Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2016-0105 Council Agenda PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time 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 Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 5, 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 L CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. ELECTION OF COUNCIL CHAIR V. MAYOR'S ANNOUNCEMENTS VI. APPROVAL OF MINUTES 1. Study Session of December 14, 2015 2. Executive Session of December 14, 2015 2. Business Meeting of December 15, 2015 VII. SPECIAL PRESENTATIONS & AWARDS 1. Annual Presentation by the Planning Commission 2. Proclamation of January 9, 2016, as Christmas Tree-Cycle Day in Ashland VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forurn is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] IX. CONSENT AGENDA 1 Minutes of boards, commissions, and committees 2. Liquor license application for Petra Jung dba Scarpetta 3. Liquor license application for Andrew Van Slee dba Wiley's Trattoria 4. Appointment of Jim Hartman to the Climate and Energy Action Plan ad hoc 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 Committee 5. Endorsement of Soroptimist International of Ashland for the purpose of hanging a banner 6. Special Procurement of a new Honda Police motorcycle 7. Special procurement for audio and video equipment upgrades in Council Chambers 8. Appointment of Shannon Downey to the Forest Lands Commission X. 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. XI. UNFINISHED BUSINESS 1. Recommendation from the Public Art Commission for Gateway Island Public Art XII. NEW AND MISCELLANEOUS BUSINESS 1. Options to move forward with UPRR and DEQ 2. Request to extend City water service outside of City limits XIII. ORDINANCES RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.2, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to the homegrown marijuana cultivation and marijuana-related businesses including production, processing, retail sales, testing, and wholesale and declaring and emergency" 2. First reading by title only of and ordinance titled, "An ordinance amending Chapters 10.68.400 and 11/08 and replacing Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 with new Chapter 11.26 to update and unify parking regulations and to authorize City Council to establish presumptive parking violation fines by resolution" and move to second reading XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 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 December 14, 2015 Page I of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 14, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council Chambers. Councilor Rosenthal, Seffinger, Voisin, Lemhouse, and Marsh were present. Councilor Morris arrived at 5:45 p.m. Mayor Stromberg moved agenda item 5. Review of staffing options for Ashland Fire & Rescue after agenda item 2. Look Ahead review. 1. Public Input Huelz Gutcheon/2253 Hwy 99/Explained the four parts of energy were generation, efficiency, conservation, and ecology. Energy generation included solar panels, gas, or thermal energy. Energy efficiency pertained to items like cars or computers that did more using less energy. Energy conservation covered behavior through teaching and learning. Energy ecology related to efficiencies that used the least amount of poison. Carbon fit into the ecology category. A human being generated 100-kilowatt hours of energy. The efficiency of the human body was 85%. Ashland wasted $7,000,000 a year not learning about externalities. John Chmelir/3743 Calle Vista/Gave the City Administrator a signed construction easement. He asked for an exception for fire lines on his property if nothing else. The proposed connection went to an 8-inch line connected to the fire hydrants, not to the transmission line. It was an internal distribution line. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Review of staffing options for Ashland Fire & Rescue Fire Chief John Karns recommended Council consider three options listed under the Conclusion of the Ashland Fire & Rescue Staffing Menu document. The first would implement the 8/10 staffing with a commitment to 9/10 staffing in the future. The second eliminated non-emergent transfers. The third was Administrative Options that included a residential sprinkler ordinance, supporting a WUI Fire Code, the Age-Friendly Housing Program, and Senior Fall Prevention and Fire Safety Training. City Administrator Dave Kanner thought adding staff would increase the rate at which costs increased in the Fire Department. Adding three firefighters immediately would offset overtime costs initially but every firefighter had overtime built into their positions that increased as they moved up the pay scale and wages increased. The Fire Department needed a certain number of people on staff and often used overtime to maintain that level. Another issue was the Public Employee Retirement System (PERS) would go up in the next biennium to an amount equivalent of a full time firefighter or police officer. He agreed with Chief Karns that an 8/9 staff level did not provide adequate coverage. The option that made best sense was hiring one firefighter/paramedic per year for six years. He also supported eliminating non-emergent medical transfers. Chief Karns explained eliminating non-emergent transport would entail contacting Jackson County and putting out a request for proposal (RFP) for a third party that would contract with the Fire Department. Currently, Mercy Flights thought assuming the non-emergent transports was viable. The RFP process would take 4-6 months. City Council Study Session December 14, 2015 Page 2 of 3 Merging with Fire District 5 or creating a Special Fire District was typically a five-year process. Several programs currently offered through the Fire Department would change. Forming a new district or merging was political, and the community might not be receptive. Establishing special districts was a new trend throughout the nation. Mr. Kanner added they would have to amend the City Charter if the Fire Department merged or formed a special district. Chief Karns was not opposed to a student program. It would not solve the staffing problem and cost 25% of a career firefighter's salary to fund. He was resistant to add a student program without adequate career staff. Council discussed options and directed staff to bring back information on the following: • Identify additional revenue sources, steps needed to attain an adequate staff level and a plan to get there • Eliminating the non-emergent medical transfers • Residential fire sprinkler code • WUI code • Explore special districts, combined districts, and bring back a range of options • Implementing a Senior Fall Prevention and Fire Safety Training • Implementing an Age-Friendly Housing Program 4. Hosler Dam Federal Energy Regulatory Commission Part 12 update Engineering Services Manager Scott Fleury explained the City, as owner-operators of the Hosler Dam and power plant, followed certain guidelines and requirements mandated by the Federal Energy Regulatory Commission (FERC). Of the five subparts of Part 12, C-Emergency Action Plans and D-Inspection by Independent Consultant were the most important. Subpart C-Emergency Action Plans detailed the development and continual updating of the Emergency Action Plan pertaining to potential failure, eminent failure, or flash flood issues associated with the dam. For subpart D-Inspection by Independent Consultant, the City hired AECOM Senior Civil Engineer Steve Samuelson. The reports detailed potential failure modes of the dam and hazard categories. One item Mr. Samuelson was working on with FERC was the erosivity of the left abutment. They were meeting with FERC the following day to determine how to protect the left abutment in the case of over topping, a situation where water came over the parapet walls and the dam face. Hosler dam had never over topped. The spillway was a 120-foot channel water came through naturally when it reached that level. Senior Engineer Pieter Smeenk explained during the 1997 flood Hosler Dam came close to overtopping due to a lot of debris built up in the dam. Mr. Samuelson addressed the left abutment erosivity study, shared the history of prior studies, and explained FERC had concerns regarding the rock structure under the dam that could ultimately result in erosive failures to the foundation. He described what they analyzed during the studies, frequency, and response from FERC. He provided examples of what the City could do to reinforce the left abutment. 5. Discussion and options: extension of City water services outside of City limits City Administrator Dave Kanner explained Ashland Municipal Code 14.04.060 had criteria for requests from properties outside city limits to connect to City water. John Chmelir's property could not meet those criteria. Mr. Chmelir would present his case before Council at the January 5, 2016 meeting. Mr. Kanner read six possible options for Council to consider that ranged from no changes to the code to annexing Highway 99 between the railroad trestle and Valley View Road into city limits. Staff did not support option 2 that would amend the code to allow connections to City water or option 5 that would grant exceptions to the code on a case-by-case basis. City Council Study Session December 14, 2015 Page 3 of 3 Public Works Director Mike Faught and RI-12 Consultant Jeff Ballard explained the water line was a transmission line that pushed Talent Ashland Phoenix (TAP) water up to Granite Street. The pressure from the line was too powerful for a residential connection. When and if the area annexed into city limits, the Public Works Department would review needs and add a distribution line at that time. They had not analyzed the TAP line for fire suppression utilization. TAP moved water from one point to another in rapid succession during the summer. Once it reached city limits, they installed the two fire hydrants for future use. Mr. Ballard added until the City adequately planned for the long term, they should take care regarding any decisions they might make regarding connections to the TAP line. Council expressed interest in amending the code for fire suppression only, and criteria for variances. Council comment noted if connecting to TAP was not feasible or a good idea there was no reason to pursue the issue further and suggested staff research feasibility first. Meeting adjourned at 7: 24 p.m. Dana Smith Assistant to the City Recorder City Council Business Meeting December 15, 2015 Page 1 of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 15, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at the Civic Center Council Chambers at 7:00 p.m. ROLL CALL Councilor- Voisin, Morris, Lemhouse, Seffinger, and Marsh were present. Councilor Rosenthal was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Airport, Forest Lands, Housing & Human Services, Public Arts, Tree, and Transportation Commissions. He addressed agenda item 1. Recommendation from the Public Art Commission for Gateway Island public art under NEW AND MISCELLANEOUS BUSINESS and explained Councilor Rosenthal had requested Council postpone the item to the January 5, 2016 meeting so he could participate in the discussion. They would take public input tonight and again at the meeting in January. However, those who spoke tonight would not be able to speak at the next meeting. APPROVAL OF MINUTES The minutes of the Study Session of November 30, 2015, Executive Session of December 1, 2015, and Business Meeting of December 1, 2015 were approved as presented. PUBLIC FORUM Dave Helmich/468 Williamson Way/Announced a public discussion would take place January 27, 2016 in the Gresham Room at the library from 6:30 p.m. to 9:00 p.m. regarding the proposed east Nevada bridge project. The discussion would entail the genesis of the project, status, and justification of the project. He went on to read from a document submitted into the record questioning the project. Mike Gardiner/349 Orange Avenue/Thanked Council and City staff for all the work they did. He thanked the Ashland Food Project as well. During the previous Saturday, he picked up 23 bags of food for the Food Bank, and commented on the success of the program. He supported the Public Arts Commission and looked forward to seeing Council's decision regarding the public art piece. Huelz Gutcheon/2253 Hwy 991Noted China was half way done building the largest expressway in the world due to the rise of automobile use in that country. From 1985 to 2005, automobiles increased in China from 19,000 to 62,000,000 and expected to triple in the next five years. China had experienced 60- mile long traffic jams that lasted 11 days. At $240,000,000,000, this was the biggest infrastructure project in the history of humans. Their technical advancement was due to their top six national leaders being engineers. In America, the top leaders were lawyers and bankers. He thought it would be beneficial if the next group of City Councilors had engineering and technological personalities. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Contract specific special procurement from Tyler Technologies 3. Approval of a change order in excess of 25% for consulting services to the Ashland Transportation System capital projects City Council Business Meeting December 15, 2015 Page 2 of 9 4. Approval of a resolution titled, "A resolution clarifying language in Resolution 2015-29 (adopting a supplemental budget increasing appropriations within the 2015-17 biennium budget), Resolution 2015-29 is repealed" Councilor Voisin pulled Consent Agenda items 2, 3, and 4 for further discussion. Administrative Services Director Lee Tuneberg explained the annual licensing fee for software from Tyler Technologies was $144,000. Councilor Voisin wanted to know how the City could finance the project at this time when the night before Council was unable to consider hiring three firefighters. City Administrator Dave Kanner responded firefighters were paid out of the General Fund and the finance software program would come out of Central Services. The cost was offset by a reduction in banking charges and was a cost neutral proposal. Mr. Tuneberg went on to explain the resolution clarifying language in Resolution 2915-29 changed language per the auditors request on page 1 of 3 of Resolution 2015-29 under Central Service Fund, Resources: from "Working Capital Carryover" to ".Budgeted Carry Forward." This was the only change to the resolution. Public Works Director Mike Faught addressed Consent Agenda item 0, and explained the lobbyist recommended the City queue up for the legislative short session regarding funds for bridges. The City had already paid $16,000 and this was the second payment. Councilor Voisin motioned to approve Consent Agenda items 2 and 3. Motion died for lack of a second. Councilor Lemhouse/Marsh m/s to approve item 3 on the Consent Agenda. Voice Vote: Councilor Morris, Lemhouse, Seffinger, and Marsh, YES, Councilor Voisin, NO. Motion passed 4-1. Councilor Lemhouse/Morris m/s to approve the balance of the Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and first reading of an ordinance titled, "An ordinance amending Chapters 18.2.2, 18.2.3, 18.2.5, 18.3.2, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana-related businesses including production, processing, retail sales, testing, and wholesale and declaring an emergency" Mayor Stromberg read the rules for the Public Hearing. Community Development Director Bill Molnar briefly went over a few changes made to the ordinance since December 1, 2015. Planning Manager Maria Harris explained there were three primary changes to the proposed ordinance that affected commercial and employment uses. There were no changes to the residential zones and outdoor growing. The first change added a 200-foot buffer from residential zones for wholesale use. It was already in place for laboratories, processing, and production. The second change would add a 1,000- foot separation between production and production, and 1,000-feet between wholesale and wholesale uses. This would allow 4 to 6 of each type of facility in Ashland. Apparently, production and wholesale could take up a lot of space with few employees. This would allow marijuana uses and retain employment space over the next 20-50 years. The third change clarified marijuana retail sales and considered medical and recreational marijuana retail sales the same. Medical and recreational retail sales could occur in the same building if it conformed to state rules. City Administrator Dave Kanner explained the ordinance was noticed for first reading. Staff was declaring an emergency so the ordinance went into effect immediately upon adoption by the Council. The Oregon Liquor Control Commission (OLCC) would start accepting applications for various marijuana licenses January 4, 2016. Applicants had to submit an OLCC Land Use Compatibility City Council Business Meeting December 15, 2015 Page 3 of 9 statement that required review and sign off by the local jurisdiction. Once OLCC received a license application, the local jurisdiction had 21 days to submit the Land Use Compatibility statement. OLCC would process retail licenses last and start issuing them fall of 2016. Staff would determine when the application went into effect. If laws applied to the date received, Council could hold a special meeting for second reading instead of waiting until the January 5, 2016 meeting. Public Hearing Opened: 7:35 p.m. PUBLIC TESTIMONY Shayne Christen/285 Upper Powell Creek Road /Williams, OR/Explained he was the on the Board of Directors for the Oregon SunGrown Growers Guild. The group formed to stand up for patient rights and small family fauns. There were so many regulations it was forcing them out of business. Some of them had operated underground and some within the law for the past seventeen years through medical marijuana. He questioned how Council would feel if someone took a third of his or her medication away. The state would restrict the number of plants grown within city limits to two patients, six plants per patient. Council did not have the right to regulate medical marijuana. Council had the right to regulate recreational marijuana through land use. He asked Council to administrate properly and have compassion for people who were sick. He shared how medical marijuana helped him with his own medical issues. Public Hearing Closed: 7:40 p.m. Councilor Marsh/Morris m/s to approve first reading of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.2.3, 18.3.2, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana-related businesses including production, processing, retail sales, testing, and wholesale and declaring an emergency, and moving the ordinance to second reading. DISCUSSION: Councilor Marsh noted the City was moving in unknown territory and regulating a product some did not know a lot about. They would have to depend on common sense and recognize the City will most likely modify some of the regulations. Councilor Seffinger/Marsh m/s to amend the motion that four plants are allowed for recreational to be grown outdoors and 6 plants are allowed to be grown outdoors for medical use in residential areas. DISCUSSION: Councilor Seffinger commented there was a difference between medical and recreational use. Another issue was being able to afford marijuana for medical use. It was fair to allow people to grow six plants for medical use. Mr. Kanner clarified Councilor Seffinger's motion would amend Section 3 of the ordinance so that 18.2.3.190 (A)(4) Outdoor Cultivation would read, "Up to four marijuana plants per lot are allowed to be grown outdoors for recreational purposes. Up to six marijuana plants per lot are allowed to be grown outdoors for medical purposes." It would also update Table 18.2.3.190.3.c Outdoor Cultivation Dimensional Standards for Homegrown Marijuana to state six or fewer plants for medical purposes. Councilor Marsh agreed with the amendment. They had heard a lot of testimony regarding the efficacy of marijuana as a medicine. Whether it was four or six plants, they would be subject to the same setbacks, grown near the primary dwelling, fenced as delineated in the ordinance, and code enforcement would regulate odor nuisances. Councilor Lemhouse raised a point of clarification and asked Councilor Seffinger how the City would delineate medical from recreational. Councilor Seffinger responded the person growing would have a medical marijuana card. City Attorney Dave Lohman thought it would present some enforcement difficulties because the code was complaint driven. Someone making a complaint would not know if the plants were for medical use or not. Mr. Kanner addressed the City issuing permits to medical marijuana growers. He would check with Oregon Medical Marijuana Program (OMMP) on whether the City could City Council Business Meeting December 15, 2015 Page 4 of 9 legally create a permit program. There was a difference between the Planning Department and code enforcement. OMMP would share if a household were a cardholder. He did not think the City could force someone to get a permit for something state law allowed. Mr. Lohman added it was easier to enforce code based on number of plants and not type. He would research the issue further and possibly bring back a response at second reading. Councilor Lemhouse would support the amendment and asked staff to develop a procedure that was straightforward and easy for both parties. Mr. Kanner explained there were approximately a dozen complaints regarding odor over the past year. Councilor Voisin motioned to amend the amendment that two persons on a lot with medical marijuana permits be allowed twelve plants maximum. Mr. Kanner clarified the amendment would change the language in the ordinance regarding Outdoor Cultivation up to 6 marijuana plants per patient for medical marijuana up to a maximum of two patients for a maximum of twelve plants. Councilor Voisin further clarified the patients had to live on the lot. Councilor Lemhouse raised a point of order and explained a councilor had to articulate their motion on his or her own. Mayor Stromberg ruled against the point of order noting Council could ask for help formulating a motion. Motion died for lack of a second. Continued discussion on amendment to motion: Councilor Morris was originally not going to support the amendment. One of the issues was dosage came in grams and plants in pounds. There was roughly 454 grams per pound. He could support the amendment as long as the requirement of 50-square feet allowed for growing did not change. Mayor Stromberg confirmed the amendment would not change the grow area. Roll Call Vote: Councilor Seffinger, Marsh, Voisin, Lemhouse, and Morris, YES. Motion passed. Councilor Lemhouse/Morris to amend the main motion to restrict maximum height of plants to not to exceed maximum allowable fence height which would include Table 18.2.3.190.3.C that refers to the ten-foot maximum height of plants in Section 3. DISCUSSION: Mr. Kanner clarified the amendment removed 10-foot plants and replaced it with the words, "Not to exceed maximum allowable fence height." Mr. Molnar confirmed deer fencing was open fencing and 8-feet high. It might be easier to administer the ordinance using the standard of 6.5-feet solid fencing. Councilor Lemhouse responded his intent was 6.5-feet solid fencing. Miss Harris explained the Planning Commission discussed matching fence height and thought visually 10-feet was reasonable. Councilor Lemhouse thought to have a successful ordinance, it needed to be straightforward, easily understood and enforced. Allowing a 10-foot fence could invite neighbors opposing the grow to insist they see the plant from a public space. The amendment would eliminate that situation by stating it cannot be visible beyond the fence line. It would limit the ability to make it an attractive nuisance for trespass and burglaries. Councilor Morris raised a point of clarification to staff regarding language that required screening for marijuana plants to limit the view from adjacent residential property with a solid wood fence or masonry wall and access points to the cultivation area secure at all times for unauthorized access. Mr. Molnar explained a property owner could have a 10-foot fence if it was outside setbacks. Fence height maximums were along the property line or within a yard area. There was not a height limit for fencing seven or eight feet from the property line. Councilor Morris would support the amendment. Eight-feet seemed adequate. Councilor Marsh would oppose the amendment. Marijuana was legal for people to grow. Fencing would not obscure grows fully. She doubted marijuana would be much of an attractive nuisance if everyone City Council Business Meeting December 15, 2015 Page 5 of 9 started growing it in his or her backyards. Councilor Voisin would also oppose the amendment. The City received only ten complaints in a year regarding odor. She assumed there would be less crime because medical and recreational marijuana was legal. She questioned regulating the height of a plant. Councilor Seffinger opposed the amendment. 'The reason for having medical marijuana was to ensure there was enough of the product for medical reasons. The screening requirements already in the ordinance were adequate. Roll Call Vote: Councilor Lemhouse, and Morris, YES; Councilor Seffinger, Voisin, and Marsh, NO. Motion failed 2-3. Councilor Lemhouse m/s to amend the motion to restrict commercial grows, production facilities, and labs from within the city limits. Motion died for lack of a second. Councilor Lemhouse m/s to amend the motion and restrict marijuana grows from R-1 designated areas. Motion died for lack of a second. Continued Discussion on amended main motion. Councilor Lemhouse was not supportive of recreational marijuana. His amendments were attempts to find compromise with those in the community who also opposed recreational marijuana and supported medical marijuana. He did not want Ashland to be known for commercial grows, laboratory facilities, and production and cited issues the City of Denver experienced. He was also concerned allowing marijuana in the R-1 area and thought there should be one area in the city that would prohibit growing marijuana. Councilor Voisin would support the motion but had concern there was not enough allowance for outdoor medical marijuana grows. Limiting the number of outdoor plants to six per lot was punitive. Councilor Marsh responded to cornments made by Councilor Lemhouse and explained how the proposed ordinance was different from Colorado who allowed 100,000 square feet facilities to grow marijuana. The City was limiting that space to 5,000 square feet and requiring separation buffers. Council may revisit the ordinance in the fixture but this was a reasonable starting place. Councilor Seffinger suggested six plants because she wanted it to be successful. With twelve plants, the odor would be objectionable in many neighborhoods. The City could address number of plants in the future. Councilor Morris thought staff did a good job on the ordinance. He was not concerned with large commercial grows in Ashland. Commercial development was expensive in Ashland. People growing for profit would most likely grow in a less expensive and code restrictive area. It was a good start. Mayor Stromberg confirmed two people living on the same lot with medical marijuana cards could grow six plants outdoors and six indoors. Roll Call Vote on amended main motion: Councilor Voisin, Marsh, Seffinger, and Morris YES; Councilor Lemhouse, NO. Motion passed 4-1. Councilor Voisin/Morris m/s to declare an emergency for ordinance amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana Related Businesses and Declaring an Emergency. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Seffinger, and Marsh, YES. Motion passed. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. Recommendation from the Public Art Commission for Gateway Island public art Alice Mallory/438 Taylor Street/Read all the docu nentation regarding "Gather," and attended some meetings. The Public Arts Commission was highly trained, very responsible, diligent, and mindful. However, she left meetings feeling that the voice of the non-academic was not heard. She had pages and pages of people supporting or opposing the piece. Mostly people opposing the art work. Commissions City Council Business Meeting December 15, 2015 Page 6 of 9 served in an advisory capacity to Council. Given the number of people against "Gather," she implored Council to take the citizenry into advisement. Julie Akins/107 California Street/Explained her conflict with "Gather," was that it did not seem to represent values of the City of Ashland. She wanted something that spoke to kindness, community, and values. "Gather" was just a big piece of metal. She also wanted to see something community balanced and locally produced. Her final concern was the $100,000 cost. She had issues spending that amount when there were affordable housing needs. Art could be tiny houses that people lived in instead of the sidewalk. George Kramer/386 North Laurel/ Read from a document he submitted that took great issue with the selection process and the inappropriateness of "Gather" in the historic district. Councilor Voisin asked Mr. Kramer how it could be done better. To his knowledge, Mr. Kramer thought the Public Arts Commission created the request for proposal (RFP) in a vacuum without any input from the public, the Historic Commission or from outside the arts community. Mayor Stromberg addressed Councilor Voisin and thought she was hying to extend Mr. Kramer's public input time to state his position. Councilor Voisin clarified she wanted Mr. Kramer to explain how to improve the process. Staff explained Councilor Voisin could make a request for information for clarification but not for argument. Mayor Stromberg ruled Councilor Voisin was allowing Mr. Kramer to extend his time for making the argument. Rachel Jones/2635 Takelma Way/Strongly objected to "Gather" in its proposed location. It was too large. The design did not enhance downtown and was not representative of the community. Public art had a responsibility to a transparent public process and this did not occur regarding "Gather." She cautioned Council to think about what this project would symbolize for Ashland and that the community had long memories and would remember not having any input when the request for proposal (RFP) was developed or when the artwork pieces were up for consideration. If chosen, "Gather" will be a symbol of a disconnect between community and local government, elitism and a flawed process. 2. City Council support for lifting the statewide pre-emption on inclusionary zoning Senior Planner Brandon Goldman explained the Housing and Human Services Commission (HHSC) requested Council consider voicing support for a statewide effort to lift the current ban on inclusionary zoning. Councilor Marsh/Voisin m/s to direct staff to draft a letter, to be signed by the Mayor, in support of removing the statewide pre-emption on inclusionary zoning. DISCUSSION: Councilor Marsh explained this did not require any action. Oregon and Texas were the only states in the country that did not allow inclusionary zoning. Legislative leadership had indicated an interest in moving forward on removing the pre-emption. Councilor Voisin noted the HHSC discussed and reviewed the parameters and their recommendation to Council was a good enough reason to send a letter of support. Councilor Seffinger would support the motion because it encouraged family friendly neighborhoods. Councilor Lemhouse would not support the motion. He thought this was a shortsighted answer to a problem. Inclusionary zoning would force developers to sell houses below market at affordable prices. Developers would most likely add profit lost on affordable housing to other housing and price out the middle class quickly. It artificially altered the market. It would also affect the economy. Councilor Morris would also oppose the motion. Affordable housing was good but subsidized housing and moved the subsidy onto the developer. Mandating a certain percentage of houses as affordable could diminish building houses overall. Councilor Marsh reiterated that it only made an inclusionary zone a possibility for communities and did not mandate. The City had adopted this tactic in other projects. This gave City Council Business Meeting December 15, 2015 Page 7 of 9 jurisdictions across the state a chance to look at the option. Roll Call Vote: Councilor Marsh, Seffinger, and Voisin, YES; Councilor Lemhouse, and Morris, NO. Motion passed 3-2. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second readings of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan to add a Normal Neighborhood plan designation to Chapter 11 [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" and ,,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." Senior Planner Brandon Goldman read the amendments for all three ordinances into the record. He addressed the change to minor amendments. Requiring a Type 11 planning action for any modification to open space was a similar process to a major amendment. The full improvement for East Main Street would happen from Walker Street to Clay Street upon installation of a second new public street that intersected with East Main Street. For the installation of one street connecting with East Main Street, an applicant could do a phase where they only improved 250-feet on either side of the intersection and full sidewalk or pedestrian path for the full frontage between East Main Street and Clay Street. The next phase for the second intersection would trigger a full street improvement. Completion on the railroad crossing would be concurrent with annexation and development of properties adjacent to the railroad tracks. Wetland delineation would happen concurrently with an application. Having a smaller wetland delineation did not modify the open space network. The applicant would have to provide findings to address conformance with the open space plan. The Planning Commission approved the delineation, the amended open space became part of the development also approved by the Planning Commission and sent to Council as part of the annexation package. Public Hearing Open: 9:09 p.m. PUBLIC TESTIMONY Joseph Kauth/I Corral Lane/It was important to improve wetland health. Changing conservation space to open space for development did not make sense. Wetlands provided moisture, cooling, various atmospheric qualities the area, region and country desperately needed. It was important with City objectives that wetlands are preserved or enhanced. Drafting an idea that would turn the last wetland in Ashland to open space for cookie cutter houses made him question if this was what the city actually needed. The environmental impact statement on the streets would affect the roads that Ashlanders traveled daily. Citizens needed to address this issue prior to asserting elected official rights. Julie Matthews/2090 Creek Drive/Explained the map change in the zoning and the commercial overlay City Council Business Meeting December 15, 2015 Page 8 of 9 were her ideas. Her intent was to find a way to get more return on investment for the developer since they had to compromise elsewhere. There was a lot of unknown information and detail regarding costs for phasing East Main Street. Purchasing traffic lights was most likely a huge cost to the infrastructure and an unknown. She did not think the community as a whole should be responsible for a particular area in the city to assure and enhance a return of investment on private property. She supported the plan as a way to discuss development per proposal. She did not fully understand minor and major amendments. She noted the open space network plan and conformance and was not sure what was in place to ensure it was carefully protected. She liked Mr. Kauth's testimony about enhancing the health of open space and riparian areas and expressed concern for the wildlife living in the Normal neighborhood area. Public Hearing Closed: 9:24 p.m. Councilor Marsh/Seffinger m/s to approve Ordinance #3117 as amended and titled: "An ordinance amending the City of Ashland Comprehensive Plan to add 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." DISCUSSION: Councilor Marsh noted the process had taken several years and this was the best possible plan. The Working Group process that occurred last year resulted in important changes. Over the last 27 years, the City annexed 55 acres with the potential for 375 housing units and built 90% for an average 6.8 units per acre. The Normal Neighborhood Plan including open space would develop less than five units per acre. Without wetlands, it was 6.6 units per acre. This zoning provided housing diversity and preserved land for great neighborhoods. Councilor Seffinger agreed with Councilor Marsh. She was comfortable with the minor amendment. The ten-year review or 150-house review added an additional layer of protection to the plan. The plan also addressed transportation and adequately protected open space. Councilor Morris noted transportation for east west was still limited. It was almost as if the City felt they owned the property and were designating 25%-30% of private property as open space and prohibiting development. Developers would donate the 25% for affordable housing to someone else to build. He was concerned this was heading towards another Croman Mill plan with strict regulations and oversight and thought the City had over planned. He would vote for it but did not support the plan. Councilor Voisin thought the City should focus on infill. There were 1,884 buildable lots within city limits. She wanted an urban growth boundary (UGB) master plan with zoning and density projections. She could not support the advance financing or reimbursement district. Developers should pay their own way, not the City, or the taxpayers. The outlying infrastructure should be built prior to development. There were also concerns regarding the private railroad crossing on Norrnal. She did not see substantive changes presented in the plan that came from the public. The public had one to three minutes to make their case during meetings. She would not support the plan. Mayor Stromberg clarified the 1,800 available lots was based on a misunderstanding. People in the Normal neighborhood could apply for annexation whenever they wanted. The Normal Master Plan provided guidance for Council regarding community benefit and interest should Council approve annexation. If the City did not have the Normal Neighborhood Plan, it would refer to the Comprehensive Plan that allowed for higher density. Developers paid for the infrastructure in their development. In some cases, the City would develop parts of the infrastructure to enable that to happen and divided the cost between the City and the developer using a formula that identified the City's portion as a benefit to the community as a whole. The money that paid for that part of the infrastructure came from System Development Charges (SDC) dedicated only for those types of expenses. Since the railroad crossing already existed, the City could modify the crossing without issue. The Normal Neighborhood Plan set the City Council Business Meeting December 15, 2015 Page 9 of 9 stage for an annexation process where the Council could evaluate the potential benefit to the community. He and Councilor Marsh discussed whether the affordable housing provision in the annexation ordinance was so demanding due to master plan requirements it would prevent other development. Also discussed was the possibility to pitch the affordable housing requirement to people employed at Rogue Valley wages and could not afford Ashland housing. Council may get initiatives in the future about the annexation ordinance. Roll Call Vote: Councilor Marsh, Lemhouse, Seffinger, and Morris, YES; Councilor Voisin, NO. Motion passed 4-1. Councilor Marsh/Morris m/s to approve Ordinance 43118 as amended and titled: "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." DISCUSSION: Councilor Marsh thought the street plan was the most important. Councilor Morris agreed it was a critical part. Roll Call Vote: Councilor Seffinger, Lemhouse, Morris, Marsh, YES; Councilor Voisin, NO. Motion passed 4-1. Councilor Marsh/Morris m/s to approve Ordinance #3119 as amended and 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." Roll Call Vote: Councilor Morris, Seffinger, Marsh, and Lemhouse, YES; Councilor Voisin, NO. Motion passed 4-1. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse provided a Council Liaison report on the Public Arts Commission. In addition to "Gather," the Commission was working on three projects. One was an idea from a citizen for a mural on Calle Guanajuato Way using an artist from Guanajuato. The second project was ideas from the Watershed Art Group to add more art to the watershed. The third were concept recommendations for entrance signs in three locations. They were working with a local artist and narrowing down concepts for Council consideration. The Commission would forward the concepts to the Historic Commission and possibly the Planning Commission for input. Councilor Seffinger announced the Parks and Recreation Department developed a video on Facebook about Ashland parks. Councilor Marsh noted the State of the City was January 11, 2016 and asked Council to let them know what part they wanted to play during the event. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:42 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor A J z C7 T n ~ n~ C% i i C vJ ^ d ry e N - d G Q - d a .d ~ k C dCF/`~ d.A oVti o• ~ V G o 5a o 5a o cy o-6-e o~ v o ~ ~Il~ ~s'U"~~ ` d~`°~1(f ~ ~a ~Q~ r"' a"'~ ~P ~a a a r~ r 4~~ -T G t PROCLAMATION "30TH ANNUAL CHRISTMAS TREE RECYCLE DAY" Q • Solid waste disposal and a dwindling capacity in our landfills is a critical y national problem. r a Garden waste contributes a significant volume in our landfills. 0 Troop 112 of the Boy Scouts of America, with assistance from the Ashland )v oo~ Parks Department, pick up and chipped Christmas trees in the City of Ashland. • The chipped material was used on park trails and as mulch for plants and did y not enter the "waste stream." • The Ashland Lions Club supports this effort by donating volunteer power and equipment to transport the pick-up crews. oot NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim Saturday, January 9, 2016 as: "CHRISTMAS TREE-CYCLE DA Y IN ASHLAND and hereby urge all citizens to set out their tree near the curb on Friday, January $th to be picked up on Saturday, January 9th, and to consider making a donation to assist the Troop in their community service activities. Dated this 5"' day of January, 2016 s r 7R z IDA, John Stromberg, Mayor Barbara Christensen, City Recorder n Tr~ A l M1 A ~ F~ ~ ( ~ ~ Iti l4J o Rn aas rev \ ooa rw l ~ rrw a ~ > t t! - Minutes for the ad hoc AFN Governance Structure Committee October 9, 2015 Page] of `3 MINUTES FOR THE ad hoc AFN GOVERNANCE STRUCTURE COMMITTEE Friday, October 9, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Pam Marsh called the meeting to order at 3:05 p.m. in the Siskiyou Room. Committee members Bryan Almquist, Mathew Beers. Dennis Slattery and Rich Rosenthal were present. Staff member Mark Holden was present. Staff member Dave Kanner, committee members Vicki Griesinger and Susan Alderson were absent. 2. Public Input None. 3. Review of Minutes Slattery/Almquist m/s to approve the minutes of September 8, 2015 as presented. Voice Vote: All Ayes. Motion passes. 4. Developing a model Marsh gave an overview of the agenda. The goal is still to get a draft option before Council in November. She requested that the group go back and use the evaluation criteria created at the beginning of the process to re-evaluate any final proposed model. Group reviewed the commission models which were in the packet (City of Ashland Airport Commission, Medford Water Commission, and the Parks and Recreation Commission.) They discussed the necessity to be very clear as to what decisions would need to go to Council and what would stay with the commission. In general, whatever commission style the group agrees to should meet the following goals and objectives: - Maximize independence - Keep focus on AFN - Help Council and Citizens Budget committee to take recommendations more strongly due to their knowledge The group discussed proposing a commission similar to the Medford Water Commission (MWC). The biggest difference between the Medford Water Commission and anything we propose is that AFN has debt service, which automatically limits their independence. MWC has its own staff, budget process, etc. and is not dependent on City finances for success. The group discussed proposing a commission similar to the Airport Commission (AC). The whole reason for this group's process is to take politics out of the running of AFN. The AC mostly operates outside of politics but the code establishing it doesn't reflect this reality. The AC is a fairly good model, but doesn't entirely have a firewall between Council politics and AFN operations. Minutes for the ad hoc AFN Governance Structure Committee October 9, 2015 Page 2 of 3 The group discussed how the airport is currently operated by an outside contractor. They determined that choosing between MWC model and AC model really depends on whether they want to operate AFN as a wholesale or retail seller. They discussed the following as part of any model: • Budget - created by the commission, forwarded to Council / Budget Committee for final approval • Rates - this would be determined by whether AFN ends up wholesale or retail in operation • Projects - developed and reviewed by the commission and forwarded to Council for final approval • Personnel - the sharing of resources within the City makes independence complicated. They would prefer that the AFN director be AFN only, and closer to the Parks and Recreation Commission Director in authority, particularly over hiring and firing. No matter what, there should be a very strong relationship between the commission and the AFN director. • Transparency (public meetings laws) -hopefully getting most of the operations decisions away from televised City Council meetings will reduce the amount of "showing our cards" to our competitors regarding product development, rate setting, etc. • Marketing - it might be good to get this it into the hands of the ISPs, as the City hasn't been strong at marketing Group discussed what the Membership of the commission might be. They discussed needing to have experts on the commission and that there are lots of experts on other commissions. The biggest challenge is that many of the most qualified individuals will have conflicts of interest. Group suggested that ISP connected members should be ex-officio members. Group discussed whether a Councilor should be on the commission as a full voting member and not just as a liaison. They liked the idea but worried it would could cause awkwardness when it came to voting on items at the Council level. 5. Wholesale vs. Retail Operations Group discussed concerns with current ISP contracts due to lack of performance standards and contract review, end or renewal dates. Holden handed out potential ISP partner requirements if the group decides to move AFN to wholesale only. The group reviewed his proposed requirements as follows; Group discussed whether it was okay to have business-level customers be handled by a partner ISP. Determined that as this is where the greatest profit is, it would be one of the few benefits for an ISP to want the contract. They agreed that having two separate ISP contracts, one for business customers, and one for all other customers would be the most appropriate. Group discussed the suggested requirement of providing a physical location for customer service in Ashland. This is not intended to limit the service area or who may respond to an RFP but rather intended to improve customer service. Minutes for the ad hoc AFN Governance Structure Committee October 9, 2015 Page 3 of 3 Group discussed how best to communicate why we are doing an RFP in order to avoid confusion or concerns that AFN can't be run or is going out of business. Any transition should be as seamless as possible to prevent customers from wanting to leave out of fear AFN is failing. The focus of any wholesale agreement should be on gaining a partnership. Group agreed that the City Attorney needs to review everything before they move much further on a strategy. There was concern that the group was walking down the path of making AFN a wholesale provider with a single ISP without knowing if it is legally or financially possible. In general, though they agreed that AFN being a wholesaler to a single ISP is the preferred option. Additionally, legal needs to answer the question of what happens to our current ISP contracts. Will they be nullified by putting out an RFP? Do we need to buy their customers? Would their customers be grandfathered in, but no new customers allowed to be gained by non-RFP ISP? Group discussed whether a single ISP would mean limiting competition. They agreed that the focus at this time is on strengthening AFN and that there are still other options such as Charter, DirectTV, Hunter Communications, etc. Rather than focus solely on competition, this group instead is working on is a more viable option than the scattered options currently in place. Marsh agreed to meeting with City Attorney David Lohman and see if he could join the group at a fiiture meeting. Group also discussed the possibility of having Finance Director Lee Tuneberg join in on a discussion in order to understand some of the financial hurdles a wholesale ISP with an Airport-like commission running it may start with or encounter. Group discussed the need for an additional meeting after the Attorney (and possible Finance Director) meeting to draft recommendation to Council. Group discussed current staffing levels. Holden stated that it is unlikely that those would change, even with a solo ISP. Most of the expertise the City has gained from operating AFN would be needed to handle the network side and partnership management. Group discussed how, hopefully, any contract with an ISP would cover our costs including both potential staffing costs and debt service costs. Finance would need to help structure fees in such a way that both the City and an ISP share the pain and the successes of AFN. Group discussed concerns regarding potential contracts - whether they would be fixed-term or open-ended, and whether the debt service horizon be considered when determining contract length. They determined that having a contract at least as long as our current debt service makes sense. 7. Next steps/ meeting schedule The next meeting will be October 30, 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 Minutes for the ad hoc AFN Governance Structure Committee October 30, 2015 Pagel of 3 MINUTES FOR THE ad hoc AFN GOVERNANCE STRUCTURE COMMITTEE Friday, October 30, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Pam Marsh called the meeting to order at 3:15 p.m. in the Siskiyou Room. Committee members Bryan Almquist, and Mathew Beers, were present. Committee member Dennis Slattery arrived late. Staff members Dave Kanner, Mark Holden, and David Lohman were present. Committee members Rich Rosenthal, Vicki Griesinger and Susan Alderson were absent. 2. Public Input None. 3. Governance model: legal issues Marsh reminded the group that lacking a quorum, those present could have a discussion but make no decisions. She also reminded the group that at the last meeting the group narrowed down the options to three basic recommendations. The City Attorney is attending this meeting to help sort any questions or issues with those recommendations. Almquist asked if the questions regarding whether or not the current ISP contracts have expiration dates had been sorted. Lohman stated that yes, there is an expiration on those contracts. The date is slightly different for each ISP, but they all expire, roughly, in the middle of 2017. There is also a clause in each contract which makes it possible for either party to terminate for cause, so long as 30 days of notice are given. Group discussed contract details, including concerns that current ISPs would either require AFN/the new ISP to "buy back" customers or would transfer those customers to other providers they work with. Group asked if they could allow current ISPs to continue to service customers they already have without allowing them to take on new customers. Lohman stated yes, that would be allowed. Group determined that AFN will, ultimately, have to terminate all contracts with ISPs in order to move to a two-ISP model. Getting caught up in how the current ISPs may or may not handle their current customer base isn't entirely relevant at the moment Additionally, transferring service isn't easy - new equipment would need to be installed in each customer's home. Lohman gave example of three possible ISP relationship structures; 1) allowing multiple providers without AFN also being a provider, 2) allowing multiple providers with AFN as a provider (our current model), or 3) allow only one provider. We're currently proposing the third option. He wanted the group to consider whether or not they want to create this sort of monopoly. Group discussed their desire to have only one provider because the City elected official's knowledge is too limited to make informed leadership decisions. Dennis Slattery arrived 3:29 p.m. Minutes for the ad hoc AFN Governance Structure Committee October 30, 2015 Page 2 of 3 Group discussed the ways in which a single ISP would required greater control and oversight by the City than the current system Agreed that with current multiple providers the City has little connection. An improved connection is part of what the group is interested in. Group discussed whether they could do a direct negotiation with an ISP, without going out for an RFP. Lohman stated this was not possible. Group discussed whether it would be best to hire an outside vendor to create the RFP. Lohman and Holden agreed that this was a good idea, as someone with telecommunications knowledge would know all the pitfalls. Group discussed how to structure a contract in order to cover the existing debt service. Agreed covering the debt was the goal, but they also want an opportunity to share in any increase in profits along the way. Group also discussed the need to have minimum benchmarks for customer totals and ISP success to determine when it might be necessary for AFN to take over. Group discussed previous companies taking over or buying out other businesses and how the customers were treated. Discussed ways to keep AFN customers from multiple ISPs with the "same (or better) service, but a different bill." Group asked if there is a limit to what types of businesses can be franchised. Kanner stated that you cannot franchise data or telecommunications businesses. Group discussed whether or not a single ISP would cause FTC concerns of limiting competition. They felt this wouldn't be considered limiting as there is still Charter, and CenturyLink as optional internet provider in the city of Ashland. Group discussed whether or not they needed to continue to work through details of a potential contract, or if that is best handled by the proposed commission. They agreed that the commission should do most of that work but that this group needs a telecommunications expert to look over the recommendations thus-far to make sure it's a viable option before presenting this option to Council. Lohman agreed this should be done and Kanner stated that there were funds budgeted for this purpose. Group asked Lohman if, as part of a rate-setting discussions, we could require ISPs to share their financial records (particularly if the ISP is requesting a lowering in the amounts they pay to the City) and if so, could that financial information be kept confidential. Lohman stated that we could request this information, but didn't think it could stay confidential because of public records laws. He would recommend asking the Oregon Attorney General's office for their opinion on the matter. Group expressed concerns with both the awkward nature of exposing a company's financial records to the public and with showing competitors any rate information. This is the essential question of AFN viability - does needing to abide by public records laws in regard to our rate setting automatically preclude success? Group discussed potential ethical conflicts of people involved with the commission setting rates, who may derive benefits by being on the commission. Lohman stated that, like any other commission, broad topics would not cause conflicts but topics directly related to a commissioner's home, business, etc. would require that they recues themselves from the decision making. 1 may also be wise to have all people connected with ISPs as ex-officio, non-voting members to avoid potential conflicts or ethical questions. Minutes for the ad hoc AFN Governance Structure Committee October 30, 2015 Page 3 of 3 Group discussed the general structure of an AFN commission. The goal is to have a commission to oversee AFN operations, maximizing independence. The group acknowledged that there is no way to avoid public scrutiny, but hope a commission can provide expertise for guidance at a higher rate with fewer politics involved than Council can on its own. Beers stated that a good deal of the competitively important discussions will take place within the walls of the ISP, which will keep some of the product improvements out of the view of the public, and out of the view of competitors. The group would like to make sure the commission is filled with people who are experts in things like technology and contracts but also have members with end user experience to draw from. The group would like the commission to work on, and plan for, on the long-term needs, health, and improvements to the infrastructure of the system. Lohman wondered whether a commission is necessary, or if hiring expertise for those things current staff can't handle is enough. Group expressed concerns with the lack of expertise on Council, which ultimately has to make decisions. A commission as decision maker can help avoid fluctuations in knowledge from both staff and Council. Additionally, the world of internet and technology changes so rapidly a group of people can better keep track of those changes. Group agreed that a telecommunications specialist legal opinion on the broad strokes of a commission and a potential RFP for a solo ISP (one for residential, one for business) should be obtained. Lohman stated that he will pursue this. Marsh wondered if there was a need for financial review at this time. Kanner stated that should be set aside for the moment until the legal review is completed. 4. Next Steps Group discussed the need to roll this out in a well-planned way to Council and agreed that how to accomplish this should be a topic for the next meeting. Group discussed whether or not they need to meet with current ISPs before bringing any recommendations to Council. They agreed to wait until just prior to going to Council to prevent unnecessary consternation. 7. Next Meeting The next meeting is tentatively scheduled for December 14, from 3:00 - 5:00 p.m. in the Siskiyou Room, dependent upon the outside legal review being completed. 8. Adjournment Meeting adjourned at 5:01 p.m. Respectfully submitted, Diana Shiplet Executive Assistant MlnUtes for the Climate and Energy Action Plan ad hoc Committee December 2, 2015 Page] of 3 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, December 2, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Rich Rosenthal called the meeting to order at 2:02 p.m. in the Siskiyou Room. Committee members Bryan Sohl, Stuart Green, Roxane Beigel-Coryell, Louise Shawkat, and Greg Jones were present. Staff member Adam flanks was present. Committee member James McGinnis was late. Committee member Claudia Alick was absent. Rosenthal wanted to note that it is December 2nd and the temperature outside is currently 61 degrees, he believes this is a good indication of the importance of this group and that we need to move forward with this process. He gave information regarding the upcoming Paris Climate talks and read a quote from an article in The Economist regarding adaptation. Commissioner McGinnis arrived at 2: 08 p.m. 2. Approval of Minutes Beigel-Coryell/McGinnis m/s to approve the minutes of October 21 and November 4, 2015, as presented. Voice Vote: All Ayes. Motion Passes. 3. Public Forum Barry Thalden - Recommended the book, "Don't Even Think About It: Why our Brains are Wired to Ignore Climate Change". He stated that it gives good details regarding why people have ignored science and ways we can communicate with the community. McGinnis asked for a summary of the book and Mr. Thalden gave an overview. Huelz - Stated that people who don't want to learn about mitigation or adaptation strategies should leave them to the experts. The past data can no longer dictate the future. He gave some calculations he estimated regarding city buildings versus what staff is saving. He stated that at the Paris talks there are lots of people wanting to reduce carbons only but there are other who want lots of innovations in technology and use of resources. Both are interested viewpoints. Jeff Sharpe - Suggested that the group give 10 - 20% extra in the RFP scoring to local applicants due to the local multiplier effect on the economy. James Stephens - Stated that he is part of a group (Southern Oregon Hybrid and Electric Vehicle Association) dedicated to increasing electric vehicle use. He stated that since so much energy is consumed in transportation they recommend the use of electric vehicles. His group always recommends that a family's second vehicle be electric. A gas vehicle can be used for long trips, but for short ones, an electric vehicle is preferable. He believes that all energy should be produced in sustainable ways. He stated that he was feeling good about the electricity source for Ashland, thinking it was all hydro but learned at the Climate Plan Kick-off event that isn't the case. He believes we need to refocus on getting our energy only from renewable sources. At the request of Rosenthal, Hanks gave an overview of where Ashland and the region get their Minutes for the Climate and Energy Action flan ad hoc Committee December 2, 2015 Page 2 of 3 electricity. Hanks confirmed that the City of Ashland purchases its power from the Bonneville Power Administration, which is produced primarily by hydro from the Columbia and Snake River dams. The generation mix is roughly 80-85% hydro, 8-10% nuclear, 5-7% wind/solar and the remaining 1-3% fossil fuel (coal/natural gas). In the direct accounting method, the City of Ashland's power is very low carbon, but that is only one way that the carbon intensity is measured. A regional factor is also used to measure any particular community or entity's carbon emissions, which accounts for the mixture of energy generation sources throughout the regional transmission grid that Ashland receives its power as there is no ability to allocate power once it is on the grid a the electron level. He stated that more of that information will be part of the Greenhouse Gas Inventory. 4. Climate Plan Kick Off Event Rosenthal stated that most of the group was part of the debrief which occurred at the Conservation Commission. Group agreed this event went very well and appreciated the work of those involved in planning it. The deliverables required of Geos Institute should be done in January. Rosenthal asked if Geos and Rogue Climate had held an debrief regarding the community comments gathered at the event. Marni Koopman of Geos was present and stated that they had not yet, but that they had held one regarding what overall had worked and didn't work. She agreed that it would be good to get the whole planning group together to debrief, especially as this will keep them engaged in the process. She gave details of what form the deliverables will likely be in and the ways Geos will quantify some of the results, as the questions ended up being so broad. Group thanked Geos and the planning group for their efforts. 5. Climate and Energy Action Plan RFP Hanks stated the RFP has gone out and thanked those who help distribute it to interested parties. He clarified that there cannot be a local preference in the scoring per State of Oregon statues. Our municipal code also follows those statutes but does say that, if two or more applicants score equally high, we are free to choose the local applicant. We cannot, however, give local applicants any extra points or other scoring preference. Hanks handed out an updated timeline, as proposed by the City's Purchasing Agent. Group discussed the new timeline. It has more steps involved than the one in the packet, but the starting time of the contractor is basically the same. McGinnis wondered if it would make sense to extend the timeline by two weeks, as the review period is occurring during the holidays. Shawkat stated that there is a certain amount of urgency in this process and if we delay now, we delay everything which risks not finishing by the January 2017 City Council deadline. Group agreed that the timeline as proposed by our purchasing agent is acceptable. SohlBeigell-Coryell m/s to approve the purchasing agent's timeline as submitted in the packet. Discussion: It is better to get this process done sooner rather than later. However, if there is an excessive amount of submittals the Group agreed that they can consider an alteration to the schedule. Voice Vote: All Ayes. Motion Passes. Minutes for the Climate and Energy Action Plan ad hoc Committee December 2, 2015 Page 3 of 3 Group discussed which committee members would participate on the selection panel. All members of the committee were interested in participating, with the exception of Rosenthal who cannot due to other work commitments. Group determined that it would be best to have four members of the committee on the selection panel, and requested that Hanks work with the Legal Department to see if there can be an executive session (or similar) to allow all members of the committee to participate. Group discussed whether, as Chair of the Conservation Commission, Beigel-Coryell should be on the selection panel. Sohl/Shawkat m/s that the Ashland community would best be served by having the Chair of the Conservation Commission as a member of the selection panel. Voice Vote: All Ayes. Motion Passes. Rosenthal drew names out of a hat for the other members of the selection panel. Beigel- Coryell/Green m/s to appoint committee members Sohl, Green, and Jones to the selection panel, pending a determination by the City Attorney regarding executive session allowance for all members to participate. Voice Vote: All Ayes. Motion Passes. Group discussed whether there is a need to have an alternate member selected, in case one of the members is unable to complete the selection process. Group determined that with four committee members plus two staff members on the selection panel there are enough participants to handle any emergency. 6. Schedule and Agenda for Upcoming Meetings The group agreed to hold their regularly scheduled meeting on December 16"' as a check-in on the RFP selection process. They will cancel the January 6`f' meeting, as most members will be working on review of the RFP. The selection panel will meet on January 11"'. They will hold their next regular meeting on January 20tH McGinnis departed meeting at 3:10 p. in. 7. Greenhouse Gas Inventory Update Hanks stated that he has a conference call with the contractor tomorrow as some of the early numbers seem skewed. He and the contractor have been working to clean tip those calculations. The city operations side is nearly complete and the community side is about 80% complete. They are waiting on the final information from ODOT to complete the community side. The report should be available to the group for the January 20"' meeting. He stated that they have been keeping track of who, how, and when data is created so that the process can be replicated or updated in the future. 8. Adjournment Meeting adjourned at 3:29 p.m. Respectfully submitted, Diana Shiplet Executive Assistant Minutes for the Conservation Commission October 28, 2015 Page I of 5 MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, October 28, 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 Mark Weir, Risa Buck, Bryan Sohl, Shel Silverberg, Cara Cruickshank, and Marni Koopman were present. Councilor Rich Rosenthal and staff member Adam Hanks were present. Commissioners James McGinnis was absent. 2. Consent Agenda Wier/Buck m/s to approve the minutes of September 23, 2015, as presented. Voice Vote: All Ayes. Motion Passes. 3. Announcements The next commission meeting will be held one week earlier than the usual meeting date on November 18, 2015. The Earth Bowl subcommittee will meet on November IV' at 3:00 p.m. Location to be determined. Ashland Independent Film Festival has a regional student competition, this might be an interesting way to get a student involved with the Climate and Energy Action Plan kick-off event or process. SOU was recently honored for their sustainability efforts and for being a bee-campus. Additionally, SOU now has zip cars for rent on campus. Beigel-Coryell stated that you don't have to be a student to use the program, but students do receive a discounted rate. 4. Public Forum Kristina LaFever - Suggested the group watch the video from the Council Study Session regarding a glysophate ban. She was pleased that Council seemed supportive of the topic. She gave statistics regarding the dangers of glysophate use. California is considering listing glysophates as major carcinogens. She also stated that since Ashland is a Bee City, USA, we should be more interested in a ban because their use disrupts pollinator navigation. Huelz -Described his concept of a department of conservation and how they could save more energy than our current level of savings. Stated he re-did his analysis and encouraged the group to look at his figures and use them in the commission's work. Jeff Sharpe - Thanked the group for moving ahead with the greenhouse gas inventory and the Climate and Energy Action Plan. He offered to assist with the greenhouse gas inventory analysis. He encouraged the group to support a community solar plan. Stated that Ashland is unique in that we own a large parcel of land and our own electric system. He gave information on energy use assistance which could be achieved with a community solar program. He stated this would also increase local jobs, which would help our local economy. 5. Reports/ Presentations/ Updates Minutes for the Conservation Commission October 28, 2015 Page 2 of 5 Introduction of new Recology Ashland General Manager - Buck introduced Gary Blake, the new general manager of Recology Ashland. She stated he has been on-board for four weeks and gave an overview of his background. Mr. Blake stated that he is trying to get a good feel for Ashland and has been attending meetings such as this to get to know the community. The group introduced themselves, thanked Mr. Blake for coming, and several group members encouraged him to continue recycling center operation in Ashland. 6. Old Business, part 1 Group agreed to move the Solar Park Resolution proposal to this portion of the agenda, to prevent public participants from having to wait all meeting for the item. Solar Park Resolution Proposal - Carol Voisin stated she is here as a citizen, not as member of the City Council. She gave an overview of the resolution proposed and the reasons why they consider this a time-sensitive project. She stated California needs renewable energy and would be willing to pay higher prices, whereas Oregon is not currently willing to pay more for renewable energy. Sohl stated that Lake County did a very aggressive renewable energy project but discovered that California requires that renewable energy be created in-state - would this legislation apply to this solar project? Voisin stated that she doesn't know, but the investors she has spoken to believe this project could work. Weir stated that he is concerned about the project location, as a large portion of the area is environmentally sensitive and pristine ecologically., He could not support any major infrastructure installation which would harm that area. He also stated that solar energy is not the most environmentally friendly option, as the creation of solar panels is detrimental to the environment. Voisin stated that the area they are proposing is below the area of natural resources. Koopman stated it would help to have a tour of the site, as she has the same concerns as Weir. Because of her work, she is extra concerned whenever people make climate change adaptations without understanding the implications of other side- or long-term- effects. She feels this discussion should be a part of the Climate and Energy Action Plan ad hoc committee work, so they can see how it fits into all community adaptations or mitigations. Voisin stated that waiting for the ad hoc committee's work could mean a higher costs to have the environmental impact study, cost/benefit analysis, and installation work done. Silverberg requested clarification as to whether all the group was asking for was encouragement to start the process, not a commitment to the project being completed. Voisin stated that many of the tax credits would run out in 2016, so starting now is essential. Silverberg stated that you can't predict the future, so moving ahead quickly based on concerns of what funding may or may not run out isn't good planning. Cruickshank stated she knows people who are in the solar business and they are considering getting out of the business because of the sunsetting of credits. She would support this resolution moving forward now. Minutes for the Conservation Commission October 28, 2015 Page 3 of 5 Sohl stated that the group is embarking on a community process with the Climate and Energy Action Plan and this should be a part of that process. To approve this outside that process would be leaving the community out of the conversation. He is reluctant to move forward but would be willing to look at it early in the Climate and Energy Action Plan process if timeliness is a concern. Buck stated she appreciates the perspective that inclusion in the Climate and Energy Action Plan is important. She wondered about the cost and value of sending the electricity to California- would new infrastructure need to be built? Would we be able to send the power to Ashland after the 10 years elapses, or would there be no infrastructure in place to handle that? Voisin stated that yes, we could send power to California and yes the power could come back to Ashland afterward. Voisin asked the group if her group could work in tandem (but slightly ahead of) the Climate and Energy Action Plan? Would the commission support this project if that were the case? Beigel-Coryell stated the group had expressed concerns at the last meeting regarding the language of Section 2.c of the resolution. That section has not been altered and still stated that support of the resolution equals support of building the project, not support of doing studies regarding the possibility of the project. Voisin stated she thought a new version had been created. Koopman asked if any other sites had been considered. Voisin stated that none had, as this site has both the 30% slope preferred and it is already owned by the City. Cruickshank moved to support the next few steps of the process without approving the resolution as written. Motion failed for lack of a second. Cruickshank asked what the group needs in order to give their support to this project. Group stated that they can't approve it without having more information and hearing from people with perspective on the environmentally sensitive areas of the land. Sohl/Silverberg m/s to form a subcommittee of the Conservation Commission who will tour the site, meet with the project proposers, and bring back information to the Commission. Voice Vote: All Ayes. Motion Passes. Sohl, Cruickshank, and Kooptnan volunteered to be on the subcommittee. 7. Reports/ Presentations/ Updates, Continued. Downtown Recycling- Buck stated they are good to go on the pilot project. They need to get sponsors and figure out how to attach the signs to the garbage cans as these cans are different than the ones in Lithia Park. The subcommittee will meet on November 3`d at 2:30 p.m. to finalize the sign language. Council Update - Rosenthal stated that on November 2nd there will be a study session regarding a proposed ban on smoking downtown. On November 3`d the Council will consider first reading of ordinances regarding nuisances and unlicensed dogs. On November 16th the Council will Minutes for the Conservation Commission October 28, 2015 Page 4 of 5 discuss the future of the electric utility as well as the recently completed water cost of service study. City Conservation & Operations - Hanks stated the bag ban survey for retail establishments is moving forward. The survey he and Weir worked on for the grocers will have some similar questions as those for the smaller retail establishments but will also have more statistical data. Additionally, there will be an Open City Hall survey for general community responses on the city's website. The review of the ban is tentatively set for the second Council meeting in January. Buck suggested the retail surveys include questions regarding compliance. Weir gave some history as to the original request for a $.25 surcharge, and why Council instead agreed to the $.10 surcharge. He stated that if it appears users are just switching to paper, rather than reusable bags the group should consider asking Council to increase the surcharge amount. 