates AMC 10.68.350 to comply with Yeakle v. City of Portland, a park exclusion case from 2004 that created a limited exception to park exclusions for first amendment activities. In addition, the maximum length of an exclusion has been increased to 120 days for a first violation and a maximum of 180 days for a second violation occurring within two years. The amendment is intended to give officers and code enforcement personnel the ability to increase the length of exclusions for more serious violations. Finally, the current code does not provide a means of appealing an exclusion. The proposed ordinance allows appeals of park exclusions and specifies that if a person appeals an exclusion, the exclusion is stayed during the appeals process. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve First Reading of the ordinance and set second reading for October 6, 2009. (2) Postpone First Reading.. Potential Motions: Staff: Conduct First Reading: AN ORDINANCE RELATING TO EXCLUSIONS FROM PARK PROPERTY AND AMENDING AMC 10.68.350 Council: Move to approve First Reading of the ordinance and set second reading for October 6, 2009. Attachments: Proposed ordinance Page 1 of 1 IAX, ORDINANCE NO. AN ORDINANCE RELATING TO EXCLUSIONS FROM PARK PROPERTY AND AMENDING AMC 10.68.350 Annotated to show deletions and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, it is necessary to clarify and update park exclusion procedures to clarify appeals and address the exercise of First Amendment rights pursuant to Yeakle v. City of Portland, 322 F. Supp. 2d 1119 (2004). THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.38.350 [Violation - Penalty] is hereby amended to read as follows: 10.68.350 `f*n-atman - Pe,;Penalties A. Violation. Any person who violates any of the provisions of this chapter is guilty of a violation an iRfFastion and shall be subject to the penalties set forth in Section 1.08.020. 13. The park GoFnFn*ssffiGn may also exclude any person who violates an provision of this rhapter, OF any suGh FUIe or Fegulatien, from any Git paFk fGF a PeFl d of n mot more than ten (10) day B. Exclusion. In addition to other remedies provided for violation of this Code, or of any of the laws of the State of Oregon, any peace officer, or park official or city code compliance officer may exclude any person who violates any applicable provision of law in a city park from any or all city parks for a period not to exceed 120 days for a first Ordinance No. Page 1 of 3 offense or 180 days for a second offense within a two year period. Nothing in this Section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but that violate applicable provisions of law, shall be subject to exclusion as provided by this Section. C. For purposes of this chapter, "applicable provision of law" includes any applicable provision of this chapter, or of any city ordinance, including state or city criminal laws and vehicle codes, or any rule, regulation, order or permit issued by the Parks Commission, Parks Director or the city council on recommendation of the parks commission, or any other applicable federal or state law or regulation. D. Criminal Trespass. This section is in addition to and not in lieu of any other ordinance or law. No person shall enter or remain in any park at any time during which a notice of exclusion is effective under this section. Entering a park in violation of an exclusion order constitutes criminal trespass in the second degree, which is a class C misdemeanor. E. Exclusion Process. (1) Written notice shall be given to any person excluded from any city park(s). Such notice shall specify the dates and places of exclusion. It shall be signed by the issuing party, warning of consequences for failure to comply shall be prominently displayed on the notice. (2) A person receiving such notice may appeal in accordance with AMC 2.30 to have the written notice rescinded or the period shortened. The appeal notice shall specify the relief sought and the reason for said relief. (3) The Hearing Officer shall uphold the exclusion if, upon de novo review, the preponderance of the evidence convinces the Hearing Officer that, more likely than not, the person in fact committed the crime or violation, and that the exclusion is otherwise in accordance with law. If an appeal of the exclusion is timely filed under AMC 2.30, the effectiveness of the exclusion shall be staved, pending the outcome of the appeal. If the exclusion is affirmed, the exclusion shall be effective immediately upon issuance of the written decision and the shall commence and run for the specified number of days thereafter. Ordinance No. Page 2 of 3 full forn-e- -upon the exp;Fat (10) 13ys after its adoption by the Counn-il and appFeval by the Fnayor. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. 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 4. 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, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) 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 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 No. Page 3 of 3 CITY OF ASHLAND Council Communication Amending AMC Chapter 2.41 Voluntary Campaign Contribution/Spending Limit Meeting Date: September 8, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder's Office E-Mail: christeb@ashland.or.us Secondary Dept.: City Attorney Secondary Contact: Richard Appicello Approval: Martha Bennett Estimated Time: 10 minutes Question: Would the Council approve first reading of the ordinance to amend Ashland Municipal Code Chapter 2.41 "Voluntary Contribution & Spending Limits for Candidates for City Offices" and place on agenda for second reading of the ordinance? Staff Recommendation: Recommendation is to approve first reading of ordinance and place on agenda for second reading. Background: In 1995 Councilor Steve Hauck initiated AMC 2.41 "Voluntary Contribution & Spending Limits for Candidates for City Offices," which was then adopted in 1995. The ordinance was brought forward in January 2009 by the City Recorder requesting that the definitions in the ordinance be more consistent with the requirements of State law. City Council requested the City Recorder review the City's voluntary campaign finance limits and recommend changes. Consultation from interested citizens in the community, including a representative from the League of Women's Voters was sought and important input was provided. Consensus from the group was to make the definitions in the ordinance consistent with State Election Law; change the formula to better suit the needs of the candidates; and bring the appeal process in line with the current Uniform Administrative Appeals process. Related City Policies: . City Charter Article 10, Ordinance adoption provisions Council Options: Approve/disapprove first reading and place on agenda for second reading of ordinance. Potential Motions: Motion to approve/disapprove first reading of ordinance and place on agenda for second reading. Attachments: Proposed Ordinance AMC 2.41 ~r, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 2.41 CONCERNING VOLUNTARY CONTRIBUTION AND SPENDING LIMITS FOR CANDIDATES FOR CITY OFFICES Annotated to show deletions and additions to the code sections being modified. Deletions are bold flned-thfGugh and additions are in bold underline. 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 Assn of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, (1975); and WHEREAS, the City Council requested the City Recorder review the City's voluntary campaign finance limits and recommend any desirable changes; and WHEREAS, on the recommendation of the City Recorder, the City of Ashland wishes to modify City Ordinances relating to Voluntary Contribution and Spending Limits for Candidates for City Offices to be more consistent with the requirements of state law; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 2.41 is hereby amended to read as follows: Section 2.41.010 Definitions. The words and phrases used in this chapter shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. Page 1 of 10 Iite_i.. [Teter . n,aer noe onn nn7 .,hece name is a he Arhals any time, whether OF ROt the Off'Ge who WhiGh the individual will spek m elpwfirm er the evnenft•t r add and ..d.ethe net the Rame of the ' 't' •fl al PFiRted OR the ballet; E) Mee, Q E"nent n [^'ted eGtien 2.41.020, t' b^te" er "Gent' bu tie .l r'er li. Te OF O behalf of v Gandidu;e+ Y" f.i ;Gai GOFn^ni.,e d (non 2794r e1 ~~p7~ T°°T7 2. RegaMin e 001[ t1'hPt['pl flG I ee VO •Oen 'al.TC1ti Q t'0IT Of r Ir hme G.J.u ~~y a 19I IIPO f~rf[~Gf~QtLl~f - Oprfjl1"l~9~ t[['[Q['[ ea....Ialent value enl.I the a value of it nh..ll hen •'tere't f lentnrll u,n , . u..c• inv\.I•dual qualified to .Irate nrler nent• O e.f• I ll n G. Ger~s4+talier~... u D. Cvnent n nre[I•defl 'n entign 2.4 7 f»n "expend" er ne flit 11 ' I a th °'Rde ndent expenditu .e.l Fnea +v un evnenfl•t a by n f Page 2 of 10 that 61.6 n A-t made with the GGGpeR;tl9R AW ~.vith the PFiGF G9R68Rt ef runs, dtatien Will n4 tbo mn es4 n estinn of nrl'rl.+4e'n agent n i uthE)Fmzed r m'Hee of tt`e n nrl'rlate. An ^d ip this n h erti"n. 1. "Agent" FneaRs aRy peFseR ::he h ass Art ial oral t4r .yrltten a therity, either express n plied to make OF to - ^r dherize the making of evpeeditr r n -behalf of a ^nd'd^te• n b Been planed in a nns'4'nn within GampaigR nation where it . Guld a Gtn,itieo then authorize a e^'t'4 r 2. "Glearl.~, Mined" FneaRGs A. Then of the ranrd'rdate 'n.,nh,ed appeam; G. The identity of the. GaRdidate, is apparent by unambiguous Fefe FRGe. . . 3. "ExpFe6sly artvnnatinn^ m mmr.niratinn rnntaln'ng ^ message candidate; er expressieas saGmas "vot~F," "eleGt," "sePPeh~sastyou ballet rr "Yete rr rr rr rr rr rr agaiRSt,defeat autheFmzed Gommittee of the then nnfiop A" a en't't11fe shall'be n ed to be marls n when it lsa i. ° c„ ,^fc...,ut ~bc f the ^d ~Mfgrv n plans, Yejcf°~ a. provided to the expending peFseRby the GaRdidate 9F by the GaRdidatn's, Made by or thrn gh a whe 'n or has been, anther'zed to rai end funds whe 's nr has been ofF'n of a pelitiral this chapte r OF n"y rvr Iles adopted by the rvvov. rvv. der r .velvativng, to imnrdependen4 .,..vv vvvt..vv the .vv.,-p.,-r.v.,-rrc exponditr es n n that exists fnr the puFpE)Ge, On whale eF paFt, of dealiRg with empleyers n GeNeGtlue sapaG*. r Page 3 of 10 H. "PE)"ti^ nee" rnp;; ns A ^ mhonAtm „fWfA , in l•.,•,1 als, or a 1.. supperti ~nr~ppo n"ndidate• o 2 11 Aak'Ra independent a eRdit lres `"d (A OF in eppesitiAn fn a GaRdidate. (ORD,29794 S4, 1997-) ^Puhlin 9#'Ge" means any n'tv e4Fne er position that 'c fill ed by the elenters d. 'With FeSpest to a SIR(gleBlenti"n" n the case of a GORtrih Lien to a ~,~-~,ea„s~ 1. The next elest'en to that n bra Gff•n after theme ntr bUtiGR ;spoor 2 In Gase of a nentrib,toAn made after a P'ent'., aRd designated in ,r't'n GE)Rtributian m be des'on..ted f"F a p elen-t'o nrler this „bsenfien 'f PFORGopal naFRpaion n mittee of then nrrrl.ate r o the nr.ntrih„tlr.n Section 2.41.020 Contribution and Expenditure Exclusions. Contribution and Expenditure Exclusions shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. A d' n u o v„ , 4 " does s osea this .sb „opt ~2r, sentrif3dte, sentrif3dtien, e~nd~expend;Re +nstudei , Q An ind'„'d al's sp of the ind;,,'d " 1's n al F sirlenna ndl din pFavided at the FeGeptmenj ch.nrne less than then al n Fable nharea if the nhaFge is at least equal to ' D. Any i e'mh„rsed payment fer travel e individual makes on behalf ai a candidate; E. Y leaR 7 f money ma '~adw e by ir i state ban ovrtrkr a a federally nhaFteFedd -r T'T°^vrc ep0°'a°' J i pteFest Fates fer the nateaen, of loan 'n ,el.,ed made e" the bas's that ropayment i videnned by a .r'tten 'nsfr, ent and is „bieGt to a dye date o amertozatien F-=;-;n-.h __r_m_um_rmn_f_qF of the loan, hE)weveF, shall be Page 4 of 10 ,♦~~hi~n~L~.~theperson ed to be liable i.. ,Fitton a en4 v enf 'f the to vete; rr.emberc. sharehelders n ploye n if the meFnberch*p organization 9 9ffiGe=and inrli,drlnol renderina g these nendes n, a olely ferthe n rur a of , .......and ~ the . ~ r..^,;., of Section 2.41.040 Expenditure Limit Definitions. The words and phrases used in this chapter, including specifically Expenditure Limit Definitions, shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. As used On eetiens 2.41.040 to 2.4 11.090• . By the GaRd'date n ..eting fgr the a ..d'date; Fgr the treasurer of the ndid..te r.r then ndidate's n pal GaFRPaigR sefnFAittee; rnrn*ttpp B. "Attrib table expenditure" deer net ndl Ide v„ endit re that is a e eat n a lean er an independent a enrl't ,r S. "Reser4er' meaRs the S,ty ReGGFdeF. D. 'With r eet to the cpeeial e Firm elevtie,"" rneano then ed begiRRiRg OR statement showsa ended ba.,l,a.R.Ge of r.gnti b tipnn a d't d f it and eRdiRg OR the 20th day afteF the date of the speoial or primwy e-le-n-tiA.R. E. 'With r eet to the gene-a' elent'en" means the p gd extending frr.m the tat the .e.andidaatee is GeFt Fed to the ..r„erde, aRd eRdin on DeveFnber-34. Section 2.41.050 Expenditure Limits. A. A candidate for public office may file a declaration of limitation on expenditures as described in section 2.41.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make Page 5 of 10 attributable expenditures in excess of $2,500 a dollar amount equal to the sum resulting from application of the following Expenditure Limit Formula: (County Verified Number of Registered Voters in the City of Ashland on January 1 of the current year) multiplied times (the postage rate for a piece of First Class Regular Mail) for any public office. B. For purposes of this section, attributable expenditures made prior to the applicable special, primary or general election reporting period in consideration for goods to be delivered or services to be rendered solely during the special, primary or general election reporting period shall be charged against the expenditure limits described in subsection$ A and-8rof this section in the reporting period during which the goods or services are delivered. C. A candidate or political committee described in subsections A and B of this section who have filed a declaration under this section stating that the candidate or committee will not make attributable expenditures with respect to the special, primary and general election in excess of the limits described in subsection/A and-B of this section shall not be bb nd by the declaration if any opposing candidate or political committee for the same public office at the same election has not filed a declaration indicating that the candidate or political committee will limit expenditures or has filed the statement but has made expenditures exceeding the applicable limit. (ORD 2794, S7 1997) D. The recorder is authorized to adjust annually on April January 1st of each year imposed by thus seGtion tG aGGGURt fGF inflation, based the expenditure limits Dpnpmh^r in DeeembeF. calculated by the Expenditure Limit Formula, identified in Section 2.41.050.A. above. Section 2.41.060 Declaration of Limits on Expenditures. A. The declaration of limits on expenditures filed under section 2.41.050 shall certify that with respect to the special, primary or general election, the candidate or the principal campaign committee of the candidate or political committee will not incur attributable expenditures in excess of the applicable expenditure limit described in section 2.41.050. B. The recorder shall prescribe forms for the filing of the information required by this section. The forms shall also include the name of the candidate by which the candidate is commonly known and by which the candidate transacts important private or official business. (ORD 2794, S8 1997) C. The declaration shall be filed with the recorder: 1. For a candidate, not later than the date the candidate files the name of the candidate's campaign treasurer; and 2. For a political committee, not later than the date that the name of a treasurer is certified to the recorder under ORS 260.035 or 260.037. Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure. Page 6 of 10 Expenditures Not Qualifying as an Independent Expenditure shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. B. Fnr n of sest•en 2.41.050, the a nt of a en't't r not qualifyiRg as an G6 FOF PUFP9686 Of the GOntFibUtieR limitations e6tablished by seGtien 2.4 1.030, the .arnount of one V Ye"'t't .e not tia " I•fJ.: n`J as an ind n d + d•t hall t GGUR expendltWe. as an indepeRdeRt expenditure if the expendituFe dees Rot qualify as aR iRdependepA nn.d•t.ve nrdeF sest•an 2.4 01101 C Section 2.41.080 Procedures and Appeals. A. With respect to any election, the recorder shall examine each contribution and expenditure statement of each candidate and political committee who filed a declaration of limitation on expenditures under section 2.41.050 to determine whether any candidate or political committee exceeded the applicable expenditure limit. If the recorder determines after any filing that a candidate or political committee has exceeded the applicable expenditure limit, the recorder shall send a notice of the recorder's determination to the candidate or the treasurer of the political committee. Notice shall be sent by certified mail, return receipt requested.. If the recorder determines that the recorder or any candidate for election to an office for which the recorder is also a candidate for election has exceeded the applicable expenditure limit, the information shall be sent to the city attorney, who shall be substituted for the recorder in any enforcement proceeding under this section and section 2.41.090. The notice also shall state that the candidate may appeal the recorder's or the city attorney's determination as provided in this section. B. An Appeal of the City Recorder or City Attorney's determination under subsection A shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30., except that the appeal shall be filed and processed in the office of the City Administrator. The appeal must be filed within ten (10) calendar days of the date of mailing of the notice of determination. 1. UpeR request of the GaRdidate OF P011tiGal if the Fequest is Fnade no , later than the seventh day after the di dat d the t' sent undeF Page 7 of 10 thap theseventh day aftef then nrlidat . r ....l the nrdine ent . nder sewed n ally "r by registered o ne'h'f'"d mail ' I. A `tate...ep# of the nark 's right to hearing, er a statement of the time aRd plaGe of the heaFing; iaeld; d shert and plain ,,ntateme..t of the Fnatte Fs a v ra enter! OF vrhrv a.y.,~ i.. . A . .a..,,,...,,n„, a......w.av..a .w-- 2. artier FAay e'e,.nt to. be, r fe6enwv by a el aRd to r end a Rd t pFeseR evideRGe aRd argument GR all issues involved. 4. At the GGFnrneRGeFneRt ef the heaFing, the heaFiRgS G#'GeF shall explain the ico..ec .olyed 'n the hearing aRd the matto that the ah' # eitheF prove or dispreve. 