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HomeMy WebLinkAbout2016-0301 Council Agenda PACKET CITY OF ASHLAND Important: Airy citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 1, 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. Executive Session of February 11, 2016 2. Business Meeting of February 16, 2016 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's proclamation of March 8, 2016 as International Women's Day VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Robert Block-Brown to the Public Arts Commission 3. Appointment of Marni Koopman to the Climate and Energy Action Plan ad hoc Committee 4. Approval of a public contract exceeding $100,000 for four Chevrolet Colorado pickup trucks for use by Ashland Parks & Recreation COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None. X. UNFINISHED BUSINESS 1. Approval of a resolution titled, "A resolution of the City Council establishing a fee for appeals of administrative decisions." XI. NEW AND MISCELLANEOUS BUSINESS 1. Report from the ad hoc Committee on AFN Governance Structure 2. Discussion of possible new ordinances on hindering pedestrian passage and on soliciting contributions in specific circumstances XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending Chapter 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". XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 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 Business Meeting February 16, 2016 Page 1 of 10 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 16, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Le111110LISe, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 18, 2016. APPROVAL OF MINUTES The minutes of the Study Session of February I, 2016, and the Executive Session of February 1, 2016 were approved as presented. The Business Meeting of February 2, 2016 was approved with the following amendments: page 3 should note that Mark Weir is not the Chair of the Conservation Commission and page 5, the last paragraph under DISCUSSION: should read "would" instead of "could." Councilor Rosenthal also commented in the discussion from the last meeting regarding the Plastic Bag Ban, Paddington Station chose not to enforce the paper bag fee in the City ordinance. SPECIAL PRESENTATIONS & AWARDS Commission Chair Dr. Joe Graff and staff liaison Scott Fleury provided the annual presentation of the Transportation Commission. The Commission was looking into improving pedestrian crossings on North Main Street between Maple Street and Laurel Street, a four way stop on Siskiyou Boulevard and Tolman Creek Road, various transit options, converting Grandview to a shared road and general parking and speeding issues. Mr. Fleury clarified Rogue Valley Transit District (RVTV) participated on the Transportation Commission as an ex- officio member. PUBLIC FORUM Corin Elmore/288 Morton Street/Spoke regarding his home that was flooded with sewage October 28, 2015 and shared the displacement and emotional strife it had caused his family. He hoped his house would be restored. Darrel Jarvis/125 2°d Street/Spoke as the attorney representing Corin Elmore and his family regarding the sewage overflow at their house October 28, 2015. They did a formal claim with the City and clarified that his clients wanted the City to pay out of pocket expenses associated with the sewer overflow in the total amount of $457,000. Damage cap limits the City had on tort claims did not pertain to this issue. Caroline Shaffer/288 Morton Street/Read from a document submitted into the record describing the emotional toll the sewage overflow had on their family and commented on the City's response. Federico Behncke/288 Morton Street/ Explained his house was flooded with thousands of gallons of raw sewage and that it took City personnel three and a half hours to respond. He questioned this lapse in response and protocol. The event crushed the family financially and destroyed priceless family heirlooms. Bill Skillman/635 Oak Knoll Drive/Stated his support for the Shaffer family regarding the sewage overflow. He did not understand why the incident was in litigation. The City was responsible and this incident should not need litigation. He asked the City to do what was right. City Council Business Meeting February 16, 2016 Page 2 of 10 Ethan Elmore/288 Morton Street/Read a letter his sister wrote that described the pain of having to leave the home she grew up in due to the sewage overflow. It caused her to live apart from her family and now financially affected which college she would attend. Huelz Gutcheon/2253 Hwy 99/Twenty years before infill was cutting edge and good. Now it caused problems with carbons, higher water rates, more danger in the streets, and possibly ruining the planet. Twenty years in the future, infill would cause starvation, and misery. The science was out there, he was not making this up. Kasson Joseph Kauth/1 Corral #13/Explained this was the second year of invasive noxious weeds. Everyone in the Rogue Valley needed to take care of these noxious weed species. They were dangerous. Noxious weeds included poison hemlock and puncture vine. He described how they hurt people and animals. There were also bands of aggressive developers in the Rogue Valley from California that would spread drought and needed to be addressed. City Attorney Dave Lohman explained the legal framework the City Council had to operate under concerning the sewage backup at 288 Morton Street. The state of Oregon had a statute that placed a ceiling on the liability a local government could pay for damage to property called the Oregon Tort Claims Act (OTCA). The OTCA limited a City's liability for a tort to $112,000 per claimant. The Legislature established a cap to keep taxpayers from having to bear the expense of guaranteeing fail-safe city systems and services. Due to the cap, no insurer would provide coverage for claims beyond what the statute set. Because of the OTCA and other laws, the City Council could not reimburse someone for tort damages in excess of the statutory ceiling. The Ashland City Charter set limits on those powers in Article 16, Section 2, "The City's immunity of liability for torts shall be as determined by State law." Insurers acted independently from the insured party and told those they insured not to become involved in the claims process. Insurance contracts contained clauses that required client cooperation, staying out of the way of the claims process to keep it objective and free of political pressures or interpersonal partiality. Attorneys always tell their clients threatened with litigation to avoid communications with prospective plaintiffs. This is to avoid inaccurate statements or something said with an unintended meaning that could be overdramatized at trial. It also prevented people who had no personal knowledge of the incident or the factors involved from being called as witness for the other side at depositions or trial. "The sewer backup at the Shaffer's home, their distress, and anger- were obviously heartfelt and wholly understandable. Mr. Lohman could share very little about the incident. As far as the City could tell, it resulted from a brick that got into the sewer line, probably from an old brick-lined manhole. Whether the brick inadvertently dislodged during the replacement of an old manhole upstream of the Shaffer's house two weeks prior or just fell at some time from another aging brick-lined manhole without having been disturbed has not and probably could not be determined. Calls for assistance were not clear. According to the attorney for Ms. Shaffer, she discovered the problem at approximately 4:30 p.m. on October 28, 2015. The City employee on call for dealing with wastewater collection problems first learned of the problem at 6:18 p.m. picked up a Jet/Vac truck and stopped the flow of sewage into the home by 7:40 p.m. On the day after the incident, City Public Works staff contacted Ms. Shaffer and advised her of the cause of the backup. The morning after the incident, City Risk Management staff also talked to Ms. Shaffer about the claims process. The City also submitted a claim to its insurer CIS that day and requested immediate expedition. CIS contacted Ms. Shaffer the day after the incident and met with her and her attorney at the house to inspect damages. Within seven days, Ms. Shaffer received an advance payment of $25,000 from CIS. Within sixty days of the incident, CIS made the maximum offer allowed under the OTCA for property damage to the co-owners of 288 Morton Street. City Council Business Meeting February 16, 2016 Page 3 of 10 There would be more to say about the incident in the future. In the meantime, Mr. Lohman strongly advised Council to refrain from making any comments about the matter. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Sharon Harris to the Housing & Human Services Commission 3. Biennium 2016-2017 Second Quarterly Financial Report 4. Ratification of labor contract with the Ashland Firefighters Association, IAFF Local #1269 5. Climate and Energy Action Plan - consultant services contract 6. Liquor license application for Charles Shalda dba Ashland Hills Inn Councilor Rosenthal pulled Consent Agenda item #3 and Councilor Voisin pulled item #5 for discussion. Administrative Services/Finance Director- Lee Tuneberg addressed the Biennium Second Quarterly Report and explained the telecommunications fund had not paid towards the debt service due to timing of construction on projects or work on projects approved in the budget document As of this time, no monies were transferred. City Administrator Dave Kanner- added they budgeted on the telecommunications fund on the assumption they would change the AFN rate structure effective January 1, 2016 and anticipated lower revenues in the first quarter than in the subsequent three quarters reflected in the financial report. The new rate Structure should increase cash flow in AFN. Mr. Tuneberg addressed accessing the contingency funds and explained normally there was not a need to transfer from a contingency fund until later in the budget period. Managernent Analyst Adam Hanks addressed the Climate and Energy Action Plan consultant services contract and explained the budget for the project with Cascadia was $120,000. The bid came in at $129,000. The plan was pay the $9,000 out of energy conservation finds. Councilor Rosenthal/Morris m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Continued discussion of water rate options Public Works Director Mike Faught introduced Catherine Hansford of Hansford Economic Consulting (HEC) who provided a presentation on water cost of service and rates that included: Purpose of the Study • Make sure sufficient there was money to operate the water system • Make sure that allocated costs were allocated equitably for all customer classes • Establish an appropriate rate schedule through 2022 • Provide incentive for water conservation • Not a Water Master Plan Update Ms. Hansford provided follow-up from the council discussion at the November 16, 2015 Study Session on the draft study. The following are points made from the power point presentation that is included with the agenda packet. Proposed Changes • Flat Charges - Costs allocated to a Customer Charge (per account) & Service Charge (per meter) Goal is only one charge on bill: 2015 2016 Use Charges: $28.22 $28.87 Service Charge: $23.50 $25.44 ($13.75 Service & $11.74 Customer) City Council Business Meeting February 16, 2016 Page 4 of 10 Potable Water System - First Year (2016) impacts: • Residential - 5% increase in bills • Institutional - most bills decrease • Commercial - bills for smaller meters decrease; larger bills for large meters • Irrigation - increase during summer and winter if no usage Changes to the Nov. 10, 2015 Draft Study - Per Council direction (Nov 16 study session) • Re-allocation of costs from the non-potable (TID) system to the potable system and having a $250 per acre cap for Unmetered TID customers • Clarify who Municipal customers are • Compare Residential potable water and non-potable water (TID) typical annual bills • Demonstrate impact of rate changes on large water users • Define what is included in the base rates and examine the impact of not adopting the proposed new customer charge City staff changes • Revision of SRF loan terms and removal of $1.375 million of CIP from the 2022 timefi•ame TID Cost of Service Current Rates (2015) • Um»etered 5170.01 per acre • Metered 50.0055 per cu. Ft. Calculated Rates (2015) • Unmetered $202.97 per acre • Metered $0.0022 per cu. ft. Proposed Rates (2016) • Unmetered $183.11 per acre • Metered $0.0022 per cu. ft. Rates would gradually increase from $170.01 to $248.59 Fiscal Year 2-021-22. Non-Potable Water Cost Share - FY 2015/16 Cost Since Nov. Draft Study - Shifted $90,490 to the potable water system City Maintenance Costs - Total Cost: 541,174 TID Share: 73% TID Cost: 530,070 Clarification of Municipal Customer • Governmental users of the potable water system (included in the Institutional customer category). • Previously the term was used to describe both the governmental users and all city potable water users leading the reader to erroneously conclude that Municipal referred only to City water accounts. Impacts to Lame Water Users - Annual Bill Current Rates New Rates Difference % Change • City Parks $190,200 $225,800 $35,600 19% • SOU $289,500 $261,700 -$12,900 4% • School Dist. $124,500 $147,600 $23,100 19% • Large Commercial $54,200 $62,700 $8,500 16% Base Rate Structure • More equitable (true to cost-of-service) to allocate customer costs to each account regardless of number of meters. These costs are a function of number of customers, not potential to use the water City Council Business Meeting February 16, 2016 Page 5 of 10 system. • More equitable to allocate the meters and services & capacity costs per meter (by meter size) because the water system is sized to meet potential demand from the meters/services. • Goal would be to combine the two charges into one base charge on customer bills • If all base costs were allocated by meter size (as current), larger customers with several meters would see an even larger increase in water bills. The base rate paid for a portion of the operational costs. The capacity piece was split between base and usage. Water rates covered usage. They allocated every line item into a customer charge, capacity charge and a usage charge. Proposed rates would come to Council in May or early .lone. The City received a 1% loan for the emergency Talent Ashland Phoenix (TAP) Intertie instead of other projects. IFA staff was able to secure 2.14% on a larger loan for the water plant that would include $750,000 in loan forgiveness. NEW AND MISCELLANEOUS BUSINESS 1. Recommendation from the Public Art Commission for Ashland entry signs Management Analyst Ann Seltzer explained entry signs were one of the projects recommended by the Downtown Beautification Committee and approved by Council. The Oregon Department of Transportation (ODOT) had tentatively approved the design concept and was waiting for final approval and construction drawings. Power was available for the sign at the north entrance to town by the railroad trestle. The Electric Department estimated it would cost approximately $2,000 to pull conduit, purchase, and install light fixtures at that location. There was power near the southern sign location of Tolman Creek Road and at the Exit 14 location but would require some work and more resources. The approved budget for the project was $24,000 and did not include the lighting. Margaret Carrington, chair of the Public Art Commission (PAC) explained the Commission worked with the designer and two members of the Downtown Beautification Committee to develop a sign concept. She described the process the Commission used that resulted in selecting Eric Warren, the creative director with Rogue Design Group. Chair Garrington went on to explain the process involved designing the signs that were displayed for public comment during the February 5, 2016 First Friday Artwalk at the Ashland Art Center. They also had design images posted on the City website. There was not enough money in the budget for lighting. Mr. Warren added that the PAC requested the signs be creative, unique, quirky, playful, artful, contemporary, sculptural, well crafted, and communicate a sense of place. The Commission unanimously chose the graphic designs before Council. He described the signs and specified the criteria the designs met. They would bolt the letters on the sign through steel with reinforced gaskets. Removing the letters would be difficult. The mixed use of font met the criteria for fun, quirky and contemporary. Some people would see the font as inaccurate, crazy, and unbalanced. One of the options lie presented was in all capital letters but the group rejected it as too corporate. Ms. Seltzer addressed whether the signage should match the City of Ashland's logo. That was the logo for Ashland city government and inappropriate to use it to represent the community. Chair Garrington further explained why the group decided against