HomeMy WebLinkAbout2008-1021 Council Mtg PACKET
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 21, 2008
Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes}
1. Study Session of October 6, 2008
2. Executive Session of October 7, 2008
3. Regular Council of October 7, 2008
4. Continued Meeting of October 10, 2008
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. CONSENT AGENDA [5 minutes]
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to confirm the Mayor's appointment of Shelley Lotz for a term to
expire April 30, 2009 to the Conservation Commission?
3. Does the Council accept the update report on Council Goals? Does the Council wiSh to
modify the timeline for the Council Goals?
4. Should the Council, acting as the Ashland Parks and Recreation Commission's Local
Contract Review Board, authorize the agreement with Copeland Construction for
permanent installation of the ice rink at a bid price of $112,437?
5. Does Council wish to adopt the proposed program to protect its customers from identity
theft?
6. Does the Council wish to enter into an intergovernmental agreement (IGA) with the
Oregon Department of Transportation (ODOT) for the installation and maintenance of the
Lloyd Haines murals under the Lithia Way Bridge?
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VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC 92.04.040})
1. Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending
the Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning
Affordable Housing Standards for Annexation, " and move the ordinacne on to Second
Reading?
and
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending
the Ashland Land Use Ordinance Type III Procedures Chapter (AMC 18.108.060)
Concerning General Standards for Affordable Housing in Zone Changes," and move the
ordinance on to Second Reading? [45 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending
on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Should the Council conduct and approve First Reading of an ordinance titled, "An
Ordinance Amending Chapter 10.46, Prohibiting Camping, Revising Penalties, Clarifying
and Amending Timeframes and Procedures, and Other Requirements," and move the
ordinance on to Second Reading? [45 Minutes]
2. Will Council consider amending Ashland Municipal Code 13.20 Local Improvement and
Special Assessments and Repealing Resolution 1999-09? [30 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve Second Reading of an ordinance titled, "An
Ordinance Relating to Taxicabs, Providing for Certification of Taxicab Companies and
Drivers, and Repealing Chapter 6.28"? [5 Minutes]
2. Should the Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance Relating to Tour Bus and Special Vehicle Permits"? [5 Minutes]
3. Should the Council conduct and approve Second Reading' of an ordinance titled, "An
Ordinance Relating to Establishment of a Uniform Administrative Appeals Process"? [5
Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
None
XIV. ADJOURNMENT
. 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 (ITY 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).
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CITY COUNCIL STUDY SESSION
October 6, 2008
Page 1 of3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, October 6, 2008
Council Chambers, 1175 East Main Street
Mayor Morrison called the meeting to order at 6:05 p.m.
Councilors Hardesty, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Navickas was absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Review of regular meeting agenda for October 7, 2008
City Administrator Martha Bennett reviewed the upcoming Regular meeting agenda with Council.
3. Discussion on Transient Occupancy Tax (TOT) Distribution
City Administrator Martha Bennett provided an overview of where Council was in the process and clarified
that the Transient Occupancy Tax (TOT) Distribution applies to fiscal year 2010 and beyond. The TOT
Allocation table was explained.
Administrative Services Director Lee Tuneberg provided the Council Communication. Dollars were matched
to the percentages in the Resolution anticipating a drop in the revenue streams. Staff identified, prioritized and
allocated tourism and non-tourism dollars, the General Fund and other programs by percentage. The new
resolution is starting to have the same problem as the prior resolution with multiple components that increase
or decease at a different rate. A significant drop in TOT revenues would quickly cut into the monies used to
fund the General Fund or core services.
It was explained that the grant application would define and assure that monies granted to businesses are used
for marketing tourism only.
Suggestion was made to shift money from Small Grants under Economic and Cultural Development to
Tourism in order to protect the General Fund. Ms. Bennett explained that the General Fund would be
protected because the resolution was structured with specific percentages as opposed to giving percentages for
the unrestricted money. The remaining Economic Development Grants, the Grant to the Chamber of
Commerce and Unrestricted Small Grants would be allocated through the budget process.
Council discussed cutting small grant dollars and moving that money to the unrestricted category, to review
restricted money and then determine how to divide it while leaving 20% assigned for City qualified projects.
Concern expressed that the City holds its previous promise to businesses to cap what it collected at 70%.
Clarification that the 70% would come from unrestricted money was made and that it was actually 52% of the
total. Request for information on what criteria was used in order to determine medium size groups and
whether funding was sufficiently was made
Further discussion on this item will continue at the Regular meeting of the Council on October 7,2008.
4. Will Council review the draft Transportation System Plan Update as presented by HDR
Engineering, Inc. and provide direction for final adoption?
Public Works Director Mike Faught introduced Evan Dust, Senior Transportation Planner with HDR, Scott
Chapman, Senior Associate with Nelson/Nygaard, and Julie Brown, the Executive Director of the Rogue
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CITY COUNCIL STUDY SESSION
October 6, 2008
Page 2 of3
Valley Transit District (RVTD) and presented the staff report.
Mr. Dust provided the Phase I overview that included:
· Scope Overview of Phase I and II
· Existing Conditions
· Amended Plan: There are 37 projects, 29 originated from the 1998 plan and are complete and the
remaining eight are outstanding projects added since 1998.
· Street Projects
· Pedestrian Projects: All pedestrian projects originated from the 1998 plan. They are considered
sidewalk projects and are not related to master trails.
· Bicycle System Projects
· Traffic Signal Projects
· Public Comment: The public wants a higher emphasis on pedestrian projects but grant funding tends
to favor street projects more.
· System Development Charge: The reimbursement component of $2.83 is based on completed
projects since 1997. The SDC improvement component of $376.82 comes from the capitol cost
divided by the Equivalent Length New Daily Trips (ELNDT).
Mr. Chapman provided the Phase II overview that included:
· Phase n Transit
· . Existing Conditions
· Needs Assessment
· Transit Goals .
· Coverage
· Productivity
· Where should Ashland be along the Continuum?
· Other Potential Trade Offs
· Alternate Service Scenarios: Could include additional service on weekends and evenings as well as
provide service to neighborhoods that currently lack service.
· Current Funding-Productivity
· Breaking Route 10: Depending on ridership, use a van or bus to serve the Route 10 loop. Have
riders transfer at the plaza although transfers can break the system because it is not as convenient.
Ridership is higher at the college versus the plaza. RVTD may be able to bring in an additional bus to
make the loop at no additional cost if the City decides to use the plaza as a turning point.
· Current Funding-Productivity: Establish 15-minute frequencies weekdays only, that would run
until early evening.
· Current-Coverage
· Current Funding-Coverage
· Alternate Coverage Route: Shrinking the deviation area allows for more service. Shortening service
on East Main would provide service to a different part of the community. Flex service is a fixed route
with time built in that allows pick-ups to occur at the rider's door for citizens requiring additional
assistance.
· Current Funding Options: With current funding options, the service will be either productivity
oriented serving Siskiyou Route 5 or a circulator bus serving the neighborhoods. Costs are
conceptual, actual.costs per hour are based on labor rules. There may be sensitivity to fare increases.
· Moderate Funding Scenario: Route 5 serves the core area where Route 8 serves non-core areas.
· Moderate Funding Option: R VTD accrues $70,000 annually for advertising and receives 40% with.
the remainder going to marketing.
· Aggressive Funding Scenario
CITY COUNCIL STUDY SESSION
October 6, 2008
Page 3 of3
· Operating Cost & Fleet Requirement Summary: Tier One priorities are determined by the Payroll
Tax, which is 5/10 of a cent and covers everything except the local circulator and express service.
Tier Two includes the express and circulator service.
· Moderate & Aggressive Funding Summary
. Next Steps
They stated that the Payroll Tax would be on the ballot for spring of2009 and currently is at 5/10 of a cent per
$1.00 but may be reduced or changed. The Payroll Tax would apply to any company located within the district
boundary and would be paid by the employer; some exemptions to the tax do apply. If it passes, it would take
a quarter before the revenue flow started and would be a percentage distributed over a 3-year period.
Legislators would determine how the percentage is broken down and who would collect it.
A request was made for more information on funding options.
Meeting was adjourned at 8:26 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL A4EETlNG
October 7, 2008
PAGE I olIO
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 7, 2008
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrisori called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison noted vacancies in the Public Arts Commission, Tree Commission and Budget Committee.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of September 15, 2008 and Regular Council of September 16, 2008 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor Morrison's Proclamation of October 5-11 as National Fire Prevention Week was read aloud.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to confirm the Mayor's appointment of Melody Norass as Parks and
Recreation liaison for a term to expire April 30, 2010 to the Forest Lands Commission?
3. Does the Council wish to confirm the Mayor's appointment of Dudley Wynkoop for a term to
expire April 30, 2009 to the Public Arts Commission?
4. Does the Council wish to approve a Liquor License Application from Ilene Rubinstein dba Chozu
Bath and Tea Garden at 832 A Street?
5. Will the Council approve a mutual aid agreement between Oregon Water/Wastewater Agency
Response Network (ORW ARN) and the City of Ashland for the provision of emergency services
related to water and wastewater utilities?
6. Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) Revenue for
tourism and non-tourism purposes for FY2009-2010 and after?
Councilor Chapman requested that item #6 be removed from the Consent Agenda for further discussion.
Councilor Hartzell/Jackson mls to approve Consent Agenda items #1-#5. Voice Vote: all AYES. Motion
passed.
Agenda item #6 was moved to Unfinished Business as item #3.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Kat Smith/276 B Street/Announced International Walk & Bike to School Day on October 8,2008 and invited
the Mayor and Council to participate.
UNFINISHED BUSINESS
1. Clay Street Acquisition Proposal Update?
City Senior Planner Brandon Goldman presented the staff report on scheduling a public hearing to consider a
proposed land exchange and property purchase of 10 acres on Clay Street to be used for a public park and an
affordable housing project in partnership with the Housing Authority of Jackson County (HAJC).
ASHLAND CITY COUNCIL lvlEETlNG
October 7, 2008
PAGE 2 of /0
Mr. Goldman updated Council on the negotiation status with the current owner, the appraised value of the
property, the trade value of the Lithia Way Lot, contributions by the Housing Authority of Jackson County and
the amount of the inter-fund loan.
~
Mr. Goldman and John Elzy, the HAJC Housing Development Specialist, gave a presentation on the project
that included:
· Property Description
· Purchase Option Agreement
· Site Division
· Housing Components
· Potential Parks Components
· Housing Authority of Jackson County
· Slides of current HAJC housing units
· Conceptual Layout for Clay Street Project
· Project Amenities
· Unit Amenities
· High Quality Construction Standards
· Acquisition and Development
If the project moves forward, the Housing Authority is ready to proceed immediately. Once a year
Oregon Housing takes applications for funding with the bulk of that funding coming from low income tax
credits. Applications are due February 2009 and one of the primary scoring criteria for funding is the readiness
to proceed with construction. Submitting an application would require a considerable amount of pre-
development. If Oregon Housing approved the application, the City would receive funding April 2009. After
due diligence, construction could start as early as late fall 2009. The Clay Street project does not include
Westwood.
The 3.75 acres adjacent to the YMCA for the Clay Street project has been reserved in case the Parks
Department decides to acquire that property. If the Parks Department purchases the property, it would create
funds to pay back the inter-fund loan. If the Parks Department declines, the property would be used as security
for the loan and could be sold to pay for part of the Clay Street purchase. The appraised value of the 3.75 acres
is $360,000 per acre for a total of$I,450,000. City Administrator Martha Bennett explained that Council can
decide how long to carry the $750,000 inter-fund loan.
Part of the potential purchase includes trading the Lithia Way lot, which would result in losing 10 affordable
housing studio units at 500 square feet each with the proceeds going to purchase the Clay Street property.
Don Robertson, Director of Parks & Recreation explained how the acquisition would extend two undersized
ball fields and create a strong entrance to the YMCA Park from Clay Street as well as an entrance used for
maintenance. The Parks and Recreation Commission reviewed the plan and directed staff to provide a map
identifying the quarter mile radius designated for walking space. The Parks and Recreation Commission were
also interested in the Planning Department's comments regarding the proposed plans as it pertains to wetlands,
storm issues and transportation issues. There were concerns regarding payment for the wetlands, what would
be used in the periphery around the wetlands and parking requirements.
Under the current code, the maximum number for affordable housing on the Lithia Way lot is 13 units to meet
the 60 units per acre requirement with the Lithia Way lot at 7,000 square feet. This maximum includes a
number of studios.
If the Parks Department purchases the 3.75 acres, they will create several head in parking spaces instead of
constructing a parking lot. The Parks and Recreation Commission are interested in discussing a shared
acquisition of the wetlands with the City.
ASHLAND CITY COUNCIL 1I4EETlNG
October 7, 2008
PAGE 3 olIO
The population targeted for Clay Street is work force families earning between 30%-60% of the area median
income. The current vacancy rate for rentals in that target range is 2.5% - 4% throughout Jackson County.
It was suggested to include ownership patterns of rentals when determining the City's vulnerability to provide
affordable rentals. Oregon Housing identified Ashland as a number one priority for funding because renters in
Ashland were more rent burdened than the state average. The development budget also includes STC
reductions.
Eric Dukes/2325 Ashland Street/Noted that without a parking lot at Clay Street, parking would overrun the
already congested area. He cautioned Council regarding the quick timelines for the project and said his
primary concern was Westwood Park. He commented that STC money and food tax funds were depleted. He
agreed with the overall project but opposed the Parks Commission funding i~ by selling other parks. He
explained that Westwood Park took eight years to develop and shared some of the parks current issues. He
encouraged Council to look at the community goals for Westwood and resolve those issues.
Mary Ruth Wooding/727 Park StreetlExplained she had nothing against affordable housing but was against
getting rid of parking in the downtown area. There needs to be more parking not less, specifically downtown.
Evan Archerd/550 E Main StreetN oiced his appreciation on the project, noted his involvement and that the
Land Trust supports the project. He explained why Clay Street was important to affordable housing. The
terrain is almost level; the location and construction costs are low. The location is ideal for living without a
motor vehicle because of its close proximity to stores, restaurants, bus stops and the YMCA. He urged council
to move forward with the project.
Councilor Hartzell clarified that there were parking lots on the Clay Street property and the head-in parking
pertained to the 3.75 acres that the Parks Department may purchase.
Councilor Hartzell/Hardesty mls to schedule a public hearing for November 4, 2008 to consider
declaring the City owned property on Lithia Way as surplus property, and consider a purchase
agreement for the land exchange and acquisition of the 10 acre property on Clay Street
DISCUSSION: Councilor Hardesty commented that the Housing Commission was discussing ways to use the
air space over other parking lots in the downtown area and that the Lithia Lot may not be a good candidate
because it was small. She attended a site visit to Maple Terrace with the Housing Commission, noted it was
attractive, and did not seem cramped. Councilor Jackson voiced support for affordable housing projects but
was concerned because the City budget was under great strain. The appraised value of the property was likely
to continue to decrease, and currently the City would be paying $400,000 more than the appraised value from
June. Selling the land to the Housing Authority for another discount of$40,000 meant the City would take on
a burden of approximately $70,000 per unit and this was not a fiscally prudent decision at this time.
Councilor Silbiger agreed it was a good project and in the right location. He expressed concern that the City
would pay considerably more than the market value. He explained that trading the Lithia Way lot was sketchy,
and not having parking made it a double negative. If the wetlands were removed, the City would pay $411 per
$1,000 of usable acre giving both the Parks Department and the Housing Authority a substantial discount. The
project deserved a public hearing but paying more than the market value and using the Lithia Way lot as part of
the deal required further discussion. The time constraint seemed troubling as well.
Councilor Hartzell pointed out that the State had determined Ashland a number one priority for affordable
housing. If the Parks Commission decided not to move forward with the purchase, the City still had a value of
$1.4 million that could be sold. City Administrator Martha Bennett clarified that the deal was the appraised
price or nothing, in which case the wetlands was factored in and that density would transfer to the remainder of
the property.
Councilor Navickas voiced support for the project with concern regarding the Lithia Way lot as part of the
deal. There was a need to look at the City as a whole, noting that sometimes a sacrifice had to occur in order to
gain more benefit. The project would provide 50 units of affordable housing that could attract businesses that
ASHLAND CiTY COUNCiL l\4EETlNG
October 7, 2008
PAGE 4 of 10
would invest in the community because they had the opportunity to provide housing for their workers. He
preferred other funding sources as opposed to trading the Lithia Way lot. Having affordable housing in that
area offered revitalization to the town, it could bring in young people and provide a place where people could
live and work without automobiles for transportation as well as provide an example of what the City could
build downtown.
Ms. Bennett explained that Council could order another appraisal but it would not meet the HAlC timeline.
Councilor Hardesty voiced her support of the project going to the public hearing stage. Mayor Morrison
commented that although it was a compelling project, without providing a factual basis prior to the public
hearing, it might fail. He supported the project with the understanding that the City was in a difficult economic
period and could not take on huge burdens lightly; they needed to be carefully crafted and analyzed. He
observed that Council did not sound convinced that the economics weighed out as well as they should although
the benefits were clearly articulated, if staff can make those match, it will pass, at this point, it bears moving it
forward to public hearing.
Roll Call Vote: Councilor Silbiger, Hartzell, Hardesty, Jackson and Navickas, YES; Councilor
Chapman, NO. Motion passed 5-1.
2. Does the Council wish to endorse the Ashland Forest Resiliency Project Preferred Alternative?
Tony Kerwin, Chair of Ashland Forest Lands Commission and Marty Main, Technical Advisor for the City,
presented changes and clarifications to the Ashland Forest Lands Commission Recommendations to the City
Council for Comment on the Ashland Forest Resiliency (AFR) Project - Federal Environmental Impact Study
(FEIS) with Specific Consideration of the Modifications to the Community Alternative made in the Preferred
Alternative document.
It was stated that, historically one of the biggest problems in the watershed had been road construction and
maintenance. The Total Maximum Daily Loads (TMDL) was set by the Department of Environmental Quality
(DEQ) under the Clean Water Act where the Forest Service could not exceed maximum levels of
sedimentation to the reservoir. The question was asked if the Environmental Impact Statement had been
thoroughly analyzed regarding the amount of maintenance and what the Forest Service would do to the roads
and the type of mitigation to prevent sedimentation from those roads. Mr. Kerwin and Mr. Main responded
that the Forest Service had adequately addressed how to mitigate sedimentation issues. Previous mitigation
measures had been proven over time to prevent noticeable or detectable sediment amounts into streams.
Monitoring is critical to ensure the Forest Service follows mitigation measures and limits are not exceeded.
The Nature Conservancy was recently awarded a $44,000 grant from the National Forest Foundation to
implement multi-party monitoring. The Nature Conservancy will set up a web site available to the public. The
grant will not cover the project long-term but will help establish the foundation for monitoring.
Previous work on a Memorandum of Understanding (MOU) was noted, where the Forest Service would
provide the City a 10-year business plan on the implementation of the AFR. Staff was asked to create a
document asking the Forest Service to provide 1-3 field trips yearly, with a minimum of at least one, for
Council to view treated areas first hand. Mr. Kerwin explained the October 2007 Monitoring Plan required
notification when the unit was laid out, when the unit was marked, and completion with an opportunity to
receive feedback regarding the process used. It was clarified that the only place they removed the 7" diameter
limit was in the Talent Wild Land Urban Interface (WUI) area where the Ashland Forest Resiliency
Community Alternative (AFRCA) deferred to the Forest Service on treatments within that area. All other areas
in the proposal suggest a 7" diameter limit.
Frank Lang/535 Taylor StreetJExplained he had been a Southern Oregon University (SOU) Professor of
Biology and Botany, Systematic Botany, Plant Ecology and later Biological Illustration and Conservation of
Natural Resources. He retired in1997 and worked until 2000 for the Bureau of Land Management. He
recommended that Council endorse the Preferred Alternative for the AFR Plan. He felt the Preferred
Alternative provided the best balance for fire management with roadless areas, wilderness characteristics,
spotted owls, riparian protection and unstable slopes. Dropping the arbitrary 7" diameter limit on tree removal
on the interface with Talent would allow effective restoration efforts based on ecological principles. He
ASHLAND CiTY COUNCiL lHEETlNG
October 7, 2008
PAGE 5 olIO
thought the 7" diameter requirement was a ploy to prevent commercial harvest in the watershed and therefore
unnecessary as long as interested parties in the City continued to pay attention and work together during the
planning and implementation of on-ground activities.
Joan Resnick/Acknowledged the professional resources that went into creating the Preferred Community
Alternative, noting that the Alternative was pragmatic, adaptable, protective and restorative. It was not perfect
but a great start in collaboration efforts with the Forest Service.
Dan Thorndike/369 Granite Street/Explained that he was a long term resident to the Rogue Valley and
recently completed 11 years of service on the Oregon Water Resources Commission. During that time, he was
a part of the Oregon Watershed Enhancement Board (OWEB). He noted the challenges of finding
commonality among divergent value systems and balancing short-term impacts and long-term gains and
endorsed the project.
Chris Chambers/590 ElizabethlExplained he was a citizen volunteer on the AFRCA Technical Team
(AFRCA T) and that his views were personal and not represented by the AFRCA Ts. He clarified a factual
inaccuracy in a letter that was circulated in a previous Council Agenda Packet regarding the FEIS and this
discussion. He noted that based on the discussions from that meeting there were also some conceptual
inaccuracies surrounding the project. Specifically the letter said that the HAZRED Project regarding the fire
danger that resulted in the formation of the Ashland Water Protection Project (A WPP) removed all commercial
logging from the Ashland Watershed when in fact the A WPP included 185 acres of commercial logging. This
project was talking about commercial removal to support the restoration of forest eco systems and fire
protection in the watershed and not logging in its worst forms. Another example of supporting community
forestry was Phase II of the Ashland Forest Lands Restoration Proj ect where another 185 acres were logged by
helicopter for restoration and fire abatement purposes in the lower watershed using a plan that community
members developed over a period of years.
Darren Borgias/33 N Central/Explained he has worked with the Nature Conservancy for 20 years. He
worked with the Jackson County Integrated Fire Management Plan, helped with forest restoration, fuel
reduction projects, and is currently active on the Small Diameter Stewardship Collaborative. He felt the most
important forest restoration project was the Ashland Forest Resiliency for the Ashland watershed. On behalf of
the Nature Conservancy, he urged Council to endorse the project's Preferred Alternative along with the
recommendations of the Forest Lands Commission. He explained that the Ashland Forest Resiliency would
help both the forest and community become resilient to fire and that the Preferred Alternative was important
and necessary.
Victoria Sturtevant/720 Forest Street/Explained she was a Social Scientist with SOU, in the Environmental
Studies Program, and on a national team of Researchers studying CWPPS across the country. She noted that
the CWPPS and the Community Alternative were unique in the nation. She explained the collaborative
process for the Preferred Alternative was a complicated process that not only contained time restrictions, was
very technical with many divergent viewpoints yet was able to reach common goals in a limited time and
produced a sophisticated document. The process was inclusive, open, and transparent and invited community
participation. There was a potential for future collaboration and cooperation with the Forest Service,
Environmental groups, Community groups, schools, the university with great potential for social learning,
adaptive management, multi-party monitoring. Environmental Studies students were ready to help design the
multi-party monitoring and work on the implementation monitoring. This was a great opportunity for the
community. She asked Council not to forget the City's investment on the project.
Councilor Chapman/Jackson mls to approve the endorsement of US Forest Service Ashland Forest
Resiliency Project Preferred Alternative with recommendations provided by the Ashland Forest Lands
Commission. DISCUSSION: Councilor Hartzell was not going to endorse the Preferred Alternative because
it was a time of comment and did not think this was what the Forest Service was looking for. She voiced
appreciation for the efforts of the Forest Lands Commission.
ASHLAND CITY COUNCIL A;JEETlNG
October 7, 2008
PAGE 6ofIO
Councilor Hartzell/Hardesty mls to amend the motion to add the recommendation that the Forest
Service work with the City of Ashland on the development of an Memorandum of Understanding
specific to Ashland Fire Resiliency Project to implement the Ashland Forest Lands Commission
October 10,2007 Monitoring Plan. DISCUSSION: Councilor Chapman could not support the amendment
because he did not know what the recommendation was. Councilor Hartzell explained that the Forest Lands
Commission put together a more comprehensive monitoring plan that does implementation and effectiveness
monitoring, and has raised money to support the plan. The amendment was asking the City and Forest Service
to work on a Memorandum of Understanding (MOU) that would come back to Council for consideration and
would possibly take 6-9 months to develop. Councilor Hardesty thought the monitoring could start without the
MOU but having an MOU would give it "teeth." Councilor Jackson was not convinced that another legal
document was necessary to move forward and did not think the amendment was necessary. Councilor
Chapman was interested in moving forward but was not sure that an MOU was the right thing and would not
want to qualify something this specific without talking to Mr. Kerwin and others to determine if it was
sufficient. Councilor Hartzell explained that the amendment was taken from action the Forest Lands
Commission had made in the last two years to move forward. She was not proposing anything new but asking
that it move ahead. Councilor Navickas commented that the Forest Lands Commission had been working on
this for some time and they strongly supported the concept adding it would give them more authority in dealing
with the Forest Service and the MOU is the type of document that would give them legal authority. Councilor
Hartzell clarified this was not about authority but codifying an agreement. Councilor Silbiger noted that the
amendment honored the last paragraph of the forest recommendations. Roll Call Vote: Councilor Navickas,
Hartzell, Silbiger and Hardesty, YES; Chapman and Jackson, NO. Motion passed 4-2.
Continued Discussion on amended motion:
Councilor Jackson acknowledged they had received a letter from James Iggy, a respected Scientist from the
University of Washington encouraging Council to support the Ashland Forest Resiliency Project.
Councilor Navickas/Hartzell mls to amend the motion to include a recommendation that states
historically road construction, grading maintenance and use has been the largest contributor of
sediment within the watershed. Council has concerns about the large number of helicopter pads, road
use and road reconstruction associated with this project. It has been suggested that we restrict hauling
along the 2060 road from Four Corners to Section 30 removing helicopter pads 13, 15, 16, 17, 19 and
20. The Council would like this restriction considered.
DISCUSSION: Councilor Navickas explained the intention was for the Forest Service to consider the
amendment. Historically road construction has been the most impactful issue. The Forest Service had been
willing to remove chunks of the fuel breaks in the upper parts of the roadless area. This would have very little
impact on the over all project but reduce the cost significantly and still maintain the heavier fuel reduction
around the City and the periphery of the watershed. Councilor Hartzell asked how Councilor Navickas would
argue against his amendment. He responded that there would be benefits to removal of fuels within those
areas. He clarified that fuel removal could still occur in those areas; it would prevent the Forest Service from
hauling the trees out of the watershed, that down wooding debris is a benefit to any forest and actually creates
more fire resiliency by retaining moisture within the site. Councilor Jackson noted that the Forest Lands
Commission did discuss it and that down wood debris was in the subscriptions. The Forest Service might not
use all the helicopter pads but wanted to keep their options open. Councilor Hardesty clarified Councilor
Navickas' motion that if the Forest Service was not going to use all the helicopter pads, they should not build
them. Roll Call Vote: Councilor Navickas and Hardesty, YES; Councilor Chapman, Hartzell, Silbiger
and Jackson, NO. Motion failed 4-2.
Roll Call Vote on amended motion: Councilor Chapman, Hartzell, Silbiger, Jackson and Hardesty,
YES; Councilor Navickas, NO. Motion passed 5-1.
Councilor Navickas commented that he was familiar with the history of the projects in the watershed and there
was a lot of misinformation regarding them. He noted the document did not include information regarding the
current 9.5 miles of fuel breaks already within the municipal watershed. In the early 1990's, when there were
helicopter landings at Four Corners and HAZRED came forward, it was controversial because the public saw
ASHLAND CITY COUNCIL l\4EETfNG
October 7, 2008
PAGE 7 olIO
the type of abuse associated with these projects. Closed canopy forests create cool conditions whereas thinning
forests and opening up the canopy can cause small diameter fuels that may explode, temperatures become
warmer, sites are drier and subsequently more fire prone. What needs to occur within these areas is non-
commercial work that requires hand piling, burning and thinning from below. This project clearly emphasizes
timber removal over real fire management and understory fuels treatment. It will create more problems than it
will solve by opening canopies and making forests more prone to fire. He concluded, that road construction,
helicopter pads and logging associated with this project will have more impacts then benefits.
3. Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) Revenue for
tourism and non-tourism purposes for FY2009-2010 and after?
City Administrator Martha Bennett suggested Council strike the paragraph at the end of page one and
beginning of page two. She also clarified that the Chamber of Commerce fell under 3rd Priority Other Non-
tourism Projects determined by Council on page two.
Councilor Chapman noted that the City no longer awards grants smaller than $2,500 and asked to strike the
following from the paragraph on page two that starts "By January 31 of each year...." Strike "...greater
than $2,500 for non-tourism programs or any amount specifically intended for tourism per this
resolution..." And strike the last sentence: "Grant recipients of $2,500 or less for non-tourism programs
are required to report its use only when requesting additional money in a subsequent year."
Ms. Bennett explained that the Every Other Year Social Grants were under other money in the General Fund.
Councilor Chapman asked to strike the last line in the Allocation for FY 2008-2009 Only Table based upon
Council direction.
Administrative Services Director Lee Tuneberg provided an overview of the TOT FY -2010 Projected Revenue
Range spreadsheet explaining the table was a comparison of what was covered and what may occur in the next
two years.
Councilor Hardesty felt the decision required more discussion and suggested moving the TOT Resolution to
the next Council meeting.
Tom Olbrich/356 Alta/Explained that he worked for small to medium non-profit groups on the marketing
end. He had attended the previous night's Study Session and heard there were not enough small-medium
organizations to warrant the 21 % in the resolution. He clarified that there were and urged Council to pass the
resolution as presented by staff and decided by Council.
Councilor Jackson/Hartzell mls to approve the Resolution #2008-35 as presented by staff with the
suggested amendments. DISCUSSION: Councilor Hartzell explained that the 2% increase created more of
an obligation towards tourism and that the suggestion was to move it from one category to another. Councilor
Navickas noted that the Nuwandart Gallery went under because there was not enough funds allocated to small
grantees, the gallery did not receive a City grant, and that may have affected their ability to receive other
grants. Roll Call Vote: Silbiger, Navickas, Jackson and Hartzell, YES; Chapman and Hardesty: NO.
Motion passed 4-2.
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES~ RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
relating to parking regulations, allowing use of immobilizing device, authorizing towing, removing
downtown parking limitations, updating and correcting parking processes and procedures,
amending AMC Sections 11.08.080, 11.28.060, 11.28.080, 11.28.090, and 11.28.110, and repealing
AMC chapter 11.30 AMC Section 2.28.215"?
ASHLAND C1TY COUNCIL fHEETlNG
October 7, 2008
PAGE 8 of 10
City Attorney Richard Appicello read the ordinance title and the two tables that were added to the ordinance in
full.
Councilor Chapman/Jackson mls to approve Ordinance #2967. Roll Call Vote: Councilor Hartzell,
Jackson, Chapman, Navickas, Hardesty and Silbiger, YES. Motion passed.
2. Should the Council approve Second Reading of an ordinance titled, "An Ordinance Amending the
Ashland Municipal Code, adding new Chapter 4.36, providing for the establishment of an
affordable housing trust fund"?
City Attorney Richard Appicello read the ordinance title in full.
Councilor JacksonlHardesty mls to approve Ordinance #2966. Roll Call Vote: Councilor Silbiger,
Navickas, Hardesty, Hartzell, Jackson, YES: Councilor Chapman, NO Motion passed 5-1.
3. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
relating to irrigation systems, providing a penalty, and amending AMC Section 15.16.170"?
City Attorney Richard Appicello read the ordinance title in full.
Councilor Chapman/Hardesty mls to approve Ordinance #2965. Roll Call Vote: Councilor Navickas,
Jackson, Hardesty, Hartzell, Silbiger and Chapman, YES. Motion passed.
4. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
relating to water regulations and cross connection, and repealing Ordinance 2773"?
City Attorney Richard Appicello read the ordinance title in full.
Councilor ChapmanlHartzell mls to approve Ordinance #2964. Roll Call Vote: Councilor Hardesty,
Chapman, Navickas, Hartzell, Silbiger and Jackson, YES. Motion passed.
5. Should the Council conduct and approve First Reading, Declare an Emergency, and Conduct
Second Reading of an ordinance titled, "An Ordinance Ann.exing Property Comprising 'Verde
Village' and Formally Withdrawing Such Lands from Jackson County Fire District No.5 and
Declaring an Emergency"?
or
Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Annexing Property Comprising 'Verde Village' and Formally Withdrawing Such Lands from
Jackson County Fire District No.5," and move the ordinance on to Second Reading?
and
Will Council authorize the Mayor to sign the property line adjustment/partition plat map creating
by adjustment the individual parcels to be exchanged with the owner of Verde Village, and the
affordable housing parcel to be. conveyed to RVCDC?
City Attorney Richard Appicello explained the reasons for declaring an emergency and defined fiscal loss as
actual or threatened fiscal loss. The affordable housing provider was granted authorization t6 receive the
property early and needed to acquire the property prior to year-end to retain their financing. The City also
needs to comply with terms of the development agreement and exchange the property within 30 working days,
which started 10/06/08 when the City received written approval from the Federal Government for the land
exchange; failure to comply with the agreement would make the City subject to damages.
Councilor Hartzell opposed declaring an emergency explaining there was not enough information on what
CDC was facing to understand potential fiscal loss.
John Wheeler, the Director of Acquisitions and Construction explained they needed to start building and have
buildable lots by January 2009 in order not to miss the grant cycle, which would put building out another year
ASHLAND CITY COUNCIL A4EETlNG
October 7, 2008
PAGE 9 of 10
if the cycle was missed. There was also money available from Community Frameworks that help fund the
infrastructure for affordable housing. Currently they have $15,000 per unit allocated but require ownership
now in order to complete the approval process by mid J~nuary.
Councilor Navickas opposed declaring the ordinance an emergency adding that throughout the process there
had been a willingness to streamline the project, overlook regulations, ordinances and annexation criteria.
Mr. Appicello read the title aloud without declaring an emergency.
Councilor Silbiger/Hartzell mls to approve first reading of Ordinance and move to second reading.
Roll Call Vote: Councilor Hartzell, Jackson, Chapman, Hardesty, Navickas and Silbiger, YES. Motion
passed.
6. Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning Affordable
Housing Standards for Annexation," and move the ordinance on to Second Reading?
and
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance Type ill Procedures Chapter (AMC 18.108.060) Concerning General
Standards for Affordable Housing in Zone Changes," and move the ordinance on to Second
Reading?
Mayor Morrison announced that this item was pulled from the agenda at the request of staff. Item #6 requires
a Public Hearing and had not been Noticed at the time of the meeting but will go on the next City Council
meeting agenda.
7. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and Repealing
Chapter 6.28," and move the ordinance to Second Reading?
Item delayed due to time constraints.
8. Should the Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Tour Bus and Special Vehicle Permits," and move the ordinance on to Second Reading?
Item delayed due to time constraints.
9. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Relating to the Review of Public Art Proposals, Establishing Criteria and Selection Processes for the
Acquisition, Acceptance, or Removal from the Ashland Public Art Collection, "and move the
ordinance on to Second Reading?
Item delayed due to time constraints.
10. Should the Council conduct and approve First Reading of an ordinance titled~ "An Ordinance
Relating to Establishment of a Uniform Administrative Appeals Process," and move the ordinance
on to Second Reading?
Item delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Hartzell motioned to continue the meeting until tomorrow at noon. Motion denied due to lack
of second.
ASHLAND CiTY COUNCiL lvlEETlNG
October 7, 2008
PAGE 10 olIO
Councilor HartzelllNavickas mls to continue meeting in order to complete items on agenda.
DISCUSSION: Councilor Hartzell asked for a continuation of the Council meeting to determine whether the
Verde Village ordinance was an emergency. City Attorney Richard Appicello explained that Council could
declare an emergency regarding the Verde Village ordinance at the 10/21/08 regular meeting. Councilor
Hartzell preferred an earlier meeting.
Roll Call Vote: Councilor Hardesty, Navickas, Hartzell, Silbiger, YES; Councilor Jackson and
Chapman, NO. Motion passed 4-2.
Staff will review calendars and schedule Special Meeting for Friday, October 10, 2008 at noon.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
ASHLAND CITY COUNCIL CONTINUED A1EETlNG
October 10. 2008
PAGE I of2
MINUTES FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
October 10, 2007
Siskiyou Room
51 Winburn Way
CALL TO ORDER
Mayor Morrison called the meeting to order at 12: 11 p.m. in the Siskiyou Room, 51 Winburn Way.
CouncilorSilbiger, Hartzell and Chapman were present. Councilor Hardesty, Navickas and Jackson were
absent.
ORDINANCES~ RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve Second Reading and Declare an Emergency of an
ordinance titled, "An Ordinance Annexing Property Comprising 'Verde Village' and Formally
Withdrawing Such Lands from Jackson County Fire District No.5 and Declaring an
Emergency"?
or
Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
Annexing Property Comprising 'Verde Village' and Formally Withdrawing Such Lands from
Jackson County Fire District No.5,"
, and
Will Council authorize the Mayor to sign the property line adjustment/partition plat map
creating by adjustment the individual parcels to be exchanged with the owner of Verde Village,
and the affordable housing parcel to be conveyed to RVCDC? [15 Minutes]
Ordinance was read in full.
Councilor Chapman/Hartzell mls to reconsider first reading of ordinance. Roll Call Vote: Silbiger,
Hartzell and Chapman, YES. Motion passed.
It was noted that a letter had been submitted to the council by Rogue Valley CDC explaining the need for
an emergency declaration
Councilor Hartzell/Chapman mls to approve first reading of ordinance and move to second reading
declaring an emergency. Roll Call Vote: Silbiger, Hartzell and Chapman, YES. Motion passed.
Councilor Hartzell/Chapman to approve adoption of ordinance by declaring an emergency and
authorizing Mayor to sign the property line adjustment/partition plat map. Roll Call Vote: Silbiger,
Hartzell and Chapman, YES. Motion passed.
2. Should the Council conduct and approve First Reading of ~n ordinance titled, "An Ordinance
Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and
Repealing Chapter 6.28," and move the ordinance to Second Reading?
City Recorder Barbara Christensen briefly explained that this ordinance assists in bringing into compliance
Taxi Companies and better clarify the application process. It also addresses the need to exempt such
services as Valley Lift.
------.-~--~
ASHLAND CITY COUNCIL CONTINUED ,A.IEETING
October 10, 2008
PAGE 2 of2
Councilor Chapman/Silbiger m/s to approve first reading of ordinance and move to second reading.
Roll Call Vote: Silbiger, Hartzell and Chapman, YES. Motion passed.
3. Should the Council conduct and approve the First Reading of an ordinance titled, "An
Ordinance Relating to Tour Bus and Special Vehicle Permits," and move the ordinance on to
Second Reading?
Councilor Hartzell/Silbiger m/s to approve first reading of ordinance and move to second reading.
Roll Call Vote: Silbiger, Hartzell and Chapman, YES. Motion passed.
4. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Relating to Establishment of a Uniform Administrative Appeals Process," and move the
ordinance on to Second Reading?
Councilor Silbiger/Chapman m/s to approve first reading of ordinance and move to second reading.
Roll Call Vote: Silbiger, Hartzell and Chapman, YES. Motion passed.
ADJOURNMENT
Meeting was adjourned at 12:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison
CITY OF
ASHLAND
JOINT STUDY SESSION
PLANNING COMMISSION & CITY COUNCIL
MINUTES
AUGUST 27, 2008
ATTENDANCE
The meeting came to order at 7:10 p.m. in the Bellview Grange, 1050 Tolman Creek Road.
Planning Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Debbie Miller
Michael Church
Pam Marsh
Melanie Mindlin
Dave Dotterrer
City Council Present:
Cate Hartzell
Eric Navickas
Alice Hardesty
Kate Jackson
David Chapman
Staff Present:
Bill Molnar, Community Development Director
Martha Bennett, City Administrator
Maria Harris, Planning Manager
April Lucas, Administrative Assistant
Absent Members:
Mike Morris, Planning Commissioner
Tom Dimitre, Planning Commissioner
John Morrison, Mayor
Russ Silbiger, Councilor
CROMAN MILL SITE REDEVELOPMENT PLAN
Community Development Director Bill Molnar provided a recap of the meetings held to date on this issue. He noted Option D
had received the most votes; however Option C also received support. He explained following the last meeting, the
Consultants continued to receive feedback and have incorporated the best of the two proposals. Mr. Molnar commented on
the next steps in this process, which include creating a final plan that meets the requirements of the grant and bringing it
before the City Council for adoption. He noted staff had received a preliminary application request from the property owner for
a light industrial use and is hopeful the property owner will be patient and continue to work with the City as they move through
these final steps.
CONSULTANT PRESENTATION
Consultants George Crandall, Don Arambula and Jason Graf with Crandall Arambula PC introduced themselves to the group.
Mr. Crandall reviewed the study area, project scope, and timeline for this project. He noted that housing was not selected for
this site and spoke on the issue of sustainability, which included an outline of the following elements: 1) strict conservation
standards, 2) high density housing, 3) improved transit service, 4) protected bike paths, 5) employment next to high density
housing, 6) neighborhood grocery stores, 7) compact development, 8) energy efficient industries, and 9) reuse waste heat. Mr.
Crandall elaborated on the benefits of protected bike lanes and presented several photos to the group. He commented on the
elements of a great bicycle system and stated Ashland is nicely positioned for this type of system.
Mr. Arambula provided a presentation on the following elements of the Croman Mill Redevelopment Plan:
· Permitted Uses
· Location for Primary Road Alignment
· Local Street Grid
· Location of Light Industrial and Office Uses
. Open Space Possibilities
Joint Study Session
August 27, 2008
Page 1 of 5
. Parking
· Pedestrian and Bike Circulation
. Transit
· Development Requirements
Permitted Uses
Mr. Arambula reviewed the zones and proposed uses for this site, including potential code language modifications.
M1lndustrial- Remove the following uses:
1) Railroad yards and freight stations, trucking and motor freight stations and facilities.
2) Junkyard and auto wrecking yards.
3) Concrete or asphalt batch or mixing plants.
E 1 Emolovment - Remove the following uses:
1) Building material sales yards.
2) Wholesale storage and distribution establishments.
3) Recycling depots.
4) Residential uses.
5) Cold storage plants.
6) Automobile and truck repair facilities.
7) Mini-warehouses and similar storage areas.
8) Contractor equipment storage yards.
9) Automobile fuel sales.
10) New and used car sales, boat, trailer and recreational vehicles sales and storage areas.
11) Any use which involves outside storage of merchandise, raw materials, or other material associated with
the primary use on the site.
12) Automotive body repair and painting.
Additionally, Mr. Arambula recommended the code identify maximum allowable sizes for:
1) Stores, shops and offices supplying commodities or performing services.
2) Bakeries.
C1 Retail Commercial- Remove the following uses:
1) Commercia! laundry, cleaning and dyeing establishments.
2) Bowling alleys, auditoriums, skating rinks, and miniature golf courses.
3) Automobile fuel stations and automobile and truck repair facilities.
4) Drive-up uses.
5) Kennel and veterinary clinics
6) New and used car sales, boat, trailer, and recreational vehicles sales and storage areas.
