HomeMy WebLinkAbout2009-1215 Council Mtg MIN
CITY OF
-ASH LAN D
tR1AOTtallt ~,4ny ctGZen may orally address the.Counctl'on7non agenda+rtems dunng4he Rubhc~Forum :Anycniien+maysubmri'wntten commenis
C^T 4!S.x E'yS2^tl: -Xw:k ilYUA^ x'
the,.~bunp._I,py,~t~em on e=Agen a unles1i%is the sublecL•o a public hearing and the er cordgs closedcept,for public hearings, there tsmo
c abs i e righ''t'f~tp` `or211gaddress e Csounctl on an;agenda a em. rime permitti g, the P(esi. ing Ofhcermayallowoml testimony, however, public
'ngcrla'wguerantees gnlyp Mica endattce,. 0t p~u"blt~c,par[ 6vatian. if you wish to.spe , please filldoutthe Speaker Requestfform located near
fiheennat%o tpc~ounc'it~Ch be . ,~chair Urmogn. ryou and mformryou asao the amount of time allotted toyou, if any. The time gamed
will nato same'~eit ❑hon mature o em.~,=discussion; the number-of peoplexwho wish to be heard, and the lengh.of theagenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 15, 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 30, 2009
2. Executive Session of December 1, 2009
3 Regular Council of December 1, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation of retirement plaque to Dick Wanderscheid
VII. CONSENT AGENDA [5 minutes]
1. Does Council wish to approve a Liquor License Application from Robert Dreiszus
dba Beau Club/Geppetto's at 347 E Main Street?
2. Does Council wish to approve a Liquor License Application from Jeremy Vidalo
dba Loft "American Brasserie & Bar" at 18 Calle Guanajuato?
3. Will Council approve an exemption to the Ashland Sign Code as requested by the
Oregon Shakespeare Festival to install a banner across the Pioneer Street right-of-
way between February and October of 2010 in celebration of the 75th anniversary
of the festival?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must conclude by
9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a
two-thirds vote of council (AMC §2.04.050))
1. Will the Council adopt a Resolution Amending Table "B" of Resolution 2009-18
Miscellaneous Fees to add new fees and amend existing fees for sidewalk cafes,
functional items, newspaper racks, and right-of-way closures?
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT TI IL CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Will Council approve second reading of ordinances amending the Ashland Land
Use Ordinance (ALUO) to include Chapter 18.63 Water Resources Protection
Zones and make related amendments of the ALUO and Comprehensive Plan
regarding the protection of wetlands, streams and riparian corridors, and approve
the findings of fact to accompany the amendments? [15 Minutes] Please note: the
public hearing on this item has been closed, there will be no public testimony taken
on this item.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Shall the Mayor and Council approve appointments for three positions open on the
Citizen Budget Committee with one term ending December 31, 2011 and two
terms ending December 31, 2012? [15 Minutes]
2. Does Council have feedback on Staffs Stage 1 Water Curtailment debriefing and
will Council approve Staffs request to amend the current water curtailment
ordinance to address issues identified during curtailment in 2009? [20 Minutes]
3. Should Council approve a contract with Carollo Engineers in an amount not to
exceed $363,996 to provide a Water Conservation & Reuse Study and
Comprehensive Master Plan of the Water Supply System? [15 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 10.44.020, Relating to Public
Nudity and Penalties? [15 Minutes]
2. Should 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? [10
Minutes]
3. Should Council approve First Reading of an ordinance providing for uniform
policies and operating procedures for advisory commissions, committees and
boards? [10 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
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 MEETINGS ARE BROADCASTLIVE ON CHANNEL 9
VIS,IT'1THE. CITY OF ASHLAND'S WEB SI9'E A"I" WWW.ASHLAND.OR.US
CITY COUNCIL STUDY SESSION
November 30, 2009
Page I of 2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, November 30, 2009
Siskiyou Room, 51 Winburn Way
Council Chair Jackson called the meeting to order at 5:34 p.m.
Councilor Navickas; Voisin, Chapman, Lemhouse and Council Chair Jackson were present. Councilor Silbiger
and Mayor Stromberg were absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Discussion regarding advanced financing of public improvements.
Public Works Director Mike Faught gave a presentation that included:
• What is Advance Financing of Public Improvements
• Croman Mill District Land Use Overlays Map
• How Does an Advance Financing District Work
• How Does an Advance Financing District Compare to an LID
• Examples of Qualifying Projects
• Process includes development application, identify public improvements, public improvement process,
public hearing, Council action (approval - resolution - construction or denial - no further action)
• Example
• Parcel Number, Acres, Allocation of Cost Table
• Is the City Council interested in pursuing an Advance Financing of Public Improvements Ordinance
Staff described how Systems Development Charge (SDC) worked in concert with Advance Planning. The
money would come from the Capital Improvement fund unless a developer funded it. Developers would also
pay appreciation on the cost. Advance Financing generally has a 10-year life span but Council could set its own
timeframe. If development does not occur during that time, the developer will be unable to recoup any losses.
It is a tool to continue development in the rare case a developer walked from a project the Council decided was
important to have. It also gave the developer incentive to build the infrastructure and buffered Council from
having to build. Staff had not come across a case where Advance Financing did not work.
3.. Discussion regarding the update on the Croman Mill Site Redevelopment Plan.
Community Development Director Bill Molnar provided a presentation on the Croman Redevelopment Master
plan that included:
• Guiding Principles - Circulation, Land Use, Regulations and Design Standards
• Circulation Framework Maps
• Land Uses Maps - Original and Revised Plans
• Land Uses Table
• Regulations & Design Standards Tools for Implementation - New Chapter 18.53 Croman Mill (CM)
Land
• Regulations & Design Standards - District Standards
• Carry Over Existing Design Standards
• New Standards for Croman Mill
• Additional Sustainable Standards
• Sustainable Development Standards
• Planning Commission & CAC Efforts
CITY COUNCIL STUDY SESSION
November 30, 2009
Page 2 of 2
Staff explained two possible mixed-use areas that would allow 100% employment use on the ground floor with
residential above and clarified it did not include retail.
• Land Use Overlays - CM-CI, CM-OE, CM-NC, CM-OS, CM-MU
• Dramatic Grade Changes
• Future Annexation
• Maintain Site Access to Rail - Freight and Transit Framework
• Land Uses
• Other Issues
• Public Hearing Package
• Ambitious Plan
• Timeline
Pam Marsh the Chair of the Planning Commission expressed her appreciation of Councilor Navickas' role as
Council Liaison to the Planning Commission. Councilor Lemhouse agreed and further acknowledged Councilor
Navickas' participation.
Council and Staff discussed employee density targeted for the site. Currently the average employee density
citywide was 17 employees per acre and the downtown area 100 employees per acre. For the Croman Mill site
staff estimated 20-25 employees per acre for the industrial area and 50-60 employees per acre for office space.
Staff explained the initial idea of developing Croman Mill began when Plexis Healthcare Systems expressed
interest in a 10-acre area for 100-125 employees. The site would draw more businesses over the next 30 years.
Changes to the code that define zone changes would also help attract businesses.
Council questioned moving part of the office area to the rail side when it made sense to have industrial there
instead. Staff explained the land use change accommodated a request from Plexis Healthcare Systems for that
section of land, additionally a grade change in that area was not conducive for industrial businesses.
Council expressed concern regarding Plexis Healthcare Systems' commitment to the project. Staff responded
they were in communication with Plexis Healthcare System, who retains an option to purchase the 10-acre site.
Council and Staff further discussed how the project broadened the opportunities for a variety of businesses.
Council inquired about parking in the park and whether an Urban Renewal District will be established before
approval. Staff explained it is a work item in the Master Plan, there were elements requiring significant public
infrastructure beyond traditional streets and the City had applied for a technical assistance grant.
Council noted the possibility of having a design without parking, making the code more form based instead of
prescriptive, parking should be part of the structure and increasing building height. Additional comments were
concerns the intersection at Ashland Street and Tolman Creek would fail and the need to have passenger and
grade access on both sides of the tracks.
Meeting adjourned at 7:00 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
/i
ASHLAND CITY COUNCIL MEETING
December 1, 2009
Page I of 6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 1, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Council Chair Jackson called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman were present. Mayor Stromberg was absent.
MAYOR'S ANNOUNCEMENTS
Council Chair Jackson read an update from the medics in the Infantry Battalion of the 41" Brigade Combat
Team of the Oregon National Guard (1/186) expressing the Battalion's appreciation for all the support they
have received.
City Recorder Barbara Christensen announced vacancies on the Tree Commission, Forest Lands Commission,
Conservation Commission, Housing Commission and the Planning Commission.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of November 16, 2009 and Regular Council of November 17, 2009 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamations of December 7, 2009 as National Pearl Harbor Remembrance Day and the Proclamation
regarding the Canvass of the Vote were read aloud.
Does Council have any questions about the issues covered in the presentation on the 10-year Plan to End
Homelessness for Jackson County?
Connie Saldana, a member of the Community Emergency Response Team (CERT) and Housing Program
Specialist Linda Reid provided a presentation on the 10-year Plan to End Homelessness that included
background on the plan and the following strategies:
1. Increase stock of permanent, affordable and supportive housing for individuals and families eaming'
less than 30% of the Area Median Income (AMI)
2. Increase agency coordination and service integration at all levels
3. Provide case management to help people maintain stable rental housing
4. Provide financial assistance and life skill training to help people move into stable housing
5. Develop and increase sustainable emergency and transitional shelter and permanent, supportive
housing options for youth and other vulnerable populations as they emerge.
6. Develop an ongoing community campaign that highlights emerging issues in the continuum of
homelessness
They explained how elected officials could help and described services for homeless families, veterans and
children. Monthly Task Force meetings are held the second Tuesday of every month at 10:30 a.m. at the
Jackson County Housing Authority conference room at 22331 Table Rock Road in Medford.
CONSENT AGENDA
1. Will Council approve the minutes of the Boards, Commissions, and Committees?
2. Does Council wish to approve a Liquor License Application from Ron Yamaoka dba Red Hibiscus
at 11 North First Street?
ASHLAND CITY COUNCIL MEETING
December 1, 2009
Page 2 of 6
3. Will Council, acting as the Local Contract Review Board, approve a Public Contract for a copier
rental, including full maintenance, with Ricoh under the State of Oregon Price Agreement #8618
for a term of 36-months?
4. Shall the Council approve the resolution declaring the Canvass of the Vote of the election held in
and for the City of Ashland, Oregon on November 2, 2009?
5. Will Council approve an Intergovernmental Agreement with Josephine County and the amendment
to ODOT Agreement No. 25537 to exchange $22,183.71 in unused City ARRA funds for $20,852.69
in Josephine County funds?
6. Does Council wish to approve a resolution correcting for an error of omission for two electric rate
schedules that were left out of the resolution adopted by the Council on September 22, 2009?
Councilor Chapman requested that Consent Agenda item #6 be pulled for discussion.
Councilor Navickas/Lemhouse m/s to approve Consent Agenda items #1 through #5. Voice Vote: all
AYES. Motion passed.
Administrative Services Director Lee Tuneberg clarified on Consent Agenda item #6, that the services and
charges were negotiated as part of the long-term contract. Schedules supposedly eliminated when the services
in the fees rolled into base charges actually had not occurred. After the rate study is complete in two years,
staff will recommend rolling the costs into the base charge at that time, in the interim they proposed restoring
the table with no changes to the fee or cost.
Councilor Chapman/Voisin m/s to approve Consent Agenda item #6. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Does Council wish to adopt a resolution for Fire Prevention/Life Safety Inspection Program and fee
schedule pursuant to AMC Chapter 15.28.160?
Fire Chief John Kams provided the staff report that recommended reinstituting the Fire Prevention and Life
Safety Inspection Program for businesses and multi-family residences three units and above. The program was
discontinued 10 years before, due to staffing and budget issues. The fee structure would be based on the
hazard classification and size of the occupancy. Chief Karns presented slides depicting hazardous situations.
The Fire Department was reviewing education publications to send to businesses in advance of the inspections.
Currently 1,800 buildings met the criteria. The Fire Department's goal was 900 inspections per year.
Inspection fees would go into the General Fund and possibly fund the Fire Inspector position.
Fire Marshal Margueritte Hickman explained the State of Oregon requires training levels for specific types of
inspections. The current training package available for Fire Fighters addresses business and mercantile
occupancy. These structures are considered a lower hazard and not as complex in the code requirement. The
Fire Department anticipates creating an advanced training program that will require State approval first. It was
not practical or cost effective to have all Fire Fighters trained at the Fire Inspector level.
Staff clarified Fire Fighters would perform the majority of building inspections with the Fire Inspector focusing
on industrial areas, care centers, hospitals, high-rise buildings and theaters.
Public Hearing Open: 7:54 p.m.
Brent Thompson/582 Allison/PO Box 201/Submitted a statement into the record, agreed with a Fire
Inspection System for commercial areas and buildings adjacent to each other but disagreed with the 3-unit
ASHLAND CITY COUNCIL MEETING
December I, 2009
Page 3 of G
scale for residential. The largest potential for fire was a wildfire and he did not want multi-unit residential
inspections prioritized above that. He asked Council to consider the allocation of resources to that critical need
and explained insurance companies make buildings inspections whenever property owners switch agencies.
Public Hearing Closed: 7:59 p.m.
Chief Karns clarified jurisdiction for residential 3-units and above was a State requirement. Inspections of
multi-family residences occur in the common area only, the Fire Department does not have jurisdiction in the
actual living space. However, the Fire Department would eventually like to offer inspection services to single-
family residences and duplexes.
Staff explained the Fire Inspector position would go through the budget process where the Council and Budget
Committee would decide if the need justified the expenditure.
Councilor Lemhouse/Silbiger m/s to approve Resolution #2009-34. DISCUSSION: Councilor Lemhouse
had concerns on funding the Fire Inspector position but wanted to move the proposal forward to start the
process for existing staff. Councilor Silbiger was surprised inspections had not taken place for years.
Councilor Navickas thought it was important for public safety and limited resources would help set priorities.
He suggested alternative funding sources for the General Fund, possibly a special district or fee for those who
live in higher elevation areas in the interface zone. Councilor Voisin was also surprised inspections had not
occurred for years, as it is an important service to provide the citizenry. Roll Call Vote: Councilor Silbiger,
Voisin, Chapman, Navickas, Jackson and Lemhouse, YES. Motion passed.
PUBLIC FORUM
Brent Thompson/582 Allison/PO Box 201/Expressed concern he could not access staff on the upper floor of
City Hall as easily as he had in the past. He understood the reason for the added security but thought it
disengaged the public and Council should reverse the policy.
UNFINISHED BUSINESS
1. Will Council approve a $20,078 amendment to the existing Brown and Caldwell contract to provide
additional soil and water sampling and testing at the Lithia Springs site?
Engineering Services Manager Jim Olson explained the amendment was a continuation of the contract Council
approved May 2009 for an environmental risk assessment on the Lithia Springs property. Initially Council
approved a contract of approximately $44,000 for a Level 1 Scoping study that results indicated a need for a
Level Two Screening study. The Level 3 study would address best management practices for the control and
management of the lead products at the shooting range at the Ashland Gun Club. The amendment cost was
$20,078 that staff had negotiated down from approximately $85,000. The Department of Environmental
Quality (DEQ) would provide the final review and acceptance of the risk assessment and could ask for
additional testing. Level Two Screening will require the Gun Club to close for a 4-day period.
Mr. Olson explained the factors that had increased the cost and how the assessment would be complete before
the Gun Club's one-year lease extension expired May 2010.
Councilor Navickas/Voisin m/s to approve the contract amendment in excess of 25% of the initial
contract. DISCUSSION: Councilor Chapman reluctantly supported the motion and was uncomfortable with
the company bidding 1/3 of the cost. Councilor Navickas was not surprised there were complications with the
study since the site had years of negligence and no regular clean ups. Roll Call Vote: Councilor Chapman,
Navickas, Jackson, Lemhouse, Silbiger and Voisin, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
December I, 2009
Page 4 of 6
NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish Ashland Fire and Rescue to apply for Ito 4 safety positions through the United
States Department of Homeland Security's (DHS) Staffing for Adequate Fire and Emergency
Response (SAFER) grant program?
Fire Chief John Karns presented the staff report and explained they were able to change the benefits of the
SAFER grant due to the American Recovery and Reinvestment Act Funding. The grant would cover two years
of salary, benefits costs for new employees, and re-hires. Per the grant, the City would maintain all personnel
for an additional year. He provided a presentation that included:
• The Grant intends to increase Fire Department Staffing
• Help Fire Department meet NFPA Standards, OSHA Regulations, Department of Homeland Security
Recommendations
• Allows for New Hires and Rehires
• Funds 100% for New Hires for 2 years
• Funds 100% of Rehires for 2 years
• Covers Salaries and Benefits
• Requires Retention of New Hires for Additional 1 Year
• No Retention Required for Rehires
• Ashland Fire and Rescue Staffing
• NFPA Fire Department Staffing
• ICMA Fire Department Staffing
• SAFR Grant Summary
Council and staff discussed the grants requirement of maintaining current staffing levels and new hires for the
third year, National Fire Protection Association (NFPA) staffing standards, Insurance Services Office (ISO)
staffing requirements and inspection periods and the benefits of gaining one position.
Councilor Lemhouse/Navickas m/s to approve Ashland Fire & Rescue to apply for 1 safety position
through the Staffing for Adequate Fire and Emergency Response (SAFR) grant program.
DISCUSSION: Councilor Lemhouse explained how one position would cut overtime costs for two-years at no
additional cost to the City and allowed more flexibility. Applying for more than one position was a risk he was
not comfortable taking. Councilor Navickas agreed with Councilor Lemhouse. Councilor Silbiger noted
applying for all four positions would have maxed out the property tax cap and required using reserves during
the third year. Councilor Voisin would support the motion and agreed on not taking the risk of applying for
more positions. Roll Call Vote: Councilor Voisin, Jackson, Navickas, Chapman, Silbiger and Lemhouse,
YES. Motion passed.
Council Chair Jackson moved the agenda item for the Water Resources ordinance before the agenda item
regarding City Council Goal Setting for 2010 with Council consent.
2. Should Council accept the Comprehensive Annual Financial Report as recommended by the
Ashland Audit Committee?
Administrative Services Director Lee Tuneberg provided the background and an overview of the
Comprehensive Annual Financial Report (CAFR) that included the following:
• Cover Letter
• Management Discussion and Analysis (MDNA)
• Statement of Net Assets
• Statement of Activities
• Balance Sheet and Reconciliations
• Notes to Basic Financial Statements
ASHLAND CITY COUNCIL MEETING
December 1. 2009
Page 5 of 6
• Required Supplementary Information
• Schedule of Revenues, Expenditures & Changes in Fund Balance Budget & Actual General Fund
• Supplementary Information (Combining & Individual Fund Statements & Other Financial Schedules)
• Statistical Sections (Unaudited)
• Audit Comments & Disclosures Required by State Regulations
• Report of Federal Monies Received During the Year - not included - the City did not receive enough
Federal money to perform an audit or presentation
Council noted how the exceptional work by the Finance Department staff resulted in a price reduction for the
following year's audit. Mr. Tuneberg added the Audit Committee approved an extension ofa 1-year contract
with the current Auditors. He expressed his appreciation of everyone involved with the report and gave a
special thanks to his department for their efforts.
Councilor Silbiger/Chapman m/s to accept the Audit Committee Report and the Comprehensive
Annual Financial Report for the fiscal year ended June 30, 2009 as presented. Voice Vote: all AYES.
Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve the potential revisions included in the council communication, and
continue second reading of the Water Resources ordinance to December 15, 2009?
Council Chair Jackson explained this was a request to continue the reading until December 15, 2009 to provide
time for staff to prepare additional findings. Community Development Director Bill Molnar further explained
the need for additional time and discussed possible language changes to the ordinance.
Planning Manager Maria Harris presented the following potential revisions:
• Exempting the Replacement of Non-residential Nonconforming Structures, 1863.060.3.D and
18.63.070.3.D
Staff explained the new language removed the location piece so all non-residential non-conforming structures
would be exempt and replaced in the event of a natural disaster. Replacing the phrase "existing building
footprint," with "existing footprint of the structure" would account for decks and made the code consistent.
For residential zones, it would apply to the principle-building, accessory structures would go through the
normal Planning Approval process for replacement.
Council shared concerns the language should address the downtown historic area only and others thought it
should apply citywide. An additional comment noted that most of the downtown area would be out of
compliance if the ordinance were in place.
Staff clarified that non-conforming commercial structures in the Flood Plain Ordinance allowed rebuilding as
long it began within six months following a natural disaster through a conditional use or if there were
substantial improvement based on a dollar cost. Chapter 18.63 in the Water Resources Protection Zones was
more restrictive.
Council consensus was to delay a decision regarding this issue until the 12/15/2009 meeting.
• Replacement of Public Parking Lots as a Limited Activity and Use, 18.63.070.B
Replacing public parking lots would require a Planning application. The review process would allow an
evaluation of the encroachment, seek ways to lessen the impacts through environmental construction
techniques and look at restoration. Council consensus agreed with the added language.
0 Fence Materials, 18.63.969.B.3 & 18.63.060.02
ASHLAND CITY COUNCIL MEETING
December 1. 2009
Page 6 of 6
Staff explained language was reinstated that would not allow wire mesh or chain link fencing. The language
was consistent with the Flood Plain ordinance as well. Council consensus agreed with the change.
Councilor Lemhouse/Navickas m/s to continue second reading of ordinance to December 15, 2009.
Voice Vote: all AYES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS-(continued)
3. What direction does the Council have related to City Council Goal Setting for 2010?
City Administrator Martha Bennett noted the Goal Setting session was scheduled for January 23, 2010. Staff
and Council decided on The Grove for location, discussed the advantage and disadvantage of utilizing a
facilitator, and opted to have Boards, Commissions, the City Recorder, the City Attorney, department heads
and the Judge provide written feedback on the current goals. Council Chair Jackson volunteered to work with
the City Administrator and Mayor on the agenda.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion regarding default on Food and Beverage Tax Agreement
Council Chair Jackson provided the background on the default. City Attorney Richard Appicello explained
how the City was entitled to sue for penalties and interest due to the breach of contract.
An interest in pursuing a favorable agreement towards Ron Roth, citing his contributions to the community,
and that his failure to pay the Food and Beverage Tax was the result of health cost issues was noted. However,
Council majority preferred to retain Council directives from 2008 not to waive penalties and interest. Staff
would discuss details and possible actions with Council at a future Executive Session.
ADJOURNMENT
Meeting was adjourned at 10:20 p.m.
Barbara Christensen, City Recorder Kate Jackson, Council Chair
C I T Y OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date: December 15, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb .ashiand.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennett Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Robert Dreiszus dba Beau
Club/Geppetto's at 347 E Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a change in ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page I of 1
PF
CITY OF
ASHLAND
Council Communication
Liquor License Application
Meeting Date: December 15, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb o,ashland.onus
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: Consent
Question:
Does the Council wish to approve a Liquor License Application from Jeremy Vidalo dba Loft
"American Brasserie & Bar" at 18 Calle Guanajuato?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of,this
application.
Background:
Application is for a new application.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page I of I
Pr
CITY OF
ASHLAND
Council Communication
OSF Banner Installation Request
Meeting Date: December 15, 2009 Primary Staff Contact: Adam Hanks
Department: Administration E-Mail: adam@ashland.or.us
Secondary Dept.: Public Works Secondary Contact: Jim Olson
Approval: Martha Benne ll~ Estimated Time: Consent
Question: 11
Will the Council approve an exemption to the Ashland Sign Code as requested by the Oregon
Shakespeare Festival to install a banner across the Pioneer Street right-of-way between February and
October of 2010 in celebration of the 75th anniversary of the festival?
Staff Recommendation:
Staff recommends approval of this one time exemption request to commemorate this significant
milestone of the Festival in Ashland. Council approval will allow the applicant to move forward with
the final required elements of the project, including the structural design and allow staff to conduct the
final review of the completed application.
Background:
The City of Ashland has an existing exemption and corresponding policy for the installation of banners
across East Main Street, which includes Oregon Department of Transportation regulations. The City
does not currently have a policy or permit standards for the installation of banners in other locations.
Three approvals are required to be obtained for this request to meet existing Municipal Codes:
1) Approval by the City to meet the Sign Code exemption listed in AMC 18.96.030 A.
"Informational signs placed by the City of Ashland or by the State of Oregon in the publicly
owned right-of-way"
2) Encroachment permit for the use of the airspace above a public right of way
3) Building permit for the structural support of the banner, in this case engineered connections to
two existing buildings located on private property.
The encroachment permit has been approved by the Public Works Dept, pending City Council
approval of the sign code exemption and the structural review by the Building Division for the
structural connections to the buildings.
Related City Policies:
East Main Banner Installation Policy
Council Options:
1) Approve the request by making a determination that the application meets the intent and purpose of
AMC 18.96.030 A." Informational sign placed by the City of Ashland or ODOT in the public right of
way"
Page 1 of 2
CITY OF
ASHLAND
2) Deny the request for the banner installation
Potential Motions:
N/A
Attachments:
OSF Permit Application
East Main Street Banner Installation Policy
Page 2 of 2
CITY Of
ASHLAND
Application For: „
t~i~eeayn F
Encroachment Permit •Acceptance offeedoes not
deem the permit approved.
This permit is issued for the private long-term use of public right-of-ways and
easements, including but not limited to landscaping, parking, Recesses, etc. Tlee applicant must submit this application along with
the site map detailing the type of encroachment in regards to the right-of-way or public easement. ror more information call
488-5342
FInformation Amlicant lnformation
on Shakespeare Festival Name Scott Reach
S Pioneer
Mailing Address Same
-482-2111 Office/Cell Phone Number 541-82 -
Applicant shall defend, indemnh and save City, its oricers, agents, and employees harmless from any and all claims, actions, costs,
judgmenis, damages or other expenses resulting from hjury to a), person (inhaling injury re tilling tr deadrj or damage to propeM,
(hrehuding loss or destruction), of whatsoever nature arising out of or incident to the negligent aclivilla covered tender the femur of this
Permit.
Applicant Name Scott Reach Applicant Signature Date
Site Information
Site Address 15 S Pioneer & 100E Main
Assessor's Map&TaxLot 391 E09BC & 391E09BB
Block (between X & Y Streets)
Estimated Start Date/Time Feb 15 , 2010
Project Information
❑StreetRightofWay 0 Public Easement 1[l Other Street Banner
Purpose: Street banner across Pioneer between OSF Administration & Black Swan
1 - F 9
.a
tl r 1
_ t
OEPARiMENr OF
PUBLIC WORKS
70 East main Fax: 541-08-5347
Ashland. Oman a n 97520 TTY: 800-735-2900
swvsv.a`arac G1pub-wds1°ngWEpl-adm1n1A Stank FornslEncroarhnientApocallon Perms Form l 07.doc
Oregon
November 12, 2009 0 Shakespeare
Festival P.O. Box 158
15 South Pioneer Street
Ashland, OR 97520
541482 2111
BANNER NOTES 541482 0446 fax
541482 4331 box office
w".osfashland.org
1. Banner will be constructed per city of Ashland's minimum requirements for Street Banners.
2. Oregon Shakespeare Festival will contract with structural engineer Phil McCulloch for design details.
Design details will include mounting brackets, location of brackets, size and weight of banner, method
of securing brackets and manner in which banner will be hung.
3. Oregon Shakespeare Festival will contract with Hunter Communications to hang and remove banner.
Insurance binder to be submitted after approval of application for Encroachment Permit. Pre-approved by
Mike Mastroni with Great American Insurance Group insurance company.
Ktg - 11.12.09
•
i
i
r
,
a
µ
s`' 3
~ ,n 1
> '
. F'A' ~
y ~ - ~
~ 1~ a
i.
s ti`.:
1 15G}9
t
l~
l~ jd
v"
f ~
is Y;¢ ~
r 'i,
rays I
~~I
~
~ ~~,,h-
~C
n`
`ri~z"
~s~
r
~ 1 ~
ter. i. ~
P~"
BANNER APPLICATION
ASTE BELOW EXACTLY WHAT WILL BE PRINTED ON THE BANNER. ALL
BANNE WILL BE REVIEWED FOR ANY OFFENSIVE OR INAPPROPRIATE
MESSAGE CONTENT BY THE CITY OF ASHLAND AND ODOT. NO ADVERTISING
OT ANY KIND IS PERMITTED ON THE BANNER.
Oregon Shakespeare Festival 1935 2010
YEARS
PLEASE FILL IN THE INFORMATION REQUESTED BELOW AND PRESENT THIS FORM
TO THE CITY ADMINISTRATOR AT CITY HALL, 20 EAST MAIN STREET, ASIgLAND.
-=UPON APP-ROUAI -OF=DOUR AI?P-LIGATION BY-THE CI-TY ADM7J~IISTRATOR-TI3E
CITY WILL OBTAIN PERMISSION FROM ODOT, AND THE $125 FEE WD-L THEN
BECOME DUE.
NAME OF ORGANIZATION/: Oregon Shakespeare Festival
CONTACTPERSON: Scott Reach PHONE: 821-7924
ADDRESS OF ORGANIZATION/CONTACT: 15 S Pioneer
Ashland, OR/Scott Resch
WEEK REQUESTED FOR BANNER: 2-15-2010 to 10-31-2010
(FOR CITY USE ONLY)
TBIS APPLICATION IS:
0 APPROVED FOR A CITY OF ASHLAND CO-SPONSORED EVENT.
0 NOTAPPROVED.
DATE:
MARTHA BENNETT, CITY ADMJNISTRATOR
DATE FEE PAID TO CITY OF ASHLAND:.
Cin USEONLYI ODOT
OI20TFAX541774-6149 AFTERSIGNATIRE- REn (FOR
FN OF A5H1 ewn FAX 541-488-531)
THE ABOVE APPLICATION IS:
0 APPROVED
0 NOTAPPROVED.
DATE:
COOT
Revised 7/i 1/08
CITY OF
ASHLAND
DRAFT
October 23, 2009
Paul Nicholson
Executive Director
Oregon Shakespeare Festival
PO Box 158
Ashland, OR 97520
Dear Paul:
Thank you for your letter notifying the City of OSFs intent to hang four new pennants
near the comer of Pioneer and Main Street to reflect the 75`s season. I expect we'll have
a final Pennant Policy by mid-November.
In regards to the proposed banner across Pioneer Street; the City does not have a
provision that allows for banners to be hung across city streets except Main Street which
is an ODOT right of way. In reviewing the permit record history for the previous OSF
banner installation I was unable to find an issued permit and related details so I'm unclear
how this was handled last time.
Allowing a banner to be placed across Pioneer would be a special case and require a
Resolution of the City Council to allow for a one time banner installation to celebrate
OSFs 75`h anniversary. I believe a case can be made for this one time exception but
before a Resolution could go to the Council there are a number of issues that would need
to be addressed.
At the very least OSF would need to provide the City with a completed Encroachment
Permit Application and Main Street Banner Permit Application (both are enclosed with
this letter). Neither of these two permits is exactly applicable to OSFs request, but they
will provide city staff with the information needed to recommend approval to the City
Council.
The Encroachment Permit will require the following:
• Designs detailing the installation of the banner including mounting brackets,
location of brackets, size and weight of banner, method of hanging and securing
of the banner, measurement from the street to the lower edge of the banner to
allow for passage of emergency vehicles (minimum distance is 18 feet). Based on
this information, the City's Public Words DepardnentlEngineering Division will
be able to assess the project and ultimately have final approval of the permit.
• Liability insurance and waiver. Since the banner is stretching across a public
right of way, OSF would have to assume liability for any damage or claim that
1
might arise as a result of the banner. For example if the banner comes loose and
falls on a person or vehicle it would be the responsibility of OSF to cover the
associated costs. OSF would have to provide the city with a statement of liability
insurance of $1 million and waive any future claims against the City of Ashland.
This language will have to be reviewed and approved by the City's Legal
Department.
The Main Street Banner Permit will require
• Banner design, construction and content.
It is possible we may need additional information once the various departments have
reviewed the proposal but since time is of the essence, the above list will give OSF a
starting point. We will need all of the above information and completed permit
applications by mid-November to allow time for the various departments to evaluate the
proposal and for OSF to make adjustments if need be.
I'm assuming you need the month of January to install brackets and to order, receive and
install the banner. I can put this on the agenda for one of the two City Council meetings
in December.
Also, please provide me with the name of an OSF staff person who will be the lead on
this project.
Sincerely,
Martha Bennett, City Administrator
c: Mike Faught
Karl Johnson
Ann Seltzer
Adam Hanks
Mallory Pierce
2
CITY OF
ASHLAND
EAST MAIN STREET BANNER REQUIREMENTS & INSTRUCTIONS
BANNERS ARE SCHEDULED FOR CITY OF ASHLAND CO-SPONSORED EVENTS
ONLY (SUBJECT TO APPROVAL OF CITY ADMINISTRATOR). BANNERS ARE
INSTALLED ACROSS EAST MAIN STREET BY THE ELECTRIC DEPARTMENT FROM
MONDAY TO MONDAY. IF THE MONDAY IS A CITY HOLIDAY, THE BANNER WILL
BE HUNG ON TUESDAY. NO BANNERS ARE HUNG DURING THE WINTER HOLIDAY
SEASON, USUALLY THE 4T" WEEK OF NOVEMBER THROUGH THE 1ST WEEK OF
JANUARY.
THE NAME OF THE ORGANIZATION MUST BE DISPLAYED ON THE BANNER THE
BANNER SHOULD ALSO STATE THAT THE EVENT IS CO-SPONSORED BY THE
CITY OF ASHLAND. BANNERS MUST BE CONSTRUCTED ACCORDING TO THE
SPECIFICATIONS ATTACHED TO THIS FORM. IF THE BANNER IS FOUND TO BE
FAULTY OR NOT MADE ACCORDING TO THESE SPECIFICATIONS, THE BANNER
WILL NOT BE INSTALLED.
INSTRUCTIONS:
• FILL OUT THE BANNER APPLICATION (SEE ATTACHED), INCLUDE A DETAILED
DESCRIPTION OF THE WORDING ON THE BANNER, OR ATTACH A SAMPLE COPY
OF THE BANNER. TURN APPLICATION INTO CITY. ADMINISTRATION
DEPARTMENT, LOCATED AT 20 E MAIN ST, ASHLAND, OR 97520 (488-6002).
• THERE IS A $125 FEE FOR INSTALLATION OF THE BANNER. THIS FEE IS
PAYABLE UPON APPROVAL OF YOUR BANNER APPLICATION BY THE CITY
ADMINISTRATOR, AND ODOT. THE $125 FEE MUST BE PAID AT THE TIME THE
APPROVED BANNER PERMIT IS PICKED UP. THE BANNER WILL NOT BE HUNG
WITHOUT PROOF OF PAYMENT. THE FEE CAN BE PAID AT THE CITY
ADMINISTRATION DEPARTMENT.
• FOLLOWING APPROVAL, AND PAYMENT OF THE $125 FEE, BANNERS ARE TO BE
DELIVERED, WITH A COPY OF THE $125 PAYMENT RECEIPT, TO THE
DEPARTMENT OF ELECTRICAL UTILITIES, LOCATED AT 90 NORTH MOUNTAIN
AVENUE (488-5357), ONE WEEK PRIOR TO THE INSTALLATION DATE.
• PLEASE MAKE'ARRANGEMENTS WITH THE DEPARTMENT OF ELECTRIC
UTILITIES TO PICK UP YOUR BANNER WITHIN 10 DAYS AFTER IT HAS BEEN
REMOVED FROM EAST MAIN STREET. THE DEPARTMENT OF ELECTRIC
UTILITIES WILL NOT BE RESPONSIBLE FOR THE BANNER AFTER THAT TIME.
BANNER APPLICATION
PLEASE WRITE BELOW EXACTLY WHAT WILL BE PRINTED ON THE BANNER. ALL
BANNERS WILL BE REVIEWED FOR ANY OFFENSIVE OR INAPPROPRIATE
MESSAGE CONTENT BY THE CITY OF ASHLAND AND ODOT. NO ADVERTISING
OF ANY KIND IS PERMITTED ON THE BANNER.
PLEASE FILL IN THE INFORMATION REQUESTED BELOW AND PRESENT THIS FORM
TO THE CITY ADMINISTRATOR AT CITY HALL, 20 EAST MAIN STREET, ASHLAND.
UPON APPROVAL OF YOUR APPLICATION BY THE CITY ADMINISTRATOR, THE
CITY WILL OBTAIN PERMISSION FROM ODOT, AND THE $125 FEE WILL THEN
BECOME DUE.
NAME OF ORGANIZATION/:
CONTACT PERSON: PHONE:
ADDRESS OF ORGANIZATION/CONTACT:
WEEK REQUESTED FOR BANNER:
- - - - - - - - - -
(FOR CITY USE ONLY)
THIS APPLICATION IS:
❑ APPROVED FOR A CITY OF ASHLAND CO-SPONSORED EVENT.
❑ NOT APPROVED.
DATE:
MARTHA BENNETT, CITY ADMINISTRATOR
DATE FEE PAID:
- - - - - - - -
(FOR ODOT USE ONLY)
ODOT FAX 541 774-6349 'AFTER SIGNATURE RETURN TO CITY OF ASHLAND FAX 541-488-5311
THE ABOVE APPLICATION IS:
❑ APPROVED
❑ NOT APPROVED.
DATE:
ODOT
Revised 5/10106
1
H D
aa Q Z n r
0 Z
p 0 M
H A 0 N
D f*1 i r
m Z l i ~w 11 t r
3)- w
dq i M C-)
0
II
I m m
i rn d
°i --1 £
m =
a W
N m o
lo~ col a N
H O
SP9 -i
i
a z
gig a ~
co
1 £ N
r
m Z
rx,
' a
r
I ~
C
r
a
y
-i
r-,
C1
I'
OREGON DEPARTMENT OF TRANSPORTATION
POLICY ON BANNERS LOCATED ON STATE HIGHWAY ROW
1. Definitions:
a. "Banners" will include decorations generally associated with legal holidays, flags
and pennants.
b. "Activity" will include the celebration of a legal holiday, fair, rodeo, round-up,
exposition and other civic events.
2. Permits will be issued by the appropriate District Manager for the placement of
banners where the following criteria are met:
• The activity is sponsored or endorsed by a city, county or state agency.
• The activity is two weeks or shorter in duration and open to the general public.
• The banner(s) are located within a five-mile radius of the event.
• The banner(s) may contain the name and/or logo, date and time, and general location of
the event. Banners may not include any advertising, commercial message, brand or
product name, or other information about the event such as costs, directions, etc.
• The banner(s) must have a vertical clearance of at least 20 feet above the roadway.
• The banner(s) may not be erected or maintained if they:
(a) interfere with, imitate, or resemble any official traffic control device
or attempt to appear to attempt to direct the movement of traffic;
(b) prevent the driver of a motor vehicle from having a clear and
unobstructed view of official traffic control devices and approaching
or merging traffic;
(c) have any lighting, unless such lighting is shielded to prevent light
from being directed at the highway or is of such low intensity or
brilliance as not to cause glare or to impair the vision of the driver of
a motor vehicle; or,
(d) are otherwise a traffic hazard.
• Banner material and support must be made from a durable material and constructed to
withstand wind pressure of 20 pounds per square foot of exposed surface.
3. Permits issued should include the following:
• Date the banner(s) can be installed;
• Date for removal of the banner(s);
• Any specific provisions for installation or removal of the banner(s).
4. The number and type of the banner(s) allowed will be at the discretion of the District
Manager.
M nno, ODD) I' hanncr rcgwrcmcnta
CITY OF
ASHLAND
Council Communication
Public Hearing Amending Fees for Downtown Dining, Functional Items, and
Newspaper Racks
Meeting Date: December 15, 2009 Primary Staff Contact: Mike Faught
Department: Public Works E-Mail: faughtm@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Richard Appicello
Approval: Martha Benne Estimated Time: 30 minutes
Question:
Will the Council adopt a Resolution Amending Table "B" of Resolution 2009-18 Miscellaneous Fees
to add new fees and amend existing fees for sidewalk cafes, functional items, newspaper racks, and
right-of-way closures?
Staff Recommendation:
Staff recommends Council adopt the attached resolution Amending Table "B" of Resolution 2009-18
Miscellaneous Fees for Services Where Necessary.
Background:
In accordance with Ashland Municipal Code (AMC) 13.03.040 Application, Permit Fees and Rates,
staff is proposing to amend Table "B" Resolution 2009-18 in order to incorporate new and amend
existing fees for Downtown Dining, Functional Items and News Paper Racks. In addition, the
resolution also proposed corrections to the Right-of-Way Closure Fees.
This proposed fee amendment is a result of work that began in 2008 with the Downtown Task Force.
The Downtown Task Force recommended to the City Council that it address concerns for more
equitable allowance for use of the public right of way for private commercial use and better control
over the placement and maintenance of miscellaneous publication racks and news-racks within the
downtown area.
In response to the Down Town Task Force's recommendations, the Council has revised the Ashland
Municipal Code, and Adopted a Resolution approving new Right-of-Way Encroachment Guidelines,
Standard Forms, Minimum Standards for Functional items and a new Downtown Sidewalk Usage
Map. The specific council actions are as follows:
July 21, 2009, the Council adopted Ordinance 2990 "An Ordinance Amending AMC Chapter
13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44", and Ordinance No. 2989
"An Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way
Regulation and Providing For Donation or Loan of Functional Items."
October 20, 2009, the Council adopted Resolution 2009-29 "A Resolution Adopting Right-of-
Way Encroachment Guidelines, Standard Forms, Minimum Standards for Functional items,
and the Downtown Usage Map."
Page I of 2
1r,
CITY OF
ASHLAND
A summary of the proposed fees are as follows:
Sidewalk dinning (minimum 50 Square Feet) S 4.00 per Square Foot
Functional Items $58.00 per Occurrence
Publication Box per Publication $25.00 Occurrence
It is important to note that the fee for the publication boxes is recommended as a result of several
meetings with the publication box professionals.
As staff was preparing amendments to Resolution No. 2009-18 for Sidewalk Dinning, Functional
Items and Publication Box fees, staff noticed an error in Table "B" relating to Right-of-Way Closure
Fees. The new resolution inadvertently reduced all Sidewalk and Parking ROW fees from $58 to $15.
Staff had planned reducing parking and sidewalk ROW closure fees for those permits less than 72
hours. The fees for permits greater than 72 hours should have remained at $58. In order to correct the
error staff is proposing the following fee schedule:
Sidewalk ROW Closure > 72 Hours $58.00 per Occurrence
Sidewalk ROW Closure < 72 Hours $15.00 per Occurrence
Parking ROW Closure > 72 Hours $58.00 per Occurrence
Parking ROW Closure < 72 Hours $15.00 per Occurrence
Related City Policies:
Ashland City Charter Article 13
Council Options:
1. The City Council could approve the Resolution
2. The City Council could decide to modify the proposed fees.
Potential Motions:
1. Move to approve the resolution.
2. Move to Modify ( ) the proposed fees.
Attachments:
1. Resolution
2. Ordinance 2990
3. Ordinance No. 2989
4. Resolution 2009-29
Page 2 of 2
1197FFI,
RESOLUTION NO. 2009-
A RESOLUTION AMENDING TABLE "B" OF RESOLUTION 2009-18
MISCELLANEOUS FEES FOR SERVICES WHERE NECESSARY
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland provides certain miscellaneous services to citizens
and customers through out the year as part of regular city business. These services
are normally provided at the request of the customer, or are caused by the customer
when applying for utility systems improvements, or are a part of normal accounts
receivable collection activities.
SECTION 2 The proposed fees below either fall outside of existing fees established by
resolution or ordinance and will be incorporated within the appropriate process as all
fees are reviewed and updated or have been set by resolution and are in need of
adjustment.
Section 3: On June 6, 2009, the Ashland City Council adopted Resolution No. 2009-18
"A Resolution Adopting Miscellaneous Fees for Services Where Necessary and
Repealing Resolutions 2001-05, 2007-34, and 2008-29, and repealing the hourly
services charge section of resolution 1999-29 June 16, 2009.
Section 4: On July 21, 2009, the Ashland City Council Adopted Ordinance No. 2989 "An
Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-of-Way
Regulation and Providing for Donation or Loan of Function Items."
Section 5: On July 21, 2009, the Ashland City Council Adopted Ordinance No. 2990
"An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and
Repealing AMC 6.44 Sidewalk Cafes."
Section 6: On October 20, 2009, the Ashland City Council adopted Resolution 2009-29
"A Resolution Adopting Right-of-Way Encroachment Guidelines, Standard Forms,
Minimum Standards for Functional Items, and The Downtown Sidewalk Usage Map."
SECTION 7: The fees and charges established by this resolution are reasonably based
upon related costs to the city.
Table A will take effect October 1, 2009 and will be reviewed each year and adjusted
accordingly based upon the CPI each March effective July 1. The first review and
possible increase will be March 2010 effective July 1, 2010. These fees include:
Page 1 of 5
Table A:
Effective Effective
Method/Service 10/1/2008 10/112009
Administrative Services Department
Administrative Billing Charge( up to 10%) Per billing
Repealing Resolution 2008-29
City Recorder
Copy Fees Black & White Letter/Legal Single-sided $ 0.20 $ 0.20 Each
Letter/Legal Double-sided 0.40 0.40 Each
Tabloid Single-sided 0.40 0.40 Each
Tabloid Double-sided 0.80 0.80 Each
Copy Fees Color Letter/Legal Single-sided 1.50 1.50 Each
Tabloid Single-sided 3.00 3.00 Each
Audio Tapes Citizen provides blank tape 3.00 3.00 Each
City provides blank tape 5.00 5.00 Each
Page 2 of 5
Processing Fee Liquor License-Temporary 10.00 10.00 Each
Liquor License-New 100.00 100.00 Each
Liquor License-Change in owner 75.00 75.00 Each
Liquor License-Annual Renewal 35.00 35.00 Each
Taxicab License-New 250.00 250.00 Each
Taxicab License-Annual Renewal 100.00 200.00 Vehicle.*_ .
Lien Searches-Routine 20.00 20.00 Each
Lien Searches-Rush 30.00 30.00 Each
Fire Department
FireMed Annual Household Fee-Annual renewal $ 52.00 $ 52.00 Household
Emergency Medical Service Fee 250.00 250.00 Patient
Fire Department Reinspection Fee 75.00 75.00 Reinspection
Repealing Resolution 2007-34
Information Technology
AFN Retail Rates:
AFN Bronze Excludes VolP Support $ 19.99 $ 19.99 Month
AFN Silver Excludes VolP Support 34.99 34.99 Month
AFN Gold Includes VolP Support 39.99 39.99 Month
AFN Platinum Includes VoIP Support 79.99 79.99 Month
AFN Anywhere/Out of Town Rates Charge beyond City limits 44.99 44.99 Month
AFN Wholesale Rates:
AFN Bronze Excludes VoIP Support 14.99 14.99 Month
AFN Silver Excludes VoIP Support 23.99 23.99 Month
AFN Gold Includes VolP Support 26.45 26.45 Month
AFN Platinum Includes VoIP Support 66.45 66.45 Month
Monthly Billing Minimum 1,500.00 1,500.00 Month
Static IP:
AFN Gold First address 25.00 25.00 Month
AFN Platinum First address 25.00 25.00 Month
Additional Static IP:
AFN Gold Each additional to 6 total 10.00 10.00 Month
AFN Platinum Each additional to 6 total 10.00 10.00 Month
Dynamic IP:
AFN Gold Per address 5.00 5.00 Month
AFN Platinum Per address 5.00 5.00 Month
Repealing Hourly Service Charge of Resolution 1999-29 Only
ISP/Retailer AFN"field tech" Charge 3500"
Page 3 of 5
Table B will take effect August 1, 2009 and will be reviewed each year and adjusted
based upon the CPI each March effective August 1. The first review and possible
increase will be March 2010 effective August 1, 2010.
Table B
Effective Effective
Method/Service 10/1/2008 8/1/2009
Repealing Resolution 2007-34
Police Department
PD Report Request 10 pages or less $ 12.00 $ 12.00 Occurrence
11 pages or more 15.00 15.00 Occurrence
Public Works
Penalty for no Permit Add 50% to established fee Varies Varies Occurrence
Block Party Street/Sidewalk closure $ 56100° t 15:00 ~ urreK
d
Encroachment Permanent 18000 Occurrence
ROW Closure > 72 hours Sidewalk r 56 00 58.00 Occurren e
$g W56.00 ;ga150 S}Oecurerice`"'
ROW Closure < 72 hours Sidewalk
ROW Closure > 72 hours Parking Space 56:00 58.00 Occurrence
ROW Closure <72 hours Parking Space " a1` 115600.E ,1500 urrence
ROW Closure Street 174.00 180.00 Occurrence
Sidewalk Dining (min 50 sq. ft.) Annual renewal 4.00 per sq ft
Functional Item Annual renewal 58.00 Occurrence
Publication Box per Publication Annual renewal 25.00 Occurrence
Driveway Painting Permit 6.00 15.00 Occurrence
Special Vehicle Permit Initial fee 58.00 in,
Annual renewal 58 00 Pre APP Map 20 00 Select GIS Utility Data on Disk Per utility, per quarter-quarter section Plotting Fee Per square foot Table
C will take effect August 1, 2009 and will be reviewed each year and adjusted
accordingly based upon the ENR each May effective August 1. The first review and
possible increase will be May 2010 effective August 1, 2010.
Table C:
Effective Effective
Method/Service 10/1/2008 8/1/2009
Repealing Resolution 2007-34
Electric
Blower Door Leak Test $ 50.00 $ 50.00 Test
Duck Leak Test 50.00 50.00 Test
SECTION 4. Copies of this resolution shall be maintained in the Office of the City
Recorder.
Page 4 of 5
SECTION 5. Classification of the fee. The fees specified in Section 1, Section 2 and
Section 3 of this resolution are classified as not subject to the limits of Section 11 b of
Article XI of the Oregon Constitution (Ballot Measure 5).
SECTION 6. This resolution was duly PASSED and ADOPTED this day
of 2009, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of 5
ORDINANCE NO. _
AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM
SIDEWALK REGULATIONS AND REPEALING AMC 6.44
Annotated to show deletieas and additions to the code sections being modified.
Deletions are bold #ned-through 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, (1975); and
WHEREAS, the City of Ashland does not ban constitutionally protected speech and
expression on City sidewalks, provided such speech and expression does not obstruct
pedestrian traffic, consistent with AMC Chapter 10; and
WHEREAS, the City of Ashland prohibits all commercial activity (sidewalk vending) on
City sidewalks except for certain limited activities (i.e. the sale of only certain narrowly
drawn categories of goods) which have been shown, based on the record of this
proceeding, to fulfill a special public need for such goods.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES) is hereby repealed.