adding the word "Welcome" to the signs. They wanted the signs to announce to the viewer they had arrived. Alternately, the word "Welcome" was outdated in terms of current signage. Ms. Seltzer added the group thought it was important the signage designated Ashland for the people who lived here and visitors. The signs would range from 5-feet to 7-feet tall. George Kramer/386 Laurel Street/Sent a letter to Council regarding the design. He hoped Council had read the 70 plus comments from people that attended the one general public meeting on the signs. All of whom talked about the serial killer font and their concern from teachers how it made the community seem illiterate. Entry or Welcome signs were geared for tourists because tourism was paying for the signs. He referred to issues he had with the Gateway art project process and noted he had the same issues with the entry signs. He thought the public arts program excluded the public. The public did not provide feedback on the final designs and thought the public should have had ten or twenty variations to consider. Council needed to fix this. Public input should have occurred City Council Business Meeting February 16, 2016 Page 6 of 10 before it reached Council. Councilor Rosenthal asked Mr. Kramer if he had the opportunity to attend any of the public meetings associated with the entry signs. Mr. Kramer explained he was unable to attend a meeting at 8:30 a.m. on a Friday. He first heard about the entry signs when it was announced in the paper. He missed the First Friday Artwalk viewing. If lie were in charge of fixing the situation, he would direct the Public Arts Commission to do a better job of public engagement before they made a decision between a few choices. He would also have an evening meeting. Councilor Lemhouse/Seffinger m/s to approve recommendation of the Public Arts Commission for the entry signs to Ashland. DISCUSSION: Councilor Lemhouse thanked the Public Arts Commission for their efforts on the project and Mr. Warren for his design concept. He understood the comments made by Mr. Kramer but thought every meeting was public and publicized. Councilor Seffinger commended the PAC and Mr. Warren. The signs combined a sense of place and history with the materials used as well as a contemporary look. She would like to see lighting on all three signs. Councilor Marsh/Seffinger m/s to amend motion to allocate $5,000 from unallocated TOT money to provide lighting to two of the approved signs. DISCUSSION: Councilor Marsh liked the signs and thought they would make a great impression on people coming into Ashland. Councilor Rosenthal agreed with Councilor Marsh. Councilor Morris noted lighting added another layer of maintenance and wanted a lighting system that lit the signs well and was durable. He was not sure if $5,000 was enough. Ms. Seltzer clarified she was working with the Flectric Department on lighting fixtures that would work, and required low maintenance. Councilor Voisin thought lighting should have been included in the original costs and would not approve additional funds for the signs. Roll Call Vote: Councilor Seffinger, Marsh, Lemhouse, Morris, and Rosenthal, YES; Councilor Voisin, NO. Motion passed 5-1. Continued discussion on amended motion: Councilor Rosenthal thanked the Public Arts Commission on the execution of the public art acquisition policy. He knew it was not popular with everyone but they had followed the instruction manual, had five public meetings, and people could have provided the Commission with input about the project on many occasions. Councilor Voisin commented there was more than one person concerned about the public arts process and she would not support the proposal until there were changes to that process. She had received many emails regarding the font on the signs from people upset with the lettering. She did not like the lettering and thought it sent the wrong message. She did not understand what arrival meant versus welcome. She would not support the motion. Councilor Rosenthal raised a point of clarification and asked how many emails Councilor Voisin had received from people complaining about the lettering. Councilor Voisin thought 20-25 emails and four phone calls. Councilor Rosenthal had not received any emails regarding the lettering. Councilor Lemhouse asked Councilor Voisin to forward the emails to Council. Councilor Seffinger spoke to several people from various areas in Ashland who enjoyed the quirkiness and how it reflected parts of Ashland. Councilor Morris thought the signs fit well. His concern with the lettering was that lie hoped it was stainless steel and not aluminum. The other concern was the size and placement for the sign by Belleview School. He liked the design of the signs and the materials used. He would support the motion. Mr. Warren clarified the models were not to scale. Councilor Lemhouse explained the PAC had met at the times they were allocated to meet, 8:30 a.m. on Fridays once a month. These meetings were noticed and open to the public. The PAC went out of their way to engage the public during the First Friday Artwalk and used their own time for that event. He did not care for the typography but there were 20,000 people in town and he was trying to honor and respect the people on the Commission and their expertise. He felt that the entire package was best for Ashland. Mayor Stromberg thought the PAC did a great job and liked the result. Roll Call Vote on amended motion: Councilor Seffinger, Marsh, Lemhouse, Morris, and Rosenthal, YES, Councilor Voisin, NO. Motion passed 5-1. Ms. Seltzer added they were hoping to have the signs built and installed by May. 2. Council initiation of a zone change from R-2 (low-density multi-family) to C-1 (commercial) for the City Council Business Meeting February 16, 2016 Page 7 of 10 property located at 150 Pioneer Street Mayor Stromberg had talked with Mr. Potocki who had a City parking lot built next to his R-2 zone property. The Planning Director at that time said the City would rezone his property as C-1. Twenty years had passed and nothing had happened. If Council approved this change, it would go to the Planning Commission for their recommendation. Community Development Director Bill Molnar explained there was always a chance of issues rezoning a property but did not think there were any negative ramifications regarding 150 Pioneer Street. He recommended C-1 zoning because that was the adjacent commercial zoning and thought the property would be conforming. Councilor Rosenthal asked if this was an appropriate time to consider changing the zoning for Pioneer Hall and the Community Center. Mr. Molnar responded staff could evaluate the properties. Councilor Voisin raised a point of order and questioned why Council was discussing two properties not on the agenda. Mayor Stromberg explained Councilor Rosenthal was considering making an amendment to add the Winburn Way properties to the proposal since they all pertained to zone changes to C-1. Councilor Voisin/Morris m/s to approve the initiation of a Type III planning action, zone change, for the property located at 150 Pioneer Street and direct Community Development staff to complete, file and process the land use application. DISCUSSION: Councilor Voisin thanked the Mayor- for bringing the issue forward. The request was a win-win for the City and Mr. Potocki. Councilor Morris also thought it was a good idea that should have occurred years before. Staff should evaluate the Winbiu-n properties separately. Councilor Marsh supported the motion. Rohl Call Vote: Councilor Morris, Rosenthal, Marsh, Lemhouse, Seffinger, and Voisin, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance establishing a tax on the sale of marijuana and marijuana-infused products in the City of Ashland and referring said tax to the voters of Ashland in the November 8, 2016 general election" Councilor Marsh/Lemhouse m/s to approve Ordinance #3121. DISCUSSION: Councilor Marsh explained the state was allowing a 3% tax and it should go before the voters. Councilor Voisin raised a point of clarification on when the state tax began, how it was reduced and when the City's tax would begin. City Administrator Dave Kanner explained the state had a current tax of 25% on the sales of recreational marijuana. The tax did not apply to medical marijuana. The tax would reduce to 17% January 1, 2017. If the voters enacted a 3% tax, it would be applied to the 17% state tax, not on top of the 25% tax. Roll Call Vote: Councilor Voisin, Marsh, Lemhouse, Morris, Seffinger, and Rosenthal, YES. Motion passed. 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 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. City Attorney Dave Lohman explained the ordinance was a "housekeeping" measure that would consolidate separate ordinances on parking regulations, restricted parking areas, abandoned, stored, or impounded vehicles into one ordinance easier to understand and enforce. Changes included clarifying the Council had the authority to set presumptive fines for parking violations by resolution. He noted a correction to page 2 of the Council Communication, first paragraph. The Council would also set penalties along with the presumptive fines set by resolution. Another change concerned vehicles with their engines left running. The old ordinance allowed trucks under 12,000 gross vehicle weight and buses with the carrying capacity of 15 passengers or less to have an exemption that was currently no longer- necessary. Page 18 of 21 discussed the penalties for parking violations would read that a presumptive fine for a parking violation under this section would be imposed unless the court found reasonable grounds for increasing or reducing the fine. Also on page 18, the point of multiple penalties unpaid could result in booting or towing. In the past, the limit was $250 and was now $150. City Council Business Meeting February 16, 2016 Page 8 of 10 Mr. Lohman would research the language in 11.26.050 Abandoned Vehicles regarding abandoned vehicles on public or private property and the definition of abandoned vehicles. He clarified 11.26.090 Buses or Taxis provided taxies an exemption from the general rule. If the City had a taxi stand, they could park there for an indefinite period. The City no longer had taxi stands and this was an empty exemption. A taxi could not park in a commercial area unless they were picking up or dropping off passengers. The language implied a taxi could park in a residential area while waiting for calls. In 11.26.120 Penalties, Immobilizers Installation, Towing, Warning Letter, Show cause, and Warrants (2)(c) mailing a notice by certified mail was an alternative for notification. In the event the address was a post office box or no one was present to sign, the City could post notice directly on the vehicle. Deputy Chief Warren Hensman explained the Police Department did experience some obstruction issues described in 11.26.040 Obstructing Enforcement but not an abundance. Administrative Services/Finance Director Lee Tuneberg added it was not an issue with the Diamond Parking attendants either. People who threw out their tickets or did not respond received a letter and the fine increased. Councilor Lemhouse/Marsh m/s to approve first reading by title only of an ordinance titled, "An Ordinance Amending Chapters 10.68.400 and 11.08 and Replacing Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 with New Chapter 11.26 to Update and Unify Parking Regulations and to Authorize City Council to Establish Presumptive Parking Violation Fines by Resolution with the changes proposed tonight prior to second reading and move the ordinance on to second reading. DISCUSSION: Councilor- Lerhouse appreciated the effort that went into streamlining the ordinances into one. Councilor Marsh agreed. Councilor Voisin/Rosenthal m/s to amend 11.26.040 Obstructing Enforcement and add "(3) No one persons shall intentionally act in a manner that prevents or attempts to prevent a person from officially performing lawful duties to enforce provisions under AMC Chapter 11.26 or refuse to obey a lawful order of such official person enforcing provisions under AMC Chapter 11.26." DISCUSSION: Councilor Voisin heard that students issuing tickets had experienced rough treatment in terms of language and threatening behavior. Enforcement would consist of the individual encountering the behavior to call the police or their Diamond Parking supervisor who would issue a verbal warning. Councilor Lemhouse thought the amendment was problematic. People had the right to say whatever they wanted for the most part and used previous discussions regarding behavior downtown. He questioned legality and enforcement. Mr. Lohman clarified the language in the amendment referred to acting in a manner- that prevented or attempted to prevent the official from performing their- lawful duties. Councilor Lemhouse noted Councilor Voisin spoke to language as the issue. Mr. Lohman explained that aggressive language did not fall within the terms of the proposed amendment. Councilor Voisin further clarified the students were encountering aggressive behavior- that prevented them from doing their job. Councilor Lemhouse thought the amendment required further discussion. Roll Call Vote: Councilor Seffinger, Voisin, Rosenthal, YES; Councilor Lemhouse, Marsh, and Morris, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Lemhouse raised a point of clarification. He had a concern that the amendment gave someone who was not a sworn officer the ability to give a lawful order to another and that a citizen could be charged with disobeying the lawful order of a non-sworn person. Continued discussion on amended motion: Councilor Morris would not support the motion as amended. Councilor Lemhouse would not support the motion as amended either. The amendment treated a civilian as a law enforcement officer and stated another civilian with ambiguous language could be guilty of obstructing them. The justification for the amendment seemed based on hearsay and invalidated the entire ordinance. Mr. Lohman clarified that he had provided the proposed language to Councilor Voisin. The language came from a statute concerning police officers and this was an error on staff's part not Councilor Voisin. Councilor Lemhouse raised a point of clarification and wanted to know why Council was not informed of the amendment prior to the City Council Business Meeting February 16, 2016 Page 9 of 10 meeting so they had time to consider the language and intent. Mr. Lohman responded he had worked on the proposed language earlier- in the afternoon and had only shared it with Councilor Voisin moments before the meeting began. He agreed with Councilor LernhoUSe that the last clause that referred to obeying a lawful order of such official person did not belong in the amendment. Councilor Marsh commented Council could make changes at second reading. She would support the motion. When it came back, Council would discuss this particular- language in the amendment. Roll Call Vote amended motion: Councilor Seffinger, Voisin, Rosenthal, and Marsh, YES; Councilor Lemhouse and Morris, NO. Motion passed 4-2. 3. Approval of a resolution titled, "A resolution of the City Council establishing a fee for appeals of administrative decisions." City Administrator Dave Kanner explained the resolution came from a Council discussion in January 2015 about potential code updates. The code had a $150 fee for anyone wanting to appeal an administrative decision. The fee created an unreasonable barrier- to someone wanting to pursue a redress of grievances. The code did contain language regarding appeal fees that suggested the fee may be adjusted by resolution of Council. Staff would look into updating the code later and wanted to address the appeal fee via resolution. The resolution would drop the appeal fee to zero if the appeal was made directly to the City Administrator and the appellant waived their right to a written or mechanical record of the appeal hearing. If they appealed to the City Administrator and wanted the mechanical or written record, the fee would be $50. The code would also provide for hearings to be heard by a hearings officer other than the City Administrator by an outside party not affiliated with the City and hired by the City attorney. In that case, the fee would be $150 or actual costs. Appeals were rare. Most of them were resolved informally without moving to a formal process. Mr. Kanner thought a person could record a hearing themselves and create their own mechanical record. He addressed the first bullet under Section 1 regarding the $50 fee for an appeal heard by the City Administrator or an outside party not affiliated by the City. The circumstances where the City would request an outside party were limited. One would be a situation where the City Administrator had a personal conflict of interest. The City would want a written or mechanical record if an outside party heard the appeal. It also limited the potential of frivolous appeals that cost the City money to process. If an appellant lost an appeal, they paid the full cost. Mr. Kanner would find out if the City waived the appeal fee if an appellant prevailed. City Recorder Barbara Christensen explained appeals initially came through her office and she arranged the appeal process with the City Administrator. The most recent appeals were difficult for the appellant to pay the fee. Currently, the code specified the $150 fee was non-refundable. Council was not comfortable charging an appellant in a situation where the City requested an outside hearings officer due to a conflict of interest with the City Administrator. Staff would work on the language and bring the resolution back to a future Council meeting. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse thanked the volunteers that helped search for community member Todd Ragsdale who unfortunately lost his life in the Ashland Watershed. It was a tragic and untimely loss. The outpouring of support from the community to assist the search was impressive and moving. It was inspiring to see the community come together in such a way. Councilor Lemhouse expressed condolences to the family and wished his best for them. Councilor Voisin announced February 23, 2016 the sixth free vet clinic would occur in the Methodist Church parking lot from 2:30 p.in. to 4:30 p.m. City Administrator Dave Kanner distributed the Look Ahead. discussed items with Council, and noted a Budget Committee meeting would occur that week. Councilor Seffinger added the search for Mr. Ragsdale prompted the Forestlands Commission to develop cohesive names for all of the trails. City Council Business Meeting February 16, 2016 Page 10 of 10 Councilor Lemllouse requested a Study Session agenda item of a report on how the winter shelter worked this year and wanted to include the Parks Department in the discussion. Councilor Rosenthal requested the Study Session item for the April 4, 2016 meeting move to the Council meeting the following night. Councilor Voisin would send a concern she had to Mr. Kanner that she did not want to discuss in public. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:22 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Minutes for the Conservation Commission January 27, 2016 Page I of 4 MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, January 27, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Commissioner Marni Koopman called the meeting to order at 6:01 p.m. in the Siskiyou Room. Commissioners Cara Cruickshank, Risa Buck, James McGinnis, Mark Weir, and Shel Silverberg, were present. Staff member Adam Hanks and Councilor Rich Rosenthal were present. Commissioners Roxane Beigel-Coryell and Bryan Sohl were absent. 2. Consent Agenda Buck/Weir m/s to approve the minutes of December 16, 2015 as presented. Voice Vote: All Ayes. Motion Passes. 3. Announcements The neat commission meeting will be February 24, 2016. The Earth Bowl subcommittee has no meeting set at this time, but they have been working to get teachers on-board in order to recruit student participants. The neat Conservation Classes subcommittee meeting will be February 11, from 2:00 - 3:00 p.m. in the Siskiyou Room. Koopman stated that there will be an Eco Summit on February 19, 20, and 21 at the historic Ashland Armory. Check their website for more information. Group discussed whether there was an opportunity to use the event for furthering their work but felt it was too short a notice. 4. Public Forum Jeff Sharpe - stated that he was glad the RFP process for the Climate & Energy Action Plan had lots of people involved. It helped him be more comfortable with the outcome and hopes that it also helps to get more people involved in the overall process. He hopes a good plan is created and not one which just sits on a shelf. His company is happy to assist with any connection to K- 12 students. He is part of a group that is pushing forward with an Imperatrice property solar proposal. He described the proposal they are working on and stated that he hopes to be able to present the final idea to the commission and the Climate & Energy Action Plan ad hoc Committee so they can make an informed decision. Deb Evans - stated that she is here tonight to ask for support for legislation being put forth this session regarding carbon pricing. She stated that we are currently not on-target to hit previous emissions reduction goals, and that something, "with more teeth" is needed. The proposed legislation gives more directives, rather than relying merely on DEQ to develop policy. She gave additional details and passed around a handout regarding the legislation. Group asked her to stay so they could ask questions. Huelz Gutchen - stated that there were 196 countries at the recent Paris summit, who now agree that solar, windmills, LED lights, etc. work to reduce carbons. Their agreements have led to lots of discussions as to what to do next. He showed the group a carbon dioxide monitor and stated that he will monitor carbon they produce during the meeting. He stated that it's been proven that Minutes for the Conservation Commission January 27, 2016 Page 2 of '4 trees eat carbon and explained how he monitors the difference between before and after the wind blows through the forest area. 5. Healthy Climate Bill Deb Evans joined the group, stated that the legislative session starts February 1, 2016 which means they are on a quick timeframe. This bill, SB 1574, is currently in committee. The group she represents is happy with this version, which mostly is only different from last year's bill in that it defines the funds to be created, has funds geographically distributed rather than distributed based on population, and some funds must go back to offset costs for low income families and to programs which help lower the carbon footprint of high producers. Group discussed what the timing of the bill is and what Deb is requesting of the commission. Weir/Silverberg m/s to encourage the City Council, Mayor, and Director of the Electric Utility Department to send Sen. Bates, Rep. Buckley, Senator Edwards & Senate President Courtney a letter of support for SB1574. Discussion: McGinnis stated he is concerned that the group has not been able to do enough research on the differences between what they supported last year and this new bill. He is concerned about losing their hard-won credibility with the City Council. Weir stated that the substantive changes are limited to defining where funds go and the timing of implementation. He believes that the changes are minor and as the group supported this legislation in the past they should support it again. Cruickshank is supportive of this effort and understands that this is speed at which the legislative processes work. She feels it is more important to do something rather than waiting and possibly doing nothing. Koopman stated that she trusts the opinions of the groups who are in support of the bill. Voice Vote: All Ayes. Motion Passes. 6. Reports/ Presentations/ Updates Downtown Recycling- Hanks stated city staff fabricated connectors and he is now just waiting on final messaging. They will post the signage on laminated cardstock, until such time as the group feels the messaging is 100% correct. Buck stated they were approached by a master recycler who has agreed to oversee the project/ act as ambassador to the businesses who are handling the daily work. Council Update - Councilor Rosenthal apologized for missing the last meeting. He gave an overview of upcoming agenda topics, including the plastic bag ban one-year review and the downtown smoking ban ordinance. City Conservation and Operations - Hanks stated the city held a solar workshop last weekend. About 70-75 people were in attendance. They are planning other workshops on a variety of topics. The City also held a defensive driving training class for city employees and he asked the presenter to incorporate efficient driving in the training. It went so well the presenter has decided to make that a regular part of his presentations. Hanks stated there have been challenges with some new construction energy programs, which are now being re-worked to get better buy-in from builders. Once it's completed, he hopes it will be added to the City's land use ordinance. 7. Old Business Sneak Preview Column - Buck/Weir m/s to approve the Natural Yard Care article as written by Cruickshank. Voice Vote: All Ayes. Motion Passes. Minutes for the Conservation Commission January 27. 2016 Page 3 of 4 Group discussed the possibility that the Earth Bowl will not occur this year. If that is the case, Koopman agreed to write an article regarding the Climate Challenge. Climate & Energy Action Plan - Rosenthal stated that the next meeting with be next Wednesday, February 3. He stated that the RFP process went well. It involved lots of non-staff participation, which isn't typical but as the hiring of the contractor is a key part of the process including committee members made sense. McGinnis agreed and stated he found the process engaging and helpful for the group to fully understand all the options. Hanks stated the notice of intent to award was released last Thursday, which means the appeal period ends on Friday. He will then begin the process of negotiating contract details. He stated that at the last meeting they had a greenhouse gas inventory 10l presentation, which should be helpful for their February 17 meeting, when the final inventory is presented. Group discussed why forestry and agriculture were not included in the greenhouse gas inventory request. This was mostly because the scope was limited to those things which the City has regulatory control over (i.e. those things within city limits). Rosenthal stated that if the ad hoc committee feels it is important, they can request an updated, expanded inventory be done at a later date. He reminded the group that the inventory and the plan are both starting points, expansion or changes in direction are always possibilities in the future. Solar Park Resolution Proposal - Hanks stated that as a follow up to last month's decision, he wrote a memo (included in the packet) to be submitted to the Climate and Energy Action Plan ad hoc Committee, formally requesting they add a discussion of this to their process. Bag Ban Review - Hanks informed the group that due to other more time sensitive items, this was moved to the February 2 Council meeting. There were 49 on-forum responses on Open City Hall, most of which were pro-ordinance. The grocers who gave feedback all had substantial reductions in paper bag use. Group discussed whether they want to propose any changes to Council. They agreed to stick to their decision from last meeting to request more code compliance on those not following the ordinance rather than increase the fee at this time. 8. New Business R V Earth Day - Group asked Paige Prewett to join them. She gave some history of the event and explained how this year's event will be connected to Geos' on-going Climate Challenge. She discussed previous funding sources and requested that the group consider sponsoring the event as well. Ms. Prewett left the meeting so the group could discuss her request. Hanks stated that the Conservation Division is already planning on funding the event, but if the group wants to give additional hinds, that is their choice. He knows that energy conservation will be giving $1,000 and assumes that water conservation may contribute as well. Weir reminded the group that six months ago he requested $900 be set aside for the Earth Bowl, which means only $100 of their budget is available. He stated that the Earth Bowl was a more successful way to engage the community last year and would prefer that the commission focus on that event. Silverberg agreed that the Earth Bowl is important but believes that the group can raise funds to offset some of the Earth Bowl costs. Koopman stated she would like to see Earth Minutes for the Conservation Commission January 27. 2016 Page 4 of 4 Bowl and Earth Day more closely linked and would like to see at least $500 given to Earth Day. Buck stated that support from the city for Earth Day seems important, but reminded the group that the entire reason they created the Earth Bowl was due to frustration with the Earth Day event. She feels that the commission would be going backward if they were to try and financially support the Earth Day event. Cruickshank stated she would like to see the group give $500 in support. McGinnis stated that he likes the synergy of connecting Earth Bowl and Earth Day and would like to see equal financial support for both (i.e. if we have $1060 in the budget, $530 Should go to each group). McGinnis/Koopman m/s to give $530 to both Earth Day and Earth Bowl. Discussion: Silverberg stated that lie would be comfortable with giving $250 to Earth Day but without at least $800 for Earth Bowl the event will not be successful. Voice Vote: 2 Ayes, 4 Nays, Motion Fails. Silverberg/Buck m/s to spend $200 on Earth Day. Discussion: Cruickshank stated that this doesn't seem to be high enough, the value of connecting the Climate & Energy Action Plan and the Climate Challenge to the Earth Day event seems like it should be higher. Weir stated that having participated in the Earth Day event in the past., he doesn't think it has much value for either the commission or the ad hoc committee. Voice Vote: 2 Ayes, 4 Nays. Motion Fails. Group agreed to continue this discussion at the next meeting. 9. Wrap Up Group had no additional requests for the next agenda. Meeting adjourned at 8:00 p.m. Respectfully submitted, Diana Shiplet Executive Assistant CITY OF -AS H LA N D Council Communication March 1, 2016, Business Meeting Appointment to Public Arts Commission FROM: Barbara Christensen, City Recorder, christeb~~ashland.o-.us SUMMARY Confirm Mayor's appointment of Robert Block-Brown 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. COUNCIL GOALS SUPPORTED: Ashland Municipal Code (AMC) Chapter 2.13 FISCAL IMPLICATIONS: n/a STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Robert Block-Brown to the Public Arts Commission with a term to expire April 30, 2016. SUGGESTED MOTION: Motion to approve Robert Block-Brown to the Public Arts Commission with a term to expire April 30, 2016. ATTACHMENTS: Application Page I of 1 ELIO CITY OF ASH L D APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder ~ City Hall, 20 E Main Street, or email christeb gashland.or.us. If you have any question§,., please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Robert Block-Brown Requesting to serve on: Public Arts Commission (Commission/Committee) Address 50 Pine Street, Ashland _ 503-347-9846 Occupation Artist, Retired Education Administrator Phone: Home Work Email rlindleybb@hotmail.com Fax 1. Education Background Otis College of Art and Design; California What schools have you attended? State University Sacramento and San Jose What degrees do you hold? B.F.A and M.F.A. with post graduate work What additional training or education have you had that would apply to this position? Workshops and seminars in: legislative analysis and development negotiation and arbitration, leadership development, development and installation of public art. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 37 years in education, educational leadership and management Professional artist. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Education is a life-long and life-giving experience. Attending quality training is an opplLllll or}~ ~n'tV for growth and development to become more, AfF tNe ),1 u~ ~ ~s 3. Interests Why are you applying for this position? I believe citizen participation is a shared responsibility. I want to do my part to ensure we expand and enhance public art in a thoughtful process. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I am available for special meetings. I prefer day meetings, but I am flexible. 