7) Outdoor storage of commodities.
8) Building material sales yards.
9) Churches or similar religious institutions.
10) Wireless communication facilities not permitted outright and authorized.
Mr. Arambula recommended the code identify maximum allowable sizes for:
1) Department stores, antique shops, artists supply stores, and regional shopping centers.
Location for Primary Road Alignment
Illustrations were provided of the proposed primary road alignment and 3-lane street design, which would accommodate
sidewalks, travel lanes, parallel parking on both sides, and a protected bike path on one side. Mr. Arambula noted there are
some existing businesses that would need to be relocated in order to accomplish this and reviewed the suggested street
phasing plan.
Joint Study Session
August 27, 2008
Page 2 of 5
Local Street Grid
Mr. Arambula provided an explanation of the proposed street grid and noted the grid itself would be built by the developer. He
clarified these streets would not include the protected bike paths and the streets should be constructed in a way that makes
the bicyclist feel comfortable traveling with the auto traffic (slow traveling speeds, etc.)
Location of Light Industrial and, Office Uses
An illustration of the proposed employment, commercial and industrial areas was presented to the group. Mr. Arambula
clarified this layout was developed in response to the issues raised at the previous meeting.
Open Space Possibilities
Mr. Arambula commented on parks and squares and the difference between the two. He displayed examples of each type and
recommended a central square or park be located next to the proposed Plexis site.
Parking
Mr. Arambula presented the proposed locations for the parking structure and potential park and ride. He reviewed the costs
associated with parking structures and noted below grade structures can cost almost double that of above grade structures.
Pedestrian and Bike Circulation
Mr. Arambula noted the locations of the proposed protected bike paths and the existing and planned bike lanes. He also
commented on how the bicycle and pedestrian traffic would circulate the site.
Transit
Mr. Arambula commented on possible transit options for this site, which include a fixed rail system. He noted the difference
between street cars and light rails and recommended the City begin planning for this type of system, even if it cannot be built
right away.
Development Requirements
Mr. Arambula stated the last element is the development requirements, and stated the following three elements were
essential: 1) build to lines, 2) required active edges, and 3) required on street parking. He suggested a maximum building
height of 11 floors in the middle of the site, and 5 floors at the north end. He clarified the intent is to go bigger in this area in
order to obtain more density and noted they would not be considering these heights if they didn't have the commuter rail
system.
COMMENTS
Mr. Crandall requested the Planning Commission, City Council and public members in attendance share their concerns and
comments. The following are some of the statements that were made:
· Are you aware of the Airport Overlay? This may restrict the building heights in this area.
· The Plexis site has a substantial amount of field area that is unbuildable, have they considered this?
. How many people are needed to support a commuter rail system?
· Some residents move to Ashland for the views of the mountains, how will tall buildings impact this?
. Too much emphasis has been placed on transportation.
· Regarding scale,bulk and density, they need to make sure this area retains Ashland's small town character and
looks like it belongs.
. They need something that will look pleasant from the interstate.
· What other incentives can they provide to developers for creating the street grid aside from higher building heights?
. We do not want to create "signature towers."
. Why isn't the industrial area closer to the railroad?
FINAL OVERVIEW
City Administrator Martha Bennett recommended the Consultants revisit each of the plan's elements and solicit final feedback
from the Planning Commission and Council.
Joint Study Session
August 27,2008
Page 3 of 5
· Permitted Uses
Mr. Crandall reviewed the proposed amendments to the current zoning code for this site and gave examples
of what this would allow and disallow.
M1lndustrial. Suggestion was made to include a docking station or staging area as an incentive.
E1 Emplovment. Suggestion was made to remove mortuaries and crematoriums from permitted uses in this area.
Comment was made questioning the removal of large bakeries. Mr. Crandall clarified this would be allowed in one of
the other zones and stated bakeries typically do not have high density. Comment was made questioning the retention
of hotels and motels. Mr. Crandall stated extended stay hotels are often attractive amenities for contract employees
and suggested they could consider restricting certain types of lodging accommodations.
C1 Retail/Commercial. Mr. Crandall commented on their reasoning for removing some of the uses and described this
zone as neighborhood commercial. He noted the recommendation to set a maximum permitted size for department
stores and supply stores and suggested they set a minimum residential density in the code, rather than a maximum.
Comment was made regarding the removal of churches. Mr. Arambula clarified the intent is to have high uses in this
area.
It was noted that the Consultant's would provide a hard copy of the proposed land use code changes to the group.
They were asked to mark up their edits and suggestions and submit them to staff.
· Location of Primary Road Alignment
. Local Stre.et Grid
Comment was made questioning the inclusion of a local street grid since it is unable to extend to the surrounding
area. Comment was made that the grid may limit the flexibility of a developer and perhaps they should include the
option for an alternative. Comment was made that they may be working backwards by outlining the transportation
plan first and then forcing buildings to fit within that concept.
. Location of Light Industrial
. Open Space Possibilities
Comment was made questioning if 2 acres is too much space. Opposing comment was made that they should be
preserving more open space, not less. Mr. Arambula clarified the appropriate size depends on whether they want a
park or a square. He stated a 1-acre square is ample, however if they want a park it should be at least 1-acre. He
added he has a sense this should be an informal park with lots of green plantings and grass and it would be a place
for employees and the surrounding residents to enjoy.
. Parking
Mr. Arambula noted that Plexis would likely provide parking on site in the beginning, but as they expand the parking
structure would provide a good option for them. Suggestion was made to switch the locations of the parking structure
and the park. Mr. Crandall recommended the park be placed front and center for security reasons. He added parking
structures tend to be unsightly unless you spend a lot of money on them, and stated if the structure was kept behind
the park, they could choose to enhance just the one side facing the park.
. Pedestrian and Bike Circulation
Comment was made questioning why they did not propose protected bike lanes on both sides of the road. Comment
was made that they should extend this to the rest of the City.
. Transit
Joint Study Session
August 27, 2008
Page 4 of 5
. Development Requirements
Concerns were expressed regarding the proposed 11 story building height. Mr. Arambula acknowledged the groups
concerns and stated they would check into how the Airport Overlay will affect this and they will revisit this issue.
ADJOURNMENT
Meeting adjourned at 10:20 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
-foint Study Session
August 27, 2008
Page 5 of 5
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
SEPTEMBER 9, 2008
CALL TO ORDER
Commissioner Stromberg called the meeting to order at 1 :30 p.m. in the Civic Center Council Chambers, 1175 E Main Street.
Commissioners Present:
John Stromberg
Michael Dawkins
Michael Morris
Staff Present:
Adam Hanks, Permit Center Manager
Amy Anderson, Assistant Planner
April Lucas, Administrative Assistant
APPROVAL OF MINUTES
Commissioners Dawkins/Stromberg m/s to approve the August 12, 2008 Hearings Board minutes. Voice Vote: all
AYES. Motion passed.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: 2008-00801
SUBJECT PROPERTY: 960 Harmony
APPLICANT: Bill Emerson for Jendrisak and Berry
DESCRIPTION: Request for a Conditional Use Permit and Site Review approval for a 592 square foot Accessory
Residential Unit above a proposed two-vehicle garage accessed from the alley for the property located at 960
Harmony.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 391E
15AC; TAX LOTS: 1500
Morris noted this Planning Action is a continuation from the August 12, 2008 Hearings Board meeting.
Declaration of Ex Parte Contact
Dawkins stated he performed a site visit, but had no ex parte contact. Morris declared no site visits or ex parte contacts.
Stromberg stated he performed a site visit and shared his observations, including: 1) that he drove down the alley to the dead-
end and then had to back out because there is no turnaround, and 2) that he observed the alley's surface and saw a cut that
appeared to be caused by water.
Staff Report
Assistant Planner Amy Anderson provided a brief recap of the planning action. She noted the application was preliminarily
approved in June and was called up for a public hearing in July. The Hearings Board held the public hearing at their August
meeting, and at that time a request came in to keep the record open for an additional 7 days. Ms. Anderson stated the record
is now closed and the Hearings Board may begin deliberations. She noted a correction needs to be made to the Staff Report
Addendum and stated the following sentence should be deleted from Page 4, "The applicant is proposing to reduce the width
of the driveway curb-cut which would provide for an on-street parking credit on Harmony Lane, for a total of six spaces."
Deliberations and Decision
Stromberg stated he is interested in the following issues: 1) the activity that will take place at the rear of the property due to
the location of the proposed Accessory Residential Unit, 2) whether increased traffic will have an impact on the alley's surface,
3) what are the implications that it is a dead-end alley without a turnaround, and 4) the storm water pipe concerns expressed
by Cyndi Dion.
Ashland Hearings Board Meeting
September 9, 2008
Page 1 of 2
Ms. Anderson clarified the Public Works Department confirmed that maintenance was done on the pipe referred to by Ms.
Dion.
Dawkins commented on the neighbor's suggestion to reduce the impact on the alley by moving the accessory unit to the front
of the property. He questioned whether the driveway would then meet the setback requirements and noted there is also a
large Cedar tree that would impact this option. In regards to the issue raised about the diameter of the storm drainage pipe,
Dawkins noted the staff report indicated the pipe was adequate to handle this residential use. He also stated he does not feel
there will be a lot of extracurricular traffic on the alley caused by the proposed accessory unit. Dawkins noted the applicant's
offer to eliminate the two extra parking spaces and stated he was willing' to accept that offer.
Morris also commented on some of the issues raised by the neighbors. He stated a lot of properties are "back-loaded" and
noted the City has been encouraging garages to be located at the back of the lot and accessible through the alley, He
commented on the requirement for paved access and stated the City has always applied this to mean there is paved access to
the property's street address, He stated this application meets the intent of the ordinance and cited a recent approval on Ross
Lane where they did not require Ross Lane or the alley to be paved. Morris stated he has no problems with the application .
and the conditions recommended by staff and sees no reason to deny it.
Stromberg questioned whether the board supported removing the two extra parking spaces as offered by the applicant. Morris
stated he would prefer to include the spaces, but with pervious pavement. Dawkins stated he could go either way, but if
included, he also would like them to be pervious. Stromberg stated he could also go either way, but is inclined not to have
them because: 1) pervious pavers do not drain as well as not having anything there, and 2) he is concerned that the spaces
might attract additional cars and parking. Ms. Anderson clarified that based on the site plan, the applicant needs to keep at
least one of the parking spaces. She also clarified it is already conditioned to be pervious pavement.
Commissioners Dawkins/Stromberg m/s to approve PA #2008-00801. Roll Call Vote: Commissioners Dawkins, Morris
and Stromberg, YES. Motion passed.
UNFINISHED BUSINESS
None
ADJOURNMENT
Meeting adjourned at 2:00 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ashland Hearings Board Meeting
September 9, 2008
Page 2 of 2
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
SEPTEMBER 9, 2008
CALL TO ORDER
Commission Chair John Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East
Main Street.
Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Mike Morris
Debbie Miller
Pam Marsh
Melanie Mindlin
Tom Dimitre
Dave Dotlerrer
Staff Pres;ent:
Bill Molnar, Community Development Director
Maria Harris, Planning Manager
April Lucas, Administrative Assistant
Absent Members:
Michael Church, excused
Council Liaison:
Cate Hartzell
CONSENT AGENDA
A. Approval of Minutes
1. August 12, 2008 Planning Commission Minutes
Commissioners Morris/Dawkins m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
ANNOUNCEMENTS
None
PUBLIC FORUM
No one came forward to speak.
TYPE III PUBLIC HEARINGS
A. Water Resource Protection Zones Ordinance
Stromberg commented briefly on the site visits held on September 3 and September 6. He noted the scientist (Jeannine
Rossa) who joined them on the visits and suggested she be invited to the next Planning Commission meeting to present a
report. Stromberg suggested they proceed with the discussion tonight by making a list of the items they wish to discuss
further, begin those discussions, and then plan on making a final decision at the next meeting. Marsh indicated she is ready to
take action on this ordinance tonight and suggested they have the staff report and public hearing before making a decision on
the process. Morris stated he is also ready to move forward and noted they have been working on this off and on for 5 years.
Mindlin commented that if they do wait until the next meeting to make a decision, perhaps the Parks Department could be
invited so their comments are made part of the record. Miller suggested they hear the staff report and take public input before
deciding how to proceed. Council Liaison Hartzell voiced support for the Commission waiting and obtaining a report from Ms.
Rossa before making a final decision.
Planning Manager Maria Harris and Community Development Director Bill Molnar addressed the group. Ms. Harris provided a
presentation and explained the ordinance package before them includes the following components: 1) adoption of the Local
Wetlands Inventory as a technical study that supports the Comprehensive Plan, 2) adoption of the Water Resources Map,
Ash/and Planning Commission
September 9, 2008
Page 1 of 3
3) revision of the Floodplain Corridor Lands Map, 4) revision of Chapter 18.62, and 5) addition of Chapter 18.63, Water
Resource Protection Zones.
Ms. Harris reviewed the most recent changes made to the ordinance and listed the July 22nd edits as the following: 1)
broadened the definition of hand-held equipment, 2) removed the non-native planting section, 3) added language regarding
pervious paving for outdoor use area, 4) added an exemption for nonconforming structures, and 5) added an exemption for
previously approved building envelopes and driveways and included a timeline of 36 months. Ms. Harris commented on the
top of bank definition and stated almost every other jurisdiction in the State uses this definition. She noted the physical
characteristics you look for in identifying top of bank and suggested a diagram be included in the ordinance. She stated the
ordinance has been updated to indicate the top of bank definition will be used for riparian corridors, and the remaining streams
would use the center line definition. She stated the protection zone for local streams would be 40 ft. from the center line, and
the protection zone for intermittent and ephemeral streams would be 30 ft. from the center line. Ms. Harris stated additional
edits include an exemption for the installation of unpaved trails, exempting paving and reconstructing streets and driveways,
and reorganization of the land use approval section.
Ms. Harris noted the ordinance addresses the concerns expressed by the Parks & Recreation Department and the Public
Works Department. She stated the Parks Department requested the exemption for unpaved trails and the Public Works
Department had concerns about being able to remove growth that affects the flow of drainage facilities.
Ms. Harris stated this ordinance package would provide for the systematic protection of wetlands, it would increase the size of
the stream buffer (except for the.6 streams with delineated floodplains), and it would manage the activities in the protection
zone to protect the wetland and riparian functions. She stated staff's recommendation is for the Planning Commission to
recommend approval of the proposed ordinance to the City Council.
Royce Duncan/1065 Paradise LaneNoiced his concerns with the proposed ordinance. Mr. Duncan commented on the
definition of "significant" and does feel they should be using the 1987 determination of assets. He referred to the "Oregon
Procedures and Requirements for Complying with Goal 5" and the "Report by the Riparian Management Work Group." He
stated the State is clear that fish bearing streams should be protected, and the City should follow their standards for this.
However, the State does not address intermittent and local streams and this is something the City has added on. He stated
the current draft is too restrictive and the issues being raised are not regarding the State's requirements, but rather are being
caused by the City's additions.
Dawkins suggested they approve the maps, since they are pretty straightforward, and then begin deliberations on the
ordinance language. Stromberg suggested they begin discussions by having each member list which areas they would like to
discuss further. Mindlin stated she would like to discuss storm water, exemptions, structures and pervious surfaces, and
whether to include an ongoing review process in the ordinance. Dotterrer stated he would like to discuss outdoor use areas,
establishing a water quality baseline, whether the buffer areas are too wide, different levels of protection for different sections
of the streams, exempting Lithia Park and the downtown area, and the use of the term "stringent" in 18.62. Miller stated she
would like to discuss the reduction of the protection zone up to 50%, outdoor use, nonconforming structures, permeable
pavers, and applying this language to the parcels they visited on their site tours. Dimitre stated he would like to discuss
outdoor uses, the legal nonconforming uses, canopy covers and how that plays into this, Section 18.63.080, hardship
variances, enforcement, incentives for homeowners, and what role Ms. Rossa might play in this. Stromberg stated he would
like to discuss the relationship of the ordinance to the flood control regulations, preparing a user's guide, having some kind of
evolving process for this ordinance, how the sewer system along Ashland Creek will be affected, the relationship between this
ordinance and the TID, what to do about the Calle and Water Street properties, positive plants lists, how to deal with
chemicals, demonstrations sites, and responding to the proposals from the Ashland Watershed Council.
The Commission took a brief recess to organize the discussion points listed. It was agreed the Commission would hold
discussion until 9:30 p.m. and then continue this item to their next meeting.
Stromberg explained the issues have been separated into three main categories: setbacks, activities, and enforcement. He
added the few remaining issues that did not fit within one of the categories would be dealt with at the end.
Ashland Planning Commission
September 9, 2008
Page 2 of 3
HardshiJ) Variance
Dimitre questioned the language in 18.63.090.C, which reads "The proposed activity or use of land would have been permitted
prior to the effective date of this ordinance." He stated it sounds as if this language exempts the ordinance. Ms. Harris
explained this language is trying to establish that what someone wants to do could have been done prior to this ordinance
taking affect. She added all 8 criteria listed need to be satisfied in order to qualify for the variance. Dimitre suggested the
ordinance include the word "all" so that this is clear.
Protection Zone Reductions
Miller questioned 18.63.080 and stated 50% seems like a lot for a residential lot, especially the smaller ones. Mr. Molnar
clarified the language reads "up to a 50% reduction" and this is the maximum, not an automatic amount. He added an
applicant would need to have a very robust mitigation plan in order for a 50% reduction to be considered. Dimitre stated the
language does not speak to what activities could be exempted and stated he would rather remove this section from the
ordinance, and if that is not possible, make it a 25% maximum or a Type II approval to make it more difficult for people to do.
Suggestion was made to possibly include more stringent criteria for this section. Mr. Molnar stated if the Commission wishes
to change this provision, they need to provide specific direction to staff. Stromberg restated his suggestion to hear Jeannine
Rossa's input on this. Marsh voiced concern that this person has now become an authority on this process. Morris agreed and
stated it seems as if they are going back to the beginning. He noted they have already determined that it is not possible to
map out every lot along the streams and feels this is where some of the members are heading. Mindlin suggested those that
have issues provide specific suggestions at their next meeting.
Stromberg commented on the notion of having different setbacks for the various sections of a watercourse and asked for the
Commission's input on this. Dotterrer stated the functions of a stream change along the course of the stream and voiced
support for looking into this. Stromberg also voiced support for flushing out this idea. Dimitre noted this ordinance is designed
to protect the entire riparian habitat and not just the fish. He added that he has concerns about reducing the buffer area and
how this might harm the other wildlife.
Dimitre left the meeting at 9:25 p.m.
Dotterrer questioned the buffer sizes and asked where the 30 ft. and 40 ft. figures came from. Mr. Molnar clarified these
figures are based on existing knowledge of the community and how the current standards have been applied. He stated staff
felt the current standards were inadequate and this is why it was increased.
Stromberg noted they have reached the time they decided they would conclude and announced this hearing would be
continued to the October 16,2008 Planning Commission meeting. Morris expressed his concerns with the process and does
not feel they are moving towards as outcome. Stromberg clarified it is his intention to take a vote on this ordinance at their
next hearing.
UNFINISHED BUSINESS
None
OTHER
A. Overview of City Employment Lands Inventory
Mr. Molnar noted there have been a lot of questions regarding the City's E1 and M1 zoning throughout the Croman Mills
redevelopment process, and provided a brief presentation on the City's employment lands inventory. He displayed maps that
outlined the City's commercial, employment and industrial zones and noted the City's total net buildable acreage is
approximately 117 acres, and the gross vacant or partially vacant acreage is 167 acres. Mr. Molnar commented on the types
of buildings you normally see in these areas and displayed several pictures of various industrial buildings in Ashland.
ADJOURNMENT
Meeting adjourned at 10:00 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ash/and Planning Commission
September 9, 2008
Page 3 of 3
CITY OF
ASHLAND
JOINT STUDY SESSION
PLANNING COMMISSION, HISTORIC COMMISSION, & CITY COUNCIL
MINUTES
SEPTEMBER 23, 2008
CALL TO ORDER
Historic Commission Chair Dale Shostrom called the meeting to order at 7:05 p.m. in the Civic Center Council Chambers,
1175 E. Main Street.
Planning Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Pam Marsh
Melanie Mindlin
Mike Morris
City Council Present:
Cate Hartzell
David Chapman
Absent Members:
John Morrison, Mayor
Alice Hardesty, Councilor
Eric Navickas, Councilor
Kate Jackson, Councilor
Russ Silbiger, Councilor
Keith Swink, Historic Commissioner
Historic Commissioners Present:
Dale Shostrom, Chair
Henry Baker
Tom Giordano
Allison Renwick
Terry Skibby
Samuel Whitford
Staff Present:
Bill Molnar, Community Development Director
Maria Harris, Planning Manager
April Lucas, Administrative Assistant
Alexander Krach, Historic Commissioner
James Watkins, Historic Commissioner
Debbie Miller, Planning Commissioner
Michael Church, Planning Commissioner
David Dotlerrer, Planning Commissioner
Tom Dimitre, Planning Commissioner
HISTORIC PRESERVATION PLAN
Planning Manager Maria Harris explained the purpose of this project is to identify areas for improvement within Ashland's
existing program and develop a blueprint for Ashland's Historic Preservation program for the next 10 years. She noted this
project has been funded by a Certified Local Government grant and the grant work concludes with the consultant's
presentation of the draft plan. Ms. Harris stated the Preservation Plan falls within the scope of the Historic Commission's
duties and responsibilities; however, the City Council and Planning Commission were included in this presentation because
there is some overlap with the Planning Commission and the Council will ultimately approve the plan.
Historic Preservation Consultant Kimberli Fitzgerald provided a presentation that addressed the following:
. The methodology used to create the Plan.
. Elements of the City's existing program.
. Needs expressed by the Historic Commission and City staff.
. Results of the public survey.
She also provided the following outline of the projects identified in the Plan:
Priority #1 (Projects targeted for completion in the first 5 years)
. Establish more detailed standards for Residential Districts.
. Pursue National Register listing for eligible areas identified in the Ashland North RLS Survey.
Joint Study Session
Septemb(7r 23, 2008
Page 1 of :3
. Establish a local grant/loan program.
. Develop a new homeowner handbook.
· Establish a Mentoring Program for new Historic Commissioners.
Priority #2 (Projects targeted for completion by 2016)
· Develop criteria for landmark listings and establish a local landmark list.
· Establish Ashland as a Preserve America community.
· Develop a Walking Tour/Brochure program.
· Establish an improved recruitment process for Historic Commissioners.
Priority #3 (Projects targeted for completion by 2017)
· Appoint a Historic Commission liaison to the Planning Commission.
· Identify areas to expand existing National Register Districts.
· Offer permit fee reduction for certain historic land use applications.
· Offer workshops/brown bag lunches.
· Provide Historic Commissioner training.
Priority #4 (Projects targeted for completion by 2018)
· Draft enabling language for the Historic Review Board.
· Nominate Lithia Springs to the National Register.
· Establish a Main Street program.
· Write and distribute a newsletter from the Historic Commission.
· Take advantage of local and national networking opportunities.
Ms. Fitzgerald concluded her presentation and asked if the group had any questions. She noted there are a lot of different
forms a Historic Advisory Committee could take. She stated they could provide recommendations to the Planning Commission
(like it is done in Ashland), or some Historic Committee's act as a quasi-judicial body and make final decisions on certain
elements of a project. She added there is no right or wrong way, and Ashland should do whatever is best for this community.
Comment was made questioning how a homeowner wanting to change exterior conditions would know what is and isn't
recommended. Ms. Fitzgerald explained the City's Historic Commission could do an annual mailing to all historic homeowners,
or they could consider attaching conditions to the property deed.
Giordano voiced his support for the Historic Commission taking a more quasi-judicial role and stated this could shorten the
review process for the applicant and lighten the load for the Planning Commission. Dawkins stated he does not see the need
for another quasi-judicial body, and suggested a member of the Planning Commission sit on the Historic Commission, and not
the other way around as proposed. Giordano suggested one member sit on each: a Historic liaison to the Planning
Commission, and a Planning liaison to the Historic Commission. Mindlin noted the Planning Commission has restrictions on
the number of design professionals that are allowed. Skibby noted that he has been involved with the Historic Commission
since 1989 and overall, the current advisory approach has worked well; however a combination might work well for certain
things. Planning Manager Maria Harris clarified the Preservation Plan identifies the Historic Commission as having a role in
reviewing activities that currently do not require a permit. She stated the Historic Commission could be the final authority in
this area; however, the Plan does not speak to this overall increase in authority as mentioned by the commissioners.
Ms. Fitzgerald clarified one of the first priorities is to take a look at the City's code and identify where inconsistencies and
conflicts are. Community Development Director Bill Molnar commented that a specific area of inconsistency is with the City's
Downtown Standards and the Historic Standards in regards to projects with residential elements. He stated the intent is for the
Downtown Standards to override, but the code does not say this. He added this has recently become an issue with some
mixed use projects.
Hartzell commented on how the Plan interfaces with the Conservation Commission and Forest Lands Commission and
suggested staff send this plan out for review by these groups.
Joint Study Session
September 23, 2008
Page 2 of :3
Comment was made questioning which group should initiate the code language changes. Ms. Harris clarified that while the
Planning Commission or the City Council could bring this forward, it is also within the Historic Commission's role and they
have the ability to apply for grant funding through the CLG program. She added if this plan gets approved, this is one of the
first projects the Historic Commission will pursue.
Dawkins voiced his support for preparing a pamphlet that provides a historic perspective of Ashland and simplifying the way
people pull historic information on a particular property. He also noted the Helman Baths property and stated it is important
that this as well as other historic farm homes be identified. Marsh voiced her support for a homeowner handbook that provides
basic information and guidelines for how to go about a renovation. She also voiced her support for a simple walking tour
brochure that identifies the properties on the federal register.
Ms. Fitzgerald spoke to the inventorying of additional resources. She commented on when it is better to identify districts rather
than sporadic properties and provided examples of how other Oregon jurisdictions have gone about this. Shostrom noted that
you could cut up Ashland into a lot of historic districts, but this is expensive and difficult to do. He added that sometimes
homeowners do not want to become part of a Historic District because they feel this would incur too many regulations.
Chapman asked about conflicts between historic restorations and building codes. Ms. Fitzgerald clarified this is a common
problem and would be examined in the proposed code evaluation process. She added, however, there are some ADA
requirements that you cannot get around. Giordano noted Ashland has a Building Appeals Board, which provides an applicant
the opportunity to appeal the decision of the City's Building Official. Renwick noted a situation where the Building Dept.
wanted a change that could have severely impacted the fa<fade of a historic home. She noted the Historic Commission Chair
met with the Building Official, and they were able to work out the issues. Giordano commented that they need to get the word
out that the City's Building Official has the ability to flex.
Stromberg commented on new buildings with historic elements. Skibby noted a new structure does not have to be a
Craftsman or Victorian to fit in. He stated newer styles can fit in as long as there are compatible elements (such as roof
pitches) and recommended they encourage this rather than imitation. Dawkins agreed and stated some variation is fine and
makes Ashland's neighborhoods unique.
Comment was made questioning if the Plan proposes adding additional historic districts. Ms. Fitzgerald clarified one of the
goals is to identify areas abutting the historic districts to see if they can be incorporated into the existing districts, or if the
creation of separate districts is more appropriate. Shostrom noted that it is a bigger job to create a new district rather than
adding onto an existing one.
The meeting concluded with thanks offered to Ms. Fitzgerald for her hard work with this project.
ADJOURNMENT
Meeting adjourned at 8:15 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Joint Study Session
September 23, 2008
Page 3 of 3
CITY OF
ASHLAND
JOINT STUDY SESSION
PLANNING COMMISSION, HOUSING COMMISSION, & CITY COUNCIL
-MINUTES
SEPTEMBER 30, 2008
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:05 p.m. in the Civic Center Council Chambers, 1175 E. Main Street.
Planning Commissioners Present:
John Stromberg, Chair
Michael Dawkins
Pam Marsh
Melanie Mindlin
Mike Morris
David Dotterrer
Michael Church
Housing Commissioners Present:
Regina Ayars
Aaron Benjamin
Graham Lewis
Carol Voisin
Absent Members:
Debbie Miller, Planning Commissioner
Tom Dimitre, Planning Commissioner
Cate Hartzell, Councilor
William Smith, Housing Commissioner
City Council Present:
John Morrison, Mayor
Alice Hardesty
Eric Navickas
Kate Jackson
David Chapman
Russ Silbiger
Staff Present:
Bill Molnar, Community Development Director
Brandon Goldman, Senior Planner
Martha Bennett, City Administrator
Richard Appicello, City Attorney
Linda Reid, Housing Program Specialist
April Lucas, Administrative Assistant
Richard Billin, Housing Commissioner
Nick Frost, Housing Commissioner
Stephen Hauck, Housing Commissioner
Alexandra Amarotico, Housing Commission Student Liaison
PRESENTATIONS
Mayor Morrison presented the City's outgoing Informational Technology Director Joe Franell with a plaque in recognition of his
work for the City.
HOUSING INCENTIVES & REGULATORY BARRIERS
Community Development Director Bill Molnar and Senior Planner Brandon Goldman addressed the group. Mr. Goldman
provided a brief presentation which addressed Ashland's rental market profile, rental production, and changing market
conditions. He also identified the following regulatory barriers and possible incentives:
Reaulatorv Barriers:
. Density Limitations
. Height Limitations
. Parking Minimums
. High Development Costs
. Restrictive Site Design & Use Standards
. Limited Availability of Multi-Family Residential zoned area
. Single Family Development occurring in Multi-Family Residential zones
. Accessory Residential Units conditionally allowed
Joint Study Session
September 30, 2008
Page 1 of 4
Mr. Goldman also spoke to the regulatory barriers identified in the 2002 Housing Action Plan, which include: 1) identifying and
zoning additional land for multi-family and affordable housing developments, 2) limiting or restricting single family housing in
multi-family districts, 3) encouraging the development of accessory dwelling units, and 4) allowing for (or requiring) single
family residential development on small lots.
Incentives:
· Density Bonuses
. Transfer of Development Rights
. Re-zoning
. Direct Subsidy
· Dedication of City owned property
. Air-rights development
. Expedited Review
. Fee Waivers
. Tax Exemptions
Mr. Goldman listed the incentives identified in the 2002 Housing Action Plan, which include: 1) waiving System Development
Charges and other planning or permitting fees, 2) creating a Housing Trust Fund and dedicate funding sources to that fund,
and 3) identifying a target site with the potential for multi-story mixed used development for use of the new State vertical
housing tax exemptions.
Mr. Goldman concluded his presentation and asked if there were any questions for staff before they hear from the invited
speakers. Councilor Hardesty requested information on the State's vertical housing exemption. Mr. Goldman provided a brief
synopsis and noted Karen Clearwater would be able to speak to this and the other State programs in greater detail. Councilor
Chapman suggested tonight's conversation focus on how to create new housing, not how to maintain affordable rents in
existing buildings. Councilor Navickas noted this discussion came about as a result of a motion made by Chapman in regards
to the development of the City's Lithia Lot and voiced support for looking at the bigger picture and exploring the various
options.
Presentations bv Development Professionals
John Fields/Golden-Fields Construction & Design/Commented on apartment housing and income, and noted there needs
to be a certain level of return in order for these ventures to be worthwhile. He commented that rentals in Ashland are
expensive and stated the high cost of land in addition to Ashland's regulatory process can drive the cost to develop these
units way up. He added this increased cost and the uncertainty in the process is now discouraging people from purchasing or
building units in Ashland and renting them out. He noted the City's condo conversion ordinance and suggested many of the
units are likely still rentals. Mr. Fields stated the City would have a difficult time trying to get the market to build affordable
housing and recommended they consider annexing land into the City limits for this use. He commented on what he felt was a
general hostility towards affordable<-housing in Ashland, and stated if the City wants this type of housing they should build it
themselves, and suggested they explore possible partnerships with the private sector.
Mr. Fields commented on the issue of managing these properties and stated is it easier to rent out 3 larger units, than 10
smaller ones. He noted the reluctance of developers to build smaller units and stated people with a higher income are easier
to rent to. He added in terms of management, it is preferred to rent to families or couples rather than singles.
Mayor Morrison suggested they focus on issues the City has some control over. Mr. Fields noted the huge expense in creating
the required number of parking spaces and stated the City has a real opportunity for leverage with this. Mindlin voiced support
for looking into this option, including reduced parking requirements and no car/limited car leases. Mr. Goldman noted two
different affordable housing projects came forward recently that requested parking variances. He sated both variances were
approved by the Planning Commission, but noted asking for a variance adds vulnerability to an application.
Joint Study Session
September 30, 2008
Page 2 of 4
Mark Knox/Urban Development Services/Noted the sensitivity for apartment buildings in Ashland and agreed with Mr.
Fields that the community has some issues with this. Mr. Knox spoke to the City's difficult planning process and stated the
subjectivity and uncertainty drives developers away. He commented on the City's condo conversion ordinance and explained
that developers would rather build condominiums over apartments because of the regulations to convert those apartments at a
later date. He added the City should not have regulatory barriers for converted apartments. Mr. Knox commented on
Accessory Residential Units. He suggested units fewer than 500 sq. ft. should be an outright permitted use and stated this is a
great way to get small, affordable units in Ashland. He shared his own experience with receiving approval to build a mother-in-
law unit on his property and stated the approval was appealed by a neighbor, which added thousands to the cost. Mr. Knox
voiced his support for revising areas of the City's Comprehensive Plan to rezone areas and revising the annexation criteria in
the Land Use Ordinance.
Mr. Knox noted the Ashlander apartment complex and stated they have the management in place and could possibly add new
units. He recommended there be some entity that approaches these types of individuals with a private/public partnership.
Betty McRoberts/Jackson County Housing Authority/Stated the Housing Authority has to go through the same process as
a private developer, however they do not make a profit. She explained when the Housing Authority does a project, they have
to find land, find money to build the project, and then take it through the City's approval process. Ms. McRoberts stated her
projects are more complex because of the need to assemble a huge funding package and noted most projects involve four or
more funding sources. She noted the State of Oregon is a conduit for almost all of the funds they use, and this also brings
complications to the process. Ms. McRoberts shared her issues with project timeframes and stated this is very critical in
building affordable housing with public dollars. She stated if anything happens to disrupt that timeframe, they could lose
everything, and whatever the City could do to help with this would be beneficial. Ms. McRoberts stated the high land costs in
Ashland has made it difficult for the Housing Authority to build projects in Ashland and stated $200,000 per acre is about the
most they can afford. She commented on the use of Transit Oriented Districts (TO Os) and stated these have been very helpful
and stated it is nice to know exactly what the requirements are.
Ms. McRoberts clarified the City of Ashland has been very supportive of their efforts, and it is more of an issue with land prices
that is prohibiting them from constructing more units in Ashland. She also clarified the Jackson County Housing Authority
manages their own units and do not use outside management agencies.
Karen Clearwater/Oregon Housing and Community Services/Commented on the Country's current financial situation and
stated Fannie Mae and Freddy Mac were their largest equity investors, but they are no longer in the market. She explained the
Sate uses the low income housing tax credit as their biggest source of funding and also commented on the Oregon affordable
housing tax credit, which buys down a bank's interest rate. Ms. Clearwater recommended Ashland do whatever it can to
speed up the approval process for affordable housing projects and explained the longer it takes, the more money it ends up
costing. She stated the State is very interested in doing new affordable housing and noted Ashland rates number one with the
State in their need for workforce housing. She added this makes Ashland a top priority for funding at the State level. Ms.
Clearwater stated she does not believe Ashland will have a problem attracting for-profit and non-profit developers, but urged
them to go with someone who has done affordable housing projects before.
Ms. Clearwater commented on the vertical housing tax credits and explained this program allows cities to delineate a specific
area and apply to the State, and if approved, all housing constructed that is above the first floor becomes eligible for a 10-year
property tax exemption.
Ms. Clearwater was asked if she could recommend any non-profits or for-profits the City could pursue working with. Ms.
Clearwater listed Jackson County Housing Authority, OnTrack, Access, Bill Lovelace (Grants Pass), and Shelter Resources
(Bellevue, WA).
Commission/Council Discussion
Mayor Morrison listed the following options he would like the City to pursue further: 1) Transit Oriented Districts, 2) expedited
planning process, 3) parking requirements, 4) density,S) height restrictions, and 6) partnering with experienced developers
and management agencies. He asked if there were any others the group would like added. Additional recommendations were
Joint Study Session
September 30, 2008
Page 3 of 4
made to look into making Accessory Residential Units an outright permitted use and also reviewing the current lot coverage
restrictions.
Navickas commented on the need to tie affordable housing development into the City's Economic Development Strategy and
voiced his support for pursuing development of affordable units on the City's Lithia Lot, as well as the site across the street on
the corner of Pioneer and Lithia.
Benjamin shared his optimism about what Ashland has accomplished. He noted the success of self-help housing projects and
the Clay Street opportunities that may soon materialize.
Marsh commented on the need to take a "public pulse" on the issue of affordable housing and stated this goal needs to have
broad based support in the community in order for it to succeed.
ADJOURNMENT
Meeting adjourned at 9:00 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Joint Study Session
September 30, 2008
Page 4 of 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Conservation Commission
October 21, 2008 Primary Staff Contact: Barbara Christensen
City Recorder E-Mail: christeb~i)ashland.or.us
None Secondary Contact: None
Martha Bennet Estimated Time: Consent
Question:
Does the Council wish to confirm the Mayor's appointment of Shelley Lotz for a term to expire April
30, 2009 to the Conservation Commission?
Staff Recommendation:
None
Background:
This is a confirmation by the City Council on the Mayor's appointment to the Conservation
Commission on applications received. This vacancy was created when Kerry KenCaim resigned in
August 2008.
Related City Policies: ..
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor's appointment of Shelly Lotz.
Potential Motions:
Motion to approve appointment of Shelly Lotz for a term to expire April 30, 2009 to the Conservation
Commission.
Attachments:
Applications received.
Page 1 of 1
102108 Appt to Conservation.CC.doc
rA'
Shelley Lotz
Box 1362
Ashland, Oregon 97520
January 25, 2008
Ashland Conservation Commission
20 E. Main
Ashland, Oregon 97520
Letter of interest: Commission Position Application.
To the City and the Conservation Commission:
Please consider this application for a position on the conservation commission. While browsing the
web site about the house tour and energy rebates last year, I noticed there are positions open. I have
always been interested in conservation and sustainability and want to get involved in the community
and help promote conservation.
Exoerience and Education:
. Sustainable Building Advisory Program. Will be Certified SBA.
. Business owner, extensive business startup/management experience.
. BS in Biology, geography and communications from SOU, 1997.
. SOU environmental center manager and cofounder (1995-1997); local Earthweek '95
chairperson and events coordinator; recycling and other conservation programs on campus.
. Self-employed with 20 years in the esthetics industry. Licensed Esthetician.
. Portland Energy Conservation Inc. Administrative Assistant, 1998 (Building Commissioning).
. Instructor/educator with writing and marketing experience.
. Former owner of the Oregon Institute of Aesthetics (1999-2006).
. Consultant and a published author for a national textbook.
. Real Estate education and experience; Residential property development.
. Focused on learning about sustainable technology, building and living.
. Resident in the community for 22 years.
. Will be J~)ining the USGBC.
I am excited to learn more about conservation technology/practices, and how to implement them.
It is my current educational and career focus and I hope I can be of service to the community.
I think it would be a good experience and that I can contribute to the conservation commission.
If there is any other way I can get involved or any employment opportunities, please let me know.
I am especially interested in the educational side of conservation. Thank you for your
consideration.
Shelley Lotz
840-9474-cell
482-7073-home
lotz.shelley@gmail.com
---------~I--
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@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
Shelley Lotz
Requesting to serve on: Conservation Commission
(Commission/Committee)
Address Box 1362. Ashland (4878 Hwv 66-no mail here)
Occupation Author. Consultant. Esthetician. Business owner
Phone: Home 482-7073
Work 840-9474
Emaillotz.shelley@gmai1.com
Fax nla
Education Baclmround
What schools have you attended? SBAP: SOU: R.E.. (private career schools)
What degrees do you hold? as in Biology. geography. communications
(environmental ed focus): Esthetician license. will be SBA
What additional training or education have you had that would apply to this position?
Currently attending a Sustainable building advisory orogram
1. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position?
SOU environmental center manager. 1995-1997: local Earthweek '95 chairperson. events
coordinator: business ownershio/management: instructor/educator: writing exoerience:
marketing. Fortner owner of Oregon Institute of Aesthetics: consultant: published author
for national textbook.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? _
Yes. to learn about conservation technology: practices. and how to implement them. It is
my current educational focus.
~.,
2. Interests
Why are you applying for this position?
I have always been interested in conservation and sustainabilitv. I want to get involved in
the community and oromote conservation: make it a focus in my life and future career
endeavors.
A vailabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
y es~ days oreferred.
I mainly work for myself. so mv schedule is flexible.
3. Additional Information
How long have you lived in this community? Since 1985. so over 22 vears...
Please use the space below to summarize any additional qualifications you have for this
position
Life experience~ work experience~ community volunteer exoerience~ prooertv
development exoerience~ genuine interest in making a difference.
1/25/08
email}
Shelley Lotz {via
Date
Signature
r.,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
n ,}
I~~q~
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebrwashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
CH1 W;\t~M"
Requesting to serve on: (~""~'1 .) cl \'Ov\,
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~ommi~mrnittee)
What degrees do you hold?
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1. Education BacbrouDd
What schools have you attended?
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2. Related Exoenence
What prior work experience have you had that would help you if you were appointed to
this position? D l \ \ I n 1
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Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? - $"',-,,,<.. t1Ch...t.J ~"""'"
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3. Interests
Why are you applying for this position?
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Are you available to attend special meetings, in addition to e regularly scheduled
meetings? Do you prefer day or evening meetings? ·
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s. AdditionallDformatioD
How long have you lived in this community?
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Please use the space below to summarize any additional qualifications you have for this
position ./ \ A \\ I C ,\ r I \ "" '/
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Agreement for Installation of Ice Rink
October 21, 2008 Primary Staff Contact: Don Robertson, Director
Parks E-Mail: robertsd@ashland.or.us
Finance Secondary Contact: tuneberl@ashland.or.us
Consent Agend Estimated Time: Consent Agenda
Question:
Should the City Council, acting as the Ashland Parks and Recreation Commission's Local Contract
Review Board, authorize the agreement with Copeland Construction for permanent installation of the
ice rink at a bid price of$112,437?
Staff Recommendation:
Authorize Don Robertson, Director of Ashland Parks and Recreation, on behalf of the commission, to
enter into an agreement for the reconstruction of the ice rink.
Background:
The Ashland Parks and Recreation Commission budgeted for reconstruction of the ice rink. The
original facility was in excess of ten years old and relied upon a temporary system of ice making. The
commission has budgeted funds to reconstruct the rink using new technology to make the installation
long term, with greater efficiency in setup and teardown of the seasonal facility. The new installation
will also be more energy efficient.
The contractor was selected through the City of Ashland's competitive bid process.
Related City Policies:
2008-2009 Commission Goals-Ice Rink: Acting on direction from the commISSIon, staff will
implement one of five options for proceeding with the ice rink.
Council Options:
1. Move to approve the contract to reconstruct the ice rink.
2. Reject the bid for reconstruction of the ice rink and refer back to the Ashland Parks and
Recreation Commission.
