HomeMy WebLinkAbout2016-1018 Council Agenda PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the
Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council
Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 18, 2016
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of October 3, 2016
2. Business Meeting of October 4, 2016
VI. SPECIAL PRESENTATIONS & AWARDS
1. Annual presentation by the Public Art Commission
2. Presentation regarding municipal stormwater discharge permit update
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 Nathan Lewis to the Forest Lands Commission
3. Appointment of Asa Cates to the Tree Commission
4. Approval of a public contract exceeding $75,000 for Hosted Credit Card
Payment System (interfaced to Tyler Technologies - MUNIS)
5. Liquor license application for Stoel Rives, LLP dba ARCO AM/PM
6. Approval of a change order in excess of 25% for reservoir sediment removal
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. Continued discussion of Lithia Way/Pioneer Street beautification project
XI. NEW AND MISCELLANEOUS BUSINESS
1. Remove public art from Chapter 18
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First reading by title only of an ordinance titled, "An ordinance repealing and
replacing AMC Chapter 6.40 by adoption of state and county regulation" and
move to second reading
2. Approval of a resolution titled, "A resolution authorizing the City of Ashland to
provide a city building for a winter shelter two nights per week through April
2017"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE
CHANNEL I80. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City Council Study Session
October 3, 2016
Page 1 of')
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday October 3, 2016
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room.
Councilor Seffinger, Marsh, Rosenthal, Morris, Voisin, and Lemhouse were present.
Mayor Stromberg moved agenda item #4 after item #1 Public Input.
1. Public Input
Huelz Gutcheon/2253 Hwy 99/Proposed a new way of recording city meetings and thought all video
recordings of city meetings should have a permanent retention instead of the state's one-year retention
requirement.
Sam Younghans/1650 Sunset Street/Submitted a document into the record regarding leaf blowers. He
explained how in addition to noise, leaf blowers were a health hazard due to people inhaling the particulate
matter.
2. Presentation regarding PAC mural guidelines
Management Analyst Ann Seltzer explained the Public Art Commission (PAC) developed the Public Art
Mural Packet Guidelines and Process in 2013 and had refined them over the past several months for clarity.
PAC Chair Margaret Garrington further explained the Public Art Mural Packet Guidelines and Process
helped the applicant follow the process in the Ashland Municipal Code (AMC). She reviewed the selection
guidelines in AMC 2.29.130 Guidelines for recommendation by the Commission. Barry Thalden, a
citizen who spearheaded and provided funds for murals at the Ashland Emergency Food Bank and on the
Calle Guanajuato also added suggestions to the process.
Changes included adding the following bullets under Overview:
• Applicants without professional mural experience may apply but should partner with a
professional muralist.
• Applicant must provide a budget for the project and if the project is approved funding must
be in place before work can begin.
• Proposed murals are reviewed by the PAC, by the Historic Commission if required, and if
recommended by the PAC, approved by the City Council.
• Murals shall not be proposed for installation on building facades with a public entrance.
• Murals shall not be proposed for installation on an unpainted facade surface (natural brick,
stone) of a historic building.
• The number of murals per block may be limited.
Ms. Seltzer and Chair Garrington noted murals were not appropriate in historic districts. Council suggested
rewriting the bullet "murals shall not be proposed for installation on building facades with a public
entrance" to "murals on the building of a public entrance were subject to special considerations around a
proposal that includes such an element." Another suggestion wanted more language that ensured the
Historic Commission reviewed the preliminary design in addition to the language regarding murals on
historic buildings.
City Council Study Session
October 3, 2016
Page 2 of 3
Chair Garrington explained a preliminary design was a small sketch of the concept. It gave the applicant
an opportunity to get initial feedback and guidance from the PAC. She noted the use of the word "promptly"
and suggested adding, "in order to facilitate timely PAC reviews throughout the mural preparation and
painting process, the applicant may provide staff a schedule of dates for completion of each mural stage
addressed below."
Mr. Thalden supported the new guidelines. They were in 1 me with the contract he had with the City when
producing the two murals he had initiated. He thought Council should formally adopt the guidelines to
strengthen them and add validity.
Chair Garrington and Ms. Seltzer explained students interested in adding a mural to the Community Skate
Park would go through the same process and work with a professional artist. The Park Commission would
participate in reviewing the proposal.
Ms. Seltzer clarified they used the language, "final approval of the installed mural," because once the mural
was installed the easement occurred and the City was accepting a piece of art. Accepting it prior meant the
City was approving a blank wall. She further clarified the PAC would take the applicant through the
process, review the concept, and make a recommendation to Council on whether to accept the mural or not.
At this point, the mural concept was a paper sketch. The PAC would review the process at three points,
wall preparation, color, and the final painting. This ensured the artist executed the mural according to what
the Council approved.
The Commission would review Mr. Thalden's suggestions and bring a resolution to Council for further
discussion and approval.
Council suggested revising the language stating the agreement was in effect for five years and could be
terminated at that time, to the agreement would remain in effect until terminated.
The City would maintain the mural. The $500 deposit to the City covered costs to paint over the mural if
it did not turn out well. Ms. Seltzer explained the use of the words "professional design" referenced bullet
number two under Overview, "Applicants without professional mural experience may apply but should
partner with a professional muralist," to ensure the sketch was gridded accurately and translated from sketch
to wall. Working with a professional muralist helped ensure the project was successful.
Mr. Lohman confirmed the City was responsible for maintenance and repair of the mural during the life of
the agreement. Ms. Seltzer clarified changing the 300-foot requirement under 2.29.100 (B)(2) applied to
the selection panel and would require changing the ordinance. Chair Garrington further clarified an
application for a mural did not require a selection panel or subsequently mailing postcards.
Ms. Seltzer explained the public art guidelines did not apply to exterior walls on private property, schools,
or the university that could not be seen from the public right of way. Mr. Lohman added the ordinance on
public art was actually a narrow exemption of the sign code. A piece of art intended for public viewing
needed to be in compliance with the sign code or accepted as public art. Displaying temporary art pertained
to the sign code, not AMC 2.29, or the mural process.
Council majority supported the changes coming through as a resolution.
Councilor Lemhouse left the meeting at 6:41 p.m.
Council wanted wording other than "shall not," in the Overview.
City Council Study Session
October 3, 2016
Page 3 of 3
Ms. Seltzer explained removing language in Chapter 18 regarding public art would come before Council at
the October 18, 2016 Council meeting. For the mural guidelines, she would make the changes Council
suggested, get the PAC's input on public facades, building entrances, and the Historic District, and bring a
resolution to a future Council meeting for adoption. The City would grandfather items already installed.
3. Look Ahead review
City Attorney Dave Lohman reviewed items on the Look Ahead.
4. Discussion of custom questions to include in the Citizen Survey
Management Analyst Ann Seltzer provided background on the Citizen Survey developed by the National
Research Center. The City could include one open ended question and three custom questions in the survey.
Council supported using the following for the open ended question in the survey: Did you see a decrease
in negative behavior in downtown Ashland between the summer of 2015 and the summer of 2016?
Council discussed the possibility of asking a question on establishing citywide electric shuttle service and
decided to direct that to the Public Works Department who had researched information on the matter
previously.
Councilor Voisin left the meeting 7:31 p.m.
Council agreed to use the following custom questions in the survey:
1. Should the City invest in making City Hall seismically sound?
2. The City will begin its biannual budget setting process in the spring. There are several issues
competing for limited resources. Please rank the following in order of your priorities with #1 as
the highest.
• Police staffing
• Fire staffing
• Homeless services
• Funding for affordable housing
• Emergency preparedness
• Reduce Ashland's carbon footprint and mitigate the effects of climate change
3. Use the question from the last survey on how the public gets their information.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
City Council Business Meeting
October 4, 2016
Page 1 of 3
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 4, 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, Lemhouse, Seffinger, Rosenthal,. and Marsh were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced a vacancy on the Public Arts Commission.
He recently toured Asante Hospital and noted a presentation regarding the hospital would occur at a future
Council meeting.
Mayor Stromberg requested Council postpone the Downtown Beautification Project update under New &
Miscellaneous Business to the October 18, 2016 Council meeting due to new information. City Attorney
Dave Lohman clarified recent email correspondence sent to Council regarding tree removal was not a part
of the discussion. The project focused on the southeast corner of Pioneer Street and Lithia Way. Councilor
Lemhouse further clarified there was not a plan for the lot on Pioneer Street and no plan to remove the trees.
Councilor Rosenthal/Lemhouse m/s to postpone the Downtown Beautification Project update until
the October 18, 2016 Council meeting. DISCUSSION: Councilor Rosenthal thought it was worthwhile
to take the two weeks for possible consensus building. Councilor Lemhouse supported listening to more
ideas and finding a solution. Councilor Voisin wanted the discussion to be public for transparency. Mayor
Stromberg responded the meeting was a technical meeting involving staff and contractors and would not
involve the public. He would report to Council with substantive information. Councilor Seffinger
expressed concern how people were currently utilizing the corner and wanted that considered as well.
Voice Vote: Councilor Morris, Lemhouse, Seffinger, Rosenthal, and Marsh, AYES; Councilor
Voisin, NAY. Motion passed 5-1.
APPROVAL OF MINUTES
The minutes of the Study Session of September 19, 2016, Business Meeting of September 20, 2016 and
Executive Session of September 20, 2016 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
General Manager for the Mt. Ashland Association, Hiram Towle gave an update on what was happening at
Mt. Ashland Ski Resort along with the year in review. During the 2015-2016 winter, Mt. Ashland Ski
Resort was open for 88 days and 22 nights. The average was 90 days. The ski resort had 68,860 skier visits
falling short of the resort's ongoing goal of 70,000. The mountain received 23-feet of snow over the winter.
Mt. Ashland achieved record revenues in 2016 of nearly $2,500,000 since it began the five day a week
operations. The Snow Sports Department taught 4,000 adults and children to ski and snowboard. The after
school program saw approximately 1,000 students. Retail, food, and beverage excelled with retail
surpassing revenue projections by $56,000. The 7500' Crew was a program partially funded by College
Dreams where students who have no prior work experience work half day then have the option to ski or
take a lesson the rest of day at no charge. There were multiple volunteer days focused on various tasks and
projects.
City Council Business Meeting
October 4, 2016
Page 2 of 3
For the 2016-2017 season, they hoped to open Saturday, December 10, 2016. Long-range forecasts were
looking favorable. The ski resort was prepared to operate on low snow if necessary. They were looking
into improving the rental shop and updating rental equipment. They installed a 28K solar system that will
offset 12% of the resort's electric usage. The resort would also open the Bistro weekends and holidays to
address long lines experienced in the Cafe last year. They were looking into remodeling the ski lodge
within its current footprint to better direct and serve customers as well as improve operations. He described
the resort's learn to ski programs for children, adults, and seniors.
The ski resort used a Ski Hopper shuttle van that ran from Medford, Phoenix, and Ashland. They were
working on improving shuttle times and days and looking for sponsors to fund the service.
Council appreciated the comprehensive report and the positive improvements that had occurred at the resort.
Ron Roth/6950 Hwy 99/Shared his 40 years' experience with Mt. Ashland as a food provider and a board
member. He suggested a Mt. Ashland summit meeting sponsored by Mt. Ashland Association and co-
sponsored by the City that would also involve environmental groups. He wanted the City to contribute
$100,000 to the Mt. Ashland Association contingent on the ski resort returning to a seven-day operation.
He noted the benefits of running the resort seven days instead of five.
PUBLIC FORUM
Caroline Shaffer/288 Morton Street/Spoke regarding the sewage incident in her home almost one year
ago. Vendors and creditors were pushing for payment that could mean bankruptcy for them. She asked
Council to provide assistance and advocacy regarding the matter.
Huelz Gutcheon/2253 Hwy 99/Spoke on the rising property values, and the willingness of the people
moving to town to pay higher housing costs, and questioned Ashland's ability to handle the influx. The
increase in population decreased the happiness index and affected quality of life. He suggested Ashland
replace old houses with zero net energy times two autonomous homes and suspected property values would
increase even more.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees
2. Liquor license application for Brian Dunagan dba Ashland Wine Cellar
3. Appointment of Piper Von Chamier to the Historic Commission
4. Adoption of Denial Findings for 150 North Pioneer Street zone change request
5. Award of Bid to Vitus Construction for Improvements to Garfield Park
Jason Minica, the project manager for Parks and Recreation explained the Garfield Park project would
convert the basketball court to a regular sized arena, refurbish the volleyball courts to regulation-sized
courts, add a Cascade- Siskiyou Scenic Bikeway shelter, two picnic shelters, and enhance the splash pad as
well as miscellaneous improvements. Parks and Recreation Director Michael Black added staff bonded
$850,000 through the revenue stream received from the Food and Beverage Tax. They ended up creating
a master plan for the park and were able to afford all the upgrades with the bond.
Councilor Rosenthal/Lemhouse m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS None
UNFINISHED BUSINESS None
City Council Business Meeting
October 4, 2016
Page 3 of 3
NEW AND MISCELLANEOUS BUSINESS
1. Downtown Beautification Project Update
Item postponed to the October 18, 2016 Council Meeting.
ORDINANCES, RESOLUTIONS AND CONTRACTS None
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Lemhouse noted the Ashland High School Volleyball Dig Pink Breast Cancer Awareness
fundraiser was currently happening for a local schoolteacher fighting breast cancer.
Councilor Voisin announced an update by Julie Akins on Tracking the Homeless Crisis from Seattle to LA
would occur October 11, 2016 from 7:00 p.m. to 8:00 p.m. at the Ashland Library.
Councilor Seffinger attended the Smart Cities Conference in Washington DC and would provide
information to Council and post it on the City website as well.
Councilor Rosenthal announced the Climate and Energy Action Plan ad Hoc Committee meeting would
occur October 5, 2016 at 3:30 p.m. in the Siskiyou Room at 51 Winburn Way with another meeting Saturday
October 15, 2016 from 9:00 a.m. until noon.
Councilor Marsh announced Saturday, October 8, 2016 was the Green Bag Drive at the Ashland Emergency
Food Bank. She was grateful to the community for participating in the program.
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned at 8:03 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
CITY OF
ASHLAND
Memo
DATE: October 18, 2016
TO: Mayor and City Council
FROM: Sandy Friend, Chair Public Art Commission
CC: Public Art Commission Members
Ann Seltzer, staff liaison, Greg Lemhouse, council liaison
RE: Annual Report to the Mayor and City Council
Mayor and City Council,
The Public Art Commission is pleased to report our work over the past year and our focus in the months ahead.
Gateway Island Project
Following the Council's selection of Susan Zoccola's concept, `Threshold', the City entered into a contract with
the artist scheduling installation of the piece in September, 2017.
Theatre Corridor
As you know, Council approved the Call for Artists/Request for Qualification for public art to be installed along
the walkway leading to the Thomas Theater from East Main Street at its June 7 meeting. The Call was posted
on the city website July I and widely noticed to the Commission's extensive Artist Contact List. As of the
October 3 submission due date, the Commission had received 28 submissions from local, regional and national
artists. The Commission established a time line for the RFQ review period which began Oct. 4 and is scheduled
throughout October and November culminating in notification of the selected artist prior to December 15.
The next step will be to collect responses from the public to questions about the Ashland community and the
Theater Corridor site. These response will be provided to the artist. Beginning in January, we are planning
opportunities at the library for the community to respond to the questions, and will hold a listening session on
the February First Friday at the Ashland Art Center. The selected artist will be in town and will attend this
event. The timeline for this project requires the selected artist to submit two design concepts which must include
digital or physical models, a description of the integrated lighting components, specifications and samples of all
materials, installation requirements, and a budget by August 1, 2017. Public presentations and concept
selection by a community Selection Panel will be scheduled, and a recommendation to the Council is tentatively
planned for September 2017.
City Entry Signs
The Commission has received very positive comments on the City entry signs that were installed in May at the
three entrances to the City.
Calle Guanajuato Mural
The process to approve and create/install the Calle mural is testimony to the amazing cooperation between the
mural sponsor, City staff, the artist and her mentor, Denise Baxter, the Public
Art Commission, various city departments and other commissions. The completed mural has received universal
1
praise, and serves as an example of public art that captures the heart of the community. The time and effort for
City staff and the cost to the project donor to work through the process as outlined in the current Land Use Code
18.5.2.020 requiring Site Design Review for installation of public art has led staff to propose modifications that
remove Public Art installations from the Land Use Code and Appeal process.
Proposed changes to City Ordinances that affect the Public Art Commission
Changes to AMC 2.29.165 are proposed that preserve the current practice of the Historic Commission to
review public art design concepts using the design standards established in AMC 18.4.2, ensure that the Historic
Commission has input on the Call for Artists prior to publication (2.24.060) and affords all City commissions
the opportunity to review proposed public art design concepts.
Public Art Murals, Guidelines and Process
The Commission has finalized the Mural Guidelines and Process for executing/installing murals on public or
private property within the City. The Guidelines describe the criteria for approval and outline the process for an
applicant and for the Public Art Commission. Once Council-recommended modifications to the Guidelines are
complete, we would anticipate that the Council will approve the completed document by Resolution in the near
future.
Art in the watershed
In April, the PAC reviewed the artist concepts for a second watershed sculpture and recommended an artist and
her proposed concept to be fabricated and installed on Bandersnatch.
2017-2020 PAC Strategic Plan
The Commission met on October 11 to review our 2013 completed goals and to identify new goals and to
develop a Work Plan to implement those goals over the next three years. Our prioritized goals include:
■ Successful completion of current and ongoing projects,
■ Expanding public awareness of public art including a strategy to develop a visual presentation on
The What and Why of Public Art!,
■ Strengthening relationships with other commissions and organizations,
■ Reviewing and updating the Commission processes to include developing guidelines for
accepting donated art into the City collection as well as re-formatting the RFQ application based
upon lessons learned with the Gateway and Theatre Corridor projects, and
■ Identifying possible sites for public art both downtown and out of downtown.
Like you, we are volunteers with a deep commitment to Ashland. Thank you for the opportunity to serve our
community and thank you for your work on behalf of all of us.
2
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Municipal Stormwater Discharge Permit Update
FROM:
Julie Smitherman, Water Conservation Specialist, Public Works, Julie.smitherman(.(ashland.or.us
SUMMARY
Like many communities in Oregon, Ashland's current municipal stormwater discharge permit (MS4)
has expired. The Oregon Department of Environmental Quality (DEQ) is in the process of creating
new MS4 permit rules that will increase each community's responsibilities. This update provides
Council with information on the proposed permit regulations governing small municipal stormwater
systems. The final permit was scheduled to be issued by DEQ on September 30, 2016, however they
recently delayed implementation for an indefinite period of time.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Ashland has an existing comprehensive stormwater program to limit the amount of
pollutants that enter local streams in compliance with our current MS4 permit. Many municipalities
throughout the state of Oregon are required to have a permit which regulates the discharge of
stormwater into local streams. The permit requires that multiple actions be taken to ensure that water
discharged into streams from storm drains and runoff is safe and does not harm water quality or
people's health. The City of Ashland is an active participant in regional efforts to meet compliance
standards. DEQ is the governing authority for enforcing the requirements outlined in the permit.
For the past couple of years DEQ, with direction from the Environmental Protection Agency (EPA),
has been amending the permit and adding more prescriptive public education, monitoring and reporting
requirements. Although the requirements in the permit are intended to protect our water ways, public
health, and adapt to the changing climate, the new proposed regulations pose significant financial
implications to many municipalities.
The City of Ashland, along with other municipalities and interested parties including representatives
from the Association of Clean Water Agencies (AC WA), have been active participants in the new
permit development process, providing comments, concerns and questions to DEQ on each draft
permit revision. The final permit was scheduled to be issued with the new requirements on September
30, 2016 with a compliance deadline of July 1, 2017. However, DEQ recently announced that the new
MS4 rulemaking process was on hold for an undetermined amount of time.
If the new MS4 regulations are approved as currently written, Ashland will have to provide sufficient
funds and staffing to meet the new requirements, those additional tasks are as follows:
Page 1 of 3
~r
CITY OF
ASHLAND
Additional Tasks Workload Notes
Visual inspection, Clean and televise 20% of the Costs to be
mapping and cleaning conveyance system every 5 years. shared 50%
of 20% of the entire Detailed reporting on each site stormwater 25%
stormwater (picture, location, hazards, trouble water, and 25%
conveyance system spots etc.) Requires purchasing a new electric
every 5 years stormwater sewer cleaning vacuum
truck
Implement Conduct pre, during, post Currently have
construction construction inspections 3 O&M for
inspection program inspections per site) and storm event properties over
which includes site inspections an acre. Will have
inspecting to develop a
construction sites template that can
greater than 5,000 be modified to be
square feet site specific
Ongoing pollution Sample and test all outfalls and Annual
prevention and illicit potential selected catch basins. In
discharge detection addition, inspect all stormwater
and elimination control systems (bio swales,
infiltration basins etc.)
Educate city staff, Increased workload (over the counter Annual
developers and time, field time, classes and
contractors on new educational brochures). Partner with
requirements RVCOG (we already pay them $6,000
a year to help with outreach)
Code review and LID working group through SWAT is Could evolve into
update to incorporate working to simplify the template to 50 - 60 hours a
Low Impact make it specific to the Rogue Valley. year to maintain
Development (LID) It use to be more general and now it
will be site specific
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
If and when these new regulations are adopted, the City of Ashland will be required to implement them
into the current stormwater management program. Staff have been closely following the process for
the newly proposed rules. The following table outlines new tasks associated with the proposed
changes including the staff time/workload necessary for implementation.
Potential new costs to meet the new MS4 rules are as follows:
Page 2 of 3
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CITY OF
ASHLAND
Resources Needed Expense Fund Frequency
Vacuum Truck $4500 Street Collections Annual
Vacuum Truck Equipment $101000 Street Collections Annual
(hoses jets, etc.)
Street Collections
1 Water Resources Staff $80,000 Annual
transfer to Engineering
Street Collections
1 Engineering Vehicle $10,000 transfer to Engineering Annual
Pipe / Slurry / Repairs $60,000 Street Collections Annual
Annual Subtotal $2059000
Street Collections
1 Office Space $5,000 transfer to Engineering One Time
Large diameter storm line $1800 Street Collections One Time
Camera Equipment
One-time Subtotal $23,000
Combined Total $2289000
Notes:
• Existing Water Resource Technician is dedicated 1/2 time to NPDES & TMDL and the other
half to Federal Energy Regulatory Commission (FERC) related compliance issues for Reeder
Reservoir.
• The total cost for a new VAC truck is estimated at $450k and would be on a 10 year
replacement schedule. Cost for proposed new VAC Truck split 50% stormwater, 25% water
and 25% electric.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
National Pollution Discharge Elimination System Draft General Permit
AC WA Letter
Page 3 of 3
174VI
a
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 1 of 48
GENERAL PERMIT
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Mateofdregrm MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) DISCHARGE PERMIT
Department of
Environmental Oregon Department of Environmental Quality
Quality
811 SW Sixth Avenue, Portland OR 97204
Telephone: (503) 229-5279 or 1-800-452-4011 (toll free in Oregon)
Issued pursuant to ORS 46813.050 and Section 402 of the Federal Clean Water Act
REGISTERED TO:
MAJOR RECEIVING STREAMS:
WASTE LOAD ALLOCATIONS (if any):
SOURCES COVERED BY THIS PERMIT:
In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et. seq.), this
permit authorizes discharge from existing and new sources of stormwater from the Permit Registrant's
small municipal separate storm sewer systems to waters of the State in accordance with the conditions and
requirements set forth herein
Effective: January 1, 2017
Lydia Emer, Operations Administrator Expiration Date: December 31, 2021
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 2 of 48
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge municipal
stormwater to waters of the state only in conformance with the requirements and conditions set forth in
the attached schedules. Where conflict exists between specific conditions (found in Schedules A-D) and
general conditions (Schedule F), the specific conditions supersede the general conditions.
Unless specifically authorized by this permit, by regulation issued by EPA, by another NPDES permit or
a WPCF permit, or by Oregon Administrative Rule, any other direct or indirect discharges to waters of
the state is prohibited, including discharges to an underground injection control system.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 3 of 48
TABLE OF CONTENTS
APPLICABILITYAND NOTIFICA TION REQUIREMENTS 5
1. Eligibility .........................................................................................................................................5
2. Permit Coverage Area 5
3. Operators of Small Municipal Separate Storm Sewer Systems (MS4s) ...................................5
a. Existing Permittees 5
b. New Permittees 6
4. Individual Permit ...........................................................................................................................6
a. Permit Registrant Request for Individual Permit .....................................................................6
b. DEQ Individual Permit Decisions 6
5. Discharge Authorization ...............................................................................................................6
6. Application Requirements .............................................................................................................7
a. Application Deadlines 7
b. Application Form 7
C. Application Submittals ............................................................................................................7
d. Co-Permittees Under a Single Permit Application 7
e. MS4 Permit Renewal Application 7
SCHEDULE A - EFFL UENT LIMITATIONS, CONDITIONS, AND STORMWA TER
MANAGEMENT PROGRAM 8
1. Authorized Discharges ...................................................................................................................8
a. Limitation of Coverage 8
b. Non-Stormwater Discharges 8
C. Authorized Non-Stormwater Discharges 8
2. Permittee's Responsibilities 9
a. Coordination Among Permittees and Joint Agreements
3. Stormwater Management Program 9
a. Reduce the Discharge of Pollutants from the MS4 9
b. SWMP Plan Document ..........................................................................................................10
C. SWMP Minimum Control Measures Implementation Dates 10
d. SWMP Resources and Assessment 10
4. SWMP Minimum Control Measures .........................................................................................11
a. Education and Outreach 1 1
b. Public Involvement and Participation ....................................................................................13
C. Illicit Discharge Detection and Elimination 13
d. Construction Site Runoff 18
e. Post-Construction Site Runoff ...............................................................................................21
f. Pollution Prevention and Good Housekeeping for Municipal Operations ............................25
SCHEDULE B - MONITORING AND REPORTING REQUIREMNTS 28
1. Monitoring Requirements 28
2. Recordkeeping ..............................................................................................................................28
a. Records Retention ..................................................................................................................28
b. Availability of Records ..........................................................................................................28
C. Annual Report ........................................................................................................................28
d. Submissions 29
e. Addresses 29
SCHEDULE C - COMPLIANCE CONDITIONS AND DATES 30
SCHEDULED -SPECIAL CONDITIONS 31
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 4 of 48
1. Legal Authority ............................................................................................................................31
2. Requirements for Water Bodies with CWA Section 303(d) Listed Pollutants and TMDLs.31
3. Definitions: ...................................................................................................................................34
SCHEDULE F - NPDES PERMIT GENERAL CONDITIONS - MUNICIPAL SEPARATE STORM
SEWER SYSTEMS 39
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 5 of 48
APPLICABILITY AND NOTIFICATION REQUIREMENTS
1. Eligibility
This permit authorizes discharges of stormwater from small municipal separate storm sewer systems
(MS4s). Owners or operators (hereafter referred to as "operators") of small MS4s are authorized to
discharge stormwater under the terms and conditions of this permit, if they meet the following criteria:
a. Own or operate a small MS4, as defined in 40 CFR § 122.26(b)(16) (see Schedule D for
definition);
b. Are located fully, or partially, within an Urbanized Area, as determined by the latest Decennial
Census conducted by the U.S. Bureau of Census as defined by 40 CFR §122.32(a)(1); and
c. Discharge stormwater from the MS4 to surface waters of the State.
In addition, any small MS4 designated by DEQ as being a significant contributor of pollutants to
waters of the United States pursuant to 40 CFR § 122.26(a)(1)(v) and/or 122.32(a)(2) is eligible for
permit coverage.
2. Permit Coverage Area
Permit coverage applies to the area served by the small MS4 located fully, or partially, within an
Urbanized Area in the State of Oregon as defined by the latest Decennial Census conducted by the
U.S. Bureau of Census. If the small MS4 is not located entirely within an Urbanized Area, only the
portion that is within the Urbanized Area is considered the minimum permit coverage area, as defined
in 40 CFR § 122.32(a)(1).
3. Operators of Small Municipal Separate Storm Sewer Systems (MS4s)
All operators of a small MS4 that meet the Eligibility requirements identified above must apply for
and obtain coverage under this general permit or obtain coverage under a separate individual permit,
unless the small MS4 has qualified for and obtained waiver in accordance with condition 40 CFR
§ 122.32.
a. Existing Permittees
The operators of the small MS4s listed below are currently covered by individual NPDES MS4
stormwater discharge permits and have met the eligibility requirements of this general permit.
These MS4s submitted a complete renewal application and are not required to submit a new-
permit Application for coverage. Hereafter the following small MS4s are referred to as "Existing
Permittees":
i. City of Ashland
ii. City of Bend
iii. Benton County
iv. City of Corvallis
V. City of Keizer
vi. Lane County
vii. Marion County
viii. City of Medford
ix. City of Philomath
X. Polk County
Xi. Rogue Valley Sewer Services - Co-Permittees (Jackson County, City of Central Point, City
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 6 of 48
of Phoenix, City of Talent)
xii. City of Springfield
xiii. City of Troutdale
xiv. City of Turner
xv. City of Wood Village
b. New Permittees
Any operator of a small MS4 not identified as an Existing Permittee, who seeks coverage under
this general permit must submit a timely and complete new-permit application to DEQ, in
accordance with the Application Requirements listed below. Any MS4 operators that have not
previously been covered by a NPDES MS4 stormwater discharge permit are hereafter referred to
as "New Permittees".
The following New Permittees have met the eligibility requirements for this permit based on the
latest Decennial Census, have not previously been covered under a MS4 stormwater discharge
permit, and must submit a complete new-permit Application by December 28, 2016 in order to
obtain permit coverage:
i. City of Albany
ii. City of Eagle Point
iii. City of Grants Pass
iv. City of Millersburg
V. City of Rogue River
vi. Josephine County
vii. Linn County
4. Individual Permit
Any small MS4 operator may request to be covered under an individual NPDES MS4 permit in
accordance with the procedures in OAR 340-045-0033.
a. Permit Registrant Request for Individual Permit
Any small MS4 operator requesting to be covered under an individual permit must submit an
individual NPDES MS4 permit application, with reasons stating why coverage under the general
permit is not appropriate, to DEQ no later than 90 days after the issuance date of this permit. If the
MS4 has obtained coverage under this general permit, coverage will be automatically terminated
on the effective date of the individual permit.
b. DEQ Individual Permit Decisions
DEQ may refuse to authorize or may revoke coverage under this general permit and require the
MS4 operator to apply for and obtain an individual MS4 NPDES permit in accordance with the
procedures in OAR 340-045-0033(10). In such a case, the applicant or permit registrant will be
notified in writing by DEQ that an individual permit is required, and will be given a brief
explanation of the reasons for the decision.
5. Discharge Authorization
DEQ will notify the Permit Registrant in writing when permit coverage has been granted and discharge
is authorized by this permit in accordance with 40 CFR §122.28(b)(2).
Permit Number: MS4 Phase 11 GP
Expiration Date: Dec. 31, 2021
Page 7 of 48
6. Application Requirements
Any small MS4 operator seeking authorization to discharge under this permit must submit a timely and
complete Application to DEQ as outlined below.
a. Application Deadlines
i. MS4 operators seeking authorization to discharge under this permit must submit a complete
Application to DEQ within 180 days after the effective date of this permit unless the DEQ
notifies the applicant of a later application deadline.
ii. A MS4 operator whose operational control commences after the effective date of this permit
must submit a complete Application to DEQ no later than 180 days prior to assuming
operational control of the MS4 discharge, unless the DEQ notifies the applicant of a later
application deadline.
iii. Operators of newly eligible MS4s who are notified by DEQ after the effective date of the
permit must submit a complete Application to DEQ no later than 180 days after the date of
DEQ's notification, unless the DEQ notifies the applicant of a later date.
b. Application Form
New Permittees seeking authorization to discharge under this permit must use the DEQ supplied
application form, signed in accordance with the signatory requirements of Schedule F.
c. Application Submittals
Complete applications must be submitted to DEQ at the following address:
Oregon Department of Environmental Quality
Attention: MS4 Coordinator
700 NE Multnomah St., Suite 600
Portland, OR 97232
d. Co-Permittees Under a Single Permit Application
A co-Permittee is any small MS4 operator that is applying for this permit, in a cooperative
agreement with at least one other applicant for coverage under this Permit. Co-Permittees own or
operate a small MS4 located within or in proximity to another regulated small MS4.
Small MS4 operators may seek to obtain coverage under this permit as a co-Permittee with one or
more small MS4s eligible for this permit. In such instances, a single, joint application, that
includes all required information and certification signatures for each co-Permittee, must be
submitted to DEQ. See Schedule A.2 for Permittee Responsibilities.
e. MS4 Permit Renewal Application
To continue permit coverage for stormwater discharges a complete renewal application must be
submitted to DEQ 180 days prior to permit expiration.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 8 of 48
SCHEDULE A - EFFLUENT LIMITATIONS, CONDITIONS, AND STORMWATER
MANAGEMENT PROGRAM
1. Authorized Discharges
Subject to the terms and conditions of this permit, the Permit Registrant is authorized to discharge
stormwater to waters of the State from its MS4, within the defined Permit Coverage Area.
This permit also conditionally authorizes discharges from the Permit Registrant's MS4 which are
categorized as allowable non-stormwater discharges in Schedule A.I .e.
a. Limitation of Coverage
The permit does not authorize:
i. Stormwater discharges associated with industrial activities [as defined in 40 CFR
§122.26(b)(14)] or stormwater associated with construction activities [as defined in 40 CFR
§ 122.26(b)(1 4)(x) and (b)(15)]. Such discharges are regulated through DEQ's NPDES
Industrial Stormwater General Permits; DEQ's NPDES Construction Stormwater General
Permits; or another appropriate NPDES permit.
ii. Stormwater discharges that will cause, or have the reasonable potential to cause or
contribute to, an excursion above the State water quality standards.
iii. Stormwater discharges to underground injection control (UIC) systems. Any owner or
operator of any type of Class V UIC system must permit through Rule Authorization, a
General Permit, or through a Water Pollution Control Facilities (WPCF) individual permit,
and must comply with 40 CFR parts 144-146, and other measures required in Oregon's UIC
rules (OAR 340-044).
b. Non-Stormwater Discharges
The permit does not authorize discharge of non-stormwater from the MS4, unless such discharges
satisfy one of the following conditions:
i. The non-stormwater discharge is currently covered under another NPDES permit.
ii. The non-stormwater discharge is from emergency fire fighting activities.
iii. The non-stormwater discharges resulting from a spill, and/or resulting from an unusual and
severe weather event where reasonable and prudent measures have been taken to prevent and
minimize the impact of such discharge; or consists of emergency discharges required to
prevent imminent threat to human health or severe property damage, provided that
reasonable and prudent measures have been taken to prevent and minimize the impact of
such discharges.
iv. The non-stormwater discharge is an authorized non-stormwater discharge listed in Schedule
A. 1.e.
c. Authorized Non-Stormwater Discharges
Unless the following non-stormwater discharges are identified in a particular case as a significant
source of pollutants to waters of the State, they are considered allowable non-stormwater
discharges by this permit:
i. Uncontaminated water line flushing.
ii. Landscape irrigation (provided all pesticides, herbicides and fertilizers have been applied in
accordance with manufacturer's instructions).
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 9 of 48
iii. Diverted stream flows.
iv. Rising groundwaters.
V. Uncontaminated groundwater infiltration (as defined at 40 CFR § 35.2005(20)) to separate
storm sewers.
vi. Potable water sources.
vii. Uncontaminated pumped groundwater or spring water.
viii. Foundation, footing and crawlspace drains (where flows are not contaminated with process
materials).
ix. Uncontaminated air conditioning or compressor condensate.
X. Irrigation water.
xi. Springs.
xii. Water from crawl space pumps.
xiii. Footing drains.
xiv. Lawn watering.
xv. Individual residential car washing.
xvi. Charity car washing.
xvii. Flows from riparian habitats and wetlands.
xviii. Dechlorinated swimming pool discharges.
xix. Fire hydrant flushing.
xx. Discharges of treated water from investigation, removal and remedial actions selected or
approved by DEQ pursuant to Oregon Revised Statute (ORS) Chapter 465.
2. Permittee's Responsibilities
Each Permit Registrant is responsible for compliance with the terms of this permit for the coverage
area related to the MS4 operated by the Permit Registrant, or where this permit requires the Permit
Registrant to take a specific action.
a. Coordination Among Permittees and Joint Agreements
i. If MS4 operators elect to submit a joint Application, each Co-Permittee is jointly responsible
for permit compliance.
ii. A Permit Registrant may elect to work with or delegate to another Permit Registrant or
entity, to satisfy one or more of the permit conditions. The Permit Registrant remains
responsible for permit compliance if the other Permit Registrant or entity fails to implement
these permit condition(s).
iii. If a Permit Registrant elects to work with or delegate to another Permit Registrant (or
entity), there must be a written agreement between the Permit Registrant and the other
Permit Registrant (or entity) memorializing the delegation. This agreement must be made
available to DEQ upon request.
3. Stormwater Management Program
a. Reduce the Discharge of Pollutants from the MS4
Pursuant to 40 CFR § 122.34(a), the Permit Registrant must at a minimum develop, implement and
enforce a Stormwater Management Program (SWMP) designed to reduce the discharge of
pollutants from their MS4 to the maximum extent practicable (MEP), to protect water quality in
receiving waters, and to satisfy the appropriate water quality requirements of the Clean Water Act
and Oregon Administrative Rules.
For MS4 discharges to waterbodies subject to a TMDL and/or listed on DEQ's 303(d) list, the
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 10 of 48
Permit Registrant must comply with the more stirgent requirements in the Special Conditions
identified in Schedule D.2 in accordance with 40 CFR § 122.34(e)(1) and 122.44(d)(1)(vii)(A) -
(B)
b. SWMP Plan Document
The Permit Registrant must prepare written documentation of its SWMP, called the Stormwater
Management Program Plan (SWMP Plan). The SWMP Plan must be written to inform the public
of how the required SWMP minimum control measures are implemented and to describe the
implementation schedule of any program components that will be developed over the permit term.
The SWMP Plan must be organized according to the program components listed in Schedule A.4
and Schedule D (Special Conditions). The SWMP Plan must be kept up-to-date during the permit
term; the Permit Registrant must annually review its SWMP Plan and activities as part of the
preparation of the Annual Report. The SWMP Plan must be submitted with the first Annual
Report.
The SWMP Plan document must include:
i. The organizational structure, administrative units and primary contacts responsible for
SWMP implementation.
ii. If applicable, a summary description of any joint implementation agreements with other co-
Permittees or shared implementation responsibilities (see Schedule A.2).
iii. For each SWMP minimum control measure, a brief narrative description of the manner in
which the Permit Registrant implements the specific measure or component.
1. Where a specific SWMP minimum control measure or its component(s) are not yet in
place, the Permit Registrant must summarize its intended implemtation schedule,
including interim milestones, associated with full implementation of the specific control
measure or component.
iv. A summary of specific actions and activities conducted by the Permit Registrant to comply
with any additional special conditions associated with Schedule D.2.
c. SWMP Minimum Control Measures Implementation Dates
Implementation dates for Existing Permittees are established within the SWMP Minimum Control
Measures, Schedule A.4.a - f. All Permittees must begin development and implementation of the
SWMP minimum control measures no later than the effective date of this permit. New Permittees
must implement all SWMP minimum control measures no later than the permit expiration date in
accordance with 40CFR §122.34(a). New Permittees may use the implementation dates cited in
Schedule A.4.a - f as interim milestone dates to ensure full implementation of the SWMP
minimum control measures before the permit expires.
d. SWMP Resources and Assessment
The Permit Registrant must provide adequate finances, staff, equipment and other support
capabilities to implement the SWMP minimum control measures and other requirements outlined
in this permit. In each Annual Report, the Permit Registrant must summarize and report on their
total operational costs associated with SWMP implementation during the 12 month reporting
period.
The Permit Registrant must also maintain a method of gathering, tracking, and using SWMP
information to set priorities, and assess permit compliance. Permit Registrant must track activities
and document completion of measureable goals for the respective SWMP minimum control
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page I 1 of 48
measure (e.g., the number of inspections, official enforcement actions, and/or types of public
education actions, etc.).
4. SWMP Minimum Control Measures
In accordance with 40 CFR § 122.34(b), the Permit Registrant must implement and enforce the SWMP
minimum control measures outlined in Schedule A.4.a - f, including all control measure components,
to reduce the discharge of pollutants from its MS4 and protect water quality in receiving waters.
a. Education and Outreach
The Permit Registrant must implement an ongoing education and outreach program about the
impacts of stormwater discharges on water bodies and the steps that the public can take to reduce
pollutants in stormwater runoff. The education and outreach program must be designed to address
stormwater issues of significance within the Permit Registrant's community.
i. Implementation Dates
No later than January 1, 2018 the Permit Registrant must begin implementation of the
required components described in Schedule A.4.a.ii - vi.
ii. Conduct an Education and Outreach Program
The education and outreach program must include coordination and educational efforts
targeting the four audiences listed in Schedule A.4.a.iv. The goals of the education and
outreach program are to reduce or eliminate behaviors and practices that cause or contribute
to adverse stormwater impacts on receiving waters by raising awareness of actions the
public can take to prevent pollutants in stormwater.
iii. Stormwater Education Activities
The Permit Registrant must distribute a minimum of two (2) educational messages over the
permit term to each target audience category identified in Schedule A.4.a.iv. Education
materials include, but are not limited to:
1. Printed materials such as brochures or newsletters;.
2. Electronic materials such as websites, e-newsletters, or other electronic messages.
3. Newspaper articles or public service announcements.
4. Presentations or workshops.
iv. Target Audiences and Topics.
The Permit Registrant must, at a minimum, consider the topics listed below each target
audience when developing their education and outreach program. Topics listed are not
exclusive; the Permit Registrant must focus on those topics most relevant to the community.
1. General Public (e.g., school children, homeowners, homeowner's associations)
a. General impacts of stormwater flows into surface water, and appropriate actions to
prevent adverse impacts.
b. Impacts from impervious surfaces and appropriate techniques to avoid adverse
impacts.
c. Yard care techniques protective of water quality.
d. Best management practices for propel- use, application and storage of pesticides,
herbicides, and fertilizers.
e. Litter and trash control and recycling programs.
f. Best management practices for power washing, carpet cleaning and auto repair and
maintenance.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 12 of 48
g. Low Impact Development/green infrastructure techniques, including site design,
pervious paving, retention of mature trees/vegetation, landscaping and vegetative
buffers.
h. Appropriate maintenance of landscape features providing water quality benefits.
i. Source control best management practices and environmental stewardship.
j. Impacts of illicit discharges and how to report them.
k. Actions and opportunities for pet waste control/disposal.
1. Water wise landscaping, water conservation, water efficiency.
2. Business/Commercial/Institutions (e.g., landscapers, property managers, educational
institutions)
a. General impacts of stormwater flows into surface water, and appropriate actions to
prevent adverse impacts.
b. Impacts from impervious surfaces and appropriate techniques to avoid adverse
impacts.
c. Best management practices for use and storage of automotive chemicals, hazardous
cleaning supplies, vehicle wash soaps and other hazardous materials.
d. Best management practices for power washing, carpet cleaning and auto repair and
maintenance.
e. Best management practices for proper use, application and storage of pesticides,
herbicides, and fertilizers.
f. Low Impact Development/green infrastructure techniques, such as site design,
pervious paving, retention of mature trees/vegetation, landscaping and vegetative
buffers.
g. Appropriate maintenance of landscape features providing water quality benefits.
h. Impacts of illicit discharges and how to report them.
i. Litter and trash control and recycling programs.
j. Water wise landscaping, water conservation, water efficiency.
3. Construction/Development (e.g., engineers, contractors, developers, landscape
architects, site design professionals)
a. General impacts of stormwater flows into surface water, and appropriate actions to
prevent adverse impacts.
b. Impacts from impervious surfaces and appropriate techniques to avoid adverse
impacts.
c. Stormwater treatment and flow/volume control practices.
d. Technical standards for stormwater site plans; including appropriate selection,
installation, and use of required construction site control measures.
e. Low Impact Development/green infrastructure techniques, such as site design,
pervious paving, retention of mature trees/vegetation, landscaping and vegetative
buffers.
f. Appropriate maintenance of landscape features providing water quality benefits.
g. Water wise landscaping, water conservation, water efficiency.
4. Local Elected Officials, Land Use Policy and Planning Staff (e.g., mayor, council
members, city planner)
a. General impacts of stormwater flows into surface water, and appropriate actions to
prevent adverse impacts. Impacts from impervious surfaces and appropriate
techniques to avoid adverse impacts.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 13 of 48
b. Low Impact Development/green infrastructure techniques, such as site design,
pervious paving, retention of mature trees/vegetation, landscaping and vegetative
buffers.
V. Assessment
The Permit Registration must evaluate at minimum one (1) education and outreach activity
during each year of the permit term. The activity selected should be the one that the Permit
Registrant considers the most successful in increasing awareness and potentially affecting
behavior. In the Annual Report the Permit Registrant must address the following topics:
1. A brief description of the event.
2. Narrative summary why the selected event was successful.
3. Indicators used to measure success (e.g., attendance, participane response, pre and post
event survey, etc.);
4. Impact of this activity to influence or change future education and outreach activities.
b. Public Involvement and Participation
The Permit Registrant must implement a public involvement and participation approach that
provides opportunities for the public to effectively participate in the development, implementation,
and modification of the SWMP. The Permit Registrant must comply with applicable state and
local public notice requirements when implementing a public involvement participation program.
i. Implementation Dates
The Permit Registrant must begin implementation of the required components described in
Schedule A.4.b.ii - iii upon permit effective date.
ii. SWMP Website
The Permit Registrant must post the SWMP Plan and the Annual Report(s) on a publicly-
accessible website. The Permit Registrant's website must be updated as needed and include
the following:
1. Illicit discharge communication channel(s) as required Schedule A.4.c.v.1.
2. Appropriate contact information, such as phone numbers for relevant staff, telephone
hotline(s), or other communication channels.
3. Education material relevant to the target audiences.
iii. Stewardship Opportunities
The Permit Registrant must, at a minimum, create or partner in the development of one (1)
stewardship opportunity during the permit term. The Permit Registrant may consider one of
the following stewardship opportunities or a more locally relevant opportunity:
1. Stream team activities.
2. Storm drain marking;
3. Volunteer monitoring;
4. Riparian plantings/facility enhancement;
5. Neighborhood LID activities.
c. Illicit Discharge Detection and Elimination
The Permit Registrant must implement the following actions to prohibit, prevent, detect,
investigate, and eliminate illicit discharges into and from their MS4. In complying with these
requirements, the Permit Registrant must use the Center for Watershed Protection's IDDE - A
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 14 of 48
Guidance Manual for Program Development and Technical Assessments (2004) and the update to
this manual provided in the Illicit Discharge Detection and Tracking Guide (2011) as the primary
reference for procedure development. Hereafter, theses two documents are referred to as the CWP
Manual.
The Permit Registrant may choose to use equivalent illicit discharge detection and tracking
techniques in lieu of those techniques presented in the CWP Manual for prioritizing of
investigations; however, the Permit Registrant must determine that the techniques are at minimum
equivalent to those in the CWP Manual. The Permit Registrant may also use emerging techniques
in conjunction with on-site and septic system investigative techniques described in the CWP
Manual. These emerging techniques must have documentation demonstrating they enhance the
efficacy of the established investigative techniques. The terminology used in this condition reflects
the terminology used in the CWP Manual.
i. Implementation Dates for New Actions
No later than January 1, 2021, the Permit Registrant must develop or revise, as needed, its
existing Illicit Discharge, Detection, and Elimination (IDDE) program to include the
required components described in Schedule A.4.c.ii - v.
ii. Storm Sewer System Map or Digital Inventory
Permit Registrant must develop a storm sewer system map(s) or digital inventory. Permit
Registrant must make these map(s) or digital inventories available to DEQ upon request. If
in digital format, the Permit Registrant must fully describe mapping standards in the SWMP
Plan. At a minimum, the map(s) or digital inventories must include the following:
1. Outfall Location
The location of all MS4 outfalls, including the unique identifier for each outfall, any
geographic information such as streets necessary to locate these outfalls in the field, and
the names of the receiving water.
2. Conveyance System and Stormwater Control Location
The location of the MS4 collection system and structural stormwater controls including
any geographic information such as streets, manholes, and milepost markers necessary
to locate this system in the field. The Permit Registrant must delineate the MS4 by storm
sewer drainage basin as appropriate.
3. Septic System Investigation Information
If applicable, the location of the portion of the MS4 inspected using a septic system
investigation required in Schedule A.4.c.v.6 and a summary of the chronic or continuous
illicit discharges discovered using one of the following:
a. Homeowner survey and surface condition analysis.
b. Detailed septic system inspection involving dye testing, infrared imagery, infrared
thermography, and color infrared photography.
c. The septic system investigation information must include the location of illicit
discharges detected on a map legend, in a digital inventory, or in a supplemental
document.
