HomeMy WebLinkAbout2022-07-05 Council MeetingASHLAND CITY COUNCIL
BUSINESS MEETING AGENDA
Tuesday, July 5, 2022
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
rvtv.sou.edu select RVTV Prime.
HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
The Special Business Meeting will be held in Council Chambers, 1175 E. Main Street.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimonv(&ashland.or.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerreauest and return
to the City Recorder.
6:00 PM Regular Business Meeting*
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
Land Acknowledgement**
V. APPROVAL OF MINUTES
1. Study Session of June 6t" 2022
2. Study Session of May 160'2022
Minutes of Boards, Commissions and Committees***
VI. SPECIAL PRESENTATIONS & AWARDS
VII. PUBLIC FORUM
VIII. CITY MANAGER REPORT
IX. CONSENT AGENDA
1. Letter of Support — Oregon Department of Transportation America the Beautiful
Challenge Grant Application
X. PUBLIC HEARINGS
XI. UNFINISHED BUSINESS
XII. NEW AND MISCELLANEOUS BUSINESS
1. Designation of Acting City Attorney
2. November 8t" Election Referendums/Initiatives
XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second Reading of Ordinance No.3211 Relating To Pedicab Operations and Alcoholic
Beverages; Adding New AMC 10.40.050
2. First Reading of Ordinance No. 3210 Relating to Notice of Meetings
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LL 1SONS
XV. ADJOURNMENT OF BUSINESS MEETING
*Items on the Agenda not considered due to time constraints are automatically continued to the
next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)]
**LAND ACKNOWLEDGEMENT
We acknowledge and honor the aboriginal people on whose ancestral homelands we work —
the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native
communities who make their home here today. We honor the first stewards in the Rogue Valley
and the lands we love and depend on: Tribes with ancestral lands in and surrounding the
geography of the Ashland Watershed include the original past, present and future indigenous
inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge
the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now the Ashland City
Plaza.
***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found
at the City's website, httns://www.ashIand.or.us/Agendas.asu . Use the View By box to select
the Board or Commission information you are seeking.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Manager'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).
CITY OF
-1SHLAND
CITY COUNCIL STUDY SESSION
DRAFT MINUTES
Monday, June 6, 2022
Council Chambers,1175 E. Main Street
Mayor Akins called the Council Study Session to order at 5:30 p.m.
Councilors' Hyatt, Moran, DuQuenne and Jensen were present. Councilors' Graham and
Seffinger were absent.
1. Public Input (15 minutes, maximum)
None.
2. Housing and Human Services Commission Report on Severe Weather Event Shelter
Housing Program Specialist Linda Reid gave a Staff Report joined by Housing and Human
Service Commissioners Echo Fields, Joy Fate & Rich Rohde. Reid presented a PowerPoint (see
attached).
Items discussed were:
Housing and Human resource services
Recommendations:
o City Council Request
o Make City Buildings available for emergency purposes
o Funding for a coordinator or a contract with outside agency
o Shelter Coordination
o Discussed Medford thresholds
Council discussed options.
Council thanked Staff for their work.
DuQuenne/Hyatt moved to direct Staff to bring back this item to the business meeting
tomorrow (061712022) to provide money to keep the pallet shelter open for another month.
Discussion: DuQuenne thanked Staff for their work and spoke that she is looking forward to
move forward with the grant and finding a permanent home for the unhoused Community. Hyatt
spoke that the Community is in need of different policies. She thanked Staff for their work and
spoke in support to the motion. Jensen questioned if this is a doable ask to Staff. Mr. Lessard
spoke that Staff will do their best to be prepared and this will need to be an emergency item. Roll
Call Vote: Hyatt, Moran, DuQuenne and Jensen: YES. All Ayes motion passed
unanimously.
3. Mobile Integrated Health Report
Fire Chief Sartain gave a brief Staff Report. Items discussed were:
o Cold Weather Thresholds
o Extreme Heat Thresholds
Council discussed the Mercy Flights program.
4. Look Ahead
Council discussed the Look Ahead.
5. Adjournment
The Study Session was adjourned at 6:50 PM
Respectfully submitted by:
City Recorder Melissa Huhtala
Attest:
Mayor Akins
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).
SEVERE CLIMATE SHELTER
RECOMMENDATIONS
HOUSING AND HUMAN SERVICES COMMISSION
City Council Study Session
June 6, 2022
City Council Request
Work with local partners, stakeholders, and staff to
develop recommendations.
Develop a proposal for how the city will address
weather related emergencies.
Identify the City's role in a severe climate event
Develop threshold recommendations to
comprehensively address all weather -related
emergencies, including:
o Smoke
13 Extreme Heat
0 Exteme Cold
Process Identified in Existing Resolution-
2013-04
Only identifies cold weather parameters (20
degrees or at the City Administrators discretion).
Identifies the CERT coordinator as the lead for
shelter coordination.
Makes City facilities available in case of a severe
cold weather event.
Housing and Human Services Process
The Housing and Human Services Commission formed a
workgroup consisting of three members.
Workgroup met for several months to plan stakeholder
engagement and recommendations.
❑ Researched other City's shelter policies and thresholds.
❑ Researched national weather -related health
recommendations and best practices.
❑ Held two stakeholder input meetings and one shelter
event debrief meeting.
u Worked with staff and the commission to draft the final
recommendations.
Recommendations
Make City buildings available for emergency shelter
purposes even if reservations need to be rescheduled.
❑ Establish agreements with other institutions (SOU, ASD)
for the use of their spaces for sheltering needs.
❑ Develop a commercial kitchen for use during
emergencies, including but not limited to severe
weather emergencies.
The City should set aside funding to pay for a shelter
coordinator, either as part of an existing staff's role or
through a contract with and outside agency.
Recommendations Continued
The City's primary role should be shelter coordination.
The City should establish a Decision -Making Activator Team
with the City Manager as the lead, and include staff from
parks, police, and fire, to help with location identification,
emergency resources and public and regional
communication.
The City should coordinate groups inside and outside the
City during severe weather events and host a site for
communication about volunteers and emergency contacts.
There should be ongoing local and regional coordination to
improve processes and best practices and to coordinate
around regional resources and population needs.
Extreme Climate Event Thresholds
Cold Weather Threshold
32 degrees or below if there are other factors or when the
National Weather Service issues a Weather Warning.
Extreme Heat Threshold
95-100 degrees or above depending on other factors or
when the National Weather Service issues an Extreme Heat
Warning.
Smoke Threshold
150 or above, the designation of "Unhealthy for Everyone.
Questions -Discussion
Thank you!
C I T Y O F
ASHLAND
ae
LEGAL DEPARTMENT
Douglas M. McGeary, Acting City Attorney
Carmel Stout Zahran, Assistant City Attorney
Dana Smith, Administrative Analyst
August 30, 2023
Re: Council Meeting Minutes from 2021 and 2022 not signed
Minutes from council meetings during 2021 and all of 2022 were not signed by former Mayor Akins
and therefore could not be signed by the Recorder as required by ordinance. All minutes listed below
were approved by council, although the original minutes for 2021 are not available. The city
attorney determined a cover letter with a list of the meeting dates missing signatures could be signed
by the present mayor and recorder to meet the signature requirements in AMC 2.04.040(B.).