Potential Motions:
Move to approve and authorize Don Robertson to sign the contract with Copeland Construction for
$112,437 for ice rink improvements.
Attachments:
Ice rink contract bid
Page 1 of 1
rA1
-.- ----~ ~-
CONTRACT & BID DOCUMENTS & TECHNICAL
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
Proj ect Name:
Project Location:
Project Type:
Project COll1pletion Date:
Pre-Bid Conference:
Proposals Due by:
Sublnit Questions & Bid Proposals to:
ASHLAND ICE RINK
LITHIA PARK, ASHLAND
GRADING, DRAINAGE AND PAVING
NOVEMBER 14,2008
9:30 AM, OCTOBER 1, 2008
2:00 PM, OCTOBER 9, 2008
Steve Gies, City of Ashland
CITY OF
ASHLAND
DEPARTMENT OF PARKS & RECREATION
340 SOUTH PIONEER STREET (mail and delivery)
ASHLAND, OR 97520
541/488-5340 (voice)
541/488-5314 (fax)
---,
Page 2
This page left intentionally blank
Special Provisions, Ashland Ice Rink, Final, 9-23-08
TABLE OF CONTENTS
PART I - BID & CONTRACT DOCUMENTS
Advertisement for Bids ...........................~.................. ...................... ......... .....
Proposal & Bid Schedule.................................................................... ...........
Bid Bond .. ............................ ....................................................... ...........
Performance Bond ....................................... ..................................................
Payment Bond ................................................................................................
Certificates of Representation........................................................................
Contract F onn ........ ...................... .......... ........................... ....................... ......
GENERAL REQUIREMENTS, PART 00100..........................................
SPI10 Organization, Conventions, Abbreviations, and Definitions..............
SP120 Bidding Requirements and Procedures...............................................
SP 13 0 Award and Execution of Contract .............. ............................ ............
SP 140 Scope of Work. ....... ........... ..... .............. .............. .......... ........ ..............
SP 150 Control of Work & Valdez Principles........................... ...... ..............
SP 160 Source of Materials............. ................................................................
SP 165 Quality of Materials...... ............ ..... ......... ..... ....... ....... ..... ......... ...........
SP 1 70 Legal Relations and Responsibilities..................................................
SP 180 Prosecution and Progress... ........ ........... ....... ................. .......... ............
SP 190 Measurement of Pay Quantities. .................... .......... ............... ............
SP 195 Payment.. ................ ....... .......... .... .......... .......... ......... ........ .... ............
SP196 Payment for Extra Work.....................................................................
SP197 Payment for Force Account Work......................................................
SP 199 Disagreements, Protests and Claims...................................... .............
PART II - TECHNICAL SPECIFICATIONS
PART III - PLANS - BOUND SEPARATELY
Project Plans
Special Provisions, Ashland Ice Rink, Final, 9-23-08
PAGE
6-37
6-8
9-15
16
17-18
19-20
21
22-27
28-37
28
28-30
30
31
31-33
34
34
34-35
35
35
36
36
36
36
38-57
Page 3
-----~-~--~~---T~~-
Page 4
FOREWORD
The documents and forms which are attached, or for which provisions are made, must be used in
submitting proposals for the Ashland Ice Rink for the City of Ashland, Oregon, as covered by the
"Oregon Standard Specifications for Construction.. 2002" Oregon Department of Transportation and
American Public Works Association.. Oregon Chapter and other appurtenant specifications where
indicated.
These bid and contract documents, specifications, and plans, although bound separately, are made a
part of the complete document with the same force and effect as though all parts and plans referred
to were under one binding.
Should addenda to the specifications become necessary and be issued prior to the date of receiving
bids, they shall be deemed a part of the Special Provisions.
This project is funded with City money.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
PART I
BID & CONTRACT DOCUMENTS
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 5
Page 6
CITY OF ASHLAND
DEPARTMENT OF PARKS & RECREATION
ASHLAND, OREGON
ADVERTISE1ffiNT FOR BIDS
Sealed proposals addressed to the City of Ashland, Oregon, and endorsed the "Ashland Ice Rink"
will be received at the Parks & Recreation Office located at 340 South Pioneer Street until 2:00 PM
on October 9, 2008, at which time proposals will be publicly opened and read. If the total amount of
the contract exceeds $75,000, the award of the contract must be approved by the Local Contract
Review Board. A contract for work will be awarded or bids may be rejected, separately or entirely,
within thirty (30) days after opening.
The project shall be completed not later than November 14, 2008. The work shall consist of
supplying all labor, equipment, and materials necessary to construct improvements including but not
limited to the following approximate quantities for major work items:
. Asphalt Concrete Pavement
. Concrete Curbs
. Concrete Sidewalk Ramp
. Concrete Skating Rink
. Storm Drain Piping
. Grading
. Pavement Markings
Plans, specifications, and documents may be examined at:
1. Parks and Recreation Office
City of Ashland
340 S Pioneer Street
Ashland, OR 97520
(541) 488-5340 - Tel
(541) 488-5314 - Fax
3. Rogue Valley Builders Exchange
111 SE "G" Street
Grants Pass, OR 97526
(541) 476-0298 - Tel
(541) 494-1015 - Fax
5. Daily Journal of Commerce Plan Center
921 SW Washington, Suite 210
Portland, OR 97205
(503) 274-0624 - Tel
(503) 274-2616 - Fax
7. Eugene Builders Exchange
2460 W. 11th Avenue
Eugene, OR 97402
(541) 484-5331- Tel
(541) 484-5884 - Fax
Special Provisions, Ashland Ice Rink, Final, 9-23-08
2. Medford Builders Exchange
305 N Bartlett Street
Medford, OR 97501
(541) 773-5327 - Tel
(541) 773-7021 - Fax
4. Klamath Builders Exchange
724 Main Street, Room 214
Klamath Falls, OR 97061
(541) 882-9480 - Tel
(541) 882-1001 - Fax
6. Central Oregon Builders Exchange
1902 NE 4th Street
Bend, OR 97701
(541) 389-0123 - Tel
(541) 389-1549 - Fax
Page 7
A non-mandatory pre-bid conference will be held at the Parks and Recreation Office, 340 South
Pioneer Street, Ashland, Oregon at 9:30 AM, October 1, 2008. All bidders are encouraged to attend
this meeting.
Copies of the plans and specifications may be obtained at the City Parks and Recreation Office, 340 S.
Pioneer Street, Ashland Oregon. Specifications, plans and addendums are also available on the City of
Ashland website www.ashland.or.us. No bid shall be received or considered unless the bidder is
registered with the Construction Contractor's Board.
The "Oregon Standard Specifications for Construction, 2002" shall apply to work done under this
contract. Copies of the Standard Specifications may be viewed or downloaded at:
http://www.oregon.gov/ODOTIHWY/SPECS/standard specifications.shtml
Bidders shall pre-qualify as provided by ORS Chapter 279C.430 and in accordance with Subsection
00120.00 of the Oregon Standard Specifications for Construction, 2002, as modified herein. Pre-
qualification applications must be received by the City of Ashland at least five days prior to the
opening of the bids. Contractor or Sub-Contractor do not need to be licensed under ORS 468A.720
(No asbestos removal).
All projects in excess of $50,000.00 require the Contractor to pay prevailing wage rates. No bid shall
be considered unless the bid contains a statement by the bidder as a part of the bid that the provisions
of ORS 279C.800 through 279C.870 Prevailing Wage Rates will be complied with.
All projects require the Contractor to provide a "Performance" bond and a "Payment" bond, each
equal to the total amount of the contract.
The City of Ashland will pay the fee to the Commissioner of the Bureau of Labor and Industries
pursuant to the provisions of ORS 279C.825 and the administrative rule of the commissioner.
Contractor is required to read the ORS 279 subchapter A and ORS 279 subchapter C. Contractor is
also required to read City of Ashland's Public Contracting rules as found in the Ashland Municipal
Code, Chapter 2.50, "Public Contracts."
All public contracts that exceed $75,000 must be approved by the Local Contract Review Board (Le.
City Council) prior to award.
Contractors awarded a contract must provide proof of required insurance (as required in the City's
contract form) at the time of the execution of the contract. A contract is not accepted unless such
proof of insurance is provided.
The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities,
or to accept any bid which appears to serve the best interests of the City.
By Order of the Parks Commission
Ashland, Oregon
Don Robertson
Parks & Recreation Department Director
Special Provisions, Ashland Ice Rink, Final, 9-23-08
-,~-
Page 8
PROPOSAL
Parks Commission
Ashland, Oregon
The undersigned bidder declares that the bidder has received, read and understood all bid
documents; received, read and understood all addenda; the bidder has taken no exceptions other than
those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees)
for retaining a replacement bidder if the undersigned bidder is awarded the contract but refuses to
sign the contract; the bidder has examined the plans and specifications, has visited the site, and made
such investigation as is necessary to determine the character of the materials and conditions to be
encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of
Ashland, Oregon for the construction of the proposed improvement in a form of contract contained
in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in
accordance with the plans and specifications on file at the Parks and Recreation Office, Ashland,
Oregon, under the following conditions:
1. It is understood that all the work will be performed under a lump sum or unit price basis
and that for the lump sum or unit price all services, materials, labor, equipment, and all work
necessary to complete the project in accordance with the plans and specifications shall be furnished
for the said lump sum or unit price named. It is understood that the quantities stated in connection
with the price schedule for the contract are approximate only and payment shall be made at the unit
prices named for the actual quantities incorporated in the completed work. If there shall be an
increase in the amount of work covered by the lump sum price, it shall be computed on a basis of
"extra work" for which an increase in payment will have been earned and if there be a decrease in
the lump sum payment, it shall be made only as a result of negotiation between the undersigned and
the Owner. Furthermore, it is understood that any estimate with respect to time, materials,
equipment, or service which may appear on the plans or in the specifications is for the sole purpose
of assisting the undersigned in checking the undersigned's own independent calculations and that at
no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or
corporation responsible for any errors or omissions that may appear in any estimate.
2. The undersigned will furnish the bonds required by the specifications and comply with
all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent
to construction contracts of this nature even though such laws or municipal ordinances may not have
been quoted or referred to in these specifications.
3. All items for the contract for which forms are provided in the bid documents have been
completed in full by the showing of a lump sum price or prices for each and every item and by the
showing of other information indicated by the proposal form. The undersigned submits the unit
prices set forth as those at which the bidder will perform the work involved. The extensions in the
column headed "Total" are made up for the sole purpose offacilitating comparison of bids and if
there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 9
4. The undersigned agrees that the "Time of Completion" shall be as defmed in the
specifiCit1onsiifiOffiafffie'oiaaer'\Vilrcomplefefuework: Wiililli fuenui!{i)er of consecutive calendar
days stated for each schedule after ''Notice to Proceed" has been issued by the Owner.
Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter,
the amounts shown in Subsection 00180:85 of the Special Provisions, for each day the project
remains incomplete. ~ I
API)
5. The undersigned, as bidder, acknowledges that addenda(s) numbered~ through L
have been received by the bidder and h~ve been examined as part of the contract docUments.
6. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder,
acknowledges that provisions of ORS 279C.800 - 279C.870 relating to workers on public works to
be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if
the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C.
~276a) bidder agrees to comply with the Davis-Bacon Act requirements.
7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose
information about certain fIrst-tier subcontractors (those subcontractors contracting directly with the
bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the
contract amount of a fIrst-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but
at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following
information about that subcontract within two working hours of bid closing:
7.1 The subcontractor's name;
7.2 The subcontract dollar value and;
7.3 The category of work the subcontractor will be performing.
If you will not be using any subcontractors that are subject to the above disclosure requirements, you
are required to indicate "NONE" on the form.
THE CITY MA Y REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE
FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.
To determine disclosure requirements, the City recommends that you disclose subcontract
information for any subcontractor as follows:
1) Determine the lowest possible contract price. That price will be the base bid amount less all
alternate deductive bid amounts (exclusive of any options that can only be exercised after
contract award).
2) Provide the required disclosure information for any fIrst-tier subcontractor whose potential
contract services (Le., subcontractor's base bid amount plus all alternate additive bid
amounts, exclusive of any options that can only be exercised after contract award) are greater
than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $350,000
regardless of the percentage. T otaI all possible work for each subcontractor in making this
determination (e.g., if a subcontractor will provide $15,000 worth of services on the base bid
and $40,000 on an additive alternate, then the potential amount of subcontractor's services is
$55,000. Asswning that $55,000 exceeds 5% of the lowest contract price, provide the
disclosure for both the $15,000 services and the ($40,000 services).
The disclosure should be submitted on the following form:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
1--
Page 10
. City of Ashland
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(As Required by ORS 279C.370 and OAR 137-049-360)
ASHLAND ICE RINK
Bid Closin Date: 2:00 PM, October 9, 2008
I NAME OF SUBCONTRACTOR I ~
1. 'fJft~;f7( NDtrnwesf CiJ1JCleeTE tOM (1/Ler-c
CATEGORY OF WORK
~ I DOLLAR VALUE
Lfa7() () 0
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2.
3 ft1 wnr!UD-~ f;[J) 1kv uJ 6- IJ / f-
I~ nO
4
5
6
7
8
9
10
* Attach additional pages if needed.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 11
BID SCHEDULE
ASHLAND fCERINK
NO DESCRIPTION QTY. UNIT UNIT PRICE I AMOUNT
(FIGURES)
Temporary Features and Appurtenances
Mobilization $ q (YJ[) $ tt OOD · Db
1 for NINE THOV~A:-^,l) Dollars 1 LS
,
TemRorai Protection and Direction of Traffic $ I bOO $ /J 000 . 00
2 for 'l)N 1JfoUt::..A-"A/D Dollars 1 LS .~
Inlet Protection $ o{) , 00 $ I 00 ' 00
3 for ~I F'TY Dollars 2 EA
Roadwork
Removal of Curbs $ J' 00 $ 3 bl.o . 00
4 for 71I/J-e t:. Dollars 122.0 LF
Removal of Inlets flu F Ih Jllf'A ~n $ roo ,DO $ SfJD . 0-0
5 for Dollars 1 EA
General Excavation $ /1.00 $ 2 1tfS. (TO
6 for Nt t-J f.1E EN Dollars 155.0 Cy I
Drainage and Sewers
12 Inch Storm Sewer Pipe, 5 Ft Depth $ 3D.DO $ IPCJO,OO
7 for 7J..ft IL rY Dollars 23.0 LF
Concrete Manholes, 48 Inch $2,S-ODw $ 2, S""oo ,,~
8 for '!"It.JUlT'/ Fa~ L JIV~l>~j) Dollars 1 EA
Concrete Inlets, Type 3 $ J. Z0D.1fJ $ ()I)
9 for '1Wt-(ye W~O(LeD F1Prl Dollars 1 EA JJ 2 SO "
Adjusting Inlets $ 2.c)O' ~ $ 250.00
10 for .,-\A,)O J.h) M[')~~ ~, FrY Dollars 1 EA
Cap and Modify Existing Inlet $ SIX)."o $ 00
11 for fi ~ 1--1 u ^' D/2E,J) Dollars 1 EA rDD .
Bases
Aggregate Base h $ Z5' 00 $ 5. 75D'OO
12 for IWf"NT'/, V E Dollars 230.0 TON
Wearing Surfaces
Leveb2, 1/2 Inch Dense~c Mixture $ '4-D'ro $ 11. ggO · 00
13 for I'lf HvND~ '(Zf'-J Dollars 92.0 TON
Stan~rd 11 I nch Concrete Curbs $ 23. (b $ --, iP82 · 00
14 for ~'" 1\\-L €--E.. Dollars 334.0 LF I
Modified 16 Inch Concrete Curbs $ 25.(1) $ 3 50'Ob
15 for 'fill1/:. ~T\J r-L V E Dollars 122.0 \LF 10
Concrete Surfacing, Reinforced, 5 Inch ~ ~Z 'K If .f)) $ /i; 2 If'Lf . 00
16 forSrf1rrtJJ{J 1J.\fJBAlJD [).l e ~ ollars 1 LS
, I
Special Provisions, Ashland Ice Rink, Final, 9-23-08
--------,
Page 12
NO DESCRIPTION aTY. UNIT UNIT PRiCe AMOUNT
(FIGURES)
Concr~e Sidewalk Ra~ .PrY $g:J).rP $ 6>
Dollars g5D~
17 for I G/.rr HV}JD fj 1 EA
Permanent Traffic Safety and Guidance Devices
.
Painted Permanent Pavement Striping $ I . 0'0 $ g'lfO.oo
18 for 'DN E. Dollars 840.0 LF
pavemen~~end, Painted: Handicap Symbol I 00 . S) 100 . d)
19 for e HtJ,..., D/liC.. j) Dollars 1 EA
BASE BID TOTAL I $ I I 2., +? 7 · 06
I
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 13
The City reserves the right to reject any and all bids, waive formalities, or accept any bid which
appears to serve the best interests of the City in accordance with ORS 279B.100.
The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and
all other incidental expenses to cover the finished work of the several kinds called for. Unit prices
are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will
govern.
Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract
attached within ten days, deliver surety bond or bonds as required, and deliver required proof of
insurance. The bid security attached in the sum of five percent of the total price for the bid or
combination of bids is to become the property of the Owner in the event the contract and bond are
not executed within the time above set forth as liquidated damages for the delay and additional
expense to the Owner caused thereby.
The Bidder is Y. or is not
a resident Bidder as defined in ORS 279A.120.
~IALlD CollSrtvCnDU LLl!.
F' Name of Bidder . j
J; mrrll~
Printed Name of
o
()O/ L 117~ltfJJJt/lJ
Official Title
OI<~D~
State of Incorporation
//P~zf,ff
CC Number
Dated this
Cj
Address
day of ()e17Jf!;&1< 2008.
(j, Ihml€ (;tpl4tHfD
31l. (lialr1f RD {461F- {Jonrr; oY?
9/}?2t/
Name of Bidder
Telephone No.
~')h .J~~JtJ-
Special Provisions, Ashland Ice Rink, Final, 9-23-08
------.--~-
Page 14
BID BOND
We, the undersigned, as Principal,
and as Surety, are
held and frrmly bound to City of Ashland, Oregon as OWNER, in the penal sum of
for the payment of which jointly and severally bind ourselves, our successors, and assigns.
Signed this
day of
, 20_.
The condition of the above obligation is such that whereas the Principal has submitted to the City of
Ashland, Oregon, a certain BID, attached and made a part of this BOND, to enter into a contract in
writing, for the proposal of Ashland Ice Rink.
NOW, THEREFORE,
(a) If this BID shall be rejected, or;
(b) If this BID shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached (properly completed in accordance with the BID) and
furnish a BOND for the faithful performance of the contract, and for the payment of
all persons performing labor or furnishing materials in connection with the contract,
and shall in all respects perform the agreement created by the acceptance of the BID,
then this obligation shall be void, otherwise the same shall remain in force and effect;
it being expressly understood and agreed that the liability of the Surety for any and all
claims under this BOND shall, in no event, exceed the penal amount of this obligation
as stated.
The Surety, for value received, stipulates and agrees that the obligations of the Surety and its
BOND shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such BID; and the Surety waives notice of any such extension.
(L.S.)
Principal
Surety
By:
IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State of
Oregon.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Certificate of Appointment and Resolution of the Board of Directors
The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed
~ ~tT1c)1~lrofne-yTsr-ln::FaCTlderrfinea-6Tilhe-ff6Tlrstde-~ofrtrtsl)OWeT-ofa1torn:~Y;Tmderam:tt~yt1Te~al1thortty 0 f th e fo llowingTesu I u li uIls-adopted
by the Board of Directors of Contractors Bonding ancllnsurance Company at a meeting duly held on December 15, 1993:
. . ~
RESOLVED,thattheCEO, President, cr56 , any \1icePresident, Secretary or any Assist(ltlt Secretaij~at1(rat1y' other
employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee")
may appoint attorneys-in-fact or agents with authority as d;,;'Aned or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, tu execute and deliver and affix the seal of the Company to bonds,
undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove
any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obiigatiol1 shall be valid and binding
upon the Company:
(i) when signed by the Authorized Officer or Employee and attested and sealed (if a
seal be required): or
(ii) when signed by the Authorized Officer or Employee, and countersigned and sealed
(if a seal be required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and scaled (if a seal be required) by one or more attorneys-in-
fact or agents pursuant to ancl within the limits of the authority evidenced by the
power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be
affixed by facsimile to any power of attorney or cel1ification thereof authorizing the execution and delivery of any bond,
undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power
of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually
affixed.
RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and
attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved
by the Board of Directors, including, bm not limited to, so called "fax or facsimile powers of attorney", where the entire
power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached
to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form
of power of attorney may be attached to another bond example, a fax power of attorney may be attached to the final
bond for a project for which the different forln ofPOVVCI \-vas attached to the bid bond) without affecting the validity of
either power of attorney or boneL
IN WITNESS WHEREOF, Contractors Bonding and J nsurance
secretary, and its corporate seal to be hereunto affixed this l3th
has caused tbese presents to be signed by its president and
of June., 2007.
-- ... //_~------
~~Don Sirkin. President
~ -
--
Attest: R. Kirk Eland, Secretary
State of Washington
County of King
On June 13,2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me
to be the persons whose names are subscribed to the within 1t1strument, and acknowledged to me all that they executed the same in their
authorized capacities and that by their signatures the entity upon behal f of which they acted executed the instrument.
WITNESS my hand and official seaL
Signature ~tf4.~ Jdrr
(seal)
flllf""'"
,'f~' OA J. i----
,I t': ........ C ~
,( ~~... SION.... 0 ~
~ ttJ .. ~. :,.\ -
~ /'o..\l'\ T AI'to \\,..\ ~
~ i~ """,~,.. ~ ~
~: ....... : ~
~ . ~ 1),_ \C : ~
~~\ . vel !~~
'\.-rA...~$...30..~~...A...O l
~ <" 0 .......~..e ",
"l:oo...""" \C' W A~"lf
"',~~"IIII,II
Brenda 1. Scott. Notary Public
..
FRJM :CQPELAND CONSTRUCTION
FAX NO. :5418261014
Oct. 07 2008 09:47AM P2
. J ..
I.' .
:.
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Page 14
. "
. .;:;~3,<. S:',: ':~"'~';~'/F;~J:' ";:;;.;: :;'.:~~::;:~;':~~~~;:~~;:l~';:;;)~t~~:;~' );r;~~~:~~:~;;;;~,:J;~;,!/.:~.
. .. ''-' :'.:,!e~,~:'~~~~ copel~nd con~~r~,ctio~, L,~G _ :'. ..' .:.: :.. ." 8s~~~1/:;Hi;;~
. .., ana-~:-'eo~~a'Ef~Q:Ps.:..s~nQ:tn' :':&~:;'.~lE~S:\lr~:f.l~e.i.~::C,o~'::",h~;t'~~/;,?.lr.!j~t(~:~'~:N:.u'. ,:~~. .t=;'~;~'8S~~;se':1:~~~.~'1'l.:.~:?.:~~:~.:~
'. '. . he" fd:"~'~~:.u.a-\T.:D6'ififd:~~b:~~~ .j[';A'1;;,:"~~~ _.~~~..;';..."l'~~b..~ri:> :Ji;;;;'~:.~6.~n"""'~'~~~~;I'L~i....,~ ;:a.;'~~ 1'; J;:,.'1'. :':.;;I:~:: ;~~
l' 'CA.C1G.. . oJ" '''V'~''J'\:I~'?UiWQSA~' \';;I"-ev.u ~'~'YY;<j,'~'~'H:l.l't!1~-r-aQ;t'''''WJ.JlI:''u.t.'7~~w:.....".~J~.~,:::.~ \.;l ...
. "{d{tfle-,paynien:t'ftliwtiiCh""81MlY;aid1Sij-"U"liittli.- ~W' .,'~~~,... "t.. c.~,:; !.:.... .~:
. , . ..... .' .~. .... " ve . . y. . . 'Out lr.~":.-::;"" . ~::':"::~J~~~~~~~i~
. . . Slgned:thiS 9th day'o:fQctobe~o . 08 '. . .' .........'..,.:.i...~!l::'..~
. . t... ',.~1 ': ':,:'; i . ~..~;,;:; '-,f~" .~.! ';,c>:..,:,.~ ~,,,: .;);. '1~ ,~<'lf~. l !i!.~ ""><1,' . r.;; ;:",::/t.l':,,,,';:l;,; ;,i.t~~ ':li;;~';~" ~. {)~;.;;~ icq#*~b{~~1@~~
. Thecotiaiti01l:~~1~btigintOiiJ~Si:wlttifa~"t:Ik~~~fli~.:> :.",::?
Ash1.aria ~~O:. --:.~':"'''~&.l~ ~~... ,~attio~:"::~"'o':ft...3otm' ');1.;3::=a.. ........~~~G~;tHi~),'D~,,~..:~tb;~w:ct .-.l"'-.l--'i "':io~Wf..~~:,it ~: '. ::. .::,::.
.. ..... ~. .,.' .:-:'~"'~: .~.!. ..' . .b~ . tO~'~~~'... ~.~a''PaJ;~. - .. ,:~U:l;~'L?lI... ~ ek~.a.. ~la~!.u:r:'~~~ ..... . .:
'WtitiIig; fot'th't,.proposa1:($f:i\Sman.'d'IC!'~:f',,; . ~~"":' .".. ..~...:.......:...C'~.,. ,~.,.-:"I ;. ......l!....f... ., I' . .,......."f .... -~ .....~..tt'...:......i....li.
.
. . : ~,~~.,:..;:.l.q. ~;:.~.'~,,!,';~. ~~;.: ~,~. ;'~~(.m:~ t.~~~;:;i~' i~.=t!;,:~::~~~E;E:;~. i. ~:~~:;~E~f?:~~E~~'-' .. .
NOW, TIi:EREF'ORE. :.' '.......11 ,,~.,. ....~.;,... '." .,.,,).,...W' ....... ..,~ ....'.W.r.~'li.......
~ . ... .' . .. 'A" .
IfUrls ttm.~.:;.:;.1".i::.;;,: .. ~.,;:..iai..:S..;. .... ,.:.? ~~.: '.::;' : ..:;.~..~.. ......~, .' :.... . . .... . . _ ::' ~.."'f I. ..,:,..
. 'ULt:l''SjDiJJ.UC,:re.J~~: M, :~-;~....' ...:''',' ~'-:.~.'~::;.,'r\.' ~ $ . '1.;';" ..',..;,. !.':. :' ,. p.r..l,~:::.....~:: ..~:;....:
Iftbis BID shall be accepted and 'flie Prin~iPal shaii'ex~ute'and cieHv;'~'cQntr~ct.in:'"
the Form of Contract attacJ1,ed (properly completed in acCor~ce with the .BID)',~,'~::':
. ... ..'..... .... ~p''i~b...a:.a.Q~.:fC?+.it!~.:.f~~. performan~ .Qf~~ :QQ.~\_ ~ .~9i:~~;P!~~t.:g~i.L .
. .;~ persons_o'il.~i~tig.ilabGt~ famishing inaterials'm coimection\_~e~~:;.i~.'::'
. "".: ,,".: and shall in all respects pcrfomithe agreement created by: ~e accePtmiee of~ :s:iD;{:.: .
.~ ...... . :' .:" .:..... '. ::. :....._..:.~.....: . .th~'.~~.9.~U&:!~9.~.~..~.!9!d, otherwise the' same sh8.11remain inforce.and'effeC~'~'~':".
.. . . it bq~ly:unews.toodmid agreed that the liability.ofthe Surety for' any"and.;a1l':.",: .
":. claims under this BOND shall, in no event, exceed the penal am.ountofthis.o.bliga.ti.on....
. ..... . as stated. '. . ,.,:.
:.:..:~....:~.'~ .:~. :.~..~,~.,:::,:,:'::.:''' ':~', ,;'. ..:.~ ::;.: ~ "'::"~'. :''l'' ..... _ . . . . . . .'
.- . '0" -. \ft...}..i..:-.:...::.....1.~~..:.: . " . '0. '.
: : .Th.c:(sOrety~.for value recd~ stiPiii~tes and agrees that the ob~gations o.ftb.e S~ ~ditS ,,:
BOND'sh'aJ1 be in no .Way impaired or affected by any extension. of the .time within which th~ : . .
.. . OWNER." .... .... . "";fs." 'BlD';:.a1id.tbp. Suret}t>>laives nOtice"ofa.nysu~'extel;fs!9~~..,,;;~:r'ft'i."'~;';<~;~~~~J.".
..' '. :~"""~ ". :'''; . . ..'.... ~'''' :'........ . ~..'''''' .'.
(a)
(1))
'. .
': , : '-j 3;: ,j.'.. .
.. . .....:. .. '... ...,...
~...~~.;?~ "t~~:~~;!~.:..;.~.~
'r.. ~.~ , ~. ~. r )!"~ j :. :: ,~"'i': ~~. ~i "
. , ..... -'''' ,,\ '\ ~ \ ~ .. .,,t ~
. .... Co~t.r..a.otors .Bondinq .,,& ..lnsuranC'e.....~h. ..... '............:-...... .... "'.""'. ... ....', \ ~ 'I," ,
. .' ~ . ....... '.t.o.tJ\Y., _~.Qi:l'" It I
SurenT . . . '. ."f"r.... t'C;::;~ ,....,'<"irit;;~i~ :. 'I
~"J~ . . " . . ~ .. . _ '0,)..... .', I
. ... .... ... " _' . "~ I
.. . . - ~ .-.. ~. 8 ", ~ ,-
. -- - " < '/~ /
. ..' . . .' ." ) ..1, I...f) /
By:. .' ~G!~:s~_<;:a Embr~~ Attorn~y ,n faC~J~.. ._ ": .' .:. :.;:" : ,,' ~.~ {<t'~~~t.~ ~
'OOORTANT - S1lrety companies executing BONDS tn~appea.r ontlle T:e~~ . . . ..~,~,. .
. . most .current Jist (Circular 570 as amended) and be authonzed to ~act ~usU1e~~~,~,~:,?: ~
. . . . .' . '" vN08. S'd() \..J ,:'
. . . Ot':ego''''' .. I I ,"
,"' ~. . . . . . . '\ \ \ \ \ \ , .
." '. .
Page 15
PERFORMANCE BOND
The undersigned , as principal,
further referred to in this bond as Contractor, and , as surety,
further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as
obligee, further referred to in this bond as City, in the sum of
Dollars ($ ).
Contractor and City have entered into a written contract dated ,
for the following project: Ashland Ice Rink. This contract is further referred to in this bond as the
Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the
Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is
null and void; otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the
contract in accordance with its terms and conditions and pay to City all damages that
are due under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract
tinle.
6. Nonpayment of the bond premium shall not invalidate this bond.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 16
7. The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows.
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this day of 2008.
WITNESS: CONTRACTOR:
By:
(Corporate Seal) Title:
Legal Address:
Attest:
Corporate Secretary
WITNESS: SURETY:
By:
(Corporate Seal) Title:
Legal Address:
Attest:
Corporate Secretary
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 17
PAYMENT BOND
The undersigned , as principal,
further referred to in this bond as Contractor, and , as surety,
further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as
obligee, further referred to in this bond as City, in the sum of
Dollars ($ ).
Contractor and City have entered into a written contract dated ,
for the following project: Ashland Ice Rink. This contract is further referred to in this bond as the
Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,
and promptly makes payment to all claimants, as defined in ORS 279C.600 through
279C.620, then this obligation is null and void; otherwise it shall remain in full force and
effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the contract in
accordance with its terms and conditions and pay to City all damages that are due under
the Contract.
3. This bond is subject to claims under ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 18
7. The bond number and the name, address, and telephone number of the agent authorized
to receive notices concerning this bond are as follows:
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this day of 2008.
WIlNESS: CONTRACTOR:
By:
(Corporate Seal) Title:
Legal Address:
Attest:
Corporate Secretary
WITNESS: SURETY:
By:
(Corporate Seal) Title:
Legal Address:
Attest:
Corporate Secretary
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 19
CERTIFICAtIONS OF REPRESENTATION
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, and
( 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 of perjury 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:
(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.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or
liability insurance relating to the labor or services to be provided.
Contractor
Date
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 20
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this
Ashland, ("City") and
day of
. between the City of
"(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the Ashland Ice Rink project. Contractor was awarded the bid as the lowest
responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract
documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take
precedence over the contract documents, which shall take precedence over the bid. This contract
and attached exhibits constitute the entire agreement between the parties. No waiver, consent, or
modification or change of terms of this contract shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification or change, ifmade, shall be effective only in the
specific instance and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this contract. Contractor, by signature
of its authorized representative, hereby acknowledges that he/she has read this contract, understands
it, and agrees to be bound by its terms and conditions.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution of
the contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a
form and with a surety satisfactory to City in the penal sum of conditioned upon the faithful
payment and performance of this contract upon the part of thc? Contractor as required by ORS
279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or
incident to the performance of this contract by Contractor (including but not limited to, Contractor's
employees, agents, and others designated by Contractor to perform work or services attendant to this
contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and approximately caused by the
negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 21
6.1 General Liability. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and comprehensive
automobile liability including owned and non-owned automobiles. The liability under each policy
shall be a minimum of $1 ,000,000 per occurrence (combined single limit for bodily injury and
property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per
occurrence for property damage. Liability coverage shall be provided on an "occurrence" not
"claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with
ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage
for all their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single limit,
or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents, and OBEC Consulting Engineers shall be
named as additional insureds on each required insurance policy. Contractor shall submit certificates
of insurance acceptable to the City with the signed contract prior to the commencement of any work
under this agreement. These certificates shall contain provision that coverage afforded under the
policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior
written notice has been given to City. Insuring companies or entities are subject to the City's
acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be
provided to the City. The Contractor shall be fmancially responsible for all pertinent deductibles,
self-insured retentions and/or self-insurance.
7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS
653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defmed in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has
workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured
employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured
employer, Contractor shall provide City with a certification from the Oregon Department of
Insurance and Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates
to this contract shall be brought and conducted solely and exclusively within the Circuit Court of
Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District Court
for the District of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its
Special Provisions, Ashland Ice Rink, Final, 9-23-08
I __n___
Page 22
authorized representative, hereby consents to the in personam jurisdiction ofsaideourts. In no event
shall this section be construed as a waiver by City of any form of defense or immunity, based on the
Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the
jurisdiction.
8. Default: A default shall occur under any of the following circumstances:
8.1 If the Contractor fails to begin the work under contract within the time specified, or
fails to perform the work with sufficient workers or equipment or with sufficient materials to insure
the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew
such work as shall be rej ected as defective or unsuitable, or shall discontinue the prosecution of the
work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act
of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied
for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
certificate or certification that it required to perform the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and appropriate
or use any or all of the materials and equipment on the ground that may be suitable and acceptable
and may cause a contract for the completion of this contract according to its terms and provisions, or
use such methods as required for the completion of the contract, in any acceptable manner. All costs
and charges incurred by the City together with the costs of completing the work under the contract,
shall be deducted from any money due or which shall become due the Contractor. In case the
expense so incurred by the City shall be less than the sum which would have been payable under the
contract if it had been completed by the Contractor, then the Contractor shall be entitled to received
the difference less any damages for delay to which the City may be entitled. In case such expense
shall exceed the sum which would have been payable under the contract, the Contractor and the
surety shall be liable and agree to and shall pay the City the amount of the excess with damages for
delay of performance, if any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent
of both parties.
10.2 City's Convenience. This contract may be terminated at any time by City upon
30 days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Contractor, or at such later date as may be established by
City under any of the following conditions:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 23
a. If City funding from federal, state, county, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services;
b. If federal or state regulations or guidelines are modified, changed or
interpreted in such a way that the services are no longer allowable or appropriate for
purchase under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract for any reason denied,
revoked, suspended, or not renewed.
10.4 For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a breach
of the contract by the other. Prior to such termination the party seeking termination shall
give to the other party written notice of the breach and intent to terminate. If the party
committing the breach has not entirely cured the breach within 15 days of the date of the
notice, or within such other period as the party giving notice may authorize or require,
then the contract may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
b. Time is of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of default or
breach, may at any time terminate the whole or any part of this contract if Contractor fails
to provide services called for by this contract within the time specified herein or in any
extension thereof:
c. The rights and remedies of City provided in this subsection (10.4) are not
exclusive and are in addition to any other rights and remedies provided by law or under
this contract.
10.5 ObligationlLiabilitv of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any obligations
or liabilities or either party already accrued prior to such termination or modification. However,
upon receiving a notice of termination (regardless whether such notice is given pursuant to
subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor shall immediately ceased all
activities under this contract, unless expressly directed otherwise by City in notice of termination.
Further, upon termination, Contractor shall deliver to City all contract documents, information,
works-in-progress and other property that are or would be deliverables had the contract been
completed. City shall pay Contractor for work performed prior to the termination date if such work
was performed in accordance with the Contract.
11. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget.
Contractor understands and agrees that City's payment of amounts under this contract attributable to
work performed after the last day of the current fiscal year is contingent on City appropriations, or
other expenditure authority sufficient to allow City in the exercise of its reasonable administrative
discretion, to continue to make payments under this contract. In the event City has insufficient
appropriations, limitations or other expenditure authority, City may terminate this contract without
penalty or liability to City, effective ~pon the delivery of written notice to Contractor, with no
further liability to Contractor.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
-~-----_...._-- T
Page 24
12. Prevailing Wage Rates: The Contractor shall fully comply with the provisions ofORS
279C.800 through 279C.870 pertaining to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $17,342.00 or more, and Contractor
is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the
AsWand Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the
work under this contract. Contractor must post the attached Living Wage - notice predominantly in
areas where it will be seen by all employees.
14. Assignment and Subcontracts: Contractor shall not assign this contract without the written
consent of City. Any attempted assignment without written consent of City shall be void. Contractor
shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons
employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City. Contractor may not substitute
any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without
written consent of the City, or by following the procedures ofORS 279C.585 and OAR 137-049-
0360.
15. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates
to this contract shall be brought and conducted solely and exclusively within the Circuit Court of
Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District Court
for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its
authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event
shall this section be construed as a waiver by City of any form of defense or immunity, based on the
Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the
jurisdiction.
16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE
SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATIJRE OF
ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
16. Prior Approval Required: Approval of the City of AsWand Council or Public Contracting
Officer is required before any work may begin under this contract.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
CONTRACTOR
By:
Signature
Printed Name
Its:
Title
Company Name
Address:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
CITY OF ASHLAND
By:
Pa~o 25
Lee Tuneberg
Finance Director
REVIEWED AS TO CONTENT:
By:
Department Head Date:
REVIEWED AS TO FORM:
By:
Legal Department
Coding:
Date:
(For City use only)
---- ~1 --
Page 26
CITY OF ASHLAND
SPECIAL PROVISIONS FOR PART 00100 - GENERAL REQUIREMENTS
The requirements for contract work are contained in the "OREGON STANDARD
SPECIFICATIONS FOR CONSTRUCTION, 2002" Oregon Department of Transportation/
Oregon Chapter APWA, hereinafter referred to as the "Standard Specifications". All work
performed under this contract shall conform to the Standard Specifications supplemented
and/or modified as follows:
SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND
DEFINITIONS
Comply with Section 00110 of the Standard Specifications supplemented and/or modified
as follows:
00110.20 Definitions - Add the following definition:
Construction Contracts Unit - The City of Ashland or their designee.
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
Comply with Section 00120 of the Standard Specifications supplemented and/or modified
as follows:
00120.00 Prequalification of Bidders -Substitute the following:
On any proposed Public Works contract estimated at $10,000 or over, all Contractors shall
comply with all laws of Oregon pertaining to the qualification of bidders, and particularly
ORS 279C.430(2) requiring a pre-qualification application on a form provided by the City of
Ashland at least five days before the opening of bids. Prequalification applications are
available at www.ashland.or.us/Departments/PublicWorks/ Contractor Prequalification
Application. The Class of Work for prequalification is: either 1) Earthwork and Drainage or
2) Portland Cement Concrete Paving.
00120.05 Requests for Solicitation Documents - Substitute the following:
Copies of the plans and specifications (Solicitation Documents) may be obtained at the City
Parks & Recreation Office, located at 340 South Pioneer Street, Ashland, OR 97520. The
agency will add the name of the entity intending to use the Solicitation Documents to the list
of Holders of Bidding Plans. Bidders are cautioned that only Solicitation Documents
obtained from the City may be used to submit bids. Plans and specifications may also be
examined at the above office.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 27
Copies of the 'Standard Specifications may be ordered from the Contractor Plan Office,
Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon 97301-3871; phone
(503) 986-3720. The Standard Specifications may also be downloaded from the ODOT's
web site:
www.odot.state.or.us/techservlroadwav/soecs/2002-std-soecs.htm
00120.15 Examination of Work Site and Solicitation Documents; Consideration of
Conditions to be Encountered - Add the following paragraphs:
Requests for clarifications specified above should go to:
Contractual Questions to: Steve Gies, Parks Superintendent
Parks & Recreation
City of Ashland
340 Pioneer Street
Ashland, OR 97250
(541) 488-5340
Technical Questions to: Jeff Bernardo, P.E.
OBEC Consulting Engineers
1335 Poplar Drive
Medford OR 97504-5207
(541) 774-5590
There will be a non-mandatory pre-bid conference to be held at the City of Ashland, Parks
and Recreation Office, 340 Pioneer Street, Ashland, Oregon, at 9:30 AM, on October 1,
2008. All bidders are encouraged to attend this meeting.
00120.40 Preparation of Bid - Add the following to subsection (c):
Complete all four Bid Schedules for this project. The project will be awarded to the lowest
responsive bidder for the bid schedules.
Substitute the following subsection (e):
(e) Bid Guarantee Each proposal must be accompanied by a certified check or bid bond
in an amount equal to five percent (50A>) of the total amount of the proposal as
guarantee that if awarded the contract, the bidder will execute the contract and give
bond as required. The successful bidder's check or bid bond will be retained until
the bidder has entered into a satisfactory contract and furnished the one hundred
percent (100%) performance bond and the one hundred percent (100%) payment
bond.
If a bid bond is submitted, bidders shall use the Agency's standard Bid Bond form
included with the Solicitation Documents.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
-----n-T---
~.._._----------
Page 28
Acceptabre SUrety companies are limited to those authorized to do bUsiness ih the
State of Oregon.
Forfeiture of Bid guarantees is covered by 00130.60, and return of guarantees is
covered by 00130.70.
00120.45 Submittal of Bids - Delete the third paragraph and substitute the following:
Sealed proposals for performing the work will be received by the Parks Department
Director, or their representative, at the Parks Department Offices located at 340 South
Pioneer Street, Ashland, Oregon until 2:00 PM, October 9, 2008 at which time proposals
will be publicly opened and read. A contract for the work will be awarded or bids may be
rejected, separately or entirely, within thirty days after opening.
00120.60 Revision or Withdrawal of Bids - Replace the second bulleted item in the first
paragraph with the following:
· Changes are received by the City Engineer's office before time of the bid opening, listed
above, on the day of the Bid Opening.
Replace the third bulleted item in the second paragraph with the following:
· The request is received by the City Engineer or her representative at the location
specified in the Notice and in subsection 00120.45 of these provisions, prior to the time
listed for the Bid Opening.