5. Testimony shall be takeR UPGR oath eF affirmatien of the witness fFeFn whem r rcoeneclv \ /ecd r~ du g the penrlenr of then ee tin an.# net'fy the ..art' of the rulings aRd #enfim The GFd need not he trap nrihed unless t d f at_a_heating held . nrler this sent'en but ' stead m sn h 'H f t' and five business days befefe the day of the he Section 2.41.100 Recorder Responsibilities. The recorder shall: A. Adept FUles as neGessary to Garry out the PFOVISiORS of sertions 2.41.040 to 2.41.090. - B. Prescribe forms for declarations required by section 2.41.050, and furnish the forms to persons required to file. B.C. Investigate when appropriate under the provisions of sections 2.41.040 to 2.41.090. Page 8 of 10 Section 2.41.110 Publication. A. The recorder shall: 1. For each candidate and political committee described in section 2.41.050, publish a statement in a newspaper of general circulation and published in the City, and any other medium the recorder shall deem appropriate, indicating whether or not the candidate has agreed to limit expenditures under section 2.41.050. 2. Include the statement described in subsection 1 on the nominating petitions of all prospective candidates for public office. B. If a candidate or political committee described in section 2.41.050 has agreed to limit expenditures, but is not bound by the agreement because an opponent or opposing political committee of the candidate or political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable expenditure limit, the published statement described in subsection 2.41.110.A.1 shall indicate that the candidate or political committee has agreed to limit expenditures and that the candidate or political committee is not bound by the agreement because an opponent of the candidate or opposing political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable spending limit. (ORD 2794, S10 1997) C. If the recorder or the city attorney finds under section 2.41.080 that a candidate described in section 2.41.050 filing a declaration of limitation on expenditures under section 2.41.050 has exceeded the applicable expenditure limit, at the next election at which the candidate is a candidate for election to public office, the recorder shall publish a statement, in a newspaper of general circulation and published in the City, indicating that the candidate violated a previous declaration of limitation on expenditures under section 2.41.050. The statement required by this subsection shall identify the date of the election at which the candidate exceeded the applicable expenditure limit. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. 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, 3-4) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors.. Page 9 of 10 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 Page 10 of 10 CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2.30 (Administrative Appeals) and AMC 1.04 Meeting Date: September 8, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Bennett egl p l Estimated Time: 20 minutes Question: Should the Council approve First Reading of an ordinance titled: "An Ordinance Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions," and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance. Background: As part of the amendment to AMC Chapter 2.41 concerning Voluntary Campaign Contribution Limits, certain appeal process details and safeguards were deleted from AMC 2.41.080 [see page 7-8 of the Voluntary Contribution Ordinance]. This ordinance simply adds the substance of the deleted sections to the Uniform Administrative Appeals Process Chapter 2.30. The Voluntary Expenditure ordinance now refers to AMC 2.30 for appeals. In addition, AMC 1.04 is amended to clarify that the word "day" means calendar day (as opposed to business day) and that if the last day for something to be done falls on a Saturday (in addition to Sundays or Holidays ) the time is extended to the next business day. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve First Reading of the ordinance and set second reading for October 6, 2009. (2) Postpone First Reading. Potential Motions: Staff: Conduct First Reading: AN ORDINANCE AMENDING THE UNIFORM ADMINISTRATIVE APPEALS PROCESS AMC CHAPTER 2.30 and AMC 1.04.010 DEFINITIONS. Council: Move to approve First Reading of the ordinance and set second reading for October 6, 2009. Attachments: Proposed ordinance Page 1 of 1 ORDINANCE NO. AN ORDINANCE AMENDING THE UNIFORM ADMINISTRATIVE APPEALS PROCESS AMC CHAPTER 2.30 and AMC 1.04.010 DEFINITIONS. Annotated to show 'i^'~ s and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, 'shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters Local 1660. Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland would like to amend the Uniform Administrative Appeals ordinance to provide additional clarity and more precise direction for the Hearings Officer; 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. Section 2.30.020 is hereby amended to read as follows: 2.30.020 Administrative Appeals Process. Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly authorizes use of this appeals process. Land use decisions subject to AMC Chapter 18 shall not be subject to the appeals process in this Chapter. Appeals processes are as follows: A. A person appealing the Department Head's or Director's action shall, within 10 Days of such action and mailing of written notice, file a written notice of appeal with the City Recorder. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or jurisdiction for the appeal, a statement of the appellant's standing or right to be heard, the Page 1 of 5 nature of the decision being appealed, a short and plain narrative statement including the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved„ and the result the appellant desires on appeal. B. The City Recorder shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer, and notify the appellant in writing of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council. D. The appellan parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on his OFheFappeal. E. The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearing after reasonable notice. The Hearing Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer's decision shall be the final decision of the City, and it shall be issued in writing. The Hearing Officer shall at a minimum: 1) At the commencement of the hearing, the hearings officer shall explain the relevant issues involved in the hearing, applicable procedures and the burden of proof. 2) At the commencement of the hearing the hearings officer shall place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing which was made to the officer outside the official proceedings during the pendency of the proceeding. The parties shall be notified of the substance of the communication and the right to rebut the communication. Notwithstanding the above, the Parties are prohibited from engaging in ex parte communications with the hearing officer. 3) Testimony shall be taken upon oath or affirmation of the witnesses. 4) The Hearings officer shall insure that the record developed at the hearing shows a full and fair inquiry into the relevant and material facts for consideration fo the issues properly before the hearings officer. 5) A verbatim, written or mechanical record shall be made of all motions, rulings and testimony. The record need not be transcribed unless requested for purposes of rehearing or Court review. The City shall require a deposit for costs of transcription or a copy of such transcription. 6) Wriften testimony may be submitted under penalty of false swearing for entry into the record. All written evidence shall be filed with the City recorder no less than (5) five working days before the date of the hearing. Page 2 of 5 7) Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default. F. The action of the Department Head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. SECTION 3. AMC Section 1.04.010 is hereby amended to read as follows: 1.04.010 General Provisions. Definitions. The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. A. City means the City of Ashland, Oregon, or the area within the territorial limit of the City of Ashland, Oregon, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision. B. Computation of time means the time within which the act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be a Saturday, Sunday or a legal holiday, that day shall be excluded. C. Council means the City Council of the City of Ashland, Oregon. All its members or all councilors means the total number of councilors provided by the general laws of the State of Oregon. D. County means the County of Jackson, Oregon. E. Day means calendar day, unless otherwise stated. F.€. Law denotes applicable federal law, the constitution and statutes of the State of Oregon, the ordinances of the City of Ashland, and when appropriate, any and all rules and regulations which may be promulgated thereunder. G. F-. May is permissive. H. G. Month means a calendar month. 1.14. Must and shall are each mandatory. J. 1-. Oath includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed. K. J. Ordinance means a law of the City; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution. Page 3 of 5 L. K-. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. M. L. Person means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. N. M. Personal property includes money, goods, chattels, things in action and evidences of debt. O. N. Preceding and following mean next before and next after, respectively. P. Q. Property includes real and personal property. Q. R. Real property includes lands, tenements and hereditaments. R. Q. Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. S. R-. State means the State of Oregon. T. S. Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. U. T. Tenant and occupant, applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with. others. V. U. Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City. W. V. Written includes printed, typewritten, mimeographed or multi-graphed. X. W. Year means a calendar year. Y. X_. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Z. Y-. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 1810 (part), 1974) SECTION 4. 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 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, Page 4 of 5 4 and 5) 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 Page 5 of 5 CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards Meeting Date: September 8, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Bennett ey Estimated Time: 20 minutes Question: Should the Council approve First Reading of an ordinance amending Council Rules Chapter 2.04.090, 2.04. 100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance. Background: In 2006 and 2007 the Council Rules Committee worked on Council rules concerning how the Council and Mayor act in relationship to appointed commissions, committees and boards. These rules concern matters such as the appointment and removal of members of regular boards as well as ad hoc entities, like task forces. The Council Rules Committee also worked on rules concerning the role and duties of the Council liaison. The attached ordinance [Part 1 ] is an expansion of the 5/29/07 draft created by the Council Rules Committee only as it concerns the relationship of the Mayor and Council to the Commissions, e.g. appointment, removal, and roles of the liaison. [See attached 5129107 draft specifically numbered paragraphs 9 Commissions and I1 Liaisons which corresponds with the outline presently in AMC 2.04.090 and AMC 2.04.110. ] Another ordinance [Part2] concerns establishment of uniform policies and operating procedures for all commissions, committees and boards. [See attached 5129107 draft specifically numbered paragraph 10 regarding Uniform Rules which corresponds with the outline presently in AMC 2.04.100.] Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve First Reading of the ordinance and set second reading for October 20, 2009. (2) Postpone First Reading to October 6, 2009. Potential Motions: Staff: Conduct First Reading: AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04.090, 2.04.100 AND 2.04.110 RELATING TO COUNCIL RULES Page 1 oft CITY OF ASHLAND Council: Move to approve First Reading of the ordinance and set second reading for October 20, 2009. Attachments: Proposed ordinance 5/29/07 draft Page 2 of 2 MA, ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04. 090, 2.04.100 AND 2.04.110 RELATING TO COUNCIL RULES Annotated to show deletieas and additions to the code sections being modified. Deletions are bold and additions are bold underlined. WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the Council Rules codified in AMC Chapter 2, under which the City Council operates; and WHEREAS, as part of the Council Rules review, the Council Rules Committee began a review and discussion of the rules under which its advisory boards and commissions operate and the relationship of the Council and Mayor to such bodies; and WHEREAS, the City Council desires to complete the work of the Council Rules Committee as it relates to Additional Council Rules [this ordinance] as well as Uniform Policies and Operating Procedures for Advisory Bodies [separate ordinance]; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 2.04.090 [Commissions, Committees, and Boards] is hereby amended to read as follows: 2.04.090 Commissions, Committees, and Boards A. Establishing Commissions, Committees or Boards. Commissions, committees and boards originate from different sources, including Oregon State Statute, City Charter and Municipal Code; others are established by direction of the Mayor or the Citv Council. Advisory Commissions and Boards which are permanent [Regular] shall been codified in AMC Chapter 2, including but not limited to Forest Lands Commission. Planning Commission, Transportation Commission, Planning Hearings Board. Public Recreation Commission. Public Arts Commission, Conservation Commission, Ashland Airport Commission. Historic Commission. Tree Commission, and the Municipal Audit Committee. AMC 2.10 contains code common to all Appointed Commissions and Boards. B. Ceupm.WAd-hoc Committees and Task Forces. Page 1 of 7 The Mayor shall have the authority, independent of the Council, to form ad-hoc committees or task forces to deal with specific tasks within specific time frames. Such committees or task forces shall make recommendations by way of a formal report to the Citv Council. The Mayor or City Administrator may refer matters to the appropriate ad hoc committee or task force. The Mayor with the consent of the Council shall appoint the membership of such committees or task forces. Members of Regular Boards and Commissions may be appointed to ad hoc committees and task forces. The City Administrator shall by order establish the ad hoc body's scope of the work. The Council has the authority to follow the recommendations, change the recommendations, take no action, remand the matter back to the ad hoc body or take any other action it sees fit. The Council by maiority vote may remove a member of an ad hoc committee or task force at any time, with or without cause. The City Council by maiority vote may amend or dissolve an ad hoc committee or task force. C. Regular Commission and Board Membership Appointments. Except for the Municipal Audit Committee (AMC 2.11), all committees and Boards not required by state law to be appointed by the Citv Council shall be appointed by the Mayor with the consent of the Council. The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer with the consent of the Council. When necessary, the Mayor shall stagger the initial expiration of terms of appointees, such as in the case of a new commission, board or committee. The Mayor shall not appoint, nor shall the Council consent to the appointment of a person to more than two (2) Regular Board. Committee or Commission at a time. This rule shall not apply to the Planning Hearing Board. Because broad citizen participation is encouraged the Mayor shall not appoint nor shall the Council confirm a person to more than five (5) full terms on any single Regular Board or Commission. D. Mayor Membership on Ashland Budget Committee. For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. and shall be a voting member of the budget committee. E. Student Membership on Regular Commission and Committees. Page 2 of 7 The Mayor with the consent of the City Council may add to the membership of any city Commission, Committee, or Board up to two positions for student liaisons. The student liaisons shall be non- voting ex officio members of their respective commissions or committees. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. F. Regular Membership Removal Process. The City Council, with or without cause, may by majority vote of the City Council at a regular meeting, remove any Regular Commission, Committee or Board member prior to the expiration of the term of the appointment. Written notice of removal to the affected member shall be provided. Removal shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term in accordance with paragraph C. above. Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed by the procedures in ORS 227.030. Hearings under ORS 227.030 are hereby delegated by the governing body to the City Administrator or Hearings Officer in accordance with the AMC. 2.30, the Uniform Administrative Appeals Ordinance. G. Changing or Dissolving a Regular Commission, Committee or Board. After the commission, committee or board has been formed and codified, any change or dissolution requires an ordinance amending the Municipal Code. SECTION 2. AMC 2.04.100 [Operating Policies and Procedures Commissions, Committees and Boards] is hereby amended to read as follows: 2.04.100 QpeFating PGliGies and o r Cemrn*SSions, Committees and Retards A Public Mee Ling Law. Q Robert's Rules of OrdeF -BeO~ D Agendas and Minutes. E. AbsenGes. F..