HomeMy WebLinkAbout2015-1103 Council Agenda PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forma. 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 permitting, 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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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 3, 2015
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
Il. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of October 19, 2015
2. Business Meeting of October 20, 2015
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. 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]
VIII. CONSENT AGENDA
1. Minutes of boards, commissions, and committees
2. Appointment of Stephen Jensen to the Forest Lands Commission
3. Approval of a resolution titled, "A resolution adopting a supplemental budget
increasing appropriations within the 2015-17 Biennium budget"
4. Approval of a change order in excess of 25% for the oxidation ditch wetland
delineation
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE
CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. 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)
until up to 10:30 p.m. at which time the Council shall set a date for continuance
and shall proceed with the balance of the agenda.)
None
X. UNFINISHED BUSINESS
None
XI. NEW AND MISCELLANEOUS BUSINESS
1. Biennium 2015-2017 first quarterly financial report
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First reading by title only of an ordinance titled, "An ordinance amending
Chapter 10.120.020 to add two offenses as possible elements of the crime of
persistent violation" and move on to second reading
2. First reading by title only of an ordinance titled, "An ordinance amending AMC
Chapter 9.16 to require dog licensing and declare certain dog behaviors to be
public nuisances" and move on to second reading
3. First reading by title only of an ordinance titled, "An ordinance amending
AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law
enforcement area" and move on to second reading
4. First reading by title only of an ordinance titled, "An ordinance amending AMC
9.08.010 and 9.08.040 concerning keeping of animals" and move on to
second reading
5. First reading by title only on an ordinance titled, "An ordinance amending
AMC 9.18.020 to include additional definitions of behavior constituting
elements of chronic nuisance" and move on to second reading
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 I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE
CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City Council Study Session
October 19, 2015
Page 1 of 3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, October 19, 2015
Siskiyou Room, 51 Winburn Way
Council Chair Marsh called the meeting to order at 5:30 p.m. in the Siskiyou Room.
Councilor Seffinger, Rosenthal, Voisin, and LemhoUse were present. Mayor Stromberg and Councilor
Morris were absent.
1. Public Input
Kathleen Hering/236 North Mountain/Attended the Southern Oregon Climate Action Now (SOCAN)
"Our Critical Climate; "Trends, Impacts & Solutions - a Rogue Basin Summit" and noted a talk given by
Environmental Lawyer and University Professor Mary Wood. She read from a document submitted into
the record requesting Council start each meeting with the traditional Masai greeting,
"llow are the children," and be aware of how current decisions affect the future. She also requested
Council charge the Climate and Energy Action Plan ad hoc Committee to provide immediate
recommendations to start decreasing greenhouse emissions. According to Professor Wood, the human
race had less than five years to change the current trajectory of global warming. She also asked Council
to involve the "first peoples" of the community who lived in balance with the land for thousands of years
and ask for their assistance in restoring that balance.
Council Chair Marsh also heard Professor Wood's talk and commented it was powerful, frightening, and
inspiring.
2. Introduction of Recology Ashland General Manager, Gary Blake
Council Chair Marsh introduced Gary Blake, the new General Manager at Recology. Mr. Blake shared
his expertise, experience, and looked forward to making a difference in the community and working with
the City.
3. Look Ahead review
City Administrator Dave Kanner review items on the Look Ahead.
4. Reeder Reservoir Water Quality Issues
Public Works Director Mike Faught explained due to the severity of the drought, the City needed to
change the way they managed Reeder Reservoir to ensure sufficient water supply in late fall. Currently
demand was at 3.5 million gallons a day (mgd).
Dr. Jacob Kann from Aquatic Ecosystem Sciences worked with the City studying Reeder Reservoir and
water quality issues since 2007. The watershed was intact with a naturally high concentration of
phosphorus in the East and West Forks with low nitrogen. Every year beginning in June, cyanobacteria
grew in the forms of Aphanizomenon and Anabaena. Aphanizaomenon affected the taste and odor of
water and was not a public health issue. The state had a protocol the City followed that monitored for
toxins routinely.
Due to its depth, as the Reservoir warned in the spring and summer, it created a water column
stratification consisting of three distinct layers. When the water cooled in the fall, the colder water
became dense and sank causing the Reservoir to mix eliminating stratification until the following spring.
Drawing down the Reservoir ran the risk of getting into a low dissolved oxygen zone where hydrogen
sulfite and other compounds had settled and the ph and alkalinity made it difficult to treat the water at the
Water Treatment Plant. Another risk of drawing down was reaching the high nitrogen zone and the
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October 19, 2015
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potential for toxic algae to form and grow. The standard drawdown curve did not work well during
severe drought.
Silt did not affect the inflow of water but did change the depth of the reservoir. The City did bathometric
mapping of the bottom of the Reservoir approximately every six years.
The City could research systems that would constantly churn the reservoir. The new Water Master Plan
would address managing algae in the Reservoir using a modeling component that would provide different
management systems and outcomes. The City treated the taste and odor issues using Hydrogen Peroxide
when it started to build up at the surface and needed to look at long-term solutions in the Reservoir
regarding water quality and levels. Another option was looking at the Water Treatment Plant to address
taste and odor issues. Applying Alum into the Reservoir was a potential treatment for algae.
Oxygenation and mixing in the Reservoir was also an option.
Mr. Faught clarified the only water that went into Reeder Reservoir came from the East and West Forks
then piped to the Water Treatment Plant. Talent Irrigation District (TID) and Talent Ashland Phoenix
Intertie (TAP) water went directly to the Water Treatment Plant.
5. Discussion of financial software replacement
City Administrator Dave Kanner explained the software company Tyler would no longer support EDEN,
the financial software the City currently used. Tyler was offering EDEN customers an opportunity to
purchase MUNIS at a deep discount. There was money in the budget and replacing the financial software
was a priority.
Councilor Marsh suggested having the Budget Committee review the conversion from EDEN to MUNIS.
Mr. Kanner noted the Budget Committee did not typically review supplemental budgets. They were the
Council's purview. It was at the Council's discretion whether to involve the Budget Committee. There
was a time element regarding the offer that would expire January 1, 2016.
Administrative Services and Finance Director Lee Tuneberg further explained they had anticipated having
to replace the financial software in three years. However, the potential for savings in switching to
MUNIS prompted thern to bring it to Council.
The new software would enhance online payment services and provide better reporting to City
departments along with operational efficiencies. Senior Planner Brandon Goldman added the new system
would automate the building permits process eliminating paperwork and an office visit. Additionally,
inspection reports from the field could be immediately uploaded for customer review. Customer Service
Manager Bryn Morrison noted the online customer profile for utility billing would be enhanced and
businesses could pay Food and Beverage Tax and Transient Occupancy Tax (TOT) online instead of over
the phone. Ms. Morrison went on to explain difficulties customers and staff encountered during the
transition to Springbrook software systems and the knowledge gained from that experience.
Mr. Tuneberg addressed potential security issues and explained security would be better than what the
City currently had. The City adhered to identify theft programs. The risk was the amount of work for the
conversion and migration. He explained why Springbrook was the best choice for the City at the time
although it was a tier two product.
Annual licensing cost for MUNIS was $95,000 and less than EDEN and Springbrook's annual license
costs combined. Mr. Tuneberg had not looked at other financial software systems but had reviewed the
City of Hillsboro who researched five different software packages.
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October 19, 2015
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Mr. Kanner noted how difficult financial software conversions were and how expensive. It would be
easier to migrate with the current provider.
Council discussed forwarding the option to the Budget Committee. Opposing comments thought this was
scope creep. Supplemental budgets were at the Council level of policymaking. Council majority agreed
to send it to the Budget Committee as an informational only item and include the rationale for the
decision and examples of the benefits. Council supported staff moving forward with the offer by Tyler
and preparing a supplemental budget for a future Council meeting.
6. Upgrade of Council Chamber video and audio equipment
City Administrator Dave Kanner explained the money for the upgrade was available and he did not see a
reason to wait any longer. The City Recorder had suggested moving the recording equipment used for
the minutes into the backroom with the other equipment.
Councilor Marsh wanted a standing podium for public input added to room as well. Mr. Kanner thought
the upgrade would occur spring of 2016. Council supported moving forward with the upgrade and
moving the Recorder's recording equipment to the back room.
Mr. Kanner went on to provide an update on the air quality monitor. The Bureau of Land Management
(BLM) did not want to discuss location until the Department of Environmental Quality (DEQ) and the US
Forest Service and BLM had signed their agreement.
If approved, the air quality monitor would go on the roof of Fire Station 1 who would assume biweekly
cleaning duties and ensure the monitor and computer worked. DEQ would come to Ashland every three
months to check on the system. Air quality information would link to the DEQ website. It would cost the
City very little.
Meeting adjourned at 6:56 p.m.
Dana Smith
Assistant to the City Recorder
City Council Study Session
October 20, 2015
Page 1 of 10
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 20, 2015
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg was absent. Council Chair Marsh called the meeting to order at 7:00 p.►n. in the Council
Chambers Civic Center.
ROLL CALL
Councilor Voisin, Lemhouse, Seffinger, and Rosenthal were present. Councilor Morris was absent.
MAYOR'S ANNOUNCEMENTS
Councilor Voisin raised a point of order and asked the City Attorney to explain whether the Chair could make
motions and vote. City Attorney Dave Lohman explained as presiding officer the acting chair could not make
motions but could vote unlike the Mayor.
Council Chair Marsh announced the annual appointments to the Citizen Budget Committee and Municipal Audit
Commission. The deadline for applications was November 13, 2015. Mayor Stromberg would hold his second
"Listening Session" along with Councilor Seffinger Wednesday, October 28 from 7 p.m. to 9 p.m. in the
Council Chambers. The discussion would focus behavioral problems in the downtown area and Exit 14.
Councilor Seffinger/Lemhouse m/s to add a discussion regarding fencing on the downtown Plaza area to
the agenda. Roll Call Vote: Councilor Voisin, Lemhouse, Marsh, Seffinger, and Rosenthal, YES. Motion
passed.
APPROVAL OF MINUTES
The minutes of the Study Session of October 5, 2015, Executive Session of October 5, 2015, Study Session of
October 6, 2015 and Business Meeting of October 6, 2015 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Annual presentation by the Housing and Human Services Commission
Housing and Human Services Commissioners Regina Ayars and Coriann Matthews presented the annual update
to Council:
Social Service Grant Process
• The Commission successfully distributed 2016-2017 Social Service Grant funds to eligible applicants.
• The Commission allocated funding in accordance with the Strategic Plan priorities and implementation
strategies adopted by Council December 2014.
• The Commission reviewed the Grant making process and is working on implementing improvements to
the process, which includes an evaluation of grant funded activities.
Affordable Housing Trust Fund (AHTF/HTF)
• The Commission established a sub-committee to address the directives provided by Council regarding a
sustainable funding source for the Affordable Housing Trust Fund.
• Council directed the Commission to focus on the use of this money, the amount needed to meet
identified community needs, prioritize the eligible uses of the HTF funds, and explore funding sources
that are consistent with the current codes and goals.
• The subcommittee was in the process of making an outline of community needs that the AHTF funding
could address, and was researching formulas for determining the amount of funding the HTF needed to
meet the identified needs, and evaluating a variety of funding sources.
Student Fair Housing
0 The Commission completed Fair Housing Training.
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October 20, 2015
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• The Commission continued their relationship with the Southern Oregon University (SOU) Student
Government (ASSOU) and was currently working with that body to complete outreach to landlords and
property managers to understand the issues of students as renters.
• The ASSOU had two students apply for the Student liaison position on the Commission.
2. Presentation on Electric Service disconnection for non-payment
Director of IT and Electric Utility Mark Holden explained the key to the process for low income, special
medical needs customers, or those initiating the appeals process was contacting Utility Billing and informing
staff of their circumstances.
The Ashland Municipal Code (AMC) Chapter 14.02.080 and 14.02.015 addressed financial assistance and the
Senior Citizen Discount programs. The City also offered Ashland Low Income Energy Assistance Program
(ALIEAP) and the HEAT assistance program. The City did not limit the ALIEAP or the Senior Citizen
Discount programs. AMC 14.02. 100 Restrictions on Residential Terminations addressed special medical needs
customers. The City did not terminate service before weekends or holidays. Mr. Holden explained the timeline
for disconnection. The City extended the timeline while customers moved forward on paying their bills.
The City did not have a specific AMC addressing severe weather. However, the City would not disconnect a
customer from November to March if that termination would endanger a member of the household. Disconnects
occurred when there was no response from the customer or they failed to keep payment arrangements and
became so far past due they might never catch up orr their billing.
AMC 14.02.090 Appeal of Termination was the formal appeals process where the customer submitted a written
appeal to the City Recorder during business hours. Only one appeal had gone before Council. All other issues
were resolved using City practices.
The City also worked with several state agencies and non-profits that offered utility assistance and referred
citizens to those programs. The back of the utility bill explained how citizens could initiate assistance. Staff
also used newsletters to inform the public of utility programs. The City had an average of 12 customers a month
that had utility services discontinued out of 13,000 accounts. Staff sent out approximately 400 notices regarding
delinquent pay monthly.
PUBLIC FORUM
Sarah Lukins/472 Walker Avenue/Spoke on behalf of Jackson County Fuel Committee (JCFC). In their
experience, the current City policies needed to change. Council had supported rate increases for the past three
years while the average income for Oregonians had decreased 2.25% since 2011. The City disconnected 125
households in 2014 and 102 in 2013. The winter moratorium from November to March did not apply to
thousands of low-income residents. JCFC requested Council extend the winter moratorium to include all
residents who made less than 200% of the federal poverty level.
Ruby Nicol/1361 Quincy/Explained she was on financial aid, a single mother, on disability, and volunteered at
Jackson County Fuel Committee (JCFC). The City's low-income electric discount should include the whole
year and offer assistance for water rates. It was ridiculous that the City charged $10 for each doorknob
disconnect hanger they hung. She asked Council to agendize a moratorium for all Ashland residents.
Joseph Kauth/l Corral Lane/Equated the Ashland Forest Resiliency cut to the diminished snowpack and
temperature increase. He recommended planting other plants on the mountain to produce a transfornative
insulation layer lost during the cut. Urinating outdoors would help save water and might deter deer from
bothering people. He suggested an urban heat study for the Verde Village development. Installing fences at the
Lithia Springs Hotel would be wise because people sitting on the sidewalk blocked pedestrian flow.
Debra Neisewander/1159 Tolman Creek Road/Spoke regarding her personal struggle to pay her utility bills,
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October 20, 2015
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described her work with the homeless, and encouraged everyone to get to know the homeless.
Council Chair Marsh invited Ms. Neisewander to attend the Listening Session October 28, 2015 and share her
experience and concerns.
Councilor Voisin motioned that Council consider a resolution to consider extending an electric and water
moratorium for the poor, details determined in consultation with Jackson County Fuel Committee and
other non-profits on tonight's agenda. Motion died for lack of a second.
Councilor Voisin motioned that Council consider a resolution to extend an electric and water moratorium
for the poor, details to be determined in consultation with Jackson County Fuel Committee and other
non-profits and add it to an agenda in December. Motion died for lack of a second.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees
2. Award of contract with AccuSource for background screening services
3. Approval of public contract exceeding $100,000 for internet bandwidth
4. Appointment to the Climate and Energy Action Plan ad hoc Committee
5. Approval of a public contract exceeding $100,000 for repairs at Reeder Hydro
6. Approval of a resolution titled, "A resolution consenting to the transfer of control related to the cable
franchisee Falcon Cable Systems Company 11, L.P., with conditions"
7. Application for Oregon Watershed Enhancement Board grant
8. Approval of change order in excess of 25% for the plaza upgrades
City Attorney Dave Lohman pulled Consent Agenda item 46 for further discussion. Councilor Voisin pulled
Consent Agenda items #3 and 95 for discussion.
1T/Electric Utility Director Mark Holden clarified the City could discontinue the contract with Hunter
Communications for internet bandwidth on contract anniversaries and confirmed the language was in the
contract. He clarified the contract for repairs at Reeder Hydro and explained the system produced
approximately $85,000 a year in benefit and was a key component in controlling water flow to the Water
Treatment Plant.
Councilor Voisin/Rosenthal m/s to approve Consent Agenda items l through 5, 7 and 8. Voice Vote: all
AYES. Motion passed.
City Attorney Dave Lohman pulled Consent Agenda Item #6 and deleted Section 2. Conditions to Transfer of
Control 2. The Franchisee is in compliance with the franchise terms at the time of the transfer of control
and corrects any known violations prior to the transfer, from the Resolution with Council consent.
Councilor Lemhouse/Seffinger m/s to approve Resolution #2015-25 as amended. Voice Vote: all AYES.
Motion passed.
PUBLIC HEARINGS
1. Public hearing and approval of quitclaim deeds to terminate public pedestrian access easements.
Engineering Services Manager Scott Fleury explained the property owners at 400, 401, and 420 Clay Street
contacted the City regarding an existing pedestrian easement place as part of a planning action on a partition
done at the property. They asked to remove the easement as a deed restriction on their properties. Planning
staff went through the planning requirements to request removal of the pedestrian easements. The property
owners went through the planning stages to make their request. Staff included the Birchwood easement since it
tied into the Clay Street easement. Findings concluded there was appropriate pedestrian and bicycle facilities
within the area at this time. The Public Hearing would relinquish interest in the property. The decision was
final but Council might be able to go through the process and condition the property again.
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October 20, 2015
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Public Hearing Open: 7:54 p.m.
Public Hearing Closed: 7:54 p.m.
Councilor Voisin/Seffinger m/s to approve the four attached quitclaim deeds which will terminate a
public pedestrian access easement granted to the City in 2013, on partition plat P-10-2002 and 16178.
Roll Call Vote: Councilor Lemhouse, Rosenthal, Seffinger, Voisin, and Marsh, YES. Motion passed.
UNFINISHED BUSINESS
1. Continuation of the first reading of an ordinance titled, "An ordinance amending the Ashland
Municipal Code creating a new Chapter 18.3.4 Normal Neighborhood District, amending Chapter
18.2.1.020 to add a Normal Neighborhood zoning classification, and amending Chapter 18.2.1.040 to
add a Normal Neighborhood Special District."
and
Second reading of ordinances titled, "An ordinance amending the City of Ashland Comprehensive
Plan to acid a Normal Neighborhood plan designation to Chapter II [Introduction and Definitions],
add the Normal Neighborhood land categories to Chapter IV [Housing Element], change the
Comprehensive Plan map designation for approximately 94 acres of land within the City of Ashland
urban growth boundary from single family residential and suburban residential to the Normal
Neighborhood plan designation, and adopt the Normal Neighborhood Plan Framework as a
supporting document to the City of Ashland Comprehensive Plan"
and
"An ordinance amending the Street Dedication map, Planned Intersection and Roadway
Improvement map, and the Planned Bikeway Network map of the Ashland Transportation System
plan for the Normal Neighborhood plan area and amending street design standards within the
Ashland Municipal Code Chapter 18.4.6 to add a new shared street classification"
Councilor Seffinger/Rosenthal m/s to postpone consideration of these three ordinances to the November
17, 2015 business meeting. DISCUSSION: Councilor Seffinger thought it was important for Councilor Morris
to participate in the discussion due to his experience in planning. Councilor Rosenthal concurred and noted
Councilor Morris' background on the Planning Commission. Council Chair Marsh explained all items would
pertain to First Reading. Council would not accept public comment on the ordinances November 17, 2015 but
would for Second Reading on any changes made during First Reading. Councilor Voisin commented Councilor
Morris wanted to make some amendments. Roll Call Vote: Councilor Lemhouse, Voisin, Marsh, Rosenthal,
and Seffinger, YES. Motion passed.
2. Downtown Beautification project update
City Administrator Dave Kanner explained Kerry KenCairn of KenCairn Landscape Architecture had obtained
an arborist's report on the condition of the trees in the project along with recommendations. She also developed
an alternative plan and clarified this was a plan that would not remove trees. Christopher John, the owner of
Canopy LLC and current Tree Commission member provided an assessment that recommended removal and
replacement of several trees. Council Chair Marsh explained the first project for discussion was the parking lot
on Pioneer Street and Lithia Way.
Ms. KenCairn explained her mission and goal. She had missed the recent Tree Commission meeting and would
present on her project at the next Tree Commission meeting in November. Her absence created a
misunderstanding at the meeting regarding her goals and actions. Mr. John's tree assessment focused on the
health of the trees in the project area and not the project.
The alternate design would retain three Noble Maples at Lithia Way. One of the goals for the Pioneer Street
parking lot was trees to shade the asphalt. The original design would remove 24 of the 33 existing trees. The
alternate design would remove 21. Some were not trees but actually large shrubs. They would replace the 21
trees with ten large shade trees.
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October 20, 2015
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The second project was located on the corner of Pioneer Street and Lithia Way. The original design would
remove three existing trees. The alternate design would retain the middle tree creating a curb around it and
adding mulch. They still recommended removing the tree on Pioneer Street and replacing it with a tree planted
in structural soil with a tree grade to provide oxygen. Currently there was no way to help the existing tree
without pulling up sidewalk. Ms. KenCairn clarified no trees were being removed for design purposes and did
not think there was a way to have a tree between the sidewalks at the stores due to the two different elevations.
They recommended removing the tree on Pioneer Street due new concrete on the corner.
Alice Mallory/438 Taylor Street/Thought an arborist independent of the Tree Commission should have
conducted the tree assessment and that Council should have chosen the arborist not the contractor. She asked
Council to consider the existence of the trees as a canopy or shade and oxygen providers. The new 2-inch
caliber trees would take approximately twenty years to reach the size of the existing trees. She visited the
parking lot and did not see where the roots were upsetting the sidewalk.
Kathryn Thalden/550 Ashland Loop Road/Concurred with the Tree Commission's report. The City of
Ventura California had a master plan for tree replacement that was gradual and over time. She read from a
document submitted into the record.
City Administrator Dave Kanner explained the long-term plan for the parking lot. It was a valuable piece of C-1
property in the downtown that would remove the landscaping when it redeveloped.
Councilor Lemhouse/Seffinger m/s to table indefinitely the plans of tree removal for the Pioneer Parking
lot until a more specific idea of the use of that lot is put forward. DISCUSSION: Councilor Lemhouse
explained it did not make sense to improve the area only to have the landscape removed for development. There
was no need to rush the project and it could happen in smaller improvements. Councilor Seffinger agreed. The
plan for that area was unknown and the community did not support removing trees.
Councilor Voisin motioned to amend the main motion to clean up the parking lot area, prune trees, and
provide preservation for the trees in need of it. Councilor Rosenthal raised a point of clarification and
asked if the amendment would implement the landscaping plan with the exception of any tree removal.
Councilor Voisin did not think that could happen because much of the proposed landscaping would occur
under the trees. Councilor Rosenthal asked for a definition of cleaning up. Councilor Voisin explained it
included trimming. Motion died for lack of a second.
Councilor Rosenthal would not support the motion and thought they could determine a way to accomplish the
original objective.
Councilor Lemhouse/Rosenthal m/s to amend the main motion that the project move forward with the
other areas of the recommendation excluding tree removal. DISCUSSION: Councilor Lemhouse thought
the suggestions brought up would clean up the area and beautify it as much as possible without tree removal.
Councilor Rosenthal wanted to see the landscaping improved.
City Recorder Barbara Christensen explained in Roberts Rules of Order there is no debate when Council made a
motion to table an item indefinitely. City Attorney Dave Lohman noted under Council rules discussion could
occur during a motion to table an item indefinitely.
Councilor Voisin wanted to see some effort made to preserve the trees already there. They needed maintenance
and wanted that included in the proposal.
Ms. Christensen further explained Council was making amendments to a motion to table the plan. The
amendments did not fit into the main motion. She suggested withdrawing the main motion and the amendment
and restating new ones. Councilor Lemhouse withdrew his motion and amendment. Councilor Seffinger and
Rosenthal agreed.
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October 20, 2015
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Councilor Lemhouse/Rosenthal m/s to move forward with the recommended project at the Pioneer
Parking lot excluding the removal of the trees. DISCUSSION:
Councilor Voisin/Seffinger m/s to amend the main motion to take care of the trees that are already there
by preserving the trees and whatever needs to be done to preserve the trees already there.
DISCUSSION: Councilor Voisin thought it was essential to take care of the trees and take preservation
measures. The Tree Commission had proposals for that. Councilor Seffinger agreed in making the trees as
healthy as possible. Councilor Rosenthal defined it as enhanced tree care needed.
Mr. Kanner explained some tree care occurred yearly during spring and entailed trimming and pruning.
Councilor Lemhouse would not support the motion. It was not specific enough in terms of what needed to
happen to enhance tree care. He recommended not passing the amendment and directing staff to develop a plan
for enhanced tree care with specific actions.
Mr. Kanner thought the amendment directed staff not to remove any trees but take steps necessary to preserve
the existing trees whether it was via soil amendment, limbing up, pruning, and removing undergrowth depriving
the tree of oxygen and nutrients, and generally clean up the site in the undergrowth area per the recommendation
of Ms. KenCairn. Councilor- Voisin added tree corrective action and safety mitigation efforts that included
pruning for structure, branch, and weight reduction, canopy thinning, fertilization, soil improvement, root crown
excavation, malting, cabling branches, and many other actions. Councilor Seffinger confirmed Councilor
Voisin's list were recommendations made by the Tree Commission. Roll Call Vote: Councilor Seffinger,
Rosenthal, Lemhouse, Marsh, and Voisin, YES. Motion passed.
Roll Call Vote on amended main motion: Roll Call Vote: Councilor Seffinger, Rosenthal, Lemhouse,
Marsh, and Voisin, YES. Motion passed.