SECTION 3. A new Chapter AMC 13.03 [Sidewalk Cafe', Special Event and
Publication Box Regulations] is hereby added to read as follows:
13.03 Sidewalk Cafe. Special Event and Publication Box Regulation
13.03.010 Purpose.
Page 1 of 12
The purpose and intent of this chapter is to protect and promote a safe
environment within the public rights-of way of the City of Ashland, specifically on
City sidewalks. The purpose of this chapter is to recognize a special public need
for sidewalk dining as it relates to economic development and tourism in
Ashland. Similarly, this chapter recognizes the special public need for City
sponsored special commercial sales events to promote tourism and economic
development. Finally, this chapter recognizes the special public need for
publication boxes to guarantee the free exchange of information.
Notwithstanding this public need, the placement of objects on the public right of
way requires adequate regulation to ensure its primary purposes, which include:
Uninhibited pedestrian access on sidewalks
Access entering and exiting vehicles parked in the right of way
Maintenance of utilities within the right of way
Emergency service access to persons both within the right of way
and on private property.
It is also the intent of this chapter to recognize the importance of the aesthetic
quality of the public rights of way by providing minimum standards to maintain a
positive visual streetscape for the City of Ashland that promotes the eniovable
use of the right of way for all of its intended and legal purposes. This is achieved
through the following:
Materials and Construction Standards
Maintenance and Safety Standards
Placement, Clearance and Spacing Reguirements
Procedures for Abatement I Removal
Penalties
13.03.020 Definitions
A. Abutting property owners and occupants. Any owner or occupant of
property which abuts the subject adjacent sidewalk permit area.
B. Adjacent sidewalk area. That portion of the public sidewalk between the
curb line and the property line demarcated by extending the side building lines of
the premises until they intersect the curb.
C. Downtown Sidewalk Usage Map (DSUM). A detailed map of the Ashland
Downtown District adopted by Resolution of the Ashland City Council. The DSUM
graphically demonstrating the sidewalk areas available for occupancy or
encroachment under this Ordinance.
D. Sidewalk Permit Area. That area of a City public sidewalk being lawfully
utilized by a person or entity pursuant to a permit or agreement with the City of
Ashland for the limited purposes set forth in this ordinance. Lawful use for
Page 2 of 12
purposes of this Chapter means compliance with all applicable Federal. State,
and local laws and regulations, including but not limited to full payment of fees,
rates and charges, if any.
13.03.025 Limited Applicability to Designated Zones
Permits and agreements for occupancy or encroachment of the sidewalk permit
area are available only if the property is located in one of the following zoning
districts: C-1-D (Commercial Downtown), C-1 (Commerciall, or E-1 (Employment).
Only lawful use is permitted. Lawful use means only the limited uses and
activities identified herein (sidewalk dining and special event) and consistent with
and in compliance with all other applicable laws, including City land use
regulations and controls, and all other applicable Federal. State. County and City
regulations. All other sidewalks outside the above designated zones are not
available for sidewalk usage by permit or concession, other than exempt
activities and uses. [functional itemsl, or interim uses specifically provided for
herein.
13.03.030 Exempt Activities: City Seasonal Event usage
Notwithstanding any provision to the contrary in this Ordinance, the City Council
may, at its discretion and upon such conditions as it deems appropriate, grant
permission to adjacent owners and occupants, by special permit for free use of
the sidewalk permit areas in the commercial zones of the City for designated
seasonal events. Such seasonal events shall be designed and structured to fulfill
a special public need to promote tourism and economic development. Such
Seasonal Event permits shall be initially limited to three days the week before the
Memorial Day weekend and three days the week after Labor Day weekend and
shall require a Sponsor to provide insurance. The City Administrator is delegated
authority to grant permits for the above-referenced three-day events. The Council
may by Resolution establish additional seasonal event days and may also
establish standard forms with terms and conditions for participation in such
events.
13.03.035 Interim Regulations for Publication Boxes (News-Racks and Publication
Racks
The City intends to provide standard publication boxes as City functional items
[See AMC 13.02.040.C & Dl for use by individuals and entities desiring to
distribute written materials, regardless whether such publications are offered for
free or for a charge. Said publication boxes to be provided by the city shall be
located on sidewalks or other public areas in designated locations meeting
placement, clearance and separation standards or as otherwise designated on
the adopted Downtown Sidewalk Usage Map. City standard publication boxes
will at first supplement and later replace privately owned boxes meeting minimum
dimensional standards at approved public locations. Until City placement of
Page 3 of 12
such City standard publication boxes (anticipated to take a number of vearsl
interim regulations and controls on existing publication boxes (inclusive of news-
racks, boxes and other publication racks) shall apply. Unless extended by
Council action, all publications must use City publication boxes or be located on
private property or in designated areas or free publication zones by July 1, 2012.
Unless compliance is exempted, Interim Regulations require compliance with all
applicable provisions of AMC 13.03, all special regulations noted therein, and
standard forms adopted pursuant to AMC 13.02. Modest fees and charges
(sufficient to cover maintenance) may be assessed for use of City publication
boxes. City boxes shall be assigned by lot.- Privately owned publication boxes
will continue to be permitted on private property, with the permission of the
owner, and in designated areas and free publication zones, provided they do not
interfere with ingress and egress pursuant to Building and Fire Codes.
13.03.046 Application, Permit Fees and Rates
The form of the application for occupancy or encroachment on sidewalks shall be
established by Resolution of the Council. The application fees and square
footage rates or gross sales rates, if any, shall also be established by resolution
of the City Council. The Resolution approving such fees and rates shall provide
for the annual adjustment of fees and rates by the CPI for the previous calendar
year, without the need to formally amend the resolution. Notwithstanding the
above the City Administrator may establish separate applications for exempted or
limited activities or interim regulations or waive the application requirement for
specified occupancies by written Order:
13.03.050 Permit Application
A. Application for an annual permit or agreement to occupy or encroach on
sidewalk for the limited purposes authorized herein shall be made at the Public
Works Department on an approved application form together with the required
fees and charges. The application for permit or agreement shall minimally
contain:
(1) A completed application form, signed by the abutting property owner
and occupant: and.
(2) A submittal in full of the rental rate equal to the annual (12 month) rental
rate for the square footage of the adjacent sidewalk permit area requested:
and,
(3) A scale diagram of the sidewalk permit area, with dimensions and the
location and description of all structures, materials and activities shown:
and
(4) An executed standard form release, hold harmless, and Indemnity
agreement as well as certificates of insurance and endorsement form.
(5)Other information shall be provided as required by the Public Works
Director to carry out thepurpose of this chapter.
Page 4 of 12
The Public Works Director shall forward all applications for review to the Fire
Marshall. Building Official and the Director of the Community Development
Department. Reviewing Departments shall provide input as to conflicts with City
codes, including but not limited to Building, Fire and Land Use Codes. If the
proposed use is not in compliance with zoning and land use regulations and
approvals the use shall be denied.
13.03.060 Criteria
A. The Public Works Director shall review the application for its strict compliance
with the mandatory criteria listed below. There are no variances or exceptions to
the criteria of this ordinance.
1. Location Within a Permitted Zone. Permits and agreements for occupancy or
use of the sidewalk permit area are available only if the property is located in one
of the following zoning districts: C-1-D (Commercial Downtown), C-1
(Commercial), or E-1 (Employment).
2. Use of Building Occupant. A sidewalk permit area may be approved only for
use of the adiacent occupant, with the consent of the property owner, if different.
3. Minimum SixfeotClearance Except as specified on the Downtown Sidewalk
Usage Map, when the sidewalk is eleven feet or more in width, there shall be at
least eight (8) feet clear and unobstructed passageway between the sidewalk
permit area boundary and any City owned or controlled fixtures or structures:
when the sidewalk is less than eleven feet in width, there shall be at least six (6)
feet clear and unobstructed passageway between the sidewalk permit area
boundary and any City owned or controlled fixtures or structures. Fixtures or
structures includes but not limited to fire hydrants, benches, barriers, street
trees, bike racks, lamp posts, sign posts, or the curb edge, whichever is closest.
The Public Works Director may require more clearance if necessary to
accommodate pedestrian movement and ADA access.
4. Other Placement Standards.
Except as specified on the Downtown Sidewalk Usage Map, neither the sidewalk
permit area itself, nor any object located therein shall be placed, installed. used
or maintained:
a) Within six feet (6')of the outer edge of any roadway.
b) Within ten feet 1101of any crosswalk
OWithin six feet 16'1 of any fire hydrant or other emergency facility
d) Within ten feet (10'1 of any driveway or alley entrance/exit
e) In the public right of way within any un-authorized zoning district,
including all residential zoning districts
Page 5 of 12
Q Within 3 feet (3') from either end of approved bicycle parking U-racks
g) Within the footprint of any bus stop areas.
h) Within fifteen feet of an intersection.
Notwithstanding the above, certain functional items fe.g. publication boxes] may
be located within 24 inches of the roadway edge/ curb face.
5. Materials and construction standards.
All temporary structures or obiect (including furnishings such as tables and
chairs), placed in the sidewalk permit area shall be of a weatherproof and sturdy
construction. (i.e. solid wood, iron, non-corrosive metal, cement, or similar
material). Except when otherwise specified in a Council Resolution, plastic is
prohibited as suitable material for structures and furnishings: similarly, materials
which stain or damage the sidewalk are prohibited. Said items shall comply fully
with all applicable regulations, including building codes; land use ordinances and
Resolutions of the city. The City Council may adopt by Resolution material and
construction standards, (including tvpicalsl, for public furnishings placed in the
sidewalk permit area.
6. Maintenance and installation standards. Any item placed, installed or
maintained within the sidewalk permit area shall be subiect to the following
maintenance standards:
a) No object shall be chained, bolted, or otherwise attached to any fixture,
tree or city functional item located in the public right of way, nor shall any
object be attached to the surface of the right of way.
b) Objects shall be designed and constructed to be movable by one person
and where practical, wheels shall be attached or attachable to allow for
ease of movement.
c) Objects placed in a sidewalk permit area shall not be used to violate any
other applicable code, including provisions and limitations on signage.
d) Objects, such as furnishings, placed in the sidewalk permit area shall have
information affixed to the exterior of the object including the name and
address of the owner and the name of the establishment with which the
object is associated including an emergency contact number.
e) Objects occupying the sidewalk permit area shall be maintained in a clean
and orderly condition and in good repair at all times. This includes but is
not limited to maintaining a condition which is reasonably free of dirt, rust
and grease. The item is reasonably free of chipped, faded, peeling or
cracked paint. All structural and/or moving parts are in working order and
pose no safety hazard to the public. Any glass or plastic (such as displav
windows) are unbroken and reasonably free of cracks, dents, blemishes
and discoloration.
f) Objects must maintain a weather proof or weather resistant quality.
Page 6 of 12
g) Obiects shall be designed to be stable and self supporting under a wind
load of at least 20 pounds per square foot without attachment to the
pavement or any other object.
7. Illegal structures or usage. No sidewalk permit area will be approved if the
permit area or six foot clearance area adjacent to the permit area contains
structures, fixtures, obstructions or materials which have been illegally placed or
affixed to or in the City right-of-way. For purposes of this ordinance Illegal
structure or usage includes not only items placed or activities conducted without
a permit but also items or activities which were initially placed or conducted
lawfully but for which the owner/operator has failed to maintain current payment
to the City.
8. Minimum Sguare Footage. Except for functional objects, the sidewalk permit
area is a minimum of fifty (50) square feet or as otherwise designated on the
Downtown Sidewalk Usage Map. This provision does not apply to interim
regulations for publication boxes.
9. Minimum Duration. The minimum duration of the permit is yearly (twelve
months, whether or not the entire year is available for use). This provision does
not apply to interim regulations for publication boxes.
10. Arrearages to the City or Pending City Violations. No sidewalk permit area
will be approved for one year after a person or entity applying for the permit has
been found in violation or is currently subject to an active violation proceedings
for violation of the City of Ashland Municipal Code concerning or relating to the
activity to be conducted in the permit area. This includes but is not limited to
actions for failure to maintain business license, arrearages of other delinquency
in food and beverage tax receipts, transient occupancy taxes or unpaid balances
under the prior sidewalk dining ordinance.
11. Alcoholic beverages. The Public Works Director shall forward all
applications for review by the City Recorder for any proposed use which involves
alcoholic beverages. Written approval of the designated City official in
accordance with City ordinances is required for any such proposed use. in
addition to state regulatory requirements.
12. Liability Release. Indemnity. Hold Harmless, and Insurance. No sidewalk
permit area will be approved without an executed release agreement and
insurance certificates as required by AMC 13.03.070.
13.03.070 Liability Release. Indemnity, Hold Harmless Agreement and Insurance
Prior to the issuance of permit. Permittee shall:
Page 7 of 12
A. Furnish a signed Release. Hold Harmless and Indemnity agreement, in the
City standard form, that the Permittee shall release and hold the City of Ashland
harmless, as well as defend, indemnify and hold harmless the City, its officers
and employees, from any and all claims for damages to property or injury to
persons which may occur in connection with an activity carried on under the
terms of the permit. The agreement shall also release the City from any and all
liability to the Permittee.
B. Furnish and maintain such personal injury, property damage and general
liability insurance as will protect Permittee and City from all claims for damage to
property or bodily injury, including death, which may arise from operations under
the permit or in connection therewith. Such insurance shall provide coverage of
not less than the amount of municipal tort liability under the Oregon Tort Claims
Act. Such insurance shall be without prejudice to coverage otherwise existing,
and shall name the City, its officers and employees, as additional insured, and
shall further provide that the policy shall not terminate or be canceled prior to the
expiration of the permit without 30 days written notice to the City. .
C. For functional items and items subject to interim regulations, the standard
agreement language may be incorporated into standard applications and//or
permits forms and insurance requirements to add the city as additional insured
shall be deemed waived.
13.03.080 Conditions of Permit.
A. Requirements for all sidewalk permit areas:
1. Each permit issued shall terminate December 31st of the year in which it is
issued, or earlier as specified on the face of the permit. Reguests for renewals
shall be filed with the Public Works Department prior to the expiration of the
original permit. Renewals filed prior to expiration require a deposit of only six (6)
months rental rate, unless the applicant has previously been in arrears in which
case the deposit shall be the full annual rental rate. The Public Works Director
may approve, approve with additional conditions, or deny the request for renewal.
Unless fees are waived for the type of request, no application shall be accepted
for renewal without a renewal application fee, as specified on the City Council Fee
resolution.
2. The permit issued shall be personal to the Permittee only and is not
transferable in any manner.
3. The permit may be temporarily suspended by the Public Works Director in
the event of an emergency as provided in AMC 2.62 or upon approximately forty-
eight hours advance notice if the public interest requires use of the right-of-way
or sidewalk permit area for a public event, construction, repair, or any other
purpose. The City will attempt to provide notice of said suspension as soon as
Page 8 of 12
practical. The City shall not be responsible for any loss or damage claimed by
the Permittee for such closure, except that Permittee shall be entitled to a refund
of the rental rate based on a pro rated calculation of rates based on days of
closure.
4. The permit is specifically limited to the area approved or as modified by the
Public Works Director, and will include a diagram indicating the area approved
and the location of the materials permitted to be in the right-of-way.
5. Only those things authorized by the permit and shown on the diagram may
be placed in the sidewalk permit area. Should the Permittee not utilize the
sidewalk permit area as authorized for a period of seventy-two (72) hours or
more, all the materials shall be removed.
6. All required federal, state, and local permits and authorizations for the
proposed use, re.q. food service OLCCI shall be obtained and complied with prior
to the occupancy, including specifically any access modifications or parking
improvements required to be completed prior to the commencement of the
occupancy.
7. Issuance of this permit does not authorize violation of any federal, state or
local law, including City sign regulations.
8. Smoking shall not be allowed in any sidewalk permit area.
9. Sidewalk permit areas must be supervised by Permittee or its employees,
except for functional items or items subject to temporary regulations. rbut see
special regulationsl
10. The permit authorizing use of the sidewalk permit area must be visibly
displayed during occupancy of the permit area.
11. The City of Ashland has the right to repeal or amend this Chapter and thereby
terminate or modify all private sidewalk usage or operations. No Permittee shall
obtain any property right in the continued private use of the public sidewalk.
13.03.090 Denial. Revocation, or Suspension of Permit.
A. The Public Works Director may deny, revoke, or suspend the permit upon
finding that any provision of this chapter or condition of approval has been
violated. The permit or agreement shall be suspended if the rental rate is not fully
paid within three working days of the due date or if the Permittee fails to maintain
required insurance. The permit or agreement shall be suspended if the Permittee
fails to strictly abide by the boundaries of the sidewalk permit area.
Page 9 of 12
B. The Public Works Director shall give notice of denial, revocation, or
suspension to the applicant or Permittee in writing stating the action which has
been taken and the reason therefore. The action shall be effective immediately
for a denial and upon the expiration of the appeal period r10 daysl for a
suspension or revocation. Appeals shall be processed as provided in AMC 2.30.
If an appeal of a suspension or revocation is properly filed, the suspension or
revocation shall be stayed until resolution of the appeal. Upon hearing the
matter, the City Administrator shall render a final written decision. This remedy is
not exclusive, the City may also cite violations to Court (including daily fines) in
addition to the remedy set forth above.
13.03.095 Constitutionally Protected Activity.
Nothing in this ordinance prohibits or restricts constitutionally protected speech
and expression which does not obstruct the free flow of pedestrian traffic on the ,
sidewalk and right-of-way.
13.03.100 Interim Special Regulations for Publication Boxes.
In addition to all other applicable criteria, standards and requirements in AMC
13.02 and 13.03, the following special regulations for publication boxes are
imposed.
A. Unless otherwise designate on the Downtown Sidewalk Usage Map, any
publication box placed in whole or partially within the right of way shall be
located in groupings with a linear dimension of no greater than twelve feet.
Publication boxes shall be placed immediately abutting other publication boxes
within the approved grouping location. A publication box grouping shall be
placed a minimum of 200 feet from the closest existing grouping on the same
side of the street. All publication boxes shall be 24 inches off the curb face to
minimize conflicts between vehicle doors opening into the sidewalk.
B. Unless otherwise designated in the Resolution establishing standards for
functional items, no individual publication box shall exceed five feet in height,
thirty inches in width or two feet in thickness unless specifically approved by the
Public Works Director for publication boxes that serve multiple
publications/vendors/distributors.
C. Publication boxes shall contain a system to prevent contents from spilling
out of the container such as clasping door systems spring loaded auto closing
doors, etc.
D. Each publication box shall be designed, installed and maintained to protect
the contents from weather related hazards such as wind, rain, snow, etc
Page 10 of 12
E. Each publication box shall display only its contents in a clear glass or
plastic window.
F. In the event a publication box remains empty of its contents and unused by
its owner for a period of more than 30 consecutive days, the publication box shall
be deemed abandoned and is subject suspension or revocation or summary
abatement as outlined herein.
13.03.110 Penalties
A. Knowingly occupying or encroaching upon a public right-of-way without the
permission of the City shall be considered a Class C misdemeanor offense,
subject to the limitations of AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above,
shall be a Class A violation as defined by AMC 1.08 and punishable as set forth in
that section.
C. The City Administrator or designee is authorized to issue a citation to any
person violating the provisions of this chapter. Issuance of a citation shall
trigger revocation of the permit or agreement under Section 13.03.100 and in the
event of conviction, no permit shall be issued to the same Person, entity or
address, for a period of at least two years.
13.03.115 Summary Abatement.
If the condition of any item tin the City right of way, including any street or
sidewalk is such that it creates a risk of serious iniurv to the persons or property,
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 1.08 and to charge against the responsible
owner/operator the full costs of such abatement.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
Page 11 of 12
SECTION 6. Delayed Effective Date. In order to allow time for the City Council to
adopt standard forms and implementing documents, this Ordinance shall not be
effective until November 1, 2009.
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
4-7) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
The foregoing ordinance was first read by title only in acco dance with Article X,
Section 2(C) of the City Charter on the j~T day of 12009
and duly P SSED and ADOPTED this day of 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this ZZ- day of 2009
1
J Stromberg, Mayor
Reviewed as to form:
11--a /
Richard Appicello C Attorney
Page 12 of 12
ORDINANCE NO. o~r1 F~
AN ORDINANCE AMENDING AMC CHAPTER 13
TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION
AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold ' 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, (1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the
City Council concerning the use of City sidewalks for commercial and other purposes,
including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern,
inter alia, more equitable allowance for use of the public right-of-way for private
commercial use, a more consistent encroachment permit process, including standards
for placement of functional objects (planter boxes, benches, trash cans, etc - with
allowance for private placement of such public use items), control over the placement
and maintenance of miscellaneous publication racks and news-racks within the
downtown; and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating
to use of City right-of-way to provide for standard forms and to make allowance for
donation or loan of functional items; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Section 13.02.040 is hereby amended to read as follows:
13.02.040 Permission Required
Page 1 of 3
A. Prohibition. Except as provided in AMC 13.02.040.C, no N4D person or enti
may occupy or encroach on a public right-of-way without the permission of the
city. The city grants permission to use public rights-of-way, by franchises,
licenses, concessions and permits.
B. Standard forms. Franchises, licenses, concessions and permits for use of
public rights-of-way, shall comply with all applicable requirements for
occupancy or encroachment of such areas as set forth in Chapter 13.03
and other applicable provisions of the Ashland Municipal Code.
Franchises, licenses concessions and permits shall be submitted on a City
standard form franchise, license, concession, or permit template, together
with required fees, if any. Such standard form templates and fees may be
adopted and amended by the City Council by Resolution.
C. City Functional Items. The City of Ashland is not required to obtain
permits or other City authorizations to place City utilities, facilities or other
structures, in the right-of -way, including "functional items" intended for
public usage. City functional items include, but are not limited to, a Citv
standard bench, water fountain, planter box, garbage receptacle, ash can,
bike rack, bollard, publication box, or other functional items identified by
Resolution of the City Council. The City Council Resolution shall identify
functional items and establish minimum standards for such items.
D. Donated or Loaned Functional Items. An abutting property owner together
with the occupant may donate or loan to the City of Ashland a City
standard functional item for use in an adjacent sidewalk permit area. Other
persons or entities may also donate or loan functional items, for use in
non-adjacent public areas. Items accepted on loan require insurance and a
maintenance / hold harmless / indemnity agreement in the standard
approved form. Donated items do not require insurance or a maintenance
agreement but the donations must be accepted by the City to be eligible for
placement. The City Administrator is delegated authority to accept or
reject donations and loans for purposes of this Chapter, in the
Administrator's sole discretion. After demonstrated compliance with this
section, the City Public Works Director may authorize in writing the
placement of a donated or loaned city standard functional item, in locations
meeting, at a minimum, the six foot or eight foot clearance requirement of
AMC 10.64.010 or in approved locations shown on an adopted Downtown
Sidewalk Usage Map. Items not strictly complying with minimum
standards for such City functional items, (e.g. - a decorative art bench) may
be permitted through the public art process in AMC Chapter 2.17.
E. Penalty. Knowingly occupying or encroaching upon a public right-of-way
without the permission of the City shall be considered a Class C
misdemeanor offense, subject to the limitations of AMC 1.08. Violation of
any code requirement, agreement, permit, license, or provision thereof.
Page 2 of 3
including any term, standard, requirement, or condition shall be considered
Class A violation punishable as provided in AMC 1.08.
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. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 5. Delayed Effective Date. In order to allow time for the City Council to
adopt standard forms and implementing documents, this Ordinance shall not be
effective until November 1, 2009.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-6) 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,
day of 2009
Section 2 ) of the City Charter on the p- I
and du ASSED and ADOPTED this 47/ day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this ZZ day of 2009
J h Stromberg, Mayor
Reviewed as to formAs~--
Rich'ajdAppelIq a , ~ - C ty Attorney
Page 3 of 3
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING RIGHT-OF-WAY ENCROACHMENT GUIDELINES,
STANDARD FORMS, MINIMUM STANDARDS FOR FUNCTIONAL ITEMS, AND THE
DOWNTOWN SIDEWALK USAGE MAP.
WHEREAS, On July 21, 2009, the Ashland City Council adopted Ordinance #2989 "An
Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way
Regulation and Providing For Donation or Loan of Functional Items", and
WHEREAS, On July 21, 2009 the Ashland City Council adopted Ordinance #2990 "An
Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and
Repealing AMC 6.44", and
WHEREAS, In order to allow time to adopt standard forms and implementing
documents the ordinance becomes effective November 1, 2009, and
WHEREAS, the Ordinance requires that standard fors, identifying and establishing
Minimum Standards for Functional Items, and a Downtown Sidewalk Usage Map
(DSUM) be established by Resolution,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Right-of-Way Encroachment Guidelines, which includes standard
fors and identifies and establishes Minimum Standards for Functional items and the
DSUM, marked "Exhibit A" and attached to this Resolution, is adopted.
SECTION 2. Pursuant to AMC Chapter 13.03, the City Council ratifies the City
Administrator's Order concerning the timing of submission of publication box
applications, specifically: Publication box applications under interim regulations in
AMC 13.03 may be submitted to the City between October 21, 2009 and December 1, D p
2009. All applications must be received and deemed complete by December 1, 2009. ~fv1 V'" o
Between December 1, 2009 and December 15, the City will, by lottery in - OOq
accordance with AMC 13.03, assign spaces on [fieD"owntown Sidewalk Usage Map. All boxes shall be moved into assigned spaces or to the Publication (NO FEE) zone by
January1, 2010. Fees for occupancy of spaces will commence on January 1, 2010.
SECTION 3. This Resolution shall be effective November 3, 2009.
SEC ION 6. This resolution was duly PASSED and ADOPTED this a~ day of
2009, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
Page 1 of 2
SIGNED and APPROVED this day of October, 2009.
J h Siromberg, Mayor
Reviewed as to form:
Richard Appicello, Assistant City Attorney
Page 2 of 2
II
11
K'' 4
Right-of-Way Encroachment Guidelines
CITY OF
-ASH LAN D
Right-of-Way Encroachment Guidelines
Table of Contents
T. Introduction and Purpose
Ti. Process Flowchart
TIT. Abbreviations and Definitions
TV. General Guidelines for all Encroachments
A. Design Guidelines for all Encroachments
B. Placement, Clearance, and Spacing Standards
C. Materials and Construction Standards
D. Maintenance and Safety Standards
E. Procedures for Abatement / Removal
F. Penalties
V. Functional Item-Specific Guidelines
A. Sidewalk Cafes
B. Bicycle Racks
C. Receptacles
D. Planters
E. Benches
F. Publication Racks
G. Bollards
H. Bus Shelters
VT.Appendices
A, Standard Specifications & Details
B. Permit Application Pack
C. Ordinances 2989 and 2990
D. Downtown Sidewalk Useage Map (DSUM)
Right-of-Way Encroachment Guidelines
1. Introduction
In 2008 the Ashland Downtown Task Force made several important recommendations to the
City Council concerning the use of City sidewalks for commercial and other purposes. As a
result Ashland Municipal Code (AMC) 13.06 was repealed and Chapter 13.03: Sidewalk Cafe,
Special Event and Publication Box Regulation (Effective 11/1/09) was adopted.
This ordinance protects and promotes a safe environment on public sidewalks (public right-of-
way) wither the C-1-D, C-1 and E-1 Zoning Districts. Placement of objects on sidewalks is
considered an encroachment in the public right of way and, as such, requires adequate regulation
to guarantee uninhibited pedestrian access on sidewalk, sufficient access for passengers entering
and exiting parked vehicles, maintenance of utilities, and emergency service access.
Standard form templates and fees (application, square feet or gross sales rates) including
insurance and maintenance/hold harmless/indemnity agreements as well as the "Downtown
Sidewalk Usage Map" (DSUM) were adopted by City Council Resolution on October 20th,
2009.
Purpose
The purpose of this document is to prescribe the place and manner for requirements for the
placement of encroachments upon any public right-of-way within the City of Ashland. These
requirements are set forth to protect and promote the public health, safety, and welfare of citizens
of the City. This is accomplished by eliminating potential hazards to motorists and pedestrians
using the public streets, sidewalks, and rights-of-way. Property values are safeguarded and
enhanced by consistent application of design standards.
Goals and Objectives of an Encroachment Policy
• To ensure the public continues to have aesthetically pleasing views and safe areas to
walk and drive.
• To protect and preserve the sidewalks, streets and open space.
• To increase community awareness regarding encroachments and open space use.
• To promote a consistent policy of reducing and minimizing encroachments into the
public right-of-way.
• To establish a uniform application process and solution for all encroachment in the
public right-of-way.
All of the items listed in this document, (e.g. benches, newspaper racks, sidewalk cafbs, planters,
way-fording features/facilities, etc.) that are not owned or donated to the City, require a permit
that can be obtained from the City of Ashland Public Works Department (PW). For information
regarding the permit process, please contact the PW AA (541)488-5347. The basic permit
process is shown in the flow chart that follows:
Opub-wrkskng109-25 ROW Encroachment Ord\B_Eng\2009-10-14\ROW Onidalmes.doc Page 2 of 44
Right-of-Way Encroachment Guidelines
M. Process Flowchart for Functional Items
Individual contact City to determine steps needed to place object in ROW,'r? 541488-5347
Is object a
loan or
donation?
J=plat Dormdon
Non-Standard submits
Specification Itcm pennil
n
Standard
Specification Item Sign Process
Art or application Public Works
Sign? ' FnEinegjng prarrsses
City Administrator Planning dac apptitalion
TCy ews
Item goes before Public The application is
Arls Commission for reviewed against dae
Admivisuator ROW Encroaclmieot
Aoorowil Ordinance Guidelines
YCB NO aopProA 11 1? Ifapplicalionis approvcd
No Public Works Engineering
Individual End Issues a Permit
reoeiiet reeeipl yet end
for tax
Applicant proyidcs
loan or LM necessary insluarmc forms
Donation? to City and agrca to
Item is placed in maintain encroachment for
approprialc a period of t year
section or Right
or way. City
maintains ilan Item is placed itt
continuously appropriate section of
(exception Right of Way
planters)
Yes Public Works Epgipeering
eaforccs the Permit for a
period of I year
Resubmit NO
following
year?
Remove
item
G:lpub-arkslenM-25 ROW Encroachment Oni43_rng12009-1a141ROW Guidetines.doc Page 3 of 44
Right-of-Way Encroachment Guidelines
III. Abbreviations and Definitions
Abutting Property Owner. Any owner or occupant of property which abuts the subject
adjacent sidewalk permit area
Adjacent sidewalk area: That portion of the public sidewalk between the curb line and the
property line demarcated by. extending the side building lines of the premises until they intersect
the curb.
Bench: A bench is an object placed to provide opportunity for sitting. A bench has a seat and
may have an armrest and a back
Chair. A chair is a movable piece of furniture consisting of a seat, legs, back, and sometimes
armrests, for use by one person. Plastic Chairs are not permitted as encroachments in the Right
of Way.
City awned fractional items: Functional items identified by Resolution of the City Council to
be allowed to encroach in the Public Right of way. The purpose of this guideline is to identify
specific functional items and establish minimum standards for such items. City-owned items do
not require a permit. See below for definition of "Functional Items".
Donated or Loaned Functional Items: An abutting property owner together with the occupant
may donate or loan to the City of Ashland a City standard functional item for use in an adjacent
sidewalk permit area Other persons or entities may also donate or loan functional items for use
in non adjacent public areas. Items accepted on loan require insurance and a tmintenance/hold
harmless/indemmity agreement in the standard approved form Donated items do not require
insurance or a maintenance agreement, but the donations must be accepted by the City to be
eligible for placement. Sidewalk cafe tables and chairs do not qualify for this program
The City Administrator is the delegated authority to accept or reject donations and loans for
Public Art purposes. After demonstrated compliance with this section, the City Public Works
Director may authorize in writing the placement of a donated or loaned city standard functional
item in locations meeting the a minimum the six foot or eight foot clearance requirement of
AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk Usage Map.
Items not strictly complying with minimum standards for such City functional items, (e.g. a
decorative art bench or commercially integrated sign/bench) may be permitted through the public
art process in AMC Chapter 2.17 or AMC Chapter 18.96 (Sign Regulations). An accepted
donated 'Rem can be placed without a permit and without required insurance.
Downtown Sidewalk Usage Map: (DSUM) A detailed map of the Ashland Downtown District
adopted by Resolution of the Ashland City Council T'he DSUM graphically demonstrates the
sidewalk areas available for occupancy or encroachment under Ordinance 2989 and 2990.
Temporary Encroachment: An encroachment is any structure, building, fixture, sign, or other
object belonging to any person which has been constructed, installed, or placed on any public
street, public sidewalk, or public right-of-way, other than encroachments which will remain in
G:tpubwrt®1eng\09-25 ROW Encroachment OrdtB_Engt20pSL10-14\ROW Guidetmn.doc Page 4 of 44
Right-of-Way Encroachment Guidelines
place for a temporary period of time not in excess of thirty (30) days that have been approved by
the City in connection with an event for which the City has issued a permit.
Functional items: Outdoor furnishings that include, but are not limited to, benches, water
fountains, planter boxes, garbage receptacles, ash cans, bike racks, bollards, publication boxes,
way-finding features/facilities, and other miscellaneous outdoor items identified by the City.
They are often called "Site Furnishings" in standard specifications.
Historically Significant Item: (e.g. Haskins Pump on 0 St) Construction in the Right of Way
that has been in its current location for more than 40 years and/or is identified in the City's
Historic Inventory. Historically Sigriilicant Items may not be modified or altered without review
and approval by the Ashland Historic Commission and Public Works Department.
Multiple unit news racks (MUNR): A multiple unit news rack is a structure designed to hold
newspapers and publications and to facilitate the sale or distribution of for fee or free
publications.
Sidewalk Cafe. An outdoor extension of an existing premise licensed as a restaurant used for
serving food or beverages fiGom a restaurant to patrons seated at tables located within the adjacent
sidewalk area, including, in the case of a Permittee in possession of a valid license for the sale of
alcohol beverages covering such sidewalk, the service of such beverages, or providing seating
for patrons in the adjacent sidewalk area
Sidewalk Permit Area: That area of a City public sidewalk being lawfully utilized by a person
or entity pursuant to a permit or agreement with the City of Ashland for the limited purposes set
forth in these Guidelines. Lawful use for purposes of this Guideline means compliance with all
applicable Federal State and local laws and regulations including but not limited to full payment
of fees, rates, and charges, if any.
Temporary: As used here, temporary defines an object that can be placed in the right-of-way
that is not a permanent fixture and can be removed at anytime.
Temporary sidewalk planter. An object suitable for growing plant material that can be placed
in the right-of-way that is not a permanent fixture and can be removed at any time. Permit
holders are responsible for maintenance of plantings. '
Sidewalk cafe: An outdoor extension of an existing premise licensed as a restaurant.
Litter receptacle: A container placed in the public right-of-way for trash collection or
Recycling.
Historic structure: As used in regulations pursuant to the Tax Reform Act of 1986, a historic
structure is any building fisted individually in the National Register of Historic Places, or a
building located in a registered historic district and certified by the Secretary of the Interior as
being of historic significance to the district.
G:*ub-wrks eng\09-25 ROW Enaoachment OrM Eng12009.10.14WOW Guidefi m.doc Page 5 of 44
Right-of-Way Encroachment Guidelines
IV. General Guidelines for all Encroachments
A. Design Guidelines
The following information has been assembled to aid in locating and choosing Functional Items
in the public and private-public areas that lie between the street curb and either the front face of
buildings or the front property line of abutting parcels, which ever is closer to the curb.
The Ashland Street Standards and the She Design and Use Standards publications provide
guidance in laying out whole streets, blocks, corridors, and districts. Specific information about
street trees and street lighting is provided. Functional Items should be considered secondary to
street lights, utility poles, street trees, and tree grating. Street tree and lighting placement define
the major rhythm of design elements along the street, and functional items should be placed in
relation to the trees and lighting, after the best locations for these objects have been located.
Additional guidance for furnishing layout at transit stops is available from RVTD.
All functional items must be accessible per ADA guidelines and City regulations, including the
2002 Americans with Disabilities ActAccessibilitvGuidelines or Buildings and Facilities
(ADAAG), as well as 2005 revised access Board Draft Guidelines, and in general the following:
1. Functional items must maintain the minimum 4 foot ADA required clear accessible
route, and should leave the minimum through widths described in Section 4 of the
ADAAG.
2. Objects mounted on walls or posts with leading edges above the standard sweep of
canes (27 inches) and below the standard head room clearance (80 inches) should be
limited to a 4 inch maximum protrusion.(e.g. hanging planters)
3. No sidewalk element may interfere with pedestrian access to the entrance of any
building; this includes the path of travel and disabled access requirements of ADA and
Title 24. This includes all paths of travel or exiting. No functional items may be located
below a fire escape or over a utility valve or utility box.
4. Wherever possible, functional items should be of a contrasting color to the sidewalk
so as to aid pedestrians with visual impairments.
5. Functional items should leave a minimum 8' of clearance adjacent to disabled parking
and passenger loading zones.
B. Placement, Clearance, and Spacing Standards
1. The minimum clearance between permit area boundary and fixture or structure is 8 feet where
sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than 11 feet wide. The Public
Works Director may require more clearance if necessary for public safety and ADA Access.
2. Except as specified on the DSUM, no object shall be placed within
a) Six feet (6') of outer edge of any roadway
b) Two feet (2) from face of curb for publication boxes
c) Ten feet (10') of any crosswalk
d) Fifteen feet (15') of an intersection (add to ORD. 2990)
e) Six feet (6') of any fire hydrant or other emergency facility
G:1pub-w 1m\cng\09-25 ROW Encroachment OrM EnSM09-I0-14vrOW Guidetim.doc Page 6of44
Right-of-Way Encroachment Guidelines
f) Ten feet (10') of any driveway or alley entrance
g) Three feet (3') from bike rack
h) The designated footprint of a bus stop.
3. Placement of functional items should consider car overhangs and door swing. When placed
near the curb, Functional Items should be located at the edges of the delineated on-street pairing
stalls rather than at the center whereverpossible.
C Materials and Construeti'on Standards
Functional Items shall be constructed of durable, high quality materials that can resist the
maximum physical forces (design loads) imposed on them without losing functionality or
endangering the safety of the public. Evidence of adequate structural strength and conformance
with other applicable requirements must be demonstrated before an encroachment permit can be
issued. Manufacturers of site furnishings can normally provide specifications for then products
that confirm their structural adequacy. Custom designs may require written confirmation by a
licensed design professional, upon request by the Public Works Department.
Two Standard Colors (Black and Evergreen per Timberform's standard paint palette) are
strongly encouraged for the metallic components, except where there is a specialized streetscape
pattern or palette with a particular design scheme.
1. All temporary objects or shall be structures weatherproof and sturdy construction (i.e. solid
wood, iron, non corrosive metal, cement, or similar material). In addition, the following applies:
a) No plastic.
b) No object shall be chained bolted to each other or to the surface
c) Objects must be movable by one person
d) All objects that fall under the category of signs in City Ord. 18.96.040 must meet the
requirements of that chapter, regardless of their location (private property vs. public
right of way).
e) Objects shall be labeled with nameladdress/phone number of the owner
f) Objects must be clean and in good repair
g) Objects must maintain a weather proof or weather resistant quality
h) Objects shall be self supporting under a wind load of at least 20 pounds/square foot
and be structurally stable as defied for structures in the current structural building
code. Evidence of the item's structural integrity may be required, and may consist of
stamped calculations by an Architect or Engineer licensed in the state of Oregon or
other verifiable evidence of the safety of the item's design and construction.
i) These requirements for Sidewalk Caf5s, functional items and publications boxes
apply to items placed in C-1-D, C-1, E-1 zoning designations only.
2. The Property Owner of the adjacent building must consent to placement. (See permit form)
3. Submit a Signed Permit and comply with all required conditions of the permit.
4. Furnish and maintain personal injury, property damage and general liability insurance in the
amount of $1,000,000 (municipal tort liability under Oregon Tort Claims). List City as
"tional insured. Insurance cannot be canceled without 30 days written notice.
5. Submit the following information for issuance ofa permit:
GApub-wrkakng109-25 ROW Enaoactunent 0rd18_EnSQD09-10.141R0W Guidelim.doc Page 7 of 44
Right-of- Way Encroachment Guidelines
6. Pay appropriate fee based on square footage (50 sq ft minimum)
7. Submit diagram with dimensions and the locations and description of all structures, materials
and activities shown as well as any preexisting nearby obstructions (see example).
D. Maintenance and Safety Standards - See AppendxAfor an Operaion and
Mairdenance Plan example.
E. ProceduresforAbatement/Removal
Permit Conditions
• Permit card must be prominently displayed
• ROW Encroachment Permits expire December 31" of year permit applied for
• Permits are not transferable
• Permit can be temporarily suspended for the good of the City upon 48 hour notice; the
City assumes no responsibility for loss, but permit costs shall be prorated and refunded
• Permits are limited to the area shown on approved site plan
• Any functional items not used for 72 hours must be removed
• Food service and liquor licenses must be obtained prior to issuance of permit
• Permits must comply with City sign regulations
• No smoking is allowed in utilized sidewalk area
• All required supervision is the responsibility of the Parnittee or employees
Revocation of Permit
Denial, Revocation or Suspension:
• Permit is null and void if not paid within 3 working days of due date
• Permittee has 30 days to appeal in writing; City Administrator renders final decision
Violations:
• If functional items or sidewalk cife f imiture is placed without a permit, violators are
subject to a Class C Misdemeanor (AMC 1.08) and a one year penalty.
• Violations associated with not paying city fees (business license, food and beverage tax,
transient occupancy tax, etc) is considered a Class A violation.
• If cited then permit is revoked and cannot be reinstated for two years.
• City can abate serious risks to persons or property. Owner/operator is responsible for
any/all costs associated with an abatement.
F. Penalties
Any violation of this chapter shall be an infraction as defined by AMC 1.08.020.md punishable by a fine
as set forth in that soction The City Administrator or dcsignrx is authorized to issue a citation to any
person violating the provisions of this chapter. After two infractions, the sidewalk cafe permit shall be
revoked for a period of at least one year.
G:\pub-wrks\engW9-25 ROW Encroachment 0rd\B_Eng\2009-10-14\R0W GuideliWms.doc Page 8 of 44
Right-of- Way Encroachment Guidelines
II.Item-Specific Guidelines
G:Npub-wrka\eng\m-25 ROW Encroachment om\e Eng\2 MI O-14XROW Gaidehm.doc Page 9 of 44
Right-of- Way Encroachment Guidelines
Sidewalk Cafds
Purpose
The purpose of this chapter is to permit sidewalk dining that is compatible with other uses ofthe
public sidewalk. The City fords that sidewalk cafes encourage a pedestrian-oriented
environment, help to create a visually attractive atmosphere and streetscape, and promote overall
commerce.
Background
A Private commercial use of public sidewalks for the purpose of operating a sidewalk cafe it
the City is prohibited unless a permit is obtained from the Public Works Department. The annual
permit fees shall be established by resolution of the City Council and adjusted annually by the
CPI for the previous calendar year. Permits expire December 31st'
B. There are no variances or exceptions allowed to this ordinance.
C. The marimum occupancy of the outdoor licensed premises shall be determined by the
Building Code and shall be posted per the Code. Generally speaking, the Code limits the
occupancy to I occupant per 15 squarefeet If, for example, the dimensions of an outdoor
licensed premise is 30feet wide and 15 feel deep, the maximum occupancy would be:
30 feel x l5 feet = 450 squarefeet
450 squarefeet / 15 square feet per occupant = 30 occupants
D. The Public Works Director shall forward all applications for review by the Fire Marshall,
Building Official, Director of Community Development and the City Recorder (if alcohol will be
serviced.) The Director shall determine the zoning of the request, and determine whether the
proposed use is it conformance with the requirements of the Land Use Ordinance.
Requirements
In determining the proposed layout for your sidewalk cafe or functional item, consider all
existing sidewalk obstructions such as sign and signal poles, bike racks (leave room for the bikes
in your measurements), bus zones, fire hydrants, existing sidewalk furniture, street trees, tree
wells, phone booths, mail boxes, newspaper racks, etc.
The Public Works will review the application for compliance with the following criteria:
1. Sidewalk CafBs can be placed in C-1-D. C-1, E-I zoning designations only.
2. The Property Owner of the adjacent budding must consent to the placement. (See permit
form)
3. The minimum clearance between permit area boundary and fixture or structure is 8 feet
where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than 11 feet wide.
Public Works Director may require more clearance if necessary for public safety.
4. Except as specified on the Downtown Sidewalk Usage Map (DSUM), no object shall be
placed:
a. within 6' of outer edge of any roadway (24" for publication boxes)
G:1pub-wrksla*09-25 ROW EnaoadU=t Ordd3 Eng12009-10-14WOW Guideh=.doc Page 10 of 44
Right-of-Way Encroachment Guidelines
b. within 10' of any crosswalk
c. within 15' of an intersection
d. within 6' of any fire hydrant or other emergency facility
e. within 10' of any driveway or alley entrance
f. within 3' from bike rack.
g. within footprint of bus stop
5. Sign the "Release, Hold Harmless and Indemnity Agreement".
6. Furnish and maintain such public liability, food products liability, liquor liability and
property damages insurance as will protect Permittee and City from all claims for damage
to property or bodily injury, including death, which may arise from operations under the
permit or in connection therewith. Such insurance shall provide coverage of not less than
the amount of ($1,000,000't) municipal tort liability under the Oregon Tort Claims Act.
Such insurance shall be without prejudice to coverage otherwise existing, and shall name
the City, its officers and employees, as additional insureds, and shall further provide that
the policy shall not terminate or be canceled prior to the expiration of the permit without
30 days written notice to the City.
7. Submit the following information for issuance of a permit:
• Complete and sign application form (including sign hold harmless agreement)-
* Pay appropriate fee based on square footage (50 sq R minimum)
• Submit diagram with dimensions and the locations and description of all structures,
materials and activities shown (see example).
• Submit Certificate of Insurance and Endorsement Form
Permit Terms & Conditions (partial summary)
• Permit card must be prominently displayed.
• . ROW Encroachment Permits terminate December 3 of year permit applied for. The
Public Works Director may approve, approve with additional conditions, or deny the
request for renewal. An annual permit fee based on the square footage is due at the
time on renewal.
• The permit issued shall be personal to the Permittee only is not transferable in any
way.
• Permit can be temporarily suspended for the good of the City (use of right-of-way for
a public event, construction, repair, or any other purpose) upon 48 hour notice; the
City assumes no responsibility for loss, but permit costs shall be prorated and
refunded.
• Permits is specifically limited to the area approved or as modified by the Public
Works Director. And will include a scaled diagram indicating the area approved for
the sidewalk cafe and the location of the tables and materials'permitted to be in the
right of way.
• The sidewalk and all things placed there shall at all times be maintained in a clean
and orderly condition. Only those things authorized by the permit and shown on the
diagram may be stored in the public right- of-way when the sidewalk cafe is not in
operation. Should the Permittee not utilize the sidewalk as authorized for a period of
48 hours or more, all the tables and materials shall be removed therefrom
• the operation of a sidewalk cafe required that trash containers be provided on site.
• All required building modifications or parking improvements shall be competed prior
to the commencement of the operation of the sidewalk cafe.
G.*ib-wrksWie09.25 ROW Encroachment 0rdW_EReX09.10O141R0W Guideli es.doo Page I I of 44
PPPrP' Right-of--Way Encroachment Guidelines
• No signs shall be attached to any furniture, umbrellas, awnings, or other structure
related to the operation of the sidewalk cafe.
• Tables and chairs shall be weatherproof and sturdy construction (solid wood, iron,
non-corrosive metal, cement or similar material - no plastic allowed)
• Any functional items not used for 72 hours must be removed
• Food service and liquor licenses must be obtained prior to issuance of permit
• Permits must comply with City sign regulations
• No smoking is allowed in utilized sidewalk area
• All required supervision of the sidewalk cafe i5 the responsibility of the Pemtittee or
employees
Maintenance
1. Outdoor premises shall be kept broom clean at all times; planters must be kept clean of debris
and dead plant life; painted improvements on public right-of-ways must be kept freshly painted
and free from nut.
2. Materials for sidewalk cafes can be left out year round per the discretion of the business
owner(s). Materials for the sidewalk cafe must be in compliance with the maintenance section .
requirements at all times.
3. The owner of the sidewalk cafe is responsible to maintain the property during all seasons,
including the removal of snow and ice.
4. To promote security, staff recommends that tables and chairs be taken inside every evening to
prevent theft and damage.
2. No object shall be chained bolted to each other or to the surface
3. Objects be movable by one person
4. Objects meet sign code
5. Objects shall be labeled with name/address/phone number of the owner
6. Objects must be clean and in good repair
7. Objects must maintain a weather proof or weather resistant quality
8. Objects shall be self supporting under a wind load of at least 20 pounds/square foot
Wpub-wdk g\09-25 ROW E=oechmern 0rdW_EngW09-10-141R0W Gaidelims.dm Pegs 12 of 44
Right-of-Way Encroachment Guidelines
Bicycle Racks
Purpose
Bicycle racks are an important element.of the streetscape, both as an aesthetic aspect of the
streetscape and as a functional element for those who travel by bike. Bicycle racks are also
opportunities for distinctive design and public an objects. Where part of a special maintenance or
public art program, uniquely designed, yet functional bicycle racks may be submitted for
approvaL.
Requirements
See standard detail CD173. See City Ord. 18.92 for placement of bike racks on private property.
Location
Bicycle racks should be located according to the following guidelines:
1. Placement and spacing of bicycle racks should consider dimensions when occupied
2. Bicycle rack placement should be frequent in active commercial districts.
3. Racks should be provided near major destinations such as schools, libraries, transit
stops, major shopping and service destinations, and other locations with high pedestrian
traffic
4. Racks should not be placed a accessibility (blue paint) zones.
5. A rack should not be located closer to the curb than (24') two feet. Three feet from the
curb is ideal, although in certain circumstances, the distance may be greater.
6. Bicycle racks should not be located directly in front ofa store/budding entrance or
exit or in a driveway.
7. There must be at least 3 feet of clearance between bicycles parked at racks and any
other street furniture, with the exception of other bike racks, which should be placed a
minimum of every 3 feet on center.
8. Street utility vaults must have a 12 inch clearance from a bicycle parked at a rack
9. An aisle for bicycle maneuvering shall be provided and maintained between each row
of bicycle parking. Bicycle parking shall be designed in accord with the illustrations used
for the implementation of this chapter.
10. Each required bicycle parking space shall be accessible without moving another
bicycle.
11. Areas set aside for required bicycle parking shall be clearly marked and reserved for
bicycle parking only.
12. Bicycle parking shall be located to minimize the possibility of accidental damage to
either bicycles or racks. Where needed, barriers shall be installed.
13. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be
located so as to violate vision clearance standards. Bicycle parking facilities should be '
harmonious with their environment both in color and design. Facilities should be
incorporated whenever possible into building design or street furniture.
