HomeMy WebLinkAbout2016-0119 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
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some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 19, 2016
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of January 4, 2016
2. Executive Session of January 4, 2016
3. Business Meeting of January 5, 2016
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding preparation for a flood event
VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum]
VIII. CONSENT AGENDA
1. Minutes of boards, commissions, and committees
2. Liquor license application for Bonnie Chirrick dba Cafe 116
3. Appointment of Max Reinhardt to the Public Art Commission
4. Appointment of Sue Newberry to the Transportation Commission
5. Approval of 2016 Council liaisons to boards, commissions, and committees
6. Authorization to amend a contract for municipal audit services with Pauly, Rogers &
Co. P.C., extending the contract for one year
7. Authorization to amend a contract with Diamond Parking Services extending parking
enforcement services up to two years
8. Approval of a public contract exceeding $100,000 for cardiac monitor defibrillators
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
and automated external defibrillators
9. Contract addendum with Evergreen Job & Safety Training, Inc.
10. Adoption of findings for Planning Action PL-2013-01858, relating to three separate
approved ordinances which amended the City of Ashland Comprehensive Plan,
Comprehensive Plan Maps, Transportation System Plan, and Land Use Ordinance
(Chapter 18) adopting the Normal Neighborhood Plan
IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. Public hearings shall conclude at 9:00
p.m. and be continued to a future date to be set by the Council, unless the Council, by a
two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which
time the Council shall set a date for continuance and shall proceed with the balance of
the agenda.)
None.
X. UNFINISHED BUSINESS
1. Request to extend City water service outside of City limits
2. 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"
XI. NEW AND MISCELLANEOUS BUSINESS
1. Recommendation of the ad hoc Committee on the City Recorder Position
2. Ashland Water Advisory Committee Member appointments
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
None.
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
AGENDA FOR THE CITY COUNCIL STUDY SESSION
Immediately following the Business Meeting
1. Look Ahead review
2. Discussion of approaches to downtown behavior issues
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE
CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City Council Study Session
January 4, 2016
Page 1 of 1
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
January 4, 2016
Siskiyou Room,
51 Winburn Way
Mayor Stromberg called the meeting to order at 5:32 p.m. in the in the Siskiyou Room.
Councilor Morris, Rosenthal, Voisin, Lemhouse, and Marsh were present. Councilor Seffinger arrived at
5:33 p.m.
1. Public Input
Huelz Gutcheon/2253 Hwy 99/Addressed generation, efficiency, conservation, ecology, and explained
carbons went under ecology. He noted the decision by Goldman Sachs to solve climate issues with solar
panels, windmills, LED lights, and electric cars while Bill Gates wanted to do more research. Ashland
could use LED lighting, install solar panels, and drive electric cars to counter climate changes. He
suggested the City research using the lmperatrice property for solar. Information lie mailed regarding
renewable energy proved in line with current recommendations in the country.
2. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
3. Downtown beautification project funding for the remainder of BN 2015-2017
Council discussed the 2015-17 downtown beautification projects. Council supported proceeding with the
welcome signs, holding off spending the money designated for the historical markers until the Historic
Commission matched funds, budgeting downtown sidewalk repair and allocating money as necessary to
repair current pedestrian lights. They would defer the balance of the money until Council decided how to
work with the possible renovation of the downtown as guided by the Downtown Parking Management
and Circulation ad hoc Advisory Committee.
Meeting adjourned at 6:15 p.m.
Dana Smith
Assistant to the City Recorder
City Council Business Meeting
January 5, 2016
Page I of 9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 5, 2016
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor John Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present.
ELECTION OF COUNCIL CHAIR
Councilor Marsh/Lemhouse m/s to nominate Councilor Rosenthal as Council Chair. Voice Vote: all
AYES. Motion passed.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced the second annual State of the City Celebration would occur Monday, January
11, 2016 at the Community Center from 5:00 p.m. to 7:00 p.m. He went on to announce vacancies on the
Public Arts Commission and the Housing & Human Services Commission.
APPROVAL OF MINUTES
The minutes of the Study Session of December 14, 2015, Executive Session of December 14, 2015 and
Business Meeting of December 15, 2015 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Annual Presentation by the Planning Commission
Planning Commission Vice Chair Michael Dawkins acknowledged the Planning Commission members and
their longevity on the Commission. He explained what the Planning Commission did, how they arrived at
their decisions, and the role findings played. The Commission based all deliberations on the Ashland
Municipal Code (AMC) and recommended policy versus setting policy.
Accomplishments in 2015 included reviewing AMC Chapter 18, approval of the McNeal auditorium at
Southern Oregon University, the start of development for Verde Village, and a project at the corner of Oak
Street and B Street that would redevelop current buildings into townhomes and restore two historic buildings.
In the future, the Planning Commission would review the wildfire ordinance and look at infill strategies.
The Mayor's proclamation of January 9, 2016 as Christmas "Tree-Cycle Day in Ashland was read aloud.
Councilor Marsh noted Boy Scout Troop 112 donated Christmas trees that did not sell to the Ashland
Emergency Food Bank. The Food Bank provided 225 meals at Christmas.
PUBLIC FORUM
Greg Williams/744 Helman Street/Read the City was considering building a new bridge on Nevada Street
over Bear Creek. He was concerned with building a new bridge in that location while the Nevada Street
bridge over Ashland Creek was in need of repair.
Dave Helmich/468 Williamson Way/Explained they had canceled the public review of the Nevada Street
Bridge scheduled for January 27, 2016. The Public Works Department would have a public review of two
alternatives for the Nevada Street Bridge late winter or early spring.
Public Works Director Mike Faught added the public review would occur February or March and was
normal protocol for large projects as a way to provide options and get public input. The Nevada Street
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January 5, 2016
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Bridge over Ashland Creek was not on the current Transportation System Plan (TSP) project list for
replacement.
Huelz Guteheon/2253 Hwy 99/Ashland could not prevent cars or factories but could stop building homes
and facilities designed to spew large amounts of carbons for the next hundred years. It would require an
environmental economic impact analysis and cost $100,000 to hire consultants. Stopping houses from being
developed would eliminate 20-40 jobs in the City. One way to survive economically was bringing in high
class brilliant minds whose innovation would attract successful businesses. This would only happen if
Ashland stopped adding more people.
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 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
Councilor Rosenthal/Seffinger m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS (None)
UNFINISHED BUSINESS
1. Recommendation from the Public Art Commission for Gateway Island Public Art
Public Arts Commission Chair Margaret Garrington explained Ashland Municipal Code (AMC) Chapter
2.29 Public Art guided the selection process. Throughout the four-year process for the Gateway Island
project, the Public Arts Commission (PAC) held noticed public meetings, outreach endeavors, and shared
citizen input with finalist artists. They presented artistic concepts in two public informational meetings. A
seven member Ashland citizen selection panel separate from the PAC, met to select three concepts. Per
code, the selection panel included art professionals and enthusiasts. The panel reviewed each concept and
which best fulfilled the request for qualifications (RFQ) and came to a consensus recommending Susan
Zoccola's concept "Gather" for the Gateway Site.
City Administrator Dave Kanner explained the money for public art came from Transient Occupancy Tax
(TOT) and was restricted. This money could go towards something other than public art that was permitted
by state law. These other uses already received the majority of tourism funds. The City could not allocate
TOT funds to schools or homeless shelters per state law. The City specifically set aside 3% or approximately
$20,000 of TOT money for public art. For five years, the PAC allowed this allocation to accumulate for a
major public art installation like the one proposed.
City Attorney Dave Lohman addressed local preference in the request for qualifications for public art. ORS
279A.120 Preference for Oregon goods and services; nonresident bidders stated for the purposes of
awarding a public contract the contracting agency would give preference to goods and services manufactured
and produced in the state if price, fitness, availability and quality were otherwise equal. The City had an
exemption for public art in the AMC that referred back to Oregon statutes for intennediate contracts.
Chair Garrington explained AMC 2.29.130(A) Selection Guidelines for Works of Public Art, presented
slides of the site and provided history. The Gateway Island site met the six conditions for public art in AMC
2.29.130 B for visual accessibility, visual enhancement, pedestrian accessibility, circulation, and scale.
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January 5, 2016
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Of the eleven guidelines listed in AMC 2.29.130(A) Selection Guidelines for Works of Public Art, six
were germane to the discussion, quality, site, history and context, maintenance and durability, public safety,
and diversity of public art. She went on to describe the RFQ and selection process.
Of the $100,000 art piece, the artist was paid $5,000 for final design. Metal fabrication and costs for
materials was $60,000, engineering costs $5,000, transportation was $7,000, installation $13,000 and a 10%
contingency fee.
Chair Garrington showed slides to address scale, color, material, texture, content and social dynamics of the
proposed art piece. Findings determined the art piece was appropriate for site. She explained how the art
piece and site met the guidelines for history and context, public safety, maintenance and durability, and
diversity. The Public Arts Commission recommended Council approve Susan Zoccola's sculpture Gather for
the Gateway Island site.
Rochelle Newman/819 Pavilion Place/Explained she was a working artist and Professor Emerita of the
Creative Arts. She noted everyone was living in strident times `no" was louder and seemed to have more
power than "yes." Was this about egos or issues? The community was at a unique point in Ashland where
they could choose to say yes to this project. The positive resolution of this issue would have consequences
for other projects in the purview of the Public Arts Commission. She encouraged Council to think of the
artistic future of Ashland and not necessarily their personal futures.
Christian Burehard/777 Pompadour Drive/Supported Council making a vote for beauty and a beautiful
piece of art that would really make a statement in town. There was no way to please everyone.
Wendy Eppinger/190 Walker Avenue/Everyone had generational aesthetic values. She noted the
controversy over the Vietnam Memorial that was now one of the most visited places in Washington DC.
Paris ridiculed the Impressionists. Susan Zoecola was a well known artist throughout the west with public
art pieces in Oregon and Washington. She thought people Should step out of their rigid aesthetic comfort
zones and see what happened in the decades to come. The sculpture was not only for the current population.
It was also for the future generations.
David Powell/875 Beswick Way/Thought it was a fatal flaw to have requested a modern art piece in the
RFQ. It did not fit in with the city or the location. He was concerned with potential lighting that could
distract drivers and the lack of involvement by the Parks and Recreation Department. He urged Council to
postpone making a decision.
Arnold Bleicher/520 Herbert Street/Supported the selection of the art piece. The opposition appeared
directed by a few people and noted how it had shifted from issues with scale to discrediting the Public Arts
Commission as overly academic. The opposition tended to bully those that supported the project and used
social media to scoff at supporters. This was not productive. He encouraged Council to consider the facts
and approve the art piece.
Irene Kai/2560 Eagle Creek Lane/Explained she was a professional artist currently teaching at Rogue
Community College and shared her training and credentials. Public art should not be vague. It was widely
displayed for everyone. She had sent Council a late submission, did not have time to do a presentation, and
respectively asked the Mayor and Council to consider her proposal.
John Barton/245 Piedmont Drive/Explained the selection process adhered to code. The City established
the Public Arts Commission in 2006. He read the Commission's mission statement, duties, and ran through
the timeline for the Gateway Island process and request for qualifications (RFQ). There was no compelling
reason to reject the recommendation from the Public Arts Commission. He reminded the opposition that the
Ashland City government functioned much like the federal government and was not a peer democracy.
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January 5, 2016
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Bruce Bayard/621 A Street/Supported Council acquiring "Gather" for the public arts collection. He noted
points regarding scale and genre. The downtown core had four public art pieces of significant size in line
with the size of Gather or possibly taller. The diversity of opinion whether one public artwork should be of a
type illustrated the value of having a vital and diverse public art collection. He liked the sculpture because it
surprised him, changed his mind, referenced a myriad of shapes and objects, and represented different ideas.
A great piece of art was a catalyst for dialogue and he thought "Gather" was a great piece of art.
David Wick/2560 Eagle Creek Lane/Encouraged Council to consider the World Peace Flame monument
submission they received day before. This unexpected yet profound offering was an excellent opportunity
for the City to be known globally as a city of peace. Ashland would be the 12' site in the world and the
second in the United State to host the flame of hope and peace.
Richard Benson/670 Siskiyou Boulevard/Shared a story regarding a piece of art lie encountered years ago
while living in a large city. He described the sculpture, thought it was horrible and stuck in a small space.
He walked past this artwork daily for two years. He began noticing other pieces by the same artist
throughout the city and eventually understood the artist's intent. After a while, lie appreciated the sculpture.
It made him look at the world differently. The affect the sculpture had was a wonderful experience for him
and every time lie goes back to the city, he makes sure he sees that piece. He encouraged Council to consider
the story and know they had the support of the community.
Susan Yeagley/836 Hillview Drive/Did not like the art piece however, art was subjective. This was the
wrong sculpture for that space. She suggested Council do something similar to Evergreen Colorado that
raised money for artwork throughout the town with maps to help the viewer locate the sites. It brought
people to areas in town they might not have gone to before just to see the art. It appealed to locals and
tourists. The display rotated once or twice a year.
Keith Swink/524 Granite Street/Read a letter he sent fellow Historic Coin ►nissioners regarding the
"Gather" sculpture when he was unable to attend a Commission meeting. The letter outlined concerns he
had with the process the Public Arts Commission used and thought the Commission frequently ran at odds
with the Historic Commission and that needed to be rectified. Public art proposed for any historic district
area needed approval by the Historic Commission period. The Public Arts Commission needed to submit
intentions to the Historic Commission that affected the historic character or designated historic districts. The
proposed sculpture was completely inappropriate to represent the community in any way. It was not
historically compatible with the downtown streetseape and seemed suited for a contemporary, large open
setting. The Public Arts Commission should have come to the Historic Commission for approval before
making unilateral decisions about an important piece of artwork.
Councilor Rosenthal noted the Public Arts Commission had been working on the Gateway Island project for
eleven years and asked how it was the Historic Commission was unaware of the project leading up to this
and why this late in the process it had not engaged in the topic. Commissioner Swink clarified the
Commission had heard about the project indirectly and were expecting the Public Arts Commission to attend
a Historic Commission meeting as they had with other projects. He referenced the tiles on the seat wall of
the Plaza as an example where the Historic District was involved after the fact. The Historic Commission
was trying to protect the historic character of the town and if they were not included in the discussion, it was
difficult to fulfill commission obligations. The Historic Commission was aware a Historic Commissioner
was on the selection panel that recommended "Gather." This individual served as a private citizen on the
panel and not as a commissioner.
Dan Fellman/253 Meadow Drive/The art piece could not physically stand under its own weight let alone
the sideways pressure of people climbing on it. His background was in engineering and he had spoken to
another engineer. It was not appropriate to make a decision using a computer image that had no basis in
reality. He recommended completing the engineering prior to making the decision. The structure would
City Council Business Meeting
January 5, 2016
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have to change significantly in appearance to be able to stand on its own weight and withstand people
climbing it. He noted insurance and liability issues.
Elizabeth Churchill/19 West Hersey Street/Thought the height of "Gather" was reasonable but the
sculpture was too wide for the space. After hearing the controversy regarding the art piece, she urged the
Council to postpone a decision and continue the discussion. She also preferred hiring a local artist.
Cynthia Moscaritolo/175 Wightman Street/Noted the public outcry on social media and the negative
connotations. From what she observed, the art piece would not be well received by the majority of people.
She thought the Public Arts Commission presentation focused on adhering to policy and code and thought
that countered art in general. Art should delight and she was hearing the complete opposite. She did not
think the opposition's comments were being conveyed. She preferred seeing art that was loved by the
majority for whatever reason.
Councilor Marsh/Voisin m/s that Council award a commission for a site specific piece to Susan
Zoccola as described in the RFQ and along with that an allocation of 53,500 to support her to develop
a second proposal for consideration. When that proposal is completed Council will make a final
selection between it and "Gather." DISCUSSION: Councilor Marsh reviewed the request for
qualification (RFQ) and the process. The RFQ was successful in finding an artist. Susan Zoccola was a
public artist with impeccable credentials that produced art in several communities. She thought they should
take advantage of her broad experience with public art before making a final selection. Having two pieces
would give everyone time to step back, compare, contrast, think about the value of public art, understand the
qualities of each piece and make a good selection. Council would make the final selection. It would give
everyone a chance to bond with an exceptional public artist and move forward with a piece that would be
with the community for 10 to one hundred years. Councilor Voisin thought democracy was about
compromise and this was a realistic compromise. The Public Arts Commission did a good job in coming
forward with this selection. She thought the process needed review. The Historic Commission had real
concerns. Councilor Seffinger acknowledged the Public Arts Commission for their work and noted the artist
was an excellent choice. She did not want to divide the community. Having two options made it more
democratic. Something not considered was what the community did not want.
City Attorney Dave Lohman thought the proposed motion was probably legally permissible. There were
ambiguities in the ordinance, the RFQ, and with the process in general. It was not inconceivable someone
might challenge based on those ambiguities. However, the chance of a successful challenge was minimal.
The RFQ resulted in the choice of an artist who had presented a concept proposal but not a final design. The
RFQ stated it reserved the right to commission another artist using another process altogether if needed.
Councilor Marsh clarified the original artists were paid S2,500 to develop their proposals. Increasing it
another 51,000 was an expression of the City's commitment to work with Ms. Zoccola.
Councilor Morris would not support going back and preferred sticking to the process. Art was always and
should be controversial. Not everyone should have a vote regarding art and art should not be average or
mundane. It should challenge people. He used the Oregon Shakespeare Festival's use of modern era as an
example. Council picked the color for the kiosk at the Plaza. Council set policy and should not select colors.
He would not support the motion but supported going with the existing artwork.
Councilor LemhoUse thanked each commissioner on the Public Arts Commission, noted the expertise the
City gained free of charge. The process would benefit from a review. He was saddened at the abuse the
Public Arts Commission had received from the community. He approved of respectful disagreement and
went on to share some of the extreme negative responses. He appreciated Councilor Marsh finding a
compromise. He supported the motion, and would have supported the original recommendation. He
observed there were people and leaders in the community that sought to split and divide. When the options
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January 5, 2016
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came back to Council he hoped people were able to agree or disagree in a respectful manner.
Councilor Rosenthal would not support the motion. He did not think the motion would quell the acrimony
on the topic. There was a Public Art Master Plan based on a community survey conducted in 2007 and code
depicting the rules of engagement on public art installations and now Council was making Lip rules
spontaneously. Public art was subjective. He questioned what would happen when the artist presented a
second concept. People would love one, hate the other, or hate both. The easiest and most respectful thing
to do was vote for or against the proposal and start the process again if the vote was no. This did not set the
right precedent.
Mayor Stromberg was not a fan of metal geometric artwork in that it did not touch him personally the way
other artwork did. He was fully aware that was part of his upbringing and culture. Art was more than
something that created aesthetic pleasure. He supported the Public Arts Commission, the process and the
artist. The collective accomplishments of the community had paid off for everyone in important ways.
Having significant art in a prominent location would add to the luster and credibility of the community.
Mr. Kanner noted the Public Art Commission did not have $3,500 to pay for the second concept. He
suggested taking $3,500 from the restricted TOT funds allocated for unanticipated projects.
Mayor Stromberg addressed an earlier decision during a Council meeting to form an ad hoc committee to
look into improving the process for selecting public art. The Mayor decided he would work with staff and
personally interview each member of the Historic Commission and George Kramer instead. He would open
the process up for public input via email or letters. The City Administrator would summarize the suggestions
and the Mayor may or may not make recommendations. This was intended for future projects and not the
proposal before Council. Councilor Lemhouse strongly encouraged the Mayor to create an ad hoc committee
with citizen representation due to the contention regarding the process and lack of citizen involvement.
Mayor Stromberg noted Councilor LelnhoUSe's continents and would not create an ad hoc committee for the
issue. This was an information gathering process. Roll Call Vote: Councilor Voisin, Lemhouse,
Seffinger, and Marsh, YES. Councilor Morris, and Rosenthal, NO. Motion passed 4-2.
NEW AND MISCELLANEOUS BUSINESS
1. Options to move forward with UPRR and DEQ
City Attorney Dave Lohman explained the current deed restriction on the railroad property required cleanup
to residential standards for the entire 20-acre parcel. It would also require residential cleanup standards when
the property partialized and each parcel had a development proposal regardless of use. Council had three
options. The first option would delete the current deed restriction and have the Department of Environmental
Quality (DEQ) require residential cleanup standards for the 20-acre parcel and apply appropriate cleanup
standards for subdivided parcels based on use. Option 2 replaced the current deed restriction with one where
DEQ required residential cleanup standards for the entire site, clearly defined cleanup standards appropriate
to use once the property subdivided, and ensured adherence to those requirements. The third option would
modify the deed restriction with one that required full site and any subdivided parcels to at least, meet DEQ's
Urban Residential standards.
Union Pacific Railroad (UPRR) was interested in cleaning up Bunker C, the most contaminated portion of
the property by truck. UPRR would consider a full site cleanup using railcar and postponed cleaning up the
4-acre area. UPRR and DEQ preferred Option I to delete the current deed restriction, and could work with
Option 2 if needed. Option 3 would limit the marketability of the land and UPRR would have to consider
this option carefully and mostly likely would not agree to it now and possibly never.
Full site cleanup would involve two phases. UPRR and contractors would clean up the worst area in Bunker
C, the ponds and an area with hot spots to residential standards then meet DEQ risk base requirements for the
entire site. Some spots would have a higher concentration when finished. Once the property subdivided,
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January 5, 2016
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DEQ would require further cleanup standards based on use.
Apart from providing clarity, adopting Option 2 had the same effect as Option 1. DEQ would consider
looking at some wells off site to determine potential contamination. This would occur when they dealt with
the initial cleanup of the entire site. UPRR would modify the 2013 Remedial Action Plan and Council could
suggest modifications but the City had no control regarding the cleanup. The least amount of cleanup would
happen for light manufacturing, or storing materials. The property was in a prime location and the market
would most likely want to have some residential use. Infrastructure for the 20-acres had not happened yet.
A cleanup plan would go through the Planning Commission, UPRR, and regulatory agencies and there was
no guarantee when that would happen.
Councilor Voisin/Seffinger m/s 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 conforms to Option 2 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 rail yard
property as soon as possible utilizing railcars for transporting contaminated soils.
DISCUSSION: Councilor Voisin thought option 2 provided strong language to protect the City. Councilor
Seffinger added Option 2 made sense and they could accomplish it in a shorter period. Councilor Rosenthal
supported the motion. It protected citizens and would make sure if it was mitigated it was done using a
reasonable, rational approach. It was a valuable piece of land and good things could happen if the property
was developed. Councilor Lemhouse supported Option 2. UPRR had shown willingness to compromise.
The City was not in the position to make many demands and could decide to do nothing but no one benefited
from that choice. Councilor Morris preferred Option l but could support Option 2. Roll Call Vote:
Councilor Lemhouse, Marsh, Voisin, Rosenthal, Seffinger, and Morris, YES. Motion passed.
2. Request to extend City water service outside of City limits
City Administrator Dave Kanner explained West Jackson Properties requested connecting to the City's
Talent-Ashland-Phoenix (TAP) waterline to provide water for a fire suppression system in a residential care
facility West Jackson Properties planned to build. The property was in the urban growth boundary (UGB)
and within city limits at the intersection of Highway 99 and Valley View Road. The Ashland Municipal
Code (AMC) provided criteria that allowed extensions but did not clearly state the process. The AMC
required Council approval through a resolution during a public meeting.
Staff recommended denying the request. It was predicated as being in the City's "best interest" because an
Alzheimer's care facility benefited the town. The best interest question could not be considered in isolation.
The request had to meet codified criteria as well as be in the City's best interest and this request did not meet
codified criteria. Granting an exception created a "do for one, do for all" situation. If Council did not think
the rules were adequate to the present or future considerations and circumstances they could change the rules.
There was enough volume and pressure in the TAP line to supply a fire suppression system but that did not
mean connecting to the TAP line was a good idea.
John Chmelir from West Jackson Properties provided information on the shortage of beds for people with
Alzheimer's. He planned to build a 44-bed residential care facility for Alzheimer's patients. He was
requesting permission to connect their fire sprinkler system to the City's fire line that would exist on their
property. Phase 1 of the site plan was the approved TAP Pump Station. Phase 2 was the Alzheimer's care
facility. Phase 3 was a tentative project that included a medical building and restaurant. The request to
connect to the fire line was part of Phase 2. He shared statistics regarding people with Alzheimer's and
described the care facility. The care center would create 45 new jobs twenty-four hours a day, seven days a
week.
The City would install a fire hydrant across from the proposed facility. He wanted to connect to the fire line
City Council Business Meeting
January 5, 2016
Page 8 of 9
on the hydrant and not to the TAP line. This was not a complicated engineering issue. The TAP transmission
line did not connect to the Granite Reservoir. It connected to a distribution system that pushed water into the
Granite Reservoir. He did not propose to connect to the pressure side of the pump station. It was not
difficult to connect a tee in the line, add a pressure-reducing valve, and put a distribution line to run parallel
with the 32 pressure reducing valves already in the system.
Ellen Waldman/779 Sylvia Street/Explained she was a certified aging life care manager and wrote a
column for the Ashland Daily Tidings called Aging Happens. Ashland had one dedicated facility for
memory care that housed 32 residents. This did not meet the current need nor was the need decreasing.
Assisted living facilities were taking in residents who would be better served in a memory care facility.
Assisted living centers were not secure and not appropriate for those with memory issues. West Jackson
Properties was building a facility to fill the gap and had incorporated some of her suggestions.
Lloyd Matthew Haines/51 Water Street/Recently acquired a building off Highway 99 in the same area as
the proposed Alzheimer's care facility. Fire suppression for that building was supplied by a well, two
storage tanks, and a pumping system. He expressed concern regarding its reliability. The care facility would
have people locked in the building. Connecting to the City would provide a hard connection used for
emergency purposes only. The Fire Department would hook into the line anyway. He noted the potential for
human error.
Larry McLennan/1028 Starlite Place/Continued Mr. Haines testimony regarding facility safety and shared
his personal experience with relatives in care centers. The real concern was fires and evacuating patients.
The Alzheimer's care facility would need even more assistance in the event of a fire. fie wanted the Fire
Department to have all the advantages they could to suppress afire and give the patients time to get out of
the building.
Bruce Roberts/1355 Tolman Creek Road/Shared his personal experience of having parents with
Alzheimer's and the debilitating affect it had on family members and friends. This situation would only get
worse over the next 20 years. He thought Ashland should take the lead in establishing these facilities in
town.
Steve Shapiro/7122 Hwy 66/Served on the Planning Commission for five years and explained this request
would not set a precedent. This was a place with people locked inside and described a possible scenario
where the Fire Department was delayed getting to the center to suppress a fire and the tank ran out of water.
'This would not happen with TAP. He would not want the fact that people binned up because a tank ran out
of water on his conscious. He was also an engineer and Mr. Chmelir was correct, the connection would
come from a non-pressurized line.
Heather Hickmadd/41 Birnamwood Road/Described her background and explained she represented the
Newnan Hotel Group who supported Council approving the water line extension.
Duane Smith/622 Firwood Drive, Medford, OR/Shared his longevity in Ashland and the buildings he
built. He was no longer involved with the project, and had sold his interest to Mr. Chmelir and Mr. Haines
so had nothing to gain. He explained how they cooperated with the City and built their own intertie to hook
up to the city with their own money. They expected to build a $200,000 turn lane at the intersection and it
was almost $500,000. They worked with the City on the pump station and now were asking for a water
backup if needed. He asked Council to consider the request. It was a worthwhile thing to do.
Oscar Zuniga/4118 Hemlock Drive/Explained he was a mechanical, electrical, and fire protection engineer
for over for 40 years. The December 30, 2015 letter from the applicant covered all the technical points in an
accurate manner. The applicant and developers had cooperated with the City to improve the infrastructure
that they may not directly benefit from. The water was for fire suppression only. The connection to the line
City Council Business Meeting
January 5, 2016
Page 9 of 9
was already there and would not affect the hydraulics of the system. He shared his family history with
Alzheimer's.
Mr. Chmelir continued his presentation and showed slides depicting the fire line set up and the temporary
pump they allowed the City to have through an easement. West Jackson Properties designed their set up to
mesh with the City's set up. The pipe hydraulics would not change. He reiterated they did not ask for a
distribution line off the pressure line. They wanted to come off the tee. If the line could adequately serve the
fire hydrant it could do the same for their sprinkler system. Without the connection, they would have to
build a tee 20-foot in diameter and 17-feet tall to store a 40,000-45,000 gallon tank all because they cannot
connect to a line that existed on their property. He described what would happen if a fire broke out in the
facility and they did not have a connection to the City line. This was not a complex engineering issue. He
distributed questions Council should ask the City's consulting engineer.
Time ran out on the meeting. The Mayor continued the item to the January 19, 2016 meeting. Mr. Chmelir
would have another- 5 minutes at the meeting to complete his presentation.
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"
Item delayed due to time constraints.
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
Item delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Item delayed due to time constraints.
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned at 10:30 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
Minutes for the Ashland City Recorder Position ad hoc Committee
December 9, 2015
Page 1 of 2
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Wednesday, December 9, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 3:06 p.m. in the Siskiyou Room of the
Community Development Department, located at 51 Winburn Way.
Committee members Bryan Almquist, Pam Lucas, and Dave Kanner were present.
2. Approval of Minutes
Almquist/Lucas m/s to approve the minutes of November 4, 2015, with two modifications;
removal of the phrase, "..but the community also needs to change our form of government
too," as this is not pertinent to the discussion and with the addition of the word,
"proposed" to the sentence, "They determined that with the [proposed] job duties central
to this position it's more likely that this will become a one-person job...". Voice Vote: All
Ayes. Motion Passes.
3. Public Forum
None.
4. Request of City Recorder
Seffinger informed the group that she had a request from the City Recorder for her to be able to
give her input on the recommendations. Unfortunately, the City Recorder was unable to attend
today's meeting so Seffinger proposed that the group meet an additional time to hear her
concerns. Group agreed to do so, provided the City Recorder understands that they will not
automatically agree to change their recommendation based on her requests.
Seffinger stated that, as she understands it, the two main points of concern for the City Recorder
are to whom the position will report (Mayor and Council vs. City Administrator) and the
possibility that it will be a one-person job.
Almquist stated that, in regard to whom the position will report, the concern with having this
position report to the Mayor and Council is that the Mayor is only in the office a few hours a
week, which doesn't provide particularly good direct supervision. Kanner stated that the types of
positions who report directly to Mayor and Council should only be those who either review and
make policy recommendations to the Mayor and Council or those who provide legal advice to
the Mayor and Council.
Lucas stated that it is important to hear the City Recorder's opinion, even if the recommendation
doesn't change.
5. Review of Draft Recommendations
Seffinger asked if the group had any questions or concerns regarding the draft recommendations
as presented. Group had none, and all agreed that they were good as presented. Seffinger pointed
out that they may need to either alter or remove the sentence, "She collaborated with the ad hoc
group at the December meeting in an advisory role to develop the final recommendations." based
on the upcoming discussion with the City Recorder.
Minutes for the Ashland City Recorder Position ad hoc Committee
December 9, 2015
Page 2 of 2
6. Future Meeting Schedule
Group will meet again, at the request of the City Recorder. The meeting was tentatively set
(depending upon availability of City Recorder) for Thursday, December 17, 2015, at 3:00 p.m.
Location TBD.
7. Adjournment
Meeting adjourned at 3:25 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Minutes for the Ashland City Recorder Position ad hoc Committee
January 7, 2016
Page 1 of 3
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Thursday, January 7, 2016
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 3:06 p.m. in the Siskiyou Room in
Community Development, located at 51 Winburn Way.
Committee members Brian Almquist, Pam Lucas, and Dave Kanner were present.
City Recorder Barbara Christensen was also present.
2. Approval of Minutes
Minutes of December 9, 2015, were approved by the group as presented.
3. Public Forum
None.
4. City Recorder Input on Recommendations
Christensen apologized for being unable to attend the last meeting of the group and thanked them
for being willing to meet an additional time with her present. She gave the group some history of
her time in the position and expressed her concerns that the position is currently not a part of the
staff "team." She stated that being a part of the team is important no matter if the position stays
elected or becomes appointed.
Christensen raised concerns regarding why the group, as reflected in past minutes, no longer
consider the position a department head level position. This makes her concerned the group is
getting ahead of itself regarding recommendations. She is also concerned the group doesn't fully
understand all the duties of the position and stated the position is not a one-person job, that an
assistant is necessary. She described some of the ways city recorders in other cities are
incorporated into staff. She stated this is a professional position and held in high regard in every
other Oregon city but it feels Council's respect and support of the position has been lost.
Christensen stated that she is also concerned about the position being under the authority of the
City Administrator, as she has not had good working relationships with city administrators. She
would prefer this position be appointed by the Mayor and managed by the Council. She believes
that because the proposal to make the position appointed is such a major change, keeping it in the
control of the Mayor is the only way the community will agree to the recommendation.
Almquist asked if Christensen understood that the recommendation was that the position be
appointed by the Mayor. She stated she did, but that it would still be supervised by the City
Administrator. Almquist stated this is because City Council is not a supervisory body, and,
therefore, shouldn't be supervising anyone. Christensen stated she wants the position to be like
the City Attorney - directly reporting to Council.
Christensen stated that many of job duties handled by other departments are handled by the city
recorder in other cities. She was upset that this connection between her office and other
departments is lost and that she is not allowed to work as closely with staff as she feels is
Minutes for the Ashland City Recorder Position ad hoc Committee
January, 7, 2016
Page 2 of 3
necessary.
Group discussed the challenges of keeping the Charter as is it, as it supersedes any ordinance
related to this position. Of particular concern to Almquist is the inability to ensure that someone
in this position held regular office hours and had at least minimum skills to do the job. He stated
there is no way to easily remove someone from the position for failure to do the job if the
position remains elected.
Group agreed that what they are looking for most in this position is professionalism, expertise,
and attention to detail - qualities that are typically appointed, not elected.
Seffinger stated she is sensitive the Christensen's concerns, and that she had done lots of
research on the position. She stated that what the group most wants is to protect the city. This is
why having the position appointed is so important. Additionally, this group is only making a
recommendation. Council has the ability to approve, alter, or deny the recommendation as they
see most appropriate.
5. Final Approval of Recommendations
Seffinger asked if the group had any suggested additions or changes to the recommendation.
Group agreed they have no additions or changes.