5. Additional Information How long have you lived in this community? Since June 2015 _ Please use the space below to summarize any additional qualifications you have for this position See attached vita. 01/04/2015 Date Signature ~r, ROBERT BLOCK-BROWN 50 Pine Street Ashland, OR 97520 503-347-9846 rlindleybb@hotmail.com AREAS OF COMPETENCE AND ACCOMPLISHMENT Instructional and Professional Development Leadership • As Visual Arts Instructor, designed and implemented standards-based arts curriculum using museum collections and community art as a resource • As Visual Arts Instructor, designed and implemented model program integrating visual arts and mathematics curriculum • As member of district's Visual and Performing Arts Curriculum Team, collaborated in the development of district's Visual Arts curriculum • As Assistant Superintendent for Curriculum and Instruction, led district's curriculum and professional development process • As district's Deputy Superintendent, led arts curriculum development team at Standard- based Instruction from Works of Art and Visual Arts Curriculum Development Institute (California Consultancy for Arts Education - 2003) Visual Arts Expertise • Selected to participate in various competitive and invitational art exhibitions, including National Drawing Exhibition (San Francisco Museum of Art, 1970) and Sacramento Art Foundry Gallery (Sacramento, CA, 2001) • Practicing artist in various media including drawing, and sculpture • Studied with Alan Osborne, Sculptor, at Sacramento Art Foundry (2001-2002) • Recipient of undergraduate and graduate degrees in Visual Art Collaboration and Partnership Development • Facilitated collaboration with National Center on Education and the Economy to develop and implement district curriculum aligned to California state standards and frameworks • Collaborated with local Private Industry Council to implement employability skills curriculum • Member of California Youth Authority's Arts in Corrections Advisory Board • Liaison between district and community college for purposes of course scheduling, student matriculation, and instructor supervision • Represented the district with U.S. Department of Education, California Department of Education, Office of Civil Rights, partner school districts, county offices of education, state and local agencies, community advocacy groups and parent groups Fiscal Management • Managed policy decisions related to district personnel costs • Approved district discretionary funds expenditures • Led development and ultimate management of district's supplemental grants such as No Child Left Behind, Special Education, Adult Education and Family Literacy, and Carl Perkins EDUCATION 1989 CALIFORNIA STATE UNIVERSITY - SACRAMENTO Education Administration 1985 CALIFORNIA STATE UNIVERSITY - SAN JOSE Education Administration 1970 OTIS COLLEGE OF ART AND DESIGN - LOS ANGELES B.F.A., and M.F.A., Fine Arts- Drawing and Design VOLUNTEER EXPERIENCE 2012-2015 City of Portland, Pearl District Neighborhood Association, Planning and Transportation Committee: Member 2012-2015 Museum of Contemporary Craft: Volunteer 2005-2009 Sisters of the Road: Volunteer, Board member and Board Chair WORK EXPERIENCE PRACTICING ARTIST 1970-2016 Mindful Creations FOUR SEASONS FLAVOR, LLC (Farm-to-Table Catering) 2007-2011 Business Manager and Sous-Chef CALIFORNIA DEPARTMENT OF THE YOUTH AUTHORITY, CALIFORNIA EDUCATION AUTHORITY 2004-2010 Education Consultant 1997-2004 Deputy Superintendent 1988-1997 Assistant Superintendent for Curriculum and Instruction 1987-1988 Education Administrator, Special Programs 1986-1987 Principal, Karl Holton High School 1981-1983 College Program Coordinator, Karl Holton Off-Campus Center 1970-1984 Teacher, Fine Arts, Karl Holton High School CALIFORNIA DEPARTMENT OF CORRECTIONS 1984-1986 Assistant Principal, Correctional Training Facility SAN JOAQUIN DELTA COLLEGE 1979-1983 Instructor, Fine Arts, Karl Holton Off-Campus Center We C%%~ \ ~ Cr~Q t✓WG)~ a Cj G~ ~J~ _ ~ ~G{j -d o R ~ o a-` rr~S o 7 PROCLAMATION • In 1911, International Women's Day was honored the first time in Austria, 7Denmark Germany and Switzerland.a j • March s is celebrated across the world as International Women's Day and provides an opportunity to recognize the achievements of women and their contribution to society. P We recognize that women have played an extraordinary role in Ashland's history and continue to be a source of strength and leadership in our city. On this day, women can celebrate the progress that has been made but also , contemplate those areas of women's lives where more can be done. Women's access to education, health care and paid labor has improved, and legislation that promises equal opportunities for women and respect for their human rights has been adopted in many countries. • However, nowhere in the world can womet'i claim to have all the same rights ➢l~~ and opportunities as men and until we all work to ether to secure the rights ~ g j, and full potential of women, lasting solutions to social, economic and political problems are unlikely to be found. oo • We need to see changes that transform relationships between women and men so woman will be able to take greater financial, political and physical control of their lives. International Women's Da addresses the social economic and political E 1 s barriers still facing women and girls while celebrating their achievements and ti u the progress that have been made in support of women's equality. C NOW THEREF ORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim March 8, 2016 as: _ \\I ~r7~~a~ tl i{ Y A v I International Women's Day , ~ . Dated this 1 st day of March, 20 l 6 a John Stromberg, Mayor ~1ff~ Barbara Christensen, City Recorder 7 . 5 70, iiL 1; li V o% :r'-`''' a'-\~ "'',4~'l!~ \1Y1✓~ r`r;F„"~ w- CITY OF ASHLAND Council Communication March 1, 2016, Business Meeting Appointment to Climate and Energy Action Plan ad hoc Committee FROM: Diana Shiplet, Executive Assistant, City Administration, diana.shiplet@ashland.or.us SUMMARY At the August 18, 2015, business meeting, Council approved the formation of the Climate and Energy Action Plan ad hoc Committee and appointed its first five members. Since then, Mayor Stromberg has appointed three additional members to the committee. Mayor Stromberg is now requesting Council confirmation of the appointment of Marni Koopman to the committee. BACKGROUND AND POLICY IMPLICATIONS: At the March 16, 2015, Council study session, the Conservation Commission, through its Climate/Energy sub-committee. presented a plan framework for a community climate action and energy plan. Consistent with that framework, the Commission presented a request to Council at the June 2, 2015, Council meeting to establish an ad-hoc committee to oversee the planning, development and public process associated with the community Climate and Energy Action Plan. The Committee has begun its work, with the understanding that additional members will likely be added as the process begins to take shape and specific roles and responsibilities are identified. COUNCIL GOALS SUPPORTED: 22. Prepare for the impact of climate change on the community. 22.1 Develop and implement a community climate change and energy plan FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to accept Mayor Stromberg's appointment of Marni Koopman to the Climate and Energy Action Plan ad hoc Committee. ATTACHMENTS: None Page 1 of 1 11Fr CITY OF -ASHLAND Council Communication March 1, 2016, Business Meeting Approval of a public contract exceeding $100,000 for four (4) Chevrolet Colorado pickup trucks for use by Ashland Parks & Recreation FROM Bruce Dickens, Parks Superintendent, bruce.dickens@ashland.or.us Wes Hoadley, Fleet Safety Supervisor, wes.hoadleyAashland.or.us SUMMARY The Park's intent is to award a public contract to Suburban Auto Group for four (4) Chevrolet Colorado pickup trucks for use by Ashland Parks & Recreation. The cost per vehicle is $27,144.00 and the total cost for all four (4) vehicles, including delivery to the City of Ashland, is $108,576.00. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method used for this procurement is a Cooperative Procurement. Bids were requested from three (3) dealerships under contract with the State of Oregon for Chevrolet pickup trucks. The lowest bid was received from Suburban Chevrolet. State of Oregon Dealership Price/Each Total Amount Contract # 5556 Bruce Chevrolet $27,523.00 $110,092.00 5555 Hubbard Chevrolet $27,165.65 $108,662.00 5557 Suburban Chevrolet $27,144.00 $1089576.00 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: 1. The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): 1. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded as long as no material change is made to the terms, conditions, or prices of the original contract. 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 funds have been appropriated by the City Council and the contract price does not exceed $100,000; Pagel of 2 1r CITY OF ASHLAND COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: Parks vehicles scheduled for Amount Cost of replacement: budgeted: Replacement vehicle: replacement vehicle: Vehicle #0698, 2001 Ford Ranger $25,000.00 2016 Chevrolet Colorado Vehicle #1002 $27,144.00 Vehicle # 0719, 1998 Ford Ranger $25,000.00 2016 Chevrolet Colorado - Vehicle # 1003 $27,144.00 Vehicle 90760, 2005 Ford Ranger $24,000.00 2016 Chevrolet Colorado - Vehicle #1004 $27,144.00 Vehicle #0819, 2011 Ford Ranger $28,000.00 2016 Chevrolet Colorado - Vehicle #1005 $27,144.00 Vehicle #702, 2005 Chevy K1500 $28,000.00 Vehicle replacement put on hold pending available funds Funds budgeted and available: $130,000.00 Total cost of replacement vehicles: $108,576.00 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract for four (4) Chevrolet Colorado pickup trucks be awarded to Suburban Chevrolet. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves approval of the public contract award for four (4) Chevrolet Colorado pickup trucks to Suburban Chevrolet. ATTACHMENTS: None Page 2 of 2 WVJ CITY OF ASHLAND Council Communication March 1, 2016, Business Meeting A Resolution Establishing a Fee for Appeals of Administrative Decisions FROM: Dave Kanner, city administrator, dave.kanner(-( ,ashland.or.us SUMMARY The Ashland Municipal Code, chapter 2.30, establishes a uniform process for appeals of administrative decisions. These are typically decisions made by a department director regarding interpretation and application of various parts of the Municipal Code. AMC 2.30 establishes a fee of $150 for such appeals, which may, at least arguably, create an unreasonable barrier to appeal for a citizen who feels aggrieved by an administrative decision. However, the Code also allows the Council to establish a different fee by resolution. This resolution provides a fee structure that allows an appeal to be heard at no cost to the appellant if the appellant waives his/her right to a written or mechanical record of the hearing) or a minimum charge of $50 if the appellant does not waive that right. BACKGROUND AND POLICY IMPLICATIONS: At the January 5, 2015, study session, staff reviewed with the Council a list of ordinance updates that had been identified internally as necessary to keep the Ashland Municipal Code current. Staff identified the $150 appeal fee as one item in need of change. As explained at the study session, an appeal fee of that magnitude could be viewed as a barrier to citizens who wish to exercise their constitutional right to petition the city for the redress of grievances. In addition, there is value to the city in having appeals addressed at an administrative level rather than having them all come to the Council, where time and energy is better devoted to policy level matters. Staff had originally considered a rewrite of AMC 2.30 to consolidate all codified appeals processes into a single code chapter. That ordinance would also have addressed the appeal fee issue. However, staff has now determined that this course of action is probably not feasible, although this does not prevent the city from acting on appeal fees. AMC 2.30.020.C states "Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council." Therefore, this resolution is presented in lieu of an ordinance rewrite of the entire code section. A resolution to adjust appeal fees was presented to the Council at the February 16, 2016 business meeting. Council expressed concern about a provision in the resolution that would require an appellant to pay a $50 fee if the City requests that the appeal be heard by an outside party not affiliated with the City. This revised resolution clarifies that the appeal fee is $0 if the appellant waives his/her right to a written or mechanical record of the proceedings, regardless of whether the appeal is heard by the City Administrator or an outside party. Thus, this resolution puts the appellant in control of whether there will be a fee for their appeal and what the fee will be. COUNCIL GOALS SUPPORTED: Page I of 2 11VALAA CITY OF ASHLAND 2. Promote effective citizen communication and engagement FISCAL IMPLICATIONS: None likely. Appeals are extremely rare. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this resolution. SUGGESTED MOTION: I move approval of a resolution establishing a fee for appeals of administrative decisions. ATTACHMENTS: Resolution AMC 2.30 Page 2 of 2 I r RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A FEE FOR APPEALS OF ADMINISTRATIVE DECISIONS RECITALS: A. The Ashland Municipal Code, Chapter 2.30, establishes a uniform administrative appeals process, wherein a citizen who feels aggrieved by the decision of a department head or director can appeal that decision to a hearings officer (city administrator). B. AMC 2.30.020.C states that, "The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council." C. The Council finds that a non-refundable fee of $150 may constitute an unreasonable barrier to the Constitutional right to petition the government for the redress of grievances. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Section 2.30.020.C of the Ashland Municipal Code, the City Council of the City of Ashland establishes the following fee schedule for appeals of administrative decisions: • $50 for appeal heard by the City Administrator or an outside party not affiliated with the City of Ashland if requested by the City, if the appellant does not waive his or her right to a written or mechanical record of the proceedings as established in AMC 2.30.020.E.5; • $50 for appeal heard by an outside party not affiliated with the City of Ashland if requested by the appellant and the appellant waives his or her right to a written or mechanical record of the proceedings as established in AMC 2.30.020.E.5; • $150 or actual cost, whichever is greater, if appellant requests that the appeal is heard by an outside party not affiliated with the City of Ashland and the appellant does not waive his or her right to a written or mechanical record of the proceedings as established in AMC 2.30.020.E.5; • $0 for appeal heard by the City Administrator or an outside party not affiliated with the City of Ashland if requested by the City, in which the appellant waives his or her right to a written or mechanical record of the proceedings as established in AMC 2.30.020.E.5. This resolution was duly PASSED and ADOPTED this day of , 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. Page 1 of 2 John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney 2- 030116 Appeal Fee Resolution-Res.dOCXG:ueganPAUL\FORMS\resoiution form.wpd 2.30 Uniform Administrative Appeals Process 2.30.010 Definitions A. City Recorder. The person holding the position of city recorder for the City of Ashland. B. Day. Unless otherwise specified "Days" means calendar days. C. Department Head. The person holding the position of department head for any department of the City of Ashland, or any agent, employee, or designee of the Department Head authorized to perform the duties of the Department head by express written delegation of the Department Head. D. Director. The person holding the position of director for any department of the City of Ashland, or any agent, employee, or designee authorized to perform the duties of the director by express delegation of the director. E. Hearing Officer. The City Administrator or an outside party not affiliated with the City of Ashland that is hired or selected by the City Administrator or City Attorney to conduct an appeals proceeding. (Ord 2971 2008) 2.30.020 Administrative Appeals Process Any person aggrieved by the decision of a Department Head or Director may appeal such action to a Hearing Officer through the following procedures if the Ashland Municipal Code chapter granting the City Department Head or Director authority to make the decision expressly authorizes use of this appeals process. Land use decisions subject to AMC Chapter 18 shall not be subject to the appeals process in this Chapter. Appeals processes are as follows: A. A person appealing the Department Head' s or Director' s action shall, within 10 Days of such action and mailing of written notice, file a written notice of appeal with the City Recorder. The written notice of appeal shall include the name and address of the appellant, a statement of the authority or jurisdiction for the appeal, a statement of the appellant' s standing or right to be heard, the nature of the decision being appealed, a short and plain narrative statement including the reason(s) the original decision is alleged to be incorrect, with reference to the particular sections of the Ashland Municipal Code involved„ and the result the appellant desires on appeal. B. The City Recorder shall fix the time for the appeal to be heard by the Hearing Officer, place the hearing of the appeal upon the calendar of the Hearing Officer, and notify the appellant in writing of the time fixed no less than ten days prior to that time, unless the appellant agrees to a shorter time. C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal. Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the Ashland City Council. D. The parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on appeal. E. The Hearing Officer shall afford the parties an opportunity to be heard at an appeal hearing after reasonable notice. The Hearing Officer shall take such action upon the appeal as he or she sees fit. The Hearing Officer' s decision shall be the final decision of the City, and it shall be issued in writing. The Hearing Officer shall at a minimum: 1) At the commencement of the hearing, the hearings officer shall explain the relevant issues involved in the hearing, applicable procedures and the burden of proof. 