HomeMy WebLinkAbout2015-0105 Study Session PACKET ~ . _ ..rig.
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, January 5, 2015
Siskiyou Room, 51 Winburn Way
5: 30 p.m. Study Session
1. Public Input (15 minutes maximum)
2. Look Ahead review
3. Update of the status of the Iron Mike statue
4. Plans for police chief recruitment
5. Council discussion of potential updates to the Ashland Municipal Code
6. Video from CIS (City/County Insurance Services) regarding liability insurance
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City of Ashland Coun_ Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments
Responsible 1?99
- Wd"essian Cancel due to MLK, J R fr19
2~? Executive Session 6:30 .m. 1/20
1 Pursuant to ORS 1ci26-3G (2)(e) Real Pro.ert, Transaction Admin EXEC
1/20 Regular Council Meeting.... 1/20
2 Approval of Council Liaison for 2015 (Mayor) Admin CONS
3 Results of the Citizen Survey Ann Admin NEW
4 Franchise agreement with Hunter Communication Dave L/Ann Le al Admin NEW
5 review and Council direction on options for department head Admin HR NEW
compensation Dave K Tina
6 Discussion and direction to staff re: Hanging baskets on downtown Admin NEW
street lights. Dave K.
7 First reading of an ordinance amending Ashland Municipal Code Admin Legal ORD-2
,Chapter 4.34, Food and Beverage Tax (Dave/Dave/Lee) Finance
2 d__5. iota in Sis i ou Room _ 22
s Aerial ladder truck discussion John Fire SS
9 Discussion regarding Culture of Peace Commission (request of Admin SS
Council) _
2/3 Regular Council Meetin 213
10 Presentation b SOU on their co- en project Dave Admin PRES
II RVTV annual report Ann Admin CONS
12 Request from ODOT to extend Siskiyou Welcome Center PW Admin NEW
Improvement Agreement Mike/Dave
13 First Reading of film and video ordinance Ann Admin ORD-1 ORD-2
d Sess;o i'Caiacelied due to President's Da _
tiffs 2/16
217 Regular CotlriCil Meeting 2/17
14 Annual presentation b the Transportation Commission Mike PW PRES
15 Semi-annual update from Ashland Community Resource Center Admin PRES
Dave
16 CIP status update and review Mike PW NEW
17 Second reading of film and video ordinance Ann Admin ORD-2
2119 Budget Committee Meeting 2/19
18 Bud et Committee kick-off & budget assumptions Dave/Lee Admin Finance BDGT
3'2 full sioa an k" ou RoorR 312
19 Discussion of amendments to Special Events Policy (request of Admin SS
Councilor Marsh
20 Economic Development Strategy Review (Adam) Admin SS
3/3 Regular Council Meeting
Page 1 of 2 12/30/2014
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments
Responsible 206 - Stttd ~Sesston in Stsk7w-iju Room
3;16
Conservation Commission update on climate and energy Admi-
21 sustainabilit plan. Adam as
3/16 Executive Session after Stud Session 3/16
22 Pursuant to ORS 192 660(2)(i) Performance Evaluation Admin EXEC
11 Regular Council Meeting
2 Annual presentation bV the Tree Commission Bill's CD FRCS
=
46,
4i-, Regular Council Meeting 4[-,
Annual reFort cn use of force crime rates and ao,:.it cwn Police
enforcement efforts Terre
4/24. Stud Session in Siski ou Room 4 ?c
4,'21 Regular Council Meeting 41' 21
25 Annual presentation b the Historic Commission Bill CD PRES
Commission Presentation `Dates - 2015
February 17 - Transportation Commission
March 17 - Tree Commission
-April 21 - Historic Commission
May 19 - Wildfire Mitigation Commission
June 2 - Band Board
Jul 21 - Forest Lands Commission
Au ust 18 - Conservation Commission
September 15 - Airport Commission
October 20 - Public Arts Commission
November 17 - Housing and Human Services Commission
December 15 - Planning Commission
Two Ordinances re: Normal Neighborhood
Pa, `2 1' 114
CITY OF
ASHLAND
Council Communication
January 5, 2015, Study Session
Update on the status of the Iron Mike statue
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
The Iron Mike statue was seriously damaged in October, 2014, when someone climbed up on the
Carter Memorial Fountain in the plaza and broke off the statue's right hand and rifle. The statue was
removed from the fountain in late October so staff could evaluate repair options. At that time, staff
discovered other damage and deterioration to the statue that could require very costly remediation.