Seffinger stated that in creating the recommendation she tried to not have too many specifics in
the recommendation, in order to not tie-down the Council. She understands that losing an elected
position may be challenging and she tried to be sensitive to those concerns. She also tried to
make sure the recommendation is as positive as possible. In drafting the recommendation, she
looked at what all cities across the state are doing. They overwhelmingly had this as an
appointed position. As this position has become more complicated over the years, it is important
to have the position be a long-term, professional position. Most importantly, this
recommendation was never meant to denigrate or reduce the position or Christensen's work over
the years in it.
Almquist stated he likes the recommendation as-is and reiterated his concerns in keeping it
elected.
Lucas stated she approves the recommendation as well and feels that, considering how much the
position pays in salary and benefits, this would be a very desirable position in the community.
She wants to make sure that the city is protected, which is why it is important it become
appointed.
Kanner stated that he is also fine with the recommendation as-is.
Group discussed how they would present the recommendation to Council. As Lucas will be
unavailable, Almquist agreed to be present to answer questions from Council.
Group discussed the research Kanner was asked to do at the last meeting regarding whether
recorders in other cities have full-time assistants (see attached). Christensen stated that, while
these might reflect where positions are allocated in those city budgets, she doesn't believe the
information is accurate. Kanner stated that he and Personnel Division staff spoke directly with
Minutes for the Ashland City Recorder Position ad hoc Committee
January 7, 2016
Page 3 of 3
officials from each city listed to obtain the information. Almquist stated the difference between
those cities listed and Ashland is that those cities all have appointed recorders, so specific job
criteria and qualifications were able to be crafted. Without a Charter amendment we can't do
that.
6. Adjournment
Meeting adjourned at 3:55 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Dedicated Dedicated No
CITY Population Dedicated Comments
F/T Support P/T Support
Su ort
Ashland 20,684 X F/T Admin. Assistant
Canby 17,010 X
Central Point 17,724 X
Coos Bay 16,039 X City Recorder/Finance Director is one position.
Deputy Finance Director backfills.
Dallas 15,102 X Exec. Asst to City Manager, Mayor/Council, HR
Manager backfills when needed.
Forest Grove 23,096 X
HR Director is also city recorder and has no direct
Happy Valley 17,319 X reports. A support position may be hired in 2016 to
allow the incumbent to focus on HR.
Finance Director/City Recorder is one position.
Hermiston 17,137 X Accounting Asst. and Executive Asst. backfill when
needed.
Klamath Falls 21,119 X
Lebanon 15,982 .25 FTE Admin. Asst. to City Clerk (Recorder)- P/T .25 FTE
City Recorder's Office provides general
administrative support to the City Manager, HR,
Milwaukie 20,640 X Finance and IT with three FTE who report to the City
Recorder. No employee provides dedicated back-up
to the city recorder.
Newberg 22,692 X
Pendleton 16,904 X
Redmond 27,941 .5 FTE Assistant - PIT .5 FTE
Roseburg 21,903 X Admin Asst to City Manager backfills when needed
Sherwood 18,978 .5 FTE Admin. Assistant to City Recorder - P/T at .5 FTE
The Dalles 15,162 X City Recorder is also Gen. Services Mgr/HR Director.
Exec. Secretary offers support.
Troutdale has a position whose title is "Deputy City
Recorder," but that position is the City Hall
Troutdale 16,552 X receptionist, secretarial support to City Manager,
back-up to all other central service administration
and not dedicated support to the City Recorder.
City Manager/City Recorder are one position -
Tualatin 26,907 X Deputy City Recorder performs council clerk and
records management functions
West Linn 26,289 X
Wilsonville 22,026 X
Woodburn 24,734 X
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
November 24, 2015
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Brandon Goldman, Senior Planner
Debbie Miller April Lucas, Administrative Supervisor
Melanie Mindlin
Haywood Norton
Roger Pearce
Lynn Thompson
Absent Members: Council Liaison:
None Greg Lemhouse, absent
ANNOUNCEMENTS/AD-HOC COMMITTEE UPDATES
Community Development Director Bill Molnar provided an update on the upcoming City Council and Planning Commission
meetings. The City Council will hold a public hearing on the marijuana ordinance on December 1; the Planning
Commission's annual presentation is scheduled for January 4, and in March the Council will have a study session to
evaluate the Citizens' Planning Advisory Committee. Regarding the Planning Commission, Mr. Molnar stated there are two
public hearings scheduled for the next meeting, and the December study session has been canceled.
PUBLIC FORUM
No one came forward to speak.
DISCUSSION ITEMS
A. Development Standards for Wildfire Lands Ordinance Amendments.
Community Development Director Bill Molnar gave a brief overview of the proposed changes to the Wildfire Lands
Ordinance. He explained State Planning Goal #7 requires cities to look at hazard areas and develop policies and codes to
address them, and stated this would be a significant update that would take the existing Wildfire Lands overlay zone and
apply it citywide. Mr. Molnar stated there are a number of issues to work through, including potential conflicts with other
sections of the municipal code, and stated staff has some concerns with how the proposed changes will impact smaller lots,
multifamily properties, and commercial designations. He noted this is still in the working draft stage and once the final draft is
prepared the city will be required to notice every property owner in Ashland.
Senior Planner Brandon Goldman commented on the existing standards and reviewed the three fuel break types and
requirements. He explained in April 2014 staff was directed by the City Council to explore an expansion of the wildfire lands
boundary and stated under the current draft properties subject to site review (commercial and multifamily) would need to
have a fire prevention and control plan, and all new construction and construction that expands a structure by more than 200
sq.ft. would have to meet the fuel break requirements around the property. Mr. Goldman stated Planning staff is working with
the Ashland Fire Department to develop clear and objective standards, and noted there are a number of discussion points
provided in the packet materials to assist the commission with their discussion.
Ashland Planning Commission
November 24, 2015
Page 1 of 3
Forest Division Chief Chris Chambers addressed the commission and stated this update is needed to protect life and
property, firefighter safety, the watershed, and Ashland's quality of life. He explained wildfires occur throughout the city and
have led to loss of property, and despite the Firewise program highly flammable vegetation continues to be planted
throughout town. Mr. Chambers presented photos and information on several of the fires that have occurred in town, and
commented on a fire that occurred in Wenatchee where embers traveled 1.5 miles and ignited their warehouse district
causing substantial damage.
Mr. Chambers was asked whether a tree could be within 10 ft. of a structure and he responded that they would want the
limbs trimmed and pruned to the 10 ft. distance. When asked if bushes could be placed next to a porch, he was uncertain if
this would be permitted.
Fire Marshal Margueritte Hickman stated this ordinance would take the requirements being enforced in the wildfire lands
zone and expand it throughout the city, but as long as property owners do not expand or improve their structure, they can
continue to plant and maintain non-fire resistant materials. Mr. Chambers stated they have done a lot of research and it is
time to start making progress on this issue, and stated tackling new construction seems like a reasonable approach to this
issue.
The commission asked several questions of the Fire Department staff, including:
• Will properties continue to be inspected? Ms. Hickman responded that their intent is to inspect properties every
3-5 years to ensure they are maintaining compliance with the standards.
• Would the health of non-fire resilient trees factor into the importance of their removal? Ms. Hickman stated
dead trees are required to be removed, and they would advocate for the removal of less healthy trees first. She
stated the intent is to reduce canopies and have 10 ft. of clearance between non-fire resilient trees. Mr. Goldman
noted staff has concerns with the how the canopy spacing requirements would be adjusted to account for slope,
and stated such provisions for canopy and shrub spacing would limit landscape design options on single family
properties with limited yard areas, and would be specifically problematic in the application of existing landscaping
requirements on commercial and multifamily properties (such as parking lot screening and buffering requirements).
• Does the 3 ft. of a structure prohibition refer to plantings or canopy? Mr. Chambers stated they will need to
determine whether to allow fire resistant plants and materials in this zone. He stated his preference would be for
plantings to not touch the structure and to regulate ground cover, and recommended lava rock be used instead of
bark next to buildings.
• What is a fire resistant plant? Mr. Chambers responded any plant that is not on the prohibited list. He stated fire
resistant plants hold more moisture, don't drop a lot of leaves or needles, and typically do not have a lot of oils or
wax. Mr. Goldman stated staff will be working on defining these and it may be simpler to list what you can't plant
instead of what you can. He added the plant list will come back as a separate resolution.
• Will the ordinance allow homeowners to plant privacy screens? Mr. Chambers stated there are different plant
materials that could be used, however Mr. Goldman stated further discussion is needed on whether plants could be
placed next to each other to get the height and width needed to create a buffer.
• Most of the tree canopies downtown are within 10 ft. of a structure, what will be the allowance for street
trees? Mr. Chambers stated the individual street trees downtown are not a likely threat to those structures.
The commissioners shared their thoughts on the draft ordinance. Commissioner Dawkins stated that while he understands
what the Fire Department is trying to accomplish, he is not comfortable with an ordinance requiring these things as opposed
to recommendations. He added it is more about how things are maintained as opposed to the plant itself. Commissioner
Thompson commented on the need to balance the Fire Department's goals with the realities of living in an environment
where things grow and people want landscaping around them. She expressed concern with item D(4) and stated in many
situations this would lead to the removal of the trees, and asked if any vegetation would be allowed within three feet of a
structure. Mr. Chambers stated they will likely go back to the drawing board with this requirement and allow fire resistant
plants and materials within 3 ft. of a structure. Ms. Thompson noted the deer problem and stated under this ordinance the
few plants that are deer resistant would no longer be allowed. Commissioner Mindlin stated there are competing goals and
purposes and while she understands the fire prevention goal there are many other goals the city has. She cited the city's
water wise landscaping program and stated widely spaced plants with no mulch is counter to this program. Mindlin
questioned what other policies the city has that contradict with this proposal and stated more work needs to be done before
Ashland Planning Commission
November 24, 2015
Page 2 of 3
this will be ready for the City Council and acceptable to citizens. She mentioned staffing issues and questioned instead of
increasing staff to administer this ordinance, could there be a better way to use that money that would achieve the stated
goal. Commissioner Brown agreed with needing to find a balance. He voiced support for the goal but stated they need to
find a happy medium. He added the draft ordinance does not allow them to live in the community they want to live in.
Commissioner Pearce questioned why the ordinance is triggered by development and whether this would be fair and
effective. He commented that it could take a long time for many of the lots in Ashland to expand, and stated this ordinance
would create a hardship for those it does effect and could be a great expense for something that does not add a lot of fire
risk. Commissioner Thompson suggested they start with an educational and incentive program that targets the entire city to
eliminate the major risks. Mr. Chambers commented that they have embraced education and outreach for many years but
have reached the limit of what they can accomplish with these methods. Commissioner Norton asked if there is an appeal
process and asked staff to provide samples of what these requirements would look like on existing properties. He also
commented that there will likely be a lot of additional issues that come forward once the public hearings begin. Ms. Hickman
thanked the commission for their input and acknowledged that what they are proposing is different and may represent a shift
in the community's values.
B. Review and Approve Planning Commission Recommendation on Marijuana Cultivation and Businesses
Ordinance.
Community Development Director Bill Molnar noted the ordinance and draft recommendations have been presented to the
City Council but if the commission has changes a revised report can be submitted at the next meeting. Commissioner
Thompson requested clarification about cultivation in E1 and M1 zones and stated it was her understanding that commercial
grows could not be located outdoors. Mr. Molnar concurred that this was the intent,
Support was voiced for the recommendation as presented.
ADJOURNMENT
Meeting adjourned at 9:15 p.m.
Submitted by,
April Lucas, Administrative Supervisor
Ashland Planning Commission
November 24, 2015
Page 3 of 3
CITY OF
-ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 8, 2015
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director (Joined the meeting at 8:15 pm)
Michael Dawkins Maria Harris, Planning Manager
Debbie Miller Derek Severson, Associate Planner
Melanie Mindlin April Lucas, Administrative Supervisor
Haywood Norton
Roger Pearce
Lynn Thompson
Absent Members: Council Liaison:
None Greg Lemhouse, absent
ANNOUNCEMENTS
Planning Manager Maria Harris announced second reading of the Normal Neighborhood ordinance package and first reading
of the marijuana ordinance is scheduled for the next City Council meeting.
CONSENT AGENDA
A. Approval of Minutes
1. October 27, 2015 Special Meeting.
2. November 10, 2015 Regular Meeting.
Commissioners Brown/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed
unanimously.
PUBLIC FORUM
Larry Roven12301 Siskiyou Blvd, #215/Stated he is impressed with the degree of work and detail contained in the Normal
Neighborhood Plan and complimented the Planning Commission and all those involved.
Joseph Kauth/1 Corral, #13/Expressed concern with the forest resiliency project and requested a moratorium to the activities
taking place on Mt. Ashland.
UNFINISHED BUSINESS
A. Adoption of Findings for PA-2015-2015-01284, 474 Russell Drive.
No ex parte contact was reported.
Commissioners Dawkins/Brown mis to approve the Findings for PA-2015-01284. Voice Vote: all AYES. Motion passed
unanimously.
B. Adoption of Findings for PA-2015-01517, 209 Oak Street.
No ex parte contact was reported. Commissioner Thompson noted that the commission agreed that no parkrow had to be
installed on B Street and recommended item 11(e) be amended to read, "All required street frontage improvements, including
Ashland Planning Commission
December 8. 2015
Page 1 of 5
but not limited to the sidewalk, parkrew aviFq irrigated street tress spaced at one tree per 30 ft. of frontage, and street lighting
shall be installed under permit from the Public Works Department and in accordance with the approved plans, inspected and
approved by the Staff Advisor."
Commissioners Thompson/Dawkins m/s to approve Findings for PA-2015-01284 as amended. Voice Vote: all AYES.
Motion passed unanimously.
TYPE I PUBLIC HEARING
A. PLANNING ACTION: PA-2015-02038
SUBJECT PROPERTY: 85 Winburn Way
APPLICANT: Carlos Delgado, Architect
OWNER: Bryan & Stephanie DeBoer
DESCRIPTION: A request for a Physical and Environmental Constraints Review Permit for the development of
Hillside Lands with Severe Constraints to allow the construction of a single family residence on the property
located at 85 Winburn Way. The application includes requests for an Exception to the Development Standards for
Hillside Lands (18.3.10.090.13 Hillside Grading & Erosion Control) to allow structural retaining walls along the
west side of the property to exceed seven feet in height and for Tree Removal Permits. 18 of the site's 21 trees
are proposed for removal, including three significant trees 18-inches or more in diameter which require Tree
Removal Permits. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 391E 09 BC; TAX LOT: #3000.
Commissioner Mindlin read aloud the public hearing procedures for land use hearings.
Ex Parte Contact
Commissioners Brown, Dawkins, Miller, Norton, Pearce, Thompson, and Mindlin declared site visits. No ex parte contact was
reported.
Staff Report
Associate Planner Derek Severson reviewed the proposal for 85 Winburn Way which includes: 1) a Physical & Environmental
Constraints Review permit for the development of hillside lands with severe constraints to allow the construction of a single
family residence, 2) an exception to the Development Standards for Hillside Lands to allow structural retaining walls that
exceed 7 ft. in height, and 3) Tree Removal Permits to remove three trees larger than 18 in. d.b.h. Mr. Severson provided an
overview of the surrounding area and remarked on the on-street parking and pedestrian traffic in this location. He reviewed the
applicant's elevation drawings, site plan, tree removal and protection plan, and commented on the slope and the proposed
retaining wall at the back of the property. He explained the applicants have provided a slope analysis and geotechnical report,
as well as an arborist report in their submittal materials. Mr. Severson stated the arborists report is clear that due to the health
of the trees, their location, and the type of soils found on the site, the trees need to come out. He noted in 2014 one of the Oak
trees on the site fell due to a fungus that affected the roots, and shortly thereafter the Parks Department evaluated the trees on
the adjacent ice rink property and determined that eight trees needed to be removed. Mr. Severson stated the Tree
Commission recommended approval of the application as submitted; however, staff is requesting that trees 13 and 15 be
preserved. Regarding the slope and retaining wall, Mr. Severson explained the geotechnical report recommends against
terraced retaining walls and stated staff is supportive of this. Mr. Severson stated this is a straight forward application that
keeps with the residential zoning of the property, and stated staff is recommending approval with the conditions as outlined.
Applicant's Presentation
Carlos Delgado, Project Architect/Explained this property is zoned residential and their request for a single family home is
an outright permitted use. He stated they are before the commission to request an exception to the hillside development
standards for the retaining wall at the rear of the property, which will be 11-15 ft. in height. He noted this is a ministerial
decision that could have been made by staff. Mr. Delgado commented on the placement and design of the house and noted
this was taken to the Historic Commission for a courtesy review and they were supportive. He commented on the geotechnical
report and stated terracing would destabilize the soil and upper properties, and the development of this lot will create a more
stable situation for the area.
Ashland Planning Commission
December 8, 2015
Page 2 of 5
Brian DeBoer, Property Owner/Commented on his family's history and personal ties with this location, and stated his intent is
to build a home that fits well in this special location. Mr. DeBoer stated this site has some challenges but they have worked
hard to create a proposal that is worthy of this space. He stated the landscaping will be very park-centric and they are going to
use 4-6" caliber trees to repopulate the site. He noted they have spoken with many of the neighbors and received a positive
response, and asked for the Planning Commission's support of this project.
Laurie Sager, Landscape Architect/Commented on trees 13 and 15 and stated after consulting with their arborist, who is the
same professional hired by the city to remove the trees on the ice rink property, he determined that the trunk of tree 15 is too
close to the retaining wall and voiced concern that the roots stabilizing the tree would be severed by the construction. Ms.
Sager noted tree 13 is a Big Leaf Maple and hopes the commission will agree that this is not the right tree for this location. She
noted their proposal went before the Tree Commission and they unanimously approved the application.
Public Testimony
Connie Lynn/74 Granite/Stated her property is kitty-corner from the applicant's and expressed concern with soil stability and
going too far into the slope. Ms. Lynn commented on the character of the area and suggested if the house was scaled down it
would better match the rest of the park setting and they would not have to push as far into the slope.
Michael Daole/247 N Laurel/Stated this is a ridiculous place for a residence and the structure will change the flavor of the
area. Mr. Daole stated any building that goes into this space should keep with the theme of public and service buildings.
Applicant's Rebuttal
Mr. Delgado stated the Historic Commission reviewed this project and felt it was appropriate and would fit well in this location.
He stated this site has been underutilized for decades and reminded the commission that this property is zoned residential.
Regarding the stability of the slope, he stated this is of utmost importance to them and they are confident that the structure and
retaining wall have been properly designed and engineering.
Deliberations & Decision
Commissioners Dawkins/Brown m/s to approve PA-2015-02038, including the removal of trees 13 and 15.
DISCUSSION: Commissioner Dawkins commented that the architect did a good job and the house blends well with the
hillside. Commissioner Brown thanked the applicants for the level of engineering data submitted and stated this property has
been an eyesore for a long time. He stated the new trees will restore the tree environment as believes the house will fit well.
Commissioner Thompson voiced appreciation for the extensive information provided by the applicant and stated this provided
assurance that the slopes will be dealt with appropriately and the stability of the site will be improved. She added the design
blends residential and commercial elements and reflects what is going on around it. Commissioner Miller advocated for tree 13
to be retained and stated she is disappointed with the building's design. She stated she would have preferred something that
reflected the Skidmore Historic District. Commissioner Pearce stated this is a nice looking building and it is placed well on the
site. Commissioner Mindlin stated they are limited in what they have under their consideration, and stated this is a well-
designed and conscientiously planned project. Commission Norton commented that the landscaping will grow and expand and
will reflect the park across the street. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Mindlin, Norton, Pearce,
Thompson, and Mindlin, YES. Motion passed unanimously.
Community Development Director Bill Molnarjoined the meeting at 8:15 p.m.
TYPE II PUBLIC HEARING
A. PLANNING ACTION: PA-2015-01856
SUBJECT PROPERTY: 229 W. Hersey St.
OWNERIAPPLICANT: RW Signature Properties LLC
DESCRIPTION: A request for Site Design Review approval to construct 11 multi-family residential units for the
property located at 229 West Hersey Street. Also included are requested for an Exception to Street Standards to
construct a five-foot sidewalk and five-foot bio-swale parkrow where a six-foot sidewalk and seven-foot parkrow
planting strip are required, and a Tree Removal Permit to remove three trees greater than six-inches in diameter
Ashland Planning Commission
December 8, 2015
Page 3 of 5
at breast height (d.b.h.). COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING:
R-3; ASSESSOR'S MAP: 391E 04CC; TAX LOT: #9900.
Ex Parte Contact
Commissioners Dawkins, Miller, Norton, Pearce, Thompson, and Mindlin declared site visits. No ex parte contact was
reported.
Staff Report
Associate Planner Derek Severson reviewed the application to construct 11 multifamily residential units, which includes an
exception to the Street Standards to construct a 5 ft, sidewalk and 5 ft. bioswale, and a Tree Removal permit to remove three
trees greater than 6 in. d.b.h. Mr. Severson reviewed the project's density, site plan, elevation drawings, and planting plan. He
explained the project has significantly less lot coverage and significantly more open space than required, and noted each unit
will have its own garage space and private patio. He noted the staff report raises the question of whether an arborist report
should be required for the tree removals; however, the Tree Commission did review the application and recommended
approval as submitted. Regarding the sidewalk and parkrow, Mr. Severson stated staff is supportive of approving the
exception and stated they are recommending approval of the application with the conditions as outlined.
Questions of Staff
Staff was asked to comment on the Tree Commission's review of the proposal. Mr. Severson stated he was not present for
that meeting, but stated the commissioners did conduct site visits and did not feel it was necessary to preserve the identified
trees. Staff was asked about the alley dimensions and backup space, and Mr. Severson clarified there is a recommended
condition of approval that would address this. The condition requires the applicants to demonstrate the alley meets the
requirements with their building permit application.
Applicant's Presentation
Randy Wallace, Property Owner/Stated he won a Historic Preservation Award for his last multifamily project on Coolidge
Street and he would like to improve on that project and create another development. Mr. Wallace stated he has spoken with
many of the neighbors and by enlarge they were very optimistic. He explained this type of housing is lacking in Ashland and
this project will address a demonstrated need. He stated the proposal fits the zoning and the tenants will have very nice units
with wood flooring, balconies, views, and open space. Mr. Wallace stated this development will provide more rentals and
believes this is a special project that will benefit the city.
Amy Gunter, Rogue Planning and Development/Explained the proposal is for a 2-story residence with an attached unit, and
9 one-bedroom units at the rear of the property. She stated there is a shortage of studio and one-bedroom units in Ashland
and this project will fill an identified need. Ms. Gunter reviewed the surrounding properties and stated there is a bed &
breakfast to the east and multifamily housing directly to the west, south, kitty-corner, and across the street. She commented on
the tree removals and stated the two Elm trees are in very poor condition, and tree #6 is rising out of the ground. She stated
they are all very unhealthy and noted they will be replacing these trees and planting additional trees as well. Regarding the
density bonus, Ms. Gunter stated they could have chosen to build fewer, significantly larger structures, but this would fill an
already met need in the city. Regarding the exception to the Street Standards, she stated the exception is merited due to the
site conditions, and she requested the commission allow 8 ft. driveway widths off the alley which would allow for greenspace
and planting strips in between each access way.
Mr. Wallace commented on the alley and clarified they will be having a boundary survey done, but based on his
measurements there is adequate width to meet the requirement. He noted they are providing significantly more open space
than required and believes the layout and orientation will provide a passive area that is very beautiful. Mr. Wallace noted
Condition 7(g) and asked that this be amended to only require Earth Advantage.
Public Testimony
Jeannie Azzoparchi/279 W Hersey/Stated she does not oppose the project or having more rentals in the neighborhood, but
expressed concern with traffic. She stated not many people go the posted speed limit and the traffic has gotten progressively
worse and more dangerous. Ms. Azzoparchi stated this proposal will add more traffic to the area and requested speedbumps
be installed on Hersey.
Ashland Planning Commission
December 8, 2015
Page 4 of 5
Michael Daole/247 N Laurel/Expressed concern with the extreme concentration of traffic at this location. He stated the
tenants will likely use the garages for storage and questioned where the cars will park. He stated the alley width is not
appropriate for the intensity that comes in and out, and noted the issues that occur on garbage/recycling pick-up day.
Luca Moschini/259 N Laurel/Stated he fully agrees with the two prior speakers and stated the alley is too small for the traffic
that the housing brings in. He stated the proposed buildings are too large for the area and at maximum, 4-5 units should go
there. Mr. Moschini agreed that the garbage and recycling bins are an issue and stated this area is not designed to
accommodate this many people on this sized lot.
Judy Cangiamilla/247 N Laurel/Agreed with the prior speakers and voiced concern with the alley width and traffic congestion.
She stated two cars cannot pass each other in the alley and one vehicle has to reverse out to make room. She stated she is
supportive of the property being developed but stated this is too many units for the site.
Questions of Staff
Staff was asked whether they considered a condition to require vehicle parking in the garages. Mr. Severson stated the code
already states that garages are to provide the required parking and cannot be used for storage, however this could be
reiterated in a condition of approval. Regarding the recycling and garage bin issue, Mr. Severson stated this project will have
an enclosed recycling and trash area. Mr. Severson also commented on Hersey Street and clarified this is a higher order street
intended to accommodate these traffic levels and no traffic study was required. When asked if the commission should consider
alley improvements to accommodate two way traffic, Mr. Molnar stated it is not advisable to encourage two-way traffic on the
city's alleyways. He added this has been the long-standing position of the Public Works Department.
Applicant's Rebuttal
Mr. Wallace clarified the garbage and recycle bins will never sit out in the alley. He noted they have met with Recology and
believe they have addressed any potential trash issues. Ms. Gunter commented on the alley and noted the city requires
developments to take access off the alley if there is one. She noted they are aware that on street parking can be problematic in
Ashland, which is why they have a garage for each unit on the site. She added they have no concerns with a condition that
requires the garages to be used for parking.
Commissioners Brown/Dawkins mis to extend the meeting to 10:00 p.m.
Deliberations & Decision
Commissioner Brown/Dawkins m/s approve PA-2015-01856 with an added condition that states the garages shall not
be used for storage. DISCUSSION: Commissioner Mindlin noted the applicant's requests to remove the Energy Star
requirement and to grant a reduction in the garage driveway widths. [Or. Severson clarified the Energy Star bonus is not
needed and the applicants meet the density bonus requirements without it. Mr. Brown stated he is sticking with staff's
recommendation to keep the driveways at 9 ft. and stated if there is enough space to accommodate the city standard they
should do so. Commissioner Dawkins stated he is sympathetic to the speeding issue raised, however it is not within their
purview to require speedbumps. He added he is appreciative that the applicants are proposing the types of housing units
Ashland really needs. Commissioner Thompson stated her main concern was the alley, but noted this area is zoned R3 and it
is required that properties be designed to take access of the alleyway. Commissioner Miller recommended traffic calming
measures be installed before anymore density goes into this area. Commissioner Mindlin voiced her support for the motion
and stated this project meets a clear housing need. Roll Call Vote: Commissioners Thompson, Brown, Norton, Pearce,
Dawkins, and Mindlin, YES. Commissioner Miller, NO. Motion passed 5-1.
ADJOURNMENT
Meeting adjourned at 9:45 p.m.
Submitted by,
April Lucas, Administrative Supervisor
Ashland Planning Commission
December 8, 2015
Page 5 of 5
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Liquor License Application for Bonnie Chirrick dba Cafe 116
FROM:
Barbara Christensen City Recorder, christeb@ashland.or.us
SUMMARY
Approval of a Liquor License Application from Bonnie Chirrick dba Cafe 116 at 116 Lithia Way
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 Bonnie Chirrick dba 116 Lithia
Way.
ATTACHMENTS:
Liquor License Application
Page 1 of 1
~r,
AMA
ZZME OREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
Application is being made for: CITY AND COUNTY USE ONLY
LICENSE TYPES ACTIONS Date application received:
❑ Full On-Premises Sales ($402.60/yr) E3 Change Ownership
❑ Commercial Establishment ® New Outlet The City Council or County Commission:
E3 Caterer Greater Privilege
Q Passenger Carrier Additional Privilege (name of city or county)
❑ Other Public Location ❑ Other recommends that this license be:
❑ Private Club
® Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied
❑Of-Premises Sales ($100/yr) By:
with Fuel Pumps (signature) (date)
Brewery Public House ($252.60) Name:
Winery ($250/yr)
❑ Other. Title:
90-DAY AUTHORITY OLCC U Y
❑ 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 Ott Premises Applica io ec' by:
Sales license and are requesting a 90-Day Temporary Authority
APPLYING AS: Date:
E 1-imited ❑ Corporation Aunited Liability ❑Individuals 90-da authority: ❑ Yes )(No
Partnership Company y
1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide)
o ULA- $oo NIA= f'lL l- LC- o
o
2. Trade Name (dba): l .`t
3. Business Location: W Al k I O \ d I CL(k I Al )e- 75 Z v
(number, street, rural route) (city) (county) (state) (ZIP code)
4. Business Mailing Address: 1)
oulte) (city) (state) (ZIP code)
(PO box, number, street, rural
V41
5. Business Numbers: `t l `i O B - (phone) (fax)
6. Is the business at this location currently licensed by OLCC? []Yes wo
7. If yes to whom: Tvoe of License:
8. Former Business Name: 22~ f
9. Will you have a manager? Yes Dqo Name: t~JCJ&rK
(manage mus fill out an In • "dual History form)
10. What is the local governing body where your business is located?
f 4`6f city or cour
11. Contact person for this application: i✓ r ~I a3" / y)
~ F' . (n 1/\ tt/ r V L / ~w (ph ~enumber -K- WAA )t J .
address)
(address) (tax number) (email
I understand that if my answers are not true and complete, the OLCC may deny my license application,
Appli )Signature s) and Date:
o Date e /6 /-3 bate
T Date T Date
1-800-452-OLCC (6522) • www.oregon.gov/oloc ,rew MtX111
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Appointment to Public Arts Commission
FROM:
Barbara Christensen, City Recorder, christebna ashland.or.us
SUMMARY
Confirm Mayor's appointment of Max Reinhardt to the Public Arts Commission with a term to expire
April 30, 2016.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Public Arts 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 Max Reinhardt to the Public Arts Commission with a term to expire
April 30, 2016.
SUGGESTED MOTION:
Motion to approve Max Reinhardt to the Public Arts Commission with a term to expire April 30, 2016.
ATTACHMENTS:
Application
Page 1 of 1
1r,
CITY OF
-ASS H LAN
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Reco?(~cr at
City Hall, 20 E Main Street, or email c),risteb4u ashland.or us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Requesting to serve on: WVX--kC-~ A7S 0;0'NM z A `,f~(Commission/Committee)
Address ~~/1 c~y CC
Occupation s , j _~n` tYt=~ i ;V ~ Phone: Home-S U-I'A
Work
V'L~ X~~~ tatv~~. ~.C
Email
Fax
1. Education Background
What schools have you attended?
What degrees do you hold?
What additional training 4 r education h ve yo ad that would ap ly to this posit?
CA.ali Z4 \t`t4C~Cs~~ ltdC'~` ✓~L~~~~`, ctict, G+~`~>
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this ositio
Do you feel it would be advantageous for you to have further training in this field, sucl
as attending conferences or seminars? Why?
3. Interests
Why are you applying for this position?
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
f
5. Additional Information
How long have you lived in this community? ~L -
Please use the space below to summarize any additional qualifications you have for this
position
r.
CAI-
Date Signature
November 3rd, 2015
Ashland Arts Council and Public Arts Commission
City Hall
20 E. Main Street
Ashland, OR 97520
Dear Ashland Arts Council and Public Arts Commission,
It has recently come to my attention that there are two positions on the Public Arts
Commission that the Ashland Arts Council is seeking to fill. I would like to take this
opportunity to express my interest in filling one of the positions with my considerable
experience in the field of art.
I have recently moved back to Ashland after leaving for college many years ago.
Throughout my 20 some odd years away I have come back to Ashland nearly every
single winter and summer to be with my family who has run a Bed & Breakfast her for
the past 31 years. In my pursuit of a career in art I have acquired a BFA at the University
of Colorado at Boulder, a MFA at the School of the Art Institute of Chicago where I
taught for 4 years and I taught as well at Pratt Institute of Art and Design for two years. I
moved back here with my fiance to enjoy the natural setting and pursue our art practices
as well as to try to engage the southern Oregon community in terms of art, curation and
teaching in the arts. I am currently an Instructor of Sculpture at Rogue Community
College as well as a teacher at the Ashland Art Center with recent exhibits at the Rogue
Gallery and Art Center, the Umpqua Valley Art Center and a solo exhibit next September
at Rogue Community College's Wiseman Gallery. Please see my included CV for a list
other exhibits, curatorial experience and publication.
I am hoping to bring my experience in art and curation to the Public Arts
Commission and Ashland. I have already begun to integrate into the art scene and have
recently been asked to join the Ashland Gallery Association. It would be an honor and a
privilege to join your esteemed organization and volunteer time to the city I love so
dearly.
Warmest Regards,
Max Reinhardt
176 Lincoln Street
(312) 961-4445
MAX C. REINHARDT
176 LINCOLN STREET
ASHLAND, OR
MAXANTHROPIC@GMAIL.COM
W W W.MAXREI NHARDTART.COM
EDUCATION
THE SCHOOL OF THE ART INSTITUTE OF CHICAGO
2006
Master of Fine Arts
Studio Arts: Installation, Ceramics, Sculpture, and Performance
UNIVERSITY OF COLORADO AT BOULDER
2001
Bachelor of Fine Arts cum Laude Honors
Studio Arts: Ceramics
EMPLOYMENT
ROGUE COMMUNITY COLLEGE
Sculpture Instructor
ASHLAND ART CENTER
Ceramics Instructor
SOUTHERN OREGON FRIENDS OF HOSPICE
Outside Sales Consultant
THE SISKYOU SCHOOL
ASHLAND, OR
Pottery Instructor
FREELANCE ART DEALER AND CONSULTANT current)
PRATT INSTITUTE
BROOKLYN, NY
201 3/14
Visiting Artist Professor Ceramics I/II
2012/13
Visiting Artist Professor Ceramics I/11
THE SCHOOL OF THE ART INSTITUTE OF CHICAGO
CHICAGO, IL
2010/11
Instructor Sculpture: Whiteware and Slip-Casting
2009/ 1 0
Instructor Ceramics: Materials and Processes
Instructor Sculpture: Whiteware and Slip-Casting
Instructor Ceramics for Designed Objects
2008/9
Instructor Non-Traditional Approach to Clay Spring/Summer
Instructor Sculpture: Whiteware and Slip-Casting Fall
Instructor Workshop: Hand-Modeling in Clay Fall
2007/8
Instructor Non-Traditional Approach to Clay
Instructor Method and Manipulation in Ceramic Process
2007
Instructor Non-Traditional Approach to Clay
YOLLOCALLI ARTS REACH IN ASSOC. WITH AFTER SCHOOL MATTERS
2007
Instructor of Installation Art/Photography/Sculpture (2 classes)
GALLERY SOVEREIGN
2002
Sole Proprietor, Chief Curator and Co-Creator of Gallery Sovereign for two years.