SECTION 00130 - AWARD AND EXECUTION OF CONTRACT
Comply with Section 00130 of the Standard Specifications supplemented and/or modified
as follows:
00130.50 Execution of Contract and Bonds
(a) By the Bidder - Substitute the following for the first paragraph:
The successful Bidder shall deliver the required number of Contract Documents, with the
properly executed Contract, Performance Bond, Payment Bond, certification of workers'
compensation coverage, the Certification of Representation, and the required certificates of
insurance to the City of Ashland within 10 Calendar Days after the date on which the
Contract Documents are sent or otherwise conveyed to the Bidder under 00130.10. The
Bidder shall return the originals of all documents received from the City and named in this
Subsection, with original signatures. Certificates of insurance shall also be originals. No
copies of these documents will be accepted by the City.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 29
SECTION 00140 - SCOPE OF WORK
Comply with Section 00140 of the Standard Specifications supplemented and/or modified
as follows:
00140.70 Cost Reduction Proposals - Delete this subsection in its entirety.
SECTION 00150 - CONTROL OF WORK
Comply with Section 00150 of the Standard Specifications supplemented and/or modified
as follows:
00150.50 Cooperation with Utilities - Replace subsection (b) with the following:
The Agency has not made arrangements for planned Adjustments of Utilities. Certain
underground utility lines are shown in the plans. The Contractor shall meet with affected
Utility Company representatives on a weekly basis or as requested to coordinate utility
relocation efforts. The Contractor is advised that the requirements of Subsection 00150.50
(c), (d) and (e) apply to work done under this contract.
00150.75 Protection and Maintenance of Work During Construction - Add the
following paragraph:
The Contractor shall clean and/or maintain existing streets, buildings, sidewalks, and other
adjacent private improvements that are outside the work limits of this project if dirtied or
damaged by construction activities. There will be no separate or added payment for this
work. This requirement includes compliance with the City's track-out ordinance.
00150.97 Responsibility for Materials and Workmanship - Add the following
subsection:
(c) Neither the final certificate of payment nor any provision in the Contract Documents
shall relieve the Contractor of responsibility for faulty materials or workmanship and,
unless otherwise specified, the Contractor shall remedy any defects due thereto and
pay for any damage to other work resulting two years from the date of acceptance of
the complete building or installation. The City shall give notice of observed defects
with reasonable promptness.
Add the following subsection:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 30
00150.98 Adherence to Valdez Principles:
On May 5, 1990, the Ashland City Council adopted the attached Valdez Principles. In
addition to the requirements of ORS 279C.525, all contractors working within the City of
Ashland shall adhere to the Valdez Principles in the course of their work.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 31
VALDEZ PRINCIPLES
By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direc
responsibility for the environment. We believe that we must conduct the public's business as responsible steward~
of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that thl
City must not compromise the ability of future generations to sustain their needs.
We recognize this to be a long term commitment to update our practices continually in light of advances ir
technology and new understandings in health and environmental science. We intend to make consisten1
measurable progress toward the ideal that these principles describe, and to apply them wherever we operate, in c
manner consistent with our other obligations under law.
1.
Protection of the Biosphere. 6.
We will minimize and strive to eliminate
the release of any pollutant that may
cause environmental damage to air,
water or earth or its inhabitants. We will
safeguard habitats in creeks, ponds,
wetlands, natural areas and will 7.
minimize contributing to global warming,
depletion of the ozone layer, acid rain or
smog.
Sustainable Use of Natural
Resources.
We will make sustainable use of 8.
renewable natural resources, such as
water, soils and forests. We will
conserve nonrenewable natural
resources through efficient use and
careful planning., We will protect wildlife
habitat, open spaces and wilderness,
while preserving biodiversity.
Reduction of Disposal of Waste.
We will minimize the creation of waste,
and wherever possible, recycle
materials. We will dispose of all wastes 9.
through safe and responsible methods.
Wise Use of Energy.
We will make every effort to use
environmentally safe and sustainable
energy sources to meet our needs. We
will invest in and promote energy 10.
efficiency and conservation in our
operations and that of our citizens.
Risk Reduction.
We will minimize the environmental,
health and safety risks to our
employees and the communities in
which we operate by employing safe
technologies and operating procedures
and by being constantly prepared for
emergencies.
2.
3.
4.
5.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Safe Products and Service.
We will provide services that minimize
adverse environmental impacts and that
are safe for consumers. We will inform
consumers of the environmental impacts
of our service.
Damage Compensation.
We will take responsibility for any harm we
cause to the environment by making every
effort to fully restore the environment and
to compensate those persons who are
adversely affected.
Disclosure.
We will disclose to our employees and to
the public incidents relating to our
operations that cause environmental harm
or pose health or safety hazards. We will
disclose potential environmental, health or
safety hazards posed by our operations,
and we will not take any action against
employees who report any condition that
creates a danger to the environment or
poses health and safety hazards.
Environmental Directors and Managers.
At least one member of management will
be a person qualified to represent
environmental interests and will commit
management resources to implement
these Principles.
Annual Assessment.
We will conduct and make public an
annual self-evaluation of our progress in
implementing these Principles and in
complying with all applicable laws and
regulations.
--"--..__._._----._._---~~_._~-~~-~_._---------~--
Page 32
SECTION 00160 SOURCE OF MATERIALS
Comply with Section 00160 of the Standard Specifications supplemented and/or modified
as follows:
00160.30 Agency-Furnished Materials - The City of Ashland will furnish certain materials
at no cost to the Contractor, to be installed by the Contractor. See 00758.10 of these
Special Provisions.
SECTION 00165 - QUALITY OF MATERIALS
Comply with Section 00165 of the Standard Specifications supplemented and/or modified
as follows:
00165.00 General - Add the following:
References to ODOT specifications, test methods and reporting requirements shall apply to
all materials and workmanship incorporated into this project, unless otherwise excluded
under the Section and/or subsection for that work item.
SECTION 00170 - LEGAL RELATIONS AND RESPONSIBiliTIES
Comply with Section 00170 of the Standard Specifications supplemented and/or modified
as follows:
Add the following Subsection:
00170.01(e) City of Ashland Noise Control - Comply with the City of Ashland's Noise
Control Ordinance. See Subsection 00290.30(e) for information about the City's code.
00170.02 Permits, Licenses, and Taxes - Add the following bulleted items to the end of
the list:
· The successful bidder shall, prior to the start of work, obtain a City of Ashland Business
License. Sub-contractors on the project shall also be required to have a current
business license. Licenses may be acquired through the City of Ashland Utility Office
during regular business hours.
· The Contractor shall obtain a permit from the City of Ashland for any work outside of
hours permitted by the City's Noise Control Ordinance. See Subsection 00290.30(d) of
the Standard Specifications for other Contract Noise Control requirements.
00170.85 (b) Warranties - Add the following paragraph to this subsection:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 33
The Contractor shall warrant all work performed under this Contract for a period of two
years from the date of final acceptance, as specified in Subsection 00150.97 (c) of these
provisions.
SECTION 00180 - PROSECUTION AND PROGRESS
Comply with Section 00180 of the Standard Specifications supplemented and/or modified
as follows:
00180.33 Metric Submittals - Delete this subsection and add the following:
00180.34 English Submittals - The Contractor shall use English units for all calculations
and measurements, Working Drawings, Materials Certifications, delivery tickets, and other
documents submitted in conjunction with performance of the Contract.
00180.40 Limitation of Operations - Add the following subsections:
(c) Project Time Restraints - Notify the City of Ashland and obtain their approval at least
48 hours prior to undertaking any work outside of normal working hours. Normal working
hours for City Staff are 7:30 AM to 4:30 PM, Monday through Friday, excluding holidays.
(d) Limitation of Operations - Limitation of operations specified in these special
provisions include, but are not limited to the following:
· Noise Control................................................. 00 170.02
· Project Time Restraints ............................ 00180.40(c)
· Final Completion Time................................... 00180.50
Add the following subsection:
00180.50(h) Contract Time - Complete all Work to be done under the Contract not later
than November 14, 2008
00180.85(b) Liquidated Damages - Add the following paragraph:
The liquidated damages for failure to complete the Work on time is $200 per Calendar Day.
00190 - MEASUREMENT OF PAY QUANTITIES
Comply with Section 00190 of the Standard Specifications.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
-.---..--- -----------.-.--------------------------,----
Page 34
SECTION 00195 -PAYMENT
Comply with Section 00195 of the Standard Specifications.
SECTION 00196 - PAYMENT FOR EXTRA WORK
Comply with Section 00196 of the Standard Specifications.
SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK
Comply with Section 00197 of the Standard Specifications.
SECTION 00199 ~DISAGREEMENTS, PROTESTS AND CLAIMS
Delete Section 00199 of the Standard Specifications in their entirety and substitute the
foUowing:
00199.00 General-In any case where the Contractor deems extra compensation is due
for work or materials not allowed by the Engineer, the Contractor shall in writing notify the
Engineer of their intention to make claim for such compensation before the Contractor
begins the work on which the Contractor bases the claim. If such notification is not given or
the Engineer is not afforded proper facilities by the Contractor for keeping strict account of
actual cost, then the Contractor agrees to waive the claim for extra compensation. Such
notice by the Contractor and the fact that the Engineer has kept account of the cost, shall
not in any way be construed as proving the validity of the claim.
Not withstanding any other notices that are required, in the event Contractor discovers any
subsurface, latent or other conditions at the site differing materially from those indicated in
the contract documents, the Contractor shall immediately notify the Engineer and not
disturb them until the Engineer has reviewed such conditions.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
PART II
TECHNICAL SPECIFICATIONS
Approved by:
/" ...')
A/ I /1
/1/ / . . 'j/
t / . /
Preparer: j:';" / ( //VVV1-'\..~~
(~/ Jo1m K. Parsons
EXPIRES: J~t~1rQ 2--
()BEC Consulting Engineers
1335 Poplar Drive
Medford, ()R 97504-5207
(541) 774-559
Page 35
Page 36
CITY OF ASHLAND
SPECIFICA TIONS
FOR PUBLIC WORKS CONSTRUCTION
All Public Works Construction within the City Limits, within the Utilities Service Boundary,
or planned to become a part of a system owned or operated by the City shall be
constructed in accordance with the 2002 edition of the "Orecon Standard Specifications for
Construction" ODOT/APWA as amended by the Project Special Provisions, as well as any
special provisions included with the plans. All number references in the "Addendum" and
Special Provisions shall be understood to refer to the Sections and Subsections of the
Standard Specifications bearing like numbers and to Sections and Subsections contained
herein in their entirety.
The Standard Specifications and "Addendum" are available to view at the City's Parks and
Recreation Offices.
The OreQon Standard Specifications for Construction are available on-line on OOOT's Web
Site:
http://www.oregon. gov/ODOT /HWY /SPECS/standard specifications.shtnll
ODOT/APWA standard drawings are available at:
htto:/Iwww.oreoon.oov/ODOT/HWY/ENGSERVICES/standard drawinos home.shtml#standard dra
winos
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 37
PART 00200 - TEMPORARY FEATURES AND APPURTENANCES
SECTION 00210 - MOBiliZATION
Comply with Section 00210 of the Standard Specifications.
SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC
Comply with Section 00220 of the Standard Specifications.
SECTION 00225 - WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications.
SECTION 00280 - EROSION AND SEDIMENT CONTROL
Comply with Section 00280 of the Standard Specifications.
SECTION 00290 ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications, supplemented or modified as follows:
Add the following Subsection:
00290.20 Hazardous Waste and Hazardous Substances - Revise this subsection as follows:
(c) Fuel Storage - Add the following paragraph:
If above-ground fuel storage will exceed 2498 L (660 gallons) per container or 4996 L (1,320
gallons) aggregate, develop and submit for approval 10 days before the pre-construction
conference, a spill prevention control and countermeasures (SPCC) plan, signed and stamped by a
professional engineer, in accordance with 40 CFR 112. The SPCC plan requirement is in addition
to the PCP requirement described above. Employees must be trained as specified in 40 CFR 112
and the SPCC plan. Maintain a copy of the SPCC plan on-site at all times during construction
activities, readily available to employees and inspectors.
00290.30(a-1) Minimum Required Measures - Add the following to the end of the bulleted item list:
00290.30(e) City of Ashland Noise Control-In addition to the restrictions above, comply with the
City of Ashland's Noise Ordinance, Ashland Municipal Code 9.08.170.8. Wherever there is a
conflict between the City's code and the provisions of subsection 00290.30(d) of the Standard
Specifications, the more restrictive provision shall apply.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 38
The Contractor shan be responsible for applying for any variances they deem to be desirable for
their operations. Denial of any and all variance requests will not be considered in any requests for
extension of time to complete work, or for increased compensation.
(e) City of Ashland Tree Protection - Add the following subsection.
Take all necessary precautions to avoid damage to existing trees within the work area. As a
minimum, provide the following:
· Protective Fencina: As indicated on the plans or as directed by the engineer, the contractor
shall provide temporary Chain Link Fencing. Fencing shall be installed at the drip line of the
trees.
1. Chain link fencing shall occur around all existing trees and planted areas to be "saved
and protected' and existing trees in adjacent areas, that occur within 30 feet of a
demolition feature requiring the use of heavy equipment, for example, built structures,
buildings and retaining walls, and around trees adjacent to the paths of travel for
demolition and construction equipment. Install metal tee posts plumb and evenly
spaced not to exceed eight feet along the fence line. Drive posts 18 to 24 inches into
the ground; adjacent posts shall be within four inches of the same height above grade.
2. All chain link fence support posts shall have a minimum spacing distance of eight feet
on center. Posts shall be placed in 18-24 inches deep, six-inch diameter augured hole
and backfilled with % inch minus crushed rock. All posts shall be made vertical and
ridged to top of fence. If support roots of trees are encountered during post
placement, move post to next acceptable location or consult the City's arborist.
· Tieback Protection: Protect existing trees and plants against any and all types of damage.
Tie back all flexible limbs and overhead branches which may, in the opinion of the
Landscape. Architect and or representative arborist, may be damaged by the passage or
activity of equipment.
· Excavation:
1. Minimize Excavation: Install shoring or other protective support systems to minimize
sloping or benching of excavations.
2. Excavation Within Drip Line: Do not excavate within tree drip line, unless otherwise
indicated. No tree limbs may be removed without the written approval of the
representative arborist. Excavation within drip line shall only occur under the direction
of the representative arborist. Major lateral roots or taproots shall not be cut unless
approved in writing by the arborist or under the direction of the representative arborist.
Where excavation for new construction is required within tree drip lines, hand excavate
to minimize damage to root systems. Use narrow-tine spading forks and comb soil to
expose roots.
a. Notify project arborist to review areas of impact 48 hours prior to initiation of
work.
b. Relocate roots in backfill areas wherever possible.
c. Roots encountered immediately adjacent to location of new construction and
relocations are not practical, are to be cut appropriately three inches (75 mm)
back from new construction. Prune torn roots with clean cut.
d. Do not allow exposed roots to dry out before placing permanent backfill. Provide
temporary earth cover or pack with peat moss and wrap with burlap.
e. Water and maintain in a moist condition and temporarily support and protect
roots from damage until they are permanently relocated and covered with earth.
· Utilitv Trenchina: Where utility trenches are required within tree drip lines, tunnel under or
around any roots greater than two inches in diameter by drilling, pipe jacking, or digging by
hand.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 39
1. Notify project. representative arborist to review areas of impact 48 hours prior to
initiation of Work.
2. Root Pruning: Do not cut main lateral roots or tap roots; cut only smaller roots that
interfere with installation of new work. Cut roots with sharp pruning instruments; do
not break or chop. If in doubt, contact arborist.
3. Consult with arborist to determine if soil aeration may be necessary following utility
installation if excessive compaction results from heavy equipment.
· Rearadina:
1. Grade Lowering: Where new finish grade is indicated below existing grade around
trees, slope grade away from trees as recommended by arborist.
a. Notify project arborist to review areas of impact 48 hours prior to initiation of
work.
b. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main
lateral roots or tap roots; cut only smaller roots. Cut roots with sharp pruning
instruments; do not break or chop.
c. Do not alter original grade more than three inches (75 mm) within drip-line of
retained trees.
2. Minor Fills: Where existing grade is six inches (150 mm) or less below elevation of
finish grade shown, fill with planting soil mix. Place planting soil mix in a single un-
compacted layer and hand grade to required finish elevations.
· Tree Prunina:
1. General:
a. All tree pruning shall occur under the direction of the arborist. Notify the arborist
to review areas of impact 48 hours prior to initiation of work.
b. Evaluate all trees, which are to remain 'within the limits of work for desired
pruning. Prune as directed by the arborist.
c. Prune to compensate for root loss caused by damaging or cutting root system,
health of trees, appearance, and public safety.
d. Provide subsequent maintenance during the Contract period as recommended
by arborist.
e. Cut branches with sharp pruning instruments; do not break or chop.
2. Pruning Standards: Prune trees according to the National Arborist Association's
"Pruning Standards for Shade Trees."
a. Class II: Standard Pruning.
b. Class III: Hazard Pruning.
c. Class IV: Crown-reduction Pruning.
· Tree Care Durina Construction:
1. Irrigation:
a. Provide one inch of irrigation water per week to the root system during the
growing season.
b. Provide irrigation during the work of this contract.
2. Construction Traffic: Construction traffic within tree protection zones is to be avoided.
If limited access must occur, protect root zone from compaction with 4" layer of wood
chips followed by a layer of plywood over all root zone areas subject to traffic. After
construction, plywood and chips are to be removed.
· Tree Reoair and Reolacement:
1. Promptly repair trees damaged by construction operations to prevent progressive
deterioration.
2. Remove and replace dead and damaged trees that the arborist determines to be
incapable of restoring to a normal growth pattern.
· Disoosal of Waste Materials:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
-,
Page 40
1. Burning on Owners Property: Buming is not perrnitted on Owners property.
2. Disposal: Remove excess excavated material, displaced trees, and excess chips from
Owner's property.
Add the following subsection:
00290.92 Incidental Basis - There will be no separate or additional payment for preparing and
submitting the Pollution Control Plan according to 00290.30(b).
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 41
PART 00300 - ROADWORK
SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Comply with Section 00310 of the Standard Specifications.
SECTION 00330 - EARTHWORK
Comply with Section 00330 of the Standard Specifications supplemented and/or modified as
follows:
00330.03 Basis of Performance - Perform all earthwork under this Section on the excavation
basis.
Add the following subsection:
00330.21 Vibratory Rollers - If specified, use vibratory rollers having a smooth drum and exerting
a dynamic force of at least 30,000 pounds per impact and operating at a frequency of at least 1000
vibrations per minute. Limit roller speed to no more than 1 1/2 mph.
00330.42(c-6) Embankment Construction at Pipes - Replace the two bulleted items which
discuss "...Iess than 1200 mm (48 inch)..." and "...1200 mm (48 inch) to 1800 mm (72 inch)..."
pipes with the following:
· 12 inches minimum above the outside top of pipe elevation.
00330.43(b-2-c) Deflection Requirement - Replace this subsection with the following:
c. Deflection Requirement -In addition to moisture density testing, conduct at least one
deflection test for each 3 feet, or portion thereof, of embankment placed according to ODOT
TM 158. If the layer being tested exhibits any yielding, deflection, reaction or pumping,
rework the area to provide acceptable test results prior to placement of any additional
material.
Conduct deflection tests, witnessed by the Engineer, on the finish grade of all subgrades.
During placement of subbase or base aggregates or HMAC, if deflection is observed,
remove the HMAC, base and subbase aggregates and correct the deflecting areas at the
Contractor's expense.
Provide a signed test report to the Engineer at the end of each shift after completing the
required testing. Remove and replace embankment constructed thicker than 3 feet that was
not deflection tested at the Contractors expense.
00330.43(c) Non-Moisture-Density Testable Materials - Replace this subsection with the
following:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 42
(c) Non-Moisture Density Testable Materials -Whenmaterial is not moisture-densIty testable
because rock fragments in the material prevent moisture-density testing, place and compact the
material as follows:
· Place non-mo,isture density testable material in nearly horizontal layers with thickness not
exceeding 12 inches.
· Water or aerate the material to ensure each layer can be compacted to form a dense mass,
free of pumping.
· Compact each layer uniformly with a minimum of four full coverages using a smooth drum
vibratory roller.
· Conduct at least one deflection test for each layer of embankment placed according to
OOOT TM 158. If the layer being tested exhibits any yielding, deflection, reaction or
pumping, rework the area to provide acceptable test results prior to placement of any
additional material.
Add the following subsection:
00330.43(d) Small, Irregular Fill Areas - The density requirements of 00330.43 do not apply to
irregular fill areas that have a total volume of no more than 150 cubic yards outside of the travel
lanes. Construct these areas according to the following:
· Place embankment material in nearly horizontal layers with thickness not exceeding 8
inches.
· Water or aerate the material to ensure each layer does not deflect under the action of the
roller used for compaction.
· Compact each layer using a roller appropriate to the material being placed and as directed.
Use a smooth drum vibratory roller for sands and gravels; use a sheepsfoot or tamping foot
roller for silts and clays. The Engineer will determine the classification of the embankment
soil.
· Compact each layer uniformly with a minimum of five full coverages of the specified roller.
· In areas not accessible to rollers, use compaction equipment suitable for the area and
compact each layer with sufficient coverages to produce a firm unyielding surface.
00330.80 General - Add the following bulleted item:
· Not include the earthwork for driveways and road approaches. Earthwork for driveways and
road approaches will be that which is outside the neat line limits shown on the typical
section(s).
00330.92 Kinds of Incidental Earthwork - Add the following to the end of this subsection:
(i) Driveway and Road Approaches - Earthwork outside the neat lines as shown on the Typical
Sections, necessary to construct driveways and road approaches.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 43
PART 00400 - DRAINAGE ANI) SeWERS
SECTION 00440 - COMMERCIAL GRADE CONCRETE
Comply with Section 00440 of the Standard Specifications supplemented and/or modified as
follows:
00440.12 Tolerance and Limits of CGC Mixtures - In the Compressive Strength bulleted item,
change the English value from "(3,300 psi)" to "(3,000 psi)".
00440.14(d) Hardened CGC - In the first sentence, replace "00540. 16(d)" with "00540.17(c)".
00440.30 Quality Control Personnel - Delete the first bulleted item. Add the following bulleted
item:
· CSTT - Concrete Strength Testing Technician
SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS
Comply with Section 00442 of the Standard Specifications.
SECTION 00445 - SANITARY, STORM, CULVERT, SIPHON AND IRRIGATION PIPE
Comply with Section 00445 of the Standard Specifications supplemented and/or modified as
follows:
00445.12 Asphal~ Mastic - Replace this subsection, except for the heading, with the following:
The asphalt mastic specified in 00445.47 for aluminum and concrete contact surfaces shall consist
of a mixture of asphalt, mineral stabilizer, and fillers conforming to AASHTO M 243 or
ASTM 0 4586. An approved product from the QPL may be used.
SECTION 00470 - MANHOLES, CATCH BASINS AND INLETS
Comply with Section 00470 of the Standard Specifications.
SECTION 00490 - WORK ON EXISTING SEWERS AND STRUCTURES
Comply with Section 00490 of the Standard Specifications, supplemented and/or modified as
follows:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 44
00490.44 Filling Abandoned Pipes, Manholes and Catch Basins - Add the following
paragraph:
Where shown, modify the bottom of the existing inlet to match the flow line of connecting pipes.
Cap the inlet as shown, ensuring that no form material or other debris is left in the inlet.
00490.90 Unit Basis - Add the following pay item and paragraph:
(j) Cap and Modify Existing Inlet
Item 0) includes furnishing all materials, equipment, labor and incidentals:required to cap the inlet
and modify as shown.
'; "y ~!! t
fl'
Special Provisions, Ashland Ice Rink, Final, 9-23-08
ii. 'C i^
Page 45
PART 00600 - BASES
SECTION 00640 - AGGREGATE BASE AND SHOULDERS
Comply with Section 00640 of the Standard Specifications.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 46
PART 00700 - WEARING SURFACES
SECTION 00730 - ASPHALT TACK COAT
Comply with Section 00730 of the Standard Specifications supplemented and/or modified as
follows:
00730.11 Asphalt - In the first sentence of the third paragraph, replace "for chip seal use" with "for
tack coat use".
Add the following paragraph after the third paragraph:
Dilution of the tack coat material may be performed when allowed by the Engineer. If dilution is
allowed, for every part emulsion, do not add more than one part water. Add water and mix with
emulsified asphalt as recommended by the asphalt supplier. The exact proportion of added water
will be determined in a manner acceptable to the Engineer.
00730.40 Temperature Limitations - Replace "00735.40 or 00745.40" with "00735.40, 00744.40,
or 00745.40".
00730.44 Applying Tack Coat - Add the following to the end of the first paragraph:
Application rates for tack coat diluted according to 00730.11 will be increased as necessary to
provide the same amount of residual asphalt as the application rates specified above.
00730.81 Water - Replace this subsection with the following:
00730.81 Water - Water added to dilute the emulsified asphalt tack coat after it is manufactured
will not be measured.
00730.90 Asphalt - There will be no separate payment for construction of the asphalt tack coat.
Approximately 0.1 tons of asphalt in tack coat will be required on this Project.
00730.91 Water - Replace this subsection with the following:
00730.91 Water - Water added to dilute the emulsified asphalt tack coat after it is manufactured
will not be paid for and will be considered incidental to the item above.
SECTION 00744 - HOT MIXED ASPHALT CONCRETE (HMAC) PAVEMENT
Comply with Section 00744 of the Standard Specifications supplemented and/or modified as
follows:
00744.10(a) Soundness - Replace this subsection with the following:
(a) Soundness - Provide coarse and fine aggregate with a weighted loss not exceeding 120/0 when
subjected to five cycles of the soundness test using sodium sulfate solution according to AASHTO
T 104.
Special Provisions, Ashland Ice Rink, Final. 9-23-08
Page 47
00744.10{b) Durability - Under the "Aggregates/Coarse" column next to "Sediment height",
replace "(3")" with "(3.0")". Under the "Aggregates/Fine" column next to "Sediment height", replace
"(4")" with "(4.0")".
00744.13 Job Mix Formula (JMF) Requirements - Replace this subsection with the following:
00744.13 Job Mix Formula (JMF) Requirements - Provide a JMF for the project meeting the
criteria set forth below that was either developed or verified within 5 years of the date the contract
was advertised. The JMF shall have been developed according to the OOOT Contractor Mix
Design Guidelines for Asphalt Concrete or verified according to the OOOT Mix Design Verification
process. Submit the proposed JMF and supporting data to the Engineer for review at least 10
calendar days prior to anticipated use. If acceptable, written acceptance will be provided. Perform
a new TSR if the source of asphalt cement changes.
Level 1
Level 2
Design Method
Compaction Level
Air Voids, %
VMA, % minimum
Marshall
50 Blows
3.5
1/2" - 14.0
3/8" - 15.0
Superpave
75 Gyrations
4.0
3/4" - 13.0
1/2" - 14.0
3/8" - 15.0
0.8 to 1.6
80
65 - 78
< 90.50t'o
P No. 200/ Eft AC ratio
TSR, % minimum
VFA,%
N initial *
0.8 to 1.6
80
70 - 80
* Percent of Theoretical Maximum Density
Level 3
Superpave
100 Gyrations
4.0
3/4" - 13.0
1/2" - 14.0
3/8" - 15.0
0.8 to 1.6
80
65 - 75
< 89.00t'o
00744.16 HMAC Acceptance - Replace this subsection with the following:
00744.16 HMAC Acceptance - A CAT-1 shall perform a minimum of one asphalt content,
gradation, mix moisture, and Maximum Specific Gravity (AASHTO T 209) test per day and provide
results to the Engineer by the middle of the following work shift. The Contractor shall also provide
split samples to the Engineer when requested. Testing may be waived upon written notice and
accepted visually by the Engineer according to Section 4(B) of the MFTP.
When three or more tests are performed on a project, a price adjustment will be calculated
according to 00744.95.
Add the following subsection:
00744.17 Small Quantity Acceptance - When less than three test results are obtained on a
project and testing has not been waived by the Engineer, the HMAC will be accepted according to
the following:
(a) Within Specification Limits - If all sublot sample test results are within specification limits for
all constituents (including compaction) the material will be accepted and the full bid price will be
paid for the material represented by that test.
Special Provisions. Ashland Ice Rink, Final, 9-23-08
Page 48
(b) Outside Specification Limits - If a sublot sample test result for any constituent is outside the
specification limit the Engineer will have the backup sample tested.
(1) Backup Within Specifications - If the backup sample test results for all constituents are
within specification, the material will be accepted and the full bid price will be paid for the
material represented by that test.
(2) Backup Out of Specifications - If the backup sample test results are out of specification,
the Contractor may choose to accept the price adjustment calculated according to 00744.95 or
may choose to sample the in-place material for further testing. The price adjustments will be
computed using all original test results as well as all backup test results. (If there are less than
three tests, average the two tests you have and use the average as the third test result). In no
case will the composite pay factor (CPF) be greater than 1.0.
(3) In-Place Samples - If the in-place material is sampled, the Engineer will select and sample
from three random locations from the area represented by the lot in question. Those samples
will be tested and if found to be within specification the material will be accepted and paid for at
the full bid price. If the material proves to be outside of the specification limits, the material will
be accepted and paid for at an adjusted price according to 00744.95. In no case will the CPF
be above 1.0.
Add the following subsection:
00744.30 Quality Control Personnel - Provide certified technicians in the following fields:
· CAgT
. CAT-1
. COT
00744.49 Compaction - Replace this subsection with the following:
00744.49 Compaction -Immediately after the HMAC has been spread, struck off, and surface
irregularities and other defects remedied, roll it uniformly with rollers meeting the requirements of
00744.24 until compacted to a minimum of 910t'o of MAMD. Perform finish rolling and continue until
all roller marks are eliminated. Determine the density of each sublot by averaging five QC tests
performed at random locations by a CDT with the nuclear gauge operated in the backscatter mode
according to WAQTC TM 8. Calculate MAMO according to ODOT TM 305. When less than three
sublot test results are obtained on a project, the HMAC will be accepted according to 00744.17.
Perform a minimum of one sublot density test per day. The Engineer may waive compaction testing
upon written notice.
00744.95 HMAC Price Adjustments - The Composite Pay Factor (CPF), calculated according to
00165.40 will be applied to the Contract unit price for the pay items of 00744.90 and to the
applicable lot quantities. The CPF will be made available to the Contractor within 24 hours of
receipt of the required quality control test results. If less than three samples are tested, the CPF will
be computed as outlined in 00744.17. The maximum CPF for any case will be 1.0.
Use the following table to determine price adjustments in the CPF for constituents of HMAC.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 49
Dense Graded HMAC Type
Gradation Constitu&nts WeightillgFactor {f)
All Aggregate Passing 3/4" 1/2" 3/8"
1" 1
3/4" 1 1
1/2" 1 1 1
3/8" 1
NO.4 5 5 5
No.8 5 6 6
No. 30 3 3 3
No. 200 10 10 10
Other Constituents
Asphalt Content 26 26 26
Moisture Content 8 8 8
Compaction 40 40 40
Those HMAC constituents statistically evaluated will be eligible for a maximum PF of 1.00 (see
00165.50(b-1}), unless otherwise specified.
If these specifications do not require measurement of a constituent, its individual PF will be
considered 1.00 in calculating the CPF according to 00165.40.
A price adjustment will be determined by the following formula:
(CPF -1) x HMAC Unit Price x (LQ) =_
Where: LQ is the quantity of mixture in the lot
SECTION 00758 - REINFORCED CONCRETE ICE RINK FLOOR
Section 00758, which is not in the of the Standard Specifications, is included in this Project by
Special Provision.
Description
00758.00 Scope - This work consists of installing two layers of extruded polystyrene insulation,
vapor barrier, a reinforced concrete rink floor surface, and various appurtenances. A chilling pipe
system and dasher boards with brackets will be installed by others in coordination with the work of
this Section.
Materials
00758.10 Materials Furnished by Others - The City of Ashland will furnish the following
materials to be installed by the Contractor.
· Rink tubing spacers ("chairs")
· 2-inch foam insulation boards
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 50
The above-listed material$ Will b~ delivered to the Project site LJPon two weeks'. advance request
from the Contractor. Contact Steve Gies, (541) 488-5340.
00758.11 Contractor-Furnished Materials - Provide materials meeting the requirements of the
listed specifications:
Commercial Grade Concrete.. ..... ......................... ..... Section 00440
Pre-formed Expansion Joint Filler ..................................... 02440.10
Reinforcing Bar ...... .......................... ............ ............... ...... 02510.10
Welded Wire Fabric ...................... ................... ................. 02510.40
Wire ................... ............ .......... .................... ........ ........ ..... 02510.60
Vapor Barrier ........................................6 mil polyethylene sheeting
Commercial grade concrete shall have a minimum 28-day compressive strength of 4,000 psi.
Construction
00758.40 Coordination with Other Contractors - The City of Ashland will engage a specialty
contractor to install the ice rink chilling system. consisting in part of pipes to be cast in place in the
reinforced concrete ice rink floor. The name and phone number of the ice rink contractor will be
provided by the City when it is available.
Cooperate fully with the ice rink contractor, and coordinate schedules with the ice rink contractor so
that all work is completed in the proper sequence and without undue interference to either party.
See subsection 00150.55 of the Standard Specifications.
00758.41 General - Excavate the header trench and install two layers of foam insulation, vapor
barrier, and slab footing. Tape all seams of the vapor barrier. Allow the ice rink contractor to install
header pipes and appurtenances before proceeding with construction of the ice rink floor.
Tubing spacers/rebar supports will provide support to both the Contractor-installed reinforcement
and the ice rink tubing installed by the ice rink contractor; coordinate placement of reinforcement as
needed.
00758.42 Surface Finish - After screeding, float the surface to produce a uniform, flat surface.
The finished surface shall not vary by more than 1/4 inch when tested with a 12-foot straightedge.
Apply a light broom finish.
Measurement
00758.80 Lump Sum Basis - The work of this Section will not be measured. The estimated
quantities of materials required are as follows:
Reinforcing Bar..................................................... 9, 760 Ibs
Welded Wire Fabric....... .................................... ...2,776 Ibs
Commercial Grade Concrete. ................. ............ 120 cu yds
Payment
00758.90 Lump Sum Basis - Payment for the work of this Section will be made at the Contract
lump sum amount for the item "Concrete Surfacing, Reinforced, 5 Inch". Payment will be full
compensation for furnishing and placing concrete, reinforcement, vapor barrier, preformed
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 51
expansion joi[lt filler,an?aU?theLm~terials not noted as furnishe~ byother~;forc;~ordinating the
work with that of other contractors; and for all equipment, labor arid incidentals required to perform
the work as shown and as specified.
Payment for excavation of the header trench will be made according to Section 00330.
SECTION 00759 - MISCEllANEOUS PORTLAND CEMENT CONCRETE STRUCTURES
Comply with Section 00759 of the Standard Specifications supplemented and/or modified as
follows:
00759.00 Scope - Add the following:
This work consists of removing existing concrete walks and curbs, and constructing new portland
cement concrete sidewalk ramps with curbs.
Add the following subsection:
00759.12 Sidewalk Ramp Treatment - Supply truncated dome detectable warning surfaces for
sidewalk ramps and accessible route islands from the QPL.
Use only adhesives recommended or supplied by the manufacturer.
00759.50(c) Driveways, Walks, and Surfacin9s - Add the following paragraph:
On all sidewalk ramps and accessible route islands, install truncated domes as shown. Place
according to the manufacturer's recommendation.
00759.51 Curing - Add the following:
Do not apply curing compounds to the designated truncated dome areas of sidewalk ramps and
accessible route islands.
00759.90 General - Add the following pay items:
Pay Item
Unit of Measurement
(i) Concrete Sidewalk Ramps ........................................... Each
Delete the paragraph that reads "Item (e) includes sidewalk ramps."
Item (i) includes saw cutting and removing existing sidewalks, ramps, or curbs, and replacing with
new ramps and curbs. It also includes all work associated with applying truncated domes.
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 52
PART 00800 -- PERMENENT TRAFFIC SAFETY AND GUIPANCE; PEVICI;S
SECTION 00850 - PAVEMENT MARKINGS FOR LEGENDS
Comply with Section 00850 of the Standard Specifications supplemented and/or modified as
follows:
00850.02 Definitions - Replace this subsection, except the heading, with the following:
Pavement Legend, Painted - A pavement legend consisting of striping paint applied through a
stencil.
00850.10 General - Add the following line to the table of material requirements:
Striping Paint ......... ....................................... Section 02840.10 of the QPL
00850.40 General - Replace the first paragraph with the following:
Submit for approval the stencil to be used for the handicap symbol pavement marking, or a full-size
mock-up, prior to placing the marking.
00850.90 General - Add the following pay item:
Pay Item
Unit of Measurement
(k) Pavement Legend, Painted: Handicap Symbol............... Each
Add the following paragraph after the paragraph that begins "In items (b) through 0)... ":
Items (b) through (k) include preparing, cleaning, and priming pavement surfaces and laying out the
locations of new pavement markings.
SECTION 00861 - PAINTED PERMANENT PAVEMENT STRIPING
Comply with Section 00861 of the Standard Specifications supplemented and/or modified as
follows:
00861.00 Scope - In the first sentence, replace the words "in accordance to the ODOT Traffic Line
Manual" with "in compliance with the MUTCD".
00861.40 General - Replace the first sentence of this subsection with the following:
Before striping, prepare the surface according to the paint manufacturer's recommendations. Apply
striping to the lines and locations shown, or as directed.
00861.42 Application - Replace the paragraphs that begin II Apply painted stripes at..." and
'When striping over..." with the following paragraph and bullets:
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 53
Apply painted stripes as follows:
· Apply two separate applications of painted stripes.
· Retrace the second application directly over the first application.
· Apply each painted stripe application at a thickness of 15 mils (wet), equivalent to 17 gallons
per mile for a 4 inch wide solid stripe.
· Apply traffic beads to each application at a rate of 5 pounds per gallon of paint. Embed the
traffic paint beads in the paint to a depth of 40% to 60% of their diameter.
· For stripe lines that delineate opposing traffic, retrace the first painted stripe with the second
painted stripe in the reverse direction of the first application. For all other painted stripes,
retrace in the same direction of the first application.
· Apply the second application after 2 hours but within 48 hours of the first application or as
recommended by the manufacturer.
00861.45 Placement Tolerance - In the list of allowable tolerances, replace "Side to sidell with
"Lateral location on roadway". Replace the "Length of skips" bulleted item with the following three
bulleted items:
· Length of 10 foot skip stripe - :f: 2 inches
· Length of 3 foot skip stripe - :f: 3/4 inch
· Length of 2 foot skip stripe - :f: 1/2 inch
Replace the "End to end on skipsll bulleted item with the following four buHeted items:
· Length of 30 foot gap - :f: 2 inches
· Length of 9 foot gap - :f: 1 inch
· Length of 6 foot gap - :f: 3/4 inch
· Skip cycle - A tolerance of 1/10 of the skip line length will be allowed on the first skip line of
a run, but it shall be on cycle within one skip
Add the following bulleted item:
· Line thickness - + 5 mils / - 3 mils
00861.90 General- Replace "by the meter (foot) or" with "length basis or".
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 54
SECTION 02320 - GEOSYNTHETICS
Comply with Section 02320 of the Standard Specifications supplemented and/or modified as
follows:
02320.20 Geotextile Property Values - In the metric and English tables 02320-1, replace the
"Test Method" for the "Burst Strength, Diaphragm method" with ASTM D 3786 and remove footnote
number 2.
SECTION 02410 - CONCRETE AND PLASTIC PIPE
Comply with Section 02410 of the Standard Specifications supplemented and/or modified as
follows:
02410.70 Polyvinyl Chloride (PVC) Pipe - Replace this subsection with the following:
Provide PVC subsurface drain pipe and fittings meeting the requirements of ASTM D 2729.
Provide PVC sanitary, storm, culvert, siphon, and irrigation pipe and fittings with 2 feet or more
cover that have a minimum pipe stiffness of 46 psi or a minimum SDR of 35 and meet the
requirements of sewer pipe ASTM D 3034, ASTM F 679, ASTM F 789 or ASTM F 794 as
appropriate.
Provide PVC sanitary, storm, culvert, siphon, and irrigation pipe and fittings with less than 2 feet but
at least 1 foot cover meeting the requirements of AWWA C 900 or AWWA C 905.
SECTION 02420 - METAL PIPE
Comply with Section 02420 of the Standard Specifications supplemented and/or modified as
follows:
02420.20 Protective Coatings - Add the following subsection:
(d) Polymeric Coatings - If polymeric coating is shown on the pipe data sheet, use a coating from
section 02420.20 of the QPL.
SECTION 02510 - REINFORCEMENT
Comply with Section 02510 of the Standard Specifications supplemented and/or modified as
follows:
02510.20 Mechanical Splices - In the first sentence of the first bullet, remove the words "in
compression and".
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Page 55
SECTION 02630 - BASE AGGREGATE
Comply with Section 02630 of the Standard Specifications supplemented and/or modified as
follows:
02630.10{b) Fracture of Rounded Rock - In the first sentence, replace 'WAQTC TM1" with
"AASHTO TP 61".
02630.10{c) Durability - Under the "Requirements" column next to "Sediment Height" replace
"(3")" with "(3.0")".
*******
Special Provisions, Ashland Ice Rink, Final, 9-23-08
Council Communication
CITY OF
ASHLAND
Resolution to Adopt an Identity Theft (Red Flag) Prevention Program
Meeting Date: October 21, 2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: Consent
Question:
Does Council wish to adopt the proposed program to protect its customers from identity theft?
Staff Recommendation:
Staff recommends Council pass the resolution adopting the attached program.
Background:
Identity theft has become a common occurrence in America with potentially devastating impacts on
those victimized. The Federal and State governments have taken steps to implement consistent
enforcement practices to reduce the exposure for citizens. The attached resolution formally
implements a program for the sake of the citizenry and keeps the City of Ashland compliant with state
and federal requirements.
Section 114 of the Fair and Accurate Credit Transactions Act of 2003 requires adoption of this
program by November 1,2008.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this program as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to adopt this program and directs staff to begin implementation by November 1, 2008.
Attachments:
Resolution Adopting the Identity Theft Prevention Program
Page 1
~A'
RESOLUTION NO.
A RESOLUTION TO ADOPT AN IDENTITY THEFT (RED FLAG)
PREVENTION PROGRAM
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1.
That the City Council recognizes the importance of protecting its customers from
attempts to steal important personal information and to have an internal program that
actively looks for such activity.
SECTION 2.
That the City of Ashland maintains customer accounts for utility billing and other
purposes that meet the definition of "account systems" per Section 114 of the Fair and
Accurate Credit Transactions Act of 2003.
SECTION 3.
That by adopting the attached program the City of Ashland is compliant with Federal
and State guidelines to ensure confidentiality of the personal information held by the
City for customers who maintain accounts for doing busi'less with the City.
SECTION 4.
This resolution was duly PASSED and ADOPTED this , day of
, 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
Reviewed as to form:
John W. Morrison, Mayor
Richard Appicello, City Attorney
Page 1 of 1
City of Ashland
Identity Theft Prevention Program
Effective beginning November 1 , 2008
Proaram Adoption
The City of Ashland developed this Identity Theft Prevention Program pursuant to
the Federal Trade Commission's Red Flags Rule, which implements Section 114
of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. 9 681.2.