This study session item is presented for information only; to update the Council on the current status of
the Iron Mike statue.
BACKGROUND AND POLICY IMPLICATIONS:
After it was damaged by vandals in October, 2014, Public Works staff removed the Iron Mike statue to
assess options for repairs. The options, however, are not good. The statue is made of zinc alloy, a
material that virtually no one works with any longer, and the spot from which the hand and rifle were
broken off is the same spot that had previously been damaged and repaired in 2001. Re-repairing the
same spot will be difficult if not impossible.
What's more, since removing the statue from its perch, staff has discovered numerous other cracks and
defects, some of the worst of which are pictured below.
eh~iG"S F..- SL L
- l "
p ~ Op
a , y r @9i,
The photo above left show a circumferential crack around Iron Mike's knee. The photo on the right
shows a crack that runs the length of Iron Mike's leg. The photo on the next page shows multiple
cracks in Iron Mike's foot.
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CITY OF
-AS H LA N D
This raises multiple concerns. First, we are concerned about the structural integrity of the statue as a
whole. We believe that when the vandal climbed up on the fountain in October, had they given the
statue a good shove, they might have destroyed it completely. We don't want to put the statue back on
the fountain until or unless we are certain that it has been fully repaired. Second, we are concerned
that, given the age of the statue (over 100 years old) and the material used to create it, the statue cannot
be adequately repaired.
This situation is further complicated by the fact that the Carter Memorial Fountain (including the Iron
Mike statue) is on the National Register of Historic Places as a primary contributing structure to the
Downtown Historic District. We therefore might not have the option of not repairing it and restoring it
to its previous location, and we face the strong possibility that repair and restoration will be very
expensive.
Staff plans to hire an historic preservation consultant to help us evaluate what our options are at this
point. Anything we do will have to comport with state historic preservation rules and we will need
some outside expertise to help guide us through those rules.
FISCAL IMPLICATIONS:
Depending on the scope of work, a contract with a historic preservation consultant will likely cost
about $6,000. Costs could escalate if the scope of work expands. Funds for repair or restoration of the
statue will be budgeted in the upcoming budget cycle after costs have been identified.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A. This item is presented for information only.
SUGGESTED MOTION
N/A
ATTACHMENTS:
None
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CITY OF
ASHLAND
Council Communication
January 5, 2015, Study Session
Plans for police chief recruitment
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
Ashland Police Chief Terry Holderness plans to retire on April 17, 2015. Administration staff has
begun planning a recruitment to find his successor and will brief the Council on those plans at this
study session. Staff would also like to solicit Council input on ideal candidate qualifications.
BACKGROUND AND POLICY IMPLICATIONS:
With Police Chief Terry Holderness' pending retirement, we have begun planning for a recruitment
process to find his successor. Our goal is to have his replacement selected by the start of the 2015-16
fiscal year.
We plan to conduct the recruitment in-house rather than hiring a recruiter. National advertising venues
for police chiefs are limited in number and are well known to us. The amount of staff work involved
in preparing recruitment materials, coordinating interviews, conducting background checks, etc., is
about the same whether we handle the recruitment internally or hire outside help. The recruitment plan
is as follows:
Jan. 2015 - Begin preparation of recruitment brochure. Solicit Council and Police Department input
on desired qualities in new chief. Solicit public input via Open City Hall.
February - Place ads with IACP and other appropriate venues.