SOLO EXHIBITIONS
Paeans for Pariahs Wiseman Gallery, Rogue Community College, September 2016
Thousand Mile Stare Eyeheart Gallery, October 2013, Chelsea, Manhattan, NYC 2013
Don't think you can change my evil ways Heaven Gallery, August, Chicago, IL 2011
GROUP EXHIBITIONS
2015
Re-Thinking Ceramics Umpqua Vallery Arts Association, October 30", Roseburg, OR
Rogue Valley Biennial Rogue Gallery and Art Center, Medford OR
Drawing Show English Kills Gallery, Brooklyn NY
2014
English Villz Popup show at 385 Fulton St Curated by Villekorn Saphayet August
and to the hard parade - Curated for Bushwick Open Studios, 48 Melrose Studios,
May, Brooklyn
Clio Art Fair March 5-8" Chelsea, Manhattan, NYC
This Particular Patch, Gowanus Ballroom, January, Brooklyn, NY
2013
On/Off Acid Calico, June 7", Brooklyn
Ceramics Faculty Exhibit, Pratt Institute, February 10", Brooklyn
2012
AutoRedact Loft 594, November 10", Brooklyn
2011
Don't think you can change my evil ways, Heaven Gallery, August 15'", Chicago, IL
2010
Tri-State Area, Jolie Laide Gallery, December 16'", Philadelphia, PA,
More Betterer, Heaven Gallery, November 12", 2010, Chicago, IL
Fever Dream, Roots and Culture Gallery, February 271", Chicago, IL
Alternative Musical Instrument Group Show, Jul), 2"', Carver Hill Gallery, Rockport,
Maine
High Class Problems MaDa Shell Gallery, Ashland, OR August 10",
SELECTED EXHIBITIONS
2009-
Fine Arts Building Open Studios exhibit in Simon Slater's studio, October 10`h
Greenpoint, Brooklyn
Mahalo, Thrones Gallery, Chicago, IL
Faculty exhibit, Yollocallli Arts Reach, Chicago, IL
The Most Electrifying Space, public performance/installation in Philadelphia, PA
Saloon, Version Festival, NFOXPO, Zhou Bros Bldg, Chicago, II
Negotiated Landscapes, Betty Rhymer Gallery, Curated by Claire Pentecost Chair of
Photography, School of the Art Institute of Chicago
Art44/46 Public outdoor exhibition in the 44th/46"'' wards of Chicago (Lakeview East),
curated by Stuart Keeler.
Spun from the Web, G2 Gallery, curated by Shawnee Barton, School of the Art Institute
of Chicago
El Luchador Hambriento (The Hungry Wrestler), public installation and performance for
Negotiated Landscapes Exhibit, Chicago, IL
Artists for Peace, Al Jafar Gallery, Bethlehem, Palestine, with Richard Serra,
Master of Fine Arts Thesis Exhibition, G2 Gallery, School of the Art Institute of Chicago
Scurrying about in Grandeur, New York Studio Program
The Tetris Effect, Parsons School of Art, The New School, New York
The Drawing Center, Group Exhibition, New York
HONORS AWARDS AND DESIGNATIONS
Chicago Artist's Colition Grant 2008
SAIC Grant 2006
Exhibitions and Events Graduate student representatives for the School of the Art
Institute of Chicago (SAIC)
Voted Outstanding Student Leader, SAIC
Boulder Museum of Contemporary Art Lecture Series Speaker twice in 2003
Boulder Arts Commission Major Grant
Graduated with cum Laude Honors, UC Boulder
Honors Thesis Accepted, "Resonant Qualities of Ceramic Musical Instruments"
University Research Opportunities Grant, UC Boulder
Talent and Creativity Scholarship, UC Boulder
Special Collections, UC Boulder Library, "Redefining the Snapshot"
SELECTED PUBLICATIONS
Photograph entitled "Still Life with Teeter-Totter" published in Artnaughts 20 year
anniversary book, 05/2016
Artslant website, top 10 shows in Chicago to see in 2010 by Eric May, artslant.com
artUS review of "Negotiated Localities" exhibit at the Betty Rymer Gallery, Chicago, II_
Ryan Griffis
The School of the Art Institute of Chicago's Graduate Program advertisement, Art
Forum/Art in America/NY Times
"A Bodega in the Sky" Chicago Anti-Social, Chicago Reader 8/3/06
"Artists for Peace" Exhibition Catalog, available at the Gagosian Gallery, NY, NY or
upon request
REFERENCES
XAVIER TOUBES
Professor Emeritus Ceramics Department
The School of the Art Institute of Chicago
xtoube d,saic.edu
(708)763-9633
CAMMI CLIMACO
Area Co-Ordinator and Professor
Pratt Institute Ceramics Department, Brooklyn, NY
cammiclimaco@ gmail .corn
(212) 929-7828
JEFFREY MITCHELL
Artist and former Visiting Artist Professor at UC Boulder
iorangebear@yahoo.com
(206) 550-0601
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Appointment to Transportation Commission
FROM:
Barbara Christensen, City Recorder, christeb(aa ashland.or.us
SUMMARY
Confirm Mayor's appointment of Sue Newberry to the Transportation Commission with a term to
expire April 30, 2016.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Transportation
Commission.
Ashland Municipal Code (AMC) Chapter 2.17.020
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
N/Aion Commission with a term to expire April 30, 2016.
SUGGESTED MOTION:
Motion to approve Sue Newberry to the Transportation Commission with a term to expire April 30,
2016.
ATTACHMENTS:
Application
Page 1 of I
~r,
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 aashl~ind.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name 1 V S-= U1 $r_- I4'ty
Requesting to serve on: BRA t.> [moo's p~r"t i uyA (Commission/Committec)
Address 2Z 7 1 1T ° a a )-N
Occupation Phone: Home ` 15 -`?Z er
Work _
Email
Fax _
1. Education Background
What schools have you attended? 7R33 v ?--3
What degrees do you hold?
What additional training or education have you had that would apply to this position?
fit'
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? n
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
3. Interests
Why are you applying for this position?~ G
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? _
-7p - --I- Z -'e%
5. Additional Information S
How long have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
position
1aiz
Date Signature
ON
Attachment
Application for appointment to Transportation Commission
Sue Newberry
October 25, 2015
Question 1, additional training or education that would apply to this position:
As the State of Nevada Bicycle/Pedestrian Safety Program Manager I attended and certified in dozens
of workshops and mini-courses related to pedestrian and bicycle safety. I also attended and completed
various courses related to driver and occupant safety, including DUI, occupant protection, and older
driver programs. I interned with Dan Burden, of Walkable Communities, learning about methods to
plan and manage traffic in ways that promote the safety of all road users, including pedestrians and
bicyclists.
Question 2, prior work experience. I worked for the Nevada Office of Traffic Safety (OTS) for 8
years. Three of those years were spent specializing in bicyclist and pedestrian safety. I initiated
programs to teach teachers to teach children biking and walking safety skills and served on a variety of
committees at the Nevada Department of Transportation. I initiated and managed local grants to
improve pedestrian and bicycle safety, including policing strategies for speeding and crosswalk safety,
traffic calming programs, street improvements in high pedestrian injury areas, and traffic safety
education programs. During this time I served as Chair of the Bicycle Committee of the National
Committee for Uniform Traffic Control Devices, an entity that advises the Federal Department of
Transportation regarding roadway and bikeway signs, marking, and traffic management. Five years of
my OTS career were spent focusing on occupant protection and DUI programs. I then became a
consultant and worked under contract with numerous transportation engineering and planning firms. In
this role I taught Federal Department of Transportation courses in Bikeway and Pedestrian Facility
Design in communities throughout the U.S. I also conducted public involvement events for roadway
projects in the Reno/Sparks area.
Question 2, further training. I am open to attending conferences and training if the duties of the
position require a greater understanding of issues and best practices.
Question 3. I am applying for this position because I enjoy collaborating with others and feel I can
make a contribution to Ashland. I like this community and intend to stay here.
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Approval of 2016 Council Liaisons to Boards, Commissions, and Committees
FROM:
John Stromberg, Mayor, john@council.ashland.or.us
SUMMARY
This is the approval of the 2016 Council liaison assignments to city and regional boards, commissions,
and committees. These appointments will be effective immediately.
BACKGROUND AND POLICY IMPLICATIONS:
Each year the Council liaisons to the City and regional boards, commissions, and committees are
selected by the Mayor and approved by the Council.
COUNCIL GOALS SUPPORTED:
2.2 Engage boards and commissions in supporting the strategic plan.
FISCAL IMPLICATIONS:
None
STAFF RECOMMENDATION AND REQUESTED ACTION:
None.
SUGGESTED MOTION:
I move to approve the 2016 list of Council liaison assignments to boards, commissions, and
committees.
ATTACHMENTS:
Proposed assignments list
Page 1 of 1
1r,
Council Liaison Appointments
2016
City, appointed by Mayor and Council 2016
Airport
Band Board Carol
Conservation Rich
Forest Lands Stef
Historic Carol
Housing and Human Services Pam
Parks & Recreation [See below*]
Planning Greg
Public Arts Greg
Transportation Stef
Tree Carol
Wildfire Mitigation Stef
City Ad Hoc, appointed by Mayor and Council
Downtown Parking Management and Circulation Committee Rich, Pam
Normal Neighborhood Working Group Done
AFN Governance Structure Pam, Rich
Climate & Energy Action Plan Rich
City Recorder Position Done
Regional, appointed by Mayor and Council
Chamber of Commerce Mike
Mt. Ashland Board Mike
RVACT John
RVCOG Mike
RVMPO Rich
TRADCO
RVTD Carol
AFR Stef, Mike
* Parks & Rec is an independent elected body with its own sphere of responsibility, not an
advisory commission. Communications between it and the Council/Mayor will be conducted by
the Parks & Rec Chair and the Mayor.
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Authorization to Amend a Contract for Municipal Audit Services with Pauly,
Rogers & Co. P.C., Extending the Contract for One Year
FROM:
Lee Tuneberg, Administrative Services /Finance Director, lee.tuneberg@ashland.or.us
SUMMARY
The City of Ashland has one more year on its contract with Pauly, Rogers & Co. to perform the annual
City and Parks audits for the fiscal year ending June 30, 2016. The City is beginning a computer
software conversion that will extend beyond that audit. Staff raised this issue with the Ashland Audit
Commission and the Commission recommends extending the contract an additional year to provide
continuity through the conversion.
BACKGROUND AND POLICY IMPLICATIONS:
Pauly, Rogers & Co. was awarded the contract for Municipal Audit Services in November 2011. The
contract term was three years with two one-year extensions for both City and Parks. The last year's
extension would be for FY 2015-2016 with the work being completed by December 2016. The audit
services by Pauly, Rogers & Co. have met all expectations to date.
In December, 2015, City Council approved a much needed conversion to Munis financial software that
will take more than a year to complete. Staff believes working with the same auditor through the
conversion will benefit all with continuity, consistency and availability of auditing/accounting experts
to help assure appropriate detail and security controls migrate and/or are implemented with the new
system
The Ashland Audit Commission recognized the benefit of uninterrupted accounting support and audit
oversight during the next two years. The Commission recommends that the City and Parks maintain
the same audit commitment an additional year beyond the existing contract to help assure a smooth
transition. A formal bid process is anticipated in late 2017 for the FY 2017-18 audit if this extension is
approved.
COUNCIL GOALS SUPPORTED:
Administrative and Governance Goal: Provide high quality, effective, and efficient city services and
governance in an accessible, collaborative, and fiscally responsible manner.
939: Ensure on-going fiscal ability to provide desired and requires services at an acceptable level.
FISCAL IMPLICATIONS:
The Administrative Services Department and Parks and Recreation Commission budget for these
services. Total cost for the FY 2014-15 audits was $52,150. Total audit costs for the City, Parks,
Page 1 of 2
11VALAA
CITY OF
ASHLAND
federally required single audit services, food & beverage and lodging taxes audits for FY 2015-16 is
quoted at $53,000 and $53,950 for the following year (extended year being requested).
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the existing contract be amended, extending services one additional year to allow
auditing for FY 2016-2017 and to support the software conversion project.
SUGGESTED MOTION:
I move to authorize the City Administrator to enter into an agreement amending the terms necessary to
extend the existing municipal audit services contract one year with Pauly, Rogers & Co., P.C.
ATTACHMENTS:
Draft Minutes from the Ashland Audit Commission 10/26/2015
Contract for Municipal Audit Services dated 11/16/2011
Pauly, Rogers, and Co. P.C. fee proposal for 2015-16 and 2016-17
Page 2 of 2
~r,
CITY OF
ASHLAND
Audit Commission DRAFT Minutes
(Municipal Audit Commission AMC 2.11.010)
November 16, 2015 at 1:00 p.m.
Siskiyou Room
51 Winburn Way, Ashland OR
Call to Order
Called to order at 1:03pm
Roll Call
Present:
Thomas Hepford
Rich Rosenthal
Roberta Stebbins
Mary Cody
Barbara Christensen (Non Voting)
Other:
Dave Kanner City Administrator
Lee Tuneberg Administrative Services and Finance Director
Cindy Hanks Accounting Division Manager
Michael Black Parks Director
Kenny Allen CPA Pauly, Rogers and Co., P.C.
Kristy Blackman Administrative Assistant (Minute Taker)
Approval of Minutes
Moved Hepford
Seconded Cody
To approve the Audit Commission Minutes of October 27, 2014
ALL AYES
MOTION APPROVED
Presentation by Independent Auditors - Pauly, Rogers, and Co., P.C.
Stebbins complimented all staff on the presentation.
Parks Comprehensive Annual Financial Report (CUFR)
Representing Pauly, Rogers and Co., P.C. (PR&C), a certified public accounting firm engaged by the
City of Ashland (COA) to perform auditing services, Allen presented the COA Comprehensive Annual
Financial Report (CAFR), the AP&R Comprehensive Annual Financial Report (CUFR), and
Management Letters to the COA and the AP&R Commission.
Allen acknowledged that AP&R have received their Government Finance Officers Association (GFOA)
award for FY 2013-14.
CITY OF
ASHLAND
Allen summarized the audit process and stated that the purpose of the audit was to determine if fair
presentation of the financial statements and compliance with generally accepted accounting principles
and auditing standards, applicable Oregon Municipal Audit Law and Administrative Rules, and Federal,
State and other agency rules and regulations related to financial assistance had been accomplished.
Directing to pg 19 Allen referred to the overall financial statements for AP&R where he outlined the
opinion given and stated that this was an "unmodified opinion" being the cleanest opinion available. He
noted that there were no qualifications or issues with this section.
Allen then directed the commission to page 87 and discussed the state minimum standard audit which
covers budget law, purchasing, investments etc. He noted that there were no issues with this section.
Pointed out pg26 of the CUFR, "Statement of Net Position" and noted the implementation of GASB68
and outlined the requirements.
Stebbins complimented AP&R on their transmittal letter.
Corrections;
• Pg80 - Rosenthal pointed out that there is a small discrepancy in the number of trees planted
and trees maintained.
• Pg24 - Hepford noted the reference to pg41 should actually be pg53.
There was no Parks Management Letter.
City of Ashland Comprehensive Annual Financial Report (CAFR)
Allen acknowledged that the COA have received their GFOA award for FY 2013-14 and referred to
pg24 noting that an unmodified report was delivered regarding the overall opinion. He clarified that the
auditor is responsible for opining the financial statements and the notes only.
Allen noted that there were no issues and a clean unmodified opinion was given with regard to the state
minimum standards as noted in the report given on pg161. This covers budget, collateral, insurance,
outside funded programs, investments, purchasing etc.
Allen noted that while there was an audit performed on the Schedule of Federal Financial Assistance
found on pg169, focusing on the Community Development Block Grant Program, no issues of non
compliance were found.
Allen next referred to the City Management Letter found on page 167 and noted that there were no
issues.
Allen referred to pg4 of the attached hand out; New Items.
GASB 72
GASB issued Statement No. 72, Fair Value Measurement and Application, which prescribes how state
and local governments should define and measure fair value. It also prescribes which assets and
CITY OF
ASHLAND
liabilities should be measured at fair value, and expands disclosures related to fair value
measurements. This standard is required to be implemented in fiscal year 2015-16.
SINGLE AUDIT
On December 26, 2013, the Office of Management and Budget ("OMB") issued the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, for state
and local governments, non-profit entities, institutions of higher education and tribal governments. This
guidance (also referred to as the "Supercircular") supersedes the requirements from eight OMB
Circulars down into one. As a result of this circular, there will be changes to the single audit
requirements previously specified under OMB Circular A-133, Audits of States, Local Governments and
Non-Profit Organizations. Beyond making changes to auditor requirements the new standards required
that non federal entities follow the new Cost Principles in 2 CFR 200 for any grants that were awarded
after December 26, 2014.
In these standards there are also significant purchasing changes to federal grants that apply July 1,
2016. The purchasing department should be familiar with these new standards, because these
standards are detailed and complex.
IMPLICIT RATE SUBSIDY FOR OPEBs
In Oregon, an implicit rate subsidy is required for almost all entities, due to the fact that Oregon law
requires that any retiree be allowed to buy-back into their former employer's health insurance plan. In
the past, relatively small employers participating in a large, pooled health plan were sometimes exempt
from having to account for an implicit rate subsidy due to a "community-rating" exception. In general,
this exception applied when the claims experience of an individual employer would have virtually no
impact on the premium being charged to that employer. The accounting standards that apply to
OPEBs refer to the Actuarial Standards of Practice (ASOPs) in determining whether a community-rated
situation applied. However, the newly revised ASOP 6 virtually eliminated the concept of the
community-rating exception. As a result, agencies participating in community-rated plans that had
previously been exempt from reporting liabilities due to an implicit rate subsidy may now be required to
do so. We recommend that Management contact an actuary to determine if an actuarial study is
required.
SENSITIVE INFORMATION
The City outsources sensitive information. While sharing sensitive data with an outside service
provider may reduce costs or lead to increased efficiencies in operations, it also may create data
breach risks for the City. We recommend the Council and Management review the risks regarding this
matter and consider requesting that the service provider name the City as an additional insured party,
in order to mitigate such risks.
The question of whether additional insured's can be audited and it was confirmed that this does not
happen. It was suggested that this is something that could be looked into.
Allen outlined figures on pg35 which shows an assumed increase of 3.5% in PERS related liability.
Corrections;
• Pg10 paragraph 2 line 6 - Add "With the exception of the Budget Committee"
• Pg10 paragraph 5 - Stebbins questioned the increase in activity by 400%. Hanks responded
that it was the increased valuation of permits not activity. Tuneberg agreed to find a better way
to state this.
CITY OF
ASHLAND
• Pg15 paragraph 2 line 3 -Award year needs to be changed from twenty first year to twenty sixth
year.
• Pg64 - Stebbins asked if we should include something in the note to document communication
with the hospital that they will pay. Kanner answered no.
• Pg66 - fix column date from 2016 to 2015.
• Pg148 - fix number of top employers reported from 5 to 4.
• Pg148 - change 2015 reference to the hospital from Ashland Community Hospital to Asante.
Public Input
None
Discussion
Stebbins thanked staff.
Moved Rosenthal
Seconded Cody
To accept the Parks Comprehensive Annual Financial Report as presented or amended through
commission discussion.
ALL AYES
MOTION APPROVED
Moved Hepford
Seconded Cody
To accept the City Comprehensive Annual Financial Report as presented or amended through
commission discussion.
ALL AYES
MOTION APPROVED
Commission members signed the Annual Letter.
Proposed Audit Fees
Tuneberg spoke to this subject and requested support and input for an extension with PR&C with the
provision that we add another year before going to bid to aide with the software conversion.
Support for staying with PR&C was affirmed by Hepford and Christensen. Chistensen asked whether
for banking purposes we need to have a contract with one year extensions. Tuneberg responded that it
is a good tool and fair and believes it works well with consultants.
Rosenthal suggested that, while there is a relationship between city and PR&C, it may be inconvenient
if we were to move away from the company right now and asked if it would make sense to do a new
three year contract under the same terms, giving a three year window to get through the software
conversion.
Kanner pointed out that all one year options are at the city's discretion.
CITY OF
ASHLAND
Christensen asked if we have to go to bid. Tuneberg responded that we have to follow state contract
guidelines.
Hepford asked if there was any question that PR&C would sign another contract with the
city. Tuneberg responded he believes due to the good work of accounting and the ease of the process,
that they would accept and extension with the city. Christensen agreed with this statement.
Stebbins pointed out that it is quite time consuming to do RFP's and asked the commission to consider
the practicality.
Hepford and Stebbins expressed no objection to the extension.
Tuneberg added that he would like to extend the current contract for two years. Kanner suggested a
two year extension with an option for another year.
Moved Hepford
Second Cody
To make a recommendation to council that we extend the current contract with Pauly Rogers for two
years with an option to extend for a third year.
ALL AYES
MOTION APPROVED
Tuneberg thanked staff for their contribution to the process.
Adjournment
Adjourned at 2:35pm
Respectfully Submitted
Kristy Blackman
Administrative Assistant
Contract for Municipal Audit Services
C I T Y OF CONSULTANT: Pauly Rogers and Co., P.C.
ASHLAND CONTACT: Kenneth Allen, CPA
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 12700 SW 72nd , Tigard, OR 97223.
Telephone: 541/488-6002
Fax:. 541/488-5311 TELEPHONE: 503-620-2632
DATE AGREEMENT PREPARED: November 16, 2011 FAX: 503-684-7523
BEGINNING DATE: January 1, 2012 COMPLETION DATE: November 30, 2014 _
COMPENSATION:
City agrees to pay the Contractor for the City audit and the Parks Commission audit as follows:
FY 2011-2012, the sum of $38,900.00 and $12,000.00 respectively for a total of $50,900.00.
FY 2012-2013, the sum of $39,450.00 and $12,350.00 respectively for a total of $51,800.00.
FY 2013-2014, the sum of $40,000.00 and $12,600.00 respectively for a total of $52,600.00
For a detailed list of the proposed fees, the Fee Arrangement Worksheet is attached as Exhibit C_
SERVICES TO BE PROVIDED: Contractor shall conduct an audit of the accounts and fiscal affairs of the City
and the Parks Commission, as well as, additional audits for Food & Beverage Tax and Transient Occupancy
Tax for the fiscal years ending June 30, 2012, 2013 and 2014, as set forth within the Request for Proposal
released September 26, 2011 for Municipal Audit Services.
ADDITIONAL TERMS: This contract may be extended annually, by mutual consent of both parties, for up to
two 2 additional ears for a maximum period of five 5 ears,
FINDINGS:
Pursuant to AMC 2,50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date-indicated
above and complete the service by the completion date indicated above,
5. Compensation: City shall pay Consultant for service performed; including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice, Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
city.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,890 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from an and all losses, claims, actions, costs, expenses, judgments, subro ations, or other damages resulting from
Contract for Municipal Audit Services, Page 1 of 5
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Cites Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause, City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract, or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed,
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
. addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11, Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. . Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, 1 000 000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
Contract for Municipal Audit Services, Page 2 of 5
C. General Liability, insurance with a combined single limit, or the equivalent, of not less than Enter one:
$700,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance., Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc, shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract sha_ ll be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE. AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Consultant:
City of Ashland
By By
Signature Department He d
% u n~rr3r£.~G
lnn~ N A&., LE 4-
Print Name Print Name
/7124//
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No,
d,J r70
Contract for Municipal Audit Services, Page 3 of 5 .
Pauly, Rogers, and Co., P.C.
12700 SW 72°`' Ave. + Tigard, OR 97223
(503) 620-2632 ♦ (503) 684-7523 FAX
www.paulyrogersandcoepas.com
ROG
I
December 5, 2015
Lee Tuneberg, Administrative Services Director
City of Ashland
FEES FOR THE CITY OF ASHLAND, ASHLAND PARKS AND AGREED UPON PROCEDURES
The following is the proposed audit fees for the City, Parks and the two agreed upon procedure engagements, our fee
increases are based on a percentage increase over the preceding years fee that accounts for the effect of inflation, new
standards, and anticipated normal increase in the City's operations. Our fees listed below include all travel and out of
pocket expenses. Our services will be the same as described in our October 2011 audit proposal.
2015-16 2016-17
City Audit $ 32,500 $ 33,150
City Single Audit, if needed $ 2,600 $ 2,700
Parks Audit $ 9,600 $ 9,700
TRT Agreed Upon Procedures $ 4,100 $ 4,150
Food and Beverage Agreed Upon Procedures $ 4,200 $ 4,250
OTHER INFORMATION
Telephone calls from the City seeking advice or assistance are welcomed anytime during the year, and such calls are
anticipated as part of the total proposed fee. We will also contact you to provide any information and intelligence we
derive from our contacts and clients. Our willingness to provide minor technical assistance throughout the year without
billing for additional services has been one of the trademarks of Pauly, Rogers and Co., P.C. A great deal of discussion is
expected to occur during the year, all of which helps the auditors, as well as the City, properly deal with issues as they
arise. If the City desires additional work that is outside the scope of the audit, including items such as: agreed upon
procedures, special projects, or future major GASB pronouncements. The additional time will be billed at our standard
hourly billing rates for the individuals who perform those services. The following is the hourly rate for each position in
our firm: Partner - $150/hr, Audit Manager/In Charge $120/hr, and Staff $100/hr.
Kenny Allen, as signer of this letter, is authorized to make representations and to bind the Firm in regard to this fee
proposal. This fee proposal is a firm and irrevocable offer for 90 days from the date of submission on December 5, 2015.
We may be reached at the address and the telephone number listed above should you have any questions.
Sincerely,
Kenny Allen, CPA
PAULY, ROGERS & CO., P.C.
CITY OF
-ASHLAND
Council Communication
January 19, 2016, Business Meeting
Authorization to Amend a Contract with Diamond Parking Services Extending
Parking Enforcement Services Up to Two Years
FROM:
Lee Tuneberg, Administrative Services /Finance Director, lee.tuneberg cl)ashland.or.us
SUMMARY
The City of Ashland contracts with Diamond Parking Services to manage parking enforcement in the
downtown area. The contract is set to expire but the City is not ready to bid services until work is
complete on the downtown parking and circulation. Staff requests authorization to amend the existing
contract where needed, extending it for up to two years or until a fonnal bid for an updated scope of
services can be completed.
BACKGROUND AND POLICY IMPLICATIONS:
City of Ashland has contracted with Diamond Parking Services to manage parking enforcement in the
downtown area since the Police outsourced this work in 2001. Diamond won the bid in 2001, 2005
and 2010. Staff deferred bidding last year pending recommendations from the Downtown Parking and
Circulation study and potential changes in scope. More time is needed to allow such recommendations
and changes to be solidified. The existing contract has a 30-day, "Termination Without Cause" option.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
The Administrative Services Department budgets nearly $130,000 a year for parking enforcement
services and related costs. These expenses are funded by parking fees and charges. Anticipated
increases in costs are expected to be 3% per year depending on scope. The extension will have no
significant impact on the budget.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the existing contract be amended, extending services for up to two years, to provide
adequate time to define a new scope and to formally bid services following completion and adoption of
the Downtown Parking and Traffic Circulation Plan.
SUGGESTED MOTION:
I move to authorize the City Administrator to enter into an agreement amending the terms necessary to
extend the existing parking enforcement contract with Diamond Parking Services for up to two years.
ATTACHMENTS:
Contract for Parking Enforcement and Administration dated 12/27/2010
Page I of I
I`,
a
CONTRACT FOR PARKING ENFORCEMENT & ADMINISTRATION
Contract made on the date specified below in Recital A between the City and Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Contractor: Diamond Parking Services
City Hall Address: 116 Lithia Way, Suite #7A
20 E. Main St, Ashland, OR 97520
Ashland, Oregon 97520
(541) 488-6002 Telephone: 541-552-1422 (Linda Fait/Ashland office)
FAX: (541) 488-5311 FAX: 541-552-1422 (Tel/Fax
Date of this agreement: 12127/2010 B: Date RFP 1st Advertised: 11104/2010
Beginning Date: February 1, 2011 Proposal opening date: 12/09/2010
Completion Date: January 31, 2014
2.2. Contracting officer: Todd Clifford, City Manager and Linda Fait, Area Manager
2.3. Project Name: Parking Enforcement & Administration Services
Project Description: City-wide parking enforcement and administrative services
6.1 Contractor's representative: Todd Clifford, City Manager and Linda Fait, Area Manager
8.3. Maximum contract amount: Per proposal submitted in response to RFP 12109/2010
Term: Contract is being awarded for a three year term with the option of two (2) one-year extensions for
a maximum term of five 5 ears.
B. On the date noted above, City issued a request for proposals (RFP) for services needed by City for the project
described above. Contractor submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to
provide the services covered by the RFP.
City and Contractor agree as follows:
1. Relationship between City and Contractor: Contractor accepts the relationship of trust and confidence established
between Contractor and City by this'contract. Contractor covenants with the City to perform services and duties in
conformance to and consistent with the standards generally recognized as being employed by professionals of
Contractor's caliber in the locality of the project. Contractor further covenants to cooperate with City, City's
representatives, contractors, and other interested parties in furthering the interests of City with respect to the
contracted services. Contractor acknowledges that City is relying on Contractor to provide professional services in a
manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in
the construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of.Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
24. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other
RFP - Parking Enforcement & Administration, 11/04/2010, Page I of 5
iA
services and products which Contractor is required to provide under this contract.
3, Term: The term of this contract shall commence on the date specified in Recital A above and on the completion
date specified in Recital A above, or with thirty (30) days written notice to the other party.
4. Authority of Contracting: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to authorize
services, transmit instructions, receive information, interpret and define City's policies and make other decisions with
respect to Contractor's services.
5. Contractor's Services: Contractor shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements
relative to the services. -
5.12. Cooperate with other Contractors retained by City in the exchange of information
needed for completion of the services and the project.
5.2. Contractor shall commence performance of services after receiving written authorization from the
contracting officer for work described in the RFP. Contractor shall perform the services as expeditiously as is
consistent with professional skill and care.
5.3. Contractor shall perform the services as an independent contractor in accordance with generally
accepted standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical
accuracy and the coordination of all services performed by Contractor. Contractor shall, without additional
compensation, correct or revise any error or deficiencies in the services that are caused by Contractor's negligence.
City's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of
City's rights under this contract or of any cause of action arising out of Contractor's services. In the event of any
breach of this contract by Contractor or negligent performance of any of the services, City's cause of action against
Contractor shall not be deemed to accrue until City discovers such breach or negligence, or should have, with
reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed,
however, to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
5.4 In addition to the services described in the scope of work section of the RFP, the City shall make
advance payments for postage in the form of a $6,000 deposit which will be monitored and replenished as scheduled
or as needed to process a sufficient amount of mail.
5.5 This contract may be terminated by either party for any reason with thirty (30) days written notice.
6. Assignment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Contractor's representative in all communications and
transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of
Contractor's employees to perform services if the requests are consistent with sound business and
professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
7.2. City will arrange for access to, and make all provisions for Contractor to enter upon, public and private
property as required for Contractor to perform the services.
7.3. The contracting officer will act as liaison between City, Contractor, public agencies, and others involved
in the project.
RFP - Parking Enforcement & Administration, 11/04/20 10, Page 2 of 5
8. Payment:
8.1. City shall pay Contractor for services. No reimbursement will be made for expenses that are not
specifically agreed to by the contracting officer.
8.2. Contractor shall submit monthly invoices to City for Contractors services within ten days after the end of
the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A
above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in any one week, except for
persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections
201 to 209.
9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior
to commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage
required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a
certificate of insurance. If Contractor is a self-insured employer, Contractor shall provide City with a certification from
the Oregon Department of Insurance and Finance as evidence of Contractors status.
9.4. If the amount of this contract is $18,703 or more, Contractor is required to comply with chapter 3.12 of
the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work
under this contract and to any subcontractor who performs 50% or more of the service work under this contract.
Contractor is also required to post the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and
hold harmless Contractor, its Contractors, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, specifications and other documents prepared.by Contractor without prior written
authorization of Contractor.
11. Records:
11.1. Contractor shall develop and maintain complete books of account and other records on the services,
which are adequate for evaluating Contractor's performance. Contractor shall maintain records in such a manner as
to provide a clear distinction between the expenditures and revenues related to the project and the expenditures and
revenues related to Contractor's other business.
11.2. Contractor's books and records shall be made available for inspection by City at reasonable times, to
verify Contractors compliance with this contract. City shall have the right to request an audit of Contractor's books
and records by a certified public accountant retained by City.
12. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees harmless
from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person
(including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature
arising out of or incident to the negligent performance of this contract by Contractor (including but not limited to, the
negligent acts or omissions of Contractor's employees, agents, and others designated by Contractor to perform work
or services attendant to this contract). Contractor shall not be held responsible for any claims, actions, costs,
judgments, damages or other expenses, directly and proximately caused by the negligence of City.
RFP - Parking Enforcement & Administration, 11/04/2010, Page 3 of 5
13. Insurance:
13. 1. Contractor shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed
operations and owner's and contractor's protective insurance;
1312. A professional errors and omissions liability policy;
13.1.3. A comprehensive automobile liability policy including owned and non-owned
automobiles; and
13.1.4 A Workers' Compensation policy
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims
made under the Oregon Tort Claims Act, ORS 30.260-30,270, with minimum coverage of $1,000,000 per occurrence
(combined single limit for bodily injury and property damage claims)
133. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to
the commencement of any work under this agreement. Each certificate shall state that coverage afforded under the
policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been
given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is
unacceptable. Each certificate of insurance shall provide proof of required insurance for the duration of the contract
period.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required
by this contract within ten days after the other party gives written notice specifying the nature of the breach with
reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured
within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or
obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the
remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party,
without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any
equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for
Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, either party may terminate by
giving the other party written notice thirty (30) days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor may complete such
analyses and records as may be necessary to place its files in order and, where considered necessary to protect its
professional reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Contractor shall be paid for all fees earned and
costs incurred prior to the termination date, Contractor shall not be entitled to compensation for lost profits.
16. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in
writing and may be given by.personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
RFP Parking Enforcement & Administration, 11/04/2010, Page 4 of 5
Recital A above.
. 16.2. Notices to Contractor shall be addressed to the Contractor's representative at the address provided for
the Contractor in Recital A above.
17. Assignment:
City and Contractor and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Contractor shall not assign or subcontract Contractor's rights or obligations under
this contract without prior written consent of City, Except as stated in this section, nothing in this contract shall be
construed to give any rights or benefits to anyone other than City and Contractor.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by both parties.
19. Trade Secrets and Confidential Information:
Contractor shall clearly identify specific material within all documents that is considered a trade secret or is
otherwise confidential. City agrees, to the extent allowed by state and Federal law, not to disclose to the public any
identified trade secrets or confidential material. Contractor waives any and all civil claims arising from any violation of
the Uniform Trade Secrets Act (ORS 646.461) if any material is disclosed to the public if such material is not clearly
and specifically identified by Contractor.
CONTRALTO CITY OF ASHLAND:
BY BY ,tag
Slgna ure~ DEPARTMENT HEAD' ^
BY )G~►ArJ `J'1~M.~~. DATE /Zd
Print Name
TITLE
CONTENT REVIEW
egall Depart ent
DATE DATE 2~
Federal ID #
'Completed W-9 and copies of required insurance certificates must be submitted with the original signed contract.
G:\IegaI\Reeder\FINANCE1Parkin9 Enforcement Services RFP Contract (11-05).doc
RFP - Parking Enforcement & Administration, 1 1 /04120 10, Page 5 of 5
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DG °A7~I°"'°°""''~
- DIAMO01 07/07/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lovsted-Worthington IJX HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. 0. Bo`x 607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bothell WA 98041
Phone:425-486-1291 Fax:425-486-614D INSURERS AFFORDING COVERAGE NAICP
NSURED INSURER A: Chubb Custom
INSURER B: Federal Insurance COm
Diamond Parking Inc INSURERC: Employer's Insurance Rau■■u
605 First Ave Suite 600 INSURER D: soottedale Insurancs Co.p.ny
Seattle WA 98104-2224
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS.
415K -kUU'L _TR NSR TYPE OF INSURANCE POLICY NUMBER DATE MIYDDIYY DATE MFXPIRATION MID
LIMITS
RrM
GENERALLAINLITY EA.CH000URRENCE S 1 000 000
A X COMMERCIAL GENERAL LI iLrrY 79572244 07/15/10 07/15/11 PREMISES Esocaraua S
CLAIMS MADE X OCCUR MED EXP (Arry one person) S
PERSONAL $ ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $1,000,000
POLICY JEC f7l LOC
AUTOMOME LLMLITY
B ANY AUTO 73547935 07/15/10 07/15/11 (Eau Ilent)INGLELWIT 31,000,000
X ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per Person)
X HfREO AUTOS
BODILY INJURY S
X NON-OWNED AUTOS (Pet eot+dard)
PROPERTY DAMAGE 3
(Per e06dent)
OARAGELIAMTY AUTO ONLY - EA ACCIDENT S150 000
A ANY AUTO 79572244 07/15/10 07/15/11 OTHER THAN EA ACC S1,000,000
AUTO ONLY. AGG $1 000 000
EXCESSRIMBRELLALUIBILITY EACH OCCURRENCE 52,000,000
D x OCCUR QCLAWSMADE XLS0068100 07/15/10 07/15/11 AGGREGATE s2,000,000
3
DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATION AND
TORYLWRS ER
C EMPLOYERS'LLABILITY WCC--Z91-452389-010 07/15/10 07/15/11 EL,EACHACCIDENT s 1 000 000
ANY VROPRIETOWPARTKEW[%ECUT VE
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 1 000, 000
H yes, describe Under
SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMB S 1,000,000
OTHER
E -1 ra n cL n ra r-k
7ESCRIPT]ON OF OPERATIONS /LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT l SPECIAL PROVISIONS \Y/~
RE: Station #EA01 - City of Ashland, Ashland, OR
Certificate holder is an additional insured
JUL - 9 2010
CERTIFICATE HOLDER CANCELLATION
ASHLA01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRSTTEf1
NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Ashland
20 E Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Ashland OR 97520 REPRESENTATIVES.
AUTHORIZED TIME
WORD 25 (2001108) OACORD CORPORATION 1988
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Approval of a Public Contract Exceeding $100,000 for Cardiac Monitor
Defibrillators and Automated External Defibrillators (AEDs)
FROM
John Karns, Fire Chief, john.karns2( ashland
SUMMARY
This is award of a public contract for cardiac monitor defibrillators and automated external
defibrillators (AEDs), including accessories and training, in the amount of $297,710.58 to the highest
ranked proposer, Zoll Medical Corporation.
BACKGROUND AND POLICY IMPLICATIONS:
Cardiac defibrillators are used by line personnel during emergency medical responses requiring cardiac
monitoring and/or cardiac rhythm correction (defibrillation). They allow paramedics to evaluate
cardiac rhythm irregularities and to develop appropriate treatment protocol and advanced drug therapy.
They are key tools used for advanced life support and are kept on most fire department emergency
apparatus. AED's are automatic defibrillation devices that are less sophisticated and typically utilized
by responders with less advanced medical training. The AED's that will be purchased will be placed
on certain administrative vehicles. The department's cardiac defibrillators are at the end of their life
and will no longer be supported by the manufacturer by the end of the year.
During the end of the last budget process the purchase of nine new defibrillators was approved through
a $330,000 loan from the equipment fund. However, shortly after this approval the department was
notified by the Department of Homeland Security that their grant application for vehicle extrication
equipment and cardiac defibrillators through FEMA's Assistance to Firefighter's Grant (AFG)
program had been approved. This grant funded the purchase of six new defibrillators, three high
performance AED's, and vehicle extrication equipment with a 10% required match. This reduced the
loan from the equipment fund to approximately $99,700.
The sourcing method used to acquire the emergency response equipment and training is a formal
competitive sealed proposal (Request for Proposal). The City received two (2) proposals in response to this
RFP for cardiac inonitor defibrillators and automated external defibrillators (AEDs). The proposals were
evaluated and scored by a three-person evaluation committee in accordance with the requirements and
evaluation criteria set forth in the RFP. Upon the completion of the evaluation process, Zoll Medical
Corporation was declared the highest ranked proposer. The evaluation summary is attached for your review.
Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals
Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and
the Oregon Public Contracting Code:
Page 1 of 2
CITY OF
-ASHLAND
C. The Local Contract Review Board shall approve the award of all contracts for which the
Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive
solicitations or formal competitive bids.
Section 2.50.070 Public Contracting Officer Authority
A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to:
1. Purchase and contract for all materials, supplies, equipment, services and public improvements
for which fiords have been appropriated by the City Council and the contract price does not
exceed $100,000;
COUNCIL GOALS SUPPORTED:
Organization
4.2 Cultivate external funding opportunities
FISCAL IMPLICATIONS:
Total project cost $297,710.58
AFG grant funding $181,636.00
Required grant match (10%) $ 18,164.00
Cost for 3 additional units $ 97,910.58
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the public contract for cardiac monitor defibrillators and automated external
defibrillators, including accessories and training, be awarded to the highest ranked proposer, Zoll
Medical Corporation.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the public contract award
to Zoll Medical Corporation for cardiac monitor defibrillators and automated external defibrillators,
including accessories and training.
ATTACHMENTS:
Evaluation Summary for cardiac monitor defibrillators and automated external defibrillators
Page 2 of 2
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CITY OF
-ASHLAND
Council Communication
January 19, 2016, Business Meeting
Contract Addendum - Evergreen Job & Safety Training, Inc.
FROM:
Mike Morrison, Public Works Superintendent, mike.morrison(a~ashland.or.us
Tom McBartlett, Electric Manager, thomas.mcbartlett i aashland.or.us
SUMMARY
A contract addendum is required to extend the contract for safety training services with Evergreen Job
& Safety Training, Inc. The contractor provides monthly safety training classes and job observation
services for both the Public Works and Electric Departments.
BACKGROUND AND POLICY IMPLICATIONS:
The original two-year contract with Evergreen Job & Safety Training, Inc. resulted from a competitive
sealed proposal (Request for Proposal) and was approved by the City Council on 12/18/2012. The
contract includes the option to renew the contract annually for up to three (3) additional years for a
total of five (5) years. This contract addendum will extend the contract for the final 4`h and 5t1i years of
the contract.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
Funds are budgeted each fiscal year for safety training. The cost to extend this contract for the balance
of the term of the contract - January, 2016 to December 2017 - will be $56,196.48 for Public Works
and a total of $54,881.46 for the Electric Department.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends this contract addendum to extend the contract with Evergreen Job & Safety Training
be approved.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the contract addendum to
extend the contract with Evergreen Job & Safety Training.
ATTACHMENTS:
Contract Addendum
Proposal received from Evergreen Job & Safety (4% increase per year)
Page I of I
ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR SAFETY TRAINING
Addendum made this 19th day of January , 2016, between the City of Ashland ("City")
and Evergreen Job & Safety Training, Inc. ("Consultant").
Recitals:
A. On May 7, 2013 City and Consultant entered into a "City of Ashland Contract for
Safety Training" (further referred to in this addendum as "the agreement").
B. The parties desire to amend the agreement to extend the date of completion and
increase the compensation to be paid to Consultant.
City and Consultant agree to amend the agreement in the following manner:
1. The date for completion is being extended to December 31, 2017 (year 4 & 5). This
contract may be extended annually for up to three additional years for a maximum term
of five (5) years
2. The compensation for monthly safety training classes and job observations will be as
follows.
Calendar Year Electric Department Public Works
January 2016 - June 2016 $2,197.93/Month $2,250.60/Month
July 2016 - June 2017 $2,285.85/Month $2,340.62/Month
July 2017 - December 2017 $2,377.28/Month $2,434.24/Month
Total Amount: $54,881.46 $56,196.48
3. Except as modified above the terms of the agreement shall remain in full force and
effect.
CONSULTANT: CITY OF ASHLAND:
BY BY
Dave Kanner, City Administrator
Its Date
DATE
1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR SAFETY TRAINING
JoI, qlut Sufi=r,X P+ainii{S.
Evergreen Job & Safety Training, Inc.
328 Ironwood Circle
Roseville, CA 95678
Office: (916) 742-1811
Fax: (916) 742-1852
evergreenjobandsafety@gmad.com
City of Ashland December 23, 2015
90 N. Mountain Ave.
Ashland, OR 97520
Re: Contract Extension Proposal Request:
To Whom It May Concern,
I appreciate the opportunity to present you with this proposal. As your training instructor, I will
be dedicated to providing you with the best possible service to meet the specific needs of the City of
Ashland Electric Department and Public Works Department. This proposal is based on the following:
Electric Department:
• July 1, 2016 - June 30, 2017: 12 meetings; cost per meeting is $2,285.85
• July 1, 2017 - December 31, 2017: 6 meetings; cost per meeting is $ 2,377.28
Public Works Department:
• July 1, 2016 - June 30, 2017:12 meetings; cost per meeting is $2,340.62
• July 1, 2017 - December 31, 2017: 6 meetings; cost per meeting is $2,434.24
This proposal includes all of my expenses, including but not limited to; administration, record
keeping, program development, travel, lodging and meals. Certain additional training materials, such as
CPR/First Aid and Traffic Control materials will be billed to you at my cost. I will discuss the cost of
these materials prior to supplying any of them to your employees.
If this proposal meets your approval, I will proceed with addressing any additional contract
requirements you have. I look forward to serving you in this capacity. Please contact me if you have any
questions.
Sincerely,
je, P Lavtc~
Jesse Langslet
Owner/Instructor
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Adoption of Findings for Planning Action PL-2013-01858, relating to three
separate approved ordinances which amended the City of Ashland Comprehensive
Plan, Comprehensive Plan Maps, Transportation System Plan, and Land Use
Ordinance (Chapter 18) adopting the Normal Neighborhood Plan
FROM:
Brandon Goldman, Senior Planner, Community Development Department
Brandon. Goldman@ashland.or.us
SUMMARY
The Council passed second reading of the Normal Neighborhood Plan ordinances amending the
Comprehensive Plan, Transportation System Plan, and Municipal Code Chapter 18 (Land Use
Ordinance) on December 15, 2015. The Findings of Fact and Conclusions of Law document presented
for Council approval summarizes how these approved ordinances are consistent with the criteria for
amending the Ashland Comprehensive Plan, and how Oregon's Statewide Planning Goals 1 through 19
were addressed in the development of the neighborhood plan and implementing ordinances.
BACKGROUND
A Public Hearing for First Reading of the final ordinances was held at the City Council on September
1, 2015, continued to September 15, 2015, October 6, 2015, and November 17, 2015. The final
amended ordinances were approved at Second Reading on December 15, 2015.
Adoption of the Findings of Fact and Conclusions of Law will conclude the local legislative process
for planning action PL-2013-01858.
COUNCIL GOALS SUPPORTED:
Goal 7. Keep Ashland a family friendly community:
7.3 Support land-use plans and policies that encourage family-friendly neighborhoods.
Goal 13. Develop and support land use and transportation policies to achieve sustainable development.
13.1 Create incentives and ordinances for energy-efficient buildings.
13.2 Develop infill and compact urban form policies.
13.3 Support alternative transportation choices.
Goal 14. Encourage and/or develop public spaces that build community and promote interaction.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the findings as presented.
Page 1 of 2
CITY OF
ASHLAND
SUGGESTED MOTION:
Under consent agenda item, a motion to approve the Findings of Fact and Conclusions of Law for
Planning Action PL-2013-01858.
ATTACHMENTS:
• Findings of Fact and Conclusions of Law for Planning Action PL-2013-01858
Page 2 of 2
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
January 19, 2016
In the Matter of Planning Action PL-2013-01858, ) FINDINGS OF FACT AND
Regarding Amendments to the City of Ashland ) CONCLUSIONS OF LAW
Comprehensive Plan, Transportation System Plan, and )
Land Use Ordinance concerning the adoption of the )
Normal Neighborhood Plan and associated ordinances
implementing the Plan.
PURPOSE:
Implementation of the Normal Neighborhood Plan: The plan is intended to guide future
development associated with approximately 94 acres of unincorporated lands within
Ashland's existing Urban Growth Boundary. As a policy and planning document, the
Normal Neighborhood Plan is an important tool for both elected and appointed officials,
who will use it as a guide to discretionary decisions. The plan is also a good source of
information and guidance to private sector entities involved in property development, as
consistency with desired development outcomes will be a factor in the review of
annexation, rezoning, and site review applications.
Upon annexation of properties in the Normal Neighborhood District, the plan establishes
land use policies, standards, and guidelines that promote the construction of diverse
housing types and a neighborhood network of connected streets, walkways and cycling
facilities, while requiring integration of, and protection for, the neighborhood's natural
areas, consisting of wetlands, creeks and associated floodplains and riparian areas. The
neighborhood plan includes detailed maps and graphics illustrating key objectives while
providing flexibility and encouraging innovative development alternatives.
The first ordinance amends the comprehensive plan to add Normal Neighborhood Plan
designation to Chapter 2 [introductions and Definitions], add the Normal Neighborhood
Land Categories to Chapter IV [Housing Element], Change the Comprehensive Plan Map
to establish the boundaries of the Normal Neighborhood Plan area and amend the
boundaries of Conservation Areas within the neighborhood. This ordinance also adopts
the supporting documents (i.e. Normal Neighborhood Plan Framework dated May 2014
as amended), as a support document to the comprehensive plan.
The second ordinance amends the Transportation System Plan (TSP) to incorporate the
Normal Neighborhood Plan's Street and Bikeway Networks into the TSP, and to
establish standards for the new Shared Street designation within the Street Design
Standards section of the municipal code (Chapter 18.4.6).
The third ordinance amends the Ashland Municipal Code creating a new chapterl8.3.4
Normal Neighborhood District, amends chapter 18.2.020 to add a Normal Neighborhood
Findings of Fact and Conclusions of Law Page 1
zoning classification, and amends chapter 18.2.1.040 to add a Normal Neighborhood
Special District designation. Properties within the Normal Neighborhood Plan area are
not rezoned by adoption of this ordinance, rather the comprehensive plan designation,
zoning designations, and district development standards are to be applicable to future
developments upon annexation and zone change requests.
PUBLIC HEARINGS:
An extensive public involvement process was undertaken to understand existing
conditions, and to develop and refine the plan. In total there have been over 50 public
meetings over the course of three and a half years where the viewpoints of a variety of
participants including the general public, property owners and neighboring residents have
affected the plan's evolution.
A draft Normal Neighborhood Plan, and draft implementing ordinances, were presented
to the Planning Commission at apublic hearing on March 11, 2014 and April 8, 2014.
Following the Planning Commission's public hearings their formal recommendations on
the draft neighborhood plan ordinances were forwarded to the City Council.
The City Council held public hearings on a draft Normal Neighborhood Plan on May 6,
2014, May 20"', 2014, and continued public testimony and deliberations to a special
meeting on May 29, 2014. During the May 29, 2014 meeting the Council directed the
establishment of an ad-hoc working group to examine the fundamental objectives that
were addressed in developing the plan, as well as conduct a more in depth review of a
number of plan elements. The appointed working group included two Planning
Commissioners (Richard Kaplan, Michael Dawkins); two City Councilors (Pam Marsh,
Mike Morris), and Mayor Stromberg.
Over the course of twelve public meetings, held between June 2014 and May 2015, the
working group explored each of the specific areas identified by Council. A series of
meetings specifically focused on housing and land use, open space and natural resources,
transportation and infrastructure, and included an exercise where working group
members conceptualized alternative neighborhood plans independent of the original draft
proposal. A special round table meeting was held (September 18, 2014) where a panel of
neighborhood representatives, developers, and land use professionals was brought
together to provide feedback regarding how the plan could be amended to work from
their individual perspectives. In consideration of public input provided prior to and
during each of the working groups meetings, and a review Planning Commission's
recommendations as presented in the Planning Commission Report dated 4/22/2014, the
working group formulated a summary list of recommended plan amendments (Working
Group memo dated December 2, 2014) for Council's consideration.
A Public Hearing was held at the Planning Commission on July 28, 2015 to review the
final ordinances, which was and continued to August 11, 2015.
Findings of Fact and Conclusions of Law Page 2
A Public Hearing for First Reading of the final ordinances was held at the City Council
on September 1, 2015, continued to September 15, 2015, October 6, 2015, and November
17, 2015. Second Reading of the ordinances was held on December 15, 2015.
Notice of the public hearings was published in The Ashland Daily Tidings on July 8,
2015 prior to the Planning Commission and City Council public hearings. Direct mailing
to all properties inside the project area, and those within 500 feet of the plan area were
sent on July 1, 2015. Notice of the proposed amendment to the Comprehensive Plan and
Land Use regulations was sent to the Department of Land Conservation and Development
on February 25, 2015.
REVIEW CRITERIA
The decision of the City Council together with the recommendation by the Planning
Commission and Transportation Commission was based on consideration and findings of
consistency with the following factors.
A. Consistency with City of Ashland criteria for amending the Comprehensive Plan,
Zoning and Land Use Control Maps, and legislative amendments to the Land Use
Ordinance. ALUO 18.5.9.13
B. Consistency with City of Ashland Comprehensive Plan
C. Consistency with Oregon Statewide Planning Goals 1-19 as enumerated by OAR
Chapter 660 Division 15
EVALUATION AND COUNCIL FINDINGS:
A. Consistency with City ofAshland criteria for amending the Comprehensive Plan,
Zoning and Land Use Control Maps, and legislative amendments to the Land Use
Ordinance.
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendment and Zone Changes are as, follows:
A. Type IL The Type H procedure is used.1br applications involving zoning map
amendments consistent with the Comprehensive Plan map, and minor map
amendments or corrections. Amendments under this section may be approved if in
compliance with the Comprehensive Plan and the application demonstrates that
one or more of the following.
1. The change implements a public need, other than the provision of
affordable housing, supported by the Comprehensive Plan.
2. A substantial change in circumstances has occurred since the existing
zoning or Plan designation ii~as proposed necessitating the need to adjust
to the changed circumstances.
3. Circumstances relating to the general public welfare exist that require
such an action.
Findings of Fact and Conclusions of Law Page 3
4. Proposed increases in residential zoning density resulting from a change
,from one zoning district to another zoning district, will provide 25 percent
of the proposed base density as affordable housing consistent with the
approval standards sel forth in subsection 18.5.8.050. G.
5. Increases in residential zoning density gffour units or greater on
commercial, employment, or industrial zoned lands (i.e., Residential
Overlay), will not negatively impact the City's commercial and industrial
land supply cis required in the Comprehensive Plan, and will provide 25
Percent of 'the proposed base density as affordable housing consistent ii,ith
the approval standards set forth in subsection 18.5.8.050. G.
6. The local number of affordable units described in 18.5.9.020.A,
subsections 4 or 5, above, shall be determined by rounding down
fractional answers to the nearest irhole unit. A deed restriction, or similar
legal instrument, shall be used to guarantee compliance with affordable
criteria for a period of not less than 60 years. 18.5.9.020.4, subsections 4
and 5 do not apply to Council initiated actions.
B. Type III. It may be necessary from time to time to make legislative amendments
in order to conform with the Comprehensive Plan or to meet other changes in
circumstances or conditions. The Type III procedure applies to the creation,
revision, or large-scale implementation of public policy requiring City Council
approval and enactment of an ordinance; this includes adoption of regulations,
zone changes for large areas, zone changes requiring Comprehensive Plan
amendment, Comprehensive Plan map or text amendment, annexations (see
chapter 18.5.8 for annexation information), and urban growth boundary
amendments. The following planning actions shall be subject to the Type III
procedure.
1. Zone changes or amendments to the Zoning Map or other official maps,
except where minor amendments or corrections may be processed through
the Type 11 procedure pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes
to other official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
The area within the boundary of the proposed Normal Neighborhood Plan includes
approximately 94 acres within the Ashland urban growth boundary (UGB), but is
outside the city limits - this area is designated for as Single Family Residential and
Suburban Residential in the Ashland Comprehensive Plan and is currently zoned
Jackson County RR-5 Rural Residential. The Normal Neighborhood Plan Zoning
Land Use Overlays map provides for four distinct residential zones upon annexation
to the City; NN-1-5; NN-1-3.5; NN-1-3.5-C; NN-2
Findings of Fact and Conclusions of Law Page 4
The neighborhood plan allows more specificity than the prior Comprehensive Plan
designations for the plan area, and addresses long-term community goals such as
providing a variety of housing types for a cross section of Ashland's population,
accommodating future population growth within the existing urban growth boundary,
maintaining a compact urban form, having a well-connected and multi-modal
transportation system (i.e. pedestrian, bicycles, auto/truck, freight and transit),
preserving natural features, creating a built environment that respects Ashland's
character, making desirable public spaces and incorporating green development
standards.
The neighborhood planning process was undertaken in response to a series of
changing circumstances that occurred over three decades within the Normal
Neighborhood area following the establishment of the 1982 Comprehensive Plan
designations. Changes to the area include the development of housing and religious
institutions under Jackson County's jurisdiction and approval. The City Council finds
and determines that through adoption of the Normal Neighborhood Plan the City can
better accommodate needed housing types and provide for efficient and orderly
development within the Urban Growth Boundary.
The open space framework for the neighborhood planning process was informed by
the City of Ashland Local Wetlands Inventory and Assessment & Riparian Corridor
Inventory. This technical supporting document was adopted as a technical supporting
document to the Comprehensive Plan in compliance with statewide planning Goal 5,
and was acknowledged by the State of Oregon in March 2007. The presence of
wetlands and riparian areas within the plan area were important factors in identifying
the need for a more focused planning effort within the neighborhood.
The City Council finds and determines that protection of significant natural features
including designated wetlands and riparian areas can better be accomplished through
adoption of the Normal Neighborhood Plan and upon future annexation and
application of more protective city regulations
The City's adopted Transportation System Plan, and the policies identified in the
Comprehensive Plan's Transportation Element, informed the neighborhood planning
process. Amendments to the Transportation System Plan are included in the Normal
Neighborhood Plan implementing Ordinance to incorporate the Street Network,
Pedestrian and Bicycle Network, and Shared Street Designation presented in the
neighborhood plan. The City Council finds and determines that all substantive issues
raised regarding the Comprehensive Plan and Transportation System Plan changes
were adequately addressed by City staff in the numerous staff reports and staff
responses, and other materials in the record, whether such responses were made orally
at the public hearings or provided in written form as set forth in the record. All staff
reports, staff materials, and other staff responses are hereby accepted by the City
Council and are incorporated herein by this reference.
Findings of Fact and Conclusions of Law Page 5
The Council finds and determines that the proposed Comprehensive Plan
amendments, map amendments, Transportation System Plan Map amendments, and
amendments to the Ashland Land Use Ordinance comply with the criteria of ALUO
18.5.9.
B. Conformance with the Ashland Comprehensive Plan
1. The Normal Neighborhood Plan Framework is being adopted as a supporting
document to the Ashland Comprehensive Plan concurrent with and as part of this
action on the Normal Neighborhood Plan.
2. The proposed implementation program is consistent with and adequate to carry
out goals and policies in the Ashland Comprehensive Plan.
3. The Housing Element of the Ashland Comprehensive Plan includes a goal and
policies that establish the latitude to revise and update residential land
designations to provide for the housing needs of Ashland's population:
Chapter VI Housing Element
GOAL: Ensure a variety of dwelling types and provide housing opportunities for the
total cross-section of Ashland's population, consistent with preserving the character
and appearance of the City.
The Council finds and determines that Housing Needs Analysis adopted as a
technical supporting document to the Housing Element of the Comprehensive Plan
(approved September 3, 2013 - ordinance 93085), provides a factual basis in
support of the needed housing types included in the Normal Neighborhood Plan.
The Council finds and determines that The Buildable Lands Inventory adopted as a
technical supporting document to the Housing Element of the Comprehensive Plan
(approved November 15, 2011- ordinance #3055) provides a basis for evaluation
of the amount of available land within the City Limits and Urban Growth
Boundary, and demonstrates that the urbanization of lands within the Urban
Growth boundary is necessary to accommodate the needed housing types included
in the Normal Neighborhood Plan.
4. The Environmental Resources Element of the Ashland Comprehensive Plan
identifies goals and policies to ensure urbanization and other land uses preserve the
quality of Ashland's water, protect water resource areas including wetlands and
riparian areas, and protect life and property from flood hazards.
The Normal Neighborhood Plan Open space map includes all presently identified
water resource areas, wetlands, riparian areas, and floodplains, and prohibits
development within these environmental resource areas.
Findings of Fact and Conclusions of Law Page 6
The Council Finds that approval of the Normal Neighborhood Plan and
implementing ordinance will not eliminate the requirement of future developments
to meet the Water Resource Protection requirements within the Physical and
Environmental Constraints Chapter of the Ashland's Land Use Ordinance. The
Council finds that new redevelopment within the Normal Neighborhood Plan area
shall not be allowed within FCMA designated 100 year floodplains, thereby
addressing the goal to protect life and property frorn flooding and flood hazards,
and manage the areas subject to flooding to protect the public interest.
5. The Transportation Element of the Ashland Comprehensive Plan proactively
plans for a transportation system that is integrated into the community and
enhances Ashland's livability, character and natural environment. Policies within
the Transportation Element of the Comprehensive Plan require adherence to the
grid pattern presented in the plan, require connections to existing streets in
adjacent developed areas whenever such connection are possible, and encourage
the use of alleys and pedestrian paths. In Conformance with the Transportation
Element and the Transportation System Plan adopted in 2012, the transportation
framework presented in the Normal Neighborhood Plan calls for a multi modal
transportation network. The street pattern proposed conforms to the city's
standard block lengths and presents a connected street network pattern, with off-
street pathways, that promotes pedestrian and bicycle travel.
Approval of the Normal Neighborhood Plan does not result in rezoning the land
for urban use. Rezoning occurs after annexation to the City of Ashland or after
approval of an annexation agreement. The City of Ashland has adopted land use
policies and regulations for determining if incremental development will have a
significant affect on transportation facilities. Ashland's land development
regulations require applicants that request annexation for their property to
demonstrate that development enabled by the rezone will not have a significant
adverse effect on existing or planned transportation facilities.
The Council finds and determines that the Street Network, Pedestrian and Bicycle
Network, and Transportation Framework presented in the Normal Neighborhood
Plan are in conformance with the Transportation Element of the Comprehensive
Plan.
6. The Regional Plan Element of the Ashland Comprehensive Plan includes
policies that establish that land within the Urban Growth Boundary (tJGB) but
outside of the existing City Limits, shall be built, at a minimum residential density
of 6.6 units per acre. As stated within the regional plan element, "the City of
Ashland was the only participating city within the region to,not identify urban
reserves as it was determined that existing lands ia,ithin the city limits and urban
growth boundary were sufficient to accommodate anticipated growth over the
planning period. " Given this position to not identify any Urban Reserve areas,
Findings of Fact and Conclusions of Law Page 7
with adoption of resolution #2003-037, the City is obligated to accommodate
future growth within the existing Urban Growth Boundary.
The Council finds and determines that the minimum residential density within the
Normal Neighborhood Plan, exclusive of unbuildable natural resource open space
areas, satisfies the committed residential density provisions of the Greater Bear
Creek Regional Plan as adopted in the City of Ashland Comprehensive Plan.
7. Comprehensive Plan general internal consistency. The Council finds and
determines that the proposed Comprehensive Plan amendment is internally
consistent with the Comprehensive Plan and associated ordinance changes are
consistent with and implement applicable Ashland Comprehensive Plan Goals
and Policies.
The Council finds that the city may establish Comprehensive Plan designations
and corresponding overlay zones for the district to rezone property prior to
annexation, in recognition of the fact that the effective date of the rezoning is
delayed until the date the property is annexed.
C. Consistency with Oregon Statewide Planning Goals 1-19 as enumerated by OAR
Chapter 660 Division 15
Goal 1: Citizen Involvement: To develop a citizen involvement program that insures
the opportunity for citizens to be involved in all phases of the planning process.
Finding: The City has an acknowledged Comprehensive Plan and municipal code that has
been found to be in compliance with Goal 1. The City conducted extensive outreach
throughout the planning process with the goal of engaging as much of the citizenry as
possible. The City exceeded the state and local requirements for notice and made all
meetings open to public review including the meetings of the Normal Neighborhood
Working Group. The City held public meetings and received public testimony before the
transportation commission, housing commission, planning commission and city council
as part of the adoption of the proposed amendments.
An extensive public involvement process was undertaken to understand existing
conditions, and to develop and refine the plan. In total there have been over 50 public
meetings over the course of three and a half years where the viewpoints of a variety of
participants including the general public, property owners and neighboring residents have
affected the plan's evolution. In addition to advertised public meetings published in the
newspaper, direct mailings to properties within 500' of the project area,, approximately
100 interested parties provided their email contact information and were provided with
electronic meeting announcements and regular updates regarding the plan's review
process.
The design phase of the planning process was initiated in October 2012 with a three day
public design charrette, or workshop (10/23-25/2012). This charrette was broadly
advertised with direct mailings to all residents within the plan area, as well as those
Findings of Fact and Conclusions of Law Page 8
residents within 200' of the plan area. The City included an article advertising the
charrette meeting in a direct mailing, the City Source newsletter, which was included in
the September 2012 utility bills of all Ashland residents and businesses. The charrette
allowed for the identification of issues and concerns, development of goals and objectives
for the master plan, and creation of a conceptual neighborhood design. Following the
initial design work, a second City Source article was mailed to every utility customer in
the City (September 2013) announcing the October 8, 2013 Planning Commission
meeting, and directing readers to the webpage dedicated to the Normal Neighborhood
Plan, www.ashland.or.us/normalplan, for further information.
In advance of the October 2012 charrette, project objectives and scope of work were
developed and presented at a neighborhood meeting (4/27/2012) and various advisory
commission meetings to obtain public input including discussions with the Housing
Commission (5/23/2012), Transportation Commission (5/24/2012) and Planning
Commission (5/22/2012, 9/25/2012) Following the October 2012 design charrette, to
assist the design team, city staff, and advisory commissions in refining the concept plans
the City held a neighborhood meeting (2/21/2013') which was noticed to all properties
within the vicinity of the Normal Neighborhood, as well as a meeting with the
Meadowbrook Homeowners Association to discuss the plan elements (6/19/2013).
Additional public meetings held to discuss and revise the concept plan included the
following:
• Planning Commission meetings: 2/26/2013; 4/09/2013; 6/25/2013; 9/24/2013;
10/08/2013; 11/26/2013; 2/25/2014
• City Council meetings: 6/18/2013; 8/20/2013; 12/02/2013; 3/17/2014
• Housing Commission meeting: 4/24/2013; 3/27/2014
• Transportation Commission meetings: 9/24/2013; 10/24/2013; 11/14/2013;
3/26/2015
A draft Normal Neighborhood Plan, and draft implementing ordinances, were presented
to the Planning Commission at a public hearing on March 11, 2014 and April 8, 2014.
Following the Planning Commission's public hearings their formal recommendations on
the draft neighborhood plan ordinances were forwarded to the City Council.
The City Council held public hearings on a draft Normal Neighborhood Plan on May 6,
2014, May 20t", 2014, and continued public testimony and deliberations to a special
meeting on May 29, 2014. During the May 29, 2014 meeting the Council directed the
establishment of an ad-hoc working group to examine the fundamental objectives that
were addressed in developing the plan, as well as conduct a more in depth review of a
number of plan elements. The appointed working group included two Planning
Commissioners (Richard Kaplan, Michael Dawkins); two City Councilors (Pam Marsh,
Mike Morris), and Mayor Stromberg.