2) At the commencement of the hearing the hearings officer shall place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing which was made to the officer outside the official proceedings during the pendency of the proceeding. The parties shall be notified of the substance of the communication and the right to rebut the communication. Notwithstanding the above, the Parties are prohibited from engaging in ex parte communications with the hearing officer. 3) Testimony shall be taken upon oath or affirmation of the witnesses. 4) The Hearings officer shall insure that the record developed at the hearing shows a frill and fair inquiry into the relevant and material facts for consideration for the issues properly before the hearings officer. 5) A verbatim, written or mechanical record shall be made of all motions, rulings and testimony. The record need not be transcribed unless requested for purposes of rehearing or Court review. The City shall require a deposit for costs of transcription or a copy of such transcription. 6) Written testimony may be submitted under penalty of false swearing for entry into the record. All written evidence shall be filed with the City recorder no less than (5) five working days before the date of the hearing. 7) Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default. F. The action of the Department Head or Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. H. If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the City of Ashland for the appeal, including but not limited to the cost of hiring an independent Hearing Officer. (Ord 2971 2008; Ord 2992; 2009) PRINT CLOSE CITY OF ASHLAND Council Communication March 1, 2016, Business Meeting Report from the ad hoc Committee on AFN Governance Structure FROM: Dave Kanner, city administrator, dave.kanner a ashland.or.us SUMMARY Councilor Marsh will present an update on the current status of the work of the ad hoc Committee on AFN Governance. BACKGROUND AND POLICY IMPLICATIONS: The City Council affirmed the Mayor's appointments to an ad hoc AFN Governance Structure Committee at its May 5, 2015, business meeting, with Councilor Pam Marsh as chair. The ad hoc Committee has held 11 meetings since its inception. Councilor Marsh offers the following for discussion at the March 1 business meeting: The AFN Governance Structure ad hoc Committee was appointed in May 2015. The committee was charged with examining alternatives to the current AFN governance structure and recommending an alternative to the City Council if such an alternative were deemed preferable. The committee has engaged in nine months of research and discussion, focused on the AFN mission, short and long term goals, and possible alternative models of operation. Minutes of our meetings and supporting documents are posted on the city's website. At this time, the committee has concluded that the best course of action is to retain AFN as a city enterprise fund with 1) the possible addition of an AFN City Commission to provide oversight and advice, and 2) the implementation of performance standards and incentives for our internet service providers. In addition, the city recently issued an RFP for an AFN marketing consultant, and we believe that this work will be critical to establish a strong communications strategy that results in a significant increase in the customer base. Given our immersion in the issues challenging AFN, we believe the committee can be an important resource to marketing efforts. We are, therefore, requesting Council approval to shift our focus to the development and implementation of the communications/marketing plan. When that work is complete, we will return to the Council with any formal recommendations for addition/changes to AFN's current operating structure or practices. COUNCIL GOALS SUPPORTED: 17. Market and further develop the Ashland Fiber Network. Page Iof2 ,IF LAj CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. SUGGESTED MOTION: I move to approve the request of the ad hoc AFN Governance Structure Committee to add to its scope of work advising the City Administrator and the Director of IT/Electric Utility on the development and implementation of a marketing and communications plan. ATTACHMENTS: Scope of Work: ad hoc AFN Governance Structure Committee Page 2 of 2 1` Ad Hoc AFN Governance Structure Committee Scope of Work The ad hoc Committee on Ashland Fiber Network Governance Structure is charged with examining alternatives to the current AFN governance structure (a City department, budgeted as an enterprise fund) and recommending an alternative to the City Council if such an alternative is deemed preferable. In examining various alternatives, the Committee shall consider: 1. The fiscal stability of the AFN enterprise and whether an alternative governance structure would impair the enterprise's ability to make debt service payments; 2. AFN's ability to react quickly to changing market conditions, including the need to make rate and service decisions outside of the City's normal rate-setting process; and 3. Impacts on other aspects of City operations that may be intertwined with AFN. The Committee may also recommend maintaining the existing governance structure, with or without modification. The Committee shall, in the course of its work provide ample opportunity for public input and present its recommendation(s) to the City Council no later than November 3, 2015. CITY OF ASHLAND Council Communication March 1, 2016, Business Meeting Discussion of Possible New Ordinances on Hindering Pedestrian Passage and on Soliciting Contributions in Specific Circumstances. FROM: David Lohman, city attorney, david.lohman@ashland.or.us SUMMARY The attached table (dated 1/27/16) is the same one presented the February 1 Study Session for consideration of possible ordinances to try to reduce the occurrence of certain types of public misconduct. The attached draft ordinances present in ordinance form two of the concepts from that table. BACKGROUND AND POLICY IMPLICATIONS: The attached ordinances were drafted in response to Councilors' requests to be able to view some of the concepts discussed in the form they might take as ordinances, so that the Council and public could better evaluate them. These are draft documents for purposes of discussion; staff is not requesting any formal action on them at this meeting. COUNCIL GOALS SUPPORTED: Public Safety 23. Support innovative pr-ogranis that protect the coinmunity. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. This item is for discussion and direction to staff. SUGGESTED MOTION: N/A. This item is for discussion and direction to staff. ATTACHMENTS: • Draft Ordinance Restricting Solicitation of Contributions at Certain Locations • Draft Ordinance Amending Chapter 10.64 on Obstructing Sidewalks and Passageways • Table: Public Misconduct and Potentially Applicable Laws, 1/27/16 Page 1 of I !A111 ORDINANCE NO. AN ORDINANCE RESTRICTING SOLICITATION OF CONTRIBUTIONS AT CERTAIN LOCATIONS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thirouo 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, Numerous complaints from residents, tourists and other visitors, and business owners have been made about persons soliciting for contributions in circumstances in which the request was unwanted or bothersome in that the person asked to make a contribution felt a heightened sense of alarm or was not readily able to walk away. WHEREAS, The City has a significant governmental interest in maintaining a safe and pleasant environment in public spaces for all residents, tourists, and other visitors. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.130 is added to Title 10 of the Ashland Municipal Code as follows: SECTION 10.130.010 Intrusive Solicitation A. No person shall orally or in any other manner request a donation of money or other gratuity from another person if the person to whom the request is made is: 1. Seated at a sidewalk cafe. 2. Within 20 feet of an automatic teller machine or the entrance to a bank or credit union. 3. In a vehicle stopped or parked on a public street or alley. B. Any law enforcement officer may issue a citation to a person who engages in intrusive solicitation as defined in Chapter 10.130A after having once been informed or warned by a law enforcement official of the conduct proscribed therein. SECTION 10.130.020 Penalty for Violation Any person who violates any provision of this Chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code. Intrusive Solicitation is a Class I violation. Ordinance No. Page 1 of 2 SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i. e., Sections Nos. 2-3, need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of 12016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 12016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10.64 ON OBSTRUCTING SIDEWALKS AND PASSAGEWAYS 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, Ashland Municipal Code Chapter 10.64.010A, first enacted in 1968, currently prohibits using public streets and sidewalks for selling, storing, or displaying merchandise or equipment, with exceptions for specific permitted uses. WHEREAS, Ashland Municipal Code Chapter 10.64.010C, first enacted in 1994, prohibits placing any object on a public sidewalk which restricts clear passageway for pedestrians, sets the minimum dimensions for clear passageway, and distinguishes exceptions permitted by ordinance. WHEREAS, Ashland Municipal Code Chapter 9.16.070A.9, enacted in 2015, declares obstruction of a City sidewalk by a dog to be a public nuisance. WHEREAS, Numerous complaints from residents, tourists, other visitors, and business owners have been made about persons obstructing pedestrian passageways on public sidewalks and entryways to private and public buildings, particularly in the downtown area. WHEREAS, Current City ordinances restrict obstruction of pedestrian passageways by merchandise, equipment, and other objects and dogs but do not specifically address obstructing pedestrian passageways by persons. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.64 is amended as follows: SECTION 10.64.010 Obstructing passageways A. Except as otherwise permitted by ordinance or by a conditional use permit or by a special event permit, no person shall use a street or public sidewalk for selling, storing, or displaying merchandise or Ordinance No. Page 1 of 3 equipment. B-. The provisions of this seetion shall not apply to the defivery of Merehandise led the owner or peirson in eharge of the merehandise !nt or the property abutting merehandise or equipment Within a reasonfible time. side",alk -A,hieh restriets the elear passageA,ay for pedestrians to less than eight feet, exeept -A,hen the side-A,aik is less than eleven feet in width, theft the measure shall be six feet, or plaee aft), objeet. on a ptiblie sideA,alk at a street eorner or -Aithin five feet of the eur-b return. B. Except as otherwise permitted by ordinance or by a conditional use permit or by a special event permit, no person shall place an object or animal or block or physically constrain any person on a pedestrian passageway for longer than 5 minutes with the intent to interfere with free passage thereon. C. As used in this Chapter 10.64, a pedestrian passageway is: (1)(a) The portion of a public sidewalk that is at least 6 feet in width on a sidewalk less than 11 feet wide; or (b) The portion of a public sidewalk that is at least 8 feet in width on a sidewalk greater than 11 feet wide. (2) The portion of a public sidewalk that is within 5 feet of any public street, including at a corner where public streets intersect. (3) The point of entry to public or private property from an abutting public sidewalk. D. Without excluding other possible forms of evidence, a person is deemed to act with intent to interfere with free passa eg on a pedestrian passageway if the person continues obstructing a pedestrian passageway after having once been informed or warned by a law enforcement official of the conduct proscribed in this Chapter 10.64. E. The provisions of this Chapter 10.64 shall not apply to the delivery of merchandise or equipment, provided the owner or person in charge of the merchandise or equipment or the property abutting on the street or sidewalk upon which the merchandise or equipment is located removes the merchandise or equipment within a reasonable time. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i.e., Sections Nos. 3-4, need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 2 of 3 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3 PUBLIC MISCONDUCT AND POTENTIALLY APPLICABLE LAWS 1 /27/ 16 RECENT LAWS NOTES COMPLAINTS ABOUT PUBLIC MISCONDUCT EXISTING STATUTES/ORDINANCES Threatening passersby ORS 166.025: Disorderly Conduct • "Threatening behavior" is physical • Specifically prohibits engaging in conduct which is immediately likely to "threatening behavior." result in use of physical force and which is intended to create or recklessly creates a risk of public inconvenience, annoyance or alarm. • 1984 Oregon Court of Appeals: "Threatening behavior" is not protected by the I st Amendment or Article I, section 8, of the Oregon Constitution, even if it is accompanied by constitutionally protected speech. Harassing passersby ORS 166.065: Harassment • Abusive words or gestures constitute • Specifically prohibits publicly insulting harassment only if they are intended to another by abusive words or gestures and likely to incite a reasonable person in a manner "intended and likely to to immediate violence and they are provoke a violent response." directed at a particular individual. • Specifically prohibits subjecting other person to offensive physical contact Public urination and AMC 9.08.110: Scattering Rubbish • This provision also prohibits deposit of defecation animal waste on public or private property. Dogs and gear AMC 10.64.010: Obstructing • See next page for proposed additions to hindering sidewalk Sidewalks and Passageways this ordinance. passage Currently prohibits obstruction by "objects" only AMC 9.16.070: Nuisance - Dogs • Prohibits obstruction by dogs Dangerous dogs in AMC 9.16. 015-070 Nuisance -Dogs congested areas • Requires rabies vaccinations • Requires leashes in public places • Prohibits menacing dogs Camping AMC 10.46 and 10.68.330: Prohibited • Northern California Fed. Dist. Ct. Camping upheld provision banning camping: • Prohibits camping on public property, preventing other persons from using including parks public spaces is not an unavoidable life- sustaining activity; making enforcement dependent on availability of shelter beds is not required. (1994) • Oregon Fed. Dist. Ct. upheld Portland no-camping ordinance, rejecting argument based on 8th Amendment and Equal Protection. (2011) • Multnomah County Circuit Ct. upheld Page 1 of 3 Portland no-camping ordinance, rejecting arguments based on Eighth Amendment, Equal Protection, strict scrutiny, and overbreadth and vagueness. (2015) RECENT LAWS NOTES COMPLAINTS ABOUT PUBLIC MISCONDUCT POSSIBLE NEW ORDINANCES Tobacco and marijuana Possible addition of new provision to • First Reading of proposed ordinance smoke in congested Title 9 (Health and Sanitation): scheduled for February 2 Council Downtown areas and Smoking Prohibitions meeting. • Prohibits smoking on Downtown sidewalks/Plaza. • Prohibits smoking in enclosed areas open to the public and in places of employment, with certain exceptions Stationary persons Possible addition to AMC 10.64.010: • Requires intent to disrupt; can be shown hindering sidewalk Prohibit persons from blocking by failure to heed warning. passage Downtown public sidewalks for more • Prohibition permissible only on behavior than 3 continuous minutes by standing, (blockage) - not on expressive content sitting, or lying within pedestrian (such as words used). passageways or within 5' of a street . 