HomeMy WebLinkAbout2014-0805 Council Agenda PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time pennitting, the
Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council
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some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 5, 2014
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly
scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Goal Setting of July 11, 2014
2. Study Session of July 14, 2014
3. Business Meeting of July 15, 2014
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's proclamation of August 6 as Hiroshima Day and August 9 as
Nagasaki Day
2. 2014 Drought Update
VII. CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. Acceptance of a Federal Aviation Administration grant
3. Award of a construction contract to the apparent low bidder for the Ashland
Municipal Airport taxilane extension
4. Contract for Legal Services for Douglas M. McGeary
5. Review of contract error on social service grant to Mediation Works for BN
2013-2015
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
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VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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. Public Hearing and approval of an ordinance titled, "An ordinance levying
taxes for the period of July 1, 2014 to and including June 30, 2015, such
taxes in the sum of $10,422,003 upon all the real and personal property
subject to assessment and levy within the corporate limits of the City of
Ashland, Jackson County, Oregon and repealing Ordinance 3096 and
declaring an emergency"
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. Appointment to Budget Committee
2. Second reading by title only of an ordinance titled, "An ordinance amending
the Ashland Municipal Code Title 6 Business Licenses and Regulations to
add Chapter 6.50 establishing time, place, and manner regulations and a
permitting process for medical marijuana dispensaries"
3. Second reading by title only of an ordinance titled, "An ordinance establishing
a tax on the sale of marijuana and marijuana-infused products in the City of
Ashland"
4. Second reading by title only of an ordinance titled, "An ordinance amending
AMC Chapter 2: Rules of City Council, Uniform Policies and Operating
Procedures for Advisory Commissions and Boards, Recreation Commission;
Conservation Commission; and Certain Administrative and Operating
Departments"
XI. NEW AND MISCELLANEOUS BUSINESS
None.
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of an ordinance titled, "An ordinance amending
Ashland Municipal Code Chapter 1.08 General Penalty, Sections 1.08.010,
1.08.020 and 1.08.030 compliant with current state statues"
2. Second reading by title only of an ordinance titled, "An ordinance repealing
temporary moratorium on establishment of medical marijuana dispensaries"
3. Second reading by title only of an ordinance titled, "An ordinance relating to
adoption of the Oregon Fire Code and amending AMC Chapter 15.28"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title 1).
City Council - Goal Setting
July 11, 2014
Page 1 of 1
MINUTES FOR THE GOAL SETTING SESSION
ASHLAND CITY COUNCIL
Friday, July 11, 2014
Siskiyou Room, 51 Winburn Way
Goal Setting began at 8:30 a.m.
Mayor Stromberg, Councilors Voisin, Morris, Lemhouse, Slattery, Rosenthal and Marsh were present.
Staff. City Administrator Dave Kanner and Park Commissioner Stefani Seffinger were in attendance.
Council reviewed and discussed its draft strategic planning goals and developed the attached list of
objectives and action items.
The council requested that this list be distributed to department heads for their input and agreed to
reconvene on August 8 to begin the process of culling and finalizing the draft objective.
Session ended 2:30 p.m.
Respectfully submitted,
Dave Kanner, City Administrator
Council Study Session - July 11, 2014
Strategic Planning/Goals
Government
Leverage our regional and state relationships to increase
effectiveness in relevant policy arenas
1) Develop plan for coordination with Jackson County on the following:
a. County Road Improvements within the City limits
b. Weed abatement on County land within the UGB
2) Create mechanism for developing stronger relationships between Mayor/Council and
County Commissioners
3) Explore League of Oregon Cities (LOC) involvement on either Board or Policy
Committee levels
a. LOC connections could be coordinated and scheduled to ensure continuity and
sustainability over time
b. Explore creation of select alliances with other Oregon LOC members that share
similar issues, interests and/or concerns
c. Expand regional involvement in LOC activities with other Rogue Valley cities
4) Develop a formal connection with the Medford Water Commission
5) Improve coordination and regular communication with State Legislators
a. Potential for regular reports to Council from assigned Councilor from Legislative
hotline (during legislative session only)
b. Explore the utilization of other forms of legislative representation (lobbyist,
dedicated staff, etc)
c. Develop a local legislative agenda prior to the session (possibly with Ashland
Coalition partners)
6) Continue to engage state and federal Representatives on issues affecting the Ashland
Forest Resiliency (AFR) project
7) Develop mechanism for reporting from Administrator and/or Department Heads to
Council on upcoming/potential issues within their scope/field.
a. Explore use of Study Sessions as reporting venue
8) Identify issues that have direct impact/relevance to our community as early as possible
9) Be accessible to and engage with regional Economic Development partners
10) Work to expand/offer County heath/social services in Ashland
Promote effective citizen communication and engagement
• Engage boards and commissions in supporting the strategic plan
• Engage community in conversation about core services, desired
service levels and funding mechanisms
• Develop leadership that sustains both commissions and council
1) Evaluate existing communication tools currently in use, such as:
a. Open City Hall
b. Listserve
c. RVTV
d. Newspapers
e. City website
2) Expand and promote those tools that are most effective, meaningful and efficient for the
public to use for understanding an issue (fact gathering), enabling participation, providing
avenues for input to Council and being made aware of decisions made.
3) Develop a "Fact Base" tool to assist Mayor/Council and staff in communicating with
engaged but less than fully informed citizens
4) Repackage and make more accessible Council Communication documents to assist in
informing the public on issues.
5) Explore the use of Town Hall style meetings for Council/public interaction.
6) Explore "City Walk" style outreach program (Council and staff proactive personal
engagement in the community).
7) Balance existing time commitment/constraints of Council with new outreach efforts.
8) Identify key issues to develop advanced outreach and input opportunities (informational
sessions) and conduct them "on their turf'
9) Expand/develop a communication plan that incorporates policy level tools and strategies
in addition to operational efforts.
10) Use the Mayor's State of the City (SOC) address to honor, recognize and appreciate
community/volunteer involvement.
a. Incorporate Ragland Award activities (and other potential volunteer related
activities) with SOC
Support and empower our community partners; for
example:
• SOU
• Mt. Ashland
• Parks - develop a long term sustainable plan for P&R services
1) Look for ways to monitor and support changes at Southern Oregon University.
a. Consider a tuition scholarship program for local students.
b. City Administrator to meet regularly with SOU president.
c. Get quarterly reports from Faculty Senate.
2) Recognize the economic impact of Mt. Ashland as a major regional recreational facility.
a. Continue City oversight of the environmental impacts of the ski area as they relate to
Ashland.
3) Look for opportunities to support the non-profit and cultural entities in the community.
a. Review and revamp the social service grant process
4) Support RVTD request for additional funding.
5) Continue to develop a strong Council/Parks Commission relationship through regular
meetings and discussions.
Identify and support core City services
Organization
Use our assets to strategically support city mission and
goals.
1) Identify and evaluate underperforming assets.
2) Cultivate external funding opportunities
3) Examine city hall replacement and other facility needs.
4) Examine long term use of Imperatrice property.
Ensure that we have a trained staff adequate to support
the organization's work.
1) Use existing leadership to train and mentor.
2) Grow leadership within.
3) Develop appropriate succession plans.
4) Match staffing with work plans.
5) Maintain a challenging and creative work environment.
6) Explore housing and cost-of-living incentives to encourage employees to live in Ashland.
7) Examine benefit packages to ensure they aid in recruiting the best employees.
People
Seek opportunities to enable all citizens to meet basic
needs.
1) Examine means and methods by which to improve access to mental health services for
Ashland citizens who need them.
2) Support and promote, through policy, programs that make the City affordable to live in.
a. Pursue affordable housing opportunities, especially workforce housing. Identify
specific incentives for developers to build more affordable housing.
3) Leverage partnerships to build social equity programming.
Develop supports to enable citizens to age in place.
1) Support and augment existing programs.
2) Provide links to local non-profit support organizations on City web site.
3) With Parks Commission, explore expansion of the Senior Center and senior services.
Make Ashland an even more family friendly community.
• Seek pathways for SOU students to remain in the community.
1) Use grant funds to support educational programs in the community.
2) Provide City support to family-oriented events.
3) Support land-use plans and policies that encourage family-friendly neighborhoods.
Strengthen and support local non profits.
The City supports and promotes, through policy and
programs, initiatives that make the City affordable to live
in and improve livability.
Environment
Protect the integrity and safety of the watershed.
1) Declare a "year of the watershed" and coordinate activities around it.
2) Implement and maintain the Ashland Forest Resiliency project.
3) Educate and engage the community in watershed stewardship.
Enhance and expand natural and recreational resources
1) Work with the local bicycle community on enhancement of recreational opportunities.
2) Analyze and expand eco-tourism opportunities.
3) Support Mt. Ashland in diversifying eco-friendly recreational opportunities.
4) Examine and improve the process for obtaining permits for bicycle and road race events.
Support local micro-agriculture and food production
1) Design land use policies that allow and encourage micro-agriculture.
2) Explore development of water rates that encourage efficient food gardening.
3) Encourage the development of community gardens, farmer's markets, truck gardens and
infrastructure.
Prepare the community for the risk offre, flood,
earthquakes and natural disasters.
1) Address the seismic vulnerability of downtown.
2) Develop a comprehensive, at-home disaster preparedness program for all citizens.
3) Complete the tactics called for in the Water Master Plan.
Empower the Community Development Department to
effectively develop and implement land use planning.
1) Instruct the Planning Commission to develop a program for reviewing the Comprehensive
Plan in its entirety.
2) Complete land use revisions.
3) Examine form-based master planning approaches.
Develop and support land use and transportation policies
to achieve sustainable development.
1) Develop infill policies. (Assigned to Planning Commission.)
2) Support alternative transportation choices.
3) Create incentives and ordinances for energy-efficient buildings.
Encourage and/or develop public spaces that build
community and promote interaction.
Economy
Seek opportunities to diversify the economy.
1) Support film industry growth.
2) Partner with SOU to generate business opportunities.
3) Examine and remove barriers to business start up opportunities.
Nurture emerging new technologies
1) Position ourselves as a location where high-tech businesses want to grow
2) Promote the e-commerce zone
Market and further develop the Ashland Fiber Network
1) Complete and implement the five-year plan
Diversify transportation and shipping options
1) Strengthen the Ashland municipal airport as an enterprise.
2) Develop freight rail opportunities
3) Explore opportunities with Medford/Rogue Valley International Airport.
4) Develop and encourage alternative transportation options.
Ensure that commercial and industrial areas are
available for development
1) Create predictable pathways for development of employment land.
2) Examine Croman redevelopment plan.
3) Evaluate the prospects for the redevelopment of the railroad property.
4) Use existing financial tools to support re-development.
5) Investigate innovative land use strategies that could encourage investment
Continually examine, evaluate and update the economic
development strategy
Embrace and plan ahead for emerging social trends that
might impact the economy and vitality of the community.
Enemy and Infrastructure
Be proactive in using best practices in infrastructure
management and modernization.
1) Re-examine and review master plans on regular basis.
2) Complete downtown transportation plan element.
3) Expand public transportation options.
4) Keep public services efficient, innovative and affordable.
5) Remain current on infrastructure and delivery systems for alternative energy
transportation options.
Prepare for climate change.
1) Seek energy independence/neutrality.
2) Seek carbon neutrality.
3) Develop rigorous conservation plans for energy and water.
4) Complete internal and community-based sustainability plans.
5) Recognize impact of climate change on the watershed.
Public Safety
Support innovative programs that protect the community
Minutes for the City Council Study Session
July 14, 2014
Page 1 of 2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, July 14, 2014
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:35 p.m. in the Siskiyou Room.
Councilor Lemhouse, Morris, Rosenthal, Voisin, and Marsh were present. Councilor Slattery was absent.
1. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
2. Discussion about the DRAFT Film and Television Production Guidelines and Policy
Management Analyst Ann Seltzer explained the guidelines would help establish a new resolution for fees
and alter the existing ordinance. The guidelines added flexibility and gave the City Administrator the
discretion to waive permit fees and liability insurance. The current Resolution 1984-45 was difficult to
navigate, had outdated language, and was no longer relevant. Staff worked with JOMA Films and
Southern Oregon Film and Television (SOFaT) to revise the fee schedule.
Large productions that required involvement from multiple departments and resources would trigger a
Special Event Permit process. The applicant would pay 60% of actual costs to staff including overtime.
Resolution 1984-45 charged double time and a half for the Fire Marshal to be present during filming.
Staff followed other jurisdictions regarding a film permit for private property. It provided an opportunity
to inform neighbors and give the production company information on local noise and lighting code.
Council was interested in having two tracks, one for filming on private property with a film permit,
neighbor notification and no fee. The other track for filming on public property would require a film
permit, possibly other permits and charge fees. Other Council suggestions would provide guidelines and
parking codes for private filming at no charge and if the production did not inform the City, they incurred
a fine. Ms. Seltzer confirmed the ordinance made it a violation if a production company did not attain a
permit. Other comments thought a fee based permit and business license was appropriate.
Assistant City Attorney Doug McGeary clarified the guidelines were an exception to land use decision
regarding private residences. Ms. Seltzer added the City Administrator had the flexibility to waive the
insurance requirement for filming on private property as well as fees. The fees were an attempt to cover
costs. The liability insurance requirement only applied to public property, not private. The production
company applied for the permit. The property owner gave the production company permission to use
their home and signed the indemnification clause. The City Administrator would not waive an
indemnification clause for public or private property.
Council and staff discussed nonprofit productions. Staff clarified if a production closed a street or
sidewalk, the impact was the same whether they were nonprofit or not. The focus was regulating the
impact not the applicant. Council wanted guidelines to provide for private non-commercial uses like
public service announcements (PSAs) and possibly add nonprofit organizations under non-commercial
use. The previous ordinance exempted nonprofits. Other comments wanted permit fees to apply to all
applicants so the City could determine impact and cover some staff costs. Staff explained the City
Administrator could lower or waive the $2,000,000 insurance requirement.
Council suggestions included having the property owner be responsible for the film permit and recouping
the fees from the production company for use of their residence. Staff explained the production company
Minutes for the City Council Study Session
July 14, 2014
Page 2 of 2
applied for the permit, paid the fees, and had a separate agreement with the private property owner. The
guidelines would work in conjunction with the ordinance.
Council wanted exemptions for nonprofits and films or videos with little impact. Council would send Ms.
Seltzer suggestions.
3. Council input to the League of Oregon Cities regarding legislative priorities
City Administrator Dave Kanner explained the League of Oregon Cities (LOC) appointed various policy
committees to suggest legislative priorities for the upcoming session. LOC had a list of 22 items and
wanted each city to vote on four.
Council discussed their choices and voted for the following:
F: Support efforts to eliminate the sunset on the Low Carbon Fuel Standard Program
I: Improve clarity and certainty around the transient lodging tax statute
M: Enhance mental health services
S: Pass a comprehensive transportation funding and policy package
Meeting adjourned at 6:58 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Regular City Council Meeting
July 15, 2014
Page 1 of 4
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 15, 2014
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Lemhouse, and Rosenthal were present. Councilor Morris, Slattery, and Marsh were
absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the on the Airport, Wildfire Mitigation, Forest Lands, Historic,
Public Arts, and Tree Commissions.
City Administrator Dave Kanner provided a report on the drought explaining citizens had done a great job
conserving water. The community was using 4,500,000 million gallons a day (mgd) which was excellent
for this time of year. Typically, July water use was 6 mgd peaking at 7 mgd. Reeder Reservoir was still
100% full largely due to adding 2 mgd of Talent Irrigation District (TID) water. Water flow in Ashland
Creek was 3.25 mgd and decreasing. In order to keep the reservoir full the City shut the backside of the
TID through town taking that 2 mgd for drinking water purposes. The Talent Ashland Phoenix (TAP)
Intertie project was on schedule with completion mid August or early September. There was also a
Drought 2014 link on the front page of the city website to keep people informed..
Mayor Stromberg postponed the appointment of Citizen Budget Committee members to the August 5,
2014 Council meeting with Council consent.
Councilor Voisin motioned to postpone first reading of an ordinance titled "An ordinance repealing
temporary moratorium on establishment of medical marijuana dispensaries" to the August 5, 2014
Council meeting. Motion died for lack of a second.
Councilor Lemhouse/Rosenthal m/s to postpone second reading of "An ordinance amending the
Ashland Municipal Code Title 6 Business Licenses and Regulations to add Chapter 6.50
establishing time, place, and manner regulations and a permitting process for medical marijuana
dispensaries" to the meeting of August 5, 2014. DISCUSSION: Councilor Lemhouse thought the
entire Council should have the opportunity to vote on the ordinance and Councilor Rosenthal agreed.
Councilor Voisin noted the July 1, 2014 Council meeting where the Mayor and two Councilors were
absent and the remaining voted on a second reading of an ordinance and wanted consistency. Councilor
Rosenthal noted Council Rules where a Councilor could pull an item from the agenda within a reasonable
amount of time and that did not happen at the July 1, 2014 meeting. Councilor Voisin had several
changes to the ordinance on Time, Place, and Manner she wanted to request. Roll Call Vote: Councilor
Lemhouse and Rosenthal, YES; Councilor Voisin, NO. Motion passed 2-1.
Councilor Lemhouse/Rosenthal m/s to postpone second reading of "An ordinance establishing a tax
on the sale of marijuana and marijuana-infused products in the City of Ashland" to the meeting of
August 5, 2014. DISCUSSION: Assistant City Attorney Doug McGeary explained delaying second
reading on the ordinance would not affect the possibility of grandfathering the tax if legalizing marijuana
passed in the fall. City Administrator Dave Kanner suggested if Council passed the repeal of the
moratorium he wanted to consult with City Attorney Dave Lohman and potentially remove the emergency
Regular City Council Meeting
July 15, 2014
Page 2 of 4
provision so all of the marijuana ordinances went into effect thirty days past the August 5, 2014 meeting.
Councilor Voisin wanted staff to look at what Boulder, CO did with their tax on marijuana growers in the
city and possibly add it to the marijuana taxation ordinance. Mr. McGeary would pass that information to
Mr. Lohman. Roll Call Vote: Councilor Rosenthal and Lemhouse; YES; Councilor Voisin, NO.
Motion passed 2-1.
APPROVAL OF MINUTES
City Recorder Barbara Christensen clarified Councilors absent from a meeting could vote on the minutes
by reviewing the actual minutes, the agenda packet, or the video of the meeting. The minutes of the
Study Session of June 30, 2014 and Business Meeting of July 1, 2014 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Forests Lands Commission Chair Frank Betlejewski provided the annual report for the Forestlands
Commission and shared progress on the Ashland Forest Plan Revision project that included developing
inventory standards, plant species list, and an invasive species list. Another project was working with the
Parks and Recreation Department to review the coordinated process for trails in the parks and forestlands.
CONSENT AGENDA
1. Approval of commission, committee, and board minutes
2. Authorization to Proceed with a Contract Exceeding $100,000 for the Construction of Ashland
Creek Park
3. Approval of Contract Amendment with KOGAP for Reservoir Sediment Removal
4. Plaza Information Booth Paint Colors
5. Liquor license application for Scott Giossi dba The Playwright
Councilor Voisin pulled Consent Agenda item #3 for further discussion. Engineering Services Manager
Scott Fleury explained Reeder Reservoir had not exceeded the total maximum daily load (TMDL) and
explained the process in place to manage the East and West Fork Reservoirs. The sediment was coming
from the watershed that fed into the forks and there was no way of determining the actual source.
Councilor Voisin/Rosenthal m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Kristina Lefever/2359 Blue Sky Lane/Explained she was a member of the Pollinator Project of Rogue
Valley. The City of Talent City Council recently approved a resolution to become the second Bee City
USA in the nation. She asked Council to consider the Bee City USA application and resolution during a
Study Session in October. The world was close to a pollination crisis due to many factors. More than
one third of the food people consumed relied on pollinators. She shared the benefits of Ashland becoming
a Bee City USA, described the process, and submitted documents into the record.
Laura Ferguson/2253 Hwy 99 N/Spoke as a beekeeper and educator for the College of the Melissae, a
center for sacred beekeeping and noted the potential for Ashland to become a pollinator friendly
community. She read the benefits of becoming a Bee City USA city, the contributions from bees as
pollinators and the high risk of extinction with 59 species threatened already, four in southern Oregon.
Agricultural practices could not exceed what bees or other pollinators provided naturally. She looked
forward to discussing the issue further with Council.
Scott Green/No address/Spoke on police misconduct that had occurred for over a year and gave
Regular City Council Meeting
July 15, 2014
Page 3 of 4
examples. The community would not tolerate this kind of criminal behavior from the Ashland Police who
were following orders with some officers working with the state. He wanted to schedule a series of
meetings with Council who were able to do something about the situation.
Mayor Stromberg explained the process for filing a complaint started with the Police Chief who would
provide a report to the Mayor and Council to consider any action if needed. Police Chief Terry
Holderness met with Mr. Green immediately to start the process.
Council requested staff add Bee City USA to a future Study Session agenda.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Appointment to Citizen Budget Committee
Item postponed to the August 5, 2014 Council meeting.
2. Discussion and direction to staff regarding the plaza kiosk
City Administrator Dave Kanner provided history that resulted in Council questioning whether to relocate
the kiosk and request public feedback on the matter. The majority of public comments wanted the kiosk
left were it was. Mr. Kanner estimated the cost to repair the kiosk could range from $1,000-$4,000 and
clarified they did not have a formal cost estimate. The roof had at least five years left. Council decided
not to take action at this time regarding the kiosk with concern expressed that expenses could increase by
postponing repairs.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of an ordinance titled, "An ordinance amending the Ashland
Municipal Code Title 6 Business Licenses and Regulations to add Chapter 6.50 establishing
time, place, and manner regulations and a permitting process for medical marijuana
dispensaries"
Item postponed to the August 5, 2014 Council meeting.
2. Second reading by title only of an ordinance titled, "An ordinance establishing a tax on the sale
of marijuana and marijuana-infused products in the City of Ashland"
Item postponed to the August 5, 2014 Council meeting.
3. First reading by title only of an ordinance titled, "An ordinance amending Ashland Municipal
Code Chapter 1.08 General Penalty, Sections 1.08.010, 1.08.020 and 1.08.030 compliant with
current state statues"
Assistant City Attorney Doug McGeary explained the ordinance would clarify state and city violations
and penalty amounts, Municipal Court jurisdiction over specific crimes and limits on fines. The judge
retained the ability to determine minimum fines.
Councilor Lemhouse/Rosenthal m/s to approve first reading and place on agenda for second
reading. Roll Call Vote: Councilor Rosenthal, Lemhouse, and Voisin, YES. Motion passed.
4. First reading by title only of an ordinance titled, "An ordinance relating to adoption of the
Oregon Fire Code and amending Chapter 15.28"
Division Chief Fire Marshal Margueritte Hickman explained the state adopted the 2014 Fire Code and it
was currently in effect. Adopting the Oregon Fire Code would provide the City direct enforcement and
allow amendments. Staff was recommending two amendments. Section 15.28.050 Fire Protection
System Maintenance would allow the Fire Department to hold fire protection system service providers'
Regular City Council Meeting
July 15, 2014
Page 4 of 4
accountable for their services. Section 15.28.070 (E) would have the service report go directly to the
Fire Department. There were approximately 20-30 service providers in the area. Fire Marshal Hickman
clarified 15.28.070 (G) Section 5601 did not include fireworks.
Councilor Rosenthal/Voisin m/s to approve first reading and place on agenda for second reading.
Roll Call Vote: Councilor Lemhouse, Rosenthal and Voisin, YES. Motion passed.
5. First reading by title only of an ordinance titled, "An ordinance repealing temporary
moratorium on establishment of medical marijuana dispensaries"
Assistant City Attorney Doug McGeary explained the ordinance contained an emergency clause that
Council could consider during second reading. The intention was having all the marijuana ordinances go
into effect at the same time. Council could also change the effective date of the moratorium during
second reading.
Councilor Lemhouse/Rosenthal m/s to approve first reading and place on agenda for second
reading. DISCUSSION: Councilor Lemhouse thought it was the right time to move it to second reading
and time it appropriately with the other ordinances. Councilor Rosenthal and Councilor Voisin agreed.
Roll Call Vote: Councilor Rosenthal, Voisin and Lemhouse, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Lemhouse encouraged everyone to attend the Green Show at the Oregon Shakespeare Festival.
It was free and highlighted local talent.
Councilor Voisin provided a liaison report from the Transportation Commission and concerns the
Commission had with revisions to the Council Commission Rules ordinance the City Attorney would
share with Council.
City Administrator Dave Kanner announced the start of a yearlong project to paint and powder coat
specific lampposts on North Main from the railroad trestle to Helman Street.
ADJOURNMENT
Meeting adjourned at 8:15 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
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0 PROCLAMATION o°
• In August, 1945, atomic bombs instantly reduced the cities of Hiroshima and
Nagasaki to rubble, taking hundreds of thousands of precious lives.
~°°°q • In June, 1982, the Mayors of Hiroshima and Nagasaki called on Mayors from
around the world to join them in working together to press for nuclear
Q abolition.
;!ht`~_ • The program created by the Mayors of Hiroshima and Nagasaki is called
<c °oco a L9
Mayors for Peace and is currently composed of 6,127 cities in 158 countries 462
and regions around the world dedicated to the abolition of nuclear weapons.
• The City of Ashland declared itself a Nuclear Free Zone by resolution in 1981.
c` °0 • The City of Ashland joined the Mayors for Peace in 1998.
• There are currently seven Cities in Oregon who have also joined Mayors for Q
Peace.
• The current goal of the Mayors for Peace is for a total abolition of all nuclear
weapons by the year 2020. 4(o~
c • This year on August 6 through 9, 2014, Ashland will join cities around the
world for a Hiroshima - Nagasaki Vigil in order to remember the events of 1945 and to promote the goal of a nuclear weapons-free world.
e
o NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of
~Z Ashland, hereby proclaim August 6, 2014, as:
"Hiroshima Day"
o and hereby proclaim August 9, 2014, as:
"Nagasaki Day "
in the City of Ashland and invite all citizens to participate in the Hiroshima-
~Q Nagasaki vigil activities.
_ Dated this 5th day of August, 2014
John Stromberg, Mayor °o
° Barbara Christensen, City Recorder
1,~
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CITY OF
ASHLAND
Council Communication
August 5, 2014, Business Meeting
2014 Drought Update
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us
Julie Smitherman, Water Conservation Specialist, Conservation Division, smithermanj@ashland.or.us
SUMMARY
This is an informational council communication updating the Council on the 2014 drought. The good
news is that Reeder Reservoir is still 99% full; partly due to the 2 million gallons per day (mgd) of
Talent Irrigation District water (TID) staff is adding to the drinking water supply. While community
response to the drought thus far is great, the City continues to ask residents to use water wisely. In
order to fully inform our community on the drought 2014 status, the City is co-sponsoring a drought
summit on August 12, 2014, with the Ashland Chamber of Commerce (see attached flyer).
The Talent, Ashland, and Phoenix (TAP) pipeline project is on time and under budget and the water
conservation division has been assisting customers in finding ways to reduce their water use.
BACKGROUND AND POLICY IMPLICATIONS:
Current Water Supply Status
Reeder Reservoir is still nearly full (99.2%) and the average water demand is 4.5 mgd. While this is
great news, it is important to remember there are still a couple of dry months to go, and as such, the
City continues to encourage the community's conservation efforts.
In addition to water flows from the east and west forks of Ashland Creek, Water Division staff are
diverting 2 mgd of TID water to the treatment plant. In order to send that much TID water to the
treatment plant, TID water has been turned off and is no longer flowing past the pump station at Park
Estates. Those customers downstream of the pump station are no longer receiving TID water.
If additional TID water is needed, the remaining sections of the TID water canal (between Walker and
Park Estates) will also be diverted to the plant. If that occurs, those TID customers will not be allowed
to use TID water either. This particular section of the TID canal will impact the Parks Department and
SOU. It is also important to remember that TID is planning on shutting off their system mid September
and this supplementary water supply will no longer be available; however, staff has had encouraging
conversations with the TID board and they may extend Ashland's TID use to October 1.
The reservoir graph (below) provides a daily look at Ashland's water supply and can be found on the
city's web site under "Drought 2014". The red line represents the reservoir use rate (theoretically)
necessary to adequately meet Ashland's water supply needs. The blue line represents the current
reservoir level. If at any point the demand on Reeder Reservoir drops below the theoretical drawdown
curve as shown in the chart below, then staff is prepared to implement the water curtailment strategies.
Page 1 of 4
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CITY OF
-A5 H LAN D
Reeder Reservoir Drawdown Curve
10a
go-
60-
40
2
m Q
A A R ~ l~ lti A
Public Works will continue to monitor the impacts of drought 2014. If the water supply does not meet
the daily water demand in the future, City staff is prepared to implement the water curtailment
ordinance. The following chart provides a summary of allocations at each stage of curtailment. It is
important to note that all water usage above these allocations in stages 1-3 will be billed at 4 times the
normal rate and all water usage above allocation levels for stage 4 will be billed at 10 times the normal
rate.
Page 2 of 4
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CITY OF
ASHLAND
Cubic Government
Feet Agencies
1 3,600 26' 928 20%
2 2,500 18700 30/
3 1,800 13464 40%0
4 900 6,732 50%0
I
Talent Ashland Phoenix (TAP) Construction Update
Phase 1 and Phase 2 waterline installation is now complete with approximately 15,000 linear feet of
16-inch waterline installed, tested and accepted. Ashland temporary pump station contracts have been
executed with Pilot Rock, and construction of the temporary pump station is well underway. All TAP
construction, including complete installation of the temporary pump station and the rental pump are
expected to be complete by August 15. The new Talent pumps have been delivered and contracts have
been executed for the required electrical/control upgrades. The Talent pumps are expected to be
installed by August 7. Negotiations for the permanent pump station; site-easement/acquisition is
proceeding on schedule.
Start-Up: Temporary pump testing/adjustments are scheduled to be complete sometime during the
second half of August. Public outreach plan activities are being discussed and various outreach efforts
are expected to be implemented in concurrence with testing and start-up activities.
TAP Water: Is scheduled to be available for continuous pumping by the 1St of September.
Drought 2014 Actions
In preparation for the drought staff has taken the following actions:
• April 2014 the City decided not to plant trees, shrubs or annuals;
• Council authorized emergency construction of the TAP line;
• Added a drought 2014 section to the City's website -
http://ashland.or.us/Sectionlndex.asp?SectionlD=524;
• Blue lawn signs that say "Use water wisely" have been placed in the public right-of-way
throughout town;
Page 3 of 4
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CITY OF
-ASHLAND
• Julie Smitherman, conservation specialist and Mike Faught, public works director have
been making presentations about the 2014 drought and what the community can do to
conserve at most of the local civic clubs, the Mayor's June town hall show, and interviews
with the local media;
• Activated the multi-departmental water curtailment committee;
• The Parks Department developed a Water Curtailment Procedures Document; and
• The Conservation Division implemented a lawn replacement program.
Conservation
The water conservation team continues to offer our water customers free irrigation system and indoor
water use evaluations. In most cases, this detailed evaluation of individual systems will uncover
ongoing water waste (bad sprinkler heads, leaking faucets or toilets etc). The Conservation Division
also provides free water efficient shower heads, faucet aerators, and soil moisture meters to help
customers reduce water consumption.
More recently, the City announced the new lawn replacement program as a method to provide long
term water conservation benefits. Staff has already received about 50 applications for the new
program. Each one of these applications represents a water savings for both the City and the customer
of about 5,000 gallons per month or about 20,000 gallons during the summer peak water demand
season.
Next Steps
With the multi-departmental water curtailment team in place, the City is prepared to move into water
curtailment when needed. In addition, staff will be working on the following items....
• Co-sponsor the Drought Summit on August 12, 2014;
• Complete the TAP project;
• Participate in another Mayor's town hall show; and
• Public Works crews will use reclaimed water where possible for maintenance activities
(street sweeper water, sewer maintenance, street cutting, etc.)
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
2014 Drought Summit Flyer
Page 4 of 4
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U91,
•
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Noj~owpack, May 2014
CITY OF
!summit
,4SHLAND
Photo Iny Sean Bagshaw
Join us for a
Comm uni MTuesday, August 12, 2014
SOU, Stevenson Union, Rogue River Room
Informative Displays: 6:30-7:00pm
Panel Discussion with Q&A: 7:00pm
Learn the answers to the following questions and more from the experts who will be attending including
City Water Conservation Specialist, County Watermaster, Talent Irrigation District, Soil and Water
Conservation District, Rogue Valley Council of Governments, DEQ and other leaders in the field.