4. On-site Investigation Information
If applicable, the location of the portion of the MS4 inspected using on-site
investigations as required in Schedule A.4.c.v.6 and a summary of the illicit discharges
discovered when searching for chronic or continuous illicit discharges using closed
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 15 of 48
circuit TV equipment, dye, and/or smoke testing to identify the following:
a. Intentional or inadvertent sanitary connections to the MS4.
b. Sanitary inflows from joints or other openings in the MS4 pipe.
c. Other sources of stormwater pollutants entering the MS4 such as unpermitted
industrial wastewater flows.
The on-site investigation information must include the location of illicit discharges
detected on a map legend, in a digital inventory, or in a supplemental document.
5. Optional Techniques to Prioritize Investigations
If the Permit Registrant uses additional techniques described in the CWP Manual to
determine illicit discharge potential and prioritize the required inventory in Schedule
A.4.c.ii.3 - 4, the map or digital inventory must also include information from the
application of the following techniques if performed:
a. Outfall Reconnaissance Inventory Information
The findings from the visual screening of each outfall including the testing results
for any discharge if sampled and employing the technique in Schedule AA.c.ii.5.c.
b. Desktop Assessment and/or Drainage Area Investigation Information
i. Land use associated with the MS4.
ii. Age of developments with stormwater draining to the system.
iii. The MS4's and sanitary system's condition based on the Permit Registrant's
asset management program, conveyance system evaluations from past
stormwater and wastewater master plans, and/or past field inspections.
iv. Windshield and/or aerial photo survey of a drainage area.
V. Mapping analysis of the storm drain network and potential pollutant
generating sources.
vi. Applicable screening score based on screening factors developed for this
assessment such as those provided in Table 14 of the CWP Manual.
vii. Overlay map or notations in the digital inventory prioritizing storm sewer
drainage basins (i.e., priority areas) for future investigation based on this
desktop assessment.
c. Indicator Monitoring Information
A summary of the laboratory results from any monitoring for each outfall and/or
manhole tested as required in Schedule B. 1.a.
d. Storm Drain Network Investigation Information
A summary of the storm sewer pipe network investigated including, if performed,
manholes tested to detect the presence of illicit discharges and the results of this
testing as well as other techniques employed to isolate and evaluate intermittent or
transient discharges.
e. Information from Equivalent and/or Emerging Techniques
A summary of information gathered from equivalent illicit discharge detection and
tracking techniques and/or emerging techniques discussed in Schedule AA.c.
Legal Authority
Permit Registrant must prohibit, through ordinance or other regulatory mechanism, illicit
discharges into the Permit Registrant's MS4 system. The ordinance or other regulatory
mechanism must provide authority to investigate the source and require the elimination of
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 16 of 48
illicit discharges. This regulatory authority must also define the range of illicit discharges it
covers including but not limited to sewage, septic tank waste, industrial waste, trash, paints,
stains, resins, household hazardous waste, pesticide waste, automotive products,
construction waste, and unhardened concrete. If determined by the Permit Registrant to be a
significant source of pollutants to its MS4 or waters of the State, the Permit Registrant must
prohibit the non-stormwater discharges listed in Schedule A. I.b.i or require nonstructural or
structural stormwater controls to address these pollutants before discharge to the Permit
Registrant's MS4.
iv. Enforcement Procedures
The Permit Registrant must develop and implement a written escalating enforcement
procedure to ensure compliance with the illicit discharge ordinance or other regulatory
mechanism to address repeat violations through progressively stricter response, as needed, to
achieve compliance. The escalating enforcement procedure must be submitted with the
fourth Annual Report. The enforcement procedures must include timelines for compliance
and, when formulating response procedures, must consider factors such as the amount of
pollutant discharged, the type of pollutant discharge, and whether the discharge was
intentional or accidental. The response procedures must include the following continuum of
enforcement tools as described in Table 12 of the C WP Manual:
1. Written warning with an opportunity to comply voluntarily.
2. Written notice of violation ordering compliance.
3. Administrative or civil penalties.
4. Compensatory action.
5. Criminal prosecution.
6. Cost of abatement of the violation and property liens.
7. Emergency cease and desist order.
8. Stop work order.
V. Program to Detect and Eliminate Illicit Discharges
Permit Registrant must implement a program designed to detect, locate, and eliminate illicit
discharges into the Permit Registrant's MS4 system; update the program as needed; and,
perform the following actions:
1. Illicit Discharge Communication Channel(s)
Publicize a phone number, webpage, and/or other communication channel that the
public can use to contact the Permit Registrant to submit/report a complaint regarding
spills or other illicit discharges.
2. Notification of Other Authorities
Notify the jurisdictional authority within five (5) working days of becoming aware of an
illicit discharge originating outside the Permit Registrant's jurisdictional area but
discharging to its MS4 regulated under this permit.
3. Procedures for Illicit Discharge Investigations
Develop and document in the SWMP Plan procedures for identifying the presence of
illicit discharges, for prioritizing areas for investigation, and for conducting field
investigations of the MS4. The Permit Registrant must use the CWP Manual for its
procedures or equivalent illicit discharge detection and tracking techniques.
4. Planning and Funding System Repairs
Identify and utilize procedures such as capital improvement planning to eliminate
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 17 of 48
chronic illicit discharges under the direct control of the Permit Registrant such as
sanitary inflows due to failing public sanitary and stormwater conveyance systems.
These procedures must include a timeline for securing funding that complies with
Schedule A.4.c.v.5.b.iii to remove these chronic illicit discharges. For chronic illicit
discharges to the MS4 originating from a private system, the Permit Registrant must
follow the procedures established in Schedule A.4.c.v.5.b.ii and timelines established in
Schedule A.4.c.iv.
5. Complaint and Illicit Discharge Response System
Develop and implement procedures for responding to complaints and tracking the
Permit Registrants actions that documents the following:
a. The administrative unit responsible for the response to complaints and the
identification of illicit discharge sources including a description of when other
entities such as the Oregon Emergency Response System and fire department's
involvement is appropriate and/or required.
b. Upon determining that these discharges constitute a threat to human health and/or
the environment consistent with Schedule F.137, the timelines for complaint and
illicit discharge response appropriate for the source of the illicit discharge and nature
of the complaint with immediate response for all known illicit discharges, including
spills.. Complaint responses must, at minimum, use the following timelines:
i. Within five (5) working days, the Permit Registrant must conduct an initial
evaluation. Upon identifying the source of the illicit discharge, the Permit
Registrant must initiate the procedures in Schedule A.4.c.iv to eliminate the
illicit discharge.
Ii. If the elimination of the illicit discharge will take more than fifteen (15)
working days due to technical, logistical, or other reasonable issues, the
Permit Registrant must within twenty (20) working days upon identifying the
source of an illicit discharge initiate procedures in Schedule A.4.c.iv to
eliminate the illicit discharge.
iii. If the elimination of the illicit discharge involves the repair or replacement of
the Permit Registrant's wastewater and/or storm sewer conveyance systems,
the Permit Registrant must remove the source of the illicit discharge within
three (3) years of the date of its identification.
c. A complaint and illicit discharge response tracking system documenting the
following:
i. The date the complaint was received and, if available, the complainant's name
and contact information.
ii. The staff responding to the complaint.
iii. The date(s) the investigation was initiated.
iv. The date the illicit discharge was identified.
V. The outcome of the staff investigation and a summary of the procedures used
from Schedule A.4.c.v.3.
vi. The location and stormwater asset or component affected by the illicit
discharge.
vii. If applicable, the corrective action required to eliminate the illicit discharge.
viii. If applicable, the party responsible for the corrective action.
ix. If applicable, the status of the enforcement procedures required Schedule
A.4.c.iv.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 18 of 48
X. If applicable, the date the corrective action was completed and staff involved
in the final inspection to evaluate compliance with the Permit Registrant's
code or other regulatory mechanism
6. Septic System and On-site Investigations for Chronic Illicit Discharges
Complete the following for 20% of the liner feet of the MS4 during the permit term:
a. A septic system investigation, if applicable, for open channels or roadside ditches in
unsewered areas draining to the MS4 using the procedures noted in Schedule
A.4.c.v.3.
b. An on-site investigation, if applicable. of the storm sewer system's pipe network
using the procedures noted in Schedule A.4.c.v.3.
If an identified source of chronic illicit discharge(s) is from the Permit Registrant's
wastewater and storm sewer system, the Permit Registrant must eliminate the illicit
discharge(s) as required in Schedule A.4.c.v.5.b.iii. If an identified source of chronic
illicit discharge(s) is from a private wastewater conveyance system, the Permit
Registrant must eliminate the illicit discharge(s) following the procedures established in
Schedule A.4.c.iv and following the timelines in Schedule A.4.c.v.5.b.ii.
7. IDDE Training
Provide training, at least once during the permit term, to all persons involved in the
following: field inspections or investigations of the MS4 for illicit discharges, tracking
of illicit discharges to a source, responding to complaints involving illicit discharges,
and enforcement procedures. For staff involved in complaint response, the training must
also include spill response standard operating procedures as outlined in the CWP
Manual. The Permit Registrant must provide training to all persons involved in
implementing the Permit Registrant's IDDE program within 6 months of their
assignment to this program. Permit Registrant must provide follow-up training as
procedures and/or technology utilized in this program change.
d. Construction Site Runoff
At a minimum, the Permit Registrant must develop, implement and enforce a program to reduce
discharges of pollutants and control stormwater runoff from construction activities that results in
land disturbance of 5,000 square feet or more. The Permit Registrant must continue to impose any
existing program to ensure the proper installation and maintenance of erosion controls, sediment
controls, and waste material containment, and pollution prevention controls during all phases of
construction activity occurring within their jurisdiction.
i. Implementation Date
No later than January 1, 2021, the Permit Registrant must revise and update its existing
construction site runoff control program, as necessary, to include the required components
described in Schedule A.4.d.ii - vi.
ii. Legal Authority
Through ordinance or other regulatory mechanism to the extent allowable under State law,
the Permit Registrant must require erosion controls, sediment controls, and materials
management techniques to be employed and maintained at construction projects from initial
clearing through final stabilization that result in a land disturbance of 5,000 square feet or
greater.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 19 of 48
Permit Registrant's ordinance or other regulatory mechanism must require construction site
operators to maintain effective controls as required in Schedule A.4.d.iii to reduce pollutants
in stormwater discharges from construction sites. Permit Registrant must also require site
operators to submit an erosion and sediment contol plan for review and approval as required
in Schedule A.4.d.iv . The ordinance or other regulatory mechanism must provide authority
to inspect construction sites for compliance with the Permit Registrant's construction site
runoff program.
1. Compliance with Other NPDES Permit Requirements
At a minimum, construction site erosion and sediment control plans for sites that disturb
one or more acres (or that disturb less than one acre but part of a common plan of
development) must be consistent with the requirements in the DEQ's NPDES
Construction Stormwater General Permit.
iii. Construction Site Runoff Control Specifications
The Permit Registrant must require the use of construction site runoff controls and must
maintain written specifications that address the proper design, installation and maintenance
of erosion controls andsediment controls. The Permit Registrant must also design,
implement, and maintain pollution prevention measures to minimize the exposure to
precipitation and stormwater for the following: building materials, building products,
construction wastes, trash, landscape materials such as fertilizers, pesticides, herbicides, and
sanitary waste.The Permit Registrant, at its discretion, may adopt specifications created by
another entity which complies with this requirement.
Construction site runoff control specifications must include:
1. Sizing criteria, performance criteria, design specifications, and guidance on selection
and placement of control.
2. Specifications for operation and maintenance including appropriate inspection interval
and self-inspection checklists for use by site operator.
iv. Erosion and Sediment Control Plan Review and Approval
Prior to land disturbance, the Permit Registrant must review and approve an erosion and
sediment control plan from construction site. The ESCP must be reviewed by a qualified
individual knowledgeable in the technical review of ESCPs. The Permit Registrant must not
approve any ECSPs unless it contains appropriate site-specific construction site control as
required in Schedule A.4.d.iii. The Permit Registrant must ensure that the site operator is
prohibited from commencing construction activity prior to receipt of written approval.
The Permit Registrant must develop ESCP Review criteria. At a minimum, the ESCP must
include the following:
1. Location of site.
2. Site map.
a. Location of land disturbance and future impervious surface including building
footprint, driveways, walk ways, or other impervious surfaces.
b. Estimates of the total land disturbance area.
c. Location of the controls or BMPs with reference to the construction site runoff
control specifications in Schedule a.4.d.iii.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 20 of 48
d. Location of pollutant sources such as concrete clean-out, portable bathrooms, waste
storage, soil and fill storage, and equipment refueling.
e. Location of permeable soils, springs, wetlands, riparian areas, and vegetation that
will be protected during construction activity.
f. Drainages patterns and discharge points to the MS4.
3. Site operator contact information.
V. Construction Site Inspections
The Permit Registrant must inspect construction sites to ensure compliance with Schedule
A.4.d.iii - iv. If the Permit Registrant elects to establish an inspection prioritization system
to identify the frequency and type of inspection, it must consider factors such as project
type, total area of disturbance, location, and potential threat to water quality. If a
prioritization system is used, the Permit Registrant must describe the prioritization system in
the SWMP Plan and must summarize the nature and number of inspections, follow-up
actions, and any subsequent enforcement actions conducted.
At a minimum, construction site inspections conducted by the Permit Registrant must
include:
1. A determination of whether a construction site is required to and/or has coverage under
DEQ's NPDES Construction Stormwater General Permit.
2. A review of the ESCP to determine if controls are installed and maintained as required
in Schedule A.4.d.iii.
3. Visual observation and documentation of any existing or potential non-stormwater
discharges, illicit connections, and/or discharge of pollutants from the site.
4. A determination of compliance with the ESCP.
5. A written or electronic inspection report that includes, if necessary, corrective actions
and follow-up.
vi. Enforcement Procedures
The Permit Registrant must develop and implement a written escalating enforcement
procedure to ensure compliance with the construction site runoff ordinance or other
regulatory mechanism to address repeat violations through progressively stricter response, as
needed, to achieve compliance. The escalating enforcement procedure must be submitted
with the fourth Annual Report. The enforcement procedures must include timelines for
compliance and, when formulating response procedures, must consider factors such as the
amount of pollutant discharged, the type of pollutant discharge, and whether the discharge
was intentional or accidental. The response procedures must include the following
continuum of enforcement tools as described in Table 12 of the CWP Manual:
a. Written warning with an opportunity to comply voluntarily.
b. Written notice of violation ordering compliance.
c. Administrative or civil penalties.
d. Compensatory action.
e. Criminal prosecution.
f. Cost of abatement of the violation and property liens.
g. Emergency cease and desist order.
h. Stop work order.
vii. Notification of NPDES Construction Stormwater Permit Violation
Upon identification, the Permit Registrant must notify DEQ within 14 working days of
Permit Number: MS4 Phase 11 GP
Expiration Date: Dec. 31, 2021
Page 21 of 48
construction sites disturbing one or more acres (or disturbing less than one acre but is part of
a larger common plan of development) that they have deemed to be in non-compliance with
the ESCP, the NPDES Construction Stormwater Permit, and/or operating without a NPDES
Construction Stormwater Permit.
viii. Construction Runoff Control Training and Education
The Permit Registrant must provide educational opportunities or inform site operators of
available educational opportunities on local construction stormwater requirements.
The Permit Registrant must provide training, at least once during the permit term, to all
persons involved in ESCP review and approval, construction site inspections, and
enforcement. The Permit Registrant must provide training to all persons involved in
implementing the Permit Registrant's construction site runoff program within 6 months of
their assignment to this program. Permit Registrant must provide follow-up training as
procedures and/or control change.
The Permit Registrant must educate site operators of the construction site runoff
requirements in Schedule A.4.d.iii - iv. At a minimum, the Permit Registrant's actions to
educate site operators must provide clear criteria for obtaining approval of their ESCP.
e. Post-Construction Site Runoff
The Permit Registrant must develop, implement and enforce a program to reduce discharges of
pollutants and control stormwater runoff from new development and redevelopment project sites.
Permit Registrant must continue to implement and enforce its existing post-construction
stormwater management program to ensure that appropriate permanent stormwater controls are
utilized at private and public sector development sites including roads and streets.
i. Implementation Deadline
No later than January 1, 2020, Permit Registrant must update its existing program to
implement the post-construction site runoff requirements in Schedule A.4.e.ii - viii at new
development and redevelopment project sites.
ii. Legal Authority
Through ordinance or other regulatory mechanism to the extent allowable under state law,
the Permit Registrant must require the installation and long-term maintenance of permanent
nonstructural and structural stormwater controls at new development and redevelopment
project sites discharging stormwater to the MS4 creating 5,000 square feet or more of new
impervious surface area. The Permit Registrant must use appropriate enforcement
procedures and actions to ensure compliance with Schedule A.4.e.iv. The local ordinance or
other regulatory mechanism adopted must meet the requirements of Schedule A.4.e.11 - vi.
In local ordinance or in a stormwater design manual referenced in local ordinance, the
Permit Registrant must require a site-specific stormwater management approach that targets
natural surface or predevelopment hydrological function as much as practicable. This site-
specific stormwater management approach must prioritize Low Impact Development (LID),
when practicable, utilizing nonstructural stormwater controls first to retain stormwater on
site by infiltrating runoff into soil, evaporating rainfall from plant interception, transpiring
soil moisture, and protecting natural stormwater management features such as wetlands
before employing structural stormwater controls to retain stormwater on-site and to treat
stormwater discharged off-site. When allowing structural stormwater controls to be used, the
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 22 of 48
Permit Registrant must give priority, when practicable, to Green Infrastructure (GI) to
infiltrate, filter, evaporate, and/or transpire stormwater.
iii. LID Code-Related Requirements
The Permit Registrant must review and revise its local development-related codes, rules,
standards, or other enforceable documents to incorporate the site-specific stormwater
management approach prioritizing the application of nonstructural stormwater controls
noted in Schedule A.e.ii. The revisions must be designed to minimize impervious surfaces,
vegetation loss, and stormwater runoff in all types of development situations.
In conducting this review and revision process, the Permit Registrant must consider the
range of issues and recommendations outlined in the following documents:
1. Oregon Department of Land Conservation and Development's and Oregon DEQ's
Water Quality Model Code and Guidebook.
2. Puget Sound Partnership's Integrating LID into Local Codes: A Guidebook for Local
Governments.
3. Center for Watershed Protection Code and Ordinance Worksheet in Better Site Design
Handbook.
The Permit Registrant must submit the results of this review and revision process with the
third Annual Report. The review and revision process, at minimum, must document the
development-related codes, rules, and/or standards reviewed and revised to allow the
prioritization and application of nonstructural stormwater controls.
iv. Post-Construction Stormwater Management Requirements
To reduce pollutants and mitigate the volume, duration, time of concentration and rate of
stormwater runoff, the Permit Registrant must develop enforceable post-construction
stormwater management requirements in code or in a manual referenced in code that, at a
minimum, include the following technical standards:
1. Site Performance Standard
The Permit Registrant must establish a site performance standard with a numeric
stormwater retention requirement to target natural surface or predevelopment hydrologic
function as much as practicable to retain rainfall on-site and minimize the off-site
discharge of precipitation utilizing the following: infiltration of runoff, evaporation
from plant interception, transpiration of soil moisture, and the protection of natural
stormwater management features such as wetlands. This retention requirement must be
derived from one of the following: a volume-based method (e.g., first 1-inch of a 24-
hour event), storm event percentile-based method (e.g., 95th percentile storm event),
annual average runoff-based method (e.g.. 80% of annual average runoff), or flow
duration matching method.
As provided in Schedule A.4.e.iv.4, exceptions to this retention requirement in the site
performance standard may be allowed by the Permit Registrant in instances where full
compliance with this requirement cannot be achieved due to criteria established by the
Permit Registrant. For projects that are unable to fully meet the retention requirement
and will use the alternative compliance in Schedule A.4.e.iv.3, the remainder of the
stipulated amount of rainfall associated with this retention requirement that cannot be
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 23 of 48
retained on-site must be treated prior to discharge with a structural stormwater control.
This stormwater structural control must be designed to remove, at minimum, 80% of the
total suspended solids (TSS). In treating the stormwater discharged off-site, the Permit
Registrant must give priority to using GI before considering other structural stormwater
controls. The Permit Registrant must identify conditions where the implementation of
GI or equivalent approaches may be impracticable for a site as required in Schedule
A.4.e.iv.2. The runoff discharged off-site must target the natural surface or
predevelopment flow duration curve for the receiving water to protect water quality by
preventing bed and bank erosion.
2. Structural Stormwater Control Design and Specifications
The Permit Registrant must provide a description of all allowable structural stormwater
controls that includes site-specific design requirements, design requirements which do
not inhibit maintenance, conditions where each control applies, and operation and
maintenance standards for each control. The Permit Registrant must identify conditions
where the implementation of GI or equivalent approaches may be impracticable for a
site.
3. Allowance for Alternative Compliance
The Permit Registrant must allow for alternative compliance for exceptions to the
stormwater retention requirement noted in Schedule A.4.e.iv.1. The determination by the
Permit Registrant that full compliance of this retention requirement cannot be achieved
at a site must be based on review criteria considering multiple factors and may not be
based solely on the difficulty or cost. The Permit Registrant must also make such
determinations based on factors of technical infeasibility and site constraints including
but not limited to the following: shallow bedrock, high groundwater, groundwater
contamination, low permeability soil, soil instability as documented by a geotechnical
analysis, and/or a land use that is inconsistent with capture and infiltration of
stormwater.
For site operators requesting alternative compliance, the Permit Registrant must require
and, subsequently, review a written technical justification as to the technical infeasibility
or site constraints which prevent the on-site management of the rainfall amount
stipulated in the stormwater retention requirement or a portion thereof. Where
alternative compliance is utilized, runoff from the developed site must comply with the
treatment standard including its flow duration matching requirement in Schedule
A.4.e.iv.1. The written technical justification must be in the form of a site-specific
hydrologic and/or design analysis conducted and endorsed by an Oregon registered
Professional Engineer, Oregon Certified Engineering Geologist, architect, and/or
landscape architect.
If the Permit Registrant agrees that alternative compliance with the retention
requirement is necessary, the Permit Registrant must require that the site operator use
one or more of the stormwater mitigation options outlined in Schedule A.4.e.iv.4.
4. Stormwater Mitigation Options
The Permit Registrant must establish stormwater mitigation options for alternative
compliance noted in Schedule A.4.e.iv.1. Before allowing alternative compliance with
the retention requirement, the Permit Registrant must have an inventory of appropriate
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 24 of 48
alternative projects or sites as well as institutional standards and management systems to
value, estimate, and account for how these mitigation projects retain the unmet volume
of the stormwater specified in this retention requirement. This inventory of alternative
projects or sites must be within the same subwatershed as the site undergoing
development. Stormwater mitigation options must include one or more of the following
for alternative compliance:
a. Off-Site Mitigation - includes meeting the retention requirement at another location,
the use of a stormwater mitigation bank program, or the use of stormwater payment-
in-lieu program.
b. Groundwater Replenishment Projects - implements a project that the Permit
Registrant has determined to provide an opportunity to replenish regional
groundwater supplies.
c. Treatment Equivalent to the Retention Requirement - establishes treatment
requirements that attain the equivalent water quality benefits as onsite retention of
stormwater from new development or redevelopment sites using a continuous
simulation hydrologic model or other evaluation tool.
V. Post-Construction Site Runoff Plan Review
The Permit Registrant must review, approve, and verify proper implementation of post-
construction site runoff plans (runoff plans) for new development and redevelopment
projects as required in Schedule A.4.e.iv. The runoff plans submitted by the site operator
must describe how the new development or redevelopment project meets the post-
construction stormwater management requirements in Schedule A.4.e.iv.. For structural
stormwater control demonstration projects that do not conform to design and specifications
required in Schedule A.4.e.iv.3, the Permit Registrant must ensure that the demonstration
project complies with Schedule A.4.e.iv.1 and Schedule A.4.e.vi.
vi. Long-term Operation and Maintenance
The Permit Registrant must implement a strategy to ensure that all stormwater controls are
operated and maintained to meet the site performance standard in Schedule A.4.iv.1. This
strategy must, at minimum, include the following:
1. Legal authority allowing the Permit Registrant to inspect and require effective operation
and maintenance (O&M) of stormwater controls owned and operated by another entity.
2. Inspection procedures and an inspection schedule ensuring compliance with the O&M
requirements of each stormwater control operated by the Permit Registrant and by other
entities.
3. A tracking mechanism for documenting inspections and the O&M requirements for each
nonstructural and structural stormwater control. This tracking mechanism must
document enforcement actions and compliance response. For nonstructural stormwater
controls that include vegetation, the O&M requirements must at minimum include
requirements to maintain and/or replace vegetation to ensure the functionality of this
control. For nonstructural stormwater controls that include soils in the treatment process,
O&M requirements must at minimum include requirements to maintain soil
permeability.
4. Reporting requirements for privately owned and operated stormwater controls that
document compliance with the O&M requirement in Schedule A.4.e.vi.2.
5. A map or digital inventory documenting the location of all public and private
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 25 of 48
stormwater controls as installed in compliance with this permit.
vii. Training and Education
The Permit Registrant must, at least once during the permit term, provide training or
professional development to the following:
1. Individuals performing post-construction runoff site plan reviews as required in
Schedule A.4.e.v.
2. Individuals admininstrating the alternative compliance program as required in Schedule
A.4.e.iv.3 - 4.
3. Individuals performing O&M practices or evaluating compliance with long-term O&M
requirements in Schedule A.4.e.vi.
Training must be provided to staff involved in implementing the Permit Registrant's post-
construction site runoff program within 6 months of their assignment to this program. Permit
Registrant must provide follow-up training as procedures and/or technology utilized in this
program change.
The Permit Registrant must educate site operators on the post-construction site runoff
requirements in Schedule A.4.e.iv.I - 4. At minimum, the Permit Registrant's actions to
educate this audience must provide clear criteria for obtaining approval for the site
operator's post-construction runoff site plan.
L Pollution Prevention and Good Housekeeping for Municipal Operations
The Permit Registrant must carry out its municipal operations with the ultimate goal of preventing
or reducing pollutant loads in stormwater. Permit Registrant must continue to implement their
existing pollution prevention in municipal operations program to ensure that nonstructural and
structural stormwater controls are implemented to protect water quality. The Permit Registrant
must implement an operation and maintenance program utilizing, as appropriate, the Permit
Registrant's actions to comply with Schedule A.4.e.vi to ensure that its nonstructural and structural
stonnwater controls prevent or reduce the discharge of pollutants from its MS4.
i. Implementation Date
No later than January 1, 2021, the Permit Registrant's pollution prevention and good
housekeeping program must include the requirements in Schedule A.4.f.ii - xi.
ii. Operation and Maintenance Strategy for Existing Controls
For existing structural and nonstructural stormwater controls, the Permit Registrant must
develop and implement an operation and maintenance strategy for both Permit Registrant-
owned controls and controls owned and operated by another entity discharging to the Permit
Registrant's MS4. The O&M strategy for structural and nonstructural stormwater controls
must include, at minimum, the long-term O&M requirements in Schedule A.4.e.vi.
Except for catch basins, the Permit Registrant must inspect and maintain, as needed, the
structural stormwater controls yearly unless the inspection and maintenance schedule
specifies otherwise. The Permit Registrant must inspect at minimum 20% of the Permit
Registrant owned or operated catch basins and clean as needed. Material removed from
catch basins and inlets must be managed in accordance with Schedule A.4.f.iivx.
Permit Number: MS4 Phase 11 GP
Expiration Date: Dec. 31, 2021
Page 26 of 48
iii. Pollution Prevention in Facilities and Operations
The Permit Registrant must conduct all of its municipal O&M activities in a manner that
protects water quality and reduces the discharge of pollutants to the MS4. The Permit
Registrant must review and update, as necessary, existing practices to ensure appropriate
pollution prevention and good housekeeping procedures are conducted, as appropriate, for
the following activities:
1. Pipe cleaning for stormwater and wastewater conveyance systems.
2. Cleaning of culverts conveying stormwater in roadside ditches.
3. Ditch maintenance.
4. Road and bridge maintenance.
5. Road repair and resurfacing including pavement grinding.
6. Dust control for roads and municipal construction sites.
7. Winter road maintenance.
8. Fleet maintenance and vehicle washing.
9. Building and sidewalk maintenance including washing.
10. Solid waste transfer and disposal areas.
11. Municipal landscape maintenance.
12. Park and open space maintenance including pet waste management.
13. Municipal golf course maintenance.
14. Material storage and transfer areas.
15. Fertilizer and pesticide storage and transfer areas.
16. Hazardous material storage and transfer areas.
17. Used oil storage and transfer areas.
18. Fuel storage areas and refueling areas.
19. Fire fighting training activities.
iv. Requirements for Pesticide and Fertilizer Applications
The Permit Registrant must establish practices to prevent the discharge of pollutants to the
MS4 associated with the application of pesticides and fertilizers, including public right-of-
ways, parks, recreational facilities, golf courses, and landscaped areas. All employees or
contractors of the Permit Registrant applying pesticides must follow all label requirements,
including those regarding application methods, rates, number of applications allowed, and
disposal of the pesticide and rinsate.
V. Permittee-owned NPDES Industrial Stormwater Permit Facilities
Permit Registrant-owned or operated facilities with industrial activity as defined in 40 CFR
§122.26(b)(14) discharging stormwater to the waters of the State must have coverage under
DEQ's NPDES Industrial Stormwater Permit. The Permit Registrant may use the actions
required in the NPDES Industrial Stormwater Permit to address the applicable facility
requirements in Schedule A.f.iii.
vi. Litter Control
The Permit Registrant must implement effective controls to reduce litter to the MS4. In
complying with this requirement, the Permit Registrant may work cooperatively with other
entities to implement the public participation requirements in Schedule A.4.b to control litter
on a regular basis. The Permit Registrant must require litter control during and after public
events to reduce the discharge of pollutants to receiving waters.
vii. Materials Disposal
The Permit Registrant must implement documented procedures in accordance with state and
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 27 of 48
federal rules for proper reuse or disposal of materials or waste removed from properties,
infrastructure or assets owned or operated by the Permit Registrant that could impact
stormwater quality.
viii. Stormwater Infrastructure Staff Training
The Permit Registrant must, at least once during the permit term, provide training or
professional development the following:
1. Individuals responsible for performing O&M practices or evaluating compliance with
long-term O&M requirements in Schedule A.4.e.vi and Schedule A.4.f.ii.
2. Individuals responsible for ensuring pollution prevention at facilities and during
operations as requirements in Schedule A.4.f.iii.
Training must be provided to staff involved in implementing the Permit Registrant's
pollution prevention and good housekeeping for municipal operations program within 6
months of their assignment to this program. Permit Registrant must provide follow-up
training as procedures and/or technology utilized in this program change.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 28 of 48
SCHEDULE B - MONITORING AND REPORTING REQUIREMNTS
1. Monitoring Requirements
The Permit Registrant must evaluate S WMP compliance, the appropriateness of identified best
management practices, and progress toward achieving identified measurable goals. If the Permit
Registrant discharges to a water body for which a TMDL has been approved or is listed on the 303(d)
list, the Permit Registrant must comply with the additional monitoring requirements under Schedule
D(2).
a. When the Permit Registrant conducts stormwater monitoring, the following monitoring
requirements must be followed:
i. Samples and measurements taken for the purpose of monitoring must be representative of
the monitored activity.
ii. Sample collection, preservation, and analysis must be conducted according to sufficiently
sensitive methods/test procedures approved under 40 CFR § 136, unless otherwise approved
by DEQ. Where an approved 40 CFR § 136 method does not exist, and other test procedures
have not been specified, any available method may be used after approval from DEQ.
b. Records of monitoring information must include:
i. The date, exact place, and time of sampling or measurements.
ii. The names(s) of the individual(s) who performed the sampling or measurements.
iii. The date(s) analyses were performed.
iv. The names of the individuals who performed the analyses.
V. The analytical techniques or methods used.
vi. The results of such analyses.
c. Monitoring Report
i. Monitoring results must be reported in the Annual Report.
2. Recordkeeping
a. Records Retention
The Permit Registrant must retain records and copies of all information (e.g., all monitoring,
calibration, and maintenance records; all original strip chart recordings for any continuous
monitoring instrumentation; copies of all reports required by this permit; annual reports; a copy of
the NPDES permit; and, records of all data or information used in the development and
implementation of the SWMP) for a period of at least five years from the date permit compliance
action or for the term of this permit, whichever is longer. This period may be extended at the
request of DEQ at any time.
b. Availability of Records
The Permit Registrant must submit the records referred to in Schedule B.2.a to DEQ only when
such information is requested. The Permit Registrant must also make all records described above
available to the public, if requested to do so in writing. The public must be able to view the records
during normal business hours.
c. Annual Report
No later than March 15 of each year beginning in 2018, the Permit Registrant must submit an
Annual Report to DEQ. The Permit Registrant must use the Annual Report form provided by
DEQ. The reporting period for the 1 st Year Annual Report will be from January I through
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
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December 31, 2017. Reporting periods for subsequent Annual Reports are specified in Table 1
below. The Permit Registrant must make available to the public all Annual Reports, including any
required documents attached to the Annual Report through the Permittee -maintained website
specified in Schedule A.4.b.ii.
Table 2. Annual Report Deadlines
Annual Report Reporting Period Due Date
1 st Year Annual Report January 1 - December 31, 2017 March 15, 2018
2nd Year Annual Report January 1 - December 31, 2018 March 15, 2019
3rd Year Annual Report January 1 - December 31, 2019 March 15, 2020
4th Year Annual Report January I - December 31, 2020 March 15, 2021
5th Year Annual Report January 1 - December 31, 2021 March 15, 2022
d. Submissions
The Permit Registrant must provide DEQ with one hard copy and one electronic copy (on CD-
ROM or other portable electronic storage device) of Annual Reports and/or other required
documents. For electronic submittal of documents (i.e., e-Reporting), DEQ may provide the
Permit Registrant with instructions for submitting Annual Reports and/or other documents
required by this permit electronically. Once a Permit Registrant receives permission to submit
electronically, it will no longer be required to submit such materials to DEQ in hardcopy.
e. Addresses
All hardcopy Annual Reports, attachments, and other required submittals must be sent to DEQ at
the following address:
Oregon Department of Environmental Quality
Attention: MS4 Coordinator
700 NE Multnomah St., Suite 600
Portland, OR 97232
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 30 of 48
SCHEDULE C - COMPLIANCE CONDITIONS AND DATES
Compliance conditions and dates are not included at this time.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 31 of 48
SCHEDULE D - SPECIAL CONDITIONS
1. Legal Authority
Each Permit Registrant or co-Permit Registrant must maintain adequate legal authority through
ordinance(s), code(s), interagency agreement(s), contract(s), and/or other mechanisms to implement
and enforce the provisions of this Permit.
If such legal authority does not already exist, the Permit Registrant must adopt new ordinances or
regulatory mechanisms that provide it with adequate legal authority, as allowed and authorized
pursuant to applicable state law, in accordance with the implementation schedule outlined in Schedule
A.4 which includes requirements for ordinance or other regulatory mechanisms to comply with this
Permit.
2. Requirements for Water Bodies with CWA Section 303(d) Listed Pollutants and TMDLs
a. Implementation Deadline
No later than December 31, 2021, Permit Registrant must perform the required actions in
Schedule D.2.d.
b. Applicability
The requirements of this section apply to MS4 discharges to receiving waters with established
Total Maximum Daily Loads and with new or modified TMDLs approved by EPA during this
permit term where urban stormwater is identified as a source of TMDL pollutant loading. This
section also applies to MS4 discharges to receiving waters identified as impaired on DEQ's
current Integrated Report and 303(d) list for particular pollutants when the scientific literature
indicates that urban stormwater may be a reasonable source for these 303(d) listed pollutants.
Established TMDLs in the Permit Registrant's permit coverage area are noted on page 1 of this
permit.
MS4 discharges of pollutants that are listed in a TMDL with applicable load or wasteload
allocations for urban stormwater and that are on the 303(d) list must be reduced through the
implementation of Water Quality Standard Attainment Performance Measures described in
Schedule D.2.c. Progress towards reducing TMDL pollutant and 303(d) pollutant loads will be
evaluated, in subsequent permit terms, by the Permit Registrant using, in part, the documentation
required in Schedule D.2.d and a DEQ-approved model.
c. Water Quality Standard Attainment Performance Measures
The Water Quality Standard Attainment Performance Measures are specific actions that DEQ has
identified as important management strategies or actions during the development of TMDLs
and/or during the development of this Permit. These Performance Measures will reduce the
loading of chronic sources of TMDL and 303(d) listed pollutants in the Permit Registrant's
stormwater discharge. The Water Quality Standard Attainment Performance Measures are:
i. The elimination of chronic illicit discharges containing TMDL and 303(d) listed pollutants
as required in Schedule A.4.c.v.6.
ii. The nonstructural and structural stormwater controls that the Permit Registrant implements
or requires implementation to reduce chronic loads of TMDL and 303(d) listed pollutants in
its stormwater discharge as required in Schedule A.4.e.iv.
iii. The stormwater controls that the Permit Registrant implements after periodically evaluating
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 32 of 48
opportunities to utilize nonstructural stormwater controls and to retrofit structural
stormwater controls to reduce chronic loads of TMDL and 303(d) listed pollutants in its
discharge. In its evaluation of opportunities, the Permit Registrant must consider the
following:
1. Stormwater master planning and the capital improvement plan arising from this master
planning.
2. Projects to mitigate local flooding concerns.
3. Projects to repair stormwater systems damaged by flooding.
4. Transportation system improvement projects.
5. All other infrastructure projects where municipal stormwater is a component and is
discharged to the MS4.
d. Water Quality Standard Attainment Performance Measure Tracking
The Permit Registrant must track and document the implementation of Water Quality Standard
Attainment Performance Measures in Schedule D.2.c during the permit term in accordance with
following compliance in Schedule A.4.c.i. The Permit Registrant must submit this tracking
document by the implementation deadline in Schedule D.2.a. The tracking document must
include the following:
i. A map or digital inventory providing the location and a description of each structural
stormwater control required in Schedule A.4.e.iv that is installed in new development and
redevelopment. This documentation must include:
1. For all Permit Registrants, a summary of the unit process or processes (e.g., filtration,
volume reduction, sorption) and a summary of the rationale for its selection in designing
the structural stormwater control.
2. For all Permit Registrants, the impervious surface area managed by each structural
stormwater control.
3. For Wood Village's MS4, a summary of the following to evaluate the control strategies
established for the Lower Columbia Slough Phosphate, Lead, and Bacteria TMDLs:
a. For phosphate, monitor influent and effluent dissolved ortho phosphate
concentrations and total phosphate concentrations at a representative site in Fairveew
Lake (Reach 4) and Fairview Creek (Reach 5).
b. For lead, estimates of the effectiveness of controls to remove TSS.
c. For bacteria, measuring E. coli concentrations and its distribution over flows (e.g.,
flow duration intervals) to demonstrate compliance with E. coli criteria.
ii. A map or digital inventory providing the location of nonstructural stormwater controls
employed in compliance with Schedule A.4.e.ii such as protected riparian buffers, protected
wetlands, street trees, and green space used to reduce and treat stormwater as well as street
sweeping practices to remove stormwater pollutants. The information on these nonstructural
controls must include the impervious surface area managed by each nonstructural
stormwater control. For nonstructural stormwater controls utilized to reduce stormwater, this
information must include an estimate of the volume of stormwater retained annually by these
controls and the analysis supporting this estimate. For street sweeping practices utilized, the
surface area of streets swept and an estimate of the solids captured per year and the analysis
supporting this estimate.
iii. The location and description of any potential near future (i.e., within 5 years) opportunities
to integrate nonstructural and structural stormwater controls into stormwater capital
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 33 of 48
improvements projects, projects to mitigate local flooding, projects to repair stormwater
systems damaged by flooding, transportation system improvements, and any other
infrastructure projects where stormwater is a component. The description of potential near
future opportunities must note the opportunities that were implemented which included
nonstructural and/or structural stormwater controls to reduce TMDL and/or 303(d) pollutant
loads. The Permit Registrant must document these on the map or digital inventory used in
Schedule D.2.d.i and ii.
iv. A map or digital inventory utilizing the documentation required in Schedule A.4.c.ii.3 and/or
Schedule A.4.c.ii.4 providing the location of chronic illicit discharges that were identified
and eliminated and that contained TMDL and/or 303(d) listed pollutant. The Permit
Registrant must provide an estimate of the pollutant load removed annually with these illicit
discharge removal actions and include the supporting analysis for this estimate.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 34 of 48
3. Definitions:
a. Best Management Practices (BMPs) - BMPs as used in this Permit are synonymous with
structural and nonstructural stormwater controls and include the schedule of activities, controls,
prohibition of practices, maintenance procedures and other management practices designed to
prevent or reduce pollution. BMPs also include treatment requirements for structural stormwater
BMPs or controls as well as operating procedures and practices to prevent pollutants from
contaminating stormwater runoff and to reduce runoff to reduce pollutant loading (see definitions
for structural stormwater BMPs or controls and nonstructural stormwater BMPs or controls).
b. Chronic Illicit Discharges - are continuous illicit discharges resulting from sanitary/wastewater
connections to an MS4, sanitary/wastewater inflows into a MS4 resulting from failing wastewater
and stormwater conveyance systems, and unpermitted industrial wastewater discharges to the
MS4. This definition is synonymous with the definition for continuous illicit discharges in the
Center for Watershed Protection's 2011 Illicit Discharge Detection and Tracking Guide.
C. Clean Water Act or CWA - refers to what was formally called the Federal Water Pollution
Control Act or Federal Water Pollution Control Act Amendments of 1972) Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117,
33 U.S.C. § 1251 et seq. [40 CFR §122.2].
d. Erosion - is the process of carrying away soil particles by the action of water.
e. Erosion and Sediment Control Plan - is a site specific plan designed to describe the control of
soil, raw materials, or other substances to prevent pollutants in storm water runoff, a ESCP is
generally developed for a construction site. For the purposes of this permit, an ESCP means a
written document that identifies potential sources of pollution, describes practices to reduce
pollutants in stormwater discharges from the site, and identifies procedures or controls that the
operator will implement to reduce impacts to water quality and comply with applicable Permit
requirements.
f. Equivalent Illicit Discharge Detection And Tracking Techniques - these are techniques that are
equal in function and documented efficacy to the techniques described in the Center for
Watershed Protection's 2004 Illicit Discharge Detection and Elimination: A Guidance Manual
for Program Development and Technical Assessments.
g. Evaporate - is rainfall that is changed or converted into a vapor.
h. Evapotranspiration - is the sum of evaporation and transpiration of water from the earth's surface
to the atmosphere. It includes evaporation of liquid or solid water plus the transpiration from
plants.
i. Final Stabilization - is determined by satisfying the following criteria: (1) there is no reasonable
potential for discharge of a significant amount of construction related sediment or turbidity to
surface waters; (2) construction materials and waste have been removed and disposed of
properly. This includes any sediment that was being retained by the temporary erosion and
sediment controls; (3) all temporary erosion and sediment controls have been removed and
disposed of properly, unless doing so conflicts with local requirements; (4) all soil disturbance
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 35 of 48
activities have stopped and all stormwater discharges from construction activities that are
authorized by this permit have ceased; (5) all disturbed or exposed areas of the site are covered
by either final vegetative stabilization or permanent stabilization measures. However, temporary
or permanent stabilization measures are not required for areas that are intended to be left
unvegetated or unstabilized following construction (such as dirt access roads, utility pole pads,
areas being used for storage of vehicles, equipment, or materials), provided that measures are in
place to eliminate or minimize erosion.
j. Green Infrastructure - is a specific type of stormwater control using vegetation, soils, and natural
processes to manage stormwater. At the scale of a neighborhood or site, green infrastructure
refers to stormwater management systems designed to mimic nature by reducing and/or storing
stormwater through infiltration, evaporation, and transpiration. At the scale of city or county,
green infrastructure refers to the patchwork of natural areas that provides flood protection and
natural processes that remove pollutants from storrrlwater.
k. Infiltration - is the process by which storm water penetrates into soil.
1. Illicit Connections - include, but are not limited to, pipes, drains, open channels, or other
conveyances that have the potential to allow an illicit discharge.
m. Illicit Discharge - is any discharge to a municipal separate storm sewer system that is not
composed entirely of stormwater except discharges authorized under Section A.4.a.xii.,
discharges permitted by a NPDES permit or other state or federal permit, or otherwise authorized
by the Department.
n. Impervious Surface - any surface resulting from development activities that prevents the
infiltration of water or results in more runoff than in the undeveloped condition. Common
impervious surfaces include: building roofs, traditional concrete or asphalt paving on walkways,
driveways, parking lots, gravel roads, and packed earthen materials.
o. Low Impact Development - a stormwater management approach that seeks to mitigate the
impacts of increased runoff and stormwater pollution using a set of planning, design and
construction approaches and stormwater management practices that promote the use of natural
systems for infiltration, evapotranspiration, and reuse of rainwater, and can occur at a wide range
of landscape scales (i.e., regional, community and site). Low impact development is a
comprehensive land planning and engineering design approach to stormwater management with a
goal of mimicking the pre-development hydrologic regime of urban and developing watersheds.
p. MEP or Maximum Extent Practicable - is the technology-based discharge standard for municipal
separate storm sewer systems to reduce pollutants in storm water discharges that was established
by Section 402(p) of the Clean Water Act, 33 U.S.C §1342(p).
q. Measurable Goals - are BMP objectives or targets used to identify progress of SWMP and BMP
implementation. Measurable goals are prospective and, wherever possible, quantitative.
Measurable goals describe what the Permit Registrant intends to do and when they intend to do it.
r. Municipal Separate Storm Sewer System - is defined in 40 CFR § 122.26(b) and means a
conveyance or system of conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 36 of 48
by a State, city, town, borough, county, parish, district, association, or other public body (created
by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm
water, or other wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian
tribal organization, or a designated and approved management agency under Section 208 of the
Clean Water Act (CWA) that discharges to waters of the United States; (ii) Designed or used for
collecting or conveying storm water; (iii) Which is not a combined sewer; and (iv) Which is not
part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2.
S. National Pollutant Discharge Elimination System - is the national program for issuing, modifying,
revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA [40 CFR
§ 122.2].
t. Natural Stormwater Management Features - are non-manmade landscape features such as
floodplains, wetlands, riparian areas, depressions, and ponds that retain, infiltrate, evaporate, and
transpire rainfall. These features may also include herbaceous plant cover and shrub and tree
canopies that are present prior to site development.
U. Nonstructural Stormwater Controls or BMPs - are stormwater controls in the form of
development standards or other regulatory mechanisms intended to minimize and treat
stormwater by minimizing impervious surfaces and by using soil infiltration, evaporation, and
transpiration. These controls may also take the form of procedural practices to prevent pollutants
from contaminating stormwater. The use of this term in this Permit is consistent with the
discussion of nonstructural stormwater BMPs in 64 Federal Register 68760 (December 9, 1999)
which encompasses preventative actions that involve management and source controls such as:
(1) policies and ordinances that provide requirements and standards to direct growth to identified
areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open
space (including a dedicated funding source for open space acquisition), provide buffers along
sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and
vegetation; (2) policies or ordinances that encourage infill development in higher density urban
areas, and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about project designs that minimize water quality impacts; and (4) other measures
such as minimization of the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought of as
good housekeeping, preventive maintenance and spill prevention.
V. Outfall - is defined as a point source at the point where a municipal separate storm sewer
discharges to waters of the State, and does not include open conveyances connecting two
municipal separate storm sewers or pipes, tunnels, or other conveyances which connect segments
of the same stream or other waters of the State and are used to convey waters of the State.
W. Owner or Operator - is the owner or operator of any "facility or activity" subject to regulation
under the NPDES program.
X. Pesticide - as used this Permit carries the same definition as used in the Federal Insecticide,
Fungicide, and Rodenticide Act and is any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest. Under FIFRA, pest is any insect, rodent,
nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 37 of 48
virus, bacteria, or other micro-organism
y. Plant Interception - is the capture of precipitation by the plant canopy and its subsequent return to
the atmosphere through evaporation or sublimation.
Z. Pollutant - is dredged spoil; solid waste; incinerator residue; sewage; garbage; sewerage sludge;
munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or
discarded equipment; rock; sand; cellar dirt; and industrial, municipal, and agricultural waste
discharged into water.
aa. Predevelopment Hydrologic Function - is the hydrology of a site reflecting the local rainfall
patterns, soil characteristics, land cover, evapotranspiration, and topography. The term
predevelopment as used in predevelopment hydrologic function is consistent with the term
predevelopment as discussed in Federal Register Volume 64, Number 235 and refers to the runoff
conditions that exist onsite immediately before the planned development activities occur.