Council Chair Marsh explained the next project located at the corner of Pioneer Street and Lithia Way had an
alternate design put forward after consultation with the arborist. The design would retain the middle tree in
front of the corner store and incorporate the seat wall as described in the docurnentation.
Councilor Lemhouse motioned to accept the consultant's revised proposal with the exception of removing
the tree on Pioneer Street. Motion died for lack of a second.
Councilor Voisin/Seffinger m/s that the three Maple trees be maintained and that the sidewalks in the
design be permeable and that the trees be given more space to grow however that might happen.
DISCUSSION: Councilor Voisin thought the trees were beautiful and did not think they were impaired or
dying. Specialists had indicated they could salvage them. Councilor Seffinger did not think there was public
support to remove the trees.
Councilor Rosenthal would not support the motion. The decision point should not center on saving the trees. At
least one required removal. He was uncomfortable with the proposed seat wall in relation to the sidewalk and
thought the project needed further review. Councilor Lemhouse commented the area was limited regarding
landscaping. He liked Ms. KenCairn's design. fie was concerned about retaining a tree an arborist classified as
a hazard. Council had a responsibility to mitigate potential safety issues.
Councilor Rosenthal/Lemhouse m/s to suspend Council rules. Voice Vote: all AYES. Motion passed.
Mr. Kanner clarified there was some time pressure regarding bids for the project and having it completed before
the heavy tourist season began.
Ms. KenCairn explained they would not be able to do the design if they retained the existing trees due to a grade
issue that made the sidewalks unsafe and not legal. She clarified the only seat wall presently faced the art piece.
What was thought of as a seat wall allowed the two grades to pass by each other. There was not enough
City Council Study Session
October 20, 2015
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horizontal space between the sidewalks to coexist. Trying to fix the area and retain the tree would kill it due to
its root placement. The design for the middle tree and around the art piece would still work.
Mr. Kanner was unaware of any injuries that occurred in that area. Engineering Services Manager Scott Fleury
confirmed a couple incidents of people tripping and falling along the Pioneer Street corridor but could not recall
the exact location. Trip hazards were complaint driven unless staff noticed an issue first. Adjacent property
owners were responsible for sidewalk maintenance. Council Chair Marsh reinstated Council Rules.
Councilor Lemhouse amended the main motion that tree #1 identified to the right or furthest away from
Pioneer Street be removed as it has been identified as hazard and without its removal would not allow
construction of the plan to go forward. Motion denied for lack of a second.
Roll Call Vote: Councilor Seffinger, and Voisin, YES; Councilor Rosenthal, Lemhouse, and Marsh, NO.
Motion failed 2-3.
Councilor Rosenthal/Lemhouse motion to direct staff to obtain quotes from a landscape architect to
provide a design for the Lithia Way and Pioneer Street location while retaining the three trees.
DISCUSSION: Councilor Rosenthal explained the contractor could not do the design if they retained the trees
and lie wanted a second opinion even if the conclusion was the same. Councilor Lemhouse disagreed on the
need for a second opinion. Ms. KenCairn provided everything asked of her and it would be a waste of money to
ask another person to do it again.
Mr. Kanner clarified the motion referenced East Main and confirmed Councilor Rosenthal meant Lithia Way. A
formal bid was not required because the value of the contract was so low. There were very few landscape
architects registered to do business in the area. Another informal process would take two to three months and
push the project out to 2017. Ms. KenCairn confirmed it was possible to use her design and save two trees.
Roll Call Vote: Councilor Rosenthal, Seffinger, and Marsh, YES; Councilor Lemhouse, and Voisin, NO.
Motion passed 3-2.
Mr. Kanner clarified bidding for the process was informal, did not require a request for proposal (RFP), and
explained the process.
NEW AND MISCELLANEOUS BUSINESS
1. AFN Internet project update
IT/Electric Utility Director Mark Holden explained the AFN Internet project increased AFN's ability to compete
and be financially successful by meeting the growing consumption of internet service and lower costs. The
objective was increase internet capacity to meet existing demand, provide future expansion, and new and
updated services. It would also lower internet costs and reduce or cushion AFN from the expanding demand
from current customers and allow for additional competitive services.
Council approved the project in two phases. Phase 1 provided the framework for rapid capacity growth for
Phase 2 slated July 2016, installed equipment, and configured the network. It also changed AFN's connection
model to the internet as a carrier instead of an internet service provider (ISP) and provided the framework for
rapid growth in the capacity of the inter net connection to the global internet for Phase 2. AFN completed Phase
1 late March 2015.
Phase 2 would expand the capacity within the AFN network itself, leveraging the equipment investment in
Phase 1. Phase 2 would increase the global internet connection flexibility and the capacity to the global internet.
AFN completed the equipment installation for Phase 2 September 2015. They were testing functionality,
expected to finish by October 30, 2015 with full commercial utilization of all equipment, and expanded
bandwidth November 1, 2015 with testing through November 15, 2015.
The project would enable AFN to develop new higher capacity products to meet the needs of the community
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October 20, 2015
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both wholesale and retail. Performance, capacity, and cost changes resulting from the AFN Internet Project
would facilitate competitively priced new services and presented an opportunity for retail and wholesale growth.
AFN's internet was local and served customers within the urban growth boundary of Ashland. The connection
outside of Ashland to the rest of the internet was the Global Internet Capacity. November 15, 2015, AFN will
purchase 10 Gigabits for Global Internet Capacity. The new equipment could accommodate 20 Gigabits. AFN
will be able to compete with Charter Communications and offer products Charter Communications did not have
in the area. This will also provide AFN with the equipment and bandwidth for streaming. AFN was working
with an ISP partner who was running a program in September and October that would continue through
November and December highlighting product definitions AFN was designing. AFN will soon send out a
request for proposal (RFP) to hire a marketing company and anticipated responses within the next three weeks.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Approval of a resolution titled, "A resolution authorizing the City of Ashland to provide a city
building for a winter shelter two nights per week through April, 2016"
Council Chair Marsh explained this was the fourth season the City had an agreement with the faith community
for a winter shelter. City Administrator Dave Kanner noted a correction to the resolution and removed the
following language under Section 2 (g) "Appropriate signage must be displayed that warns against
children being left alone." Additionally, Jackson County Animal Control advised the City regarding Section 4
Dog (e) that after each use of the shelter the volunteers should mop down the floors with a bleach solution. This
recommendation could go into the separate agreement the City had with Rogue Valley Unitarian Universalist
Fellowship (RVUUF) and Temple Emek Shalom and not necessarily the resolution.
.John Wieczorek/165 Orange Avenue/Represented RVUUF as their Social Justice and Action Chair. He
confirmed volunteers already used a bleach solution to clean Pioneer Hall. The shelter had not encountered any
issues with dogs. Problems with guests were mostly vocabulary and not behavioral. He had contacted Fire
Marshal Margueritte Hickman who explained shelter occupant capacity numbers were different from capacity
posted on the wall. She calculated Pioneer Hall and determined the capacity under the legal code was 42 guests.
He recommended increasing the current limit of 25 to be more consistent with reality. Two volunteers for up to
30 guests was probably a good ratio. He confirmed dogs were not in crates and did not think it was a reasonable
request. He also never verified if pets were vaccinated. An outreach organization called Street Dogs provided
ongoing opportunities to vaccinate homeless people's pets.
Councilor Lemhouse/Seffinger m/s to approve Resolution 42015-26. DISCUSSION: Councilor Lemhouse
purposely left out the proposed amendment to delete the signage regarding children. He understood nothing had
happened before but thought the City needed to plan contingencies and avoid anything that could happen. He
did not think volunteer-guest ratios needed to be in the resolution and encouraged the volunteers to determine a
range for backup in case of any legal action brought against the City. Council could direct staff on cleaning the
shelter to meet Jackson County Animal Control recommendations. He was concerned the dogs were not being
crated. RVUUF and Temple Emek Shalom needed to adhere to the agreement. Hearing otherwise disturbed
him. Councilor Seftinger supported the program and added her concern regarding vaccinations. Councilor
Marsh noted the shelter did not allow children.
Councilor Voisin/Rosenthal m/s to amend the motion to delete Section 2 (g) "Appropriate signage must be
displayed that warns against children being left alone." Voice Vote: all AYES. Motion passed
Councilor Voisin motioned to amend the motion to change Section 2 (e) limiting guests to 25 to 42.
Motion died for lack of a second.
Continued discussion on amended motion: Mr. Kanner explained the requirement to crate dogs at the shelter
was a recommendation from the City's insurance advisor due to dogs creating liability in public buildings. He
did not know the liability of running a program that did not adhere to the rules of contract. It raised the question
of the City's obligation to enforce where the City has not taken a strict enforcement stance other than dropping
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October 20, 2015
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in to see how the shelter was going. From his personal experience of visiting the shelter, it was a calm and quiet
atmosphere. Another argument was the City created an affirmative obligation for RVUUF and Temple Emek
Shalom to follow the rules making them liable if they did not. This would sort out if someone filed a claim.
Mr. Wieczorek commented the most dogs he had seen at the City shelter were six, spread throughout the room
and hardly noticed. Other than a puppy urinating on the floor there were no incidents of biting or aggressive
behavior at the City or church shelters. It would be difficult to haul crates back and forth to the shelter.
Currently they bring several bins of blankets and pads. Crates would be cumbersome.
Councilor Voisin/Rosenthal m/s to amend the motion and delete Section 4 (b). DISCUSSION: Councilor
Voisin explained the one thing that gave homeless people a feeling of being normal was having a dog. They fed
their dogs before they fed themselves. The dogs she had seen in shelters were well maintained and disciplined.
Councilor Rosenthal agreed. He understood the municipality having a higher liability and the evidence over the
past few years had not shown a problem. If there was an issue, Council could make that adjustment next year.
He did not think the risk was high.
Councilor Lemhouse questioned why Council would support an amendment knowing a liability could happen.
They had a fiduciary responsibility to the citizens and their money. If something happened, it could put the
entire program in jeopardy. Councilor Seffinger felt torn. Especially knowing some dogs did not have their
vaccinations. She suggested having a few crates on hand to protect puppies or if a confrontation between dogs
occurred. Councilor Voisin was sure the Street Dogs organization could come to the shelter and ensure dogs
had their shots. She would personally make sure that happened.
City Attorney Dave Lohman explained an ordinance coming before Council November 3, 2015 would re-
enforce the Jackson County ordinance requiring dogs to be licensed and vaccinated or show evidence of
vaccinations if they were not licensed here. Councilor Marsh commented crates gave a sense of security in
allowing dogs but was impractical for volunteers to manage. The shelter had operated for two years now
without crates or incident. It was time to acknowledge past experience and remove the requirement.
Roll Call Vote: Councilor Seffinger, Rosenthal, Marsh, and Voisin, YES; Councilor Lemhouse, NO.
Motion passed 4-1.
Councilor Rosenthal/Lemhouse m/s to amend the motion Section 2(e) and change shelter occupancy
maximum to 30 guests. DISCUSSION: Councilor Rosenthal was not comfortable with 42 guests. Councilor
Lemhouse thought 30 was reasonable but was skeptical that would actually be the limit and wanted it followed.
Councilor Voisin and Seffinger would support the motion. Roll Call Vote: Councilor Rosenthal, Lemhouse,
Marsh, Seffinger, and Voisin, YES. Motion passed.
Roll Call Vote on amended main motion: Councilor Voisin, Marsh, Rosenthal, Seffinger, and Lemhouse,
YES. Motion passed.
2. First reading by title only of an ordinance titled, "An ordinance amending the "owner" definitions to
AMC Chapters 1.04 General Provisions, 9.04 Weed Abatement, and 9.08 Nuisances"
City Attorney Dave Lohman explained the proposed ordinance addressed abandoned houses. They lowered
property value and created fire risk. Some owners were unable to pay the mortgage, left the house, and stopped
making payments to the loan service company who in turn sometimes delayed foreclosure litigation and took no
responsibility for the upkeep of the property. Lack of maintenance created risks to public safety to the point of
the City undertaking abatement measures at the expense of the taxpayers. The proposed ordinance would cite
the bank and if necessary issue an abatement order. Other cities in Oregon had similar ordinances.
Councilor Seffinger/Rosenthal m/s to approve First Reading of ordinance by title only and place on the
agenda for Second Reading. DISCUSSION: Councilor Seffinger thought the ordinance was important for the
quality of the neighborhoods. She had seen similar properties in Medford that housed criminal activity and did
not want that happening in Ashland. Councilor Rosenthal agreed. Councilor Voisin supported the motion. Mr.
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Lohman added mortgages were typically turned over on contract to manage these homes and sometimes that did
not occur or the actual security interest was sold to someone else. It would not cost the City much to determine
ownership if needed. Councilor Marsh supported the ordinance as well. Mr. Lohman would look into a statute
that allowed the City by ordinance to move its lien position up so only tax liens were ahead. Roll Call Vote:
Councilor Rosenthal, Lemhouse, Marsh, Voisin, Seffinger, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1. Discussion on the fencing in the plaza
Councilor Seffinger/Lemhouse m/s that we do not place any fencing on the downtown Plaza and plant
larger sized plants. DISCUSSION: Councilor Seffinger explained the fencing was expensive. It would be
less expensive to replace plants. It was also unattractive and it would be difficult to change the color of the
fence. Councilor Lemhouse had concerns regarding fencing all along. He had supported temporary fencing and
since changed his mind. The City would have to expect any vegetation planted in the Plaza would be trampled
and replaced as an ongoing cost.
City Administrator Dave Kanner noted the oak tree planted on the east side of the Plaza was the most
problematic area and staff was unable to get anything to grow there. The plan called for large dense plants for
that area. He suggested some type of temporary fencing for July 4th, Halloween, and the Festival of Lights.
Given the bid schedule, nothing would most likely be planted until March 2016. Council could decide whether
to have temporary fencing for large events.
Councilor Rosenthal did not support fencing and wanted dense plants. Councilor Voisin supported the motion
and thought it would be less expensive to replace plants. Councilor Marsh would also support the motion.
Putting in an expensive fence for a short term did not make sense. Roll Call Vote: Councilor Voisin,
Lemhouse, Marsh, Seffinger, and Rosenthal, YES. Motion passed.
Councilor Lemhouse thanked Council Chair Marsh for running the Study Session and Regular meeting.
Councilor Voisin provided a report on the Band Committee who was planning to travel to Guanajuato Mexico
for the 50°i anniversary of being a Sister City to Ashland. The Band Committee would raise funds to pay for a
portion of their expenses. September 28, 2015 the Street Dogs Vets were at Uncle Foods Diner and serviced 24
dogs and 6 cats.
Councilor Rosenthal announced the Climate and Energy Action Plan ad hoc Committee would meet the next
day at 2:00 p.m. in the Community Development building.
Councilor Seffinger noted the Forest Lands Commission had completed the Social History section of the
Forestlands Master Plan revision and were making good progress.
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned at 10:27 p.m.
Barbara Christensen, City Recorder Pam Marsh, Council Chair
Minutes for the ad hoc AFN Governance Structure Committee
September 8, 2015
Page I of 3
MINUTES FOR THE ad hoc AFN GOVERNANCE STRUCTURE COMMITTEE
Tuesday, September 8, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Pam Marsh called the meeting to order at 3:02 p.m. in the Siskiyou Room.
Committee members Jim Teece, Dennis Slattery, Rich Rosenthal, Susan Alderson, Mathew
Beers and Bryan Almquist were present. Staff members Dave Kanner and Mark Holden were
present. Committee member Vicki Griesinger was absent.
2. Public Input
None.
3. Change in Committee Membership
Marsh stated that when the group was formed, committee member Teece was appointed as an ex-
officio member to give advice. Now that the group is moving into the next phase of this process,
which could affect ISPs. she believes it would be most appropriate to have him step down from
the committee. Teece agreed that his leaving the committee would be the best approach. Group
thanked him for participating.
Teece departed the meeting at 3: 06 p. in.
4. Review of Minutes
Rosenthal/Beers m/s to approve the minutes of August 24, 2015. Voice Vote: All Ayes.
Motion passes.
5. Subcontracting Constraints / Legislation: follow up
Kanner stated that the City Attorney had done a quick review of the subcontracting statute and he
agreed that it would apply in this case. Kanner stated these new requirement for a cost/benefits
analysis pretty much put an end to subcontracting in Oregon. No community he contacted had
attempted a cost analysis for a subcontract, mostly due to the cost of that type of analysis.
Group discussed the history and intent of the subcontracting law. They questioned whether or not
the City could do a cost analysis. Kanner stated that would need to be done by an outside source,
as it's too complicated for current staffing levels.
Group asked whether AFN operations could be transferred to another government agency.
Kanner stated that any transfer of employees would need to have a guarantee of pay and benefits
for those employees for one year. Group asked if the City were to become the only stockholder
in an entity (like they were with the hospital), would that trigger the subcontracting laws? Kanner
stated he doesn't know the answer to that at this time. The law is not specific with regard to
transferring operations to another public entity.
Group discussed how the subcontracting laws may affect which models are feasible. They also
discussed the possibility of doing a cost analysis.
Minutes for the ad hoc AFN Governance Structure Committee
September 8, 2015
Page 2 of 3
6. Review/ Refinement of Evaluation Criteria
Group discussed why the roles of the ISPs and why wholesale vs. retail are important to the
overall governance question. Largely this is due to each causing significant deviations from the
current structure. Beers stated those decisions relate directly to the current lack of connection
between the decision makers and the people operating and selling AFN products.
Group discussed some of the relationships between the ISPs and the City in the past, how some
of those relationships were handled poorly. Holden stated that they have been working recently
on establishing better working relationships with the ISPs. He wonders why the group is focused
on these relationships rather than on the question of overall governance. Group agreed that they
understands this is policy questions versus operation questions but without discussing operations,
both past and present, not all options are available for the group to make a good decision.
Group asked Holden what he thinks is working in the current system. Holden stated that while
there has been a decline in general customer counts, there has been an increase on the retail
customer side. He also stated that while there was a previous lack of collaboration between the
City and ISPs, many things have been done lately which have improved those relationships.
Group discussed the current marketing plan. Holden stated that he is working with the ISPs to
have a joint marketing plan. Group was concerned that this may be a confusing mix of messages.
Group discussed the small profit margins the ISPs have to work under and the additional
pressure that pricing set by Charter puts everyone under. Holden stated that, presumably, ISPs
took into account the profit margins before becoming a business partner with the City - those
profit margins haven't changed. Group discussed how non-cooperation between ISPs leaves
everyone unable to fight against Charter. Group discussed the balance between low pricing and
quality product - the community likely doesn't yet understand the improvements in the quality
achieved recently (and those planned for the future).
Group asked Holden why we continue to have multiple ISPs. He stated that they do the customer
service after hours and weekend, when City staff is not be available. Group discussed what
would be required to "ramp up" to provide 24-hr-a-day service.
Group discussed the challenges of having no dedicate marketing plan (or separate company
dedicated to marketing efforts) and limited budget. They questioned whether a joint marketing
plan with our ISPs is effective or whether it continues to spread the limited potential customers
too thin. Should the City stop competing with our ISPs? Group discussed whether AFN should
be the only retailer or whether it would be better to choose a single ISP to be responsible for
everything customer-based (marketing, installation, billing, maintenance, customer complaints,
etc.). Group was also concerned that there is no community benefit in that community residents
pay for it through taxes, or billing surcharges but they get no benefit from paying (no reduced
prices, etc.)
Group discussed how a cost/benefits analysis would be valuable in determining whether having
ISPs competing with the City is economically valuable.
Minutes for the ad hoc AFN Governance Structure Committee
September 8, 2015
Page 3 of 3
Group expressed concerns that there is no "one-stop shop" at the utility counter. In other words,
why can't new customers sign up for AFN along with their utility accounts. Kanner stated that
this separation was put in place around 2012, largely due to staffing issues.
Group determined that with concerns regarding marketing, staffing, pricing, etc., a separate
board or commission to run AFN would be the preferred governance model. They would like
from staffa current breakdown of what are the current responsibilities of the ISPs vs. the City, in
order to have a discussion of the next steps in this process.
Holden stated his concerns regarding having a single ISP. AFN staff have been working with the
ISPs on their concerns and have yet to see a gain in customer counts. They are willing to
continue to work on building trust with the ISPs for long-term relationships.
Group requested that Holden create a bullet-point list of requirements necessary for a single-ISP
operated system (i.e. what requirements might we list in an RFP?). Group discussed the need to
have all rules and requirements on both sides to be delineated very specifically.
Group went around the table and stated what type of governance they would pick if they had to
today. In general, they agreed they would like to see a strong commission to make policy
decisions and two ISPs, one for residential sales, one for commercial sales (or a single ISP, but
with separate contracts and requirements for residential and commercial).
7. Next steps/ meeting schedule
Group would like to discuss at the next meeting the style, membership requirements, and group
responsibilities of other commissions. They will use the Airport, Parks and Recreation, and
Medford Water commissions as examples to determine what would be appropriate for an AFN
commission. Marsh will work with Kanner to provide examples of those commission
memberships and responsibilities for the next meeting.
The next meeting will be October 9, from 3:00 - 5:00 p.m. in the Siskiyou Room.
8. Adjournment
Meeting adjourned at 4:41 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
ASHLAND AIRPORT COMMISSION
September 1, 2015
z MINUTES
Members Present: Bob Skinner, David Wolske, Alan DeBoer, Lincoln Zeve, William Butler,
Bill Skillman, Susan Moen, Lincoln Zeve, Sherm Lucas, Alex Censor and Stefani Seffinger
Staff: Scott Fleury
Members Absent:
Guests: Doug Burman and John Shute
1. CALL TO ORDER: 9:30AM
2. AGENDA ITEM ADDITIONS:
A. Staff informs Commission of training scheduled on October 6 and asks to reschedule
meeting to October 13. Commission agrees to reschedule. Staff will update City
Calendar appropriately.
3. APPROVAL OF MINUTES: August 4, 2015 approved by consent of Commission.
4. OLD BUSINESS:
A. Airport Zoning: Staff explains the updated language sections are part of the
meeting packet. Planning staff was unable to attend meeting due to work
associated with the Normal Ave. Neighborhood Plan. Staff would like planning to
attend and give a presentation on how the process will work before moving
forward with code adoption. Staff asks Commission if they have any changes or
updates to provide planning with regard to the code language in the packet.
Commission would like the definition for hangars to be updated. They do not
believe the word solely should be used for aircraft storage. A hangar can be used
for aircraft storage, but also for tools and equipment related to aircraft
maintenance. Staff to discuss with Planning and schedule them to attend the
October meeting.
B. FBO Lease: No change. Staff still waiting for Legal to finalize.
C. Self Fueling Permit: Staff has made additional changes to permit and sent to Brim
for review. Staff expects to finalize permit work out this month.
D. Electrical Improvements: Staff received a quote from Welburn Electric to perform
electrical system upgrades including channel race, conduit, wire and subpanels to
the 11 enclosed hangars. The total quote for the project was 18k. In order to move
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forward with a project of this cost staff would need to obtain three quotes before
proceeding forward with contractual work. The consensus among Commissioner's
is to not move forward with the total project and invest l 8k into the electrical
system improvements as the payback would be long. Commission would like to
know what the channel race system would cost by itself. Staff to track down
additional quote through Welburn.
5. NEW BUSINESS:
A. Airport Good Neighbor Items: Skinner has no new input regarding good neighbor
items.
B. Airport Website Updates: Staff goes over airport website deficiencies identified
by Burhman. Staff has website pages displayed on screen and goes through them
to discuss with Commission. Staff to update narrative page as Sky Research and
the CAP are no longer onsite. Staff to also combine hangar rentals, hangar leases
and hangar construction into one tab. In addition, staff to work with IT on
webcam integration.
C. Fly Friendly Pamphlet: Staff asks Commission to review attached fly friendly
pamphlet in order to provide appropriate updates for a new printing run.
Businesses will need to change and there is the potential to add taxi information
as well. The flyer is available at the FBO office for airport users and also
available on the website. Staff will follow up at October meeting for changes.
D. Council Report: Butler goes over talking points for the presentation on the 15th.
Butler hands out documents that has bullet points ranging from tourist benefits to
emergency services applications of our airport. Butler asks for input regarding the
bullet points. Commission likes the overall breakdown. Butler to work with staff
in finalizing five minute Council presentation.
6. FBO REPORT(S):
A. Skinner Aviation has been busy all summer with fire fighting flights and spotting
missions. Skinner believes the smoke in the valley has suppressed activities due to
visibility. Also flying zones through temporary flight restrictions (TFR) have been
diminished in Oregon/California and Washington due to smoke and fire fighting
activities.
B. Maintenance Updates: Staff will continue to work on ODA inspection report items of
concern. The tree survey will take place once trees leaf out for fall. This will allow
the surveyors better vision to identify specific trees. The City is currently in the
process of hiring a facilities project manager that will provide additional much needed
help with respect to facility maintenance and improvement projects. Staff expects to
utilize the new person to assist with airport related projects.
7. INFORMATIONAL ITEMS:
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A. Brown Bag: Moen informs group the discussion mainly centered around the
Normal Ave. Neighborhood Plan. No other items of interest.
B. Transportation Commission: No update.
C. Medford Airport: No update
D. Action Item List:
1. Airport Zoning/Riparian Restoration: No change.
2. Paving of dirt areas around the hangers: No change.
3. Entrance Sign Replacement/Animal Signs/ Highway 66 Sign: No Change.
a. security and access signs (Skinner/Brim to review).
4. Hangar Enclosure Project (Staff to work with Skinner): Staff informs Commission
of new short form limited liability contract that could potentially be used for this
project.
5. Staff explained that Legal is developing a contract to allow for lower insurance
requirements for sole proprietors that might work for this project.