GApub-wrkalen8%W25 ROW Enaoacmimrt OrM_EneaOO9-10-14\ROW Guidebms.dce Page 13 of 44
Right-of-Way Encroachment Guidelines
Planters
Purpose
The purpose of this section is to provide for consistent application of design guidelines for
planters in the public right-of-way. Planters are a desirable element as they can be decorative
and can add an element of beauty and identity to individual shops and street comers. For the
purpose of these guidelines, temporary planters are distinguished from permanent planters by the
function of movability and structure.
Background
At the time these guidelines were created, temporary planters in the City did not have consistent
requirements for structure, weight, or placement. Planters were considered a tripping hazard and
were typically not well maintained.
Requirements
See standard Detail CD175.
Required height: Temporary planters will have a height of not less than eighteen inches and not
more than 54 inches.
Required weight: Temporary planters will have a minimum gross weight of fifty (50) pounds,
but once full of material, the weight will not be such that sidewalk damage will occur.
Required Placement: Temporary planters may be placed flush against a building. Structure and
plard material must allow a six-foot clearance for pedestrians.
Required plant materials: Temporary planters should be well maintained.
Required structure: Temporary plarders should be able to withstand gusting winds and attempts
to kick them over.
G:\pub-wrlm\zn -25 ROW Encroachment 0rdlB_Eng12009-10.14Ui0W Goidelines.doc Page 14 of 44
Right-of-Way Encroachment Guidelines
Benches
Purpose
The purpose of this section is to provide for consistent application of design guidelines for
benches in the public right-of-way. Benches are a desirable element, as they can be decorative,
and they can be functional sculptural pieces. The provision of public seating is encouraged in
appropriate locations in the public right-of-way. Public seating is an important element in
furnishing outdoor rooms. Plazas, squares, and wide sidewalks are all intended for pedestrian
use and should be furnished in a manner that promotes that use. Benches can combine with
planters and other elements of street furniture. Coordinated street furniture is encouraged.
R e q u I r e m e n t a:
See standard detail CD177.
Bench structure: A bench should have a sitting area of about thirty six (36) inches and a backrest
that extends at least twenty four (24) inches above the sitting area. A backrest is not a required
feature. A bench should have an armrest, although an armrest is not a required feature. A bench,
or a planned sitting area, should be about seventeen (17) inches off the ground.
Implementation: The City standard benches have been chosen by the Public Works Director.
These bench styles are chosen to deter vandalism, such as abuse by skateboarders or roller
bladers. The Public Works Department will coordinate with those seeking to place benches
inside C-1-D Zone to locate the benches in suitable locations. Benches can be placed against the
face of a building. Placement of benches must allow for both adequate legroom and pedestrian
clearance.
Public seating requires particular attention to pedestrian traffic flow in order to design a
comfortable, useable, and active public environment where people can rest, socialize, read, or
simply watch.
Location
Seating arrangements should be located and configured according to the following guidelines:
1. Seating should be located under trees where possible to provide shade and comfort
and to integrate multiple objects.
2. Informal seating (low walls, etc.) can also be incorporated into other objects in the
right of way, such as at planter edges. Where space allows, benches can be built into
planters.
G:1pub-wrloleng\09.25 ROW Enaaechmeld OrdkB_ErLeMOlLlo-14vtOW Guidehi .dm Paga 15 of"
Right-of- Way Encroachment Guidelines
3. Where seating is oriented parallel to the curb, it should face toward buildings when
located in the Functional Items zone, or away from buildings when located in the
frontage zone.
4. Seating should be provided on curb extensions in an organization that is grouped to
create social spaces.
5. Seating incorporated into building form, such as seat-walls, is an ahemative to free-
standing benches, and should be encouraged as a strategy to activate the front of larger
developments as part of the streetacape.
Given the visual character and amenities in Ashland and the areas around it, there are many
scenic locations where varying from some of these guidelines may be appropriate in order to take
full advantage of a street's setting.
Design
Design of seating should complement and visually reinforce design of other streetscape objects.
At least one public bench in a group must be ADA accessible. See Section 4.37 of the ADAAG.
Seating should be designed as an integrated part of other streetscape objects where possible,
including:
Integrated seat walls in pedestrian refuges
Seat walls and benches around trees and landscaping
Part of public art and gateway monuments
G:*L*b w ka\mng\0945 ROW Enaoa hnrjd Ord\B_Eng\2009-10-14\ROW Ouidetmc.dm Page 16 of44
Right-of-Way Encroachment Guidelines
Publication Racks (Newspaper Stands)
Purpose
The purpose of this section is to provide guidelines for consistent application of newspaper
stands. Newspaper stands are an element of street furniture that can change rapidly. There are
currently more than twenty daily, weekly, and monthly publications in the City of Ashland. All
need distribution space. Some are free and are distributed off of shop counters. Some
publications are for sale and need a distribution source where money can be exchanged for the
product. These guidelines provide codification for the design of structures to promote consistent
standards for newspaper distribution structures in the public right-of-way.
Background
Private companies are prohibited ftom chaining, locking, or attaching in any way a newspaper
box or stand in the public right-0f--way in the Downtown area. To prevent theft of newspaper
boxes and reduce clutter, it is desirable to assemble them in designated areas in coordinated
MUNRs that can be bolted to the sidewalk by the City of Ashland. Reducing the amount of
clutter in the public right-of-way works to promote public safety, clear passages, and simplify
sidewalk maintenance.
Requirements
See standard detail number CD179 for the draft MUNR. Should a company desire to secure a
newspaper rack, box, or stand in the public right-of-way in the areas within the Downtown,
Public Works promotes the use of MUNR. The units must be expandable. The Public Works
Director must approve the design. The design of MUNR should prevent abuse, damage, and
attempt at vandalism. The Public Works Department is responsible for the installation of
MUNR. The City will designate locations for MUNR in areas of good visibility and pedestrian
traffic. Should a newspaper distributor elect to be part of a MUNR, the newspaper distributor
will enter into a written agreement with the City to use the MUNR exclusively in all areas where
the units are provided
No MUNR shall be located in whole or in part on private property without the express written
consent of the property owner or the owner's representative, and in no case shall a MUNR be
located at any location so as to obstruct the vision clearance area at intersections or street and
driveway intersections, or so as to otherwise interfere with the clear and unobstructed vision and
cross view of motorists at street intersections, driveways, or alleys.
Interim Regulations for Publication Boxes
G:lpube7ksleaglll9-25 ROW l:naoo4unert(hdll]_1:nglZW)-10-14UtOw (iaiduhnes.dou Ynge 17 of 44
Right-of-Way Encroachment Guidelines
• Boxes will be placed in locations as shown on DSUM. (Boxes shall be placed in
groupings no greater than 12 lineal feet and 200 feet from nearest grouping.)
• Shall not be placed closer than 24' from the curb face
• Shall not exceed 5' in height, 30" in width, 2' thick
• Shall have a system in place to prevent spilling
• Shall be projected from weather
• Fronted with clear glass or plastic window
• Interim (privadely-owned boxes will be phased out by 7/1/12)
Considered "City Functional items" therefore provided by the City of Ashland
G:Vpub-wrkskn¢\09-25 ROW Encroachment Or"_EneZO9-I0-I4\ROW Guidetirm.doc Page 18 of 44
Right-of-Way Encroachment Guidelines
Bollards
r
Bollards are primarily a safety element to separate pedestrians or streetscape objects from
vehicles or hazards such as out-swinging doors. Attractively designed bollards add color and
interest to streetscapes, help define pedestrian spaces, and provide a spot to lean on or rest at.
Requirements
See Detail CD181 for Downtown Area Rights of Way.
See Detail CD182 for Bike Paths and locations with heavy bicycle traffic.
See Details CD141 for locations that require periodic access by vehicles for maintenance, or
where bollards are used for closing a street or parking space temporarily.
See Details CD140 for other locations.
Location
Bollards should be located according to the following guidelines:
1. Bollards should be used at sidewalk locations where vehicles attempting to park are
damaging sidewalk structures, trees or plantings (e.g. property, especially on alleyways).
2. Bollards should be considered for installation on median islands, curb extensions (but
not on the boarding side of transit loading islands or extensions), and midblock curb
extensions, where there is a risk of danger to pedestrians due to proximity to travel lanes.
3. Bollards can also be used in special locations, including pedestrian-oriented spaces
such as pedestrian pathways, to designate unique spaces.
4. Lighted bollards can create a special pedestrian environment, and may be particularly
useful to provide additional pedestrian lighting in median refuges.
5. Removable bollards should be placed at entrances to streets that are closed to vehicles
for pedestrian use, to alert drivers to the changed nature of the street. Similarly,
removable bollards can define the outside edge offlexible parking spaces (see Section
5.6) where the space has been converted to pedestrian use.
6. Bollards should be placed 18-inches (or 24 from the back of the curb. If there is no
parking in the bollard placement area, the bollard may be installed immediately adjacent
to the back of the curb.
Standard bollard spacing is approximately 10 feet on center, but may need to be reduced where
there is a need to block vehicular traffic. Spacing should vary to sync with the rhythm of lighting
fixtures, trees and landscaping, or other objects in the streetscape.
0Apub-w 1m\eng109-25 ROW Enamchnwt Ord16_Eng\2009.10.1AROW OuidaH m.doc Page 19 of 44
APPENDIX A
Appendix A:
Standard Specifications
And Details
G:\pubwrkslcng109.25 ROW Enaowhment Ord1B_Eng)2009-10-141ROW Gmdelvus.doe Page 20
APPENDIX A
STANDARD SPECIFICATION SECTION 01095 - FUNCTIONAL ITEMS ("Site Furnishings")
Description
01095.00 Scope - This work consists of constructing items such as listed below and other
Functional Items as shown or directed.
Materials
01095.10 General: -Conform with following standard details in accordance with the most
current version of the Ashland Engineering Design Standards for Public Improvements, as well
as these Special Provisions for Functional Items:
DETAIL ITEM Preferred Alternate
CD171 Pedestrian Clearances Maximize Pedestrian Area See "Downtown Sidewalk
availablewhilemaintaining .Usage..Map'_forexceptions
minimum clearances
CD172 Sidewalk Cafes Annually permitted Not permitted in other
by Public Works Dept. Zones.
In zones C-1 C-D-1 & E-1
CD173 Bicycle Racks Hitching Post, Bike Rack Submit on-street designs
Purchase from City to Engineering for
541-552-2290 pre-approval
CD174 Trash Receptacles Timberfonn "Plaza" Victor Stanley "H-Series"
Model # 2770-DT-P Model U-24
.
800-547-1940 800-368-2573
CD175 ...................Planters.............................. . ....._Timberform "Craftsman°..........._Eagle_ One °Catalina"........
Model # 2669-05 Model N 0505
800-547-1940 1-800-448-3160
CD176 Tree Grates Neenah Foundaries Poly-Grate U
_1
Model # R-8707390 Model # TSB55
800-558.5075 800 523-6899
CD177 Benches, „ .Timberform "Restoration' Victor Stanley "Classic'
.
Model # 2118-6 Model # C-138
800-547-1940 800-368-2573
CD178 Publication Racks Shorack Modular Rack Shorack Broadsheet
Model #49-16/100 Model TK-80
800-527-1134 800-527-1134
CD181 Bollards Trystan "Park Avenue" CD182 at bike paths
. www.trystanprocucts.com CD141 temporaryclosures
877-348-5845 CD140 elsewhere
CD183 Bus Shelters Ha.ndi Hut "Yosemite' Engineered Structure to
Model_ # 4-2H match structure at
800-603-6635 132 Ashland St.
CD1.84 Water..Fountains
. Murdock..
. ".Old Style . Murdock.......... . .
.
.
.
.
.
.
.
Model # M-C76-1- AVAF Model # C-30
800-591-9880 800-591-9880
Construction
01095.40 General - Install all functional items as indicated as follows and in full accordance
with the manufacturers installation procedures, recommendations, and requirements.
G:\pub-wrks\engN09-25 ROW Encroachment 0rd18_Eng12009-]0-14\R0W Guidelines.doc Page 21
M SHADING INDICATES ITEMS THAT APPENDIX A
a REQUIRE AN ANNUAL ENCROACHMENT
„ PERMIT UNLESS DONATED TO AND
n ACCEPTED BY THE CITY.
a
o - - DASHED LINES
3 INDICATE EDGES OF
8 PEDESTRIAN
CROSSWALK - CLEARANCE AREA.
2 PLACE BOLLARDS r I THE MINIMUM WIDTH
TO PROTECT I W ("W) SHALL BE
PEDESTRIANS- I 6' IF SIDEWALK IS
6
SEE DETAIL C0181 1 I' OR LESS, 8' IF
e TREE GRATES MAY SIDEWALK IS MORE
$
o PROTRUDE INTO THAN 1 1' WIDE
PEDESTRIAN ALL FUNCTIONAL ITEMS
CLEARANCE AREA IF MUST BE AT LEAST
FLUSH WITH 15' AWAY FROM
o SIDEWALK. ( INTERSECTIONS AND
E UNGRATED TREE 10' AWAY FROM
WELLS AND RAISED CROSSWALKS, ALLEYS,
GRATING MAY NOT - I & DRIVEWAYS.
w SEE DETAIL CD 176 (EXCEPTIONS:
ALL FUNCTIONAL W BOLLARDS, WATER
ITEMS SHALL FOUNTAINS, AND
$ REMAIN AT STREETLIGHTS)
LEAST 2' MOVEABLE PLANTERS
FROM FACE OF ON THE GROUND
3 CURB AND 6' \ MAY NOT ENCROACH
FROM ROADWAY INTO INTO PEDESTRIAN.
~~rv
PUBLICATION CLEARANCE ZONE
RACKS SHALL SEATING SHALL
BE GROUPED IN W MAINTAIN 1.0'
MODULAR UNITS LEGROOM -SEE
PER DETAIL CD178 DETAIL CD177
MAINTAIN 3' TRASH RECEPTACLES
CLEARANCE SHALL BE PER
AROUND BIKE I1 / DETAIL CD 174
RACKS - SEE.
DETAIL CO 173
W BUILDING CORNER
MAINTAIN 6" HANGING PLANTERS
CLEARANCE MAY PROJECT 4'
AROUND INTO ' CLEARANCE
HYDRANTS & ZONE IF AT LEAST
EMERGENCY " 27" ABOVE GROUND
FACILITIES _ -SEE DETAIL CD175
PEDESTRIAN
CLEARANCE AREA
CITY OF Rx PUBLIC WORKS ENGINEERING ow..c'o :
ASHLAND "r.osNand.onus 541-488-5587 tax 488-6006 CD171or
I
s APPENDIX A
SEE DETAIL
CD171 FOR
ADDITIONAC
INFORMATION
X1 3
8 Y1///////; -LL w.. M
I A~-L ,I 'V'~-BUILDING CORNER
W I • L L'' DIAGONAL HATCH
INDICATES NO CAFE
6 W OPERATIONS INSIDE
• L THE CORNER VISION
_ L CLEARANCE AREA
DASHED LINE
3 L 3 INDICATES
PEDESTRIAN
i i -j CLEARANCE AREA.
&
W j~~--'}L- MINIMUM WIDTH
-
>r N L L 1-71L L L- ("w) SHALL BE
p LL L L L: ~ z 6' IF SIDEWALK 1S
I-LL L L L: w M¢ 1 1' OR LESS, 8• IF
5 7 L L L L L: o LW SIDEWALK IS MORE
/ LLLLL: m0" THAN 11• WIDE
LL -.LL
2.00' HATCH WITH DOTTED
I L ; EDGE INDICATES
SIDEWALK CAFE
L p
fl-
PERMITTED AREA
L
=(X 1 +Y7)+(X2*Y2)
L +(X3+Y3)+.....
-L X3= AVERAGE
a L L DEPTH AT
\ \ ` DIAGONAL
Y \ TRANSITIONS
ui
-
I N
I m SIDEWALK CAFE
w EXAMPLE PLAN
'Cy CITY OF PUBLIC WORKS ENGINEERING "M`
OF
ASHLAND am www.ashlondonus 511-466-5567 fax 4W-6006 CD172
APPENDIX A
PRE-APPROVED MODELS : City of
Ashland Hitching Post Type
2,50'- Finish: Sandblast to Sore Metal,
a Powder Coat Forest Green.
8 518".ASTM, A36
1 112" 0 ASTM Steel Plate
A 120.
1 1/2" 0 STD.
Grade B" Steel eel ,
Pipe with 3.5 Steel Pipe
Q Inside Radius
1/4"
Option 1 at
N concrete N N
T (sidewalks): Weld 314" 0 Hole For
mr Base Plate and %D 112" 0 Red Head
o bolt down. HN-5830 Hexnut
Option 2 of Sleeve Anchor,
13. Or Approved Equal
asphalt: Omit
base Plate and
w I I em a min 11 -
_
F 1 1 into 6" Diam by r 1 1 _Base _Plate
r 1 r'I 15" Concrete Pier 1 11,11
Detail
r 1,.1 I•:11,,1
L.11 , 1:.11..1 0 0
6 I Elevation 1: I
r_ -1 1 =1
9 Plan View
6 BICYCLE RACK ,
REV 10/20/09
BIKE STENSIL
12" STRIPING ® ENDS EACH END
& OUTSIDE EDges
'
S 1S 15 5 2
in
6 CURB ST
n - EACH END
p . 0
In
ni
Locate Racks ® FACE OF CURB
8.5' 7.75' 4.25' On Center 1.75' 8.5'
ON-STREET MULTIPLE PARKING
REV 10/20/09
CITY of PUBLIC WORKS ENGINEERING
-ASHLAND •wwashland.or.us 541-486-5567 tax 486-6006 CD173
APPENDIX A
a
PRE-APPROVED MODELS.
(Evergreen or Black)
g Tmberform Plaza 2770-DT-
Pedestal mount by Timberform
or
6 BorcoProducts: RH-55
Pedestal mount by GC
m
Dome Lid (Powder-coot
S Evergreen colored): QaVI
e o n except at bus shefters
a ~ y
~ J
m Steel Frame:
g Powder-coot Forrest
Green
WOOD SLAT- Cedar or
dark stained (walnut)
recycled plastic slats
m t
y N
O
b ui ~ cc .
3 wp0
iz N
f
PEDESTAL MOUNT.
(Downtown Only)
io
APPROVED MODELS:
Timberform Plaza 2770-OT-P
Pedestal mount by l!mberform
or
Fits Std Barcoproducts: RH-55
Metal Trash Pedestal mount by GC
Can
LITTER RECEPTACLE
REV 04/02
ra
CITY of PUBLIC WORKS ENGINEERING DOW=
ASHLAND 5EA www.nshland.m.us 541-466-5sa7 fox 4ee-6006 CD174 F
s APPENDIX A
rv
P
O_
of
n
8 W AT
WALL aerorm BUILDING WALL AT
WIDENED SIDWALK
BEYOND - SEE
C0171
Q CEILING OR AWNING
Q
d
Wt'.
0 q_ I
O Z O
Z Y ,
• MOVEABLE PLANTERS
° ON THE GROUND
k4' MAY NOT ENCROACH
MAY NOT ENCROACH
. C,4
INTO PEDESTRIAN
CLEARANCE ZONE
HANGING PLANTERS
'MAY PROJECT 4"
INTO CLEARANCE
m ZONE IF AT LEAST
MOVABLE PLANTERS 27" ABOVE GROUND
-SEE DETAIL C0175
NOTES:
1) CLEAR ZONE AND THE CIRCULATION PATH MAY BE COMBINED PROVIDING
A 6 FOOT MINIMUM SIDEWALK WIDTH IS MAINTAINED.
2) DEFLECT SIDEWALK AROUND AREA OF OBSTRUCTION WHEN OVERHANGS
EXCEED ALLOWABLE LIMITS.
3) WHEN OBSTRUCTIONS ARE LOCATED WITHIN THE SIDEWALK AREA THE
DIMENSION APPLIES IN ALL DIRECTIONS.
4) EXCEPTIONS TO THE REQUIREMENTS IN THIS DRAWING MUST BE
APPROVED BY THE ENGINEER AND MUST COMPLY WITH AMERICANS WITH
DISABILITY ACT.'
CITY OF PUBLIC WORKS ENGINEERING 0r-
ASHLAND ®d® wwwasnlanaar.us 541-466-5587 tax 488-6006 CD175
APPENDIX A
0
Mellop" ....ALL SLOTS ARE 1/4" WIDE MAX.
DIMENSIONS A. 8, AND C TO BE DETERMINED
DESIGNER AND ARBORIST
AND APPROVED BY AGENCY
i
ii F i % ,
s TREE GRATE HALVES
BOLTED TOGETHER w/
IIIIVAI \st STNLS. STL. HEX. BOLT
AND HEX
SHERS NUT w/
WA
ry A=5'-0' MIN MATERIAL: CAST GRAY IRON
ASTM A-48, CLASS 358
b a N FINISH: NOT PAINTED
PRE-APPROVED MODELS
18" ~ Neenah R-8707390
s ~-1 3 r 3 I /2" L
e -
3/4"~~ 6 1/4" (2) BOLT LUGS
(2) GUARD LUGS REQ D PER 180' SECTION
TREE GRATE
CITY OF PUBLIC WORKS ENGINEERING °~'"`of
ASHLAND 10 w asnione.or.us 541-488-5987 fox 488-6006 CD176
APPENDIX A
z'-2 1/2'
a
SLAT
ar (TYP. -12)
8
1 1
SLAT (TYP. -2) 1 SUPPORT STRAP TO SLATS
r 14 110 X 1 1 "PAN ~D
8 HEAD SCREW W p
PLAN VIEW 2 FRAME TO SLATS 14 /10 X 1 9 112"
$ 1/4" PAN HEAD SCREW
2 FP
m CENTER SUPPORT STRAP FIELD GRILL /8" DIA. X I"
n., DEEP PILOT H E. END VIE
FRAME AME
E
1 STRETCHER PIPE TO FRAMES
B 2 3/8 "-16 X 318" SET "W°
3 SCREW (INSTALL PIPE WITH
GRADE SET SCREWS FACING
N DOWNWARD.)
d
0
c
STRETCHER 1/2" DIA. HOLE FOR
PIPE 5'-8 1/2' ANCHORING DEVICES (BY
OTHERS, TYP.-4)
s Installation Notes:
1. Before anchoring, assemble cost iron frames, slats, and stretcher pipe per
notes 2-5. Use assembled bench to locate anchors.
2. Install stretcher pipe so that the ends are flush with the frames.
3. Each slat should be positioned so that the best face is exposed when
assembled. Note that the backrest has two (2) visible faces. Therefore, those
slats having one blemished face should be installed on the seat portion of the
bench with the best face visible.
4. Attach slots to end frames after drilling pilot holes.
5. After slats are fastened to end frames, align all slats for uniform spacing
center support strap to back of slats. Remove shims after attaching strap.
In center area. We recommend the use of temporary shims as necessary.
Attach
6. PRE-APPROVED MODEL: Timberform 2118-6 (Evergreen or Block). Slots
Alaska Yellow Cedar. In the downtown area, all other models are subject to
approval through the public art approval process or the sign regulation process
in advance of approval by the public works director
BENCH
REV 07/02
CITY OF PUBLIC WORKS ENGINEERING of
ASHLAND FA& www.ashland.orus 54I-48-5M7 m, 4e-6006 CCD1M0. 77
a APPENDIX A
PRE-APPROVED MODEL : SHORACK
49-161100 (Evergreen or Block)
\ No Decals or signoge shall be
3 / on the top or sides
N
n
8
SS
8 r
O ~q m '
E
t
~g
E
(9
MODULAR PUBLICATION RACK
REV 6/18/09
CITY of ~4 PUBLIC WORKS ENGINEERING J~ ASHLAND www.ashlandar.us 541-466-5567 fox 466-6006 CD178
APPENDIX A
0
C
N
O
PRE APPROVED MODEL
m TRYSTAN "PARK AVENUE" DARK GREEN,
8 BLACK, OR OTHER BOLLARD APPROVED BY
PUBLIC WORKS DIRECTOR. BOLT DOWN
WITH (4) 0.25"X4" DIAMETER PLUS HOOK
ANCHOR BOLTS OR EXPANSION ANCHORS OF
7 EQUAL OR GREATER PULLOUT CAPACITY.
n
8 - iN THE DOWNTOWN AREA, ALL OTHER
MODELS ARE SUBJECT TO APPROVAL
b THROUGH THE PUBLIC ART APPROVAL '
PROCESS OR THE SIGN REGULATION
PROCESS IN ADVANCE OF APPROVAL BY
THE PUBLIC WORKS DIRECTOR
a
u5~ EXCEPTION: FLEXIBLE TOP MODEL SHOWN IN
m STANDARD DETAIL SDI82 FOR BIKE PATHS
o
BASE PLATE WIDTH IN ANY DIRECTION SHALL
o BE 12" MAX. THE VERTICAL PROJECTION
~t ABOVE THE BASE PLATE
p SHALL BE BETWEEN 4" do 12" IN ANY
4 DIRECTION
aW>
U
K
r FINISHED GRADE
d ~
o f
III lip
-III
- II I iI
(u M1
A 11I 4% e 11 UNDISTURBED EARTH
II~ ~Q -II CONCRETE TO BE COMMERCULL GRADE
CCONCRSET TI ON C) PER 0002 ODOT/OREGON
APINA CEPTION: BOLL00440
i-I I~ I I-III-III-I III I EX
ARD MAY BE BOLTED TO
-III III-III-III-III III- EXISTING CONCRETE WHERE ADEQUATE
STRUCTURAL CAPACITY CAN BE
DEMONSTRATED.
18' DIAM
DOWNTOWN BOLLARD DETAIL
CITY OF PUBLIC WORKS ENGINEERING
-ASHLAND VIVA ~01® washfdnd.ocus 541-488-5587 fox 4W-60M CD181 QF
RASE APPENDIX A
N
j•0 RHEWF b !Im N[. ilD W a N
~V a[M a BOIN pal G
r O
o
aom
NtlL 01
8 ~
0
N
M
I~
8 VTEV wtn a - r rnt l pp
uIDS W aouwm T
YIEY Bala ora
0
g 5'I.D.
WI BOLLARD CAP P BOLT 0.25'O.D.
m
DRILL AND ETAP
D)
Q X 28 (3 REED
EQUALLY SPACED q
%0
I FLEXIBLE
pA!p71GTO TRRAMC 5/8" 0 ROD
$ M D
o BEVEL END '
(D RILL MOLE
0.31'
V)
ALIGN NOTE PARALLEL TO
~ PATH CENTERLINE
101- CONCRETE
CL 3000
BIKE PATH FLEXIBLE BOLLARD
REV 04/02
CITY Or PUBLIC WORKS ENGINEERING oHa
-ASHLAND Mal wmash,and.or.88 341-488-5587 fox 488-60x6 ICDI820'
K
APPENDIX A
PRE-APPROVED MODEL : HANDIHUT
Historical Roof J4-2H (Black)
3
8
1 1/2'
2' 2' HOLE
1 2' 1 /
8 -f~10 AMP BREAKER BOX O
d WITH MOUNTING BRACKET 7/8'
ABOVE 8'0' HEIGHT HOLES
a 2' X 4' 48 WATT FLOUR. MATCH STD
o, LIGHT WITH SEISMIC BRACING VERT LEG 6
w _ BY SHELTER SUPPLIER HOLE PATTERN
0 5' Out/Out Verify 1/2' ALUM PL
o with Shelter Supplier
CUSTOM ANCHOR
5' X 10' PREFAB ALUMINUM FLANGE DETAIL
B VJi BUS SHELTER (HANDI-HUT
YOSEMITE 4-2 WITH HISTORICA
t- (2) 1/2' X 4 1/2'
3 ROOF (80D-603-6635X212)
U HILTI KWIK BOLT II
O %F[IR 1-KD CLEAR BULL-NOSED w/ WASHERS t
p ~ EDAR 4 X 4 PREDRILLED w/g4 HOOK AT EACH
CORNER THUS:
$ U ~.l 1/2' CARRIAGE BOLTS 15'
' /SIKKENS 3-CUAT FINISH
zm 15'-
i x_
FULL DEPTH
SLOPE 1% -EXPANSION JOINT
ALL SIDES
1 1/2' ELECTRICAL CONDUIT
ADDITIONAL 1 1/2" EMPTY CONDUIT
6' SLAB W/ #4 @ 12' OC EW @ MID-DEPTH OVER
2' SAND LEVELING COARSE OVER
MIN 4' OF 3/4' MINUS CRUSHED ROCK OVER
FIRM DRY NON-EXPANSIVE NATIVE SOIL.
COMPACT SOIL 6 ROCK TO 95%
BUS STOP SHELTER FOOTING
'vv S/W
CITY OF PUBLIC WORKS ENGINEERING 171'a83OF
-ASHLAND ILA rww.ashlmld.or.us 541-488-5587 fax 4W-6006
APPENDIX B
Appendix B:
Encroachment Permit
Application Form Packet
G1vubwks)enaYU9-25 ROW Encroachment OMB Eno12009-70.141ROW Gubdoes.doc Porn 23 of 44
APPENDIX B
COMMERCIAL ROW ENCROACHMENT
Permit Application Fonn Packet
F ~ -
i~
I.
r
Table Of Contents
What Is A Downtown Right Of Way Encroachment?
Sidewalk Width Requirement
Things To Consider
Publication Boxes
General Requirements
Conditions Of Permit
Important Definitions
Revocation Of Permit
ROW Encroachment Permit Application
Terms, Conditions, & Hold Harmless
Site Plan Form and Example Plan
General Liability Insurance Requirements
General Liability Insurance Endorsement Form
GAMAmvdm1wewiO9-25 ROW Encroachment OrdW EnoM09-10-MROW GuideOnes.doc Para 24 or44
APPENDIX B
WHAT IS A DOWNTOWN RIGHT OF WAY ENCROACHMENT?
In 2008 the Ashland Downtown Task Force made several important recommendations
to the City Council concerning the use of City sidewalks for commercial and other
purposes. As a result Ashland Municipal Code (AMC) 13.06 was repealed and Chapter
13.03 was adopted.
Chapter 13.03 Sidewalk CaM, Spedal Event and Publication Box Regulation (Effective
11/1/09)
This ordinance protects and promotes a safe environment on public sidewalks (public
right-of-way) within the C-1-D, C-1 and E-1 Zoning Districts. Placement of objects on
sidewalks (an encroachment) require adequate regulation to guarantee uninhibited
pedestrian access on sidewalk, sufficient access for passengers entering and exiting
parked vehicles, maintenance of utilities, and emergency service access.
Goals and Objectives of an Encroachment Policy
To ensure the public continues to have aesthetically pleasing views and safe
areas to walk and drive.
To protect and preserve the sidewalks, streets and open space.
To increase community awareness regarding encroachments and open
space use.
To promote a consistent policy of reducing and minimizing encroachments on
public right-of-way.
To establish a uniform application process and solution for all encroachment
on the public right-of-way.
Standard form templates and fees (application, square feet or gross sales rates)
including insurance and maintenance/hold harmless/indemnity agreements as well as
the "Downtown Sidewalk Usage Map° (DSUS) were adopted by City Council Resolution
on October , 2009.
SIDEWALK WIDTH REQUIREMENT
Minimum Clearance between the permit area boundary and fixture or structure: 8 feet
where sidewalk is more than 11 feet wide; 6 feet where sidewalk is less than 11 feet
wide. The Public Works Director has the authority to require more clearance if
necessary for public safety and ADA access.
THINGS TO CONSIDER
In determining the proposed layout for your sidewalk cafd or functional item, please
consider all existing sidewalk obstructions such as sign and signal poles, bike racks
(leave room for the bikes in your measurements), bus zones, fire hydrants, existing
sidewalk furniture, street trees, tree wells, phone booths, mail boxes, newspaper racks,
etc.
PUBLICATION BOXES (Newspaper stands)"
Publication boxes assigned by lottery
Any box empty for more than 30 days is deemed abandoned
GAoutrwrk51enaW9.25 ROW Encroachment OrM Ena120U8.16141R0W Guidekaes.doc Porn 25 of 44
APPENDIX B
Interim Regulations for Publication Boxes
• Boxes will be placed in locations as shown on DSUM. (Boxes shall be placed in
groupings no greater than 12 lineal feet and 200 feet from nearest grouping.)
• Shall not be placed closer than 24' from the curb face
• Shall not exceed 5' in height. 30" in width, 2' thick.
• Shall have a system in place to prevent spilling
• Shall be projected from weather
• Fronted with cleat glass or plastic window
Interim Requirements will be phased out by 7/1112
Considered "City Functional items" therefore provided by the City of Ashland
GENERAL REQUIREMENTS (No variances or exceptions allowed)
1. Sidewalk Cafts, functional items and publications boxes can be placed in C-1-D,
C-1, E-1 zoning designations only.
2. The Property Owner of the adjacent building must consent to placement. (See
permit form.)
3. The minimum clearance between permit area boundary and fixture or structure is
8 feet where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less
than 11 feet wide. Public Works Director may require more clearance if
necessary for public safety.
4. Except as specified on the DSUM, no object shall be placed:
a. within 6' of outer edge of any roadway (24" for publication boxes)
b. within 10' of any crosswalk
c. within 15' of an intersection
d. within 6' of any fire hydrant or other emergency facility
e. within 10' of any driveway or alley entrance
f. within 3' from bike rack
g. within footprint of bus stop
5. Furnish a signed "Release, Hold Harmless and Indemnity Agreement" (See
permit form).
6. Furnish and maintain personal injury, property damage and general liability
insurance in the amount of $1,000,000 (7) (municipal tort liability under Oregon
Tort Claims). List City as addi6ona/ insured. Insurance cannot be canceled
without 30 days written notice.
8. Submit the following information for issuance of a permit:
• Complete and sign application form (including sign hold harmless agreement)
• Pay appropriate fee based on square footage (50 sq ft minimum)
• Submit diagram with dimensions and the locations and description of all
structures, materials and activities shown (see example).
• Submit Certificate of Insurance and Endorsement Form
•
G:1cub-wrkMend0325 ROW Encroachment Ordk8 EndV009&10.14WOWGuidefine•.doe Paw 26 of 44
APPENDIX 8
9. Materials and Construction Standards (taken directly from Ordinance 2990)
All temporary structures weatherproof and sturdy construction (ie solid wood, iron, non
corrosive metal, cement, or similar material).
• No plastic.
• No object shall be chained bolted to each other or to the surface
• Objects be movable by one person
• Objects meet sign code
• Objects shall be labeled with name/address/phone number of the owner
• Objects must be dean and in good repair
• Objects must maintain a weather proof or weather resistant quality
• Objects shall be self supporting under a wind load of at least 20 poundslsquare foot
CONDITIONS OF PERMIT
• Permit card must be prominently displayed
• ROW Encroachment Permits expire December 31St of year permit applied for
• Permits are not transferable
• Permit can be temporarily suspended for the good of the City upon 48 hour
notice; the City assumes no responsibility for loss, but permit costs shall be
prorated and refunded
• Permits are limited to the area shown on approved site plan
• Any functional items not used for 72 hours must be removed
• Food service and liquor licenses must be obtained prior to issuance of permit
• Permits must comply with City sign regulations
• No smoking Is allowed in utilized sidewalk area
• All required supervision is the responsibility of the Pennittee or employees
IMPORTANT DEFINITIONS
"City functional items" include, but are not limited to, a City standard bench, water
fountain, planter box, garbage receptacle, ash can, bike rack, bollard, publication box,
or other functional items identified by Resolution of the City Council. The City Council
Resolution shall identify functional items and establish minimum standards for such
items. City-owned Items are not required to obtain a permit.
"Donated or Loaned Functional Items" An abutting property owner together with the
occupant may donate or loan to the City of Ashland a City standard functional item for
use in an adjacent sidewalk permit area. Other persons or entities may also donate, or
loan functional items for use in non adjacent public areas. Items accepted on loan
require insurance and a maintenance/hold harmlesslindemnity agreement in the
standard approved form. Donated items do not require insurance or a maintenance
agreement, but the donations must be accepted by the City to be eligible for placement.
The City Administrator is the delegated authority to accept or reject donations and loans
for purposes of this Chapter in the Administrator's sole discretion. After demonstrated
compliance with this section the City Public Works Director may authorize in writing the
placement of a donated or loaned city standard functional item in locations meeting at a
minimum the six foot or eight foot clearance requirement of AMC 10.64.010 or in
approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not
strictly complying with minimum standards for such City functional items, (e.g. a
G:%oub-wrkMzno)0325 ROW Encroachment OM1B Eno12009-10.14XROW Guidetine&doc Pam 21 d44
APPENDIX B
decorative art bench) may be permitted through the public art process in AMC Chapter
2.17. An accepted donated item can be placed without a permit and without required
insurance.
REVOCATION OF PERMIT
Denial, Revocation or Suspension:
• Permit is null and void if not paid within 3 working days of due date
• Permittee has 30 days to appeal in writing; City Administrator renders final
decision
Violations:
• If functional items or sidewalk caf8 furniture is placed without a permit, violators
are subject to a Class C Misdemeanor (AMC 1.08) and a one year penalty.
• Violations associated with not paying city fees (business license, food.and
beverage tax, transient occupancy tax, etc) is considered a Class A violation.
• If cited then permit is revoked and cannot be reinstated for two years.
• City can abate serious risks to persons or property. Owner/operator is
responsible for any/all costs associated with the abatement.
GloubwrkMzn•09.25 ROW Encmachmenl 0nW Eno12D85+1D141R0W Guidelines.dw Noe 28 of 44
CITY OF APPENDIX B
-,ASH LAN D
Application For.
12 Month Rental
Rate per Sq Ft $4.00
(50 Sq Ft Minimum)
ROW Encroachment Permit
Chapter 13.03 Sidewalk Card, Special Event erect Publication Box Regulation (Effective I IIIA)9) Pmtocis and
pronw(c a safe cnvitomncra within the public sidewalks in the C-1-D, C-1 and E-1 Districts The appliram must
submit [his application along with a scale diagram of the sidewalk permit area, with dimensions and the location and
descriplion of all s[ruc[mcs, materials and activities shown (sic example). In addition a ecnificatc of insumttce and
endorsement form must be provided AR permits cxpirc Dcoctnber 31` of the vtztr obtained.
Fm mareigibn raTiwretrll4&7-SJ47mvisitht6r/AnxnaJsfardrw:srf/Preeeayt?Navl1)ai_
Type of Permit: C Sidewalk Cafe D Functional Item"
O Publication Box
Property Owner Information Business Owner Information
Owner's Name Name
Mailing Address Mailing Address
Phone Number Office /Cell Phone Number
I hereby consent to the place functional Item in the rightofiuay
adjacent to my property:
Permit HoWerconsents to TeMS and CondMIM Including RELEASE/HOLD HARMLESS attached:
Applicant Name Applicant Signature Date
Site Information
Based on demonstrated compliance with the applicable cdteria In AMC Chapter 13.03, as reflected In the application matedals and
supporting documentation provided by the applicant and contained In the record maintained in the offices of the City of Ashland Public
Works Department, the application for oaupanq/use of the right-of-way is hereby approved, subject to compliance with all applicable
terms, conditions and limitations specified herein, attached standard terms and conditions as well as as applicable remarements of the City
of Ashland Municipal Code.
Date
Pudic Works Director or designee
Fire Marshall: Date: aldg Official: Date:
Comm Dev: Date: CityRecorder. Date:
Disclaimer. This Functional hem/ROW Encroachment Permit granted by the City shall not In any way be interpreted as a waiver,
modification, orgrant of any other city, state, county or federal agency permits or authorizations, including spedficalh applicable land use
DEPARMEW OF
wreuts
20 East t Man Man s t I=: 541488M
Pr
Ashlarq, Ciellon 9752a TTY 8067.1 MO
www.ashland.or.us
txbeb wrlrsleno'D9.25 ROW Esuoachmem Or" Ent:12009.1044WOW Guidefines.do0 Pepe 29 of 44
I
APPENDIX B
CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS
AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT
Proposals of Applicant: The permit holder/concessionaire agrees that occupancy/use shall be as proposed in the
application and as finally approved, including supporting documentation as entered into the record. All proposals
of the permit holder/concessionaire are conditions of approval for purposes of enforcement
Tenn: The term of this Permit shall commence upon approval by City and shag terminate as provided
on the face of the permit, unless terminated or revoked earlier as provided for herein. The City shall
have no obligation to hereafter grant any future permit or license. Regardless of the end of the term or
early termination, the obligations of the permit holder/concessionaire continue in full force and effect
until full payment of all financial obligations to the City, removal of items from the permit area and the
complete resolution and satisfaction of any claims.
Compliance with Law. Permit holder/concessionaire shall comply with all applicable federal, state and
city and county (local] laws, rules, and regulations, including specifically but not limited to, as applicably
City business license laws, food and beverage license laws, County applicable public health regulations,
OLCC regulations, and all such laws and regulations concerning nondiscrimination in employment and
provision of services, public health and safety regulations and the policies, ordinances, rules and
regulations of the City of Ashland and /or Ashland Parks and Recreation Commission in effect on date of
occupancy and use. Compliance with the Americans with Disabilities Act all applicable regulations and
administrative rules established pursuant to those laws, in the construction, remodeling maintenance and
operation of any structures and facilities, as applicable, and in the conduct of all programs, services,
training, educational or otherwise, shall be required
Responsibility for Compliance. Permit holder/concessionaire shall obtain all federal, state and local
permits, licenses and authorizations as necessary for the occupancy and use contemplated; Applicant
shall be solely responsible for obtaining all such approvals, permits, licenses, insurance, and
authorizations from the responsible Federal, State, County, and local authorities, or other entities,
necessary to use the property in the manner contemplated, including all authorizations necessary to
perform placement of personal property in the location and manner contemplated. All costs of
compliance and permitting are to be borne by permit holder/concessionaire and not the City. Further, it
is expressly agreed and understood that the City has no duty, responsibility or liability for requesting,
obtaining, ensuring, or verifying permit holder/concessionaire's compliance with the applicable state,
county and federal agency permit or approval requirements. Any permit or authorization granted by the
City, shall not in any way be interpreted as a waiver, modification, or grant of any other city, state,
county or federal agency permits or authorizations or permission to violate any city, state, county or
federal law or regulation. Permit holder/concessionaire shall be held strictly liable and responsible, and
shall hold the City, its officers, employees, and agents harmless for administrative, civil and criminal
penalties for any violation of federal state, county and city statutes or regulations. Nothing herein shall
be interpreted as restricting or limiting the City from bringing any criminal, civil or administrative
enforcement action under the Ashland Municipal Code or Oregon State Statute.
Land Use Approvals and Permits. Permit holder / concessionaire shall strictly abide by existing land
use laws, authorizations approvals and conditions as applicable. Permit holder/ concessionaire is not
authorized by this permit to make application for any new land use approvals, including signage permits.
Similarly, applications for building department permits or other applications concerning city property are
not authorized by this Agreement. No banners, flags, signage and/or marling of any kind shag be placed
on City property. This Permit grants no permit or authorization for signage or banners. Applications for
signs on City Park properly can only be submitted by the City Parka Director and shall only be for
governmental purposes. Banners on City right-of-way must be applied for at City Administration.
Summary Abatement. When the City Public Works Director, or designee, believes upon inspection, that
the maintenance provisions of this Permit or the Code re violated, or that some other unsanitary or public
health and /or public safety condition exists which was caused by, permitted by or allowed to occur by
G1dubwrkshend109.25 ROW Encroachment OrM End12009_10-14XRONGuldelines.dw Pace 30 of 44
APPENDIX B
CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSIONTERMS
AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT
Permit Holder/ Concessionaire, Director may immediately cause the violations and conditions to be
summarily abated using City employees or City contractors. Permit holder/concessionaire shall be
responsible to reimburse the City for the actual cost [including overtime costa] to remedy the violation or
condition. Director or Director's designee will attempt to contact permit holder/concessionaire to demand
permit h6lder/concessionaire remedy the violation but Director is not required to wait to perform
summary abatement Reimbursement shall be made to the City within free (5) working days after the
performance of the abatement and delivery of the charges to Concessionaire.
Non-Interference with Retail Businesses, Residences, and other authorized Permits/ Concessions.
Permit holder / concessionaire shall use and occupy the right-of-way in a manner that does not
damage, conflict with, or interfere with adjacent or abutting businesses or residences, and other approved
concessions / permits, including permitted vehicular and pedestrian access ways and normal business /
domestic functions.
Payment of Fees.' Permit holder / concessionaire shall pay a fee as established by City Council by
Resolution for the use and occupancy of the City right-of-way based either upon the square footage of
the concession /permit area awarded or upon gross sales. The permit/ concession fee will not change
once the permit is executed; however the fee will likely change everyyear, (only upward) at least by CPI,
and Permit holder/Concessionaire has no right to challenge the mount or type of fee. All required
payments must be made and verified by the City before any new permit / concession will be authorized
with the Concessionaire. Failure to remit the amounts owed the City under this Agreement, or
submission of falsified returns or other falsification of records, shall be submitted to the Jackson County
District Attorney for consideration of criminal prosecution, in addition to other remedies available to the
City identified in this Agreement.
Food and Beverage Taxes. If the use/occupancy of the right-of-way concerns food service, the
concession shall be operated in accordance with applicable law, including payment of all local taxes, fees
and charges. Permit holder/ concessionaire shall pay all food and beverage taxes associated with the
business furthered by this concession/ permit. The records inspection provisions above apply fully to City
verification of compliance with this requirement No concession shall be granted to an individual or
entity, if the person, entity, its owner or operator is in arrears, in collection, or in administrative or
litigation concerning amounts owed to the City of Ashland under the Food and Beverage Tax provisions
of AMC 4.34, regardless of whether the obligation concerns a business. using a different name.
Similarly, no individual or entity shall be awarded a permit or concession if the individual/ entity, its
owners or operators have pending criminal prosecutions for theft of city food and beverage taxes or arc
otherwise involved in violation proceedings under AMC 1.08 for violation of provisions of the food and
beverage tax ordinance. Failure to maintain current food and beverage payments, the existence of
arrearages, collections, administrative, civil or criminal actions arising out of faihue to strictly comply
with the City food and beverage tax shall result in default and revocation of the license /permit to use the
permit area and termination/ revocation of the permit/concession
Business License Taxes, Utilities and fees. Permit holder/ concessionaire shall pay all business license
taxes associated with the business utilizing the right-of-way furthered by this permit! concession. A
Permit holder/ConccssionaQe shall obtain a City business license in accordance with AMC 6.04 and
maintain as valid said license during the concession period. No application for a permitteoncession shall
be accepted from a business entity or individual owner or operator without a current business licenses and
without full payment for any arrearages owed by said business entity or individual owner or operator
regardless of whether the obligation concerns a business using a different name.,In addition, violation of
Chapter 6.04 is punishable by daily fines in accordance with AMC Chapter 1.08. Failure to maintain a
valid a business license by payment of the business license tax, failure to pay all utilities fees and charges,
shall result in default and revocation of the license to use the right-of-way and termination of the
pemtit/concession
G.1oubwfW&ne0&25 ROW Escruschmenl OYMB Ena12009-M1411Ow Guidalineadoc Pam 31 d44
APPENDIX B
aTY OF ASHLAND ROW ENCROACHMENT STANDARD PERNIMICONCESION TERNS
AND CONDITIONSAND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT
Insurance: Permit holder /concessionaire shall procure and maintain insurance in accordance with the
requirements of the application in full force and effect throughout the term of this permit/ concession.
Permit Holder/ concessionaire shall provide the City with copies of said insurance certificates and shall
name the City of Ashland as an additional insured. Any request to modify or waive the insurance
requirements stated herein must be approved in writing by the City Administrator.
RELEASE / INDEMNITY AND HOLD HARMLESS: Permit Holder/ Concessionaire, for itself, Its officers,
members, employees, and agents, does hereby release and forever discharge the City of Ashland, Its
Commissions, Boards and Committees, officers, employees, agents, contractors, successors and
assigns, from any and all claims or causes of action which Permit Holder/ Concessionaire, its officers,
members, employees, and agents, now have or which may hereinafter accrue against the City,
Commissions, Boards and Committees, officers, employees, agents, contractors, successors and
assigns, In connection with or arising out of the this permit / license/concession, including without
limitation, personal injury or death, damages to property, by any cause, including trespass,
conversion or other property loss, and including specifically damage ortheft of personal property
placed or located on city right-of-way.
Permit Holder / Concessionaire, for ltself, its officers, members, employees, and agents, shall hold
harmless, Indemnify, and defend the City of Ashland, Its Commissions, Boards and Committees,
officers, employees, agents, contractors, successors and assigns, from any and all liability, actions,
claims, costs, losses, damages or other costs including attorneys fees and witness costs (at both trial
and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any
person or entity, Including permit holder, concessionaire, patrons, other permit
holders/concessionaires or adjacent businesses, as well as other participants, arising from, during or
In connection with the Permit holder/ Concessionaire's entry onto, occupancy and use of City
property, and the operation of the permit area, except liability arising out of the sole negligence of
the City,itsoffcersoremployees. The Permit holder/ Concessionaire specifically agrees to Indemnify
the City of Ashland, Its Commissions, Boards and Committees, City officers, employees, contractors
and agents against all loss Injury or damage to concessionaire or permit holder/concessionaire's
property sustained by reason of occupancy of the premises or any portion hereof. Such
Indemnification shall also cover claims brought against the City understate or federal workers
compensation laws. if arty aspect of this indemnity shall be found to be Illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this
Indemnification.
In the event any action or claim is brought against the City of Ashland, its Commissions, Boards
and Committees, officers, employees, agents, contractors, successors and assigns, the Permit
holder/Concessionaire shall, irthe City so elects, and upon tender by the City, defend the same at
the Permit holder/Concessionaire's sole cost and expense, and Permit Holder/ Concessionaire shall
promptly satisfy any judgment adverse to the City, and the Permit Holder/ Concessionaire, jointly,
and reimburse the City of Ashland, its Commissions, Boards and Committees, officers, employees,
agents, contractors, successors and assigns for any lass, cost damage or expense, including attorney
fees, suffered or incurred. The Permit holder/ Concessionaire is not required to indemnify for
damages caused solely by the negligence of the City
The obligation to Indemnify Is expressly understood to survive termination of the permit/
license/concession for any reason, and Includes reasonable attomeys' fees, Including attorneys' fees
on appeal, and Investigation costs and all other reasonable costs, expenses and liabilities Incurred by
City or Its attomey from the first notice that any claim or demand Is to be made or may be made.
Termination:
G:butrwrWcno0&25 ROW E machmenl ONIB EnaV009.10.14V1(*V GukWines.doc Psoo 32 of 44
APPENDIX B
CITYOFASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESIONTERMS
AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT
Notwithstanding any other provision hereof to the contrary, this permit/ license/ concession may be
terminated as follows:
a. This permit/ concession may be terminated by mutual consent by both parties at any time, or by
either party upon fifteen (15) days notice personally delivered or upon deposit in the United States mail,
postage fully prepaid, certified, return receipt requested, addressed to the Patty.
b. The Gty shall have the right in its sole discretion, to immediately terminate this
Permit/Concession at any time, with cause, by giving written notice to Permit holder/Concessionaire.