2021 Meetings
04/05/2021
07/06/2021
11 / 16/2021
04/06/2021
07/19/2021
11/23/2011
04/ 19/2021
07/20/2021
12/ 10/2021
04/20/2021
08/02/2021
12/21 /2021
05/03/2021
08/03/2021
05/04/2021
08/16/2021
05/13/2021
08/17/2021
05/17/2021
09/07/2021
05/18/2021
09/20/2021
06/01 /2021
11 /01 /2021
06/ 14/2021
11 /02/2021
06/ 15/2021
11 / 11 /2021
06/29/2021
11 / 15/2021
2022 Meetings
01/03/2022
04/05/2022
08/01/2022
12/05/2022
01/04/2022
04/19/2022
08/15/2022
12/06/2022
01/18/2022
05/02/2022
09/06/2022
12/19/2022
01/31/2022
05/03/2022
09/19.2022
12/20/2022
02/01/2022
05/16/2022 ,
10/03/2022
02/14/2022
05-17-2022
10/04/2022
02/15/2022
06-06-2022
10/17/2022
02/28/2022
06/07/2022
10/18/2022
03/01/2022
06/21/2022
10/31/2022
03/14/2022
07/05/2022
11/01/2022
03/15/2022
07/18/2022
11/14/2022
City Recorder Melissa Huhtala
LEGAL DEPARTMENT
20 East Main Street Tel: 541.488.5350
Ashland, Oregon 97520 Fax 541.5522092
ashland.or.us TTY: 800.735.2900
Mayor Ton a Graham
. pc • •fin. �.. •.
CITY OF
-SHLAND
CITY COUNCIL STUDY SESSION
DRAFT MINUTES
Monday, May 16, 2022
HELD HYBRID - Council and some City Staff will be live in the Council Chambers,1175
E. Main Street. Citizens and presenters will be joining via zoom
View on Channel 9 or Channels 180 and 181 (for Charter Communications customers)
or live stream via rvtv.sou.edu select RVTV Prime.
Written and oral testimony will be accepted for public input. For written testimony, email
gublic-testimonyna.ashland.or.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerrequest and return
to the City Recorder. The deadline for submitting written testimony or speaker request forms
will be on Monday, May 16"d at 10 a.m. and must comply with Council Rules to be accepted.
Mayor Akins called the Study Session to order at 5:30 p.m.
Councilors' Moran, Hyatt, DuQuenne and Graham were present. Councilors' Seffinger
and Jensen were absent.
1. Public Input (15 minutes, maximum)
None.
2. Economic Development Round Table Business Owner Discussion
City Manager Joe Lessard gave a Staff Report.
Business Participants were:
Don Anway, Neuman Hotel Group
Hiram Towle, Mt. Ashland
Eric Weisinger, Weisinger Family Winery Retail/Restaurant
Lisa Beam, Pie + Vine and Skout Tap House
Anne Robison, Crown Jewel
Will Johnson, Ashland Fly Shop Real Estate/Development
Mark DiRienzo Light Manufacturing
Jordan Willing, Blue Marble
Eric Hansen, True South Solar
Items discussed were:
• What is the Sense of the Ashland Business Community Looking Forward?
• How has the pandemic and/or cost of doing business changed the business environment?
• What is the changing landscape of Ashland's tourism?
• What is the changing landscape for real estate (residential & commercial markets)?
• Where do you see growth opportunities for the local/regional economy?
• How Can We Build Economic Resilience?
• What are our risks/weaknesses going forward?
• What are our strengths/opportunities going forward?
• What can the City of Ashland do to support the local economy?
3. Look Ahead
Council Discussed the Look Ahead
4. Adjournment
The Study Session was adjourned at: 8:00 PM
Respectfully Submitted by:
City Recorder Melissa Huhtala
Attest:
Mayor Akins
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).
C IT Y O F
ASHLAND
a
LEGAL DEPARTMENT
Douglas M. McGeary, Acting City Attorney
Carmel Stout Zahran, Assistant City Attorney
Dana Smith, Administrative Analyst
August 30, 2023
Re: Council Meeting Minutes from 2021 and 2022 not signed
Minutes from council meetings during 2021 and all of 2022 were not signed by former Mayor Akins
and therefore could not be signed by the Recorder as required by ordinance. All minutes listed below
were approved by council, although the original minutes for 2021 are not available. The city
attorney determined a cover letter with a list of the meeting dates missing signatures could be signed
by the present mayor and recorder to meet the signature requirements in AMC 2.04.040(B.).
2021 Meetings
04/05 /2021
07/06/2021
11 / 16/2021
04/06/2021
0 7/ 19/2021
11 /23 /2021
04/ 19/2021
07/20/2021
12/ 10/2021
04/20/2021
08/02/2021
12/21 /2021
05/03/2021
08/03/2021
05/04/2021
08/16/2021
05/13/2021
08/17/2021
05/ 17/2021
09/07/2021
05/ 18/2021
09/20/2021
06/01 /2021
11 /01 /2021
06/ 14/2021
11 /02/2021
06/ 15/2021
11 /11/2021
06/29/2021
11 / 15/2021
2022 Meetings
01/03/2022
04/05/2022
08/01/2022
12/05/2022
01/04/2022
04/19/2022
08/15/2022
12/06/2022
01/18/2022
05/02/2022
09/06/2022
12/19/2022
01/31/2022
05/03/2022
09/19.2022
12/20/2022
02/01/2022
05/16/2022.
10/03/2022
02/14/2022
05-17-2022
10/04/2022
02/15/2022
06-06-2022
10/17/2022
02/28/2022
06/07/2022
10/18/2022
03/01/2022
06/21/2022
10/31/2022
03/14/2022
07/05/2022
11/01/2022
03/15/2022
07/18/2022
11/14/2022
City Recorder Melissa Huhtala
Mayor Ton a Graham
LEGAL DEPARTMENT
20 East Main Street Tel: 541.488.5350 dougmcgeoryeashlandor.us
Ashland, Oregon 97520 Fax 541.552-2092 cormel zahranna ashland.or.us
oshland.or.us TTY: 800.735.2900 dana smithaa oshland.orus RVIAMI,
Council Business Meeting
July 5, 2022
Agenda Item
Letter of Support — Oregon Department of Transportation America the Beautiful
Challenge Grant Application
From
Joseph Lessard
City Manager
Contact
Joe.lessard@ashland.or.us
SUMMARY
Before the Council is a request to approve a letter of support for the America the Beautiful Challenge Grant.
The grant application process being led by the Oregon Department of Transportation (ODOT), is for
planning/engineering funds to develop designs for a new bridge crossing at Neil Creek within ODOT right of
way. The final improvements will benefit fish passage and include a terrestrial path for all animals.
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
The Council has previously approved letters of support for various grant applications.
BACKGROUND AND ADDITIONAL INFORMATION
The America the Beautiful Challenge is a public -private grant program for locally led ecosystem restoration
projects that invest in watershed restoration, resilience, equitable access, workforce development, corridors and
connectivity, and collaborative conservation, consistent with the America the Beautiful Initiative.
The America the Beautiful Challenge coordinates funding from multiple Federal agencies and private
philanthropy into one competitive grant program. This streamlines the application process, enabling larger, more
impactful cross -boundary projects, while making it easier for states, Tribes, territories, local groups, non-
governmental organizations, and others to apply for multiple funds with one application. This one -stop -shop
solicitation is the result of financial contributions from the Department of the Interior, Department of
Agriculture, and Department of Defense, as well as private philanthropy.
In order to reduce the number of wildlife -vehicle collisions along 1-5 and improve connectivity for fish and wildlife
near the Cascade-Siskiyou National Monument, ODOT is requesting $500,000 of America the Beautiful funds to
design a replacement bridge for the existing Neil Creek culvert that will be suitable for native fish and wildlife.
The Cascade-Siskiyou National Monument in Southwest Oregon is the only monument set aside specifically for its
biodiversity, which includes over 300 species of birds, mammals, reptiles and amphibians. Interstate 5 (1-5), a major
north -south highway, bisects a portion of the monument and is a barrier to many species trying to access habitat on
both sides of the highway. Each year, ODOT documents dozens of carcasses along I-5 as a result of vehicle strikes.
Native chinook and steelhead are unable to swim through an existing culvert under the highway, even during ideal
flow conditions. The Oregon Department of Fish and Wildlife lists "Barriers to Animal Movement" as one of seven
Key Conservation Issues (KCIs) outlined within Oregon's State Wildlife Action Plan, the Oregon Conservation
Strategy, which is the overarching state strategy for conserving Oregon's fish and wildlife species (ODFW 2016).