6. Transportation to & from airport: No change.
7. Self Fueling Permit: Final edits sent for review.
8. Fire Extinguisher Installation/ Hangar Numbering: No change.
9. Roof Action Plan: No change.
10. Tie Down Chain Repairs: No Updates.
11. Security System Improvements: No Updates.
12. Web Cam Improvements: Staff informs Commission that a site visit by our GIS
manager will be required in order to determine work needed to relink webeams to
the City's website.
13. Update Airport Narrative page and links: Staff to go through list generated by
Burhman regarding changes to website.
E. Airport Users Group: No Updates
OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
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NEXT MEETING DATE: October 13, 2015 beginning at 9:30 AM
ADJOURN: Meeting adjourned at 11:00 AM
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Minutes for the Climate and Energy Action Plan ad hoc Committee
September 8, 2015
Page 1 of 3
MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE
Wednesday, September 8, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Rich Rosenthal called the meeting to order at 1:00 p.m. in the Siskiyou Room.
Committee members Louise Shawkat, Bryan Sohl were present. Staff member Adam Hanks was
present. Committee members Roxane Beigel-Coryell and James McGinnis arrived late.
2. Public Forum
None.
3. Climate Plan Kick Off Event
Rosenthal stated that what we need to discuss is what deliverables are expected, how that
information is compiled and delivered to us.
Cornmillee members.James McGinnis and Roxanne Beigel-Coryell arrived 1:05 p. in.
Kick Off Planning Committee members Marni Kooprnan, Hannah Sohl and James McGinnis
described their initial plans for the event. They are proposing it will be done world-cafe style,
with booths prior to provide information and to record some of the public's ideas. At the world
cafe the main idea will be to connect each section to the questions; what can you do and what
can we do as a community. They described a typical process for world-cafe events.
The group asked how the agenda for overall day would proceed. Currently the plan is to start
with speakers, then have food, concessions, and information booths followed by the world-cafe
events. In general, it will be focused mostly around energy to keep it simple, rather than the
broader "climate change" topic. Also, this is only the first in a series of longer-term events and
discussions.
Group discussed whether the community will have enough base knowledge regarding energy in
order to participate effectively or get much out of the event. McGinnis stated that information
would be going out starting the month prior with presentations to service organizations,
churches, non-profits, etc. and will continue through the lead-up week's activities and into the
actual kick-off event.
Group discussed what questions need to be asked at the kick-off event. Want to use a focus on
Simple, Solvable, and Serious for community takeaways. Group would like questions around
whether or not the community wants to be in-step with State efforts or whether they want to be a
leader i.e. how aggressive and approach is still doable for the community and Council.
Rosenthal gave an overview of the requirements laid out in the contract with Geos.
Bryan Sohl would like us to use the areas of focus from the Fort Collins plan for questions,
including (but not limited to):
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 8, 2015
Page 2 of 3
• Energy
• Green built environment
• Transportation
• Waste reduction
• Energy sources
• Energy creation styles
• Adaptations
Group discussed the possibility of using this to create a vision of Ashland in 2030 or 2050 (time
to be determined). The three steps of the world-cafe process could be l ) what's your vision of
Ashland's future? 2) what can be done to achieve that vision? 3) what are the barriers or
challenges to achieving that vision? They would like the participants to consider how Ashland
may or may not have stepped up to the challenge of climate change 20 years from now.
Group discussed the importance of being more general in order to not be in conflict with other
larger, developed plans such as the Transportation System Plan.
Hanks reminded the ad hoc committee that this is just one event and is not intended to provide all
the information the ad hoc committee may need during its process. Other public forums or events
will be required, with specific focuses as this process moves forward.
Group discussed the possibility of using the speakers froth cities who have developed plans (Fort
Collins, Eugene, etc.) to kick off the world cafe. Perhaps by doing a panel to describe what their
cities did and take questions from participants. Other panel members could be City
representatives to explain what Ashland already has in place.
Group discussed the need for written surveys as well as the world-cafe input, as not everyone is
good with verbal communication. The planning group agreed that they were intending to have a
written component.
Hanks reminded the planning group that a big portion of their contract requires they to provide
names and contact information for everyone involved in the process (from all the events) in order
to keep the community connected to the public engagement portions of the plan creation.
Group agreed that through the whole event planning process everyone needs to consider what
will best benefit the Council so they can make good decisions. A clear hierarchy of community
desires is helpful and can focus this group as well as they process as a whole. Hanks stated that if
the planning group wants staff or Council members involved at all they need to make those
requests early, as that would involved over-time, and scheduling, and possibly notifications and
minute-taking if Council speaks as a group (i.e. Councilors can participate as individuals, but not
as a group without it being an official meeting of the Council requiring notification and minute-
taking.) Staffing requests need to be made of the City Administrator soon.
4. Climate and Energy Action Plan RFP
Hanks stated he had not yet received any input from committee members to clarify what they
want in a consultant. He will continue to build the RFP based on other communities who have
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 8, 2015
Page 3 of 3
done plans and previous discussions with the Conservation Commission but would like the ad
hoc Committee members to give their preferences and opinions. "The draft will be available for
approval at the September 30t" meeting. Group requested copies of the Fort Collins and Eugene
RFPs to help them understand the scope of work. Hanks agreed to give those to the group.
5. Approval of Minutes
Beigel-Coryell/Shawkat m/s to approve the minutes of September 2, 2015 as submitted.
Voice Vote: all ayes. Motion Passes.
7. Agenda Items for Next Meeting
Group agreed that it would pretty much be the same agenda as today.
Rosenthal thanked the group for the good start to this process and appreciated the work already
done by the Kick-off Event's planning group.
8. Public Input #2
Hannah,Wl - encouraged group to have an ad hoc committee member who could be a voice for
low-income residents.
9. Adjournment
Meeting adjourned at 2:10 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 30, 2015
Pagel of 3
MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE
Wednesday, September 30, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Rich Rosenthal called the meeting to order at 5:00 p.m. in the Siskiyou Room.
Committee members Stuart Green, Roxanne Beige]-Coryell, Louise Shawkat, Bryan Sohl and
Greg Jones were present. Staff member Adam Hanks was present. Committee member James
McGinnis arrived late.
Rosenthal welcomed the new members and thanked them for agreeing to participate. Group
introduced themselves.
Rosenthal reviewed the scope of work for the new members.
Approval of Minutes
Shawkat requested that the minutes be altered to reflect that both Bryan and Hannah Sohl were
present and participated in the discussion at the last meeting but the difference was not clear in
the minutes. Sohl stated that Hannah's name was spelled incorrectly as well.
Sohl/Biegell-Coryell m/s to approve minutes with the name clarifications as stated. Voice
Vote: All Ayes. Motion Passes.
2. Public Forum
Marni Koopman, 1206 Linda Avenue, wanted to continue the adaptation discussion from the last
meeting. The plan was originated with a heavy emphasis on mitigation. Most effective is longer-
term adaptation. To protect us now, adaptation is critical. She gave examples, such as the OSF
cancellations of outdoor performances and rafting company shut downs due to air quality issues
caused by fires, etc. Other communities are having similar climate-related problems. Fort Collins
is leading in conservation due to the dramatic events (flooding, fires, etc.) they have faced
recently. GEOS came up with some initial strategies in a 2008 report, which would be good for
this group to use and update as a focus for Ashland. She is happy to answer any questions
regarding adaptation strategies.
Committee member Jim McGinnis arrived at 5:14 p.m.
3. Climate Plan Kick Off Event
Rosenthal asked Koopman to stay to answer questions and participate in the conversation.
Group asked if there are any modifications to the kick-off event plans to those which were in the
September 23rd Conservation Commission packet and the discussion of that date. Koopman
stated that there weren't many, as mentioned at the Conservation Commission meeting the on-
going challenges will be monthly rather than annually. The group is looking for musical guests,
sponsors, etc.
Group asked if the kick-off planners are actively seeking donors. Koopman stated that yes, they
Minutes for the Climate and Fnergy Action Plan ad hoc Committee
September 30, 2015
Page 2 of 3
are seeking donations and sponsorships and have received some from the community and
businesses. They will ultimately make the event work with whatever funds end up being raised.
Rosenthal requested that they do an update at the next committee meeting.
4. Climate and Energy Action Plan RFP
Rosenthal stated that public process requires a very specific, carefully orchestrated process and
he appreciates the work Hanks has put in to the draft thus-far. Hanks gave an overview of an
RFP process.
Group discussed the need to include both adaptation and mitigation strategies. Jones stated that
general science says there is more benefit to looking at both together. Rosenthal is concerned that
the scope of work from the Council is focused specifically on greenhouse gas reduction and
reminded the group that this plan is just the start of the conversation, not the end. Group
determined that direction from Council doesn't preclude adaptation strategies, if they help
achieve overall mitigation. In other words, all mitigations will need to consider adaptations.
Group discussed whether the suggestion from Sohl to include details like use of IPCC AR5
models should be included or are they too specific? Group agreed that requests to use them
should be included, just not as part of the summary as originally suggested by committee
member Sohl.
Group discussed possibly including full-cost accounting (looking at all externalities in relation to
all strategies). Group was concerned this could increase the cost of potential responses too
significantly.
Shawkat wondered if we should specifically include mentions of health or healthcare as part of
bullet #5 under Plan document - contents. Group agreed that this area is part of the "etc." and
would be understood by the contractor.
Group discussed the desire to ensure our plan meets or exceeds requirements in State plans and
doesn't get trumped by other plans (local and State) but is instead a way of helping Council
make good policy decisions across all plans. The hope is to have a plan which is actionable and
achievable and, "doesn't allow Ashland to lose." If we set the bar too high, we may lose overall
by being unachievable. The group hopes this plan will be flexible enough to be altered as goals
are met or amended (`aggressive but successful").
Group discussed the public engagement process section and the desire to have lots of investment
from a variety of sectors, including a wide range of ages, ethnicities, income levels, and
disabilities.
Group discussed why first qualification read, "...with emphasis on Oregon cities." Hanks stated
this is because Oregon has a pretty unique set of laws, rules and regulations. Having an
understanding of where we are unique is important. Group agreed to change the word, "emphasis
on" to "familiarity with."
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 30, 2015
Page 3 of 3
Group was concerned that some of the specific sector requests of Council are not included in the
body of the RFP. Hanks stated that an appendix of all the meetings and information to-date will
be included in the RFP to give responders an idea of requests, tone, and Council and committee
focus. Group agreed including an appendix was a good idea.
Group discussed the need to be as specific as possible to eliminate subjectivity in scoring
whenever possible. This, hopefully, will limit or prevent contractors who want to appeal the final
contractor selection decision.
Jones stated that as there is no regulation of people who do this type of work, we should request
as much in the way of background references as possible (certifications, recommendations, etc.)
Group agreed.
Hanks stated that the scoring listed in the evaluation process is taken from an Engineering
Services RFP, and is not specific to this RFP. The group will need to clarify what scoring
requirements they prefer. Rosenthal stated this will be done at the next meeting.
Group discussed overall expected timeline of RFP process.
7. Agenda Items for Next Meeting
Group requested that future meetings schedule be discussed at the next meeting.
8. Public Input 92
Huelz Gutchen, 2253 Hwy 99, stated that mitigation verses adaptation should always focus more
on mitigation because it's the hardest thing to do. There should be a list of all the options
available with greenhouse gas reduction potential totals and the group should pick those options
which would give the best, quickest outcome. This process should be pedal to the metal. We
need to deal with reality.
9. Adjournment
Meeting adjourned at 6: 46 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Minutes for the Conservation Commission
August 26. 5
Page 1 of 4
MINUTES FOR THE ASHLAND CONSERVATION COMMISSION
Wednesday, September 23, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Roxane Beigel-Coryell called the meeting to order at 6:00 p.m. in the Siskiyou Room.
Commissioners Marni Koopman, Risa Buck, Mark Weir, Bryan Sohl, and Cara Cruickshank
were present. Councilor Rich Rosenthal and staff member Adam Hanks were present.
Commissioners James McGinnis and She] Silverberg were absent.
2. Consent Agenda
Wier/Koopman m/s to approve the minutes of August 26, 2015, with one change from Buck
under the green debris cans update of replacing the words, "a month minimum" to "an
additional fee". Voice Vote: All Ayes. Motion Passes.
3. Announcements
The next commission meeting will be held on October 28, 2015.
Beigel-Coryell will be unable to attend this month's Mayor's Brown Bag meeting with
commission chairs Weir agreed to attend in her place.
October 23 and 24, 2015 will be the Plastic Round Up at the Rogue Disposal transfer station in
White City. More information can be found at jcrecycle.org
Buck informed the group that a new general manager for Recology in Ashland has been selected.
The Ashland Climate Challenge Kick-off planning group continues to meet on the 2nd and 4"'
Wednesdays at 2:00 p.m. The meetings are held at Geos Institute.
The Climate & Energy Action Plan ad hoc Committee the 1 s` and 3`d Wednesdays at 2:00 p.m. in
the Siskiyou Room. There will be an extra, evening meeting, on Wednesday, September 30"' at
5:00 p.m. (also in the Siskiyou Room).
The Council will be holding a study session on October 5"' regarding the proposed
pesticide/herbicide resolution.
4. Public Forum
Jeff Sharpe - wants to encourage the City, via things like the work done in connection with the
Climate and Energy Action Plan, do grow the local economy by hiring local. He stated that
hiring local both grows the economy and grows lively interactions in the community. He
discussed the local multiplier effect. He also encouraged the commission to include in the
upcoming Greenhouse Gas analysis information regarding the huge impact of dropping kids off
at schools, and encouraged them to use this as a focus for the Action Plan moving forward.
Confronting this impact would be a great achievement in the community.
Minutes Im the Conservation Commission
August 26, 2015
Page 2 of 4
Carol Voisin - Stated that she is here as a citizen, not as a Council member. She is bringing a
sample resolution forward to set aside 100 acres on the Imperatrice Property for a solar park. The
research she has done shows there are already easy connection points. She stated that there is
urgency to this project due to the sun-setting of some Federal grants in 2016. She explained how
during the past budget cycle she took this proposal to the Budget Committee but they did not like
Councilors bringing proposals directly to them and so denied the request. Later Council had a
study session regarding the Imperatrice Property history and learned that the property was
originally purchased to cool effluent. CH2MHill is currently working on a study to show how
this could be done. She walked the group through the resolution. She stated that investors and
grants would pay for 50% of the infrastructure and in 15 years we (the City) would inherit that
infrastructure.
The group asked a few questions of Ms. Voisin regarding solar panels, replacement costs, and
feasibility studies on the land. They requested that a longer group discussion be added to the next
agenda. They did state that the resolution as presented does not mention doing a feasibility study
for the project, but instead stated that supporting the resolution means supporting the building of
the project and they may not be comfortable with supporting the project until a study is done.
Additionally, solar projects likely will be a part of the Climate and Energy Action plan, so it is
difficult to approve something outside of that on-going effort.
5. Reports/ Presentations/ Updates
Downtown Recycling a proposal for a pilot program is in the packet. Buck stated that she met
last week with the Chamber of Commerce who have not yet agreed to be the monitors of this
pilot. The cost would be $17 per basket. The signage would be a slightly modified version of the
ones already used by the Parks Department and would include the name of the sponsoring
business.
Weir/Cruickshank m/s to move forward with the downtown recycling pilot program as
proposed. Voice Vote. All Ayes. Motion Passes.
Council Update - Rosenthal read aloud to the group minutes from the Study Session where the
Council spoke about the Imperatrice Property so they could have some background on the
project. He let the group know that on October 6"' the Council will be considering the Normal
Avenue project and on November 2"" Council will discuss a potential ban on smoking in the
downtown core.
City Conservation & Operations - There is information in the packet regarding current solar
programs. Ashland is currently in the top five per-capita of solar installation totals in Oregon. He
gave the group some information regarding the current program and how credits to those who
have panels work.
Hanks stated that our code compliance officer will be working with retailers who have not been
complying with the plastic bag ban to get them into compliance. He reminded the group that we
will soon be doing a survey to businesses regarding the ban, for use by Council in January when
they review the ban. Weir offered to assist in surveying the large retailers (grocery stores) for
more statistical information regarding their bag use. The group requested that this topic be added
to the next agenda.
Minutes for the Conservation Commission
August 26. 2015
Page 3 of 4
SOU Quarterly Update Beigel-Coryell stated that students start moving in tomorrow. The
tnostly-finished renovation of the Science building will be open as well. SOU purchased a new
electric truck. The campus farmstand will be starting on Thursdays from 11:00 - 1:00 p.m.
Author and environmental activist, Dr. Vandana Sheeva, will be doing a presentation on October
14t", it will also be streaming on RVTV.sou.edu.
6. Old Business
Sneak Preview Column Weir/Cruickshank m/s to approve the Climate and Energy Action
Plan article as presented. Voice Vote: All Ayes. Motion Passes.
Koopman/Buck m/s to approve the Energy Efficiency article as presented. Voice Vote: All
Ayes. Motion Passes.
Group discussed whether or not it would be appropriate to have a water conservation article in
early summer. Also discussed wanting to have quarterly updates on the Climate & Energy
Action Plan process. Due to the due dates of the articles, the April edition (due in February) is
probably the earliest month they could feasibly have an update ready. Group agreed this would
be a good goal.
Climate and Energy Sub-committee - Rosenthal stated that the subcommittee has had its first two
meetings and that two new members were appointed at the last Council meeting. Hanks is
drafting an RFP for the project consultant and the committee will be spending the next meeting
reviewing that RFP. Rosenthal thanked the group for getting the ball rolling on this project and
all the work they did prior to the formation of the ad hoc committee.
Ashland Climate Challenge - Koopman stated that the overall layout of the event is in the
packet. The planning group wants residents to take action now - prior to the kick-off event, to
help get people energized for the process. She gave an overview of the challenge, including a
month-to-month reduction challenge. Folks to participate can enter to win raffle prizes. The
group is still looking for potential prizes and would like to know if there are any the City could
provide. The group discussed how the challenge can be expanded in the future. McGinnis
reminded them that the goal in the beginning is to keep things focused (simple solutions).
Koopman asked if City staff could help with the kick-off. Hanks stated that requests needs to go
through him and to the City Administrator.
Koopman asked if the group could assist with getting the word out on First Friday. Cruickshank
and Sohl agreed to assist.
Weir/Cruickshank m/s to request that Council allow Conservation Commission to sponsor
$100 for the kick-off event. Discussion: Sohl believes that the commission should have a bigger
stake in the event, would consider $200 or greater a more appropriate sum. Weir/Cruickshank
agreed to amend the motion to a 5250 sponsorship. Voice Vote on amended motion: All
Ayes. Motion Passes.
Rosenthal encouraged Koopman and the planning committee to consider wording changes in the
Minutes for the Conservation Commission
August 26. 2015
Page 4 of 4
"solutions" section of the challenge list. This should be more about education and not about
pushing a specific agenda. Koopman agreed to look at requested changes.
Pesticide/Herbicide Discussion - Cruickshank stated there is a draft resolution in the packet. The
group bringing this to Council have agreed to remove Section D about testing and the reference
to the Conservation Commission. Group discussed what other commissions or groups have been
approached for support and whether or not they would like to support the resolution.
Cruickshank/Weir m/s that the Commission support this resolution as proposed, with the
section removed as Cruickshank previously stated. Discussion: Group discussed how
awkward it is to support a draft form of a resolution. Weir and Sohl both stated that while they
agree that these are dangerous, they can't vote yes on this resolution without having done more
research. Roll Call Vote: Weir, Sohl - no. Buck, Cruickshank, Koopman, Beigel-Coryell -
yes. Motion Passes 4-2.
Sohl and Weir both reiterated that they want to support this they just don't currently feel they
have done enough background research on the topic.
7. New Business
SOCAN Climate Summit - Buck requested that the commission support this event. She isn't
asking for financial support, as we're too late in the process for that.
Weir/Sohl m/s to ask that Council agree to support SOCAN with a zero-dollar sponsorship.
Voice Vote: All Ayes. Motion Passes.
Compost Classes - Buck stated that the final class was last week, and it was one of the best. She
offered a big thank-you to Weir for teaching part of the class. She would like to form or re-form
the subcommittee on compost classes to plan for future classes.
Buck/Cruickshank m/s to reconstitute the subcommittee with the commissioners who
volunteered to participate (Buck, Weir, Koopman, and Beigel-Coryell). Voice Vote: All
Ayes. Motion Passes.
8. Wrap Up
Group requested that Earth Bowl sponsorship be discussed again at the next meeting. Group
requested that Hanks send information regarding the Imperatrice property. He agreed to send
what was in the recent City Council packet and requested that if anyone has questions, they send
them soon so he can have Public Works staff respond. Group also agreed to add storm drain care
education to the next agenda.
Meeting adjourned at 8:02 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
CITY OF
-ASHLAND
Council Communication
November 3, 2015, Business Meeting
Appointment to Forest Lands Commission
FROM:
Barbara Christensen, City Recorder, christeb a,ashland.or.us
SUMMARY
Confirm Mayor's appointment of Stephen Jensen to the Forest Lands Commission with a term to
expire April 30, 2018.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Forest Lands Commission.
Ashland Municipal Code (AMC) Chapter 2.17.020
COUNCIL GOALS SUPPORTED:
None.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Motion to approve appointment of Stephen Jensen to the Forest Lands Commission with a term to
expire April 30, 2018.
SUGGESTED MOTION:
Motion to approve Stephen Jensen to the Forest Lands Commission with a term to expire April 30,
2018.
ATTACHMENTS:
Attached
Page 1 of l
ILTALA&M
CITY OF
-ASH LAN
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@ashtand.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Requesting to serve on: v S (Commissi *Committee)
Address 3S-` c lis S-~ ~
S, Phone: H-erm C3 3
Occupation s2
cz GYt ' Work
Email
Fax
1. Education Background
What schools have you attended? 1
What degrees do you hold? tiA
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that/ ovould help you if you were appointed to
this position? y+~E' AIL=
Do you feel it would be advantageous for you to I)aye furl er training in this field, such
as attending conferences or seminars? Why?
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3. Interests
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Why are you applying for this position9
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4. Availability
7 regularly scheduled
Are you available to attend special meetings, in addition Tlpn-
meetings? Do you prefer day or evening meetings? S Gs?
5. Additional Information's I
How long have you lived in this community? I I'i
Please use the space below to summarize any additional qualifications you have for this
position
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Date Signature
IN
Stephen E. Jensen
355 Otis St., Ashland, Oregon 97520
(541) 890-6353 sjensen355@gmail.com
EDUCATION
o Southern Oregon University
M.S. Ed (Integrated Science), 1998
Additional Endorsements: English, Social Studies
o California Polytechnic State University, San Luis Obispo
BS, Soil Science, 1982
o St. Vincent High School, Petaluma, CA.
College Preparatory, 1967
MILITARY
o United States Army, medic and surgery specialist, Vietnam, (1968-1970)
101St Airborne Division, Hue and Quang Tri
American Spirit Honor Medal, Honorable Discharge
CAREER HIGHLIGHTS
o South Medford High School, 911 grade science, 10th grade social studies (9/99 to 6/11)
o Ashland Middle School 7th- 811' grade science teacher (8/98 to (6/99)
o HiWay umber Co., Medford, OR, General Manager (3/92 to 5/96)
Responsible for all operations (12-14 employees), Increased gross sales by 45% in the first
year. Directed major store remodel and computerization. Wrote first personnel policy.
o Roque Pacific Lumber Co. Medford, OR, General Manager (4/85 to 1/92)
Responsible for all operations, sales (25-30 employees).
o Grower's Refrigerating rating Co._(Naumes, Inc.), Medford, OR, General Manager (8/82 to 2/85)
o California Polytechnic State University, undergraduate student (1979 to 1982)
o Trans-Alaska Pipeline, Fairbanks, AK. semi truck driver/equipment operator (1975 to 1978)
o Oregon Highway Dept., Prospect, OR. truck driver (1973 to 1975)
o Skeeters and Skeeters Logging , Talent, OR. choker setter, laborer (1971 to 1973)
SKILLS AND ACCOMPLISHMENTS
o Secondary ed endorsements in Physical Sciences, English, and Social Studies (retired)
o Capable in sign language (alphabet)
o Chairman, Ashland Forest Lands Commission (2003-2005)
o Ashland Food Project, district coordinator (current)
o Southern Oregon University Brain Bowl Tournament, director (current)
o President of the Fish Lake Homeowners Association for 3 years
o Engaged in full computerization of two different lumber companies (1988, 1993)
o Completed 4 year undergraduate science degree at Cal Poly in 3 years.
o Built and sold three homes as independent investment projects (1979, 1995, 1996)
o Owner of rental properties
o Skillful in the operation of chainsaw, power tools, heavy equipment, heavy trucks
o Able gardener. tomatoes, onions, garlic, prized dill pickles
o Married for 37 years and have a wonderful wife and two remarkable children.
CITY OF
ASHLAND
Council Communication
November 3, 2015, Business Meeting
Resolution Adopting a Supplemental Budget Establishing Appropriations within
the Biennium 2015-17 Budget
FROM:
Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us
SUMMARY
Staff has identified the need to request a supplemental budget due to the award of several grants to the
Fire Department for forest resiliency, firewise and wildfire protection activities and, to the Police
Department for the acquisition of body cameras. A supplemental budget is requested in the Equipment
Fund to adjust how gasoline purchases are accounted for between funds. The approval of the
supplemental budget request allows both the revenues and expenses to occur and be booked in the
2015-17 biennium.
BACKGROUND AND POLICY IMPLICATIONS:
There are three ways in which to change appropriations after the budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget Law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations. This process includes a notice in a
newspaper of record prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing prior to the Council taking
action.