Predevelopment is not intended to be interpreted as the period before any human-induced land
disturbance activity has occurred.
bb. Post-Construction Site Runoff Plan - is a plan developed by a site owner or operator and/or their
designer to demonstrate compliance with the post-construction stormwater management and long-
term operation and maintenance requirements of this permit.
cc. Redevelopment - a project on a previously developed site that results in the addition or
replacement of impervious surface.
dd. Site Performance Standard - refers to the standards for the retention of stormwater onsite and for
treatment of stormwater discharged from stormwater controls utilized and/or installed in newly
developed and redeveloped sites.
ee. Small MS4 - is a municipal separate storm sewer that is not medium or large MS4. Large MS4 is
defined in 40 CFR § 122.26(b)(4). Medium MS4 is defined in 40 CFR 122.26(b)(7).
ff. Stormwater - is runoff and includes snow melt runoff, and surface runoff and drainage, and is
defined in 40 CFR § 122.26(b)(13). "Stormwater" means that portion of precipitation that does not
naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels,
or pipes into a defined surface water channel or a constructed infiltration facility.
gg. Stormwater Control - refers to both nonstructural and structural stormwater controls or BMPs.
hh. Stormwater Management Program - is a comprehensive program to manage the quality of
stormwater discharged from the municipal separate storm sewer system. For the purposes of this
Permit, the SWMP consists of the actions and activities conducted by the Permit Registrant as
required by this Permit and described in the Permit Registrant's SWMP Plan. A "SWMP Plan" or
"SWMP Plan Document" is the written summary describing the unique and/or cooperative means
by which an individual Permit Registrant or entity implements the specific stormwater
management controls within their jurisdiction.
ii. Stormwater Master Plan - is a public facilities plan that is by definition a support document or
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 38 of 48
documents to a local comprehensive plan required in Oregon, and certain elements of this plan
must be adopted as part of the comprehensive plan. See OAR 660-011-0045.
J. Stormwater Mitigation Bank Program - is a program for off-site compliance that establishes a
market with an entity that tracks the life cycle of an off-site mitigation credit by certifying the
credit, issuing a tradable credit to the seller, transferring the ownership of the credit from the
seller to the buyer, and use or retirement of the credit to receive a benefit when buyer of the credit
is unable to meet a retention requirement on their site.
kk. Stormwater Payment-in-Lieu Program - is a program for off-site compliance where the Permit
Registrant or site owner/operator pays a fee in lieu of full compliance on the development site
with this fee based on volume ratios (i.e., volume stormwater to be retained onsite to the volume
to be retained at the mitigation site) and a rate specified by the Permittee. The Permit Registrant
can aggregate fees and apply them to a public stormwater structural or nonstructural control at a
later point in time.
11. Structural Stormwater Controls or BMPs - are stormwater controls that physically designed,
installed, and maintained to prevent or reduce the discharge of pollutants in stormwater to
minimize the impacts of stormwater on water bodies. As noted in the 64 Federal Register 68760
(December 9, 1999), examples of structural stormwater controls or BMPs include: (1) storage
practices such as wet ponds and extended-detention outlet structures; (2) filtration practices such
as grassed swales, sand filters and filter strips; and, (3) infiltration practices such as infiltration
basins and infiltration trenches.
mm. Structural Stormwater Control Demonstration Project - is a project to evaluate new technologies
for stormwater treatment that are currently not among the allowable or approved structural
stormwater controls for treating Stormwater discharged from a developed site.
nn. Subwatershed - the topographic perimeter of the catchment area of a stream tributary.
oo. Time of Concentration - travel time for a drop of water to travel from most hydrologically remote
location in a defined catchment to the outlet for that catchment where remoteness relates to time
of travel rather than distance.
pp. Transpiration - to release water vapor into the atmosphere through plant stomata or pores.
qq. Wastewater Master Plan - is a public facilities plan that is by definition a support document or
documents to a local comprehensive plan required in Oregon, and certain elements of this plan
must be adopted as part of the comprehensive plan. See OAR 660-011-0045.
rr. Waters of the State - Lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams,
creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State
of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or
coastal, fresh or salt, public or private (except those private waters that do not combine or effect a
junction with natural surface or underground waters) that are located wholly or partially within or
boarding the state or within its jurisdiction.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 39 of 48
SCHEDULE F - NPDES PERMIT GENERAL CONDITIONS - MUNICIPAL SEPARATE
STORM SEWER SYSTEMS
October 1, 2015
The general conditions in this schedule apply only to the extent they do not conflict with the requirements
contained in Schedules A through E. If the permit requirements in Schedule A through D conflict with
these general conditions, the permit requirements in Schedule A through D will control.
SECTION A. STANDARD CONDITIONS
Al. Duty to Comply with Permit
The permittee must comply with all conditions of this permit. Failure to comply with any pen-nit
condition is a violation of Oregon Revised Statutes (ORS) 46813.025 and the federal Clean Water
Act and is grounds for an enforcement action. Failure to comply is also grounds for DEQ to
terminate, modify and reissue, revoke, or deny renewal of a permit.
A2. Penalties for Water Pollution and Permit Condition Violations
The permit is enforceable by DEQ or EPA, and in some circumstances also by third-parties under the
citizen suit provisions of 33 USC § 1365. DEQ enforcement is generally based on provisions of state
statutes and Environmental Quality Commission (EQC) rules, and EPA enforcement is generally
based on provisions of federal statutes and EPA regulations.
ORS 468.140 allows DEQ to impose civil penalties up to $25,000 per day for violation of a term,
condition, or requirement of a permit. The federal Clean Water Act provides for civil penalties not to
exceed $25,000 per day for each violation of any condition or limitation of this permit.
Under ORS 468.943, unlawful water pollution in the second degree, is a Class A misdemeanor and is
punishable by a fine of up to $25,000, imprisonment for not more than one year, or both. Each day
on which a violation occurs or continues is a separately punishable offense. The federal Clean Water
Act provides for criminal penalties of not more than $50,000 per day of violation, or imprisonment
of not more than 2 years, or both for second or subsequent negligent violations of this permit.
Under ORS 468.946, unlawful water pollution in the first degree is a Class B felony and is
punishable by a fine up to $250,000, imprisonment for not more than 10 years or both. The federal
Clean Water Act provides for criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment of not more than 3 years, or both for knowing violations of the permit. In the case of a
second or subsequent conviction for knowing violation, a person is subject to criminal penalties of
not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
A3. Duty to Mitigate
The permittee must take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit. In addition, upon request of DEQ, the permittee must correct any
adverse impact on the environment or human health resulting from noncompliance with this permit,
including such accelerated or additional monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
A4. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and have the permit renewed. The application must be
submitted at least 180 days before the expiration date of this permit.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
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DEQ may grant permission to submit an application less than 180 days in advance but no later than
the permit expiration date.
A5. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause including, but not
limited to, the following:
a. Violation of any term, condition, or requirement of this permit, a rule, or a statute.
b. Obtaining this permit by misrepresentation or failure to disclose fully all material facts.
c. A change in any condition that requires either a temporary or permanent reduction or
elimination of the authorized discharge.
d. The permittee is identified as a Designated Management Agency or allocated a wasteload under
a total maximum daily load (TMDL).
e. New information or regulations.
f. Modification of compliance schedules.
g. Requirements of permit reopener conditions.
h. Correction of technical mistakes made in determining permit conditions.
i. Determination that the permitted activity endangers human health or the environment.
j. Other causes as specified in 40 CFR 122.62, 122.64, and 124.5.
The filing of a request by the permittee for a permit modification, revocation or reissuance,
termination, or a notification of planned changes or anticipated noncompliance does not stay any
permit condition.
A6. Toxic Pollutants
The permittee must comply with any applicable effluent standards or prohibitions established under
Oregon Administrative Rules (OAR) 340-041-0033 and 307(a) of the federal Clean Water Act for
toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the federal Clean Water Act within the time provided in the regulations that establish those
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
A7. Property Rights and Other Legal Requirements
The issuance of this permit does not convey any property rights of any sort, or any exclusive
privilege, or authorize any injury to persons or property or invasion of any other private rights, or
any infringement of federal, tribal, state, or local laws or regulations.
A8. Permit References
Except for effluent standards or prohibitions established under section 307(a) of the federal Clean
Water Act and OAR 340-041-0033 for toxic pollutants, and standards for sewage sludge use or
disposal established under section 405(d) of the federal Clean Water Act, all rules and statutes
referred to in this permit are those in effect on the date this permit is issued.
A9. Permit Fees
The permittee must pay the fees required by OAR.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
B 1. Proper Operation and Maintenance
The permittee must at all times properly operate and maintain all facilities and systems of treatment
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 41 of 48
and control (and related appurtenances) that are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of the permit.
B2. Need to Halt or Reduce Activity Not a Defense
For industrial or commercial facilities, upon reduction, loss, or failure of the treatment facility, the
permittee must, to the extent necessary to maintain compliance with its permit, control production or
all discharges or both until the facility is restored or an alternative method of treatment is provided.
This requirement applies, for example, when the primary source of power of the treatment facility
fails or is reduced or lost. It is not a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
B3. Bypass of Treatment Facilities
a. Definitions
(1) "Bypass" means intentional diversion of waste streams from any portion of the treatment
facility. The permittee may allow any bypass to occur which does not cause effluent
limitations to be exceeded, provided the diversion is to allow essential maintenance to
assure efficient operation. These bypasses are not subject to the provisions of paragraphs b
and c of this section.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources that can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
b. Prohibition of bypass.
(1) Bypass is prohibited and DEQ may take enforcement action against a permittee for bypass
unless:
i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
ii. There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass that occurred during normal periods of equipment
downtime or preventative maintenance; and
iii. The permittee submitted notices and requests as required under General Condition
B3.c.
(2) DEQ may approve an anticipated bypass, after considering its adverse effects and any
alternatives to bypassing, when DEQ determines that it will meet the three conditions listed
above in General Condition B3.b(1).
c. Notice and request for bypass.
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, a written
notice must be submitted to DEQ at least ten days before the date of the bypass.
(2) Unanticipated bypass. The permittee must submit notice of an unanticipated bypass as
required in General Condition D5.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 42 of 48
B4. Upset
a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operation error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventative maintenance, or careless or improper operation.
b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology-based permit effluent limitations if the requirements of
General Condition B4.c are met. No determination made during administrative review of claims
that noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
C. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the
affirmative defense of upset must demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the causes(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required in General Condition D5, hereof
(24-hour notice); and
(4) The permittee complied with any remedial measures required under General Condition A3
hereof.
d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the
occurrence of an upset has the burden of proof.
B5. Treatment of Single Operational Upset
For purposes of this permit, a single operational upset that leads to simultaneous violations of more
than one pollutant parameter will be treated as a single violation. A single operational upset is an
exceptional incident that causes simultaneous, unintentional, unknowing (not the result of a knowing
act or omission), temporary noncompliance with more than one federal Clean Water Act effluent
discharge pollutant parameter. A single operational upset does not include federal Clean Water Act
violations involving discharge without a NPDES permit or noncompliance to the extent caused by
improperly designed or inadequate treatment facilities. Each day of a single operational upset is a
violation.
B6. Public Notification of Effluent Violation
If effluent limitations specified in this permit are exceeded or an overflow occurs that threatens
public health, the permittee must take such steps as are necessary to alert the public, health agencies
and other affected entities (for example, public water systems) about the extent and nature of the
discharge in accordance with the notification procedures developed under General Condition B7.
Such steps may include, but are not limited to, posting of the river at access points and other places,
news releases, and paid announcements on radio and television.
B7. Emergency Response and Public Notification Plan
The permittee must develop and implement an emergency response and public notification plan that
identifies measures to protect public health from bypasses or upsets that may endanger public health.
At a minimum the plan must include mechanisms to:
a. Ensure that the permittee is aware (to the greatest extent possible) of such events;
b. Ensure notification of appropriate personnel and ensure that they are immediately dispatched for
investigation and response;
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 43 of 48
C. Ensure immediate notification to the public, health agencies, and other affected entities
(including public water systems). The response plan must identify the public health and other
officials who will receive immediate notification;
d. Ensure that appropriate personnel are aware of and follow the plan and are appropriately
trained;
e. Provide emergency operations; and
f. Ensure that DEQ is notified of the public notification steps taken.
B8. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters must be disposed of in such a manner as to prevent any pollutant from such materials
from entering waters of the state, causing nuisance conditions, or creating a public health hazard.
SECTION C. MONITORING AND RECORDS
C l . Representative Sampling
Sampling and measurements taken as required herein must be representative of the volume and
nature of the monitored discharge. All samples must be taken at the monitoring points specified in
this permit, and must be taken, unless otherwise specified, before the effluent joins or is diluted by
any other waste stream, body of water, or substance. Monitoring points must not be changed without
notification to and the approval of DEQ. Samples must be collected in accordance with
requirements in 40 CFR part 122.21 and 40 CFR part 403 Appendix E.
C2. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
must be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices must be installed, calibrated and maintained to insure that the
accuracy of the measurements is consistent with the accepted capability of that type of device.
Devices selected must be capable of measuring flows with a maximurn deviation of less than ± 10
percent from true discharge rates throughout the range of expected discharge volumes.
C3. Monitoring Procedures
Monitoring must be conducted according to test procedures approved under 40 CFR part 136 or, in
the case of sludge (biosolids) use and disposal, approved under 40 CFR part 503 unless other test
procedures have been specified in this permit.
For monitoring of recycled water with no discharge to waters of the state, monitoring must be
conducted according to test procedures approved under 40 CFR part 136 or as specified in the most
recent edition of Standard Methods for the Examination of Water and Wastewater unless other test
procedures have been specified in this permit or approved in writing by DEQ.
C4. Penalties for Tampering
The federal Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required to be maintained under this permit
may, upon conviction, be punished by a fine of not more than $10,000 per violation, imprisonment
for not more than two years, or both. If a conviction of a person is for a violation committed after a
first conviction of such person, punishment is a fine not more than $20,000 per day of violation, or
by imprisonment of not more than four years, or both.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 44 of 48
C5. Reporting of Monitoring Results
Monitoring results must be summarized each month on a discharge monitoring report form approved
by DEQ. The reports must be submitted monthly and are to be mailed, delivered or otherwise
transmitted by the 15th day of the following month unless specifically approved otherwise in
Schedule B of this permit.
C6. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using test
procedures approved under 40 CFR part 136 or, in the case of sludge (biosolids) use and disposal,
approved under 40 CFR part 503 or as specified in this permit, the results of this monitoring must be
included in the calculation and reporting of the data submitted in the discharge monitoring report.
Such increased frequency must also be indicated. For a pollutant parameter that may be sampled
more than once per day (for example, total residual chlorine), only the average daily value must be
recorded unless otherwise specified in this permit.
C7. Averaging of Measurements
Calculations for all limitations that require averaging of measurements must utilize an arithmetic
mean, except for bacteria which must be averaged as specified in this permit.
C8. Retention of Records
Records of monitoring information required by this permit related to the permittee's sewage sludge
use and disposal activities must be retained for a period of at least 5 years (or longer as required by
40 CFR part 503). Records of all monitoring information including all calibration and maintenance
records, all original strip chart recordings for continuous monitoring instrumentation, copies of all
reports required by this permit and records of all data used to complete the application for this permit
must be retained for a period of at least 3 years from the date of the sample, measurement, report, or
application. This period may be extended by request of DEQ at any time.
C9. Records Contents
Records of monitoring information must include:
a. The date, exact place, time, and methods of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
C 10. Inspection and Entry
The permittee must allow DEQ or EPA upon the presentation of credentials to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as
otherwise authorized by state law, any substances or parameters at any location.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 45 of 48
C 11. Confidentiality of Information
Any information relating to this permit that is submitted to or obtained by DEQ is available to the
public unless classified as confidential by the Director of DEQ under ORS 468.095. The permittee
may request that information be classified as confidential if it is a trade secret as defined by that
statute. The name and address of the permittee, permit applications, permits, effluent data, and
information required by NPDES application forms under 40 CFR § 122.21 are not classified as
confidential [40 CFR § 122.7(b)].
SECTION D. REPORTING REQUIREMENTS
D1. Planned Changes
The permittee must comply with OAR 340-052, "Review of Plans and Specifications" and 40 CFR
§ 122.4 1 (1)(1). Except where exempted under OAR 340-052, no construction, installation, or
modification involving disposal systems, treatment works, sewerage systems, or common sewers
may be commenced until the plans and specifications are submitted to and approved by DEQ. The
permittee must give notice to DEQ as soon as possible of any planned physical alternations or
additions to the permitted facility.
D2. Anticipated Noncompliance
The permittee must give advance notice to DEQ of any planned changes in the permitted facility or
activity that may result in noncompliance with permit requirements.
D3. Transfers
This permit may be transferred to a new permittee provided the transferee acquires a property
interest in the permitted activity and agrees in writing to fully comply with all the terms and
conditions of the permit and EQC rules. No permit may be transferred to a third party without prior
written approval from DEQ. DEQ may require modification or revocation and reissuance of the
permit to change the name of the permittee and incorporate such other requirements as may be
necessary under 40 CFR § 122.61. The permittee must notify DEQ when a transfer of property
interest takes place.
D4. Compliance Schedule
Reports of compliance or noncompliance with, or any progress reports on interim and final
requirements contained in any compliance schedule of this permit must be submitted no later than 14
days following each schedule date. Any reports of noncompliance must include the cause of
noncompliance, any remedial actions taken, and the probability of meeting the next scheduled
requirements.
D5. Twenty-Four Hour Reporting
The permittee must report any noncompliance that may endanger health or the environment. Any
information must be provided orally (by telephone) within 24 hours from the time the permittee
becomes aware of the circumstances, unless a shorter time is specified in the permit. During normal
business hours, the DEQ regional office must be called. Outside of normal business hours, DEQ
must be contacted at 1-800-452-0311 (Oregon Emergency Response System).
The following must be included as information that must be reported within 24 hours under this
paragraph:
a. Any unanticipated bypass that exceeds any effluent limitation in this permit;
b. Any upset that exceeds any effluent limitation in this permit;
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 46 of 48
C. Violation of maximum daily discharge limitation for any of the pollutants listed by DEQ in this
permit; and
d. Any noncompliance that may endanger human health or the environment.
A written submission must also be provided within 5 days of the time the permittee becomes aware
of the circumstances. The written submission must contain:
e. A description of noncompliance and its cause;
f. The period of noncompliance, including exact dates and times;
g. The estimated time noncompliance is expected to continue if it has not been corrected;
h. Steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and
i. Public notification steps taken, pursuant to General Condition B7.
DEQ may waive the written report on a case-by-case basis if the oral report has been received within
24 hours.
D6. Other Noncompliance
The permittee must report all instances of noncompliance not reported under General Condition D4
or D5, at the time monitoring reports are submitted. The reports must contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times;
C. The estimated time noncompliance is expected to continue if it has not been corrected; and
d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
D7. Duty to Provide Information
The permittee must furnish to DEQ within a reasonable time any information that DEQ may request
to determine compliance with the permit or to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit. The permittee must also furnish to DEQ, upon
request, copies of records required to be kept by this permit.
Other Information: When the permittee becomes aware that it has failed to submit any relevant facts
or has submitted incorrect information in a permit application or any report to DEQ, it must promptly
submit such facts or information.
D8. Signatory Requirements
All applications, reports or information submitted to DEQ must be signed and certified in accordance
with 40 CFR § 122.22.
D9. Falsification of Information
Under ORS 468.953, any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this
permit, including monitoring reports or reports of compliance or noncompliance, is subject to a Class
C felony punishable by a fine not to exceed $125,000 per violation and up to 5 years in prison per
ORS chapter 161. Additionally, according to 40 CFR § 122.41(k)(2), any person who knowingly
makes any false statement, representation, or certification in any record or other document submitted
or required to be maintained under this permit including monitoring reports or reports of compliance
or non-compliance will, upon conviction, be punished by a federal civil penalty not to exceed
$10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 47 of 48
D 10. Changes to Discharges of Toxic Pollutant
The permittee must notify DEQ as soon as it knows or has reason to believe the following:
a. That any activity has occurred or will occur that would result in the discharge, on a routine or
frequent basis, of any toxic pollutant that is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels:
(1) One hundred micrograms per liter (100 µg/1);
(2) Two hundred micrograms per liter (200 µg/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 µg/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;
and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application in accordance with 40 CFR § 122.21(g)(7); or
(4) The level established by DEQ in accordance with 40 CFR § 122.44(f).
b. That any activity has occurred or will occur that would result in any discharge, on a non-routine
or infrequent basis, of a toxic pollutant that is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels":
(1) Five hundred micrograms per liter (500 µg/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application in accordance with 40 CFR § 122.21(g)(7); or
(4) The level established by DEQ in accordance with 40 CFR § 122.44(f).
SECTION E. DEFINITIONS
El. BOD or BOD; means five-day biochemical oxygen demand.
E2. CBOD or CBOD; means five-day carbonaceous biochemical oxygen demand.
E3. TSS means total suspended solids.
E4. Bacteria means but is not limited to fecal coliform bacteria, total coliform bacteria, Escherichia coli
(E. coli) bacteria, and Enterococcus bacteria.
E5. FC means fecal coliform bacteria.
E6. Total residual chlorine means combined chlorine forms plus free residual chlorine
E7. Technology based permit effluent limitations means technology-based treatment requirements as
defined in 40 CFR § 125.3, and concentration and mass load effluent limitations that are based on
minimum design criteria specified in OAR 340-041.
E8. mg/l means milligrams per liter.
E9. pg/l means microgram per liter.
E 10. kg means kilograms.
E 11. m'/d means cubic meters per day.
E12.MGD means million gallons per day.
EI3.Average monthly effluent limitation as defined at 40 CFR § 122.2 means the highest allowable
average of daily discharges over a calendar month, calculated as the sum of all daily discharges
measured during a calendar month divided by the number of daily discharges measured during that
month.
E 14.Average weekly effluent limitation as defined at 40 CFR § 122.2 means the highest allowable average
of daily discharges over a calendar week, calculated as the sum of all daily discharges measured
during a calendar week divided by the number of daily discharges measured during that week.
E 15. Daily discharge as defined at 40 CFR § 122.2 means the discharge of a pollutant measured during a
calendar day or any 24-hour period that reasonably represents the calendar day for purposes of
sampling. For pollutants with limitations expressed in units of mass, the daily discharge must be
calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations
Permit Number: MS4 Phase II GP
Expiration Date: Dec. 31, 2021
Page 48 of 48
expressed in other units of measurement, the daily discharge must be calculated as the average
measurement of the pollutant over the day.
E 16.24-hour composite sample means a sample formed by collecting and mixing discrete samples taken
periodically and based on time or flow.
E 17. Grab sample means an individual discrete sample collected over a period of time not to exceed 15
minutes.
E18. Quarter means January through March, April through June, July through September, or October
through December.
E19. Month means calendar month.
Week means a calendar week of Sunday through Saturday.
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Working with more than 95 community wastewater treatment and stormwater management agencies
to protect Oregon's water
107 SE Washington, Stlite 242
Portland, Oregon 072-14
(503) 236-6722 t~~tc c~,~ rzc~~rl.~ ~ k l ax (503) 236-6719
September 1, 2016
Mark Riedel-Bash
DEQ Water Quality Permitting
811 SW Sixth Ave.
Portland, OR 97204-1390
Sent electronically to riede1.rnark c degstate.or.LIS
Re: Draft NPDES General Perinit - MS=c Phase 11
Dear Mark:
The Oregon Association of Clean Mater Agencies is a private, not-for-profit professional
organization of Oregon's wastewater treatment and stormwater management agencies. Our
members are dedicated to protecting and enhancing Oregon's water duality. Our 125+ statewide
members provide sewer and stormwater management services to 2.4 million Oregonians, serving
63% of Oregon's homes and businesses.
ACWA members that are existing and proposed MS4 Phase II communities include: Ashland,
Bend, Corvallis, Keizer, Lane County, Marion County, Medford, Rogue Valley Sewer Services,
Central Point, Springfield, Troutdale, Turner, Albany, Grants Pass, and Rogue River.
We appreciate the efforts of DEQ to involve municipalities and districts in the development of
the proposed permit. The major restart of the permit draft released in July, 2016 is a welcome
improvement to the previous versions.
Unfortunately, the complexity and 'paperwork' focus of the draft permit will likely preclude its
effectiveness in assisting local communities to focus on the stormwater pollution prevention
programs appropriate for their community. The draft permit does not appear to be
ilnplementable for either local governments or DEQ, as presently drafted.
DEQ currently has one position dedicated to both Phase I and Phase II municipal stormwater
control programs. In its 2017/2019 budget proposal, DEQ has offered up this position as a
reduction, in addition to proposing additional general funds and fees to add additional positions.
DEQ does not have the resources to effectively monitor the proposed permit, and the permit
conditions should be modified to create a permit that DEQ can afford to effectively oversee.
NMIChellc Callill, Chair f e,1111nif'ot I3elkaiap ~ 'illiamson, Vice Chair
Amy Pt3pper, Secretary/ FreaSUIVI*
The draft permit needs substantial revision to reduce stormwater pollution to meet water quality
goals in an efficient, implementable, and effective manner. DEQ should design and implement a
focused stakeholder engagement process, including experienced facilitation and senior DEQ
management involvement, to improve the draft permit and re-propose it for public comment.
We appreciate the additional flexibility added to the permit in the Education and Outreach
section, and believe this is a workable system for continuing to communicate with our
communities on the importance of reducing stormwater pollution.
Our major concerns with the draft permit include:
Reducing Land Disturbance Threshold
Reducing the construction site runoff threshold to land disturbance of 5,000 square feet or
more will be challenging. Implementing the requirements of this portion of the permit is
beyond the capacity of most medium and smaller MS4 Phase II communities. This
requirement will require single family homes to submit plans, undergo a site plan review
process, and conduct inspections.
• For example, the City of Bend expects 1,000 single-family housing starts this year. The
City currently reviews all commercial and subdivisions, and curtails sediment runoff
from single-family residential developments as a performance-based measure only (e.g.,
no sediments allowed off site). These are treated similar to an illicit discharge. With the
site-specific plan review and approval requirements, the City of Bend staff estimates that
each housing start would require an average of 2 hours per plan - resulting in a 2,000
hours per year increase in the level of effort-roughly 1 FTE just for the review and
record-keeping alone. This would require a shift in the entire City of Bend review
process for single-family residential developments. Additional staffing would also be
needed for inspections. This would be in addition to the current levels of review for all
non-single family residential development projects.
• The Department offers no technical basis for this threshold in the Permit Evaluation
Report and why it should be different for small municipalities as opposed to DEQ itself
in its 1200C permit.
Post Construction Requirements
• The Permit Evaluation Report discusses the Oregon Phase I permit post-construction site
runoff conditions inaccurately. The PER indicates that the Phase I permit establishes a
retention requirement using the average annual runoff-based method and, more
specifically, requires the capture and treatment of 80% of the average annual rainfall
frequency. The Phase I permit requires the "capture and treatment of 80% of the average
annual runoff volume " not the average annual rainfall frequency. In addition, requiring
the capture and treatment of runoff is not the same as requiring the retention of runoff for
a specified design storm. The existing Phase I language was carefully worded in
discussions between DEQ staff and Phase I permittees to use the word "capture not the
word "retain It is incorrect to say that the Phase I permit specifically requires
stormwater retention' . Currently only three of the Phase I communities specifically
' See DEQ Permit Evaluation Report & Fact Sheet, 5/211 6, page 22
DEQ - HW Phase H Draft General Perinit
September, 2016
Page 12
require, as a first tier, that their developers retain a specified design storm (0.5 inches for
Clackamas, 3.2 inches for Lake Oswego, and the I0-year storm for Portland).
• The Permit Evaluation Report indicates that the success of the Phase I Clackamas co-
permittees in meeting the proposed post-constrLtctlon site runoff requirements is a reason
to support the reduced threshold. This is misleading. The smaller cities in the Portland
metro area often rely on larger municipalities to administer/implement the requirements.
Developers and home builders work across the Portland/Metropolitan region.
Stormwater control programs have been in place in the larger metropolitan areas of
Portland, Washington and Clackamas Counties, Gresham, Salem, and Eugene for 20+
years. Many of these smaller communities rely on the larger agencies for review or
have a limited number of applications to allow the use of a private engineering firm for
review. Smaller and medium sized jurisdictions in locations without two decades of
stormwater utility planning work are not the same.
• The post construction requirements are beyond the requirements for MS4 Phase I
communities, which will result in having to separate existing strong regional stormwater
partnerships between Phase I and Phase II MS4 communities.
• The proposed post construction site runoff conditions are not implementable by
developers or local governments. These requirements will affect housing costs and
affordability and are inconsistent with the urban growth strategies incorporated in
Oregon's land use planning laws.
• The requirements for alternative compliance strategies are not implementable by local
governments.
Inadequate Compliance Strategy / r New Permittees
• Requiring new permittees to construct an entire stormwater control program as required
by the proposed NPDES general permit in a 5 year permit cycle is unreasonable. Many
new MS4 permittees do not have a stormwater utility in place. For new permittees,
stormwater program development should be separated from program implementation.
The current MS4 Phase YI communities have had 10+ years to construct and improve
their programs. The Phase I communities have had 20+ years to construct and improve
their programs. Developing and implementing an entire stormwater control program to
meet the draft permit conditions in 5 years is beyond the capacity of new permittees and
smaller Oregon communities.
• For first-term permittees, the level of effort asked should be approximate to that asked of
the current permittees in their first permit term, recognizing it takes time, education, and
community support to set up a stormwater utility, determine an appropriate service
charge, develop and pass implementing ordinances, and develop system knowledge to the
level needed to be effective.
• The `tiered' approach that the Department routinely discussed with the MS4 Phase 11
Steering Committee has been eliminated. DEQ should evaluate if two general
stormwater permits would be more appropriate - one for existing permittees and one for
new and smaller jurisdiction permittees.
Extends Beyond Federal Minimum and Oregon MS4 Phase I Permits
i
DEQ AIS4 Phase It Draft General Permit
September, 2016
Page ( 3
• The draft permit extends the permit requirements substantially beyond the federal Phase
II requirements, and in some cases, beyond what is required for Oregon's largest
communities that operate under Phase I MS4 programs without a compelling scientific or
technical basis.
• Incorporation of language regarding Reasonable Potential is not appropriate in a
stormwater permit and should be removed. We attach the legal analysis of that provision
of the permit conducted for ACWA by Cable Huston.
• As written, permittees discharging to 303(d) listed strewn segments cannot obtain
coverage under this permit.
Illicit Discharge Detection and Elimination Requirements Overly Complex
• The IDDE section is overly complex and will be difficult to administer. For instance, a
review of Schedule AA.c.ii.4 takes the reader to eight other different references both
within and outside the general NPDES permit to determine the desired compliance
outcome.
• Surveys of possibly failing septic tanks are a County Health Department and DEQ
responsibility - - not a municipal responsibility.
• The permit requirements should detail the minimum IDDE requirements. No specific
manual should be referenced in the permit. A variety of approaches and manuals should
I
be suggested in the Permit Evaluation Report.
• Local government decision making bodies must have the ability to set appropriate
enforcement mechanisms.
• The requirement for inspecting 20% of the linear feet of the MS4 within the permit
period extends beyond the requirements of MS4 Phase I communities currently
required to conduct dry-weather inspection activities at priority downstreamloutfall
locations. Inspecting the linear system is far more rigorous than conducting spot
inspections at downstream points. Depending on the type of inspection (smoke testing or
closed circuit television), a reasonable cost estimate is $3,000 to $25,000 per mile
inspected. For closed circuit television inspections, the lines must be cleaned prior to
inspection. Base cleaning and closed circuit television inspections cost about $2.00 per
foot, with additional charges of up to $0.65 for heavy cleaning and landfill disposal fees.
TMDL Requirements
The Water Quality Standard Attainment Performance Measure Tracking is confusing and
references only a single TMDL where a number apply statewide. The information
requested will be extremely expensive to gather, and ACWA questions if it will be of any
value to either permit holders or DEQ. Other Designated Management Agencies are not
held to this type of standard for information gathering and data collection. Local
governments are glad to work with DEQ on a watershed basis to gather necessary
information across the entire watershed and all sources of water pollution - - not just
stormwater.
Using a listing on the 303(d) list linked somehow to urban stormwater is an inappropriate
regulatory threshold. Relying on `scientific literature' will be confusing and problematic.
As ACWA has commented to DEQ routinely, the Department's 303(d) list is wrong in
DEQ - MS4 Phase 11 Draft General Permil
September, 2016
Page 14
numerous areas. The regulatory threshold should be the development and adoption of
the TMDL where the true contribution of urban stormwater to the pollution problem is set
and appropriate reduction actions outlined in the TMDL.
• The section on discharges to TMDL or'303(d) listed streams is completely confusing.
Section D.2 should be eliminated and all applicable portions of that Section should be
added to the body of the Permit in the referenced Sections. Further, the duplication of
effort required by this Permit and by the Water Quality Management Plans required of
the Designated Management Agencies listed in TMDL documents must be eliminated.
Overall Conf tsion oLTer•nrs and Lack o Clarity
• There is an overall confusion of terms and lack of clarity in the permit. For instance,
`Per°rnit Registrant' is not defined and the apparent interchangeability of `owner',
`operator' and `permittee' is confusing.
• Definitions are included in two different sections.
• The required `new permit application' was not included with the release of the draft
permit. The application form should be made available for public review and comment.
• Terms like `uncontaminated, `up--to-date', `environmental stewardship'are all unclear
and open to interpretation.
• A Schedule F specific to MS4 permits is necessary.
• In Schedule A.4.e.vi. relating to the long term operation and maintenance of stormwater
controls "...owned and operated by another entity", it is unclear who or what qualifies
as "another entity."
,4dniinistrative Burden
• The reporting requirements in the draft permit are based on a calendar year. Oregon
municipalities and Districts - - like DEQ - - operate on a fiscal year. The TMDL reports,
along with Water Pollution Control Facility permits related to Underground Injection
Control, are both due on a fiscal year. Requiring reporting on a calendar year basis is a
waste of resources. Delaying the effective date of the permit would allow permittees to
update their Stormwater Management Plans and align the reporting requirements with
existing fiscal practices and TM-DL requirements.
• Not all communities track all their S WMP Plan activities separately from other activities,
particularly communities that share resources between other departments (street and
wastewater, for example). The requirement to provide a yearly cost is an unnecessary
administrative burden that should be removed.
We have attached a summary of our specific comments on the draft permit and Permit
Evaluation Report. We have noted a number of areas when the technical basis for the permit
conditions should have additional specifics added in the Permit Evaluation Report.
DEQ--,AIS4 Phase HDraft General Permit
September, 2016
Page 15
We would be glad to meet with the Department to explain our concerns in greater detail and
to work collaboratively to improve the permit to focus on effective, implementable measures
to reduce urban stormwater pollution.
Very Truly Yours,
Jan t A. Gillaspie
Ex cutive Director
Attachments
A Cable Huston revietii, of Reasonable Potential Analysis section
B DetailedACWA Comments
DEQ - MS4 Phase II Draft General Permit
Seplember, 2016
Page 16
CABLE HU'STONLLP
LAURA MAFFEI, RG Iinaffei @cablehuston.com
ADMITTED IN ALASKA, OREGON AND WASHINGTON
June 27, 2016
VIA EMAIL - (gillaspie @oracwa,org)
i
Janet Gillaspie
Executive Director 1
Oregon Association of Clean Water Agencies
107 SE Washington Suite 242
Portland OR 97214
RE: Reasonable Potential in MS4 Permit
Dear Janet;
ACWA asked Cable Huston LLP to review and analyze the use of "reasonable potential"
as a limitation in Schedule A of the draft MS4 Phase 11 General Permit for small municipal
separate storm sewer system (MS4s), dated May 2, 2016. As discussed below, it is not
appropriate to use "reasonable potential" to describe prohibited discharges from small MS4s.
r
Schedule A, Section l.a.ii, of the May 2, 2016, draft Phase 11 General Permit states that it
"does not authorize discharges of storm water that will cause, or have the reasonable potential to
cause or contribute to, an excursion above the State water quality standards." Determining
whether a discharge has the "reasonable potential" to exceed a water quality standard requires a
detailed analysis (e.g., a "reasonable potential analysis" or "RPA") of the pollutants contained in
the discharge as well as the chemical constituents of the receiving stream at the point of
discharge. RPA is typically used during development of an individual permit to catculate water j
quality based effluent limits ("WQBELS"). DEQ's "Internal Management Directive, Reasonable
Potential Analysis Process for Toxic Pollutants, Version 3.1" dated February 13, 2012, states that
"RPA must be conducted for all proposed and existing industrial and domestic NPDES
individual point sources dischargers." Stormwater is not considered an "industrial" or
"domestic" discharge under the Clean Water Act, so the R.PA 1MD does not cover stormwater
NPDES permits.
Small MS4s are not required to collect any numeric data - from their discharges or the
receiving stream to apply for coverage under the general permit. This is consistent with the
Clean Water Act's requirement that MS4s control discharges to the "maximum extent
practicable." 33 U.S.C. §1342(p)(3)(B)(iii). The "maximum extent practicable" requirement is a
technology-based standard used in MS4 permits instead of numeric effluent limits. It requires
MS4s to use best management practices to control pollutants in stormwater, to April 2010, the
4837-8379-3203
Suite 2000,1001 SW Fifth Avenue, Portland, Oregon 97 744-1 1 36 ~j Phone: 503.274.3092 Fax: 503.224.3176 , www.cablehuston.cam
CABLE HUSTON
Janet Gillaspie, Executive Director
Oregon Association of Clean Water Agencies
June 27, 2016
Page 2
Oregon Court of Appeals agreed that numeric effluent limits are not required in MS4 permits.
Tualalin Riverkeepers el al., v. Oregon Dep't OfEnviron. Quality et al., 235 Or. App. 132
(2010). Because RPA is a quantitative, numeric analysis, it would be completely inconsistent to
use RPA on a type of discharge (MS4) that is not required to have numeric effluent limits in its
permit. Thus, "reasonable potential" does not belong in the small MS4 general permit.
The federal rules that apply to small MS4 permits contain a number of permit
requirements for stormwater control plans and other BMPs, but the rules do not include
reasonable potential as part of the permitting process. See 40 CFR 122,33 & 122.34. EPA's
September 2010 NPDES Permit YVr-iters'Hanual also discusses "reasonable potential" only in
the context of determining whether WQBELs are required in permits, but small MS4 permits are
not included in this evaluation. Finally, EPA recently issued a final permit for small MS4s in
Puerto Rico that does not contain a reference to the "reasonable potential" to cause or contribute
to an exceedance of a water quality standard. "General Permit for Stormwater Discharges from
Small Municipal Separate Storm Sewer Systems In The Commonwealth Of Puerto Rico, Permit
Number PRR040000, Permit Number PRR0400OF"' May 16, 2016 (effective July 1, 2016), at
§2.1.1a.. More importantly, individual MS4 permits issued by DEQ do not contain clauses
discussing the "reasonable potential" to exceed. See, e.g., "Clackamas County Group" Phase I
MS4 Permit, reissued March 16, 2012.
Referencing "reasonable potential" in the May 2, 2016, draft Phase II MS4 NPDES
general permit is inappropriate because it implies a need to calCLilate numeric effluent limits in a
stormwater permit. The correct standard for MS4 permits is reduction of pollutants to the
maximum extent practicable, which does not include application of numeric limits. DEQ should
remove reference to reasonable potential from the draft Phase II MS4 permit.
Very truly yours,
4
Laura Maffei, r
LCM: tslc/tb
4837-8379-3203
Oregon Association of Clean Water Agencies
Attachment B - Detailed ACWA Comments - September, 2016
Overall, Stormwater Management Plan and Stormwater Management Program appear to be used
interchangeably and use of the terms is very confusing.
Specific Comments
The compiled comments ofACNA members, specific to each section, are included below:
Schedule A - Effluent Lindtations...#1- 3(d)
• Authorized Non-Stormwater Discharges - the inventory of authorized non-stormwater
discharges should be the same in the Phase I and Phase It permits. The Phase I permits
include start up flashing ofgroundtivater tivells, street wash 1vaters and discharges or
flows from emergency fire fighting activities. These are not in this list. This list includes
fire hydrant flushing which is not in the Phase I permits.
o 'Landscape irrigation (provided all pesticides, herbicides and fertilizers have
been applied in accordance with manufacturer's instructions).' No permit holder
has the resources to ensure that all pesticides, herbicides and fertilizers have been
applied in accordance with manufacturer's instructions. Under the Federal
Insecticide, Rotenticide, and Fungicide Act and Oregon Department of
Agriculture regulations, if pesticides are found in rivers and streams, the
manufacturer's label must not have been followed. Pesticides are routinely found
in Oregon rivers and streams.
• Section (3) (a)(d) - `The permit registrant must provide adequate finances, staff,
equipment and other support capabilities to implement the SWMP minimum control
measures and other requirements outlined in this permit." This is beyond DEQ DEQ's
authority to require; DEQ is limited to setting environmental performance standards, not
funding or staffing requirements. DEQ might want to consider using language similar to
the EPA draft Idaho MS4 Phase II permit such as:
"The permit does not require specific stafflin orfitnding levels thus providing
the ,Permittees with the flexihili and incentive to adopt the most efficient
methods to corny ivith permit requirements This language provides the
flexibility permittees will need in implementing the permit
Construction Site Runoff
• The permit places the onus on the Perm it Registrant to mare "a determination of whether
a construction site is required to and/or has coverage under DEQ's NPDE5 Construction
Stormivaler General Permit. " (see A.4.d.v.1) This is clearly DEQ's responsibility, not
the Permit Registrant's. A change from "is required to" to "niay be required to" would
address this concern,
Page 1 1
Schedule A - Effluent Limitations #4(e)
Post Construction
• Schedule A.4 (e) (iv) (3). The allowance for alternative compliance continues to confuse
retention and infiltration which are not the same thing, a site may be able to retain
stormwater but may not be able to infiltrate it. Please clarify whether the intent is
infiltration or retention.
• Clarification on wetlands: For new development the permit states that LID must be
prioritized, however it also states in section e.ii. that wetlands should be protected as a
natural stormwater management feature. Wetlands retain water allowing it to
evapotranspire, they do not infiltrate at the rate that LID features do. The permit should
clearly state that stormwater wetlands can also be constructed to meet the retention
requirement.
• The process for determining how stormwater should be managed on a site is discussed in
sections iv.I, iv.3 and iv.4 and is very disjointed and difficult to follow. Please consider
rewriting these sections to improve clarity or creating a flow chart to illustrate the
process.
• Section iv. 1. For projects that can't meet the onsite retention, any runoff not retained
must still be treated to for 80% removal of TSS with a structural stormwater control,
giving priority to Green Infrastructure. The section continues: "
The runoff discharged off-site must target the natural surface or predevelopment flow
duration curve for the receiving yvater to protect water quality by preventing bed and
bank erosion. "
Then the water not retained on site must be mitigated for off-site. This requirement
basically says that runoff from the project site must be treated and detained and then
additional runoff must be retained (which inherently means treated) elsewhere as
mitigation. This is overly burdensome on development. Suggest either requiring offsite
mitigation as outlined in A.4.e.iv.4.a - or- treating and matching the predevelopment
flow duration curve for runoff not retained on the project site, not both.
• Section 2.5.5 of the PER on post-construction states "Moreover, through an Endangered
Species Act Section 7 biological opinion, the .(National Marine Fisheries Service requires
post-construction site runoff controls when the Jrmy Corps of Engineer's permits a
transportation project creating new impervious surfaces. " This requirement applies to
much more than just transportation projects, suggest deleting `transportation'.
• Section AA.e.iv.3."The written technical ftistification must be in the form of a site-
specific hydrologic and/or design analysis condarcted and endorsed by an Oregon
registered Professional Engineer, Oregon Certified Engineering Geologist, architect,
and/or landscape architect. " This work should be performed by a licensed engineer or
geologist. Delete architects and landscape architects or the requirement all together.
• LID Code - Related Requirements. There are some good LID manuals from local
jurisdictions. Why would we direct people to use out of State manuals when we could be
promoting regional consistency? The Central Oregon Stormwater Manual should be
Page 12
included as a reference in the permit - see it -://coic2.or2/coninzuinitti,._
deg'elopiiiettt.i"water-I•eSOLI I'Ce
• 80% Total Suspended Solids Removal language. This language is problematic. If you
have clean stormwater coming in to a facility, you will not get 80% TSS removal. Where
upstream pollution prevention programs are being effective, this performance standard
cannot be met.
• Allowance for Alternative Compliance - Another option that is provided in the mitigation
options section is related to treatment approaches. This doesn't seem to make sense. The
design standards already require treatment. So, why is treatment then a mitigation
option?
• The mitigation options section is not implementable in some MS4 jurisdictions and
beyond what is expected of a Phase II MS4. The requirement to have an inventory of
appropriate alternative projects or sites as well as institutional standards and management
systems to value, estimate, and account for how these mitigation projects retain the unmet
volume of the stormwater specified in this retention requirement is describing a
"banking" program that would be out of reach for some already-permitted and established
MS4s. Furthermore, to achieve this by January of 2020 would be impossible. If the sites
were available within the MS4 jurisdiction, establishing an inventory alone would be at
least two years, getting staff and resources and establishing institutional standards and
management systems to value, estimate, and account for how these mitigation projects
retain the unmet volume of the stormwater specified in the retention would take at least
three years. Additionally:
o Most wetlands and riparian areas are private and not available, leaving some cities
no sites to choose from.
o Requiring that the inventory of alternative projects or sites must be within the
same sub-watershed as the site undergoing development would be impossible if
the MS4 had no such sites available.
Sehedtrle_ B - ltlonitoi-irrg (ind Repartiiig
1 thru I.e. Monitoring Requirements
It is unclear as to what type of monitoring is being referenced in this section. The permit should
be clear that this provision does not apply to volunteer monitoring or monitoring such as illicit
discharge response. The DEQ needs to make it clear that this type of monitoring applies to any
outfall or in stream monitoriny, that is conducted as part of apermittee's program evaluation
efforts. It is impracticable, beyond MEP, and will be resource heavy with no water quality
benefit, for both the DEQ and the Permittee, to submit water quality data to the DEQ that is
collected for random reasons.
There is no need to have sections (a) and (b) if the individual permit language is used,
additionally it is already repeated in Schedule P.
Language should be revised to read:
Page 13
1. The Permit Registrant must evaluate SWMP compliance, the appropriateness of
identified best management practices, and progress toward achieving identified
measurable goals. If stormwater outfali or in-stream monitoring is conducted as part of
the permittees program evaluation efforts, the following requirements described in
F(C)(1 shall be followed.
a. Monitoring results must be reporting in the Annual Report.
Monitoring is not required; therefore section 1 (a), (b), (c) should be removed.
2. Recordlieeping
a. Record Retention
Having an open ending statement (last sentence of paragraph a.) that the DEQ can request record
retention to be longer than 5 years is undefined and opens the permittee up to a possible
unintentional permit violation. The DEQ cannot dictate longer than the permit term and should
define an end date. Open ended statements with no set goals or dates serve no purpose or provide
any direction; they are not clear, achievable, specific, measurable, or enforceable.
Suggested change:
2.a. Remove last sentence.
2.c. Annual Report
Reporting date and schedule: The request to have the annual report submitted to the DEQ by a
specific date is clear direction, as is providing a table, but the reporting dates do not coincide
with current MS4 budget and record keeping practices. Historically, Annual Reports have been
reported by November 1 of each year for the previous reporting period that is a fiscal year (July 1
through June 34). MS4s typically and historically have managed resources, budgets and records
on a fiscal year not a calendar year. TMDL and wPCF UIC reporting are done on a fiscal year,
due November 1 as well; this will require MS4s with TMDL reporting or UIC permits to have to
do Annual Reports at two different times resulting in twice a year with two different break
downs in reporting. Most MS4s that have TMDL reporting also have programs that are
applicable to both the TMDL implementation strategies as well and MS4 measurable goals. This
would be a reporting nightmare and would result in reporting two different findings to the same
DEQ office.
Table 2 is really Table 1; typo.
DEQ reporting form: Additionally, having the ability for the MS4 and the DEQ to use a
predefined form is a good way to streamline the reporting process and provide consistency for
the MS4s and the DEQ. The problem is that this sentence does not allow for ",vhat iifs", which
continue to be and will always be present in any process; the DEQ is requiring the MS4 to use
the form that will be available by a set date. As drafted and legally, if the DEQ does not meet
their deadline it would be a Permit violation and possibly a lawsuit by a 3~dparty. This can be
reconciled by providing additional language such as "if available, must use".
Page 14
Website posting; In the last sentence, the DEQ is requiring that MS4s post the Annual Reports
to their webpage. The language needs to include: "i available
Language should be revised to read:
2.c. Annual Report
No later than November I of each year beginning in 2017, the Permit Registrant must
submit an Annual Report to DEQ. If developed and available, the Permit Registrant must
use the Annual Report form provided by DE The reporting period for the Ist Year
Annual Report will be from January I through June 30, 2017 Reporting periods f6j,
subsequent Annual Reports are specified in Table I below. The Permit Registrant must
make Annual Reports available as specified in Schedule A 4 b ii
Chanaae Table 2 to be Table I with reporting periods changed to be a fiscal, year with a
repof-ting date of November 1 each year.