TOPICS:
• How serious is the DROUGHT situation?
• What is the city of Ashland doing in response?
• What does curtailment mean and what triggers it?
• What are the costs of exceeding allotment during curtailment?
• What can I as an individual citizen do to help?
• How can the city help us all deal with the drought?
For additional information visit
hnp://www.whhl=d•or us/SectionIndea.asp~SectlonlD=524
or contact the drought hotline:
(541) 552-2431
30 Southern OREGON _ Facilitated bv:
V I UNIVERSITY ASH LAND ~atalyst, Inc.
.,..:rn,:.:~.t.~.::,.:~<;:.., improwngauwater resources ...addingvalue toourcommunify
Parking for this event has been sponsored by Southern Oregon University.
The campus staff will NOT be ticketing that night and have opened up all of the lots to the public for this event. moo
Minutes for the Conservation Commission
June 25, 2014
Page 1 of 2
MINUTES FOR THE ASHLAND CONSERVATION COMMISSION
Wednesday, June 25, 2014
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Marni Koopman called the meeting to order at 6:02 p.m. in the Siskiyou Room.
Commissioners Mark Weir, Thomas Beam, Risa Buck, Shel Silverberg, Jim McGinnis, Jim Hartman,
Roxane Beige]-Coryell, and Brian Sohl were present. Councilor Rich Rosenthal was absent.
2. Special Introduction
The group welcomed new commissioner, Brian Sohl, and introduced themselves.
3. Consent Agenda
Weir/Buck m/s to approve the minutes of May 28, 2014 as presented. Voice Vote: all approved.
4. Announcements
The next regular meeting will occur on July 23. Group discussed who will likely be absent at that meeting.
They reviewed the compost class assignments for the upcoming month; July will be Koopman, August will
be Beam, and September will be McGinnis.
Group announced upcoming events including the 4`h of July parade, SOU produce sales on Wednesdays
during the summer, and school garden work. They also discussed the possibility of applying for a grant
through Georgetown University.
Weir/Beam m/s to have staff member Hanks apply for the Georgetown grant. Voice Vote: all
approved.
5. Public Forum
The Goal Setting Facilitator, Ken Crocker, introduced himself.
6. Reports and Presentations/Updates
6.1 Council update: Councilor Rosenthal was not present to provide an update.
6.2 City Operations: There was no memo in the packet, so no discussion on the City Operations memo.
6.3 Quarterly Report: N/A
6.4 Recycle Center Ad-Hoc update: Beigel-Coryell informed the group that the Council agreed to the
requested extension of the ad-hoc group. Group briefly discussed the sticker program and the possibility
of mandating garbage service. They also discussed the memo in the Council packet and how it relates to
where the ad-hoc group is in its discussions.
6.5 BYOB: Buck read an e-mail from staff member Adam Hanks, regarding the status of the BYOB
program. The group would like more information on the requiring of the 10 cent charge on "trinket"
bags. It's not an overall bad idea, but want to know what's the requirement for retailers to notify
customers of the charge. Additionally they want to know more about the planned outreach to the
community. They also discussed the desire to have baseline information on current use of
plastic/paper/reusable bags so they can determine later if the fee needs to be increased to aid in moving
people to reusable bags.
6.6 Sustainability Sub-Committee: Group discussed current status of the STAR program and gave
overview of the history of the program for new member Sohl. Group discussed whether more and clearer
information needs to be in the start of the presentation to Council rather than potentially get lost in the
appendixes. Group discussed including achievable metrics in the document. Beigel-Coryell reiterated
that this program is to be used as a framework for focusing the Council and other groups, but not for
specifically telling Council what goals or metrics to require. They agreed to review this program again at
the next meeting after using it in their goal setting session.
Minutes for the Conservation Commission
June 25, 2014
Page 2 of 2
6.7 Fourth of July Subcommittee: The group is excited about their plans for the 4th. Buck gave an
overview of plans for the day and got a head-count of who will be participating.
6.8 Conservation Awards Recap: The "green" Green Show went well, and the group agreed that ice
cream was a good incentive for the kids. Overall it was a good test-run and learning experience for future
events and told them lots about what education is needed for students.
6.9 Divestment Policy Presentation: Group gave an overview of the presentation to Council for new
member Sohl and discussed how it went. They heard many positive responses.
7. Old Business
Koopman gave an overview of the goal setting agenda. She requested that the group do the homework
assignments she previously e-mailed so that their time can be as efficient as possible. Facilitator Crocker
talked to the group about how they can help and what they can do to make it a successful goal setting.
8. Wrap Up
The group would like the following on the upcoming meeting agenda:
Recycling Center ad hoc
BYOB report from staff member Hanks
Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Diana Shiplet
Executive Secretary
Minutes for the Normal Working Group
June 19, 2014
Page] of 2
MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP
Thursday, June 19, 2014
Council Chambers, 1175 E. Main Street
Mayor John Stromberg called the meeting to order at 3:19 p.m. in the Council Chambers.
Pam Marsh, Michael Morris, Michael Dawkins, Rich Kaplan, Brandon Goldman, and Bill Molnar were
present.
Mayor appointed Councilor Marsh as chair pro-tem.
1. Group Scope
Chair Marsh gave an overview of why this group was formed.
2. Public Input Discussion
The group agreed that as is a working group with limited meeting time they will gladly accept input from
anyone outside of the meeting, but will limit public testimony in the meetings to 10 minutes at the end of
each meeting.
3. Outline Scope of Review
Things the group would like to use these meetings to work through (i.e. the fundamental assumptions the
group has to work with):
• Density
• Transportation and connectivity
• Other subjects which tie into density and connectivity:
a) Railroad crossings ( is the ability to move them or not a deal breaker? what are the financing
issues?)
b) Role of a master plan processes (how to make one that doesn't sit on a shelf)
c) The role of open space and conservation areas
d) Zoning of area lots
e) East Main Street (how will we develop, use, and improve it?)
4. Beginning Density Discussion
Staff gave overview of the history of the density of the area. The group discussed how the original
comprehensive plan's expected density may have been altered due to development which has occurred in the
area since that time and how the Planning Commission process worked through density issues. Staff also
informed the group how the RPS plan ties into the density requirements. The group discussed options for
housing for families and the need for a wide variety of housing options.
5. Future Meeting Topics
The group will focus on one topic per meeting:
• Density
• Transportation
• Conservation
• Master Planning on this site
• Report backs and follow ups
6. Public Input
Randy Jones, property owner in the Normal Avenue area, likes how the group has broken out the discussion
topics. He and his group have lots of thoughts and the 10 minute constraint won't work for him but he will
give staff information he hopes will help the group come to good solutions.
Minutes for the Normal Working Group
June 19, 2014
Page 2 of 2
Bryce Anderson, 2092 Creek Drive, would like to see all the items listed in the Council minutes discussed.
He would like the group to consider additional areas nearby which may have an impact on this area. Would
like the committee to consider practicalities of open space area planning, he talked about how lawn was
approve by Council to be planted around the cottonwood trees in his subdivision and now his homeowners
association have incurred high costs to do wetland reparations for needing to remove the dead cottonwood
trees. Also the wetlands area above Clay Street is an eye-sore.
Carol Voisin, 908 Fox Street, wants to reiterate that the list of Council concerns each be addressed. She is
also concerned with limiting public participation to only 10 minutes.
Julie Matthews, 2090 Creek Drive, was under the impression that they were going to have more participation
in the meetings, and finds the limitation on that to be insulting. She will do her best to submit things in
writing to staff so that the meetings can move faster. She thought that the public would be allowed to
participate more in the process as a way to break out of the old paradigm. If the committee starts talking
about developing things and costing the tax payers lots of money for a relatively unknown part of town, they
will get lots more people coming to the meetings upset. She would like to see one or two of the folks from
the public on the committee so that they can participate in the discussions.
7. Future Meeting Dates
The group decided to try meeting every other week, starting:
July 10, 4:30 pm, Siskiyou Room
July 24,4:00 pm, TBD
Meeting adjourned at 4:28 p.m.
Respectfully submitted,
Diana Shiplet
Executive Secretary
Minutes for the Normal Working Group
July 10, 2014
Pagel of 2
MINUTES FOR THE NORMAL NEIGHBORHOOD WORKING GROUP
Thursday, July 10, 2014
Siskiyou Room, 51 Winburn Way
Pam Marsh called the meeting to order at 4:34 p.m. in the Siskiyou Room.
Mayor Stromberg, Michael Morris, Michael Dawkins, Rich Kaplan, Brandon Goldman, and Bill
Molnar were present.
Mayor appointed Councilor Marsh as chair pro-tem.
1. Consent Agenda
Dawkins/Kaplan M/S to approve the minutes as presented. Voice Vote; all ayes. Motion passes.
2. Discussion items
Marsh reviewed the focus of each meeting agreed upon at the last meeting. She explained the
mapping "homework" she asked each of the group members to do, requesting that they filled out a
map of the area as they would like to see the zoning and housing concentrations. She noted that the
group is not wiping the slate clean, but rather were using this exercise to find out their places of
agreement.
Each group member explained their maps and shared the reasons for locating densities in the plan.
They also discussed connections with areas outside the plan.
Marsh thanked the group for their participation and appreciated their creativity.
The group discussed annexation pros/cons. They discussed why this plan was being done even
without complete annexation. They discussed how annexation has density and affordable housing
requirements and how that is reflected in the plan.
The group discussed commercial zoning in the plan. Asked staff for examples of the types of
businesses allowed in the current plan. Staff explained that the types would be limited by size and
probably wouldn't come into play until there was a high enough build-out of homes in the area to
make businesses viable. The group discussed whether or not it was important to keep commercial
zonings in the plan.
Group discussed the things they found consensus on within each of their maps from the mapping
exercise. They included:
• Transition from south to north in density (i.e. higher densities closer to Ashland Street and
amenities)
• Maintaining the East Main Street view plain (i.e. lower densities along East Main Street)
• Moderate density levels in the interior of the plan
• More grid-like streets for better connectivity
• Use of zoning language more typical of the rest of the city's zoning labels
• Maintaining of open space - they will discuss this further in their upcoming conservation
discussion
Minutes for the Normal Working Group
July 10, 2014
Page 2 of 2
The group requested that staff see if they can do a "joint" map, using all the maps provided by the
group. They would like to then see who that plan compares to the overall density goal. They would
also like staff to make the plan using the traditional R-1, R-2, etc. zoning designations.
3. Public Input
Barry Vitcof: thanked the group for their work. Appreciated it's challenges as the discussion
reflected art vs. science of the plan. He prefers annexation and is concerned with how this fits into
the context of the entire city, not just this small area. The plan currently focused outside in, he
would like it focused inside out.
Randy Jones: likes the process so far. He hopes this plan becomes something more like N.
Mountain and less like Croman by having the group be connected to the people who actually own
the land there.
Sue DeMarinus: Appreciates sustainability as part of the plan. Thinks there needs to be either parks,
with garden plot space for community gardening, or room for food gardening in each back yard.
The group should have placeholders in the plan for keeping the open space for a sense of place. She
is concerned that with a grid-like street system, and with no school to slow it down, the traffic will
be too fast. She appreciated the circuitous street plan for the potentially slower traffic patterns but
understands and appreciates the need for more connectivity. She wants the group to remember "like
next to like" when transitioning from nearby neighborhoods.
4. Future Meeting Dates
The group decided the next meeting would occur on July 24 at 4:00 pm, in the Siskiyou Room. The
meeting following will be August 21, at 4:30 in the Siskiyou Room.
Meeting adjourned at 5:55 p.m.
Respectfully submitted,
Diana Shiplet
Executive Secretary
CITY OF
ASHLAND
Council Communication
August 5, 2014, Business Meeting
Acceptance of a Federal Aviation Administration Grant
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us
SUMMARY
Before the Council is acceptance of a Federal Aviation Administration (FAA) grant for the current
Airport Improvement Project, Taxilane Extension, in the amount of $576,690. The grant covers 90% of
the project totals including, engineering, construction administration and construction. The City's
required match is already budgeted.
BACKGROUND AND POLICY IMPLICATIONS:
In July of 2013, the FAA approved the City's five year capital improvement program for Ashland
Municipal Airport. The approved project scheduled for 2014 called for extending a taxilane and
installation of perimeter security fencing. This project follows master plan recommendations and meets
the goals of the Airport Commission. The primary goals of the Airport Commission are to increase
operating revenue and provide for a safe facility. The primary method of increasing revenue is through
hangar rentals and ground leases. At any given time there are 15 to 25 individuals on a waiting list to
rent or lease an enclosed hangar. The proposed construction of the taxilane is the last pavement
extension that will allow for construction of new hangars to meet demand. This project would allow
for the construction of approximately 50 new hangars and provide a significant revenue increase. The
project also enhances safety onsite for aircraft taxiing to the runway by providing an alternate travel
route that will minimize potential incursions.
The consulting firm of Precision Approach Engineering was selected through a formal qualifications
based selection process to provide engineering and construction administration services. The Council
approved award of a contract for design in the amount of $156,281.85.
http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=5542
In June of 2014, after approval of the design and final documentation by the FAA, the project was
publicly bid. Bids were opened on June 26, 2014 and Knife River Materials provided the low
responsive bid. After review and approval of the bid, the FAA has provided the City of Ashland with a
grant offer to cover 90% cost of the engineering, construction administration and construction fees.
FISCAL IMPLICATIONS:
The current estimated project total is $640,767. Based on a 90% grant award of $576,690 the City's
obligation will be $64,077. This project is currently budgeted in the facilities fund for the biennium at
$480,000. As required by budget law, the full project budget must be accounted for within current
biennium appropriations even though only 10% of the project total will be actually be expended. The
Finance Department will also bring forward a budget adjustment to cover the full project cost.
Page 1 of 2
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CITY OF
-ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the FAA grant for the taxilane extension project.
SUGGESTED MOTION:
Move to approve acceptance of the FAA grant offer for Airport Improvement Project #3-41-00002-
010-2014.
ATTACHMENTS:
1. AIP #341-00002-010-2014 Grant Offer
2. Five Year Capital Improvement Program
Page 2 of 2
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Seattle Airports District Office
U. S. Department 1601 Lind Ave. SW, Suite 250
Of Transportation Menton, WA 98057-3356
Federal Aviation Phone: (425) 227-2650
Administration Cax: (425) 227-1650
July 3, 2014
Mr. Scott Fleury
Engineering Services Manager
City of Ashland
20 E. Main Street
Ashland, OR 97520
Grant Offer, AIP Project No. 3-41-0002-010-2014
Contract No. DOT-FA14NM-0013
DUNs No. 076395508
Ashland Municipal Airport - Sumner Parker Field
Ashland, Oregon
Dear Mr. Fleury:
We are attaching the Grant Offer for Airport Improvement Program (AIP) Project No. 3-41-0002-010-
2014 at Ashland Municipal Airport - Sumner Parker Field This letter outlines expectations for success.
Please read the conditions and assurances carefully.
To properly enter into this agreement, you must do the following:
• If required for authorized signature, the governing body must pass a resolution and execute the
grant, along with your attorney's certification, by July 23, 2014, in order for the grant to be valid.
Please have the Sponsor's designated official representative sign and date the Grant Offer. The
attorney for the sponsor then must execute and date the "Certificate of Sponsor's Attorney"
with the date being no earlier than the date of acceptance of the Grant Agreement.
• No change may be made by you or your representative to the Grant Offer.
• We ask that you return one executed copy of the Grant Offer to us by ((overnight mail)
(facsimile) (regular mail) and (E-Mail (PDF)), one copy sent to your associated State Aviation
Officials, and maintain a copy for your records.
Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this
grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant
Agreement for more information regarding the use of this System.
Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will
be paying close attention to your progress to ensure proper stewardship of these Federal funds. You
are expected to submit payment requests for reimbursement of allowable incurred project expenses
in accordance with project progress. Should you fail to make draws on a regular basis, your grant may
be placed in "inactive" status which will impact future grant offers.
Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
• A signed/dated SF-270 (non-construction projects) or SF-271 or equivalent (construction
projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this
grant is open (due December 31 of each year this grant is open); and
• Quarterly Performance Reports is due within 30 days from the end of every quarter.
Once the project(s) is completed and all costs are determined, we ask that you close the project without
delay.
A copy of the new Airport Sponsor Assurances dated 3/2014 are also attached. Please attach a copy of
the new assurances to your grant application dated 4/29/14.
A copy of an "A-133 Single Audit Certification Form" is attached. Please complete and return a copy to
the office with the executed Grant Agreement. Please make a copy for your files.
In accordance with OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit
organizations", if your organization expends $500,000 or more a year (calendar or fiscal) in total
Federal financial assistance, then you must conduct an audit in accordance with OMB Circular A-133 and
submit it to the Federal Audit Clearinghouse, regardless of whether there are any significant findings. In
accordance with your AIP grant agreement, you must also provide a copy of the audit information to this
office.
Andrew Edstrom is the assigned program manager for this grant and is available to assist you with the
requirements stated herein. We sincerely value your cooperation in these efforts and look forward to
working with you to complete this important project. If you have any questions regarding the Grant
Offer or the Audit Certification Form or Grant Assurances, please contact this office at (425) 227-2650.
Sincerely,
J
Carolyn T. Re d `
Manager, Seattle Airports District Office
Attachments (3)
Cl
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I - OFFER
Date of Offer July 3, 2014
Airport/Planning Area Ashland Municipal Airport - Sumner Parker Field
AIP Grant Number 3-41-0002-010-2014 (Contract Number: DOT-FAI4NM-0013)
DUNS Number 076395508
TO: City of Ashland, Oregon
(herein called the "Sponsor") -
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the
,FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated April 29, 2014, for a grant of
Federal funds for a project at or associated with the Ashland Municipal Airport - Sumner Parker Field, which is
included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Ashland Municipal Airport - Sumner Parker Field (herein
called the "Project") consisting of the following:
Construct central taxilanes (design and construction);
which is more fully described in the Project Application.
NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as
"the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's
adoption and ratification of the Grant Assurances dated 3/2014 and updated April 3, 2014, and the Sponsor's
acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States
share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1I 3-41-0002-010-2014
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $576.690.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being
specified for this purpose:
$0 for planning
$576.690 for airport development or noise program implementation
$0 for land acquisition.
2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be
made in accordance with the regulations, policies and procedures of the Secretary. Final determination of
the United States' share will be based upon the final audit of the total amount of allowable project costs
and settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of
the costs of the project unless this offer has been accepted by the Sponsor on or before July 23, 2014, or
such subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federal funds have been expended. For the
purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by
the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon
request, all documents and records pertaining to the determination of the amount of the Federal share or
to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or
other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share
require advance approval by the Secretary.
8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with this
grant agreement.
9. System for Award Management (SAM) Registration And Universal Identifier.
21 3-41-0002-010-2014
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information
in the SAM until the Sponsor submits the final financial report required under this grant, or
receives the final payment, whichever is later. This requires that the Sponsor review and update
the information at least annually after the initial registration and more frequently if required by
changes in information or another award term. Additional information about registration
procedures may be found at the SAM website (currently at http://www.sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or
other entity that enters into an agreement with the Sponsor to provide services or other
work to further this project, and is accountable to the Sponsor for the use of the Federal
funds provided by the agreement, which may be provided through any legal agreement,
including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided
its DUNS number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A
DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the
Internet (currently at http://fedgov.dnb.com/webform).
10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this agreement electronically via the Delphi einvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or
five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the
maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if
there is an overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States, the
FAA can issue a letter to the Sponsor amending the grant description.
By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to
the amount or description in the letter.
12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may
suspend, cancel, or terminate this grant.
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
15. Maximum Obligation Increase For Nonprimary Airports. In accordance with 49 U.S.C. § 47108(b), as
amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
31` 3-41-0002-010-2014
A. may not be increased for a planning project;
B. may be increased by not more than 15 percent for development projects;
C. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the
total increase in allowable costs attributable to the acquisition of land or interests in land,
whichever is greater, based on current credible appraisals or a court award in a condemnation
proceeding.
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part
200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on
the Federal Audit Clearinghouse's Internet Data Entry System at httpl/harvester.census.gov/facweb/.
The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District
Office.
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a
contractor, person, or entity.
18. Ban on Textine When Driving.
A. In accordance with Executive Order 13513, Federal leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to a grant or
subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all
subgrants, contracts and subcontracts
19. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any
entity other than a State, local government, Indian tribe, or foreign public entity. This
includes private Sponsors, public Sponsor employees, subrecipients of private or public
Sponsors (private entity) are:
1. Engaging in severe forms of trafficking in persons during the period of time that the
agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect;
or
3. Using forced labor in the performance of the agreement, including subcontracts or
subagreements under the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA, Section
106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a
private entity -
41 3-41-0002-010-2014
1. Is determined to have violated the Prohibitions; or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct
that is either-
a. Associated with performance under this agreement; or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by the FAA at 49 CFR Part 29.
20. Exhibit A Incorporated by Reference. The Exhibit "A" updated 2/15/1989, filed with AIP Project 3-41-
0002-004-1989, is incorporated herein by reference.
SPECIAL CONDITIONS
21. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: The Sponsor agrees that it will implement an
effective airport pavement maintenance management program as required by Grant Assurance
Pavement Preventive Management. The Sponsor agrees that it will use the program for the useful life of
any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. The
Sponsor further agrees that the program will
A. follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," for specific guidelines and procedures for maintaining airport pavements,
establishing an effective maintenance program, specific types of distress and its probable cause,
inspection guidelines, and recommended methods of repair;
B. detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
C. include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and
Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of
detail:
a. location of all runways, taxiways, and aprons;
b. dimensions;
C. type of pavement, and;
d. year of construction or most recent major rehabilitation.
2. Inspection Schedule. '
a. Detailed Inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the
frequency of inspections may be extended to three years.
b. Drive-By Inspection. A drive-by inspection must be performed a minimum of once
per month to detect unexpected changes in the pavement condition. For drive-by
inspections, the date of inspection and any maintenance performed must be
recorded.
D. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The
type of distress, location, and remedial action, scheduled or performed, must be documented.
The minimum information is:
1. inspection date;
51 3-41-0002-010-2014
2. location;
3. distress types; and
4. maintenance scheduled or performed.
E. Information Retrieval System. The Sponsor must be able to retrieve the information and records
produced by the pavement survey to provide a report to the FAA as may be required.
22. MAINTENANCE PROJECT LIFE: The Sponsor agrees that pavement maintenance is limited to those
aircraft pavements that are in sufficiently sound condition that they do not warrant more extensive work,
such as reconstruction or overlays in the immediate or near future. The Sponsor further agrees that AIP
funding for the pavements maintained under this project will not be requested for more substantial type
rehabilitation (more substantial than periodic maintenance) for a 5-year period following the completion
of this project unless the FAA determines that the rehabilitation or reconstruction is required for safety
reasons.
23. NEW AIRPORT SPONSOR ASSURANCES: The attached "Assurances" for Airport Sponsors" dated 3/2014 and
updated 4/3/14, are hereby incorporated herein and made a part of the Project Application submitted by the
Sponsor dated 4/29/14.
24. TITLE VI: It is understood and agreed by and between the parties hereto that the STANDARD DOT TITLE VI
ASSURANCES executed by Sponsor 4/29/14 is hereby incorporated herein and made a part hereof by
reference.
25. FINANCIAL REPORTING REQUIREMENTS: The Sponsor agrees to submit a Federal Financial Report (FAA
Form SF-425) for all open grants to the Airports District Office within 90 days following the end of each
Federal fiscal year and with each Final Project Closeout Report.
The Sponsor further agrees to submit an Outlay Report and Request for Reimbursement (FAA Form SF-
271 for construction projects) or Request for Advance or Reimbursement (FAA Form SF-270 for non-
construction projects) to the Airports District Office within 90 days following the end of each Federal fiscal
year and with each Final Project Closeout Report.
26. FINAL PAYMENT: The Sponsor understands and agrees that in accordance with 49 USC 47111, no
payments totaling more than 90 percent of United States Government's share of the project's estimated
allowable cost may be made before the project is determined to be satisfactorily completed.
27. SPONSOR PERFORMANCE REPORT:
A. For non-construction projects - the Sponsor understands and agrees that in accordance with 49
CFR 18.40 the Sponsor shall submit a Quarterly Performance Report to the Airports District
Office (ADO) within 30 calendar days from the end of the quarter, beginning in the quarter in
which the project begins, and for each following quarter until the project is substantially
complete. If a major project or schedule change occurs between Quarterly Performance
Reports, the sponsor must submit an out of cycle performance report to the ADO. The
performance report for non-construction projects shall include the following as a minimum:
1. A comparison of proposed objectives to actual accomplishments.
2. Reasons for any slippage or lack of accomplishment in a given area.
3. Impacts on other AIP-funded projects.
4. Impacts to projects funded by PFC, other FAA programs, or the sponsor.
6(r 3-41 -0002-01 0-201 4
5. Identification and explanation of any anticipated cost overruns.
B. For construction projects - FAA Form 5370-1 Construction Progress and Inspection Report
satisfies the performance reporting requirement. The sponsor must submit FAA Form 5370-1 to
the ADO on a weekly basis during construction and at least quarterly when the project is in
winter shutdown, until the project is substantially complete. Form 5370-1 requires the following
information:
1. Estimated percent completion to date of construction phases.
2. Work completed or in progress during the period.
3. Brief Weather Summary during the period including approximate rainfall and period of
below freezing temperature.
4. Contract time: Number of days charged to date and last working day charged.
5. Summary of laboratory and field testing during the period.
6. Work anticipated by the contractor for the next period.
7. Problem areas and other comments.
28. GRANT APPROVAL BASED UPON CERTIFICATION: The FAA and the Sponsor agree that the FAA approval
of this grant is based on the Sponsor's certification to carry out the project in accordance with policies,
standards, and specifications approved by the FAA. The Sponsor Certifications received from the Sponsor
for the work included in this grant are hereby incorporated into this grant agreement. The Sponsor
understands that:
A. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA
approval for modifications to any AIP standards or to notify the FAA of any limitations to
competition within the project;
B. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing
appropriate project documentation for the purpose of validating the certification statements;
C. If the FAA determines that the Sponsor has not complied with their certification statements, the
FAA will review the associated project costs to determine whether such costs are allowable
under AIP
The Sponsor's acceptance of this offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVI TION ADMINISTRATI
(Signature)
Carolyn T. Read
Manager, Airports District Office
71 3-41-0002-010-2014
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this day of
(Nome of Sponsor)
(Signature of Sponsor's Designated Official Representative)
By:
(Typed Name of Sponsor's Designated Official Representative)
Title:
(Title of Sponsor)
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of . Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and the
Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at this day of
By
(Signature of Sponsor's Attorney)
Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
81 3-41-0002-010-2014
Qw A-133 Single Audit Certification Form
The Single Audit Act of 1984, implemented by OMB Circular A-133 (Audits of States, Local Governments, and Non-
Profit Organizations) establishes audit requirements for State and local governments that receive Federal aid. State or
local governments (City, County, Airport Board) that expend $500,000 or more a year (calendar or fiscal) in total
Federal financial assistance must conduct an audit and submit it to the Federal Audit Clearinghouse. For more
information on the Single Audit Act requirements please reference the following web site:
http://harvester.census.gov/sac/
This notice is our request for a copy of your most recent audit, whether or not there are any significant findings. In
accordance with your Airport Improvement Program (AIP) grant agreement, you must also provide the following
certification to your local Airports District Office (ADO). Please fill out the information below by checking the
appropriate line(s), sign, date, and return this form to the FAA local ADO identified at the bottom of the form.
Airport Sponsor Information:
Sponsor Name Fiscal/Calendar Year Ending
Airport Name
Sponsor's Representative Name Representative's Title
Telephone Email
Please check the appropriate line(s):
❑ We are subject to the A-133 Single Audit requirements (expended $500,000 or more in total Federal funds for the
fiscal/calendar year noted above) and are taking the following action:
❑ The A-133 single audit for this fiscal/calendar year has been submitted to the FAA.
❑ The A-133 single audit for this fiscal/calendar year is attached.
❑ The A-133 single audit report will be submitted to the FAA as soon as this audit is available.
❑ We are exempt from the Single Audit A-133 requirements for the fiscal/calendar noted above.
Sponsor Certification:
Signature Date
Return to: FAA, Seattle Airports District Office
1601 Lind Avenue SW, Suite 250
Seattle, WA 98057-3356
pL AV/
'y FAA
Airports
7 `2
/STRP"
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public-use airport; the term "private sponsor" means a private owner
of a public-use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated
in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in full
force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from
the date of acceptance of a grant offer of Federal funds for the project. However,
there shall be no limit on the duration of the assurances regarding Exclusive Rights
and Airport Revenue so long as the airport is used as an airport. There shall be no
limit on the duration of the terms, conditions, and assurances with respect to real
property acquired with federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life
of project items installed within a facility or the useful life of the facilities developed
or equipment acquired under an airport development or noise compatibility program
project shall be no less than ten (10) years from the date of acceptance of Federal aid
for the project.
Airport Sponsor Assurances 3/2014 Page 1 of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms,
conditions, and assurances of this grant agreement shall remain in full force and effect
during the life of the project; there shall be no limit on the duration of the assurances
regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders,
policies, guidelines, and requirements as they relate to the application, acceptance and
use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seg.l
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seg.12
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et se q.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et se .1
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.l
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 Page 2 of 20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity]
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 - Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction]
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-133 - Audits of States, Local Governments, and Non-Profit
Organizations]. 4,5,6
c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.]
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.]
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act).]
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).]
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
Airport Sponsor Assurances 3/2014 Page 3 of 20
p. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs. 12
q. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.1
s. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors.
u. 49 CFR Part 32 - Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
Specific assurances required to be included in grant agreements by any of the above
laws, regulations or circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance C.I.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200.2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 4 of 20
5 Cost principles established in 2 CFR part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the filing of the
application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor:
It has legal authority to apply for this grant and to finance and carry out the proposed
project and comply with all terms, conditions, and assurances of this grant agreement.