"Cause" means any failure to perform any of the obligations or requirements of this permit/concession,
including but not limited to compliance with the Code, any specified default provision or any other
violation of the terms of this Permit by Permit holder/ concessionaire.
C. Notwithstanding any other provision in this agreement, City may terminate this agreement
immediately upon Permit holder/ Concessionaire's failure to have in full force and affect any insurance
required by this Agreement The City may provide the Concessionaire with an opportunity to secure
replacement insurance, (not to exceed 48 hours) but the permit area shall not be used, occupied,
operated or maintained for any reason whatsoever while Permit holder/ concessionaire's required
insurance protection is not in full force and effect
d. Notwithstanding any other provision in this agreement, in the event of termination, City may at
its option and sole discretion, direct Concessionaire to remove any or all improvements, equipment, and
furnishings installed pursuant to this Agrccme1t
Default
The Permit Holder/ Concessionaire may be declared in default by the City if.
• Permit holder/ concessionaire vacates, deserts or abandons the permit area for two or
more consecutive weeks; or
• Permit holder / concessionaire violates any material provision of this permit/conoession,
including but not limited to, those provisions specifically identified as triggering default,
violation, revocation, termination or breach.
• Permit holder/ concessionaire fails to keep the premises in a safe and sanitary condition
or operates the concession in a manner which is hazardous or offensive to the public; or
• Permit holder/ concessionaire fails to comply with any of the statutes, ordinances, rules,
orders, regulations or requirements of the federal, state, county, city government,
including specifically city regulations, health department regulations, fire and building
codes and planning laws and conditions; or
• Permit holder/ concessionaire becomes insolvent; or
• Avoluntary or involuntary petition in bankruptcy is filed by oragainst the Permitholder/
concessionaire; w
• A receiver is appointed to take charge of the Permit holder/ concessionaire affairs, or
• Permit holder/ concessionaire fails to maintain compliance with requirements
concerning payment of taxes, fees and charges, or Permit holder /concessionaire fails to
provide access to adequate financial records. City will protect the confidentiality of the
concessionaire's financial records to the extent allowed by law except where access to
such records is material to pending litigation.
In such event of a default(s) as set forth above, if permit holder/ concessionaire has failed to remove its
property from the permit/ concession area, whether or not the permit/conccssion is terminated or not, the
Permit holder/ concessionaire agrees to amender to the City the entire permit area immediately upon the
G:buDwrks\enoffl325 ROW Encroachment OrdlB Eno12009-10.14XROW Guidetines.doc Pace 33 of 44
APPENDIX B
CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS
AND CONDITIONS AND RE LEASE/INDEMNrTY AND HOLD HARMLESS AGREEMENT
completion of a 15 day notice of default /cure period and the City may order vacation of the premises or
immediately thereafter remove the permit holder/ concessionaire or any other person who may be
occupying the premises without resort to courts for an Order sanctioning such action. Removal includes
complete removal of personal property using City forces, or pursuant to this Permit and permit holder/
concessionaire expressly consents to such removal City is expressly authorized to remove all Permit
holder/ Concessionaire property from the premises at the permit holder/ concessionaire's expense. The
City is relieved and dischargod from any and all loss, damage or claim occasioned by such removal, and
shall not be responsible for safo-keeping of property so removed.
SURRENDER:
Upon the expiration of the original term, Permit holder / Concessionaire shall surrender to the City the
premises in as good or better condition and order as was originally received, except as allowed for
within the typical wear and tear. Surrender is considered complete only upon approval of site conditions
as determined by the City. City will inspect site within 48 hours written notice by Permit holder/
Concessionaire of readiness for inspection. The 48 hour period does not apply to Saturday, Sunday, or
any recognized City holiday.
Upon expiration, abandonment, termination, or cancellation of this Agreement for any cause, Permit
holder/ concessionaire shall immediately quit the premises and shall remove its personal property not
affixed to the land and leave the site in a clean and tidy condition acceptable to the City. Any personal
property not removed within that time shall be deemed abandoned and shall become at once the property
of the City. Any buildings, alterations, or other improvements affixed to the land, except for movable
furniture and trade fixhuea, shall become a part of the land and shall belong to the City upon the
expiration or termination of this agreement for any cause In the event of termination of this contract prior
to its expiration for reasons other than breach, or default on the part of Permit holder/ Concessionaire or
other than abandonment by Permit holder/ concessionaire or other than for cauK or other than wrongful
termination or repudiation, City shall pay Permit holder/ concessionaire such sums as the parties agree
represent the reasonable value of improvements made by Permit holder/ concessionaire on the property
and existing at the time of termination of the agreement, provided such improvements were made with
authorization. Permit holder/ concessionaire shall in such event accept said sum in complete and full
satisfaction of any claim If the parties carrot agree on the value, the matter shall be resolved by reference
to a mediator.
Status of Concessionaire. Permit holder/ concessionaire is not to be considered an agent or employee
of the City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits
City provides its employees. Permit holder/ concessionaire will not be eligible for any federal social
security, state worker's compensation, unemployment insurance, or Public Employees Retirement
System benefits from this permit Nothing in this Agreement shall be construed to render the City in any
way or for any purpose a partner, joint venturer, or associate in any relationship with Permit holder/
Concessionaire other than that of Licensor and Licensee/Concessionaire, nor shall this Agreement be
construed to authorize either party to act as agent for the other
Entry for inspection. Permit holder/ concessionaire consents to and provides an irrevocable right of
entry to permit inspection by City personnel, City contractors, City authorized representatives and other
governmental authorities for purposes of regulatory compliance inspection and determination of
compliance with this permit, federal, state and local laws as well as the general condition of premises,
equipment and facilities. Entry by City personnel, City contractors, representatives and other
governmental authorities on official business shall not be deemed a trespass. City also reserves to itself
the unqualified and irrevocable right-of-entry for the inspection of the premises to determine
compliance with this Agreement and for emergency purposes.
Gbubwrks%enoN925 ROW Enemmchment OnAll Eno12009-10.1emROW Guklelineadec Pow 34 of 44
APPENDIX B
CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS
AND CONDITIONS AND RE LEASE/INDEMNRY AND HOLD HARMLESS AGREEMENT
Notice. Except as otherwise expressly provided by law, any and all notices or other communications
required or permitted by this Permit or by law to be served on or given to a party of this Agreement
shall be in writing and shall be deemed duly served and given when personally delivered to the party,
any managing employee of the party, or, in lieu of personal service, when deposited in the United States
mail, first class postage prepaid, addressed to the appropriate party as follows:
City: City of Ashland
Martha Bennet; City Administrator
20 East Main Street
Ashland, Oregon 97520
(Telephone 541-488-2100, Fax: 541-488-5311)
Copy to: Mice Faught, Public Works Director
20 East Main Street
Ashland, Oregon 97520
(Telephone: 541-552-2100;) .
Permit holder. See address on face of permit
And when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid.
In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices, bills, and payments
are to be given bygiving notice pursuant to this paragraph.
Assignment/Delegation. Neither party shall assign, sublet, transfer any interest in, or delegate any duty
under this Permit/concession without the written consent of the other, and no assignment or delegation
shall be of any force or effect whatsoever unless and until the other party has so consented Any atterrmpt
to assign, sublet, transfer any interest in, or delegate any duty under this Permit /concession without the
written consent of the other, shall result in default and the license and concession authorized pursuant to
this Agreement may then be immediately be revoked and terminated
Emergency. Nothing in this Agreement prohibits or restricts the power of the City of Ashland governing
body, the Mayor, the City Administrator or other City Official from exercising regulatory power or other
authority over City property pursuant to the City emergency operations ordinance, AMC Chapter 2.62.
No Waiver. Failure or delay of the City to require performance of any provision of this permit and
contract shall not limit, waive or prejudice the right of the City to later enforce that or any other
provision of this Agreement The enforcement provisions of this permit are noncxclusivq and
enforcement by the City may be by any means provided by law, including but not limited to criminal
prosecution for violation of city ordinance pursuant to City or state law.
Governing Law. This Agreement, and all matters relating to this Agreement, shall be governed
by the laws of the State of Oregon in force at the time any need for interpretation of this Agreement or
any decision or holding concerning this Agreement arises. The parties to this Agreement do not intend to
confer on any third party any rights under this Agreement.
Severability. If any provision of this Permit/ concession is held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full
force and effect unimpaired by the holding
Wovtr nks\ena09-25 ROW Encroachment OrdO EnoO009-11674VtOW Guideline&dx Pow 35 0144
APPENDIX B
CITY OF ASHLAND
PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT
A. Permhtee Name: B. Premises:
Address:
Phone:
C. Permlt L)egins: D. Pa nt : $58.00
E. Purpose:
F. Special Conditions:
1. DESCRIPTION OF PREMISES: City permits Permittee to use the property described in
Box B above ("the premises') on the terms and conditions stated below.
2. TERM: This permit shall begin on the date specified in Box C above and continue until
terminated as provided in paragraph 11,
3. PAYMENT: Permittee shall pay City the sum specified in Box D above.
4. PURPOSE: The premises shall not be used for any other purpose than stated In Box E
above. Permittee shall not use or allowthe premises to be used for any unlawful purpose
whatsoever.
5. SPECIAL CONDITIONS. The special conditions set forth in Box F above are made a part of
this agreement.
6. INDEMNIFICATION. Permittee shall defend, indemnify and save the City of Ashland, its
officers, agents, and employees harmless from any losses, claims, expenses, judgments, or
other damages resulting from injury to any event participant or other person or damage to
property, of whatsoever nature, arising out of or Incident to this permit.
7. IMPROVEMENTS. Except for the purposes described in Box E above, no improvements
shall be placed in or on the premises, and no alterations shall be made on the premises without
the prior written consent of City. All improvements shall be made at the sole expense of
Pemvttee. All improvements made by Permittee on the premises shall be and remain the
property of Permiltee. Permittes shall secure all necessary permits and licenses required in
connection with the premises and shall oom;* with all federal, state, and local statutes,
ordinances, and regulations that may concern, in any way, Permiltee's use of the prern ises.
8. TAXES, UTILITIES, MAINTENANCE. Pennittee shall be responsible for all taxes and
assessments, if any, on all real and personal property and improvements on the premises,
including real property belonging to City. Permittee shall pay for all utility services furnished to
the premises. Permittee shall, at its sole expense, keep and maintain the premises at all tinres
in an orderly, dean, and safe condition.
9. ASSIGNMENT. The provisions of this permit and all of its obligations and rights shall bind
any assignee or legal successor of Permittee, and any purchaser or transferee of any interest of
Perrrd tee's in the property described in box E above. Permiltee shall execute and acknowledge
a memorandum of this permit as it affects the property described in Box E above in a form
suitable for recording, and City may record the rmorandum.
G:bub-weatenoW9.25 ROW Encroachment OrdS Endaffi,10.141ROW Guidelnes.doc Peoe 36 of 44
APPENDIX B
10. RIGHT OF ENTRY. City specifically reserves the right to enter and occupy the right of way
upon failure of Permittee to comply with any provision of this permit. City also reserves the right
to enter the right of way for purposes of Inspection and to determine whether Pertnttee is
complying with the provisions of this agreement and to perform acts necessary or proper for the
protection, preservation, maintenance, reconstruction; and operation of the public right-of-way.
11. TERMINATION. In the event of breach of any of these permit terns, City shall have the
right to immediately terminate this permit, to re-enter and repossess the premises, and to hold
the same as though this permit had never been made or issued. In addition, this permit maybe
terminated as to all of part of the premises when needed for public purposes, or when the City
determines that it is in the publids best interest, upon giving of a 30-day written notice to
Permittee of its intent to terminate same. In the event of such termination, Permittee waives its
rights to make a claim for any losses or damages suffered thereby. In the event ofterrnination,
regardless of how effected, Permittes shall, by the date of the termination, peaceable and
quietly leave, vacate completely and surrender the premises, removing those improvements and
fixtures placed or made by Permittee. If any improvements or fixtures are riot removed from the
premises and the premises are not completely vacated by the termination date, City may
proceed to remove the same, and Pemdttee shall pay City, upon demand, the reasonable cost
to City of such removal.
12. WAIVER. Time is of the essence of every provision of this permit. Failure of City to object
to the violation of any provision of this permit shall not be deemed a waiver by City of a
subsequent similar breach or of City's right to demand strict performance by Perrnittee.
Date: Date:
Signed: Signed:
Pemtiftee, Permiltee, .
Permit granted this- day of . 2009, for the above named Permittee to use
the premises on the terms specified above.
Title: City Surveyor
G:putrrrW-ngNM25 ROW Encroachment Ords_Engt20eg-1614vtOW Guideines.doc Page 37 of 44
APPENDIX B
SITE PLAN AND OPERATION & MAINTENANCE PLAN
Issued. PUBLIC WORKS ENGINEERING
Rei+e4 www.ashland.or.us 541-4885587 Fax: 541-488-6006
G:\pub-wrla\eng\09-25 ROW Enaoachment 0rd\9_Eng\2009-1614\R0W Guidelines.doc (11.192008) 38 of 44
--EXAMPLE FORM FOR SITE PLAN AND MAINTENANCE LANSUBMITTAL-- APPENDIX B
SITE PLAN AND OPERATION & MAINTENANCE PLAN
issued. PUBLIC WORKS ENGINEERING
Rwn>.d www.ashland.orus 541-0885587 Fax: 541-488-6006 '
G:\pubwrla\eng\09-25 ROW Encroachment 0rd\5_Eng\2009-1P14\R0W Guidelines.doc (11.1 &2008) 39 of 44
-EXAMPLE FORM FOR SITE PLAN AND MAINTENANCE LANSUBMITTAL-- APPENDIX B
Inspection & Maintenance Checklist Planters
.f CONDITIONS TO CHECK FOR ACTION NOTE MAN-HR
M 1. Vegetadon Is overgrown or Trim, prune, and weed to provide appealing none 2-4
dominated by weeds. aesthetics. Follow City vegetation mh1100 sf
management guidelines.
M 2 Weeds occupy more than 20% of the Remove weeds to less than 5% of the 2 0.51
landscaped area. landscaped area. mhfloosf
M 1 Invasive Spedes Poison ivy, other Remove poisonous vegetation or insect nests 25 1-2
poisonous vegetation, or insect nests using best professional judgment of methods mh/l oo sf
resent a safe hazard. and sale recautions.
S & Unsightly accunluladon of trash or Remove and dspose of fresh or debris. 2 0.5 mh/d
M debris
M s Noticeable erosion such as rills in Identify cause of erosion. Slow down or 4 1-2
S landscaped areas spread out surlace water flow. Fill, contour, mh4ree
and seed eroded areas-
A 6 Limbs or part of trees or shrubs are Trim or prune trees or shrubs to restore 2 2-4
split or broken, affecting more than 25% shape. Do not top. Replace severely mh4ree
of the total foli e of the lant damaged trees or shrubs.
M T. Trees orshrubs have been blown Inspect for injury to stem or roots replant if none 1-2
over or knocked down. sible. Replace if severely damaged in h4ree
A S. Trees or shrubs are leaning over, Place stakes and rubber-coated ties around none 0.5-1
exposing the roots. young trees or shrubs for support. mh/tree
f = Impecdon frequency A=Annually, M=monthty, S=after storms 0.8" per luny or more
*See the discussions in this chapter on work in sensitive areas and on permits and regulations pdorto
performing work in streams or wetlands.
NOTES:
1. Procedures-Consult the City Engineer prior to performing work.
2. Waste management-Dispose per Oregon Department of Environmental Quality standards.
3. Sensitive area-Consult the appropriate section of this chapter prior to performing work.
4. Timing-Check for optimum seeding/planting time.
5. Safety-Follow all safety protocols.
6. Water quality-Perform during prolonged dry periods or install temporary erosion and sediment control (TESC)
features prior to performing work.
issued: PUBLIC WORKS ENGINEERING
Raised www.ashiand.orus 541.48&5587 Fax: 541-488-6006 IC0170b
G:\putrwrks\eng\09.25 ROW Enamchment Ord\3_Eng\2009.141AROW GuidelinesAoc(11.18.2008) 40 of 44
j \ e w.`.x~r~muw
c c
LLD,
11
CITY OF
ASHLAND
Council Communication
Second Reading of Ordinances Adopting
Chapter 18.63 Water Resource Protection Zones and
Related Ordinance and Ashland Comprehensive Plan Amendments
Meeting Date: December 15, 2009 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: molnarb(c_Dashland.or.us
Secondary Dept.: None Secondary Contact: Richard Appicello
Approval: Martha Benne Estimated Time: 15 minutes 11
Question:
Will Council approve second 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, and approve the findings of fact to accompany the amendments?
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, and approval
of the findings of fact to accompany the amendments.
Background:
Revisions to Chapter 18.63 for Second ReadinE
At the December 1, 2009 meeting, the Council agreed to make two revisions to Chapter 18.63 Water
Resource Protection Zones for the second reading of the ordinance. The first revision is adding the
replacement of public parking lots as a Limited Activity and Use (18.63.070.B.3). The second revision
is adding a clarification that wire mesh and chain link fencing are not permitted in the water resource
protection zones (18.63.060.B.3 and 18.63.060.C.2). These changes, as well as a few minor editing
and formatting corrections, have been made to the attached ordinance copy of Chapter 18.63.
At the December 1 meeting, the Council also discussed expanding the exemption for non-residential
nonconforming structures to include properties throughout the city, rather than limiting the exemption
to properties within historic districts. However, the Council did not make a decision on this item. As a
result, the change has not been made to the attached ordinance copy of Chapter 18.63. The potential
revision regarding non-residential nonconforming structures in included below, with additions
underlined and deletions in .
Staff has performed a preliminary analysis of the potential nonconforming structures in the
commercial, employment and industrial zoning districts, and there appear to be eight non-residential
structures outside of the historic districts that may intrude into stream bank protection zones. Four of
the structures are near Hamilton Creek and located in the Tolman Creek Shopping Center, at the
northeast corner of Ashland Street and Tolman Creek Road. The four buildings are the Albertsons
building, the Subway-RiteAid building and deck, the Progressive Optometry Building, and the
building with multiple tenants including Torero's Family Mexican Restaurant. Four structures are near
Neil Creek with two of the 17 buildings in the Country Corner Mini Storage across from the
Page I of 4
trysi,
CITY OF
ASHLAND
intersection of Ashland Street with Highway 66 and two structures located on Applegate Way
appearing to intrude into the stream bank protection zone.
• Exempting the Replacement of Non-residential Nonconforming Structures, 18.63.060.3.d
and 18.63.070.3.d
Exempt Activities and Uses 18.63.060.3:
d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within
H"Maron . Nonconforming structures within or partially within a Water Resource Protection
Zone, and located in a non-residential zoning district may be replaced or
rebuilt if the existing building footprint of the structure 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.
Limited Activities and Uses 18.63.070.3.:
d. Replacement of Nonconforming Accessory Structures in Residential Zoning Districts and
RepiaGement of NORG90OFFRORg StFUGtUFOS On Non Residential Zoning Districts and- 0--ictude
klisteris Di6#ist6. Replacement of nonconforming accessory structures located in residential zoning
districts when the replacement structure is located within or partially within the original building
footprint of the structur ,
18:63:060,43 and provided replacement does not disturb additional surface area within the Water
Resource Protection Zone.
Amendment Package Description
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 Chapter 18.108
Procedures 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 the findings document which accompanies the packet of amendments sent
to the Oregon Department of Land Conservation and Development and addresses the applicable
Statewide Planning Goals as well as related Oregon Administrative Rule requirements.
The record for Chapter 18.63 Water Resource Protection Zones and the related ALUO and
Comprehensive Plan amendments is available on the project web page -
www.ashland.or.us/waterresources. The record is over 600 pages in length and will not be provided as
a hard copy to the City Council unless requested.
Page 2 of 4
~r,
CITY OF
ASHLAND
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 second reading of the following ordinances, and the findings of fact and
conclusions of law for the amendments.
• 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 second reading with proposed amendments as noted after each ordinance, and the
findings of fact and conclusions of law for the amendments.
• 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
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
Page 3 of 4
15
CITY OF
ASHLAND
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. Findings of Fact and Conclusions of Law for Amendment of Ashland Land Use Ordinance and
Ashland Comprehensive Plan to Update Regulations Regarding the Protection of Wetlands and
Riparian Corridors Including Significant Wetlands and Riparian Corridors
Page 4 of 4
~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 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.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. A new Chapter 18.63 of the Ashland Municipal Code [WATER RESOURCES
PROTECTION ZONES] set forth in full codified form on the attached Exhibit A and made a part
hereof by this reference, is hereby added to the Ashland Municipal Code.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
Page 1 of 2
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word 'ordinance' may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions (i.e. Sections 1, -4) need not be codified and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 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
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 Activities and Uses Exempt from These Regulations
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 Plan Requirements
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.
E. To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties
adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife
habitat and provide opportunities for trail connections.
AMC Chapter 18.63 Water Resource Protection Zones Page 1
12/15/2009
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 structure and functions and for the human-nature interactions they provide.
K. To improve and promote coordination among local, state, and federal agencies regarding
development activities near Ashland's wetlands, water bodies and associated riparian areas.
L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when
offset by appropriate mitigation, as stipulated in the ordinance and other applicable state and
federal requirements.
18.63.020 Where Regulations Apply
A. The provisions of this chapter apply to all lands containing Water Resources and Water
Resource Protection Zones. Water Resources and Water Resource Protection Zones are defined,
established and protected in this chapter.
B. State and federal wetland and riparian regulations will continue to apply within the City of
Ashland, regardless of whether or not these areas are mapped on Ashland's Water Resources
Map. Nothing in this chapter shall be interpreted as superseding or nullifying state or federal
requirements. Additionally, the City of Ashland shall provide notification to the Oregon Department
of State Lands (DSL); as required by Division 23 of Oregon Administrative Rules, for all
applications concerning development permits or other land use decisions affecting wetlands on
the inventory.
C. The burden is on the property owner to demonstrate that the requirements of this chapter are
met or are not applicable to development activity or other proposed use or alteration of land. The
Staff Advisor may make a determination based on the Water Resources Map, field check, and any
other relevant maps, site plans and information that a Water Resource or Water Resource
Protection Zone is not located on a particular site or is not impacted by proposed development,
activities or uses. In cases where the location of the Water Resource or Water Resource
Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation
prepared by a natural resource professional, or a sworn statement from a natural resource
professional that no Water Resources or Water Resource Protection Zones exist on the site.
D. All Water Resource Protection Zones shall be protected from alteration and development,
except as specifically provided in this chapter. No person or entity shall alter or allow to be altered
any real property designated as a Water Resource Protection Zone, except as set forth in an
exemption, approved planning application or permit authorized in this chapter. No person or entity
AMC Chapter 18.63 Water Resource Protection Zones Page 2
12/15/2009
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).
_f
l3 .E
♦ f
Figure 1: Centerline of Stream
Clearing - means the removal, redistribution or disturbance of vegetation, soil or substrate that
may include trees, brush, grass, ground cover, or other vegetative matter from a site.
Drainage Ditch or Channels include:
1. Roadside ditches that carry only storm water runoff from the adjacent road and the
immediate surrounding area. (Drainage ditches do not include historically altered
streams or channels that convey surface water flows. These features are still classified
as streams for the purpose of this ordinance.)
2. Constructed channels designed as part of the storm water infrastructure and drain
directly from storm water facilities or storm pipe systems.
AMC Chapter 18.63 Water Resource Protection Zones Page 3
12/15/2009
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 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 structure, 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.
AMC Chapter 18.63 Water Resource Protection Zones Page 4
12/15/2009
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 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.
AMC Chapter 18.63 Water Resource Protection Zones Page 5
12/15/2009
Stream - a stream means a channel such as a creek that carries flowing surface water, including
perennial, intermittent and ephemeral streams with defined channels, and excluding man-made
irrigation and drainage channels. Drainage channels do not include historically altered streams or
channels that convey surface water flows. A stream is a type of Water Resource.
Stream, Ephemeral - an ephemeral stream generally flows only during and following a rain event.
Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of
water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection
Zone.
Stream, Intermittent - an intermittent stream generally flows only during part of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not have
flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent
and Ephemeral Streams is a type of Stream Bank Protection Zone.
Stream, Perennial - a perennial stream has flowing water year-round during a typical year.
Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental
source of water for stream flow.
Stream, Local - Local Streams is a type of Stream Bank Protection Zone.
Stream Bank Protection Zone - an area subject to the provisions of this chapter which includes
a stream and an associated riparian buffer of varying width, as established herein, located
adjacent to the stream, and in which certain human activities are regulated in order to protect the
structure 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-bonne litter or debris, water-stained leaves or water lines on tree trunks (Figure
AMC Chapter 18.63 Water Resource Protection Zones Page 6
12/1512009
2). In the absence of physical evidence or where the top of each bank is not clearly defined, the
two year recurrence interval flood elevation may be used to approximate the top of bank.
Upland
Vegetation Riparian
!a, Clear natural Vegetation
line impressed
r<. on shore
Upland Soil Bare
Soil
Upland
Soil
C b gr. o°'
ob Textural Change
in Soil
Figure 2: Top of Bank
Upland - land not characterized by the presence of riparian area, water bodies or wetlands.
Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland,
as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource.
Water Resources Map - the adopted City of Ashland map which identifies the approximate
locations of Water Resources in Ashland including officially recognized streams and wetlands
identified on Ashland's Local Wetland Inventory.
Water Resource Protection Zone - an area subject to the provisions of this chapter which
includes a Water Resource and an associated buffer of varying width, as established herein,
located adjacent to the Water Resource and in which certain human activities are regulated in
order to protect the structure, 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
12/15/2009
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 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
structure 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.
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.
AMC Chapter 18.63 Water Resource Protection Zones Page 8
12/15/2009
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 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
50 feet Top of 50 feet
Bank
Stream Bank ProoWction Zone
Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams
2. Local Streams - For streams classified as non-fish-bearing Local Streams and on the
Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands 40 feet from the centerline of the stream (Figure 4).
AMC Chapter 18.63 Water Resource Protection Zones Page 9
12/15/2009
riparian buffer
4b 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
`r
i
' Certerline
Stream Bank Protection Zone
Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams
4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part
of a significant wetland as identified on official maps adopted by the City of Ashland, the
distance to the Stream Bank Protection Zone boundary shall be measured from, and include,
the upland edge of the wetland.
5. Determination of Protection Zone - The measurement of the Stream Bank Protection
Zones shall be a horizontal distance from the top of bank or from the center line of the stream
as specified above. For streams that were piped or culverted prior to the effective date of this
chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or
the width of any existing easement (e.g. drainageway easement), whichever is greater.
AMC Chapter 18.63 Water Resource Protection Zones Page 10
12/15/2009
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.
,,d Protectj o
c 2 ~o
dk
off`
0
~a
r"
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 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.
AMC Chapter 18.63 Water Resource Protection Zones Page 11
12/15/2009
od Protect/o'
° 2.
%
c~
C
Wetland
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.
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 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
AMC Chapter 18.63 Water Resource Protection Zones Page 12
12/15/2009
procedures and approval criteria described in the Tree Preservation and Protection
Chapter 18.61.
I. 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.
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%a
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
AMC Chapter 18.63 Water Resource Protection Zones Page 13
12/15/2009
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.
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.
AMC Chapter 18.63 Water Resource Protection Zones Page 14
12/15/2009
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 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, but not including wire mesh or chain link fencing, 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.
AMC Chapter 1 B.63 Water Resource Protection Zones Page 15
12/15/2009
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.
2. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters, but not including wire mesh or chain link fencing, 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.i.
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.
AMC Chapter 16.63 Water Resource Protection Zones Page 16
12/15/2009
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 otherwise exempted in section
18.63.060.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
AMC Chapter 18.63 Water Resource Protection Zones Page 17
12/15/2009
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 Facility Paving and Reconstruction - Paving and reconstruction of public parking
areas and walkways if additional surface area in the Stream Bank Protection Zone is not
disturbed, the public facilities are deemed necessary to maintain a functional system and upon
finding that no other reasonable alternate location outside the Water Resource Protection
Zone exits.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 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.
AMC Chapter 18.63 Water Resource Protection Zones Page 18
12/15/2009
I 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%a 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 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) 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
AMC Chapter 18.63 Water Resource Protection Zones Page 19
12/15/2009
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.
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
AMC Chapter 18.63 Water Resource Protection Zones Page 20
12/15/2009
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.
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.
AMC Chapter 18.63 Water Resource Protection Zones Page 21
12/15/2009
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.
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.
AMC Chapter 18.63 Water Resource Protection Zones Page 22
12/15/2009
d. For activities and uses proposed within a Wetland Protection Zone: a wetland
delineation (with an accompanying site map) prepared by a natural resource
professional and that has been concurred with by the Oregon Department of State
Lands (DSL); and an aerial photo with the wetland boundaries identified.
e. Topographic information at two 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
AMC Chapter 18.63 Water Resource Protection Zones Page 23
12/15/2009
Limited Activities and Uses or other site disturbances will not be conducted within the Water
Resource Protection Zone.
1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion
control measures may be required to be installed to prevent encroachment and flow of
material or other debris into the Water Resource Protection Zone and to otherwise prevent
impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When
required, these measures shall be installed and site-verified by the Staff Advisor before any
permits are issued and prior to the commencement of excavation, grading, site clearing,
construction or similar site work resulting in changes to the land.
C. Required Information Waived - Determination. Applications under this chapter involving
properties containing a Water Resource Protection Zone shall accurately indicate the locations of
these features and all other information as described and required above. The Staff Advisor may
waive one 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 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.
AMC Chapter 18.63 Water Resource Protection Zones Page 24
12/15/2009
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.
Stream Bank Protection Zone
50 feet Top of 50 feet
Bank
50% Native Shrubs & 100% Native Trees
Figure 8: Native Plant Requirements for Riparian Corridor Streams
AMC Chapter 18.63 Water Resource Protection Zones Page 25
12/15/2009
Stream Bank Protection Zone
40 feet AO feet
CenteMlne
t
60% Native Shrubs & 100% Native Trees
Figure 9: Native Plant Requirements for Local Streams
Stream Bank Protection Zone
30 feet 30 feet
CenIerBne
1 1
60% Native Shrubs $ 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.
AMC Chapter 18.63 Water Resource Protection Zones Page 26
12/15/2009
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%a 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 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 five years.
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.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 27
12/15/2009
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 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 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 A'shland'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".
AMC Chapter 18.63 Water Resource Protection Zones Page 28
12/15/2009
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.
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.
a. 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.
b. 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.
c. 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
AMC Chapter 18.63 Water Resource Protection Zones Page 29
12/15/2009
corrections where an approved delineation with a DSL letter of concurrence is provided.
Approved delineations shall be subject to the terms of expiration set forth in the DSL approval.
18.63.140 Enforcement and Penalties
A. Fine. A violation of any provision of this chapter, a permit issued under this chapter or any
condition of a permit issued under this chapter shall be a violation as defined by General Penalty
Chapter 1.08 and punishable by a fine as set forth in that section.
B. Mitigation and Management. Within 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 30
12/15/2009
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 d 'mss and additions to the code sections being modified.
Deletions are bold flyeed4hrouo and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on November 6, 2008 and following deliberations recommended approval of the
amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 21, 2009, and 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 Regulations 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.
18.62.080 Development Standards for Hillside Lands.
18.62.090 Development Standards for Wildfire Lands.
18.62.100 Development Standards for Severe Constraint Lands.
18.62.110 Density Transfer.
18.62.130 Penalties.
SECTION 3. Section 18.62.020 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Regulations] is hereby amended to read as
follows:
SECTION 18.62.020 Where Regulations Apply Regulations.
The type of regulation applicable to the land depends upon the classification in which the
land is placed, as provided in Section 18.62.050. if these Fegulations GonfliGt With
9theF regulations of the City of Ashland's h4unialpal Code, the more StFingent a
the 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, RipaFla^ PFeser 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 O0^°^°^ PFeser
C. Commercial logging, in areas identified as Flood plain Corridor Land, RipaFlan
?FeseFve, Hillside Land, or Severe Constraint Land.
SECTION 5. Section 18.62.050 of the Ashland Municipal Code [PHYSICAL &
ENVIRONMENTAL CONSTRAINTS - Land Classifications] is hereby amended to read
as follows:
SECTION 18.62.050 Land Classifications.
The following factors shall be used to determine the classifications of various lands and
their constraints to building and development on them:
A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The
following lands are classified as Flood plain Corridor lands:
1. All land contained within the 100 year Flood plain as defined by the Federal
Flood Insurance Program, and in maps adopted by Chapter 15.10 of the Ashland
Municipal Code.
2. All land within the area defined as Flood plain Corridor land in maps adopted by
the Council as provided for in section 18.62.060.
3. All lands which have physical or historical evidence of flooding in the historical
past.
4. All areas within 20 feet (horizontal distance) of any stream GFeek designated
feF-identified as a Riparian Preservation Creek '
on the Physical and
Environmental Constraints Floodplain Corridor Lands maps adopted pursuant
to section 18.62.060
97 All areas within ten feet (horizontal distance) of any stream drainage-channel
identified as a Land Drainaae Corridor depiGted on maps adopted by the
Ca--nail on the Physical and Environmental Constraints Floodplain Corridor
Lands maps adopted pursuant to section 18.62.060 but net designated as
Riparian PreseR.Fation.
B. Riparian Prese-n-Fateon - The feftwing Flood plain CGFFidGF Lands aFe also
designated Ri. e-pMation for the PUFpeses of this sention and as
ded on the PhyslGal and En.
HamiltG Clay,Bear Kitrhe^ nshlana Nell and WFIghtS G'eeks
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 % peFSeet or greater.
BC. Wildfire Lands - Lands with potential of wildfire. The following lands are classified
as Wildfire Lands:
1. All areas defined as wildfire lands on the Physical Constraints Overlay map.
€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.
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. Guivertonq 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
GUIvert 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 GulveFting and bridging 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 often feet above the Greek stream channel on Ashland,
Bear or Neil Creek; to five feet above the Greek stream channel on all other Riparian
P-°^^>f^ ^nree .s Preservation Creeks defined in section 18.62.050.13 identified
on the official maps adopted pursuant to section 18.62.060; and three feet above
the stream channel on all other dFainage 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 Greek stream
channel on Ashland, Bear, or Neil Creek; to five feet above the Greek stream
channel on all other Riparian PFeseFve sFecks Preservation Creeks defined in
identified on the official maps adopted pursuant to section
18.62.060; and three feet above the stream channel on all other dFainagge gays
ra^^,a~.,ti';ed-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
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 Creek 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. Fences nstru^tea ..oe.oe 20 feet of any RipaFlan PFese^•^•i^^ Greer
wore m^°h OF ^i-2i^ link fe^^'^^ Fences shall be located and constructed in
accordance with section 18.63.060.B. 3. Fences shall not be constructed across
any waterway or stream identified on the official maps adopted pursuant to
section 18.62.060 identified F ^ drainage OF FipaFian preservation , ^^i
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 BeaF 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:
IAX2:075 _Development Stdnd.,-ds fGF R.°par;an seFV.aRt*on lands
~,...a
A. All development in 2FP2S_ indiGated for Riparian Pre-seR-Fation, as defined
.
1. Development shall be subjeGt to all Development StandaFds for Flood plain
2 Any tFee ever six ^ties d h-h etisu he retained to the greatest extent feasible
2. Foil and CuhoeFting shall be PffR;itted GRIY fQF streets, aGress, OF utilities. The
possible Full shell be kept to 2 minimum
4. The geneFal tGpGgFaphy of RipaFiaA PFeseFvatmn-n 'and,-; 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 hot 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 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 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 deleti^.^iens and additions to the code sections being modified.
Deletions are bold Uned-thfough and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on October 28, 2008 and following deliberations recommended approval of the
amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 21, 2009, and 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 "code", "article",
"section", or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Sections 1, 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
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
December 15, 2009
In the Matter of Amendments to the City of Ashland )
Comprehensive Plan and Land Use Ordinance; to Update ) FINDINGS OF FACT AND
Land Use Regulations Concerning the Protection of ) CONCLUSIONS OF LAW
Wetlands and Riparian Corridors, including Significant )
Wetlands and Significant Riparian Corridors )
PURPOSE:
Complete Periodic Review Work Task on Goal 5.
PUBLIC HEARINGS:
On March 28, 2008, a notice of the Public Workshop and Public Hearing was sent by first
class mail to approximately 1,800 owners of properties that may have the use of the
property impacted by the proposed rules in accordance with ORS 227.186. Additional
public information efforts included a "Frequently Asked Questions" handout on the
proposed rules that was mailed with the 1,800 notices, and a project web page was
established at the same time the March 2008 notices were mailed The project web page
included the proposed rules and map amendments so that recipients of the notice could
go on-line to look up the proposed Chapter 18.63. The web page has been updated
throughout the public hearing process with meeting materials as well as the record.
Notice was published in The Ashland Daily Tidings on April 17, 2008prior to the
Planning Commission public workshop and public hearingand on April 6, 2009 prior to
the City Council public hearing Notice was also sent to the Department of Land
Conservation and Development on February 20, 2008 and March 31, 2008.
A Public Workshop was held at the Planning Commission on April 22, 2008 and public
hearings were held at the Planning Commission on May 13, 2008 and continued to May
13, June 10, June 24, June 22, Sept 9 and October 28. Public Hearings were held at the
City Council on April 21, 2009 with the record left open to May 19, 2009.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission was based on consideration of the following factors:
A. Consistency with Oregon land use laws and regulations including specifically
Oregon Statewide Planning Goal 5 as implemented by OAR Chapter 660,
Division 23.
B. Applicable policies of the Ashland Comprehensive Plan.
Findings of Fact and Conclusions of Law Page 1
EVALUATION AND COUNCIL FINDINGS:
A. Oregon Statewide Planning Goal 5 and the Goal 5 Rule (OAR Chapter 660, Division 23).
1. The City has inventoried wetlands and riparian resources. The City conducted a
stream inventory in 1987, which was subsequently adopted as the Ibysical and
Environmental Constraints Riparian Lands Map on May 21, 1987 by Ordinance 2419. At
the same time, Chapter 18.62 Physical and Environmental Constraints was also adopted
by Ordinance 2419, which established all streams inventoried and identified on the
Physical and Environmental Constraints Riparian Land; Map as significant water
resources, and established protected and regulated riparian areas surrounding those
streams. Chapter 18.62 established a permitting process for development in the
protected riparian lands, and Development Standards for Riparian Preservation Lands
addressing tree preservation, minimizing fill and culverting and retaining the general
topography of the riparian areas. Chapter 18.62 Physical and Environmental Constraints
was replaced in its entirety in July 7, 1989 by Ordinance 3528. However, the regulations
addressing the riparian lands and the Physical and Environmental Constraints Riparian
Lands Map were retained and were not changed. The City adopted digital versions of
the Comprehensive Plan Maps on Aprill, 2008 by Ordinance 2951 including the Physical
and Environmental Constraints Riparian Lands Map. The title of the map was changed
to Physical and Environment Constraints Floodplain Corridor Lands Map, but the
riparian lands stream inventory and designations were not changed.
In 2003, the City conducted a Local Wetlands Inventory (LWI). Approximately 1,500
letters were mailed to properties with potential natural resource sites, requesting the
property owner to permit access to their property to conduct fieldwork. The City then
determined which wetlands are locally significant following methods prescribed in
Division of State Lands administrative rules. The LWI also includes information on the
riparian corridors including an evaluation of the general stream characteristics,
hydrology, adjacent land form and vegetation. Subsequently, notices were mailed a
second time to the approximately 1,500 property owners with potential natural resource
sites informing them of a public open house meeting on November 2003 to discuss and
update citizens on the status of the inventory and project
The Oregon Division of State Lands (ESL) approved the LWI in March 2007. The City is
adopting the Water Resources Map as a Comprehensive Plan Map which identifies the
significant wetland and riparian corridor resource sites, as required by OAR 660023-030.
The Water Resources Map combines the mapped stream inventory from 1987 as
depicted on the Physical and Environmental Constraints Floodplain Corridors Map and
the wetlands identified in the LWI.
2. The City developed a program to achieve Goal 5 for water resources and
conducted the necessary ESEE analysis as required by OAR 660-023-040 with the update
Findings of Fad and Conclusions of Law Page 2
of the Chapter IV Environmental Resources of the Ashland Comprehensive Plan
(Ordinance 2650, October 15, 1991). The ESEE analysis in the updated Environmental
Resources chapter of the comprehensive plan addressed the environmental energy,
social and economic consequences of policies that knit or prohibit conflicting uses in
wetlands and riparian corridors Based on the evaluation of ESEE consequence4 the
City decided to protect significant wetlands and riparian corridors.
3. The new Chapter 18.63 Water Resource Protection Zones is intended to limit land
use and development activities in wetlands and riparian corridors in accordance with the
safe harbor provisions of OAR 660-023-100 (4)(b) and OAR 660-023-090(8). Existing
Physical and Environmental Constraints regulations are "reserved" br claims, (e.g.
Measure 49).
4. In Ashland, all streams inventoried and identified on the Physical and
Environmental Constraints Riparian Lands Map have been protected as significant water
resources since 1987. The current update of the regulations provides consistency with
the requirements of OAR 660-023-0100(4)(b) (safe harbor provisions for wetlands) and
OAR 660-023-0090(8) (safe harbor provisions for riparian corridors) as well as OAR 660-
023-050 (standard Goal 5 process for wetlands and riparian corridors). The proposed
amendment creates protection zones around and adjacent to the significant wetland or
riparian corridor resource. The proposed amendment limits or prohibits land uses and
development activities within the protection zone (buffer) andsignificant resource. The
protection program is based on clear and objective standards that have been adopted as
Chapter 18.63 Water Resource Protection Zones of the Ashland Land Use Ordinance.
5. Chapter 18.63 provides safe harbor protection for significant riparian corridors
and associated wetlands, and establishes protection zones of 50 feet consistent with OAR
660-023-090(5). Chapter 18.63 imposes limitations on development activities as required
by OAR 660-023-090(8). The Oregon Department of Fish and Wildlife has listed Ashland
Creek Bear Creek, Emigrant Creek Kitchen Creek, Neil Creek and Tolman Creek as fish-
bearing waterways.
6. Chapter 18.63 provides protection zones of 50 feet for locally significant
wetlands.
7. There were many issues raised during the public hearings The City Council
finds and determines that all substantive issues were adequately addressed by City staff
in the numerous staff reports and staff responses, and other materials in the record,
whether such responses were made orally at the hearings or provided in written form as
set forth in the record. All staff reports, staff materials, and other staff responsesare
hereby accepted by the City Council and are incorporated herein by this reference.
Findings of Fad and Conclusions of Law Page 3
The significant issues raised during the public hearings are summarized below and are
addressed in the record.
(a) A concern was raised by Bonnie Broderson regarding not using the most
recent findings to designate streams as fish bearing or non-fish bearing, and that
the Oregon "Fish Wildlife's StreamNet database as its authority and that the
database has not been updated for over eight years" (written comments from
Bonnie Broderson, May 8, 2008). Additional reference was made to recent
surveys by Oregon Fish and Wildlife in Gay, Hamilton and Wrights Creek. As
described in the Ashland Local Wetlands Inventory and Assessment and
Riparian Corridor Inventory July 2005/Revised February 2007, the City consulted
maps and information from state and federal agencies as well as aerial maps as
required by OAR 660-023-0090(4) to determine fish habitat. Additionally, the
City contacted Oregon Fish and Wildlife to obtain information on fish surveys in
Ashland. As described in the July 28, 2008 letter from Dan Van Dyke, District
Fish Biologist, fish use has been confirmed in Clay, Hamilton and Wrights Creek.
However, the locations are all within .30 river miles of Bear Creekand outside of
the Ashland Urban Growth Boundary (UGB) and city limits. For Clay Creek, fish
use is confirmed "not far from the confluence with Bear Creek," which is
approximately .19 of a mile north of the UGB and .36 of a mile north of the city
limits. For Hamilton Creek, fish use is confirmed up to a culvert barrier where
the creek flows under East Main Street, and East Main Street is the boundary of
the UGB and is .53 of a mile north of the city limits. For Wrights Creek, fish use is
confirmed up to river mile 0.2, downstream of Highway 99, and Highway 99 is
the boundary of the UGB and city limits.
(b) Takings concerns were raised several times. In terms of impact to private
property owners, increasing the size of the riparian buffers and requiring
wetland buffers can potentially impact the size of the developable area. For
properties adjacent to the six streams with delineated floodplains, the impact will
be negligible because the existing floodplain boundaries aregenerally wider and
existing regulations already limit further development. The proposed Water
Resource Protection Zone Chapter 18.63 includes provisions for the transfer of
density in the water resource protection zones to lands outside the water
resource protection zone within the same development for land divisions.
Additionally, the Water Resource Protection Zone Reduction and Hardship
Variances provide two processes to address lots existing before the effective date
of the ordinance that will not be able to meet the proposed requirements. The
variance provision of Chapter 18.63 is intended to address situations in which the
application of Chapter 18.63 unduly restricts the development or use of a lot, and
renders the lot not buildable. As required by OAR 6611023-090, the procedure
and criteria for variance approval is well stated in the proposed ordinance.
Finally, vacant lots with non-conforming building envelopes and driveway plans
Findings of Fad and Conclusions of Law Page 4
that were approved prior to the effective date of the ordinance are exempt from
the requirements of the proposed ordinance for a period of three years.
(c) To address concerns raised regarding a one size does not fit all approach, and
to address urban conflicts in particular in existing neighborhoods where houses
and developments are very close to significant wetlands and riparian corridor$ a
Water Resource Protection Zone reduction is included in Chapter 18.63 in
accordance with OAR 660023-0090(8)(c). The Water Resource Protection Zone
reduction provides additional flexibility in the water resource protectionzones
when it can be shown efforts have been made to avoid the protection zone,
minimize impacts to the protection zone and restoration and enhancement will
provide long term equal or better protection for the resources.
(d) Concerns regarding the definition of top of bank were raised several times. In
the original draft of Chapter 18.63, the top of bank definition is the stage or
elevation at which water overflows the natural banks of streams or other waters
of the state and begins to inundate upland areas, and in the absence of physical
evidence of the top of bank, the bankfull stage or line of non aquatic vegetation is
used. Additionally, the top of bank was used for measuring the stream bank
protection zone of the three classes of streams. Throughout the public hearing
and review process, the definition was revised to includea list of physical
characteristics that indicate where top of bank is located. Additionally, the
measurement for the stream bank protection zone for two stream classifications
(i.e. Local Streams and Intermittent and Ephemeral Streams)was changed to the
center line of the stream. The top of bank was retained to measure the stream
bank protection zone for Riparian Corridors continue to be measured 50 feet
from top of bank, in accordance with 660023-0090(5). Staff produced research
indicating the top of bank is a widely accepted physical feature that is used as a
basis for measuring riparian buffer zones, including examples of adopted top of
bank definitions used in communities in Oregon including Corvallis, Eugene and
Medford.
(e) Concerns were raised regarding increasing the (urrent setback requirements
for the streams. The proposed Chapter 18.63 Water Resource Protection Zones
revised existing regulations so that the size of the buffer area for streams will
generally increase. In the case of Riparian Corridors the increases from 20 to 50
feet from top of bank, for Local Streams the change is from 20 feet from top of
bank to 40 feet from the center line of the stream, and for Intermittent and
Ephemeral Stream the change is from 10 feet from top of bank to 30 feet from
center line of the stream. For Riparian Corridors with 50 feet wide protection
zones, staff presented information showing the floodplain was typically
significantly wider than the existing flood plains. The flood plains are protected
by existing regulations in Chapter 18.62 Physical and Environmental Constraints
Findings of Fact and Conclusions of Law Page 5
from development activities. Staff presented information regarding the functions
of a riparian area including the reduction of the chance of damaging floods,
improvement in water quality and providinghabitat and food for fish and
wildlife. The majority of creeks in Ashlandhave setbacks ranging 10 to 20 feet
from the creek under existing regulations Staff presented examples of the
intrusion of structures and impact of structures in the riparian corridors under
current setback requirements for Local Streams and Intermittent and Ephemeral
Streams. Testimony was received from Jeannine Rossa, a professional Fish
Biologist and Stream Ecologist, indicating that a 50-foot buffer encompasses the
active corridor of most small to medium sized streams. She added that the
science behind how much area to protect recommends one full tree height,
because that is essentially how much wood is going to fall into the creek. She
added federal land utilize this tree height measurement. The conclusion was that
structures placed within 10.20 feet of the creek under current requirements
typically result in negative impacts to the riparian corridor (e.g. construction
impacts, structure maintenance impacts and construction cf prohibited
structures). In testimony by Jeannine Rossa she commented that the smaller
stream in Ashland have been straightened and somewhat channelized over the
years due to development, and while that can not be changed very easily said
that the ecological function can be improved. The conclusion was that the buffers
should be increased in width to maintain the functions of the streams and to fully
address the following goals from the Environmental Resources Chatter of the
Ashland Comprehensive Plan: 1) Protect the quality of riparian resource lands, and
preserve their wildlife habitats, and 2) To preserve existing wildlife habitats and natural
areas within the city wherever possible.
(f) Concerns were raised regarding the use of stream corridors for the conveyance
of Talent Irrigation District (TID) water on Intermittent and Ephemeral Streams.
Specifically, opponents argued that without TID water, many of the Intermittent
and Ephemeral Streams would not exist and should not be considered natural
streams deserving protection. According to data from the Ashland Engineering
Division, TID uses nine of the 28 streams identified on the Water Resource Map
for the distribution of irrigation water to customers and the return of unused
irrigation water. The streams used for TID water delivery and return are
Ashland, Tolman, Cemetery, Clay, Hamilton, Wrights, Golf Course, Paradise and
Roca. Therefore, three of the 20 streams classified as Intermittent and Ephemeral
Streams are used for TID delivery and return - Golf Course, Paradise and Roca.
Therefore, it was determined that the assertion that all or most of the streams
classified as Intermittent and Ephemeral would not flow if it were not for TID
water is inaccurate.