6. Old Business, part 2 Sneak Preview Column Buck gave Silverberg a few suggestions regarding tree recycling and changing the word. "sustainable" to "local". Silverberg agreed to incorporate those suggestions into the article. Weir/Cruickshank m/s to approve the holiday conservation article as presented with the changes suggested by Commissioner Buck. Voice Vote: All Ayes. Motion Passes. Wier warned that the January article to be considered at the next meeting will likely have some missing information when presented, as the survey will not yet be completed. Group discussed the following as upcoming topics: January - BYOB Update February - Climate Action Plan Quarterly Update March - Earth Bowl April - Natural Yard Care May - Climate Action Plan Quarterly Update Climate and Energy Sub-committee - Rosenthal stated the subcommittee had approved the RFP for the contractor. That document has to go through review by both the Legal Department and the procurement officer. This may take some time and might not be completed until closer to Thanksgiving. Whomever is hired as the contractor will work with the group on creating the action plan, as well as a plan for community involvement. There is a new committee member, Claudia Alick, who works at the Shakespeare Festival and is assisting with the Kick-off event in November. Ashland Climate Challenge Koopman stated that OSF has joined in a national effort to create short plays regarding the environment and they have agreed to perform some of those at the Kick-off event. So far the planning group has had a great response from local businesses. She gave an overview of the proposed agenda for the week and the Kick-off event. Group gave some suggestions such as; including information regarding buying and eating local, videoing the event, encouraging the Mayor and Council to participate, and ways to get kids in the community involved. Koopman agreed to send the event flyer electronically to commission members so they can distribute it to their contacts. Minutes for the Conservation Commission October 28, 2015 Page 5 of 5 Pesticide/Herbicide Discussion - Rosenthal gave background on why this topic is on the agenda and why Council had asked the Commission to review the proposal. Parks Director Michael Black was asked to participate in this discussion. Mr. Black stated there is a role for the Parks Commission and they will aid Commissioner Cruickshank's group in preparing a grant and testing alternative products. Parks already has a fairly comprehensive no-pesticides policy but they are not in a position to propose this resolution for Council approval. Group discussed whether a resolution would still be needed if the Parks Department was offering assistance. Cruickshank stated that the idea is to create educational materials that Council would approve to educate the community on the dangers and on alternatives. She asked if the group was interested in creating a sub-committee to work on updating the resolution. The group determined that they support the overall idea of a resolution and educational materials, but don't have time to assist or work as a subcommittee. Group agreed to consider supporting Cruickshank's community group if they come back with an updated resolution (or similar means of gaining Council support) at a later date. 7. New Business Compost Classes - Buck stated the subcommittee is proposing changes to the classes offered in 2016 to encourage more participation. They will do one class on each of these topics: composting, waste prevention, the Climate and Energy Action Plan, energy conservation opportunities, and water conservation. They are considering changing the venue and are working on changing the title as the classes are no longer solely focused on composting. The group agreed this was a good new direction and asked the subcommittee to continue to move forward. Leaf Blowers - Weir stated Council has recently received e-mails regarding leaf-blowers and a possible ban on their use. He wanted to double check that the group still wanted Weir and Silverberg to continue their research on bans. The group agreed to this course of action. 8. Wrap Up Group requested an update regarding storm drain care and water conservation management based on Hanks' and previous commissioner Beam's work at the next meeting. Also they would like a discussion regarding Historic Commission decisions regarding not allowing metal roofs in historic districts. Meeting adjourned at 8:01 p.m. Respectfully submitted, Diana Shiplet Executive Assistant Minutes for the Conservation Commission November 18, 2015 Page 1 of 4 MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, November 18, 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 Risa Buck, She] Silverberg, Bryan Sohl, James McGinnis, and Cara Cruickshank were present. Councilor Rich Rosenthal and staff member Adam Hanks were present. Commissioner Marni Koopman arrived late. 2. Consent Agenda None. 3. Announcements The next commission meeting will be on December 16, 2015, which is one week earlier than the usual meeting date. The Earth Bowl subcommittee will meet on November 19`x' at 3:00 p.m. in the Siskiyou Room. The Association of Recyclers' winter forum will be held on December 10"' in Portland. Buck will be in attendance. Group expressed their appreciation for the Climate Kick-off event held on Sunday, November 11,h. They agreed it was a good balance of information, artistic entertainment and community learning. They thanked the planning group for its hard work. 4. Public Forum Jeff Sharpe - Gave kudos for Sunday's event. He thought the atmosphere was great. He also thought the lead speaker's talk was on the mark. He would like to be able to show the commission some renewable information at the next meeting. Albert Pepe - Was inspired by the kick-off event on Sunday. He is generally not a fan of large meetings but was impressed with Sunday's event. He was disappointed that the event and the commission are not dealing with food security. He wondered why we are not doing more to grow food locally. He would like an emphasis on that as it is important to the community. Marni Koopman arrived 6:09 p.m. Huelz: Stated there are four different parts of energy - Generation, Efficiency, Conservation and Ecology. Generation creation via things like solar panels. Efficiency is the best use of created energy. Conservation is people's behavior. Ecology is making or using energy with the least amount of toxins or damage to nature. Generally we pay large amounts of attention to carbons but need to pay more attention to nature. He described the efficiency of the human body energy and how that can relate to being efficient in other sources. 5. Reports/ Presentations/ Updates Minutes for the Conservation Commission November 18, 2015 Page 2 of 4 Bag ban update - Hanks stated that the survey was sent to retailers and SOU will be compiling the results. He should have information ready for the next meeting. He will be speaking with grocers directly to get their information. Additionally, there will be an Open City Hall topic on the City's website for community input. All of this information will be available to the Commission as well as the Council for their one-year review. Downtown Recycling - the ad hoc group met to go over logistics. If staff is available, the baskets should be in-place by December 31 st. Staff will be testing one location next week to make sure they look good, as the cans in the downtown core are different than the cans in the Park. There will be eight locations in the trial run. Council Update - Councilor Rosenthal stated that at the November 30th study session Council will be discussing marijuana sales and production, with the first reading of an ordinance related to that scheduled for December I st. As there have been concerns with outdoor growing odors but indoor growing requires lots of energy, Council has a difficult job ahead to find a good regulatory balance. On December 14th, Council will be discussing street utility fees and transportation funding. On January 5th there should be a recommendation from the AFN governance ad hoc committee. City Conservation and Operations - Hanks stated that the City is in partnership with the company Enhabit to do a pilot program for energy performance reviews of homes. Enhabit is trying to develop a state-wide model so homes in different areas can be scored more consistently state-wide. There are still a few slots available, sign up can be done on the City's website. Hanks has been spending lots of time working with the Greenhouse Gas Inventory contractor. The most challenging numbers to locate are regarding is transportation. He is working with ODOT to get this information. 6. Old Business Sneak Preview Column - group agreed to approve the January article at the next meeting. They will give feedback directly to Weir. They discussed doing a Living With Wildlife column in September and Cruickshank agreed to be the author. Composting Classes - the ad hoc committee will schedule a meeting soon to plan for next year's classes. Climate & Energy Action Plan -the next meeting will be on December 2°a at 2:00 p.m. It will be a recap of the Kick-off event and a discussion of RFP scoring. The group is currently in a slight lull until the contractor starts. Rosenthal asked Koopman if she had any ideas as to how/when Geos Institute will provide the required deliverables from the kick-off event. Koopman stated that it will probably be a month before everything is input and processed. Group agreed this was a fair timeframe, since the contractor won't be starting until February. Ashland Climate Challenge - Koopman reviewed the week's events. She stated that the hearth event was a highlight for her. There were roughly 300 in attendance at Sunday's Kick-off event and approximately 125 stayed for the world-cafe/roundtable discussion. The organizers tried for Minutes for the Conservation Commission November 18, 2015 Page 3 of 4 zero-waste and they came close thanks to the durables donated. The only downside was there were fewer young people involved than the had hoped for. Solar Park Resolution Proposal - Hanks stated that at the last meeting a subcommittee was formed and a plan was made for a site visit. Unfortunately, having a subcommittee has created some legal issues regarding who can go on the property. It may be best to end the subcommittee, hold the tour as individuals, and have those individuals report back to the commission for further discussion. McGinnis stated he was under the impression Council wanted no movement on this project until the studies that are already in-process are completed. He is concerned about going against Council wishes. Sohl stated he believes it is important to be educated on these types of large environmental projects, even if the group doesn't move forward with approving the resolution. Rosenthal gave an overview of what the Council decision was, in that Council never discussed the merits of the solar project, but did discuss what has already been planned for the property and the studies which are in-progress. Cruickshank stated that she dislikes the idea of disbanding the subcommittee as this is an important topic. Group discussed why it may be legal important to end the subcommittee at least for the duration of the tour. Buck/Sohl m/s that the Solar Park Project subcommittee be disbanded. Discussion: group discussed whether the subcommittee could be reformed after the tour if the group determines it is necessary. Hanks agreed this was possible. Voice Vote: All Ayes. Motion Passes. 7. New Business Water Quality/Storm Drain Care - Buck stated that it has been a few years since the subcommittee on this topic was in place and did the storm drain markings. She is interested in revisiting this topic and possibly updating the door hanger given to residents. She is also interested to learn how contractors are educated regarding drains and creeks. She wondered if the group had any interest, time, and/or energy to work on these issues. Cruickshank stated she thought this was a great idea and that she is also interested in this topic. Group had a discussion regarding whether there was a need for additional information regarding storm drains. Hanks agreed to see if staff can make a presentation regarding current practices and how the Water Master Plan fits into these concerns at a future meeting. Historic Commission Design Standards - Sohl stated that he had a friend approach him with concerns regarding lack of ability to do conservation focused construction/remodeling in an historic district. Sohl expressed his concerns regarding those requirements. Hanks gave an overview of the requirements from the Land Use Code and described the process for exemptions from those standards through the Planning Commission. Sohl suggested that the Commission consider requesting those code sections be amended to include more conservation-related practices. Koopman stated this would require lots of research regarding latest and most effective products. Group determined this would be good to be a part Minutes for the Conservation Commission November 18, 2015 Page 4 of 4 of the Climate and Energy Action Plan process and that they should include other commission members in that process to hear all sides, particularly where group ideologies may differ (historic preservation vs. new technologies, etc.) 8. Wrap Up Group requested that the following items be on the next agenda: • Presentation by staff regarding storm drains (if staff is available) • Bag Ban update and discussion on possibly requesting Council up the charge to $.25/bag Meeting adjourned at 7:41 p.m. Respectfully submitted, Diana Shiplet Executive Assistant CITY OF ASHLAND Council Communication January 5, 2016, Business Meeting Liquor License Application for Petra Jung dba Scarpetta FROM: ,,ashland.or.us Barbara Christensen, City Recorder, christeb(& SUMMARY Approval of a Liquor License Application from Petra Jung dba Scarpetta at 145 E Main Street BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - New Outlet The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the council decided it would make the above recommendations on all liquor license applications. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Petra Jung dba Carpetta. ATTACHMENTS: Liquor License Application Page I of] V 1r, Al%k AS OREGON LIQUO NTROL COMMISSION LIQUOR LICENSE APPLICATION ARolication is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: RFull On-Premises Sales ($402.60/yr) 0 Change Ownership Commercial Establishment ® New Outlet The City Council or County Commission: Caterer 0 Greater Privilege 0 Passenger Carrier 0 Additional Privilege (name of city or county) 0 Other Public Location 0 Other recommends that this license be: 0 Private Club 0 Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied 0Off-Premises Sales ($100/yr) By: 0 with Fuel Pumps (signature) (date) 0 Brewery Public House ($252.60) Name: 0 Winery ($250/yr) 0 Other: Title: 90-DAY AUTHORITY OLCC USE ONLY 0 Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off-Premises Application Rec'd by: C lt Sales license and are requesting a 90-Day Temporary Authority Date: APPLYING AS: ( (S OLimited [3 Corporation ®Limited Liability Dlndividuals Partnership Company 90_day authority: ❑ Yes No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] 2. Trade Name (dba): SC4RPLT- 3. Business Location: IL45 MAIIQ 5T A514LAkD J4(4 K1 012115r-c-)"J 9-520 (number, street, rural route) (City) (county) (state) (ZIP code) 152-0 - 4. Business Mailing Address: t5OZ l _ Wo-sA A< (PO box, number, stree rural route) (city) (state) (ZIP code) 5. Business Numbers: L4 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? DYes JeNo 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will you have a manager? ®Yes ONo Name: PErRA u* OUNy (manager must fill out an Individual History form) 10. What is the local governing body where your business is located? ASIw4•vD, OR~ j ALK,50W GoutiJXV, CV-- (name of city or county) 11. Contact person for this application: T if G(-~ LAki 62J o?) S 17 ' Ll (name) ( one number(s)) IG, fv i (•e (address) (fax number) (e-mail addr s) 1 understand that if my answers are not true and complete, the OLCC may deny my license application. A tic nt(s) Si na re(s) and Date: Date I2J f~ ® Date p Date ® Date 1-800-452-OLCC (6522) a www.oregon.gov/olcc (rev. 0612011) CITY OF ASHLAND Council Communication January 5, 2016 Business Meeting Liquor License Application for Andrew Van Slee dba Wiley's Trattoria FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Andrew Van Slee dba Wiley's Trattoria at 1606 Ashland Street BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - Greater Privilege The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the council decided it would make the above recommendations on all liquor license applications. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Andrew Van Slee ATTACHMENTS: Liquor License Application Page I of I ~r, OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for: CITY AND COUNTY USE ONLY NSE TYPES ACTIONS Date application received: FUII On-Premises Sales ($402.60/yr) ❑ Change Ownership Commercial Establishment ew Outlet The City Council or County Commission: ❑ Caterer Greater Privilege ❑ Passenger Carrier Additional Privilege (name of city or county) ❑ Other Public Location ❑ Other El Private Club recommends that this license be: ❑ Limited On-Premises Sales ($202.60/yr) D Granted D Denied []Off-Premises Sales ($100/yr) By: ❑ with Fuel Pumps (signature) (date) ❑ Brewery Public House ($252.60) Name: ❑ Winery (S250/yr) ❑ Other: Title: 90-DAY AUTHORITY ❑ Check here if you are applying for a change of ownership at a business OLCC US O that has a current liquor license, or if you are applying for an Off-Premises Application R c'd b Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: Z ZZ []Limited ❑ Corporation Limited Liability ❑ Individuals Partnership Company 90 day authority: D Yes kNo 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] o Ik, IL C~jtS -~2A; Tol-►A, LL G o 0 0 2. Trade Name (dba): ) X f 3. Business Location: 11 U 6 A S t ncl S r ~ S ~4'1 + G2 O (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: 15/4 M Ir (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: 9 E) Slo - U 2 8 (phone) (fax) 6. Is the business at this location currently licensed by OLCC?)]Yes ❑No f J r- "'j ~(U'l l se S 7. If yes to whom: x.11 I C i (S T("-,ice- n S L (G Type of License: Lim / 8. Former Business Name: 5-A r'1 f- 9. Will you have a manager?I]Yes []No Name: A1"lotL.E V'j (//4/v SG,E"-4- (manager must fill out an Individual History form) 10. What is the local governing body where your business is located?_ A SN L A/Vo I J--A K ScA.1 d (name of city or county) 11. Contact person for this application: VAN SGAF 31 U 6 6 y !J I (name) / / phone number(s)) L~ ! ) N le- e_ ? ,-J 0/ _ .'1 JrZA--► e- 1 (address) (fax number) (e-mail address) G o v~ 1 understand that ' ansVver rs are not true and complete, the OLCC may deny my license application. Applicant(s ig re(s) and Date: Date / 13 fo, a#e.- Date a0 t ' 1-800 452-OLCC (6522) • www.oregon.go a 14 r W2011) CITY OF ASHLAND Council Communication January 5, 2016, Business Meeting Appointment to Climate and Energy Action Plan ad hoc Committee FROM: Diana Shiplet, Executive Assistant, City Administration, diana.shiplet@ashland.or.us SUMMARY At the August 18, 2015, business meeting, Council approved the formation of the Climate and Energy Action Plan ad hoc Committee and appointed its first five members. Since then, Mayor Stromberg has appointed two additional members to the committee. Mayor Stromberg is now requesting Council confirmation of the appointment of Jim Hartman to the committee as the Ashland School District representative. BACKGROUND AND POLICY IMPLICATIONS: At the March 16, 2015, Council study session, the Conservation Commission, through its Climate/Energy sub-committee, presented a plan framework for a community climate action and energy plan. Consistent with that framework, the Commission presented a request to Council at the June 2, 2015, Council meeting to establish an ad-hoc committee to oversee the planning, development and public process associated with the community Climate and Energy Action Plan. The Committee has begun its work, with the understanding that additional members will likely be added as the process begins to take shape and specific roles and responsibilities are identified. COUNCIL GOALS SUPPORTED: 22. Prepare for the impact of climate change on the community. 22.1 Develop and implement a community climate change and energy plan FISCAL IMPLICATIONS: As a formal ad-hoc committee, the meetings will be noticed and staff will provide committee support, meeting agenda/prep and minute taking activities. Due to the wide scope of the plan, staff from multiple departments will be involved in various elements of the project. Overall Climate Action & Energy Plan project budget that includes consultant services to assist in technical data collection and overall plan development was approved in the BN 2015-17 budget with a $120,000 appropriation. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to accept Mayor Stromberg's appointment of Jim Hartman to the Climate and Energy Action Plan ad hoc Committee. ATTACHMENTS: None Page 1 of 1 CITY OF ASHLAND Council Communication January 5, 2016, Business Meeting Endorsement of the Soroptimist International of Ashland for the Purpose of Hanging a Banner FROM: Diana Shiplet, Executive Secretary, shipletd@ashland.or.us SUMMARY The Soroptimist International of Ashland will be celebrating its 70°i anniversary in 2016. They would like to hang a banner across E. Main Street from June 6 - 12, 2016, to commemorate this anniversary. However, per ODOT and City of Ashland regulations, the only banners allowed to be hung across E. Main Street are those for city events or city endorsed events. Council must decide if they will endorse this anniversary for the purpose of hanging the banner. BACKGROUND AND POLICY IMPLICATIONS: City of Ashland and ODOT regulations require that all banners hung across E. Main Street be for city events or city endorsed events. Any non-city event must request endorsement by a city commission with final approval by the Council or must directly request endorsement from the Council in order to qualify for banner hanging. The Soroptimist International of Ashland is not a city event or City commission, and therefore is requesting endorsement from the Council. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Endorsement by the Council does not include waiver of any fees. Soroptimist International of Ashland will be required to pay all fees associated with hanging the banner. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move approval of endorsement for the Soroptimist International of Ashland anniversary celebration for the purposes of hanging a banner across East Main Street. ATTACHMENTS: Letter requesting endorsement Page 1 of 1 Mr, i' November 30, 2015 Dear Mayor and Council Members, Soroptimist Intl - Ashland P. O. Box 544 On June 12, 2016 Soroptimist International of Ashland will celebrate our 70th Ashland, OR 97520 Anniversary, having been chartered by Soroptimist International of Klamath Falls on June 12, 1946. We are proud of our 70 years of service to the siasashlhland a sa C@.o community of Ashland and to women and girls all over the world. Qsosoropt imist.net Board of Directors Soroptimist International of Ashland earns funds to support our mission through rental of pillows and blankets in the Allen Elizabethan Theater where we have PatAcklin operated the "Pillow Booth" since 1949. Half of our proceeds are donated back President to OSF to support their FAIR (fellowships, assistantships, internships, and residencies) Program. The remainder is spent on scholarships and awards for Robbin Pearce girls and women, women's and community health, for example, SI Ashland has President Elect contributed over $30,00 to the Ashland Community Hospital Foundation, and a Janie Burcart wide variety of other community projects. We are also in our 8th year of Vice President sponsoring the Soroptimist Strong Girls Strong Women program for girls at Heiman Elementary School. This four-part program features a book give-away, 1 Alex Zaremska a "lunch buddy" mentoring program, an after school STEM (science, Secretary technology, engineering and math) program and after school career education field trips. In the past we owned and operated a senior shuttle van serving the Judy Faulkner Ashland Senior Center, supported the Soroptimist Garden Way Park (donated Treasurer by one of our members), and founded the first Trees of Joy program for holiday Yvonne Chilcoat gifts for needy children. And there is much, much more! Asst. Treasurer We would like to celebrate our 70th Anniversary by hanging a commemorative Yolanda Nagel banner across East Main Street during the week of June 12, 2016. It is our Director understanding we need the authorization of the Mayor and Council for this to occur. We believe our 70 years of service make a compelling case that we are C Carolyn Johnson a part of the fabric of Ashland making this a most appropriate banner for all to Director see! Kathy Garrett-Canape Very Sincerely Yours, F - Pat President E [E 0 v t- Pat Acklin, President OEG1 15 \1 YOUR .org f CITY OF ASHLAND Council Communication January 5, 2016, Business. Meeting Special Procurement of a new Honda Police Motorcycle FROM: "Tighe O'Meara, Police Chief, Ashland Police Department, tighe.omeara@ashland.or.us SUMMARY The Ashland Police Department is seeking authorization to use a special procurement to purchase a new Honda police motorcycle. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Police Department (APD) has one officer assigned to its traffic division. As a traffic officer, that officer uses a Honda model SP1300PA to facilitate accomplishing his duties. Motorcycles are uniquely suited to traffic duties and are a common tool for officers serving in these positions. The current motorcycle is a 2009 model year and has over 50,000 miles on it. This motorcycle was due to be rotated out in favor of a new one two years ago. However because it has been a reliable vehicle and has been well maintained by its sole user we have put off buying a new one in the interest of fiscal responsibility. This motorcycle now needs to be replaced. For several reasons the APD would like to use the same model and brand of motorcycle. This is both for its known reliability, but also because the APD has purchased unique and expensive equipment that works only with this brand and model of motorcycle. If the APD were to move to a new model or brand it would require not only that the motorcycle itself be switched, but also the purchase of several new pieces of equipment, raising the price by several thousands of dollars. Further, APD would like to purchase the vehicle directly from Kawasaki and Honda of Medford, the only Honda dealer in southern Oregon. In the past, we have found that motorcycles purchased from other vendors have not received expedited maintenance and repair service at the only Honda motorcycle dealership in Rogue Valley, Kawasaki and Honda of Medford. Purchasing the vehicle from this dealer ensures that the vehicle's maintenance gets prioritized, which is essential to maintaining this function within the department. Honda does not presently offer this model, or any other police motorcycle on the state bid list. The new motorcycle, a 2016 Honda SP1300PA has a cost of approximately $17,445 which is budgeted for in the Public Works budget, as is the cost of outfitting the new vehicle. The current motorcycle is a 2009 model and has a resale value of up to $4,000 which will help offset this cost for the City. COUNCIL GOALS SUPPORTED: 28. Provide Police, Fire, and other first responders with facilities and equipment that ensures their and the public's safety. Page 1 of 2 CITY OF ASHLAND FISCAL IMPLICATIONS: This purchase price is $17,445 which is budgeted and available in the Equipment Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council authorize this special procurement. SUGGESTED MOTION: 1 move to authorize the acquisition via special procurement of a 2016 Honda SP1300PA motorcycle. ATTACHMENTS: None Page 2 of 2 ~r, CITY OF -AS H LA N D Council Communication January 5, 2016, Business Meeting Special Procurement for Audio and Video Equipment Upgrades in Council Chambers FROM: Ann Seltzer, seltzer@ashland.or.us SUMMARY This is a special procurement with Southern Oregon University/Rogue Valley Public Television (SOU/RVTV) to purchase and install video and audio equipment in Council chambers. The City contracts with SOU/RVTV to provide public access television and to film and broadcast meetings in Council chambers. It has been determined that an equipment upgrade such as this is not covered by this contract. It is in the City's best interest to contract with the provider we are already using who have the knowledge and expertise of the required equipment and who understand the challenges of filming and broadcasting in Council chambers. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract. The Special Procurement Approval Request Form is attached. Southern Oregon University/Rogue Valley Public Television is subject to State procurement laws as is the City of Ashland. They have satisfied those procurement procedures for this project. There are two parts to this project: 1) internal upgrades in Council chambers and 2) RVTV signal transmission upgrades. As reported to the City Council at its study session on October 19, 2015 the video and audio equipment in the Council chambers is dated and not compatible with the higher quality digital equipment that is now the industry standard for live broadcasts, such as broadcasts of Council meetings and other City meetings. The sound system has experienced chronic volume and feedback problems that we have been unable to correct. Ashland, Medford, Grants Pass, and Jackson County are sharing the costs associated with the upgrades to the RVTV installation of all-digital infrastructure for cable networks and high-definition streaming services for online live streams. Ashland's share is $12,000 and is included in the attached budget. The overall budget is $57,471. The cost for the work inside Council chambers is $45,471. This is an increase of $7,200 from the amount reported to the Council in October. The increase is due to additional requests by City staff including: 1. A Vaddio Basestation which allows presenters to use any device they choose and plug it into an assortment of adapters that convert the signal to either HDMI or VGA. Page ] of 2 CITY OF ASHLAND 2. An additional microphone for the presenter's podium. 3. An audio control dial to be placed adjacent to the recorder station to control the volume of the lobby speakers. 4. Relocation of the recording device to the control room. 5. ADA headsets to be available for the hearing impaired. Timeline It is anticipated the work can be completed in two weeks and will start the week of January 18. The space will remain available for regularly scheduled meetings and television broadcasts barring any unexpected issues. COUNCIL GOALS SUPPORTED: 2. Promote effective citizen communication and engagement FISCAL IMPLICATIONS: Funds are available in the Facilities Maintenance Capital Improvements Fund for this project. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Special Procurement. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Special Procurement with Southern Oregon University/Rogue Valley Public Television. ATTACHMENTS: 1. Form #9, Written Findings - Special Procurement, Request for Approval 2. Scope of work and budget provided by Southern Oregon University Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Dave Kanner, city administrator Date: December 7, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Administration 2. Department Contact Name: Ann Seltzer, management analyst 3. Type of Request: N/A Class Special Procurement N/A_ Contract-specific Special Procurement N/A 4. Time Period Requested: From: January 18, 2016 or later To: February 15, 2016 or later (estimated timeline is three weeks from start date) 5. Total Estimated Cost: $58,4701 6. Short title of the Procurement: RVTV Upgrades in Council Chambers Supplies and/or Services or class of Supplies and/or Services to be acquired: Southern Oregon University/RVTV will purchase and install audio and broadcast equipment. It is in the City's best interest to contract directly with the provider of public access broadcasting services because they have expertise and knowledge of the equipment and the audio and video challenges in Council Chambers. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Southern Oregon University is subject to State procurement laws as is the City o Ashland. Southern Oregon University/RVTV has satisfied those procurement procedures. Proposed procedure: Direct Award Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 12/28/2015 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Southern Oregon University/RVTV is the sole provider of public access cable broadcast in southern Oregon The City does not have the expertise or knowledge of the required equipment and installation to provide cable broadcast television. It is in the City's best interest to contract directly with the providers who have the expertise and knowledge of the equipment and broadcast requirements and needs. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Southern Oregon University/RVTV is the only provider of public access cable broadcast in southern Oregon and consequently is the only provider that understands the types of equipment needed for this project Southern Oregon University/RVTV is contracted to provide these services to the citizens of Ashland and operate the equipment in City Council Chambers. (Please provide specific information that demonstrates ho\~ the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The additional cost to train City staff on the types of equipment and installation for this project would be substantial and exceed the amount of this special procurement. Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 279B.065, or 279B.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3,12/28/2015 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - fl/ (q)provcd by Council, January 6, 2016) PUBLIC NOTICE Approval of a Special Procurement First date of publication: (if approved by Council, Janraal~, 6„ 2016) A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on January 5, 2016. (if approved by Council). The City of Ashland intends to enter into a contract with Southern Oregon University/RVTV to upgrade and replace audio and broadcast equipment in Council Chambers and to install new digital signal transmission equipment to provide HD streaming servers. The contract is $58,471 and the project is expected to begin in mid- January and last three. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding Of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Administration, Ann Seltzer, 20 Cast Main Street, Ashland, OR 9752. The seven (7) protest period will expire at 5:00pm on January 13, 2016. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 12/28/2015 i Scope of, Work RVTV/SOU Jinp Movements to City Council Chambers The City of Ashland and RVTV/SOU have agreed to upgrade and replace equipment in the Council i Chambers in order to retire aging equipment, comply wil.h digital media protocols and to improve the E audio and visual experience for the City Council, the live audience and television viewers. Eneetations and Deliverables 1) RVTV will order all the equipment and provide the City will copies of the paid invoices 2) City will provide to RVTV a site plan with as-built drawings showing current installations and wiring diagrams 3) RVTV will provide design drawings with details of new equipment 4) RVTV will install all new equipment including Cat 6 cable and IIDMi connections. City staff will provide oversight and assistance as needed. 5) Replace the current speaker system (six in Council Chambers and two in the lobby) and provide an audio control for lobby speakers to be located at the City Recorder's station 6) Install a smart EQ systems (eliminates the need for RVTV operator to manually adjust speakers) 7) Install four new cameras plus a tricaster mini (provides high definition audio/visual system in the control room) 8) Install a vaddio basestation with an assortment of adapters that convert any presentation device to either HDMI or VGA, City will coordinate with RVTV to ensure the presenter laptop meets the specifications to take full advantage of the basestation. 9) Install three 65" commercial grade flat panel television monitors two in the current presenter screen locations and one mounted from the ceiling to face the audience (City may decide to purchase these separately) 10) Recorder device will be relocated to the control room 11) Provide an additional microphone for new speaker's podium (City will purchase podium separately) 12) Provide two ADA hearing devices 13) City will install new and additional acoustic materials if possible 14) Replace all devices that connect the government video feed with RVTV playback services. 15) Provide training to city staff on the new presentation 16) Provide final as built drawings to the City 17) The City will be responsible for providing power at each camera and monitor locations, the City will also mount the new monitors. 18) Any work not expressly outlined in this proposal is subject to a change order and associated costs. Costs The total cost of this project is $57,471. I I Southern Oregon University Nicbolas Brandt, Technology Consultant 1250 Siskiyou Blvd Ashland Oregon 97520 (541) 292-7811 I City of Ashland 20 East Main Street Ashland Oregon 97520 Phone: (541) 488-6002 Fax: (541) 488 5811 Dave Kanner, City Administrator Southern Oregon University (SOU) is pleased to provide the following plan for the design and build of the City Council Chambers Refresh Project. The principal object of this project is to update the technology used in the chambers to reflect current High Definition audio and video presentation standards. The complete scope of work is below: SCOPE OF WORK: Audio Reinforcement: • Replace current speakers and power amplifier with a full range sound system to adequately meet the needs of the presentation space with a 70 Volt speaker system E utilizing six (6) speakers in the chamber and two (2) speakers in the lobby using one (1) low power amplifier to eliminate feedback. • 'fake relevant measurements of the acoustical properties of the Chambers (e.g. reverberation, resonances, reflectivity) and make adjustments to facilitate the best possible sound-reproduction and minimize the risk of feedback. This will include active feedback reduction and graphic EQ processing. • Acid one(]) 8-channel automatic mixers (Shure SCM810). Since feedback has been an issue in the past, incorporate active feedback elimination via outboard gear, to maximize gain before feedback- • Add one (1) Shure Gooseneck Microphone in a shock mount for new city provided presenter podium. • Provide audio outputs from the sound system to city's existing SD card based recorder (relocated to the RVTV control room) • Add a volume control to the clerks workstation to control volume of lobby speakers. • Provide audio press feed at presentation table. • Provide and install two (2) ADA compliant assisted listening headsets. 