March - Screen applications and, if necessary, develop supplemental questionnaire. Determine which
candidates to invite to complete supplemental questions.
April - Select candidates to invite to Ashland for interviews.
June - Interview process, candidate selection and background investigation.
The interview process would likely consist of two interview panels composed of Councilors and staff
and a one-on-one interview with the City Administrator. The process would also include a community
meeting at which the public would be invited to meet the candidates and provide feedback, tours of the
community for each of the candidates (likely conducted by department heads) and a meet-and-greet
with APD staff. Note that we propose to minimize the level of activity in May since that's when we'll
be in the budget process with the Budget Committee. Our experience has also been that it can be
difficult to coordinate multiple travel schedules for the candidates and it's prudent to allow extra time
for that.
Attached to this communication are the "ideal candidate" description and the recruitment brochure that
was used in 2006. Staff would like to solicit the Council's input on any modifications to this
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CITY OF
ASHLAND
description. We will also solicit input from the community and from APD personnel, which will then
be collated into a new ideal candidate description for the Council's review.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Ideal candidate description, 2006
Police chief recruitment brochure, 2006
Page 2 of 2
The Ideal Candidate
The Police Chief should be committed to community policing. The new Chief should work with
members of the Department and the community to define community policing for Ashland.
Residents in Ashland are very engaged. Their involvement and interest in civic affairs is a great asset
to the community and the Department. Establishing and maintaining a partnership will not be a
challenge in Ashland. The Chief must be visible and involved in the community through
participation in community, business and government events and organizations.
The ideal candidate will be responsible for establishing and maintaining effective relationships with
other public safety agencies, City departments, the business community, special interest groups and
the general public. Strong written and verbal communication is essential in this position as is a
strong track record of community and citizen involvement.
The new Police Chief will manage approved department budgets and ensure effective monitoring of
expenditures. He/she will attend City Council meetings and keep them well informed by providing
them with reports, recommended resolutions and input.
Candidates should possess a broad knowledge of law enforcement activities, police practices and
procedures, tactical command techniques, investigative methods and general familiarity with federal,
state and local laws. A Bachelor's Degree in Criminal Justice, Public or Business Administration, or
a related field and ten years law enforcement experience with at least three years in a management
positions above first line supervisor. A Masters Degree is desirable.
l
CITY OF ASHLAND,
OREGON
INVITES YOUR.
INTEREST IN
SHE POSITION OF
POLICE CHIEF
4
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~s
BOB MURRAY
& ASSOCIATES
ExPICRY9 IN EXECUTiVr- BCAHQH
The City of Ashland is
located in the southwestern part
of the state 15 miles north of the
THE COMMUNITY Califomia border in an area rated of the City. The City Council is advised,
as one of the major tourist in part, by over 20 different advisory
The City of Ashland (population 20,$$0) areas within Oregon.
is located in the southwestern part of the boards and commissions staffed byvol-
state 15 miles north of the California border unteer citizens. They cover a range of
responsibilities from the Affordable
in an area rated as one of the major tourist areas
within Oregon. The economic base cfAshland is primarily Housing Commission to the Conser-
dependent on tourism and higher education, with a small high technology vation Commission.
manufacturing sector. The City of Ashland was incorporated in 1874 and Ashland provides afull range of municipal
operates under the provisions of its own charter and applicable state laws. services, including police and fire pro-
tection, parks and recreation, streets,
Ashland is home to the Oregon Shakespeare' Festival, which attracts more
than 100,000 people annually. Other great attractions include City-owned airport, planning, zoning, building, senior
Lithia Park (described as "the crown jewel of Ashland"); several theater groups, program and general administration.
including the Oregon Cabaret Theatre and performances by the Rogue Valley The City also operates the water,
Symphony; numerous art galleries, ScienceWorks Hands-On Museum and the wastewater, high-speed Internet and
Schneider Museum of Art; Southern Oregon University; and nearby Mt Ashland electrical utility systems.
and Crater Lake National Paris. The citizens ofAshland place greatvalue
The Ashland Community Hospital, owned by the City of Ashland, is one of the on a sustainable and livable community
Northwest's most respected and highly rated small hospitals. by maintaining high development stan-
dards, emphasizing historic preservation
Ashland has outstanding public schools. In 2001, OftringMagcOne named Ashland and providing numerous conservation
public schools as one of the top 100 school districts in the country. In 2004, programs.