1996 Ninth Circuit opinion said sitting, edge or corner lying, or sleeping on a public sidewalk is • Prohibit persons from blocking not a form of conduct integral to free entrances to public or private property expression. from public sidewalks by standing, . Dictum in 2014 Supreme Court case sitting, or lying thereon. suggests prohibition on blocking access • Require notice of prohibited conduct is permissible. and failure to comply before any arrest. • Should be limited to areas in which intentional interference with free passage is prevalent. Soliciting persons Possible addition of new provision to • 2006 Ninth Circuit opinion said that unable to readily walk Title 10 (Public Peace, Morals and solicitation is a form of expression away Safety) entitled to the same constitutional • Prohibit solicitation within 20' of ATM, protections ("strict scrutiny") as bank entrance, or sidewalk cafe. traditional speech. • Prohibit solicitation of persons in a Must be narrowly tailored to prevent vehicle parked or stopped on a public intimidating solicitations which actually street or alley. have taken place in Ashland (not just • Require notice of prohibited conduct could take place). and failure to comply before any arrest. • Must identify prohibited activity with particularity. The list of situations in which solicitation is prohibited must be exhaustive; that is, enforcement officials should not have discretion to expand the list. • Must allow ample alternatives for exercise of I st Amendment rights (e.g., should allow non-threatening solicitation outside prohibited specified areas). Page 2 of 3 • Must apply to all appeals for donations, including, for example, those by organized charities. Continuing to solicit See ORS 166.025 Disorderly Conduct and after negative response ORS 166.065 Harassment Crude remarks, generally Using profane or abusive language during solicitation or after negative response Solicitation without a Is soliciting donations a "business activity"? business license Page 3 of 3 CITY of S LAN D Council Communication March 1, 2016, Business meeting Second Reading of an Ordinance Amending Chapters 10.68.400 and 11.08 and Replacing Chapters 11.24, 11.28, 11.32, 11.34 And 11.36 With New Chapter 11.26 To Update and Unify Parking Regulations and To Authorize City Council To Establish Parking Violation Fines and Penalties By Resolution FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us Lee Tuneberg, Administrative Services Director, tuneberl@ashland.or.us SUMMARY: This agenda item is the first reading of an ordinance the Council identified as a priority in its January 5, 2015 Study Session discussion of potential updates to the Ashland Municipal Code. Passage of this proposed ordinance would (1) consolidate various code sections concerning parking regulations into a single, easier to understand code section; (2) clarify that responsibility for setting parking fines and penalties is reserved for the Council; and (3) authorize Council adoption of resolutions for setting base (presumptive) parking fines and enhanced penalties for multiple parking violations. BACKGROUND AND POLICY IMPLICATIONS: The current municipal code sets forth in Sections 11.24.100, 11.28.1 10A and 11.28.120 specific dollar amounts for penalties for multiple parking violations, for enhanced penalties for ignoring parking tickets, and for a parking fine surcharge. Current code also specifically authorizes impoundment, immobilization by parking boot, and towing as means for dealing with parking violations. But current code does not set the amounts for simple, one-time parking violations and does not state who has responsibility for setting those amounts. The current $7 fine for a simple overtime parking violation (to which is added a $4 parking surcharge for parking improvements) apparently was established by a former municipal court judge more than 30 years ago. In order to clarify authority for the Council to subsequently adopt a resolution updating the fines and penalties for parking violations, staff recommends the attached ordinance amendment. The proposed ordinance amendment would allow the presumptive fines for parking violations to be set by Council resolution. Including parking fines in the master fee schedule approved by resolution annually would encourage regular review of the appropriateness of the amount established for the presumptive fines and for enhanced penalties for parking violations. The proposed ordinance also would set a new, lower threshold for "booting" or towing a vehicle: Currently, a vehicle can be booted or towed when its owner has an outstanding balance of $250 or more due for unpaid parking violations; the proposed ordinance would set that threshold at $150. Page 1 of 2 ~r CITY OF ASHLAND The ordinance amendment proposed for Second Reading includes the changes approved at First Reading on February 16 and highlights those changes. Some additional changes to the First Reading version were also discussed but not voted on at the February 16 meeting. The version presented for Second Reading also incorporates and identifies by highlighting those changes, as well as few non- substantive edits. The City Attorney plans to read aloud all portions of the Second Reading version changes that constitute substantive changes from the version formally approved at First Reading. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Passage of the ordinance amendment is likely to result in a modest increase in Ashland Municipal Court revenues from parking fines, although the expected primary benefit will be a reduction in parking violations, especially in the downtown area. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance. SUGGESTED MOTION: I move to approve Second Reading by title only of an ordinance titled, "An Ordinance Amending Chapters 10.68.400 and 11.08 and Replacing Chapters 11.24, 11.28, 11.32, 11.34 and 11.36 with New Chapter 11.26 to Update and Unify Parking Regulations and to Authorize City Council to Establish Parking Violation Fines and Penalties by Resolution," with the highlighting excluded, [and with the following changes ....I ATTACHMENTS: Proposed Ordinance Page 2 of 2 1`, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 10.68.400 AND 11.08 AND REPLACING CHAPTERS 11.24, 11.289 11.329 11.34 AND 11.36 WITH NEW CHAPTER 11.26 TO UPDATE AND UNIFY PARKING REGULATIONS AND TO AUTHORIZE CITY COUNCIL TO ESTABLISH PARKING VIOLATION FINES AND PENALTIES BY RESOLUTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold line 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, over a period of years, the City of Ashland has adopted parking ordinances in multiple chapters of the Municipal Code, some of which now seem redundant, incongruous, or difficult to decipher; WHEREAS, penalties for violations of various parking-related regulations currently exist in un- reconciled multiple chapters of the Ashland Municipal Code and penalties for one-time parking violations are not expressly addressed in the Code; WHEREAS, establishing parking violation penalties by ordinance restricts the flexibility of City Council to readily modify penalties as circumstances change; and WHEREAS, City Council has the authority to determine the amount of a presumptive fine for each type of parking violation and the amount of enhanced penalties for multiple parking violations and can exercise that authority in an expeditious manner by resolution. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.08 Definitions is hereby amended to revise or add provisions as set forth below: Section 11.08.010 Definitions - Generally in addition to these definitions eentained in the adopted seetions of the motef vehiele law meaning, are defined f^"^_s in this ehuYter. Except where the context clearly indicates a different meaning, the words and phrases in this Title 11 have the meanings ascribed to Ordinance No. Page 1 of 21 them in the following sources and, in the event of differing definitions of particular words or phrases, in the following order of priority: (1) the motor vehicle laws of Oregon; (2) this Section 11.08.010; or (3) common usage. A. "Abandoned vehicle" means any vehicle that has been deserted or relinquished without claim of ownership. A vehicle shall be considered abandoned if it has remained in the same location for more than 72 hours and one or more of the following conditions exist: 1) The vehicle has an expired registration sticker or trip permit affixed to it; 2) The vehicle appears to be inoperative or disabled; or 3) The vehicle appears to be wrecked, partially dismantled or junked. Seetion 11.08.080 B. "Block" means Aa segment of street bounded by consecutive cross streets or intersecting streets or land designated as a block on any recorded subdivision map. Notwithstanding the above, for- purpose of Ch a ~z°r 14.2 n bloelr `hall also inel'In addition, "block" also means the Plaza area bounded by and including, East Main Street, North Main Street, and Winburn Way. For purposes of this definition, an alley is not a street. C. "Block Face" means one side of a particular block, but not the opposite side. D. "In Front of or Contiguous to" means the right of way directly in front of and on the same side of the street of the real property of the vehicle owner or the owner's designee and also includes 22 feet in any direction from the point where the lot line of such real property intersects the right of way. "Contiguous to" also means in the nearest parking bay in the right-of-way in either direction and on either side of the street from the real property of the vehicle owner or the owner's designee. 1. "Owner's designee" means that person responsible for placement, or allowing for or assisting in the placement of the subject vehicle. E. "Official" or "officially" means established by the City, state, or federal government or its designee acting to create, authorize or permit according to its lawful authority; F. "Owner" or "owner of a vehicle" means the person listed as the owner of a vehicle in the records of a state department of transportation. G. "Oversized Vehicle" means any vehicle, whether motorized or non-motorized, that exceeds 22 feet in length, or 94 inches in width or 92 inches in height. Any extension caused by any accessory, with the exception of side view mirrors, trailer hitches or roof racks, attached to such vehicle shall be considered part of the measured distance. As used in Title 11, the term "oversized vehicle" includes all buses, tractors, semi-trailers, motor coaches, trailers, campers, camper-trailers, house-cars, trailer coaches, trailer houses, motor homes, boats horse trailers, mobile homes, utility trailers, and other equipment or machinery, or other recreational vehicles regardless of width, length or height. As used in Title 11, the term "oversized vehicle" excludes automobiles, pickup trucks, sport utility vehicles and passenger vans that would not exceed 92 inches in height but for aftermarket suspension system modifications or oversized tires. Ordinance No. Page 2 of 21 H "Parking Violation" means violation of any parkinIZ prohibition, limitation or rel4ulation of the City of Ashland or the State of Oregon. 1. "Personal Vehicle" means a vehicle other than a Commercial Vehicle as defined in ORS 801.210. J "Rental or Leasing Company" means any person enj4ap_ed in the business of renting or leasinp_ motor vehicles to the public. K "Vehicle" means any device, or substantial component thereof , that is propelled or powered by any means in, upon, or by which a person or property is or may be transported upon a public hilZhway, including trailers and campers. SECTION 2. Chapters 11.24, 11.28, 11.32, 11.34 and 1136 are hereby repealed in their entirety as shown below in order to be replaced and restated in a consolidated, revised version in new Chapter 11.26 set forth in Section 3 hereunder: Chapter 11.24 PARKING REGULATIONS SECTION 11.24. 010 010 Method of par-kin A. No per-son shall stand OF prmrk- -a-Vehielle in a street other than pairalle1with the edge of the wheels of the ` ehiele within twelve (12) inehes of the edge of the 1 exeept where the R l Illll g• street mairked or- signed for angle t7rl ~ no peirson shall stand or pairk a B. Where par-king canna mar-kings are tom.... planed ~ on a street, vehiele other than at the indieated dimetion and within a single m.a.r.keedd spaee, unless the size oir shape of thevehielle makes eomplianee impossible. ■ i the nn r driver- T A ehiele di eover-s that the hinln parked immediately ~ 1 CI~lJ 11 ftont of or elose to a building to whieh the fire depar-timent has been summoned, he shall XTIEV immediately iremove the vehiele from the area unless othei-~vise dir-eeted by po iee oirlfitfle SECTION 1 1 241 01 C Vehicle Defined As used in the Ashland Alunieipal Code, the term vehiele shall inelude the terms trailer- and eamper. SECTION 11.241.20 Prohibited par-king 1~VSTT70Tr V'TrVn1AITG'Cl L 1l t it strueture used ra c.trnnt n ,itl.in • 7 n street tunnel this Cit , unless marked or- ndiented othei-lr se Ordinance No. Page 3 of 21 B. A vehiele in an alley exeept to load mid unload persons or materials not to exeeed twenty (20) eonseeutive minutes in any two (2) hour- period-; C. A la' 1 sti et for the HZ '1HrC llleinHl 1 l li lJ f• • l VJI~ Vl• Displaying the vehiele foi- ■ 1. sale; 2. Washing, n; G~ll_7'IY":-f/"1 1-GF7ZCI1111g 111 ♦~.11 City; when so authorized or- lieensed under the oirdinanee of this D. 1 1! l A e iele /ate HNeller-tyithV U the t th eonseW of the neir /a C~eH In erlYl upon 'ual gL E. I~' 1♦lIl1 . of the pr-i-vate prop "ty; F, A vehiele within an~-area mar-ked off by yellow paint upon the street or upon t , by a t lllsi n, 00-I ,.CI 155 '1S137 1968) C. A vehiele or any paiFt thereof upoft a sidewalk or bieyele path. (Or-d. 1971 S!, 4978) engiiie r-unfting, if sueh engine emits exhaust fumes into the aiir. Alehiele engines shall be-tired-off when loading and unloading passengers or- meirehandise. This n bseetien a shall not apply 4n• 1. An e - * ting for- less than five mittutes. 2. Avehiele in the moving tr-affie lane waiting to move with the iiormal flow of traffie. 3. An engine needed to operate equipment used to load or unload 7 4. Thieks undo 12,000 !''NIMI and buses with a 'H.r en ear- of ✓ 11~ rNllH rla♦ Va less, • Emer-geney ' utility ' 7 SECTION 11 241 020 Use of loading zone GVlla. materials, No per-son shall stop, stand, or- parK a vehiele for- any purpose or length of time other than for- the expeditious unloading and delive-I 0 - piekup and loading of freight, or .7 -r applieable to loading zo . effeet. in no ease shall the stop foir loading and unlondin of passengers and peirsonal baggage exceed five (5) minutes, nor- the loading oF unloading of H1n4el+inis eveeed fifteen (15) izu uIec. t1.0. Cam'! "TION 1 1.241. 0410 Use of n passenger loadinll g zone No per-son shall stop, stand, or- pairk a vehiele for- any purpose oiF length of time other- than for- the expeditious loading or- unloading of passengers in a pinee designated as a passenge loading zone duirming the hours when the provisions appheable to passenger- loading zones are 1H e111 a ee . SECTION 11.1405~0 Buses T s Cenendly stand, The driveir of a bus oir taxieab shall not stand or- park the vehiele upon n street in a business respeetively, exeept that this Ordinance No. Page 4 of 21 K . sion shall not prevent the driver of a taxieab from temporarily stopping for the purpose "I. -r unloading of passengers. of and while netually engaged in the loading o SECTION 11.24.060 Buses T i. Restrieted stand use or park a vehiele other than a bus in a bus stand or otheir than -a stop, No person shall stand, 4" ieab in n 4nv:nnb stand' that exeep* that the driver of may temporarily s for the purpose of and while aetually engaged in loading or unloading passengers when the stopping does not interfere with a bus or taxieab waiting to enter or about to enter the zone. SECTION 14.24.070 Movingvehiete if l'' 1" : moved and re "".•lnied_sa'--:~ 11]-thesc`me blue{ , de ned1 1 by AMC 4 1.08.080, the ra,u time period shall eontinue to run. SECTION 11.2 .090 Exemptio n regulating The . of Chapters 14.24 and 11.28 shall not apply to a vehiele of a State Ageney, City department oir publie utility fleeessaTw, > > designee, eolleetion, transportation, or delivery of the United States mail. SECTION 11.24.095 Speeial Permit for Wive",, Maintenanee or Construetion A. Loading and unloading of vehieles shall be permitted as provided in the Ashland Munieipal Code. when B. A Speeial Permit may be granted by the City Administrator, or substantial evidenee is submitted that demonstrates that an exemption from the two or- four hour time limits foir parking is neeessa", based VII the vac.v or a.o..aplexitJ of a delive", or for the safe and eonvenient pineement of eonstruetion, ire, C. The Speeial PeFmit must be prominently displayed in the vehicle while pariked in the restrieted parking wrea. Vehieles displaying the Speeial Permit shall be exempt from the provisions of Seetion 11.24 and 11.28 eoneerning two oir four hour parkin limitations, but must abide by all otheir traffie and parking regulations, ineludin loading zone parking time limits, SECTION 1 1 .4.1 n~00 Colzee+• • Ti nhan ed Penalties; Appeals The Munieipal judge or- City eontraeted parking enforeement provider is authorized to of the penalty provided fof! sueh violations. The penalties for parking violations as provided in the Ashland Munieipal Code shall be enhaneed in eneh easewhen the defendant fails appear oir post bail within the time required by the eitation as follows: Ordinance No. Page 5 of 21 /late A. When 111 the defe dart fails to appear or post hail within ten (10) days of the /l.. U7[4 date -CIIt. their of the H alty ..hall 1 Oe by Ten Dollars (SIO.00), B. When the defendant fails to appear or post bailwithin thirty (30) days of the due date thereof 1 by the penalty shall 1 abe by Thirty Dollars (e2n.nn~ When r \ ~a l l ■ 1 \A/heH the /leTaH/laH~' TallC~ t/1 aY111aaN AN 1lAC'~t hall t 1•th1H fifty ~1n■ days o the due !late thereof'1 the penalty shall 1HeNeaoe by Fifty Dollars le50.001 v a A defendant who fails to appear or post bail within the time required by, the parking eitation or penalty enhaneement waives any objeetion, and eannot eontest or appeal the initial. parking violation or penalty enhaneement previousi, 1. Any fines or penalty enhaneements that have not been paid to the eontiraete I enforeement provider be deemed debt owed by the defendant to the eitl, immobilization, to the eity for more than -50 days under the provisions of this ehapter may be submitted to a other remedy provided in this eode, ineluding towi 7 judgment may, be taken by the Court following any, failure to appear or penalty enhaneement and the matter referred to a eolleetion iigeney. X 1 i i 1 zn DAYS 31 cn DAYS Tieliet eost plus S30,40 51 or- mofe-days Tieliet eost Pitts S50-40 14 l l n 1de the tickcet penalties under AAIC 11. -Irrs ~---v~ncr~rrrc-rlu-mlrcritiple a ~ ~c Tfl ims table does not inrrcel-r sureharges or other fees authorized under this ehapteir. .28 RESTRICTED PAR lNG AREAS SECTION 11.28.010 Parking time limits Parking time limits shall be established by, traffie regulations promulgated and published by the ■ lta, Administrator as authorized in seetion 11.12.020, SECTION 11.28.020 Tire Mair iH/ra parking offieer of the tire of a vehiele for the purpose of preventing the poliee offieer-, eode eomphanee oir parking offieer from deter-mining the length of time that saidvehiele has been parked. SECTION 1 1 74 050 r' ffeeti"/' hours The parking regulations deseribed in Seetion 11.28.060 iire in effeet between the hours o 8.20 n 5•20 p.m. every /lay eveept Cundily° and other- legal holidays. Ordinance No. Page 6 of 21 SECTION 1 1.74 060 City Parl'ing I- k V1 Parking in the parking lot owned by the City immediately adjaeent to the publie library, whieh is on the southwest comer of Gresham Street and East Alain Street, is limited to two SECTION 1 1 74 0 70 Par-king o one si` e 1 4' A/Y and .rlnrl by Chapter 7~1 ''a 11.24-, shall be imposed on the folio-wing streets: 1Siskiyou to I 1 Bridge, west side of Mountain, •d of Palm from rl of existing time li lmi 1 nt. parking neemr SS-iskiyou to towa; west side of C nil 11 rn from Pleasant t Ashland Stire west side of 1;'ll add from Fen to o Ashland Streets theseTC I.