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2009-1117 Council Mtg PACKET
CITY OF -ASHLAND Important Any citizen may orally address the Council on non-agenda items during the pubhc F.omn. Any citizen maysubmit written comments to the Councilon any'item on.the Agenda unless t is:the subject of a public hearing and the record is closed. Except for public ;hearings, there is no a - absolute right to orally address theCouncil onan an agenda item Tiinepermitting; the Presiding-Officer may,allow Dial testimony; however, public meeungs law'guarantees'only pubbc(zttendance; not:pubhc,par6cipauon If you wish to spezk;.please fill -out the Speaker$equest form located near, theentrance to'[he,Council Chambers:. The chart will recognize you and inform you as to (be amount of tirne:zllotted to you„if any. The time granted willjbe'dependent to,some extent on the nature of the nem under discussion, the number of people who wish '.to be heard, and the lengilt'of the agenda. r i AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 17, 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. Study Session of November 2, 2009 2. Regular Council of November 3, 2009 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation regarding 2009 Tree of the Year 2. Will Council authorize the Mayor to sign the World Mayors and Local Governments Climate Protection Agreement Signature Form? VII. CONSENT AGENDA [5 minutes] 1. Will Council approve a resolution authorizing the Investment Policy of the City of Ashland and Repealing Resolution No. 98-16? 2. Should Council approve a resolution adjusting the FY2009-2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? 3. Should Council accept the quarterly report as presented? 4. Will Council direct Mayor Stromberg to sign a letter of support to the Siskiyou Regional Railroad Authority in their efforts to seek funding to reopen the Black Butte Branch Line that runs from Black Butte California (near Weed) to Bellevue Oregon Oust south of Ashland)? 5. Will Council approve an engineering services contract with KAS & Associates, Inc. in the amount of $28,425 to complete the preliminary engineering and provide construction engineering services for the Jefferson Avenue Extension (Brammo) project? COUNCIL NII L".PINGS ARE BROADCAST LIVE ON CHANNEL 9 VLSI 1 I HE CITY 01= ASHLAND'S EB SI Pt. AT W\\ W.ASI-1 LAND.OR.US VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) None. 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. Should the Council approve first reading of ordinances amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and make related amendments of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors? [60 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Does the Council wish to appoint a citizen taskforce to look at a possible General Obligation Bond Levy to fund capital projects for Public Safety Facilities? 110 Minutes] XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should Council approve second reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code 10.44.012 and AMC 10.44.020, Relating to Public Nudity and Penalties"? [15 Minutes] 2. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 2.04.090, 2.04.100, and 2.04.110 Relating to Council Rules"? [20 Minutes] 3. Should the Council approve first reading of an ordinance providing for uniform policies and operating procedures from advisory commissions, committees and boards? 120 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding AFR letter 2. Discussion regarding Council Seating 3. Discussion regarding default on a Food and Beverage Tax Agreement 4. Report on Regional Problem Solving 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 I). COUNCIL MEETIN<~S ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE. CITY Ol' AS] ILAND'S W17B SITE. AT W W.AS1II.AND.OR.IJS CITY COUNCIL STUDY SESSION November 2, 2009 Page I of 2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, November 2, 2009 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:33 p.m. Councilor Jackson, Navickas, Silbiger, Voisin, Chapman and Lemhouse were present. 1. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. Discussion regarding does the Council understand and agree with the principles, guidelines, and permit process for the draft update to the Street Pennant Program? Project Manager Adam Hanks and Management Analyst Ann Seltzer provided the staff report. The critical issues were the Oregon Shakespeare Festival (OSF) is the main entity using pennants and the need to update the permit process. The proposed program would formalize some of the practices occurring presently and insert the City back into the approval process. Staff discussed with Council duration, community wide events, proximity of the pennants to the event, remaining content neutral to meet the first amendment right and developing a method to accommodate requests. Council wanted involvement from the public and the Chamber of Commerce, suggested a lottery for the selection process similar to the one used for publication racks and having some spots permanent and others open. Staff recommended public involvement as part of the application process, noted pennant size standards and how the City would have input on content if pennants were functional items. Pennants could be loaned functional items that required hold harmless and maintenance agreements. This would enable the City Administrator to make decisions on whether to accept a loan or not. Council discussed alternatives to pennants, limiting the number and area, having a distinction between large and small pennants, establishing parameters, designating pennant sites for public art and locating possible grant money to support the process. Council directed staff to provide examples of pennants and banners used in other cities. 3. Discussion regarding what direction the Council has for further development and eventual adoption of an intergovernmental relations plan and policy? City Administrator Martha Bennett continued the discussion on regional representative responsibilities and issues of substance from the October 19, 2009 Study Session. Council and staff addressed protocol for contacting elected officials and agreed Councilors and the Mayor will announce whether they are speaking as an individual or in full capacity representing the Council when contacting elected officials or agencies and provide Council and staff with details of whom they contacted and what they discussed. Council went on to discuss Council Liaison roles for Commissions, rotating liaison positions, using regional responsibility as a way to achieve goals and Study Sessions to determine topics to move forward regionally. The Transmission Grid was added as a topic for the Federal level with water and the homeless situation added as a topic for Regional participation. CITY COUNCIL STUDYSESSION November 2, 2009 Page 2 of 2 Staff asked for Council feedback regarding regional representative responsibilities and issues of substance by December 15, 2009. Council and staff discussed using Council training funds to send a Housing Commissioner to a workshop on Homelessness that Councilor Voisin could not attend. Council expressed caution in using Council funds in this manner and requested an informal proposal from Councilor Voisin in order to make a decision. Changes to the agenda for the November 4, 2009 meeting were addressed. Council noted the agenda is established by City rules and was not comfortable switching agenda items once posted. Councilor Voisin shared details regarding her request to rotate Council seating arrangements every two months. Council briefly commented that seating ran according to Council position and it might be simpler to ask a Councilor to switch seats at the time of the meeting instead of establishing a new process. Councilor Chapman announced his decision to volunteer for either the League of Oregon Cities (LOC) Transit Policy Committee or the Telecommunications Policy Committee. Meeting adjourned at 7:44 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING November 3, 2009 Page I of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 3, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Council Chambers Civic Center. ROLL CALL Councilor Voisin, Navickas, Lerrhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg read from the November 2, 2009 article in the Oregonian regarding the Infantry Battalion of the 41"Brigade Combat Team of the Oregon National Guard (1/186) and the risks they experience escorting convoys. Wes Brain/298 Garfield Street/Explained the artwork by Janet Essley displayed in the Council Chambers of garment workers from around the world represented the connection between the clothes people wear and the "sweatshop free" procurement policy. Mayor Stromberg noted vacancies on the Tree Commission, Conservation Commission, Housing Commission, Forest Lands Commission, Planning Commission, and Citizen Budget Committee. The Council and Mayor thanked all the individuals involved in ensuring a peaceful Halloween holiday. Police Chief Terry Holdemess gave a brief report on the event, noted the agencies outside and within the City that were present and expressed appreciation for the assistance they provided. In addition, Chief Holdemess shared details on an incident that occurred earlier November 3, 2009 involving an assault with a deadly weapon. The Medford SWAT team was involved as well as officers from the Phoenix and Talent Police Departments. The suspect was taken into custody and charged with several counts of aggravated assault, attempted aggravated murder on Police Officers and will have additional charges later. Chief Holdemess thanked all agencies that participated. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? City Recorder Barbara Christensen noted corrections to page 7 of the October 20, 2009 Regular Council minutes under item number 4 regarding the Immediate Opportunity Fund (IOF) grant, the paragraph beginning with Mr. Holzgang, changing "recreation" to "creation" and "trustee" to "trust deed." The minutes of the Study Session of October 19, 2009 and Regular Council of October 20, 2009 were approved as amended. SPECIAL PRESENTATIONS & AWARDS 1. Presentation regarding Green Business Program Water Conservation Analyst Robbin Pearce provided the history of the Ashland Green Business Program that encourages environmental stewardship while practicing economical and ecologically sound business practices. The categories include energy, water, waste, diversion and recycling, toxic reduction, transportation and education. She introduced the Green Business team, described how the program works and read the businesses participating in 2008 and 2009 and noted there was a waiting list as well. Measuring progress was currently a challenge but the team was researching tracking software to improve the process. ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 2 of8 2. Presentation regarding the Alliance for Community Traffic Safety in Oregon's Leadership in Community Traffic Safety Award to Jim Olson Councilor Chapman presented City Engineer Jim Olson with Oregon's Leadership in Community Traffic Safety award and noted his accomplishments. Council consensus agreed to add the Resolution supporting HR3745 Public Education, Government (PEG) and the temporary appointment of Council Silbiger to the Audit Committee for its upcoming meeting to the Consent Agenda. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council have any questions about the progress on the Council Goals? 3. Will the Council adopt a Resolution supporting HR3745, the Community Access Preservation Act, which addresses critical and immediate threats to PEG regulation (Public Education, Government) and to contact the Oregon congressional delegation to support passage of the legislation? 4. Will the Council appoint Councilor Silbiger as the substitute liaison for the Audit Committee in place of Councilor Lemhouse who is unable to attend? Councilor Voisin/Chapman m/s to approve the Consent Agenda with the two additional items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM (None) UNFINISHED BUSINESS 1. Does the Council want to direct staff to prepare and submit an application to Oregon Department of Transportation (ODOT) for an Immediate Opportunity Fund (IOF) grant of up to one million dollars to be used for road construction at the Croman Mill site? Councilor Silbiger declared a conflict of interest. Councilor Jackson/Chapman m/s to allow Councilor Silbiger to be excused from the meeting due to conflict of interest. Voice Vote: all AYES. Motion passed. Councilor Silbiger left the room at 7:42 p.m. Program Manager Adam Hanks explained gas tax revenues funded the IOF grant that supported primary economic development in Oregon through road construction and street improvements. The owner-developer of the Croman Mill site had requested the City apply for the funds. The grant also contains a job creation element where the owner-developer and Plexis Healthcare Systems would put together a job creation number approved by Business Oregon and ODOT. The City would have an Intergovernmental agreement with ODOT to receive and administer the funds then develop another agreement with the owner-developer and Plexis Healthcare Systems matching ODOT's requirements and ensuring job creation occurs by having a trust deed on the property. Staff was requesting Council approval to initiate the grant application and finalize the details for the submittal. Applying for the grant would not obligate the City to accept the grant. The timeline to exercise the grant money was typically 3-5 years. Staff clarified the job creation component included job retention. The grant would be a joint commitment between Plexis Healthcare Systems and the owner-developer with Plexis Healthcare Systems responsible for securing the land and job creation by ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 3 of 8 providing current and proposed job numbers that Business Oregon would verify over the years. Councilor Lemhouse/Jackson m/s to direct staff to coordinate and submit an application to ODOT for potential IOF grant award to be used for signature street road construction at the Croman Mill site. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson and Chapman, YES. Motion passed. Councilor Silbiger returned to the meeting at 7:47 p.m. Councilor Lemhouse/Jackson m/s to move #5 from Other Business, the discussion on the nudity ban to #4 Unfinished Business. DISCUSSION: Councilor Lemhouse acknowledged the people present who wanted to talk about the nudity ban and wanted to be sensitive to that. Councilor Navickas opposed moving the agenda item on principle. He disagreed with shifting agenda items during a meeting, especially mid way through a meeting. The time spent discussing the nudity ban in previous meetings was excessive and there were other issues already scheduled that needed attention. Councilor Jackson commented by putting it at the end of Unfinished Business they were taking care of the three items postponed to this meeting. Roll Call Vote: Councilor Lemhouse, Chapman, Jackson and Silbiger, YES; Councilor Voisin and Navickas, NO; Motion passed 4-2. Councilor Navickas/Voisin m/s to move forward the discussion regarding the AFR letter from Other Business from Council Members to Unfinished Business #3. DISCUSSION: Councilor Navickas explained the issue had not received proper discussion and the agenda was manipulated in an effort to avoid a critical issue due it possibly being controversial. Councilor Chapman felt there would be enough time for the AIR item later and added he did not like moving items on the agenda during a meeting either. Councilor Voisin also voiced her dislike of moving items on the agenda and disagreed with changing the agenda period. Roll Call Vote: Councilor Lemhouse, Chapman, Jackson, Silbiger and Voisin, NO; Councilor Navickas, YES. Motion failed 5-1. 2. Should the Council authorize the signing of a land use application that would include modifications to city-owned, public property along Winburn Way? Planning Manager Maria Hams presented the staff report and explained the item was before Council to consider authorizing the signature of a land use application that involved City properties and a redevelopment plan for 85 Windburn Way. The property has been operating as a small cafe and ice cream parlor since the 1960s, is zoned single family residential and considered a non-conforming use. Staff conducted a pre-application process with the representative of the potential buyer in September. Part of the conceptual proposal involved a zone change to commercial zoning for 85 Windburn Way property, the Pioneer Community Center property and the parking lot to the south. They would redevelop the property and incorporate changes to the ice rink to include changing rooms, rental storage and spectator viewing. Staff had concerns regarding the variety and intensity of commercial uses allowed with commercial zoning because it was a transitional zone between the park, downtown core and residential neighborhood. If Council considered authorizing the signature, the land use application would go through the normal Planning process. Staff recommended a schematic and space study to show the public places and potential park areas. City Attorney Richard Appicello reiterated the only reason this was before Council was the proposal included a portion of City property in the application and Council could withdraw anytime during the process. Staff thought there was potential to redevelop the property as a non-conforming use without a zone change. Parks Director Don Robertson stated the Park Commission was waiting on the Council's decision before discussing the project. There was a possibility the Parks and Recreation Department would become part of the • ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 4 of 8 ownership and there were long-term leasing options as well. Staff added Council could have a development agreement through a deed restriction on the property to protect the City's rights. i Mark Knox of Urban Development Services and Greg Covey of Covey Pardee Landscape Architects represented the applicants and provided a presentation. Mr. Knox explained the project was based on the concept of philanthropy and not fully developed at this time. The potential zone change would minimize difficulties that typically occurred with Conditional Use Permits (CUP) regarding loans and property maintenance. They went on to'describe project details on the Preliminary Site Plan map. It was explained height restrictions for the historic district were 30 feet, commercial zones with a CUP up to 45 feet. The applicants would not build more than 30 feet. Staff clarified the rezoning the property to commercial would include the entire block instead of a zone change to a single property. The development agreement would retain uses, building height, intensity of use and more. The project did not present a downside for the City. The issue was a commercial use already existed on the property and if not managed well could result in a business not compatible to the area. Colin Swales/143 8th Street/Noted issues that occurred with the previous zone change for the Hillah Temple and the Community Development building. He saw potential for a civic building on the property, recommended the City make an offer to the current owner and encouraged the Council to look at it from the City's point of view rather than a private developer's view. Councilor Jackson/Lemhouse m/s to authorize the Mayor to sign a land use application to allow the project to be further evaluated. DISCUSSION: Councilor Jackson saw the project as an opportunity, staff had identified constraints and concerns and the City should be involved in the discussions. Councilor Navickas liked Mr. Swales' suggestion of acquiring the property but noted there were not enough funds. He wanted strict parameters, a deed restriction that protected the Parks Department rights to the property for the skating rink and a height requirement more restrictive than the C 1 D. Councilor Silbiger expressed concerns about turning the block into a C 1 D zone but thought the project was worth consideration. Councilor Chapman would support the motion but did not want too many restrictions in case the City used the parking lot for a building. Roll Call Vote: Councilor Chapman, Voisin, Jackson, Silbiger, Navickas and Lemhouse, YES. Motion passed. 3. Does the Council wish to consider a provision allowing for permitted legal fireworks in the area east of Siskiyou Boulevard and North Main Street prior to approving second reading of an ordinance titled, "An Ordinance Relating to Fireworks and Amending AMC 15.28.070"? Fire Chief John Kams presented the staff report that would establish a permit process for legal fireworks east of Siskiyou Boulevard. Single or multiple families could apply and pay a fee for a permit. The Fire Department would define requirements, vertical and horizontal clearance, responsible parties, proper fireworks usage, permit type, restrict it to private property and require a site visit. A database could monitor compliance of permit users over the years. Permitted use of legal fireworks would present a manageable hazard, be applicable to residents below Siskiyou Boulevard with a full ban above the boulevard. Residents interested in a block party with legal fireworks would obtain the fireworks permit in addition to the street closure permit. Legal Fireworks permits have been successful in rural areas. Councilor Voisin/Navickas m/s to approve second reading and adopt the ordinance. City Attorney Richard Appicello read the ordinance title and noted the language stricken under Section 1 15.28.070 Amendment to the Oregon Fire Code (C): "The use of fireworks is prohibited at all times in ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 5 of 8 the area of the City west of Siskiyou Boulevard and North Main Street," should be deleted, and the language stricken before that sentence: "...during any declared fire season except when the sale of fireworks is permitted within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year)," should be shown in bold strike through. DISCUSSION: Councilor Voisin thought it was unfair to allow only a section of the City to use fireworks and encouraged Council to approve a citywide ban. Councilor Chapman was not in favor of the motion and wanted to hear more on the permit process. Councilor Navickas suggested another option that would connect banning fireworks to the fire hazard rating instead of a permit process. Councilor Navickas motion to amend the motion that staff connects the ban on fireworks to the fire hazard rating. Motion died due to lack of second. Councilor Jackson was interested in further exploring block parties using fireworks. She understood the fire risk, and the fairness and administrative issues. She thought the fire hazard declaration could be appropriate. Councilor Lemhouse would vote for the amendment with the understanding permits would be reviewed. There was a need for some form of fireworks restriction and a permitting process would be more enforceable. Councilor Navickas motion to amend the motion to request staff to bring the ordinance back with several options that addressed a permit process or a prescription. Motion died due to lack of second. Councilor Chapman/Lemhouse m/s to call for the question. Roll Call Vote: Councilor Chapman, Silbiger, Jackson and Lemhouse, YES; Councilor Navickas and Voisin, NO. Motion passed 4-2. Roll Call Vote on main motion: Councilor Navickas and Voisin, YES: Councilor Chapman, Silbiger, Jackson and Lemhouse, NO. Motion failed 4-2. Councilor Navickas/Lemhouse m/s to direct staff to prepare an ordinance allowing permitting or a ban tied to the yearly fire hazard. DISCUSSION: Councilor Navickas thought banning fireworks during high fire season would help protect homes from possible uncontrolled fire although he ultimately preferred a citywide ban. Councilor Lemhouse was not opposed to a ban but wanted a well thought out permitting process prior to moving forward. Councilor Voisin explained it was a moral imperative to protect the city, acknowledged the tradition of fireworks and the need to find ways to change and replace that tradition. Councilor Chapman was concerned the motion was narrowly directed. Councilor Navickas clarified the motion would be based on the fire hazard level, if it was high; fireworks would be banned, if low, fireworks would be permitted, or an option of the two combined. City Administrator Martha Bennett explained staff would bring back three options consisting of a total ban, a permit process and a combination. Councilor Jackson supported a ban above Siskiyou Boulevard with a permit process and was fine tying it the fire hazard. Roll Call Vote: Councilor Chapman, Navickas, Silbiger, Jackson and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. 4. Discussion on Nudity Ban Mayor Stromberg explained why he had changed his original vote and put the nudity ban on the agenda. City Administrator Martha Bennett presented the proposed map of the city depicting schools, parks and buffer categories. Council and staff would create a process for organized events, protests and parades using permits or stating in the ordinance that it would not apply to those events. Paul Huard/201 S Mountain Avenue/Explained he was a parent and a teacher at Ashland High School. He had no objections to law abiding adults being nude in the privacy of their residence or at places designated for social or recreational nudity. He questioned the appropriateness of an individual who chose to be nude in ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 6 of 8 public within the environs of a school; this was an issue of appropriateness and safety. Schools are safe havens for young people who have been abused or molested, and individuals who know they can expose themselves in public near a school could traumatize children. There was a moral responsibility here and common sense would not allow an unknown individual in a state of nudity near schoolchildren. Their motivation and character are unknown. He encouraged Council to draft an ordinance that respects the need to protect children and do the right thing for the community. Karen Hobbs/3510 Hwy 66 #1/Commented on her disgust and the reactions of the children who witnessed the individual who had appeared purposely nude within a school zone. This was not about this person's choices; it was about his lack of discretion in where he made those choices. She stressed the need to protect children and did not believe allowing nudity in school zones promoted education. She referenced Ashland Schools "be safe, be responsible and be respectful," and did not see that in the naked man's behavior. Ms. Hobbs thanked the Mayor for bringing it back to the table, and urged Council to send a message that put children's safety and mental well-being first. Juli DiChiro/635 Weller Lane/Addressed Council as the Superintendent of Ashland Public Schools and encouraged Council to adopt an ordinance that prohibits nudity citywide. Two reasons for having a citywide ban were student safety and the ease of enforcement. A 200-foot buffer would not protect students and they are more at risk the farther they are from the school when walking home. A child confronted with a nude adult as he or she is walking home does not have the ability to determine if that adult has harmful intentions. This puts students in a position to make judgments about potentially dangerous situations without the sophistication to do so. Society routinely protects minor children at a higher level than adults because children do not possess the capacity to adequately assess potential danger and respond appropriately. The school district provides age appropriate lessons on child abuse and must be able to tell children that if they are approached by an unknown nude adult they should see that situation as potentially dangerous and report it. She urged Council not to place children in the situation of having to determine intent and instead provide an absolute standard against which they can measure their safety. A citywide ban on nudity would make enforcement easier and send a clear message to visitors coming specifically to walk around nude that Ashland treasures and protects its children. Colin Swales/143 81e Street/Read from the Oregon Constitution and noted laws prohibiting public nudity were unconstitutional. In response to the public outcry regarding this issue, he proposed the following ordinance language: "9.08.195 Public Nudity: It is unlawful for any person to fail to cover his or her genitalia from public view while in any public place within the City. This provision is not intended to abrogate, or in any way limit, any person's right to exercise that person's protected free expression as provided under the Oregon Constitution. Such a failure to cover the genitalia is subject to a Penalty under AMC 9.09.250." Mr. Swales clarified nuisances are considered infractions. He did not believe public nudity should be criminalized unless there was a sexual content to it and that was already covered by Ashland Municipal Code (AMC) 1.04.010. Derek Volkart/206 main Street, Talent/Explained he was the Chair of the Southern Oregon American Civil Liberties Union (ACLU). He suggested Council ask Chief Holderness if there was an epidemic of nudity in Ashland and whether the Chief felt he had adequate tools for enforcement of a person exposing themselves to children. He did not think the City would accomplish what they intended through a citywide ban and did not support one. Ralph Temple/150 Wright Creek/Introduced himself and spoke on behalf of the Southern Oregon Chapter of the ACLU. Restricting nudity around schools due to one individual was not a healthy reaction. He understood it required discipline and not getting excited when something unusual happens. He shared a proposed solution from the ACLU based on state laws that make it a crime for someone to expose themselves with the purposes ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 7 of 8 of lust. Regarding the man from Minnesota, this individual did not mind that children saw him but it is difficult to determine whether he was targeting children. The solution would entail police approaching a person nude in a school zone, inform them that children can see them and if they are targeting children with their nudity, they are subject to arrest. This action would protect children from deliberately being targeted and eliminate the need for a ban on nudity around schools. Mr. Temple confirmed the police department would confront an individual in a school zone with a warning first and clarified this was not a new policy and how the police actually dealt with the Minnesota man. This was a way to reiterate it as policy so that those who are concerned will know that the police are there to protect the children. Ruth Alexander/2645 Butler Creek Road/Explained she was a member of the Ashland School Board but spoke as a member of the community and a parent. Unfortunately, the situation has been set up to where people come to Ashland to walk around naked and not care about members of the community. These individuals are not part of the community. People have a responsibility to think about each other and as adults to think about the children. She was undecided on a total ban but felt a 200-foot restriction around a school was ridiculous since people are walking from home to school. She noted that sexually abused children are extremely vulnerable and it is our responsibility as healthy adults to help take care of them. Monique Abbett/180 N Wightman/Statement was read aloud that explained her decision to move to Ashland. As a working mother, she wanted assurance that her child can walk home without having to fear running into a naked man along her six-block route. A man choosing to be nude in an area where children walk to and from school exhibited dangerous and predatory behavior. She hoped Council would agree that a community should strive to provide safeguards wherever possible for children from potential threats. Parents need to be assured that civic authorities are working in conjunction with them to keep their children safe. Councilor Navickas motion to direct staff to establish a policy with regard to nudity around schools based on initial warning towards that person. Motion died due to lack of second. Councilor Chapman did not like the ordinance currently in place and thought designated areas of anti-nudity would be unmanageable. He explained an alternate ordinance that would cover the entire City and wanted to submit it to Council for first reading. Council consensus agreed to have the City Attorney read the proposed ordinance as first reading. City Attorney read first reading of amendment to Chapter 10.44.012 and 10.44.020 aloud. Changes included: Section I AMC 10.44.012 Public Nudity: "It is unlawful for any person to intentionally expose his or her genitalia in view of a public space. This provision is not intended to apply to a person who is prepubescent." Striking: "...while on public property in the C 1 D (Downtown Commercial) zone or in a public park," and striking "...or who has taken steps to create an envelope of privacy upon their own property and the nudity occurs within that envelope." Section 2 AMC 10.44.020 Penalties: "Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08.010 with the exception of Public Nudity which shall be an infraction as set forth in Section 1.08.020." Councilor Chapman/Lemhouse m/s to approve first reading of an ordinance to amend AMC Public Nudity and place on agenda for second reading and request that prior to second reading the Legal Department review this ordinance and look for correlations to parade and plaza permits. DISCUSSION: Councilor Chapman wanted to ensure someone was intentionally violating the code by exposing himself or herself in view of a public space. The ordinance would not impinge free speech and was ASHLAND CITY COUNCIL MEETING November 3, 2009 Page 8 of 8 punishable with an infraction instead of a misdemeanor. Councilor Jackson thought it was a reasonable proposal and supported the motion. Councilor Navickas commented this issue touched on how the human body is portrayed and creating moral legislation would invite the ordinance to be challenged. He explained the history of the ban originated in prohibiting people from wearing low rider pants in the plaza that tourists found offensive and now it had grown into an issue regarding children. Councilor Jackson/Lemhouse m/s call for the question. Roll Call Vote: Councilor Jackson, Silbiger, Lemhouse and Chapman, YES. Councilor Voisin and Councilor Navickas, NO. Roll Call Vote on main motion: Councilor Silbiger, Jackson, Voisin, Lemhouse, YES. Councilor Navickas, NO. Motion passed 5-1. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 2.04.090, 2.04.100, and 2.04.110 Relating to Council Rules"? Delayed due to time constraints. 2. Should the Council approve first reading of an ordinance providing for uniform policies and operating procedures from advisory commissions, committees and boards? Delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding AFR letter - Delayed due to time constraints. 2. Discussion regarding Council Seating - Delayed due to time constraints. 3. Discussion regarding default on a Food and Beverage Tax Agreement - Delayed due to time constraints. SUMMARY OF MEETING Delayed due to time constraints. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND Council Communication Tree of the Year - 2009 Meeting Date: November 17, 2009 Primary Staff Contact: Amy Gunter Department: Community Development . E-Mail: guntera@ashland.or.us Secondary Dept.: Planning Divisi Secondary Contact: Bill Molnar Approval: Martha Benue Estimated Time: 10 minutes Question: Does the Council have any questions about the 2009 Tree of the Year? Staff Recommendation: Staff recommends the announcement of the 2009 Tree of the Year winner at the November 17, 2009 City Council meeting. Background: The City of Ashland Tree Commission is pleased to announce the 2009 Tree of the Year - the Dogwood located at 634 Iowa Street. The Latin name for Dogwood (Corpus florida) translates Corpus = toughness of wood & Florida = freely flowing. Dogwoods are small to medium size trees, 15 - 30 feet in height with nearly equal spread. It can be a single or multi-trunk tree. Dogwoods are noted for their prolific flowers, this tree in particular has pink blossoms. The Dogwood has low branched, arching elegance with checkerboard like bark. The fall leaves put on a spectacular red-purple show and the fall fruit is bright red and a favorite of wildlife. It is a tree with special interest each season. This tree has a special place in the front yard of a home that is on the National Register of Historic Places. Though small in stature when compared to the large conifers that typically gather the most votes, this Dogwood's excellent seasonal beauty has captured the attention of many and the tree is well deserving of the honor of being chosen 2009 Tree of the Year. The Ashland Tree Commission would like to thank Ashland residents who took the time to submit nominations and to vote for Tree of the Year. This year marks Ashland's twenty-second Tree of the Year contest. Throughout the year a nomination form is available on the City of Ashland website and in July, the call for nominations was distributed in the City Source newsletter. Residents identified 13 trees for consideration. The Ashland Tree Commission then narrowed the field down to five nominees. Residents voted in October and early November choosing from the finalists. The ballot was published in the Locals Guide, posted on the City's web site, and available at the Community Development and Public Works Building. A total of 79 votes were submitted in this years contest with the Coast Redwoods at 65 Granite Street coming in a close second for the third consecutive year. While there is only one winner of the award, there were many wonderful trees nominated. And though they were not all big and beautiful, each tree is special in some way to someone in the community. Beginning in 2003, the Tree Commission shifted the Tree of the Year contest to the fall rather than in the spring. The purpose was twofold. First, the Tree Commission wanted to recognize trees in fall splendor. The second objective was to space publicity efforts throughout the year so that Tree of the Year is the focus of the fall and Arbor Week is the focus of the spring. The Tree Commission will dedicate a plaque at the site honoring the tree next spring during annual Arbor week events. Page I oft Imo, CITY OF ASHLAND Related City Policies: Chapter IV Environmental Resources, Ashland Comprehensive Plan Chapter VII Parks, Open Space and Aesthetics, Ashland Comprehensive Plan Chapter 2.25 Tree Commission, AMC Council Options: Not applicable Potential Motions: Not applicable Attachments: 2009 Tree of the Year Ballot Page 2 of 2 ~r, BALLOT for CITY OF ASHLAND'S 2 2009 TREE OF THE YEAR This marks the 22nd Tree of the Year contest. In selecting Ashland's Tree of the Year we have the opportunity to pause and reflect on all of Ashland's lovely trees and the many ways they enhance our lives. The nominees for the 2009 Tree of the Year are: Dogwood (Cornus Florida) 634 Iowa Street The Latin name of Dogwood translates to Comus = toughness of wood & Florida = freely flowing. Dogwoods are small to medium size trees, 15 - 30 feel in height with nearly equal spread. It can be a single or multi-trunk tree. Dogwoods are noted for their prolific flowers, this tree in particular has pink blossoms. The fall fruit is bright red and a favorite of wildlife. Many consider the Dogwood to be the best of the ornamental natives. It is a tree with special interest each season. Coast Redwoods (Sequoia sempervirens) 65 Granite Street Resistance to natural enemies such as insects and fire are built-in features of a Coast Redwood. Diseases and insect damage is insignificant due to the high tannin content of the wood. The redwoods' unusual ability to regenerate also aids in their survival as new sprouts may come directly from a stump or a downed tree's root system or even from dormant seedlings on a living tree. They can also sprout a new tree when the main trunk is damaged by fire, cutting, or topping. Japanese Cedar (Cryptomeria japonica) 358 High Street This evergreen is unique, in that it is the standard form of the Japanese cedar. An Oriental member of the Redwood family, its foliage closely resembles the Giant Sequoia along with its graceful habit. The Japanese cedar has blue-green foliage in the summer, and turns bronze in the winter with exposure to the winter sun. The standard form has awl-shaped foliage, like the houseplant, Norfolk Island pine. It is a shade tolerant tree. In its native range of Japan and China, this tree provides valuable timber and resources. Japanese culture and art prominently displays the Japanese cedar in woodblock prints. Coast Redwood (Sequoia sempervirens) 965 Bellview Avenue This impressive example of a Coast Redwood is one of the largest diameter trees on Bellview Ave. Its trunk measures about 10-feet across at the base! It has excellent buttress roots and a graceful form which towers over the 50 foot tall power lines. Coast Redwoods are the tallest trees in the world and can grow three to five feet per year. Big Leaf Maple (Ater macrophyllum) 31 Water Street The Big Leaf Maple, also known as the Oregon Maple is native to western North America. It has the largest leaves of any maple. This tree, while not a champion, offers much social intrinsic value due to the shading of the deck at the Caldera Pub and as a noise buffer from the overhead roadway. The big leaf maple is often found within riparian areas but have been found as undergrowth in open canopies of mixed evergreens. ALL BALLOTS MUST BE RECEIVED BY MONDAY, NOVEMBER 2ND Mail or deliver to: Amy Gunter, City of Ashland, 20 East Main Street, Ashland, OR 97520 SUPPORT THE TREES! VOTE! ALL BALLOTS MUST BE RECEIVED BY MONDAY, NOVEMBER 2ND Mail or deliver to: Amy Gunter, City of Ashland, 20 East Main Street, Ashland, OR 97520 SUPPORT THE TREES! VOTE! Big Leaf Maple (Ater macrophyllum) 31 Water Street The Big Leaf Maple, also known as the Oregon Maple is native to western North America. It has the largest leaves of any maple. This tree, while not a champion, offers much social intrinsic value due to the shading of the deck at the Caldera Pub and as a noise buffer from the overhead roadway. The big leaf maple is often found within riparian areas but have been found as undergrowth in open canopies of mixed evergreens. Coast Redwood (Sequoia sempervirens) 965 Befiview Avenue This impressive example of a Coast Redwood is one of the largest diameter trees on Bellview Ave. Its trunk measures about 10-feet across at the base! It has excellent buttress roots and a graceful form which towers over the 50 foot tall power lines. Coast Redwoods are the tallest trees in the world and can grow three to five feet per year. Japanese Cedar (Cryptomeria japonica) 358 High Street This evergreen is unique, in that it is the standard form of the Japanese cedar. An Oriental member of the Redwood family, its foliage closely resembles the Giant Sequoia along with its graceful habit. The Japanese cedar has blue-green foliage in the summer, and turns bronze in the winter with exposure to the winter sun. The standard form has awl-shaped foliage, like the houseplant, Norfolk Island pine. It is a shade tolerant tree. In its native range of Japan and China, this tree provides valuable timber and resources. Japanese culture and art prominently displays the Japanese cedar in woodblock prints. Coast Redwoods (Sequoia sempervirens) 65 Granite Street Resistance to natural enemies such as insects and fire are built-in features of a Coast Redwood. Diseases and insect damage is insignificant due to the high tannin content of the wood. The redwoods' unusual ability to regenerate also aids in their survival as new sprouts may come directly from a stump or a downed tree's root system or even from dormant seedlings on a living tree. They can also sprout a new tree when the main trunk is damaged by fire, cutting, or topping. Dogwood (Cornus florida) 634 Iowa Street The Latin name of Dogwood translates to Comus = toughness of wood & Florida = freely flowing. Dogwoods are small to medium size trees, 15 30 feet in height with nearly equal spread. It can be a single or multi-trunk tree. Dogwoods are noted for their prolific flowers, this tree in particular has pink blossoms. The fall fruit is bright red and a favorite of wildlife. Many consider the Dogwood to be the best of the ornamental natives. It is a tree with special interest each season. The nominees for the 2009 Tree of the Year are: This marks the 22nd Tree of the Year contest. In selecting Ashland's Tree of the Year we have the opportunity to pause and reflect on all of Ashland's lovely trees and the many ways they euhauce our lives. 2009 TREE OF THE YEAR CITY OF ASHLAND'S orld Mayors and Local Governments Climate Protection Agreement - The Agreement Page 1 of mtmg 11 1 ~r The Agreement Partners The Agreement Signatories The World Mayors and Local Governments Climate Protection Agreement is a declaration by Mayors and other elected leaders from local governments around the world. Sign The Agreement calls for a number of actions, including the reduction of greenhouse gas Contact emissions by 60% from 1990 levels worldwide and by 80% from 1990 levels in industrialized countries by 2050. Sign up online The Agreement was launched at the United Nations Climate Change Conference in Bali, Indonesia, on 12 December 2007 by a coalition of local governments organizations. It builds on the existing commitments of local leaders shown through the ICLEI Cities for Climate ProtectionT" Campaign, World Mayors Council on Climate Change, the US Mayors' Climate Protection Agreement, C40 Climate Leadership Group and the United Cities and Local Government (UCLG) Jeju Declaration. The World Mayors and Local Governments Climate Protection Agreement is available in seven languages. English Danish French German Japanese Korean Spanish Site created and maintained by ICLEI 2008-2009 Powered by Typo3 ittp://www.globalclimateagreement.org/ 11/12/2001 World Mayors and Local Governments Climate Protection Agreement Signature Form You have my support for the World Mayors and Local Governments Climate Protection Agreement. Mavor/ I„ocal Obvemment Elected Official (Name and Title): Local Authority: ISignatory email: Signature and date: Address: City: Country: Web: Staff contact name: Title: Staffemail: Staff phone: Staff fax Please return the completed form to: Cities Climate Center Kaiser-Friedrich Str. 7 53113 Bonn Germany Tel: +49 228 976 299 22 Fax: +49 228 976 299 01 Email:climate.centcr@iclci.org For further information go to www.globalclitnateagreement.org CITY OF ASHLAND Council Communication A Resolution Authorizing the Investment Policy of the City of Ashland and Repealing Resolution No. 98-16 Meeting Date: November 17, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder/Treasurer E-Mail: christebnashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: Consent Question: Will the City Council approve resolution authorizing the Investment Policy of the City of Ashland and Repealing Resolution No. 98-16? Staff Recommendation: Approve proposed Investment Policy. Background: The City adopted a revised Investment Policy in 1998 and since that time there have been significant changes within the structure of Investment Banking Divisions and Collateralization requirements. These changes resulted in references to additional Oregon State Statutes that should be referenced in a current investment policy. In addition, the proposed investment policy includes the ability, should the City choose in the future, to contract with an external investment management firm. It is the policy of the City of Ashland to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. The three main objectives of a solid Investment Policy is: Safety, Liquidity and Yield. This policy has been updated to meet current Oregon Revised Statutes pertaining to investment of municipal funds and has been reviewed and commented upon by the Oregon State Short Term Board. Related City Policies: AMC 10.44.012 Council Options: Approve/disapprove/amend proposed Resolution to adopt Investment Policy. Potential Motions: I move Attachments: • Proposed Resolution - Investment Policy Page I of I 11VALA RESOLUTION 2009- A RESOLUTION AUTHORIZING THE INVESTMENT POLICY OF THE CITY OF ASHLAND AND REPEALING RESOLUTION NO. 98-16 Recitals: ORS Chapter 294.035 prohibits local governments from investing money unless the governing body of the local government has authorized the investments. The Mayor and City Council resolve: The investment of City monies in accordance with the attached policy is authorized. This Resolution supersedes Resolution No. 98-16 authorizing the investment of City monies and the purchase of Bancroft Bonds. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. This resolution was duly PASSED. and ADOPTED this day of 2009, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney City of Ashland Investment Policy Revised November 2009 Page 1 of 7 CITY OF ASHLAND, OREGON INVESTMENT POLICY 1. POLICY STATEMENT It is the policy of the City of Ashland to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. II. SCOPE This investment policy applies to activities of the City of Ashland and Ashland Parks & Recreation in regard to investing the financial assets of all funds except for funds held in trust for deferred compensation funds for the employees of the City of Ashland. In addition, funds held by . trustees or fiscal agents are excluded from these rules; however, all funds are subject to regulations established by the State of Oregon. Other than bond proceeds or other unusual situations, the estimated portfolio size ranges from $15,000,000 to $24,000,000. These funds are accounted for in the City of Ashland's Comprehensive Annual Financial Report and include: General Fund Special Revenue Funds Capital Projects Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust & Agency Funds Funds of the City will be invested in compliance with the provisions of all applicable Oregon Revised Statutes. Investments of any tax-exempt borrowing proceeds and any related Debt Service funds will comply with the arbitrage restrictions in all applicable Internal Revenue Codes. III. OBJECTIVES AND STRATEGY The primary objectives, in priority order, of the City of Ashland's investment activities shall be: 1. Legality. This Investment Policy will be in conformance with federal laws, state statutes, local ordinances, and internal policies and procedures. 2. Liquidity. The City of Ashland's investment portfolio will remain sufficiently liquid to enable the City of Ashland to meet all operating requirements which might be reasonably anticipated. 3. Diversification. Diversification of the portfolio will include diversification by maturity and market sector and will include the use of multiple broker/dealers for diversification and market coverage. 4. Yield. The City of Ashland's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the City of Ashland's investment risk constraints and the cash flow characteristics of the portfolio. "Market rate of return" may be defined as the average yield of the current three- City of Ashland Investment Policy Revised November 2009 Page 2 of 7 month U.S. Treasury bill or any other index that most closely matches the average maturity of the portfolio. Effective cash management is recognized as essential to good fiscal management. Cash management is defined as the process of managing monies in order to ensure maximum cash availability. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, and the management of banking services. IV. STANDARDS OF CARE 1. Delegation of Authority. Authority to manage the City of Ashland's investment program is delegated to the City Recorder/Treasurer and Administrative Services Director who are the designated investment officers of the City and are responsible for investment decisions and activities, under the review of City Council. The day to day administration of the cash management program is handled by the City Recorder/Treasurer or by, the Administrative Services Director in the absence of the City Recorder/Treasurer. Management responsibility for the investment program is hereby delegated to the City Recorder/Treasurer and Administrative Services Director, who shall establish written procedures for the operation of the investment program consistent with this investment policy and subject to review and adoption by City Council. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Recorder/Treasurer and Administrative Services Director. The City Recorder/Treasurer and Administrative Services Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 2. Prudence. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. These standards states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." 3. Limitation of Personal Liability. The Investment Officer acting in accordance with written procedures, the investment policy and in accord with the Prudent Person Rule shall not be held personally liable in the management of the portfolio. 4. Ethics and Conflict of Interest. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio. Employees, officers, and their families shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City, Officers and employees shall, at all times, comply with the State of Oregon, Government Standards and Practices Commission, code of ethics set forth in ORS Chapter 244. City of Ashland Investment Policy Revised November 2009 Page 3 of 7 IV. AUTHORIZED AND SUITABLE INVESTMENTS. 1 I. Authorized Investments. All investments of the City shall diversified by type, maturity and issuer. Before any transaction is concluded, to the extent practicable, the Investment Officer shall solicit and document competitive and offers on comparable securities. When not practicable, the reasons should be similarly documented. At all times the Investment Officer will strive for best execution of all transactions. Additionally, if reasonably unanticipated events cause the portfolio limits to be exceeded, the Investment Officer will take the steps necessary to correct the situation as soon as practicable. Investments may be sold at a loss when the Investment Officer deems that such a decision is prudent. 2. Suitable Investments. a. U.S. Treasuries b. Agencies and Instrumentalities of the United States. c. Savings and Demand Accounts (Oregon depositories only) d. Time Certificates of Deposit (Oregon depositories only) f Banker's Acceptances (Oregon issued) g. Corporate Debt h. Municipal Debt (States of Oregon, California, Idaho and Washington only) i. Oregon Local Government Investment Pool (LGIP) The specific permitted securities are defined under Oregon Revised Statutes Chapters 294.035, 294.040, 294.046 and 294.810. (See Addendum A) Collateral requirements are bank deposits, time deposits, certificates of deposit and savings accounts are defined in ORS Chapter 295. (See Addendum B) V. INVESTMENT PARAMETERS 1. Diversification. The City will diversify the investment portfolio to avoid incurring unreasonable risks, both credit and interest rate risk, inherent in over investing in specific instruments, individual financial institutions or maturities. Diversification Constraints on Total Holdings: ISSUER TYPE % of portfolio U.S. Treasury Obligations Up to 100% U.S. Government Agency Securities and Instrumentalities of Government Sponsored Corp. Up to 75% and 25% per issuer Bankers' Acceptances (BA's) Up to 25% and 15% per issuer Certificates of Deposit (CD) Up to 35% and 5% of deposits per institution Municipal Debt Up to 35% and 10% per issuer Corporate Debt (AA, A1, P1) Up to 25% and 5% per issuer State of Oregon Investment Pool Securities ORS Limit 294.810 The investment officers will routinely monitor the contents of the portfolio comparing the holdings to the markets, relative values of competing instruments, changes in credit quality, and City of Ashland Investment Policy Revised November 2009 Page 4 of 7 benchmarks. If there are advantageous transactions, the portfolio may be adjusted accordingly, but not to exceed % as stated. 2. Investment Maturities. The City will not directly invest in securities maturing more than three (3) years from the date of purchase. a. The maximum weighted maturity of the total portfolio shall not exceed 1.5 years. This maximum is established to limit the portfolio to excessive price change exposure. b. Liquidity funds will be held in the State Pool or in money market instruments maturing six months and shorter. The liquidity portfolio shall, at a minimum, represent six month budgeted outflow. c. Core funds will be the defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between 1 day and 5 years and will be only invested in high quality and liquid securities. Total Portfolio Maturity Constraints: Under 30 days 10% minimum Under 90 days 25% minimum Under 270 days 50% minimum Under 1 year 75% minimum Under 18 months 80% minimum Under 3 years 100% minimum Exception to 3 year maturity maximum: Reserve or Capital Improvement Project monies may be invested in securities exceeding three (3) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds. Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular issuer or investment type may be exceeded at a point in time subsequent to the purchase of a particular issuer or investment type may be exceeded. Securities do not need to be liquidated to realign the portfolio; however, consideration will be given to this matter when future reinvestments occur. VII. SAFEKEEPING, CUSTODY AND AUTHORIZED DEALERS 1. Safekeeping and Custody of Securities. The laws of the state and prudent treasury management require that all purchased securities be bought on a delivery versus payment basis and be held in safekeeping by the City, or the City's designated depository. All safekeeping arrangements shall be designated by the Investment Officer and shall list each specific security, rate, description, maturity, and cusip number. Each safekeeping receipt will clearly state that the security is held for the City or pledged to the City. In addition, repurchase requirements including Master Repurchase Agreements shall be in place prior to any business being conducted. 2. Authorized Financial Dealers. The Investment Officer shall maintain a list of all authorized brokers/dealers and financial institutions that are approved for investment purposes or investment dealings. Any firm is eligible to make an application to the City of Ashland and upon due consideration and approval will be added to the list. Additions and deletions to the list will be made at the discretion of the Investment Officer. To be eligible, a financial institution must meet at least one of the following three criteria: City of Ashland Investment Policy Revised November 2009 Page 5 of 7 a. Be a primary dealer of the Federal Reserve Bank of New York; or b. Report voluntarily to the F.R. B. of New York; or c. Affirm that it has met the securities dealers' capital adequacy requirements of the F.R. B. of New York continuously for the preceding 12 months. At the request of the City of Ashland, the firms performing investment services shall provide their most recent financial statements or Consolidated Report of Conditions for review. Further, there should be in place, proof as to all the necessary credentials and licenses held by employees of the brokers/dealers who will have contact with the City of Ashland as specified by, but not necessarily limited to the Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), etc. All dealers with whom the City transacts business will be provided a copy of this Investment Policy to ensure that they are familiar with the 'goals and objectives of the investment program. If the City hires an investment advisor to provide investment management services, the advisor is authorized to transact with its direct dealer relationships on behalf of the City. A list of approved dealers must be submitted to the Investment Officer prior to transacting business. 3. Competitive Transactions. The Investment Officer will obtain telephone, faxed or emailed quotes before purchasing or selling an investment. The Investment Officer will select the quote which best satisfies the investment objectives of the investment portfolio within the parameters of this policy. The Investment Officer will maintain a written record of each bidding process including the name and prices offered by each participating financial institution. The investment advisor must provide documentation of competitive pricing execution on each transaction. The advisor will retain documentation and provide upon request. VIII. CONTROLS 1. Accounting Method. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB). Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 2. Internal Controls. The City will maintain a structure of internal controls sufficient to assure the safekeeping and security of all investments. The Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program that are consistent with this investment policy. City of Ashland Investment Policy Revised November 2009 Page G of 7 Procedures will include reference to safekeeping, wire transfers; banking services contracts, and other investment related activities. The Investment Officer shall be responsible for all transactions undertaken. No officer or designee may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officer and approved by the Council. 3. External Controls. The City of Ashland may enter into contracts with external investment management firms on a non-discretionary basis. These services will apply to the investment of the City's short-term operating funds and capital funds including bond proceeds and bond reserve funds. If an investment advisor is hired, the advisor will comply with all requirements of this Investment Policy. The investment advisor will provide return comparisons of the portfolio to the benchmark on a monthly basis. Exceptions to the Investment Policy must be disclosed and agreed upon in writing by both parties. The Investment Officer remains the person ultimately responsible for the prudent management of the portfolio. Factors to be considered when hiring an investment advisory firm may include, but are not limited to: a. The firm's major business b. Ownership and organization of the firm c. The background and experience of key members of the firm, including the portfolio manager expected to be responsible for the City's account d. The size of the firm's assets base, and the portion of that base which would be made up by the City's portfolio if the firm were hired e. Management Fees f. Cost Analysis of advisor g. Performance of the investment advisory firm, net of all fees, versus the Local Government Investment Pool or other benchmarks over a given period of time IX. PERFORMANCE EVALUATION AND REPORTING The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The city's investment strategy is active. Preservation of capital and maintenance of sufficient liquidity will be considered prior to attainment of market return performance. A market benchmark will be determined that is appropriate for longer term investments based on the City's risk and return profile. When comparing the performance of the City's portfolio, all fees and expenses involved with managing the portfolio shall be included in the computation of the portfolio's total rate of return. This would include any in-house management of the funds, as well as outside management. The Investment Officer shall prepare monthly and quarterly compliance summary reports that provide details of the investment portfolio, as well as transaction details for the reporting period. Details shall be sufficient to document conformity with the provisions of the statutes and this City of Ashland Investment Policy Revised November 2009 Page 7 of 7 investment policy and shall include a listing of individual securities held at the end of the period. All investments owned will be marked-to-market monthly by the City's third-party custodian. The performance (total return) of the City's portfolio will be measured against the performance of the Local Government Investment Pool (LGIP) and the yield of the 91-day U.S. Treasury Bill. X. INVESTMENT POLICY ADOPTION BY GOVERNING BODY This investment policy will be formally adopted by the City Council. The policy shall be reviewed on an annual basis by the Investment Officer and the City Council. Material revisions to this policy will require a review by the Oregon Short Term Fund Board, pursuant to current Oregon Revised Statutes. CITY OF ASHLAND Council Communication A Resolution Adopting a Supplemental Budget Establishing Appropriations within the 2009-2010 Budget Meeting Date: November 17, 2009 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: Administration, Police, Secondary Contact: Public Works, nc Approval: Martha Bennet Estimated Time: Consent Question: Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? Staff Recommendation: Staff recommends approval of the attached resolution. Background: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing. A supplemental budget is needed to adjust the FY 2009-2010 budget. This is the SECOND supplemental budget of this fiscal year. It is for the items on the attached resolution, described as follows: 1. To recognize receiving three grants and appropriate $13,035 for Police Department expenditures relating to ODOT Speed Enforcement ($3,035), OACP Safety Belt Traffic Safety ($6,000) and OACP DUII Traffic Safety ($4,000). 2. To recognize a $2,630 Oregon alliance for Community Bicycle and Pedestrian commission grant received and dedicated for Siskiyou Boulevard Pedestrian Safety Education and to create appropriations in the Street Fund, Public Works Department, Street Division, Materials & Services. 3. To recognize the receipt of an additional $90,000 from Bonneville Power Administration for the FY 2009-2010 Conservation program. The additional appropriations will allow the Conservation Division to provide additional support to Ashland's customers in power use reduction and conservation beyond the original $65,000 budgeted. Page 1 of 2 CITY OF ASHLAND 4. To recognize a $2,850 City/County Insurance Service Worksite Wellness grant received and dedicated for the employee health programs and to create appropriations in the Central Service Fund, Administration Department, Materials & Services. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and a staff member from the department is available to answer questions. Related City Policies: Compliance with Oregon Budget Law Council Options: Council may accept this supplemental budget request as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: I make a motion to approve the attached resolution adopting a supplemental budget for FY 2009-2010 for the purposes specified. Attachments: Resolution adopting a supplemental budget establishing appropriations within the 2009-2010 budget Legal notice for November 13, 2009 Police Department memo dated 11/10/2009 on traffic enforcement grants Public Works Building Safer Communities Mini-grant report dated October 5, 2009 Electric Department memo dated 11/10/2009 7/20/09 on BPA additional payment for conservation Administration Department, Human Resources memo on CIS Wellness Grant Page 2 of 2 RESOLUTION NO. 2009- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2009-2010 BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department- Material and Services $13,035 13 035 Resource: Intergovernmental Revenues $13,035 130 5 To recognize receiving three grants and appropriate $13,035 for Police Department expenditures relating to ODOT Speed Enforcement ($3,035), OACP Safety Belt Traffic Safety ($6,000) and OACP DUII Traffic Safety ($4,000). Street Fund Appropriation: Street Department - Material and Services $2,630 $2.630 Resource: Intergovernmental Revenues $2630 $2.630 To recognize a $2,630 Oregon alliance for Community Bicycle and Pedestrian commission grant received and dedicated for Siskiyou Boulevard Pedestrian Safety Education and to create appropriations in the Street Fund, Public Works Department, Street Division, Materials & Services. Electric Fund Appropriation: Conservation Division - Material and Services $90,000 00 Resource: Intergovernmental Revenues $90,000 00 To recognize the receipt of an additional $90,000 from Bonneville Power Administration for the FY 2009-2010 Conservation program. The additional appropriations will allow the Conservation Division to provide additional support to Ashland's customers in power use reduction and conservation beyond the original $65,000 budgeted. Central Service Fund Appropriation: Administration Department - Material and Services $2,850 SM50 Resource: Intergovernmental Revenues $2,85 0 2 850 To recognize a $2,850 City/County Insurance Service Worksite Wellness grant received and dedicated for the employee health programs and to create appropriations in the Central Service Fund, Administration Department, Materials & Services. TOTAL ALL FUNDS 108 515 108 X15 SECTION 2. All other provisions of the adopted 2009-2010 BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of November, 2009: and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of November, 2009: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Public Notice of Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the fiscal year July 1, 2009 to June 30, 2010, will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on November 17, 2009, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after November 16, 2009 at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. GENERAL FUND Resources Requirements Intergovernmental Revenues - Grants $ 13,035 Police Department $ 13,035 TOTAL GENERAL FUND $ 13,035 $ 13,035 STREET FUND Resources Requirements Intergovernmental Revenues - Grants $ 2,630 Street Department - Operations $ 2,630 TOTAL STREET FUND $ 2,630 $ 2,630 ELECTRIC FUND Resources Requirements Intergovernmental Revenues - Other $ 90,000 Conservation Division $ 90,000 TOTAL ELECTRIC FUND $ 90,000 $ 90,000 CENTRAL SERVICES FUND Resources Requirements Intergovernmental Revenues - Grants $ 2,850 Adminstration Department- Human Resources $ 2,850 TOTAL CENTRAL SERVICES FUND $ 2,850 $ 2,850 TOTAL ALL FUNDS $ 108,515 $ 108,515 To recognize grants and other unanticipated resources to be received in FY 2009-2010 to fund Police driver safety enforcement efforts, Public Works traffic safety program, Electric Department's energy conservation program and Administrations Employee wellness program. Memo DATE: November 10, 2009 TO: Martha Bennett, City Administrator FROM: Terry Holderness, Police Chief RE: Supplemental Budget for Grant Awards The Police Department has received three grant awards related to traffic enforcement. Following is a list of the grants and what the money will be used for. ODOT Speed Enforcement $3,035 This was awarded for the purchase of a new Lidar unit. Lidar is a device that uses light instead of radio waves to measure vehicle speed. OACP Safety Belt Traffic Safety Grant $6,000 This money can only be used to pay overtime for officers involved in seatbelt enforcement activities. OACP DUII Traffic Safety Grant $4,000 This money can only be used to pay overtime for officers involved in DUII enforcement activities. 2008-2009 BUILDING SAFER COWA'IUNI•I-IFSHINI-GRANTS ONr.CON Mini-Grant Final Evaluation Report Date: October 5, 2009 Agency: City of Ashland Public Works Project Title: Siskiyou Boulmml Pedestrian Safety Education Rcimbtirscmeni Request: $ $2,629.41 Match AmOLInt: $ 560.00 Period of Report: Start it) September 30, 2009 Staves of OhjcctiacS: OBJECTIVES: Proeress/Uatc Cons feted: I. I lire _"Iaphic designvt' ut dcvQIop pedestrian sal'ov campaign ldentit}, bnsed on NI I'1'SA IV1av 16, 2009 nui'ur'llanspurtatiun 9d''ety Division media. ! •Pun:hate Supplies to include pens. stickers. llashl It, Ills. ;oul bIinkim, Iights ttitIt campaign > April 24, 2009 a@ I idenuiv ,It thr"'- September 2, 2009 I Host a mininmm ofheo mnreach preservations during evcots such as student nnentation. - September" 29. 2009 residtmial hall mcetinus. and on-campus health fair. I 4. S~ta or huts mom events held anal attendance al events. September 29, 2009 Drcakrhtacn of Rc(ucstcd Reimbursement and Reported Match: r Mini-Grant Funds i local Matching - - Personnel' Volunteer Time" S240.00 1 _ [qui menu In Kind Staff it 5320.00 l Supplies _ Equipment Printing 52,629.41 Printing I m Other E Other I Total 152.929.41 _ Total 5560.00 OVER.U.E PROJECT STATUS: 0 In Pntgress (csplain below) ❑Supporr doctrntentation %%ill be submitted be ❑Seht-dulcd to begin ((ate) (date) 01'n Jblcm with cumplcriun because (csplain bclrnt) Spending on hack as planucd QX Support dncuntcoratiun auaehcd []Spending nor on track (csplain below) E~nlanation/I-retail On ProMct St ttus- Oo,genre Icucnccatl, if nrailnblc, plrt.c provide an overall cs-aluariun of the project. Whar tacrc highlighr.? What was learned= I low w;l> this grant hclptidt'I'hcse :mt• just rsautple= of whot could be included in this tinal report. Please include anv additional information cots would like n> :hare. Sce auachrd Ielter artal exhibits Authorizing-Ofticial: Nlanha j" Rcuncrc SiglintIZ: / 4//'~ l M'I:S t)ra;goo altprov:d ' Bate: ✓~~1 - (OFFIC t t'sh ON [.l} r I",p=,., a rt:.,,;p „4p, ~.bn:n: i ft 11~ ~ ;r.un>~?bn i~..4 Grun'•,?liai Gems a.p•n' In i iet.b rc CITY OF ASHLAND Memo DATE: November 10, 2009 TO: Lee Tuneberg FROM: Dick Wanderscheid RE: Supplemental Budget The City of Ashland's Conservation agreements with the Bonneville Power Administration provides for two different types of funding sources. There is a discount on our monthly power bills that we must reinvest in conservation or renewable energy activities until the discount has been retired. This program is called the Conservation and Renewable Discount Program (C and RD). Once that discount has been satisfied funds can then be requested under our other BPA program the Conservation Acquisition Program (CAA). The City of Ashland has satisfied our discount for this federal fiscal year and so we recently billed BPA for eligible activities under the CAA program. We will soon be receiving a payment from BPA of $153,561 for these program activities. When the budget was prepared we didn't anticipate the amount of activity that would be funded by BPA so we budgeted only $65,000 in expenditures. Because of this increased activity we need to add another $90,000 in appropriations to our BPA funded conservation budget line item to recognize this increased revenue. This supplemental budget will allow us to continue to provide BPA funding for Conservation to our customers throughout the remainder of the City's fiscal year. Feel free to call me if you have questions or need further assistance in this matter. Electric Dept. Tel: 541-488-5357 90 N Mountain St. Fax: 541-552 2436 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us CITY OF ASHLAND Memo DATE: October 28, 2009 TO: Lee Tuneberg, Administrative Services/Finance Director FROM: Tina Gray, Human Resource Manager RE: Supplemental Budget The City will be receiving $2,850.00 this year from a CIS Wellness Grant award. We will be using the 'funds for various wellness activities in the Citv in accordance with the CIS grant requirements. I would like to request that you recognize the CIS Wellness Grant it in the next Supplemental Budget so we can use the funds. Thanks. Tina ADMINISTRATIONMUMAN RESOURCES Tel: 541-088-6OD2 20 E. Ma61 Street Fax: 541.4885311 Ast0". OrW 97520 TTY: 800735 2800 www.ashiane.or.us CITY OF ASHLAND Council Communication Fiscal Year 2009-10 First Quarter Financial Report: July - September 2009 Meeting Date: November 17, 2009 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent Question: Should Council accept the quarterly report as presented? Staff Recommendation: Staff recommends Council accept the quarterly report as presented Background: The Administrative Services Department normally submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Information can be provided in differing formats and timetables at Council's request. Financial numbers for the first three months are always difficult to present and subject to change as the Administrative Services Department is busy completing the prior year audit and annual report thus, financial information carried forward in this document are not finalized and subject to change. Additionally, with only three months to report on, it becomes difficult to evaluate our current financial position as compared to the adopted annual budget or to project our position at year end due to the receipt or payment of annualized amounts and seasonal activities like construction or utility consumption. Staff cannot adjust these reports for all such deviations. The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2009-10 budget document and the manner in which it will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. Overview After many years of declining cash balances the City has leveled out and this quarter's cash is 2.3% or $386,446 higher than last year's $16.84 million. There are many factors contributing to this stabilization but the overarching reason is the City deferring operational and capital costs until revenues can be generated and reserves reestablished. Part of the improvement is last June's Water and Wastewater combined bond issue reimbursing for $1 million in projects costs paid from cash reserves. Total Ending Fund Balance at the end of this quarter is $17.9 million, about $900,000 more than the prior year and $2.4 million more than budgeted and directly attributable to reduced operational and Page 1 of 6 CITY OF ASHLAND capital expenditures in recognition of changes in some revenue streams and increases in utility rates in anticipation of fixed costs. Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix Council Options: Council may accept this report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. If removed from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the financial report as presented. B. Council moves to accept the report as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Attached is the City of Ashland financial report for the period ended September 30, 2009. This report includes: 1. Financial Narrative (pages iii-vi) 2. Summary of Cash and Investments as of September 30 for the last two years (page 1) 3. Combined Statement of Financial Position City Wide (page 2) 4. Schedule of Revenues by Fund (page 3) 5. Schedule of Budgetary Compliance per Resolution #2009-23, amended (pages 4-7) 6. Schedule of Expenditures by Fund (page 8) The numbers presented are unaudited and unadjusted. Page 2 of 6 C I T Y OF ASHLAND Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The city-wide cash balance has increased $386,446 between fiscal years at the end of September to $17,225,130. This increase represents a "stabilization" of cash flows by design through reductions in spending and adjustments to revenue streams where possible. This slight improvement is important, especially since cash balances tend to drop in the first quarter when operations funded by property taxes continue, in advance of tax proceeds to be received in November. Please note that the General Fund and Debt Service Fund show a reduction in cash attesting to the draw on cash but the Parks & Recreation Fund remained almost flat. In prior years the reductions in cash have been significantly larger and were only minimized by the preparatory steps taken in the last half of the prior fiscal year. Also of interest is the fact that enterprise fund (Water, Wastewater, Electric & Telecomm) cash levels have flattened or improved while internal service fund (Central, Insurance & Equipment) cash balances have all decreased by approximately $400,000 each. Utilities have been made to balance revenues and expenses but the internal service funds are under funded at the end of this quarter. The distribution of cash and investment balances shows a decrease in the amount held in the Local Government Investment Pool of $8.4 million and a $9.0 million increase in other City Investments. The City Recorder/Treasurer has moved monies into other investment instruments to provide for increased protection and yield on monies held. Cash held on hand in General banking accounts has also been reduced 15% to less than $1 million in keeping with cash flow needs. The Combined Statement of Financial Position is similar to presentations presented in the annual financial report. It is intended to provide the reader an overall sense of the City's financial position at the present time. Unappropriated Ending Fund Balance (EFB) is $17.9 million. This is significantly (15%) more than what has been budgeted for the end of this fiscal year and 5% above the amount held last year at this time. EFB budgeted is predicated upon certain levels of revenue yet to be received (like property taxes) and proceeds from financing such as bond proceeds. Total revenues are 1 % less than those for the first quarter in the prior year. The other side of the equation is budgeted expenditures which, if less than adopted, will raise the ending balance. Total requirements are 5% less than those for the first quarter in the prior year. Both contribute to the increased EFB. Revenues and Budgetary Resources at September 30, 2009, total $12,684,719 as compared to total year-to-date requirements of $14,826,795 which results in a $2.1 million decrease to Unappropriated Ending Fund Balance. This reduction directly relates to the timing of receipts and expenses. It is still early in the year and there will be changes in revenues and expenses that will alter this comparison and bring these numbers closer to budget. Total Revenues on a city-wide basis are slightly below ($25,000) but consistent with the prior year. General tax receipts, Intergovernmental and Charges for Services revenues are up but Page 3 of 6 CITY OF ASHLAND other categories, like Licenses & Permits, Systems Development Charges, Interest on Investments and Miscellaneous Revenues are down. None of the budgeted $965,600 in external financing has been done and only 25.7% of internal transfers were completed in the first quarter. The $81,600 in Interfund Loans is the Airport Fund paying the Water Fund principle and interest for a loan done four years ago as part cash flow shortfalls when runway improvements and hanger construction were in progress. Additional interest will be paid later this year after a transfer of appropriation or in the following budget year. Total Requirements are at 22.1 % of the annual budget for this "first quarter" of the year with most categories under the 25% mark. Materials and Services are at 25.1 % of budget reflecting annual expenditures like insurance premiums being paid in the first quarter, elevating the percentage rate as compared to budget. Total Operating Expenditures are at 25.1 % for the same reasons with debt service expenditures at 29.2% of budget due to the timing of payments per contracts and obligations. Capital Outlay is only 3.1 % of the annual budget and less than one fourth the amount expended in the prior year. Budgetary Requirements activity includes $132,083 Transfer Out related to debt service requirements and the Interfund loan payback mentioned above. Contingency is unchanged at this point, remaining at the budgeted $1,720,000 but there will be adjustments in the second quarter of the year. The Schedule of Revenues by Fund provides an overview of total resources by fund for the year. It is too early in the year to make predictions since many funds include financing or seasonal revenue streams that have not occurred as of the date of this report. More telling information is found later in this report in the individual fund narratives. The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund consistent with the resolution adopting appropriation levels in the budget compliance section of the document. Unless indicated otherwise, all appropriations are as adopted. One revision has been done. A supplemental budget in the General Fund, Police Department increased appropriations by $105,896 to use grant monies for park patrol. An overview by fund is as follows: General Fund - Total revenues are 15.8% and expenditures are 23.9% with no Contingency used. Intergovernmental, Charges for Services and Fines are all above 25% of budget and slightly ahead of last year's first quarter. Tax collections are 13.1 % of budget but $120,000 ahead of the prior year reflecting increased user tax and franchise payments. Licenses and Permits are 21.2% of budget year to date and $640,000 down from the prior year, indicating a continued slow down in development services and the economy. Fund balance carry forward was 17% ($315,000) higher than budgeted as compared to the prior year's 31 % or $550,000 more than budgeted for that year. An increased carry forward is a positive variance but a shortfall between revenue and expenses for this fund remained in FY 2009. CDBG Fund - Expenditures have primarily been for staff work and program expenses totaling $52,765 decreasing EFB since no revenue has been received to date. Page 4 of 6 ~r, CITY OF ASHLAND Reserve Fund - No Expenditures are budgeted. $52,186 has been set aside thus far. Street Fund - A positive cash flow year-to-date has been recorded with $747,714 in charges, interest and intergovernmental revenue and $649,274 in operational expenses. First quarter revenue exceeds expenditures by $98,439, down $20,000 from the amount reported for the first quarter last year. EFB carry forward was 15% ($319,000) higher than budgeted. Airport Fund - A negative cash flow of $96,128 been recorded due to debt service, operating costs and the Interfund loan repayment of $81,600 exceeding the first quarter lease payments. Fund balance carry forward was $2,860 lower than budgeted due to lease revenue being less than projected. After repaying the Water Fund the EFB is $4,323, well below the policy target of 16% of annual revenue or approximately $17,000. Capital Improvements Fund - Charges for service are similar to the prior year first quarter with $341,896 in total revenue. Revenue from Internal service charges are 25% of budget and Miscellaneous charges for service are 55.7% All other revenue categories including Taxes, Intergovernmental, SDCs and Interest earnings are well below 1/4th of the budgeted amounts. However, Total Expenditures are below 25% for the first quarter resulting in a $55,974 increase to the EFB, raising it to $1.5 million. Debt Service Fund - Charges for service, Taxes, Transfers and Interest total $635,440 (including Telecommunications Fund's $356,000) with Debt service payments (44.3% of . budget) totaling $1,059,034 for a decrease in EFB of $423,594 year to date. The Ending Fund Balance carry forward from 2009 was 74% of budget. A solution for the AFN debt service and the annual shortfall of approximately $400,000 service is needed by FY 2010-11. Water Fund - Revenue year to date exceeds expenses by $388,392 half of that amount matches the performance for first quarter last year and the remainder is due to the rate increases done in FY 2009. Charges for services (water sales) are 12% ahead of this time last year however, the affect of curtailment will not be known until the middle of November. EFB carry forward is $0.5 million more than budgeted since some capital projects were not completed by June 30 requiring the work to be done this year. Wastewater Fund - Revenues are a little ahead of expenses year to date providing a $116,288 addition to this year's EFB. EFB carry forward from 2009 was $328,709 less than budgeted because only $300,000 in financing was done by June 30, reimbursing the fund for only a portion of capital expenses paid from reserves. Charges for services are 21 % ahead of the same period in the prior year due to rate increases. Only $73,283 has been recorded this year for F&B tax revenue. This is better than the prior year at this time but more telling information will not be available until middle November. Electric Fund - Total revenues are slightly above expenses in the first three months resulting in a $168,325 increase in fund balance. Sales for this year were less than 1 % greater than last fiscal year's first quarter. Carry forward was over $265,000 more than projected partially Page 5 of 6 ~r, CITY OF ASHLAND due to reduced expenditures as required to improve the EFB. This should help improve this year's budgeted EFB of $649,494, getting it closer to the policy target of $1.5 million. Telecommunications Fund - Revenue is at 23.9% of budget. Expenditures exceed revenues by $245,000 but include this fund's portion ($356,000) of the Debt Service on AFN GO bonds. Fund balance is $688,578 or $363,443 (112%) above budget and will be needed to pay for the $400,000 shortfall in the Debt Service Fund directly attributable to the debt related to AFN startup and build out. Central Services Fund - Revenues are a little below Expenditures for a negative cash flow of about $10,690 year to date. Carry forward was 97.3% of projected and the current EFB is $154,181 or about the minimum that this fund should have. No Contingency has been used. Insurance Services Fund - Expenses total $357,196 (39.2% of budget) representing annual premiums being paid as compared to only $171,528 (25.2%) in revenue (primarily internal charges) collected. None of the $150,000 Contingency has been used and the EFB carry forward from 2009 was $703,215 or 90.8% of projection. Due to recent legislative changes the City must watch this fund and build reserves whenever possible. Equipment Fund - Internal Revenues are 23.3% of the budget and Expenditures are at 14.3% resulting in a 191,623 increase to fund balance at this time. The majority of acquisitions ($334,000) are slated for'later in the year. EFB of $1.0 million is low but will improve during the rest of the year. Over $600,000 is owed to this fund by the CIP fund in which Clay Street was purchased. Cemetery Trust Fund - Charges for Service are 19% of budget. Interest earnings are at 6.8%. Interest earnings are transferred to the General Fund periodically through the year. The EFB is $797,221 at September 30. Parks and Recreation Fund - Expenditures are ahead of Revenues by $912,001 awaiting property taxes to be collected in November. Divisional expenses average 26.7% of the budget with revenues at 6.7% leaving $474,315 as fund balance (32.7% of budget). This is consistent with the prior year. Ashland Youth Activities Levy Fund - The levy has ended and delinquent tax receipts are periodically paid to the school district. Parks Capital Improvements Fund - Only $3,707 has been recognized as revenue and no expenditures have been made. Only $166,991 (82.2% of budget) was carry forward and the current EFB is $170,698 or 59.4% of budget for FY 2010. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Administrative Services Department office should you require any additional information. Page 6 of 6 City of Ashland Summary of Cash and Investments September 30, 2009 Balance Balance Change From Fund September 30, 2009 September 30, 2008 FY 2009 General Fund S 1,122,521 S 1,305,663 $ (183,142) Comnundy Block Grant Fund 18,438 40,492 (22,054) Reserve Fund 52,204 52,204 Street Fund 2,476,915 2,210,524 266,391 Ai" Fund 1,300 77,676 (76,376) Capital lnyrovemerds Fund 1,496,363 1,070,178 426,185 Debt Service Fund 646,799 966,456 (319,657) Water Fund 2,171,044 1,508,732 662,312 Wastewater Fund 3,677,699 3,631,633 46,066 Eloclric Fund 1,110,336 548,263 52,073 Teleconvrnulications Furl 534,899 474,619 60280 Central Services Fund 406,149 804,646 (398,497) Insurance Senwces Fund 796,030 1,187,800 (391,770) Equipment Fund 1,041,378 1,476,434 (4$5,056) Cemetery Trust Fund 794,016 774,491 19,525 $ 16,346,093 $ 16,077,608 $ 268,485 Parks & Recreation Agency Fund 879,037 761,076 117,961 879,037 761,076 117,961 Total Cash Distribution $ 17,225,130 $ 18,838,884 $ 388,446 Mannerot mestment Petty Cash $ 3,210 $ 3,560 $ (350) General Banding Accounts 991,029 1,164,886 (173,857) Local Government Inv. Pool 6,773,500 15,170,238 (8,396,738) City Investments 9,457,390 500.000 8,957,390 Total Cash and lnvestrrents $ 17225,130 $ 16,838,684 $ 386,446 Dollar Distribution Cash Balance Distribution Qaima Alv~ seoo.000 Cema16eecn, ruVt 2% s1e/1i'1 SY NOM {CevM 5% UveVrcbO 1514 W ~"^'~1 $7,7aa,991 yy 45% 6aC6 aw~~rl 58216,0!0 3M oea ReM VW Ams FaebO f i.SAt.67/ o1w, aeSe4'64 $Y37,487 BimVma TryeruW $406.167 1% MY M )FNMfIl4bIN?LfYAWY lemma 1 City of Ashiand Combined Statement of Financial Position City Wide For Me third' month ended September SO, 2009 I a I Fiscal Year2010 Percent Fiscal Year 2009 Year-TOOM Flseal Year 2010 Collected! YOM-TO-Date Resource Summary Actuals Amended Expended Balance Actuab Revenues ` Taxes $ 1,723,974 $ 18,157,555 9:5% $ (16,433;581) $ i,SWAU I Licenses and Permits 129,824. 612,500 212% (482,676) 446,923 I Inmrpovemmental Revenues 367,616 5,421,601 6.8% (5,053,985) 342,424 Charges for Services - Rate It internal 9,694,498 . 35,155,205. 27;6% (25,460,707) 9,161,510 Charges forServics - Mist.Servicefees 216,443 1,408,370 15.4% (1,191,927) 367,672 System Demwnem Charges 54,550 78,450 69.6% (23,900) 141,849 Flrxsand Forfeitures 51,659 142A00 36.4% (90,341) 51,164 Assessment Payments 2,017 18.110 11.1% (16,093) 12,484 Interest on lmesbnents 35281 .375;300 9A% (340,020) 127,661 ' Wsee9ansous Revenues 195,174 465;165 42.0% (269.991) 338.166 Total Revenues 12,471,036 61,834,256 20.2% (49,363221) 12,576,188 Budgetary Resources: Offer Financing Sources - 965,600 0.0% (965:600) interlund Loess 81,600 00,000 _ 102.0% ,1,600 Transfers In 132,083 513,546 25.7% 1381,4631 93,576 Total Budgetary Resources - 213,683 1,559,746 13,7%' - !1,345.463) 83,576 Total Resources 12,684,719 63,31,402 20.0% {50,708,68) 12,659,761 Requirements by,ClassiBdallon Personal Services 5,482,819 22,725,023 24.1% 17242204 5,685,873 Wedels and Services 7,409,947 29,493,402 25.1% 22,083,455 7.647,337 Debi Service 1,484,61 5,088,701 • 292% 3.604;016 1,327,5M Total Operating Expenditures 14,377451 57307126 25.1% 42,929,676 14,660,530 cow Construction Capital Outlay ` 235.658 7560,854 3.1% 7,325,196 922,127 Intedund Loans .61;600 $0,000 102.0% (11600) Transfers Out 132,063 513,546 25.7% 381,463 $3.576 Comingerraes 1.720A00 010%. 11720.000 Teal BudgetaryReprirements 213,883 2,313,646 92% 2,099M 83,578 Total Requirements 14,826,795 67,101X O 221% 4354,734 15t_3 Excess (Deficiency) of Resources over Requirements (2,142.076) (3,788,126) 43.5% 1,646,050 (3.006,469) wort g Capital carryover 20,080;143 19,351,053 103.8°1 729,090 20,052.793 Unappropriated Ending Fund Balance $ 17,838,06? $ 15,562;927 115.3% S 2,375,140 S 17A46,924 ' j 4ri,wW lxw4grY 2tiltAe iv+ras 2 - City of Ashland Schedule of Revenues By Fund For the third month ended September 30, 2009 FIWW Year 2010 Fiscal Year 2909 Yesr•To47ate Fiscal Year Percent to Year-To-0ate Revemies by Fund Actuals 2010 Amended Budget Balance Actuate City General Fund $ 2,279,447 S 14,454,803 158% S (12;175,356) S 2,419,623 Corma nity Block Grant Fund 493,958 010% (493,956) - Reserve Fund 52,204 215.000 24.3% (162,796) - Street Fund 747,714 5,424,465 13.8% (4,676,751) 781,857 Airport Fund 24,977 108,000 at% (83,023) 25,231 j Capital Inprovenenta Fund 341,896 2,870,055 11.9% (2,528,159) 344,513 t Gebl SerAw Fund 635,440 2,086A6 30.5% (1 A50,856) 638,454 Water Fund 1,872,5 4,806,295 39.0% (2,94773) 1,634,210 Wasteurater Fund 942,765 5,480.125 17.2% (4,837,340) 822,515 - ! Elect is Furl 3,033,564 12,407,900 24A% (9,374,338) 2.918,822 Telecanmunkatkrns Fund 445,269 11861,5m 23.9% (1,416231) 440,118 Central Services Fund 1,425,040 5,809,000 24.5% (4,383,960) 1,588,403 Insurance Sei*w Fund 171,525 680000 252% (506,472) 185,958 EqugimentFund 381,249 1,550,200 23.3% (1,188,951) 332,371 CemetaryTrust Fund 51109 40,500 124% ..(35;391) 11,152 Total City Components 12,338,744 SOAK097 212% (45,949,353) 12,143,727 j Parks and Recreation Component Parka and Recreation Furl 331,022 4,921,305 6,7% (4;5W,283) 487,416 "Ashland Youth &*ftft Levy Fund 1 247 100,000 112% (88,753) 26,806 Parka COWllmprovementFund 3,707 84,000 4.4% (80,293) 2,315 ~ total Panca Cornments 345,975 5,105;M5 6.8% (4,759,33O) 516,637 TOW City 12,684;719 63,393,402 20.0% (50,708,683) 12,659,764 Working Capital. Carryover 20,080,143 19,351,053 10318% 729,0 20,652,793 Total Budget S 32,764,882.. S 82,744,455. 39.6% 5 S 32,712,557 '~nnwa~estmxfla~~e ,amzw 3 i City of Ashland Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolution # 2009-23 For the third month ended September 30, 2009 Fiscal Year 2010 Year•To-Data' FlscatYear2010 Percent Actuals Amended Used Balance General Fund Administration $ 42,388 $ 201,590 21,0% $ 159,202 Administration - Library 86;197 355,088 243% 268,891 Admin6tation - Municipal Court 100,718 419,924 24.0% 319,206 Administrative Services - Social Services Grants 118,402 120342 964% 1,940 j Administrative Services - Economic & Guttural Grams 262,067 570,000 46.0% 307,933 Administrative Services - Usceltaneous 10,385 45,000 23.1% 34,615 Administrative Services - Band 36,101 57,619 62.7% 21,518 Poke Departmem 1,303,914 5,565,328 23.4% 4,261,414 Fire and Rescue Department 1,127,202 5,085,705 22.2% 3,958.503 Public Works - Cemetery Division 83,964 310,305 27.1% 226,341 Community;Development - PlanningD•vision 262,312 1,214;363 21.6%. 