It shall designate an official representative and shall in writing direct and authorize
that person to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such
additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to
be paid by the United States. It has sufficient funds available to assure operation and
maintenance of items funded under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions, and
assurances in this grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Airport Sponsor Assurances 3/2014 Page 5 of 20
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall
obligate that government to the same terms, conditions, and assurances that would
be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property used
as a residence, or zoned for residential use, to taxi an aircraft between that
property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
Airport Sponsor Assurances 3/2014 Page 6 of 20
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of
this application) of public agencies that are authorized by the State in which the
project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the
project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49,
United States Code, it has undertaken reasonable consultations with affected parties
using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary. Further, for such projects, it
has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which
the airport is located, if any, a copy of the proposed amendment to the airport layout
plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance-management program and it
assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in
Title 49, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 44706 of Title 49,
United States Code, and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/2014 Page 7 of 20
has provided for access to the passenger enplaning and deplaning area of such airport
to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant, the total cost of the
project in connection with which this grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to this grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which this grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded
under this grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay
to skilled and unskilled labor, and such minimum rates shall be stated in the invitation
for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this grant
agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Vietnam era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned
and controlled by disabled veterans as defined in Section 47112 of Title 49, United
States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be submitted to the
Secretary prior to commencement of site preparation, construction, or other
performance under this grant agreement, and, upon approval of the Secretary, shall be
incorporated into this grant agreement. Any modification to the approved plans,
Airport Sponsor Assurances 3/2014 Page 8 of 20
specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications,
and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 3/2014 Page 9 of 20
state and local agencies for maintenance and operation. It will not cause or permit
any activity or action thereon which would interfere with its use for airport
purposes. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non-aeronautical purposes must first
be approved by the Secretary. In furtherance of this assurance, the sponsor will
have in effect arrangements for-
t) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport
be operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established
minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of
zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
Airport Sponsor Assurances 3/2014 Page 10 of 20
to engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to-
furnish said services on a reasonable, and not unjustly discriminatory, basis to
all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve any
air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non-tenants and signatory carriers and non-
signatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to
in this assurance, the services involved will be provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
Airport Sponsor Assurances 3/2014 Page 11 of 20
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport. It further agrees that it will not,
either directly or indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees, rates, and charges for users of
that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers
or property; or for noise mitigation purposes on or off the airport. The following
exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued before September 3,
1982, by the owner or operator of the airport, or provisions enacted before
September 3, 1982, in governing statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport owner or
Airport Sponsor Assurances 3/2014 Page 12 of 20
operator's facilities, including the airport, to support not only the airport but
also the airport owner or operator's general debt obligations or other facilities,
then this limitation on the use of all revenues generated by the airport (and, in
the case of a public airport, local taxes on aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a public
sponsor and provides funding for any portion of the public sponsor's
acquisition of land, this limitation on the use of all revenues generated by the
sale shall not apply to certain proceeds from the sale. This is conditioned on
repayment to the Secretary by the private owner of an amount equal to the
remaining unamortized portion (amortized over a 20-year period) of any
airport improvement grant made to the private owner for any purpose other
than land acquisition on or after October 1, 1996, plus an amount equal to the
federal share of the current fair market value of any land acquired with an
airport improvement grant made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production,
lease, or other means at a general aviation airport (as defined at Section 47102
of title 49 United States Code), if the FAA determines the airport sponsor
meets the requirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in paragraph
(a), and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49, United States Code and
any other applicable provision of law, including any regulation promulgated by
the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49, United
States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances
of this grant agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
Airport Sponsor Assurances 3/2014 Page 13 of 20
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
1) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such service
and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal
financial assistance and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other aircraft at all
times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use
of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would
unduly interfere with use of the landing areas by other authorized aircraft, or during
any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any
air traffic control or air navigation activities, or weather-reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or
rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing
1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars and
Airport Sponsor Assurances 3/2014 Page 14 of 20
roads), including all proposed extensions and reductions of existing airport
facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's
property boundary. Such airport layout plans and each amendment, revision,
or modification thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs
of restoring such property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds
received from this grant.
a. Using the definitions of activity, facility and program as found and defined in
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by, or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal
assistance) for any of the sponsor's program or activities, these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances 3/2014 Page 15 of 20
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of real property or an interest
in real property, the assurance will extend to rights to space on, over, or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of, personal property,
or real property, or interest therein, or structures or improvements thereon, in
which case the assurance obligates the sponsor, or any transferee for the longer of
the following periods:
1) So long as the airport is used as an airport, or for another purpose involving
the provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this
grant agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally-
assisted programs of the DOT, and incorporating the acts and regulations into
the contracts by reference in every contract or agreement subject to the non-
discrimination in Federally-assisted programs of the DOT acts and
regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with
the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to
a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on
the basis of race, color, national origin, creed, sex, age, or handicap as a
Airport Sponsor Assurances 3/2014 Page 16 of 20
covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
£ It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it, other recipients, sub-recipients,
sub-grantees, contractors, subcontractors, consultants, transferees, successors in
interest, and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts, the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the land
is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will be, at the
discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2) reinvestment in an
approved project that is eligible for grant funding under Section 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project at that airport,
and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If
land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease will not be
considered a disposal of the land. Revenues derived from such a lease may be
used for an approved airport development project that would otherwise be eligible
for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than
noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which
is proportionate to the United States' share of the cost of acquisition of such land
will, (1) upon application to the Secretary, be reinvested or transferred to another
Airport Sponsor Assurances 3/2014 Page 17 of 20
eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is eligible
for grant funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid to the Secretary
for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if
(1) it may be needed for aeronautical purposes (including runway protection
zones) or serve as noise buffer land, and (2) the revenue from interim uses of such
land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987, was notified by the
operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
32. Engineering and Design Services.
It will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary
engineering, design, engineering, surveying, mapping or related services with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for
or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which
uses any product or service of a foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair
and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects, dated (the latest
approved version as of this grant offer) and included in this grant, and in accordance
Airport Sponsor Assurances 3/2014 Page 18 of 20
with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and
will pay or reimburse property owners for necessary expenses as specified in
Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable,
intercity buses or other modes of transportation to have access to the airport;
however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of any DOT-assisted contract covered by 49 CFR Part 26,
or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race,
color, national origin or sex in the administration of its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may
impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1936 (31 U.S.C. 3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar
is to be constructed at the airport for the aircraft at the aircraft owner's expense, the
airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
Airport Sponsor Assurances 3/2014 Page 19 of 20
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the Secretary
that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
Airport Sponsor Assurances 3/2014 Page 20 of 20
I
Northwest Mountain Region
U.S. Department Seattle Airports District Office
of Transportation 1601 Lind Avenue S.W., Suite 250
Federal Aviation Renton, Washington 98057-3356
Administration
July 3, 2013
Scott Fleury
City of Ashland
20 E Main St
Ashland, OR 97520
Ashland Municipal Airport
2014-2018 FIVE YEAR
STATE CAPITAL IMPROVEMENT PLAN (SLIP)
Over the past few years the Federal Aviation Administration (FAA) and the Oregon Department of
Aviation (ODA) have partnered together with sponsors in a continued effort towards developing
solid Capital Improvement Plans (CIPs). Through the development of the State Capital Improvement
Program (SCIP), ODA and the FAA have been able to work together to identify the highest priority
work which would most effectively improve the statewide airport system from a safety and
preservation perspective that is both eligible and justified in a statewide airport system.
Last November we requested that you submit your airport's CIP to the SCIP Coordinator to review
and compile a list of projects. Over the past few months your FAA PM, FAA State Planner and SCIP
Coordinator have worked together to review, analyze and coordinate your airport's CIP.
The summary below represents the plan the FAA will move forward with at this time. Our office
believes that this plan is eligible, however as in any given year, projects are dependent on the
L
availability of funding. We appreciate your willingness to work through this process with us, and
look forward to continuing to do so in the future. If you have any questions please call your Project
Manager at the Seattle-ADO.
Bruce Fisher-Oregon State Planner - 425-227-2649 - Bruce.Fisher@faa.gov
Kevin Latschaw - Project Manager - 425-227-2654 - Kevin.Latschaw@faa.gov
Sandy Simmons - Oregon State Engineer - 425-227-2656 - Sandy.Simmons@faa.gov
Ashland Municipal Airport
Year Project Name NPE ST/DI Total
2014 Taxilanes & Perimeter Fence $595,000 $600,000 $1,195,000
Installation
2015 Airport Master Plan $150,000 $150,000
2016 Carry Over/ Transfer
2017 'Obstruction Removal (PH 1)
$150,000 $150,000
Environmental
i
2018 Obstruction Removal (PH 2) $150,000 $150,000
I
Sincerely,
- t
Carol Suomi
Manager, Seattle Airports District Office
i=
F
CITY OF
-ASH LAN D
Council Communication
August 5, 2014, Business Meeting
Award of a Construction Contract to the Apparent Low Bidder for the Ashland
Municipal Airport Taxilane Extension
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us
SUMMARY
This item is a construction contract for a taxilane extension at the Ashland Municipal Airport. On June
26, 2014, bids submitted for the taxilane extension were opened and publicly read. One responsive bid
was received for the project, provided by Knife River Materials, in the amount of $397,793.
BACKGROUND AND POLICY IMPLICATIONS:
Bidding Procedure:
The taxilane extension project was publicly bid on June 3, 2014. The project plans and specifications
were placed on the Oregon Procurement Information Network (ORPIN) and the project was advertised
in the Mail Tribune and the Daily Journal of Commerce. A non-mandatory pre-bid meeting was held
on June 17, to answer contractor's specific questions. Three contractors were present for the meeting.
Bids were opened on June 26, at 2:00 pm with one contractor responding with an appropriate bid in the
amount of $397,793. Bidding information is shown on the attached proposed summary. The bid and
supporting documentation were subsequently reviewed by the consulting engineer and approved by the
Federal Aviation Administration (FAA).
Project History:
Following master plan recommendations and meeting the goals of the Airport Commission, staff
created and advertised a request for proposal for engineering services for the taxilane extension and
security fencing project. The primary goals of the Airport Commission are to increase operating
revenue and provide for a safe facility. The primary method of increasing revenue is through hangar
rentals and ground leases. At any given time there are 15 to 25 individuals on a waiting list to rent or
lease an enclosed hangar. The proposed construction of the taxilane is the last pavement extension that
will allow for construction of new hangars to meet demand. The taxilane extension project would
allow for the construction of approximately 50 new hangars and provide a significant revenue increase,
reference map attachment. The project also enhances safety onsite for aircraft taxiing to the runway by
providing an alternate travel route that will minimize potential incursions.
Project Engineering:
At the January 7, 2014, meeting the engineering design contract was awarded to Precision Approach
Engineering (PAE). PAE was tasked with the design development and future construction
administration of the project. The project required a topographic site survey, biological and cultural
resources review along with design of the taxilane to meet FAA requirements.
Page 1 of 2
~r,
CITY OF
-AS H LAN D
http://ashland or us/Alzendas asp?Display=Minutes&AMID=5542
The final design includes the taxilane extension, storm drains, sleeves for future water lines and
electrical conduit connections. All design work was approved by the City and FAA prior to public
bidding of the associated construction work.
FISCAL IMPLICATIONS:
The current estimated project total is $640,767. This estimate includes engineering, construction and
administration fees. Based on a 90% grant award of $576,690 the City's obligation will be $64,077.
The City is required to contribute the 10% in the form of a hard match. The Airport fund will pay the
10% match through an interfund loan with the equipment fund.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council accept the bid and authorize the award of contract to Knife River
Materials for the taxilane extension project.
SUGGESTED MOTION:
Move to approve the bid and award of contract to Knife River Materials in the amount of $397,793 for
the Airport Taxilane Extension Project.
ATTACHMENTS:
1. Summary of bid
2. Taxilane extension map
Page 2 of 2
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TIT I
CITY OF
ASHLAND
Council Communication
August 5, 2014, Business Meeting
Contract for Legal Services for Douglas M. McGeary
FROM:
David H. Lohman, City Attorney, lohmand@ashland.us.or
SUMMARY
This is a new contract for legal services with Douglas M. McGeary covering fiscal year 2014-2015, in
an amount not to exceed $120,000. These funds are budgeted for contracting to provide the functions
of an assistant city attorney. Mr. McGeary has provided excellent part-time, hourly legal services at a
discounted rate under a personal services contract since January, 2011.
BACKGROUND AND POLICY IMPLICATIONS:
The City Attorney's office has successfully utilized part-time contract attorney Douglas M. McGeary
since January 2011. Mr. McGeary's experience and legal services have been instrumental in
efficiently handling the municipal court cases, along with various city contracts and compliance
issues. The proposed contract would allow the City Attorney's office to continue to employ Douglas
McGeary, providing approximately twenty hours of work per week, which is performed mostly on-
site in the City Attorney's office.
AMC 2.50.120.A.1- Personal Services Class Exemption for Attorney Services.
A.1.Class Exemption - Attorney Services. Personal service contracts for legal counsel, legal
services, expert witnesses, court-appointed attorneys, stenographers and other legal services are
exempt from the competitive procurement requirements of this section and may be entered into
based upon the judgment of the City Attorney. The City Attorney shall obtain City Council
approval of any expenditure for legal services paid to a single legal services provider that is
expected to exceed $50,000 prior to entering into the contract. In addition, except for legal
counsel hired by the City to provide legal services to indigent criminal defendants prosecuted
by the City, the City Attorney shall select and retain all outside legal counsel hired by the City
subject to the approval of the City Council.
FISCAL IMPLICATIONS:
Part-time employment of Mr. McGeary provides the City a high level of legal expertise and
efficiency at less than the total cost of having an assistant city attorney on staff.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff requests Council approve the legal services contract with Douglas M. McGeary through fiscal
year 2014-2015, in an amount not to exceed $120,000.
Page 1 of 2
WPIL
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to approve the legal services contract of Douglas M. McGeary through fiscal year 2014-2015,
not to exceed $120,000.
ATTACHMENTS:
Legal Services Contract for Douglas McGeary
Page 2 of 2
,
VIFF4
PERSONAL, SERVICES CONTRACT (a) any breach of a Contractor warranty; or (b) any default or defect in
This contract is between City of Ashland, a political subdivision of the Contractor's performance that has not been cured.
State of Oregon, hereinafter called "City", and Contractor hereinafter S. Contract Documents: This contract between the parties consists of
called "Contractor". The parties agree as follows: this Personal Services Contract, Scope of Work (Exhibit A), General
1. Contractor's information: Conditions (Exhibit B) Compliance with Applicable Laws (Exhibit C)
and the following attached documents, if checked, which contain all the
NAME (tax filing): Douglas M. McGeary, Attorney at Law terms and conditions of the contract and are incorporated by this
reference:
ADDRESS: 2 N. Oakdale Ave, Medford, OR 97501 O Exhibit D Supplementary Conditions
doug a douglasmmcgeary.coin Exhibit E Required Federal Terms and Conditions
CITIZENSHIP; if applicable: 6. Amendments: The terms of this contract shall not be waived,
Non-resident alien OYes X No altered, modified, supplemented or amended, in any manner whatsoever,
BUSINESS DESIGNATION (check one): except by written instrument signed by the parties.
0Corporation CJGcneral Partnership IN NVITN EREOF, THE PARTIES OR THEIR DULY
OLimited Partnership 0Governmental/Non -Profit AUTHOR ED R P ESEN ATIVES SIGNED T IS
OLimited Liability Company O Limited Liability Partnership CONTRAC
X Sole Proprietorship , v v ~gm n w/14
Federal Tae iD#: 26-1x17718 Contractor Doug as t Geary (Dal )
SSN#: N/A Title: Attorney at La
(Contractor must provide Contractors Social Security Number unless it provides a federal Tin number).
Oregon Business License#: N/A City of Ashland, City Administrator (Date)
2, Description of Contractor's Services, Delivery Schedule and CERTIFICATIONS/REPRESENTATIONS: Contractor, under
Compenstation: ® Exhibit A Scope of Work penalty of perjury, certifies that (a) the number shown on this form is its
correct taxpayer ID (or is waiting for the number to be issued to it and
3. Compensation by City: Payment for all work performed under this (b) Contractor is not subject to backup withholding because (i) it is exempt
contract shall be made as set forth below from available and authorized from backup withholding or (ii) it has not been notified by the Internal
City funds, and shall not exceed the maximum sum of Payment for al[ Revenue Service (IRS) that it is subject to backup withholding as a result
work performed under this contract shall not exceed the maximum sum of: of a failure to report all interest or dividends, or (iii) the IRS has notified it
See Exhibit A. Travel and other expenses of the Contractor shall not be that it is no longer subject to backup withholding. Contractor further
reimbursed by City unless specifically provided herein as a supplementary represents and warrants to City that (a) it has the power and authority to
condition. enter into and perform the work, (b) the Contract, when executed and
a. Interim payments shall be made to Contractor following City's delivered, shall be a valid and binding obligation of Contractor
review and approval of billings submitted by Contractor. Contractor will enforceable in accordance with its terms, (c) the work under the Contract
also submit copies of other billings for work performed under the contract shall be performed in accordance with the highest professional standards,
when such bills are to be paid by other parties. These other billings are and (d) Contractor is qualified, professionally competent and duly licensed
not subject to the maximum compensation amount of this contract. to perform the work, Contractor also certifies under penalty of perjury
b. Contractor shall not submit billings for, and City will not pay, any that its business is not in violation of any Oregon tax laws, and it is a
amount in excess of the maximum compensation amount of this contract, corporation authorized to act on behalf of the entity designated above and
including any travel and other expense when noted below. If the authorized to do business in Oregon or is an independent contractor as
maximum compensation amount is increased by amendment of this defined in the contract documents, and has checked four or more of the
contract, the. amendment must be fully effective before Contractor following criteria:
performs work subject to the amendment. Contractor shall notify City's X (I) I carry out the labor or services at a location separate from my
supervising representative in writing 30 calendar days before this contract residence or is in a specific portion of my residence, set aside as the
expires of the upcoming expiration of the contract. No payment will be location of the business.
made for any services performed before the beginning date or after the X (2) Commercial advertising or business cards or a trade
expiration date of this contract. This contract will not be amended after association
the expiration date, membership are purchased for the business.
c. Contractor shall submit bi-weekly billings for work performed. The X {3) Telephone listing is used for the business separate from the
billings shall describe all work performed with particularity, by whom and personal residence listing.
on the date it was performed, the number of hours spent performing such X (4) Labor or services are performed only pursuant to written
work, and shall itemize and explain all expenses for which reimbursement contracts.
is claimed. Billings shall be sent to the supervising representative. X (5) Labor or services are performed for two or more different
persons within a period of one year.
4. Effective Date and Duration: This Contract shall become effective X (6) l assume financial responsibility for defective workmanship or
on duration from June 30, 2014 or the date this Contract is fully execu1e(1 for service not provided as evidenced by the ownership of performance
and approved as required by applicable law. Unless earlier terminated' r bon , warranties, errors and omission insurance or liability insurance
extended, this contract shall expire on No Specified Date, or when relating t t e labor r se ice be provided.
Contractor's completed performance has been accepted by City, ,cam ,fin/
whichever event occurs first. However, such expiration shall not LJ ly
extinguish or prejudice City's right to enforce this contract with respect to: Co tractor D uglas M. Mc . ea Dat
Exhibit A SCOPE OFWORK
Description of Contractor's Services, Delivery
Schedule ant] Consideration:
Provide legal advice and/or services in areas of D. Attendance at any City Council feetings, and
municipal law to assigned city departments, and other meetings as necessary.
mayor and city council.
$95.00/hour, no retainer.
Rate:
E. Monitor pending and current State and
A. Review, charge and prosecute municipal Federal legislation and case laiv as appropriate.
criminal and code violations. No charge.
$95.00/hour, no retainer. Travel is charged at $30/hour for any travel exceeding
B. Routine legal advice, consultation and one half hour and is charged in lieu of standard legal
services rate.
opinions of the City Council and staff,•
$95.00/hour, no retainer. After six month from effective date of contract,
Contractor reserves opportunity to adjust its rates.
C. Assistance in the preparation and review of flours:
ordinances, resolutions, agreements, contracts and
related documents: Contractor's hours shall not exceed twenty (20) hours a
$95.00/hour, no retainer. week unless first notifying city or interim city attorney
and additional time is approved.
Total Contract not to exceed $120,000.00
Exhibit B GENERAL CONDITIONS appropriate for purchase under this contract or are no longer eligible for
the funding proposed for payments authorized by this contract; or
1. Independent Contractor; Responsibility for Taxes and iii. If any license or certificate required bylaw or regulation to be held by
Withholding; Retirement System Status: Contractor to provide the services required by this contract is for any
a. Contractor shall perform the work required by this contract as an reason denied, revoked, suspended, or not renewed.
independent contractor. Although the City reserves the right (i) to d. For Default or Breach.
determine (and modify) the delivery schedule for the work to be i. Either City or Contractor may terminate this contract in the event of a
performed and (ii) to evaluate the quality of the completed performance, breach of the contract by the other. Prior to such termination the party
the City cannot and will not control the means or manner of the seeking termination shall give to the other party written notice of the
Contractor's performance. The Contractor is responsible for determining breach and intent to terminate. If the party committing the breach has not
the appropriate means and manner of performing the work. entirely cured the breach within 15 days of the date of the notice, or within
b. The Contractor represents and warrants that Contractor (i) is not an such other period as the party giving the notice may authorize or require,
employee of City of Ashland, Oregon, (ii) is not currently employed by then the contract may be terminated at any time thereafter by a written
the Federal Government, and (iii) meets the specific independent notice of termination by the party giving notice.
contractor standards of ORS 670.600, as certified on the foregoing ii. Time is of the essence for Contractor's performance of each and
Certification Statement for Corporation or Independent Contractor. every obligation and duty under this contract. City, by written notice to
Contractor is not au "officer", "employee", or "agent" of the City, as those Contractor of default or breach, may at any time terminate tine whole or
terms are used in ORS 30.265. any part of this contract if Contractor fails to provide services called for by
c. Contractor shall be responsible for all federal or state taxes this contract within the time specified herein or in any extension thereof
applicable to any compensation or payments paid to Contractor under this iii. The rights and remedies of City provided in this subsection d are not
contract and, unless Contractor is subject to backup withholding, City will exclusive and are in addition to any other rights and remedies provided by
not withhold from such compensation or payments any amounts(s) to law or under this contract.
cover Contractor's federal or state tax obligations. Contractor is not e. Obli atg ion/Liabili of Parties. Termination or modification of this
eligible for any federal Social Security, unemployment insurance, or contract pursuant to subsections a, b or c above shall be without prejudice
workers' compensation benefits from compensation or payments paid to to any obligations or liabilities of either party already accrued prior to such
Contractor tinder this contract, except as a self-employed individual. termination or modification. However, upon receiving a notice of
termination (regardless whether such notice is given pursuant to
2. Subcontracts and Assignment: Contractor shall not enter into any subsections a, b, c or d of this section 6 Contractor shall immediately cease
subcontracts for any of the Work required by this Contract or assign or all activities under this contract, unless expressly directed otherwise by
transfer any of its interest in this Contract without City's prior written City in the notice of termination. Further, upon termination, Contractor
consent. Any proposed use of a subcontractor which is located outside the shall deliver to City all contract documents, information, works-in-
United States or use of subcontract labor or facilities located outside the progress and other property that are or would be deliverables had the
United States must be called to the specific attention of City. City's contract been completed. City shall pay Contractor for work performed
consent to any subcontract shall not relieve Contractor of any of its duties prior to the termination date if such work was performed in accordance
or obligations under this Contract. with the Contract.
3. Successors and Assigns: Neither party shall subcontract, assign or 7. Records Maintenance; Access; Ownership of Work Product;
transfer its interest in this Contract without the express written consent of License:
the other party, and such consent shall not be unreasonably withheld. In a. Records Maintenance: Access. Contractor shall maintain records
addition to any other provisions, Contractor shall include in any permitted pertinent to this contract in such a manner as to clearly document
subcontract under this Contract a requirement that the subcontractor be Contractor's performance hereunder. Contractor acknowledges and agrees
bound to the same provisions herein as if tine subcontractor were the that City and its duly authorized representatives shall have access to such
Contractor. The provisions of this Contract shall be binding upon and shall fiscal records and to all other books, documents, electronic files, papers,
inure to the benefit of the parties hereto, and their respective successors plans and writings of Contractor that are pertinent to this contract for the
and assigns. Consent of City given to a subcontractor does not relieve the purpose of performing examinations and audits, and making excerpts and
Contractor of any obligations and responsibilities tinder this Contract, transcripts. Contractor further acknowledges records generated as a result
including Contractor's responsibility for any goods and services to be of this Contract may be subject to disclosure pursuant to the Oregon Public
provided by any subcontractor. Records Act.
b. Ownership of Work Product: License, All work products of the
4. No Third Party Beneficiaries: City and Contractor are the only Contractor that result from this contract ("the work products") are the
parties to this contract and are the only parties entitled to enforce its terms. exclusive property of the City. In addition, if any of the work products
Nothing in this contract gives, is intended to give, or shall be construed to contain intellectual property of the Contractor that is or could be protected
give or provide, any benefit or right, whether directly, indirectly or by federal copyright, patent, or trademark laws, or state trade secret laws,
otherwise, to third persons unless such third persons are individually Contractor hereby grants City a perpetual, royalty-free, filly paid-up,
identified by name herein and expressly described as intended nonexclusive and irrevocable license to copy, reproduce, deliver, publish,
beneficiaries of the terms of this contract. perform, dispose of, use and re-use, in whole or in part, and to authorize
others to do so, all such work products, including but not limited to any
5. Funds Available and Authorized; City has sufficient funds information, designs, plans or works provided or delivered to the City or
currently available and authorized for expenditure to finance the costs of produced by the Contractor under this contract.
this contract within the City's fiscal year budget.
8. Compliance with Applicable Law: Contractor shall comply with all
6. Termination: federal, state and local laws and ordinances applicable to the work under
a. Mutual Consent. This contract may be terminated at any time by this contract, including, without limitation, the provisions of ORS
mutual consent of both parties. 27911.220, 27911.230, and 27913,235, and as well as other statutes as set
b. Parties' Convenience. This contract may be terminated at any time forth in the attached Compliance With Applicable Law, which is by this
by either Party upon 30 days' notice in writing and delivered by certified reference made a part hereof. Without limiting the generality of the
mail or in person, foregoing, Contractor expressly agrees to comply with: (i) Title VI of the
C. For Cause. City may terminate or modify this contract, in whole or Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973;
in part, effective upon delivery of written notice to Contractor, or at such (iii) the Americans with Disabilities Act of 1990 (Pub L No. 101-336),
later date as may be established by City, tinder any of the following ORS 659A.142, and all regulations and administrative rules established
conditions: pursuant to those laws; and (iv) all other applicable requirements of
i. If City funding from federal, state, or other sources is not obtained federal, state and local civil rights and rehabilitation statues, rules and
and continued at levels sufficient to allow for the purchase of the indicated regulations,
quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or 9. Foreign Contractor: If the Contractor is not domiciled in or
interpreted in such a way that the services are no longer allowable or registered to do business in the State of Oregon, Contractor shall promptly
provide to the Oregon Department of Revenue and the Secretary of State constitute but one and the saute instrument.
Corporation Division all information required by those agencies relative 18. Prior Approval Required: Approval by the City of Ashland City
to this Contract, The Contractor shall demonstrate its legal capacity to Council or the City Manager is required before any work may begin tinder
perform these services in the State of Oregon prior to entering into this this contract,
contract.
19. Notice: Notices required by this contract must be given in writing by
10. Governing Law; Jurisdiction; Venue: This contract shall be personal delivery or mail, at the addresses given by the parties on the first
governed and construed in accordance with the laws of the State of page of this contract, unless some other means or method of notice is
Oregon without resort to any jurisdiction's conflict of laws, rules or required by law. Each party will notify the other of any change of address.
doctrines. Any claim, action, suit or proceeding (collectively, "the claim")
between the City (and/or any other City or department of the State of 20. Confidentiality: Contractor acknowledges and agrees it is
Oregon) and the Contractor that arises from or relates to this contract shall responsible for ensuring compliance with all applicable confidentiality
be brought and conducted solely and exclusively within the Circuit Court laws, including but not limited to the Health Insurance Portability
of Jackson County for the State of Oregon. If, however, the claim must be Accountability Act (HIPAA) and Family Educational Rights and Privacy
brought in a federal forum, then it shall be brought and conducted solely Act (FERPA).
and exclusively within the United States District Court for the District of
Oregon filed in Jackson County, Oregon. Contractor, by the signature 21. Merger Clause: THIS CONTRACT AND ATI'ACHFD EXHIBITS
herein of its authorized representative, hereby consents to the in personarr CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES.
jurisdiction of said courts. In no event shall this section be construed as a NO WAIVER, CONSENT, MODIFICATION OR C14ANGE OF TERMS
waiver by City of any form of defense or immunity, based on the Eleventh OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN
Amendment to the United States Constitution, or otherwise, from any WRITING AND SIGNED BY BOTH PARTIES, SUCH WAIVER,
claim or from the jurisdiction. CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE
11. Insurance: SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
a. Insurance. Contractor shall at its own expense provide the following AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
insurance: SPECIFIED 11FRE1N REGARDING THIS CONTRACT.
i Worker's Compensation insurance in compliance with ORS CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED
656.017, which requires subject employers to provide Oregon workers' REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE
compensation coverage for all their subject workers. HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES
ii Professional Liability insurance with a combined single limit, or the TO BE BOUND BY ITS TERMS AND CONDITIONS.
equivalent, of not less than $200,000 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.
iii General Liability insurance with a combined single limit, or the
equivalent, of not less than N/A for each occurrence for Bodily Injury and
Property Damage.
iv Automobile Liability insurance with a combined single limit, or the
equivalent, of not less than $N/A for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non-owned
vehicles, as applicable.
V. Urnbrella/Excess Liability insurance with combined single limits/
annual aggregate of not less than $N/A for Bodily Injury and Property
Damage,
c. 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 Contractor or its
insurer(s) to the City.
12. Left for insertion.
13. Force Majeure: Neither City nor Contractor shall be held
responsible for delay or default caused by fire, riot, acts of God, or war
where such cause was beyond, respectively, City's or Contractor's
reasonable control. Contractor shall, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and shall, upon the
cessation of the cause, diligently pursue performance of its obligations
under this contract.
14. Severability: The parties agree that if any term or provision of this
contract is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions
shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the contract did not contain the particular
term or provision held to be invalid.
15. Survival: The teens, conditions, representations and all warranties
contained in this Contract shall survive the termination or expiration of
this Contract,
16. Waiver: The failure of either party to enforce any provision of this
contract shall not constitute a waiver by either party of that or any other
provision.
17. Execution and Counterparts: This contract may be exercised in
several counterparts, each of which shall be an original, all of which shall
Exhibit C COMPLIANCE WITH APPLICABLE LAW hours in any one day or in excess of 40 hours in any one week, whichever
(Public NonImprovement Contracts) is greater, [HB 2214]
ORS 279B.220 Conditions of public contracts concerning payment of ORS Chapter 244. Contractor shall not provide or offer to provide any
laborers and materialmen, contributions to Industrial Accident Fund, appreciable pecuniary or material benefit to any officer, employee or agent
liens and withholding taxes. Every public contract shall contain a of the City in connection with this contract in violation of ORS Chapter
condition that the Contractor shall: 244 or City's personnel rules.
vi. Make payments promptly, as due, to all persons supplying to such
contractor labor or material for the prosecution of the work provided for in ORS 670,600 provides in part: "As used in various provisions of
such contract, ORS Chapters 316,448, 656, 657, 671 and 701, an individual or business
vii. Pay all contributions or amounts due the Industrial Accident Fund entity that performs labor or services for remuneration shall be considered
from such contractor or subcontractor incurred in the performance of the to perform the labor or services as all `independent contractor' if the
contract. standards of this section are met." ORS 670.600 also provides standards
viii. Not permit any lien or claim to be filed or prosecuted against the for satisfying the designation of an independent contractor:
state, county, school district, municipality, municipal corporation or 1. Free from direction and control over means and manner of providing
subdivision thereof, on account of labor or material furnished. labor or service.
ix. Pay to the Department of Revenue all sums withheld from employees 2. Responsible for obtaining all necessary business registrations and
pursuant to ORS 316.167. professional occupation licenses.
3. Furnishes its own tools and equipment for the work.
279B.225 Condition concerning salvaging, recycling, composting or 4. Has the authority to hire and fire employees to perform the work.
mulching yard waste material. Every public contract for lawn and 5. Registered under ORS Chapter 701.
landscape maintenance shall contain a condition requiring the contractor 6. Filed federal and state income tax returns in the name of its business
to salvage, recycle, compost or mulch yard waste material at an approved or a business Schedule "C" as part of the personal income tax return, for
site, if feasible and cost-effective. the previous year, for labor or services performed as an independent
contractor in the previous year.
ORS 2796.230 Condition concerning payment for medical care and 7. Represents to the public that the labor or services are to be provided
providing workers' compensation. (1) Every public contract shall also by an independently established business.
contain a condition that the contractor shall promptly, as due, make 8. The Ipbor or services are primarily carried out at a location that is
payment to any person, co-partnership, association or corporation, separate from my residence, or is primarily carried out in a specific portion
furnishing medical, surgical and hospital care or other needed care and of my residence, which is set aside as the location of the business.
attention, incident to sickness or injury; to the employees of such 9. The business has purchased business cards or commercial
contractor, of all sums which the contractor agrees to pay for such services advertising.
and all moneys and sums which the contractor collected or deducted from 10. A telephone listing and service is used for the business that is separate
the wages of employees pursuant to any law, contract or agreement for the from the personal residence listing and service.
purpose of providing or paying for such service. 11. Labor or services are performed only pursuant to written contracts.