This program was developed with oversight and approval of the City Council.
After consideration of the size and complexity of the city's operations and
account systems, and the nature and scope of the city's activities, the City
Council determined that this Program was appropriate for the City of Ashland,
and therefore approved this program on October 21, 2008.
Summary
Creation and implementation of this Identity Theft Prevention Program for the
City of Ashland helps to identity, detect, mitigate, and update Red Flags that
signal the possibility of identity theft in connection with the opening of a covered
account or any existing covered account.
Red Flags Rule definitions used in this Program
The Red Flag Rule defines "Identity Theft" as "fraud committed or attempted
using the identifying information of another person without authority" and a "Red
Flag" as "a pattern, practice, or specific activity that indicates the possible
existence of Identity Theft".
According to the Rule, a municipality operating a utility is a creditor subject to the
Rule requirements. The Rule defines creditors "to include finance companies,
automobile dealers, mortgage brokers, utility companies, and
telecommunications companies. Where non-profit and government entities defer
payment for goods or services, they, too, are to be considered creditors".
All Utility accounts (including assessments and other receivables) that are
individual service accounts held by customers of the city whether residential,
commercial or industrial are covered by the Rule.
1. For the purposes of this Policy, the term "Covered Account" means an
account that the city offers or maintains, primarily for personal, family or
household purposes, that involves or is designed to permit multiple
payments or transactions and
2. Any other account the City of Ashland offers or maintains for which there is
a reasonably foreseeable risk to customers or the safety and soundness of
the City of Ashland from identity theft, including financial, operational,
compliance, reputation, or litigation risks.
"Identifying information" is defined under the Rule as "any name or number
that may be used, alone or in conjunction with any other information, to identify a
specific person," including: name, address, telephone number, social security
number, date of birth, government issued driver's license or identification
number, alien registration number, government passport number, employer or
taxpayer identification number, unique electronic identification number,
computer's Internet Protocol address, or routing code.
Identification of Red Flaas
In order to identify relevant Red Flags, the city considers the types of accounts
that it offers and maintains, the methods it provides to open its accounts, the
methods it provides to access its accounts, and its previous experiences with
Identity Theft. The city identifies the following red flags, in each of the listed
categories:
Suspicious Documents
1. Identification document or card that appears to be forged, altered or
inauthentic;
2. Identification document or card on which a person's photograph or
physical description is not consistent with the person presenting the
document.
Suspicious Personal Identifying Information
1. Identifying information presented that is inconsistent with other information
the customer provides (example: inconsistent birth dates);
2. Social Security number presented that is the same as one given by
another customer;
3. A person fails to provide complete personal indentifying information on an
application when reminded to do so (however, by law social security
numbers must not be required); and
4. A person's identifying information is not consistent with the information
that is on file for the customer.
Suspicious Account Activity or Unusual Use of Account
1. Change of address for an account followed by a request to change the
account holder's name;
2. Payments stop on an otherwise consistently up-to-date account;
3. Account used in a way that is not consistent with prior use (example: very
high activity);
4. Mail sent to the account holder is repeatedly returned as undeliverable;
5. Notice to the city that a customer is not receiving mail sent by the Utility;
6. Notice to the city that an account has unauthorized activity;
7. Breach in the city's computer system security; and
8. Unauthorized access to or use of customer account information.
Alerts from Others
Notice to the city from a customer, identity theft victim, law enforcement or other
person that it has opened or is maintaining a fraudulent account for a person
engaged in Identity Theft.
Detectina Red Flaas
New Accounts
I n order to detect any of the Red Flags identified above associated with the
opening of a new account, city personnel wiH take the following steps to obtain
and verify the identity of the person opening the account:
1. Require certain identifying information such as name, date of birth,
residential or business address, principal place of business for an entity,
driver's license or other identification;
2. Verify the customer's identity (for instance, review a driver's license or
other identification card);
3. Identification number, which shall be
(i) For a U.S. person, a taxpayer identification number (social security
number), or
(ii) For a non U.S. person, one or more of the following: a taxpayer
identification number (social security number); passport number and
country of issuance; alien identification card number; or number and
country of issuance of any other government-issued document
evidencing nationality or residence and bearing a photograph or similar
safeguard.
4. Review documentation showing the existence of a business entity; and
5. Independently contact the customer.
Existing Accounts
In order to detect any of the Red Flags identified above for an existing account,
city personnel will take the following steps to monitor transactions with an
account:
1. Verify the identification of customers if they request information (in person,
via telephone, via facsimile, via email);
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment
purposes.
Preventina and Mitiaatina Identitv Theft
In the event city personnel detect any identified Red Flags, such personnel shall
take one or more of the following steps, depending on the degree of risk posed
by the Red Flag:
1. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Change any passwords or other security devices that permit access to
accounts;
4. Not open a new account;
5. Close an existing account;
6. Reopen an account with a new number;
7. Notify the Program Administrator for determination of the appropriate
step(s) to take:
8. Notify law enforcement; or
9. Determine that no response is warranted under the particular
circumstances.
Protect customer identifvina information
In order to further prevent the likelihood of Identity Theft occurring with respect to
Utility accounts, the Utility will take the following steps with respect to its internal
operating procedures to protect customer identifying information:
1. Ensure that its website is secure or provide clear notice that the website is
not secure;
2. Ensure complete and secure destruction of paper documents and computer
files containing customer information;
3. Keep offices clear of papers containing customer information;
4. Ensure computer virus protection is up to date;
5. Information Technology Department (IT) is responsible to establish technical
controls to safeguard personal information stored in electronic format and to
document safeguard practices in writing; and
6. Require and keep only the kinds of customer information that are necessary
for utility purposes.
Proaram Updates
The Program Administrator will periodically review and update this Program to
reflect changes in risks to customers and the soundness of the city from Identity
Theft. In doing so, the Program Administrator will consider the city's experiences
with Identity Theft situations, changes in Identity Theft methods, changes in
Identity Theft detection and prevention methods, and changes in the city's
business arrangements with other entities. After considering these factors, the
Program Administrator will determine whether changes to the Program, including
the listing of Red Flags, are warranted. If warranted, the Program Administrator
will update the Program or present the City Council with his or her recommended
changes and the City Council will make a determination of whether to accept,
modify or reject those changes to the Program.
Proaram Administration
A. Oversight
Responsibility for developing, implementing and updating this Program lies with
an Identity Theft Committee for the city. The Committee is headed by a Program
Administrator who is appointed by the City Administrator. Two or more other
individuals appointed by the City Administrator or the Program Administrator
comprise the remainder of the committee membership. The Program
Administrator will be responsible for the Program administration, for ensuring
appropriate training of city staff on the Program, for reviewing any staff reports
regarding the detection of Red Flags and the steps for preventing and mitigating
Identity Theft, determining which steps of prevention and mitigation should be
taken in particular circumstances and considering periodic changes to the
Program.
B. Staff Training and Reports
City staff responsible for implementing the Program shall be trained either by or
under the direction of the Program Administrator in the detection of Red Flags,
and the responsive steps to be taken when a Red Flag is detected.
c. Non-disclosure of Specific Practices
For the effectiveness of this Identity Theft Prevention Program, knowledge
about specific Red Flag identification, detection, mitigation and prevention
practices must be limited to the Identity Theft Committee who developed this
Program and to those employees with a need to implement this program that list
or describe such specific practices and the information those documents contain
are considered "security information" and are unavailable to the public because
disclosure of them would be likely to substantially jeopardize the security of
information against improper use, that use being to circumvent the city's Identity
Theft prevention efforts in order to facilitate the commission of Identity Theft.
~._-".,....,.._-_.,-. ..........,--'~.__._".._.-.._.,-,._...__._._.- --, '-_.'--'---~ ..------_._.._..~~------
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Taxicab Certificate: AMC 6.28
October 21, 2008 Primary Staff Contact:
City Recorder's Office E-Mail:
Legal Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb@ashland.or.us
Megan Thornton
5 minutes
Question:
Should the City Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and
Repealing Chapter 6.28,"
Staff Recommendation:
Staff recommends Council approval of the Second Reading by title only.
Background:
The City Recorder's Office requested that the legal department evaluate AMC 6.28, which regulates
taxicabs, to determine whether revisions were necessary. After the legal department reviewed AMC
6.28 and discussed a number of issues with the City Recorder's Office it was determined that the
ordinance should be revised to provide clarity and ease of use for taxicab companies that rely on this
code section. In many instances the only changes that were made to individual sections were the
section numbers. However, the following changes were made to make the code section more user-
friendly:
· Definitions were added and revised,
· Code Sections were reordered moving the taxicab certificate and issuance section to the
beginning, surrender of the certificate to the end, and reordering the other provisions to place
them in a more intuitive order,
· Exemptions were added to make it clear when AMC 6.28 will not apply, and
· Resolution numbers and fee amounts were removed to avoid the need to amend the code in the
future.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve Second Reading
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading
Attachments:
Proposed ordinance
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO TAXICABS, PROVIDING FOR CERTIFICATION OF
TAXICAB COMPANIES AND DRIVERS, AND REPEALING CHAPTER 6.28
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . 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 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 taxicab chapter required revision of its definitions to provide clarity; and
WHEREAS, it has become necessary to make it clear what activities are exempt from
the taxicab permitting process; and
WHEREAS, the process of issuing taxicab company certificates and taxicab driver
permits needed to be updated and clarified;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Sections 6.28.010 [Purpose] through 6.28.170 [Violation - Penalty] are
hereby added to read as follows:
6.28.010 Purpose.
It is the purpose of this ordinance to reauire that those persons operatina
taxicabs do so in a safe. fair and efficient manner. The taxicab industry
constitutes an essential part of the City's transportation system. and
transportation so fundamentally affects the well-beina of the City's citizens that
some reaulation is necessary to ensure that the public safety is protected. the
public need provided for. and the public convenience promoted. The provisions
contained herein should be applied and enforced in such a manner as to reauire
the taxicab industry to reaulate itself. under City supervision. to promote
Taxi Ordinance
Page 1 of9
innovation and adaption to chanaina needs. and respond to economics of the
market place. so lona as the public interest is served thereby.
6.28.020 Definitions.
A. Certificate. A current certificate issued under this chapter to operate a
Taxicab company.
B. Commission. The City of Ashland Transportation Commission.
C. City Recorder. The City of Ashland City Recorder or his/her desianee
authorized to perform the duties of this Chapter by the City Recorder.
D. Driver. Any person duly authorized by the City as a taxicab driver under the
terms of this chapter that operates taxicabs as a driver for any permitted
taxicab company. reaardless of whether the vehicles operated are owned
by the company. leased. or owned by individual members of the company.
E. Operate. To drive a taxicab. to use a taxicab in the conduct of business. to
receive money from the use of a taxicab. or cause or allow another person
to do the same.
F. Person. Any individual. partnership. trust. estate. corporation. or other
form of business oraanization recoanized by Oreaon law.
G. Police Chief. The person holdina the position of Chief of Police of the
Ashland police department. or any aaent. employee. or desianee
authorized to perform the duties of this chapter by the Police Chief.
H. Taxicab. Any motor vehicle which carries passenaers for hire when the
iourney oriainates in the City and where the destination and route may be
controlled by a passenaer and the fare is calculated on the basis of any
combination of an initial fee. distance traveled. waitina time. or a flat fee.
Any vehicle which has an appearance deceptively similar to a taxicab is a
taxicab for the purposes of this chapter.
I. Taxicab company. Any Person that operates taxicabs that either has its
primary place of business within the city limits. or reaularly conducts
business within the city limits. that is authorized by the City as a Taxicab
company under this chapter.
J. Taxicab driver permit. A permit issued to a driver that demonstrates the
driver is an authorized taxicab driver under this chapter.
Taxi Ordinance
Page 2 of9
---------.-~~--
K. Translink Provider. A business or companv that has been approved as a
provider of transportation services bv the federal aovernment bv meetina
federal standards and receipt of a certificate evidencina such compliance.
L. Taximeter. A mechanical or electronic device which calculates and
displavs a fare based on an initial fee. distance traveled. waitina time. or
anv combination thereof.
6.28.030 Taxicab Companv Certificate Reauired - Exemptions
A. No Person shall operate anv taxicab in the Citv of Ashland without
possessina. in addition to anv license reauired bv anv other law. a valid
Taxicab Companv Certificate issued pursuant to this chapter. A certificate
mav not be sold. assianed. mortaaaed or otherwise transferred.
B. Exemptions to Certificate Reauirement.
1) Public Transportation provided and funded in whole or in part bv
public oraanizations shall be exempt from the permit reauirements of
this chapter.
2) Courtesv shuttles provided bv hotels. motels. and companies
providina recreational activities as a convenience for reaistered
auests and pavina customers onlv. where no additional charaes
applv.
3) Special Vehicles and Tour Buses as defined in AMC 6.30.
4) Certified Translink Providers that show proof of such certification to
the Citv.
6.28.040 Taxicab Companv Certificate Applications - Issuance
A. Application. An application for a Taxicab Companv Certificate shall be
submitted to the Citv Recorder. and the application must be sianed under
penaltv of periurv. The application documents must contain the followina:
i) The name. business address and residence address of the applicant.
2) The make. tvpe. vear of manufacture. VIN number. and Seatina
Capacitv of each vehicle that will be operated as a taxicab under the
Taxicab companv certificate.
3) A description of the proposed color scheme. insiania. trademark. or
anv other distinauished characteristics of the proposed vehicle
desian.
4) A list from the applicant of anv violation. misdemeanor. or felonv
convictions. the nature of the offense. and the punishment or penaltv
assessed for the owner(s} and/or anv officers of the Taxicab
companv.
5) Proof of insurance in the manner and form reauired bv this chapter
from a responsible. solvent insurance carrier authorized to issue
public liabilitv and propertv damaae insurance in the State of
Oreaon.
Taxi Ordinance
Page 3 of9
6) A receipt issued by the City showina payment of the non-refundable
application fee. The fee is to be set by resolution of the city council.
7) Before any Taxicab company application is acted upon by the City
Recorder. the police chief is to make an investiaation within 60 days
from the date the application is filed. Upon completion of such
investiaation the police chief is to report his findinas. in writina. to
the City Recorder.
B. Issuance of Certificate. The City Recorder will issue a certificate to operate
a taxicab upon findina that the applicant has met the reQuirements of this
chapter.
6.28.060 Annual Taxicab Company Certificate Renewal. Taxicab company
certificates shall be renewed upon submission of the annual certificate fee. as
established by resolution of the city council. unless otherwise revoked under this
Chapter. The annual license fee is due and payable on July 1st of each year.
6.28.070 Minimum Standards for Taxicab Companies. Any Taxicab company
operatina under a Certificate issued pursuant to this Chapter shall comply with
the followina minimum standards:
A. An office open and staffed for a minimum of 8 hours a day. 5 days a week.
B. A dispatch system in operation 24 hours each day capable of providina
reasonably prompt service in response to reQuests received by telephone.
C. Facilities and personnel sufficient to insure that every taxicab operated by
the Taxicab company complies with the reQuirements of this Chapter.
D. Insurance policies in force sufficient to meet the reQuirements of this
Chapter and to protect the company to the same limits of liability.
6.28.080 EQuipment
Every taxicab is to be eQuipped with the followina:
A. Except for taxicabs charaina flat rates. a taximeter in accurate operatina
condition with a liahted face which can be read at all times by the
customer.
B. Taxicabs charaina flat rates must be eQuipped with a sian complyina with
section 16.28.150 that states "Flat Rate" in a conspicuous location inside
the taxicab.
C. A top liaht identifyina it as a taxicab.
D. The company name and telephone number where service can be reQuested
displayed on the exterior of the taxicab.
E. A cell phone or "state of the art" taxi radio on a clear coordinated taxicab
radio freQuency for customer comfort and rapid dispatchina of calls for
service. .
F. A current COpy of the Taxicab company certificate with the approved
vehicle's Vehicle Identification Number (VIN).
G. A notice providina information necessary to file a complaint as reQuired by
section 6.28.160.
Taxi Ordinance
Page 4 of9
H. All safety eQuipment reQuired bv federal law. state law. or this Chapter.
includina. but not limited to. a seat belt or other restrainina device for every
passenaer.
6.28.090 Inspection and Maintenance of Taxicabs
A. Prior to the operation of any vehicle under the provisions of this chapter.
and annuallv thereafter. each taxicab shall be thorouahlv examined and
inspected bv either a Certified Mechanic or a aovernmental entity located
within Jackson County and shall be found to be in safe operatina
condition. For the purpose of this section the term "Certified Mechanic"
means a person certified bv the National Institute for Automotive Service
Excellence. or its eQuivalent.
B. Everv taxicab must have proof of its annual inspection in the vehicle.
Proof of the inspection shall be submitted to the City Recorder on an
annual basis.
C. A Taxicab company operatina taxicabs in violation of these reQuirements
shall be reason for revocation of the Taxicab company certificate under
AMC 6.28.130.
6.28.100 Insurance and Indemnification
A. No person shall operate any vehicle as a taxicab unless that vehicle is
covered bv commercialliabilitv insurance providina coveraae of not less
than $500.000 per occurrence in combined sinale limit for bodilv iniurv and
property damaae claims. or $500.000 per occurrence for bodilv iniurv and
J100.000 per occurrence for property damaae. Liabilitv coveraae shall be
provided on an "occurrence" not "claims" basis. A certificate of insurance
coveraae. evidencina insurance coveraae in compliance with this Section.
shall be filed with the City Recorder. The City of Ashland. its officers.
emplovees. and aaents shall be named as additional insureds.
1) The limits of insurance coveraae reQuired under this Section shall be
subiect to any statutory chanaes reaardina the minimum limits of
liabilitv reQuired for taxicab companies.
2) Insurance policies for all vehicles operatina as taxicabs shall contain
a provision that the policv will not be reduced in coveraae or
canceled without 30 days prior wri"tten notice to the City Recorder.
3) Failure to maintain adeQuate insurance as reQuired under this
Section shall be cause for immediate suspension or revocation of a
Taxicab Company Certificate.
B. All Taxicab companies and drivers that receive a Certificate or a permit.
shall. to the extent permitted bv law. aaree to defend. indemnify and hold
harmless the City. its officers and emplovees. from and aaainst any and all
damaaes. losses and expenses. includina reasonable attorney's fees and
costs of suit or defense. arisina out of. resultina from or alleaed to arise
out of or result from any claims for damaaes to property. or iniurv to
Taxi Ordinance
Page 5 of9
persons. which may occur in connection with the operation of a taxicab
company or a taxicab under the terms of the Certificate or permit.
6.28.110 Approval of Drivers
It is unlawful for any person to operate a taxicab in the City of Ashland without a
Taxicab Driver Permit issued by the Police Department in accordance with the
terms of this chapter.
A. Application for a Taxicab driver permit is to be made to the Police Chief. on
a form provided by the city. accompanied by the fee established by
resolution of the city council. The applicant must attach a certified COpy of
the applicant's department of motor vehicle records. a COpy of the
applicant's driver's license. and two passport size photos of the applicant.
B. When the Police Chief receives the application he shall make such
investiaation of the applicant's backaround as necessary to verify that
each taxicab driver issued a permit:
1) Is 21 years of aae or more.
2) Has not have been convicted of any crimes involvina moral turpitude
or dishonesty.
3) Possesses a valid Oreaon driver's license.
4) Has not had his or her driver's license revoked by any state within
the last five years. and
5) Did not make any false statements in the application.
C. If the 'Police Chief determines that the applicant meets the reauirements of
this section. the Police Chief may issue the permit. The permit expires one
year from the date of issuance and may be renewed from year to year by
filinaa renewal application with the police department. The fee for a
renewal permit shall be set by resolution of the city council. Failure to
renew a license before expiration of the current taxicab driver permit shall
result in late fees.
D. Denial of permit. No taxicab driver's permit shall be issued or renewed to
any person if the city determines. after a review of a person's traffic.
criminal record. and any other information the city deems pertinent. that
the public health. welfare. and safety would not be served by the issuance
or renewal of a permit to that person. If the application is denied. the
. applicant may. within seven days of notification of the denial by the city.
appeal the matter in writina to the City Recorder and proceed throuah the
administrative appeals process in AMC 2.30.
6.28.120 Operatina Reaulations of Taxicab Companies and Drivers
A. Taxicab Companies. A Taxicab Company shall not:
1) Allow any taxicab to be driven that has not been inspected and
properly permitted. or
Taxi Ordinance
Page 6 of9
2) Allow persons to operate taxicabs that do not have a valid Taxicab
driver permit issued pursuant to this chapter.
B. Taxicab Drivers. A taxicab driver shall not:
1) Transport a passenaer to his destination by any other than the most
direct and safe route. unless reQuested to do so by the passenaer.
2) Fail to aive a correct receipt upon payment of the correct fare if
reQuested to do so by the passenaer.
3} Permit additional persons to OCCUpy or ride in the taxicab without
consent of the oriainal passenaer.
4} Refuse to transport to his reQuested destination any passenaer of
proper demeanor who reQuests services or is assianed by a taxicab
service company when the taxicab is not already in service. and who
is able to demonstrate the ability and willinaness to pay the fare.
5} Charae a fare hiaher than the posted rates. or try to defraud a
passenaer in any way by manipulatina devices to cause a
reaistration to be made of a areater distance or more time.
6.28.130 Cancellation. Suspension. Revocation. or Appeal of Certificate or Permit
A. Any certificate or permit may be suspended or revoked by the City
Recorder if the city finds after a reasonable investiaation verifvina that any
one or more of the followina conditions exist:
1) The Taxicab company ceases to operate any taxicab for a period of
15 consecutive days without obtainina permission for the cessation
of such operation from the city.
2} The Taxicab company and/or driver fails to operate the taxicab in
accordance with the provisions of this chapter.
3) The Taxicab company and/or driver fails to pay any of the fees or
payments reQuired to be paid by the provisions of this chapter.
4) The suspension or revocation is necessary to protect the public
health. safety. and welfare aenerally. or the safety of the taxicab-
ridina public in particular.
5} The revocation or suspension is otherwise authorized by ordinances
of the city.
B. Any suspension or revocation pursuant to this section shall be in writina.
settina forth the reasons therefore and the riaht of appeal pursuant to AMC
2.30.
C. Except as provided below. any suspension or revocation shall be effective
10 days after mailina a COpy thereof by first class United States mail
addressed to the taxicab company and/or taxicab driver at the business or
residence address shown on the permit application or renewal.
D. Notwithstandina subsection eCl of this section. a suspension or revocation
may be made effective immediately if the city finds reasonable arounds to
believe that:
1} A person holdina a taxicab driver's permit is not covered by liability
insurance as reQuired by this chapter.
Taxi Ordinance
Page 7 of9
2) A vehicle beina operated as a taxicab is not covered by liability
insurance reauired by this chapter. or
3) Continued operation by the taxicab company or taxicab driver would
cause. or is likely to cause. imminent danaer to the public health.
safety. or welfare.
6.28.140 Surrender of Certificate or Permit
Any certificates or permits suspended or revoked by the City shall be
surrendered to the City Recorder and the operations of any taxicabs covered by
such certificates shall cease. Any Taxicab company that permanently retires any
taxicab from taxicab service and does not replace it within 15 days shall
immediately surrender any certificate aranted for the operation of such taxicab to
the City Recorder and the Taxicab company may not secure an additional
Certificate for the operation of another taxicab without makina application
therefor in the manner provided in this chapter.
6.28.150 Rates
A flat fare remains constant reaardless of the distance traveled or the time
involved. Except for a taxicab charaina a flat rate. the rates to be charaed to
passenaers are to be based on the factors of mileaae from the point of oriain to
the point of destination by the most direct route. the time involved. and the
number of passenaers. No taxicab may charae any fees or rates other than those
that are posted.
6.28.160 Complaints
A. Every taxicab shall have posted in a prominent place within the passenaer
compartment a notice entitled "Complaints" settina forth the address and
telephone number of the Taxicab company to which complaints should be
directed and a notice that a record of all complaints shall be open to
inspection and review by the City at any time on its reauest.
B. Taxicab companies shall maintain a record of all complaints received either
in writina or by telephone.
6.28.170 Violation - Penalty
Any Person that violates any provision of this Chapter throuah its operation of a
taxicab service from points oriainatina within the City of Ashland shall be
deemed auilty of a separate violation on each and every day or portion thereof
durina which the violation is committed. continued or permitted. and upon
conviction of any such violation. the Person shall be punished as prescribed in
AMC 1.08.020.
Taxi Ordinance
Page 8 of9
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.28 [Taxicab Certification] is
hereby repealed in its entirety. Any municipal code provisions in conflict with the
provisions contained herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savinas. 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 ordinance(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", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Taxi Ordinance
Page 9 of9
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Special Vehicle & Tour Bus Permits: AMC 6.30
October 21, 2008 Primary Staff Contact: Megan Thornton
City Attorney's Office E-Mail: thorntm@ashland.or.us
Public Works Secondary Contact: Jim Olson
Martha Bennet Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance Relating to Tour Bus and Special Vehicle Permits."
Staff Recommendation:
Staff recommends Council approval of the Second Reading by title only.
Background:
The City Recorder's Office requested that the legal department evaluate AMC 6.28, which regulates
taxicabs, to determine whether revisions were necessary. When the legal department reviewed AMC
6.28 it found that the code that regulates special vehicles was codified as AMC 6.28.035; therefore,
these regulations were imbedded within the taxicab chapter. This ordinance places the special vehicle
and tour bus regulations in AMC Chapter 6.30. The text is virtually the same as the text in 6.28.035
except for the following changes:
· The sections were renumbered,
· Definitions were added, and
· "city engineer" was changed to Community Development Director in AMC 6.30.080.
In addition to those changes the Traffic Safety Commission recommended that Lithia Way be added to
AMC 6.30.040(B)(2), which allows special vehicle permits for non-motorized vehicles to be issued as
long as extensive travel is not required on Lithia Way. In addition, the Traffic Safety Commission also
suggested that the availability of bicycle helmets for drivers and passengers of pedicabs be added to the
approval criteria in AMC 6.30.050.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading
Attachments:
Proposed ordinance
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO TOUR BUS AND SPECIAL VEHICLE PERMITS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . 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 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 Firefiahters. Local 1660. Beaverton Shop
20 Or. App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland currently has a permitting process for tour buses
and special vehicles located in the taxicab chapter of the Ashland Municipal Code,
and
WHEREAS, the City would like to revise the special vehicle permitting process and
codify it as its own chapter in the Ashland Municipal Code.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 6.30.010 [Definitions] through 6.30.140 [Violation] are hereby
added to read as follows:
6.30.010 Definitions.
A. Commission. The City of Ashland transportation related commission.
B. Community Development Director. The City of Ashland Director of
Community Development or his desianee authorized to perform the
duties of this Chapter by the Community Development Director.
C. Director. The City of Ashland Director of Public Works or his desianee
authorized to perform the duties of this Chapter by the Director of
Public Works.
D. Driver. Any person that operates a special vehicle or tour bus as a
driver for any permitted special vehicle or tour bus. reaardless of
Page 1 of7
whether the vehicles operated are owned by the company. leased. or
owned by individual members of the company.
E. Flat rate. A fare which remains constant reaardless of the distance
traveled or the time involved.
F. Operate. To drive. use to conduct business. or receive money from the
use of a special vehicle or tour bus. or cause or allow another person to
do the same.
G. Permit. A numbered permit issued under this chapter to operate a
special vehicle or tour bus.
H. Special vehicle. A horse-drawn cart or carriaae. pedicab. licensed
motorized street car or other similar specialized vehicle used to
transport passenaers.
I. Street. Any street. alley. avenue. road. lane. hiahway or public place in
the City commonly used for the purpose of public travel.
J. Tour bus. A vehicle which is not subiect to reaulation by the State of
Oreaon Public Utility Commission. and which has a passenaer seatina
capacity which does not exceed 20. provided. however. a tour bus does
not include a vehicle operated for the exclusive use of senior citizens
or the disabled.
6.30.020 Permit Reauired.
No person shall operate any special vehicle or tour bus on any public street in
the City of Ashland without possessina. in addition to any license reauired by
any other law. a valid permit authorizina the proposed operation. A permit
shall be valid for a period of one year and may be renewed annually by the
Commission.
6.30.030 Application Reauired.
Any person reauestina a permit for a special vehicle or tour bus shall submit
a completed application containina such information as the City may reauire
to the Director.
6.30.040 Authority to Issue Permits.
A. The Director shall have the authority to review and approve or deny
reauests for tour bus and special vehicle permits. The Director may
attach special conditions to any permit and shall have the authority to
waive any of the criteria specified in AMC 6.30.050 for one-time only
special vehicle permits for special events. The Director. in his
discretion. may reauest a recommendation from transportation related
commissions reaardina whether the permit should be approved or
denied.
B. The Director shall have the authority to issue a special vehicle permit
for non-motorized vehicles:
1) When such vehicles will be used for weddinas or similar events
where the passenaers are not returned to the point of oriain:
Page 2 of7
2) When the route does not reauire extensive travel alona North or
East Main streets. Siskiyou Boulevard. Hiahway 66 (Ashland
Street). Hersey Street. or Lithia Way: and
3) If the route crosses any street noted in the above subsection.
such crossina will not cause substantial conflict with traffic on
those streets.
6.30.050 Criteria for approval.
The proposed operation shall:
A. Have a clearly defined route that will not create traffic conaestion or
adversely affect the character or privacy of a residential area.
B. Have proposed pick-up and delivery locations that will not create. or
materially contribute to. a parkina problem.
c. Have a vehicle speed that will not create traffic conaestion or safety
problems.
D. Utilize streets of sufficient width. includina vision clearance at
intersections. so that it will not materially contribute to traffic and
pedestrian safety problems.
E. Have a fixed route with passenaers picked UP only at a specified sinale
point of oriain and. except for Lithia Park. passenaers shall be
returned to that same point.
F. Each day. prior to the operation of any special vehicle or tour bus. the
special vehicle or tour bus shall be thorouahly inspected by the
operator and found to be in safe operatina condition. An inspection for
safe operatina conditions must include. but is not limited to.
inspection of: brakes includina parkina brake: allliahts. sianals and
reflectors: steerina system: mirrors: horn and other warnina devices:
tires: and the availability of helmets for drivers and passenaers of
pedicabs. For any condition found then or at any other time that will
prevent the safe operation of the special vehicle or tour bus. the
operator shall immediately remove the vehicle from service and
correct the condition before returnina it to service.
6.30.060 Renewal of Special Vehicle or Tour Bus Permit.
Special Vehicle and tour bus permits shall remain in effect upon submission
of an -annual insurance certificate documentina coveraae in compliance with
section 6.30.090 and payment of the annual permit fee. unless revoked under
this chapter. Failure to renew the special vehicle or tour bus license in a
timely fashion shall result in late fees.
6.30.070 Operations Prohibited.
Permittees in the operations described in this section shall not:
A. Respond to specific or individual calls for transportation from one
point to another in the manner of taxicabs or otherwise perform the
services of taxicabs as defined in Section 6.28.020. or
Page 3 of7
B. Have to comply with subsection A of this section if the operation
involves pedicabs.
c. Operate or allow the operation of any special vehicle or tour bus
unless the operator possesses a valid Oreaon driver's license.
6.30.080 Sians.
A. Any sian located on a vehicle must not exceed six SQuare feet in area
on anyone side of the vehicle. For purposes of this subsection. sian
means any insiania. identification. description. illustration. symbol.
loao. decal or printed or araphic information.
B. Upon completion and submission of a sian permit application to the
Community Development Director and upon payment to the city of a
fee to be established by resolution of the city council. the Community
Development Director will issue to the operator of any special vehicle a
special vehicle boardina zone sian permit and a special vehicle
boardina zone sian. The sian is to be affixed by the operator to such
post. liaht pole. or other location as may be specified in the permit. and
only durina hours the special vehicle is in operation. The sian is to be
in such standardized format as the Community Development Director
may specify: of approximately the same size as a standard city parkina-
hours sian: and desianed so as to aenerally resemble some type of
sian sanctioned in most current edition of the Manual of Uniform
Traffic Control Devices. The sian is to read "Horse Drawn
Carriaae/Pedicab/{as the case may be} Boards Here." The sian will
remain the property of the city and must be returned to the Community
Development Director upon expiration of the operator's permit issued
pursuant to this Chapter. The sian is deemed for purposes of AMC
18.96.030 to be an informational sian placed by the City of Ashland in
the public riaht of way.
6.30.090 Sound Amplification.
No form of sound amplification intended to be heard outside of the special
vehicle or tour bus shall be permitted.
6.30.100 Liability Insurance ReQuired.
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 liability insurance providina coveraae limits of at least
J500.000 per occurrence in combined sinale limit for bodily iniury and
property damaae claims. or $500.000 per occurrence for bodily iniury
~100.000 per occurrence for property damaae. Liability coveraae
shall be provided on an "occurrence" not "claims" basis. A certificate
of insurance coveraae. evidencina insurance coveraae 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 aaents shall be named as additional insureds.
Page 4 of7
B. The insurance policy shall contain a provision that states that the
policy will not be reduced in coveraae or canceled without 30 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.
6.30.110 Permit Fee.
Permit fees shall be set by resolution of the City Council. If the permit is
aranted. a reaular annual business license fee shall be obtained by the
permittee prior to operation of the special vehicle or tour bus. The business
license and its associate fee are in addition to the special vehicle permit and
fee. No portion of the business license fee shall be refundable in the event
the operation is discontinued for any reason.
6.30.120 Revocation.
A. Suspension and Revocation. Any permit issued under this chapter
may be revoked or suspended if the Director finds after a reasonable
investiaation that:
1) The provisions of this chapter or reaulations adopted hereunder
have been violated:
2) Any statement contained in the application for the permit or
license is false:
3) The suspension or revocation is necessary to protect the public
health. safety. and welfare aenerally: or
4) The revocation or suspension is otherwise authorized by
ordinances of the city.
B. Any suspension or revocation pursuant to this section shall be in
writina. settina forth the reasons therefore. and aivina five days written
notice prior to the revocation or suspension.
C. Except as provided below. any suspension or revocation shall be
effective 10 days after mailina a COpy therof by first class United State
mail addressed to the special vehicle or tour bus company at the
business or residence address shown on the permit application or
renewal.
D. Notwithstandina subsection C of this section. a suspension or
revocation may be effective immediately if the city finds reasonable
arounds to believe that:
1) A vehicle beina operated as a special vehicle or tour bus is not
covered by liability insurance reQuired by AMC 6.30.090. or
2) Continued operation by the special vehicle or tour bus company
would cause. or is likely to cause. imminent danaer to the public
health. safety. and/or welfare.
6.30.130 Appeals.
Page 5 of7
A. Grounds for Appeals. Appeals to a hearinas officer may be made by
any special vehicle or tour bus company whose:
1) Application for the reQuired permit or permit renewal has been
denied by the Director:
2) Special vehicle or tour bus company's permit has been approved
with terms or conditions they oppose:
3) Special vehicle or tour bus company's permit has been revoked
or suspended by the city: or
4) Permit has been suspended by the city so that the company no
lonaer has authority to operate any vehicle under its permit.
B. Procedure for Appeals. Any person wishina to appeal a decision of the
city under this ordinance shall follow the procedures set forth in AMC
2.30
6.30.140 Violation.
Each operation of a tour bus or special vehicle in violation of this section is a
separate violation. whether the prohibited operations occur within the same
day. different days. or relate to the same or different tour bus or special
vehicle. A violation of any provision of this chapter is a violation and shall be
punished as set forth in AMC 1.08.020.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 3. 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 ordinance(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 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le. Sections 2-4) 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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Page 6 of7
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
Richard Appicello, City Attorney
Page 7 of7
,2008.
John W. Morrison, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.: -
Approval:
Administrative Appeals Process: AMC 2.30
October 21, 2008 Primary Staff Contact: Megan Thornton
Legal E-Mail: thorntm@ashland.or.us
Legal Secondary Contact: Richard Appicello
Martha Benne Estimated Time: 5 minutes / Ordinance
Question:
Should the City Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance Relating to Establishment of a Uniform Administrative Appeals Process,"
Staff Recommendation:
Staff recommends Council approval of the Second Reading by title only.
Background:
During the legal department's review of AMC 6.28, which regulates taxicabs, it determined that there
was no appeals process for denial of taxicab certificates or special vehicle permits. Thus, there was no
way that an individual could get a taxicab company certificate or a special vehicle permit if their
original application was denied.
To remedy this problem an administrative appeals process was drafted that could be used for both
ordinances. The taxicab ordinance and special vehicle ordinance state when the administrative appeals
process is available and specifically reference AMC 2.30 to invoke use of the process. The benefit to
setting forth the administrative appeals process in a separate ordinance is that it can provide uniform
appeals for different types of permits without requiring the text of the entire appeals process to be
placed in each ordinance. This appeals process provides a denied applicant an opportunity for notice
and a hearing conducted by either the City Administrator or an outside hearings officer if the applicant
wishes to contest the denial. This ordinance specifies that this process can be utilized as an
administrative appeals process for other decisions if the appropriate AMC section is amended to
include a specific reference authorizing its use. If a citizen then wishes to further appeal the decision,
the appeal would go to the Jackson County Circuit Court.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve Second Reading
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading.
Attachments:
Proposed ordinance
ORDINANCE NO.
AN ORDINANCE RELATING TO ESTABLISHMENT OF A UNIFORM
ADMINISTRATIVE APPEALS PROCESS
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold . 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 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 Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland would like to adopt a simple administrative appeals
process that provides for uniform notice and an opportunity to be heard and which can
be referenced and used whenever such a process is necessary.
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Municipal Code to provide some
standardized procedures for administrative appeals and to direct such appeals to the
City Administrator or other designated officer.
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.
SECTION 2. Sections 2.30.010 [Definitions] through 2.30.020 [Appeals Process] are
hereby added to read as follows:
2.30.010 Definitions.
A. City Recorder. The person holdina the position of city recorder for the City
of Ashland.
B. Day. Unless otherwise specified "Days" means calendar days.
Administrative Appeals Ordinance
Page 1 of3
C. Department Head. The person holdina the position of department head for
any department of the City of Ashland. or any aaent. employee. or desianee
of the Department Head authorized to perform the duties of the Department
Head by express written deleaation of the Department Head.
D. Director. The person holdina the position of director for any department of
the City of Ashland. or any aaent. employee. or desianee authorized to
perform the duties of the director by express deleaation of the director.
E. Hearina Officer. The City Administrator or an outside party not affiliated
with the City of Ashland that is hired or selected by the City Administrator
or City Attorney to conduct an appeals proceedina.
2.30.020 Administrative Appeals Process.
Any person aaarieved by the decision of a Department Head or Director may
appeal such action to a Hearina Officer throuah the followina procedures if the
Ashland Municipal Code chapter arantina the City Department Head or Director
authority to make the decision expressly authorizes use of this appeals process.
Land use decisions subiect to AMC Chapter 18 shall not be subiect to the appeals
process in this Chapter. Appeals processes are as follows:
A. A person appealina the Department Head's or Director's action shall. within
10 Days of such action and notice. file a written notice of appeal with the
City Recorder. The written notice shall include the name and address of
the appellant. the nature of the decision beina appealed. the reason(s) the
oriainal decision is alleaed to be incorrect. and the result the appellant
desires on appeal.
B. The City Recorder shall fix the time for the appeal to be heard by the
Hearina Officer. place the hearina of the appeal upon the calendar of the
Hearina Officer. and notify the appellant of the time fixed no less than ten
days prior to that time. unless the appellant aarees to a shorter'time.
C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal.
Appeal Fees shall be set by Resolution of the Ashland City Council.
D. The appellant shall be entitled to appear personally and by counsel and to
present such facts and arauments as may tend to support his or her
appeal.
E. The Hearina Officer shall take such action upon the appeal as he or she
sees fit. The Hearina Officer's decision shall be the final decision of the
City. and it shall be issued in writina.
F. The action of the Department Head or Director shall be stayed pendina the
outcome of an appeal properly filed pursuant to this section.
G. Failure to strictly comply with the applicable appeal reQuirements.
includina but not limited to the reQuired elements for the written notice of
appeal. time for filina. and payment of the applicable appeal fee. shall
constitute iurisdictional defects resultina in the summary dismissal of the
appeal.
Administrative Appeals Ordinance
Page 2 of3
H. If the appellant loses on appeal. the appellant will be held financially
responsible for the cost to the City of Ashland for the appeal. includina but
not limited to the cost of hirina an independent Hearina Officer.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3 and 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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Administrative Appeals Ordinance
Page 3 of3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Depts.:
Approval:
Public Hearing on two Ordinances Amending the Annexation Chapter (18.106)
and Procedures Chapter (18.108) of the Ashland Land Use Code Concerning
Affordable Housing Standards
October 21, 2008 Primary Staff Contact:
Community Development E-Mail:
Legal Departme t Secondary Contact:
Martha B Estimated Time:
Brandon Goldman
goldmanb@ashland.or.us
Bill Molnar
45 minutes
Questions:
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning Affordable
Housing Standards for Annexation," and move the ordinance on to Second Reading?
and
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance Type III Procedures Chapter (AMC 18.108.060) Concerning General
Standards for Affordable Housing in Zone Changes," and move the ordinance on to Second Reading?
Recommendations:
The Planning and Housing Commissions unanimously support approval of the proposed Ordinance
amendments as proposed. Staff recommends approval of the amendments to the Ordinances as
proposed.
Background:
Revisions to the existing ordinances have been proposed to ensure the provision of affordable housing
is both timely and equitable. The issues addressed in the proposed amendments include:
. Percentage of affordability
. Land Dedication
. Construction Timing
. Distribution of Affordable Housing
. Construction Standards
It is important to note that the purpose behind amending the annexation ordinance, and the procedures
relating to Zone Changes, at this time has been limited to addressing those provisions specifically
relating to affordable housing to better reflect policy objectives for affordable and workforce housing.
Through implementation of these proposed affordable housing provisions the City can exercise a
means of ensuring residential property newly brought into the City Limits through annexation, or
receiving an increase in residential density through a Zone Change, provide for the needed housing
types at price ranges and rent levels that are commensurate with the financial capabilities of Ashland
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CITY OF
ASHLAND
residents. A detailed summary of each of the proposed changes is provided as an attachment to this
Communication.
The State of Oregon presently has a prohibition on "inclusionary zoning" which prohibits a city,
county or metropolitan service district from imposing requirements that establish sales prices for
housing or limits availability of housing unit or residential lot or parcel to class or group of purchasers.
However, establishing affordability targets for applicants exercising the voluntary act of requesting an
annexation or a zone change is not the same as imposing such requirements on land developed
according to its present zone. Receiving a zone change or annexation approval that allows for
considerably more residential density than would be permitted at the present zone, or county
designation, imparts considerable value to a property. In consideration of this substantial increase in
residential density granted as part of the annexation or zone change process Ashland has previously
implemented such affordability targets as minimum standards for approval. The ordinance
amendments currently proposed aim to refine those existing standards to clarify expectations for
developers and the City in reviewing Planning Applications.
The amendments in the proposed ordinance further refine the requirements in keeping with the primary
goal to provide a variety of dwelling types housing opportunities are available for the total cross-
section of Ashland's population.
Public Involvement History
Planning Commission Review
The Planning Commission reviewed the draft ordinance at a study session on August 12,2008 and
discussed specific provisions they would like to see included or eliminated from the final draft.