2.d. Submissions
Language should be revised to read:
2.d. The Permit Registrant must provide DEQ with one hard copy and one electronic
copy (on a portable electronic storage device) of Annual Reports and/or other required
documents. DEQ may provide the Permit Registrant with instructions for submitting
electronically. Once a Permit Registrant receives permission from DEQ to submit
electronically, it will no longer be required to submit such materials in hardcopy_
Schedule D -Speeial Conditions
2. b Applicability
The language in the second paragraph should be revised to remove the reference to
requirements that will be contained in subsequent permit terms. Using a DEQ approved
model in future years to evaluate BMP performance goes beyond MEP and requires an
approach that resembles numeric limits.
Language should be revised to:
Remove the last sentence in the second paragraph of 2.b
2. d. i Water Quality Standard Attainment Perforinance Measure Tracking - Structural
Controls
This language is resource heavy and goes beyond MEP. Requiring a summary of the unit
processes installed is enough, A summary of the rationale for selection, and impervious
surface area managed by each stormwater control device provides no additional water
quality benefit. Criterion for selection is determined through local development codes
and/or the land use process. Impervious surface area managed is determined through
BMP selection, and either presumptive (through adopted design/stormwater manuals) or
Page 15
engineered. Numeric limits and modeling are not an EPA requirement of a Phase 11
community; collection of this type of data is for running water quality models; this goes
beyond MEP as defined by DEQ and EPA.
Language should be revised to read:
2.d.i--- A map or digital inventory providing the location and a description of each
structural stormwater control required in Schedule A.4.e.iv that is installed in new
development and redevelopment along with a description of the unit process or
processes.
2. d. ii Water Quality Standard tlttainment Performance Measure Tracking - Non Structural
Controls
Current language goes beyond MEP. Estimating the volume of water retained annually,
along with an analysis supporting the estimate is impractical, resource intensive, highly
variable depending upon numerous conditions (antecedent rainfall conditions for
example) and of no benefit to water quality. The nonstructural BMPs utilized in A.4.e.ii
are considered to reduce pollutants to satisfy MEP, as DEQ references in the Permit
Evaluation Report. Requiring additional information as outlined in 2.d.ii goes beyond
MEP and requires calculations that approach numeric limits. Nonstructural controls are
also Codes and Standards as described in the definitions sections. DEQ should reword
this section to be clear that the nonstructural controls referenced are physical features and
not Codes and Standards. DEQ should also remove the requirement of reporting the
surface area of streets swept, which requires additional calculations, and keep with the
industry standard of miles swept.
Language should be revised to react:
A map or digital inventory providing the location of nonstructural stormwater controls
employed in compliance with Schedule A 4 e ii such as protected riparian buffers,
protected wetlands street trees, and green ...space used to reduce and treat stormwater to
remove stormwater pollutants For street sweeping practices utilized, the estimated
amount of miles swept and materials captured shall be reported.
2. d. iv Water Quality Standard Attainment Performance Measure Tracking - Chronic Illicit
Discharges
Requiring an estimate of the pollutant load removed annually from chronic illicit
discharges (and an analysis supporting this estimate) is impractical and beyond MEP.
Numeric limits, analysis and estimates of the pollutant load reductions are not required by
Phase 11 communities in order to meet MEP; this type of reporting is in line with numeric
limit reporting. DEQ can require the inventory but volume and pollutant reduction is
beyond MEP, as defined by the DEQ and EPA. Chronic illicit discharges are highly
variable by nature, and dependent upon a variety of factors.
Language should be revised to:
Remove the last sentence in Section 2.d.iv.
Definitions
Page 16
Our comments about the definitions section includes:
• Illicit Connections are too widely defined. With the current definition, ANY pipe or
conveyance with the `potential to allow an illicit discharge' is defined as an Illicit
Connection. This would be the entire MS4. Possible rewording would be "any
connection, including but not linfited to pipes, drains, open channels or other
conveyances by which an illicit discharge is allowed to enter a municipal separate
storm setii~er system (MS4), or which has been connected to an MS4 without proper
authority."
• Impervious Surface includes, as part of its definition, any surface which "results in
more runoff than in the undeveloped condition. " This seems overly strict, and could
conceivably end up including things like landscaping (if it has more runoff than the
forest that preceded it). Consider striking that phrase from the definition.
• Maximum Extent Practicable - Consider using the Phase I definition or at least the
second sentence: "The statutory standard that establishers the level ofpollutant
reductions that operators of regulated MS4s must achieve. This standard is
considered niet if the conditions of the permit are inet. " (Emphasis added - taken
front the City of Salem Phase 1 permit)
• Non-Structural Stormwater Controls or BMPs This definition is overly long, to the
point of becoming confusing. The first two sentences seem to adequately cover the
intent. The remaining explanations might be better placed in the PER.
• Retention - add definition.
Schedule T'- General Conditions
This schedule is obviously drawn from the standard general conditions for municipal wastewater
NPDES permits. Use of this schedule is inappropriate for stormwater discharges. This schedule
should be written to remove items specific to wastewater treatment plants including:
• A6. Toxic Pollutants. Stormwater utilities do not generate sewage sludge.
• B 1. Proper Operation and Maintenance. Best Management Practices not treatment
processes are used to ensure compliance with the permit. No laboratory testing is
included. There are no back-up or auxiliary facilities
• B3. Bypass of Treatment Facilities. Does not apply
• B4. Upset. Does not apply.
• B5. Treatment of Single Operational Update. Does not apply
• B6. Public notification of Effluent violation. Does not apply
• B7. Emergency Response and Public Notification Plan. Does not apply. The permit
holder would be required to develop an Emergency Response and Public Notification
Plan under the provisions of this portion of the permit. That is not appropriate for
stormwater utilities.
• CS. This information already covered earlier in the Permit Schedule B.2.a C5.
Reporting of Monitoring Results. Conflicts with the proposed monitoring schedule
incorporated in the draft MS4 Phase IT permit.
• C9. Already covered in Schedule B.l.b.
Page 17
• D1. Planned Changes. Only applies to sewage collection systems, not stormwater
collection systems.
• E. Definitions. Already included in the permit at Schedule D, condition 3.
Permit Evaluation Report
Regarding the draft Permit Evaluation Report, ACWA has these comments:
I. 1.3 - Additional technical information should be included to provide additional support to
the statement "DEQ has determined that a Permit Registrants' fidl implementation of the
SWAIP requirements meets the maximum extend practicable (MEP) standard of CTVA
section 402(p)(3)(B)(ili). "Why? Be specific. (page 5)
2. 1.4 - Additional technical information should be included to provide additional support to
the statement "The stormwater controls required in the proposed MS4 Phase II general
permit are expected to result in discharges that will comply with Oregon's water quality
standards, and protect designed and existing uses." Why? Be specific. (page 5)
3. 2.2.1 -Eligibility. Add listing of 12 new areas, the 7 jurisdictions now subject and the
DEQ approved 5 waivers. (page 7)
4. 2.4.1 - Reduce the Discharge... Typo at top of page 11 OAR 340041-001...(page 11)
5. 2.4.2 - Additional SWMP plan audiences listed in the permit, in addition to the general
public, DEQ and Local elected officials include Business/Commercial/Institutions and
Construction/Development. (page 11)
6. 2.5.4 - Construction Site Runoff. No technical basis is provided for the 5,000 square foot
threshold. If the federal minimum of I acre of disturbance is insufficient to ensure the
adequate control of pollution sources from the numerous small construction sites from
AYIS4s with ,1s', then DEQ should have addressed that on a statewide basis in its recent
renewal of the 1200C permit.
What technical and scientific analysis leads the DEQ to conclude that the I acre threshold
is inadequate?
7. 2.5.4 Construction Site Runoff. The discussion of the increase in imperviousness
associated with urbanization does not factor Oregon's land use planning system into the
discussion. Smart planning, including improved transit and transportation systems and
walkable communities increase in urbanization, reducing air pollution.
For instance, this discussion of Oregon `smart growth' policies is fi-om the American
Journal of Public Health. Urban Sprawl, Smart Growth, and Deliberative
Democracy'
Many public health advocates have recommended smart grorvth as a potential
'Am J Public Health. 2010 October; 100(10): 1852-1856.
do i : 10.21051AJ PH . 2009.182501
Page 18
solution to the problem of urban sprativl., Smart growth can be defined as a policy
fraineivork that promotes an urban development pattern characterized by high
population density, walkable and bikeable neighborhoods, preserved green
spaces, mixed use development (i. e., development projects that include both
residential and commercial arses), available mass transit, and limited road
construction. Smart groivth it,as originally conceptualized as an aesthetically
pleasing alternative to urban sprmi)l that -~,)ould offer residents a high duality oj'
life and the convenience of local amenities, but it also has many potential health
benefits, such as diminished air pollution, f ter motor vehicle accidents, loi,,er
pedestrian mortality, and increased physical exercise. Smart growth is different
from the concept of* "garden suburbs" because it addresses issues Qfpopulation
density and transportation, not just availability of green space and preservation
of agricultutral land.
In the 1970s, Portland,. Oregon, was the first major city in the United States to
establish smart-groxvth urban planning by limiting urban growth to an area
around the inner city. Since the 1990s, many other urban areas have encouraged
the development ofplanned communities in which people can live, shop, work, go
to school, worship, and recreate without having to travel great distances by
automobile.
Oregon's land use planning system has required all Oregon cities and counties to develop and
implement land use planning programs to control urban sprawl through the use of urban
growth boundaries, and to address water quality and transportation needs, in addition to other
factors, in developing plans that address Oregon's 14 land use planning goals and
guidelines.2 (page 18)
8. 2.5.5. Post-Construction Site Runoff Control
The Permit Evaluation Report discusses the Oregon Phase I Permit's post-construction
site runoff condition inaccurately. The PER indicates that the Phase I permit establishes
a retention requirement using the average annual runoff-based method and, more
specifically, requires the capture and treatment of 80% of the average annual rainfall
frequency. The Phase I permit requires the "capture and treatment of 80% of the average
annual rzrnoff volume " not the average annual rainfall frequency.
In addition, requiring the capture and treatment of runoff is not the same as requiring the
retention of runoff for a specified design storm. The existing Phase I language was
carefully worded in discussions between DEQ staff and Phase I permittees to use the
word "captztre not the word "retain". Phase II permittees interpret the current
language 'capture' to mean that you could capture it, treat it, and then release it. In
advance of the specific requirements, more general language in the post construction
section states that we need to optimize on-site retention based on the site conditions and
prioritize and include implementation of LID and green infrastructure. It is incorrect and
misleading to say that the Phase I permit specifically requires retention as it does on page
22. It implies that we have to retain 80% of the average annual runoff. To my
knowledge, there are currently only three of the Phase I communities that specifically
2 See https://www.oregon.gov/LCD/---Pages/goals.aspx
Page ( 9
require as a first tier that their developers to retain a specified design storm (0.5 inches
for Clackamas, 3.2 inches for Lake Oswego, and the I0-year storm for Portland) (page
22)
.
9. 2.5.2.2 Retention Requirement. Western Oregon Low Impact Development Guidance
Manual. Please add author, date, and citation.
Page 1 10
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 7, 2016
Page I of 3
MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE
Wednesday, September 7, 2016
Siskiyou Room, 51 Winburn Way
1. Call to Order
Councilor Rich Rosenthal called the meeting to order at 3:30 p.m.
Committee members Bryan Sohl, Cindy Bernard, Stuart Green, Jim Hartman, James McGinnis,
Louise Shawkat, Claudia Alick, Greg Jones, Marni Koopman, Roxane Beigel-Coryell, and Isaac
Bevers were present. Staff member Adam Hanks was present. Consultants Andrea Martin and
Jill Simmons were present via speakerphone.
2. Around the Room
Group did an around the room team building regarding how they think the process is going and
one thing they think we can do better.
3. Public Input
Ken Crocker - stated that he appreciated today's around the room check-in and thinks it's a nice
way to start and a good way to improve the process. The wanted to re-emphasise the importance
of using science as a guiding principle in this process. He thinks the group needs more emphasis
on what that 8% per year reduction actually does. How does using 8% per year reduction guide
the selection of the over one hundred actions the group is reviewing? He wanted to know if a
process was in place for making good selections of options. Some of the actions are incremental
improvements but others need to be complete paradigm shifts - or does the group not have
paradigm shifting action in the list of options?
Robert Block-Brown - stated that he has similar concerns as Ken regarding the need for
transformational pieces - those things can be daunting but he believes that education is the key to
making long-term, effective progress. He stated that he just received notification of a discussion
regarding a potential new city hall. This would be a great way for this group to lead by example
in an actual project. The project should include solar, zero-net landscaping, LEED certification,
etc.
James Stephens - gave a review of the recent City Council's approval of the l 0x20 ordinance.
He thinks that there are three takaways from this approval: 1) this is a great thing for the city to
have done; 2) the City has to step up and do lots of work now; and 3) the 10x20 ordinance
wasn't giving staff specific direction - this is instead about the Ashland community coming
together. He stated that this ordinance dovetails into exactly what this committee is doing. He
offered to provide technical expertize if this group needs it.
Huelz Gutchen - stated that last night's Council meeting was beautiful - he is glad the Council
made the right choice. He stated that he knows how to do the financing for creating the local
energy, but only on this side of the grid. He stated that the price of gasoline will go up due to
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 7, 2016
Page 2 of 3
OPEC having no reserves at the moment. He stated that science is measuring and data watching,
but that's not very interesting to most people. He talked to the Land Use Division of the State of
Oregon who have no information on climate change, so they don't know how to make land use
codes to reflect that. However, we can make those codes ourselves.
4. Approval of Minutes
Group approved the minutes of August 17, 2016 with two minor edits.
5. Plan Development
Rosenthal read aloud the committee's Scope of Work as a refresher. He stated that he did so
because this group has now been meeting for one year and he thought it was important to
remember the challenges they are committed to working through.
Rosenthal introduced Jeff Golden and, via telephone, Till Simmons who gave information on her
experience creating two climate plans for the City of Seattle. She stated that she had a few
lessons from doing those plans including:
1. The plan is both critical and not nearly as important as what we might think it is (i.e. having
an overview of what we hope to achieve is more important than making every single action
`shovel-ready').
2. Remember that the plan is just the beginning - things evolve, change, become more or less
important.
3. Have a clear implementation and check-in/update process.
4. The plan cannot provide enough detail for every action to be ready to go immediately. Lots
of cost/benefit and planning must occur after the plan is in-place (and that's a good thing, or
the plan would never be finished).
5. The plan needs both staff and financial capacity to keep it going (i.e. there needs to be buy-in
from those who will implement the plan whether that's city staff, budget members, or master-
plan creators).
6. The most important role for the committee is to get the community involved and excited
about actions. The group needs to propose ways to keep the community and City connected
on an on-going basis
Group had a short discussion with Ms. Simmons about her thoughts on the current process.
Group decided that there are several topics they still need to discuss, but don't currently have
time in the regular meeting schedule. Rosenthal proposed that the group meet on one or two
Saturdays to tackle the following:
• The ordinance
• Next stepson the 10x20 ordinance
• How to incorporate science-based targets (does that change the overall goal?)
• How/when to use subject-mater experts
• Should there be a separate consumption-based goal?
Staff will send a poll to determine the best date(s) for this potential meeting.
Minutes for the Climate and Energy Action Plan ad hoc Committee
September 7, 2016
Page 3 of 3
6. Open House Plan
Group discussed with Cascadia (via speaker phone) the current plan for the open house. Hanks
requested that the group distribute the flyer by the same methods as they did for the previous
open house. He will send the final version next week. Group discussed the desire to have more
clarity on goal choices. They also discussed a desire to have a way to get people more
emotionally involved.
Some members of the group expressed concerns that it was premature to show the public the
actions proposed. Cascadia clarified that these will be shown only as examples of what could be
done - not as items for the public to vote yes or no.
Group discussed whether or not to have a speaker talk about the upcoming ordinance. Mr.
Golden and Cascadia agreed to consider ways to do that.
7. Geos Vulnerability Assessment
Koopman stated that as each community is unique, it is important to do an assessment to
understand our specific community issues. She gave an overview of the process used to create
the report and stated that the focus of the report is on adaptation strategies. She expects that this
assessment will be final soon, hopefully prior to the September 25th open house. Rosenthal stated
that he would prefer if Geos changed the titles in Table 1 from, "solutions" to "potential actions,"
so people don't get the idea that we are implementing these suggestions. Koopman agreed to this
request. The group thanked Koopman and Geos for their work.
8. Strategies and Actions
Mr. Golden gave an overview of how the strategies and actions will be used at the open house.
They need to show at least a small number of actions to help clarify/define the strategies. Group
discussed some of their confusion over the layout of the actions in the packet. Cascadia stated
that some of it might be sorting errors, which will get straightened out. Also, for the sake of
clarity at the open house some actions which were ranked lower by the committee members may
be used as examples, just to show the community the broad range of possibilities to consider.
9. Next Meeting
Hartman asked if the group could alter the early meeting time to 4:30 p.m. Staff stated that the
challenge is in finding a meeting space at that time (the Siskiyou Room is not available) but that
they would search for an alternate space. If none found, the time will have to stay the same.
10. Adjournment
Meeting adjourned at 5:35 p.m.
Respectfully submitted,
Diana Shiplet, Executive Assistant
ASHLAND HISTORIC COMMISSION
Meeting Minutes
September 7, 2016
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
CALL TO ORDER:
Commission Chair, Shostrom called the meeting to order at 6:01 pm in the Siskiyou Room at the Community
Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520.
Commissioners Present: Council Liaison:
Shostrom Carol Voisin
Skibby
Leonard Staff Present:
Ladygo Mark Schexnayder; Staff Liaison
Emery Regan Trapp; Secretary
Swink
Giordano
Whitford
Commissioners Absent:
APPROVAL OF MINUTES:
Leonard motioned to approve minutes from August 3, 2016. Whitford seconded. No one opposed.
PUBLIC FORUM:
There was no one in the audience wishing to speak.
COUNCIL LIAISON REPORT:
Voisin gave the Council Liaison report. Items discussed were:
• Band committee is looking at refurbishing the band shell. It needs to be brought up to code as there
are issues with electrical, lighting, speakers and dry rot. They would like to raise up the rooms on the
left and right hand side of the stage for better access and add some LED lighting. Public Works will be
overseeing this project.
• Study Session:
o They will continue the homeless shelter at Pioneer Hall on Tues/Thurs with a few changes,
• Council meeting:
o Grandview guardrail will remain.
0 10 x 20 ordinance passed. The goal is to replace 10% of electricity with clean local renewable
energy,
• September 15th at 5pm at the Community Center - The options for City Hall will be discussed. This
will be an opportunity for citizens to comment on options for City Hall.
PLANNING ACTION REVIEW:
PLANNING ACTION: PA-2016-01641
SUBJECT PROPERTY: 221 Oak Street
OWNER: Spartan Ashland Natalie Real Estate, LLC
APPLICANT: Bemis Developments, Inc.
DESCRIPTION: A request for a modification of the previously approved Planning Action PA-2015-
01517 for the property located at 221 Oak Street. The current request would modify the original
approval to allow the historic home at 221 Oak Street to be deconstructed and rebuilt in response to
numerous foundation, framing and non-structural deficiencies and fire damage uncovered in a
structural engineer's assessment of the home. The project engineer has determined that the building
is unstable and unsafe and that repairs are not feasible. (The previous approval granted Outline &
Final Plan, Site Design Review, Conditional Use Permit, Variance, Exceptions and Tree Removal
Permit approvals for the properties at 209-221-225 Oak Street and 118 Street.) COMPREHENSIVE
PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP:
39 1 E 09BB; TAX LOTS: 15900.
Skibby mentioned that when he went to take pictures he received a tour of the property by the owner. Emery
declared that he asked to enter the property during a site visit.
Schexnayder gave the staff report for PA-2016-01641.
Shostrom opened the public hearing to the applicants.
Ed Bemis, of Bemis Development PO Box 1018, Ashland, OR addressed the Commission. Mr. Bemis
described the project in detail and stated that during the refurbishing of the walls of the building on the
second floor at 221 Oak they discovered that the framing was a "scab type" framing. When looking at the
framing it was originally built as balloon framing and he believes that at some point the floor was raised,
possibly with the newest addition. Mr. Bemis described that an unconventional siding material appeared to
be used in the new addition and the siding is taking on an S shape because it's so thin and over time has
decayed. He described that the building is filled with mold and the foundation is chiseled stone set on top of
dirt. Where the building sits on the foundation is rotting and with all the problems, they feel they cannot
proceed with saving the building as planned.
Skibby asked if removing the addition would be feasible and just keep the original pieces of the house.
Mr. Bemis stated that all he may be able to salvage are the four walls of the original house but did say that
they can save the original stones from the foundation to be placed around the perimeter of the new
foundation, Mr. Bemis stressed that he can't promise that there will be anything salvageable but he feels
strongly that what they can salvage should be visible, He wants to keep with Anderson windows as the
replacement and mentioned that all the paint on the building is lead based paint which is very hard to
remove.
Mr. Bemis stated that he doesn't think that anyone could have determined earlier on that the building was in
as bad of shape as they thought. He doesn't want to place blame on anyone and stated there were tenants
in that building up until they started construction.
Shostrom gave the description of the property (called the Smith-Elliot House) from the historic record.
Shostrom closed the public hearing and opened to the Commission for comments.
Emery stated that it's nothing he hasn't seen before and understands Bemis' plight. He understands the
economics of tearing down and expressed that he's not fixed on one way or another but is leaning towards
saving the building because it's Historic Contributing. In his opinion, the building can be restored and it's not
that much of a stretch to do it.
Swink stated that the siding along with the lead paint and the round headed box nails are an issue. He
thinks that the stones around the perimeter of the foundation is a great idea and one that will give it back
some historic feel. He's unsure of the necessity of removing the entire building.
Shostrom says it's a tough call and the issues raised are significant but it's nothing they haven't dealt with.
He stressed that new siding would take care of structural issues and went on to say that the fact that it's
been remodeled does make it less historic and disagrees that repair is not feasible. Shostrom commented
that the job would be expensive but it could be done and hates to see a historic building go.
Skibby stated that when he toured the building it seemed pretty sound and the floors looked really good.
Shostrom re-opened the public hearing to the applicant for rebuttal.
Mr, Bemis addressed the Commission and stated that he has a letter from an engineer that says the
building is unsound and feels that there is no compromise. Mr. Bemis stated that the decision is about
quality and went on to say that the owner has told him that he will board the building up and move on if they
can't make any headway on this project. His proposal stands and doesn't want it to be changed in any way.
He would like the commission to allow him take components of the building that are safe and re-usable and
use them where they see fit (preferably on the exterior).
Shostrom suggested that the applicant save the floors and the foundation and Mr. Bemis interjected that it's
a lot of extra work to save something that will not be seen,
Giordano stated that in his opinion, the commission is asking too much of this building. He feels that a full
demo could be in order based on the evidence provided. Giordano went on to say that they will get a much
better product if they deconstruct rather than restore what's left.
Whitford stated that he agrees with Giordano and is impressed with the project. He too, is putting a lot of
weight on the engineering report and doesn't want the owner to pull up stakes because he thinks it's too
hard to build in the Historic District.
Shostrom closed the public hearing and opened to the commission for comments.
Swink agrees with Whitford and Giordano and emphasized that he is hopeful that the applicant will do as
good of a job on this as they did at 209 Oak.
Skibby stated that it's no longer historic if all these changes made.
Emery stated that although the building is historically contributing it's not as significant as 209 Oak.
Leonard reiterated the fact that the owner has stated that he would make it look like the historic home it
should be, they should give the applicant a chance to do so,
Whitford motioned to approve PA-2016-01641 with below siding recommendations. Giordano seconded.
Skibby and Shostrom opposed. Ladygo abstained.
• Siding should be rabbited beveled half inch thick with a five inch exposure.
NEW ITEMS:
• Review board schedule
• Project assignments for planning actions
OLD BUSINESS:
DISCUSSION ITEMS:
COMMISSION ITEMS NOT ON AGENDA:
Piper von Chamier was introduced to the Commission by Shostrom, She has put in her application to the
Mayor and is considering joining the Commission.
Review Board Schedule
Sept 15th Terry, Taylor,
Sept 22nd Terry, Bill, Dale
Sept 29th Terry, Sam,
Oct 61h Terry, Keith, Bill
Pr ject Assignments for Planning Actions
PA-2014-01956 Lithia & First All
PA-2014-00710/711 143/135 Nutley Swink & Whitford
PA-2014-01283 172 Skidmore Shostrom
PA-2014-02206 485 A Street Ladygo
PA-2015-00178 156 Van Ness Ave Shostrom
PA -2015-00374 160 Lithia Way Emery
PA-2015-00878 35 S. Pioneer Ladygo
PA-2015-01496 35 S. Second-Winchester Inn Shostrom
PA-2015-01695 399 Beach Skibby
PA-2015-01769 860 C Ladygo
PA-2015-01517 209 Oak Shostrom
PA-2015-02203 868 A Street Whitford
PA-2016-00073 151 Pioneer Swink
PA-2016-00275 574 Allison Emery
PA-2016-00387 95 N. Main Shostrom
PA-2016-00763 5 N. Main Swink
PA-2016-00209 25 N. Main _ Ladygo
PA-2016-00818 175 Pioneer Shostrom & Skibby
PA-2016-00847 252 B Street Whitford
PA-2016-00587 872 Siskiyou Blvd Skibby
PA-2016-01027 276 B Street Shostrom & Leonard
PA-2016-01641 221 Oak Street Shostrom
ANNOUNCEMENTS & INFORMATIONAL ITEMS:
Next meeting is scheduled October 5, 2016 at 6:00 pm
There being no other items to discuss, the meeting adjourned at 8:40 pm
Respectfully submitted by Regan Trapp
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
SEPTEMBER 13, 2016
CALL TO ORDER
Vice Chair Roger Pearce called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East
Main Street.
Commissioners Present: Staff Present:
Troy J. Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins April Lucas, Administrative Supervisor
Debbie Miller
Haywood Norton
Roger Pearce
Lynn Thompson
Absent Members: Council Liaison:
Melanie Mindlin Greg Lemhouse, absent
ANNOUCEMENTS
Community Development Director Bill Molnar announced there is still time to sign up for the American Planning
Association conference scheduled for Sept. 14-16. He also announced a public meeting has been scheduled to
discuss the potential replacement or remodel of city hall. The meeting will be held Sept. 15 at Pioneer Hall.
AD HOC COMMITTEE UPDATES
Commissioner Dawkins provided an update on the Downtown Parking Management and Circulation Committee. He
handed out the 20 strategies listed in the final plan and stated a public meeting has been scheduled for November 2.
Dawkins commented on a "sharrow" street design which would establish a clear path for bicycles and not require a
reduction in travel lanes, and stated the committee voted unanimously to forward this concept to the city council. He
noted the group has primarily focused on parking and a new committee may be formed next year to focus on the
multimodal piece.
CONSENT AGENDA
A. Approval of Minutes.
1. August 9, 2016 Regular Meeting.
2. August 23, 2016 Study Session.
Commissioners Miller/Brown mis to approve the Consent Agenda. Voice Vote: all AYES. Motion passed
unanimously.
PUBLIC FORUM
Huelz Gutcheonl2253 Hwy 99/Commented on zero net energy and autonomous (off-grid) homes, as well as energy
efficiency program upgrades. He also recommended energy ratings and carbon tax figures be listed on home sale
listings.
UNFINISHED BUSINESS
A. Adoption of Findings for PA-2016-00309,150 N. Pioneer.
Community Development Director Bill Molnar clarified the findings are a summary of the commission's
recommendation and the city council will make the final decision on this action.
Ashland Planning Commission
September 13, 2016
Page 1 of 2
Commissioner Brown recommended Finding 2.2 be corrected to read "...that there is no public need or public benefit
as described in the Ashland Comprehensive Plan that would be addressed in approving the request."
Commissioners Brown/Dawkins m/s to approve the Findings for PA-2016-00309 as amended. Voice Vote: all
AYES. Motion passed unanimously.
DISCUSSION ITEMS
A. Climate and Energy Action Plan - Plan Update.
Project Manager Adam Hanks and Conservation Commission Chair/Climate and Energy Action Plan Committee Vice
Chair Roxane Beigel-Coryell addressed the commission and provided an update on the committee's work to date.
Mr. Hanks explained the committee's scope of work is to: 1) develop a set of recommendations to protect people and
resources from the ongoing impacts of climate change, 2) develop a plan that includes targets and strategies to
reduce greenhouse gas emissions in Ashland, 3) targets and strategies will consider cost, feasibility, community
acceptance and likelihood of success, with emphasis on voluntary measures for community action, and 4) the plan
will include specific, measurable actions that citizens and local businesses can undertake upon adoption of the plan.
Mr. Hanks noted the committee has been working with Cascadia Consulting Group to develop the plan and outlined
the project timelines and meeting highlights. He provided an overview of greenhouse gas inventory and climate
trends and analysis, and stated the preliminary plan goal is to be a carbon neutral community by 2047 using a sector
based calculation methodology. Mr. Hanks provided an overview of the overarching trends that came out of the first
public open house and explained the plan's focus areas have been defined as: 1) building and energy, 2) urban form,
land use, and transportation, 3) consumption and materials management, 4) health and social systems, and 5)
natural systems. He stated the committee is currently creating proposed actions for each of these areas and
requested the Planning Commission provide feedback so that it can be incorporated into the plan. Mr. Hanks stated
there is a strong interest in having the goals adopted by ordinance to hold the community accountable and he invited
the commission to the next open house scheduled for September 25,
Mr. Hanks and Ms. Beigel-Coryell were asked to clarify how the 30 year goal will be measured. Ms. Beigel-Coryell
explained this is based on the community's greenhouse gas inventory and 2015 is the base year. She clarified the
sector based methodology includes local emissions from building energy uses, transportation energy use, methane
emissions from waste, and fugitive leakage of refrigerants. It does not include the consumption piece which are the
emissions generated outside the community from the production of goods, foods, and services consumed by Ashland
residents.
Several commissioners expressed concern with adopting the plan elements by ordinance and the timing of the
ordinance request which is identified as before the adoption of the plan by council.
Mr. Hanks handed out the draft strategies and actions for the commission's review and stated one of the options is to
enhance programs they already have, such as the energy conservation bonus, pedestrian places, and transit
oriented development. He explained some of the actions will be regulatory and others will be voluntary. He added the
suggested actions will be vetted and included in the final plan, and then they will funnel to the respective departments
for implementing. Mr. Hanks thanked the commission for providing feedback and stated he will be taking this to the
other city commissions as well to make sure they are approaching this right and are considering all elements.
ADJOURNMENT
Meeting adjourned at 8:10 p.m.
Submitted by,
April Lucas, Administrative Supervisor
Ashland Planning Commission
September 13, 2016
Page 2 of 2
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Appointment to Forest Lands Commission
FROM:
Barbara Christensen, City Recorder, christeb cr,ashland.or.us
SUMMARY
Confirm Mayor's appointment of Nathan Lewis to the Forest Lands Commission with a term to expire
April 30, 2019.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Forest Lands 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 Nathan Lewis to the Forest Lands Commission with a term to
expire April 30, 2019.
SUGGESTED MOTION:
Motion to approve Nathan Lewis to the Forest Lands Commission with a term to expire April 30,
2019.
ATTACHMENTS:
Application
Page 1 of 1
.
PIrr
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CIT'Y' COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(dashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name N
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Requesting to serve on: ot't L-a S C
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Fax
1. Education Background
What schools have you attended? ~ :91, ` c"10 5-wh 'h 01-t4w
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What degrees do you hold? FMS D t~
What additional training or education have you had that would apply to this position?
s ue - yt«c Work •►,t` fie, U
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2. Related Experience
ghat prior work experience have you had that would help you if you were appointed to
this position? 0?--10X0
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us F-,yL
Do you feel it would be advantageous for you to have further aining in this field, such
as attending conferences or seminars? Why? r~ ~ -~"r CA4
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3. i~ttts
arc ytoi awving for this p iti
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Art SVw1shk t attend p ial mcrtings, in addition to the rcgularly whoduled
p Do you p fct day or evcnin nicetin s';
Row e y lived to this community? .
Pk."c use the spoce below to summarize any additional qualifications you have for this
POWUM
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Signature
♦a~►
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Appointment to Tree Commission
FROM:
Barbara Christensen, City Recorder, christeb(j~ashland.onus
SUMMARY
Confirm Mayor's appointment of Asa Cates to the Tree Commission with a term to expire April 30,
2019.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Tree 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 Asa Cates to the Tree Commission with a term to expire April 30,
2019.
SUGGESTED MOTION:
Motion to approve Asa Cates to the Tree Commission with a term to expire April 30, 2019.
ATTACHMENTS:
Application
Page 1 of 1
~r
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email clil-istebix ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
r
Requesting to serve on: (Commission/Committee)
fi
Address ~1 c
~ r
Occupation },~'~,i Phone: Home
Work 3
Email
Fax
1. Education Background ~ 0 1z W s
What schools have you attended.
What degrees do you hold?
What additional t wining or education have you had that would apply to t 's position?'
5iC-5 '0-~ <,(,L,/
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
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i
Do you feel it would be advantageous for you to h ve further training in this field, such
as attending conferences or seminars? Why?
rr
• 3. Interests
Why are you applying for this position? ~j Clj~ 7C
- v' 10M,
4. Availability
Are you available to attend special meetings, in addition to thAregularly sc h eduled
meetings? Do you prefer day or evening meetings?
5. Additional Information
How long have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
position
C f, Ile
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Date Signature
LALI
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Approval of a public contract exceeding $75,000 for Hosted Credit Card Payment
System (Interfaced to Tyler Technologies - MUNIS)
FROM
Beverly Adams, administrative services/finance director, bev.adamskashland.or.us
Bryn Morrison, customer service division manager, bryn.morrison((Tashland.or.us
SUMMARY
This public contract is for a Hosted Credit Card Payment System and the department's intent is to
award the public contract to highest ranked proposer, OpenEdge. If approved by the Council, the
contract will be awarded for a two-year term with the option of extending the contract annually for up
to three (3) additional years for a maximum term of five (5) years.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Ashland's financial software is being converted at this time to the Tyler product Munis.
Along with this conversion, the City was required to change hosted credit card payment systems to
integrate with the Munis platform. This credit card payment system will support all of the Munis
applications which will assist the public in paying Community Development permits and fees, Public
Works permits and fees, accounts receivable payments, business license payments, transient occupancy
tax payments, food and beverage tax payments, and utility billing payments.
The sourcing method used to acquire these services is a formal Competitive Sealed Proposal (Request
for Proposal). The City received eight (8) proposals in response to the RFP. The proposals were
evaluated and scored by a two-person evaluation committee in accordance with the requirements and
evaluation criteria set forth in the RFP. Upon the completion of the evaluation process, OpenEdge was
declared the highest ranked proposer. The evaluation summary is attached for your review.
Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals
Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and
the Oregon Public Contracting Code:
C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland
Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations
or formal competitive bids.
Section 2.50.070 Public Contracting Officer Authority
A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to:
2. Contract for all personal services as long as the contract price does not exceed $75,000; and
COUNCIL GOALS SUPPORTED:
Page 1 of 2
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CITY OF
ASHLAND
Any goal referencing monitoring, costing, funding, financial tools or financing an activity will benefit
from up-to-date financial software.
Administration and Governance goal:
Provide high quality, effective and efficient city services and governance in an accessible,
collaborative and fiscally responsible manner including goals 40 - 51.
FISCAL IMPLICATIONS:
Funding for this service is included each year within the City Recorders budget under contractual
services.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the public contract for a Hosted Credit Card Payment System (Interfaced to Tyler
Technologies - MUNIS) be awarded to the highest ranked proposer, OpenEdge.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the public contract award
to OpenEdge.
ATTACHMENTS:
RFP - Evaluation Summary
Page 2 of 2
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CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Liquor License Application for Stoel Rives LLP dba ARCO AM/PM
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
Approval of a Liquor License Application from Stoel Rives LLP dba ARCO AM/PM at 2380 Hwy 66
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a new license
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been
reviewed by the Police Department.
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
COUNCIL GOALS SUPPORTED
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
SUGGESTED MOTION:
Under Consent agenda item, a motion to approve liquor license for Stoel Rives LLP dba ARCO
AM/PM
ATTACHMENTS:
Liquor License Application
Page 1 of 1
ky r
* OREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
Application is being made for: CITY AND COUNTY USE ONLY
LICENSE TYPES ACTIONS Date application received:
M Full On-Premises Sales ($402.60/yr) ® Change Ownership
Commercial Establishment New Outlet The City Council or County Commission:
Caterer ❑ Greater Privilege
Passenger Carrier ❑ Additional Privilege (name of city or county)
r ! Other Public Location ❑ Other recommends that this license be:
Chib
On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied
❑ Off-Premises Sales ($100/yr) By:
[H]with Fuel Pumps (signature) (date)
❑ Brewery Public House ($252.60) Name:
Winery ($250/yr)
® Other: Title:
90-DAY AUTHORITY OLCC US O LY
Check here if you are applying for a change of ownership at a business
that has a current liquor license, or if you are applying for an Off-Premises Application Recd b .
Sales license and are requesting a 90-Day Temporary Authority
APPLYING AS: Date: ' Z
❑Limited El Corporation ❑ Limited Liability ❑Individuals
Partnership Company 90-day authority: ❑Yes ❑ No
1. Entity or Individuals applying for the license: (See SECTION 1 of the Guide]
O Convenience Management Services, Inc. 03
OO
2. Trade Name (dba): ARCO AM/PM CMSI #3552
3. Business Location: 2380 Hwy 66 Ashland Jackson OR 97520
(number, street, rural route) (city) (county) (state) (ZIP code)
. buo;ric6sMailing Address: 7 North 5th Street Temple TX 75603
(PO box, number, street, rural route) (city) (state) (ZIP code)
5. Business Numbers: 512-298-0778
(phone) (fax)
6. Is the business at this location currently licensed by OLCC? ❑Yes E]No
7. If yes to whom: Type of License:
8. Former Business Name:
9. Will you have a manager? ❑Yes ❑No Name: Kanwarpal Singh
(manager must fill out an Individual History form)
10. What is the local governing body where your business is located? Ashland
(name of city or county)
11. Contact person for this application: Claire Mitchell, Stoel Rives LLP 206-386-7698
(name) (phone number(s))
600 University St, Suite 3600, Seattle, WA 98101 206-386-7698 claire.mitchell@stoel.com
(address) (fax number) (e-mail address)
understand that if my answers are not true and complete, the OLCC ma deny a
/Applicant(s) Signature(s) and Date:
REUEIVI 0
Date 9/13/16 Date
Date 4 S E P 2 7 2016 Date
1-800-452-OLCC (6522) . www.oregon."E~bFORD REGIONAL OFFICE
(rev 08/20 t)
OREGON LIQUOR
CONTROL COMMISSION
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Approval of a Change Order in Excess of 25% for Reservoir Sediment Removal
FROM:
Kaylea Kathol, Project Manager - Facilities, Public Works/Engineering, kaylea.kathol@ashland.or.us
SUMMARY
This is a change order in excess of 25% for the dredging of accumulated sediment in the East and West
Fork impoundments of Ashland Creek. The change order- accounts for a post-contractual requirement
of the contractor to use biodegradable hydraulic oil in machinery working within waterways and
removal of an additional 756 cubic yards accumulated sediment from the impoundments. Proper
sediment management of reservoir impoundments is essential to meeting the total maximum daily load
permit requirements and maintaining the water quality of Reeder Reservoir.
BACKGROUND AND POLICY IMPLICATIONS:
The City, assisted by an environmental consultant, estimated approximately 700 cubic yards of
material had accumulated in each of the reservoirs since they were last dredged in 2013 (East Fork)
and 2014 (West Fork). A request for proposal for the removal of 1400 cubic yards of sediment was
issued to four contractors on August 31, 2015. KOGAP Enterprises was the only responsive bidder and
was awarded a contract for sediment removal. KOGAP began in-water work on September 13, 2016 in
the East Fork reservoir. On September 15, the City learned that KOGAP was using an excavator with
petroleum-based hydraulic fluids, rather than biodegradable hydraulic fluids, for machinery working
within waterways. Although there were no regulatory or contractual stipulations for the use of
biodegradable hydraulic fluid, the City determined that the environmental risk to aquatic organisms
and the municipal risk to the drinking water supply were too great and halted in-water work until
equipment with biodegradable hydraulic fluid could be supplied. KOGAP rented the appropriate
machinery for the duration of the project at a cost of $9600. The rental resulted an increase of 12.5
percent over the original project cost of $67,200.
A secondary cost increase resulted from the removal of sediment in excess of the estimated 1400 cubic
yards. Estimation of sediment removal is inherently difficult, as the majority of the accumulation is
under the surface of the water. On September 21, as the deadline for in-water work was nearing, the
City learned that an addition 756 cubic yards of sediment would need to be removed to restore the
impoundments to their original bathymetry. The removal, hauling, and disposal of the extra 756 cubic
yards resulted in a charge of $18,900, or a 22 percent increase over the original project cost.
The combined costs of the rental equipment and the additional sediment removal require a contract
amendment for $28,500 (29.8 percent of the original project cost).
The East and West Forks of Ashland Creek are impounded by low-level dams immediately upstream
of Reeder Reservoir. These small impoundments function to capture mobilized sediment, thereby
Page 1 of 2
CITY OF
ASHLAND
reducing accumulation of sediment in Reeder Reservoir. The calculated TMDL for sediment in Reeder
Reservoir, as defined by the City's TMDL permit, administered by the Oregon Department of
Environmental Quality (DEQ), is approximately 6.4 cubic feet per day. The City has a responsibility to
mitigate this accumulation by periodically removing sediment from the reservoirs to maintain water
quality and storage capacity in Reeder Reservoir. This project is budgeted every two years to allow the
City to effectively manage the reservoirs.
In 2013, the Engineering Division acquired the necessary permits from the Oregon Department of
State Lands (DSL) and the US Army Corps of Engineers to remove up to 10,370 cubic yards of
accumulated sediment from the East and West Fork Reservoirs. Under the terms of these types of
permits, in-water work is restricted to the June 15 through September 15 date range. This period,
known as the in-water work window, has been established by Oregon Department of Fish and Wildlife
to protect sensitive life stages of aquatic organisms, including spawning, incubation, and emergence of
native fish populations. Even so, the regulators have the authority to renew permits and extend the in-
water work period for individual projects under certain justifiable circumstances. This year, the City
was granted an extension until September 30, 2016, after which the permit would expire with no
opportunity for renewal or further extension. As such, it was imperative that the City complete
maintenance dredging by September 30.
FISCAL IMPLICATIONS:
The additional funds will come from monies budgeted in the current biennium within the water supply
and SDC improvement funds.
COUNCIL GOALS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the contract amendment with KOGAP for $28,500.
SUGGESTED MOTIONS:
I move approval of a change order with KOGAP for $28,500.
ATTACHMENTS:
Change Order from KOGAP
Page 2 of 2
P.
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Exhibit A: Invoice + Change Circler
J MFG A I
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A %,..P 0 N' C St EXCAVATING
G''NERAL 00t,'
~fl a t~ I1i~ ~(lra) i..'i CC[: # 9349
~ ~a,a P.O. BOX 160 ~ IVIEDFOHD, OREGON 91501
,i PHONE (541) 776-6527 o FAX (511) 776-6539
TO: City of Ashland INVOICE: 24147
Attn: Kaylea Kathol, Project Manager DATE: 10(03/2016
20 East Main Street JOB 2749
Ashland, OR 97520
DATE DESCRIPTION j MATERIAL QUANTITY RATE AMOUNT
OR ; OR
MACHINE HOURS
Sept. Sediment Removal, EastMest Fork of Ashland Creek'
Please see attached Spread Sheet 95,700.00
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Thank you for you
Please make checks payable to KOGAP Enterprises, Inc. 95,700.00
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CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Continued discussion of Lithia Way/Pioneer Street beautification project
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
This is a continuation of the discussion of the proposed beautification project for the corner of Lithia
Way and Pioneer Street that was begun at the October 4, 2016, business meeting. However, the mayor
and staff will not be prepared to present a recommendation at this meeting and will seek a Council
motion to postpone this item again.
BACKGROUND AND POLICY IMPLICATIONS:
In 2015, landscape architect Kerry KenCairn presented plans for a beautification project at the
southeast corner of Lithia Way and Pioneer Street. The project, which had been identified in the
Downtown Beautification Plan created by ad hoc Downtown Beautification Committee in 2014, called
for the removal of three trees due to poor health and the replacement of two of the trees, along with
construction of concrete retaining walls, pavers around the public art, handrail for the walkway and
stairs along with ground based plantings in the beds.
KenCairn, at the request of Council, subsequently provided a conceptual alternate design and narrative
that kept two of the three trees in place while still providing for pavers around the public art, a new tree
grate for the maple planted in the sidewalk area, a small curb/concrete seat wall to retain soil and
handrail for the walkway and stairs. Council after discussion requested a second opinion peer review of
the design and tree health by a different landscape architect.
That review was provided by Laurie Sager and Associates landscape architects. Laurie Sager
performed the peer review of the original design and concurred that the removal and replacement of
trees is necessary to support the original design parameters.
A discussion of and decision on this beautification project was placed on the Council's October 4,
2016, business meeting agenda. In response to objections to tree removal raised by the tree
commission, the mayor proposed convening a technical working group to review the plans and make a
recommendation to the Council. In response to the Mayor's request, the Council voted to postpone
action on this project to October 18, 2016. However, it was not possible to find a date that worked for
all requested attendees of the working group prior to the October 18 meeting.
FISCAL IMPLICATIONS:
KenCairn Landscape Architects estimated the Lithia Way and Pioneer project will cost $50,490.75,
including a 15% construction contingency. Money budgeted and available from transient occupancy
tax funds that are set aside for downtown beautification projects can be used to fund the construction
phase of the Lithia Way and Pioneer corner project.
Page 1 of 2
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CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends postponing this item to a date certain. At the time of the writing of this
communication, it has not been determined when the technical working group can meet.
SUGGESTED MOTION:
I move to postpone consideration of the Lithia Way/Pioneer Street beautification project to December
20, 2016, or sooner, if the city administrator determines the item is ready for consideration at an earlier
meeting.
ATTACHMENTS:
None
Page 2 of 2
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
Discussion of removing public art review and approval requirements from
Chapter 18 of the Ashland Municipal Code
FROM:
Ann Seltzer, management analyst, seltzera@ashland.or.us
SUMMARY
This is a discussion to determine if review and approval of public art on historic structures should be
removed from Ashland Land Use Ordinance (ALUO) 18.5.2, Site Design Review, and moved to the
portions of the Ashland Municipal Code that govern the Historic Commission (AMC 2.24) and the
Public Art Commission (AMC 2.29).
BACKGROUND AND POLICY IMPLICATIONS:
Under Ashland's municipal code, the installation of public art on structures listed on the National
Historic Register and on contributing properties within a Historic District requires a land use
application and site design review. At its June 20, 2016, meeting, the City Council discussed removing
this requirement from the ALUO (AMC 18.5.2) and ensuring that the Historic Commission review
process is preserved elsewhere in the Ashland Municipal Code. Council directed staff to return with
proposed ordinances modifications and to provide the proposed changes to the Historic Commission
for its review and input. The proposed changes, (attachment 91), were provided to the Historic
Commission on September 6. The Public Art Commission reviewed the proposed changes at its
September 16 meeting and is in support of the changes.
Removing public art from ALUO 18.5.2 eliminates the requirement for a land use application,
associated community development fees and written findings, and removes the possibility of a land use
appeal. Inserting the review requirement into AMC 2.24 and AMC 2.29 preserves the requirement that
the Historic Commission review public art proposed for installation on the exterior of structures listed
on the National Register or to a contributing property.
At the June 20 meeting, the Council heard input from resident Barry Thalden, who donated the mural
on Calle Guanajuato. Because the mural was proposed for installation on a structure listed on the
National Historic Register, it triggered a site design review by the Historic Commission. Mr. Thalden
explained the detailed and involved process he was required to follow to get approval for the mural and
he provided a flow chart of the process (attachment #6).
The following proposed changes are consistent with the Council discussion and direction to staff.
Proposed ordinance chan1jes
Page 1 of 4
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CITY OF
ASHLAND
Remove (boldface and strike-through) and add boldface underlined):
18.5.2.020 A. 4
Site Design Review is required for the following types of project proposals.
A Commercial, Industrial, Non-Residential and Mixed Uses
4) Any exterior change, ineluding installation of Publie , with the exception of public art
to a structure which is listed on the National Register of Historic Places or to a contributing
property within a Historic District on the National Register of Historic Places that requires a
building permit.