Findings of Fact and Conclusions of Law Page 9
Over the course of twelve public meetings, held between June 2014 and May 2015, the
working group explored each of the specific areas identified by Council. A series of
meetings specifically focused on housing and land use, open space and natural resources,
transportation and infrastructure, and included an exercise where working group
members conceptualized alternative neighborhood plans independent of the original draft
proposal. A special round table meeting was held (September 18, 2014) where a panel of
neighborhood representatives, developers, and land use professionals was brought
together to provide feedback regarding how the plan could be amended to work from
their individual perspectives. In consideration of public input provided during each of the
working groups meetings, and a review Planning Commission's recommendations as
presented in the Planning Commission Report dated 4/22/2014, the working group
reaffirmed and articulated the vision for the neighborhood and formulated a summary list
of recommended plan amendments (Working Group memo dated December 2, 2014) for
Council's consideration.
A Public Hearing was held at the Planning Commission on July 28, 2015 to review the
final ordinances, which was and continued to August 11, 2015.
A Public Hearing for First Reading of the final ordinances was held at the City Council
on September 1, 2015, continued to September 15, 2015, October 6, 2015, and November
17, 2015. Second Reading of the ordinances was held on December 15, 2015.
Notice of the public hearings was published in The Ashland Daily Tidings on July 8,
2015 prior to the Planning Commission and City Council public hearings. Direct mailing
to all properties inside the project area, and those within 500 feet of the plan area were
sent on July 1, 2015. Notice of the proposed amendment to the Comprehensive Plan and
Land Use regulations was sent to the Department of Land Conservation and Development
on February 25, 2015.
Based on the information contained within this report and facts and findings in support of
the proposed Comprehensive Plan amendments the City has conducted the planning
process in compliance with Ashland's adopted review procedures (Ashland Land Use
Ordinance Chapter 18.5.9) and in compliance with statewide planning goal 1.
Goal 2: Land Use Planning: To establish a land use planning process and policy
framework as a basis for all decision and actions related to use of land and to assure
an adequate factual base of such decisions and actions.
Finding: The City has an acknowledged Comprehensive Plan and municipal code that has
been found to be in compliance with Goal 2. The City has provided the proper notice as
required by the Comprehensive Plan and City of Ashland Municipal Code. The City has
relied upon the existing Comprehensive Plan and acknowledged technical supporting
document to establish the underlying policy framework. The proposed amendments do
not seek any exceptions to Statewide Planning Goals.
Based on the information contained within the record and facts and findings in support of
the proposed Comprehensive Plan, transportation system plan, and land use ordinance
Findings of Fact and Conclusions of Law Page 10
amendments the City has conducted the planning process in compliance with statewide
planning goal 2.
Goal 3: Agricultural Lands: To preserve and maintain agricultural lands.
Finding: No goal exception is requested or required to Goal 3. The lands that are the
subject of the proposed Comprehensive Plan amendments were included within the City
of Ashland Urban Growth Boundary in 1982 as a result of a legislative action. The
proposed amendments to the Comprehensive Plan map took into account the existence of
farm land adjacent to the UGB and proposed to use lower density single family
residential zones, natural resource areas and existing transportation facilities to buffer the
adjacent farm lands from the urbanizable land within the UGB consistent with the intent
of this goal.
Based on the information contained within the record, and facts and findings in support
of the proposed Comprehensive Plan amendments the City has conducted the planning
process in compliance with statewide planning goal 3.
Goal 4: Forest Lands: To conserve forest lands by maintaining the forest land base
and to protect the state's forest economy by making possible economically efficient
forest practices that assure the continuous growing and harvesting of forest tree
species as the leading use on forest land consistent with sound management of soil,
air, water, and fish and wildlife resources and to provide for recreational
opportunities and agriculture.
Finding: The proposed amendments do not impact existing forest land and are therefore
consistent with statewide planning goal 4.
Goal 5: Natural Resources, Scenic and Historic Resources, and Open Space: To
protect natural resources and conserve scenic and historic areas and open spaces.
Finding: The proposed amendments concern the 94 acre area that have been within the
City's UGB since it was initially adopted in 1982. The amendments to the
Comprehensive Plan map designate these properties appropriately for future development
and further identify natural resource areas including wetlands, creeks, and riparian areas,
and open space to be protected. The proposed amendments include changes to the
transportation system plan identify improvements necessary to support the development.
of these new lands. The City has designated Cemetery Creek, Clay Creek, and wetlands
identified on the City's 2007 Local Wetland Inventory as Goal 5 resources and enacted a
Open Space overlay zone to protect the resources. The Open Space Framework included
within the Normal Neighborhood Framework, a technical supporting document to the
Comprehensive Plan, further identifies these areas which are afforded protection through
the implementation of the Normal Neighborhood Plan.
Upon annexation of properties within the plan area the City's Water Resources
Protection ordinance (Ashland Municipal Code chapter 18.3.11) establishes natural
resource protections within the community and there is a development process in place to
ensure that these resources will be protected and when appropriate enhanced. The City of
Ashland development review and annexation requirements dictate that prior to
Findings of Fact and Conclusions of Law Page 11
annexation a wetland determination, prepared by a qualified professional, shall be
completed in order to ascertain the potential presence of wetlands. If potential wetland
resources are identified during the annexation process, prior to development of a site the
applicant will be required to submit a wetland delineation that has been concurred with
by the Oregon Department of State Lands.
No scenic or historic resources have been identified within the plan area, accordingly no
resources are proposed to be added to the City's inventory.
New parks are identified for development within the UGB and open space areas are
planned for preservation within the parks master plan consistent with the intent of this
goal.
Based on the information contained within the record, and facts and findings in support
of the proposed Comprehensive Plan amendments the City has conducted the planning
process in compliance with statewide planning goal 5.
Goal 6: Air, Water and Land Resources Quality: To maintain and improve the
quality of the air, water and land resources of the state.
Finding: The City has demonstrated how sanitary sewer and stoim water services can be
provided to support development within the UGB. Future development will need to
extend City utilities to serve all new development proposed within the plan area. This
will assure that development that occurs within Plan area upon annexation does not
degrade the water quality of the adjacent resources. Further, upon annexation Ashland's
Water Resources Protection Zone requirements will mandate improvements to the
existing vegetated corridor associated with the designated wetlands and riparian corridors
within the area resulting in a net increase in the quality of the resources consistent with
the intent of this goal. The amendments to the City's TSP will guide development of
lands within the UGB resulting in an interconnected transportation system that provides
for all modes of travel, including increased pedestrian and bicycle connections and
facilities.
The Comprehensive Plan amendments and City of Ashland Code will result in efficient
development of the land within the UGB reducing the need to extend the UGB in the
future consistent with the intent of this goal.
Based on the information contained within the record and fact and findings in support of
the proposed Comprehensive Plan amendments the City has conducted the planning
process in compliance with statewide planning goal 6.
Goal 7: Areas Subject to Natural Hazards: To protect people and property from
natural hazards.
Finding: The Federal Emergency Management Agency (FEMA) mapped 100 year
floodplains associated with Clay Creek and Commentary Creek were wholly included
within the areas designated for open space within the neighborhood plan. The City of
Ashland Flood Plain Corridor Lands and riparian protection zones extend beyond the
Findings of Fact and Conclusions of Law Page 12
boundaries of the FEMA 100 year floodplain, and these areas are additionally protected
from development upon future annexation into the city. The result is that future urban
development, with the exception of needed transportation facilities, within the floodplains
shall not be permitted. The City of Ashland Comprehensive Plan, the Ashland Land Use
Ordinance, the International Building Code and the International Fire Code all work
together to ensure that future development of the area upon annexation into the City will
be designed, permitted and constructed consistent with statewide planning goal 7.
Goal 8: Recreational Needs: To satisfy the recreational needs of the citizens of the
state and visitors and, where appropriate, to provide for the siting of necessary
recreational facilities including destination resorts.
Finding: The UGB was considered when the City of Ashland developed the 2002 City of
Ashland Parks Master Plan. The proposed amendments to the Open Space Framework
included in the Normal Neighborhood Plan seek to designate nearly 25% of the
neighborhood area as open space that will provide additional recreation opportunities for
the immediate community as well visitors and guests. The proposal to include planned
paths within or adjacent to the designated open spaces will provide both needed
pedestrian and bicycle connectivity, and access to the natural resources for passive
recreational opportunities. The proposed parks and open space elements of the Normal
Neighborhood Plan reflects the recreational needs of the community and are therefore
consistent with statewide planning goal 8.
Goal 9: Economic Development: To provide adequate opportunities throughout the
state for a variety of economic activities vital to the health, welfare, and prosperity
of Oregon's citizens.
Finding: The Normal Neighborhood area has been designated within Ashland's
Comprehensive Plan as meeting residential land needs since 1982. The City's
acknowledged Economic Opportunity Analysis does not include this area within it's
assessment of land needed for future economic development. However, the area does
provide for housing opportunities necessary to support business expansion and growth.
The City is proposing to designate approximately 2 acres within the plan area to have a
neighborhood serving commercial overlay (NN-1-3.5-C). This site is situated adjacent to
East Main Street and it is of adequate size and configuration to permit small scale
neighborhood serving commercial development. This property will provide the
opportunity for future commercial development compatible with the residential character
of the neighborhood, and is consistent with the intent of this goal. The proposed
amendments are consistent with statewide goal 9.
Goal 10: Housing: To provide for the housing needs of citizens of the state.
Finding: To inform the Normal Neighborhood planning process the City of Ashland
conducted a "housing needs analysis" (HNA) to determine the amount of land that will be
needed during the 20-year planning period for the UGB. The HNA was adopted as
technical supporting document to the Comprehensive Plan (Ordinance #3085). The HNA
found that the evaluation of existing housing mix, density, and affordability suggested
that the City should plan for a larger share of multiple family housing, and a greater
number of single family housing types on smaller lots to meet future housing demand.
Findings of Fact and Conclusions of Law Page 13
In 2011 the City of Ashland completed a Buildable Lands Inventory (BLI) which was
adopted as a technical supporting document to the Comprehensive Plan (Ord 43055).
Although the BLI demonstrated that Ashland could potentially accommodate a 20 year
supply of housing within the existing City Limits through infill of all available parcels,
the land within the Urban Growth Boundary provides additional needed capacity to
accommodate a variety of housing types for the fixture population expected over a 32 year
period. This is consistent with the City of Ashland's commitment to the Greater Bear
Creek Valley Regional Plan and specifically the Regional Plan Element XIV to
accommodate the next approximate 50 years of housing and employment growth within
the existing UGB.
The proposed amendments provide for a range of housing development to meet the
City's needs consistent with the intent of statewide goal 10.
Goal 11: Public Facilities and Services: To plan and develop a timely, orderly and
efficient arrangement of public facilities and services to serve as a framework for
urban and rural development.
Finding: The proposed Comprehensive Plan amendments are intended to guide the future
development of land within the existing UGB. Statewide goal 1 I mandates that Cities
plan for public facilities and services necessary to support the intended development. The
City's water and sewer master plans have been developed, and periodically updated, in
consideration of the full build out of the UGB. These Master Plans identify
improvements to the system necessary to accommodate projected growth over the
planning period. Public facilities necessary to accommodate future growth shall be
sized to accommodate the level of development anticipated within the proposed Normal
Neighborhood Plan. By identifying these improvements and associated costs the City can
plan for the provision of these services including but not limited to updating the City's
corresponding system development charges (SDC's) to assure that adequate revenue is
collected to provide for the improvements needed within the UGB. Identifying the correct
improvements and determining when the improvements will need to occur provides the
City the ability to effectively manage future annexations and development requests and
ensure that services are available in a timely manner. Knowing the ultimate sanitary
sewer and or water improvement that is necessar}, for the full build out of the UGB also
allows the City to provide services efficiently, reducing the need to replace facilities in
the future to accommodate continued development. The proposed Comprehensive Plan
amendments anticipate the level of development that could occur within the UGB given
the proposed Comprehensive Plan designation and corresponding zoning upon
annexation. The amendments identify improvements necessary to support the
development of the UGB. The process provides the City, the development community
and residents an understanding of what improvements will need to occur. The proposed
amendments to the Comprehensive Plan are consistent with consistent with statewide
goal 11.
Goal 12: Transportation: To provide and encourage a safe, convenient and
economic transportation system
Findings of Fact and Conclusions of Law Page 14
Finding: The City contracted with SCJ Alliance Consulting Services to prepare an
Existing Conditions Analysis, and a Future Conditions Report for the Normal
Neighborhood Plan to determine the improvements necessary to provide for the
development of the neighborhood consistent with the proposed Comprehensive Plan
amendments.
Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in
Oregon Administrative Rule OAR 660-012-0000, et seq. The TPR (OAR 660-012-0060)
states that when land use changes, including amendments to acknowledged
Comprehensive Plans, significantly affect an existing or planned transportation facility
the local government shall put in place measures to assure that the allowed land uses are
consistent with the identified function, capacity and performance standards (level of
service, volume to capacity ratio, etc.) of the facility.
Accordingly, OAR 660-012-0060 requires local jurisdictions to make an assessment of
transportation impacts when plan and land use regulation amendments are proposed.
While the Normal Neighborhood Plan is far from a wholesale change of the existing
Ashland Comprehensive Plan designations, as the cumulative number of dwelling units
that are envisioned by the plan are consistent with the total number of dwellings that
would be provided under the existing Comprehensive Plan designations, an assessment of
significant effect is included to address the requirements of OAR 660-012-0060. It is
important to note that regardless of whether a neighborhood plan is adopted for the
Normal Neighborhood Plan area, the build out of the area under the current
Comprehensive Plan Designation requires a significant investment in public
infrastructure to construct the facilities necessary to accommodate housing developments
in the area.
Transportation impacts have been evaluated and considered since the neighborhood
planning process began in 2012. An Existing Conditions Transportation analysis report
was completed in September 2012. A Future Traffic Analysis report was completed on
November 2013 to evaluate the traffic impacts anticipated with build out of the area. An
Offsite Infrastructure Cost Estimate was completed on April 9, 2015 by Hardy
Engineering to determine the extent, and cost, of street and utility improvements to East
Main Street and the Normal Avenue railroad crossing. Each of these documents is
included in the record.
SCJ Alliance analyzed the vehicular, pedestrian, bicyclist and transit system within their
transportation analysis. Within this report are detailed findings demonstrating how the
proposed transportation system plan, Comprehensive Plan and Comprehensive Plan map
amendments comply with the applicable transportation requirements of the state
(Transportation Planning Rule).
The OAR is directed at maintaining a balance between land uses allowed (or adopted) in
a Comprehensive Plan and zoning, and the transportation system that supports those land
uses. Where a proposed change from the adopted Comprehensive Plan, typically called a
land use amendment, would "significantly affect" an existing or planned transportation
Findings of Fact and Conclusions of Law Page 15
facility, a local government must put in place measures to assure that the land uses being
proposed are consistent with the identified function, capacity and performance standards
of the surrounding transportation network. The planning rule identifies that a "significant
affect" would be determined by meeting one of the following three key elements. The
following outlines these key elements and indicates whether the proposed project would
have a significant affect or not:
(.Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan).
The Normal Neighborhood Plan Street Network proposed to change the functional
classification of the portion of Normal Avenue within the neighborhood plan area from
an "Avenue: as adopted in the Ashland Comprehensive Plan Transportation Element
(1996) and Ashland Transportation System Plan (2012), to a "Neighborhood Collector".
The Future Traffic Analysis (2013 Final Future Conditions Report for Normal Avenue
Neighborhood Plan) projected the average daily vehicle trips at full build out would not
reach the number of vehicle trips threshold for an "Avenue" classification, and therefore
the lower order street classification of "Residential Collector" was sufficient to
accommodate projected impacts of development including anticipated cut through trips
from outside the district.
The functional classification of East Main Street was identified as an Avenue in the
Ashland Comprehensive Plan Transportation Element (1996), however was omitted from
classification within the Ashland Transportation System Plan (2012) as it is presently
outside the Ashland City Limits. The adoption of the Normal Neighborhood Plan
rectifies this mapping error by amending the Street Dedication Map within the Ashland
Transportation System Plan to reinstate the Avenue classification for East Main Street.
2.Change standards implementing a functional classification system.
It is not the intent of the Normal Neighborhood Plan to implement any improvements
within the transportation infrastructure that would be beyond the design standards for the
adopted functional classification of roadways in the adopted City of Ashland
Transportation System Plan (TSP). There are improvements identified at spot locations,
but those types of improvements are within the functional classification of roadways. The
adopted 2012 TSP includes a new Street Classification termed a "Shared Street". The
Normal Neighborhood Plan Street Network identifies potential locations for the use of
Shared Streets and the implementing ordinances provide for amendment of the Street
Design Standards of the Land Use Ordinance (chapter 18..4.6) to include this new
classification.
3.As measured by the end of the planning period identified in the adopted
transportation system plan:
a. Allow land uses or levels of development that would result in types of levels of travel
or access that are inconsistent with the functional classification of an existing or
planned transportation facility.
The land uses included in the Normal Neighborhood Plan area will result in the types of
travel and operation of streets within the roadway, system consistent with the functional
Findings of Fact and Conclusions of Law Page 16
classifications included in the Ashland Comprehensive Plan's Transportation Element
(1996), Ashland Transportation System Plan (2012) and Ashland Street Standards
Handbook (1999) as codified in Chapter 18.4.6.040 of the Ashland Land Use Ordinance.
The Ashland TSP (p 5-7).states:
Volumes indicated are not intended to be absolute maximums or minimums. The
function of the street with the roadway system, and the types and intensities of
land use along their routes are other importantfactors contributing toward their
appropriate designation.
The Chapter 18.4.6.040 of the Ashland Land Use Ordinance. Street Standards (p 19)
provides further clarification:
When determining holy to classify a new s1reet.1or the purpose of design, careful
attention should be given to considering the street as a whole in the context of the
neighborhood, of the underlying zoning and land uses, and the future amount of
traffic rather thorn strict adherence to using projected average daily traffic (ADT)
figures alone. Care must be taken not to focus on efficiency and worst case
scenarios. The end goal should be to balance creating a notable, livable,
functional street for the neighborhood, and provide a variety of transportation
options for residents.
Ashland Street is classified as a Boulevard, and Tolman Creek Road, East Main Street,
and Walker Ave. are classified as Avenues. It is the intent of the Normal Neighborhood
Plan for the boulevards and avenues which the previous analysis shows will be impacted
by the annexation and development of the plan area to urban densities, to continue to
operate with the definitions of the functional classifications included in the Ashland
Comprehensive Plan Transportation Element and adopted Street Standards, (Chapter
1 8.4.6 of the Ashland Land Use Ordinance). The Transportation section of the Normal
Neighborhood Plan Framework Document (Exhibit B to the ordinance amending the
Comprehensive Plan) includes street classifications and illustrated cross sections to
illustrate the proposed transportation facilities within the plan area.
The Ashland Comprehensive Plan, Ashland TSP and Street Standards include an average
daily traffic for Boulevards of 8,000 to 30,000 trips per day, and for Avenues 3,000 to
10,000 trips per day. The following definitions of a Boulevard and Avenue are included
in the chapter 18.4.6.040 of the Ashland Land Use Ordinance.
"Boulevards are major thoroughfares filled with human and vehicular activity.
Design should provide an environment where walking bicycling, using transit,
and driving are equally convenient and should. facilitate the boulevard's use as a
public space. Design should start with the assumption that the busy nature of a
boulevard is a positive factor and incorporate it to enhance the streetscape and
setting. A two-lane, three-lane, or five-lane configuration can be used depending
on the number of lrips generated by surrounding existing and future land uses. "
"Avenues provide concentrated pedestrian, bicvcle, transit, and motor vehicle
access from neighborhoods to neighborhood activity centers and boulevards.
Avenues are similar to boulevards, but are designed on a smaller scale. Design
Findings of Fact and Conclusions of Law Page 17
should provide an environment where walking, bicycling, using transit, and
driving are equally convenient and.facilitates the avenue's use as a public space.
A two-lane or three-lane configuration can be used depending on the number of
trips generated by surrounding existing and future land uses. "
There are several additional factors worth noting. The transportation existing conditions
analysis, and Final Future Conditions Report for Normal Avenue Neighborhood Plan
completed for the neighborhood plan use standard assumptions and methodologies to
assess future land use scenarios and associated trip generation and distribution.
Specifically, the transportation analysis uses a worst-case approach in that it assumes all
but two percent of trips will be made my motor vehicles. In contrast, Ashland has long-
standing Comprehensive Plan and TSP goals and policies emphasizing non-automotive
means of travel, and has therefore concentrated on developing the city in a pedestrian-
oriented compact urban form. This approach has resulted in building a multi-modal
transportation system including multi-use paths, sidewalks, bicycle, and transit facilities.
In keeping with the City's goals and policies, the Normal Neighborhood Plan includes
links to existing pedestrian, bicycle and transit facilities (e.g. Central Ashland Bike Path),
incorporates both on-street and off-street pedestrian and bike facilities, and provides for a
for bus stop along East Main Street in anticipation of future transit service. While current
methodologies to estimate trip generation do not fully account for non-automotive trips, it
is the intent of the Normal Neighborhood Plan to create a land use pattern and
complimentary transportation system that will replace vehicle trips with pedestrian,
bicycle and transit trips. As a result, the ultimate impact on the vehicular facilities,
including streets and intersections, should be less than presented in the Final Future
Conditions Report for Normal Avenue Neighborhood Plan.
Mitigation alternatives were developed for all intersections where impacts were greater
than expected under the No-build condition, as well as what improvements would be
necessary to reach jurisdictional standard (either V/C ratio for ODOT facilities, or level-
of-service for City facilities). These mitigation alternatives included an upgrade to East
Main Street to urban street standards including provision for a center turn lanes from
Walker Avenue to Clay St. The Avenue classification for East Main Street, as identified
in the TSP amendment, provides for both capacity and amenity improvements. Using
these parameters, the development would not have a significant effect because
improvements have been identified in the TSP that allow for adequate intersection
operations to meet jurisdictional standard through turn lanes, installation of bike lanes,
and a continuous sidewalk along the south side of East Main St.
"There were transportation issues raised during the public hearings, study sessions, and
working group meetings. The City Council finds and determines that all substantive
issues were adequately addressed by City staff in the numerous staff reports and staff
responses, and other materials in the record, whether such responses were made orally at
the hearings or provided in written form as set forth in the record. All staff reports, staff
materials, and other staff responses are hereby accepted by the City Council and are
incorporated herein by this reference.
Findings of Fact and Conclusions of Law Page 18
The Council finds that annexation of the subject territory does not automatically transfer
road jurisdiction from Jackson County to the City of Ashland. Separate City Council
action is required to accept jurisdictional control of streets including East Main Street and
Clay Street adjacent to the Normal Neighborhood Project area. As properties are annexed
and proposed for development, transportation and street frontage improvements will be
required as part of the land use review process. No new transportation facilities are
planned for outside of the existing UGB.
The Council finds and determines that the proposed amendments are consistent with the
"Transportation Planning Rule. The proposed amendments address the requirements of
statewide planning goal 12.
Goal 13: Energy Conservation: To conserve energy.
Finding: The intent of this goal is to promote development and utilization of land within
the UGB that conserves energy. Many of the specific implementation measures are
targeted at code requirements that implement the Comprehensive Plan, such as lot size,
building height, setbacks, and access to light, wind and air.
The development standards within the proposed Normal Neighborhood District and
existing land use ordinance are consistent with goal 13. This goal can be considered as
part of the decision on what Comprehensive Plan designation to apply within the UGB,
balanced of course with the other statewide planning goals. The proposed land use
designations within the neighborhood plan area have been designed to respect existing
development while also providing the opportunity for densities consistent with the
Greater Bear Creek Regional Plan, Chapter XIV of the Ashland Comprehensive Plan,
Regional Plan Element, and the intent of this statewide planning goal. Services for water,
storm water, and sanitary sewer will be designed and located to maximize the efficient
delivery of these services thereby reducing the cost to construct and maintain resulting in
less consumption of energy. Similarly the transportation system will be designed and
constructed to provide for direct connections and minimize out-of-direction travel. New
facilities for pedestrians and bicyclist will be incorporated as part of the design providing
for non-motorized connections to the existing City Limits and transit stops along the
Ashland Street. Therefore the proposed Comprehensive Plan amendments are consistent
with statewide planning goal 13.
Goal 14: Urbanization: To provide for an orderly and efficient transition from rural
to urban land use, to accommodate urban population and urban employment inside
urban growth boundaries, to ensure efficient use of land, and to provide for livable
communities.
Finding: The primary purpose of goal 14 is to establish and manage urban growth
boundaries within the state of Oregon. The proposed Comprehensive Plan amendments
do not result in the establishment of a new UGB, nor do the amendments propose to alter
the City of Ashland UGB. The proposed Comprehensive Plan amendments will result in
amending Comprehensive Plan map designations for land that was included within the
UGB in 1982 to better reflect development that has occurred over the last 33 years, and in
Findings of Fact and Conclusions of Law Page 19
consideration of natural resources within the plan area.. The proposed designations
include low-density residential, medium-density residential, neighborhood serving
commercial overlays, and open space.
The proposed land use pattern within the UGB allows for efficient use of the land
consistent with the intent of this goal while also respecting existing farm practices and
existing development within the City.
The proposed amendments do not propose to establish or alter a UGB. The proposed
amendments do identify and plan for the provision of urban services necessary to support
development of the subject areas and allow for future annexation into the City. These
amendments do propose to apply a Comprehensive Plan designation, Normal
Neighborhood Plan, and urban services that will result in efficient development in
compliance with the Greater Bear Creek Regional Plan, while at the same time respecting
the transition of the UGB and the redevelopment of areas that are already committed to
urbanization.
The Council Finds the Normal Neighborhood Plan is consistent with the Greater Bear
Creek Valley Regional Plan adopted by Jackson County and incorporated into Chapter
XIV of Ashland Comprehensive Plan. The proposed amendments are therefore consistent
with statewide planning goal 14.
Goal 15: Willamette River Greenway: To protect, conserve, enhance and maintain
the natural, scenic, historical, agricultural, economic and recreational qualities of
lands along the Willamette River as the Willamette River Greenway.
Finding: The City of Ashland is not located along the Willamette River. The proposed
Comprehensive Plan amendments do not impact the Willamette River Greenway,
therefore, the goal 15 is not applicable to this review.
Goal 16: Estuarine Resources: To recognize and protect the unique environmental,
economic, and social values of each estuary and associated wetlands; and To protect,
maintain, where appropriate develop, and where appropriate restore the long-term
environmental, economic, and social values, diversity and benefits of Oregon's
estuaries.
Finding: The City of Ashland is not located on the coast, there are no estuarine resources
associated with the proposed Comprehensive Plan amendments, therefore, goal 16 is not
applicable to this review
Goal 17: Coastal Shorelands: To conserve, protect, where appropriate, develop and
where appropriate restore the resources and benefits of all coastal shorelands,
recognizing their value for protection and maintenance of water quality, fish and
wildlife habitat, water-dependent uses, economic resources and recreation and
aesthetics. The management of these shoreland areas shall be compatible with the
characteristics of the adjacent coastal waters; and To reduce the hazard to human
life and property, and the adverse effects upon water quality and fish and wildlife
habitat, resulting from the use and enjoyment of Oregon's coastal shorelands.
Findings of Fact and Conclusions of Law Page 20
Finding: The City of Ashland is not located on the coast, there are no coastal shorelands
associated with the proposed Comprehensive Plan amendments, therefore, goal 17 is not
applicable to this review.
Goal 18: Beaches and Dunes: To conserve, protect, where appropriate develop, and
where appropriate restore the resources and benefits of coastal beach and dune
areas; and to reduce the hazard to human life and property from natural or man-
induced actions associated with these areas.
Finding: The City of Ashland is not located on the coast, there are no beach or dune
resources associated with the proposed Comprehensive Plan amendments, therefore, goal
18 is not applicable to this review
Goal 19: Ocean Resources: To conserve marine resources and ecological functions
for the purpose of providing long-term ecological, economic, and social value and
benefits to future generations.
Finding: The City of Ashland is not located on the coast, there are no ocean resources
associated with the proposed Comprehensive Plan amendments, therefore, goal 19 is not
applicable to this review.
OVERALL COUNCIL CONCLUSIONS
The City Council finds and determines the approval criteria for this decision have been
fully met, based on the detailed findings set forth herein, the detailed findings and
analysis of the Planning Commission and the Normal Neighborhood Working Group, the
detailed findings and analysis set forth in the Normal Neighborhood Plan supporting
documents, together with all staff reports, addenda and supporting materials in the whole
record. The Council finds that the proposed amendments are consistent with the City of
Ashland Comprehensive Plan. Specifically the Council finds that the proposed
amendments are consistent with City of Ashland Approval Criteria for Zone Changes,
Zoning Map Amendments, Comprehensive Plan Map Changes, And Transportation
System Plan amendments set forth in ALUO 18.5.9.
Accordingly, based on the evidence in the whole record, the City Council hereby
APPROVES the Findings of Fact and Conclusions of Law presented herein relating to
the following ordinances amending to the Ashland Comprehensive Plan, Ashland
Transportation Plan, and Ashland Land Use Ordinance:
• 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
Findings of Fact and Conclusions of Law Page 21
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 SUPPORT DOCUMENT
TO THE CITY OF ASHLAND COMPREHENSIVE PLAN.
• AN ORDINANCE AMENDING THE STREET DEDICATION MAP,
PLANNED INTERSECTION AND ROADWAY IMPROVEMENT MAP,
AND 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.
• 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.
Ashland City Council Approval
John Stromberg, Mayor Date
Signature authorized and approved by the full Council this day of 2016
Attest:
Barbara Christensen, City Recorder Date
Approved as to form:
David Lohman, Ashland City Attorney Date
Findings of Fact and Conclusions of Law Page 22
CITY OF
ASHLAND
Council Communication
January 19, 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 Chlnelir 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
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
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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 14.04.040.13.3. 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
1`,
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
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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:
I . 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
11rAW&,
84
T INEER 5
N N E R S
E N T I S T S
RH2 ENGINEERING. INC. December 4, 2015
v ww.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
SOTHELI_
MAIN OFFICE Sent via: Email
22722 29" Drive SE, Suite 210
Bothell, WA 98021
Subject: Connecting to the TAP Transmission Facility
B FLLINGHAM
EAST WENATGIIEE Dear Mike:
ISSAQUAH The TAP Intertie project was constructed during the summer of 2014 during the ongoing
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 R112 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 RH2
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
1244,15.3._3 I'M Z:t13othcllj)=',C0.\'A014 33`Cocrecpondnuei,Comuctions"I'o mi's nmmn.doo'
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. RI-I2
evaluated other options during the design of the TAP intertie 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
12/04,15 3:23 P.M Z:;' Both0" Da w,, CO.\'t 1014 033', Correspondence, Conucciion. To l'rarumissiou main.docs
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 water line.
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 Tire 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 Ii - 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 - Miscelloneous 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 City owned water to fight fires is clearly an
established practice.
STAFF'S SUGGESTED OPTIONS
I 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 Counted
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
8. 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
tine 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 requiring 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, not 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 UGB and has been since said UGB was first adopted.
Thank you for considering my input.
est regards,
?ohnhmelir, P.E.
From: John Chmelir [Johnchmelir@jcsoregon.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 1 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 cfs 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 likely 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 fire 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 icsoregon.com
541-608-7373 Office
541-761-0616 Cell
www.jcsoregon.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 ,
I
D
ohn D. Chmelir, P.E.
Encclosures
h
C7 r {
Oregon Department of Human Services
JOlin A. Kitzhaber, Governor Of ice 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 411-054-00 ~annd
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.concidine(o)-state.or.us
Sincerely,
Debbie Concidine
Operations and Policy Analyst
Office of Licensing & Regulatory Oversight
cc: Facilities, Planning and Safety
Assumptions and Calculations 65 and older, Including Unincorporated
Residents of Jackson County - With Foster Homes
"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
T
op
i a
Population Aged 2 y
E Cr v ~
f6 ~ . N U1 LL ~ U
(6 Q o N ~ V/ i, ~ N
65+
a m
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
~4~+[ ~~#t•}ar~ proj~ct;r~.fl~~n~s ~e>'`t~ti nt~~r~ _ - ~
residents 2013 b.522 Ii7 251 95
-
-
- - - - - - -
Total Beds 42 2 37
Need 209 58
If nothing new is provided, what will the need be in 2014?
residents J 2014 6600 726 254 97
2013 Total Beds 42 37
Need I 212 60
If `riot ~jra :nt- i p guided- what
residents 2020 6896 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
Market Analysis - Lithia Place Memory Care 25
`1T -
JACKSON COUNTY FIRE DISTRICT #5
5811 South Pacific Highway • Phoenix, OR 97535
V Phone (541) 535-4222 Fax (541) 535-4226
y
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, I 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 re ards;
Darin Welburn
Fire Chief
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
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CITY OF
ASHLAND
Council Communication
January 19, 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 c 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 of 2
1r,
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
I L,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.39 18.2.59 18.3.29
18.3.39 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 thirou 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 Firefiyhters, 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 I 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, I-louse 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 fully 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
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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 11 edical Marijuana Dispensary Marijuana-Related Uses.
A. Homegrown Mariiuana 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 mariiuana 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. Mariiuana 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. Mariiuana 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 Mariiuana'
Number of Maximum Maximum Minimum Setback from Minimum Setback from
Mariiuana Plants Cultivation Area Mariiuana Plant Any Property Line Dwellings on Adjoining
per Lotz Allowed Heighta Properties'
peL3
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.
4Marijuana 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.
L 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, propertV 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., lighting, 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 marijuana-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 grates 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., lighting, 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.
i. 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 lotted subject to all o
the following design standards
11 The dispensary must he located on a property with a boundary line adjacent to a
boulevard, except that dispensaries are net permitted in the Downtown Design
Standards zone.
2. The dispensary must be located in a permanent building and may not locate On -a
trailer, cargG container, or motor vehicle. Outdoor storage of merchandise, FamF
materials or ether materiel associated with the dispensary is prohibited
3. ny modifications to the subject sites; exterior of a building housing he
dispensary must be consistent with the Site Design Use Standards, and obt
Site Review approval if required by section 18.6.2.020. CeGurity bars or grates on
w;ndows and doors are prohibited,
4. The dispensary establishment must not have a drive up use.
6. The dispensary must pre _rle fer Ce-___e disposal of marijuana remnants or by
prodUGts• such remnants or by products shall not he placed within the
dispensary's exterior refuse containers.
Oregon's 6. The dispensary is registered with the Oregon Health Authority under the stat
476.346, and meet the requirements of OAR Chapter 333 division Q Medical
Marijuana Facilities.