Page 1 of 2
CITY OF
-ASHLAND
FISCAL IMPACTS
The only City associated fiscal impacts for the letter of support are tied to the staff time necessary to bring the item
forward for consideration.
For the proposed project ODOT will be requesting $500,000 as part of the grant application and will provide $1
million in matching funds with $100K of the match coming from private sources. The total cost of the planning and
engineering phase is estimated to be $1.5 million.
STAFF RECOMMENDATION
Staff recommends Council approve the letter of support.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I Move to approve the Mayor sign an American the Beautiful Wildlife Crossing Grant Application letter of
support.
REFERENCES & ATTACHMENTS
Attachment # 1: Letter of Support
Link: America the Beautiful Challenge Background: Background Information
Page 2 of 2
CITY OF
ASH LAN D
July 15, 2022
J. Michael Cline,
Chair of the Board
National Fish and Wildlife Foundation
1133 Fifteenth St. N.W., Suite 1000
Washington, DC 20005
Dear Mr. Cline,
Please accept this letter on behalf of the City of Ashland, Oregon, stating our support for the Oregon
Department of Transportation's (ODOT) America the Beautiful Challenge $500,000 grant entitled "Neil
Creek Fish and Wildlife Passage Design Project" (#76914).
The newly designed Neil Creek underpass wildlife crossing would be on Interstate 5 (1-5) just five miles
south of Ashland and would provide better fish passage for Chinook Salmon, Steelhead, Pacific Lamprey
and Coho Salmon in addition to a new terrestrial wildlife passage at a critical location for wildlife
migration. The current box culvert on Neil Creek is inadequate for fish migrations and the new design
would allow fish to access 2 miles of new spawning habitat up -stream clean, cool water on U. S. Forest
Service land. The completion of this project is also important because it will decrease vehicle -wildlife
collisions on this section of 1-5.
This project supports our local economy that traditionally has higher unemployment than both the state
of Oregon and nation. We have just over 21,500 residents and have been hard hit in the past several
years with wildfire and pervasive smoke for weeks during summer months. Ashland is home to the
Oregon Shakespeare Festival which had to shut for two seasons because of COVID and smoke impacts,
leading to two abysmal tourist seasons. The impact to our tourist economy has been severe both
financially and emotionally. Our community is known for our outdoor lifestyle, proximity to the Pacific
Crest Trail, love of fish and wildlife, and increasing concern for climate change impacts on habitat and
animal movement. The Neil Creek Fish and Wildlife Passage Design Project supports both the culture
and economy of our Ashland community.
Thank you for your fair consideration of this ODOT America the Beautiful Challenge grant. The City of
Ashland fully supports the grant request and looks forward to working with ODOT to assure the planning
and design are right -sized and meet the needs of our southern Oregon community and wildlife
neighbors.
Sincerely,
City of Ashland Mayor
Julie Akins
Council Business Meeting
July 5th, 2022
Agenda Item
Appointment of Interim City Attorney
From
Joseph Lessard
City Manager
Contact
joe.lessard@ashland.or.us
SUMMARY
The City Council is being asked to approve Doug McGeary as Interim City Attorney and authorize the City
Manager to sign an employment agreement between the City of Ashland and Doug McGeary. Doug
McGeary has been acting Assistant City Attorney since July of 2021. The City Attorney works at the
discretion of the City Council in collaboration with City staff to protect the legal interests of the City;
therefore, the appointment requires approval of the City Council.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to confirm the appointment of Doug McGeary as Interim City Attorney and grant the City Manager
the authority to negotiate and sign the Interim City Attorney's contract.
STAFF RECOMMENDATION
City staff recommends the appointment of Doug McGeary as Interim City Attorney until a permanent City
Attorney can be hired. City staff recommends granting the City Manager the authority to sign the agreement
to effectuate the appointment of the Interim City Attorney.
FISCAL IMPACTS
The City Attorney position has funding and existing appropriations are available.
REFERENCES & ATTACHMENTS
Personal Services Contract- Doug McGeary
Page 1 of 1
CITY OF
-AS H LA N D
(PROPOSED) PERSONAL SERVICES CONTRACT
This contract is between City of Ashland, an Oregon Municipal Corporation,
hereinafter called "City", and Douglas M. McGeary, Attorney at Law, LLC,
hereinafter called "Contractor". The panties agree as follows:
1. Contractor's information:
NAME (tax filing): Douglas M. McGeary, Attorney at Law, LLC
ADDRESS: 2 N. Oakdale Ave, Medford, OR 97501
doug@douglasmmcgeary.com
CITIZENSHIP, if applicable:
Non-resident alien ❑ Yes X No
BUSINESS DESIGNATION (check one):
❑ Corporation ❑ General Partnership
❑ Limited Partnership ❑ Governmental/Non-Profit
X Limited Liability Company ❑ Limited Liability Partnership
Sole Proprietorship
Federal Tax ID#: N/A
SSN#: On record with City
(Contractor must provide Contractor's Social Security Number unless it provides a federal T1D number)
Oregon Business License#: N/A
This information herein will be reported to the Internal Revenue Service (IRS) under the name
and taxpayer I.D. number submitted, (See IRS 1099 for additional instructions regarding
taxpayer ID numbers.) Information not matching IRS records could subject Contractor to 31 %
backup withholding.
2. Description of Contractor's Services, Delivery Schedule and
Compenstation: ® Exhibit A Scope of Work
3. Compensation by City: Payment for all work performed under this
contract shall be made as set forth below from available and authorized City
funds, and shall not exceed the maximum sum of Payment for all work
performed under this contract shall not exceed the maximum sum of: See
Exhibit A. Travel and other expenses of the Contractor shall not be
reimbursed by City unless specifically provided herein as a supplementary
condition.
a. Interim payments shall be made to Contractor following City's review
and approval of billings submitted by Contractor. Contractor will also
submit copies of other billings for work performed under the contract when
such bills are to be paid by other parties. These other billings are not subject
to the maximum compensation amount of this contract.
b. Contractor shall not submit billings for, and City will not pay, any
amount in excess of the maximum compensation amount of this contract,
including any travel and other expense when noted below. If the maximum
compensation amount is increased by amendment of this contract, the
amendment must be fully effective before Contractor performs work subject
to the amendment. Contractor shall notify City's supervising representative
in writing 30 calendar days before this contract expires of the upcoming
expiration of the contract. No payment will be made for any services
performed before the beginning date or after the expiration date of this
contract. This contract will not be amended after the expiration date.
c. Contractor shall submit bi-weekly billings for work performed. The
billings shall describe all work performed with particularity, by whom and
on the date it was performed, the number of hours spent performing such
work, and shall itemize and explain all expenses for which reimbursement is
claimed. Billings shall be sent to the supervising representative.
4. Effective Date and Duration: This Contract shall become effective on
July 1, 2022. Unless earlier terminated or extended, this contract shall expire
on June 30, 2023, or when Contractor's completed performance has been
accepted by City, whichever event occurs first. However, such expiration
shall not extinguish or prejudice City's right to enforce this contract with
respect to: (a) any breach of a Contractor warranty; or (b) any default or
defect in Contractor's performance that has not been cured.
5. Contract Documents: This contract between the parties consists ofthis
Personal Services Contract, Scope of Work (Exhibit A), General Conditions
(Exhibit B) Compliance with Applicable Laws (Exhibit C) and the
following attached documents, if checked, which contain all the terns and
conditions of the contract and are incorporated by this reference:
❑ Exhibit D Supplementary Conditions
❑ Exhibit E Required Federal Terms and Conditions
6. Amendments: The terms of this contract shall not be waived, altered,
modified, supplemented or amended, in any manner whatsoever, except by
written instrument signed by the parties.
IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY
AUTHORI EPRES N AT ES HAVE SIGNED THIS
CONTRACT:
Contractor Do cGeary (Date)
Title: Attorney at Ld
City of Ashland City Manager (Date)
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty
of perjury, certifies that (a) the number shown on this form is its correct
taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor
is not subject to backup withholding because (i) it is exempt from backup
withholding or (ii) it has not been notified by the Internal Revenue Service
(IRS) that it is subject to backup withholding as a result of a failure to report
all interest or dividends, or (iii) the IRS has notified it that it is no longer
subject to backup withholding. Contractor further represents and warrants
to City that (a) it has the power and authority to enter into and perform the
work, (b) the Contract, when executed and delivered, shall be a valid and
binding obligation of Contractor enforceable in accordance with its terms, (c)
the work under the Contract shall be performed in accordance with the
highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies
under penalty ofperjury that its business is not in violation of any Oregon tax
laws, and it is a corporation authorized to act on behalf of the entity
designated above and authorized to do business in Oregon or is an
independent contractor as defined in the contract documents, and has
checked four or more of the following criteria:
X (1) I carry out the labor or services at a location separate from my
residence or is in a specific portion of my residence, set aside as the location
of the business.
X (2) Commercial advertising or business cards or a trade association
membership are purchased for the business.
X (3) Telephone listing is used for the business separate from the
personal residence listing.
X (4) Labor or services are performed only pursuant to written
contracts.
X (5) Labor or services are performed for two or more different
persons within a period of one year.
X (6) I assume financial responsibility for defective workmanship or
for service not provided as evidenced by the ownership of performance
.boads,_warranties, errors and omis�on insurance or liability insurance
Council Business Meeting
July 5, 2022
Consideration of potential ballot referendum items for the November 8, 2022, General
Agenda Item
Election, including the following:
• Amendments to AMC Chapter 4.34, Food and Beverage Tax
• City Charter amendment to Article VIII-A, City Manager
From
Joseph Lessard
City Manager
I
Katrina Brown
City Attorney
Contact
ioe.lessard(a_ashland.or.us
katrina.brown ashland.or.us
SUMMARY
This item is for the City Council to consider referring items for the ballot for the November 8, 2022 General
Election.
The City Recorder has received two proposed initiative petitions from the public for the November 8, 2022
General Election. Initiative petitions require signatures of not less than fifteen percent (15%) of the electors
registered in the city at the time the prospective petition is filed to qualify for the ballot. (See ORS 250.305).
The two proposed initiatives are as follows:
1. Amendments to AMC Chapter 4.34, Food & Beverage Tax, to authorize use of the tax for parks
(98%) and tax administration (2%) and extending its expiration date to December 31, 2040.
2. Adoption of a requirement to develop a radiation (EMF) monitoring program for public and
residential spaces.
At its June 21, 2022 Regular Business Meeting, the City Council requested that the first of the two
above -listed initiatives (Item 1) be returned to them for consideration as a potential ballot referendum. Item
1 would require the City Council to approve the proposed amendments to AMC Chapter 3.44 that would then
go to the voters for final adoption at the November 8, 2022 General Election. The City Council would also
need to adopt a resolution to formally send the proposed amendments to the City's Election Officer (the City
Recorder) for consideration at the November 8, 2022 General Election.
To begin approval of the proposed amendments to AMC Chapter 4.34 at the July 5, 2022 City Council
Business Meeting, the Council will need to suspend Council rules to conduct first reading of the proposed
ordinance during that meeting. Second reading of the proposed ordinance could then occur at the upcoming
July 19, 2022 Business Meeting. The formal resolution referring the proposed ordinance to the City's
Election Officer would also take place at the July 19th meeting. If the City Council does not wish to suspend
the rules to conduct first reading at its July P meeting, it will need to wait until the July 19a' meeting to
conduct the First Reading, with Second Reading and adoption of the formal resolution occurring at the
August 2, 2022 Business Meeting.
At the June 14, 2022 Special Business Meeting, the City Manager recommended two potential ballot
referendum items be considered by the City Council for the November 8, 2022 General Election:
Page 1 of 2
C I T Y O F
-ASHLAND
• An alternative ballot measure amending AMC Chapter 4.34, Food & Beverage Tax, to authorize its
use for general government purposes (98%, with not less than 25% of revenues for parks), including
public safety, wildfire prevention, city parks, open space and trails, recreation, senior services, and
emergency event housing purposes. Tax administration would continue to be 2% of revenues.
• Amendment of Article VIII-A, City Manager, of the City Charter to require the City Manager to
oversee and supervise all non -elected City employees, except those designated in the City Charter as
directly appointed by the City Council.
City Council approval of the City Manager's recommended alternative amendments to AMC Chapter 4.34,
Food and Beverage Tax, would also need to follow the same ordinance and resolution process, including the
potential suspension of rules on July 5th, as outlined above for converting initiative Item 1 to a referendum
item for the November 8, 2022, General Election.
FISCAL IMPACTS
The proposed alternative amendments to AMC Chapter 4.34 set forth in proposed Ordinance No. 3212 will
not alter the tax rate or level of revenues collected from of the Food and Beverage Tax. The City Manager's
proposed alternative differs in how the City may use/appropriate the revenues in the City budget.
STAFF RECOMMENDATION
City staff recommends referring the City Manager's recommended ballot measures to public vote at the
November 8, 2022 General Election.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
• I move to approve First Reading of Ordinance No. 3212 relating to the Food and Beverage Tax;
Amending AMC 4.34.020 and AMC 4.34.160 and advance it to Second Reading for referral to a vote
of the qualified voters of the City of Ashland at the November 8, 2022 General Election.
• I move to adopt Resolution No. 2022-21 referring an amendment to Article VIII-A, Section 4, of the
City Charter related to the responsibilities of the City Manager, to the qualified voters of the City of
Ashland for the November 8, 2022, General Election.
REFERENCES & ATTACHMENTS
Attachment 1. Proposed initiative ordinance amending AMC Chapter 4.34, Food and Beverage Tax (this
amendment is based on the proposed initiative identified as Item 1 above in this Council Communication)
Attachment 2. Alternative proposed Ordinance No. 3212 Relating to the Food and Beverage Tax;
Amending AMC 4.34.020 and 4.34.160 (the City Manager's recommended proposal for general government
use)
Attachment 3. Resolution No. 2022-21 for a referendum on Article VIII-A City Manager of the City Charter
at the November 8, 2022 General Election.
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C I T Y OF
-ASHLAND
2022 PROPOSED AMENDMENT TO FOOD AND BEVERAGE TAX ORDINANCE
ASHLAND MUNICIPAL CODE CHAPTER 4.34—TAX IMPOSED
SECTIONS:
4-34.010 Definitions
4-34.020 Tax Imposed
4.34.03U Exemptions
4.34.040 Operatar's Duties
4.34.050 Ral>ortinp and Remitting
4.34.060 Penalties and Interest
4,34.070 Failure to Collect and Report Tax— Determination of Tax by Director
4,34.080 APpea'
4.34,090 Records
4.14-100 Refunds
4.34.110 Actions to Collect
4.34.120 Violations
4.34.13C Confidentiality
4.34.140 Fxamining Books, Records, or Persons
4.34.160 TFRMINATION OF 1AX
Referred to vofr-rs by Rascofutiun No. 2009-22 for 11107/208q election approved by the voters YES 4330,
NO 7894 - Effective December 1, 201,79
Referred rn varers by resolution 1'i0. 93 02 for 3/2.3J93 election .. Approved by the voters YFS 3638, NU
2980 - Effective July 1, 199.3
4.34.010 DEFINITIONS
7hc following words and phrases whenrvpr herd in this chapter shalt be construed as dpfinpd an thit
secrion unless from the context a different meaning is intended -
A. Ashland Park Commission hiss the :amc± meaning as set forth in Section 2 c?i Articles X[X of the
_ Ashland City Charter and tfie A,,;hllnd Recreation Commission has the_samP mQetirg-, as set
forth in Article XXIi of ttw Ash Land City Charter.
R, "Caterer" means a person who prepares food at a business site, for comperisation, for
consumption on or off the business premises but within the corporate limits of the City.