The proposed resolution authorizing the supplemental budget is less than 10 percent of the total
appropriations within the General Fund (Item 42 above) and totals $123,588 for grant revenues and
reimbursement for services rendered in the General Fund, as summarized below:
• Fire Department - to appropriate for added funding for Ashland Forest Resiliency Project,
funding part time staff and materials $56,557
• Fire Department - to appropriate for Jackson County 'Title III Firewise grant for operational
expenses $15,595
• Fire Department - to appropriate for Jackson County Title III Community Wildfire Protection
Plan for operational expenses $18,000
• Police Department - to appropriate for grant monies being shared with Ashland by Medford to
acquire standardized body cameras and software. $33,436
Page I of 2
Fr,
CITY OF
ASHLAND
• Equipment Fund, Public Works, Maintenance - to recognize and appropriate the purchase and
sale of gasoline between departments, this change better meets accounting and auditing
standards as requested by the city audit firm $450,000
TOTAL APPROPRIATIONS INCREASED 5573,588
FISCAL IMPLICATIONS:
Supplemental budgets recognize increased revenues as well as increase corresponding appropriations
in the fund(s) where they occur.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends council approve the proposed resolution.
SUGGESTED MOTION:
I move to adopt a resolution authorizing a supplemental budget in the General Fund in the amount of
$123,588 and in the Equipment Fund of $450,000 as presented.
ATTACHMENTS:
Proposed Resolution
Supplemental Budget Memo, Police Department
Supplemental Budget Memo, Fire Department
Legal ad noticing the supplemental budget
Page 2 of 2
,r,
RESOLUTION NO. 2015-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET
INCREASING APPROPRIATIONS WITHIN THE
2015-2017 BIENNIUM BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing the following additional
appropriations:
General Fund
Appropriation: Police Department $33,436
Fire and Rescue Department $90,152
Resource: Intergovernmental Revenues $123,588
To appropriate additional funds from the Ashland Forest Resiliency Project. To appropriate
additional funds from Title III Firewise grant. To appropriate funds from Title III Community
Wildfire Protection Plan Grant. To appropriate funds from the City of Medford for body cams.
Equipment Fund
Appropriation: Public Works - Maintenance $4 ,
Resource: Charges for Services 0
To appropriate additional revenues from fuel sales within the City and for additional costs of
purchased fuel.
Page 1 of 2
573 588
TOTAL ALL FUNDS $573,588
SECTION 2. All other provisions of the adopted 2015-2017 BIENNIUM BUDGET not
specifically amended or revised in this Supplemental Budget remain in full force and effect as
stated therein.
SECTION'). This resolution was duly PASSED and ADOPTED this day of November,
2015, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of November, 2015:
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 2 of 2
CITY C 3F
-ASHLAND
Budget Supplemental Request
Date: October 15, 2015
Department: Police
Explanation of request:
We recieved a check from the Citv of Medford for $33436.17. This money was
given to us for allowinq one of our Officers to work with MADGE. This monev
%g3(4441t7.hase hn v rampras. and s.nftwarp to -,ijl)l nrt tham WP
are lookong to deposit this money with the intent of spending it on
h_nr]i rnmpras. this. figral ~tpar
New Revenue
Account Number Line Item Name Amount
110.430272 Police-Grants $33,436.17
Total Amount of Transfer $ 33,436.17
Additional Appropriations (Expense)
Account Number Line Item Name Amount
Total Amount of Transfer $ 0.00
Requested B : = ~~E
B
Approved
epartment Head
CITY OF
ASHLAND
Memo
DATE: September 25, 2015
TO: Lee Tuneberg, City Financial Officer
Cindy Hanks, Accounting Manager
FROM: Chris Chambers, Forest Division Chief
RE: Fire Department General Fund Budget Supplement Request for BN 16-17
The following are budget supplement requests for the current biennial budget in the Fire Department
(General Fund). "These are items that are previously unbudgeted expenditures with corresponding
revenues with the proposed addition of one .5 FTE temporary position in the Fire Department.
FOREST INTERFACE ACCOUNT (GENERAL FUND, FIRE DEPARTMENT)
ASHLAND FOREST RESILIENCI'PROJECT
The City recently signed a supplemental agreement in the AFR Project that allocates money to the City
for expenses including a proposed .5 FTE project assistant for one-year in duration. There are also
operating funds for materials and expenses. This includes an allowable 16% administrative fee.
$52,399.52 Personal Services Temp Employee
110.07.29.00.510200 for Personal Services
$3,480 for Materials and Services
110.07.29.00.604160
$56,557.36 TOTAL AFR PROJECT
JACKSON COUNTY TIRE III FIREYVISE GRANT
This grant is an extension of a FYI 5 Title III grant from Jackson County for Firewise Communities
program expenses.
$15,594.83
110.07.51.00.610355
1
JACKSON COUNTY TITI E III CIVPP GRANT
This grant is the second year of a FYI 5-16 Title III grant from Jackson County for Community Wildfire
Protection Plan (CWPP) expenses. The Wildfire Mitigation Commission is beginning the process of
updating this document and is spending this grant at the current time.
$18,000
110.07.29.00.604160
SUMMARY (General Fund, Fire Department)
AFR Project $ 56,557.36
Title III Firewise Grant $ 15,594.83
Title III CWPP Grant $ 18,000.00
TOTAL $90,152.19
z
CITY C:10111'
-SHLAND
Budget Supplemental Request
Date: 10/1612015
Department: Public Work _
Explanation of request:
To recognize fuel Durchses as revenue and as an expense instead of
inventorv. This is per the Aduitors
$ 450,000.00
New Revenue
Account Number Line Item Name Amount
730.440168 Fuel Sales 450 000.00
Total Amount of Transfer $ 450,000.00
Additional Appropriations (Expense)
Account Number Line Item Name Amount
730.08.24.00.602120 Fuel $ 450,000.00
Total Amount of Transfer $ 450,000.00
Requested By:
Approved By: _
Department Head
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CITY OF
ASHLAND
Council Communication
November 3, 2015, Business Meeting
Approval of a Change Order in Excess of 25% for the Oxidation Ditch Wetland
Delineation
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us
SUMMARY
Council is asked to approve a change order in excess of 25% for work required to complete the
wetland delineation for the oxidation ditch expansion project and wetland determination for the Bear
Creek trunkline improvement as specified in the Wastewater Master Plan.
BACKGROUND AND POLICY IMPLICATIONS:
The City is in the process of finalizing loan documents with the Department of Environmental Quality
(DEQ) for construction of a new oxidation ditch and several sewer line improvement projects,
specifically the Bear Creek trunkline project. DEQ rules require applicants to follow the State
Environmental Review Process (SERP) as part of the loan documentation process. The SERP process
allows applicants and DEQ to obtain a better understanding of potential environmental hurdles
associated with infrastructure related projects.
In order to finalize the SERP documents staff contracted with Alpine Environmental Consultants
(AEC) to perform a wetland delineation and wetland determination for the new proposed oxidation
ditch expansion area and along the Bear Creek Trunkline.
AEC in working with staff originally estimated the need to only analyze 5,000 feet of the Bear Creek
Trunkline. Once the project started, AEC consulted with staff, the Army Corp of Engineers and the
Division of State Lands (DSL), and it was determined the complete length of the trunkline should be
analyzed equating to an additional 10,000 feet of wetland determination length. This additional
analysis is the driving factor for a change order on the project. Having a complete wetland
determination for the entire length of the trunkline will also benefit the City on any future upgrades or
repairs along the trunkline outside of where the current master plan calls for improvements.
The change order also takes into account additional hours that may be required to address DSL or
Army Corps questions and field verifications. If no additional work is required these funds will not be
used.
FISCAL IMPLICATIONS:
The additional funds will come from monies budgeted within the current biennium for sewer system
improvement projects, specifically for the Trunkline improvements and the Oxidation Ditch expansion
project.
Page I of 2
V
~r,
CITY OF
ASHLAND
COUNCIL GOALS:
• Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle
costs
• Deliver timely life-cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning, management, and financial resources
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the contract amendment with AEC for an additional $7392.61, as this
work is required to finalize documentation associated with a state revolving fund loan for sewer system
projects. This loan is estimated to have a 1.5% interest rate, which is a substantial difference between
the financial forecast in the master plan of 5% for loans.
SUGGESTED MOTIONS:
I move approval of a contract amendment with AEC for an additional $7367.61.
ATTACHMENTS:
1. Contract Amendment Form #10
2. Alpine Environmental Consultants Memo
Page 2 of 2
~r,
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
Name of Supplier I Contractor 1 Consultant: Alpine Environmental Consultants Total amount of this
contract amendment:
Purchase Order Number: 12684
Title I Description: Wetland determination support for the Bear Creek Trunkline and wetland $
delineation support for the oxidation ditch expansion projects.
❑ Per attached contract amendment
Contract Amendment
Original contract amount $14,000 100 % of original contract
Total amount of previous contract amendments $0.00 % of original contract
Amount of this contract amendment $7367.61 52.6 % of original contract
TOTAL AMOUNT OF CONTRACT $21,367.61 152.6 % of original contract
In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and
conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services
to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract, b) The City determines that, with all things considered, the
amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document,
contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the
amendment in the procurement documents, it would likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES NO' (If "NO", requires Council approval 1 Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or
❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50
amendments s $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and
❑ If "NO", amount exceeding authority requires < 25% of original contract amount or $250,000 cumulative amendments $100K for Goods & Services,
Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees.
Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council
❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication.
PERSONAL SERVICES Communication. ❑ Exempt -Reason:
® "YES", Direct appointment $35,000 ❑ Exempt- Reason:
❑ If "NO", requires approval.
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods & Services - $5,000 to $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the
Personal Services - $5,000 to $75,000 25% of original contract amount or $250,000 emergency, including necessity and circumstances
❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment
amendments < 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City
"NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑ Exempt - Reason: ❑ Exempt- Reason: ❑ Exempt- Reason: _
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council.
within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date)
Procurement. If "NO", Council approval is required. Attach copy of Council Communication.
❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach co of Council Communication.
Project Number 2013-20 Account Account
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
Employee Signature: Department Head Signature:
(Total amount of contract ? $5,000)
City Administrator:
(Equal to or greater than $25,000 or 10%)
Funds appropriated for current fiscal year: YES / NO
Finance Director (Equal to or greater than $5,000) Date
Comments:
Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 10/28/2015
-01000~
Alpine Environmental Consultants, LLC
12208 Antioch Road
White City. Oregon 97503
541.944.4685
jvvillianis(c alpine-env-Ile.com
October 26, 2015
Mr. Scott A. Fleury, Engineering Services Manager
City of Ashland, Public Works
20 East Main Street
Ashland, OR 97520
RE: Change Order Request Associated with Wetland Determination Support for the Bear
Creek Trunkline Project and Wetland Delineation Support for the Oxidation Ditch
Expansion Project
Dear Mr. Fleury,
As you have requested and we have discussed, this letter documents work that has already
been completed by Alpine Environmental Consultants, LLC (AEC) for the City of Ashland (City)
on two City projects. This wetland-related environmental services work was in addition to the
original work scope, was technically appropriate, and was needed so that AEC could submit two
reports to the Oregon Division of State Lands (DSL) in July and August of 2015. This additional
work was completed in support of the City's Bear Creek Trunkline Project for which a wetland
determination report was submitted, and for the City's wastewater treatment plant (WWTP)
for which a wetland delineation report was submitted in support of the future Oxidation Ditch
Project.
Background
Per AEC's proposal dated December 29, 2014, the original budget for completing the
aforementioned wetland-related environmental services work was not to exceed $14,000, with
the work to be completed on a time and materials basis. However, due to unanticipated
conditions, additional labor was required to complete the field and reporting tasks. Total
expenditures to date include the following:
1 Page Alpine Environmental Consultants, LLC
Mr. Scott Fleury
October 26, 2015
• Work completed during the period March through May 2015, already invoiced, and paid
by the City, $2502.50.
• Work completed during June 2015, already invoiced and paid by the City, $11,605.11.
• Work completed during the period July and August 2015, documented in the attached
invoice, $4,840.
This brings the total cost of work completed to date to $18,947.61. The primary reason for the
budget exceedance to date is associated with the wetland determination for the Bear Creek
Trunkline Project. As described in AEC's proposal dated December 29, 2014, both AEC and the
City had assumed the Bear Creek Trunkline Project would involve a wetland determination
along approximately 6,500 feet of sewer line. However, based on the City's plans and
observations made in the field during the wetland determination work, the actual linear
distance of the Bear Creek Trunkline Project requiring both field observations and report
documentation was approximately 15,000 feet. Additional wetland-related features (i.e.
wetlands, surface water, culverted creeks) were identified along this additional linear distance,
and these features required appropriate documentation to meet DSL and U.S. Army Corps of
Engineers (USACE) requirements.
As we have discussed, occasionally the DSL and/or the USACE will request revisions be made to
reports and/or they will request a field visit to verify the accuracy of reports. Per your request,
AEC has prepared a cost estimate for this type of work, should it be necessary. Assuming 16
hours of labor will be needed by Don Martin and 4 hours of labor will be required by me to
complete this potentially necessary work, the estimated cost calculated consistent with the
schedule of professional fees for these projects is $2,420.
Please feel free to contact me at 541-944-4685 or jilliams@alpine-enc-lic.com if you have any
questions or require additional information to support this change order request.
Sincerely,
Alpine Environmental Consultants, LLC
Jonathan D. Williams, RG
Senior Hydrogeologist, Principal
Attachment; Invoice for Work Completed in July and August 2015
2 1 Page Alpine Environmental Consultants, LLC
CITY OF
-ASH LAN D
Council Communication
November 3, 2015, Business Meeting
Biennium 2015-2017 First Quarterly Financial Report
FROM:
Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us
SUMMARY:
The Administrative Services Department submits reports to Council on a quarterly basis to provide
assurance of budget compliance and for informational and comparative purposes throughout the year.
This report is for the "first quarter" covering July through September 2015 of the two-year budget with
comparisons to budget, between years and to other periods. Even though we have tried to simplify our
comparisons they can be complex, thus confusing, and we apologize for this in advance.
BACKGROUND AND POLICY IMPLICATIONS:
Financial reports are intended to present information in formats consistent with the department, fund
and business activity presentations included in the adopted biennium budget document and the manner
in which they will be shown in the end of year report.
Quarterly reports are prepared by staff to keep Mayor and Council current on the financial conditions
of the city. Presenting financial reports on a regular basis allows Council and top management to ask
questions and for staff to highlight trends and anomalies and to make recommendations on necessary
changes in a timely fashion.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in
the Administrative Service Department office should Council require any additional information.
COUNCIL GOALS SUPPORTED:
ORGANIZATION AND GOVERNANCE GOAL (2015-17)
Provide high quality and effective delivery of the full spectrum of city service and governance in a
transparent, accessible and fiscally responsible manner.
FISCAL IMPLICATIONS:
This report reflects operations to date on the biennial budget. This being the first quarter of the first
year there is not a lot to discuss. Revenues and expenditures are close to projections and variances are
reasonable. This report will also be shared with the Citizen Budget Committee and may be the basis of
discussion at the November 19, 2015, meeting.
Additional information can be made available if so desired by Council.
Page I of 2
CITY OF
-ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council accept the quarterly report.
SUGGESTED MOTION:
I move to accept the first quarterly financial report for BN 2015-2017.
ATTACHMENTS:
Management Discussion and Analysis
Financial Statements
Page 2 of 2
PI,
Management Discussion and Analysis
September 30, 2015 Financial Report
This is the first quarter of a new biennium budget period. This report references first quarter comparisons of the current
fiscal year (FY 2015-16) to the prior fiscal year (FY 2014-15) , and in some cases budget comparisons between the 2017-19
and 2015-17 biennia.
A. Note the charts and table on page one reflect an increase of cash beween years of $2.4 million. The largest
increases were in the Water and Wastewater Funds. 'I he approximate $1.0 million increases in both the Water and
Wastewater Funds were the result of additional revenue from rates outpacing changes in operating and capital
expenditures. Part of the Water cash increase is due to reimbursement in the current year for project expenditures in
the prior year. The I Icalth Benefits Fund's increase in cash between first quarters was primarily from a $500,000
transfer from the Insurance Fund late in FY 2014-15. The Electric Fund's cash decrease of $800,000 can be traced
to increased purchases of inventory at the same time that outstanding commitments were reduced through payments
(think of money outflow by buying inventory and paying off outstanding bills).
B. Seventy-five percent of all cash was restricted in some fashion ]caving $7.1 million for operations.
C. There are no budget violations at this point; however, some departments have made their routine upfront payments
on contracts or debt service thus expending more than the 12.5% proration of budget.
D. First quarter Revenues city-wide are consistent with prior years.
Notable city-wide revenue points:
Development fees and charges (system development charges) are less than half of what they were for the first
quarter of last year indicating a slowing down relating to reduced construction activity. The prior year numbers
include an increased level of new construction.
Charges for services (rates) have increased 4.5% from the first quarter last biennium. They are up 7.5% at the end
of this quarter over the same quarter, prior year. Sales of electricity in dollars are up 5%. with the kilowatts of
electricity sold at 1 % over the amount sold in the first quarter of the previous year. Sales for water and wastewater
were both up 1 1 The quantity of water sold in the first quarter was relatively flat with the amount sold in the first
quarter of the previous year. The revenue increases arc consistent with the rate changes made in July 2015.
Parks' Charges for Services revenue from the City's General Fund budget in this biennium are $4,680,000 for the
first year and $4,880,000 for the second year. 'The City is on track with payments to Parks' of $1.170,000 (25% of
the first year of this biennium budget).
More detail can be found in the fund statements that follow.
Notable city-wide expense points:
As of this quarter, City-wide operating expenditures were 12.1 % of the biennium budget (under 12.5% prorate share
of the biennium). Capital expenditures were $499.519, about I% of budget. As should be expected, the timing of
capital expenditures follows project schedules rather than a prorated calculation.
In the General Fund, Police Department Operations' materials and services expenditures increased 61 % over the
prior year's first quarter. Additional costs were for technical supplies and equipment such as tasers and cameras.
Also, the You Have Options Progrmn and the corresponding $40,000 of funding were transferred to the Jackson
County Sheriff's Department for operational management contributing to the increased percentage.
Street Fund, Street operations' personal services and materials and services were up approximately 27% over the
prior year. Additional temporary employees were used to cover the additional infrastructure projects.
No interfund loans or repayments have been made this year. $869,238 of transfers was done the first quarter to
cover debt service payments and other uses approved within the biennium budget. Of the total $2,456,240 budgeted
this period the $500,000 from the Insurance Fund to the Health Benefits Fund will not be done since it was
accomplished via a supplemental budget at the end of June 2015 as good measure to ensure adequate ending fund
balance and cash on hand to finish the fiscal year.
Ending Fund Balances/Workine Capital Carryover
As is the norm, actual carryovers varied from projected amounts in every fund. They always do. However, the
larger variances relate almost exclusively to changes in the last quarter of the fiscal year (and biennium) for capital
projects and equipment purchases. Estimates for financing subsequently not needed and capital expenditures that
could not happen because of timing, weather or changes in project priorities caused significant deviations from those
projected in late March. As usual, the Street, Capital Improvements, Water. Wastewater, Electric, Equipment and
Parks CIP funds all experienced understandable variations for the above reasons. Also, the supplemental budget
transfer from the Insurance Fund to the I lealth Benefits Fund did cause a change in dollars and a variation in each
funds' projections but ultimately had no impact city-wide only, a shift in where the dollars were counted.
Additional information can be viewed in the attached reports or provided as desired.
The attached reports include:
1. Summary of Cash & Investments (year to year comparison) page 1.
2. Statement of Revenues and Expenditures-City Wide (biennium basis) - page 2.
3. Schedule of Budgetary Compliance per Resolution(s) (biennium basis) - pages 3-6.
4. Statements of Resources, Requirements and changes in Fund Balance (fund financial statements) - pages 7-25.
City of Ashland
Summary of Cash and Investments
September 30, 2015
Balance Balance Change From
Fund September 30, 2015 September 30, 2014 FY 2015
General Fund $ 856,485 $ 1,211,756 $ (355,271)
Community Block Grant Fund 29,203 24,667 4,536
Reserve Fund 199,782 63,829 135,953
Street Fund 5,273,868 4,874,905 398,963
Airport Fund 121,882 80,441 41,441
Capital Improvements Fund 2,440,606 2,042,839 397,767
Debt Service Fund 122,794 165,934 (43,140)
Water Fund 4,915,116 3,916,107 999,009
Wastewater Fund 5,053,261 4,127,404 925,857
Electric Fund 1,157,630 1,959,655 (802,025)
Telecommunications Fund 194,351 213,393 (19,042)
Central Services Fund 1,598,240 1,421,847 176,393
Insurance Services Fund 1,119,863 1,678,744 (558,881)
Health Benefits Fund 1,043,344 338.303 705,041
Equipment Fund 3,003,761 2,741,025 262,736
Cemetery Trust Fund 927,429 906,077 21,352
$ 28,057,617 $ 25,766,926 $ 2,290,691
Parks & Recreation Agency Fund 910,393 761,309 149,084
910,393 761,309 149,084
Total Cash Distribution $ 28,968,010 $ 26,528,234 $ 2,439,776
Manner of Investment
General Banking Accounts $ 1,607,065 $ 822,235 $ 784,830
Local Government Inv. Pool 26,360,945 24,705,999 1,654,946
City Investments 1,000,000 1,000,000 -
Total Cash and Investments $ 28,968,010 $ 26,528,234 $ 2,439,776
Dollar Distribution Cash Balance Distribution
Central Services, Parks and
Insurance and Recreation Funds
Equipment Funds 3% Clami Trust
23% Judgments $9P7477 Unassigned
$833,334 3S $7,128,294
3 % 25%
SDC's TOT Tourism
! - $6,760,284 $99,'108
23% Library 0%
$56,587 Asset Forfeited
Other (General 0 %
Government) $29,678
0
35% Debt Reserved
Business Type $1,970,501
Funds 7% Other Reserved
39% $11,162,746
39%
3_ Sep FY16 Financial Report. dax 1
10120/201 5
City of Ashland
Statement of Revenues and Expenditures - City Wide
As of September 30, 2015 ( 12.5% of biennium)
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
Resource Summary (3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
Revenues
Taxes $ 2,066,946 $ 45,305,576 4.6% $ (43,238,630) $ 1,934,374 $ 42,178,084
Licenses and Permits 232,942 1,910,425 12.2°% (11677,483) 511,331 1,872,797
Intergovernmental Revenues 639,624 13,095,981 4.9% (12,456,357) 406,633 6,078,233
Charges for Services - Rate&Internal 13,908,419 109,265,598 12.7% (95,357,179) 13,305,924 97,941,318
Charges for Services - Misc. Service fees 451,823 2,980,052 15.2°% (2,528,229) 395,932 2,922,427
System Development Charges 123,098 592,416 20.8°% (469,318) 259,351 1,134,394
Fines and Forfeitures 51,048 410,000 12.5°% (358,952) 44;780 362,187
Assessment Payments 22,808 520,000 4.4% (497,192) 53,193 126,991
Interest on Investments 41,849 369,358 11.3% (327,509) 41,175 356,651
Miscellaneous Revenues 165,732 1,200,678 13.8°% (1,034,946) 422,595 3,141,882
Total Revenues 17,704,290 175,650,084 10.1% (157,945,795) 17,375,287 156,114,964
Budgetary Resources:
Other Financing Sources - 26,935,724 0.0% (26,935,724) 674,370 1,838,589
Interfund Loans 2,171,200 0.0°% (2,171,200) 889,795 1,684,795
Transfers In 869,238 2,456,240 35.4°% (1,587,002) 433,046 1,897,442
Total Budgetary Resources 869,238 31,563,164 2.8% (30,693,926) 1,997,211 5,420,826
Total Resources 18,573,528 207,213,248 9.0% (188,639,721) 19,372,498 161,535,790
Requirements by Classification
Personal Services 7,302,224 61,160,136 11.9% 53,857,912 7,299,174 55,146,073
Materials and Services 11,377,238 91,899,901 12.4°% 80,522,663 10,903,185 80,154,005
Debt Service 1,135,205 10,632,044 10.7% 9,496,839 1,220,874 9,220,534
Total Operating Expenditures 19,814,667 163,692,081 12.1% 143,877,414 19,423,233 144,520,612
Capital Construction
Capital Outlay 499,519 52,653,451 0.9% 52,153,932 2,808,975 14,464,960
Interfund Loans - 2,171,200 0.0% 2,171,200 889,795 1,684,795
Transfers Out 869,238 2,456,240 35.4% 1,587,002 633,046 1,897,442
Contingencies (Original Budget $3,085,000) - 3,085,000 0.0% 3,085,000 - -
Total Budgetary Requirements 869,238 7,712,440 11.3°% 6,843,202 1,522,841 3,582,237
Total Requirements 21,183,424 224,057,972 9.5% 202,874,548 23,755,049 162,567,809
Excess (Deficiency) of Resources over
Requirements (2,609,896) (16,844,724) 84.5% 14,234,828 (4,382,551) (1,032,019)
Working Capital Carryover 32,934,606 30,057,011 109.6% 2,877,595 33,966,626 33,966,626
Unappropriated Ending Fund Balance $ 30,324,710 $ 13,212,287 229.5% $ 17,112,423 $ 29,584,075 $ 32,934,606
3. Sep FV16 Financial Repwtzlsx 2
.2m2ois
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2015-19
As of September 30, 2015 ( 12.5% of biennium)
Biennial to date
actuals (3 Biennial Budget Percent
Months) 2015-2017 Used Balance
General Fund
Administration $ 74,643 $ 645,639 11.6% $ 570,996
Administration - Library - 47,657 0.0% 47,657
Administration - Tourism 7,997 315,901 2.5% 307,904
Administration - Municipal Court 117,495 1,056,830 11.1% 939,335
Administrative Services - Social Services Grants 129,160 267,933 48.2% 138,773
Administrative Services - Economic & Cultural Grants 373,886 1,695,033 22.1% 1,321,147
Administrative Services - Miscellaneous 10,526 269,000 3.9% 258,474
Administrative Services - Band 37,738 130,550 28.9% 92,812
Administrative Services - Parks 1,170,000 9,560,000 12.2% 8,390,000
Police Department 1,731,500 13,544,844 12.8% 11,813,344
Fire and Rescue Department 1,765,776 15,780,502 11.2% 14,014,726
Public Works - Cemetery Division 99,675 755,365 13.2% 655,690
Community Development - Planning Division 333,537 2,886,423 11.6% 2,552,886
Community Development - Building Division 175,339 1,459,230 12.0% 1,283,891
Interfund Loan - 66,000 0.0% 66,000
Transfers 197,070 518,570 38.0% 321,500
Contingency - 697,000 0.0% 697,000
Total General Fund 6,224,342 49,696,477 12.5% 43,472,135
Community Development Block Grant Fund
Personal Services 7,921 65,420 12.1% 57,499
Materials and Services 17,904 374,378 4.8% 356,474
Total Community Development Grant Fund -25,825 X9,,798- 5.9% 973
Reserve Fund
Interfund Loan - 850,000 0.0% 850,000
Total Reserve Fund - a0b 0.0%
Street Fund
Public Works - Ground Maintenance 65,839 494,400 13.3% 428,561
Public Works - Street Operations 620,158 12,991,770 4.8% 12,371,612
Public Works - Street Operations Debt - 246,710 0.0% 246,710
Public Works - Storm Water Operations 151,549 1,312,700 11.5% 1,161,151
Public Works - Storm Water Operations Debt - 25,300 0.0% 25,300
Public Works - Transportation SDC's 2,956,854 0.0% 2,956,854
Contingency - 99,000 0.0% 99,000
Total Street Fund 837,546 18,126,734 4.6% 17,289,188
Airport Fund
Materials and Services 14,572 460,943 3.2% 446,371
Capital Outlay - 40,000 0.0% 40,000
Debt Service 77,072 0.0% 77,072
Contingency - 13,000 0.0% 13,000
Total Airport Fund 14,572 591,015 2.5% 576,443
3. Sep Hl Flnanual Rep,t Isx 3
10001 s
Schedule of Budgetary Compliance Per Resolution #2015-19
As of September 30, 2015 ( 12.5% of biennium)
Biennial to date
actuals (3 Biennial Budget Percent
Months) 2015-2017 Used Balance
Capital Improvements Fund
Public Works - Facilities 176,264 2,820,650 6.2% 2,644,386
Administrative Services - Open Space (Parks) - 3,707,182 0.0% 3,707,182
Transfers 38,981 277,370 14.1% 238,389
Contingency - 200,000 0.0% 200,000
Total Capital Improvements Fund 215,245 7,005,202 3.1% 6,789,957
Debt Service Fund
Debt Service 1,135,205 4,270,200 26.6% 3,134,995
Total Debt Service Fund 1,135,205 4,270,200 26.6% 3,134,995
Water Fund
Public Works - Conservation 53,939 696,025 7.7% 642,086
Public Works - Water Supply 289,275 2,557,935 11.3% 2,268,660
Public Works - Water Supply Debt - 18,971 0.0% 18,971
Public Works - Water Distribution 786,515 9,595,707 8.2% 8,809,192
Public Works - Water Distribution Debt 502,133 0.0% 502,133
Public Works - Water Treatment 309,312 13,941,884 2.2% 13,632,572
Public Works - Water Treatment Debt - 281,543 0.0% 281,543
Public Works - Improvement SDC's 3,170,335 0.0% 3,170,335
Public Works - Debt SDC's - 361,658 0.0% 361,658
Transfer 62,500 500,000 12.5% 437,500
Contingency - 170,000 0.0% 170,000
Total Water Fund 1,501,541 33,213,203 4.5% 31,711,662
Wastewater Fund
Public Works - Wastewater Collection 493,025 5,349,514 9.2% 4,856,489
Public Works - Wastewater Collection Debt - 147,457 0.0% 147,457
Public Works - Wastewater Treatment 588,969 10,183,710 5.8% 9,594,741
Public Works - Wastewater Treatment Debt - 3,237,300 0.0% 3,237,300
Public Works - Reimbursemetns SDC's 1,382 3,691,644 0.0% 3,690,262
Contingency - 192,000 0.0% _ 192,000
Total Wastewater Fund 1,083,376 22,801,625 4.8% 21,718,249
Electric Fund
Administration - Conservation 246,177 1,420,030 17.3% 1,173,853
Electric - Supply 1,635,064 13,751,887 11.9% 12,116,823
Electric - Distribution 1,524,022 14,041,211 10.9% 12,517,189
Electric - Transmission 252,019 2,225,945 11.3% 1,973,926
Debt Service - 46,688 0.0% 46,688
Contingency - 279,000 0.0% 279,000
Total Electric Fund 3,657,282 31,764,761 11.5% 28,107,479
3. Sep Fvi6 Financial Report xIsx 4
mrzarois
Schedule of Budgetary Compliance Per Resolution #2015-19
As of September 30, 2015 ( 12.5% of biennium)
Biennial to date
actuals (3 Biennial Budget Percent
Months) 2015-2017 Used Balance
Telecommunications Fund
IT - Personal Services 164,292 1,343,230 12.2% 1,178,938
IT - Materials & Services 233,261 2,028,504 11.5% 1,795,243
IT - Capital Outlay 89,888 250,000 36.0% 160,112
Debt - To Debt Service Fund - 818,000 0.0% 818,000
Contingency - 250,000 0.0% 250,000
Total - Telecommunications Fund 487,441 4,689,734 10.4% 4,202,293
Note: In M & S appropriation
Central Services Fund
Administration Department 386,044 3,314,520 11.6% 2,928,476
Information Technology - Info Services Division 300,339 2,907,638 10.3% 2,607,299
Administrative Services Department 547,831 4,292,097 12.6% 3,744,266
City Recorder 126,465 912,590 13.9% 786,125
Public Works - Administration and Engineering 429,379 3,621,822 11.9% 3,192,443
Contingency - 125,000 0.0% 125,000
Total Central Services Fund 1,790,058 15,173,667 11.8% 13,383,609
Insurance Services Fund
Personal Services 24,806 204,960 12.1% 180,154
Materials and Services 522,988 1,814,790 28.8% 1,291,802
Transfers 569,500 1,069,500 53.2% 500,000
Contingency - 390,000 0.0% 390,000
Total Insurance Services Fund 1,117,294 3,479,250 32.1% 2,361,956
Health Benefits Fund
Materials and Services 1,020,917 9,580,000 10.7% 8,559,083
Interfund Loan - 650,000 0.0% 650,000
Contingency - 500,000 0.0% 500,000
Total Health Benefits Fund 1,020,917 10,730,000 9.5% 9,709,083
Equipment Fund
Public Works - Maintenance 368,277 2,521,860 14.6% 2,153,583
Public Works - Purchasing and Acquisition 159,171 1,330,500 12.0% 1,171,329
Contingency 70,000 0.0% 70,000
Total Equipment Fund 527,448 4,487,560 11.8% 3,960,112
Cemetery Trust Fund
Transfers 1,187 10,800 11.0% 9,613
Total Cemetery Trust Fund 1,187 10,800 11.0% 9,613
3 Sep Fris F,--[ Repodx[. 5
mrzen0is
Schedule of Budgetary Compliance Per Resolution #2015-19
As of September 30, 2015 ( 12.5% of biennium)
Biennial to date
actuals (3 Biennial Budget Percent
Months) 2015-2017 Used Balance
Parks and Recreation Fund
Parks Division 1,001,624 8,127,847 12.3% 7,126,223
Recreation Division 361,577 2,828,630 12.8% 2,467,053
Golf Division 164,328 1,104,650 14.9% 940,322
Transfers - 80,000 0.0% 80,000
Contingency - 100,000 0.0% 100,000
Total Parks and Recreation Fund 1,527,530 12,241,127 12.5% 10,713,597
Parks Capital Improvement Fund
Personal Services - 189,930 0.0% 189,930
Capital Outlay 16,616 3,817,889 0.4% 3,801,273
Total Parks Capital Improvement Fund 16,616 4,007,819 0.4% 3,991,203
Parks Equipment Fund
Capital Outlay - 439,900 0.0% 439,000
Interfund Loan 40,000 0.0% 40,000
Total Parks Equipment Fund - 479,000 0.0% 479,000
Total Appropriations 21,183,424 224,057,972 9.5% 202,874,548
3 Sep FY16 Financial Report xIa 6
102012015
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
110 General Fund
Taxes S 1,962,358 $ 38,746,990 51% $ (36,784,633) $ 1,822,167 $ 35,933,208
Licenses and Permits 232,942 1,910,425 12.2% (1,677,483) 511,331 1,872,797
Intergovernmental 122,136 1,379,795 8.9% (1,257,659) 121,364 1,373,375
Charges for Services 387,108 3,331,350 11.6% (2,944,242) 455307 3,148,841
Fines 51,048 410,000 12.5% (358,952) 44,780 362,187
Interest on Investments 3,769 60,000 6.3% (56,231) 3425 41,932
Miscellaneous 30,937 73,000 42.4% (42,063) 27.326 157,037
Interfund Loan (Equipment Fund) - 126,200 0.0% (126,200) - -
Transfer in (Water Fund) 62,500 500,000 12.5% (437,500) - 100,000
Transfer In (Cemetery Fund) 1,187 10,800 11.0% (9.613) 1,141 9,139
Total Revenues and Other Sources 2,853,985 46,548,560 6.1% (43,694,575) 2,986,841 43,004,516
Administration 74,643 645,639 11.6% 570.996 30,659 357,888
Administration - Library - 47,657 0.0% 47,657 99,926 487,988
Administration - Tourism 7,997 315,901 2.5% 307,905 3,850 47,467
Administration - Municipal Court 117,495 1,056,830 11.1% 939,335 137,525 964,592
Administrative Services- Social Services Grants 129,160 267,933 48.2% 138,773 126,812 254,205
Administrative Services - Economic&CulturalGrants 373,886 1,695,033 22.1% 1,321,147 339,090 1,304,744
Administrative Services Miscellaneous 10,526 269,000 3.9% 258,474 23,194 185,715
Administrative Services - Band 37,738 130,550 28.9% 92,812 36,911 114,017
Administrative Services - Parks 1,170,000 9,560,000 12.2% 8,390,000 1,172,182 8,856,000
Police Department 1,731.500 13,544,844 12.8% 11,813,344 1,589,005 12,316,387
Fire and Rescue Department 1,765,776 15,780,502 11.2% 14,014,726 1,692,230 13,149,854
Public Works - Cemetery Division 99,675 755,365 13.2% 655,690 84,569 663,518
Community Development- Planning Division 333,537 2,886,423 11.6% 2,552,886 320,562 2,547,191
Community Development- Building Division 175,339 1,459,230 12.0% 1,283,891 160,632 1,327,542
Interfund Loan - 66,000 0.0% 66,000 - -
Transfers Out (Debt Service & Cemetery) 197,070 518,570 38.0% 321,500 192,324 192,824
Contingency - _ 697,000 0.0% 697,000 - -
Total Expenditures and Other Uses _ 6,224,341 49,696,477 12.5% 43,472,136 6,009471 42,769,932
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (3,370,356) (3,147,917) -7.1% (222,439) (3,022,630) 234,584
Fund Balance, Jul 1, 2015 3,620,263 3,400,277 106.5% 219,986 3,385,679 3,385,679
Fund Balance, Sep 30, 2015 S 249,907 _$252 360 99.0% $ (2,453) S 363,050 $ 3,620,263
Reconciliation of Fund Balance:
Restricted and Committed Funds _ 794,575
Unassigned Fund Balance S (544,668)
3 Se, rv 16 F-cz1 aepcnx111 7
101202015
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
250 Community Development Block Fund
Intergovernmental $ 17,786 $ 439,798 4.0% S (422,012) $ 6,185 $ 335,060
Total Revenues and Other Sources 17,786 439,798 4.0% (422,012) 6,185 335,060
Personal Services 7,921 65,420 12.1% 57,499 11,623 67,560
Materials and Services 17,904 374,378 4.8% 356,474 6.206 267,504
Total Expenditures and Other Uses 25,826 439,798 5.9% 413,972 17,829 335,064
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (8,040) - N/A (8,040) (11,644) (4)
Fund Balance, Jul 1, 2015 33,797 1 3379700.0% 33,796 33,801 33,801
Fund Balance, Sep 30 2015 $ 25,757 $ 1 N/A $ 25,756 S 22,157 S 33,797
Reconciliation of Fund Balance:
Restricted and Committed Funds 25,757
Unassigned Fund Balance $ -
3 Sep FV Ic',--l Report xU
o1TWIs
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
255 Reserve Fund
Interest on Investments $ 3,504 $ 34,000 103% S (30,496) $ 2,662 $ 16,699
Interfund Loan - 650,000 0.0% (650,000) 125,000 250,000
Transfers In - NIA. _ - - -
Total Revenues and Other Sources 3,504 684,000 0.5% (30,496) 21662 266,699
Interfund Loan (Health Benefits Fund) - 850,000 0.0% 850,000 400,000 900,000
Transfer out N/A 190,000
Total Expenditures and Other Uses 850,000 0.0% 850,000 400,000 1,090,000
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 3,504 (166,000) 102.1% 169,504 (397,338) (823,301)
Fund Balance, Jul 1, 2015 196,279 204,580 95.9% (8,301) 1,019,580 1,019,580
Fund Balance, Sep 30, 2015 _S199 783 $ 38.580 517,8% S 161,203 S 622,242 $ 196,279
Reconciliation of Fund Balance:
Restricted and Committed Funds 199,783
Unassigned Fund Balance $ (0)
s~Fv1,F ,n Ia,,,onrb 9
im2020'5
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
260 Street Fund
Taxes S - $ 96,700 0.0% $ (96,700) $ - $ 115,161
Intergovernmental 310,367 7,422,136 4.2% (7,111,769) 279.084 2,347,988
Charges for Services - Rates 527,425 4,219,700 12.5% (3,692,275) 501 424 4,038,568
Charges for Services - Misc Service Fees 6,312 - NIA 6,312 6,875 57,612
System Development Charges 29,289 133,000 22,0% (103,711) 71,441 245,552
Assessments 22,808 120,000 19.0% (97,192) 53,193 126,991
Interest on Investments 6,741 48,000 14.0% (41,259) 6,038 48,418
Miscellaneous 70;087 100,000 701 % (29,913) 74,038 356,423
Other Financina Sources 3,306,854 N/A (3,306,854) - -
Total Revenues and Other Sources 973,029 15,446,390 6.3% (14,473,361) 992,093 7,336,713
Public Works- Ground Maintenance 65,839 494,400 13.3% 428,561 - -
PublicWorks - Street Operations 620,158 12,991,770 4.8% 12,371,612 547,172 5,036,308
Public Works - Street Operations Debt - 246,710 0.0% 246,710 - 237,823
Public Works- Storm Water Operations 151,549 1,312,700 11.5% 1,161,151 147,410 1,079,458
Public Works - Storm Water Operations Debt - 25,300 0.0% 25,300 - 26,317
Public Works Transportation SDC's 2,956,854 0.0% 2,956,854 91,028
Public Works - Storm Water SDC's - N/A - 4,670
Public Works - Local Improvement Districts - NIA - -
Contingency _ - 99,000 0.0% 99,000 - -
Total Expenditures and Other Uses 837,545 18,126,734 4.6% 17,289,189 694,582 6,475,604
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 135,483 (2,680,344) 1051% 2,815,827 297,511 861,109
Fund Balance, Jul 1, 2015 5,278,231 4,702,624 112.2% 575,607 4,417,122 4,417,122
Fund Balance, Sep 30, 2015 S 5,413,714 S 2,022,280 267.7% $ 3,391,434 $ 4,714,634 $ 5,278,231
Reconciliation of Fund Balance:
Restricted and Committed Funds 5;413,716
Unassigned Fund Balance $ 0
J Sep FYI, F1,1CzI R1,11t ,1b 10
10,2MT5
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
280 Airport Fund
Charges for Services - Rates S 32,286 S 276.000 11.7% $ (243,714) S 35,951 $ 274,192
Interest on Investments 145 500 29.0% (355) 109 953
Other Financing Sources - 270,000 0.0% (270,000) -
Interfund Loan NIA - -
Total Revenues and Other Sources 32,431 546,500 5.9% (514,069) 36,060 275,145
Materials and Services 14,572 460,943 3.2% 446,371 20,137 133,293
Capital Outlay - 40,000 0.0% 40,000 - 44,962
Debt Service 77,072 0.0% 77,072 77,072
Interfund Loan - NIA - 19,000
Contingency - 13,000 0.0% 13,000 - -
Total Expenditures and Other Uses 14,572 591,015 2.5% 576,443 20,137 274,327
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 17,859 (44,515) 140.1% 62,374 15,924 818
Fund Balance, Jul 1, 2015 117,514 114 751 102.4% 2,763 116.696 116,696
Fund Balance, Sep 30, 2015 $ 135,373 S 70236 192.7% S 65,137 $ 132,619 S 117,514
Reconciliation of Fund Balance:
Restricted and Committed Funds 135,373
Unassigned Fund Balance $ 0
F a- RepodA,, 11
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
410 Capital Improvements Fund
Taxes $ 17,520 $ 1,093,400 1.6% S (1,075,880) S 20,002 $ 993,068
Intergovernmental - - N/A - 520,240
Charges for Services - Internal 236,543 2,205,600 10.7% (1,969,057) 232,157 1,857,254
Charges for Services - Misc. Service Fees 30,784 - NIA 30,784 30,019 127,416
System Development Charges 11,999 129,416 9.3% (117,417) 22,041 97,839
Interest on Investments 2,966 22,600 13.1% (19,634) 2,466 21,667
Miscellaneous - 22,100 0.0% (22,100) 1,503 47,712
Other Financing Sources - 3,050,045 0.0% (3,050,045) -
Transfer In (Insurance Fund) 100.000 _ 100.000 100.0% -
Total Revenues and Other Sources 399,811 6,623,161 6.0% (6,223,350) 308,188 3,665,195
PublicWorks - Facilities 176,264 2,820,650 6.2% 2,644,386 181,800 2,109,209
Administrative Services - SDC (Parks) - - N/A - - -
Administrative Services -Open Space (Parks) - 3,707,182 0.0% 3,707,182 - 816,727
Transfers Out (Debt Service Fund) 38,981 277,370 14.1% 238,389 39,581 83,479
Interfund Loan (Equipment Fund) - N/A - - 1,000
Contingency _ - 200,000 0.0% 200,000 - -
Total Expenditures and Other Uses 215,245 7,005,202 3.1% 6,589,957 221,381 3,010,415
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 184,567 (382,041) 148.3% 566,608 86,807 654,780
Fund Balance, Jul 1, 2015 2,749,486 1.918,994 143.3% 830,492 2,094,706 2,094,706
Fund Balance, Sep 30, 2015 S 2,934,053 $ 1,536,953 190.9% S 1,397,100 S 2,181,513 $ 2,749,486
Reconciliation of Fund Balance:
Restricted and Committed Funds 2,934,053
Unassigned Fund Balance $ (0)
3 sepFrioF,- R.pa.x~ 12
1CQ1) c15
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
530 Debt Services
Taxes S 5,234 $ 955,426 0.5% $ (950,192) $ 5,652 $ 1,019,824
Charges for Services - Internal 186,325 2,308,600 8.1% (2,122,275) 386,325 2,308,600
Charges for Services- Misc. Service Fees 9,579 149,036 6.4% (139,457) 9,579 132,076
Assessments - 400,000 0.0% (400,000) -
Interest on Investments 405 20,000 2.0% (19,595) 768 8,161
Miscellaneous - 58,604 0.0% (58,604) 5 6
Interfund Loan - - NIA - - -
Transfer In (General Fund & CIP) 235,551 473,940 49.7% (238,389) 231,405 275,303
Other Financing Sources - - NIA -
Total Revenues and Other Sources 437,095 4,365,606 10.0% (3,928,511) 633,735 3,743,970
Materials and Services - - NIA - - 6,294
Debt Service 1,135,205 4,270,200 26.6% 3,134,995 1,220,874 3,661,939
Interfund Loan (Central Service Fund) - - NIA - 364,795 364,795
Total Expenditures and Other Uses 1,135,205 4,270,200 26.6% 3,134,995 1,585,669 4,033,028
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (698,110) 95,406 -731.7% (793,516) (951,934) (289,058)
Fund Balance, Jul 1, 2015 _ 861,560 753.948 114.3% 107,612 1,150,618 1.150.618
Fund Balance, Sep 30, 2015 $ 163,450 S 849,354 19.2% $ (685,904) S 198,684 $ 861,560
Reconciliation of Fund Balance:
Restricted and Committed Funds 163,450
Unassigned Fund Balance $ -
3 Sep,, I3 F nznca1 e-rl x1s1
13
I C2CSO'S
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
670 Water Fund
Taxes S 2 $ - N/A $ 2 $ 2 $ 80
Intergovernmental (1) 14,000 N/A (14,001) - 160,220
Charges for Services - Rates 2,384,551 13,954,600 17.1% (11,570,049) 2,150,870 11,913,085
Charges for Services - Misc. Service Fees 20,489 - N/A 20,489 36,639 164,472
System Development Charges 61,635 200,000 308% (138,365) 124,843 597,443
Interest on Investments 6,074 40,800 14.9% (34,726) 6,853 56,607
Miscellaneous 4,284 24,000 17.8% (19,716) 7 34,573
Other Financing Sources - 14,990.125 0.0% (14990,125) 674,370 1,724,546
Total Revenues and Other Sources 2,477,034 29,223,525 85% (26,746,491) 2,993,584 14,651,026
PublicWorks - Conservation 53,939 696,025 7.7% 642,086 61,032 442,021
Fire - Forest Lands 75,661 889,478
Public Works- Water Supply 289,275 2,557,935 113% 2.268,660 2,036;755 4,819,863
Public Works - Water Supply Debt - 18,971 0.0% 18,971 - 44,787
Public Works - Water Distribution 786,515 9,595,707 8.2% 8,809.192 440,426 2,289,201
Public Works - Water Distribution Debt - 502,133 0.0% 502,133 - 467,434
PublicWorks - Water Treatment 309,312 13941,884 2.2% 13,632,572 786,623 5,364,675
Public Works - Water Treatment Debt - 281,543 0.0% 281,543 - 662,801
Public Works - Reimbursement SDC's - N/A - - -
PublicWorks - ImprovementSDC's 3,170,335 0.09 3,1 N,335 16,694 507,905
PublicWorks - DebtSDC's 361,658 0.0% 361,658 - 241,845
Debt Service 1,417,012 N/A 1,417,012 -
Interfund Loan - - N/A - 150,000
Transfers (General Fund) 62,500 500,000 12.5% 437,500 -
Contingency - 170,000 0.0% 170,000 - -
Total Expenditures and Other Uses 1,501,541 33,213,203 4.5% 31,711,662 3,417,191 15880,009
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 975,493 (3,989,678) 124.5% 4,965,171 (423,607) (1,228,983)
Fund Balance, Jul 1, 2015 5,208,593 6,061,702 85.9% (853,109) 6,437,575 6,437,575
Fund Balance, Sep 30, 2015 $ 6,184,086 $ 2,072,024 298.5% $ 4,112,062 $ 6,013,971 $ 5,208,593
Reconciliation of Fund Balance:
Restricted and Committed Funds 3,733,376
Unassigned Fund Balance $ 2,450,710
S,rrisRn- I4,,Px4n 14
mrzorzois
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
675 Wastewater Fund
Taxes $ 70,080 S 4,264,260 1.6% $ (4,194,180) $ 80,008 S 3,972,266
Charges for Services - Rates 1,319,853 10,787,000 12.2% (9,467,147) 1,194,744 8,796,565
Charges for Services - Misc. Service Fees - - N/A - 26,500
System Development Charges 20,176 130,000 15.5% (109,824) 41,026 193,560
Interest on Investments 5,980 30,000 19.9% (24,020) 4,990 42,965
Miscellaneous 576 - NIA 576 1,532 6,037
Other Financing Sources - 5,318,700 0.0% (5,318,700) - 114,043
Total Revenues and Other Sources 1,416,665 20,529,960 6.9% (19,113,295) 1,322,300 13,151,936