(g) Opponents raised charges that there is no evidence that local native plants are
beneficial to riparian corridors. Additionally, concerns were raised regarding the
Findings of Fact and Conclusions of Law Page 6
availability of native plants. Staff presented the arguments for the advantages of
using native plants in riparian areas including: 1) native plants are unlikely to be
invasive or overly competitive with other native plants, 2)they provide food
sources for native butterflies, insects, fish, birds and other animals, 3) they are
better adapted to local drought and flooding coalitions in riparian areas, 4) they
reduce the need for pesticides, 5) they protect at-risk species and 6) protect
biodiversity. Research presented by staff and included in the record indicate that
healthy riparian areas include a variety of types and agesof plants including
trees, shrubs, grasses and groundcovers, and that those plants adapted to local
rainfall, climate, insects and soil conditions tend to be easier to care for because
they need less water and pesticides ("Taking Care of Streams in Washington,
Oregon, Idaho and Alaska", October 2002, Pacific Northwest Extension
publication). Chuck Fustish, STEP Biologist of Oregon Department of Fish and
Wildlife submitted written comments regarding the need tolimit the use of non-
native species to minimize the possibility of new exotics spreading via the
sterams. The Council decided to require 50% native plants with all native trees in
stream bank protection zones for projects requiring mitigation. Additionally,
removal of existing native vegetation, and the replacement of removed non-
native vegetation with native plant species is required by Chapter 18.63 in
accordance with OAR 660-023-0090(8)(b).
(h) Concerns were raised regarding the accuracy of the native and prohibited
plants list, and questions were raised regarding the need for locally drafted plant
lists. The plant lists were based on the Vegetation List in Appendix 7 of the LWI
which identified specific native and noxious plants found in Ashland wetland
and riparian areas. Additional information on plants lists for the Rogue Valley
was from Stream and Wetland Enhancement Guideby the Water Resources
Department of Rogue Valley Council of Govemments(RVCOG). Sources for the
RVCOG materials included: SPROut- Sustainable Plant Research & Outreach
Center http://www.oregongarden.org/SPROUT/SPROUT_Home.html, Citizens,
Guide to Stream Restoration, Izack Walton League, 1995, Gardening with Native
Plants of the Pacific Northwest Kruckeberg, University of Washington Press, 1982,
Going Native. Biodiversity in Our Own Backyards, Rice, Wilson 4 West, 199.,
Redesigning the American Lawn, Dorman, Dalmori and Gaballe, Yale University
Press, 1993, The Natural Habitat Garden,Druse, Clarkson Potter Publishers, 1994
and the USDA National Plant Database System: http://plants.usda.org. Several
professionals with plant expertise specific to the Ashland environs were
reviewed and made suggestions on the draft plants lists including Donn Todt,
Ashland Parks Horticulturist, Ann Rich, Assistant Ashland Parks Hortictiturist,
Chris Chambers, Ashland Fire Forest Resource Specialist and Dr. Frank Lang,
Professor Emeritus SOU. Staff reported that the general recommendation of the
professionals consulted with plant expertise is that the preferred method is to
develop plant lists specific to the ecosystems of Ashland, as opposed to relying
Findings of Fact and Conclusions of Law Page 7
on state lists of a more general nature.
(i) Opponents argued that the ordinance was developed by city planning staff
and did not include sufficient technical review and inputby persons with
scientific expertise in stream ecology, botany or hydrology. Chapter 18.63 was
reviewed by a variety of specialists with scientific expertise and experience with
stream environments including Paul Fishman, Ecologist, Kent Smith,
Hydrologist, Jeannine Rosa, Fish Biologist, Amanda Puton, Natural Resource
Specialist, Frances Oyung, Ashland Watershed Assessment and Action Plan
project team, John Ward, Ashland Watershed Assessment and Action Plan
project team, Ann Rich, Assistant Parks Horticulturist andDonn Todt, Parks
Horticulturist. While the science of water resources is one component to consider
in updating the local wetland, stream and riparian corridor regulations, the
workability in planning applications, compliance with the Oregon Statewide
Planning Program and integration of community values are of equal importance.
In this area, the Planning Commission as well as city planning and legal staff
have spent considerable time in public hearings, and review and revision of the
new ordinance.
(j) Concerns were raised regarding inadequacy of the citizen involvement
process, and the need to involve technical advisory committee. In terms of public
participation, the project began with two public open houses to discuss the
project and the wetlands and riparian corridor inventory work in June 2003 and
March 2003. Subsequently, the Wetland and Riparian Technical Advisory
Committee was formed, and commented on the format and content of the
ordinance. Finally, beginning in April 2008, the formal public heaing process
began. The Planning Commission held a public workshop on April 22,2008;
public hearings on May 13, 2008, June 10, 2008, June 24, 2008, July 22, 008,
September 9, 2008 and October 28, 2008; and deliberations on October 28 and
November 6, 2008. In addition, the Planning Commission held two site visits on
July 7, 2008 and July 17, 2008. All Planning Commission meetings and site visits
were properly noticed. The City Council held a public hearing on April 21, 2009
with the record left open for written comments to May 19, 2009. The City
Council held deliberations on May 19, 2009, July 21, 2009, August 18, 2009 and
September 8, 2009. In addition, the City Council conducted site visits on April 9,
2009 and April 15, 2009. All Planning Commission meetings and site visits were
properly noticed. Hard copies of all project materials have been on file for public
review throughout the process, as well as on the project web page at
www.ashland.or.us/waterresouces. The project web page has been updated
throughout the public hearing process with meeting materials as well as the
record. See finding (i) regarding professional technical involvement in Chapter
18.63 development.
Findings of Fact and Conclusions of Law Page 8
(k) Concerns were raised regarding the integration of theflood plain regulation
in Chapter 18.62 and Chapter 18.63 into one chapter. The conclusion was that the
regulations should be separated because the chapters serve different purposes.
The flood plain regulations are for public safety purposes, and while the water
resource protection zones have some flood control functions, the additional
function addressed are water quality and providing habitat and food for fish and
wildlife.
(1) Concerns were raised regarding an educational component to provide
property owners with information on wetland and riparian corridor land
management. Arguments were made the regulations should not be requirements,
but rather guidelines with educational program. The Council recognized the
need for more training of the land owners about wetlands andstream
management, as well as assistance with restoration and enhancement projects.
The Council considered the idea of guidelines andeducation in lieu of standards,
protection zones, and rules, but in the end determined there was history to show
that education and enforcement are not stand alone solutions, and must be
buttressed by effective regulations.
(m) Opponents argued that the changes to Chapter 18.62 Physical and
Environmental Constraints were not sufficiently noticed. Chapter 18.62 as well
as Chapter 18.108 Procedures were revised for consistency with the new Chapter
18.63. The amendments to Chapter 18.62 involve the deletion of the riparian
corridor development standards because the new Chapter 18.63 is an update of
those previous development standards. Additionally, some terminology is
modified for consistency with Chapter 18.63. The changes to Chapter 18.108
involve the addition of the three new planning approvals included in Chapter
18.63 to the list of Type I and Type 11 procedures. The amendments to Chapter
18.63 and 18.108 simply provide consistency throughout the Ashland Land Use
Ordinance (ALUO), and do not involve the addition of new regulations which
would affect the permissible uses of a property.
(n) Concerns were raised by building owners in the downtown and on Water
Street regarding the ability to replace their nonconforming structures in the event
of a flood, natural hazard or fire. In converse, environmental concerns were
raised regarding not allowing nonconforming structures and uses to remain in
perpetuity, and the need to have a goal of removing nonconforming uses and
structures in water resource protection zones. Many of the properties in question
are historic structures built in close proximity to Ashland Creek, of whidi have
sustained damage in flood events, most recently the 1997 New Year's flood. In
the original draft of Chapter 18.63, a planning approval was required to replace a
nonconforming structure. The ordinance was revised to exempt the replacement
of nonconforming residential principal buildings and nonconforming non-
Findings of Fact and Conclusions of Law Page 9
residential structures, while the requirement for a planning approval was
retained for the replacement of nonconforming accessory structures in residential
zoning districts.
Conclusion: For the above stated reasons, and based on information found in
the record of these proceedings, the Council finds and determines that the
proposed wetland and riparian corridor program complies with Goal 5 and its
implementing rule. The program consists of inventories of significant wetlands
and riparian corridors, and comprehensive plan policies that commit the City to a
protection program embodied in Ashland Land Use Ordinance Chapter 18.63
Water Resource Protection Zones. The City has updated existing regulations to
provide consistency with the requirements of OAR 6611023-0100(4)(b) (safe
harbor provisions for wetlands) and OAR 660.023-0090(8) (safe harbor provisions
for riparian corridors) as well as OAR 660.023-050 (standard Goal 5 process for
wetlands and riparian corridors).
EVALUATION AND COUNCIL FINDINGS:
B Consistency with the Ashland Comprehensive Plan.
1. The LWI was adopted as a supporting document to the Ashland
Comprehensive Plan
2. The proposed implementation program is consistent with and adEquate
to carry out Goals and Policies in the Ashland Comprehensive Plan.
Chapter IV Environmental Resources
Goal: Protect the quality of riparian resource lands and preserve their
wildlife habitats.
Policy 18: Identify, protect and seek conservation easements
throughout significant riparian areas (streams, stream banks and flood
plain areas), and wildlife habitat areas.
Policy 19: Encourage more public access to waterways but define
what public activities can take place. Ensure that such access doesnot
result in water and visual pollution.
Policy 20: Where possible, utilize water-related areas for visual relief
pockets of wildlife habitat, landscaping amenities, natural site design
elements, recreational uses, bike paths and pedestrian and jogging
trails.
Findings of Fad and Conclusions of Law Page 10
Policy 21: Utilize local resources to form a technical advisory
committee to identify plants and animals which rely on riparian
habitat for their continued existence. Retaining these areas in a
natural state should be of high priority and development should
consider and accommodate the habitat utilized by these plants and
animals.
Goal: To preserve and protect significant wetlands and to mitigate
potential impacts on these areas due to development and conflicting uses.
Policy 22: Evaluate the quantity and quality of wetland resources
inside the City Limits and within the Urban Growth Boundary
through the compilation of an inventory of significant wetlands.
Policy 23: Develop site review procedures and performance
standards using buffering techniques setbacks and mitigation
measures to reduce the impacts of development on significant
wetland areas.
Policy 24: The City should actively pursue the use of Transfer of
Development Rights dedications, direct lease arrangement and
purchase or other acquisition strategies as viable methods for
preserving and insuring public access to significant wetland areas.
Policy 25: Examine the Physical and Environmental Constraints
chapter of Ashland's Land Ordinance concerning wetland and
riparian areas, and insure that existing zoning regulations maintain
these valuable areas in a natural state.
Policy 26: Utilize local resources to form a technical advisory
committee to identify potential plants and animals which rely on
wetland habitat for their continued existence. Retaining these areas in
a natural state should be of high priority and development should
consider and accommodate the habitat utilized by these plants and
animals.
Conclusion: The Council finds and determines that the proposed wetland and
riparian corridor program complies with applicableAshland Comprehensive
Plan Goals and Policies. The program consists of inventories of significant
wetlands and riparian corridors, comprehensive plan policies that commit the
City to a protection program and regulations implementing the protection
Findings of Fact and Conclusions of Law Page 11
i
program in Ashland Land Use Ordinance Chapter 18.63 Water Resource
Protection Zones.
OVERALL COUNCIL CONCLUSIONS
1) The inventory of significant riparian corridor resources was completed, adopted and
submitted to the State in 1987. Additional information on the riparian corridors
including an evaluation of the general stream characteristics, hydrology, adjacent
land form and vegetation is included in the Local Wetlands Inventory (LWI).
2) The LWI has been completed and approved by the Division of State Lands on March
21, 2007.
3) Oregon Statewide Planning Goal 5 is met with the completion of this action.
4) Ashland Comprehensive Plan goals and policies have been met as regards Goal 5
natural resources with the completion of the action.
5) Any federal or state statutes or guidelines found applicable have been complied with
as is applicable and/or possible with the completion of this action.
6) The sections of Ashland Land Use Ordinance Chapter 18.62 Physical and
Environmental Constraints regulating the protection of riparian corridors havebeen
repealed and replaced with Chapter 18.63 Water Resource Protection Zones
7) Oregon Revised Statute Chapter 197 and Oregon Administrative Rules Chapter 660,
Division 023 has been fulfilled as regards Goal 5 natural resources with the
completion of this action.
8) Testimony and evidence in the record supports the recommendation of the Planning
Commission and the final decision of the City Council.
9) OAR 660-023 only requires that the listed significantresources must be protected.
10) The proposed implementing rules incorporate OAR 660-023-100(4)(b) requirements
for Wetlands and OAR 660-023-090(8) requirements for Riparian Corridors as well as
OAR 660-023-050 (standard Goal 5 process for wetlands and riparian corridors).
11) The proposed protection zones are justified by testimony and evidence in the record
but are not absolutes.
12) The Ashland Planning Commission has recommended adoption of the new Chapter
18.63 and other amendments to the existing Ashland Land Use Ordinance.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record, the City Council hereby APPROVES the
ADOPTION of the following amendments to the Ashland Land Use Ordinance and
Ashland Comprehensive Plan as reflected in three distinct ordinances
• Chapter 18.63 Water Resource Protection Zones is to be added to the Ashland
Land Use Ordinance.
• Chapter 18.62 Physical and Environmental Constraints and Chapter 18.108
shall be amended to provide consistency with the new Chapter 18.63 Water
Resource Protection Zones
Findings of Fad and Conclusions of Law Page 12
• Chapter IV Environmental Resources of the Ashland Land Use Ordinance
shall be amended to add new and updated resource maps and adopt the
Local Wetlands Inventory as a supporting document.
Ashland City Council Approval
John Stromberg, Mayor Date
Signature authorized and approved by the full Council this 15th day of December, 2009
Attest:
Barbara Christensen, City Recorder Date
Approved as to form:
Ashland City Attorney Date
Findings of Fact and Conclusions of Law Page 13
CITY OF
ASHLAND
Council Communication
Citizen Budget Committee Appointments
Meeting Date: December 15, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb@ashland.or.us
Secondary Dept.: none Secondary Contact: none
Approval: Martha Bern Estimated Time: 15 minutes
Question:
Shall the Mayor and Council approve appointments for three positions open on the Citizen Budget
Committee with one term ending December 31, 2011 and two with terms ending December 31, 2012?
Staff Recommendation:
None
Background:
These vacancies occurred upon the term endings of Dee Anne Everson and Arlen Gregario. In addition,
Bill Heinmann submitted his resignation from the Committee with a term ending December 31, 2011.
Proper notice was made in our local newspaper of the vacancies and four new applications were
received.
Request for re-appointment is made by Dee Anne Everson. New applications were received by Keith
Baldwin, Michael Hersh, Ron Kramer, Eugene Miller and David Runkel.
Related City Policies:
Oregon Budget Law ORS Chapter 294
Council Options:
Approve one applicant for Citizen Budget Committee with term ending December 31, 2011 and two
applicants with term ending December 31, 2012.
Potential Motions:
Motion to approve to the Citizen Budget Committee with term ending December
31, 2011 and and to the Citizen Budget
Committee with term endings December 31, 2012.
Attachments:
Applications
Page 1 of I
~r,
Keith M. Baldwin
1176 Beswick Way
Ashland, Oregon 97520
541-482-2166
November 4, 2009
Ms. Barbara Christensen
City Recorder
City of Ashland
20 East Main Street
Ashland, OR 97520
Subject: Letter of Interest, vacant Citizen Budget Committee position
To the Mayor and City Council of Ashland:
I wish to be considered for appointment to one of the vacant positions on the Ashland Citizen Budget
Committee.
As a way of giving back to the community in which I live, I'd like to contribute my skills and
experience to helping meet and manage the financial challenges Ashland faces. I've lived in Ashland
for more than four years, after retiring from a 38-year career with IBM. I have a bachelor of science
degree in engineering from Harvey Mudd College, with graduate work in electrical engineering at the
University of Pennsylvania and Penn State University. My professional experience is in engineering,
product management, marketing and business development, and includes contract negotiation,
developing business partnerships, and fifteen years in management.
I believe that I can make a meaningful contribution to the Ashland budgeting process and hope that I
will have the opportunity to do so through membership in the Citizen Budget Committee. Thank you
for your consideration.
Sincerely,
6j~ 97 gxu
Keith M. Baldwin
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebPashland or us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Keith M. Baldwin
Requesting to serve on: Citizen Budget Committee
Address 1176 Beswick Way, Ashland, OR 97520
Occupation Retired Phone: Home 541-482-2166
Work N/A
Email kbzray@netscape.net
Fax 541-482-2166
1. Education Background
What schools have you attended?
Harvey Mudd College, University of Pennsylvania, Penn State University
What degrees do you hold?
B.S. Engineering
What additional training or education have you had that would apply to this position?
College courses in economics, IBM training courses in financial management and
marketing, work experience with Defense Department procurement and accounting
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Fifteen years in management at IBM, including product and services management
with personnel and profit and loss responsibility. Managed projects having multi-
million dollar budgets. Five years experience selling products and services to the
U.S. Department of Defense, which included participating in multiple large RFPs
and bids. Implemented an appropriation accounting system for the Naval Aviation
Supply Office.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Yes. I'm unfamiliar with many of the laws and parameters that govern municipal
budgeting generally, as well as those specific to Oregon. My potential contribution
would probably be improved with some focused education in these subjects.
3. Interests
Why are you applying for this position?
I'm the beneficiary of the efforts of many others who have served Ashland before
me and I'd like to give back to the community in a way that brings the most value
from my skills, experience and problem-solving abilities. Rather than just
observing Ashland's financial challenges with concern, I'd like to contribute to
resolving them. Serving on the Citizen Budget Committee seems to me to be the
most effective way I can do this.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. My only potential conflicts are with Siskiyou Singers rehearsals on Tuesday
evenings from September through early December and February through early
May, and with once-monthly board of directors meetings of the Siskiyou Singers
and the Rogue River Valley University Club. I would generally somewhat prefer
day meetings, although I have considerable flexibility in my schedule.
5. Additional Information
How long have you lived in this community? Four and a half years
Please use the space below to summarize any additional qualifications you have for this
position
1) Considerable experience with collaboration and teamwork in a work
environment
2) Strong problem-solving ability
3) Comfortable working with complexity
4) Comfortable moving between detail and "the big picture"
November 4.2009
Date Signature
10/5/2009 Barbara christensen - RE: Citizen Budget Committee.- reappointment Page 1
From: "Dee Anne Everson" <deeanne@jeffnet.org>
To: Barbara christensen"' <christeb@ashland.or.us>
Date: 10/5/2009 12:29 PM
Subject: RE: Citizen Budget Committee - reappointment
If it were the pleasure of the council and the staff, I'd apply for
reappointment. Thanks for the opportunity.
---Original Message-
From: Barbara christensen [mailto:christeb@ashland.or.us]
Sent: Monday, October 05, 2009 10:26 AM
To: deeanne@jeffnet.org; ashlandbilll@yahoo.com
Subject: Citizen Budget Committee - reappointment
Bill and Dee Anne... you terms on the Citizen Budget Committee are due to
expire on December 31, 2009.
Would you please notify me in writing no later than November 6, 2009 if you
would like to request reappointment. to this committee.
Thank you so much for all your time that you have given to the City. Barbara
Barbara Christensen
City Recorder/Treasurer
City of Ashland
Ashland OR 97520
(541) 488-5307
PUBLIC RECORDS LAW DISCLOSURE
This is a public document and is subject to the Oregon Public Records Law.
Messages to and from this email may be available to the public.
No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 8.5.409 / Virus Database: 270.14.3/2413 - Release Date: 10/05/09
06:19:00
~d f'4 CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
„ City Hall, 20 l Main Street, or email clu istebnashland.orm . If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Dee Anne Everson
Requesting to serve on: Budget Committee (Commission/Committee)
Address: 1442 Windsor St., Ashland, OR 97520
Occupation: Executive Director, United Way_ Phone: Home: 482.8983_
Work: 773.5339
Email: decanne(a)jeffnet.org
Fax: 482.8993 or 773.7042
1. Education Background
What schools have you attended? Stanford University Nonprofit Leaders Program
What degrees do you hold? High School Diploma
What additional training or education have you had that would apply to this position?
I believe the Stanford University Nonprofit Leaders Program is extremely beneficial as
well as Rapport Leadership International Leadership 1. I have attended numerous
trainings and conferences I believe would be beneficial.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Previous to United Way, for the past 9 years. I was an economist. I served 13 years with
Valley National Bank in Phoenix Arizona and 3 years with the Greater Seattle Chamber
of Commerce as their economist. Additionally I have chaired the RVTD budget
committee and served as vice chair as well. 1 am a member of the Rogue Valley Council
of Governments budget committee also. For the past 15 years I have developed,
implemented and managed budgets that I was directly accountable for.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
While I do feel that I could bring positive experience to the budget committee, I have a
deep commitment to life long learning and could always strengthen my skills.
3. Interests
Why are you applying for this position?
I have wanted to be in service to my town for some time and have shared it with many
people. The opportunity was pointed out to me and I feel I would grow and 1 would
bring skill to the position.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I do control my own schedule and if meetings were scheduled enough in advance to
accommodate the rest of my commitments I could make day meetings. I prefer day
meetings over evening because I'm fresher during the day although I would commit to
attendance in the evenings.
5. Additional Information
How long have you lived in this community?
We move to Ashland in January 1994. We lived here for 7 months and moved to Tucson,
Arizona. Within two month of being there we knew we wanted to be back in Tucson.
Upon conclusion of the academic year at U of A, we returned in May 1995 and have been
here since. So we've been here just over 10 years at this point in time.
Please use the space below to summarize any additional qualifications you have for this
position
I have been committed to community in each community where I have lived. I have
attached my resume to provide additional information. I look forward to the opportunity
to serve if approved. Thank you.
Date Signature
~a,
Dee Anne Everson
1442 Windsor St., Ashland, OR 97520
(541)482-8983 (home); (541)601-1685 (cell)
deeanne@jeHnecorg
Qualifications:
Over 25 years progressive management responsibilities:
* Leadership/Management * Strategic Planning
* Mission Development * Public Speaking/Presentations
Retreat Planning/Facilitation * Outcomes Based Evaluation
Business/Profit Planning * Customer Service
Research/Analysis * Publications/Events Production
* Development/Membership * Staffing/'Training
Work Experience:
1/96-present United Way of Jackson County, Executive Director, Medford, OR
Reipazcibililies. Executive Director, $1.3 million budget, board of directors of 30, staff of 4,
responsible for community building, raising and allocating funds. Community
building work has included an active role in bringing the Building a Learning
Community Core Course to the Rogue Faller, the Meth Summit and Task Force
and the Poverty Summit. Have increased member agencies from 19 to 34 and
programs from 23 to 47 since 1997. Have increased fundraising and community
building opportunities. Implemented outcomes-based evaluation. Implemented
Day of Caring - largest community volunteer event annually. Conducted bylaws
and governance reviews. Promoted to executive director November 1997. Prior
positions include acting director, campaign/fund distribution manager and needs
assessment analyst.
8/94-12195 Independent Economic Consultant, Tucson, AZ
Ili comrplirliments: Various projects including solid waste management, market research,
demographic and real estate fcasibilin studies.
1/94 - 7/94 Arts Council of Southern Oregon, Membership Coordinator,
Medford, OR
laomplishments: Redesigned sponsorship programs and directed most successful campaign in the
organization's history. Introduced cost-saying methods for membership
programs. Designed and conducted first membership survey. Increased
business sponsorships by 30 percent and increased retention by 5 percent.
Everson
Page 2
8/90- 12/93 Greater Seattle Chamber of Commerce, Economist & Research
Manager, Seattle, WA
Ac ompliAments. Increased number of publications available for sale by 165 percent in three (rears.
Increased income by 44 percent in three years, turning department from net cost
to net income of $150,000. Reduced expenses by 6 percent annuall,.
Substantially reduced errors in directories. Assisted with total quality and
diversity implementation. Completed annual fundraising for Washington World
Affairs Fellows.
5/78-6190 Bank One (Valley National Bank of Arizona), Economic Analyst,
Phoenix, AZ
Atmmpli.dmrentr 1986-90 - Economic- Ltalyrt, Corporate 00'er researched, wrote and edited Arizona
Progress, researched Arizona Statistical Review, acted as economic bond
consultant for City of Phoenix, monitored metro economics, handled media
inquiries, conducted Arizona Business Confidence Survey.
IemmpluGmentr: 1983-86 - Funds Alanagemenl.9nalyst. Corporate 0#i~er. Monitored overnight flow
of funds, business/profit planning for seven divisions, prepared presentations to
board of directors and analysts, and implemented the asset/liability management
model.
.'Itrompli h"IeWs. 1978-83 -,-ldmiui friths- Isijlant: Prepared interest sensitivity analysis, funds
management flows and business/profit plans for division. Began as an entry-
level employee.
Special Skills:
Common sense. Good sense of humor. Strong team builder and coach. Organized. Able to
manage multiple priorities. Strong communication (written and verbal) and customer relations skills.
Work well under pressure and with all kinds of people. Computer literate with numerous software
packages.
Everson
Page 3
Publications:
United Way of Jackson County, Annual Report 1996-2001
Jackson County Human Service Needs Assessment Study, June, 1996
Bucks, Volume I, Issue 1 1994 (editor for North American economic newsletter for teens)
the Entrepreneurial Guide to Research Departments, ACCRA Monograph, 1994
Greater Seattle Business Development Reports 1991-1993
Asia Pacific Economic Cooperative (APEC) International Media Guide 1993
Info-Guide Economic articles 1991-1993
Arts Access Response 'learn Survey on Accessibility to the Arts Statewide Survey 1993
Women Involvement in the Greater Seattle Chamber of Commerce Study 1992
Strategic Plan for Seattle Mime Theatre 1992
Northwest Folklife Focus Group Moderator and Report 1992
Seattle Children's Museum Focus Group Moderator and Report 1993
Marketing Non-Profits in the 1990s (editor)
Arizona Progresses 1986-1990 (VNB monthly economic newsletter)
Arizona Statistical Reviews 1986-1990 ('NB annual econonnc review of Arizona)
Professional/Community Organization Involvement/Recognition:
Isliland Oregon Busines Magazine named one of Oregon's 50 Great Leaders 2005
SODA Red Ribbon Essay Jduge
Oregon United Ways, President 2000-2001
Rogue Valley Civic League, Board Member
Evergreen Bank, Board Facilitator
Gold River Distributing, Retreat and Planning Consultant
Rogue Valley Council of Governments, Budget Committee
Rogue Valley Transportation District, Budget Committee, (:hair
Rogue Valley Transportation District, Policies and Procedures Committee
Emergency Food & Shelter Program (FEMA) Board Jackson Count' Member
nledford/Jacks-on County Chamber of Commerce, Legislation Action Committee
Klamath Open Door Family Practice, Board Strategic Planning Consultant
Oregon Primary Care Association, Board Strategic Planning Consultant
Samaritan Counseling Service, Board Strategic Plamung Consultant
Rogue Valley Civic League Facilitator
Leadership/ Integrity Award from SODA
Ashland Daily Tidings Reader Panel
Ashland Schools Foundation Board Retreat Facilitator
Ashland Resilience' Coordinating Council, co facilitator
Ashland High School Senior Project Judge
Art\X'ork Enterprises, Inc. Board Facilitator
Arts Council of Southern Oregon Board Facilitator/Development Committee
Ashland Senior Project judge
Everson
Page 4
Tucson: a.k.a. Theatre board Retreat Facilitator
Goddard for Governor Campaign
Sealtle: Business Volunteer for the Arts Volunteer of the Year 1994
Asia Pacific Economic Cooperative International Media Center Volunteer
Graduate AM Political Involvement Institute (campaign and election school)
Seattle Times Reader Panel
Grant Writer for Zion Preparaton• Academv
ACCRA (a business organization of economic researchers) Member
Puget Sound Research Forum Board Member
Seattle Economists Club
Pboeniis: Academic Decathlon f udge ,
Glendale Public Schools Volunteer Tcacher
West Valley Child Crisis Center
Arizona AIDS Project
Junior Achievement Advisor
Financial Women International
Valbanqueras (Valley Bank Women) Annual Auction Chair
03 November, 2009
City Recorder
City Hall
20 East Main Street
Ashland, OR 97520
Subject: CITIZEN BUDGET COMMITTEE VACANCY
Reference: Notice in the Ashland Tidings
Attachment: Application for Appointment
Ms. Christensen:
I request appointment to the Citizens Budget Committee.
I am an Ashland home owner, resident and active volunteer who also does a bit of
Aerospace Consulting from home (reg. # BL-000993). After a 40 year career in
Aerospace my wife Char and I bought our home in1999 and moved here in 2001.
As you can see from my attached Application, I have been an active community
resident, volunteering for a number of local non-profits and serving on two Boards of
Directors.
I have applicable education and experience to qualify me for this committee. In
additional two technical degrees and Professional Engineering Registration, I have an
MBA and Program Management Certificate and I have taken courses in accounting,
economics, contracts and negotiation. I have managed Aerospace hardware programs
and have negotiated over 100 contracts with a combined value of over $200 Million.
I care about this City and would like an opportunity to make a meaningful contribution to
its economic well being and financial success.
Sincerely,
Michael S. Hersh
932 Morton St., Ashland
(541) 552-0698
mhersh@ieffnet.org
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(d),ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Michael S. Hersh
Requesting to serve on: CITIZEN BUDGET COMMITTEE
Address: 932 Morton St. Ashland, OR 97520
Occupation: Retired + Part-Time Consulting Phone: Home: (541) 552-0698
Work: None
Email: mhersh@jeffnet.org
Fax : (541) 552-0698
1. Education Background
What schools have you attended? Stevens Institute of Tech. & San Diego State U.
What degrees do you hold? BE (General Eng'g); MS (Metallurgical Eng'g);
MBA (Focus in Organizational Dev.);
What additional training or education have you had that would apply to this position?
I am a Registered P.E. (Metallurgy) in CA; I am a graduate of the DOD, Defense
Systems Management College 5-month Program Management Course, I have completed
three Management Institute Seminars on Contract Negotiation.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
During 45+ years in the Aerospace industry working for both large and small
companies, I have held the positions of engineer, engineering specialist, functional
manager, program manager and Marketing & Business Development Manager. I have
negotiated over $200M in contracts varying in size from $50,000 to $10,000,000 with
both domestic and foreign Corporations plus NASA, USAF and USN.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Yes; to increase my knowledge of municipal financing and budgeting processes.
cra
3. Interests
Why are you applying for this position?
I am a home-owning, tax-paying resident, who has volunteered thousands of hours in
Ashland, and I have an interest in participating in the Ashland Budget Process.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes, I would make myself available, as needed. I would prefer afternoon meetings as
most of my volunteer activities are in the mornings or evenings. However, I can adjust
my schedule, as required.
5. Additional Information
How long have you lived in this community? 8+ years. (Home Owner 10+ years.)
Please use the space below to summarize any additional qualifications you have for this
position:
• I served as Treasurer and am an Officer of my Homeowner's Association Board
of Directors (Park Estates)
• I served as Treasurer and am on the Board of Directors of the Southern Oregon
Repertory Singers
• I served as President and as Treasurer of two Homeowners Associations in
Southern California.
• I am an active volunteer with:
o City of Ashland (Mail Courier)
o Ashland Police Department (VIP)
o JPR (Pledge Drives)
o Meals - on - Wheels (Deliver to shut-ins)
o Science Works Museum (Exhibit Interpreter and School Programs)
o Oregon Shakespeare Festival (Volunteer Usher & Special Events)
o Tudor Guild (Cashier, Theatres and Kiosk)
Date: 03 November, 2009 Signature
IL,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb ashim .or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Ronald Kramer
Requesting to serve on: Citizen Budget Committee
Address: 120 Winter St., Ashland OR 97520
Occupation: Executive Director, Jefferson Public Radio/SOU
Phone: Home: 482-4944
Work: 552-6301
Email: rkramer@ieffnet.org
Fax: 552-8565
1. Education Background
What schools have you attended? B.A., Baldwin-Wallace College, Berea Ohio;
M.A. Northwestern University, Evanston, Illinois.
What degrees do you hold? B.A. in Speech and B.A. in History; M.A. in
Ra d io/f el evil i on-Film
What additional training or education have you had that would apply to this position?
Executive Management Training Program (certificate), Harvard School of Business,
.Cambridge, MA, 1981; Advanced Management Training Program (certificate),
Univ. of California, Berkley, CA, 1993.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have served as the CEO for both Jefferson Public Radio and the JPR Foundation
for 35 years with overall responsibility for management of a sizeable multi-
dimensional non-profit enterprise. 1 am familiar with both the public and private
sectors, nonprofit budget prioritization challenges, and the culture and processes
which attend government bodies.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? While I am familiar with government
accounting (through my work at SOU/Higher Education), municipal accounting is
likely to be somewhat different and individual cities, such as Ashland, may
additionally have special approaches. I suspect it might be useful to have some
training in such areas.
3. Interests
Why are you applying for this position? Having lived in Ashland for 35 years, I
have observed the city's growth, its development of numerous amenities along with
its current struggle with fiscal challenges accentuated by the current economy. To
the degree that I would be helpful in assisting the City in addressing those issues, I
would be happy to do so. While I had not seriously given this matter thought in the
past, I was recently encouraged to consider applying to serve on the Budget
Committee and, on reflection, concluded this was something to which I think I could
usefully contribute and for which I can allocate the necessary time.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Within reason, I could attend
special meetings. In general, I would strongly prefer evening meetings but could
participate in day meetings on an occasional basis.
5. Additional Information
How long have you lived in this community? 35 years
Please use the space below to summarize any additional qualifications you have for this
position
November 11, 2009
Date Signature
Eugene T. Miller
170 Logan Drive
Ashland, Oregon 97520
November 3, 2009
City Recorder
20 East Main Street
Ashland, OR
Dear Sir and/or Madam:
Please accept this as a letter of interest to accompany my application for
appointment to the Citizens' Budget Committee of the City of Ashland.
Currently I reside at the address above and have lived in Ashland for the past
two years.
I believe that my application states my pertinent background and qualifications.
However, l can be reached for questions and clarification in the following ways:
Home telephone: 541 488 9741
Cell: 541 326 1990
Email: milhardt@mac.com
Sincerely,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christgb(a ashiand.or us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Eugene T. Miller
Requesting to serve on: -Citizens' Budget Committee- (Commission/Committee)
Address 170 Logan Drive Ashland, OR 97520
Occupation Retired / Investor Phone: Home _541488 9741
Cell_5413261990_
Email_milhardt@mac.com
Fax
1. Education Backaround
What schools have you attended?
-North Phoenix, Ariz. High School, Arizona State University, UCLA and Pomona College
What degrees do you hold? B.A., Pomona College, 1971
What additional training or education have you had that would apply to this position?
_Licensed and bonded with the SEC, continuing college-level courses in business,
finance, real estate and economics.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
1972-1982 City of Los Angeles, Special Events Coordinator
1982 -1992 Merrill Lynch, Vice President, Investments
_1992 - 2000 Morgan Stanley, Vice President, Retirement Specialist
2002 - 2006 CLARE Foundation, Santa Monica, CA., Board of Directors (volunteer)
"'see Additional Information. below.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
_I strongly believe in on-going professional and personal education.
~r,
3. Interests
Why are you applying for this position?
-Service to my community is one of my personal beliefs.
I also believe my experience in finance and not-for-profit groups could be useful to the
City of Ashland's Citizens' Budget Committee to help assure that the City's budget and
fiscal practices address the priorities of the City Council and Parks Commission.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
-Yes. Advance notice is necessary because of prior commitments. My best times
are mid-weekday afternoons.
5. Additional Information
How long have you lived in this community? 2 years
Please use the space below to summarize any additional qualifications you have for this
position.
-City of Los Angeles - Special Events Coordinator.
Designed and coordinated festivals for the City of Los Angeles.
Experience with city budgets and volunteer funding.
-Merrill Lynch & Morgan Stanley- Vice President Retirement Plan Specialist
$120 million under management, +400 accounts, High net worth portfolios.
-CLARE Foundation - Treasurer, Board of Directors (volunteer)
501(c)WQ(3) foundation. Supports recovery from alcohol and drug abuse.
5 recovery and sober living locations. $8 million annual budget.
Date nature
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb~ashland.or.u . If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
9) Zgt
Name David Runkel 10V7 vz~~
Requesting to serve on: Citizen Budget Committee Y.
Address 586 E. Main Street
Occupation Innkeeper Phone: Home 488-1050
Work 488-1050
Email runkels@silvercommunications.org
Fax 488-1050
1. Education Backeround
What schools have you attended? Penn State
What degrees do you hold? B.S. Economics
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
As a reporter for 20 years I read, analyzed and wrote about municipal, state and federal
budgets. In government, I administered annual budgets and in the private sector, I've run
successful businesses overseeing staff and budgets.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Yes Why? I'm always open to learning.
3. Interests
Why are you applying for this position? The city's income and spending plans are of
interest to me, and as a taxpayer and a collector of taxes for the city I believe I could
bring a slightly different perspective to the city's budget deliberations.
4. Availability
5. Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Yes Do you prefer day or evening meetings? Evening
6. Additional Information
How long have you lived in this community? Moved to Ashland on July 4, 2002
Please use the space below to summarize any additional qualifications you have for this
position
Over the years, I worked cooperatively with a wide variety of people with differing
points of view. I can differ with someone on an issue while respecting that person's
perspective. In Baltimore, I served on a neighborhood community committee that raised
money and built an innovative playground, designed with the help of a child psychiatrist
from Johns Hopkins University working with local school children. Later, I clerked the
Board of a national Quaker magazine during a period of severe budget and leadership
issues. And, in Ashland, I've chaired Ashland's Bed and Breakfast Network during a
period when the organization first sought and received funding to support our marketing
efforts from the city and from TravelOregon. We were the first Southern Oregon
organization to receive a TravelOregon grant and have been awarded grants the past two
years. This year our grant was for $6,000, the exact amount we requested and 10 percent
of all of the grant money awarded by the state's official travel organization to local
groups.
t 61-2-L j2
Date Signature
~r,
Budget Committee Appointment Ballot Countj
2012
Round 1
c4 1 ~-I~( 20l
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer I IT
Round 3
Dee Anne Everson Keith Baldwin I
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Budget Committee Appointment ~OIZ
Round 1
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel ✓ Ron Kramer ✓
Round 3
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel ✓ Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Mayor Stromberg
(S' n ere)
Budget Committee Appointment
Round 1
Dee Anne Everson Keith Baldwin {J
Michael Hersh Eugene Miller
David Runkel Ron Kramer p
Round 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 3
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
7)7A Councilor Eric Navickas
( here)
~e.+-vv~ ev1~,r~~~1~1~ZOIZ
Budget Committee Appointment
Round 1
Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 2
Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 3
0 Keith Baldwin
Michael Hersh Eugene Miller
David RunkelRon Kramer
Round 4 J
Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
G(JCTo-"V o(~ Councilor Carol Voisin
(Sign here)
+Z~re ► -4"dtA
Budget Committee Appointment
Round 1
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 3
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Councilor Greg Lemhouse
(Sigi er
II
Budget Committee Appointment
Round 1 l 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 2
Keith Baldwin
Michael Hersh Eugene Miller
David Runkel _i.. Ron Kramer
Round 3
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
\t9 xro J Councilor Kate Jackson
(Sign here)
I
~et m ~t
Budget Committee Appointment
Round 1
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 3
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Councilor Russ Silbiger
(Sign here)
Budget Committee Appointment 0-0
Round 1 r~~61 1 \ l
Dee Anne Everson Keith Baldwin x
Michael Hersh Eugene Miller 77~~
David Runkel Ron Kramer
Round 2
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 3 777~~~~
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Round 4
Dee Anne Everson Keith Baldwin
Michael Hersh Eugene Miller
David Runkel Ron Kramer
Councilor David Chapman
(Sign here)
CITY OF
ASHLAND
Council Communication
Stage 1 Water Curtailment Debriefing
Meeting Date: December 15, 2009 Primary Staff Contact: Michael R. Faught
Department: Public Works E-Mail: faughtm@ashland.or.us
Secondary Dept.: N/A Secondary Contact: Terry Ellis
Approval: Martha Bennet Estimated Time: 20 minutes
Question:
Does the Council have feedback on staff's Stage I Water Curtailment debriefing and will Council
approve staffs request to amend the current water curtailment ordinance to address issues identified
during curtailment in 2009?
Staff Recommendation:
Staff recommends that Council hear a debriefing on the Stage 1 Curtailment declared by the City
Administrator and ratified by the City Council August 25, 2009 and authorize staff to amend Ashland
Municipal Code (AMC) 14.06.
Background:
This memo highlights the effect of curtailment both operationally and financially. It also identifies
proposed amendments to the AMC to improve implementation of the water curtailment ordinance in
the future.
On August 8, 2009 Reeder Reservoir levels dropped below the standard drawdown curve as a result of
water demand exceeding water supply. In an effort to reduce the water demand the City implemented
a voluntary 20% water usage reduction on August 11, 2009. While Ashland residents responded and
generally met the 20% water usage reduction targets, about 1 Million Gallons per Day (MGD), the
Ashland Creek stream flows reduced at about the same rate.
By August 23, 2009, the reservoir levels dropped to 58% and based on the water demand at that time
staff was projecting that the reservoir levels would drop to the minimal 35% drawdown level by
September 19, 2009, creating a water emergency. The City then took prudent emergency action and
implemented Stage I Water Curtailment on August 25, 2009, in accordance with Ashland Municipal
Code (AMC) 14.06.
In addition to the water curtailment, staff began augmenting the raw water supply with Talent
Irrigation District (TID) water on August 26, 2009. The combination of adding TID water and
implementing Stage 1 Water Curtailment slowed the daily drawdown of the reservoir from .9% per day
to a range between 0% and.5% per day. The reservoir drawdown hit 54.3% on September 26 and then
the reservoir began to slowly refill from that point on. It started raining in early October and TID water
was discontinued on October 14, 2009. The water emergency and Stage I water curtailment program
was subsequently terminated on October 23, 2009.
The following Standard Reservoir Drawdown Chart graphically illustrates the need for the curtailment
action and the subsequent results of the program.
Page 1 of 6
PI,
CITY OF
ASHLAND
1009.11-20
Reeder Reservoir Draw .n
100
101172001 eMed
90 - - m rrdatory.w er _
curtailment.
80
e
70
8/102001 Stored
Water CudailmeM
60
8252009 Started Water Curtailment 8 10232009 endW
TIO Supplements' soppy started
50 - rnaudatory.water
wrtailment filling.
<0
o" 35% Mob Deal mole Le%vi
30
-~-20210y Hd. Lon
20- 9 213We auere9e
-iaree~
10 -e-2009
-2001 Last CunailmeM
Pa W W ~ etP { W P°9 y°Q ~T N' Q` Pc 2° 2° O°'4 )xc )eC ~n ~e° as ~ma ~,ga
^'Y~,~' ^p hs ~ 10' H ^g ti H ^"rye ^^,~H M H ryp T ^1'
G~uRwiksbngW8-S RiBMWelerRgnt Us.lEngrlBackgro,MSOP0020o&11-20 ReaOer Orawpvnnxls
Water Curtailment Debrief
What went well?
e 96.8 % Ashland residents responded and reduced water consumption for both the voluntary and
mandatory stage 1 curtailment programs.
e The Chamber and local Commercial businesses adapted quickly to the ordinance
e Staff operating as a team (finance, utility billing, public works, conservation, electric and
administration) set up the program quickly and efficiently.
e There were no taste and odor issues once staff began augmenting TID water as an emergency
raw water source.
e In September the TID Board agreed to reschedule setting a date to terminate TID water to their
October meeting.
e The TID manager and ditch rider assisted City staff to ensure that there was an adequate supply
of TED water to the Terrace Street Pump Station.
What went poorly?
e The TID distribution system had not been pressurized from Terrace Street pump station to the
water plant since it was last used in 2001. As a result staff had to quickly repair the following:
o Terrace Street wet well depth probe
0 18" actuator control valve
Page 2 of 6
,r,
CITY OF
-ASH LAN D
o 24" TID pressure line on Glenview Drive created a crack in the road when staff began
pumping water through the pipe.
• Past TID water taste and odor issues influenced staff to delay augmenting the raw water supply
with TID water.
• The water plant required 24/7 staffing thru the entire curtailment event in order to insure timely
chemical feed adjustments.
• No standard operating policy and procedures (SOPP) were in place to implement stage 1
curtailment program or the operation of the TID system.
• The Curtailment code language is out of date and created problems with billing cycles,
processing waiver requests (gardens and home owners associations), and allocations.
Financial Impact
The FY 2009-10 adopted budgets did not anticipate the need to augment the drinking water supply and
as such the following estimated costs will have to be funded by either reducing approved projects or
contingency funds. The estimated costs are as follows:
• TID water tests (20 different tests) $ 3,133.38
• System repairs (new starter) $ 2,100.00
• Overtime (emergency 12 hours shifts) $24,564.63
• Engineering Services $ 5,281.80
• Materials (door hangers, tent cards) $ 784.50
• TID Pump Electricity Costs $ 7,343.84
• Additional Chemical Costs $ 3,000.00
Total $46,208.15
Recommended Plan of Action
Staff is pleased to report that the 2009 water emergency and subsequent Stage 1 Curtailment program
was a success. This is significant given that the last time TID water was used to augment the raw
water drinking supply was in 2001. However, there is always room for improvement and as such
staff's review of the event has lead to a recommendation to address the following action items:
1. Develop a strategy to add TID water as a secondary raw water supply earlier in the season
2. Develop Standard Operation Standards for both curtailment stages and TID water
3. Re-Adjust Water Treatment Plant schedules to reduce overtime impacts
4. Include TID system upgrades/automation in 2010/11 fiscal budget
5. Amend the existing water curtailment code
When to add TID Water?
Developing a strategy to add TID water as a secondary raw water supply earlier in the season is
complex as there are many variables that have to be considered. Those variables include the snow
pack, snow melt, weather, summer rainfall, flows from Ashland Creek's east and west forks, water
demand, TID projected curtailment date and TED water supply.
Page 3 of 6
CITY OF
ASHLAND
As a follow up to the curtailment event, staff met with the Department of Human Services (DHS) (see
attached DHS letter) to further discuss the impacts of using TID water as a raw water supply source.
Based on the City's current use of TID water (intermittent and unpredictable), the TID water is
characterized as an emergency source of water. As such DHS has outlined the rules for use of an
emergency water source in the attached letter. The City does have the option of using TID water
annually as a seasonally water right however; there are additional testing reporting requirements. As
the DHS letter indicates it is a simple process to convert the TID raw water drinking supply water right
from an emergency water right to a seasonal water right.
Staff's recommended strategy is to continue using the TID as an emergency raw water source in the
short term and to further evaluate the long term TID water use in conjunction with the water master
plan update. With that in mind, the Public Works Operations team is recommending that when TID
water is used in the future that it should be added early in the season to ensure adequate supply and
water quality.
Develop Water Curtailment and Use of TID Water SOPP's
Given there were no SOPP's for this event staff did a remarkable job implementing and processing the
water curtailment program using 2001 data while concurrently developing new procedures. Even
though this was a multi-departmental group, all members worked together as a team.
This process is problematic in that these events are infrequent and as such there are likely to be staff or
regulatory changes between events. To that end, staff will be developing specific SOPP's based on the
2009 water curtailment event. These SOPP will provide a step by step implementation process which
will make it easier and more efficient to implement in the future.
Assess Water Treatment Plant Work Schedules to reduce the Overtime Impacts When Using TID Water
Once TID water was introduced as an emergency raw water source at the Water Treatment Plant
(WTP), the plant had to be staffed 24 hours per day, 7 days per week. At this point it is important to
staff the plant 24/7 while using TID water because of the continual fluctuations in water quality. TID
water is delivered through an open canal and as such the water quality fluctuates. In order to staff the
plant 24/7, WTP schedules were adjusted from their regular 10 hours per day shifts to two 12 hours
shifts, staffing the plant for 24 hours per day. This is currently a crew of four so the length of the event
was very exhausting for staff.
Staff's preliminary review of WTP staffing adjustments when using TID water is to use eight (8) hour
shifts to cover the 24 hours staffing needs. This option is possible with the transfer of one Water
Distribution employee to the WTP effective January 1, 2010 (as approved during the 2009 budget
process). This additional employee will allow staff to adjust to three 8 hour shifts per day reducing
overtime costs and providing more flexibility in covering days off. Staff will continue to evaluate
these options as the SOPP's that are being developed.
TID System Upgrades and Automation
There are two high priority projects/repairs (replace an 18" actuator /control valve and move electrical
control panel above ground estimated to cost $118,000) that staff will be recommending to be included
in the 2010/11 budget process. The actuator/control valve project is self explanatory; however, the
Page 4 of 6
CITY OF
ASHLAND
recommendation to move the existing Terrace Street pump station controls located in the dry well
below ground to an above ground location. This is recommended by the Electric Department as the
water in the dry well creates a safety issue for workers working in the confined space.
The recommended automation projects (installing variable frequency drives, connecting pump station
controls with the SCADA system, wet well level indicators, etc.) will also be recommended for
funding in the 2010/11 budget process. These additional capital projects will increase operational
efficiencies in the TID water delivery system. The recommended automation projects are especially
important as staff evaluates whether or not TID water should be used on a seasonal basis rather than
the current practice of using TID water as an emergency.
The proposed water system improvement projects are as follows:
• Replace weir depth probe $ 1,200
• Install anew 1.5-2.5 MGD Pump 27,000
• Install a new variable frequency drive on new pump 43,000
• Upgrade SCADA between pump station and WTP 4,000
• TID Canal Upgrades (increase water flows) 10,000
• Pump station wet well level indicator 5,000
• Replace 18" actuator/control valve 18,000
• Move electrical control panels above ground 100,000
Total cost $208;200
Amend the existing Water Curtailment Code
The multi departmental team that developed the Stage I Curtailment Implementation Plan also
provided input on recommended code revisions. The team identified issues with the billing cycle,
water allocation table, meter type, leak policy, year to year exemptions, etc. Some examples of
potential code amendments are as follows:
• Section 14.06.060 'B' and 'E': Since there is no longer a "Utility Billing Account
Representative" the title should be changed to "Water Conservationist". It is the Water
Conservationist who has examined the properties and determined if the customer is qualified
for an exemption.
• Section 14.06.010A Exhibits: Remove the column 'Meter Type' which is no longer used in
utility billing. Under the 'Category' column 'Condo' it should also include Multi-family. To that
end, staff is requesting authorization to revise the existing curtailment ordinance.
• Section 14.06.090:
o The water allocation table needs to be revisited to determine if the amounts of use
allowed are correct. Staff would like to review the formulas for parks, schools, colleges
and municipalities. These accounts are difficult to calculate because these accounts are
in more than one cycle.
Page 5 of 6
CITY OF
ASHLAND
o There are inequities in the allotments for residential and commercial accounts. All
residential meters are allotted 3600 cubic feet (cf) and commercial allotments are based
on meter size.
Staff is proposing to amend AMC Chapter 14.06 Water Curtailment while the event is still fresh. If the
Council agrees with this strategy, staff is requesting authorization to proceed.
Related City Policies:
AMC 14.06
Council Options:
(1) The City Council could decide to authorize staff to begin drafting language to amend AMC
14.06
(2) The City Council could decide to modify ( ) staffs recommendation.