-QUGFUFn. H. Lobbying. -Goals. Page 3 of 7 J: Hale of Staff-. I! Final De Gisie R-Makffing L. Numberof Meetings. M. Netise. N Re ffe renting the Commission Ge.n;Fnittee e F Bea Fd 0o. Budget. P. Expenses. Q- Committees. R. Suspensien of OPeratiRg DFGGedUFes SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to read as follows: 2.04.100 440 Council Liaisons A. Role and Responsibilities of Council Liaisons. a. The primary role of a Council liaison is to facilitate communication between the relevant organization and the Council. As relates to non-regional or city advisory commissions, committees and boards, a Council Liaison is not a member of the advisory body, is not a voting member and may not serve as Chair. Notwithstanding the above, if a City Councilor, Mayor or other elected official is a member (voting or non-voting) of an advisory commission, committee or board, the Code will specifically designate them as such. b. City Councilors serve as liaisons to commissions. committees, boards, community organizations and other agencies and are expected to represent the full Citv Council in interacting with the group. This expectation extends to representation of the City in formal meetings, informal meetings and lobbying. In all other instances council members may attend meetings as individuals and will identify their comments as personal views or opinions not a representation of city council policy. B. Attendance. Liaisons shall attend all regular meetings of the Commissions. Committees, Boards, or Task Forces to which they have assigned. In the event a liaison has difficulty attending, the liaison should find an alternate to attend or review the video or other record of the proceeding. In the event of a continuing scheduling conflict, the Liaison should ask the Mayor to be reassigned. Liaisons shall not Page 4 of 7 attend quasi-judicial proceedings when the final appeal or final decision is or could come before the City Council. C. Deliberations. a. The City Council values diversity of opinion. A significant role of an advisory body is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Accordingly, under no circumstances is a liaison to a City advisory body to attempt to direct debate, lobby, or otherwise influence the direction or decisions of any advisory body to which he or she has been assigned. Any attempt to do so may result in removal from the liaison position. Accordingly. Council liaisons may wish to limit their participation during debate and deliberations to answering questions. b. This restriction on deliberation, lobbying and directing debate does not apply to a liaison who is representing the City Council's position on a regional body that includes elected officials from other jurisdictions. D. Respect for Presiding Officer. Except where the Code expressly provides otherwise, City Councilors attending advisory body meetings as liaisons are not "members" of the advisory body and as such cannot participate in the proceedings of the advisory body as a matter of right. When the Council liaison is representing the City Council on a regional body, the Liaison has all rights and powers of a member as set forth in the statutes, rules or ordinances creating such body. Accordingly, Councilors attending advisory body or regional body meetings as liaisons or as individuals shall accord the same respect toward the Chair and other members as they do towards the Mayor, Presiding officer or each other. E. Council Information. Liaisons will inform the advisory bodies to which they have been appointed liaison of Council agenda items and Council decisions that may be of interest to the advisory body. Liaisons shall also encourage advisory board members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the city. To facilitate the above, and notwithstanding any other provision of the Code, the Chair of an advisory body shall Page 5 of 7 periodically place on the Agenda for the advisory body, an item labeled "Report of Council Liaison". F. Role of Liaison as Regards Vacancies. The Council liaison for each advisory body, together with the advisory body chair and assigned staff liaison will make recommendations to the Mayor for appointment of citizens to fill vacancies on their respective advisory bodies. G. Reporting to the Council. Council liaisons shall periodically report to the entire Council on significant and important activities of each advisory body or regional body to which they have been assigned. In addition, each advisory body and regional body should be invited to give a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reporting responsibility. 1. Liaison Appointment Process and Term. The Mayor will appoint a Councilor to act as a Council liaison to each and every advisory commission, committee, or board, as well as any other community organization, entity or agency for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors who are appointed to Commissions, Committees or Boards as members (voting or non-voting) may also serve as Liaisons. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments shall be for a term of one year unless otherwise expressly stated. Appointments are generally made on an annual basis in January and the Mayor shall make every effort to rotate liaison assignments. J. Removal from a Liaison Assignment The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon two-thirds vote of the entire Council. SECTION 4. 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. Page 6 of 7 SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 4-5) 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 Christensen, City Recorder SIGNED and APPROVED this day of 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 7 of 7 Council Rules - Sections 9-11 Review by Subcommittee on Commissions Submitted by David Chapman - May 28, 2007 From Draft Council Rules to be reviewed by Committee on Commissions (Note: Section 9 and Section 11 reflect changes identified by Rules Committee November 28, 2006. Rules Committee requests Committee on Commissions to review Section 10) Original document sent by Ann Seltzer on 5/1/2007: 5 1 07 Council Rules to be Reviewed Notes: 1. References include Ann's draft, earlier drafts, and Council Rules and Procedures from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and Newburg. 2. We must make the cases of Mayor, Council, chair, presiding officer and City consistent throughout the document. 3. I have not overcome the assistance of MS Word and this needs to be formatted consistent with Ann's Draft 4. Check references to ORS and AMC. 9. COMMISSIONS, COMMITTEES and BOARDS The City has established several commissions, committees and boards as a means of providing detailed study, action and recommendations. Citizens who serve with these organizations become more involved in local government, more informed and serve as advisors to the City. They are a valuable resource to Ashland's leadership and should be treated with appreciation and respect. 9.1 Establishing commissions, committees or boards Commissions, committees and boards originate from different sources. Some are established by State statute, Charter provision, or ordinance. Others are established by direction of the Mayor or the Council. It is Council discretion as to whether or not any advisory body should be set forth in the Code by ordinance. AMC contains code common to all commissions. A Commission Template will be used to generate an ordinance with information specific to the new commission to be adopted. 9.2 Council Ad-hoc Committees The Mayor shall have the authority to form ad-hoc committees to deal with specific tasks within specific time frames and make recommendations to the Council. The Mayor or City Administrator may refer matters to the appropriate committee. The Mayor with the consent of the Council shall establish the tasks and the membership criteria for the committees.. The reports of the ad-hoc committee shall only have the authority of recommendations to the Council. The Council has the authority to follow 1 the recommendations, change the recommendations, refer the matter back to the committee or take any action it sees fit. 9.3 Membership Appointments All committees not required by State law to be appointed by the Council shall be appointed by the Mayor with the consent of the Council, except for the Audit Committee (Resolution 2003-07). The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer with the consent of the Council. Broad citizen participation will be encouraged by limiting the number of terms that a member may serve. A citizen may not serve on more than two commissions simultaneously and may not be Chair of both. The terms of all members shall be three years and end on April 30. 9.4 Membership on Ashland Budget Committee For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. (AMC 2.04.140) and is a voting member of the budget committee. 9.5 Student Membership on Commission and Committees The Mayor with the consent of the Council may add to the membership of any city commission, up to two positions for student liaisons, whether such commission or committee was established by ordinance or resolution. The student liaisons shall be non-voting ex officio members of their respective commissions or committees. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. The requirement of sections 2.04.080 and 2.04.081 shall not apply to the students chosen under this section. 9.6 Membership Removal Process Upon consensus of the Council, a citizen may be removed prior to the expiration of the term of the appointment. Notice of removal to the affected member shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term as described in 9.3 9.7 Changing or Dissolving a Commission, Committee or Board After the commission, committee or board has been formally announced they cannot be changed except at a regular meeting of the Council and by a majority vote of the members present. (AMC 2.04.080, 2.04.081) 10 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES and BOARDS As commissions, committees and boards have been formed and reformed throughout the years, adoption of uniform rules of procedure has become necessary to assure maximum productivity. The following policies govern the City's commissions, 2 committees and boards. Some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, by-laws or at times state law. 10.1 Public Meeting Law All meetings of commissions, committees and boards are subject to public meeting laws of the State of Oregon. 10.2 Robert's Rules of Order Roberts Rules of Order shall be authority for the government of the commissions committees and boards during its sessions, when not in conflict with the city charter and these code rules. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. 10.3 Deliberation It is the duty of the chair or presiding officer to ensure that each member has the opportunity to speak. Members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call upon the chair to keep the discussion moving if the discussion becomes bogged down. No member shall speak more than once until every member choosing to speak shall have spoken or waived their right to do so. No member shall speak more than twice on the same motion without leave of the presiding officer. 10.4 Agendas and Minutes The chair or staff liaison will be responsible for the agenda of all meetings of commissions, committees and boards. A member or staff liaison will be responsible for taking minutes. Agendas and minutes will be posted on the city's web site. Members are encouraged to access those documents from the web site. Unless requested by members, staff will not mail the documents. 10.5 Absences If a member will be absent from a meeting the member will notify the chair or the staff liaison at least two hours prior to the meeting. Each ordinance and resolution specific to the commission details the number of permitted absences before removal is considered. If there is a scheduling problem, a member should request to be replaced out of respect for the other members. With the exception of the Audit Committee, appointees can be removed by the Mayor, with consent of the council for any reason. Planning commissioners may be removed for cause after hearing by city council for misconduct or non-performance of duty. (ORS227.030 and AMC 2.12.035) 10.6 Quorum A quorum for conducting business is a majority of the total membership. A majority of the quorum is necessary to adopt any motion. Membership need not be physically present at a meeting if another meeting format including conference calls, virtual meetings via the Internet etc. has been previously agreed to by the group. 3 10.7 Code of Ethics The City of Ashland is committed to the highest ethical standards for its public officials. To ensure public confidence, all members of commissions, committees and boards must be independent, impartial, responsible and not use their position for personal gain. Members of should be aware the codes of ethical conduct set forth by the state and the city in ORS244.040 and in AMC 3.08.020. 10.8 Lobbying Unless specifically directed by the city council to state the city's official position on federal, state or county legislative matters, no lobbying before other elected bodies or committees will be undertaken by members of boards commissions or committees. An individual is free to voice a position on an issue as long as it is made clear that the speaker is not speaking as a representative of the city or as a member of a board, commission or committee. 10.9 Goals Commissions, committees and boards are encouraged to establish annual goals and action items that reflect the group's charge as stated in the specific commission ordinance or resolution. They are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. 10.10 Role of Staff At least one staff person is assigned to work with each Commission, Committee or Board. The staff liaison provides professional guidance, continuity, and insight into City policy and attends all commission meetings. The staff liaison supports the group as a whole and cannot do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. 10.11 Final Decision Making With the exception of the quasi-judicial body commissions, committees and boards are advisory to the council. The city council is the final decision-maker on all city policies and the use of city resources. 10.12 Number of Meetings Unless otherwise provided by law, the number of meetings related to business needs of the commission, committee or boards may be set by the individual body. 10.13 Notice Advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted on the city's website. In the case of emergency or when a state of emergency has been declared, notice 4 appropriate to the circumstances shall be provided and reasons justifying the lack of 36-hour notice shall be included in the minutes of such meeting. 10.14 Representing the Commission, Committee or Board Members should only represent the opinion or position of the group if authorized by the full membership. 10.15 Budget Money is set aside in department budgets for commission expenses. Should a commission require additional funds, requests should be submitted to the department head through the staff liaison. 10.16 Expenses Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to committee business. 10.17 Committees Committees may be formed for the purpose of gathering information and forming a recommendation and brought forward to the full committee. However, only the full membership can vote on and accept the recommendation. Committees must meet the requirements of the Oregon Public Meetings law. I I COUNCIL LIAISONS Councilors serve as liaisons to commissions, committees, boards, community organizations and other agencies and are expected to represent the full Council in providing guidance to the group. In all other instances council members may attend meetings as individuals and will identify their comments as personal views or opinions not a representation of city council policy. 11.1 Role and Responsibilities of Council Liaisons The primary role of a Council committee liaison is to facilitate communication between the relevant organization and the Council. 11.2 Attendance Liaisons shall attend meetings of the committees for which they have assigned. If this becomes a problem, they should find an alternate or ask the Mayor to be reassigned. 11.3 Deliberations Complete debate is essential to committee effectiveness. Thus, Council liaisons may wish to limit his or her participation in a committee's deliberations and debate. Under no circumstances is a liaison to attempt to direct debate, lobby, or otherwise influence the direction or decisions of any committee to which he or she has been assigned. Any attempt to do so may result in removal from the liaison position. Note that the prohibition on lobbying and directing debate may not apply when the liaison is 5 representing the city on a regional committee that includes elected officials from other jurisdictions. 11.4 Respect Be respectful of diverse opinion. A primary role of committees is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Be respectful of the Chair and the agenda. Councilors attending meetings as liaisons or individuals should accord the same respect toward the Chair and other members as they do towards the Mayor, presiding officer or each other. 11.5 Council Information Liaisons will inform the committees to which they have been appointed liaison of all meeting agenda items and of Council decisions that may be of interest to the committee. Liaisons shall also encourage committee members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the city organization. 11.6 Vacancies The Council liaison for each commission, together with the commission chair and assigned staff liaison will interview citizens to fill vacancies on their committees and will make recommendations to the Mayor for appointment. 11.7 Reporting to the Council Council liaisons shall periodically report to the entire Council on significant and important activities of each committee to which they have been assigned. In addition, each commission should be scheduled to give a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reporting responsibility. 11.8 Liaison Appointment Process The Mayor will appoint a Councilor to act as a Council liaison to all commissions, committees, boards, community organizations and other agencies for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments are generally made on an annual basis in January and the Mayor shall make every effort to rotate liaison assignments. 11.9 Removal from a Liaison Assignment The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon consensus of the entire Council. 6 CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards Meeting Date: September 8, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Bennett p v Estimated' Time: 20 minutes Question: Should the Council approve First Reading of an ordinance providing for uniform polices and operating procedures for advisory commissions, committees and boards, adding new AMC Chapters 2.10, 2.11, 2,15, 2.19 and 2.29 and amending AMC Chapters 2.12, 2,13, 2.17, 2.18, 2.21, 2.23, 2.24, 2.25 and repealing four resolutions, and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance. Background: Earlier this year the Conservation Commission requested changes to the Resolution forming the Commission. The City Recorder and City Attorney recommended codification of the Conservation Commission Resolution and the City Council passed an ordinance to that effect. During discussion, Councilor Chapman suggested staff review the work of the 2007 City Council Rules Committee which included establishment of uniform policies and operating procedures for all commissions, committees and boards. [See attached 5129107 draft specifically numbered paragraph 10 regarding Uniform Rules which corresponds with the outline presently in AMC 2.04.100.] The attached ordinance [Part 21 is an expansion of the 5/29/07 draft created by the Council Rules Committee only as it related to paragraph 10. Another ordinance [Part I ] concerns the relationship of the Mayor and Council to the Commissions, e.g. appointment, removal, and roles of the liaison. [See attached 5129107 draft specifically numbered paragraphs 9 Commissions and 1 Liaisons which corresponds with the outline presently in AMC 2.04.090 and AMC 2.04.110. ] This Ordinance does the following: I . Creation of a New Chapter 2.10 Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards. This new Chapter builds on the outline presently in the Ashland Municipal Code [AMC 2.04. 