1 i i i e Pull new terminated wiring required for the audio and video systems using existing open j cable pathways. Broadcast Recording System: ® Design and implement a High-Definition (HD) audio/video production system with a Tricaster Mini and four (4) Panasonic HE 40 IIDMI Cameras with the required controllers ® Install video-production equipment in the control room in the Council Chambers with modified furniture. • Provide and install a 4 in 4 out matrix to act as a sub-switches for input 4 on the tricaster to facilitate switching aNvay from a camera on the broadcast to allow switching to the presentation feed.. i Pi-esentation System: ® Provide and install three (3) 65 inch commercial grade flat panel TVs. Use UL, approved wall mounts to install TVs in locations approved by the city. Commercial grade monitors are warrantied by the manufacturer to be used on government and commercial locations, are built with higher quality parts and rated to sun for long periods of time. s Provide and install one (1) new Vaddio Basestation "Bring Your Own Device" System to replace existing presentation system. System will allow virtually any device to feed the presentation system. j ® Connect new monitors to broadcast feed from the booth and separate presentation feed j from Vaddio Basestation for non-televised meetings. i Design and Project Management: • Manage all work with City Departments on all required physical room changes and electrical additions. ® Provide design drawings for approval if requested. ® Provide as-built drawings and wiring diagrams upon completion. ® Provide training for Staff on all new technologies implemented in this project. Exclusions e The City will be responsible for providing power at each camera and TV location and all wiring not in surface mounted conduits, The City will also mount new TVs o Permits (none required) ® Any work not expressly outlined in this proposal and subject to a change order. Total Council Chambers Project Cost: $45,471.17 2 I RVTV Signal Transmission Upgrades ® Provide and install new digital signal transmission equipment for all cable networks ® Provide and install new 141) streaming sewers for RD Live streams on the internet. } • Provide and install an all digital infrastructure. Ashland Contribution to RVTV Shared Cost: $12,000 Grand Total: 57,471.17 1 i i 3 3 3 3 i i O n 0 0 0 0 0 o n C7 N N 10 J M ~ is O r p Cp m ti r p o 0 ~ r r co i+~ a v a1 p O ~ C O Q) ~ L ~ I N C ~ I C O O N U a ~ o m ~ f* = n o r U' Q1 m Q J J L Q E ~ I `o ai m a) m a) u(1) m a) I T9 O O ay N C N C C C C p C C C C Q" a1 O O O O .fl C .0 C C C C O C C C C O U U V Q o a o 0 0 0 0 0 0 0 0 O O o O o o in O b O 4 O O O b M 'o o t0 o g o 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 ~n o Ln o3 Lo o o 0 o Ci o m o 0 o LO o m m m m m C. ic'~ o o ~r; o w 0 0 Lo M ~n O tf] a3 N 'cY tl' 4l o tt N tl' V N N N Lo M M m c! NO iS7 m fA V M r V3 Efi fA f» ffi fA l0 m N L EA fA Es3 fA fA fA Vi ff! E9 ffi M Elj Ef3 1- G ~ J ~ ryO O O O O O V) O C1 P O O cD O O O M 6 O O O O O G) O O O O O O O O O ~ti O LL7 m m O O O O O O m O O O a-- m N m V' m O N O O m O fD O O Lo M N !n -,f ti N V LD o -q: N V' N N N to M c7 tf 6 N co Ui E9 E9 M En E9 to Lo m EA f!3 Eli E9 ffl ff} 69 N V) 4. o Q r' V N M r V r- E s ns cr ; O Ci O M Q m N (o n u`r a a u w N E n ° o n a v o rn co o v z N C) y oo m_ n E E n o It sms n» Z= M O O V O U J N U W a U) K (D O. 0 X O w d N O J EL r = a ¢ ~r J rn v) ¢ U LL v ~ N N m ~ N N a r c w o a o `o o c S U to - o p o 0 o m r E m~ <n •c Q N w _ C = N m a C z a s° co N = E <C •o L a m o m o co L c c P~ v E o x L) N= •E '3 v m m F ~ I F c y°° o 0 0 o d a E o 0 a) v c> a m m C) 'E5 R U a3 f9 Cq O L O co al N t6 al al O 'C a E- a a Q Q J Q cq u) o> B 0 U a O) > 0 0 0 0 1 i CITY OF ASHLAND Council Communication January 5, 2016, Business Meeting Appointment to Forest Lands Commission FROM: Barbara Christensen, City Recorder, christebgashland.or.us SUMMARY Confirm Mayor's appointment of Shannon Downey 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: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Shannon Downey to the Forest Lands Commission with a term to expire April 30, 2018. SUGGESTED MOTION: Motion to approve Shannon Downey to the Forest Lands Commission with a term to expire April 30, 2018. ATTACHMENTS: Application Page 1 of 1 I CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christeb(d)ashland.or.as. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Shannon Downey Requesting to serve on: Forest Lands Commission Address: 645 Oak Street, Ashland Occupation: Environmental Coordinator Phone: Home 541-414-7557 U.S. Forest Service Work 541-618-2074 Email downeyshan@gmail.com Fax 1. Education Backsround What schools have you attended? The Evergreen State College (undergrad); University of Washington College of Forest Resources (grad) What degrees do you hold? B.A.in Environmental Science; MS. in Forest, Range, and Fire Ecology What additional training or education have you had that would apply to this position? Extensive training in vegetation ecology, watershed management and restoration, fire ecology and management, environmental policy and planning 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Endangered Species Biologist; Reclamation Ecologist; Fire Mitigation Specialist Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Connecting with other groups faced with similar issues and problems and is always beneficial to keep abreast of new ideas and diverse approaches. In a similar vein, keeping current with scientific and socio-political developments allows one to incorporate the latest thinking - or at least guards against pursuit of unwittingly anachronistic practices. ~ gill 00 3. Interests Why are you applying for this position? I have been passionate about forest and watershed management for many years, especially regarding ecological restoration. The opportunity to contribute to sound management of municipal lands where I live is especially exciting - and one I have never had before! 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am available for special meetings with adequate advance notice. As 1 workfull time, 1 prefer evening meetings. 5. Additional Information How long have you lived in this community? Since August 2014 Please use the space below to summarize any additional qualifications you have for this position Even though 1 have lived in Ashland a relatively short time, 1 have been coming here to visit my brother for almost 30 years. I grew up in northern Lassen County, California in the rural hinterlands of the State of Jefferson. So, in a regional sense, this area has been home to me for a very long time. In addition to my brother and his family, my mother, my son, and my niece and her family all live here - we have four generations worth of reasons for wanting sound management of the municipal forest lands! 12! 291.5 _ Date Signature CITY OF ASHLAND Council Communication January 5, 2016, Business Meeting Recommendation from the Public Art Commission for Gateway Island Public Art FROM: Ann Seltzer, management analyst, seltzera@ashland.or.us SUMMARY The Public Art Commission (PAC) is pleased to forward the recommendation of the Selection Panel for public art on the Gateway Island and the selection of the sculpture "Gather." The recommendation is the culmination of a years-long selection process that included review of more than 60 responses to a request for artist qualifications and three finalist submissions. Margaret Garrington, chair of the Public Art Commission will present the recommendation. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland Public Art Master Plan calls for the installation of a major piece of public art in the Gateway Island, which is located in Siskiyou Boulevard between the Ashland Library and Fire Station One. The Public Arts Commission began setting aside money in 2008 in order to accumulate enough funding to pay for the project, and expects to have $100,000 available in 2016. This funding comes from transient occupancy tax, and its use is restricted by state law. At the City Council study session on November 30, the Public Art Commission presented a detailed report on the process used to arrive at a selection of public art for the Gateway Island. In her report, Margaret Garrington included a detailed timeline of the process, the development and adoption of the Public Art Master Plan, the development and adoption of AMC 2.29, how the Gateway RFQ was developed, public input outreach and results and the criteria used by the Selection Panel to make its decision on September 22, 2015. The process to for selecting public art is spelled out in the Ashland Municipal Code, chapter 2.29. • 2.29. 100 A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City's public contracting rules. • 2.29. 100 B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission. • 2.29.100 C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Page 1 of 3 ~r, CITY OF ASHLAND Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. The Selection Panel evaluated the three artist concepts selected by the PAC to move forward in the process. The panel used criteria included in AMC 2.29.130 and criteria included in the Request for Qualifications. The panel agreed that Beeman's concept was too tall, the narrow leg design was not appropriate, and the overall piece was out of scale and proportion for the site. Further it did not provide interest at eye level and the concept was a variation on his previous work and not original to Ashland. The panel agreed that Stoller's piece was too small in scale for the site, is identical to his helix form in Carlsbad, CA with different iconography and therefore not original. The panel found Zoecola's piece with its bulk and height to be the most appropriate in scale for the site; it best articulates the space, it doesn't tell the viewer what to see but invites the viewers to think and to imagine what they see. It was noted that Zoccola's design approach is intuitive and site specific. Her design is original and unlike any of her previous work and the patina of the steel captures the palette of colors and texture of Ashland and respects the tonal architecture of the City. The panel unanimously chose Zoccola's "Gather". Selection Panel Gateway Notes. After Garrington completed her report and the Council asked questions of the PAC, Mayor Stromberg requested staff suggestions for "basis of decision" considerations the Council might use. As noted above, AMC 2.29 includes criteria that are to be used by the Public Arts Commission in making its recommendations for public art and these are attached. Staff has also assembled and attached to this communication a matrix of other criteria and considerations the Council may find useful in its deliberations. The Council may find this a useful tool during its discussion and deliberation. If Council approves the recommendation, the City will enter into a professional services contract with the artist. The approved scope of services will require the artist to develop construction documents that include an approved structural engineering design which will be reviewed by the appropriate City staff prior to fabrication and installation. City staff review or consultant peer review of construction and engineering documents occur for every City construction project. COUNCIL GOALS SUPPORTED: 14. Encourage and/or develop public spaces that build community and promote interaction. FISCAL IMPLICATIONS: Transient Occupancy Tax allocated for public art is budgeted and available. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Public Art Commission recommendation. SUGGESTED MOTION: I move approval of the recommendation of the Selection Panel and the Public Art Commission for the Gateway Island Art Project and direct staff to enter into a contract with the artist. ATTACHMENTS: 1. AMC 2.29.130, Guidelines for recommendation by the Commission 2. Factors and Considerations matrix 3. Zoccola's proposal for "Gather" Page 2 of 3 rr, CITY OF ASHLAND 4. Selection panel member information For additional information, please see the agenda packet for the December 15, 2015, business meeting. Page 3 of 3 1r, 2.29.130 Guidelines for recommendation by the Commission A. Selection Guidelines for Works of Public Art. 1. Quality. The artwork should be of exceptional quality and enduring value. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. 6. Permanence. Both temporary and permanent art works shall be considered. 7. Media. All forms of visual media shall be considered, subject to any requirements set forth by city ordinance. 8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the city. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural diversity. 10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal, state, or local laws, including specifically AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access for installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. 3. Visual Enhancement. Public art should visually enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be part of the city' s circulation paths. 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, large signage, billboards, etc. Factors and Considerations in the decision on the Gateway public art project Possible Decision Factors Considerations Ordinance criteria • Is the artwork of exceptional quality and enduring value? • Is it suitable to the Gateway site in terms of scale, texture, materials, colors, existing architecture and landscaping and the site's historical, geographical and cultural features and current uses. • Does it comply with code criteria of permanence, durability, maintenance difficulty and cost? • Does it create any public liability? • Does it enhance the diversity of the City's public art collection? (Interesting? Unpredictable? Unique?). Current public response • Responses have been mixed, although many have been very emotional both (including Email for and against. Opposition expressed to any high-cost, non-local, non- responses) historical, non-representational, or non-Nature themed piece. Support expressed for historical resonance, quality, shape and the thought-provoking nature of the piece. • Can the Council truly determine public preference from divided fervent opinions (and large majority not expressing an opinion)? Likely public response • Can this be reliably predicted? 10, 20, 50 years from now . Many examples of public art disliked initially and later beloved (Eiffel Tower; Vietnam War Memorial; Louvre's glass pyramid; Philadelphia "Love" statue; Redding Sundial Bridge; Seattle "Changing Form" sculpture). • Many examples of public art liked initially and later spurned or ignored (`Charlie Chaplin" in London, "Tilted Arc" sculpture in NYC, "Caveman" statue in Grants Pass). • Original art designed for the site is more likely to become iconic. Councilor personal • Councilors are entrusted to exercise personal judgment about public matters opinion after considering a variety of factors and weighing the pros and cons of various projected outcomes. • The Council can exercise its prerogative to override any recommendation. Opinions of "experts" in • The AMC Public Art selection process is designed to defer to the judgment public art of "experts." • The makeup of the Selection Panel met the requirements in AMC and included experts in the field of visual arts. • Councilors often rely on opinions of persons with specialized knowledge or expertise, including members of City commissions, many of which are peopled by appointees with special expertise in the Commission's purview (e.g., Historic Commission, Tree Commission, Housing and Human Services Commission, Forest Lands Commission, etc.). Deference to process • Was the Public Art selection process was followed per AMC? If so, should it be honored? • If the AMC Public Art selection process is flawed, should it be adjusted by amending the Code for future projects rather than by changing the outcome for a current project at the end of the process? • Does getting more opinions about a piece of art assure higher artistic quality or greater public consensus? (It ma 'ust as well have the opposite effect.) Preference for local artists e Is there a pool of local artists with experience in creating large, outdoor I public art pieces? • Local artists were invited to respond to the Request for Qualifications. In narrowing down the field of 63 respondents (three from Ashland, ten from Rogue Valley) on the basis of written responses, demonstrated artistry in 3- dimensional media, experience with large public art projects, and extensive reference checks, the top three finalists turned out to be non-local. • Limiting "bidders" to locals arbitrarily reduces competitive creativity, presumes locals cannot compete regionally, invites retaliation from other areas in their future public art projects, and violates public contracting rules for major projects. 2 70 c a (1 0 0- ci 0 CL0 Q~Lo 0 0270 U c v ° 0 -,Q E 000 a3 Q Y ~Tl I - , 4t T r ,a &Y2. yN ~~`~tT' d'NV 1 fie, w 3 ~a j5 cc N _ N N _ _ O O Y X-C a) CM 0 0Cu O 0~ C ~ (D 0 L m Q3 a L t7 ca @ C m C L C C .E w 63 L 0 o` C- a Q E m C o L 3 C m 0 m F 3 m F 0 7 00 E C .s- t1Y 0 ¢i N a 0 0 N CL w X 0 N -O O C2 ~ O- X 0 w- Q cam as o M - 0 0 o= Ca ca N u o 0 C3 > Ca c`a ato E ~0 EL N ats c 0 E 10 E > C Q~_0-0 a as3 oY3ac3 ~Z Ma.0E~No0 c>Mca°.-Ca o` Ca Cn -0 -a 0-000 aQ is>.a`xa uagoop0aax wain L `o X-C C C mwa-w cEts-00U"a c C u N N N C T~ ax > a C ui :3 ~ cat' C m C N eL3 eel a# 3 N C - C .0 ca ca 0 0 CL o a` a 3 c a 0 m a~°yi C? ax u a CaC o C 0 main > a C au ca E_N o- 3~ vv, m c N V Y F C m mZ2 v, o 3 o i„ ~ W O m o m Ca Q N V lt~ No r Cu o L C ~ L M N o U 0 Ys_' Cam - w m o C3 w 3 ~ 0 3:.1- =.E Q ca ? ran m N ~C Ca ac Q_ N ~C E 0 ~o ° 3 3 ca w a a cc N0 > i- N~ LI sLn N z rs m ca Ca > CL 0 E: Ca -6 - Ca o 0-0-9-- o 0 O c X O v 0 - LX o N t) p° ca a Ca S- Q N X C 3 C1 3- w ` L C] C O mss ¢~0~a 0 $Cn MCaC ~ay`m cam 5 c° m o f 0- a$ 0 3 vin E €i aaca c> >1 0-- CI- W 0 CL r- 0,6 a -0 CL E 0 ma Q 0 0 W M N 0 as C ca 0 L Y C Q 0 ~ c' E F0 O L E m C 0 0 L 0 e c~ M •a` ~ L CL O Q 0~ 6L..) ° 0) - 0 a ~?.n~x- = 0L E ax o o 0 0 N C Ca-C O C N 0 0 -``a~u3EaaOlvE3 N0 ~a~30>°L - EY3m n0 e o 0 RD m L C540 g 0.0 --aeon CU n C C N a ~L N 0 0 fl E w °_0_ o = <a ca o o a vm, ca N N a w 3 a •a a C p C7 3 N 0 O- w C uVf a 0 in3Ca-- 0 3: 0 0 a= Ca -rM0-0CLo =oLca0 0 0 -a w 0 0 as oR 0 as o N aQ U w 3 v 0- C3 ~ m 0 C > C o CL O Co o E C C C 0 C Q7 3 of Q. > Ca Ca - M_ o voio ° o"C i300 Wy 0c000coi y E 3 V L N N 0 o E Cm Q CI O to y O Q py E a C d N U.0 Q "a Y ® is O Ca V 6b - in C 0.0 Qy O= E - 3, :3 C C 0 c M 0 o 3~ O Q m 0 0 O Os Cm Y w C 0 o y Ca :3 Caic~ a~ CL a: E o, ~ ° o C 0 O W Al o o c O 0- R- ? 0 ~m N cn o f gm N-a 3 0 nCm 0, ° 0s F 3 O w L.+ o E U 5- L ca S U. F [1 0 L Cu 0 w r F- N 7 O Ca 3 N ,T 1,rya `Mme.. w t 4" : t ~ L -V CL + 9 Y/ - f CN r I t+~> C- s~ CZAV& 3 ~ R a 1 7 4 k A, 3 ~ ;z$xx ~ x `y •T T I T CIL Lf) (D -0 C3 C CV - U p- ° UU .4 n c`aoo v~iQU 3 . z 't ~ ,~v ~ ~ ` •c ` gal IAV r "'68 iV .'-:r f r rn y to ~p ~ '~A''' ® ~ • a.r~•3, `ca~.~j-.~".w zv'v,"~m•" Cw` rr ~ t ~ rw~ ~4 ~ J+ ~ ~ ~ ~ ~iwl+',r~\fl'~~~ f~ p~ ~ t~ -2s ~ , ,e. M. - f # O Lo ~oco04 v 0- -c a~Q E N i c 0 0 0 , ~ Q CD n Q U cn ,r 4 k ~ y • ~ ~-ate.-... i is u~ r-r x a t 71 rF r Y- ~i-~ ',r- /A ~'+~:~,'~~..f?'. ~+ttt:~~jj~ ~'jj ~C _ x s _ K P ~r t +„~,.,rcv6 A OF, • a z.. L Y ce t tr,tz++m - 0 ~J 0 (D r c C-4 c o oar .`z 4 r LL. A 1t laaa ' :Ak -41 17 Y kk <k Irv } 4 CIL 3 c C) 04 0 -0 c 000 fv -a t i cnQUrn a v R ~ l ~ I Js~- ~ iR! r k T All tom! Ix { . tg"8f 2 C d ` CT C - Lo - N Z3 CC1t t O- p d Y Q E I 0 o c 00 0 Q Q c rs ~n U c0 ,51 L3 Ai, U o ~ 3 E t 91 ~~w"s f r i ' ,sue k ~ ~ r 4H ~ P V ~ p k1 N 3 CL U Qt { API - { x (D 70 t t3 U ~ 0 C14 2 0 ~ M. c o Q QY O } a~ ~ c a a E CL U-2 CIA ~ oa d 0 .0 CR n C} °s a_ m a C1 a C m LO 0 K C14 r o Cav n c C1t 3 ci ur C3 ~v asc a 1t U 0 o a u 9 U u c p c C erg 10 fY Q 2 c Cam C4 D L C C Q _0 '0 Eg `C c 0 O Q c c c Cl CL 3 10 o mD CV > cast Ca1t a C.) 0 c o CZ a t3 _ c :n n c O 6 c O a3 o CL Q O v, CL _ gtj F Le) M 7D i 0 C 0 U 'a V 6 O _ 0 10 6 0 iLir -0 z0 a a C4 n HcQE Y C O m CT O o O et. it 3 a CL a O O m= Cl Q~ cnt~ UEnn a~ ao O O O C) C; O O O O O O O O O O O O uj O LO ~ M O 00 r cf} t } H} b9- Ft V? C 0 U U ~ N C- O C c O p u U O C O O O C U O x ~ N N U C O N Q °5 N N j W N U 0 cn a C) ~ c ° o o z U 0) 9 1 U no > w o O O O V) QLL- N p 0) U` Z Lo W U p C Q C w Q 0) X m C O (9 o Z O N N N Q w U C) 0 C . . • . O U Q N O N C) U O -W-i co O O Q E W C Q ii c O N w 0 Q N Q ~ Q U N a 'j cli Y _...`•a...~-,.'mow- i SL +-,c... p.,. a1Y > La :3 Cl) e S*7 ~ ar 0 a LA79S,.,,,,~-` O CR ~c~k of m m s x m w 0-0 2 x O ar r0 Q m ID m Q! O - y~' Y Ef a W r m 03 Cl Pr AORL 1II £L C1 CL 0 m S CL s ",tn h.,t, m a a r z) 0 j C: CO { m aC",b. Qr L H ul CID m rEu~Ai mmc3 c~m ~mro CL as Ens C to m c s O C. 3 'ma - r O CA ~-0 Q Q.N m 3 c O C, N>, (A t- 11 m W "0 C C `o « 3 m a~ m m a ct 6- as h- 3 LO U, 0 mm > ca mm T 3C -a m > 'O m m m t6 a3 O m c R~r C', Q 'O cm R4 C OT © > m a Q> 7 N w aT > o Vct in E 8 m O } U) -0 0.1c 0 (D i3 c w m O a~ o M° m E= a. m ~L c el a U @ c ar m- m m E A U- _m Y a ar E -0 ca 0) O C:C ) C~ tf = -0 in CL :3 (a CL - LO c iT Z 0 - N m ar -O Q ar -a E O N -0 42 , ~ a m L- Ca W= mwo OO CO = E m m a a~ Qo EA U mm a c V L N 3.a O C pre e3 0 E v o c 3 ®~3 of s O flS2 U a U O- ~z m WM>Q 0 m:1 v t v 3 c a Y w~ U(~ .nom acc~ooCyEmurm @c~0~o o3m,~~ ~mfb?~m '©ya~ O cad en 1=~ 3~ m O m 0C: ,E m_ a Q o M m COO N 1QE sarEELL mU >m ara 3 cO-C tL mEcEc2)E!OocmSmmm~~ 3ar3 ae m O 0 0 0 CL O o 3 m 5 0 O> 0 3 (U m E 6 :3 p .•w ~ 0 (D Suggested Lighting Option Susan Zoccola Artist Proposal City of Ashland, Gateway Sculpture September 2015 1300 Industrial Road. Unit #19 ^i San Carlos, CA 94070 L U M A S C A P Tel. 1-{650)-5954LIMA(58 -e Fax: 1-1650)-595-5820 Email: infocylumascape.com EPEE GALL 1-855-645-LUVAf56621 US' & Canada LS853LED Ingrade © IP68 IK10 ~ fit. os The LS853LED is a full katured, shallow depth Ingrade luminaire featirig lumen output and efficacy exceeding metal halide. This luminaire also features a urevmsaf r- " input driver (120.277 V), and measures only 7.1 itches (180 mm) deep (in direct burial format). The ability to aim this knninaire ensures the most efficient W delivery can be set according to the site conditions. Specifications Lamp source 16 W or 20 W LED tn~ , QWhite (4300 K typical) Warm white (2900 K typical( ■ Blue (470 run{ alter colors by request ■ RGB (consul factory for fug details) LS853LED Round Flush Cover UL classUication Suitable for wet locations Lumen Maintenance 85,000 hrs @ 25 °C (20 W only) (L70) control Protocol 0-10V ~y (optional, consul factory) RGB via DMX 1° 2T 27 IP rating IP68 Construction 316 marine grade stainless steel Insta9ation types Pre-Insta•ation Blockout Concrete pour, drive-over etc. Qirect Burial Lands, plairters etc. Drive-over With OptiClear° lens and pre-installation blockout (LS6052-K or LS6052-K-SP) Static bad raft 9 260 lb (4 200 kg) with OptiClear° lens and pre- installation blodcout (LS6052-K or LS6052-K SP) Impact rating IK10 with OptiClear° lens Standard irckaions Teflon coated fovea screws KiicroAntiLeach- wire entry Thermal cutout Anrbierrt operating 20 W -221 to 1221(-30 °C to +50 °C) temperature 16 W -22 °F to 104 °F (-30 °C to +40 °C) Surface honfwat re :5113 1 (45 °C) P6otometrics www.lumascape.com Any krrnake can beco m amt - take care **h appropriate use andpiweniciii WW',0umascape.con} C1893US Mar 13 - 2012 LS853LED Pre-Installation Blockout Ingrade V, icy Use LSE032 R°e Installa`io,l B!o :tut? Use LS6052-k,-S? The LS6052-K pre-installation kit (order separately) is a key aspect The LS6%2-K-SP pre-installation kit (order separately) is ideal for use of Lunnascape s approach to engineering high performance irgrade in applications where maximum tlexibilitir for the type and location of product The LS6052-K acts as a blackout, and is intended for branch circuit connections are required or where exact site conditions installation before the luminaire however it has other special functions. may be unknown. The LS6052-K SP is also for use with all applications To simplify the installation, every LS6052-K is supplied complete with requiring a color changing or dimmable lighting scheme. For use with a 4-way, PVC junction box, inside which the installer can make all the LS6052-K-SP, Lumascape provides the LS853L® complete with necessary connections, and allows the completion of all wiring even 6.5' of factory-installed hookup wire and a 1h' NPT adapter (complete before the luminaire arrives on site. This method also enures the with a MGcxoehtileach seal). This provides the installer with greater kmninaire itself is not damaged during concreting or other site works. flexibility to determine the type and location of the branch circuit Note: The junceert box remains servkcable after insu . To connection. This option is also 100% hard-wired, and does not feature complete the installation, Lumascape provides an IP68 connector, the IP68 detachable codlings for off-site maintenance. All aspects of enabling a toot-free final connection from the khminiare to the branch the krniniare itself we still fwd serviceable. circuit In addition, this connector is readily detachable, allowing for off-site maintenance. L i}rv E2 1~. Pre is-_! _.:i _~GOLIt V` - - IP68 Connector & Junction Box S*le Conduit Entry 0.5 inch NPT The luminaire is fitted with an IP68 connecter, which attaches For 0.5 inch conduit installation with WwroAntleach- directly to the cable suppler with LS6052-K, without the use of wire entry array tom. The cable is 1.8 It (0.56 m( in length, and is factory c/w 6.5 ft 12.0 m( hook-d wire. assembled with a 4 way junction box which remains field serviceable after installation. Not suitable for color chwging or dimmable apoicaoons - LensOptions Cover Options fin; Pre-Installation Blockout OFdCL Flush ravers for pre -installation use special Glass ofY bl seats and support bushes to ensure static bads up to 9 260 lb 14 200 kg) are properly supported. a or optical purity and bad In order to achieve this drive over rating, strength. Suitable for drive over applications. OpdCkar- or GripGlass- must be used. GripGlass- 010,3 in (262 mm~ OoClear- glass with ` slip reduction dazing process. Suitable for drive-over applications. - - ` Pr"abbbon Blockout Round Flesh Cover Borosiicate Glass SS316: Polished Brass: Polished g~.s~ t~ei1 Ideal for general use r SS316: Bnst►ech s Brass: Brushed areas. Not suitable for € drive over application. - - j-- wvAvfumascape.cam C1883US Mar 13 - 2€312 LS853LED Pre-Installation Blockout Ingrade Control Gear Cable Optical Body & Wire Supply Product I-* Lars Cover Entry System Depth Entry Voltage Code Cam Code Coro Cie Code Cade Code Cade LSMM L_I F-1 F-1 29 EQ LAMP OPTICAL SYSTEM Descrryrtion wa"e Color Code DescF*dm Beam Cie LED 16W White 1tW4 Adjustable Narrow 14-F-M I'll (4300 Ktyp.) Warm white Adjustable Narrow Medium 25° MM (2900 Ktyp.) 16HB Adjustable Medium 30° Mw Blue 1684 Adjustable Linear Horizontal 40° x 20° (470 ran) Adjustable Linear Verti al 20' x 40° LED 2O W White 20M "Notavailablef~11(~. (4300 K tVp.) NOTE: See beam onexaticn Japan. Warm white 2006 (2000 K typ.) BODY DEPfN Blue (470nm) 2984 Descrk*- Deplk Cade RGB 2=4 Suits pre-irrstall kit 11.0 inches (280 mm) 29 NGIT: For only body depths cor®dt factory. LENS Descripma Cede YAM ENTRY LOCATION OpiCb-- Very high optical purity A Lecama Cade and had strength Bottom ETJ Gr*Gkm- DpdClear- with slip reduction glazing G ' process SUPPLY VOLTAGE Barasilicate Ideal for general use Valdge Cede 7[ ui Glass areas 120V 60 Hz P13 Suitable for drive-aver. 277V 60 Hz Sol l err plot 12 Y 60 Hz or 12-24 V DC ' Not available for BC$. COYER of For apprnpiate transhma sizing rderto page 54 - 55 of the Lurrasr pe LED ratdog. Description Malarial Fin" Cade Round Flush Stainless Polished M Caner steel Brushed M Brass Polished L a . r a ^ t ^t i! Brushed K Cr, U r,1 o f c ) CONNECTION TYPE OR OR.. Deserlpme Cede LS6013 tswa LS6012 Sid louver Wall wash Wars Cm hatch l aroe 1P68 Canrrector & Junction Box M82 Single: Conduit Er" 0.5 inch NPT m Not suitahle far color changing or 6,,.. e t LSM52-Kregared-ofdarseparately. . reLSW52-11-SP requded-mdersepw&*, i. ) at •+WSGE LS691 Linear speeder leas Priuna6c Was 1 LLD (IUteraccessary stacbVolo Orlsmaybearaftle-consultFaclay vut 4whimascape.com G1883US Einar 13 - 2012 LS853LED Direct Burial Ingrade Why Use Direct naive Direct burial installation is ideal for landscaping areas or in locations where the depth is restricted. This type of installation also allows for maxim urn heat dissipation. The stainless steel construiction of the kwirore performs flawlessly in alkaline and acidic soil types, as well as c nicallyferb'Fzed landscapes- Cable Entry Options for Direct Burial Lens Oi:! Dns OptiCfear- Glass t t r ? Glass of very high P optical purity and load - strength. Ilk 0000 " glass with slip reduction dazing process. Armored Cable MC & Splice Box Single Commit Entry 0.5 inch NhF Armored cable 2 ft (0.6 m► provides protection For 0.5 inch conduit installation BoreSWCate Glass against damage to cable between hxrinaire and with MicroAnaeach° wire entry. Ideal for general 4 way splice box (included). Allows for loop c/W 6.5 ft (2.0 m) hook-up wire. use areas and areas in/ bop out and flexibility of rurrinaire pfacemermt. without pedestrian Actor suitable for cotor changing or damnable apprications. traffic. Side located entry only. Cover Options for Direct Burial Use recessed cover for installation in sal, Use flush carers for installation in fire finished surfaces such as granite and grass, pavers and other uneven surfaces marble. They can also be used in some suspended appCcations. The flush cow where no cover overhang is desired. will conceal gaps between the kxninaire and the surrounding surface. Recessed Cover Round Flush Cover Square Fhrsh Cover SS316: Polished N SS316: Polished SS316: Polished SS316: Brushed SS316: Brushed ti SS316: Brushed Brass: Polished Brass: Polished E Brass: Polished or 00~ ~ E 610.1 in rten) T0.1 in 1256 min) 69-5 in 1240 mm1 - 64.5 In 69.5 in (240 mm1 L I I 12401Im) f ~ I ! 7.01079 - 07. flAmm)! 67.o n~!178^m'' wAm,lumascap 13 - 2012 LS853LED Direct Burial Ingrade Contra( Gear Cable Optical Body & W]me SupPIV Product Lamp Lens Cover Entry System Depth Entry Voltage Code Code Cade Cade Cade Code gCode Code Cade 1.~ E ( 1 I~ I v F 0 LAMP OPTICAL SYSTEM Description Wattage Color Cade Description Bean Csdie LED 16 W White 16W4 Adjustable Narrow M° N rc (4300 K typ.l Warm white Adjustable Narrow Medium 25° NM (29W Ktyp.) 16H6 Adjustable Medium 30° M Blue Adjustable Linear Horizontal 40° x 20° LH 1470 runt 1684 Adjustable Linear Vertical 20°x40°LY LEO 20W White 2OW4 I" Nat available for RGB. (4300 K typ.) NOrE: See beam orienmban dagan. Warm white am (29W Ktyp.l BODY DEPTH Blue 20B4 Descriptisa Dg1Y Cm1e (47a mnl RGB 20M4 Direct burial 7.1 fiches (180mm) NOTE: For adra body depths cmAUhfactmy. LENS WW ENTRY LOCATION Description Csu4 Lscafwa Cede OptiCkar° Very high optical purity A Sid and load strength Bottom Ma GripGlass° OptiClear° with slip reduction glazing G SUPPLY VOLTAGE process Yalta6e Cols Barosigcate Ideal for general use X Mass areas 120 V 60 Hz 4(11 277 V 60 Hz So) COVER 12 V 60 Hz or 12-24 V DC 13 ar m Not arailaMe W RGB. DeseroWn Material Frmi Cale m For Melon- Siang refer to page 54 - 55 afthe Lu ascape LED catalog Recessed Stainless Polished B Cover steel Brushed R Brass Polished E Round Flush Stainless Polished Cover steel Brushed 1 Stacking and order of accessories Brass Polished s ~ ~ »ry Square Flush Stainless Polished U the with recessed covers orYy Cover steel ~ ed Y LS" Not table Hrae it traffic areas ~V Brass Polished T i { CONNECTION TYPE Description Ceio W Armored Cable MC & Splice Box Alm [56613 1S668 150012 Single Conduit Err" 0.5 itch NPT 62 Sid bwaer 1141 wash bans Goss hatch louver nr Not suitable for color dw%ing or dimmable apphaaorrs s Side boated we army only. - s L5655 L5691 Linear sprearlw fens Tkematic lens j g LED Other ac esmrysMck#Woptionsmaybe-aft* -rtekcMq v7mro.lumascape.com C18831US Mar 13 - 2012 LS853LED Photometrics Ingrade FiiC 01-1 ieiilCS Photometric data is based on test nets from an independent MIST traceable testing lab. IES data is available at www1umascapexam. Alote: At tioloecmnorr factor is applied to the data shown. Polar Candela Distribution Illuminance at a Distance LS853LED 17W C N C 15° C 3W C 45° C W CM C W ft Center He®n is Beam B 4300 K swx T~ Sr a a a 0 a 0 a top 5 227.3 2 ft r.1 . 1118° 0 a 0 0 0 a 0 4262 - 110, a 0 0 a a a a 10 56.8 4 ft Power k,ptlt 21 W 1301 128° 0 0 0 0 0 a a 1265 15 25.3 7 ft Lumens 28417- y tnp Or 7 5 5 4 4 6 7 l Eficacy IrttMy , , MW 23 25 26 25 23 21 22 25 9.1 lift tii 1101 160° 755 148 146 144 145 145 762 30 6.3 13ft To approximate warm white 1421 data, multiply by 0.84. Befier 150° 1001 997 961 953 961 964 956 web site for ES fihsfiaall ...'i' 40 3.6 loft. _ _--i--~ 170° 3573 3543 3518 3498 3475 3475 3493 color temperatura - _ sw 1W 5682 5582 5682 5692 5682 5682 5682 59 2.3 22 ft ■CfP - - Polar Carla Distribution Illuminance at a Distance LS853LED 4300 K 17? Cr Cis C3W C45° C58° C75° CSW ft Cade Bemk BewaB 'i 1601 9r a a 0 0 0 a 0 T50' 5 153.3 a ft 'i'J 100' 0 0 0 0 0 0 a ,401 1A4 118° 0 0 0 0 a 0 a 10 38.3 5 ft Power input 21 W 131F 120° 0 0 a 0 0 0 0 15 T7 oft Lumens TT37 Isis T21P Or 12 IT 9 7 8 9 11 H6cacy 541rtyW sue` .r i MW 43 46 50 52 52 48 43 25 6.1 i3ft % Ta approxirre0e warm whiff grid ` 1tQ 15° 206 204 204 209 210 299 219 30 4.3 16 ft data, malady by 0.84 Bela % Y~ tsao Mr 881 874 853 849 865 897 923 web site W ES files for as 49 24 21 ft mlor aemgeatures. 170° 2495 2463 2439 2435 2452 2489 2554 • C4F V 150° 3832 3832 3832 3832 3832 3832 3832 59 15 27 ft Pear Candela Distribution Illumiriance at a Distance LS853LE3 1701 Cr C1, CMr C46 C60° aAr CW a Center Be=W Beasti. 4300 K 3510 - 1av !9° a 0 o a 0 0 a BwtnI 5 140.4 2 ft O ft 20' X 40 Beat j! I~ Mir 1W a 0 0 a a a 0 t,J c! 2533 110° 0 0 0 0 0 0 0 18 35.1 Oft 7ft 13V 120° 0 a 0 0 a 0 0 t5 156 5 ft lift Power input 2F W 17% ! 120° 130° 10 9 8 8 13 21 28 25 5.6 S ft loft Lumens 1126 ,Yl'~ Mr 20 21 26 44 92 T32 138 `x`~ tta tsr 89 101 130 199 325 479 541 39 19 11 ft 22ft ff-CY 878 541rrY1iV ,1101 150° 565 593 697 888 1149 T477 1582 "IT, 40 2.2 /oft 29ft applvxirr~e warm wltioe i%''! { 17W 2073 2118 2252 2460 2714 2862 2905 data, mdb* by 0.94. Befer web site for ES files for al ■Ga^... MC-off - 150° 3510 3510 3510 3510 3510 351a 3510 50 L4 i9ft 36ft color temperatures BPG'~' ~IIIG 'J'.'IJ i Beam LkretNasyon Lieam fhl8titdIIflft for fine °Lr optical for the "Lff' Wficaf Swem Swem I - - - - - - vvvvsv.Iltmascape.com C1883l1S Mar 13 - 2012 Gateway Island Public Art Project Citizen Selection Panel Christian Burchard is a professional wood turner and wood sculptor. He received his education at the School of Museum of Fine Arts in Boston and Emily Carr College in Vancouver, BC. His work has been widely exhibited in galleries throughout the US as well as in major exhibitions in London, Paris, Geneva, Moscow and Dubai. Amy Blossom is Branch Librarian at the Ashland Public Library. She holds an MSLS in Library Science, and her work experience covers 40 years as a corporate librarian for the Bank Marketing Trade Association in Chicago, a university librarian at the University of Northern Colorado and as librarian with the Jackson County Library Services. Allison Renwick, a retired art historian, holds a BA and an MA in Art History from the University of Oregon. She taught art history, drawing and painting for over 29 years, primarily at Portland Community College. She is now a volunteer instructor teaching art history at Osher Life Long Learning (OLLI) in Ashland. Bruce Bayard, an artist, graphic designer and web developer, served on the City of Ashland Public Art Study Group in 2002 and on the first Public Art Commission from 2003-2006. His electronic collages have been exhibited in galleries in Oregon, California, and Washington, and his work has been honored with Purchase Awards and Best in Show designations. Erika Leppmann, Professor of Art (Photography), joined the Southern Oregon University faculty in 2002. She holds a BFA from the University of Oregon in graphic design, and an MA and MFA from the University of New Mexico in Photography. Ms. Leppmann recently served as Interim Director of the Schneider Museum of Art. John Davis, -a professional retail store planner and designer and owner of Davis and Cline Gallery, holds a BA from the University of Massachusetts and a BS from the Boston Architectural Center. He served two terms as President of the Ashland Gallery Association. Scott Fleury, Engineering Services Manager for the City of Ashland, has a background in civil engineering and project management. He oversees the planning, design, contracting and inspection of complex public infrastructure projects. Among his many duties, Scott reviews construction documents and plans prepared by private engineers in accordance with applicable rules and regulations. CITY OF ASHLAND Council Communication January 5, 2015, Business Meeting Options to Move Forward with UPRR and DEQ FROM: Dave Lohman, city attorney, lohmand@ashland.or.us SUMMARY At the Council study session on October 6, the Council directed staff to develop options for achieving full-site remediation of the UPRR's railyard property with soil removal by rail and as little environmental risk and community disruption as possible. BACKGROUND AND POLICY IMPLICATIONS: In August of 2015, the City asked UPRR to conduct a full-site remediation of the former railyard using rail, rather than the partial cleanup UPRR was planning for summer/fall of 2015. UPRR agreed to work towards a full-site remediation if the City would agree to modify a 1999 deed restriction on the property. In November 1999, the City placed a deed restriction on the UPRR property requiring that it be cleaned to Residential remediation standards prior to further development or division of the property. Because a deed restriction "runs with the property," it applies even to discrete subdivisions of the property established after the approximate 20 acres parcel has been generally cleaned to DEQ's Residential standards. The deed restriction means that (1) unduly high concentrations of contaminants ("hotspots") must be remediated to DEQ's Residential standards; (2) the entire parcel must be remediated to DEQ's Residential standards as an aggregated unit (that is, the average statistically estimated concentration of contaminants must be below the maximum allowed for residential use of the property); and (3) when the UPRR property is subsequently sold and subdivided, each subdivided parcel must be remediated to DEQ's Residential standards even if the parcel is to be developed for light industrial or commercial use or partially capped with asphalt for use as a street or parking area. From what staff has been able to determine, the intent of the 1999 Council that imposed the deed restriction was that the Residential cleanup standard should be applied to the UPRR railyard property as a whole, but not necessarily to each future subdivided parcel without regard to how the parcel would actually be used. The property is currently zoned E-1 (employment), with a residential overlay. The residential overlay allows for a maximum of 15 residential units per acre and requires at least 65% of ground floor buildings to be dedicated for commercial uses. At the Council's October 6 study session on this matter, representatives from the Oregon Department of Environmental Quality (DEQ) and a representative from CH2MHILL, the remediation contractor for Union Pacific Railroad (UPRR), provided information to the Council. Page 1 of 4 IrMiall CITY OF ASHLAND Greg Aitken of DEQ explained that due to the low-risk contaminants on this property, cleanup of the railyard site is voluntary - meaning DEQ cannot compel UPRR to take remediation action. To undertake full-site remediation, UPRR would have to get DEQ approval, which would entail cleaning up the worst hotspots and then bringing the entire parcel as an aggregated unit into compliance with DEQ's Residential standards. This initial full-site remediation would also comply with the City's 1999 deed restriction. Prior to deciding whether to approve a UPRR remediation plan for the whole site, DEQ would host a public meeting in Ashland to address questions and suggestions about the plan. Approval or disapproval of the plan would have to be based on substantive scientific criteria. Absent the City's deed restriction, upon completion of the initial full-site remediation to Residential standards, UPRR could sell the property to a buyer intending to develop it in separate subdivided parcels. In that event, DEQ would evaluate the site data and site risks for each parcel and require the new property owner/developer(s) to remediate each parcel consistent with its proposed use. The required remediation level for each parcel would be based on anticipated exposure to contaminated soil. For example, a subdivided parcel to be used exclusively for residential purposes would have to meet DEQ's stringent Residential cleanup standards. A subdivided parcel to be used exclusively for light industrial or commercial purposes would be subject to somewhat less stringent Occupational cleanup standards. A subdivided parcel to be used for a mixed commercial/residential development would likely have to meet a variation of DEQ's Urban Residential cleanup standards, which are not quite as stringent as the Residential standards but more restrictive than the Occupational standards. If the use of a parcel were to change over time for example if a property owner wanted to convert a parcel from exclusive commercial use to mixed commercial and residential use DEQ would conduct a reassessment of the contaminants, determine risk levels, and require the property owner to remediate the property to standards appropriate to the new uses. At the October 6 meeting, Mark Ochsner of CH2MHILL, representing UPRR, outlined the three possible scenarios for UPRR's actions at the railyard: 1) full remediation per DEQ standards using rail to remove contaminated soil and truck to bring clean fill to the site; 2) partial cleanup per DEQ standards using trucks for both contaminated soil and clean fill; 3) no remediation, leaving the property as is. Mr. Ochsner said UPRR would prefer to implement scenario 1 and then sell the property. However, the City's current deed restriction is a barrier because it requires cleanup to Residential standards even for future subdivided parcels that may not be used for residential purposes. Potential buyers/developers are put off by lack of consistency between the deed restriction and DEQ's remediation requirements and by the unwarranted financial burden of having to remediate each parcel to Residential standards even if the contemplated use for a particular parcel is commercial, mixed-use or light industrial. At the conclusion of the Council's October 6 study session on this matter, staff was directed to develop options for achieving full site remediation of the UPRR's railyard property in full compliance with DEQ's requirements, with soil removal by rail, and with as little environmental risk and community disruption as possible. Options Page 2 of 4 1W r, CITY OF ASHLAND 1) Delete the current deed restriction. 