(2) Every public contract also shall contain a clause or condition that all Labor or services are performed for two or more different persons within a
employers working under the contract are subject employers that will period of one year.
comply with ORS 656.017 or are exempt under ORS 656.126. 12. Assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
ORS 279B.235 Condition concerning hours of labor. (1) Except as warranties, errors and omission insurance or liability relating to the labor
provided in subsections (3) to (6) of this section, every public contract or services to be provided.
subject to this chapter must contain a condition that a person may not he
employed for more than 10 hours in any one day, or 40 hours in any one
week, except in cases of necessity, emergency or when the public policy
absolutely requires it, and in such cases, except in cases of contracts for
personal services designated under ORS 279A.055, the employee shall be
paid at least time and a half pay: (a)(A) For all overtime in excess of eight
hours in any one day or 40 hours in any one week when the work week is
five consecutive days, Monday through Friday; or (B) For all overtime in
excess of 10 hours in any one day or 40 hours in any one week when the
work week is four consecutive days, Monday through Friday; and (b) For
all work performed on Saturday and on any legal holiday specified in
ORS 27913.020. (2) An employer must give notice in writing to employees
who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day and
days per week that the employees may be required to work. (3) In the case
of contracts for personal services as described in ORS 279A.055, the
contract shall contain a provision that the employee shall be paid at least
time and a half for all overtime worked in excess of 40 hours in any one
week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209
from receiving overtime. (4) In the case of a contract for services at a
county fair or for other events authorized by a county fair board, the
contract must contain a provision that employees must be paid at least
time and a half for work in excess of 10 hours in any one day or 40 hours
in any one week. An employer shall give notice in writing to employees
who work on such a contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day and
days per week that employees may be required to work. (5)(a) Except as
provided in subsection (4) of this section, contracts for services must
contain a provision that requires that persons employed under the
contracts shall receive at least time and a half pay for work performed on
the legal holidays specified in a collective bargaining agreement or in
ORS 27913.020 (1)(b)(B) to (G) and for all time worked in excess of 10
CITY OF
-.S H LAN D
Council Communication
August 5, 2014, Business Meeting
Review of Contract Error on Social Service Grant to Mediation Works for BN
2013-2015
FROM:
Lee Tuneberg, Administrative Services/Finance Department, tuneberlkasland.or.us
SUMMARY
The Administrative Services Department prepared a contract with an incorrect amount for the social
service grant to Mediation Works for the 2013-2015 biennium. The Citizen Budget Committee
awarded $1,200 for year one of the budget with a 2% increase to $1,224 for the last half. The total for
the biennium was to be $2,424. Instead, Finance erroneously prepared a contract for 2013-2014 in the
amount of $2,600; the amount originally requested by Mediation Works. The standard terms indicated
that $2,652 would be paid for the 2014-2015 year. This equals a biennium total of $5,252, or $2,828
more than what was approved by the grant review subcommittee.
Staff seeks approval to pay beyond the granted amount to avoid a breach of contract.
BACKGROUND AND POLICY IMPLICATIONS:
Staff supported the normal budget process for social service grants in March 2013. The Grants
Subcommittee of the Budget Committee allocated the available funds, as required by Council
resolution and past practice. Within the recommended allocation was an entry of $1,200 for Mediation
Works as opposed to the $2,600 they requested for each of the two years.
Once the budget was adopted, staff prepared and sent contracts matching the amounts granted, except
for the contract with Mediation Works. Mediation Works signed the contract, returned it and the city
executed the contract and sent them a check for $2,600. The City's error apparently escaped
Mediation Works' attention.
This error remained undetected by staff until this year when Finance staff sent the second payment
based upon the grant amount of $1,200 plus 2% inflation. Mediation works returned the check
requesting a payment per the contract; $2,600 plus the promised 2% increase of $52.
At this point we:
• have a contract to pay $2,652 this year, for a total of $5,252;
• a grant award by the Budget Committee of $2,424 for this year, and
• a potential shortfall of $2,828 if the contract is followed despite the budget allocation.
To avoid a breach of contract, staff is inclined to pay per the agreement with the shortfall covered the
Administrative Services (Finance) Department's budget, thus keeping the General Fund whole.
Pa 2e 1 of 2
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CITY OF
ASHLAND
Merits are:
I . No contract breach.
2. No shortfall in the General Fund.
3. Mediation Works gets everything they asked for and will need to report that use if they apply
for another grant.
4. The Committee will be made aware of the over payment and can consider that in their
deliberations for BN 2015-2017.
5. A lesson learned by Finance.
FISCAL IMPLICATIONS:
The overpayment per the contract to the grantee will cause the Finance Department to reduce available
appropriations (do without) by $2,828. It appears extremely likely that this amount can be absorbed by
the Central Services Fund.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends issuing a check per the contract.
SUGGESTED MOTION:
I move to accept this staff's recommendation and paying Mediation Works $2,652 per the executed
contract.
ATTACHMENTS:
Budgeted grant awards summary
Mediation Works application
Mediation Works contract
Pa 2e 2 of 2
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City of Ashland
Social Service Grant History
GENERAL FUND 9110
Supported by Resolution No. 1986-35 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY13-14 FY 14-15
Agency and Program Name Awarded Awarded Awarded Awarded Awarded Awarded
ACCESS, Inc. $ 5,700 $ 5,700 $ 6,000 $ 6,120 $ 4,600 $ 4,692
Ashland Supportive Housing & Community Outreach 1,800 1,836
CASA of Jackson County, Inc. 2,000 2,000 2,120 2,162 3,500 3,570
Center For Nonprofit Legal Services, Inc. 6,039 6,039 7,000 7,140 6,000 6,120
Children's Advocacy Center 4,000 4,000 2,605 2,657 4,000 4,080
Childrens Dental Clinic 3,285 3,285 4,000 4,080 4,000 4,080
Community Health Center 35,000 35,000 37,000 37,740 30,709 31,323
Community Works - Dunn House 15,270 15,270 16,000 16,320 14,760 15,055
Community Works - Help Line 10,250 10,250 10,625 10,838 8,135 8,298
Community Works - Inc. 8,250 8,415
8,000 8,000 6,000 6,120
Community Works -Street Outreach
Community Works-Sexual Assault Victim Srvs 2,600 2,600 2,730 2,785 2,584 2,636
Family Solutions 2,815 2,815 2,880 2,938 2,500 2,550
1,000 1,020
H.O.P.E. Equestrian Center
Help Now! Advocacy Center 1,133 1,133 500 510
Jackson County SART 2,480 2,480 5,000 5,100 6,000 6,120
Mediation Works 2,100 2,100 1,000 1,020 1,200 1,224
Ontrack, Inc 3,000 3,000 3,500 3,570 3,500 3,570
Pathway Enterprises, Inc. 3,120 3,120
Planned Parenthood of SW 4,000 4,000 4,000 4,080 4,000 4,080
RV Manor - Senior Volunteer 2,000 2,000 1,500 1,530 1,200 1,224
RV Manor -Foster Grandparent 1,500 1,500 1,500 1,530 1,500 1,530
SOASTC 1,200 1,200
Southern Oregon Drug Awareness 1,500 1,500
St. Vincent De Paul 5,000 5,100 16,000 16,320
500 510
The Rose Circle Mentoring Network, Inc.
WinterSpring Center 1,350 1,350 1,600 1,632
Subtotal 118,342 118,342 120,710 123,124 125,588 128,100
Travelers' Aid Fund - based on donations 2,000 2,000 2,000 2,000 2,000 2,000
Total $ 120,342 $ 120,342 $ 122,710 $ 125,124 $ 127,588 $ 130,100
*So. Ore Child Study and Treatment Center (previously known as)
C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\HIW4ND5C\Social Services Grant History FY 09-15.xlsx 7/31/2014
Agency Application and Forms 2013 2015
(Revised December 2012)
For applications to City of Medford, City of Ashland, and
United Way
TITLE PAGE
ORGANIZATION LEGAL NAME Mediation Works; A Community Dispute Resolution
Center, Inc. DATE: March 2013
OTHER NAMES ORGANIZATION KNOWN BY (DBA) Mediation Works
ADDRESS 33 North Central Avenue Suite 219 Medford Oregon 97501
Street City State Zip
FEDERAL EMPLOYER ID NUMBER (FEIN) 93-104039
PROGRAM/PROJECT TITLE Youth Programs through Mediation Works
AMOUNT REQUESTED from this funder for this program/project 2013-2014 $2,600
2014-2015 $2,600
GRANT CONTACT (If not Executive Director listed below)
Name
Tel
E-mail:
EXECUTIVE DIRECTOR INFORMATION
Name Deltra Ferguson, Ph.D.
Email deltraf@mediation-works.org
Tel 541-770-2468 Fax 541-770-6022
CERTIFICATION
The information contai in this application. is true a d c rect to the best of my knowledge.
Signature ~of Board President Si ure of Ex cutive i ctor/CEO
Charles Kochlacs Deltra Ferguson
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
F Y: CITY OF ASHLAND ANTEEMediation Works; A Community Dispute
E Main Street Resolution Center, Inc.
hland OR 97520 Address: 33 North Central Ave, Suite 219
1) 488-5300 Medford, OR 97501
: (541) 552-2059 Telephone: (541) 770-2468
m of this agreement: July 1, 2013 to June 30, 2015
ount of grant: $2,600 which will be disbursed twice:
rA
3 and on2014 ad usted for inflation.
e at Jul 1201
get subcommittee: Social Service Grant
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City has reviewed Grantee's application for a grant and has determined that the request
merits funding and the purpose for which the grant is awarded serves a public purpose. This Grant
agreement (ORS 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS
279A.010 (x).
City and Grantee agree:
1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon
Grantee's approved application, the City agrees to provide funds in the amount specified above.
Grant funds shall be utilized or contractually committed in the fiscal year for what they are awarded.
2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that
any personnel assigned to the work required under this contract are fully qualified to perform the work
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. Grantee must
also maintain a current City business license.
3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant
application with modifications, if any, made by the budget subcommittee designated above.
Grantee shall acknowledge this program is funded in part, or total, by Ashland taxpayers in printed
and electronic announcements, notices and advertisements intended for public distribution (example
"This program is partially funded through Ashland lodging tax revenues").
Grantee will report in writing on the use and effect of granted monies compared to the original request
(as modified) per the following:
a. Within 90 days of the event completion (Single event applications before June 30, 2013)
b. As part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring 2013)
c. Within 90 days of the end of the current budget fiscal year, whichever is earlier(October
1, 2013)
Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect
but are not required to submit a report unless requested by the City except under 2 b. above.
4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which
the grant is awarded or this contract is terminated shall be returned to the City within 30 days of
completion or termination.
5. Financial Records and Inspection. Grantee shall maintain a complete set of books and records
relating to the purpose for which the grant was awarded in accordance with generally accepted
accounting principles. Grantee gives the City and any authorized representative of the City access to
and the right to examine all books, records, papers or documents relating to the use of grant funds.
6. Living Wage Requirements. If the amount of this contract is $18,890 or more, and if the Grantee
has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland
Municipal Code Chapter 3. 12, to all employees and subcontractors who spend 50% or more of their
time within a month performing work under this contract. Grantees required to pay a living wage are
also required to post the attached notice predominantly in areas where' it will be seen by all
employees.
7. Termination.
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Grantee, 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 grant;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the grant purposes are no longer allowable or appropriate for
award 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 Grantee to
provide the services required by this contract is for any reason denied, revoked,
suspended, or not renewed.
8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in
this contract or fails to expend the grant funds or enter into binding legal agreements to expend the
grant funds within twelve months of the date of this contract, the City, by written notice of default to
the Grantee, may terminate the whole or any part of this contract and may pursue any remedies
available at law or in equity. Such remedies may include, but are not limited to, termination of the
contract, stop payment on or return of the grant funds, payment of interest earned on grant funds or
declaration of ineligibility for the receipt of future grant awards.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession
from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds.
In addition, City shall be entitled to recover any administrative costs, including attorney fees or
collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of
termination, if Grant funds are not returned or it is found that Grant funds were misappropriated,
Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are
finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in
addition to any other rights and remedies available to the City under the law.
9. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or
amended in any manner except by written instrument signed by the parties. Such written modification
will be made a part of this contract and subject to all other contract provisions.
10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and
agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's,
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 agreement by Grantee (including but not limited to, Grantee's employees, agents,
and others designated by Grantee to perform work or services attendant to this agreement). Grantee
shall not be held responsible for damages caused by the negligence of City.
11. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of
this agreement, maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, and owner's and contractor's-protective insurance. The
liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit
for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be
named as additional insureds. Certificates of insurance acceptable to the City shall be filed with
the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee
shall at its own expense provide the following insurance: 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.
12. Assignment-and Subcontracts. Grantee 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. Grantee 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. Merger. This contract constitutes the entire agreement between the parties. There are no
understandings, agreements or representations, oral or written, not specified in this contract
regarding this contract. Grantee, by the signature below of its authorized representative,
acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and
conditions.
14. 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 Grantee 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. Contractor, by
the signature herein of its authorized representative, hereby consents to the in personam
jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any
form of defense or immunity, based on the Eleventh Amendment to the United States
Constitution, or otherwise, from any claim or from the jurisdiction.
15. 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. Grantee 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 Grantee, with no
further liability to Grantee.
• • 1
16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules,
and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex,
marital status, sexual orientation, age, medical condition, or disability.
i
GRANTEE F ASHLAN
By By
Fin nce Director
Title iXt'G4d2;L ~Nur~J7 l3 3
c~ Date ~ I
Date r20 3
ml~2c./r7~,r 'Gt/'~•~k,S .
CITY OF
-ASHLAND
Council Communication
August 5, 2014, Business Meeting
An Emergency Ordinance Levying Taxes for the Period of July 1, 2014 to and
including June 30, 2015 and Repealing Ordinance No. 3096.
FROM:
Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us
SUMMARY
The newly formed Jackson County Library District Board has determined the Ashland Library Local
Option Levy (paying for additional hours of service) will not be needed for FY 2014-2015. Ordinance
No.3096 approved June 17th levying all City of Ashland property taxes for the period of July 1, 2014 to
and including June 30, 2015, included $444,960 for the Ashland Library Levy and is now incorrect.
The accompanying proposed ordinance eliminates that portion from City of Ashland taxes by repealing
the original ordinance and replacing it with one that excludes any levy for added library services.
Staff will certify the corrected amount to the County Assessor by the revised August 15 deadline.
BACKGROUND AND POLICY IMPLICATIONS:
Levying property taxes and certifying them to the County is part of Oregon State Budget Law.
Council approved Ordinance No. 3096 per the Budget Committee and staff recommendations in
anticipation that the local levy included at $0.1921could still be needed by the newly formed district.
At the June 17 meeting staff indicated to Council that any change identified by the District would
require a revised certification.
The District has chosen to levy at its maximum authorized level ($0.60/$1000) and stated that
Ashland's local option levy will not be needed for 2014-2015. All, or some part, of the $0.21 local
option levy could be requested for the following fiscal year.
Per Oregon Budget Law, the governing body (City Council) can levy property taxes as approved by
the Budget Committee, raise them after following certain requirements, or lower them without
additional meetings. This request adheres to the third option.
FISCAL IMPLICATIONS:
With Council approval the rates and amounts for 2014-2015 will now include the originally requested
$4.1972 for operations estimated at $9,905,830 before discounts and $516,173 for voter approved
general obligation debt service, also before discounts. Discounts are included to recognize those who
pay early to reduce the total for taxes and for those who do not pay the current assessment during the
year.
The revised ordinance authorizing the tax levy rate is consistent with the Budget Committee's
approved tax rates and amounts, excluding the library local option levy.
Pa Re 1 of 2
~r,
CITY OF
-ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the attached Ordinance under emergency conditions with first and
second readings performed at this meeting.
SUGGESTED MOTIONS:
I move to approve first and second readings of an ordinance titled, "An Ordinance levying taxes for the
period of July 1, 2014 to and including June 30, 2015, such taxes in the sum of $10,422,003 upon all
the real and personal property subject to assessment and levy within the corporate limits of the City of
Ashland, Jackson County, Oregon, repealing Ordinance 3096 and declaring an emergency".
ATTACHMENTS:
Ordinance to levy property taxes
Ordinance 3096
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2014
TO AND INCLUDING JUNE 309 2015, SUCH TAXES IN THE SUM OF
$1094229003 UPON ALL THE REAL AND PERSONAL PROPERTY
SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON,
REPEALING ORDINANCE 3096 AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in
the adopted budget in the permanent rate of $4.1972 per thousand an amount estimated to be
$9,905,830, as well as $516,173 authorized for the repayment of General Obligation Debt and
that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2014,
on all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the
following funds:
Permanent Rate Local Option Bonded Debt Per $ 1,000
General Fund - Operations $ 9,905,830 4.1972
Ashland Library Levy $0.00 0
2005 GO Bonds $ 296,730
2011 GO Bonds - Fire Station #2 219,443
$ 9,905,830 $0.00 $ 516,173
Section 3. Emergency.
This Ordinance being necessary for the immediate certification of the tax rate to the County prior
to the August 15, 2014 deadline and this Ordinance takes effect on its passage.
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 , 2014.
and duly PASSED and ADOPTED this day of , 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2014
TO AND INCLUDING JUNE 30, 2015, SUCH TAXES IN THE SUM OF
$10,866,963 UPON ALL THE REAL AND PERSONAL PROPERTY
SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in
the adopted budget in the permanent rate of $4.1972 per thousand an amount estimated to be
$9,905,830, voter authorized Local Option in the rate of $.1921 per thousand an amount
estimated to be $444,960 as well as $516,173 authorized for the repayment of General
Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year
starting July 1, 2014, on all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the
following funds:
Permanent Rate Local Option Bonded Debt Per $ 1,000
General Fund - Operations $ 9,905,830 4.1972
Ashland Library Levy $ 444,960 0.1921
2005 GO Bonds $ 296,730
2011 GO Bonds - Fire Station #2 219,443
$ 9,905,830 $ 444,960 $ 516,173
The foregoing ordinance was first read by title only in acc rdance with Article X,
Sectio (C) of the City Charter on the Z day of 2014.
Aly PASSED and OPTED this 17- day of , 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this /day of , 6ikv,2014.
J Stromberg, Mayor
Rev' ,a as to f
avid Lohman, City Attorney
Page 1 of I
CITY OF
-AS H LA N D
Council Communication
August 5, 2014, Business Meeting
Appointment to Citizen Budget Committee
FROM:
Barbara Christensen, City Recorder, christeb(agashland.or.us
SUMMARY
Four applications were received for the two vacant positions on the Citizen Budget Committee with
one term ending December 31, 2014, and one term ending December 31, 2017.
BACKGROUND AND POLICY IMPLICATIONS:
A position on the Citizen Budget Committee was created when Joan Williamson resigned due to her
living outside the City limits and when Lynn Thompson was appointed to the Planning Commission.
Since the noticing of this vacant position in February and March of 2014, and announcements at
Regular Council Meetings, four applications have been received.
These applications are from Kenneth Wilson, Traci Darrow, Garrett Furuichi and Cheryl Briggs.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Select two from the three applications to fill the vacant Citizen Budget Committee positions.
SUGGESTED MOTION:
I move to appoint to the vacant Citizen Budget Committee position with a term
ending December 31, 2014.
1 move to appoint to the vacant Citizen Budget Committee position with a term
ending December 31, 2017.
ATTACHMENTS
Applications received
Page I of 1
May 22, 2014
Ashland City Council
20 E. Main Street
Ashland, OR 97520
Dear Mayor Stromberg and Councilors Slattery, Lemhouse, Morris, Rosenthal, Marsh and Voisin:
My name is Traci Darrow, RN and I am applying for a position on the Citizens' Budget Committee.
Attached are my application and my resume. I hope that you will review them and I would be happy to
meet with each of you to answer any additional questions you may have regarding my application.
I have been an Ashland resident for nearly 30 years. I have attended SOU and OHSU School of Nursing,
Ashland, and my children attend our top-notch Ashland Schools. I consider myself very lucky to have
lived in Ashland for so many years and have been able to raise my children is such a vibrant and diverse
community. I feel it is time for me to also give back to my community and volunteer my time and
talents to best serve my fellow Ashland residents.
My background has been in the public and non-profit sectors for nearly all of my adult life. I worked as
the Southern Oregon Field Representative for U.S. Senator Ron Wyden for 12 years. This position
allowed me to work as the liaison between the Federal government and our local communities and I
have advocated for key investments in our public infrastructure from roads to rail and electric vehicle
charging stations to investments in education, health care, telecommunications as well as direct funding
for so many of our local non-profit entities that serve the needs of our community. I understand project
budgets, matching funds, restricted funds, multi-year budgets as well as annual, programmatic budgets
and the management of cash flow.
I also worked three Oregon State Legislative sessions (1989, 1991, 1993). One of those sessions for a
House member who was on the Ways and Means Committee and also the State Representative from
Ashland. Knowing the needs of our community has been something I have been attuned to for many
years. As public and private resources become more scarce, knowing how to best allocate those funds
becomes even more important as we need to maximize every dollar and leverage public investments for
our future.
I have taken coursework in Public Budgeting, Public Administration and non-profit budgeting and
management.
In my current employment as an RN at Community Health Center I serve on the Leadership Team that is
currently working on organizational budgeting as well as restructuring and creating workflows that best
utilize our funding to serve those most vulnerable in our community. We are applying Lean Process
theory as well as Hoshin Kand principles to our management structure to create a sustainable system
that has the capacity to incorporate quality and performance improvement on an on-going basis.
Looking at our Board-driven Strategic Plan as well as our Mission and then developing business
objectives and goals that match those objectives through our budget and processes is a daily objective
for me. I am also currently working on an internal matrix that we can apply to external funding
opportunities that will help prioritize the projects and grants we pursue, i.e.; does the funding
opportunity fit our mission, do we have the capacity to deliver on the objectives, do we have systems in
place to capture the data required and also do we have the ability to liberate the data from our systems
when we are required to submit reports on the funds? This way we do not waste time or money on
projects that ultimately do not best serve the organization.
In my years of working with both public and private budgets it ultimately comes down to the question
of: how do we best allocate our dollars to meet the needs of our community. What are our priorities?
What are our values? Those are the things we invest in.
I hope that you will give consideration to my application and I would like to thank you for your time and
attention.
Sincerely,
1
Traci R. Darrow, RN BSN
253 Cambridge Street
Ashland, OR 97520
530.598.2460
tracidow@aol.com
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.ns. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary. ~n
Name ~'~~UY~a tllf
Requesting to serve on: € Z 1: ~ 1$/j~ (Coliitnission/Committee)
Address r qi7, a
Occupation Phone: Home f
Vl'16Y~( Work
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Fax Fl f _ c~ 'icy. L
1. Education Background
What schools have you attended? 03CU
What degrees do yout hold? `~~j„~/jKD46LI +
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What additional training or education hav you had that would apply t this option?
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? ,
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Do you feel it would be advantageous for you to have further training in this field, such
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as attending conferences or seminars? Why&Ia-Av
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3. Interests
Why are you applying for this position? ~
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
5. Additionallnformation
How long have y u lived in this conununity? W41
hrc LrvetlPw2 cif rn ~tr~uf Ii,° u2 W IV, Ch Well a
Please use the space belo`W to summad a any additional qualifications you have for this
position
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Date Signature
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CITY OF
ASHLAND
_ 14 APPLICATION FOR APPOINTMENT TO
~P CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Garrett Furuichi
Requesting to serve on: Citizen's Budget Committee (Commission/Committee)
Address-2159 13 Street
Occupation-Small Business Owner Phone: Home: (541)646-0-575
Work: 'lame
Email: gf cedeuxchats.com
Fax None
1. Education Background
What schools have you attended? (:Tilden (:Tate 1.3niversity, San Francisco
California State l.nversity, Sacramento
What degrees do you hold? N4BA Corporate Fin',ince and Real I'.state/Land Case.
Bachelor's Business Administration - Finance and Real I?state
What additional training or education have you had that would apply to this position?
Cornpleted Revenue School for Recreation and Park Department. Complete Budget
Training using FAMIS (Oracle) software.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have prepared financial budgets for various entities. including non-profits, tribal
corporations and government departments. As the budget officer for the City of San
I-'raneisco Recreation and Park Department I vas responsibel for the compliation of the
annual budget of S65 million.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Not at this time
IWALAR
3. Interests
Why are you applying for this position? 1. want to contribute my skills and promote
the fiscal health of our cornmuntity.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes, prefer evenings.
5. Additional Information
How long have you lived in this community? Seven Years
Please use the space below to summarize any additional qualifications you have for this
position
Managed annual budget and monitoring for Departments divers operations including parks, recreation programs:
facilities, golf courses, protessional sports teams, and Campground. Supervised revenue accounting section, he'd
monthly fiscal management meetings on budget reviews and discussions of tactics to deal with specific situations; e.g.,
re-routing funds for a new program, salary cost savings, and generating new revenue. Prepared Revenue forecasts
and participated in planning and developing new revenue sources, led effort to develop logo merchandise for
Department. Aggressively sought (and found) opportunities to cut expenses. Presented cost savings and revenue
forecasts to Commission. Audited gate receipts from major events attended by up to 20,000 people. Contract
administration. Wrote RFPs for projects; established selection criteria and evaluated proposals. Made
recommendations to contract with particular concessionaires; developed practices and audit programs for monitoring
concessionaire activit}F and their revenue streams. Designed and led in-house training on cash collection process and
improved revenue accounting and reconciliation.
a Managed annual budget preparation of $65 Million Operating and Capital budget; including negotiations with
Mayor's office and presentations to Commission and Board of Supervisors,
a Developed a revenue reporting system that improved collection of data, specifically visitation statistics for tourist
sites and facilities, providing a variety of other information we previously did not have:
a Successfully advocated to reduce energy use by over 75% for three of our city pools, conducted pilot project in
cooperation with Bureau of Energy Conservation utilizing new technology in compact fluorescent fixtures,
a Established new policies and procedures for cash handling. thereby improving accounting and reporting for
facility use and attendance; and stream lined deposit preparation reducing data entry by 90 percent.
a Supervised revenue accountin_q section. including billing, collection and event reservations, conducted
organization, and financial audits, and implemented collection policy procedures for rental facilities such as the Yacht
Harbor that improved collections and reduce delinquent payment by 40 percent:
a Prepared monthly Board presentation of financial condition, analysis of fees, and forecast of $43 Million
revenue budget that included diverse revenues from golf course green fees: stadium operations; athle~c and aquatic
activities, leases; food and beverage contracts, parking receipts; and special events.
4 ti'?()14
Date Signature
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 christeh u 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: Kenneth Wilson
MAY
Requesting to serve on: Citizens Budget Committee 9 O
e Y ?014
Address: 190 Logan Drive
Occupation: Vocational Counselor/Consultant
Home: 5414821305 Mobile: 5413011911
Work: 541 482 8888
Email: kwilson@mareopoloassociates.com
Fax: 541 482 1046
1. Education Backeround
What schools have you attended? Purdue University, University of Minnesota,
Eastern Michigan University
What degrees do you hold? BSEE, MBA - Finance
What additional training or education have you had that would apply to this position?
Past training on several accounting systems (no longer proficient), CUFFS financial
modeling software, QuickBooks and extensive Excel training and use. I have also been
trained in Robert Bradford's Simplified Strategic Planning process and offer this through
my consulting practice.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? (see attached resume)
Worked as Controller, Director of Financial Planning and in various management
positions requiring development and management of budgets. I was also a member of the
Advisory Board of Directors for Park Industries (St. Cloud, MN) for 5 years and for 3
years on the Board and as Treasurer for Havurah Shir Hadash.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? - I don't see any training requirements at
this time.
IF'A
3. Interests
Why are you applying for this position? 1 feel this is a meaningful way I can use my
experience and capability to help Ashland be on sound financial footing so it can
continue to be a great community to live in.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Because of my semi-retirement
status my time is quite flexible and with sufficient notice I can be available for both day
and evening meetings.
5. Additional Information
How long have you lived in this community? My wife Susan and I have been living in
Ashland for almost 10 years and prior to that have visited Ashland attending OSF since
1984.
Please use the space below to summarize any additional qualifications you have for this
position
r
5/19/2014_
Date Signature
07/07/2014 09:59 17148408113 PAGE 02
CITY OF
-ASH LAN D
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 Maim. Street, or email c ristebaashland.orus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Cheryl Jolene Briggs
Requesting to serve on: Budget Committee (Commission/Committee)
Address 160 Scenic Drive Ashland
occupation Retired Budget Analyst - SOU Phone: Home 562-673-4217
Work
Email cherylbriggso@gmail.com
Fax
1. Education Background
What schools have you attended? USC. UC Riverside. UCLA _
What degrees do you hold? Master's in Public Administration; Bachelor of Arts;
Secondary Teaching Credential
What additional training or education have you had that would apply to this position?
Several extension courses in budget development and accounting.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position'.?
Senior Budget Analyst: SOU (4.5 years) Budoet Analyst: City of Long Beach
12 years; Administrative Aide: City of Irvine CA
Do you feel it would he advantageous for you to have filrther training in this field, such
as attending conferences or seminars? Why? Text Yes, if the subject matter pertains to city issues.
I'm always interested in learning.
CITY OF
ASHLAND
Council Communication
August 5, 2014, Business Meeting
Second Reading of an Ordinance Establishing
Time, Place and Manner Regulations for Medical Marijuana Dispensaries
FROM:
Dave Lohman, City Attorney, lohmandgashland.or.us
SUMMARY
This agenda item seeks Council approval of the second reading of an ordinance establishing time,
place, and manner ("TPM") regulations for medical marijuana dispensaries.
BACKGROUND AND POLICY IMPLICATIONS:
At its July 1, 2014 regular session, Council approved first reading of an ordinance establishing a permit
process and City-imposed TPM regulations for marijuana dispensaries. For second reading, a few
changes to the proposed ordinance are recommended in response to Councilors' comments at the July
1 meeting and in the interest of consistency with some of the revisions Council formally approved at
first reading. The differences between the version adopted on first reading and the suggested version
presented for second reading are highlighted in the proposed ordinance and summarized below:
• A definition of "cash accounting" is eliminated from Section 6.50.020 Definitions because that
term is not used elsewhere in the second reading version. References to accounting systems
elsewhere in the draft ordinance are self-explanatory.
• A definition of "company principal" is added to clarify use of that term in the definition of
"financial interest." 06.50.020D)
• A definition of "financial interest" is added to Section 6.50.020 Definitions in order to use that
term as a way of simplifying provisions elsewhere in the draft ordinance on application
information and recordkeeping requirements. This definition also distinguishes a dispensary's
short-term accounts payable from loans that constitute a reportable financial interest in the
dispensary. (§6.50.020G)
• References to the Community Development Department's roles in permitting dispensaries are
replaced by references to the Administrator, the City or City offices to minimize unnecessary
administrative details in the ordinance. ((§6.50.040A; §6.50.050C)
• Proscriptions to bar persons with drug-related criminal histories from providing financial
assistance are deleted, as are verifying background checks. (§6.50.040A(8); §6.50.060I(2,3, and
4); §6.50.060J; §6.50.065) The State already has criminal history limitations and conducts
background checks for dispensary operators, thus eliminating the need for any such City
criteria or background checks.
• A prohibition against selling marijuana products to third parties outside a dispensary is
modified to make clear that the operator of a dispensary is responsible, as a condition of its
permit, for enforcing the ban on its premises, but not beyond. (§6.50.060N)
Page ] of 2
Vr,
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of second reading of the ordinance on time, place and manner regulations
governing medical marijuana dispensaries.
SUGGESTED MOTION:
I move to approve second reading of an ordinance titled "An Ordinance Amending the Ashland
Municipal Code Title 6 Business Licenses and Regulations to Add a Chapter Establishing Time, Place
and Manner Regulations and a Permitting Process for Medical Marijuana Dispensaries" as presented
(or as amended).
ATTACHMENTS:
Proposed TPM ordinance for medical marijuana dispensaries
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL
CODE TITLE 6 BUSINESS LICENSES AND REGULATIONS
TO ADD CHAPTER 6.50 ESTABLISHING TIME, PLACE
AND MANNER REGULATIONS AND A PERMITTING
PROCESS FOR MEDICAL MARIJUANA DISPENSARIES
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 Shon 20 Or.App. 293;
531 P 2d 730, 734 (1975).
WHEREAS, the Oregon Legislature enacted House Bill 3460 in 2013 (ORS 475.314) which
requires the Oregon Health Authority to develop and implement a process to register medical
marijuana facilities.
WHEREAS, under Oregon law, local governments may regulate the operation and location of
certain types of businesses within their jurisdiction limits except when such action has been
specifically preempted by state statute.
WHEREAS, the City Council of the City of Ashland desires to allow operation of medical
marijuana dispensaries in the City in ways that protect and benefit the public health, safety and
welfare of existing and future residents of the City.