100] and the City Council Rules Committee draft from 2007. Matters common to all commissions, such as appointment terms, attendance, quorum and lack thereof, election of officers, gifts, and reports are made uniform and the provisions now made duplicative in subsequent chapters for individual commissions are removed. Page] of 2 91FAWA CITY OF ASHLAND 2. Two Commissions and one Committee are added to the Code and corresponding resolutions repealed. The Municipal Audit Committee, Forest Lands Commission, and Housing Commission, are now codified in Chapters 2.11, 2.15 and 2.19 respectively. 3. Existing Code for each of the regular Commissions is amended to delete matters covered by the Uniform Rules Chapter 2.10. Essentially, with few exceptions, individual Commission chapters are reduced to formation and powers and duties. 4. The substantive Public Art process which was inappropriately included in the Public Art Commission Chapter 2.17 is removed and placed in a new Public Art Chapter 2.29 Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Move to approve First Reading of the ordinance and set second reading for October 20, 2009. (2) Postpone First Reading to October 6, 2009. Potential Motions: Staff: Conduct First Reading: AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A NEW CHAPTER 2. 10, PROVIDING FOR UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMITTEE; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION, AND AMENDING AMC 2.12 PLANNING COMMISSION, AMC 2.13 TRANSPORTATION COMMISSION, AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23 ASHLAND AIRPORT COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE COMMISSION, REPEALING RESOLUTIONS 1995-25,1996-18,2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART Council: Move to approve First Reading of the ordinance and set second reading for October 20, 2009. Attachments: Proposed ordinance 5/29/07 draft Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMITTEE; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION, AND AMENDING AMC 2.12 PLANNING COMMISSION, AMC 2.13 TRANSPORTATION COMMISSION, AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23 ASHLAND AIRPORT COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE COMMISSION, REPEALING RESOLUTIONS 1995-25,1996-18, 2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART Annotated to show deletienG and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the Council Rules codified in AMC Chapter 2, under which the City Council operates; and WHEREAS, as part of the Council Rules review, the Council Rules Committee began a review and discussion of the rules under which its advisory commissions, committees and boards operate; and WHEREAS, in various Ordinances and Resolutions, the City has established numerous commissions, committees and boards as a means of providing detailed study, action and recommendations to the Council; and WHEREAS, the City Council desires to complete the work of the Council Rules Committee as it relates to Additional Council Rules [separate ordinance] as well as Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards [this ordinance]; and WHEREAS, the City Council wishes to codify Regular Commissions such as Housing Commission, Forest Lands Commission and the Municipal Audit Committee in the Ashland Municipal Code and edit existing ordinances to reduce duplication; and Page 1 of 49 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 2.10 [Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards] is hereby added to the Ashland Municipal Code to read as follows: 2.10 Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards 2.10.005 Purpose. Advisory commissions, committees and boards (advisory bodies) require uniform rules, policies and operating procedures to assure maximum productivity and fairness for members and the public. Except where otherwise provided in this Code, the following policies and procedures govern all the City's advisory commissions, committees and boards. Nothing herein removes the requirement for compliance with more specific regulations and guidelines set forth by state statute, administrative rule, ordinance, or resolution specific to the advisory body. These rules do not apply to the elected Parks and Recreation Commission. 2.10.010 Created or Established. See individual Commission, Committee or Board Code Chapters codified between AMC 2.11 and AMC 2.25. 2.10.015 Appointment. See AMC 2.04.090.C. 2.10.020 Terms, Term Limits and-Vacancies All successors to original members of an advisory commission, committee or board, shall have a three (3) year term, except as otherwise provided in the appointment order. Notwithstanding the three year limitation. Planning Commissioners shall serve four (4) year terms. All regular terms shall commence with appointment and shall expire on April 30 of the third year, unless otherwise provided in the appointment order. The appointing authority may stagger terms in the original appointment order as necessary. No member may serve more than five (5) terms on any single commission, committee or board. Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for any unexpired portion of the term as provided in AMC 2.04.090.C. 2.10.025 Meetings and Attendance. Unless otherwise provided by law, the number of meetings related to business needs of an advisory commission, committee or boards may be set by the advisory body. All members are expected to attend all regularly scheduled meetings, study sessions and special meetings, when applicable. If a member will be absent from a meeting the member must notify the chair or the staff liaison at least two hours prior to the meeting. Any member who has two or more unexcused absences in a six month period fi.e. January 1- June 30 or July 1 - December 311 shall be considered inactive and the position vacant. Further any member not attending a minimum of two-thirds (2/3) of all scheduled Page 2 of 49 meetings (inclusive of study sessions and special meetings) shall be considered inactive and the position vacant. Attendance shall be reviewed by the commission, committee or board during the regularly scheduled meetings in January and July, with a report sent to the Mayor and Citv Council advising of the need for appointment or re-appointment, if necessary. 2.10.030 Removal. See AMC 2.04.090.F. 2.10.035. Public Meeting Law. All meetings of advisory commissions, committees and boards are subject to strict compliance with public meeting laws of the State of Oregon. Notwithstanding notice requirements under Oregon law, advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted on the city's website. In the case of emergency or when a state of emergency has been declared, notice appropriate to the circumstances shall be provided and reasons iustifying the lack of 36-hour notice shall be included in the minutes of such meeting. 2.10.040 Quorum-and Effect of Lack Thereof. A quorum shall be determined by dividing the number of regular members of the body by two and adding one or, in the case of a fractional result, rounding up to the next whole number. Non-voting ex officio members, staff and liaisons do not count toward the quorum. A majority of the quorum is necessary to adopt any motion. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, Internet etc.) has been established by the membership and public meetings law requirements are met. If there is no quorum for a meeting, no official business shall be conducted and all matters advertised shall automatically be continued to the next regularly scheduled meeting. 2.10.045 Council Liaison. See AMC 2.04.100. 2.10.050. Election of Officers. Secretary, and Subcommittees. At its first meeting of the year the advisory commission, committee or board shall elect a chair and a vice chair who shall hold office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an officer for more than two consecutive terms. Without the need for an appointment, the head of the City Department staffing the commission, committee or board shall be the Secretary and shall be responsible for keepinq an accurate record of all proceedings. The Department head may delegate such tasks to a staff liaison. Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought forward to the full advisory body. Provided however, only the full Page 3 of 49 body can make recommendations to the City Council. Subcommittees must comply fully with the requirements of Oregon Public Meetings law. 2.10.055. Role of Staff. At least one staff person is assigned to work with each advisory commission, committee or board. The staff liaison provides professional guidance, continuity, and insight into City policy and attends all regular and special meetings and workshops. The staff liaison supports the group as a whole and shall not do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. 2.10.060 Agendas and Minutes. The chair or staff liaison will be responsible for the agenda of all meetings of advisory commissions, committees and boards. A member or staff liaison will be responsible for taking minutes. Agendas and minutes will be posted on the city's web site. Members are encouraged to access those documents from the web site. Staff will email or mail documents to members upon request. The Council Liaison shall periodically be given the opportunity to report to the commission, committee or board. 2.10.065. Goals. Advisory commissions, committees and boards are encouraged to establish annual goals and action items that reflect the body's charge as stated in the specific commission ordinance. Advisory bodies are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. 2.10.070. Rules and Regulations. The advisory commission, committee or board may make such rules and regulations as are necessary for its governance, including the conduct of meetings, when not inconsistent with Ashland Municipal Code or Oregon law. 2.10.075. Robert's Rules of Order. Roberts Rules of Order shall govern the conduct of all meetings of advisory commissions, committees and boards, when not in conflict with the Ashland City Charter and the Ashland Municipal Code. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. 2.10.080. Code of Ethics. The City of Ashland is committed to the highest ethical standards for its public officials. To ensure public confidence, all members of advisory commissions, committees and boards must be independent, impartial, responsible and not use their position for personal gain or to benefit or harm others. Advisory commissions, committees and boards shall operate in the general public interest serving the community Page 4 of 49 as a whole and shall serve no special interests. Advisory commission, committee and board members shall not endorse any commercial product or enterprise. Members should be aware the criminal codes, ethics and conflict of interest laws set forth in state statutes and city ordinances, including but not limited to the State of Oregon Criminal Code, ORS 244 and in AMC Chapter 3.08. 2.10.085. Deliberation. It is the duty of the chair or presiding officer to ensure that each member has the opportunity to speak. Members speak only for themselves and shall be open, direct and candid. Members shall strive to deliberate to a decision and shall rely upon the chair to keep the discussion moving. No member shall speak more than once until every member choosing to speak shall have spoken or waived their right to do so. No member shall speak more than twice on the same motion without leave of the presiding officer. 2.10.090. Council as Final Decision-Maker. With the exception of certain delegated quasi-judicial actions, most advisory commissions, committees and boards do not make final decisions subject to appeal but rather make recommendations to, or act in an advisory capacity to the council. The City Council is the final decision-maker on all city policies and the use of city resources. 2.10.095 Gifts. Subject to the acceptance of the City Council, an advisory body may receive gifts, bequests or devises of property in the name of the City to carry out any of the purposes of the advisory commission, committee or board, which funds shall be segregated from other funds for use with the approval of the City Council. 2.10.100 Budget, Compensation and Expenses. Money is set aside in department budgets for Commission. Committee and Board expenses. Should an advisory body require additional funds, requests should be submitted to the department head through the staff liaison. Regular members of the advisory commissions, committees and boards shall receive no compensation for services rendered. Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to official business. 2.10.105 Reports. Advisory commissions, committees and boards shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested by the Mayor and City Council. Unless otherwise expressly provide in the Ashland Municipal Code or State Law, all reports or recommendations of Citv advisory bodies committee shall be considered advisory in nature and shall not be binding on the mayor or city council. Page 5 of 49 2.10.110. Lobbying and Representing the City. Members shall only represent the opinion or position of the advisory body if specifically authorized by the full membership at a duly advertised meeting. Unless specifically directed by the City Council to state the city's official position on federal, state or county legislative matters, no lobbying before other elected bodies or committees will be undertaken by members of advisorv commissions, committees and boards. An individual member is free to voice a position on any issue as long as it is made clear that the speaker is not speaking as a representative of the city or as a member of an advisory commission, committee or board. Advisory body members are prohibited from engaging in political activity in accordance with ORS 260.432. SECTION 2. A new Chapter AMC 2.11 [Municipal Audit Committee] is hereby added to the Ashland Municipal Code to read as follows: 2.11 Municipal Audit Committee 2.11.005_ Purpose. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16 and have been amended by Resolution several times. The City Council desires to codify herein the establishment of the Municipal Audit Committee. 2.11.010. Municipal Audit Committee Established. The Municipal Audit Committee is established and shall consist of five (5) voting members. Notwithstanding any other provision of the Ashland Municipal Code, four voting members shall be appointed by the city council and shall consist of the Mayor or a Councilor, one Budget Committee member, and two citizens at large. The fifth voting member shall be the City Recorder. 2.11.015. Modified Terms and Qualifications A. Terms. Notwithstanding any other provision of the Ashland Municipal Code, the terms of the Mayor or Councilor, Recorder and Budget Committee member shall be for one-year each expiring on April 30 of each year. All other terms shall be as provided in AMC 2.10.020. B. Qualifications. In making the citizen at large appointments, the council shall give preference to persons with accounting or auditing experience, background or expertise. 2.11.020. Duties and Responsibilities. The Municipal Audit Committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. Page 6 of 49 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, and 3. Response to management letter submitted by city staff. D. To effectuate the duties and responsibilities of the Committee, the Committee may require the presence of any city official at its meetings. SECTION 3. A new Chapter AMC 2.15 [Forest Lands Commission] is hereby to the Ashland Municipal Code added to read as follows: 2.15 Forest Lands Commission 2.15.005 Purpose. The Forest Lands Commission has as its primary purpose the protection and enhancement of conditions of late- successional and old-growth forest ecosystems on city-owned forest lands to provide high quality water for domestic supply. The role and responsibilities of the Forest Lands Commission were first established in February 1993 pursuant to Resolution 93-06 and have been amended by Resolution several times. The city council desires to codify herein the establishment of the Forest Lands Commission. 2.15.010 Established - Membership. The Forest Lands Commission is established and shall consist of seven (7) voting members including a representative of the Ashland Parks Commission. The Commission may also consist of certain non-voting ex-officio members, including a representative of the USDA Forest Service Ashland Ranger District, a representative of the Oregon Department of Forestry, a member of the City Council, a representative from the Tree Commission, the Director of Public Works, Director of Planning, Fire Chief, Police Chief, Parks and Recreation Director or their designees. 2.15.015 Powers and Duties - Generally. The powers, duties and responsibilities of the Forest Lands Commission shall be as follows: A. To implement the Ashland Forest Plan developed and adopted by the City of Ashland in June. 1992. B. To provide integrated, interdisciplinary direction and oversight for the development of forest ecosystem management plans and related activities in the Ashland watershed. Page 7 of 49 C. To develop a strong community volunteer program to assist in the implementation of the Ashland Forest Plan. D. To submit recommendations to the City Council regarding forest management. E. To ensure that plans integrate the forest management needs and concerns of the City and of private land owners in the wildland urban interface. F. To promote public knowledge and acceptance of the Ashland Forest Plan programs. SECTION 4. A new Chapter 2.19, [Housing Commissionl, is hereby established to read as follows: 2.19. HOUSING COMMISSION 2.19.005 Purpose and Mission The mission of the Ashland Housing Commission is to encourage housing that is available and affordable to a wider range of city residents, to enhance cooperation between the public and private sectors, to encourage financial entities to support housing programs in the city, to coordinate housing and supportive services programs and to educate the citizenry and promote public knowledge and understanding of the benefits of affordable housing. 