B. OtheF Locat"ons. Medical marijuana dispe ~ept as allowed ftn sect'
1
i are subject to a Conditional Use Permit under Ghapter 18.6.4 and shall
meet all of the folle wrinn reo.. home rrts
zone, 1 . The dispensary must be located 200 feet or more from a residential that disp , not permitted On the Downtown Design Standards zone.
2. The dispensary must be located in a peFManent building and may not locate a
trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw
materials, prohibited.
or other material associated with the dispensary is 3 Any modifications to the subject site ~r exterior of a building housing the
dispensary must be consistent with the Site Design Use Standards, and obt
Site Review approval if required by section 18.6.2.020. SecUFmty bar-S OF grates on
wmndows and dOOFs are prohibited,
4 The dispensary must not have a drive up use.
6. The dispensary must provide for secure disposal of m inants or by-
1 such remnants or by-pFoducts shall not be plaGed within the
dispensary's exterior refuse container
6. The dos. I . egistered with the Oregon Health AuthOFity under the stat
f
medical marijuana facility registration system undeF ORS 476.300 ORS
476.346, and meet the requirements of OAR Chapter 434 division Q Medical
Ordinance No. Page 18 of 31
Marijuana Facilities
a. Location.
i. Marijuana retail sales are allowed if located on a property with a boundary line
adjacent to a boulevard.
a-L
ii. Mariiuana retail sales, except as allowed above in subsection 18.2.3.190.B. .
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 marijuana retail sales outlet shall be located more than 1,000 feet from another
marijuana retail sales outlet. Medical and recreational mariiuana 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 18.2.5.060.B.2.
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.
`I D 10
o
• 1
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 183.2 [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 Zonea
Croman Mill District Zones9
NC MU OE CI 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 - - - - -
Mariluana 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)
eKey: 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 Zones9
NC MU OE CI 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 aGGessory uses
special perrnitted uses as listed On the Land Use Table and are subject to the requirernen
this sec r~ 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. Mariiuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A.
23. 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, including
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. Mariiuana 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.B.
Ordinance No. Page 23 of 31
45. Professional, Financial, Business and Medical Offices in Cl 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. Marijuana Laboratory, Processing, and Production.
a. Marijuana laboratory, processing, and production are subject to the standards for
marijuana-related businesses in subsection 18.2.3.190.8.
b. In the OE zone, marijuana laboratory, processing, and production are subject to
subsection 18.3.2.040.D.7, above.
610.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. Marijuana 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 18.2.3.190.8.
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.
1812. 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.
4413.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 [Health 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 T 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
Agricultural Use P 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 P S N
Neighborhood Oriented Retail Sales, and N N N 42S 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; Cl = Compatible Industrial; OS = Open
Space.
D. Special Permitted I lses Use Standards. the Land ^following uses and their accessory uses
are special peFMittedusPs as listed - n the tatd Use Table and are ubjent to the
requirements 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.
a-.-In the NM-Civic zone, agriculture may include community garden space.
3. Keeping of Micro-Livestock and Bees. Subiect to the standards in section
18.2.3.160.
4. Mariiuana 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 may be 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 Mariiuana Cultivation. The cultivation of homegrown marijuana and related
activities such as processing, keeping, or storage of homegrown marijuana.
- Cultivation Area. The area within which mariiuana plants are grown on a lot. The
cultivation area is the total of the individual areas of the mariiuana plants at
maturity. The individual area of a mariiuana plant is calculated based on an
imaginary vertical line extending downward from the outermost tips of the
mariiuana plants branches to the ground.
- Resident Grower. An individual engaged in the cultivation of homegrown
mariiuana for personal consumption, whether for medical or non-medical
purposes, or for a medical mariiuana 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. Mari iuana-related businesses licensed by the Oregon
Liquor Control Commission MCC) or registered by the Oregon Health Authority
(OHA). Mari iuana-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 mariiuana prow 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 mariiuana products to the consumer.
Wholesale. An operation that handles and distributes marijuana and marijuana
products for the purpose of resale.
Med;Gal Marijuana Dispensary. Any faGility registered by the Oregon Health Authority
under ORS 476.300 to 476.346 that dispense m +rii.nn+ pursuant to ORS 475.314.
SECTION 9. 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 sirnply 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. 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 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. EmerlZency.
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 12016,
and duly PASSED and ADOPTED this day of 12016.
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 I1. Lohman, City Attorney
Ordinance No. Page 31 of 31
CITY OF
-ASHLAND
Council Communication
January 19, 2016, Business Meeting
Ashland Water Advisory Committee Member Appointments
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm(i~ashland.onus
SUMMARY
This council is asked to appoint members to the Ashland Water Advisory Committee (AWAC) to
guide the engineering consultants through an update of the Water Master Plan.
BACKGROUND AND POLICY IMPLICATIONS:
The Public Works department plans to update all master plans (water, sewer, transportation, etc) on a
five year cycle. The Water Master Plan was adopted in April 2012 and is scheduled to be updated by
April 2017. In order to meet that timeline, the master planning process needs to begin this year. Staff
issued a Request for Proposals (RFP) for engineering services to complete the master plan update.
Staff interviewed the top two engineering firms last week and will complete negotiating costs for the
work and recommending an award of the contract at the February 16, 2016, City Council meeting.
The success of the last water master planning process was largely due to the outstanding work by the
AWAC group. They worked through all the major issues in a very professional manner, ultimately
recommending a plan that was tailored to Ashland's needs. Because of their success staff is now
recommending that the Council re-appoint those members to the AWAC group to complete the next
five year update to the Water Master Plan. Fortunately, all but one of the original members has
indicated that they could once again serve on the AWAC group. The original members that staff is
recommending for appointment are as follows:
Pat Acklin
Darrell Boldt
Alex Amarotico
John Williams
Amy Patton
Leslie Adams
Donna Rhee
Kate Jackson
Don Morris
Councilor Voisin
In addition, staff is recommending that the following two new members be added to the AWAC group:
Rich Miller
Joe Graf
Yage 1 of 2
CITY OF
-A5 H LA N D
COUNCIL GOALS SUPPORTED:
21.3 Re-examine and review master plans and SDCs on a regular basis
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the City Council appoint the AWAC members recommended by staff.
SUGGESTED MOTION:
Move to appoint the AWAC members as recommended by staff.
ATTACHMENTS:
N/A
Page 2 of 2
~r,
CITY OF
ASHLAND
Council Communication
January 19, 2016, Business Meeting
Recommendation of the ad hoc Committee on the City Recorder Position
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.onus
Stefani Seffinger, chair, ad hoc Committee on the City Recorder Position,
stefani@council.ashland.or.us
SUMMARY
The ad hoc Committee on the City Recorder Position recommends that the City Council refer a charter
amendment to the voters to make the Recorder an appointed position. The Committee recommends
that this amendment be referred to the May 2016 election in order to take advantage of higher voter
turnout. The committee further recommends that the Ashland Municipal Code, Chapter 2.08, be
amended to remove from the recorder's duties those functions that more properly belong in other
departments. If the position remains elected, the committee recommends a charter amendment to
remove outdated language and duties in the charter and address minimum qualifications and salary
structure.
BACKGROUND AND POLICY IMPLICATIONS:
The City Council held study sessions in May and August 2015 to discuss the structure of Ashland's
city recorder position, which is one of only three elected city recorders in Oregon. Following the
August 31, 2015, study session, the Council agreed that an ad hoc committee should be appointed to
examine the question of whether the recorder should remain an elected position or become an
appointed position.
The Council approved the Mayor's appointments to this ad hoc committee at its September 15, 2015,
business meeting. The members of the committee were as follows:
• Councilor Stefam Seffinger (chair)
• City Recorder Barbara Christensen
• City Administrator Dave Kanner
• Former City Administrator Brian Almquist
• Budget Committee Member Pam Lucas
The charge of the committee is as follows:
The ad hoc Committee on the Ashland City Recorder Position is charged with examining the question
of whether the Ashland City Recorder should be an elected or appointed position. The Committee's
examination may lead to recommendations including but not limited to: referring a charter amendment to
make the position appointed; referring a charter amendment that leaves the position elected but establishes
minimum qualifications for the office; or leaving the position as is but removing the financial/treasury
duties of the position, through charter amendment and/or code amendment. The Committee shall conduct
its deliberations in duly noticed public meetings and shall provide opportunity for public input at each
Page 1 of 3
CITY OF
ASHLAND
meeting. The Committee will report its recommendations to the full Council no later than February 2,
2016.
Ms. Christensen withdrew from the committee at the committee's second meeting, but continued to provide
input to the committee. The committee met four times beginning in October 2015 and approved its final
recommendation at its meeting of January 7, 2016.
The Committee's recommendation is that the City would be best served if the city recorder became an
appointed position.
Making this an appointed position requires voter approval of an amendment to the Ashland City
Charter. The Committee recommends referring a charter amendment to the voters in the May 2016
primary election. Given the significance of this change, the Committee feels the City Council should
refer this to a vote in a high turnout election. In addition, the Committee recommends that regardless of
whether the position remains elected or becomes appointed, the Municipal Code should be amended to
remove from the recorder's duties those functions that more properly belong in other departments.
The full text of the Committee's recommendation is attached.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
The ad hoc Committee recommends that the Council move forward with implementing its
recommendations.
SUGGESTED MOTION:
1. I move to accept the recommendations of the ad hoc Committee on the City Recorder Position and
direct staff to prepare for Council approval the resolutions, charter amendment language and ballot title
language necessary to refer to the May 2016 ballot the question of making the Ashland city recorder an
appointed position.
2. I move to direct staff to prepare for Council consideration an ordinance to amend Ashland
Municipal Code Chapter 2.08, to remove from the city recorder those duties that more properly belong
in other departments.
ATTACHMENTS:
• Recommendation of the ad hoc Committee on the Ashland City Recorder Position
• Minutes of the ad hoc Committee on the Ashland City Recorder Position, October 28, 2015,
November 4, 2015, December 9, 2015, and January 7, 2015.
• Minutes of City Council study sessions, May 4, 2015, and August 31, 2015.
• Draft Charter amendment from August 31, 2015, study session packet
• Draft position description for appointed recorder from August 31, 2015, study session packet
• Comparison of duties: Elected vs. appointed city recorder
Page 2 of 3
CITY OF
ASHLAND
• Draft ordinance amending AMC 2.08
• Review of city recorder support positions in Oregon cities pop. 15,000-30,000
Page 3 of 3
IWALIA
Report of the ad hoc Committee on the City Recorder Position
Recommendations to the City Council
January 7, 2016
INTRODUCTION
Following a January, 2015, discussion of department head compensation, the Council requested
a study session discussion of City Recorder compensation. This was subsequently conjoined
with a request from multiple councilors for a discussion of referring to the voters a charter
amendment to make the City Recorder an appointed position.
Following the August 31 study session, the Council requested that the mayor appoint an ad hoc
committee to study the matter and make a recommendation to the Council. This committee was
appointed at the September 15, 2015 business meeting, with the following members:
• Councilor Stefani Seffinger (chair)
• Barbara Christensen, city recorder
• Dave Kanner, city administrator
• Pam Lucas, Budget Committee member
• Brian Almquist, former city administrator
The committee met three times in October, November and December, 2015. Though she
provided extremely valuable input at the first meeting, Ms. Christensen excused herself from the
second meeting and preferred the role of liaison to the ad hoc Committee.
Please note that the ad hoc committee recommends that its proposed changes to the city recorder
position not take effect until the current city recorder's term expires. The ad hoc committee also
wishes to acknowledge the excellent work the current city recorder has provided to the citizens
of Ashland.
RECOMMENDATIONS
The ad hoc committee recommends to the Council that the City would be best served if this
position became an appointed position for the following reasons:
1. The city has been fortunate in having qualified candidates elected to this position in the past.
There is no guarantee that this will be the case in the future, particularly in light of the pay
and benefits and the fact that there are no minimum qualifications for the position. If this
position is appointed, qualifications for the position and a selection process can be
established to ensure having the best qualified person in the position.
2. The city recorder is an administrative position that makes administrative decisions.
Administrative positions should be filled based on the knowledge, skills and abilities of the
candidates who apply.
3. As an elected position, only registered voters of the City of Ashland are eligible to hold the
position. This limits the number of qualified candidates for this position. As an elected
position with a four year term, candidates may not pursue certification as a municipal clerk or
Page 1 of 2
advanced training in this area. Better qualified candidates may be attracted if the position is
appointed and has the potential of being a career option.
4. The city recorder position would better fit in with the city management structure if the
position were appointed.
5. Work schedule, duties and coordination with other City functions would be more flexible and
would be better managed within the administrative structure of city government.
6. The committee feels City government will be just as transparent and open with an appointed
recorder as it is with an elected recorder.
Changing the recorder to an appointed position requires voter approval of a charter amendment.
Although it has been common practice for Ashland to refer charter amendments in primary and
general elections, this is probably done for reasons of cost. A charter amendment can be referred
to any election, including a special election if called for by the Council.
Further recommendations
I . The committee recommends that the hiring and selection process be handled administratively
with the selected candidate appointed by the mayor with approval by the city council.
2. A formal outline (or job description) of duties and qualifications for the city recorder position
should be developed.
3. Wording changes for the charter amendment will be developed by City Attorney Dave
Lohman.
4. The committee recommends submitting this to the voters in the May 2016 primary election.
Given the significance of this change, the City should refer this to a vote in a high-turnout
election. However, if referred in November 2016, the issue stands to be lost in the crush of
the many other items (including the many ballot measures) that are sure to be on that ballot.
5. Regardless of whether the position remains elected or becomes appointed, the committee
recommends that the Ashland Municipal Code, Chapter 2.08, be amended to remove from
the recorder's duties those functions that more properly belong in other departments. If the
position remains elected, the committee recommends a charter amendment to remove
outdated language and duties in the charter and address minimum qualifications and salary
structure.
Page 2 of 2
Minutes for the Ashland City Recorder Position ad hoc Committee
October 28, 2015
Page 1 of 4
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Wednesday, October 28, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 2:02 p.m. in the Siskiyou Room.
Committee members Bryan Almquist, Pam Lucas, Barbara Christensen, and Dave Kanner were
present.
2. Public Forum
None.
3. Review of Committee Charge
Chair Seffinger welcomed the committee members. She asked if the members of the group had
read the charge of the committee as presented in the packet and if they had any questions. No
member had any questions. She asked if there were additional questions they felt should be
added to this process. No members suggested any additional questions.
Seffinger explained that additional staff resources may be used during this process for research
purposes. She stated that all committee members have equal right to express themselves in this
process. She also stated that there is no intent for any of the outcomes of this process to effect the
current recorder position, this process is only regarding the future of the City Recorder position.
4. Discussion of Work Plan
Seffinger reviewed the information provided in the packet. Christensen stated she had concerns
with the information provided to Council for their August 31, 2015 study session. She stated she
had expressed those concerns at that meeting.
Group discussed the differences with the descriptions of the duties of the position between the
Charter and the Ashland Municipal Code (AMC). The AMC is more detailed than the Charter.
Both were written over 20 years ago and so are very outdated, particularly with regard to new
electronic processes and duties.
Group discussed the Charter requirement for periodic audits of all City accounting records.
Christensen stated this is a very little used part of the position, largely because the City engages
outside auditors who are experts in municipal auditing. This wasn't the case when the Charter
was written. She has conducted, with staff assistance, smaller audits based on concerns brought
forward by staff, Council or citizens. There was concern that an elected recorder may not have
any audit experience and so may not be able to handle even the smaller-scale audits. The larger-
scale ones would remain in the hands of professional auditors.
Group discussed both the Charter and AMC requirements for the recorder to handle finance and
tax levy duties. Christensen stated she isn't very involved with any of this, as it is better suited to
the Finance Division. Group agreed that this would be a good thing to be removed from both the
Charter and AMC.
Group discussed the challenges of finding a singular city recorder position description. Every
Minutes for the Ashland City Recorder Position ad hoc Committee
October 28, 2015
Page 2 of 4
city does a variation, dependent upon the size and needs of that city. There are some basics
amongst all - essentially the duties listed in Ashland's Charter, minus any financial or auditing
duties. Kanner stated that when creating the potential job description which was part of the
August 31 study session, staff looked at roughly twenty position descriptions and incorporated
duties which where common to at least three.
Group discussed how most city recorder training is on-the-job as there is very little training
available beforehand. Christensen described some of the trainings and certifications available
through the Oregon Association of Municipal Recorders.
Christensen stated that there have been lots of non-statutory duties assigned to this position over
the years. Group discussed whether those could be re-assigned to other departments. Christensen
agreed that many could. Almquist reminded the group that they cannot make any major changes
to the duties without a Charter amendment.
Group discussed whether there was anything which could be done to protect the City from errors
or concerns regarding an unskilled recorder being elected into the position. Group expressed
concerns about the lack of basic requirements for the position. The uncertainty of the skill or
knowledge level of an elected official is not something most were comfortable with. Christensen
stated that as a recorder there is the additional uncertainty of your job being up for election every
four years. This uncertainty may keep qualified or highly skilled people from seeking the office.
Group discussed whether there were duties and responsibilities listed in the AMC which could be
altered without needing to go for a Charter amendment vote. Both Christensen and Kanner
agreed that AMC could be altered to better reflect current job duties.
Group discussed the Charter section which states, "The Recorder must draw all orders for the
proper payment of monies against the proper funds ...-They agreed this means the Recorder
must, as she currently does, sign all checks. Other banking transactions and issues, however, are
better suited and should be transferred to the Finance Division.
Group discussed the Recorder's duties regarding investments as stated in the AMC. Christensen
stated these duties used to be a much more involved, but with recent market issues, now is
mostly handled by going through the State pool, and that Finance could easily take on these
duties as well. Group agreed this would be a good transition.
Group discussed how much of Christensen's current time is spent on Charter required duties
such as; clerk of the Council, records maintenance, check signing and the AMC required
elections officer duties. Christensen stated about 50% of her time is spent on these duties. She
also stated that a good portion of her time is spent maintaining the AMC, which isn't in either
Charter or AMC, but is important to have someone be a centralized control.
Almquist asked if the current duties were reduced to only those in the Charter, would that reduce
her workload to 50%? Christensen stated that it's not clear if that's the case, due to State
regulations. She stated that her assistant handles all records management issues, but not records
requests. Christensen handles the business meeting of the Council, her assistant attends the Study
Session and assembles the minutes for both meetings, which are then reviewed by Christensen.
Minutes for the Ashland City Recorder Position ad hoc Committee
October 28. 201
Page3 of4
Seffinger requested that Christensen put together lists of all current duties - one list of those
which are directly required by Charter, and one with all those duties performed which are outside
the Charter requirements.
Group discussed what means were available to handle an elected recorder who may not be
fulfilling their duties. The Charter states that the Council can remove this person, and have a new
one appointed by Mayor until a new election. Additionally, citizens can vote for removal from
office.
Group generally agreed that if the position is to remain an elected position it would be good idea
to change the AMC to only reflect the duties listed only in the Charter or those which are now
mandated by State laws.
Group discussed whether they could have minimum education requirements for the position.
Determined it could be added into the AMC, but would not be enforceable without a Charter
amendment.
Group determined there are three basic options they are working with:
1) Keep the position elected but have the Charter amended via vote to reflect current duties
2) Keep the position elected but update the AMC to reflect current duties
3) Amend both the Charter and the AMC to change the position to an appointed position and
to reflect current duties.
Group expressed concerned with the compensation requirements for any future recorder. Should
we be paying anyone over $87,000 to only handle the three duties listed in the Charter?
Group discussed the possible concern of the position needing to remain an independent voice for
citizens. Seffinger wondered if it would help alleviate those concerns if the position were
appointed by the Mayor and Council, but managed by the City Administrator. Group agreed that
as the City Administrator is a direct report to the Mayor and Council, this set up wouldn't really
increase the independence of the position. Christensen stated that one of the current downsides of
it being elected and having such independence is that the position isn't staff and so is not
particularly connected to decision making. It's hard to be a member of the team if you're elected.
Group discussed the challenges with considering an elected position equal to a professional,
appointed position because they have no minimum requirements and no supervisions. "This is a
possible argument for it needing to be appointed. On the other hand, citizens in previous Charter-
related elections have preferred having an elected official. The group agreed this isn't a reason to
stop consideration of the position being appointed, but wanted to clearly acknowledge the
previous preferences and possible concerns of the community. Group discussed whether citizens
feel comfortable approaching Christensen because she is an elected official or if it is because she
has been a part of the community (and in the position) for over 20 years. They agreed that it is
likely a bit of both, but may be more due to her familiarity than her being an elected official.
Group wondered if there were a way to improve citizen's confidence in an appointed position if
there were strong, clear requirements for that position. Agreed that with the open-meetings laws,
which were not in place when either the Charter or AMC were written, having the position be an
Minutes for the Ashland City Recorder Position ad hoc Committee
October 28, 2015
Page 4 of 4
independent, elected official to maintain citizen trust might no longer be as necessary.
Almquist stated that it is impossible to predict what would happen in an election and that the
group shouldn't base their decisions on what citizens may or may not feel, but rather on the best
possible decision. Christensen stated she is trying to keep an open-mind about all possibilities in
order to achieve what is best for the community. She agrees that both the Charter and the AMC
are antique and must be changed but isn't sure yet about appointed versus elected.
Christensen wondered if there has been a history of this being successful as an elected position,
would citizens see a need for change?
Group discussed whether, if Charter amendments are recommended, a plan needs to be in place
for what to do if that amendment fails. Discussed whether or not the group needs to come up
with multiple options for consideration. Kanner stated it is always better for clarity to have one,
best option. Council wouldn't have asked for this ad hoc committee if they weren't looking for
one best option with clear pros and cons to show how that option came about. All members of
the group agreed with this, except Christensen, who stated that she prefers the group gives
Council multiple options and let them choose which they believe is best.
Committee member Kanner left the ineeling at 3:25 p.m.
Group continued to discuss whether putting forth one option or multiple options was the best
approach for the Council and the community. Group determined that they would work through
all the options available and see if one option clearly becotnes the strongest. Seffinger stated that
the group needs to know what can be done if the electorate does not agree with this group's
recommendation. It might be wise to have a second best option in the group's proverbial hip-
pocket.
5. Future Meetings Schedule
Group agreed that at the next meeting they would flesh out pros and cons of elected versus
appointed. Additionally, they requested that Christensen bring a list of all current duties, broken
out by Charter requirement, AMC requirement, State requirements, etc... They will also discuss
what things have to stay in the Charter and agreed they may need the City Attorney at a future
meeting to make sure their suggestions on this are legal.
The next meeting will be held on November 4 at 2:00 p.m., in the upstairs City Hall conference
room.
6. Adjournment
Meeting adjourned at 3:41 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Minutes for the Ashland City Recorder Position ad hoc Committee
November 4. 2015
Page 1 of 4
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Wednesday, November 4, 2015
City Hall, 20 E. Main Street
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 2:04 p.m. in the finance conference room in
City Hall.
Committee members Bryan Almquist, Pam Lucas, Barbara Christensen, and Dave Kanner were
present.
2. Approval of Minutes
Minutes of October 28, 2015, were approved by the group as presented.
3. Public Forum
None.
4. Departure of Committee Member
Christensen stated that after the first meeting it became clear to her that it probably wasn't
appropriate for her to continue to be a member of this committee. The process makes her too
uncomfortable and she finds it difficult to be unbiased. She would hate for a decision to be made
based on her desires rather than what is best for the community. She stated she is happy to assist
the committee in any way they may need. She believes the committee will come up with a good
recommendation for Council, but she is going to step down as a member.
Almquist stated that Christensen's input has been valuable, but he understands her reluctance to
remain on the committee. He believes it is important to run any recommendation from the group
by her to get her thoughts before taking it to Council.
Group thanked her for her assistance.
Christensen departed the meeting at 2:10 p.m.
5. Discussion of Pros and Cons
Group discussed what changes would need to be made to the Charter and/or the Municipal Code
(AMC) if the position were to remain elected. The point of this process is to set qualifications
for the position. Group expressed concerns that if there were AMC changes, but no Charter
changes, they wouldn't be binding. In other words, someone could meet the minimum
qualifications set forth in the Charter, but not meet the updated requirements in the AMC and
could legally challenge the City in order to get the position, despite not being qualified.
Group discussed why it would be negative to also put too many details or requirements in the
Charter. Charter changes are difficult, and reduce the ability to be flexible as times and
technologies change.
Group discussed appointed versus elected recorder positions throughout Oregon. Only two, in
considerably smaller cities than Ashland, have elected recorder, so clearly there is success in
having this as an appointed position. Group discussed concerns with the financial requirements
Minutes for the Ashland City Recorder Position ad hoc Committee
November 4. 2015
Page 2 of 4
in the Charter. The Finance Director informed Kanner that he believes current staff can take on
the finance duties that the Recorder does or those she currently doesn't do (due to technology or
process changes) which are listed in either the Charter and Code. Group determined that,
regardless of whether it's appointed or elected, with all the technology and department changes
over the years the Charter needs to be updated to reflect those changes.
Seffinger asked group if anyone felt it was important that the position remain elected. Group was
unanimous that the position should be appointed. An appointed position is what would best
protect the community due to the fiduciary responsibilities, knowledge, professionalism, and
attention to detail required for the position. These are traits you hire for, not things you elect.
Positions which make political (policy-making) decisions should be elected, but this position
makes no political (policy) decisions and therefore should be appointed.
Group discussed what a typical hiring process would be for a position of this type. As it is not a
department head level position, there is no need for Council approval, rather it would be solely
appointed by the City Administrator. This process may be complicated by the fact that we still
have a Mayor and Council form of government, unlike most of the rest of the cities in Oregon. In
most cities, all appointments of department head level and below go through the City
Administrator, as all channels go through that position, but that is not always the process here.
Department head level position hiring frequently go through Council here. Group discussed
whether, despite this clearly not being a department head level position, it would be easier for the
community and Council to accept the change from elected to appointed if it were appointed by
the Mayor and Council. Almquist stated that ultimately, it should be appointed by the City
Administrator but keeping it with the Mayor and Council may be a good interim solution. Group
wondered if the best process would be to have an administrative hiring process (i.e. no
involvement or interviews by Council) with a recommendation to Mayor and Council by the City
Administrator for final approval. The only challenge to this model is that the City Administrator
would be doing the day-to-day supervision of this position but would not have authority in hiring
or firing due to Council's authority in the process. Lucas wondered if this is a problem, as this
position is technically the clerk of the Council. Kanner stated that the Council would only deal
with this position for a few hours a month at meetings but staff has to work with them for the rest
of the regular working hours. He agreed to come up with some language regarding why having
the position appointed by the City Administrator would be valuable.
Group discussed whether this position would be a separate department or part of another
department. They determined that with the proposed job duties central to this position it's more
likely that this will become a one-person job with no need for additional personnel and therefore,
no need for it to be a separate department. Seffinger stated this is also another reason why an
elected position is not good - it is more difficult to have an elected official integrated into staff.
If it is appointed, it can be integrated into the entire staff group.
Group discussed whether they need to develop a job description. It was determined that the
group should review the job description previously created to determine that the skill levels and
qualifications match with the discussions of this group. Additionally, they would like to see the
salary set in a range not too different from current levels, to make the transition easier for
Council and the community to accept.
Group determined they need one more meeting to look at all the recommendations they have
Minutes for the Ashland City Recorder Position ad hoc Committee
November 4. 2015
Page3 of 4
worked on and make any adjustments.
Group discussed whether there should be a secondary recommendation, in case the proposed
Charter changes fail in an election. They agreed that regardless of whether Charter changes are
approved, the AMC needs to be amended to bring the job into the 21s` century. The two difficult
points are that both the salary formula and financial duties are set by Charter, which makes the
ability to bring the position into this century more challenging. There is no way to guarantee this
position, which requires accuracy and professionalism, would be filled appropriately by a person
elected. There is no way to guarantee protection of the City's interests if the Charter update is not
approved.
Group requested that Kanner and Seffinger come up with a draft recommendation for review by
the group. They agreed to do so.
Group reiterated that this is in no way a reflection of who is currently in the position, and the
work that they do, but this is only a way to provide the best structure for the City's future.
Group determined that a clear explanation, maybe in spreadsheet form, of all changes to duties in
both the Charter and AMC something like: _ _
Current AMC/Charter Recommended Update Reason for Change
Group discussed whether other parts of the AMC should be amended in relation to this position,
such as who handles taxicab licensing. They determined that the whole AMC should be
reviewed, but Council can make changes over time, there is no need to do it all at once.
Group discussed what election would be best to put these changes before the voters. They
preferred either May or November of 2016. There was concern about other major measures
being on the November ballot and there was also concern about how little time there is to get
information out into the community for the May ballot.
Group discussed what would constitute a reason for firing in this type of position if appointed.
Kanner stated there are IJR policies in place which would apply to this and all city positions.
Appointed positions are required to follow a strong code of ethics (from both city and State) and
follow all City policies. This is an additional reason why having this position be appointed might
be important.
Group discussed whether having a preamble to explain all the qualifications necessary for a
person holding this office would be important. They determined that any clarification couldn't
hurt.
Group discussed concerns regarding there being no requirement for an elected official holding
this position to hold regular office hours, or even ever be in the office. The Group agreed that
having no requirement to be on duty and yet still earn a substantial paycheck with benefits from
the City is another reason the position should be appointed.
The Group agreed that the general recommendation should include the following:
Minutes for the Ashland Cite Recorder Position ad hoc Committee
November 4, 2015
Page 4 of 4
• position should be appointed
• process for appointment
• outline of the duties of the office
• salary range
• timeline for election
• rationale for the proposed changes
• Charter language recommendations
6. Future Meetings Schedule
The next meeting will be On December 9t" at 3:00 p.m.
7. Adjournment
Meeting adjourned at 3:45 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Minutes for the Ashland City Recorder Position ad hoe Committee
December 9, 2015
Page 1 of 2
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Wednesday, December 9, 2015
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 3:06 p.m. in the Siskiyou Room of the
Community Development Department, located at 51 Winburn Way.
Committee members Bryan Almquist, Pam Lucas, and Dave Kanner were present.
2. Approval of Minutes
Almquist/Lucas m/s to approve the minutes of November 4, 2015, with two modifications;
removal of the phrase, "..but the community also needs to change our form of government
too," as this is not pertinent to the discussion and with the addition of the word,
"proposed" to the sentence, "They determined that with the [proposed] job duties central
to this position it's more likely that this will become a one-person job...". Voice Vote: All
Ayes. Motion Passes.
3. Public Forum
None.
4. Request of City Recorder
Seffinger informed the group that she had a request from the City Recorder for her to be able to
give her input on the recommendations. Unfortunately, the City Recorder was unable to attend
today's meeting so Seffinger proposed that the group meet an additional time to hear her
concerns. Group agreed to do so, provided the City Recorder understands that they will not
automatically agree to change their recommendation based on her requests.
Seffinger stated that, as she understands it, the two main points of concern for the City Recorder
are to whom the position will report (Mayor and Council vs. City Administrator) and the
possibility that it will be a one-person job.
Almquist stated that, in regard to whom the position will report, the concern with having this
position report to the Mayor and Council is that the Mayor is only in the office a few hours a
week, which doesn't provide particularly good direct supervision. Kanner stated that the types of
positions who report directly to Mayor and Council should only be those who either review and
make policy recommendations to the Mayor and Council or those who provide legal advice to
the Mayor and Council.
Lucas stated that it is important to hear the City Recorder's opinion, even if the recommendation
doesn't change.
5. Review of Draft Recommendations
Seffinger asked if the group had any questions or concerns regarding the draft recommendations
as presented. Group had none, and all agreed that they were good as presented. Seffinger pointed
out that they may need to either alter or remove the sentence, "She collaborated with the ad hoc
group at the December meeting in an advisory role to develop the final recommendations." based
on the upcoming discussion with the City Recorder.
Minutes for the Ashland City Recorder Position ad hoc Committee
December 9, 2015
Page 2 of 2
6. Future Meeting Schedule
Group will meet again, at the request of the City Recorder. The meeting was tentatively set
(depending upon availability of City Recorder) for Thursday, December 17, 2015, at 3:00 p.m.
Location TBD.
7. Adjournment
Meeting adjourned at 3:25 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Minutes for the Ashland City Recorder Position ad hoc Committee
January 7, 2016
Page] o1`3
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Thursday, January 7, 2016
Siskiyou Room, 51 Winburn Way
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 3:06 p.m. in the Siskiyou Room in
Community Development, located at 51 Winburn Way.
Committee members Brian Almquist, Pam Lucas, and Dave Kanner were present.
City Recorder Barbara Christensen was also present.
2. Approval of Minutes
Minutes of December 9, 2015, were approved by the group as presented.
3. Public Forum
None.
4. City Recorder Input on Recommendations
Christensen apologized for being unable to attend the last meeting of the group and thanked them
for being willing to meet an additional time with her present. She gave the group some history of
her time in the position and expressed her concerns that the position is currently not a part of the
staff "team." She stated that being a part of the team is important no matter if the position stays
elected or becomes appointed.
Christensen raised concerns regarding why the group, as reflected in past minutes, no longer
consider the position a department head level position. This makes her concerned the group is
getting ahead of itself regarding recommendations. She is also concerned the group doesn't fully
understand all the duties of the position and stated the position is not a one-person job, that an
assistant is necessary. She described some of the ways city recorders in other cities are
incorporated into staff. She stated this is a professional position and held in high regard in every
other Oregon city but it feels Council's respect and support of the position has been lost.
Christensen stated that she is also concerned about the position being under the authority of the
City Administrator, as she has not had good working relationships with city administrators. She
would prefer this position be appointed by the Mayor and managed by the Council. She believes
that because the proposal to make the position appointed is such a major change, keeping it in the
control of the Mayor is the only way the community will agree to the recommendation.
Almquist asked if Christensen understood that the recommendation was that the position be
appointed by the Mayor. She stated she did, but that it would still be supervised by the City
Administrator. Almquist stated this is because City Council is not a supervisory body, and,
therefore, shouldn't be supervising anyone. Christensen stated she wants the position to be like
the City Attorney - directly reporting to Council.
Christensen stated that many of job duties handled by other departments are handled by the city
recorder in other cities. She was upset that this connection between her office and other
departments is lost and that she is not allowed to work as closely with staff as she feels is
Minutes for the Ashland City Recorder Position ad hoc Committee
January 7, 2016
Page 2 of 3
necessary.
Group discussed the challenges of keeping the Charter as is it, as it supersedes any ordinance
related to this position. Of particular concern to Almquist is the inability to ensure that someone
in this position held regular office hours and had at least minimum skills to do the job. He stated
there is no way to easily remove someone from the position for failure to do the job if the
position remains elected.