Public Works - Wastewater Collection 493,025 5,349,514 9.2% 4,856,489 506,390 3,854,489
Public Works - Wastewater Collection Debt - 147,457 0.0% 147,457 - 151,071
Public Works- Wastewater Treatment 588,969 10,183,710 5.8% 9,594,741 657,488 4,980,940
Public Works- Wastewater Treatment Debt - 3,237,300 0.0% 3,237,300 - 3,253,029
Public Works- ReimbursementsSDC's 1,382 3,691,644 0.0% 3,690,262 7,392 20,331
Public Works - Improvements SDC's - - NIA - 7,827 87,507
Debt Service - N/A - - -
Contingency - 192,000 0.0% _ 192,000 - -
Total Expenditures and Other Uses 1,083,376 22,801,625 4.8% 21,718,249 1,179,097 12,347,367
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 333,289 (2,271,665) 114.7% 2,604,954 143,203 804,569
Fund Balance, Jul 1, 2015 5,095,343 4,464,697 114.1% 630,646 4,290,774 4,290,774
Fund Balance, Sep 30, 2015 S 5,428,632 S 2,193,032 247.5% $ 3,235,600 S 4,433,978 $ 5,095,343
Reconciliation of Fund Balance:
Restricted and Committed Funds 2,655,192
Unassigned Fund Balance $ 2,773,440
3 s_p rr is rI ftepctl dsr 15
mrzcrzo 5
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
690 Electric Fund
Intergovernmental S 189,337 $ 323,000 58.6% S (133,663) $ - $ 335,700
Charges for Services- Rates 3,675,207 29,539,358 12.4% (25,864,151) 3,493,445 27,210,985
Charges for Services - Misc. Service Fees 36,709 453,686 8.1% (416,977) 30,795 278,280
Interest on Investments 1,450 14,715 9.9% (13,265) 1,584 15,714
Miscellaneous 25,404 322,974 7.9% (297,570) 72,389 288.885
Total Revenues and Other Sources 3,928,106 30,653,733 12,8% (26,725,627) 3,598,213 28,129,564
Administration - Conservation 246,177 1,420,030 17.3% 1,173,853 178,810 1,387,220
Electric - Supply 1,635,064 13,751,887 11.9% 12,116,823 1,573,527 12,831,515
Electric - Distribution 1,524,022 14,041,211 10.9% 12,517,189 1,513,211 12,558,899
Electric - Transmission 252,019 2,225,945 11.3% 1,973,926 252,644 1,876,536
Debt Service - 46,688 0.0% 46,688 - 47,771
Contingency 279,000 0.0% 279,000 -
Total Expenditures and Other Uses 3,657,282 31,764,761 11.5% 28,107,479 3,518,192 28,701,941
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 270,825 (1,111,028) 124.4% 1,381,853 80,021 (572,377)
Fund Balance, Jul 1, 2015 1,755,163 1,479,265 118.7% 275,898 2,327,540 2,327,540
Fund Balance, Sep 30, 2015 $ 2,025,988 S 368,237 550.2% S 1,657,751 S 2,407,561 S 1,755,163
Reconciliation of Fund Balance:
Restricted and Committed Funds -
Unassigned Fund Balance $ 2,025,988
3sepFY16 F ro lRepoa,it, 16
anc+mie
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
691 Telecommunications Fund
Charges for Services - Rates S 498,681 S 4,363,565 11.4% $ (3,864,884) S 489,974 $ 3,889,563
Interest on Investments 263 1.943 13.5% (1,680) 336 2,257
Miscellaneous 429 - NIA 429 458 4,750
Interfund Loan 400,000 6.0% (400,000) - -
Total Revenues and Other Sources 499,374 4,765,508 10.5% (4,266,134) 490,768 3,896,570
Personal Services 164,292 1,343,230 12.2% 1,178,938 164,804 1,299,335
Materials & Services 233,261 2,028,504 11.5% 1,795,243 223,862 1,764,465
Capital Outlay 89,888 250,000 36.0% 160,112 13,688 297,337
Debt - Transfer to Debt Service Fund - 818.000 0.0% 818,000 200,000 818,000
Contingency - 250,000 0.0% 250,000 - -
Total Expenditures and Other Uses 487,441 _ 4,689,734 10.4% 4,202,293 602,354 4,179,137
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 11,933 75,774 15.7% (63,841) (111,586) (282,567)
Fund Balance, Jul 1, 2015 305,058 251 528 121.3% 53,530 587,625 587,625
Fund Balance, Sep 30, 2015 S 316,991 $ 327,302 96.8% $ (10,311) $ 476,039 $ 305,058
Reconciliation of Fund Balance:
Restricted and Committed Funds 409,000
Unassigned Fund Balance $ (92,009)
3 Rip,,, 17
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
710 Central Service Fund
Taxes $ 11,752 $ 148,800 7.9% S (137,048) $ 6,543 $ 144,476
Intergovernmental - - NIA - -
Charges for Services- Internal 1,587,796 13,068,435 12.1% (11,480,639) 1,517,820 12,037,871
Charges for Services - Misc. Service Fees 60,008 572,330 10.5% (512,322) 73.060 365,186
Interest on Investments 1,832 10,000 18.3% (8,168) 3,147 21,344
Miscellaneous 29,290 250,000 11.7% (220,710) 28,377 219,539
Inlerfund Loan (Debt Service) - - N/A - 364,795 364,795
Transfer in (Insurance Fund) 417,000 417,000 100.0% - 90,000
Total Revenues and Other Sources 2,107,678 14,466,565 14.6% (12,358,887) 1,993:742 13,243,212
Administration Department 386,044 3,314,520 11.6% 2,928,476 377,987 2,797,218
Information Technology - Info Services Division 300,339 2,907,638 103% 2,607,299 343,911 2396,771
Administrative Services Department 547,831 4,292,097 128% 3,744,266 499,968 3,866,706
City Recorder Division 126,465 912,590 119% 786.125 114,260 868,755
Public Works - Administration and Engineering 429,379 3,621,822 11.9% 3,192,443 436,452 3,266,434
Intefund Loan - - N,IA - -
Contingency - 125,000 0,0% 125,000 -
Total Expenditures and Other Uses 1,790,057 15,173,667 11.8% 13,383,610 1,772,578 13,195,884
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 317,620 (707,102) 144,9% 1,024,722 221,164 47,327
Fund Balance, Jul 1, 2015 900,608 723,651 1245% 176,957 853,281 853,281
Fund Balance, Sep 30, 2015 $ 1,218,228 $ 16,549 7361.3% $ 1,201,679 S 1,074,445 $ 900,608
Reconciliation of Fund Balance:
Restricted and Committed Funds -
Unassigned Fund Balance $ 1,218,228
3 szr Fr 16 F nx , ! Report as, 18
IC/2Cr9'5
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
720 Insurance Service Fund
Charges for Services - Internal $ 178,943 $ 1,560,000 11.5% $ (1,381,057) $ 184,608 $ 1,480,865
Interest on Investments 1,760 13,000 13.5% (11,240) 2,059 16,485
Miscellaneous 3,642 80,000 4.6% (76358) 185,106 1,574,390
Total Revenues and Other Sources 84,346 1,653,000 11.2% (1,468,654) 371,773 3,071,740
Personal Services 24,806 204,960 12.1% 180,154 22,959 179,228
Materials and Services 522.988 1,814,790 28.8% 1,291,802 449,178 1,475,087
Transfer Out (Mulitple 4 funds) 569,500 1,069,500 53.2% 500,000 - 500,000
Contingency - 390,000 0.0% 390,000 -
Total Expenditures and Other Uses 1,117,294 3,479,250 32.1% 2,361,956 472,137 2,154,315
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (932,949) (1,826,250) 48.9% 893,301 (100,364) 917,425
Fund Balance, Jul 1, 2015 1.766.283 1,962,888 90.0% (196,605) 848,858 848,858
Fund Balance, Sep 30, 2015 S 833.334 $ 136,638 609.9% $ 696,696 S 748,494 $ 1,766,283
Reconciliation of Fund Balance:
Restricted and Committed Funds 833,335
Unassigned Fund Balance S 0
oar F-1111 19
IG2A,2015
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
725 Health Benefits Fund
Charges for Services - Internal $ 1,173,932 $ 9,730,000 12.1% $ (8,556,068) S 1,023,669 $ 8,158,032
Interest on Investments 1,097 10,000 11.0% (8,903) 444 3,614
Miscellaneous - - N/A - - 211,795
Interfund Loan (Reserve Fund) 450,000 0.0% (450,000) 400,000 900,000
Transfer In (Insurance Fund) - 500,000 0.0% (500 000) - 500,000
Total Revenues and Other Sources 1,175,029 10,690,000 11.0% (9,514,971) 1,424,113 9,773,441
Personal Services - - N/A - -
Materials and Services 1,020,917 9,580,000 10.7% 8,559,083 1,087,464 9,049,715
Interfund Loan - 650,000 0.0% 650,000 125,000 250,000
Contingency - 500,000 0.0% 500,000 - -
Total Expenditures and Other Uses 1,020,917 10,730,000 9.5% 9,709,083 1,212,464 9,299,715
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 154,112 (40,000) -385.3% 194,112 211,649 473,726
Fund Balance, Jul 1, 2015 473,726 73,370 6457% 400,356 -
Fund Balance, Sep 30, 2015 $ 627,838 $ 33,370 1881.4% S 594.468 $ 211,649 $ 473,726
Reconciliation of Fund Balance:
Restricted and Committed Funds 627,838
Unassigned Fund Balance $ (0)
S, rV !A R„a,, aAaron> 20
IKOO15
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
730 Equipment Fund
Intergovernmental S - $ - N/A S $ - $ -
Charges for Services- Internal 488,582 4,098,460 11.9% (3,609,878) 451,098 3,606,929
Charges for Services - Misc. Service Fees 46,014 - N/A 46,014 (23,523) 44,919
Interest onlm,estments 3,825 35,000 10.9% (31,175) 3,517 31,805
Miscellaneous 788 110,000 0.5% (169,212) 27,619 170,026
Interfund Loan (Airport& Water Fund) 106,000 00% (106,000) - 170,000
Total Revenues and Other Sources 539,210 4,409,460 12.2% (3,870,250) 458,712 4,023,679
PublicWorks - Maintenance 368,279 2,521,860 14.6% 2,153,581 273,123 2,084,345
PublicWorks - Purchasing and Acquisition 159,171 1,330,500 12.0% 1,171,329 35,939 2,359,891
Interfund Loan - 565,200 0.0% 565,200 - -
Contingency - 70,000 0.0% 70,000 - -
Total Expenditures and Other Uses 527,450 4,487,560 11.8% 3,960,110 309,062 4,444,236
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 11,760 (78,100) 115.1% 89,860 149,650 (420,557)
Fund Balance, Jul 1, 2015 2,937.106 2,046,794 143.5% 890,312 3,357,663 31357,663
Fund Balance, Sep 30, 2015 $ 2,948,866 $ 1,968,694 149-8% $ 980,172 $ 3,507,312 $ 2,937,106
Reconciliation of Fund Balance:
Restricted and Committed Funds 2,948,866
Unassigned Fund Balance S 0
3 Se0 Fv IF Finnaal ReFOn xsx 21
102020'5
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
810 Cemetery Fund
Charges for Services - Rates S 4,310 S 50,000 8.6% $ (45,690) $ 12,125 $ 47,767
Interest on Investments 1,187 10,800 11.0% (9,613) 1,141 9,139
Miscellaneous - - NA - - (145)
Transfer In (General Fund) 500 1,000 50.0% (500) 500 1,000
Total Revenues and Other Sources 5,997 61,800 91% (55,803) 13,765 57,761
Transfers 1,187 10,800 11.0% 9,613 1,141 9,139
Total Expenditures and Other Uses 1,187 10,800 11.0% 9,613 1,141 9,139
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 4,810 51,000 9.4 % (46,190) 12,624 48,622
Fund Balance, Jul 1, 2015 922.666 923,046 100.0% (380) 874,044 874,044
Fund Balance. Sep 30, 2015 S 927,476 $ 974,046 95.2% $ (46,570) S 886,670 S 922,666
Reconciliation of Fund Balance:
Restricted and Committed Funds 927,476
Unassigned Fund Balance S 0
3 sep Fr 16 Fa~~ Repoq rs 22
c aorzr c
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
211 Parks and Recreation Fund
Intergovernmental $ - $ - NIA $ $ - $ 10,589
Charges for Services - Internal 1,170,000 9,560,000 12,2% (8,390,000) 1,172,182 8,856,000
Charges for Services- Misc. SeiviceFees 241,929 1,805,000 13.4% (1,563,071) 232,488 1,725,966
Interest on Investments 550 14,000 3.9% (13,450) 1,140 9,535
Miscellaneous 295 100,000 0.3% (99,705) 4,235 47,413
Transfers In (General a Insurance Fund) 52,500 373,500 14.1% (321,000) -
Total Revenues and Other Sources 1,465,274 11,852,500 12.4% (10,387,226) 1,410,045 10,649,503
Parks Division 1,001,624 8,127,847 12.3% 7,126,223 1,004,026 7,473,109
Recreation Division 361,577 2,828,630 12.8% 2,467,053 339,758 2,507,775
Golf Division 164,328 1,104,650 14.9% 940,322 151,971 1,026,426
Other Financing Uses - Transfers - 80,000 00% 80,000 200,000 922,000
Contingency - 100,000 0.0% 100,000 - -
Total Expenditures and Other Uses 1,527,530 12,241,127 12.5% 10,713,597 1,695,755 11,929,310
Excess (Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (62,256) (388,627) 84.0% 326,371 (285,710) (1,279,807)
Fund Balance, Jul 1, 2015 503,628 392,641 128.3% 110,987 1,783,435 1,783,435
Fund Balance, Sep 30, 2015 $ 441,372 S 4,014 10995.8% $ 437,358 $ 1,497,725 $ 503,628
Reconciliation of Fund Balance:
Restricted and Committed Funds -
Unassigned Fund Balance $ 441,372
23
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
411 Parks Capital Improvement Fund
Charges for Services S S 212,930 0.0% $ (212,930) $ 4,225 $ 316,201
Intergovernmental 3,517,252 0.0% (3,517,252) - 995,061
Interest on Investments 276 4,000 6.9% (3,724) 496 3,356
Miscellaneous - - N/A - 23,441
Transfer In (Park Fund) - N/A 200,000 922,000
Total Revenues and Other Sources 276 3,734,182 0.0% (3,733,906) 204,721 2.260,059
Personal Services - 189,930 00% 189,930 -
Materials and Services - - N/A - 1,331
Capital Outlay _ 16,616 3,817,889 0.4% 3,801,273 426,009 2,437,058
Total Expenditures and Other Uses _ 16,616 4,007,819 0.4% 3,991,203 426,009 2,438,389
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses (16,340) (273,637) 6.0% 257,297 (221,288) (178,330)
Fund Balance, Jul 1, 2015 209,302 582,254 35.9% (372,952) 387,632 387,632
Fund Balance, Sep 30, 2015 $ 192,962 $ 308,617 62.5% $ (115,655) $ 166,344 $ 209,302
Reconciliation of Fund Balance.
Restricted and Committed Funds -
Unassigned Fund Balance $ 192,962
5 Sep F-I e r,nax A Repon.6x 24
w2c2J 5
City of Ashland
Statement of Resources, Requirements, and Changes in Fund Balance
September 30, 2015
Biennial Percent Biennial
To Date Actuals Budget Collected 2013-2015
(3 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium
731 Parks Equipment Fund
Charges for Services - Internal $ 56,875 $ N/A S 56,875 S $
Intergovernmental - NIA -
Interest on Investments 24 NIA 24
Interfund Loan - 439,000 0.0% -
Transfer In (Park Fund) _ - 80,000 H% (80,000)
Total Revenues and Other Sources 56,899 519,000 11-0% (23,101)
Capital Outlay - 439,000 0.0% 439,000
Interfund Loan 40,000
Total Expenditures and Other Uses - 439,000 0.0% 439,000
Excess(Deficiency) of Revenues and Other Sources
over Expenditures and Other Uses 56,899 80,000 71.1% (23,101)
Total Revenues and Other Sources 00%
0 $ 56,899 S 80,000 71.1% $ (23,101) $ $
Reconciliation of Fund Balance:
Restricted and Committed Funds 37,925
Unassigned Fund Balance $ 18,974
25
CITY OF
-ASHLAND
Council Communication
November 3, 2015, Business Meeting
An Ordinance Amending AMC Chapter 9.16 To Require Dog Licensing and
Declare Certain Dog Behaviors To Be Public Nuisances
FROM:
David Lohman, City Attorney, david.Iohman@ashland.or.us
SUMMARY
This agenda item seeks Council approval on first reading of amendments to current AMC Chapter 9.16
concerning dog-related nuisances. One of the proposed changes would require any owner or keeper of
a dog within the City limits to have proof of licensing or proof of rabies vaccination when the dog is
not on its owner/keeper's premises. The other significant proposed ordinance change specifies canine
behavior that constitutes a public nuisance. Finally, the proposed ordinance includes definitions
intended to clarify the application of the above substantive amendments.
BACKGROUND AND POLICY IMPLICATIONS:
At its January 5, 2015 study session, Council informally agreed to consider possible ordinance
amendments concerning licensing and vaccination of dogs. In recent years, a notable increase in the
number of dogs in the City, especially dogs allowed to linger for extended periods of time in
downtown locations, has resulted in pedestrian safety and sidewalk passage problems, as well as
concerns about unvaccinated dogs spreading certain diseases.
The current ordinance proposed for amendment is AMC 9.16 Nuisance-Dogs. One proposed change is
to add a new section on definitions, proposed AMC 9.16.005, to make the meaning of terms used in
subsequent provisions clear. The definition of "keeper" is a slight adaptation of that provided in ORS
609.015 et seq., the Oregon statute on dog control, it includes anyone who has charge, custody, or
possession of a dog, including its owner.
The definition of "service animal' that is currently in AMC 9.16.060 is proposed to be moved to the
new definitions section and modified to make clear that a. service animal must have completed
individual training to perform tasks for a person with a disability and must be trained to obey its
keeper's commands.
The addition of the dog licensing requirement to City Code reiterates Jackson County Code 612.03 and
implicitly channels citation appeals to Ashland Municipal Court, probably the most appropriate venue
for such matters. Under the proposed City ordinance, however, a dog's keeper has the alternative of
presenting a current, valid rabies vaccination certificate in lieu of proof of licensing.
Page 1 of 2
P &
CITY OF
-ASH LAN D
The proposed amendment adds a new provision, 9.16.070, detailing dog behaviors to be deemed a
public nuisance. In a general way, these misbehaviors could be addressed through citations for
violations of AMC 9.08.020 (dangerous animals to be kept under control), 9.08.030 (animals to be
kept from running at large), 9.08.110 (prohibiting scattering of rubbish), 9.08.170 (prohibiting
unnecessary noise), 9.08.19013 (disallowing acts or outcomes deemed injurious or detrimental to public
health, safety, or welfare not enumerated elsewhere), 9.16.010 (requiring control of dogs), 11. 16.060
(prohibiting obstruction of sidewalks), and 13.03.050A(3) (requiring unobstructed sidewalk
passageway at least 6-feet wide) The proposed new provision on specific dog-related nuisances,
however, provides consolidated, clear guidance for both dog keepers and enforcement officials.
Proposed 9.16.070 incorporates provisions from similar ordinances in Albany and Medford, Oregon
and Santa Cruz, California.
COUNCIL GOALS SUPPORTED:
N/A.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve First Reading of the ordinance.
SUGGESTED MOTION:
I move to approve First Reading by title only of an ordinance titled "An Ordinance Amending AMC
Chapter 9.16 to Require Dog Licensing and Declare Certain Dog Behaviors to be Public Nuisances"
[with the following changes...] and move the ordinance on to Second Reading.
ATTACHMENTS:
Proposed Ordinance - Dog Nuisance Amendment
Page 2 of 2
PC,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 9.16
TO REQUIRE DOG LICENSING AND DECLARE CERTAIN
DOG BEHAVIORS TO BE PUBLIC NUISANCES
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, preventing the possible spread of rabies and fostering compliance with the dog
licensing requirements of Jackson County, Oregon and other jurisdictions would benefit the
citizens of Ashland; and
WHEREAS, better defining the behaviors of dogs that constitute a public nuisance in the City of
Ashland would benefit the citizens of Ashland,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.16 Nuisance Dogs is hereby amended to read as follows:
9.16.005 Definitions
The following words and phrases whenever used in this chapter shall be construed as
defined in this section.
A. "Keeper" means a person who owns, harbors or has charl4e, control; custody or
possession of a doh.
B. "Service animal" means an animal that is individually trained to perform tasks for a
person with a disability and trained to obey the commands of its keeper. A pet,
companion, or therapy animal is not a service animal unless the animal has successfully
completed such training. The tasks may include, but are not limited to, guiding a
person who is visually impaired or blind; alerting a person who is deaf or hard of
hearing; pulling a wheelchair; assisting with mobility or balance; alerting and
protecting a person who is havinIZ a seizure, retrieving objects, or performing other
special tasks.
C. "Obstructs" means occupies sidewalk space so as to constrict uninhibited pedestrian
passageway to a width of less than six (6) feet without a City permit.
Ordinance No. Page 1 of 5
D. "Menaces" means lunging, growling, snarling or other behavior by a dog that would
cause a reasonable person to fear for the person's safety.
E. "Runs at large" means that a dog is off or outside the premises from which the
keener of the dog may lawfully exclude others, or is not in the company of and under
the control of its keeper.
F. "Potentially dangerous dog" means:
(1) without provocation and while not on premises from which the keeper may
lawfully exclude others, menaces the person;
(2) without provocation, inflicts physical injury on a person that is less severe than a
serious physical injury; or
(3) without provocation and while not on premises from which the keeper may
lawfully exclude others, inflicts physical injury on or kills a domestic animal as
defined in ORS 167.310.
G. "Serious physical injury" has the meaning given that term in ORS 161.015.
9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property of the person
owning, harboring or having the charge, care, control, custody or possession of such dog;
however, it shall be permissible for a dog to be confined by fence, leash or obedience training to
the property of another if such other person has given express permission. Provided, however,
that the City Council may, in its discretion, designate certain areas within the City where dogs
may be permitted to run free while under the owner's or keeper's control. Control required
Violation of this section is a Class IV violation.
9.16.015 Dog License Required
A. Except as provided in 9.16.015B or C, a dog under the control of its keeper must be
currently licensed pursuant to the applicable rules and regulations of the county or city
where the keeper of the dog resides.
(1) Except when a dog is confined to its keeper's premises or displayed in exhibition, its
license tag, or other proof of licensing, must be attached securely to a collar or harness
on the dog.
(2) A license issued for a particular dog may not be transferred to a different dog or
affixed to a collar or harness of a different dog.
(3) It is unlawful for any person to steal or remove the license tag from any dog.
B. The requirement in 9.16.015A for licensing a dog may be satisfied if the keeper presents
a current, valid rabies vaccination certificate for such dog upon request from a City of
Ashland law enforcement officer. A citation for violation of the dog licensing requirement
in 9.16.015A shall be dismissed if the dog's keeper subsequently presents to City of Ashland
Municipal Court a valid rabies vaccination certificate for such dog that was current when
the citation was issued.
C. The license requirement in 9.16.015A does not apply to a dog that is less than six (6)
months old.
D. Violation of this section is a Class IV violation and is subject to laws and rules for a
municipal court appearance and the enforcement of Persistent Violations, AMC 10.120.
Ordinance No. Page 2 of 5
9.16.020 Vicious Dogs - Control Required
Any dog that is A vicious or Fang to the safety of persons potentially dangerous doll must
be confined by enclosure or a leash to property of its owner or keeper. Vicious dogs eontro1
required Violation of this section is a Class I violation.
9.16.030 Dog - Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its owner or
keeper, and such confinement may be either by physical means or by obedience training. The
duration and circa nstances of the confinement shall be consistent with minimum care for the
animal under Oregon statutes protecting animals from mistreatment or abuse.
9.16.040 Leash Required
Any dog not confined to property as set forth above in this chapter and which is on either public
or private property must be on a leash not longer than six (6) feet in length. r,eash Fequi r°a
Violation of this section is a Class IV violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by their owner or
persons having the custody of such dog; and, it shall be unlawful for any person to tie or permit
to be tied a dog or any other animal to any tree, hydrant, railing, or other object on the public
property of the City of Ashland. Unattended dogs tfe Violation of this section is a Class IV
violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog, shall be in
possession of tools for the removal of, and shall remove, excrement deposited by the dog:
A. In any public area not designated to receive those wastes, including but not limited to
streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads paralleling
ditches, swales, culverts, canals and similar facilities owned or operated by the Talent
Irrigation District or the City of Ashland, or
B. On any private property. It is an affirmative defense to a prosecution on any charge under
this subsection that the property owner or person in charge of the property consented to such
use of the property.
v al of doe wast-e Violation of this section is a Class IV violation.
9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for service animals, are not permitted in any of the eity City parks or the Plaza
islands under any condition except as provided in section 9.16.030; except that the Ashland
Parks Commission may designate certain defined area within such parks where dogs may be
allowed on a leash which conforms to the above requirement; and except that a person may walk
a dog on a lease through the Plaza islands if the dog remains on the paved portions of the Plaza
islands. "Ser-vc animal" f the pufpeses of this Chaptef means a animal that is trained to
include, peffefin tasks fet! an individual with a disability. The tasks inay but afe net limited to,
guiding a pefsen whe is visually impaifed of blind, alefting a pefson whe is deaf of hafd Of
> assisting "vith mobility of >
Ordinance No. Page 3 of 5
not ^ pet ^n.a.l.. Dogs Pares of Plate"' !islands Violation of this section is a
Class IV violation.
9.16.065 Dogs - City Cemeteries
Dogs, except for service animals, with the exeeption of seeing eye dog-s-,- are not permitted in
any of the City cemeteries under any condition. Dogs eity cemeteries Violation of this section
is a Class 1V violation.