~Street; th side of inn ~JTrG....>> and ZCIIL[Tiiwhere, Exeept by ovided for in Chapter 14.24, the restrietions are ` esign•'ted otheirrr>•cion 1w n.. SECTION 11.28.075 Parking on both sides Vehiele parking prohibitions on both sides of the street, as defined and provided by Chapte . 11.24, shall be imposed on the following streetS, A. East Main Street-43,etween Lithia Way and the Southeirn Paeffie Railway right of-way; B. Winburn Way from the bandshell to the upper- dueli p Exeep,,'.- where, by appropiriat marking as provided for in Chapter 14.24, the SECTION 1 1.28.080 080 Par-king Violation A parking violation is a violation of any ply". king prohibition, limitation of regullition of the City of Ashland. A vehiele parked in violation of this ehapter- shall have a notiee ofviolation s.. uit&ehed to the vehiele and the owner or operator of the `r'i 1,'nl ball be ,Minot to the penalties provided in Seetion 1.08.020 and this ehapter, and may be subjeet to the unding of sueh vehiel.- as ,.-,.ded in Chapter 11.36. A person who eommits a parkin loint., ~ot suffer any disability or legal disadvitntage based upon eon-, ietion of a SECTION 11.74.090 Violation Responsibility in the trial of any alleged violation of this ehapter, the registered owner of the vehiele so presumption shall, however, be rebuttable by the defendant; hours _CCA t'ont.11V 11 1 1. v 74'V^V ` 11 .070 , v SECTION 1 1.GU 74:S 1 nn Parking The par-king regulation deseribed in Seetion 11.28.070 is effeetive between the hours of 8 a.m. and 4±30 p.m. every day exeept Sundays and other legal holidays, SECTION 11 74 105 Parking 1'ro C"At"'n 11 74 075 Ordinance No. Page 7 of 21 The parking regulations deseribed in Seetion 11.28.075 shall be in effeet 24 hours per day, seven iln per week. SECTION ~1TL8Ti'VTG7IZTITiC. er--iIATI' nln+inns; mobilizatiVil' towing, show ~asu `ho nnn Ali s and warrants A. Fine. Fines shall inelude the orlginal tieketed amount as -A,ell-- as any enhaneed penalties. in addition, it person who eommits three or four parking violations ealendar year shall pay an additional fine of $25, and a person who eommits fiv y an additional fine of S50 fo more parking violations in any ealendar year shall pa, leaell parking violation they that vear. 7..- i mm, ns S2 0 n`~ 5 or m ol`ations WW ~~++50..00 00 for ettehvioka-ion X owner, authorized under this ehapter. B. immobilizer (boot) installation and /or- Towing.- b (1) five or more outstanding . ij City of Ashland parlizing violations on any number of motor vehiel s, or (1) a City of Ashland parking violation, or an), number -of ~i~on , with total unpaid Pala„''" that exeeeds 5250 ~U , regardless of the number of motorvehieles involved, then any poliee or parking of the ri4~, io provider n fornmmen+ V the tll~ 1 nenforeement ff , n t l parking authorized, vehieles found upon a pubfie street or eity off street parking lot by installing on movement of the vehiele. in the alternative, or in addition to immobilization, after 24 hours has elapseal, any P0. king enforeement offieer or eontraetedl parking enfoFeement provider of th ty is authorized, direeted and empowered- to order sueh vehicle towed, by a heensed tow eompany under eontraetwith t t or the mil,' applievible, (2) For purposes of this +•nn' 1Vii when la •l fine shall h outstan`li g on n nit ati` n the eitation is issued and shall remain outstanding until the bail is posted of fine is paid-. (3) Ten days before immobilizing or t +iele aeeording to the provisions o this seetion, the City, or the City' s eontraeted parking enforeement se return reeeipt requested, to the registered owner of sueh vehiele as shown by th-e reeords of the Oregon Motor Alehieles Division notifying the owner that the motor vehiele or vehieles may be immobilized and/or towed ten days after the date -of mailing the notiee herein for failure to pay outstanding parking bail or fines. Ordinance No. Page 8 of 21 owner, (4) if the vehiele is so immobilized, the per-son who installs or attaehes the deviee shal usly affix to the vehicle a written notiee on a form approved. by the eity, advising the driver, immobilized pursuant to this seetion and that release of the vehiele may be obtained upon full payment of the outstanding balanee owed to the eontraet parking enforeement serviee provider. The notiee shall also speeify that the vehiele is subjeet to tow, iz~ 11 the person who orders the tow, shall send-by k-11 M the event the vehiele is l towed, A +•fi I Ail' " eturn eeipt requested, owner oft A advising the registered the vehiele that it has been towed purstiant to this seetion and that release of the vehiele may be obtained upon reeeipt by the to Pany of full paymen the outstanding balanee owed. 7J t' shall be held GIl s LII + the (6) A vehiele towed and imA Pursuant L4V this JCC expense ~I1 -~~f Personnel, or the eontraeted parking enforeement serviee provider may be used for the removal and storage of thevehiele. and Warrants. C. Letter, Warning Cause, Show (1) Warning Letter. The Ashland Munieipal Court may ehoose to send a letter by first elass mail informing the defendant they, outstanding parking +'Al'Ats and that *hAir ~CCe`Hzranee t`~rrE'C£'~~Yfl r-y, at a preliminary II-Rearing before how eause order and warrant.- (2) Show Cause. The Ashland Mu i iA I G urt may issue an order that requires the y the defendant should not be held in defendant to appear and show eause wh, ineluding eontempt for failure to -appear ft. ordered or failure eontempt of 1 to eomply. The show eause order shall be mailed to the defendant by eertifi requested, return reeeipt date; mail, no less thaft ten days prior to the appearanee order, alternative be made-hy any otbe ed method, sueh as (3) Warrant. if the defendant is served and fails to appear at the time speei -in l the eourt may A an estilArrant for the l ~ T H<l 4' ~AN the purpose of bringing the defendant before the eourt. rge SECTION 1 1. Il 28 1 70 Parking Fine Surehal tea, There shall be a sureharge of four dollars (S4.00) on all parking eitations issued within the City of Ashland. All revenues reeeived shall be segregated and used oftly for meeting debt serviee on bonds issued for parking improvements,- leases, and/or future parld - [),v,ements and studies, Ordinance No. Page 9 of 21 Chapter 11.32 ABANDONED VEHICLES SECTIONs: CTi CTiON 1 1.37.010 Defini ions "Abandoned » means any vehiele that has been deserted or- relinquished withou elaim of owner-ship. A vehiele shall be eonsider-ed abandoned if it has remained in the same loeation for- moire than 72 hours and one or- more of the f6flowing eonditions exist: Thevehiele has an expired registration stieker or trip permit affixed to it; 2) The vehiele appean to be inoper-ative or- disabled; o 3) The vehiele appeairs to be wreeked, par-tially dismantled or junk » means the person holding the position of ehief of poliee of the Ashland "Chief or- desigiiee authorized to per-fomi the duties poliee > agent, employee, of this ehapter- by the ehief of poliee. cc » inoperative; vehiele means any, vehiele or part thereof whieh is in one of- more of the folio-wing eondition-s: 2) MIr-eeked-,- 3) Dismantled; 4) Pairtially dismantled; junked-. Disear-ded vehieles may be deemed to inelude major- parts of vehieles ineluding but no limited to bodies, engines, transmissions find rear ends. cc 0Vehiele" or bywhieh any person oir property, is or- may be • means every, deviee in, upon, transported or drawn upon any, street or- highway, and ineludes any hulk or- eomponen theireof. SECTION 11. 2.020-Deelafatioft of Publie Nuisanee The open auumulation and stoirage of aband-oned or- disear-ded Vehieles are hereby found to ereate a eondition tending to r-eduee the value of private > to promote blight, deterioration and unsightliness, to eireate fire hazards, to eonstitute an attr-aetive nui- ereating a hazard to the health and safety of minor-s, to er-eate a harborage for- irodents and inseets and to b s to the health, safety and general welfar-e. Therefore, the presenee ehapteir, SECTION 1 1 .32.020 Prohibited Aetion it is unlawful to park, store, leave, or permit the parking or storing of fin abandoned of disearded vehiele upon any publie or private property within the eity for a period of time in exeess of seventy two (72) hours unless the vehiele is (1) eompletely enelosed within a Ordinance No. Page 10 of 21 building; or (2) stored in eonneetion With a business enterprise allowing outdoor storage and 1 fully lieensn.l by the City-y-. SECTION 11.32.040 Peffa-hy Violation of this ehapter is a Class 11 violation, punishable in aeeordanee with AMC . Vehieln" SECTION 1 1• LI 2:~•nCG n and Towing VAbandoned f ava n~ Vcn T NOZf1~--- if the owner of the vehiele, property owner, or lessee of proper~,., upon whieh t h• In is l nn* l not removed after otiee is provided the vehiele shall be towed and 011SPosed of in aee ,rdann„ nuc 19.110 through through . nuc The Chief of Poliee may designate an employee 7 ---t 7 - _ffi - -.eer to perform the 819.270. duties required under this ehapter and. tllwe *,".Flicahk-provisions of state law. Chapter 11.34 STORED NIE141CLE-S SECTIONs: SECTION 1 1 .2'1.01 n Purpose The eity has Vll and whether the City has a fee-,-easement, or other legal interest in the right of way. The use oft the City's right of way is generally prohibited pursuant to AMC 13.02.040, Whieh states that. GG The purpose of this ehapter is to regulate par-king on the City' s right of way to of the prevent the right of way from being used to store personal vehieles and oversized vehieles, ineluding reereationfil vehieles. Oversized vehieles should be stored at outdoor and indoo storage fneilities properly zoned and permitted for sueh storage use, and not-in publie right of 'A' a~- SECTION 11.3 .n2-vn~De nations For purposes of this ordinanee "in front of or-eonttguious to the vehiele owner' s dwelling" c"in front oF' means the right of ivay diireetly in front of and on the same side of the street as the owner' s dwelling and between the lot lines of the property on whieh the dwelling is c"eontiguous to" means tonehing either one of the loeated. For purposes of this ordinanee owner, s lot lines on the same side of the street at the point where the lot line inter-seets the right of way an.-I extending away from the lot line in either direetion in the right of way H GG 17 also means in the nearest moire than 22 feet. For purposes of this ordinanee parking b--y in, t1w right of way in either direetion and on either side of the street from t "Oversize- v motorized, length, that exeeeds 22 feet in height. or 94 inehes in width or 92 inehes in V extension eaused by any aeeess 1 ' 1 . buses, Oversized vehieles shall also inelude all firaetors, trailers, semi motor 1 1 eampers, trailers, eamper ears, house trailer 1 houses, trailer motor homes; b Ordinance No. Page 11 of 21 hor-se > homes, mobile trailers, utility height. Automobiles, piekup > sport utility vehieles and passenger vans that are over 92 inehes in height will not be eonsidered ize rl nh• I a,l.nn +1. A.. nvnnnA the n.-1inn+iAr+ of +I,n n "Personal suspension system or the addition of oversized tires. motorized vehieles that are owned and used by households for personal station wagons, passenger vans,--eurgo automobiles, vans, 7 and similar . SECTION 11 241 020 Stored Personal Vehi Inc. a h•I''fn.1 ~ L]C_ - it is unlawful for any person to park or store any personal vehiele on any- aahllA NIIi~ T of way: A. Foir moire than seventy two (72) hours, and condition B. in that results in the aeeumulation of debris around or under the vehiele or in that prevents it from being-driven, u m ,cI' f7 n+ tires; C. For- more than seventy two hours, and A The person l yehiAln used-pr4mar-11. "o eontainer fbir the storage of personal. on the ` ehieln items E. it shall eonstitute prima faeie evidenee of storage of a 3,Tehiele if the vehiele meets the within the City in violation of this seetion may be treated as an abandoned vehieke pur-suant to AMC 11.32 or abated pursuant to AMC 2.31. Violation of AMC 11.34.030 SECTION 11 241 0410 Stored Over-sized ynh• Ins u I'•I''tnil it is unlawful for any peirson to park or store any Oversized Vehiele on any publie right of- way exeept as provided in this ehapter. it shall eonstitute prima faeie evidenee of storage of a Oversized Vehiele if the Over-sized Vehiele is not within the exeeption in AMC 11 2A ncn Any Oversized Vehiele parked on the right o",aywitk~n the City in violation of this seetion may be treated as an abandoned vehiele pursuant to AAIC 11.32 or abated pursuant to AA4C 231. Violat-on of AMC 1 1.2,1.0 to 44 violation, SECTION 11 241 ncn Ti`xAnn+ions for Oversized Vehielns owner' A-R Oversized vehiele may Ibe legally parked on the publie right of way in front of o All of the following Ar,~e ~N■anca. s dwelling, provided it meets . eontiguous to the vehiele A. Is not parked lo more than seventy two (72) hours; D. Does not e..__°+i*._+e a hazard to +rnff a on the publiA s+.rn`Fs• C. Does not restiriet vision of motorists on the publie stir D. Does not obstruet view &om any other , E. 7 F. is operable, ineluding adequate tires; and Ordinance No. Page 12 of 21 To eomply with the seventy two (72) hour time restrietion, an oversized vehicle must be moved more than one hundred (100) feet from I'll-te parked loeation in whieh the seventy two (72) hour time period has-expired, CHAPTER 11.36 inapni TNDINr NI 1410 rS 11.36.010 impounding ofvehiele As provided in this seetion, a vehiele ma be n,l notiee and take > pairlKiRg > or other suitable storage plaee and theire kept '~y the owner oir an authorized agent 4 until afl apip.l.i.e.ation for its redemption is made vehiele may be removed when: A. The yehinln is ill A . Js of time,-o-~~ime when the vehiele interferes with the intended use of sueh l- other- reasonable disposition of thevehiele was available; C. A poliee offieer reasonably believes the vehiele operator does not possess avalid operator's lieense and eithtir- 4. is driving uninsured; or • Has failed to transfer- title of the 7 register 1 ear ORS 813.010. A vehiele intpou-nded pursuant to this seetion shall be held at the expense of the owner mr person entitled to possession of • Peirsonnel, equipment and faeilities of the eity or private tow eompanies may be used for the removal and storage of the vehiele. 