2) Replace the current deed restriction with one that references applicable DEQ standards, such as Development of individual parcels must be remediatod in conformance with the DEQ risk standards for the actual uses of the parcels and the contaminant concentrations thereon. 3) Replace the current deed restriction with one that requires the full site and any subdivided parcels to at least meet DEQ's Urban Residential remediation standards. a. Note: This would mean that on any subdivided parcels, DEQ Residential remediation standards would be applied for any exclusively residential uses, and any other uses, including light industrial and commercial-only uses to which DEQ's Occupational, remediation standards would normally apply - would instead be subject to the more stringent Urban Residential standards. This would likely deter at least some potential buyers/developers because of concerns about regulatory uncertainty and because it could make light industrial and commercial-only development financially infeasible. This burden on the marketability of the property conceivably could affect UPRR's willingness to undertake full-site cleanup in 2016 instead of proceeding with the partial cleanup previously planned. Keeping the current deed restriction in place was not one of the options Council directed staff to explore, although Council could, of course, choose that option. Imposing DEQ's Residential remediation standards even on subdivided parcels of the railyard would likely result in only a partial cleanup in 2016 using trucks only and about 16 unusable acres of property in proximity of downtown for an indefinite number of years. It would also likely inhibit any mixed use, commercial-only or light industrial development on the site and achieve no discernible health or environmental benefits. Next Steps If the Council decides to remove or modify the deed restriction, it would need to initiate a Type II planning action (see attachment). If the modification is approved, an Agreement between the City of Ashland and Union Pacific Railroad will be drafted. The Agreement would detail the City's expectations of UPRR, including but not limited to a full site remediation using rail, deflection testing of Clear Creek Drive and Oak Street prior to remediation, and compensation for the cost of repairing both streets at the end of the project. It would also include a commitment by the City to finalize the agreed-upon deed restriction language and file it with the County Clerk. Timeline It could take up to four months for the Agreement to work its way through the UPRR legal review and a month or more for the City Council to approve the final Agreement. If this process can occur by May or June, UPRR has indicated that full remediation could begin in late September of 2016. Discussion Questions 1. Should the railyard be cleaned up and be allowed to be developed for beneficial use? 2. Should Council modify the deed restriction in order to to get UPRR to perform railyard cleanup in one round over several months in the late summer and fall of 2016, or should Council maintain the deed restriction as is, thereby making it more likely that railyard cleanup will occur piecemeal in accord with UPRR's priorities? Page 3 of 4 RE CITY OF -ASH LAN D 3. What is the best option for achieving full-site remediation of the UPRR's railyard property with soil removal by rail and as little environmental risk and community disruption as possible? 4. Apart from providing greater clarity, would adopting Option 2 differ in terms of actual impacts from adopting Option 1? 5. If Option 2 were adopted, could the City count on UPRR to conduct the cleanup in the late summer and fall of 2016 using rail for transport of contaminated soil and at no cost to the City? 6. What would be the likely outcomes of adopting Option 3? a. Would reservations about its impact on marketability of the property cause UPRR to again defer full-site cleanup indefinitely and opt for partial cleanup using trucks only? b. Aside from making light industrial and commercial-only development at the railyard even more unlikely, would adoption of Option 3 serve any purpose not achievable through Option 2 given that new light industrial development in the railyard site is already unlikely due to the Transportation System Plan street layout for the railyard and the Detail Site Review Overlay requirements already in effect? COUNCIL GOALS SUPPORTED: Environment 13. Develop and support land use and transportation policies to achieve sustainable development. 13.2 Develop infill and compact urban form policies. Economy 19. Ensure that commercial and industrial areas are available for development. 19.2 Evaluate the prospects for the redevelopment of the railroad property. People 5.2. Support and promote, through policy, programs that make the City affordable to live in. 5.2.a Pursue affordable housing opportunities, especially workforce housing. FISCAL IMPLICATIONS: There are no noteworthy near-term fiscal impacts. Future development of the railyard site could yield significant economic activity and City tax revenues. STAFF RECOMMENDATION AND REQUESTED ACTION: Approve Option 2. SUGGESTED MOTION: I move to direct staff to prepare, file, and seek approval of an application for a Major Amendment to modify the condition of approval in PA99-048 concerning a certain deed restriction such that the deed restriction confirms to Option as presented in the January 5, 2016 Council Communication titled "Options to Move Forward with UPRR and DEQ, and to negotiate with Union Pacific Railroad to develop an agreement concerning full-site remediation of the railyard property as soon as possible utilizing railcars for transporting contaminated soils. ATTACHMENTS: Background on Revising Railyard Deed Restriction Page 4 of 4 BACKGROUND ON REVISING RAILYARD DEED RESTRICTION On October 12, 1999, Planning Commission approved PA99-048 (lot line adjustment and land partition, including the construction of a new public street and public alley system) with the follow condition: 9) That a deed restriction be placed on the remaining 25 acres (approximately) precluding further "development" or land divisions until the property has been cleaned to residential standards. Written compliance with these standards shall be provided to the City from the Department of Environmental Quality (see survey plat) To amend the condition: • City Council initiates a Type II planning action by motion to direct staff to prepare an application for Major Amendment - Modification of a condition of approval. • Planning Commission reviews the request at a public hearing and makes a decision. • City Council may call up any decision of the Planning Commission, providing it takes place in the required appeal period. • If Council calls the PC decision up for review, Council makes the final decision. • Any appeal goes to LUBA. CITY OF -ASHLAND Council Communication January 5, 2016, Business Meeting Request to Extend City Water Service Outside of City Limits FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: The City has received a request from John Chmelir of West Jackson Properties, LLC, to connect to the City's Talent-Ashland-Phoenix (TAP) water line in order to get water for the fire suppression system in a 44-bed residential care facility he plans to build at Valley View Road and Highway 99. The location of this facility is outside the city limits but within the urban growth boundary. Plans for the facility have been approved by Jackson County, subject to meeting fire suppression requirements. A connection to City water outside the city limits must meet the criteria in AMC 1.04.060 (Water Connections Outside City Limits) and requires authorization by Council resolution. BACKGROUND AND POLICY IMPLICATIONS: Ashland has historically not allowed the extension of urban services outside of its city limits. Such extensions allow properties to receive municipal services and develop urban-style uses without having to conform to City development standards, thus becoming non-conforming uses if or when these properties annex into the City. Such properties do not pay City taxes and fees as other users of municipal services do. With regard to water service, the City Charter states that "[Any] and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of." It is unknown as to whether this language was intended to prohibit the sale of water to persons who are not inhabitants of the City or whether it was intended to prevent the sale or disposition of the City's water works. However, in 1997, the City Council adopted Resolution 97-27 to clarify the City's position with regard to this Charter provision. In 2010, the Council adopted Ordinance no. 3029, which codified the criteria in Resolution 97-27 in AMC 14.04.060. AMC 14.04.060 reads as follows: A. No premises located outside the City of Ashland may be connected to the city water system except as provided herein. B. Premises outside the city may be connected to the city water system only as follows: 1. Connections authorized by the council prior to June 18, 1997. 2. Connections authorized by the council for city or other governmental facilities. 3. Connections authorized by resolution of the council where the council finds: i. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. ii. The applicant secures, in writing, a statement from the Environmental Health Division, Health Page 1 of 5 1r, CITY OF ASHLAND Department, Jackson County, Oregon, that the existing water system for the premises has failed. iii. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. iv. An Ashland water main or line exists within 100 feet of the premises. v. The connection is to premises within the city's urban growth boundary. C. Connections authorized under section B.3. above shall be made only upon the following conditions: 1. The applicant for water service pays the water connection fee for connections outside the city and the systems development charges established by the City. 2. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. 3. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. 4. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. D. The requirements of this Section are in addition to, and not in lieu of, land use approvals and authorizations necessary for extra-territorial extension of water service required by Oregon law. E. A violation of any provision of this chapter shall be punishable as a Class I Violation as set forth in AMC 1.08. John Chmelir ("the applicant'), manager of West Jackson Properties, LLC, has received Jackson County planning approval to build a 44-bed residential care facility on vacant land at the intersection of Valley View Road and Highway 99. The property is outside the city limits and within the urban growth boundary. The applicant first approached City staff last year with a request to connect to the TAP line for both domestic and fire suppression purposes. He has since modified his request to include water for fire suppression only. (The Municipal Code does not differentiate between water for domestic purposes and fire suppression purposes. It only references "connections to the City water system.") The applicant argues for approval primarily on the basis of the project being in the best interest of the City. In a letter to the Council that was included with packet materials for the December 14, 2015, study session, the applicant notes that Ashland has a mutual aid agreement with Fire District 5 and that Ashland firefighters could be first on the scene to a fire at this new facility. The applicant suggests that Page 2 of 5 IFAWA CITY OF ASHLAND a connection to TAP for a fire suppression system would establish a safer situation for firefighters and is therefore in the City's best interest. The complete text of the applicant's letter is attached. The proposed connection meets criteria (iv) and (v) of AMC 14.04.040.B.3. The property is within 100 feet of a City water line and it is in the urban growth boundary. In staffs judgment, it does not meet criteria B.3. (ii) and (iii). The water system on the property has not failed and will in fact be used for domestic purposes. Whether the project is in the City's best interest is a judgment call for the Council, however staff is concerned, based on input received from RH2 Engineering, that the connection may be detrimental to the City's water facilities and therefore not compliant with criterion B.3. (i). The applicant has suggested in his communication with the City that it is arguably impossible to meet the criterion of "the water system cannot be feasibly repaired or improved and there is no other feasible source of water for the premises," since water can always be trucked in, and that water was extended to a property outside the city limits in 2007 without a statement from the Jackson County Health Department that the existing water system on the premises has failed. Such an argument presents a false alternative since, in fact, he otherwise admits that he can construct a large holding tank to provide water and pressure for a sprinkler system. This may be a more expensive alternative, but that does not make it infeasible. Arguably as precedence, in 2007, the City did in fact agree to extend water service to a residence outside the city limits but inside the urban growth boundary. That property was contiguous to the city limits on its north and east sides and a City distribution line was located on the same side of East Main Street as the house. The property owner had drilled a well to a depth of 700 feet and constructed a holding tank on the property to provide the necessary volume and pressure. The well was unable to produce enough water to keep the tank full and the property owner was forced to truck water in from a private water provider. We are unable to find in our files a statement from Jackson County, however staff at that time recommended and the Council agreed to extend water service pursuant to a number of conditions, including that the applicant pay for all necessary improvements, that the applicant agree not to subdivide her property and that the applicant sign and record a consent to annexation. Whether this action establishes a precedent that must be considered by the Council is a judgment call the Council must make. However, particularly with the advent of drought conditions and climate change, which is being accepted as permanent, other parties seeking an expedient water source in the future may well cite approval of this request as precedence for entitlement to City water without annexing. Regardless, there appears to be major differences between the 2007 request and the request that is now before you. However, each request is properly considered on a case by case basis, regardless of similarity or difference to prior requests. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: N/A. Should Council approve the applicant's request, he would be responsible for all costs associated with connecting to City water. Page 3 of 5 ~r, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends denial of the request to connect to City water for the following reasons: 1. As stated above, such an extension facilitates urban-style development within the City's urban growth boundary that does not comply with City development standards. 2. The applicant has the alternative of constructing a large holding tank. This may be a more expensive alternative, but that does not make it infeasible. Presumably, the applicant decided to proceed with this development knowing it probably would have to include an expensive holding tank and now seeks to have the City solve this problem by establishing an exception to its rules. 3. Deeming the requested connection to be in the City's best interest establishes a precedent that the definition of "best interest" is whatever development a majority of the Council looks upon with favor at one point in time. Staff believes it is the intent of the code provision that "best interest" be considered in conjunction with and not apart from the other criteria in the code. (Would an affordable housing development, a homeless shelter, a drug treatment facility, an Oregon Youth Authority home for adjudicated youth and dozens of other land uses outside the city limits not also fulfill a need that is in the City's best interest?) 4. The use for which an exception is requested may change over time. While the development that is now contemplated would at least arguably serve a public interest, it also would certainly serve a private interest. If the intended use of the facility becomes financially infeasible, the private interest may dictate a change to a use that is more profitable without providing much public benefit. 5. The City's contracted engineers at RH2, the designers of the TAP line, have recommended that no connections be allowed without further detailed analysis of the long-term utilization of the line. RH2's December 4, 2015, letter on this subject is attached. Should the Council wish to grant an exception to the Code and allow this connection, it will have to make findings justifying why it chooses not to follow its own law or direct staff to draft an amendment to the ordinance that will either allow this select connection or dispense with the ordinance provisions that are problematic to its approval. Staff recommends that if the exception is granted, the connection be subject to the following conditions: 1. The applicant agrees to modify his development plans to comply with City development standards. 2. The applicant constructs a distribution line from within the city to his property and connects the fire suppression system to the distribution line rather than the TAP line, which is a transmission line. 3. The applicant agrees to use City water for the sole purpose of providing pressure to a sprinkler system in a residential care facility until such time as the property is annexed into the City. 4. The applicant pays all costs associated with connecting to the City water system, including systems development charges. 5. The applicant agrees to disconnect from the City water system if the use of the property changes and the property has not been annexed into the City, and that the applicant shall pay all costs associated with such disconnection. 6. The applicant provides a consent to annexation, allowing the City to annex the property at such time that it becomes contiguous to the city limits, along with a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. Page 4 of 5 ~r, CITY OF ASHLAND 7. The property owner executes a contract with the City providing for compliance with items 1-5 above, and agreement that failure to perform any financial duties therein shall automatically become a lien on the property. A memorandum of the contract is to be recorded in the County deed records with the cost of recording to be paid by the property owner. SUGGESTED MOTIONS: I move to deny the request from West Jackson Properties, LLC, for a connection to the City water system outside the city limits. -OR- I move to direct staff to draft a resolution for Council consideration that approves a connection to the City water system by West Jackson Properties, LLC, for its property at Highway 99 and Valley View Road, subject to the following conditions: [List all that apply.] -AND- I move to direct staff to prepare for Council consideration, code amendments to: • Amend AMC 14.04.060 to allow connections to City water for fire suppression purposes only. or; • Amend AMC 14.04.060 to allow connections to City water for both fire suppression and domestic purposes when it is in the City's best interest, subject to conditions. or; • Create a variance procedure in AMC 14.04.060 that spells out conditions under which the City will grant exceptions to the existing criteria. ATTACHMENTS: 1. Letter from RH2 Engineering regarding connections to the TAP line 2. Letter from West Jackson Properties, LLC, as included in December 14, 2015 study session agenda packet 3. E-mail from John Chmelir, West Jackson Properties, LLC, December 18, 2015 4. Letter from John Chmelir, West Jaskcon Properties, LLC, December 30, 2015 5. Department of Human Services market study 6. Assumptions and calculations, 65 and older 7. Fire District 5 letter, December 28, 2015 8. State Fire Marshall letter, December 29, 2015 9. Site Plan Page 5 of 5 ~r, RE N E E R S N N E R S N T I S T S RI-12 ENGINEERING, INC. December 4, 2015 www.rh2.com mailbox@rh2.com 1.800.720.8052 Mike Faught Public Works Director City of Ashland WASHINGTON 51 Winburn Way LOCATIONS Ashland, OR 97520 BOTHE LL (MAIN OFFICE Sent Ilia: Email 22722 2911 Drive SE, Suite 210 Bothell, WA 98021 Subject: Connecting to the TAP Transmission Facility 13FL.I"INGHAM Dear Mike: EAST WENATCHEE The TAP Intertie project was constructed during the summer of 2014 during the ongoing ISSAGIUAH drought to provide a supplemental water supply to the City of Ashland. The TAP facility was not designed to provide water service to any customers along the new alignment from the RICHLAND intersection of Creel Road and Rogue Valley Highway 99, to the terminus of the TAP line where it ties into the distribution system near the intersection of North Main and Rogue Valley TACOMA Highway 99. The project scope did not include evaluating this facility to be used as part of the future distribution system for the City of Ashland. OREGON Per your request RH2 has completed a cursory evaluation of the opportunities and challenges LOCATIONS associated with utilizing this line to provide fire service or domestic service to properties between the connection and the terminus of the existing transmission main. RH2 has not NORTHERN OREGON MAIN OFFICE completed a detailed analysis at this time and recommends that this area be analyzed as part 6500 SW Macadam Ave. Suite 125 of the upcoming water master plan update to verify all assumptions and options for this Portland. OR 97239 region. SOUTHERN OREGON Due to very high operating pressures in the transmission line from the TAP pump station to Medford the terminus of the transmission line it is recommended that separate distribution piping be installed in this region if the City is going to supply water to this area. Future distribution pipes and appurtenances that operate at standard pressures should be installed. At this time RI-12 would not recommend allowing connections to the line where pressures exceed 180 psi. It is further recommended that if this area becomes part of the area served by the City of Ashland that a distribution pipe network be analyzed and planned for the area so the City can establish the proper location of a pressure reducing station that controls the pressures experienced in this region. The section of the transmission line that was installed between the Talent and the pump station has pressures between 40 psi and 80 psi depending on the location being evaluated. In close proximity to the pump station, on the suction side of the pump station facility at West 12i04/15 3:23 Pdl %:'}113ochclP,,D m' C0A,10I4.033';Corrc~pondcnce`,Conncction. "fo 'I'ra.umissum mwi.doc. ON Mike Faught December 4, 2015 Page 2 Jackson and Highway 99, the water pressure varies between approximately 40psi and 60psi depending on the state of the pumps at this location. It is recommended that the best long term solution would be to serve the entire City of Ashland Urban Growth Boundary area below the railroad tracks with one pressure zone. This zone would be controlled by a pressure reducing station and be served by the Granite pressure zone to give the City the ability to provide constant system pressure at a controlled level. One additional challenge to consider is that the final use of the TAP facility has not been fully evaluated. RH2 evaluated other options during the design of the TAP inttrtie such as the ability to pump water from the TAP pump station up to the Crowson pressure zone. This was not the selected option at the time for various reasons, one of those reasons was extremely high discharge pressures and very low suction pressures. Allowing the use of the existing transmission facility as part of the distribution system could limit the long term options of the facility. In conclusion it is not recommended to allow connections to the TAP transmission facilities without further detailed analysis which includes determining the long term utilization of the facility to avoid unnecessary future costs and challenges within the City system. Sincerely, RI-12 ENGINEERING, INC. Jeff Ballard, P.E. Southern Oregon Regional Manager -033`tt-orrespoodenee`,.Conncetions To Transmi~~ion m;dn.does 1?'Oi; li 3:23 PM Zelllothell'~ Data', C0,10014 West Jackson Properties, LLC 1840 East Barnett Rd, Suite "G" Medford, OR 97504 Mayor Stromberg and Ashland City Council Mr. Dave Kanner 20 East Main St. Ashland, OR 97520 RE: December 14, 2015 Council Workshop: Extension of City Water Service Outside of City Limits. I am John Chmelir, Manager of West Jackson Properties, LLC the owner of the property between Lithia Springs Inn and TC GM, at the corner of West Jackson Road x Highway 99, across from West Valley View. I have made a request for connection to the new TAP waterline. Your work session on December 14 will to study the issues around water hookups within the UGB. This communication is to add information to that general discussion. However, in many instances, it is convenient to use my request to illustrate various facets of that issue, at least how they pertain to me. Because of my use of that illustration it is useful to make clear the actual request. We have Jackson County Planning approval for a 44-bed Residential Care Facility with endorsement as a memory care facility to be constructed on the land. Briefly we will provide a secure and dignified living environment for residents afflicted with Alzheimer's disease and other dementias. The City of Ashland purchased an easement from us to construct the TAP Pumping Station. As part of the purchase contract, the City agreed to construct a fire hydrant adjacent to the pump station, about 200' from the proposed building. Our request would simply install a "TEE" in that fire line serving the hydrant and construct an 8" ductile iron line to another hydrant close to the building. We would install a 4" tap into the fire line running into a concrete vault containing all the necessary backflow prevention devices, and then further connect to the building fire suppression (sprinkler) system at the Fire Riser Room. The connection would be specifically to supply the fire sprinkler system that would employ during a fire emergency. That line would eliminate the need to construct a tank of between 40,000 and 45,000 gallons constructed somewhere on the site. That would provide fire flow to the sprinkler system for 30 minutes. The required tank capacity was calculated by a formula provided to us by the State Fire Marshal and the Jackson County Building Department. Water weighs 62.4 pounds/cubic foot. Each foot of elevation on a column of water adds about 0.43 pounds of pressure. A good operating range is 50 - 80 psi, with 65 psi as the optimal. So for an elevated tank we'd need legs 150' tall at the bottom of the tank. The tank would likely need to be about 20' in diameter and 17' tall plus about a foot of freeboard. The only good news is that it would be an iconic definition of the site. West Jackson Properties, LLC 1840 East Barnett Rd, Suite "G" Medford, OR 97504 DISCUSSION: In all cases official language is in italics and discussion is not. CITY CHARTER ARTICLE I - Name and Boundaries Section 3. Boundaries. The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to modify them.... It is clear that the Council of the City of Ashland and the State of Oregon have all officially adopted the City of Ashland Urban Growth Boundary. The property in question is within the UGB. ARTICLE 11- Powers Section 1. 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. If not prohibited in the Charter and if lawful then The City can implement whatever policies it desires. The Council has the power to decide this issue. ARTICLE XVI - Miscellaneous Provisions Section 1. Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. There is established, precedent of using City Water to fight fires within the UGB. Even before the City agreed to install a fire hydrant on our property, it did indeed install fire hydrants along the TAP route, the presumed use would be for fighting fires with the water in the line. Likewise even before the TAP line was built it was established procedure and practice within the UGB that during a fire emergency Fire District 5 would set up a collapsible tank from which it would draw water to fight the fire. The tank was to be filled from the closest hydrant by means of truck tankers. Indeed the entire procedure was explained to me when Fire District 5 and the City of Ashland used the incineration of El Tapatio and Mr. C's as a training exercise. At the time the closest West Jackson Properties, LLC 1840 East Barnett Rd, Suite "G" Medford, OR 97504 hydrant to the site was Ashland's hydrant just toward Ashland from the Rail Road Bridge. The precedent might have been established by law or regulation, or inadvertently by intergovernmental agreement, but the use of Citv owned water to fight fires is clearly an established practice. STAFF'S SUGGESTED OPTIONS 1 would add as a seventh option for the City to enter into an intergovernmental agreement with Jackson County to assume control of Development within the UGB and provide City services throughout the UGB. Some cities in Oregon have taken control over and administer all planning, development and construction issues within their Urban Growth Boundary, primarily to cause that growth to conform to current urban rather than rural standards. For example, since the late 1990's Grants Pass has controlled every planning decision and issued every construction permit within its UGB. Every planning approval requires the petitioner to sign a Service and Annexation Agreement that requires consent to annex upon the City's request and obligates the property to pay to the City the difference between County and City Taxes each year in a similar manner and with the same authority as any other tax billing. MUNICIPAL CODE Section 14.04.060 Water Connections Outside City Limits B. Connections authorized by resolution of the council where the council finds: i. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. "BEST INTEREST" ANALYSIS The City of Ashland has "Auto-Aid" and "Mutual Aid" agreements with Fire District 5. Those agreements require that Ashland immediately respond with Ashland fire personnel and equipment to assist Fire District 5 attacking the fire. Given distance realities it is likely that Ashland's fire truck would be the first on the scene. The first truck's fire fighters enter the building to assist in the evacuation. So in a real sense a Fire Suppression System hooked up to a reliable and continuous source results in a safer situation for City of Ashland fire fighters because they would likely be first on the scene and into the building. Fire District 5 Chief Darin Welburn and Deputy State Fire Marshal Michelle Johnson both have endorsed the dedicated connection as the most reliable and safest way to protect the fire fighters, residents, and property at the site. Ashland's Fire Marshal may have an opinion. West Jackson Properties, LLC 1840 East Barnett Rd, Suite "G" Medford, OR 97504 Without the dedicated connection, the second fire truck to arrive would hook to the new hydrant at the pump station and then connect via canvas hose through the pumper to the building to supply the fire suppression system. So in a fire emergency, the connection would be made between the building and the fire hydrant in a canvass hose, and the City's water would be used to fight the fire anyway. Of course the mechanics of connecting the hydrant to the building to supply the sprinklers, while well known, are vulnerable to weather problems, mechanical failures and human errors, not to mention the time to get to the site. For that reason we are required to provide an amount of dedicated water storage, Our estimate is for between 40,000 gallons and 45,000 gallons of storage. So with just safety as the measure, it is clearly in Ashland's Best Interest to have the permanent connection since the result is identical with or without the Fire Line connection; Ashland's fire line is connected to the building sprinkler system by a permanent connection or by a canvas hose, and Ashland's personnel help fight the fire using Ashland's TAP line and water, but the effort is less safe and less reliable without the permanent connection. "NOT DETRIMENTAL" ANALYSIS The TAP line is 16" in diameter. It is supplying a massive booster station. While the fire line to the general location of the building would be 8" in diameter, the tap and connection to the sprinkler system would only be 4" in diameter. A 4" diameter line is only 6.25% of the area of the 16"line, and would only be used during a fire emergency event. But whatever capacity is used during a fire, it would be used in any event when the canvas hose is hooked up. So while the affect is likely not noticeable at the pump station, it is the same with a permanent connection or a temporary canvas hose, so there surely is no detriment. The fire line to the required hydrant is 8". There are likely more than 500 8" "TEE" fittings in the Ashland water distribution system. ii. The applicant secures, in writing, a statement from the Environmental Health Division, Health department, Jackson County, Oregon, that the existing water system for the premises has failed. It is difficult to see how anyone, even a residential property owner, could meet the threshold standard of iii "...no other feasible source of water for the premises..." since they could truck in water - so without further definition the ordinance meaning is not clear, unless the intent is to just flat prevent connection without plainly disclosing that fact. Meeting the requirements for sections ii & iii would put a commercial establishment out of business. A "system" at a Commercial Business includes not only the well, but also the storage, delivery and points of use. Although a private well "system" is not regulated, such a well "system" at a commercial business is closely regulated and monitored for public health purposes. Since water can always be trucked and distributed by the "system," then the statement is not practically achievable. If the statement were true, it would be West Jackson Properties, LLC 1840 East Barnett Rd, Suite "G" Medford, OR 97504 catastrophic for a commercial user since a "failed system" would close down the business, with no way to provide, store, or distribute water. What could one do in the interim waiting for an answer from Council? It must be that the City understands the impossibility of strict compliance because Council in the past has chosen to interpret those conditions more leniently than written. For example, in 2007 City Staff recommended and Council approved as a hookup outside the City Limits at 3103 East Main without the required statement from the Health Department. Rather the case for hookup was made from practical conclusions of the well drilling company, and considered the situation of the applicant who had been trucking in water to supplement a poorly producing well. Also considered was the high cost of re-drilling the well with an uncertain outcome. So there is certainly precedent to not requirin, the statement as an absolute condition. iii. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. The discussion in ii above discusses the impossibility of meeting the above standard faced by a commercial facility. The example cited in ii above makes the case that cost is a key consideration. Not only was there no statement from the Environmental Health Division, but the feasibility issue was reduced to a discussion of a $9,000 to $11,000 potential cost to be incurred by a single mother as dispositive of the issue. A 45,000 gallon tank and system might cost us upwards of $150,000 to $200,000. We spent that much seven years ago constructing the pump house and 20,000 gallons of storage at the new Providence/El Tapatio location. Isn't that an incredible waste of money, riot to mention resources, to provide a 30-minute supply of water, when ultimately the result is the same? In any case, it is clear that feasibility can include evaluation of cost. Should "feasibility not also include an evaluation of the "sustainability" of the solution? iv. An Ashland water main or line exists within 100 feet of the premises. On our project, the water main is within 100 feet of the premises. V. The connection is to premises within the city's urban growth boundary. Our property is within the Ashland UG13 and has been since said UGB was first adopted. Thank you for considering my input. est regards, ohn D. Chmelir, P.E. From: John Chmelir [JohnchmelirCcsoregon.com] Sent: Friday, December 18, 2015 2:30 PM To: Dave Kanner; Carol Voisin; Greg Lemhouse; Michael Morris (Council); Pam Marsh; Rich Rosenthal; Stefani Seffinger; John Stromberg; Mike Faught Subject: Fire Suppression Water Connection Mr. Mayor and Councilors, At the council workshop several questions were raised and comments made that beg some response. • The best example of a flagpole annexation I know of is Chicago's O'Hare Airport. • Of course every design for a distribution main and/or a water service connection to a City water main must conform to existing City water design criteria and good engineering practice. The standards exist. • The TAP consultant responded concisely to specific questions but without much additional insight. This following information is key to your decision making. o Ashland may not have studied the capacity of the pipe, but here are some facts: ■ It wouldn't be unusual for the water velocity in such a pipe to exceed 8 feet per second. (The faster the flow, the more friction and the more head (pressure) loss) ■ Even at only 5 feet per second, a 16" diameter pipe can convey just over 7 cubic feet per second. At 7.48 gallons per cubic foot, that is: 7 efs x 7.48 Gal/Cubic Foot x 3600 sec/hr x 24 hours/day = 4.25 MGD (million gallons per day) pipe capacity. ■ I understand that the City eventually wants to purchase and pump 3 MGD. ■ The reasonable capacity of the TAP pipe so greatly exceeds the needed capacity that losses due to a distribution line connection are almost infinitesimal compared to that which is available. o As a point of fact, the new TAP "Transmission" line dead-ends into a 12" "Distribution" line that feeds through a network of pipes connected to the Granite Reservoir at the top of Lithia Park. The distinction is almost meaningless. o All the discussion of high pressure in the line is accurate but woefully incomplete. There was no explanation that a Pressure Regulating Valve (PRV) installed in the distribution line just after the TAP connection would reduce the pressure in the distribution line to a usable limit. The use of such a valve is well understood in water distribution, reliable, and common throughout the country. Ashland already has 32 PRV stations providing similar service. It's on the website. ■ Service to the commercial area at the north end of the UGB would be 1 ikely an 8" pipe installed underground and along the frontage of Hwy 99. Perhaps it would loop under 99 at the upper end and back near the pump station. None of that would be an engineering challenge (power, Telephone & TV are overhead) or cost prohibitive. o Our facility is uniquely situated so it does not need a PRV in the line - we are on the low pressure side of the pump station. The pressure is likely around 50 PSI, well within the range needed for access to the fire system. o The connection to the TAP line we propose already exists with or without Council approval of our request. ■ By contract Ashland must install a connection to the TAP Supply Line to connect to the fire hydrant located on our property. We propose to connect to that secondary line. So the physical connection to the TAP line, and/or disturbance to the flow characteristics in the pipe, exist with or without the requested connection. ■ The connection to the Ashland System will be made, either by permanent buried pipe, or by temporary canvass hose connection during a fire event. • Approval of our requested fire connection does not set a precedent. o We asked for such a connection during the negotiation of the easement and were told that a separate application was needed. We've made that application. o The City received a high level of cooperation from us during the planning, design and construction - shouldn't there be some reciprocation.? o The City asked for and received a site up front on the property, instead of in the back as we originally proposed. o The TAP pump station and appurtenant facilities are on our property, and we will deal with them in perpetuity. o We revised our site plan to accommodate the Pump Station. o We submitted the planning application at our preparation and filing cost. That application included the TAP facility, and resulted in County approval and criteria for development of the TAP site. o Our facility will accept Medicaid residents, unlike many facilities that only take private pay. Why is that not identical to providing affordable housing, an issue that is a huge problem in Ashland. o I CANNOT CONCIEVE OF ANOTHER PROPERTY THAT MIGHT ASK FOR SERVICE FITTING THAT PROFILE. WOULDN'T ALL THAT WE'VE DONE MERIT SPECIAL CONSIDERATION? Our request is reasonable, unique and not precedent setting. The use of the "TAP facility water is only during a fire, and is the same with or without the permanent connection. The only difference is that with the connection we will not have to construct a 45,000 gallon tank, a building roughly the size of the proposed TAP pump station. There is nothing sustainable about that requirement when an infinite source of water for lire protection exists literally within feet of the need. John D. Chmelir, P.E. JCS-OREGON LLC 1840 E. Barnett Road, Suite G Medford OR 97504 johnchmelir(a~jcsoreon.com 541-608-7373 Office 541-761-0616 Cell www.jesore~zon.com West Jackson Properties, LLC 1840 East Barnett Road, Suite "G" Medford, OR 97504 Mayor Stromberg & City Councilors Dave Kanner, City Administrator City of Ashland 20 East Main Street, Ashland OR 97520 December 30, 2015 RE: Dedicated Fire Line Connection This is to request a dedicated fire line connection between the City of Ashland Water System and the Residential Care Facility proposed for the property at 2073 Highway 99, Ashland, OR, or whatever address. is finally assigned. I have communicated to the Council before by email, letter, and in person; this summarizes our request and provides additional information. NEED FOR ALZHEIMER'S CARE CAPACITY Attached please find a letter from Department of Human Services approving our Market Need Study, "...based on the information that demonstrates there is a need for Memory Care beds in the Ashland Area and your willingness to accept Medicaid residents." (Enclosure #1) Also attached is the graphic page from the same study that shows that in 2014 there was a shortage of over 200 beds for persons afflicted with Alzheimer's disease. (Enclosure #2) That need exists from the south boundary of Medford to the California line and includes Talent, Phoenix and Ashland, and the southern unincorporated county. In that same area there are only 42 beds. There is a huge need in the Ashland area. Many facilities do not accept Medicaid; we do. Design of the 44-bed care facility is almost complete and we hope to begin construction in the early spring. This is not question of growth but rather one of safety and sustainability. And perhaps an opportunity for the City of Ashland to express both support for the service we will bring to the community, and appreciation for the assistance we have provided the City on their TAP Project. OUR ASSISTANCE We have cooperated with the City of Ashland in every way requested during the planning, design, and construction of the TAP pipeline by providing easements, temporary and permanent for significant TAP facilities to be constructed on our property. In fact, without my suggestion to your consultant to site the temporary pump facilities on the Old West Jackson ROW, which was soon to be deeded to us, the City would not have had their temporary pump in place for the 2015 season. At our expense we reconfigured our site plan, prepared the submittal, and obtained approval for siting of the permanent pump station. West Jackson Properties, LLC 1840 East Barnett Road, Suite "G" Medford, OR 97504 TECHNICAL FEASIBILITY I was not aware of the letter from RH2 until late afternoon of December 29th. That explains some of the council questions at the work session and the lack of complete explanations. The discussion and the minutes leave an impression of technical infeasibility which might have been cleared up with some basic engineering observations. My email to Council afterwards arose from my frustration over what was not said, and by that silence, what was implied. The letter and the discussion talks about many things which have no impact on our request. It was a very complicated answer to a simple question. Here is my take on the letter. • A simple answer is that the TAP line on the pressure side of the pump station will have too much pressure for domestic use. An engineering study might determine that it would be ok to connect a "TEE" and pressure reducing valve to the TAP line to feed a parallel distribution line to the various businesses. That "TEE" in the line already exists, where the line connects to the Temporary Pump. Or, • It would be better to connect the distribution line to the existing distribution line to which TAP connects above the Rail Road Bridge. Either way there will be a pressure reducing valve, similar to the 32 PRV already in the Ashland System, because the line pressure is caused by the same source, the Granite Reservoir. But in any case, our request is to connect to the fire line supplying the fire hydrant on our property, which is on the low-pressure side of the pump station. See attached graphic (Enclosure #3). The pressure there is between 40 and 60 psi. Normal domestic pressures are between 25 and 85 psi, so we are well within the range of "normal." The connection to the TAP exists with or without our request. Our connection it will not change the TAP pipe hydraulics or capacity even a tiny amount. Please ask your consultant just that question, if our connection will imperil the planned or even conceivable use of the TAP line. CHARTER • The ordinance already provides for provision of water within the Urban Growth Boundary so clearly there is no Charter prohibition to such provision of water. • The City already runs over one million cubic feet of water from its reservoirs back through the TAP line and gives it to Talent to keep the water fresh. • The City has already made provisions with local fire agencies to use its City fire hydrants to draw water for use during local fires. It is clear that Charter issues are not dispositive in this decision, and granting this request certainly fits within the logic framework already in place interpreting the Charter. PRECEDENT If the concern is about setting a precedent, we believe our situation and location is unique in all of the Ashland UGB and so is not precedent setting: West Jackson Properties, LLC 1840 East Barnett Road, Suite "G" Medford, OR 97504 • We were told during negotiations for the Pump Station Easement that we would need to make a separate application for connection, and so we are. Considering this request is simply a continuation of those negotiations; • The pump station and appurtenant facilities are sited upon our property, forever; • We provided the City temporary use of the property during construction of the pipeline; • We provided a construction easement to facilitate construction of the pump station; • The fire line will be used to provide a "reliable" source of water and only used during a fire event. Whether through a Ductile Iron Pipe or a canvas hose, Ashland's water will be used in the same quantity one way or the other; and • The requested connection is not to the TAP line but rather to an existing fire line. If facilitating installation of sprinkler systems is setting a precedent, isn't it the precedent the City wants? • In the Council Workshop there was animated discussion about the positive logic and resulting safety improvement resulting from requiring all homes to have sprinklers connected to the Ashland Water System. If that is a good idea, how can this not be? • Since the City will ultimately include the entire UGB, shouldn't the city encourage development to urban standards? • The proposed Care Facility will provide a safe place to live for residents on Medicaid. Since obtaining this Medicaid service requires that the individual be essentially without financial resources, our facility provides the equivalent of low income housing. Mr. Kanner today indicated that the ultimate buildout of the project that follows this facility does not conform to City Standards. We'd agree to revise our site plan for the remainder (front) of the property to conform to City Standards if fire line connection is approved. Ashland encourages sustainable development and is rightfully proud of its success in conserving water. But there is nothing "sustainable" about a decision to deny a permanent connection to a "reliable" water source that exists literally adjacent to the need, when that denial results in the wasted resources needed to construct and operate a tank. That tank exists solely to supply water to the sprinkler system for 30 minutes until a temporary connection to the "reliable" water source can be put in place. The impact to the Ashland water system is the same. The only physical difference the visual difference between an underground line and a tank on the hillside or towering over the intersection. Best regar , r ohn D. Chmelir, P.E. Encclosures OF Oregon Department of Human Services ~r John A. Kitzhaber, Governor Office of Licensing and Regulatory Oversight 500 Summer Street NE, E13 Salem, OR 97301 Fax (503) 378-8966 July 17, 2013 John Chmelir Cameo Care Management, LLC 622 Fernwood Dr. Medford, OR 97504 Re: Market Study delivered via email to:johnchmelir@charter.net Mr. Chmelir, The Department has reviewed the market study for Cameo Care Management, LLC to build a 44 bed Residential Care facility with a Memory Care endorsement at 2165 West Jackson Rd., Ashland, OR 97520. This market study has been approved based on the information that demonstrates that there is a need for Memory Care beds in the Ashland area and your willingness to accept Medicaid residents. You may proceed with the licensing process as described in OAR 41 1-054-00an 411-054-0013. When building designs are completed, please submit them to Facilities Planning and Safety for review. They may be contacted at 503-373-7201. If you should have any questions, please contact me at 503-945-6404, or email debbie.concidineCo?state.or.us Sincerely, Debbie Concidine Operations and Policy Analyst Office of Licensing & Regulatory Oversight cc: Facilities, Planning and Safety ~htt,~U~~.t r~~ ~ f Assumptions and Calculations 55 and older, Including Unincorporated Residents of Jackson County - With Foster Domes "'Data from survey by Stacey Yarrish Consulting, annual DHS Occupancy Reports, Alzheimer's Association's Facts and Figures 2011 & 2013, Oregon Office of Economic Analysis and US Census Bureau. See Addendum. Willow Development Consultants LLC 5/12/13 Analysis of Cities of Ashland, Talent & Surrounding Area's Alzheimer's care needs % with Alzheimer's over 65 years 11% Assumptions Percentage not likely living in the community 35% WITH Foster Homes Percentage of Alzheimer's Population In Jackson 38% County Requiring Medicaid - 5yr Ave nn Population Aged i y E ~ = U (U N 4/ UM 65+ a N¢ N cc v ro r-- - E E 2010 6368 700 245 93 Current 2013 6522 717 251 95 Proj. 2020 Year 2020 6896 759 265 101 Extended Projection 2035 7771 855 299 114 pond xs~rtl~ts ~kued rQinr~ ;Ly f _ residents 2013 6522 117 251 95 Total Beds 42 37 Need 209 58 If nothing new is provided, what will the need be in 2014? residents + 2014 6600 726 254 97 2013 Total Beds 42 37 Need I 212 60 tf t~~ttiiii'`ne+~1 is.provtdr d, .what :wll.h w nett iN rr3 2t34 residents Lu10 b89b 759 265 101 2013 Total Beds 42 37 Need 223 64 If nothing new is provided, what will the need be in 2035?' _ residents 2035 7771 855 299 114 2013 Total Beds 42 37 Need 257 77 Population is a combined total of Ashland and Talent and leans toward the high end of typical margin of error. Assumes 0.8% population growth rate N A-) 5 (k C'. Market Analysis - Lithia Place Memory Care 25 " JACKSON COUNTY FIRE: =DISTRICT 5811 South Pac ific Highway • Phoen' - Phone (541) 535-4222 Fax (541) December 28, 2015 Mayor Stromberg & City Councilors Dave Kanner, City Administrator 20 East Main Street, Ashland OR 97520 RE: Water line to proposed care facility on North Pacific Highway. As Fire Chief at Jackson County Fire District 5, 1 am in support of sprinkler system installation for fire suppression. The fire service in general supports fire sprinkler systems as the most dependable and economical way to ensure life safety, particularly in care facilities. We are aware that there is a proposed Residential Care Facility to be built between TC Chevy and Lithia Springs Resort. The proposed fire hydrant located directly across the driveway from the TAP pump station would provide the supply line to support the fire sprinkler system and any fire suppression efforts at the facility should a fire occur. I would be in support of the City of Ashland to allow a dedicated water line to the sprinkler system for control and suppression purposes. A dedicated line provides the most reliable water supply and eliminates the need for on-site storage and auxiliary pumps for system support which are less reliable. My support is from the perspective of fire safety only, and does not advocate for any other purposes. Please feel free to contact me with any questions. Best regards; Darin Welburn Fire Chef Jackson County Fire District 5 Mayor Stromberg Ashland City Councilors Dave Kanner, City Administrator City of Ashland 20 East Main Street, Ashland OR 97520 December 29, 2015 RE: Dedicated Fire Line Connection I am Oregon Deputy State Fire Marshal Michele R. Johnson. I am in favor of Ashland granting the request to connect the Fire Sprinkler System at the proposed Residential Care Facility on West Jackson Road to the City of Ashland water system by means of a permanent hard line connection. Such a Residential Care Facility endorsed as a Memory Care Community is required to provide a full NFPA 13 Fire Sprinkler System to protect the facility and its residents. I understand that the City's TAP Water Pump Station is located on the properties upon which the Care Facility will be constructed. Without the permanent connection significant water storage will be required on site to provide flows during the early event and until fire crews can connect to the local hydrant. A permanent connection of the fire sprinkler system to the City Water line provides a "reliable" water source for the sprinkler system. Thus the permanent connection is an improvement to the fire safety which is my only interest. Thank you for your consideration. Best regards, Michelle R. Jo nson Oregon Deputy State Fire Marshal wo~~o~3do o~ r _ o~o Z Alwnwwo0 aje0 tiowaW y A - 301A83S 3MIJ 03SOdONd w ! , w nna!A AalleA le 86ell!A a41 or w Oll 'NOOISO-SOf - 3 - - Oll 'SN31N30 ONIAll W001813H - - J WN a a / QI oNa~= ~w T2, O ti 2 c Qo ILLJ 4 W ~ky m ~ O M aP 2 L2O U) Q W a) ~f r C)- C~-~ ~ZQ ~W a3Q o~QO cn~ ~ j 4 U Z 0 C:) Q m o j Z LIj t ci- co Q m I:L Co \V P1 I I r cu CU > Lill W Tl _ CITY OF ASHLAND Council Communication January 5, 2016, Business Meeting Second Reading of an Ordinance Amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana-Related Businesses and Adopting the Ordinance by Emergency FROM: Maria Harris, Planning Manager, maria.harris@ashland.or.us SUMMARY: The proposed land use ordinance amendments create standards for the allowable size, scale, and location of marijuana grown outdoors in conjunction with a residential dwelling unit and for the location and manner of operation of marijuana-related businesses. Specifically, a residential property would be allowed to grow outdoors up to four plants per lot for recreational marijuana or six plants per lot for medical marijuana. The City Council passed first reading of the ordinance and declared an emergency at the December 15, 2015 meeting. The ordinance is scheduled for second reading and adoption by emergency at the January 5, 2016 meeting. The emergency adoption makes the ordinance effective immediately after approval and signature rather than waiting 30 days for an ordinance to go into effect. Staff recommends adopting the ordinance by emergency because State of Oregon representatives recently indicated that the Oregon Liquor Control Commission (OLCC) will begin processing applications on January 4, 2016 regardless of whether local jurisdictions have regulations in place. BACKGROUND: The homegrown marijuana section of the ordinance in 18.2.3.190.A.4 (see page 14) was amended based on the motion at the December 15, 2015 meeting to allow up to four plants per lot for recreational marijuana or six plants per lot for medical marijuana to be grown outdoors. Definitions of recreational and medical marijuana are included in the attached ordinance (see page 29). The land use ordinance amendments regulate the physical aspects (i.e., size, scale, placement) of outdoor marijuana grow areas in an effort to mitigate odor impacts to surrounding residential neighbors. The latest revisions will allow between four to six marijuana plants per lot to be grown outdoors. Given the cap on the number of plants that can be grown outside, staff believes the additional standards for homegrown marijuana including a maximum of 50 square feet of outdoor grow area, setbacks, and placement (i.e., not in front yard, not visible from street, closer to resident grower's dwelling unit than neighbors) will be the main controls in limiting the impacts of the grow area in a residential setting. The City Council held public hearings on the ordinance amendments at the December 1 and 15, 2015 meetings, and passed first reading of the ordinance and declared an emergency at the December 15, 2015 meeting. The Planning Commission recommended approval of proposed land use ordinance Page 1 o1'2 CITY OF ASHLAND amendments for homegrown marijuana and marijuana-related businesses at the October 27, 2015, meeting. The Planning Commission forwarded a report detailing the Commission's recommendation on the proposed land use ordinance amendments and the report was included in the December 1, 2015 City Council meeting packet. The City Council held a study session on the proposed amendments on November 30, 2015, and the Planning Commission held study sessions during the development of the proposed amendments on June 23 and August 25, 2015. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of second reading of the ordinance amendments as presented. SUGGESTED MOTION: I move to approve second reading of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.2.3, 18.3.2, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana-related businesses including production, processing, retail sales, testing, and wholesale and declaring an emergency," and to adopt the ordinance as an emergency enactment. ATTACHMENTS: An Ordinance Amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana-Related Businesses Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2,18.2.3, 18.2.59 18.3.21 18.3.3, 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION, PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE AND DECLARING AN EMERGENCY Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015 legislative session including House Bill 3400 amending the Oregon Medical Marijuana Act (OMMA) and Measure 91; and WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefivhters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted Ordinance No. Page 1 of 31 to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including hours of operation, manner of operation, public's access to, and location on five types of recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law; and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on October 27, 2015; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on December 1, 2015 and December 15, 2015; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are frilly supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: Ordinance No. Page 2 of 31 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. Ordinance No. Page 3 of 31 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Ordinance No. Page 4 of 31 0 C) W U~ ' O C U m ' (n "a .O M 01 'O C O ap O ;L O ON p N m 'p C = QD O O C = ,C 0 O C co O C a> ui Q M O N U N E r U) Q Co U O C6 O ° O r J ~ T U Cn fn O ~ ~ Q C F U O -0 O C) CO > a) -0 yam.. L a) 0 O O m j, O O O O 0 _0 O O m O Z U) a) - n3 p a5 ~ L -O O t- T LL ui O U E O M = c? co N O M M M N M M II E N C O p> ~ CV (f) o N N N N 0 N N N Z U O Co N U c o M 0) C31, M 00 M U M 0 (0 C T C7 7 in Li? = L - r- - d N O U a) p a) N U O y-0 U U L) U U ~ 4) _ Q N 7 U) cn d 0 - (n N 0 0 (B U) U) U) = U) U) N U) d Z Z Z z cnl z Z Z Z z z E 4 O T LL1 z z z z cnI c~ z U) Z z w an 41 ^^ct F~ 060 T T Z zI Z Z cnl cn Z Cl) Z z cn +0 U U + C co vj Cl) cnI z z z z z o ~ U I I D U ~ a cn cn cn CnI a co z z z z N .a D- cn z U) cnI a cn U) z 13 ca + N d ~ a Cl) z co cnI co a cf) v cl) a cC a m `r' a cn z cn cnI a cn a cn CO M Q. t a cn cn cn cni a cn cn cn z z 3 C d N L O O M _ a a) V7 C IL O 3 Y> 0 3 J u o ° fn a X° u E -FD 0 Q) c _ 0 W U o = 0_ ° ire = m 0 a m o ur - I Y N O N ~C :3 V p J> N N T) E 7 MO UO CE (n o D O O O L O N y O a) j U 7 O O IL m a) N N N 7 C !i m J U + (Y j II U co :3 U J OL = O) "a t5 LL d 0~ L O U 'i y 7 C C C N N (n a) Q .v m E '0 a) aai a 0 c' ° co °Y , 0) 0 H Q Q 0 22 Y a) 0) Y Y 2 m co Q 0 O N fn fn O C C E C N a) a) O L N E E O M a) - Q O_ Cp N N O C > E 2 o6 C (6 06 U m m O X -a U 'C -r_ a) a) d Q a) o O_ C (6 U) a) U) v) o Q a0i = O m a) = aci aci = c a) Q C (D co U U ~ a) • p U M w M M M O M N a) M C6 U N 0 Z U) ° ° O O LO U .Q Q iv N o O M M a) (n a Q~ CO I I QN N N aN O O Q U O)M C O QU Z oc) t5 t U) a) ` -p C) U U O E C U w. a) L Q C U N O O 7 C a) m (1) 7 a) N U) m cn CO cn cn U) U) U) LL Q ° cn U) cn d Z Z Z Z Z Z Z U a n- Z' M O O a ~o LiJ Z (n z Z Z Z Z U U Z N bOA o6 o T T Z U) Z Z Z Z z a a a / 1 Z O U U V +I - 'O C Z (n U a U Z Z U U D :D U Z Z V I I ~ > > D D > > V a' Z co U a U Z U U U U Z U vi L M Cl) CO D a a a Z D Z Z D >3 U U U U N 0 U) D a s a z D D Z z D to U U U U 2 r z Cl) a a a Z z d cri U U U U U SZ t ~ Z U) U a :D U Z D Z U U U Z D U d O N m c n a) a) LL a) E E IL .2o o o O c = m ca - o° co fn Z- a) o U) D E N O .U O C d > U) O ° ) U O ° U .0 m a) I w U c E o LL ° c c Q) ' O ° m lp m E aS ° o U) M C C U = LL C U) O U 7 Cl) C O a) N C _ f0 m U m L O ° (n m ca m ° a) E ax) N a Z N N C o m a) U U ° a m m Q- c N C a) = v J ° co ca m cu N -O a) Cl) d Co Q 3 m U rL = - L) Z M a c cco ii m cd w~-c°a O o m aci m 0 c~ } m m a) -g -o E = O a) ° E o a W Q ~ c c E E n O w O (L a E Eo v O ° a) 5 o Nv a) ov ^ ~a\) c O~ o m o Y O Fm- m a~ a = U z QL w DL (J Q C) U U U 0 a LU = N 0 U_ N t? m 0 O U -o d 3 aL 00 0 O O C -O m Q U V) ° lf') Z O N O O II U - M N O N z _O C o6 N a) fn C6 - 0 .9 _ U - W o m m a) ci U L Q. z ° } cn m c~ Cl) u) - IS d L a_ CL z z a_ a_ v z z 0- C l- C) = E L~ a a_ a_ z z a_ Ta-C) z z U a ° U U o v W a_ U In 060 r a_ a_ z a_ z z v z z z a yl C) a ) cam.) g UU a r C U C) z a- z z z U U U z U U z z 11 M U D D a_ z z z a z > > z z U U U U U U vj ca z z a_ z z z ~ v a_ z z z z = N z z a_ z z z D v a_ z z D Z z j M Lo z a- z z z D D a- z Z z C~ M U U U U t3. U) t D z a z z z U v a z v C) z z m ~ c ~ 0 U) a) N vi a) i a) a) o _0 .Q ° m °sz U (3) o cmi umi o m E CL d _ ° ai a a m fn a) m m~ U. -ate o ° m~~ m~ U"m II 0 U) m CU C: cn U) Q E aa)) a (n a) - o = m m M (1) c n 3 c Q w o. 'N-;7- m -E:3 to N m ° E2 m a) C a) ) = LL a m m N a)0N of f~a S~=3 C a)W'?~o -a Co LL w O N O Q O C S Q1 C co N C U O cu a) 70 0 a) FD N m O O Q U 'U a_) E p C O m m r to L 'z- E tr_ O m 0 0) 7 a) U c Oa n LL -'S o Y Y U U E = c o C o 0)m cli Ufa O 0 o o N m CU a)-Z)0 E L) w~~ m c~ a Z N m C O U Y U Z6 N Y Y O C ? U) a_ O U C (6 X a) a) L II V ao ~Q) ui m ° c 0) U) a o a 0)° ° E~ m 'Z cz a -C C3 ~Eo ~a_ a fn o 75 ° 0 0 o5 t-0 o a) E u°)ia~iEmr~~ ~c LU°O m owl U U° 7 w- a) _0 7 = a) f6 U > 0) O O O O >1 U O in 7 U O 7 LU d 0 0 0 7 O 7 m 7 7 a) a) a) U U U U X E O i 7 U C Y i-y f- o -I-, (D U) 0 a_ Lt_ 0- N a_ a. > O~ G~ u) fn U) C/) > U a) N W Q U m Q .E m M O Q 'D ao co m - ~ co co to 3: ° to a) Co Z) ~ U 2 N Q° CD o a>1 E-o ~ (A O U to Q -0 Y 0 U ' O v7 O cn fl O to ~ _ V Cl x U to 0) ° a) to co O (D CO 7 o- 'a -0 Cc > O N (1) vcu o 2 c_ 0 Q ° `t CU Q O Cl) > ~Q E o o c N m~ o> _ O m ° c l) v) a) 7 O m ~ C° U~ N C c6 M w- L a) E E L Z d co O° cei O aj o fC c II U) Cl) C6 0 06 N -0 a°i°0 F T°'T° Ua°iiU3;_ a> W v ti ° ci IY L _ N o C: U) C: C E (n CL CO U) 0- C7 (L IZ D- Z Cn z - ~ O T CL 00 uJ U [L Fu) Z U Z Z V1 b4 T T U a. U Z IL co U O U U .2 C w z z z U Z Z z O ~ U II D U Z Z Z U Z Z Z to - L R Z Z Z Z Z Z U a 41 c n N + D w z Z Z Z U C/) Z U ca M z z z U Z Z z Q t z z z U z z z 3 m ~ O ~c r N _ E m L > a~~i L a> f6 Z3 -a m O a) Q. a) N Y ~O "O OU (~6 L O N II O o x o LL m L) to :3 aa) fn Q) a) _0 to E zz 70 7- N Cn 47 ° _ C U 0) ( O O C M O (6 C C O (6 - a (D (D E 0 d> to U C > U _O m d L5 > to N Q N O E y c6 C6 N y I mo y ~ ~ ~ ~~c Um y M ° Y rn U N° ca (n O c E° wo a)t°n' C0 m O c~i o f° ~ ~ s fl -i °o m a Z N ° ° U tri a) o a ° 0 (n II 00 > o m.~ LE Lw 6 L Z IL z~ 'o O O cd as o E= o a~i E E a) C E- W s co U o , 0 E m E~ fl> E v > in ° 1:5 (1) o oin o~~ L o X o Y 1-- C L-0 uj Q E in a- U w U U U -a U a> = v o +~T~ r' CD CD Q ` .O ca u, o N N C y N 0 CD N U c ~ f6ca 7 =OTO .U - C N 7 O M O U U -0 O d mO~L ~ § f0d`6oin~ a ~o~.~ E 0 =wm~0 t6 N !L' 0 0 a) ~ -2 V) C "O M U m 0 0 "O i N M 7 0 Q C O O O UO O N c p ivj a) m E C s- N c m Z ,C N= N E O N 0 M N O II o - Rf C N T 7 Z E moNp co Li Rw'' o > 00 W a)_ = N a) Co m C4 a) SZ. O a> N d fC O L O> U 0 0 O .7 (n z21 U. LL 0 N O i Z U - a a~ T - a_ a_ a_ z a_ z a_ a C) z zi 4 ~ O d a, T O W U U Z D U U U U a U Z U im) Z a O - U N W (1) Gq oJ 060 co z z ~0 v U a. v z z z a- z o U U r C Z Z Z z z Z Z z z Z Z Z Z O ~ U II U ~ z z z z z z z z z z z z z v M + tC Z Z U Z Z Z U Z U Z U Cl) Z Z = + Z Z U Z Z Z U Z U Z U U z z fSf M Z Z U Z Z Z z z z z z z z Q Cl) t Z Z Z Z Z Z Z Z Z Z z z Z N .a C N ~ U - ch C 0 N f4 Q) a) O N ;n d En U) CO m cu O > .O = 0 > is O aNi is m (v c a~ U) m= o E m~ v) ct3 a> o° E ~ ~ o E i E 0 E o T ~ c N fa) E -M 0 .2 6 c o c E o 3= U (0 a d r E Q v m E U a) ~.2 aS o E cc o U) o > co y U 0 -C E`er w Cl) = O 0 a O c U 7 C a) z- 0 0 c cU co U) m O m0~-0 o 0 0 _ ~C y ci ~.c Ina - :~~E o ~~~oU E cu Qvi a Z N L m m m c~ 7 is 0 O Co 0 a a~ Q O U tC co a~ II v ago ~0 c~ ~L~ o -0 ~~~c ~~ic=o cZo y Cl) Ua E d 0 E ~t5 y~ 0 L°oEZ~U)oaoi~ o -0 0 CL E C) Z3 0 W =Q Y _I(]J 6 W U i z 0 0 W a_E U~~= > LL U ~n O roo °v a)-0- a) Co L N O °a) : my D-0 sa) (n ° °a) :3 c C/) co L) Z) 0 y V y j 07 m N U N C O U O N U C 5 0( d U) E L) M C:) Z3 _0 C O E co p) a) a) m :E U S? C O GO ca m 0= U) - o r y ca > m m cn _0 :3 E j •Q O O N V y f=6 U E O m E 7 Q 00 Q y O a) - O i) y N fl_ Q) O a) o 7 T O N U O Nr U)) O O_ m ON - Oa) U '6 Z -0 -0 N m y N T A c O 0 rn ;L O O> > Q = T O O >1 II C U.0 o-0 a) W m ~T m ~•0)~z o~ Z m aE a)~ M o. Cl a) ca O E ~E O a) •U U a) N N W O N cN a) U> U O (n a) U) a) a) vi u0i - N ° co a) O a) m u) O u) cn v) a U m U m oC, c c m 0 fn 2 IY a m 3 m m o IS a) _ L Z U U IL 0I (AI a = ~ M L i-1 L y. Q ~I U), w z z U C/) w vi a~ = C~ 060 z z z cn z U) o U U C Z Z Z Z Z Z O ~ U u + U w D co z z z z z U - L ~ Z Z Z Z z Z r N N Z Z Z Z Z Z !n w M Z Z Z Z Z Z y ~ M Q U) t Z Z Z Z Z Z 3 C a) N m c c A a`) c O o 4-; 3 c m ~O ~CY) a a 3 0 o vii E O II 0 E D U ~ 'N y d m N a) a) ❑ m a) v ai Q -p D f2 7 m c Q v1 to p o .J Q Co a) x is 6 (n -0 M m o o > voice mo ~o o m O N W~~ Q co N IL 'E a J IL N O 3 cam j° N II V Co0-0 La ° ° 0~0 L O N Q) a) O 5 O) U O U O a) t1 7 = N C (~6 C E (tea cLa (tea ..O } 1~ r :3 ca o m m O 3 O m° c Co M Co- Y O H C)ww ti ° U C) U- m o N s C (p U O m O = y a) 7 Ca (6 3 tl1M ~ U) a 1 . L t N ~O O N r 00 O Q E O T N d > o y r U ~ Cy O N U N C _ "O (6 O ~ ) O Q c O ~d N > U tC _ O N N O O Z d a~ - E a3 II O N O ~ .U c' W L N p i a N •3 7 Q r a. IL cni U Z p = M p ~ O _ a W U ZI Z Z N N N s 060 2 = Q U Z Z Z cB O 7 0 C ~ O Z z Z Z Z U p II cn U U z z z z z in z z z z z o N z z Z Z Z fl p N ~ L v Z Z Z Z Z j Q. ~M U N t r y z z z z Z 3 d ~ = d N o E m U) i -a d p ay 0 3 0 y m II o Q o U) cn U ~ C C Q C ~ f6 d 7 ~ (p O "a f_n d d E= O p T O 'C N p 0 co _ a. U 41 I U~ o cam E o m r p a) O 0r 2 3 C O n O O d N fwd 'a O •i cC E y U a p t6 N II N Ci co 00 (n C C O at3 N a) _ d S~ m cu L N O fu Vl U Z C N z O E U U O 7= Y t O O 0 75 -0 L) LLJ 7 a) a) O W I- n O SECTION 2. Chapter 18.2.3 [Special Use Standards-Home Occupation] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.150 Home Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. B. Conduct of Home Occupation - Standards. Home occupations are permitted pursuant to the following standards. Where a home occupation use does not comply with one or more of the following requirements, the Staff Advisor may find the subject use is no longer permitted. 1. Appearance of Residence. a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business. b. The home occupation shall not result in any structural alterations or additions to the dwelling or accessory structure that will change its primary use. c. No display of products and or equipment produced or used by the home occupation may be displayed so as to be visible from outside the dwelling or accessory structure. 2. Storage. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited. c. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3. Employees. a. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee, and no more than one employee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations. 4. Advertising and Signage. No signs shall be permitted on a home occupation site. Ordinance No. Page 12 of 31 5. Automobiles, Parking, and Traffic. a. One commercial automobile associated with the home occupation is allowed at the home occupation site. Such automobile shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site. b. There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p.m. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a. m. c. There shall be no more than one client or customer's automobile at any one time and no more than eight per day at the home occupation site. 6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only. C. Prohibited Uses. The following uses are prohibited as home occupations. 1. Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards. 2. Any activity involving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson books or sheet music for music teachers, or computer software for computer consultants. 3. Any of the following uses, and uses with similar objectionable impacts because of automobile traffic, noise, glare, odor, dust, smoke, or vibration. a. Ambulance service. b. Ammunition or firearm sales. c. Ammunition reloading business. d. Animal hospital, veterinary services, kennels, or animal boarding. e. Auto and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large equipment on-site. g. Medical marijuana dispensary Marijuana-related business. D. Permit Required - Application 1. No person shall conduct a home occupation without first obtaining a home occupation permit from the Planning Department and a valid business license as required under AMC title 6. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business, and the manner in which it will be conducted. If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Advisor shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the Ordinance No. Page 13 of 31 business to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a home occupation permit under this chapter shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances, or other laws governing the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 15.04, the fire code standards defined in AMC 15.28, or any private restrictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and with reasonable notice. SECTION 3. Chapter 18.2.3 [Special Use Standards-Medical Marijuana Dispensary] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.190 Medical Marijuana Dispensary Marijuana-Related Uses. A Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it shall meet all of the following requirements. See definition of homegrown marijuana cultivation in part 18-6. 1 Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that same property must be the primary residence of the resident grower. 2 Related Activities. Any drying keeping storage, or processing of homegrown marijuana shall be located inside the dwelling unit or an accessory structure and shall not be located outdoors. 