These items included:
· Removed the originally proposed section on Cash-in Lieu fees
· Ensure affordable units are provided in a proportionate housing type mix to the market rate
units.
· Ensure affordable housing units are developed with comparable building materials and
amenities to the market rate units.
· Removed "rental units" targeted to households earning 80% the Area Median Income
(AMI) from qualifying as affordable per the equivalency value section of the proposed
ordinance (18106.030 G 1)
The draft ordinance currently presented to Council for First Reading includes addresses the items listed
above with language reviewed and recommended by the Planning and Housing Commissions.
The Planning Commission previously reviewed drafts of the ordinance throughout its development
beginning with initial discussions in 2006, with further reviews at public meetings on 3/27/ 2007,
6/24/2008 and concluded their review on 8/12/08.
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CI,TY OF
ASHLAND
Housing Commission Review
The Housing Commission reviewed the draft ordinance on July 24th, 2008, following a previous public
meeting on February, 28th 2008 on the topic. The Housing Commission began the process of
reviewing the existing ordinance and identifying areas to be amended as early as April 24, 2006.
The Housing Commission expressed that the newly proposed approval standard requiring a
commensurate mix of housing types was a positive modification to the proposed ordinance. In
discussing the provision regarding comparable building materials the Housing Commission expressed
that the exterior of the affordable units should use the same finishes and quality of materials as is
provided on the market rate units. However, in discussing the interior surfaces, floors, counters,
appliances, it was expressed that provided that such materials afford comparable utility, they need not
be the same as those installed within market rate units. Therefore the proposed ordinance under
section 18.106.030G6a-b addresses this distinction.
The Housing Commission was favorable to the elimination of the Cash-in-Lieu provisions originally
considered, which have been removed in their entirety from the proposed ordinance. The Housing
Commission expressed that in the event the City ever establishes a Cash-in-Lieu program in the future,
the annexation ordinance could be amended at that time to incorporate such a section.
In discussing the proposed approval standard establishing an "equivalency value" for affordable
housing units (18.1 06.030G 1) the Housing Commission, like the Planning Commission, was
supportive of this means of providing greater flexibility in the mix of income levels targeted by a
development. The Housing Commission had recommended that rental units meeting the affordability
standard for the purposes of this ordinance be limited to households earning 60%AMI. This was
consistent with the Planning Commission recommendations and as such the Ordinance presented to
Council for consideration reflects this change.
Related City Policies and Ordinances:
Goal 10 of Oregon's Statewide Planning Goals & Guidelines (OAR 660-015-0000(10))
Under Goal 10 jurisdictions are charged to encourage the availability of adequate numbers of needed
housing units at price ranges and rent levels which are commensurate with the financial capabilities of
Oregon households and allow for flexibility of housing location, type and density.
City of Ashland Comprehensive Plan's Housing Element
The Housing Element establishes the goal of ensuring that "a variety of dwelling types housing
opportunities are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearance of the City."
City of Ashland Housing Needs Analysis
The need for a variety of housing types that are financially attainable by various income levels is
further substantiated in the Housing Needs Analysis completed in 2002. Specifically this analysis
provided an estimate of housing affordability and dwelling unit gap (Table B12) which indicated that
for virtually all income levels for households earning less than 120% the Area Median there was at that
time a deficit of housing units that were affordable. Given market conditions since 2002, where
housing prices have increased considerably and yet incomes have remained relatively flat, this unit gap
deficit has been further exacerbated.
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CITY OF
ASHLAND
Annexation Ordinance (ALUO 18.106) as adopted and modified in 1997 and 2002
With the adoption of modifications to the Annexation Ordinance in 1997 (Ordinance 2792) the City of
Ashland established that in order to protect the health, safety and welfare of existing and future
residents of Ashland who are adversely impacted by the lack of housing available to all income types,
that it was necessary to establish approval standards for annexations that included a percentage of
affordable housing be provided in new developments annexed into the City. This ordinance was
further amended in 2002 to allow for a mix of affordability levels ranging from 80%AMI to
120%AMI.
Council Options:
Two separate Ordinances are proposed. The City Council can approve, amend or deny either of the
proposed Ordinances.
Potential Motions:
I move to approve first reading of an Ordinance amending the Ashland Land Use Ordinance Chapter
(18.106.030) concerning Affordable Housing Standards for Annexation, and schedule second reading
of the Ordinance for November 4,2008.
I move to approve first reading of an Ordinance amending the Ashland Land Use Ordinance Type III
Procedures Chapter (18.108.60) concerning general standards for Affordable Housing in Zone
Changes, and schedule second reading of the Ordinance for November 4,2008.
Attachments:
. Memo: Summary of Annexation Amendments
· Ordinance amending the Ashland Land Use Ordinance Chapter (18.106.030) concerning
Affordable Housing Standards for Annexation
· Ordinance amending the Ashland Land Use Ordinance Type III Procedures Chapter
(18.108.60) concerning general standards for Affordable Housing in Zone Changes
· Excerpts from recent Housing and Planning Commission Meeting minutes:
· Planning Commission 8/12/208, 6/24/08, 3/27/07
· Housing Commission 7/24/08, 2/28/08, 2/24/06
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CITY OF
ASHLAND
Memo
TO:
Title:
Date:
Submitted By:
City Council
Summary of Annexation Ordinance Amendments
October 7th, 2008
Brandon Goldman, Senior Planner
The following describes the history and purpose of the Amendments proposed and
incorporated into the Draft Ordinance relating to the Annexations and Zone Changes.
The existing Annexation ordinance achieves the primary goal in this regard and is
seen as a model that other communities in the state have examined in their efforts to
address the increasing lack of housing affordability. However experience in
application with any ordinance functions to highlight areas that could be adjusted to
better suit the intentions of the community.
Prior to 2003 the annexation ordinance required that 250/0 of the units be affordable
but did not establish a period of affordability and established that covered affordable
housing units (250/0 of the base density) were all targeted to households at the 1200/0
Area Median Income level. In 2003 the ordinance was further amended to provide a
range of income levels that could be targeted with the affordable units from 600/0AMI to
1200/0AMI. This menu of options for satisfying the affordability provision provided an
incentive for a developer to provide units to lower income ranges as the number of
units to be provided was also a sliding scale based on income level:
600/0 AM I
150/0
800/0 AM I
200/0
1000/0 AM I
250/0
120% AMI
350/0
The 2003 revisions established a 60 year period of affordability in an effort to retain
covered units as affordable as long term affordable housing and address a failing that
had allowed units that were annexed under the prior code to be annexed as affordable
and immediately convert to market rate units. Additionally the 2003 revisions allowed
for the dedication of a sufficient amount of land to be transferred to a non-profit or
community development corporation to be a means of satisfying the annexation
requirement relating to provision of affordable housing.
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Since 2003 with a number of applications for annexation and zone changes
processed, potential refinements to the existing ordinance's approval standards
relating to the provision of affordable housing have been identified. Proposed code
amendments are presented to address these identified issues:
· Percentage of affordability
· Land Dedication
· Construction Standards
· Construction Timing
· Distribution of Affordable Housing
Percentaae of affordability
Issue: As mentioned previously the existing ordinances do provide a menu of options
to meet the affordability standards, yet as crafted they can only be applied by selecting
a target income range and providing all required affordable units in that specific range.
For instance, an application for annexation could not propose to provide some units to
very low-income households, some to low income households and some to moderate
or median income households in an effort to develop a mixed income project and meet
the ridged percent allocation standards in the current ordinance. Additionally, both the
Planning and Housing Commission discussed whether units qualifying as required
affordable units at specific income levels should include ownership and/or rentals.
Ultimately it was the position of both Commissions that only units targeted to
households earning less than 600/0 the area median income should qualify if they are
rental units. The proposed ordinance amendments reflect this distinction.
In aiming to address this desire for flexibility in targeting various incomes the idea of
establishing an equivalency value to a unit provided at a particular income range has
been devised. This would allow an applicant to provide a mix of housing targeted to
households earning 600/0, 800/0, 100%, and 1200/0 of the area median income.
Proposed Language:
18.106.030 (G1)
(1) The total number of affordable units orovided to QualifyinQ buyers. or to
QualifyinQ renters, shall be eQual to or exceed 25% of the base density as
calculated usina the unit eQuivalency values set forth herein:
a. Ownershio units restricted to households earnina at or below 120% the
area median income shall have an eQuivalency value of 0.75 unit
b. Ownershio units restricted to households earninQ at or below 100% the
area median income shall have an eQuivalency value of 1.0 unit.
c. Ownershio units restricted to households earninQ at or below 80% the area
median income shall have an eQuivalency value of 1.25 unit.
d. Ownershio or rental units restricted to households earnina at or below 60%
the area median income shall have an eQuivalency value of 1.5 unit, or:
The above code language can be directly compared to the existing ordinance in the
table on the next page, assuming a developer chooses to provide all affordable units
at one specific income level.
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Existing Ordinances Proposed Remedy
100 unit annexation or zone- 100 unit annexation or zone-change with 25
change with 15-35% of the units "Equivalency units" required to be affordable.
required to be affordable 120%AMI = 0.75 unit (ownership only)
depend ing on income range 100% AMI unit or greater = 1 unit (ownership
targeted as required under the only)
current ordinance. 61- 80% AMI unit = .1.25 units (ownership only)
60% AMI or less = 1.5 units.
120%AM I 35 33
1 Oo%AM I 25 25
80%AMI 20 20
60%AMI 15 17
Land Dedication
Issue: Currently Ashland's Annexation requirements do allow the potential to satisfy
the affordability requirements if a developer transfers land to a non-profit affordable
Housing provider. The land needs to have infrastructure in place for future
development. This method of satisfying the affordability requirement has merit as
many for-profit developers have little experience in developing affordable housing and
as such providing the set aside land (consistent with any scattering requirements) is a
method they can choose to move forward with a development. However, if changes to
the ordinance discussed previously are incorporated that address distribution of
affordable units, construction timing, and construction standards, it would be
necessary to modify the land dedication section accordingly.
There may be circumstances in which the Planning Commission and City Council
would wish to retain some measure flexibility to entertain an alternative offer of land
that may ultimately succeed in the provision of more affordable housing than would
otherwise be expected on the specific development site. For example an annexation
of a 12 unit development may provide 3 affordable units onsite, however if the
applicant proposed to dedicate alternative property that could accommodate 6
affordable units this option may be something to consider. Exceptions identified the
proposed ordinance (18.1 06.030H) contain standards that outline areas in which the
City would entertain deviations from proposed standards as a means of retaining such
flexibility.
Proposed Language:
18.106.030(G2)
2) As alternative to providing affordable units per section 18. 106. 030(G) (1) the
applicant may provide Title to a sufficient amount of buildable land for
development through transfer to a non-profit (IRe 501 (3) (c)) affordable housing
developer or public corporation created under ORS 456.055 to 456.235 for the
purpose of complying with subsection 18. 106. 030(G) (1) (b).
a. The land to be transferred shall be located within the project meeting the
standards set forth in 18. 106. 030(G) 4, 18. 106. 030(G) 5 and
18. 106. 030(G)6
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b. All needed public facilities shall be extended to the area or areas proposed
for transfer.
c. Prior to commencement of the project, Title to the land shall be transferred
to the City, an affordable housing developer which must either be a unit of
government, a non -profit 501(C)(3) organization, or public corporation
created under ORS 456.055 to 456.235,
d. The land to be transferred shall be deed restricted to comply with Ashland's
affordable housing program requirements.
Construction Standards
Issue: Without clear standards there has been concern that a developer may
technically provide the minimum number of affordable units as required, but could
build them both with lesser materials and at a smaller size to dramatically reduce
development costs. For example, under the current ordinance a developer could
propose a development in which all the market rate units are 3 bedroom detached
single family homes and yet the required affordable units are all proposed as 400
square foot one-bedroom apartments.
In such a scenario the affordable units would be clearly distinguishable from market
rate units, provide very small living areas for the occupants, and face increased
maintenance and utility costs when compared to the market rate units developed in
the project. To ensure that units which are developed in accordance with Ashland's
affordable housing program through Annexations or Zone Changes meet a minimum
standard of both space and quality of construction, amendments to the approval
standards aim to:
· Establish minimum space requirements
· Require the affordable units and market rate units are comparable in
terms of number of bedrooms
· Require affordable units are of the same housing type(s) within the full
project
· Require that affordable units are built with equivalent materials and
design to market rate units.
For a clear and objective standard, and consistency in state funding opportunities, it
was initially recommended that the ordinance reference the limits established limits
from the State of Oregon Home Program in the table below:
Unit Size Studi One Two Three Four
0 bedroom bedroom bedroom bedroom
Min. sq. ft. 350 600 800 1000 1250
Upon review by the Housing and Planning Commissions it was found that although the
State Limits are acceptable in most circumstances, Ashland's land use code currently
allows for a reduction in both density calculations and minimum parking requirements
for units less than 500 square feet in size. To allow for projects to take advantage of
these provisions it is now recommended that the minimum size for a one bedroom
units be reduced to 500sq.ft, instead of the 600sq.ft. minimum under the State
program. Therefore the table presented in the proposed ordinance section
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18.106.030.3 is consistent with the State of Oregon Home Program with the notable
exception of 500sq.ft. minimum allowable for one bedroom units..
Concern that had been raised regarding building materials used in constructing the
affordable units is now addressed in section 18.1 06.030G6 within the proposed
ordinance. Distinguishing between external and internal building materials and
comparable features these newly added sections aim to ensure that the affordable
units are visually compatible with the market rate units utilizing external finishes that
are substanti~lIy the same as those used upon market rate units within the
development. Further the amended ordinance would require that affordable units ,
could use different materials internally provided they are comparable to those used in
market rate units within the development. Specifically the proposed language includes
a provision requiring comparability in terms of energy efficiency.
Proposed Language:
18.106.030(G3) Comparable Bedroom Mix, Unit Size, and Housing Unit
Types section:
3) The affordable units shall be comparable in bedroom mix and housing type
with the market rate units in the development.
a. The number of bedrooms per dwelling unit in the affordable Units within
the residential development shall be in equal proportion to the number
of bedrooms per dwelling unit in the market-rate units within the
residential development. This provision is not intended to require the
same floor area in affordable units as compared to market-rate Units.
The minimum square footage of each affordable unit shall comply with
the minimum required floor based as set forth in Table 1.
Table 1
Unit Type Minimum Required Unit Floor Area (Square
Feet)
Studio 350
1 Bedroom 500
2 Bedroom 800
3 Bedroom 1,000
4 Bedroom 1,250
b. The required on-site affordable units shall be comprised of the different
unit types in the same proportion as the market dwelling units within the
development.
18.106.030(G6) Comparable Building Materials Section:
6) That affordable housing units shall be constructed using comparable building
materials and include equivalent amenities as the market rate units.
a. The exterior appearance of the affordable units in any residential
development shall be visually compatible with the market-rate units in
the development. External building materials and finishes shall be
substantially the same in type and quality for affordable units as for
market-rate units
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b. Affordable units may differ from market-rate units with regard to interior
finishes and materials provided that the affordable housing units are
provided with comparable features to the market fate units, and shall
have generally comparable improvements related to energy efficiency,
including plumbing, insulation, windows, appliances, and heating and
cooling systems.
Construction Timina
Issue: Under the existing ordinance there is no established criteria that addresses
how a project is to be phased, specifically identifying at which point affordable housing
units are constructed relative to the market rate units within the development. Without
such an explicit standard the Planning Commission and City Council have in the past
added an explicit condition of approval on individual planning applications to ensure
the affordable housing was metered in along with the market rate housing being
developed. Having new language expressing this standard in the Land Use Code will
allow developers to better anticipate such a requirement and plan their projects
accordingly. In the event a developer can present an alternative phasing proposal that
affords adequate security that the affordable units will be developed in a timely
manner, an exception to this standard may be granted by the City Council (see
exceptions 18.106.030(H.3)).
Proposed Language:
18.106.030(G4)
4) A development schedule shall be provided that demonstrates that that the
Affordable Housing Units per 18.106.030(G) shall be developed, and made
available for occupancy, as follows:
a. That 50% of the affordable units shall have been issued building permits
prior to issuance of a certificate of occupancy for the last of the first 50%
of the market rate units.
b. Prior to issuance of a building permit for the final 1 0% of the market
rate units, the final 50% of the affordable units shall have been issued
certificates of occupancy.
Distribution of Affordable Housina
Issue: The preference articulated by the Housing Commission, Planning Commission
and other community members has consistently been to "scatter" affordable housing
throughout the community and on individual projects to reduce the potential for high
localized concentrations of a "low-income areas" and further to support income
integration as a community value. In large developments the "clustering" of affordable
housing can function to create an economic/income division between the future
households and as such distribution thought a development of the affordable is
preferable.
Concern had been raised by non-profit housing providers that mandating a method of
scattered site development may impede funding sources, specifically state funding
sources. The State representative from the department of Housing and Community
Services has indicated that this is not the case and that scattered site proposals can
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indeed be funded without compromise. The Rogue Valley Community Development
Corporation has indicated that the economy of scale of "clustered" development is
beneficial to their application of the Self Help Program and as such did not
recommend language that required scattering of units.
Staff believes that given the scale of developments in Ashland the issue of "clustering"
is not pronounced in our community. Even in what Ashland considers large projects
(ie 40-100 units), the number of affordable units provided do not typically appear to
create a distinguishable "low-income areas".
With all of these considerations in mind, articulating in the ordinance language that
puts the burden upon the applicant to demonstrate that the affordable units are
distributed throughout the development could be beneficial.
Proposed Language:
1B.106.030(G5)
5) That affordable housing units shall be distributed throughout the project
However allowing Exceptions to this standard to be approved at the discretion of the
City Council would also be prudent in order to allow senior assisted living, special
needs housing, or proposals such as RVCDCs self help program, to be approvable
without meeting the distribution standard if acceptable. Exceptions for such
circumstances to the distribution requirement under 18.1 06.030H4&5 is proposed that
allows clustering when necessary for the nature of the development (ie assisted
living), or provides a greater benefit to the City (I E more affordable housing than is
otherwise required).
Exceptions
To accommodate varied conditions and potential deviations from the standards as
proposed by applicants for a zone change or annexation, the proposed ordinance
contains a number of "Exceptions" that can be considered by the City Council.
These "Exceptions" are not technically "Variances" in the traditional sense as they
would not be subject to the approval criteria in the Ashland's Land Use Ordinance
Variance Chapter (18.100). Rather than subjecting such deviations from the proposed
affordable housing provisions to the variance criteria, by listing them under section
18.106.030 H the Ordinance can be more explicit as to what alternatives the City
Council would consider.
Given the discretion (risk) involved in applying for an Exception, an applicant would be
more inclined to design their proposed development to comply with the standards than
request an exception. In the event an exception is requested the City Council can
exercise discretion in examining what additional benefits are provided in consideration
of the request.
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Proposed Language:
18.106.030(H1-6)
H. Exceptions to the requirements of 18.106.030.G(2), 18.106.030.G(3),
18.106.030.G(4), and/or 18.106.030G(5) may be approved by the City Council upon
consideration of one or more of the following:
1) That an alternative land dedication as proposed would accomplish additional
benefits for the City, consistent with the purposes of this chapter, than would
development meeting the on-site dedication requirement of 18. 106. 030(G) 2, or;
2) That an alternative mix of housing types not meeting the requirements of
18. 106.030. G(3) (b) would accomplish additional benefits to the City consistent
with this chapter, than would the development providing a proportional mix of
unit types.
3) That the alternative phasing proposal not meeting 18. 106.030. G( 4) provided
by the applicant provides adequate assurance that the affordable housing units
will be provided in a timely fashion, or;
4) That the distribution of affordable units within the development not meeting
18. 106.030. G(5) is necessary for development of an affordable housing
project that provides onsite staff with supportive services or;
5) That the distribution of affordable units within the development as proposed
would accomplish additional benefits for the city, consistent with the purposes
of this chapter, than would development meeting the distribution requirement of
18.106.030.G(5), or;
6) That the materials and amenities applied to the affordable units within the
development, that are not equivalent to the market rate units per
18.106.030.G(6), are necessary due to local, State, or Federal Affordable
Housing standards or financing limitations;
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
ANNEXATION CHAPTER (AMC 18.106.030) CONCERNING AFFORDABLE
HOUSING STANDARDS FOR ANNEXATION
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . 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 Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the City of Ashland recognizes that under Goal 1 0 of Oregon's Statewide
Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage
the availability of adequate numbers of needed housing units at price ranges and rent
levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density; and
WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element,
establishes the goal of ensuring that a variety of dwelling types housing opportunities
are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearance of the City; and
WHEREAS the City of Ashland City Council recognizes that for a healthy community
the provision of a range of affordable housing is a top priority for the City of Ashland;
and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
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ordinance amendments and recommended approval to the City Council on August 12,
2008; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing on the
above-referenced amendments on October 21, 2008; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland 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.
SECTION 2. Chapter 18.106.030 of the Ashland Municipal Code [ANNEXATION -
Approval Standards] is hereby amended to read as follows:
SECTION 18.106.030 Approval Standards.
An annexation may be approved if the proposed request for annexation conforms, or
can be made to conform through the imposition of conditions, with the following
approval criteria:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the
designation indicated on the Comprehensive Plan Map, and the project, if
proposed concurrently with the annexation, is an allowed use within the proposed
zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the
Public Works Department; the transport of sewage from the site to the waste
water treatment plant as determined by the Public Works Department; the
provision of electricity to the site as determined by the Electric Department; urban
storm drainage as determined by the Public Works Department can and will be
provided to and through the subject property. Unless the City has declared a
moratorium based upon a shortage of water, sewer, or electricity, it is recognized
that adequate capacity exists system-wide for these facilities.
E. Adequate transportation can and will be provided to and through the subject
property. For the purposes of this section "adequate transportation" for
annexations consists of vehicular, bicycle, pedestrian and transit transportation
meeting the following standards:
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1. For vehicular transportation a 20' wide paved access exists, or can and will be
constructed, along the full frontage of the project site to the nearest fully
improved collector or arterial street. All streets adjacent to the annexed area
shall be improved, at a minimum, to a half-street standard with a minimum 20'
driving surface. The City may, after assessing the impact of the development,
require the full improvement of streets adjacent to the annexed area. All
streets located within annexed areas shall be fully improved to city standards.
Where future street dedications are indicated on the City's Street Dedication
Map or required by the City, provisions shall be made for the dedication and
improvement of these streets and included with the application for
annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can
and will be constructed. Should the annexation be adjacent to an arterial
street, bike lanes shall be provided on or adjacent to the arterial street. Likely
bicycle destinations from the project site shall be determined and safe and
accessible bicycle facilities serving those destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or
can and will be constructed. Full sidewalk improvements shall be provided on
one side adjacent to the annexation for all streets adjacent to the proposed
annexed area. Sidewalks shall be provided as required by ordinance on all
streets within the annexed area. Where the project site is within a quarter of a
mile of an existing sidewalk system, the sidewalks from the project site shall
be constructed to extend and connect to the existing system. Likely
pedestrian destinations from the project site shall be determined and the safe
and accessible pedestrian facilities serving those destinations shall be
indicated.
4. For transit transportation, should transit service be available to the site, or be
likely to be extended to the site in the future based on information from the
local public transit provider, provisions shall be made for the construction of
adequate transit facilities, such as bus shelters and bus turn-out lanes. All
required transportation improvements shall be constructed and installed prior
to the issuance of a certificate of occupancy for any new structures on the
annexed property.
F. For all residential annexations, a plan shall be provided demonstrating that the
development of the entire property will ultimately occur at a minimum density of 900/0
of the base density for the zone, unless reductions in the total number of units is
necessary to accommodate significant natural features, topography, access
limitations, or similar physical constraints. The owner or owners of the property shall
sign an agreement, to be recorded with the county clerk after approval of the
annexation, ensuring that future development will occur in accord with the minimum
density indicated in the development plan. For purposes of computing maximum
Page 3 of 8
density, portions of the annexed area containing undevelopable areas such as
wetlands, floodplain corridor lands, or slopes greater than 350/0, shall not be
included.
G. Except as provided in 18.106.030.G(7) below. for FoF all annexations with a
density or potential density of four residential units or greater and involving
residential zoned lands, or commercial, employment or industrial lands with a
Residential Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters 'I:ith incomes at
or belo~I.' 120% of median income; or
2. 25% of the base density to qualifying buyers or renters 'J.dth incomes at
or belo~..: '100% of median income; or
3. 20% of the base density to qualifying buyers or renters '.\'ith incomes at
or belo~....' 80% of median income; or
4. 15% of the base density to qualifying buyers or renters '.\'ith incomes at
or belo~N 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non profit (IRC 501 (3)(c)) affordable housing de\'eloper
or comparable Development Corporation for the purpose of complying
\\'ith subsection 2 abo\~e. The land shall be located \yithin the project
and all needed public facilities shall be extended to the area or areas
proposed f-or transfer. O'J:nership of the land shall be transferred to the
affordable housing de'.'eloper or De':elopment Corporation prior to
commencement' of the project.
1) The total number of affordable units provided to Qualifyina buyers. or
to Qualifyina renters. shall be eQual to or exceed 250/0 of the base
density as calculated usina the unit eQuivalency values set forth
herein:
a. Ownership units restricted to households earnina at or below
1200/0 the area median income shall have an eQuivalency value of
0.75 unit
b. Ownership units restricted to households earnina at or below
1000/0 the area median income shall have an eQuivalency value of
1.0 unit.
c. Ownership units restricted to households earnina at or below
800/0 the area median income shall have an eQuivalency value of
1.25 unit.
d. Ownership or rental units restricted to households earnina at or
below 600/0 the area median income shall have an eQuivalency
value of 1.5 unit. or:
2) As alternative to providina affordable units per section
18.1 06.030(G)(1) the applicant may provide Title to a sufficient
amount of buildable land for development throuah transfer to a non-
Page 4 of 8
profit (lRC 501 (3)(c)) affordable housina developer or public
corporation created under ORS 456.055 to 456.235 for the purpose of
complyina with subsection 18.1 06.030(G)(1 )(b).
a. The land to be transferred shall be located within the proiect
meetina the standards set forth in 18.106.030(G)4. 18.106.030(G)5
and 18.106.030(G)6
b. All needed public facilities shall be extended to the area or areas
proposed for transfer.
c. Prior to commencement of the proiect. Title to the land shall be
transferred to the City. an affordable housina developer which
must either be a unit of aovernment. a non -profit 501 (C)(3)
oraanization. or public corporation created under ORS 456.055 to
456.235.
d. The land to be transferred shall be deed restricted to comply with
Ashland's affordable housina proaram reQuirements.
3) The affordable units shall be comparable in bedroom mix and
housina type with the market rate units in the development.
a. The number of bedrooms per dwellina unit in the affordable
Units within the residential development shall be in eQual
proportion to the number of bedrooms per dwellina unit in the
market-rate units within the residential development. This
provision is not intended to reQuire the same floor area in
affordable units as compared to market-rate Units. The
minimum SQuare footaae of each affordable unit shall comply
with the minimum reQuired floor based as set forth in Table 1.
Table 1
Unit Type Minimum ReQuired Unit Floor Area
(Sauare Feet)
Studio 350
1 Bedroom 500
2 Bedroom 800
3 Bedroom 1.000
4 Bedroom 1.250
b. The reQuired on-site affordable units shall be comprised of the
different unit types in the same proportion as the market
dwellina units within the development.
4) A development schedule shall be provided that demonstrates that
that the Affordable Housina Units per 18.1 06.030(G) shall be
developed. and made available for occupancy. as follows:
a. That 50% of the affordable units shall have been issued
buildina permits prior to issuance of a certificate of occupancy
Page 5 of 8
for the last of the first 500/0 of the market rate units.
b. Prior to issuance of a buildina permit for the final 100/0 of the
market rate units. the final 500/0 of the affordable units shall
have been issued certificates of occupancy.
5) That affordable housina units shall be distributed throuahout the
proiect
6) That affordable housina units shall be constructed usina comparable
buildina materials and include eQuivalent amenities as the market
rate units.
a. The exterior appearance of the affordable units in any
residential development shall be visually compatible with the
market-rate units in the development. External buildina
materials and finishes shall be substantially the same in type
and Quality for affordable units as for market-rate units
c. Affordable units may differ from market-rate units with reaard
to interior finishes and materials provided that the affordable
housina units are provided with comparable features to the
market rate units. and shall have aenerally comparable
improvements related to eneray efficiency. includina
plumbina. insulation. windows. appliances. and heatina and
coolina systems.
7) Exceptions to the reQuirements of 18.106.030.G(2). 18.106.030.G(3l.
8.106.030.G(4l. and/or 18.1 06.030G(5) may be approved by the City
Council upon consideration of one or more of the followina:
a. That an alternative land dedication as proposed would
accomplish additional benefits for the City. consistent with the
purposes of this chapter. than would development meetina the
on-site dedication reQuirement of 18.1 06.030(G)2. or:
b. That an alternative mix of housina types not meetina the
reQuirements of 18.106.030.G(3)(b) would accomplish additional
benefits to the City consistent with this chapter. than would the
development providina a proportional mix of unit types.
c. That the alternative phasina proposal not meetina
18.106.030.G(4) provided by the applicant provides adeQuate
assurance that the affordable housina units will be provided in a
timely fashion. or:
d. That the distribution of affordable units within the development
not meetina 18.106.030.G(5) is necessary for development of an
affordable housina proiect that provides onsite staff with
supportive services or:
e. That the distribution of affordable units within the development
as proposed would accomplish additional benefits for the city.
Page 6 of 8
consistent with the purposes of this chapter. than would
development meetina the distribution reQuirement of
18.106.030.G(5l. or:
f. That the materials and amenities applied to the affordable units
within the development. that are not eQuivalent to the market
rate units per 18.1 06.030.G(6l. are necessary due to local. State.
or Federal Affordable Housina standards or financina
limitations:
ID The total number of affordable units described in this section
18.106.030.G shall be determined by rounding down fractional answers to
the nearest whole unit. A deed restriction, or similar legal instrument, shall
be used to guarantee compliance with affordable criteria for a period of not
less than 60 years. Properties providing affordable units as part of the
annexation process shall qualify for a maximum density bonus of 25
percent.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. 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 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-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
Page 7 of 8
,------
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 8 of 8
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
TYPE III PROCEDURES CHAPTER (AMC 18.108.060) CONCERNING
GENERAL STANDARDS FOR AFFORDABLE HOUSING IN ZONE CHANGES
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . 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 Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the City of Ashland recognizes that under Goal 1 0 of Oregon's Statewide
Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage
the availability of adequate numbers of needed housing units at price ranges and rent
levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density; and
WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element,
establishes the goal of ensuring that a variety of dwelling types housing opportunities
are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearance of the City; and
WHEREAS the City of Ashland City Council recognizes that for a healthy community
the provision of a range of affordable housing is a top priority for the City of Ashland;
and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
Page 1 of 5
ordinance amendments and recommended approval to the City Council on August 12,
2008; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing on the
above-referenced amendments on October 21 , 2008; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland 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.
SECTION 2. Chapter 18.108.060 of the Ashland Municipal Code [PROCEDURES]
hereby amended to read as follows:
SECTION 18.108.060 Type III Procedures.
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map
changes subject to the Type III procedure as described in subsection A of this
section may be approved if in compliance with the comprehensive plan and the
application demonstrates that:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
Page 2 of 5
d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide 250/0 of the proposed
base density as affordable housina consistent with the approval standards
set forth in 18.106.030lG) one of the follo'.\'ing:
1. 35% of the base density to qualif}'ing buyers or renters -lIith incomes at
or belo...: 120% of median income; or
2. 25% of the base density to qualif}'ing buyers or renters -J:ith incomes at
or belo-.\' 1000k of median income; or
3. 20% of the base density to qualif}'ing buyers or renters -J:ith incomes at
or belo-J: 80% of median income; or
4. 150h of the base density to qualif}'ing buyers or renters -t:ith incomes at
or belo-.\' 60% of median income; or
5. Title to a sufficient amount of buildable land f.or dO-Jelopment is
transferred to a non profit (IRC 501 (3)(c)) affordable housing developer or
comparable De'lelopment Corporation for the purpose of complying -.\'ith
subsection 2 above. The land shall be located \\'ithin the project and all
needed public facilities shall be extended to the aroa or areas proposed
for transfer. O-::nership of the land shall be transferred to the aff.ordable
housing de'Jeloper or Development Corporation prior to commencement
of the project; or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (Le. Residential Overlay), will not
negatively impact the City of Ashland's commercial and industrial land supply as
required in the Comprehensive Plan, and will provide 250/0 of the proposed
base density as affordable housina consistent with the approval standards
set forth in 18.106.030lG) one of the follov.'ing:
1. 350/0 of the base density to qualif}'ing buyers or renters -",,'ith incomes at
or belo-:: 120% of median income; or
2. 250k of the base density to qualifying buyers or renters -.\'ith incomes at
or belo,..: 100% of median income; or
3. 200/0 of the base density to EJualif}'ing buyers or renters -.\'ith incomes at
or belo~:: 80% of median income; or
4. 15% of the base density to qualifying buyers or renters -.\'ith incomes at
or below 60~~ of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non profit (IRC 501 (3)(c)) aff.ordable housing developer or
comparable De\'elopment Corporation for the purpose of complying -J:ith
subsection 2 above. The land shall be located -::ithin the project and all
needed public facilities shall be extended to the area or areas proposed
for dedication. O-.\'nership of the land and.'or air space shall be transferred
to the affordable housing developer or De\'elopment Corporation prior to
commencement of the project.
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A
Page 3 of 5
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
C.Type III Procedure.
1.Applications subject to the Type III Procedure shall be process as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of the
application.
b.Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2.For planning actions described in section 18.108.060.A. 1 and 2, the
Commission shall have the authority to take such action as is necessary to make
the amendments to maps and zones as a result of the decision without further
action from the Council unless the decision is appealed. The decision of the
Commission may be appealed to the Council as provided in section 18.108.110.
3.For planning actions described in section 18.108.060.A. 3 and 2, the
Commission shall make a report of its findings and recommendations on the
proposed action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as provided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. 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 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-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
Page 4 of 5
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 , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of 5
1'-
Excerpts from recent Housing and Planning Commission Meeting minutes
relating to the proposed Annexation and Zone Change Ordinance changes.
ASHLAND PLANNING COMMISSION
SPECIAL MEETING MINUTES June 24, 2008
Ashland Land Use Ordinance - Annexation and Zone Change Amendments
Senior Planner Brandon Goldman introduced Housing Commissioners Regina Ayers and Aaron
Benjamin and invited them to join the Planning Commission in this discussion.
Mr. Goldman presented the staff report and stated the purpose of the proposed annexation and zone
change amendments are to address the issues related to affordable housing. He provided the following
timeline for this process: 1) legal review of the proposed ordinance will occur in June, 2) the Housing
Commission will review the ordinance in July, 3) in August, the Planning Commission will review the
ordinance and it will go before the City Council during their Study Session, 4) the Council will conduct
first reading in September, and 5) the ordinance should be adopted by October.
Mr. Goldman noted this is the first time the Commission has seen the changes in code format and
stated it would be beneficial if the Commission could provide input on the following areas: 1) the cash in
lieu of fees provision, 2) the equivalency value concept, and 3) the construction standards and
comparable unit size.
Cash in Lieu of Fees
Mr. Goldman provided a brief overview and stated staff has some concerns and would like direction
from the Commission. Dawkins stated he is familiar with this concept and shared his concerns with this
type of provision. Mr. Goldman clarified the ad hoc committee agreed to drop this language, but staff
needs to know if the entire Commission feels the same. The majority of the group recommended
eliminating this language.
EQuivalencv Value
Mr. Goldman provided a brief overview and stated the primary question is whether affordable rental
housing units targeted to households earning 80% the area median income should qualify as meeting
the standard. Council Liaison Cate Hartzell shared a recent conversation she had with the regional
HUD director, who felt that as a result of the current housing market, there will be increased pressure
on rentals. Comment was made that if this provision encourages rentals, they should include it.
Alternate comment was made that Ashland is lacking diversity in ownership units and affordable
ownership units would be more beneficial than near market rate rentals. Stromberg conducted a straw
vote and the majority of the Commission favored this provision.
Comoarable Unit Size
Mr. Goldman explained the minimum one-bedroom unit size set by the State is 600 sq. ft.; however, the
City's ordinance allows for a reduced density calculation for units that are 500 sq. ft. or less as well as a
reduced parking requirement for units 500 sq. ft. or less. As such, staff believes that changing the one-
bedroom minimum unit floor area from 600 sq. ft. to 500 sq. ft. has merit and should be considered for
inclusion in the final ordinance. Mr. Goldman clarified if a developer submitted an application for units
500 sq. ft. in size, they would be ineligible for state funding. Several comments were made voicing
support for retaining the 500 minimum sq. ft. size for one-bedroom units.
Comment was made questioning how to ensure the mix of units that are built as affordable echo the
market rate housing. Suggestion was made for comparability between affordable and market rate
exterior and interior amenities.
ASHLAND HOUSING COMMISSION MINUTES
April"24, 2008
"The proposed changes are also intended to establish a means of insuring the units are being built in a
timely manner, that the units are commensurate with the full development in terms of unit size,
distribution of the affordable housing units, target percentages of affordability, and identifity the potential
for cash in-lieu fees and land dedication.
Commissioners discussed the proposed changes in order to make recommendations to the Ad Hoc
Committee to look at incorporating these changes.
Regarding construction standards: Voisinl Billin m/s that the Commission recommend the minimum
unit size be 375 square feet. The motion passed unanimously.
Regarding percentage of affordability: Hardesty/Billin m/s that the Housing Commission revise the
requirements in the Percentage of Affordability section such that in item 'c' the words or rental would
be deleted and in item 'd' the number 80% be changed to 60% and that they make these
recommendations on the part of the Commission to the Ad Hoc committee. The motion passed
unanimously. "
ASHLAND HOUSING COMMISSION MINUTES
February 28, 2008
"In 2006 the Housing Commission looked at the ordinance to see what was working with it and what
wasn't. Goldman reviewed the Commission Communication dated March 27, 2007. The Housing
Commission in March of 2007 had recommended in favor of these ordinance changes going forward.
Given the lapse of time Bill Molnar felt that instead of taking a draft ordinance to the Planning
Commission they should have an Ad Hoc meeting structure where some Housing Commissioners and
Planning Commissioners get together in April and go over what was being presented. Then they would
come back to the Housing Meeting at the April 24th meeting with draft language that has already had
legal review. With the Commissions recommendations they would either modify the ordinance or send
out a notice to the affected parties in advance of having the draft ordinance sent to a Planning
Commission study session in June. It would then go to a hearing before the Housing Commission in
July and to the Planning Commission and City Council in August for first reading of it in September.
Assuming that the City Council at first reading wanted to go forward with the ordinance the second
reading would be in October and 30 days after that it would be approved as the new law of the land. All
future annexations after that would be subject to it.
Goldman explained that Measure 49 was a response to Measure 37 and explained how it could affect
the City and Housing densities.
After discussing these previously identified changes to the Annexation and Zone Change Ordinances,
and specifically the matrix describing affordable housing mixes, Hardesty made the following motion
"We recommend to the joint Ad Hoc Housing Commission IPlanning Commission members that the
words or rental be deleted from items C on the subject of percentage of affordability." Billin seconded it.
Voice vote: approved.
It was decided that the members on the Land Use Committee will be on the Ad Hoc committee."
ASHLAND PLANNING COMMISSION
STUDY SESSION MINUTES
March 27, 2007
"In the packet is a communication that outlines some issues that have been
previously identified by the Housing Commission concerning the current ordinance
and specifically, how it provides for affordable housing that's required. The Planning
Commission saw this in November of 2006. They outlined the following issues:
· Construction timing - how units are brought into a development?
· Construction standards - relates to the size of the units (number of bedrooms)
and materials used
· Distribution of affordable housing that is annexed or requests a zone change
· Percentage of affordability - There is currently a menu of options the developer
can choose from. Provide 15 percent of the units to people at 60 percent income
or provide up to 35 percent of the units at 120 percent income.
· Cash in lieu fees has been brought up before.
Goldman provided sample code language specific to Ashland's ordinance. The
language has not yet been reviewed by the Legal Department. Goldman said that in
developing code language to address remedies, the objective has been to provide a
clear and objective path by which somebody could apply for an annexation and have
clearly set rules that they could meet and therefore have an approvable application.
But also knowing there is a measure of flexibility that may be addressed if there are
physical constraints or other issues that would necessitate an alternative plan. A
series of alternatives have been developed that could be provided as exceptions to
the ordinance.
The Housing Commission will be reviewing the same Communication that is in front
of them tonight at tomorrow night's Housing Commission meeting.
Stromberg said the Council can decide on an annexation based on the criteria of
whether the proposal is good for the community in general. He hopes someday the
Council directs Staff to create a matrix for analyzing the complete spectrum of cost
and benefits to the community.
Goldman said they've established that the minimum square footage of affordable
units should comply with the HOME program based on the number of bedrooms.
The HOME program also has a square footage ceiling to qualify for receiving a
subsidy.
Marsh favored the Housing Commission looking at some of the alternative options.
She did not see anything that mentions what kind of housing units have to be
developed to meet the affordable standard if there is a mix of single family homes,
townhouses, etc. They need some clarity about this because it can make a lot of
difference.
Fields noted that developers tend not to know anything about the affordable housing
market, but agree to it during a hearing and then they are stuck with having to do
something. He thinks it will come to paying money in lieu of units or dedicating land
where the developer can step away from the responsibility of creating it.
ASHLAND HOUSING COMMISSION
STUDY SESSION MINUTES
April, 24, 2006
Bill Molnar, Interim Director of Community Development, discussed the the
development of and history of the annexation ordinance. Noting the changes over
time to reflect community values and that the annexation [as a legislative decision] is
one of the discretionary parts of the land use ordinance. Molnar noted that when the
annexation policies were originally established the term "at least a five-year supply of
land" was intended to ensure the supply did not drop below a five year availability.
1990's:Annexation Chapter added in part to address modal equity and transportation
issues. Added definitions for adequate transportation facilities; "Less than a 5 year
supply" of land was added to efficiently use land and demonstrate a deficit of a
specific type [zone] of land; the term "infill was coined to describe the "filling in" of the
existing City Limits; added affordability requirements for residential annexations.
2001-2002: Annexation Ordinance was amended to modify the affordability
requirements: 60 year period of affordability; land transfer option; ranges of income
levels from 600/0-1200/oAMI.
Molnar noted that during the 2002 amendments areas discussed but not included
were
· Quality of units - general feeling at that time was that building code was
sufficient
· Unit distribution - There was concern in 2002 regarding requiring
scattering regarding its impact on affordable housing providers in
negotiation.
Brandon Goldman briefly discussed the outline of discussion items included in the
Examination of Ashland's Annexation and Zone Change Ordinances handout
touching on the common elements found in other such ordinances.
Discussion included recent annexations and the issue of traffic impacts and inventory
of land being items that should be looked at prior to site review. Aaron Benjamin
questioned whether the City should consider expansion of a commercial or industrial
annexation request to include land for workforce housing [commensurate with the
wage scales provided by the intended commercial use].