952,051 Community Development - Building Division 151,876 656,331 23.1% 504,453 Transfers 5DD 0.0% 500 Contingency 400.000 0.0% 400,000 Total General Fund 3,585,528 15,002,095 23.9% 11,416,567 Community Development Block Grant Fund Personal Services 9,470 38;000 24.9% 28.530 Materials and Services 43,295 455,958 9.5% 412,663 Total Community Development Grant Fund 57765 493;958 10.7% 441,193 Street Fund Public Works- Street Operations _ 456,144 4,118;258 11.1% 3,662,114 - ! Public Works - Storm Water Operations 137,491 620,878 22.1% 483,387 Public Works - Transportation SON -916 274,000 0.3% 273,084 Public Works - Storm Water SDCs 561,400 0.0% 561,400 Public Works- Local lmprovementDistricts 2,537 196,098 1.3% 193,561 Transfers 52,188 215,000 24.3% 162,814 Contingency 88=0 0.0% ° 88= Total Street Fund 649,274 6,073,634 10.7% 5,424,360 Airport Fund " Materials and Services 20,237 78,750 25.7% 58,513 Debi Service 19,268 38,537 50.0% 19,269 Other Financing Uses (Intedund Loan) 81,600 80,000 102.0% (1,600) Contingency 5;000 0.0% 5,000 Total Airport Fund 121,105 202,287 59.9% 81,182 ~FiasiJ Pqut9~pbFY ana,s m-artw - 4 Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolution #2009-23 For the third month ended September 30, 2009 Fiscal Year 2010 Year-To-Date Flscall Year 2010 Percent Acbmis Amender! Used Balance Capital Improvements Fund Personal Services 44,157 181,905 24;3% 137,748 Materials and Services 70,109 361,905 19.4% 291,796 Capital outlay 891999 1,408,690 6.4% 1;318,691 Debt Service 3,125 - NIA (3,125) Transfers 78,531 278,046 282% 199,515 Contingency 50,000 0.0% 50,000 Total Capital Improvements Fund 285,922 2,280,546 12:5% i 994,824 Debt Service Fund Debt Service 1,059,034 2,390,635 44.3% 1,331,501 Total Debt Service Fund 109,034 2,390,535 44;3% 1,331,501 f Water Fund Electric -Conservation 42,125 178,292 23.6% 136,167 Public Works - Forest Lands Managemerd Division 48,621 260;420 18.7% 211,799 Public Works - Water Supply 47,057 315,616 14.9% 268,559 PublicWorks - WaterTreatment 274,196 1,070,748 25.6% 796,552 Public Works - Water; Division - 667,888 2,486,783 26.9;6 1,818,897 Public Works -l1eimburseinientSDC's - 600 328,750 02% 328,150 Public Works - Improvement SDC s 388 266,250 0,11% 265,862 Public Works -Debt SDCs 108,879 123;446: 882% 14,567 Contklyency - 139,000 0.0% 139,000 Total Water fund 1;484,131 51802$28 25.6% 4,318.692 WastaWater Fund Public Works- Wastewater Collection 402,389 1,858,499 24.3% 1,258,110 Public Works- WastewaterTreatmeni 423239 2,155,544 19:6% 1;732,305 Public Works- Reimbursements SDC's 870 127;990, 0.7% 127,020 Public Works - InviovernemsSDC's 5MI000 . 010% 550,0 01). Debt Service - 1,877,557 0.0% 1,877,557 Contingency' _ 150;000 0.0% 150,000 i. Total Wastewater Fund 826,498 - 6,519,490 12.7% 5,692,992 Electric Fund Electric -Conservation Division 191,122 504,498 37.9% 813,376 Electric -Supply 1,139,240 5,905,204 19.3% 4,765,964 'Electric - Distribution - 1,287.430 5,432,581 23.7% 4,145,151 Electric - Transmission 247,447 9031600 27.4% 656,153 Debt Service 25,108 0.0% 25,108 Contisn9emy 372,000 0.0% 372,000 Total Electric Fund : 2;865,239 13,142,991 2118% 10,277,752 a!idcaocva~ma. 5 - i Schedule of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolution # 2009-23 For the third month ended September 30, 2009 Fiscal Year 2010 Year-To-Date Fiscal Year 2010 Percent Actuate Amended Used Balance Telecommunications Fund IT • Internet 265;832 1,364,228 1915% 1,098,396 IT - High Speed Access 68;527 387,1134 17,7% 319,307 Debt - To Debt Service Fund " 356,000 356,000 100.0% Contingency 100,000 0.0% 100,000 Total •Telecommunications Fund 690,359 2,208,082 31.3% 1,517,703 "Able: In Internet appropriation i Central Services Fund Admmnishatarn Department 317,928 1,311,716 24.2% 99;1,790 Administrative Services Department 413,358 1,679,890 24.6% 1,266,532 IT - Computer Services Division 312,599 1,145;133 27.3% 632,534 City Recorder 70,681 277,539 25.5% 206,858 Public Works - Administration and Engineering 321,166 1,383,370 232% 1,062,204 Contingency 169,000 0.0% 169,000 Total Central Services Fund 1,435,730 5,966,648 24.1% 4,530,918 Insurance Services Fund Personal Services 19,861 80,13024.84% 60,269 Materials and Services 337,335 680,803 49.5% 343,468 Conlingency 150,000 0.0% 150,000 Total Insurance Services Fund 357;196 910,933 392% 553,737 Equipment Fund Personal Services 69,979 288,120 243% 218,141 Materials and Services 98;2D8 515.009. 19:1% 416,801 Capital Outlay 1,439 334,000 0.4% 332.561 Contingency 47,ODD 0.0% 47,000 Total Equipment Fund 169,626 1,184,129 14.3% 1,014,503 Cemetery Trust Fund ' Transfers 1,385 20.000... 64% 18:635 Total Cemetery Trust Fund 1,365 20,000 6.8% 18,635 w i araamiaaw~aaoarmam - Schedule. of Budgetary Compliance Per Resolution #2009-15 As Amended by Resolution # 2009-23 I For the third month ended September 30, 2009 i I t Fiscal Year 2010 Year-To-Date Fiscal Year 2010 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Division 836,783 3,319,100 25;2% 2,482,317 k Recreation Division 290,984 1,115;875 26.1% 824,891 Goff Division 115,255 398,420 28.9% 283,165 Contingency 50,000 010% 50,000 Total Parka and Recreation Fend 1,243,023 4,883,395 25.5% 3,640,372 Youth Activities Levy.Fund MatenalsandSeMoes 1()0,000 0.0% 1001000 Total Youth Activities Lovy.Fund 100,000 0.0% 100,000 Parka Capital Improvement Fund Capital Outlay NIA Total Parks Capital Improvement Fund MA Total Appropriations 14;828;7 5 67;184;528 22,1% 52,353,733 i r i i a cram rkw+s,vmcr m,aa Faa»o - 7 City of Ashland Schedule of Expenditures W,rund Sapcerrstior 30r zo09 , Fiscal Year 2010 Fiscal Year 2W9 Vear-Tatlate- Facet y Percent Year-To-Data 0equi, ts 6y Fund Actual& 2010 Amended £zpanda! Balance Actuals Ctty Funds y General fund $ 305,528 $ 15;002,085 23,9% $ 11,416,587 $ 3,799,498 Cormiiunily Block{ rant Fund 52.765 493;858 10.756 441,193. 5,3}7 Reserve R w WA - Street Fund 649,274 6,073,634 10756 5,424;30 662;494 Aspa#Ftad, 121,105 202;287 59.9% 81,182 32054 i Capital lmprmreirle tsFund M,922 2,260,54$ 12.5% 1,994,624- 403;6W, DWSer*eFund 1,0%,034 2,390 ,45 44.3% 1,331,561 912;9 Wider Fund 1,464,131 5,802,828 25°8% 4,316,692 1,437;961 WasteaaterFund 826,496 6,519,496 12.756 5,692,992 615,632 Electric Fund 2,865,239 13,142,991 21.8% 10,277,752 3,183818 Telecommunications Fund 690,359 2,2 ,062 31.3% `.1,517,703 734,706 Ce*at Swim ' Fund 1,435,730 5,986,fu18 24A%, 4,531,916 1,378;746 Insurance 8 Fund 357,19- 910,' i 39,204 553,737 425;970 EqulpimtFund 169, 1,184,#29 14.3% 1,014,503 359;012 Cemetery Trust Fund 1 20,000, 6.8% 181635 5;357 Total CityCompcrnmts '18,563,772 62,19kul 21.8°k. A8,614,554 14,167,201 Parkland Rtatmilon Cornsionant ParksandR Fund 1,243,023 4,863385 25.5%°. 3,640;372 1,327,085 YoulaAC 16%L"Fund 100,000. OA% 100,0w 121,0w Parks Capital tm is Fund, 60.947 Total Pecks Cant 1,243,023 4,983x398 , '24.9%,, 3,74%372. 1,9,032 Total A"u ts4Fund' ' 706 67,181,528 22.1% 52,364,731 16,666,233 Ending Fund Balance 17,936,067 r. 1556Z827 115.3°6 2,375,140;. 17,046 3 Total Budge :$32,764,9O P 62,7 39.01 $ 64,724,870 $ 32,712,567 3 j YF %aq So 70 FYI MO A r - - CITY OF ASHLAND Council Communication Award of Engineering Services for the Jefferson Ave. Extension (Brammo) Project (AMENDED November 16, 2009) Meeting Date: November 17, 2009 Primary Staff Contact: James Olson 552-2412 Department: Public Works E-Mail: olsonj@ashland.or.us Secondary Dept.: Finance Secondary Contact: Mike Faught Approval: Martha Bennett Estimated Time: Consent Agenda Question: Will the Council approve an engineering services contract with KAS & Associates, Inc. in the amount of $28,425 to complete the preliminary engineering and provide construction engineering services for the Jefferson Avenue Extension (Brammo) project? Staff Recommendation: Staff recommends that the Council approve an engineering services contract with KAS & Associates, Inc. in the amount of $28,425 to complete the preliminary engineering and provide construction engineering services for the Jefferson Avenue Extension (Brammo) project. Background: Executive Summary On February 7, 2007 a special public works fund of $900,000 was authorized through the Oregon Economic and Community Development Department (OECDD) to fund the construction of the extension of Jefferson Avenue to provide services and access to the proposed Brammo Motorsport facility. The fund is a $500,000 loan and a $400,000 grant and is detailed under Contract No. B06003, a copy of which is attached. Under this agreement the City is listed as the borrower, but the economic development is dependent upon the construction of the Brammo Motorsport facility owned by Craig Bramscher. The City's original contract with Craig Bramscher required that Mr. Bramscher deliver the fully designed and permitted project to the City whereby the City would bid the work as a standard public works construction project. All permits, plans, specifications and contract documents were to have been provided by professional consultants under contract with Mr. Bramscher. Unfortunately, this work is still not complete and since the OECDD agreement requires that the project proceed expeditiously, there is concern that the funding might be lost if the project is not fast-tracked. Prior to this date, the professional engineer and other consultants have been under the employ of Mr. Bramscher and not the City of Ashland. In order to acquire the control needed to expedite this project it is necessary that the City employ KAS & Associates directly. Other consultants including Polaris Land Surveying LLC and Laurie Sager and Associates Landscape Architects, Inc. would be included in the contract as sub-consultants to KAS & Associates, Inc., but would not be directly employed by the City. Page I of 5 GApub-wrks\eng\05- 10 Jefferson St Extension\adm\05-10 CC KAS Contract Brammo amended 11 16 09.doc CITY OF ASHLAND History The history of the Brammo Motorsport LLC project is a long and includes the following milestones. • February 26.2007: Financial Assistance Award Contract No. B06003 for interim financing was approved by OECDD. • September 10, 2007: Contract No. B06003 was amended to revise the development schedule. • April 11. 2006: The request for annexation, comprehensive plan and zoning map change for the 8.43 acre parcel owned by Craig Bramscher was recommended for approval by the Planning Commission under Planning Action No. 2006-00366. • May 16, 2006: The request for annexation, comprehensive plan and zoning map changes was approved by the Council. • December 12.2006: The Planning Commission approved a modification of the site review for the industrial building under Planning Action No. 2006-02241. • April 23, 2008: Planning Action No. 2008-00599 approved a request for a partition of the Bramscher property creating the Jefferson Avenue right of way and two lots. • December 19. 2008: An application was made to DEQ for a 12000 permit under the NPDES requirements. • April 24, 2009: The land partition plat creating the Jefferson Avenue right of way was recorded. • October 19.2009: An application was made for a combined DSL/Corp of Engineers permit for work within a riparian way. Project Description The project approved under the OCEDD agreement is for the extension of Jefferson Avenue. Currently Jefferson Avenue exists as two "dead end" sections of street connecting to Washington Street. To connect the two existing sections would require a 606 foot long extension which would necessitate crossing Knoll Creek. The proposed crossing will be accomplished through the construction of a large multi-plate arch structure with an improved native bottom. The improvements will also include concrete curbs and gutters, sidewalks, asphalt street surface, water and sewer mains, a storm drain system with filtration treatment and electrical and related dry utilities including street lights. Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A.025, 279C.335, 279A.060 and 279A.065 as well as AMC Ordinance No. 2933. Under AMC 2.52 Engineering Services are deemed personal services with contacts subject to formal competitive selection procedures. Personal services providers are selected differently than for construction contracts which are based solely on the lowest bid price. Although the cost of services can be considered in the screening criteria for personal service providers, the following criteria bear equal or greater weight: A. Specialized experience in the type of work to be performed. B. Capacity and capability to perform the work, including any specialized services within the time limitations for the work. Page 2 of 5 G:\pub-wrks\eng\05-10 Jefferson St Extension\adm\05-10 CC KAS Contract Brammo amended 11 16 09.doc CITY OF ASHLAND C. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, where applicable. D. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable. E. Cost of the services. F. Any other factors relevant to the particular contract. The rules for the actual selection of personal service providers are found in 2.52.070 Selection Process: A. For personal service contracts that exceed $5,000, but do not exceed $50,000, at least three competitive written proposals from prospective contractors who shall appear to have at least minimum qualifications for the proposed assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the proposed assignment. Any or all interested prospective contractors may be interviewed for the assignment by an appropriate City employee or by an interview committee. The Department Head for the department that needs the services shall award the contract to the prospective consultant whose proposal will best serve the interests of the City, taking into account all relevant criteria found in Section 2.52.060. The Department Head shall make written findings justifying the basis for the award and retain such records as required by AMC 2.50.110. B. For personal service contracts that will cost $50,000 or more, the Department Head shall award the contract based on AMC 2.50.090. C. The City official conducting the selection of a personal service contact shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable It is not always possible to fit each contract into the standard contract mold and the proposed acquisition of the KAS contract is one that defies conventional programs. Exemptions to the standard formal selection process are provided for these situations as set forth in AMC 2.52.050 as follows: A. The contract has a total value of less than $5,000 provided it is memorialized by a formal purchase order. A personal service contract awarded under this section may be amended to exceed $5,000 only upon approval of the Public Contracting Officer, and in no case may exceed $6,000. A personal service contract may not be artificially divided or fragmented. B. Contract amendments, which in the aggregate change the original contract price or alters the work to be performed, may be made with the contractor if such change or alteration is less than twenty-five (25%) of the initial contract and are subject to the following conditions: 1. The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or 2. The amended contract does not substantially alter the scope or nature of the project; Page 3 of 5 C:\pub-wrks\eng\05-10 Jefferson St Extension\adm\05-10 CC KAS Contract Brammo amended 11 16 09.doc ~r, CITY OF ASHLAND C. The Department Head finds, in writing and at his or her discretion, that there is only one person or entity within a reasonable area that can provide services of the type and quality required. D. The contract is subject to selection procedures established by the State or Federal government. E. The contract is for non-routine or non-repetitive type legal services outside the Legal Department. F. The contract is for an emergency as defined in AMC 2.50.080 and the procurement procedure set forth in AMC 2.50.080 is complied with for awarding an emergency contract. Approving authority is found under Paragraph C above and is supported as follows: • Working under contract with Craig Bramscher, KAS & Associates has developed plans which are 95% compete and specifications that are approximately 75 % complete, but the project is stalled. • The OCEDD contract requires that the project be developed expeditiously and further delay may put the grant and loan in jeopardy. • Since KAS has developed the plans and specifications while under contract with Bramscher, the City has no rights to the work completed thus far. It would not be possible to seek another firm to complete the work that KAS has started as KAS has no obligation to give the plans and specifications to another firm nor can the City require them to do so. • The only way in which a new firm could be selected would be for that firm to start from the beginning and design the project with their own staff. This would be fiscally irresponsible as a contract for the full project would likely cost $75,000 or more. • The most problematic outcome of starting the engineering over is the time factor. It is estimated that it could take as much as six months to bring the project to a bid ready state as opposed to 30 days under a contract with KAS. To move this project forward in a timely manner and at a reasonable cost requires that the City enter into a contract with KAS & Associates, Inc. The funding established through the OCEDD grant and loan is sufficient to cover this additional cost and the City will seek reimbursement from the OCEDD funds for all expenditures. Council Options: • Council may approve the attached contract with KAS & Associates, Inc. to complete the preliminary engineering and provide engineering services for the Jefferson Avenue Extension Project. ■ Council may revise the scope of services to be provided by KAS & Associates, Inc. ■ Council may reject the contract with KAS & Associates, Inc. and request proposals for the required engineering services or continue to work under the existing Bramscher contracts. Page 4 of 5 GApub-wrks\eng\05-10 Jefferson St Extension\adm\05-10 CC KAS Contract Brammo amended 11 16 09.doc ~r, CITY OF ASHLAND Potential Motions: • Move to approve the attached contract with KAS & Associates, Inc. ■ Move to modify the contract with KAS & Associates, Inc. ■ Move to reject the contract with KAS & Associates, Inc. Attachments: • Site Map • OCEDD Contract No. B06003 ■ Proposed City of Ashland contract with KAS & Associates, Inc. Page 5 of 5 G:\pub-wrks\eng\05-10 Jefferson St Extension\adm\05-10 CC KAS Contract Brammo amended 11 16 09.doc CITY OF ASHLAND Council Communication Award of Engineering Services for the Jefferson Ave. Extension (Brammo) Project Meeting Date: November 17, 2009 Primary Staff Contact: James Olson 552-2412 Department: Public Works E-Mail: olsoni a,ashland.or.us Secondary Dept.: Finance Secondary Contact: Mi aught Approval: Martha Benn Estimated Time: nsent Question: Will the Council approve an engineering services contract with Associates, Inc. in the amount of $28,425 to complete the preliminary engineering and provi e truction engineering services for the Jefferson Avenue Extension (Brammo) project? Staff Recommendation: Staff recommends that the Council approve an eng' services contract with KAS & Associates, Inc. in the amount of $28,425 to complete the preli engineering and provide construction engineering services for the Jefferson Avenue Exten (Brammo) project. Background: Executive Summary On February 7, 2007 a special public works d of $900,000 was authorized through the Oregon Economic and Community Development D artment (OECDD) to fund the construction of the extension of Jefferson Avenue to provide ervices and access to the proposed Brammo Motorsport facility. The fund is a $500,000 loan an a $400,000 grant and is detailed under Contract No. 1306003, a copy of which is attached. Under thi agreement the City is listed as the borrower, but the economic development is dependent upon the nstruction of the Brammo Motorsport facility owned by Craig Bramscher. The City's original contract wit Craig Bramscher required that Mr. Bramscher deliver the fully designed and permitted projec o the City whereby the City would bid the work as a standard public works construction project. 1 permits, plans, specifications and contract documents were to have been provided by professio al consultants under contract with Mr. Bramscher. Unfortunately, this work is still not complete d since the OECDD agreement requires that the project proceed expeditiously, there is co cern that the funding might be lost if the project is not fast-tracked. Prior to this date, the ofessional engineer and other consultants have been under the employ of Mr. Bramscher and not t e City of Ashland. In order to acquire the control needed to expedite this project it is necessary that e City employ KAS & Associates directly. Other consultants including Polaris Land Surveying LLC and Laurie Sager and Associates Landscape Architects, Inc. would be included in the contract as sub-consultants to KAS & Associates, Inc., but would not be directly employed by the City. History The history of the Brammo Motorsport LLC project is a long and includes the following milestones. Page 1 of 3 IMA CITY OF ASHLAND • February 26, 2007: Financial Assistance Award Contract No. B06003 for interim financing was approved by OECDD. • September 10, 2007: Contract No. B06003 was amended to revise the development schedule. • April 11, 2006: The request for annexation, comprehensive plan and zoning map change for the 8.43 acre parcel owned by Craig Bramscher was recommended for approval by the Planning Commission under Planning Action No. 2006-00366. • May 16, 2006: The request for annexation, comprehensive plan and zoning map changes was approved by the Council. • December 12, 2006: The Planning Commission approved a modification of the site review for the industrial building under Planning Action No. 2006-02241. • April 23, 2008: Planning Action No. 2008-00599 approved a request for a partition of the Bramscher property creating the Jefferson Avenue right of way and two lots. • December 19, 2008: An application was made to DEQ for a 12000 permit under the NPDES requirements. • April 24, 2009: The land partition plat creating the Jefferson Avenue right of way was recorded. • October 19. 2009: An application was made for a combined DSL/Corp of Engineers permit for work within a riparian way. Project Description The project approved under the OCEDD agreement is for the extension of Jefferson Avenue. Currently Jefferson Avenue exists as two "dead end" sections of street connecting to Washington Street. To connect the two existing sections would require a 606 foot long extension which would necessitate crossing Knoll Creek. The proposed crossing will be accomplished through the construction of a large multi-plate arch structure with an improved native bottom. The improvements will also include concrete curbs and gutters, sidewalks, asphalt street surface, water and sewer mains, a storm drain system with filtration treatment and electrical and related dry utilities including street lights. Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A.025, 279C.335, 279A.060 and 279A.065 as well as AMC Ordinance No. 2933. Section 2.50 of the Ashland Municipal Code further defines the rules for public contracting and purchasing. The plans are currently 95 percent complete and the bid and contract documents are 75 percent complete. To meet the time frame established by the OCEDD contract, those plans and specifications must be completed as quickly as possible. Due to scheduling constraints, it is not possible to re-start the project with a new engineering firm. AMC section 2.50.075 provides the method by which contracts can be approved as a sole source contract thereby avoiding a lengthy request for proposal process. Under this section, this Council Communication can be considered to be written findings to support the conclusion that the engineering services are available only from KAS & Associates, Inc. as required under AMC 250.075 (4) and the Council may approve the contract as a sole source contract. Council Options: ■ Council may approve the attached contract with KAS & Associates, Inc. to complete the preliminary engineering and provide engineering services for the Jefferson Avenue Extension Project. Page 2 of 3 ~r, CITY OF ASHLAND ■ Council may revise the scope of services to be provided by KAS & Associates, Inc. ■ Council may reject the contract with KAS & Associates, Inc. and request proposals for the required engineering services or continue to work under the existing Bramscher contracts. Potential Motions: • Move to approve the attached contract with KAS & Associates, Inc. • Move to modify the contract with KAS & Associates, Inc. • Move to reject the contract with KAS & Associates, Inc. Attachments: ■ Site Map • OCEDD Contract No. B06003 ■ Proposed City of Ashland contract with KAS & Associates, Inc. Page 3 of 3 ss 0 7 o W i O p W N ~A z U ~ V ~ 0 f'~J`~ 9 'ON N33N~ NtlWl01 u - y _.~s. 4i~ DD 0V t sry~ r-. Q ~ ~pJ 4y ~ a 2AY NItl1WpOW Ay y ,/J Ny d UsXV0 . i is -Y ''°'..•-"`r' J - i_ ~ Li W y2 ~7zd m ° ~uZm YOl Y~Z~ fV h C 11 O I V ! G I, ' ~ C C N a O N } CJ Y u ~5 e u CONTRACT FOR PERSONAL SERVICES C I T Y OF CONSULTANT: KAS & Associates, Inc. -ASH LAND CONTACT: Gary Van Dyke, AE 20 East Main Street Ashland, Oregon 97520 ADDRESS: 237 SE 'J' Street #B, Grants Pass, OR 97526 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-479-5801-ext. 302 DATE AGREEMENT PREPARED: 11/5/09 FAX: 541-479-5987 BEGINNING DATE: 11/18/09 COMPLETION DATE: 11/18/2010 COMPENSATION: Total not to exceed $28,425.00. The maximum fee for each service provided by Contractor shall be as follows: Surveying Services $20,000.00, Landscape Services $2,425.00, and Engineering Services $6,000.00. SERVICES TO BE PROVIDED: Complete all preliminary engineering and provide construction engineering services in the development, bidding and construction of the Jefferson Avenue Extension Project No. 2005-10 as further outlined in the "Understanding of the Project," "The Scope of Services," "Project Deliverables," and "Additional Services Not Included or Provided by Others" sections of the unexecuted Personal Services Contract submitted by KAS & Associates, INC., dated October 21, 2009, and attached as Exhibit C and incorporated herein b this reference. ADDITIONAL TERMS: The City is not responsible for payment of any services rendered by Consultant or Consultant's subcontractors prior to the date this contract is executed. FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. Consultant shall have no liability for any claims, suits, actions, judgments, losses, costs, expenses or damages resulting from City's reuse or misuse of Consultant's work products on other projects or in connection with making C:\DOCUME-llolsonj\LOCALS-1\Temp\XPgrpvnse\05-10 KAS & Assoc. Contract 11 09- mktedit.doc 1 of6 additions to the Project if Consultant is not retained in connection therewith. 7. Statutory Requirements: When applicable ORS 2798.220, 279 B.225, 27913.230, 27913.235, ORS Chapter 244, ORS 670.600, 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract as though these provisions were set forth in full herein. 8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50%a or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnity and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises out of or is incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract an portion of the work C:\DOCUME-1\olsonj\LOCALS-1\Temp\XPgrpwise\05-10 KAS & Assoc. Contract 11 09 - mktedit.doc 2 of 6 without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. The City hereby consents to Consultant subcontracting with Polaris Land Surveying, LLC, and Laurie Sager and Associates Landscape Architects, Inc., as designated in Exhibit C. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. The City shall not be responsible for payment to any subcontractor under this Contract. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract, its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement, institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a Combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on its general liability and automobile insurance policies required herein with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nona ro riations Clause. Funds Available and Authorized: City has sufficient funds current) available and CaDOCUME-liolsonj%LOCALS-1\Temp\XPgrpwiset05-10 KAS & Assoc. Contract 11 09 - mktedit.doc 3of6 authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice.to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. CONSULTANT CITY OF ASHLAND: BY BY Signature FINANCE DIRECTOR Print Name TITLE DATE CONTRACT AWARD AND FINDINGS DETERMINED BY: DATE By: City Department Head Date: Approved as to form by Legal: Date: Federal ID# ACCOUNT # (For City, purposes only) 'Completed W9 form must be submitted with contract PURCHASE ORDER # C9DOCUME-1\olsonjlOCALS-1\Temp\XPgrpwise\05-10 KAS & Assoc. Contract 11 09 - mktedit.doc 4 of6 EXHIBIT C CML MWW.0R97701 Grans Pea, OR97SH it t ' Ioe G Hellr Bseet 2X7 6.E'J' stud. Wbe a STRDCTURAL T•t(511)ln-sa07 T•I.(5N). PLANMNG e.comm aeie.coff Ies0wr feMar6l) F PROFESSIONAL SERVICES CONTRACT Date: October 21, 2009 client information: Jim0lson Department Of Public Works 20 East Main Street (mail) 51 Winbum Way(delivery) Ashland Or 97520 541/488-5587 (voice) 541/488-6006(fax) Project Name: Jefferson Avenue Extension Project Location: Tax Lot 1104, Map Number 39 IE 14 AC Understanding of the Project: For the purpose of this proposal, Jefferson Avenue Extension is an engineering design project that has been partially complet ed by another party. The City of Ashland wishes to see the project design completed and brought to construction. This scope of this proposal is for the completion of engineering design, and miscellaneous bidding and constriction services including construction surveying and preparation of as-built drawings. The understanding of this project is based upon partially completed drawings prepared by KAS & Associates the most current date being 8-17- 2009 together with drawing changes requested by engineering staff at a City design review meeting on 8-18-2009. The changes requested included some driveway relocations or elimination, the addition of telephone facilities to the dry utility plan, the coordination with staff for the design of temporary irrigation facilities for street landscaping; provide maintenance access to storm drainage detention facility and minor sewer lateral revisions. The Scope of Services: Unless specifically said to be provided in the following Scope of Services, AU other services are excluded. • Complete engineering and landscape drawings with changes described above (see attached proposal and scope by Laurie Sager & Associates, dated Octo ber 15, 2009 for specific landscape design services) • Complete specifications revisions including conversion to the 20080DOT/APWA standards • Revise and bring up to date all bid documents including bid forms and schedules • Revise and bring up to date the engineer's construction cost estimate • Assist city staff in the bid process (this task assumes attending one pre-bid meeting and being available to answer questions during the bid process) City staff will be responsible for contractor selection and award, construction contract negotiation and administratio n including pay estimate evaluation and approval. • Perform construction survey staking and centerline monumentation (see attached proposal and scope description by Polaris Land Surveying, LLC, dated October 20, 2009) • Attend up to 5 construction observations trips and prepare reports wtcrd. OR IM arabPs.0M%7e26 CIVIL M ]Ot&HeeyBMat 2678 E'7 at", WISa STRUCTURAL Tat (611)19T610T Tat (611) 470,W rec(6H)61L731111 rexiSA91746967 MANMNO kaKQlarnecear taa®ew :Wl Assist city staff with project close-out, including final inspection and preparation of as-built drawings based on information provided by the contractor and surveyor. Project DelMrabNs: • One signed, reproducible copy of the construction plans • One digital copy of the project specifications • Copy of Map of survey to document as-builts and centerline monumentation. Original to be filed with County surveyor. Additional Services Not I noluded or Provided by Others. Postage, mileage and m-prographic expenses Governmental and sub-consultant fees Federal agency approval processing Coordination with approval agencies and attendance at meetings -time is variable depending on approval agency Contract, bidding services and construction administration (Except as noted above) Construction observations (Except as noted above) Wetland inventory, mitigation or other biological services Topographic, Boundary or Construction Surveying (Except as noted above) Soils investigations, geotechnical recommendations or testing KAS & Associates, Inc. Engineering Services - Civil - Structural - Planning Standard Fee Schedule Municipal Clients Effective 01 /01 /2009 - 12/31/20 10 Structural.- P.E. Principal $125.00 /hr. Project Manager $105.00 /hr. Project Engineer - Designer $ 95.00 /hr. Civil - P.E. Principal $115.00 /hr. Project Manager $ 95.00 /hr. Project Engineer - Designer $ 85.00 /hr. Technician $ 65.00 /hr. Drafting Technician $ 55.00 /hr. Construction Inspection - Technician $ 50.00 /hr. Office Technician/Administrative Assistant $ 45.00 /hr. Additional Fees (Using Current Rates, Additional Fees may be added to your invoice as needed for your project) Subcontractors (Direct expense plus 5% Administrative Fee) Permits and Fees (Direct expense plus 5% Administrative Fee) Mileage (Mileage Rate is established by the Federal Government) Reimbursable Expenses (Direct expense) w LANt7JURVEYING, LLC i October 20, 2009 KA5 & Associates, Inc. 237 5.E. 'J* Street, Suite B Grants Pass, Oregon 97526 Attn: Gary Van Dyke P.E. Re. 5urvey Proposal / Jefferson Avenue Extension Assessors Map No. 391E 14 AC Dear Gary, Per your request, the following is a proposal to perform Construction 5urvey 5taking d Street Centerline Monumentation of the above referenced street extension for the City of Ashland per phone conversations with you and Jim Olson, City Surveyor, regarding this project. Jim said that he would include the surveying requirement into the contract with KAS, rather than a contractor bid item. SCOPE.OFSERVIGES: ♦ Perform pre-computations for construction staking of an approximately 600 foot long street section based on the approved civil design by KAS. ♦ Field survey to recover survey control previously established by this office in the performance of Survey No. 20369 to be utilved for this project and to establish additional project survey control as necessary. ♦ Field survey and offset staking as necessary for road coring, erosion control, wetland mitigation, stream crossing Mngwalls and culvert placement, utility structures, subgrade for street and sidewalks and final curb staking, ♦ Office calculations, analysis and computations of field survey staking data necessary for quality control and'ar-built'record information and preparation of a Map of Survey to conform with O.R.S. 209250. ♦ Field survey to establish street centeriine monuments to be furnished by the City of Ashland Public Works Department. FEES. Fees will be paid on a Time and Materials Basis according to the attached hourly rate schedule enclosed as Exhlbit A, which is valid until Dezember 31, 2010. The estimated r. 0. 00+ 459. Ashland, Oregon 97520 Phone: (541) 462-5009 Fax: (541) 406-0792 Mobile: (541) 601-3000 vv.r.Palari•.ar.. v.com Gary Van Dyke October 20, 2009 Page 2 cost to perform the surveying services as outlined in the 5cope of 5crvice6 above is as follows: A range between 5u2een Thousand Dollars, and Twenty Thousand Dollars ($16,000.00- $20,000.00). Polaris Land 5urveying LLC will endeavor to keep the actual cost of the work as low as may be consistent with the purpose of the project and with proper workmanship and materials. All additional work that is outride the scope of services as described shall also be paid for at the hourly rate schedule enclosed as Exhibit A. Any fees required by the City of Ashland or other quasi-governmental agencies are not included in the surveying costs outlined above and shall be the responsibility of the owner. As compensation for services rendered, an invoice will be sent on the first day of each month, or at the conclusion of the project, showing the hours and rates of the various classifications of personnel working on the project. Payment of the invoice amount must be made within 20 days of the invoice data. Late payments may be subject to a service charge of lb% per month of the unpaid balance, at the discretion of Polaris Land Surveying LLC. In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the event of an appeal from suit, action or proceeding, the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attorneys fees in such suit, action or appeal. If you have any questions or I can be of any other assistance. please don't hesitate to call. Yours truly, 5hawn Kampmann Professional Land 5urveyor Enclosure:. 5urveying Fee 5chedule 5:\suwey9\355-06\KA5-Jefferson Ave survey pmpoeal.doc AUTHORIZATION Approved By Date LAND SURVEYING, LLC r. EXHIBIT °A" POLARIS LAND 5MEYING LLC FEE.5CHEDI ILE (EFFECTIVE JANUARY 1, 2009) PRINCIPAL LAND 5URVEY0R ...............................$100.00 / hour PROFE55IONAL LAND SURVEYOR 90DO / hour SENIOR SURVEY TECHNICIAN $ 80DO / hour SURVEY TECHNICIAN $75.00 / hour DRAFTING TECHNICIAN $ 75.00 / hour SURVEY FIELD CREW (STANDARD) $135.00 / hour SURVEY FIELD CREW (w/ GM ) $165.00 / hour DOCUMENT PROCE55ING $ 60.00 / hour MILEAGE (out of town proleds) $ 0.55 / mile OUT-OF-POCKET EXPENSES .................................ACTUAL C05T P. 0. 5oe .459. Aehlane, Oregon 97520 Phone: (541) 452-5009 Ise: (541) 466 0797 Mobile: (54!) 60!-3000 www Pol.vies orve,v.. o. ® LAU R I E SAGER ANDAssocUSes LANDSCAPE ARCH ITEMS INC. 700 MIsnFTOf ROAD, Sunf 201 AsmI can, OffooN 9752o October 15, 2009 Project: Jefferson Avenue - Ashland Submitted to: Gary Van Dyke KAS & Associates, Inc. 237 S.E. 'J' Street, #B Grants Pass, OR 97526 Proposal for Landscape Architecture Services Scope of Work. • Assisl KAS with specification revisions ....................................................................6 hours • Prepare Anallondscope drawings as required- 8 hours • Anend 6 City and bid meetings 9 hours • Provide bid andconstruction phase observation_ ..........12 hours Estimated Hours: 35 hours TOTAL ESTIMATED FEES ......................$2,425.00 Hours Rotes: Principal Landscape Architect $8500 Dra6sperson $6500 Jr Drafter $45.00 'Client shall be billed at the hourly rates above. Plots and other reimbursable expenses shall be billed at cost plus 10%. This proposal assumes that any work done by outside consultants (engineers, surveyors, landscape contractors, etc.) shall be contracted directly with the Client. Payment schedule Billing will occur as the work progresses on the first day of each month. Client's Responsibilities A. Client agrees to provide Landscape Architect with all base information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. B. Client agrees to advise Landscape Architect of any known or suspecled contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions. P 541 488 1446 F 541 488 0636 C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. D. Client agrees to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. Termination A. Either Client or landscape Architect may terminate this Agreement upon seven days written notice. B. If terminated, Client agrees to pay landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. C. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. Dispute Resolution Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. Article 8 Miscellaneous Provisions A. This Agreement is governed by the low of Landscape Architect's principal place of business. B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision sholl be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs; or for another parties' errors ar emissions or for another parties' failure to complete their wor'r. or services in accordance with Landscape Architect's documents. 2 F Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to properly or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for [hot purpose. For purpose of this provision, "prevailing parry' shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. H. Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequentiol damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project. 1. To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. J. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. K. If this Agreement is not signed and returned to Landscape Architect within 1,5 days, the offer to perform the described services may, in Landscape Architect's sole discretion, be withdrawn and be null and void. LANDSCAPE ARCHITECT CLIENT Laurie Sager Dated: October 15, 2009 Title License No. 527 Oregon Dated Renewal Date: February 28, 2009 3 CITY OF ASHLAND Council Communication A Request for a Letter in Support of the Siskiyou Regional Railway Authority's Search for Funding Meeting Date: November 17, 2009 Primary Staff Contact: Michael R. Faught Department: Public Works/Engineering E-Mail: faughtm@ashland.or.us Secondary Dept.: Administration Secondary Contact: Nancy Slocum Approval: Martha Ben ~e ~rl~ Estimated Time: Consent Question: . Will Council direct Mayor Stromberg to sign a letter of support to the Siskiyou Regional Railroad Authority in their efforts to seek funding to reopen the Black Butte Branch Line that runs from Black Butte California (near Weed) to Bellevue Oregon (just south of Ashland)? Staff Recommendation: Staff recommends Council direct Mayor Stromberg to sign a letter of support to the Siskiyou Regional Railroad Authority in their efforts to seek funding to reopen the Black Butte Branch Line that runs from Black Butte California to Bellevue Oregon. Background: The rail line the runs across the Siskiyous from Northern California to Southern Oregon has been quiet now for more than a year. That line, the Black Butte Branch Line, included the line from Springfield Junction in Oregon to Black Butte, California. At one time, this was a secondary main line that handled 2-4 freight trains each way per day. The line also once operated the famous Southern Pacific passenger train: The Shasta Daylight. Over the years, the line was downgraded and Southern Pacific sold and leased the line originally to Rail Tex, who was later purchased by Rail America. Today's tall freight cars and tunnel restrictions on this line have caused most freight to be routed through Klamath Falls now under Union Pacific. In 2007, shippers along the southern end of the Central Oregon & Pacific Railroad line began to experience dramatic interruptions in rail service. Soon after, CORP notified shippers that rates would have to dramatically increased in order to continue operation of the line. In 2008 shippers, communities and other public agencies in both Oregon and California united to ensure this stiuation would not occur again. These stakeholders formed the Siskiyou Regional Railroad Authority (SRRA) in order to investigation the feasibility of acquiring the line and preserving rail service for the future. SRRA has attracted support from all levels, including the Oregon and California Departments of Transportation, several Senators from both states, communities and local economic development authorities along the corridor. Staff feels that SRRA, as a public entity, will be in the best position to secure and sustain this portion of the railroad corridor to promote and provide the broadest base for economic growth and development in our region. The SRRA envisions more fully developing and utilizing the potential of Page I of 2 ~r, CITY OF ASHLAND the railroad corridors by expanding their current level of use, developing public transportation and rail excursions uses and increasing existing commercial shipping. By refocusing public transportation and commercial shipping away from cars and trucks to rail, Ashland will be able to improve the quailty of our environment and health of the people in our region. Staff envisions a cohesive regional railroad system providing services both locally and perhaps nationally. The Siskiyou Regional Railroad Authority is seeking to secure enough revenue commitments to continue operating the line on a reduced schedule. They are asking for letters of support in favor of their endeavor. Related City Policies: Not applicable. Council Options: Council options include: 1) The City Council could direct the Mayor to sign the attached letter of support to SRRA in their efforts to seek funding. 2) The Council could direct the Mayor to sign a revised letter of support to SRRA in their efforts to seek funding. 3) The Council could deny SRRA's request for a letter of support. Potential Motions: Council's options following the logic above include: 1) Move to direct the Mayor to sign the attached letter of support to SRRA in their efforts to seek funding. 2) Move to direct the Mayor to sign the letter of support, as revised, to SRRA in their efforts to seek funding. 3) Move to deny SRRA's request for a letter of support. Attachments: Draft Letter of Support Page 2 of 2 CITY OF ASHLAND November 10, 2009 John Hammond, President Siskiyou Regional Railroad Authority c/o City of Montague 230 South 13th Street Montague CA 96064 RE: LETTER OF SUPPORT FOR REOPENING THE BLACK BUTTE BRANCH LINE Dear Mr. Hammond: The City of Ashland is in support of the Siskiyou Regional Railroad Authority's (SRRA) efforts to reopen rail service from Northern California to the Rogue Valley. Public ownership of the line is the best option for preserving rail service and protecting rail shippers - both existing and future. The SRRA'S desire to reopen rail service is consistent with the City of Ashland's 2009- 10 City Council goal of "restoring rail service through Ashland". Ashland is currently in the process of updating the Transportation System Plan with an emphasis on Multimodal Transportation Systems and Green Designs. Rail service will be an integral component of a successful multimodal approach for transporting people and freight. To that end, restoring rail service through Ashland south to Northern California is an important step in meeting our multimodal objectives. The City of Ashland appreciates the leadership that SRRA is providing to reopen rail service from the Rogue Valley to Northern California, and supports this Connect Oregon I I I grant application that retains and creates new jobs in Oregon and Northern California. Sincerely, John Stromberg Mayor Office of the Mayor Tel: 541/488-5347=, 20 E. Main Street Fax: 541-/488-6006 Ashland, Oregon 97520 TTY: 8001735-2900 w .ashland.or.us . CITY OF ASHLAND Council Communication First Reading of Ordinances Adopting Chapter 18.63 Water Resource Protection Zones and Related Ordinance and Ashland Comprehensive Plan Amendments Meeting Date: November 17, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb n ashland.or.us Secondary Dept.: None Secondary Contact: Maria Harris Approval: Martha Berm Estimated Time: 2 hours Question: Should the Council approve first reading of ordinances amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and make related amendments of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors? Staff Recommendation: Staff recommends approval of the amendments to the Ashland Land Use Ordinance and Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors. Background: The package of amendments includes three components. • Adding Chapter 18.63 Water Resource Protection Zones to the ALUO. • Modifying Chapter 18.62 Physical and Environmental Constraints and Procedures Chapter 18.108 of the ALUO for Consistency with New Chapter AMC 18.63 Water Resource Protection Zones, and Reservation of Regulations for Purposes of Claims • Amending the Ashland Comprehensive Plan to Include a Water Resources Map, to Revise the Physical and Environmental Constraints Floodplains Map, and to Adopt the Local Wetlands Inventory (LWI) as a Technical Study Supporting the Ashland Comprehensive Plan. The ordinances for each of the three components of the amendment package are attached to the Council Communication. Also attached are the Water Resources Map and the Physical and Environmental Constraints Floodplains map. The Local Wetlands Inventory is available on-line or in the City Administration office, but was not photocopied for this packet. The final item attached to the Council Communication is a track changes copy of Chapter 18.63 which shows the revisions made after the Council deliberations with additions underlined and &WiRR^ iR strilERStA. The record for Chapter 18.63 Water Resource Protection Zones and the related ALUO and Comprehensive Plan amendments is available on the project web page - www.ashland.or.ushvaterresources. The record is over 600 pages in length and will not be provided as a hard copy to the City Council unless requested. After approximately six months of study sessions, site visits and public hearings, the Planning Commission recommended approval to the City Council of amending the Ashland Land Use Page 1 of 5 11FAW, CITY OF ASHLAND Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and to make related ALUO and Comprehensive Plan amendments regarding protection of wetlands, streams and riparian corridors at a special meetings on October 28, 2008 and November 6, 2008. The City Council conducted site visits, held a public hearing and reviewed the proposed amendments over a series of six meetings and a seven month period beginning with a study session on March 2, 2009 and most recently holding deliberations at the September 8, 2009 meeting. Chapter 18.63 Revisions The attached "track changes copy" of Chapter 18.63 Water Resource Protection Zones includes the revisions made after the City Council deliberations at the May 19, July 21, August 28 and September 9 meetings. The track changes copy shows additions underlined and deletions strik A summary of the revisions follows. The section numbers as well as the page numbers are included for each revision - page numbers reference the track changes copy of Chapter 18.63. • Additions and Deletions to Plant Lists, 18.63.030 Local Native Plant Species, page 4 Noxious and Invasive Vegetation, page 5' Plants may be added to and removed from the Local Native Plant List and the Prohibited Plant List by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise, and local, state and federal agencies. • Consolidation of Exempt Sections, 18.63.060 pages 12 - 23 The exempt activities and uses that are allowed in both stream and wetland protection zones were combined into one section, rather than having separate sections for streams and wetlands with repetitious language. • Eliminate Restoration Requirements for Exempt Activities and Uses, 18.63.060 page 12 The requirement for exempt activities and uses to meet the restoration requirements in section 18.63.120 was deleted. • Native Plant Replacement for Vegetation Removal, 18.63.060.A.1.d page 13 The requirement to replace non-native, noxious and invasive vegetation with native plants species was added for consistency with OAR 660-023-090 (8). Additionally, language was added regarding removing ad mowing blackberries before May 1 or after July 31 to protect nesting birds as recommended by the Oregon Department of Fish and Wildlife (see record for May 5, 2009 comments from Steve Niemela, Rogue Watershed District, Oregon Department of Fish and Wildlife). Page 2 of 5 ~r, CITY OF ASHLAND • Use of Power-assisted Equipment or Machinery, 18.63.060.A.1.i and 18.63.070.A.1 page 13 and page 23 The use of power-assisted equipment or machinery for vegetation maintenance, planting and removal was added as an exempt activity if soil disturbance and erosion are minimized through the following measures: 1) use of machinery does not occur during the wet months of the year, 2) the general topography of the water resource protection zone is retained, 3) soil compaction is reduced by distributing the weight of the equipment over a large area, 4) native plant species are not damaged or removed and disturbed areas are replanted. Also, the use of power-assisted equipment or machinery was retained in the limited activities and uses section to provide a permit process for cases that would not satisfy the exemption performance measures. • Continuation of Nonconforming Activities, Uses and Structures, 18.63.060.A.3 page 15 Language added explaining that an activity, use or structure legally established prior to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter, is considered nonconforming and may continue. • Exemption for Stream Restoration and Enhancement with Limited Impacts, 18.63.060.B.2 page 22 Stream restoration and enhancement with limited impacts was added as an exempt activity for single-family properties which have not undergone stream restoration and enhancement work in the past 12 months. • Consolidation of Limited Activities and Uses Sections, 18.63.070 pages 23 - 27 The limited activities and uses that are allowed in both stream and wetland protection zones were combined into one section, rather than having separate sections for streams and wetlands with repetitious language. • Water Resource Protection Zone Reductions, 18.63.080 pages 28 - 30 The planning action approval process was revised so that Water Resource Protection Zone Reductions up to 25 percent are processed as a Type I land use procedure, and above 25 percent up to 50 percent are processed as a Type II land use procedure. Page 3 of 5 ~r, CITY OF ASHLAND Also, the approval criteria were re-ordered so that avoiding intrusions into the protection zone is the first criteria, minimum alteration necessary is the second and establishing equal or better protection for the water resource through restoration and enhancement is the third criteria. • Native Plant Species Coverage for Planning Actions, 18.63.120.B.1.c and 18.63.120.B.2.d page 35-36 and page 39 For development requiring a planning action, the mitigation plan requirements were revised to require 50 percent coverage in native plant species with the all new trees required to be native. Related City Policies: Chapter IV Environmental Resources, Ashland Comprehensive Plan Chapter 18.72 Physical and Environmental Constraints, ALUO Chapter 18.88 Performance Standards Option, ALUO Chapter 18.72 Site Design and Use Standards, ALUO Section 18.108.170, ALUO Council Options: The Council may approve, approve with modifications, or deny the legislative amendment. Potential Motions: 1. Move to approve first reading of the following ordinances and request that the ordinances be brought back for second reading. • An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63 Water Resource Protection Zones • An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental Constraints Chapter (AMC 18.62) and Procedures Chapter (AMC 18.108),Conceming Consistency with New Chapter AMC 18.