The removal of the phrase `including installation of Public Art' from the Site Design Review process:
1. Removes the requirement of a land use application, associated fees and written findings.
2. Removes public art from the land use appeal process.
3. Reduces the timeframe from 120+ days to 30+ days.
Add to 2.24 Historic Commission
2.24.060 The Historic Commission shall review public art proposed for installation on the
exterior of structures listed on the National Register of Historic Places or to a contributing
property within a Historic District on the National Register of Historic Places.
A. The Historic Commission shall review the proposed public art using criteria standards
stated in AMC 18.4.2 Building Placement, Orientation, and Design and provide its
comments to the Community Development Director no later than seven days after its next
scheduled meeting.
B. The Director of Community Development shall review the Historic Commission
comments as they relate to AMC 18.4.2 and then forward a recommendation to the City
Council and the Public Art Commission within 30 days of receiving the comments.
C. The Community Development Department will notice the project so that neighbors can
submit comments for consideration.
The addition of the above language:
1. Preserves the current practice of reviewing the project using the criteria stated in AMC 18.4.2.
2. Preserves the current practice of the Historic Commission working with the planning staff.
3. Preserves the current practice of the Director of Community Development providing guidance
to the Historic Commission and review of their input.
4. Preserves the current practice of reviewing the project using the criteria stated in AMC 18.4.2.
Building Placement, Orientation, Design.
5. Shortens the current timeline from 120+ days to 30+ days.
6. Removes the process from the land use ordinance.
7. Providing the comments to the PAC affords it the opportunity to tweak the design to
accommodate the HC concerns.
Add to 2.29 Public Art Commission
2.29.165 Review by City Commissions
Page 2 of 4
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CITY OF
ASHLAND
A. The Historic Commission shall review public art proposed on structures listed on the
National Register of Historic Places and on contributing properties within a Historic
District (AMC 2.24.060) using criteria listed in AMC 18.4.2.
B. The Public Art Commission will seek input from the Historic Commission prior to issuing
a Call for Artists for public art to be sited in a historic district.
C. The Public Art Commission shall provide proposed public art concepts to all City
Commissions for review. City Commissions may review the artist concept using their
existing powers and criteria, and in their advisory role, provide written input for
consideration by the City Council. City Commissions may not participate in the creative
design process.
The addition of the above language:
1. Ensures the Historic Commission reviews public art proposed for structures on the national
register and on contributing properties using criteria in AMC 14.2
2. Ensures all city commission have an opportunity to review proposed concepts using their
existing powers and criteria
3. Ensures the Public Art Commission distributes the concepts
4. Cross references 2.29 with 2.24
5. This does not require the Public Art Commission to make a presentation to the Historic
Commission or to other commissions.
Other
Removing public art from the land use code removes public art from the land use appeal process.
During the June 20 discussion some Council members expressed interest in retaining an appeal process
even if the proposed ordinance changes are made.
An appeal is a criteria-based objection of a decision.
In land use, depending on the type of planning action, a decision might be made by the Community
Development Director, the Hearings Board or the Planning Commission. Those decisions can be
appealed to the next level up from the decision maker to the City Council and then to the Land use
Board of Appeals (LUBA) and then to the Supreme Court. This process can take months and
sometimes years.
For non-land use decisions, AMC 2.30.020, the Uniform Administrative Appeals Process states that a
person can appeal the decision of a Department Head or Director to the City Administrator.
For public art, the only decision maker is the City Council (AMC 2.29) and the Council decision is
final. There is not another decision maker above the Council or below. If, however, the Council wants
another decision maker in the process in order to create an appeal process the Council could assign the
decision making authority to the Community Development Director for public art proposed on historic
structures and contributing properties. Doing so would allow for an appeal of the Director's decision
to the City Administrator and then to the City Council. The appeal would be based on the criteria used
by the Historic Commission to review the proposal.
Council Consideration
Page 3 of 4
CITY OF
ASHLAND
If the Council chooses not to remove proposed public art on listed historical structures or contributing
properties from the land use code, staff recommends:
1) Waiving the planning fee associated with the land use process via resolution and;
2) Directing the planning staff to develop an application specifically related to public art.
Clarification
There are two paths for public art installations:
1) Projects initiated by the Public Art Commission. These projects involve an RFQ process or a
direct commission. The Public Art Commission has and will continue to seek input from the
Historic Commission when drafting an RFQ or awarding a direct commission for public art to
be installed in historic districts. The Historic Commission along with all commissions will be
provided the public art concepts for review and input using their existing criteria.
2) A private donor seeks approval of the Public Art Commission to install public art. The Public
Art Commission reviews the proposal and if it meets with the guidelines listed in 2.29.130 the
PAC will direct the donor to the next step in the process. Currently, if the donation is proposed
for installation on a structure listed on the National Historic Register or on a contributing
property, the donor becomes a land use applicant per ALUO 18.5.2.020.
COUNCIL GOALS SUPPORTED:
14. Encourage and/or develop public spaces that build community and promote interaction.
FISCAL IMPLICATIONS:
None
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council direct staff to prepare ordinance changes for first reading.
SUGGESTED MOTION:
I move to direct staff to prepare ordinance changes to the above referenced chapters of the Ashland
Municipal Code relating to review and approval of public art.
ATTACHMENTS:
1) Proposed changes sent to HC
2) AMC 18.5.2.020.A
3) AMC 18.4.2.050 Building Placement, Orientation, and Design - Historic District Development
4) AMC 2.24 Historic commission
5) AMC 2.29 Public Art Commission
6) Thalden flow chart
7) Memo from Historic Commission
Page 4 of 4
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18.5.2 - Site Design Review
Chapter 18.5.2 - Site Design Review
Sections:
18.5.2.010 Purpose
18.52020 Applicability
18.5.2.030 Review Procedures
18.5.2.040 Application Submission Requirements
18.5.2.050 Approval Criteria
18.5.2.060 Public Improvements Guarantee
18.5.2.070 Expiration and Extensions
18.5.2.080 Power to Amend Plans
18.5.2.010 Purpose
The purpose and intent of this chapter is to regulate the manner in which land in the City is used and
developed, to reduce adverse effects on surrounding property owners and the general public, to create
a business environment that is safe and comfortable, to further energy conservation efforts within the
City, to enhance the environment for walking, cycling, and mass transit use, and to ensure that high
quality development is maintained throughout the City.
18.5.2.020 Applicability
Site Design Review is required for the following types of project proposals.
A. Commercial, Industrial, Non-Residential, and Mixed Uses. Site Design Review applies to the
following types of non-residential uses and project proposals, including proposals for commercial,
industrial, and mixed-use projects, pursuant to section 18.5.2.030 Review Procedures.
1. New structures, additions, or expansions in C-1, E-1, HC, CM, and M-1 zones.
2. New non-residential structures or additions in any zone, including public buildings, schools,
churches, and similar public and quasi-public uses in residential zones.
3. Mixed-use buildings and developments containing commercial and residential uses in a
residential zoning district within the Pedestrian Place Overlay.
4. Any exterior change, including installation of Public Art, to a structure which is listed on the
National Register of Historic Places or to a contributing property within an Historic District on the
National Register of Historic Places that requires a building permit.
5. Expansion of impervious surface area in excess of ten percent of the area of the site, or 1,000
square feet, whichever is less.
6. Expansion of any parking lot, relocation of parking spaces on a site, or any other change that
alters or affects circulation onto an adjacent property or public right-of-way.
7. Any change of occupancy from a less intense to a more intensive occupancy, as defined in the
building code, or an change in use that requires a greater number of parking spaces.
City of Ashland 5-24 Land Use Ordinance
1 8.5.2 - Site Design Review
8. Any change in use of a lot from one general use category to another general use category, e.g.,
from residential to commercial, as defined in the zoning regulations of this ordinance.
9. Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt
from site design review per section 18.5.2.020.C.
10. Installation of wireless communication facilities in accordance with section 18.4.10.
B. Residential Uses. Site Design Review applies to the following types of residential uses and project
proposals, pursuant to section 18.5.2.030 Review Procedures.
1. Two or more dwelling units, including the addition of an accessory residential unit, on a lot in
any zoning district.
2. Construction of attached (common wall) single-family dwellings (e.g., townhomes,
condominiums, rowhouses) in any zoning district.
3. Any exterior change, including installation of Public Art, to a structure individually listed on the
National Register of Historic Places that requires a building permit.
4. Any change to off-street parking or landscaping in a residential development where such
parking or landscaping is provided in common area (e.g., shared parking) and is approved
pursuant to chapter 18.3.9 Performance Standards Option.
5. Any change in use that requires a greater number of parking spaces.
6. Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt
from Site Design Review per section 18.5.2.020.C.
7. Installation of wireless communication facilities (e.g., accessory to a residential use), in
accordance with section 18.4.10.
C. Exempt From Site Design Review. The following types of uses and projects are exempt from Site
Design Review, but are required to comply with the applicable provisions of part 18.4 Site
Development and Design Standards.
1. Detached single-family dwellings and associated accessory structures and uses, except that
accessory residential units require Site Design Review pursuant to section 18.2.3.040.
2. Land divisions and property line adjustments, which are subject to review under chapter 18.5.3.
3. The following mechanical equipment.
a. Private, non-commercial radio and television antennas not exceeding a height of 70 feet
above grade or 30 feet above an existing structure, whichever height is greater, and
provided no part of such antenna shall be within the setback yards required by this
ordinance. A building permit shall be required for any antenna mast or tower over 50 feet
above grade or 30 feet above an existing structure when the same is constructed on the roof
of the structure.
b. Not more than three parabolic disc antennas, each under one meter in diameter, on any one
lot or dwelling unit.
c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1 zoned
City of Ashland 5-25 Land Use Ordinance
1 8.5.2 - Site Design Review
properties located within designated historic districts. The devices shall comply with solar
setback standards described in chapter 18.4.8 and the height standards of the respective
zoning district.
d. Roof-mounted solar collection devices on E-1 and C-1 zoned properties located within
designated historic districts if the footprint of the structure is not increased, the plane of the
system is parallel to the slope of the roof and does not extend above the peak height of the
roof or existing parapets, or is otherwise not visible from a public right-of-way. The devices
shall comply with solar setback standards described in chapter 18.4.8 and height
requirements of the respective zoning district.
e. Installation of mechanical equipment other than those exempted in 18.5.2.020.C.3,
subsections a - d, above, and which is not visible from a public right-of-way, except alleys,
or adjacent residentially zoned property and consistent with other provisions of this
ordinance, including solar access in chapter 18.4.8, and noise and setback requirements of
subsection 18.2.4.020.B. See also, screening standards for mechanical equipment in
subsection 18.4.4.030.6.4.
f. Routine maintenance and replacement of existing mechanical equipment in all zones.
18.5.2.030 Review Procedures
A. Type I Review. Except as provided by 18.5.2.030, subsections B - G, below, applications for Site
Design Review are subject to the Type I procedure, pursuant to section 18.5.1.050.
B. C-1, E-1, HC, and M-1 Zones. In the C-1, E-1, HC, and M-1 zones, but not within the Downtown
Design Standards or Detail Site Review overlays, new structures or additions greater than 15,000
square feet in gross floor area, or greater than 50 percent of an existing building's gross floor area
are subject to Type 11 review.
C. Downtown Design Standards Overlay. In the Downtown Design Standards overlay, new
structures or additions greater than 2,500 square feet in gross floor area, or greater than ten
percent of an existing building's gross floor area are subject to Type 11 review.
D. Detail Site Review Overlay. In the Detail Site Review overlay, new structures or additions greater
than 10,000 square feet in gross floor area, or longer than 100 feet in length or width are subject to
Type 11 review.
E. Residential Site Review. Residential structures or additions greater than 10,000 square feet in
gross floor area, other than single-family homes or accessory uses on individual lots, are subject to
Type 11 review.
F. Croman Mill District. In the Croman Mill district, new structures or additions greater than 15,000
square feet in gross floor area are subject to Type 11 review.
G. Landscape and Irrigation Plan Amendments. Minor amendments to landscape and irrigation
plans approved pursuant to chapter 18.4.4 to improve fire safety, public safety, water conservation,
or energy efficiency may be processed as Ministerial or Type I actions.
City of Ashland 5-26 Land Use Ordinance
18.5.2 Site Design Review
18.5.2.040 Application Submission Requirements
The following information is required for Site Design Review application submittal, except where the
Staff Advisor determines that some information is not pertinent and therefore is not required.
A. General Submission Requirements. Information required for Type I or Type II review, as
applicable (see sections 18.5.1.050 and 18.5.1.060), including but not limited to a written statement
or letter explaining how the application satisfies each and all of the relevant criteria and standards.
D. Site Design Review Information. In addition to the general information required for Site Design
Review, the applicant shall provide the following information.
1. Basic Plan Information. Plans and drawings shall include the project name, date, north arrow,
scale, and names and addresses of all persons listed as owners of the subject property on the
most recently recorded deed. The scale of site and landscaping plans shall be at least one inch
equals 50 feet or larger, and of building elevations one inch equals ten feet or larger.
2. Site Analysis Map. The site analysis map shall contain the following information.
a. Vicinity map.
b. The property boundaries, dimensions, and area of the site shall be identified.
c. Topographic contour lines at 5-,foot intervals or less, except where the Staff Advisor
determines that larger intervals will be adequate for steeper slopes.
e. Zone designation of the and adjacent to the proposed development, including lands subject
to overlay zones including but not limited to lands subject to Detail Site Review, Downtown
Design Standards, Historic District, Pedestrian Place, Physical and Environmental
Constraints, and Water Resource Protection Zones overlays (see part 18.3 Special Districts
and Overlays).
f. The location and width of all public and private streets, drives, sidewalks, pathways, rights-
of-way, and easements on the site and adjoining the site.
g. The location and size of all public and private utilities, on and adjacent to the subject site,
including:
i. Wafter lines;
ii. Sewer lines, manholes and cleanouts;
iii. Storm drainage and catch basins; and
iv. Fire hydrants.
h. Site features, including existing structures, pavement, drainage ways, rock outcroppings,
areas having unique views, and streams, wetlands, drainage ways, canals and ditches.
i. The location, size, and species of trees six inches DBH or greater, including trees located on
the subject site and trees located off-site that have drip lines extending into the subject site.
3. Proposed Site Plan. The site plan shall contain the following information.
City of Ashland 5-27 Land Use Ordinance
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18.5.2 Site Design Review i
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a. The proposed development site, including boundaries, dimensions, and gross area. I
b. Features identified on the existing site analysis maps that are proposed to remain on the
I
site.
c. Features identified on the existing site map, if any, which are proposed to be removed or
modified by the development.
d. The location and dimensions of all proposed public and private streets, drives, rights-of-way,
and easements,
e. The location and dimensions of all existing and proposed structures, utilities, pavement, and
other improvements, including:
i. Connection to the City water system and meter locations;
ii. Connection to the City sewer system;
iii. Connection to the City electric utility system and meter locations;
iv. New and/or replaced fire hydrants and vault locations;
v. The proposed method of drainage of the site; and
vi. The opportunity-to-recycle site and solid waste receptacle, including proposed
screening.
f. Location of drainage ways and public utility easements in and adjacent to the proposed
development.
g. Setback dimensions for all existing and proposed structures.
h. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and
bicycle access,
i. The location and dimensions of all parking and vehicle circulation areas (show striping for
parking stalls), including accessible parking by building code.
j. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway
connections to adjacent properties, and any bicycle lanes or trails.
k. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and
i
similar improvements.
1. Location of outdoor lighting.
m. Location of mail boxes, if known.
n. Locations of bus stops and other public or private transportation facilities.
o. Locations, sizes, and types of signs. j
4. Architectural drawings. Architectural drawings, as applicable.
a. Exterior elevations of all proposed buildings, drawn to a scale of one inch equals ten feet or
greater; such plans shall indicate the material, color, texture, shape, and design features of
the building, and include mechanical devices not fully enclosed in the building.
City of Ashland 5-28 Land Use Ordinance
l
18.5.2 - Site Design Review
b. Exterior elevations of other proposed structures, including fences, retaining walls, accessory
buildings, and similar structures.
c. The elevations and locations of all proposed signs for the development.
d. For non-residential developments proposed on properties located in a Historic District,
section drawings including exterior walls, windows, projections, and other features, as
applicable, and drawings of architectural details (e.g., column width, cornice and base, relief
and projection, etc.) drawn to a scale 3/ of an inch equals one foot or larger.
5. Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan prepared by
an engineer shall be submitted with the application for Site Design Review where a
development site is 'I2 of an acre or larger as deemed necessary by the Staff Advisor. The
preliminary grading plan shall show the location and extent to which grading will take place,
indicating general changes to contour lines, slope ratios, slope stabilization proposals, and
location and height of retaining walls, if proposed, and temporary and permanent erosion control
measures. Surface water detention and treatment plans may also be required, in accordance
with chapter 18.4.6 Public Facilities.
6. Erosion Control Plan. An erosion control plan addressing temporary and permanent erosion
control measures, which shall include plantings where cuts or fills (including berms), swales,
storm water detention facilities, and similar grading is proposed. Erosion control plans in Hillside
Lands shall also conform to section 18.3.10.090 Development Standards for Hillside Lands.
7. Landscape and Irrigation Plans.
a. Landscape and irrigations plans shall include the following information.
i. The location, size, and species of the existing and proposed plant materials, and any
other pertinent features of the proposed landscaping and plantings.
ii. A tree protection and removal plan consistent with chapter 18.4.5 for sites with trees that
are to be retained, protected, and removed.
iii. At time of building permit submittals, an irrigation plan including a layout of irrigation
facilities.
b. When water conserving landscaping is required pursuant to section 18.4.4.030, the
landscape plan shall contain the following additional information.
i. Information from proposed site plan.
ii. Landscape contact person, including address and telephone number.
iii. Identification of cut and fill areas.
iv. Location of underground utilities and all transformer and utility meter locations.
v. Slopes exceeding ten percent and grade changes in root zones of plants to be retained
on site.
vi. Inventory of existing plant materials on site identifying that will remain and will be
removed.
City of Ashland 5-29 Land Use Ordinance
18.5.2 - Site Design Review
vii. Composite plant list including quantity, size, botanical name, common name, variety,
and spacing requirements of all proposed plant material.
viii. Mulch areas labeled according to material and depth.
ix. Shrub and tree planting and staking detail.
x. Root barrier design, installation specifications, and details.
xii. Design and installation specifications of any proposed tree grates.
c. When water conserving landscaping is required pursuant to section 18.4.4.030, the irrigation
plan included with the building permit submittals shall contain the following additional
information.
i. Information from proposed site plan.
ii. Irrigation contact person, including address and telephone number.
iii. For lots with a landscaped area greater than 5,000 square feet, a grading plan and
topographic map showing contour intervals of five feet or less.
iv. Identification of water source and point of connection including static and operating
pressure.
v. If Talent Irrigation District (TID) is used, list the size and type of filtration method.
vi. Area of irrigated space in square feet.
vii. Size, type, brand, and location of backflow device, as well as make, model, precipitation
rate, and location of sprinkler heads.
viii. Layout of drip system showing type of emitter and its outputs, as well as type of filtration
used.
ix. Piping description including size schedule or class, type of mounting used between
piping and sprinkler heard, depth of proposed trenching, and provisions for winterization.
x. Size, type, brand, and location of control valves ad sprinkler controllers.
xi. Size, type, depth, and location of materials for under paving sleeves.
xii. Type and location of pressure regulator.
xiii. Type and location of rain sensor.
xiv. Monthly irrigation schedule for the plant establishment period (6 - 12 months) and for
the first year thereafter.
xv. Water schedule for each zone from the plan.
8. Narrative. Letter or narrative report documenting compliance with the applicable approval
criteria contained in section 18.5,2.050. Specifically, the narrative shall contain the following.
a. For commercial and industrial developments:
i. The square footage contained in the area proposed to be developed.
City of Ashland 5-30 Land Use Ordinance
18.5.2 - Site Design Review
ii. The percentage of the lot covered by structures.
iii. The percentage of the lot covered by other impervious surfaces.
iv. The total number of parking spaces.
v. The total square footage of all landscaped areas.
b. For residential developments:
i. The total square footage in the development.
ii. The number of dwelling units in the development (include the units by the number of
bedrooms in each unit, e.g., ten one-bedroom, 25 two-bedroom, etc).
iii. Percentage of lot coverage by structures; streets, roads, or drives; public use areas,
common area/private recreation areas, landscaping, and parking areas.
18.5.2.050 Approval Criteria
An application for Site Design Review shall be approved if the proposal meets the criteria in
subsections A, B, C, and D below. The approval authority may, in approving the application, impose
conditions of approval, consistent with the applicable criteria.
A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying
zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions,
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public
.Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the property, and adequate transportation can and will
be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in
either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development
and Design Standards due to a unique or unusual aspect of an existing structure or the
proposed use of a site; and approval of the exception will not substantially negatively impact
adjacent properties; and approval of the exception is consistent with the stated purpose of the
Site Development and Design; and the exception requested is the minimum which would
alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the
exception will result in a design that equally or better achieves the stated purpose of the Site
City of Ashland - 5-31 Land Use Ordinance
18.5.2 - Site Design Review
Development and Design Standards.
18.5.2.060 Public Improvements Guarantee
Public improvements required as part of a Site Design Review approval shall be subject to the
performance guarantee and warranty bond provisions of chapter 18.4.6 Public Facilities, as applicable.
18.5.2.070 Expiration and Extensions
Site Design Review approvals are subject to sections 18.1.6.030 Permit Expiration and 18.1.6.040
Permit Extension.
18.5.2.080 Power to Amend Plans
When approving an application to modify a Site Design Review approval pursuant to chapter 18.5.6,
the Planning Commission or Staff Advisor may include any or all of the following conditions as they find
necessary to meet the intent and purpose and the criteria for approval.
A. Require the value of the landscaping to be above two percent, but not greater than five percent of
the total project costs as determined from the building permit valuation.
B. Require such modifications in the landscaping plan as will ensure proper screening and aesthetic
appearance.
C. Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead
organic ground cover.
D. Require the retention of existing trees, rocks, water ponds or courses, and other natural features.
E. Require the retention and restoration of existing historically significant structures on the project site.
F. Require the City Engineer's approval of a grading plan or drainage plan for a collection and
transmission of drainage.
G. Require the modification or revision of the design or remodeling of structures, signs, accessory
buildings, etc., to be consistent with the Site Development and Design Standards.
H. Require the modification of the placement of any new structures, new accessory uses, parking, and
landscaping on the project site to buffer adjacent uses from the possible detrimental effects of the
propose development.
Restrict heights of new buildings or additions over 35 feet and increase setbacks up to 20 feet.
J. Require on-site fire hydrants with protective barricades.
K. Require the type and placement or shielding of lights for outdoor circulation and parking.
L. Require new developments to provide limited controlled access onto a major street by means of
traffic signals, traffic controls and turning islands, landscaping, or any other means necessary to
ensure the viability, safety, and integrity of the major street as a through corridor.
City of Ashland 5-32 Land Use Ordinance
i
18.5.2 - Site Design Review
M. Require pedestrian access, separate pedestrian paths, sidewalks, and protection from weather in
new developments.
i
N. Require developments to provide access to improved City streets and, where possible, provide
access to the lower order street rather than a major collector or arterial street.
t
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3
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City of Ashland -5-33 Land Use Ordinance
I
18.4.2 - Building Placement, Orientation, and Design
18.4.2.050 Historic District Development
A. Purpose, Applicability, and Background
1. Purpose and Intent. Ashland's Historic District is very important to all of the City's residents. Not
only does this area contain the City's beginnings, but it is also the area of some of the most
prominent landmarks in Ashland including the Plaza, East Main Street commercial area, Lithia Park,
and many important residential districts. For the most part, the main architectural themes have
already been laid down and must be considered in the design of any new structures or renovation
of existing structures. This does not mean that all new structures must be a lavish imitation of an
architectural style whose heyday is past, but sensitivity to surrounding buildings and the existing
land use patterns is essential to the successful development.
While it is critical that buildings be made habitable and safe, it is equally imperative that the
architectural character of a building be respected in the process of structural improvements.
Unfortunately, this has not always been done in Ashland. The architectural merit of a building has
too often been sacrificed for a more contemporary design. For this purpose, the following standards
were conceived as a guide to design decisions in the hope that the architectural integrity of
Ashland's homes and commercial buildings will no longer be unnecessarily lost.
It is suggested that you think of your building as a whole - a single unit with no removable parts.
Every change that you make can chip away at the integrity of the whole, like surgery. Efforts to
personalize and update the building will leave you with an assortment of miscellaneous parts that
bear no relation to each other or to the original design. Wrought iron columns, asbestos shingles,
and aluminum frame windows have only one thing in common the local hardware store. Older
buildings in Ashland were built one at a time and such added options can obscure their individuality.
2. Applicability. The City of Ashland has adopted ordinances to assure that all development in the
Historic District overlay remains compatible with the existing integrity of the Historic District.
a. In new construction of single-family residences, the Historic Commission will use these
standards to make recommendations to the applicant.
b. If a development requires a Type I, II, or III review procedure (e.g., Site Design Review,
Conditional Use Permit) and involves new construction, or restoration and rehabilitation, or
any use greater than a single-family use, the authority exists in the law for the Staff Advisor
and the Planning Commission to require modifications in the design to match these
standards. In this case the Historic Commission advises both the applicant and the Staff
Advisor or other City decision maker.
City of Ashland 4-23 Land Use Ordinance
1 8.4.2 - Building Placement, Orientation, and Design
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Figure 18.4.2.050
Historic District Overlay
B. Historic District Design Standards. In addition to the standards of part 18.4, the approval
authority uses the following standards for new construction, and restoration and rehabilitation of
existing buildings within the Historic District overlay.
1. Transitional Areas. For projects located at the boundary between zones or overlays, appropriate
adjustments to building form, massing, height, scale, placement, or architectural and material
treatment may be considered to address compatibility with the transitional area while not losing
City of Ashland 4-24 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
sight of the underlying standards or requirements applicable to the subject property.
2. Height.
RECOMMENDED AVOID
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Construct new buildings to a height within New construction that varies in height
the range of historic building heights on and (i.e., too high or too low) from historic
across the street, buildings in the vicinity.
3. Scale.
RECOMMENDED AVOID
l
Height, width, and massing of new buildings Height, width, or massing of new
conform _to_historic_buildings _in_the _ buildings_that. is_out__of_soale__with
immediate vicinity. historic buildings in the vicinity.
City of Ashland _ 4.25 Land Use Ordinance
1 8.4.2 - Building Placement, Orientation, and Design
4. Massing.
RECOMMENDED AVOID
i
Small, varied masses consistent with historic Single, monolithic forms that are not
buildings in the immediate vicinity. relieved by variations in massing.
5. Setback.
RECOMMENDED AVOID
Front walls of new buildings are in the same Front walls that are constructed
plane as facades of adjacent historic forward of or behind setback line of
buildings. adjacent historic buildings.
City of Ashland 4.26 Land Use Ordinance
18.4.2 - wilding Placement, Orientation, and Design
6. Roof.
RECOMMENDED AVOID
/ - flu~
Roof shape, pitches, and materials Roof shapes, pitches, or materials not
consistent with historic buildings in the historically used in the immediate
immediate vicinity. vicinity.
7. Rhythm of Openings.
RECOMMENDED AVOID
fii M
Pattern or rhythm of wall to door/window A pattern or rhythm of window/door
openings on-the-primary-facade _or-other openings that is inconsistent -with
visually prominent elevation is maintained, adjacent historic buildings.
Maintain compatible width-to-height ratio of
bays in the fagade.
8. Base or Platforms.
City of Ashland 4-27 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
RECOMMENDED AVOID
A clearly defined base, or platform Walls that appear to rise straight out of
characteristic of historic buildings in the the ground without a distinct platform
immediate vicinity. or base at the ground level.
9. Form.
RECOMMENDED AVOID
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L-Y
Form (i.e., vertical/horizontal emphasis of Form that varies from that of existing
building) that is consistent with that of adjacent historic buildings.
adjacent historic buildings.
10. Entrances.
City of Ashland 4-28 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
RECOMMENDED AVOID
n
f
Well-defined primary entrances with covered Facades with minimally defined
porches, porticos, and other architectural primary entrances.
features compatible but not imitative of
historic counterparts.
11. Imitation of Historic Features.
RECOMMENDED AVOID
Yi
Accurate restoration of original architectural Replicating or imitating the styles,
features on historic buildings. New motifs, or details of historic buildings.
construction, including additions, that is
clearly contemporary in design, which
enhances but does not compete visually with
adjacent historic buildings.
City of Ashland 4-29 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
12. Additions.
RECOMMENDED AVOID
IL
s
Additions that are visually unobtrusive from a Additions on the primary fagade or any
public right-of-way, and do not obscure or elevation that is visually prominent
eliminate character defining features of from a public right-of-way, and
historic buildings. additions that obscure or destroy
character defining features.
13. Garage Placement.
RECOMMENDED AVOID
till
t'
Garage placed behind the primary historic Garage placed beside or in front of the
building with access from a side street or primary historic building.
alley if available.
C. Rehabilitation Standards for Existing Buildings and Additions.
1. Purpose. Because there is so much activity these days in the improvement of older housing,
new terminology has been introduced. The difference between "restoring", "rehabilitating", and
"remodeling" may seem academic, but each results in a major difference in the way the job or
project may turn out. See also, definitions of restoration and rehabilitation in part 18.6.
City of Ashland 4-30 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
To "restore" is to return a building to its original condition as if it were a precious museum piece.
This technique it typically used for structures of particular significance, such as historic
landmarks where accuracy will serve an educational purpose as well as a visual one.
Restoration is the most painstaking improvement process and usually the most expensive
because it requires technical skill and historical precision for successful results. It can involve
the removal of extraneous elements as well as the recreation of original features which may
have become deteriorated or been destroyed. A fine example of a restoration project in Ashland
is the Swedenberg home found on Siskiyou Boulevard. Great care has been taken to assure
that the architectural integrity of the building exterior is practically identical to that when it was
built in the early 1900s.
Remodeling a building is normally at the opposite end of the improvement spectrum from
restoration. Unless it is done with sensitivity, to remodel a building is to redesign it so that the
generic features are obliterated and the basic character destroyed in the name of
modernization. A remodeling job is to often considered a success if the original structure is
unrecognizable in the end result. Remodeling is appropriate only for buildings which are not
historic and have fallen into a state of disrepair due to vacancy or vandalism. Remodeling can
also be a proper course of action when a non-historic structure undergoes a change in use, say
from a single-family residence to commercial office space.
Unfortunately, it is quite common for a house to be remodeled and totally divested of its
valuable characteristics when conditions do not require such radical treatment. Hence, the
expression "remodel" can have bad connotations. To many people it suggests a waste of
valuable resources. It is possible, however, to remodel with sensitivity, especially with the help
of a talented architect.
To "rehabilitate" is to take corrective measures which will make a structure livable again. Some
aspects of rehabilitation entail renovation and the introduction of new elements. For example, it
is likely that inadequate electrical circuits would be required to be brought up to code to ensure
safety and to provide adequate service for today's modern appliances. When rehabilitating a
building, it is essential to protect those portions or features which convey its historical, cultural,
and architectural character. These are the very features through which the visual integrity and
the economic value of the building are preserved, Modern elements shall only be introduced
when absolutely necessary and in a manner which is sympathetic to the original design. An
excellent example of a successful rehabilitation is the Ashland Community Center on Winburn
Way,
The rewards of sensitive home improvements are many. First there is the satisfaction of
knowing you have done the job right. Second, there is the gratification from compliments of
other people who appreciate what you have done. Third, there is the pleasure of living in an
attractive, comfortable and historically preserved home. While these benefits are difficult to
measure, such restoration or rehabilitation can result in significant economic benefits. A
perceptive combination of restoration and remodeling will actually contribute to the resale value
of your home. Finally, a good rehabilitation project can be surprisingly influential on an entire
neighborhood.
2. Rehabilitation Standards. In addition to the standards of part 18.4, the approval authority uses
the following standards for existing buildings and additions within the Historic District Overlay.
City of Ashland 4-31 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
These standards apply primarily to residential historic districts, residential buildings in the
Downtown Historic District, and National Register-listed historic buildings not located within the
Historic District Overlay. The purpose of the following standards is to prevent incompatible
treatment of buildings in the Historic District Overlay and to ensure that new additions and
materials maintain the historic and architectural character of the district,
a. Historic architectural styles and associated features shall not be replicated in new additions
or associated buildings.
b. Original architectural features shall be restored as much as possible, when those features
can be documented.
c. Replacement finishes on exterior walls of historic buildings shall match the original finish.
Exterior finishes on new additions to historic buildings shall be compatible with, but not
replicate, the finish of the historic building.
d. Diagonal and vertical siding shall be avoided on new additions or on historic buildings
except irr those instances where it was used as the original siding,
e. Exterior wall colors on new additions shall match those of the historic building.
f. Imitative materials including but not limited to asphalt siding, wood textured aluminum
siding, and artificial stone shall be avoided.
g. Replacement windows in historic buildings shall match the original windows. Windows in
new additions shall be compatible in proportion, shape and size, but not replicate original
windows in the historic building.
h. Reconstructed roofs on historic buildings shall match the pitch and form of the original roof.
Roofs on new additions shall match the pitch and form of the historic building, and shall be
attached at a different height so the addition can be clearly differentiated from the historic
building. Shed roofs are acceptable for one-story rear additions.
i. Asphalt or composition shingle roofs are preferred. Asphalt shingles which match the
original roof material in color and texture are acceptable. Wood shake, woodshingle, tile,
and metal roofs shall be avoided.
j. New porches or entries shall be compatible with, but not replicate, the historic character of
the building.
k. New detached buildings shall be compatiblewith the associated historic building and shall
conform to the above standards.
1. The latest version of the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings shall be used in clarifying and determining
whether the above standards are met.
City of Ashland 4-32 Land Use Ordinance
1 8.4.2 - Building Placement, Orientation, and Design
18.4.2.060 Downtown Ashland
A. Purpose, Intent, and Background.
1. Purpose and Intent. The purpose of the Downtown Design Standards is to respect the unique
heritage and to enhance the appearance and livability of the area as it develops and changes.
Section 18.4.2.060 implements the Ashland Downtown Plan. The design standards contained in
this section are based on the Downtown Plan; where the intent of this section is unclear, the
approval authority shall refer to the Downtown Plan in interpreting this section.
Based upon common features found in the downtown, the standards provide a foundation for
prospective applicants, citizens, and community decision makers to direct change in a positive
and tangible way. It is not the intent of the Downtown Design Standards to freeze time and halt
progress or restrict an individual property owner's creativity, but rather to guide new and
remodeled proposals to be in context with their historic surroundings. Personal choice should be
and can be expressed within the framework of the standards.
While many communities across America are attempting to create or re-create an urban
downtown of their own, the Downtown Design Standards are attempt to preserve what Ashland
already has; a main street historical district with diverse individual buildings that collectively
create an organized, coordinated, and ageless rhythm of buildings. As a collective group, the
downtown can retain its sense of place, its economic base, its history, and its citizen's vision.
2. History. Ashland's downtown is without doubt the most important 55 acres in the city. For over
100 years, it has been the community's economic center. The downtown boasts one of the most
beautiful parks in the country, and the Oregon Shakespeare Festival annually draws thousands
of theater goers. Ashland's charm, cultural offerings, and lovely location have not been lost on
those who visit, and during the last two decades the City's population has risen from 11,000 to
16,000. However, downtown economic growth has significantly exceeded population growth.
The downtown retail spaces have increased, office spaces have doubled and tourist traffic has
grown over 600 percent. Downtown automobile traffic has nearly doubled and pedestrian traffic
counts have risen over 200 percent to 900 percent.
Such growth demands changes in planning and development, but Ashland's citizens insist that
these changes allow the downtown to maintain its integrity and its unique character. Community
participation has always been integral to Ashland's development. Citizens' affection for the city
and desire to increase the culture, physical grace, and the economy have encouraged residents
to support Southern Oregon University, Lithia Park, the Oregon Shakespeare Festival, and
numerous other community enterprises and improvements.
Historically the city center, the downtown began at the Plaza area and extended southeast
along East Main Street. Only about one-half mile long, the area now extends from the
intersection of Helman and North Main Streets on the northwest to the Ashland Library on the
southeast. It is approximately one-quarter mile wide and extends from Hargadine Street to "B"
Street. Main areas are the Plaza, including the entrance to Lithia Park and Guanajuato Way, the
Oregon Shakespeare Festival theaters, the East Main Street business district, the business
area around the Ashland Library, Lithia Way/"C" Street, the property surrounding the old armory,
and the Newbry property - the large vacant parcel of land bounded by the viaduct and by
Helman Commercial, and Water Streets, known as the Water Street Annex.
City of Ashland 4-33 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
Three large historic buildings will probably see more intense uses in the next twenty years - the
Masonic Lodge, the Elks Lodge, and the Mark Anthony Motel. Other buildings will undoubtedly
redevelop, and conformance with both the city's historic guidelines and the downtown
development criteria should insure that the developments are positive.
This downtown area is the employment center of the community, and in 1988 employed 25
percent of all city employees. Sixty-three percent of these were employed by restaurants, the
Oregon Shakespeare Festival, and retail businesses which cater primarily to tourists in the
summer months.
With 197 businesses, the downtown is also a thriving business center. The businesses are
diverse ranging from light manufacturing and auto repair to tourist gift shops and law offices.
Retail businesses comprise most of the square footage and are concentrated along Main Street.
Many of these retail businesses are specialty stores which attract consumers throughout
southern Oregon and northern California. Catering to the local tourist and regional markets has
preserved the downtown's economic vitality and health.
In addition to being the employment and business center, the downtown is also the community's
social and arts and entertainment center. Increased pedestrian amenities and bike paths have
encouraged residents and tourists alike to enjoy the downtown by foot or bicycle or simply by
sitting on the many benches and planters which have been furnished. The Oregon Shakespeare
Festival, several smaller theatres, nightclubs, and restaurants provide tourist and residents with
numerous opportunities for a pleasurable night out.
The combination of these factors - economic health, cultural artistic offerings, attractiveness,
location, and a pleasant pedestrian and bicycling environment - have endowed Ashland with
the attractive qualities of a tourist town and the advantages of being a real center for a rural
town.
There are, of course, some problems which exist as a result of growth and change. The major
problems which have been identified are:
Economic: The need to be less dependent on the tourist industry, particularly a single facet
of that sector - the Oregon Shakespeare Festival - and to promote growth in the retail and
services sectors, especially those that service the local, tourist, and regional markets.
Automobile and Traffic: Parking is a problem throughout the year, but particularly during
the peak tourist summer months. Although facts indicate that parking demand is not entirely
met by existing facilities, it may not be financially or environmentally wise to accommodate
the highest peak days. As traffic congestion continues to increase, the city and residents will
have to adapt to different traffic patterns and use alternative forms of transport in order to
alleviate the problem.
Pedestrian Traffic: The substantial increase in pedestrian traffic has spurred improvements
in pedestrian amenities such as benches, planter, and fountains to encourage pedestrian
flow through the length of the downtown. Ongoing renovation will be needed to help
accommodate the ever-growing number of people.
3. Background. The Downtown Design Standards were adopted by the City Council on August 7,
1998 (Ordinance No. 2825).
City of Ashland 4.34 Land Use Ordinance
18.4.2 Building Placement, Orientation, and Design
B. Applicability. Chapter 18.4.2.060 applies to all development within the Downtown Design
Standards overlay as shown in Figure 18.4.2.060.B.
J f✓ i~ r~~ r r - 1 ~ / ~ i` _.I--, sue`
r r
l
r /j I
1
Figure 18.4.2.060.6
Downtown Design Standards Overlay
C. Downtown Design Standards.
1. Height. Building height shall vary from adjacent buildings, using either stepped parapets or
slightly dissimilar overall height to maintain the traditional staggered streetscape appearance as
illustrated in Figures 18.4.2.060.0.1, 5, and 10. Avoid treatment shown in Figure 18.4.2.060.C.3.
An exception to this standard would be buildings that have a distinctive vertical division/fapade
treatment that visually separates it from adjacent buildings. Multi-story development is
encouraged in the downtown as illustrated in Figures 18.4.2.060.C 1, 5, 6, and 10.
City of Ashland 4-35 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
decorative parapet multiple
r,lightly 6urface
dioolmilar details add
roof Interest
height
tq---
clear "`visual" division
C-7)
re5identlal of ground level floor
or commercial id upper floor
uses above
first floor it I
ttryry r-
iC;.~ awnings
break at
' i pilasters
i
' I ! Mndow6
and doom
change are transparent
of material (glass)
at base
II.LU!3TKATION i
RECOMMENDED
Figure 18.4.2.060.0.1
2. Setback.
a. Except for arcades, alcoves, and other recessed features, building shall maintain a zero
setback from the sidewalk or property line as illustrated in Figures 18.4.2.060.C.2, 5, 6 and
10. Areas having public utility easements or similar restricting conditions shall be exempt
from this standard.
b. Ground level entries should be recessed from the public right-of-way and have detailing and
materials that create a sense of entry as illustrated in Figures 18.4.2.060.C.2, 5, 6, and 10.
Avoid treatment shown in Figure 18.4.2.060.C.3.
c. Recessed or projecting balconies, verandas, or other useable space above the ground level
on existing and new buildings shall not be incorporated in a street facing elevation. Avoid
treatments shown in Figure 18.4.2.060.C.4 and 7.
City of Ashland 4-36 band Use Ordinance
18-4.2 Building Placement, Orientation, and Design
"surface' detalls
for pedestrian
Interest (on private recessed
sidewalk area) entries
~i
4,
1 _ zero setback
_ - ' - - at property
line
public sidewalk
street trees
ILLU5TRRTION 2
RECOMMENDED
Figure 18.4.2.060.C.2
. m too much
height
no verClcal change from
break at - - - " adjacent
property buElding
line
Storefront &
# , _ upper story
does not
" reflect the
limited f"11111 &%lilt - - - traditional
ground floor - _ symmetry of
transparency r openings by
. .r•= - _ spacing,
rro 12a5c rhythm or
or change N - proportion
of material - -
ILLU5TK,ATION 3
AVOID
Figure 18.4.2.060.0.3
3. Width
a. The width of a building shall be extended from side lot line to side lot line as illustrated in
Figures 18.4.2.060.C.5. An exception to this standard would be an area specifically
designed as plaza space, courtyard space, dining space, or rear access for pedestrian
walkways.
b. Lots greater than 80 feet in width shall respect the traditional width of buildings in the
City of Ashland 4-37 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
downtown area by incorporating a rhythmic division of the facade in the building's design as
illustrated in Figures 18.4.2.060.C.5, and 10. Avoid treatment shown in Figure
18.4.2.060.C.3.
4. Openings
a. Ground level elevations facing a street shall maintain a consistent proportion of
transparency (i.e., windows) compatible with the pattern found in the downtown area as
illustrated in Figures 18.4.2.060.C.1, 5, 6, and 10.
b. Scale and proportion of altered or added building elements, such as the size and
relationship of new windows, doors, entrances, column, and other building features shall be
visually compatible with the original architectural character of the building as illustrated in
Figures 18.4.2.060.0.5 and 6. Avoid treatments shown in Figure 18.4.2.060.0.4 and 9.
c. Upper floor windows orientation shall primarily be vertical (height greater than width) as
illustrated in Figures 18.4.2.060.0.1, 5, and 6. Avoid treatment shown in Figure
18.4.2.060. C. 8.
d. Except for transom windows, windows shall not break the front plane of the building as
illustrated in Figure 18.4.2.060.C.5.
e. Ground level entry doors shall be primarily transparent as illustrated in Figures
18.4.2.060.C.10. Avoid treatment shown in Figure 18.4.2.060.0.4.
f. Windows and other features of interest to pedestrians such as decorative columns or
decorative corbelling shall be provided adjacent to the sidewalk as illustrated in Figures
18.4.2.060.C.1 and 5. Avoid treatments shown in Figure 18.4.2.060.C.4 and 7. Blank walls
adjacent to a public sidewalk are prohibited.
City of Ashland 4-38 Land Use Ordinance
18.4.2 Building Placement, Orientation, and Design
" horizontal proportlon and lack of
rhythm do not reflect the historic
structural o Stem of the existing building projecting
T-~111 oiling - undlolrable Fill balconies
exterior finish material MWXM are
covers existing prohibited
mezzanine window and
architectural details ;
inapropriate
materials
removal of
otorefront
no "sense windowo
of entry"
r~i . f base I5
too high
before after
AVOID ILLUSTRATION 4
Figure 18.4.2.060.C.4
"
prominent horizontal rhythms and clear visual clear vertical well defined cornice or cap
division between street level and upperfiooro divi5lon at
.-I property lin windows do
primarily I not break
vertical - the front
windows ..19..,._... EI plane of the
building
marquees are OK
to cross pila5ter -
leaves mezzanine
windoNrS exp 5ed J~ + ~ ( I I i . ' .
ede5trian j ' ~ ~ 3 ~ 4'
shelters t'
maintain
horizontal
rhythms
recccooed entrle5 create ILLU5TRATION 5
a "sense of or Inviting entry" RECOMMENDED
Figure 18.4.2.060.0.5
5, Horizontal Rhythms
a. Prominent horizontal lines at similar levels along the street's street front shall be maintained as
illustrated in Figures 18.4.2.060.0.1, 5, 8, and 10. Avoid treatments shown in Figure
18.4.2.060.C.4 and 8.
City of Ashland 4-39 Land Use Ordinance
1 8.4.2 - Building Placement, Orientation, and Design
b. A clear visual division shall be maintained between ground level floor and upper floors as
illustrated in Figures 18.4.2.060.0.1, 5, 6, and 10.
c. Buildings shall provide a foundation or base, typically from ground to the bottom of the lower
window sills, with changes in volume or material, in order to give the building a sense of
strength as illustrated in Figures 18.4.2.060.C.1, 5, and 10. Avoid treatments shown in Figure
18.4.2.060.0.4 and 8.
6. Vertical Rhythms
a. New construction or storefront remodels shall reflect a vertical orientation, either through actual
volumes or the use of surface details to divide large walls, so as to reflect the underlying historic
property lines as illustrated in Figures 18.4.2.060.C.5 and 6. Avoid treatment shown in Figure
18.4.2.060.C.3.
vertically porpor coned
windows at second and-----
third floors duo _ \
maintained architectural. well
detail and mezzanine defined
windows cornice
t !
maintained storefront or "cap"
transparency glass)
Kul
added
pedestrla n
' Shelter
before after
RECOMMENDED ILLUSTRATION (5-
Figure 18.4.2.060.0.6
b. Storefront remodeling or upper story additions shall reflect the traditional structural system of
the volume by matching the spacing and rhythm of historic openings and surface detailing as
illustrated in Figure 18.4.2.060.0.6. Avoid treatments shown in Figure 18.4.2.060.C.4 and 9.
7. Roof Forms. Sloped or residential style roof forms are discourage in the downtown area unless
visually screened from the right-of-way by either a parapet or a false front. The false front shall
incorporate and well defined cornice line or cap along all primary elevations as illustrated in Figures
18.4.2.060.C.1, 5, and 10. Avoid treatment shown in Figure 18.4.2.060.0.7.
City of Ashland 4-40 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
roof form i5
inconsistent with
pattern found in ;
the downtown
All
upper floor balcony
(recessed or projecting)
are prohibited
limited
store front baoe Ie'
windows too high
ILLUSTRATION 7
AVO11)
Figure 18.4.2.060.0.7
8. Materials
a. Exterior building materials shall consist of traditional building- materials found in the
downtown area including block, brick, painted wood, smooth stucco, or natural stone. Avoid
treatments shown in Figure 18.4.2.060.C.4 and 9.
b. In order to add visual interest, buildings are encouraged to incorporate complex paneled
exteriors with columns, framed bays, transoms, and windows to create multiple surface
levels as illustrated in Figures 18.4.2.060.C.1, 5, and 10. Avoid treatments shown in Figure
18.4.2.060.0.7, 8, and 9.
City of Ashland 4-41 Land Use Ordinance
1 8.4.2 - Building Placement, Orientation, and Design
no defined top or "cap"
windows do not no prominent reflecta horizontal
verticle alignment
orientation
"no continuity of
opening oize,
5paceing,
horizontal or
till verticle alignment
4~ bare 15 too
no "5enoe of high and not
or inviting entry" continiour-s
ILLU5TRATION 8
AVOID
Figure 18.4.2.060.C.8
9. Awnings, Marquees, or Similar Pedestrian Shelters
a. Awnings, marquees, or similar pedestrian shelters shall be proportionate to the building and
shall not obscure the building's architectural details. If mezzanine or transom windows exist,
awning placement shall be placed below the mezzanine or transom windows where feasible
as illustrated in Figures 18.4.2.060.C.1, 5, 6, and 10. Avoid treatments shown in Figures
18.4.2.060.C.4 and 9.
b. Except for marquees , similar pedestrian shelters such as awnings shall be placed between
pilasters as illustrated in Figures 18.4.2.060.C.1 and 5. Avoid treatment shown in Figure
18.4.2.060.C.9.
c. Sidewalk coverings along storefronts shall have prominent horizontal lines at similar levels
as illustrated in Figure 18.4.2.060.C.5. Avoid treatment shown in Figure 18.4.2.060.C.8.