9.16.070 Dogs - Public Nuisance.
A. The following behavior by any dog within the City limits of Ashland constitutes an
unlawful public nuisance:
1) A dog repeatedly runs at large;
2) A dog bites a person or another domestic animal;
3) A dog menaces a pedestrian or passerby;
4) A dog repeatedly chases vehicles or persons;
5) A dog damages or destroys property of persons other than the owners or keepers of
the dog;
6) A dog repeatedly scatters garbage;
7) A dog repeatedly trespasses on private property of persons other than the keeper of
the dog;
8) A dog excessively makes disturbing noises, including, but not limited to continued
and repeated howling, barking, whining for more than ten (10) minutes or intermittent
barking for more than thirty (30) minutes in a sixty (60) minute period, causing
unreasonable annoyance, disturbance, or discomfort to neighbors or others in close
proximity to the property of the keeper. If the barking is caused by the presence of
predators such as coyotes, or deer, or other wildlife, or by a person intentionally
taunting the dog, then the dog is not a public nuisance;
9) A dog obstructs a City sidewalk;
B. It is unlawful for any keeper of a dog to permit such dog to be a public nuisance as
described and is a Class IV violation.
SECTION 2. Savings. Notwithstanding this amendment, 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 ordinances(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 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
Ordinance No. Page 4 of 5
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 _ , 2015,
and duly PASSED and ADOPTED this _ day of , 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2015.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 5 of 5
CITY OF
ASHLAND
Council Communication
November 3, 2015, Business Meeting
An Ordinance Amending AMC Chapter 10.120.020 To Add Two Offenses as
Possible Elements of the Crime of Persistent Violation
FROM:
David Lohman, City Attorney, david.lohmanoashland.or.us
SUMMARY
This agenda item seeks Council approval of amendments to add two offenses to the list of violations
already includable as elements of Persistent Violation in AMC 10.120.020: (1) failure by a dog keeper
to have a license or certificate of rabies vaccination for the dog; and (2) use of marijuana in a public
place.
BACKGROUND AND POLICY IMPLICATIONS:
Under current AMC Chapter 10.120 a person convicted of multiple specified crimes or violations
within the City's Enhanced Law Enforcement Area within a six-month period can be found to have
committed the crime of persistent violation. Following a conviction for persistent violation, the Court
can expel the offender from the Enhanced Law Enforcement Area for not less than three months or
more than one year. Expelling a persistent violator from a portion of the downtown appears to serve as
a deterrent to certain unlawful conduct by some offenders for whom the possibility of fines or
incarceration is not a significant disincentive.
The proposed amendments would add failure to have a dog licensed (or vaccinated in lieu of licensing)
and unlawful use of marijuana in a public place to the list of offenses includable as elements of
persistent violation.
City of Ashland law enforcement officers have observed a marked increase in recent years in the
number of unlicensed dogs in the downtown area. With a few minor exceptions, Jackson County
requires that all dogs be licensed. Licensing a dog assures that a person or other animal that the dog
happens to bite will not contract rabies. At least in Jackson County, vaccination against rabies is a
prerequisite for obtaining a dog license.
The Council is considering at this November 3, 2015 business meeting a new provision concerning
nuisance dogs, proposed AMC 9.16.015, which would, in effect, require that dogs in public places
must have been vaccinated against rabies, unless they are puppies. If Council approves proposed
AMC 9.16.015, it may want to take the additional step of making failure to comply with it a new item
among the list of offenses that can accumulate to constitute the crime of persistent violation. Ensuring
to the extent possible that dogs found in the part of the city with the highest concentration of dogs and
Page 1 of 2
Ir,
CITY OF
ASHLAND
people, the downtown area demarcated as an Enhanced Law Enforcement Area, are not carriers of
rabies, will contribute to the health, safety, and sense of security of downtown pedestrians.
Another recent development noted by Ashland law enforcement officers has been the substantial
increase in marijuana smoking within the Enhanced Law Enforcement Area. A ban on consuming
marijuana was included as Section 54 in Ballot Measure 91, which Oregon voters approved in
November 2014. Adding the offense of unlawful marijuana use in public as another item among the
list of offenses that can accumulate to constitute the crime of persistent violation likely would help
deter commission of this offense in the downtown area by persons for whom fines or incarceration are
not effective disincentives.
COUNCIL GOALS SUPPORTED:
N/A.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve First Reading of the ordinance.
SUGGESTED MOTION:
I move to approve First Reading by title only of an ordinance titled "An Ordinance Amending AMC
Chapter 10.120.020 To Add Two Offenses as Possible Elements of the Crime of Persistent Violation"
[with the following changes...] and move the ordinance on to Second Reading.
ATTACHMENTS:
Proposed Ordinance
Page 2 of 2
M
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10.120.020
TO ADD TWO OFFENSES AS POSSIBLE ELEMENTS
OF THE CRIME OF PERSISTENT VIOLATION
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, City of Ashland law enforcement has experienced an increase of dog keepers
not attending to their dogs or their dogs' disruptive or dangerous behaviors and some keepers
are not licensing their dogs or vaccinating them against rabies in violation of AMC 9.16.015
and Jackson County Code 6.12.03; and
WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law
Enforcement Area is experiencing unlicensed and possibly unvaccinated dogs in particular
and is becoming an attraction for more such activity; and
WHEREAS, with the passage of Oregon Measure 91 legalizing conditional use of
marijuana, City of Ashland law enforcement has experienced an increase of public use of
marijuana in violation of state law; and
WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law
Enforcement Area is experiencing unlawful use of marijuana in particular and is becoming
an attraction for more such activity.
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.120.020 is amended as follows:
A. The person is convicted in Ashland Municipal Court for any combination of the following
crimes or violations occurring in separate incidents within a six month period within an
enhanced law enforcement area:
Ordinance No. Page 1 of 3
1) Three (3) or more Class A, B or C felonies or Class A or B misdemeanors;
2) Two (2) Class A, B or C felonies or Class A, B, or C misdemeanors plus one (1) or more
violations of the ordinances set forth in (4) below;
3) Three (3) or more Class C misdemeanors; or
4) Three (3) or more violations of any of the following ordinances or laws:
a. AMC 9.08.110--Scattering Rubbish;
b. AMC 9.08.170--Unnecessary noise;
c. AMC 9.16.010--Dogs-Control Required;
d. AMC 10.40.030--Consumption of Alcohol in Public_er•i
e. AMC 10.40.040--Open Container of Alcohol in Public;
L AMC 9.16.015--Dog License Required; or
:Z- Measure 91, Section 54.--Use of marijuana in public place prohibited.
SECTION 2. Savings. Notwithstanding this amendment, 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 ordinances(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 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 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 2015,
and duly PASSED and ADOPTED this day of 12015.
Barbara M. Christensen, City Recorder
Ordinance No. Page 2 of 3
SIGNED and APPROVED this day of , 2015.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 3 of 3
CITY OF
ASHLAND
Council Communication
November 3, 2015, Business Meeting
An Ordinance Amending AMC Chapter 10.120.010 to Add
Bill Patton Garden To Existing Enhanced Law Enforcement Area
FROM:
David Lohman, City Attorney, lohmand@ashland.or.us
SUMMARY
This agenda item seeks Council approval of amendments to include the Bill Patton Garden as part of
the Enhanced Law Enforcement Area referenced in the ordinance establishing the crime of persistent
violation in AMC 10.120.
BACKGROUND AND POLICY IMPLICATIONS:
Under current AMC Chapter 10.120 Persistent Violations, a person convicted of multiple specified
crimes or violations in any six consecutive months within a portion of the downtown designated as an
Enhanced Law Enforcement Area ("ELEA") can be found to have committed the crime of persistent
violation. Following a conviction for persistent violation, the Court can expel the offender from the
ELEA for not less than three months or more than one year. Similarly, under AMC 10.125 a person
who has been ordered to appear in court three or more times within a 12 month period and has failed to
do so can be expelled by the Court from the ELEA (or from any other area of the city where the
person's alleged offenses have occurred).
The current boundaries of the ELEA are shown on the map in Attachment 2, which also identifies the
Bill Patton Garden. The initial boundaries of the ELEA were based on inclusion of areas where certain
types of unlawful activity have occurred frequently and where the possibility of expulsion from the
area was expected to have a beneficial deterrent effect.
Based on Ashland Police Department ("APD") counts of crimes and violations in the ELEA and on
anecdotal evidence from APD officers and the Legal Department attorney serving as prosecutor in
Ashland Municipal Court, the possibility of expelling a persistent violator from a portion of the
downtown does appears to serve as a deterrent to certain unlawful conduct by some offenders for
whom the possibility of fines or incarceration is not a significant disincentive.
Over the last year or so, APD officers have relatively frequently encountered individuals engaged in
illegal conduct congregated in the Bill Patton Garden. The Garden borders the current ELEA but is
secluded enough to be an attractive spot for conducting the types of offenses the Persistent Violations
ordinance was intended to address.
The proposed amendment would include the Bill Patton Garden as part of Ashland's Enhanced Law
Enforcement Area.
Page 1 of 2
r`,
CITY OF
-ASH LAN D
COUNCIL GOALS SUPPORTED:
N/A.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve First Reading of the ordinance.
SUGGESTED MOTION:
I move to approve First Reading by title only of an ordinance titled "An Ordinance Amending AMC
Chapter 10.120.010 To Add Bill Patton Garden to Existing Enhanced Law Enforcement Area" [with
the following changes...) and move the ordinance on to Second Reading.
ATTACHMENTS:
1) Proposed Ordinance;
2) Exhibit "A" Map - Enhanced Law Enforcement Area, with Bill Patton Garden added;
3) Minutes: June 5 and June 19, 2012:
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=4983
http://www.ashlaDd.or.us/Agendas.asp?Display=Minutes&AMID=4971
4) Council Communication: June 19, 2012
http://www.ashland.or.us/Page.asp?Nav1D=14947
Page 2 of 2
IAi,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 10.120.010
TO ADD BILL PATTON GARDEN TO EXISTING
ENHANCED LAW ENFORCEMENT AREA
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 I 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, Bill Patton Garden area is adjacent to the existing Enhanced Law Enforcement
Area and although public is heavily landscaped and secluded from public view; and
WHEREAS, Bill Patton Garden is experiencing increased unlawful activity and becoming an
attraction for more such activity; and
WHEREAS, City of Ashland law enforcement considers it is necessary to include the Bill
Patton Garden to protect the public against health and welfare hazards posed by persons who are
attracted to Bill Patton Garden;
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.120.010B.1) is amended as follows:
10.120.010 Enhanced Law Enforcement Area and Persistent Violations, Misdemeanor
A. It is the intent of the City Council to protect discrete areas within the City that are
experiencing increased unlawful activity against becoming an attraction for more such activity
and to protect the public against health and welfare hazards posed by persons who are attracted
to these areas for opportunity to engage in or to contact others to engage in unlawful activity.
B. The City Council finds that the following geographic areas within the City are particularly
affected by unlawful behavior and/or are subject to a disproportionate number of incidents of the
unlawful activities comprising persistent violation as defined in AMC 10.120.020 below, and
declares each such area to be an enhanced law enforcement area:
Ordinance No. Page 1 of 2
1) Downtown Enhanced Law Enforcement Area, inclusive of Bill Patton Garden
Exhibit A;
SECTION 3. Savinl4s. Notwithstanding this amendment, 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 ordinances(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. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", 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 12015,
and duly PASSED and ADOPTED this day of _ , 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2015.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 2 of 2
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EXCERPT FROM MINUTES OF
ASHLAND CITY COUNCIL STUDY SESSION JUNE 5, 2012
3. First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 10
Public Peace, Morals, and Safety by Adding Sections 10.120 `Persistent Violations' and
10.125 `Persistent Failure to Appear'."
and
First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General
Penalties, Section 1.08.005F., 1.08.0101A.(1), and 1.08.020 to Effectuate Proposed
Ordinance Adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure
to Appear'."
Councilor Slattery disclosed his wife was the Executive Director of the Ashland Chamber of
Commerce and declared there was neither an actual nor a potential conflict of interest regarding
the matter.
Police Chief Terry Holderness described the map areas that depicted 10 reporting districts.
Area 4 was one of the smaller reporting districts and was located downtown. This section
received 4,000 or 40% of the calls to the police as compared to the largest district, Area 1 that
received 7,000 calls for service over the past year. Statistics showed 500 citations or arrests
were made in Area 4 with 462 in Area 1. The second largest district, Area 10, had a total of 256
arrests and citations over the past year. Area 4 had 35 repeat offenders and Area 10 had 18.
The significant concentration of repeat offenses in the downtown area justified the ordinance.
The ordinance would create two new violations, persistent violations that required someone to
commit three violations of criminal statues or ordinances in the downtown area within a 6-month
period. The second was persistent failure to appear and required someone to commit three
violations of failure to appear within a 12-month period. Chief Holderness described the
process for both ordinances and how the Municipal Court Judge retained the discretion not to
use exclusion. He recommended removing illegal camping from both ordinances, it was not a
common offense, and the community thought it targeted the homeless.
The range of offenses in the downtown area consisted of vandalism, public drinking, and use of
narcotics, urinating, and disorderly conduct. The ultimate goal was less criminal behavior in the
downtown area. Chief Holderness clarified they did not have many repeat offenders who were
students or minors skateboarding on the sidewalks. Students concerned with maintaining good
credit and minors having to appear in court with their parents served as deterrents.
Councilor Slattery/Lemhouse m/s to postpone the opt out policy for the automated meter
reading program to the June 19, 2012 Council meeting. Voice Vote: YES. Motion passed.
Lisa Beam/400 Liberty Street/Thought it was interesting the discussion during the meeting had
moved from quality of life to those who choose not to be respectful. If the ordinance was what it
took to change a person's decision-making, it was a good move for everyone. Giving someone
three opportunities was more than adequate and she hoped people saw it as a positive in the
downtown area.
Helga Motley/693 Clay Street/Shared a personal experience with a persistent violator who
drank in public because he was not allowed to drink at home. She was not frightened or
offended by his presence but voiced concern about petty ordinances that people cannot help
Page 1 of 6
but offend. She was reluctant to judge people for offending her sensibilities and did not want
the downtown to become a reverse ghetto where only nice things occurred.
Allan Peterson/807 Beach Street/Thought the ordinance criminalized alcohol, littering, and
camping to rid the downtown of unsightly elements. It would move the unwanted to other areas
like the Ashland Food Co-op. Raising a nuisance to the level of misdemeanor was not how he
wanted issues that were occurring across the nation addressed.
Cate Hartzell/892 Garden Way/Submitted a document into the record, shared 2011 citation
statistics for illegal camping in 2011, and hoped Council would remove illegal camping from the
ordinance. She read comments from a letter the American Civil Liberties Union (ACLU) was
sending to Council that recommended the ordinance have a reporting requirement, a sunset
clause and the City analyze if the ordinance moved targeted conduct to other parts of the city.
Frances Dunham/807 Beach Street/Was new to Ashland, and had never encountered rude
behavior by the diverse people she met in town or seen trouble. She thought the ordinance was
distressing, mean spirited, and not honest. If the intention was to protect peace, morals and
safety, why was there worry regarding open containers or sleeping? What she wanted
corrected was people violating pedestrian crosswalks and running stoplights.
Keith Haxton/110 7th Street/Noted the ordinance was complaint driven and the only complaints
he had seen were in the report submitted by Chamber of Commerce, all anonymous. He
thought sleeping outdoors was a crime of status and asked Council to remove illegal camping
from the ordinance. The other behaviors cited in the ordinance would move to different areas
and continue.
Leigh Madison/176 Orange Avenue/Equated repeat offenders cited for open containers to the
public drinking that occurred during First Friday Art Walk nights and wondered how many
people received citations for alcohol during those events. He questioned the fairness and
thought the ordinance targeted the poor and homeless.
Sandra Coyner/1160 Fern Street/Agreed with the rationale of dealing with repeat offenders but
did not think the ordinance would achieve those goals. The majority of people who were repeat
offenders were homeless and alcoholics. She supported the persistent failure to appear
ordinance but did not think the police and judicial system should have to enforce quality of life
and being respectful.
Jesse Sharpe/2227 Dollarhide Way/Urged the City to amend the ordinance and remove minor
violations. Under the new ordinance, people could face Class B misdemeanors for littering,
open containers, unnecessary noise, or sleeping on public property and face up to 6 months in
jail and fines up to $2,500. Anyone could easily violate the ordinance and some who did
needed medical help instead of jail and huge fines.
Vanessa Houk/137 5th Street/The ordinance would jail people for sleeping and that was not
right. People trying to get out of homelessness who violated the ordinance would have difficulty
obtaining Section 8 and Housing and Urban Development (HUD) housing due to criminal
records. She did not want Council to pass the ordinance but if they did, requested they amend
it, have a three-month trial, and remove the misdemeanor offenses, especially the camping.
Ryan Navickas/2060 Mill Creek Drive, Prospect OR/Thought the intention of the ordinance
was to exclude homeless people from downtown. He considered it cruel and unusual
Page 2 of 6
punishment to jail or fine people who had no alternative places to sleep. The City had not
attempted to remedy this problem. Alcoholism was a disease and courts had ruled that
punishing people seeking to satiate the disease of addiction was cruel and unusual
punishment. Other violations in the ordinance clearly associated with homelessness. The
City's negligence in providing safe shelter for the homeless was the root cause for many
complaints of community members aimed at the homeless. A good start would be funding a
day shelter instead of enacting the exclusion zone policy.
Don Hammond/632 Walnut Street/Favored a semblance of an exclusionary zone essentially
for safety issues. As a business owner, he employed 15-18 employees downtown who
frequently encountered people from the surrounding bars. He thought the ordinance was a tool
that should not be used to control or oppress the homeless community. People with no place to
sleep still needed to sleep. He encouraged the City to pursue all options to provide shelters,
temporary camping for the homeless, and coax Interfaith Care Community of Ashland (ICCA)
back into town as well as other organizations to help.
Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an
Ordinance entitled "An ordinance Amending AMC Chapter 10 Public Peace, Morals, and
Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 `Persistent Failure to
Appear and move said ordinance for Second Reading but to remove sections related to
prohibited camping.
DISCUSSION: Councilor Lemhouse agreed that camping was never the behavior issue
causing problems downtown. Councilor Slattery noted many shelters, missions, and meals
groups used an exclusionary zone effectively. It made sense to stop behavior that reached an
abusive state and the ordinance would do that.
Councilor Voisin commented the Economic Development report showed most businesses
maintained or increased sales and did not see how the violations downtown affected business.
Her concern was AMC 10.120.020 A. (4) listed violations a shelter or day center would have
alleviated and Council had not done enough regarding these issues.
Councilor Voisin motioned to amend motion to have the Police Chief report monthly on the
progress of the exclusion zone. Motion died for lack of a second.
Councilor Voisin motioned to add a sunset clause of three months to get through the tourist time
and have an assessment of exclusion zone. Motion died for lack of a second.
Councilor Silbiger explained arresting and fining persistent violators did not work. Most of
society would take it very seriously and alter their behavior if arrested. This was a criminal
issue, not homeless. He was not sure the ordinance would work but thought it may give repeat
offenders a reason to stop. Councilor Morris commented how often people told him they were
uncomfortable going downtown. He thought the ordinance would generate change. Repeat
violators were smart people and the ordinance would change their behavior. He supported the
motion as amended. Mayor Stromberg would have used clearly violent situations for the
ordinance before extending it to open containers in public.
Councilor Slattery/Chapman m/s to call for the question. Roll Call Vote: Councilor
Chapman, Morris, Slattery, Lemhouse, and Silbiger, YES; Councilor Voisin, NO. Motion
passed 5-1.
Page 3 of 6
Roll Call Vote on main motion: Councilor Silbiger, Lemhouse, Slattery, Morris, and
Chapman, YES; Councilor Voisin, NO. Motion passed 5-1.
Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an
Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties,
Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate Proposed Ordinance adding
AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear"' and
move said motion for Second Reading, removing the section pertaining to prohibited
camping.
DISCUSSION: Councilor Lemhouse observed the people concerned the City was creating an
elite area downtown were actually creating a reverse elite group of individuals acting without
consequence by defending their actions. An exclusionary zone already existed for citizens not
comfortable going downtown due to others who might violate their rights without repercussion.
The ordinance addressed behavior, not homelessness. He hoped it worked as a good deterrent
and no one reached the level of exclusion. Councilor Slattery added the ordinance was about
people having consequences for actions that put everyone at risk. The City owed it to all
populations, homed and homeless, to establish rules.
Councilor Voisin thought bad behavior was in the eyes of the beholder, did not think the
ordinance would work, and wanted to look at options. She addressed equal punishment and
explained many people failing to appear were mentally ill, disabled, and alcoholic, and therefore
not equal. She would not support the motion and thought Council should empathize with repeat
offenders and find out what was happening to cause their behavior. Councilor Chapman agreed
with Councilor Voisin there were people with medical and mental issues who needed help but
this was a separate issue. The ordinance was an extra tool for the Police Department to use
and he wanted to see if it was effective. Roll Call Vote: Councilor Silbiger, Chapman,
Lemhouse, Morris, Slattery, YES; Councilor Voisin, NO. Motion
Page 4 of 6
EXCERPT FROM MINUTES OF
ASHLAND CITY COUNCIL STUDY SESSION JUNE 19, 2012
3. Second Reading of an ordinance titled, "An ordinance amending AMC Chapter
10 Public Peace, Morals, and Safety by adding Sections 10.120 `Persistent
Violations' and 10.125 `Persistent Failure to Appear'."
Gretchen Vos/1673 Parker Street/Spoke on behalf of the citizens' group Ashland for
Inclusion who supported efforts to reduce crime in ways that were affective and
constitutional. The group disagreed with the persistent violations laws and thought the
City had not sufficiently addressed the issues raised by the American Civil Liberties
Union (ACLU).
Cate Hartzell/892 Garden Way/Read from an email she received from ACLU of
Oregon Executive Director David Fidanque in response to City Attorney Dave Lohman's
correspondence describing alternatives to both ordinances.
Eric Navickas/2060 Mill Creek Drive, Prospect/The ordinance would not address
situations like the fire that took place in the downtown area. He thought the City could
have been prevented the fire if there was a day use center with trained staff providing
outreach. There was no reason that someone should not have addressed this
individual's problem, found his medication, and contacted the Veterans Administration
Services. The exclusion zone was not a solution to these types of situations and if
applied in the extreme, could discriminate and exclude specific groups of people.
Assistant City Attorney Doug McGeary explained the process for the Persistent Failure
to Appear ordinance. If someone failed to appear for court three times within a 12-
month period, the City Attorney's office would file a failure to appear, the Ashland Police
Department would serve the citation requesting the individual come to Court within three
days to explain why they failed to appear. If they did not appear at that point, the Court
would decide whether to expel them from the area they committed the violation. This
aspect of the ordinance would apply throughout Ashland and not just the downtown
area.
City Attorney Dave Lohman read the ordinance title aloud, and changes that removed
Ashland Municipal Code (AMC) 10.120.020 Section C. Changes to AMC
10.120.040(B) added: "...or more than one year unless the court finds it necessary
to:" In AMC 10.25.010, staff changed the reference to AMC Subsection 1 from
10.120.020 to ORS 133.060 or 133.070. AMC 10.125.010(1)(a) added: "...requiring
a court appearance," to the end of the paragraph. AMC 10.125.020 Subsection
(2)(B) (i) added: "...requiring a court appearance," to the end of the paragraph. In
AMC 10.125.020(b) following AMC 120.020.0106: "...or other area of the city of
Ashland the court deems materially related to the persons, crimes, or violations,
or the protection of the public..." AMC 10.125.020(3) added: "...but not to exceed
one year..." to the end of the sentence.
Councilor Lemhouse/Chapman m/s to approve Ordinance #3066 as amended.
DISCUSSION: Councilor Voisin did not think there was enough evidence to indicate an
Page 5 of 6
increase in crime in the downtown area harmful to citizens or an increase of problems
period and that the ordinances targeted the homeless.
Councilor Voisin motioned to amend the ordinance to require regular reporting to
the Council on relevant issues related to this ordinance effects including but not
limited to numbers and types of violations, offenders, failures to appear,
exclusions and arrests after exclusion. Motion died for lack of a second.
Councilor Voisin motioned to amend the ordinance so it will sunset after a
specific period of time and not be renewed unless at that time, a majority of
Council vote that a preponderance of evidence shows that is beneficial. Motion
died for lack of a second.
Councilor Voisin motioned to amend the ordinance AMC 10.120.020 Section A to
remove point 4 which lists the five city ordinances that could be used as a basis
for an order of exclusion. Sections 1 23 naming felonies and misdemeanors as
grounds would remain as they stand in the proposed ordinance. Motion died for
lack of a second.
Councilor Slattery clarified this was an issue about abusive behavior, not
homelessness, and citizens had the right to establish behavior.
Councilor Slattery/Lemhouse m/s called for the question. Roll Call Vote:
Councilor Chapman, Silbiger, Slattery, Lemhouse, and Morris, YES; Councilor
Voisin, NO. Motion passed 5-1.
Roll Call Vote on the main motion: Councilor Chapman, Silbiger, Slattery,
Lemhouse, and Morris, YES; Councilor Voisin, NO. Motion passed 5-1.
1. Second Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 1.08 General Penalties, Section 1.08.005F., 1.08.0101A.(1), and
1.08.020 to Effectuate Proposed Ordinance Adding AMC 10.120 `Persistent
Violation' and AMC 10.125 `Persistent Failure to Appear'."
Councilor Lemhouse/Chapman m/s to approve Ordinance #3067.
DISCUSSION:
Councilor Silbiger called for the question. Roll Call Vote: Councilor
Silbiger, Morris, Lemhouse, Chapman, and Slattery, YES; Councilor Voisin,
NO. Motion passed 5-1.
Roll Call Vote on the main motion: Councilor Silbiger, Morris, Lemhouse,
Chapman, and Slattery, YES; Councilor Voisin, NO. Motion passed 5-1.