Group agreed that what they are looking for most in this position is professionalism, expertise,
and attention to detail - qualities that are typically appointed, not elected.
Seffinger stated she is sensitive the Christensen's concerns, and that she had done lots of
research on the position. She stated that what the group most wants is to protect the city. This is
why having the position appointed is so important. Additionally, this group is only making a
recommendation. Council has the ability to approve, alter, or deny the recommendation as they
see most appropriate.
5. Final Approval of Recommendations
Seffinger asked if the group had any suggested additions or changes to the recommendation.
Group agreed they have no additions or changes.
Seffinger stated that in creating the recommendation she tried to not have too many specifics in
the recommendation, in order to not tie-down the Council. She understands that losing an elected
position may be challenging and she tried to be sensitive to those concerns. She also tried to
make sure the recommendation is as positive as possible. In drafting the recommendation, she
looked at what all cities across the state are doing. They overwhelmingly had this as an
appointed position. As this position has become more complicated over the years, it is important
to have the position be a long-term, professional position. Most importantly, this
recommendation was never meant to denigrate or reduce the position or Christensen's work over
the years in it.
Almquist stated he likes the recommendation as-is and reiterated his concerns in keeping it
elected.
Lucas stated she approves the recommendation as well and feels that, considering how much the
position pays in salary and benefits, this would be a very desirable position in the community.
She wants to make sure that the city is protected, which is why it is important it become
appointed.
Kanner stated that he is also fine with the recommendation as-is.
Group discussed how they would present the recommendation to Council. As Lucas will be
unavailable, Almquist agreed to be present to answer questions from Council.
Group discussed the research Kanner was asked to do at the last meeting regarding whether
recorders in other cities have full-time assistants (see attached). Christensen stated that, while
these might reflect where positions are allocated in those city budgets, she doesn't believe the
information is accurate. Kanner stated that he and Personnel Division staff spoke directly with
Minutes for the Ashland City Recorder Position ad hoc Committee
January 7, 2016
Page 3 of 3
officials from each city listed to obtain the information. Almquist stated the difference between
those cities listed and Ashland is that those cities all have appointed recorders, so specific job
criteria and qualifications were able to be crafted. Without a Charter amendment we can't do
that.
6. Adjournment
Meeting adjourned at 3:55 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Dedicated Dedicated No
CITY Population Dedicated Comments
F/T Support P/T Support
Support
Ashland 20,684 X F/T Admin. Assistant
Canby 17,010 X
Central Point 17,724 X
Coos Bay 16,039 X City Recorder/Finance Director is one position.
Deputy Finance Director backfills.
Dallas 15,102 X Exec. Asst to City Manager, Mayor/Council, HR
Manager backfills when needed.
Forest Grove 23,096 X
HR Director is also city recorder and has no direct
Happy Valley 17,319 X reports. A support position may be hired in 2016 to
allow the incumbent to focus on HR.
Finance Director/City Recorder is one position.
Hermiston 17,137 X Accounting Asst. and Executive Asst. backfill when
needed.
Klamath Falls 21,119 X
Lebanon 15,982 .25 FTE Admin. Asst. to City Clerk (Recorder)- P/T .25 FTE
City Recorder's Office provides general
administrative support to the City Manager, HR,
Milwaukie 20,640 X Finance and IT with three FTE who report to the City
Recorder. No employee provides dedicated back-up
to the city recorder.
Newberg 22,692 X
Pendleton 16,904 X
Redmond 27,941 .5 FTE Assistant - P/T .5 FTE
Roseburg 21,903 X Admin Asst to City Manager backfills when needed
Sherwood 18,978 .5 FTE Admin. Assistant to City Recorder - P/T at .5 FTE
The Dalles 15,162 X City Recorder is also Gen. Services Mgr/HR Director.
Exec. Secretary offers support.
Troutdale has a position whose title is "Deputy City
Recorder," but that position is the City Hall
Troutdale 16,552 X receptionist, secretarial support to City Manager,
back-up to all other central service administration
and not dedicated support to the City Recorder.
City Manager/City Recorder are one position -
Tualatin 26,907 X Deputy City Recorder performs council clerk and
records management functions
West Linn 26,289 X
Wilsonville 22,026 X
Woodburn 24,734 X
City Council Study Session
May 4, 2015
Page 1 of 3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, May 4, 2015
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:29 p.m. in the Siskiyou Room.
Councilor Lemhouse, Morris, Seffinger, Rosenthal, Voisin, and Marsh were present.
1. Public Input (15 minutes maximum)
Louise Shawkat/870 Cambridge Street/Wanted to know when the Conservation Commission's plan to
develop and implement a Climate Action Plan would go before Council.
City Administrator Dave Kanner responded the Conservation Commission would present the plan at the
June 2, 2015 Council meeting.
2. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
3. Options for rehabilitation of the Pioneer Mike statue
Historic preservation consultant George Kramer from Kramer and Company provided background on the
Pioneer Mike statue dedicated October 1910 as a gift to the city from the Carter family through a. $1,000
donation. The statue has stood at the plaza for 115 years and removed twice. Once in 1969 when
someone lassoed Pioneer Mike, pulled the statue down breaking the boots and one arm, and since October
2014 when someone broke the arm off in the same place. Southern Oregon graduate Ron Reinmiller
repaired the damage that occurred in 1969 using fiberglass and epoxy and the statue returned to the plaza
in 1972.
The statue was made of zinc and soldered together. Zinc was brittle and over time, repairs weakened the
statue. There were four examples of Pioneer Mike in the country. Ashland's was the only one in exterior
display. Out of four, only two remained. One was in Ashland and the other in Stone Lake IA. The City
of Storm Lake experienced similar issues with their statue that resulted in recasting Pioneer Mike in
bronze for exterior display. The original is on interior display at the Buena Vista Historical Society.
The statue was originally in contrapposto posture but repaired flatfooted in 1969 for additional stability.
There were two options. One was continue to repair the statue as needed and if Council chose that option,
Mr. Kramer strongly recommended the City have a mold made. The other option was accepting the City
of Storm Lake's offer to allow the City to send a mold-maker and model their bronze casting. The City
would display the bronze replica at the plaza, repair the original, and display it at an interior location.
Pioneer Mike was on the national register. The Oregon State Historic Preservation office was aware of
issues with cast zinc statues and was comfortable with the City replacing the statue with a bronze replica.
Mr. Kramer referenced page 25 of his report and clarified costs. Repair damage for exterior installation
was $10,000 and $1,500 for interior display. With fountain repair costs included, the Repair Option was
$35,500. The Replication option would cost $47,000-$57,000.
Council supported replicating the statue in bronze and repairing the original for interior display. Mr.
Kanner noted there was one-time money in the budget for possible replication, $8,500 from the insurance
company, and the insurance company would pay the $10,000 deductible. Council suggested looking at
the fountain in front of the library that did not work and restoring the Abraham Lincoln statue in Lithia
City Council Study Session
May 4, 2015
Page 2 of 3
Park. The Public Arts Commission and Historic Commission could do an inventory of the current statues
and fountains in need of repair and make recommendations, including the replacement of Pioneer Mike
with a bronze statue. Mr. Kramer and Council discussed not repairing the flatfooted original and keeping
it as part of Ashland's story.
4. Discussion of City Recorder compensation and Charter amendment
Councilor Lemhouse explained this was City Recorder Barbara Christensen's final term and she would
not seek re-election when it ended. Councilor Lemhouse stated that the discussion should be focused on
whether the salary and the formula used to set the pay for the City Recorder position was right and if the
position should continue as an elected position.
Council confirmed the City Charter dictated the formula for salary calculation and it would require an
amendment to change the salary formula or change the position from elected to appointed. There were
two other cities in Oregon with elected city recorder positions.
City Administrator Dave Kanner compiled position descriptions for the city recorder from cities in the
state that closely matched the City of Ashland City Recorder job duties and city size. The City
considered all forms of increased compensation that management and supervisory employees received
when calculating the average increase and applied it to the recorder and municipal judge. Ashland's city
recorder was not a classified employee and did not have a pay range with steps. Both the city recorder
and municipal judge received a salary and did not get cost of living adjustments.
Council noted the technical requirements required of the recorder's office and there was no guarantee the
City would get an elected recorder that matched Ms. Christensen's high quality, character, and ethics.
Council discussed paying the position like a department head if the position remained elected.
Alternately, this was an opportunity to modernize the position, make it appointed, and get input from Ms.
Christensen on how it should look. Mr. Kanner clarified if Council wanted to refer a charter amendment
he recommended not making it effective until the expiration of the current city recorder's term. Mayor
Stromberg added having the amendment go into effect at the end of the current incumbent's term or
whenever that incumbent left the position. Other comments suggested changing the position but retaining
the elected status and addressing qualification concerns, have the city recorder's salary relate to
department head salaries, not supervisor pay, and when the amendment passed, offer that pay increase to
the current city recorder. Council wanted to review the pros and cons.
Mr. Kanner further clarified the top of range for a current city recorder was similar to what Ms.
Christensen was earning. An analysis of the required duties and what that type of position was paid in
comparison to other city positions, along with an analysis of comparable positions in similarly sized
jurisdictions would result in the top salary range close to the current recorder's salary. He did not
consider the recorder a department head position. The scope of resources affected by the position,
independent judgment, and decision making factored into a classification did not justify treating the city
recorder position as a department head. It was a confidential-administrative position below a senior
management or deputy police chief role. Staff would need to do a comprehensive analysis to determine
actual classification.
If Council decided to pursue changing the position to appointed, they could remove the city recorder
language from the Charter and create the city recorder position through a code amendment. Mayor
Stromberg added the investment policy side of the city recorder and city treasurer would go into the
Finance Department. The intention was a clean transition with the current elected recorder's era ending
with Ms. Christensen and moving into a classified position in the City. Mr. Kanner noted almost all city
recorder positions reported to the city administrator or city manager.
City Council Study Session
May 4, 2015
Page 3 of 3
Council was interested in knowing the reasoning behind the 1974 change. In 2002, Council did not
recommend changing the city recorder position because Ms. Christensen did not support the change. This
time Ms. Christensen supported looking into changing the position from elected to appointed. Other
Council comments wanted to look at options regarding electing or appointing the position.
Mr. Kanner commented elected offices in the country were reserved for policymaking positions and the
city recorder was not a policy making position. It was an administrative, professional, technical position
that worked within a prescribed set of rules regarding public meetings and information, and records
retention. The city recorder implemented the policy of state and local legislative bodies. The elected
county clerk ran the elections. The county needed someone who could exercise independence in the
running of an election. The Ashland city recorder filed paperwork for the elections and did not run them.
Staff would provide the pros and cons regarding whether to keep the position elected or appointed along
with options that preserved the position but modernized it in the City Charter.
5. Discussion of quorum requirements for boards and commissions
City Administrator Dave Kanner explained the request to change the codified definition of a quorum
came from the Public Arts Commission. Council considered changing the quorum in 2012 and at that
time elected not to make that change. Public Arts Commission member Margaret Garrington further
explained the Commission's difficulties fi lling the 7-member maximum. Typically, the Commission had
four people, and currently had six. Other issues were meeting quorum requirements on a monthly basis.
Council suggested changing quorum requirements to mandate a minimum number of votes required to
make a recommendation or pass a motion. Currently the Planning Commission had the final vote in a
decision unless appealed. Other decisions by commissions ultimately went through Council, there would
never be a time three commissioners could make a decision that was final. The quorum could have a
minimum of three votes to make a recommendation. Council noted there were twelve commissions and
three, the Public Arts, Transportation, and Tree Commissions had challenges getting members and
suggested reviewing and improving recruitment processes. Possible other reasons for low recruitment
could be attendance requirements or retaining the interest of commissioners and keeping the commissions
working.
Council majority directed staff to bring back an ordinance lowering quorum requirements with a
minimum amount of votes to establish an action. Opposing comments did not want to give staff direction
regarding quorum and wanted to address the root cause of quorum issues instead. Council also wanted to
know the methodology on recruitment, other strategies to gain interest in commissions, and have someone
contact commission chairs for their input.
Meeting adjourned at 7:00 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
City Council Study Scssion
August 31, 2015
Page I of 3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, August 31, 2015
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room.
Councilor Rosenthal, Voisin, Marsh, Morris, Lenlhouse, and Seffinger were present.
1. Public Input
Huelz Gutcheon/2253 Hwy 99/China had twice as much greenhouse gas emissions than the United States.
However, the United States had more per capita. The president wanted greenhouse gas emissions reduced
20% by 2030. He recommended watching President Obama's talk at the Natural Clean Energy Summit Oil
YOUTube.
2. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
3. Discussion of City Recorder charter amendment
City Administrator Dave Kanner explained Council needed to review the information on changing the City
Recorder position from elected to appointed and decide next steps if any. Alternately, some of the content in
the City Charter was outdated and required updating.
Councilor Marsh addressed the Charter Commission that previously reviewed potential changes to the
Charter and explained the commission never put a vote to the public. The City Recorder did not support
changing the position to appointed at that time and the Commission did move forward knowing that
information.
City Recorder Barbra Christensen explained it was an honor to serve the community as the elected City
Recorder and Treasurer. She respectfully disagreed with the comments and opinion presented by the City
Administrator but understood his reasons. She provided examples that showed her office was its own
department and worked intricately with all City departments as well as banking and treasury management
services. Independent judgement was important in the office and being able to make decisions based on law
or information she had was part of the position.
She understood the concerns and issues on having the position appointed or elected. She had full confidence
in the community. They were aware of who they elected into office. There was never an elected City
Recorder unable to fulfill the duties of this office. Charter provisions allowed the Council to remove a
Recorder not able to perform the duties.
The position and duties had evolved over the past twenty years. She was willing to discuss retaining some of
the duties but reluctant to change the position from elected to appointed. It was important to have the
advantage of a full time elected official at City Hall, to be impartial and autonomous. It was a perceived
sense of security for the citizens and an honored historical part of the history. Having an elected city
recorder was not normal in Oregon but was in other states throughout the country. If there were cons, they
should figure out a way to resolve them. She wanted the office better utilized and to be part of the team like
any other department. Since the Recorder's office was intricately involved with other departments, receiving
updates on future projects would be helpful. Ms. Christensen attended Department Head meetings in the past
but had not for several years.
City Council Study Session
August 31, 2015
Page 2 of 3
The City Charter defined Recorder responsibilities while City Treasurer duties were written in the Charter
regarding bonds and in the Ashland Municipal Code (AMC). Currently, banking was electronic,
complicated, and had evolved almost into its own entity.
Ms. Christensen used an incident with a former City Administrator who did not follow contract rules as an
example where an elected Recorder position was beneficial. A series of records requests through her office
unveiled misconduct issuing contracts by the City Administrator at that time.
Council asked what Ms. Christensen thought about having the Recorder position appointed by the Mayor and
Council. Ms. Christensen supported that slightly more than appointment by the City Administrator. The
community ultimately made the decision. She thought whatever was decided had to have full support of the
Council.
City Attorney Dave Lohman thought it might be possible to establish minimum qualifications for an elected
position.
Council comment observed the Recorder position had been elected for over one hundred years without issue.
Response noted the position was salaried, had evolved over time, and required qualifying skills. Council
discussed forming a subcommittee to determine whether the position should be appointed or remain elected
and possibly shifting duties to other departments. If a change went to the voters, it should go on a special
election versus a primary, possibly with the school board election May 2017. Some Councilors did not
support making the position appointed but were interested in possibly separating duties through an ordinance.
Mr. Lohman addressed establishing qualifications through an ordinance and clarified the Charter could not
be overridden by an ordinance.
Council majority supported forming a subcommittee to review appointing the Recorder's position or keeping
it elected and reviewing current duties. The subcommittee would also clean up areas in the Charter that
required updating. Ms. Christensen would be a part of the subcommittee with the Mayor, one councilor, and
citizens. The Mayor and Council discussed a subcommittee versus an ad hoc committee and decided on an
ad hoc committee. Ms. Christensen suggested the City Administrator be part of the ad hoc committee as
well.
4. Ashland Fire & Rescue operational and staffing information
Mayor Stromberg explained this was part two of the discussion begun at the August 3, 2015 Study Session
regarding Ashland Fire & Rescue (AF&R). There was a core conflict between fire and emergency services
and medical transport. Part 2 of the discussion encompassed options to resolve staffing through possibly
adjusting, consolidating, or eliminating functions. Fire Chief John Karns explained the primary issue was
not having enough staff to respond appropriately to the call load. For second or third alarm fires, AF&R
used resources from Fire District 3 and Fire District 5. However, call load and staffing issues occurred daily.
There were three ways to address staffing and the increased call load. One was hire more personnel for line
duty. The second was reduce the call load. The third was researching the possibility of replacing the
municipal department with a special district concept where Fire District 5 absorbed AF&R or created a new
special district with Fire District 5.
Funding for a Special District used taxes between the district and the taxpayer. The municipal property tax
would decrease and the net funding would be greater. City Administrator Dave Kanner clarified the district
would have a maximum tax rate set by the ballot measure that created the district. The City had no way of
reducing Ashland's permanent tax rate. Any reduction in taxes the City collected would be voluntary and an
annual or biennial budget decision. Chief Karns further clarified a special district would help fund the
department and provide the resource level needed.
City Council Study Session
August 31, 2015
Page 3 of 3
Battalion Chief David Shepherd explained AF&R and Fire District 5 requested support for one another
weekly. Mr. Kanner clarified only taxpayers in Fire District 5 pay Fire District 5 taxes. County taxes did not
pay for the district. Ambulance service was not a tax-based system. It was a fee for service system.
Refusing the non-emergent transport would result in lost revenue. Mercy Flights might be interested in
taking over that call load but would not reimburse AF&R. Mercy Flights had similar resource challenges as
well.
Chief Karns thought going to an 8-10 staffing level would keep initial costs down and provided a benefit of
having ten people on duty during certain times. It was not a resolution but a reasonable starting point until
the department was at a9-10 staffing level. Currently AF&R was at 8-9 staffing level. Due to vacation time,
AF&R allowed two employees off on any given day leaving a staff of seven. The department paid an
employee overtime to maintain an eight person staffing level. The 8-10 staffing level would allow two
people off without incurring overtime. An 8-10 staffing level meant hiring three firefighters, one for each
shift and would eliminate 5300 hours paid in overtime that totaled $317,000. Salary and benefits for an
entry-level firefighter was $109,000 with a step increase at six months. The appropriate staffing level for
AF&R was 10-11.
Going to a special district could cause the City to lose programs like the Fire Adapted Communities,
emergency management preparedness, and fire inspections. A special district formed within Ashland would
enable the programs to remain. Special districts minimized duplication of services and having borderless
departments maximized resource deployment. Consultant costs to analyze the potential of forming a special
district were approximately $40,000.
Mr. Kanner noted other options that included hiring new employees at a level who were not certified but
were Emergency Medical Technicians (EMTs) that did nothing but drive ambulances. Chief Karns
explained transports required paramedics by contract. AFR transported approximately 1,700 people a year.
Another option Mr. Kanner suggested was contracting with Fire District 5 to provide fire and emergency
medical services (EMS). To have a viable fire department long-term required adding staff and that would be
expensive. In the current budget process, it was a $1,000,000 in add package requests and there was not
enough funds. The City needed to focus on what was most critical at that time and preference was given to
those things that did not incur ongoing costs beyond the current budget cycle. The present discussion on
AF&R had implications for the next budget cycle and possibly the budget following. The City had outgrown
its ability to fund the fire department at an adequate level. The demand for service had outgrown the
available money.
Reducing the call load would eliminate the ambulance transport service with an approximate loss of
$671,000 in revenue. AF&R would still be understaffed. Response times would be similar. The time
difference would occur with the transporting resource.
Council wanted information and options on forming a special district, merging with Fire District 5, a
residential fire sprinkler ordinance, and achieving a staff level of 8-10 that included where the money would
come from and what programs might get cut.
Meeting adjourned at 7:20 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY CHARTER
INTRODUCTION 00 history of the Ashland Charter
The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the
City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the
City, which remained in effect until 1970, although amended numerous times over the years.
In 1906, a State constitutional amendment giving cities I Ionic Rule meant that Charters could be adopted
and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City
Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government.
For this purpose, the Council may call a special election on the Charter by initiative petition.
In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and the
Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of the
City. As adopted, it retained all ofthc desirable provisions ofthe original Charter, while omitting obsolete
provisions, thereby simplifying this important document and making it a more workable one.
Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative
refinements, and these amendments have been incorporated into the following compilation of the City
Charter.
Amendment to the charter was enacted by the voters in November of 2006, requiring voter approval before
any real property transfer tax could be enacted. This amendment has been incorporated into the following
compilation of the City Charter.
Notes: 1) City incorporated 10-13-1874
2) First Ordinance passed I 1-14-1874 -Setting Boundaries of the City of Ashland
ARTICLE 1 Name and Boundaries
Section 1. "Title of Enactment This enactment shall be referred to as the Ashland Charter of 411702016.
Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a
municipal corporation with the name "City of Ashland".
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. The R ~E'°~ Shall keefl ill ri°•/r i-S 814iieeCity shall maintain at City Hall at least two (2)
copies of this Charter, n+each of which he,lshe shall maintain include an accurate and up-to-date description
of the boundaries. The copies and descriptions shall be available for public inspection at any time during
regular Office hours of the ReeKde~business hours.
ARTICLE 2 Powers
Section 1. Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or implied]), 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.
Page I of 16
ASIILAND CITY CHARTER
Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the scope of the powers, which the City would have if the particular
power were not mentioned. The Charter shall be liberally construed to the end that the City shall have all
powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may
assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution.
Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special
election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a new
Charter, or whenever petitioned to do so by the electors of said City, under any initiative or referendum
ordinance of the City of Ashland, or the laws of the State of Oregon.
AR77CLE 3 Llective Officers
Section 1. Elective Officers The elective officers ofthe City shall be: a Mayor, ReeaFdeF, six (6) Council
Members, five (5) Park Commissioners and a Municipal .fudge. (Charter amendment 5-23-78)
Section 2. Qualifications All elective officers except the Municipal Judge shall be residents and
qualified voters in the City . (Charter amendment 5-23-78).
Section 3. Salaries Any change in the amount of the present compensation received by elective officers,
except for the 'ReeOfd °lia Municipal Judge, shall be submitted to the vote of the people; however, the
average fiscal year 1974 75 in the same percentage as the eiuplo~ces and department hea s the Cit) of Ashland: further, the salary of the Municipal Judge will
initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the
average salary adjustment of the other supervisory employees and department heads of the City of Ashland.
(Charter amendment 5-23-78).
Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of
public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in
the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without
the consent of the Council or upon his/her absence from meetings ofthe Council for sixty (60) days without
like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council.
A vacant elective office in the City shall be filled within sixty (60) days by the COLlneil electing some
qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon
appointment and shall continue until a successor, elected at the next biennial election, takes office for the
unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member
of the Council for disorderly conduct in Council or inattention to duties. No Council member shall be
expelled without notice and a hearing by the Council.
Section 5. Term The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in Citv Contracts During the term of office, no elective officer shall violate any
provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote
11-8-94.)
Page 2 of 16
ASHLAND CITY CHARTER
ARTICLE 4 Mayor
Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the
end of his/her term of office as fixed by the Charier of the City in effect at the time this Charter is adopted.
Al the biennial general election held in 44722016, and every fourth year thereafter, a Mayor shall be elected
for a term of four (4) years.
Section 2. lowers and Duties The Mayor is the executive officer of the municipal corporation and shall
exercise careful supervision over the general affairs of the City and over appointive officers. I Ie/she shall
sign all orders and warrants on the Treasury for claims authorized by the Council.
Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council
except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote either in the
affirmative or in the negative. The Mayor shall, within live days after the passage of any ordinance, either
approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or passed by
the Council over his/her veto. The Mayor shall, in case he/she vetoes any ordinance or resolution, file such
veto with the City Recorder, together with reasons for his/her disapproval, which veto and message of
disapproval shall be read at the next meeting of the Council, and such ordinance or resolution be put upon
its passage again; and, if two-thirds of the Council members shall vote in the affirmative, it shall become
law without the Mayor's approval, but not otherwise. In passing all resolutions and ordinances, the ayes
and nays shall be called and permanent record made of the vote thereon.
ARTICLE 5 Council Members
Section 1. 'T'erms The Council members in office at the time this Charter is adopted shall continue in
office, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time this
Charter is adopted. At each biennial general election after this Charter takes effect. three COnneil members
shall be elected, each for a term of four (4) years.
ARTICLE 6 Recorder
Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until
the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. or until the Recorder resigns or is removed from office per Article 3. Section 4, above, whichever
comes first. A+eael bt 1 general ele.t n held in shall he elect d ^-F.. f .f (4) yeaFs.
Section 2. The Council shall confirm the Citv Administrator's appointment of an individual to the
position of Citv Recorder. The Recorder shall act as the clerk of the Colmcil, attend all of its meetings
unless excused therefrom. and shall keep plain and correct minutes of all business and procecdines of the
Council and other duties as may be prescribed by state law, the City Charter. City ordinance or the City
Administrator. In the Recorder's absence from a Council mectine, the City Administrator shall appoint a
Clerk of the Council pro tern who while acting in that capacity, shall have all the authority and duties of the
Recorder. Pk)N~eFs, and Daties Th , P-,RFd-a#- shall aet as Clerk efthe (~e~tneil aiid shall keep plaiii and
_
COLIFICil. S
Page 3 of 16
ASHLAND CITY CHARTER
d 1 i /I"" ofl:eial INand saf'I.. keep it! 1 fl'„ el-& Mid •rzipe,S 0f ibe
ARTICLE 6A Judge
Section 1. 'Penn At the biennial general election held in 1978, and every fourth year thereafter, a fudge
shall be elected for a term of four (4) years. (Cliarter amendment 5-23-78)
ARTICLE 7 Elections
Section 1. Regular Elections Regular City elections shall be held at the same times and places as
biennial general Slate elections, in accordance with applicable State election laws.
Section 2. Notice of RcRUlar Elections The Recorder, pursuant to directions from the Council, shall dive
at least ten (10) days notice of each regular CAN election by posting notice thereof at a conspicuous place in
the City Ifall, and by publication in a newspaper of wide and general circulation published in the City of
Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon,
and the time and place of the election.
Section 3. Special Elections The Council shall provide the time, manner and means for holding any
special election which shall comply with applicable State laws. The Recorder shall give at least ten (10)
days notice of each special election in the manner provided by the action of the Council ordering the
election.
Section 4. RegnlatiOn of Elections Except as this Charter provides otherwise and as the Council provides
otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all
City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at
the election. The nomination must be by a petition that specifies the office sought and must be in a form
prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and
with the candidate's written acceptance of such nomination. No elector may sign more than one petition
for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the first
sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to
one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof,
indicating the number of signers of the paper and stating that each signature of the person appended thereto
was made in his/her presence, and is the genuine signature of the person whose name it purports to be.
Opposite each signature shall be stated the date of signing, the signer's place or residence, identified by its
street and number or other sufficient designation. The Recorder shall make a record of the exact time at
which each petition is filed and shall take and preserve the name and address of the person by whom it is
filed. Ifthe petition is not signed by the required number of qualified electors, the Recorder shall notify the
candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is
insufficient in any other particular, the Recorder shall return it immediately to the person who filed it,
certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed
again as a news petition, or a substitute petition for the same candidate may be filed, within the regular time
for filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed
in final form as one instrument with the Recorder not less than twelve (12) days before the date that the
Recorder must file the same with the County Clerk. (Charter Amendment 1 1-2-82)
Page 4 of 16
ASHLAND CITY CHARTER
Section 6. Canvass of Returns In all elections held in conjunction with State and County elections, the
State laws governing the filing of returns by the County Clerk shall apply. In each special City election,
the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later
than five (5) days after the election, the Council shall meet and canvass the returns. The results of all
elections shall be entered in the record of the proceedings of the Council. The entry shall state the total
number of votes cast at the election, the votes cast for each person, and for and against each proposition, the
name of each person elected to office, the office to which he/she has been elected, and a reference to each
measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and
sign a Certificate of Election of each person elected and deliver the Certificate to him/her within one (1) day
after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth of the
statements contained in it.
Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the Council.
Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an oath
or shall affirm that he/she will support the constitutions and laws of the United States, the State of Oregon,
and the Charter and laws ofthc City of Ashland, and that he/she will faithfully perform the duties of his/her
office.
ARTICLE 8 Council
Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall
be vested in the Council and the Mayor.
Section 2. Composition The Council shall be composed of six (6) Council members elected in the City
at large and by position number. Each position shall bear a number running from one (No. 1) through six
(No. 6), and any candidate for Council shall, starting with his/her nominating petition, designate the number
of the Council seat to which he/she seeks election; further, one candidate may only run for one position at
an election.
"file Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers 1,
3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision, the
Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council members.
Section 3. Council Meetings and Rules The Council shall hold a regular meeting in the City at least once
each month at a time and place which it designates. Other meetings may be called as the Council deems
necessary, with notice given the Mayor and Council members and the public as provided by ordinance.
Minutes of any such special meeting shall be presented at the next regular Council meeting. "l he Council
shall adopt rules for its proceedings.
Section 4. Quorum The Mayor and not less than three (3) of the Council members, or four (4) of the
Council members, shall constitute a quorum for conducting Council business.
Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the
Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and
entered in the record.
Page 5 of 16
ASHLAND CITY CHARTER
Section 6. Proceedinas to be Public No action by the Council shall have legal effect unless the motion
for the action and the vote thereon take place at proceedings open to the public.
Section 7. Mavor's Function at Council Mectinas 'I he Mayor shall preside over the deliberations of the
Council. Ile/she shall have authority to preserve order, enforce the rules of the Council, and determine the
order of business under the rules of the Council.
Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. Ile/she
shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter,
have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her
Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair arc absent, the
Council members present shall elect one of their number as Chair Pro "I cm, who shall preside at that
meeting.
Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majority of the
members of the Council present at a Council meeting shall be necessary to decide any question before the
Council.
ARTICLE 9 Special Powers of the Council
Section 1. Violation of Charter. Ordinance and Laws The Council, at any regular or adjourned meeting,
shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions
not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of
this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of
the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment
of such offender, until such fine and costs are paid; and to provide for the working of such persons so
convicted on the streets of the City or at any other work, and to provide the compensation therefor to be
applied on such fine and costs, but no fine shall exceed the sum of $500 and the costs of prosecution, nor
shall any imprisonment or term at hard labor exceed 60 days.
Section Levy of Taxes The Council, by two-thirds vote of the Council at any regular or adjourned Commented [ki]: This section references apa,perty tax system
meeting, shall have the povvcr within the limits of the City of Ashland to annually ordain and levy taxes on that no longer exists and itshoord be re iro ed or ai -nded
the taxable property of the City made taxable by law for County and State purposes, not to exceed fifteen
mills on the dollar on the assessed valuation in any year for the expenses of the City, and also in such further
amount as may be necessary for the payment of interest or principal on any bonded indebtedness now
existing or hereafter to exist against the City and for payment of any judgment or judgments obtained
against the City.
Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by
law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue
the general obligation bonds of the City in such amounts and with such maturity dates as the City Council
shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand
Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord with current
construction standards of the City's water, sewer, electrical and storm sewer systems; City streets and
bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and the
purchase of a dredge for the removal of present and continuous accumulations of silt in the City's water
reservoir; and to further provide that all state or federal funds received to assist Ashland in repair of flood
damage shall be used for that purpose or to pay principal and interest on these bonds and for no other
purpose; and shall have the power and right to designate the manner and time of payment of said bonds and
Page 6 of 16
ASHLAND CITY CHARTER
the interest thereon, provided that considering any discounts or premiums paid, the effective rate of interest
on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein
granted shall be exercised by the Council without submitting the question to a further vote of the electors
and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other
indebtedness elsewhere contained in the Charter of said City.
Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law
and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the
general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall,
in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty Thousand
Dollars ($360,000.00) for the purpose of financing the design and construction of additions and
improvements to the Ashland Community Iospital; and shall have the power and right to designate the
manner and time of payment of said bonds and the interest thereon, provided that considering any discounts
or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of
the State of Oregon. The power herein granted shall be exercised by the Council without submitting the
question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be
subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City.
Section 3. Special Assessments The Council shall have the power at regular or adjourned meeting to
levy such special benefit assessments for road, sewer or other special improvements as they deem
reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon,
not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected under
the provisions of Article X11, Sections I and 2.
Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any
administrative error in the levying of any special benefit assessment and to cause a reassessment to be
made.
Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have
the power within the limits of the City of Ashland to borrow money upon the credit of the City and
authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for
municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not aggregate at
any time to exceed $5,000.00.
Section 6. Bonds The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue
bonds of the City for other purposes when duly voted and required by a majority of the electors of said City;
or in rebonding any bonded indebtedness of the City when the same is due and payable and the City has not
the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period or greater
rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to this Article;
that is, Article 1X, Section 2, and at such time as they are retired shall be automatically repealed.
Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit any
obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either within
or above the City limits. Commented [k2]: This should all cone _t_
ARTICLE 10 Ordinances
Section 1. Enacting Clause The enacting clause of all ordinances hereafter enacted shall be: The
People of the City of Ashland do ordain as follows:".
Page 7 of 16
ASHLAND CITY CHARTER
Section 2. Mode of Enactment
(a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance
of the Council shall, before being put upon its final passage, be read first fully and distinctly in open
Council meeting and then on a different date by title only, unless a Council member or the public requests
that it be read in full for a second time, and it shall then be read fully and distinetlN.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may, be enacted at a
single meeting of the Council by unanimous vote of all Council members present upon being read first in
full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the public,
requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council
member and three (3) copies are provided for public inspection in the office of the City Recorder not later
than one (I) week before the first reading of the ordinance and if notice of their availability is giver
forthwith upon the filing, by written notice posted at the City Hall and by advert isement in a newspaper of
general circulation and published in the City. An ordinance enacted after being read by title alone may
have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless
each section incorporating such a difference is read fully and distinctly in open Council meeting as finally
amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered
into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the dale of its passage and
his/her name and the title of his/her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the
thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may
provide a later time for it to take effect; and, in case of emergency, it may take effect immediately.
ARTICLE 11 Public Improvements
Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be
determined by the Council and declared by resolution of the Council describing the property and stating the
uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the Council
or provided by State law.