10. Other
a. Non-street or alley facing elevations are less significant than street facing elevations. Rear
and sidewalls of buildings should therefore be fairly simple (e.g., wood, block, brick, stucco,
cast stone, masonry clad, with or without windows),
b. Visual integrity of the original building shall be maintained when altering or adding building
elements. This shall include such features as the vertical lines of columns, piers, the
horizontal definition of spandrels and cornices, and other primary structural and decorative
elements as illustrated in Figure 18.4.2.060.0.6. Avoid treatments shown in Figure
18.4.2.060.C.4 and 9.
City of Ashland 4-42 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
removal of cornice and
architectural details
` ' non-compatable
finish material
altered window
poportion
awning covers
mezzanine
windowo
-r--i_ ,
removal of
architectural
details
i
- no base
before after ILLUSTRATION 9
AVOID
Figure 18.4.2.060.C.9
c. Restoration, rehabilitation, or remodeling projects shall incorporate, whenever possible,
original design elements that were previously removed, remodeled, or covered over as
illustrated in Figure 18.4.2.060.C.6. Avoid treatments shown in Figure 18.4.2.060.0.4 and 9.
d. Parking lots adjacent to the pedestrian path are prohibited. An exception to this standard
would be paths required for handicapped accessibility.
e. Pedestrian amenities such as broad sidewalks, surface details on sidewalks, arcades,
alcoves, colonnades, porticoes, awnings, and sidewalk seating shall be provided where
possible and feasible.
f. Uses that are exclusively automotive such as service stations, drive-up windows, auto sales,
and tire stores are discouraged in the downtown. The City shall use its discretionary powers,
such as Conditional Use Permits, to deny new uses, although improvements to existing
facilities may be permitted.
City of Ashland 4-43 Land Use Ordinance
18.4.2 - Building Placement, Orientation, and Design
well defined "cap" simple details add Interest
Slightly dissimilar
roof height retail or
x balance of commercial
Symmetry with uses above
horizontal and first floor
vertical recall or
rhythms , office space
mezzanine
or transom
windows are i
not obstructed recessed
large storefront entries
windows are a create a
common pattern "sense of or
found in the - i i inviting
downtown ent '
RECOMMENDED ILLUSTRATION 10
Figure 18.4.2.060.C.10
11. Exception to Standards. An exception to the Downtown Design Standards may be granted
pursuant to 18.5.2.050.E Exception to the Site Development and Design Standards.
Figure 18.4.2.060.C.11
zero Setback this Small recessed balcony doc5 not dramatically
directly behind deviate from the downtwown'o existing context -the
Sidewalk I majority of the facade i5 at a zero Setback
. recessed
balcony l
I with front
building
facade having a
etback
"horizontal and I ,
vertical rhythrh!5
provide 5ymrnetry
l I1-1-1-15TRATION 11
(side profile) sidewalk EXAMPLE - P055IDLE EXCEPTION DE51GN
City of Ashland 4-44 Land Use Ordinance
9/23/2016 City of Ashland, Oregon - Municipal Code
2.24 Historic Commission
2.24.010 Established - Membership
There is established a Historic Commission which will consist of nine (9) voting members, and
certain non-voting ex officio members including the Chairperson of the Planning Commission, a
representative fiom the Ashland City Council, and a representative of the Ashland Building
Division. To qualify the Historic Commission as a Certified Local Government (CLG) Commission,
some of the members should meet the professional qualifications under State Historic Preservation
Office requirements.
(Ord 3003, 2010)
2.24.040 Powers and Duties - Generally
The powers, duties, and responsibilities of the Historic Commission shall be as follows:
A. To survey and recommend to the City Council, areas or properties of significant
historical value and interest to be designated historical properties;
B. To draft and recommend ordinances and other measures designed to protect and
foster interest in the improvement of designated historical properties; I
C. To review literature and sources of funding concerning the protection and
improvement of designated historic properties;
D. To review and make recommendations concerning the improvement of designated
historic properties in connection with the issuance of building permits, zone changes,
conditional use permits, variances, sign permits, and site reviews;
E. To review and recommend project applications for funding; a
F. To promote public support in the preservation of Ashland's historic past;
i
G. Advise citizens on aesthetic standards for historic areas.
(Ord 3010, 2010)
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912312016 City of Ashland, Oregon - Municipal Code
2.29 Public Art
2.29.005 Definitions
A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by
any means including direct purchase, commission or acceptance of a gift.
B. "Artwork" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acquired by the City by any means,
D. "Capital improvement program (CIP)" means the city' s program for advance planning of
capital improvements.
E. "City project" or "project" means any capital improvement project in an amount over
$25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public
building, decorative or commemorative public structure, sidewalk, or multi-use pathway
construction, park facility construction, or any portion thereof, within the limits of the city of
Ashland. "City project" or "project" does not include public utility improvements, (e.g.
electric, water, sewer, or stormwater), LID improvements, including but not limited to streets,
sidewalks and associated improvements, property acquisition, earth work, emergency work,
minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair
or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the
Council or responsible contracting officer may include any new city street or utility project
(limited to water, sewer and storm water projects) in an amount over $25,000 as a city project
under this article, by either vote of the Council or inclusion in the contract solicitation
documents prepared by the responsible contracting officer.
1
F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010,
consisting of seven members appointed by the mayor and confirmed by the Council.
G. "Eligible funds" means a source of funds for projects from which art is not precluded as an g
object of expenditure.
H. "Participating department" means the department that is subject to this article by its i
sponsorship of a city project.
i
I, "Percent for art" means the program established by this article to set aside a percentage of 1
the total cost of city projects for public art.
9
J. "Public art" means all forms of original works of art in any media that has been planned and
executed with the specified intention of being sited or staged on City Property or on property
owned or controlled by the City of Ashland, usually outside and accessible to the public.
K. "Public art account" means the city of Ashland public art account in the city budget
established by this article into which all moneys donated, appropriated or derived pursuant to
the percent for art program shall be deposited. Funds within the public art account shall be
utilized for the purposes outlined in this article.
y
L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the
removal and disposal through any available means, such as relinquishing title through sale,
gift or destruction. r
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M. "Selection Panel" means a group of individuals selected by the Commission that will
evaluate the proposals associated with a particular project in a public meeting.
N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art.
0. "Commercial Development Fee" means funds deposited by a commercial developer into
the Publie Art account when the developer prefers not to incorporate public art into the project
and follow the public art process for art acquisition and approval.
P. "Total cost" means the entire amount of the city' s financial contribution toward
construction and maintenance of a project. i
(Ord 3003, 2010)
2.29.100 Process for aquiring public art
A. General. The Public Art Commission will call for entries by issuing a request for proposal,
a request for qualification or by invitation. The call for entries will include specific guidelines
and criteria for the specific project. Every call for entry must comply with the City' s public
contracting rules.
1. Acquisition. Acquisition of public art will generally result from:
l
a. The commissioning or purchasing of a work of public art by the city using city
funds or donated funds, in accordance with public contracting laws and AMC
Chapter 2.50; or
4
b. An offer made to the city to accept a work of public art as a gift, donation, or
loan.
2. Removal. Removal of public art may be by request or owing to some damage or
destruction of the artwork.
B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of
art professionals and enthusiasts, residents near the proposed site, community members, and
city administrators will be chosen to evaluate the proposals received from artists. A different
selection panel shall be chosen for each project by the Commission after the following
notifications have been made:
1. An ad is placed in a newspaper of general circulation in the city,
a
2. Postcards are sent out to all property owners located within 300 feet of the proposed
site, and
3. A notice is placed on the city' s website.
The Commission shall pick the Selection Panel by examining applications received from
interested parties.
C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set
forth in the call for entries will be given to the Selection Panel for review. The proposals for
acquisition shall be evaluated based upon criteria set forth in the call for entries at a public
meeting. The Selection Panel will evaluate the proposals and make a recommendation to the
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9/2312016 City of Ashland, Oregon -Municipal Code
Public Art Commission regarding which proposals to accept. The Commission shall forward
that recommendation to the City Council for final selection. This ordinance does not exclude
land use approval processes when required for the use or structure.
D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B), neither the
Council nor the Commission is bound to follow any particular process for removal and
disposal of art in the Ashland Public Art Collection.
(Ord 3003, 2010)
2.29.110 Review process for gifts or donations i
The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public
Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the
city and the Ashland Public Art Collection on its own motion or upon a recommendation by the
Commission based on its own evaluation, or by recommendation of the Commission after the
Selection Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the total cost
over the life of the artwork.
administered by the city in accordance with its terms. Funds donated
All art works or fiends shall be y ty to the Commission shall be placed in a special account to be used exclusively for the purposes of the
Commission or as designated by the donor. Funds in this account may only be expended after they
have been properly budgeted or approved by the city.
(Ord 3003, 2010) 1
2.29.120 Public Art on Private Property
l
Before public art can be placed on private property the Commission shall determine whether the site
is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to
be appropriate for public art, the City shall secure authorization to use and access the private
1
property where the public art will be located before the acquisition process for public art is initiated. t
There shall be a written agreement or legal instrument, granting the City permission and control of
the property so that the property can be used for public art purposes, including access for
installation, maintenance and removal of the artwork. Public art can then be acquired for placement
on private property by following the process for:
6
A. Acquisition in AMC 2.29.100, or
3
B. Gifts and donations in AMC 2.29.110.
;
(Ord 3003, 2010)
9
5
7
q~
7
2.29.130 Guidelines for recommendation by the Commission
A. Selection Guidelines for Works of Public Art.
1. Quality. The artwork should be of exceptional quality and enduring value.
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2. Site. The at-twork should enhance the existing character of the site by taking into
account scale, color, material, texture, content, and the social dynamics of the location.
3. History and Context. The artwork should consider the historical, geographical, and
cultural features of the site, as well as the relationship to the existing architecture and
landscaping of the site.
4. Initial Cost. The total cost of the artwork, including all items related to its
installation, should be considered.
5. Maintenance and Durability. The durability and cost to maintain the artwork should
be considered and quantified, particularly if the work is servicing, repainting, repairing
~
or replacement of moving parts.
6. Permanence. Both temporary and permanent art works shall be considered.
7. Media. All forms of visual media shall be considered, subject to any requirements set
forth by city ordinance.
8. Public Liability. The artwork should not result in safety hazards, nor cause
extraordinary liability to the city.
9. Diversity. The artwork in the Ashland Public Art Collection should encourage
cultural diversity.
10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or
~
nearby businesses.
11. Compliance. Artworks shall not violate any federal, state, or local laws, including
specifically AMC Chapter 18.96. r
H
B. Guidelines for Site Selection.
1. Ownership or Control. Public art should be placed on a site owned or controlled by
the city, or there should be a written agreement or legal instrument, granting the City a
permission to use the property for public art purposes, including access for installation,
maintenance and removal.
2. Visual Accessibility. Public art should be easily visible and accessible to the public.
x
3. Visual Enhancement. Public art should visually enhance the overall public 1
s
environment and pedestrian streetscape. a
4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic
and be part of the city' s circulation paths.
y
5. Circulation. Public art should not block windows, entranceways, roadways or
obstruct normal pedestrian circulation or vehicle traffic.
}
6. Scale. Public art should not be placed in a site where it is overwhelmed or competing
with the scale of the site, adjacent architecture, large signage, billboards, etc.
1
1
(Ord 3003, 2010)
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9/2312416 City of Ashland, Oregon - Municipal Code
2.29.140 Standards for the Ashland Public Art Collection
A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition
of artworks.
1. Artworks may be acquired by direct purchase, commission, gift or any other means,
2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur
by a legal instrument of conveyance or other writing transferring title of the artwork to
the City and clearly defining the rights and responsibilities of all parties.
3. The city shall obtain the rights of ownership and possession without legal or ethical
restrictions on the future use of the artwork upon final acceptance of the artwork, except
where expressly provided in the contract with the artist. The artists shall retain all rights
and interests in the artwork except for the rights of ownership and possession.
f
4. The City shall only acquire artworks if. 1) the artist warrants that he will not make a
duplicate of the artwork, or permit others to do so, without written permission by the
City, and 2) the artist gives permission to the City to make a two-dimensional
reproductions as long as all such reproductions provide the copyright symbol, name of
the artist, title of the artwork, and the date of completion.
5. Complete records, including contracts with artists, shall be created and maintained 5
for all artworks in the Ashland Public Art Collection.
}
B. Removal, I
1. The Commission may recommend removal and/or disposal based on one or more of
the following conditions. No public hearing is required for a removal recommendation.
a. The site for an artwork has become inappropriate because the site is no longer
accessible to the public or the physical site is to be destroyed or significantly
altered.
b. The artwork is found to be forged or counterfeit.
e
i
c. The artwork possesses substantial demonstrated faults of design or
workmanship.
d. The artwork causes excessive or unreasonable maintenance.
e. The artwork is damaged irreparably, or so severely that repair is impractical.
f. The artwork presents a physical threat to public safety.
g. The artwork is rarely displayed.
h. A written request for removal has been received from the artist.
2. Council Removal Process.
3
a. On its own motion, or following receipt of a recommendation from the
Commission the Council may remove and dispose of any artwork previously
accepted into the Ashland Public Art Collection in their sole discretion.
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9123/2016 City of Ashland, Oregon - Municipal Code
b. Acceptance or placement of donated art by the city does not guarantee
continuous public display of the artwork regardless of physical integrity, identity,
authenticity, or physical condition of the site.
c. Removal officially deletes the work from the city of Ashland Public Art
Collection by a relinquishment of title to the artwork; thus, eliminating the city' s
obligation to maintain and preserve the artwork.
d. Notwithstanding the above, Artwork shall be disposed of in accordance with
any specific terms for removal and disposal set forth in the contract with the
Artist.
3. Removal and Disposal.
a. The city may donate the artwork to another governmental entity or a nonprofit
organization.
b. A work that is deemed to have retained sufficient monetary value to warrant
resale, shall be disposed of through a public sale, auction, or any other means as
established by city ordinance.
c. Artworks removed fiom the Ashland Public Art Collection may be disposed of
through any appropriate means, including the city' s procedures for the
disposition of surplus property.
C. Borrowing of Artworks.
1. The Commission may also recommend artworks be borrowed.
2. With the exception of ownership, the eligibility, review criteria, and procedure for
bon-owed works shall be the same as those established in this article for acquisition.
1
3. The borrowing of artworks shall be pursuant to written agreement between the city
and the artist.
4. Nothing herein prohibits the city from securing other works of art or art exhibitions
for display inside its facilities.
s
(Ord 3003, 2010)
2.29.150 Maintenance of the Ashland Public Art Collection a
a
A. Except where expressly provided in a contract or warranty for public art the city shall be
responsible for all maintenance of all artworks in the Ashland Public Art Collection.
i
g
B. Within the limitation of the city budget the city shall provide necessary and appropriate
k
maintenance of the Ashland Public Art Collection, including, but not limited to, regular
custodial care and landscape maintenance. Maintenance shall be performed in accordance
with any special instructions or procedures necessary for the preservation of the work.
3
C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland
Public Art Collection shall be immediately reported to the appropriate City Department. City 1
i
staff shall keep the Commission and Council informed of damage to City property.
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9/2312016 City of Ashland, Oregon - Municipal Code
(Ord 3003, 2010)
2.29.160 Parks Commission
The standards and procedures in this article are in addition to, not in derogation of, the Ashland
parks commission review responsibilities for projects proposed in city parks. Nothing herein `
exempts public art projects from compliance with all applicable federal, state, and local laws
including, but not limited to, land development regulations and building code compliance.
F
(Ord 3003, 2010)
2.29.170 Development of guidelines ,
The Commission shall have the ability to establish further guidelines concerning its operations; `
however, only the criteria and processes of this ordinance will be legally binding.
(Ord 3003, 2010)
2.29.180 Creation, funding and use of Ashland public art account
A. Establishment. The Council hereby establishes a separate account entitled the Ashland
public art account to be reflected in the city budget. All funds donated, appropriated or
generated for the purpose of public art acquisition and education shall be deposited in this
account and used solely for such purposes, in accordance with this article and other applicable
law. Funds generated pursuant to the Commercial Development Fee in lieu established in
Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24,
and the Percent for Art dedication in this section shall all be deposited into the Ashland Public
Art Account.
B. Permitted Purposes of Public A.rt Account. The public art account shall be used solely for
the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland 1
Public Art Collection and for art education purposes, such as community outreach
presentations and workshops, in accordance with the provisions of this article and other
applicable law.
C. Requirement for Dedication of a Percent for Art. Any city official or employee who
authorizes or appropriates expenditures on behalf of a participating department for a city t
project shall, to the degree that there are eligible funds, include within the budget for the
project a monetary contribution for the public art account equal to one-half percent (0.5%) of
the total cost of the project.
f
1. One-half percent (0.5%) of the total cost of a qualifying city project shall be
dedicated to the public art account. Such funds shall be deposited into the public art
account by the city official or employee acting on behalf of the participating department
no earlier than the time that budgeted funds are encumbered for construction of the city
project and no later than final inspection of the completed city project.
3
2. The participating department shall consider the siting of public art as part of the
design and engineering phase of any city project. If costs are incurred by the
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9!2312016 City of Ashland Oregon - Municipal Code
participating department to comply with this article requirement prior to transfer of the
one-half percent (.5%) dedication for the city project to the public art account, the
participating department may deduct such costs (not to exceed one-half percent) from
the one-half percent (.5%) dedication at the time such funds are transferred.
D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that
preclude public ail as an object for expenditure, the portion of the city project that is funded
with the restricted funds shall be exempt from the dedication requirements of this article.
E. Phased Projects. As a general rule, where a city project will be constructed in phases, the
one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of
the city project at the time that funds for the phase are appropriated and encumbered.
However, nothing in this section prevents the Council from deciding to hold or set aside all or
part of the entire dedication from the funds of a particular phase, as the Council deems
appropriate. In determining when to hold or set aside the funds for a phased project, the city
will consider an overall public art plan for the project to ensure that art is not located on a
piecemeal basis with phase construction.
F. Monetary contributions for public art shall be deposited in separate accounts within the
public art account if separate accounting is deemed appropriate by the Administrative
Services Director (Finance) or is required by law.
s
G. Monetary contributions or appropriations made other than through the percent for art
program shall be deposited in the public art account and may be dedicated to or earmarked for
a specific education program or work of art, subject to acceptance by the Council.
H. Disbursements from the public art account shall be made only after authorization of the
City Administrator or the Administrative Services Director (Finance), and shall be made
according to this article and other applicable city ordinances, including but not limited to the
public contracting code (AMC Chapter 2.50).
g..
f
1. The Council may adopt by resolution case specific waivers or guidelines for administration
of the percent for art program, including case-by-case waivers of the required dedication set
forth herein based on the availability of public funds, as well as any other matters not
specifically addressed herein and appropriate or necessary to the administration of the
S
program.
(Ord 3003, 2010) 1
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http:/twww.ashiand.or.us/CodePrint.asp?Branch=True&CodelD=3868 8!8
Guanajuato Mural Approval Process
Staff Liason
Ann Seltzer
Applications
Mural Package
Building Owner
Easement
Public Arts Commission
(2 meetings)
Staff Liason
Ann Seltzer
Mayor
Parks Dept Lithia Artists
Parks Commission
Planning Department Building Department
City Attorney
"r_• ^,~,-ii_ata❑ ConferL:ce
Stag n.'t:err (c as ds,>>;
AprGcanthasISO'hr5to " PrC-'dC the riBuilding Owners
l ir.ta;maticn.
Historic Commission & Homeowners
Tlctiu of Compl to Agpi cat on (within 200 feet)
for pubLr cu !37--fit -
s:~ p~cis;on - , Tenants:
Restaurants,
H ~os~ atia~ Shops, Offices
t.'atic~+ of Dzusfon {t}_C).O-} }
Building Owners
SUIT U-; ,nLpfOpr'f;'~D:,'fC:S t & Homeowners
f - - -.t (within 200 feet)
finaf L d "'S' - Others
City Attorney Amigo Club
Ashland City Council
Public Arts Commission
(Oversight, 3 Reviews, Final Approval)
J Y Type i - Site Development Review
Pre Application Conference A pre-application conference is required and valid
} "Pre-App" ($131) for six months. Conferences are Wednesday
afternoons, as available, and must be scheduled at
least two weeks in advance.
Submit Application
Staff Review 30 days) Pees must be paid upon submission of the application.
Planning staff review the application and determine if it
if complete... If incomplete... is complete and inform the applicant within 30 days of
Day 1 - - submittal. (See LUO 18_S.1.090)
Q Applicant has 280 days to
} provide the missing
_Q 4f, information.
Within ten days of completeness determination,
' Notice o Complete Application written notice will be mailed to the applicant, owners
(N.O.C.A.) of the property, and property owners within 200 feet
Ln Day 10-24 wiled and posted of the property. A clearly visible notice will be posted
Allows 14 days for public comment on the property by City staff. These notices allows 24
1 days for the submission of written comments- (See
y LUO 18.5.1.050.s.)
Staff Decision
r\j Day 30-45 Approve, conditionally 6 f~
approve or deny Within 45 of a completeness determination, but not
less than 20 days after the N.O.C.A., a decision is
_!Z J Reconsideration
made. Within S days of the decision, the City will
mail notice of the decision (N.O.D.) to the applicant,
Notice of Decision (N.O.D.) owner and occupants of the property and any group
a, Day 30-50 - Applicant, Owners & Occupant or individual who submitted written comments.
Surrounding property owners Planning Director can reconsider a decision pursuant
U - Those who commented to LUO 18.5.1.050.C & D.
v
0
a Day 43-63 Decision is final 12 days after N.O.D., unless there is
Decision is final 22 days an appeal. An appeal must be requested within 11
Decision days of N.O.D. with an appeal fee of $150. Appeals
after N.O.D. (unless appealed
are heard by the Planning Commission at the next
regular Planning Commission meeting, which is the
final decision of the City for Type 1's. Further
Hearing before the appeals are to the State Land Use Board of Appeals
Planning Commission. (LUBA). (See LUO 18.5.1.050.G)
Portland !Mural Approval Process
(if in a designated Historic district)
Regional Arts and Culture ~-----~On-line Application
Council
(One member of Portland
Historic Commission included)
If approved, matching funds
available up to $15,000
CITY OF
ASHLAND
Memo
DATE: October 12, 2016
TO: Ashland Mayor and City Council
FROM: Ashland Historic Commission
RE: Proposed amendments to review process for public art installations on historic
contributing buildings
The Historic Commission reviewed and discussed the proposed amendments to the review process for
public art installations on historic contributing or individually listed buildings at the October 5, 2016
meeting. The Commission appreciates the City Council's interest in maintaining the City's historic
preservation program while integrating public art into the historic districts.
The Historic Commission's preferred solution is to maintain the review of changes to the exterior of
historic contributing or individually listed buildings involving public art installations in the land use
process. The Oregon Statewide Planning Program requires local governments to adopt programs to protect
historic resources. In addition, historic resources that are listed on the National Register of Historic Places
are identified as historic resources of statewide significance and given the highest level of protection.
Ashland's four historic districts, Downtown, Railroad Addition, Skidmore Academy and Siskiyou-
Hargadine, were listed on the National Register of Historic Places from 1999-2001.
The Historic Commission believes that the structure of the land use process works well to protect
Ashland's inventoried historic resources in large part because of the opportunities for public input and
application of approval criteria. The noticing process, the public hearing at the Historic Commission and
the ability to request a public hearing at the Planning Commission ensures that interested community
members have the chance to comment in a fashion that is focused on the preservation of the historic
building. Additionally, the land use process requirement to apply approval criteria in a systematic manner
focuses the review on maintaining the significant architectural features of historic contributing buildings
and the character of the historic districts, rather than involving an evaluation of the public art proposal.
The Historic Commission supports the inclusion of a set of public art installation standards for historic
buildings in the land use ordinance as suggested in the attached staff memo.
The Historic Commission's second choice would be to create a new review process for public art
installations on historic contributing or individually listed buildings. Again, the Commission suggests the
inclusion of revised approval criteria so that the impact to historic buildings are systematically evaluated
and the City's responsibility to protect historic resources of statewide significance are fulfilled. While the
existing process for acquiring public art in AMC 2.29. 100 does not currently include a public notice or
explicitly require a public hearing, it does appear the intent of the proposed amendments is to include a
noticing and hearing process similar to a Type I land use application review process.
IL411
Page 2 of 2
The Historic Commission identified several concerns with the draft amendments included the references
to the land use ordinance in AMC 2.24.060.A and C, the role of the Historic Commission comments in
the decision making process, and the effect of the compression of the decision making process to 30 days.
If a new review process is created outside of the land use ordinance, the Commission suggests locating
the revised evaluation criteria and public involvement process within the new process, rather than
referencing the building design and Type 1 noticing sections of the land use ordinance. This would make
the process more understandable and eliminate any question of whether referencing sections of the land
use ordinance would trigger the land use process.
The Historic Commission is accustomed to advising the decision maker, such as the Staff Advisor,
Planning Commission or City Council, in regards to buildings in the historic districts. The Commission
suggests fashioning the new process so that advisory commissions (i.e., Historic Commission, Public Arts
Commission) make recommendations directly to the City Council.
Finally, the Commission expressed concern about reducing the time frame from a maximum of 120 days
under the land use process to 30 days under the new process. Specifically, the concern was the effect on
public involvement and ability of the average person to learn about and participate in the process in this
time frame. The applications for the murals on the historic contributing buildings located at 27 Second St.
and 5 N. Main St. were processed and approved within the 45-day time period required for Type I planning
applications.
Thank you for the opportunity to review and make comments on the proposed ordinance amendments
involving historic contributing and individually listed buildings. The Historic Commission requests that
the ordinance amendments move forward as one complete package and include a set of specific evaluation
criteria to assess potential impacts associated with placement of public art on historic structures. The
Commission would appreciate additional time to further develop the evaluation criteria.
ATTACHMENTS
October 5, 2016 Historic Commission packet
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
October 5, 2016
Historic Commission Packet
C:~
CITY OF
ASHLAND
me[ I lu
DATE: 9/28/2016
TO: Ashland Historic Commission
FROM: Maria Harris, Planning Manager '
RE: Review process and standards for public art installed on historic contributing buildings
SUMMARY
The City Council is scheduled to discuss mural guidelines at the October 3, 2016 study session and to
review proposed ordinance changes regarding the review process for public art installed on the exterior
of a historic contributing or individually listed structure at the October 18, 2016 meeting. Specifically,
the proposed ordinance changes include removing review of public art installations on historic
contributing buildings from the land use process and adding a review process to the Historic
Commission and Public Art sections of the Ashland Municipal Code (AMC).
Concerns about the land use process were raised during the planning application review for the
installation of the mural on the historic contributing building located at 5 N. Main St. [Wietzel's
(Parkview) Department Store]. The City Council reviewed the item at the June 20, 2016 study session
and concerns were raised about the current ordinance adding complexity to the process, the application
fee and potential for an appeal as part of the land use process. The Council asked that the Historic and
Public Arts Commissions review the concerns and make recommendations to address the issues.
BACKGROUND
The land use ordinance was amended in 2009 to require Site Design Review of the installation of public
art on the exterior of a historic contributing or individually listed structure. At the time, there was a
proposal to install a series of panels to the City Hall building, which is identified as a primary
contributing structure in the Downtown Historic District. Later, the public art installation was located on
Siskiyou Boulevard and attached to the retaining wall in front of the Ashland Public Library. At the
time, the concept of attaching or altering the exterior of a historic building was new to the community.
Through the course of discussion regarding the City Hall proposal, the lack of a review process and
standards to address the impacts to historic contributing structures was identified.
The Oregon Statewide Planning Program under Goal 5: Natural Resources, Scenic and Historic Areas,
and Open Spaces requires local governments to adopt programs to protect historic resources for present
and future generations and require local jurisdictions to adopt policies and ordinance provisions which
ensure preservation of the inventoried resource sites. Ashland's four historic districts, Downtown,
Railroad Addition, Skidmore Academy and Siskiyou-Harradine, were included in the Ashland
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
,,.ashland.or.us
Comprehensive Plan in 1982 and inventoried shortly after that. Later, the inventories were updated
from 1999-2001 as part of the process of listing the districts on the National Register of Historic Places.
Additionally, the City of Ashland became a Certified Local Government (CLG) in 2000. The CLG
program is a federal program that is designed to promote historic preservation at the local level.
Participating communities are eligible to apply for grants from the CLG program and in return agree to
establish a historic preservation commission and pass a preservation ordinance that outlines how local
government will address historic preservation issues.
Staff reviewed the standards in several cities in Oregon for public art alterations of the exterior of
structures in historic districts. Most of the language addresses murals that are either painted on a
building or painted on panels affixed to a building. The results are summarized in the table below.
City Public Art Allowed on Historic Notes
Contributing Buildings
Portland No (murals) Murals permitted on noncontributing
buildings in historic districts
Murals on noncontributing buildings are
not permitted on street-facing wall in
Central City, unless building is more
than 20 feet away from the street
Salem No (murals) Murals also prohibited on historic
noncontributing buildings
Murals permitted on nonhistoric,
noncontributing buildings in historic
districts
Murals not permitted on a building
fagade in historic districts
Milwaukie No (murals) Murals permitted on noncontributing
buildings in historic districts.
PROPOSED ORDINANCE AMENDMENTS
Staff reviewed the proposed ordinance amendments and recommends developing a set of evaluation
criteria for public art installation proposed to the exterior of historic contributing structures.
Additionally, staff recommends locating the evaluation criteria with the new process in AMC Title 2
rather than in AMC Title 18 Land Use.
The current draft refers to the Building Placement, Orientation, and Design Standards in AMC Chapter
18.4.2. While the standards in AMC 18.4.2 address significant and character--defining architectural
features of a building, a more specific set of standards could be tailored to address the potential impact
of a change to the exterior of a historic contributing structure through the installation of public art. In
addition, there is some question whether referencing a portion of Title 18 Land Use as part of the review
process would trigger a land use review process. Locating the evaluation criteria with the new process
would eliminate this ambiguity and at the same time make the process more understandable and
approachable for the average person.
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.onus
The purpose of the evaluation criteria for a public art installation to the exterior of historic contributing
structures is to ensure that the physical character of the historic district is preserved through additional
public oversight, while still supporting artistic and creative expression found in public art. Specifically,
the criteria should focus on assessing the degree to which the public art installation covers or detracts
from significant or character-defining architectural features of a historic contributing building.
The following list of evaluation criteria is drawn from the historic preservation and public art standards
from other Oregon cities. A set of criteria could be used to evaluate a proposal to install public art on the
exterior of a structure listed on the National Register of Historic Places or to a contributing property
located within a Historic District on the National Register of Historic Places. The assumption is that the
definition of public art would also include murals. The information is presented for discussion put-poses.
A. Location
1. The location of public art on the building should not cover or detract from significant or
character-defining architectural features.
2. Public art may not be located on the street-facing wall of a building or a primary building
facade with a main public entrance.
3. The number of murals per block face should be limited to discourage visual clutter.
4. Historically significant murals (including historic advertisements) may not be painted over,
even if faded.
B. Design & Materials
1. The scale of the public art should be appropriate to the building and the site.
2. The installation of a public art should complement and enhance the building and be
incorporated architecturally into the fagade.
3. Public art shall not be installed or painted in a fashion that obscures architectural features
such as windows, doors, pilasters, cornices, window, door or other building trim, feature
bands and other recessed or projecting features.
4. The visual integrity of the historic building shall be maintained when installing public art to
the exterior. This shall include such features as prominent vertical and horizontal lines
created by architectural features such as columns, posts, piers windows, doors, lintels,
windowsills, feature bands, the foundation, base or other recessed or projecting features.
5. Murals are permitted only on the flat planes of walls.
6. The top of the mural may be no higher than the floor level of the third floor for projects on
buildings greater than two stories.
7. Murals are not allowed on wails made of stone or unpainted brick.
8. Paint utilized should be intended for exterior use and of superior quality which will not
corrode or compromise the integrity of the material to which it is applied.
9. Reflective, neon and fluorescent paints should not be used.
10. If a public art installation includes any changes to a building exterior that would otherwise
require Site Design Review as described in AMC 18.5.2, those changes must be approved
through Site Design Review prior to approval of the public art installation. Examples include
a new wall material, lighting, extensions of the mural above the existing height of the
building, etc.
ATTACHMENTS
1. Proposed Ordinance Changes
Department of Community Development Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
2. Minutes for the Study Session, Ashland City Council, June 20, 2016
3. AMC 2.24 Historic Commission
4. AMC 2.29 Public Art
5. Ordinance 2984, An Ordinance Amending the Ashland Land Use Ordinance, Site Design and Use
Standards Concerning Public Art on Historic Structures
Department of Community Development Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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9/23/2016 City of Ashland, Oregon- Agendas And Minutes
City of Ashland, Oregon / Ci!y Council
City Council - Minutes ViewAgenda~
Monday, June 20, 2016
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, June 20, 2016
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room.
Councilor Rosenthal, Marsh, Seffinger, Morris, Lemhouse, and Voisin were present.
1. Public Input
Huelz Gutcheon/2253 Hwy 99/Explained solutions to climate change were
predominantly solar panels on roofs and electric cars. Recent technology would
reduce one hundred years of testing to just six months. China constructed one
hundred solar panel factories that cut the cost by a quarter.
Barry Thaldon/550 Ashland Loop/Addressed the public art process currently in
place. He supported removing public art from the planning requirement for Type 1
review. With public art, intentions came first and ordinance and policies followed.
Council needed to determine their intention regarding public art. The current policies,
guidelines, and ordinances discouraged public art. He submitted a document into the
record of the process he went through with the Calle Guanajuato mural and noted the
City of Portland's public art process.
The process for the Calle Guanajuato mural required several commission and agency
reviews where each had approval authority. The approval process was tenuous and
anyone from the specific commissions involved, the City, or neighbors could object.
Bernie Biedak/911 Beach Street/Came to Ashland in 1970 and was the one
responsible for bringing in the people who created businesses that made the town so
successful. He expressed his issues with the Public Arts Commission, the gateway art
project, the plaza, and the use of taxpayers' money. He felt he owned it all. He was
upset with the way his money was being spent, and extremely displeased with the
choices made regarding public art.
2. Look Ahead review
Administrative Services Director Lee Tuneberg reviewed items on the Look Ahead.
3. Continued discussion of planning for City Hall replacement
Public Works Project Manager Kaylea Kathol, Dana Ing-Crawford, and Ken Ogden
from Ogden Roemer Wilkerson Architecture (ORW) explained there were three
potential options to replace City Hall. One would vertically expand the existing site
retaining the historic fagade or building a new building on the site. The second would
vertically expand the Community Development building and the third was a new
building in the Lithia Way parking lot with parking underneath. They were soliciting
feedback from Council regarding general design priorities with the understanding it
was early in the process. Alternately, Council could forward design requests to Ms.
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Kathol.
Council suggested adding (Correction to minutes made 7-19-2016 changing LED
to LEED), solar potential to design priorities and wanted to know the cost to have the
building be Earth Advantage Zero Energy ready. Other comments were interested in
using the available footprint, consolidating staff, and balancing public accessibility with
staff safety. Opposing comments preferred a high-level LEED equivalent and
questioned the ability to have a four-story building have enough solar access for Earth
Advantage. Another comment wanted the building able to withstand an earthquake
prior to adding options. Council also wanted public input with an update from the
project team before September.
ORW described how they would solicit feedback from the community through an open
house, social media, the utility billing mailer, city website, and other avenues. The City
Administrator would get information on the current building and possible restrictions,
moving or selling costs and the revisionary clause.
Council concerns included the community perception, energy efficiency, and
accessibility. ORW would use a consensus building approach so the community
understood the need to create safe and functional facilities. Other concerns noted it
was an election year and the Council could have new councilors with different opinions
regarding the option for City Hall.
4. Proposed changes related to public art in Chapter 18
Management Analyst Ann Seltzer explained removing the public art portion from the
site design review process in Chapter 18 Land Use of the Ashland Municipal Code
(AMC) would no longer make it subject to the legal parameters required for
development. It would also remove the appeal process. These requirements
pertained to development and not public art. Staff suggested adding a review by city
commissions to AMC 2.29 Public Art. This change would continue to provide the
Historic Commission with oversight regarding public art on structures listed in the
National Register and contributing properties in a historic district. Staff also suggested
waiving the fee through the Miscellaneous Fees and Charges resolution. City Attorney
Dave Lohman clarified appeals in Chapter 18 went through the Land Use Board of
Appeals (LUBA) and the state did not deem public art as part of land use. There
would have to be criteria or a procedural objection in order for a citizen to object to the
mural recently painted on the Calle Guanajuato. Council was interested in adding
guidelines on murals to AMC 2.29.
The Historic Commission's review of public art would remain the same. What would
change were recommendations that currently went to staff and the Planning
Commission under site design review would now go to the Public Arts Commission
and the Council instead.
Historic Commission Chair Dale Shostrom read from the Comprehensive Plan
regarding the Historic Commission's responsibility to protect the heritage of the
buildings, landscapes, and streetscapes. He clarified landscapes and streetscape
were currently not part of the Historic Commission's purview. The code required
Historic Commission review of art installations attached to historic buildings or
contributing properties. He thought the ordinance should expand to include review of
all public art proposed in historic districts using mass, scale, materials, and location as
criteria for recommendations. The Commission's review should occur early in the
process as it had with the Theater Corridor art project. He also thought the cost
estimate for City Hall replacement should include an intermediary option that was less
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extensive than a complete rebuild and reside within the existing north and east walls.
The Historic Commission wanted to retain public art in the site design review with
possible modifications. They did very little with the Findings and had no opinion on
requiring them.
Both the Historic Commission and Public Arts Commission were agreeable to having
the Public Arts Commission discuss projects before the solicitation process began with
the Historic Commission.
Council, staff, and Chair Shostrom discussed the possibility of moving review of public
art out of site design. review and placing it in another section of Chapter 18 or
strengthening Chapter 2.29. The appeals process appeared to be in the wrong
section of the code. Staff could limit the appeals process and possibly add it under
Chapter 2.29.
Meeting adjourned at 7:28 p.m.
Respectfully
submitted,
Dana Smith
Assistant to the City Recorder
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2.24 Historic Commission
2.24.010 Established - Membership
There is established a Historic Commission which will consist of nine (9) voting members, and
certain non-voting ex officio members including the Chairperson of the Planning Commission, a
representative from the Ashland City Council, and a representative of the Ashland Building
Division. To qualify the Historic Commission as a Certified Local Government (CLG) Commission,
some of the members should meet the professional qualifications under State Historic Preservation
Office requirements.
(Ord 3003, 2010)
2.24.040 Powers and Duties - Generally
The powers, duties, and responsibilities of the Historic Commission shall be as follows:
A. To survey and recommend to the City Council, areas or properties of significant
historical value and interest to be designated historical properties;
B. To draft and recommend ordinances and other measures designed to protect and
foster interest in the improvement of designated historical properties;
C. To review literature and sources of funding concerning the protection and
improvement of designated historic properties;
D. To review and make recommendations concerning the improvement of designated
historic properties in connection with the issuance of building permits, zone changes,
conditional use permits, variances, sign permits, and site reviews;
E. To review and recommend project applications for funding;
F. To promote public support in the preservation of Ashland's historic past;
G. Advise citizens on aesthetic standards for historic areas.
(Ord 3010, 2010)
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2.29 Public Art
2.29.005 Definitions
A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by
any means including direct purchase, commission or acceptance of a gift.
B. "Artwork-" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acquired by the City by any means.
D. "Capital improvement program (CIP)" means the city' s program for advance planning of
capital improvements.
E. "City project" or "project" means any capital improvement project in an amount over
$25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public
building, decorative or commemorative public structure, sidewalk, or multi-use pathway
construction, park facility construction, or any portion thereof, within the limits of the city of
Ashland. "City project" or "project" does not include public utility improvements, (e.g.
electric, water, sewer, or storrnwater), LID improvements, including but not limited to streets,
sidewalks and associated improvements, property acquisition, earth work, emergency work,
minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair
or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the
Council or responsible contracting officer may include any new city street or utility project
(limited to water, sewer and storm water projects) in an amount over $25,000 as a city project
under this article, by either vote of the Council or inclusion in the contract solicitation
documents prepared by the responsible contracting officer.
F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010,
consisting of seven members appointed by the mayor and confirmed by the Council.
G. "Eligible funds" means a source of fiends for projects from which art is not precluded as an
object of expenditure.
H. "Participating department" means the department that is subject to this article by its
sponsorship of a city project.
1. "Percent for art" means the program established by this article to set aside a percentage of
the total cost of city projects for public art.
J. "Public art" means all forms of original works of art in any media that has been planned and
executed with the specified intention of being sited or staged on City Property or on property
owned or controlled by the City of Ashland, usually outside and accessible to the public.
K. "Public art account" means the city of Ashland public art account in the city budget
established by this article into which all moneys donated, appropriated or derived pursuant to
the percent for art program shall be deposited. Funds within the public art account shall be
utilized for the purposes outlined in this article.
L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the
removal and disposal through any available means, such as relinquishing title through sale,
gift or destruction.
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M. "Selection Panel" means a group of individuals selected by the Commission that will
evaluate the proposals associated with a particular project in a public meeting.
N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art.
0. "Commercial Development Fee" means funds deposited by a cominercial developer into
the Public Art account when the developer prefers not to incorporate public art into the project
and follow the public art process for art acquisition and approval.
P. "Total cost" means the entire amount of the city' s financial contribution toward
construction and maintenance of a project.
(Ord 3003, 2010)
2.29.100 Process for squiring public art
A. General. The Public Art Commission will call for entries by issuing a request for proposal,
a request for qualification or by invitation. The call for entries will include specific guidelines
and criteria for the specific project. Every call for entry must comply with the City' s public
contracting rules.
1. Acquisition. Acquisition of public art will generally result from:
a. The commissioning or purchasing of a work of public art by the city using city
funds or donated funds, in accordance with public contracting laws and AMC
Chapter 2.50; or-
b. An offer made to the city to accept a work of public art as a gift, donation, or
loan.
2. Removal. Removal of public art may be by request or owing to some damage or
destruction of the artwork.
B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of
art professionals and enthusiasts, residents near the proposed site, community members, and
city administrators will be chosen to evaluate the proposals received from artists. A different
selection panel shall be chosen for each project by the Commission after the following
notifications have been made:
1. An ad is placed in a newspaper of general circulation in the city,
2. Postcards are sent out to all property owners located within 300 feet of the proposed
site, and
3. A notice is placed on the city' s website.
The Commission shall pick the Selection Panel by examining applications received from
interested parties.
C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set
forth in the call for entries will be given to the Selection Panel for review. The proposals for
acquisition shall be evaluated based upon criteria set forth in the call for entries at a public
meeting. The Selection Panel will evaluate the proposals and make a recommendation to the
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Public Art Commission regarding which proposals to accept. The Commission shall forward
that recommendation to the City Council for final selection. This ordinance does not exclude
land use approval processes when required for the use or structure.
D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B), neither the
Council nor the Commission is bound to follo`v any particular process for removal and
disposal of art in the Ashland Public Art Collection.
(Ord 3003, 2010)
2.29.110 Review process for gifts or donations
The Commission may solicit gifts and bequests of public; art or funds to benefit the Ashland Public
Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the
city and the Ashland Public Art Collection on its own motion or upon a recommendation by the
Commission based on its own evaluation, or by recommendation of the Commission after the
Selection Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the total cost
over the life of the artwork.
All art works or funds shall be administered by the city in accordance with its terms. Funds donated
to the Commission shall be placed in a special account to be used exclusively for the purposes of the
Commission or as designated by the donor. Funds in this account may only be expended after they
have been properly budgeted or approved by the city.
(Ord 3 003, 2010)
2.29.120 Public Art on Private Property
Before public art can be placed on private property the Commission shall determine whether the site
is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to
be appropriate for public art, the City shall secure authorization to use and access the private
property where the public art will be located before the acquisition process for public art is initiated.
There shall be a written agreement or legal instrument, granting the City permission and control of
the property so that the property can be used for public art purposes, including access for
installation, maintenance and removal of the artwork. Public art can then be acquired for placement
on private property by following the process for:
A. Acquisition in AMC 2.29.100, or
B. Gifts and donations in AMC 2.29.110.
(Ord 3003, 2010)
2.29.130 Guidelines for recommendation by the Commission
A. Selection Guidelines for Works of Public Art.
1. Quality. The artwork should be of exceptional quality and enduring value.
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2. Site. The artwork should enhance the existing character of the site by taking into
account scale, color, material, texture, content, and the social dynamics of the location.
3. History and Context. The artwork should consider the historical, geographical, and
cultural features of the site, as well as the relationship to the existing architecture and
landscaping of the site.
4. Initial Cost. The total cost of the artwork, including all items related to its
installation, should be considered.
5. Maintenance and Durability. The durability and cost to maintain the artwork should
be considered and quantified, particularly if the work is servicing, repainting, repairing
or replacement of moving parts.
6. Permanence. Both temporary and permanent art works shall be considered.
7. Media. All forms of visual media shall be considered, subject to any requirements set
forth by city ordinance.
8. Public Liability. The artwork should not result in safety hazards, nor cause
extraordinary liability to the city.
9. Diversity. The artwork in the Ashland Public Art Collection should encourage
cultural diversity.
10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or
nearby businesses.
11. Compliance. Artworks shall not violate any federal, state, or local laws, including
specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. Ownership or Control. Public art should be placed on a site owned or controlled by
the city, or there should be a written agreement or legal instrument, granting the City
permission to use the property for public art purposes, including access for installation,
maintenance and removal.
2. Visual Accessibility. Public art should be easily visible and accessible to the public.
3. Visual Enhancement. Public art should visually enhance the overall public
environment and pedestrian streetscape.
4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic
and be part of the city' s circulation paths.
5. Circulation. Public art should not block windows, entranceways, roadways or
obstruct normal pedestrian circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is overwhelmed or competing
with the scale of the site, adjacent architecture, large signage, billboards, etc.
(Ord 3003, 2010)
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2.29.140 Standards for the Ashland Public Art Collection
A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition
of artworks.
1. Artworks may be acquired by direct purchase, commission, gift or any other means.
2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur
by a legal instrument of conveyance or other writing transferring title of the artwork to
the City and clearly defining the rights and responsibilities of all parties.
3. The city shall obtain the rights of ownership and possession without legal or ethical
restrictions on the fiiture use of the artwork upon final acceptance of the artwork, except
where expressly provided in the contract with the artist. The artists shall retain all rights
and interests in the artwork except for the rights of ownership and possession.
4. The City shall only acquire artworks if. 1) the artist warrants that he will not make a
duplicate of the artwork, or permit others to do so, without written permission by the
City, and 2) the artist gives permission to the City to make a two-dimensional
reproductions as long as all such reproductions provide the copyright symbol, name of
the artist, title of the artwork, and the date of completion.
5. Complete records, including contracts with artists, shall be created and maintained
for all artworks in the Ashland Public Art Collection.
B. Removal.
1. The Conuuission may recommend removal and/or disposal based on one or more of
the following conditions. No public hearing is required for a removal recommendation.
a. The site for an artwork has become inappropriate because the site is no longer
accessible to the public or the physical site is to be destroyed or significantly
altered,
b. The artwork is found to be forged or counterfeit.
c. The artwork possesses substantial demonstrated faults of design or
workmanship.
d. The artwork causes excessive or unreasonable maintenance.
e. The artwork is damaged irreparably, or so severely that repair is impractical.
f. The artwork presents a physical threat to public safety.
g. The artwork is rarely displayed.
h. A written request for removal has been received from the artist.
2. Council Removal Process.
a. On its own motion, or following receipt of a recommendation from the
Commission the Council may remove and dispose of any artwork previously
accepted into the Ashland Public Art Collection in their sole discretion.
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b. Acceptance or placement of donated art by the city does not guarantee
continuous public display of the artwork regardless of physical integrity, identity,
authenticity, or physical condition of the site.
c. Removal officially deletes the work from the city of Ashland Public Art
Collection by a relinquishment of title to the artwork; thus, eliminating the city' s
obligation to maintain and preserve the artwork.
d. Notwithstanding the above, Artwork shall be disposed of in accordance with
any specific terrns for removal and disposal set forth in the contract with the
Artist.
3. Removal and Disposal.
a. The city may donate the artwork to another governmental entity or a nonprofit
organization.
b. A work that is deemed to have retained sufficient monetary value to warrant
resale, shall be disposed of through a public sale, auction, or any other means as
established by city ordinance.
c. Artworks removed from the Ashland Public Art Collection may be disposed of
through any appropriate means, including the city' s procedures for the
disposition of surplus property.
C. Borrowing of Artworks.
1. The Commission may also recommend artworks be borrowed.
2. With the exception of ownership, the eligibility, review criteria, and procedure for
borrowed works shall be the same as those established in this article for acquisition.