C. "Combination f2CTtyw has the same meaning as defined in OAK 333.150-0000(4)(i) which the
State of Oregon Department of Agriculture licenses or inspects under OAR 333-158-00W,
2022 PROPOSED AMENDMENT TO ASHI AND MUNICPAL CODE 4.3,7 —TAX IMPOSED
e. Any other food mixed, cooked or processed on the premises in form or
quantity for immediate consumption whether or not it is consumed within the
confines of the premises where prepared; and
4. The followir►g itenes sold by ccrtnbination facilitieN that are bakeries:
a. Al; those items listed in subsections A.3.a-d of this section;
b. Ail bakery products sold for consumption on the premises; and
c. All "takeout" or "to go" orders of bakery products prepared on the premisus
except for whale cakes, pies, and luaves of bee ad and any order consisting of six
or more bakery products.
S. Use of a delivery service for any activity under this section, Whether an independent
delivery service or operator provided delivery service, does not excuse the operator
from the requirement to collect and remit the tax on the loud and beverages sold.
a. such tax shall be imposed at a rate of five percent (.5%) on the total amount charged by the
seller for the food and beverages, or for the meal- In the computation of this tax any frartiun (it
one,half (1/2) cent or more shall be treated as one cent.
C. The taxes collected by the Ci,y under this chapter shall bee used as follows:
1. Twenty-five percent (25%) shall be paid into the Ashland Park Commission Capital
Improvement Prokrom JUP) Fund account fr)r purposespfi femd_in� fsarks, traits and
oppnsspAt related - cquisition, planning, development,
repair, maintenance_ and rehabilitation of Park. and Open Space lands, facilities and
amenities o P;_1 per-ct►nsistent with adopted plans of the Ashtand Parks apd
%EFeMi*n Commission.
2. Seventy-three pent �73gfi Sl��1I b? paid ipko �fite .5hlgnc Park Commission General
Rind p2a gltnX Tagtf. P purposes of funding parks, traii and oven space related day_to.
d:kyoperatjngjPxpPnses_consistent with the adopted operating budget of t4c Ashhlnd
Park Commission.
d. The City may retain up to two pereent (2%) of the tax collected for costs of
admivistration and collection.
?�.-The fotbw F►^`•. c.,_ r:-r .i . ..'l1 zs7roughZ 1 i._ _ -to pay fi r
wasteuster-treatrnw�t-nl�r:�-ct��aji.u�cia�uata.r-,:►{.li:a! " .t•:-�uc
t14,-GQty of A! 1Wand�3-C-ap'rtaI rnnprovemen! 14aa=.
a—tn f4c, - ear -2017: $1,868,290iW.
b, 19 iiSCal-• eiff 2918; fi�rrnvrrve_i
c-. 4 a, es
d- In -fiscal year 1.f)1_(l k,£s8 9Ef6
2022 PROPOSED AMENDMENT TO ASHLAND MUNICPAL CM 4.34 --TAX IMPOSED
G. Provided by nonprofit tax-exempt organizations to citizens over 60 years 0` age as a part of a
recognized senior citizen nutritional program;
H. Sold for resale to the public;
I. Sold in bulk to the public for nonimmediate consumption off the premises including but not
limited to Ice crearn packed in a container of cne-half J1/2.) gallon or more;
J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream,
frozen yogurt, cakes, ples or other desserts;
K. Sold by an operator at a single foul service event located within the City in which restaurant
or catering services (exclusive of alcohol) exceed 55,W0.00, in which case, the applicable food
anti beverage tax shall not be excused but shall be capped at 5250.00. {Ord. 3M, amended,
08/16/2016: t,rd- 2991, amended, 12/01/2009)
4.34.040 OPERATOR'S DUTIES
Farh operator shall collect the tax imposed by L16s chapter, to the same extent and at the sarne time as
the amount for the food or beverage is collected from every purchaser. The amount of tax need not tie
separately stated from the amount of the food or beverage. Every operator required to collect the tax
imposed in this chapter shall be entitled to retain five percent of all taxes corrected to defray the costs of
collections and remittance. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended,12/01/2009)
4.54.050 REPORTING AND REMITTING
A. Reporting. Lvery operator shall, on or before the last day of the month following the end of
each calendar quarter (in the months of April, July, Octoher and lanuary), make a return to the
Director, on forms provided by the City, specifying the total sales .subject to this chapter and the
amount of tax collected under [his Chapter. the operator may requerst or the Director may
Pstablish shorter reportingp periods for any operator if the operator or director deems it
necessary in order to insure collection of the tax and the Director may require further
intormation in the return relevant to payment of the liability. A return shall not be corWderml
filed until it is actually received by the Director-
B. Remitting. At Lite time the return is filed, the full amount of the tax Collected shall he
remitted to the Director, Payments received by the Director for application against existing
liabilities will be credited toward the period designated by IN! taxpayer under conditions which
are riot prejudicial to the interest of the City. A condition which is considered prejudicial is the
Iniminmt expiration of the statute of limitations for a period or periods.
C Order of Payments. Nondpsignated payments shalt be applied in Lire order of the oldest
liability first, with the payment credited first toward any accrued penalty, then to interest, then
to the underlying tax until the payment is exhausted. Crediting, of a payment toward a speci(:c
reporting period will be first applied against any accrued penalty, then to interest, then to the
underlying tax, The Director, when in the Director's discretion determines that it will be in the
be!it Interest of the City, may specify that a different order of payment credit should be followed
with regard to a particular tax or factual.situation, The Oirettor may establish shorter reporting
pe-riods for any operator if the Director deems it necessary in order to insure collection of the
2022 PROPOSED AWENIDi .FUT TO ASHI AND MUNICPAL CODE 4.34 -- LAX IMPOSED
depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the.
last known place of address. Such operator may make an appeal of such determination as provided in
AMC 4.34.080. if no appeal is filed, the Director's determination is final and the amount thereby is
immediately due and payable. (Ord. 3133, amended, 08/16/2.016; Ord. 2991, amended, 12/01/2009;
Ord. 2885, amended, 08/06P..o02)
4.34.080 APPEAL
Any operator aggrieved by any decision of the Director with respect to the amount of such tax, Inlesest
and penalties, if any, may appeal pursuant to the administrative appeals process in AMC 2.30.07.0,
except that the appeal shall be filed within 30 days of the serving or mailing of Cite determination of tax
due. Tile bearings officer shall hear and consider any records and evidence presented bearing upon the
Director's determination of amount due, and make findings atfirmint;, reversing or modifying the
determination. 'rhe findings of the hearing: officer shall be final and conclusive, and shall be served
upon the appellant in the mannpr prescribers above for service of notice of hdaring. /uiy amount found
to be due shall be immediately due and payable upon the service of notice. (Ord. 3133, arnended,
OR/16/2016); Ord. 2991, amended, 12/01/20C9; Ord. 2M, amended, 081"12cro0)
4.34.090 RLCORUS
It sha'I he the dury of every operator liable for the coliection and payment to the City of any tax imposed
by this chapter to keep and preserve, for a period of threes years, all such records as may be necessary to
determine the amount of such tax. t he Director shall have the right to inspect all records at all
reasonable times. (Ord. 3133, amended, OS/16/20?6; Ord. 2991, amended,12/0112009)
4.34.100 REFLINDS
A. Whenever the amount of any tax, interest or penalty has tXNNI ewerpaki or paid more, than
once, or has been erroneously or illegally collected or received by the City under this chapter, it
may be refunded as provided in subsection B of this section, provided a claim in writing, stating
under penalty of perjury the specific grounds upon which the claim is foofided, is filed with the
Director within one year of the date of payment. The claim shall be on forms furnished by the
Director.
B. The DirL---+or shall have 20 calendar days from the date of receipt of a claim to review the
claim and make a determination in writing as to the validity of the claim. The Director shall
notify the claimant in writing, of the Director's determination. Such notice sha!1 be malled to the
address provided by claimant un Lhe claim form. in the event a claim is determined by the
Director to be a valid claim, an operator may claim a refund, or take as credit against taxes
collected and remitted, the amount overpaid, pold inure than oncx ar erroneously or illegally
callected or received in a manner prescribed by the Director. The operator shall notify Nrector
or claimant's choice no later than 15 days following the date director mailed the determination.