(3) The City Council could decide not to authorize staff to draft language to amend AMC
14.06.
Potential Motions:
(1) Move to authorize staff to begin drafting language to amend AMC 14.06
(2) Move to modify L~ staff recommendation.
Attachments
■ AMC 14.06
• Department of Human Resources Letter Dated November 17, 2009
Page 6 of 6
~r,
CHAPTER 14.06
WATER CURTAILMENT
SECTIONS:
14.06.010 Definitions.
14.06.010A Exhibits.
14.06.020 Determination of water shortage.
14.06.030 Water curtailment stages.
14.06.060 Exemptions and Appeals.
14.06.080 Excess water consumption surcharge.
14.06.090 Penalties and enforcement.
SECTION 14.06.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended.
A. "Billing period" means that period used by the City for the reading of water meters consisting of
approximately 30 calendar days.
B. "City water" means water sold or delivered by the City of Ashland and includes Talent Irrigation
District water delivered through the City's water system.
C. "Cf' means cubic feet.
D. "Customer" means that person or persons designated in City records to receive bills for water
service.
E. "Multi-family dwelling" means a building containing two or more residential units.
F. "Outside plants" means grass, lawns, ground-cover, shrubbery, gardens, crops, vegetation and
trees not located within a fully enclosed building.
G. "Permanent resident" means a person who resides at the dwelling at least five days a week, nine
months a year.
H. "Temporary or Drop-In Guest" means a person who resides at the dwelling less than 3
consecutive months per year.
1. "Water Allocation Table" means that table of meter types and sizes and maximum volumes of
water set forth in Exhibit "A" attached to this Ordinance.(See section 14.06.010 Exhibits for
water table) _
J. "Waste" means:
I . To use City water to irrigate outside plants:
a. Between the hours of 10:00 a.m. and 8:00 p.m. May through July or between 10:00 a.m.
and 7:00 p.m. August through October, except that drip irrigation systems may be used
during these times.
b. in such a manner as to result in runoff on a street, sidewalk, alley or adjacent property for
more than five minutes.
2. To use City water to wash sidewalks, walkways, streets, driveways, parking lots, open
ground or other hard surfaced areas except where necessary for public health or safety.
3. To allow City water to escape from breaks within a plumbing system for more than 24 hours
after the person who owns or is in control of the system is notified or discovers the break.
4. To use City water to wash cars, boats, trailers, aircraft, or other vehicles by hose without
using a shutoff nozzle except to wash such vehicles at commercial or fleet vehicle washing
facilities using water recycling equipment.
5. To serve City water for drinking at a restaurant, hotel, cafe, cafeteria or other public place
where food is sold, served or offered for sale, to any person unless expressly requested by
such person.
6. To use City water to clean, fill or maintain decorative fountains, lakes or ponds unless all
such water is recirculated.
7. Except for purposes of building construction, to use City water for construction, compaction,
dust control, cleaning or wetting or for building washdown (except in preparation for
painting).
8. To use City water for filling swimming pools or for filling toy, play or other pools with a
capacity in excess of 100 gallons, provided, however, that water may be added to swimming
pools to replace volume Jos due to evaporation.
(Ord 2869, Amended, 05/15/2001)
SECTION 14.06.010A Exhibits.
The Water Allocation Table set forth below is substituted for the Water Allocation Table adopted as
Exhibit A and defined in section 14.06.010.1.
WATER ALLOCATION TABLE IN CUBIC FEET
.CATEGORY METER METER STAGEI STAGE2 STAGE3 STAGE4
TYPE SIZE
Res Irri A 0.75 1800. 600 IDO 0
Res Irri a 1.00 1800 600 100 0
Res Irr C 1.SD 1800 600 100 0
Res Irri D 2.00 1800 600 100 0
Com Irr A 0.75 3200 110D 100 0
Com Imi B 1.00 6100 210D 200 0
Com Irr] C 1.50 10400 3700 400 0
Com Irr] D 2.00 15200 5300 500 0
Com Irri E 3.00 30400 10600 1100 0
Gov Irr] A 0.75 3200 1100 100 0
Gov Irr] B .1.00 6100 2100 200 D
Gov Irr C 1.50 10400 3700 400 0
Gov Irr] D 2.00 15200 5300 500 0
Gov Irri E 3.00 30400 10600 1100 0
Gov Irri F 4.00 48100 16800 1700 0
TID Irri F 4.00 48100 16800 1700 D
Comm=1 A 0.75 6400 4800 3200 1600
CATEGORY METER MC"1LR STAGE] STAGE2 STAGE3 STAGE4
7YI'E S12:E.
Comm=1 B 1.00 12200 9200 6100 3100
Comm=1 C 1.50 20900 15600 10400 5200
Comm=I D 2.00 30400 22800 15200 7600
Comet=1 E 3.D0 60800 45600 30400 15200
Comm-I F 4.00 96200 72200 48100 24100
Comm=1 G 6.00 186400 139800 93200 46600
Comm=1 H 8.00 304400 228300 152200 76100
Condo All All 2700 2000 1300 700
Resid=l A 0.75 3600 2500 1800 900
Resid=1 B 1.00 3600 2500 1800 900
Resid=I C 7.50 3600 2500 11800 900
(Ord 2869, Amended, 05/1512001)
SECTION 14.06.020 Determination of water shortage.
A. The City Administrator is authorized to prohibit waste as defined in section 14.060.010 or implement
water curtailment stages upon determination that a water shortage emergency conditions exists. Such
determination shall be based on an analysis of the demand for water in the City, the volume of water
in Reeder Reservoir, the standard drawdown curve for Reeder Reservoir, the projected curtailment
date for Talent irrigation District water and flows in the east and west forks of Ashland Creek. The
determination of the City Administrator under this section shall be effective until the next council
meeting following such determination at which time the council shall either ratify or invalidate the
determination.
B. The City Administrator is authorized to terminate waste prohibitions or water curtailment stages
upon determination that a water shortage emergency condition no longer exists. Such determination
shall he based upon factors listed in section 14.06.020. The termination shall be effective until the
next council meeting following the determination of the City Administrator at which time the council
shall either ratify or invalidate the determination.
(Ord 2869, Amended, 05115/2001)
SECTION 14.06.030 Water curtailment stages.
Depending on the severity of the potential water shortage, the City Administrator may implement the
following water curtailment stages. During any stage, no person shall waste City water.
Stagel. The following restrictions are effective during water curtailment Stage 1:
I. No customer shall receive through the water meter assigned to such customer more than the
maximum volume of water for such meter indicated for Stage I in the Water Allocation Table.
2. Government agencies, including but not limited to parks, schools, colleges and municipalities
may have separate account allotments combined into one "agency" allotment and are exempt
from Stage I restrictions if their water consumption is otherwise reduced by 20% from the
volume of water delivered in the same billing period for the first previous non-water curtailment
year.
Stage2.The following restrictions are effective during water curtailment Stage 2:
1. No customer shall receive through the water meter assigned to such customer more than the
maximum volume of water for such meter indicated for Stage 2 in the Water Allocation Table.
2. Government agencies, including but not limited to parks, schools, colleges and municipalities
may have separate account allotments combined into one "agency" allotment and are exempt
from Stage 2 restrictions if their water consumption is otherwise reduced by 30% from the
volume of water determined tinder Stage 1.
Stage3.The following restrictions are effective during water curtailment Stage 3:
1. No customer shall receive through the water meter assigned to such customer more than the
maximum volume of water for such meter indicated for Stage 3 in the Water Allocation Table.
2. Government agencies, including but not limited to parks, schools, colleges and municipalities
may have separate account allotments combined into one "agency" allotment and are exempt
from 3 restrictions if their water consumption is otherwise reduced by 40% from the volume of
water determined under Stage 2.
Stage4.The following restrictions are effective during water curtailment Stage 4:
I . No customer shall receive through the water meter assigned to such customer more than the
maximum volume of water for such meter indicated for Stage 4 in the Water Allocation Table.
2. Government agencies, including but not limited to parks, schools, colleges and municipalities
may have separate account allotments combined into one "agency" allotment and are exempt
from Stage 4 restrictions if their water consumption is otherwise reduced by 50% from the
volume of water determined under Stage 3.
3. No City water shall be used to irrigate outside plants, except for trees, shrubs and food plants. If
the customer has an irrigation meter, the irrigiation meter shall not be used. The watering of
trees, shrubs and food plants shall be through the non-irrigation meter and the total allocation
shall not exceed the amount allowed for the non-irrigation meter.
SECTION 14.06.060 Exemptions and Appeals.
A. Any person who wishes to be exempted from a restriction imposed by any water curtailment stage
shall request an exemption in writing on forms provided by the City and file the request for
exemption in writing with the Utility Billing Office.
B. Requests will be reviewed after a water audit is conducted by1he City and a determination made by
the utility billing account representative as to the validity of the request for an exemption. No
exemptions will be considered until the City has conducted a water audit.
C. Exemptions may be granted for the following:
I. Any person with substantial medical requirements as prescribed in writing by a physician.
Examples would be hydrotherapy pools or life support systems.
2. Residential connections with more than four permanent residents in a single family residence or
three permanent residents per unit in a mrdti-family dwelling can receive up to 350 cf per month
per additional permanent resident. A census may be conducted to determine the actual number
of permanent residents per living unit. Temporary or drop-in guests will not be considered for
additional allocations.
3. For commercial or industrial accounts where water supply reductions will result in
unemployment or decrease production, after confirmation by the City that the account has
instituted all applicable water efficiency improvements.
4. For any other reason upon showing of good cause and where necessary for public health or
safely.
5. For commercial accounts where water meter is undersized (as determined under the Uniform
Plumbing Code) for the current occupancy, the allocation for such accounts may be increased up
to the allocation for the water meter size designated for such occupancy in the Uniform Plumbing
Code.
D. Exemptions will not be allowed for steam cleaning or similar uses of water. The amount allocated
for any given customer will include such uses and no additional allocation will be allowed.
E. The utility billing account representative shall report to the Director of Public Works the findings
and conclusions resulting from [he review. The Director shall approve or deny the request for
exemptions and may impose conditions. Such conditions may include the amount volume
restrictions may be exceeded and that all applicable plumbing fixtures or irrigation systems be
replaced or modified for maximum water conservation. If the Director and the applicant are unable
to reach accord on the exemption, or if the applicant is dissatisfied with the decision, the applicant
may appeal to the City Administrator in writing who will make the final determination.
F. Except for an exemption granted under section 14.06.060.0.1, C.2 and C.S, the water consumption
surcharge specified in section 14.06.080 shall apply to all exemptions.
(Ord 2869, Amended, 05/15/2001)
SECTION 14.06.080 Excess water consumption surcharge.
For any full billing period that begins after the City Administrator's determination is made and ratified as
provided in section 14.06.0060:
A. Any customer who exceeds the maximum volumes established in the Water Allocation Table for
Stages 1,2 or 3 shall pay a surcharge of four times the rate for water delivered in excess of the
established maximum volume.
B. During Stage 4, any customer who exceeds the maximum volumes established in the Water
Allocation Table shall pay a surcharge of ten times the rate for water delivered in excess of the
established maximum volume.
(Ord 2869, Amended, 05/15/2001)
SECTION 14.06.090 Penalties and enforcement.
The penalties for violations of this chapter shall be cumulative in that they may be in addition to, not in
lieu of, other penalties, remedies or surcharges established by this chapter.
A. A person shall not violate or procure, aid or abet in the violation of any provision of this chapter.
A violation of any provision of this chapter is an infraction and shall be punished as set forth in
section 1.08.020 of the Municipal Code.
B. If a customer exceeds the maximum volume for more than one billing period, the City may install
a flow restricting device at the service meter which reduces water flow and pressure. For
services up to one and one-half inch size the City may install a flow restricting device of two
gallon-per-tninute capacity, and for larger services, comparatively sized restricting devices for
larger services, for a period of seven days. Before normal service will be restored, a flow
restrictor installation and removal charge of $100 shall be paid by the person who subscribes for
the water service.
C. Service maybe terminated to any customer who knowingly and willfully violates any provision
of this chapter. (Ord. 2736, 1994)
11/20/2009 15:02 5415522329 ASHLAND WATER DEPTR PAGE 02/03
regon Department of Human Services
Public Health Division
Theodore R Kutongoski, Covemor
Drinking Water Program
2860 State Street
Medford, OR 97504
(541) 776-6229 Ext. 40Z
November 17, 2009 FAX (541) 776-6013
Terry C. Ellis
Ashland Public Works Superintendent
90 N. Mountain Avenue
Ashland, OR 97520
Dear Mr. Ellis,
Thank you for taking the time to meet with me on Tuesday November 10'" concerning the
Ashland Water Department's future use of the Talent Irrigation Ditch (TID) as a raw drinking
water source. The Talent Irrigation Ditch is Currently inventoried as an emergency water
supply. During our meeting you presented me with data clearly characterizing the use of the
source as intermittent. In fact, the TID supply has been brought online as a source for
approximately five two-month periods since 1990 (1990, 1992, 1994, 2001 and 2009). As
such, TID water has represented approximately two percent of Ashland's total raw water
supply since 1990 (assuming a 50150 blend with the permanent source when in use).
During our meeting we concluded that use of the TID source will likely remain intermittent
and unpredictable from Year-to-year. For this reason the source is most accurately
characterized as "emergency„ as opposed to "seasonal" and will not be required to follow a
routine chemical monitoring schedule, Seasonal sources are typically used consistently, in
consecutive years, in a predictable manner.
Emergency sources must receive case-by-case approval from the State Drinking Water
Program (DWP) prior to every period of usage. As we concluded during our meeting, use of
the TID source will be permitted under the following conditions:
1) Notify the DWP Medford Office as far in advance as is feasible of a known time
period that the TID source will be brought online.
2) Determine whether entry point chemical samples representative of a normal
emergency TTD/AsWand Creek source water blend (approximately 50150) are current
(VOCs within the past year, SOCs within the past three years, IOCs including arsenic
within the past nine years, nitrate within the past year and radionuclides within the past
rune years). Update all samples that are not current immediately after bringing the
TID source online and achieving a normal blending ratio. Submit all current blended
sample results directly to the DWP Medford Office, Note that these blended samples
cannot be substituted for your normal chemical samples required to be collected at a
time representative of exclusive usage of your permanent source. Consider OAR 333-
0036(1)(e)(A) and OAR 333-0036(1)(g) as the authority for this requirement which is
independent of the amount of time the source is intended to be used,
"Assisting People to Become.Independent, Healthy and Safe"
An Equal Opportunity Employer
11/20/2009 15:02 5415522329 ASHLAND WATER DEPTR PAGE 03/03
• Page 2 November 17, 2009
3) For any chemical samples above recognized as non-currant prior to bringing the TID
source online, we recommend collecting those chemical samples directly from the
TID raw water. These raw samples are not in lieu of the entry point combined
samples required for compliance purposes and to be submitted after bringing the TID
source online. The raw sampling is only a recommendation for a proactive approach
to evaluating the regulated chemical constituents of the TID source prior to its usage.
It should be recognized that raw water chemical results carrot be considered
completely representative of the finished water but may be useful as a conservative,
gross estimate of the TID water quality. This practice could allow for a proactive
response to an early wamiug should there be any detects prior to bringing the source
online.
Please note that Consumer Confidence Reports published in years of TID usage should
include associated sampling results. Again, only points one and two above are required for the
ongoing use of TID water as an emergency source (point three is a recommendation not
directly supported by current administrative rules).
Finally, if the usage of the TID source shifts to a more routine (consecutive-year) pattern, we
will re-evaluate its current characterization as an emergency supply and likely transition to
operating it as a seasonal supply. Please let me know if you have any questions and thank you
for your diligence in addressing this matter.
Sincerely,
Daniel Hough, REHS
Natural Resource Specialist
Oregon Department of Human Services
Drinking Water Program
cc: Karen Kelley, DWP Region Two Manager
Scott Curry, Region Two Field Engineer
CITY OF
ASHLAND
Council Communication
Award of Contract for a Water Conservation & Reuse Study and Comprehensive
Master Plan of the Water Supply System
Meeting Date: December 15, 2009 Primary Staff Contact: Michael A. Faught
Department: Public Works E-Mail: faughtm@ashland.or.us
Secondary Dept.: Administration Secondary Contact: Pieter Smeenk
Approval: Martha Bennet Estimated Time: 15 Minutes
Question:
Should Council approve a contract with Carollo Engineers in an amount not to exceed $363,996.00 to
provide a Water Conservation & Reuse Study and Comprehensive Master Plan of the Water Supply
System?
Staff Recommendation:
Staff recommends that Council approve a contract with Carollo Engineers to provide a Water
Conservation & Reuse Study and Comprehensive Master Plan of the Water Supply System.
Background:
Executive Summary
On June 16, 2009, the City Council adopted the following goal:
Adopt an integrated Water Master Plan that addresses long-term water supply including
climate change issues, security and redundancy, watershed health, conservation and
reuse, and stream health.
The final Council Goals document anticipated no additional staff would be required, but stated that .
extensive consulting resources will be needed. The budget was estimated to be $440,000, and assumed
that 25% would be covered by grant funding. The estimated duration was 2 years, including a
rate/financing study.
Public Works now requests approval of the attached contract, in order to initiate the technical studies
and public involvement program required to fulfill this Council goal. The winning proposal is 16%
under budget and within the estimated two year contract duration. Because of the extended duration
and complexity of this project, we propose to hold 12% of the original budget in reserve, which still
leaves the project 4% under budget. DHS has awarded the City a grant for $111,000 (30% of the
contract amount) toward the cost of this work, but has indicated that the City may receive up to
$58,000 more if funds become available.
Carollo contract as submitted $366,966.00
Reserve contingency 52,800.00
Amount under budget 20,204.00
Original budget 440,000.00
Pagel of 3
HdShipletD\Council\Council Communication\2009\13ecember 14 and 15\121509 Water Master Plan Contract.CC.dcc EWA
CITY OF
-ASHLAND
Request for Proposal
On August 11, 2009 a Request for Proposals was advertised statewide, in both local newspapers, and
on the City website. Proposal documents were sent to prospective proposers, plan centers and builder's
exchanges throughout the state. A pre-proposal meeting was held on August 19, 2009 to provide
proposers an opportunity to view the site and ask questions.
Proposals were due on September 30, 2009, at which time seven prospective consultant's submitted
proposals. An evaluation team consisting of three Public Works staff members, the Principal Engineer
for the Medford Water Commission, and the Director of the Talent Irrigation District, evaluated and
scored the proposals using the following criteria:
Criteria' Maximum Score
Understanding of Requested Services 10
Consultant's Capabilities 20
Consultant's Project Team 25
Resources 15
Response Time 20
Cost of Services 10
TOTAL 100 Points
Each evaluator individually scored the submitted proposals. Initial Scoring was completed on
November 6th and the scores were combined to determine the top rankings. All of the firm's proposals
were judged to be qualified, but four of the proposals were judged to be worthy of closer consideration.
Interviews for each of the top four fines were scheduled and conducted on November 17th and 18th.
Up to ten additional points were awarded for the interview. The final results were as follows:
CONSULTANT y TOTAL RANK
r n .SCORE , .
Carollo Engineers 98 1
Keller Associates/ Brown & Caldwell 95.4 2
HDR 94.8 3
West Yost Associates 90 4
Murray Smith & Associates 81 5
Winzer & Kelley 80 6
Natural Systems Incorporated 57 7
The top scoring proposal was submitted by the Portland office of Carollo Engineers. The team is led
by Bob Eimstad, who has completed many projects successfully for the City in the past. Jack
Henderson will be the Project Manager and Nicki Pozos will be the Project Engineer. The team will
also includes several sub-consultants that have provided engineering services to the City in the past,
including Shaun Pigott for the rate/financing analyses, Adam Sussman for Water Rights and Aquifer
Storage Analysis, Dick Griffith for Dam Safety, Jacob Kann for Aquatic Ecology and Rich Whitley
for Public Involvement. Jacob and Rich are both based in Ashland.
Page 2 of 3
HdShipletD\Council\Council Communication\2009\December 14 and 15\121509 Water Master Plan Contract.CC.doc
CITY OF
ASHLAND
Costs of Services / Funding
The total cost for Carollo Engineers' contract is not anticipated to exceed $415,000.
The costs for this project will be partially funded with an $111,000 grant from the Oregon Department
of Health and Human Services, Drinking Water Division. The City has requested an additional
$57,000 of grant funding, but will not receive confirmation that those funds will be available until
2010. If we receive the additional funds, the grant will end up covering at least 40% of the total
project cost.
The remainder of this contract will be paid for out of the water fund's system development charges
account, which has a current balance that exceeds the amount required. Depending upon results of the
part I study, additional services for environmental assessments may or may not be needed.
If Council moves to approve this request, the next steps for the Project Team will be to work with City
officials to appoint a Technical Review Committee (TRC) to begin the technical work of identifying
gaps in the current water supply system as outlined in the Conservation and Reuse Grant Proposal, and
to initiate the public involvement process.
Related City Policies:
Council is required to approve engineering services contracts that exceed $75,000.
Council Options:
• Council may approve the attached contract with Carollo Engineers to conduct comprehensive
master planning of the water supply system
• Council may revise the scope of services to be provided by Carollo Engineers
• Council may reject all proposals offered in response to the request for proposals
Potential Motions:
• Move to approve the attached contract with Carollo Engineers
■ Move to modify the contract with Carollo Engineers
• Move to reject all proposals received
Attachments:
1. Request for Proposals
2. Carollo Contract and associated attachments
Page 3 of 3
HAShiplelD\Council\Council Communication\200%December 14 and I5\121509 Water Master Plan Contract.CC.doc
CONTRACT FOR PERSONAL SERVICES
CITY OF CONSULTANT: Carollo Engineers
ASHLAND CONTACT: Robert Eimstad
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 4380 SW Macadam Avenue, Suite 350
Telephone: 541/488-6002 Portland OR 97239
Fax: 541/488-5311 TELEPHONE: 503227-1885
DATE AGREEMENT PREPARED: 12/08/09 FAX: 503-227-1747
BEGINNING DATE: January 1, 2010 COMPLETION DATE: December 31", 2012
COMPENSATION: Time and Materials Not To Exceed $366,996.00
SERVICES TO BE PROVIDED: As outlined in the Exhibits C: Scope of Services, D: Schedule, and E: Budget
ADDITIONAL TERMS:
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.
7. Statutory Requirements: When applicable ORS 2798.220, 279 8.225, 2796.230, 279B.235, ORS Chapter 244,
ORS 670.600, 279C.505, 2790.515, 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% 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, indemnify 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 arising out of or 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 b thenegligence of City.
G.,Vub-wrks\en08-54 Right Water Right USeWdmin\RFP\CC\2009-12-0912009.12.09 Carolto Contract- Water Master Plan.doc 1 of 32
10. Termination:
a. Mutual Consent. This contract may be terminated at anytime 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. Obliclation/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 any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. 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.
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 Liability insurance with a combined single limit, or the equivalent, of not less than
$1.000.000 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 $1.000.000, for
each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the
indemnity provided under this contract.
d. Automobile Liabili insurance with a combined single limit, or the equivalent, of not less than 11,229 000,
G:\pubwrks\eng\08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carolb Contract- Water Master Plan.doc 2 of 32
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 any insurance policies required herein but only
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 farm 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. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
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 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
Date:
form by Legal.,
Federal ID# ACCOUNT #
(For City purposes only)
`Completed W9 form must be submitted with contract PURCHASE ORDER #
G:\pub-wrks\eng\08-54 Right Water Right Use\odmin\RFP\CC\2009-12-0912009-12-09 Carollo Contract- Water Master Plan.doc 3 of 32
CITY OF ASHLAND
WATER CONSERVATION & REUSE STUDY (WCRS) AND COMPREHENSIVE
WATER MASTER PLAN (CWMP)
EXHIBIT C
SCOPE OF SERVICES
1.0 WATER CONSERVATION AND REUSE STUDY (WCRS)
1.1 Objective
To conduct detailed water conservation and re-use study and prepare a report as spelled out in
the attached DHS grant application that conforms fully to the attached DHS grant agreement,
reporting requirements, and attached prior submittals.
1.2 Consultant Services
1.2.1 Grant Reporting
Based on the RFP and award of an engineering consultant services contract for the planning
study that includes the tasks listed below, administer all applicable grant requirements, including
quarterly progress reporting, financial status reporting, requests for release of funds to the City,
and final reporting.
1.2.2 Existing Master Planning Gap Analysis
Review, analyze, validate and identify gaps in Ashland's existing water master plans and water
sources. (Incorporate results into CWMP). The updated Comprehensive Water Master Plan
(CWMP) document to follow the CWRS shall include specific items per OAR Ch. 333, Div. 061
Oregon Department of Human Services, Public Health Systems. The CWMP shall evaluate the
needs of the water system for a six and twenty year periods. It shall include but is not limited to
the following chapters:
1, Executive Summary that includes:
a. Water quality and service goals
b. Present and future water system deficiencies identified
c. Recommended alternative for achieving goals and correcting deficiencies
d. Recommended schedule and financing program for constructing improvements
2. Existing System Description including:
a. Service Area.
b. Sources of Supply.
C. Status of Water Rights.
d. Current Drinking Water Quality and Compliance with Regulatory Standards.
e. Maps of System Showing Size and Location of Facilities.
f. Estimates of Water Use.
GApub-wrks\engb8-54 Right Water Right UselAdmin\RFP\CC\2009.12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 6 of 32
g. Operation and Maintenance Requirements.
3. Water Quality & Level of Service Goals Description, considering:
a. Existing and Future Regulatory Requirements, including:
1) Preparation of a Disinfection By-product (DBP) Preliminary Evaluation TM that
investigates the cause of and prepares recommendations for possible solutions to
address high DBP levels in the distribution system. This evaluation may not be
necessary, pending the completed IDSE monitoring results, but should be included in
the scope so as to reserve funding in the event that it is necessary.
2) Preparation of aDam Safety Monitoring Plan (DSSMP) for Hosler Dam for inclusion
as Chapter 7 of an STI as required by FERC. This work will be completed by Dick
Griffith of Hatch Acres Corporation and will be directly managed by the City. Carollo
will not be responsible for the quality or timing of deliverables under this task
b. Non-Regulatory Water Quality Needs of Water Users.
1) Preparation of a Monitoring and Source Water Protection Management Plan TM for
Reeder Reservoir, in particular as it relates to:
a) Water Quality to meet current TMDL requirements and treatment objectives.
b) Water Quantity to meet storage and operational objectives.
c) This work will be conducted by Dr. Jacob Kann and will be directly managed
by the City. Carollo will not be responsible for the quality or timing of
deliverables under this task
c. Flow and Pressure Requirements.
1) Preparation of a TM addressing flow and pressure needs in the Loop Road Zone and
preparing an updated budget and. scope of services required for the Crowson II
Reservoir.
d. Capacity Needs Related To Water Use And Fire Flow Needs.
(1) Preparation of a TM to address implications of a potential reduction of Reeder
Reservoir storage capacity due to structural concerns raised by the most recent
Part 12 Consultant. The City will provide an assumed reduced water level;
Carollo will be responsible for translating the reduced level into the
corresponding storage volume.
4. Water Demand: Project growth of water system necessary to meet demand during the 6 year, 20
year, (and 50 year per section B below) periods and impacts on:
a. Service area boundaries.
b. Water supply source(s) and availability.
C. Customer water use.
5. Water Supply: An engineering evaluation of existing system's ability to meet the water quality and
level of service goals, identification of any existing water system deficiencies, and deficiencies
likely to develop within the master plan periods. The evaluations shall include:
G:\pub•wrks\eng\08-54 Right Water Right Use\Admin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 7 of 32
a. Water Supply Sources and Water Rights Descriptions.
b. Water Treatment Facilities.
C. Storage.
d. Distribution Facilities including Pumping and Pressure Zone Separation Analysis.
e. Operation and Maintenance Requirements.
f. Impacts of Present and Probable Future Water Quality Regulations.
g. Determination of Additional Water Availability.
6. Alternatives Analysis including identification of
a. The three top alternative engineering solutions that address anticipated deficiencies.
b. Environmental impacts of the preferred alternative.
C. Associated capital costs, as well as operation and maintenance life cycle costs to correct
water system deficiencies and achieve system expansion to meet anticipated growth,
including identification of available options for cooperative or coordinated water system
improvements with other local water suppliers.
7. Financial Alternatives Analysis, including:
a. Local financing:
1) User Fee and Rate Study.
2) System Development Charges Update.
b. Financial assistance programs ("One stop').
8. Capital Improvement Program (CIP) Recommendation, including:
a. Engineering alternative and associated costs.
b. Maps showing size and location of proposed facilities.
C. Financing alternative recommended.
d. Schedule for design and construction.
1.2.3 Add 50 Year Planning Horizon
Validate the City's future water needs through the year 2058. (Incorporate results in to part of
CWMP Chapter 4).
1.2.4 Alternative Sources Analysis
Identify and fully describe all other alternative sources of water that will fully meet the City's
needs through the year 2058. (Incorporate results into CWMP Chapter 5, section g).
1.2.6 Right Water, Right Use Analysis
It is anticipated that each water source will have defined uses and as such, identify options that
explore different methods to utilize the right water for the different water uses; potable, irrigation
sources and uses. (Incorporate results in to CWMP Chapter 3, section d (1)).
G:\pubwrks\eng\08.54 Right Water Right Use\Admin\RFP\CC\2009-12-09\2009.12.09 Carollo Contract- Water Master Plan.da 8 of 32
1.2.6 TID Irrieation Analysis
Identify benefits and challenges to using Talent Irrigation District and Bureau of Reclamation
water, such as concerns from the Klamath Water basin; Oregon Fish and Wildlife issues, Oregon
Water Resources, and others (incorporate results in to CWMP Chapter 5, section g).
1.2.7 TED Environmental Analysis
Specifically analyze environmental harm or impacts with the long term use of various irrigation
water sources for City irrigation use (incorporate results in to CWMP Chapter 5, section g).
1.2.8 Climate Change Analysis
Explicitly address the hydrological benefits and challenges and anticipate the effects of climate
change with regard to water needs and water use (incorporate results in to CWMP Chapter 5,
section g)
1.2.9 Recycled Water Analysis
Identify benefits and challenges to using recycled water, such as the community's perception and
realities, restrictions, support from DEQ and State health, fruit growers, and others. (Incorporate
results in to CWMP Chapter 5, section g).
1.2.10 Secondary Piping System Analysis
Identify options and cost estimates for piping the irrigation canals, piping for reuse/recycled
water uses, ponds, treatment, pumping, and any other relevant costs (incorporate results in to
CWMP Chapter 5, section g).
1.3 City Responsibilities
1. Schedule project initiation meeting in Ashland
2. Review monthly reports, drafts, and requests for information.
1.4 Deliverables
3. Initiation meetings - agendas, notes, and action items.
4. Monthly project reports and invoices (project duration).
5. Draft and Final Copies of the Report as required in the DHS grant agreements.
G.Vulrwrks\engT8-54 Right Water Right Use\Admin\RFP\CC\2009-12-09\200312-09 Carollo Contract- Water Master Plan.dx 9 of 32
2.0 WATER SYSTEM DESCRIPTION
2.1 Consultant Services
6. Prepare a summary of data and CWMP reference materials needed from the City.
7. Meet with City staff to tour water system facilities and review system condition and operational
issues and concerns.
8. Work with appropriate City staff to create a Water System Description The following water
system components will be described:
a. Service Area.
b. Sources & Quality of Supply (including coli form, contaminants, chemicals, & turbidity).
C. Status of Water Rights.
d. Current Drinking Water Quality and Compliance with Regulatory Standards.
e. Maps of System Showing Location of Facilities.
1) Water Treatment Facilities (process, hydraulic capacity, constituents, & disposal).
2) Transmission System.
3) Pump Stations (including hydraulic capacity).
4) Storage Facilities.
5) Distribution System.
6) System Interties.
f. Estimates of Water Use, including historic consumption, production, & capacity
g. Operation and Maintenance Requirements.
h. Ownership and Management.
i. Overview - Pressure Zones.
2.2 City Responsibilities
9. Provide copies of requested water system data and reference materials in a timely manner.
10. Host a water system facilities tour for the project team.
11 _ Provide Data for the Consultant team to create a Water System Description.
12. Review and comment on draft documents provided by Consultant.
2.3 Assumptions
13. The data collection meeting and facilities tour site visit will be coordinated with project initiation
meetings described in Task 1.
14. The City will provide the available requested water system data and reference materials.
G:\pubwrksleng\08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc to of 32
15. The City will review the draft CWW System Description chapter and work with the Consultant
team to provide necessary information for revising the draft chapter.
16. Detailed system description information and maps judged to be important to system vulnerability
will be summarized in a separate confidential memorandum to be provided only to personnel
authorized by the Public Works Director.
2.4 Deliverables
17. Data and reference materials request summary.
18. Word document electronic file of draft Plan Chapter 2 containing a description of the existing
water system which includes the service area, source(s) of supply, status of water rights, current
status of drinking water quality and compliance with regulatory standards, maps or schematics of
the water system showing size and location of facilities, estimates of water use, and operation and
maintenance requirements
19. Word document electronic file of the final draft Chapter 2 incorporating comments
20. Limited release Technical memorandum of vulnerable system details
GAputrwrks\eng\08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 11 of 32
3.0 WATER QUALITY & LEVEL OF SERVICE GOALS
3.1 Objective
Work with City staff to develop a plan for existing and continued compliance with State and
Federal Safe Drinking Water Act requirements.
3.2 Consultant Services
3.2.1 Regulatory Requirements and Compliance Program
21. Describe Safe Drinking Water Act and Oregon DHS drinking water regulations applicable to the
City for:
a. Existing Regulations.
b. Proposed Regulations.
C. Anticipated Regulations.
22. Review the City's water quality compliance data from 1999-2007.
23. Create a regulatory compliance monitoring plan for the City.
24. Document compliance status.
25. Prepare recommendations regarding existing monitoring plans and/or treatment practices based on
existing or proposed Safe Drinking Water Act regulations.
26. Prepare Comprehensive Regulatory Compliance Plan.
27. Review and document the City's procedures for handling customer inquiries.
28. Document use of certified laboratories.
29. Preparation of a Disinfection By-product (DBP) Preliminary Evaluation TM that investigates the
cause of and prepares recommendations for possible solutions to address high DBP levels in the
distribution system. This evaluation may not be necessary; pending the completed IDSE
monitoring results, but should be included in the scope so as to reserve funding in the event that it.
is necessary.
3.2.2 Non-Regulatory Needs of Users: Public Involvement Process
30. Technical Review Committee
a. The City will establish a Technical Review Committee (TRC) consisting of City
management staff and members of the public to provide review and consensus concerning
study recommendations and improvement options.
b. The Consultant shall schedule milestones throughout the project and submit technical reports
to the TRC at these milestones.
C. The Consultant shall set the TRC meeting schedule and notify all members.
GApub-wrkslen&8-54 Right Water Right UseWdmin\RFP\CC\2009.12.09\2009-12-09 Carollo Contract- Water Master Plan.doc 12 of 32
31. Public Involvement
a. Conduct two (2) open house format hearings during the master planning process to provide
an opportunity for the public to comment on the master planning.
- Consultants may be asked to conduct additional open house meetings to share the
designs and cost estimates with the public and answer questions.
b. Inform the City Council of master planning status.
- Submit a monthly status report to the Public Works Director for Council review.
- Present a summary and the status of the master planning effort to Council three (3)
times during the duration of the project.
C. Prepare three separate mailings, to be mailed by the City, which will inform citizens of
master planning efforts.
d. Assist the City in drafting three (3) news releases informing citizens of the progress of the
master planning efforts.
e. Provide up to 38 hours of time for Mr. Richard Whitley, a Public Meeting Facilitator, to
assist in the public meetings as requested by the City.
32. Preparation of a Monitoring and Source Water Protection Management Plan Technical Memo for
Reeder Reservoir in particular it relates Algae and water quality to meet current TMDL
requirements and identify future requirements. As noted above, this work will be conducted by Dr.
Jacob Kann and will be directly managed by the City.
3.2.3 Flow & Pressure Requirements: Program
33. Preparation of a Technical Memo addressing storage, pumping, flow and pressure needs in the
Crowson and Loop Road Pressure Zones that includes a detailed budget and scope of services
required to address the current deficiencies..
3.2.4 Capacity Needs Related to Water Use: Conservation Program
34. Recent Program: Document the City's recent water conservation efforts, including estimated
savings if feasible. This will be achieved using information from the City and discussions with City
staff.
35. Goal: Assist the City in developing an appropriate quantitative conservation goal. The goal will be
developed related to the primary driver of the City's conservation program Typical conservation
drivers include: 1) meeting voluntary water production targets, 2) obtaining additional water
supply, 3) deferring capital improvements, 4) decreasing operating costs, or 5) demonstrating
responsible use of water resources.
36. Program Next 6 Yrs: Recommend direction of the City's conservation program for the next six
years, ensuring that the number of conservation measures involved is reasonable and practical and
consistent with past activities as well as the Conservation Plan that is currently being developed.
The Consultant should be aware that the City is currently implementing six or more measures
(source meters, service meters, conservation pricing, bills showing consumption history, education,
GApubwrksleng\08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carolb Contract- Water Master Plan.doc 13 of 32
and landscape management practices on City properties). The City staff will identify the measures
for the Consultant to include in the program. Evaluation of the impacts of conservation to the water
demand forecast will be addressed.
37. Preparation of a TM to address implications of a potential reduction of Reeder Reservoir storage
capacity due to structural concerns raised by the most recent Part 12 Consultant.
3.3 City Responsibilities
38. Provide existing water quality regulatory compliance data from 1999-2007 for review and
summary.
39. Assist with development of comprehensive regulatory compliance plan elements.
40. Review drafts and provide comments.
3.4 Assumptions
41. No monitoring plans are currently in place.
42.. One meeting and one conference call will be held with City staff to develop the draft and final goal
setting approach and actual goal(s);
43. The draft and final goals shall be consistent with the City's Water Comprehensive Plan and DHS
requirements.
44. The Public Participation Process is very difficult and subject to uncertainty regarding the number
of Public Meetings, conference calls and follow-up required. It is therefore proposed to hold five
public meetings (2 open houses and 3 council presentation) and 7 technical group meetings.
3.5 Deliverables
45. Word document electronic files of the draft Chapter 3 containing a description of water quality and
level of service goals for the water system, considering, as appropriate, existing and future
regulatory requirements, non-regulatory water quality needs of water users, flow and pressure
requirements, and capacity needs related to water use and fire flow needs.
46. Final draft word electronic file of Chapter 3 with review comments incorporated
47. Word document electronic files preliminary and final as technical report
48. A Conservation Curtailment Program as required for conservation plans in OAR Ch. 333, Div. 061
G:\yutrwrks\en08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 14 of 32
1
4.0 WATER DEMAND EVALUATION
4.1 Consultant Services
49. Create up to four maps for this task showing the following:
a. Current City Limits.
b. Current Area of urban growth boundary.
C. The City's service area for the current, 6 year, 20 year and 50 year time frames.
d. Projected City growth areas for the 6, 20, and 50 year periods per the Comprehensive Land
Use Plan
e. Current and projected zoning or land use within the City service area.
50. Demographic Projections: Develop demographic projections for the City's service area for three
time periods: 6-year, 20-year, and 50-year. These projections will evaluate and include the impacts
of climate change and will be based on demographic data from the City Community Development
Department, the County Planning Department, the City Public Works Department, and/or the U.S.
Census, depending on data availability. Coordination with City's Community Development
Department will be important. The ideal demographic data are projections of single family
households, multifamily households, and employment through the 50-year time period If such data
is not available, alternative methods of developing demographic projections include: 1) using
population data rather than households, 2) using utility connections data rather than households, 3)
analyzing historical data to determine historical growth rates and extrapolate growth rates forward
as appropriate given input from City staff, and 4) analyzing buildable lands inventory, zoning, and
timing of development. A range of demographic projections (such as low, medium and high) can
be provided, if desired by City, if the available data support development of such projections.
51. Analysis: The demographic projections will be matched to the City's existing and projected service
area using appropriate analysis with input from the City's Comprehensive Land Use Plan. Please
note that GIS data may not be available. The demographic projections should be divided into sub-
areas such as pressures zones, and current versus new service areas, as data allows and as desired
by the City.
52. Supply Characteristics: Summarize ten years (or a lesser amount if ten years is not available) of
historical supply characteristics such as the number of connections by customer category,
production, sales, water balance showing non-revenue water and leaks, peaking factor, and water
use factors. (Note: the current Utility Billing System can produce information on water use by
customer class. This information can be determined via an extraction of the data from the Utility
Billing System and manual development of the customer related details via spread sheet.) This
information will be presented on an annual or monthly basis as appropriate. Water use factors,
including EDUs, will then be calculated based on this data. Information will be analyzed and
presented separately for potable and reclaimed water.
G:\pubwrks\engW8-54 Right Water Right UseWdminlRFP\CC\2009-12.09\2009.12-09 Carollo Contract- Water Master Plan.doc 15 of 32
53. Technical Memo: Prepare a Technical Memorandum for City review with summary tables and
graphs of the demographic projections and historical supply characteristics. Edits and adjustments
of this information shall occur before the data is used to develop the demand forecasts.
54. Demand Forecasts: Generate demand forecasts using the demographic projections and water use
factors for the 6-year, 20-year, and 50-year time periods. The forecasts will be presented by billing
category (e.g., single family, multifamily, commercial) and additionally will be divided into the
same sub-areas as the demographic projections. Information will be presented separately for
potable and reclaimed water. For reclaimed water, the Consultant will work with City staff to
identify large potable users and determine the feasibility of converting them to reclaimed water
based on their location and purpose of water use. The demand forecasts will include adjustments to
reflect the conservation program from Task 6.
55. Chapter 4: Prepare the associated chapter for inclusion in the CWMP.
56. Reuse: Describe Ashland's potential for Wastewater Reuse and water rights for Wastewater
Treatment Plant effluent and their potential impacts on potable water supply with respect to use of
treated effluent in lieu of source water.
57. TID: Describe Ashland's potential for use of Talent Irrigation District Water and the availability of
associated TID water rights for the potential impacts on potable water supply with respect to use of
TID water in lieu of source water.
58. TAP: Describe Ashland's potential for use of Talent, Ashland, and Phoenix (TAP) and associated
water rights as a drinking water supply.
Summarize consistency with the City's land use plan, and note any differences (e.g. the 50 year
scenario will likely go beyond the existing information in the comprehensive land use plan and
portions of the service area will be outside the projected City Limits and current Area of City
Impact).
4.2 City Responsibilities
59. Provide the following source data, per the data and reference materials request associated with
Task 2: map data layers, City intertie agreements, Related plans, City base map/parcel map in
ACAD electronic file format, aerial map, utility map, land use maps (current and future), water
rights, and Comprehensive Land Use Plan. Facilitate acquisition of data from other sources listed
above in Task 4. 1, item 2, as needed.
60. Review the draft C WMP chapter, including summarized demographic projections, historical supply
characteristics, maps, and provide written comments.
4.3 Assumptions
61. Limited source data will be available beyond the 20 year planning horizon. Consultant shall
collaborate with the Community Development Department and the Engineering Division to
determine the 50 year planning horizon data utilizing the Comprehensive Land Use Plan as the
baseline for growth projections;
GApub-wrks%eng\06.54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.dm 16 of 32
62. These task activities will be completed in conjunction with Task 5.
4.4 Deliverables
63. Word document electronic file of draft Plan Chapter 4: containing an estimate of the projected
growth of the water system during the master plan period and the impacts on the service area
boundaries, water supply source(s) and availability, and customer water use.
64. Word document electronic file of the final draft Chapter 3.
G:\oubwrksleng\U8-54 Right Water Right UseWdmin\RFP1CC12009-12-0912009-12-09 Carollo Contract- Water Master Plan.doc 17 of 32
5.0 WATER SUPPLY SYSTEM EVALUATION
5.1 Objective.
Perform a water rights and alternate supply options analysis including inventory, comparison
with future needs, assessment of interties, and assessment of alternate water supply options to
meet IDWR, DEQ and City planning requirements.
5.2 Water Sources & Water Rights
5.2.1 Consultant Services
65. Perform a water right inventory and analysis to identify and summarize the status of the City's
existing water rights with input from a review of City records and Oregon Department of Water
Resources files pertaining to the basic documents of each water right file (permit, certificate, etc.).
The depth of this analysis will be sufficient to make a recommendation to the City regarding the
sufficiency of existing water rights for current and future demands for each planning horizon.
66. Prepare future supply water rights analysis to determine the adequacy of the City's existing ground
water rights to meet the 6, 20 and 50 year demand forecast developed under Task 5. Service area
considerations related to purpose and place of use and service limitations (if any) will be evaluated.
The depth of this analysis will be sufficient to define the City's ability to serve the existing and
future service area. Identify any additional water rights needed.
67. Document the status of the existing UI interties and agreements and their potential impact on the
ability of the City to provide service to current and future service areas with existing and proposed
water rights.
68. Describe surface source, groundwater and aquifer storage and recovery (ASR) potential for future
source of supply options to meet projected demand and improve system reliability. This summary
will include description of the potential facility elements and design criteria, permitting
considerations, estimated cost, and other relevant information. Consultant will also describe
common implementation issues associated with surface water and ASR projects for City
consideration.
69. Describe reuse potential for future source of supply options to meet projected demand and improve
system reliability. This summary will include description of the potential water reclamation
demands (currently planned and future planned irrigation sites), facility elements and design
criteria, permitting considerations, estimated cost, and other relevant information. Consultant will
also describe common implementation issues associated with reuse projects for City consideration.
70. Develop preliminary common cost/yield comparison among the following potential future water
supply options: Surface Water Supply and associated water treatment; Aquifer Storage and
Recovery; reuse; conservation savings; and new groundwater supply wells. This effort will rely on
the work completed and conservation information available in the City Water Conservation Plan,
and information developed as part of the C W'NV.
G:lpubwrksXeng108-54 Right Water Right UseWdmin\RFP\CC12009-12-09\2009.12.09 Carollo Contract- Water Master Plan.doc 18 of 32
5.2.2 City Responsibilities
71, Provide available information regarding existing water rights.
72. Review and comment on CWMP Draft Chapter 6 and Technical Memorandum on potential
cost/yield supply options.
5.2.3 Assumptions
73. The City will provide available water rights information.
74. The preliminary cost/yield comparison will rely on existing available capital and O&M cost
information for the three different supply options, updating existing cost information to 2009 costs.
If O&M costs are not available, a qualitative assessment with ranges associated with high, medium
or low costs will be applied to provide for comparison among the alternatives.
5.2.4 Deliverables
Word document electronic file of draft and final Technical Memorandum titled- Water Rights
and Supply Options; and final cost/yield supply options. This memorandum will be formatted to
be directly compiled into the CWMP as an appendix.
5.3 Water Treatment
5.3.1 Consultant Services
75. Evaluate the existing Water Treatment Facilities to determine ability to treat water produced to
meet the supply requirements for projected demands in all planning horizons.
76. Identify potential solutions to any deficiencies in the Water Treatment Facilities including lack of
capacity, location limitations, and distance from proposed supply sources.
77. Develop listing of recommended Treatment Facilities improvements for the Capital Improvements
Plan update.
78. Capital Improvements Plan update shall identify locations and types of Treatment Facility
additions and upgrades needed for improved use of existing sources and those necessary to serve
new sources.
79. Prepare a Technical Memorandum that evaluates the effectiveness and reliability of WTP
improvements and operations, including the following process improvements issues:
a. Magnetic Meter flow pacing SCADA incompatibilities.
b. Hypo-chlorite pump SCADA control inadequacies.
C. Soda Ash feed system control issues and remaining work
d. Flocculation Design: how much flocculation is optimal and how much baffling is
appropriate.
e. Chlorine Diffusion in the clear well to reduce nuisance alarms and reduce secondary DBP.
G:\pub-wrks\eng\D654 Right Water Right UseWdmin\RFP\CC12009-12-09\2009-12-09 Carolb Contract- Water Master Plan.dm 19 of 32
f. Backwash sump pump electrical power supply isolation from the SCADA system, as well as
other appropriate transient protection necessary to reduce adverse impacts of lightning and
power surges.
5.3.2 Deliverables
Word document electronic file of draft and final Technical Memorandum titled- Water
Treatment Plant Operational and Capital Improvement Options. This memorandum will be
directly compiled into the CWMP as an appendix.
5.4 Water Distribution
5.4.1 Consultant Services:
5.4.1.1 Hydraulic Compute Model Development
Assist the City in the development of a PC based computer model that can be used for planning,
fire flow analysis, sizing of facilities, and extended period simulations. The model will consist of
a single input file that includes all the City's pressure zones. This task includes the following:
80. Review the status of the existing hydraulic model.
81. Provide recommendation on purchase of new hydraulic modeling software.
82. Purchase new hydraulic modeling software.
83. Create and calibrate a new hydraulic model utilizing City purchased software, existing hydraulic
model data, base maps, and field data. Hydrant tests will be used to collect pressure data to assist in
the calibration process.
84. Include distributed system demand and all important facilities (tanks, pumps, sources, interties, and
pipelines) to reflect actual system operation including pressure zones.
85. Provide assistance, as needed, for the selection of sites for calibration fire flow tests.
86. Refine the operation of the model so that it will work in steady-state and extended period modes.
87. Provide training, as needed, in the operation of the modeling software.
88. Utilize model to determine necessary system modifications/additions to meet projected growth and
system demand. Findings shall be the basis of recommended Capital Improvement Program update.
5.4.1.2 Model Calibration
89. Data Collection.
a. Select sites for fire flow tests and recording meters.
b. Utilizing City provided field data calibrate in accordance with Calibration Guidelines for
Water Distribution System Modeling prepared by the Engineering Computer Applications
Committee of the AW WA.
C. Perform Steady state calibration to Planning Level accuracy.
90. Modeling Scenarios.
G:1Pubwrkskeng\08-54 Right Water Right UseWdmin\RFP\CCt2 0 09-1 2-0912 00 9-1 2-0 9 Carollo Contract- Water Master Plan.doc 20 of 32
a. The following simulations will be nm to evaluate the ability of the existing system with and
without recommended improvements to meet the level of service goals established in Task 3:
Description Facilities Mode Demand Purpose
Existing Peak Existing Extended 2008 Peak Evaluate existing peak
Hour Period Day with hour conditions and
Diurnal identify deficiencies
Curve
Existing Fire Existing Steady 2008 Peak Evaluate existing fire
Flow State Day plus fire flow conditions and
flow identify deficiencies
2010 CIP Peak 2009, CIP Extended 2010 Peak Develop CIP for existing
Hour Period Day with peak hour conditions
Diurnal
Curve
2010 CIP Fire 2009 CIP Steady 2010 Peak Develop CIP for existing
Flow State Day plus fire fire flow conditions
flow
2030 Peak 2009 CIP Extended 2030 Peak Evaluate 2030 peak hour
Hour Period Day with conditions w/2009 CIP
Diurnal improvements and
Curve identify deficiencies
2030 Fire 2009 CIP Steady 2030 Peak Evaluate 2030 fire flow
Flow State Day plus fire conditions w/2009 CIP
now improvements and
identify deficiencies
2030 CIP Peak 2030 CIP Extended 2030 Peak Determine CIP for 2030
Hour Period Day with peak hour conditions
Diurnal
Curve
2030 CIP Fire 2030 CIP Steady 2030 Peak Determine CIP for 2030
Flow State Day plus fire fire flow conditions
flow
2015 CIP Fire 2015 CIP Steady 2015 Peak Identify portions of 2030
Flow State Day plus fire CIP needed to meet 2015
flow fire flow conditions
b. Develop Table of Capital Improvements for inclusion in final CIP listing. Scheduling of CIP
items will take into account the City's street overlay and improvement program as well as
other scheduled capital projects.