3 Homegrown marijuana cultivation and any related activities must meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 4 Outdoor Cultivation. Up to four marijuana plants per lot for recreational marijuana or up to six marijuana plants per lot for medical marijuana are allowed to be grown outdoors in accordance with applicable Oregon Revised Statutes and Oregon Administrative Rules including the requirement to obtain and display a medical marijuana prow site registration card in ORS 475.320(2)(B)(d). Outdoor homegrown marijuana cultivation shall meet all of the following requirements. a Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall design requirements, see section 18.4.4.060. Ordinance No. Page 14 of 31 c Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards including Table 18.2.4.190.c. L Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellings in the same multifamily development. ii Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.190.4.c Outdoor Cultivation Dimensional Standards for Homeqrown Marijuana' Number of Maximum Maximum Minimum Setback from Minimum Setback from Marijuana Plants Cultivation Area Marijuana Plant Any Property Line Dwellings on Adjoining per Lott Allowed Heigh Propert per Lot3 6 or fewer plants 50 square feet 10 Feet 10 feet 20 feet 'Contiguous lots under single ownership shall be considered one lot for the purpose of calculating the dimensional standards for homegrown marijuana. 2Up to four plants for recreational marijuana or six plants for medical marijuana may be grown outdoors. 3 All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the cultivation area Where plants are located separately, the combined total of the individual cultivation areas shall not exceed the maximum cultivation area. 'Marihuana plants shall not exceed ten feet in height from the top of the average surrounding grade. 'Marijuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. d Multi-Family Development. Homegrown marijuana may be cultivated outdoors on a lot containing multi-family dwellings in conformance with the requirements of subsection 18.2.3.190.A and provided all of the following requirements are met. i The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of marijuana plants will comply with the requirements of subsection 18.2.3.190.A. The written notification shall include the following information. 1 Property owner, property manager, or home owner association representative contact information including the name, address, and phone number(s). 2. Contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3 The City requirements for the outdoor cultivation of marijuana including the maximum number of plants per lot and the requirements of subsection 18.2.3.190.A. Ordinance No. Page 15 of 31 5. Indoor Cultivation. a Building Code Any structure accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lightinq fans heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. b Light and Glare Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. c No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or uninhabited dwelling units shall not be used for marijuana cultivation. B. Marijuana-Related Businesses. 1 Marijuana-related businesses may require Site Design Review under chapter 18.5.2 or a Conditional Use Permit under chapter 18.5.4. See Table 18.2.2.030 - Uses Allowed by Zone for zones where mariiuana-related businesses are allowed. See definition of marijuana-related businesses in part 18.6. Marijuana-related businesses shall meet all of the following requirements. a The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana production, cultivation, and storage of merchandise raw materials or other material associated with the business are prohibited. b Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design Review approval if required by section 18.5.2.020. Security bars or prates on windows and doors are prohibited. c The business must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d Light and Glare Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e Building Code Any structure accessory structure electrical service, plumbing, or mechanical equipment (e.g., lightinq fans heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building permits prior to installation. f Methodology for Measuring Separation Requirements. The following methodology shall be used for marijuana related- businesses that are required to be separated by a specific distance (i.e., marijuana production facility, marijuana wholesale facility, marijuana retail outlet) For the purposes of determining the distance between a Ordinance No. Page 16 of 31 marijuana related-business and another marijuana-related business, "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved marijuana related- business to the closest point anywhere on the premises of a proposed marijuana-related business of the same type. If any portion of the premises of a proposed marijuana related-business is within 1,000 feet of an approved marijuana related business of the same type, it may not be approved. For the purpose of this section premises is all public and private enclosed areas within a building at the location that are used in the business operation, including offices, kitchens, rest rooms, and storerooms. q The property owner shall record a declaration which waives any claim or right to hold the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subject the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. h. A marijuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the standards described in subsection 18.2.3.190.B.1, above, marijuana laboratories, processing production, and wholesale shall meet the following requirements as applicable. See definition of marijuana processing and production in part 18.6. a. Marijuana laboratories, processing, production, and wholesale shall be located 200 feet or more from residential zones. b. Marijuana Production. L Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot. ii. A marijuana production facility shall be located more than 1,000 feet from another marijuana production facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related-businesses. c. Marijuana Wholesale. A marijuana wholesale facility shall be located more than 1,000 feet from another marijuana wholesale facility. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related- businesses. 3. Marijuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. Ordinance No. Page 17 of 31 A. Boulevard Location. Medical marijuana dispensari imtted subject to all o the followi ran de inn standards The dispensary must be located on a property with a boundary line adjacent to a • boulevard exnent that rli non er~ec ~.re not permitted in the Downtown Resign trailer, Standards zone. 2. The dispensary must be located a permanent building and may not locate in a container, cargo or moter vehicle. Outdoor storage of Merchandise, raw material- or other material associated with the die nenc~rI is nrehihited 3. Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obt Site Review approval if required by }ion 18.6.2.020. CeGurity hers or grates on windows and doors are proh;bpted-. 4 The dispensary establishment must not have a drive up use. 6. The dispensary must provide for secure disposal of m " inants or by- 7 such remnants or by products shall not be plarc-P-C-1 IwAwfittlh n. dispensary's exterior refuse non+°inerc L: The dicnenc~rI is registered with the Oregon Health Authority ..niter the state of 7 medical marijuana facility registration system under ORS 476.300 ORS • 476.346, and meets the requirements of OAR Chapter 333 Division 8 Medical Mari liana Facilities. B. Other • 7 18.2.3.190.A, are subject to a Conditional Use Permit under chapter__'18 r. A and shall meet all of the following ren..iremeHt° exc~evpt zone, 1. The Wspensary must be located 200 feet or more from a residential that disp 1 not permitted in the Downtown Design Standards zone. 2- The dispensary must be IOGated in a permanent building and may not locate mn-a 7 container, cargo or motor vehicle. Outdoor storage of merchandise, raw materials, prohibited. or other material associated with the dispensary as d Any modification t the subjeet site or exterior of a building housing the building J dispensary must be consistent with the Site Design Use Standards, and ON Site Review approval if required by seGtion 18.6.2.020. Security bars or grates on wondows and doors are prohmbuted-. 4. The dispensary must not have a drive up use. 6. The dispensary must provide for sec;ure disposal of m inants or by- 7 suGh remnants or by products shall not be placed within-the dispensary's exterior refuse containers. 6. The dms. egistered w.th the Oregon Health Authority under the stat 7 medmGal m . im ty registration system under QRS 476.300 476.346, and meets the requirements of OAP Chapter 342 Division Q MediGal Ordinance No. Page 18 of 31 Marijuana C°nilities a. Location. i Marijuana retail sales are allowed if located on a property with a boundary line adjacent to a boulevard. ii Marijuana retail sales except as allowed above in subsection 18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4. iii Marijuana retail sales are not permitted in the Downtown Design Standards Zones. iv. A mariiuana retail sales outlet shall be located more than 1,000 feet from another marijuana retail sales outlet. Medical and recreational marijuana retail sales do not need to be separated by 1,000 feet if located together in one building if the configuration meets all applicable Oregon Revised Statutes and Oregon Administrative Rules. No more than two registrations or licenses issued by the State of Oregon (e.g. a medical dispensary registration and a recreational sales license) may be located in one building. See subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between marijuana related- businesses. b Drive-up Use. The marijuana retail sales outlet must not include a drive-up use. SECTION 4. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations:. A. Setback Yard Exceptions. See subsection 1825.060.132 B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. Ordinance No. Page 19 of 31 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. ~a D 0 DD~ `I 10, 0 ~ Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 5 Chapter 18.3.2 [Croman Mill District] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 20 of 31 18.3.2.040 Allowed Uses A. Uses Allowed in Croman Mill Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.2.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone8 Croman Mill District Zones9 INC MU OE Cl OS A. Residential Residential Uses S S N N N Agricultural Uses, except Keeping of N N N N N Livestock Keeping of Bees, Micro-Livestock and N N N N N Livestock Mariiuana Cultivation, Homegrown S S N N N Temporary Employee Housing N N S S N B. Commercial Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales P N N N N and repair Limited stores, restaurants, and shops, excluding fuel sales, automobile sales, and N S S S N repair, including marijuana retail sales Professional, financial, business, and medical N P P S N offices Administrative or research and development N P P P N establishments Child or day care centers P S S S N Fitness, recreations sports, gym or athletic club P N N N N Ancillary employee services (e.g., cafeteria, N S S S N fitness area) 8Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 9 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, Cl = Compatible Industrial, OS = Open Space. Ordinance No. Page 21 of 31 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone8 Croman Mill District Zones' NC MU OE Cl OS Kennels (indoor) and veterinary clinics N N S S N Motion picture, television or radio broadcasting N P P P N studios Temporary uses C C C C C C. Industrial Manufacturing, assembly, fabrication or packaging including manufacturing of food N P S P N products Limited manufacturing affiliated with a retail S N N N N use Marijuana laboratory, processing, and N S S S N production Rail freight loading dock facilities N N N P N Rail or rapid transit passenger facilities P P P P N Warehouse and similar storage facilities N S S S N including marijuana wholesale Limited outdoor storage N S S S N Wireless communication facilities attached to an existing structure pursuant to Sec. C C P P N 18.72.180 Freestanding wireless communication support C C C C N structures pursuant to Sec. 18.72.180 D. Public and Institutional Public service or community buildings with P C C C P office or space used directly by the public Public service or community buildings without C C C C C office or space used directly by the public Public and quasi public utility facilities S S S S S enclosed in a building Oregon Department of Transportation (ODOT) S N N N N maintenance facility and yard Private school, college, trade school, technical school or similar school C C C C N Electrical substations N N C C N 'Key: P = Permitted Uses; S = Permitted with Special Use Standards, CU = Conditional Use Permit Required; N = Not Allowed. 2Zones: NC = Neighborhood Commercial, MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. D. Special Permitted Uses Use Standards. The following uses and their accessory uses special permitted uses as listed On the Land Use Table and are subject to the requiremen th;ss`Gtion The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.2.040, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Residential Uses. Residential uses provided all of the following standards are met. Ordinance No. Page 22 of 31 a. The ground floor area shall be designated for permitted or special permitted uses, excluding residential. b. Residential densities shall not exceed the densities in section Dimensional Regulations. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest impacts from commercial and industrial uses within the district. 2 Madiuaria Cultivation Homegrown. Subject to the standards in subsection 18.2.3.190.A. 33. Temporary Employee Housing. Residential units for use by persons employed within the facility and their families when all of the following standards are met. a. Employee housing densities shall not exceed two units per acre. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. b. The employee housing shall be in conjunction with a permitted or special permitted use on the property. c. Units shall be restricted by covenant to be occupied by persons employed by a business operating on the property. Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales and repair, includinq marijuana retail sales 34. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities, and ancillary employee services, when all of the following standards are met. a. In the CI,MU, and OE zones, a maximum of 15 percent of the gross floor area in a building may be used for any or a combination of the following special permitted uses when the standards in this section are met: limited stores, restaurants, and shops; child or day care facilities; and ancillary employee services. b. Limited Stores, Restaurants and Shops. In the MU zone, the floor area shall be limited to retail uses in conjunction with a permitted use. c. Child or Day Care Facilities. Primary program activities are integrated into the interior of the building. d. Ancillary Employee Services. Developments may include ancillary employee services such as cafeterias, fitness areas, or other supportive services generally intended to support the needs of employees when the following standards are met. i. The use is integrated into the interior of the building. ii. The ancillary employee services shall be in conjunction with a permitted or special permitted use on the property. e Marijuana Retail Sales. Marijuana retail sales are subject to the standards a-d in subsection 18.3.2.040.D.4, above and the standards for marijuana-related businesses in subsection 18.2.3.190.6. Ordinance No. Page 23 of 31 45. Professional Financial Business and Medical Offices in _CI Zone. Developments in the Cl zone may include ancillary office uses to support the operations of a permitted use on-site provided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor area. 66. Kennels. Kennels when all of the following standards are met. a. Kennels shall be located at least 200 feet from the nearest residential dwelling. b. All animals shall be boarded within a building at all times. c. No noise or odor shall emanate outside the walls of the building used as a kennel. d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a sanitary manner. 67. Manufacture Assembly Fabrication, and Packaging in OE Zone. Developments in the OE zone may include ancillary manufacturing, assembly, fabrication, and packaging uses to support the operations of a permitted or special permitted use on-site when all of the following standards are met. a. The maximum floor area dedicated to manufacturing, assembly, fabrication, and packaging shall be 50 percent of the ground floor area. b. No outside space shall be used for the manufacturing, assembly, fabrication, and packaging processes. 78. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication, or packaging contiguous to and associated with a retail space, provided the maximum floor area dedicated to manufacturing occupies 1,000 square feet, or ten percent of ground floor area, whichever is less. 9. Mariiuana Laboratory, Processing, and Production. a Mariiuana laboratory, processing and production are subject to the standards for marijuana-related businesses in subsection 18.2.3.190.B. b In the OE zone, marijuana laboratory, processing, and production are subject to subsection 18.3.2.040.D.7, above. 810.Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when all of the following standards are met. a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU zones shall be 50 percent of the ground floor area. b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive use by, a permitted or special permitted use on the property. c. Self-service mini-warehouses are prohibited. d. No outside space shall be used for storage, unless approved as a limited outdoor storage area. Ordinance No. Page 24 of 31 e Mariiuana Wholesale Marijuana wholesale storage is subject to the standards a-d in subsection 18.3.2.040.D.10, above, and the standards for marijuana-related businesses in subsection 18.2.3.190.B. 911 .Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special permitted use when all of the following standards are met. a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU zone; and 2,500 sq. ft. in the Cl zone, or 50 percent of the ground floor area of the building housing the associated permitted or special permitted use, whichever is greater. b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so the outdoor storage is the least visible from the street that is reasonable given the layout of the site. c. The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or a masonry wall from five to eight feet in height. d. The associated permitted use shall obtain a minimum of 50 percent of the employment density targets for the Croman Mill District. -1-012.Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings when all of the following standards are met. a. Facilities and structures that are accessory to a public park in the OS zone, including but not limited to maintenance equipment storage, enclosed picnic facilities, and restrooms. b. Public and quasi-public utility service building relating to receiving and transmitting antennas and communication towers are subject to the applicable provisions of 18.4.10. c. Public and quasi-public utility service building shall demonstrate all of the following. i. The need for the facility, present or future; and how the facility fits into the utility's master plan. ii. The facility utilizes the minimum area required for the present and anticipated expansion. iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan designation. 4-413.Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on property within the NC zone, all the following shall apply. a. Buildings may be enlarged or replaced subject to Basic Site Review Standards. b. Are exempt from the Dimensional Regulations per 18.3.2.050 with the exception of minimum side and rear yard setbacks abutting a residential district and maximum height. c. Are exempt from the requirements of part 18.4 Site Development and Design Standards, and the requirements of 18.3.2.060 Croman Mill District Site Development and Design Standards. Ordinance No. Page 25 of 31 SECTION 6 Chapter 18.3.3 [IIealth Care Service District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.3.030 Permitted Uses The following uses and their accessory uses are permitted outright. A. Residential and agricultural uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional counseling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City by ordinance. SECTION 7 Chapter 18.3.5 [North Mountain Neighborhood District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. C. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 26 of 31 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone10 North Mountain Neighborhood Zones" NM-R-1-7.5 NM-R-1.5 NM-MF NM-C NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units S S N P N AgFiGUItUral Uses R P p P S Home Occupations P P P P N Agricultural Uses, except Keeping of P P P P S Livestock - - - - - Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of Worship N N N S N Utility and Service Building, Public and Quasi-Public, excluding outdoor storage N N N S N and electrical substations B. Commercial Neighborhood Clinics N N N 42S N Neighborhood Oriented Retail Sales, and N N N P S N Services, and Restaurants - Offices, Professional N N N P S N Restaurants N N N P N Temporary uses N N N CU N C. Industrial Manufacturing, Light _ N N N S N Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. z Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; CI = Compatible Industrial, OS = Open Space. D. Special Permitted Us Use Standards. The following uses and their accessory uses are special permitted uses as listed in the Land Use T'~ rwble and arm c..bject to the- ro ' irerrferits of this section The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.5.050, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. ° Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. " Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. Ordinance No. Page 27 of 31 b. One accessory residential unit is allowed per lot, and the maximum number of dwelling units must not exceed two per lot. c. The proposal must comply with the lot coverage and setback requirements of the underlying zone. d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. aIn the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Marijuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A. 3. Community Services. a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet of gross floor area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 4. Manufacturing, Light. a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 5. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Neighborhood Oriented Retail Sales -and Services, and Restaurants. Each building may be up to a maximum of 3,500 square feet of gross floor area. 7. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Religious Institution, Houses of Worship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 9. Utility and Service Building, Public and Quasi-Public. Each building may be up to a maximum of 3,500 square feet of gross floor area Ordinance No. Page 28 of 31 SECTION 8 Chapter 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Greenhouse. A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enioyment or for subsequent sale. Homegrown Marijuana. Marijuana plants planted, cultivated, grown, and harvested by a person 21 years of age or older for personal consumption, whether for medical or non-medical purposes, or for a medical marijuana card holder. Medical marijuana grow sites located in residential zones shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing, keeping, or storage of homegrown marijuana. - Cultivation Area. The area within which marijuana plants are grown on a lot. The cultivation area is the total of the individual areas of the marijuana plants at maturity. The individual area of a marijuana plant is calculated based on an imaginary vertical line extending downward from the outermost tips of the marijuana plants branches to the ground. - Resident Grower. An individual engaged in the cultivation of homegrown marijuana for personal consumption, whether for medical or non-medical purposes, or for a medical marijuana card holder. Mariiuana. The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It does not included industrial hemp. - Medical Mariiuana. Mariiuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Mariiuana Act (ORS 475.300 - ORS 475.346). Grown and sold by registered persons and facilities with the Oregon Health Authority (OHA). - Recreational Mariiuana. Mariiuana used for personal consumption by a person 21 years of age or older. Mariiuana Plant. Immature and mature plants of the plant Cannabis family Moracae. Mariiuana-Related Businesses. Mariiuana-related businesses licensed by the Oregon Liquor Control Commission (OLCC) or registered by the Oregon Health Authority (OHA). Mariiuana-related businesses are organized into the following categories. Ordinance No. Page 29 of 31 Laboratory A laboratory that tests marijuana and marijuana items. Processing Processing compounding or conversion of marijuana into cannabinoid products concentrates, or extracts. Production Planting cultivating growing harvesting or drying marijuana. Medical marijuana grow sites located in non-residential zones that do not meet the definition of Homegrown Mariiuana shall be considered production for the purpose of this ordinance. Retail A business that sells marijuana and marijuana products to the consumer. Wholesale An operation that handles and distributes marijuana and marijuana products for the purpose of resale. - Medical Marijuana Dispensary. Any farility registered by the Oregon Health Authority under ORS 476.300 to 475.346 that dispense rnarijuana pursuant to ORS 476.314-. SECTION 9. Savings. Notwithstanding this amendmenthrepeal, 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 10. 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 11. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 12. Emerp_ency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder Ordinance No. Page 30 of 31 SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 31 of 31 CITY OF ASHLAND Council Communication January 5, 2016, Business meeting First Reading of an Ordinance Amending Chapters 10.68.400 And 11.08 And Replacing Chapters 11.24, 11.28, 11.32, 11.34 And 11.36 With New Chapter 11.26 To Update And Unify Parking Regulations And To Authorize City Council To Establish Presumptive Parking Violation Fines By Resolution FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY: This agenda item is the first reading of an ordinance the Council identified as a priority in its January 5, 2015 Study Session discussion of potential updates to the Ashland Municipal Code. Passage of this proposed ordinance would (1) update multiple ordinances affecting parking and obstruction of City right-of-ways and consolidate them into one section of the Municipal Code; (2) clarify that responsibility for setting parking fines is reserved for the Council; and (3) authorize the setting of parking-related fines by resolution. BACKGROUND AND POLICY IMPLICATIONS: This proposal to revamp the parking -related provisions in Ashland's Municipal Code began with the Council's review of the City's parking fine policies. Ultimately, the Council determined it was time to reorganize and update most of the Code provisions pertaining to parking and obstruction of the City's rights-of-way. It became clear that the problem of persons parking in restricted zones is one of several parking -related issues. For example, AMC 10.68.400 specifically addresses cars blocking Calle Guanajuato. But that problem is not appreciably distinct from the problem of cars blocking driveways or alleys anywhere else in the City, which is presently addressed in AMC 11.24. There are other ordinances that variously address such matters as stored vehicles and objects obstructing rights of way that set forth rules for specific situations that could be addressed in more general ordinances addressing parking issues. After considering the City's variety of parking and right-of-way ordinances and violation penalties at its June 2, 2015 Business Meeting, Council directed staff to update and consolidate these ordinances to make them easier to read, easier to comply with, and easier to enforce. Staff, including law enforcement, parking enforcement, and the City attorney's office, conducted a comprehensive review of the ordinances and proposed the changes described below and embodied in the proposed ordinance. The goal was to achieve the Council's directive while ensuring that any changes would mesh with and clarify present interpretations of the City's parking ordinances and enforcement practices. AMC 11.24, 11.32, 11.34, and 11.36 which, respectively, regulate Parking Regulations, Abandoned Vehicles, Stored Vehicles, and Impounding Vehicles, are restated (largely patterned after the City of Page I of 2 MALkall CITY OF ASHLAND Medford parking ordinance but individualized for Ashland's circumstances) and consolidated into proposed Section 11.26. The proposed ordinance would also merge current AMC 10.68.400 for Calle Guanajuato into the new, consolidated Section 11.26 and treat it like any other street or driveway. AMC 11.08, providing definitions which pertain to the various parking and right-of-way ordinances, is also revised and supplemented. A special section in the restated AMC 11.26 is devoted to the Council's original concern for parking violations within restricted parking zones. The current municipal code sets forth in Sections 11.24.100, 11.28.110A and 11.28.120 specific dollar amounts for penalties for multiple parking violations, for enhanced penalties for ignoring parking tickets, and for a parking fine surcharge. Current code also specifically authorizes impoundment, immobilization by parking boot and towing as means for dealing with parking violations. But current code does not set the amounts for simple, one- time parking violations and does not state who has responsibility for setting those amounts. The current $7 fine for a simple overtime parking violation (to which is added a $4 parking surcharge for parking improvements) apparently was established by a former municipal court judge more than 30 years ago. The proposed ordinance amendment would allow the fines for parking violations to be set by Council resolution. Including parking fines in the master fee schedule approved by resolution annually would encourage regular review of the appropriateness of the amount established for presumptive and other parking-related fines. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Passage of the ordinance is likely to result in improved efficiencies for enforcement and a modest increase in Ashland Municipal Court revenues from parking fines, although the expected primary benefit will be a reduction in parking violations, especially in the downtown area. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance. SUGGESTED MOTION: I move to approve First Reading by title only of an ordinance titled, "An Ordinance Amending Chapters 10.68.400 and 11.08 and Replacing Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 with New Chapter 11.26 to Update and Unify Parking Regulations and to Authorize City Council to Establish Presumptive Parking Violation Fines by Resolution." [with the following changes...] and move the ordinance on to Second Reading. ATTACHMENTS: Proposed Ordinance Page 2 of 2 OW 17441-1 AN ORDINANCE AMENDING CHAPTERS 10.68.400 AND 11.08 AND REPLACING CHAPTERS 11.24, 11.289 11.32, 11.34 AND 11.36 WITH NEW CHAPTER 11.26 TO UPDATE AND UNIFY PARKING REGULATIONS AND TO AUTHORIZE CITY COUNCIL TO ESTABLISH PRESUMPTIVE PARKING VIOLATION FINES BY RESOLUTION 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, over a period of years, the City of Ashland has adopted parking ordinances in multiple chapters of the Municipal Code, some of which now seem redundant, incongruous, or difficult to decipher; WHEREAS, penalties for violations of various parking-related regulations currently exist in un- reconciled multiple chapters of the Ashland Municipal Code and penalties for one-time parking violations are not expressly addressed in the Code; WHEREAS, establishing parking violation penalties by ordinance restricts the flexibility of City Council to readily modify penalties as circumstances change; and WHEREAS, City Council has the authority to determine the amount of a presumptive fine for each type of parking violation and can exercise that authority in an expeditious manner by resolution. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.08 Definitions is hereby amended to revise or add provisions as set forth below: Section 11.08.010 Definitions - Generally in addition to these definitions eentained in the adopted seetions of the meter- vehiele laws of b Ofegon, the following wofds of > ° defined as follows it this ehapter Except where the context clearly indicates a different meaning, the words and phrases in this Title 11 have the meanings ascribed to them in the following sources and, in the event of differing definitions of particular words Ordinance No. Page 1 of 21 or phrases, in the following order of priority: (1) the motor vehicle laws of Oregon; (2) this Section 11.08.010; or (3) common usage. Seetion 11.08.080 A. "Block" means Aa segment of street bounded by consecutive cross streets or intersecting streets or land designated as a block on any recorded subdivision map. Notwithstanding -theabove, for -purposes of Chapter- 11.24 a bloelr, shall also inelude In addition, "block" also means the Plaza area bounded by and including, East Main Street, North Main Street, and Winburn Way. For purposes of this definition, an alley is not a street. B. "Block Face" means one side of a particular block, but not the opposite side. C. "In Front of or Contiguous to" means the right of way directly in front of and on the same side of the street of the real property of the vehicle owner or the owner's designee and also includes 22 feet in any direction from the point where the lot line of such real property intersects the right of way. "Contiguous to" also means in the nearest parking bay in the right-of-way in either direction and on either side of the street from the real property of the vehicle owner or the owner's designee. 1. "Owner's designee" means that person responsible for placement, or allowing for or assisting in the placement of the subject vehicle. D. "Official or Officially" means established by the City, state, or federal government or its designee acting to create, authorize or permit according to its lawful authority; E. "Owner or Owner of a Vehicle" means the person listed as the owner of a vehicle in the records of a state department of transportation. F. "Oversized Vehicle" means any vehicle, whether motorized or non-motorized, that exceeds 22 feet in length, or 94 inches in width or 92 inches in height. Any extension caused by any accessory, with the exception of side view mirrors, trailer hitches or roof racks, attached to such vehicle shall be considered part of the measured distance. As used in Title 11, the term "oversized vehicle" includes all buses, tractors, semi-trailers, motor coaches, trailers, campers, camper-trailers, house-cars, trailer coaches, trailer houses, motor homes, boats horse trailers, mobile homes, utility trailers, and other equipment or machinery, or other recreational vehicles regardless of width, length or height. As used in Title 11, the term "oversized vehicle" excludes automobiles, pickup trucks, sport utility vehicles and passenger vans that would not exceed 92 inches in height but for aftermarket suspension system modifications or oversized tires. G. "Parking Violation" means violation of any parking prohibition, limitation or regulation of the City of Ashland or the State of Oregon. H. "Personal Vehicle" means a vehicle other than a Commercial Vehicle as defined under ORS 801.210. 1. "Rental or Leasing Company" has the same definition as defined in ORS 221.275. Ordinance No. Page 2 of 21 J. "Vehicle" means any device, or substantial component thereof , that is propelled or powered by any means in, upon, or by which a person or property is or may be transported upon a public highway, including trailers and campers. SECTION 2. Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 are hereby repealed in their entirety as shown below in order to be replaced and restated in a consolidated, revised version in new Chapter 11.26 set forth in Section 3 hereunder: Chapter 1424 PARKING REGULATIONS SECTION 11.24.010 Alethod of parkin A. No peirson shall stand or- pa . hiele in a Street -f th. parallel ♦11th the d~ of V1111. C--CLCN 11 ZiI the madway, headed in the direetion of Nwful tr-affie movement, and with the eur-bsid-e wheels of the vehiele within twelve (12) inehes of the edge of the efurb, exeept ",here the street is mairked or- signed for angle pairking. B. Wheire parking spaee markings are pitteed on a street, no person shall stand or park a vehiele other- than at the indieated direetion and within a single Marked spaee, unless the size or- shape of the vehiele makes eomplianee impossibk- C. if the owner- or- driver- of a vehiele diseover-s that the vehiele is par-lied immediately front of or elose to a building to whieh the fire department has been summoned, he shall. Aintely mmove the vehiele from the area unless othef-vvise direeted by poliee or.- f SECTION 11.24.015 Vehiele Defined As used in the Ashland Munieipal Code, the term vehiele shall inelude the teirms trailer- ana SECTION 11.24.020 Prohibited parkin in addition to the pirovisions of the motof vehiele laws of Ofegon pirohibiting par-king, per -son "hall f par-k: A. ' or- other- elevated struetur-e used as a street ojF within " k street tunnel it this Cite' unless w.irked o "dim"e" " thet"`_....,.. •11111111 street LUllll ' B. A vehiele in an alley exeept to load and unload persons or- mateirials not to exeeed twenty (20) eonseeutive minutes in any two (2) hour per-iod~- C. Avehiele upon a street for- the pr-ineipal purpose of: 1. Displaying the vehiele for- sale; • ' ' emer-geney; of 3. Selling merehandise from the vehiele exeept in an established mar-lied plaee of. when so authorized or- fieensed under the or-dinanee of this City; • authorized; Ordinance No. Page 3 of 21 E. A v\.llll.le Ul./Vll private property ♦t 1111V eharge of the private property; F. A vehiele within any area marked off by yellow paint upon the street or upon the 1557 S13, 1968) . G. A velielEe or any part thereof upon a sidewalk or bieyele path. (Ord. 1071 c1 I" H. Or JI(111U or JIVI/ K Ll UI.II or VUJ on a publie street or in a public parking ftreft With its engine running, if sueh engine emits exhaust fumes into the air. Vehiele eng shall be turned off when loading and unloading passengers or merehandise. 1. An engine running for less than five minutes-. 