In the event claimant has not notified the Director of claimant's choice within the 15-day period
and the operator is still in busiripsis, a credit will be granted against the tax liability for the next
refe)rtirrg period. If the operator is no longer in business, a refund check will be mailed to
claimant at the address provided in the claim form.
707? PR0P0ir r3 ArvlrNr)MSNT TO ASNL AND N1UNICPAL c®Dr 434 —TAXI NIPOSHr
A. ]'he d sclosure of the names and addresses of any person %vho Is operating a restaurant; or
B. The disclosure of general statistics in a form which would prevent the identification of
financial information regarding an individual operator, or
C. Presentation of evidence to the court, or other tribunal having urisdi: tion in the prosecution
Of any criminal or civil claim or an appeal for arnount due the City under this chapter; or
0. l'he disclosure of in,ormat'on when such disc,!osure of cznditiorially c:xErnlrt information is
ordered under liublic records law procedures, r,r
L. The disJosure of re.Ards related to a business's failure_ to report and remit the tax when thn
retort or tijx ii in arrears for over six months or the tax exceeds $S,t=.UO. t he City Council
expressly finds and detennirxs that the public interest in disclosure of such records clearly
outhveighs the interest in confidentiality under ORS 192501(S)_ (Ord. 3133, amended,
C8/16/2016; Ord. 2991, amended,12/01/2039; Ord. 2985, amended, 08/06/2002)
4.34.140 EXAMINING BOORS, RECORDS, OR PERSONS
T he City, for the purpose; of determining the correctness of any tax return, or for the purvosi! of an
estimate of taxes due, may examine or may c u:,e to tv_ eyamined by an agent or repre:;cntative
dfsiRnated by it for that purpose any gooks, papers, records, or memoranda, inrluding copies of
operator's state and federa; income tax return, bearing upoit the matter of the operators tax return.
(Ord..113.3, amended, 08/16/2016, Ord. 2991, amended, W01/2009; Ord. 28R5, amended,
08/ot)/2002j
4.34.160 TERMINATION OF TAX
This chapter shall expire on i)ecember 31,40142PLO, unless extended 5y a vote of the electorate. (Grit.
3133, amti nded, 08/16/20 6; Ord. 2991, amended, 12/01/2L*9)
'2022 PROPOSED TO ASHLA;N1D MiUNICPAL COU - 1AX lfvlf-ofiall
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ORDINANCE NO.3212
AN ORDINANCE RELATING TO THE FOOD AND BEVERAGE TAX; AMENDING
AMC 4.34.020 AND AMC 4.34.160
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold , and additions are bold underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code 4.34.020 is hereby amended as follows:
4.34.020 Tag Imposed
A. Except for exempt or tax -capped activities specified in AMC 4,34.030, the City imposes and
levies, in addition to all other taxes, fees., and charges of every kind, a tax upon:
1. All food and beverages sold by restaurants located within the City to the public, except for
whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for
alcoholic beverages;
2. All food and beverages sold by a caterer for an event located within the City, except
alcoholic beverages and exempt events as defined in AMC 4.34.030.K;
3. The following items sold by combination facilities:
a. Salads from salad bars;
b. Dispensed soft drinks and coffee;
c. Sandwiches or hot prepared foods ready for immediate consumption#
d. The following items, including toppings or additions, scooped or otherwise placed into
a cone, bowl or other container for immediate consumption whether or not they are
consumed within the confines of the premises where scooped or placed: any frozen
dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and
any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this
subsection, however, on any item whose volume exceeds one-half (1/2) gallon or more.
e. Any other food mixed, cooked or processed on the premises in form or quantity for
immediate consumption whether or not it is consumed within the confines of the
premises where prepared; and
I///
ORDINANCE NO. 3212
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4. The following items sold by combination facilities that are bakeries:
a. All those items listed in subsections A.3.a-d of this section;
b. All bakery products sold for consumption on the premises; and
c. All "takeout" or "to go" orders of bakery products prepared on the premises except for
whole cakes, pies, and loaves of bread and any order consisting of six or more bakery
products.
5. Use of a delivery service for any activity under this section, whether an independent
delivery service or operator provided delivery service, does not excuse the operator from the
requirement to collect and remit the tax on the food and beverages sold.
B. Such tax shall be imposed at a rate of five percent (5%) on the total amount charged by the
seller for the food and beverages, or for the meal. In the computation of this tax any fraction of
one-half (1/2) cent or more shall be treated as one cent.
C. The taxes collected by the City under this chapter shall be used as follows:
1. Not less than twenty-five Twenty five percent (25%) shall be
used for purposes of acquisition, planning, development, operation, maintenance, repair
and rehabilitation of City parks, open spaces, and trails and for recreation or senior
programs „o adopted ,.laps f the Ashland Parks and Reere.,tion !`,,.,,.,,:��:
2. Up to seventy-three percent (73%) may be used for general government purposes
including, but not limited to, public safety, wildfire prevention, and emergency event
housing.
3.2: The City may retain up to two percent (2%) of the tax collected for costs of
administration and collection.
3. The folio ' ts for- fiseal
2017 through 2022
be to for-
-
wastewateF treatment debt
years
must used pay
iMPFON,ement the
plant
and wastewateF eapital
pr-ojeets, per-
City Ashland's Capital hHpFovement
Plan,
of
a. in-fiseal year- 2017 :
.
b. in fiseal
.
year-204$:
^meal ) e : e 1 ,600,600.nn
d. ift fiseal year- 20 : e1 600 nnn.nn.
e. in fist! ye>Tr224! $1,650,000.00-.
ORDINANCE NO. 3212
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Program.
Up to two °
.
e. pereent
be for-
this
appropriated pur-poses eonsistent
with ehapteF unless other- pur-poses are
eie�etorate.
D. The Council may decrease the rate of the tax or eliminate the tax described in
subsections A and B of this section after a public hearing. Notice of the hearing shall be given
by publication in a newspaper of general circulation in the City at least ten (10) days prior to the
date of the public hearing. Such notice may be published in the online or electronic version
of such newspaper.
SECTION 2. Ashland Municipal Code 4.34.160 is hereby amended as follows:
4.34.160 Termination of Tax
This chapter shall expire on December 31, 2040 2030, unless extended by a vote of the
electorate.
SECTION 3. Codification. In preparing this ordinance for publication and distribution, the
City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
such limitations, may:
ORDINANCE NO. 3212
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(a) Renumber sections and parts of sections of the ordinance;
(b) Rearrange sections;
(c) Change reference numbers to agree with renumbered chapters, sections or other parts;
(d) Delete references to repealed sections;
(e) Substitute the proper subsection, section, or chapter numbers;
(f) Change capitalization and spelling for the purpose of uniformity;
(g) Add headings for purposes of grouping like sections together for ease of reference; and
(h) Correct manifest clerical, grammatical, or typographical errors.
SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
PASSED by the City Council this day of , 2022.
ATTEST:
Melissa Huhtala, City Recorder
SIGNED and APPROVED this day of , 2022.
Reviewed as to form:
Katrina L. Brown, City Attorney
ORDINANCE NO.3212
Julie Akins, Mayor
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RESOLUTION NO.2022-21
A RESOLUTION OF THE CITY OF ASHLAND SUBMITTING TO THE VOTERS
AT THE NOVEMBER 8, 2022 GENERAL ELECTION A PROPOSED AMENDMENT TO
ARTICLE VIII-A OF THE ASHLAND CITY CHARTER
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON,
RESOLVES AS FOLLOWS:
SECTION 1. The City Council submits to the qualified voters of the City of Ashland the
question of approving or rejecting an amendment to Article VIII-A, Section 4 of the Ashland
City Charter related to the appointment, supervision, and removal of employees and which shall
become effective only upon it passage by the electorate.