3. The borrowing of artworks shall be pursuant to written agreement between the city
and the artist.
4. Nothing herein prohibits the city from securing other works of art or art exhibitions
for display inside its facilities.
(Ord 3003, 2010)
2.29.150 Maintenance of the Ashland Public Art Collection
A. Except where expressly provided in a contract or warranty for public art the city shall be
responsible for all maintenance of all artworks in the Ashland Public Art Collection.
B. Within the limitation of the city budget the city shall provide necessary and appropriate
maintenance of the Ashland Public Art Collection, including, but not limited to, regular
custodial care and landscape maintenance. Maintenance shall be performed in accordance
with any special instructions or procedures necessary for the preservation of the work.
C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland
Public Art Collection shall be immediately reported to the appropriate City Department. City
staff shall keep the Commission and Council informed of damage to City property.
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(Ord 3003, 2010)
2.29.160 Parks Commission
The standards and procedures in this article are in addition to, not in derogation of, the Ashland
parks commission review responsibilities for projects proposed in city parks. Nothing herein
exempts public art projects from compliance with all applicable federal, state, and local laws
including, but not limited to, land development regulations and building code compliance.
(Ord 3003, 2010)
2.29.170 Development of guidelines
The Commission shall have the ability to establish further guidelines concerning its operations;
however, only the criteria and processes of this ordinance will be legally binding.
(Ord 3003, 2010)
2.29.180 Creation, funding and use of Ashland public art account
A. Establishment. The Council hereby establishes a separate account entitled the Ashland
public art account to be reflected in the city budget. All funds donated, appropriated or
generated for the purpose of public art acquisition and education shall be deposited in this
account and used solely for such purposes, in accordance with this article and other applicable
law. Funds generated pursuant to the Commercial Development Fee in lieu established in
Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24,
and the Percent for Art dedication in this section shall all be deposited into the Ashland Public
Art Account.
B. Permitted Purposes of Public Art Account. The public art account shall be used solely for
the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland
Public Art Collection and for art education put-poses, such as community outreach
presentations and workshops, in accordance with the provisions of this article and other
applicable law.
C. Requirement for Dedication of a Percent for Art. Any city official or employee who
authorizes or appropriates expenditures on behalf of a participating department for a city
project shall, to the degree that there are eligible funds, include within the budget for the
project a monetary contribution for the public art account equal to one-half percent (0.5%) of
the total cost of the project.
1. One-half percent (0.5%) of the total cost of a qualifying city project shall be
dedicated to the public art account. Such funds shall be deposited into the public art
account by the city official or employee acting on behalf of the participating department
no earlier than the time that budgeted funds are encumbered for construction of the city
project and no later than final inspection of the completed city project.
2. The participating department shall consider the siting of public art as part of the
design and engineering phase of any city project. If costs are incurred by the
http://www.ashland.or.us/CodePrint.asp?Branch=True&CodelD=3868 7/8
9/23/2016 City of Ashland, Oregon - Municipal Code
participating department to comply with this article requirement prior to transfer of the
one-half percent (.5%) dedication for the city project to the public art account, the
participating department may deduct such costs (not to exceed one-half percent) from
the one-half percent (.5%) dedication at the time such funds are transferred.
D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that
preclude public art as an object for expenditure, the portion of the city project that is funded
with the restricted funds shall be exempt from the dedication requirements of this article.
E. Phased Projects. As a general rule, where a city project will be constructed in phases, the
one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of
the city project at the time that funds for the phase are appropriated and encumbered.
However, nothing in this section prevents the Council from deciding to hold or set aside all or
part of the entire dedication from the funds of a particular phase, as the Council deems
appropriate. In determining when to hold or set aside the funds for a phased project, the city
will consider an overall public art plan for the project to ensure that art is not located on a
piecemeal basis with phase construction.
F. Monetary contributions for public art shall be deposited in separate accounts within the
public art account if separate accounting is deemed appropriate by the Administrative
Services Director (Finance) or is required by law.
G. Monetary contributions or appropriations made other than through the percent for art
program shall be deposited in the public art account and may be dedicated to or earmarked for
a specific education program or work of art, subject to acceptance by the Council.
H. Disbursements from the public art account shall be made only after authorization of the
City Administrator or the Administrative Services Director (Finance), and shall be made
according to this article and other applicable city ordinances, including but not limited to the
public contracting code (AMC Chapter 2.50).
1. The Council may adopt by resolution case specific waivers or guidelines for administration
of the percent for art program, including case-by-case waivers of the required dedication set
forth herein based on the availability of public funds, as well as any other matters not
specifically addressed herein and appropriate or necessary to the administration of the
program.
(Ord 3003, 2010)
PRINT - CLOSE
http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeID=3868 8/8
ORDINANCE NO. o•~
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE, SITE
DESIGN AND USE STANDARDS. (SECTION 18.72.030) ONCERNING PUBLIC ART
ON HISTORIC STRUCTURE" ~ ~
Pi ~v 0-1) &4~
sc
Annotated to show 18,s and additions to the code sections being modified.
Deletions are bold lined thrGugh and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the Mayor of the City of Ashland formed a Downtown Task Force to make
recommendations to the Ashland Planning Commission and Ashland City Council
concerning inter alia the relationship of public art to the City sign code and site design
review code; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public
hearing on February 10, 2009 and following deliberations recommended approval, with
modifications, of the amendments to the City Council on February 24, 2009; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 7, 2009; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the y
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments.are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference:
Page 1 of 3
SECTION 2. Chapter 18.72.030 of the Ashland Municipal Code [SITE DESIGN
REVIEW Applicability] is hereby amended to read as follows:
SECTION 18.72.030 Applicability.
Site design standards shall apply to all zones of the city as outlined below.
A. Applicability. The following development is subject to Site Design Review:
1. Commercial, Industrial, Non-Residential and Mixed uses:-
a. All new structures, additions or expansions in C-1, E-1, HC and M zones,
b. All new non-residential structures'or additions (e.g. public buildings, schools,
churches, etc.).
c. Expansion of impervious surface area in excess of 10% of the area of the site
or 1,000 square feet, whichever is less,
d. Expansion of parking lots, relocation of parking spaces on a site, or other
changes which affect circulation.
e. Any change of occupancy from a less intensive to a more intensive
occupancy, as defined in the City building code, or any change in use which
requires a greater number of parking spaces.
f. Any change in use of a lot from one general use category to another general
use category, e.g., from residential to commercial, as defined b the zoning
regulations of this Code.
g. Any exterior change to a structure which a building permit, and is
listed on the National Register of Historic Places or to a contributing property
within an Historic District on the National Register of Historic Places that
requires a building permit, or includes the installation of Public Art.
h. Mechanical equipment not otherwise exempt from site design review per
Section 18.72.030(B).
2. Residential uses:
a. Two or more residential units on a single lot.
b. Construction of attached single-family housing (e.g. town homes,
condominiums, row houses, etc.) in all zoning districts,
c. Residential development when off-street parking or landscaping, in conjunction
with an approved Performance Standards Subdivision required by ordinance and
not located within the boundaries of the individual unit parcel (e.g. shared
parking).
errinit and is
d. Any exterior change to a structure wh-iGh-
individually listed on the National Register of Historic Places that requires a
building permit, or includes the installation of Public Art.
e. Mechanical equipment not otherwise exempt from site design review per
Section 18.72.030(8).
SECTION 3. Severabiiity. 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.
Page 2 of 3
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article', "section", or
another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day_of , 2009,
and aul PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2009.
o n Stromberg, Mayor
Reviewed as to form:
Richard Appice to ity Attorney
Page 3 of 3
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
First Reading of an Ordinance Repealing and Replacing
AMC Chapter 6.40 by Adoption of State and County Regulations
FROM:
David Shepherd, deputy fire chief, david.shepherd@ashl~ind.or.us
SUMMARY:
Oregon Revised Statute (ORS) Chapter 682 requires local governments to comply with their county
plan in regards to ambulance services. Ashland Fire & Rescue (AF&R) finds that Ashland Municipal
Code (AMC) 6.40 is redundant in nature and in many places does not comply with the county plan. It
is therefore recommended that we repeal the outdated AMC language and replace it with language that
complies with current state and county regulations.
BACKGROUND AND POLICY IMPLICATIONS:
Wanting to ensure that the citizens of Ashland would receive excellent medical care from their local
ambulance provider, the City adopted AMC 6.40 in the mid-1990s. AMC 6.40 was designed as a
regulatory document for any ambulance service wanting to provide medical transports in the city.
Unfortunately, AMC 6.40 is now in conflict with state and county regulations.
In its current form, section 3 of ORS 682.031 reads:
When apolitical subdivision enacts an ordinance regulating ambulance services or emergency
medical services providers, the ordinance must comply with the county plan for ambulance services
and ambulance service areas adopted under ORS 682.062 by the county in which the political
subdivision is situated and with the rules of the Oregon Health Authority relating to such services and
service areas. The county governing body shall make the determination of whether the ordinance is in
compliance with the county plan. [Formerly 682.275; 2009 c. 595 §1067; 2011 c. 703 §5]
While much of AMC 6.40 complies with the county plan, a majority of the ordinance is a duplication
of efforts. More importantly, some sections of the code are more restrictive than the county plan. As
the above ORS directs the City to "comply" with the county plan, staff believes that those items that
are above and beyond the county plan could expose the City to potential litigation.
Without knowing the specifics to why the City went into such detail in creating the code, it's assumed
that at the time of its creation (1995) the county plan was not well defined or well regulated.
Regardless, by the late 1990s, department records indicate that the Jackson County Ambulance Service
Plan was fully implemented and operational for all ambulance providers in Jackson County.
Page 1 of 2
R
r4i'll
CITY OF
ASHLAND
As the intent of this proposed change is to eliminate most of the current AMC language, it is important
to demonstrate that any ambulance service operating in the city of Ashland will be well regulated by
both county and state regulations. Currently, the Jackson County Ambulance Service Plan
regulates/monitors:
• Response times • Mutual aid and disaster response
• Level of care provided • Dispatch procedures
• Training requirements • Budgeting practices
• Supervising physician oversight • Insurance requirements
• Equipment • Community service
• Vehicles • Geographical service areas
• Patient billing practices • Quality assurance
In addition to submitting monthly response time statistics a provider is required to submit yearly data
on all items shown above. These monthly and yearly reporting requirements address most of the
regulatory conditions currently found in AMC 6.40.
COUNCIL GOALS SUPPORTED:
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of this ordinance.
SUGGESTED MOTION:
I move to approve first reading by title only of an ordinance titled, "An Ordinance Repealing and
Replacing AMC Chapter 6.40 by Adoption of State and County Regulations" and move the ordinance
on to second reading.
ATTACHMENTS:
• Ordinance
• ORS 682.031
• Jackson County Ambulance Service Plan, Chapter 1075
Page 2 of 2
~r
ORDINANCE NO.
AN ORDINANCE REPEALING AND REPLACING AMC CHAPTER 6.40
BY ADOPTION OF STATE AND COUNTY REGULATIONS
Annotated to show de et o and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City of Ashland has historically operated its ambulance and emergency
medical services pursuant to its own Ashland Municipal Code Chapter 6.40.
WHEREAS, Oregon Revised Statute 682.031 says that political subdivisions, such as the City
of Ashland, may not require less than that which is required under Oregon statutes regulating
ambulances and emergency medical services providers. ORS 682.031 further directs local
government ordinances to strictly comply with the county plan for ambulance and emergency
medical services in which the local government is located.
WHEREAS, AMC 6.40 is similar to but not identical to state and county law, therefore giving
rise to ambiguity, potential liability, and the need for continuous monitoring to ensure
consistency as applicable state and county laws are revised.
WHEREAS, adopting by reference the provisions of ORS Chapter 682 and Jackson County
Ambulance Service Plan, Chapter 1075 as the City of Ashland's ordinance on ambulance and
emergency medical services would ensure continued compliance with state law without
materially changing the City's ambulance and emergency medical services operations.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 6.40 Emergency Medical Services is hereby
repealed in its entirety as follows:
SECTION 6.40.0 10 Definitions
The foil * - or-ds and phrases as used in this ehapter- shall have the following fneanings:
Ordinance No. Page 1 of 9
Ambulance. A nor privately or publiely o~ar l.ed motor yehi~.le that is regularly
. provided or offered to be provided for the emergeney transportation of persons suffe
from illness ry or disability.
7
• person, Any unit, governmental eorporation, partnership, sole
proprietorship or other entity that operates ambulanees and that holds itself out as
providing pre hospital eare or medieal transportation to siek, injured or disabled per-sons.
C. A mb lanee Operator.
An ageney or person engaged in the business of furnishing
1"'laneA semriees
,
,whieh a it . ed to prepare for and respond to • Any non hospital oeeurrenee or situation involving ifin Y--O-r
& . . i of sueh serviees Is likely to aggravate the eondition or endanger personal heal
or afety.
ineluding fire apparatus-,
7
treatment,
commun > evaluation, Ti. Emergeney MediealTeehn' i (EMT). A person defined in ORS 823.020.
G. Health Care Faeffity. A hospital, elinie, or extended eare f4eility that regularly
H. Person. Individuals, either male or female, partnerships, firms, eorporations and
assoe CYVns of eve", kind and their agents, sen,ants or employees.
L Pre hospital Care. Care rendered by emergeney medieal teehni in ineide
of the operation of ambulanees and eare rendered by emergeney medieal teehnieians as
ineide is of other duties.
T Response Time. The period of time from reeeipt of a e all for EMS assists'neA her the
response ageney until the arrival of EMS providers. (Ord. 27,78 S!, 1996)
SECT-!ON Lieense Li and personnel Required
No p shall operate an eml~nls~nee business within the eornorsite limits 111111Lv of the
.aav
A. I ~1V1 LI LIB of
eit y `=ritho t first obtaining a lin_ense for operation.
B. No I that person shall ope~~;ehele as an ambulaneTS e is s not equipped, operated,
Ivand attended by the personnel as required by this ehapter.
C. Notwithstanding subseetions A and B of this seetion, any person operating an
ambulance business within the corporate limits of the city on the date this ordinance4is
eftaete,7 shall have until DeFe er 21' ZI~I 1 995 to eompl~r w th this ehs~pter
•
ies
SECTION 640.030 Exempt Persons and A etiyitzL, o
. c
The provisions of this ehapter do not appl~r t"•
l., Lv.
A A mb lanees owned her or operated under the eontrol of the United Cta tes
Government.
B. Vehieles being used to render temporary assistanee to fieensed ambulanee operators
are unable to eope, or when direeted to be used to render temporary assistance by a publie
offieial at the seene of an aeeident
Vehieles operated solely on private property or within the confines of institutional
gro nds, whether or not the ineidental erossing of any publie street serving the property or-
grounds is involved,
Ordinance No. Page 2 of 9
A Vehicles operating from a business > offlee or- headquarters outside the >
that are transporting a patient from an area outside the eity to a health ear-e fueffity within
the eity, or-whieles whieh IL . ng through without destination ift t,.-.e eity.
F Vehicles transporting a net7e71t to a nir ambulance et the A s lan Alunieip l
r
Airport or a patient from the air-port who arrived by air- • • 2778 ,
SECTION 640.040 Minimum A mb lance and Eq ipment Standards
A Ambulanees shall be of the federal ambula IL ifleation KKK 1822 A types 1, 2
.
A
V1
B. Eaeh ambulanee shall eontain, in addition to the equipment standards set by t
Plan.
State of Oregon, the equipment required in the jaekson County Ambulanee Serviee (nod-2778 S3, 1996)
C. All ambulanees proposed to be used by the ambulanee operator- shall be presented
to the eity administr-ator- or- designee for inspeetion within fifteen days of the date o
a"Heation. All nem, or replaeement ambulanees shall also be presented for- inspeetion
. r- to use.
A All emb"l`'HAed shall be maintained aeeor-ding to the mon~Ifoetur-er-'s
ree mmendations. Complete maintenanee records shall be maintained and made available
to the eity upon request.
E. Eaeh ambulanee shall be housed in a heated and seeur-e gar-age provided that no
ambulance shall be housed at the Ashland Municipal Airport. Cr-e-A, quarters shall eon.0-r-M
to the standards set for-th in the speeialty codes defined in ehapter- 15.04 for- residentiai
l1/1/.llnaneies (dwellings).
M Amb lflnee operators shall ma ntain e_patient nere record for eae p tient
L Name of patient.
2Time of disp ltnh
Z Time en route
4. Time of "1"'iv l at inei ent
C. c, Time of departure from InnitienIUaJuit
Time of arr-ival at hospital.
Time s~ml~ leHGAe becom ~CC~TIIes available for ice
-GTIT'1'TIIIiT10Tl~ I'VT s1'IT~ervTC~
• ~
8. Names and eer-tifleation levels of attending emer-geney medieal teehnieians.
9. B -?:Y* i Cy and ending mileage of eaeh r-espons,-.
10. point of rliapatnli
11. Unit number,
12. inei ent address.
2. 7 z. ■\eserlntion of injuries and/or- care provided-.
C E SECTION 6.40.050 Minimum Levels of Training and Staffin
A. Eaeh ambulanee shall be staffed by at least two Oregon State Certified EA4Ts, one
state eer-tified at or- above EMT B and one state eer-tified at EMT- P training 1
B. The EMT P shall be in attendanee of the patient in the patient eompar-tment of t
ambulanee when tr-a sporting advaneed life support patients to a health ear-e faeiW.
Ordinance No. Page 3 of 9
C. All EA4T-s shall adhere to the eontinuing edueation A . ients as set forth by the
Assoeiat' . ovider of advaneed eardiae life support. (Oird. 2778 S4, 1996)
SECTION 6 40 n6n PrAeAduiFed
v-Trv v~uzrl,~
Ambulance operators and their- employees shall eomply with all pr-oeedures and protoeols
outlined in the jaekson County EMS Standing Orders for this areaw
02/17/2009)
(Ord 2978, amended, i l i i r V V i J
SECTION 6.40.0 70 ProyeAdur-esc.,~ ter MonTC17tor 7ng Performance
The AmY~ e
■ 11lanee • operator c.c .~•Ishall ~~Iprovide n77_ _ _a 7~ ~J A regular field evaluations l L l J employed
o M 1 a
by the operator-. The field evaluations shall be done no less than bi annually. The
-luation form shail be approved by the eity administrator or designee. Reeor-ds of the
luation shall be maintained and stored. The eity shall have aeeess to any and all field
evaluations upon request.
The respo se time for- all emergency ealls shell be eomple mo thly by the
B. b J r J J
n
ambulance operator. The eompilation shall be submitted to the eity by the last day of the
first weeki of the month folio-wing the report month. All emer-geney response time over- fou.r
minutes for emer-geneies determines to require advaneed life support ear-e and eigh
minutes -f-Or- emer-geneies determined to require basie life support ear-e shall be listed
separat ly. The report shall give the point of dispatch of the first response vehiele an
omb leneA and the loeaatior• of the ire
of an ambulanee operator shall be defiver-ed to the eity administrator- by the operato-F
wher-e it is to be kept on file. The eity administrator- shall have the authority to take sueh
to the couneil togetherwith a meommendation for- corrective action to be taken by the
eouneil.
SE` MN 6 40.080 A raministrsltion; Powers of City A `lminlstretor of D ig eo
A. The eity administrator shall have the authority to talce action concerning lie
ae lens of this vhµrnter.
~i
or- persons designated by the eity administratoir in wr-iting,
B. administrator, The eity
shall 1 ave i1ezauthority cv
1 Aud t reeerrlpTC[T s to a'ss11Ne eonfermenee with this ehainter.
• ~C~LITTAT~~.'V"III'~l Ill Alli~+ with .~aaav v~~.+i.. Require pr-oduetion of relevant doeuments.
IL+r...,.•.r.
2 perform all ether f1ets neeesseM to A11f"Nee the 3ns of this ehente
•
I V ~ 1J1V lIJ of this ~1a 6i ~/LL
SECTION 6.40.100 Lieense Requirements
Ffleh (lmb lalnee operator- shalk.
A. standards, Confor-m with the requirements, and maintenanee as stated in
Division, ulanee Se-
Ordinance No. Page 4 of 9
Plan and this AH(lpter. W eneyer the re l11NAments o this ehapter rA/V 111HA mArA than
IIJ tllH llltl 1 LN 1111 ~ alive ~ division rules or the A/1unty r1A77 the eh pt - NA AI II INAments shall be folio-wed.
ZIl7 711 L111 be R Al 1Y1+Ai„ o file with the eity administrator, '1 r a rrp1l* ~CCI-1-'CZIT l1°+ of fees ehar-r a~•Ar
i~ "-Z~ZIJI of 1L<J <11N1 ~
C I\laintA11l o rile with the Alt administrator, fl A17NNAnt L opy of The name Allif
Z ■ c t-\lTl l \I■ the A Maintain and make available, upon request of the eity administrator, all reeo
required by this chapter.
E. Employ only emergeney medieal teehnieians who are eertified by the State He
oDivisionw
F. Make available, upon request, written information to the public cone 4e
G Meet the response times an minimum It ~ L1J t/./l t required levels of V1 T Aare N T7 ■ is ehaptAN
by N
H. week. Render emergency medieal services 24 hours a day, seven days a medieal ind ambulanee transportation shall be available to all persons in th
rea without regard to raee, eolor, religion, marital status, age, national origi", sex,
LL~ --4
sexual orientation, ' disability or ability to pa-~-.
• Submit to the ' upon approval of 1 proof of all insuranee required by this
~ap` r.
• Submit to the ' upon appheation for 1 proof of all performanee bonds
required this ehapter,
J Notify the eity within 10 days of any ehan a in material information eontained in the
appheation, related materials, or fieense. (Ord. 2778 S5, 1996)
SECTION 6.40. 110 110 l pliea Lion for rieen-v,A
v
A. Any person desiring to obt Fibulanee operator lieense shall apply upom.
forms available from the eity recorder, Eae-h applieation shall be ae IL A by a surety
bond in the amount pr-oyI/' a in this AHAIItAN ■ Ile A111'\11AATlAH steal ■Yf elude THA foliowiit /c
information:
1 ■ HA name of THA Al plieant and trade n mA, if any, under- whieH the applieant
intends to eonduet the business; or if it i R > its name, date and plaee of
addresses; ution, address of its prineipal plaee of business and the names of its pr-ineipal
or if a >
company, the names of the partner , or of the per-so
partner- or- person-.
used, or proposed to be used,
the applieant, with the name of the manufaetur-er-, - . ad serial numbers, state m
vehiele fieense number, together- with a eertifleation that eaeh ambulanee is adequate and
safe for the purposes for- whieh it is to be used and that it is equipped as required by this
ehapter- and the Wws of the state of Oregon.
1
Z The a lYress and deseriptio 1 of l r\rAm is AO and from 1=lhie it is proposed
4. information showing that eve", proposed driver, attendant, and driver attendant is
the 111 L1111J<J li at Kii{.l Ordinance No. Page 5 of 9
qualified as required in this ehapter and a d by the laws of the state of Oregon-.
operator's 6. Upon appheation for- an ambulanee days' eity with a good and suffleient eash bond or- sur-ety bond in the sum of S500,000.00 whi
shall be eontinued in effeet during the period that sueh ambulanee operator shall do
business in the city. The bond shall be give.H. as a guarantee that the ambulanee operato-F
will fur-nish and maintain ambulanee sem4ee from the date of obtaining a eity lieens-e
without interruption of serviee, exeept that by giving 180 ambulanee operator- shall be authorized to diseonti . ee without penalty. if,- for- any
reason, the lieensed ambulanee operator- shall cease operations or- discontinue business
without giving the notiee heir
any reason > voluntarily or- >
required, such eash bond or- sur-ety bond shall be forfeited to the eit~-.
operator's
7. No ambulanee driver- of each of the vehieles deser-ibed in this liee . nsur-ed against liability
damage to property and for- injury to, or- death of,- any per-son resulting from
oir other- use thereof. This pohey shall be in the sum of not less than
> operation,
> >
anent
a The inollranna nalieff shall nan+s\ir an endorsement providing that this policy o
thereon, ewill not be eanceled until notiee in writing shall have been meeived by the eity
administrator- at least thirty days prior- to the time such eaneellation shall beeome effeetive.
State of Oregon. This poliey shall further pr-ovide that there shall be a eontinuing liability
> at any time,
or- the authority of the eompany t
same, shall be eaneeled by the e - issuing the
business in the state of Oregon shall be r-evoked, the eer-tifleate holder- shall replaee th-e
pohey with another policy approved by the eity administr-ato.n.
D ■ Hn initial hee Can fee and eae yearly r-ene i a thereafter shall 1 be eznn for a
yearly Ll -'111 bn ~ll
A mb\>Ilance Operator's T icense mils S100 per- amhl\lanna pr-o pilling nmer-geney me i`\`'1
■ \II ■\l■l\ tllltl ~tlit ♦ llllllt
sen iees to the eity. Changes in the amount of these fees may be made by resolution of
eou .
SECTION • • Review and investigation of Applieati
A. Within fifteen days after- r-eeeipt of an appheation, the eity administrator- oir designee
. Peet and test all vehieles and equipment and inspeet all proposed vehiele loeat
R The pity administrator- ar designee shall determine the annlinant has eomplieK
A ll ll lit All itA~,7 <V1111J 11L
the laws of the state of Oregon and A as of this ehapter and report sueh
determination to the eo nail
SECTION 6.4n:1Zn TdC1 anee of T ieense
r~rrv~r rv T~ v~irv~v-r~r~~rrsv
The eouneil may issue a lieense upon finding that the applieant has met all r-equir-emen
this ehapter,
Ordinance No. Page 6 of 9
SECTION 6.40.140 License Term an RAnew a~
A. A fieense shall be valid from the date of issuanee to the next folio-wing thirtieth day
o ■une an shall be reYleli able annually term vi v ~ (life for- (1 as of one year-, AAmmAY1 n1H /i AH the f rl~+
C-~~ Ll-ply 111111 b
day of julyi-
B. An applieation fo 1 of an annual lieense shall be submitted to the eity at leas
thirty d to its expiration date and shall be aeeompanied by the appropriate fe
JL IV
administrator prior- to terminating
S CUON 6.40.150 aleyoeatio or- Suspension of Lieense
A. Exeept as provided in seetion 6.40.160.B.3, before any lieense is suspended o
revoked, notiee shall be pr-ovided in aeeor-danee with this seetion 1.08.005. An ambulanee
operator- shall be afforded opportunity for- hearing in aeeordanee with the terms of A
2-.39
R finding I l
The Hearinb g Officer may revoke or suspend a finense llpo an
D J r Lea■~a_ ul..•a■ aaaaaa that
*Mbulanee operator- fails to meet the A . sents of this ehapter- or is doing business in
violation of this ehapter or- applieable federal, state, or- eounty !aws, or-dinanees, rules o-r
regulations.
C. Any per-son whose heense has been denied or- r-evoked may, after- thirty days from
the date of denial or- suspe i , x ply for- a Reense upon payment of an appheation fee in
I
the amount of the annual lieense fee, which shall not be er-edited to the /~fee,
lieense D. Any per-son whose lieense has been denied or r-evoked for- a total of tii T o times within
one 1 or- "Tho has a combined total of four- denials or- r-evoeations shall be disqualified
&om applying for- a lieense for- a period of two years from the date of the last r-evoeation o
denial.
3010, amen ed, 04/20a010)
Sr CTION 6.40.i v v Abatement of Violatimis
City, 0-F
federal, A. Upon finding that a violation of this ehapteir, or applicable state,
the ambulanee operator- fails to take eor-reetive aetionwith.n the ti red, the
may also take netion under- seetion 6.40.150 to r-evoke or- suspend the heense.
(Or -d amended, 04/20/2010)
SECTION 6.40.170 Prohibited Aetivities
No ambulanee operator- or- ambulanee operator's employee shall:
A. Make a false statement of a material faet, or- omit diselosur-e of a material fftet,
annlie a+ion for- a lieen Cie
Jv.
B. Charge for serviees not performed, make duplieate ehar-ges for- the same se
1
charge rates exeeeding those on file with the eity administr-a
tech in' trainee unless state ' oa'ir'ed her
l-C%CTIT[T l....
Ordinance No. Page 7 of 9
D. Fail or refuse to promptly advise the Ashland 911 renter of 1eeeipt of " r-eques ~yr
respond to dispatch orders-.
E. Fail or- refuse to respond to a dispateh or-der from the dispateh offieewhen t
F. Faisif~,, defaee or- obliterate any fieense or- eer-fifleate required under- this .
G. federal, Violate any state, or- eounty > or- any other- eity ordinance-.
SECTION 6 0 180 Penalties
A. in addition to any other- procedures and r-emedies provided by law, any p latin
any section within this ehapter- shall be guilty of a C;Iass 1 violation as set forth in secti
020w
1.08.B. Eaeh and every day d i , portion of whieh a violation of any seetion of this
subject to- a separ--ate fine and sueh per-son shall be punished aeeor-dingj~-.
3024, amended,
SECTION 6.40.190 Sever-ability
Should any seetion, paragraph, sentenee or-word of this ehapter- be deelared for any reason
to be invalid, it is the intent of the City of Ashland that all other portions ire !ffeet.
( `..i RD 27 71 1 1 22 95)
SECTION 2. Ashland Municipal Code Chapter 6.40 Emergency Medical Services is hereby
replaced to read as follows:
CHAPTER 6.40. Ambulance and Emergency Medical Services
SECTION 6.40.010 Code Adoption
The following statute and ordinance is adopted as a part of this chapter and is further
referred to in this title as "Ambulance and Emergency Medical Services":
A ORS Chapter 682 - Regulation of Ambulance Services and Emergency Medical
Services Provider.
B Jackson County Ambulance Service Plan, Jackson County Code, Chapter 1075.
SECTION 6.40.020 Compliance Required
Any ambulance service operating within the City must comply with this Chapter and ORS
Chapter 682 and the Jackson County Ambulance Service Plan, Chapter 1075 as adopted
herein.
SECTION 6 .40.030 Penalty. 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, except as
otherwise provided in state or county law.
SECTION 3. Severability. Should any section, paragraph, sentence or word of this chapter be
declared for any reason to be invalid, it is the intent of the City of Ashland that all other portions
remain in effect.
Ordinance No. Page 8 of 9
SECTION 4. 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
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 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections Nos. 3-5] need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 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 9 of 9
9/7/2016 ORS 682.031 - Local ordinances regulating ambulances and emergency medical services providers - 2015 Oregon Revised Statutes
2015 ORS § 682.0311
Local ordinances regulating ambulances and
emergency medical services providers
(1) As used in this section, political subdivision includes counties, cities, districts, authorities
and other public corporations and entities organized and existing under statute or charter.
(2) An ordinance of any political subdivision regulating ambulance services or emergency
medical services providers may not require less than is required under ORS 820.300
(Exemptions from traffic laws) to 820.380 (Illegal ambulance or emergency vehicle
sirens), or this chapter or the rules adopted by the Oregon Health Authority under this
chapter.
(3) When a political subdivision enacts an ordinance regulating ambulance services or
emergency medical services providers, the ordinance must comply with the county plan
for ambulance services and ambulance service areas adopted under ORS 682.062
(County plan for ambulance and emergency medical services) by the county in which the
political subdivision is situated and with the rules of the Oregon Health Authority relating
to such services and service areas. The county governing body shall make the
determination of whether the ordinance is in compliance with the county plan. [Formerly
682.275; 2009 c.595 §1067; 2011 c.703 §5]
(No annotations for this section.)
Related Statutes'
• 682.027
Definition of ambulance services for ORS 682.031, 682.062 and 682.066
• 682.041
Legislative intent regarding regulation of ambulance services
• 682.051
Unlawful operation of unlicensed ambulance vehicle or unlicensed ambulance
service
• 682.063
Requirements for adoption and review of ambulance service plan by counties
hftp:/ANww.oregonlaws.org/ors/682.031 1 /2
9/7/2016 ORS 682.031 - Local ordinances regulating ambulances and emergency medical services providers - 2015 Oregon Revised Statutes
• 820.330
Failure to make, maintain and make available ambulance records
• 820.360
Illegal ambulance lighting equipment
• 820.380
Illegal ambulance or emergency vehicle sirens
Legislative Counsel Committee, CHAPTER 682-Regulation of Ambulance Services and Emergency Medical
Services Providers, https-://www.oregonlegislature.gov/bills-laws/ors/ors682.html (2015) (last accessed Jul. 16,
2016).
2 OregonLaws.org contains the contents of Volume 21 of the ORS, inserted alongside the pertinent statutes. See
the preface to the ORS Annotations for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to
the current Section in its own text. The result reveals relationships in the code that may not have otherwise been
apparent.
by Robb Shecter, robb@oregonlaws.org
www.oregonlaws.org
http://www.oregonlaws.org/ors/682.031 2/2
152
CHAPTER 1075
Ambulance Service Areas
1075.01 Adoption of Plan.
1075.02 Violations.
1075.03 Effective date.
1075.04 Severability.
Exhibit A-Jackson County Ambulance Service Plan
CROSS REFERENCES
County ambulance and emergency vehicle service - see ORS 451.010, 451.420
Emergency medical services - see ORS 451.010, 682.062
Minimum requirements for ambulances and emergency vehicles see ORS 682.225
Regulation by political subdivisions - see ORS 682.275
Organization for Emergency Management - see ADM. Ch. 244
Ambulance Service Advisory Committee - see ADM. Ch. 253
1075.01 ADOPTION OF AMENDED PLAN.
The 2005 Amended Jackson County Ambulance Service Plan is adopted as County law pursuant
to ORS 682.062 and follows this chapter as Exhibit A. Exhibit A is incorporated by reference in
its entirety. The Jackson County Ambulance Service Plan as adopted by ordinance 97-12 is
hereby repealed and the 2005 Amended Jackson County Ambulance Plan is hereby adopted in
its place.
(Ord. 91-16. Passed 10-30-91; Ord. 97-12. Passed 5-7-97; Ord. 2005-6. Passed 4-24-05; Ord.
2009-3. Passed 8-12-09.)
1075.02 VIOLATIONS.
(a) It shall be a violation of County law for any person or other legal entity to violate this
chapter or the Jackson County Ambulance Service Plan. Violation of any provision of this
chapter or the Plan shall be subject to enforcement under Jackson County Ordinance 86-5,
codified as Section 202.99 of these Codified Ordinances.
2009 Replacement
153 Ambulance Service Areas 1075.03
(b) Transport Violation. Notwithstanding Section 1075.02(a), no person or other entity shall
transport for hire nor permit transport for hire for medical transport of a person or patient who
is visibly or is otherwise reasonably suspected of suffering from an acute medical condition
wherein such transport is made in a vehicle that is not an ambulance.
(Ord. 91-16. Passed 10-30-91; Ord. No. 2001-16. Passed 8-22-01.)
1075.03 EFFECTIVE DATE.
Section 1075.01 and 1075.03 of the Codified Ordinances of Jackson County, adopted in 1991 by
Ordinance 91-16 and amended in 1997 and 2001 by Ordinance Nos. 97-12 and 2001-16, are repealed
effective 60 after passage of this Ordinance. If the validity of any amendment to Chapter 1075,
including any amendment of any section of Exhibit A, is challenged by initiative or litigation, or is not
approved by the Oregon Health Authority, then the corresponding section of the most recently adopted,
unchallenged, and approved Ambulance Service Plan shall remain in effect until the challenge is
resolved or the approval is obtained.
(Ord. 92-3. Passed 3-25-92; Ord. 97-12. Passed 5-7-97; Ord. 2005-6. Passed 4-24-05. Ord.
2010-12. Passed 11-03-10.)
1075.04 SEVERABILITY.
Invalidity of a section or part of this chapter shall not affect the validity of the remaining
sections or parts of sections.
(Ord. 91-16. Passed 10-30-91.)
2010 Replacement
154
EXHIBIT A
2005 AMENDED
JACKSON COUNTY AMBULANCE SERVICE PLAN
TABLE OF CONTENTS
Section Page
1 CERTIFICATE OF COMPLIANCE 1
2 OVERVIEW OF COUNTY 2
3 DEFINITIONS--333-260-0010 ................................................................................2
4 AMBULANCE SERVICE AREAS 5
4.1 Boundary Descriptions 5
4.2 Boundary and Response Time Maps (See Appendix # 1 and #2) 6
4.3 911 Districts (See Appendix 0), Fire Districts, and Incorporated
Cities (See Appendix #2) 6
4.4 Alternatives Considered to Reduce Response Times 7
5 SYSTEM ELEMENTS--333-260-050 7
5.1 Notification Time and Response Time (OAR 333-260-050 (2)(a)(b)
and (c)) 7
5.2 Level of Care 9
5.3 Personnel ..........................................................................................................9
5.4 Medical Supervision 9
5.5 Patient Care Equipment 10
5.6 Vehicles ..........................................................................................................10
5.7 Training 10
5.8 Quality Assurance and System Development 10
6 COORDINATION 14
6.1 Entity That Will Administer and Revise ASA Plan 14
6.2 Ambulance Service Delivery Complaints 15
6.3 Mutual Aid Agreements 15
6.4 Disaster Response 15
6.5 Personnel and Equipment Resources 16
6.6 Emergency Communications and Systems Access 17
7 PROVIDER SELECTION AND BOUNDARY CHANGES 19
7.1 Assignment of Ambulance Service Areas 19
7.2 Maintenance of and Reassignment of Ambulance Service Areas 19
7.3 Application for Ambulance Service Area 20
7.4 Responsibilities of Ambulance Service Area Providers:
Subcontracts. Assignments, and Vacations 23
24
7.5 Study and Recommendation Process
7.6 Preference to Qualified Displaced Employees 28A
7.7 Periodic Amendments to Plan 28A
155 Jackson County Ambulance Service Plan SECTION 1
SECTION 1. CERTIFICATE OF COMPLIANCE.
Pursuant to Administrative Rule 333-260-0030(2)(a), (b) and (c), the undersigned certify
that:
A. Each subject or item contained in the Jackson County Ambulance Service Plan has
been addressed and considered in the adoption of the plan by this body.
B. In this governing body's judgment, the ambulance service areas established in the plan
provide for the efficient and effective provision of ambulance services.
C. To the extent that they are applicable. the county has complied with 682.062 and
682.063 and existing local ordinances and rules.
DATED at.Tackson County, this day of -----2005.
/s/ Jack Walker
Chair, Jackson County Board of Commissioners
/s/ Susan E. Slack
County Administrator
/s/ Hank Collins
Director, Health and Human Services
Approved as to Form:
/s/ Michael Jewett
County Counsel
1
SECTION 2 STREETS, UTILITIES AND PUBLIC SERVICES CODE 156
SECTION 2. OVERVIEW OF COUNTY.
Jackson County is a political subdivision of the state of Oregon and governed by an elected
three-member board of commissioners. Jackson County covers an area of approximately 2,801
square miles and has a population of approximately 205,305. Within that area there are a variety
of geographical and topographical influences. The county has two major mountain chains, the
Siskiyou Mountains to the south and west, and the Cascade Mountains to the north and east. In
addition, there are two major rivers. The Rogue River runs from the upper northeast corner of
Jackson County down through the middle of the county, and the Applegate River runs from
Applegate Lake in the southwest portion of the county northwest toward Grants Pass. There are
also hundreds of streams and lakes throughout Jackson County. The elevation of Jackson
County at the Courthouse is 1,382 feet, with the lowest being about 1,000 feet and the highest
being close to 9,800 feet at Mt. McLaughlin. Snow can be found in some areas 11 months out of
the year.
The population center of Jackson County is along the Interstate 5 corridor, extending from
Rogue River to Ashland. About three-fourths of the county's population lives within five miles
of either side of Interstate 5. There are two urban areas including Medford with a population of
approximately 68,080 and Ashland with a population of 21,485. The economy of Jackson
County is a balance between the timber industry, agriculture, recreation, tourism, manufacturing,
and health services. Historic Jacksonville and Ashland's Shakespearean Festival bring a large
number of tourists into the county throughout the year. The county has a large number of
topographic and geographic features that influence ambulance service in Jackson County.
Mountains, rivers, lakes, streams, and other natural influences all play an important role in
shaping this ambulance plan.
Jackson County is divided into three separate ambulance service areas which are operated by
three ambulance service providers. The ambulance service providers offer advanced life support
emergency medical care and transportation. These providers, the ASA boundaries and other
general information, are described in this ASA plan.
SECTION 3. DEFINITIONS--333-260-0010.
3.1 "Acute Medical Condition" means any condition or symptom of a person that relates to or
represents an imminent risk of death or serious physical injury. "Acute Medical Condition"
includes, but is not limited to:
1. Chest pain or cardiovascular symptoms;
2. Respiratory distress;
3. Head injury, loss of consciousness, seizure or altered mental status;
4. Paralysis or spinal cord injury;
5. Significant abdominal pain;
2
157 Jackson County Ambulance Service Plan SECTION 3
6. Fracture or dislocation;
7. Amputation - except for the very tip of a finger or toe;
8. Significant, abnormal, acute pain;
9. Significant headache;
10. Significant bleeding - not easily controlled with a bandage or gauze;
11. Significant burns - larger than hand-sized or with blistering or charring;
12. Injuries suffered from a motor vehicle crash;
13. Active childbirth with the delivery of a baby, severe labor contractions or the need to
push;
14. Any significant medical condition wherein 911 was activated.
3.2 "Ambulance" has the meaning given that term by ORS 682.025.
3.3 "Ambulance Service" has the meaning given that term by ORS 682.025.
3.4 "Ambulance Service Area (ASA)" means a geographic area that is served by one
ambulance service provider and may include all or a portion of a county, or all or portions of
two or more contiguous counties.
3.5 "Ambulance Service Plan" means a written document that outlines a process for
establishing a county emergency medical services system. A plan addresses the need for and
coordination of ambulance services by establishing ambulance service areas for the entire
county and by meeting the other requirements of these rules. Approval of a plan will not depend
upon whether it maintains an existing system of providers or changes the system. For example, a
plan may substitute franchising for an open-market system.
3.6 "Communication System" is a two-way radio communications between ambulances,
dispatchers, hospitals, and other agencies as needed. A two-channel multi-frequency capacity is
minimally required.
3.7 "Director" means the Director of Health and Human Services for Jackson County.
3.8 "Division" means the Oregon Health Division, Department of Human Services.
3.9 "Efficient and Effective Ambulance Service" means ambulance services provided in
compliance with provisions of this plan regarding boundaries, coordination, system elements,
and provider selection, at a cost that is reasonable in relation to the level of service provided.
3. 1 0"Emergency" means any non-hospital occurrence or situation involving illness, injury, or
disability requiring immediate medical or psychiatric services wherein delay in the provision of
such services is likely to aggravate the condition and endanger personal health or safety.
3
SECTION 3 STREETS, UTILITIES AND PUBLIC SERVICES CODE 158
3.11 "Emergency Care" means the performance of acts or procedures under emergency
conditions in the observation, care and counsel of the ill, injured or disabled; in the
administration of care or medications as prescribed by a licensed physician insofar as any of
these acts are based upon knowledge and application of the principles of biological, physical and
social science as required by a completed course initializing an approved curriculum in pre-
hospital emergency care. However, "emergency care" does not include acts of medical diagnosis
or prescription of therapeutic or corrective measures.
3.12 "Emergency Medical Technician (EMT)" means a person who has received formal
training in pre-hospital emergency care and is state-certified to attend any ill, injured or disabled
person. Police officers, firefighters, funeral home employees and other personnel serving in a
dual capacity, one of which meets the definition of "emergency medical technician" are
"emergency medical technicians" within the meaning of ORS Chapter 682.
3.13 "Emergency Medical Technician Basic" means a person certified by the Division as
defined in OAR 333-265-0000.
3.14 "Emergency Medical Technician Intermediate" means a person certified by the Division as
defined in OAR 333-265-0000.
3.15 "Emergency Medical Technician Paramedic" means a person certified by the Division as
defined in OAR 333-265-0000.
3.16 "First Responder" means a person certified by the Division as defined in ORS
682.025(7)(a) and (b).
3.17 "License" means those documents issued by the Division to the owner of an ambulance
service and ambulance, when the service and ambulance are found to be in compliance with
ORS 682.017 to 682.991 and OAR 333-250-0000 through 333-250-0100 and 333-255-0000
through 333-255-0093.
3.18 "Notification Time" means the length of time between the initial receipt of the request for
emergency medical service by either a provider or an emergency dispatch center ("911 and
the notification of the ASA provider.
3.19 "Owner" means the person having all the incidents of ownership in an ambulance service
or an ambulance vehicle or where the incidents of ownership are in different persons, the person,
other than a security interest holder or lessor, entitled to the possession an ambulance vehicle or
operation of an ambulance service under a security agreement or a lease for a term of 10 or more
successive days.
4
159 Jackson County Ambulance Service Plan SECTION 3
3.20 "Patient," in addition to the meaning given that term by ORS 682.025, means a person
requiring emergent medical evaluation, treatment or transport for an acute medical condition.
3.21 "Provider" means any public, private, or volunteer entity providing emergency medical
care or ambulance service.
3.22 "Provider Selection Process" means the process established by the county for selecting an
ambulance service provider or providers.
3.23 "Public Safety Answering Point (PSAP)" means a 24-hour communications facility
established as an answering location for 911 calls originating within a given service area. A
primary public safety answering point receives all calls directly from the public. A secondary
public safety answering point only receives calls from a primary public safety answering point
on a transfer or relay basis.
3.24 "Response Time" means the length of time between the notification of each provider and
the arrival of each provider's emergency medical service unit(s) at the incident scene or at the
end fo an ambulance access point.
3.25 "Supervising Physician" has the meaning provided in ORS 682.025(18).
3.26 "System Response Time" means the elapse time from when the Public Safety Answering
Point (PSAP) receives the call until the arrival of the appropriate provider unit(s) on the scene.
(Ord. No. 2001-16. Passed 8-22-01.)
SECTION 4. AMBULANCE SERVICE AREAS.
Jackson County is divided into three separate Ambulance Services Areas. Maps depicting
boundaries of the ASAs, Appendix #1; ASA Response Times, Appendix 42; and the 911 law
jurisdiction boundaries, Appendix 93, are a part of this plan. Larger and more detailed maps are
on file in the Jackson County Information Technology Department G.I.S. Section and the Health
and Human Services Department.
4.1 Boundary Descriptions
Ambulance Service Area No. I
Includes the City of Rogue River and the area of Wimer. Response times are suburban for
Rogue River, and along Interstate 5. The rest of the ambulance service area has rural response
times, frontier or Search & Rescue response times.
5
SECTION 5 STREETS, UTILITIES AND PUBLIC SERVICES CODE 160
Ambulance Service Area No. 2
Includes Medford, Central Point, Jacksonville, Phoenix, Gold Hill, Ruch, Applegate, White
City, Eagle Point, Shady Cove, Butte Falls, Prospect and Union Creek. Urban response times
apply to Medford and Central Point. Suburban response times apply to Phoenix, Jacksonville,
White City and Eagle Point. Semi-rural response times apply to Gold Hill and Shady Cove. The
remainder of the area has rural, frontier and Search & Rescue response times.
Ambulance Service Area No. 3
Includes Ashland, Talent, Colestine, Pinehurst and Mt. Ashland. This area has an urban response
time for Ashland and a suburban response time for Talent. The remainder of this area has rural,
frontier and Search & Rescue response times.
4.2 Boundary and Response Time Maps (See Appendix 41 and 42)
These maps represent the boundaries of the three ASAs and "Provider Response Time" which
includes notification time, roll out time and provider response time. Response times may be
subject to the variables of access, weather, road and traffic conditions as well as other
circumstances.
4.3 911 Districts (See Appendix 43), Fire Districts (See Appendix 94) and Incorporated Cities
(See Appendix 42)
A. Attached is a map showing 911 prefix boundaries. There are a total of 13 fire districts
dispatched from two different locations. RVCCOM dispatches for Medford and Ashland.
Southern Oregon Regional Communications (SORC) dispatches for the rest of the county.
Providers may dispatch their own ambulances.
B. There are 11 incorporated cities within Jackson County, including Ashland, Medford,
Phoenix, Talent, Jacksonville, Central Point, Gold Hill, Rogue River, Shady Cove, Eagle
Point, and Butte Falls. These can be seen on all the maps attached to this plan.
C. In addition to the fire departments of the cities of Medford, Ashland, Jacksonville,
Phoenix and Butte Falls, there are 9 rural fire departments in Jackson County: Applegate,
Colestine, Evans Valley, Fire District #3, Fire District #4, Fire District #5, Lake Creek,
Medford Rural #2, Prospect, Rogue River, and parts of the Williams Fire District. The
remaining portion of the county is served by ranger districts, including the Applegate
Ranger District, the Ashland Ranger District, Prospect Ranger District, and Tiller Ranger
District.
6
161 Jackson County Ambulance Service Plan SECTION 5
4.4 Alternatives Considered to Reduce Response Times
Heavily forested, mountainous terrain and severe winter weather conditions present difficult
access and long response time to ground ambulances. In those situations, when an urgent
response is indicated, in addition to notifying the ASA provider the ASA provider may elect to
call the nearest appropriate rotary-wing air ambulance or other special response teams.