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of Claims • An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV, Environmental Resources to Add a New and Updated Resource Maps and Adopting the Local Wetlands Inventory as a Supporting Document 2. Move to approve first reading with proposed amendments as noted after each ordinance, and request that the ordinances be brought back for second reading. • An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63 Water Resource Protection Zones • An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental Constraints Chapter (AMC 18.62) and Procedures Chapter (AMC 18.08), Concerning Consistency with New Chapter AMC 18.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of Claims • An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV, Environmental Resources to Add a New and Updated Resource Maps and Adopting the Local Wetlands Inventory as a Supporting Document Page 4 of 5 CITY OF ASHLAND 3. Move to deny the ordinance and related ALUO and Ashland Comprehensive Plan amendments as proposed. Attachments: 1. An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63 Water Resource Protection Zones 2. An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental Constraints Chapter (AMC 18.62) and Procedures Chapter (AMC 18.108), Concerning Consistency with New Chapter AMC 18.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of Claims 3. An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV, Environmental Resources to Add a New and Updated Resource Maps and Adopting the Local.Wetlands Inventory as a Supporting Document 4. Water Resources Map 5. Physical and Environmental Constraints Floodplain Corridor Lands Map 6. Local Wetlands Inventory (Please note, this item can be found in the on-line packet or in the City Administration office only) 7. Track Changes Copy of Chapter 18.63, Water Resource Protection Zones Page 5 of 5 ~r, ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE CREATING A NEW CHAPTER 18.63 WATER RESOURCE PROTECTION ZONES. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on November 6, 2008 and following deliberations recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 21, 2009, and on several additional public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. i Page 1 of 2 SECTION 2. A new Chapter 18.63 of the Ashland Municipal Code [WATER RESOURCES PROTECTION ZONES] set forth in full codified form on the attached Exhibit A and made a part hereof by this reference, is hereby added to the Ashland Municipal Code. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. 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", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, -4) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2009, and duly PASSED and ADOPTED this day of 12009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 Exhibit A. Chapter 18.63 WATER RESOURCE PROTECTION ZONES SECTIONS: 18.63.010 Purpose and Intent 18.63.020 Where Regulations Apply 18.63.030 Definitions 18.63.040 Inventory of Ashland's Water Resources 18.63.050 Establishment of Water Resource Protection Zones 18.63.060 Exempt Activities and Uses within Water Resource Protection Zones 18.63.070 Limited Activities and Uses within Water Resource Protection Zones 18.63.080 Water Resource Protection Zones Reductions 18.63.090 Hardship Variances 18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within Water Resource Protection Zones 18.63.110 Approval Process 18.63.120 Mitigation Requirements 18.63.130 Map Errors and Adjustments 18.62.140 Enforcement and Penalties 18.63.010 Purpose and Intent The purpose and intent of this chapter are: A. To implement state and federal law with respect to the protection of clean water, pollution control and preservation of endangered species. B. To protect Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and restoring the hydrologic, ecologic and land conservation functions these areas provide for the community. C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering and separation of those land uses and activities that lead to or may create impacts on water quality, as well as to reduce the risk to people and property resulting from the inappropriate management of wetland and riparian areas. D. To implement the goals and policies of the Environmental Resources chapter of Ashland's Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding. AMC Chapter 18.63 Water Resource Protection Zones Page 1 11/17/2009 E. To reduce flood damage and potential loss of life in areas subject to periodic flooding. F. To better manage storm water drainage, minimize maintenance costs, protect properties adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife habitat and provide opportunities for trail connections. G. To protect water associated with Ashland's hydrology for human uses, fish and wildlife and their habitats. H. To control erosion and limit sedimentation. 1. To protect the amenity values and educational opportunities of Ashland's wetlands, water bodies and associated riparian areas as community assets. J. To improve public appreciation and understanding of wetlands and riparian areas for their unique ecosystem structures and functions and for the human- nature interactions they provide. K. To improve and promote coordination among local, state, and federal agencies regarding development activities near Ashland's wetlands, water bodies and associated riparian areas. L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when offset by appropriate mitigation, as stipulated in the ordinance and other applicable state and federal requirements. 18.63.020 Where Regulations Apply A. The provisions of this chapter apply to all lands containing Water Resources and Water Resource Protection Zones. Water Resources and Water Resource Protection Zones are defined, established and protected in this chapter. B. State and federal wetland and riparian regulations will continue to apply within the City of Ashland, regardless of whether or not these areas are mapped on Ashland's Water Resources Map. Nothing in this chapter shall be interpreted as superseding or nullifying state or federal requirements. Additionally, the City of Ashland shall provide notification to the Oregon Department of State Lands (DSL), as required by Division 23 of Oregon Administrative Rules, for all applications concerning development permits or other land use decisions affecting wetlands on the inventory. C. The burden is on the property owner to demonstrate that the requirements of this chapter are met or are not applicable to development activity or other proposed use or alteration of land. The Staff Advisor may make a determination based on the Water Resources Map, field check, and any other relevant maps, site plans and information that a Water Resource or Water Resource Protection AMC Chapter 18.63 Water Resource Protection Zones Page 2 11/1712009 Zone is not located on a particular site or is not impacted by proposed development, activities or uses. In cases where the location of the Water Resource or Water Resource Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation prepared by a natural resource professional, or a sworn statement from a natural resource professional that no Water Resources or Water Resource Protection Zones exist on the site. D. All Water Resource Protection Zones shall be protected from alteration and development, except as specifically provided in this chapter. No person or entity shall alter or allow to be altered any real property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning application or permit authorized in this chapter. No person or entity shall use or allow to be used, property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning application or permit authorized in this chapter. E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will be some overlap between the regulations in this chapter and those in chapter 18.62 Physical and Environmental Constraints, which regulates development in physical constrained areas including floodplains. Where two regulations are in conflict, the most stringent shall govern. 18.63.030 Definitions Alter or Alteration - means any human-induced physical change to the existing condition of land or improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of structures or impervious surfaces or other construction. "Permit to be altered" means allowing or failing to prevent the alteration. Approval Authority - the Staff Advisor, Planning Commission or its Hearings Board, Hearings Officer, or City Council as determined by the applicable procedural requirements. Bank Full Stage - means the two year recurrence interval flood elevation. Centerline of Stream - an imaginary line that is in the midpoint of the stream channel. In cases where a stream has multiple or braided channels, the centerline of stream is the midpoint between the outermost or upland sides of the stream channels (Figure 1). AMC Chapter 18.63 Water Resource Protection Zones Page 3 11/17/2009 .v Figure 1: Centerline of Stream Clearing - means the removal, redistribution or disturbance of vegetation, soil or substrate that may include trees, brush, grass, ground cover, or other vegetative matter from a site. Drainage Ditch or Channels include: 1. Roadside ditches that carry only storm water runoff from the adjacent road and the immediate surrounding area. (Drainage ditches do not include historically altered streams or channels that convey surface water flows. These features are still classified as streams for the purpose of this ordinance.) 2. Constructed channels designed as part of the storm water infrastructure and drain directly from storm water facilities or storm pipe systems. Enhancement - means actions performed to improve the condition or functions and values of a Water Resource and its associated Protection Zone. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species. Fill Material - means a deposit of earth or other natural or manmade material placed by artificial means. Filling - means the act of placing fill material in any amount, including the temporary stockpiling of fill material. Fish Bearing or Fish Habitat - means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the state or federal endangered species acts. Fish use is determined from Oregon Department of Forestry Stream Classification, Oregon Department of Fish and Wildlife and Oregon Department of State Lands maps for salmonid fish distribution. Hand-held Equipment or Machinery - means equipment or machinery held in and operated by hand. Hand-held equipment or machinery includes but is not AMC Chapter 18.63 Water Resource Protection Zones Page 4 11/17/2009 limited to manual tools, weed eaters, chainsaws, and equipment or machinery with wheels and a weight of 100 pounds or less such as push lawn mowers and brush mowers. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100 pounds is not considered hand-held equipment or machinery. Impervious Surface - means surface materials which prevent the normal infiltration of storm water into the ground. Lawn - means grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used. Local Native Plant Species - means those plant species appropriate to planting in or adjacent to a Water Resource that are native species indigenous to the Rogue River Basin. Local native plant species are adapted to the elevation, weather, soils and hydrology of the area; will support the desired structures, functions, and values of the water resource; and once established require significantly less maintenance than non-native species. The City of Ashland Planning Division maintains a list of recognized site-appropriate local native plant species for both wetland and stream bank water resource applications, along with a list of known local suppliers. Plants may be added to or removed from the Local Native Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise and local, state and federal agencies. Mitigation - means taking one or more of the following actions listed in order of priority: 1. Avoiding the impact altogether by not taking a certain development action or parts of that action. 2. Minimizing impacts by limiting the degree or magnitude of the development action and its implementation. 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures. 5. Compensating for the impact by replacing or providing comparable substitute resources or environments. Mitigation Plan - means a plan that outlines the activities that will be undertaken to alleviate project impacts to sensitive areas. Natural Resources Professional - a "natural resources professional" includes individuals who have a Bachelors degree, or the equivalent or greater, in the AMC Chapter 18.63 Water Resource Protection Zones Page 5 11/17/2009 field of natural resources, biology, ecology, or related fields, and at least four years of relevant post graduate experience. Non-native Species - means a plant species which is not indigenous to the local area. Noxious and Invasive Vegetation - means plant species which are recognized as having a significant potential to disrupt the functions and values of local Water Resource ecosystems. The City of Ashland Planning Division maintains a list of recognized noxious and invasive plants. Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise and local, state and federal agencies. Power-assisted Equipment or Machinery - means equipment or machinery other than hand-held equipment or machinery. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100 pounds is considered power-assisted equipment or machinery. Principal Building - a building in which the principal use of the zoning district in which it is located is conducted. Restoration - means efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations such as filling, grading or draining. Riparian Area - means the area adjacent to a stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream. Riparian Buffer - an area located adjacent to the stream and including the riparian area that is preserved for the purpose of protecting the functions and values of the stream and the riparian area by serving to reduce the adverse effects of adjacent land uses. Riparian Corridor -'Riparian Corridor" is a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian Corridor is a type of Stream Bank Protection Zone. Stream - a stream means a channel such as a creek that carries flowing surface water, including perennial, intermittent and ephemeral streams with defined channels, and excluding man-made irrigation and drainage channels. Drainage channels do not include historically altered streams or channels that convey surface water flows. A stream is a type of Water Resource. AMC Chapter 18.63 Water Resource Protection Zones Page 6 11/17/2009 Stream, Ephemeral - an ephemeral stream generally flows only during and following a rain event. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone. Stream, Intermittent - an intermittent stream generally flows only during part of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone. Stream, Perennial - a perennial stream has flowing water year-round during a typical year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Stream, Local - Local Streams is a type of Stream Bank Protection Zone. Stream Bank Protection Zone - an area subject to the provisions of this chapter which includes a stream and an associated riparian buffer of varying width, as established herein, located adjacent to the stream, and in which certain human activities are regulated in order to protect the structures and functions of the stream. A Stream Bank Protection Zone is a type of Water Resource Protection Zone. There are three types of Stream Bank Protection Zones defined, established and protected in this chapter - Riparian Corridor, Local Streams and Intermittent and Ephemeral Streams. Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a standard distance upland from the top of bank or from the center line of the stream as required in section 18.63.050. Stream Corridor Functions - include providing shade for the stream, stream bank and channel stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the stream, water filtration, aquatic and riparian fish and wildlife habitat. Top of Bank - means the elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. Physical characteristics that indicate the elevation include a clear, natural line impressed on the shore, a change from bare soil to upland vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big leaf maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional sediment or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and gravel to upland soils), absence of fine debris (e.g. needles, leaves, cones and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure 2). In the absence of physical evidence or where the top of each bank is not clearly AMC Chapter 18.63 Water Resource Protection Zones Page 7 11/17/2009 defined, the two year recurrence interval flood elevation may be used to approximate the top of bank. Upland Vegetation Riparian r Clear natural Vegetation M R line impressed onshore Bare Upland Soil Soil f ,~~•F Upland Soil I F ~ rO Cobbe .d •b. • ` Textural Change pallor in Soil Figure 2: Top of Bank Upland - land not characterized by the presence of riparian area, water bodies or wetlands. Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland, as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource. Water Resources Map - the adopted City of Ashland map which identifies the approximate locations of Water Resources in Ashland including officially recognized streams and wetlands identified on Ashland's Local Wetland Inventory. Water Resource Protection Zone - an area subject to the provisions of this chapter which includes a Water Resource and an associated buffer of varying width, as established herein, located adjacent to the Water Resource and in which certain human activities are regulated in order to protect the structures, functions and values of the resource. Water Resource Protection Zone is a category including Stream Bank Protection Zones and Wetland Protection Zones, and is used throughout this chapter to refer to Stream Bank Protection Zones and Wetland Protection Zones. Wetlands - means those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under AMC Chapter 18.63 Water Resource Protection Zones Page 8 11/17/2009 normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type of Water Resource. Wetlands, Locally Significant - means those wetlands identified on the Water Resources Map and determined "significant wetlands" using the criteria adopted the Oregon Department of State Lands (DSL). Locally Significant Wetlands is a type of Wetland Protection Zone. Wetlands, Possible - means an area that appears to meet wetland criteria but is too small (less than a half acre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in the Possible Wetland designation. However, there may be additional existing areas that meet the DSL wetland criteria, but are not included on the Water Resources Map. Possible Wetlands is a type of Wetland Protection Zone. Wetland Boundary - means a line marked on a map or flagged in the field that identifies the approximate wetland/non-wetland boundary. Wetland Buffer - means an area extending away from the outer delineated wetland boundary or upland edge that is preserved for the purpose of protecting the functions and values of the wetland by serving to reduce the adverse effects of adjacent land uses. Wetland Delineation - means a determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods. Wetland Functions - include wildlife habitat, fish habitat, water quality and hydrological control. Wetland Protection Zone - an area subject to the provisions of this chapter that includes all wetlands determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional wetland presence, and an associated buffer area of varying width, as established herein, located adjacent to the wetland, and in which certain human activities are regulated in order to protect the structures and functions of the wetland. A Wetland Protection Zone is a type of Water Resource Protection Zone. There are two types of Wetland Protection Zones defined, established and protected in this chapter - Locally Significant Wetlands and Possible Wetlands. Wetland Protection Zone Boundary - an imaginary line that is measured horizontally at a standard distance upland from the delineated wetland boundary as required in section 18.63.050. AMC Chapter 18.63 Water Resource Protection Zones Page 9 11/17/2009 Wetland Specialist - means an individual who has the appropriate credentials verifying proven expertise and vocational experience conducting wetland delineations. 18.63.040 Inventory of Ashland's Water Resources The approximate locations of Ashland's Water Resources are identified on official maps adopted by the City of Ashland and added to the Comprehensive Plan through Ordinance 2419 (May 1987), Ordinance 2528 (July 1989) and Ordinance (December 2009). Because the Comprehensive Plan maps are acknowledged to be approximate, the more precise wetland boundaries can be mapped, staked and used for development review purposes without a modification of the Comprehensive Plan maps. 18.63.050 Establishment of Water Resource Protection Zones A Water Resource Protection Zone is hereby established adjacent to and including all Water Resources to protect their integrity, function and value. The boundaries of the following Water Resource Protection Zones shall be established by an on-site survey based upon the following standards. A. Stream Bank Protection Zones. The following types of Stream Bank Protection Zones are hereby established to protect streams and their associated riparian resources. The approximate locations of streams are identified on the Water Resources Map. 1. Riparian Corridor - For streams classified as Riparian Corridor fish- bearing streams with an annual average stream flow less than 1,000 cubic feet per second and on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within 50 feet upland from the top of bank (Figure 3). riparian buffer riparian buffer 60 feet Top of 60 feet Bank Stream Bank Protection Zone Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams AMC Chapter 18.63 Water Resource Protection Zones Page 10 11/17/2009 2. Local Streams - For streams classified as non-fish-bearing Local Streams and on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands 40 feet from the centerline of the stream (Figure 4). riparian buffer 40 feet 40 feet t Centerline Stream Bank Protection Zone Figure 4: Stream Bank Protection Zone for Local Streams 3. Intermittent and Ephemeral Streams - For streams classified as Intermittent and Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within 30 feet from the centerline of the stream (Figure 5). riparian buffer 30 feet 30 feet . i Centerline Stream Bank Protection Zone Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams 4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part of a significant wetland as identified on official maps adopted by the City of Ashland, the distance to the Stream Bank Protection AMC Chapter 18.63 Water Resource Protection Zones Page 11 11/17/2009 Zone boundary shall be measured from, and include, the upland edge of the wetland. 5. Determination of Protection Zone - The measurement of the Stream Bank Protection Zones shall be a horizontal distance from the top of bank or from the center line of the stream as specified above. For streams that were piped or culverted prior to the effective date of this chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or the width of any existing easement (e.g. drainageway easement), whichever is greater. B. Wetland Protection Zones. The following types of Wetland Protection Zones are hereby established to protect wetland resources. The approximate locations of Locally Significant Wetlands and Wetlands are identified on the Water. Resources Map. The precise boundary of a wetland and wetland buffer shall be established through conducting an on-site wetland delineation and survey based upon the following standards. 1. Locally Significant Wetlands - For wetlands classified as Locally Significant on the Water Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands within 50 feet of the upland-wetland edge (Figure 6). A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance with section 18.63.110.A.3. An average buffer width of 50 feet may be utilized around the perimeter of a significant wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured, and that there will be an enhanced buffer treatment through the implementation and maintenance of a restoration and enhancement plan within the buffer area. J,6~epA Protect,, o r g % e~ o'r a° a, 3 Figure 6: Wetland Protection Zone for Locally Significant Wetlands 2. Possible Wetlands - For wetlands not classified as Locally Significant on the Water Resources Map, the Wetland Protection Zone shall consist of all AMC Chapter 18.63 Water Resource Protection Zones Page 12 11/1712009 lands identified to have a wetland presence on the wetland delineation, plus all lands within 20 feet of the upland-wetland edge (Figure 7). Possible Wetlands includes all areas designated as such on the Water Resources Map and any unmapped wetlands discovered on site. A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance with section 18.63.110.A.3. An average buffer width of 20 feet may be utilized around the perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured. met\aad Proterpon ° 200 m` o'C D `r 'Al u 3 Wetland L- -.MIA Figure 7: Wetland Protection Zone for Possible Wetlands 3. Determination of Protection Zone - The measurement of the Wetland Protection Zone shall be a horizontal distance from the upland-wetland edge as specified above. 18.63.060 Activities and Uses Exempt from These Regulations A. Exempt Activities Within Water Resource Protection Zones. The following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Water Resource Protection Zone. Exempt activities and uses may qualify as development as defined in section 18.62.030.E and may require a permit for development in Floodplain Corridor Lands Chapter 18.62 1. Vegetation Maintenance, Planting and Removal a. Landscaping Maintenance. Continued maintenance of existing vegetation such as landscaping, lawn, gardens and trees. b. Lawn. Existing lawn within Water Resource Protection Zones may be maintained, but existing lawn shall not be expanded and new lawn shall not be installed. c. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum and shall be in accordance with the Tree Preservation AMC Chapter 18.63 Water Resource Protection Zones Page 13 11/17/2009 and Protection Chapter 18.61. Under no circumstances shall the maintenance pruning be so severe that it compromises the tree's health, longevity, or resource functions (i.e. shade, soil stability, erosion control, etc.) d. Non-native, Noxious and Invasive Vegetation Removal. Removal of non-native, noxious and invasive vegetation, and replacement with local native plant species. The act of removing non- native, noxious and invasive vegetation shall not result in the removal of native vegetation. Local native plant species for both wetland and stream bank applications are identified on the City of Ashland's Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City of Ashland's Prohibited Plant List. Removal and mowing of blackberries shall occur before May 1 or after July 31 to protect nesting birds. e. Hazardous Tree Removal. Removal of a hazardous tree. A hazardous tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property. A permit for Hazardous Tree Removal shall be processed under the procedures and approval criteria described in the Tree Preservation and Protection Chapter 18.61. f. In-channel Vegetation Removal. Removal of emergent in-channel vegetation that is likely to cause flooding using non-invasive methods such as mowing or weed-whacking that do not disturb the underlying substrate. Mechanized removal of emergent in-channel vegetation that would involve associated removal of soil below the ordinary high water line is not permitted and would otherwise be subject to state and federal wetland permitting requirements. g. Routine Planting. The planting of local native plant species or the replacement of non-native, noxious and invasive plants with local native plant species. Local native plant species for both wetland and stream bank applications are identified on the City of Ashland's Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City of Ashland's Prohibited Plant List. h. Use of Hand-held Equipment or Machinery. Use of hand-held equipment or machinery for vegetation maintenance, planting and removal within Water Resource Protection Zones. i. Use of Power-assisted Equipment or Machinery. Use of power- assisted equipment or machinery for vegetation maintenance, planting and removal within Water Resource Protection Zones when soil disturbance and erosion are minimized by all of the following measures. i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31, and shall not occur during the remaining wet months of the year. ii. The general topography of the Water Resource Protection Zone shall be retained. AMC Chapter 18.63 Water Resource Protection Zones Page 14 11117/2009 iii. Soil compaction from construction equipment shall be reduced by distributing the weight of the equipment over a large area (e.g. laying lightweight geogrids, mulch, chipped wood, plywood, OSB, metal plats or other materials capable of weight distribution in the pathway of the equipment). iv. Local native plant species shall not be damaged or removed. v. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year and 90% after five years. 2. Building, Paving and Grading a. Testing. Site investigative work with minimal surface area disturbance conducted by or required by a city, county, state, or federal agency such as surveys, percolation tests, soil borings or other similar tests. b. Unpaved Trails. The establishment of unpaved trails and related educational displays. Trail width shall not exceed 36 inches, stair width shall not exceed 50 inches, and trail grade shall not exceed 20% except for the portion of the trail containing stairs. Trails in public parks may be up to 72 inches in width to accommodate high pedestrian traffic areas. Trails construction within a delineated wetland boundary shall be by permit in accordance with local, state and federal permitting requirements and approved management plans. c. Storm Water Treatment Facility Maintenance. Routine maintenance of storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in order to maintain flow and prevent flooding when conducted in accordance with local, state and federal permitting requirements and approved management plans. Multi-year maintenance plans for existing storm water treatment facilities without previously approved management plans require a Limited Activity and Use Permit in accordance with section 18.63.070.A.2. 3. Nonconforming Activities, Uses and Structures - An activity, use or structure legally established prior to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter shall be considered a nonconforming activity, use or structure, and may continue subject to the following provisions. a. Nonconforming Structures. Nonconforming structures within or partially within a Water Resource Protection Zone may be maintained and used. b. Expansion of Nonconforming Structures. Expansion of the footprint of a nonconforming structure within or partially within a Water Resource Protection Zone if the expansion of the footprint occurs outside the Water Resource Protection Zone and additional surface area in the Water Resource Protection Zone is not disturbed. AMC Chapter 18.63 Water Resource Protection Zones Page 15 11/17/2009 Additional stories may be added to nonconforming structures if the existing building footprint with the Water Resource Protection Zone is not changed in size. or shape and additional surface area in the Water Resource Protection Zone is not disturbed. c. Replacement of Nonconforming Principal Buildings in Residential Zoning Districts. Nonconforming principal buildings within or partially within a Water Resource Protection Zone and located in residential zoning districts may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10. d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within Historic Districts. Nonconforming structures within or partially within a Water Resource Protection Zone, located in a non-residential zoning district and within a Historic District may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10. e. Previously Approved Building Envelopes and Driveways. Previously approved building envelopes and driveways within or partially within a Water Resource Protection Zone may be built as originally approved and do not have to meet the requirements of this chapter if the following conditions are met: i. Building permits are approved and construction is commenced within 36 months from the effective date of this ordinance. ii. The building envelope or driveway location was established and received City of Ashland Planning Division approval prior the effective date of this ordinance. iii. The building envelope is located on a vacant lot. iv. The building envelope is located on a lot which was created prior to the effective date of this ordinance. v. The driveway will provide access to a lot which was created prior to the effective date of this ordinance. f. Exemptions for Historic Public Parks and Properties. Nonconforming activities, landscaping, uses and structures included in Lithia Park, Blue Bird Park and Calle Guanajuato and located in the Water Resource Protection Zone may be used, maintained and replaced, but shall not be expanded or enlarged within the Water Resource Protection Zone. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with AMC Chapter 18.63 Water Resource Protection Zones Page 16 11/17/2009 the requirements of the Flood Damage Prevention Regulations Chapter 15.10. 4. City Emergency Activities - Emergency repair authorized by the City Administrator or his/her designee which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, in order to address at least one of the following. a. Prevent an imminent threat to public health or safety. b. Prevent imminent danger to public or private property. c. Prevent an imminent threat of serious environment degradation. B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In addition to the Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Stream Bank Protection Zone. 1. Fire Hazard Prevention - Cutting or thinning of vegetation for fire hazard prevention provided that the cutting or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62. 2. Stream Restoration and Enhancement - Stream restoration and enhancement projects when all of the following are met. a. The restoration and enhancement results in a net gain in stream bank corridor functions. b. The lot is in a residential zoning district and occupied only by a single-family dwelling and accessory structures. c. The property has not undergone stream restoration and enhancement work in the past 12 months. d. The restoration and enhancement project does not involve in- stream work. e. The restoration and enhancement project may include minor earth moving activities involving excavation or placement of up to five cubic yards of soil and earth-moving activity disturbing a surface area of no more than 1,000 square feet. 3. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct flood waters may be installed in the upland half of the riparian buffer furthest away from the stream. Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section 18.62.070.K. 4. Outdoor Patio Areas- Outdoor patio areas consisting of porous solid surfaces up to 150 square feet in size per lot, but not including decks, may be constructed in the upland half of the riparian buffer furthest away from the stream. AMC Chapter 18.63 Water Resource Protection Zones Page 17 11/17/2009 5. Public Utility Maintenance and Replacement - Routine maintenance and replacement of existing public utilities and irrigation pumps if work disturbs no more total surface area than the area inside the public utility easement and up to an additional five percent surface area of the public utility easement outside of the public utility easement. 6. Private Utility Maintenance and Replacement - Routine maintenance and replacement of existing private utilities and irrigation pumps. 7. Driveway and Street Maintenance and Paving - Maintenance, paving and reconstruction of existing public and private streets and driveways if work disturbs no more total surface area than the area inside the street right- of-way or access easement and up to an additional five percent surface area of the street right-of-way or access easement outside of the right-of-way or easement. Public streets shall be located in public right-of-way or a public easement. C. Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Wetland Protection Zone. 1. Fire Hazard Prevention - Perimeter mowing or thinning of vegetation only within the wetland buffer for fire hazard prevention provided that the mowing or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62. 2. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct flood waters may be installed in the wetland buffer. Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section 18.62.070.K. 18.63.070 Limited Activities and Uses within Water Resource Protection Zones The following activities and uses within Water Resource Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.D. A. Limited Activities and Uses within Water Resource Protection Zones. 1. Use of Power-assisted Equipment or Machinery - Use of power- assisted equipment or machinery for vegetation maintenance unless otherwise exempted in section 18.63.060.A.1.h. AMC Chapter 18.63 Water Resource Protection Zones Page 18 11/17/2009 2. Multi-year Maintenance Plans - Multi-year maintenance plans may be authorized as follows for existing areas or storm water treatment facilities in Water Resource Protection Zones which do not have a previously approved management plans. a. Publicly and Commonly Owned Properties. The routine restoration and enhancement of publicly and commonly owned properties such as public parks and private open spaces. b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in order to maintain flow and prevent flooding. Routine maintenance of storm water treatment facilities in accordance with an approved management plan is exempted as outline in section 18.63.060.A.2.c. 3. Building, Paving, and Grading Activities - Permanent alteration of Water Resource Protection Zones by grading or by the placement of structures, fill or impervious surfaces may be authorized as follows. a. New Public Access and Utilities. The location and construction of public streets, bridges, trails, multi-use path connections and utilities deemed necessary to maintain a functional system and upon finding that no other reasonable, alternate location outside the Water Resource Protection Zone exists. This title, the Comprehensive Plan, Transportation System Plan, adopted utility master plans and other adopted documents shall guide this determination. b. New Private Access and Utilities. The location and construction of private streets, driveways and utilities to provide a means of access to an otherwise inaccessible or landlocked property where no other reasonable, alternate location outside the Water Resource Protection Zone exists. c. Storm Water Treatment Facility Installation. Installation of public and private storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands. d. Replacement of Nonconforming Accessory Structures in Residential Districts and Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Outside Historic Districts. Replacement of nonconforming structures located within or partially within the original building footprint, except those nonconforming principal buildings exempted in section 18.63.060.A.3, provided replacement does not disturb additional surface area within the Water Resource Protection Zone. B. Additional Limited Activities and Uses within Stream Bank Protection Zones. In addition to the Limited Activities and Uses in section 18.63.070.A, the following activities and uses with the Stream Bank Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.D. 1. Stream Restoration and Enhancement - Restoration and enhancement projects resulting in a net gain in stream bank corridor functions unless AMC Chapter 18.63 Water Resource Protection Zones Page 19 11/17/2009 otherwise exempted in section 18.63.060.8.2. Restoration and enhancement activities not otherwise associated`with development involving building, grading or paving are encouraged, and planning application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. 2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction of existing public and private streets and driveways if work disturbs more total surface area than the area inside the street right-of- way or access easement and an additional five percent surface area of the street right-of-way or access easement outside of the right-of-way or easement. Public streets shall be located in public right-of-way or a public easement. 3. Public Utility Maintenance and Replacement - Routine maintenance and replacement of existing public utilities and irrigation pumps if work disturbs more total surface area than the area inside the public utility easement and an additional five percent surface area of the public utility easement outside of the public utility easement. 4. Erosion Control - Erosion control and stream bank stabilization measures that have been approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-structural bio-engineering methods. 5. Storm Water Outfall - Construction of a storm water outfall discharging treated storm water from an adjacent developed area provided that the discharge meets local, state and federal water quality regulations. 6. Bridges - The installation of a bridge or similar, bottomless crossing structure for the purpose of constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a means of access to an otherwise inaccessible or landlocked property. 7. Flood Control Measures - Installation or expansion of structural flood control measures, including but not limited to concrete retaining walls, gabions, gravity blocks, etc., shall generally be prohibited, but approved only if demonstrated that less-invasive, non-structural methods will not adequately meet the stabilization or flood control needs. C. Additional Limited Activities and Uses within Wetland Protection Zones. In addition to the Permitted Activities and Uses in section 18.63.070.A, the following activities and uses with the Wetland Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.D. 1. Wetland Restoration and Enhancement - Wetland restoration and enhancement projects resulting in a net gain in wetland functions. Wetland AMC Chapter 18.63 Water Resource Protection Zones Page 20 11/17/2009 restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. 2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction of existing public and private streets and driveways. Public streets shall be located in public right-of-way or public easement. 3. Public and Private Utility Maintenance and Replacement - Routine maintenance and replacement of existing public and private utilities that disturb lands within the Wetland Protection Zone. D. Approval Standards for Limited Activities and Uses within Water Resource Protection Zones. All Limited Activities and Uses within Water Resource Protection Zones described in section 18.63.070 shall be processed as a Type I land use procedure. The approval authority may approve or approve with conditions a request to conduct Limited Activities and Uses in a Water Resource Protection Zone based upon findings that the following standards have been satisfied. 1. All activities shall be located as far away from streams and wetlands as practicable, designed to minimize intrusion into the Water Resources Protection Zone and disturb as little of the surface area of the Water Resource Protection Zone as practicable. 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on Water Resources. 3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25% or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. 4. Water, storm drain and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and wetlands. 5. Stream channel repair and enhancement, riparian habitat restoration and enhancement and wetland restoration and enhancement will be restored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 18.63.120. 6. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and AMC Chapter 18.63 Water Resource Protection Zones Page 21 11/1712009 recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.080 Water Resource Protection Zone Reductions A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use procedure, and by greater than 25% and up to 50% through a Type II land use procedure to allow alteration within the Water Resource Protection Zone based upon findings that the following approval criteria have been satisfied. A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings; or maximum building height) to permit development as far outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall be reviewed as part of the requested reduction, and shall not be subject to a separate Variance application under Chapter 18.100. Reductions to dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the north through a concurrent Solar Access Variance application as described in section 18.70.060. B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently perform the proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development. 1. Multi-story construction shall be considered. 2. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. 4. Engineering solutions shall be used to minimize additional grading and/or fill. C. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures. The structures, functions and values of the Water Resource will be restored through the implementation of a restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in section 18.63.120. AMC Chapter 18.63 Water Resource Protection Zones Page 22 11/17/2009 D. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.090 Hardship Variances Hardship Variances shall be processed as a Type II land use procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100. The approval authority may approve or approve with conditions a request for a Hardship Variance based upon findings that the following approval criteria have been satisfied. A. The application of this chapter unduly restricts the development or use of the lot, and renders the lot not buildable. B. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. C. The applicant has explored all other reasonable options available under this chapter and throughout the Ashland Land Use Ordinance to relieve the hardship. D. Adverse impacts on the structures, functions or values of the resource including water quality, erosion, or slope stability that would result from approval of this Hardship Variance have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared in accordance with the standards and requirements in section 18.63.120. E. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within Water Resource Protection Zones Planning actions and procedures containing Water Resource Protection Zones and involving the division of land or lot line adjustments shall comply with the following provisions and shall include the plan requirements in section 18.63.110.A.3. A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses. AMC Chapter 18.63 Water Resource Protection Zones Page 23 11/17/2009 B. Conservation Area. Performance Standards Option Subdivision, Subdivision, Partition, and Site Design Review applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consistent with the provisions of this chapter. The approval authority may require that the Water Resource Protection Zone be included in a separate tract of land managed by a homeowners' association or other common ownership entity responsible for preservation. C. Density Transfer. Density calculated from the land area contained within the Water Resource Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided the following standards are met. 1. Partitions and subdivisions involving density transfer shall be processed under the Performance Standards Options Chapter 18.88. 2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to which the density will be transferred. 3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed by a homeowner's association or other common ownership entity responsible for management of the area. 4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership. 5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number. D. Management Plan. Long term conservation, management and maintenance of the Water Resource Protection Zone consistent with the requirements of this chapter shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C. E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the requirements of section 18.63.120 to mitigate impacts resulting from land divisions. F. Exemptions for a Public Purpose. An exemption to the requirements described above shall be granted for lots created for public park purposes, or privately-owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands contained within the Water Resource Protection Zone. AMC Chapter 18.63 Water Resource Protection Zones Page 24 1111712009 18.63.110 Plan Requirements A. Required Plans and Information. The following plans and information shall be submitted with the application for activities and uses in a Water Resource Protection Zone which are required to be processed under a Type I or Type II land use procedure including Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances. 1. A narrative description of all proposed activities and uses including the extent to which any Water Resource Protection Zone is proposed to be altered or affected as a result of the proposed development activity or use (in terms both of square footage of surface disturbance and cubic yards of overall disturbance). 2. Written findings of fact addressing all applicable development standards and approval criteria. 3. Site development plan map, drawn to scale - The application shall include a site map of the subject property prepared by a licensed surveyor, civil engineer or other design professional that includes the information described below. The Staff Advisor may request additional information based upon the character of the site or the specific nature of the proposal. a. All watercourses identified (including any drainage ways, ponds, etc). b. Surveyed location of the Water Resource Protection Zone, as described in section 18.63.050. For applications involving single- family residences or Limited Activities and Uses, in lieu of a surveyed location, the Staff Advisor may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee in which the applicant shall be required to stake the top-of- bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone. c. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non- fish-bearing; identification of the top-of-bank or center line as required; and surveyed location of the stream's floodway and floodplain, if applicable. d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an accompanying site map) prepared by a natural resource professional and that has been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland boundaries identified. AMC Chapter 18.63 Water Resource Protection Zones Page 25 11/17/2009 e. Topographic information at two foot contour increments identifying both existing grades and proposed grade changes. f. Surveyed locations of all trees six inches in diameter at breast height (dbh) or greater located in the Water Resource Protection Zone and within 15 feet of the Water Resource Protection Zone, identified by edge of canopy, diameter at breast height and species; g. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native, invasive species identified. h. Location of existing and proposed development, including all existing and proposed structures, any areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other alterations to the site's natural state. i. The location of natural features, proposed and existing structures, and other proposed and existing improvements associated with lands within 100 feet of the Water Resource Protection Zone. j. Proposed and existing land uses within 100 feet of the Water Resource Protection Zone. k. The location of temporary fencing and erosion control measures installed to prevent encroachment and flow of material into the Water Resource Protection Zone, such as sediment fencing and hay bales, etc. 1. North arrow and scale. m. Sources of information (federal, state and local). 4. Mitigation Plan prepared in accordance with the requirements described in section 18.63.120. 5. Management Plan prepared in accordance with the requirements described in section 18.63.120.C., except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. B. Building Permits and Development Activities. When approval of a planning action is not required, other permit applications for the construction of structures or other development activities on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor to assure that Water Resource Protection Zones are accurately identified on a site plan and that Limited Activities and Uses or other site disturbances will not be conducted within the Water Resource Protection Zone. AMC Chapter 18.63 Water Resource Protection Zones Page 26 11117/2009 1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion control measures may be required to be installed to prevent encroachment and flow of material or other debris into the Water Resource Protection Zone and to otherwise prevent impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When required, these measures shall be installed and site-verified by the Staff Advisor before any permits are issued and prior to the commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to the land. C. Required Information Waived - Determination. Applications under this chapter involving properties containing a Water Resource Protection Zone shall accurately indicate the locations of these features and all other information as described and required above. The Staff Advisor may waive one or more of the required elements of the site development plan map in section 18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation, grading, site clearing, construction or similar actions resulting in changes to the property are not located within the boundaries of the Water Resource Protection Zone. 18.63.120 Mitigation Requirements A. Vegetation Preservation and Construction Staging. The following standards shall be addressed in mitigation plans to protect vegetation identified for preservation and water resources from sedimentation when construction activity is proposed within a Water Resources Protection Zone. 1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. 2. Trees shall not be used as anchors for stabilizing equipment. 3. Stockpiling of soil,'or soil mixed with vegetation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. 4. Temporary erosion control measures shall be installed to prevent encroachment and flow of runoff, material or other debris into the Water Resource. These measures shall be installed prior to the commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to the land. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity AMC Chapter 18.63 Water Resource Protection Zones Page 27 11/17/2009 shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans. Mitigation plans are required to meet the standards in either the Prescriptive Option or Alternative Option as follows. 1. Prescriptive Option The mitigation plan shall meet the following standards. a. Re-planting Timeline. Re-planting shall occur within 90 days of authorized land disturbance. b. Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a one square foot to one and a half square feet (1:1.5) ratio (e.g. if 100 square feet of surface area is disturbed, 150 square feet shall be restored, re- planted and enhanced). c. Local Native Plant Species Coverage. The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees (Figures 8, 9 and 10). The Wetland Protection Zone shall. be 100% plant coverage in local native plant species and in accordance with local, state and federal approved management plans. Local native plant species for stream bank and wetland applications are identified on the City of Ashland's Local Native Plant Species List. The use of noxious and invasive plants on the City of Ashland's Prohibited Plant List in Water Resource Protection Zones is prohibited. AMC Chapter 18.63 Water Resource Protection Zones Page 28 11/17/2009 Stream Sank Protection Zone 50 feet Top of 50 feet Bank 80% Native Shrubs & 100% Native Trees Figure 8: Native Plant Requirements for Riparian Corridor Streams Stream Bank Protection Zone 40 feet 40 feet Centerline i i 50% Native Shrubs & 100% Native Trees Figure 9: Native Plant Requirements for Local Streams AMC Chapter 18.63 Water Resource Protection Zones Page 29 11/17/2009 Stream Bank Protection Zone 30 feet 30 feet Ceirterline B i t 50% Native Shrubs 8 100% Native Trees Figure 10: Native Plant Requirements for Intermittent and Ephemeral Streams d. Re-planting Priorities. i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species. ii. Plant materials shall be located in such a manner as to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control, bank stabilization and wildlife habitat enhancement. iii. Nearby riparian plant communities should be used as a guide for developing a re-vegetation plan. e. Shrub and Tree Requirements. Re-planting shall include shrubs and tree canopy layers in accordance with the following coverage and spacing requirements,. i. Shrubs shall be planted and maintained to provide a minimum of 50% total coverage of the restored area within a five year period. The minimum planting size shall be one gallon. Restoration areas that have existing vegetated under-story consisting of healthy riparian shrubs that covers at least 50% of the restoration area are considered compliant with the restoration standards for under-story plantings. ii. Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be one inch caliper. All new trees shall be staked and protected by deer/rodent-proof fencing. Restoration areas that have an existing vegetated tree canopy consisting of AMC Chapter 18.63 Water Resource Protection Zones Page 30 11/17/2009 healthy trees at least four inches d.b.h. and at an average spacing of 20 feet on-center are considered compliant with the restoration standards for trees. f. Erosion Control. Erosion control material such as mulch, hay, jute- netting, or comparable material shall be applied to protect disturbed, re-planted areas. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year and 90% coverage after five years. g. Irrigation. New plantings shall be irrigated for a period of five years to ensure establishment. h. Performance. Local native plant species that do not survive the first two years after planting shall be replaced. i. Landscape and Irrigation Plans. A mitigation plan shall include landscape and irrigation plans, with details addressing the proposed plant species, variety, size of plant materials, number of plants, timing of plantings, plant spacing and installation methods. The landscape plan shall address the plant coverage by local native plant species after fiveyears. 2. Alternative Option -The mitigation plan shall address the following requirements, and shall meet or exceed the standards in the Prescription Option in section 18.63.120.8.1. The Staff Advisor may require the mitigation plan to be prepared by a natural resource professional. a. Assessment of Water Resource Protection Zone Structures, Functions and Values. A mitigation plan shall include an assessment of the structures, functions and values (i.e. water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource Protection Zone and a clear explanation of how these impacts are to be mitigated. b. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and establish clear and measurable standards for determining if stated objectives have been accomplished. For example, the objective might be to restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while the standard might be a certain percentage of shade canopy coverage at the end of one year and 100% shade canopy coverage after three years. c. Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and hydrology of the mitigation area, including a grading plan at two foot contour intervals. For applications involving Wetland Protection Zones, the application shall demonstrate that AMC Chapter 18.63 Water Resource Protection Zones Page 31 11117/2009 plants have adequate access to site hydrology. For applications involving Stream Bank Protection Zones, the grading plan shall identify newly planted areas and include slope stabilizing measures to prevent erosion, ensure vegetative coverage and limit plant mortality. d. Landscape Plan. The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees (Figures 8, 9 and 10). The Wetland Protection Zone shall be 100% plant coverage in local native plant species and in accordance with local, state and federal approved management plans. Local native plant species for stream bank and wetland applications are identified on the City of Ashland's Local Native Plant Species List. The use of noxious and invasive plants on the City of Ashland's Prohibited Plant List in Water Resource Protection Zones is prohibited. The landscape plan shall address the plant coverage by local native plant species after five years, and shall be size and species-specific, with details addressing the timing of plantings, proposed plant placement and plant spacing. C. Management Plan. The applicant shall implement a management plan for the Water Resource Protection Zone and resource areas under the applicant's ownership or control, including the areas restored and enhanced to assure long term conservation and maintenance. The management plan shall detail proposed monitoring and maintenance, and shall include a schedule delineating how completed projects will be monitored and reported to the Staff Advisor. The management plan shall contain the following requirements. 1. The approved mitigation plan. 2. Identification of Water Resources and Water Resource Protection Zone management practices to be conducted and proposed intervals. 3. The following statements. a. "There shall be no alteration of the Water Resource Protection Zones as delineated and shown on the attached plan" (attach reduced plan). b. "There shall be no alteration of the size, shape or design of an approved Water Resource Protection Zone without prior approval by the City of Ashland". c. "There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland". 4. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris. AMC Chapter 18.63 Water Resource Protection Zones Page 32 11/17/2009 5. Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies. 6. Specific provisions for city enforcement of the management plan. 7. Any additional measures deemed necessary to protect and maintain the structures, functions and values of the Water Resource Protection Zone (e.g. signage delineating preservation boundaries). 8. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource Protection Zone including but not limited to the following. 9. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. 10. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. 11. Other mechanisms addressing long-term protection, maintenance and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. D. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the project. The approval authority may require a performance bond or similar monetary insurance of up to 110% of the proposal's cost to guarantee that the mitigation proposal will be carried out as approved, and to ensure that the objectives are met through demonstration of compliance with measurable standards and that the site will be maintained to keep the Water Resource functioning properly. 18.63.130 Map Errors and Adjustments A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on the Water Resources Map when the applicant has shown that a mapping error has occurred and the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update the Water Resources Map and record the wetland delineation document. No formal variance application or plan amendment is required for map corrections where an approved delineation with a DSL letter of AMC Chapter 18.63 Water Resource Protection Zones Page 33 11117/2009 concurrence is provided. Approved delineations shall be subject to the terms of expiration set forth in the DSL approval. 18.63.140 Enforcement and Penalties A. Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition of a permit issued under this chapter shall be a violation as defined by General Penalty Chapter 1.08 and punishable by a fine as set forth in that section. B. Mitigation and Management. Within 30 days of notification by the City of Ashland Planning Division of a violation of a provision of this chapter or any condition of a permit issued under this chapter, mitigation shall be required and the Staff Advisor may require the property owner to submit a mitigation plan prepared by a natural resource professional and in accordance with section 18.63.120.B. C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as restitution for the enforcement costs incurred by the City. This fee may be imposed upon any person who violates any provision of this chapter or who violates any permit or condition of any issued permit under this chapter. The fee shall be in an amount established by resolution of the City Council. AMC Chapter 18.63 Water Resource Protection Zones Page 34 11/17/2009 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE PHYSICAL & ENVIRONMENTAL CONSTRAINTS CHAPTER (AMC 18.62) AND PROCEDURES CHAPTER (AMC 18.108), CONCERNING CONSISTENCY WITH NEW CHAPTER AMC 18.63, WATER RESOURCE PROTECTION ZONES, AND RESERVATION OF REGULATIONS FOR PURPOSES OF CLAIMS. Annotated to show deletions and additions to the code sections being modified. Deletions are bold Uged4hfGugh 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 Ass'n of Firefighters, Local 1660. Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on November 6, 2008 and following deliberations recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 21, 2009, and, on several additional public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. Page 1 of 9 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 18.62 (section index) of the Ashland Municipal Code [PHYSICAL & ENVIRONMENTAL CONSTRAINTS] is hereby amended to read as follows: Chapter 18.62 PHYSICAL & ENVIRONMENTAL CONSTRAINTS SECTIONS: 18.62.010 Purpose and Intent. 18.62.020 Regulatier+s Where Regulations Apply. 18.62.030 Definitions. 18.62.040 Approval and Permit Required. 18.62.050 Land Classifications. 18.62.060 Official Maps. 18.62.070 Development Standards for Flood plain Corridor Lands. vt ~a vwis v~ s., ~v~,-s- 18.62.075 -Development S Riparian or2sefir...eo.: Lands. 18.62.080 Development Standards for Hillside Lands. 18.62.090 Development Standards for Wildfire Lands. 18.62.100 Development Standards for Severe Constraint Lands. 18.62.110 Density Transfer. 18.62.130 Penalties. SECTION 3. Section 18.62.020 of the Ashland Municipal Code [PHYSICAL & ENVIRONMENTAL CONSTRAINTS - Regulations] is hereby amended to read as follows: SECTION 18.62.020 Where Regulations Apply Regulations The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in Section 18.62.050. if those FegulatienS GGRfliGt With the . cg.. ulations shall moo.`...Where this Chapter and any other ordinance. easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will be some overlap between the regulations in this Chapter and those in Chapter 18.63 Water Resources. Where two (2) regulations are in conflict, the most stringent shall govern. SECTION 4.. Sections 18.62.040A - C of the Ashland Municipal Code [PHYSICAL & ENVIRONMENTAL CONSTRAINTS - Approval and Permit Required] are hereby amended to read as follows: Page 2 of 9 SECTION 18.62.040 Approval and Permit Required. A Physical Constraints Review Permit is required for the following activities: A. Development, as defined in 18.62.030.D, in areas identified as Flood plain Corridor Land, RipaFi^^ PFeseF Hillside Land, or Severe Constraint land. B. Tree removal, as defined in 18.62.030. RT., in areas identified as Flood plain Corridor Land and DipaFia^ PFesep•^ C. Commercial logging, in areas identified as Flood plain Corridor Land, Riparian °reseFve, Hillside Land, or Severe Constraint Land. SECTION 5. Section 18.62.050 of the Ashland Municipal Code [PHYSICAL & ENVIRONMENTAL CONSTRAINTS - Land Classifications] is hereby amended to read as follows: SECTION 18.62.050 Land Classifications. The following factors shall be used to determine the classifications of various lands and their constraints to building and development on them: A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The following lands are classified as Flood plain Corridor lands: 1. All land contained within the 100 year Flood plain as defined by the Federal Flood Insurance Program, and in maps adopted by Chapter 15.10 of the Ashland Municipal Code. 2. All land within the area defined as Flood plain Corridor land in maps adopted by the Council as provided for in section 18.62.060. 3. All lands which have physical or historical evidence of flooding in the historical past. 40 All areas within twenty (201 feet (horizontal distance) of any stream Greek designatedfer_identified as a _Riparian Preservation Stream ' . depiGted as suGh on maps adGpted by the GGUnGil as pFGVlded for On on the Physical and Environmental Constraints Floodplain Corridor Lands maps adopted pursuant to section 18.62.060 50 All areas within ten (10) feet (horizontal distance) of any stream drainage Ghanne4 identified as a Land Drainage Corridor the CeunGii on the Physical and Environmental Constraints Floodplain Corridor Lands maps adopted pursuant to section 18.62.060 huf net designated as RIpaFiaA PFeseFyatian. Diparian Preservation - r~^ fallo ing FlGed plain CGFFi GF Lands al listed an the Ph _al and E.nyir,.... ental Genet:....^a n i. Maps; Tolman, Hamilton, Clay, BeaF, K*tGhen, Ashland, Neil and WFIghtS GFeeksr C B. Hillside Lands - Hillside Lands are lands which are subject to damage from erosion and slope failure, and include areas which are highly visible from other portions of the city. The following lands are classified as Hillside Lands: Page 3 of 9 1. All areas defined as Hillside Lands on the Physical Constraints Overlay map and which have a slope of 25 % pereent or greater. DC. Wildfire Lands - Lands with potential of wildfire. The following lands are classified as Wildfire Lands: 1. All areas defined as wildfire lands on the Physical Constraints Overlay map. €D. Severe Constraint Lands - ands with severe development characteristics which generally limit normal development. The following lands are classified as Severe Constraint Lands: 1. All areas which are within the floodway channels, as defined in Chapter 15.10. 2. All lands with a slope greater than 35 % percent. F E.. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the whole parcel. SECTION 6. Section 18.62.070 of the Ashland Municipal Code [PHYSICAL & ENVIRONMENTAL CONSTRAINTS - Development Standards for Flood Plain Corridor Lands] is hereby amended to read as follows: SECTION 18.62.070 Development Standards for Flood plain Corridor Lands. For all land use actions which could result in development of the Flood plain Corridor, the following is required in addition to any requirements of Chapter 15.10: A. Standards for fill in Flood plain Corridor lands: 1. Fill shall be designed as required by the International Building Code and International Residential Code, where applicable. 2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in section 15.10, and the fill shall not exceed the angle of repose of the material used for fill. 3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill and other material imported from off the lot that could displace floodwater shall be limited to the following: a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials, and fill associated with approved public and private street and driveway construction. c. Plants and other landscaping and agricultural material. d. A total of 50 cubic yards of other imported fill material. e. The above limits on fill shall be measured from April 1989, and shall not exceed the above amounts. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number of permits issued. 4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials must be obtained on the lot from cutting or excavation only to the extent necessary to create an elevated site for permitted development. All Page 4 of 9 additional fill material shall be obtained from the portion of the lot in the Flood plain Corridor. 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located as close to the outside edge of the Flood plain Corridor as feasible. B. Culvertffinci Stream crossing for streets, access or utilities of any waterway or stream Creek identified on the official maps adopted pursuant to section 18.62.060 must be designed by an engineer. Stream crossings shall be designed to the standards of Chapter 15.10, or where no floodway has been identified, to pass a one hundred (100) year flood without any increase in the upstream flood height elevation. The engineer shall consider in the design the probability that the crossing eUIveFt will be blocked by debris in a severe flood, and accommodate expected overflow. The crossing shall be at right angles to the stream channel to the greatest extent possible. Fill for stream crossings shall be kept to the minimum necessary to achieve property access, but is exempt from the limitations in section (A) above. C. Non-residential structures shall be flood-proof to the standards in Chapter 15.10 to one foot above the elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in the official maps adopted by section 18.62.060, whichever height is greater. Where no specific elevations exist, then they must be floodproofed to an elevation of ten feet above the creek stream channel on Ashland, Bear or Neil Creek; to five feet above the Creek stream channel on all other Riparian rog-PR:2 sreeksPreservation Streams defined On sertlen 19.62.050.113 identified on the official maps adopted pursuant to section 18.62.060; and three feet above the stream channel on all other drainage ways identified Land Drainage Corridors identified on the official maps adopted pursuant to section 18.62.060. D. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one foot above the elevation contained in the maps adopted in chapter 15.10, or to the elevation contained in the official maps adopted pursuant to by section 18.62.060, whichever height is greater. Where no specific elevations exist, then they must be constructed at an elevation of ten feet above the Creek stream channel on Ashland, Bear, or Neil Creek; to five feet above the Creek stream channel on all other Riparian Prese m~e arreeks Preservation Streams defined On identified on the official maps adopted pursuant to section 18.62.060: and three feet above the stream channel on all other drainage -ways identified Land Drainage Corridors identified on the official maps adopted pursuant to section 18.62.060, or one foot above visible evidence of high flood water flow, whichever is greater. The elevation of the finished lowest habitable floor shall be certified to the city by an engineer or surveyor prior to issuance of a certificate of occupancy for the structure. E. To the maximum extent feasible, structures shall be placed on other than Flood plain Corridor Lands. In the case where development is permitted in the Flood plain corridor area, then development shall be limited to that area which would have the shallowest flooding. Page 5 of 9 I F. Existing lots with buildable land outside the Flood plain Corridor shall locate all residential structures outside the Corridor land, unless 50% or more of the lot is within the Flood plain Corridor. For residential uses proposed for existing lots that have more than 50% of the lot in Corridor land, structures may be located on that portion of the Flood plain corridor that is two feet or less below the flood elevations on the official maps, but in no case closer than 20 feet to the channel of a Riparian Preservation Greek Stream identified on the official maps adopted pursuant to section 18.62.060. Construction shall be subject to the requirements in paragraph D above. G. New non-residential uses may be located on that portion of Flood plain Corridor lands that equal to or above the flood elevations on the official maps adopted in section 18.62.060. Second story construction may be cantilevered or supported by pillars that will have minimal impact on the flow of floodwaters over the Flood plain corridor for a distance of 20 feet if it does not impact riparian vegetation, and the clearance from finished grade is at least ten feet in height, and have minimal The finished floor elevation may not be more than two feet below the flood corridor elevations. H. All lots modified by lot line adjustments, or new lots created from lots which contain Flood plain Corridor land must contain a building envelope on all lot(s) which contain(s) buildable area of a sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance. 1. Basements. 1. Habitable basements are not permitted for new or existing structures or additions located within the Flood plain Corridor. 2. Non-habitable basements, used for storage, parking, and similar uses are permitted for residential structures but must be flood-proofed to the standards of Chapter 15.10. J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in Flood plain Corridor lands. K. c^n^^^ n^t.....tnd %A,Fwthwn 20 feet of o:n°':an o"eseWatien Greek any designated by this GhapteF shall be limited tO WiFe OF eleGtriG F wire nlesb nr chain link s°^n°^^ Fences shall be located and constructed in accordance with section 18.63.060.6. 3. Fences shall not be constructed across any waterway or stream identified on the official maps adopted pursuant to section 18.62.060 identified FlpaFian drainage OF FilaaFian at:^^ ^^v Fences shall not be constructed within any designated floodway. L. Decks and structures other than buildings, if constructed on Flood plain Corridor Lands and at or below the levels specified in section 18.62.070.C and D, shall be flood-proofed to the standards contained in Chapter 15.10. M. Local streets and utility connections to developments in and adjacent to the Flood plain Corridor shall be located outside of the Flood plain Corridor, except for crossing Page 6 of 9 the Corridor, and except as provided for in Chapter 18.63 Water Resource Protection Zones, or in the Bear Creek Flood plain corridor as outlined below: 1. Public street construction may be allowed within the Bear Creek Flood plain corridor as part of development following the adopted North Mountain Neighborhood Plan. This exception shall only be permitted for that section of the Bear Creek Flood plain corridor between North Mountain Avenue and the Nevada Street right-of-way. The new street shall be constructed in the general location as indicated on the neighborhood plan map, and in the area generally described as having the shallowest potential for flooding within the corridor. 2. Proposed development that is not in accord with the North Mountain Neighborhood Plan shall not be permitted to utilize this exception. SECTION 7. Section 18.62.075 of the Ashland Municipal Code [PHYSICAL & ENVIRONMENTAL CONSTRAINTS - Development Standards for Riparian Preservation Lands] is hereby amended to read as follows: 18-62.075 Development Standards fer Rllparian~Psesewatmon~land A All development On areas ndiGated fGF Riparian OFesengatien, as defined . 1. Development shall be subjeGt to all Development StandaFds foF Flood plain COrridn. I ands (18-62.07-0)2. 2 Any tree ever six ehes d h h shall he Fetained to then eatest extent feasible Z rill an.l Gulye.Hng shall be n rn:tted eel.. fGF st'eets utilities The Wassong shall be at Fight a .des to the ek Ghannel to the greatest eaten possible. C:ll shall be kept to a minimum 4- The general topography of RipaFiaR D.eseryatinn land shall he retained SECTION 8. Section 18.108.040. A 2. of the Ashland Municipal Code [TYPE I PROCEDURE, Miscellaneous Actions] -is hereby amended to read as follows: SECTION 18.108.040 Type I Procedure. 2. Miscellaneous Actions. a. Amendments or modification to conditions of approval for Type I planning actions. b. Amendment or modification to conditions of approval for Type II actions where the modification involves only changes to tree removal and/or building envelopes. planning actions. c. Physical and Environmental Constraints Review permits as allowed in Chapter 18.62. d. Tree removal permits as required by Section 18.61.042(D). e. Limited Activities and Use permits as allowed in Chapter 18.63. f. Water Resource Protection Zone Reductions of up to 25% as allowed in Chapter 18.63. SECTION 9. Section 18.108.050. A. of the Ashland Municipal Code [TYPE II PROCEDURES] -is hereby amended to read as follows: Page 7 of 9 SECTION 18.108.050 Type II Procedure. A. Actions Included. The following planning actions shall be subject to the Type II Procedure: 1. All Conditional Use Permits not subject to a Type I procedure. 2. All variances not subject to the Type I procedure. 3. Outline Plan for subdivisions under the Performance Standard Options (AMC Chapter 18.88). 4. Preliminary Plat for subdivisions under the standard subdivision code (AMC Chapter 18.80). 5. Final Plan approval for all subdivision requests under the Performance Standard Options not requiring Outline Plan approval. 6. Water Resource Protection Zone Reductions greater than 25% and up to 50% as allowed in Chapter 18.63. 7. Hardship Variances as allowed in Chapter 18.63. 68. Any appeal of a Staff Advisor decision, including a Type I Planning Action or Interpretation of the Ashland Land Use Code. 79. Any other planning action not designated as subject to the Type I or Type III Procedure. SECTION 10. Note: Reservation of Existing Regulations for Purposes of Claims. Notwithstanding that existing land use regulations are being amended and/or repealed in this Ordinance and that those amendments and/or repeals shall be reflected in the Codification of the Ashland Municipal Code, the amendments and/or repeals implemented by this ordinance shall not be effective for purposes of claims against the City of Ashland, including but not limited to regulatory taking and Measure 49 claims. Notwithstanding the amendments and/or appeals shown herein, existing regulations that are shown as amended or repealed in this Ordinance shall continue in full force and effect with regard to any claim filed, and shall stand behind the new or amended regulations should the new or amended regulations be set aside. The City Recorder shall maintain a copy of the existing 18.62 regulations without the amendments and repeals implemented by this ordinance for purposes of future claims and shall place a note in Section 18.110 [Measure 49] indicating the reservation of existing ordinances for purposes of claims. SECTION 11. 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 12. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in Page 8 of 9 this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 13. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "bode", "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, 11-13) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors, including specifically changing the words "flood plain" to "floodplain" throughout the code. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2009, and duly PASSED and ADOPTED this day of 12009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 9 of 9 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN CHAPTER IV, [ENVIRONMENTAL RESOURCES] TO ADD A NEW AND UPDATED RESOURCE MAPS AND ADOPTING THE LOCAL WETLANDS. INVENTORY AS A SUPPORTING DOCUMENT Annotated to show deletions and additions to the code sections being modified. Deletions are bold Uned4hfGugh and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on October 28, 2008 and following deliberations recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 21, 2009, and on several additional public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland,.following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Comprehensive Plan in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Page 1 of 2 SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland Comprehensive Plan, Chapter IV, [ENVIRONMENTAL RESOURCES] is hereby amended to add the 2009 Ashland Water Resources Map, attached hereto as Exhibit A, and made a part hereof by this reference. SECTION 3. The City of Ashland Comprehensive Plan, Chapter IV, [ENVIRONMENTAL RESOURCES] is hereby amended to replace the existing Physical and Environmental Constraints Floodplain Map with a new 2009 Physical and Environmental Constraints Floodplain Map Ashland Water Resources Map, attached hereto as Exhibit B, and made a part hereof by this reference. SECTION 4 The City of Ashland Comprehensive Plan, Chapter IV, [ENVIRONMENTAL RESOURCES] is hereby amended to add as a support document to the Comprehensive Plan, Ashland Local Wetlands Inventory, attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word "ordinance" may be changed to "bode", "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, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2009, and duly PASSED and ADOPTED this day of 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 CO) i ? i S 1 ~ \ ~ ~ ~ 1: ~i~ f :,'-~/,~`~rj"•: ~~~7: ~.1'~1•'~G~.•'•~7 ( 'fir. Lie 9 a 1 4~1 1I ~w e f e -e 9 c ~,A4"', as € "L~: ■ ;'!~i S' e;3>;~ Lrl%.4 ~iFt ~l '~1. 13 .y 8 m e B r a ~ ff .1 N fl ~I ,7 ~1 /,j s~~A `ca 1-~-> 1~i 1 pp ` j ~pT 3' l~C+t,- ~ ~ T dJ•/i'7/: ham' V E i 1 5 E , ' _ c '~^~`_C`Jr r ' 1~ 1~' , .••or i~/i-'-<`r', p o / w..-r.... ' 'Iri ~,d sii rvr/ i ~ r yj 7(.~ • 9 Alm, IL f I / r n ► t c. 1 \ Y 01 l ~ ~~1• 'TZ • L@ ~ 5:: rl rj 1. ~ T- •Y! 1;ry,~7w:`FiiV ~ ~ahTJM~{{_•"J - ~ ~ ti •t1 . r l5 , ±A+] / a^~ ap+ . 1{'vF;•~"G'.L 4 T~J= • ' l ! ! LLL••••••LLLLLL I'&= xa-~',". +l'~u.%rt t7 ga Q a}. y \ T5 14 .:li ,i' U ~D S1iY~•~'.}~ J 1 . S,\ i - . f. riff Z. V~ Y ~s s n e,: 1 11~4y r vo~ 1 ~ 1~-~~ JEg~ tLJ •5 AJ OJI W. ~t 1J II •1 ~ ' Ki3?YI;Y 1 \ 01 t /_lasyr :}vtjvr_ i ''A.s'~.~y!Y L■ /~.'vsrr.r 1 y -+1 f ♦ . S . •~~~¢~i 1 ~ ~nl ~~.if~cri~rf~~P~i"fi`'L'.F~~' ~y -1f'S"i~'.,aT~~.-y`/• /i. - i ' ' _ ~ »o `~r w.~/,J ~yl.~,°aa'~""• '~iT'~ ~ T✓_~ Vii` L.,~ .\l ~ I" ~ - i}'t~ii/~FFF~r7j/f i ~ _'-li"',~s ~L ta'~t1 '3'1 I \ ' F F l 'w', e ~ ~ J ♦ iy C}S tQrNe~4. " x-`°..e~- ~ I I. \ • \ g Lf oR r.FfI ?ti ~~_'I T G.Kg rr~~ ~i ~ L i I \ F 72'ir•A`A y 'WL IM-f Od7'k f` -rlF :7R• [~eCj' - eY'r/ ° ~F ~fa'i+• r -,C i `-1 • JT.:fI T it A Y'~.:j r...~l. li Y y~~1;~'^wy. ...-t- y~h / I ~i dltrr / ~ ~~~+r~ ~~jT''•~y`~`q_r~s '~-.d-~~'~••5, T°4•~ f \ ` J , 9r(d... t[~41 ys~••'§' ~°'°itlo _J' ~d• \r' T ` Il\ I\ \ \ \ / / .1 ~ •~^~~"LTM -.IJi r , ` J~lL I ,..h. r ,u ` i t ~ U'. 'i -`~r " ,•aL•--1._.AL:'IdiJf~ ,'r~•w'i~x1Y7~~~/ I t'a'S°Mis :~W` y~`[ c 1.1 r9 V ! \ N E Fees I 'UE c c v ~ 4yo 4w4 cao i - / •N LL~m IWLNm lLm _ ~ IZ, 1 ~E' J n(J / L~ :E ~E tl- LU It Z Est ~ ~ . _ wo_ F -117 i . r ~ I /f= ~ J J / / U regon Department of State Lands 775 Summer Street NE, Suite 100 Theodore R. Kulongosld, Governor Salem, OR 97301-1279 (503) 378-3805 FAX (503) 378-4844 www.oregonstatelands.us. March 21, 2007 State Land Board Theodore R. Kulongoski Governor John Morrison, Mayor City of Ashland Bill Bradbury Secretary of State 20 East Main Street Ashland, OR 97520 Randall Edwards State Measurer Re: Approval of the City of Ashland Local Wetlands Inventory and Assessment Dear Mayor Morrison: I am pleased to notify you that the Department of State Lands (DSL) has approved your Local Wetlands Inventory (LWI) and assessment. We appreciate your planning staff and the wetland consultant working with our staff to ensure that the inventory meets state LWI requirements (OAR 141-86-180 to 240) and the city's needs. The final inventory requirement is for the city to notify property owners with wetlands mapped on their property within 120 days of this approval. Please provide us with a copy of the landowner notification, once completed, indicating the date of notification. Approval by DSL means that the LWI becomes part of the Statewide Wetlands Inventory. The LWI must now be used by the city instead of the National Wetlands Inventory for the Wetland Land Use Notification Process (ORS 227.350). The LWI and functional assessment also form the foundation for your wetland planning under Statewide Planning Goal 5, and the LWI must be adopted by the city per the Goal 5 requirements. Please note when significant wetlands are designated by the city, "non-significant" wetlands may be coded to distinguish them from "significant wetlands," but must not be removed from the approved LWI maps. These wetlands are still subject to state and federal permit requirements. While considerable effort has been made to accurately identify most wetlands within the study area, DSL's approval does not guarantee that all regulated wetlands have been mapped. The mapped wetland boundaries are estimated boundaries, they have not been surveyed, and there are inherent limitations in mapping accuracy. DSL advises persons proposing land alteration on parcels containing mapped wetlands to contact DSL or obtain a wetland boundary delineation by a qualified consultant and submit it to DSL for approval prior to the land alteration. John Morrison, Mayo. March 21, 2007 Page 2 It will be important to annotate your map (and associated database, if any) as new wetland delineations are completed and approved by DSL in order to keep your LWI updated. Future wetland delineation report approvals will be provided to the planning department. We are pleased that the City of Ashland has conducted a thorough wetlands inventory and has made wetland planning a high priority. We look forward to working with you and your staff as you continue on the Goal 5 wetland planning effort. Please feel free to contact Peter Ryan at extension 232, with any questions you may have about the LWI or its use. Sincerely, Louise Solliday Director cc: Bill Molnar, Planning Manager, City of Ashland John Renz, DLCD Stacy Benjamin, SWCA Yvonne Vallette, EPA Jim Goudzwaard & Benny Dean, Corps of Engineers (enclosure) John Marshall, FWS, Portland Field Office Patty Snow, ODFW Bill Kirchner, FWS Regional Office Bob Lobdell, DSL Kevin Moynahan, DSL The City of Ashland Local Wetlands Inventory and Assessment & Riparian Corridor Inventory can be found in the on-line packet or in the City Administration office. Exhibit A. Chapter 18.63 WATER RESOURCE PROTECTION ZONES SECTIONS: 18.63.010 Purpose and Intent 18.63.020 Where Regulations Apply 18.63.030 Definitions 18.63.040 Inventory of Ashland's Water Resources 18.63.050 Establishment of Water Resource Protection Zones 18.63.060 Exempt Activities and Uses within Water Resource Protection Zones 18.63.070 Limited Activities and Uses within Water Resource Protection Zones 18.63.080 Water Resource Protection Zones Reductions 18.63.090 Hardship Variances 18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within Water Resource Protection Zones 18.63.110 Approval Process 18.63.120 Mitigation Requirements 18.63.130 Map Errors and Adjustments 18.62.140 Enforcement and Penalties 18.63.010 Purpose and Intent The purpose and intent of this Shapter-chapter are: A. To implement state and federal law with respect to the protection of clean water, pollution control and preservation of endangered species. B. To protect Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and restoring the hydrologic, ecologic and land conservation functions these areas provide for the community. C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering and separation of those land uses and activities that lead to or may create impacts on water quality, as well as to reduce the risk to people and property resulting from the inappropriate management of wetland and riparian areas. D. To implement the goals and policies of the Environmental Resources chapter of Ashland's Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding. E. To reduce flood damage and potential loss of life in areas subject to periodic floodin F. To better manage storm water drainage, minimize maintenance costs, protect properties adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife habitat and provide opportunities for trail connections. AMC Chapter 18.63 Water Resource Protection Zones Page 1 11117/2009 G. To protect water associated with Ashland's hydrology for human uses, fish and wildlife and their habitats. H. To control erosion and limit sedimentation. 1. To protect the amenity values and educational opportunities of Ashland's wetlands, water bodies and associated riparian areas as community assets. J. To improve public appreciation and understanding of wetlands and riparian areas for their unique ecosystem structures and functions and for the human-nature interactions they provide. K. To improve and promote coordination among local, state, and federal agencies regarding development activities near Ashland's wetlands, water bodies and associated riparian areas. L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when offset by appropriate mitigation, as stipulated in the ordinance and other applicable state and federal requirements. 