School Match awarded the District its What Parents Want Award, an honor
earned by only 16% of all schools in the United States. Both organizations The City's economic development work
noted that Ash" sdx )is are consistently strong on state and national, emphasizes retaining and expanding
have a competitive pay scale forteaching staff, are above average on instructional existing businesses and attracting new
expenditures per student and are known for small class size. businesses to the area. Ashland seeks
clean industry that provides living wage
THE ORGANIZATION jobs and has identified the technology
industry as a desirable and viable addition
The City of Ashland has a Mayor/Council form of government The Mayor is to the community. To further this eco-
elected for a four-year term and presides over the nomic development goal, the City owns
City Council. The Mayor, with Council and operates a state ofthe art high speed
confirmation, appoints the City - telecommunications infrastructure
Administrator who is responsible
known asAshland Fiber Network orAFN.
for the day to day operations
THE DEPARTMENT
t: The Ashland Police Department is ac-
credited through the Oregon Accredi-
tation Alliance and is recognized bythe
j
j.
Communications Assistance 's^
for Law Enforcement Act
(CALEA). The department - paraments, the community and
an active citizenry. Strong leadership and
is currently going through
communication skills are essential in this
recertification. The Police
Chief will direct 30 sworn position, as is a strong track record of
community and citizen involvement
employees, 9 civilian em-
ployees and 24 volunteers The new Police Chief will need to de-
with a budget of $5.3 million. welopastrategicvisionforpolicingAs W.
The Police Chiefwill plan, direct, The Police Chief will have experience
oversee and be accountable for the in best practices in law enforcement and
overall operations ofthe Police Department, be responsible for maintaining proficiency
including Administrative Services, Field Operations, in law enforcement and community
Criminal Investigations, a large volunteer group, and other departmental and involvement. He/she will manage ap-
citywide functions. proved departrrent budgets and ensure
Recently, the Police Executive Research Forum (PERF) conducted astudyofthe effective monitoring of expenditures.
Police Department Amongthe findings ofthe auditwas the strong recommendation He/she will attend City Council meetings
that the Department adopt a philosophy of community oriented policing and and keep them well informed by provid-
problem solving. The report identified a number of issues facing the department, ing them with reports, recommended
among them, "The City of Ashland has significant issues which are challenging resolutions and input.
both the police department and the community. Examples ofthese Candidates should possess a
community issues include homeless individuals who congregate broad knowledge of law
in downtown areas, mentally ill individuals who do not fall within The Police Chief enforcement activities,
the parameters of organized treatment, juvenile behavior that will have experience in best excellent management
is seen as disruptive and individuals in the city who choose a practices in law enforcement and skills, experience in
less-structured life style by subsisting on local handouts and be responsible for maintaining implementing com-
the charity of others." proficiency in law enforcement munity policing, police
and community involvement.
THE IDEAL CANDIDATE practices and proce-
dures, tactical command
The Police Chief should have ademonstrated history of supporting techniques, investigative
and implementing community policing. The new Chief will work with methods and general familiarity
members of the Department and the community to define community with federal, state and local laws. A
policing for Ashland. Residents in Ashland are very engaged. Their Bachelor's Degree in Criminal Justice,
involvement and interest in civic affairs is a great asset to the community Public or Business Administration, or a
and the Department. The Chief must be visible and involved in the related field and ten years law enforce-
corrvnunitythrough participation in community, business and government ment experience with at least three
events and organizations. years in a management position above first
The ideal candidate will have experience establishing and maintaining line supervisor is a necessity. A Masters
effective relationships with other public safety agencies, City de- Degree is desirable.