WHEREAS, the Council has determined the unique characteristics of medical marijuana
dispensary operations and their potential impacts make it necessary to establish particular time,
place, and manner requirements for such operations and a separate permitting process for
medical marijuana dispensaries, in addition to establishing such facilities as a new regulated land
use within the City.
WHEREAS, the Council conducted a duly advertised public hearing on the above-referenced
amendment on June 17, 2014 and, 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;
ORDINANCE No. Page 1 of 7
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Title 6 Business Licenses and Regulations of the Ashland Municipal Code is
hereby amended to add as a new Chapter 6.50 with the following provisions concerning medical
marijuana dispensaries:
SECTION 6.50.010 Purpose.
The purpose of this chapter is to minimize any adverse public safety and public health
impacts that may result from allowing medical marijuana dispensaries in the City by
adopting particular time, place and manner requirements and a separate permitting process
for such dispensaries.
SECTION 6.50.020 Definitions.
A. "Administrator" means the City Administrator of the City of Ashland or his/her designee.
B. "Cash Aeeeut4ing" means a eash basis system of aeeaunling in w-hieh the operator- of aii
enter-pr-ise feeefds r-eventte and expenses when the), afe paid, fegafdless of When gee
are r-eeeived of delivefed-.
C. "CFR Schedule I or Schedule II" means the controlled substances designated in the Code
of Federal Regulations Title 21, Chapter II, Part 1308.
D. "Company Principal" means a person who is an officer or director of a legal entity or has
a controlling interest in the entity, through ownership or control of 10% or more of the
stock in the entity or 10% or more of the total membership interest in the entity or 10% or
more of the total investment interest in the entity.
E. "Convicted" means found guilty by verdict or finding entered in a criminal proceeding in
a court of competent jurisdiction.
F. "Dispensary" means a medical marijuana dispensary.
G. "Financial Interest" exists when a person, the person's immediate family, or a legal entity
of which the person is a company principal (1 receives or is entitled to receive directly or
indirectly any of the benefits of the dispensary; (2) rents or leases real property to the
operator for use by the business; (3) rents or leases personal property to the operator for a
commercially unreasonable rate; (4) lands or gives money, real property or personal
property to the operator for use in the business. For purposes of this section, monies
owed to suppliers and contractors for the reasonable cost of goods and services received
do not constitute a financial interest in a dispensary.
H. "Marijuana" means all parts of the plant of the Cannabis Moraceae, whether growing or
not, the resin extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by
Oregon Revised Statutes or as they currently exist or may from time to time be amended.
It does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or predation of the mature stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination.
1. "Medical Marijuana" means all parts of marijuana plants that may be used to treat or
alleviate a qualifying patient's debilitating medical condition or symptoms associated
with the patient's debilitating medical condition.
ORDINANCE No. Page 2 of 7
4) A detailed description of the proposed accounting and inventory systems for the
dispensary.
5) Certification that the proposed dispensary is registered as an Oregon medical
marijuana facility pursuant to ORS 475.300-475.346 and is licensed to conduct
business in compliance with Chapter 6.04 of the Ashland Municipal Code.
6) Certification that the proposed dispensary has met all applicable requirements in Title
18 Land Use of the Ashland Municipal Code.
7) Certification that all current fees and taxes owed have been paid.
B. At the time of submission of an initial dispensary permit application, the applicant must
pay a dispensary permit application and investigation fee. The fee amount shall be set by
Council resolution. No portion of the dispensary permit fee is refundable in the event
operation of the dispensary is discontinued for any reason.
C. A separate permit application must be submitted for each proposed dispensary location.
SECTION 6.50.050 Permit Termination - Renewal - Fee
A. A dispensary permit terminates automatically on June 30 of each year, unless a permit
renewal application is approved.
B. A dispensary permit terminates automatically if federal or state statutes, regulations or
guidelines are modified, changed, or interpreted in such a way by state or federal law
enforcement officials as to prohibit operation of the dispensary under this ordinance.
C. A permit renewal application shall include information similar in nature to that provided
on the permittee's initial permit application and must be submitted to the Commuflity
Development DepaAmen4 City prior to expiration of the permit.
D. At the time of submission of a dispensary permit renewal application, the permittee must
pay a dispensary permit renewal application and investigation fee. The fee amount shall
be set by Council resolution.
SECTION 6.50.060 Permit Conditions
Any medical marijuana dispensary must comply with the following requirements, in addition
to any other state or local requirements:
A. The dispensary must have a current City business license.
B. The dispensary must meet applicable land-use, building and fire codes.
C. The dispensary must not manufacture or produce any extracts, oils, resins or similar
derivatives of marijuana on-site and must not use open flames in the preparation of any
products.
D. Marijuana and tobacco products must not be smoked, ingested or otherwise consumed on
the premises of the dispensary.
E. Operating hours for retail sales to Medical Marijuana Qualifying Patients must be no
earlier than 7:00 a.m. or later than 7:00 p.m. on the same day.
F. The dispensary must utilize an air filtration and ventilation system which, to the greatest
extent feasible, confines all objectionable odors associated with the dispensary to the
premises. For the purposes of this provision, the standard for judging "objectionable
odors" shall be that of an average, reasonable person with ordinary sensibilities after
taking into consideration the character of the neighborhood in which the odor is made and
the odor is detected.
ORDINANCE No. Page 4 of 7
J. "Medical Marijuana Dispensary" means a medical marijuana facility that is registered by
the Oregon Health Authority under ORS 475.300-475.346 and that sells, distributes,
transmits, gives, dispenses or otherwise provides medical marijuana to medical marijuana
qualifying patients.
K. "Medical Marijuana Qualifying Patient" means a registry identification cardholder
(person who has been diagnosed by a physician as having a debilitating medical
condition) as further defined by ORS 475.302(3) or the designated primary caregiver of
the cardholder is defined by ORS 475.302(5).
L. "Minor" means any person under 18 years of age.
M. "Operator" means the person who is the proprietor of a dispensary, whether in the
capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other
capacity. If the operator is a corporation, the term operator also includes each and every
member of the corporation's Board of Directors whose directorship occurs in a period
during which the dispensary is in operation. If the operator is a partnership or limited
liability company, the term operator also includes each and every member thereof whose
membership occurs in a period during which the dispensary is in operation.
N. "Person" means natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, organization, or any group or
combination acting as a unit, including the United States of America, the State of Oregon
and any political subdivision thereof, or the manager, lessee, agent, servant, officer or
employee of any of them.
0. "Premises" means a location registered by the State of Oregon as a medical marijuana
dispensary and includes all areas at the location that are used in the business operated at
the location, including offices, kitchens, restrooms, storerooms, and including all public
and private areas where individuals are permitted to be present.
SECTION 6.50.030 Annual Permit Required
The operator of any medical marijuana dispensary in the City must possess a valid annual
medical marijuana dispensary permit issued under this chapter and must comply with the
requirements of any other state or local law or regulation. The permit terms shall be for a
fiscal year, beginning July I and ending June 30 of the next year.
SECTION 6.50.040 Initial Permit Application and Fee
A. Application forms for medical marijuana dispensary permits will be available at4he
Ashland Comfflunity Development City offices. Applications for initial and
renewal medical marijuana dispensary permits must be submitted to the C~ty
City and must be signed under penalty of perjury. The
application documents must include at least the following:
1) The location of the proposed facility.
2) The true names and addresses and any aliases of the persons or legal ef4i that
have, or have had within the preceding year, a financial interest
in the dispensary. that have leaned or- given maney or feal or- pefseflal pr-epefty to the
appheant faf use by the dispeiisafy within the pfeeeding yeaf; of that ha,,e !eased real
3) A detailed description of the type, nature and extent of the enterprise to be conducted
at the proposed facility.
ORDINANCE No. Page 3 of 7
V~1
G. The dispensary must not be co-located on the same property or with n the s e buildin
with any marijuana social club or smoking club.
IJ. o minor is allowed n''~ n*P'~1eP~ >>nL"s the minor is a cardholder an is accompanies
by a parent or guardian whose purpose is to procure the minor's medicine. 'Pt Q~G~G~
A person who has been convicted in any state for the manufacture or delivery of a
controlled substance listed in CFR Schedule I or Schedule II once or more in the previous
five years or twice or more in the person's lifetime may not be an operator of a
dispensary.
epefataf of any dispensafy pfopesed of opefating in the City and en eaeh pefsen or- entity
K. The Dispensary must have an accounting system specifically designed for enterprises
reliant on transactions conducted primarily in cash and sufficient to maintain detailed,
auditable financial records. If the Administrator finds the books and records of the
operator or are deficient in any way or if the operator's accounting system is not
auditable, the operator must modify the dispensary's accounting system to meet the
requirements of the Administrator.
L. Every dispensary must keep and preserve, in an accounting format established by the
Administrator, records of all sales made by the dispensary and such other books or
accounts as may be required by the Administrator. Each dispensary operator must keep
and preserve for a period of at least three (3) years records containing at least the
following information:
1) True names and any aliases of any operator of the dispensary, as that term is
defined in Section 2 6.50.020N of this chapter;
2) True names and addresses and any aliases of persons that have, or have had
within the preceding year, a financial interest with a eyffiefship int + of 59
mnrr~in the Y J v au that has a 259 of more sh
uny entity in the dispensary; and
(inaneng fr the dispensary;
iiiuaivu t 4) Tfue naffies and an), N aliases fpefs who >1 t, . of i 51
Y u interest ✓ JVVr
ft any entity that pr-evides or has provided equity of debt finaneing fef the
dispensary entities from whom owners of the dispensary have bar-rowed- ififfln-d-s -fq-.r-
5) The Administrator may require additional information as he or she deems
necessary.
M. Each dispensary must display its current permit inside the dispensary in a prominent
place easily visible to persons conducting business in the dispensary.
N. Sales or any other transfers of marijuana products on the dispensary premises must occur
inside the dispensary building and must be conducted only between the dispensary and
Medical Marijuana Qualifying Patients.
Community Chee6
The Develepmeftt Y oeuu w the
Seeti cn 04 n n (2)Tl,ut Poliee De at4f nt will "a. et Lack _ a -
v viva i`~. f i
ORDINANCE No. Page 5 of 7
the previous > five Fears or- twiee or- more in t N` Jvu's lifetime and F t n `
Development DeYpartment whethef ef not all the reivv named the it applieattiEffi
1 a l- 1
will fetair ; its , fi t' 1 files o or- of the results of the ti v
SECTION 6.50.070 _Examination of Books, Records and Premises
A. To determine compliance with the requirements of this chapter; Title 18 Land Use of the
Ashland Municipal Code; and any local tax measures, the Administrator may examine or
cause to be examined by an agent or representative designated by the Administrator, at
any reasonable time, the premises of the dispensary, including wastewater from the
dispensary, and any and all dispensary financial, operational and facility information,
including books, papers, payroll reports and state and federal income tax returns. Every
permittee is directed and required to furnish to the Administrator the means, facilities and
opportunity for making such examinations and investigations.
B. As part of investigation of a crime which law enforcement officials reasonably suspect
has taken place on the premises, Ashland Police shall be allowed to view surveillance
videotapes at any reasonable time.
SECTION 6.50.080 Administrative and Other Remedies for Noncompliance,
Administrative Appeals, and Penalties
A. The Administrator may deny, suspend, or revoke a dispensary permit for failure to
comply with this chapter or rules adopted under this chapter, for submitting falsified
information to the City for the Oregon Health Authority, or for noncompliance with any
other City ordinances.
1) Any suspension or revocation pursuant to this section shall be in writing, setting
forth the reasons therefor, and giving the permittee written notice by first-class
United States Mail at least five days prior to effective date of the revocation or
suspension.
2) A decision to deny, suspend, or revoke a dispensary permit may be appealed as
provided in AMC 2.30. The findings of the hearings officer shall be final and
conclusive, and shall be served upon the appellant in the manner prescribed for
service of notice of hearing.
B. In addition to the remedies of suspension and revocation, failure to comply with the
requirements of this chapter may be prosecuted as a Class I violation, punishable as
provided in AMC 1.08.020 - 1.08.030.
C. In addition to the remedies of suspension and revocation, submitting false or fraudulent
information to the City may be prosecuted as a Class C misdemeanor, subject to AMC
1.08.
D. The remedies provided in this section are not exclusive and shall not prevent the City
from exercising any other remedy available under the law, nor shall the provisions of this
chapter prohibit or restrict the City or other appropriate prosecutor from pursuing
criminal charges under state law or City ordinance.
SECTION 6.50.090 Confidentiality
ORDINANCE No. Page 6 of 7
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee
or agent to divulge, release or make known in any manner any financial or employee
information submitted or disclosed to the City under the terms of this chapter. Nothing in
this section shall prohibit:
A. The disclosure of the names and addresses of any operator or provider of equity or debt
financing for a dispensary; or
B. The disclosure of general statistics in a form which would prevent identification of
financial information regarding a dispensary operator; or
C. The presentation of evidence to a court, or other tribunal having jurisdiction in the
prosecution of any criminal or civil claim by the City under this chapter; or
D. The disclosure of information when such disclosure of conditionally exempt information
is ordered under public records law procedures.
SECTION 2. Severability.
If any section, subsection, paragraph, sentence or word in this ordinance is deemed to be invalid
or beyond the authority of the City, either on its face or is applied, the invalidity of such
provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this
ordinance, and the application thereof, and to that end sections, subsections, paragraphs,
sentences and words of this chapter shall be deemed severable.
SECTION 3. 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, and text descriptions of amendments (i.e. Sections 1-3) 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 1St day of July, 2014, and duly PASSED and ADOPTED this
day of , 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
ORDINANCE No. Page 7 of 7
CITY OF
ASHLAND
Council Communication
August 5, 2014, Business Meeting
An Ordinance Establishing a Tax on the Sale of Marijuana and Marijuana-infused
Products in the City of Ashland
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
This is second reading of an ordinance imposing a tax on the retail sale of marijuana in Ashland. The
ordinance imposes a gross receipts tax on the sale of medical marijuana, recreational marijuana (should
it be legalized by Oregon voters in November) and marijuana-infused products. As presented at first
reading, the ordinance imposed a lower tax rate on medical marijuana (5%) than that imposed on
recreational marijuana (10%). The Council requested that the ordinance be amended to state that the
tax rate would be adopted by Council resolution and could be "up to" those amounts. The ordinance
applies to all state-licensed retailers of marijuana and medical marijuana, as well as all those who are
required to be licensed by the state. The ordinance allows the seller to retain five percent (5%) of all
taxes due to defray the costs of bookkeeping and remittance.
BACKGROUND AND POLICY IMPLICATIONS
Oregon voters legalized medical marijuana via initiative petition in 1999. Shortly thereafter, medical
marijuana dispensaries began opening around the state. These dispensaries essentially served as a
middle-man for marijuana growers and medical marijuana patients. While these dispensaries were at
least arguably legal, they were unregulated and the source of controversy in many communities.
The 2013 Oregon Legislature passed HB 3460, which created a regulatory and licensing regimen for
medical marijuana dispensaries. To date, there are 198 approved and 115 provisionally approved
dispensaries in Oregon. There are two provisionally approved dispensaries in Ashland, although
neither has yet opened for business. ("Provisionally approved" means the applicant has met all of the
licensure requirements, but the Oregon Medical Marijuana Program has not yet approved the
dispensary's security system.)
In addition, an initiative petition has been submitted to the Secretary of State for a ballot measure that
would legalize the sale of recreational marijuana in Oregon. This measure is likely to appear on the
November ballot and is similar to a measure approved by Washington voters in 2012.
There is nothing in current Oregon law that prohibits a local government from taxing marijuana and, at
its May 19, 2014, study session, the Council directed staff to create an ordinance for doing so. Council
asked that the ordinance look at taxing both ends of the supply chain and also asked for an economic
analysis of a tax on medical and/or recreational marijuana. That analysis is discussed in an attached
memo.
CITY OF
ASHLAND
The ordinance presented for Council consideration is a gross receipts tax on the sale of marijuana,
medical marijuana and marijuana-infused products. A gross receipts tax is applied to the total gross
taxable revenues of a business. It is similar to a sales tax except that it is levied on the seller rather
than the purchaser. The seller is responsible for maintaining accurate records of its gross revenues
from taxable goods and services and then remitting a percentage to the taxing entity. Many businesses
that are subject to a gross receipts tax will show the tax on the bill of sale they present to the customer,
but it is nonetheless the business that is responsible for paying it. Ashland's food & beverage tax is a
gross receipts tax. A gross receipts tax has the administrative advantages of ease of collection and ease
of auditing.
Staff declined to present a taxation scenario in which growers and processors are also taxed for a
number of reasons. First, under Oregon law, growers and grow sites must register with the state, but
their locations and identities are confidential. We would have no way of identifying them in order to
apply a tax. Next, staff has no experience with administering a value added tax, which is essentially
what this would be, and is reluctant to even attempt to create the administrative structure for such a tax.
Third, we have no models that we could adapt in order to create a value added tax. The State of
Washington's new marijuana law provides for a 25% excise tax at each transaction point (producer to
processor, processor to retailer and retailer to consumer; thus a value added tax), but at the time this
ordinance was written, Washington had not adopted and published rules and procedures for
administering the tax'. Finally, all taxes - regardless of where they are assessed in the supply chain -
are ultimately passed on to the consumer. Therefore, the gross receipts of a business would reflect all
of the costs incurred along the supply chain and a gross receipts tax would capture tax revenue from
each of those elements. How to disperse that tax liability within the supply chain would be left to the
growers, processors and retailers, rather than to the City.
As stated above, there is nothing in current Oregon law that prohibits the City from taxing marijuana,
but it should be noted that the marijuana initiative likely to be considered by the voters in November
contains the following language:
SECTION 42. State has exclusive right to tax marijuana. No county or city of this state shall impose
any fee or tax, including occupation taxes, privilege tares and inspection fees, in connection with the
purchase, sale, production, processing, transportation, and delivery of marijuana items.
Because this language does not specifically repeal a local marijuana tax in effect at the time of the
measure's passage, and because this language can be interpreted to read "No county or city of this state
shall [after the effective date of this measure] impose any fee or tax..." it can be argued that this
language would not pre-empt this taxation ordinance if it is adopted by the Council. Alternatively, the
language can be read as "No county or city of this state shall [be allowed at any time to] impose any
fee or tax..." As such, absent adjudication in a state court, there is no guarantee that a local tax
imposed prior to passage of this initiative would survive beyond the effective date of the initiative,
unless this language is modified by the Legislature.
This ordinance contains the following elements:
• Section 4.38.010 -Purpose. This states the purpose of the ordinance
i The City of Boulder, Colorado, licenses growers within its city limits and imposes an excise tax based on the weight of
material sold. The licensure requirement gives Boulder the enforcement mechanism necessary to apply the tax, since those
growers who do not comply lose their license. Ashland has no legal means by which to license growers.
CITY OF
ASHLAND
• Section 4.38.020 - Definitions. Definitions are added to the municipal code for "Marijuana,"
and "Seller." Other definitions in this section already exist elsewhere in the code.
• Section 4.38.030 - Levy of Tax. This section imposes a 5% gross receipts tax on the sale of
medical marijuana and a 10% gross receipts tax on the sale of recreational marijuana. The tax
also applies to marijuana-infused products.
• Section 4.38.040 - Deductions. Allows sellers to deduct certain expenses from their gross
receipts for purposes of calculating taxable revenues.
• Section 4.38.050 - Seller Responsible for Payment of Tax. Establishes seller responsibility and
deadlines for remitting the tax to the City. Allows the seller to retain 5% of total tax to cover
the cost of administration and remittance.
• Section 4.38.060 - Penalties and Interest. Establishes late payment penalties and penalties for
fraud.
• Section 4.3 8.070 - Failure to Report and Remit Tax. Gives the Finance Director the authority
to determine that a seller is delinquent and to give notice.
• Section 4.38.080 -Appeal. Gives a seller the right to appeal the determination of the Finance
Director.
• Section 4.3 8.090 - Refunds. Allows a seller to submit evidence of overpayment and to request
a refund.
• Section 4.38.100 -Action to Collect. Makes anyone who owes the City money under this
ordinance liable to an action brought by the City for recovery of amounts owed.
• Section 4.38.110 - Violation Infractions. This section makes violations of this ordinance
punishable as set forth in other existing AMC provisions.
• Section 4.38.120 - Confidentiality. City agrees to treat information provided to it by sellers as
confidential to the extent permitted by law.
• Section 4.38.130 - Audit of Books, Records or Persons. Gives the City the right to audit a
seller's records and requires a seller to make all books, invoices, accounts and other records
available to the City.
• Section 4.38.140 - Forms and Regulations. Allows the Finance Director to prescribe the forms
on which returns are made and other reports are supplied.
STAFF RECOMMENDATION AND REQUESTED ACTION
Staff recommends approval of second reading by title only of an Ordinance Establishing a Tax on the
Sale of Marijuana and Marijuana-infused Products in the City of Ashland.
SUGGESTED MOTION
I move approval of an ordinance titled, "An Ordinance Establishing a Tax on the Sale of Marijuana
and Marijuana-infused Products in the City of Ashland"
ATTACHMENTS
Ordinance establishing tax
Memo to Council: Economic Analysis
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A TAX ON THE
SALE OF MARIJUANA AND MARIJUANA-INFUSED
PRODUCTS IN THE CITY OF ASHLAND
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through 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 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 City desires to tax the sale or transfer of marijuana and marijuana-infused
products within the City.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Title 4 Revenue and Finance of the Ashland Municipal Code hereby adds a new
Chapter 4.38, establishing a tax on the sale of marijuana and marijuana-infused products, as
follows:
SECTION 4.38.010 Purpose.
For the purposes of this Chapter, every person who sells marijuana, medical marijuana or
marijuana-infused products in the City of Ashland is exercising a taxable privilege. The
purpose of this Chapter is to impose a tax upon the retail sale of marijuana, medical
marijuana, and marijuana-infused products.
SECTION 4.38.020 Definitions.
When not clearly otherwise indicated by the context, the following words and phrases as
used in this chapter shall have the following meanings:
A. "Director" means the Director of Finance for the City of Ashland or his/her designee.
B. "Gross Taxable Sales" means the total amount received in money, credits, property or
other consideration from sales of marijuana, medical marijuana and marijuana-infused
products that is subject to the tax imposed by this chapter.
C. "Marijuana" means all parts of the plant of the Cannabis family Moraceae, whether
growing or not; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be
defined by Oregon Revised Statutes as they currently exist or may from time to time be
Ordinance No. Page 1 of 7
amended. It does not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted
there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination.
D. "Oregon Medical Marijuana Program" means the office within the Oregon Health
Authority that administers the provisions of ORS 475.300 through 475.346, the Oregon
Medical Marijuana Act, and all policies and procedures pertaining thereto.
E. "Person" means natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, organization, or any group or
combination acting as a unit, including the United States of America, the State of Oregon
and any political subdivision thereof, or the manager, lessee, agent, servant, officer or
employee of any of them.
F. "Purchase or Sale" means the retail acquisition or furnishing for consideration by any
person of marijuana within the City and does not include the acquisition or furnishing
of marijuana by a grower or processor to a seller.
G. "Registry identification cardholder" means a person who has been diagnosed by an
attending physician with a debilitating medical condition and for whom the use of
medical marijuana may mitigate the symptoms or effects of the person's debilitating
medical condition, and who has been issued a registry identification card by the Oregon
Health Authority.
H. "Retail sale" means the transfer of goods or services in exchange for any valuable
consideration and does not include the transfer or exchange of goods or services
between a grower or processor and a seller.
1. "Seller" means any person who is required to be licensed or has been licensed by the
State of Oregon to provide marijuana or marijuana-infused products to purchasers for
money, credit, property or other consideration.
J. "Tax" means either the tax payable by the seller or the aggregate amount of taxes due
from a seller during the period for which the seller is required to report collections under
this chapter.
K. "Taxpayer" means any person obligated to account to the Finance Director for taxes
collected or to be collected, or from whom a tax is due, under the terms of this chapter.
SECTION 4.38.030 Lew of Tax.
A. There is hereby levied and shall be paid a tax by every seller exercising the taxable
privilege of selling marijuana and marijuana-infused products as defined in this chapter.
B. The amount of tax levied is shall be established by a City Council resolution as
follows:
1) Up to Wive percent (5%) of the gross sale amount paid to the seller by a registry
identification cardholder.
2) Up to t-Ten percent (10%) of the gross sale amount paid to the seller of marijuana and
marijuana-infused products by individuals who are not purchasing marijuana under
the Oregon Medical Marijuana Program.
SECTION 4.38.040 Deductions. " ! ,
Ordinance No. W Page 2 of 7
The following deductions shall be allowed against sales received by the seller providing
marijuana:
A. Refunds of sales actually returned to any purchaser;
B. Any adjustments in sales which amount to a refund to a purchaser, providing such
adjustment pertains to the actual sale of marijuana or marijuana-infused products and
does not include any adjustments for other services furnished by a seller.
SECTION 4.38.050 Seller Responsible For Payment Of Tax.
A. Every seller shall, on or before the last day of the month following the end of each
calendar quarter (in the months of April, July, October and January) make a return to the
Director, on forms provided by the City, specifying the total sales subject to this chapter
and the amount of tax collected under this chapter. The seller may request or the Director
may establish shorter reporting periods for any seller if the seller or Director deems it
necessary in order to insure collection of the tax and the Director may require further
information in the return relevant to payment of the tax. A return shall not be considered
filed until it is actually received by the Director.
B. At the time the return is filed, the full amount of the tax collected shall be remitted to the
Director. Payments received by the Director for application against existing liabilities
will be credited toward the period designated by the taxpayer under conditions that are
not prejudicial to the interest of the City. A condition considered prejudicial is the
imminent expiration of the statute of limitations for a period or periods.
C. Non-designated payments shall be applied in the order of the oldest liability first, with the
payment credited first toward any accrued penalty, then to interest, then to the underlying
tax until the payment is exhausted. Crediting of a payment toward a specific reporting
period will be first applied against any accrued penalty, then to interest, then to the
underlying tax. If the Director, in his or her sole discretion, determines that an alternative
order of payment application would be in the best interest of the City in a particular tax or
factual situation, the Director may order such a change. The Director may establish
shorter reporting periods for any seller if the Director deems it necessary in order to
insure collection of the tax. The Director also may require additional information in the
return relevant to payment of the liability. When a shorter return period is required,
penalties and interest shall be computed according to the shorter return period. Returns
and payments are due immediately upon cessation of business for any reason. All taxes
collected by sellers pursuant to this chapter shall be held in trust for the account of the
City until payment is made to the Director. A separate trust bank account is not required
in order to comply with this provision.
D. Every seller required to remit the tax imposed in this chapter shall be entitled to retain
five percent (5%) of all taxes due to defray the costs of bookkeeping and remittance.
E. Every seller must keep and preserve in an accounting format established by the Director
records of all sales made by the dispensary and such other books or accounts as may be
required by the Director. Every seller must keep and preserve for a period of three (3)
years all such books, invoices and other records. The Director shall have the right to
inspect all such records at all reasonable times.
SECTION 4.38.060 Penalties And Interest.
Ordinance No. Page 3 of 7
A. Any seller who fails to remit any portion of any tax imposed by this chapter within the
time required shall pay a penalty of ten percent (10%) of the amount of the tax, in
addition to the amount of the tax.
B. Any seller who fails to remit any delinquent remittance on or before a period of 60 days
following the date on which the remittance first became delinquent, shall pay a second
delinquency penalty of ten percent (10%) of the amount of the tax in addition to the
amount of the tax and the penalty first imposed.
C. If the Director determines that the nonpayment of any remittance due under this chapter
is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be
added thereto in addition to the penalties stated in subparagraphs A and B of this section.
D. In addition to the penalties imposed, any seller who fails to remit any tax imposed by this
chapter shall pay interest at the rate of one percent (1%) per month or fraction thereof on
the amount of the tax, exclusive of penalties, from the date on which the remittance first
became delinquent until paid.
E. Every penalty imposed, and such interest as accrues under the provisions of this section,
shall become a part of the tax required to be paid.
F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty
provisions in paragraphs A and C of this section shall be distributed to the City of
Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax.
G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived
pursuant to AMC 2.28.045D.
SECTION 4.38.070 Failure To Report and Remit Tax -Determination of Tax by
Director.
If any seller should fail to make, within the time provided in this chapter, any report of the
tax required by this chapter, the Director shall proceed in such manner as deemed best to
obtain facts and information on which to base the estimate of tax due. As soon as the Director
shall procure such facts and information as is able to be obtained, upon which to base the
assessment of any tax imposed by this chapter and payable by any seller, the Director shall
proceed to determine and assess against such seller the tax, interest and penalties provided
for by this chapter. In case such determination is made, the Director shall give a notice of the
amount so assessed by having it served personally or by depositing it in the United States
mail, postage prepaid, addressed to the seller so assessed at the last known place of address.
Such seller may make an appeal of such determination as provided in section 4.34.080. If no
appeal is filed, the Director's determination is final and the amount thereby is immediately
due and payable.
SECTION 4.38.080 Appeal.
Any seller aggrieved by any decision of the Director with respect to the amount of such tax,
interest and penalties, if any, may appeal pursuant to the Administrative Appeals Process in
AMC 2.30.020, except that the appeal shall be filed within 30 days of the serving or mailing
of the determination of tax due. The hearings officer shall hear and consider any records and
evidence presented bearing upon the Director's determination of amount due, and make
findings affirming, reversing or modifying the determination. The findings of the hearings
officer shall be final and conclusive, and shall be served upon the appellant in the manner
Ordinance No. Page 4 of 7
prescribed above for service of notice of hearing. Any amount found to be due shall be
immediately due and payable upon the service of notice.
SECTION 4.38.090. Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than
once, or has been erroneously collected or received by the City under this chapter, it may
be refunded as provided in subparagraph B of this section, provided a claim in writing,
stating under penalty of perjury the specific grounds upon which the claim is founded, is
filed with the Director within one year of the date of payment. The claim shall be on
forms furnished by the Director.
B. The Director shall have 20 calendar days from the date of receipt of a claim to review the
claim and make a determination in writing as to the validity of the claim. The Director
shall notify the claimant in writing of the Director's determination. Such notice shall be
mailed to the address provided by claimant on the claim form. In the event a claim is
determined by the Director to be a valid claim, in a manner prescribed by the Director a
seller may claim a refund, or take as credit against taxes collected and remitted, the
amount overpaid, paid more than once or erroneously collected or received. The seller
shall notify Director of claimant's choice no later than 15 days following the date
Director mailed the determination. In the event claimant has not notified the Director of
claimant's choice within the 15 day period and the seller is still in business, a credit will
be granted against the tax liability for the next reporting period. If the seller is no longer
in business, a refund check will be mailed to claimant at the address provided in the claim
form.
C. No refund shall be paid under the provisions of this section unless the claimant
established the right by written records showing entitlement to such refund and the
Director acknowledged the validity of the claim.
SECTION 4.38.100 Actions to Collect.
Any tax required to be paid by any seller under the provisions of this chapter shall be deemed
a debt owed by the seller to the City. Any such tax collected by a seller which has not been
paid to the City shall be deemed a debt owed by the seller to the City. Any person owing
money to the City under the provisions of this chapter shall be liable to an action brought in
the name of the City of Ashland for the recovery of such amount. In lieu of filing an action
for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can
submit any outstanding tax to a collection agency. So long as the City of Ashland has
complied with the provisions set forth in ORS 697.105, in the event the City turns over a
delinquent tax account to a collection agency, it may add to the amount owing an amount
equal to the collection agency fees, not to exceed the greater of fifty dollars ($50.00) or fifty
percent (50%) of the outstanding tax, penalties and interest owing.
SECTION 4.38.110 Violation Infractions.
A. All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation
of this chapter for any seller or other person to:
1) Fail or refuse to comply as required herein;
2) Fail or refuse to furnish any return required to be made;
3) Fail or refuse to permit inspection of records;
Ordinance No. Page 5 of 7
4) Fail or refuse to furnish a supplemental return or other data required by the Director;
5) Render a false or fraudulent return or claim; or
6) Fail, refuse or neglect to remit the tax to the city by the due date.