Page 6 of 6
CITY OF
ASHLAND
Council Communication
June 19, 2012 Business Meeting
Second reading of proposed ordinances to restrict persistent offenders in the
downtown business district
FROM:
Terry Holderness, Police Chief, hoIdernet@ashland.or.us
SUMMARY
The City Council, at its business meeting on June 5, 2012, approved the first reading of two ordinances
to restrict persistent offenders in the downtown business district, with an amendment removing AMC
1 0.46.020 Prohibited Camping as one of the persistent violation offenses from the two ordinances.
The ordinances will authorize the court to restrict persistent offenders from the downtown business
district for a limited time as a consequence for multiple offenses in the downtown area or as a
consequence for failing to appear in court multiple times to respond to criminal charges or to citations
for certain ordinance violations. The proposed ordinances presented for second reading include
improvements over those approved at First Reading in that they incorporate some of the clarifications
and simplifications suggested by members of the public. The changes will be highlighted during the
presentation to Council. Staff is requesting Council approve the second reading of two ordinances with
their suggested amendments.
BACKGROUND AND POLICY IMPLICATIONS:
Over the last two years city staff has seen an increase in complaints from residents, visitors and
business owners regarding the behavior of individuals that are engaging in unlawful or annoying
conduct in the downtown. These complaints include aggressive panhandling, making lewd and
lascivious comments to people on the street, blocking sidewalks, being unnecessarily loud, trespassing,
using and being under the influence of drugs and/or alcohol in public places, urinating in public,
littering and leaving trash, and various other forms of disorderly conduct. Some of the activities that
generate complaints rise to the level of being law violations; others do not.
Of those individuals whose conduct did constitute violations of existing law last year, several were
cited or arrested more than 20 times; one was cited or arrested for 31 incidents. In 2010, the top ten
violators had 168 citations or arrests for separate incidents between them. In 2011, the top ten
violators had 184 citations and arrests between them and for the first four months of 2012, the top ten
violators have 64 citations or arrests for separate incidents. The largest concentration of offenses
occurs in the downtown area. In 2010, the most frequent offenders had 100 citations or arrests for
separate incidents between them in the downtown area. In 2011, the top offenders had 95 citations or
arrests for separate incidents between them in the downtown area. During first four months of 2012,
the top ten violators have 31 citations or arrests for separate incidents in the downtown area.
Many of those cited or arrested multiple times appear to have little concern about the consequences of
the violations and have not paid anything toward the fines imposed by the Municipal Court Judge as
Page 1 of 3
11FAW,
CITY OF
ASHLAND
penalties for their violations. Even when the behavior constitutes a misdemeanor under the Oregon
statutes, space limitations in the Jackson County jail preclude holding violators of minor crimes for
very long, if at all. Many violators are aware of that fact. Further, many of these repeat violators avoid
sentencing altogether by failing to appear in court to respond to the allegations against them. For
them, too, the threat of jail time for failing to appear in court as ordered is an unrealistic sanction.
On January 31, 2011, the Police Department recommended to the Council that it consider use of
ordinances to restrict persistent offenders from the downtown. After discussion at several meetings,
the Council tabled that recommendation.
On April 3, 2012 the Council directed the Police Department and the City Attorney to bring an
ordinance to the Council that would restrict violators of selected ordinances or statutes from the
downtown area for a limited time.
On May 14, 2012 the Police Chief and City Attorney presented the Council with several options for
how an ordinance dealing with persistent offenders could be structured and what offences should be
included in the ordinance. The attached ordinances are intended to reflect and reconcile as much as
possible the guidance and concerns expressed by Councilors at the May 14 Study Session.
One of the proposed ordinances is in two parts. The first part would add Section 10.120 to AMC
Chapter 10. It would (1) establish the Class B misdemeanor of Persistent Violation for multiple
offenses within an enhanced law enforcement area and/or for a person's entry into an enhanced law
enforcement area while that person is currently expelled; (2) establish the downtown area as an area in
which the penalties for Persistent Violation may include temporary expulsion; and (3) make temporary
expulsion from the downtown area a presumptive penalty for Persistent Violation unless the court
determines a different penalty is more appropriate.
The second part of this ordinance adds Section 10.125 to AMC Chapter 10. This part establishes a
procedure to compel attendance of those persons who persistently fail to appear in court after being
personally cited for a criminal offense or certain ordinance violations requiring mandatory appearance.
Working in conjunction with the new AMC 10.120, this ordinance addresses our lack of ability to hold
persons accountable who choose not to show up at court in order to avoid sentencing or expulsion for
their persistent violations.
The other proposed ordinance would amend AMC Chapter 1.08 to make court appearances for selected
ordinance violations within an enhanced enforcement area mandatory, and to make clear that expulsion
may be imposed as a penalty for a Persistent Violation misdemeanor. This proposed amendment is
required to make the above proposed additions to AMC Chapter 10 effective.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the second reading of the two attached ordinances concerning
restriction of persistent offenders from the downtown business district, as amended.
Page 2 of 3
!TAWA
CITY OF
ASHLAND
SUGGESTED MOTION:
Presenting two separate, amended ordinances for consideration, the Council must make two
independent motions:
I. I move to approve the Second Reading of an Ordinance entitled, "An Ordinance Amending
AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation"
and 10.125 "Persistent Failure to Appear" and adopt the ordinance.
2. I move to approve the Second Reading of an Ordinance entitled "An Ordinance Amending
AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate
Proposed Ordinance adding AMC 10.120 "Persistent Violation" and AMC 10.125 "Persistent Failure
to Appear" and adopt said ordinance.
ATTACHMENTS:
Proposed Ordinances
Map of proposed Downtown Enhanced Law Enforcement Area
Page 3 of 3
IWALA&A
CITY OF
ASHLAND
Council Communication
November 3, 2015, Business Meeting
An Ordinance Amending AMC 9.08.010 and 9.08.040
Concerning Keeping of Animals
FROM:
Dave Lohman, City Attorney, lohmand@ashland.or.us
SUMMARY
This agenda item seeks approval of an ordinance amending the Definitions and Keeping of Animals
sections of Ashland's nuisance ordinance to make clear that driving, riding or leading livestock or wild
animals in any street, public right-of-way, or city park is deemed to be a public nuisance except under
the terms of a valid special use permit issued by the City Administrator.
BACKGROUND AND POLICY IMPLICATIONS:
The "Keeping of Animals" provision of the City's current nuisance ordinance, AMC 9.08.040,
specifies that certain animals cannot be kept within the City unless specific conditions are met. Pigs,
rabbits, chickens, turkeys and miniature goats, among others, are specifically named. There is a
specific provision on how far a stable housing large livestock must be from a neighbor's dwelling.
Otherwise, ordinary large farm livestock, such as sheep, cows, horses and full-sized goats are not
specifically named, nor are wild animals, such as cougars and wolves. But only if common sense is
ignored could one conclude such animals should be walked, herded, kept or allowed to feed on public
streets and other public property within the City.
On multiple occasions recently, a small group of sheep has been brought into downtown and other
areas of Ashland, resulting in unsanitary conditions, property damage, and traffic hazards. The person
responsible was cited for violating the provision on "Keeping of Animals" in the City's nuisance
ordinance. Although the current provision does not specifically address such ordinary farm livestock,
the Court found the defendant guilty.
The general language of the provision on keeping of animals clearly can be interpreted to include
keeping large farm livestock out of public spaces in the downtown area: That is presumably the
conclusion the Court reached in the case described above. But adding a specific subsection concerning
unpermitted use of public property for keeping or herding farm livestock, as well as wild animals,
would be a prudent clarification in order to forestall possible future misunderstandings.
As currently worded, the proposed ordinance amendment applies to horses as well as other large farm
livestock and wild animals. On busy City streets, horses do present some risk to passersby and even to
their riders. But given the long history and popularity of horses as a mode of recreation and transport
in Ashland, the Council may want to consider amending the definition of "Livestock" in Section
908.0101 of the proposed ordinance amendment to exclude horses.
Page I of 2
~r,
CITY OF
ASHLAND
A person violating this ordinance would be subject to a citation to appear in Municipal Court on the
charge of Keeping of Animals, which would be punishable as a Class III violation. A Class III
violation could result in a fine of up to $200, plus applicable state, county, and city assessments and
surcharges.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve the ordinance on first reading by title only.
SUGGESTED MOTION:
I move to approve First Reading of an Ordinance titled, "An Ordinance Amending AMC Chapter 9.08,
9.08.010 Definitions and 9.08.040 Keeping of Animals" and put the proposed Ordinance on a future
Council meeting agenda for Second Reading.
ATTACHMENTS:
Proposed Ordinance
Page 2 of 2
Imo,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 9.08.010 AND 9.08.040
CONCERNING KEEPING OF ANIMALS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined 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 State of Oregon recognizes that agricultural and urban activities regularly
conflict with each other and therefore it has been necessary and desirable to develop land use
planning and regulations that separate these activities;
WHEREAS, it is necessary to protect the public against the serious health and safety risk posed
by livestock and other farm animals drawn into contact with humans and urban infrastructure;
WHEREAS, the City's existing ordinances generally address nuisances presented by certain
farm animals but fail to specifically address the general possession and maintenance of farm
animals or livestock within the urban area; and
WHEREAS, the City of Ashland has experience through its operations that unregulated feeding,
driving or otherwise maintaining livestock within the city limits creates public health hazards by
increasing traffic hazards, damaging vegetation, and potentially spreading disease, injury by
vehicles or attracting conflicts with common companion animals, domesticated for and more
suited for the urban environment.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.08 Nuisances, Section 9.08.010 Definitions is hereby amended to read
as follows:
Section 9.08.010 Definitions
Unless the context requires otherwise, the following mean:
A. "Apiary" means the assembly of one or more colonies of bees at a single location.
B. "Beekeeper" means a person who owns or has charge of one or more colonies of bees.
Ordinance No. Page 1 of 6
C. "Colony" means an aggregate of bees consisting principally of workers, but having, when
perfect, one queen and at times drones, brood, combs, and honey.
D. "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose.
E. "Nucleus colony" means a small quantity of bees with a queen housed in a smaller than
usual hive box designed for a particular purpose not including surplus honey storage or
harvesting.
F. "Person" means a natural person, firm, partnership, association, or corporation, whether
acting as an individual or as the clerk, servant, employee, or agent of another;
G. "Person in Charge of Property" means an agent, occupant, lessee, contract purchaser, or
person, other than the owner, having possession or control of the property;
H. "Public Place" means a building, way, place, or accommodation, whether publicly or
privately owned, open and available to the general public.
1. "Livestock" means domesticated animals typically raised on a farm or ranch.
J. "Micro-livestock" means species of livestock that are small breeds of cattle, sheep,
goats, and pigs, that are less than about half the size of the most common breeds.
K. "Wild Animals" means animals that have not been domesticated or tamed and are
usually living in a natural environment, including both game and nongame species,
including exotic animals that are not native to the United States or were introduced
from abroad.
SECTION 2. Chapter 9.08 Nuisances, Section 9.08.040 Keeping of Animals is hereby amended
to read as follows:
Section 9.08.040 Keeping of Animals
A. Dogs. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three
(3) dogs over the age of three (3) months on any one (1) parcel or tract of land.
B. Swine. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the
provisions of section ' 8ivz0.020 18.2.3.160D, keeping or maintaining swine commonly referred to as
Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to
the following:
1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95
pounds.
2. No more than one such pig shall be kept at any one parcel or tract of land.
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the person keeping or
maintaining them or to the property of another if such other person has given express
permission;
b. Be confined to a car or truck when off property where otherwise confined;-er_
Be leash of longer than x feet i length.
4. Such pigs shall be kept in accordance with the standards of minimum care for domestic animals
as set forth in ORS 167.310.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. Micro-livestock,,4Hthtd+ng eChickens, domestic fowl, turkeys, rabbits, and miniature goats, may be
kept or maintained provided each of the following requirements is continuously met:
Ordinance No. Page 2 of 6
I . The total number of all micro-livestock, including both adult and juvenile animals, that may kept
or maintained on any single property shall be limited to no more than ten (10) animals on
properties of 5000 square feet or less, and no more than two (2) additional animals for each one
thousand (1,000) square feet of lot area in excess of five thousand (5000) square feet, up to a
maximum of twenty (20) animals.
2. Chickens and Domestic Fowl. For purposes of this chapter, "domestic fowl" means quails,
pheasants, pigeons, doves, and Muscovy ducks (Cairina moschata).
a. No more than five (5) adult chickens or domestic fowl (over six months of age) and five (5)
juvenile chickens or domestic fowl (less than 6 months of age) shall be kept or maintained on
properties of five thousand (5000) square feet or less;
b. No more than one (1) adult chicken or domestic fowl (over six months of age) and one (1)
juvenile chickens or domestic fowl (less than 6 months of age) for each one thousand (1,000)
square feet of lot area, shall be kept or maintained on properties greater than five thousand
(5000) square feet,
c No more than two (2) adult turkeys (over 6 months of age), and two (2) juvenile turkeys (less
than 6 months of age) shall be kept or maintained on properties of less than one acre.
d. Roosters, geese, and peacocks are prohibited.
3. Rabbits. No more than six (6) adult rabbits (over six months of age) shall be kept or
maintained on properties of less than one acre.
a. Nursing offspring born to permitted adult rabbits may be kept until such animals are
weaned.
b. Rabbits shall be kept in a hutch or fenced enclosure.
4. Miniature Goats. For purposes of this chapter "miniature goats" are those goats commonly
known as pygmy, dwarf, and miniature goats weighing less than 951bs at full size.
a. No more than two (2) adult miniature goats over six months of age shall be kept or
maintained on properties of less than one acre.
b. Nursing offspring born to permitted adult miniature goats may be kept until such
animals are weaned.
c. Solitary miniature goats are not permitted.
d. Male miniature goats shall be neutered.
5. Micro-livestock shall be allowed on properties containing multi-family complexes,
including duplexes provided the following are continuously met:
a. The property owner, or designated property manager, has provided written
notification to all residents of the multi-family complex, and to the City, verifying the
keeping of animals on the property will comply with the requirements of this chapter.
Written notification shall include the following;
i. Property owner, property manager, or Home Owner Association representative
contact information, including the name, address and phone number(s).
ii. 24 hour emergency contact information for an onsite resident designated as the
primary responsible party for animal care and maintenance. Contact information
shall include the name, address and phone number of the responsible party.
iii. The City requirements for the keeping of micro-livestock including the maximum
number and type of animals permitted on the subject property and maintenance
requirements per this chapter.
Ordinance No. Page 3 of 6
b. Micro-livestock must be secured at all times and located at least twenty (20) feet from
any dwelling within the multifamily complex or dwellings on adjoining properties.
c. The area in which micro livestock are kept shall be continuously maintained
regardless of any change of building tenancy or property ownership.
d. The construction of accessory buildings and structures for the purpose of housing
micro-livestock upon multi-family zoned properties occupied by two (2) or more
residential units is subject to site design review standards outlined in Chapter
18.72.5.2 of this code.
6. In residential zones micro-livestock shall be kept primarily for personal use. Sale of
surplus eggs, honey or similar animal products produced by on-premises micro-livestock
is permitted in compliance with applicable licensing and inspection requirements of the
Oregon Department of Agriculture.
7. Micro-livestock must be secured at all times and located at least twenty (20) feet from
dwellings on adjoining properties:
a. secure enclosure shall be provided to protect micro-livestock from predators and to
provide shelter from the weather;
b. Micro-livestock enclosures shall meet the requirements of AMC 18.68.'a
(4)2.5.040E and shall be located at least ten (10) feet from neighboring properties;
8. To protect public health, the areas in which micro-livestock are kept must be maintained
in compliance with AMC 9.08.060 and the following requirements:
a. Animal feed must be kept in rodent- and raccoon-proof containers;
b. Animal manure must be collected, stored, and removed from the property on a regular
basis in accordance with the following requirements:
i. All stored manure shall be within a non-combustible, air-tight, container and
located in accordance with the Oregon Fire Code relating to the outdoor storage
of combustibles;
ii. No more than one 20-gallon container of manure shall be stored on any one
property housing micro-livestock; and
iii. All manure not used for composting or fertilizing shall be removed;
9. Micro-livestock enclosures, including chicken coops and runs, rabbit hutches, and goat
barns shall be built in compliance with AMC 18. 2.5.040E and with all
applicable building and zoning codes;
10. The requirements of AMC 18.20.0 2.3.160 regarding of the keeping of livestock
shall not apply to the keeping of micro-livestock or the buildings and structures that
house micro-livestock.
11. Noise resulting from the keeping or maintaining of micro-livestock must not exceed the
limitations set forth in AMC 9.08.170.
D. Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of
any kind or character wherein bees are hived is subject to the following:
Ordinance No. Page 4 of 6
I . Registration with the city is required to keep beehives within the city limits and the
Director of Community Development shall provide a beekeeping registration process.
2. No more than three (3) bee colonies shall be kept or maintained on properties of less than
one acre.
3. No more than five (5) bee colonies shall be kept or maintained on properties of one acre
or greater.
4. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound
and usable condition.
5. For each colony permitted to be maintained under this ordinance, there may also be
maintained upon the same property, one nucleus colony in a hive structure not to exceed
one standard 9-5/8 inch depth 10-frame hive body.
6. In each instance where a colony is kept less than twenty five (25) feet from a property
line, a flyway barrier at least six (6) feet in height shall be maintained parallel to the
property line for a minimum of ten (10) feet in either direction from the hive. The flyway
barrier may consist of a wall, fence, dense vegetation or a combination there of, such that
bees will fly over rather than through the material to reach the colony.
7. A constant supply of fresh water shall be provided for the colonies on site within fifteen
(15) feet of each hive.
8. Each beekeeper shall ensure that no wax comb or other material that might encourage
robbing by other bees are left upon the grounds of the property. Such materials once
removed from the site shall be handled and stored in sealed containers or placed within a
building or other insect proof container.
9. If the beekeeper serves the community by removing a swarm or swarms of honey bees
from locations where they are not desired, the beekeeper shall be permitted to temporarily
house the swarm on the property for no more than 30 days from the date acquired.
10. The sale of surplus honey or bee's wax produced on site shall be permitted on the
property where the keeping of bees is permitted.
11. Africanized bees are prohibited.
F. No person shall keep or maintain a stable housing large livestock within one hundred (100)
feet of another dwelling.
G. No person shall drive, ride or lead livestock or wild animals in any street, public right-
of-way, or city park except under the terms of a valid special use permit issued by the
City Administrator.
H. Were Where the conditions imposed by subsections (B) to (#G) of this section differ from
those imposed by another ordinance, the provision which is more restrictive shall control.
1. The applicable minimum care requirements of ORS 167.310 shall apply to all animals
identified in this section.
J. Keeping of animals is a Class III violation.
Ordinance No. Page 5 of 6
SECTION 3. Savings. Notwithstanding this amendment, 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 ordinances(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. Severabilitv. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", 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. 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 2015,
and duly PASSED and ADOPTED this day of , 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2015.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 6 of 6
CITY OF
-ASH LAN D
Council Communication
November 3, 2015, Business Meeting
First Reading of an Ordinance Amending Chapter 9.18.020 to Include Additional
Definitions of Behavior Constituting Elements of Chronic Nuisance
FROM:
Margueritte Hickman, Division Chief, Fire, margueritte.hickman@ashland.or.us
SUMMARY:
The purpose of this ordinance amendment is to add certain fire code violations to the City's existing
ordinance on chronic nuisances. While penalties for fire code violations already exist, this amendment
would provide additional sanctions that may result in greater compliance with laws requiring actions to
prevent life threatening conditions from developing in structures where people congregate.
BACKGROUND AND POLICY IMPLICATIONS:
The current Chronic Nuisance Properties ordinance generally addresses the problem of persons who
allow unsafe conditions to develop on property they control despite having been sanctioned for
allowing such conditions to occur on previous occasions. The current ordinance allows the Chief of
Police to issue a Chronic Nuisance Property citation to a person who allows any of eight specified
crimes or violations to occur on a single property three or more times within any thirty-day period. If a
court agrees that the property qualifies as a chronic nuisance, the court may order closure for up to 180
days or any other remedy deemed to be appropriate to abate the nuisance, including financial penalties
of up to $100 per day.
The proposed ordinance would add two already-outlawed conditions to the current list of offenses that
can result in designation of a property as a chronic nuisance: overcrowding and blocking of exits.
City and State Fire Code already forbids allowing these two conditions to occur, along with a number
of other fire-related prohibitions. Staff considered proposing to add five more Fire Code violations to
the list of offenses that could lead to designation as a Chronic Nuisance Property. To keep focus on
situations that repeatedly pose the greatest immediate threats to life; to keep from adding even more
enforcement workload that exceeds staffing capacity to carry out; and to avoid diluting the
discomfiture that accompanies identification as proprietor of a chronic nuisance property, staff
ultimately recommended adding only overcrowding and blocking of exits. In case Council wishes to
entertain adding other Fire Code violations to the ordinance on Chronic Nuisance Properties, the full
list of Fire Code violations staff considered as possible additions is attached to this Council
Communication.
Tragedies in nightclubs and bars have recurred throughout the history of the U.S. and world, most
recently the 2001 Station Night Club Fire in Rhode Island. Investigations of these tragic fires point to a
few specific common issues: overcrowding, blocked exits, lack of fire protection systems. (NFPA Case
Study: Nightclub Fires, 2006).
Page 1 of 2
~r,
CITY OF
-ASHLAND
At least annually and as new establishments open or as owners change, the Fire Department provides
education to bar and nightclub owners in an effort to prevent overcrowding and blocked exits. These
are two zero-tolerance violations, AF&R advises owners and managers they will receive a citation on
first offense. Other Fire Code enforcement actions begin with an inspection, education and notice of
violation that includes the corrections that need to be made. A reinspection is completed in a
reasonable timeframe to check for compliance. Ultimately, citations for fire code violations need to be
issued only rarely.
While both APD and AF&R write citations for overcrowding and blocked exits, there have been some
establishments that seem to treat paying the fines for these violations as just another cost of doing
business. Previously, we changed the penalties section of the ordinance to allow more than one
citation per day for fire code violations deemed to be an immediate life threat.
Adding these fire code violations to the nuisance ordinance would provide greater incentive to owners
to comply. Failure to comply multiple times could prevent them from operating their business on site.
COUNCIL GOALS SUPPORTED:
Goal 23: Public Safety - Support innovative programs that protect the community.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve the addition of these fire code violations to the nuisance
ordinance.
SUGGESTED MOTION:
I move to approve the First Reading of an Ordinance titled, "An Ordinance Amending Chapter
9.18.020 to Include Additional Definitions of Behavior Constituting Elements of Chronic Nuisance"
and place it on a future Council agenda for Second Reading.
ATTACHMENTS:
Proposed ordinance
List of Fire Code provisions considered for inclusion in Chronic Nuisance Property Ordinance.
Page 2 of 2
Ir,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9.18.020 TO INCLUDE
ADDITIONAL DEFINITIONS OF BEHAVIOR CONSTITUTING
ELEMENTS OF CHRONIC NUISANCE
Annotated to show deletions and additions to the code sections being modified. Deletions
are bold lined thfo gh 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 City currently does not have an adequate remedy for persistent Ashland Fire
Prevention code violations which threaten the health and safety of customers or guests of
businesses or residences within the City; and
WHEREAS, the City of Ashland's Chronic Nuisance ordinance under AMC 9.18.020 is
effective at remedying persistent and inherently dangerous behavior by expediting the abatement
process;
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9.18 Chronic Nuisance Property, Section 9.18.020 Definitions is
amended as follows:
Section 9.18.020 Definitions
A. Chronic Nuisance Property
Property upon which three or more of the below listed behaviors occur during any 30-day period
as a result of three separate factual incidents that have been independently investigated by the
Ashland Police Department.
1. Harassment as defined in ORS 166.065, excluding provision I(b).
2. Intimidation as defined in ORS 166.155 through 166.165.
3. Disorderly conduct as defined in ORS 166.025, excluding provision I(b).
4. Furnishing liquor to a minor as defined in ORS 471.410.
5. Minor in possession as defined in ORS 471.430.
6. Unnecessary noise as defined in AMC 9.08.170.
7. Manufacture or delivery of a controlled substance as defined in ORS 475.992.
Ordinance No. Page I of 2
8. Delivery of a controlled substance to a minor as defined in ORS 475.995.
9 Failure to comply with the following provisions of the Orelzon Fire Code ("OFC")
contained in ORS Chapter 480 and related Oregon Administrative Rules and adopted in
Ashland Municipal Code 15.28:
a. OFC 1030 - Maintain the means of ezress.
b. OFC 107.5 - Overcrowdin4.
SECTION 2. Savings. Notwithstanding this amendment, 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 ordinances(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 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 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 2015,
and duly PASSED and ADOPTED this day of _ , 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2015.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 2 of 2
Fire Code Provisions Considered for Inclusion in Chronic Nuisance Property
Ordinance:
• OFC 1030 - Maintain the means of egress.
• OFC 107.5 -Overcrowding.
• OFC 403 - Implement and follow a public safety plan or maintain crowd managers.
This section of the code allows the fire department to determine the need for a public
safety plan including the need for fire, emergency medical or police personnel if the
nature of the event has an adverse impact on public safety.
• OFC 305 - Ignition sources - this includes placing ignition sources too close to
combustibles and negligent burning.
• OFC 308 - Open flames includes portable fueled devices, flaming food and beverage
prep, open flame decorative devices when not permitted.
• OFC 310 - Smoking - in prohibited areas and discarding in a manner that could cause
ignition. Fire has received several complaints over the years about discarded cigarette
butts.
• OFC 901.6 - Maintain all fire protection systems (i.e., fire sprinklers, fire alarm,
kitchen hood suppression). Again, while already required by the fire code, this would
further incentivize building or business owners in the event there was a lack of
compliance to keep a fire protection system in working order.