Discussion touched on affordability targets and the types of dwelling units desired
through annexations. Further the definition of "workforce housing" was briefly
discussed. Liz Peck stated that in looking at ranges of incomes she thought
"workforce housing" for people over 1300/0 of area median income is of concern in
that it is difficult 0 call that "affordable housing"
Goldman discussed the desire to create a annexation ordinance that promoted
affordable housing development without inadvertently chilling development to the
degree that no development would occur. Thus he stated that the evaluating the
economic feasibility of any proposed changes was vital. He noted that the goal is to
actually get afforda.ble units built.
Goldman also explained the equivalency unit concept put forth in the handout and
how it provides greater flexibility while aiming to maintain the equivalent number of
affordable units established in the current ordinance. Cate Hartzell raised concern
that in looking at the table it shows a net reduction in actual affordable units [from
35-33 in the hypothetical example provided] if all units were developed at the
120%AMI level.
Goldman noted that the base "25%" of the units used to establish the equivalency
value to determine actual numbers of units as affordable used could be modified to
increase or decrease the total number required. Peck questioned whether
developers would generally be in favor or opposed to such a methodology. Goldman
responded that he believed there would be general favor toward the greater flexibility
provided by the method described in the handout.
It was discussed that having the input of the development community was necessary
to determine how a projects financing and ability to provide affordable units would be
impacted. Specifically Hartzell indicated that a clear understanding of projects costs
would be valuable in assessing how many affordable units could be absorbed and
still have the project remain viable.
There were questions regarding the process timing of adopting any annexation
ordinance changes. Given the necessary time for a comprehensive review Hartzell
questioned whether the City could impose a moratorium on annexations until the
amended ordinance was in place. Goldman stated that he did not believe doing
such was possible as a moratorium would have to cite a lack of facilities and
establish a means to resolve the insufficiency. However he noted that he could check
with the legal department regarding her question.
After the brief dinner break Hartzell noted that she had mad a call during the break
and learned that a moratorium on annexations was not possible. The commission
generally discussed which items were "low hanging fruit".
Aiming to identify which of the commonly addressed items listed in the handout could
be readily addressed Bill Street identified five of the nine items.
. Period of affordability
. Price & Rent controls
. Construction Standards
. Construction Timing
. Distribution of Affordable Housing
Commissioners discussed continued investigation into other cities ordinances
suggesting consultation with those jurisdiction planners; discussions with developers,
both local and those developing in jurisdictions with inclusionary zoning ordinances;
discussions with non-profit developers such as the housing authority about project
proforma and development costs.
Council Communication
CITY OF
ASHLAND
Meeting Date:
Department:
Secondary Dept.:
Approval:
Update Report on Council Goals
October 21, 2008 Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Bennet Estimated Time:
Ann Seltzer
ann@ashland.or.us
Martha Bennett
Consent
Question:
Does the City Council accept the update report on Council Goals? Does the Council wish to modify
the timeline for the Council Goals?
Staff Recommendation:
Staff recommends the City Council accept the update to the Council Goals an,d identify any concerns
regarding the proposed timeline to complete the goals.
Background:
In July of2007, the City Council met to establish a list of goals to be completed by staff over a two
year period. In addition to eleven goals, Council also identified "givens" _ projects previously
identified or underway. Study sessions were scheduled during the 2008 calendar year for Council to
hear from each department responsible for implementing the goal.
In December 2007, Council heard a report on the status and implementation of the 2007-2008 Council
Goals.
".
This report serves as the update for the "givens" and each goal.
GIVENS
· Water Resource (Riparian) Ordinance Council can expect to receive an update at a study
session in December 2008.
· Complete the Planning Process for the Croman Mill Site Staff expects the consultants to
complete their work in NovemberlDecember 2008. Staffwill then prepare the plan in
ordinance form for planning commission review. Spring 2009.
· Implement Community Policing. The Police Department has completed almost all of the
recommendations of the PERF report and now has a solid foundation for evaluating and
implementing new strategies to improve our community policing efforts.
· Complete the Public Art Master Plan. Done
· Work regionally to resolvefundingfor library. Council approved placing a local option levy
on the November ballot to extend funding for enhanced library services through 2013.
· Provide timely response to the AFR w/in the USFS schedule. The Forest Lands Commission, in
conjunction with the Ashland Forest Resiliency Community Alternative Technical Team
(AFRCAT), reviewed Chapters 2 & 3 of the draft version of the Final Environmental Impact
Study (FEIS) and provided a preliminary recommendation to the City Council. The complete
FEIS was released on September 12 and the Ashland Forest Lands Commission, and other
Page 1 of3
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interested community members reviewed the document. A recommendation by the
Commission was presented to the City Council on October 7. Council voted to support the
recommendation.
CITY OF
A.SHLAND
GOALS
· Develop a plan to establish fiscal stability. During the FY09 budget process, the Budget
Committee approved a new staff position to assist in realizing this goal. The position has been
filled. Key functions will include creating, updating and managing cost allocation plans and
rate models supporting city enterprise and internal service activities, developing performance
measures, reviewing key revenue streams and prioritizing services. Ongoing
· Develop a city employee continuity strategy... Staff is initiating a leadership training program
aimed at developing leadership skills in anticipation of replacing individuals who will soon
retire. In addition, the City has issued an RFP for an Employee Compensation and
Classification study. The study will assist the city in determining how current pay rates and
benefits compare to other municipalities and ultimately assist in retaining a qualified
workforce. Spring 2009
...and implement a program to provide workforce housingfor city employees. Workforce
housing for city employees will be reviewed as a component of an overall benefit package.
Spring 2009
· Develop a Long-Term Planfor all City Facilities and Properties. Council heard a report from
the Facilities Master Plan Committee in July 2008 and will review the report in depth at a study
session in November 2008. Spring 2009
· Generate Net Increase in Affordable Housing. Council heard a report from staff in May 2008
which included an eighteen month housing plan to meet the Council goal. Council voiced
support for the short term plan to achieve the housing goal. January 2010
· Communitywide Strategic Planning Process. This goal is a combination of the Economic
Development Strategy goal and the City Visioning goal. In the spring of 2008 Council
supported combining these two goals. Council will hear an update from staff on the proposed
timeline and implementation of the goal in November. Ongoing/anticipated completion Fall of
2010
· Develop a Citywide Transportation Strategy. The goal has been divided into two phases. The
first phase updates the 10-year old Transportation Master Plan's Capital Improvement Project
(CIP) list, associated Transportation System Development Charges (SDC's) and evaluates
Ashland Transit needs. The second phase will include a full evaluation of the Transportation
Master Plan that includes land use and access management. The first phase of the project is
near completion. The City's TSP update consultant (HDR) presented the draft TSP master plan
to the City Council at the Council Work Session on October 6,2008. The TSP update which
includes the CIP list and associated SDC increases will be presented to the City Council for
adoption in December 2008. The transit element will be added to the second phase of the
project as Ashland future Transit needs are completed and will take more time to finalize. The
second phase of the project anticipates State funding through an Oregon Transportation &
Growth Management (TGM) grant. The TGM grant cycle begins in the spring 2009 so the
anticipated date to complete the second phase of the project is fall 2010.
· Complete Downtown Planning Process. This goal will be incorporated in the Draft Strategic
Plan and Action Steps, an outcome of the Strategic Planning process. Summer 2010
Page 2 of3
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· Increase Effectiveness in Conservation Programs. Council heard a presentation from the
Director of Electric Utilities in April. Council supported the addition of a new staff position to
develop and oversee additional conservation programs. The new staff position was not
approved during the budget process consequently no new conservation programs will be added.
Current conservation staff will continue to focus on existing programs. Ongoing
· Develop a Strategy for the Railroad Property Staff will begin work on this goal after
completing the Crowman Planning Process goal. Begin Summer 2009.
CITY OF
ASHLAND
Timeline
Winter 2008
Spring 2009
Begin Communitywide Strategic Planning
Adopt Water Resource (Riparian) Ordinance
Adopt Crowman Plan and Code Amendments
Develop employee continuity strategy
Begin to develop strategy for Railroad Property
Complete short term housing plan for increase affordable housing
Complete Strategic Planning Process
Adopt Strategic Plan and Action Steps
Community Policing
Fiscal Stability
City Facilities and Properties
Transportation and Transit
Effectiveness of Conservation Programs
Summer 2009
January 2010
Summer/Fall2010
Fall/Winter 2010
Ongoing
Related City Policies:
Council Goal Setting
Council Options:
Accept the time line as proposed.
Identify changes to the time line and provide new direction to staff.
Potential Motions:
I move to accept the time line for completion of Council Goals as presented.
I move to modify the timeline for completion of Council Goals by
Attachments:
None
Page 30f3
r.l'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
IGA with ODOT for Lloyd Haines Public Art
October 7, 2008 Primary Staff Contact: Ann Seltzer
Administration E-Mail: seltzera@ashland.or.us
Legal Secondary Contact: Adam Hanks
Martha Be Estimated Time: Consent
Question:
Does the City Council wish to enter into an intergovernmental agreement (IGA) with the Oregon
Department of Transportation (ODOT) for the installation and maintenance of the Lloyd Haines
murals under the Lithia Way Bridge?
Staff Recommendation:
Staff recommends Council enter into the IGA.
Background:
At the regular meeting on March 18, 2008 the City Council approved the recommendation of the
Public Art Commission (PAC) to accept the public art gift of murals from Lloyd Haines. In addition,
the City Council approved the conditions of acceptance (attached) submitted by the PAC detailing the
required steps for installation and a contract between the City and Haines for installation and
maintenance.
The City applied for and received from ODOT the attached IGA authorizing the installation of the
murals on the underside of the Lithia Way Bridge. The PAC applied for and received a conditional use
permit (findings attached) from the City of Ashland to display the murals, under the governmental
signs section of the Ashland Sign Code (AMC 18.96.150)
Once the IGA is signed by both the City and ODOT, the City will notify Mr. Haines. The City will
then enter into a contract with Mr. Haines for the installation and maintenance of the art per the
conditions of acceptance of the donation of the art. The contract between the City and Mr. Haines
ensures that the obligations of the City detailed in the ODOT IGA are essentially transferred to Mr.
Haines thereby minimizing any ongoing expenses related to the installation and maintenance of the art.
This agreement will be executed by the City Administrator.
Related City Policies:
AMC 18.96.150
Council Options:
1. Approve the intergovernmental agreement between the City and ODOT for the installation of
the Haines murals and authorize City Administrator to negotiate/ execute agreement with
Lloyd Haines.
2. Postpone consideration and provide direction to staff.
Page 1 of2
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CITY OF
ASHLAND
Potential Motions:
1. I move to approve the intergovernmental agreement between the City and ODOT for the
installation of the Haines murals.
2. I move to deny approval of the intergovernmental agreement between the City and ODOT.
Attachments:
· IGA
· Conditions of acceptance from the PAC and approved by the City Council.
· CUP Approval Findings
Page 2 of2
r~'
Misc. Contracts and Agreement
No. 25126
INTERGOVERNMENTAL AGREEMENT
Ashland Creek Bridge, Rogue Valley Highway (Northbound)
Bridge Walkway Mural Artwork Maintenance
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and the City of Ashland, acting by and through its elected officials, hereinafter referred to
as "Agency", collectively referred to as the "Parties."
RECITALS
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter
into agreements with units of local government or other state agencies for the
performance of any or all functions and activities that a party to the agreement, its
officers, or agents have the authority to perform.
2. Agency's Planning Commission approved a Governmental Sign Conditional Use
Permit (Planning Action 2008-00813) for the installation of artwork on the underside
of Ashland Creek Bridge, Rogue Valley Highway (Northbound), hereinafter referred
to as "bridge walkway mural artwork". Agency's conditions of approval include this
Agreement to be signed by State and Agency for the maintenance of the bridge
walkway mural artwork.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State wishes to retain the services of Agency to perform
maintenance of the bridge walkway mural artwork attached to the underside of
Ashland Creek Bridge, Rogue Valley Highway (Northbound).
2. The term of this Agreement shall begin on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the bridge walkway mural artwork. The useful life
is defined as twenty (20) calendar years.
AGENCY OBLIGATIONS
1. Agency shall perform routine maintenance and upkeep for the bridge walkway mural
artwork.
Agency/State
Agreement No. 25126
2. Upon thirty (30) day notice from State, Agency shall remove bridge walkway mural
artwork for State's routine inspection and maintenance of the Ashland Creek Bridge,
Rogue Valley Highway (Northbound). Upon completion of State's inspection, Agency
will be notified that the bridge walkway mural artwork can be reinstalled. Agency
understands the routine inspection occurs every two years, but could be more
frequently, depending on the condition of the Ashland Creek Bridge, Rogue Valley
Highway (Northbound).
3. Agency shall conduct all maintenance for the bridge walkway mural artwork
according to industry standards.
4. Agency agrees to comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this Agreement.
Without limiting the generality of the foregoing, Agency expressly agrees to comply
with (i) Title VI of Civil Riqhts Act of 1964; (ii) Title V and Section 504 of the
Rehabilitation Act of 1973: (iii) the Americans with Disabilities Act of 1990 and ORS
659A.142; (iv) all regulations and administrative rules established pursuant to the
foregoing laws; and (v) all other applicable requirements of federal and state civil
rights and rehabilitation statutes, rules and regulations.
5. Agency shall perform the service under this Agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
its employment of individuals to perform the work under this Agreement including,
but not limited to, retirement contributions, workers compensation, unemployment
taxes, and state and federal income tax withholdings.
6. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Agency shall ensure that each of its subcontractors complies
with these requirements.
7. Agency shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, indemnify, defend, save,' and hold harmless the State of Oregon,
Oregon Transportation Commission and its members, Department of
Transportation, its officers and employees from any and all claims, suits, and
liabilities which may occur in the performance of this Project. The Agency shall
assume full responsibility for any and all damage to the murals from water leakage
through the bridge deck and any other damage sustained in the execution of
maintenance or inspection work on the bridge by State forces.
8. Notwithstanding the foregoing defense obligations under the paragraph above,
neither Agency nor any attorney engaged by Agency shall defend any claim in the
name of the State of Oregon or any agency of the State of Oregon, nor purport to
2
I -- ~-
Agency/State
Agreement No. 25126
act as legal representative of the State of Oregon or any of its agencies, without the
prior written consent of the Oregon Attorney General. The State of Oregon may, at
anytime at its election assume its own defense and settlement in the event that it
determines that Agency is prohibited from defending the State of Oregon, or that
Agency is not adequately defending the State of Oregon's interests, or that an
important governmental principle is at issue or that it is in the best interests of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any
claims it may have against Agency if the State of Oregon elects to assume its own
defense.
9. Agency's Project Manager is the Permit Center Manager, City of Ashland, 51
Winburn Way, Ashland, OR 97520; or assigned designee upon individual's
absence.
STATE OBLIGATIONS
1. State grants Agency the authority to enter State right of way for the maintenance of
the bridge walkway mural artwork as provided for in miscellaneous permit to be
issued by State District 8 Office.
2. State shall, at least thirty (30) days prior to State's scheduled inspection of the
Ashland Creek Bridge, notify Agency to remove bridge walkway mural artwork for
State's routine inspection and maintenance. State shall notify Agency when bridge
walkway mural artwork can be reinstalled.
3. State's Project manager is District 8 Manager, ODOT Region 3, Rogue Valley Area
Office, 100 Antelope Road, White City, OR 97503, or assigned designee upon
individual's absence.
4. State reserves the right to remove the bridge walkway mural artwork, if in the
judgement of the State, a condition exists in the bridge deck that endangers or
potentially endangers the public, including either traffic on the deck or pedestrians
under the bridge. State shall notify Agency after removal; Agency will then assume
responsibility for the artwork and its re-installation after repairs are made to the
bridge.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of both Parties.
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
3
Agency/State
Agreement No. 25126
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
3. Agency acknowledges and agrees that State, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of Agency which
are directly pertinent to the specific Agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of six (6) years after final
payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by State.
4. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
5. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and
year hereinafter written.
On June 18, 2003, the Oregon Transportation Commission approved Delegation Order
No. 4 which delegates to the Director, Deputy Director, Highways, Deputy Director,
Central Services and Chief of Staff the authority to approve and execute agreements up
to $75,000 not included in the Statewide Transportation Improvement Program or not
included in a line item in the biennial budget approved by the Commission.
On August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer
approved Subdelegation Order No.5, in which the Director, Deputy Director, Highways
and Chief Engineer delegate authority to the Region Managers to approve and sign
4
Agency/State
Agreement No. 25126
intergovernmental agreements up to $75,000 not included in the Statewide
Transportation Improvement Program (STIP) or not included in a line item in the
biennial budget approved by the Commission, provided that engineering sufficiency is
recommended by the T echnicar Services Manager/Chief Engineer.
City of Ashland, by and through its
elected officials
STATE OF OREGON, by and through
its Department of Transportation
By
By
Region Manager
Date
Date
By
APPROVAL RECOMMENDED
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
District 8 Manager
Date
By
Cou nsel
By
State Bridge Engineer
Date
Date
Agency Contact:
Adam Hanks
Permit Center Manager
City of Ashland
Dept. of Community Development
51 Winburn Way
Ashland, OR 97520
REVIEWED FOR STATE BY
By
Assistant Attorney General
Date:
5
March 18, 2008
Recommendation to the City Council
from the
Public Art Commission
Donation of Public Art
The Public Art Commission recommends the City Council accept the gift of eight panels of
public art offered by local resident Lloyd Haines based on the following criteria and conditions of
acceptance.
Since the PAC was not involved in developing the overall artistic concept or in the artist
selection, the commission is unable to use established criteria to evaluate the art itself and
therefore is unable to comment on the strength of the design concept, artistic excellence and
innovation, artist experience in exterior works of art, appropriateness of the art, ease of
maintenance etc.
The commission evaluated the art based on the following limited criteria.
1) Aesthetics: The art enhances the aesthetics of the area under the overpass and
complements improvements previously completed in that area. Installation of the art
provides decoration and lighting.
2) Taste: The PAC does not find the work offensive.
3) Feasibility: The installation is technically feasible based on input from ODOT and City of
Ashland building division.
4) Costs: The permit process, installation, electrical and maintenance are of no cost to the
City of Ashland.
Conditions for acceptance
1) Full installation costs for the art, the lighting and necessary permits are borne by the
donor.
2) The donor will supply all required information necessary to complete the permit
applications.
3) Annual maintenance and insurance is borne by the donor. The donor will provide City
with copies of insurance and annual maintenance schedule.
4) No signs explaining the art or artists are permitted other than a simple plaque identifying
the name of the art, the artist and the donor as has been done with other public art
installati ons.
Permit Manager, Adam Hanks prepared the following information which details the installation
requirements. In the opinion of Mr. Hanks, the staff time associated for processing the required
permits falls within the normal staff duties associated with Type 1 planning actions for
conditional use permits. A Type 1 planning fee is $882.
A City electric meter currently exists near the site and supplies power for irrigation and ground
lighting for the area under the overpass. Staff recommends the electrical lighting for the art be
connected to that meter.
Process for Lloyd Haines art installation:
1
1) City applies for a permit from ODOT allowing the art and electrical lighting to be
attached to the underside of the bridge. This will require staff time to prepare necessary
permit documents. (approximate staff time of 8 hours)
· Mr. Haines provides the City with detailed engineering plans for .the installation of
both the art panels, the lighting and traffic control plan, which will be subject to
ODOT approval. The electrical plans must indicate city power source.
· ODOT will require completed bonding and insurance forms provided by the City as
well as an agreement between the City and ODOT for maintenance and protection of
the facility.
· Approximate timeline: 2 months
2) Once the permits have been secured, the City must submit a request for a conditional use
permit (CUP) to the City of Ashland. (Governmental agencies may apply for a CUP to
place a sign that does not conform to the sign code AMC18.96 when the sign furthers the
agency's public purpose.). The process involves review of the request by Planning Staff,
with Planning Commission review and potentially a public hearing in front of the
Planning Commission if requested by anyone in the community within the "call up"
timeframe.
· This will require staff time to coordinate information with the Public Arts
Commission and prepare the necessary documents for the CUP and background
material for the Planning Commission. (approximate staff time 6 - 8 hours)
· Approximate time line: 2 to 3 months
3) Once the CUP is secured, the electrical contractor for Mr. Haines needs to secure an
electrical permit from the City.
4) At that point the art and electrical can be installed and must be inspected by a City
Building Inspector before the site may be illuminated.
5) Mr. Haines will provide a contract detailing the transfer of ownership, liability insurance
and maintenance schedule.
2
ASHLAND PLANNING COMMISSION
FINDINGS & ORDERS
PLANNING ACTION: 2008-00813
SUBJECT PROPERTY: Water Street Bridge/Overpass.
APPLICANT: City of Ashland
DESCRIPTION: Request for a Governmental Sign Conditional Use Permit for the installation of
artwork on the underside of the Oregon Dept of Transportation bridge/overpass located within the right
of way between the properties addressed as 51 Water St and 96 North Main St.
COMPREHENSIVE PLAN DESIGNATION: Commercial ZONING: C-1; ASSESSOR'S MAP #:
TAX LOT: N/ A - Located within ODOT Public right of way
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
DEADLINE TO REQUEST A HEARING DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
May 21, 2008
May 21, 2008
May 21,2008
June 2, 2008
June 11, 2008
June 11,2009
DECISION
Following direction from the Ashland City Council, the City of Ashland Public Arts Commission has
made an application for a Conditional Use Permit to install framed artwork on the underside of the
Water Street bridge overpass. The artwork was donated to the City of Ashland by an adjacent property
owner. The donation of the art was approved, with conditions, by the Ashland City Council.
The artwork meets the definition of a sign but does not conform to the Sign Code for placement of signs.
With a Conditional Use Permit, a sign, which does not conform, to the Sign Code may be permitted
when it is determined that the sign furthers the purposes of the Governmental agency applying for the
Conditional Use Permit. (18.96.150 - Governmental agencies may apply for a Conditional Use to place
a sign that does not conform to this Code when the Commission determines that, in addition to the
criteriafor a conditional use, the sign is necessary to further that agency's public purpose. (Ord.2557,
1985; Ord. 2440, 1988))
As recognized by the City of Ashland, the intent of the Public Arts Commission it to encourage artists
capable of creating works of art in public places and enhance Ashland's standing as a regional leader in
the arts. A stated goal of the Public Arts Commission is "The encouragement of human interaction with
public places, areas which provide for public ownership and accessibility, via the placement of works of
art." The area under the Water Street bridge overpass is State of Oregon Right-of-Way property but the
landscaping and grounds maintenance is performed by the City of Ashland Parks and Recreation
Department, making the area a sort of functional access from North Main Street to the nearby Bluebird
Park.
Based on the information provided in the application Staff feels the installation of the artwork on the
under side of the Water Street bridge overpass meets the requirements for a Conditional Use Permit and
furthers the goals of the City of Ashland Public Arts Commission and the City of Ashland as a whole.
P A #2008-00813
Water Street Bridge overpass/ad a
Page 1
The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows:
A. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or F ederallaw or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target use of the zone.
When evaluating the effect of the proposed use on the impact area, the follOWing factors of
livability of the impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
D. The variance requested is the minimum variance which would alleviate the difficulty.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2008-00813 is approved with the following conditions. Further, if anyone or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2008-
00813 is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) That all electrical permits as required by the City of Ashland shall be obtained prior to the
installation of the artwork or any lighting shown on the submitted plans.
3) That all engineering for the lighting and artwork installation shall be submitted and approved by the
Oregon Department of Transportation.
4) That all permits as required by the Oregon Department of Transportation shall be obtained and
evidence of such permits shall be provided to the City of Ashland prior to the artwork installation.
5) That the Intergovernmental Agreement for the maintenance of the artwork shall be approved,
recorded and on file with the City of Ashland and the Oregon Department of Transportation prior to
the installation of the artwork.
Bill Molnar, Director
Department of Community Development
Date
P A #2008-00813
Water Street Bridge overpass/ada
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CITY OF
ASHLAND
Council Communication
Local Improvement District Policy Update
Meeting Date:
Department:
Secondary Dept.:
Approval:
October 21, 2008
Public Works Engin
Finance / Legal
Martha Benn
Primary Staff Contact:
E-Mail :
Secondary Contact:
Estimated Time:
Michael R. Faught 552-2411
faughtm@ashland.or.us
Paula Brown 488-5587
30 minutes
Question:
Will Council consider amending Ashland Municipal Code (AMC) 13.20 Local Improvement and
Special Assessments and Repealing Resolution 1999-09? '
Staff Recommendation:
Staff recommends Council consider amending Ashland Municipal Code (AMC) 13.20 Local
Improvement and Special Assessments and Repealing Resolution 1999-09.
Background:
Previous Council Actions
April 2, 2007 Study Session - following a staff presentation regarding LID's, the Council
consensus was to maintain LID's but expressed a need to review Resolution No. 1999-09.
November 5, 2007 Study Session - former Public Works Director, Paula Brown, presented
the following six (6) issues for the Council to consider regarding LID Policy.
· Continue to utilize LID's as viable and important funding mechanisms for future
improvements;
· Consider further evaluation to develop City's funding cap and specific logic in
identifying property owner approval and assessments to fund LID's;
· Modify Resolution 1999-09 once revised assessment methodology and funding caps
are determined;
· Wait for updated Transportation System Plan (TSP) to prioritize the current list of
LID's;
· Prioritize current list of LID's for road pavement based on traffic volumes and
neighborhood support;
· Consider utilizing LID's to establish funding mechanisms for electric underground
services, street lights and other non-traditional utility enhancements.
Staff provided information on how other cities handle Local Improvement Districts, current
assessment methodologies, current cost sharing, a list of projects and a summary of granite
surfaced streets. In addition, staff provided a list of recommended revisions as follows:
· Cap City's share at 40% with the affected property owners responsible for their share
at 60%;
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· "Administrative" cost portion of all LID projects be expanded to include all design,
engineering, construction management, legal and other administrative costs incurred
by the City of Ashland;
· If cap is not removed, then any deferred street improvements have an initial
assessment that is also adjusted annually for inflation;
· Require written petition which would be considered valid only when property is
owned by petition signers, added to any property within the proposed district owned
by the City or represents more than 67% of the property in the proposed district as
measured by the proposed assessment methodology;
· Remonstrance language be specific to only those property owners within the
proposed district;
· Council extend the remonstrance period from 6 months to one year after which time
it is incumbent upon the original petitioners to re-engage the Council for renewed
consideration for the proj ect;
· Boundaries of the specific LID be defined by the City Engineer in consultation with
the Planning Director; proposed LID gain acceptance by the new Transportation
Commission prior to the initial petition going to the Council for approval;
· No requirement for "signed in favor" agreements;
· Plan ahead for LID's; allow only one LID for sidewalk improvements and one LID
for street improvements in any fiscal year as determined during the budget and CIP
process.
The City Council then provided the following input on the LID issue:
· Concern voiced on limiting number of LID's per year
· Support for cap and required written petitions valid only when property owned by
petition signers
· Better understanding of deferral process
· Basic support for all staff recommendations
· Concern voiced that no LID's may be approved based on percentage methodology
· Noted that LID's can be used for parking and transit
· Concern voiced by several councilors in regards to the "signing in favor"
· Question if construction inflation rate could be used in relation to cap
· Storm water criteria and safety should be added
· Concern voiced on "administrative" costs
· Further clarification on extension of remonstrance timeframe
· One dissent in regards to boundaries being defined by City Engineer and consultant
· Suggestion to look at concept of hill developments and their effect on properties
· Percentage methodology needs review
Given the Council input/feedback and recent staff changes, staff is now bringing the issue of LID back
to the Council to address proposed ordinance revisions. In addition, staff would like to continue the
conversation as it relates to Council input and from a new perspective.
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To that end, staffhas developed two new questions based on the existing AMC 13.20 Local
Improvement and Special Assessments language and Resolution 1999-09. Those questions are as
follows:
· Should the City continue to define LID policy though a resolution? Or should all
proposed LID revisions be reflected through an amendment to AMC 13.20?
· Should the City continue to subsidize LID projects with street funds when the existing
improved street system has a $2 million per year backlog of street repair projects?
The question of subsidizing LIDs is one of equity and competing street maintenance needs. The equity
issue is framed by considering the difference between the cost and value of a home on an unimproved
street compared to one that was built on an improved street (a street constructed to city standards: curb,
gutter asphalt, etc.). Those who purchase a home on an improved street pay the cost for the new street
as opposed to those who purchase a home on an unimproved street. The City's current LID policy
subsidizes the reconstruction of unimproved streets with limited street funds. Those who live on
improved streets are either paying a portion of the subsidy (through street user fees) or are impacted by
the subsidy because their improved street is not adequately maintained.
Therefore, the question before the City Council is whether or not it is equitable or fiscally responsible
to continue the practice of subsidizing all LID projects. Having posed the question, staff thinks that
there may be some projects (sidewalk, utilities, etc) that do merit city subsidies. However, staff
recommends that those subsidies be considered on a case by case basis and that the City Council
consider eliminating the fixed LID subsidy.
The question of whether or not to set LID policy by resolution is the second question posed by staff. It
appears that Resolution 1999-09 was approved as a method of determining the process to subsidize
LIDs. If the Council determines that LID subsidies should not be provided for all LID projects, then
staff would suggest that the resolution needs to be repealed and not revised.
In addition to the two new questions, staff s responses to the Council in regards to the LID concerns
raised at the November 5, 2008 Council study session are as follows:
1. The Council voiced concern on limiting number of LID's per year.
Response: If the Council concurs with staff s recommendation to remove the LID subsidy, then
the number of LIDs projects would likely be reduced. Even if the subsidy is not removed, a
decision would need to be made as to whether or not there is sufficient staff to process a new LID
which will be determined on a case by case basis.
2. The Council voiced support for cap and required written petitions valid only when property is
owned by petition signers.
Response: Removing the LID subsidy would eliminate the need for a cap and Section 13.20.020
(B) addresses the petition validity question.
B. By written petition requesting the local improvement signed by the owners of
property that would benefit specially from the local improvement and that would
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have at least 600/0 of the anticipated assessment as estimated by the city engineer.
Property within the proposed district boundary. owned by the City. shall be counted in
support of local improvement district formation at the same rate as any other property
owner using the same methodology proposed for the local improvement.
3. The Council requested a better understanding of deferral process.
Response: This process will be explained in more detail at the October 21, 2008 Council Meeting.
However, the brief explanation of the LID deferral process is as follows: If during the LID
assessment process it is determined that the assessment should be based on potential unit
measurement, then those property owners with lots large enough to be partitioned into two or more
units can request to defer their LID assessment on their "potential units." The account will continue
to accrue interest and the debt is due in full when there is a sale, contract to sell or any other
transfer occurs. The property must have an assessment levied for all potential units.
4. The Council indicated basic support for all staff recommendations.
Response: The October 21, 2008 Council Meeting will provide additional refinement of the LID
process.
5. The Council voiced concern that no LID's may get approved based on percentage
methodology.
Response: This is a valid concern. If subsidies are removed and the requirement to have at least
600/0 of the property owners who would benefit from the LID sign the petition for a proposed LID,
then it is likely that the City will see fewer LID formation petitions. However, it is important to
note that the City Council can, at its discretion, create an LID for a project.
6. The Council also noted that LID's can be used for parking and transit.
Response: Staff is recommending AMC amendments to 13.20 that would provide a mechanism to
use LIDs for most local improvements. The proposed AMC language is as follows:
Whenever the council in its discretion deems it necessary to make any local
improvement to construct.. alter.. repair.. or improve any street.. transit.. parkin2..
sewer.. water.. irri2ation.. sidewalk.. electric.. fiber network.. street 1i2hts.. storm
drain or any other local improvements to be paid for in whole or in part by special
assessment, the council may declare its intention to make the local improvement by
adopting an improvement resolution. The proposed local improvement may be initiated
by either of the following methods:
7. Several councilors voiced concern in regards to the "signing in favor".
Response: "Signing in favor" means that a property owner within the proposed LID assessment
district has signed a Non-Remonstrance Agreement in favor of a future LID project. This is an
important tool as all land divisions, including partition approval requests, may require street
improvements. Street improvements along property lines impacted by a proposed partition request
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are usually between 50' to 100' long. Building a street under those conditions can be expensive and
difficult to design. Non-Remonstrance agreements allow the property owner to defer the required
street improvements for a future LID proj ect.
It is important to note that a Non-Remonstrance Agreement will be counted as part of the 60% in
favor of the proposed LID project. In addition, the City Attorney has provided proposed AMC
amendments regarding Non-Remonstrance Agreements. See proposed AMC amendment #2 below.
8. The Council questioned if construction inflation rate could be used in relation to cap.
Response: This is not an issue if the Council decides not to provide a funding subsidy for LIDs.
9. The Council indicated that storm water criteria and safety should be added.
Response: This issue is covered in the response to item #6 above.
10. The Council voiced concern about "administrative" costs.
Response: This item can be discussed in more detail at the October 21, 2008 City Council
Meeting: however, administrative costs can legitimately be added to the overall cost of a LID
proj ect.
11. The Council requested further clarification on extension of remonstrance timeframe.
Response: Staff is now recommending that there be no extension of remonstrance timeframes. See
proposed AMC amendment #3 below.
12. One dissent in regards to boundaries being defined by City Engineer and consultant.
Response: This issue can be further defined at the October 21, 2008 City Council Meeting.
13. The Council suggested staff look at concept of hill developments and their effect on properties
Response: Staff would like to engage the Council further on this issue at the October 21, 2008 City
Council Meeting.
14. The Council indicated that the percentage methodology needs to be reviewed.
Response: Staff is proposing AMC 13.20 amendments that would require at least 60% "in-favor"
petitioners (which include all Non-Remonstrance Agreements) as outlined in the proposed AMC
amendment #2 below:
The following recommended amendments to AMC 13.20 Local Improvement and Special Assessments
reflect Council input as well as staff s recommendation to discontinue the practice of subsidizing all
LID projects and to repeal Resolution 1999-09. The attached (attachment "A") draft Ordinance
provides the following specific revisions:
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1. AMC 13.20.010 Definitions
B. "Local Improvement" has the meaning given under ORS 310.140 (9) (a) means
a capital construction proiect. or part thereof. undertaken by a local government. pursuant to
ORS 223.387 to 223.399. or pursuant to a local ordinance or resolution prescribing the
procedure to be followed in making local assessments for benefits from a local
improvement upon the lots that have been benefited by all or a part of the improvement.
(A) That provides a special benefit only to specific properties or rectifies a problem
caused by specific properties.
2. AMC 13.20.020 Initiation of Local Improvements
Whenever the Council in its discretion deems it necessary to make any local improvement
to construct. alter. repair. or improve any street. transit. parking. sewer. water. irrigation.
sidewalk. electric. fiber network. street lights. storm drain or any other local improvements
to be paid for in whole or in part by special assessment, the Council may declare its
intention to make the local improvement by adopting an improvement resolution. The
proposed local improvement may be initiated by either of the following methods:
B. By written petition requesting the local improvement signed by the owners of property
that would benefit specially from the local improvement and that would have at least 60%
of the anticipated assessment as estimated by the city engineer. Property within the
proposed district boundary. owned by the City. shall be counted in support of local
improvement district formation at the same rate as any other property owner using the same
methodology proposed for the local improvement
3. AMC 13.20.050
C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be
specially assessed for the improvement, or the owners of property which will be assessed
for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to
the improvement, then action on the improvement shall be suspended for six (6) months.
Once the six (6) months has expired it is the petitioner's responsibility to re-submit a new
petition for the proiect that meets the requirements outlined in 13.20.020 (B). Action on
sidewalks or on improvements unanimously declared by the council to be needed at once
because of an emergency shall not be subject to suspension by a remonstrance of the
owners of the property to be specially assessed.
Notwithstanding any document or agreement obligating an owner, or the owner's successor
in interest, to be in favor of improvements or in favor of a local improvement district, or
any document of agreement waiving an owner's or successor's right to remonstrate against
improvements of a local improvement district, such owner or successor may appear at the
public hearing and exercise their First Amendment right to oppose or support the proposed
local improvement district. but such exercise shall not invalidate existing contractual
waivers of remonstrance. (Ord 2837 SI, 1999)
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Related City Policies:
· AMC 13.20 Local Improvements and Special Assessments (online)
· City of Ashland Budget and Capital Improvement Plan
· Ashland 1998 Transportation System Plan; W &H Pacific (online)
· ORS Chapter 223 - Local Improvements and Works Generally ( online)
Council Options:
1) The City Council could deteImine that the proposed amendments to CAMC) 13.20 Local
Improvement and Special Assessments and Repealing Resolution 1999-09 are appropriate and
direct staff to bring the draft Ordinance to Council for approval.
2) The City Council could decide to provide staff with additional recommendations and direct
staff to bring proposed modification to the Council at a later date.
Potential Motions:
1) Move to direct staff to bring an Ordinance amending AMC 13.20 Local Improvement and
Special Assessments and Repealing Resolution 1999-09 for approval.
2) Move to direct staff to modify ( ) the draft Ordinance amending AMC 13.20 Local
Improvement and Special Assessments and Repealing Resolution 1999-09 for approval.
Attachments:
1. Council Communication (Study Session), April 2, 2007; General Discussion on the Future of
Local Improvement Districts (with attachments)
2. Council Communication, November 5,2007; Study Session: Local Improvement District
Process Update and Next Steps (without attachments which can be found online)
3. AMC 13.20 Local Improvements and Special Assessments; with changes as proposed by the
City Attorney and Public Works Director.
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MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, April 2, 2007 at 5:15 p.m.
Council Chambers, 1175 East Main Street
ASHLAND CITY COUNC1L MEETING
AP R1L 2, 2007
PAGE J of3
CALL TO ORDER
Mayor Morrison called the meeting to order at 5:16 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Silbiger, Hartzell, Hardesty, Navickas and Jackson were present. Councilor Chapman arrived at
5:19 p.m.
Mayor Morrison reviewed the agenda and requested Council identify which items on the April 3, 2007
Regular Meeting agenda they would like further information from staff on.
Councilor Hardesty requested they discuss the Schofield/Monte Vista LID, Council Rules, and the Outdoor
Burning Ordinance.
1. Look Ahead Review.
City Administrator Martha Bennett reviewed the items on the Look Ahead. She noted staff will add an
overview of the city attorney selection process to the April 16,.2007 Study Session and staff will also be
adding an Executive Session to April 17, 2007 Council Meeting to discuss pending litigation. Ms. Bennett
noted the items to be covered at the April 17, 2007 Council Meeting include: the swearing in of the new
Police Chief, an update of the ordinance that will need to be amended if the charter measure passes, a public
hearing for the supplemental budget, and the condo conversion ordinance. She stated there will be a Study
Session on April 30, 2007 to discuss parade permit procedures, and the May 1,2007 Council Meeting will
include the possible appeal of the GlennIN. Main project and a public hearing for the Nevada Street LID final
assessment. Ms. Bennett noted there will likely be an Executive Session on May 1, 2007 to discuss the
selection of the City Attorney and stated staffhas tentatively scheduled an update on the PERF Report for May
15, 2007. She also noted the new section listed at the bottom of the Look Ahead document titled "Future
Topics Not Yet Scheduled".
Request was made for staff to add the Transient Occupancy Tax to the "Topics Not Yet Scheduled" section.
2. Discussion of Local Improvement Districts (LIDs).
Public Works Director Paula Brown requested the Council discuss whether they want to continue to use Local
Improvement Districts (LIDs). She noted the packet materials include the historical perspective of LID's in
Ashland, the background of specific LIDs, and information on Resolution 1999-09. Ms. Brown clarified
Resolution 1999-09 indicates the percentages at which the City contributes as the following: sidewalks (60%),
storm drains (75%), street surface (200/0), with the engineering and administrative costs split between the City
and the assessment district. She added that due to the rising cost of materials and labor and the assessment cap
included in the Resolution, the City's is currently paying approximately 75% of the LID costs.
Ms. Brown explained that it is up to the Council whether the City should continue with LIDs. She explained if
they decide to stop this process, they will need to reevaluate their policy for paving streets. She added that
depending on the outcome of this policy decision, staff could turn to the Street Financing Task Force to
determine how future street paving could be funded. Ms. Brown noted that there is roughly 10 miles of streets
and alleys within the City. She stated that there are some activities that staff can do to maintain the streets if
they are not paved, but due to the Council's current paving policy, staff does not typically go out more than
,~
twice a year to grade the unpaved streets.
ASHLAND CITY COUNCIL MEETING
APRIL 2, 2007
PAGE 2 of3
Ms. Brown clarified the Council is responsible for making the decision on whether to continue with LIDs.
Should they move forward and continue using LIDs, staff's recommendation is to send to the Street Financing
Task Force the finance element only, including: how does the City finance LIDs, what is the cost to the City,
what is that added benefit from the local improvement area, and is the pain of an LID worth the financing the
City receives. She stated the Street Financing Task Force would look at the data and bring a recommendation
to the Council. She added that staff is not recommending that this group look at modifying Resolution 1999-
09.
Ms. Brown clarified Resolution 1999-09 identifies that the assessment is based on the number of potential
units and noted the Planning Department is responsible for computing the number of lots based on the zoning,
infill requirements, and the policies of the Council.
Art Bullock/Suggested the Council separate the issue of should Ashland pave all remaining unpaved streets
from the issue of changing the LID policy. He noted he had conducted a survey and the majority of individuals
felt that the majority of a neighborhood should be in support of an LID before one can be formed. He stated
that the current LID process is broken and noted that individuals with several potential lots can be assessed
large amounts. Mr. Bullock stated that LIDs can create hard feelings amongst neighbors and stated that the
boundaries are a big issue.
Council discussed their preferences on whether to continue with LIDs. Councilor Jackson voiced her support
in continuing with LIDs, but suggested that the resolution could use some refinement. Councilor Navickas
suggested the Council reevaluate their policy for paving all Ashland streets. He stated an LID could be a good
tool when there is a greater percentage of approval in the neighborhood and noted the need to adjust the
resolution to make LIDs fairer. Councilor Hardesty voiced her preference for there to be less emphasis on
LIDs at this time, and recommended that they concentrate on LIDs for areas where sidewalks are needed for
school children. Mayor Morrison commented on the benefits associated with the current policy of paving
streets and recommended they come up with a more easily determinable policy for assessing the LIDs costs.
Councilor Chapman shared his experience with having to pay for the installation of sidewalks and a fire
hydrant in front of his home because the City did not require the developer to put them in. He stated there
elements he does not like about the way LIDs work, however he has not yet figured out a better way to do
things. Councilor Hartzell stated she is in favor of continuing to pave streets, but agreed that the resolution
should be looked at. She recommended this issue not be forwarded to a committee to tackle the policy
questions, and suggested staff provide a list of all LIDs with criteria in order for Council to prioritize.
Councilor Silbiger stated that LIDs are a useful tool, but the resolution needs to be reviewed.
Council consensus was to maintain LID's, but to review the Resolution 1999-09. Ms. Brown recommended
not taking on this project until after the budget season. She stated it is important that the Planning Department
be involved in this process and suggested a Study Session be held in October.
Comment was made requesting that staff prepare a memo on the ideas and concerns that have been brought
forward at tonight's meeting. In addition, request was made for staff to bring forward a recommendation for
an annual target to be spent on LIDs. Suggestion was made for a subcommittee of members of the Council and
Planning Commission be formed to discuss what the appropriate improvements for a neighborhood are.
3. Review of Regular Meeting Agenda for April 3, 2007.
Outdoor Burning Ordinance
Councilor Hardesty questioned if the purpose of the burning of noxious weeds is for wildfire fuels reduction.