18.63.020 Where Regulations Apply A. The provisions of this Shapte+-chapter apply to all lands containing Water Resources and Water Resource Protection Zones. Water Resources and Water Resource Protection Zones are defined, established and protected in this Shapterchapter. B. State and federal wetland and riparian regulations will continue to apply within the City of Ashland, regardless of whether or not these areas are mapped on Ashland's Water Resources Map. Nothing in this Ghaptef_c a ter shall be interpreted as superseding or nullifying state or federal requirements. Additionally, the City of Ashland shall provide notification to the Oregon Department of State Lands (DSQ, as required by Division 23 of Oregon Administrative Rules, for all applications concerning development permits or other land use decisions affecting wetlands on the inventory. C. The burden is on the property owner to demonstrate that the requirements of this Chapter chapter are met or are not applicable to development activity or other proposed use or alteration of land. The Staff Advisor may make a determination based on the Water Resources Map, field check, and any other relevant maps, site plans and information that a Water Resource or Water Resource Protection Zone is not located on a particular site or is not impacted by proposed development, activities or uses. In cases where the location of the Water Resource or Water Resource Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation prepared by a natural resource professional, or a sworn statement from a natural resource professional that no Water Resources or Water Resource Protection Zones exist on the site. D. All Water Resource Protection Zones shall be protected from alteration and development, except as specifically provided in this Chapterchapter. No person or entity shall alter or allow to be altered any real property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning astia application or permit authorized in this Chaptercha ter. AMC Chapter 18.63 Water Resource Protection Zones Page 2 11/17/2009 No person or entity shall use or allow to be used, property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning astionanplication or permit authorized in this Chapterchapter. E. Where this Chapter-chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will be some overlap between the regulations in this Chapte,=;.hapter and those in Chapter chapter 18.62 Physical and Environmental Constraints, which regulates development in physical constrained areas including floodplains. Where two ((regulations are in conflict, the most stringent shall govern. 18.63.030 Definitions Alter or Alteration - means any human-induced physical change to the existing condition of land or improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of structures or impervious surfaces or other construction. "Permit to be altered" means allowing or failing to prevent the alteration. Approval Authority - the Staff Advisor, Planning Commission or its Hearings Board, Hearings Officer, or City Council as determined by the applicable procedural requirements. Bank Full Stage - means the two (4year recurrence interval flood elevation. Centerline of Stream - an imaginary line that is in the midpoint of the stream channel. In cases where a stream has multiple or braided channels, the centerline of stream is the midpoint between the outermost or upland sides of the stream channels (Figure 1). f w 1 '4 1 Figure 1: Centerline of Stream Clearing - means the removal, redistribution or disturbance of vegetation, soil or substrate that may include trees, brush, grass, ground cover, or other vegetative matter from a site. Drainage Ditch or Channels' include: 1. Roadside ditches that carry only storm water runoff from the adjacent road and the immediate surrounding area. (Drainage ditches do not include historically altered streams or channels that convey surface water flows. These features are still classified as streams for the purpose of this ordinance.) AMC Chapter 18.63 Water Resource Protection Zones Page 3 11/17/2009 2. Constructed channels designed as part of the storm water infrastructure and drain directly from storm water facilities or storm pipe systems. Enhancement - means actions performed to improve the condition or functions and values of a Water Resource and its associated Protection Zone. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species. Fill Material - means a deposit of earth or other natural or manmade material placed by artificial means. Filling - means the act of placing fill material in-any amount, including the temporary stockpiling of fill material. Fish Bearing or Fish Habitat - means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the state or federal endangered species acts. Fish use is determined from Oregon Department of Forestry Stream Classification, Oregon Department of Fish and Wildlife and Oregon Department of State Lands maps for salmonid fish distribution. Hand-#held Equipment or Machinery - means equipment or machinery held in and operated by hand. Hand-held equipment or machinery includes but is not limited to manual tools, weed eaters, chainsaws, and equipment or machinery with wheels and a weight of one hundred (100) pounds or less such as push lawn mowers and brush mowers. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of one hundred (100) pounds is not considered hand-held equipment or machinery. Impervious Surface - means surface materials which prevent the normal infiltration of storm water into the ground. Lawn - means grass or similar materials maintained as a ground cover of less than six (6-inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used. Local Native Plant Species - means those plant species appropriate to planting in or adjacent to a Water Resource that are native species indigenous to the Rogue River Basin. Local native plant species are adapted to the elevation, weather, soils and hydrology of the area; will support the desired structures, functions, and values of the water resource; and once established require significantly less maintenance than non-native species. The City of Ashland Planning Division maintains a list of recognized site-appropriate local native plant species for both wetland and stream bank water resource applications, along with a list of known local suppliers. Plants may be added to or removed from the Local Native Plant List if reviewed and approved by the Staff Advisor and-in consultation with the City Horticulturist. Tree Commission, other professional groups with demonstrable expertise and local, state and federal agencies. Mitigation - means taking one 41 or more of the following actions listed in order of priority: AMC Chapter 18.63 Water Resource Protection Zones Page 4 11/17/2009 1. Avoiding the impact altogether by not taking a certain development action or parts of that action. 2. Minimizing impacts by limiting the degree or magnitude of the development action and its implementation. 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures. 5. Compensating for the impact by replacing or providing comparable substitute resources or environments. Mitigation Plan - means a plan, that outlines the activities that will be undertaken to alleviate project impacts to sensitive areas. Natural Resources Professional - a "natural resources professional" includes individuals who have a Bachelors degree, or the equivalent or greater, in the field of natural resources, biology, ecology, or related fields, and at least four 44years of relevant post graduate experience. Non-native Species - means a plant species which is not indigenous to the local area. Noxious and Invasive Vegetation - means plant species which are recognized as having a significant potential to disrupt the functions and values of local Water Resource ecosystems. The City of Ashland Planning Division maintains a list of recognized noxious and invasive plants. Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the Staff Advisor an4-in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise and local, state and federal agencies. Power-assisted Equipment or Machinery - means equipment or machinery other than hand- held equipment or machinery. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of one4i~(100}pounds is considered power-assisted equipment or machinery. Principal Building - a building in which the principal use of the zoning district in which it is located is conducted. Restoration - means efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations such as filling, grading or draining. Riparian Area - means the area adjacent to a stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream. Riparian Buffer - an area located adjacent to the stream and including the riparian area that is preserved for the purpose of protecting the functions and values of the stream and the riparian area by serving to reduce the adverse effects of adjacent land uses. AMC Chapter 18.63 Water Resource Protection Zones Page 5 11/17/2009 Riparian Corridor - 'Riparian Corridor' is a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian Corridor is a type of Stream Bank Protection Zone. Stream - a stream means a channel such as a creek that carries flowing surface water, including perennial, intermittent and ephemeral streams with defined channels, and excluding man-made irrigation and drainage channels. Drainage channels do not include historically altered streams or channels that convey surface water flows. A stream is a type of Water Resource. Stream, Ephemeral - an ephemeral stream generally flows only during and following a rain event. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone. Stream, Intermittent - an intermittent stream generally flows only during part of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone. Stream, Perennial - a perennial stream has flowing water year-round during a typical year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Stream, Local - Local Streams is a type of Stream Bank Protection Zone. Stream Bank Protection Zone - an area subject to the provisions of this G4apter-chanter which includes a stream and an associated riparian buffer of varying width, as established herein, located adjacent to the stream, and in which certain human activities are regulated in order to protect the structures and functions of the stream. A Stream Bank Protection Zone is a type of Water Resource Protection Zone. There are three (3)-types of Stream Bank Protection Zones defined, established and protected in this chapter-chapter - Riparian Corridor, Local Streams and Intermittent and Ephemeral Streams. Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a standard distance upland from the top of bank or from the center line of the stream as required in section 18.63.050. Stream Corridor Functions - include providing shade for the stream, stream bank and channel stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the stream, water filtration, aquatic and riparian fish and wildlife habitat. Top of Bank - means the elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. Physical characteristics that indicate the elevation include a clear, natural line impressed on the shore, a change from bare soil to upland vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big leaf maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional sediment or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and AMC Chapter 18.63 Water Resource Protection Zones Page 6 11/17/2009 gravel to upland soils), absence of fine debris (e.g. needles, leaves, cones and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure 2). In the absence of physical evidence or where the top of each bank is not clearly defined, the two R?-year recurrence interval flood elevation may be used to approximate the top of bank. Upland Vegetation Riparian Clear natural _ Vegetation line impressed - r.•r onshore, L t' rr . i } , Upland Soil tare -Soil E.. pland Soil q664 g~~, Textural Change in Soil Figure 2: Top of Bank Upland - land not characterized by the presence of riparian area, water bodies or wetlands. Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland, as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource. Water Resources Map - the adopted City of Ashland map which identifies the approximate locations of Water Resources in Ashland including officially recognized streams and wetlands identified on Ashland's Local Wetland Inventory. Water Resource Protection Zone - an area subject to the provisions of this Ghaptef-chapter which includes a Water Resource and an associated buffer of varying width, as established herein, located adjacent to the Water Resource and in which certain human activities are regulated in order to protect the structures, functions and values of the resource. Water Resource Protection Zone is a category including Stream Bank Protection Zones and Wetland Protection Zones, and is used throughout this chapter to refer to Stream Bank Protection Zones and Wetland Protection Zones. Wetlands - means those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type of Water Resource. AMC Chapter 18.63 Water Resource Protection Zones Page 7 11/17/2009 Wetlands, Locally Significant - means those wetlands identified on the Water Resources Map and determined "significant wetlands" using the criteria adopted the Oregon Department of State Lands (DSL). Locally Significant Wetlands is a type of Wetland Protection Zone. Wetlands, Possible - means an area that appears to meet wetland criteria but is too small (less than a half F14yacre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in the Possible Wetland designation. However, there may be additional existing areas that meet the DSL wetland criteria, but are not included on the Water Resources Map. Possible Wetlands is a type of Wetland Protection Zone. Wetland Boundary - means a line marked on a map' or flagged in the field that identifies the approximate wetland/non-wetland boundary. Wetland Buffer - means an area extending away from the outer delineated wetland boundary or upland edge that is preserved for the purpose of protecting the functions and values of the wetland by serving to reduce the adverse effects of adjacent land uses. Wetland Delineation - means a determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods. Wetland Functions - include wildlife habitat, fish habitat, water quality and hydrological control. Wetland Protection Zone - an area subject to the provisions of this 64apte4:-chapter that includes all wetlands determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional wetland presence, and an associated buffer area of varying width, as established herein, located adjacent to the wetland, and in which certain human activities are regulated in order to protect the structures and functions of the wetland. A Wetland Protection Zone is a type of Water Resource Protection Zone. There are two (2)-types of Wetland Protection Zones defined, established and protected in this Chapter-chapter - Locally Significant Wetlands and Possible Wetlands. Wetland Protection Zone Boundary - an imaginary line that is measured horizontally at a standard distance upland from the delineated wetland boundary as required in section 18.63.050. Wetland Specialist - means an individual who has the appropriate credentials verifying proven expertise and vocational experience conducting wetland delineations. 18.63.040 Inventory of Ashland's Water Resources The approximate locations of Ashland's Water Resources are identified on official maps adopted by the City of Ashland and added to the Comprehensive Plan through 044nance-Ordinance 2419 (May 1987), Ordinance 2528 (July 1989) and srdinance-Ordinance (May November 2009). Because the Comprehensive Plan maps are acknowledged to be approximate, the more precise wetland boundaries can be mapped, staked and used for development review purposes without a modification of the Comprehensive Plan maps. AMC Chapter 18.63 Water Resource Protection Zones Page 8 11/17/2009 18.63.050 Establishment of Water Resource Protection Zones A Water Resource Protection Zone is hereby established adjacent to and including all Water Resources to protect their integrity, function and value. The boundaries of the following Water Resource Protection Zones shall be established by an on-site survey based upon the following standards. A. Stream Bank Protection Zones. The following types of ` at~sourseStream Bank Protection Zones are hereby established to protect streams and their associated riparian resources. The approximate locations of streams are identified on the Water Resources Map. 1. Riparian Corridor - For streams classified as Riparian Corridor fish-bearing streams with an annual average stream flow less than ene4housand41,000) cubic feet per second and on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within fifty-(50) feet upland from the top of bank (Figure 3). kiparian buffer. 1-61an buffer SOteet 6o'teet: Top of Bank Stream`Bank ProtectlonZone Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams 2. Local Streams - For streams classified as non-fish-bearing Local Streams and on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands ferty440) feet from the centerline of the stream (Figure 4). AMC Chapter 18.63 Water Resource Protection Zones Page 9 11/1712009 rlpaHaitit►ffer. 40 feet' 4,00 feet r Centerline Strearrn'Bank P[otectlon'Zone Figure 4: Stream Bank Protection Zone for Local Streams 3. Intermittent and Ephemeral Streams - For streams classified as Intermittent and Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within tf~30) feet from the centerline of the stream (Figure 5). rlparlan buffer 30 feet _ . _;30 feet_ t r Centerl ine Strearn Bank Protection Zone, Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams 4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part of a significant wetland as identified on official maps adopted by the City of Ashland, the distance to the Stream Bank Protection Zone boundary shall be measured from, and include, the upland edge of the wetland. 5. Determination of Protection Zone - The measurement of the Stream Bank Protection Zones shall be a horizontal distance from the top of bank or from the center line of the stream as specified above. For streams that were piped or culverted prior to the effective date of this G4apterchgRter, the Stream Bank Protection Zones shall be reduced to half of the required AMC Chapter 18.63 Water Resource Protection Zones Page 10 11/17/2009 width or the width of any existing easement (e.g. drainageway easement), whichever is greater. B. Wetland Protection Zones. The following types of Water-ReseufseWetland Protection Zones are hereby established to protect wetland resources. The approximate locations of Locally Significant Wetlands and Wetlands are identified on the Water Resources Map. The precise boundary of a wetland and wetland buffer shall be established through conducting an on-site wetland delineation and survey based upon the following standards. 1. Locally Significant Wetlands - For wetlands classified as Locally Significant on the Water Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands within fi#y450) feet of the upland-wetland edge (Figure 6). A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance with section 18.63.110.A.3. An average buffer width of fifty-(50) feet may be utilized around the perimeter of a significant wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured, and that there will be an enhanced buffer treatment through the implementation and maintenance of a restoration and enhancement plan within the buffer area. pd Proft"..2o o ~a Figure 6: Wetland Protection Zone for Locally Significant Wetlands 2. Possible Wetlands - For wetlands not classified as Locally Significant on the Water Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland delineation, plus all lands within twenty (20) feet of the upland-wetland edge (Figure 7). Possible Wetlands includes all areas designated as such on. the Water Resources Map and any unmapped wetlands discovered on site. A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance with section 18.63.110.A.3. An average buffer width of twenty (20) feet may be utilized around the perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured. AMC Chapter 18.63 Water Resource Protection Zones Page 11 11/17/2009 ~9~d Prote~~~~2 t! o% ~n Figure 7: Wetland Protection Zone for Possible Wetlands 3. Determination of Protection Zone - The measurement of the Wetland Protection Zone shall be a horizontal distance from the upland-wetland edge as specified above. 18.63.060 Exempt AGt*Vit7Q6 aPA Use, A- within Wate r Rasn-rcA Protection Activities and Uses Exempt from These Regulations A. Exempt Activities Within Strewn Rank Water Resource Protection Zones. The following activities and uses do not require a permit or authorization under this G4apter-chapter to be conducted or to continue in a Stream &;nk Water Resource Protection Zone, providedthe resta Fation rn nn4n innl°d°d in nord'n n 9R R9 99(1 A 1 a and bare m,.4 AllapplGabIBIGGal, state and federal permits shall he. obtained prior to GornmenGeMent of exempt aGtiVith 1; And ws'p-s; Exempt activities and uses may qualify as development as defined in section 18.62.030.E and may require a permit for development in Floodplain Corridor Lands Chapter 18.62. 1. Landscaping and Tree Mainte Vegetation Maintenance, Planting and Removal - vegetation within a Strei;ml Rank PreteGNOR Zone, pFgy~4ed that the following requirements are Piet- a. Landscaping Maintenance. Continued maintenance of existing vegetation such as landscaping lawn gardens and trees. ab. Lawn. Existing lawn within the riparian bufferWater Resource Protection Zones may be maintained, but existing lawn shall not be expanded and new lawn shall not be installed Zone. lac. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum and shall be in accordance with the Tree Preservation and Protection Chapter 18.61. Under no circumstances shall the maintenance pruning be so severe that it compromises the tree's health, longevity, or resource functions (i.e. shade, soil stability, erosion control, etc.) r. Firp Hazard prevention with Hand-held Equipment Culting eF thin*q 9 vagetation with hand held eqUipMeRt OF MaGhlReP~GGPsistent with City stapda* fe 18.62, provided that the GY#iAg#iRAiA9 iS the FAiRIFAUM ReGeSSaFy tO alleviate the f3 ialfire hazard. otent AMC Chapter 18.63 Water Resource Protection Zones Page 12 11/17/2009 dd. Non-native, Noxious and Invasive Vegetation Removal_ with Hand-held Equipment- Removal of non-native vegetation, and-noxious and invasive vegetation equipment or machinery. and replacement with local native plant species. The act of removing non-native, noxious and invasive vegetation shall not result in the removal of native vegetation. Local native plant species for both wetland and stream bank applications are identified on the City of Ashland's Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City of Ashland's Prohibited Plant List. Removal and mowing of blackberries shall occur before May 1 or after July 31 to protect nesting birds. ee. Hazardous Tree Removal. -Removal with hand held equipment f a hazardous tree. A hazardous tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property. A permit for Hazardous Tree Removal shall be processed under the procedures and approval criteria described in the Tree Preservation and Protection Chapter 18.61. ff. In-channel Vegetation Removal. -Removal of emergent in-channel vegetation that is likely to cause flooding using non-invasive methods such as mowing or weed- whacking that do not disturb the underlying substrate. Mechanized removal of emergent in-channel vegetation that would involve associated removal of soil below the ordinary high water line is not permitted and would otherwise be subject to state and federal wetland permitting requirements. fg. Routine Planting, with Hand-held Equipment The planting of local native plant species or the replacement of non-native, noxious and invasive plants with local native plant species with hand held equipment or ry. Local native plant species for both wetland and stream bank applications are identified on the City of Ashland's Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City of Ashland's Prohibited Plant List. h. Use of Hand-held Equipment or Machinery. Use of hand-held equipment or machinery for vegetation maintenance, planting and removal within Water Resource Protection Zones. i. Use of Power-assisted Equipment or Machinery. Use of power-assisted equipment or machinery for vegetation maintenance, planting and removal within Water Resource Protection Zones when soil disturbance and erosion are minimized by all of the following measures. i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31, and shall not occur during the remaining wet months of the year. ii. The general topography of the Water Resource Protection Zone shall be retained. iii. Soil compaction from construction equipment shall be reduced by distributing the weight of the equipment over a larqe area (e.g. laving lightweight geogrids. mulch, chipped wood, plywood. OSB, metal plats or other materials capable of weight distribution in the pathway of the equipment), iv. Local native plant species shall not be damaged or removed. v. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year and 90% after five years. 3- HerbiEide-U misal centn3l for removal Of n_X40US-Of--mVas1Ve vegetation listed nn the City of Ashland'; Drohih'ted Plant I';t apd port of stronm AMC Chapter 18.63 Water Resource Protection Zones Page 13 11/17/2009 used are app{ied in son#offaaRGe-with4he-product4abel-and-appfov4O-for-Sucrose-by-state and fe strongiy-feepmmended 2. Building, Paving and Grading 4a. Testing. -Site investigative work with minimal surface area disturbance conducted by or required by a city, county, state, or federal agency such as surveys, percolation tests, soil borings or other similar tests. FenGes limited to open wire, eleGtriG orsimilaFferiGe that will not GQIIeGt furthest away from the stream (Figures 8, 9 and 10). Solid wood fencing is pFohibited in thp. Stream Ronk DraterYgn zpne. Fornginn a designated floodplain shall GGnf9Fm to the requirements of qp0ion 19.62.07G.K. yuhem the. n tdpor a area mge.M all of thg fellewing. a Area The total Aut"- area rea Sank PretesNon-Zone including ex sting and ReW GUtdQQrI_ISQ arPRS in the Stream Bank ProteAflea-Ze. exceed one hundred f~#ty (a50}sgUafefeet..per-let. b-L-ocation Thetautdoor--Use area sha{I-be-losated-in-the-baff-gPhe ripadaR4NNer fui4hest away from the stFearn (Figures 8, 9 and 10), G. Patios and I.Nallkviays. PGrous solid suFfaGes, With the eXGeptiGH of deGkG, may be installed-ia #heaUtdeor-Use-area: d--Native Tree RemevalAe-trees six (6s diameteF at breast height (dbh) are removed. 7b. Unpaved Trails. - The of trails and M12tPd educational displays whp.rp all of the fQ11AIA The establishment of unpaved trails and related educational displays. Trail width shall not exceed 36 inches, stair width shall not exceed 50 inches, and trail grade shall not exceed 20% except for the portion of the trail containing stairs. Trails in public parks may be up to 72 inches in width to accommodate high pedestrian traffic areas. Trails construction within a delineated wetland boundary shall be by permit in accordance with local, state and federal permitting requirements and approved management plans. lank-Rfeteetion-Zone: b-Width-and-Grade. Trail-width shall exceed-thirty-stx-(~,- 'F width Shall ROt BXG08d fifty (50) iRGhes, and tFail grade shall not exGeed twenty (20) peFGep except fo the-portion o 1-1118 tFail GOM-11111111 stairs. Trails in PUbliG parks may be up tG seventy two (72) *1144; in width t9 RGAQMFAGd@t9 high P@d96tFi@A tFAffig G. Tree Trimming. TFee tFiMFRiAg Shall net @XGeed a height of eight (9) fe8t. AMC Chapter 18.63 Water Resource Protection Zones Page 14 11/1712009 d. Native Tree Removal. Native tF es larger than s'x (6) ' lane ^ v A~`metcerr at b.cv~ rnreast a~ height and native GhFubs OF GGAifeFS aF9er than five (5) feet tall shall Ret be Femeved. Tree-removal sball-be imassordaase-with-the-Tree-Preservation-and-Protection 94apte4944-: e Trail Surfage Trails shall not be paved with nnnorete asphalt OF onmrorable f-Educational Displays-ka-seryunsWPAAtt44raitascess, moderately-sized-displays structures-shall be-permittedas-an exempt-activity 8 ri-oityEmer ency Activities ErnergenGy repair authorized by the City AdministFateF GF his,fheF designee vilhich mi-IM he. ulndpFtaken immediately, Gr for which there is insuff r; ant time fOF full r in order to-address at least one of the feAewin . a Preveflt-aa immiaeet-threat to-public-ttealth-o~sa#ety: b*-Preve pr+vato-prepe+ty- G. Prevent an imminent threat of sprinus environment degradation. 9c. Storm Water Treatment Facility Maintenance. -Routine maintenance of storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in order to maintain flow and prevent flooding when conducted in accordance with local, state and federal permitting requirements and approved management plans. Multi-year maintenance plans for existing storm water treatment facilities without previously approved management plans require a Limited Activity and Use Permit in accordance with section 18.63.070.A.32. TO-Pu lic_UtA+ty-Maintenance-and Replacement- Routine malntenaase-and-replacement of existing pub! G utilities and irr gatign pumps f wGrk disturbs.; nA more tAtal surfaGp arpa than the-area-inside-the-public-utility-easement-and-up-ta-an-add+tienal-Gve{~)~ersont-surfasearea Of the PUbIiG utility easement outside of the publiG Utility 6a69ment. of exists pi:iyate Utilities and irrigation pumps 12. Driveway an u** d--P2VI ~n+gnanro paV ng-Or- FEconstrt16tl9n -tvv7'rrtc-rmpoc,~ Of eX StiRg P61bliG and private streets and driveways if woFl( dsturbs no rnope total supfaGe area thee-ttteaFea ns de the street right of way-er-assoss easement and up to-ar add t oAaltwe (5} PeFGeRt 66IFfaGe area of the street right of way 9F aGGess ea6ement Autside Af the Fight of way 43. Nonconforming Activities, Uses and Structures - An activity, use or structure legally established prior to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter shall be considered a nonconforming activity, use or structure, and may continue The fallowing aonconfonrn n astivitie° Uses and s+r n+ res May nn"t n .e subject to the following provisions. AMC Chapter 18.63 Water Resource Protection Zones Page is 11/17/2009 a. Nonconforming Structures. Nonconforming structures within or partially within a Water Resource Protection Zone may be maintained and used. ib. onExpansion of Nonconforming Structures: €xis4ag-44onsenfarn4iag-stwe &-wRNn-or--Wia4y within a Stream Bank ProteGtion Zone May he UFAd AAd MaiAtAiAad, but shall no have the existing building foot. faG9 expanded oF enla,rged ~esdentiaf~eaingdstrcts anonsonferrningprinsi{~al-building-may-be replaGed or rebuilt if the existing Ing footprint does net Ghange ir) GiZe GF 6haP9 and -additionat-surface-aceaanth"keam-Bank-Rrotectie.^,'^^P n )t disturbed, 7onp if the existing building footprint does ROt GhaAg6 in 649 Of Shape aRd aadd.t.anal resenstu G4Gn-ef a-nencon#erming-sNtucture-under-this-section-shall tie-in-accordance with the requiremeRts of the Flood Damage Ppevention Regulations Chapter 15.10. Expansion of the footprint of a nonconforming structure within or partially within a Water Resource Protection Zone if the expansion of the footprint occurs outside the Water Resource Protection Zone and additional surface area in the- Water Resource Protection Zone is not disturbed. Additional stories may be added to nonconforming structures if the existing building footprint with the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. tic. Firp and Natural Dir Replacement of Nonconforming Principal Buildings in Residential Zoning Districts. k~ r s ~I ng~l strists a naturaiai steF-such-as-a-flood-F-or-prope4es-located-in+aor-residential-zoning Nonconforming principal buildings within or partially within a Water Resource Protection Zone and located in residential zoning districts may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10. d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within Historic Districts. Nonconforming structures within or partially within a Water Resource Protection Zone, located in a non-residential zoning district and within a Historic District may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10. landsGaping, uses and r iAG1IJ 9d in 1 i+h'n Dart gln 6 rd Park and Ca AMC Chapter 18.63 Water Resource Protection Zones Page 16 1111712009 maintained and ronlaGed but shall not he expanded or enlarged within the id later Res epaaad resenstrusNar+o# aonsan#orming-structure - -ndpr thi; spgtion shall he in aGGArdannp with the requirements of the Flood Damage Prevention-Regulafioas-Ghapter-1&44- de. Previously Approved Building Envelopes and Driveways. A-pPreviously approved building envelopes and driveways within or partially within a Stream Bank Water Resource Protection Zone, sub}est-to the-lim tations-and-contorts-imposed-try-this-Ghapter; may be built upon as originally approved and does not have to meet the requirements of this Ghapta chapter if the following conditions are met: Division appFoval prior to the effeGtiVe date of this ordinanse. ii. The building 81140pe is located 9A a Vacant lot. iii: T-he-buildingenvelope is-boated or~-a lotw#ich-wasrreated-prior-to4e 4e4„e date of thin orrlinanse iv. Building permits are approved and construction is commenced there under within thirty six (36) months from the effective date of this ordinance. ii. The building envelope or driveway location was established and received City of Ashland Planning Division approval prior the effective date of this ordinance. iii. The building envelope is located on a vacant lot. iv. The building envelope is located on a lot which was created prior to the effective date of this ordinance. v. The driveway will provide access to a lot which was created prior to the effective date of this ordinance, e. Previously Approved Driveways. An appFaved dFiveway within or partially within a-Stream-Bank-Preteotien-Zone, to the limitatinns aAd GeRtFels impGsed by this GhapteF, may be built as original! approved and does net have to meet the Fequirements of thin S#apterf the foliowing Division approval prioF to the effertive date Pf this ordinance. ii. Building permits are approvecl --al -m.meRGed there URdeF tivp date of isle, w ##in thirty-six{~6}mont#s# f. Exemptions for Historic Public Parks and Properties. Nonconforming activities, landscaping, uses and structures included in Lithia Park, Blue Bird Park and Calle Guanaiuato and located in the Water Resource Protection Zone may be used, maintained and replaced. but shall not be expanded or enlarged within the Water Resource Protection Zone. Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10. 4. City Emergency Activities - Emergency repair authorized by the City Administrator or his/her designee which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, in order to address at least one of the fallowing. AMC Chapter 18.63 Water Resource Protection Zones Page 17 11/17/2009 a. Prevent an imminent threat to public health or safety. b. Prevent imminent danger to public or private property" c, Prevent an imminent threat of serious environment degradation. require-a-permit Chapter to be eea #ion-Z applioable~any ederal-~err+}its sk+aN-be~b#a aed-prior-toromrneaeerner~2 of-exe+ap# 48 &2-0W-E-and-may-rega+re-a-perm t tor-development4rn-Floodplain-Gorrider Lands-Ehapter a9-62, 1. Land6Gaping and Tree Maintenanre The lirpitationg imposed by this QhapteF de no ins Zone, e*pandadvMl4in 4he-Wettand-Protec-tion-;?one: b--TreeFrueirrg-~aintenanc-e-pruning o#-e~s#ing-trees-shall-be-leapt-Fo-a-minimum . Under-noG#6wm4a"^es shall the m "ntenan pruning be ° e that it GDMPrn/T VeC the tree's health IPneeWY e fi AGWAS (i.e. chary call s-Fi "etd-Equipment Perimeter--mowing-er Gre~lazard preven#ian cor}sistent w tks Gity-standards for Wildfire-Lands dessrabedan the Ohvdrbl and Environmental Constraints Chapter 18C9 P nvided that the Gutt[AgAhlnning)4s the-mini mum-neGessary tn. allev:-f- the Potential ire hazard 4.-Non-native, Noxious and Invasive Vegetation Remnifal with Hand-held Equipment Removal of non native vegetatieA, and nexious and invas ve vegetat an 1 sted on the City of Ashland's Prohibited Plant 144 with hand-hpld equipment a na#we-vege4a4 en e--HazardoufiTree-Removal--Removal-w444and-held-equipment of a-hazardous trIpp. A t;:Aee is a tree that is physiGally damaged to the degFee that it is- Gk P,rP;P..wAfin,n, and RrateGtjOR Chapter 19.61. # 1 ergent in shanael vegetation4hat is likely to Gau6e flooding using non invasivp methed-s such aS FnGwing of weed tarb-4he-u44de4ying-s4bs rate-+l%4shmiz-ed--removal4 emergent in GhaRRel vegetatiGn that would invelve A,;qo(; 54pd rpmewal of soil bolow AMC Chapter 18.63 Water Resource Protection Zones Page 18 11117/2009 the ordinary high water line is not permitted and would othei;Nise be Gu~ei;t to state and 4ederal-wetlan4 permittigg-fequiremerrts 2.Amtine-Planting-With-Hand-held Equ pment--Th or the replaGeMeRt Of FeXiGUS, invasive and non native plants with loGal native plant SPeGies vwith hand held equipment or marhinery. Noxious and invasive vegetation approved for removal is identified on the Pity of Ashland's PreNhitarl Plant List, j on the Gity of Ashland's Drnrhib Plant List rd-in-support--of-stream used are applied in sentennanse-w4h-tb"reduat-label-and-approved-tor--sucta-use-by-state and federal agerigies. Alternative methods of removal SUGh as mGwinq and hand removal are strong ly-reeorrmmended- 4-Test+rig--bite nvestigat ve word w th minimal sur#ase areatlisturbance sonducteddy-sr required by a GityGGUnty, State, OF federal agenGy SUGh aS SUFVeYS, P19FoGlatiOR tests, sail her iags-0r ether-similar-tests- 5.-Fence nhetr rt flood °raters may be installed in the wetland buffer (Fig s 6 and 7)Cord wood ten&ing-is-prelhibtted in the Wetla d Rretestien Zone. Penc-ing-in-a-designated-Gsodplain-shall fD4GW4ng are-met: a-lnstallatien The tra l installation hall retai the general topography of the Wetland oroteot on zone h Vl6dith and Grade Trail yi dth shell not evneed thirty v (36) 'nnhes stair width Shall-net-e%6ee d fifty (50) iAGheS, and trail grade shall not exGeed twenty (20) per eXGent far the portion of the trail nnnta'n'nn stairs T.alls in n hl'n arks may be n to to 1}Igh-pedestrian traffic areas seventy two (72) inGhes in width to aGGOMFn aim ing. T e~ r mm rig-shall not-exeeeda-Ne giit of eight {8}#eet d-Alative4-ree-Removal.-Native-trees-targef4han-sfr,-(5j-inc4ees4n44meter-athreast 101 arid native sh. or GoRifers larger than five (5) feet tall shall not be removed. Tree-removal-shall -be-ia-aGserdanse With-the-Tree Presprvat on and PFGt8GtiOR Chapter 18-51- P.. Trail Surf2m Trails shall net be paved With GGFIGFete, asphalt or GompaFable AMC Chapter 18:63 Water Resource Protection Zones Page 19 11/17/2009 medeFately sized displays specifically intended-te-FLq p ~e~satoaal-sppart~f~+tie~-sus s wildlife habitat S#UGkIFeS, shall be peFmitted as an exempt aGtiVity. peur+itte~ githin a ciplinpated wetland boundary in h+s heFdasignee wh sk~fn~fst be tfn~e#aken+auned+ately aF sh theFe is insidGient time Dm nt a imminent threat of serious. Pny rnnment rdenra~ datiOR_ treatment#asAitles-Sash-as detentien-pondseF-sedime raps, R-CGOMMAR i.m.fith loGal, state and fedeFal permitting requirements aRd approved t plans. Multi year MaiRteAan% plans for exiGting stofm water VeatmeRt faGilitles Withou previeuslyappFeve~ management plans Fe~g Fe a-6imlted Actin+ty and t~se-ReFmt in A. Nonconforming AGtivities, User and Stri-Irt-UrAs --NGRGGRfGFmiRg aGtivities, uses and stFUSttxas may orf#nae-subjestto-t#e-#ellowing provisions. paF~ally w thin a Wetland ProterfinA Zonp May be used aRd maiRtaiRed but shall no have he existing ns-s+n#ase-expanded-or e,laF resideatiatzening-diStFicts a nensenferming-principal-bt+kiiftg-rnay-be-replaced eF r-ahwilt ift- ---q 100tpFiRt does REA GhaRge iR 6i2e G~ shape and additional surface area_ i'A thp ~.Npfland PFOtestisn Zene iS notdfsturbed-AdditienalsteFies may -area if; the Wetland StrUGWFe under this 6pnfien shall he in e~aith Fegt+ireme„ts the- Gd Damage Prevention Den latle s Chanter 15.10. p4ncipalbfdlding-may-be r2 8t t damage"r-de #isteris DistFSt; a ilt-if damaged or destreyed AMC Chapter 18.63 Water Resource Protection Zones Page 20 11117/2009 teed -Damage Pmventlan-Pegatations-Cl4apteO &40-. G,--Exemptions- for Historic PubkPar4(s-and-P-rope#ies.-NenGo44formigg-aGW4i~ Guanajuato-and-located-in-t-he-Water-Resource-Protection-Z-o may bused, maintained and FeplaGed, but shall not be expanded or enlarged within the wate Resource-t~rotection Zene epairand reconstruct en-ef-a-nonconforming-stnuG#ure ,,Pdpr this spgfion shall hp ip ac;cnrdapGpw%th the requirements of the Figod Damage Rreventien-Regulatiens Chapter 15.10. d-Previously-Approved-Building Envei Chapter OF SU imposed by this requirements prohibited by this following-are-met i-The-building envelope was establish edand rece ved Gityo# Ashland-Planning Ong envelepe-is-lesated on-a-vasant-lot, e#ective-date-o4hhis-er4Jinanse iv. Building perm ts are approved aRd GOnSklldgA ill; COPAMPAC;pA thpre "Ads, with+ hi#Y-s+x436Ymont4s-ffem-t#e-effective-date of this ordinance e -Previously Approved 4r'weways-Anappreved4ivewaywithin or pai#iallywittiia -9 ~.AfQAIRA d- PFOtP9fiOA Zone, whiGh would be pF@hibp!E?d by this Chapter or sUN9Gt tG the-limitations-and controls imposed by this Chapter, may be built as odginall condifiGnG aFe Met. straotion-is-semme^^re U r B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In addition to the Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Stream Bank Protection Zone. 1. Fire Hazard Prevention - Cutting or thinning of vegetation for fire hazard prevention provided that the cutting or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62. AMC Chapter 18.63 Water Resource Protection Zones Page 21 1111712009 2. Stream Restoration and Enhancement - Stream restoration and enhancement proiects when all of the following are met. a. The restoration and enhancement results in a net gain in stream bank corridor functions, b. The lot is in a residential zoning district and occupied only by a single-family dwelling and accessory structures. c. The property has not undergone stream restoration and enhancement work in the past 12 months. d. The restoration and enhancement project does not involve in-stream work. e. The restoration and enhancement project may include minor earth moving activities involving excavation or placement of up to five cubic yards of soil and earth-moving activity disturbing a surface area of no more than 1,000 square feet. 3. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct flood waters may be installed in the upland half of the riparian buffer furthest away from the stream. Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section 18.62.070.K. 4. Outdoor Patio Areas- Outdoor patio areas consisting of porous solid surfaces up to 150 square feet in size per lot, but not including decks, may be constructed in the upland half of the riparian buffer furthest away from the stream. 5. Public Utility Maintenance and Replacement - Routine maintenance and replacement of existing'public utilities and irrigation pumps if work disturbs no more total surface area than the area inside the public utility easement and up to an additional five percent surface area of the public utility easement outside of the public utility easement. 6. Private Utility Maintenance and Replacement - Routine maintenance and replacement of existing private utilities and irrigation pumps. 7. Driveway and Street Maintenance and Paving - Maintenance, paving and reconstruction of existing public and private streets and driveways if work disturbs no more total surface area than the area inside the street right-of-way or access easement and up to an additional five percent surface area of the street right-of-way or access easement outside of the right-of-way or easement. Public streets shall be located in public right-of-way or a public easement. C. Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the Exempt Activities and Uses in section 18.63.060.A. the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Wetland Protection Zone. 1. Fire Hazard Prevention - Perimeter mowing or thinning of vegetation only within the wetland buffer for fire hazard prevention provided that the mowing or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62. AMC Chapter 18.63 Water Resource Protection Zones Page 22 1111 7 /2 0 0 9 2. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct flood waters may be installed in the wetland buffer. Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section 18.62.070.K. 18.63.070 Limited Activities and Uses within Water Resource Protection Zones The following activities and uses within Water Resource Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.SD. A. Limited Activities and Uses within Stream-@an4-Water Resource Protection Zones. a. Channel and Riparian Enhancement Activities etrn@m ^h;;nnn aRd a- t- Giated with development involving bu !ding, grading OF PaV Aq are enrouFaged, and planning @49A appliGatiOR fees assodated with mvitzY ' fiRg these activities for GGFAPliaRG8 W th apip! Gable land i.vhen autheriZed as Views. a, Nen native, Noxlaug and Invarive Vegetation Removal with Power-assisted listed on the Gity of A.Shland's Prohibited Plant List with pGwer assisted equipment eF machinery- nntaf'a with poweF assisted GqUiPFReRt MaGhiflBfy, 'Ote1 t With Git" etaAdards for IM11'btfre 1 onrtc rtecni hnif the DLvG'nal and C.n'r nntol CAnc;#RiA ; Ghanter 1962 gyide t that the rn Minnlthfnn'n is the m niFAUM nnnecoa Fy M allev ate the potential hazard. 1. Use of Power-assisted Equipment or Machinery - Use of power-assisted equipment or machinery for vegetation maintenance unless otherwise exempted in section 18.63.060.A.1.h. 32. Multi-year Maintenance Plans - Multi-year maintenance plans may be authorized as follows for existing areas or storm water treatment facilities in Stream SankWater Resource Protection Zones which do not have a previously approved management plans. a. Publicly and Commonly Owned Properties. The routine maintenance restoration and enhancement of publicly and commonly owned properties such as public parks and private open spaces. b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in order to maintain flow and prevent flooding. Routine maintenance of storm water treatment facilities in accordance with an approved management plan is exempted as outline in section 18.63.060.A.82_c. AMC Chapter 18.63 Water Resource Protection Zones Page 23 11/1712009 43. Building, Paving, and Grading Activities - Permanent alteration of t#.e °-1,ak-Water Resource Protection Zones by grading or by the placement of structures, fill or impervious surfaces may be authorized as follows. a. New Public Access and Utilities. The location and construction of public streets, bridges, trails, multi-use path connections and utilities deemed necessary to maintain a functional system and upon finding that no other reasonable, alternate location outside the Stream--Bank Water Resource Protection Zone exists. This title, the Comprehensive Plan, Transportation System Plan, adopted utility master plans and other adopted documents shall guide this determination. b. New Private Access and Utilities. The location and construction of private streets, driveways and utilities to provide a means of access to an otherwise inaccessible or landlocked property where no other reasonable, alternate location outside the Stream Ban Water Resource Protection Zone exists. c--Br+veway-and-Stfee~tenanse-and-Paving Ntaintenaase avin9-1-Or more ~arfa "tea the area ns de the street r g#t of way or access easement-an4-aaadd4ieaal-fwe4 ypersentsurf GOarea Of-t#e street -right of way-or access-easement-eutsid"o the-righ#-o#way--er-easement-Pub4G-streets-shall-be d. PubliG Utility Maintannnap and Replacement. Routine m; ntenanne RAd replacement-sf-existing public utilities-and irrigation-pumps-if-work disturbs more#atal sur#ase area than thee area-inside4#&-publis-u#inky-easementand-anadd+tianal-ftve-(5) persen#--surface-area-o~the--public--utllify-easement---outside-af--tk~e-public-utilify easement. ec. Storm Water Treatment Facility Installation. Installation of public and private storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands. fd. Replacement of Nonconforming Accessory Structures in Residential Districts and Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Outside Historic Districts. Replacement of nonconforming structures located within or partially within the original building footprint, except those nonconforming principal buildings exempted in section 18.63.060.A.43, provided replacement does not disturb additional surface area within the Stream-Bank-Water Resource Protection Zone. g-€ owon- Contr-ol €rosion-Goa#ol-and-stream bank-stabiliaation-measures that have-be Corps of Engineers, er-ether--state -or-federal-reguWGPyagencias, a struGtwral NO engineeFing methods. ctnrm looter from 4adjacent developed area provided that the di nh@rne meets 6al' si~ and federal water quality regulatioo.