COMPENSATION TO APPLY
The salary for the Police Chief position ranges from $7,1 17 to ff you are interested in this outstanding
$7,999 monthly and is dependant upon qualifications. The City oppoduritypleas %bmityournesumeto:
also offers an attrretive benefits package including: Bob Murray
Retirement - The City is a PE RS employer and contributes 100% Bob Murray & Associates
of retirement benefits. 1677 Eureka Road, Suite 202
Medical Plan - Through Regence Blue Cross of Oregon, covered Roseville, CA 95661
services are paid at 90% up to the first $5,000 in a calendar year as long (916) 784-9080
as the employee chooses a participating provider. Deductibles are $100 (916) 784-1985 fax
per covered person or $300 maximum forfamily coverage. e-mail:
Dental Plan - The Oregon Dental Services plain begins at 7096 the first appWbobmurrayassoc.com
year for all covered services. Coverage increases by 10% each year up to
Filing Deadline:
100%. En iployees also have the option of selecting Willamette Dental. November 3, 2006
Vision -Wsion Service Plan provides UCR eye care benefits for covered services.
Preliminary Interviews: The week
We Insurance - The City provides life insurance equivalent to annual salary of November 13th
with a maximum of $75,000. A matching AD&D policy is also provided by the
Recommended Finalists: The
City Additional life insurance can be purchased at competitive rates through
week of November 28th.
payroll deduction.
Final Interview Process: The week
Long Term Dir<sabiiity LTD has a 90-day waiting period and tie ma}amum
of December 1 I th
benefit period is to age 6S.
Following the dosing date, resumes will
Vacation -Dependant upon length of time working for the City
be screened according to the qualifications
Holiday- I I paid holidays oudined above. The most qualified candidates
Sick Time - 8 hours/month will be invited to screening interviews with
Bob Murray and /associates. A select group
Other benefits include AFLAC, Employee Assistance Program, Computer Loan of candidates will be asked to provide refer-
Progrni, Deferred Compensation and additional wellness benefits. ences once it is anticipated that they may
be recommended as finalists; references
will be contacted only following candidate
approval. Final interviews will be held with
Ashland. Candidates will be advised of the
status of the recruitrnent fdkywing selection
of the Police Chief. If you have any questions
regarding this recruitment, please do not
hesitate to call Mr. Murray at:
(916) 784-9080
BOB MURRAY
f Ty13.:. f
. Sc ASSOCIATES
1'hcRaS Hr.L Zvi Cxk~n:r? ~Y p - ~ Expexr$ 1N EXEQUTIVE SEARCH
CITY OF
-ASHLAND
Council Communication
January 5, 2015, Study Session
Council discussion of potential updates to the Ashland Municipal Code
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
The City Attorney and I have been keeping a running list (with input from City staff members) of
items in the Ashland Municipal Code that require updating or clarification. Before proceeding with
work on any of these, Council is asked to weigh in on whether it would like to address these matters.
Items include Council authority to establish parking fines, street tree removal criteria, quorum
requirements for boards and commissions and clarification of the City Attorney's role.
BACKGROUND AND POLICY IMPLICATIONS:
The Ashland Municipal Code is a living document that is constantly being updated to be relevant to
current-day circumstances. Issues with or gaps in the Code are often discovered as issues arise. I have
been keeping a list of such issues and now seek input from the Council as to whether to proceed with
addressing these. Note that staff is already working on many, many other ordinances. These include:
• Dog licensing/vaccination
• Unlicensed dogs in the downtown area
• Expansion of the Enhanced Law Enforcement Area
• Film & Video ordinance
• Wall graphics ordinance
• Abandoned property ordinance
• Short-term home rental code update (currently in Planning Commission review)
In addition to the above, the Council may wish to direct staff to address the following:
1. Council authority to establish parking fines. The Municipal Code does not expressly grant to the
Council the authority to establish parking fines. In fact, it is completely silent on parking fines. The
current fine was apparently established by a former municipal court judge more than 30 years ago. The
Downtown Parking Management and Traffic Circulation Committee has recommended that the
overtime parking fine be increased to $22 from the current $11. We suggest a code amendment to
expressly state that the Council reserves the right to establish parking fines and that parking fines be
included in the master fee schedule. In addition, AMC 11.24, Parking Regulations, has a section titled
"Collections; Enhanced Penalties; Appeals," however this section contains no appeal procedure. Staff
recommends clarifying that appeals of parking tickets and fines are the purview of the Municipal
Court.