SECTION 2. The City Council hereby refers this question to the ballot of the November 8, 2022
General Election.
SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson
County, Oregon, the ballot title attached hereto as "Exhibit A" and fully incorporated herein by
this reference.
SECTION 4. The City Attorney is authorized to alter the text of the ballot title to comply with
any rules, procedures, or practices of the Elections Officer of Jackson County, Oregon, to
implement the requirement of Oregon law.
SECTION 5. This resolution is effective upon adoption.
ADOPTED by the City Council this
SIGNED and APPROVED this
RESOLUTION NO.2022-21
day of 92022.
ATTEST:
Melissa Huhtala, City Recorder
day of , 2022.
Julie Akins, Mayor
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Reviewed as to form:
Katrina L. Brown, City Attorney
RESOLUTION NO.2022-21
Page 2 of 2
EXHIBIT A
BALLOT TITLE
FOR PROPOSED AMENDMENT TO ARTICE VIII-A, SECTION 4
OF THE ASHLAND CITY CHARTER
CAPTION
Amend Ashland City Charter Article VIII-A
QUESTION
Shall Ashland amend its City Charter to delegate all authority to appoint, supervise, and remove
employees to the City Manager?
SUMMARY
This measure would amend the City Charter to extend the responsibilities of the City Manager to
include supervision of employees in all City departments.
The current Charter language exempts one department from City Manager supervision; it
assigns responsibility to the Parks and Recreation Commission for supervising its employees.
This measure would amend Subsection 4 of Article VIII-A, Section 4, with the following:
"Appoint, supervise, and remove all non -elected city employees, except employees who report
directly to the Mayor and City Council who shall be appointed, supervised, and removed by the
Mayor and City Council and shall be termed appointive officers."
Council Business Meeting
July 5, 2022
Second Reading of Ordinance No. 3211 Relating to Pedicab Operations and
Agenda Item
Alcoholic Beverages; Adding New AMC 10.40.050 and Amending AMC 6.30.100
From
Katrina L. Brown
City Attorney
Contact
katrina.browngashland.or.us
SUMMARY
This is the time set for Second Reading of proposed Ordinance No. 3211 which would allow the
possession and consumption of beer, wine, and cider on permitted commercial pedicabs.
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
City staff was contacted about amending the Ashland Municipal Code to permit the operation of
commercial pedicabs which allow the consumption of beer, wine, cider onboard. This business
model has been allowed in other United States cities including the City of Medford for several
years. According to the City of Medford, there have been no complaints or other issues
concerning the operation of this business model in Medford. Ordinance No. 3211 would also
update the minimum amount of liability insurance required to operate special vehicles and tour
buses in the City of Ashland to bring those amounts current with the levels required for other
activities within the City. This insurance requirement has not been updated since 2008. The City
Council held First Reading of Ordinance No. 3211 on June 21, 2022, and advanced it to Second
Reading without edits.
FISCAL IMPACTS
The fiscal impact to the City of Ashland would be minimal.
STAFF RECOMMENDATION
Staff recommends that the City Council approve Second Reading of Ordinance No. 3211 and advance
for enactment.
ACTIONS, OPTIONS, AND POTENTIAL MOTIONS
1. I move to approve Second Reading of Ordinance No. 3211 and advance it for enactment.
2. I move to decline approval of Ordinance No. 3211.
REFERENCES AND ATTACHMENTS
Attachment 1: Proposed Ordinance No. 3211
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-ASHLAND
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ORDINANCE NO.3211
AN ORDINANCE RELATING TO PEDICAB OPERATIONS AND ALCOHOLIC
BEVERAGES; ADDING NEW AMC 10.40.050 AND AMENDING AMC 6.30.100
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold -ice -through, and additions are bold underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. New Ashland Municipal Code 10.40.050 is hereby added as follows:
A. Notwithstanding AMC 10.40.030 and AMC 10.40.040. alcoholic beverages may be
consumed on a commercial pedicab, as defined in Subsection 1, subject to all conditions as
set forth in Subsection 2:
1. For the purposes of this section, "Pedicab" means any of the following:
a. A bicycle that has three (3) or more wheels, that transports, or is capable
of transporting, passengers on seats attached to the bicycle, that is operated
by a person, and that is being used for transporting passengers for hire;
b. A bicycle that pulls a trailer, sidecar, or similar device, that transports, or
is capable of transporting, passengers on seats attached to the trailer, sidecar,
or similar device, that is operated by a person, and that is being used for
transporting passengers for hire; or
c. A four -wheeled device that is primarily or exclusively pedal -powered, has
a seating capacity for eight (8) or more passengers, cannot travel in excess of
fifteen (15) miles per hour, and is being used for transporting passengers for
hire.
2. The permit of any pedicab operator which allows consumption of alcohol on a
pedicab is subject to revocation if the pedicab operator fails to satisfy the following
conditions:
a. Steering and braking shall be under the exclusive control of an employee
or owner of the business operating the pedicab (the "operator"), who shall
ORDINANCE NO.3211
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not consume alcohol while on the iob and shall not have an alcohol
concentration of 0.04 or greater while operating the pedicab.
b. Alcoholic beverages shall not be provided by, served by, sold by, or in
control of the operator of the pedicab. Alcoholic beverages may only be
Supplied by the passengers of the pedicab. All alcoholic beverages supplied
by passengers of the pedicab shall be transported to the community cooler of
the pedicab onlv in enclosed, sealed containers, including sealed wine or beer
bottles, sealed growlers, and unopened cans.
c. Alcoholic beverages may be consumed by a passenger of the pedicab only
while he or she is physically on board and within the pedicab.
d. All passengers shall be twenty-one (21) years of age or older if alcohol is
consumed by any passenger during the operation of the pedicab.
e. Passengers of a pedicab may only consume alcohol from an unbreakable
cup or can, including drinking vessels made of plastic, metal, or silicone.
Glass is prohibited with the exception of growlers and bottles kept in the
trunk or cooler of the pedicab. At all times the passengers of the pedicab, not
the operator of the pedicab, shall have ownership and control of the alcohol.
Passengers' cups may be filled from glass containers only when the pedicab is
stationary.
f. The operator of the pedicab shall at all times be able to establish financial
responsibility and maintain general liability insurance in the amounts as set
forth in AMC 6.30.100.
g. The only types of alcohol which may be consumed onboard a pedicab are
beer, wine, and cider. Hard alcohol or mixed drinks containing hard alcohol
are not permissible.
h. When passengers depart the pedicab, opened or partly empty growlers
and wine bottles must be closed before departing the pedicab. All other
alcohol remaining in open containers must be disposed of instead of carried
ORDINANCE NO. 3211 Page 2 of 4
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in public.
i. The operator must comply with all applicable rules and regulations of the
Oregon Liquor Control Commission, including but not limited to rules and
regulations regarding advertisement of the business.
j. All routes of travel must be preapproved by the Ashland Police
Department.
k. If a passenger becomes visibly intoxicated or disorderly, the operator
shall effect said passenger from the pedicab.
B. A violation of 10.40.050.A. is a Class I violation.
SECTION 2. Ashland Municipal Code 6.30.100 is hereby amended as follows:
A. No person shall be issued a permit, or operate any special vehicle or tour bus, unless the
special vehicle or tour bus is covered by commercial or general liability insurance providing
coverage limits of not less than two million dollars ($2,000,000) per occurrence. at least
p . Liability coverage shall be provided on an "occurrence" not "claims" basis.
A certificate of insurance coverage, evidencing insurance coverage in compliance with this
section, shall be filed with the City before a permit is issued and for renewal of the permit. The
City of Ashland, its officers, employees, and agents shall be named as additional insured's on
any policy of such insurance.
B. The insurance policy shall contain a provision that states that the policy will not be reduced
in coverage or canceled without thirty 301 days' prior written notice to the City.
C. Failure to maintain adequate insurance as required under this section shall be cause for
immediate suspension or revocation of a special vehicle or tour bus permit.