2.19.010 Established-Membership The Housing Commission is established and shall consist of nine (9) voting members and one (1) non- voting ex-officio member who shall be the City Housing Program Specialist. 2.18.015 Powers and Duties-Generally The powers and duties of the commission shall be as follows: A. To develop and recommend coordinated housing and supportive services programs: B. To recommend housing and supportive services priorities for the city; C. To review and make recommendations to the City Council on Community Development Block Grant (CDBG) and related allocations; Page 8 of 49 D. To review and make recommendations to the City Council on the Housing Trust Fund and related allocations; E. To investigate federal, state, county and private funding for implementation of city housing programs; F. To act in an advisory capacity and to provide advice and guidance to the City Council and other commissions on housing related matters; G. To oversee the dissemination of accurate information on the city's housing supply and affordability: H. To monitor projects funded with the Community Development Block Grant (CDBG) and the Housing Trust Fund; 1. To foster public knowledge and support of official city housing programs SECTION 5. Chapter 2.12, [Planning Commission], is hereby amended to read as follows: 2.12 City Planning Commission 2.12.010 Established Membership Created There is established Mated a City Planning Commission consisting of nine (9) members, to be appointed by the Mayor and confirmed by the City Council, to serve without compensation, not more than one (1) of whom may reside within three (3) miles outside the City limits. Appointments shall conform to the legal constraints of ORS 227.030. The MaYOF shall be an ex offiGio, non voting Fnember of the City Planning Commission-. 12 020 (Repeated) 2.123nTerms of ^e-VaGa*. S Sur.r.esSOFS to the original meFnhprq nf thp City Planning CoMFnission shall All appointed Commissioners shall be expeGted to attend regWaf4y sGhedu'ed Planning Commission meetings, st-dy sessions, and HeaFiRgS 13oaFd meetings, when appliGable. Any Commissioner having two (2) u neXGused absenwes in a v (6) Fn Rth p od shall be r idered : ant:.. Page 9 of 49 two thiFds (213) of all sGheduled meetings shall he r-onsideFed and the, n sitien y nt nttend°nee shall he re-viewed by the Gem during the r ularly Swheduled meetings of lenuar- a and 1..1..f with e nesessaFy. 7 12 040 Cle.e.tions of O ffie.ers _ A... ual De pe d The Commission at its first meeting, et fe'th in the Dlenn in bylaws, Commission all of whom s shall hold effiGe at the pleasure of the Commission. The SeGFetary shall keep an aGGUFate FeGOFd of all and the City Plan i _ s Cammicc:nn shall on the F'ct day of Aetehe.F of earl' • . make and file a Fepert of all its transaGtiOnS with the City Coun 2.12.050 QUGFUm Rules and Regulations Five (5) FnembeFS of the City Planning Commission Genstitute a qUGFUM. The Commission m make and after r-sies and regulations fo government and prOGedUFe, Gonsistent with the laws of the state and shall FnP-et 2-1 'Past a every thirty (30) days The . ndet:en t the Got CounGil of any amendment to the Land Use OFdinanre or Comprehensive Plan shall be by the affiFmative vete of not less than a FnajOFity of the tetal members of the GOMMISSiOR. 2.12.060 Powers and Duties - Generally A. The Planning Commission is the appointed citizen body with the primary responsibility of providing recommendations to the Mayor and City Council regarding the overall direction of land use planning. The Commission reviews and makes recommendations regarding comprehensive land use planning and fosters mutual communication on land use issues. The Commission is responsible to the City Council for making recommendations on land use plans and policies that are coordinated with other City plans, policies, and functions. B. The Planning Commission shall have the powers and duties to: 1. Periodically review the Comprehensive Plan and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. Work in conjunction with other City citizen advisory commissions, Page 10 of 49 boards, and committees to ensure coordination of various elements of the Comprehensive Plan. 2. Render quasi-judicial decisions on land use applications and appeals of administrative land use decisions as prescribed by the Ashland Code and Oregon state law. 3. Conduct public hearings and make recommendations to the City Council on planning issues and legislative changes to land use regulations and ordinances. 4. When needed to implement City goals and policies, meet with other planning bodies in the region on issues that affect City land use planning. Make recommendations to the City Council on regional land use issues in general. 5. Foster public awareness and involvement in all aspects of land use planning in the community. C. Except as otherwise set forth by the City Council, the Planning Commission may exercise any or all of the powers and duties enumerated in ORS 227.090 et. seq., as well as such additional powers and duties as are set forth herein. 12 070 (Re.pea4..d) 2.12 .080 Fun ding Gifts and Bequests The City Gounril Fnay annually budget SUGh sums, and authGFiZe the po wers and duties delegated to the City Planning mission and is gifts,bequests r devises Of n.renw rty to my out any of the purposes a this ..hapte.which shall be placed in a ne ''1 fund i the f said Commission SECTION 6. Chapter 2.13, rrransportation Commissionl, is hereby amended to read as follows: 2.13 Transportation Commission 2.13.010 Purpose and Mission. Established GeneFall A. Role. The Transportation Commission advises the City Council on transportation related issues specifically as they relate to safety, planning, funding and advocacy for bicycles, transit, parking, pedestrian and all other modes of transportation. Page I I of 49 B. Mission. The need for a Transportation Commission is emphasized in the Transportation Element: "Ashland has a vision - to retain our small-town character even while we grow. To achieve this vision, we must proactively plan for a transportation system that is integrated into the community and enhances Ashland's livability, character and natural environment. ...The focus must be on people being able to move easily through the city in all modes of travel. Modal equity then is more than just a phase. It is a planning concept that does not necessarily imply equal financial commitment or equal percentage use of each mode, but rather ensures that we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move toward a less auto-dependent community." Will Feview and make Feeommonrintecin-g nn the following tOpiGS aS It relates to all mnelpq nf Tr safety PFGgrams~, x Planning; Will Feview and serve as the pFiFnary body to devello x plans. Will MWIWAO and make Fesommeendations in Type 111 Planning 3. Funding! will -make- ren-e-m-m-endations to the r tFanspertation Rention of the Capital Improvements e transportation 'a- Make Med-al equity a Feality. x eveuee FAmental Pnift" -q * Selert one or More rnernbeF liaisons to attend and pakiGipate the Rogue Valley-. issues. x Examine multi mo dal tr-anspe Rattle n Page 12 of 49 -0 PoiNers and Duties Sper:Arally. TThe T'a Mspertatmen Commission Pub!*G Works DireGtGF fGF final approval and implementation of 2.13.020 Established-Membership A. Voting Members. The Transportation Commission is established and shall consist of nine (9) voting members as designated by the Mayor and confirmed by the council. Voting members will all be members of the community at large and will represent a balance of interest in all modes of transportation. The Chaffir will he elected :among its members annually. A glair will . Ice he elected ..its m mhprp to qpnfp e tha nha:d ° ahg..nnp and ...he wmll A-grand amen to the rha:r an April 30 following the ahaiF' s t^• ration B. Non-voting Ex Officio Membership. The Director of Public Works or designee shall serve as the primary staff liaison and as Secretary of the Commission. Including the staff liaison, there will be eleven (11) total non-voting ex officio members who will participate as needed and will include one member of the Council as appointed by the Mayor, Community Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools, Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation, Jackson County Roads. In add:t:e^ to the eleven ^ - yeti^^ e offiGio members, a student member may be appointed and would senfe as an additional ^ .et:^ ex offirin member 2.13.030. Powers and Duties, Generally. The Transportation Commission will review and make recommendations on the following topics as it relates to all modes of Transportation: 1. Safety: will develop, coordinate and promote transportation safety programs: 2. Planning: * Will review and serve as the primary body to develop recommendations to the City's long range transportation plans. * Will review and make recommendations in Tvpe III Planning Actions during the pre-application process. 3. Funding: will make recommendations to the City's transportation section of the Capital Improvements Program: 4. Advocacy: will advocate and promote all modes of transportation to make modal equity a reality. Page 13 of 49 * Facilitate coordination of transportation issues with other governmental entities. * Select one or more member liaisons to attend and participate in meetings with other transportation related committees in the Roque Valley. * Examine multi-modal transportation issues. D. Powers and Duties, Specifically. The Transportation Commission will review and forward all traffic implementation regulations to the Public Works Director for final approval and implementation of official traffic safety and functional activities. A Term The toFM for earl' •eetin mbe" shall be three years, evpiring en -April 4fl R Initial TPFm Transition Three of the nine members shall hn • appointed to initial terms n n April 30, r 2010; three of the nine shall be appointed to initial teFms expiFing ApFil r 2011 r and thFee shall he appointed to initial terms o g April 40r 2012 Follewine these initial terms, all members shall Cepee fQF 4 year terms a ng r APFII 30. C. VaGanry. Any vaGanGy shall be filled by appointment of the Mayo from four or MGFe meetings on a 12 month peried shall be Gonsider-ed no 1engeF aGtive and the position will be deemed vaGant. 2.13.040 QUGFUM, Rules and Regulations One mnre than -half of the sitting vating membeFS of the Go n-h Gonstotute a que-rum. The Cn-Mmossmon shall meet monthly and at least ten times p calendar year The Commis May FeGOMmend or make rides pd ulations for its o nt and p ced„rer c intent with the laws 2.13.050 Traffic Sub-Committee A. Purpose. The purpose of the Traffic Sub-Committee is to enable the Transportation Commission to focus on broad transportation concerns by reducing the number of routine and general non-routine traffic items that come before the full Commission and to insure the Transportation Page 14 of 49 Commission will have sufficient time to devote their full attention to the overall transportation matters at issue. B. Membership. The Traffic Sub-Committee is established and consists of three regular members of the Transportation Commission who shall sit concurrently on the full Commission. Sub-committee members shall be appointed by the Transportation Commission Chair on a rotating basis until all members have served. Terms are for six month intervals and members may only sit for two consecutive terms at any one time. The Public Works Director shall determine what matters warrant Sub- Committee involvement and meetings shall be convened on an as needed basis. The Public Works Director or designee will serve as staff liaison and recorder for these meetings. C. Duties. The Traffic Sub-Committee shall consider the following matters: 1. Forward recommendations to the Transportation Commission and Public Works Director on routine and general non-routine traffic concerns including but not limited to traffic impacts, speed designations, parking, markings, and signage. 2. Recommend to the Transportation Commission specific comments, concerns or suggestions for the improvements to the City of Ashland's Transportation System Plan or similar Transportation programs, with the emphasis on long range transportation planning and regional transportation plans. 3. Such other general or minor transportation matters as the Transportation Commission deems appropriate for the Traffic Sub- Committee format. 4. The Traffic Sub-Committee or staff liaison may refer any matter before the Traffic Sub-Committee to the Transportation Commission when it becomes apparent the matter involves major policy concerns or potential serious transportation impacts on surrounding areas. E. Minutes. All Traffic Sub-Committee action minutes will be forwarded to the following Transportation Commission meeting. 2.13.060 epoFts shall n and submit c rh ' oFts as fFGM time to tome Fn , L." Community Development DiFeGtGF. Page 15 of 49 2.13.07-0 Compensation SECTION 7. Chapter 2.17, rPublic Arts Commissionl, is hereby amended to read as follows [Note: several deleted sections are moved to a new Chapter 2.29 (Public Art Process) set forth below]: 2.17 Public Arts Commission 2.17.005 Purpose The mission of the Public Arts Commission is to enhance the cultural and aesthetic quality of life in Ashland by actively pursuing the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the city as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The creation of a Public Arts Commission for the City of Ashland will assist those organizations, and other organizations and individuals, to make arts a more important part of the city's life. Recommendations from the Commission regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion. This chapter will create a Public Arts Commission and adopt standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. 17 008 Definitions A. "Asquisitien" means theinOQsion ^s an ar...,..L in the Ashland P,,hl*c: "Ashland " means all public art aGquiFed by the Git by any means. "Capital n e means the advance planning of rapital improvements. Page 16 of 49 E. "City pFejee.'OF "pFgjeGt" means aRy pital : vementpFojest an aFnci--nt c -25000 fGF wholly eF in part by the Gity Gf Ashland tG p ""I 'en' building, der.GFatqve or Gwnmemoratlve GORStFUGt:On, or any ertien t11eree f, within the limits of the cite of Ashland. "City pFojeGt" OF "pFgject" does not innlrrde public Utility im nts r InGluding r , but not !*Fnhted to streets, sidewalks and assoGiated r Ynre+perty aGquisitiGn, eaFth a GFkr e GFk, m alte.rations r rephabilitationf 'minor OF padial r plaGement, remo deling er erdmRaF e F • new city street o utility project (limited to water, sewer and stor'ms' aatpr " n AMC 2.17.010, c istiRg of seven members a nted by mayOF "ed r. G. "Eligible funds" means of funds fOr n eGts Fre.m whinh art is not prerluded as an objeGt of expendutUFe. V "Par-ticipating department" means the department that i abject to this. 1 "Dere.ent for art" means the prOgram established by thus a.iicle to set 1 "Dahl:e aFt" '"vans all forms of original a GFks of a"t :n any media tha has been planned and a uteri with the specified intention of being sited or staged an City PFc)perty or on prepeFty qWnpd or r-nntrnllpd by the Cit of Ashland, usually eutsWe and aGeessible to the publiG. n n n thp- ity budget established by this article into urhieh all moneys donated deposited. Funds within the publiG art acoount shall be utilized for- the purpGses outlined On this aFt*Gle-. c 6. "rRerra l" means he exc1 n of an aFtworL from the Ashland d p:~ bl:'o ,-.~sis ,a . art rollection by the removal and disposal thFOugh any available means, such as relinquishing title through sale gift or destruntion Page 17 of 49 "C " Fneans a of selested ..al by-the est m; Pa.. gro w.s Commission that will evaluate the PFOposals With a paFtiGUIa "TOT Funds" means the P^Ftie~ra,=.s+ent ~yy -,-a.,a~,.- tax -funds A "Geammeareai.al Deye lopment Fee" means funds deposited by-a eea.aa.pearei.al developer intea the. Public- Arta nt OfhpM the de.ee lOpear "Total n 2.17.010 Established Membership. Created The Public Arts Commission for Ashland is established created and shall have the powers and duties provided in this chapter. 4 17 020 MenaheM• Terms The Public Arts Commission shall consist of seven members appointed by the mayor and confirmed by city council. The commission shall contain five members from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture, and two citizens at large. The mayor shall also designate a non voting At least five members of the commission shall reside inside the city limits. The appointees shall have th Feea yeaF termea. The The oF:7 ginal appointees shall hea a a.N~:.ra.twed; f.uov For ca vrrne year, .................v..a... v v. .v.-- two fer two years and three for three years, the"e'akerall term will he fear three years All members m vote on any matter cea.pi.ag hefoFea the commission, pt as the ethir-s L...ec, of the State of Oregon m .vide ARY GOMFnissioneF who is absent from four or Fnere meetings in a one yea period without being eXGused, shall be ronsidered ne lenger aGtive and the pesition and a new GemmissileneF shall be appointed to fill the e YaGaRGY. 4 17.02 1 AFF.eaears At fret meeting the Public Arts Commission shall eleeat a -h a.. and eXGept that the first GhaiFand e vice- chair shall serve until the end eaf the c.alend.ar vea.ar M the First year, year shall preside ever elections For chair and . _eah.air Neither the cha' Page 18 of 49 nnr Wre_rhalr Shall eKire,r for mcbre than two r rrtieoe terrIs 2.17.050 Meetings; The Publue AFtq Commission shall hold an offiGial meeting at least Fnenthl and Fn ay holed c al one.e.tings as set by the remmissien A maiGrity of the any Item Fnust be approved by a simple majWffity of the voting r members n nt eta eating ten sr unless etheFwIQe n oiled 22A 7 060 Rules and Regulatio ns The Public A"ts Co mmmssion shall establish s rh °.Je1s and regulations fo its government and prGGedUFes r-ons-istentwith the laws of thp Matp and the nrdi..anres of the sit.. 2.17.070 Powers and Duties The Public Arts Commission shall be specifically responsible for, but not limited to, the following: A. The commission shall ensure the arts continue to be of value as an integral part of Ashland. B. The commission shall promote the arts in Ashland to enrich the lives of its citizens through education and demonstration. C. The commission may assist the city council, the Ashland Parks and Recreation Commission, historic commission and the planning commission in using public art to enhance existing development in public parks and other public lands and in public structures. D. The commission shall advise the planning commission, the Ashland Parks and Recreation Commission, other city commissions and committees and city departments regarding artistic components of all municipal government projects under consideration by the city. The commission may also serve as a resource for artistic components of land use developments. E. The commission shall develop and recommend to the city council policies and programs that would enhance and encourage the planning, placement and maintenance of public displays of art in locations open to the public within the community. Page 19 of 49 F. The commission shall encourage connections with other local, regional and national organizations working for the benefit of art and preservation of artistic values, and other similar activities. G. The commission shall recognize and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the city. H. The commission shall pursue gifts and grants for support of arts programs and activities and the procurement of public art. 2.17 .080 rGmpensatien Voting m mbe'° of the Gommiss-ion shall rer--effive no sation fa Of PFOpeFty on behalf of the Git. "f the PUFPGSeS of this Ghantar These eha 11 he nleeed i el a nt for - of the 60Ifi~11SS1AFF. 2'7 ^n^ Pel•^•es A The Publie A'{° mission shall operate in the general publi.. inteFest ceF.ing the eemmunit.. as a ..hole It ghall qpFve no al interests or enternrise A Gpnoral The D„hliG Art !