B. Violation of subsections 1, 2, 3, 4 and 6 shall be considered a Class I violation. Filing a
false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC
1.08. The remedies provided by this section are not exclusive and shall not prevent the
City from exercising any other remedy available under the law, nor shall the provisions
of this ordinance prohibit or restrict the City or other appropriate prosecutor from
pursuing criminal charges under state law or City ordinance.
SECTION 4.38.120 Confidentiality.
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee
or agent to divulge, release or make known in any manner any financial information
submitted or disclosed to the City under the terms of this chapter. Nothing in this section
shall prohibit:
A. The disclosure of the names and addresses of any person who is operating a licensed
establishment from which marijuana is sold or provided; or
B. The disclosure of general statistics in a form which would not reveal an individual
seller's financial information; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of any criminal or civil claim by the Director or an appeal from the Director
for amount due the City under this chapter; or
D. The disclosure of information when such disclosure of conditionally exempt information
is ordered under public records law procedures; or
E. The disclosure of records related to a business' failure to report and remit the tax when
the report or tax is in arrears for over six months or the tax exceeds five thousand dollars
($5,000). The City Council expressly finds and determines that the public interest in
disclosure of such records clearly outweighs the interest in confidentiality under ORS
192.501(5).
SECTION 4.38.130 Audit of Books, Records or Persons.
The City, for the purpose of determining the correctness of any tax return, or for the purpose
of an estimate of taxes due, may examine or may cause to be examined by an agent or
representative designated by the City for that purpose, any books, papers, records, or
memoranda, including copies of seller's state and federal income tax return, bearing upon the
matter of the seller's tax return. All books, invoices, accounts and other records shall be
made available within the City limits and be open at any time during regular business hours
for examination by the Director or an authorized agent of the Director. If any taxpayer
refuses to voluntarily furnish any of the foregoing information when requested, the Director
may immediately seek a subpoena from the Ashland Municipal Court to require that the
taxpayer or a representative of the taxpayer attend a hearing or produce any such books,
accounts and records for examination.
SECTION 4.38.140 Forms And Regulations.
A. The Director is hereby authorized to prescribe forms and promulgate rules and
regulations to aid in the making of returns, the ascertainment, assessment and collection of
Ordinance No. Page 6 of 7
said medical marijuana tax and in particular and without limiting the general language of this
chapter, to provide for:
1) A form of report on sales and purchases to be supplied to all vendors;
2) The records which sellers providing marijuana and marijuana-infused products are to
keep concerning the tax imposed by this chapter.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savings. Notwithstanding any amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "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 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2014,
and duly PASSED and ADOPTED this day of , 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 7 of 7
CITY OF
ASHLAND
Memo
DATE: June 25, 2014
TO: Mayor and City Council
FROM: Dave Kanner, city administrator
RE: Economic analysis of a marijuana tax
At its May 19, 2014, study session, the Council requested an economic analysis of a tax on
marijuana in Ashland. As I and other staff began researching this, we almost immediately ran
into an insurmountable hurdle. That is, there is virtually no reliable or verifiable baseline data
upon which to base assumptions and projections. The state of Washington has not yet begun
retail sales of marijuana and Colorado's experience with retail sales of recreational marijuana is
too new to have compiled the kind of data that could be useful in this exercise. Staff did contact
a number of Colorado cities that began taxing medical marijuana in 2010 and has incorporated
some of that information in this analysis. However, nearly all of what's presented here is
guesswork. The amount of revenue that could be generated and the number of people who might
be impacted is unknowable.
To do an economic analysis such as this, we must begin with an understanding of the price of the
commodity in question, the potential market demand, the different forms in which the
commodity is sold and government or market pressures that can influence each of these. A
discussion of each follows:
1. Price.
Medical marijuana is unregulated in terms of price. Under Oregon law, dispensaries (or a
grower selling directly to a medical marijuana cardholder) are allowed only to recover the cost of
the marijuana being sold. However, those costs are unregulated and as a result the price of
marijuana can vary widely. According to one former dispensary owner in Ashland, the price of
an ounce of medical marijuana can range from $130 to $420. Variations in price relate to the
quality of the marijuana being sold (whether it contains leaves and stems or is more finely
processed marijuana "buds"), whether it is grown indoors or outdoors, the overhead of the
dispensary and the time of year during which it is sold. According to the web site
"priceofweed.com," the average retail price of high quality medical marijuana in Oregon is
currently $209.65 an ounce.
However, medical marijuana users will usually purchase quantities smaller than an ounce. An
OMMP cardholder will typically purchase four grams of marijuana (one-seventh of an ounce) for
roughly $45. How long this quantity will last depends on the medical condition for which it is
being purchased. For instance, a patient with stage 4 Parkinson's Disease will, according to the
~r,
former dispensary owner interviewed for this analysis, use that much marijuana in just a couple
of days. Another patient with a less serious condition might use that much in two weeks.
According to the Oregon Health Authority's Office of Medical Marijuana Programs (OMMP),
the most common condition for which medical marijuana is prescribed is "severe pain." The
second most common condition is "Persistent muscle spasms, including but not limited to those
caused by multiple sclerosis." Patients may be suffering from more than one diagnosed
qualifying medical condition. We could not find and are not aware of any medical marijuana
user demographic profiles or data on how much money is spent by medical marijuana patients
with different kinds of conditions.
What's more, many medical marijuana cardholders do not purchase marijuana per se but instead
purchase oils, tinctures or marijuana-infused edibles. The variation in price for these items is
even greater than the variation in price for marijuana. Again, we could not find and are not
aware of any medical marijuana user demographic profiles or data on who uses which products
or in what quantity or how much money is spent by different kinds of medical marijuana
patients.
For purposes of this analysis, we assume that, on average, a medical marijuana patient spends
$45 per week ($2,340 per year) for marijuana or some other marijuana derivative or marijuana-
infused product. It is further assumed that these prices and purchasing patterns will carry
through to a recreational marijuana market, should it be legalized. Therefore, it is assumed that a
typical recreational marijuana user would also spend an average of $2,340 per year on marijuana.
2. Market Demand
There is no way of reliably determining what the potential number of customers for either
medical marijuana or recreational marijuana might be in Ashland.
According to the OMMP, there are 6,882 OMMP cardholders in Jackson County. There is no
way of knowing how many of them are growing their own marijuana, how many are paying a
grower directly and how many are purchasing marijuana from a dispensary. There is also no
way of accurately predicting how many of them who are not currently doing so would purchase
from a dispensary if one was readily available to them.
Given the efforts of other cities in the Rogue Valley to prohibit dispensaries, it can reasonably be
assumed that a dispensary or dispensaries in Ashland would attract a relatively large portion of
the available market. Again, however, there's no way of accurately predicting what that number
would actually be. For purposes of this analysis, we assume that dispensaries in Ashland would
serve a client base numbering 1,000.
As regards recreational marijuana, according to a Pew Research Center Study published in 2013,
48% of all American adults have tried marijuana and 12% had used it in the prior year. If 12% of
all Jackson County residents age 21 or older are marijuana users, that would be 18,120 people.
Subtracting from that number the 6,882 OMMP card holders, we can guess that there would be
11,238 potential recreational marijuana customers in Jackson County alone. Given the measures
that many of our neighboring cities have gone to in order to prevent marijuana sales in their
communities, it may be fair to assume that a retail recreational marijuana outlet in Ashland
Ir,
would attract a significant portion of that market. Again, it's impossible to know how many of
those recreational users would grow their own marijuana or continue to purchase on the black
market. We also have no way of knowing if Ashland would attract "marijuana tourists" from
California and Nevada. (Marijuana tourism has boomed in Colorado since that state began legal
retail sales of recreational marijuana.) For purposes of this analysis, we disregard the tourism
aspect and assume (perhaps too generously) that one-third of the potential customer base in
Jackson County would purchase its marijuana at Ashland retail outlets, thus creating a customer
base of 3,709.
3. Colorado's local government taxation experience
Little on-the-ground experience is available to inform the discussion of the economics of
marijuana taxation. In Oregon, Gold Hill began taxing medical marijuana earlier this year,
imposing a 5% gross receipts tax on medical marijuana. That tax became effective June 2, 2014,
and the city has not yet collected any revenue from the tax.
Eleven Colorado cities have ordinances in place that tax sales of medical marijuana, however,
few of the eleven actually have medical marijuana dispensaries. As such, there is very little
experience to be drawn upon from Colorado. Fifteen Colorado cities have adopted ordinances
that tax the retail sale of recreational marijuana. Again, the majority of those cities do not have
any retail marijuana outlets. There is a statewide tax on medical marijuana sales that is shared
with counties. Through the second quarter of FY '14, that sales tax had generated about $6
million or $1.00 per capita. (Click here to link to the Colorado Department Revenue's Marijuana
Tax Data page. Note that this page does not provide information about local taxes or individual
cities' tax collections. Inc. Magazine and Forbes Magazine have also run recent articles on
marijuana-related tax collections in Colorado, although neither magazine offers any statistics
related to local sales taxes.)
The City of Boulder, CO (pop. 10 1,808), has collected $335,697 in FY '14 medical marijuana
sales taxes through April. Boulder began collecting taxes on the retail sale of recreational
marijuana in February 2014 and through April had collected just under $254,000. Boulder
imposes a sales tax of 3.56% on medical marijuana and 7.06% on recreational marijuana.
The City of Denver, CO (pop. 634,265), collected $1,222,405 from its 7.12% sales tax on
recreational marijuana in January and February of 2014 (the only months for which statistics are
available). The City collected $1,042,099 from its 3.62% sales tax on medical marijuana during
that same time period. There are 216 medical marijuana dispensary licensees and 89 recreational
marijuana retail licensees, with considerable overlap between the two groups. It is unknown how
many of these licensees are actually operating.
4. Potential revenues and impacts
As explained above, it is virtually impossible to reliably predict price, demand, customer counts,
market elasticity, competitive pressures, governmental actions or any of the other factors that
could influence this kind of analysis. However, using the assumptions described above and
owwr,
further assuming a gross receipts tax of 5% on medical marijuana and 10% on recreational
marijuana as proposed, we can derive the following:
Avg. Ann'l Individual Gross Tax due @
Customers Expense cost ST°ax @ Receipts 5%*
Medical marijuana 1,000 $2,340 $117 $2,340,000 $111,150
Individual
cost: Tax @ Tax due @
10%
10%
Recreational marijuana 3,709 $2,340 $234 $8,679,060 $824,511
TOTAL NET TAX
$935,661
REVENUE:
*Tax due figures are net of seller retainage.
Again, because of the many, many variables that we cannot reliably predict, actual amounts
could differ significantly from those shown in this table.
I`,
CITY F
-ASHL ND
Council Communication
August 5, 2014, Business Meeting
Second Reading of Ordinance Amending AMC Chapter 2: Rules of City Council;
Uniform Policies and Operating Procedures for Advisory Commissions and
Boards; Recreation Commission; Conservation Commission; and Certain
Administrative and Operating Departments
FROM:
David H. Lohman, City Attorney, lohmand@ashland.or.us
SUMMARY
The City Council, at its business meeting on March 4, 2014, approved the first reading of an ordinance
intended to capture Council discussions at study sessions on December 2, 2013 and January 7, 2014,
and requested some additional amendments. At the March 4 meeting, Council discussed and
informally agreed to a number of changes to the version of the ordinance presented for first reading but
did not formally amend that version. The revised version of the ordinance presented for second
reading does incorporate those changes, and each of them that is substantive must be read aloud prior
to seeking approval of the revised version on second reading. Differences between the two versions of
the ordinance are indicated by highlighting in the version attached hereto for second reading.
BACKGROUND AND POLICY IMPLICATIONS:
At several meetings over the past year, Council has discussed various conceptual changes to the
procedural rules for Council meetings and to the policies and operating procedures for advisory bodies.
The proposed ordinance update shows proposed ordinance revisions intended to reflect the sense of the
Council during those discussions.
Some of the proposed changes are simple housekeeping revisions: non-substantive updates,
corrections, clarifications or re-orderings. Other proposed changes that are substantive or that may not
have unanimous Council support or that could cause controversy are briefly described below, opposite
their proposed new Code sites. If the subject of a provision is already addressed in the current Code
and has been moved to a new site, the current Code site is shown in brackets.
• 2.04.010E Specifies when a motion to suspend the rules is permissible
• 2.04.010F Clarifies role of parliamentarian and presiding officer in responding to
questions about meeting procedures and rulings of the presiding officer [see
current 2.04.020L]
• 2.04.02013 Requires notice of Special Meetings 72 hours in advance, instead of 36.
• 2.04.020C Specifies actions Council may take at study sessions
Page I of 4
~r,
CITY OF
ASHLAND
• 2.04.020D1 Clarifies process for objecting to consideration of a matter in executive
session
• 2.04.020F Requires notice for all meetings except emergency meetings at least 72 hours
in advance, instead of 36 hours [see current 2.04.020*]
• 2.04.030B&C Clarifies procedure for a Councilor to add any item to a future meeting's
agenda
• 2.04.030E3 Clarifies disposition of scheduled agenda item not concluded
• 2.04.040B Allows for possibility that a Councilor may attend a meeting by electronic
means upon suspension of rules.
• 2.04.040C2 Adds certain limitations on Council deliberations [see current 2.04.020K]
• 2.04.040C3 Requires Councilors to refrain from addressing remarks to the audience, adds
examples of disruptive behavior, and clarifies possible responses to
disruptive conduct in Council meetings [see current 2.04.040A]
• 2.04.040C4a-1 Provides streamlined procedures for managing meetings and making
motions; replaces Roberts Rules except for situations not addressed in the
proposed new rules
• 2.04.040C4b Clarifies when a speaker may be interrupted and the process for dealing with
overuse of such interruptions.
• 2.04.040C6a Allows Councilor to be excused from voting upon approval by majority vote.
Makes a Council member's refusal to vote count as a negative vote [see
current 2.04.0201]
• 2.04.040C6b Requires an affirmative vote of at least four Councilors to pass measures
required to be decided by a two thirds vote [see current 2.04.0201]
• 2.04.040C7 Clarifies when reconsideration can occur [see current 2.04.020J]
• 2.04.050 Allows State of the City address to be presented at any regular meeting in
January of each year. Changes order of business so that Public Forum takes
place before consideration of the Consent Agenda unless altered by the
presiding officer or suspension of rules
• 2.04.050132 Clarifies that a Councilor may request that any matter discussed in Public
Forum be placed on a future Council agenda [see current 2.04.070]
• 2.04.050D4 Establishes preference for Ashland residents during Public Forum
• 2.04.050F 1 Allows Council by two-thirds vote to extend public hearings to as late as 9:45
PM
• 2.04.050G Allows clarifying staff or public testimony to be taken on a consent agenda
item without formally pulling the item from the consent agenda
• 2.04.090A Clarifies distinctions between appointed and non-appointed commissions and
between regular and ad hoc advisory bodies
• 2.04.090C Requires considering possible appointment of replacement member of regular
advisory body before reappointing existing member to more than two full
terms
Page 2 of 4
CITY OF
-ASHLAND
• 2.04. 10013 Relaxes attendance requirements for Council Liaisons to advisory bodies
• 2.04.110A3&4 Provides guidance to Council members serving as City Representatives to
external organizations when called upon to vote on matters potentially
impacting the City
• 2.04.110A5 Clarifies ethical obligations of Council member serving as City
Representatives to external organizations
• 2.10.020 Sets terms of service for most advisory body members
• 2.10.02513 Clarifies meeting attendance requirements for members of advisory bodies
• 2.10.025C Establishes advance notice requirements when advisory body member will
not attend scheduled meeting
• 2.10.025D Disallows alternates for members of the advisory bodies, except appointed by
outside entity
• 2.10.025E Requires advisory body attendance reports
• 2.10.040 Clarifies what should occur when a quorum of an advisory body is not in
attendance at a duly noticed meeting
• 2.10.050 Specifies when advisory bodies should elect officers and limits tenure of
chair and vice chair to no more than three consecutive annual terms
• 2.10.060 Requires timely preparation and posting of advisory body agendas and
minutes
• 2.10.105 Clarifies expectations for reports to Council about advisory body activities
• 2.10.110 Clarifies circumstances under which advisory board members may speak for
the City or the advisory board in external forums.
• 2.11.015 Modifies termination date of terms of certain Municipal Audit Commission
members
Attachment 1 presents draft language intended to articulate three additional concepts which individual
Councilors suggested at the March 4 meeting and for which support of a majority of Councilors was
not then evident. In the body of the draft ordinance, asterisks in brackets corresponding to the
bracketed asterisks in Attachment 1 indicate where those provisions might be inserted.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
The Council approved the first reading of the ordinance updates at its regular meeting on March 4,
2014, and suggested changes for inclusion in the second reading. Staff recommends Council approve
second reading of the ordinance updates as amended to incorporate those changes and any other
amendments approved by Council.
Page 3 of 4
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to approve the second reading of an ordinance titled, "An Ordinance amending AMC Chapter
2: Rules of City Council, Uniform Policies and Operating Procedures for Advisory Commissions and
Boards, Recreation Commission; Conservation Commission, and certain Administrative and Operating
Departments" as amended and adopt the ordinance.
ATTACHMENTS:
• Proposed Ordinance Amending AMC Chapter 2
• Attachment 1: Councilor-Suggested Additions
Page 4 -f A
F`,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 2: RULES OF CITY
COUNCIL, UNIFORM POLICIES AND OPERATING PROCEDURES FOR
ADVISORY COMMISSIONS AND BOARDS, RECREATION
COMMISSION; CONSERVATION COMMISSION; AND CERTAIN
ADMINISTRATIVE AND OPERATING DEPARTMENTS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through 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, revisions to some of the Council meeting procedures currently in effect can reduce
procedural uncertainties and facilitate efficient conduct of Council meetings;
WHEREAS, permitting certain types of decisions to be made at Council Study Sessions will
make Study Sessions more productive;
WHEREAS, various members of City Council and of City boards and commissions have
requested clarifications of the Uniform Policies and Operating Procedures for Advisory boards
and commissions;
WHEREAS, the staff liaison to the Conservation Commission is no longer the Electric Utility
Director; and
WHEREAS, the existing City code provisions concerning the functions of certain administrative
and operating departments need to be updated to reflect current practices.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2 is hereby amended as follows:
Section 2.04.010 Authority.
A. Oregon Revised Statutes, Tthe
~P,al--C tef of the City Ashland City Charter,
Miele N'111 Seetien-3-, and the Ashland Municipal Code as well the Oregon Revised
Statutes governs marry the meeting requirements and actions of the Council.
Ordinance No. Page 1 of 28
B. These operating policies and procedures are established and adopted under the authority
granted in the Ashland City Charter, Article VIII, Section 3.
C. Robert's Rules of Order Newly Revised shall be the authority for deciding any
questions on meeting requirements and actions not covered by the rules in AMC 2.04 or
Oregon Revised Statutes.
D. Failure to strictly follow the rules in AMC 2.04 or Robert's Rules of Order Newly
Revised shall not be cause to void or otherwise disturb a decision or action of the Council.
E. Charter provisions may be suspended or repealed only by a vote of the people The
rules on meeting procedures in Robert's Rules of Order Newly Revised and in the Ashland
Municipal Code provisions listed below may be suspended temporarily upon a motion that
is seconded and passed by a two-thirds vote in favor. Such a motion is not debatable or
amendable.
1. AMC 2.04.020A (Regular Meeting days and times)
2. AMC 204.020C (Study Session days, times, and content)
3. AMC 2.04.040B (Attendance by electronic communication)
4. AMC 2.04.040C.4 (Parliamentary procedure)
5. AMC 2.04.050D.1 (Placement of Public Forum in agenda)
6. AMC 2.04.050G.1 (Opportunity for public comment on agenda items)
7. AMC 2.04.050J.1 (Submittal of ordinances 14 days in advance of meeting)
F. The City Attorney is designated as parliamentarian for the Council Council members'
requests for information and on meeting requirements or possible Council actions may be
referred to the City Attorney through the presiding officer for interpretation After taking
into account any opinion of the City Attorney, the presiding officer must rule on questions
about meeting requirements or possible Council actions A ruling of the presiding officer
may be challenged by a point of order as set forth in AMC 2 04 040C4 b (1)
Section 2.04.020 Meetings.
A. Regular Meetings.
The regular sessions of the Council are on the first and third Tuesday of each month unless
otherwise arranged, beginning at 7:00 p.m. Meetings are required to end no later than 10:30
p.m.
B. Special Meetings.
A Special Meeting may be called either by the Mayor or two members of the Council.
Notice of the time and place of such Special Meeting and the subjects to be acted upon shall
be delivered to all members of the Council at least 36 72 hours in advance of the time of the
meeting, except in the case of an emergency, and the Council may consider and act only
upon such matters as contained in the notice.
C. Study Sessions.
Ordinance No. Page 2 of 28
The Mayor- or two members of the Couneil may eall a study session at any time with 36
hour- notiee the purpose of informing members of the Couneil as to City affairs.
Study sessions are held so that Couneil ean eonfer- with staff and other experts on items
deliberate towards a deeision but ean give staff direetion to prepare materiais for ft
regular Couneil meeting.-
Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask
questions, discuss options, express their individual views on matters that may be voted
on in subsequent Regular or Special Meetings; and to provide guidance to staff. The
Council may vote in Study Sessions on guidance to staff concerning matters to be
presented to Council for decision at subsequent meetings By consensus, the Council
also may direct staff to take action on other matters that do not require Council
decision by ordinance or resolution. No particular cases involving quasi-iudicial
decisions may be discussed at Study Sessions
1*1
Study sessions shall begin at 5:30 p.m. on the first and third Monday of each month
unless otherwise arranged, but shall not be held on national holidays The Mayor or
two Councilors may call a Study Session at any time with 72-hours advance notice
D. Executive Sessions.
1. All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to
192.690). These purposes include, but are not limited to, the employment and dismissal of
public employees, the performance evaluation of the City Administrator and City Attorney,
labor negotiations, real property transaction negotiations, and consulting with legal counsel
on pending or threatened litigation. -C one lors feel do not feel that should an item be in exeentive JJ1V11 they
should state At any time during
an executive session, a Councilor who feels a matter under consideration should be
addressed exclusively in open session may state a point of order, which shall be ruled
upon in the executive session as set forth in AMC 2 04 040C 4 b (1).
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
will act in accordance with State law regarding confidentiality of information discussed in
Executive Sessions.
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. if it oes
not so , tThe proceedings may be reported if no such statement is made.
E. Emergency Meetings.
Ordinance No. Page 3 of 28
The City Administrator is responsible for implementation of the Emergency
Management Plan. When the City Administrator determines that a state of emergency
exists, the administrator will make a declaration to that effect and request the Mayor to
call an emergency meeting of the Council in order to ratify the declaration of
emergency. The emergencv meeting of the Council will occur as soon as possible after
the declaration of emergency. A quorum of the Council may not be possible due to
emergency circumstances and is not required for this emergency meeting
Notwithstanding the advance notice requirements in Section 2.04.020B, D and F, notice
of the emergencv meeting can be made in the most expedient manner determined by the
Mayor and need not be 72 hours in advance, but notice of the emergency Special
Meeting must be given at least 24-hour in advance if feasible In any case, minutes of
any emergency meeting must meet the requirements of ORS 192 640(3) and 192.650.
RF. Notice of Meetings.
Advance notice of at least X72 hours shall be provided for all meetings, except for
emergency meetings. Notice shall be sent to a newspaper with general local circulation and
posted prominently on the City's Web site website. In the case of an emergency or when a
state of emergency has been declared, public notice appropriate to the circumstances shall be
provided and reasons justifying the lack of 3672-hour notice shall be included in the minutes
of such meeting.
Y . Quor-unr
question, As provided in Ar-fiele N7111, Seetion 4 of the City Char-ter-, the Mayor and not less than
three Couneilor-s, or four Couneilor-s, eonstitute a quorum. A simple majority of th-e
quor-um present determines the netion on any motion, >
resolution. On questions requiring a two thir-ds vote of the Couned, as provided in th-e
City Char-ter-, there shfill be required an 0fir-mative vote of at least four- Couneflor-s to
. - __--y sueh spece-tal powers. if the r-oll eall shows no quorum present, as defined
dir-eet the Chief of Poliee to notify the absent members, exeept those known to be
unavoidably detained, that their- presenee is required to enable the Couned to pr-oeeed
with business. Should any t en fail soon to appear, the members present shall adjourn
to n date fixed by them an all agenda items will be eontinued to the next Regula
Meeting.
G. Emet b ✓ Meeting Pr-oeedures and Quorum.
The City Administrator- is responsible for- implementfition of the EmeiFgeney
Management Plan. When the Cib, Administrator- deter-mines that a state of entefgerrey
exists, the administrator- will make a deelaration to that effeet and request the Mayor- to
The speeial meeting of the Couneil will oeeur- as soon as possible after- the deelar-fition o
emer-geney. A quorum of the Couneil may not be possible due to emer-geney
ean be made in the most expedient fminner- deter-mined by the .__1 or- and need not be
36 hour-s in advanee.
Ordinance No. Page 4 of 28
H. Robert' s Rules of Or-der,
Robert' s Rules of Order- shall be the authority for- the gover-nment of the Couneil
during its sessions, when not in eonfliet with the City Charter- and these eode rules.
Failure to stvietly follow Robert' s Rules of Order- shall not be eause to void o
i-n- its pi'oeeedings:
Voting,
When a question or- motion is put to avote by the ehair-, eaeh member- present shall vote
for- or against the motion unless the Couned exeuses that member- from so doi"g. if
thereafter- the Mayor- or- any member- ealls for- a r-oll eall vote, then eneh member- must.
vote. The Mayor ean onlyvote in the ease of a tie, and then is required .
I Reeons;der-in g a Vote.
A motion to r-eeonsider- a vote ean be made only onee and at the session at whieh the
motion or- matter- was adopted, or- at the next r-egular- meeting of the
that no vote to r-eeonsider shall be made afteir the or-dinanee, resolution, or- net has been
offieially r-eeor-ded, filed or- transmitted or- othefwise gone out of the possession of th
Couneil.
K. Couneil Deliber-fitior
it is the duty of the Mayor- or- presiding offieer- to ensure that eaeh Conned member- has
the opportunity to speak. Couneilors should ask the Mayor- to be r-eeognized. No
member- shall speak more than onee until eveiFy member ehoosing to speak shall hav-e
spoken or- waived their right to do so. No member- shall speak. twiee on a motion on the
floor- without leave of the Mayor- or- presiding offieer,
Couneil members spealk only for- themselves and shall be open, direet and eandid. They
•-k to keep diseussion moving, d-^eall for- te-"proeess cheek "~-i he dis--...9n
beeomes bogged down. Time limits may he welf-Ioun topies 11-Y the Mayor, by the pr-esmiding
of_fi_eer, or by eonsl.nsus of the r
Limitj c-Attorney
Parliament zn-izair.
The City Attorney is-designate" ---I:-mein -ian f
for- interpretation. The final ruling r-ests with the pr-es:.-'-:--.,g,, offieer,
Section 2.04.030 Agendas.
The City Administrator is responsible for the preparation of the Council agenda.
A. Agenda Guidelines for Regular Meetings Topics will be added to a Council agenda based
on timeliness of the topic and with consideration of the number of items already scheduled
for the Council. Matters to be considered by the Council shall be placed on an agenda to be
prepared by the City Administrator from the following:
Ordinance No. Page 5 of 28
1. All items considered by the Council during Study Sessions, which require a subsequent
offieial netion from the Council vote.
2. All items which are required by law or policy to be presented to the Council.
3. All other items that the City Administrator, City Attorney or Mayor present to the
Council for action or information.
4. Items placed on the agenda in accordance with paragraphs B and C of this Section.
5. Requests of City Boards, Commissions, and Committees.
B. Agenda Additions by Councilors.
1. Aga Councilor may fegut--* place an item pfier- to initial Couneil diseus,io he
placed on the Council's agenda that does not invelve staff-, h au~
Y J 7 ui i~iaig-vi-z[ii
ordin provided-that preparing the matter for Council consideration would not
require more than two hours of staff time, including policy research and document
drafting. The Councilor shall notify the City Administrator of such an addition to the
agenda no later than noon of the Wednesday prior to the Council meeting. The City
Administrator shall determine the order of business of the item. The City Administrator may
request that the matter be deferred until a later meeting if the agenda of a particular meeting
is already lengthy. Council members will endeavor to have subjects and any materials they
wish considered submitted prior to finalization of the Council packet.
CL. 2. A Councilor who des °J Yh J feseareh and diseussion viaiuffi d
u
wants to add to the Council's agenda an item requiring more than two hours of
preparation by staff, including policy research and document drafting, should first raise
the issue propose the addition at a Regular Meeting under Other Business from Council
members or at a Study Session.
on the issue. The Getineilef may also r-equest that the diseussion of this item be fefmally
"du„v °v ° `vvit " B f this Seetiaii. The Council should
1 agenda consider itei:ns such additions to the Council agenda in light of City priorities, including
adopted City Council Goals, and workload. The Council must agree to proceed with an issue
or ordinance before staff time is spent preparing the matter for Council action. The
Councilor may present information or a position paper or ask for a department report or
committee recommendation. Councilors who agree that staff time can be spent on a
particular item are not bound to support the issue when it comes before the Council for a
vote.
DC. During a meeting. An-y topic may be added to an the agenda by a majority vote of the
Councilors present. Generally these items should be limited to items of timeliness or
emergencies. Advance notice of executive sessions, however, must be given as required
by State law.
RD. Postponing Agenda Items Before Consideration.
1. If a Councilor will be absent from an upcoming Regular Meeting, the Councilor may
request during a Regular Meeting that consideration of an agenda item be postponed to a
future Regular Meeting. The request will be honored if the majority of the Council votes
in favor of postponement and the matter is not time-sensitive.
Ordinance No. Page 6 of 28
2. If the request to postpone is made outside a regular Council meeting the Councilor
requesting the postponement shall submit a request to the Mayor or City Administrator in
writing or by email as early as possible. The request to postpone will be honored unless
the majority of the Council at the public meeting votes not to postpone the item or if the
matter is time-sensitive.
3. If time expires before the City Council can consider an item on the agenda including an
advertised item, the unaddressed item shall automatically be continued to the next
fegulafly seheduledffleeting of the ~ eil scheduled Regular Meeting or Studv
Session; re-advertisement shall not be required for such continued items. A note shall be
placed on the Agenda referencing this continuance rule: "Items on the Agenda not
considered due to time constraints are automatically continued to the next fegulafly
scheduled Regular Meeting or Study Session of the
Council. AMC 20.40.030.E."
EE. Council Packets.
Written materials, from Councilors, staff and citizens, which are related to agenda items to be
included in the Council packet, must be submitted to the City Administrator' s office no later
than 12:00 noon six days in advance of the Council meeting for which it is intended.
Materials submitted must include author's name and address.
GF. Study Session Agenda Preparation.
The City Administrator prepares the agenda for the Study Sessions from:
1. Items requested by the Mayor and members of the Council to be listed on the agenda.
2. Items deemed appropriate by the City Administrator.
3. Business from the Council pertaining to committee reports and other business.
4. Items requested by City Commissions, Committees or Boards.
G. Time Limits.
Items appearing on the Council Study Session agenda shall be assigned a time limit and the
Mayor shall hold discussion to within the time frame, unless the consensus of the Council is
to extend the time limit until an issue or item is discussed and resolved.
Section 2.04.040 Conduct of Meetings.
A. Quorum.
As provided in Article VIII, Section 4 of the City Charter, four Councilors, or the
Mayor and not less than three Councilors, constitute a quorum If the Council
members present do not constitute a quorum the members present may adiourn or a
maiority of the members in attendance may direct staff to notify the absent members,
except those known to be unavoidably detained, that their presence is required to
enable the Council to proceed with business
B. Attendance by Electronic Communication
Except in the event of a suspension of rules pursuant to AMC 2.04.010E, members of
the City Council may not attend or vote at public meetings by means of telephone or
other electronic communication. The rules on rneetinLi, procedures and Council actions
Ordinance No. Page 7 of 28
shall otherwise remain in effect notwithstanding any such suspension of rules to allow
for attendance by electronic communication.
AC. Council Deliberation.
1. Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall
preside be the presiding officer at the meetings of the City Council. In the absence of these
officers at any meeting, the Councilors present shall appoint a Chair Pro-Tem to serve
temporarily as presiding officer and proceed with the meeting. The Chair, ex°°11
Mayor-, may vote on nil motions other than presiding officer may not vote on appeals
from decisions made while acting as presiding officer. The Chair of the Council or Chair
Pro-Tem may vote on all other motions, but the Mayor may vote only as provided in
City Charter Article 4, Section 3.
The -presiding o freer shall be -responsible for- ensur-ing order- and deep
. itained. Comments and disagreements should be addressed to the topie at hand
and avoid negative personal remarks. Attendees and speakers are required to strietly
abide by the-direetions-of the presiding o€fteer. Behavior or retiens that are
unreasonabty loud or disr-uptive shall be eause for removal from Couned meetings.
Failure to abide by the presiding ,
assembly" lawful
as provided in ORS 166.025(i)(e). Disruptive behavior ineludes
violent or- distraefing aetion, making loud or- disruptive noise or usi g loud
or disruptive language, and refusing to obey an order of the presiding offieer. Signs are
not permitted and will be eonsidered disruptive-.
The presiding offieer may set time limits on agenda items.
2. Deliberation Rules. The presiding officer shall ensure that each Council member has
the opportunity to speak on each issue before the Council. Councilors must ask the
presiding officer to be recognized. Unless otherwise permitted by the presiding officer,
no member may speak more than once on an issue and may do so only after every other
member has spoken on or declined to address the issue. Time limits may be set on
topics by the presiding officer or by a consensus of the Council. Council members, as
well as members of the public speaking on Council agenda items, shall confine their
remarks to the question under deliberation avoid redundancy, speak only for
themselves, and make no negative personal remarks or comments about the motives or
personal traits of others.
1XX1
3. Decorum. The presiding officer shall be responsible for ensuring order and decorum
is maintained. Except by permission of the presiding officer, a Councilor shall address
any remarks to the Council, and not to the audience. Any person's failure to abide by
the presiding officer's instructions constitutes "disruption of a lawful assembly" as
provided in ORS 166.025(1)(c) and may be cause for the presiding officer, or a maioritv
of the Councilors, to direct a city official to remove the person from a Council meeting
Disruptive behavior includes engaging in violent, intimidating or distracting actions or
gestures, making loud or disruptive noise, using loud or disruptive profane language,
Ordinance No. Page 8 of 28
making negative personal remarks or comments about the motives or personal traits of
others, and refusing to obey an order of the presiding officer. Signs are not permitted
and will be considered disruptive. A direction or order of the presiding officer may be
challenged by a point of order as set forth in AMC 2.04.040C.4.b.(1).
4. Motions and Permissible Intervening Actions.
a. Councilor Actions During Debate. No motion or intervening action shall be
received or recognized by the presiding officer when a question is under debate,
except for the ten secondary motions and intervening actions listed below. The
disposition of any motion or action listed below must occur before consideration of
any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a
matter
(2) Motion to adjourn
(3) Withdrawal of a motion
(4) Motion to lay the matter on the table
(5) Motion to divide a motion under debate
(6) Motion to refer
(7) Motion to call for the previous question
(8) Motion to postpone to a certain time
(9) Motion to postpone indefinitely
(10) Motion to amend
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor
to raise a point of order if meeting protocol appears to have been broken.
The point of order must be addressed to the presiding officer and may not be
addressed directly to the speaker. The speaker must immediately cease
speaking, and the issue identified in the point of order must be resolved
before business continues. No second is required, and no debate is allowed
on the point of order. The presiding officer may seek clarification on the
point of order from its maker, from the speaker who had the floor when it
was made, or from the Parliamentarian. Before proceeding further, the
presiding officer must sustain or overrule the point of order or submit it to
Council decision by majority vote with no debate. A member who disagrees
with the presiding officer's decision to sustain or overrule a point of order
may move immediately following a ruling by the presiding officer to overturn
it. The motion to overturn a ruling on a point of order may not be debated,
and the presiding officer may not vote on it. Approval of the motion requires
a majority of affirmative votes; the motion fails in the event of a tie vote.
(2) Request for Information. Any member may interrupt a speaker who has
the floor to seek permission to make a request for information from the
speaker or from staff or invitees with expertise on the subject under
discussion. The request must be addressed to the presiding officer and may
not be addressed directly to the speaker. The speaker must discontinue
Ordinance No. Page 9 of 28
speaking until the request for information has been denied or satisfied No
second is required, and no colloquy is allowed on the request for information,
except to the extent specifically set forth herein. The information sought
must concern either the subject under discussion or meeting procedure rules
The presiding officer may ask the requestor for a statement of the nature of
the information sought. Neither a request for information nor a statement of
the nature of the information sought may contain statements of fact unless
they are necessary to make the request intelligible and must not contain
arguments. Upon inquiry from the presiding officer, the person who had the
floor when the request for information was made has sole discretion whether
to temporarily relinquish the floor to allow the requested information to be
provided. An obiection to apparently superfluous requests for information
may be made through 'a point of order.
(3) Obiection to Consideration of a Matter. A member who contends a
matter about to be discussed is irrelevant or for any other reason not
advisable to consider, may object to consideration of the matter. The
objection may be made before or after another member has been assigned
the floor, but only if debate has not yet begun and none of the motions in
AMC 2.04.040C.4.a. has been made. An objection to consideration of a
matter does not require a second and is not debatable or amendable
Immediately after the obiection is made, a vote on sustaining the obiection
must be taken. The obiection fails unless at least two-thirds of the
Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before
the Council when no other motion is pending. The actions listed in AMC
2.04.040C.4.a. may be undertaken while the main motion is pending and, if passed,
may affect the Council's consideration of the main motion A main motion requires
a second, is amendable and debatable, and passes upon a maiority vote in favor
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the
remaining unfinished business to the agenda of the next Regular Meeting or Study
Session. It requires a second, is not debatable or amendable, and passes upon a
majority vote in favor.
e. Withdrawal. A motion may be withdrawn by the mover at any time before an
amendment is made to it or, if no amendment is made, before a vote is taken on it
Withdrawal of a motion does not require a second, and debate of a proffered
withdrawal is not allowed.
L Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a
proposal to suspend consideration of a main motion and all pending related motions
until later in the same meeting in order to deal with another matter that has come
up unexpectedly and which must be dealt with before the pending motion can be
properly addressed. A motion to lay a matter on the table requires a second, is not
Ordinance No. Page 10 of 28
amendable or debatable, and passes upon a maiority vote Before the meeting
adjourns, a subsequent non-amendable, non-debatable motion may take the matter
from the table if seconded and passed by a majority vote in favor. If the meeting
adiourns without considering the tabled item, it will be continued to the next
Regular Meeting or Study Session in accordance with AMC 20 04 030E
g. Division of a Motion. Any member may move to split a motion under
consideration into two or more independent motions that are taken up in sequence
Each new motion is debated, possibly subjected to secondary motions, and voted
upon before taking up the next part. The mover may designate in the motion the
order in which the parts are considered. The motion requires a second, is
amendable, is not debatable, and passes upon a maiority vote in favor
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or
another bodv for further study and possible recommendations to the Council The
motion requires a second, is debatable and amendable, and passes upon a majority
vote in favor. Any proposed amendments to a main motion on the referred matter
that are pending at the time are also referred.
i. Previous Ouestion. A motion to call the previous question is a proposal to end
debate on a pending motion. It precludes all amendments and debate on the
pending motion until it is decided. The motion to call the previous question is not
debatable or amendable and requires a second and a two-thirds vote in favor
i. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a
particular future meeting, requires a second, is debatable and amendable, and
passes upon a majority vote in favor. One function of this motion can be to continue
consideration of an agenda item at a designated subsequent meeting
k. Postpone indefinitelv. A successful motion to postpone a matter indefinitely
prevents action on the matter for the rest of the meeting It must be seconded, may
be debated, may not be amended, and passes upon a majority vote in favor. The
debate may address the substance of the main motion A successful motion to
postpone a matter indefinitely does not preclude consideration of the matter at a
subsequent meeting if it is properly added to the respective agenda
1. Amendment. Any main motion and any amendment to a main motion may be
amended to add or omit words. A proposed amendment must be germane, must be
seconded, and is debatable if the motion to be amended is debatable The
amendment passes upon a majority vote in favor. Other amendments may also be
proposed, provided that they do not nullify the amendments already passed or
attempt to amend a motion to amend a motion to amend.
5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by
the presiding officer or the City Recorder.
Ordinance No. Page I I of 28
6. Voting.
a. When a question or motion is put to a vote by the presiding officer, each
Councilor present must vote for or against the motion unless a majority of the
Council excuses that Councilor from so doing. Unless excused from voting, a
Councilor who is present and does not vote for or against the motion shall be
counted as having cast a negative vote. The Mayor can only vote in the case of a tie,
and then is required to vote unless excused from voting by a majority of the
Councilors present. If the Mayor fails to vote when required to do, the Mayor shall
be counted as having cast a vote against the motion.
b. A simple maiority of the quorum present determines the action on ordinance, or
resolution and on most motions. On questions required by City Charter, City
Ordinances, or applicable provisions of Robert's Rules of Order Newly Revised to
be decided by a two-thirds vote of the Council, approval requires an affirmative
vote of at least four Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for
reconsideration before adiournment of the meeting at which the action was approved or
at the next Regular Meeting, unless the item already has been approved or vetoed by
the Mayor pursuant to City Charter Article 4, Section 3. The motion must be seconded,
is debatable if the action under reconsideration is debatable, is not amendable, and
passes upon a majority vote in favor. Any member may second a motion for
reconsideration. A motion to reconsider a Council action may be made only once. A
vetoed item may not be the subject of a motion for reconsideration.
Section 2.04.050 Order of Business at Regular Meetings.
The Mayor's State of the City address shall occur at a Regular Meeting in January of each year.
The Mayor or presiding officer may change the order of business on the agenda. The required
or-der of business has been established by ordinanee as folio The usual order of business
will be as follows:
A. Roll Call.
B. Approval of minutes of the previous meeting. If there are no corrections or objections to the
minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes
as approved shall be signed by the Mayor and City Recorder.
C. Special presentations, proclamations and awards. This item on the agenda is used to
acknowledge special recognition and awards given to the City or for the Mayor to announce
proclamations, which serve to encourage and educate the community. Proclamations shall be
made and placed on the agenda at the discretion of the Mayor. Requests for recognition
under this agenda item should be submitted in writing to the Mayor.
D. Public Forum.
Ordinance No. Page 12 of 28
1. Public forum is to precede the consent agenda unless public forum is moved to later
in the agenda of a particular meeting by decision of the Mayor or presiding officer
or by temporary suspension of the rules pursuant to Section 2.040 010E
2. Members of the public may speak during public forum about any topic not on the
agenda for the same meeting. The agenda for public forum is 15 minutes, unless a
maiority of the Council votes to extend the time. On behalf of the City, any
Councilor may request that any matter discussed during public forum be placed on
a future Council agenda.
3. Public forum is not to be used to provide or gather additional testimony or
information on a quasi-iudicial matter. Public testimony will not be accepted on a
matter subiect to a public hearing where the record has been closed if the matter is
still pending.
4. Persons wishing to speak during public forum are to submit a "speaker request
form" prior to the commencement of the public forum and deliver the form to the
City Recorder. The Mayor or presiding officer is to inform the audience on
requirements for submission of the form. When possible and feasible, preference
will be given the individuals who reside within the city limits of Ashland Persons
who do not reside in the City may be placed at the end of the list of those wishing to
speak at public forum.
DE. Consent agenda. Routine business items may be listed by the City Administrator under this
item, which shall be acted upon in its entirety, except that the Mayor or any member of the
Council may request that any item be moved to the regular agenda under the appropriate
section of business.
EF.Public Hearings
1. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by
the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s)
for- one half hou until 9230 p.m u to 9.45 .m. at which time the Council shall set a date
for continuance and shall proceed with t balance of the agenda.
I,n lo'.30-(M
2. Not more than two land-use appeal hearings shall be scheduled for any Regular Meeting
of the Council. The City Administrator may, in the administrator's discretion, schedule
additional legislative hearings depending on the anticipated length of the Council
meeting.
3. Persons wishing to speak at public hearings are to submit a "speaker request form" prior
to the commencement of the hearing and deliver the form to the City Recorder. The
Mayor or presiding officer is to inform the audience of this requirement to submit the
form prior to the commencement of the hearing. No testimony will be accepted on public
hearings that have been closed.
F. Publie For-ti
Ordinance No. Page 13 of 28
puhlie-foram ppor-tunity t } the publie to t items whieh are not.
ineluded on the agenda. The agenda for- publie forum is 15 minutes, unless ft majority
of the Co ..;1 votes to extendthe time. >
crer-sons Per-t9spozrirzcre ty-a-avl'rirrcZs
GG 7f prior- to the eommeneement of the forum and deliver the form
to theCity Reeor-d T1+ Mayor ~F ~ inform t a
J or presiding
ts for submission of the form.
MMembers of the nnhlie may aYnnul about any t N•e during th bli forum, unless t
r topie is indeed on the agenda for- the some meeting. if a member of the publie wishes to
k on an agenda item or publie hearing item they may do so at the time set aside foF
those topies-.
Publie forum is not to be used to provide or gather- additional testimony or- informatio"
. - the r-eeor-d has been elosed if the matter- is still pending.-
The Mayor will set time limits for people who ask to speak during publie -'-Fum. in
general the time limits should be set to enable all people who wish to eomplete their
testimony. Time limits shall not be so short as to not allow speaker-s to a dr-es.Q. flh.lpir
tie-.
possible When and feasible, or-efer-ene • will be given to individuals who reside within
the Ashland eity limits. Per-sons who do not reside i.m. the Cit-v mav be vlaeed. -at. the. efld
ofthe list. off Chose ♦♦lJlllllg to speak at v lie for-um.
G. Public Testimony on Agenda Items.
1. Members of the public who wish to speak on an agenda item that is not the subiect
of a public hearing at the same meeting (See Section F. above regarding public
hearing testimony) may do so at the time set aside for that agenda item If a
member of the public or a Council member has requested time to speak on a
consent agenda item, the presiding officer shall make time for a brief presentation
by the requestor prior to the Council's vote on the consent agenda
2. Persons wishing to speak on an agenda item are to submit a "speaker request form"
prior to Council consideration of the agenda item and deliver the form to the City
Recorder. The Mayor or presiding officer is to inform the audience on requirements
for submission of the form.
3. The presiding officer will set time limits for people who ask to speak on agenda
items. In general the time limits should be set to enable all people who wish to
present testimony. Time limits shall not be so short as to not allow speakers to
address their topics.
GH. Unfinished business.
141. New business.
IJ. Ordinances, resolutions and contracts.
Ordinance No. Page 14 of 28
-at Every ordinance is to be enacted in accordance with Article X of the City Charter.
Copies of the ordinance shall be e-mailed to Council members and the Mayor at least
fourteen days prior to the meeting. Council members may review the ordinance and
forward suggestions for changes to the City Attorney for consideration. Minor changes
may be incorporated, substantive changes will be considered at the time of first reading.
Any substantive changes to the ordinance must be verbally noted at first reading.
Council members must submit comments to the City Attorney no later than 12:00 noon
on the Wednesday prior to Council meeting.
Titles
Titles of lengthy or-din ~ will b Lengthy ordinances may be read by title only at
Council meetings if the Ordinance title has been published in the local paper at least
seven days in advance of the Council meeting thus allowing the o -dinanee to b d
by title only at the Couneil meeting.
b2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not
require a roll-call vote.
e3. The voting on all ordinances may be by roll-call vote and recorded in the minutes
showing those numbers voting for and those voting against.
JK. Other business from Council members.
Section 2.04.060 Identification of Fiscal Impact of Policy Decisions.
A. When the City Council adopts a program or policy, it shall indicate how it expects that
program or policy will be funded; e.g., which existing taxes or fees the Council expects to
increase and by how much, or which current City programs or department expenditures the
Council expects to reduce to fund the new program or policy. However, if the Council
cannot reasonably identify a potential funding source, it shall so indicate.
B. As used in this Section the term "program or policy with significant revenue implications"
includes an ordinance or a resolution in which implementation may entail expenditures in
any budget year in excess of one and one-half percent (1.5%) of the City's annual General
Fund budget, and which may require an increase to existing taxes or fees or an imposition of
new taxes or fees.
C. The provisions of this Section shall not apply to extraordinary expenditures in situations of,
or necessitated by, public emergencies.
Seefion 2.04.070 Rights of Citizens
Citizens y speak item net an the agen~ng publie-few e-i~Vll has the i t
111U T1~I
Ordinance No. Page 15 of 28
Section 2.04.080 Conduct with City Employees.
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
A. Councilors may make inquiries of staff to increase their understanding of an issue or action.
Councilors should limit requests for information from staff to questions that may be
answered with minimal research. Requests that require significant staff time or resources
(two hours or more) should be directed to the City Administrator and must be approved by
the Mayor, City Administrator, City Attorney or by a majority vote of the City Council.
B. Written information given by the Mayor, Councilors, City Administrator, City Attorney, or
City Staff, including materials requested by individual Councilors and the Mayor, generally
will be distributed to all Councilors with a notation indicating who has requested that the
information be provided.
C. Individual Councilors should respect the separation between policy-making and
administration. T2hey Councilors shall not pressure or direct City employees in a way that
could contravene the will of the Council as a whole or limits the options of the council. TUey
Councilors must not interfere with work performance, undermine the authority of
supervisors, or prevent the full eCouncil from having access to relevant information.
Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the
performance of the City Administrator or the City Attorney.
D. The Mayor and council members should strive not to criticize any person in a public meeting
or in public electronic mail messages. The same expectation applies to City staff in the
exercise of their official duties. Discussions and disagreements should focus on the content
of the topic at hand. Nothing should limit a Councilor or staff person' s right to report
wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express
that concern to the Mayor, City Administrator, City Attorney.
Section 2.04.090 Commissions and Boards..
A. Establishing Commissions 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. Establishment and description of the Recreation Commission, which is not an
appointed commission, is described in City Charter Article XXII and in AMC 2.16.
Advisory Commissions and Boards Appointed advisory commissions and boards and other
advisory bodies which are permanent [Regular-1 shall be eedified described in other sections
of AMC Chapter 2 and designated as "Regular" boards, commissions, or advisory bodies. These
shall inel ding but not include but not be limited to Forest Lands Commission, Planning
Commission, Transportation Commission, Planning Hearings Board, Pubiie Recreation
, Public Arts Commission, Conservation Commission, Ashland Airport
Commission, Housing and Human Services Commission, Historic Commission, Tree
Commission, and the Municipal Audit Commission. AMC 2.10 contains code eeftrfflen
Ordinance No. Page 16 of 28
applicable to all Appointed Commissions and Boa Regular and ad hoc commissions,
boards, task forces and other advisory bodies.
B. Ad-hoc Committees and Task F^
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 - 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 for-e^°
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 for- The Mayor
with the consent of the Council shall appoint the membership of such committees or- task fore
^
Members of Regular Boards and Commissions may be appointed to ad hoc committees "1£
€orees. 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 majority vote may remove a member of an ad hoc
committee or- task for-e^ at any time, with or without cause. The City Council by majority vote
may amend or dissolve an ad hoc committee oir task f^--^
C. Regular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory 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) two Q full terms on any single
regular board or commission.
D. Mayor Membership on Ashland Budget Committee.
For the purpose of local budget law, the Mayor is a member of the governing body of the City of
Ashland. and shall be a voting member of the budget committee.
E. Student Membership on Regular Commissions. and Boards.
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.
Ordinance No. Page 17 of 28
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. Written notice of removal to the affected member shall be provided. Removal
shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall
appoint a replacement for the remainder of the term in accordance with paragraph C. above.
Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed
by the procedures in ORS 227.030 and removal of any member of the Recreation
Commission or the Planning Commission is not subject to this section. 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 any Regular commission, eo inittee o-- board or other advisory body has been
formed and codified, any change or dissolution requires an ordinance amending the Municipal
Code.
Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council lLiaison 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 eommissions and boards, as well as ad kae
eommittees and task for-ees the City's Regular and ad hoc advisory bodies and are
expected to represent the full City Council objectively and accurately in interacting with
the such entities.
3. City Councilors may attend meetings of City ~--A avisoiry Boards and Commissions and
other ad hoe entities the City's Regular and ad hoc advisory bodies 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. ttendance.
Liaisons should attend all rRegular meetings of the Commissions and BoaFds, or- d Committees or T ask Forees Regular and ad hoc advisory bodies to which they have been
assigned as time permits and should make special efforts to attend meetings in response
to specific requests to artici ate in discussions on topics the Council may need to be
aware of or provide input on. attending, rfl--I the event a liaison has diffieffity
the liaison
should find an alternate fick, review the video or- other- reeord of the proeeeding.
in the evVnit F e-ontinuing seheduling eonfl * et, the Liaison should ask the Mayor to be
reassigned: iaisons shall not attend quasi judicial proceedings when the final appeal or
final decision 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
Ordinance No. Page 18 of 28
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 City
advisory bodies should not attempt to direct debate, lobby, or otherwise influence the
direction or decisions of any advisory body bodies to which he or- she has they have 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 H
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 o€
about 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 Cam. To
€aeilitate-the above, and notwithstanding any other provision of the Cod the roof
an advisoiFy body shail per-iodiealiy pinee on the Agenda for- the advisory body, an item
labeled Report of Ceuneil Liaisort!L
F. Role of Liaison as Regaf Advice on Filling Vacancies.
The Council 1Liaison 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 t the CouneW.
Couneil liaisons shall per-iodienily report to the-entire Coufleil on si2nifieant and
adyisoyy body should be invited tore a short razsl or-es cntation to +cn~-CZS~v
Couneiol. Liaisons mav-seek-assistanee from the relevant staff liaisons to aeeofflVI!iS_hh
HG. Liaison Appointment Process and Term.
The Mayor will appoint a Councilors to act as a Council ILiaisons to each and every
Regular 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 aia specific appointment.
IH. 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.
Ordinance No. Page 19 of 28
Section 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 representat Representative to State, Regional, and Community
organizations. In all cases, the City's repre eat Representatives will follow the
bylaws and guidelines for service of the organization to which they have been appointed.
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
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.
.zty fepfesent the fall Gib, etineil in--heif--werk--as
Depres tat In their work as City Representatives, City Councilors are expected
to represent the full City Council accurately and objectively and to depict the
position of other Councilors accurately and obiectively. If the Council has an
approved position on a matter under discussion, the Representative shall articulate
and, if called upon, vote in favor of that position. If the City 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 Representative should request
that the item be placed on a City Council agenda in accordance with AMC 2 04 030
for full City Council action. If the Council has not approved an official position and
has not had the opportunity to confer with the City Representative on a matter
under deliberation in the subiect external organization, the Representative shall
make a good-faith effort to reflect what the Representative believes the full
Council's position would be if the Council were to consider the matter, regardless of
the Representative's personal views, and shall report to the Council on the matter
discussed in the external organization at the next feasible opportunity thereafter.
Representing a position other than the offieial position of the City of Ashland
Conduct contrary to the guidelines in this subsection is grounds for removal under
paragraph E.
4. City Representatives serving as voting members on another organization's Board of
Directors (such as the Rogue Valley Council of Governments) should work in the best
interest of that organization when not in eonfliet 't unless such action would not be
in the best interest of the City of Ashland. When pfeg°"*°a with a eonfliet, t b
5.
if the City Couneilor serving as a Representative is asked to take an offieift! position
. W that affeets the City of Ashland and the
City'
s offieial position IS
unlknown or- 7 the City Couneilor should request that the item be plaeed on ft
Ordinance No. Page 20 of 28
City Couneil agenda in neeor-danee with AINIC 2.04.030 for ffill City Couneil aetion.
If the City Representative has an actual or potential personal conflict of interest, as
defined in Oregon Ethics Law, the Representative must fully comply with the
applicable requirements of Oregon Ethics Law and Citv ethics ordinances.
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 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.
r***1
Section 2.04.120 Councilor Expenses.
Ordinance No. Page 21 of 28
The City will reimburse a Councilor or the Mayor for expenses that are directly related to
City business in accordance with the City's reimbursement policy. Councilors are required to
submit all statements as required by ORS 244.
Section 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 commissions and boards, as well as ad hoc 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.
Section 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 and except for certain
members of the , Municipal Audit Commission, as provided in AMC 2.11.015.
Notwithstanding the three year limitation, Planning Commissioners shall serve serve for terms
of four (4) years with terms expiring on April 30 of the fourth year, and Budget Committee
members not on City Council shall serve for terms of four (4) years terms, with terms
expiring on June 30 the fourth year. All other 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) two 2 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 2.04.090C.
Section 2.10.025 Meetings and Attendance.
A. 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.
B. All members aire expeeted to attend all regularly seheduled meetings, study sessions and
. il meetings, when applieable if a member- will be absent from a meeti"g, the
.-~--efflh-ef -----Nst notify the ehair- or- the staff liaison at least two hours prior- to the meeting.
vaeant. Further- any member- not attendin- . om of two thirds (2/3) of all
seheduled meetings (inelusive of study se --.-.d speeial meetings) shfifl, he
eensidered- inaetii and the positioraeant.The Planning Commission and Budget
Committee shall set their own meeting attendance requirements. All members of other
Regular or ad hoc advisory bodies afe-expected to must attend all at least seventy-five
percent (75%) of the full advisory' body's regularly seheduled noticed meetings, study
sessions and special meetings in each full year of their tenure. A person removed from
the advisory body for non-compliance with attendance requirements subsequently may
Ordinance No. Page 22 of 28
be appointed to fill the vacancy on the advisory body by means of the normal
appointment process of that advisory body.
C. A member should provide at least 48-hour notice to both the chair of the advisory body
and the staff liaison regarding any planned absence from a scheduled meeting of the
advisory body. In the event an unexpected emergency will cause a member to be absent
from the meeting, the member must, if possible, notify the chair or the staff liaison
within a reasonable time in advance of the meeting.
D. Generally, advisory bodies may not allow alternates to represent or stand in for a
member at a meeting. Notwithstanding the foregoing preclusion of alternates, on
Regular and ad hoc advisory bodies with some members who are appointed by an
entity other than the Mayor and City Council and who serve as a representative of the
appointing entity, an alternate may participate and vote for the named member by
proxy at any meeting of the advisory body. Such participation by the alternate will be
deemed to be attendance by the named member. Individuals directly appointed by the
Mayor and approved by the Council may not be represented by alternates.
E. Each advisory body should review member Aattendance shall be reviewed by
t or board during the fegulafly seheduled meetings in january and jul~-, w4th
arep^'-t sent to and report to the City Recorder approximately every six months. City
Recorder will advise the Mayor and C'*~~y Couuneil advising of on the need for appointments
or re-appointments, if necessary.
Section 2.10.040 Quorum and Effect of Lack Thereof
Unless other _,ise ordained, A meeting quorum shall consist of more than one-half of the total
number of authorized members of the body, including any vacant positions. Non-voting ex
officio members, staff and liaisons do not count toward the quorum. A majors of the quoruift
Members need not be physically present at a meeting if
- - ary to adopt any mote another means of attendance (e.g. telephonic, internet etc.) has been established by the
membership and public meetings law requirements are met. At least a maiority of the quorum
is necessary to adopt any motion; some motions require the affirmative vote of at least two-
thirds of the members present. If the members in attendance do not constitute a quorum,
staff or invitees may make informational presentations provided (1) Notes describing the
presentations and discussions are made and posted on the City website• (2) no motion,
debate or vote or any other official business other than adiournment takes place; and (3) all
matters topics advertised shall are automatically be eontintied to added to the agenda for the
next regularly scheduled meeting.
Section 2.10.050 Election of Officers, Secretary, and Subcommittees.
At its first meeting following the appointment or reappointment of members each year, of
the lea 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 twe three consecutive annual 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
Ordinance No. Page 23 of 28
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. Pr-ovided-howev eiOnly the full body can make recommendations to
the City Council. Subcommittees must comply fully with the requirements of Oregon Public
Meetings law.
Section 2.10.060 Agendas and Minutes.
The chair or staff liaison will be responsible for timely preparation and posting in advance the
agendas of all meetings of advisory commissions and boards on the City's website. A member
or staff liaison will be responsible for taking minutes and getting them he posted on the eCity's
website, enerall within a few days after meetings. Members are encouraged to access
those documents from the web site. Staff will email or mail documents to members upon
request. If the advisory body has a current uncil Liaison, the Liaison shall per-odepal 1311
should be given the opportunity to report to the mmission or board periodically.
Section 2.10.065.- of
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.
Section 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 the
meeting procedure rules in AMC 2.04.40 Roberts Rules of Ordeir. In the event of conflicts
that cannot be resolved less formally, Doi erts Rules of OrdeF AMC 2.04.040 shall be used as
the standard for meeting rules and procedures. Failure to strictly follow comply with Roberts
Rules of Ordef the rules on meeting procedure in AMC 2.04.040 shall not be cause to void or
otherwise disturb a decision or action. The body will strive to be clear in its proceedings.
Section 2.10.085
it is the duty o f the ehaaa or Na...~a..a sidias viia F~'a,v. a ~v that a.ua,h member h +1.
s. is ..aa.. ..J of the ~.ana.. ensure ensure aasaa
opportunity to speali. Member-s speak, only for themselves and shall be open, direet and
eandid. Members shall strive to deliberate to a deeision and shall rely upon the ehair to
keep the diseussion moving. No member shall speak more than onee until every membe
ehoosing to spealk shall have spolken or- waived their right to do so. No member shall spealk
more than twiee on the same motion without leave of the presiding offieer.
Section 2.10.105 Reports.
A. Each Aadvisory s and boards body shall submit copies of its meeting minutes
to the City Recorder for presentation to the eCity eCouncil . and shall prepare and
Ordinance No. Page 24 of 28
submit sueh reports as from time to time may be requested by the Mayor and City
Couneil.
B. The chair of each advisory body is expected to give at least one report to the City
Council each year on the advisory body's accomplishments, work in progress, and
planned activities. In addition, the Mayor or City Council may from time to time ask
chairs for information and recommendations on matters within the scope of their
advisory bodies. Chairs' reports to the Council are to be objective and representative
of the maiority views of the memberships of their advisory bodies.
C. Council Liaisons may report to the entire Council on significant and important
activities of any advisory body to which they have been assigned
D. Staff Liaisons to the advisory bodies may assist in preparing such reports
E. Unless otherwise expressly provided 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 m-Mayor or eCity eCouncil.
Section 2.10.110 Lobbying and Representing the City
matters,
orerrrmiitcc-s will i i d ken by members a
advisory and be d An individual member- F +
u position yr1~11 r-y--1.TJC[e . . 3n of membei o f an advise y. b a. Members of City advisory bodies shall not state
v .~i vviaairi
the position of the City or of a City advisory body at meetings or in correspondence with
federal, state, regional, local or community organizations or elected bodies unless
specifically authorized to do sob the City Council and by the advisory body at duIv
advertised meetinas. 'n individual advisory body member is free to express personal views
on any issue in any forum as long as the individual makes clear that he or she is not
speaking as a member of the advisory body and that the views expressed are personal and
do not represent the position of the City or of the City advisory body- Advisory body
members are prohibited from engaging in political activity in accordanc with ORS 260.432.
Section 2.11.015 Modified Terms and Qualifications [Municipal Audit Commission]
A. Terms. Notwithstanding any other provision of the Ashland Municipal Code, the terms of
the Mayor or Council or, City Recorder and Liaison Budget Committee member shall be for
one year, each expiring on April 30 December 31 each-ef-year. All other terms shall be as
provided in AMC 2.10.020.
Section 2.16.010 Publie Recreation Commission - Purpose of Chapter.
The purpose of this chapter is to implement Article XXII of the Ashland City Charter which
provides for a Recreation Commission.
Ordinance No. Page 25 of 28
Section 2.16.020 Publie Recreation Commission - Organization.
The Recreation Commission shall meet and organize itself by selecting one or more of its
members as Chair and such other officers as they deem necessary. The Commission has power
to adopt By-Laws, rules and regulations for the proper conduct of public recreation in the City.
Section 2.16.030 Publie Recreation Commission - Duties.
The Publie Recreation Commission shall coordinate, as far as possible, the recreational facilities
now within the City, or hereafter to be constructed or created, with the object and purpose of
promulgating a central plan in which all public boards and agencies, as well as private
organizations, may participate. The Commission shall have the power to conduct any form of
recreation or cultural activity will employ the leisure time of the people of Ashland and vicinity
in a constructive and wholesome manner.