In some instances, for various reasons, an ambulance service provider from an adjoining
county's ASA could respond quicker to an incident. This would be covered under a signed
Mutual Aid Agreement and would be at the discretion of the ASA provider.
All pre-arranged non-emergency transfers and inter-facility transfers will be provided by the
ASA provider in the area the transfer originates.
SECTION 5. SYSTEM ELEMENTS--333-260-050.
5.1 Notification Time and Response Time (OAR 333-260-050 (2) (a) (b)and (c))
A. Notification time is defined above in Section 3.18. The maximum notification time
shall be 2 minutes at least 90% of the time.
B. Response time is defined above in Section 3.24. The following standards are adopted
for response times:
7
SECTION 5 STREETS, UTILITIES AND PUBLIC SERVICES CODE 162
1.
Zone Response Criteria
Time
Search & 4 hours Primarily forest, recreation or wilderness lands not
Rescue accessible by paved roads and with less than 6
persons per square mile. Response Time applies for
ASA provider vehicle access only.
Frontier 2 hours 6 or fewer persons per square mile and accessible by
maintained roads.
Rural 45 minutes More than 10 miles from Medford and Ashland City
Hall, and a population of greater than 6 persons per
square mile
Semi- 20 minutes The urban growth boundaries of Gold Hill and
Rural Shady Cove. Also includes those portions of Galls
Creek, Sardine Creek, and Hodson Roads within
Fire District 41 and on paved roads.
Suburban 15 minutes Within 10 miles of Medford City Hall and Ashland
City Hall (and on paved roads) and the city of Rogue
River. Also I-5 from the Josephine County line to
exit 12 south of Ashland (except those areas within
urban response zones). Includes Jacksonville, Eagle
Point Phoenix, Talent and White City. Includes the
Jackson County Expo. Includes all areas within Fire
District # 1 along paved roads.
Urban 10 minutes Within the urban growth boundaries of Ashland,
Medford and Central Point.
Other Includes a buffer on paved roads of 500 feet.
Key • Ashland - urban zone is an exception to the
Areas trauma rules (is not a population center of
50,000 persons or more). Under State trauma
rules it would be rural.
• I-5, Siskiyous, Hwy 140, Hwy 66, Hwy 62 and
other roads outside the valley may experience
weather / road conditions that may interfere
with normal driving conditions and extend
response times.
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163 Jackson County Ambulance Service Plan SECTION 5
2. Arrival at the Scene: ASA Ambulance:
Urban - 10 minutes, 0 seconds or less 90% of the time
Suburban - 15 minutes or less 90% of the time
Semi-rural - 20 minutes or less 90% of the time
Rural - 45 minutes or less 90% of the time
Frontier - 2 hours or less 90% of the time
Search & Rescue - 4 hours or less 901/'o of the time
C. System response time is defined in Section 3.26. System response times are the sums
of Ambulance response times plus a maximum of two minutes for notification time.
For the purpose of this plan, urban areas are the cities of Ashland, Central Point, and Medford.
Suburban areas include Eagle Point, Jacksonville, Phoenix, Rogue River, Talent, White City,
and contiguous areas as shown on the map referenced in Section 4.2. Semi-rural communities
are Gold Hill and Shady Cove. Rural areas include Colestine, Brownsboro, Lake Creek,
Pinehurst, Ruch, Trail and portions of the Applegate, and contiguous areas as shown on the map
referenced in Section 4.2. Frontier areas are those which are not urban, suburban, semi-rural, or
rural, and include the communities of Butte Falls, Prospect, and Union Creek. Search & Rescue
areas are federal and wilderness lands and other lands as shown on the map referenced in
Section 4.2.
5.2 Level of Care. Providers of ambulance service shall provide, at the minimum, paramedic
level of care meeting the requirements of OAR 333-255-072.
Emergency Medical first responders are those arriving at the scene to render emergency medical
aid usually before the transporting agency is on the scene.
A. EMTs with agencies not normally providing transport but dispatched to provide
emergency medical care to calls in their area. The quality assurance will be monitored by
the supervising physician. Problems may be reported to the QA Committee for review.
5.3 Personnel. When operating an ambulance in Jackson County, all providers shall meet the
requirements of ORS 682.025 to 682.991 and OAR 333-255-070(1) and/or OAR 333-255-
071(1) through OAR 333-255-072(1).
5.4 Medical Supervision. All EMTs utilized by EMS agencies shall be supervised by a
Supervising Physician as defined in Section 3.25. The supervising physician:
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SECTION 5 STREETS, UTILITIES AND PUBLIC SERVICES CODE 164
A. Shall issue, review, update, and explain standing orders to First Responders and
EMTs.
B. Ascertain that First Responders and EMTs are certified and in good standing with the
Oregon State Health Division.
C. Coordinate continuing education activities.
D. Review on a regular basis EMT and First Responder practices by:
1. Direct observation of field performance;
2. Review of pre-hospital care reports;
3. Overseeing the Jackson County Continuous Quality Improvement Plan; and
4. Reviewing cases with individual EMTs and First Responders.
E. Shall choose the manner in which these duties and responsibilities are best carried out.
5.5 Patient Care Equipment. Patient care equipment must meet or exceed the Oregon Health
Division's requirements as specified in ORS 682.017 to 682.991 and OAR 333-255-0070(2), (3),
(5) or (7) through OAR 333-255-0073 and the standing orders, policies and protocols for
emergency pre-hospital care for the licensing of that vehicle. The ambulance service provider
shall maintain a list of equipment for their ambulances, which shall be furnished to Jackson
County or QA Committee upon request.
5.6 Vehicles. All ground ambulances in Jackson County shall meet or exceed the
requirements set forth in ORS 682.015 to 682.991 and OAR 333-255-000 through 333-255-079,
and shall be currently licensed. In addition to the requirements of ORS and OAR, all providers
must maintain a detailed history of maintenance for transporting vehicles. These vehicles shall
undergo, at a minimum, an annual inspection by a competent mechanic who shall prepare a
report on forms to be provided or approved by the Director. The maintenance records shall be
open to inspection by Jackson County.
5.7 Training. Rogue Community College, with facilities in both Medford and Grants Pass, is
the primary educational facility for EMT Basic, Intermediate and Paramedic training.
Recertification and continuing medical education is provided through in-house training
programs and seminars that are sponsored by local medical operations. All providers in the
county shall comply with continuing medical education and recertification standards set by the
Oregon State Health Division. The local hospitals and ASA providers are encouraged to
participate in the training.
5.8 Quality Assurance and System Development.
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165 Jackson County Ambulance Service Plan SECTION 5
A. Pre-hospital Quality Assurance. Pre-hospital quality assurance is a system designed
to ensure that the medical care and transportation rendered to patients is both safe and
appropriate and that such care meets professional and local standards. The guidelines of
care shall comply with state statutes and administrative rules, and current standing orders
and scope of practice as set by the agency's supervising physician, in accordance with the
Oregon State Health Division and the Oregon State Board of Medical Examiners.
Guidelines included in the Area Trauma Plan shall also be considered. In-house quality
assurance programs shall cooperate with hospital or Area Trauma Advisory Board
(ATAB-5) quality assurance committees.
All quality assurance procedures shall protect the confidentiality of patient records.
Quality assurance process and records are to comply with ORS 192.525 through ORS
192.530, ORS 192.610 through ORS 192.685, and ORS 41.685 federal HIPPA regulations
and shall be protected from public disclosure to the extent allowed by law. All charts will
be kept confidential and treated as privileged information.
B. Quality Assurance (QA) Committee. A Quality Assurance Committee shall be
formed, the purpose of which is to review pre-hospital care to assure that appropriate, safe
and quality care and transport is delivered to Jackson County residents. The QA
Committee shall review complaints of violations of the ASA plan referred by the Director
Health and Human Services and review dispatch processes and times and may make
recommendations for revisions to this plan, as needed. It will meet at least quarterly to
review pre-hospital EMS activities and submit necessary requested reports to the Director
and the Jackson County EMS Committee.
C. Quality Assurance Committee Membership. Members of the QA Committee shall be
appointed by the Jackson County Board of Commissioners. Committee membership shall
be made up of the EMS physician supervisor(s); four EMTs, two from transporting
agencies and two from non-transporting agencies; one emergency department RN; one 911
representative; and one Health and Human Services staff member.
D. Quality Assurance Standards. All Jackson County ambulance service providers shall
comply with the Jackson County ASA Plan, including but not limited to conducting
ongoing peer review and quality assurance activities. The goals for the delivery of pre-
hospital care to Jackson County residents are:
1. All emergency pre-hospital care is accessed by utilizing the emergency 911
number;
2. The 911 dispatcher correctly identifies the medical problem and utilizes the
dispatch system to initiate the appropriate level of response;
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SECTION 5 STREETS, UTILITIES AND PUBLIC SERVICES CODE 166
3. The pre-hospital care providers perform correct assessments and initiate
appropriate treatment and transport; and
4. The pre-hospital care providers notify the receiving hospital of the impending
arrival of the patient. This notification is completed in a timely fashion.
E. Quality Assurance Screens. To assure consistency of review of potential problem
areas in emergency pre-hospital care, generic indicator screens will be used to determine
quality assurance. These indicator screens are listed below:
1. Inappropriate response and/or scene times: Please refer to Section 5.1;
2. Patient transport refusals resulting in adverse consequences;
3. Inappropriate application of protocols or noncompliance with on-line medical
control;
4. Patient deaths (pre-hospital and emergency department deaths when treated or
transported by a pre-hospital care provider);
5. Equipment failures;
6. Selected emergency medical instructions; i.e, CPR by dispatch center;
7. Selected cases referred by supervising physicians, agencies, or public complaints
where potential problems may exist in any aspect of prehospital care; and
8. Complaints registered by patients, members of the public, or providers.
F. Data Sources for Quality Assurance. The following data sources will be used in
determining quality assurance:
I . Quality assurance reports from physician supervisors and agencies;
2. 911 center records and tapes;
3. Pre-hospital care reports;
4. Complaints;
5. Incident reports;
6. Hospital medical records;
7. Autopsy reports;
8. Generic indicator screens;
9. Vehicle and equipment manufacturer guidelines;
10. Law enforcement reports;
11. Fire department reports;
12. Agencies' response time records;
13. Agencies / 911 center dispatch / response time records.
G. Emergency Medical Services (EMS) Committee. An Emergency Medical Services
Committee shall be formed, the purpose of which is to review all aspects of emergency
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167 Jackson County Ambulance Service Plan SECTION 5
medical services in Jackson County with the exception of issues involving quality of
individual patient care. This task includes review of the activities of EMS agencies
throughout Jackson County relative to their adherence to the ASA plan. The EMS
Committee may recommend changes to the plan, review boundary changes, make
recommendations on response time changes, review local ordinances as to their adherence
to the Jackson County ASA plan, review rates, and make findings and recommendations to
the Director & Human Services.
H. EMS Committee Membership. Committee membership shall be made up of the EMS
physician supervisor(s); one representative from each of the following agencies: (a)
agencies that respond to emergency medical calls in Jackson County, (b) hospitals in
Jackson County, and (c) PSAPs in Jackson County; and one member of the staff of the
Department of Health and Human Services.
1. Authority of Board of Commissioners. The Board of Commissioners has the final
authority to act upon all recommendations forwarded to the county by the EMS or QA
Committee. A chart depicting the ASA plan advisory structure is attached hereto as
Appendix #5.
J. Quality Assurance Review and Suspension or Revocation of Assignment.
1. Complaint Investigation. The Director & Human Services (Director) shall
investigate all complaints and violations of the county ASA plan. If upon the
conclusion of the investigation the Director determines that an ambulance service
provider has not met the minimum standards set forth in this plan, the noncomplying
provider shall be notified. The Director shall develop a corrective action plan and time
schedule for corrections. The provider shall have up to 30 days to make the necessary
changes ordered by the Director. If the provider fails to make the necessary changes as
directed, the Director shall either order the issuance of a citation for violation of a
county ordinance or refer the matter to the Board of Commissioners with a
recommendation for corrective action which may include suspension or revocation of
the ASA assignment.
If there is a threat to public health or safety, the Director may take immediate action
against a noncomplying provider.
2. Suspension or Revocation of Assignment. Upon a recommendation of the
Director, or upon its own motion the Board of Commissioners may suspend or revoke
the assignment of an ASA upon a finding that the provider has:
a. Violated provisions of the contract between the ASA Provider and the
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SECTION 6 STREETS, UTILITIES AND PUBLIC SERVICES CODE 168
county, a county ordinance, the Jackson County ASA Plan or provisions of State
or Federal laws and regulations;
b. Materially misrepresented facts or information given in the application for
assignment of an ASA or as part of the review of performance on the part of the
provider; or
c. Endangered or is endangering the health and/or safety of the public or
people requiring emergency medical services.
In lieu of suspension or revocation of the assignment of an ASA, the Board of
Commissioners may order that the violation be corrected and make the suspension or
revocation contingent upon compliance with the order within the period of time stated.
Written notice of the Board's action shall be provided to the holder of the assignment
which shall specify the violation, the action necessary to correct the violation and the
date by which the action must be taken. If the holder of the assignment fails to take
corrective action within the time required, the Board shall notify the holder that the
assignment is suspended or revoked upon receipt of the notice.
A person receiving a notice of the suspension, revocation or contingent suspension or
revocation of an ASA may request a hearing by filing with the Board a written request
for a hearing within 14 days of the decision, setting forth the reasons for the hearing
and the issues proposed to be reviewed. The filing of a hearing request shall stay the
action, pending the hearing and final determination of the decision, unless a change is
required due to an immediate hazard to public safety or welfare. The hearing shall be
held pursuant to the procedures set out in Section 7.5(D) of the plan. Within 14 days
of the conclusion of the hearing, the Board, or if the Board appoints a Hearings
Officer, the Hearings Officer, shall affirm, reverse or modify its original decision.
If the ASA assignment is suspended, the Board of Commissioners will appoint an
interim provider or providers until the suspension is lifted. If the ASA assignment is
revoked, the Board of Commissioners will appoint an interim provider or providers to
serve until a permanent provider is assigned to the area. Applications for the
ambulance service area will be taken in the same manner as set forth in Section 7 of
this plan.
SECTION 6. COORDINATION.
6.1 Entity That Will Administer and Revise ASA Plan. The Director will administer the ASA
plan. The EMS and /or QA Committee will make recommendations for changes in the ASA plan
to the Director, on or before October 15 of each year. The Director will consider the
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169 Jackson County Ambulance Service Plan SECTION 6
recommendations of the committee(s) and will make recommendations for changes in the ASA
plan to the Board of Commissioners. Once each year, if necessary, amendments to the plan will
be adopted in the manner of a non-emergency ordinance, after consultation with interested
persons, cities and districts, as provided in ORS 682.062.
6.2 Ambulance Service Delivery Complaints. Any agency which receives a complaint from
the public, or identifies a potential problem with any aspect of the pre-hospital care system, shall
notify the Director. The Director shall investigate the complaint as set out in Section 5.8(J) and
may refer the matter for further study to either or both the QA or the EMS Committees.
6.3 Mutual Aid Agreements.
A. All ASA providers will be required to sign a Mutual Aid Agreement with all Jackson
County ASA providers and respond in accordance with the Mutual Aid Agreement. All
requests for mutual aid will be made through the appropriate PSAP center.
B. In the interest of achieving the lowest response time and taking into consideration
location, access and weather, adjoining ASA providers may enter into mutual aid
agreements that in effect slightly modify ASA boundaries. These signed agreements shall
be submitted to all affected Dispatch Centers, SORC and the Director.
6.4 Disaster Response.
A. County Resources.
Coordination: All responding resources shall respond and operate under the National
Interagency Incident Management System (NIIMS) incident command system. An
incident command system will be established by the first arriving units and will be
expanded as the need dictates. All additional incoming units shall respond, stage, and
carry out assigned tasks at the direction of the Incident Commander.
Terrorism Response: As there are a variety of "terrorism" agents that can be used to cause
disease, disability, or death, patient care and personal protection of responders may vary
greatly. Many of these agents require extensive personal protective equipment and
procedures to prevent harm to EMS staff and contamination of response/transport vehicles
and equipment. For these reasons, incidents involving suspected or confirmed terrorism
agents will result in staging of medical units, with care and transport under direction of the
Incident Commander on scene. EMS staff will provide care and transportation only after
patients have been decontaminated and declared by HazMat or the on scene Incident
Command to be safe for transport.
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SECTION 6 STREETS, UTILITIES AND PUBLIC SERVICES CODE 170
Details regarding Jackson County's response to terrorism are located in the Jackson
County Emergency Operations Plan under Annex W "Emergency Response to Terrorism"
and Annex Y "Bioterrorism".
Communication: All disaster medical dispatch communications shall be coordinated
through the lead dispatch center.
Triage: All responding units assigned triage responsibilities shall utilize S.T.A.R.T.
procedures as outlined in the Jackson County Emergency Medical Services Standing
Orders. Generally, a Triage Group Supervisor will be assigned the function and report
directly to the Medical Branch Director.
Transportation: The coordination of the transportation of injured patients shall be
coordinated under the incident command system. Generally, a Transportation Group
Supervisor will be assigned the function and report directly to the Medical Branch
Director.
B. Special Resources. All emergency medical services dispatchers shall have a current
list or a centralized contact point to request available police, fire, first responders, air and
ground ambulances, and special responders for extrication, water rescue, and hazardous
materials incidents, as well as protocols for their use.
C. Mass-Casualty Incident Plan(s). The procedures for management of mass casualty
incidents conform to the NIMS system to provide standardization of organization
structure, definitions of terminology, areas of responsibility, and operational procedures.
6.5 Personnel and Equipment Resources.
A. All emergency medical services dispatchers will have a list of routinely available
police, fire responders, air and ground ambulances, quick response teams and special
responders for extrication, search and rescue, water rescue, hazardous materials incidents,
out of county resources and protocols for their use. A list of equipment resources will be
updated as needed and sent to all emergency medical dispatchers.
B. In an incident requiring additional or specialized personnel and equipment, the
Incident Commander(s) on the scene shall make the request to the appropriate dispatch
agency through the designated communications command frequency. The request shall
include, but is not limited to:
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171 Jackson County Ambulance Service Plan SECTION 6
1. Type of resource(s) needed;
2. Location of staging;
3. Approximate number of personnel required;
4. Extent of incident; and
5. Medical care responsibility assignment.
C. Each resource provider shall assume the medical care responsibility as directed by the
Incident Commander. Coordination of these resources with the ASA provider will be
accomplished through the Incident Commander and the primary dispatch center for the
incident.
6.6 Emergency Communications and Systems Access.
A. Telephone Access. All residents and visitors within Jackson County can access
emergency medical services by calling 911. There are two 911 PSAPs (Public Safety
Answering Points) in Jackson County. The PSAPs provide centralized reception and direct
dispatch or call relay for emergency medical response.
B. Dispatch Procedures.
1. The dispatching of emergency medical resources will be based on the emergency
medical dispatch card system which includes pre-arrival patient care instructions.
2. All emergency medical dispatchers in Jackson County will be trained in the
Emergency Medical Dispatch protocol, or its equivalent. Any newly hired emergency
medical dispatcher will be trained within one year of employment, based on class
availability. Annual refresher courses are obtained through certified in-house
employees, the local community college, and regional training provided by the Board
of Public Safety Standards and Training.
3. All 911 Centers and EMS agencies shall utilize a standardized priority dispatch
system. The standardized system shall be defined by the EMS Committee.
4. In cases of special injury or illness, the information is given to the appropriate
transporting agency for their determination of the need of special resources or
personnel. The PSAP will also advise the transporting agency of any EMED
instructions utilized on the call for service.
5. All of the transport providers utilize radio pagers and monitors to alert the
ambulance crews. If the primary ambulance service does not respond within 10
minutes of notification, the EMT on the scene may request the closest alternate
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SECTION 6 STREETS, UTILITIES AND PUBLIC SERVICES CODE 172
provider to respond. If there is no EMT on the scene, the primary dispatch center may
dispatch the closest alternate provider. In any event, the lack of response within 15
minutes will dictate the dispatch of the closest alternate provider. These cases will be
documented and the Director of Health and Human Services will be notified. This
standard does not preempt the prerogative of the EMT on the scene to initiate
immediate transport or to request additional ambulance transport based on patient
assessment.
6. The content of the dispatch order to the responding crews shall consist of:
a. Location of medical emergency
b. Nature of the medical emergency
c. Specific or special instruction or information (EMEDS in progress, trapped
subject, hazardous materials, etc.)
7. Each EMS dispatch agency shall maintain unit status which shall include:
a. Time alarm received
b. Time in route to call
c. Time of arrival at the scene
d. Time of patient transport to hospital
1) Name of hospital
2) Code response
e. Time of arrival at hospital
f. Other unit status information
1) Out of service
2) Return to service
C. Radio Communications System.
1. Radio pagers, portable radios, and mobile based communications are used for
communication between ambulance crews and their departments or dispatch centers.
2. All ambulances will be equipped with a minimum of a 60-watt multi-channel
radio. All ambulances will have Med Net primary (155.340) and Med-Net secondary
(155.400) frequencies. Each ambulance crew will have a minimum of one five-watt,
hand-held radio with a minimum of two-channel capability. The portable hand-held
radios will have at a minimum Med Net primary (155.340) frequency.
3. All of the Jackson County ambulance providers shall use the Med Net primary
frequency (155.340) to contact the receiving hospital. The Med Net primary can also
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173 Jackson County Ambulance Service Plan SECTION 7
be used for on-line medical control, if needed, and to contact Southern Oregon
Regional Communications (SORC) or RVCCOM for the trauma status of Providence
Hospital and Rogue Valley Medical Center.
4. The transporting unit within Jackson County shall contact the receiving hospital
prior to arrival to provide patient information. The content of the report shall include
the following when at all possible:
a. Ambulance Transport Identification
b. Name of EMT and EMT level
c. Age and gender of patient
d. Chief complaint
e. Vital signs and time taken
f. Treatment already delivered
g. Estimated time of arrival
5. Dispatch centers shall have radio consoles/base stations capable of transmitting
and receiving on Frequency 155.340 and 155.400. Access to emergency medical
dispatch centers shall be limited, if possible, to authorized personnel only.
SECTION 7. PROVIDER SELECTION AND BOUNDARY CHANGES.
7.1 Assignment of Ambulance Service Areas.
A. No person shall provide ambulance service in Jackson County unless an ambulance
service area has been assigned to that person pursuant to this plan. This does not preclude
a first responder's need to transport a patient immediately due to an existing critical time
frame in obtaining advanced patient care.
B. This plan does not apply to providers of air ambulance services, or to vehicles or
providers listed in ORS 682.035 on the date this plan was adopted.
7.2 Maintenance of and Reassignment of Ambulance Service Areas.
A. Each ambulance service provider will submit updated information to the Health
Director no later than March 1 of each year. The updated information shall be
provided on a form to be supplied by the Health Department, which shall require
copies of current vehicle licenses, rates, a financial statement, certification of
insurance, a mechanic's inspection report personnel certifications, and other
documents deemed necessary by the
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SECTION 7 STREETS, UTILITIES AND PUBLIC SERVICES CODE 174
Director. The Director will make a report to the Board of Commissioners at a later time if
requested.
B. Any changes in a providers resources or equipment shall be immediately reported to
the Director, who shall transmit the information to the Quality Assurance Committee and
the Jackson County Emergency Management Division for inclusion in the Jackson County
Emergency Operations Plan Resource List. The Jackson County Emergency Management
Division will disseminate resource information to the committee upon the Quality
Assurance Committee's request.
7.3 Application for Ambulance Service Area.
A. Not less than 180 days prior to the expiration of the assignment of an ambulance
service area, the Director of Health and Human Services shall notify such holders of
ambulance service areas of expiration. The Director will also notify all interested parties
and shall post a notice in at least 3 locations throughout the ASA and in the newspaper of
the highest circulation in the ASA that the ASA assignment is to expire. Letters of intent
to serve the ASA must be submitted to the Director by 120 days prior to the expiration of
the ASA assignment. If the current ASA provider is the only entity intending to serve the
ASA, a formal application process will not be required. The ASA provider must provide
information that demonstrates the provider has and will continue to meet and/or exceed the
ASA plan requirements. If at least one letter of intent is submitted by an entity other than
the current ASA provider, each entity shall submit an application that shall include, at a
minimum, the information required by Section C of this section. The application(s) shall
be submitted no later than 5:00 p.m., 60 days prior to the expiration date. The review of
the application and assignment of the ambulance service area shall be in accordance with
this Section and Section 7.5 of this plan. Competing applicants will be required to post a
bond on or before the date of application submission to qualify for consideration.
B. Each request for a three year extension of assignment shall include a demonstration
that the provider meets or exceeds ASA, State law and administrative requirements.
C. Each application for assignment of an ambulance service area or amended ambulance
service area shall be reviewed for the applicant's conformity with the requirements of
Oregon law and the Jackson County Ambulance Service Area Plan, the need for
significantly improving the efficiency and effectiveness of ambulance service within
Jackson County, and specific review criteria to evaluate the application. Review criteria to
evaluate an application shall include but not be limited to:
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175 Jackson County Ambulance Service Plan SECTION 7
1. Clinical Sophistication
a. Level of care ALS, BLS
b. Equipment vehicles and equipment stock lists
c. Protocols knowledge and availability of pre-hospital EMS protocols
d. Historical performance and compliance with standards
2. Response Time Standards
a. Ambulance location(s)
b. Staffing per shift, in-house and on call
c. Historical performance and compliance with standards
3. Business Practices
a. Management structure job descriptions and qualifications of personnel
responsible for the ASA, including: business/operations manager, training
officer, and supervisors.
b. Vehicles and equipment hardware description of quantity, age and condition
of items to be used, maintenance, and replacement schedules.
c. Insurance coverage at or above state requirements.
d. Billing practices a system that is well documented; and easy to audit,
including third party private parties, overdue, and write-offs.
e. Wage and benefit program for employees.
f. Full cost accounting of a proposed first-year budget, which includes all
resources and expenditures.
g. Full disclosure of all outside costs associated with transport costs, including
billing and compensation arrangements with first responder services and
dispatchers.
h. The amount and extent of any subsidy.
4. Coordination with Emergency Medical Dispatch
a. Notification with dispatch of ambulance status.
b. Communications equipment and personnel.
c. Method of monitoring and reporting of dispatch and response times and
exceptions.
5. Continuing Education
a. Continuing education program that meets or exceeds State certification.
b. Process for the recognition of quality of care problems and the educational
procedure to correct those problems.
c. Cooperation with training facilities to provide internship "ride-along"
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SECTION 7 STREETS, UTILITIES AND PUBLIC SERVICES CODE 176
program for EMT students.
6. Quality Assurance
a. Procedure to provide the Quality Assurance Committee the necessary data
for case reviews, screens, and investigations.
b. Cooperation between quality assurance and management.
c. Historical performance and compliance with standards
7. Mutual Aid Procedures for coordination to include:
a. Neighboring ASA's
b. Standbys
c. First responders
8. Disaster Coordination Procedures to meet disaster responsibilities as described in
the ASA Plan.
9. Safety Net - Process to assure against interruption of service should any of the
following occur:
a. Decreased personnel levels
b. Financial failure
c. Revocation of ASA due to noncompliance
10. The completeness of the application packet, including submission of all required
supporting documentation to verify the information contained in the submitted
application will also be evaluated. The Board of Commissioners, County Health and
Human Services Director, or the designated hearings officer may require all
applicants to submit additional information necessary to make a recommendation or
determination on boundaries or providers. Refusal to submit required information may
result in disqualification of an application for consideration of an ambulance service
area.
C. The assignment of ambulance service areas or an amended ASA shall be
valid for five years from the date of issuance. This assignment may be extended
up to a single three-year period at the discretion of the Board of Commissioners
if the provider exceeds standards outlined in this plan. If a three year extension is
sought, the provider must make a written request for said extension no later than
the 1 st day of July prior to the termination of the original assignment. A full
application shall not be required if the provider exceeds the standards outlined in
this plan. Information documenting such excess of standards shall be submitted
on forms provided by the Health and Human Services Director. If the
assignment is not extended for the additional three-year period or at the
conclusion of that additional period, the assignment of ambulance service areas
may be renewed for
22
177 Jackson County Ambulance Service Plan SECTION 7
additional five-year terms commencing on the 1st day of January pursuant to the ASA
plan. If the county receives an application from another provider requesting to serve the
ambulance service area no less than 60 days prior to expiration of the ASA, then the study
and recommendation process will be followed as set forth in Section 7.5(D). If the
application for assignment is uncontested, the procedure set out in Section 7.5(C) shall be
followed.
D. No less than 30 days prior to any date when the applications for the assignment of an
ambulance service area are due, notice of such application due date shall be posted in three
public places, one of which will be within the ASA, and published at least once in a
newspaper of general circulation in Jackson County.
7.4 Responsibilities of Ambulance Service Area Providers: Subcontracts, Assignments, and
Vacations. Upon assignment of an ambulance service area to a provider in accordance with
Section 7, the provider:
A. Shall conduct its operations in strict compliance with all applicable County, State, and
Federal laws and regulations and the terms of the ordinance and the Jackson County
Ambulance Service Area Plan.
B. Shall not refuse to respond to an emergency call for service if an ambulance is
available for service.
C. Shall not respond to a medical emergency located outside its assigned ambulance
service area except:
1. When the ambulance service provider assigned to the ambulance service area is
unavailable to respond and the provider is requested by the other provider or
recognized dispatch center to respond.
2. When the response is for supplemental assistance or mutual aid, or as part of a
MCI/MPS or disaster.
D. Shall not transfer the assignment of an ambulance service area or part of an
ambulance service area without a 90 day written notice to and approval of the Board of
Commissioners. The written notice shall include an application for assignment of the
ambulance service area submitted by the transferee. The application shall be reviewed in
accordance with Section 7.3(C).
1. A transfer of assignment shall include a sale of the business or transfer of 51
percent of stock in a private or not-for-profit company. A sale of the business to
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SECTION 7 STREETS, UTILITIES AND PUBLIC SERVICES CODE 178
another ambulance provider desiring to continue service in the assigned area is not a
withdrawal from service. If a provider ceases to provide service, the Board of
Commissioners shall appoint an interim provider until a permanent provider is
selected.
2. A provider desiring to withdraw from part or all of an assignment must be able to
prove that because of extenuating circumstances, it is no longer able to provide a
service. Review of reasons for withdrawal will be conducted by the Director in
consultation with the QA Committee if desirable.
E. A provider who withdraws or attempts to withdraw from serving part of an assigned
area without the consent of the Board of Commissioners shall be subject to revocation of
its remaining service area. Revocation procedures will be conducted according to Section
5.8(J) above. Attempted withdrawal from part of the assigned service area is presumed to
be a willful violation of this plan and ordinance. This presumption may be rebutted.
F. An ambulance service provider who has been awarded an exclusive ambulance
service area shall not contract with another provider for service of part of its exclusive area
or for the provision of ALS first response under Section 5.1(B) of this plan without the
written approval of the Board of Commissioners. The written request for permission to
subcontract shall be reviewed in accordance with Section 7.3(B). Subcontracting providers
must meet all of the standards set in this plan, and adhere to all of the requirements set in
this plan. The ASA provider will be responsible for the performance of the subcontractor.
G. An ambulance service provider who has been awarded an exclusive ambulance
service area, may not raise the rates charged for services provided from the rates described
in the application for its service area without the written consent of the Board of
Commissioners. Providers requesting the increase must submit documentation supporting
the increase.
H. The Board of Commissioners may impose a fee upon ambulance service providers to
recover the costs of administration of this plan pursuant to Ordinance 89-11. The amount
of fee, if any, will be determined through the county fee setting process.
7.5 Study and Recommendation Process.
A. In the event that a provider assigned an ambulance service area discontinues service
on or before the expiration of the assignment for any reason, the Director shall set a time
by which an application must be submitted for reassignment of the ambulance service
area. The review of the application and assignment of the ambulance service area shall be
in accordance with this Section, and the assignment shall be for the remainder of the term
unless otherwise specified by the Board of Commissioners.
24
179 Jackson County Ambulance Service Plan SECTION 7
B. Applications for initial assignment to a service area and subsequent requests for
continuation for another five-year term will be reviewed according to this section.
C. If applications for an assignment are uncontested, the following procedures shall be
followed:
1. A draft staff report will be provided to interested parties, who will have ten days
from the date of mailing in which to provide input to staff. Staff will then review
timely comments before forwarding the final staff report to the Board of
Commissioners. Staff may employ specialists as needed to investigate and prepare the
report and recommendations.
2. Staff shall forward the final staff report to the Board of Commissioners who shall
then set a public hearing on the application. Public comments will be solicited and
reviewed by the Board of Commissioners at the public hearing.
3. Notice of the public hearing will be published once in a newspaper of general
circulation within the county at least 10 days prior to the hearing and interested parties
designated in ORS 682.062(2) and (3) will be notified of the hearing time, place and
date.
4. The public hearing will be held.
5. Deliberations will be conducted following the hearing. The Board of
Commissioners will decide whether to accept the application or request for
continuation and assign the ambulance service area to the applicant. The Board may
modify the proposal further based on written comments received, testimony presented
at the hearing and input from staff.
D. The following procedures shall be followed if there is more than one application for
assignment to a service area, if an issue has arisen which could result in suspension or
revocation of an assignment, or if a contested change to boundaries of an ambulance
service area is proposed:
1. The Board of Commissioners may appoint an independent hearings officer to
hear testimony and present recommendations to the Board.
2. Notice of the public hearing will be published once in a newspaper of
general circulation within the county at least 10 days prior to the hearing, and
interested parties designated in ORS 682.062 (2) and (3) will be notified of the
hearing time, place and date. When more than one application is submitted for an
ASA or when
25
SECTION 7 STREETS, UTILITIES AND PUBLIC SERVICES CODE 180
there is an application to change an ASA, competing applicants, interested parties, and
the public may review copies of the application on file in the Board of Commissioners
office.
Competing applicants, interested parties, and the public may provide written
comments on the applications. Written comments should be submitted no later than
4:30 p.m. the day before the date set for the hearing. Written comments must be
provided to the hearings officer, the Board, and the applicant. The applicant then may
submit a written reply to the hearings officer. the Board, and the party making the
comments no later than seven days before the hearing.
3. At the beginning of the hearing, the hearings officer or presiding officer of the
Board of Commissioners will read the following statement of procedure to be
followed at the hearing.
4. The order of hearing will be:
Presentation by staff
Presentation by Applicant #I (determined by a coin toss)(or the provider
proposed for revocation)
Presentation by Applicant #2, if applicable,
Presentation by Applicant #3, etc.
Public testimony by interested parties
Rebuttal by applicant #I
Rebuttal by applicant 42
Rebuttal by applicant #3
Concluding comments by staff, if any
5. Participants may represent themselves or be represented by an attorney or agent.
The hearings officer or chairman of the Board of Commissioners may uniformly limit
the length of testimony.
6. Upon timely request before the hearing, the Board of Commissioners will issue
subpoenas if good cause and general relevance is shown. Payment of witness and
mileage fees is the responsibility of the requestor.
7. The hearings officer or chair of the Board of Commissioners will rule on all
matters that arise at the hearing. The hearings officer will not have authority to make a
final independent determination. The hearings officer will present recommendations
to the Board of Commissioners.
26
181 Jackson County Ambulance Service Plan SECTION 7
8. The burden of presenting evidence to support a fact or position rests upon the
party who proposes that fact or position.
9. All witnesses will testify under oath or affirmation to tell the truth. All witnesses
may be questioned by the hearings officer or members of the Board of Commissioners
that hear the matter.
10. Admissible evidence is that which is commonly relied upon by reasonably
prudent persons in the conduct of their serious affairs. Three kinds of evidence may be
admitted:
a. Testimony of witnesses.
b. Writings, including letters, maps, diagrams and other written material
offered as evidence.
c. Photographs, experiments, demonstrations and similar means used to prove a
fact.
11. Objections to evidence may be made by applicants or County staff on any of the
following grounds:
a. Irrelevant. The evidence has no tendency to prove or disprove any issue
involved in the hearing.
b. Immaterial. The evidence is offered to prove a proposition which is not a
matter in issue at the hearing.
c. Unduly repetitious. The evidence is merely repetitive of what has already
been offered and admitted.
12. Normally, continuances are not granted. However, the record may be left open
for up to seven days to submit additional documents to the presiding officer.
13. Both the Hearings Officer and the Board of Commissioners will render a
decision within 20 days of the closure of the hearing and the record. The hearings
officer will prepare a written recommendation which will include findings of fact,
conclusions of law, and recommendations. If the Board of Commissions has not
appointed a Hearings Officer, it shall prepare an order which must include findings of
fact, conclusions of law and the decision. Each finding of fact shall be supported by
substantial evidence in the whole record. All recommendations and orders will
include:
For ambulance service areas:
27
SECTION 7 STREETS, UTILITIES AND PUBLIC SERVICES CODE 182
a. The nature and purpose of each proposed change in ambulance service areas.
b. An assessment of the impact of each proposed boundary change on the
quality of patient care within the area.
c. An assessment of each proposed boundary change on the cost of providing
care within the area.
d. An assessment of each proposed boundary change on the efficient and
effective delivery of ambulance service in all ambulance service areas.
e. A comparison of the risks and benefits of each proposal.
f. A recommendation to grant or deny a proposal for a boundary change to the
Board of Commissioners.
For applications:
a. A list of competing applicants for the service area.
b. An assessment of each applicant's qualifications to provide ambulance
service.
c. An assessment of each applicant's business plan.
d. An assessment of the quality of care each applicant is proposing.
e. An assessment of the cost of providing the level of care each applicant is
proposing.
f. An evaluation of the described level of service being proposed by each
applicant on the efficient and effective delivery of service in all ambulance
service areas.
g. A comparison of the risks and benefits of each proposal.
h. A recommendation to grant or deny an application to serve an area, or a
recommendation to grant or deny a proposal for change in ambulance service
area providers, to the Board of Commissioners.
The recommendation or order will be mailed to applicants and to those who submitted
a written request for a copy to the Director at the time of the hearing. The Hearings
Officer's recommendation will state when written objections must be filed with the
Director.
14. Final Hearing on Hearings Officers' Recommendation. The final
determination on boundaries, providers and revocation or suspension of an ASA
will be made by the Board of Commissioners at a public hearing. The public
hearing will be scheduled to commence within 30 days of the date of the
Hearings Officers recommendation. Notice will be given as set out in Section
7.5(D)(2). Written objections to the hearings officer's recommendation will be
directed to the Director. Applicants and interested parties who appeared before
the Hearings Officer may make additional arguments before the Board of
Commissioners, but no additional evidence will be taken. The
28
183 Jackson County Ambulance Service Plan SECTION 7
Board of Commissioners will render a decision within 20 days of the closure of the
hearing and the record.
15. All hearings before either the Hearings Officer or the Board of Commissioners
will be recorded by tape recording or videotaping. Tapes will be available upon
payment of the required fee. Tapes will not ordinarily be transcribed by County staff.
16. Appeal of the decision of the Board of Commissioners is to the circuit court by a
writ of review.
E. The fee for the hearings officer will be shared by competing applicants and shall be
paid in full within 30 days of the Hearings Offficer's findings.
7.6 Preference to Qualified Displaced Employees. In the event that the Board of
Commissioners withdraws or suspends the assignment of an ambulance service area and
appoints another ambulance service provider to serve the area, the Board of Commissioners
shall require
the newly appointed provider to give preference to qualified displaced employees for a period of
six months as provided in ORS 682.089.
7.7 Periodic Amendments to Plan.
A. Amendments to this plan may be made by the Board of Commissioners when
necessary.
B. Providers who desire to make minor changes to their ambulance service area
boundaries, may propose such changes in writing to the Director on or before October 15
each year. The procedure set out in Section 7.5(D) will be employed to evaluate proposed
minor boundary changes. The process will be consolidated, if possible, with any other
proposed changes to the plan.
28A
STREETS, UTILITIES AND PUBLIC SERVICES CODE 184
(This page reserved for expansion.)
28B
185 Jackson County Ambulance Service Plan Appendix I
Ambulance Servi*ce Area,
Ambulance Service Areas
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Ashland Fire & Rescue
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Appendix 2 STREETS, UTILITIES AND PUBLIC SERVICES CODE 186
Response Ti*me ones
Medical Response Time Zones
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Appendix 4 STREETS, UTILITIES AND PUBLIC SERVICES CODE 188
F• • •
ire Distric s
Fire Districts
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189 STREETS, UTILITIES AND PUBLIC SERVICES CODE Appendix 5
JACKSON COUNTY
ASA PLAN
ADVISORY STRUCTURE
B.O.C.
COUNTY
ADMINISTRATOR
ASA
SELECTION H.FI.S.
DIRECTOR
ASA
QUALITY - _ r- - - - EMS
ASSURANCE COMMMEE
~t
Appendix 6 Jackson County Ambulance Service Plan 190
MUTUAL ASSISTANCE AGREEMENT
WHEREAS, the parties hereto recognize the real likelihood that emergencies occurring in their
respective ambulance service areas could reach such proportions as to render each of the parties
hereto incapable of effectively dealing with such emergencies with each party's resources.
IN CONSIDERATION of the covenants herein contained, each of the undersigned agrees
to furnish Ambulance, Emergency medical Equipment, and Manpower to any of the other
undersigned when such assistance is necessary and such manpower and equipment is available,
and to receive and transmit such calls as may be received from any and all of the undersigned
when authorized by and transmitted in accordance with the regulations of the Federal
Communications Commission, provided, however, that no party hereto shall be held liable for
any failure, commission, or omission in connection with the receiving or transmission of such
calls. It is agreed that none of the parties hereto shall be liable for damage to property, loss of
equipment, of injury to personnel or for the payment of any compensation whatsoever, arising in
the course of, or as a result of, any assistance or lack of assistance rendered under the terms of
this agreement. The administrative heads of each of the parties to this agreement are authorized
and directed to meet and draft such rules of procedure as shall best accomplish the purposes of
this agreement. Such rules of procedure, being duly agreed upon and ratified by each of the
parties hereto, shall constitute addendum to this agreement.
IN WITNESS WHEREOF, each of the undersigned has caused this agreement to be
signed by its duly authorized officers the day and year hereinafter indicated in connection with
each such party.
CITY OF
ASHLAND
Council Communication
October 18, 2016, Business Meeting
A Resolution for the City of Ashland to Provide
a City Building Two Nights per Week as a Winter Shelter
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY
For the past four years, the City has made Pioneer Hall available for a winter shelter for the homeless,
staffed by volunteers from The Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple
Emek Shalom (Temple). RVUUF and the Temple are interested in continuing this partnership during
the coming winter season and this resolution authorizes use of a city building for a winter shelter for
the homeless two nights per week. Per Council direction. the resolution increases the maximum
number of allowed guests in Pioneer Hall from 30 to 42.
BACKGROUND AND POLICY IMPLICATIONS:
On August of 2013, the City Council adopted a resolution allowing the use of Pioneer Hall as a one-
night-a-week winter shelter for the homeless and establishing conditions and policies governing the
use of the building. On September 3, 2013, Council updated the previous resolution to allow for dogs
in the shelter. In December of 2013, Council authorized approval for an additional shelter night. The
shelter is staffed by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF)
and Temple Emek Shalom (Temple). Nearly all of the conditions and policies in the resolution arose
from recommendations made by the City's risk management staff and our general liability insurance
carrier.
The Temple and RVUUF have verbally indicated a willingness to provide volunteers and take
responsibility for shelter operations this winter if the City provides a building.
On September 6, 2016, the Council held a study session with representatives of the Temple and
RVUUF to discuss potential modifications to the resolution. Per Council direction arising from that
study session, the resolution has been modified to increase the maximum number of allowed guests
and a pioneer Hall shelter night from 30 to 42. The language in section 2.d regarding the requirements
for one male and one female volunteer at each shelter night has also been modified. Also removed
from the resolution are the requirements that dogs in the shelter must remain in crates and that the floor
in areas where dogs are kept must be covered in thick plastic.
FISCAL IMPLICATIONS:
The City pays roughly $400 per month for general liability insurance for using a city facility as a
winter shelter. Money is not specifically budgeted for this purpose in the biennial budget, however the
cost is absorbed by the Insurance Fund.
Page 1 of 2
17 r
CITY OF
AAS H LA N D
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the resolution authorizing the use of Pioneer Hall as a winter shelter two
nights per week.
SUGGESTED MOTIONS:
I move approval of a resolution titled, "A Resolution authorizing the City of Ashland to provide a city
building for a winter shelter two nights per week through April, 2017."
ATTACHMENTS:
Resolution
Page 2 of 2
RESOLUTION NO. 2016-
A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO
PROVIDE A CITY BUILDING FOR A WINTER SHELTER TWO NIGHTS
PER WEEK THROUGH APRIL, 2017
RECITALS:
A. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom
(Temple) wish to partner with the City of Ashland to provide shelter for homeless
community members at a City building two nights per week from November, 2016, through
April, 2017.
B. RVUUF and the Temple will provide volunteers to staff, manage and clean the shelter.
C. The City is willing to provide a building two nights a week to accommodate this proposal in
accordance with the provisions below.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Provision of a Shelter.
Ashland will provide a City building for use as a shelter for homeless community members two
nights per week under the terms and conditions set forth herein.
SECTION 2. Terms and Conditions.
a. This building is offered for the period November, 2016, through April, 2017.
b. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City
from liability for any personal injuries to them.
c. The shelter will be staffed by volunteers from RVUUF and Temple who are certified to
staff an overnight shelter. RVUUF and Temple must provide to the Parks and Recreation
Department written assurance that every volunteer who will staff the shelter is certified to
have completed appropriate training on the emergency plan, mental health plan and
emergency communications for the shelter and has passed criminal background checks.
d. Each night of operation of the shelter, at least one male volunteer and one female
volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. If volunteers of each gender
are not available on a given night, RVUUF or the Temple shall notify the City
Administrator by no later than 3 p.m. of the night of the shelter that the volunteers will be
of the same gender. If the City Administrator is not available, RVUUF or the Temple
shall notify the Director of Ashland Parks and Recreation. If the minimum number or
qualified volunteers are not available for the entire time, the shelter will not be opened
that night.
e. Shelter occupancy will be limited to 42 guests on a first come, first serve basis.
f. Shelter will open at approximately 7:30 p.m. and close the following morning at 7:30
a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave.
g. City insurance requires separate sleeping space be designated for single men, women and
families. A cing-tft
afmr Buildings must have separate restrooms for men and women.
Resolution No. 2016- Page 1 of 3
h. Ashland Parks & Recreation will identify the building to be used and provide access.
The priority from an operational and safety perspective is Pioneer Hall, the Community
Center and the Grove, in that order.
i. No showers or food service will be made available during the hours of operation.
SECTION 3. Shelter Policies.
Operation of the shelter shall, to the greatest extent feasible, comply with the following
guidelines:
a. Shelter services must be provided with dignity, care, and concern for the individuals
involved.
b. The buildings used as a shelter will comply with City, County and State Building, Fire
and Health Codes, unless exemptions have been obtained from the appropriate agencies,
and must be maintained in a safe and sanitary condition at all times.
c. Upon entering the shelter facility each night, each guest must sign in, and sign an
agreement committing to comply with shelter rules, absolving the City and volunteers of
any responsibility for the security of the guest's personal property, releasing the City and
volunteers from all claims of liability for property damage or personal injury arising from
operation of the shelter or use of the City's building and certifying that he or she is
eighteen years of age, or older.
d. No cooking. e secure an ac d.
No drugs, alcohol, or weapons will be allowed in the shelter property at any time.
f. No pets will be allowed in the shelter, except as described in Section 4, below.
g. No disorderly conduct will be tolerated.
h. No threatening or abusive language will be tolerated.
i. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc.
j. Smoking will be restricted to the outdoors in designated areas.
k. All guests should maintain their own areas and belongings in an orderly condition.
1. If a volunteer/staff member accepts any item from a guest for safe keeping at least one
other volunteer/staff member will witness the transaction.
m. Failure to comply with shelter policies may disqualify a guest(s) from future stays.
n. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure
a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning and room
set-up by 8:00 a.m.
SECTION 4. Dogs.
Dogs may be permitted in the shelter under the following circumstances:
a. If taken outside for biological needs, dogs must be leashed.
b. Shelter volunteers are to devise and follow procedures to keep dogs away from each other
and other guests as they are being housed for the night and as they exit in the morning.
c. Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a
dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance
staff.
d. Dogs that become threatening to others or are otherwise unmanageable will be required
to leave the shelter. A P
)e- Shelter volunteers must notify Eckson County Animal Control in the event a dog bite
breaks the skin of an emergency shelter guest or volunteer.
Resolution No. 2016- i Page 2 o 3
Q/
1~r
SECTION 5. This resolution takes effect upon signing by the Mayor.
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.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2016- Page 3 of 3