2. A vehiele in the moving traffie lane waiting to move with the nor-Mal flow o tra€€re. 3. An engine needed to operate equipment used to load or unload mer-ehandise-, 4. Trueks under 2, and buses with a-earof fifte passengers or less, or- engines of whieh must run to perform needed work. SECTION 11.24.030 Use of loading zone No per-son shall stop, stand, or park a vehiele for any purpose or length of time other tha-n for the expeditious unloading and delivery or pielkup and loading of materials, freight,--" passengers in a plaee designated as a loading zone during the hours when the provisim- applieable to load' _ re in effeet. in no ease shall the stop for loading n unloading of passengers and personal baggage exeeed five (5) minutes, nor the loading un'oading of materials exeeed fifteen (15) minutes. SECTION 11.24.040 Use of passenger loading zone No person shall stop, stand, or park a vehiele for any purpose or length of time other th for the expeditious ioading or unloading of passengers in a pinee designated as a passenger loading zone during the hours when the p ppheable to passenger loading zon ffeet are in SECT-ION 11 74050 Buses Taxicabs Generally stand, The driver of a bus or taxieab shall not stand or park the vehiele upon a street in a business respeetively, . . n shall not prevent the driver of a taxieab from temporarily stopping for t purpose of and while aetually engaged in the loading or unloading of passengers. SECTION 11.24.060 Buses Taxienbs nestr;-eted-stand use stop, No person shall stand, or park a vehiele other than a bus in a bus stand or other tha* stop for the purpose of and while netually engaged in loading or unloading passengers when the stopping does not interfere with a bus or taxieab waiting to enter or about ester the zone. Ordinance No. Page 4 of 21 SECTION 11.24.070 Aloving vehiele if a vehiele is moved and r-e par-ked within the same Weir., as defined by AIN4C • , the time period shall eontinue to run. SECTION 11.24.090 Exemption The pirovisions of Chapteirs 11.24 and 11.28 regulating the parking or- standing of vehie shall not apply to a vehiele of a State Ageney, City department or publie utility neeessar-ily the > transportation, oir delivery of the United States mail. A. Loading and unloading of vehieles shall be permitted as provided in the Ashland Munieipal Code. R. A Speeial Permit may be granted by the City Administrator, or- designee, when substantial evidenee is submitted that demonstrates that an exemption from the two or four hour time limits for parking is neeessavy based on the size or- eomplexity-4 a delivery or for the safe and eonvenient plaeement of eonstr-uetion, repair oF site. C. The Speeial Permit must be prominently displayed in the vehiele while parked in the restr-ieted par-king area. Alehieles displaying the Speeial Peirmit shall be exempt from the provisions of Seetion 11.24 and 11.28 eoneer-ning two or four hour- par-king limitations, but must abide by all other- tr-affie and par-king regulations, ineluding par-king loading zone parking time limits. SECT-!ON 11.24.100 Colleetionv,-Enhaneed Penalties; Appeals The Munieipal Judge or City eontr-a parking enfor-eement pr-ovider- is authorized to assign any and A unpaid eolleetion of the penalty provided for sueh violations. The penalties for parking violati Wed in the Ashland Alunieipal Code shall be enhaneed in eaeh ease when the defendant fails to appear or post bail within the time required by the eitation fts fOlloA,s: A. When the defendant fails to appear or post bail within ten (10) days of the due date thereof, the penalty shall inerease by Ten Dollars ($10.00); B. When the defendant fails to appeaf or post bail within thirty (30) days of the dH-e date thereof, the penalty shall ineirease by Thirty Dollars (S30.00). C. When the defendant fails to appear or post bail within fifly (50) days of the due date thereof, the penalty °1'^11 ; e by Fifty Dollars ($50.00)-. Ordinance No. Page 5 of 21 A defendant who fails to appear- or- post bail within the time required by the parking initial par-kingviolation or penalty enhaneement previously imposed. Any, fines or- peftatty enhaneements that have not been paid to the eontraeted parking enforeement provider- shall be deemed a debt owed by the defendant to the eity. Any person that eontinues to o money te-the eity, foir more than 50 days under the .ri of this ehapter- may, be Notwithstanding any, other iremedy, provided in this > ineluding immobilization, towing a default judgment may, be taken by, the Couirt following any, failure to appea warrant, 2/lit A V C anct plus $10.00 1-v 21 C(1 it A VC 51 or- more dkw 7,T",eket eost pft"50--w This tabble does not inelude the -I-AFuul't;qpj'w tieket penalties under AA C I surehafges or- other- fees authoirized under- this ehapter. Chapter ll.-M RESTRICTED PARKING AREAS SECT-!ON 11.28.010 Pa king time limits Parking time limits shall be established by traffie regulations pr-omulgated and published by the City Administr-ator- as authorized in seetion 11.12.020. SECTION 11 74 020 Tire Markings No person shall obliterate or- eoneeal any marking by, a poliee offieer, eode eomplia"ee par-king offieer of the tire of a vehiele for- the purpose of pr-eventing the poliee offieer, eo eomplianee of parking offieer from deter-mining the length of time that said vehiele has been par-lied. Tire markings is a Class 13.1 violation. SECTAON 11.28.050 Effeetive hours hour" The parking regulations deser-ibed in Seetion 11.28.060 are in effeet between the &30 a.m. and 5230 t I lay, exeept Sundays and other- legal holidays. SECTION 11.28.060 City, Parking Lot. Par-king in the parking lot owite-d by the City immediately, adjaeent to the publie library,- whieh is on the southwest eor-ner- of Gresham Street and East Main Street, is limited to tw-o hhours. SECTION 11.28.070 Parking on one side Vehiele parking prohibitions on one side only, as defined and provided by, Chapter M shall be imposed on the following streets: Ordinance No. Page 6 of 21 T. ast side of Ml:ahtman Sheet from Sis iiyou to Mleb-ster-; est side of Br-id 7 Mount i f Ave", an~bleld, from Sis-kiyou to lown; west side of pal- from end of e :st;,,,g time limit par-king near- Siskiyou to lowa; west side of Clen-wood Dirive from Pleasant to Ashla Street; west side of Elkader- &om Feim to Ashland Streets; and the south side of Lee Str Exeept where, by appiropr-iate iarking as provided for- in Chapter 11.24, t "str-ietions are designated ot11°" .,:rte SECT-!ON 11.28.07-5 Parking on both sides Vehiele parking prohibitions on both sides of the street, as defined and provided by Chapter 11. 24, shall be imposed on the following . A. East Alain Street betwe n Lithia Way and the Southern Paeffie Railway right of way; R. AA linb rn Way from the bands1"'11 to the " 1{ l_ B. upper -a a c ` ueli li~ pvaau. Except where, by appropriate signs or marking as provided for- in Chapter 11.24, the restr-ietions are designated othenvis-e. SECTION 11.28.080 u""U;"" Violation Prohibition A parking violation is a of ation of any parking prohibition, limitation limitation Vl regulation of of t {ll City of Ashland. A vehiele parked in violation of this ehapter- shall have a notiee of violation •,ttaehed to the vehicle and the owner- "tor- of the vehicle shall be subject to the penalties provided in Seetion 1.08.020 and this ehapter-, and may be subjeet to t . . ling of sueh vehiele as provided in Chapter- 11.36. A person who eommits a par-lung violation may not suffer any disability or legal disadvantage based upon eonvietion of a erime. SECTION 1 1.74• ll non [liol ation Responsihit l {y in the trial of any alleged violation of this f the registered owner of the vehiele s-o pairked shall be presumed to be the person in ehar-ge and eontr-ol of sueh f shall, presumption f defendant. be irebuttable by the SECTION 11.28.100 Parking hours Seetion 1 1 28 0 70 The par-king regulation described in Seetion 11.28.070 is effeetive between the hours of 8: a.m. and 4!30 p.m. eve", day exeept Sundays and other- legal hofiday-,-. Ordinance No. Page 7 of 21 SECTION 1 > 28 1 ne Parking hours ceetion 11.28.075 The pairking regulations deseribed in Seetion 11.28.075 shall be in effeet 24 hours per- , seven days per- week~ SECTION . Penalties for- parking violations, immobilization, towing, show eftuw.. and warrants A. Fine. Fines shall clud a the wriginal tideketed amount n well any han eed l~Il li {{ll {.ll a pefson who eommits three or four --l-ing violations in penalties. addition, ale d ar shall n . dditional fine of $25 nd n year any , Zl person i who 1.V 111la11{J five or more parking violations in any ealendar year shall pay an additional fine o S50 for eaeh parking violation the, that year. Multiple Violation Penalties* R MM." 3 violations ions violatiotts e$A 5 or more *This fines, penalties, enhaneed f or other fees authorized , 11d1d"• this ehapter. 1R. immobilizer (boat) installation and /or Td..a n (1) When a driver, registered owner, or per-son in ehar-ge of n motor- yehiele h c either (1) five or more outstanding unpaid City of Ashland parkingviolations any number of motor- f violation, or (2) a Ci", of Ashland par-king or any number- ofsueh~ violations, it,h_a tota 1 unpaid bnlanee that exeeeds 5250, involved, regardless of the number of motor vehieles then any poli or par-kin enforeement offie , or- eontr-aeted par-king enfor-eement provider- of the City is , ,1 ~ immobilize -T-RGh 71- Tl - motor IlL--Vr authorized, eted and empowered t toi Zh l .ahieles found upon a nblie street o city off street n ruling lot by-inst.,laaal;.,aadr IIIJ{1{~ Vll oir attaehing-te the-motor- vehiele a-deviee designed to r-estr-iet the normal movement of the • in the alteirnative, or in addition to immobilization-, i or aftci- 24 hours has c1 rnt3Scdud, any por 1i king cilr fvTCC t ozir ff'cc e1• clr zrrr ~rr--r[-c~ 6 lrcir~ - direeted and eontraeted par-king enforeement provider of the City is f towed, ntraet with the City on the City' ntraetedl parking enforeement sol_ iee as applieabk- f (2) For of this etio", bail or fin shall he outstanding elT tat•UCivil ii it via the eitation is issued and shall remain outstanding until the bail is posted or- the paid, fine"i (3) Ten days before immobilizing or towing a vehiele neeording to the provisions o this seetiet the City, or the City' ntrneted parking nfa nt mail, seni - shown as r.~ by t {lla. et„ nt requested, to the registered owner of eh ` eh1ela as srrv.. he motor rwor-ds of the Oregoft Motor- Vehieles Division notifying the owner that l'' 1 ehieles m he obililed an /or towed ten days after the Ordinance No. Page 8 of 21 date of mailing the notiee herein foiF failure to pay outstanding parking bai fines. (4) if the vehiele is so immobilized, the person who installs or attftehes the de the eity, advising the owner-, dri ion in ehairge of the vehiele that it h 1/V been immobilized pursuant to this seetion and that release of the vLllll-ll. may the outstanding balanee owed to the eontmet obtained upon fall payment of parking enfor-eement ser--,,iee provider, The notiee shall also speeify that t ,vehiele is subjeet to tow. (5) in the event the vehiele is the 7ersen who orders the shall r nil y towed, rtified mail, retttm r nt requested, `t "tie" "wising the r istered owner- A4 the la' 1 that it h be n to ed pursuant to this Atio and that ~ release Vl 4 f tH I111. vehiele may be obtained upon Feeeipt by the towing eompany of full payment of the outstanding balanee owed. " expense of the owner or person entitled to . if the vehiele. Peirsonnel-, n filer A ntt.aet with the Oita, or the eontraeted parking enfolreement se ler may be used for the iremoval and storage of the vehiete-. C. Warning Letter, Show Cause, and War-r-ants, (1) Warning Letter, The Ashland Alunieipal Court ma~ ehoose to send a war- letter- by first einss mail inform ng the defendant they have outstanding parking IP-Ckl-,Q.e order- and warrant. (2) Show Cause. The Ashland Munieipal Court may ler- that reqUires the defendant to appear and show eause why the defendant should not be in eontempt of , ordered ineluding eontempt for failure to appemF as vl failure to eomnl. The show a A order- shall be mailed to the defend nt by no less than ten days pirior- to the mail, eer-tified requested, return reeeipt date; alternatively y be made by any other ireeognized appeamnee . method, sueh as personal serviee aeeording to the same (3) NAlairrant. if the defendant is sem,ed and fails to appear at the time speeffie the sho.~ease arde' the defendant the eouipt st wainrant for- th for- the puirpose of bringing the defendant before the SECTION 11 28.120 Parking Fine Surehafge There shall be a surehar-ge of four dollars (S4.00) on all pai!king eitations issued within City of Ashland. All revenues rveeived shall be segregated and used only for- meeting de on bonds issued Mir parking improvements, leases, and/or- future par-king !ments and studies. Ordinance No. Page 9 of 21 Chapter 11 -.32 ABANDONED VEHICLES S CTIONs: SECTION 11.32.010 Definitions G"Abandoned » means any vehiele that has been deserted or relinquished without elaim of owneirship. A vehiele shall be eonsidered abandoned if it has remained in the same loeation for- moiFe than 72 hours and one or more of the following eonditions exist: Thevehiele has an expired registration stielier or trip permit affixed to f ?l The vehi1" appears to be inoperative " `isab1"'1.f The ra~ula, 3) The vehiele appears to be 7 pairtiaily dismantled or junked, G"Chief of ff means the per-son holding the position of ehief of poliee of the Ashia poliee department, or- any agent, employee, or designee authorized to perform the duties of this ehapter by the ehief of poliee. C. "Diseardelf" vehiele means any veehinCie ior t th---- f --,h;eh is in one or- moire of folio-wing eonditions: f `l \ Mlle-eelie r f ) Dismant-ted-; 4) Partially dismantled-; 5) junked; Disearded vehieles may be deemed to inelude major parts of vehieles ineluding but no limited to bodies, engines, transmissions and r-ear ends-. cc DVehiele" means eve", devi i • f f of by whieh any person or property is or may highway, and ineludes any hulk o be transported or dr-awn upon any street or property, The open accumulation and storage of abandoned or disearded vehieles are hereby fou to ereate a eondition tending to ireduee the value of private to promote blight, unsightliness, deterioration and hazards, to ereate fire ereatixg inseets and to be injurious to the health, safety and generni welfare. There€cret presenee of an abandoned or disearded vehiele on private or publie property is hereby l _Hs of this ehapter, SECTION 11.32.030 Prohibited Aetion it is unlawful to park, store, leave, or- permit the parking or storing of an abandoned oir disearded vehiele upon any publie or private property within the eity foir a period of time in exeess of seventy two (72) hours unless the vehiele is (1) eompletely enelosed within-ft Ordinance No. Page 10 of 21 bu lding, . !7l stored oetion with a business enterprise allvoy` ing outdoor- s at„y-W R-rrr~ vuluvVl lvl u~a, and lawfully l eensed by the City- SECTION 11.27.040 Penalty, Aliolatiion- o this a pteir is a Class 11 violation, punishable inz-e eeor-d nee with A MCC 1.08.020. SECTION 11 21 050 Not1ee and Towing of Abandoned Veh:elos z~a or lessee of pr-opeirty upon whieh if the owner of the > owner, private piropeirt), the vehicle shall be towed and disposed of i r.la.yee with ORS 819.110 through ORS 819.- The Chief of Poliee m ` esignate anremployee, duties required under- this ehapteir and the applie in s of state !aw. Chapter M-34 S CTIONs. SECTION 11.34.010 Purpose whether- the City has a fee, easement, or- otheir legal interest in the Aght of way. The use of the City's right of . - rally prohibited pursuant to AMC 13.02.040, whieh stak. that c"no per-son or- entity may oeeupy or- ener-oneh on a publie right of-way without t City p . • on of the e;ty,» The purpose of this ehapter is to regulate on the City '-s T~.y yyyyJ m"-parking a ' right of way to pr-event the right of way from being used to stoire personal vehieles and outdoor- and indoor stoirage faeffities proper-ly zoned and permitted for sueh storage use-, and not in publie right ofway. SECTION 11.34.020 Definitions GG1 front ontiguo-us to the--vehiele-owne-> s dwelli g" Foir purposes of this of or- L"in front oF' means the right of way dir-eetly in front of and on the same side Of owner' ordinanee the street as the s dwelling and between the lot lines of the pr-operty on whieh t dwelling is loented. For purposes of this ordinanee G"eontiguous 1f means touehing either one of the owner-' T r lot li les the ;.le of the sty et at the point wrll~hll the lot l t same ull. inter-seets the right of way and extending away from the lot line in either direetion in t G"eontiguous 71 right of way not more than 22 feet. For- puirposes of this or-dinanee means in the nearest parking bay in the right of way in either direction and on either si of the street from the y eh.ele owner' s r-esidenee. cc-vre`rsized vehiele"t an oversized re iele is any yehiele, whether- motorized o -iivri- e IAny motorized, that a eds 22 feet length, 94 inehes in width or 92 '„ehlll.ll l.a 111 height. A extension eaused by any neeessory, with the exeeption of side view mirfor-s, trailer- hitehes • or roof raeks, attaehed to sueh vehiele shall be eonsidered part of the measured Over-sized vehieles shall also inelude all buses, traetors, semi trailers. motor eoftehes, Ordinance No. Page 11 of 21 > eampef trailers, house > traileir > trailer houses, motor- , boats horse trailers, mobile homes, utility trailers, and other- equipment or maehine",, mr other reerentional vehieles regardless of widths length oiheight, , tr-neks, spor-t utility vehieles and passengeir vans that are over- 92 inehes ift height will not eonsider-ed over-sized v.phie-l-PS when they exeeed the height limit solely due to t of the s stem or the addition of oversized tires edif;eation V U111t. [l {1V11 of {1■ . 111 "Personal Vehiele": motorized vehieles that are wvvned and used by households personal transportation, suehvehieles inelude automobiles, station Wagons, passenger- vans,, • and similar- vehieles. SECTION 11.34.030 Stored Personal Veh ieles Prohibited It is unlawful 1V1 an), pli1 JVl1 { way: A. For- more thaft seventy two (72) s, ^ B. in a manner that results in the auumulation of debris around or under- thevehiele oir M* a eondition that prevents it from being dr-Wen, naC~FldiHg~rat tires; [v T C. For more than seventy two hours, and D. 1 personal Th.11 e ` eh„ele is be1ftg L items in or- on the yel„ele T• it aV1lJ {a{U{ r1 1111N 1La ~.1{. ^ f ^e;e liald{.lll. of s Jte1•^fe of a eh.;ele if the . eh„ele meets the Lt shall {.st;t,,te {i 1/enee V of eriteria in paragraphs A & B oir C & D abovew- Any vehiele parked on the right of-way within the City 111 violation is eetion may be treated as an abandoned ehiel 111{11111 {lll. Vl{,' Vl „f { th111J pursuant te~AMC 1-}.2 or pursuant to AMC 2.31. Violation of AMC ' 1.34 iStnred Personal Veh:eles D..oh ibitedl ^ Class 11 . el^tio l~ SECTION 11.34.040 Stored Oversized Vehieles Pirohibited . f It is unlawful auy >,Ua,.1,n v oi J store a Oversized yeh iele on any „hl:e right a { afor- u ~J~,iwn { to V lJ way exeeptaspr-e-ided in this chapter. it shall of a Oversized Vehiele if the Oversized Vehiele is not within the exeeption in AMCC 11.34.050. Any Over-sized Vehiele parked on the right of way within the City in violation of this seetion may he treated as an abandoned -vehicle -pursuant to AMC t11.32 or --abated pursuant to AMC .31. Violation of 11.34.040 Over-sized Vehieles SECTION 11.34.050 Exeeptions for Over-sized Vehieles An Oversized vehiele may be legally par-ked on the publie right of way in front of eontiguous to thevehiele owner' s dwelling, provided it meets all of the following eriter-in: A 11~d for two (77) ha s. A. 7J not { 1 iJ 1a111 more than seventy , Does not eonstitute a hazard to traffie on the publie • , Does not r-estriet vis on of motoirists on the publie C. , D. L VVJ{l DonnV{.J not t obst11 Uel-{ tvl{, w f1 a otherproperty; E. • , F. attaeh ed to {V ^ .ehlele if required farmovement of the oversized v nh„ele C. 1 Ll{{[lvllVU . Ordinance No. _ Page 12 of 21 To eomply with the seventy two (7hour time restriction, n over-sized ve iele'-must - - moved more than one hundred (100) feet from the parked loention in whieh the seventy- two (72) hour- time period has expired. CHAPTER 1 1 26 MIPO rNDING vEu1C ES 1Z~ 14.36.010 impounding of vehiele As provided in this seetion, a vehiele may be removed by a poliee offieer without prio notiee and taken to a gairage, parking lot, or otheir suitable storage plaee and there liept until an applieation for its redemption is made by the owner or an authorized agent. A- vehiele may be removed whew A. The vehiele is illegally parked on a publie street in a - ly restrieted spaee, zone oir traffie lane ",here parking is limited oir prohibited to-designated el-ass-sess of ive-hieles or periods of time, or at anytime when the vehiele interferes with the intended use of sueh zone, f other reasonable disposition of the vehiele was available-,oir l• A 1JVlll.l~ V1111. A police off"e41 1"r "vllJVll11abV ly believes the vehi" 1" operator ` oes not p V operator's lieense and either: 1. is driving uninsured; o 2. Has failed to transfer title of the vehiele, register- the vehiele, or earry a valid registrati eard. it• The 'The . "1';"1 •~41111.11~ " was laJ VlJVl[11vU by operated by a per -son UUI.I the under the ,.flume" of ;"toxieant° violation „f L nnc 813.010. A vehiele impounded pursuant to this seetion shall be held at the expense of the owner o person entitled to possession of the vehiele. Personnel, equipment and faeilities of the eity or private tow eompanies may be used for- the removal and storage of the vehie 11.36.015 Post impound Notiee After a ,.a.aaaa has v1.;a...1a, has 1. ; . pursuant to r ^tion 1 1.2( 01 n notiee shall be provided Aa1a,a,a,aa aiuJV Uaa ja.ed u _ owner, to the registered 1 indieating.A. The 1"""t;"" of the 1„'1';" 1"' , That V7T 1T(Cmh the in favor of th ham. to ed and storing the TCTeTI - VI fITl~l c ' the per-son who vehiele; mat the vehiete may be se at px>lie aue-tion to satisfy the lien; and D. That a henfing on the validity of the impound may be held, if requested within five ealendar days of reeeipt of notiee by the owner. 11.36.020 Redemption A vehiele whieh has been impounded under this ehapter- may be released to the registered owner or legal owner, if different, or to the per-son operating the vehiele at the time of impound4ft A. The owner or driver of the vehiele has paid all of the neeirued to"ing and storage , Ordinance No. Page 13 of 21 unless othe1= ,ise ordered by the hearings oMeer and B. hold, The Poliee Department has released its ✓'Z/Ii the .'ellll.l V• 11.36.030 Sale A. if the vehiele is not redeemed within thirty (30) days, then it shall be sold in neeordan with the applienble . . . elating to the sale of abandoned vehieles; or B. If a t, 3-took the vehiele into eustody, it shall have a lien on the vehiele for the just and reasonable towing and storage eharges, may r-etain possession of the vehiele until lien that attaehes to the vehiele shall be a possessory ehattel lien in fleeor-danee with ORS 87.142 nnd hall befaieelosecin the provided -ORS 87.152 to 87.212. if the . . . A value of the vehiele is S750 or less, thevehiele shall be disposed of in the Manfle.r In provide ORS 819.22-W 11.36.040 Hearin The ownerst request " hearing within five ealendar days after reeeipt of the no 11.36.015. The request may be made in " TJC/ia 111 1;1-:.'l Lllllg to the Chief of Poliee. Failure to make a time!), request for- a hearing shall eonstitute a waiver of the right to a hearing, B. Hearing Pr-oeedures. " hearin g shall be held before a hearings 1. When timely request fomade, ul iu~o ofvi ee 2. The hearing shall be set and eondueted within 72 hours of reeeipt of the , exeluding holidays, Saturdays, and Sundays. The hearing ean be set for a lateir date if the- • 3. At the hearing, the owner may eontest the validity of the impoi 4. The eity shall have the burden of proving by a ,le a the aliditr, of the C. -eeis-ion of the Hearings offiea••, if the hearings offieer finds th shall: 1. impound of the vehiele was proper, the hearings offieer- Ent` r a order- supporting the removal; • mW zrllu b. Find that the owner or- per-son entitled t is liable for any towing and storage barges r ulting from the impound. shall; 2. Impound of the vehiele was impiFopeiF, the hearings offieer Order the h' 1 1 ed to the owner- entitled to r. b. Find that the owner or per-son entitled t . is not liable for any to i ig o.r forage eharges r ulting from the impound; and e. Order the eity to safisf~, the towing and stoirage lien. 2• The .7eeision of the hearings off;eer is find - 1111 [ll• 71 Failure to Appear at the Hearing. if the saziag the pefson t' heui iig u Ilvao s not t a uYeft lia...~ at the seheduled hearing, the hearings offieer may enter- an order suppoirting the impound and assessment of towing and storage eosts; SECTION 3. New Chapter 11.26 as set forth below is hereby enacted as a replacement for repealed Chapters 11.24, 11.28, 11.32, 11.34 and 11.36: Ordinance No. Page 14 of 21 11.26. 010 Application of State law The requirements in this Chapter 11.26 are to be applied in conformance with ORS 221 275, ORS 221 277, ORS 221.285-221.287, and ORS 221.333, which are incorporated herein by reference. 11.26.020 Prohibitions In addition to the parking prohibitions in the motor vehicle laws of Oregon, no person shall: (1) Except where the street is marked or where officially indicated otherwise, stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb or, if no curb, as close as possible to the edge of the shoulder; (2) Park on a street or in a City parking lot in a manner or at a time prohibited by official suns; (3) Park on a street or in a City narking facility larger than the time specified by applicable official parking suns: (a) The period of time so specified shall begin when the vehicle is parked in a particular limited time zone on a particular block face; and (b) The period shall be terminated when the vehicle is moved and parked on a different block face, at which time a new period shall begin as stated in (a); (4) Park so as not to be entirely within the painted lines of a single parking space; (5) Park within an area marked off by traffic markers or by painted curb or pavement; (6) Park within 10 feet of a fire hydrant or within 30 feet of a fire station; (7) Park in a street intersection, including the area used for crosswalks, or upon a sidewalk, or upon a bicycle path; (8) Park upon a bridge, viaduct, or other elevated structure used as a street, or within a street tunnel, or upon any parkway, unless marked or indicated by official signage otherwise; (9) Park across or within the entrance to an alley or driveway; (10) Parkin an alley, except to load and unload persons or materials for not longer than 20 consecutive minutes in any 2 hour period; (11) Park in an unimproved portion of the front setback of any structure in any residential zoned district; (12) Park on any public right-of-way with expired vehicle registration; (13) Park with the principal purpose of: (a) Displaying the vehicle for sale; (b) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency; or (c) Selling merchandise from the vehicle, except in an established marked place or when so authorized or licensed under the ordinances of this City; or (14) Park, stand or stop a truck or bus on a public street or in a public parking area with its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be turned off when loading and unloading passengers or merchandise. This subsection shall not apply to: (a) An engine running for less than five minutes; Ordinance No. Page 15 of 21 (b) A vehicle in the moving traffic lane waiting to move with the normal flow of traffic; (c) An engine needed to operate equipment used to load or unload merchandise; (d) Trucks under 12,000 GVW and buses with a carrying capacity of fifteen passengers or less; or (e) Emergency vehicles, utility company vehicles, or any construction and maintenance vehicles which have engines that must run to perform needed work. 11.26.030 Exceptions to Prohibitions Notwithstanding prohibitions stated in Section 11.26.020, parking prohibitions do not apply: (1) On days or in areas City Council has designated by resolution as exempt from posted parking time limits; (2) To official City, state or federal vehicles necessarily in use for construction or repair work, or to a vehicle with a Special Permit for Delivery, Maintenance or Construction or to federal or private vehicles primarily used for the collection, transportation, or delivery of mail and parcels; (3) To vehicles used in official public improvement projects in accordance with the terms of a public contract or official permit. 11.26. 040 Obstructing Enforcement (1) No person shall erase, remove or otherwise conceal any mark made on a motor vehicle tire by a person acting within authorization by the City to enforce this ordinance. (2) No person shall discard, mutilate, or destroy any summons or complaint or citation formally issued for violation of this ordinance, if the matter complained of has not been finally resolved by the court having jurisdiction over the summons or complaint. 11.26.050 Abandoned Vehicles (1) It is unlawful to park, store, leave, or permit the parking or storing of an abandoned vehicle upon any public or private property within the City for a period of time in excess of 72 hours, unless the vehicle is (1) completely enclosed within a building; or (2) stored in connection with a lawful business enterprise allowed to store such vehicles outside. (2) If the owner of an abandoned vehicle or the private property owner or lessee responsible for placement, or allowing for or assisting in the placement of the subject vehicle in front of or contiguous to his or her real property fails to remove the vehicle after notice is provided as required in ORS 819.170, then the Chief of Police or the Chief's designee may tow the vehicle and dispose of it in accordance with ORS 819.110 through ORS 819.280. 11.26.070 Storing Vehicles (1) Except as otherwise provided, no person owning or controlling an oversized vehicle shall cause or permit it to be parked within any public right-of-way for longer than 24 consecutive hours. Ordinance No. Page 16 of 21 a An Oversized vehicle may be legally parked on a public right-of-way in front of or contiguous to the vehicle owner' s dwelling, provided it meets all of the following criteria: A. Is not parked for more than 72 hours; B Does not constitute a hazard to traffic on public streets; C Does not restrict vision of motorists on a public street; D Does not obstruct view from any other property; E. Has a currently valid license or registration; F. Is operable, including adequate tires; and G Is attached to a vehicle if required for movement of the oversized vehicle. b To comply with the 72 hour time restriction, an oversized vehicle must be moved more than 100 feet from the parked location at which the 72 hour time period has expired. (2) It is unlawful for any person to park or store any personal vehicle on any public right- of-way: A. For more than 72 hours, and i. In a manner that results in the accumulation of debris around or under the vehicle or in a condition that prevents it from being driven, including flat tires; or ii The personal vehicle is being used primarily as a container for the storage of personal items in or on the vehicle. 11.26.080 Loading Zones (1) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials, freight, or passengers in a place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. A stop for loading and unloading of passengers and personal baggage must not exceed 5 minutes. A stop for loading or unloading of materials must not exceed 15 minutes. (2) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in a place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect. 11.26.090 Buses or Taxies The driver of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of a taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. 11.26.100 Penalties Ordinance No. Page 17 of 21 Violation of any provision within 11 26 010 to 11.26.090 is a Class II violation, punishable in accordance with AMC 1.08.020, and the vehicle is subject to the methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. 11 26 110 Restricted Parking Areas, Hours and Limits (1) Parking areas, effective hours, and time limits shall be established by traffic regulations promulgated and published by the Citv Administrator as authorized in section 11.12.010 to 11.12.050. (2) City Parking Lot Parking in any parking lot owned by the City shall be restricted and controlled under the authority of the City Administrator. 11 26 120 Penalties, Immobilizers Installation, Towing, Warning Letter, Show Cause, and Warrants After the City posts a notice of violation on the vehicle parked in violation of this chapter, the owner or operator of a vehicle is subject to the fines and other penalties provided in this chapter, and such vehicle is subject to the methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. (1) Penalties for parking violations. (a) Fines Presumptive fines for each parking violation and enhanced penalties for multiple parking violations within any calendar year shall be established by resolution of the City Council. 1 A presumptive fine is the fine amount imposed against a person who pleads no contest to or is otherwise found guilty of a violation and is separate from and in addition to other penalties or charges provided herein, including any penalties for multiple parking violations. 2 A presumptive fine for a parking violation under this section will be imposed unless the court finds reasonable grounds for either increasing or reducing the fine. 3 Fines shall include the original ticketed amount and any enhanced penalties, if such penalties are established. (2) Immobilizer (boot) Installation and /or Towing. (a) When a driver, registered owner, or person in charge of a motor vehicle has either (1) five or more outstanding unpaid City of Ashland parking violations on any number of motor vehicles, or (2) a City of Ashland parking violation, or any number of such violations, with a total unpaid balance that exceeds $150, regardless of the number of motor vehicles involved, then any police or parking enforcement officer, or contracted parking enforcement provider of the City is authorized, directed and empowered to immobilize such a motor vehicle or vehicles found upon Ordinance No. Page 18 of 21 a public street or City off-street parking lot by installing on or attaching to the motor vehicle a device designed to restrict the normal movement of the vehicle. In the alternative, or in addition to immobilization, after 24 hours has elapsed, any police or parking enforcement officer or contracted parking enforcement provider of the City is authorized, directed and empowered to order such vehicle towed, by a licensed tow company under contract with the City or the City's contracted parking enforcement service provider, as applicable. (b) For purposes of this section, bail or fine shall be outstanding on a citation when the citation is issued and shall remain outstanding until the bail is posted or the fine is paid. (c) Ten days before immobilizing or towing a vehicle according to the provisions of this section, the City, or the City's contracted parking enforcement service provider shall post a notice on the vehicle or mail a notice by certified mail, return receipt requested, to the registered owner of such vehicle as shown by the records of any relevant state motor vehicles department notifying the owner that the motor vehicle or vehicles may be immobilized and/or towed if outstanding parking bail or fines have not been paid within ten days after posting or mailing of the notice. (d) If the vehicle is so immobilized, the person who installs or attaches the device shall conspicuously affix to the vehicle a written notice on a form approved by the City, advising the owner, driver, or person in charge of the vehicle that it has been immobilized pursuant to this section and that release of the vehicle may be obtained upon full payment of the outstanding balance owed to the contracted parking enforcement service provider. The notice shall also specify that the vehicle is subiect to tow. (e) In the event the vehicle is towed, the person who orders the tow, shall send by certified mail, return receipt requested, a notice advising the registered owner of the vehicle that it has been towed pursuant to this section and that release of the vehicle may be obtained upon receipt by the towing company of full payment of the outstanding balance owed. (f) A vehicle towed and impounded pursuant to this section shall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, equipment and facilities of private tow companies under contract with the City or the contracted parking enforcement service provider may be used for the removal and storage of the vehicle. 3 Warning Letter, Show Cause, and Warrants (a) Warning Letter. The Ashland Municipal Court may choose to send a warning letter by first class mail informing defendants they have outstanding parking tickets and that their attendance is necessary at a preliminary hearing before issuing a show cause order and warrant. Ordinance No. Page 19 of 21 (b) Show Cause The Ashland Municipal Court may issue an order that requires a defendant to appear and show cause why the defendant should not be held in contempt of court, includinlz contempt for failure to appear as ordered or failure to comply. The show cause order shall be mailed to the defendant by certified mail, return receipt requested, no less than ten days prior to the appearance date; alternatively service may be made by any other recol4nized method, such as personal service according to the same timeframe. (c) Warrant If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of brinp_inp_ the defendant before the court. SECTION 4. Chapter 10.68.400 Vehicle access to Calle Guanajuato is hereby amended as set forth below: 10.68.400 Vehicle access to Calle Guanajuato A. Access by vehicles to Calle Guanajuato, that area located between Winburn Way and North Main Street, is prohibited between the hours of 11:30 A.M. and 10:00 P.M., Monday through Friday, and 8:00 A.M. and 10:00 P.M. Saturdays from May 1 through October 31. B. The Ashland Parks and Recreation Commission may issue permits for access during the hours of closure for vehicles of property owners or lessees that have parking spaces on private land accessed through Calle Guanajuato, or for other functions that are approved by the Ashland Parks and Recreation Commission. C. When not otherwise prohibited, parking in Calle Guanajuato shall be limited to loading and unloading only, and for a period not to exceed 5 minutes. D. Any vehicle parked in violation of this Section shall be subject to the penalty contained in Section 10.68.350, and as well, is subject to Chapter 11.36 of the Ashland IN4unieipal Code. methods for impoundinIz, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. SECTION 5. SavinjIs. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said 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. Ordinance No. Page 20 of 21 SECTION 6. 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 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i.e., Sections 5-7 need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David fl. Lohman, City Attorney Ordinance No. Page 21 of 21