11.36.01-5 Post -11IMPOUH11 After a vehiele has been impounded pursuant. to seetion 11.36.010 notiee shall be provided to the registered owner, if known, indieating; A. 71The l nn*i of the yehinln; B. That a lien has airisen on thevehiele in favor of the per-son who towed and is storing the v and • lien; That the vehiele may be sold at publie auetion to satisfy the owner, D. That a hearing on the validity of the impound may be held, if requested within fiv-e 11.36.020 Redemption Avehiele whieh has been impounded under this ehapter may be released to the registered or to the person op ernting ttl, le v elti-ele at the time of owner or- legal different, A. The owner or driver of the vehiele has paid all of the aeer-ued towing and sto eosts, Ordinance No. Page 13 of 21 unless th •n .i 'i by the hewrings off'AAr• and if any, on the vehiele. hold, B. The Poliee Department has ireleased its 11 26 030 Sale- A. if the "AI"Aln with the-ap-pYw-able pr-ovisions relating to the sale of abandoned vehieles; oF B. if a to", eompany took the vehiele into eustody, it, sliall have a lien on the vehiele fo Just- and reasonable towing aind storage sioft of the vehiele un t vl~v 1'n that attaehes to the Mile shall be a 1eO°-e- nor h'ff I I'Arl as aeeArd a„ee with ORS s ~ lsu 87.142 and shall 1 f e- noeci the lalc - - - ' d ] ORS 87.152 47 717 4fr-the, I alg uaal~ l hl v appraised value of the vehiele is S7_ off less, the vehiele shall be disposeds oxr:.n the manne A 'led in ORS 819.220. 11.36.04 ueara g II u The HAr must reque Ja un La he u N Ill person or in 1• a as dTATLTided in se io 11.36.015. The request may a. made-in Chief vrPolT . ri aalure 4e- the right to a B. Hearing Pr-oeedur-es. 1. \1,Ih timely, request f~l a heniring is made, a hearing shall be held before a hearing's offieer, • The hewring shall be set and eondueted within 72 hours of reeeipt of the 5 exeluding holidays S C'Mys and Sundays. The hearing ean be set for- a later date if t owner- or- per-sont entitled to possession so equests. • At the ' 4. The eity shall have the bur-den of prov.ing by a prepo ider-anee the validity of the C. D eiosion of. the Hearings hearings shall: 1. impouind of the vehiele was proper, the hearings offieer- a. Enter an ordeir supporting the iremoval; and b. Find that the owner oir per-son entitled to possession is liable foir any, towing and storage eharges resulting from the impounA-. 2. Impound of the vehiel . . 7 the hearings offieer- ' a. Oirder the vehiele released to the -owner- m person eiRtitied to pos b. Find that the owner or- per-son entitle.-I Lo is not liable-f "ft9_0T storage ehar-ges iresulting from the impound; and e. Order the eity, to satisfy the towing and stoirage lien. gJ Vlla. t,ff i 3. The deeision of the hear'11 as fir»1. A Failtwe to Appear at the Hewring. If the peirson requesting the hearing does not appea at the seheduled hearing, the hearings offieer may, enter- an oirder- supporting the impound and assessment of towing and stor-agt-e-o-sts, Ordinance No. Page 14 of 21 SECTION 3. New Chapter 11.26 as set forth below is hereby enacted as a replacement for repealed Chapters 11.24, 11.28, 11.32, 11.34 and 11.36: 11.26. 010 Application of State law The requirements in this Chapter 11.26 are to be applied in conformance with ORS 221 275, ORS-221.277, ORS 221.285-287, and ORS 221.333, which are incorporated herein by reference. 11.26.020 Prohibitions In addition to the parking prohibitions in the motor vehicle laws of Oregon, no person shall: (1) Except where the street is marked or where officially indicated otherwise, stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb or, if no curb, as close as possible to the edge of the shoulder; (2) Park on a street or in a City parking lot in a manner or at a time prohibited by official si ns• (3) Park on a street or in a City parking facility longer than the time specified by applicable official parking signs: (a) The period of time so specified shall begin when the vehicle is parked in a particular limited time zone on a particular block face; and (b) The period shall be terminated when the vehicle is moved and parked on a different block face, at which time a new period shall begin as stated in (a); (4) Park so as not to be entirely within the painted lines of a single parking space; (5) Park within an area marked off by traffic markers or by painted curb or pavement; (6) Park within 10 feet of a fire hydrant or within 30 feet of a fire station; (7) Park in a street intersection, including the area used for crosswalks, or upon a sidewalk, or upon a bicycle path; (8) Park upon a bridge, viaduct, or other elevated structure used as a street, or within a street tunnel, or upon anv parkway, unless marked or indicated by official signage otherwise; (9) Park across or within the entrance to an alley or driveway; (10) Park in an alley, except to load and unload persons or materials for not longer than 20 consecutive minutes in any 2 hour period; (11) Park in an unimproved portion of the front setback of any structure in any residential zoned district; (12) Park on any public right-of-way with expired vehicle registration; (13) Park on any public right of way with the principal purpose of: (a) Displaying the vehicle for sale; (b) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency; or (c) Selling merchandise from the vehicle, except in an established marked place or when so authorized or licensed under the ordinances of this City; or (14) Park, stand or stop a truck or bus on a public street or in a public parking area with its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be Ordinance No. Page 15 of 21 turned off when loading and unloading passengers or merchandise. This subsection shall not apply to: (a) An engine running for less than five minutes; (b) A vehicle in the moving traffic lane waiting to move with the normal flow of traffic; (c) An engine needed to operate equipment used to load or unload merchandise; or (d) Emergency vehicles, utility company vehicles, or any construction and maintenance vehicles which have engines that must run to perform needed work. 11.26.030 Exceptions to Prohibitions Notwithstanding prohibitions stated in Section 11.26.020, parking prohibitions do not apply: (1) On days or in areas City Council has designated by resolution as exempt from posted parking time limits; (2) To official City, state or federal vehicles necessarily in use for construction or repair work, or to a vehicle with a Special Permit for Delivery, Maintenance or Construction or to federal or private vehicles primarily used for the collection, transportation, or delivery of mail and parcels; (3) To vehicles used in official public improvement projects in accordance with the terms of a public contract or official permit. 11.26. 040 Obstructing Enforcement (1) No person shall erase, remove or otherwise conceal any mark made on a motor vehicle tiro by a person acting within authorization by the City to enforce any provisions of Chapter 11.26. (2) No person shall discard, mutilate, or destroy any summons or complaint or citation formally issued for violation of any provisions of Chapter 11.26, if the matter complained of has not been finally resolved by the court having jurisdiction over the summons or complaint. (3) No person shall intentionally act in a manner that prevents, or attempts to prevent, a person from officially performing lawful duties to enforce provisions under Chapter 11.26. 11.26.050 Abandoned Vehicles (1) It is unlawful to park, store, leave, or permit the parking or storing of an abandoned vehicle upon any public or private property within the City for a period of time in excess of 72 hours, unless the vehicle is (1) completely enclosed within a building; or (2) stored in connection with a lawful business enterprise allowed to store such vehicles outside. (2) If the owner of an abandoned vehicle or the private property owner or lessee responsible for placement, or allowing for or assisting in the placement of the subject vehicle in front of or contiguous to his or her real property fails to remove the vehicle after notice is provided as required in ORS 819.170, then the Chief of Police or the Chiefs designee may tow the vehicle and dispose of it in accordance with ORS 819.110(1)(a), 819.110(2)-(5) and ORS 819.120 through ORS 819.280. Ordinance No. Page 16 of 21 11.26.060 Storing Vehicles (1) Except as otherwise provided, no person owning or controlling an oversized vehicle shall cause or permit it to be parked within any public right-of-way for longer than 24 consecutive hours. a An Oversized vehicle may be legally parked on a public right-of-way in front of or contiguous to the vehicle owner' s dwelling, provided it meets all of the following criteria: A. Is not parked for more than 72 hours; B Does not constitute a hazard to traffic on public streets; C Does not restrict vision of motorists on a public street; D. Does not obstruct view from any other property; E. Has a currently valid license or registration; F. Is operable, including adequate tires; and G Is attached to a vehicle if required for movement of the oversized vehicle. b To comply with the 72 hour time restriction, an oversized vehicle must be moved more than 100 feet from the parked location at which the 72 hour time period has expired. (2) It is unlawful for any person to park or store any personal vehicle on any public right- of-way: A. For more than 72 hours, and i. In a manner that results in the accumulation of debris around or under the vehicle or in a condition that prevents it from being driven, including flat tires; or ii The personal vehicle is being used primarily as a container for the storage of personal items in or on the vehicle. 11.26.070 Loading Zones (1) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials, freight, or passengers in a place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. A stop for loading and unloading of passengers and personal baggage must not exceed 5 minutes. A stop for loading or unloading of materials must not exceed 15 minutes. (2) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in a place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect. 11.26.080 Buses or Taxis The driver of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than at a bus stand, except that this provision shall not prevent the Ordinance No. Page 17 of 21 driver of a taxicab from temporarily stOpping for the purpose of and while actually engaged in the loading or unloading of passengers or from parking in compliance with sections 11.26.020 -11.20.030 of this chapter. 11.26.090 Penalties Violation of any provision within 11.26.010 to 11.26.090 is a Class II violation, punishable in accordance with AMC 1.08.020, and the vehicle is subject to the methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. 11.26.100 Restricted Parking Areas, Hours and Limits (1) Parking areas, effective hours, and time limits shall be established by traffic regulations promulgated and published by the City Administrator as authorized in section 11.12.010 to 11.12.050. (2) City Parking Lot Parking in any parking lot owned by the City shall be restricted and controlled under the authority of the City Administrator. 11 26 110 Penalties, Immobilizers Installation, Towing, Warning Letter, Show Cause, and Warrants After the City posts a notice of violation on the vehicle parked in violation of this chapter, the owner or operator of a vehicle is subject to the fines and other penalties provided in this chapter, and such vehicle is subject to the methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. (1) Penalties for parking violations. (a) Fines Presumptive fines for each parking violation and enhanced penalties for multiple parking violations within any calendar year shall be established by resolution of the City Council. 1 A presumptive fine is the fine amount imposed against a person who pleads ito contest to or is otherwise found guilty of a violation and is separate from and in addition to other penalties or charges provided herein, including any penalties for multiple parking violations. 2 A presumptive fine for a parking violation under this section will be imposed unless the court finds reasonable grounds for either increasing or reducing the fine. 3 Fines shall include the original ticketed amount and any enhanced penalties, if such penalties are established. (2) Immobilizer (boot) Installation and /or Towing. (a) When a registered owner of a motor vehicle has either (1) five or more outstanding unpaid City of Ashland parking violations on any number of motor Ordinance No. Page 18 of 21 vehicles, or (2) a City of Ashland parking violation, or any number of such violations, with a total unpaid balance that exceeds 5150, regardless of the number of motor vehicles involved, then any City enforcement official is authorized, directed and empowered to immobilize such a motor vehicle or vehicles found upon a public street within the City or in a City off-street parking lot by installing on or attaching to the motor vehicle a device designed to restrict the normal movement of the vehicle In the alternative, or in addition to immobilization, after 24 hours has elapsed, any City enforcement official authorized, directed and empowered to order such vehicle towed, by a licensed tow company under contract with the City or its designee, as applicable. (b) For purposes of this section, bail or fine shall be outstanding on a citation when the citation is issued and shall remain outstanding until the bail is posted or the fine is aid. (c) Ten days before immobilizing or towing a vehicle according to the provisions of this section, the City, or the City's contracted parking enforcement service provider shall post a notice on the vehicle or mail a notice by certified mail, return receipt requested, to the registered owner of such vehicle as shown by the records of any relevant state motor vehicles department notifying the owner that the motor vehicle or vehicles may be immobilized and/or towed if outstanding parking bail or fines have not been paid within ten days after posting or mailing of the notice. (d) If the vehicle is so immobilized, the person who installs or attaches the device shall conspicuously affix to the vehicle a written notice on a form approved by the City, advising the owner, driver, or person in charge of the vehicle that it has been immobilized pursuant to this section and that release of the vehicle may be obtained upon full payment of the outstanding balance owed to the contracted parking enforcement service provider. The notice shall also specify that the vehicle is subject to tow. (e) In the event the vehicle is towed, the person who orders the tow, shall send by certified mail, return receipt requested, a notice advising the registered owner of the vehicle that it has been towed pursuant to this section and that release of the vehicle may be obtained upon receipt by the towing company of full payment of the outstanding balance owed. (f) A vehicle towed and impounded pursuant to this section shall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, equipment and facilities of private tow companies under contract with the City or the contracted parking enforcement service provider may be used for the removal and storage of the vehicle. 3. Warning Letter, Show Cause, and Warrants Ordinance No. Page 19 of 21 (a) Warning Letter. The Ashland Municipal Court may choose to send a warning letter by first class mail informing defendants they have outstanding parking tickets and that their attendance is necessary at a preliminary hearing before issuing a show cause order and warrant. (b) Show Cause The Ashland Municipal Court may issue an order that requires a defendant to appear and show cause why the defendant should not be held in contempt of court, including contempt for failure to appear as ordered or failure to comply. The show cause order shall be mailed to the defendant by certified mail, return receipt requested, no less than ten days prior to the appearance date; alternatively service may be made by any other recognized method, such as personal service according to the same timeframe. (c) Warrant If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. SECTION 4. Chapter 10.68.400 Vehicle access to Calle Guanajuato is hereby amended as set forth below: 10.68.400 Vehicle access to Calle Guanajuato A. Access by vehicles to Calle Guanajuato, that area located between Winburn Way and North Main Street, is prohibited between the hours of 11:30 A.M. and 10:00 P.M., Monday through Friday, and 8:00 A.M. and 10:00 P.M. Saturdays from May 1 through October 31. B. The Ashland Parks and Recreation Commission may issue permits for access during the hours of closure for vehicles of property owners or lessees that have parking spaces on private land accessed through Calle Guanajuato, or for other functions that are approved by the Ashland Parks and Recreation Commission. C. When not otherwise prohibited, parking in Calle Guanajuato shall be limited to loading and unloading only, and for a period not to exceed 5 minutes. D. Any vehicle parked in violation of this Section shall be subject to the penalty contained in Section 10.68.350, and as well, is subject to Chapter 11.36 of theAshland Munieipall . methods for impounding, appeal, and disposition as provided under ORS 819.110 - ORS 819.280, or as may otherwise be provided in this chapter. SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing Ordinance No. Page 20 of 21 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 6. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i.e., Sections 5-7 need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _day of 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David x. Lohman, City Attorney Ordinance No. Page 21 of 21