&,. gatrust4r949r4#e pui:pose of GenGtFUGting a public OF private street, Gyde OF pedsM4an-Gr8861ng aS we4 as to provide -a-means a€-assess to an ot#eantse nassess#le eF landlocked ref AMC Chapter 18.63 Water Resource Protection Zones Page 24 11/17/2009 Flood CoAtFol Measures lnstallatien erF~2asora-ef~t~uctural Hoed santrol . ROA MFUGWFal methqds will not adequately meet the stabilization or flood G94#Fel need B. Additional Limited Activities and Uses within Stream Bank Protection Zones. In addition to the Limited Activities and Uses in section 18.63.070.A, the following activities and uses with the Stream Bank Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set froth in section 18.63.070.D. 1. Stream Restoration and Enhancement- Restoration and enhancement projects resulting in a net gain in stream bank corridor functions unless otherwise exempted in section 18.63.06D.B.2. Restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged. and planning application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. 2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction of existing public and private streets and driveways if work disturbs more total surface area than the area inside the street right-of-way or access easement and an additional five percent surface area of the street right-of-way or access easement outside of the right-of-wav or easement. Public streets shall be located in public right-of-way or a public easement. 3. Public Utility Maintenance and Replacement - Routine maintenance and replacement of existing public utilities and irrigation pumps if work disturbs more total surface area than the area inside the public utility easement and an additional five percent surface area of the public utility easement outside of the public utility easement. 4. Erosion Control - Erosion control and stream bank stabilization measures that have been approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-structural bio- engineering methods. 5. Storm Water Outfall - Construction of a storm water outfall discharging treated storm water from an adjacent developed area provided that the discharge meets local, state and federal water quality regulations. 6. Bridges - The installation of a bridge or similar, bottomless crossing structure for the purpose of constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a means of access to an otherwise inaccessible or landlocked property. 7. Flood Control Measures - Installation or expansion of structural flood control measures, including but not limited to concrete retaining walls. gabions gravity blocks etc., shall generally be prohibited, but approved only if demonstrated that less-invasive, non-structural methods will not adequately meet the stabilization or flood control needs. AMC Chapter 18.63 Water Resource Protection Zones Page 25 11/1712009 UC. Additional Limited Activities and Uses w_Within Wetland Protection Zones. In addition to the Permitted Activities and Uses in section 16.63.070.A, the following activities and uses with the Wetland Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.D. 1. Wetland Restoration and Enhancement-Activities - Wetland restoration and enhancement astivitie$- rop iects resulting in a net gain in wetland esele~functions. Wetland restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning astien-application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. Prohibited n rent for Exempt AGt a, Non na * I Noxious and Im.farive Vegetation Removal. Removal of Pori Aa vegetat~s eye aRd-4nvasive vegetation listed on the City of Ashland's RrAhib4d PIRAt LiSt V.,j1h hand held or powe; assisted equipment OF M@Gh neFyb. Fire Ha:zard PrAyprifinn with Penver-assisted Equipment. Per Met6F MOWiRg and other-cutting-+resessar -in the-wetland-bu#er-for-fire-hazard preven#ion with power assisted equipment OF MaGhineFy. 3. MUM YeaF MaintpNiFirp Plans Multi year r4llteRaFlGe plans may be authorized as water treatme Anne h n,,v fellows - f ~~,,,,.at-facilities in Wetland-Prstestio,.-~,~,s-:.,h a P-tkt' pwmte-epenspaces- .atnr treatment fonllltiec c irh ac; rtetentinn nnnds n sediment franc vegetated 4. Building, Paving and Grading Activities RAFMPAPAt AltAr;AiGH of the Weiland be ai Ahnri;zPd ao follnws; a New P-blir Access and Utilities The location and raAstn,Gtien of publiG stmets, bridges, trails, multi use path GGHAeGtiGH6 RAd I-It lifiPq GIPAMP-d A'8Ge6G@P/ tG maintain a fuAGtienal system and upon finding that no GtheF reasqAable, alternate. IAAAfiAA n tsidp the I.Nptland Protpg nn zone. exists Th's title the Cemnrehensiye Plan adopted TF8AGp9FtatiGR System PlaA, adopted utility master plans aRd athear deruments shall guide ;k:- rmination AMC Chapter 18.63 Water Resource Protection Zones Page 26 11/17/2009 b-New Rr+vate Acre on and senstFdst sn of 4Vate streets, driveways and utilities to provide a mpang A arGpq,; t6 an ofhep.v &e inassessibla o~landbsked-proper#~/-where no et~r-reasonable, alternate bsation Q. Driveway and Street Maintenance and Paving, _Maintenance, paving, er-and reconstruction of existing public and private streets and driveways. Public streets shall be located in public right-of-way or public easement. d3. Public and Private Utility Maintenance and Replacement: - Routine maintenance and replacement of existing public and private utilities that disturb lands within the Wetland Protection Zone. e-Starm-Wat4er-Treatm4Dnt-Fa4Gi4ty-4nsWigion and Replacement. installation and ponds oF sediment traps, vegetated SWaleG ;Ad Aenstnirtedwetlands StFUMUR36 within oF partially with n the 9~qinal building footpFiRt. prGvided raplaGement 6D. Approval Standards for Limited Activities and Uses within Water Resource Protection Zones. All Limited Activities and Uses within Water Resource Protection Zones described in section 18.63.070 shall be processed as a Type I land use procedure. The approval authority may approve or approve with conditions a request to conduct Limited Activities and Uses in a Water Resource Protection Zone based upon findings that the following standards have been satisfied. 1. All activities shall be located as far away from streams and wetlands, as practicable, designed to minimize intrusion into the Water Resources Protection Zone and disturb as little of the surface area of the Water Resource Protection Zone; as practicable. 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on Water Resources. 3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of twenty- Gve{25°J}perGeat or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. Water RA.1;AuIrcA. Frns.;ipp Aentral mpgg-urpq shall he installed pr or to site pFeparat4R-GF 9FOURd disturbing aGtiVitiGG, where appliGable. Access MadS, Staging aF@aS, StGFage areas and other areas of te a ' p 1 -410 - 4, --~saFy to complete the proposed aGtiVity Shall be as passible, but not more than RiR@ty (90) days afteF autherized land AMC Chapter 18.63 Water Resource Protection Zones Page 27 11/17/2009 shall-not-be-Leff-"lase permanently. 4. Water, storm drain and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and wetlands. 5. Plans; fosstream channel repair and enhancement, riparian habitat restoration and enhancement plans--and wetland restoration and enhancement_-are-req4ired-a4)&s4a#I-be submitted 411. the aR- use @PpliGat;E)R. The Plan Shall Meet the nlitigatiGR F99UiFQMe sestien-18:63-12-0; sompty-witl~all state-and-#edera!-regulations-and-perfr+i#ing-requirements will be restored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section.18.63,120. exposure-to-ffaodwatws, and o--avoid-aooideatal-riissharges-tostreares-and-wetlands: 6. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.080 Water Resource Protection Zone Reductions A Water Resource Protection Zone may be reduced by up to 23% approval authority through a Type I land use procedure, and by greater than 25% and up to 50% through a Type 11 land use procedure to allow alteration within the Water Resource Protection Zone based upon findings that the following standards approval criteria have been satisfied. and requirements degGribed iA rQGtiQA 18.63.120. The plans shall comply with all stat federal regulat Gns and permitting requirements, and Gonform to all l9G@l regulations and PeFmq requirements related to flood arpas A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings; or maximum building height) to permit development as far outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall be reviewed as part of the requested reduction. and shall not be subject to a separate Variance application under Chapter 18.100. Reductions to dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the north through a concurrent Solar Access Variance application as described in section 18.70.060. AMC Chapter 18.63 Water Resource Protection Zones Page 28 11/1712009 B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently perform the proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development. 1. Multi-story construction shall be usedconsidered. 2. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. 4. Engineering solutions shall be used to minimize additional grading and/or fill. ProteGflo,p 7Anp through the use of up to a fifty (50) peFGent reduction of any dimensional o;-ma*rnurn build ing#~e ght}#e per t develepmer+tas-tar o+~tside-e~uplar+da# ##e Water sha4be-raviewed-as,part-of-the request reduction, and shall not be sabjest taa-separate the effected- used to redUGe required Solar AGAess spthaGks without Pyidenr;p of agreement by described-le-section-18 T"60: D, Any enGreaGhment OF Ghange in on site oF off site drainage Ghara te~:h--weuld advemely ant the IAlater Reran r e hay heen nnndrlererl ;4Ad M tigated C. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures. The structures, functions and values of the Water Resource will be restored through the implementation of a restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in section 18.63.120. ~m^ rTea es 3i betimp4oyed-te-ensure sed agents ara not trar sperted to the d+SturbAg-ast+v4 ti2 - ear stn.enn areas and other as nnedhln b lit not mnre than n nnfie lOfl\ rlavc ae~Ta rthnr"~eri Jana dirt rhanse. Erosion SGOR activl#yempora+y-measures-used #oF a+f+a orosioFl coatrol~ha41 not be-left-in-place-permanently- D. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C. except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. AMC Chapter 18.63 Water Resource Protection Zones Page 29 11/17/2009 re AG fvn rFh city -homeowners associa#on or-a censewater organ zatier prt~vded thae fferte of-the-instrument is approved by the City Attorney and aGGGpted by the GeunGil, if nffeppd 18.63.090 Hardship Variances In Gases whnro thn I'm'tatinnc n aAWitie within a Water Re y Hardship Variances described-shall be reviewed--and-a-dedsion-made-t#roughprocessed as a Type II land use procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100. The approval authority may approve or approve with conditions a request for a Hardship Variance based upon findings that the following approval criteria have been satisfied. A. The application of this chapter unduly restricts the development or use of the lot, and renders the lot not buildable. B. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. AC. The applicant has explored all other reasonable options available under this 6hapter-chapter and throughout the Ashland Land Use Ordinance to relieve the hardship. the-pr©pesed-activity or use of land would-have-been-Permitted-prior--to-the-OeGWe-date-0f tf 6 ordinance. G. The Har4ship Vari;;nGe is the FAiAiMI-Im R@GeSSaFy to permit use of the pF9pe4y in a wanner that soutd-rease D. Adverse impacts on the structures, functions or values of the resource including water quality, erosion, or slope stability that would result from approval of this Hardship Variance have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with an appreveda mitigation plan. prepared in accordance with the standards and requirements described in section 18.63.120. The plaR shall Gomply with all state and federal torrsand~er "nn Feq ent° and-sonfene-to-a44ocat E. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. AMC Chapter 18.63 Water Resource Protection Zones Page 30 1111712009 18.63.100 Approval Standards for Land Divisions and Property Line Adjustments Wwithin Water Resource Protection Zones Planning actions and procedures containing Water Resource Protection Zones and involving the division of land or lot line adjustments shall comply with the following provisions and shall include the plan requirements in section 18.63.110.A.3. A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses. B. Conservation Area. Performance Standards Option Subdivision, Subdivision, Partition, and Site Design Review applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consistent with the provisions of this rhapterchapter. The approval authority may require that the Water Resource Protection Zone be included in a separate tract of land managed by a homeowners' association or other common ownership entity responsible for preservation. C. Density Transfer. Density calculated from the land area contained within the Water Resource Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided the following standards are met. 1. Partitions and subdivisions involving density transfer shall be processed under the Performance Standards Options Chapter 18.88. 2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to which the density will be transferred. 3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed by a homeowners association or other common ownership entity responsible for management of the area. 4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership. 5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half (1-144 times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number. D. Management Plan. Long term conservation, management and maintenance of the Water Resource Protection Zone consistent with the requirements of this Shapte~-chapter shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.9-24C. AMC Chapter 18.63 Water Resource Protection Zones Page 31 11/17/2009 E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the requirements of section 18.63.120 to mitigate impacts resulting from land divisions. F. Exemptions for a Public Purpose. An exemption to the requirements described above shall be granted for lots created for public park purposes, or privately-owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands contained within the Water Resource Protection Zone. 18.63.110 Approval PfesessPlan Requirements A. Application -Required Plans and Information. The following plans and information shall be submitted with the application for activities and uses in a Water Resource Protection Zone which are required to be processed under a Type I or Type II land use procedure including Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances. 1. A narrative description of all proposed activities and uses including the extent to which any Water Resource Protection Zone is proposed to be altered or affected as a result of the proposed development activity or use (in terms both of square footage of surface disturbance and cubic yards of overall disturbance). 2. Written findings of fact addressing all applicable development standards and approval criteria. 3. Site development plan map, drawn to scale - The application shall include a site map of the subject property prepared by a licensed surveyor, civil engineer or other design professional that includes the information described below. The Staff Advisor may request additional information based upon the character of the site or the specific nature of the proposal. a. All watercourses identified (including any drainage ways, ponds, etc). b. Surveyed location of the Water Resource Protection Zone, as described in section 18.63.050. For applications involving single-family residences or Limited Activities and Uses, in lieu of a surveyed location, the Staff Advisor may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee in which the applicant shall be required to stake the top-of-bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone. c. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or center line as required; and surveyed location of the stream's floodway and floodplain, if applicable. d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an accompanying site map) prepared by a natural resource professional and that has been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland boundaries identified. AMC Chapter 18.63 Water Resource Protection Zones Page 32 11/17/2009 e. Topographic information at two R2 foot contour increments identifying both existing grades and proposed grade changes. f. Surveyed locations of all trees six flinches in diameter at breast height (dbh) or greater located in the Water Resource Protection Zone and within €iftee44415) feet of the Water Resource Protection Zone, identified by edge of canopy, diameter at breast height and species; g. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native, invasive species identified. h. Location of existing and proposed development, including all existing and proposed structures, any areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other alterations to the site's natural state. i. The location of natural features, proposed and existing structures, and other proposed and existing improvements associated with lands within one hundred (100) feet of the Water Resource Protection Zone. j. Proposed and existing land uses within one hundred (100) feet of the Water Resource Protection Zone. k. The location of temporary fencing and erosion control measures installed to prevent encroachment and flow of material into the Water Resource Protection Zone, such as sediment fencing and hay bales, etc. I. North arrow and scale. m. Sources of information (federal, state and local). 4. Mitigation Plan prepared in accordance with the requirements described in section 18.63.120. 5, Management Plan prepared in accordance with the requirements described in section 18.63.120.C. except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. B. Building Permits and Development Activities. When approval of a planning action is not required, other permit applications for the construction of structures or other development activities on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor to assure that Water Resource Protection Zones are accurately identified on a site plan and that Limited Activities and Uses or other site disturbances will not be conducted within the Water Resource Protection Zone. 1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion control measures may be required to be installed to prevent encroachment and flow of AMC Chapter 18.63 Water Resource Protection Zones Page 33 11/17/2009 material or other debris into the Water Resource Protection Zone and to otherwise prevent impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When required, these measures shall be installed and site-verified by the Staff Advisor before any permits are issued and prior to the commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to the land. C. -Required Information Waived -.Determination. Applications under this chapter-chapter involving properties containing a Water Resource Protection Zone shall accurately indicate the locations of these features and all other information as described and required above. The Staff Advisor may waive one M-or more of the required elements of the site development plan map in section 18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation, grading, site clearing, construction or similar actions resulting in changes to the property are not located within the boundaries of the Water Resource Protection Zone. 18.63.120 Mitigation Requirements A. When a Mitigation Plan is Req Vegetation Preservation and Construction Staging.-A m t gat sa plan-is-regE/fired fer applisa€ that involve~ Limited Activities and Usps, WateF approval authority v . The following standards shall be addressed in mitigation plans to protect vegetation identified for preservation and water resources from sedimentation when construction activity is proposed within a Water Resources Protection Zone. 1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. 2. Trees shall not be used as anchors for stabilizing equipment. 3. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. 4. Temporary erosion control measures shall be installed to prevent encroachment and flow of runoff, material or other debris into the Water Resource. These measures shall be installed prior to the commencement of excavation, grading. site clearing, construction or similar site work resulting in changes to the land. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. B. Options for M4iga#oriflan Satisfying Restoration and Enhancement Requirements in Mitigation Plans. Mitigation plans are required to meet the standards in either the Prescriptive Option or Alternative Option as follows. AMC Chapter 18.63 Water Resource Protection Zones Page 34 11/17/2009 1. FDr-Applioations4nv4D4ving-Sing4e-€amity-Residences-or-Lammfted-Aet+v+t+es;~es Prescriptive Option and-ipsos,teapplication following standards& The, Staff AdvisGF may requiFe the mitqatiGn plan to be pFepaFed by a not The mitigation Rlan shall meet the following standards. a, Vegetation Pr2servatien-and-Gonstr-uctien~taging. The #eBewing-standards shall apply when GOR&UGtiOn @GtiV ty is Proposed R areas Where Vegetation 6 to be preseFved within a Water rResources Prot Work areas oa tho-immediate site-shatl-be-sarefulty-identified-and-marked-to fens+ng-shall-be piasedat-the-drip-Ane-ef-trees-berdering-the work-area--Ne work--areas: f. Trppq ;hall not hp mad as Pinrhprq forsta ilizirig equipment. tat onhaN netke permitted-In~lVater ii. StoGkpiliRg of soil, 9F soil mixed with employ eFOS OR GORV easures to ensure-sediments are not transported-to runo# ma#eriai erat#er-debrisinto-theuVater Resairce Rreteetian',=o^~ -These measdresahail sim lar-site-work-resu#ir g in chan^e°'the land. a. Re-planting Timeline. Re-planting shall occur within 90 days of authorized land disturbance. b. Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a one square foot to one and a half square feet (1:1.5) ratio (e.g. if 100 square feet of surface area is disturbed, 150 square feet shall be restored, re-planted and enhanced). feot-to-one-square-foot { "-}-ratio. Re planting astiv tie $shall follow these s plan#nq of !@Gal native plant So. . iic. Local Native Plant Species Coverage. For streams, the a~ea from the stre m-te the midpaint of the npai:ian bw#eF and paFailp.1 tA the stream shall he Ana hundred (100) PeFGBnt plant coverage in local nativ&plaRt-~. The-remaining-half of-the riparian bUffeF Shall 139 a MifliMUM Of f fty (50) P8FG9Rt Plant GGV9F@ge in 1GGal Rative AMC Chapter 18.63 Water Resource Protection Zones Page 35 11/17/2009 The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees (Figures 8, 9 and 10). Fef-+aetla , tThe }percent plant coverage in local Wetland Protection Zone shall be one-hundred-(1001,16 native plant species and in accordance with local, state and federal approved management plans. Local native plant species for stream bank and wetland applications are identified on the City of Ashland's Local Native Plant Species List. The use of noxious and invasive plants on the City of Ashland's Prohibited Plant List in Water Resource Protection Zones is prohibited. Stream Bank Protection Zone 50 feet Top of 60 feet Bank 50% Native Shrubs & 100% Native Trees Figure 8: Native Plant Requirements for Riparian Corridor Streams Strew f Bank Protestiori Zgnei 40 `feet, 401-104 Centerline t r ,60%-Native Shrubs &',100% Nitivbjiies Figure 9: Native Plant Requirements for Local Streams AMC Chapter 18.63 Water Resource Protection Zones Page 36 11/17/2009 Stream:8ank Protection Zone 30 f&t' 30`fcet ,Cerl11he7: 50% N#JI a;;Shruba &',100%,hlatlve Trees Figure 10: Native Plant Requirements for Intermittent and Ephemeral Streams d. Re-planting Priorities. i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species. iiiii. Plant materials shall be located in such a manner as to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control, bank stabilization and wildlife habitat enhancement. iviii. Nearby riparian plant communities should be used as a guide for developing a re-vegetation plan. ve. Shrub and Tree Requirements. Re-planting shall include ground GaVeF, shrubs and tree canopy layers in accordance with the following coverage and spacing requirements, (90) PeFGeAt total GOVefage of the restored area within a five (5) year period. The MiRiMUR; PlaRtiRg size shall be four (4) iRGh pots. Restoration areas that have existing healthy @FauRd GGVeF GGA6jGtiAg Of local RatiVG plant SpeGiRc; that r;p~ ' sers Gompliant with the restAratioA standards for ground GoveF. viii. Shrubs shall be planted and maintained to provide a minimum of f+ffy-(501L04 gereent total coverage of the restored area within a five (4year period. The minimum planting size shall be one (-gallon. Restoration areas that have existing vegetated under-story consisting of healthy riparian shrubs that covers at AMC Chapter 18.63 Water Resource Protection Zones Page 37 11/17/2009 least fifty (50%)-i ereent of the restoration area are considered compliant with the restoration standards for under-story plantings. viuii. Canopy trees shall be planted at 20-foot intervals or such etheF nterval as rn.f to "Heroic moter'ols required fer tree mit'noYn pursuant to the tree The minimum planting size shall be one flinch caliper. All new trees shall be staked and protected by deer/rodent-proof fencing. Restoration areas that have an existing vegetated tree canopy consisting of healthy trees at least four {fl}inches dbad.b.h. and at an average spacing of twenty (20) feet on-center are considered compliant with the restoration standards for trees. ixf. Erosion Control. Erosion control material such as mulch, hay, jute-netting, or comparable material shall be applied to rop tect disturbed, re-planted areas. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year and 90% coverage after five years. xg. Irrigation. New plantings shall be irrigated for a period of five (5~ years to ensure establishment. xih. Performance. Local native plant species that do not survive the first two 9- years after planting shall be replaced. xi+ Re-plant ng-shall-oceur-with+n-einety-(9A}days-of-authe4zed-land-&turb@nse. xiiii. Landscape and Irrigation Plans. A re planting-prsjest mitigation plan shall include landscape and irrigation plans, with details addressing the proposed plant species, variety, size of plant materials, number of plants, timing of plantings, plant spacing and installation methods. The landscape plan shall address the plant coverage by local native plant species after five-years. xiv. For exempt aGtivities, soil disturbance shall not result in permanent changes to the tGpg@rnnhy of the 24PPIM Ronk Drntentinn Tenn 2. Alternative Option sect on 18:63:12-0 B-1 the apps satinn shaNanslude a rnitigation~Iar~ #c re;at9d to flood areas. The mitigation plan shall address the following requirements, and shall meet or exceed the standards in the Prescription Option in section 18.63.120.B.1. The Staff Advisor may require the mitigation plan to be prepared by a natural resource professional. a. Assessment of Water Resource Protection Zone Structures, Functions and Values. A mitigation plan shall include an assessment of the structures, functions and values (i.e. water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource Protection Zone and a clear explanation of how these impacts are to be mitigated. AMC Chapter 18.63 Water Resource Protection Zones Page 38 11117/2009 b. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and establish clear and measurable standards for determining if stated objectives have been accomplished, For example, the objective might be to restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while the standard might be a certain percentage of shade canopy coverage at the end of one (-year and on d(100%) percent shade canopy coverage after three years. c. Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and hydrology of the mitigation area, including a grading plan at two R- foot contour intervals. For applications involving Wetland Protection Zones, the application shall demonstrate that plants have adequate access to site hydrology. For applications involving Stream Bank Protection Zones, the grading plan shall identify newly planted areas and include slope stabilizing measures to prevent erosion, ensure vegetative coverage and limit plant mortality. d. Landscape Plan. For-streams; the area4rom-the-stream te-the-midpoint ofthe --r-an buffer and parallel to the stream shall be one- hundred (100) POFGeFit-plaRt leverage+n4ocal-na4ve pWt-species. The-remai+}Ing-halfof the riparian buffer-shall (Figures 8, 9 and 0).-The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees (Figures 8, 9 and 10). Far-wetlands-tThe Wetland Protection Zone shall be one hundred (1001/o4erGent plant coverage in local native plant species and in accordance with local, state and federal approved management plans. Local native plant species for stream bank and wetland applications are identified on the City of Ashland's Local Native Plant Species List. The use of noxious and invasive plants on the City of Ashland's Prohibited Plant List in Water Resource Protection Zones is prohibited. The landscape plan shall address the plant coverage by local native plant species after five 4years, and shall be size- and species- specific, with details addressing the timing of plantings, proposed plant placement and plant spacing. eC. Management Plan. familoome ar L mRed-Activities-aad-dses tThe applicant shall implement a management plan for the Water Resource Protection Zone and resource areas under the applicant's ownership or control, including the areas restored and enhanced to assure long term conservation and maintenance. The management plan shall detail proposed monitoring and maintenance, and shall include a schedule delineating how completed projects will be monitored and reported to the Staff Advisor. The management plan shall contain the following requirements. i1. The approved mitigation plan. 42. Identification of Water Resources and Water Resource Protection Zone management practices to be conducted and proposed intervals. AMC Chapter 16.63 Water Resource Protection Zones Page 39 11/17/2009 4i3. The following statements. a. "There shall be no alteration of the Water Resource Protection Zones as delineated and shown on the attached plan" (attach reduced plan). b. "There shall be no alteration of the size, shape or design of an approved Water Resource Protection Zone without prior approval by the City of Ashland". c. "There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland". iv4. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris. v5. Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies. vi6. Specific provisions for city enforcement of the management plan. v47. Any additional measures deemed necessary to protect and maintain the structures, functions and values of the Water Resource Protection Zone (e.g.; signage delineating preservation boundaries). 48. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource Protection Zone including but not limited to the following. ix9. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CCBRs) which prescribe the conditions and restrictions set forth in the approved land use lap nninq application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. x10. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved land-use lap nninq application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. )0 1. Other mechanisms addressing long-term protection, maintenance and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. 3D. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the project. The approval authority may require a performance bond or similar monetary insurance of up to one hundred and ten (110%)-percent of the proposal's cost to guarantee that the mitigation proposal will be carried out as approved, and to ensure that the objectives are met through demonstration of compliance with measurable standards and that the site will be maintained to keep the Water Resource functioning properly. AMC Chapter 18.63 Water Resource Protection Zones Page 40 11/17/2009 18.63.130 Map Errors and Adjustments A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on the Water Resources Map when the applicant has shown that a mapping error has occurred and the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update the Water Resources Map and record the wetland delineation document. No formal variance application or plan amendment is required for map corrections where an approved delineation with a DSL letter of concurrence is provided. Approved delineations shall be subject to the terms of expiration set forth in the DSL approval. 18.63.140 Enforcement and Penalties A. Fine. A violation of any provision of this Ghapterchapter, a permit issued under this Chapter chapter or any condition of a permit issued under this G4apteFchapter shall be a violation as defined by General Penalty Chapter 1.08 and punishable by a fine as set forth in that section. B. Mitigation and Management. Within thir#y-(30) days of notification by the City of Ashland Planning Division of a violation of a provision of this G#apter-chapter or any condition of a permit issued under this Ghapterchapter, mitigation shall be required and the Staff Advisor may require the property owner to submit a mitigation plan prepared by a natural resource professional and in accordance with section 18.63.120.B. C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as restitution for the enforcement costs incurred by the City. This fee may be imposed upon any person who violates any provision of this Chapter- h ter or who violates any permit or condition of any issued permit under this C4apterchapter. The fee shall be in an amount established by resolution of the City Council. AMC Chapter 18.63 Water Resource Protection Zones Page 41 11/17/2009 CITY OF ASHLAND Council Communication Citizen Committee on Possible Public Safety Facility G.O. Bond levy Meeting Date: November 17, 2009 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: Secondary Contact: John Karns, Terry Holderness, Mike Faught Approval: Martha Be Estimated Time: 10 minutes Question: Does the City Council wish to appoint a citizen task force to look at a possible General Obligation Bond Levy to fund capital projects for Public Safety Facilities? Staff Recommendation: Staff recommends that the Council request that the Mayor appoint an ad-hoc committee to advise the City Council on whether to pursue a G.O. Bond levy in November 2010 and which facilities should be on the levy. Background: In 2008, the City completed a Facilities Master Plan. That master plan included a space needs analysis, and recommendations for the amount of space needed for various departments. In some cases, the Master Plan provided options for the City to consider. In other cases, the Master Plan recommended a specific option. After the report was presented, the City Council had one study session on prioritizing and phasing the various projects in the plan on November 3, 2008. The Council directed that replacement of Fire Station 42 be the City's top priority and that the expansion of the Police Station was the #2 priority. Council also directed that any funding discussions wait until after resolution of the possible renewal of Food and Beverage Tax. Since that discussion, the City pursued funding of Fire Station #2 through a Federal Stimulus grant. That grant was not awarded, but preparation of the grant documents led to refinement of the Fire Station design, including designing a smaller building that fits entirely on the existing site. This building is estimated to cost $1.5 million less than the building that was rejected by the voters in November 2006. Staff continues to believe that replacement of Fire Station #2 is a very high priority for the City. This building is extremely outdated, is too small to handle the number of staff and vehicles the City needs at the Station, and may not be seismically sound. Similarly, the Police Station has several real deficiencies in serving a community of our size, and the need for adequate evidence storage and interview rooms are pressing. In addition to these buildings, both departments need additional training facilities, and the Fire Chief is concerned that the City needs a ladder company to respond to calls buildings over 3 stories. Page 1 oft CITY OF ASHLAND While these needs are pressing, staff is reluctant to propose additional tax measures at this time unless there is consensus in the community that these buildings are both needed but are also affordable. As such, we recommend that the Mayor and Council appoint an ad-hoc citizen task force to make a recommendation to the Council by June 15, 2010 about: • Whether the City should request voter approval of a levy? • Which public safety improvements should be on the levy? • What should the amount of the levy be? Staff suggests that the composition of the task force include: • One member of the City Council • Two members of the 2008 Facilities Master Plan ad-hoc committee. • Two citizens with a general interest in the fire service (possibly CERT volunteers) • Two citizens with a general interest in police services • One or two people with experience in other bond measures (need coordination with ASD in particular) • Two citizens at large If Council approves this recommendation, then we will work with Mayor Stromberg on a proposed list of appointees and return to Council as early as December 1, 2009. Council Options: ■ Accept the staff recommendation. • Request additional information ■ Reject the staff recommendation • Other option, potentially a combination of the above options. Potential Motions: ■ I move that the City Attachments: None. Page 2 of 2 CITY OF ASHLAND Council Communication Ordinance Relating to Public Nudity Meeting Date: November 17, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Bennely~N~/ \ Estimated Time: 15 minutes Question: III Should the Council approve Second Reading of an ordinance entitled: "An Ordinance Amending Ashland Municipal Code 10.44.012 and AMC 10.44.020, Relating to Public Nudity and Penalties"? Staff Recommendation: Staff recommends Council continue Second Reading to December 15, 2009. Background: On November 3, 2009 the City Council conducted First Reading of an ordinance drafted by Councilor David Chapman. The Ordinance was read in full at the meeting consistent with the City Charter and Second reading was set over to this meeting: The ordinance as read, consists of two sections: SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person to intentionally expose his or her genitalia while ie prepefty in the n 1 D (Downtown Comm°reia" zone or in a _ublie parlE in view of a public space. This provision is not intended to apply to a person who is prepubescent ewe has eH steps te ereate an envelope of privaey upon their- own pr-epei4y afld the nudity 0GGUFs within envelope. SECTION 2. AMC 10.44.020 [Penalties] is hereby amended to read as follows: 10.44.020 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08.010 with the exception of Public Nudity which shall be an infraction as set forth in Section 1.08.020. The motion included review by legal staff. The ordinance attached is ready for second reading if the Council desires to proceed. However, legal staff would recommend continuance of the second reading and consideration of the following revisions and discussion items, at a minimum: 10.44.012 Public Nudity. It is unlawful for any person eight years of age or older to intentionally expose his or her genitalia Page 1 of 3 ~r, CITY OF ASHLAND while on publie pr-oper-ty in the C 1 D (Downtown Commereial) zone OF in a publie park while in a public place or a place visible from a public place. This provision is not intended to apply to family changing areas ° peFson who : ubeseent who has taken steps to ° eat° a elo" of pr-ivaey upon their own property and the nudity 9-ee-UrN woth*n thAt envelop 10.44.012 Penalties. Subject to limitations of the Ashland City Charter, any Any person violating any section within this chapter shall be guilty of g- Misd-emennor- as set for-th in Seetion . a Class A violation as that class is defined under Oregon law and AMC 1.08.020. The reason for the suggested changes are as follows: • The change to "eight years old or older" replaces the exception for "prepubescent" because it is more definitive and easier, and less embarrassing, to prove. • The phrase "in a public place or visible from a public place" replaces "in view of a public space" because public place is a commonly used regulatory term and public space is more often used in the land use and planning context. • An exception for "family changing areas" was added to address changing rooms such as at the swimming pool after reviewing the language with the Parks Director. • The change to the penalty provision reflects the fact that the other offenses in Chapter 10.44 are also appropriately violations, and the language used here is similar to language used for a recent "tire chain" offense created by Council. In addition, the Council might want to consider a disclaimer or purpose statement that the ordinance does not intend to impact first amendment rights. (Staff is still considering this idea) One of the members of the public proposed the following text: This provision is not intended to abrogate, or in any way limit, any person's right to exercise that person's protected free expression as provided under the Oregon Constitution. Councilor Chapman also mentioned that under Oregon case law, the question of whether free expression is implicated is a case by case inquiry - so language may not be necessary. Council could add a WHEREAS clause, a purpose section or other section incorporating the idea that we do not intend to limit free expression and that the inquiry is case by case s or we could include a discussion of this in some legislative findings to be adopted by Council. Including such language in the body of ordinance may be viewed as a large loophole, so care must be exercised. It may be helpful to recite in the Whereas clauses the law as Councilor Chapman described and then add in the ordinance a suggestion that those seeking to exercise their first amendment rights in a manner which involves public nudity, provide a courtesy notification to the police to avoid any disruption of their expressive activities. In addition, the Council could note that possession of a parade permit, for example, would be prima facie evidence that any nudity is tied to protected expression. Finally, the Council might want to consider designating City owned property for recreational nudity opportunities (using care to avoid creation of a private nuisance) as well as an area where nudity in conjunction with protected expression would be presumed (such as protests at the location of the City Council Chambers - although this might involve adding visual shielding to the fence on the adjacent field owned by the Ashland School District). Page 2 of 3 Ir, CITY OF ASHLAND Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (1) Read changes (if any) an move to approve Second Reading and adoption of the ordinance. (2) Make changes to proposed ordinance by motion and then postpone Second Reading to a date certain to allow for reflection. (suggested date December 15, 2009). Potential Motions: Staff: Conduct Second Reading (Title only) and read changed sections (if any) in full. Council: Move to approve Second Reading of the ordinance, with changes as read and approve adoption of the Ordinance. Council: Move to amend ordinance in the manner proposed in the Council Communication. Council: Move to postpone Second Reading of the ordinance to December 15, 2009. Attachments: Ordinance as read at Council Meeting on November 3, 2009 Ordinance with revisions proposed Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 AND 10.44.020 RELATING TO PUBLIC NUDITY AND PENALTIES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person to intentionally expose his or her genitalia while an publie in view of a public space. This provision is not intended to apply to a person who is prepubescent or w he has taken steps to ereate an envelope of prin....., ..pen their own pre e14 , and the nudity oee.._... .taro that e ,elope SECTION 2. AMC 10.44.0.20 [Penalties] is hereby amended to read as follows: 10.44.020 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08.010 with the exception of Public Nudity which shall be an infraction as set forth in Section 1.08.020. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12009, and duly PASSED and ADOPTED this day of 2009. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 AND 10.44.020 RELATING TO PUBLIC NUDITY AND PENALTIES. Annotated to show d 'mss and additions to the code sections being modified. Deletions are bold lined threugh 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, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code in manner proposed and that the amendment is fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as follows: 10.44.012 Public Nudity. It is unlawful for any person eight years of age or older to intentionally expose his or her genitalia whole on public property in the C-1 -D (Downtown CommerGial) zone OF in a publiG par while in a public place or a place visible from a public place. This provision is not intended to apply to family changing areas a person who is prepubesGent oF who has taken steps to nra-mq within that envelope. SECTION 2. AMC 10.44.020 [Penalties] is hereby amended to read as follows: Page 1 of 2 10.44.012 Penalties. Subject to limitations of the Ashland City Charter, any Any person violating any section within this chapter shall be guilty of a misdemeanor as set fa- rth an SeGteon . a Class A violation as that class is defined under Oregon law and AMC 1.08.020. 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", "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 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read in full, and then by title only in accordance with Article X, Section 2(A) of the City Charter on the 3rd day of November, 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 2 of 2 CITY OF ASHLAND Council Communication Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards Meeting Date: November 17, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Berm 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: On October 6, 2009, Council addressed issues 1, 2, and 3 in this memo. 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 I] 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 11 Liaisons which corresponds with the outline presently in AMC 2.04.090 and AMC 2.04.110. ] Another ordinance [Part 2] 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.] These ordinances [Part I and Part II] present some policy issues for the Council. I. Power of Liaisons. All Council liaisons shall be: (choose one) a. A voting member of the advisory commission, committee or board; or b. A non-voting ex officio member of the advisory commission, committee or board; or c. A non-member Liaison to the advisory commission, committee or board. All advisory commissions need to be treated the same. The only exceptions concern bodies created under state laws and the Municipal Audit Committee. City Administration asked that this ordinance reflect that no Councilor or Mayor be a voting member of an advisory body. This change is included Page I of 3 CITY OF ASHLAND in this Part I ordinance and Part II. The Forest Lands Commission, Transportation Commission, Conservation Commission, Historic Commission, Airport Commission, and Tree Commission still have non-voting ex officio Council members. Other Boards and Commissions have only the default non-member Council Liaison. [Part I - 2.04.100.A.] It is recommended that this be made uniform -i.e. all ex-officio non-voting Council liaison members or all non-member Council liaisons. The major difference is that ex-officio officers are members and thus can participate as a member (e.g. call a point of order) whereas non-member liaisons simply observe and periodically report at the discretion of the chair. This choice depends upon how strongly the Council feels Liaisons should not interfere with the debate. If you choose all non-member liaisons the Forest Lands Commission, Transportation Commission, Conservation Commission, Historic Commission, Airport Commission, and Tree Commission provision in Part II will be amended accordingly. If you choose all non-voting ex officio member Liaisons, the remainder of the Commissions will be amended. 2. Term Limits. Part II [2.10.020] creates term limits for advisory body members. Currently the ordinance sets 3 year terms as standard (Planning Commission 4 years). No member may serve more than five terms on a single commission. (15 years and 20 years for PC). The Council should consider whether this is a real limitation (earlier drafts proposed three terms - 9 years). Also there appears to be no statutory reason why the Planning Commission needs to be 4 years. AN exception to term limits was added based on comments received to allow a unanimous council to override the limit. 