2. Establish criteria for the removal of street trees. Hazard trees are, of course, removed expeditiously.
However, we recently received a request from a downtown building owner to remove a non-hazardous
street tree in front of his property. This request was denied, but it brought to light that the Code
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CITY OF
-ASHLAND
contains no criteria for staff to use in evaluating such requests. Staff suggests adding clarifying
language to the Code.
3. Clarify the role and function of the City Attorney. The right to hire a City Attorney is reserved, by
City Charter, to the City Council, and the duties of the City Attorney are spelled out in the Ashland
Municipal Code. There have been occasions when it has been necessary for the City to hire outside
legal counsel, usually because a matter arises requiring expertise in a highly specialized practice area
that we lack in-house. Staff recommends - without compromising the Council's authority to hire legal
counsel amending the code to clarify that only the City Council or the City Attorney can determine
when outside legal counsel is necessary and the City Attorney is responsible for contracting with and
overseeing the work of outside legal counsel.
4. Amend the quorum requirements for boards and commissions. This was a request from the Public
Arts Commission at the October 21, 2014, City Council meeting. Currently, the Municipal Code
stipulates that "A meeting quorum shall consist of more than one-half of the total number of authorized
members of the body, including any vacant positions." The PAC requested that this be changed so as
to make a quorum more than one-half of the filled positions on a board or commission. There are
almost always vacant positions on our boards and commissions, which can frequently make it difficult
to get a quorum for a particular meeting. For instance, the Public Arts Commission has seven
positions, but only five are filled. To have a quorum, four of the five members must be present. With
this requested amendment, attendance by three members would constitute a quorum. (NOTE: The
Council considered this kind of code amendment about three years ago and rejected it.)
5. Amend the Public Art Code requirement for notifications for selection panels. Currently, the Code
requires that an ad be placed in a newspaper to get people to serve on a public art selection panel. Ads
are expensive, have a short shelf life and don't reach the people most impacted by the public art project
(i.e., neighbors of the project). The Code also that we place notices on the City web site and send
invitations to serve to all property owners within 300 feet of a project. These are better and more
effective methods of soliciting participation on selection panels and the newspaper ad provision should
be removed.
6. Add repeat violations of the Fire Code to the list of chronic nuisances in AMC 9.18, Chronic
Nuisance Property. This was suggested by the Police Department following the recent discussion of
Will Dodge Way. It is, of course, already a violation the Code to violate AMC 15.28, Fire Prevention
Code, but amending the Chronic Nuisance Code to include repeat violations of the Fire Code would
give both the Police and Fire Departments an additional tool that would allow the City to shut down or
seek civil penalties against a property owner who repeatedly violates the Fire Code.
7. Limitation on liability for injuries or damage incurred on public trails and unimproved rights-of-
~Laa. A statute that became effective in 2012 allows cities with a population under 500,000 to enact
ordinances or resolutions granting to certain parties immunity from liability for simple negligence
resulting in personal injury or property damage incurred during use of a public trail or unimproved
right of way. ORS 105.668. The statute allows for broadening of the traditional scope of recreational
immunity in ORS 105.682. The parties afforded this broadened protection would be the City, owners
of land abutting the public easement or unimproved right-of-way, and non-profit corporations and their
volunteers working on construction or maintenance of a trail or structures in a public easement or
unimproved right-of-way in the City. Staff suggests enacting such an ordinance to provide previously
unavailable limitations on liability for owners of land adjacent to public trails and unimproved rights of
way and for non-profit corporations and their volunteers working on them.