Section 2. Improvements The procedure for making, altering, vacating or abandoning a public
improvement shall be governed by general ordinance or to the extent not so governed, by applicable general
laws of the State. Action on any proposed public improvement, except a sidewalk or except an
improvement unanimously declared by the Council to be needed at once because of an emergency, shall be
suspended for six months upon a remonstrance thereto by the owners of wo-thirds of the land to be
specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where the
land is being purchased under a land sale contract recorded or verified to the Recorder in writing by the
record holder of legal title to the land, the purchaser shall be deemed the "owner".
Section 3. Special Assessments The procedure for the levying, collecting and enforcing the payment of
special assessments for public improvements or other services to be charged against real properly shall be
Page 8 of 16
ASHLAND CITY CHARTER
as provided in Article XII, Sections I and 2 of this Charter.
Section 4. Bids All jobs or contracts for constructing.. repairing, ornamenting or improving any public
place in this City or out of it, the expenses of which are to be paid out of the City, "freasury, and the probable
cost of which will exceed $500, Shall be advertised in a newspaper of wide and general circulation Commented[k3]:sonrethingelse that shouldbechanged 'Ills
published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance enure section should come out
with the plans and specifications approved by the Council. The Council shall have the right to reject any or
all bids without incurring any liability for such rejection.
ARTICLE 12 Taxation: Powers and Duties of the Council
Section l~ Duties It shall be the duty of the Council immediately after the receipt ofthe certificate of the Commented (k47: References aproperty tax synem that oo~
County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the longer exists,
assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and
assessments as permitted in this Charter against the taxable property of the City of Ashland, and such
special assessments and penalties as may be duc and unpaid, and cause the same to be certified to the
County Court, as provided in Section 2 of this Article.
Section Duties The Council shall, immediately after such Ievy, notify the Clerk of the County Court, Commented [k5]: References aproperty tax system that no
under the certificate of the City Recorder, of the rate percent of the tax levy made by the Council and all longer exists_
delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to
compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the tax
roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the same
manner and at the sank time as taxes for County purposes are collected, and the same shall be paid over by
the County Treasurer to the City Recorder as provided by law for the paying over of city taxes.
Section 3. Countv Road Tax The territory within the limits of the City of Ashland as now existing and as
may be hereafter extended is hereby excepted out of thejurisdiction of the County Court of Jackson County
for licensing purposes and road purposes, and the City Council shall have full and exclusive jurisdiction
over the same. The inhabitants of the City shall be exempt from the payment of road taxes and
assessments of the property within the City for road work, except such taxes as may be levied and assessed
by the City Council, and all such taxes shall be placed in a separate fund and used for street purposes within
the limits of the City and not otherwise.
Section 4. Property Tax Transfer Tax Requires voter approval before any real property transfer tax is
enacted in Ashland. (Amendment November 2007; 15-65)
(I5-65, Amended, 11/07/2006, Ballot measure 15-65)
ARTICLE 13 Appointive Officers
Section 1. Appointive Officers The Mayor, with the confirmation by the Council, shall appoint a City
Administrator, City Attorney and such other officers as the Council deems necessary. The Council may
combine any two or more appointive offices. (Charter amendment 5-23-78)
Section 2. Separate Police and Fire Departments The City of Ashland shall maintain a fire department
which is separate and distinct from the City police department. The employees of one department shall not
be assigned to do the job functions of employees in the other department. (Charter amendment 14-86)
Page 9 of 16
ASHLAND CITY CHARTER
Section 3. Qualifications. Duties, and Salaries The Council shall, by ordinances, prescribe the duties of
appointive officers, and determine their compensation and qualifications, except the Municipal Judge shall
be a member ofthe Oregon State Bar. The Council may designate any appointive officer to supervise any
other appointive officer, except the Municipal Judge in the exercise of his/herjudicial duties.
Section 4. Removal "fhe Mayor, with the consent of the Council, may suspend and remove any
appointive officer at any time.
Section 5. Interest in Citv Contracts Except as provided otherwise bylaw, no officer, agent or employee
shall have any interest in any City contract made by him/her in his/her official capacity or by any public
committee, board, commission or department of which he/she is a member, agent or employee, except that
the employment ofthe officer, agent or employee shall not be considered a contract for the purposes ofthis
section.
ARTICLE 14 Chief of Police: Provers and Duties
Section 1. The Chief ofPolice shall be the conservator of the peace within the limits of the City ofAshland
and, in addition to the authority vested in him/her by the City Council, he/she shall have the authority and
jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and
to the same effect as required of constables under the statutes of this State. Ile/she shall, within the County
ofJackson, arrest any and all persons guilty of any breach of the peace committed in his/her presence, and
take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also have
the power, under any warrant from the Judge, or any Justice of the Peace, to arrest any person in any part of
the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council
shall establish a police force for the City, he/she shall by virtue of his/hcr office be Chief of such force.
Section 2. The Chief of Police shall attend all meetings of the City COUncil, and perform the duties of the
Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of
the City, and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and
ordinances ofthe City, and the provisions of this Charter, are enforced, to file complaint with the City Judge
against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and
a failure or neglect to faithfully perform any or all of such duties shall be cause for removal from office by
the City Council.
ARTICLE 15 Court
Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of judicial business at regular times specified
by the Council. All area within the City shall be within the territorial jurisdiction of the Court. When not
governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation of a City
ordinance shall be governed by the applicable general laws of the State governing District Courts.
Section 2. Judge The Municipal Judge shall be the judicial officer of the City. Ile/she shall exercise
original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter
of the City and all other offenses made punishable by State law over which the City is given concurrent
jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense
against the ordinances and Charter of the City, to commit any such person to jail or admit him/her to bail
pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary to
Page 10 of 16
ASHLAND CITY CHARTER
carry into effect the judgments of the Court, and to punish witnesses and others for contempt of the Court.
The Judge shall make a monthly report of the Court's proceedings in writing to the City Council.
Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78).
Section 4. Jury A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Orcgon relating to juries in the District Court, and shall
have the qualifications of such jurors resident within the corporate limits of said City.
Section 5. Pines, Pees, Costs. and Cash Bail The City Council shall provide for the collection of all
Court lines, fees, costs and cash bail which shall be turned over to the City Reeorde+Administrator or
Administrator's designee for safekecpinu.
ARTICLE 16 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 scrvices 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 ovned 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.
Section 2. Torts The City's immunity or liability for torts shall be as determined by State law.
Section 3. Existing Ordinances. Acts. Proceedings All existing ordinances in force when this act takes
effect and not inconsistent herewith shall be and remain in full force after this act takes effect and thereafter
until repeated by the Council. All actions and proceedings pending and all unfinished business whatsoever
when this act takes effect shall thereafter be proceeded with according to the provisions of this act or any
City ordinance applicable thereto and continued in force by this act. No suit, action or proceeding now
pending in any Court shalt abate by virtue of this act, and all persons in office shall continue to receive such
compensation for their services during the balance of their term as appertained to the office at the time they
were respectively elected or appointed thereto; and all rights vested or liabilities incurred when this act
takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are
hereby declared to be valid and of full force and effect, and all acts of the Council heretofore done in good
faith for the benefit of the City and on which proceedings shall not be instituted prior to July 1, 1970 are
hereby legalized and made valid in every particular.
Section 4. Repeal of Previously-Enacted Provisions All Charter provisions of the City enacted prior to
the time that this Charter takes effect are hereby repeated, except the provisions of the legislative Charter of
1898 relating to the Powers of the Chief of Police; that is, Article X, Section I compiled herein as Article
XIV, Section l; Powers and Duties of the Council - Taxation, that is, Article X11, Sections I and 2,
compiled herein as Article XII, Sections 1 and 2; and Territory Excepted for Road Purposes and Licensing
Purposes; that is, Article XVII, Section 1, compiled herein as Article X11, Section 3; and those provisions of
the previous Charter Amendments included in the following:
• Article VI1, Section 1, amended 11-2-54, compiled herein as Article IX, Section I
• Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3
• Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5
• Article XXVI11, Sections 1 and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII,
Sections 1 and 2
• Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled herein
as Article XIX, Sections 1, 2, 3 and 4
Page I I of 16
ASIILAND CITY CHARTLR
• Article XXVII, Sections I, 2, 3, and 4 amended 11-1 1-28, compilcd herein as Articlc XV111, Sections 1,
2, 3, and 4
• Article XXIX_ Section 1, amended 1 1-4-30, compiled herein as Article XX, Scction 1
• Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1
• Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2
• Article XIX, Section I-C. amended 3-12-57, compiled herein as Article XIX, Section I-C
Section s. Time of Effect of Charter Amendment This amended Charter took effect on July 1, 1970,
except that Amendments to Article Ill, Section 2; Article Vill, Section 1 Article X. Section 2; Article XIII,
Section 1 and Article XXII took effect on June 6, 1972. Article IIX, Section 4 took effect on December 19,
2006.
ARTICLE 17 hospital
Section 1. "file City of Ashland is hereby, authorized and empowered to own, operate and conduct a
municipal hospital within the limits of said City of Ashland under the authority and direction ofthe Council.
Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it may
deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose of
providing funds with which to purchase real property for a hospital, construct a building or buildings to be
used for hospital purposes, and equip and furnish said hospital in and for said City_ Said bonds shall bear
the date established by the Council, be serial in character, callable at any interest payment date in whole or
in part on or after five (5) years from the date thereof after notice as provided by law, be retired by the said
City in a period of not to exceed twenty-five (25) years, be in denomination of $1,000.00 each, be signed by
the Mayor and countersigned by the Recorder under the corporate seal of said City, have semi-annual
interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by the terms
thereof pledge the full faith and credit of the said City for their repayment, and hold and promise to pay to
the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United
States ofAmerica, with interest thereon in like legal tender, at the office of the City Recorder in said City or
at such other office as the Council may, in its judgment, determine, which bonds shall be known as
"Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of interest thereon,
and such other details of their issuance and sale as are not herein mentioned shall be determined by the
Council in the exercise of its bestjudgment in order to carry out the intention hereof. That it shall be the
duty of the Council to attend to the proper application of the funds derived from the sale of said bonds and
the purchaser or purchasers thereof shall in no event be responsible or charged with the proper application
of the funds derived from the sale thereof. That the Council is hereby authorized and empowered each
year at the time of making the annual tax levy for City purposes to include in such levy a sufficient amount
to meet the payment of principal and interest on said I Iospital Bonds as same shall be come due, and this
authority shall be in addition to all Charter and Oregon Constitution debt limitation.
ARTICLL 18 Cemeteries Trust Lund
Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual
levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on each dollar of
assessed valuation of property within the City, which sum shall be used for file purpose of maintenance and
upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within the
limitation of taxation provided by law. Provided further that each year from file proceeds of such levy the
Council shall set aside in a permanent trust fund the sum of $500.00, the income from which shall be used to
carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent
as to provide sufficient income for the purposes for which same was created, then no further lax levy shall
be made thereafter.
Page 12 of 16
ASHLAND CITY CHARTER
Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of
Ashland, or any privately-operated or owned cemetery within the said City for the purpose of providing
proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon
conditions as to it may seem for the best interests of the City.
Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary for
the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the City of
Ashland, and under the jurisdiction of said Council, and is further authorized from any monies received
from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots so sold, and
is further authorized to contract with the purchasers of any lots so sold, on behalf of the City of Ashland, for
the perpetual upkeep of said lots on such terms and conditions as said Council may deem best for the
protection of said City.
Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes
mentioned herein on behalf of the said City, which donations or bequests shall become a part of said
permanent trust fund, unless specified otherwise when any such bequests or donations are given.
ARTICLE 19 Park Commission
Section 1. Dedication All those lands specified by the Charter Amendment of December 15, 1908 and
May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and
shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided, however,
that such public buildings as may enhance the beauty of said park, or that shall not detract therefrom, may
be constructed if so directed by a majority vote of the electors of said City; and provided further, that
nothing contained in this act shall be construed so as to impair or interfere with proper construction or
operation of the City's I ight, power or water system.
Section 1C. That the Ashland Park Commission, with the consent of the Common Council, shall have the
authority to ]case to the Oregon Shakespearean Festival Association, a non-profit corporation of the State of
Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast corner of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in lower park;
thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150 feet;
thence, east 110 feet to west side of Ilargadine Streel; thence, northerly on west line of
Ilargadine Street to northeast corner of park properly; thence, to] lowing the meandering
north line of park property to place of beginning, containing approximately two acres for
the purpose of remodeling and expanding the present Festival theatre and the construction
of additional buildings which are hereby designated as public buildings for use by the
Oregon Shakespearean Festival Association for any, of the purposes authorized by the
corporate charter of said association, said use to be on such terms and conditions as the
Ashland Park Commission, with the consent of the Common Council, deems in the best
interests of the City; provided, however, that any ]ease shall not exceed a period of
ninety-nine (99) years.
Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of
Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective by
the proclamation of the Mayor published on the 17th day of December, 1908, and known and designated as
the "Ashland Park Commission", be and the same, as constituted and created by said Charter amendment,
Page 13 of 16
ASHLAND CITY CHARTER
and as now existing, is hereby perpetuated and continued as five (5) members with all the powers conferred
and duties imposed by said Charter amendment and ordinances of the City of Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in
November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first
day of January, 1921, and that at the general biennial election to be held in November, 1922, three
commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923,
and that the term of office for each succccding commissioner shall be four (4) years unless elected to fill a
vacancy, in which event he/she shall be elected to serve until the first day ot'January following the next
succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners
now constituting the present Ashland Park Commission shall hold office for the term for which he/she was
elected, and until his/her successor is elected and qualified.
Section 3. Funding 'I he said Park Commission shall have control and management of all the lands here
dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such
purposes. They shall have control and management of all park funds, whether the same is obtained by
taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the
City's parks.
It shall be the duty of said Commission and they' shall, at the beginning of each month, file with the City
Recorder for the information of the City Council and the public, a report of their doings for the preceding
month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a
clear statement of all monies expended and for what purpose. All purchases made and all labor performed,
together with the cost thereof, shall be embodied in said report. At the time for making the tax levy for
general City purposes in each year, the said Commission shall cause a careful estimate to be made of the
money required for park purposes for the ensuing year and file the same with the City Recorder, whereupon _
there shall be included in said general levy Pot to exceed four and one half (4-1/2) mills on the dollar to meet Commented [k6]: Refemces a property tax system that no longer
such requirements, which, when collected, shall be deposited with the City R COF(le Treasury subject to the ex'sts-
order of said Commission. The levy herein authorized shall be outside the limitation on taxation set forth
in Article XI, Section 11 of the Constitution of Oregon.
Section 4. Sala Government The said Commission shall serve without pay and shall have power to
formulate and adopt rules and regulations for their government and for the purpose of carrying into effect
the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties
immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
instruments by which said City obtained title thereto; which said instruments shall be considered as
carrying a more specific description of said lands.
ARTICLE 19a Open Space Park Program
Section 1. Creation- Powers and Duties An Open Space Park Program is hereby created to be
administered by the Ashland Park Commission. The Park Commission shall make recommendations to
the City Council concerning priorities for land and easement acquisitions for the Open Space Park Program.
After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be
responsible for the administration, development and operation of such lands.
Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City
Council must agree upon land or easements to be acquired for open space park purposes. Before any land
or easements that have been acquired for the Open Space Park Program are disposed of and released from
Page 14 of 16
ASI ]LAND CffY CLIARTFIZ
the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an
emergency clause, thus giving to the people of the City o1' Ashland the opportunity to petition for a
referendum. Land or easements acquired for open space park purposes shall be dedicated by the City
Council for such purposes. Such dedicated lands or casement shall be under the control and management
of the Ashland Park Commission. The City Council shall not use the power of condenuation to acquire
fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90)
Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for
Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open
Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated
for acquisition of Open Space Park Program lands shall remain under the financial management of the City
of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by
the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by
the City Council without further approval by the electorate. Said tax measures for Funding of the Open
Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate.
(Amended 8-14-90)
Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space
park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of
Ashland. (Amended 5-15-90).
ARTICLE 20 Municipal Airport
Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct
and operate a municipal airport either within or outside the limits of the City of Ashland, under the authority
and direction of the Council.
I RTICLE 21 City Band
Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause
a careful estimate to be made of the money required for the purpose of a City Band for the ensuing year,
such estimate shall be presented and considered with the other items in the annual budget and there shall be
included in the general levy for the ensuing year not to exceed six-tenths (6) mills on the dollar for such
band requirements, which fund, when collected, sliall be deposited with the City R-L_a,..-"freasury, subject _
to the order of the Council. Commented [k7]: References a property tax system that no
longer exists
ARTICLE 22 Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5) Ashland
Park Commissioners and their terms of oft-ice shall be the same.
Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the
Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from
such funds as may be appropriated from time to time by the City Council, and in no event shall any funds be
Page 15 of 16
ASHLAND CITY CHARTER
spent for recreation purposes that are received pursuant to Article XIX of this Charter and which relates to
the Park Commission and a levy for park purposes.
Page 16 of 16
CITY OF
DRAFT JOB DESCRIPTION ASHLAND
OVERTIME: _ Exempt x Non-Exempt
JOB TITLE: City Recorder
CLASSIFICATION: Non-represented/Confidential
DEPARTMENT: Administration
DATE: August 10, 2015
PURPOSE OF POSITION:
Performs high-level professional administrative support to the Mayor and City Council, City Administrator and
other City departments. Oversees public records retention and management for the City. Ensures compliance
with applicable laws governing public meetings, retention of official records and documents, and coordinates local
elections. Responsible for the coordination and appropriate noticing of City Council meetings and standing
committee meetings and prepares and distributes agendas and informational packets. Updates the Ashland
Municipal Code (AMC) to include ordinances and Charter amendments; interacts with the public and public
officials from City and other agencies. Performs other related duties as required.
SUPERVISION RECEIVED:
Receives supervision and direction from the City Administrator.
SUPERVISORY RESPONSIBILITIES:
May directly supervise subordinate administrative/clerical staff if necessary, however supervision is not a regular
function of this position. May also provide training and orientation to departments regarding records
management.
ESSENTIAL JOB FUNCTIONS:
The duties listed below are only intended as illustrations of the various types of work that may be performed. The omission of specific
statements of duties does not exclude them from the classification if the work is similar, related and/or a logical assignment to the
classification.
Serves as the ex-officio Clerk of the Council and attends all Council meetings and, as necessary, Council
subcommittees to take minutes, conduct roll call votes, set up the meeting room before the meeting, and run
recording devices. Oversees distribution of Council agenda and packets, assists departments with preparation of
packet documentation and reviews agenda for completeness. Schedules and makes legal notifications of
meetings, hearing and executive sessions.
Acts as support to the Council. May provide support to Budget Committee as requested. Works with the City
Administrator, Mayor and City Attorney to ensure compliance with public meetings law; drafts, edits and submits
council meeting minutes for approval and posting. Keep track of Ordinance and Resolution numbers; and assign
numbers to new Ordinances and Resolutions and obtain Mayor's signature on Ordinances, Resolutions and
contracts. Drafts, maintains, coordinates and distributes approved municipal code, ordinances and resolutions to
appropriate commissions and staff. Prepares, records and posts Council-approved code, ordinances and
resolutions. Produce minutes of the meeting capturing motions and actions of the City Council.
Functions as the City Elections Officer responsible for process of preparing, overseeing and filing of all pertinent
election materials for candidates, measures and required finance/campaign reports in local elections in
cooperation with the Jackson County officials responsible for conducting elections; works with candidates and
newly elected officials providing election information and proper paperwork. Educates city staff on restrictions on
political activity as public employees.
Custodian of official City records; oversees City-wide records management and retention. Establishes and
monitors records management standards and retention schedules for all City departments. May conduct
historical and records research for City Council and City Administrator.
City Recorder - DRAFT
JOB DESCRIPTION Page 2
Performs administrative support functions for City boards and commissions. Ensures that the Ashland Municipal
Code (AMC) is updated and available electronically.
Provides information to the public regarding public records, and works with City Attorney to determine legal
obligations for release of information under Oregon Public Records Law. Responds appropriately to the public
regarding requests for information and provides cost estimates for requests that involve extensive staff research.
Keep City Charter available to the public with updated boundaries. May process certain business licenses and
registrations as assigned. Performs other duties of a similar nature or level as assigned.
AUXILIARY JOB FUNCTIONS:
Maintain proficiency by attending training, conferences and meetings, and reading professional literature.
Maintain work area in a clean and orderly manner and follow all safety rules and procedures established for work
areas.
MINIMUM QUALIFICATIONS:
Education: Possession of an associate's degree or shall have completed a minimum of two years of post-
secondary study in business administration, public administration, English, communications or closely related
field, Bachelor's Degree preferred.
Experience: Up to five (5) years of public sector administrative/municipal government administrative experience
with specific experience in local government operations in the area of records management, public/open
meetings, elections and municipal codes.
Substitution: Any satisfactory equivalent combination of education, training and experience that demonstrates the
knowledge, skills and abilities to perform the duties of the job proficiently may substitute for the above
requirements.
Desirable Qualifications:
Certified Municipal Clerk (CMC) or Master Municipal Clerk (MCC) is preferred.
SPECIAL REQUIREMENTS
Possession or the ability to obtain and retain, a valid Oregon driver's license with an insurable driving record by
the time of appointment. Notary Public (possession of or ability to obtain within 1 year of appointment)
PHYSICAL DEMANDS OF POSITION:
The physical and mental demands described here are representative of those that most be met by employees to successfully perform the
essential functions of this classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the
essential functions.
1) Mobilit : frequent sitting for long periods of time; occasional bending or squatting. (2) Liftin : frequently up to 10
pounds; occasionally up to 25 pounds. (3) Vision: constant use of overall vision; frequent reading and close-up
work; occasional color and depth vision. (4) Dexterity: frequent use of keyboard; frequent repetitive motion;
frequent writing; frequent grasping, holding, and reaching. (5) Hearing/Talking: frequent hearing and talking, in
person and on the phone. (6) Emotional/Psychological: frequent decision-making and concentration; frequent
public and/or coworker contact; occasional working alone.
WORKING CONDITIONS:
The work environment characteristics described here are representative of those an employee encounters while performing the essential
functions of this classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions.
ADMINISTRATION DEPARTMENT/PERSONNEL Tel: 541-552-2110
20 East Main Street Fax: 541-488-5311
Ashland, Oregon 97520 TTY: 800-7355--290 2900
www.ashland.or.us
City Recorder - DRAFT
JOB DESCRIPTION Page 3
Work is performed in a typical office environment and is subject to moderate noise. Attendance at meetings
outside of the normal work schedule is required.
DEPARTMENT HEAD SIGNATURE
CITY ADMINISTRATOR APPROVAL Date
ADMINISTRATION DEPARTMENTIPERSONNEL Tel: 541-552-2110
20 East Main Street Fax: 541-488-5311
As -290 I
Ashland, Oregon 97520 TTY: 800-7355-2900
www.ashland.or.us
City Recorder Job Description Comparison
Ashland - Elected City Recorder Other Jurisdictions with non-elected City Recorder
Essential Job Duties are designated by City Charter(Ch.) and Performs a wide-variety of responsible, confidential and
Functions: Ashland Municipal Code (AMC): complex administrative duties including but not limited
to:
(Ch) The Recorder shall act as Clerk of the Council and Attends and schedules all Council Meetings, special meetings,
shall keep plain and correct records of all business and and work sessions. Records legislative actions including City
proceedings of the Council. (AMC) Act as clerk of the ordinances, resolutions and minutes; coordinates City Council
Council, record and transcribe proceedings of the City Agenda and packet distribution.
Council, and sign and record ordinances and resolutions
(Ch.) He/she shall maintain a file of all papers presented to Maintains custody of official records and archives of the City
him/her officially, and safely keep all files, records and including ordinances, resolutions, contracts, agreements, deeds,
papers of the corporation pertaining to his/her office, and insurance documents, Charter and meeting minutes; certify
these shall be open to the public. (AMC) Act as custodian copies as required; maintain and update the City's municipal
of all City ordinances, resolutions, Council minutes, deeds, code.
contracts, judgments, promissory notes and the City seal;
(AMC) Conduct City elections in cooperation with the Responsible for all aspects of local elections including issuing
Jackson County officials responsible for conducting nomination papers, candidate statements, ballot measures,
elections; arguments, legal advertising and voter registration; distributes
and processes financial and campaign disclosure statements;
(Ch.) The Recorder must draw all orders for the proper ensures compliance with State conflict of interest and campaign
payment of monies against the proper funds that have reporting laws.
been appropriated by the City Council, and, together with
the Mayor, sign the same. He/she may make periodic
audits of all city accounting records. The Recorder, shall, as Serves as the public information officer responsible for
soon as the Council shall make a general levy of the taxes responding to requests for public records and information
for the city, certify the same, together with any and all insuring compliance with regulated laws. Maintains custody of
special benefits and assessments then due, to the Clerk of official and legal documents
the County Court.
Coordinates the orientation program for Mayoral and City
(Ch.) The Recorder shall record, in a book to be kept for Council candidates.
that purpose, all ordinances and resolutions passed by the
City Council, and the same shall be signed by the Recorder, Works with all city departments to ensure proper preparation of
as well as signed and approved by the Mayor therein. Council and Budget Committee Agendas and Minutes; makes
necessary legal notifications of special meetings and public
(ANIC) Certify property tax levies and delinquent hearings of the City Council.
assessments to the County. Acts as a licensing officer in regard to business registration,
(AMC) Process and issue taxicab certifications. Process liquor license applications, taxicabs, franchises and all other
liquor license applications. regulated business and processes certain land use matters such
as annexations and street vacations.
(AMC) Act as custodian of all City monies and securities; Serves as the City's primary contact for Americans with
Prepare, issue and record all cemetery deeds;
Disabilities Act (ADA) Complaint reporting. Follows up with the
(AMC) Maintain daily and monthly bank account balances; appropriate staff member to ensure that complaints regarding
secure signed Bancroft bonding applications; record and accessibility are responded to and addressed.
bank monies received by the City; issue checks and
warrants necessary to pay valid claims on the City treasury; Performs research and prepares a variety of reports for the City
Council, committees, commissions or boards and responds
(AMC) Maintain docket of City liens and prepare lien directly to their requests and issues or refers to the appropriate
reports as required; purchase investment securities in departments. Receives and responds to inquires and complaints
cooperation with the Director of Finance. to and from the Council tactfully and constructively.
Assists the City Manager, Mayor and Council in external and
(AMC) Allocate property tax receipts; Maintain warrant internal City matters. Acts as a liaison between City Manager
register; Maintain file of legal notices; keep Charter and Mayor/City Council and departments, other government
available to public, with updated boundaries; and maintain agencies and citizen groups.
public relations between citizens and the City.
Qualifications: Must be a registered voter of the City of Ashland. Knowledge of principles and practices of office procedures and
applicable federal, state and local laws, rules and regulations
pertaining to local government operations in the area of records
management, public/open meetings, elections and municipal
codes.
Ability to analyze problems, identify alternative solutions,
project consequences of proposed actions and implement
recommendations in support of goals to improve operations,
procedures, policies, or methods; apply laws, regulations,
policies and procedures; maintain cooperative and collegial
relationships with staff, the management team, vendors,
contractors, City Council, other agencies and the general public;
effectively communicate orally and in writing, including
communicating technical or confusing information to other,
presenting information in the form of accurate, understandable
oral or written reports. Ability to discern and maintain
confidentiality of sensitive information; a breach of
confidentiality is grounds for disciplinary action up to and
including immediate termination. Able to prioritize workload,
be a self-starter, work independently of others, and complete
work assignments in an accurate and timely manner. Ability to
work evening hours and occasional weekends to accommodate
council and committee meeting times.
Skills necessary to effectively perform the duties and
responsibilities of the position including: excellent
communication skills; writing and presentation skills; computer
skills sufficient to proficiently use word processing, spreadsheet
and database application. Skill in the use of office machines and
technology.
Requirements: Must be a registered voter of the City of Ashland. Bachelor's Degree in Business Administration, public
administration, communications or related field; plus five years
experience as City Recorder, Deputy City Recorder or
administrative Assistant in a municipal government. A minimum
of 3 years in a lead or supervisory role are required; or an
equivalent combination of education and experience sufficient
to successfully perform the essential duties of the job such as
those listed above.
Licenses/Certifications:
• Valid Oregon Driver's License with insurable driving record
• Notary Public (possession of or ability to obtain within 1
year of appointment).
• Certified Municipal Clerk (CMC) or Master Municipal Clerk
(MMC) designation preferred.
Physical Not described. The Physical demands described are representative of those that
Demands and must be met by an employee to successfully perform the essential
functions of this job. Reasonable accommodations maybe made to
Working individuals with disabilities to perform the essential functions.
Conditions:
Manual dexterity and coordination are required for more than
half of the daily work period (about 50-60%) which is spend
either sitting while operating office equipment or driving to
meeting locations. While performing the duties of this position,
the employee is frequently required to stand, walk, reach ,
bend, kneel, stoop, twist, crouch, crawl, climb, balance, see,
talk, hear, smell and manipulate objects. The position requires a
degree of mobility and moving materials weighing up to 5 lbs.
frequently, up to 10 lbs. occasionally, and up to 40 pounds
rarely. This position requires both verbal and written
communication abilities.
Work Environment:
While performing the duties of this position, the employee is
working indoors in an office environment. The office setting
does not expose the employee to hazardous conditions. The
noise level in the office environment is usually moderate and
lighting is adequate. Travel is required less than 10% of the
work time.
Reports to: The Citizens of Ashland. _ The City Manager or City Administrator
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 2.08, RECORDER/TREASURER
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the voters of the City of Ashland have approved an amendment to the City Charter
to make the City Recorder an appointed position; and
WHEREAS, Chapter 2.08 of the Ashland Municipal Code applies to the duties of the City
Recorder;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2.08 is hereby amended to read as follows:
2.08 Recorder's
2.08.0 10 Duties - Generally
The duties of the City Recorder/Treasurer include those imposed by State law, the City
Charter and City ordinances. (Ord. 1705 S2, 1971)
2.08.020 Duties - Designated
It shall be the duty of the City Recorder's to perform the following tasks:
A. Act as clerk of the Council, record and transcribe proceedings of the City Council,
and sign and record ordinances and resolutions;
B. Act as custodian of all City ordinances, resolutions, Council minutes, deeds,
ffi*ffi^tS udgRients etes and the Git.' ,eal and other public records of
the City.
1. In conjunction with the City Attorney, the Recorder shall establish public
Ordinance No. Page I of 2
records retention schedules consistent with state law and shall ensure that all City
departments properly store and retain public records.
C. Certify propeirty tax levies and delinquent assessments to the Count~,, r-
propert~, taxes paid over by the Coun4.r,
A Aet as etistodian of all City monies and sa.a.ui iu
&C. Prepare, issue and record all cemetery deeds;
F.D. Cofl :et Coordinate the filinI4 of candidates, measures and finance/campaign
reporting requirements for City elections in cooperation with the Jackson County
officials responsible for conducting elections;
G. AUintain daily and monthly WOE neeount ;
registers;
H. Redeem bonds, eoupons and warrants, ntaintain bond 1. Seeur-e signed Bancroft bonding ;
• Reeord and baffli monies reeeived by the City;
K. issue warrants -Trcccsazri y ro~izy=valid i■u:iiu on the C . i e..s.. y,
L. IWaintnin doeliet of City fiefts and prepare lien reports as ;
E. Maintain docket of City liens and prepare lien reports as requested;
n Alaintain doeliet of wateir and sewer- eet fee-,,-
A Alloeate property tax ;
Q. -AUmintain warrant r-egistef=,
F. Maintain file of legal notices;
S: G. Keep Charter available to public, with updated boundaries; and
H. City. Respond promptly
to citizen inquiries on matters relatin! to the duties of the City Recorder.
2.08.030 Other Offleers
Ordinance No. Page 2 of 2
The City Reeoirder-/Tr-easur-er shall work with the Mayor, Couneill, 0rtY
"a and Dweetor- fFinafte (OFF 170-5 en 1971)
2.08.040 Substitute Appointment
The Mayor- shall appoint n Clerk of the Couneill pro tem to serve during a
tempor-ary absenee of the City Reeor-der-/Tr-easur-ei-. (Or-d. 1705 S5, 1971).
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
SECTION 4 Effective Date. This ordinance shall become effective on January 1, 2019, or
upon such date as the City Recorder in office upon the passage of this ordinance resigns or
is removed from office, whichever comes first.
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 201, and duly
PASSED and ADOPTED this day of , 201_.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 201.
John Stromberg, Mayor
Reviewed as to form
David H. Lohman, City Attorney
Ordinance No. Page 3 of 2
Dedicated Dedicated No
CITY Population Dedicated Comments
F/T Support P/T Support
Su ort
Ashland 20,684 X F/T Admin. Assistant
Canby 17,010 X
Central Point 17,724 X
Coos Bay 16,039 X City Recorder/Finance Director is one position.
Deputy Finance Director backfills.
Dallas 15,102 X Exec. Asst to City Manager,Mayor/Council, HR
Manager backfills when needed.
Forest Grove 23,096 X
HR Director is also city recorder and has no direct
Happy Valley 17,319 X reports. A support position may be hired in 2016 to
allow the incumbent to focus on HR.
Finance Director/City Recorder is one position.
Hermiston 17,137 X Accounting Asst. and Executive Asst. backfill when
needed.
Klamath Falls 21,119 X
Lebanon 15,982 .25 FTE Admin. Asst. to City Clerk (Recorder)- P/T .25 FTE
City Recorder's Office provides general
administrative support to the City Manager, HR,
Milwaukie 20,640 X Finance and IT with three FTE who report to the City
Recorder. No employee provides dedicated back-up
to the city recorder.
Newberg 22,692 X
Pendleton 16,904 X
Redmond 27,941 .5 FTE Assistant - P/T .5 FTE
Roseburg 21,903 X Admin Asst to City Manager backfills when needed
Sherwood 18,978 .5 FTE Admin. Assistant to City Recorder - P/T at .5 FIE
The Dalles 15,162 X City Recorder is also Gen. Services Mgr/HR Director.
Exec. Secretary offers support.
Troutdale has a position whose title is "Deputy City
Recorder," but that position is the City Hall
Troutdale 16,552 X receptionist, secretarial support to City Manager,
back-up to all other central service administration
and not dedicated support to the City Recorder.
City Manager/City Recorder are one position -
Tualatin 26,907 X Deputy City Recorder performs council clerk and
records management functions
West Linn 26,289 X
Wilsonville 22,026 X
Woodburn 24,734 X