`emmissien ..ill call f4ar entries by issuffing The Gall fQF entries will iRGlude speGifiG guidelines and GFiteFia f4DF the spesifie n eet Every wall fer entFy must Gomnly with the City' s from- a. the Gity usiRq pity funds OF donated in aGGGFdanGe with e gift, denation, 2. Removal. Removal ef publiG art may be by Fequest OF GWORg~ to some damage OF destruGtien of the arhyerk Page 20 of 49 epa from the P.d.l:n AA R Spipat:nn O°nel A se.L...tii.n panel, s F C o.n..,issi.,n r Stine of ""t professionals and enthuskists, adminat.rotnrs ...:11 ho .rhos..n to r .nluate the r. els rere0..ed nr..ie.r► by the Commission °pe" the inllnv.:nn ....tifir..tions have aevicerni-'.mi rte dvc 1., An a d : nlarnd In a newspaper of general r .J..tinn in the 7 POStrerds are sent out to all n e"ty owners l..rnted ...:thin 300 feet of the proposed and site, city's 3. A RGtiGe IS plaGed on the annlirations- r rod from O..teFested parties Q Evaluation of AGqUiSitiGR PrepGsals whiGh meet the min: m..m Proposals. .ee..:rements set forth On the rail for entries will begiven to . e..rl. .rted based UPOR r:t...ia set forth On the rail Fe' entries of r n..blir meeting. The Celertinn O"nel will a aluate then ..Is and ren..:.ed for the ..se n- str..rt..re. -D De...n....l and Disposal Drorerr Cvrent as n v:ded in, AAAC --und to Ashland Public- Art Collen-tiGn-. to aGGept all suGh gifts of art work cin behalf of the Gity and the As Wand Cammunsunn hased on Its own evaluation, OF by FeGOMmendation of thee Commffission afteF the SeleGtion Panel has evaluated the aFtWGFk using the guidelines On AMC 7 47 130 and the total rest n..er the life of the .+rh..orL Page 21 of 49 All art woks oF funds shall be administered by the Gity in aGGeFdanGe with ;irrn--nt tn hp -used exGlusmvely feF the puFpose-s of the Commission or as designated by the de.ne.r. Funds in this aeet m he be e. nxre.n.v~..r .eJ ........e ....vev...~~n. ..a...~ v...n~ expended ..He v vrac.r they have been pFGpeFly budgeted or approved by the Gityw 2.17.990 D..hlir Art on Ori....te I7re.ne.rt\I determine whether the site is nriate. fGF n..hlis art . nder the Site SeleGtien GFiterma on ARAC- 2-17.130. if the ske ms found to be appropriate fo ier n.d.lie, e.rt is Initiated. Them shall Lee written agreement or le gal anStFlement ere.nti..e the City permission and s ntFGI of then erty se tt.e.t purposes, A. Ae.e..isition in An"r -2.17.100, e 12 !lifts and den.+/ien n AMC 2 97 lln 2.17.130 Guffidelffines fGF mrernmendatien by the Commission A..e.lit.e The arh.ee.rk sh....ld he of e.ee.enli..nel quality and endUF*Rg value, 2. Smte. The aFtwork should enhannp the existing GhaFaGteF Of the site by taking into a ..t s ..le, a le.r material, tevl..re. . 3. History and Context. The aFtWGFk should Gonsider the hlste.risal nhie.+l and w..lt..r..l_fe.N.ve, of the site, as well as the re.latie shin to the existing arrhmteGture and landar.aping of the 4. inutial Cost. The total Gest of the inGluding all items f related to Its installation, should be GOnSidered. 5. MamntenanGe and Durability. The durability and rest to quantified, mamntawn the a"GFk should be GonsideFed and paFt*GU!aF'y if the work is f repainting, Page 22 of 49 hp evvronciderrce.d w-ravcv , c..hieet to any reguirementc set forth by city ordinance A D..hlie 1 iah0lity. The arbuor cho-,Id not r .dt On safety • ers er..ieec of arliaeent OF nearby businesses. 11. ComplianGe. Artworks shall not violate any federal, state, R f=..Ode lines fe.r Site Ce le.e.tie n 1 Ownership or Control o..hl:n art shoaled be pl..ee.d en a site owned OF GGAtFoOlled by the Gity, or there should he a written agreement or legal : ctr..mente g ptipg the City permission to purposes, use the PFOPeFty for public art vnstallatie.n m nten and- ramoval 7 Visual Aeeeee:bilit.e D..blie...rt should be easily visible and ar.Gessible to the publiG. eyerall n..blie a nt and pedestrian stre.e.tce..pe A Pedestrian Accessibility. D^LJin art gho.Jd e e high levels of pedestrian traK:o and be part of the eihe'e a .J..t:on paths. windows, e e1eepvhe1med or eempet:n with the ale of the site adiaeent f large signage, f > etG. 2.17.140 Standards fGF the Ashland- Art GolleGtmon Page 23 of 49 A. Aoquffisitions. The fallm.A.Fing minimum standards and GF;tprm:a shall apply to the aGquusut*on of aFtworks. r gift or any other m 9 Ag^isi►ien , whether by direGt n FGhasa , s aaissien r giftr or otherwise, shall eGGuF by a legal instrument of GonveyanGe gr etheF WFiti"g tr.ansfearring title of the ;art...eark to the City and Z The ei►y shall obtain the Fights of ownears lain and possession ffithout legal e- Pth*ral restrictions on the MUM use of the eaenreassly p Bided in the s ..tract with the erti t The artists t feavF h shell re:.e..n all Fights and ffinte.:aease:g the : the , .e..rhmaerk ...va.Na FightS of owneFShmp and possession. 4. The City shall only aGqUiFe artworks if: 1) the artist warrants otheFS to do so, without written peRnission by the City, and 2) the artist gives permission to the City to make a t..n dimensional repFoduGtiens as long as all surh FepF!edUGt*ons ide the GGpYFight symbol, name of the aFtist, title of the Art Callertoon. R. RpFn I m Fnend removal andior disposal beea.au a the cite is no lon.yg sible~ t aa, ea the n..blieo ea a.a.a...a...... a,.aa..a...., a, ~....eaea.ae~.a,. the Pa.~.. y~ the physiGal site is to be destroyed OF SilgRifiGant4y dlt@FEd bm The aFtwork ffis found to be forged OF GOUnte r The .artwork posse iw.al demgnStr.ated a.. a..ae.., ra,....a.....a.a, aaw~awy ubct.anty~a`...o., ~.Qa`a. faults of design OF WGFkmanship-. Page 24 of 49 d TMe art...orl. auses ahle n The artwork is damaged ie rably OF 60 severe! that repaiF is blis f The .rrhu. Fk presents a nhvsieal threat to nu safety. gm The aFtWGFk is rarely displayed-. M A . ritten request for remeval has been r rerl fr..rr. the aFt'st 2. CounGil Removal PForess. a. On *ts own motion, OF following FeGelpt of a diSGFetion. integrity, b. AGGeptanre OF plaGement of donated aFt by the Gity does not guarantee Gontinueus public display of the artwork Fegardless of phys-lGal > authentir.ity, title to the ad..r..rL• thus eliminating the wily obligation to maintain and PFP-q-pn.fp the arb.A.f d hinbAdthstandingthe above, ArbArerk shall he disposed and d'sn..sal set foth in the s ntraGt ...'th the Art' t aDiv vi~~__. r... 3. Removal and Disposal. a The ..it.. r° y do ate the ..rt...oFk t.... other b A • oFk that is deemed to have retained s..ffisient sale, monetary value to warraRt Fesale, shall be dispoqspe~d of allGtffi0n, or any other Fneans as established by Gity ordinanGew Page 25 of 49 G. Artworks r ee.d from the Aehland P..IJie Art y be disposed of through any appmpFlate. means rl..di..n the. rit.er c ed~~wee few the. rr disposition Of SUFPIUS PFOpeFty-. hnFfgyygC 7 With the e..esent*Gn of ownerchinr the eligibilityr Feview Z The he.wwe....:ng of artworks shall hepursuant to written agreement between the e.:ty and the artist A Noth:.. e. hereon n e.hihite_. the rite fwe.n. c ether works °f ar•t n art exhibitions fe.r display I side Its far:l:tie.e. B. With*n the iffiFnitatmen of the Gity budget the Gity shall provide FegUlaF Gustedial -are and r fGF the pFeservation of the work. C. Any evide-nG8 of damage, deteAeFatmen, vandalism OF theft o arhArnrks 'n the Ashland Puhimn- Art Collp-r--teon shall be immedmatel reported to the arer.rter..e ri..ate Nt.. Denawtment. City staff shall 4...'-,-p th °.rzc.. ....1.... .e .e..v..--..--a..` Commission and CounGil Informed of damage to City PFGpefty. 2.47 160 Parkq Thp qtandardq nd preGedures in this aFtlGle are in addition to, not on derogation the Ashland paFks Gemmission review responsibilities fe r prejeGts proposed On city PaFks. Nothing heFein exempts publiG art pFojeGts federal, state, and IoGal laws r but not limited land development Fegulations and building r. to, GOMpl; Page 26 of 49 2.17.17-0 Deyelopm nt of guidelines Thn laopa...iss*on stall have the ability to establish further guideline nrefinancp I.A.F611 be legally binding-. 2.17,180 GFeation, funding and use of Ashland publiG aFt aGGount A Establishment The !`ea..nsil hereby establishes a separ Gity budget. All funds donated, appFOpriated eF generated for the purpose of publiG aFt aGquisitien and eduGatmen shall be deposited in in aGGer-danre with r the C apa...earei..l De.eeleapm nt Ce.e n lie.. established in Chapter 44 as well as the Transient OGGupaney Tax Resnl-_-t*nn a, ithorized in Chapter 4.24, and the Dearse..t fear A"t dedie.ation in this seae.tia.a shall all be deposited into the Ashland PubliG AFt Anrn--nt shall be used solely fG: the a ..ismt:vn laweFnea..t m nte.p and employee who authorizes or apprepFiates expenditures an behalf of ..rain 'tine den.adment for a city p Gt shall to the degree that funds, (0.5%) of the total Gest of the pFojoGt-. per-Gent 1- One half peFrent 0 funds shall be deposited unto the publiG aFt aGGOunt by the city effiGial or employee aGt;Rg OR behalf of the paFtiGipating der.artmecnt no earlier than the, time, that budgeted -fv..v-, aFe 7 The participating denadment shall noonsider the siting of p..t.lic art as part of the design and engineering phase e f tFansfer of the one half peFrent 0 Page 27 of 49 mw ded..nt nh nests (not toe ed one half e.arnaaaat) from the one half peFGent O are t.a RSfaarraad expenditure, the poFfien of the Gity pFojeGt that is funded with the reastrintaari f..ndaa shall be exempt from the dedinafien r nts e tmh•u s aa.4 vrc'vaile i--ir E. Phased Dreierts Asa geneFal r..le...Mere a niw n ent ...ill be 0 GenstruGted in phases the one half perGent (0.5 dediGatinn shall , be applied in the estimated total Gost of eaGh phase of the-Gity nraaieant at the time that funds for the phase a aataad and from the funds of + nartirular phase, as the Co..nnil deems appropriate. in determining when to hold o et amide the funds for a. phased PFGjert, the Gity will GensideF an overall publur. art plan for the nroient to e .re that ea't i net lenated en a al basis with phase GGnStFUGtiGR. subjeGt to aGreptaRGe by-the f counGffilffi afteF authGFizatlen of the City Administrator or the Administrative g..idelinec for administration of the nernent for ejt nregraam funds, here;n based on the availability of publiG as well as any etheF FnatteFs not sperffifiGally addressed herein and appmpriate-Gr nenessana to the ndministration of the n Page 28 of 49 SECTION 8. Chapter 2.18, rConservation Commissionl, is hereby amended to read as follows: 2.18 Conversation Commission 2.18.010 Established-Membership The Conservation Commission is established and shall consist of nine M voting members including one representative of the solid waste franchisee for the city; and one representative from Southern Oregon University; and one representative from the Ashland School District and six (6) other voting members. At least five (5) of the other members shall reside within the city. The commission shall also consist of certain non-voting ex officio members, including the mayor or one council member serving as council liaison, the Department of Community Development Director and the Electric Utility Director, the Director of Public Works, the Building Official and City Administrator. The Electric Utility Director shall serve as the primary staff Liaison and Secretary of the Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council. 2.4 R.020 Tprmq VaGanGies- nn members hall be fG thFee A '1 on f The to of votl teFFns of the initial none mbeFs shall he three members f _ wee fGF tWG ea FS and three fQ th Fe yearc which shall be drawn h lot a the first meeting of ♦hea _ mussie n after the adoption of this resolution. Their c..wwesser° shall be appointed fer ♦hree_ terms. A yeaF peFied shall be GonsideFed no longer aGtive and the position vaGant and new per-son shall be appointed to fill the vaGanGy-. 2.18.030 QueFum-Rules and Meetings Five voting members of the rernmission shall Genstitute a quonim If a pre leant at the m eating and entitl d t ♦ hall h fF t k d 4 business. The GOMMIssion may make rules and Fegulatiens f0F its y.e leeduce s .e .eae.. s wa meetings and n:.e.e.e a. a.. o n tent with rite erdina and this meeting, Fesolution, and shall meet at least enGe every mGnth. At its fiFSt period of one year or until FeplaGed by the ce 2.18.040 Powers and Duties-Generally Page 29 of 49 The powers, duties and responsibilities of the commission shall be to educate and advocate for the wise and efficient use of resources by the City of Ashland and all Ashland citizens. In doing so the commission shall recommend to the council the adoption of policies, implementation strategies and funding related to: A. Recycling, source reduction and solid waste/landfill issues; B. Electric conservation issues; C. Water conservation issues; D. Resource conservation issues; E. New power resource decisions, but not including decisions involving wholesale power contracts; F. Renewable resource decisions; G. Air quality issues; H. Education of citizens about efficiency issues; and 2.18.050 Reports The GOFFIFFNISSIOR shall submit GGPies of its Fninutes to the Gity GGURGil and shall prepare and submit R----r--h reports as from time to time Fnay-be requested by the GOURGII. 2.18.060 Compensation Voting membeFS of the Commission shall FeGeive FIG GOMpensation fa servoGes rendered-. SECTION 9. Chapter 2.21, [Cable Access Commissionl, is hereby amended to read as follows: 21 Cable eweeCg- r,.mmmggmnn 2.21.010 Definitions The following GF ds and phrases whenever used On the Ghapter hall he wenstrued as define'd in this soGtien unless fFG-M- the sentewt a dMerpnt mea ring : mended e "AGeess" OF "pubiiG aGGess" F s that government ancess sha.nnel r.haRRels PFGvided to the City of Ashland by the Cable Comp U CORSUMeF PreteGtion and Competition Art of 1992. 13"Com "issio M" m a'ns the eshla nd Cable GGess Commission rreatad by and with authority as delineated by this erd:nanGe Page 30 of 49 C. "DVT\P" means Rogue. Vail Community Television a ad.niniste.re.d b.e the Extended Ca..,nys ore.g....., of Southern Oregon Coate College 2.21.020 re..nmission Established Membership five members appointed by the Mayor and GGRfiFMed by the COURGil. voting meMbeFS! the City of Ashland AdmWSOMOF or designee and a 7.c .~.s 99030 Te.mcr.i~S \/..e.anGie c~r~wvrro.c^y When the first m_emb_e, of the Commission •.re appointed by the. 11 ayor undeF Section two shall be appointed v--c.xpr..,-vv.T 1997, two shall be appointed foF a teFM to expiFe july 1998, and one shall positions shall serve terms of three ,eearS Vavaneies shall be filled e promptly as possible. Any CGMMi6SiGReF who us absent fOF GenseGutmve meetings er fGUF meetings iR a one-year peFiod without being exr.used, shall be GGRSidered no longeF aGt*ve and the position • 2.21 .040 Ane.r....._ Rules and Meetings A qUGFUM shall exist wheneveF a majeFity of the duly appointed Yeting members are nt A majority of a g shall be neGessary f the GondUGtwRg of business at meetings. The Com-m-ission -;hall develop and Gond..e.♦ of its meetings and shall meet at least every othei! month. 2.21.060 Powers and n..ties - General! The Commission shall- A. Review, adopt and FeGOFnmend fbF City Council appFGval appFopFmate m RGlude a dispute resolution PFOGess feF the publir. to resolve disputes On, wheFe a re riato the.. implementation of these guidelines, polirmes and PFOGedUFes. 13. MORROF, evaiuate and make FeGOMmendatmens to the City CounGil regarding the effectiveness of agreements between the and C tb Oregon State College OF etheFS mRVG'VmRg public aGGeSS pro r Page 31 of 49 equipment and fan-ilitiess. Q The Commission shall have the fu Fther responsibility to assess .•he.th•.r net to develop long Fanoe. planss strategies• and r ndatie ns fe.r lmpre.ye.d r pity a it dppm-q necessary. D. The Commission shall have the authoFity to seaFGh GUt gFant funds and development, and to seek additional paFtisipa nts 7 21 070 Appeals final. PFGVIded the petition is filed within 60 days ef the any person e aggrieved by a `lf1sis:en of the Commission may petition the Ashland Cot.• the petition. if the Ge-Unr-A hears the it shall have the a petition, . affirm medify err e the deGis:on of the Commission 7 21 080 Deports The COMMOSSOnR shall submit opies of its minutes to the City CGunGiI and shall submits sh reports as from time to time may her sled by the Mayor and Gity G n- uns -1. 2.21.090 Compensation se.r.•is ndere d The /-emmas:ep m rese:ye o nts o:Ns bequests e e e devises Of PFOpeFty tO GaFFY GI es of this Chapter which SECTION 10. Chapter 2.24, [Historic Commissionl, is hereby amended to read as follows: 2.24 Historic Commission 2.24.010 Established - Membership There is established a Historic Commission which will consist of nine (9) voting members, and certain non-voting ex officio members including the Chairperson of the Planning Commission, a representative from the Ashland City Council, and a representative of the Ashland Building Division. Page 32 of 49 7 24 020 Term _ Ve.ranr:eys Themembers shall be a nteyd by they Mayor, with f' at' b the terms. City CounGil, for three (3) yeaF Initia.ally. hree r41 ..ll be. appointed o toYn's o t a m ..e......,.Fnbors shall .t a .....~..e.pr.-r.a9 -vr. Dere Fnbeyr 31y 1975, o De b R~f •197Rf and vv...vv. v t .....eyehree 1v /Z\ ~ y fn vr taye three. !31 feeF terms expiring Deere..mbeyer 37 1977 (Ord 2423A wha d nvn:reytie.n dates to An .r.rli 30th of the next yyey.. beginning f.,o,- ♦ ~e.r ~........e....e 30th of the a.e...,~ - ending in T°°v) :r s-.