Section 2.16.040 Publie Recreation Commission -Recreation Director.
The Publie Recreation Commission has the power to appoint or designate some individual to act
as recreation director who is trained and properly qualified for the work and such other personnel
as the Commission deems proper. The Publie Recreation Commission shall, at the proper time
annually, submit a budget estimate to the Mayor and City Council for their approval. The
Commission may also solicit or receive any gifts or bequests money or other personal property,
or any donation to be applied, principal or income, for either temporary or permanent use for
playgrounds or other recreational purposes.
Section 2.16.060 Publie Recreation Commission -Reports.
The Publie Recreation Commission shall make full and complete monthly and annual reports to
the Mayor and City Council and such other reports as from time to time may be requested of
them by the Mayor and City Council.
Section 2.18.10 Established Membership (Conservation Commission).
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 Eleetrie Utility Direetor- shall serve as the primary staff Liaison a
Al li\.l V l~{ll
Seereta y of the Commission-. The Primary staff liaison shall be appointed by the City
Administrator and shall serve as Secretarv of the Commission Voting members shall be
appointed by the Mayor with confirmation by the City Council.
Section 2.28.100 Electric Utilities Department - Functions.
The functions of the Electric Utilities Department are the construction, operation, and
maintenance of the electric distribution system; the installation of all new lines, services and
meters; the maintenance of the hydro-generation plant; the preparation and submission of
proposed work programs including estimates of cost; and the installation, maintenance and
operation of all electrical equipment and facilities of the City; and the implementation o
Ordinance No. Page 26 of 28
programs for ener*, eonservation required by state or federal law, or as approved by t
City counemil.
Section 2.28.130 Finance Department - Functions.
The functions of the Finance Department are the administration and collection of various City
taxes, licenses, and permits and the administration of ordinances and state laws applicable
thereto; the receipt and safekeeping of all City money; preparation and control of the City
budget; procurement of materials, supplies, equipment and services for all departments, exeept
the Parks and Reereation Commission; receipt, storage and issuance of supplies, materials and
equipment; the disposal of surplus property; fiscal and property accounting for all departments
Commission; exeept the Ashland Parks and Reer-ention data processing; financial estimating,
planning and programming; billing and collecting; investment of temporarily idle funds in
cooperation with the City Recorder; dispatching of utility connect and disconnect orders; risk
management and insurance administration, ; operation of f the s iteli o a, coordination of the
maintenanee and repair of all publie buildings belonging to the City used
eleaning, warehouse;
general administrative purposes; establishing and operating a ee"tr-alized general administrntion and eontrol of the Cemetery Department-; the performance of
all
duties prescribed by the City Charter and ordinances and the laws of the State for those officers
and officials included in the Finance Department; and the performance of such other functions as
may be assigned by the City Administrator or prescribed by the City Council.
Section 2.28.340 Public Works Department - Functions.
The functions of the Public Works Department are the construction and maintenance of all
streets, alleys, sidewalks, paths, bike paths, rights-of-way, and courts now open or which
hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of
the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant;
the construction, maintenance and operation of the water distribution systems, the maintenance
and operation of the water filtration plant; the supervision of all work done on streets, alleys, or
other public ways, land, buildings, or other structures by anyone other than the City; supervision
of the repair and maintenance of all motor equipment of the City, exeept equipment of the
Pairl s and Reereation Commi ; the performance of traffic engineering; the planning,
improvement and maintenance of the Ashland Municipal Airport; the performance of all phases
of engineering work required in connection with all the functions of said Department; the
keeping of records of all surveys and measurements made, which records shall be open for public
inspection.
Section 2.28.354 Community Development Department - Functions.
The functions of the Community Development Department are the preparation and maintenance
of the Comprehensive Land Use Plan of the City as required by State Law; the preparation of
ordinances, policies, maps and studies implementing said plan; the processing of applications for
planning actions set forth in Title 18 of this Code; with the assistance of the Police Department,
the enforcement of all laws, ordinances and regulations governing the erection and occupancy of
buildings and structures, and the alteration of or additions to buildings and structures as required
in Title 15 of this code; and, with the assistance of the Police Department, the enforcement of all
laws and ordinances governing zoning and land-use as set forth in Title 18 of this code
Ordinance No. Page 27 of 28
development and implementation of energy eonservation programs as may be appy-oved-by
the City Administrator or- City Couneil.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. 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 [Nos. 2-3] 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 , 2014,
and duly PASSED and ADOPTED this day of 12014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 12014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 28 of 28
Attachment 1
COUNCILOR-SUGGESTED ADDITIONS
(Page 3 of 28) (Addition suggested by Councilor Voisin.)
Section 2.04.020 Meetings
C. Study Sessions (Page 3 of 27)
Each study session shall include up to a total of 15 minutes for public forum, in which
persons may speak about any topic on the agenda for that study session. Persons wishing
to speak during public forum are to submit a "speaker request form" to the City Recorder.
(Page 8 of 28) (Addition suggested by Councilor Lemhouse.)
Section 2.04.040 Conduct of Meetings
C. Council Deliberation
2. Deliberation Rules (Page 8 of 27)
Council deliberation shall be characterized either as "general discussion" or as "debate."
"General discussion" as used in this section 2.04.040C means the presentation and
clarification of facts about a matter under consideration or the statement of preliminary
positions concerning such a matter without engaging in argumentation for or against
one's position and before seeking a specific decision on the matter either by means of a
motion or by means of informal consent by a majority of Council members. The meaning
of "debate" as used in this section 2.04.040C is argumentation for or against a specific
decision which has been proposed by means of a formal motion or by means of a request
for informal consent by a majority of Council members. "Deliberation towards a decision"
as that term is used in Oregon Public Meetings statutes is included in the definition of
"debate" and excluded from the definition of "general discussion" herein.
(Page 21 of 28) (Addition suggested by Councilor Lemhouse.)
Section 2.04.115 Councilor Conduct in Other Forums
A Council member is free to express personal views on any issue in any forum as long as
any statements he or she makes about the positions of the full City Council and the
positions of other individual Council members are accurate and objective. Upon two-
thirds vote of the entire Council, a Council member may be censured for noncompliance
with this requirement.
CITY OF
-ASHLAND
Council Communication
August 5, 2014, Business Meeting
Second Reading of an Ordinance amending Ashland Municipal Code
Chapter 1.08 General Penalties, Sections 1.08.010, 1.08.020 and 1.08.030
FROM:
David H. Lohman, Ashland City Attorney, lohmand@ashland.or.us
SUMMARY
The Ashland City Council, at its July 15, 2014 business meeting, considered and approved first reading
of an Ordinance amending Ashland Municipal Code Chapter 1.08 General Penalties, which clarifies
the Municipal Court's jurisdiction, revises the penalties associated with criminal and violation offenses
and clarifies that the fine and incarceration limits established in City Charter apply only to penalties for
violations and crimes established by City ordinances and resolutions.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon State Legislature revised ORS 153, Violations and Fines, published by the Office of the
State Administrator, Oregon Department of Justice, making it necessary to modify AMC Chapter 1.08.
The proposed revisions to AMC 1.08 are necessary and useful to law enforcement, code compliance
officers, and the general public's understanding of the minimum and maximum amounts of general
penalties. Additional informational tables have been added to clarify classifications of violations
between State and AMC designation.
The proposed revisions also make clear that the Municipal Court has jurisdiction over specified crimes
under Oregon revised statutes, as well as the authority to impose appropriate penalties for commission
of those crimes.
Finally, the proposed revisions clear up a possible misunderstanding about limits on fines and
incarcerations contained in the Article 9, Section 1 of the Ashland City Charter. That section prevents
the City from imposing fines in excess of $500 and imprisonment at hard labor in excess of 60 days for
violation of any City ordinances, resolutions or charter provisions. The revised ordinance makes
explicit the fact that this limitation does not apply to fines or sentences imposed as a result of the
violations of state law.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve second reading and adoption of the ordinance amending AMC
Chapter 1.08 General Penalties.
Page 1 of 2
kim 'r,
CITY OF
-ASHLAND
SUGGESTED MOTION:
I move to approve second reading by title only of an ordinance titled, "An Ordinance amending
Ashland Municipal Code Chapter 1.08 General Penalties, Sections 1.08.010, 1.08.020 and 1.08.030."
ATTACHMENTS:
Ordinance Amending AMC Chapter 1.08
LINKS:
July 15, 2014 Council Meeting:
Ordinance: http://www.ashland.or.us/Files/Proposed%20AMC%201 %2008%200rd.pdf
Minutes: https://www.ashland.or.us/A eg ndas.asp?AMID=5735&Display=Minutes
Page 2 of 2
Mme,
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER
1.08 GENERAL PENALTY, SECTIONS 1.08.010, 1.08.020 AND 1.08.030
COMPLIANT WITH CURRENT STATE STATUTES
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through 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 Oregon State Legislature has amended ORS 153 Violations and Fines,
effectuating changes to the Ashland Municipal Code Chapter 1.08 General Penalties.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.08, GENERAL PENALTY, Section 1.08.010 Misdemeanor Penalties
and Procedures, Section 1.08.020 Violation Penalties and Procedures, and Section 1.08.030 Base
Fines, Schedule of Violation Penalties, are hereby amended to read as follows:
Chapter 1.08 GENERAL PENALTYIES
Section 1.08.010 Municipal Court Jurisdiction, Misdemeanor Penalties and Procedures
A. The municipal court shall have jurisdiction over all offenses made punishable under the
ordinances of the City of Ashland; all misdemeanor crimes made punishable under ORS
Chapters 161 through 167 and 471 through 480; all violations, as defined by ORS
153.005(3); and all traffic offenses, as defined by ORS 801.555, that are made punishable
under Title 59 of the Oregon Revised Statutes, other than felony traffic crimes.
1) When jurisdiction on a matter is conferred on the municipal court, all the means to
carry such iurisdiction into effect is also given to the municipal judge; and in the
exercise of such jurisdiction, if the rules of procedure are not specifically identified or
made applicable to the municipal court under this Chapter, any suitable process or
mode of proceeding may be adopted by the municipal judge which may appear most
conformable to the exercise of such jurisdiction.
2) Rules of Procedure. The municipal judge may adopt and publish rules necessarv for
the prompt and orderly conduct of the business of the municipal court. Rules adopted
by the municipal judge pursuant to this section shall be consistent with the provisions of
Ordinance No. Page 1 of 6
ORS Chapter 153, ORS Chapter 156, and any rules adopted by the Oregon Supreme
Court pursuant to ORS 153.033.
AB. Unless otherwise specifically provided, when the Ashland Municipal Code identifies
violation of its provisions as a misdemeanor or as subject to this section, any person violating
any provisions or failing to comply with any of the mandatory requirements of this code is guilty
of a Class 13 misdemeanor- offense [maximum $2500 fine and one hundred eighty (180) days
in jaill; provided however, FA,hile criminal offense having a maximum fine and
incarceration not exceeding the limitations of Article 9, Section 1 of the Ashland City Charter
are operative, any p . 4ed of a misdemeanor- under- this eode shall be punished by
a fine of not more than fh,e hundr-ed dollars ($500.00), or- by imprisonment not to exeeed
sixty (60) days, or- by both sueh fine and imprisonment.
1) Notwithstanding the above, according to ORS 221.339, municipal courts have
concurrent jurisdiction with circuit courts and justice courts over misdemeanors
committed or triable in the city. The Ashland municipal court is subject to the state
laws it enforces and is not subject to the fine and incarceration limitations of the
Ashland City Charter.
472) In addition to a fine and incarceration, the municipal court may impose any additional
punishment, probation, remedial measure (e.g. restitution), or expulsion as provided under
AMC 10.120 et sec., that is appropriate for the offense.
C. Adoption of State Criminal Laws and Pr-oeedur-es
1) All eiriminal pr-oeedures, pr-ovisions and requirements appheable to violations and
misdemeanors, ineluding but not limited to Oregon Evidenee Code, (ORS Chapt
40 and 41), ORS Chapter- 153 violations, defenses, burden of proof, general
pr-ineiples of er-iminal liability, par-ties, and general pr-ineiples of justifleation
eontained in Oregon Revised Statutes Chapters 131 through and ineluding 167,
well as Chapters 471 through 480 are hereby adopted in full and made appheab!
2) All misdemeanor and violation offenses and penalties deseribed in ORS Chapters
161, 162, 163, 164, 165, 166 and 167, " well as of-tenses deser-ibe d in the Oregon
Vehiele Code and ORS Chapters f 137, 153, 471, 475, f and 480, are hereby
adopted by r-efeirenee. When eited ns a eity or-dinanee violation, violation of an 0
seetion adopted by r-eferenee is an offense against this eity and shall be punishable
the same extent as pr-ovided in the Code. Notwithstanding the above, nothing h
prohibits or- r-estriets the City poliee or- City Attorney from eleeting to pursue a
ehar-ge and proseeute defendants with state law offenses in the name X11 the State of
Oregon 2z n
pursuant to ORS 221~. T
subseetions (1) and (2) of this seetion are applieuble throughout this ehapter. Wh
"state" and ";state statute" shall be deemed to also iflell
appropriate, r-efer-enees to « » "eity » and Ordinance No. Page 2 of 6
4}C. The city police, city attorney, assistant city attorney, and municipal court, including the
municipal court judge, judges pro tem, court supervisor and deputy court clerks, shall have all
the powers, duties, and responsibilities provided under Oregon Revised Statutes, applicable to
investigation, prosecution, administration, and adjudication of criminal offenses and violations
within the city of Ashland and on city-owned property as applicable.
-5}D. The statutes, codes and procedures adopted herein are expressly made applicable within the
city limits of the city of Ashland as well as outside the city limits when eoneenting for offenses
occurring on city-owned or controlled property located outside the city limits of the city of
Ashland, Oregon.
BE. Each such person is guilty of a separate offense for each and every day during any portion of
which any violation of this code is committed, continued or permitted by any such person, and
shall be punished accordingly. The costs of prosecution, including but not limited to court costs,
assessments, fees, surcharges, restitution, and the like, shall not be included within the $500 fine
limitation. The prosecution in Ashland municipal court of state law misdemeanors and violations
pursuant to ORS 221.339 is not limited by the fine and incarceration limitations of the city
charter.
Section 1.08.020 Violation Penalties and Procedures.
A. Vielation off-enses in the Ashland Munieipal Code shall be elassified as a Class 1, Class 11,
Class W of Class 1V via io
viela4iens desefibed in the Ashland Munieipal Code as Class 1, 11, M & AL shall be applied
t f "tl' ORS Cl ptef
and s 4 .l eensistently with Class A, R, C 'Q' n ` ' 1 ti'vuJ as Ja. 1..
153 D 1 O violations are o " ludo 1 ffe Cln i fie tip and Base Fine ftl{ ir-e °f'4 x71 he
-I-e ull~'t
t ethefwise •f '1 the Ashland Munie p l (`ede or- in at er- . rn4e l eades tL n
refefen . The penalty for- •t4ing n el.,tio ofi nsesshall be as peeifie f : the
elassifieation of the ofiense in the Sehedule of Violation Penalties, Seetion 1.08.030, [Table
tl, ei fie lly designated in the Ashland Mtmieip l Code Pfayide
1], ef as Y
> while the $500 dellaf limit4ien of Aftiele >
a City Ofdifia-nee offense, shall not exeeed $500. in addition, eaeh and ever-y day anx 7
pefsen ef entity shall eenstitute a sepafate vielation subjeet to a sepafate fine and sueh per-son
shall be punished aeeafdingly. The eosts ef pfoseet4iaft, ineluding but not limited to ea
> assessments, fees, ehafges, > > and the like, shall not be ifleitt
within the $500 li.,.,itntia
1) The pr-eseeu4ien in Ashland Munieipal Catift of sta4e law misdetneanor-s and Violations
pttr-suafi4 to ORS 221. 339 is not lifflited by the fine and ineafeefafien limitations of the
Ashland City, Chartef.
2) See AMC 10.120, t see., Pefsiste t Violation f r ad itional penalties n,-,.l Y" edti es f
vielntien of Class 1 W Violations.
of fine ec fr d fef an individual pefelass of offense in AMG 108.030 Table 1 "Carpefate"
Ordinance No. Page 3 of 6
fines imposed 1, the entity s;b,le fee the offense is a ...,t;,... """tfie fs ;p
Limited Liability r y hefentity, net a feat per-sen. in addition to a fine, the
Mtinieipal Court may impose additional punishment of femedial measufe (e.g. festittition)
A. The violations referenced in Ashland Municipal Code as Class I, II, III and IVcoincide
respectively with provisions identified as Class A, B, C, and D violations in ORS chapter
153, as follows:
(1) Class I - Class A;
(2) Class II - Class B;
(3) Class III - Class C;
(4) Class IV - Class D;
(5) Unclassified - An offense that is designated as a violation but does not specify
the classification of the violation is an unclassified violation and is treated as a
Class II (Class B) violation.
B. Parking violations are excluded from Classification and Presumptive Fine
requirements.
C. A separate violation shall be deemed committed each day during or on which a
violation or noncompliance occurs or continues.
D. Persistent Violation has additional penalties and procedures for Class I - IV violations,
as set forth in AMC 10.120, et sec.
Section 1.08.030 DweMaximum and Presumptive Fines, Schedules of Violation Penalties.
A. Base Fine. Ptffsttant to ORS 153.142, base fine ealeulations shall be eensistent with sta
1 Eetift, exeept - that Ei assessment, if an shall be adde a to the foundation.
amennt and inee ted into the base fine. State, eounty aRd lae l ^ eats and
t, added to fines net , edueted f the n fedtiet;^" of
misdemeanef nt.
B. Sehedule of Violation Penalties. City efdinanees offenses and other- City violations
within the .l' t;, of the Tatini .ipa Ceuft shall hm,e the elassi ,"bons an base
fines ete o Table 1 below:
Table 1 Seri d le„fV;ol.t;on Penaltieis-~
V;.,1„4ie Chmis MfflEifflti Base e Base 1 rehaf` e to 7 1 2011
Cass-4 99*- $427.99 $472-.W
G1 $242.00 $287.00
Unelassified $360.00 $242. 2. 0
C-1-aFls $145.00 490--00
Qass4V X42.99
*ScmJeetto hai4er limitation on fine noted in AMG 1 .08 020 the ma-xy...a 4:"0 "'w-st he
lowered to $500.00 fine, „1„s pl;eable state, "t` n ":t., assessments an
These .a of apply generally to Parking Offenses ' "less speeffie'l in tl,o
AMC.
Ordinance No. Page 4 of 6
A Fines: The penalty for committing a violation is a fine. The law creating a violation may
impose other penalties in addition to a fine.
1. The maximum fine for a violation committed by an individual is set forth in Section
B, Table 1 below.
2. The presumptive fine for a violation committed by an individual is set forth in
Section B, Table 1 below.
A. The presumptive fine is defined as a set fine imposed against the defendant who
mails or delivers to the court a plea of no contest and the dollar amount in lieu of
a court appearance.
3. City surcharge assessment, if any, shall be added to any fine imposed by the court
upon the defendant's entry of plea or finding of guilt.
4. A reduction of a misdemeanor to a violation retains the respective state, county,
and/or city misdemeanor assessments.
B. Schedules of Violation Penalties.
Table 1 Schedule of Ashland Municipal Code (AMC) Violation Penalties*
Ashland Violation Class Maximum Presum tive**
Class I $500.00*** $435.00
Class II $325.00 $260.00
Unclassified $325.00 $260.00
Class III $200.00 $160.00
Class IV $138.00 $110.00
Table 2 Schedule of Adopted State Violation Penalties, adopted from state law:****
State Violation Class Ashland Violation Class Maximum Presum tive**
Class A Class I $2000.00 $435.00
Class B Class II $1000.00 $260.00
Class B Unclassified $1000.00 $260.00
Class C Class III $ 500.00 $160.00
Class D Class IV $ 250.00 $110.00
These provisions do not apply generally to Parking Offenses unless specified in the AMC.
The presumptive fine imposed against the defendant who pleads no contest and delivers the amount of
the presumptive fine to the court.
Subiect to Charter limitation the maximum fine may not exceed $500.00, plus applicable state,
county fees.
****The Ashland municipal court is subiect to the state laws it enforces and is not subiect to the fine and
incarceration limitations of the Ashland City Charter.
C Business Fine: A sentence to pay a fine for a violation committed by a corporation,
partnership, limited liability company or other type business entity shall be in an amount
Ordinance No. Page 5 of 6
not to exceed twice the fine established under this section, subiect to limits of the City
Charter.
D In addition to a fine, the municipal court may impose additional punishment or
remedial measure (e.g. restitution, expulsion, treatment) appropriate for the violation
offense.
SECTION 2. Savings. Nothing in this ordinance shall affect the validity of or the procedures
and penalties applicable to criminal or civil enforcement actions commenced and continued
under the laws in effect at the time the charges were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections No.2-4) need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2014,
and duly PASSED and ADOPTED this day of 12014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 6 of 6
CITY OF
ASHLAND
Council Communication
August 5, 2014, Business Meeting
Second Reading of an Ordinance Repealing Temporary Moratorium on
Establishment of Medical Marijuana Dispensaries
FROM:
David H. Lohman, City Attorney, lohmand@ashland.or.us
SUMMARY
This agenda item is the second reading of an ordinance to repeal the geographically-limited temporary
moratorium on establishment of medical marijuana dispensaries enacted in Ordinance No. 3093. At its
July 15, 2014 regular meeting, the Council approved first reading of this ordinance to effect such a repeal.
BACKGROUND AND POLICY IMPLICATIONS:
During approval of Ordinance No. 3093, Council made clear the moratorium was intended to last only
from March 1, 2014 until ordinances concerning the siting and operation of medical marijuana
dispensaries could be carefully considered and enacted. At its August 5, 2014, regular meeting, the
Council will consider second reading of ordinances providing for taxation of marijuana sales and for
establishment of local time, place, and manner regulations on marijuana dispensaries. Repeal of Ordinance
No. 3093 is now timely.
In the attached ordinance version presented for second reading, Section 2 is highlighted and proposed to
be deleted. This provision, declaring an emergency and allowing the ordinance to take effect upon
passage, was originally intended to enable coordination of the effective dates of all the City ordinances
concerning marijuana dispensaries and taxes. Council's decision to postpone consideration of the "Time,
Place, and Manner" ordinance on marijuana dispensaries until its August 5 meeting made the emergency
effective date unnecessary. If this Section 2 is deleted on second reading and the "Time, Place, and
Manner" and marijuana tax ordinances are approved on second reading, all three ordinances will take
effect September 4, 2014.
FISCAL IMPLICATIONS:
None.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff requests Council approve second reading of the Ordinance Repealing Ordinance No. 3093, a
temporary moratorium on establishment of medical marijuana dispensaries.
SUGGESTED MOTION:
I move approval of an ordinance titled, "Ordinance Repealing Temporary Moratorium on Establishment of
Medical Marijuana Dispensaries".
Page 1 of 2
I1,
CITY OF
ASHLAND
ATTACHMENTS:
Proposed Ordinance
LINKS:
MMD Moratorium (April 15, 2014 Council Meeting): http://www.ashland.or.us/Pageasp?Nav1D=16194
July 15, 2014 Council Meeting:
Ordinance: http•//www ashland or.us/Files/Ord-Repeal%20MMD%2OMoratorium.pdf
Minutes: https://www.ashland.or.us/Agendas.asp?AMID=5735&Display=Minutes
Page 2 of 2
I`,
ORDINANCE NO.
AN ORDINANCE REPEALING TEMPORARY MORATORIUM ON
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through 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 Ashland City Council adopted Ordinance No. 3093 on April 16, 2014,
declaring a moratorium on the operation of medical marijuana dispensaries in designated areas of
the City of Ashland for a limited period of time from March 1, 2014, until rescinded.
WHEREAS, under Oregon law, local governments may regulate the operation and location of
certain types of businesses within their jurisdictional limits.
WHEREAS, the Ashland City Council, having duly advertised and conducted public hearings,
and now having established rules and regulations for medical marijuana dispensaries within the
City of Ashland.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 3093 imposing a Moratorium on Marijuana Dispensaries in the
City of Ashland is repealed.
SECTION 2. Emefgeney.
This Or-dina-nee being neeessafy to avaid ineensisteneies with r-eeen4ly adopted or-dinanees
to exist, and this Ofdinanee takes effeet en its passage.
SECTION 3. Severability.
If any section, subsection, paragraph, sentence or word in this ordinance is deemed to be invalid
or beyond the authority of the City, either on its face or is applied, the invalidity of such
provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this
ordinance, and the application thereof; and to that end sections, subsections, paragraphs,
sentences and words of this chapter shall be deemed severable.
Ordinance No. 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, and text descriptions of amendments (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 by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of July, 2014, and duly PASSED and
ADOPTED on the day of August, 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of August, 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 2 of 2
CITY OF
-AS H LA N D
Council Communication
August 5, 2014, Business Meeting
Second Reading of an Ordinance Relating to Adoption of the Oregon Fire Code
and Amending AMC Chapter 15.28
FROM:
Margueritte Hickman, Division Chief, Fire Department, hickmanm@ashland.or.us
SUMMARY
This is an ordinance that adopts the 2014 Oregon Fire Code. Council approval is required to allow the
city of Ashland to enforce the Oregon Fire Code as part of the Ashland Municipal Code. The adoption
of the Oregon Fire Code results in a safer community. The Council approved first reading of this
ordinance at its July 15, 2014, meeting.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Fire Code is part of a family of codes adopted by the city of Ashland and includes the
Oregon Structural Specialty Code which is used by the building department. The Oregon Fire Code is
adopted by Oregon from a set of model codes. Local jurisdictions are permitted to amend the code
providing amendments are not less restrictive.
During this code cycle, the contents of the model code experienced significant organizational changes
beginning with chapter 11. Because of this, there are several clerical amendments in this code that
reference a change in the location of the amendment. There are also two content changes in the
Ashland amendments.
The first content change is the addition of AMC 15.28.050 Fire Protection System Maintenance. This
section allows the fire code official to hold the fire protection system service providers responsible for
the services that they render. It has been found by fire agencies throughout the state that there are a few
service providers who are not following the maintenance requirements for fire sprinklers, fire
extinguishers, fire alarms and hood suppression systems. The fire code currently only provides an
avenue for the fire code official to hold the business owner responsible. This amendment will allow the
fire code official to hold the service provider responsible when they fail to provide the stated service.
The Oregon Fire Code and NFPA standards provide the required maintenance for each of these
systems.
The second amendment in 15.28.070 E requires service contractors to send a copy of the maintenance
reports to Ashland Fire & Rescue. The fire code has a provision for the service report to be provided to
the local jurisdiction, but it's required of the business receiving the service. It will be more efficient
and expedient to requiring the fire protection service company to provide that. Many companies are
currently providing this document, but some have been less than cooperative.
FISCAL IMPLICATIONS:
Page 1 of 2
Vr,
CITY OF
-AS H LA N D
None
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff is requesting approval of the adoption of the 2014 Oregon Fire Code.
SUGGESTED MOTION:
I move second reading by title only of an ordinance titled, "An Ordinance relating to adoption of the
Oregon Fire Code and amending AMC chapter 15.28."
ATTACHMENTS:
Ordinance
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE RELATING TO ADOPTION OF THE OREGON
FIRE CODE AND AMENDING AMC CHAPTER 15.28
Annotated to show d°'~efiens and additions to the code sections being modified. Deletions are
bold lined through 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);
WHEREAS, the State of Oregon has adopted the 2012 edition of the International Fire
Code, as amended by the Office of State Fire Marshal, as the 2014 Oregon Fire Code;
WHEREAS, the City wishes to adopt the new code and make additional amendments to its
Fire Code.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.010 [Adoption of Oregon Fire Code] is hereby amended to
read as follows:
15.28.010 Adoption of Oregon Fire Code
The 2M 2014 Oregon Fire Code and appendices A through D, F, H, I, J, K-N
SR are hereby adopted, except where specifically excluded or modified by this
section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code.
One copy of the Oregon Fire Code and appendices shall be filed in the office of the
City Recorder.
SECTION 2.
15.28.050 Fire Protection System Maintenance
Fire protection systems service providers providing inspections, tests, and
maintenance required by OFC 901.6 and the referenced standards shall be
qualified and shall provide the inspections, tests, and maintenance in
Ordinance No. Page 1 of 4
accordance with the referenced standards. Failure by a company or individual
service provider to follow the referenced standards is a Class I violation.
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 105.6.30 Open Burning. Delete and replace with the following: See
Ashland Municipal Code 10.30.
B.--A,. Section 506.1 Add the following sentence: The key box shall be installed and
maintained in accordance with the manufacturer's instructions, and shall contain
keys to gain necessary access as required by the fire code official.
C.13. Section 507.5.1 Delete and replace with the following: Where required. Where
a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site
fire hydrants and mains shall be provided where required by the fire code official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement shall be 300
feet.
2. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance
requirement shall be 600 feet (183 m).
D. Section 307 Delete and replace with the following: Refer to AMC 10.30.
E. Section 901.6 Records. Records of all system inspections, tests, and maintenance
required by the referenced standards shall be maintained on the premises for a
minimum of three years and service contractors shall send reports of tests to the
City of Ashland Fire & Life Safety Division within 30 days of performing the
inspection and test. request.
be eopied to the fire eode offleial upon F. C-. Section 338 5601.1.3: Notwithstanding ORS 480.110 through ORS 480.165
and OAR 837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as
defined in OAR 837-012-0610 is prohibited within the City of Ashland.
1. The sale and/or use of retail fireworks as defined in OAR 837-012-0610 is
prohibited at all times;
2. The sale and/or use of sparklers as defined in ORS 480.110 is prohibited at all
times;
3. The use of retail fireworks within the City is prohibited at all times; and
4. The advertising of retail fireworks or sparklers is prohibited within the City of
Ashland in accordance with ORS 480.152 and OAR 837-012-0665.
Ordinance No. Page 2 of 4
G. D. Section 330- 5601 Storage of Explosives - Prohibited. The scope referred to in
Chapter 3301.1 5601 of the Oregon Fire Code which references the Oregon Revised
Statutes and Oregon Administrative Rules related to explosives is amended as
follows. The sale, manufacture, possession, transfer and storage of explosives as
defined by ORS 480.200 (3) are-prohibited in all areas within the City of Ashland
except as specifically permitted in writing by the Fire Code Official.
H. l Above-ground Storage of Flammable or Combustible Liquids
The limits referred to in Section 24046.15704.2.9.6.1 of the Oregon Fire Code
in which the storage of flammable or combustible Class I and 11 liquids in above-
ground tanks outside of buildings is restricted are established as follows: All City of
Ashland residential and historical district areas as defined in the Comprehensive
Plan.
I. F. Storage of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804 6104.2 of the Oregon Fire Code, in which
storage of liquefied petroleum gas is restricted, are established as follows: All City of
Ashland residential and historical district areas as defined in the Comprehensive Plan
are limited to the aggregate capacity of anyone installation shall not exceed a water
capacity of 500 gallons.
1. Exception: In particular installations, this capacity limit shall be determined
by the Fire Code Official, after consideration of special features such as
topographical conditions, nature of occupancy, and proximity to buildings,
capacity of proposed containers, degree of fire protection to be provided and
capabilities of the City of Ashland Fire & Rescue Department. Life Safety
Division.
J. FL Appendix A1010.11 - If the complainant or appellant is aggrieved by the final
order of the Ashland Board of Appeals, the complainant may file an appeal to the
Oregon State Fire Marshal's Office within 10 days of the Board's final order.
K. C. Appendix D105 - Aerial Fire Apparatus Access Roads
Remove and replace D 105.1 with the following: Where required. Buildings or
portions of buildings or facilities exceeding 24 feet in height above the lowest level
of fire department vehicle access shall be provided with approved fire apparatus
access roads capable of accommodating fire department aerial apparatus. Overhead
utility and power lines shall not be located within the aerial fire apparatus access
roadway.
L. Remove and replace D 105.2 with the following: Width. Fire apparatus access
roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity
of any building or portion of building more than 24 feet in height.
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.
Ordinance No. Page 3 of 4
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. 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 3-5)
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 , 2014
and duly PASSED and ADOPTED this day of , 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Ordinance No. Page 4 of 4