C. Develop drawing that shows the locations of the CIP items included in the final list.
GAput-wrkslengrD&54 Rohl Water Right UseWdmin\RFP\CC12 0 09-1 2-09\2009-12-09 Carollo Contract- Water Master Plan.doc 21 of 32
5.4.1.3 System Physical Capacity Analysis
91. Consultant Services.
a. Source Capacity Analysis
1) Evaluate the existing source (wells, booster pumps, etc.) capacity and compare it to
the projected demands for all planning horizons.
2) Provide analysis for each pressure zone in the distribution system.
3) Identify potential solutions to any deficiencies in source.
4) Develop listing of recommended source improvements for the Capital Improvements
Plan update.
5) Capital Improvements Plan update shall identify locations and types of piping
additions and upgrades needed for improved use of existing sources and those
necessary to serve new sources.
5.4.1.4 Energy Consumption Assessment
92. Consultant Services
a. Gather and summarize data on existing water system equipment and facilities energy
consumption and efficiency. It is assumed that all required data will be provided by the City
in MS Excel format; this task does not include collection or generation of new data.
b. Assess existing facilities energy consumption and identify equipment or facilities with
potential for energy savings through operational modifications, upgrades, or replacement.
5.5 Storage Capacity Analysis
5.5.1 Consultant Services
93. Evaluate the existing storage capacity and compare it to the required storage based on projected
demands using the following criteria or those criteria that may be required by DHS:
a. Operational Storage.
b. Equalizing Storage.
C. Fire Flow Storage.
d. Standby Storage (use greater of Fire Flow or Standby, if approved by local fire authority).
e. Dead Storage. .
94. Assess by City service level the storage capacity and ability to provide fire flow volumes and rates
within each service level. Identify where additional storage is required to meet current and
projected demands.
95. Assess operational parameters of Southeast reservoir under high flow demand periods and
emergency operations.
96. Provide analysis for each pressure zone in the distribution system.
G:\puawrks\eng\08-54 Right Water Right Use\odmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 22 of 32
97. Identify potential solutions to any deficiencies in storage; storage locations will be identified by
general area and overflow elevation, and may not include identification of a speck site.
98. Develop listing of recommended storage improvements for the Capital Improvements Plan update.
99. Utilize hydraulic model to assess current storage operations, determine location and size of
additional piping needed to improve operations, and determine piping necessary to service new
storage facilities.
5.5.2 Conveyance System Capacity Analysis
100. Examine existing conveyance system to determine capacity to deliver water under normal and fire
flow scenarios. Identify system deficiencies and improvements necessary to resolve them.
Specifically assess ability of system to deliver flow from production and treatment facilities to
storage facilities and high flow demand areas. Evaluate methods to fully utilize existing storage
capacity. Identify pressure ranges for peak and normal flow conditions.
101. Review ability of storage and conveyance systems to meet demands during high flow periods with
largest reservoir off line.
5.5.3 City Responsibilities
102. Work with local fire authority to explore possibility and advisability of nesting of fire flow and
standby storage.
5.5.4 Assumptions
103. Software acquisition shall be made by City during Comprehensive Water System Plan
development with recommendations from consultant on available options. Model shall utilize
purchased software.
104. Model contains all necessary pipes, pumps, reservoirs, interties, and sources.
105. Calibration of operation in extended period simulation (EPS) by comparing model behavior (e.g.,
reservoir levels) to the City's SCADA data is included in this scope of work
106. Detailed system description information or maps judged to be important to system vulnerability
will be summarized in a separate confidential memorandum to be provided only to personnel
authorized by the Public Works Director. This information is anticipated to consist of information
on required security deficiencies/upgrades.
5.5.5 Deliverables
The following products will be created during this task. Some will be produced by Consultant
and others will be produced by the City.
5.55.1 Consultant Deliverables
107. Word document electronic file of draft and final Technical Memorandum titled- Water Distribution
Hydraulic Modeling to provide Operational and Capital Improvement Options. This memorandum
will be directly compiled into the CWMP as an appendix.
GApubwrkslengl08-54 Right Water Right UseWdmin\RFP1CCV2009-12-0912009-12-09 Carolb Contract- Water Master Plan.doc 23 of 32
108. Source adequacy analysis by pressure zone with recommendations for Capital Improvements, as
needed.
109. Conveyance system adequacy analysis by pressure zone with recommendations for Capital
Improvements Plan, as needed.
110. Storage adequacy analysis by pressure zone with recommendations for Capital Improvements, as
needed.
111. Capital improvement table that contains all improvements recommended for the 20-year planning
horizon.
112. Model outputs for use in developing capital improvement program (tables and maps).
113. Summary of Power Consumption Assessment process, findings, and recommendations.
114. Limited release Technical memorandum of vulnerable system details.
5.5.5.2 CityDeliverables
115. Existing hydraulic computer modeling software capable of simulating the Water distribution
systems in both steady state and extended period modes.
116. Data regarding equipment and facilities energy consumption and operations.
5.6 Operations and Maintenance
5.6.1 Consultant Services
117. Meet with City staff to review information and create the following sections.
a. Organization Structure and Responsibility.
b. Operator Certification.
C. System Operation, Maintenance and Control.
d. Emergency Response Operations.
e. Safety.
f. Cross Connection Control.
g. Supplies and Equipment.
h. Record Keeping and Reporting.
L O&M Improvements.
118. Identify any recommended changes to current operations and maintenance program that will
require funding through the CIP and evaluate and determine adequate staffing needs. This task will
include a detailed evaluation of staffing requirements; other recommendations will be based on
City staff input on deficiencies.
G:\pubwrks\eng\08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 24 of 32
119. Identify and recommended changes to current Operations and Maintenance program and
subsequent staffing needs that shall be necessary to provide adequate resources to address the
expanded infrastructure outlined in the recommended Capital Plan.
5.6.2 City Responsibilities
120. Review available records and provide to the Consultant as requested.
121. Teleconference with Consultant to review available records.
122. Review and comment on draft Chapter 9.
5.6.3 Assumptions
123. Detailed system description information and maintenance information judged to be important to
system vulnerability will be summarized in a separate confidential memorandum to be provided
only to personnel authorized by the Public Works Director.
5.6.4 Deliverables
124. Word document electronic file of draft and final Technical Memorandum titled- Water Supply
System Operational and Maintenance Improvement Options. This memorandum will be directly
compiled into the CWMP as an appendix.
125. Word document electronic files of the draft Chapter 5 containing an engineering evaluation of the
ability of the existing water system facilities to meet the water quality and level of service goals,
identification of any existing water system deficiencies, and deficiencies likely to develop within
the master planning period. The evaluation shall include the water supply source, water treatment,
storage, distribution facilities, and operation and maintenance requirements. The evaluation shall
also include a description of the water rights with a determination of additional water availability,
and the impacts of present and probable future drinking water quality regulations.
126. Final Draft Word electronic file of the Chapter 5 with review comments incorporated
GApubwrks\eng~D8-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 25 of 32
6.0 ENGINEERING ALTERNATIVES ANALYSIS
6.1 Consultant Services
127. Develop water supply alternatives which address the planning goals of the City.
a. Include additional water rights that may need to be purchased. Consider water rights for both
surface and well supply. Describe the types and amount of these additional water rights.
b. Develop a contingency plan identifying potential emergency water supply options for severe
water shortages.
C. Assess potential for developing groundwater resources and using ASR.
128. Evaluate each alternative based on the following:
a. Feasibility of each source considering preliminary cost estimates and integration with
existing transmission and storage facilities.
b. Reliability of source for both winter and summer uses. Consider the impact of the university,
the school district, the City, and other large water users and factor the impacts of increase
and decrease in use.
C. Availability of water rights.
d. Raw water quality and treatability of the potential sources. Sample collection and testing will
be required for each potential source. Jar testing shall be done where necessary or required
by the City.
e. Compliance of each source with drinking water standards.
f. Supply vulnerability and security.
129. Identify three options with the greatest promise to which additional evaluations will be done
130. Evaluate these three water supply alternatives in greater detail, including present worth of
operation and maintenance expenses, updated capital costs, and impact to the annual City budget
and user rates. Evaluations shall include identification of speck sites, raw water transmission
requirements, and scaled conceptual layouts in displaying the location of major unit processes and
structures. All data generated will be at a planning-level of detail; cost estimates will be within a
+50/-30 % level of accuracy.
131, Review any environmental impacts of water supply alternatives and identity potential concerns.
132. Receive input on the various water supply improvement alternatives from the staff and the
Technical Review Committee.
G:\pubwrks\eng\08-54 Right Water Right Use\4dmin\RFP\CC\2009.12.09\2009.12.09 Carollo Contract- Water Master Plan.doc 26 of 32
6.2 City Responsibilities
133. Work with Consultant team to evaluate alternatives and select project prioritization criteria.
134. Provide recent City water project bid tabulations to be used in developing the cost estimating tool.
135. Review and comment on draft.
6.3 Assumptions
136. City will provide available similar project cost information to help set up cost models.
6.4 Deliverables
137. Draft and final Microsoft Excel spreadsheets, project cost estimating tool, and GIS maps.
138. List of O&M improvements to be included in the CIP and addressed in Operational budgets.
139. Draft and final Chapter 6 titled "Engineering Alternatives Analysis" that contains an identification
of alternative engineering solutions, environmental impacts, and associated capital and operation
and maintenance costs, to correct water system deficiencies and achieve system expansion to meet
anticipated growth, including identification of available options for cooperative or coordinated
water system improvements with other local water suppliers.
140. Draft and final maps of the City distribution system showing locations of projects identified in the
CIP table with attached project number for ease in cross-referencing.
GApub-wrks\en08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carolb Contract- Water Master Plan.doc 27 of 32
7.0 FINANCIAL ALTERNATIVES ANALYSIS
7.1 Consultant Services
The financial program will be included in the Comprehensive Plan document as follows:
141. Past and Present Financial Condition - summarize water utility financial performance for the past
six years and document outstanding long-term debt and bonding capacity.
142. Available Revenue Sources - Document available sources of revenue and funding for capital and
operational costs and describe historical approaches and/or policies that establish the City's
funding methods.
143. Capital Financing Alternatives and Approaches - Identify capital financing. Identify and document
Capital Funding Assistance Programs - Available State and Federal grant and loan programs.
144. Life Cycle Costing - Develop perpetual life replacement program for the distribution system,
recommended service life for water lines, pumps, and other components.
a. The program shall include an average, annual revenue requirement needed to fully fund a
replacement program.
b. The replacement program shall consider an assessment of backlogged needs, recommend a
specific program to address the backlog, and shall recommend criteria for use in ranking
projects.
C. Develop a recommended on going maintenance program, detailing types of maintenance
needed to protect investment and frequency of maintenance activities.
d. Develop a detailed phasing plan for recommended improvements. Include new water
systems in the undeveloped areas within the UGB. Show facilities as closely as possible to
final design locations to permit them to be constructed with development projects.
e. Prepare system wide maps showing locations and phasing of these improvements.
Improvement locations shall be provided to assist staff in ensuring the improvements will be
provided with land development.
145. SDC Implementation.
a. Provide detailed cost estimates for all recommended water system improvements.
1) Calculate future operation and maintenance costs.
2) Define, in detail, the portion of individual project Costs attributable to existing
customers and the portion attributable to growth. Provide documentation for the basis
and methodology used to allocate costs.
3) Review the City's existing system development charges (SDC) and recommend any
improvements to the methodology used to allocate costs. Include a list of the
recommended improvements that are eligible for SDC funds and the amount each is
eligible for. -
GApubwrks\en&8-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 28 of 32
b. Thoroughly review all possible funding sources for the preferred water system
improvements and develop a funding mechanism for the proposed improvements.
1) Review all funds available and the status of capital improvements, operation, and
maintenance funds for the water system.
2) Identify different funding sources including State, Federal, and private sources.
146. Rate Structure and Conservation - Complete a rate analysis in order to estimate future water rates.
Utilize projected annual operation and maintenance costs and any needed capitol improvement
bonding to project. Potential rate impacts for the needed improvements. Identify water
conservation opportunities that might be addressed through rate structure revisions. Summarize
City's approach to utility rate studies, status of rates recommended in 2005 rate study, and
anticipated scope of 2010 rate study.
147. Recommended Financial Strategy - Recommend a financial strategy addressing funding sources,
basic financial policies, rates and charges.
7.2 City Responsibilities
148. Provide financial, budgeting, rate and customer reports.
149. Review and comment on draft Chapter 7.
7.3 Assumptions
150. The tasks above assume that Consultant will participate in two meetings as part of this effort
151. The Consultant will create a financial plan for the City.
7.4 Deliverables
152.. Word document and Excel spreadsheet electronic files of the draft chapter 7 containing a
description of alternatives to finance water system improvements that includes local financing
(such as user rates and system development charges), long term financial alternatives, and
financing assistance programs. It also contains a detailed analysis of the financial operational
performance of the water fund including detailed financial recommendations to enable the City to
implement the preferred engineering solution recommendations chosen in the previous chapter.
153. Final Draft Word electronic file of the chapter 7 with review comments incorporated.
154. Word document electronic file of draft and final Technical Memorandum titled-Fees and Rates
Study for the Water Supply System This memorandum will be directly compiled into the CWMp
as an appendix.
155. Word document electronic file of draft and final Technical Memorandum titled- SDC Update for
the Water Supply System. This memorandum will be directly compiled into the CWMP as an
appendix.
G:\pubwrks\engNO8-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.doc 29 of 32
8.0 CAPITAL IMPROVEMENT PROGRAM (CIP)
8.1 Consultant Services
156. Work with the City during a workshop to discuss and develop project evaluation, screening and
prioritization criteria to be used in the selection of and prioritization of projects. The contents of the
CIP table and project sheets will also be reviewed and refined at this workshop.
157. Describe the CIP prioritization process, project justification and description.
158. Work with City staff to organize and summarize system pipe age and line break information to help
evaluate remaining pipe life throughout the system; it is assumed these data are available in either
GIS or MS Excel format. Data provided by the City may be in the form of GASB 34 inventory
database.
159. As other project information is made available by the City, water CIP projects will be scheduled to
coordinate with other City sewer and street improvement projects in the same areas to minimize
overall infrastructure improvement costs.
160. Provide justification for proposed capital and non-capital improvement projects.
161. Prepare a standard cost estimating methodology that will be used to compare and evaluate project
alternatives. Costs will be updated to account for changes in schedule.
162. Apply a standardized cost apportionment methodology to each recommended CIP project which
describes the estimated cost of the project in a cost per water service connection. These values will
be used for comparison of alternatives and prioritization of projects within the confines of the Plan.
163. Prepare a CIP spreadsheet or database system that can be used to describe and sort projects by date,
schedule, priority, or type. Each project in the spreadsheet will be linked to a project sheet that
describes the project and project justification.
164. Outline and summarize the schedule of capital improvement projects in a summary table by year
for the first 5 years, in 5 year increments for the next 15 years, and projects beyond the 20 year
time frame. Develop a system exhibit that identifies projects and timeframe for implementation.
165. Describe long-term strategies for the 50-year system vision It is expected that details of these
strategies will be refined in subsequent CWMP updates.
8.2 City Responsibilities
166. Work with Consultant team to evaluate alternatives and select CIP projects.
167. Help to select project prioritization criteria.
168. Provide recent City water project bid tabulations to be used in developing the cost estimating tool.
169. Review and comment on draft CIP.
GApubwrks\eng\08-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carob Contract- Water Master Plan.doc 3o of 32
8.3 Assumptions
170. City will provide available similar project cost information to help set up cost models.
8.4 Deliverables
171. Draft and final Microsoft Excel spreadsheets, project cost estimating tool, and GIS maps.
172. List of O&M improvements to be included in the CIP and addressed in Operational budgets.
173. Draft and final Chapter 8 titled "Capital Improvement Program" that contains a recommended
water system improvement program including the recommended engineering alternative and
associated costs, maps or schematics showing size and location of proposed facilities, the
recommended financing alternative, and a recommended schedule for water system design and
construction
174. Draft and Final Maps of City distribution system showing locations of projects identified in the CIP
table with attached project number for ease in cross-referencing.
G?pubwrkslengW8-54 Rght Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carollo Contract- Water Master Plan.dx 31 of 32
9.0 ENVIRONMENTAL ASSESSMENT
This task is optional and inclusion in study scope will be determined during development of the
Comprehensive Water Master Plan. Completion of this task is not included within the current
budget. If need for this task arises based on the outcome of the WCRS and CWMP, Carollo will
work with the City to develop an appropriate scope and budget for this task. The description
herein as provided as an example only.
9.1 Consultant Services
175. Performance of an Environmental Assessment or Environmental Impact Statement as needed to
meet State of Oregon and Oregon DEQ regulations for the identification, evaluation, and
assessment of potential environment impacts associated with the Comprehensive Water System
Master Plan
176. EA/EIS shall meet the requirements set forth in the State Revolving Fund guidelines to allow
anticipated Capital Improvement Projects to be eligible for SRF programs.
177. Public participation and review process in accordance with public outreach guidelines.
178. Inclusion of the EA/EIS findings in the Comprehensive Water System Plan document
9.2 City Responsibilities
179. Provide floodplain and sensitive areas data as available.
180. Review and comment on draft Chapter 9.
9.3 Assumptions
181. Consultant will participate in public outreach meetings.
9.4 Deliverables
182. Word document electronic files of the draft Chapter 9.
183. Word document electronic files of final EA/EIS Documents and Chapter 9.
G:Npubwrks\eng~D8-54 Right Water Right UseWdmin\RFP\CC\2009-12-09\2009-12-09 Carolb Contract- Water Master Plan.doc 32 of 32
C I T Y OF
ASHLAND
Council Communication
Ordinance Relating to Public Nudity
Meeting Date: December 15, 2009 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Megan Thornton
Approval: Martha Berm Estimated Time: 15 minutes
Question:
Should the Council approve Second Reading of an ordinance entitled: "An Ordinance Amending
Ashland Municipal Code 10.44.012 and 10.44.020, Relating to Public Nudity and Penalties?
Staff Recommendation:
Staff recommends Council approve Second Reading and adoption of the ordinance.
Background:
Legal staff has investigated the issue and recommends the following amendments to clarify the
ordinance:
1. Additional recitals to address constitutional limitations.
2. Additional text to address constitutional limitations.
3. Additional recitals to address the purpose to prevent harm.
4. Language restored regarding privacy envelope.
5. Violation level reduced to Class B. (maximum $360 fine).
• Additional Whereas clauses are added to identify sensitivity to constitutional limitations:
Whereas, Article I, Section 8 of the Oregon Constitution provides:
No law shall be passed restraining the free expression of opinion, or restricting the right to speak,
write, or print freely on any subject whatever, but every person shall be responsible for the abuse
of this right; and
Whereas, the Oregon Supreme Court has held that the protections afforded free expression under
Article I, Section 8 of the Oregon Constitution are greater than the protections afforded under the U.S.
Constitution; and
Whereas, the City Council fully acknowledges that under Oregon law, the determination of whether
conduct is protected by Article I, Section 8, is determined on a case by case basis and it is not the
intention of the City to interfere with constitutionally protected expression; and
• A new sentence is added in the body of Section 10.44.012 to address constitutional limitations,
including the fact that such inquiry is made on a case by case basis (language adapted from
Portland park regulations):
Page I of 4
~r,
CITY OF
ASHLAND
Nothing in this Chapter shall be construed to prohibit any act protected under the circumstances by the
federal or state constitution.
• Additional WHEREAS clauses are added to identify harm necessitating the regulation:
Whereas, following publicity concerning the City's existing geographically-limited ban on public
nudity, a public school in Ashland was targeted by an individual who deliberately circled the school in
a state of undress, causing public annoyance, inconvenience and alarm; and
Whereas, victims of sexual abuse, especially children, are particularly sensitive to conduct of a sexual
nature, including unexpected public nudity, and such conduct is only exacerbated if it occurs in or
around areas considered `safe areas', like schools; and
Whereas, given the total number of elementary, middle and high schools within the City of Ashland,
and given the number of pedestrian and bicycle routes to and from such schools, the only practical
regulation to prevent such harm is a city-wide ban on public nudity within the City limits; and
Whereas, the ordinance reflects that the ban on public nudity is not intended to reach constitutionally
protected expressive activities and individuals desiring to engage in protected expression involving
nudity are encouraged to coordinate with responsible public officials so as to avoid harm to
participants and citizens alike; and
[Background material is available in City Administration]
• The language previously shown as proposed to be deleted concerning establishing a privacy
envelope on your own property is restored.
• . The penalty proposed is reduced to Class B violation ($360 maximum fine) as opposed to Class
A ($720 maximum fine). The Council may also want to consider making the first offense a
different class of offense: [e.g. Class C violation ($180.00 maximum fine) or Class D Violation
($90.00 maximum fine)].
The following council communication material is unchanged from the November 17, 2009 Agen
Packet:
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 es publie
pFepeFty in the r 1 D (Downtown rem-fl°-eial) zone er in a . ubliie pad in view of a public
space. This provision is not intended to apply to a person who is prepubescent orwho has take
Page 2 of 4
~r,
CITY OF
ASHLAND
Fivelepe of privaey upon their own prepeFty and the nudity oeetifswithin
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
hile o ubli° property in the C , D (Downtown Comme-^:an zone or- in a ublie 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 8 PeFSOR WhO is pr-epubeseent OF who has taken steps to er-ente an envelope
of privney upon their- OWR PFOPeFty and the nudity oCeUFS within 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 a misdemeanor- as set forth 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
Page 3 of 4
CITY OF
ASHLAND
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).
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Read changes (if any) and move to approve Second Reading and adoption of the ordinance.
(2) Make changes to proposed ordinance by motion.
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.
Attachments:
Ordinance as read at Council Meeting on November 3, 2009
Ordinance with revisions as proposed on November 17, 2009 w/ December 15, 2009 modifications.
Page 4 of 4
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 and
10.44.020, RELATING TO PUBLIC NUDITY AND PENALTIES.
Annotated to show G121et16R8 and additions to the code sections being modified.
Deletions are bold ' and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly
or impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers home rule constitutional provisions reserved to
Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local
1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, Article I, Section 8 of the Oregon Constitution provides:
No law shall be passed restraining the free expression of opinion, or
restricting the right to speak, write, or print freely on any subject whatever,
but every person shall be responsible for the abuse of this right; and
WHEREAS, the Oregon Supreme Court has held that the protections afforded
free expression under Article I, Section 8 of the Oregon Constitution are greater
than the protections afforded under the U.S. Constitution; and
WHEREAS, the City Council fully acknowledges that under Oregon law, the
determination of whether conduct is protected by Article I, Section 8, is
determined on a case by case basis and it is not the intention of the City to
interfere with constitutionally protected expression; and
WHEREAS, following publicity concerning the City's existing geographically-
limited ban on public nudity, a public school in Ashland was targeted by an
individual who deliberately circled the school in a state of undress, causing public
annoyance, inconvenience and alarm; and
WHEREAS, victims of sexual abuse, especially children, are particularly
sensitive to conduct of a sexual nature, including unexpected public nudity, and
such conduct is only exacerbated if it occurs in or around areas considered `safe
areas', like schools; and
Page 1 of 3
WHEREAS, given the total number of elementary, middle and high schools
within the City of Ashland, and given the number of pedestrian and bicycle routes
to and from such schools, the only practical regulation to prevent such harm is a
city-wide ban on public nudity within the City limits; and
WHEREAS, the ordinance reflects that the ban on public nudity is not intended to
reach constitutionally protected expressive activities and individuals desiring to
engage in protected expression involving nudity are encouraged to coordinate
with responsible public officials so as to avoid harm to participants and citizens
alike; 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 publiG propeft on the G-1 -D (Downtown
while in a public place or a place
visible from a public place. This provision is not intended to apply to family
changing areas, or to a person who 06 pFepubeseent e who has taken steps
to create an envelope of privacy upon their own property and the nudity occurs
within that envelope. Nothing in this Chapter shall be construed to prohibit
any act protected under the circumstances by the federal or state
constitution.
SECTION 2. AMC 10.44.020 [Penalties] is hereby amended to read as follows:
10.44.020 Penalties.
Subject to limitations of the Ashland City Charter, any Any person violating
any section within this chapter shall be guilty of a -m,°sQe-meaneas set forth in
Ser.tmen . a Class B 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,
Page 2 of 3
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 15th day of December, 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 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 on publie
prepei4y in the r l D (Downt,.wn Commereial) zone or in a publie par4 in view of a
public space. This provision is not intended to apply to a person who is prepubescent eF
who has taken steps to oreate a envelope of p riy........pen their own prepef4y and the
nudit........Wa WiR.iB that e relep
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 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 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 1. Commissions Committees and Boards
Meeting Date: December 15, 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: 10 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 and set second Reading for
January 5, 2010.
Background:
The Council has discussed this ordinance on several occasions and individual councilors and staff have
provided individual comments. The attached ordinance is an attempt to make all the changes directed,
although some individual comments conflicted.
In sum, the direction given at the City Council's meetings included:
1. Council Liaison is a non-voting ex officio member, not a non-member or voting member.
Exception for Planning Commission quasi-judicial functions where the Liaison is a non-
member.
2. Tenn limits are three three-year terms (except Planning Commission) but not strictly
prohibited, after three terms the Council to give due consideration to appointment of new
(qualified) members.
3. Removal for Planning Commission is governed by statute. Removal for other Commissions
is by the Mayor with the consent of the Council.
4. Slight change to reference to Roberts Rules.
5. No changes concerning: Chair Participation or Vice Chair moving to Chair.
In addition the following individual comments were given consideration:
Russ Silbiger emails dated 11-16-09 and 11-20-09
Kate Jackson email dated 11-15-09
Martha Bennett email dated 12-3-09
Unresolved issues:
1. Should Band Board be added (codified) .
Pagel of4
Ir,
CITY OF
ASHLAND
2. Should "The fifth voting member shall be the City Recorder" be struck in 2.11.010
concerning the Municipal Audit Commission?.
3. Should the Airport Commission have a voting member on the Transportation Commission?
4. Should the prohibition on endorsement 2.10.080 be added to the Ethics code?
Specific changes:
1. "Audit Committee" changed to "Commission"....
2. Ad hoc Committees and Task Forces formed by Mayor with consent of Council.
3. Ad hoc Committees and Task Forces to follow procedures in AMC 2.10 and such other
rules prescribed in order creating them.
4. Endorsement in AMC 2.10.080 (Ethics) clarified to relate to official capacity.
5. Rules and Regulations 2.10.070. combined with Roberts Rules 2.10.075
6. Separate Liaison provisions for City advisory bodies and Representative responsibilities for
external entities.
Because ordinance was provided to Council seven (7) days prior to Council First Reading changes
contained in this draft need not be read in full.
What follows is material from previous Council Communications:
In 2006 and 2007 the Council Rules Committee worked on Council rules concerning how the Council
and Mayor act in relationship to appointed commissions, committees and boards. These rules concern
matters such as the appointment and removal of members of regular boards as well as ad hoc entities,
like task forces. The Council Rules Committee also worked on rules concerning the role and duties of
the Council liaison. The attached ordinance [Part 1 ] is an expansion of the 5/29/07 draft created by the
Council Rules Committee only as it concerns the relationship of the Mayor and Council to the
Commissions, e.g. appointment, removal, and roles of the liaison. [See attached 5129107 draft
specifically numbered paragraphs 9 Commissions and I1 Liaisons which corresponds with the outline
presently in AMC 2.04.090 and AMC 2.04.110.] Another ordinance [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 2 of 4
CITY OF
-AS H LAN D
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 areal
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 - 2.04.0901]. 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
affinding 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.
The existing Municipal Code states the following for Roberts Rules as regards Council actions:
2.04.020 H. Robert's Rules of Order.
Page 3 of 4
CITY OF
ASHLAND
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 codity 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 January 5, 2010.
(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 January S,
2010.
Attachments:
Proposed ordinance
5/29/07 draft
Russ Silbiger emails dated 11-16-09 and 11-20-09
Kate Jackson email dated 11-15-09
Martha Bennett email dated 12-3-09
Page 4 of 4
~r,
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 e and Boards.
Commissions 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 City Council. Advisory
Commissions and Boards which are permanent [Regular] 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 Commission. AMC 2.10
contains code common to all Appointed Commissions and Boards.
B. GounGII-Ad-hoc Committees and Task Forces.
Page 1 of 9
The Mayor shall have the authority, with the consent of the Council,
to form ad-hoc committees or task forces to deal with specific tasks
within specific time frames. Such ad hoc committees or task forces
shall abide by uniform rules and procedures set forth in AMC 2.10
and such other rules as prescribed by the order establishing such ad
hoc entities. 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 and rules of procedure, if necessary. The Council has the
authority to follow the recommendations, change the
recommendations, take no action, remand the matter back to the ad
hoc body or take any other action it sees fit. The Council by maiority
vote may remove a member of an ad hoc committee or task force at
any time, with or without cause. The City Council by maiority vote
may amend or dissolve an ad hoc committee or task force.
C. Regular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission (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 or board. The Mayor shall
not appoint, nor shall the Council consent to the appointment of a
person to more than two (2) regular board or commission positions
at a time. This rule shall not apply to the Planning Hearing Board.
Because broad citizen participation is encouraged, the Mayor and
Council shall give due consideration to appointment of new qualified
members before re-appointing a person to more than three (3) 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.
Page 2 of 9
E. Student Membership on Regular Commission s. and Boards.
rw..mmrese
e.°r.
The Mayor with the consent of the City Council may add to the
membership of any city commission or board up to two positions for
student liaisons. The student liaisons shall be non-voting ex officio
members of their respective commissions or boards. 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. Student Liaisons need not be
appointed to every advisory commission or board.
F. Regular Membership Removal Process.
The City Council, with or without cause, may by majority vote of the
City Council at a regular meeting, remove any regular commission or
_ board member prior to the expiration of the term of the appointment.
Wriften 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 GpeFating Polioles and Procedures Commissions, Committeeks and
13eards
A. PubliG Meeting Law.
B RobeFt's Rules of Order
C.. Bel+befatiert
D. Agendas and Minutes.
F. Quorum.
Page 3 of 9
G. Code of Ethios.
H. Lobbying.
1. 6ea;g
j. Role of Staff-.
K. Final -ne-a-ision Making.
L. Number-cam,": eetings.
M. Netise.
N. Representing the Commission, Committee OF .
9- Budget.
P. Expenses.
Q- Committees.
SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and
renumbered to read as follows:
2.04.100 448 Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council liaison is to facilitate
communication between the City advisory body and the
Council. A Council Liaison is an ex officio non-voting member
of the advisory body, not a regular voting member and shall
not serve as Chair, unless the Ashland Municipal Code
specifically requires the Liaison to serve as Chair or in a
voting capacity. Notwithstanding the above, the Council
Liaison to the Planning Commission shall be considered a
non-member Liaison and not an ex-officio member as regards
quasi-judicial matters.
2. City Councilors serve as liaisons to City commissions
and boards, as well as ad hoc committees and task forces and
are expected to represent the full City Council in interacting
with the such entities.
3. City Councilors may attend meetings of City Advisory
Boards and Commissions and other ad hoc entities as citizens
of Ashland. When attending as a citizen, Council members
must identify their comments as personal views or opinions
not a representation of City Council policy.
B. Attendance.
Page 4 of 9
Liaisons should attend all regular meetings of the Commissions and
Boards, or Ad hoc Committees 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 attend quasi-judicial proceedings when the final appeal or final
decision is or could come before the City Council.
C. Deliberations.
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. Council liaisons to Citv
advisory bodies should not attempt to direct debate, lobby, or
otherwise influence the direction or.decisions of any advisory body
to which he or she has been assigned. Council liaisons are
encouraged to field and answer questions as appropriate for an ex-
officio member of the advisory body. Undue influence over the
decisions of any City advisory body shall be grounds for removal of
a Liaison assignment under paragraph I below.
D. Respect for Presiding Officer.
City Councilors attending advisory body meetings as liaisons 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.
City Councilors 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
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
Page 5 of9
recommendations to the Mayor for appointment of citizens to fill
vacancies on their respective advisory bodies.
G. VasanGies. Reporting to the Council.
Council liaisons shall periodically report to the entire Council on
significant and important activities of each advisory body to which
they have been assigned. Each advisory 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.
H. 4-. Liaison Appointment Process and Term.
The Mayor will appoint a Councilor to act as a Council liaison to each
and every advisory commission or board. 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 an effort to rotate
liaison assignments if there is more than one Councilor expressing a
preference for an specific appointment..
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.
2.04.110 Council Representatives to State. Regional. Community, and
other External Organizations.
A. Role and Responsibilities of Council Representatives.
1. City Councilors may be appointed, either by the City or
by another entity, to serve as the City of Ashland's
representative to State, Regional, and Community
organizations. In all cases, the City's representative will
follow the bylaws and guidelines for service of the
organization to which they have been appointed.
Page 6 of 9
2. The purposes of serving as an official Representative to
State. Regional, Community, and other external
organizations are to ensure effective working
relationships with other agencies and organizations,
ensure that Ashland uses all possible avenues to
achieve community goals; achieve City Council goals
both within the community and in the Roque Valley;
protect the home rule authority of the City of Ashland to
make decisions that are best for the community; ensure
that key City revenue streams are protected; and secure
federal and state funds for projects that benefit the Citv
of Ashland and other community institutions.
3. City Councilors are expected to represent the full City
Council in their work as Representatives. Representing
a position other than the official position of the City of
Ashland is grounds for removal under paragraph E.
4. City Representatives serving as voting members on
another organization's Board of Directors (such as the
Roque Valley Council of Governments) should work in
the best interest of that organization it is in conflict with
best interest of the City of Ashland.
5. If the City Councilor serving as a Representative is
asked to take an official position on an issue that affects
the City of Ashland and the City's official position is
unknown or unclear, the City Councilor should request
that the item be placed on a City Council agenda in
accordance with AMC 2.04.030 for full City Council
action.
6. City Council members may attend meetings of state,
regional, and community organizations as citizens of
Ashland. When attending as a citizen, Council
members must identify their comments as personal
views or opinions not a representation of City Council
Policy.
B. Attendance.
Representatives should attend all regular meetings of the
organizations to which they have assigned. In the event a Councilor
has difficulty attending, the Representative should find an alternate
to attend on the City's behalf. In the event of a continuing
Page 7 of 9
scheduling conflict, the City Representative should ask the Mayor to
be reassigned.
C. Reporting to the Council.
Council Representatives shall periodically report to the entire
Council on significant and important decisions activities of each
state, regional, and community organizations to which they have
been assigned. Council members may also request that
representatives of these organizations may be invited to give a short
annual presentation to the Council.
D. City Representative Appointment Process and Term.
1. The Mayor will appoint a Councilor to represent the City
to state, regional, and community organizations to which the
City is entitled to an official delegate. The City Council shall
confirm these appointments.
2. The Mayor and City Councilors may also be invited by
external organizations to represent either the City of Ashland
or "Cities" in general. In these cases, the Mayor or Councilor
that has been asked to serve will inform the City Council in a
regular meeting of the assignment and request that the City
Council confirm the appointment.
3. 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. City
Representative 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 an effort to rotate liaison assignments if there is
more than one Councilor expressing a preference for an
specific appointment...
E. Removal from a Representative Assignment
The Mayor or a Councilor may be removed for any reason from a
specific representative 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,
Page 8 of 9
paragraph, or clause shall not affect the validity of the remaining sections,
subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in
the City Code and the word "ordinance" may be changed to "bode", "article",
"section", "chapter" or another word, and the sections of this Ordinance may be
renumbered, or re-lettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 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 12009,
and duly PASSED and ADOPTED this day of 2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 9 of 9
Richard Appicello - Commissions Page 1
•
From: Russ Silbiger <russ@council.ashland.or.us>
To: Richard Appicello <appicelr@ashland.or.us>, Martha Bennett
<bennettm@ashland.or. us>
Date: 11/20/2009 1:24:04 PM
Subject: Commissions
Here is my compilation of stuff. I went through most of them at the meeting, there are a couple more.
Sorry it took so lone getting them to you.
2.10.070 Rules and Regulations
The advisory commission, commission or board may make such rules and regulations as are necessary
for its governance, including conduct of meetings, when not inconsistent with the Ashland City Charter,
Ashland Municipal Code, or Oregon law. These rules may be less formal than Robert's Rules of Order. In
the event of conflicts that cannot resolved less formally, Robert's Rules of Order shall be used as the
standard for meeting rules and procedures when not in conflict with the Ashland City Charter, Ashland
Municipal Code or Oregon law. The body will strive to be clear and fair in its proceedings.
The above is still too wordy, but you get my drift..
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 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.
1) In general, is the above a repetition of our code of ethics?
2) The specific 'endorsement' provision seems to only exist here (as opposed to our ethics code), so is it
needed, and if so it should be clear that it has to do with the commissioners role, not in general - or else it
prohibits a business person from endorsing their own product.
2.40.0 2.04.090 Commissions, Committees, and Boards
B. Council Ad-hoc Committees and Task Forces.
The Mayor shall have the authority, with consent of the Council, to form ad-hoc committees or task forces
to deal with specific tasks within specific time frames.
Clean up - appointments to commissions -either Mayor or Council
Clean up - change Audit Committee to Audit Commission
Clean up? Band Board - can we fold them in to this as well?
Student liaisons as ex officio - do we want these on all commissions - planning, audit, budget?
2.04.100 110 Council Liaisons
B. Attendance.
Liaisons should
Richard Appicello - Commissions Page 2
1. Liaison Appointment Process and Term.
Appointments are generally made on an annual basis in January and the Mayor shall
make an effort to rotate liaison assignments if there is more than one Councilor's preference for an
appointment
(My suggested language)
2.11.010. Municipal Audit Committee Commission Established.
The fifth voting member shall be the City Recorder. needs to be struck
Airport Commission request to have a voting member of Transportation Commission. (Council will or won't
act on this)
Term Limits -
Because broad citizen participation is encouraged, the Mayor give due consideration to appointing new
members after a person has served more than three (3) full terms on any single Regular Board or
Commission. (My suggested language)
Richard Appicello - Re: suggested language on liaison role Page 1
From: Russ Silbiger <russ@council.ashland.or.us> •
To: Kate Jackson <kate@council.ashland.or.us>
Date: 11/16/2009 10:05:47 AM
Subject: Re: suggested language on liaison role
Kate,
I've had this as suggested language for a while (if we ever get to them). This would be 2.10.070; 2.10.075
would be deleted.
2.10.070 Rules and Regulations
The advisory commission, commission or board may make such rules and regulations as are necessary
for its governance, including conduct of meetings, when not inconsistent with the Ashland City Charter,
Ashland Municipal Code, or Oregon law. These rules may be less formal than Robert's Rules of Order. In
the event of conflicts that cannot resolved less formally, Robert's Rules of Order shall be used as the
standard for meeting rules and procedures when not in conflict with the Ashland City Charter, Ashland
Municipal Code or Oregon law. The body will strive to be clear and fair in its proceedings.
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.
Kate Jackson Wrote:
I Martha and Richard, and fellow councilors:
I
I have attached a Word document with a suggestion for revising the language on page 5 of 7 of the
ordinance amending 2.04.100. When David and I developed these proposed rules for commissions, there
were difficulties and I remain convinced of the need for these guiding principles. I find the current version
too strongly worded. So I am making a suggestion as an alternative.
I
Council already discussed that we believe council liaisons should be ex officio members of commissions,
sitting at the table and being called on like any other member of a city commission by the chair.
I
I The minutes also show we agreed on appointments of 3 terms maximum with the mayor encouraged to
replace older appointments with new members as appropriate. I know we discussed 'removal' but am not
clear in my mind what we settled on. Does staff have revised language?
I
I I believe there are two topics remaining for us: (1) whether or how Roberts' rules apply to'less formal'
(how define?) commissions and (2) whether the chair can make and vote on motions. These are items 4
and 5 on the october 6 staff communication.
I
I Other than clean-up needed to straighten out the ex officio, term limit, and removal language throughout,
I have no other suggested changes to either of the two ordinances. The longer one, 49 pages, seems
ready to adopt first reading.
I
Thank you for bringing these documents to Council.
I
Sincerely,
Kate Jackson
I
Richard Appicello - Re: suggested language on liaison role Page 2
CC: Richard Appicello <appicelr@ashland. or.us>, Barbara Christensen
<christeb@ashland.or. us>
Richard Appicello - REALLY FINAL THIS TIME Page 1`
From: Martha Bennett
•
To: Richard Appicello
Date: 12/03/2009 12:59:40 PM
Subject: REALLY FINAL THIS TIME
I am really done.
Martha Bennett, City Administrator
City of Ashland
20 East Main Street, Ashland OR 97520
(541) 552-2103 or (541) 488-6002, TTY 800-735-2900
FAX: (541) 488-5311
This email is official business of the City of Ashland, and it is subject to Oregon public records law for
disclosure and retention. If you have received this message in error, please let me know. Thank you.
SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and
renumbered to read as follows:
2.04.100 419 Council Liaisons to City Advisory Boards, Commissions, and
Committees
Deleted: relevant oroaniratlon
A. Role and Responsibilities of Council Liaisons. Deleted: As relates to non-
regional or city advisory
commissions. committees and
a. The primary role of a Council liaison is to facilitate boards.a
communication between the City advisory body and the Deleted:. NotwiNstandinathe
' above. If a City Councilor. Mavor or
Council. Council Liaison is not a member of the advisory other elected official is amember
body, is not a voting member and may not serve as Chair. (voting or non-votinal of an
advisory commission, committee
unless specifically required by the Code for that advisory or board, the Code will specifically
body tlealanate them as such
Deleted:.
b. Citydre expected to represent the full City Council in their Deleted: This expectation extends
work as liaisons. to representation of the city in
formal meetings, informal
meetings and lobbvina. In all other
c. City Council members may attend meetings of City Advisory Instances council
boards and commissions assitizens of Ashland, When Deleted: Councilors same, as
liaisons to commissions,
attending as a citizen, Council members must identify their committees. boards, community
comments as personal views or opinions not a representation oreani:ations and gnat agencies
and
of City Council policy. " Deleted: lnterectinawth the orouo
B. Attendance. Deleted: Individuals
Deleted: and will
Liaisons,should attend all regular meetings of the Boards and Deleted` p
Commissions_to which they have assigned. In the event a liaison Deleted' c
has difficulty attending, the liaison should find an alternate to attend Deleted: -shall
or review the video or other record of the proceeding. In the event of Deleted:. Committees, Boards. or
a continuing scheduling conflict, the Liaison should ask the Mayor to Task Forces
be reassigned. Liaisons should not attend quasi-judicial Deleted: shall
proceedings when the final appeal or final decision is or could come Formatted: Indent: Left: 36 pt,
before the Citv Council. First line: 0 pt, Tabs: Not at 54 pt
_ Formatted: Bullets and Numbering
C. Deliberations. Deleted' ...y
Formatted: Indent: Left: 36 pt, No
The City Council values diversity of opinion. A significant role of an bullets or numbering
advisory body is to represent many points of view in the community Deleted: under no circumstances
' is e
and to provide the Council with advice based on a full spectrum of Deleted: a
concerns and perspectives. Accordingly, Council liaisons to City De: x
advisory bodies should not attempt to direct debate, lobby, c,
otherwise influence the direction or decisions of any advisory body Deleted: to
to which he or she has been assigned, Council liaisons should limit Deleted:. Any attempt to do so
may result In removal from the
their participation during debate and deliberations to answering liaison position. Accordinaty.
Deleted: may wish to
Page I of 5
questions. Undue influence over the decisions of any City advisory
body shall be grounds for removal of a Liaison assignment under
paragraph J.
Deleted: glaThis restriction on
ffll Respect for Presiding Officer. deliberation, lobbying and
y"p___ directing debate does not apply to
a liaison who Is representing the
Except where the Code expressly provides otherwise, City City Council's Position on a
raglonal body that Includes elected
Councilors attending advisory body meetings as liaisons are not officials from other iurisdictions.9
"members" of the advisory body and as such cannot participate in
the proceedings of the advisory body as a matter of right.
Councilors attending advisory body meetings as liaisonsphall Deleted: When the Council liaison
accord the same respect toward the Chair and other members as is representing the City Council on
a regional botlv, the Liaison has all
they do towards the Mayor, Presiding officer or each other. rights and powers ofa member as
set forth In the statutes, miss or
ordinances creating such body.
E. Council Information. Accordingly.
Deleted: or regional body
City Councilors will inform the advisory bodies to which they have Deleted: or as Individuals
been appointed liaison of Council agenda items and decisions that Deleted: Liaisons
may be of interest to the advisory body. Liaisons shall also Deleted: Council
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
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 io which Deleted: or realonal body
they have been assigned. Each advisory body Ahould be invited to J - Deleted°' In addition, each
give a short annual presentation to the Council. Liaisons may seek Deleted: and regional body
assistance from the relevant staff liaison to accomplish this Deleted:, as well as any ether
reporting responsibility. community organization, entity or
agency for which participation of
an elected official from the City of
1. Liaison Appointment Process and Term. Ashland is determined to be
necessary or beneficial to the City
Deleted: Councilors who are
The Mayor will appoint a Councilor to act as a Council liaison to each appointed to Commissions.
Boards members
and every advisory commission, committee, or board, -Councilors_ o or as (voting ina ors ornon -vpoonds ting) may also
also
serve as Liaisons.
Page 2 of 5
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.
2.04.200 440 Council Representatives to State, Regional, Community, and
other External Organizations
B. Role and Responsibilities of Council Representatives. Formatted: Bullets and Numbering
a. City Councilors may be appointed, either by the City or by Formatted: Font: (Default) Ariai,
another entity, to serve as the City of Ashland's representative Bold, Underline
to State. Regional, and Community organizations. In all cases. Formatted: Normal (web), Indent:
the City's representative will follow the by-laws and guidelines Lem: 54 pt, Numbered + Level: 2 +
Numbering Style: a, b, c, + Start
for service of the organization to which they have been at: 1 +Alignment: Left +Aligned at:
appointed. 72 pt + Tab after: 90 pt + Indent
at: 90 pt, Tabs: 36 pt, List tab +
Not at 90 pt
b. The purposes of serving as an official Representative to State.
Regional, Community, and other external organizations are to
ensure effective working relationships with other agencies and Formatted: Font. (Default> Aral,
organizations, ensure that Ashland uses all possible avenues Bold, Underline, Font color: Auto
to achieve community goals; achieve City Council goals both
within the community and in the Rogue Valley: protect the
home rule authority of the City of Ashland to make decisions
that are best for the community; ensure that key City revenue
streams are protected; and secure federal and state funds for
projects that benefit the City of Ashland and other community
institutions.
• - - - Formatted: Indent: Left: 54 pt,
c. City Councilors are expected to represent the full City Council Hanging: 18 pt. Space Before: 0 p4
in their work as Representatives. Representing a position After: 0 pt, Tabs: 36 pt, List tab
other than the official position of the City of Ashland is Formatted' Bullets and Numbering
grounds for removal under paragraph E.
d. City Representatives serving as voting members on another • - - - - Formatted: Bullets and Numbering
organization's Board of Directors (such as the Rogue Valley
Council of Governments) should work in the best interest of
Page 3 of 5
that organization it is in conflict with best interest of the City of
Ashland.
e. If the City Councilor serving as a Representative is asked to Formatted: Bullets and Numbering
take an official position on an issue that affects the City of Formatted: Font: (Default) Anal,
Ashland and the City's official position is unknown or unclear. Bold, Underline
the City Councilor should request that the item be placed on a
City Council agenda in in accordance with AMC 2.04.030 for Formatted: Font: (Default) Anal,
full City Council action. Bold, Underline
~ - - "Formatted: Fan[: (Default) Anal,
f. City Council members may attend meetings of state, regional. Bold, Undedine
and community organizations as citizens of Ashland. When
attending as a citizen, Council members must identify their
comments as personal views or opinions not a representation
of City Council policy.
B. Attendance.
Representatives should attend all regular meetings of the
organizations to which they have assigned. In the event a Councilor
has difficulty attending, the Representative should find an alternate
to attend on the City's behalf. In the event of a continuing
scheduling conflict, the City Representative should ask the Mayor to
be reassigned.
C. Reporting to the Council.
Council Representatives shall periodically report to the entire
Council on significant and important decisions activities of each
state, regional, and community organizations to which they have
been assigned. Council members may also request that
representatives of these organizations may be invited to give a short
annual presentation to the Council.
D. City Representative Appointment Process and Term.
a. The Mayor will appoint a Councilor to represent the City to
state, regional, and community organizations to which the City is
entitled to an official delegate. The City Council shall confirm these
appointments.
b. The Mayor and City Councilors may also be invited by external
organizations to represent either the City of Ashland or "Cities" in Formatted: Font: (Default) Anal,
general. In these cases, the Mayor or Councilor that has been asked Bold, Underline
to serve will inform the City Council in a regular meeting of the
Page 4 of 5
assignment and request that the City Council confirm the
appointment.
C. Councilors interested in a particular subiect 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. City Representative
appointments shall be for a term of one year unless otherwise
expressly stated. Appointments are generally made on an annual
basis in January .
E. Removal from a Representative Assignment
The Mayor or a Councilor may be removed for any reason from a
specific representative position or assignment upon two-thirds vote
of the entire Council.
Page 5 of 5
Richard Appicell2 -suggested language on liaison role Page 1
•
From: Kate Jackson <kate@council.ashland.or.us>
To: Martha Bennett <bennettm@ashland.or.us>, Richard Appicel
<appicelr@ashland.or.us>, christeb <christeb@ashland.or.us>
Date: 11/15/2009 10:14:20 PM
Subject: suggested language on liaison role
Martha and Richard, and fellow councilors:
I have attached a Word document with a suggestion for revising the language on page 5 of 7 of the
ordinance amending 2.04.100. When David and I developed these proposed rules for commissions, there
were difficulties and I remain convinced of the need for these guiding principles. I find the current version
too strongly worded. So I am making a suggestion as an alternative.