-.s-a-ey-s-s__ shall be appointed .eye 1°/ ~.e..to threyey /4\ y . t ey.rs _ be ....e. year PeFied without being eXGused, shall be Gonsidered no longer aGtive and the position e e Ord. e 7 24 030 Quorum _ Rulers and Regulation Five (5) vating members of the Commission shall Gonstitute a quorum. At its first Fneyeyt:no of they tb Commission hall ...1... yet y. V' •ee ie~ )~a . shall e Chair, rev Chair and Ser.FetaFy, who shall he Id offic-m- at the pleasure of the Comm-seen The Co mission Fn y akey r..ley and lat' f 'F government and Gensistent with the laws of the State and Got s GhaFteM and _r_inan_e_s and shall Fneet at least nth the f' t Weds sda7 and at 7.30.P.M. in the Ashland Community C t f A hla dt OFegen. 2.24.040 Powers and Duties - Generally The powers, duties, and responsibilities of the Historic Commission shall be as follows: A. To survey and recommend to the City Council, areas or properties of significant historical value and interest to be designated historical properties; B. To draft and recommend ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties; C. To review literature and sources of funding concerning the protection and improvement of designated historic properties; D. To review and make recommendations concerning the improvement of designated historic properties in connection with the issuance of building permits, Page 33 of 49 zone changes, conditional use permits, variances, sign permits, and site reviews; E. To review and recommend project applications for funding; F. To promote public support in the preservation of Ashland's historic past; G. Advise citizens on aesthetic standards for historic areas. 24 050 oe^eFts The Commission shall submit Gepies of its Fninutes to the City COURGil and time to time Fnay be Fequested of them by the MaYOF and City Ceunril and the planning Commission. 2.24.060 Compensation Voting Fnembe-s of the Commission shall FeGei Minn fa Of PFOpeFty to GaFry out any of the PUFposes of this ChapteF, whiGh shall be plaGedin a speGial fund for use of said Commi 1- SECTION 11. Chapter 2.23, [Ashland Airport Commission], is hereby amended to read as follows: 2.23 Ashland Airport Commission 2.23.010 Established - Membership There is hereby established an Ashland Airport Commission which shall consist of nine (9) voting members, one (1) of whiGh shall be the CounGil per-son appointed by the Mayor as liaison to the Commission, and two one (1) (2) non-voting ex officio members who shall be the Director of Public Works and the Council person appointed by the Mayor as liaison to the Commission- The the City Council: 2.23.015. Qualifications. In making the appointments, the Mayor and Council shall appoint members who have either education, training experience or other expertise in airports, aircraft, aeronautics or engineering. A member shall not be disqualified for purposes of appointment or official action simply by being a member of a class of airport users, including but not limited to pilots, airplane owners or airport lease holders. 2.23.020 Term ` aGansces- Page 34 of 49 The to FFA of eight of the voting m mbeFs shall be for three (3) years shall he for ene-~" ' iGy shall be filled by aplaGintment by the the term. The terms of the initial eight FneFnbeFs shall be two for one (1) year, three fGF UVO (2) r years, and thFee fOF three (3) WhiGh shall be dFawn by lot at the first meeting of the Commission afteF the adoption e this rhapteF Their s..°°'.sQers shall be appointed t.. three !41 year t..r...s Any CommissioneF WhO is absent ftem fOUF (4) or more meetings in an one GalendaF yeaF, without being shall be rensidered no longe r aGt'-Ye and the position and a new Com-miss-in-ner be appointed r to fill the YaGanGy-. 23 pan Quorum _ Rules and Ofieetings Five /51 voting m mb'ars of the Commission shall s stitute a querum. The Commission may make FUIes and r-egulations fGF its geveMment and r.Gnsistent with the W ' A ' Fs nf the State and City CharteF and shall Fneet at least enGe every thirty (30) r days. 2.23.040 Powers and Duties - Generally The powers and duties of the Ashland Airport Commission~shall be as follows: A. To advise the Mayor and City Council on all matters relating to the management, operation, and further development of the Ashland Airport. B. To investigate Federal, State, County, and private funding for airport improvements in relation thereto the requirement of City participation in financing. C. To review and recommend project applications for funding to the City Council. 2.23.050 Reports shall prepaFe and s„IMmit 151-sh reports as free time to time may-be requested by the MaYGF and City CounGil. 2.23.060 Compensation Voting members of the Go-m-mission shall reGeive no rompensation f49 seryieeS rendered. The Gemmiss top maI r gifts, bequests e re devises Of PFOPeFty tO Garry out any of the PUFPoses of this ChapteF, whiGh shall be s gated from other funds ier use by said Commission with the approval of the City CeunGil. Page 35 of 49 SECTION 12. Chapter 2.25, [Tree Commissionl, is hereby amended to read as follows: 2.25 Tree Commission 2.25.005 Purpose - The Tree Commission shall provide advice and guidance to commissions, the Council and city departments on all tree-related matters and to involve citizens in protecting Ashland's urban forest. 2.25.010 Established - Membership The Tree Commission is hereby established to provide adviGe and guidanGe4e and ta_;n;Fn__h.Fe citizens in proteGting Ashland's uFban forest. The Commmssmen members appointed by the MaYOF and- r--onfir-m-ed by the Cit Council pursuant to AMC Ser. no Gase and-shall consist of no there be less than five members nor more than seven voting members. There shall also be and three non-voting ex officio members consisting of a member of the City Council, a representative of the Community Development Department and a representative of the Parks and Recreation Department. The voting FnembeFS shall be appointed by the MaYOF with renfiFFnation by the City Couns+1. shall be filled by appointmeRt of the MaYOF With Genfirmation by the Cot Commmssmener shall be appointed to fill the vaGanGy. 2.25.030 Quorum - Rules and Meetings Notwithstanding any other provision of this code, a Xquorum shall be defined as one-half the number of sitting Commissioners, plus one, but in no if theFe is no case less than three. , ne OffiGial Commission business shall be GonduGted and all matters ad3veFtmsed shall autemat-Gally be make FUles and - ulatiens fe its meetings and n `l.. { { with wi{' 'ainanre`, and shall -neat at least ante e Very Month. At its firs: meeting of earh year the Commission shall e!eGt a r 2.25.040 Powers and Duties - Generally Page 36 of 49 The powers, duties and responsibilities of the Tree Commission shall be as follows: 1. To act in an advisory capacity to the Planning Commission, City Council and Planning Department Staff Advisor in the administration of the land- use planning process, with respect to tree science and requirements, landscape design and principles, locally suitable botanic species and protection of natural resources. Failure to make a recommendation on any individual planning action shall not invalidate the action. 2. To develop and recommend to the City Council for its adoption ordinances and policies for the planting, care and protection of trees throughout the City and to make amendments as required to AMC 18.61. 3. To act in an advisory capacity to the City Administrator and to all City departments regarding tree protection, maintenance, removal or any related issues in the City and on all City properties. 4. To develop and recommend to the Planning Commission and the City Council for their review and adoption a city-wide tree monitoring and maintenance plan for long-term tree care, including irrigation, pruning and other annual activities. Copies of the plan shall be kept in the Office of the City Recorder and the Community Development Department for public review. 5. To develop and recommend to the City Council for its adoption a master list of street trees suitable for planting along city streets, a copy of which shall be kept on file by the Office of the City Recorder and the Community Development Department as well as made available on the internet. The list shall be updated and reviewed as required. 6. To educate the citizenry and to promote public knowledge and understanding of the benefits of appropriate tree planting and care. 7. To facilitate an inventory of existing trees, including historical or significant trees; to identify publicly owned properties in need of sustainable tree-planting or landscaping; and to submit recommendations regarding such enhancement of public lands and rights-of-way and to present reports of such inventories, at the request or direction of Council. 2.25 .050 oepaFts The Commission shall submit Copies of its minutes to the Gity CounGil and shall pFepare and submit suGh reports as fFGFn time to time may-II)e Fequested of them by the City Gouncsil or the Planning Commission Page 37 of 49 2.25.060 Donatkms SubjeGt to the formal ar.GeptaRGe by the City CounrAl, the Commission Fna Fer.e.:ve gifts, bequests or .ether de of property in name of the Cit. to raFry out any of the PUFposes of this ChapteF, whiGh shall be plaGed On a speGial aGGeunt fGF use at the discretion of the Commission. Penalty 0 mitigation fees as deSGFIbed in 18.61.030, G and allthGF*zed by City CounGil SECTION 13. Savings Clause and Continuation of existing appointments. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal, civil, or administrative enforcement actions or other applications or actions were commenced shall remain valid and in full force and effect for purposes of all cases, applications or action filed or commenced during the times said ordinances resolutions or Code provisions were operative. This section simply clarifies the existing situation that nothing in this ordinance affects the validity of prosecutions, applications or actions commenced and continued under laws in effect at the time the matters were originally filed. Further, Notwithstanding any other provision of this Ordinance, currently seated Advisory commission, committee and board members, (voting and non-voting), as well as Liaisons, appointed under authority of prior Code, Ordinance or Resolutions or shall remain seated and shall be considered appointed for purposes of this ordinance in accordance with original term expirations as they currently exist. Members who have abandoned their position due to unexcused absences in accordance with prior ordinance or resolutions provisions shall not be excused or saved by this Section. SECTION 14. Repeal. Resolution No. 1995-25 is hereby repealed. SECTION 15. Repeal. Resolution No.1996-18 is hereby repealed. SECTION 16. Repeal. Resolution No. 2003-07 is hereby repealed. SECTION 17. Repeal. Resolution No. 2007-15 is hereby repealed. SECTION 18 A new AMC Chapter 2.29, [Public Art], is hereby added from deleted / moved sections of revised Chapter 2.17 to read as follows: 2.29 Public Art. 2.29.005 Definitions Page 38 of 49 A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by any means including direct purchase, commission or acceptance of a gift. B. "Artwork" means visual works of public art as defined herein. C. "Ashland Public Art Collection" means all public art acquired by the Citv by any means. D. "Capital improvement program (CIP)" means the city's program for advance planning of capital improvements. E. "City project" or "project" means any capital improvement project in an amount over $25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public building, decorative or commemorative public structure, sidewalk, or multi-use pathway construction, park facility construction, or anv portion thereof, within the limits of the city of Ashland. "City project" or "project" does not include public utility improvements, (e.g. electric, water, sewer, or stormwater), LID improvements, including but not limited to streets, sidewalks and associated improvements, property acquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the Council or responsible contracting officer may include any new city street or utility project (limited to water, sewer and storm water projects) in an amount over $25,000 as a city proiect under this article, by either vote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. "Eligible funds" means a source of funds for proiects from which art is not precluded as an object of expenditure. H. "Participating department" means the department that is subject to this article by its sponsorship of a'city project. 1. "Percent for art" means the program established by this article to set aside a percentage of the total cost of city proiects for public art. J. "Public art" means all forms of original works of art in anv media that has been planned and executed with the specified intention of being sited or staged on City Property or on property owned or controlled by the Citv of Ashland, usually outside and accessible to the public. Page 39 of 49 K. "Public art account" means the city of Ashland public art account in the city budget established by this article into which all moneys donated, appropriated or derived pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the removal and disposal through any available means, such as relinquishing title through sale, gift or destruction. M. "Selection Panel" means a group of individuals selected by the Commission that will evaluate the proposals associated with a particular project in a public meeting. N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art. 0. "Commercial Development Fee" means funds deposited by a commercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval. P. "Total cost" means the entire amount of the city' s financial contribution toward construction and maintenance of a project. 2.29.100 Process for acquiring public art A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City's public contracting rules. 1. Acquisition. Acquisition of public art will generally result from: a. The commissioning or purchasing of a work of public art by the city using city funds or donated funds, in accordance with public contracting laws and AMC Chapter 2.50: or b. An offer made to the city to accept a work of public art as a gift, donation, or loan. 2. Removal. Removal of public art may be by request or owing to some damage or destruction of the artwork. Page 40 of 49 I B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission after the following notifications have been made: 1. An ad is placed in a newspaper of general circulation in the city, 2. Postcards are sent out to all property owners located within 300 feet of the proposed site, and 3. A notice is placed on the city's website. The Commission shall pick the Selection Panel by examining applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B), neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public Art Collection. 2.29.110 Review process for gifts or donations The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the total cost over the life of the artwork. Page 41 of 49 All art works or funds shall be administered by the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusively for the purposes of the Commission or as designated by the donor. Funds in this account may only be expended after they have been properly budgeted or approved by the city. 2.29.120 Public Art on Private Propert y Before public art can be placed on private property the Commission shall determine whether the site is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to be appropriate for public art, the City shall secure authorization to use and access the private property where the public art will be located before the acquisition process for public art is initiated. There shall be a written agreement or legal instrument, granting the City permission and control of the property so that the property can be used for public art purposes, including access for installation, maintenance and removal of the artwork. Public art can then be acquired for placement on private property by following the process for: A. Acquisition in AMC 2.29.100, or B. Gifts and donations in AMC 2.29.110. 2.29.130 Guidelines for recommendation by the Commission A. Selection Guidelines for Works of Public Art. 1. Quality. The artwork should be of exceptional quality and enduring value. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. Page 42 of 49 6. Permanence. Both temporary and permanent art works shall be considered. 7. Media. All forms of visual media shall be considered, subject to any requirements set forth by city ordinance. 8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the city. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural diversity. 10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal, state, or local laws, including specifically AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access for installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. 3. Visual Enhancement. Public art should visually enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be part of the city's circulation paths. 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, large signage, billboards, etc. 2.29.140 Standards for the Ashland Public Art Collection Page 43 of 49 A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks. 1. Artworks may be acquired by direct purchase, commission, gift or any other means. 2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. 3. The city shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly provided in the contract with the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession. 4. The City shall only acquire artworks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, without written permission by the City, and 2) the artist gives permission to the City to make a two- dimensional reproductions as long as all such reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date of completion. 5. Complete records, including contracts with artists, shall be created and maintained for all artworks in the Ashland Public Art Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required for a removal recommendation. a. The site for an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The artwork is found to be forged or counterfeit. c. The artwork possesses substantial demonstrated faults of design or workmanship. Page 44 of 49 d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaged irreparably, or so severely that repair is impractical. f. The artwork presents a physical threat to public safety. Q. The artwork is rarely displayed. h. A written request for removal has been received from the artist. 