ASHLAND CITY COUNCIL MEETING
APRIL 2, 2007
PAGE 3 of3
City Administrator Martha Bennett clarified in some cases removing noxious weeds can cause them to spread
and it is beneficial to burn these on site. She noted in other instances it may be difficult to get to an area to
remove the weeds and burning may be the only way to eliminate them. Comment was made noting that a burn
permit is required regardless of whether the property is inside or outside the wildfire reduction area. Ms.
Bennett noted that the Fire Department is recommending a reduction in the amount of burning that can take
place, the question before Council is whether this is enough of a reduction.
Council Rules
Councilor Hardesty voiced her concern with having this on the agenda and stated that there are two elements
that have yet to be resolved. Councilor Silbiger offered a brief explained as to why he believed this item was
ready to officially come before the full Council.
Schofield/Monte Vista Localltnprovement District
Councilor Hardesty requested clarification on "half street standards". Public Works Director Paula Brown
clarified half street standards is typically sidewalks on one side, curbs and gutters, and often a curb on the
other side as well. She indicated the developer in question did meet the minimum standards from a planning
standpoint. Ms. Brown clarified the width of Monte Vista Street is not sufficient for sidewalks and there is
only enough width on Schofield Street for sidewalks on one side. She also clarified the potential units
identified for the City's cemetery land were based on the size of the lot (per Resolution 1999-09).
ADJORNMENT
Meeting adjourned at 6:49 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
MINUTES FOR THE CITY COUNCIL STUDY SESSION
Monday, November 5, 2007 at 5:15 p.m.
Council Chambers, 1175 East Main Street
Mayor Morrison called the meeting to order at 5: 15 p.m.
Councilors Hardesty, Navickas, Jackson, Hartzell, Silbiger and Chapman were present.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the Look Ahead with the Council and noted several changes and
additions.
2. Review of regular meeting agenda for November 6, 2007
Public Works Director Paula Brown answered questions in regards to the community process for the City
Master Plan. She stated that the proposed process will help the Council make decisions and have the
opportunity to review how facilities work together. The committee will look at current and future space needs
and how they work together geographically. She explained that the fInn hired to do this work has done similar
work locally. Staff recommendation is to approve an ad-hoc committee and bring back the recommendation to
Council for their approval and fmal decision. She stated that the open houses will be open for all to attend.
She noted issues in regards to the need for more civic space and that staff will advise the committee to look at
all options.
Ms. Brown clarified that it is not staff presumption on relocation for council chambers, and that is why they are
asking for pros and cons. She further clarified that staff is considering storage needs for public documents.
Ms. Brown stated that identification of land that could be sold or used for affordable housing was not
addressed but could be brought back to the Council for review. The Facility Master Plan had not been
broadened to include affordable housing and it may be a lot to ask of a consultant to bring this into the mix.
Staff reviewed why the original ad hoc committee was formed, and carrying on the same intent seemed
appropriate along with any additional charges. She clarified that the consultant will give recommendations to
the Council in regards to overall use of City facilities and their location in terms of available properties.
Police Chief Terry Holderness explained the definition of tactical communications and further explained how
budgeted dollars could be used.
Management Analyst Ann Seltzer explained that staff was uncertain where the "gentleman~s agreement," as
discussed by Council in their meetings, should be placed. Staff would like to have further discussion with
Council on where to place this. Interim City Attorney Richard Appicello suggested that this could be
referenced by order of the Council that Council may adopt guidelines to aid in interpretation. City
Administrator Martha Bennett stated staff could provide their best attempt at what the Council would like to
see in this agreement for their review.
Staff agreed to review how items are added to agendas and if these items should be limited to emergency items
or time-sensitive items. In addition, staff requested the consideration of changing "councilors" to "council and
mayor" under item (D) Section 2.04.080.
3. Does the Council have any questions on the progress on the replacement of the Lithia Fountain at
the Plaza?
Pub~ic Works Director Paula Brown and George Kramer, Kramer & Company presented drawings on the
update on the replacement of the Lithia Fountain. She noted that the project came in under budget and voiced
appreciation of the historical nature of this project.
Ms. Brown explained the process in which Lithia water is piped to the fountain area and the difficulty that this
has presented over the years due to water pressure and locating leaks when they happen. She explained that
there is a small amount of money in the water budget for needed repairs. Ms. Brown stated that the flow of
Lithia water is constant and drainage goes back into the water treatment facility.
Mr. Kramer stated that what will be installed is informational signage and noted the location. Ms. Brown
noted the signs will be low enough so visibility would not be an issue.
4. Does the Council have any feedback about the process to review, analyze, and complete an update
of several sections of the City's 1998 Transportation System Plan (TSP), Capital Improvements
Project List and Transportations Systems Development Charges (SDC's)?
Public Works Director Paula Brown spoke in regards to the plan elements and what the next steps would be.
Staff is seeking input on the plan by both Council and the community. She stated that HDR had received the
contract and added it is available on the City website. She stated that the Transit Element is being analyzed
and explained the process in which this will take place. Staffwill be bringing back an updated Transportation
Needs Analysis for Council's review.
Ms. Brown presented the current Capital Improvement Project (CIP) project list as compared to the 1998
project list and what has been completed. She identified projects that have not been completed but noted that
progress has been made over the years. Ms. Brown stated there is a need to continue to discuss transit issues
and proposed a continued discussion with Rogue Valley Transportation District (RVTD) in regards to their
Long Range Plan. She noted the dates of the upcoming meetings and the topics for discussion, including
proposed new System Development Charges (SDC).
Council briefly discussed trans-railway. Ms. Brown noted the disappointment by Council on the lack of
participation but added that the City did receive some press by the local media. Staff will try and do better PR
in order to get more individuals involved.
Ms. Brown stated that ideally visioning comes frrst and that this is a Transportation Master Plan that gives
targets for future visioning for the next 20 years. She noted the Council should not rely on plans that cannot be
changed. The Master Plan is based on what is known today, what future targets are, and uses the current
Comprehensive Plan and Master Plan as guidelines. Councilor Hartzell voiced her concern with spending
money based on future plans and felt that it made more sense to plan for now. Ms. Brown would not
recommend changing direction and stated the City should focus on the Master Plan, as it is a project that does
not allow dependency.
Ms. Brown explained that the Transportation System Plan looks at current zoning and build-out. She gave
examples of how this is internal to Ashland. She clarified that the maximum gas tax, without asking for a vote,
is 5 cents and most cities have been charging between 2 and 4 cents. Staff will be bringing back further
information on this for Council.
Ms. Brown explained that allll)aster plans give a ten-year plan and then move out. She further explained that a
revised CIP will be brought back during the normal budget cycle. She explained what a "financial constrained
plan" means and when the appropriate time would be to implement this constraint and prioritize. Additionally,
she clarified the costs involved.
5. What direction would the Council like to provide to staff about changes it wants to make to City
policies and practices for using Local Improvement Districts (LIDs) to fund street, sidewalk and
storm drain improvements, considering the work done to date to implement the Council's April
2007 direction on LID's?
Public Works Director Paula Brown presented the recommendations by staff and explained how these were
determined. She noted the following six recommendations:
· Continue to utilize LID's as viable and important funding mechanisms for future
improvements
· Consider further evaluation to develop City's funding cap and specific logic in identifying
property owner approval and assessments to fund LID's
· Modify Resolution 1999-09 once revised assessment methodology and funding caps are
determined
· Wait for updated Transportation System Plan (TSP) to prioritize the current list of LID's
· Prioritize current list of LID's for road pavement based on traffic volumes and
neighborhood support
· Consider utilizing LID's to establish funding mechanisms for electric underground
services, street lights and other non-traditional utility enhancements
Staff provided information on how other cities handle Local Improvement Districts, current assessment
methodologies, current cost sharing, a list of projects and a summary of granite surfaced streets.
Staff provided a list of recommended revisions as follows:
· Cap City's share at 40% with the affected property owners responsible for their share at
60%
· "Administrative" cost portion of all LID projects be expanded to include all design,
engineering, construction management, legal and other administrative costs incurred by
the City of Ashland .
· If cap is not removed, then any deferred street improvements have an initial assessment
that is also adjusted annually for inflation
· Require written petition, which will be considered valid only when property is owned by
petition signers, added to any property within the proposed district owned by the City,
represents more than 67 percent of the property in the proposed district as measured by the
proposed assessment methodology
· Remonstrance language be specific to only those property owners within the proposed
district
· Council extend the remonstrance period from 6 months to one year and after that time it is
incumbent upon the original petitioners to re-engage the Council for renewed
consideration for the project
· Boundaries of the specific LID be defined by the City Engineer in consultation with the
Planning Director; proposed LID gain acceptance by the new Transportation Commission
prior to the initial petition going to the Council for approval
· No requirement for "signed in favor" agreements
· Plan ahead for LID's, allow only one LID for sidewalk improvements and one LID for
street improvements in any fiscal year and that this be determined during the budget and
CIP process
Ms. Brown explained the timeline for bringing this back to the Council and requested their input.
Council provided the following input:
· concern voiced on limiting number of LID's per year
· support for cap and required written petitions valid only when property owned by petition
signers
· better understanding of deferral process
· basic support for all staff recommendations
· concern voiced that no LID's may get approved based on percentage methodology
· noted that LID's can be used for parking and transit
· concern voiced by several councilors in regards to the "signing in favor"
· question if construction inflation rate could be used in relation to cap
· storm water criteria and safety should be added
· concern voiced on "administrative" costs
· further clarification on extension of remonstrance timeframe
· one dissent in regards to boundaries being defined by City Engineer and consultant
· suggestion to look at concept of hill developments and their effect on properties
· percentage methodology needs to be reviewed
Meeting was adjourned at 7:17 p.m.
Respectfully submitted,
Barbara Christensen
City Recorder
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ASHLAND MUNICIPAL CODE
CHAPTER 13.20
LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
SECTIONs:
13.20.010 Definitions.
13.20.020 Initiation of Local Improvements.
13.20.030 Content of Improvement Resolution.
13.20.040 Notice of Hearing Regarding Improvement Resolution.
13.20.050 Hearing on Improvement Resolution.
13.20.060 Method of Assessment.
13.20.070 Notice of Assessment.
13.20.080 Address To Which Notices Should Be Sent.
13.20.090 Deficit Assessments or Refunds.
13.20.100 Rebates and Credits.
13.20.110 Description of Real Property; Effect of Error In Name of Owner.
13.20.120 Lien Records and Foreclosure Proceedings.
13.20.130 Errors in Assessment Calculations.
13.20.140 Installment Payments of Assessments.
13.20.145 Deferral of Assessment Payments.
13.20.150 Abandonment of Proceedings.
13.20.160 Manner of Doing Work.
13.20.170 Curative Provisions,
13.20.180 Construction of Improvement: Bids.
13.20.190 Reassessments.
13.20.200 Apportionment of Liens Upon Partition.
13.20.210 Remedies.
13.20.220 Severability.
SECTION 13.20.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended.
A. "Improvement resolution" means that resolution adopted by the council declaring its intention to
make a local improvement.
B. "Local Improvement" has the meaning given under ORS 310.140 (9) (a) means a capital
construction proiect or part therof. undertaken by a local government pursuant to ORS 223.387
to 223.399. or pursuant to a local ordinance or resolution prescribing the procedure to be followed
in making local assessments for benefits from a local improvement upon the lots that have been
benefited by all or a part of the improvement.
(A) That provides a special benefit only to specific properties or rectifies a problem caused
by specific properties.. . . .
C. "Local Improvement District" means the property that is to be assessed for all or any portion of
the cost of a local improvement and the property on which the local improvement is located.
D. "Lot" means a lot, block or parcel of land.
E. "Owner" means the owner of the title to real property or the contract purchaser of real property of
record as shown on the last available complete assessment role in the office of the County
Assessor.
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SECTION 13.20.020 Initiation of Local Improvements.
Whenever the council in its discretion deems it necessary to make any local improvement to construct.
alter. repair. or improve any street. transit. parking. sewer. water. in:iE-ation. sidewalk. electric. fiber
network. street lights. storm drain or any other local improvements to be paid for in whole or in part by
special assessment, the council may declare its intention to make the local improvement by adopting an
improvement resolution. The proposed local improvement may be initiated by either of the following
methods:
A. By the council, at its own initiative; or
B. By written petition requesting the local improvement signed by the owners of property that would
benefit specially from the local improvement and that would have at least 60% of the anticipated
assessment as estimated by the city engineer. Property within the proposed district boundary.
owned by the City. shall be counted in support of local improvement district formation at the
same rate as any other property owner using the same methodology proposed for the local
improvement.
Whenever all of the owners of any property to be benefited and assessed for any local improvement have
signed a petition directed and presented to the council requesting such local improvement, the council
may initiate and construct such local improvement without publishing or mailing notice to the owners of
the affected property and without holding a public hearing regarding the proposed local improvement.
(Ord 2731,1994; amended Ord 2755,1995)
SECTION 13.20.030 Content of Improvement Resolution.
A. Mandatory Provisions. The improvement resolution shall contain the following:
1. A description of the improvement;
2. A description or map of the boundaries of the local improvement district to be assessed;
3. A declaration of the council's intention to undertake the improvement;
4. Provision for a date, time and place for a hearing regarding the improvement; and
5. A direction that notice be given of the improvement and of the public hearing.
6. The amount of the estimated cost of the improvement made by the city engineer and a proposed
allocation of the cost of the improvement among the owners of the property to be specially
benefited;
B. Optional Provisions. The improvement resolution may include the following:
1. A determination whether the property benefited shall bear all or any portion of the cost of the
local improvement, based upon the estimated cost;
2. Alternative proposals relating to the local improvement, but only if each alternative contains all
of the information required to be contained in the resolution if that alternative proposal were
the only proposal put forward; and
3. Any other information that the council deems relevant to the improvement.
SECTION 13.20.040 Notice of Hearing Regarding Improvement Resolution.
A. Notice. Notice of the hearing regarding the improvement resolution shall be given at least 30 days
prior to the scheduled date of the hearing.
B. Method of Delivering Notice. Notice shall be made by publication in a newspaper of general
circulation within the city and by mailing copies of the notice by first class mail to the owners of lots
affected by the improvement.
C. Content of Notice.
1. The notice shall contain:
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a. A general description of the proposed improvement;
b. A description or map of the local improvement district to be created;
c. A description of the property to be specifically benefited by the improvement; and
d. The date, time and place of the hearing when the council will hear and consider objections or
responses to the improvement.
e. A statement that if two-thirds of the property owners to be benefited object to the
improvement, the improvement will be suspended for six months.
f. A clear explanation on how and where property owners may object to the improvement.
g. The amount of the estimated assessment proposed on each particular property.
h. Any other information the council may direct to be included.
D. Effect of Failure of Notice. Any mistake, error, omission or failure with respect to a good faith
mailing of any notice shall not be jurisdictional or invalidate the improvement proceedings.
SECTION 13.20.050 Hearing on Improvement Resolution.
A. Testimonv Considered. At the hearing regarding the improvement resolution, the council shall hear
and consider testimony, both oral and written, on the improvement.
B. Approval in Discretion of Council. The council may implement the improvement resolution and
undertake completion of the improvement only if, in its sole discretion, the improvement is in the best
interest of the city. The council's discretion shall not be limited by the fact that a majority of the
benefited property owners have requested or indicated their support for the improvement.
C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be specially
assessed for the improvement, or the owners of property which will be assessed for two-thirds or
more of the proposed assessment, deliver to the council a remonstrance to the improvement, then
action on the improvement shall be suspended for six (6) months. Once the six months has expired it
is the petitioner's responsibility to re-submit a new petition for the project that meets the requirements
outline in 13.20.020 (B). Action on sidewalks or on improvements unanimously declared by the
council to be needed at once because of an emergency shall not be subject to suspension by a
remonstrance of the owners of the property to be specially assessed.
Notwithstanding- any document or agreement obligating an owner, or the owner's successor in
interest, to be favor of improvements or in favor of a local improvement district, or any document of
agreement waiving an owner's or successor's right to remonstrate against improvements of a local
improvement district, such owner or successor may appear at the public hearing and exercise their
First Amendment right to oppose or support the proposed local improvement district. but such
exercise shall not invalidate existing contractual waivers of remonstrance. (Ord 2837 S 1, 1999)
D. Modifications. At the hearing, the council may direct any modification of the improvement that it
deems appropriate. If the council modifies the scope of the improvement such that the local
improvement district would be enlarged, or, if estimated assessments have been made by the time of
the hearing, the assessment is likely to be increased by more than ten percent upon one or more lots,
then a new improvement resolution shall be adopted by the council, and new notices mailed to all of
the owners of properties within the local improvement district. No new publication regarding the
amended improvement need be made.(Ord 2731, 1994)
E. Creation of Local Improvement District. If the improvement is approved by the council, the council
shall by resolution create the local improvement district to be served by the improvement.
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I F. Determination of Allocation. The council shall determine whether the property benefited shall bear
all or a portion of the cost. The council shall then direct the city recorder to prepare the estimated
assessment to the respective lots within the local improvement district and file it in the lien records of
the city. The council shall then hear any objections that have been filed with the recorder concerning
the amount of the assessments, and may adopt, correct, modify or revise the estimated assessments.
\
SECTION 13.20.060 Method of Assessment.
A. Procedure for Assessment. When the estimated cost of an authorized local improvement has been
ascertained on the basis of the award of a contract or the departmental cost of the city or other
governmental agency to undertake the improvement, the city recorder, or such other person as the
council may direct, shall prepare the proposed assessments to the respective lots within the local
improvement district, shall file them in the office of the city recorder, and shall submit the proposed
assessments to the council. The submission may be in the form of a proposed resolution.
B. Determination of Assessment. The council shall determine the amount of the estimated assessment to
be charged against each lot within the local improvement district according to the special and peculiar
benefits accruing to the lot from the improvement, and shall spread the estimated assessments
accordingly. If the estimated cost, as ascertained under the preceding paragraph, is more than ten
percent above any estimated total assessment for the project the council may vote to discontinue the
project or to find other sources of funds so that the actual assessment does not exceed the estimated
assessment by more than ten percent. In determining and spreading the assessment, the council may
use any just and reasonable method consistent with the benefits derived by the various affected lots. If
any actual assessment to be levied on an individual lot exceeds the original estimated assessment by
more than ten percent, the council shall review such increase at the public hearing described in
section 13.20.060.E. (Ord 2731,1994)
C. Adoption of Proposed Assessment. Upon receiving the proposed assessment, the council shall, after
making any modifications, adopt a resolution directing that notice of the proposed assessments be
mailed or personally delivered to the owners of the lots to be assessed. The notice shall contain the
following information:
1. The name of the owner, a description of the property to be assessed, and the amount to be
assessed against the property.
2. A date and time by which written objections to the proposed assessment, stating specifically the
grounds for objection, must be received, and the date, place and time of a hearing at which the
council will consider any objections.
3. A statement that the assessment will be levied by the council after the hearing, will be charged
against the property, and will be immediately payable in full or in installments (if applicable)
following the levy.
D. Supplementary Notice. Supplementary notice of the proposed assessment and of the hearing
scheduled to consider the proposed assessment in form and content to be determined by the city
recorder may also be published or posted by the city recorder.
E. Hearing Regarding: Proposed Assessments. The council shall hold a public hearing on the date and
time set in the notice to consider those objections filed in writing with respect to the proposed
assessments. The council may adopt, correct, modify or revise the proposed assessments and shall
determine the amount of the assessment to be charged against each lot within the local improvement
district according to the special and peculiar benefits accruing to it from the improvements, and shall
by resolution levy and spread the assessments and cause that notice of the assessments be delivered to
all of the owners of property within the local improvement district.
SECTION 13.20.070 Notice of Assessment.
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A. Within ten days after the effective date of the resolution levying the assessments, the city recorder
shall send by first class mail to the owner of the assessed property, a notice of assessment. The notice
shall contain the following information:
1. The date of the resolution levying the assessment, the name of the owner of the property assessed,
the amount of the assessment, and a description of the property assessed;
2. A statement that the owner may file an application to pay the assessment in installments, as
provided in this chapter; and
3. A statement that the entire amount of the assessment, less any part for which application to pay in
installments is made, is due within 20 days of the date of the letter and, if unpaid on that date, will
accrue interest and subject the property to foreclosure.
B. Supplementary notices of assessment, in form and content to be determined by the city recorder, may
also be published or posted by the city recorder.
C. Failure to receive any notice of assessment shall not invalidate the proceedings nor affect the validity
of the assessment.
SECTION 13.20.080 Address To Which Notices Should Be Sent.
If a notice is required to be sent to the owner of a lot pursuant to this chapter, the notice shall be addressed
to the owner or the owner's agent, as such address is recorded in the county tax roll. If the address of the
owner or of the owner's agent is unknown to the recorder, the recorder shall mail the notice addressed to
the owner or the owner's agent at the address where the property is located. Any mistake, error, omission
or failure in respect to a good faith mailing shall not be jurisdictional or invalidate the assessment
proceeding, but there shall be no foreclosure or legal action to collect until notice has been given by
personal service upon the property owner, or, if personal service cannot be had, then by publication once
a week for two consecutive weeks in a newspaper of general circulation within the city.
SECTION 13.20.090 Deficit Assessments or Refunds.
If the initial assessment has been made on the basis of estimated cost, and, upon completion of the work,
the cost is found to be greater than the estimated cost, the council may make a deficit assessment for the
additional cost, provided, however, the council may not make a deficit assessment for more than ten
percent of the initial assessment. Proposed assessments upon the respective lots within the special
improvement district for a proportionate share of the deficit shall be made, notices shall be sent,
opportunity for objections shall be given, any objections shall be considered, and a determination of the
assessment against each particular lot, block, or parcel of land shall be made in the same manner as in the
case of the initial assessment, and the deficit assessment shall be spread by resolution.
SECTION 13.20.100 Rebates and Credits.
If assessments have been made on the basis of estimated cost and upon completion of the improvement
project the cost is found to be less than the estimated cost, the council shall ascertain and declare the same
by resolution, and when so declared, the excess amounts shall be entered on the city lien record as a credit
upon the appropriate assessment. Thereafter, the person who paid the original assessment, or that
person's legal representative or successor, shall be entitled to repayment of the excess amount. If the
property owner has filed an application to pay the assessment by installment, the owner shall be entitled
to such refund only when such installments, together with interest thereon, are fully paid. If the property
owner has neither paid such assessment nor filed an application to pay in installments, the amount of the
refund shall be deducted from such assessment, and the remainder shall remain a lien on the property until
legally satisfied.
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SECTION 13.20.110 Description of Real Property; Effect of Error In Name of Owner.
In levying, collecting and enforcing local assessments for local improvements, the following shall apply:
A. Real property may be described by giving the subdivision according to the United States survey
when coincident with the boundaries of the property, or by lots, blocks and addition or
subdivision names, or by metes and bounds or reference to the volume and page or document
number of any public record of Jackson County where the description may be found, or by
designation of tax lot number referring to a record kept by the Assessor of descriptions of real
property of Jackson County, which record shall constitute a public record, or in any other manner
as to cause the description to be capable of being made certain. Initial letters, abbreviations,
figures, fractions and exponents, to designate the township, range, section or part of a section,
where the number of any lot or block or part, or any distance, course, bearing or direction, may be
implied in any description of real property.
B. If the owner of any land is unknown, the land may be assessed to "unknown owner," or
"unknown owners." If the property is correctly described, no final assessment shall be
invalidated by a mistake in the name of the owner of the real property assessed or by the omission
of the name of the owner or the entry of a name other than that of the true owner. Where the
name of the true owner, or the owner of record, of a partial of real property is given, the final
assessment shall not be held invalid on account of any error or irregularity in the description if the
description would be sufficient in a deed of conveyance from the owner, or such that, in a suit to
en:force a contract to convey, employing such description a court of equity would hold it to be
good and sufficient.
C. Any description of real property that conforms substantially to the requirements of this section
shall be a sufficient description in all proceedings of assessment relating or leading to a final
assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any
other proceeding related to or connected with levying, collecting and enforcing final assessment
for special benefits to the property.
SECTION 13.20.120 Lien Records and Foreclosure Proceedings.
A. Assessment Liens. After adoption of the assessment resolution by the council, the city recorder shall
enter in the city lien record and adopt a statement of the amount assessed upon each particular lot,
parcel of land or portion, together with a description of the improvement, the name of the owners, and
the date of the assessment resolution. The amounts entered in the lien record shall become a lien and
charge upon the respective lots, parcels of land or portions that have been assessed for such
improvement. All assessment liens of the city shall be superior and prior to all other interests, liens
and encumbrances on the assessed property insofar as the laws of the State of Oregon permit.
B. Interest. Interest shall be charged until paid on all amounts assessed but not paid within 20 days from
the date of the notice of assessment, at a rate to be determined by the council.
C. Foreclosure. After expiration of 20 days from the date of the notice of assessment, the city may
proceed to foreclose or enforce collection of the assessment liens in the manner provided by the
general law in the State of Oregon for the collection of such liens. The city may, at its option, bid the
amount of its lien for the property being offered at any foreclosure sale.
SECTION 13.20.130 Errors in Assessment Calculations.
Persons claiming errors in the calculation of assessments shall bring the alleged errors to the attention of
the city recorder. The city recorder shall determine whether there has been an error in fact. If the city
recorder finds that there has been an error in fact, the city recorder shall recommend to the council an
amendment to the assessment resolution to correct the error. Upon adoption of the correcting resolution,
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the city recorder shall cause the correction to be made in the city lien record and shall cause a corrected
notice of assessment to be sent by first class mail to the owners of all affected properties.
SECTION 13.20.140 Installment Payments of Assessments.
The Bancroft Bonding Act (ORS 223.205 to 223.295) shall apply to assessments levied in accordance
with this chapter, subject to the provisions of this chapter. Unless otherwise provided in a particular
assessment resolution, the owner of any property assessed for a local improvement in a sum of $100 or
more may, at any time within 20 days after the date of the assessment notice (or within such lesser time,
not to be less than ten days, as the council may from time to time establish), file with the city recorder a
written application to pay the whole of the assessment, or, if any part of the assessment has been paid, the
unpaid balance of the assessment, in 20 semi-annual installments, together with interest thereon at a rate
to be determined by the council, and an amount, to be determined by the council, sufficient to pay a
proportionate part of administering the bond assessment program and issuing the bonds. In addition, each
application shall state that the applicant waives all irregularities, jurisdictional or otherwise, in the
proceedings to cause the local improvement for which the final assessment is levie,d and in the
apportionment of the actual cost of the local improvement, and shall contain a description, by lots and
blocks, or other convenient method, of the property of the applicant assessed for the improvement.
SECTION 13.20.145 Deferral of Assessment Payments.
An owner may elect to defer payment of the amount of special assessment for a local improvement
assessed on potential units pursuant to this chapter. The election shall be made by filing a claim for
deferral with the city recorder. The effect of filing the claim shall be to defer payment of the amount of
special assessment for local improvement on potential units. Potential units are those lots identified as
such in the resolution fixing the final assessments for a local improvement district. Potential units are
determined by using the potential unit method which establishes the maximum number of potential units
on properties within a proposed local improvement district by taking into consideration the zoning,
densities, topography, transportation, utilities and such other factors as necessary to evaluate the
development potential of the properties. The claim for deferral shall be effective for the calendar year for
which it is filed and for each subsequent year until the occurrence of one or more of the events described
in this section.
A. In order to qualify for deferral of payment of special assessment for local improvement amounts
under this section, the owner must meet the following requirements at the time the claim for
deferral is filed and thereafter so long as payment of the amount of special assessment for local
improvement is deferred:
1. The owner filing the claim must own the fee simple estate or be purchasing the fee simple
estate under a recorded instrument of sale.
2. The property with respect to which the claim is filed must have an assessment levied upon it
for potential units. The deferment will only apply to the potential units, not lots or parcels
which exist as of the date final assessments are imposed.
B. A claim for deferral under this section shall be in writing on a form prescribed by the city
recorder and shall:
1. Describe the lot or parcel upon which the potential units exist.
2. Recite facts establishing the eligibility for the deferral under the provisions of this section.
3. Be verified by a written declaration of the applicant making the claim to the effect that the
statements contained in the claim are true.
4. Be filed within 30 days after notice of the assessment is received.
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C. The city recorder shall show by an entry in the assessment lien record which property specially
assessed is accorded deferral under this section.
D. Interest shall accrue on the amount of the deferred special assessment for local improvement at
the rate established in the resolution imposing final assessments.
E. The liens for deferred special assessment for local improvement shall have the same priority as
special assessment liens against real property.
F. All deferred special assessments for local improvement, including accrued interest, become
payable when:
1. The property with respect to which deferral of collection of special assessment for local
improvement is claimed is sold, or a contract to sell is entered into, or some person, other
than the owner who claimed the deferral or other than a surviving spouse of such owner who
elects to continue the deferral, becomes the owner of the property. The surviving spouse may
elect to continue the property in its deferred status if the election is filed in the same manner
as a claim for deferral is filed under section 13.20.145.B within six months of the death of the
spouse who claimed the deferral. Thereupon, the property with respect to which the deferral
is claimed shall continue to be subject to special assessment deferral.
2. When any sale, contract to sell or any other transfer occurs and a surviving spouse does not
elect to continue the deferral, the amounts of deferred special assessment for local
improvement, including accrued interest, shall be due and payable on the sale or transfer
of the property.
3. If the amounts falling due as provided in this section are not paid on the indicated due date,
the amounts shall be deemed delinquent as of that date and the property shall become subject
to foreclosure.
(Ord 2837 S2, Added, 02/16/1999)
SECTION 13.20.150 Abandonment of Proceedings.
The council shall have full power and authority to abandon and rescind proceedings for local
improvements made under this chapter at any time prior to the final completion of such improvement. If
liens have been assessed upon any property under such procedure, they shall be canceled, and any
payments made on such assessments shall be refunded to the persons paying the same, their assigns or
successors.
SECTION 13.20.160 Manner of Doing Work.
Local improvements may be made in whole or in part by the city, by another governmental agency, by
contract, or by any combination of these. The city administrator, on behalf of the city, shall determine the
engineer for all work to be accepted by the city for public maintenance.
SECTION 13.20.170 Curative Provisions.
No improvement assessment shall be rendered invalid by reason of a failure to have all of the information
required to be in any engineer's or city recorder's report, the improvement resolution, the assessment
resolution, the lien docket or notices required to be published, mailed or posted; nor by the failure to list
the name of, or mail notice to, the owner of any property as required by this chapter; nor by reason of any
other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the
proceedings or steps specified in this chapter, if such proceedings or steps were made in a good faith
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effort to comply with the requirements of this chapter, unless it appears otherwise that the assessment is
unfair or unjust in its effect upon the person complaining. The council shall have the power and authority
to remedy and correct all such matters by suitable action and proceedings.
SECTION 13.20.180 Construction of Improvement: Bids.
A. Immediately after the effective date of the resolution establishing the local improvement district, the
engineer for the city shall cause necessary right-of-way and easements to be acquired and the
improvement to be made in accordance with the terms of the resolution if the work is to be performed
by the city or another governmental agency. If any part of the work of the improvement is to be done
under contrac"t bids, the engineer for the city shall cause detailed plans and specifications to be
prepared and filed and notice calling for bids to be published in a newspaper of general circulation
within the city not less than ten days prior to the opening of the bids.
B. The city administrator shall have the authority to sign all contracts on behalf of the city.
C. If the bid is more than ten percent above the engineer's estimate, the city administrator shall refer the
matter to the city council which may, in its discretion, provide for holding a special hearing to
consider objections to proceeding with the improvement on the basis of such bid.
SECTION 13.20.190 Reassessments.
A. Whenever all or part of any assessment for any local improvement has been or shall be declared void
or set aside for any reason or its enforcement refused by any court by reason of jurisdictional or other
defects in procedure, or whenever the council is in doubt as to the validity of all or any part of such
assessment, the council may make a new assessment or reassessment in the manner provided in ORS
223.405 through ORS 223.485, inclusive.
B. For purposes of this section, the term "assessment" includes deficit or supplemental assessments and
reassessments.
SECTION 13.20.200 Apportionment of Liens Upon Partition.
A. Whenever the ownership of any portion of a tract of real property less than the entire tract is or has
been transferred through partition or otherwise, any lien against said real property in favor of the city
shall, upon request of the owner, mortgagee or lien holder of any portion of the tract, be apportioned
as provided in this section and not otherwise; provided, that such transfer is in accordance with ORS
92.010 to 92.190, the Ashland Comprehensive Plan and Land Use Ordinance.
B. Applications for the apportionment of liens shall be made to the city recorder and shall be
accompanied by a fee established by resolution of the council. The application shall describe the tract
to be partitioned and the names of the owners of the respective tracts resulting from the partition. The
County Assessor shall furnish to the applicant a certificate showing the assessed valuation of the tract
prior to partition as of July 1 of the year in which the apportionment is requested, if available; or if
not available, as of July 1 of the preceding year.
C. The city recorder shall compute an apportionment of the lien against the real property upon the same
basis as the same was originally computed and apportioned. No apportionment shall be made unless
all parts of the original tract of land, taken together, after the apportionment will have a true cash
value as determined from the certificate of the assessor of at least the amount of the lien as to the
various tracts concerned.
D. Apportionment of a final assessment resulting from a partition under this section shall be done in
accordance with a resolution of the council. The resolution shall describe each parcel of real property
affected by the apportionment, the amount of the final assessment levied against each parcel, the
owner of each parcel and such additional information as is required to keep a permanent and complete
Page 9 of 10
ASHLAND MUNICIPAL CODE
record of the final assessments and payments. A copy of the resolution shall be delivered to the city
recorder for filing in the city lien docket.
E. No apportionment may be made under this section unless the deed, mortgage or other instrument
evidencing the applicant's interest in the parcel has been recorded by the County Clerk, or, if the same
has not been filed, the applicant files a true copy with the city recorder.
SECTION 13.20.210 Remedies.
Subject to the curative provisions of this chapter and the rights of the city to reassess, all actions of the
council taken pursuant to this chapter are reviewable solely and exclusively by writ of review in
accordance with the procedures in ORS 31.010 to 34.100.
SECTION 13.20.220 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 if effect. (Ord. 2705, 1993)
Page 10 of 10
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Prohibited Camping Amendment: First Reading
October 21, 2008 Primary Staff Contact: Richard Appicello
City Attorney E-Mail: appicelr@ashland.or.us
Administration Secondary Contact: Martha Bennett
Martha Benne Estimated Time: 45 minutes
Question:
Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Amending Chapter 10.46, Prohibiting Camping, Revising Penalties, Clarifying and Amending
Timeframes and Procedures, and Other Requirements" and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approval of First Reading by title only and move the Ordinance on to
Second Reading set for Novemb~r 4, 2008.
Background:
Following the initial Council discussion of this matter in July legal staff reduced the recommended
staff changes, with minor modifications, to ordinance form. The ordinance essentially does the
following:
· AMC 10.46.020 Amendment clarifies that the prohibition does not apply when the owner of
public property authorizes camping, or when an emergency is declared in accordance with
AMC 2.62.030.
· AMC 10.46.040 Amendment extends the period of time seized property will be retained by the
police department from 14 to 60 days, consistent with AMC 2.44 for other found property.
The existing notice and the longer retention period for items removed from City property
eliminated the issue presented in the Fresno class action settlement. The word 'value" is added
to "utility" to describe property which must be retained. "Putrescent" (putrid, rotten) is also
added to the word "insanitary" (unclean enough to endanger health) to describe property which
can be discarded.
· While not in the ordinance, the City Finance Department could create a City account for
donated funds earmarked for homeless support services. (Such an account would be similar to
the substance abuse treatment account where donated funds are held to be used to aid
individual defendants obtain drug and alcohol evaluations). Funds donated to the homeless
account could be used by the Court or Police Department to pay for laundering clothing,
providing vouchers for food or for campgrounds- as was suggested by Councilor Navickas.
· AMC 10.46.050 is modified to clarify that the offense is a violation not a crime. This resolves
any issue concerning cruel and unusual punishment based on the now vacated and withdrawn
opinion in Jones v. City of Los Angeles, 444 F.3d 1118 (9th Cir. 2006). Language referencing
Page 1 of2
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CITY OF
ASHLAND
allowance for community service (not to exceed 48 hours - the limit for non-criminal matters)
is also added.
. AMC 10.46.060 is clarified to reference the statutory authority for extraterritorial regulation of
City property. Under authority ofORS 226.010, the City should, in a separate ordinance,
comprehensively regulate or prohibit activities on city land outside the city limits that are
inconsistent with preservation of natural resources and also to reduce the risk of wildfire.
. Based on the ACLU comments submitted 10-13-08, Section 2 of the proposed ordinance was
modified to clarify, consistent with state law that posted notices are written in both English and
Spanish and that citation for violation of the ordinance is prohibited within 200 feet of the
posting, 2 hours before and 2 hours after the posting of the notice.
Related City Policies:
City Charter, Article 10, Ordinance Adoption Procedure
Council Options:
(1) Move to approve First Reading and continue the matter to November 4, 2008 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only}
Council: Motion to approve First Reading and set Second Readingfor November 4,2008.
Attachments:
Proposed ordinance
Attachment
Page 2 of2
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10.46, PROHIBITED CAMPING,
REVISING PENALTIES, CLARIFYING AND AMENDING TIMEFRAMES AND
PROCEDURES, AND OTHER REQUIREMENTS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are in bold underline.
WHEREAS, the City of Ashland wishes to modify and update the City Ordinance relating to
Prohibited Camping, to clarify the offense is a violation and not a crime, and to adjust
timeframes and other provisions; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 10.46.020, Camping Prohibited, is hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public right.;.of-way,
park, or any other publicly-owned property or under any bridge or viaduct, unless
otherwise specifically authorized by this code. bv the owner of the property. or by
emeraencv declaration under AMC 2.62.030 of the Mayor in emergency
circumstances.
SECTION 2. Section 10.46.040.A. and D, Removal of Campsite, is hereby amended to read
as follows:
10.46.040 Removal of Campsite
A. Prior to removing the campsite, the city shall post a notice, 24-hours in advance.
All posted notices shall be in Enalish and Spanish. A City enforcement officer
shall not issue a citation for violation of Chapter 10.46 if the citation would be
issued within 200 feet of the notice (identified above) and within two hours
before or after the notice was posted.
B. At the time that a 24-hour notice is posted, the city shall inform a local agency that
delivers social services to homeless individuals where the notice has been posted.
C. The local agency may arrange for outreach workers to visit the campsite where a
notice has been posted to assess the need for social service assistance in arranging
shelter and other assistance.
Page 1
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D. All personal property shall be given to the police department whether 24-hour
notice is required or not. The property shall be stored for a minimum of 60 .t4 days
during which it will be reasonably available to any individual claiming ownership. Any
personal property that remains unclaimed for 60 .t4 days may be disposed of
consistent with state law and AMC 2.44 for disposition of found. lost. unclaimed
or abandoned property. as applicable. For purposes of this paragraph, "personal
property" means any item that is reasonably recognizable as belonging to a person
and that has apparent utility. Items that have no apparent value or utility or are in an
insanitary or putrescent condition may be immediately discarded. Weapons, drug
paraphernalia and items that appear to be either stolen or evidence of a crime shall be
given to the police department.
E. The 24-hour notice required under subsection D of this section shall not apply:
1. When there are grounds for law enforcement officials to believe that illegal activities
other than camping are occurring.
2. In the event of an exceptional emergency such as possible site contamination by
hazardous materials or when there is immediate danger to human life or safety.
SECTION 3. Section 10.46.050, Penalties, is hereby amended to read as follows:
10.46.050 Penalties
A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of a violation
an infraction as set forth in Section 1.08..020 1.08.010.
B. UP to 48 hours of community service may be ordered by the Court and such
service may include clean-up of illeaal campsites. The court shall consider in
mitigation of any punishment imposed upon a person convicted of prohibited camping
whether or not the person immediately removed the campsite upon being cited. For
purpose of this section, removal of the campsite shall include all litter, including but not
limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by
the person in and around the campsite. All litter in and around the campsite shall be
presumed to be deposited by the person convicted of prohibited camping. Such
presumption shall be rebuttal, however.
SECTION 4. Section 10.46.060, Application outside city, is hereby amended to read as
follows:
10.46.060 Application outside city
Pursuant to ORS 226.010. t+his chapter applies to acts committed on park property
owned by the city that is located c;>utside the city.
Page 2
-,-
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 6. Savings. Notwithstanding this amendmenUrepeal, 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 ordinance(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 7. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", or another
word, and the sections of this Ordinance may be renumbered, or re-I ette red , provided
however that any Whereas clauses and boilerplate provisions (i.e. Sections 5-7) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3
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10.46 Prohibited Caml!i!!g
10.46.010 Definitions
Unless the context requires otherwise, the following definitions apply:
A. "To Camp" means to set up or to remain in or at a campsite.
B. "Campsite" means any place where bedding, sleeping bag, or other material used for
bedding purposes, or any stove or fire is placed, established, or maintained for the
purpose of maintaining a temporary place to live, whether or not such place
incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or
part thereof.
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way,
park, or any other publicly-owned property or under any bridge or viaduct, unless
otherwise specifically authorized by this code or by declaration of the Mayor in
emergency circumstances.
10.46.030 Sleeping on Benches or Within Doorways Prohibited
A. No person shall sleep on public benches between the hours of9:00 p.m. and 8:00
a.m.
B. No person shall sleep in any pedestrian or vehicular entrance to public or private
property abutting a public sidewalk.
10.46.040 Removal of Campsite
Upon discovery of an unattended campsite, removal of the campsite by the city may
occur under the following circumstances:
A. Prior to removing the campsite, the city shall post a notice, 24-hours in advance.
B. At the time that a 24-hour notice is posted, the city shall inform a local agency that
delivers social services to homeless individuals where the notice has been posted.
C. The local agency may arrange for outreach workers to visit the campsite where a
notice has been posted to assess the need for social service assistance in arranging
shelter and other assistance.
D. All personal property shall be given to the police department whether 24-hour
Attachment A - Page 1 of 2
notice is required or not. The property shall be stored for a minimum of 14 days during
which it will be reasonably available to any individual claiming ownership. Any
personal property that remains unclaimed for 14 days may be disposed of. For
purposes of this paragraph, "personal property" means any item that is reasonably
recognizable as belonging to a person and that has apparent utility. Items that have no
apparent utility or are in an insanitary condition may be immediately discarded.
Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a
crime shall be given to the police department.
E. The 24-hour notice required under subsection D of this section shall not apply:
1. When there are grounds for law enforcement officials to believe that illegal
activities other than camping are occurring.
2. In the event of an exceptional emergency such as possible site contamination by
hazardous materials or when there is immediate danger to human life or safety.
10.46.050 Penalties
A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of an infraction
as set forth in Section 1.08.010.
B. The court shall consider in mitigation of any punishment imposed upon a person
convicted of prohibited camping whether or not the person immediately removed the
campsite upon being cited. For purpose of this section, removal of the campsite shall
include all litter, including but not limited to bottles, cans, garbage, rubbish and items
of no apparent utility, deposited by the person in and around the campsite. All litter in
and around the campsite shall be presumed to be deposited by the person convicted of
prohibited camping. Such presumption shall be rebuttal, however.
10.46.060 Application outside city
This chapter applies to acts committed on property owned by the city that is located
outside the city.
Attachment A - Page 2 of 2
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