Council already discussed that we believe council liaisons should be ex officio members of commissions,
sitting at the table and being called on like any other member of a city commission by the chair.
The minutes also show we agreed on appointments of 3 terms maximum with the mayor encouraged to
replace older appointments with new members as appropriate. I know we discussed 'removal' but am not
clear in my mind what we settled on. Does staff have revised language?
I believe there are two topics remaining for us: (1) whether or how Roberts' rules apply to'less formal'
(how define?) commissions and (2) whether the chair can make and vote on motions. These are items 4
and 5 on the october 6 staff communication.
Other than clean-up needed to straighten out the ex officio, term limit, and removal language throughout, I
have no other suggested changes to either of the two ordinances. The longer one, 49 pages, seems
ready to adopt first reading.
Thank you for bringing these documents to Council.
Sincerely,
Kate Jackson
CC: john stromberg <john@council.ashland.or.us>, Eric Navickas
<eric@council.ashland.or.us>, Carol Voisin <carol@council.ashland.or.us>, greg
<greg@council.ashland. or.us>, Russ Silbiger <russ@council.ashland. or.us>, David Chapman
<david@council.ashland.or.us>, Kate Jackson <kate@council.ashland. or.us>
November 16, 2009
From Kate Jackson
To: Council, Mayor and staff
Here is my suggestion for revising two paragraphs of the ordinance language
governing the role of council liaisons in their interaction with city internal
commissions.
on page 5 of 7
2.04.100 C. Deliberations. a. presently reads:
"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."
I propose, after the second sentence, to add one sentence and alter the
beginning of the next one: "Liaisons are encouraged to participate in discussion
and to field and answer questions as appropriate for an ex-officio member of the
body." Here I would delete the following five words: "accordingly, under no
circumstances is" and replace them with "However, a liaison to a City advisory
body should not attempt to direct debate continue as it is now, but delete the
last sentence. As a member of a body, the liaison is expected to follow the rules
and wait for recognition by the Chair before speaking, as does any other member
of the body. This decorum is also noted in the following paragraph.
D. Respect for Presiding Officer
Present text:
"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.
I think this paragraph will be more clear if it is simplified to just one sentence, the
third and last one. The first sentence is not relevant if we agree that liaisons are
members of a commission.
The next sentence is about membership in a regional body, this would seem to
be more clear if it is stated as a paragraph (A)(c) role of liaisons on the previous
page, page 4 of 7.
The third and last sentence can stay; I would remove the adverb 'accordingly'.
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2: Pt 2. Commissions Committees and Boards
Meeting. Date: December 15, 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: 10 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 and set Second Reading for
January 5, 2010.
Background:
[This Agenda item below 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 [Part l ] concerns the relationship of the Mayor and Council to the Commissions,
e.g. appointment, removal, and roles of the liaison. [See attached 5129107 draft spec f cally 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
Page 1 of 2
CITY OF
ASHLAND
provisions now made duplicative in subsequent chapters for individual commissions are
removed.
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 January 5, 2010.
(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 January S,
2010.
Attachments:
Proposed ordinance.
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A
NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND
OPERATING PROCEDURES FOR ADVISORY COMMISSIONS AND
BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT
COMMISSION; 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 d°' s 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 (now Commission) in the Ashland Municipal Code and edit existing
ordinances to reduce duplication; and
Page 1 of 49
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 2.10 [Uniform Policies and Operating Procedures
for Advisory Commissions and Boards] is hereby added to the Ashland Municipal
Code to read as follows:
2.10 Uniform Policies and Operating Procedures for Advisory Commissions
and Boards
2.10.005 Purpose. Advisory commissions 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 and boards, as well
as ad ho entities. 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 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 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. Members may serve
three (3) terms on any single commission or board, after which time the
Mayor and Council will give due consideration to other qualified candidates
before making a reappointment. 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,
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 any member not
Page 2 of 49
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 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 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 justifying 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 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 body can make
Page 3 of 49
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 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 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 or board.
2.10.065. Goals. Advisory commissions 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 or board may
make such rules and regulations as are necessary for its governance,
including the conduct of meetings, when not inconsistent with Ashland
City Charter, Ashland Municipal Code or Oregon law. These rules may be
less formal than Roberts Rules of Order. In the event of conflicts that
cannot be resolved less formally. Roberts Rules of Order shall be used as
the standard for meeting rules and procedures. 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 and boards must be independent,
impartial, responsible and not use their position for personal gain or to
benefit or harm others. Advisory commissions and boards shall operate in
the general public interest serving the community as a whole and shall
serve no special interests. Advisory commission and board members shall
not endorse in their official capacity any commercial product or enterprise.
Members should be aware the criminal codes, ethics and conflict of
Page 4 of 49
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 and boards
do not make final decisions subject to appeal but rather make
recommendations to, or act in an advisory capacity to the council. The City
Council is the final decision-maker on all city policies and the use of city
resources.
2.10.095 Gifts. Subject to the acceptance of the City Council, an advisory
body may receive gifts, bequests or devises of property in the name of the
City to carry out any of the purposes of the advisory commission or board,
which funds, if required by the terms of the gift, bequest or devise, 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 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 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 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 City advisory bodies committee
shall be considered advisory in nature and shall not be binding on the
mayor or city council.
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
Page 5 of 49
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 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 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 Commission] is hereby
added to the Ashland Municipal Code to read as follows:
2.11 Municipal Audit Commission.
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 Commission,
(formerly known as Municipal Audit Committee).
2.11.010. Municipal Audit Commission Established. The Municipal Audit
Commission 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 Commission
shall be responsible to:
A. Recommend to the council an independent firm of certified public
accountants to perform the annual audit of the city.
B. Analyze and report to the council significant findings in the annual
audit report and make recommendations regarding such findings.
Page 6 of 49
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 Citv
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. Anew Chapter 2.19, [Housing Commissionl, is hereby established
to read as follows:
2.19. HOUSING COMMISSION
2.19.005 Purpose and Mission The mission of the Ashland Housing
Commission is to encourage housing that is available and affordable to a
wider range of city residents, to enhance cooperation between the public
and private sectors, to encourage financial entities to support housing
programs in the city, to coordinate housing and supportive services
programs and to educate the citizenry and promote public knowledge and
understanding of the benefits of affordable housing.
2.19.010 Established-Membership The Housing Commission is
established and shall consist of nine (9) voting members and one (1) non-
voting ex-officio member who shall be the City Housing Program
Specialist.
2.18.015 Powers and Duties-Generally The powers and duties of the
commission shall be as follows:
A. To develop and recommend coordinated housing and supportive
services programs;
B. To recommend housing and supportive services priorities for the
'city;
C. To review and make recommendations to the City Council on
Community Development Block Grant (CDBG) and related
allocations;
Page 8 of 49
D. To review and make recommendations to the City Council on the
Housing Trust Fund and related allocations;
E. To investigate federal, state, county and private funding for
implementation of city housing programs;
F. To act in an advisory capacity and to provide advice and guidance
to the City Council and other commissions on housing related
matters;
G. To oversee the dissemination of accurate information on the city's
housing supply and affordability;
H. To monitor projects funded with the Community Development
Block Grant (CDBG) and the Housing Trust Fund;
1. To foster public knowledge and support of official city housing
programs
SECTION 5. Chapter 2.12, [Planning 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. The MaYOF shall be an ex effiGie, non
voting membeF of the City Planning CommissiGn-.
•12 020 (Repealed)
2.12030 Terms of Of€iGe VacanriaS
SUGGeSSOFS tO the GFiginal Fnernbe rs- cif thp City Planning Commission shall
hold effffir-e for four (4) yea FS-
2.1235Termse'Offina A.ftendanGe
All appointed CGRIFniccienerc shall be evneGted to attend Fegular4y
o~y ceceienc., and Lle.,Fingc.
ceheduJed Dlenni n.. Commission meetinecf c4 rl
meetings, BeaFd
when appliGable. Any Commissioner having two (2)
Page 9 of 49
and the position YaGant. Any Commissioner not attending a minimurn n
two thirds (213) of all srl1°'dul°'d meetings shall be ronSid°r°d 9narth.e and-
the Position van-ant. Attendance shall be e..:e.. .ed by the Gemmissinn
neGessary.
7 12 040 Cle..tiens of Affi°°rs _ Annual Deport
The Commission, at its fire meeting, or as set feFth in the Planning Commission bylaws, a SerretaFy who need not be a MembeF of the Commission, all of whom
shall hold effiGe at the PleaSUFe of the Commission. The Ser.Fetary shall
keen a GGurat° r°°°rd of all n eedine;s and the City Planning
shall, Commission on the fiFSt day Of OGtObeF of earh e make and file a
repeft of all its tFansaGtions with the City Coun
2.12.050 Quorurn - Rules and Regulation
Five (5) members of the City Planning Commission Genstitute a quorum.
The Commission m make and alter .Jrr and regulations fe
nt and nr°redUFe r intent ...ith the lay.; of the state and ;hall
meet at least ORGe every thifty (30) days. The FeGOMFnendatien to the City
Council of any amendment to the I -and Use Ardinanee OF COMPFehen;h.
Plan shall be by the affirmative 3vote of not less than a MajOFity of the total
member; of the remmi;sion
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.
.19 070 (oepeeled)
12 non Funding _ Gifts and Bequests
The City Couno:l may annually budget c__r_I. sumsand authoriz . the
The
employment of ....nS.JHng advice .end/er n staff to Garry out the
powers and duties delegated te the City Planning Commission and its
uh•.emmottee et fe Fth in this Ghapte. The Commission m
gifts, bequests or devises of property tG GaFry out any of the pUFpGses a
the ehapter wh:•.h shall he pl..eed On a al fund for the use of gaud
Comnissinn
SECTION 6. Chapter 2.13, (Transportation Commissionl, is hereby amended to
read as follows:
2.13 Transportation Commission
2.13.010 Purpose and Mission. Estabiisheds=enerall
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. Pc_wers and Duties, GeRe-Fally. The TranspoFtafion Commission
will Fev*ew and Fnake . ndefieM° on the following tepi..r as it
reletee to all meder of Transportation•
1. Safety; will develop, GGOFdinate and PFOMote tFanspoftatien
safety IpFegrarnrm,
Planning
* Will remmew and r as the n , body to develop
plans.
* \N:11 revap%q and makp r ndetiens in Type 111 Planning
s
transportation sertion of the C-pital improvements Program;
3. Funding! will make re-r--a-M-Menclations. W tha tFanspe"Fe4ien Le -make Modal a dty a alit..
governmental entities'
* Qelert a mbe. liaisons to attend and paFtiripate
the Rogue Valle..
* Examine Fnulti modal t'raneneFtatien Issues.
Page 12 of 49
D. 12marprs and Duties, SpeGifiGally. The T-Fanspertation Commission
P--hlqn I.A.Inrkq 13mrpc:tnr 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 Chair will
be eleGted among its m mbeFs annually. A ViGe ^hair...:u alga he °ler-ted
to the chair cin ApFil 30 following the Ghair-' s term expiration.
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 e
an adcHfinnal non voting ex offinin 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 Proaram;
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.
III= Term and Vasansies
years,
.A.. TerM. The term fa- r eanh voting membeF shall be three t!1
A Initial Term TransiHnn Three of the nine memherC shall he
2010; three of the nine
appointed to initiall terms expiring April 30s r
shall be appointed to initial terms expiFing ApFil r 2011;
and three-
shall be appointed to initial teFMs e g April 30e 2012. Following
these initial f
April 30.
G. Vaea Me.. An.... shall be filled by appointment of the Mayo
and- s nfirmed by the Cit.. rouunsar for the . e red portion of the
frets Fe--r e" more Mee to n gs : a 12 Fn nth n od shal1 Les e:dered
no lengeF aGtive and the position will be deemed vaGant.
2.13.040 Quorum, Rules and Regulations
Ana m a than half of the si ting voting members of the Commission stall
GORstitute a quorum- The Commission shall Meet Fnenthly and at least ten
tames p alendar..ear The Commissionnd a aka rules
and Fegulations fGF its government and
ronsistentwith the laws
f
of the State aRd the City Charter and GFdmnanGes-.
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.
2.13869 Reper!ts
The Gommosswon --;hall suh-mit Gepies of Its minutes to the City CounGil and
hall PFepaFe and submit c Gh r efts as from tome to time may he
Community Development DiFeGtGr.
Page 15 of 49
2.13.070 Compensation
Voting Fnembers- of the commission shall FPGP' afinn fa
servmGe while on the Transportation CGMMiSSiGR OF Traffir. Sub-Committee
SECTION 7. Chapter 2.17, [Public 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 belowl:
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 nnc n„finffitm n-g
A °AGquisition^ means the inwlu-eion of an arbAFAFk in the Ashland D--hlin
f
Q "ArbAinrk" m ang .mil Works of publiG aFt as d^fin^d h°"°in
C "Ashland PubliG Art Coll.,rf GR" m all publir art aGquffire.d by the City
by any means.
advanr.e planning of Gapital improvements.
Page 16 of 49
"City n st" or "pFejr.st" means vital i emenF nrr.iest in an
amount ever $25,000 paid for wholly oF In paFt by the Gity of Ashland t
sonstrrrstienr o er+ien FheFeeFr within the limits of the city of Ashland
"Gity " " " does not InGlude publiG Utility r
(e.g. eleetFir.r . Aterr c ster•mwate F)r LID imnFevementcr ine6rdinn
err o
I
r alterations,
rehabilitationr m aFtial nlaeementr F edelinn a GFd i nary r
car mainter.anse. n ry ten a fa..ility. Notwithstanding the above
or Utility pFojert (limited to wateF, sewer and steFFn wateF
ets\ in an amount ever 295.r000 as a r.ity n eGt r nder this ariisler b
N'`e7"e
deerrments n red by the r sihle a ntraGting ekeer
n n
AMC 9.17 010r s isting of seven m mbers appointed by mayor and
f! "Eligible funds" means a of frmds for nreieGts from whir.h art is
V "Dar+isinating den...+ment" means the department that i ..Meet to this
1 "Dereent for aFt" means program established by this artiele to set
"Pubft "
has been planned and eve....ted with the speeifled intention of being sited
or staged on City PrepeFly OF eA property owned- or controlled by the City
of Ashland, usually outside and aGGessible to the •
"Publin art "
r.ity budget established by thus artlGle Onto whiGh all moneys donated,
deposited. Funds within the pub"r. aFt aGGount shall he fGF the
"Removal"
means,
aFt Gollertion by the removal aAd disposal thFough any available syi.h as relinquishing title thro gh sale gift or destrrri.tien
r
Page 17 of 49
"SpIpatonn Panel" Commission that will evaluate the PFOposais assoolated with a partioula
."TOT
fl al Development Fee." means funds de posited by -a
aFt PFOGess for art aGeluisition and approval.
D "T 1 n-est" the F ♦ of the e'• ' fi al c ntribution means 2.17.010 Established Membership. Created
The Public Arts Commission for Ashland is established Greeted and shall have
the powers and duties provided in this chapter.
7 17 020 Members; • Terms
The Public Arts Commission shall consist of seven members appointed by the
mayor and confirmed by city council. The commission shall contain five members
from a broad spectrum of citizens including artists and those with a background
in the arts, arts organizations, education, structural and landscape architecture,
and two citizens at large. The mayor shall also designate a council member
as a non-voting ex-officio Geunril member and as liaison to the
commission. At least five members of the commission shall reside inside the
city limits. The appointees shall have tl.re, _ r forme The original
appointees shall be appointed; tWG fGF one yeaF, tWO fOF tWG years and
th e f three years, thereafter all forms ...ill he for three years All
being as the ethics lai-A-fa af the State Of QFegen may provide. Any eommissione
who *Q- ahq-pni from four or more meetings in a one year peFiGd witho.,
d hall hewAAsidered no longer active and thenesition
2.17.030 Offorsers,
At it fir t meeting the Public Arts Commission shall alest a chair and a
eXGept that the first nhair and
ViGe Ghair who shall hold OffiGe for one
f
ha' hail serve until the end of the calendar year. At the first
voGe- year hall nre over elections fAr chair and . nhair Neither the chair
Page 18 of 49
terfnS.
9 17 050 Meetings; QUGF Fnj "eting
The PublaG AFts Cemmess*en shall hold an offiGial meeting at least month!
and may • hold n..siel meetings as set by the som: l A m=...city of the
ion...
•
1 any item m st be ennreyed by a simple m city of the voting
mt...rs n nt at a eetino pass, unless otheFwi ..:ded
2.17.060 Rules and Regulations
The D bl:s Arts Commission shall establish s i.h r.Je and- regulations fo.
_
♦ government and wrored..res r--a- nsintent with the laws of the state and
_and
the orrlinanses of the city.
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
Voting members of the Gemmission shall FeGeive RG GOMpensiaticin fa
sepwdGes ndehrehd The remm:rr:ehe giKr, bequests OF devises
Of PFOpeFty on behalf of the Gity tO Garry out any of the PUFPGSeS of this
M.. r.ter Tlher shall the .hl+red .hl a ..t for use of the
2.17.090 Polhrmes
A. The PubliG Art P` em nh:r shall a Fate in the general publ:r intere.r!
9 ♦he r niw as a .whale it shall serve al iRterests
R. The Public A.Fts Commission shall not endarse any GOMmerGial pFedur.
OF enterpF ce
e
a request for SPeGifiG PFGjeGt. Every Gall for entry must romply with the Gity' s
Arehu:r:tieh.. AGgUiri{leh'h of pMIblir aFt will generally resul
frnFn -
on aGGerdaAGe With
the rity US*Rg Gity funds or donated
f
publIG GGRtFaGting laws and AMC Chapter 2.50~,~
donation, gift, loan.
2 Rpmcnral RP oval of publiG art Fnay be by Fequest OF owing
to some damage er deStFUGtiGR of the artwGFk;
Page 20 of 49
P e l t• Panel. n lipler-tweR el rate f'op` the P..hl:.. Art
Commission, Gensisting of aFt pFofessiona-'s and enthusiasts,
ident neaF p od site, r nit.. metubers n nil sit..
..d...in: tr..ters will be rhoseM to a aluate then eCals r ind
f a'{' t A d•K t 1 t' panel shall he rhnren for each
pFojeGt by the Commission afteF the following notifiGations have
been madem-
9A,,n ad is nlared in a newspaper of general r i-l.atinn in the
7 Do tcards are sent eut to all property owners lecated within
300 feet of the PFOposed
and
site,
The ComFnwssmc)n shall PiGk the- R-e-le-c-tion Panel by examining
PFOpesals whiGh meet the
C. Fvaluatmon of AGquisitien
•
r irements set ferth :n the Gall for entries iAFill he given to
the Celertion Panel for r The proposals for ..re^isition shall he
evaluated based upon Gri e--r-62 spet f- awth in the eall fGF entFies at a
publiG meeting. The SeleGtien Panel will evaluate the prepebsials and
D. Removal and Disposal Process C..rept a provided In A11AC
follow any paFtuGu!aF PFGGess for remewal and disposal of aFt on the
7 47 9411 Pe..ie... n cess fe" gifts e.• dentitions
The Commission may 60"Git gifts and bequests of publiG aFt qr f--nd-q to
to a pt all curh gifts of art...orL on behalf of the rite and the Ashland
evaluation, PublmG AFt Collectuen on its own motion or upon a FeGOmmendation by the or by FeGOMmendation of the
Commission after the SeleGtien Panel has evaluated the aFtWOFk using the
n~~idelines On AMC 9 97 4411 and the tntal aect ever the life of the artwork
Page 21 of 49
A11 art ...nr4 r fund shall he administe Fed by the site in .Flog... with
designated by the donor. Funds in this aGGount Fnay only be expended afte
they have been PFOperly budgeted OF appFGved by the Gity.
7 97 120 O.dJie Art en Qri.e..te Qre.nerty
determine whetl1e" the cite. is annre.nriate for publie. art . ndeF the Site
SPIAntean rr;tPFua in AMC 2.17.130. if the site is found to be appreffiate fo
publur. art, the City shall seGure witherization to use and ar.Gess the pFivate
for n.dJic art is initiated There shall hen written a nt e.r legal
e
e
A. AGquIsItien in AMC 2.17.100, or
Q f`ifts and donations in ARM 2.17.110.
1The a"GFk should be of exGeptmenal quality and
. Quality.
2. Sute. The artwGFk should enhanGe the existing rhararteF Of
the site by taking into a nt c ale olor, material to xt..re
r e. r . r
Gentent, and the soGffial dynaFn;r--q- of the
4 Llisten. and Context The ..rh.ee.rL sho..id s cider the
histeriGal, geographiGal, and Guiltural features of the site, as
landsoaping of the site.
A Initial /`es4 The totalcost of the art...erLr eluding all items
~
i
S. Maintenance and 11.°ahility. The d..rahility and west to
Fnamnta*n the aFtWGFk should be GensideFed and quantified,
f
par-tur.ularly If the work is serviGiRg, FeplaGement of moving parts.
Page 22 of 49
be rnnsidefed
7 Media All fer'ryw of visual Fnedia shall be r sidered
r
ou bjeyct to a nts set feFth by city rrdinnnww
A Puublic I i..bility The arh.uryrk should not r .ult in of ytv
hazards, n a extraordinary liability to the wity.
10•
erwer..irww of adjaGent or nearby businesses.
tt Comnlianre Artworks shall not yielatey any federal state
r r
R /_..idelinew for Site Qelertien
1. Ownership OF COMM'. PubliG art should be placed on a site
e e
nt OF legal i struumentr g nfinn the City permission to
use the property fGF publir. art r
r
7 Visu ual Accessibility. Du blic art should hew wily visible and
wwessible to the nurbliw
4 Visual Cnhanwemwnt P.uhli.. art should y ally enhanco the
r
paths.
r
r
overwhelmed or Gompeting with the srale of the site, adjasen
rchitewtuurw large c gnagw billboards etc
r r r
2.17.140 Standards for the Ashland PubliG AFt Collention
Page 23 of 49
A A..g"isitiens The following minimum standards and eriteria shall
4 Arhanr4c may b.a a Fell by direet p"relaase rnmmiss inn
n ift or any otho
f gift, shall er.GUr by a legal of GenveyanGee
f
or otbeF ....dtlng trfnsffarring title of the .artwork to the City and
v1e.aw.da. defining the rights . and and respnsihilitios of all parties
.
Z The pity shall obtain the rights of ownerohin and possession
without legal n ethioal restr:et:ons on the f"t"re use of the ,
exrept where
a"erk upon final ar.GeptanGe of the
e
expressly provided in the e.an6•ast with the .a.•Fist The a4lst
shall rrc.... t.ain all Fights and interests in the .artwOFk o pt for the
.r-........ In the '"'ma'r' for
rights of Gwnership and possession
A The City shall only a a"t' orks if: 4\ the a"tist warrants or permi
s
nthprq to do go without Witten peMissien by the City, and 2)
the a"tist gives n to the City to make a two
dimensional
the s ght s mbel name of the .artist title of tb
Mate`I and m ntainod for all a't' GFks in the Ashland D"blio
Art CnIlAnflan
RR R~m^yal
based on one or More of the following conditions. NG publiG
he aring i required for a removal r ndation
h.asayse the site is no long Bible to the p..blis e
the physi...al site is to he destroyed o nifio+ntl..
sly
b. The aOWGFk is found to be fGFged or eounterfelt.
r The arbAlark possesses substantial demonstrated
faults of design or..'.arkmans Mip
Page 24 of 49
maintewanse.
e. The a"ork 6s damaged lFrepaFably, or so severe!
that repaiF is iFRpFaGtiGal.
safety.
g. The aFtwoFk IS FaFely displayed-.
h A w.dtte.n est Seer removal has been F eed from
the aFt'ust
zxtc-~ic
a. OR its own motiGn, or following FeGeipt of a
dIS6FEtonn
b. AeGeptaMe or plaGement of donated art by the Git
Identity,
title to the .+rtWGFk, • thus, eliminating the si"
d. Notwithstanding the abeve, Artwork shall be disposed
of *n acsn-cardmnGe with any spen-ifir terms for ramoval
and dwspesal set forth in the gGontran-t with thp AFfist,
3. Remeval and Disposal.
a. The Gity may donate the artwork to another-
eewernmental entity or a efit ernanizatien
h A , GFk that is deemed to have re.tamne.d s„ffisient
monetary mlueta- warrant ~yge1 shell be disposed e
through uhliG sale, a ,Gt0on or any other means as
established by Gity erdinanrw;
Page 25 of 49
n-. ArbA.Fn-rkq- removed Uem the Ashland Public- Art
Coller.tion Fnay be disposed of through any appFepFlate
rl..dine the rot..' s procedures for the
Fneans, disposition of surplus PFOpeFty-.
C. Berrowing of AFtwerks.
LVI-1
7 I.Mifh the exception of ownership the eligibility, revie w
these e tab": hed in th:s ..rt:rle fr.ar....:war..
3. The horrm.A.Fing of aFtWGFks shall be PUFSuant to Witten
nagmement between the city and the artist
A Nothing hereon prohibits the rite fre.n serer:ng ether wort
of aFt OF aFt exhibitions for display inside its faGilities.
2.17.150 Ma*ntenanGe of the Ashland Publin- -Art ColleGtien
A Cvrept ...here a ssly pre..:ded in a ntra^t a rranty for
aFtWGFks in the- Ashland- PubliG Art C011OGtmG4l-.
B. Wmthen the limitation of the Gity budget the eity shall pFovide
ReGessary and appropriate maiRtename of the Ashland Public A but not limited to, regulaF eustodial nare and
e
for the p .af:en ..f the ...orL
..rh....rLs On the Ashland D~~MI:w Art Collewt:on shall be ip--ned:ately
erted to the a iate City Department City staff shall keep the
2.17.160 PaFks
The standards and proGedures On this aFtiGle aFe in additien
not On
to,
preieGts proposed in wity parks Nothing herein exempts publiw art proiewts
f
buit not limited to, land develop.M.ent regulations and building G
1' n
Page 26 of 49
2.17.170 Development of guidelines
The Cn....pis t...ll L....m the ability to establish farther guidelines-
2.17.120 Creation, funding and use of Ashland . at
A C tab10 hm.,n! Tt.e Ge..n..il hereby establishes a paste
gape
ity budget All funds donated apprenriated OF rated for the
the Commmial De..elenmen4 Fee In lieu established in chapter dQ
r
cell a the Transient Asrrpap y Tax Recelrr4ien arrtherizerl i
ChapteF 4.24, and the POFr--P-nt far Art dedication in this seGtion shall
all be deposited into the Ashland O..hli.. Art Aere.m4
shall be used solely fGF the r r r and
Rity in aGGGFdanGe with the
r
shall, employee who authOFIZes or appropriates expeRditWes on behalf e to the degFee that
there are eligible funds, inGlude within the budget fGF the pFejeGt -a
(0.5%) of the total Gest of the projeGt
peFGeRt 1. One half percent 0
deposited Onto the publiG art aGGaunt by the rity
offir.lal or employee aGtiRg on behalf of the paFtiGipating
de a"tment n ad ier than the time that budgeted frrndg a
7 The partiGipating de.pa.iment shall wencider the citing ei
publiG aFt as paFt of the design and engineffiRg phase of an
eity n et If rests a red by the nartiwinating
department tee ply with this a.ti..le r nt p "te
0
Page 27 of 49
(.5%) dediGatien at the tuFnp- suinh funds
the one half peFGent ore transferred.
expenditUFe, the ne.rtie.n of the rite n Gjert that is finds' with the
rL L d funds shall heexempt fron, the dediraLie.n r ents ei
arfinip.
G DheCed ore:ertr As genera' r..le...here ° city nre.:ert Will be-
, the one half PeFGent 0
be applied to the estimated total rntt Of PaGh phase of the i
Gity
aprojeGt at the time that funds for the phase a eted and
enr..mhered Ye...e.eer, nGthino In this sert:rn n nts the P`e.,,nril
from clen-icling to hold OF set aside all or paFt of the- entire ded"Gation
.qtr in determin:n.....hen to hold e` set aside the f..nds for r
PFGjeGt to ensure that art is not leGated on a piemneal basis with
phase GenstruGtion.
Gn-incil
after authorization of the City Adm strator or the Administrative
Cen.ires flirertor /C:nar.re.\, and shall he made a ord:ne. to this
to the publiG GORtFaGteng Gode (AMC Chapter 2.50).
guidelines for administration of the pment fOF art PFOgranl-,
herein based on the availability of n„hl:r funds, as well as + other
matteFs not spermfiGally addressed herein and appropriate OF
neGessary to the administration of the pregFaFn.
Page 28 of 49
SECTION 8. Chapter 2.18, [Conservation Commissionl, is hereby amended to
read as follows:
2.18 Conversation Commission
2.18.010 Established-Membership
The Conservation Commission is established and shall consist of nine (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.
7rn18rcvT~. 020 TernTm^ vmTV VaGvaneie
cTrcS
The to FFn of voting members shall be far th Ype •evars Hiring ~n April 30 eF
r e
eaGh year. Any YaGanGy shall be-fill I I _ . . i I nent by the MaYOF with
Genfiffnatien by the City CGUAGII f40F the unexplFed portion of the terFn. The
r
to FFns. of the initial nine mbeFs shall be three Members for one .
thFee for two r
they first meeting of the Gommiss Len after the adoption of this r elrrFion
Their s.reeses60rs. shall be a rated far three .gear terms. Any
PeFiod shall be ronsidered no longer aGtive and the position vaGant and a
new person shall be appointed to fill the YaGanGy-.
2.18.030 QueruM-R-laq and Meetings
Five voting members of the commisslen shall constitute a querum If a
present at the meeting and entitled to vote shall he suffirient to annel-ir
L.rrs Ones Tha c: make FU18S and regulations for its
meetings and n edrrree o stunt with e.ity erdinannes and this
rese lution and shall meet at least a v every nth At its. first meeting, a r
period of one yeaF OF until replaGed by the Gommission.
2.18.040 Powers and Duties-Generally
Page 29 of 49
The powers, duties and responsibilities of the commission shall be to educate
and advocate for the wise and efficient use of resources by the City of Ashland
and all Ashland citizens. In doing so the commission shall recommend to the
council the adoption of policies, implementation strategies and funding related to:
A. Recycling, source reduction and solid waste/landfill issues;
B. Electric conservation issues;
C. Water conservation issues;
D. Resource conservation issues;
E. New power resource decisions, but not including decisions
involving wholesale power contracts;
F. Renewable resource decisions;
G. Air quality issues;
H. Education of citizens about efficiency issues; and
2.18.050 Reports
The commission shall sub-m-flt ropffies of its minutes to the Gity Geunell and
shall prepare and submit suGh repeFts as fFGFn time to time rnay43e
Fequested by the ra
2.18.060 Compensation
r^^eirnr rendered-.
SECTION 9. Chapter 2.21, [Cable Access Commissionl, is hereby amended to
read as follows:
2.21 Gahl^ Arress Gnmm:cr:^n
2.21.010 Dpfffinffitffinns
The folIGwing words and phFaSP-ES whenever --sed In this chapter shall h
rnngtr--^e'1 .ter de fined On this r^^4:^n . nless from the r ntext a d:K^ren♦
meaning is intended.
ear} ^T2FR.;,@RL-aweSSr-.,a:,.:
Ghannells provided to the City of Ashland by the Cable CeFnp
annnFdaRnp with SPGtOOR 26 of Ordinance hin 2258 n--r th e C all- -'e- T-e-1 evisl on
GensumeF ProteGtion and Competition AGt of 1992.
"Commission" Fneans the Ashland Cable AGress COMMiSSiGR Mated
by and with authWity as delineated by this ardinanre
Page 30 of 49
.
C. "RVTV^ means Rogue Valley Community Tele .icier.. as administered b
th E d d ra ° ore.gram of ce...the.r., nre.gGR State College.
9 9.1 119!1 Commission Established Me mbership
A. The Ashland Cable Access Commmssffien bs Greated and shall Gons-st of
five FnembeFs appGonted by the Mayor and GenfiFFned by the CounGil.
S. Thp- Cammussmon shall also Gensist of the following ex-efftlo, non
sting members: the. City of Ashland Admi"istratGF OF designee and
FepFesentative of the Southern OFegon State College RVW staff-.
9 94 O30 Terms VaraRGCes
When the first members of the Commission aFe appointed by the Mayo
nde.r Ce.stie.u. 9 99 !1911r two shall be appointed for a berm to expire jul
1997, r and one shall
positions shall serve berms of three yeaFS. `layaneies shall he filled as
PFGFRptly as possible. Any Co-m-Missin-ner ihihn Is absent for b"
e.nuae.suut:.ee, m e.tings er fe...r meetings ed without Leering
ed hall he wens:dered no lenger asti.ee and the position . "t
r
9 99 040 A..erum_ Giles and !!Meetings
A qUGFUFR shall exist wheneveF a majGFIty of the duly appointed vGting
ember are present A m rite of a n..or..m shall ben rue fe.r the
GondUGtmRg of buisines-s- at meetings. The Commmssmon shall develop and
operate in awoordanee with a :ate Mies and regulations far the
and shall Fneet at least eveFy etheF month.
meetings,
2.21.060 Poi.A.mrs and Duties General!
The Commission shall;
A. Review, adopt and reGGmmend for City CounGil appFoval appFOPOate
CVTV i..e.l..di..g . of ..sse.ss faGilitie.s The pnlie.ies and p e.e.duure.s shall
regarding pu.L.l:s a s The Commission shall m nitar and a ist :n
...here appropriate the : plementation of these guidelines pe.lisies and
r f
praop e T
B. MGnitGF, evaiuate and make FeGommendations to the City COURGII
regarding the effent:veness of agreements between the e.ibe and Ceuuthn.•n
f
Page 31 of 49
equipment and far.11ities.
G. The Comma 'ten shall have the f..aMe" . sibility to assess whether
strategies, and to develop 1()Rq Fange plans,
and reGommendations fa
_n. The Commission shall have the authority to searrh GUt gFaRt f"AdS and
development, and to seek additional paFtlGipan
2.21.07-0 Appeals
ExGept a provided On this section a der:sien of the Commission is final
PFOvided the petitin-n iss filed within 60 days of the
any peFSon
f
aggFieved by a deGision of the Commission may petition the Ashland Cit
GeunGil to hear an appeal of the der-Asion. The GounGil may der-line te hea
the petition If the Covni.il hems the petition, it shall have the autheeity to
f
2 21 080 RepoFts -
The Commission shall submit r pies of its minutes to the City Co..noil and
MaYOF and City Couneffil.
2.21.090 Compensation
Voting members -of the Commission shall FeGe* Mien f4o
sep.iGes . ndered The Commissien may reGei nts o:Ns bequests o
r s
devises of prepeviv to sa°p• out any of the p cases of this Chapter which
shall be plased in a speGial aGGGURt fQF the use of the Commission.
SECTION 10. Chapter 2.24, (Historic Commission], 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 Term _ Vasaneies
The m mbers shall be a nted by the Mayorr, with senfirmation by the
City CounGil, for three (3) year •
Initially, three 041 m r` beFs shall be appointed to terms expiring-GR
Desemher 31, 4975r three 041 for term expiring Deremher 31, 4978r and
three 041 For terms e e Deremher 444 4077 (Ord 9494A ehanged
expiration dates to April 30th of the next yeaF beginning for terms ending i
Tv°v) 1
Their sur.Gessors shall Leappointed to three 041. r terms
Any Commissioner who is absent fFGFA feuF (4) OF MOFe meetings in a ene
yeaF period without being exGused, shall'be ronsideFed no longer aGtiVe
and the position YaGant, and a new G-e-mmis-s-in-neF shall be appointed to fill
the vaGanGy. (Ord. 2423 A S4, 1989; Ord. r
2.24.030 QuGru-m - Rules and Regulations
Five (5) voting m ethers of the Commission shall n nstitrrte a qUGFUFR.
At its fiffit meeting of the yeaF the Commission shall e!eGt a Chair, ViGe
Chair and Secretary.r who shall held office at the pleasure of the
Commission. The Commission Fnay Fnake rules and Fegulations for its
goyeMment and p seducer sensistent with the laws of the State and Cety
CharteF and OrdinanGes and shall meet at least enne a manth an the first
Wednesday at 7.401 P.M. in the Ashland Community renterr 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.
2.24.050 Reports
time to time may be requested of them by the Mn..^F and City re„eeil and
the Planning Commission.
Voting m mhers of the CeFnFnissi^^ shall rpnamye no setoe^ ser
se..ri^es . ^dered The Commission m e e gifts bequests er 'te•'i ses
of propeFty to Garry out any of the PUFposes of thus ChapteF, whiGh shall be
SECTION 11. Chapter 2.23, [Ashland Airport Commissionl, is hereby amended
to read as follows:
2.23 Ashland Airport Commission
2.23.010 Established - Membership
There is hereb established an Ashland Airport Commission which shall consist
of nine (9) voting members, ^ e (1) of whi..h shall hp the P`e„esil peFSGR
Commission, appointed by the MaYOF as liaison to the and two one (1) u
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 Fnember-s shall be appointed by the Mayor, with eenfirmation b
the City Gounsil:
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 VaGanGmes-
Page 34 of 49
The term of eight of the .eating members shall he ter three /11 veers
shall he f4a-r n- Re (1) yeaF. Any varanGy shall be filled by appointnIent by the
the term The terms of the initial eight Fn embers shell he h.ee fer One M\
ye aFr three fer hOe (2) years, and three fer three (3) • sr whiwh shall he
dFawn by lot at the fiFSt meeting of the Commiss mein after the doption of
th"S Ghapten Their suGGesser-s shall be appointed to thFee (3) year teRnS.
without being exGused, shall be Gensidered no longe
one ralendaF
year,
aGtive and the position YaGant, and a new CommissioneF shall be appointed
to fill they enw.e
2.23.030 Quorum Rules and Meetings
Commission Fnay Fnake rules and regulations for its government and
PFOGedUFe, GGRs6,4Pnt wwth thp laws of the State and City Chader and shall
meek at WaSt a rye 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.
2.23050 RepoFts
shall pFepare and s s unh reports as from time to tome may43e
Fequested by the MaYOF and City Counoil.
2.23.060 Compensation
Voting members of the Commission shall Feeei atuan fa
se.rViwe s r nde.re.d The Commiccien may reweive viftc hee.rmsts
r re
devices of property to werF• out n of then of this Chapterr whiwh
shall be segFegated fFOFR ethOF funds for use by said Commission with thee
aPPFOVal of the City COURGil.
Page 35 of 49
SECTION 12. Chapter 2.25, [Tree Commission], 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 adYlGe and guidanG
ommiss Lon f the Coune.il and situ de aFtme,nts o all tree--elated matters
nd to i olye °itiaens i FGteG-ting Ashland's urban forest The,
Cnmm*,;qOcbn shall nonsist of the aGtual number of Gurrent sitting
r_nmm*qqmnn members appointed by the MaYOF and GdRfiRned by the Cit
CeunGil PUFSuant to AMC SeGtion 2.25. 020, but in no nase and-shall consist
of no there be less than five members nor more than seven voting members.
There shall also be and three non-voting ex officio members consisting of a
member of the City Council, a representative of the Community Development
Department and a representative of the Parks and Recreation Department. The
votiRg Fnember-s shall be appointed by the MaYPF with Genfirmation by the
City COURGII.
.2.25.020 Term _ VaGane.ie.s
The term of 'a voting f`o m missioner shall he for three years Any VaeaAs.e
ghall hp fillpel hy appointment of the Mayor with Gonfirmation. by the Cit
er m ed ahse nGes from meetings•i period shall he
GORSidered no lengeF active and the position varant and a new
Com-mis-sioner shall be appointed to fill the vaGaRGY.
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.
make FUles and regulations fGr its meetings and PFOGedures Gensisten
with Gity OFdinanGes, and shall meet at least onGe eveFy month. At its fiFS
meeting of sash year the Commissie shall elee.t a Chair a Viee Chair
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.
2.25.059 t epoft
The Commission -,-;hall 18--i-h-mit Gepies of its minutes to the City Council and
shall pFepaFe and submit suGh FepoFts as ffem time to time may-be
Fequested of them by the Gity Counr-Al er the Planning Commission.
Page 37 of 49
2.25.060 Dnnatkms
reGelve gifts, bequests OF etheF deviGes Of PFGper-ty In the name of the Cit
tG w out a of thepurposes of this rhapte.,.hGh shall be placed in a
pe^:.,i , nt fe' us-e at •he a:°^.etie of the r.... rn*gg:se Penalty
mitigation fees as described OR 48.64.030, C and aUthGFized by City CeURGMI
may also be plaGed In suGh aGGeunt.
SECTION 13. Savings Clause and Continuation of existing appointments.
Notwithstanding this amend ment/repeal, the City ordinances in existence
at the time any criminal, civil, or administrative enforcement actions or
other applications or actions were commenced shall remain valid and in
full force and effect for purposes of all cases, applications or action filed or
commenced during the times said ordinances resolutions or Code
provisions were operative. This section simply clarifies the existing
situation that nothing in this ordinance affects the validity of prosecutions,
applications or actions commenced and continued under laws in effect at
the time the matters were originally filed. Further, Notwithstanding any
other provision of this Ordinance, currently seated Advisory commission,
committee and board members, (voting and non-voting), as well as
Liaisons, appointed under authority of prior Code, Ordinance or
Resolutions or shall remain seated and shall be considered appointed for
purposes of this ordinance in accordance with original term expirations as
they currently exist. Members who have abandoned their position due to
unexcused absences in accordance with prior ordinance or resolutions
provisions shall not be excused or saved by this Section.
SECTION 14. Repeal. Resolution No. 1995-25 is hereby repealed.
SECTION 15. Repeal. Resolution No.1996-18 is hereby repealed.
SECTION 16. Repeal. Resolution No. 2003-07 is hereby repealed.
SECTION 17. Repeal. Resolution No. 2007-15 is hereby repealed.
SECTION 18 A new AMC Chapter 2.29, [Public Art], is hereby added from
deleted / moved sections of revised Chapter 2.17 to read as follows:
2.29 Public Art.
2.29.005 Definitions
Page 38 of 49
A. "Acquisition" means the inclusion of an artwork in the Ashland Public
Art Collection by any means including direct purchase, commission or
acceptance of a gift.
B. "Artwork" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acquired by the 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 anv capital improvement project in an
amount over $25,000 paid for wholly or in part by the city of Ashland to
purchase or construct any public building, decorative or commemorative
public structure, sidewalk, or multi-use pathway construction, park facility
construction, or anv portion thereof, within the limits of the city of Ashland.
"City project" or "project" does not include public utility improvements,
(e.q. 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 project 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 obiect of expenditure.
H. "Participating department" means the department that is subject to this
article by its sponsorship of a city project.
1. "Percent for art" means the program established by this article to set
aside a percentage of the total cost of city 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 Citv
of Ashland, usually outside and accessible to the public.
Page 39 of 49
K. "Public art account" means the city of Ashland public art account in the
city budget established by this article into which all moneys donated,
appropriated or derived pursuant to the percent for art program shall be
deposited. Funds within the public art account shall be utilized for the
purposes outlined in this article.
L. "Removal" means the exclusion of an artwork from the Ashland public
art collection by the removal and disposal through any available means,
such as relinquishing title through sale, gift or destruction.
M. "Selection Panel" means a group of individuals selected by the
Commission that will evaluate the proposals associated with a particular
prolect 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 prolect 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 prolect.
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 prolect. 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
project by the Commission after the following notifications have
been made:
1. An ad is placed in a newspaper of general circulation in the
city.
2. Postcards are sent out to all property owners located within
300 feet of the proposed site, and
3. A notice is placed on the city's website.
The Commission shall pick the Selection Panel by examining
applications received from interested parties.
C. Evaluation of Acquisition Proposals. Proposals which meet the
minimum requirements set forth in the call for entries will be given to
the Selection Panel for review. The proposals for acquisition shall be
evaluated based upon criteria set forth in the call for entries at a
public meeting. The Selection Panel will evaluate the proposals and
make a recommendation to the Public Art Commission regarding
which proposals to accept. The Commission shall forward that
recommendation to the City Council for final selection. This
ordinance does not exclude land use approval processes when
required for the use or structure.
D. Removal and Disposal Process. Except as provided in AMC
2.29.140(B), neither the Council nor the Commission is bound to
follow any particular process for removal and disposal of art in the
Ashland Public Art Collection.
2.29.110 Review process for gifts or donations
The Commission may solicit gifts and bequests of public art or funds to
benefit the Ashland Public Art Collection. The Council shall decide whether
to accept all such gifts of art work on behalf of the city and the Ashland
Public Art Collection on its own motion or upon a recommendation by the
Commission based on its own evaluation, or by recommendation of the
Commission after the Selection Panel has evaluated the artwork using the
guidelines in AMC 2.29.130 and the total cost over the life of the artwork.
Page 41 of 49
All art works or funds shall be administered by the city in accordance with
its terms. Funds donated to the Commission shall be placed in a special
account to be used exclusively for the purposes of the Commission or as
designated by the donor. Funds in this account may only be expended after
they have been properly budgeted or approved by the city.
2.29.120 Public Art on Private Propert
y
Before public art can be placed on private property the Commission shall
determine whether the site is appropriate for public art under the Site
Selection criteria in AMC 2.29.130. If the site is found to be appropriate for
public art, the City shall secure authorization to use and access the private
property where the public art will be located before the acquisition process
for public art is initiated. There shall be a written agreement or legal
instrument, granting the City permission and control of the property so that
the property can be used for public art purposes, including access for
installation, maintenance and removal of the artwork. Public art can then be
acquired for placement on private property by following the process for:
A. Acquisition in AMC 2.29.100,.or
B. Gifts and donations in AMC 2.29.110.
2.29.130 Guidelines for recommendation by the Commission
A. Selection Guidelines for Works of Public Art.
1. Quality. The artwork should be of exceptional quality and
enduring value.
2. Site. The artwork should enhance the existing character of
the site by taking into account scale, color, material, texture,
content, and the social dynamics of the location.
3. History and Context. The artwork should consider the
historical, geographical, and cultural features of the site, as
well as the relationship to the existing architecture and
landscaping of the site.
4. Initial Cost. The total cost of the artwork, including all items
related to its installation, should be considered.
5. Maintenance and Durability. The durability and cost to
maintain the artwork should be considered and quantified,
particularly if the work is servicing, repainting, repairing or
replacement of moving parts.
Page 42 of 49
6. Permanence. Both temporary and permanent art works shall
be considered.
7. Media. All forms of visual media shall be considered,
subject to any requirements set forth by city. ordinance.
8. Public Liability. The artwork should not result in safety
hazards, nor cause extraordinary liability to the city.
9. Diversity. The artwork in the Ashland Public Art Collection
should encourage cultural diversity.
10. Commercial Aspect. The artwork shall not promote goods
or services of adjacent or nearby businesses.
11. Compliance. Artworks shall not violate any federal, state,
or local laws, including specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. Ownership or Control. Public art should be placed on a site
owned or controlled by the city, or there should be a written
agreement or legal instrument, granting the City permission to
use the property for public art purposes, including access for
installation, maintenance and removal.
2. Visual Accessibility. Public art should be easily visible and
accessible to the public.
3. Visual Enhancement. Public art should visually enhance the
overall public environment and pedestrian streetscape.
4. Pedestrian Accessibility. Public art should experience high
levels of pedestrian traffic and be part of the city's circulation
paths.
5. Circulation. Public art should not block windows,
entranceways, roadways or obstruct normal pedestrian
circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is
overwhelmed or competing with the scale of the site, adjacent
architecture, large signage, billboards, etc.
2.29.140 Standards for the Ashland Public Art Collection
Page 43 of 49
A. Acquisitions. The following minimum standards and criteria shall
apply to the acquisition of artworks.
1. Artworks may be acquired by direct purchase, commission,
gift or any other means.
2. Acquisition, whether by direct purchase, commission, gift,
or otherwise, shall occur by a legal instrument of conveyance
or other writing transferring title of the artwork to the City and
clearly defining the rights and responsibilities of all parties.
3. The city shall obtain the rights of ownership and possession
without legal or ethical restrictions on the future use of the
artwork upon final acceptance of the artwork, except where
expressly provided in the contract with the artist. The artists
shall retain all rights and interests in the artwork except for the
rights of ownership and possession.
4. The City shall only acquire artworks if: 1) the artist warrants
that he will not make a duplicate of the artwork, or permit
others to do so, without written permission by the City, and 2)
the artist gives permission to the City to make a two=
dimensional reproductions as long as all such reproductions
provide the copyright symbol, name of the artist, title of the
artwork, and the date of completion.
5. Complete records, including contracts with artists, shall be
created and maintained for all artworks in the Ashland Public
Art Collection.
B. Removal.
1. The Commission may recommend removal and/or disposal
based on one or more of the following conditions. No public
hearing is required for a removal recommendation.
a. The site for an artwork has become inappropriate
because the site is no longer accessible to the public or
the physical site is to be destroyed or significantly
altered.
b. The artwork is found to be forged or counterfeit.
c. The artwork possesses substantial demonstrated
faults of design or workmanship.
Page 44 of 49
d. The artwork causes excessive or unreasonable
maintenance.
e. The artwork is damaged irreparably, or so severely
that repair is impractical.
f. The artwork presents a physical threat to public
safety.
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 project and no later
than final inspection of the completed city project.
2. The participating department shall consider the siting of
public art as part of the design and engineering phase of any
city 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
proiect 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 proiect is subject
to legal restrictions that preclude public art as an object for
expenditure, the portion of the city project that is funded with the
restricted funds shall be exempt from the dedication requirements of
this article.
E. Phased Projects. As a general rule, where a city project will be
constructed in phases, the one-half percent (0.5%) dedication shall
be applied to the estimated total cost of each phase of the city
project at the time that funds for the phase are appropriated and
encumbered. However, nothing in this section prevents the Council
from deciding to hold or set aside all or part of the entire dedication
from the funds of a particular phase, as the Council deems
appropriate. In determining when to hold or set aside the funds for a
phased project, the city will consider an overall public art plan for the
project to ensure that art is not located on a piecemeal basis with
phase construction.
F. Monetary contributions for public art shall be deposited in
separate accounts within the public art account if separate
accounting is deemed appropriate by the Administrative Services
Director (Finance) or is required by law.
G. Monetary contributions or appropriations made other than
through the percent for art program shall be deposited in the public
art account and may be dedicated to or earmarked for a specific
education program or work of art, subject to acceptance by the
Council.
H. Disbursements from the public art account shall be made only
after authorization of the City Administrator or the Administrative
Services Director (Finance), and shall be made according to this
article and other applicable city ordinances, including but not limited
to the public contracting code (AMC Chapter 2.50).
1. The Council may adopt by resolution case specific waivers or
guidelines for administration of the percent for art program,
including case-by-case waivers of the required dedication set forth
herein based on the availability of public funds, as well as any other
matters not 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 "bode", "article",
"section", "chapter" or another word, and the sections of this Ordinance may be
renumbered, or re-lettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 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 2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 49 of 49