2. Council Removal Process. a. On its own motion, or following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public Art Collection in their sole discretion. b. Acceptance or placement of donated art by the city does not guarantee continuous public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the work from the city of Ashland Public Art Collection by a relinquishment of title to the artwork; thus, eliminating the city' s obligation to maintain and preserve the artwork. d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist. 3. Removal and Disposal. a. The city may donate the artwork to another governmental entity or a nonprofit organization. b. A work that is deemed to have retained sufficient monetary value to warrant resale, shall be disposed of through a public sale, auction, or any other means as established by city ordinance. Page 45 of 49 c. Artworks removed from the Ashland Public Art Collection may be disposed of through any appropriate means, including the city' s procedures for the disposition of surplus property. C. Borrowing of Artworks. 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed works shall be the same as those established in this article for acquisition. 3. The borrowing of artworks shall be pursuant to written agreement between the city and the artist. 4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display inside its facilities. 2.29.150 Maintenance of the Ashland Public Art Collection A. Except where expressly provided in a contract or warranty for public art the city shall be responsible for all maintenance of all artworks in the Ashland Public Art Collection. B. Within the limitation of the city budget the city shall provide necessary and appropriate maintenance of the Ashland Public Art Collection, including, but not limited to, regular custodial care and landscape maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary for the preservation of the work. C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland Public Art Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. 2.29.160 Parks commission The standards and procedures in this article are in addition to, not in derogation of, the Ashland parks commission review responsibilities for projects proposed in city parks. Nothing herein exempts public art projects from compliance with all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. Page 46 of 49 2.29.170 Development of guidelines The Commission shall have the ability to establish further guidelines concerning its operations; however, only the criteria and processes of this ordinance will be legally binding. 2.29.180 Creation, funding and use of Ashland public art account A. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the city budget. All funds donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes, in accordance with this article and other applicable law. Funds generated pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland Public Art Collection and for art education purposes, such as communitv outreach presentations and workshops, in accordance with the provisions of this article and other applicable law. C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participating department for a city proiect shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one-half percent (0.5%) of the total cost of the project. 1. One-half percent (0.5%) of the total cost of a qualifying city project shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the city official or employee acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the city project and no later than final inspection of the completed city project. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city proiect. If costs are incurred by the participating department to comply with this article requirement prior to transfer of the one-half percent (.5%) dedication for the city Page 47 of 49 protect to the public art account, the participating department may deduct such costs (not to exceed one-half percent) from the one-half percent (.5%) dedication at the time such funds are transferred. D. Restricted Funds. If funding for a particular city protect is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the city project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a general rule, where a city project will be constructed in phases, the one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the city project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding to hold or set aside all or part of the entire dedication from the funds of a particular phase, as the Council deems appropriate. In determining when to hold or set aside the funds for a phased project, the city will consider an overall public art plan for the project to ensure that art is not located on a piecemeal basis with phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific education program or work of art, subject to acceptance by the Council. H. Disbursements from the public art account shall be made only after authorization of the City Administrator or the Administrative Services Director (Finance), and shall be made according to this article and other applicable city ordinances, including but not limited to the public contracting code (AMC Chapter 2.50). 1. The Council may adopt by resolution case specific waivers or guidelines for administration of the percent for art program, including case-by-case waivers of the required dedication set forth herein based on the availability of public funds, as well as any other matters not specificaily addressed herein and appropriate or necessary to the administration of the program. Page 48 of 49 SECTION 19. 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 20. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word 'ordinance' may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 14-17, 19 and 20) 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 Christensen, City Recorder SIGNED and APPROVED this day of 12009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 49 of 49 Council Rules - Sections 9-11 Review by Subcommittee on Commissions Submitted by David Chapman - May 28, 2007 From Draft Council Rules to be reviewed by Committee on Commissions (Note: Section 9 and Section 11 reflect changes identified by Rules Committee November 28, 2006. Rules Committee requests Committee on Commissions to review Section 10) Original document sent by Ann Seltzer on 5/1/2007: 5 1 07 Council Rules to be Reviewed Notes: 1. References include Ann's draft, earlier drafts, and Council Rules and Procedures from the cities of Ashland, Springfield, Eugene, Corvallis, Gresham and Newburg. 2. We must make the cases of Mayor, Council, chair, presiding officer and City consistent throughout the document. 3. I have not overcome the assistance of MS Word and this needs to be formatted consistent with Ann's Draft 4. Check references to ORS and AMC. 9. COMMISSIONS, COMMITTEES and BOARDS The City has established several commissions, committees and boards as a means of providing detailed study, action and recommendations. Citizens who serve with these organizations become more involved in local government, more informed and serve as advisors to the City. They are a valuable resource to Ashland's leadership and should be treated with appreciation and respect. 9.1 Establishing commissions, committees or boards Commissions, committees and boards originate from different sources. Some are established by State statute, Charter provision, or ordinance. Others are established by direction of the Mayor or the Council. It is Council discretion as to whether or not any advisory body should be set forth in the Code by ordinance. AMC contains code common to all commissions. A Commission Template will be used to generate an ordinance with information specific to the new commission to be adopted. 9.2 Council Ad-hoc Committees The Mayor shall have the authority to form ad-hoc committees to deal with specific tasks within specific time frames and make recommendations to the Council. The Mayor or City Administrator may refer matters to the appropriate committee. The Mayor with the consent of the Council shall establish the tasks and the membership criteria for the committees.. The reports of the ad-hoc committee shall only have the authority of recommendations to the Council. The Council has the authority to follow 1 the recommendations, change the recommendations, refer the matter back to the committee or take any action it sees fit. 9.3 Membership Appointments All committees not required by State law to be appointed by the Council shall be appointed by the Mayor with the consent of the Council, except for the Audit Committee (Resolution 2003-07). The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer with the consent of the Council. Broad citizen participation will be encouraged by limiting the number of terms that a member may serve. A citizen may not serve on more than two commissions simultaneously and may not be Chair of both. The terms of all members shall be three years and end on April 30. 9.4 Membership on Ashland Budget Committee For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. (AMC 2.04.140) and is a voting member of the budget committee. 9.5 Student Membership on Commission and Committees The Mayor with the consent of the Council may add to the membership of any city commission, up to two positions for student liaisons, whether such commission or committee was established by ordinance or resolution. The student liaisons shall be non-voting ex officio members of their respective commissions or committees. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. The requirement of sections 2.04.080 and 2.04.081 shall not apply to the students chosen under this section. 9.6 Membership Removal Process Upon consensus of the Council, a citizen may be removed prior to the expiration of the term of the appointment. Notice of removal to the affected member shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term as described in 9.3 9.7 Changing or Dissolving a Commission, Committee or Board After the commission, committee or board has been formally announced they cannot be changed except at a regular meeting of the Council and by a majority vote of the members present. (AMC 2.04.080, 2.04.08 1) 10 OPERATING POLICIES and PROCEDURES COMMISSIONS, COMMITTEES and BOARDS As commissions, committees and boards have been formed and reformed throughout the years, adoption of uniform rules of procedure has become necessary to assure maximum productivity. The following policies govern the City's commissions, 2 committees and boards. Some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, by-laws or at times state law. 10.1 Public Meeting Law All meetings of commissions, committees and boards are subject to public meeting laws of the State of Oregon. 10.2 Robert's Rules of Order Roberts Rules of Order shall be authority for the government of the commissions committees and boards during its sessions, when not in conflict with the city charter and these code rules. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. 10.3 Deliberation It is the duty of the chair or presiding officer to ensure that each member has the opportunity to speak. Members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call upon the chair to keep the discussion moving if the discussion becomes bogged down. No member shall speak more than once until every member choosing to speak shall have spoken or waived their right to do so. No member shall speak more than twice on the same motion without leave of the presiding officer. 10.4 Agendas and Minutes The chair or staff liaison will be responsible for the agenda of all meetings of commissions, committees and boards. A member or staff liaison will be responsible for taking minutes. Agendas and minutes will be posted on the city's web site. Members are encouraged to access those documents from the web site. Unless requested by members, staff will not mail the documents. 10.5 Absences If a member will be absent from a meeting the member will notify the chair or the staff liaison at least two hours prior to the meeting. Each ordinance and resolution specific to the commission details the number of permitted absences before removal is considered. If there is a scheduling problem, a member should request to be replaced out of respect for the other members. With the exception of the Audit Committee, appointees can be removed by the Mayor, with consent of the council for any reason. Planning commissioners may be removed for cause after hearing by city council for misconduct or non-performance of duty. (ORS227.030 and AMC 2.12.035) 10.6 Quorum A quorum for conducting business is a majority of the total membership. A majority of the quorum is necessary to adopt any motion. Membership need not be physically present at a meeting if another meeting format including conference calls, virtual meetings via the Internet etc. has been previously agreed to by the group. 3 10.7 Code of Ethics The City of Ashland is committed to the highest ethical standards for its public officials. To ensure public confidence, all members of commissions, committees and boards must be independent, impartial, responsible and not use their position for personal gain. Members of should be aware the codes of ethical conduct set forth by the state and the city in ORS244.040 and in AMC 3.08.020. 10.8 Lobbying Unless specifically directed by the city council to state the city's official position on federal, state or county legislative matters, no lobbying before other elected bodies or committees will be undertaken by members of boards commissions or committees. An individual is free to voice a position on an issue as long as it is made clear that the speaker is not speaking as a representative of the city or as a member of a board, commission or committee. 10.9 Goals Commissions, committees and boards are encouraged to establish annual goals and action items that reflect the group's charge as stated in the specific commission ordinance or resolution. They are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. 10.10 Role of Staff At least one staff person is assigned to work with each Commission, Committee or Board. The staff liaison provides professional guidance, continuity, and insight into City policy and attends all commission meetings. The staff liaison supports the group as a whole and cannot do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. 10.11 Final Decision Making With the exception of the quasi-judicial body commissions, committees and boards are advisory to the council. The city council is the final decision-maker on all city policies and the use of city resources. 10.12 Number of Meetings Unless otherwise provided by law, the number of meetings related to business needs of the commission, committee or boards may be set by the individual body. 10.13 Notice Advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a newspaper with general local circulation and posted on the city's website. In the case of emergency or when a state of emergency has been declared, notice 4 I appropriate to the circumstances shall be provided and reasons justifying the lack of 36-hour notice shall be included in the minutes of such meeting. 10.14 Representing the Commission, Committee or Board Members should only represent the opinion or position of the group if authorized by the full membership. 10.15 Budget Money is set aside in department budgets for commission expenses. Should a commission require additional funds, requests should be submitted to the department head through the staff liaison. 10.16 Expenses Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to committee business. 10.17 Committees Committees may be formed for the purpose of gathering information and forming a recommendation and brought forward to the full committee. However, only the full membership can vote on and accept the recommendation. Committees must meet the requirements of the Oregon Public Meetings law. 11 COUNCIL LIAISONS Councilors serve as liaisons to commissions, committees, boards, community organizations and other agencies and are expected to represent the full Council in providing guidance to the group. In all other instances council members may attend meetings as individuals and will identify their comments as personal views or opinions not a representation of city council policy. 11.1 Role and Responsibilities of Council Liaisons The primary role of a Council committee liaison is to facilitate communication between the relevant organization and the Council. 11.2 Attendance Liaisons shall attend meetings of the committees for which they have assigned. If this becomes a problem, they should find an alternate or ask the Mayor to be reassigned. 11.3 Deliberations Complete debate is essential to committee effectiveness. Thus, Council liaisons may wish to limit his or her participation in a committee's deliberations and debate. Under no circumstances is a liaison to attempt to direct debate, lobby, or otherwise influence the direction or decisions of any committee to which he or she has been assigned. Any attempt to do so may result in removal from the liaison position. Note that the prohibition on lobbying and directing debate may not apply when the liaison is 5 I representing the city on a regional committee that includes elected officials from other jurisdictions. 11.4 Respect Be respectful of diverse opinion. A primary role of committees is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Be respectful of the Chair and the agenda. Councilors attending meetings as liaisons or individuals should accord the same respect toward the Chair and other members as they do towards the Mayor, presiding officer or each other. 11.5 Council Information Liaisons will inform the committees to which they have been appointed liaison of all meeting agenda items and of Council decisions that may be of interest to the committee. Liaisons shall also encourage committee members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the city organization. 11.6 Vacancies The Council liaison for each commission, together with the commission chair and assigned staff liaison will interview citizens to fill vacancies on their committees and will make recommendations to the Mayor for appointment. 11.7 Reporting to the Council Council liaisons shall periodically report to the entire Council on significant and important activities of each committee to which they have been assigned. In addition, each commission should be scheduled to give a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reporting responsibility. 11.8 Liaison Appointment Process The Mayor will appoint a Councilor to act as a Council liaison to all commissions, committees, boards, community organizations and other agencies for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments are generally made on an annual basis in January and the Mayor shall make every effort to rotate liaison assignments. 11.9 Removal from a Liaison Assignment The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon consensus of the entire Council. 6