SECTION 3. Codification. In preparing this ordinance for publication and distribution, the
City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
such limitations, may:
(a) Renumber sections and parts of sections of the ordinance;
(b) Rearrange sections;
ORDINANCE NO.3211
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(c) Change reference numbers to agree with renumbered chapters, sections or other parts;
(d) Delete references to repealed sections;
(e) Substitute the proper subsection, section, or chapter numbers;
(f) Change capitalization and spelling for the purpose of uniformity;
(g) Add headings for purposes of grouping like sections together for ease of reference; and
(h) Correct manifest clerical, grammatical, or typographical errors.
SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
PASSED by the City Council this day of , 2022.
SIGNED and APPROVED this
Reviewed as to form:
Katrina L. Brown, City Attorney
ORDINANCE NO.3211
ATTEST:
Melissa Huhtala, City Recorder
day of
Julie Akins, Mayor
2022.
Page 4 of 4
Council Business Meeting
July 5, 2022
I Agenda Item I First Reading of Ordinance No. 3210 regarding notice of meetings and amending I
Ashland Municipal Code 2.04.020.F.
Joseph L. Lessard City Manager
From Katrina L. Brown City Attorney
Melissa Huhtula I City Recorder
j oseph.lessardAashland.or.us
Contact katrina.brownaashland.or.us
us
SUMMARY
This is the time set for First Reading of proposed Ordinance No. 3210 regarding notice of Council meetings
and amending Ashland Municipal Code (AMC) 2.04.020.F. Proposed Ordinance No. 3210 would omit the
requirement that notice of meetings be sent to a newspaper "with general local circulation" and instead
require that notice be posted at City Hall and at Council Chambers, in addition to the being posted
prominently on the City's website.
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
None
BACKGROUND AND ADDITIONAL INFORMATION
In August of 2021, the City of Ashland's only print newspaper, The Ashland Daily Tidings, ceased
publication. The only other print newspaper in general local circulation in the City of Ashland is
experiencing staffing shortages and is continually extending the time required to get a public notice
published. Proposed Ordinance No. 3210 would omit the requirement that notice of meetings be posted in a
traditional newspaper with general local circulation. It would instead require that notice be posted
prominently at both City Hall and City Council Chambers in addition to being posted on the City's website.
Oregon's Public Meetings Laws (ORS 192.610 to 192.690) do not require that notice of meetings be
published in a print newspaper with local circulation. They require that notice be "reasonably calculated to
give actual notice to interested persons." (See ORS 192.640). Notice will continue to be posted prominently
on the City's website as well as at City Hall and at City Council Chambers. In addition, notice will be posted
at the online community news source Ashland. news.
FISCAL IMPACTS
The proposed change to the noticing requirement would save the City approximately $700 per year.
STAFF RECOMMENDATION
Staff recommends that the City Council approve First Reading of Ordinance No. 3210 and advance it to
Second Reading for enactment.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
Page 1 of 2
CITY OF
-ASH LAN D
1. I move to approve First Reading of Ordinance No. 3210 and advance it to Second Reading for enactment.
2. I move to amend Ordinance No. 3210 as follows ....
REFERENCES & ATTACHMENTS
Proposed Ordinance No. 3210
Page 2 of 2
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-ASH LAN D
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ORDINANCE NO. 3210
AN ORDINANCE REGARDING THE NOTICE OF MEETINGS; AMENDING
ASHLAND MUNCIPAL CODE 2.04.020
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2.04.020 is hereby amended as follows:
2.04.020
A. Regular Meetings. The regular sessions of the Council are on the first and third Tuesday of
each month unless otherwise arranged, beginning at 6:00 p.m. Meetings are required to end no
later than 9:30 p.m., except in the following circumstance:
1. If a motion or any amendment to a motion has been made and has been seconded if a
second is required, deliberation on the motion shall be allowed to continue until no later than
9:40 p.m., at which time deliberation shall end; and any amendments to the motion and the
motion itself shall be voted upon immediately and without further deliberation or debate and
without passage of a motion to end debate.
B. Special Meetings. A special meeting may be called either by the Mayor or two members of
the Council. Notice of the time and place of such special meeting and the subjects to be acted
upon shall be delivered to all members of the Council at least seventy-two (72) hours in advance
of the time of the meeting, except in the case of an emergency, and the Council may consider and
act only upon such matters as contained in the notice.
C. Study Sessions.
1. Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask questions,
discuss options, express their individual views on matters that may be voted on in subsequent
regular or special meetings; and to provide guidance to staff. The Council may vote in study
sessions on guidance to staff concerning matters to be presented to Council for decision at
subsequent meetings. By consensus, the Council also may direct staff to take action on other
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matters that do not require Council decision by ordinance or resolution. No particular cases
involving quasi-judicial decisions may be discussed at study sessions.
2. Each study session shall include up to a total of fifteen (15) minutes for public forum, in
which persons may speak about any topic on the agenda for that study session. Persons
wishing to speak during public forum are to submit a "speaker request form" to the City
Recorder.
3. Study sessions shall begin at 5:30 p.m. on the day before each regular meeting unless
otherwise arranged, but shall not be held on national holidays. The Mayor or two (2)
Councilors may call a study session at any time with not less than seventy-two (72) hours'
advance notice.
D. Executive Sessions.
1. All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610
through 192.690). These purposes include, but are not limited to, the employment and
dismissal of public employees, the performance evaluation of the City Manager and City
Attorney, labor negotiations, real property transaction negotiations, and consulting with legal
counsel on pending or threatened litigation. At any time during an executive session, a
Councilor who feels a matter under consideration should be addressed exclusively in open
session may state a point of order, which shall be ruled upon in the executive session as set
forth in AMC 2.04.040.C.4.b(1).
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
will act in accordance with State law regarding confidentiality of information discussed in
executive sessions.
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. The
proceedings may be reported if no such statement is made.
E. Emergency Meetings. The City Manager is responsible for implementation of the Emergency
Management Plan. When the City Manager determines that a state of emergency exists, the City
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Manager will make a declaration to that effect and will request that the Mayor call an emergency
meeting of the Council in order to ratify the declaration of emergency. The emergency meeting
of the Council will occur as soon as possible after the declaration of emergency. A quorum of the
Council may not be possible due to emergency circumstances and is not required for this
emergency meeting. Notwithstanding the advance notice requirements in subsections B, D and F
of this section, notice of the emergency meeting can be made in the most expedient manner as
determined by the City Manager and need not be seventy-two (72) hours in advance, but notice
of the emergency special meeting must be given at least twenty-four (24) hours in advance if
feasible. In any case, minutes of any emergency meeting must meet the requirements of ORS
192.640(3) and 192.650.
F. Notice of Meetings. Advance notice of at least seventy-two (72) hours shall be provided for
all meetings, except for emergency meetings. Notice shall be
posted prominently on the City's website and at City Hall and City
Council Chambers. In the case of an emergency or when 'a state of emergency has been
declared, public notice appropriate to the circumstances shall be provided and reasons justifying
the lack of seventy-two (72) hours' notice shall be included in the minutes of such meeting.
SECTION 2. Codification. In preparing this ordinance for publication and distribution, the
City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
such limitations, may:
(a) Renumber sections and parts of sections of the ordinance;
(b) Rearrange sections;
(c) Change reference numbers to agree with renumbered chapters, sections or other parts;
(d) Delete references to repealed sections;
(e) Substitute the proper subsection, section, or chapter numbers;
(f) Change capitalization and spelling for the purpose of uniformity;
(g) Add headings for purposes of grouping like sections together for ease of reference; and
(h) Correct manifest clerical, grammatical, or typographical errors.
ORDINANCE NO. 3210
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SECTION 3. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
ADOPTED this day of , 2022.
SIGNED and APPROVED this
Reviewed as to form:.
Katrina L. Brown, City Attorney
ORDINANCE NO. 3210
ATTEST:
Melissa Huhtala, City Recorder
day of , 2022.
Julie Akins, Mayor
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