3. Removal. This ordinance has provision for removal. [Part I - 2.04.090.F]. The removal of an appointed officer is written as being authorized with or without cause. Only a simple majority of the Council is required. The only exception is for Planning Commissioners, based on a specific state law [ORS 227.030] which requires a hearing and a finding of misconduct or non-performance. Accordingly, while the Mayor and Council may be inclined to remove a Planning Commissioner, the statutes require a public hearing and a finding of cause. The ordinance requires these Planning Commission specific hearings be made non- political thus the delegation to the Administrator under AMC 2.30. To give the Council greater flexibility, the Code was written such that there is no requirement to have a hearing or find cause for all other commissions. The Council should consider if this hearing and cause requirement should be expanded. 4. Roberts Rules. Part II [2.10.075] specifies that Roberts Rules shall be followed but failure to follow the rules is not fatal. 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. Page 2 of 3 ~r, CITY OF ASHLAND The existing Municipal Code states the following for Roberts Rules as regards Council actions: 2.04.020 H. Robert's Rules of Order. Robert's Rules of Order shall be the authority for the government of the Council during its sessions, when not in conflict with the City Charter and these code rules. Failure to strictly follow Robert's Rules of Order shall not be cause to void or otherwise disturb a decision or action of the Council. The Council will strive to be clear in its proceedings. These provisions are nearly identical. Does the Council wish to modify one or both of them to be more clear or to facilitate more informality. 5. Chair Participation. Roberts Rules provides that on large Commissions the Chair should not make motions. There is no formal break, but on smaller boards the Chair is permitted to make motions. Does the Council wish to specify that the Chair: (a) can always make motions and participate regardless of the Commission; (b) may make motions and participate only on commissions of- size? 6. Progression from Vice Chair to Chair. Apparently some Commissions have a history of always moving the Vice Chair to the Chair position after a year of vice chair service and apprenticeship. Does the Council wish to codify and unify this practice for all commissions and boards. 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 a date certain. 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 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 3 of 3 Imo, 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 deletions 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 [Regularl shall be 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, Housing Commission, Historic Commission, Tree Commission, and the Municipal Audit Committee. AMC 2.10 contains code common to all Appointed Commissions and Boards. B. Coupxil-Ad-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 City 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 majority vote may remove a member of an ad hoc committee or task force at any time, with or without cause. The City Council by majority 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 City 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 maiority 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 Operating PoliGies and PFGGedures Commissions, Committees and Beards A. Publi . Meeting Law. B. Robert's Ruipq of Order' C-DelihPrat*nR D agendas and nninutes Abseil F. QaGFUMr G. Code of Eth!Gs-. H. Lobbying. 1. Goals. Page 3 of 7 J 1 Rnia of Staff I! Final De.nision Makinn I.. N+,m-her -f- Meetings. M -h t-0 .n N Repre renting the Commission, or Reard n Budget 1~~ P. Expenses. Q. Committees. B. SaspensieOperating ,PFosedures SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to read as follows: 2.04.100 44$ 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 City 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, 2.04.08 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 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 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: November 17, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland.or.us Secondary Dept.: City Recorder Secondary Contact: Barbara Christensen Approval: Martha Bennet 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? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance. Background: [This Agenda item is unchanged from the September 8, 2009 version. Policy choices for this ordinance are contained in the Council Communication for the companion Part I ordinance] 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 [Partl] 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 I Liaisons which corresponds with the outline presently in AMC 2.04.090 and AMC 2.04.110. ] This Ordinance does the following: 1. 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 I of 2 Ir, 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. 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 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 deletions 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 t 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. Except when an exception is granted by unanimous vote of the Council, 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 [i.e. January 1- June 30 or July 1 - December 311 shall be considered inactive and the position vacant. Further Page 2 of 49 any member not attending a minimum of two-thirds (2/3) of all scheduled 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 City 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 keeping 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. Subiect 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 advisory 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, rHousinci Commission), 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 proiects 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 Commissionl, is hereby amended to read as follows: 2.12 City Planning Commission 2.12.010 Established Membership Created There is established created 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. voting memb8F of the City Planning Commission, 2 12 020 (Rep .ale.d) 2.12.0 ;0 Terms of Ass:r., Van C,rssessers to the o al members of the City Pla. ning Commission stall 2.12.035 Terms of AKiee Attendan Ge All a nted Commissioners shall ben ested Le attend r ularly Scheduled Planning commission meetingsr study sessionsr and HeaFings Board meetingsr when appliGable Any Commissioner having two (2) rmevnused abCeRGes in a " (6) month period shall he considered inantive Page 9 of 49 the position YaGant. AttendanGe S -hall be reviewed by the Comm,*qq*nn dU°i"o the r ularly srhedule.d meetings of lanuar-y and 6.1..e with neeessafy. 7 12 040 Fler-tions of Affise rs _ Annual CepeFt Tho !`emm:s at its first er.e.e.tinn e et feFth in the Pla inine n and shall appoin e a Cesreta Fy who need net he a rnamhpr e.f the Commissions all of whom shall hold offiGe at the pleasUFe ef the Commission. The SeGretar-y shall keep a rate renerd of all n e.e,dinos and the City Planning r -e Commission shall, on the fiFst day of OGtebeF of eaGh year, make and file a ert of all its transae.tions with the City Co.me.a 71T2• v and Regulations 050 Querum Rules and C.v Five /G\ memhe Fs of the City Planning Commission Gonstitute a q..er..m The Commission m make and alter r.Jes and regulations fo v nt and orsedure sons:ste.nt with the laws of the state and shall meet at least enre eveFy thlFty (30) days. The rPrnFnmPnd2t*nn to the City CGURGII of any amendment to the Land Use OFdinanGe or Comprehensive Plan shall be by the affirmative vote 0 not less than a majority of the total 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 (Repealed) 12 non Funding _ Gifts aRd Bequests and authGFize the sums, The City GeunGil may annually budget surh powers and duties delegated to the City planning CGFnFRission and ifis subGGFRFnmttees set forth in this GhapteF. The Commission m i.:Kr he....eStS OF devises Of ...e..e.+y to Garry of N.e vi this GhapteF, wh*Gh shall be plaGed in a speGial fund- far the use of said l$$iA1} SECTION 6. Chapter 2.13, (Transportation Commissionl, is hereby amended to read as follows: 2.13 Transportation Commission 2.13.010 Purpose and Mission. Established General! 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 11 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." G. Pn-wers- and Duties, Generally. The TFanspeFtation Commission %Afill review and Fnake rerommendaflons on the following tepirs as it relates to all Modes of Transwtaflen; 1. Safety; will develop, GGGFd*nate and PFOMOte transpeFtatien safety n 0 Planning: * Will review and seFve as the pF;Mar-y body to develop reGemmendatuens to the City's long Fange tFanspoFtatiGn plans. * Will reyie and make r ndatiens in Type 111 Planning 3. Funding; well make Feremmendations to the City' s transportation ser-tion of the Capital improvements Program; transpeFtation in make modal equity a reality. gOVeFRmental entities. Selert one OF.M.GFe member liaisons to attend and paFtiGipate in~~m nnN n- u..1. IF 4ronspertation related nnmmittees ~ i maw -Rogues Valley. Examine multi modal transportation issues. Page 12 of 49 -D. Powers and Duties, SpeGifioally. The TFanspeFtation G i.A.Fuli reympi.A.F and fonNard all traffiG implementation regulations to the P, h1mr 1AInrkq Direr-tor for 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 Chaif will be elewMA amang its members annually. A vino e-hair will alse he ele Gte d 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 addition to the eleven non voting ex nffinmn rnpmhprs, a student member may be appointed aRd would serve as an additional non voting ex effinin 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 Type 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. 49 030 TeFm and Vaeaneies , .A.. Tenn. The teFM foF eaGh voting membeF shall be three ip appointed to initial terms expiring AP OI 40r r 2010; three of the nine shall be appointed to initial terms e g Anrll 30r 2011f • and three shall be appointed to initial terms e g April 90r 2012 Celleueing these OniNal terms all members shall s e for 9 • r terms e xpIFIRg. r ,APFII 30. C. VaGanGy. Any YaGanGy shall be filled by appointment of the Mayo from four or mere meetings i a 49 month n ed shall be s sidered no longer active and theposition ,°ill he deemed • nt 2.13.040 OUGFUm, Rules and Regulations One m e than hall of the sitting voting m mbers of the Cnmmiccsinn shall Gonstitute a m The Ga-mmiss i en shall meet m nthly and at least ten times g alendaF year The Commission m nd a make riles of the State and the City Char-teF and GrdinaRGer~. 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 Repoft The wnmmiccinn shall cnhmi4 neniec of its minutes to the CRY /`..URGIl and shall prepare and submit SUGh FepoFts as ftom Itime to time may-be Community Development DireGWF. Page 15 of 49 2.13.070 Compensation seFViGe While an the TranspoFtation Commission or Traffin S, -h-COMmittee SECTION 7. Chapter 2.17, rPublic Arts Commission], is hereby amended to read as follows rNote: 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. 2.17.008 Definitions A. "Asquisitien" means the inclusion of an arbNork in the Ashland Publ, 13. "Artwork" means visual woFks of publiGaFt as defined heFeiRm. C ^AgLJ°^d l2.JJiG Art Celle Gtion" means all public art ° Fed by the Cit.. byany means. Page 16 of 49 "City " " aFROURt over $25,000 paid for wholly OF iR paFt by the Gity of AshlaRd to GGRStFUGtien, OF any portion thereof-, within the limits of the Gity of Ashland. "City " " does not InGlude publiG utility improvements, (e.g. a !eGt.Os . eater sewer, OF steFmwater\ LID : mprevements, sl..ding but not limhte,d to t'pet , sidewalks and a ..teal improvements, , ntenanse neGessar.e preserve facility. Notwithstanding the above neW site stFeet a utility n est (limited to ake.rr sewer and storm . nte.r pFojeGts) In an amount over $25,000 as a Gity pFojert undeF this artlGle, b Pathpr vntp of the F "/`ommission" m s the Ashland o..l.lie. A.te Commissions sated by AMC 2.17.010, Gonsisting of seven membeFs appointed by the MaYOF andd GORfiFMed by the Counril. ."E"Oble funds" ne.t n Gl..ded a an obje..t Gf expenditure. "PartiGipating means the depaFtment that is subjeGt to thus 1 "Ps"sent for a"t" means PFOgram established by this a.iie.le, to set meaRs all forms of original weFks of aFt in any me-dia- that has been planned and exer-u-ted w;th the speGified Intention of beffing sited of Ashland, usually outside ancl to the publiG. ."P-blar- art G ity budget established by this aFter-le onto whiGh all moneys donated, deposited. FURds within the pu-hl*c-: art nr-c:n--nt shall he --t*lu7pCl far the purposes outlined in this ar-t*Gle-. "Removal" means the a s1..smon of a artWGFk from the Ashland public aFt Gollertion by the removal and disposal thFOugh any available means, such as relinquishing title H1re gh sale, gift OF destr..stiGn Page 17 of 49 R .A. P..nelrr m of individuals selented by 4he /`e.mmiccie.n that ...ill evaluate theproposals a 'eted r.rith a partmGula hl "TAT Funds" means the p ortieon of trens0eont o v tax $rndc v Development Fee" means funds deposited by-a neommeornial develeneF into the D..biin Art annount r.ehen the develew D ^Teotal onva stir me'viTa s the eontirrc e n nt of the e n vity' s financial n r.t.ibuti on P. r'vaarr~rr -crr~ctraT~a- 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 hfiembe.rs, • Teorr.os 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 three year teFMS. The GFiginal appointees shall be appointed; tWO fGF one , t..reo feor t...e years and three fear three y sthe.eafteF all terms will be Fe. three yeaFS. All members m vote OR any matter Goming before the veommissieonr except as the ethics laws of the Stroke of Ore gon m vide Any oemmissioner iNho is absent fFem four OF more meetings in a one- yea shall be considered no longer artive and thp period without being r p ositieon . n4r and a new e shail beappointed to fill the YaGanoy. 4 97 !1411 AK'ners At its first meeting the Dublin Arts C ommissieon shall elect a chair and e year, vine- nheir shall sense until the end of the nalendar yeaF At the Arst meeting of a aGh n..leondar ye ars the nhair or vine Ghair from the oreviovs Page 18 of 49 terms. The P--hluc: AFts Commission shall hold an effiGial Fneeting at least MGnthl and Fnay hold speGial Fneetings as set by the Gommission. A majority of the memhe rs r nstitutes n querum for meetings. Provided a present, any item Fnust be approved by a simple MajOFitY of the voting membe FS n nt at a meeting to passr unless Gthe"edse n yided 7 47 060 Rules and Regulations The D-dJir Arts /`omm fission shall a stablish such rules and r uJatie ns fer its g eeMment and n e d!WeQ r nsistent with the laves of the state and the GFdinanGes of the Gity. 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 Compensation se Fyiwec n d^-edl The... "i'I M~....~c.~c. ~r devises r of property on behalf of the Gity to Garry out any of the PUFPoses of this shan►e.r These shall be nlased i .l a nt few . of the. 60[~T+ISSIAH: 2.117.090 Pa"Goes A The. P..hlis Arts Commission shall operate in the o ral n..hlir interes♦ ser`ein^ the s n:ty as a ..hole It shall seF3ve no al interests ~Se The Gall for entF;es will iRGlude speGifiG guidelines and- roneiteria for the r publiG cont.-Ming rules. speG PFGje6t. Every Gall fGF enti!y must romply with the 4_A.... sitie.n As sitien of public art will o rally result #f the Gity usilng Gity funds or donated funds, in aGGGFdanre with publiG GORtFaGtong laws and AMC Chapter 2.50~,~ Jonation, or lean-. 2. Removal. RemGval of publiG art may be by request or owing. to seme damage OF deStFUGtiOn of the aFtWGFk. Page 20 of 49 P Se-le-cation PaMel n s.le..tion panel, rate from the Public Art Gommiss lon, Gensisting of art professionals and enthusiasts, residents ne ° the proposed site r nits. members, .,n d aaity adwlrlcat.ators ...ill be chosen to evaluate theproposals r red from anti tc. A dm#erent s.l.,cti..rr panel shall he chosen for each been madC~ 1. An ad is plaGed in a newspapeF of general GiMulation in the Gftyl 2. POSiGardS M sent out to all PFOper-ty owners IoGated within 300 feet of the proposed site, and 4 A notire is nla God on the cih.rc. ur ebsite The Cc)mmirrion shall n rL the Qelertion Panel by oxaminin.. minimum requirements set forth in the call for entries ..Fill begiven to the SeleGtoon Panel for Feview. The PFOPOSa'S for- aGquisition shall be e..al..atod based UPOR riteria set forth in tho call for ontries at a n.rhlir meetino The Celertien Panel ...ill a ..luate theproposals and ordinanre does not evcL.de land .use a .ai n r..hen reorui red for the --rp or struuctuure r follow any partiGular PFOGes-s- for removal and disposal of aFt In the evaluation, The Commission may solicit gifts and bequests Gf publiG aFt or f--nciq ta n of the Commission after the Celertion Panel has evaluated the artwork using the guidelines in AMC 2.17.130 and the total rock ever the life of the .+rtuuorL Page 21 of 49 All aFt WGFks oF funds shall be administered by the Gity On aoGoFdanre with designated by the dGnGr Funds in this nt m only be a nded after they have been PFOperly budgeted OF appFoved by the Gity. l9 47 X120 Dublin Art on Drheata Dre.nerty Before publIG art Gan be plaGed on private pFGpeFty the Commission shall determine whether the site : ate fe.r nuuhl:s art under the Site Se!eGt*GR GF*teFa in AMC 2.17.130. if the site is found to be appFGpFmate fe n..hl:e. art, the. City shall sen uuro a.uthe.W:'at:e.n to u and a Gress the n Bata for public art is nitrated There shall he n Witten n nt OF legal then e.rL.. Gan he used fe.r nuutl:s art n sr :shuding a c far r r_•rtfts`e' and nd donation`~ ffin A RAC ~ --vvrtvsivrr' ri.nllen v 2.17.110. 2.17.130 Guadelines for recommendation by the CoFnm*ss"on A.ual:t.eThe arh.ee. rk should be of evsantie pal quality and ~e. the site by taking unto aGGGURt r Golor, r r 3.14-stery and Centext. The artwerk should consider the hate al o ahaal and J6u al feature s of the site, as well as the relationship to the existing aFGhiter-t-,re and landse.aning of the site A InUmal !`ost The total nest of the artworLr sluud:..o all :tams ~ related to its installatie n should he considered r 5 llllaintonanne and Plroalllity. The durrahility and nest to maintain the arhuer4 shauld her sidered and quantified, r r r r nartisularl.e if the Oeerk is o nt:na Fep'aGeFnent of moving parts. Page 22 of 49 R Der"'anenoe Beth temporary and n nt art u....rks shall h2-66HS1EpFCd 7• Med:a All fernnw of visual mocha shall be r s:dered f suuh:e..t to a etc set fGFth by wity Grrl:nanwo 8. Puiblir_- Liability. The artweFk shGuld net result in safet 4 azardsf n .hra..rdin y liability to the rite O Diversity. The arh.u..rk in the Ashland Du bier A.t /`rllert:..n I0. C-c-b-m-me-roini AspeGt. The artwork shall not promote goGds- of ..dinrent o nearby businesses state, R. r_..:dwlunwr for cite eelertien nt OF legal : wtr..ment p nt:n.. the City permission to f purposes, use the PFOpeFty for publiG art 9 \/suual Arressihility. Duu1J:.. aFt should he easily y sihlo and ar.Gessuble to the pub!;G. 4 Vauual Cnhanrement Duuhl:r art should . ally enhance the A O..dstr:ar Arress: h:6t.. Public art sheuuld e_XpeFlenGe high f levels of Pedestrian traffir__ and- be paFt Gf the ^^''{{ma~cc P°. windows, 5. Corculaflon. PublwG art should not bloGk r:rru lation n .eh:rle traffic R Swale Public aFt sheuld not be planed : sate where :t is overwhelmed or GOMpeting with the sGale ef the site, adjaGen arrt.itewtuuro large s:wnnew hillheaFdc etc f f f 7 47 440 Standards for the Ashland Duuhlir Art rnllortien Page 23 of 49 apply to the aGqUiS*tffiGR of artwGFks. r.:u ether Fneans. oF any 9 Anorrieit0..n ..d'et'er by d*rent n rnh'ee ne.nmieeion gift, nle..dy defining the Fights and . sihiliti`.e of all n..rtie.e Z The ..ity shall obtain the rights of ownership and possession without legal OF ethlGal FestFlGtlGns on the MUM use of the artwork upon final a nt..n. e of the aftw..rL, o nt where expressly provided In the rontFaGt With the artist. The artists shall retain all rights and int.,ro et e in the a"h••'"Lo nt fGF tile rights of owneFship and posse I A The City shall only aGquire artworks if; 41 the artist warrants ..there to 'to so ...ith...A Witten permission by the City and 91 r r' the a"tiet gives permission to the City t...r.ake a hv.._ artist, ide the r ight symbol, name of the title of the art.....rL, and the date Of n.....nlotinn r-rentpel and maentawnpel far all rbAfnrkq in the shland Public a- A Art men. Qv. Removal. hearing is require-d- for a ramnv ..--.a! reGOMmenda hpna..ep the site is no l..n.. sihle to the n..hli.... the phySiGal site Is to be destroyed OF SiqRiflGaR4 alteree h The arh°orL is found to be forged n ntorfe:t G. The aFtwork possesses substantial demonstrated faults of design eF workmanshipz. Page 24 of 49 d The artwork a.l.le ~p irreparably, P- Thp- arhmn-rk is damaged or so severe' that repair is impraGtiGal. f. The artwork presents a physGal threat to pu safety. tl'c s Mt•st crr-vrr re -mn-;.Fp- and dispose of any aFtwerk previously aGGepted Cl166FPtion: b. AGreptaRGe OF plaGement of donated art by the Git does not guarante-e- r-n-ntinumus publiG display of the a'i.VGFk regardless of nhysi..nl Integrity.r ide.+tit.. r site. title to the nd.....rLr. thusr eliminating the °i~•r ° obligation to maintain and presp-nip- the arb.A.F d. hintwethstanding the above, ArhAfcbrk shall he disposed and disn..sa.l cast ford' in the sentra.et •.rith the Artie 3. Removal and Disposal. a. The Gity Fnay donate the aFtWGFk to another h A • oFk that is deemed to haws retained srrffisient resale, monetary value Wl Warrant shall be disposed o sale, r OF any etheF means as established by Gity GFdmnanGe. Page 25 of 49 CGIleGtion may be disposed of through any appropriate disposition Of SUFPIUS PFOperty-. I The Commission m also recommend arh..nrL,; he berf'swed 7 urah the a ..fin., of ownership, the eligibility., review Z The L..rrewine of artworks shall hen PUFSuant to written agFeement between the Gity and the artist. A Nothing herein prohibits the eity from seGuring ether GFks of art n art nvhihitiens f..r display inside its facilities 7 97 iR/l R.Aaintenanee "f fhn A.ghland Duhlin Art Cnlln..tinn n„hlie aFt the city shall heresponsible for all maintenance of all aFtworks *n the Ashland PubliG Art Col!eGtiGn-. ,Geller.tion, , but not limited to, requlaF Gustedial nare and fnr the preservation of the wort C. Any e..idenee of damage, deterioration vandalism or theft of arhAinrkq in the Ashland Dnhlie Art Cnlleetinn shall he immediately reported to the a iate City Department. City staff hall keen the Cnmmw,;,;Onn and Cominnil *nfOFmed of damage to City property. 2.17.160 Parks The standards and PFOGedures in this aFtiGle aFe in addition to, na-t in deregation of, the Ashland parks Gommission review responsibilities fo PFGjer.ts proposed OR Gity paFks. Nothing herein exempts publiG aFt projeGtS , fFGM remplianGe with all appliGable federal, state, and leGal laws but not limited to, land development Fegulations and buildiRg GGAG-e GemplianGe. Page 26 of 49 2.17.1711 nevelepment of guidelines The Cemmessi..n shall have the ability to establish fuFtheF guidelines 2.1- 74 8- -0 C FeatieR, funding and use of Ashland pUbliG aFt ar.Gount A Csaahi:shmena The /`errnwa he.eh.. establishes a separ na e.naitled tl.e Ashland prrbl:w art awwerrnt to he reflewae.t :n tl1e r this aGrount and used solely for SUGh purposes, an aGGGFdanGe with purpose Of pUbliG art this aFtiGle and etheF applir-a-ble- laffiu- Funds generated pursuant to the Commmial Development Fee in lieu established in ChapteF 18, ell as ahe Transept Awwrrpanw.. Tai. Des elation authwrized all be deposited into the Ashland PubliG Art AGGOUnt. D D..rm:tted Purposes of Pahl:w Ara Aw..errna The public. art a ..a shall be used solely fOF the f PFGViSiGR6 of this artirme and other appliGable law. Dequ:rement for 11ed:waa:en of a Percent ier Art Any ..ity ..ffiwi..l ..r employee ...he authorizes n fates w xpenditures on behalf of there a eligible fundsf :slide ...:thin the budget fer then eGt a (0.5%) of the total GGSt of the PFGjGGt-. perGent 1. One half peFGent 0 OffiGial OF employee arting on behalf of the paFtiGipating dena.iment n arl:er than the time that budgeted funds a than final : ewt:ep of ahe w pleterl 'pia.. p e..t nrrbl:w art as part of the design and engineering phase of anv transfeF of the one-half peFGeRt 0 Page 27 of 49 ;h GGStS (not to Pxc:ppd one-half pment) from the o w Malf pwrrent (.5%) dedication at the Fiore such funds 'rw trmansfc. Mad ~r~rrcv Il Dectrirted Funds. If A,pdipo for a a.iir,Jar city n erF is c„biewt to legal restrirtiwns that p rl„de public aFt a an object for ' expenditure, the portion of the rite n rt that is funded with the restricted funds shall be exempt Frop. the `lediratio" reo„i rements of th's artocip. D 'Phased Drwierts As a general rule whe rite p ert will he 0 phases the one half peFeent (0.5 dediGation shall GORStFur.ted in , be applied to the estimated total oest of earh phase of the-Gity proie..F at the time that funds for the phase a aFpd and from deciding to hold n et aside all o art of the entire "le'Firafion from the funds of a partir,Jar phase, as the Ce,mwil deems appropriate• In determining. when to hold o et aside the funds for a phased p ert, the rite Will ransider an Fall p„FJIr art plan fer the proiert toensure that art i of lrrated nn a al basis with phase Gengtri-r-tion pting is deemed a late by the Administrative Cen•ireC e Cm-nnel t shall he m de only H. from the publie art ar.Gn----n- ----a SP-P.Fl9-!P-S- -D-FeGtOF (FinanGe), and shall be made aGGording to this to the publi We (AMC ChapteF 2.50). 1 The !`o„nril may adopt by reselUtion Gase rifir waivers o r guidelines for administration of the PeFGent for aFt h8Fein based on the availability of publiG funds, as well as any otheF neGessar-y to the adminiStFation of the pregFam. Page 28 of 49 SECTION 8. Chapter 2.18, [Conservation Commission], 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 (9) 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. The terM of vet M ng members shall he fGF three • sr explFing on April 30 of ear.h yeaF. Any varanGy shall be filled by appointment by the MaYOF with nenfirmntion by the City Council for the unexpired pe.rtie n of the to FFn They terms of the initial nine members shall he three members f0F one year, three ier tWG y sr and th Fes few" three y sr ..hie.h shall he drawn by lest a the fffimt Meeting of the Gemmis Pteen of thus res0lUti0R. Their suGGessoFs shall be a ntsed for three year terms Any new person shall be appointed te fill the vaGaRGY. 4 18 030 Querum_DrJes and Meetings Five voting membeFS of the rommission shall renstitute a quorum. if a present at the meeting and entitled to vote shall he suffinient to nond-in h.ainess The r_nmm6c%Qien may make r.rles an d r ulations fe.r as meetings and PFOGedUFes Gonsistent with rity ordinancues and- this er,eseluteen, and shall m et at 'past a eth At its &t Meeting, peFiod of one yeaF OF until Feplared by the Gemmisslen 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 18 050 Repo ft Thp rnmmOqq*nn °hn" Gepies of its m utes to the. City !`oun .:1 and shall prepare and s. bmit s ..h r e'{s as irelm time to time m • he. Fequested by the Gounril. 2.18.060 Compensation Voting members- of the Commission shall . at:"n fo SECTION 9. Chapter 2.21, [Cable Access Commission], is hereby amended to read as follows: 2.21 Cable AGGess Commission 2.21.010 Definkmons The felle..e:..g eF ds and phrases whenever used in this ehapter shall h r str..ed as define'd On this s~tio-.n . unless from the context a dWarant mean:.. e.: intended. es~....... from A "Assess" or "n.JJa a s" m c that n nt a e.hanne.l Ghannels PFQ1VIded to the City of Ashland by the Cable Cempany4n aGGGFdanGe with SeGtion 26 of OrdinanGe No. 225A nr thp Cable Television teal 1]. "Cvr.mir'vscvion" -means Tr~~rthec Ashland vvmhlc A Gress rvmnTsSiVn r-Casca ovrr-.rinvrev-'rii- "vP by and with authGFity as delineated by this ordinanGe. Page 30 of 49 "RI.M-f" means Rogue Valley Community Television as administered b the Extended Campus PFOgFaFn of Southern QFegGA State College. ~I non re-n-n:csion Cstahlished ne.... beFsM:o A Th.. A hland Cable A.rcp s Commission is s'te't and hails nsist of five- -m-p-Mbers appointed by the MayoF and GGRAFFned by the GeunGil. B. The CaFnFnuss*en shall alsO GGRS*St of the following ex OffiGmG, non voting m mbers; the City of Ashland Administrater or desig...,o and a 2.21.030 TeMS !la°a°" When the first m mhe.S of the Commission aFe appointed by the Mayo undeF SeGtieR 2.21 .020, two shall be appointed fOF a teFFH to exp*Fe jul 1997r two shall be appointed ier a term to s e 1„1.. 1998r and n shall pss these- mtmens shall c e terms of three years. Varanr-ipq Shall hp filled a promptly as possible. Any Commissioner who Is absent for ennesi.,A:ye m etings OF four m eting od • rithout being r shall be ronsidered no longer artive and the position • 7 91 040 Auueruum-D„Ies and Meetings A quorum shall exist ,vt.ene..er a m rit.. of the duly appointed .sting renduunt:ng of business at me-et:ngc The Commission shall develop and operate In aGGGFdanGe with ap. regulations fGr rend, mt of its m stings nd shall m of a1 Isast every other month-. a 2 21 060 pniAfpr Th.. remmiSS:en shall. A. Review, adopt and FeGammend f49F City CounGil approval appFGPFwate- i RGlu to a disputer oh,tien n S feF the p„bla to r olye disputes in, regardigg publiG aeGess. The Commission shall memitor and- assist where appFOpriate, the implementatioR of these guidelines, peliGies and PF°°~s. regarding the eKentiveness of agreements between the city and Ce,ths Oregon State GGIlege OF others involving pub! hmming, Page 31 of 49 equipment and faGilities. and to develop IORg-Fange plans, strategies, and reremmendations fo ed eemmunity + it `seems n D. The Cnmm*q1;mcbn shall have the authority to seaFeh out grant funds and development, and to seek additional paFtiGipa 7 21 070 Appe als final. FXGept as provided On this ser-tien, a deGisien of the Commission is RFGYided the petition is filed within 60 days of the deGision, any per-son aggrieved by a der-ision of the Commission may petitiGR the Ashland Cit the petitiGn if the Ce unril he°rr the petitionr it shall have the 2rrtherity te. Commission. 2.21 080 Reports The Commission shall submit Gepies of its Fninutes to the City CGURGiI and shall rrrhFnit c r1' oFts as ireM time to time may her ested by the Mayor and City Gounr_A. 2.21.090 Compensation e e r°^eirer r ndere d The Commic.r ien mme r nt°r gifts, bequests e devises Of PFOpeFty to GaFry out any of the PUFposes of this ChapteF whiGh shall be plaGed in a speGial aGeount for the use of the Commission. 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 2.24.020 Tern• _ Var-anamps The m mber° shall be appointed by the Mayor, With e. nfirmatie n by the . Initially, three (3) members shall be appointed to teFFRs expiFlRg-on 1"1e.ne Fnbe.r 39s 1975, three /31 fGF to FMs n g December Z9r 1976, and tMMee /Q\ fgr terms expiring Dewember 31, 9077 (Ord 2423A Ghanged expiFatien dates to ApFil 30th of the next yeaF beginning fOF teFFns ending U894 Any CommissioneF who is absent fFOM fQUF (4) or MOFe meet! yeaF peFied without being e the vaGanry. (Ord. 2423-A S4, 1989; Ord. 2534, 1989) 2.24.030 A..gr..m _ Rules and Regulations Five (5) voting members of the C e- Mmis-sio n shall c-n- nstifi-ite a queruFR. At its first Fneeting of the yeaF the C n- -m-Miss in- n shall pleat a chaeF, Vice- Chair and Qen re.tar.es who shall hold ofrL.e at the pleas .re. of the. Cnmmiccinn Tl.e Commission m make rules and r Ulatinp° fear its Gensistent with the laws of the State and Cit e Ch1TY Trte and Ardinann-es and ~ shall mGGt .yeast ITlQC E1 tM on the fi VlRTIVTTIiTI"{lOC~RT~1Tp{ Wednesday at 7:30 P.M. in the Ashland Community renter Ashland Aregen. 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. 2.24.030 Reports Thp Cnmrnmqqffien shall submit G-opies of its minutes to the City COURGII and Planning /`'...omission and shall prepaFe and submit urh repeFts as from time to time may be Fequested of them by the MaYOF and City Council and the Planning C 2.24.060 Cemppnsatien Voting membeFS of the Commission shall Ferei afinn fa saeFV;Gec nderead The faoFnrnic ea ion m~I ripe. Lava e•~e. )F devises 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 peFSGR appointed by the Mayor as liaise R tn thp Cnmm*sslen, and two one (1) 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 voting members shall be appointed by the MaYGF, with Genfirmation b the City CeunsiL 2.23.015. Qualifications. In making the appointments, the Mayor and Council shall appoint members such that the majority of the Commission has 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 MG-006 Page 34 of 49 The berm of .eig Let of the voting m mbe rs shall be feer three (3) years shall he fear ene M\ yeaF. An... aGanGy shall be filled by appointment by the Mayor, the term The terms oL thee initial eight m mH'ers shall he two for one !91 yeaF, three fear ~••e (2) years, net three for three (3) • uherh shall he dFawn by lot at the fiFSt meeting of the Commission afteF the adeption e this sha Ater Their s..sseess shall be appointed to three (3) year terms. one Galendar yeaF, without being shall be c-:ensidered no longe e ar.tive and the position and a new CommissioneF shall be appointed e to fill the vaeansy. 7 23 030 Quorum _ Rules .end Meetings Commission may make rules and regulations for its government and erosedurees s intent with the ImNs of the State and City Cha Fter and shall meet at least o . thirty (30) 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 The Commmssffinn shall suh-mut Gopies of its minutes to the City CeunGil and rrs as from time to time may h hall n N nrl submit s e.h rureea. ......e .r o.'.. o...... . gifts, requested by the Mayor and City CounGil. 2.23.060 Compensation Voting Fnembe-s of the Commission shall reGeive no Gempensation fo devises Of PFOperty tO GaFFY out any of the purposes of this which f shall be segregated from ether funds far use by said Commission the 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 adyiGe and guidanr. the Ce until and rife departments on all treeelated matte GGRIFRISSiGAS, ..d to olve aifizens : re4ew{inn Ashland's ,Than fGFe st The Commission hall eonsist of the actual number of e„rrenf e•i44:nn Commission members appointed by the MaYOF and nonfirmed by the Cit and-shall consist of no *there he 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 members shall be appointed by the May-or iNith confirmation by the City GGunril. 9 95 02n Term _ \/anane:ee.' The term of a voting CoFnm*ss*oneF shall be for thFee years. Any VaGanG shall be filled by appointment of the MaYOF with r.GRfirmatioR by the Cut Any Commissioner with fou • or more , ed abse noes irem mere tings an a one year ed shall he GensideFed no IengeF artive and the position war-ant and a new Cnrnrnm1;m;mnnPr shall be appointeed to fill the YaGanry. 2.25.030 Quorum - Rules and Meetings Notwithstanding any other provision of this code, a A-quorum shall be defined as one-half the number of sitting Commissioners, plus one, but in no case less than three. if there i m n ffiGial remm:«:en business shall be rondun-ted and all -matters advertised shall automatirally be make r,Je s and regulations fer:tc meetings and nrDGed„res Gonsisten~ With Gity and shall meet at least onGe every month. At its fiFS f 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 Reports The Commission shall SUbFnit GGPieS of its Fninutes to the Gity GounGil and shall prepare and suuhmit sumh reverts as frwm time to time m ybe requested of them by the City !`ouuneil car the _Plannffing Commission. Page 37 of 49 2.25.060 DonatiGns FeGeive gifts, bequests OF Gth0F deviGes Of PFOpeFty in the naFne of the Cut tee a out ° of they n Of this Chapter, ,..hire' shall be nlaGed On a spe^:..i a „t se r us e at the dis...etien e f the r^n'n'issinn. Penalty o 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 Anew 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 City 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 proiect 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 any portion thereof, within the limits of the city of Ashland. "City proiect" or "proiect" 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 projects 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 proiect. 1. "Percent for art" means the program established by this article to set aside a percentage of the total cost of city projects for public art. J. "Public art" means all forms of original works of art in any 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 City 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 protect 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 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 protect 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 wriften 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. g. 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 community 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 project 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 proiect 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 project. 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 project 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 project 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 Proiects. 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 proiect 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 specifically 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 2009. 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 I 1 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 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 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 Page 1 of I Diana Shiplet - [Council_business] Agenda Item Request From: Russ Silbiger <russ@counci1.ash] and. or.us> To: Martha Bennett <bennettm@ashland.or.us> Date: 10/13/2009 10:10 AM Subject: [Council business] Agenda Item Request CC: Council Business <Council_Business@ashland.or.us> Attachments: Tax-Settlement-Attachments.pdf, Part.003 Martha, I am requesting an agenda item in regards to the following: On March 31. 2005 the owners of Geppetto's signed an agreement in regards to payment of Food and Beverage Taxes. http://www.ashiand.or.us/Page.asp?NavlD=8356 This agreement was approved by the City Council on April 5, 2005. One of the terms was that they agree to remain current on all Food and Beverage payments coming due from the date of the agreement for a period of five years Not doing so would put them in default of the agreement and all monies owed would be due and payable. From the information publicly released yesterday, it would appear they are in default of the agreement. I am requesting the City Council meet in the appropriate setting to discuss with staff the options we have and the direction City Council wishes to provide to staff. Attached is the agreement. Thank you, Russ Silbiger Ashland City Councilor russ@council.ashland.or.us 541-482-6907 This email is subject to Oregon public records law for disclosure and retention. file://C:\Documents and Settings\shipletd\Local Settings\Temp\XPGrpWise\4AD45220AshDomAshPO10... 10/14/2009 TAX OBLIGATION SETTLEMENT AGREEMENT BETWEEN, MacRoth, Inc., an Oregon Corporation dba Geppetto's, and Ronald Roth and Kathleen MaeMichael, individual shareholders and officers of MacRoth, Inc., Geptoo, Inc, and Oregon Corporation ribs Plaza CaN, and Ronald Roth, Kathleen MaeMichael and Mark Rosenkranz, individual shareholders and officers of Geptoo, Inc., hereinafter collectively referred to as "Taxpayers" AND The City of Ashland, an Oregon Municipal Corporation, hereinafter referred to as "City." DATED This 31 day of March, 2005. Premises: 1. Taxpayers operate two local restaurants within the City of Ashland. 2. City imposes a tax on the sale of prepared foods and beverages. 3. Kathleen MaeMichael suffered an accidental injury to her knee in March 2001, that resulted in fns rcial hardship for Taxpayers. 4. As a result of the financial hardships, Taxpayers have been delinquent in payment 5. Prior to January 6, 2004, payments received were applied first to outstanding penalties and interest, then to the underlying taxes. This would result in continued delinquencies and the additional imposition of penalties unless a covered entity paid all delinquent taxes, penalties in interest in full. 6. On January 6, 2004, the City of Ashland adopted Ordinance No. 2903, which changed the Ashland Municipal Code to allow a covered entity to make period specific payments, thus limiting the penalties to only those periods in which a covered entity did not pay their tax on time. 7. Taxpayers currently have outstanding, unsatisfied judgments with a balance as of January 31, 2005 as follows: a. Geppetto's - $22,721.24 b. PlazaCaM - $15,860.52 In addition, taxpayers are currently delinquent on the following periods with amounts current to January 31, 2005 for which suit has been filed: Settlement Agreement Page - 1 G:UWNhVke\Food k 9e ge TexUAX OarlGATION SE7TIF AGREEMENT-I.doc a. Geppetto's - April 2004 $2,916.81 Oct/Nov 2004 $ 750.25 b. Plaza Cafe - Mar/Apr 2004 $3,195.38 August 2004 $2,706.67 Sept/Oct 2004 $4,002.46 Also in addition, Taxpayers have not paid the food and beverage tax for the months of November 2004 and December 2004 for the Plaza Cafe. Taxpayer has submitted returns for the tax due for these periods of $397.83 for the month of November 2004 and $831.29 for the month of December 2004. 8. Since the accident in 2001, Taxpayers have incurred late penalties on delinquent food and beverage tax payments that have either been paid, included in a court judgment against Taxpayers or are still owing in the following amounts: a. Geppetto's - $12,879.65 b. Plaza Caf6 - $ 4,697.72 9. Taxpayers desire to propose a settlement to take care of the outstanding taxes, penalties and interest. NOW THEREFORE, THE PARTIES AGREE 1. The premises are deemed true and are herein incorporated by reference. . 2. So long as Taxpayers comply with the terms and conditions of this agreement, City agrees to stay collection of an amount ogWvalent to the total amount of penalties assessed against Geppetto's and Plaza Caf6 for a period of five years from the date hereof. 3. So long as Taxpayers comply with the terms and conditions of this agreement, City agrees to stay collection of $1,900.00 for a period of five years from the date hereof. Said amount is an estimated adjustment to accommodate some periods in which estimates of taxes owed for particular tax periods may have exceeded the actual amount of taxes collected for those periods 4. In the event that Taxpayers fulfill all of the terms and conditions of this agreement, at the end of the five year term of this agreement, City will forgive the deferred collection amounts set forth in paragraphs 2 and 3 above. 5. After the deferral of the amounts set forth in paragraphs 2 and 3 above, Taxpayers still owe $33,905.08 in unpaid taxes and interest. This amount shall hereinafter be referred to as the base amount. Taxpayers agree to pay the base amount with interest at the rate of three fourths of one percent (0.75%) per month as follows: Settlement Agreement Page - 2 G:Ueg M it Wood & Bev=&e Tu%TAX OBUGATION SMUMENr AGREEMENT-1 A. a. In the event Taxpayers sell the Plaza Cafe, Taxpayers shall, from the proceeds of the sale, pay the total outstanding base amount plus any accrued interest within 15 days of the date the sale closes. b. Until such time as the Plaza Caf6 is sold, if at all, Taxpayers agree to pay the base amount plus accrued interest, by making payments as follows: $703.81 per month, beginning July 1, 2005, until all amounts, including principal and interest are paid. Payments shall be applied first to accrued interest, then to the principal amount. There shall be no penalty for early payments. Any full payments received early may be used to offset future payments due. 6. To secure Taxpayer's obligation to comply with the terms and provisions of this agreement, Taxpayers agree to execute a mortgage in the favor of the City of Ashland against the real property located at 7024 Old Highway 99 South, Ashland. Oregon, Township 40 South, Range 2 East of the Willamette Meridian, Section 20, Tax Lot 800, more particularly described in the attached Exhibit A and hereinafter referred to as the "Security Property." When all obligations under the terms of this agreement have been paid, City will execute a release of mortgage for the Security Property. 7. Taxpayers agree to remain current on all Food and Beverage Tax payments coming due from the date of this agreement for a period five years from the date hereof for both Geppetto's and Plaza Caf6. In the event Taxpayers sell either/or both restaurants and retain no ownership interest, either individually or corporately, Taxpayers shall be excused from compliance with this - paragraph for the particular restaurant sold for any tax reporting periods after the date of the sale. 8. Time is of the essence in this agreement. 9. In the event Taxpayers default on any of Taxpayers' obligations pursuant to the temus and conditions of this agreement, all sums due and owing under this agreement, including the amounts deferred under paragraphs 2 and 3, shall become immediately due and payable and the City may pursue any remedies under this agreement, at law, or in equity to collect such sums. 10. In the event the City must file suit in a court of law due to a default in the payment or performance of any of its terms, the defaulting party shall pay, the prevailing party's actual fees and expenses together with reasonable attorney fees. 11. This agreement shall be governed and interpreted in accordance to the laws of the State of Oregon. Settlement Agreement Page - 3 G:Ve WikeT&Bevmge TWTAX OBLIGATION SErrrFMENr AGREEMETr.l.dw 12. All remedies under this Agreement are cumulative and not exclusive. Any election to pursue one remedy shall not preclude the exercise of any other remedy. No delay or omission in exercising any right or remedy shall impair the full exercise of that or any other right or remedy or constitute a waiver of the default. The terms and conditions of this agreement may only be waived in writing, signed by the party waiving. Any waiver of any default in any tens or condition shall not be construed to be a waiver of any additional defaults of that term or condition or of any other term or condition of this agreement. M WITNESS WHEREOF, the parties hereby agree. City of Ashland TAXPAYERS John W. Morrison, Mayor . Ronald Roth / \~~fi Y vK~~/L l l J Katthhlleen /MacMiiicc~h_ael Mark Rosenkranz STATE OF OREGON ) COUNTY OF JACKSON ) This instrument was acknowledged before me on by Ro =OF N 9 ~In W COI MM of public or regon My commission expires: STATE OF OREGON ) Mr co9n&sos COUNTY OF JACKSON ) This instrument was acknowledged before me on..3 " 3l - oS by Kathleen MacMichael. =TE"AKER EB REGON Pub rc for Oregon ..899 MY COtY t3.3W3 M wmmission expires: Settlement Ag reement Page - 4 G:MepMdikIIF.d & B erme TI%\TAx OBL3GATION SEtTTPMExr AGREFA EW-i.d. STATE OF OREGON ) COUNTY OF JACKSON ) This instrument was acknowledged before me on Aj r/ 2j0} by Mark Rosenkranz. OFFICIAL SEAL of Public for Oregon ANET SMITH arY NOTARYPUBGG OREGON My commission expires: 7-1i COMMISSION NO.6B666D MYCOMMIS56)N EXPIPES JIAV 1).2606 ' IFFICIAL 6EAL IANETSMITH Y PUBMC OREGON vssjolN0.36o666 E%P61E6 J10.Y tT.2666 Settlement Agreement Page - 5 GNepWikeTood&Bwe a Tu\TA% OBIJGATION SE MEMENT AGBEQAENr-I.doo EXHIBIT A A parcel of Property in Jackson County Oregon more particularly described as: Beginning at the Northeast comer of the North Half of the Southeast Quarter of Sec. 20, Twp. 40 South, Range 2 East of the W.M., in 1CO; thence South on the East line of said Section, 808 feet to the center line of the Pacific Highway, thence following courses and distances down said center line, North 70° 21' West 64 feet; thence North 85° 02' West 253 feet; thence on the arc of a 36 degree curve to the right, the chord of which curve bears North 33° 42' West 235.3 feet; thence leaving the Pacific Highway North 37° 42' West 753 feet to the North line of said North Half of the Southeast Quarter; thence East 860 feet, more or less, to the point of beginning. EXCEPTING therefrom the following described premises, to-wit: Beginning at a point on the East and West center line of Sec. 20, Twp. 40 South, Range 2 East of the W.M., in JCO, said point being 295 feet west of the East Quarter comer of said Section 20; said point also being 100 feet distant Southeasterly from (when measured at right angles to) the relocated center line of the Pacific Highway at Engineer's Station 519+32.6; thence South 36° 19 feet East, a distance of 30 feet; thence South 53° 41' West, parallel to and 130 feet distant from said center line, a distance of 167.4 feet; thence North 36° 19' West, a distance of 30 feet; thence South 53° 41' West, parallel to and 100 feet distant from, said center line a distance of 282.3 feet to the Southwesterly line of said property; said point being opposite and 100 feet distant from Engineer's Center Station 523+82.3; thence North 37° 42' West, along said property line, a distance of 330.8 feet to the Northwest comer of said property, thence South 89° 32' East along the North line of said property, 564.6 feet to the point of beginning, being land described in Vol. 210, page 406, Deed Records of 1CO. Settlement Agreement Page - 6 G:VegyrMiWFOod & Be ge Tea\TAX OBLIGATION SETTLEMENT AGREEMENT-]doe