8. Extension of emergency powers. In an emergency situation, the city administrator may declare a
state of emergency, which must include a set termination date, and then seek Council ratification.
AMC 2.62.030. Under current Code, if the emergency turns out to be longer than expected, a
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CITY OF
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subsequent declaration of emergency and subsequent ratification is required. Staff recommends minor
language changes to make it possible for the Council to authorize the city administrator to declare a
continuation of a state of emergency beyond its expected duration upon showing of good cause at a
special meeting of the Council.
9. Fee for citizen appeals of decisions by City department heads. The recourse of a person aggrieved
by a decision of a City department head is, in many cases, to appeal the decision to a hearing officer
pursuant to the uniform appeals process in AMC 2.30, after payment of a nonrefundable appeal fee of
$150. (Land use decisions of the Planning Commission and a number of other administrative decisions
are subject to other appeal processes with different fee requirements.) Where the uniform appeals
process applies, the decision of the hearing officer is the final decision of the City. If the appellant
loses the appeal, the appellant can be required to pay costs incurred by the City for the appeal,
including the cost of hiring an independent hearing officer if the city administrator does not serve in
that role. Staff recommends that the Council consider whether the $150 fee for invoking the uniform
appeals process should be reduced or should be refundable upon successful appeal, given that
appellants already risk having to pay the City's costs and given that a readily-available process for
citizen appeals of routine administrative decisions that do not require Council attention is useful from a
number of perspectives.
10. Extension of uniform appeals process to additional administrative decisions. The current Code
provides for appeals of a number of types of administrative decisions directly to the Council, without
requiring exhaustion of the uniform administrative appeals process set forth in AMC 2.30. Examples
include direct appeal to Council on administrative decisions about system development charges,
termination of utility service, transportation utility fees, and fire alarm permit suspension orders. Staff
recommends that the Council consider requiring use of the uniform process in AMC 2.30 for appeals
of most of the administrative decisions that now provide for appeal directly to the Council. The
Council would then undertake review of most administrative decisions only for determining whether
existing ordinances and resolutions are being applied evenhandedly after exhaustion of the uniform
appeal process or for determining whether changes need to be made to existing ordinances and
resolutions to better reflect Council policies.
11. Variances to Decibel Noise Standards. The Council currently may grant a variance to Decibel
Noise Standards if the Council finds that strict compliance would cause an unusual and unreasonable
hardship to a commercial or industrial use after first notifying residents within 200 feet of the proposed
variance and holding a public hearing. AMC 9.08.100.E(4). Staff recommends requiring a public
hearing only if, after sufficient notice has been given, a citizen objects to a proposed variance prior to
the Council's decision on the matter.
In addition to these proposed Code changes, staff has identified numerous housekeeping and language
clean-up items that are not listed here because they have no substantive effect. These non-substantive
changes will be brought to the Council in the coming year.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
N/A
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CITY OF
-ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff seeks Council direction whether to proceed with drafting ordinances to address any of the above
matters.
SUGGESTED MOTION:
I move to direct staff to direct staff to proceed with preparing code amendments for the following
matters: (Council to determine which, if any of the above to address.)
ATTACHMENTS:
None.
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CITY OF
-ASHLAND
Council Communication
January 5, 2015, Study Session
Video presentation from City/County Insurance Services
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
The City is fully insured for liability insurance through City/County Insurance Services (CIS). CIS has
offered the City a $1,000 discount on its annual liability insurance premium if the City Council will
watch a 14-minute video presentation on public liability. The Council agreed at its December 15,
2014, study session to watch this video.
BACKGROUND AND POLICY IMPLICATIONS:
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
By watching this video, the Council will reduce the City's liability insurance premium by $1,000. This
year's premium was $195,000.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION
N/A
ATTACHMENTS:
None
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